The MARD Regulations 2011

• Citation: S.I. 2011/2931
• Sections: 18

Section 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the MARD Regulations 2011 and come into force on 1 January 2012.

(2) The Articles mentioned in these Regulations are those of MARD , except where otherwise indicated .

(3) Regulations 2(1), 4(1), 5(1), 6, 7(2), 7(4) and 13(2) each applies to any Article it mentions only where the relevant UK authority is the requested authority in that Article.

(4) Regulations 9, 10(1), 11, 12 and 13(3) each applies to any Article it mentions only where an applicant authority of the United Kingdom is the applicant authority in that Article.

(5) Obligations imposed by these Regulations on a relevant UK authority by virtue of a request for assistance relating to a claim in respect of which MARD is made applicable between member States and the United Kingdom by virtue of Article 100 of the withdrawal agreement expire at the end of the period for which MARD is made so applicable by Article 100 of the withdrawal agreement.

(6) In these Regulations—

“Member State” has the same meaning as it has in MARD, as modified by Article 7(1) of the withdrawal agreement;

“withdrawal agreement” has the meaning given to it by section 39(1) of the European Union (Withdrawal Agreement) Act 2020.

Section 2 Exchange of information

(1) The relevant UK authority must comply with the provision made by Article 5 in relation to the requested authority.

(2) This is subject to Articles 5(2) and 5(3).

Section 3 Exchange of information

A United Kingdom public authority that is to make a refund in Article 6 may follow that Article.

Section 4 Exchange of information

(1) The relevant UK authority must make and carry out the agreement and arrangements for which Article 7(1) makes provision in relation to the requested authority, to the extent that this will promote the mutual assistance provided for in MARD.

(2) This is subject to Articles 7(3) and 21(2).

Section 5 Enforcement of foreign claims in the UK

(1) The relevant UK authority must comply with the provision made by Articles 8, 9(1), 13(2), 13(3), 13(5), 14(1), 16, 18(4) and 19(3) in relation to the requested authority.

(2) For Article 8: this is subject to Article 8(2).

(3) For Article 16: paragraph (1) and regulation 7 apply in a way that gives effect to Article 17.

Section 6 Enforcement of foreign claims in the UK

(1) The relevant UK authority may follow Article 13(4), first sentence.

(2) Where it does so, that authority must follow Article 13(4), second sentence.

Section 7 Enforcement of foreign claims in the UK

(1) Articles 12, 14(1), 14(2), 15(2) second and third sub-paragraphs, and 18 apply to a foreign claim .

(2) The relevant UK authority must follow Article 15(2), first sub-paragraph, second sentence.

(3) The provision in paragraph (1) for Articles 12 and 14 also apply where the foreign claim is based on a revised instrument in Article 15(2), third sub-paragraph.

(4) The relevant UK authority may follow Articles 18(1) and 18(2).

(5) The relevant UK authority may follow Article 18(3) where the United Kingdom is the Member State in that Article.

Section 8 Enforcement of foreign claims in the UK

In the application of the Finance Act 2009 , Schedule 49 to any kind of foreign claim for which the relevant UK authority is the Commissioners , the sum payable in paragraph 1(1) of that Schedule includes a foreign claim.

Section 9 Request for notification of certain documents relating to claims

Any applicant authority of the United Kingdom must ensure compliance or comply with the provision made by Articles 8(1) and 8(2) in relation to the applicant authority.

Section 10 Requests for recovery, and conditions governing them

(1) Any applicant authority of the United Kingdom must comply with the provision made by Articles 10(2) and 11 in relation to the applicant authority.

(2) A request in either Article by an applicant authority of the United Kingdom must comply with Article 12(1) (except for the obligations that Article places on the requested Member State ).

The request may be accompanied by the other documents as mentioned in Article 12(2).

Section 11 Disputes

Any applicant authority of the United Kingdom must comply with the provision made by Articles 14(3) and 14(4), third sub-paragraph, third sentence in relation to the applicant authority.

Section 12 Amendment or withdrawal of UK request for recovery assistance

Any applicant authority of the United Kingdom must comply with the provision made by Article 15 in relation to the applicant authority.

Section 13 Questions on limitation

(1) Article 19 applies to a foreign claim and to a claim for which the applicant Member State is the United Kingdom, as appropriate.

(2) The relevant UK authority must comply with the provision made by Article 19(3) in relation to the requested authority.

(3) Any applicant authority of the United Kingdom must comply with the provision made by Article 19(3) in relation to the applicant authority.

Section 14 Costs

(1) The relevant UK authority and an applicant authority of the United Kingdom may follow respectively Article 20(2), second sub-paragraph in relation to the requested and applicant authorities, as appropriate to the circumstances.

(2) United Kingdom public authorities must seek to ensure compliance with Article 20(2), first sub-paragraph and with Article 20(3).

Section 15 Standard forms and means of communication

(1) Article 21(1) applies where the United Kingdom is the requested Member State or the applicant Member State in that Article, as appropriate.

(2) This is subject to Article 21(3).

Section 16 Use of languages

(1) The documents mentioned in Article 22(1) sent from the United Kingdom must comply with that Article.

(2) Where those documents are sent to the United Kingdom, the second sentence of that Article applies provided that the United Kingdom public authority concerned has agreed with the sending Member State as mentioned in that sentence.

(3) This paragraph applies in relation to documents covered by Article 22(3) where the relevant UK authority is the requested authority or an applicant authority of the United Kingdom is the applicant authority in that Article.

The former authority may impose, and the latter authority must obey, the requirement in that Article.

Either authority may enter the bilateral agreement in that Article.

(4) English is the only official language in cases where the United Kingdom is the requested Member State in Articles 22(1) and 22(3), or is the applicant Member State in Article 22(2).

Section 17 Disclosure of information and documents

(1) Articles 23(1) and 23(6) apply where the United Kingdom is the Member State receiving the information within those Articles.

(2) Any United Kingdom public authority in question must seek to ensure that the United Kingdom complies with Articles 23(3) and 23(5) where the United Kingdom is the Member State providing the information, or is the Member State from which it originates, within those Articles.

(3) The relevant UK authority may follow Article 23(4), first sentence where it is the requested authority in that Article.

(4) An applicant authority of the United Kingdom may follow Article 23(4), first sentence where it is the applicant authority in that Article.

(5) Paragraphs (3) and (4) are subject to the second and third sentences of Article 23(4), and to Article 23(5), being satisfied.

Section 18 Statutory instruments revoked

The Regulations in the table in the Schedule are revoked.