Session 2010-11
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Terrorist Asset-Freezing etc. Bill [HL]


MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN COMMITTEE

Clause 2

LORD SASSOON

1

Page 1, line 15, leave out “designate” and insert “make a final designation of”

2

Page 1, line 16, leave out “have reasonable grounds for suspecting” and insert “reasonably believe”

LORD PANNICK

BARONESS HAMWEE

3

Page 1, line 16, leave out “suspecting” and insert “believing”

BARONESS HAMWEE

BARONESS FALKNER OF MARGRAVINE

4

Page 1, line 17, leave out “is or has been involved in terrorist activity” and insert “has committed or attempted to commit terrorist acts”

5

Page 2, line 7, at end insert—

“(1A) Such designation shall expire after 30 days unless confirmed by the High Court under subsection (1B) of this section.”

6

Page 2, line 7, at end insert—

“(1B) The High Court, on an application by the Treasury, may order that the designation of a person under subsection (1) of this section be confirmed.”

LORD DAVIDSON OF GLEN CLOVA

LORD DAVIES OF OLDHAM

7*

Page 2, line 7, at end insert—

“( ) In making a designation under subsection (1), the Treasury shall have regard to the United Kingdom’s international obligations in respect of—

(a) the prevention of terrorism; and

(b) the humanitarian needs of the person affected by designation.”

BARONESS HAMWEE

BARONESS FALKNER OF MARGRAVINE

8

Page 2, line 8, leave out “activity”” and insert “acts””

9

Page 2, line 12, at end insert “on reasonable grounds”

After Clause 2

LORD DAVIDSON OF GLEN CLOVA

LORD DAVIES OF OLDHAM

10*

Insert the following new Clause—

“Application of licences under section 13

(1) After making a decision to designate a person under section (1) and before notifying persons under section 3, the Treasury must consider whether it is appropriate to also grant a licence under section 13.

(2) Nothing in this section prevents the Treasury from later deciding to grant, vary or revoke a licence under section 13.”

Clause 3

LORD SASSOON

11

Page 2, line 23, leave out “designate” and insert “make a final designation of”

BARONESS HAMWEE

BARONESS FALKNER OF MARGRAVINE

12

Page 2, line 26, leave out “must” and insert “may”

13

Page 2, line 39, leave out “must” and insert “may”

Clause 4

BARONESS HAMWEE

BARONESS FALKNER OF MARGRAVINE

14

Page 3, line 2, at beginning insert “Unless the Court has refused an application by the Treasury under section 2(1B),”

LORD SASSOON

15

Page 3, line 2, after “A” insert “final”

BARONESS HAMWEE

BARONESS FALKNER OF MARGRAVINE

16

Page 3, line 3, after “made” insert “by the Treasury”

17

Page 3, line 4, at beginning insert “The High Court on the application of”

LORD SASSOON

18

Page 3, line 4, after “a” insert “final”

19

Page 3, line 6, after “renewed” insert “final”

20

Page 3, line 9, after second “of” insert “final”

21

Page 3, line 9, at end insert “final”

22

Page 3, line 11, after “a” insert “final”

23

Page 3, line 12, after “a” insert “final”

BARONESS HAMWEE

BARONESS FALKNER OF MARGRAVINE

24

Page 3, line 14, leave out “they consider appropriate” and insert “are necessary”

Clause 5

LORD SASSOON

25

Page 3, line 17, after “a” insert “final”

BARONESS HAMWEE

BARONESS FALKNER OF MARGRAVINE

26

Page 3, line 17, at end insert—

“( ) The High Court may at any time on the application of a designated person vary or revoke the designation applying to that person.”

LORD SASSOON

27

Page 3, line 18, after “a” insert “final”

BARONESS HAMWEE

BARONESS FALKNER OF MARGRAVINE

28

Page 3, line 21, leave out “they consider appropriate” and insert “are necessary”

After Clause 5

LORD SASSOON

29

Insert the following new Clause—

“Treasury’s power to make interim designation

(1) The Treasury may make an interim designation of a person for the purposes of this Part if—

(a) they reasonably suspect—

(i) that the person is or has been involved in terrorist activity,

(ii) that the person is owned or controlled directly or indirectly by a person within sub-paragraph (i), or

(iii) that the person is acting on behalf of or at the direction of a person within sub-paragraph (i), and

(b) they consider 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 person.

(2) Subsections (2) to (4) of section 2 (Treasury’s power to make final designation: definitions) apply for the purposes of this section as they apply for the purposes of that section.

(3) The Treasury may not make more than one interim designation of the same person in relation to the same evidence.”

30

Insert the following new Clause—

“Notification of interim designation

(1) Where the Treasury make an interim designation of a person, they must—

(a) give written notice of the designation to the designated person, and

(b) take steps to publicise the designation.

(2) Unless one or more of the following conditions is met, the Treasury must take steps to publicise the designation generally.

(3) The conditions are that—

(a) the Treasury believe that the designated person is an individual under the age of 18, or

(b) the Treasury consider that disclosure of the designation should be restricted—

(i) in the interests of national security,

(ii) for reasons connected with the prevention or detection of serious crime, or

(iii) in the interests of justice.

(4) If one or more of those conditions is met, the Treasury must inform only such persons as they consider appropriate.

(5) If that ceases to be the case, the Treasury must—

(a) give written notice of that fact to the designated person, and

(b) take steps to publicise the designation generally.”

31

Insert the following new Clause—

“Duration of interim designation

(1) An interim designation expires—

(a) at the end of the period of 30 days beginning with the date on which it was made, or

(b) on the making of a final designation in relation to the same person,

whichever is the earlier.

(2) Where an interim designation expires the Treasury must—

(a) give written notice of that fact to the designated person, and

(b) take such steps as they consider appropriate to bring that fact to the attention of the persons informed of the designation.

(3) Where an interim designation expires on the making of a final designation in relation to the same person—

(a) a notice under subsection (2) above may be combined with a notice under section 3(1)(a), and

(b) steps under subsection (2) above may be combined with steps under section 3 to publicise the final designation.”

32

Insert the following new Clause—

“Variation or revocation of interim designation

(1) The Treasury may vary or revoke an interim designation at any time.

(2) Where an interim designation is varied or revoked the Treasury must—

(a) give written notice of the variation or revocation to the designated person, and

(b) take such steps as they consider appropriate to bring the variation or revocation to the attention of the persons informed of the designation.”

Clause 6

LORD SASSOON

33

Page 3, line 24, after “3(4)” insert “or (Notification of interim designation)(4)”

BARONESS HAMWEE

BARONESS FALKNER OF MARGRAVINE

34

Page 3, line 31, leave out “, or has reasonable cause to suspect,”

35

Page 3, line 37, at end insert “or the High Court”

36

Page 3, line 40, leave out “or any other enactment”

Clause 7

BARONESS HAMWEE

BARONESS FALKNER OF MARGRAVINE

37

Page 4, line 15, leave out “has reasonable cause to suspect” and insert “reasonably suspects”

Clause 8

BARONESS HAMWEE

BARONESS FALKNER OF MARGRAVINE

38

Page 4, line 32, after “indirectly” insert “, with the intention of benefitting the designated person”

39

Page 4, line 32, leave out “has reasonable cause to suspect” and insert “reasonably suspects”

Clause 9

BARONESS HAMWEE

BARONESS FALKNER OF MARGRAVINE

40

Page 5, line 3, leave out “has reasonable cause to suspect” and insert “reasonably suspects”

41

Page 5, line 10, leave out “or partly”

Clause 10

BARONESS HAMWEE

BARONESS FALKNER OF MARGRAVINE

42

Page 5, line 16, after “indirectly” insert “, with the intention of benefitting the designated person”

Clause 11

BARONESS HAMWEE

BARONESS FALKNER OF MARGRAVINE

43

Page 5, line 26, leave out “has reasonable cause to suspect” and insert “reasonably suspects”

44

Page 5, line 33, leave out “or partly”

Clause 12

BARONESS HAMWEE

BARONESS FALKNER OF MARGRAVINE

45

Page 6, line 12, at end insert—

“( ) The prohibitions in section 8 to 11 are not contravened by the provision or funding of the provision of legal representation, legal advice or other legal services of, to, or for the benefit of the designated person.”

After Clause 12

LORD DAVIDSON OF GLEN CLOVA

LORD DAVIES OF OLDHAM

46*

Insert the following new Clause—

“Compensation

(1) The Secretary of State shall, by order, provide for the compensation of persons who have suffered loss as a result of an incorrect designation.

(2) An order under subsection (1) shall include provisions about—

(a) who may make a claim for an award;

(b) to whom a claim for an award is to be made (which may be provision that it is to be made to the High Court or, in Scotland, the Court of Session);

(c) the procedure for making and deciding a claim;

(d) the circumstances under which compensation must be awarded (which may include provision that the circumstances involve negligence or other fault);

(e) the amount that be awarded;

(f) who is to pay any compensation awarded (which may include provision that it is to be paid or reimbursed by the Treasury);

(g) how compensation is to be paid (which may include provision for payment to a person other than the claimant).”

