Criminal Justice (Terrorist Offences) Act 2005

Interpretation of Part 4.

12

12.—(1) In this Part, except where the context otherwise requires—

“disposal order” means an order under section 16 ;

“funds” means—

( a) assets of every kind, whether tangible or intangible, movable or immovable, however acquired, and

( b) any legal document or instrument in any form, including electronic or digital, evidencing title to, or any interest in, any asset, including, but not limited to, a bank credit, traveller's cheque, bank cheque, money order, share, security, bond, draft and letter of credit;

“interim order” means an order under section 14 ;

“interlocutory order” means an order under section 15 ;

“member of the Garda Síochána” means a member of the Garda Síochána not below the rank of Chief Superintendent;

“respondent” means—

( a) a person in respect of whom an application for an interim order or an interlocutory order has been made, or

( b) a person in respect of whom an interim order or an interlocutory order has been made,

and includes a person who, but for this Act, would become entitled on the death of a person referred to in paragraph (a) or (b) to any funds to which such an order relates (being an order that is in force and is in respect of that person);

“Terrorist Financing Convention” means the International Convention for the Suppression of the Financing of Terrorism adopted by resolution 54/109 of the General Assembly of the United Nations on 9 December 1999, the English language text of which is set out for convenience of reference in Schedule 7.

(2) For the purposes of sections 14 to 20, a person is considered to be in possession or control of funds notwithstanding that all or part of them—

( a) are lawfully in the possession or control of a member of the Garda Síochána of any rank or any other person, having been lawfully seized or otherwise taken by any such member or person, or

( b) are subject to an interim order, an interlocutory order or any other order of a court that does either of the following or is to the like effect:

(i) prohibits any person from disposing of or otherwise dealing with the funds or diminishing their value;

(ii) contains any conditions or restrictions in that regard,

or

( c) are subject to a letting agreement, the subject of a trust or otherwise occupied by another person or are inaccessible.

(3) Subsection (2) is not to be construed to limit the generality of sections 11(2) and 13(2) of the Act of 1996 as made applicable by section 20 of this Act.