The Russia (Sanctions) (EU Exit) (Amendment) (No. 6) Regulations 2022

UK Statutory Instrument 2022 No. 241 — creates 6 criminal offences.

6offences created

0recorded in force

0revoked

Made: 8 March 2022
In force from: 8 March 2022
Extent: Not stated
Subject: International sanctions, export control and trade restrictions
Made under: SI 2022/203, Sanctions and Money-Laundering Act 2018

Explanatory note

(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

These Regulations are made under the Sanctions and Anti-Money Laundering Act 2018 (c.13) to amend the Russia (Sanctions) (EU Exit) (Amendment) Regulations 2019 (S.I. 2019/855) (“the 2019 Regulations”). These Regulations provide for new aviation and trade sanctions measures in relation to Russia. The Regulations prohibit Russian aircraft from overflying or landing in the United Kingdom. The Regulations also confer powers on the Secretary of State, air traffic control and airport operators to issue directions for the purpose of preventing Russian aircraft from entering the airspace over the United Kingdom or from landing in the United Kingdom, or requiring aircraft to leave the airspace over the United Kingdom. The Regulations also confer powers on the CAA to refuse, suspend or revoke permissions in respect of Russian aircraft. The registration of aircraft on the register kept by the CAA is prohibited where they are owned, operated or chartered by demise by a designated person. An exception from the prohibitions on landing and overflight is provided for where failing to land would endanger the lives of persons on board or the safety of the aircraft. The Regulations make it a criminal offence to contravene any of the prohibitions or fail to comply with a direction in these Regulations. The Regulations also amend the trade measures in the 2019 Regulations to add new categories of aviation and space goods and technology, based on items falling within chapter 88 of the Tariff of the United Kingdom. The existing prohibitions applying to restricted goods and restricted technology are extended to these goods and technology, as well as a new prohibition on insurance and reinsurance services. Existing exceptions in relation to aircraft and vessels, for emergencies in certain cases, for authorised conduct and for purposes of national security or prevention of serious crime are applied to the new prohibition. Parts 4, 7 and 9 also amend the 2019 Regulations and the Merchant Shipping (Registration of Ships) Regulations 1993 (S.I. 1993/3138) to correct certain omissions and errors in the Russia (Sanctions) (EU Exit) (Amendment) (No. 4) Regulations 2022 (S.I. 2022/203). A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen. Instead a de minimis assessment has been prepared as this instrument is likely to entail some costs for businesses, but the net impact is estimated to be below £5 million per year. An impact assessment was, however, produced for the primary legislation and can be found at https://www.gov.uk/government/publications/sanctions-and-anti-money-laundering-bill-impact-assessment.

Offences created by this instrument

If a prohibition in regulation 57J(1) (movement of aircraft) is contravened by the flight or landing of a Russian… regulation 57N(1) · Status not determined · Strict liability
It is an offence for an airport operator to fail, without reasonable excuse, to comply with a direction given by the… regulation 57N(2) · Status not determined · Strict liability
It is an offence for a person to whom a direction is given under regulation 57J(3) (direction by air traffic control… regulation 57N(3) · Status not determined · Strict liability
It is an offence for a person to whom a direction is given under regulation 57J(5) (direction by airport operator to… regulation 57N(4) · Status not determined · Strict liability
A person who contravenes the prohibition in regulation 57L(6) (disclosure of direction) commits an offence regulation 57N(5) · Status not determined · Strict liability
Offences 57N 1 If a prohibition in regulation 57J(1) (movement of aircraft) is contravened by the flight or landing of… regulation 9 · Status not determined · Mixed — some elements strict, some not

What Parliament said about it

Contributions, debates and written statements mentioning this instrument by name. Parliamentary material is reused under the Open Parliament Licence v3.0.

