SCHEDULES

SCHEDULE 1Consequential amendments

Sections 45(1) and 52(1)

Part 1Terrorist asset-freezing

Rules of the Court of Judicature (Northern Ireland) 1980 (S.R. 1980 No.346)

1

The Rules of the Court of Judicature (Northern Ireland) 1980 are amended as follows.

2

In the Arrangement of Orders, in the entry relating to Order 116B, after “2008” insert “ and Part 1 of the Terrorist Asset-Freezing etc. Act 2010 ”.

3

In Order 1, after rule 11(l) insert—

la

proceedings on an application under section 27 of the Terrorist Asset-Freezing etc. Act 2010, or on a claim arising from any matter to which such an application relates;”.

4

In Order 116B—

a

in the title of the Order, at the end insert “ and Part 1 of the Terrorist Asset-Freezing etc. Act 2010 ”,

b

in rule 1(2)(a), after “the”, in the first place in which it appears, insert “ 2008 ”,

c

after rule 1(2)(a) insert—

aa

the 2010 Act” means the Terrorist Asset-Freezing etc. Act 2010;

d

in rule 1(2)(b), after “the” insert “ 2008 Act or section 27 of the 2010 ”,

e

in rule 1(2)(c) for “has the same meaning as in section 65 of the Act” substitute

means—

i

financial restrictions proceedings within the meaning of section 65 of the 2008 Act; and

ii

proceedings in the High Court on an application under section 27 of the 2010 Act, or on a claim arising from any matter to which such an application relates

f

in rule 1(2)(h), for “Act” substitute “ 2008 Act (including that section as applied by section 28(4) of the 2010 Act) ”,

g

in rule 4(3)(a)(ii), after “the”, in the first place in which it appears, insert “ 2008 ”,

h

in rule 5(1) after “2008”, insert “ , or section 27 of the Terrorist Asset-Freezing etc. Act 2010, as the case may be, ”,

i

in rule 36(1), after “the” insert “ 2008 ”, and

j

in rule 36(2), after “the” in the second place in which it appears, insert “ 2008 ”.

Civil Procedure Rules 1998 (S.I. 1998/3132)

5

In Part 79 of the Civil Procedure Rules 1998 (proceedings under the Counter-Terrorism Act 2008)—

a

in the title of Part 79, at the end insert “ and Part 1 of the Terrorist Asset-Freezing etc. Act 2010 ”,

b

in rule 79.1(2)(a), after “the”, in the first place in which it appears, insert “ 2008 ”,

c

after rule 79.1(2)(a) insert—

aa

the 2010 Act” means the Terrorist Asset-Freezing etc. Act 2010;

d

in rule 79.1(2)(b), after “the” insert “ 2008 Act or section 27 of the 2010 ”,

e

in rule 79.1(2)(c) for “has the same meaning as in section 65 of the Act” substitute

means—

i

financial restrictions proceedings within the meaning of section 65 of the 2008 Act; and

ii

proceedings in the High Court on an application under section 27 of the 2010 Act, or on a claim arising from any matter to which such an application relates

f

in rule 79.1(2)(h), for “Act” substitute “ 2008 Act (including that section as applied by section 28(4) of the 2010 Act) ”,

g

in rule 79.6(3)(a)(ii), after “the”, in the first place in which it appears, insert “ 2008 ”,

h

in rule 79.31(1), after “the” insert “ 2008 ”, and

i

in rule 79.31(2), after “the” in the second place in which it appears, insert “ 2008 ”.

Money Laundering Regulations 2007 (S.I. 2007/2157)

6

In regulation 2(1) of the Money Laundering Regulations 2007 (interpretation), in the definition of “terrorist financing”—

a

omit sub-paragraph (c), and

b

for sub-paragraph (e) substitute—

e

section 11, 12, 13, 14, 15 or 18 of the Terrorist Asset-Freezing etc. Act 2010 (offences relating to the freezing of funds etc. of designated persons);

Transfer of Funds (Information on the Payer) Regulations 2007 (S.I. 2007/3298)

7

In regulation 2(1) of the Transfer of Funds (Information on the Payer) Regulations 2007 (interpretation), in the definition of “terrorist financing”—

a

omit sub-paragraph (c), and

b

for sub-paragraph (e) substitute—

e

section 11, 12, 13, 14, 15 or 18 of the Terrorist Asset-Freezing etc. Act 2010 (offences relating to the freezing of funds etc. of designated persons).

Payment Services Regulations 2009 (S.I. 2009/209)

8

In regulation 13(4) of the Payment Services Regulations 2009 (conditions for registration as a small payment institution)—

a

in sub-paragraph (d) omit the words from “article 7” (where it first occurs) to “2006 or”, and

b

for sub-paragraph (da) substitute—

da

an offence under section 11, 12, 13, 14, 15 or 18 of the Terrorist Asset-Freezing etc. Act 2010 (offences relating to the freezing of funds etc. of designated persons);

Part 2Terrorist financing, money laundering etc.

