The Russia (Sanctions) (EU Exit) (Amendment) (No. 3) Regulations 2023

UK Statutory Instrument 2023 No. 713 — creates 1 criminal offence.

1offences created

0recorded in force

0revoked

Made: 27 June 2023
In force from: 30 June 2023
Extent: Not stated
Subject: International sanctions, export control and trade restrictions
Made under: Parliament under section 55(3) of the Sanctions and Anti-Money Laundering Act 2018, S.I. 2022/850, Sanctions and Anti-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) Regulations 2019 (S.I. 2019/855) (“the 2019 Regulations”). Regulation 3 amends Chapter 6B (professional and business services) of Part 5 of the 2019 Regulations to introduce a new prohibition on the provision of legal advisory services where the legal advisory services are provided in relation to activity which would contravene certain prohibitions in the 2019 Regulations if that activity were carried out by a UK person, or in the United Kingdom. Regulation 4 introduces new exceptions to the prohibition on the provision of professional and business services to a person connected with Russia for the provision of auditing services, and in relation to the provision of expert evidence in connection with legal proceedings. Regulation 5 introduces an exception from the new prohibition, inserting a new regulation 60DB in the 2019 Regulations, and regulation 6 amends regulation 61 to ensure that the new prohibition is not contravened by an act done to deal with an emergency. Regulations 7 and 9 make consequential amendments to regulations 82 and 87 on the enforcement of the 2019 Regulations. Regulation 8 amends regulation 85 so that the offences specified in regulation 85(3B) and (3C) may only be investigated by HM Revenue and Customs following a referral by either a Secretary of State, the Treasury or the Office of Communications, or a decision by the Commissioners for His Majesty’s Revenue and Customs to treat a suspected offence as if it had been so referred to them. Regulation 10 inserts a definition of “legal advisory services” into Schedule 3J. A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public service is foreseen.

Offences created by this instrument

Legal advisory services regulation 54D(4) · Status not determined · Strict liability

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.

Sanctions Commons · Commons Chamber · 19 July 2023 · The Minister of State, Foreign, Commonwealth and Development Office (Anne-Marie Trevelyan)
I beg to move, That the Russia (Sanctions) (EU Exit) (Amendment) (No. 3) Regulations 2023 (SI, 2023, No. 713), dated 27 June, a copy of which was laid before this House on 29 June, be approved. The regulations amend the Russia (Sanctions) (EU Exit) Regulations 2019. The instrument was laid on 29 June 2023 under powers in the Sanctions and Anti-Money Laundering Act 2018. The measures in the instrument, which entered into force on 30 June 2023, have been co-ordinated with our international partners, while refining the approach to accommodate the particular circumstances of the UK’s legal…
Sanctions Commons · Commons Chamber · 19 July 2023 · Anne-Marie Trevelyan
I thank the hon. Gentleman for his kind and thoughtful intervention. They are an extraordinary team—they are working flat out all the time. Sadly, until such time as Putin loses this war, we will continue to work flat out to ensure that we have as many sanctions tools available to us as possible. In the meantime, I hope and trust that the House will support the regulations. Question put and agreed to. Resolved, That the Russia (Sanctions) (EU Exit) (Amendment) (No. 3) Regulations 2023 (SI, 2023, No. 713), dated 27 June, a copy of which was laid before this House on 29 June, be approved.
Sanctions Commons · Commons Chamber · 19 July 2023 · Drew Hendry (Inverness, Nairn, Badenoch and Strathspey) (SNP)
It is always a pleasure to follow the knowledgeable hon. Member for Bromley and Chislehurst (Sir Robert Neill). Given his legal expertise, I can now take three pages out of the speech I was going to deliver, and I hope the Minister was listening. This is a serious issue. For the Scottish National party, our stance has always been clear, unambiguous, and unwavering: we vehemently support the principles of democracy, peace, and the rule of law, and we unyieldingly oppose any entity or individual that would act to undermine those bedrock principles. It is worth recollecting the context here.…
Russia (Sanctions) (EU Exit) (Amendment) (No. 3) Regulations 2023 Lords · Grand Committee · 19 July 2023 · Lord Ahmad of Wimbledon
That the Grand Committee do consider the Russia (Sanctions) (EU Exit) (Amendment) (No. 3) Regulations 2023. Relevant document: 46th Report from the Secondary Legislation Scrutiny Committee (s pecial attention drawn to the instrument)
Russia (Sanctions) (EU Exit) (Amendment) (No. 3) Regulations 2023 Lords · Grand Committee · 19 July 2023
Russia (Sanctions) (EU Exit) (Amendment) (No. 3) Regulations 2023 Lords · Lords Chamber · 20 July 2023

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 27 June 2023
Instrument made (signed into law) 27 June 2023
Laid before the House of Commons 29 June 2023 · Commons
Laid before the House of Lords 29 June 2023 · Lords
Motion to approve the instrument tabled by the Government 29 June 2023 · Commons
Instrument comes into force as law 30 June 2023
Considered by the Secondary Legislation Scrutiny Committee (SLSC) 11 July 2023 · Lords
Drawn to the special attention of the House by the Secondary Legislation Scrutiny Committee (SLSC) 11 July 2023 · Lords
Secondary Legislation Scrutiny Committee (SLSC) draws the special attention of the House to the instrument on the grounds that it is politically or legally important or gives rise to issues of public policy likely to be of interest to the House 11 July 2023 · Lords
Considered by the Joint Committee on Statutory Instruments (JCSI) 12 July 2023 · Commons, Lords
Not drawn to the special attention of the Houses by the Joint Committee on Statutory Instruments (JCSI) 12 July 2023 · Commons, Lords
Motion to approve the instrument tabled by the Government 12 July 2023 · Lords
Chamber debate 19 July 2023 · Commons
Grand Committee debate 19 July 2023 · Lords
Question put on motion to consider the instrument 19 July 2023 · Lords
Motion to consider the instrument approved 19 July 2023 · Lords
Question on motion to approve the instrument put 19 July 2023 · Commons
Instrument approved 19 July 2023 · Commons
Question on motion to approve the instrument put 20 July 2023 · Lords
Instrument approved 20 July 2023 · Lords
Instrument remains law 20 July 2023
Procedure concluded in the House of Commons and the House of Lords 20 July 2023 · Commons, Lords
Approval period ends 24 July 2023

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

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