Part 6Financial restrictions proceedings
Chapter 1Application to set aside financial restrictions decision
63Application to set aside financial restrictions decision
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,
F3aa
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F4ab
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F1ac
the Libya (Asset-Freezing) Regulations 2011(S.I. 2011/605),
F2ad
the Afghanistan (Asset-Freezing) Regulations 2011 (S.I. 2011/1893),
F7ae
the ISIL (Da’esh) and Al-Qaida (Asset-Freezing) Regulations 2011 (S.I. 2011/2742 as renamed by S.I. 2016/937),
F6af
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F5ag
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.