Part 6Financial restrictions proceedings

Chapter 1Application to set aside financial restrictions decision

63Application to set aside financial restrictions decision

(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,

(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.

64UN terrorism orders

(1)

For the purposes of section 63 the UN terrorism orders are—

(a)

the Terrorism (United Nations Measures) Order 2001 (S.I. 2001/3365);

(b)

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

(c)

the Terrorism (United Nations Measures) Order 2006 (S.I. 2006/2657);

(d)

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

(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.

Chapter 2Financial restrictions proceedings

Introductory

65Financial restrictions proceedings

In this Chapter “financial restrictions proceedings” means proceedings in the High Court or the Court of Session on an application under section 63 or on a claim arising from any matter to which such an application relates.

Supplementary provisions

71Allocation of proceedings to Queen’s Bench Division

In paragraph 2 of Schedule 1 to the Supreme Court Act 1981 (c. 54) (business allocated to the Queen’s Bench Division), after sub-paragraph (ba) insert—

“(bb)

all financial restrictions proceedings within the meaning of Chapter 2 of Part 6 of the Counter-Terrorism Act 2008 (see section 65 of that Act);”.

72Initial exercise of powers by Lord Chancellor

(1)

The first time after the passing of this Act that rules of court are made in exercise of the powers conferred by this Chapter—

(a)

in relation to proceedings in England and Wales, or

(b)

in relation to proceedings in Northern Ireland,

they may be made by the Lord Chancellor instead of by the person who would otherwise make them.

(2)

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.

The Lord Chancellor is not required to undertake any other consultation before making the rules.

(3)

The requirements of subsection (2)(a) and (b) may be satisfied by consultation that took place wholly or partly before the passing of this Act.

(4)

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.

In reckoning the period of 40 days no account shall be taken of any time during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.

(5)

If rules cease to have effect in accordance with subsection (4)—

(a)

that does not affect anything previously done in reliance on the rules; and

(b)

subsection (1) applies as if the rules had not been made.

(6)

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 (c. 12) (Parliamentary procedure for civil procedure rules);

(b)

section 56 of the Judicature (Northern Ireland) Act 1978 (c. 23) (statutory rules procedure).

Until section 85 of the Courts Act 2003 (c. 39) (process for making civil procedure rules) comes into force, in paragraph (a) above for “section 3(6)” substitute “section 3(2)”.

73Interpretation

In this Chapter—

“financial restrictions proceedings” has the meaning given by section 65;

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

“special advocate” means a person appointed under section 68.