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 suspected of terrorist activities. This ensured the legality of actions taken under these Orders until the end of 2010, retroactively covering actions taken in early 2010.
Description
This Act addressed the potential invalidity of several Orders in Council (Orders) related to freezing the assets of suspected terrorists. These Orders, issued under the United Nations Act 1946, had imposed sanctions including asset freezes, travel bans and other restrictions. The Act retrospectively validated these Orders from February 4th 2010 until December 31st 2010, confirming actions taken under them as legal. Specifically, the Act validated the following Orders: the Terrorism (United Nations Measures) Order 2001 (and its related orders for the Channel Islands, Isle of Man, and Overseas Territories); the Terrorism (United Nations Measures) Order 2006; and the Terrorism (United Nations Measures) Order 2009. The Act ensured the continued effectiveness of directions, licenses, prohibitions, and obligations imposed by these Orders, confirming the legal force of these measures and maintaining potential criminal liability for non-compliance.
Retroactive Validation:
The Act also protects actions taken between February 4th, 2010, and the Act's passing, ensuring the legality of actions taken during this period. This safeguard applies to individuals and organisations who acted in compliance with the Orders, even before their validity was formally confirmed.
Government Spending
The Act did not directly involve new government spending. Its purpose was to legitimize existing measures and protect against potential legal challenges, thus preventing possible future liabilities.
Groups Affected
- Individuals and entities subject to asset freezes: The Act confirmed the legality of asset freezes imposed under the Orders.
- Government agencies and law enforcement: The Act protected them from legal challenges concerning actions taken under the Orders during the specified period.
- Financial institutions: The Act clarified their obligations concerning compliance with the asset freezes.
- Individuals and businesses that complied with the orders: The Act retroactively validated their compliance.
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