The Terrorism (United Nations Measures) Order 2009

Interpretation

2.—(1) In this Order—

“the 2000 Act” means the Financial Services and Markets Act 2000(1);

“the 2006 Order” means the Terrorism (United Nations Measures) Order 2006(2);

“body corporate” includes a Scottish partnership;

“the Council Regulation” means Council Regulation (EC) No. 2580/2001(3) as amended from time to time;

“designated person” has the meaning given by article 3;

“document” includes information recorded in any form and, in relation to information recorded otherwise than in legible form, references to its production include references to producing a copy of the information in legible form;

“economic resources” means assets of every kind, whether tangible or intangible, movable or immovable, which are not funds but can be used to obtain funds, goods or services;

“financial services” (except in the title of the 2000 Act) means any service of a financial nature, including (but not limited to)—

(a)

insurance-related services consisting of—

(i)

direct life assurance;

(ii)

direct insurance other than life assurance;

(iii)

reinsurance and retrocession;

(iv)

insurance intermediation, such as brokerage and agency; and

(b)

banking and other financial services consisting of—

(i)

accepting deposits and other repayable funds;

(ii)

lending (including consumer credit, mortgage credit, factoring and financing of commercial transactions);

(iii)

financial leasing;

(iv)

payment and money transmission services (including credit, charge and debit cards, travellers’ cheques and bankers’ drafts);

(v)

providing guarantees or commitments;

(vi)

financial trading;

(vii)

participating in issues of any kind of securities (including underwriting and placement as an agent, whether publicly or privately) and providing services related to such issues;

(viii)

money brokering;

(ix)

settlement and clearing services for financial assets (including securities, derivative products and other negotiable instruments);

(x)

providing or transferring financial information, financial data processing or related software (but only by suppliers of other financial services);

(xi)

providing advisory and other auxiliary financial services in respect of any activity listed in paragraphs (i) to (x) (including credit reference and analysis, investment and portfolio research and advice, advice on acquisitions and on corporate restructuring and strategy);

“financial trading” means trading for own account or for account of customers, whether on an investment exchange, in an over-the-counter market or otherwise, in—

(a)

money market instruments (including cheques, bills and certificates of deposit);

(b)

foreign exchange;

(c)

derivative products (including futures and options);

(d)

exchange rate and interest rate instruments (including products such as swaps and forward rate agreements);

(e)

transferable securities;

(f)

other negotiable instruments and financial assets (including bullion);

“funds” means financial assets and benefits of every kind, including (but not limited to)—

(a)

cash, cheques, claims on money, drafts, money orders and other payment instruments;

(b)

deposits with relevant institutions or other persons, balances on accounts, debts and debt obligations;

(c)

publicly and privately traded securities and debt instruments, including stocks and shares, certificates representing securities, bonds, notes, warrants, debentures and derivative products;

(d)

interest, dividends or other income on or value accruing from or generated by assets;

(e)

credit, rights of set-off, guarantees, performance bonds or other financial commitments;

(f)

letters of credit, bills of lading, bills of sale;

(g)

documents providing evidence of an interest in funds or financial resources;

(h)

any other instrument of export financing;

“officer”, in relation to a body corporate, means—

(a)

in relation to a Scottish partnership, a partner or any person who has purported to act in any such capacity, and

(b)

in relation to any other body corporate, a director, manager, secretary or other similar officer of the body corporate or any person who has purported to act in any such capacity;

“the public” means the public in the whole or a part of the United Kingdom or in another country or territory, or any section of the public;

“relevant institution” means—

(a)

a person who has permission under Part 4 of the 2000 Act (permission to carry on regulated activities);

(b)

an EEA firm of the kind mentioned in paragraph 5(b) of Schedule 3 to the 2000 Act (EEA passport rights)(4) which has permission under paragraph 15 of that Schedule(5) as a result of qualifying for authorisation under paragraph 12 of that Schedule to accept deposits; and

(c)

an undertaking which by way of business operates a currency exchange office, transmits money (or any representations of monetary value) by any means or cashes cheques which are made payable to customers;

“restricted person” means—

(a)

a designated person;

(b)

a person owned or controlled, directly or indirectly, by a designated person;

(c)

a person acting on behalf of or at the direction of a designated person;

“Security Council Resolutions” means resolution 1373(2001) adopted by the Security Council of the United Nations on 28th September 2001 and resolution 1452(2002) adopted by the Security Council on 20th December 2002.

(2) The definition of “relevant institution” in paragraph (1) must be read with—

(a) section 22 of the 2000 Act (the classes of activity and categories of investment);

(b) any relevant order under that section(6); and

(c) Schedule 2 to that Act (regulated activities).

(3) For the purposes of this Order, “terrorism” means the use or threat of action where—

(a) the action falls within paragraph (4),

(b) the use or threat is designed to influence the government or an international governmental organisation or to intimidate the public or a section of the public, and

(c) the use or threat is made for the purpose of advancing a political, religious, racial or ideological cause.

(4) Action falls within this paragraph if it—

(a) involves serious violence against a person,

(b) involves serious damage to property,

(c) endangers a person’s life, other than that of the person committing the action,

(d) creates a serious risk to the health or safety of the public or a section of the public, or

(e) is designed seriously to interfere with or seriously to disrupt an electronic system.

(5) The use or threat of action falling within paragraph (4) which involves the use of firearms or explosives is terrorism whether or not paragraph (3)(b) is satisfied.

(6) In paragraphs (3), (4) and (5)—

(a) “action” includes action outside the United Kingdom,

(b) a reference to any person or to property is a reference to any person or property, wherever situated, and

(c) “the government” means the government of the United Kingdom, of a part of the United Kingdom or of a country other than the United Kingdom.

(1)

2000 c.8.

(2)

S.I. 2006/2657.

(3)

OJ No L 344, 28.12.2001, most recently amended by Council Decision 2009/62/EC of 26th January 2009 (OJ No L23, 27.01.09, p.25).

(4)

As amended by S.I. 2006/3221.

(5)

As amended by S.I. 2003/2066 and S.I. 2007/3253.

(6)

Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 (S.I. 2001/544) as amended, most recently by the Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No. 2) Order 2007 (S.I. 2007/3510).