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Make
provision for the temporary validity of certain Orders in Council
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imposing financial restrictions
on, and in relation to, persons suspected of |
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involvement in terrorist activity;
and for connected purposes. |
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Be
it enacted by the Queen’s most Excellent Majesty,
by and with the advice and |
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consent of the Lords Spiritual
and Temporal, and Commons, in this present |
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Parliament assembled, and
by the authority of the same, as follows:— |
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1 |
Temporary
validity of certain Orders in Council |
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(1) |
The following provisions
have effect for the period beginning when this Act |
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comes into force and ending
with 31 December 2010. |
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(2) |
The following Orders— |
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(a) |
the Terrorism (United Nations
Measures) Order 2001 (S.I. 2001/3365), |
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(b) |
the Terrorism (United Nations
Measures) Order 2006 (S.I. 2006/2657), |
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(c) |
the Terrorism (United Nations
Measures) Order 2009 (S.I. 2009/1747), |
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are
deemed to have been validly made under, and every provision of
those |
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Orders is deemed to be within
the power conferred by, section 1 of the United |
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(3) |
Accordingly, without prejudice
to the generality of subsection (2)— |
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(a) |
the directions made by the
Treasury under any of those Orders have |
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effect, and further directions
may be made; |
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(b) |
the licences granted by the
Treasury under any of those Orders have |
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effect, and further licences
may be granted; |
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(c) |
the prohibitions and obligations
imposed by those Orders have legal |
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force and criminal liability
may be incurred by a person who fails to |
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2 |
Protection
of things done or omitted in interim period |
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(1) |
The following provisions
have effect in relation to things done or omitted in the |
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period beginning with 4 February
2010 and ending with the coming into force |
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(2) |
Anything
done or omitted by a person other than the Treasury that would
be |
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valid, lawful or effectual
if— |
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(a) |
the Terrorism (United Nations
Measures) Order 2001 (S.I. 2001/3365), |
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(b) |
the Terrorism (United Nations
Measures) Order 2006 (S.I. 2006/2657), |
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(c) |
the Terrorism (United Nations
Measures) Order 2009 (S.I. 2009/1747), |
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had
been validly made under, and every provision of those Orders had
been |
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within the power conferred
by, section 1 of the United Nations Act 1946, is |
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deemed to be valid, lawful
or effectual as if those Orders had been so made and |
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every provision of them had
been within that power. |
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(3) |
Subsection (2) applies to
an act or omission notwithstanding that it is done or |
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omitted in reliance on or
in consequence of something done or omitted by the |
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Treasury (whether during
or before the period mentioned in subsection (1)). |
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(4) |
Nothing in this section
affects proceedings in respect of anything that is |
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susceptible to legal challenge
on a ground independent of the question |
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whether any of those Orders
was validly made under, or any of its provisions |
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was within the power conferred
by, section 1 of the United Nations Act 1946. |
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(5) |
This section does not— |
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(a) |
affect any liability of the
Treasury in respect of an act or omission that |
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would be unlawful if this
section had not been enacted; or |
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(b) |
give rise to any criminal
liability. |
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3 |
Short
title, commencement and extent |
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(1) |
This Act is the Terrorist
Asset-Freezing (Temporary Provisions) Act 2010. |
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(2) |
This Act comes into force
immediately it is passed. |
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(3) |
This Act extends to England
and Wales, Scotland and Northern Ireland. |
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