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Article 6 Freezing of funds on suspicion

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

Where the licensing authority has reasonable grounds for suspecting that the person by, for, or on behalf of whom any funds are held is or may be—

(a)

a person who commits, attempts to commit, participates in or facilitates the commission of terrorism,

(b)

a person controlled or owned directly or indirectly by a person referred to in sub-paragraph (a) above,

(c)

a person acting on behalf of, or at the direction of, a person referred to in sub-paragraph (a) above,

the licensing authority may by notice direct that those funds are not to be made available to that person, except under the authority of a licence granted under this article.

(2)

A notice given under paragraph (1) shall specify either—

(a)

the period for which it is to have effect; or

(b)

that the direction is to have effect until it is revoked by notice under paragraph (3) below.

(3)

The licensing authority may by notice revoke a direction given under paragraph (1) at any time.

(4)

The expiry or revocation of a direction shall not affect the application of article 5 in respect of the funds in question.

(5)

A notice under paragraph (1) or (3) shall be given in writing to the person holding the funds in question (“the recipient”), and shall require the recipient to send a copy of the notice without delay to the person whose funds they are, or on whose behalf they are held (“the owner”).

(6)

A recipient shall be treated as complying with that requirement if, without delay, he sends a copy of the notice to the owner at his last-known address or, if he does not have an address for the owner, he makes arrangements for a copy of the notice to be supplied to the owner at the first available opportunity.

(7)

Any person who contravenes a direction under paragraph (1) above shall be guilty of an offence.

(8)

A recipient who fails to comply with such a requirement as is mentioned in paragraph (6) shall be guilty of an offence.