Commentary on Sections and Schedules Part 1 – Terrorist Asset-Freezing Interim designations Section 6 – Treasury’s power to make interim designation
23.Section 6 gives the Treasury a power to make an interim designation of a person for the purposes of Part 1 of the Act. Subsection (1) provides that the Treasury may only exercise such power if the requirements of paragraphs (a) and (b) are met. Under paragraph (a) the Treasury must reasonably suspect that the person is or has been involved in terrorist activity (or is owned or controlled directly or indirectly by, or is acting on behalf or at the direction of, such a person). Under paragraph (b) the Treasury can only designate such a person if they consider that it is necessary for the purpose of protecting members of the public from terrorism that financial restrictions should be applied in relation to the person.
24.Subsection (2) applies subsections (2) to (4) of section 2 (definitions of involvement in terrorist activity and of terrorism) to this section.
25.Subsection (3) provides that a further interim designation of a person cannot be made on the same, or substantially the same, evidence as the first interim designation.