Textual Amendments
F1Word in Sch. 1 heading substituted (27.4.2017 for specified purposes, 31.1.2018 in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 16(2); S.I. 2018/78, reg. 5(1)(c)
16(1)If—U.K.
(a)a person disposes of property earmarked as terrorist property, and
(b)the person who obtains it on the disposal does so in good faith, for value and without notice that it was earmarked,
the property may not be followed into that person’s hands and, accordingly, it ceases to be earmarked.
(2)If—
(a)in pursuance of a judgment in civil proceedings (whether in the United Kingdom or elsewhere), the defendant makes a payment to the claimant or the claimant otherwise obtains property from the defendant,
(b)the claimant’s claim is based on the defendant’s criminal conduct, and
(c)apart from this sub-paragraph, the sum received, or the property obtained, by the claimant would be earmarked as terrorist property,
the property ceases to be earmarked.
In relation to Scotland, “claimant” and “defendant” are to be read as “pursuer” and “defender”; and, in relation to Northern Ireland, “claimant” is to be read as “plaintiff”.
(3)If—
(a)a payment is made to a person in pursuance of a compensation order under Article 14 of the Criminal Justice (Northern Ireland) Order 1994 (S.I. 1994/2795 (N.I. 15)), section 249 of the Criminal Procedure (Scotland) Act 1995 (c. 46) or [F2Chapter 2 of Part 7 of the Sentencing Code], [F3or in pursuance of a service compensation order under the Armed Forces Act 2006,] and
(b)apart from this sub-paragraph, the sum received would be earmarked as terrorist property,
the property ceases to be earmarked.
(4)If—
(a)a payment is made to a person in pursuance of a restitution order under section 27 of the Theft Act (Northern Ireland) 1969 (c.16 (NI)) [F4or a restitution order within the meaning given by section 147 of the Sentencing Code] or a person otherwise obtains any property in pursuance of such an order, and
(b)apart from this sub-paragraph, the sum received, or the property obtained, would be earmarked as terrorist property,
the property ceases to be earmarked.
(5)If—
(a)in pursuance of an order made by the court under section 382(3) or 383(5) of the Financial Services and Markets Act 2000 (c. 8) (restitution orders), an amount is paid to or distributed among any persons in accordance with the court’s directions, and
(b)apart from this sub-paragraph, the sum received by them would be earmarked as terrorist property,
the property ceases to be earmarked.
(6)If—
(a)in pursuance of a requirement of the [F5Financial Conduct Authority, the Prudential Regulation Authority or the Bank of England under or by virtue of] section 384(5) of the Financial Services and Markets Act 2000 (c. 8) (power F6... to require restitution), an amount is paid to or distributed among any persons, and
(b)apart from this sub-paragraph, the sum received by them would be earmarked as terrorist property,
the property ceases to be earmarked.
(7)Where—
(a)a person enters into a transaction to which paragraph 13(2) applies, and
(b)the disposal is one to which sub-paragraph (1) applies,
this paragraph does not affect the question whether (by virtue of paragraph 13(2)) any property obtained on the transaction in place of the property disposed of is earmarked.
Textual Amendments
F2Words in Sch. 1 para. 16(3)(a) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 180(2) (with Sch. 27); S.I. 2020/1236, reg. 2
F3Words in Sch. 1 para. 16(3)(a) inserted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 196; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
F4Words in Sch. 1 para. 16(4)(a) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 180(3) (with Sch. 27); S.I. 2020/1236, reg. 2
F5Words in Sch. 1 para. 16(6) substituted (1.4.2013) by Financial Services Act 2012 (c. 21), s. 122(3), Sch. 18 para. 93(a) (with Sch. 20); S.I. 2013/423, art. 3, Sch.
F6Words in Sch. 1 para. 16(6) omitted (1.4.2013) by virtue of Financial Services Act 2012 (c. 21), s. 122(3), Sch. 18 para. 93(b) (with Sch. 20); S.I. 2013/423, art. 3, Sch.
Modifications etc. (not altering text)
C1Sch. 1 para. 16(3) modified (24.4.2009 for specified purposes, 31.10.2009 in so far as not already in force) by The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059), art. 1(3), Sch. 1 para. 50