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Notices of Amendments: 19 November 2010                  

24

 

Terrorist Asset-Freezing etc. Bill [Lords] continued

 
 

‘( )    

Appointment under subsection (1) shall be for a non-renewable term of five

 

years.’.

 


 

Dr Julian Huppert

 

37

 

Clause  32,  page  16,  line  6,  leave out ‘10 or’.

 


 

Dr Julian Huppert

 

38

 

Clause  42,  page  21,  line  37,  at end insert—

 


 

‘“organisation” includes any association or combination of persons;’.

 

Dr Julian Huppert

 

39

 

Clause  42,  page  21,  line  37,  at end insert—

 


 

‘“Terrorism” has the same meaning as in The Terrorism Act 2000 (see section 1(1) to (4)

 

of that Act);’.

 

Dr Julian Huppert

 

40

 

Clause  42,  page  21,  line  38,  at end insert—

 

                                 ‘“the court”—

 

(a)    

in relation to proceedings relating to a designation in the case of which

 

the designated person is a person whose principal place of residence is in

 

Scotland, means the Outer House of the Court of Session;

 

(b)    

in relation to proceedings relating to a designation in the case of which

 

the designated person is a person whose principal place of residence is in

 

Northern Ireland, means the High Court in Northern Ireland; and

 

(c)    

in any other case, means the High Court in England and Wales;’.

 


 

Mark Hoban

 

41

 

Clause  56,  page  27,  line  27,  leave out subsection (2).

 



 
 

Notices of Amendments: 19 November 2010                  

25

 

Terrorist Asset-Freezing etc. Bill [Lords] continued

 
 

New ClAUSES

 

Court’s power to make pre-arrest designations

 

Dr Julian Huppert

 

NC1

 

To move the following Clause:—

 

‘(1)    

A court may make a designation of an individual for the purposes of this Part if—

 

(a)    

the Treasury has made an application for designation of the individual;

 

(b)    

an arrest warrant has been issued against the individual in respect of a

 

terrorism offence but the individual has not yet been arrested; and

 

(c)    

the court considers that it is necessary for purposes connected with

 

protecting members of the public from terrorism that financial

 

restrictions should be applied in relation to the individual.

 

(2)    

For this purpose a “terrorism offence” means any one or more of the following—

 

(a)    

an offence for the time being listed in section 41(1) of the Counter-

 

Terrorism Act 2008;

 

(b)    

an offence for the time being listed in Schedule 2 of the Counter-

 

Terrorism Act 2008 that has a terrorist connection.

 

(3)    

For the purposes of this Part an offence has a terrorist connection if the offence—

 

(a)    

is, or takes place in the course of, an act of terrorism, or

 

(b)    

is committed for the purposes of terrorism.’.

 


 

Notice of pre-arrest designation

 

Dr Julian Huppert

 

NC2

 

To move the following Clause:—

 

‘(1)    

The hearing of an application under section 2 may take place in the absence of the

 

individual in question and without the individual having been notified of the

 

application.

 

(2)    

Where a designation is made under section 2 the Treasury must give written

 

notice of the designation to the designated individual unless the court considers

 

the disclosure of the designation should be restricted for reasons connected with

 

the prevention or detection of serious crime or the apprehension of the

 

individual.’.

 


 

Duration of pre-arrest designation

 

Dr Julian Huppert

 

NC3

 

To move the following Clause:—


 
 

Notices of Amendments: 19 November 2010                  

26

 

Terrorist Asset-Freezing etc. Bill [Lords] continued

 
 

‘(1)    

A designation made under section 2 or renewed under subsection (2) expires—

 

(a)    

7 days beginning with the date on which it was made or renewed, or

 

(b)    

on the making of a designation under section 6 in relation to the same

 

individual,

 

whichever is the earlier.

 

(2)    

The court may renew a designation made under section 2 at any time before it

 

expires if—

 

(a)    

the requirements in section 2(1) continue to be met, and

 

(b)    

the court is satisfied that reasonable steps have been taken to execute the

 

arrest warrant.’.

 


 

Court’s power to designate organisations

 

Dr Julian Huppert

 

NC4

 

To move the following Clause:—

 

‘(1)    

The court may designate an organisation for the purpose of this Part if—

 

(a)    

the Treasury has made an application for designation of the organisation;

 

(b)    

the court reasonably believes the organisation is concerned in terrorism;

 

and

 

(c)    

the court considers that it is necessary for purposes connected with

 

protecting members of the public from terrorism that financial

 

restrictions should be applied in relation to the organisation.

 

(2)    

For the purposes of subsection (1) an organisation is concerned in terrorism if it—

 

(a)    

commits or participates in acts of terrorism,

 

(b)    

prepares for terrorism,

 

(c)    

is otherwise concerned in terrorism.’.

 


 

Court’s power to make designations against individuals

 

Dr Julian Huppert

 

NC5

 

To move the following Clause:—

 

‘(1)    

A court may make a designation of an individual for the purposes of this Part if

 

the Treasury has made an application for designation of the individual and the

 

following two conditions are met.

 

(2)    

The first condition is that—

 

(a)    

the individual has been arrested for a terrorism offence but proceedings

 

for the offence have not yet been started against the individual;

 

(b)    

the individual has been charged with a terrorism offence but proceedings

 

have not been concluded against the individual; or

 

(c)    

the individual has been convicted of a terrorism offence.


