Anti-terrorism, Crime and Security Act 2001

Part 1 — Terrorist Property

Certification: review

1

• (1) Schedule 1 (which makes provision for enabling property which—

• (a) is intended to be used for the purposes of terrorism,

• (b) consists of resources of an organisation which is a proscribed organisation, or

• (c) is, or represents, property obtained through terrorism,

to be forfeited in civil proceedings before a magistrates’ court or (in Scotland) the sheriff) is to have effect.

• (2) The powers conferred by Schedule 1 are exercisable in relation to property whether or not any proceedings have been brought for an offence in connection with the property.

• (3) Expressions used in this section have the same meaning as in Schedule 1.

• (4) Sections 24 to 31 of the Terrorism Act 2000 (c. 11) (seizure of terrorist cash) are to cease to have effect.

• (5) An order under section 127 bringing Schedule 1 into force may make any modifications of any code of practice then in operation under Schedule 14 to the Terrorism Act 2000 (exercise of officers’ powers) which the Secretary of State thinks necessary or expedient.

Weapons training for terrorists

2

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) Schedule 14 to the Terrorism Act 2000 (exercise of officers’ powers) is amended as follows.

• (5) In paragraph 1—

• (a) in paragraph (a), for “section 24” substitute “ the terrorist cash provisions ”, and

• (b) after paragraph (b) insert—

and “the terrorist cash provisions” means Schedule 1 to the Anti-terrorism, Crime and Security Act 2001.

• (6) In paragraphs 2, 3 and 6(1), at the end insert “or the terrorist cash provisions”.

• (7) In paragraph 5, after “Act” insert “ or the terrorist cash provisions ”.

• (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Terrorist property: amendments

3

Schedule 2 contains amendments to the Terrorism Act 2000.

Part 2 — Freezing Orders

Orders

Power to make order

4

• (1) The Treasury may make a freezing order if the following two conditions are satisfied.

• (2) The first condition is that the Treasury reasonably believe that—

• (a) action to the detriment of the United Kingdom’s economy (or part of it) has been or is likely to be taken by a person or persons, or

• (b) action constituting a threat to the life or property of one or more nationals of the United Kingdom or residents of the United Kingdom has been or is likely to be taken by a person or persons.

• (3) If one person is believed to have taken or to be likely to take the action the second condition is that the person is—

• (a) the government of a country or territory outside the United Kingdom, or

• (b) a resident of a country or territory outside the United Kingdom.

• (4) If two or more persons are believed to have taken or to be likely to take the action the second condition is that each of them falls within paragraph (a) or (b) of subsection (3); and different persons may fall within different paragraphs.

Contents of order

5

• (1) A freezing order is an order which prohibits persons from making funds available to or for the benefit of a person or persons specified in the order.

• (2) The order must provide that these are the persons who are prohibited—

• (a) all persons in the United Kingdom, and

• (b) all persons elsewhere who are nationals of the United Kingdom or are bodies incorporated under the law of any part of the United Kingdom or are Scottish partnerships.

• (3) The order may specify the following (and only the following) as the person or persons to whom or for whose benefit funds are not to be made available—

• (a) the person or persons reasonably believed by the Treasury to have taken or to be likely to take the action referred to in section 4;

• (b) any person the Treasury reasonably believe has provided or is likely to provide assistance (directly or indirectly) to that person or any of those persons.

• (4) A person may be specified under subsection (3) by—

• (a) being named in the order, or

• (b) falling within a description of persons set out in the order.

• (5) The description must be such that a reasonable person would know whether he fell within it.

• (6) Funds are financial assets and economic benefits of any kind.

Contents: further provisions

6

Schedule 3 contains further provisions about the contents of freezing orders.

Review of order

7

The Treasury must keep a freezing order under review.

Duration of order

8

A freezing order ceases to have effect at the end of the period of 2 years starting with the day on which it is made.

Interpretation

Nationals and residents

9

• (1) A national of the United Kingdom is an individual who is—

• (a) a British citizen, a British Dependent Territories citizen, a British National (Overseas) or a British Overseas citizen,

• (b) a person who under the British Nationality Act 1981 (c. 61) is a British subject, or

• (c) a British protected person within the meaning of that Act.

• (2) A resident of the United Kingdom is—

• (a) an individual who is ordinarily resident in the United Kingdom,

• (b) a body incorporated under the law of any part of the United Kingdom, or

• (c) a Scottish partnership.

• (3) A resident of a country or territory outside the United Kingdom is—

• (a) an individual who is ordinarily resident in such a country or territory, or

• (b) a body incorporated under the law of such a country or territory.