Clause 13

BARONESS HAMWEE

BARONESS FALKNER OF MARGRAVINE

47

Page 6, line 19, after “by” insert “the High Court or”

48

Page 6, line 27, at end insert—

“( ) A licence shall be granted if required to enable the designated person to have access to funds or economic resources sufficient for the reasonable living costs of himself and his dependents (if any).”

49

Page 6, line 27, at end insert—

“( ) In the case of an asset owned jointly by the designated person and a person who is not a designated person, the Treasury shall grant such licence as is necessary to enable the other person to use such asset provided he does not contravene the prohibitions in sections 7 to 11.”

50

Page 6, line 28, after “The” insert “High Court or the”

LORD DAVIDSON OF GLEN CLOVA

LORD DAVIES OF OLDHAM

51*

Page 6, line 28, after “may” insert “grant”

After Clause 14

LORD DAVIDSON OF GLEN CLOVA

LORD DAVIES OF OLDHAM

52*

Insert the following new Clause—

“Indemnity for holder of assets

(1) A person is not liable to an action, suit or proceeding for anything done or omitted to be done in good faith and without negligence in compliance or purported compliance with this Part.

(2) In deciding whether subsection (1) applies, it will be relevant to consider whether the relevant institution that the person works for has been notified by the Treasury that—

(a) the person is designated for the purpose of this Part;

(b) the person is no longer designated for the purposes of this Part; or

(c) a licence applies in respect of the designated person.”

Clause 16

BARONESS HAMWEE

BARONESS FALKNER OF MARGRAVINE

53*

Page 8, line 5, leave out “the Treasury believe that”

Clause 18

BARONESS HAMWEE

BARONESS FALKNER OF MARGRAVINE

54*

Page 9, line 29 at end insert—

“(3) A person must comply with a request under this Chapter even if doing so might constitute evidence that the person has committed an offence.

(4) But in criminal proceedings in which a person is charged with an offence—

(a) no evidence relating to any answer given, or anything else done, in response to the request may be adduced by or on behalf of the prosecution, and

(b) no question relating to those matters may be asked by or on behalf of the prosecution,

unless evidence relating to those matters is adduced, or a question relating to those matters is asked, in the proceedings by or on behalf of the person.

(5) Subsection (4) does not apply to—

(a) an offence under section 112 of the Social Security Administation Act 1992;

(b) an offence under section 5 of the Perjury Act 1911 (false statements made otherwise than an oath in England and Wales); or

(c) an offence under section 44(2) of the Criminal Law (Consolidation) (Scotland) Act 1995 (corresponding provision for Scotland).”

Clause 19

LORD SASSOON

55

Page 9, line 43, at end insert—

“(ba) to any law officer of the Crown for Jersey or Guernsey;”

Clause 21

BARONESS HAMWEE

BARONESS FALKNER OF MARGRAVINE

56*

Page 10, line 28, leave out from beginning to “nothing” in line 30

Before Clause 22

LORD SASSOON

57

Insert the following new Clause—

“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,

(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.

(4) The making of an appeal under this section does not suspend the effect of the decision to which the appeal relates.”

Clause 22

LORD SASSOON

58

Page 11, line 9, at end insert “other than a decision to which section (Appeal to the court in relation to designations) applies (appeal to the court in relation to designations)”

59

Page 11, line 10, leave out “such a decision” and insert “a decision to which this section applies”

BARONESS HAMWEE

BARONESS FALKNER OF MARGRAVINE

60

Page 11, line 10, leave out “apply” and insert “appeal”

61

Page 11, line 11, leave out “set aside” and insert “overturned”

62

Page 11, line 12, leave out subsections (3) to (5)

LORD SASSOON

63

Page 11, line 17, leave out subsection (5)

Clause 23

LORD SASSOON

64

Page 11, line 24, after “on” insert “an appeal under section (Appeal to the court in relation to designations), or”

65

Page 11, line 25, leave out “review of decisions” and insert “appeals and reviews”

66

Page 11, line 27, at end insert “appeal or”

67

Page 11, line 32, after “on” insert “an appeal under section (Appeal to the court in relation to designations), or”

68

Page 11, line 33, leave out “review of decisions” and insert “appeals and reviews”

69

Page 11, line 35, at end insert “appeal or”

BARONESS HAMWEE

BARONESS FALKNER OF MARGRAVINE

70

Page 12, line 1, leave out subsection (4)

LORD SASSOON

71

Page 12, line 4, after “on” insert “an appeal under section (Appeal to the court in relation to designations) or”

72

Page 12, line 4, leave out “review of decisions” and insert “appeals and reviews”

73

Page 12, line 5, after “an” insert “appeal or”

After Clause 23

LORD SASSOON

74*

Insert the following new Clause—

“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 23(4) in relation to proceedings in England and Wales—

(a) on an appeal under section (Appeal to the court in relation to designations), 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.

