| Jurisdiction | UK Non-devolved |
| Citation | SI 2011/750 |
| Year | 2011 |
2011 No. 750
Terrorism
The Terrorist Asset-Freezing etc. Act 2010 (Overseas Territories) Order 2011
Made 16th March 2011
Coming into force 31th March 2011
At the Court at Buckingham Palace, the 16th day of March 2011
Present,
The Queen’s Most Excellent Majesty in Council
Her Majesty, by and with the advice of Her Privy Council, in exercise of the power conferred by section 54(1) of the Terrorist Asset-Freezing etc. Act 20101, makes the following Order:
Citation and commencement
1. This Order may be cited as the Terrorist Asset-Freezing etc. Act 2010 (Overseas Territories) Order 2011 and shall come into force on 31st March 2011.
Extent and Interpretation
2.—(1) This Order shall extend to the territories listed in Schedule 1.
(2) In the application of this Order to any of the said territories—
(a)
(a) “the Territory” means that territory; and
(b)
(b) any reference to “the Governor” means the Governor or other officer administering the Government of that territory.
Extension of Act to territories
3.—(1) Schedule 2 of this Order sets out Part 1 (including Part 1 of Schedule 2) of the Terrorist Asset-Freezing etc. Act 2010 (the “Act”) as modified in its application to the territories listed in Schedule 1.
(2) In its application to the Sovereign Base Areas of Akrotiri and Dhekelia the Act, shall additionally be subject to the modifications specified in Schedule 3 hereto.
Exercise of powers of the Governor
4. The Governor may, to such extent and subject to such restrictions and conditions as he may think proper, delegate, or authorise the delegation of, any of his powers under this Order to any person, or class or description of persons, approved by him, and references in this Order to the Governor shall be construed accordingly.
Judith Simpson
Clerk of the Privy Council
SCHEDULE 1
Article 2(1)
SCHEDULE 1
Anguilla
Bermuda
British Antarctic Territory
British Indian Ocean Territory
Falkland Islands
Montserrat
Pitcairn, Henderson, Ducie and Oeno Islands
St Helena, Ascension and Tristan de Cunha
South Georgia and the South Sandwich Islands
Sovereign Base Areas of Akrotiri and Dhekelia
Turks and Caicos Islands
Virgin Islands
SCHEDULE 2
Article 3(1)
SCHEDULE 2
Modifications to be made in the extension of Part 1 of the Terrorist Asset-Freezing etc. Act 2010 to the Territories specified in Schedule 1.
1. For the word “Treasury” wherever it occurs there shall be substituted the word “Governor”.
2. For the words “United Kingdom” wherever they occur there shall be substituted the word “Territory”, except where the words “United Kingdom” are introduced by any of the subsequent modifications.
3. Except for in Schedule 3, for the words “High Court” wherever they occur shall be substituted the words “Supreme Court”.
4. For section 1 substitute—
“In this Part “designated person” means a person designated by the Governor for the purposes of this Part.”
5. For section 2(4) substitute the following sections—
“4 In this section “terrorism” means the use or threat of action where—
(a) the action falls within subsection (5),
(b) the use or threat is designed to influence the government or an international governmental organisation or to intimidate the public or a section of the public, and
(c) the use or threat is made for the purpose of advancing a political, religious, racial or ideological cause.
5 Action falls within this subsection if it—
(a) involves serious violence against a person;
(b) involves serious damage to property;
(c) endangers a person’s life, other than that of the person committing the action;
(d) creates a serious risk to the health or safety of the public or a section of the public; or
(e) is designed seriously to interfere with or seriously to disrupt an electronic system.
6 The use or threat of action falling within subsection (5) which involves the use of firearms or explosives is terrorism whether or not subsection 4(b) is satisfied.
7 In this section—
(a) “action” includes action outside the Territory;
(b) a reference to any person or to a property is a reference to any person, or to property, wherever situated;
(c) a reference to the public includes a reference to the public of a country other than the Territory; and
(d) “the government” means the government of the Territory or of a country other than the Territory.
8 A reference in subsection (1)(b) above to financial restrictions includes a reference to restrictions relating to economic resources.”
6. In section 6(2), for “(4)” substitute “(8)”.
7. In section 10(7), omit “(in Scotland, the Court of Session)” and “(in Scotland, and interdict)”.
8. In section 16, for section 16(3)(a) substitute “is a benefit paid by the Government of the Territory relating to social security or pensions (irrespective of the name or nature of the benefit), and”.
9. In section 17, sub-section (2) shall be omitted.
10. In section 23(1), substitute—
“1 The Governor may disclose any information obtained by him in exercise of his powers under this Part (including any document so obtained and any copy or extract made of any document so obtained)—
(a) to a police officer;
(b) to any person holding or acting in any office under or in the service of—
(i) the Crown in right of the Government of the Territory,
(ii) the Crown in right of the Government of the United Kingdom, or the Crown in right of the Scottish Administration, the Northern Ireland Administration or the welsh Assembly Government,
(iii) the States of Jersey, Guernsey or Alderney or the Chief Pleas of Sark,
(iv) the Government of the Isle of Man, or
(v) the Government of any other British overseas territory;
(c) to any law officer of the Crown for Jersey, Guernsey or the Isle of Man or any agency with responsibility in the Territory or any other British overseas territory for receiving, requesting, analysing and disseminating disclosures made under the law relating to money laundering or the financing of terrorism;
(d) to the Legal Services Commission, the Scottish Legal Aid Board or the Northern Ireland Legal Services Commission;
(e) to the Financial Services Authority, the Jersey Financial Services Commission, the Guernsey Financial Services Commission, the Isle of Man Insurance and Pensions Authority, the Isle of Man Financial Supervision Commission and the relevant authority with responsibility in the Territory or any other British overseas territory for the regulation and supervision of financial services business;
(f) for the purpose of giving assistance or co-operation, pursuant to the relevant Security Council resolutions, to—
(i) any organ of the United Nations, or
(ii) any person in the service of the United Nations, the Council of the European Union, the European Commission or the Government of any country;
(g) with a view to instituting, or otherwise for the purposes of, any proceedings—
(i) in the Territory, for an offence under this Part, or
(ii) in the United Kingdom, any of the Channel Islands, the Isle of Man or any other British overseas territory, for an offence under a similar provision in any such jurisdiction; or
(h) with the consent of a person who, in their own right, is entitled to the information or to possession of the document, copy or extract, to any third party.”
11. In the heading for section 24, omit “UK or international”.
12.—(1) Omit section 25(2).
(2) In section 25(3), for “counsel or solicitor” substitute for “representative”.
(3) In section 25(6), omit “(in Scotland, to confidentiality of communications)”.
13. In section 26(2), omit “or, in Scotland, the Court of Session”.
14. In section 27(2), omit “or, in Scotland, the Court of Session,”
15. Omit section 28.
16. Omit section 29.
17. Omit section 30.
18. Omit section 31.
19.—(1) Omit section 32(3) and (5).
(2) In section 32(1)(b) and section 32(2)(b), for “the relevant maximum” substitute “12 months”.
(3) In section 32(4), for “the relevant maximum” substitute “6 months” and for “level 5 on the standard scale” substitute “statutory...
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