National Security Act 2023

49 Revocation and revival of Part 2 notices

(1) The Secretary of State may by notice (a “revocation notice”) revoke a Part 2 notice at any time.

(2) The revocation of a Part 2 notice takes effect when the revocation notice is served or, if different, at the time specified for this purpose in the revocation notice.

(3) The individual to whom a Part 2 notice relates may make an application to the Secretary of State for the revocation of the Part 2 notice.

(4) The Secretary of State must consider an application made under subsection (3).

(5) The power under subsection (1) is exercisable whether or not an application has been made under subsection (3).

(6) The Secretary of State may by notice (a “revival notice”) at any time revive a Part 2 notice which—

(a) has expired—

(i) without being extended under section 41(2), or

(ii) having been extended under section 41(2) on fewer than four occasions, or

(b) has been revoked,

if conditions A, C and D are met.

(7) The power of revival may be exercised—

(a) under subsection (6)(a) or (b) whether or not the Part 2 notice has previously been revoked and revived, and

(b) under subsection (6)(b) whether or not the Part 2 notice has been extended under section 41(2) (and regardless of how many times it has been so extended).

(8) But the power of revival under subsection (6)(b) may not be exercised to revive a Part 2 notice which the Secretary of State was required to revoke by directions given by the court in relevant proceedings.

(9) A Part 2 notice which is revived—

(a) comes back into force when the revival notice is served or, if later, at the time specified for this purpose in the revival notice,

(b) is in force—

(i) for the period of one year (in a case where the revived notice had expired), or

(ii) for the period of time for which the Part 2 notice would have continued in force if it had not been revoked (in a case where the revived notice had been revoked), and

(c) is treated as having been extended under section 41(2) on the same number of occasions (if any) as on which the revived notice had been so extended.