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Terrorist Asset-Freezing etc. Bill [HL]


Terrorist Asset-Freezing etc. Bill [HL]
Part 3 — Final provisions

26

 

indirectly) to circumvent a requirement imposed by a direction

under this Schedule commits an offence.

      (2)  

A person guilty of an offence under this paragraph is liable—

(a)   

on summary conviction, to a fine not exceeding the statutory

maximum;

5

(b)   

on conviction on indictment, to imprisonment for a term not

exceeding two years or a fine or both.

      (3)  

A person who is convicted of an offence under this paragraph is not

liable to a penalty under paragraph 25A in respect of participation in

the same activities.”

10

Minor amendments and repeals

51      

Northern Ireland credit unions

(1)   

In paragraph 18(1) of Schedule 7 to the Counter-Terrorism Act 2008

(Department of Enterprise, Trade and Investment in Northern Ireland to be the

enforcement authority for credit unions in Northern Ireland)—

15

(a)   

at the end of paragraph (b) insert “or”, and

(b)   

omit paragraph (d) and the word “or” before it.

(2)   

In paragraph 39(2) of that Schedule (Department of Enterprise, Trade and

Investment in Northern Ireland to be the supervisory authority for credit

unions in Northern Ireland), omit paragraph (d).

20

52      

Consequential amendments and repeals

(1)   

Part 2 of Schedule 1 (which contains amendments consequential on this Part)

has effect.

(2)   

Part 2 of Schedule 2 (which contains repeals consequential on this Part) has

effect.

25

Part 3

Final provisions

Extent etc.

53      

Extent

(1)   

Subject as follows, this Act extends to England and Wales, Scotland and

30

Northern Ireland.

(2)   

Sections 54 and 56 (and this section and section 55 so far as relating to sections

54 and 56) also extend to the Channel Islands, the Isle of Man and the British

overseas territories.

(3)   

The amendments made by section 28(1) (amendment of Senior Courts Act

35

1981) and paragraph 5 of Schedule 1 (amendment of civil procedure rules:

England and Wales) extend to England and Wales only.

 
 

Terrorist Asset-Freezing etc. Bill [HL]
Part 3 — Final provisions

27

 

(4)   

The amendments made by paragraphs 1 to 4 of Schedule 1 (amendments of

rules of the Court of Judicature (Northern Ireland)) extend to Northern Ireland

only.

54      

Channel Islands, Isle of Man and British overseas territories

(1)   

Her Majesty may by Order in Council provide for any of the provisions of Part

5

1 (including Part 1 of Schedules 1 and 2) to extend, with or without

modifications, to any of the Channel Islands, the Isle of Man or any British

overseas territory.

(2)   

Sections 1 and 3 of the Terrorist Asset-Freezing (Temporary Provisions) Act

2010, so far as they have effect as part of the law of Guernsey, Jersey, the Isle of

10

Man and the territories listed in Schedule 1 to the Terrorism (United Nations

Measures) (Overseas Territories) Order 2001 (S.I. 2001/3366), have effect as if

the reference in section 1(1) of that Act to 31 December 2010 were a reference

to 31 March 2011.

Commencement and short title

15

55      

Commencement

(1)   

Subject to subsection (2), Parts 1 and 2 (including Schedules 1 and 2) come into

force on the day following that on which this Act is passed.

(2)   

Section 51 (and section 52, and Part 2 of Schedules 1 and 2, so far as relating to

section 51) come into force on such day as the Treasury may by order made by

20

statutory instrument appoint.

(3)   

An order under subsection (2) may include such transitional, transitory or

saving provision as the Treasury consider appropriate.

(4)   

This Part comes into force on the day on which this Act is passed.

56      

Short title

25

(1)   

This Act may be cited as the Terrorist Asset-Freezing etc. Act 2010.

(2)   

Nothing in this Act shall impose any charge on the people or on public

funds, or vary the amount or incidence of or otherwise alter any such charge

in any manner, or affect the assessment, levying, administration or

application of any money raised by any such charge.

