|
| |
|
| |
24 | Co-operation with UK or international investigations |
| |
The Treasury must take such steps as they consider appropriate to co-operate |
| |
with any investigation, in the United Kingdom or elsewhere, relating to the |
| |
funds, economic resources or financial transactions of a designated person. |
| 5 |
25 | Application of provisions |
| |
(1) | Nothing done under this Chapter is to be treated as a breach of any restriction |
| |
imposed by statute or otherwise. |
| |
(2) | But nothing in this Chapter authorises a disclosure that— |
| |
(a) | contravenes the Data Protection Act 1998, or |
| 10 |
(b) | is prohibited by Part 1 of the Regulation of Investigatory Powers Act |
| |
| |
(3) | Nothing in this Chapter is to be read as requiring a person who has acted as |
| |
counsel or solicitor for any person to disclose any privileged information in |
| |
their possession in that capacity. |
| 15 |
(4) | This Chapter does not limit the circumstances in which information may be |
| |
disclosed apart from this Chapter. |
| |
(5) | This Chapter does not limit the powers of the Treasury to impose conditions in |
| |
connection with the discharge of their functions under section 17 (licences). |
| |
| 20 |
“information” includes documents; |
| |
“privileged information” means information with respect to which a |
| |
claim to legal professional privilege (in Scotland, to confidentiality of |
| |
communications) could be maintained in legal proceedings. |
| |
| 25 |
| |
Supervision of exercise of powers |
| |
26 | Appeal to the court in relation to designations |
| |
(1) | This section applies to any decision of the Treasury— |
| |
(a) | to make or vary an interim or final designation of a person, |
| 30 |
(b) | to renew a final designation of a person, or |
| |
(c) | not to vary or revoke an interim or final designation of a person. |
| |
(2) | The designated person concerned may appeal against any such decision to the |
| |
High Court or, in Scotland, the Court of Session. |
| |
(3) | On such an appeal, the court may make such order as it considers appropriate. |
| 35 |
(4) | The making of an appeal under this section does not suspend the effect of the |
| |
decision to which the appeal relates. |
| |
|
| |
|
| |
|
27 | Review of other decisions by the court |
| |
(1) | This section applies to any decision of the Treasury in connection with their |
| |
functions under this Part other than a decision to which section 26 applies |
| |
(appeal to the court in relation to designations). |
| |
(2) | Any person affected by a decision to which this section applies may apply to |
| 5 |
the High Court or, in Scotland, the Court of Session, for the decision to be set |
| |
| |
(3) | In determining whether the decision should be set aside, the court must apply |
| |
the principles applicable on an application for judicial review. |
| |
(4) | If the court decides that a decision should be set aside it may make any such |
| 10 |
order, or give any such relief, as may be made or given in proceedings for |
| |
| |
28 | Appeals and reviews: supplementary |
| |
(1) | In paragraph 2 of Schedule 1 to the Senior Courts Act 1981 (business allocated |
| |
to the Queen’s Bench Division), after paragraph (bb) insert— |
| 15 |
| |
(i) | on an appeal under section 26, or an application |
| |
under section 27, of the Terrorist Asset-Freezing etc. |
| |
Act 2010 (appeals and reviews by the court), or |
| |
(ii) | on a claim arising from any matter to which such an |
| 20 |
appeal or application relates;”. |
| |
(2) | In section 18(1) of the Regulation of Investigatory Powers Act 2000 (exceptions |
| |
to exclusion of intercept evidence), after paragraph (db) insert— |
| |
| |
(i) | on an appeal under section 26, or an application under |
| 25 |
section 27, of the Terrorist Asset-Freezing etc. Act 2010 |
| |
(appeals and reviews by the court), or |
| |
(ii) | on a claim arising from any matter to which such an |
| |
appeal or application relates, |
| |
| or any proceedings arising out of such proceedings;”. |
| 30 |
(3) | In section 18(2)(zb) of that Act (persons to whom disclosure not to be made) |
| |
after “paragraph (db)” insert “or (dc)”. |
| |
(4) | The provisions of sections 66 to 68 of the Counter-Terrorism Act 2008 |
| |
(supplementary provisions relating to rules of court and special advocates) |
| |
apply in relation to proceedings— |
| 35 |
(a) | on an appeal under section 26 or an application under section 27 |
