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4. Listed entities

(1) This section applies to an entity that is a person or group—

(a) for which the Security Council of the United Nations has made a decision under Chapter 7 of the Charter of the United Nations relating wholly or partly to terrorism; and

(b) identified in the decision, or using a mechanism established under the decision, as an entity to which the decision relates.

(2) Regulations made under section 59 may prescribe that an entity mentioned in subsection (1) is not to be a specified entity for the purposes of this Act.

5. Declarations that certain entities are specified entities

(1) The Attorney-General may apply to the Court for a declaration under subsection (3) if the Attorney-General has reasonable grounds to believe that—

(a) an entity has knowingly committed, attempted to commit, participated in committing or facilitated the commission of a terrorist act, or

(b) an entity is knowingly acting on behalf of, at the direction of or in association with an entity mentioned in paragraph (a); or

(c) an entity (other than an individual) is wholly owned or effectively controlled directly or indirectly by an entity mentioned in paragraph (a) or (b).

(2) The Court—

(a) may make orders for service of the application; and

(b) may deal with the application ex parte.

(3) If the Court is satisfied that there is evidence to support the application, the Court may—

(a) declare the entity to be a specified entity; and

(b) require the Attorney-General to give notice of the declaration to any person who may be affected by the declaration.

(4) The declaration must be published in the Gazette.

6. Revocation of declarations

(1) If the Court has made a declaration under section 5 in relation to an entity, the Court may, on application by the Attorney-General or the specified entity, revoke the declaration.

(2) If the application is made by the specified entity—

(a) the specified entity must give reasonable written notice of the application to the Attorney-General; and

(b) before deciding on the application, the Court must hear from the Attorney-General.

(3) The Court must—

(a) if the Court decides that there are reasonable grounds to do so, revoke the declaration; or

(b) if the Court decides that there are no reasonable grounds to revoke the declaration,

refuse the application.

(4) If the Court revokes the declaration, the Attorney-General must—

(a) if practicable, tell the entity in writing; and

(b) publish a notice of revocation in the Gazette.

7. Procedure

(1) For a hearing under this Part, the Court—

(a) may hear any evidence or information presented by the Attorney-General in the

absence of the entity or counsel representing the entity, or the public, if the Court thinks that disclosure of the information would prejudice national security or endanger the safety of any person; and

(b) may receive in evidence anything that would not otherwise be admissible as evidence (including information from the government or institution or agency of a foreign country or an international organisation), that the Court thinks is reliable and relevant.

(2) For a hearing under section 5 or 6, the Court must give the entity a statement summarising the information available to the Court, without disclosing any information that the Court thinks could prejudice national security or endanger the safety of any person.

8. Review of declarations

(1) The Attorney-General must review all declarations made under section 5(3) every six months to determine whether there are still reasonable grounds, as set out in section 5(1), for the declarations to continue to apply to specified entities.

(2) If the Attorney-General determines that there are no reasonable grounds for a declaration to continue to apply to a specified entity, the Attorney-General must apply to the Court that the declaration be revoked in relation to the specified entity.

9. Appeal

The Attorney-General or an entity in relation to which a declaration is made may appeal to the Court of Appeal against a decision made by the Court under this Part.