Part 2Prevention and investigation measures
Changes concerning Part 2 notices
I1I249Revocation 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
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has been revoked,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under subsection (6)(a) or (b) whether or not the Part 2 notice has previously been revoked and revived, and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for the period of time for which the Part 2 notice would have continued in force if it had not been revoked (in a case where the revived notice had been revoked), and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.