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Counter-Terrorism Act 2008

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63Application to set aside financial restrictions decisionU.K.

This section has no associated Explanatory Notes

(1)This section applies to any decision of the Treasury in connection with the exercise of any of their functions under—

(a)the UN terrorism orders,

F1(aa). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2(ab). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F3(ac)the Libya (Asset-Freezing) Regulations 2011(S.I. 2011/605),]

[F4(ad)the Afghanistan (Asset-Freezing) Regulations 2011 (S.I. 2011/1893),]

[F5(ae)the ISIL (Da’esh) and Al-Qaida (Asset-Freezing) Regulations 2011 (S.I. 2011/2742 as renamed by S.I. 2016/937),]

F6(af). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F7(ag)the Iran (European Union Financial Sanctions) Regulations 2016 (S.I 2016/36),]

(b)Part 2 of the Anti-terrorism, Crime and Security Act 2001 (c. 24) (freezing orders), or

(c)Schedule 7 to this Act (terrorist financing, money laundering and certain other activities: financial restrictions).

(2)Any person affected by the decision may apply to the High Court or, in Scotland, the Court of Session to set aside the decision.

(3)In determining whether the decision should be set aside the court shall apply the principles applicable on an application for judicial review.

(4)If the court decides that a decision should be set aside it may make any such order, or give any such relief, as may be made or given in proceedings for judicial review.

(5)Without prejudice to the generality of subsection (4), if the court sets aside a decision of the Treasury—

(a)to give a direction under any of the UN terrorism orders,

(b)to make a freezing order under Part 2 of the Anti-terrorism, Crime and Security Act 2001 (c. 24), or

(c)to give a direction or make an order under Schedule 7 to this Act,

the court must quash the relevant direction or order.

(6)This section applies whether the decision of the Treasury was made before or after the commencement of this section.

(7)After the commencement of this section an application to set aside a decision of the Treasury to which this section applies must be made under this section.

(8)This section does not apply to any decision of the Treasury to make an order under paragraph 8 or 28(6) of Schedule 7 to this Act.

Textual Amendments

F6S. 63(1)(af) repealed (coming into force at 4.00 pm on 18.1.2016) by The Iran (European Union Financial Sanctions) Regulations 2016 (S.I. 2016/36), regs. 1(1), 20(2) (with regs. 18, 21)

F7S. 63(1)(ag) inserted (coming into force at 4.00 pm on 18.1.2016) by The Iran (European Union Financial Sanctions) Regulations 2016 (S.I. 2016/36), regs. 1(1), 19 (with regs. 18, 21)

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