 
 

Notices of Amendments: 19 November 2010                  

27

 

Terrorist Asset-Freezing etc. Bill [Lords] continued

 
 

(3)    

The second condition is that the court considers that it is necessary for purposes

 

connected with protecting members of the public from terrorism that financial

 

restrictions should be applied in relation to the individual.

 

(4)    

For this purpose a “terrorism offence” means any one or more of the following—

 

(a)    

an offence for the time being listed in section 41(1) of the Counter-

 

Terrorism Act 2008;

 

(b)    

an offence for the time being listed in Schedule 2 of the Counter-

 

Terrorism Act 2008 that has a terrorist connection; or

 

(c)    

conduct committed outside the United Kingdom which would, if carried

 

out in any part of the United Kingdom, have constituted an offence as

 

described in paragraphs (a) and (b).

 

(5)    

For the purposes of this Part an offence has a terrorist connection if the offence—

 

(a)    

is, or takes place in the course of, an act of terrorism, or

 

(b)    

is committed for the purposes of terrorism.’.

 


 

Notice of application for designation

 

Dr Julian Huppert

 

NC6

 

To move the following Clause:—

 

‘(1)    

If an application under section 5 or 6 is made without the respondent being given

 

notice the court must either—

 

(a)    

dismiss the application, or

 

(b)    

adjourn the proceedings.

 

(2)    

If the court adjourns the proceedings—

 

(a)    

it may make an interim designation if it thinks it necessary to do so; and

 

(b)    

the interim designation continues in effect until the full hearing of the

 

application.

 

(3)    

In this section “full hearing” means a hearing of which notice has been given to

 

the respondent in accordance with rules of court.

 

(4)    

An interim designation is to be treated as a designation for the purposes of this

 

Part.’.

 


 

Duration of designation

 

Dr Julian Huppert

 

NC7

 

To move the following Clause:—

 

‘(1)    

A designation made under section 5 (organisations) expires at the end of the

 

period of one year beginning with the date on which it was made, unless renewed.

 

(2)    

A designation made under section 6 (individuals) expires—

 

(a)    

in the case of designation of an individual arrested for a terrorism offence

 

where proceedings had not yet started—


 
 

Notices of Amendments: 19 November 2010                  

28

 

Terrorist Asset-Freezing etc. Bill [Lords] continued

 
 

(i)    

at such time as the court determines;

 

(ii)    

two weeks after the proceedings for the terrorism offence for

 

which the individual was arrested have started; or

 

(iii)    

2 months from the date the individual was arrested;

 

    

whichever is sooner;

 

(b)    

in the case of an individual who has been charged with a terrorism

 

offence but proceedings have not been concluded, at the conclusion or

 

discontinuation of the proceedings or at such earlier time as the court

 

determines;

 

(c)    

in the case of an individual convicted of a terrorism offence, at such time

 

as the court determines.

 

(3)    

The court may renew a designation made under section 5 or 6 at any time before

 

it expires, if the requirements in section 5 and 6 continue to be met.

 

(4)    

A renewed designation is to be treated in the same way as a designation and

 

expires in accordance with subsection (1) or (2).

 

(5)    

Where a designation expires the Treasury must give written notice of that fact to

 

the designated individual or organisation.’.

 


 

Variation or revocation of designation

 

Dr Julian Huppert

 

NC8

 

To move the following Clause:—

 

‘The court may vary or revoke a designation made under this Part if—

 

(a)    

the Treasury or a designated person make an application to vary or

 

revoke the designation; and

 

(b)    

the court considers it is appropriate to vary or revoke the designation.’.

 


 

Rules of court on notification

 

Dr Julian Huppert

 

NC9

 

To move the following Clause:—

 

‘Rules of court relating to designations made under this Part must secure that the

 

Treasury must publicise the designation where the court considers it necessary

 

and appropriate to do so.’.

 



 
 

Notices of Amendments: 19 November 2010                  

29

 

Terrorist Asset-Freezing etc. Bill [Lords] continued

 
 

Dr Julian Huppert

 

Tom Brake

 

4

 

Schedule  1,  page  29,  line  28,  at end insert—

 

‘(fa)    

leave out rule 79.2.’.

 

 

Order of the House [15 November 2010]

 

That the following provisions shall apply to the Terrorist Asset-Freezing etc. Bill

 

[Lords]—

 

Committal

 

1.    

The Bill shall be committed to a Public Bill Committee.

 

Proceedings in Public Bill Committee

 

2.    

Proceedings in the Public Bill Committee shall (so far as not previously

 

concluded) be brought to a conclusion on Thursday 25 November 2010.

 

3.    

The Public Bill Committee shall have leave to sit twice on the first day on

 

which it meets.

 

Consideration and Third Reading

 

4.    

Proceedings on consideration shall (so far as not previously concluded) be

 

brought to a conclusion one hour before the moment of interruption on the

 

day on which those proceedings are commenced.

 

5.    

Proceedings on Third Reading shall (so far as not previously concluded) be

 

brought to a conclusion at the moment of interruption on that day.

 

6.    

Standing Order No. 83B (Programming committees) shall not apply to

 

proceedings on consideration and Third Reading.

 

Other proceedings

 

7.    

Any other proceedings on the Bill (including any proceedings on

 

consideration of Lords Amendments or on any further messages from the

 

Lords) may be programmed.

 


 
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