| |
(appeals and reviews by the court), or |
| |
(b) | on a claim arising from any matter to which such an appeal or |
| |
| |
| as they apply in relation to financial restrictions proceedings within the |
| 40 |
meaning of section 65 of that Act. |
| |
|
| |
|
| |
|
29 | Initial exercise of powers to make rules of court |
| |
(1) | The first time after the passing of this Act that rules of court are made in |
| |
exercise of the powers conferred by section 28(4) in relation to proceedings in |
| |
| |
(a) | on an appeal under section 26, or |
| 5 |
(b) | on a claim arising from any matter to which such an appeal relates, |
| |
| those rules (together with any related rules of court) may be made by the Lord |
| |
Chancellor instead of by the person who would otherwise make them. |
| |
(2) | The first time after the passing of this Act that rules of court are made in |
| |
exercise of the powers conferred by section 28(4) in relation to proceedings in |
| 10 |
| |
(a) | on an appeal under section 26, or |
| |
(b) | on a claim arising from any matter to which such an appeal relates, |
| |
| those rules (together with any related rules of court) may be made by the Lord |
| |
Chancellor instead of by the person who would otherwise make them. |
| 15 |
(3) | Before making rules of court under this section, the Lord Chancellor must |
| |
| |
(a) | in relation to rules applicable to proceedings in England and Wales, the |
| |
Lord Chief Justice of England and Wales; |
| |
(b) | in relation to rules applicable to proceedings in Northern Ireland, the |
| 20 |
Lord Chief Justice of Northern Ireland. |
| |
(4) | The Lord Chancellor is not required to undertake any other consultation before |
| |
| |
(5) | The requirements of subsection (3)(a) and (b) may be satisfied by consultation |
| |
that took place wholly or partly before the passing of this Act. |
| 25 |
(6) | Rules of court made by the Lord Chancellor under this section— |
| |
(a) | must be laid before Parliament, and |
| |
(b) | if not approved by a resolution of each House before the end of 40 days |
| |
beginning with the day on which they were made, cease to have effect |
| |
at the end of that period. |
| 30 |
(7) | In reckoning the period of 40 days no account is to be taken of any time during |
| |
which Parliament is dissolved or prorogued or during which both Houses are |
| |
adjourned for more than four days. |
| |
(8) | If rules cease to have effect in accordance with subsection (6)(b)— |
| |
(a) | that does not affect anything previously done in reliance on the rules, |
| 35 |
| |
(b) | subsection (1) or (as the case may be) (2) applies as if the rules had not |
| |
| |
(9) | The following provisions do not apply to rules of court made by the Lord |
| |
Chancellor under this section— |
| 40 |
(a) | section 3(6) of the Civil Procedure Act 1997 (Parliamentary procedure |
| |
for civil procedure rules); |
| |
(b) | section 56(1), (2) and (4) of the Judicature (Northern Ireland) Act 1978 |
| |
(statutory rules procedure). |
| |
(10) | But section 4(1) of the Statutory Instruments Act 1946 (statutory instruments |
| 45 |
which are required to be laid before Parliament) applies to any such rules |
| |
|
| |
|
| |
|
applicable to proceedings in Northern Ireland as it applies to a statutory |
| |
instrument which is required to be laid before Parliament after being made. |
| |
(11) | Until section 85 of the Courts Act 2003 (process for making civil procedure |
| |
rules) comes into force, in subsection (9)(a) above, for “section 3(6)” substitute |
| |
| 5 |
| |
“related rules of court” means rules of court that— |
| |
(a) | are contained in the same instrument as the rules mentioned in |
| |
subsection (1) or (as the case may be) (2), and |
| |
(b) | relate specifically to the same kind of proceedings as those |
| 10 |
| |
“rules of court” means rules for regulating the practice and procedure to |
| |
be followed in the High Court or the Court of Appeal. |
| |
30 | Treasury report on operation of Part 1 |
| |
(1) | As soon as reasonably practicable after the end of each reporting period, the |
| 15 |
| |
(a) | prepare a report about the exercise during that period of the powers |
| |
conferred on them by this Part, and |
| |
(b) | lay a copy of the report before Parliament. |
| |
(2) | The reporting periods are— |
| 20 |
(a) | the period beginning when this Part comes into force and ending with |
| |
| |
