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.
Background The act was introduced following the decision of the Supreme Court of the United Kingdom in HM Treasury v Ahmed 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. 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Provisions Repealed enactments Sections 45(2) and 52(2) of the act repealed 3 enactments and revoked 13 instruments, listed in parts 1 and 2 of schedule 2 to the act, respectively.
+Part 1 – Terrorist asset-freezingCitationShort titleExtent of repeal or revocationSI 2001/3365Terrorism (United Nations Measures) Order 2001The whole instrument.SI 2001/3801Financial Services and Markets Act 2000 (Consequential Amendments) (No. 2) Order 2001Article 2.SI 2002/111Al-Qa’ida and Taliban (United Nations Measures) Order 2002Article 1(6).SI 2003/1297Terrorism (United Nations Measures) Order 2001 (Amendment) Regulations 2003The whole instrument.SI 2005/1525Terrorism (United Nations Measures) Order 2001 (Amendment) Regulations 2005The whole instrument.SI 2005/3389Serious Organised Crime and Police Act 2005 (Powers of Arrest) (Consequential Amendments) Order 2005Article 15.SI 2006/2657Terrorism (United Nations Measures) Order 2006The whole instrument.SI 2007/2157Money Laundering Regulations 2007In regulation 2(1), in the definition of "terrorist financing", sub-paragraph (c).SI 2007/3298Transfer of Funds (Information on the Payer) Regulations 2007In regulation 2(1), in the definition of "terrorist financing", sub-paragraph (c).2008 c. 28Counter-Terrorism Act 2008Section 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 2009/209Payment Services Regulations 2009In regulation 13(4)(d), the words from "article 7" (where it first occurs) to "2006 or".SI 2009/1747Terrorism (United Nations Measures) Order 2009The whole instrument.SI 2009/1911Financial Restrictions Proceedings (UN Terrorism Orders) Order 2009The whole instrument.SI 2009/1912Terrorism (United Nations Measures) Order (Consequential Amendments) Regulations 2009Regulation 4.2010 c. 2Terrorist Asset-Freezing (Temporary Provisions) Act 2010The whole act.
+Part 2 – Terrorist financing, money laundering etc.CitationShort titleExtent of repeal2008 c. 28Counter-Terrorism Act 2008In 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 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.
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