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In exercise of the powers conferred on him by section 127 of the Anti-terrorism, Crime and Security Act 2001[1], the Secretary of State hereby makes the following Order: 1. This Order may be cited as the Anti-terrorism, Crime and Security Act 2001 (Commencement No. 1 and Consequential Provisions) Order 2001. 2. - (1) The following provisions of the Anti-terrorism, Crime and Security Act 2001 ("the Act"), namely -
(b) section 2, (c) section 3, together with Schedule 2, and (d) Part 1 of Schedule 8,
shall come into force on 20th December 2001. 1. In the heading, for "UNDER THE TERRORISM ACT 2000", substitute " ACTING UNDER SCHEDULE 1 TO THE ANTI-TERRORISM, CRIME AND SECURITY ACT 2001 ". 2. In paragraph 1 for "Part III of the Terrorism Act 2000", substitute " Schedule 1 to the Anti-terrorism, Crime and Security Act 2001". 3. In paragraph 2 -
(b) for "Part III of", substitute "Schedule 1 to"; (c) for both references to "police officer", substitute "constable "; (d) delete "under the Act or any other legislation"; (e) before "the Drug Trafficking Act 1994", insert "Part 2 of"; and (f) delete "because the cash directly or indirectly represents proceeds from drug trafficking, even though it may also be cash which would be liable to seizure under Section 25 of the Act".
4.
In paragraph 3 -
(b) delete the definition of "port".
5.
In paragraph 4, after "ports", insert "(within the meaning of Schedule 7 to the Terrorism Act 2000)".
(b) after "1979" insert "or the Police and Criminal Evidence Act 1984 ".
8.
For paragraph 8 substitute:
- consists of resources of a proscribed organisation; - is or represents property obtained by or in return for acts of terrorism or acts carried out for the purposes of terrorism (although this is subject to the exceptions set out at paragraph 16 of Schedule 1 to the Act); and
(b) the cash is found at any place in the United Kingdom.".
9.
Delete paragraphs 9 and 10 and renumber accordingly.
(b) for "accounts for each cash seizure should be opened" substitute " records for each cash seizure deposit should be kept".
14.
In paragraph 22 -
(b) after the first sentence, insert "But this does not apply where an application for forteiture had been made and not concluded, where an application has been made under paragraph 9 of Schedule 1 to the Act by a person who claims to be a victim and not concluded or where criminal proceedings have been commenced in connection with the cash and not concluded, whether in the United Kingdom or elsewhere."; (c) delete "(although authorised officers should bear in mind that, notwithstanding the lack of any forfeiture proceedings, the cash cannot be released while other proceedings, whether in the United Kingdom or elsewhere, which relate to the cash have not been concluded)"; (d) after "detained cash is", insert " to be"; and (e) for "has been released", substitute "is to be released".
15.
In paragraph 24 -
(b) for "is of the kind mentioned in Section 25(1)(a), (b) or (c) of the Act and that section 25(3) applies", substitute "is cash to which Schedule 1 to the Act applies"; (c) for "procurator fiscal", substitute "Scottish Ministers".
16.
In paragraph 25 -
(b) for "Section 27 of", substitute "paragraph 4 of Schedule 1 to"; and (c) for "Section 26", substitute "paragraph 3(2) of Schedule 1 to the Act".
17.
In the heading to the Annex, for "SECTION 25 OF THE TERRORISM ACT 2000", substitute "PARAGRAPH 2 OF SCHEDULE 1 TO THE ANTI-TERRORISM, CRIME AND SECURITY ACT 2001".
(b) for "travellers' cheques*/bankers' drafts*", substitute "cheques*/travellers' cheques*/bankers' drafts*/bearer bonds*/bearer shares*".
19.
In the second paragraph to the Annex, for "section 26 of the Terrorism Act", substitute "paragraph 3 of Schedule 1 to the Anti-terrorism, Crime and Security Act 2001". (This note is not part of the Order) This Order brings into force on 20th December 2001 the provisions of the Anti-terrorism, Crime and Security Act 2001 (the 2001 Act) which are set out in article 2. The Order also amends the code of practice issued under paragraph 6(1) of Schedule 14 to the Terrorism Act 2000. The current code applies to the exercise of officers' functions in relation to the seizure, detention and forfeiture of terrorist cash under sections 24 to 31 of the Terrorism Act 2000. These provisions are repealed by section 1 of the 2001 Act and replaced by Schedule 1 to that Act. This requires consequential amendments to be made to the code and these are made by this Order. Notes: [1] 2001 c.24; the power in section 125 is extended by section 1(5).back [3] S.R. (N.I.) 2001 No. 65.back
ISBN 0 11 039032 6
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