The Anti-terrorism (Financial and Other Measures) (Overseas Territories) Order 2002

PART 7 Interpretation

Property

20.—(1) Property is all property wherever situated and includes—

(a) money,

(b) all forms of property, real or personal, heritable or moveable,

(c) things in action and other intangible or incorporeal property.

(2) Any reference to a person’s property (whether expressed as a reference to the property he holds or otherwise) is to be read as follows.

(3) In relation to land, it is a reference to any interest which he holds in the land.

(4) In relation to property other than land, it is a reference—

(a) to the property (if it belongs to him), or

(b) to any other interest which he holds in the property.

Obtaining and disposing of property

21.—(1) References to a person disposing of his property include a reference—

(a) to his disposing of a part of it, or

(b) to his granting an interest in it,

(or to both); and references to the property disposed of are references to any property obtained on the disposal.

(2) If a person grants an interest in property of his which is earmarked as terrorist property, the question whether the interest is also earmarked is to be determined in the same manner as it is on any other disposal of earmarked property.

(3) A person who makes a payment to another is to be treated as making a disposal of his property to the other, whatever form the payment takes.

(4) Where a person’s property passes to another under a will or intestacy or by operation of law, it is to be treated as disposed of by him to the other.

(5) A person is only to be treated as having obtained his property for value in a case where he gave unexecuted consideration if the consideration has become executed consideration.

General interpretation

22.—(1) In this Schedule—

“authorised officer” means a constable, a customs officer or an immigration officer,

“cash” has the meaning given by paragraph 1,

“criminal conduct” means conduct which constitutes an offence in the Territory, or would constitute an offence in the Territory if it occurred there,

“forfeiture order” has the meaning given by paragraph 7,

“interest” means—

(a)

in relation to land, any legal estate and any equitable interest or power, and

(b)

in relation to property other than land, includes any right (including a right to possession of the property),

“part”, in relation to property, includes a portion,

“property earmarked as terrorist property” is to be read in accordance with Part 5,

“property obtained through terrorism” has the meaning given by paragraph 11,

“terrorist cash” has the meaning given by paragraph 1,

“value” means market value.

(2) Paragraphs 20 and 21 and the following provisions apply for the purposes of this Schedule.

(3) For the purpose of deciding whether or not property was earmarked as terrorist property at any time (including times before the commencement of this Order), it is to be assumed that this Schedule was in force at that and any other relevant time.

(4) Proceedings against any person for an offence are concluded when—

(a) the person is convicted or acquitted,

(b) the prosecution is discontinued, or

(c) the jury is discharged without a finding.