Anti-terrorism, Crime and Security Act 2001
2001 CHAPTER 24
An Act to amend the Terrorism Act 2000; to make further provision about terrorism and security; to provide for the freezing of assets; to make provision about immigration and asylum; to amend or extend the criminal law and powers for preventing crime and enforcing that law; to make provision about the control of pathogens and toxins; to provide for the retention of communications data; to provide for implementation of Title VI
of the Treaty on European Union; and for connected purposes.
14th December 2001]
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
1 Forfeiture of terrorist cash
(1) Schedule 1 (which makes provision for enabling cash which—
(a) is intended to be used for the purposes of terrorism,
(b) consists of resources of an organisation which is a proscribed organisation, or
(c) is, or represents, property obtained through terrorism,
to be forfeited in civil proceedings before a magistrates’ court or (in Scotland) the sheriff) is to have effect.
(2) The powers conferred by Schedule 1 are exercisable in relation to any cash whether or not any proceedings have been brought for an offence in connection with the cash.
(3) Expressions used in this section have the same meaning as in Schedule 1.
(4) Sections 24 to 31 of the Terrorism Act 2000 (c. 11) (seizure of terrorist cash) are to cease to have effect.
(5) An order under section 127 bringing Schedule 1 into force may make any modifications of any code of practice then in operation under Schedule 14 to the Terrorism Act 2000 (exercise of officers’ powers) which the Secretary of State thinks necessary or expedient.
2 Amendments relating to section 1
(1) In Schedule 2 to the Access to Justice Act 1999 (c. 22) (services excluded from the Community Legal Service) , paragraph 2 (exclusion of advocacy: exceptions) is amended as follows.
(2) In paragraph 2(2) (Crown Court) , after paragraph (c) insert— “or
(d) which relate to an order under paragraph 6 of Schedule 1 to the Anti-terrorism, Crime and Security Act 2001”,
and omit the “or” at the end of paragraph (b).
(3) In paragraph 2(3) (magistrates’ courts) , in paragraph (j) , after “1998” insert— “or
(k) for an order or direction under paragraph 3, 5, 6, 9 or 10 of Schedule 1 to the Anti-terrorism, Crime and Security Act 2001”,
and omit the “or” at the end of paragraph (i).
(4) Schedule 14 to the Terrorism Act 2000 (exercise of officers’ powers) is amended as follows.
(5) In paragraph 1—
(a) in paragraph (a) , for “section 24” substitute “ the terrorist cash provisions ”, and
(b) after paragraph (b) insert—
“and “ the terrorist cash provisions ” means Schedule 1 to the Anti-terrorism, Crime and Security Act 2001.”
(6) In paragraphs 2, 3 and 6(1) , at the end insert “or the terrorist cash provisions”.
(7) In paragraph 5, after “Act” insert “ or the terrorist cash provisions ”.
(8) In Part I of Schedule 1 to the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (S.I.1981/228 (N.I.8) ) (proceedings for which legal aid may be given under Part II of the Order) , in paragraph 3 (courts of summary jurisdiction) after sub-paragraph (h) insert—
“(i) proceedings under paragraphs 3, 5, 6, 9 and 10 of Schedule 1 to the Anti-terrorism, Crime and Security Act 2001”.
3 Terrorist property: amendments
Schedule 2 contains amendments to the Terrorism Act 2000.
4 Power to make order
(1) The Treasury may make a freezing order if the following two conditions are satisfied.
(2) The first condition is that the Treasury reasonably believe that—
(a) action to the detriment of the United Kingdom’s economy (or part of it) has been or is likely to be taken by a person or persons, or
(b) action constituting a threat to the life or property of one or more nationals of the United Kingdom or residents of the United Kingdom has been or is likely to be taken by a person or persons.
(3) If one person is believed to have taken or to be likely to take the action the second condition is that the person is—
(a) the government of a country or territory outside the United Kingdom, or
(b) a resident of a country or territory outside the United Kingdom.
(4) If two or more persons are believed to have taken or to be likely to take the action the second condition is that each of them falls within paragraph (a) or (b) of subsection (3) ; and different persons may fall within different paragraphs.
5 Contents of order
(1) A freezing order is an order which prohibits persons from making funds available to or for the benefit of a person or persons specified in the order.
(2) The order must provide that these are the persons who are prohibited—
(a) all persons in the United Kingdom, and
(b) all persons elsewhere who are nationals of the United Kingdom or are bodies incorporated under the law of any part of the United Kingdom or are Scottish partnerships.
(3) The order may specify the following (and only the following) as the person or persons to whom or for whose benefit funds are not to be made available—
(a) the person or persons reasonably believed by the Treasury to have taken or to be likely to take the action referred to in section 4;
(b) any person the Treasury reasonably believe has provided or is likely to provide assistance (directly or indirectly) to that person or any of those persons.
(4) A person may be specified under subsection (3) by—
(a) being named in the order, or
(b) falling within a description of persons set out in the order.
(5) The description must be such that a reasonable person would know whether he fell within it.
(6) Funds are financial assets and economic benefits of any kind.
6 Contents: further provisions
Schedule 3 contains further provisions about the contents of freezing orders.
7 Review of order
The Treasury must keep a freezing order under review.
8 Duration of order
A freezing order ceases to have effect at the end of the period of 2 years starting with the day on which it is made.
9 Nationals and residents
(1) A national of the United Kingdom is an individual who is—
(a) a British citizen, a British Dependent Territories citizen, a British National (Overseas) or a British Overseas citizen,
(b) a person who under the British Nationality Act 1981 (c. 61) is a British subject, or
(c) a British protected person within the meaning of that Act.
(2) A resident of the United Kingdom is—
(a) an individual who is ordinarily resident in the United Kingdom,
(b) a body incorporated under the law of any part of the United Kingdom, or
(c) a Scottish partnership.
(3) A resident of a country or territory outside the United Kingdom is—
(a) an individual who is ordinarily resident in such a country or territory, or
(b) a body incorporated under the law of such a country or territory.
(4) For the purposes of subsection (3) (b) a branch situated in a country or territory outside the United Kingdom of—
(a) a body incorporated under the law of any part of the United Kingdom, or
(b) a Scottish partnership,
is to be treated as a body incorporated under the law of the country or territory where the branch is situated.
(5) This section applies for the purposes of this Part.
Orders: procedure etc.