Part 2Prevention and investigation measures

Changes concerning Part 2 notices

I1I251Other provision relating to the quashing of Part 2 notice

1

A power in relevant proceedings to quash a Part 2 notice, the extension of a Part 2 notice, the revival of a Part 2 notice, or measures specified in a Part 2 notice, includes—

a

in England and Wales or Northern Ireland, power to stay the quashing for a specified time, or pending an appeal or further appeal against the decision to quash; or

b

in Scotland, power to determine that the quashing is of no effect for a specified time or pending such an appeal or further appeal.

2

A decision in relevant proceedings to quash measures specified in a Part 2 notice, or (except as provided in section 50) a decision in relevant proceedings to quash, or to give directions to the Secretary of State in relation to, a Part 2 notice, the extension of a Part 2 notice, or the revival of a Part 2 notice, does not prevent the Secretary of State—

a

from exercising any power under this Act to impose measures (whether or not to the same or similar effect as measures to which the decision relates), or

b

from relying, in whole or in part, on any matters for the purpose of so exercising such a power (whether or not the matters were relied on in exercising powers under this Act in relation to measures or the Part 2 notice to which the decision relates).

3

Schedule 9 makes provision about appeals against convictions.