Search Legislation

Sanctions and Anti-Money Laundering Act 2018

What Version

 Help about what version

Advanced Features

 Help about advanced features

Status:

This version of this schedule contains provisions that are prospective. Help about Status

Close

Status

The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:

  1. where the provision (Part, Chapter or section) has never come into force or;
  2. where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.

Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.

Changes to legislation:

There are currently no known outstanding effects for the Sanctions and Anti-Money Laundering Act 2018, SCHEDULE 3. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Prospective

Section 59(4) and (5)

SCHEDULE 3E+W+S+N.I.Consequential amendments

PART 1 E+W+S+N.I.Amendments consequential on Parts 1 and 2

Immigration Act 1971 (c. 77)E+W+S+N.I.

1(1)Section 8B of the Immigration Act 1971 (persons excluded from the United Kingdom under international obligations) is amended as follows.E+W+S+N.I.

(2)In the heading for “international obligations” substitute “ certain instruments ”.

(3)For subsection (4) substitute—

(4)Excluded person” means—

(a)a person named by or under, or of a description specified in, an instrument falling within subsection (5), or

(b)a person who under regulations under section 1 of the Sanctions and Anti-Money Laundering Act 2018 is an excluded person for the purposes of this section (see section 4 of that Act).

(4)In subsection (5A)(b), for the words from the beginning to “that subsection” substitute “ the person is within subsection (4)(a) and not within subsection (4)(b) and has been exempted from the application of subsection (1), (2) or (3), as the case may be, ”.

(5)After subsection (5A) insert—

(5B)In relation to any person within subsection (4)(b), subsections (1) to (3) are subject to any exception created under, or direction given by virtue of, section 15(4) of the Sanctions and Anti-Money Laundering Act 2018 (power to create exceptions etc).

Senior Courts Act 1981 (c. 54)E+W+S+N.I.

2In paragraph 2 of Schedule 1 to the Senior Courts Act 1981 (business allocated to the Queen's Bench Division), after sub-paragraph (be) insert—E+W+S+N.I.

(bf)all proceedings—

(i)on an application under section 38 of the Sanctions and Anti-Money Laundering Act 2018 (court review of decisions), or

(ii)on a claim arising from any matter to which such an application relates;”.

Regulation of Investigatory Powers Act 2000 (c. 23)E+W+S+N.I.

3(1)Section 18 of the Regulation of Investigatory Powers Act 2000 (exceptions to matters excluded from legal proceedings) is amended as follows.E+W+S+N.I.

(2)In subsection (1), after paragraph (de) insert—

(df)any proceedings—

(i)on an application under section 38 of the Sanctions and Anti-Money Laundering Act 2018 (court review of decisions), or

(ii)on a claim arising from any matter to which such an application relates,

or any proceedings arising out of such proceedings;.

(3)In subsection (2), after paragraph (zd) insert—

(ze)in the case of proceedings falling within paragraph (df), to—

(i)a person, other than the Secretary of State or the Treasury (as the case may be), who is or was a party to the proceedings, or

(ii)any person who for the purposes of the proceedings (but otherwise than by virtue of appointment as a special advocate) represents a person falling within sub-paragraph (i);.

Serious Organised Crime and Police Act 2005 (c. 15)E+W+S+N.I.

4In section 61(1) of the Serious Organised Crime and Police Act 2005 (offences to which investigatory powers etc apply), after paragraph (i) insert—E+W+S+N.I.

(j)any offence under regulations under section 1 of the Sanctions and Anti-Money Laundering Act 2018 (sanctions regulations) which is specified by those regulations by virtue of section 17(8) of that Act.

Serious Crime Act 2007 (c. 27)E+W+S+N.I.

5(1)Schedule 1 to the Serious Crime Act 2007 (offences in relation to which a serious crime prevention order may be made) is amended as follows.E+W+S+N.I.

(2)In paragraph 13B after sub-paragraph (5) insert—

(5A)An offence under regulations made under section 1 of the Sanctions and Anti-Money Laundering Act 2018.

(3)In paragraph 16MA after sub-paragraph (5) insert—

(5A)An offence under regulations made under section 1 of the Sanctions and Anti-Money Laundering Act 2018.

(4)In paragraph 29A after sub-paragraph (5) insert—

(5A)An offence under regulations made under section 1 of the Sanctions and Anti-Money Laundering Act 2018.

