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Anti-terrorism, Crime and Security Act 2001 (c. 24)(The document as of February, 2008) Page 10 Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 | P.11 Offences by bodies corporate etc.9 (1) A freezing order may include any of the provisions set out in this paragraph. (2) If an offence under the order-- (a) is committed by a body corporate, and (b) is proved to have been committed with the consent or connivance of an officer, or to be attributable to any neglect on his part, he as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly. (3) These are officers of a body corporate-- (a) a director, manager, secretary or other similar officer of the body; (b) any person purporting to act in any such capacity. (4) If the affairs of a body corporate are managed by its members sub-paragraph (2) applies in relation to the acts and defaults of a member in connection with his functions of management as if he were an officer of the body. (5) If an offence under the order-- (a) is committed by a Scottish partnership, and (b) is proved to have been committed with the consent or connivance of a partner, or to be attributable to any neglect on his part, he as well as the partnership is guilty of the offence and liable to be proceeded against and punished accordingly. Compensation10 (1) A freezing order may include provision for the award of compensation to or on behalf of a person on the grounds that he has suffered loss as a result of-- (a) the order; (b) the fact that a licence has not been granted under the order; (c) the fact that a licence under the order has been granted on particular terms rather than others; (d) the fact that a licence under the order has been varied or revoked. (2) In particular, the order may include-- (a) provision about the person who may make a claim for an award; (b) provision about the person to whom a claim for an award is to be made (which may be provision that it is to be made to the High Court or, in Scotland, the Court of Session); (c) provision about the procedure for making and deciding a claim; (d) provision that no compensation is to be awarded unless the claimant has behaved reasonably (which may include provision requiring him to mitigate his loss, for instance by applying for a licence); (e) provision that compensation must be awarded in specified circumstances or may be awarded in specified circumstances (which may include provision that the circumstances involve negligence or other fault); (f) provision about the amount that may be awarded; (g) provision about who is to pay any compensation awarded (which may include provision that it is to be paid or reimbursed by the Treasury); (h) provision about how compensation is to be paid (which may include provision for payment to a person other than the claimant). Treasury's duty to give reasons11 A freezing order must include provision that if-- (a) a person is specified in the order as a person to whom or for whose benefit funds are not to be made available, and (b) he makes a written request to the Treasury to give him the reason why he is so specified, as soon as is practicable the Treasury must give the person the reason in writing. Section 17 SCHEDULE 4 Extension of existing disclosure powersPart 1 Enactments to which section 17 appliesAgricultural Marketing Act 1958 (c. 47)1 Section 47(2) of the Agricultural Marketing Act 1958. Harbours Act 1964 (c. 40)2 Section 46(1) of the Harbours Act 1964. Cereals Marketing Act 1965 (c. 14)3 Section 17(2) of the Cereals Marketing Act 1965. Agriculture Act 1967 (c. 22)4 Section 24(1) of the Agriculture Act 1967. Trade Descriptions Act 1968 (c. 29)5 Section 28(5A) of the Trade Descriptions Act 1968. Sea Fish Industry Act 1970 (c. 11)6 Section 14(2) of the Sea Fish Industry Act 1970. National Savings Bank Act 1971 (c. 29)7 Section 12(2) of the National Savings Bank Act 1971. Employment Agencies Act 1973 (c. 35)8 Section 9(4) of the Employment Agencies Act 1973. Fair Trading Act 1973 (c. 41)9 Section 133(3) of the Fair Trading Act 1973 so far only as it relates to information obtained under or by virtue of any provision of Part 3 of that Act (protection of consumers). Prices Act 1974 (c. 24)10 Paragraph 12(2) of the Schedule to the Prices Act 1974. Consumer Credit Act 1974 (c. 39)11 Section 174(3) of the Consumer Credit Act 1974. Health and Safety at Work etc. Act 1974 (c. 37)12 Section 28(7) of the Health and Safety at Work etc. Act 1974. Sex Discrimination Act 1975 (c. 65)13 Section 61(1) of the Sex Discrimination Act 1975. Race Relations Act 1976 (c. 74)14 Section 52(1) of the Race Relations Act 1976. Energy Act 1976 (c. 76)15 Paragraph 7 of Schedule 2 to the Energy Act 1976. National Health Service Act 1977 (c. 49)16 Paragraph 5 of Schedule 11 to the National Health Service Act 1977. Estate Agents Act 1979 (c. 38)17 Section 10(3) of the Estate Agents Act 1979. Public Passenger Vehicles Act 1981 (c. 14)18 Section 54(8) of the Public Passenger Vehicles Act 1981. Fisheries Act 1981 (c. 29)19 Section 12(2) of the Fisheries Act 1981. Merchant Shipping (Liner Conferences) Act 