(2) The first time after the passing of this Act that rules of court are made in exercise of the powers conferred by section 23(4) in relation to proceedings in Northern Ireland—

(a) on an appeal under section (Appeal to the court in relation to designations), 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.

(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 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.

(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.

(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, 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—

(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 which are required to be laid before Parliament) applies to any such rules 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)”.

(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 rules,

“rules of court” means rules for regulating the practice and procedure to be followed in the High Court or the Court of Appeal.”

Clause 24

BARONESS HAMWEE

BARONESS FALKNER OF MARGRAVINE

75

Page 12, line 11, at end insert “(including licences granted, varied or revoked)”

76*

Page 12, line 12, leave out “on them”

Clause 25

BARONESS HAMWEE

BARONESS FALKNER OF MARGRAVINE

77

Page 12, line 19, after “Treasury” insert “in consultation with the Home Office”

LORD DAVIDSON OF GLEN CLOVA

LORD DAVIES OF OLDHAM

78*

Page 12, line 19, at end insert—

“( ) The first report of an independent reviewer under this section must include recommendations on whether there should be a consolidation of legislation in the United Kingdom relating to terrorist asset-freezing regimes.”

79*

Page 12, line 31, at end insert “and must publish those expenses and allowances”.

Clause 28

BARONESS HAMWEE

BARONESS FALKNER OF MARGRAVINE

80*

Page 14, line 1, leave out “or connivance”

81*

Page 14, line 4, leave out “neglect” and insert “recklessness”

Clause 36

LORD SASSOON

82

Page 18, line 23, at end insert—

““final designation” means a designation under section 2 (including any renewed such designation);”

83

Page 18, line 25, at end insert—

““interim designation” means a designation under section (Treasury’s power to make interim designation);”

Clause 40

LORD SASSOON

84

Page 20, line 17, after “a” insert “final”

85

Page 20, line 17, after “designation,” insert “a”

86

Page 20, line 18, after “be)” insert “a”

87

Page 20, line 30, after “Any” insert “final”

88

Page 20, line 39, at end insert—

“(10) Without prejudice to the operation of section 16 of the Interpretation Act 1978, the repeal by this Part of section 64(1)(e) of the Counter-Terrorism Act 2008 (meaning of UN terrorism orders) does not affect—

(a) any financial restrictions proceedings on an application made under section 63 of the Act of 2008 before the coming into force of this Part, or

(b) any proceedings arising out of those proceedings.”

Clause 47

LORD SASSOON

89

Page 23, line 18, leave out “amendment” and insert “amendments”

90

Page 23, line 19, leave out “extends” and insert “and paragraph A1 of Schedule 1 (amendment of civil procedure rules: England and Wales) extend”

91*

Page 23, line 19, at end insert—

“(4) The amendments made by paragraphs ZA1 to ZD1 of Schedule 1 (amendments of rules of the Court of Judicature (Northern Ireland)) extend to Northern Ireland only.”

Schedule 1

LORD SASSOON

92*

Page 25, line 5, at end insert—

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

ZA1 The Rules of the Court of Judicature (Northern Ireland) 1980 are amended as follows.

ZB1 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”.

ZC1 In Order 1, after rule 11(l) insert—

“(la) proceedings on an application under section 22 of the Terrorist Asset-Freezing etc. Act 2010, or on a claim arising from any matter to which such an application relates;”.

ZD1 In Order 116B—

(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—

“(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 22 of the 2010”,

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

(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 22 of the 2010 Act, 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 23(4) of the 2010 Act)”,

(g) in rule 4(3)(a)(ii), after “the”, in the first place in which it appears, insert “2008”,

(h) in rule 5(1) after “2008”, insert “, or section 22 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”.”

93

Page 25, line 5, at end insert—

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

A1 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”,

(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;”,

(d) in rule 79.1(2)(b), after “the” insert “2008 Act or section 22 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 the meaning of section 65 of the 2008 Act; and

(ii) proceedings in the High Court on an application under section 22 of the 2010 Act, or on a claim arising from any matter to which such an application relates”,

(f) in rule 79.1(2)(h), for “Act” substitute “2008 Act (including that section as applied by section 23(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”,

(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”.”

In the Title

LORD SASSOON

94

Line 2, leave out “suspected of involvement” and insert “believed or suspected to be, or to have been, involved”