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United Kingdom Statutory Instruments |
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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Terrorism (United Nations Measures) (Overseas Territories) Order 2001 URL: http://www.bailii.org/uk/legis/num_reg/2001/20013366.html |
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| Made | 9th October 2001 | ||
| Laid before Parliament | 9th October 2001 | ||
| Coming into force | 10th October 2001 |
(5) An offence may be committed under Article 3, 4, 5, 6, 7, 9 or 10 by, and a direction may be given under Article 5 or 9 to, any person within the Territory or any person elsewhere who:
Interpretation
2.
In this Order the following expressions have, except where otherwise expressly provided, the meanings hereby respectively assigned to them, that is to say -
(c) the use or threat of action falling within sub-paragraph (b) which involves the use of firearms or explosives is terrorism whether or not sub-paragraph (a)(ii) is satisfied;
(d) in sub-paragraphs (a), (b) and (c) -
Collection of funds
3.
- (1) Any person who invites another to provide funds, and intends that they should be used, or knows that they may be used, for the purposes of terrorism, is guilty of an offence under this Order.
(2) Any person who receives funds, and intends that they should be used, or knows that they may be used, for the purposes of terrorism, is guilty of an offence under this Order.
(3) Any person who provides funds, and intends that they should be used, or knows that they may be used, for the purposes of terrorism, is guilty of an offence under this Order.
(4) In this section a reference to the provision of funds is a reference to them being given, lent or otherwise made available, whether or not for consideration.
Making funds available
4.
Any person who, except under the authority of a licence granted by the Governor under this article, makes any funds or financial (or related) services available directly or indirectly to or for the benefit of -
is guilty of an offence under this Order.
Freezing of funds
5.
- (1) Where the Governor has reasonable grounds for suspecting that the person by, for or on behalf of whom any funds are held is or may be -
the Governor may by notice direct that those funds are not to be made available to any person, except under the authority of a licence granted by the Governor under this article.
(2) A direction given under paragraph (1) shall specify either -
(3) The Governor may by notice revoke a direction given under paragraph (1) at any time.
(4) The expiry or revocation of a direction shall not affect the application of article 4 in respect of the funds in question.
(5) A notice under paragraph (1) or (3) shall be given in writing to the person holding the funds in question ("the recipient"), and shall require the recipient to send a copy of the notice without delay to the person whose funds they are, or for or on whose behalf they are held ("the owner").
(6) A recipient shall be treated as complying with that requirement if, without delay, he sends a copy of the notice to the owner at his last-known address or, if he does not have an address for the owner, he makes arrangements for a copy of the notice to be supplied to the owner at the first available opportunity.
(7) Where a direction has been given under paragraph (1), any person by, for or on behalf of whom those funds are held may apply to the Supreme Court for the direction to be set aside; and on such application the court may set aside the direction.
(8) A person who makes an application under paragraph (7) shall give a copy of the application and any witness statement or affidavit in support to the Governor (and to any other person by, for or on behalf of whom those funds are held), not later than seven days before the date fixed for the hearing of the application.
(9) Any person who contravenes a direction given under paragraph (1) is guilty of an offence under this Order.
(10) A recipient who fails to comply with such a requirement as is mentioned in paragraph (5) is guilty of an offence under this Order.
Facilitation of activities prohibited under articles 3, 4 and 5(9)
6.
Any person who intentionally engages in any activities knowing that the object or effect of those activities is to enable or facilitate the commission (by that person or another) of an offence under article 3, 4 or 5(9) is guilty of an offence under this Order.
Offences in connection with licences
7.
- (1) Any person who, for the purposes of obtaining a licence under article 4 or 5, knowingly or recklessly makes any statement or furnishes any document or information which is false in a material particular is guilty of an offence under this Order.
(2) Any person who has done any act under the authority of a licence granted by the Governor under this Order and who fails to comply with any conditions attaching to that licence shall be guilty of an offence under this Order:
Provided that no person shall be guilty of an offence under this paragraph where he proves that the condition with which he failed to comply was modified, otherwise than with his consent, by the Governor after the doing of the act authorised by the licence.
Failure to disclose knowledge or suspicion of offences
8.
- (1) A relevant institution is guilty of an offence under this Order if -
(b) it does not disclose to the Governor the information or other matter on which the knowledge or suspicion is based as soon as is reasonably practicable after that information or other matters comes to its attention.
(2) Where a relevant institution discloses to the Governor -
the disclosure shall not be treated as a breach of any restriction imposed by statute or otherwise.
Obtaining of information
9.
- (1) Without prejudice to any other provision of this Order, or any provision of any other law, the Governor may direct any person to furnish to him any information in his possession or control, or to produce to him any document in his possession or control, which he may require for the purpose of securing compliance with or detecting evasion of this Order or any law making provision with respect to any of the matters regulated by this Order that is in force in the United Kingdom, any of the Channel Islands, Isle of Man or any territory to which this Order extends; and any person to whom such a direction is made shall comply with it within such time and in such manner as may be specified in the direction.
