SCHEDULE 3Modifications 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

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—

    1. a

      is made by a person designated by the designation, and

    2. 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).