Terrorist Asset-Freezing etc. Act 2010
Act of the Parliament of the United Kingdom
From Wikipedia, the free encyclopedia
The Terrorist Asset-Freezing etc. Act 2010 (c. 38) is an act of the Parliament of the United Kingdom that makes provision for the freezing of the funds and economic resources of persons believed or suspected to be, or to have been, involved in terrorist activities, replacing on a permanent statutory footing the temporary regime created by the Terrorist Asset-Freezing (Temporary Provisions) Act 2010.[1]
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| Act of Parliament | |
| |
| Long title | An Act to make provision for imposing financial restrictions on, and in relation to, certain persons believed or suspected to be, or to have been, involved in terrorist activities; to amend Schedule 7 to the Counter-Terrorism Act 2008; and for connected purposes. |
|---|---|
| Citation | 2010 c. 38 |
| Territorial extent | United Kingdom[b] |
| Dates | |
| Royal assent | 16 December 2010 |
| Commencement | |
| Other legislation | |
| Amends |
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| Repeals/revokes | See § Repealed enactments |
| Amended by |
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| Relates to | Terrorist Asset-Freezing (Temporary Provisions) Act 2010 |
Status: Partially repealed | |
| Text of statute as originally enacted | |
| Revised text of statute as amended | |
| Text of the Terrorist Asset-Freezing etc. Act 2010 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk. | |
Background
The act was introduced following the decision of the Supreme Court of the United Kingdom in HM Treasury v Ahmed [2010] UKSC 2, given on 27 January 2010, which held that the asset-freezing orders made under the United Nations Act 1946—including the Terrorism (United Nations Measures) Order 2006—were unlawful because that act did not authorise coercive measures interfering with fundamental rights without parliamentary scrutiny.[2] The Terrorist Asset-Freezing (Temporary Provisions) Act 2010 was passed to give temporary retrospective validity to existing designations while Parliament considered permanent legislation, which took the form of this act.
Provisions
Repealed enactments
Sections 45(2) and 52(2) of the act repealed 3 enactments and revoked 13 instruments, listed in parts 1 and 2 of schedule 2 to the act, respectively.[3]
| Citation | Short title | Extent of repeal or revocation |
|---|---|---|
| SI 2001/3365 | Terrorism (United Nations Measures) Order 2001 | The whole instrument. |
| SI 2001/3801 | Financial Services and Markets Act 2000 (Consequential Amendments) (No. 2) Order 2001 | Article 2. |
| SI 2002/111 | Al-Qa’ida and Taliban (United Nations Measures) Order 2002 | Article 1(6). |
| SI 2003/1297 | Terrorism (United Nations Measures) Order 2001 (Amendment) Regulations 2003 | The whole instrument. |
| SI 2005/1525 | Terrorism (United Nations Measures) Order 2001 (Amendment) Regulations 2005 | The whole instrument. |
| SI 2005/3389 | Serious Organised Crime and Police Act 2005 (Powers of Arrest) (Consequential Amendments) Order 2005 | Article 15. |
| SI 2006/2657 | Terrorism (United Nations Measures) Order 2006 | The whole instrument. |
| SI 2007/2157 | Money Laundering Regulations 2007 | In regulation 2(1), in the definition of "terrorist financing", sub-paragraph (c). |
| SI 2007/3298 | Transfer of Funds (Information on the Payer) Regulations 2007 | In regulation 2(1), in the definition of "terrorist financing", sub-paragraph (c). |
| 2008 c. 28 | Counter-Terrorism Act 2008 | Section 64(1)(e). |
| Section 75(2)(d). | ||
| In Part 4 of Schedule 9, the entries relating to—(a) the Terrorism (United Nations Measures) Order 2001, and (b) the Terrorism (United Nations Measures) Order 2006. | ||
| SI 2009/209 | Payment Services Regulations 2009 | In regulation 13(4)(d), the words from "article 7" (where it first occurs) to "2006 or". |
| SI 2009/1747 | Terrorism (United Nations Measures) Order 2009 | The whole instrument. |
| SI 2009/1911 | Financial Restrictions Proceedings (UN Terrorism Orders) Order 2009 | The whole instrument. |
| SI 2009/1912 | Terrorism (United Nations Measures) Order (Consequential Amendments) Regulations 2009 | Regulation 4. |
| 2010 c. 2 | Terrorist Asset-Freezing (Temporary Provisions) Act 2010 | The whole act. |
| Citation | Short title | Extent of repeal |
|---|---|---|
| 2008 c. 28 | Counter-Terrorism Act 2008 | In Schedule 7—(a) paragraph 5(2)(f), (b) in paragraph 18(1), paragraph (d) and the word "or" before the paragraph, (c) in paragraph 18(2), paragraph (d) (but not the word "or" at the end of the paragraph), (d) in paragraph 28, sub-paragraph (2) and, in sub-paragraph (3), the words "or court", and (e) in paragraph 39(2), paragraph (d). |
Subsequent developments
Part 1 of the act (sections 1 to 47), together with paragraphs 6 to 8 of Part 1 of Schedule 1 and the whole of Part 1 of Schedule 2, was repealed, with the exception of section 45(1) so far as it relates to paragraphs 1 to 5 of Schedule 1, by section 59(1) of the Sanctions and Anti-Money Laundering Act 2018 (2018 c. 13), which came into force on 31 December 2020[f][4] The repeal reflected the introduction of a new UK sanctions regime following the United Kingdom's withdrawal from the European Union, superseding the asset-freezing powers created by Part 1 of the 2010 act. Parts 2 and 3 of the act remain in force.
Notes
- Section 56.
- Section 53(1).
- Section 55(4).
- Section 55(1).