(2) Nothing in paragraph (1) shall be taken to require any person who has acted as counsel or solicitor for any person to furnish or produce any privileged information or document in his possession in that capacity.
(3) Where a person is convicted of failing to furnish information or produce a document when directed to do so under this article the court may make an order requiring him, within such period as may be specified in the order, to furnish the information or produce the document.
(4) The power conferred by this article to direct any person to produce documents shall include power to take copies of or extracts from any document so produced and to direct that person, or, where that person is a body corporate, any other person who is a present or past officer of, or is employed by, the body corporate, to provide an explanation of any of them.
(5) The furnishing of any information or the production of any document under this article shall not be treated as a breach of any restriction imposed by statute or otherwise.
(6) Any person who -
shall be guilty of an offence under this Order.
Disclosure of information
10.
- (1) No information furnished or document produced (including any copy of, or extract made from, any document produced) by a person in pursuance of a direction made under this Order shall be disclosed except:
(c) on the authority of the Governor, to any organ of the United Nations or to any person in the service of the United Nations or to the Government of any other country for the purpose of assisting the United Nations or that Government in securing compliance with or detecting evasion of measures in relation to terrorism decided upon by the Security Council of the United Nations; or
(d) with a view to the institution of, or otherwise for the purposes of, any proceedings -
(2) Any person who, without reasonable excuse, discloses information or a document in contravention of paragraph (1) is guilty of an offence.
Penalties and proceedings
11.
- (1) Any person guilty of an offence under article 3, 4, 5(9), 6 or 7(2) shall be liable:
(2) Any person guilty of an offence under article 7(1), 9(6)(b) or (d) or 10(2) shall be liable:
(3) Any person guilty of an offence under article 5(10), 8 or 9(6)(a) or (c) shall be liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding £5,000 or its equivalent or to both.
(4) Where any body corporate is guilty of an offence under this Order, and that offence is proved to have been committed with the consent of connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
(5) Summary proceedings for an offence under this Order, being an offence alleged to have been committed outside the Territory, may be instituted at any time not later than 12 months from the date on which the person charged first enters the Territory after committing the offence.
(6) Proceedings against any person for an offence under this Order may be taken before the appropriate court in the Territory having jurisdiction in the place where that person is for the time being.
(7) No proceedings for an offence under this Order shall be instituted in the Territory except by or with the consent of the principal public officer of the Territory having responsibility for criminal prosecutions.
Provided that this paragraph shall not prevent the arrest, or the issue or execution of a warrant for the arrest, of any person in respect of such an offence, or the remand in custody or on bail of any person charged with such an offence, notwithstanding that the necessary consent to the institution of proceedings for the offence has not been obtained.
Functions of the Governor
12.
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.
Licences
13.
- (1) A licence under this Order shall be in writing and may be either general or special, may be subject to or without conditions, and may be limited so as to expire on a specified date unless renewed.
(2) A special licence may be varied or revoked at any time by written notice given by the Governor to each recipient of the licence.
(3) The Governor shall publish a general licence in such manner as he thinks fit. A general licence may be varied or revoked at any time by written notice which shall be published by the Governor in the same manner as the licence.
(4) A notice under paragraph (2) may be given by post, and shall be deemed to have been given to a person if it is sent to him at his last-known address.
A.K. Galloway
Clerk to the Privy Council
2.
Any person who commits an offence under article 7(1), 9(6)(b) or (d) or 10(2) is guilty of a misdemeanour and shall be liable on conviction to imprisonment for a term not exceeding two years, or to a fine, or to both.
3.
Any person who commits an offence under article 5(10), 8 or 9(6)(a) or (c) is guilty of a misdemeanour and shall be liable on conviction to imprisonment for a term not exceeding six months, or to a fine not exceeding £5,000 or its equivalent, or to both.
4.
Where a body corporate is guilty of an offence under this Order, and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
5.
Proceedings for a misdemeanour under this Order, being an offence alleged to have been committed outside the Territory, may be instituted at any time not later than 12 months from the date on which the person charged first enters the Territory after committing the offence.
6.
Proceedings against any person for an offence under this Order may be taken before the appropriate court in the Territory having jurisdiction in the place where that person is for the time being.
7.
No proceedings for an offence under this Order shall be instituted in the Territory except by or with the consent of the principal public officer of the Territory having responsibility for criminal prosecutions:
Provided that this paragraph shall not prevent the arrest, or the issue or execution of a warrant for the arrest, of any person in respect of such an offence, or the remand in custody or on bail of any person charged with such an offence, notwithstanding that the necessary consent to the institution of proceedings for the offence has not been obtained.
[3] S.I. 1992/3218, amended by S.I.s 1993/3225, 1995/1217, 1995/1442, 1996/1669 and 1999/2094, Chapter II of Part I of Schedule 5 to the Bank of England Act 1998 (c. 11) and sections 70(1) and 79(14) of and Part II of Schedule 6 to the Criminal Justice Act 1993 (c. 36).back
