Terrorism (United Nations Measures) (Isle of Man) Order 2001
| Jurisdiction | UK Non-devolved |
| Citation | SI 2001/3364 |
| Year | 2001 |
2001 No. 3364
UNITED NATIONS
The Terrorism (United Nations Measures) (Isle of Man) Order 2001
Made 9th October 2001
Laid before Parliament 9th October 2001
Coming into force 10th October 2001
At the Court at Buckingham Palace, the 9th day of October 2001
Present,
The Queen’s Most Excellent Majesty in Council
Whereas under Article 41 of the Charter of the United Nations the Security Council of the United Nations has, by a resolution adopted on 28th September 2001, called upon Her Majesty’s Government in the United Kingdom and all other States to apply certain measures to give effect to decisions of that Council in relation to combating terrorist activities:
Now, therefore, Her Majesty, in exercise of the powers conferred on Her by section 1 of the United Nations Act 19461, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—
Citation, commencement, operation, extent and amendment
1.—(1) This Order may be cited as the Terrorism (United Nations Measures) (Isle of Man) Order 2001 and shall come into force on 10th October 2001.
(2) If the Security Council of the United Nations takes any decision which has the effect of cancelling or postponing or suspending the operation of the resolution adopted by it on 28th September 2001, in whole or in part, this Order shall cease to have effect or its operation shall be postponed or suspended, in whole or in part, as the case may be, in accordance with that decision.
(3) Particulars of the decisions referred to in paragraph (2) above shall be published by the Secretary of State in a notice in the London, Edinburgh and Belfast Gazettes.
(4) This Order shall extend to the Isle of Man, as part of its law.
(5) Articles 4, 5, 6, 7, 8, 10 and 11 shall apply to any person within the Isle of Man and to any person elsewhere who—
(a)
(a) is a British citizen, a British Dependent Territories citizen, a British Overseas citizen, a British subject, a British National (Overseas) or a British protected person and is ordinarily resident in the Isle of Man; or
(b)
(b) is a body incorporated or constituted under the law of the Isle of Man.
Interpretation: general
2. In this Order, unless the context otherwise requires—
“body corporate” includes a limited liability company constituted under the Limited Liability Companies Act 1996 (an Act of Tynwald) and, in relation to such a company, any reference to a director or other officer of a body corporate is a reference to a member and to the company’s manager and registered agent;
“custody” means custody within the meaning of the Custody Act 1995 (an Act of Tynwald);
“document” includes information recorded in any form, and in relation to information recorded otherwise than in legible form, references to its production include references to producing a copy of the information in legible form;
“funds” means financial assets and economic benefits of any kind, including (but not limited to) gold coin, gold bullion, cash, cheques, claims on money, drafts, money orders and other payment instruments; deposits with financial institutions or other entities, balances on accounts, debts and debt obligations; securities and debt instruments (including stocks and shares, certificates representing securities, bonds, notes, warrants, debentures, debenture stock and derivatives contracts); interest, dividends or other income on or value accruing from or generated by assets; credit, rights of set-off, guarantees, performance bonds or other financial commitments; letters of credit, bills of lading, bills of sale; documents evidencing an interest in funds or financial resources, and any other instrument of export financing;
“relevant institution” means—
(a) a body corporate wherever incorporated;
(b) a partnership formed under the law of the Isle of Man;
(c) a partnership or other unincorporated association of two or more persons formed under the law of a member State of the European Community;
(d) a European authorised institution within the meaning of the Banking Co-ordination (Second Council Directive) Regulations 19922which has lawfully established a branch in the Isle of Man for the purpose of accepting deposits or other repayable funds from the public;
(e) a building society within the meaning of section 7 of the Industrial and Building Societies Act 1892 (an Act of Tynwald);
“the Treasury” means the Isle of Man Treasury, a department of the government of the Isle of Man.
Interpretation: terrorism
3.—(1) In this Order “terrorism” means the use or threat of action where the action falls within paragraph (2) below, the use or threat is designed to influence the government or to intimidate the public or a section of the public, and the use or threat is made for the purpose of advancing a political, religious or ideological cause.
(2) Action is terrorism if it—
(a)
(a) involves serious violence against a person,
(b)
(b) involves serious damage to property,
(c)
(c) endangers a person’s life, other than that of the person committing the action,
(d)
(d) creates a serious risk to the health or safety of the public or a section of the public, or
(e)
(e) is designed seriously to interfere with or seriously to disrupt an electronic system.
(3) Notwithstanding paragraph (1) above, the use or threat of action falling within paragraph (2) which involves the use of firearms or explosives is terrorism whether or not the use or threat is designed to influence the government or to intimidate the public or a section of the public.
(4) For the purposes of this article—
(a)
(a) “action” includes action outside the Isle of Man,
(b)
(b) a reference to any person or to property is a reference to any person, or to property, wherever situated,
(c)
(c) a reference to the public includes a reference to the public of a country other than that of the Isle of Man, and
(d)
(d) “the government” means the government of the Isle of Man or of a country or territory other than the Isle of Man.
Collection of funds
4.—(1) Any person who invites another to provide funds and intends that they should be used, or knows or has reasonable cause to suspect that they may be used, for the purposes of terrorism, shall be guilty of an offence.
(2) Any person who receives funds, and intends that they should be used, or knows or has reasonable cause to suspect that they may be used, for the purposes of terrorism, shall be guilty of an offence.
(3) Any person who provides funds, and knows or has reasonable cause to suspect that they will or may be used for the purposes of terrorism, shall be guilty of an offence.
(4) In this article a reference to the provision of funds is a reference to them being given, lent or otherwise made available, whether or not for consideration.
Making funds available
5. Any person who, except under the authority of a licence granted by the Treasury under this article, makes any funds or financial (or related) services available to, or for the benefit of—
(a) persons who commit, attempt to commit, facilitate or participate in the commission of terrorism,
(b) persons controlled or owned by persons referred to in paragraph (a) above, or
(c) persons acting on behalf of, or on the direction of, persons referred to in paragraph (a) above,
shall be guilty of an offence.
Freezing of funds on suspicion
6.—(1) Where the Treasury have reasonable grounds for suspecting that the person by, for, or on behalf of whom any funds are held is or may be—
(a)
(a) a person who commits, attempts to commit, participates in, or facilitates the commission of terrorism,
(b)
(b) a person controlled or owned directly or indirectly by a person referred to in sub-paragraph (a) above,
(c)
(c) a person acting on behalf of, or at the direction of a person referred to in sub-paragraph (a) above,
the Treasury may by notice direct that those funds are not to be made available to any person, except under the authority of a licence granted by the Treasury under this article.
(2) A notice given under paragraph (1) shall specify either—
(a)
(a) the period for which...
To continue reading
Request your trial