Paragraph 1 Freezing ordersI1

This Schedule applies in relation to civil proceedings where the claimant claims damages in those proceedings.

The court seised of those proceedings may, on the application of a Minister of the Crown, make a freezing order under this paragraph.

A freezing order, in relation to an order made by the court awarding damages in favour of the claimant, is an order that all or part of the damages awarded—

A court may not make a freezing order unless satisfied that, if damages are paid to the claimant, there is a real risk that those damages will be used for the purposes of terrorism.

An application for a freezing order may be made at any time until there is no further possibility of an appeal on which the order awarding damages in favour of the claimant may be varied or quashed.

Any power to extend the time for giving notice of application for leave to appeal, or for applying for leave to appeal, must be ignored for the purposes of sub-paragraph (5).

Where the court makes an order awarding damages in favour of the claimant, the court may suspend the effect of that order until it decides the application for a freezing order.

In this paragraph—

• “civil proceedings” means any proceedings other than proceedings in a criminal cause or matter or family proceedings;

• “family proceedings”—

  1. (a)

     in relation to England and Wales, has the meaning given by section 75(3) of the Courts Act 2003;

  2. (b)

     in relation to Northern Ireland, has the meaning given by Article 12(5) of the Family Law (Northern Ireland) Order 1993 (S.I. 1993/1576 (N.I. 6));

  3. (c)

     in relation to Scotland, has the meaning given by section 135 of the Courts Reform (Scotland) Act 2014 (asp 18) and includes proceedings under the Children (Scotland) Act 1995 and the Children’s Hearings (Scotland) Act 2011 (asp 1);

• “the initial freezing period” is the period of 2 years beginning with the day on which the freezing order is made.