The Proscribed Organisations (Applications for Deproscription) Regulations 2001

Statutory Instruments

2001 No. 107

PREVENTION AND SUPPRESSION OF TERRORISM

The Proscribed Organisations (Applications for Deproscription) Regulations 2001

Made

20th January 2001

Laid before Parliament

29th January 2001

Coming into force

19th February 2001

In exercise of the power conferred on me by section 4(3) of the Terrorism Act 2000(1) I hereby make the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Proscribed Organisations (Applications for Deproscription) Regulations 2001 and shall come into force on 19th February 2001.

Interpretation

2.  In these Regulations—

“the 2000 Act” means the Terrorism Act 2000; and

“an application” means an application to the Secretary of State for the exercise of his power under section 3(3)(b) of the 2000 Act to remove an organisation from Schedule 2 to that Act.

Application for deproscription

3.—(1) An application may be made at any time after the organisation in question has been proscribed.

(2) An application must be made in writing and must state—

(a) the name of the organisation to which the application relates;

(b) whether the application is being made by the organisation or by a person affected by the organisation’s proscription; and

(c) the grounds on which the application is being made.

Application by organisation—additional information

4.  Where the application is being made by the organisation the application must also state:

(a) the name and address of the person submitting the application; and

(b) the position which he holds in the organisation or his authority to act on behalf of the organisation, and must be signed by him.

Application by person affected by proscription—additional information

5.  Where the application is made by a person affected by the organisation’s proscription the application must also state—

(a) the manner in which the applicant is so affected; and

(b) the applicant’s name and address, and must be signed by him.

Address for sending or delivery

6.  An application must be sent or delivered to the Organised and International Crime Directorate of the Home Office.

Change of Address

7.  The person whose name and address are stated under regulation 4(a) or 5(b) above must inform the Secretary of State if the address changes.

Period of Determination

8.  The Secretary of State shall determine an application within a period of 90 days from (but excluding) the day on which he receives the application.

Refusal to deproscribe

9.  Where the Secretary of State refuses an application he shall immediately in writing inform the applicant of his refusal and notify the applicant of the procedures for appealing against the refusal to the Proscribed Organisations Appeals Commission.

Jack Straw

One of Her Majesty’s Principal Secretaries of State

Home Office

20th January 2001

Explanatory Note

(This note is not part of the Regulations)

These Regulations prescribe the procedure for applications to the Secretary of State for the exercise of his power to remove an organisation from the list of proscribed organisations in Schedule 2 to the Terrorism Act 2000.

(1)

2000 c. 11.