Counter-Terrorism Act 2008

Counter-Terrorism Act 2008

2008 CHAPTER 28

Commentary on Sections

Part 6 – Financial Restrictions Proceedings

CHAPTER 1 – Application to set aside financial restrictions decision

Section 63 – Application to set aside financial restrictions decision

187. Subsection (1) applies this section to any decision of the Treasury in the exercise of their functions under:

a)

the UN Terrorism Orders (defined below),

b)

Part 2 of the Anti-Terrorism, Crime and Security Act 2001, or

c)

Schedule 7 to this Act.

188. Subsection (2) creates a statutory power for a person affected by such a decision to apply to have it set aside.

189. Subsection (3) provides that the court shall apply judicial review principles to any such application. Subsections (4) and (5) set the scope of the court’s power to grant relief if it concludes that a decision should be set aside.

190. Subsections (6) and (7) apply the section to any application made after the commencement of the section including where the decision of the Treasury to which the application relates was taken before commencement.