Counter-Terrorism Act 2008

Chapter 1 U.K. Application to set aside financial restrictions decision

63 Application to set aside financial restrictions decision U.K.

(1) This section applies to any decision of the Treasury in connection with the exercise of any of their functions under—

(a) the UN terrorism orders,

[F1 (aa) the Al-Qaida and Taliban (Asset-Freezing) Regulations 2010 (S.I. 2010/1197),]

[F2 (ab) the Iran (European Union Financial Sanctions) Regulations 2010 (S.I. 2010/2937),]

(b) Part 2 of the Anti-terrorism, Crime and Security Act 2001 (c. 24) (freezing orders), or

(c) Schedule 7 to this Act (terrorist financing, money laundering and certain other activities: financial restrictions).

(2) Any person affected by the decision may apply to the High Court or, in Scotland, the Court of Session to set aside the decision.

(3) In determining whether the decision should be set aside the court shall apply the principles applicable on an application for judicial review.

(4) If the court decides that a decision should be set aside it may make any such order, or give any such relief, as may be made or given in proceedings for judicial review.

(5) Without prejudice to the generality of subsection (4), if the court sets aside a decision of the Treasury—

(a) to give a direction under any of the UN terrorism orders,

(b) to make a freezing order under Part 2 of the Anti-terrorism, Crime and Security Act 2001 (c. 24), or

(c) to give a direction or make an order under Schedule 7 to this Act,

the court must quash the relevant direction or order.

(6) This section applies whether the decision of the Treasury was made before or after the commencement of this section.

(7) After the commencement of this section an application to set aside a decision of the Treasury to which this section applies must be made under this section.

(8) This section does not apply to any decision of the Treasury to make an order under paragraph 8 or 28(6) of Schedule 7 to this Act.

Textual Amendments

F1 S. 63(1)(aa) inserted (8.4.2010) by The Al-Qaida and Taliban (Asset-Freezing) Regulations 2010 (S.I. 2010/1197), reg. 1(1), Sch. 2 para. 1 (with reg. 13)

F2 S. 63(1)(ab) inserted (11.12.2010) by The Iran (European Union Financial Sanctions) Regulations 2010 (S.I. 2010/2937), regs. 1(1), 26 (with reg. 25)

64 UN terrorism orders U.K.

(1) For the purposes of section 63 the UN terrorism orders are—

F3 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) the Al-Qa'ida and Taliban (United Nations Measures) Order 2002 (S.I. 2002/111);

F4 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) the Al-Qaida and Taliban (United Nations Measures) Order 2006 (S.I. 2006/2952).

[F5 (e) the Terrorism (United Nations Measures) Order 2009 (S.I. 2009/1747).]

(2) The Treasury may by order amend subsection (1) by—

(a) adding other Orders in Council made under section 1 of the United Nations Act 1946 (c. 45),

(b) providing that a reference to a specified Order in Council is to that order as amended by a further Order in Council (made after the passing of this Act), or

(c) removing an Order in Council.

(3) An order under subsection (2) is subject to negative resolution procedure.

Textual Amendments

F3 S. 64(1)(a) omitted (31.8.2010) by virtue of Financial Restrictions Proceedings (UN Terrorism Orders) Order 2009 (S.I. 2009/1911), arts. 1(3), 2(2)

F4 S. 64(1)(c) omitted (31.8.2010) by virtue of Financial Restrictions Proceedings (UN Terrorism Orders) Order 2009 (S.I. 2009/1911), arts. 1(3), 2(2)

F5 S. 64(1)(e) inserted (10.8.2009) by Financial Restrictions Proceedings (UN Terrorism Orders) Order 2009 (S.I. 2009/1911), arts. 1(2), 2(3)