Terrorist Asset-Freezing etc. Bill [HL]

House of Commons

Session 2010 - 11
Internet Publications
Other Bills before Parliament

Terrorist Asset-Freezing etc. Bill [HL]

Terrorist Asset-Freezing etc. Bill [HL]
Part 1 — Terrorist Asset-Freezing
Chapter 4 — Supplementary provisions
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Other
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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.
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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
2000.
(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.
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(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).
(6)
In this section—
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“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.
Chapter 4
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Supplementary provisions
Supervision of exercise of powers
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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,
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(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.
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(4)
The making of an appeal under this section does not suspend the effect of the
decision to which the appeal relates.

Terrorist Asset-Freezing etc. Bill [HL]
Part 1 — Terrorist Asset-Freezing
Chapter 4 — Supplementary provisions
13

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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
aside.
(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
judicial review.
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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—
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“(bc)
all proceedings—
(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
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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—
“(dc)
any proceedings—
(i)
on an appeal under section 26, or an application under
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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;”.
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(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—
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(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
application relates,

as they apply in relation to financial restrictions proceedings within the
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meaning of section 65 of that Act.

Terrorist Asset-Freezing etc. Bill [HL]
Part 1 — Terrorist Asset-Freezing
Chapter 4 — Supplementary provisions
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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
England and Wales—
(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
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Northern Ireland—
(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.
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(3)
Before making rules of court under this section, the Lord Chancellor must
consult—
(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
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Lord Chief Justice of Northern Ireland.
(4)
The Lord Chancellor is not required to undertake any other consultation before
making the rules.
(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.
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(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.
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(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,
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and
(b)
subsection (1) or (as the case may be) (2) applies as if the rules had not
been made.
(9)
The following provisions do not apply to rules of court made by the Lord
Chancellor under this section—
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(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
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which are required to be laid before Parliament) applies to any such rules

Terrorist Asset-Freezing etc. Bill [HL]
Part 1 — Terrorist Asset-Freezing
Chapter 4 — Supplementary provisions
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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
“section 3(2)”.
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(12)
In this section—
“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
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rules,
“rules of court” means rules for regulating the practice and procedure to
be followed in the High Court or the Court of Appeal.
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Treasury report on operation of Part 1
(1)
As soon as reasonably practicable after the end of each reporting period, the
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Treasury must—
(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—
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(a)
the period beginning when this Part comes into force and ending with
the next 31 March, and
(b)
each succeeding period of three months.
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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,
and
(b)
every subsequent twelve month period.
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(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
review.
(4)
On receiving a report under this section, the Treasury must lay a copy of it
before Parliament.
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(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.
Offences
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Penalties
(1)
A person guilty of an offence under section 11, 12, 13, 14, 15 or 18 is liable—
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Terrorist Asset-Freezing etc. Bill [HL]
Part 1 — Terrorist Asset-Freezing
Chapter 4 — Supplementary provisions
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(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
to both.
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
to both.
(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
Justice Act 2003);
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(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.
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(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.
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Extra-territorial application of offences
(1)
An offence under this Part may be committed by conduct wholly or partly
outside the United Kingdom by—
(a)
a UK national, or
(b)
a body incorporated or constituted under the law of any part of the
30
United Kingdom.
(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,
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or
(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.
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(4)
An Order under subsection (3) may name—
(a)
one or more of the Channel Islands,
(b)
the Isle of Man, or
(c)
one or more of the British overseas territories.
(5)
In this section “conduct” includes acts and omissions.
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Terrorist Asset-Freezing etc. Bill [HL]
Part 1 — Terrorist Asset-Freezing
Chapter 4 — Supplementary provisions
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(6)
Nothing in this section affects any criminal liability arising otherwise than
under this section.
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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;
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(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
member of the body;
(ii)
in any other case, to a member of the governing body.
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Jurisdiction to try offences
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(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
Kingdom, and
(b)
the offence may for all incidental purposes be treated as having been
committed at any such place.
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(2)
In the application of subsection (1) to Scotland, any such proceedings against a
person may be taken—
(a)
in any sheriff court district in which the person is apprehended or is in
custody, or
(b)
in such sheriff court district as the Lord Advocate may determine.
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(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-
Freezing etc. Act 2010.”
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

Terrorist Asset-Freezing etc. Bill [HL]
Part 1 — Terrorist Asset-Freezing
Chapter 4 — Supplementary provisions
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(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.
(2)
In Scotland—
(a)
proceedings for an offence under section 19(5) or 22 may be
5
commenced—
(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
knowledge, and
10
(ii)
not later than three years after the commission of the offence,
and
(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.
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(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
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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
General;
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
offence.
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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
body).
(3)
Proceedings in England and Wales or Northern Ireland for such an offence
must be brought in the name of the body.