OpenLegislation

Explanatory note

England and Wales

(This note is not part of the Rules)

These Rules prescribe the procedure to be followed for applications to a magistrates’ court for orders under Part 4A of Schedule 1 to the Anti-terrorism, Crime and Security Act 2001 (c. 24) (“ATCSA”). Part 4A of Schedule 1 to ATCSA was inserted by Schedule 3 to the Criminal Finances Act 2017 (c.22), and makes provision for the forfeiture of terrorist funds held in bank and building society accounts. These Rules provide the relevant procedure for:

  • Applications for further detention of seized property (see paragraph 10D of Schedule 1 to ATCSA);

  • Applications for release of detained property (see paragraph 10F of Schedule 1 to ATCSA);

  • Applications for forfeiture of detained property (see paragraph 10G of Schedule 1 to ATCSA);

  • Agreements about associated and joint property (see paragraphs 10H and 10I of Schedule 1 to ATCSA);

  • Applications for compensation (see paragraph 10P of Schedule 1 to ATCSA).

In addition, the Rules make provision for the manner in which documents are to be given in proceedings under Part 4A of Schedule 1 to ATCSA, for the transfer of hearings and for procedure at hearings.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen.