Article 2 Interpretation

In this Order the following expressions have, except where otherwise expressly provided, the meanings hereby respectively assigned to them, that is to say—

• “body corporate” includes a Scottish partnership and, in relation to such a partnership, any reference to a director or other officer of a body corporate is a reference to a partner;

• “document” includes information recorded in any form and, in relation to information recorded otherwise than in legible form, references to its production include references to producing a copy of the information in legible form;

• “funds” means financial assets and economic benefits of any kind, including (but not limited to) gold coin, gold bullion, cash, cheques, claims on money, drafts, money orders and other payment instruments; deposits with financial institutions or other entities, balances on accounts, debts and debt obligations; securities and debt instruments (including stocks and shares, certificates representing securities, bonds, notes, warrants, debentures, debenture stock and derivatives contracts); interest, dividends or other income on or value accruing from or generated by assets; credit, rights of set-off, guarantees, performance bonds or other financial commitments; letters of credit, bills of lading, bills of sale; documents evidencing an interest in funds or financial resources, and any other instrument of export financing;

• “relevant institution” means—

  1. (a)

     an institution authorised under the Banking Act 1987^f1;

  2. (b)

     a European authorised institution within the meaning of the Banking Coordination (Second Council Directive) Regulations 1992^f2 which has established a branch in the United Kingdom for the purpose of accepting deposits or other repayable funds from the public; and

  3. (c)

     a building society within the meaning of the Building Societies Act 1986^f3;

• “terrorism” means the use or threat of action where—

  1. (a)
     1. (i)

        the action falls within sub-paragraph (b),

     2. (ii)

        the use or threat is designed to influence the government or to intimidate the public or a section of the public, and

     3. (iii)

        the use or threat is made for the purpose of advancing a political, religious or ideological cause;

  2. (b)

     action falls within this sub-paragraph if it—

     1. (i)

        involves serious violence against a person,

     2. (ii)

        involves serious damage to property,

     3. (iii)

        endangers a person’s life, other than that of the person committing the action,

     4. (iv)

        creates a serious risk to the health or safety of the public or a section of the public, or

     5. (v)

        is designed seriously to interfere with or seriously to disrupt an electronic system;

  3. (c)

     the use or threat of action falling within sub-paragraph (b) which involves the use of firearms or explosives is terrorism whether or not sub-paragraph (a)(ii) is satisfied;

  4. (d)

     in sub-paragraphs (a), (b) and (c)—

     1. (i)

        “action” includes action outside the United Kingdom,

     2. (ii)

        a reference to any person or to property is a reference to any person, or to property, wherever situated,

     3. (iii)

        a reference to the public includes a reference to the public of a country other than that of the United Kingdom,

     4. (iv)

        “the government” means the government of the United Kingdom, of a part of the United Kingdom or of a country other than the United Kingdom.