The Terrorist Asset-Freezing (Temporary Provisions) Act 2010 was an Act of the United Kingdom Parliament to make provision for the temporary validity of certain Orders in Council imposing financial restrictions on, and in relation to, persons suspected of involvement in terrorist activity; and for connected purposes.
These Orders in Council had been the chosen method of implementation of Resolution 1373 and the directives of the 1267 Committee.
The Act was passed following the HM Treasury v Ahmed ruling by the Supreme Court of the United Kingdom on 27 January 2010 that asset-freezing orders made under the United Nations Act 1946 – specifically the Terrorism (United Nations Measures) Order 2009, the Terrorism (United Nations Measures) Order 2006, the Al-Qa’ida and Taliban (United Nations Measures) Order 2002, the Terrorism (United Nations Measures) Order 2001 and the Al-Qaida and Taliban (United Nations Measures) Order 2006 – were unlawful, because the 1946 Act was not intended to authorise coercive measures which interfere with fundamental rights without parliamentary scrutiny:[2] There was no indication during the [February 1946] debates at Second Reading in either House that it was envisaged that the Security Council would find it necessary under article 41 to require states to impose restraints or take coercive measures against their own citizens.
On the contrary it upholds the supremacy of Parliament in deciding whether or not measures should be imposed that affect the fundamental rights of those in this country.
[4] Speaking in the House of Commons on 8 February, Liberal Democrat MP David Heath said of the bill: [T]he legislation is before us because the Government have been found to be acting ultra vires and failing to secure proper parliamentary approval ...