|
| |
|
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 |
| |
| 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 |
| |
| 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) |
| |
| |
(2) | Part 2 of Schedule 2 (which contains repeals consequential on this Part) has |
| |
| 25 |
| |
| |
| |
| |
(1) | Subject as follows, this Act extends to England and Wales, Scotland and |
| 30 |
| |
(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 |
| |
| |
(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. |
| |
|
| |
|
| |
|
(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 |
| |
| |
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 |
| |
| |
(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 |
| |
| |
Commencement and short title |
| 15 |
| |
(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. |
| |
| 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 |
|
| |
|
| |
|
| |
| |
| |
| |
| |
| 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 |
| |
| |
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;”. |
| |
| 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 |
| |
| |
(c) | after rule 1(2)(a) insert— |
| 20 |
“(aa) | “the 2010 Act” means the Terrorist Asset-Freezing |
| |
| |
(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” |
| |
| 25 |
(i) | financial restrictions proceedings within |
| |
the meaning of section 65 of the 2008 Act; |
| |
| |
(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 |
| |
|
| |
|
| |
|
(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 |
| |
| 5 |
Civil Procedure Rules 1998 (S.I. 1998/3132) |
| |
5 | In Part 79 of the Civil Procedure Rules 1998 (proceedings under the Counter- |
| |
| |
(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, |
| |
| |
(c) | after rule 79.1(2)(a) insert— |
| |
“(aa) | “the 2010 Act” means the Terrorist Asset-Freezing |
| |
| 15 |
(d) | in rule 79.1(2)(b), after “the” insert “2008 Act or section 27 of the |
| |
| |
(e) | in rule 79.1(2)(c) for “has the same meaning as in section 65 of the |
| |
| |
(i) | financial restrictions proceedings within |
| 20 |
the meaning of section 65 of the 2008 Act; |
| |
| |
(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, |
| |
| 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, |
| |
| |
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 |
|
| |
|
| |
|
(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 |
| |
| |
| 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 |
| |
| 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 |
| |
| |
(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 |
|
| |
|
| |
|
(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 |
| |
| |
(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)”. |
| |
| |
| |
| 10 |
| |
| |
| | Extent of repeal or revocation |
| | | | Terrorism (United Nations |
| | | | | | | | 15 | | | | | | | Financial Services and Markets |
| | | | | | | | | | | | | | | | | | 20 | | Al-Qa’ida and Taliban (United |
| | | | | | | | | | | | | | | Terrorism (United Nations |
| | | | | | | | 25 | | | | | | | | | | | | Terrorism (United Nations |
| | | | | | | | | | | | | 30 | | | | | | | Serious Organised Crime and |
| | | | | Police Act 2005 (Powers of |
| | | | | | | | | | | | | 35 | | | | | | | Terrorism (United Nations |
| | | | | | | | | | | | | | | Money Laundering Regulations |
| In regulation 2(1), in the definition of “terrorist |
| | 40 | | | financing”, sub-paragraph (c). |
| | |
|
|
| |
|
| |
|
| | 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). |
| | | | | | | | | Counter-Terrorism Act 2008 |
| | | 5 | | | | | | | | 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 | | | | | | | Payment Services Regulations |
| In regulation 13(4)(d), the words from “article 7” |
| | | | | (where it first occurs) to “2006 or”. |
| | | | Terrorism (United Nations |
| | | | | | | | 15 | | | | | | | | | | | | Proceedings (UN Terrorism |
| | | | | | | | | | | | | 20 | | Terrorism (United Nations |
| | | | | | | | | | | | | | | | | | | | | | | 25 | | | | | | | (Temporary Provisions) Act |
| | | | | | | | |
|
|
| |
Terrorist financing, money laundering etc. |
| 30 |
| | | | | | Counter-Terrorism Act 2008 |
| | | | | | | | | | | (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 |
| | | | | | | | | | (d) | in paragraph 28, sub-paragraph (2) and, |
| | | | | in sub-paragraph (3), the words “or |
| | 40 | | | | | | | | (e) | in paragraph 39(2), paragraph (d). |
| | |
|
|
| |
|