The Terrorist Asset-Freezing (Temporary Provisions) Act 2010 was an Act of the United Kingdom Parliament that was in force from 10 February 2010 until its repeal on 17 December that same year by the Terrorist Asset-Freezing etc. Act 2010.

Summary

The Terrorist Asset-Freezing (Temporary Provisions) Act 2010 was an Act of the United Kingdom Parliament to make provision for the temporary validity of certain

Orders in Council An Order in Council is a type of legislation in many countries, especially the Commonwealth realms. In the United Kingdom, this legislation is formally made in the name of the monarch by and with the advice and consent of the Privy Council ('' ...

imposing financial restrictions on, and in relation to, persons suspected of involvement in

terrorist Terrorism, in its broadest sense, is the use of violence against non-combatants to achieve political or ideological aims. The term is used in this regard primarily to refer to intentional violence during peacetime or in the context of war aga ...

activity; and for connected purposes. These Orders in Council had been the chosen method of implementation of Resolution 1373 and the directives of the 1267 Committee. The legislation was introduced in the House of Commons by the Brown Government on 5 February 2010 and received

royal assent Royal assent is the method by which a monarch formally approves an act of the legislature, either directly or through an official acting on the monarch's behalf. In some jurisdictions, royal assent is equivalent to promulgation, while in othe ...

on 10 February.

Judgment

The Act was passed following the '' HM Treasury v Ahmed'' ruling by the

Supreme Court of the United Kingdom The Supreme Court of the United Kingdom (initialism: UKSC) is the final court of appeal for all civil cases in the United Kingdom and all criminal cases originating in England, Wales and Northern Ireland, as well as some limited criminal cases ...

on 27 January 2010 that asset-freezing orders made under the

United Nations Act 1946 The United Nations Act 1946 ( 9 & 10 Geo. 6. c. 45) is an Act of the Parliament of the United Kingdom which enables His Majesty's Government to implement resolutions under Article 41 of the United Nations Charter as Orders in Council. Thus Parli ...

– specifically the Terrorism (United Nations Measures) Order 2009, the Terrorism (United Nations Measures) Order 2006, the Al-Qa’ida and Taliban (United Nations Measures) Order 2002, the Terrorism (United Nations Measures) Order 2001 and the Al-Qaida and Taliban (United Nations Measures) Order 2006 – were unlawful, because the 1946 Act was not intended to authorise coercive measures which interfere with fundamental rights without parliamentary scrutiny: Multiple persons, multiple orders and a forest of laws, Statutory Orders and UNSC resolutions were considered in the judgment. The applicants pleaded variously that the Treasury Orders were ''

ultra vires ('beyond the powers') is a Latin phrase used in law to describe an act that requires legal authority but is done without it. Its opposite, an act done under proper authority, is ('within the powers'). Acts that are may equivalently be termed ...

'' for various reasons: * illegality because it was passed without Parliamentary approval, * lack of legal certainty and proportionality, * the absence of procedures that enabled designated persons to challenge their designation, * by virtue of section 6 of the

Human Rights Act 1998 The Human Rights Act 1998 (c. 42) is an Act of Parliament (United Kingdom), Act of Parliament of the United Kingdom which received royal assent on 9 November 1998, and came into force on 2 October 2000. Its aim was to incorporate into UK law the ...

because they were incompatible with Article 8 of the

European Convention on Human Rights The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is a Supranational law, supranational convention to protect human rights and political freedoms in Europe. Draf ...

and with article 1 of Protocol 1 of the ECHR, * violated client's right of access to a court for an effective remedy. Lord Phillips concluded that

Legislation

When the court refused to stay its judgement on 4 February, the 2010 Act was passed to retrospectively validate the orders until Parliament could pass new asset-freezing legislation which complied with the court's judgement. Speaking in the House of Commons on 8 February, Liberal Democrat MP David Heath said of the bill:

Repeal

The Act was repealed by the Terrorist Asset-Freezing etc. Act 2010,legislation.gov.uk: PGA, 2010 c.38
/ref> a full legislative text with which to implement Resolution 1373.

References

External links

Explanatory notes
from the

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