30

 
 

28

Terrorist Asset-Freezing etc. Bill [HL]
Schedule 1 — Consequential amendments
Part 1 — Terrorist asset-freezing

 

Schedules

Schedule 1

Sections 45(1) and 52(1)

 

Consequential amendments

Part 1

Terrorist asset-freezing

5

Rules of the Court of Judicature (Northern Ireland) 1980 (S.R. 1980 No.346)

1          

The Rules of the Court of Judicature (Northern Ireland) 1980 are amended as

follows.

2          

In the Arrangement of Orders, in the entry relating to Order 116B, after

“2008” insert “and Part 1 of the Terrorist Asset-Freezing etc. Act 2010”.

10

3          

In Order 1, after rule 11(l) insert—

“(la)   

proceedings on an application under section 27 of the Terrorist

Asset-Freezing etc. Act 2010, or on a claim arising from any matter to

which such an application relates;”.

4          

In Order 116B—

15

(a)   

in the title of the Order, at the end insert “and Part 1 of the Terrorist

Asset-Freezing etc. Act 2010”,

(b)   

in rule 1(2)(a), after “the”, in the first place in which it appears, insert

“2008”,

(c)   

after rule 1(2)(a) insert—

20

“(aa)   

“the 2010 Act” means the Terrorist Asset-Freezing

etc. Act 2010;”,

(d)   

in rule 1(2)(b), after “the” insert “2008 Act or section 27 of the 2010”,

(e)   

in rule 1(2)(c) for “has the same meaning as in section 65 of the Act”

substitute “means—

25

(i)   

financial restrictions proceedings within

the meaning of section 65 of the 2008 Act;

and

(ii)   

proceedings in the High Court on an

application under section 27 of the 2010 Act,

30

or on a claim arising from any matter to

which such an application relates”,

(f)   

in rule 1(2)(h), for “Act” substitute “2008 Act (including that section

as applied by section 28(4) of the 2010 Act)”,

(g)   

in rule 4(3)(a)(ii), after “the”, in the first place in which it appears,

35

insert “2008”,

 

 

Terrorist Asset-Freezing etc. Bill [HL]
Schedule 1 — Consequential amendments
Part 1 — Terrorist asset-freezing

29

 

(h)   

in rule 5(1) after “2008”, insert “, or section 27 of the Terrorist Asset-

Freezing etc. Act 2010, as the case may be,”,

(i)   

in rule 36(1), after “the” insert “2008”, and

(j)   

in rule 36(2), after “the” in the second place in which it appears, insert

“2008”.

5

Civil Procedure Rules 1998 (S.I. 1998/3132)

5          

In Part 79 of the Civil Procedure Rules 1998 (proceedings under the Counter-

Terrorism Act 2008)—

(a)   

in the title of Part 79, at the end insert “and Part 1 of the Terrorist

Asset-Freezing etc. Act 2010”,

10

(b)   

in rule 79.1(2)(a), after “the”, in the first place in which it appears,

insert “2008”,

(c)   

after rule 79.1(2)(a) insert—

“(aa)   

“the 2010 Act” means the Terrorist Asset-Freezing

etc. Act 2010;”,

15

(d)   

in rule 79.1(2)(b), after “the” insert “2008 Act or section 27 of the

2010”,

(e)   

in rule 79.1(2)(c) for “has the same meaning as in section 65 of the

Act” substitute “means—

(i)   

financial restrictions proceedings within

20

the meaning of section 65 of the 2008 Act;

and

(ii)   

proceedings in the High Court on an

application under section 27 of the 2010 Act,

or on a claim arising from any matter to

25

which such an application relates”,

(f)   

in rule 79.1(2)(h), for “Act” substitute “2008 Act (including that

section as applied by section 28(4) of the 2010 Act)”,

(g)   

in rule 79.6(3)(a)(ii), after “the”, in the first place in which it appears,

insert “2008”,

30

(h)   

in rule 79.31(1), after “the” insert “2008”, and

(i)   

in rule 79.31(2), after “the” in the second place in which it appears,

insert “2008”.

