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

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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).

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