Amendment relating to section 48: branches

9

In paragraph 46 of Schedule 7 to the Counter-Terrorism Act 2008 (terrorist financing and money laundering etc: index of defined expressions), in the table—

a

in the entry for “credit institution”, after “5(1)” insert “ and (3) ”, and

b

in the entry for “financial institution”, after “5(2)” insert “ and (3) ”.

Amendments relating to section 50: circumvention

10

1

In paragraph 26(1) of Schedule 7 to the Counter-Terrorism Act 2008 (imposition of penalty by HMRC) after “25” insert “ or 25A ”.

2

In paragraph 27 of that Schedule (imposition of penalty by other enforcement authority)—

a

in sub-paragraph (1) after “25” insert “ or 25A ”, and

b

in sub-paragraph (3) after “25” insert “ or (as the case may be) 25A ”.

3

In paragraph 29(1) of that Schedule (payment and recovery of civil penalties) after “25” insert “ or 25A ”.

4

In paragraph 41(2) of that Schedule (application of civil penalties by Financial Services Authority) after “25” insert “ or 25A ”.

Amendments relating to section 51: Northern Ireland credit unions

I211

1

In paragraph 18(2) of Schedule 7 to the Counter-Terrorism Act 2008 (definition of “enforcement officer”) omit paragraph (d) (but not the word “or” at the end of the paragraph).

2

In paragraph 18(3)(b) of that Schedule (definition of “local enforcement officer” in Northern Ireland) for “DETINI” substitute “ the Department of Enterprise, Trade and Investment in Northern Ireland (“DETINI”) ”.

3

In paragraph 27(1) of that Schedule (imposition of penalty by enforcement authority) for “, the OFT or DETINI” substitute “ or the OFT ”.

4

In paragraph 28 of that Schedule (appeal against imposition of certain civil penalties)—

a

omit sub-paragraph (2), and

b

in sub-paragraph (3) omit “or court”.

5

In paragraph 46 of that Schedule (index of defined expressions), in the entry for DETINI, for “paragraph 18(1)(d)” substitute “ paragraph 18(3)(b) ”.

SCHEDULE 2Repeals and revocations

Sections 45(2) and 52(2)

C1Part 1Terrorist asset-freezing

Annotations:
Modifications etc. (not altering text)

Reference

Extent of repeal or revocation

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

The whole instrument.

Financial Services and Markets Act 2000 (Consequential Amendments) (No.2) Order 2001 (S.I. 2001/3801)

Article 2.

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

Article 1(6).

Terrorism (United Nations Measures) Order 2001 (Amendment) Regulations 2003 (S.I. 2003/1297)

The whole instrument.

Terrorism (United Nations Measures) Order 2001 (Amendment) Regulations 2005 (S.I. 2005/1525)

The whole instrument.

Serious Organised Crime and Police Act 2005 (Powers of Arrest) (Consequential Amendments) Order 2005 (S.I. 2005/3389)

Article 15.

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

The whole instrument.

Money Laundering Regulations 2007 (S.I. 2007/2157)

In regulation 2(1), in the definition of “terrorist financing”, sub-paragraph (c).

Transfer of Funds (Information on the Payer) Regulations (S.I. 2007/3298)

In regulation 2(1), in the definition of “terrorist financing”, sub-paragraph (c).

Counter-Terrorism Act 2008

Section 64(1)(e).

Section 75(2)(d).

In Part 4 of Schedule 9, the entries relating to—

  1. a

    the Terrorism (United Nations Measures) Order 2001, and

  2. b

    the Terrorism (United Nations Measures) Order 2006.

Payment Services Regulations 2009 (S.I. 2009/209)

In regulation 13(4)(d), the words from “article 7” (where it first occurs) to “2006 or”.

Terrorism (United Nations Measures) Order 2009 (S.I. 2009/1747)

The whole instrument.

Financial Restrictions Proceedings (UN Terrorism Orders) Order 2009 (S.I. 2009/1911)

The whole instrument.

Terrorism (United Nations Measures) Order (Consequential Amendments) Regulations 2009 (S.I. 2009/1912)

Regulation 4.

Terrorist Asset-Freezing (Temporary Provisions) Act 2010

The whole Act.

I3I1Part 2Terrorist financing, money laundering etc.

Annotations:
Commencement Information
I3

Sch. 2 Pt. 2 in force at 31.3.2012 by S.I. 2011/2835, art. 2(d)

I1

Sch. 2 Pt. 2 partly in force; Sch. 2 Pt. 2 in force for specified purposes at 17.12.2010, see s. 55(1)(2)

Reference

Extent of repeal

Counter-Terrorism Act 2008

In Schedule 7—

  1. a

    paragraph 5(2)(f),

  2. b

    in paragraph 18(1), paragraph (d) and the word “or” before the paragraph,

  3. c

    in paragraph 18(2), paragraph (d) (but not the word “or” at the end of the paragraph),

  4. d

    in paragraph 28, sub-paragraph (2) and, in sub-paragraph (3), the words “or court”, and

  5. e

    in paragraph 39(2), paragraph (d).