Russia (Sanctions) (EU Exit) (Amendment) (No. 4) Regulations 2022 Russia (Sanctions) (EU Exit) (Amendment) (No. 5) Regulations 2022 Russia (Sanctions) (EU Exit) (Amendment) (No. 6) Regulations 2022 Commons · General Committees · 21 March 2022 · James Cleverly
Again, I do not want to run ahead of what has been publicly committed to, but I take the point the hon. Gentleman has made about supporting businesses and, indeed, countries that are doing the right thing. Those countries will perhaps feel a much greater financial impact than we will in the UK. We will ensure that we stand in solidarity with not just the Ukrainian people at this difficult time, but with the companies, individuals and countries that have chosen to do the right thing, knowing that it will bring them a degree of financial and economic pain. I assure the hon. Gentleman that we…
Russia (Sanctions) (EU Exit) (Amendment) (No. 4) Regulations 2022 Russia (Sanctions) (EU Exit) (Amendment) (No. 5) Regulations 2022 Russia (Sanctions) (EU Exit) (Amendment) (No. 6) Regulations 2022 Commons · General Committees · 21 March 2022 · Alyn Smith (Stirling) (SNP)
It is a pleasure to serve under your chairmanship, Mr Twigg. I am conscious when making any speech that nobody ever criticised a speech for being too short, so I too do not intend to detain the Committee. We support the measures. We have called for them, we urge the Minister to greater efforts and he has our support. The SNP stands foursquare with the people of Ukraine—an innocent people who have suffered a terrible act of aggression from their neighbour. It really is poignant that we are debating the technicalities of legislation while they are fighting for their lives and homeland. It is a…
Russia (Sanctions) (EU Exit) (Amendment) (No. 4) Regulations 2022 Russia (Sanctions) (EU Exit) (Amendment) (No. 5) Regulations 2022 Russia (Sanctions) (EU Exit) (Amendment) (No. 6) Regulations 2022 Commons · General Committees · 21 March 2022
Russia (Sanctions) (EU Exit) (Amendment) (No. 4) Regulations Lords · Grand Committee · 22 March 2022 · Lord Sharpe of Epsom (Con)
My Lords, I shall speak to the following three statutory instruments, copies of which were laid before this House on 1 and 8 March: first, the Russia (Sanctions) (EU Exit) (Amendment) (No. 4) Regulations 2022; secondly, the Russia (Sanctions) (EU Exit) (Amendment) (No. 5) Regulations 2022; and. thirdly, the Russia (Sanctions) (EU Exit) (Amendment) (No. 6) Regulations 2022. The instruments before us were laid under the powers provided by the Sanctions and Anti-Money Laundering Act 2018, also known as the sanctions Act, and came into effect under the “made affirmative” procedure. As part of…
Business without Debate Commons · Commons Chamber · 22 March 2022 · Madam Deputy Speaker (Dame Rosie Winterton)
With the leave of the House, we will take motions 4, 5 and 6 together. Motion made, and Question put forthwith (Standing Order No. 118(6)), Sanctions That the Russia (Sanctions) (EU Exit) (Amendment) (No. 4) Regulations 2022 (SI, 2022, No. 203), dated 1 March 2022, a copy of which was laid before this House on 1 March, be approved. That the Russia (Sanctions) (EU Exit) (Amendment) (No. 5) Regulations 2022 (SI, 2022, No. 205), dated 1 March 2022, a copy of which was laid before this House on 1 March, be approved. That the Russia (Sanctions) (EU Exit) (Amendment) (No. 6) Regulations 2022 (SI,…

How Parliament handled it

Both Houses had to approve this instrument before it could take effect, and did so.

Procedure: Made affirmative — both Houses had to approve it
Could either House amend it?: No. A statutory instrument is put to each House as a whole thing, to be approved or not. Neither House can change a word of it.
Committee: Drawn to the special attention of the Houses by a scrutiny committee

Procedural history

Instrument created 8 March 2022
Instrument made (signed into law) 8 March 2022
Instrument comes into force as law 8 March 2022
Laid before the House of Commons 8 March 2022 · Commons
Laid before the House of Lords 8 March 2022 · Lords
Motion to approve the instrument tabled by the Government 8 March 2022 · Commons
Motion to approve the instrument tabled by the Government 9 March 2022 · Lords
Considered by the Secondary Legislation Scrutiny Committee (SLSC) 15 March 2022 · Lords
Information paragraph provided by the Secondary Legislation Scrutiny Committee (SLSC) 15 March 2022 · Lords
Delegated Legislation Committee (DLC) debate 21 March 2022 · Commons
Question put on motion to consider the instrument 21 March 2022 · Commons
Motion to consider the instrument approved 21 March 2022 · Commons
Grand Committee debate 22 March 2022 · Lords
Question put on motion to consider the instrument 22 March 2022 · Lords
Motion to consider the instrument approved 22 March 2022 · Lords
Question on motion to approve the instrument put 22 March 2022 · Commons
Instrument approved 22 March 2022 · Commons
Considered by the Joint Committee on Statutory Instruments (JCSI) 23 March 2022 · Commons, Lords
Drawn to the special attention of the Houses by the Joint Committee on Statutory Instruments (JCSI) 23 March 2022 · Commons, Lords
Joint Committee on Statutory Instruments (JCSI) draws the special attention of both Houses to the instrument on the grounds that it is defectively drafted 23 March 2022 · Commons, Lords
Joint Committee on Statutory Instruments (JCSI) draws the special attention of both Houses to the instrument on the grounds that there is doubt as to whether they are intra vires 23 March 2022 · Commons, Lords
Question on motion to approve the instrument put 24 March 2022 · Lords
Instrument approved 24 March 2022 · Lords
Instrument remains law 24 March 2022
Procedure concluded in the House of Commons and the House of Lords 24 March 2022 · Commons, Lords
Approval period ends 4 April 2022

From Parliament's Statutory Instruments service. Parliamentary material is reused under the Open Parliament Licence v3.0.

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