Money Laundering Regulations 2007 (S.I. 2007/2157)

6          

In regulation 2(1) of the Money Laundering Regulations 2007

35

(interpretation), in the definition of “terrorist financing”—

(a)   

omit sub-paragraph (c), and

(b)   

for sub-paragraph (e) substitute—

“(e)   

section 11, 12, 13, 14, 15 or 18 of the Terrorist Asset-

Freezing etc. Act 2010 (offences relating to the

40

freezing of funds etc. of designated persons);”.

Transfer of Funds (Information on the Payer) Regulations 2007 (S.I. 2007/3298)

7          

In regulation 2(1) of the Transfer of Funds (Information on the Payer)

Regulations 2007 (interpretation), in the definition of “terrorist financing”—

(a)   

omit sub-paragraph (c), and

45

 
 

Terrorist Asset-Freezing etc. Bill [HL]
Schedule 1 — Consequential amendments
Part 2 — Terrorist financing, money laundering etc.

30

 

(b)   

for sub-paragraph (e) substitute—

“(e)   

section 11, 12, 13, 14, 15 or 18 of the Terrorist Asset-

Freezing etc. Act 2010 (offences relating to the

freezing of funds etc. of designated persons).”

Payment Services Regulations 2009 (S.I. 2009/209)

5

8          

In regulation 13(4) of the Payment Services Regulations 2009 (conditions for

registration as a small payment institution)—

(a)   

in sub-paragraph (d) omit the words from “article 7” (where it first

occurs) to “2006 or”, and

(b)   

for sub-paragraph (da) substitute—

10

“(da)   

an offence under section 11, 12, 13, 14, 15 or 18 of the

Terrorist Asset-Freezing etc. Act 2010 (offences

relating to the freezing of funds etc. of designated

persons);”.

Part 2

15

Terrorist financing, money laundering etc.

Amendment relating to section 48: branches

9          

In paragraph 46 of Schedule 7 to the Counter-Terrorism Act 2008 (terrorist

financing and money laundering etc: index of defined expressions), in the

table—

20

(a)   

in the entry for “credit institution”, after “5(1)” insert “and (3)”, and

(b)   

in the entry for “financial institution”, after “5(2)” insert “and (3)”.

Amendments relating to section 50: circumvention

10    (1)  

In paragraph 26(1) of Schedule 7 to the Counter-Terrorism Act 2008

(imposition of penalty by HMRC) after “25” insert “or 25A”.

25

      (2)  

In paragraph 27 of that Schedule (imposition of penalty by other

enforcement authority)—

(a)   

in sub-paragraph (1) after “25” insert “or 25A”, and

(b)   

in sub-paragraph (3) after “25” insert “or (as the case may be) 25A”.

      (3)  

In paragraph 29(1) of that Schedule (payment and recovery of civil penalties)

30

after “25” insert “or 25A”.

      (4)  

In paragraph 41(2) of that Schedule (application of civil penalties by

Financial Services Authority) after “25” insert “or 25A”.

Amendments relating to section 51: Northern Ireland credit unions

11    (1)  

In paragraph 18(2) of Schedule 7 to the Counter-Terrorism Act 2008

35

(definition of “enforcement officer”) omit paragraph (d) (but not the word

“or” at the end of the paragraph).

      (2)  

In paragraph 18(3)(b) of that Schedule (definition of “local enforcement

officer” in Northern Ireland) for “DETINI” substitute “the Department of

Enterprise, Trade and Investment in Northern Ireland (“DETINI”)”.

40

 
 

Terrorist Asset-Freezing etc. Bill [HL]
Schedule 2 — Repeals and revocations
Part 1 — Terrorist asset-freezing

31

 

      (3)  

In paragraph 27(1) of that Schedule (imposition of penalty by enforcement

authority) for “, the OFT or DETINI” substitute “or the OFT”.

      (4)  

In paragraph 28 of that Schedule (appeal against imposition of certain civil

penalties)—

(a)   

omit sub-paragraph (2), and

5

(b)   

in sub-paragraph (3) omit “or court”.

