Schedule 1, Part 2: Permission and notices Section 30: Interpretation etc
142.Section 30 sets out the meaning of various terms used throughout the Act and makes certain provisions for the application of other sections. In particular, subsection (2) has the effect that where a new TPIM notice is imposed on an individual who has already been subject to measures for two years, the Secretary of State may take into account evidence he or she relied on in relation to the imposition of the previous TPIM notice. But there would also need to be evidence of terrorism-related activity which post-dated the imposition of the earlier TPIM notice for the Secretary of State to have the power to impose the new notice (see subsections (2) and (6) of section 3).
143.Subsection (3) provides that where the definition of “new terrorism-related activity” in section 3(6) refers to a TPIM notice being in force in relation to an individual, a notice that is revived (under section 13(6)) is to be treated as the same TPIM notice as the notice previously revoked or expired. In other words, if a TPIM notice has been revived under section 13(6), when considering whether there is “new” terrorism-related activity which could found the imposition of measures on the individual beyond 2 years, that “new” activity must take place at some point after the original imposition of the measures (not necessarily after the revival of the measures).