SCHEDULES
SCHEDULE 1Consequential amendments
Part 1Terrorist asset-freezing
Rules of the Court of Judicature (Northern Ireland) 1980 (S.R. 1980 No.346)
1
The Rules of the Court of Judicature (Northern Ireland) 1980 are amended as follows.
2
In the Arrangement of Orders, in the entry relating to Order 116B, after “2008” insert “and Part 1 of the Terrorist Asset-Freezing etc. Act 2010”.
3
In Order 1, after rule 11(l) insert—
la
proceedings on an application under section 27 of the Terrorist Asset-Freezing etc. Act 2010, or on a claim arising from any matter to which such an application relates;”.
4
In Order 116B—
a
in the title of the Order, at the end insert “and Part 1 of the Terrorist Asset-Freezing etc. Act 2010”,
b
in rule 1(2)(a), after “the”, in the first place in which it appears, insert “2008”,
c
after rule 1(2)(a) insert—
aa
the 2010 Act” means the Terrorist Asset-Freezing etc. Act 2010;
d
in rule 1(2)(b), after “the” insert “2008 Act or section 27 of the 2010”,
e
in rule 1(2)(c) for “has the same meaning as in section 65 of the Act” substitute
means—
i
financial restrictions proceedings within the meaning of section 65 of the 2008 Act; and
ii
proceedings in the High Court on an application under section 27 of the 2010 Act, or on a claim arising from any matter to which such an application relates
f
in rule 1(2)(h), for “Act” substitute “2008 Act (including that section as applied by section 28(4) of the 2010 Act)”,
g
in rule 4(3)(a)(ii), after “the”, in the first place in which it appears, insert “2008”,
h
in rule 5(1) after “2008”, insert “, or section 27 of the Terrorist Asset-Freezing etc. Act 2010, as the case may be,”,
i
in rule 36(1), after “the” insert “2008”, and
j
in rule 36(2), after “the” in the second place in which it appears, insert “2008”.
5Civil Procedure Rules 1998 (S.I. 1998/3132)
In Part 79 of the Civil Procedure Rules 1998 (proceedings under the Counter-Terrorism Act 2008)—
a
in the title of Part 79, at the end insert “and Part 1 of the Terrorist Asset-Freezing etc. Act 2010”,
b
in rule 79.1(2)(a), after “the”, in the first place in which it appears, insert “2008”,
c
after rule 79.1(2)(a) insert—
aa
the 2010 Act” means the Terrorist Asset-Freezing etc. Act 2010;
d
in rule 79.1(2)(b), after “the” insert “2008 Act or section 27 of the 2010”,
e
in rule 79.1(2)(c) for “has the same meaning as in section 65 of the Act” substitute
means—
i
financial restrictions proceedings within the meaning of section 65 of the 2008 Act; and
ii
proceedings in the High Court on an application under section 27 of the 2010 Act, or on a claim arising from any matter to which such an application relates
f
in rule 79.1(2)(h), for “Act” substitute “2008 Act (including that section as applied by section 28(4) of the 2010 Act)”,
g
in rule 79.6(3)(a)(ii), after “the”, in the first place in which it appears, insert “2008”,
h
in rule 79.31(1), after “the” insert “2008”, and
i
in rule 79.31(2), after “the” in the second place in which it appears, insert “2008”.
6Money Laundering Regulations 2007 (S.I. 2007/2157)
In regulation 2(1) of the Money Laundering Regulations 2007 (interpretation), in the definition of “terrorist financing”—
a
omit sub-paragraph (c), and
b
for sub-paragraph (e) substitute—
e
section 11, 12, 13, 14, 15 or 18 of the Terrorist Asset-Freezing etc. Act 2010 (offences relating to the freezing of funds etc. of designated persons);
7Transfer of Funds (Information on the Payer) Regulations 2007 (S.I. 2007/3298)
In regulation 2(1) of the Transfer of Funds (Information on the Payer) Regulations 2007 (interpretation), in the definition of “terrorist financing”—
a
omit sub-paragraph (c), and
b
for sub-paragraph (e) substitute—
e
section 11, 12, 13, 14, 15 or 18 of the Terrorist Asset-Freezing etc. Act 2010 (offences relating to the freezing of funds etc. of designated persons).
8Payment Services Regulations 2009 (S.I. 2009/209)
In regulation 13(4) of the Payment Services Regulations 2009 (conditions for registration as a small payment institution)—
a
in sub-paragraph (d) omit the words from “article 7” (where it first occurs) to “2006 or”, and
b
for sub-paragraph (da) substitute—
da
an offence under section 11, 12, 13, 14, 15 or 18 of the Terrorist Asset-Freezing etc. Act 2010 (offences relating to the freezing of funds etc. of designated persons);
Part 2Terrorist financing, money laundering etc.
9Amendment relating to section 48: branches
In paragraph 46 of Schedule 7 to the Counter-Terrorism Act 2008 (terrorist financing and money laundering etc: index of defined expressions), in the table—
a
in the entry for “credit institution”, after “5(1)” insert “and (3)”, and
b
in the entry for “financial institution”, after “5(2)” insert “and (3)”.
10Amendments relating to section 50: circumvention
1
In paragraph 26(1) of Schedule 7 to the Counter-Terrorism Act 2008 (imposition of penalty by HMRC) after “25” insert “or 25A”.
2
In paragraph 27 of that Schedule (imposition of penalty by other enforcement authority)—
a
in sub-paragraph (1) after “25” insert “or 25A”, and
b
in sub-paragraph (3) after “25” insert “or (as the case may be) 25A”.
3
In paragraph 29(1) of that Schedule (payment and recovery of civil penalties) after “25” insert “or 25A”.
4
In paragraph 41(2) of that Schedule (application of civil penalties by Financial Services Authority) after “25” insert “or 25A”.
11Amendments relating to section 51: Northern Ireland credit unions
1
In paragraph 18(2) of Schedule 7 to the Counter-Terrorism Act 2008 (definition of “enforcement officer”) omit paragraph (d) (but not the word “or” at the end of the paragraph).
2
In paragraph 18(3)(b) of that Schedule (definition of “local enforcement officer” in Northern Ireland) for “DETINI” substitute “the Department of Enterprise, Trade and Investment in Northern Ireland (“DETINI”)”.
3
In paragraph 27(1) of that Schedule (imposition of penalty by enforcement authority) for “, the OFT or DETINI” substitute “or the OFT”.
4
In paragraph 28 of that Schedule (appeal against imposition of certain civil penalties)—
a
omit sub-paragraph (2), and
b
in sub-paragraph (3) omit “or court”.
5
In paragraph 46 of that Schedule (index of defined expressions), in the entry for DETINI, for “paragraph 18(1)(d)” substitute “paragraph 18(3)(b)”.