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—
- 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).