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by Munro Research

Terrorist Asset-Freezing (Temporary Provisions) Act 2010


Official Summary

Make a provision for the temporary validity of certain Orders in Council imposing financial restrictions on, and in relation to, persons suspected of involvement in terrorist activity; and for connected purposes.

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Overview

The Terrorist Asset-Freezing (Temporary Provisions) Act 2010 temporarily validated several Orders in Council that imposed financial restrictions on individuals and entities suspected of terrorist activities. These Orders, previously potentially legally questionable, were retrospectively confirmed as lawful for a limited period.

Description

This Act addressed concerns about the legal validity of several Orders in Council (Orders) issued under the United Nations Act 1946 to freeze the assets of suspected terrorists. These Orders (listed in the Act) were created at various times between 2001 and 2009. The Act ensured these Orders were deemed legally sound from the Act's passage until December 31, 2010.

Key Provisions:
  • Retroactive Validation: The Act retrospectively validated actions taken under these Orders, ensuring actions taken were lawful even if the Orders themselves were previously subject to legal challenge.
  • Continued Effect: Existing directions, licenses, prohibitions, and obligations imposed by the Orders remained in effect. New directions and licenses could also be issued under these Orders.
  • Protection from Legal Challenge: Actions taken by non-Treasury entities were protected, ensuring individuals acted lawfully even if there was later a legal issue with the Orders.
  • Geographical Extent: The Act's provisions extend to England, Wales, Scotland, Northern Ireland, the Channel Islands, the Isle of Man, and specific overseas territories.

Government Spending

The Act itself did not directly involve government spending. However, the continued enforcement of asset freezes may have incurred administrative costs for relevant government agencies involved in implementing and maintaining the sanctions outlined in the various Orders.

Groups Affected

This Act primarily affected:

  • Individuals and entities suspected of terrorist activities: Their assets remained frozen under the validated Orders.
  • Financial institutions and businesses: These entities were bound by the asset-freezing measures and needed to adhere to the legal requirements.
  • Government agencies: Agencies responsible for enforcing the Orders were protected from legal challenges related to the validity of their actions.
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