The Counter-Terrorism (Sanctions) (Overseas Territories) Order 2020

Article 4

SCHEDULE 3 Modifications to be made in the extension of certain provisions of the Sanctions and Anti-Money Laundering Act 2018 to each British overseas territory listed in Schedule 1

1.  In section 22 (power to vary or revoke designations made under regulations)—

(a) in subsection (1)—

(i) in the definition of “a relevant designation”, for “regulations under section 1” substitute “regulation 5 (power to designate persons) of the Counter-Terrorism (Sanctions) (EU Exit) Regulations 2019 (as they have effect in the Territory)”;

(ii) for the definition of “the Minister” substitute—

““the Governor” has the meaning given in regulation 2 (interpretation) of the Counter-Terrorism (Sanctions) (EU Exit) Regulations 2019 (as they have effect in the Territory).”;

(b) in subsection (2), for “Minister” substitute “Governor after consulting the Secretary of State”;

(c) in subsection (3), for “Minister”, in both places it occurs, substitute “Governor”;

(d) for subsection (4) substitute—

“(4) In subsection (3) “the required conditions” means the criteria in regulation 6(1) (designation criteria) of the Counter-Terrorism (Sanctions) (EU Exit) Regulations 2019 (as they have effect in the Territory) (reading regulation 6(1)(b) as if references to the designation were references to leaving the designation in place).”;

(e) at the end insert—

“(5) In the application of this section to a particular British overseas territory, the expression “the Territory” means that territory.”

2.  In section 23 (right to request variation or revocation of designation)—

(a) for “Minister”, in each place it occurs, substitute “Governor”;

(b) in subsection (4), in the definition of “the designated person”, omit “or, where the designation is of persons of a specified description, any person of that description”.

3.  In section 24 (periodic review of certain designations)—

(a) for subsection (1) substitute—

“(1) This section applies where—

(a) the Counter-Terrorism (Sanctions) (EU Exit) Regulations 2019 are in force in the Territory, and

(b) any designations have been made by the Governor under regulation 5 (power to designate persons) of those regulations.”;

(b) in subsection (2)—

(i) for “That appropriate Minister” substitute “The Governor”;

(ii) in paragraph (a), omit “qualifying”;

(c) omit subsection (3);

(d) in subsection (4)—

(i) after “is a “review period”” insert “in relation to a designation under the Counter-Terrorism (Sanctions) (EU Exit) Regulations 2019”;

(ii) in paragraph (b), for “qualifying designations” substitute “that designation”;

(e) at the end insert—

“(5) In the application of this section to a particular British overseas territory, the expression “the Territory” means that territory.”

4.  In section 38 (court review of decisions)—

(a) in subsection (1)—

(i) in paragraph (a), for “an appropriate Minister” substitute “the Governor”;

(ii) omit paragraphs (b) to (d);

(b) in subsection (2), for “the High Court or, in Scotland, the Court of Session,” substitute “the Supreme Court of the Territory”;

(c) for subsection (3) substitute—

“(3) “The appropriate person” means the person named by the designation.”;

(d) omit subsection (6);

(e) at the end insert—

“(7) For the purposes of this section “the Supreme Court of the Territory” means—

(a) in relation to Anguilla, Montserrat and the Virgin Islands, the High Court of the Eastern Caribbean Supreme Court;

(b) in relation to the Cayman Islands, the Grand Court of the Cayman Islands;

(c) in relation to the British Antarctic Territory, the British Indian Ocean Territory, the Falkland Islands, Pitcairn, Henderson, Ducie and Oeno Islands, St Helena, Ascension and Tristan da Cunha, South Georgia and the South Sandwich Islands and the Turks and Caicos Islands, the Supreme Court of the respective Territory;

(d) in relation to the Sovereign Base Areas of Akrotiri and Dhekelia in the Island of Cyprus, the Senior Judges Court of those Areas.

(8) In this section, “the Governor” has the meaning given by section 22(1).”

5.  In section 39 (court reviews: further provision)—

(a) in subsection (1)—

(i) in paragraph (a), omit “, (b) or (c)”;

(ii) for paragraph (c) substitute—

“(c) if a designation made under regulation 5 (power to designate persons) of the Counter-Terrorism (Sanctions) (EU Exit) Regulations 2019 (as they have effect in the Territory) is revoked without an application under section 38 being made, any proceedings on a relevant claim.”;

(b) in subsection (2)(a), omit “that the tort of negligence was committed, or, in Scotland,”;

(c) in subsection (3)—

(i) omit the definition of a “corrective direction”;

(ii) for the definition of a “relevant claim” substitute—

“a “relevant claim” means a claim which—

(a)

is made by a person designated by the designation, and

(b)

arises from any matter relating to the designation.”;

(d) in subsection (4)—

(i) in paragraph (a), omit “or (b)”;

(ii) in paragraph (b), omit “or (b)”;

(iii) omit paragraph (c);

(e) for subsection (5) substitute—

“(5) Where the designated person has a right to make a request under section 23 or would have but for section 23(2), a decision to make or vary, or not to revoke or vary, the designation under regulation 5 of the Counter-Terrorism (Sanctions) (EU Exit) Regulations 2019 (as they have effect in the Territory) may not be questioned by way of proceedings for judicial review (and nor may a decision to which section 38 applies).”