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,
F1aa
the Al-Qaida and Taliban (Asset-Freezing) Regulations 2010 (S.I. 2010/1197),
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.