Terrorist Asset-Freezing etc. Bill [HL]

House of Commons

Session 2010 - 11
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Other Bills before Parliament

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).