(b) | each succeeding period of three months. |
| |
31 | Independent review of operation of Part 1 |
| |
(1) | The Treasury must appoint a person to review the operation of this Part. |
| 25 |
(2) | The person appointed under subsection (1) must carry out a review of the |
| |
operation of this Part as soon as reasonably practicable after the end of— |
| |
(a) | the period of nine months beginning when this Part comes into force, |
| |
| |
(b) | every subsequent twelve month period. |
| 30 |
(3) | The person who conducts a review under this section must send the Treasury |
| |
a report on its outcome as soon as reasonably practicable after completing the |
| |
| |
(4) | On receiving a report under this section, the Treasury must lay a copy of it |
| |
| 35 |
(5) | The Treasury may pay the expenses of a person who conducts a review under |
| |
this section and also such allowances as the Treasury determine. |
| |
| |
| |
(1) | A person guilty of an offence under section 11, 12, 13, 14, 15 or 18 is liable— |
| 40 |
|
| |
|
| |
|
(a) | on conviction on indictment, to imprisonment for a term not exceeding |
| |
seven years or to a fine or to both; |
| |
(b) | on summary conviction, to imprisonment for a term not exceeding the |
| |
relevant maximum or to a fine not exceeding the statutory maximum or |
| |
| 5 |
(2) | A person guilty of an offence under section 10 or 17 is liable— |
| |
(a) | on conviction on indictment, to imprisonment for a term not exceeding |
| |
two years or to a fine or to both; |
| |
(b) | on summary conviction, to imprisonment for a term not exceeding the |
| |
relevant maximum or to a fine not exceeding the statutory maximum or |
| 10 |
| |
(3) | For the purposes of subsections (1)(b) and (2)(b) “the relevant maximum” is— |
| |
(a) | in England and Wales, 12 months (or 6 months, if the offence was |
| |
committed before the commencement of section 154(1) of the Criminal |
| |
| 15 |
(b) | in Scotland, 12 months; |
| |
(c) | in Northern Ireland, 6 months. |
| |
(4) | A person guilty of an offence under section 19(5) or 22 is liable on summary |
| |
conviction to imprisonment for a term not exceeding the relevant maximum or |
| |
to a fine not exceeding level 5 on the standard scale or to both. |
| 20 |
(5) | For the purposes of subsection (4) “the relevant maximum” is— |
| |
(a) | in England and Wales, 51 weeks (or 6 months, if the offence was |
| |
committed before the commencement of section 281(4) and (5) of the |
| |
Criminal Justice Act 2003); |
| |
(b) | in Scotland or Northern Ireland, 6 months. |
| 25 |
33 | Extra-territorial application of offences |
| |
(1) | An offence under this Part may be committed by conduct wholly or partly |
| |
outside the United Kingdom by— |
| |
| |
(b) | a body incorporated or constituted under the law of any part of the |
| 30 |
| |
(2) | In subsection (1) “UK national” means— |
| |
(a) | a British citizen, a British overseas territories citizen, a British National |
| |
(Overseas) or a British Overseas citizen, |
| |
(b) | a person who under the British Nationality Act 1981 is a British subject, |
| 35 |
| |
(c) | a British protected person within the meaning of that Act. |
| |
(3) | Her Majesty may by Order in Council provide for this section to have effect as |
| |
if the list of persons in subsection (1) included a body incorporated or |
| |
constituted under the law of any territory named in the Order. |
| 40 |
(4) | An Order under subsection (3) may name— |
| |
(a) | one or more of the Channel Islands, |
| |
| |
(c) | one or more of the British overseas territories. |
| |
(5) | In this section “conduct” includes acts and omissions. |
| 45 |
|
| |
|
| |
|
(6) | Nothing in this section affects any criminal liability arising otherwise than |
| |
| |
34 | Liability of officers of body corporate etc. |
| |
(1) | Where an offence under this Part committed by a body corporate— |
| |
(a) | is committed with the consent or connivance of any director, manager, |
| 5 |
secretary or other similar officer of the body corporate, or any person |
| |
who was purporting to act in any such capacity, or |
| |
(b) | is attributable to any neglect on the part of any such person, |
| |
| that person as well as the body corporate is guilty of the offence and is liable to |
| |
be proceeded against and punished accordingly. |
| 10 |
(2) | In subsection (1) “director”, in relation to a body corporate whose affairs are |
| |
managed by its members, means a member of the body corporate. |
