The Conflict Minerals (Compliance) (Northern Ireland) (EU Exit) Regulations 2020
| Jurisdiction | UK Non-devolved |
| Citation | SI 2020/1664 |
| Year | 2020 |
(1) These Regulations may be cited as the Conflict Minerals (Compliance) (Northern Ireland) (EU Exit) Regulations 2020 and come into force on 1st January 2021.(2) These Regulations extend to Northern Ireland only.(1) In these Regulations—The Secretary of State must carry out the functions of the competent authority under the EU Regulation, in respect of Union importers. The Secretary of State must carry out the functions of the Member State insofar as they relate to Northern Ireland under the EU Regulation, in respect of Union importers. (1) Subject to paragraph (2) , information of any description may be disclosed by the Secretary of State to any person for the purpose of facilitating the carrying out by the Secretary of State of any of the Secretary of State's functions under these Regulations.(2) Nothing in paragraph (1) authorises a disclosure of information which contravenes any express restriction on disclosure imposed by an enactment passed or any other instrument made in the United Kingdom, or in any part of the United Kingdom, which applies to Northern Ireland (ignoring any restriction which allows disclosure if authorised by an enactment or instrument) .relates to a trade secret of any person; orotherwise is or might be commercially confidential in relation to any person,(4) Any authorisation under paragraph (1) of the disclosure of information by or to any person also authorises the disclosure of that information by or to any officer of that person who is authorised to make a disclosure or to receive the information.(1) The Commissioners for Her Majesty's Revenue and Customs may disclose any information in their possession to the Secretary of State for the purpose of facilitating the carrying out by the Secretary of State of any of the Secretary of State's functions under these Regulations.(2) Paragraph (1) is without prejudice to any other power of the Commissioners to disclose information.the information relates to a person whose identity is specified in the disclosure or can be deduced from the disclosure;the disclosure is for a purpose other than specified in paragraph (1) ; andthe Commissioners have not given their prior consent to the disclosure.(4) A person who breaches paragraph (3) is guilty of an offence.that the disclosure was lawful; orthat the information had already and lawfully been made available to the public.by the Commissioners, orwith the consent of the Director of Public Prosecutions for Northern Ireland.on conviction on indictment, to imprisonment for a term not exceeding two years, to a fine or both, oron summary conviction, to imprisonment for a term not exceeding six months, to a fine not exceeding the statutory maximum, or both.(1) Where the Secretary of State considers it necessary for the carrying out of the Secretary of State's functions under these Regulations, the Secretary of State may give notice to a F5Union importer requiring the F5Union importer to provide the Secretary of State the information specified in the notice.(2) A notice under paragraph (1) must be in writing and specify the purpose for which the information is required.must specify the time within which the F5Union importer to whom it is given must comply with it;the manner in which the F5Union importer to whom it is given must comply with it; andthe form in which the information must be provided.the creation of documents, or documents of a description, specified in the notice; andthe provision of those documents to the Secretary of State.(5) A requirement to provide information or create a document is a requirement to do so in a legible form.The Secretary of State may authorise in writing a person (an “inspector”) to exercise the powers under regulations 10 and 11. (1) An inspector may, on serving reasonable notice, enter the premises of a Union importer at any reasonable hour for the purpose of carrying out the Secretary of State's functions under these Regulations, except premises used wholly or mainly as a private dwelling house.where reasonable efforts to agree an appointment have failed; orwhere an inspector reasonably believes that it would defeat the object of the entry.must, if requested, produce a duly authenticated authorisation document;may be accompanied by a representative of the Union importer; and
- “body corporate” includes a limited liability partnership;
- “civil sanction” has the meaning given by regulation 14;
- “competent authority” for the purposes of these Regulations is the authority responsible for the functions of the “Member State competent authority” in the EU Regulation;
- “compliance notice” has the meaning given by paragraph 1 of the Schedule;
- “EU Regulation” means Regulation (EU) No 2017/821 of the European Parliament and of the Council of 17 May 2017 laying down supply chain due diligence obligations for Union importers of tin, tantalum and tungsten, their ores, and gold originating from conflict-affected and high risk areas ;
- “inspector” has the meaning given by regulation 9;
- “non-compliance penalty” has the meaning given by paragraph 4 of the Schedule;
- “officer” in relation to a body corporate, means any director, secretary or other similar officer of the body corporate;
- “partnership” does not include a limited liability partnership;
- “premises” includes any vehicle, vessel, aircraft, hovercraft, tent or moveable structure;
- “Union importer” for the purposes of these Regulations has the same meaning as it does in the EU Regulation, except that it is applicable only to Union importers that import into Northern Ireland; and
- “unincorporated association” does not include a partnership.
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