The Terrorist Asset-Freezing etc. Act 2010 (Overseas Territories) Order 2011

Modifications to be made in the extension of Part 1 of the Terrorist Asset-Freezing etc. Act 2010 to the Territories specified in Schedule 1.

5.  For section 2(4) substitute the following sections—

“(4) In this section “terrorism” means the use or threat of action where—

(a) the action falls within subsection (5),

(b) the use or threat is designed to influence the government or an international governmental organisation or to intimidate the public or a section of the public, and

(c) the use or threat is made for the purpose of advancing a political, religious, racial or ideological cause.

(5) Action falls within this subsection if it—

(a) involves serious violence against a person;

(b) involves serious damage to property;

(c) endangers a person’s life, other than that of the person committing the action;

(d) creates a serious risk to the health or safety of the public or a section of the public; or

(e) is designed seriously to interfere with or seriously to disrupt an electronic system.

(6) The use or threat of action falling within subsection (5) which involves the use of firearms or explosives is terrorism whether or not subsection 4(b) is satisfied.

(7) In this section—

(a) “action” includes action outside the Territory;

(b) a reference to any person or to a property is a reference to any person, or to property, wherever situated;

(c) a reference to the public includes a reference to the public of a country other than the Territory; and

(d) “the government” means the government of the Territory or of a country other than the Territory.

(8) A reference in subsection (1)(b) above to financial restrictions includes a reference to restrictions relating to economic resources.”