| |
(3) | Subsection (1) also applies in relation to a body that is not a body corporate, |
| |
with the substitution for the reference to a director of the body of a reference— |
| |
(a) | in the case of a partnership, to a partner; |
| 15 |
(b) | in the case of an unincorporated body other than a partnership— |
| |
(i) | where the body’s affairs are managed by its members, to a |
| |
| |
(ii) | in any other case, to a member of the governing body. |
| |
35 | Jurisdiction to try offences |
| 20 |
(1) | Where an offence under this Part is committed outside the United Kingdom— |
| |
(a) | proceedings for the offence may be taken at any place in the United |
| |
| |
(b) | the offence may for all incidental purposes be treated as having been |
| |
committed at any such place. |
| 25 |
(2) | In the application of subsection (1) to Scotland, any such proceedings against a |
| |
| |
(a) | in any sheriff court district in which the person is apprehended or is in |
| |
| |
(b) | in such sheriff court district as the Lord Advocate may determine. |
| 30 |
(3) | In subsection (2) “sheriff court district” is to be read in accordance with the |
| |
Criminal Procedure (Scotland) Act 1995 (see section 307(1) of that Act). |
| |
(4) | In section 28(2) of the Counter-Terrorism Act 2008 (jurisdiction to try offences |
| |
committed in another part of the UK: offences to which the section applies), |
| |
after paragraph (c) insert— |
| 35 |
“(d) | an offence under any provision of Part 1 of the Terrorist Asset- |
| |
| |
36 | Time limit for proceedings for summary offences |
| |
(1) | In England and Wales an information relating to an offence under section 19(5) |
| |
or 22 may be tried by a magistrates’ court if it is laid— |
| 40 |
(a) | at any time within three years after the commission of the offence, and |
| |
|
| |
|
| |
|
(b) | within twelve months after the date on which evidence sufficient in the |
| |
opinion of the prosecutor to justify the proceedings comes to the |
| |
knowledge of the prosecutor. |
| |
| |
(a) | proceedings for an offence under section 19(5) or 22 may be |
| 5 |
| |
(i) | before the end of the period of twelve months from the date on |
| |
which evidence sufficient in the Lord Advocate’s opinion to |
| |
justify the proceedings came to the Lord Advocate’s |
| |
| 10 |
(ii) | not later than three years after the commission of the offence, |
| |
| |
(b) | section 136(3) of the Criminal Procedure (Scotland) Act 1995 (date |
| |
when proceedings deemed to be commenced) applies for the purposes |
| |
of this subsection as for the purposes of that section. |
| 15 |
(3) | In Northern Ireland a magistrates’ court has jurisdiction to hear and determine |
| |
a complaint charging the commission of an offence under section 19(5) or 22 |
| |
provided that the complaint is made— |
| |
(a) | at any time within three years after the commission of the offence, and |
| |
(b) | within twelve months after the date on which evidence sufficient in the |
| 20 |
opinion of the prosecutor to justify the proceedings comes to the |
| |
knowledge of the prosecutor. |
| |
(4) | For the purposes of this section a certificate of the prosecutor (or, in Scotland, |
| |
the Lord Advocate) as to the date on which such evidence as is referred to |
| |
above came to their notice is conclusive evidence. |
| 25 |
37 | Consent to prosecution |
| |
(1) | Proceedings for an offence under this Part (other than an offence under section |
| |
19(5) or 22) may not be instituted— |
| |
(a) | in England and Wales, except by or with the consent of the Attorney |
| |
| 30 |
(b) | in Northern Ireland, except by or with the consent of the Advocate |
| |
General for Northern Ireland. |
| |
(2) | Nothing in subsection (1) prevents— |
| |
(a) | the arrest of a person in respect of an offence under this Part, or |
| |
(b) | the remand in custody or on bail of a person charged with such an |
| 35 |
| |
38 | Procedure for offences by unincorporated bodies |
| |
(1) | A fine imposed on an unincorporated body on its conviction of an offence |
| |
under this Part must be paid out of the funds of the body. |
| |
(2) | Subsections (3) to (6) apply if it is alleged that an offence under this Part has |
| 40 |
been committed by an unincorporated body (as opposed to by a member of the |
| |
| |
(3) | Proceedings in England and Wales or Northern Ireland for such an offence |
| |
must be brought in the name of the body. |
| |
|
| |
|