1.On 3 April 2019, the Committee requested that the Foreign and Commonwealth Office (“FCO”) submit a memorandum on the following points:
(1) Explain the definition of “non-UK country” in regulation 25(4), given that the expression appears only in sub-paragraphs (e) to (h) of paragraph (1) and the expression “third country”, which appears in sub-paragraphs (a) to (d), is not defined.
(2) In regulation 26(3), is it intended to be a defence to show either (a) or (b), or must both be shown, and why is this not made clear?
2.The FCO is grateful for the Committee’s consideration of this instrument and responds as follows.
3.The use of “third country” in sub-paragraphs (a)-(d) of regulation 25(1) is an error. It should instead be “non-UK country”.
4.The intention in regulation 26(3) is that it is a defence to show either (a) or (b).
5.The FCO apologises for the error in regulation 25 and the lack of clarity in regulation 26(3), and will seek to correct both regulations with an amending instrument.
Foreign and Commonwealth Office
9 April 2019
Published: 3 May 2019