The Terrorism (United Nations Measures) Order 2009

PART 2 Designated persons and directions

Designated persons

3.  For the purposes of this Order a person is a designated person if —

(a) identified as provided in Article 2(3) of the Council Regulation, or

(b) identified in a direction given under article 4(1) or renewed under article 5(1).

Treasury’s power to designate persons

4.—(1) The Treasury may give a direction that a person identified in the direction is designated for the purposes of this Order if—

(a) a condition in paragraph (2) is satisfied; and

(b) the Treasury consider that the direction is necessary for purposes connected with protecting members of the public from a risk of terrorism.

(2) The conditions are that the Treasury have reasonable grounds for suspecting that the person is—

(a) a person who commits, attempts to commit, participates in or facilitates the commission of acts of terrorism;

(b) a person identified as provided in Article 2(3) of the Council Regulation;

(c) a person owned or controlled, directly or indirectly, by a designated person; or

(d) a person acting on behalf of or at the direction of a designated person.

(3) The Treasury may vary or revoke a direction at any time.

Duration of directions

5.—(1) The Treasury may renew a direction given under article 4(1) at any time before it ceases to have effect if the requirements in paragraphs (a) and (b) of article 4(1) continue to be met.

(2) A direction given under article 4(1) or renewed under paragraph (1) ceases to have effect at the end of the period of twelve months beginning with the day on which it is given or, as the case may be, last renewed.

Directions: notification of a direction

6.—(1) Where the Treasury give a direction under article 4(1) or renew a direction under article 5(1) they must—

(a) give written notice to the person identified in the direction; and

(b) unless one of the conditions in paragraph (2) is met, take such steps as they consider appropriate to publicise generally the direction.

(2) The conditions are that—

(a) the Treasury believe that the person identified in the direction is under the age of eighteen years; or

(b) the Treasury consider that disclosure of the direction should be restricted—

(i) in the interests of national security;

(ii) for reasons connected with the prevention and detection of serious crime; or

(iii) in the interest of justice.

(3) Where a condition in paragraph (2) is met, the Treasury may inform only such persons as they consider appropriate of the direction.

(4) Where the conditions in paragraph (2) cease to be met, the Treasury must notify the person identified in the direction and take such steps as they consider appropriate to publicise generally the direction.

Directions: variation, revocation or expiry of direction

7.  Where the Treasury vary or revoke a direction, or where a direction expires, they must—

(a) give written notice of the variation, revocation or expiry to the person identified in the direction; and

(b) take such steps as they consider appropriate to bring the variation, revocation or expiry to the attention of the persons informed of the direction.

Confidential information

8.—(1) Where the Treasury in accordance with article 6(3) inform only certain persons of a direction given under article 4(1) or renewed under article 5(1), they may specify that information contained in the direction is to be treated as confidential.

(2) A person who is provided with information which is to be treated as confidential in accordance with paragraph (1), or who obtains such information, must not disclose it except with lawful authority.

(3) Confidential information is disclosed with lawful authority only if and to the extent that any of the following applies—

(a) the disclosure is by, or is authorised by, the Treasury;

(b) the disclosure is with the consent of the person who is the subject of the information;

(c) the disclosure is necessary to give effect to a requirement under this Order; or

(d) the disclosure is required, under rules of court or a court order, for the purposes of legal proceedings of any description.

(4) This article does not prevent the disclosure of information already available to the public from other sources.

(5) A person who contravenes the prohibition in paragraph (2) is guilty of an offence.

(6) In proceedings for an offence under this article, it is a defence for a person to show that they did not know and had no reasonable cause to suspect that the information was confidential.

(7) The High Court or, in Scotland, the Court of Session may grant an injunction to prevent a breach of paragraph (2) in relation to any information upon the application of—

(a) the person who is the subject of the information, or

(b) the Treasury.