• (4) For the purposes of subsection (3)(b) a branch situated in a country or territory outside the United Kingdom of—

• (a) a body incorporated under the law of any part of the United Kingdom, or

• (b) a Scottish partnership,

is to be treated as a body incorporated under the law of the country or territory where the branch is situated.

• (5) This section applies for the purposes of this Part.

Orders: procedure etc.

Procedure for making freezing orders

10

• (1) A power to make a freezing order is exercisable by statutory instrument.

• (2) A freezing order—

• (a) must be laid before Parliament after being made;

• (b) ceases to have effect at the end of the relevant period unless before the end of that period the order is approved by a resolution of each House of Parliament (but without that affecting anything done under the order or the power to make a new order).

• (3) The relevant period is a period of 28 days starting with the day on which the order is made.

• (4) In calculating the relevant period 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 4 days.

• (5) If the Treasury propose to make a freezing order in the belief that the condition in section 4(2)(b) is satisfied, they must not make the order unless they consult the Secretary of State.

Procedure for making certain amending orders

11

• (1) This section applies if—

• (a) a freezing order is made specifying by description (rather than by name) the person or persons to whom or for whose benefit funds are not to be made available,

• (b) it is proposed to make a further order which amends the freezing order only so as to make it specify by name the person or persons (or any of the persons) to whom or for whose benefit funds are not to be made available, and

• (c) the Treasury reasonably believe that the person or persons named fall within the description contained in the freezing order and the further order contains a statement of the Treasury’s belief.

• (2) This section also applies if—

• (a) a freezing order is made specifying by name the person or persons to whom or for whose benefit funds are not to be made available,

• (b) it is proposed to make a further order which amends the freezing order only so as to make it specify by name a further person or further persons to whom or for whose benefit funds are not to be made available, and

• (c) the Treasury reasonably believe that the further person or persons fall within the same description as the person or persons specified in the freezing order and the further order contains a statement of the Treasury’s belief.

• (3) This section also applies if—

• (a) a freezing order is made, and

• (b) it is proposed to make a further order which amends the freezing order only so as to make it specify (whether by name or description) fewer persons to whom or for whose benefit funds are not to be made available.

• (4) If this section applies, a statutory instrument containing the further order is subject to annulment in pursuance of a resolution of either House of Parliament.

Procedure for revoking orders

12

A statutory instrument containing an order revoking a freezing order (without re-enacting it) is subject to annulment in pursuance of a resolution of either House of Parliament.

De-hybridisation

13

If apart from this section an order under this Part would be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not such an instrument.

Orders: supplementary

14

• (1) Where this Part confers a power to make provision, different provision may be made for different purposes.

• (2) An order under this Part may include supplementary, incidental, saving or transitional provisions.

• (3) Nothing in this Part affects the generality of subsection (2).

Miscellaneous

The Crown

15

• (1) A freezing order binds the Crown, subject to the following provisions of this section.

• (2) No contravention by the Crown of a provision of a freezing order makes the Crown criminally liable; but the High Court or in Scotland the Court of Session may, on the application of a person appearing to the Court to have an interest, declare unlawful any act or omission of the Crown which constitutes such a contravention.

• (3) Nothing in this section affects Her Majesty in her private capacity; and this is to be construed as if section 38(3) of the Crown Proceedings Act 1947 (c. 44) (meaning of Her Majesty in her private capacity) were contained in this Act.

Repeals

16

• (1) These provisions shall cease to have effect—

• (a) section 2 of the Emergency Laws (Re-enactments and Repeals) Act 1964 (c. 60) (Treasury’s power to prohibit action on certain orders as to gold etc);

• (b) section 55 of the Finance Act 1968 (c. 44) (meaning of security in section 2 of 1964 Act).

• (2) Subsection (1) does not affect a reference which—

• (a) is to a provision referred to in that subsection, and

• (b) is contained in a provision made under an Act.

Part 3 — Disclosure of Information

Extension of existing disclosure powers

17

• (1) This section applies to the provisions listed in Schedule 4, so far as they authorise the disclosure of information.

• (2) Each of the provisions to which this section applies shall have effect, in relation to the disclosure of information by or on behalf of a public authority, as if the purposes for which the disclosure of information is authorised by that provision included each of the following—

• (a) the purposes of any criminal investigation whatever which is being or may be carried out, whether in the United Kingdom or elsewhere;

• (b) the purposes of any criminal proceedings whatever which have been or may be initiated, whether in the United Kingdom or elsewhere;

• (c) the purposes of the initiation or bringing to an end of any such investigation or proceedings;

• (d) the purpose of facilitating a determination of whether any such investigation or proceedings should be initiated or brought to an end.

