SCHEDULE
Article 3
Modifications to be made in the extension of Part 1 of the Terrorist Asset-Freezing etc. Act 2010 to Guernsey
1. In section 10 (confidential information)—
(a) in subsection (4)(a), after “the Treasury” insert “or the Policy Council”; and
(b) in subsection (7)—
(i) for “the High Court (in Scotland, the Court of Session)” substitute “the Royal Court”;
(ii) for “the Treasury” substitute “Her Majesty’s Procureur”; and
(iii) omit “(in Scotland, an interdict)”.
2. In section 16 (exceptions)—
(a) in subsection 3(a), for “an enactment relating to social security” substitute “a relevant enactment”;
(b) in subsection (4), for “Treasury” substitute “Policy Council”; and
(c) in subsection (5), after “designated person” insert “, and relevant enactment includes the Social Insurance (Guernsey) Law, 19783, the Health Service (Benefit) (Guernsey) Law, 19904, the Long-term Care Insurance (Guernsey) Law, 20025and such other enactment as the States may by Ordinance prescribe”.
3. In section 17 (licences)—
(a) for “Treasury”, each time it appears, substitute “Policy Council”; and
(b) omit subsection (2).
4. In the subheading to Chapter 3 (information for Treasury), for “Treasury” substitute “Policy Council”.
5. In section 19 (reporting obligations of relevant institutions), for “Treasury”, each time it appears, substitute “Policy Council”.
6. In section 20 (powers to request information)—
(a) for “Treasury”, each time it appears, substitute “Policy Council”; and
(b) in subsection (5), for “United Kingdom” substitute “Bailiwick”.
7. In sections 21 (production of documents) and 22 (failure to comply with request for information), for “Treasury”, each time it appears, substitute “Policy Council”.
8. In section 23 (general power to disclose information)—
(a) in subsection (1), after “Treasury” insert “or the Policy Council” ;
(b) in subsection (1)(g)(i), after “the United Kingdom” insert “, the Bailiwick or the Isle of Man”; and
(c) in subsection (1)(g)(ii), for “any of the Channel Islands, the Isle of Man” substitute “Jersey”.
9. In section 24 (co-operation with UK or international investigations)—
(a) in the heading, after “UK” insert “, Bailiwick”;
(b) after “Treasury” insert “or the Policy Council”; and
(c) after “United Kingdom” insert “, the Bailiwick”.
10. In section 25 (application of provisions)—
(a) in subsection (2)(a), for “Data Protection Act 19986” substitute “Data Protection (Bailiwick of Guernsey) Law, 20017”;
(b) in subsection (2)(b), for “Regulation of Investigatory Powers Act 20008” substitute “Regulation of Investigatory Powers (Bailiwick of Guernsey) Law, 20039”;
(c) in subsection (3), after “who has acted as” insert “advocate,”;
(d) in subsection (5), for “Treasury” substitute “Policy Council”; and
(e) in subsection (6), omit “(in Scotland, to confidentiality of communications)”.
11. In section 26 (appeal to the court in relation to designations), in subsection (2) omit “or, in Scotland, the Court of Session”.
12. In section 27 (review of other decisions by the court)—
(a) in subsection (1)—
(i) for “Treasury” substitute “Policy Council”; and
(ii) omit the words “other than a decision to which section 26 applies (appeal to the court in relation to designations)”;
(b) in subsection (2), for “High Court or, in Scotland, the Court of Session,” substitute “Royal Court”; and
(c) for subsections (3) and (4) substitute–
“3 The grounds for determining whether the decision should be set aside are that-
(a) the decision was ultra vires or there was some other error of law,
(b) the decision was unreasonable,
(c) the decision was made in bad faith,
(d) there was a lack of proportionality, or
(e) there was a material error as to the facts or as to the procedure.
4 On an appeal under this section the Court may–
(a) set the decision of the Policy Council aside and, if the Court considers it appropriate to do so, remit the matter to the Policy Council with such directions as the Court thinks fit, or
(b) confirm the decision, in whole or in part.
5 A decision of the Royal Court under this section shall be final as to any question of fact, but an appeal from such a decision shall lie to the Court of Appeal on any question of law within such period and in such manner as may be prescribed by Order of the Royal Court.”.
13. In section 32 (penalties)—
(a) for “the relevant maximum”, each time it appears, substitute “12 months”;
(b) for “the statutory maximum”, each time it...
