Terrorist Asset-Freezing etc. Act (UK, 2010)

Part 1 of the Terrorist Asset-Freezing etc. Act 2010 established a United Kingdom statutory regime for counter-terrorism asset freezes. Parliament enacted it on 16 December 2010, following Ahmed v HM Treasury (UK Supreme Court, 2010), in which the Court held the 2006 Terrorism Order outside the delegated power. The former Part 1 regime has been repealed, subject to specified savings. The Act as a whole was not repealed.

Former regime

Sections 2 and 6 authorised final and interim Treasury designations on different tests: reasonable grounds to believe for a final designation and reasonable grounds to suspect for an interim designation, together with necessity for protecting the public from terrorism. Under sections 4 and 8, final designations lasted up to one year unless renewed; interim designations lasted no more than 30 days. These were preventative executive decisions, not criminal convictions.

Sections 11 to 15 restricted dealing with designated persons' funds and economic resources and making funds, financial services or economic resources available. Section 17 permitted licences for specified conduct; section 19 imposed reporting duties on relevant institutions. Section 26 provided a route to challenge designation decisions, while section 27 addressed other Treasury decisions. These mechanisms implemented domestic controls associated with UNSCR 1373 (2001) rather than creating a criminal conviction from a designation.

Repeal and successor

Section 59(1) of the Sanctions and Anti-Money Laundering Act (UK, 2018) repealed Part 1 except Schedule 1 paragraphs 1 to 5 and section 45(1) so far as introducing them. The repeal commenced on 31 December 2020 under SI 2020/1535, regulation 3(b). Section 59 also preserves specified effects and territorial arrangements. Part 2's amendments concerning directions under the Counter-Terrorism Act 2008 were outside that Part 1 repeal.

The successor domestic regime is the Counter-Terrorism (Sanctions) (EU Exit) Regulations 2019, SI 2019/577. Its designation machinery commenced on 7 December 2020 and its remaining provisions at the end of the transition period on 31 December 2020. The Counter-Terrorism (International Sanctions) (EU Exit) Regulations 2019, SI 2019/573, are a separate instrument, not a longer title for SI 2019/577.

As checked on 25 October 2026, SI 2019/577 authorises Treasury designations and contains current freezing, availability, licensing and reporting provisions. An Asset freeze restricts dealing; it does not itself transfer title to the state. A licence permits specified conduct without revoking the designation. The current regulations and applicable designation must be checked for a present transaction; the historical tests and durations above belong to the former Act.

Sources

1. United Kingdom, Terrorist Asset-Freezing etc. Act 2010, c. 38, as enacted, sections 2, 4, 6, 8, 11 to 19, 26, 27 and Parts 2 and 3; original text retained 24 October 2026. Current text, checked 25 October 2026.
2. UK Supreme Court, [HM Treasury v Ahmed and others [2010] UKSC 2](https://supremecourt.uk/uploads/uksc_2009_0015_judgment_02_1_1113d59dc5.pdf), 27 January 2010, paragraph 83. This citation concerns the merits holding, not the proposed suspension discussed in paragraph 84.
3. United Kingdom, Sanctions and Anti-Money Laundering Act 2018, section 59; SI 2020/1535, regulation 3; SI 2020/1416, regulation 2. Checked 25 October 2026.
4. United Kingdom, Counter-Terrorism (Sanctions) (EU Exit) Regulations 2019, SI 2019/577, regulations 4 to 8, 11 to 19 and Part 5; government guidance, updated 25 March 2026, checked 25 October 2026.