1982 (c. 37)20 Section 10(2) of the Merchant Shipping (Liner Conferences) Act 1982. Civil Aviation Act 1982 (c. 16)21 Section 23(4) of the Civil Aviation Act 1982. Diseases of Fish Act 1983 (c. 30)22 Section 9(1) of the Diseases of Fish Act 1983. Telecommunications Act 1984 (c. 12)23 Section 101(2) of the Telecommunications Act 1984. Companies Act 1985 (c. 6)24 Section 449(1) of the Companies Act 1985. Airports Act 1986 (c. 31)25 Section 74(2) of the Airports Act 1986. Legal Aid (Scotland) Act 1986 (c. 47)26 Section 34(2) of the Legal Aid (Scotland) Act 1986. Consumer Protection Act 1987 (c. 43)27 Section 38(2) of the Consumer Protection Act 1987. Companies Act 1989 (c. 40)28 Section 87(1) of the Companies Act 1989. Broadcasting Act 1990 (c. 42)29 Section 197(2) of the Broadcasting Act 1990. Property Misdescriptions Act 1991 (c. 29)30 Paragraph 7(1) of the Schedule to the Property Misdescriptions Act 1991. Water Industry Act 1991 (c. 56)31 Section 206(3) of the Water Industry Act 1991. Water Resources Act 1991 (c. 57)32 Section 204(2) of the Water Resources Act 1991. Timeshare Act 1992 (c. 35)33 Paragraph 5(1) of Schedule 2 to the Timeshare Act 1992. Railways Act 1993 (c. 43)34 Section 145(2) of the Railways Act 1993. Coal Industry Act 1994 (c. 21)35 Section 59(2) of the Coal Industry Act 1994. Shipping and Trading Interests (Protection) Act 1995 (c. 22)36 Section 3(4) of the Shipping and Trading Interests (Protection) Act 1995. Pensions Act 1995 (c. 26)37 (1) Section 105(2) of the Pensions Act 1995. (2) Section 108(2) of that Act. Goods Vehicles (Licensing of Operators) Act 1995 (c. 23)38 Section 35(4) of the Goods Vehicles (Licensing of Operators) Act 1995. Chemical Weapons Act 1996 (c. 6)39 Section 32(2) of the Chemical Weapons Act 1996. Bank of England Act 1998 (c. 11)40 (1) Paragraph 5 of Schedule 7 to the Bank of England Act 1998. (2) Paragraph 2 of Schedule 8 to that Act. Audit Commission Act 1998 (c. 18)41 Section 49(1) of the Audit Commission Act 1998. Data Protection Act 1998 (c. 29)42 Section 59(1) of the Data Protection Act 1998. Police (Northern Ireland) Act 1998 (c. 32)43 Section 63(1) of the Police (Northern Ireland) Act 1998. Landmines Act 1998 (c. 33)44 Section 19(2) of the Landmines Act 1998. Health Act 1999 (c. 8)45 Section 24 of the Health Act 1999. Disability Rights Commission Act 1999 (c. 17)46 Paragraph 22(2)(f) of Schedule 3 to the Disability Rights Commission Act 1999. Access to Justice Act 1999 (c. 22)47 Section 20(2) of the Access to Justice Act 1999. Nuclear Safeguards Act 2000 (c. 5)48 Section 6(2) of the Nuclear Safeguards Act 2000. Finance Act 2000 (c. 21)49 Paragraph 34(3) of Schedule 22 to the Finance Act 2000. Local Government Act 2000 (c. 22)50 Section 63(1) of the Local Government Act 2000. Postal Services Act 2000 (c. 26)51 Paragraph 3(1) of Schedule 7 to the Postal Services Act 2000. Utilities Act 2000 (c. 27)52 Section 105(4) of the Utilities Act 2000. Transport Act 2000 (c. 38)53 (1) Section 143(5)(b) of the Transport Act 2000. (2) Paragraph 13(3) of Schedule 10 to that Act. Part 2 Northern Ireland legislation to which section 17 appliesTransport Act (Northern Ireland) 1967 (c. 37 (N.I.))54 Section 36(1) of the Transport Act (Northern Ireland) 1967. Sex Discrimination (Northern Ireland) Order 1976 (S.I. 1976/1042 (N.I. 15))55 Article 61(1) of the Sex Discrimination (Northern Ireland) Order 1976. Health and Safety at Work (Northern Ireland) Order 1978 (S.I. 1978/1039 (N.I. 9))56 Article 30(6) of the Health and Safety at Work (Northern Ireland) Order 1978. Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (S.I. 1981/228 (N.I. 8))57 Article 24(1) of the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981. Agricultural Marketing (Northern Ireland) Order 1982 (S.I. 1982/1080 (N.I. 12))58 Article 29(3) of the Agricultural Marketing (Northern Ireland) Order 1982. Companies (Northern Ireland) Order 1986 (S.I. 1986/1032 (N.I. 6))59 Article 442(1) of the Companies (Northern Ireland) Order 1986. Consumer Protection (Northern Ireland) Order 1987 (S.I. 1987 (N.I. 20))60 Article 29(2) of the Consumer Protection (Northern Ireland) Order 1987. Electricity (Northern Ireland) Order 1992 (S.I. 1992/231 (N.I. 1))61 Article 61(2) of the Electricity (Northern Ireland) Order 1992. Airports (Northern Ireland) Order 1994 (S.I. 1994/426 (N.I. 1))62 Article 49(2) of the Airports (Northern Ireland) Order 1994. Pensions (Northern Ireland) Order 1995 (S.I. 1995/3213 (N.I. 22))63 (1) Article 103(2) of the Pensions (Northern Ireland) Order 1995. (2) Article 106(2) of that Order. Gas (Northern Ireland) Order 1996 (S.I. 1996/275 (N.I. 2))64 Article 44(3) of the Gas (Northern Ireland) Order 1996. Race Relations (Northern Ireland) Order 1997 (S.I. 1997/869 (N.I. 6))65 Article 50(1) of the Race Relations (Northern Ireland) Order 1997. Fair Employment and Treatment (Northern Ireland) Order 1998 (S.I. 1998/3162 (N.I. 21))66 Article 18(1) of the Fair Employment and Treatment (Northern Ireland) Order 1998. Section 58 SCHEDULE 5 Pathogens and toxinsVIRUSES
RICKETTSIAE
BACTERIA
TOXINS
