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Statutory Instruments

2000 No. 2944 (C. 85)

PREVENTION AND SUPPRESSION OF TERRORISM

The Terrorism Act 2000 (Commencement No. 2) Order 2000

Made

27th October 2000

In exercise of the powers conferred upon me by section 128 of the Terrorism Act 2000(1) I hereby make the following Order:

Citation

1.  This Order may be cited as the Terrorism Act 2000 (Commencement No. 2) Order 2000.

Commencement

2.  The following provisions of the Terrorism Act 2000 shall come into force on 31st October 2000;

(a)in section 4 (deproscription: application), subsections (3) and (4);

(b)in section 5 (deproscription: appeal), subsection (1), and subsection (6) insofar as it relates to the provisions referred to in paragraph (g) below;

(c)in section 24 (seizure of terrorist cash: interpretation), subsection (2)(e);

(d)section 31 (seizure of terrorist cash: rules of court);

(e)section 119 (crown servants, regulators etc.);

(f)section 123 (orders and regulations);

(g)in Schedule 3 (the Proscribed Organisations Appeal Commission), paragraphs 1 to 5;

(h)in Schedule 4 (forfeiture orders);

(i)in paragraph 13, sub-paragraphs (2)(b), (3) and (4);

(ii)in paragraph 27, sub-paragraphs (2)(b), (3) and (4);

(iii)in paragraph 43, sub-paragraphs (2)(b), (3) and (4); and

(iv)paragraph 52;

(i)in Schedule 5, in paragraph 10, sub-paragraphs (2) and (3);

(j)in Schedule 6 (financial information),

(i)paragraph 4;

(ii)in paragraph 6, sub-paragraph (2), and

(iii)in paragraph 7, sub-paragraph (3);

(k)in Schedule 7 (port and border controls),

(i)in paragraph 16, sub-paragraphs (1) and (2), and

(ii)in paragraph 17, sub-paragraph (4); and

(l)in Schedule 8 (detention),

(i)in paragraph 1, sub-paragraph (1); and

(ii)paragraph 19.

Jack Straw

One of Her Majesty’s Principal Secretaries of State

Home Office

27th October 2000

Explanatory Note

(This note is not part of the Order)

This Order brings into force on 31st October 2000 provisions of the Terrorism Act 2000 relating to the following matters:

(a)regulations relating to applications for deproscription;

(b)establishment of the Proscribed Organisations Appeal Commission (“POAC”);

(c)orders specifying certain monetary instruments as `terrorist cash';

(d)rules of court relating to detention and forfeiture of terrorist cash;

(e)regulations to apply or disapply to certain Crown servants provisions relating to terrorist property offences and terrorist information;

(f)procedure etc for the making of orders and regulations by the Secretary of State;

(g)the procedure of POAC and rules for appeals to, and proceedings of, POAC;

(h)rules of court for enforcement of certain forfeiture and restraint orders;

(i)orders to equate Islands or external insolvency practitioners' rights with those of UK practitioners;

(j)rules of court for production and access orders;

(k)Crown Court Rules or Act of Adjournal for applications for customer information orders;

(l)order specifying classes of persons as `financial institutions';

(m)orders specifying classes of information as `customer information';

(n)orders relating to the supplying of information by ship or aircraft passengers to examining officers;

(o)orders relating to the supplying of information by ship or aircraft owners or agents to examining officers;

(p)designation of places at which persons may be detained under Schedule 7 or section 41, and

(q)orders requiring solicitor to be present at certain interviews.

Note as to Earlier Commencement Orders

(This note is not part of the Order)

The following provisions of the Terrorism Act 2000 have been brought into force by the Terrorism Act 2000 (Commencement No. 1) Order 2000 (S.I. 2000/2800):

(a)section 99 (police and army powers: code of practice);

(b)in section 101 (codes of practice: supplementary), subsections (1) to (5);

(c)in Part 1 of Schedule 8 (treatment of persons detained under section 41 or Schedule 7),

(i)paragraph 3, and

(ii)in paragraph 4, sub-paragraphs (1) to (5), and

(d)in Schedule 14 (exercise of officers' powers),

(i)paragraph 1;

(ii)in paragraph 6, sub-paragraphs (1) and (4), and

(iii)paragraph 7.