• (3) The Treasury may by order made by statutory instrument add any provision contained in any subordinate legislation to the provisions to which this section applies.

• (4) The Treasury shall not make an order under subsection (3) unless a draft of it has been laid before Parliament and approved by a resolution of each House.

• (5) No disclosure of information shall be made by virtue of this section unless the public authority by which the disclosure is made is satisfied that the making of the disclosure is proportionate to what is sought to be achieved by it.

• (6) Nothing in this section shall be taken to prejudice any power to disclose information which exists apart from this section.

• (7) The information that may be disclosed by virtue of this section includes information obtained before the commencement of this section.

Restriction on disclosure of information for overseas purposes

18

• (1) Subject to subsections (2) and (3), the Secretary of State may give a direction which—

• (a) specifies any overseas proceedings or any description of overseas proceedings; and

• (b) prohibits the making of any relevant disclosure for the purposes of those proceedings or, as the case may be, of proceedings of that description.

• (2) In subsection (1) the reference, in relation to a direction, to a relevant disclosure is a reference to a disclosure authorised by any of the provisions to which section 17 applies which—

• (a) is made for a purpose mentioned in subsection (2)(a) to (d) of that section; and

• (b) is a disclosure of any such information as is described in the direction.

• (3) The Secretary of State shall not give a direction under this section unless it appears to him that the overseas proceedings in question, or that overseas proceedings of the description in question, relate or would relate—

• (a) to a matter in respect of which it would be more appropriate for any jurisdiction or investigation to be exercised or carried out by a court or other authority of the United Kingdom, or of a particular part of the United Kingdom;

• (b) to a matter in respect of which it would be more appropriate for any jurisdiction or investigation to be exercised or carried out by a court or other authority of a third country; or

• (c) to a matter that would fall within paragraph (a) or (b)—

• (i) if it were appropriate for there to be any exercise of jurisdiction or investigation at all; and

• (ii) if (where one does not exist) a court or other authority with the necessary jurisdiction or functions existed in the United Kingdom, in the part of the United Kingdom in question or, as the case may be, in the third country in question.

• (4) A direction under this section shall not have the effect of prohibiting—

• (a) the making of any disclosure by a Minister of the Crown or by the Treasury; or

• (b) the making of any disclosure in pursuance of an assimilated obligation.

• (5) A direction under this section—

• (a) may prohibit the making of disclosures absolutely or in such cases, or subject to such conditions as to consent or otherwise, as may be specified in it; and

• (b) must be published or otherwise issued by the Secretary of State in such manner as he considers appropriate for bringing it to the attention of persons likely to be affected by it.

• (6) A person who, knowing of any direction under this section, discloses any information in contravention of that direction shall be guilty of an offence and liable—

• (a) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both;

• (b) on summary conviction, to imprisonment for a term not exceeding three months or to a fine not exceeding the statutory maximum or to both.

• (7) The following are overseas proceedings for the purposes of this section—

• (a) criminal proceedings which are taking place, or will or may take place, in a country or territory outside the United Kingdom;

• (b) a criminal investigation which is being, or will or may be, conducted by an authority of any such country or territory.

• (8) References in this section, in relation to any proceedings or investigation, to a third country are references to any country or territory outside the United Kingdom which is not the country or territory where the proceedings are taking place, or will or may take place or, as the case may be, is not the country or territory of the authority which is conducting the investigation, or which will or may conduct it.

• (9) In this section “court” includes a tribunal of any description.

Disclosure of information held by revenue departments

19

• (1) This section applies to information which is held by or on behalf of the Commissioners of Inland Revenue or by or on behalf of the Commissioners of Customs and Excise, including information obtained before the coming into force of this section.

• (2) No obligation of secrecy imposed by statute or otherwise prevents the disclosure, in accordance with the following provisions of this section, of information to which this section applies if the disclosure is made—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) for the purposes of any criminal investigation whatever which is being or may be carried out, whether in the United Kingdom or elsewhere;

• (c) for the purposes of any criminal proceedings whatever which have been or may be initiated, whether in the United Kingdom or elsewhere;

• (d) for the purposes of the initiation or bringing to an end of any such investigation or proceedings; or

• (e) for the purpose of facilitating a determination of whether any such investigation or proceedings should be initiated or brought to an end.