Notes1 Any reference in this Schedule to a micro-organism includes-- (a) any genetic material containing any nucleic acid sequence associated with the pathogenicity of the micro-organism; and (b) any genetically modified organism containing any such sequence. 2 Any reference in this Schedule to a toxin includes-- (a) any genetic material containing any nucleic acid sequence for the coding of the toxin; and (b) any genetically modified organism containing any such sequence. 3 Any reference in this Schedule to a toxin includes subunits of the toxin. Section 70 SCHEDULE 6 The Pathogens Access Appeal CommissionConstitution and administration1 (1) The Commission shall consist of members appointed by the Lord Chancellor. (2) The Lord Chancellor shall appoint one of the members as chairman. (3) A member shall hold and vacate office in accordance with the terms of his appointment. (4) A member may resign at any time by notice in writing to the Lord Chancellor. 2 The Lord Chancellor may appoint officers and servants for the Commission. 3 The Lord Chancellor-- (a) may pay sums by way of remuneration, allowances, pensions and gratuities to or in respect of members, officers and servants; (b) may pay compensation to a person who ceases to be a member of the Commission if the Lord Chancellor thinks it appropriate because of special circumstances; and (c) may pay sums in respect of expenses of the Commission. Procedure4 (1) The Commission shall sit at such times and in such places as the Lord Chancellor may direct. (2) The Commission may sit in two or more divisions. (3) At each sitting of the Commission-- (a) three members shall attend; (b) one of the members shall be a person who holds or has held high judicial office (within the meaning of the Appellate Jurisdiction Act 1876 (c. 59)); and (c) the chairman or another member nominated by him shall preside and report the Commission's decision. 5 (1) The Lord Chancellor may make rules-- (a) regulating the exercise of the right of appeal to the Commission; (b) prescribing practice and procedure to be followed in relation to proceedings before the Commission; (c) providing for proceedings before the Commission to be determined without an oral hearing in specified circumstances; (d) making provision about evidence in proceedings before the Commission (including provision about the burden of proof and admissibility of evidence); (e) making provision about proof of the Commission's decisions. (2) In making the rules the Lord Chancellor shall, in particular, have regard to the need to secure-- (a) that decisions which are the subject of appeals are properly reviewed; and (b) that information is not disclosed contrary to the public interest. (3) The rules may, in particular-- (a) provide for full particulars of the reasons for denial of access to be withheld from the applicant and from any person representing him; (b) enable the Commission to exclude persons (including representatives) from all or part of proceedings; (c) enable the Commission to provide a summary of evidence taken in the absence of a person excluded by virtue of paragraph (b); (d) permit preliminary or incidental functions to be discharged by a single member; (e) permit proceedings for permission to appeal under section 70(5) to be determined by a single member; (f) make provision about the functions of persons appointed under paragraph 6; (g) make different provision for different parties or descriptions of party. (4) Rules under this paragraph-- (a) shall be made by statutory instrument; and (b) shall not be made unless a draft of them has been laid before and approved by resolution of each House of Parliament. (5) In this paragraph a reference to proceedings before the Commission includes a reference to proceedings arising out of proceedings before the Commission. 6 (1) The relevant law officer may appoint a person to represent the interests of an organisation or other applicant in proceedings in relation to which an order has been made by virtue of paragraph 5(3)(b). (2) The relevant law officer is-- (a) in relation to proceedings in England and Wales, the Attorney General; (b) in relation to proceedings in Scotland, the Advocate General for Scotland; and (c) in relation to proceedings in Northern Ireland, the Attorney General for Northern Ireland. (3) A person appointed under this paragraph must-- (a) have a general qualification for the purposes of section 71 of the Courts and Legal Services Act 1990 (c. 41) (qualification for legal appointments); (b) be an advocate or a solicitor who has rights of audience in the Court of Session or the High Court of Justiciary by virtue of section 25A of the Solicitors (Scotland) Act 1980 (c. 46); or (c) be a member of the Bar of Northern Ireland. (4) A person appointed under this paragraph shall not be responsible to the applicant whose interests he is appointed to represent. (5) In paragraph 5 of this Schedule a reference to a representative does not include a reference to a person appointed under this paragraph. Section 101 Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 | P.11 -- Back --
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