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The Proscribed Organisations (Applications for Deproscription etc.) Regulations 2006

S.I. 2006/2299 · Made 22 August 2006 · Extends to United Kingdom

Not fully up to date. 1 change made by later legislation has not yet been written into this text, which is revised to 20 September 2006.

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reg. 5substitutedProscribed Organisations (Applications for Deproscription etc.) 2022 reg. 2(2)

PREVENTION AND SUPPRESSION OF TERRORISM

Made 22nd August 2006

Laid before Parliament 25th August 2006

Coming into force 20th September 2006

The Secretary of State makes the following Regulations in exercise of the powers conferred on him by section 4(3) of the Terrorism Act 2000f1.

Annotations to the whole text

Footnotes

f1

2000 c.11; section 4(4) specifies matters that must be included in regulations under section 4(3).

Contents

  1. 1Citation, commencement and revocation
  2. 2Interpretation
  3. 3Applications under section 4(1)(a) of the Act
  4. 4Applications under section 4(1)(b) of the Act
  5. 5Address for sending or delivery
  6. 6Change of address
  7. 7Period of determination
  8. 8Refusal of application
  9. Signature
  10. Explanatory note

1Citation, commencement and revocationI1

(1)

These Regulations may be cited as the Proscribed Organisations (Applications for Deproscription etc.) Regulations 2006 and shall come into force on 20th September 2006.

(2)

The Proscribed Organisations (Applications for Deproscription) Regulations 2001f1 are revoked.

2InterpretationI1

In these Regulations—

  • “the Act” means the Terrorism Act 2000;

  • “application” means an application under section 4(1) of the Actf1; and

  • “organisation” means an organisation listed in Schedule 2 to the Actf2.

3Applications under section 4(1)(a) of the ActI1

(1)

An application under section 4(1)(a) of the Act must be made in writing and must state—

(a)

the name of the organisation to which the application relates;

(b)

whether the application is being made by the organisation or by a person affected by the organisation’s proscription; and

(c)

the grounds on which the application is made.

(2)

In the case of an application made by an organisation, the application must also state—

(a)

the name and address of the person submitting the application; and

(b)

the position which he holds in the organisation or his authority to act on behalf of the organisation.

(3)

In the case of an application made by a person affected by the organisation’s proscription, the application must also state—

(a)

the manner in which the applicant is so affected; and

(b)

the applicant’s name and address.

(4)

An application must be signed by the person referred to in paragraph (2)(a) or (3), as the case may be.

4Applications under section 4(1)(b) of the ActI1

(1)

An application under section 4(1)(b) of the Act must be made in writing and must state—

(a)

the name which is to be treated by an order under section 3(6) of the Actf1 as another name of an organisation listed in Schedule 2 to the Act and to which the application relates;

(b)

the name of the organisation so listed;

(c)

whether the application is being made by the organisation or by a person affected by the treatment of the name referred to in sub-paragraph (a) as a name for the organisation referred to in sub-paragraph (b); and

(d)

the grounds on which the application is being made.

(2)

In the case of an application made by an organisation, the application must also state—

(a)

the name and address of the person submitting the application; and

(b)

the position which he holds in the organisation or his authority to act on behalf of the organisation.

(3)

In the case of an application made by a person affected by the treatment of the name referred to in paragraph (1)(a) as a name for the organisation referred to in paragraph (1)(b), the application must also state—

(a)

the manner in which the applicant is so affected; and

(b)

the applicant’s name and address.

(4)

An application must be signed by the person referred to in paragraph (2)(a) or (3), as the case may be.

5Address for sending or deliveryI1

An application must be sent or delivered to the Head of Counter Terrorism Policy, Crime Reduction and Community Safety Group, Home Office, 2 Marsham Street, London SW1P 4DF.

6Change of addressI1

A person whose name and address are stated in the application in accordance with regulation 3(2)(a) or (3)(b) or 4(2)(a) or (3)(b), as the case may be, must inform the office-holder referred to in regulation 5 if his address changes.

7Period of determinationI1

The Secretary of State must determine an application within a period of 90 days beginning with the day after the day on which he receives the application.

8Refusal of applicationI1

Where the Secretary of State refuses an application, he must as soon as practicable—

(a)

inform the applicant of his refusal, and

(b)

notify him of the procedures for appealing against the refusal to the Proscribed Organisations Appeal Commission.

Signature

Tony McNulty

Minister of State

Home Office

22nd August 2006

Explanatory note

(This note is not part of the Order)

These Regulations prescribe the procedure for applications to the Secretary of State to exercise his power by order either to remove an organisation from the list of proscribed organisations in Schedule 2 to the Terrorism Act 2000 or to provide for a name to cease to be treated as another name for an organisation so listed. These Regulations differ from the Regulations revoked by regulation 1(2) in providing for that second type of application. The power to list alternative names by order was inserted in section 3 of the 2000 Act by section 22(2) of the Terrorism Act 2006. These Regulations do not otherwise differ in substance from the Regulations they revoke.