The Terrorism (United Nations Measures) (Overseas Territories) Order 2001

Interpretation

2.  In this Order the following expressions have, except where otherwise expressly provided, the meanings hereby respectively assigned to them, that is to say—

• “document” includes information recorded in any form and, in relation to information recorded otherwise than in legible form, references to its production include references to producing a copy of the information in legible form;

• “funds” means financial assets and economic benefits of any kind, including (but not limited to) gold coin, gold bullion, cash, cheques, claims on money, drafts, money orders and other payment instruments; deposits with financial institutions or other entities, balances on accounts, debts and debt obligations; securities and debt instruments (including stocks and shares, certificates representing securities, bonds, notes, warrants, debentures, debenture stock and derivatives contracts); interest, dividends or other income on or value accruing from or generated by assets; credit, rights of set-off, guarantees, performance bonds or other financial commitments; letters of credit, bills of lading, bills of sale; documents evidencing an interest in funds or financial resources, and any other instrument of export financing;

• “Governor” means the Governor or other officer administering the Government of the Territory;

• “relevant institution” means—

  (a)

  the person or body responsible for carrying out in the Territory the functions of a monetary authority;

  (b)

  any person who may lawfully accept deposits in or from within the Territory in the course of carrying on a deposit-taking business, and for this purpose “deposit” has the meaning given to that term in section 5 of the Banking Act 1987(1) and “deposit-taking business” has the meaning given to that term in section 6 of that Act;

  (c)

  a European authorised institution within the meaning of the Banking Coordination (Second Council Directive) Regulations 1992(2) which has lawfully established a branch in Gibraltar for the purpose of accepting deposits or other repayable funds from the public; and

  (d)

  any society established lawfully in the Territory whose principal purpose is the making of loans secured on residential property where such loans are funded substantially by its members;

• “terrorism” means the use or threat of action where—

  (a)

  (i)

  the action falls within sub-paragraph (b),

  (ii)

  the use or threat is designed to influence the government or to intimidate the public or a section of the public, and

  (iii)

  the use or threat is made for the purpose of advancing a political, religious or ideological cause;

  (b)

  action falls within this sub-paragraph if it—

  (i)

  involves serious violence against a person,

  (ii)

  involves serious damage to property,

  (iii)

  endangers a person’s life, other than that of the person committing the action,

  (iv)

  creates a serious risk to the health or safety of the public or a section of the public, or

  (v)

  is designed seriously to interfere with or seriously to disrupt an electronic system;

  (c)

  the use or threat of action falling within sub-paragraph (b) which involves the use of firearms or explosives is terrorism whether or not sub-paragraph (a)(ii) is satisfied;

  (d)

  in sub-paragraphs (a), (b) and (c)—

  (i)

  “action” includes action outside the Territory,

  (ii)

  a reference to any person or to property is a reference to any person, or to property, wherever situated,

  (iii)

  a reference to the public includes a reference to the public of a territory or country other than that of the Territory,

  (iv)

  “the government” means the government of the Territory, of a part of the Territory or of a territory or country other than the Territory;

• “Supreme Court” means the court of the Territory having unlimited jurisdiction in civil proceedings.

(1)

1987 c. 22.

(2)

S.I. 1992/3218, amended by S.I.s 1993/3225, 1995/1217, 1995/1442, 1996/1669 and 1999/2094, Chapter II of Part I of Schedule 5 to the Bank of England Act 1998 (c. 11) and sections 70(1) and 79(14) of and Part II of Schedule 6 to the Criminal Justice Act 1993 (c. 36).