Statutory Instruments
2022 No. 1092
Sanctions
The Sanctions (Damages Cap) Regulations 2022
Made
25th October 2022
Coming into force
26th October 2022
The Secretary of State( 1 ) makes the following Regulations in exercise of the powers conferred by sections 39(2A) and 54(1)(a) of the Sanctions and Anti-Money Laundering Act 2018( 2 ).
A draft of these Regulations has been laid before, and approved by a resolution of, each House of Parliament in accordance with section 55(5) of the Sanctions and Anti-Money Laundering Act 2018( 3 ).
Citation and commencement
1. These regulations may be cited as the Sanctions (Damages Cap) Regulations 2022 and come into force on the day after the day on which they are made.
Damages cap
2. —(1) The amount specified for the purposes ofsection 39(2A) (court reviews: cap on damages) of the Sanctions and Anti-Money Laundering Act 2018 is £10,000.
(2) Paragraph (1) does not apply where the court considers that it is necessary to disapply that paragraph because failure to do so would be a breach of the appropriate person’s( 4 ) Convention rights (within the meaning of the Human Rights Act 1998( 5 )).
Signed by the authority of the Secretary of State
Leo Docherty
Minister of State
Foreign, Commonwealth and Development Office
25th October 2022
The power to make regulations under Part 1 of the Sanctions and Anti-Money Laundering Act 2018 (c. 13) is conferred on an appropriate Minister. Section 1(9)(a) of the Act defines an “appropriate Minister” as including the Secretary of State.
2018 c. 13 . Section 39(2A) was inserted by the Economic Crime (Transparency and Enforcement) Act 2022 (c. 10) , section 64(1)(b).
Section 55(5)(aa) was inserted by the Economic Crime (Transparency and Enforcement) Act 2022, section 64(2).
“Appropriate person” is defined in section 38(3) of the Sanctions and Anti-Money Laundering Act 2018.