(5)In the italic headings before each of paragraphs 13B, 16MA and 29A, omit “Financial”.

Crime and Courts Act 2013 (c. 22)E+W+S+N.I.

6(1)Part 2 of Schedule 17 to the Crime and Courts Act 2013 (offences in relation to which a deferred prosecution agreement may be entered into) is amended as follows.E+W+S+N.I.

(2)In paragraph 26A, after sub-paragraph (5) insert—

(5A)An offence under regulations made under section 1 of the Sanctions and Anti-Money Laundering Act 2018 (sanctions regulations).

(3)After paragraph 27 insert—

27AAn offence under regulations made under section 49 of the Sanctions and Anti-Money Laundering Act 2018 (money laundering and terrorist financing etc).

Investigatory Powers Act 2016 (c. 25)E+W+S+N.I.

7In Schedule 3 to the Investigatory Powers Act 2016 (exceptions to section 56), after paragraph 9 insert—E+W+S+N.I.

Sanctions proceedingsE+W+S+N.I.

9A(1)Section 56(1) does not apply in relation to any proceedings—

(a)on an application under section 38 of the Sanctions and Anti-Money Laundering Act 2018 (court review of decisions), or

(b)on a claim arising from any matter to which such an application relates,

or any proceedings arising out of such proceedings.

(2)But sub-paragraph (1) does not permit the disclosure of anything to—

(a)any person, other than the Secretary of State or the Treasury (as the case may be), who is or was a party to the proceedings, or

(b)any person who—

(i)represents such a person for the purposes of the proceedings, and

(ii)does so otherwise than by virtue of appointment as a special advocate.

Policing and Crime Act 2017 (c. 3)E+W+S+N.I.

8(1)Part 8 of the Policing and Crime Act 2017 (financial sanctions) is amended as follows.E+W+S+N.I.

(2)In section 143(4) (meaning of “financial sanctions legislation”) after paragraph (e) insert—

(f)a provision of regulations made under section 1 of the Sanctions and Anti-Money Laundering Act 2018 that contains a prohibition or requirement imposed for a purpose mentioned in section 3(1) or (2) of that Act.

(3)After section 143(4) insert—

(4A)But “financial sanctions legislation” does not include any provision of regulations made under section 1 of the Sanctions and Anti-Money Laundering Act 2018 which is specified in the regulations as a provision to be regarded as not being financial sanctions legislation for the purposes of this Part.

(4)Omit sections 152 to 156 (avoidance of delay: temporary regulations).

PART 2 E+W+S+N.I.Repeals etc consequential on repeals in Terrorist Asset-Freezing etc Act 2010

Repeals and revocationsE+W+S+N.I.

9The following provisions are repealed or revoked—E+W+S+N.I.

TitleExtent of repeal or revocation
Senior Courts Act 1981In Schedule 1, paragraph 2(bc).
Regulation of Investigatory Powers Act 2000In section 18, subsection (1)(dc) and, in subsection (2)(zb), the words “or (dc)”.
Counter-Terrorism Act 2008Section 28(2)(d).
Charities Act 2011In section 178(1), in Case J, paragraph (a).
Electronic Money Regulations 2011 (S.I. 2011/99)In regulation 13(8)(d), the words “the Terrorist Asset-Freezing etc Act 2010,”.
Legal Aid, Sentencing and Punishment of Offenders Act 2012In Schedule 5, paragraph 71.
Financial Services Act 2012In Schedule 18, paragraph 132.
Counter-Terrorism and Security Act 2015Section 45(2).
Section 46(1)(b).
Section 49(4)(c).
Investigatory Powers Act 2016In Schedule 3, paragraph 11.
In Schedule 10, paragraph 25.
Payment Services Regulations 2017 (S.I. 2017/752)Regulation 14(5)(e).
Sanctions and Anti-Money Laundering Act 2018In section 49(3), in the definition of “terrorist financing”, paragraph (d).

Consequential amendmentE+W+S+N.I.

10In Schedule 3 to the Investigatory Powers Act 2016 (exceptions to section 56), in paragraph 12, for “neither paragraph 10 nor paragraph 11 permits” substitute “ paragraph 10 does not permit ”.E+W+S+N.I.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources