The Terrorist Asset-Freezing etc. Act 2010 (Overseas Territories) (Amendment) Order 2017
| Jurisdiction | UK Non-devolved |
| Citation | SI 2017/157 |
| Year | 2017 |
2017 No. 157
Terrorism
The Terrorist Asset-Freezing etc. Act 2010 (Overseas Territories) (Amendment) Order 2017
Made 15th February 2017
Coming into force 8th March 2017
At the Court at Buckingham Palace, the 15th day of February 2017
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, commencement, interpretation and extent
1.—(1) This Order may be cited as the Terrorist Asset-Freezing etc. Act 2010 (Overseas Territories) (Amendment) Order 2017 and comes into force on 8th March 2017.
(2) In this Order, “the principal Order” means the Terrorist Asset-Freezing etc. Act 2010 (Overseas Territories) Order 20112.
(3) This Order extends to the territories listed in Schedule 1 to the principal Order.
Amendments to the principal Order
2. The principal Order is amended in accordance with articles 3 to 5.
3. For article 3(2), substitute—
“2 In its application to the Sovereign Base Areas of Akrotiri and Dhekelia, the Falkland Islands, South Georgia and the South Sandwich Islands, and St Helena, Ascension and Tristan da Cunha, the Act is subject to the additional modifications set out in Schedule 3.”.
4.—(1) Schedule 2 is amended as follows.
(2) In paragraph 1, after ““governor””, insert “, except where the word “Treasury” is introduced by any of the subsequent modifications”.
(3) For paragraph 4, substitute—
“4. For section 1, substitute—
“(1) In this Part “designated person” means—
(a)
(a) a person designated by the Treasury in accordance with this Part as it applies in the United Kingdom;
(b)
(b) a person included in the list provided for by Article 2(3) of Council Regulation (EC) 2580/2001of 27 December 20013on specific restrictive measures directed against certain persons and entities with a view to combating terrorism; or
(c)
(c) a person designated by the Governor for the purposes of this Part.”.”
(4) In paragraph 5—
(a)
(a) renumber the existing text as subparagraph (2); and
(b)
(b) before subparagraph (2) (as renumbered), insert—
“1 After section 2(1), insert—
“(1A) Before making a final designation under subsection (1), the Governor must consult the Secretary of State.”.”.
(5) After paragraph 5, insert—
“5A. In section 4, after subsection (2), insert—
“(2A) Before renewing (or further renewing) a final designation, the Governor must consult the Secretary of State.”.
5B. In section 5(1), after “may” insert “, after consulting the Secretary of State,”.”.
(6) For paragraph 6, substitute—
“6. In section 6—
(a) after subsection (1), insert—
“(1A) Before making an interim designation under subsection (1), the Governor must consult the Secretary of State.”; and
(b) in subsection (2), for “(4)” substitute “(8)”.
6A. In section 9(1), after “may” insert “, after consulting the Secretary of State,”.”.
(7) After paragraph 7, insert—
“7A. In sections 11(3), 12(2) and 13(3), for “sections 16 and 17” substitute “sections 16, 17 and 17A”.
7B. In sections 14(2) and 15(3), for “section 17” substitute “sections 17 and 17A”.”.
(8) For paragraph 9, substitute—
“9. In section 17—
(a) omit subsection (2); and
(b) after subsection (4), insert—
“(4A) Before granting, varying or revoking a licence, the Governor must—
(a) where the licence relates to a person referred to in section 1(a) or (b), consult the Treasury; and
(b) where the licence relates to a person referred to in section 1(c), consult the Secretary of State.”.
9A. After section 17, insert—
“(17A) Licences granted outside the Territory
The prohibitions in sections 11 to 15 do not apply to anything done—
(a)
(a) outside the Territory; and
(b)
(b) under the authority of a licence granted in accordance with any provisions of the law in force in the place where it is done corresponding with the provisions of this Act.”.
9B. In sections 20(4) and 21(3), after “section 17” insert “or a licence referred to in section...
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