The Terrorism (United Nations Measures) Order 2006

PART 1Preliminary and general

Citation, commencement, extent and application

1.—(1) This Order may be cited as the Terrorism (United Nations Measures) Order 2006 and comes into force on 12th October 2006.

(2) This Order extends to the United Kingdom.

(3) An offence may be committed under articles 6, 7, 8, 10 or 11 by any person in the United Kingdom or by any person elsewhere who is—

(a)a British citizen, a British overseas territories citizen, a British Overseas citizen, a British subject, a British National (Overseas) or a British protected person; or

(b)a body incorporated or constituted under the law of any part of the United Kingdom.

Interpretation

2.—(1) In this Order—

“the 2000 Act” means the Financial Services and Markets Act 2000(1);

“the 2001 Order” means the Terrorism (United Nations Measures) Order 2001(2);

“body corporate” includes a Scottish partnership;

“designated person” has the meaning given by article 3;

“the Council Decision” means Council Decision 2006/379/EC(3) as provided for in Article 2.3 of Regulation (EC) No 2580/2001 of 27th December 2001(4);

“document” includes information recorded in any form and, in relation to information recorded otherwise than in legible form, references to its production include references to producing a copy of the information in legible form;

“economic resources” means assets of every kind, whether tangible or intangible, movable or immovable, which are not funds but can be used to obtain funds, goods or services;

“financial services” (except in the title of the 2000 Act) means any service of a financial nature, including (but not limited to)—

“financial trading” means trading for own account or for account of customers, whether on an investment exchange, in an over-the-counter market or otherwise, in—

“funds” means financial assets and benefits of every kind, including (but not limited to)—

“officer”, in relation to a body corporate, means—

“relevant institution” means—

“Security Council Resolutions” means resolution 1373(2001) adopted by the Security Council of the United Nations on 28th September 2001 and resolution 1452(2002) adopted by the Security Council on 20th December 2002.

(2) The definition of “relevant institution” in paragraph (1) must be read with—

(a)section 22 of the 2000 Act;

(b)any relevant order under that section; and

(c)Schedule 2 to that Act.

(3) For the purposes of this Order, “terrorism” means the use or threat of action where—

(a)the action falls within paragraph (4),

(b)the use or threat is designed to influence the government or an international governmental organisation or to intimidate the public or a section of the public, and

(c)the use or threat is made for the purpose of advancing a political, religious or ideological cause.

(4) Action falls within this paragraph if it—

(a)involves serious violence against a person,

(b)involves serious damage to property,

(c)endangers a person’s life, other than that of the person committing the action,

(d)creates a serious risk to the health or safety of the public or a section of the public, or

(e)is designed seriously to interfere with or seriously to disrupt an electronic system.

(5) The use or threat of action falling within paragraph (4) which involves the use of firearms or explosives is terrorism whether or not paragraph (3)(b) is satisfied.

(6) In paragraphs (3), (4) and (5)—

(a)“action” includes action outside the United Kingdom,

(b)a reference to any person or to property is a reference to any person or property, wherever situated,

(c)a reference to the public includes a reference to the public of a country other than the United Kingdom, and

(d)“the government” means the government of the United Kingdom, of a part of the United Kingdom or of a country other than the United Kingdom.