      (5)  

In paragraph 46 of that Schedule (index of defined expressions), in the entry

for DETINI, for “paragraph 18(1)(d)” substitute “paragraph 18(3)(b)”.

Schedule 2

Sections 45(2) and 52(2)

 

Repeals and revocations

10

Part 1

Terrorist asset-freezing

 

Reference

Extent of repeal or revocation

 
 

Terrorism (United Nations

The whole instrument.

 
 

Measures) Order 2001

  

15

 

(S.I. 2001/3365)

  
 

Financial Services and Markets

Article 2.

 
 

Act 2000 (Consequential

  
 

Amendments) (No.2) Order

  
 

2001 (S.I. 2001/3801)

  

20

 

Al-Qa’ida and Taliban (United

Article 1(6).

 
 

Nations Measures) Order

  
 

2002 (S.I. 2002/111)

  
 

Terrorism (United Nations

The whole instrument.

 
 

Measures) Order 2001

  

25

 

(Amendment) Regulations

  
 

2003 (S.I. 2003/1297)

  
 

Terrorism (United Nations

The whole instrument.

 
 

Measures) Order 2001

  
 

(Amendment) Regulations

  

30

 

2005 (S.I. 2005/1525)

  
 

Serious Organised Crime and

Article 15.

 
 

Police Act 2005 (Powers of

  
 

Arrest) (Consequential

  
 

Amendments) Order 2005

  

35

 

(S.I. 2005/3389)

  
 

Terrorism (United Nations

The whole instrument.

 
 

Measures) Order 2006

  
 

(S.I. 2006/2657)

  
 

Money Laundering Regulations

In regulation 2(1), in the definition of “terrorist

 

40

 

2007 (S.I. 2007/2157)

financing”, sub-paragraph (c).

 
 
 

Terrorist Asset-Freezing etc. Bill [HL]
Schedule 2 — Repeals and revocations
Part 2 — Terrorist financing, money laundering etc.

32

 
 

Reference

Extent of repeal or revocation

 
 

Transfer of Funds (Information

In regulation 2(1), in the definition of “terrorist

 
 

on the Payer) Regulations

financing”, sub-paragraph (c).

 
 

(S.I. 2007/3298)

  
 

Counter-Terrorism Act 2008

Section 64(1)(e).

 

5

  

Section 75(2)(d).

 
  

In Part 4 of Schedule 9, the entries relating to—

 
  

(a)   

the Terrorism (United Nations

 
  

Measures) Order 2001, and

 
  

(b)   

the Terrorism (United Nations

 

10

  

Measures) Order 2006.

 
 

Payment Services Regulations

In regulation 13(4)(d), the words from “article 7”

 
 

2009 (S.I. 2009/209)

(where it first occurs) to “2006 or”.

 
 

Terrorism (United Nations

The whole instrument.

 
 

Measures) Order 2009

  

15

 

(S.I. 2009/1747)

  
 

Financial Restrictions

The whole instrument.

 
 

Proceedings (UN Terrorism

  
 

Orders) Order 2009

  
 

(S.I. 2009/1911)

  

20

 

Terrorism (United Nations

Regulation 4.

 
 

Measures) Order

  
 

(Consequential

  
 

Amendments) Regulations

  
 

2009 (S.I. 2009/1912)

  

25

 

Terrorist Asset-Freezing

The whole Act.

 
 

(Temporary Provisions) Act

  
 

2010

  
 

Part 2

Terrorist financing, money laundering etc.

30

 

Reference

Extent of repeal

 
 

Counter-Terrorism Act 2008

In Schedule 7—

 
  

(a)   

paragraph 5(2)(f),

 
  

(b)   

in paragraph 18(1), paragraph (d) and

 
  

the word “or” before the paragraph,

 

35

  

(c)   

in paragraph 18(2), paragraph (d) (but

 
  

not the word “or” at the end of the

 
  

paragraph),

 
  

(d)   

in paragraph 28, sub-paragraph (2) and,

 
  

in sub-paragraph (3), the words “or

 

40

  

court”, and

 
  

(e)   

in paragraph 39(2), paragraph (d).

 
 
 

 
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