The Andrey Lugovoy and Dmitri Kovtun Freezing Order 2018

UK Statutory Instrument 2018 No. 60 — creates 5 criminal offences.

5offences created

0recorded in force

0revoked

Made: 19 January 2018
In force from: 22 January 2018
Extent: Not stated
Subject: Terrorism, official secrets and national security
Made under: Schedule 3 to the Anti-terrorism, Crime and Security Act 2001

Explanatory note

(This note is not part of the Order) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

This Order is made under the Anti-terrorism, Crime and Security Act 2001 (c.24) to impose a freeze on funds in relation to Andrey Lugovoy (AL) and Dmitri Kovtun (DK). Article 3 provides that a specified person may request the reason why they are specified. Article 4 prohibits any person from making funds available to or for the benefit of AL or DK. It also makes provision prohibiting anyone, including AL and DK, from dealing with funds owned, controlled or held by AL or DK. Article 5 makes it an offence to breach the prohibition on making funds available or to engage in activity knowing or intending that it will enable or facilitate the commission of such an offence, subject to a defence based on no knowledge or reasonable suspicion of the relevant circumstances. Article 6 provides for the Treasury to be able to grant licences to disapply the prohibitions and article 7 makes provision in relation to licensing procedure. Article 8 gives effect to the Schedule which makes provision about information and disclosure of information. Article 9 sets the penalties for offences under the Order, article 10 makes provision relating to criminal proceedings and article 11 relates to offences by bodies corporate and Scottish partnerships. Article 12 makes provision about the service of notices.

Offences created by this instrument

A person referred to in article 1(3) who fails to comply with a prohibition imposed by article 4 commits an offence article 5(1) · Status not determined · Strict liability
A person who engages in an activity knowing or intending that it will enable or facilitate the commission by another… article 5(2) · Status not determined · Strict liability
A person (“P”) who provides information, or produces a document, which P knows is false in a material particular with… article 7(5) · Status not determined · Strict liability
A person who recklessly provides information, or produces a document, which is false in a material particular with a… article 7(6) · Status not determined · Requires proof of a state of mind
A person (“P”) who— a fails without reasonable excuse to provide information, or to produce a document, in response to… paragraph 6 of SCHEDULE · Status not determined · Requires proof of a state of mind

What Parliament said about it

Contributions, debates and written statements mentioning this instrument by name. Parliamentary material is reused under the Open Parliament Licence v3.0.

Andrey Lugovoy and Dmitri Kovtun Freezing Order 2018 Commons · General Committees · 8 February 2018 · The Financial Secretary to the Treasury (Mel Stride)
I beg to move, That the Committee has considered the Andrey Lugovoy and Dmitri Kovtun Freezing Order 2018 (S.I. 2018, No. 60). Good morning, Sir Edward. May I say what a great pleasure it is to serve under your—I think it is fair to say—popular chairmanship? The order was laid before the House this year on 19 January and came into force on 22 January. That was to ensure that there was no gap in the freezing measures enforced against Andrey Lugovoy and Dmitri Kovtun in response to the Litvinenko inquiry report published in January 2016. The independent inquiry chaired by Sir Robert Owen…
Andrey Lugovoy and Dmitri Kovtun Freezing Order 2018 Commons · General Committees · 8 February 2018
Andrey Lugovoy and Dmitri Kovtun Freezing Order 2018 Commons · General Committees · 8 February 2018
Andrey Lugovoy and Dmitri Kovtun Freezing Order 2018
Delegated Legislation Commons · Commons Chamber · 20 February 2018 · Mr Speaker
With the leave of the House, I propose to take motions 6 to 17 together. Motion made, and Question put forthwith (Standing Order No. 118(6)), Legal Services That the draft Legal Services Act 2007 (Appeals from Licensing Authority Decisions)(General Council of the Bar) Order 2018, which was laid before this House on 19 December 2017, be approved. That the draft Legal Services Act 2007 (General Council of the Bar) (Modification of Functions) Order 2018, which was laid before this House on 19 December 2017, be approved. Representation of the People That the draft Representation of the People…
Andrey Lugovoy and Dmitri Kovtun Freezing Order 2018 Lords · Lords Chamber · 20 February 2018
Andrey Lugvoy and Dmitri Kovtun Freezing Order 2020 Commons · General Committees · 10 February 2020 · Peter Dowd (Bootle) (Lab)
It is a pleasure to see you in the Chair, Mr Robertson, and to see new Members on both the Government and Opposition Benches. I agree with the vast majority—if not all—of what the Minister said, which is a first. I sat on the Committee two years ago for the Andrey Lugovoy and Dmitri Kovtun Freezing Order 2018, which this order extends. As the Minister said, the public inquiry found that Lugovoy and Kovtun poisoned Alexander Litvinenko in 2006; the freeze on Lugovoy and Kovtun, under the Anti-terrorism, Crime and Security Act 2001, is appropriate. As the Minister indicated, the freeze…

How Parliament handled it

Both Houses had to approve this instrument before it could take effect, and did so.

Procedure: Made affirmative — both Houses had to approve it
Could either House amend it?: No. A statutory instrument is put to each House as a whole thing, to be approved or not. Neither House can change a word of it.

Procedural history

Instrument created 19 January 2018
Instrument made (signed into law) 19 January 2018
Laid before the House of Commons 19 January 2018 · Commons
Laid before the House of Lords 19 January 2018 · Lords
Motion to approve the instrument tabled by the Government 19 January 2018 · Commons
Instrument comes into force as law 22 January 2018
Considered for English votes for English laws (EVEL) certification 23 January 2018 · Commons
Not certified under the English votes for English laws (EVEL) process 23 January 2018 · Commons
Considered by the Secondary Legislation Scrutiny Committee (SLSC) 30 January 2018 · Lords
Information paragraph provided by the Secondary Legislation Scrutiny Committee (SLSC) 30 January 2018 · Lords
Considered by the Joint Committee on Statutory Instruments (JCSI) 31 January 2018 · Commons, Lords
Not drawn to the special attention of the Houses by the Joint Committee on Statutory Instruments (JCSI) 31 January 2018 · Commons, Lords
Motion to approve the instrument tabled by the Government 31 January 2018 · Lords
Delegated Legislation Committee (DLC) debate 8 February 2018 · Commons
Question put on motion to consider the instrument 8 February 2018 · Commons
Motion to consider the instrument approved 8 February 2018 · Commons
Chamber debate 20 February 2018 · Lords
Question on motion to approve the instrument put 20 February 2018 · Commons
Instrument approved 20 February 2018 · Commons
Question on motion to approve the instrument put 20 February 2018 · Lords
Instrument approved 20 February 2018 · Lords
Instrument remains law 20 February 2018
Procedure concluded in the House of Commons and the House of Lords 20 February 2018 · Commons, Lords
Approval period ends 10 March 2018

From Parliament's Statutory Instruments service. Parliamentary material is reused under the Open Parliament Licence v3.0.

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