Part 2: Prevention and Investigation Measures Imposition of prevention and investigation measures Schedule 7: Prevention and Investigation Measures Part 1: Measures
This schedule sets out an exhaustive list of the types of measures which may be imposed on an individual . The Secretary of State may impose any measures that he or she reasonably considers necessary, for purposes connected with preventing or restricting the individual’s involvement in foreign power threat activity. There could therefore, in practice, be a considerable variation in the number and severity of measures that are imposed on different individuals according to the foreign power threat activity risk that they are assessed to present.
	Paragraph 1 allows the Secretary of State to require an individual to reside at a specified residence – either their own residence or a residence provided by the Secretary of State – and to remain there for any such hours as are specified. This measure is only available for use where the Secretary of State reasonably believes that the individual is, or has been, involved in acts or threats to carry out acts within section 33(4). The Secretary of State may either agree with the current locality in which that individual must reside or require an individual to live in a residence in a locality that the Secretary of State otherwise considers appropriate. The Secretary of State may only require the individual to live in a residence that is more than 200 miles from their home location if the individual agrees.
	Under this measure the individual could be required to remain wholly within the residence during the specified hours (that is, the individual would be required to remain within the property or the individual might also be permitted access to any gardens or communal areas within the outer boundary of the property. The hours between which the individual must remain within the residence must be specified by the Secretary of State in the Part 2 notice. This period is subject to the overriding restrictions on length of curfews established by caselaw relating to Article 5 of the European Convention on Human Rights, but could (for example) be longer than overnight if considered necessary in a particular case.
	The Secretary of State may also require the individual to give notice of the identity of others who live at the specified residence – including if another person moves into the individual’s residence. In relation to this, the individual would have to give notice in accordance with paragraph 18 of Schedule 7.
	Subparagraphs (8), (9) and (10) provide that, where the Secretary of State imposes a requirement to remain at or within the specified residence for specified hours, he or she must include provision allowing the individual to seek permission to be away from the residence on occasion during that period. If granted, such permission can be made subject to conditions (in accordance with paragraph 17(7) of Schedule 7). Such conditions may include that the individual stay at or within agreed premises (if the individual has requested an overnight stay at premises other than the specified residence) and that the individual remain at or within such premises between specified hours. Such permission may also include other conditions restricting the individual’s movements while away from the specified residence. This provision could be used, for example, to allow the individual to stay overnight with a friend or relative (subject to conditions imposing, for example, alternative monitoring or reporting requirements). It could also be used, for example, to allow the individual to attend a particular event on a particular occasion (when he or she would normally be required to remain at or within the residence for that part of the day), provided the individual only attends that event and abides by certain other conditions (such as restrictions on the company the individual keeps and the route they take to attend the event).
	Paragraph 2 allows the Secretary of State to impose restrictions on an individual leaving the United Kingdom, or any area within the United Kingdom. The restrictions imposed may include a requirement not to leave the specified area without receiving permission from or, as the case may be, giving notice to the Secretary of State, and a prohibition on the individual possessing passports or international travel tickets without permission from the Secretary of State.
	Paragraph 3 allows the Secretary of State to impose restrictions on an individual entering specified areas or places, which could include particular streets, localities, or towns (for example the area of Westminster , which would make it harder for the individual to form relationships within the parliamentary estate) or types of areas or places (for example military sites or sites of critical national infrastructure). The Secretary of State may require the individual to obtain permission or, as the case may be, give notice before entering a specified area or place and may impose conditions in relation to the individual’s access to such an area or place. For example, the Secretary of State may require the individual to be escorted by a constable or other person while they are in the specified area or place.
	Paragraph 4 allows the Secretary of State to provide that the individual must comply with directions in relation to their movements given by a constable. The direction must be given for the purpose of (a) securing the individual’s compliance with other specified measures (for example requiring the individual to be escorted to their specified residence for the purposes of fitting him or her with an electronic tag – in accordance with a requirement imposed under paragraph 15) or (b) where the individual is being escorted by a constable as part of a condition imposed under the Act. Directions given under a movement directions measure may last for as long as the constable considers necessary up to a maximum of 24 hours.
	Paragraph 5 allows the Secretary of State to provide for restrictions on the individual’s access to financial services. This can include a requirement to hold only one nominated financial account and to comply with conditions associated with that account (for example, a requirement to provide copies of account statements and related documents). The Secretary of State may also require the individual not to hold more than a specified amount of cash, which for this purpose includes a range of financial instruments as well as notes and coins.
	Paragraph 6 allows the Secretary of State to impose measures relating to the individual’s property, for example, to place restrictions on an individual’s ability to transfer money or other property outside the United Kingdom. The Secretary of State may impose conditions in relation to the transfer of property to or by the individual and may also require the individual to disclose the details of any property of a specific description in which they have an interest or right. The definition of "property" for the purposes of this provision (see paragraph 6, (3)) allows the imposition of a requirement to notify the Secretary of State in advance of the individual, for example, hiring a car.
	Paragraph 7 allows the Secretary of State to prohibit an individual from possessing firearms, offensive weapons, or explosives. Existing powers already require the police to assess whether someone is a "fit person" to have a firearms or explosives licence. However, this measure would introduce a specific criminal sanction for breaching this requirement and would provide additional assurance that subjects may not possess these items.
	Paragraph 8 allows the Secretary of State to impose a measure in relation to electronic communications devices, for example, prohibiting an individual from possessing or using electronic communications devices without permission, and impose conditions on the possession or use of any permitted devices. The Secretary of State may also impose requirements on the individual in relation to the possession or use of devices within the individual’s residence by other persons. Electronic communications devices include computers, telephones, and equipment capable of connecting to the internet Restrictions can be placed on possession or use, including those set out in subparagraph (4), such as a requirement to allow specified people (for example constables) access to the residence for the purpose of monitoring any devices.
	Where the Secretary of State imposes an electronic communications device measure it must, as a minimum, allow (subject to any conditions on such use as may be specified under sub-paragraph (2)(b)) the individual to possess and use a fixed line telephone, a computer with internet access via a fixed line and a mobile phone which does not provide access to the internet (subparagraph (3)).
	Paragraph 9 allows the Secretary of State to impose restrictions on the individual’s association or communication with other persons. The Secretary of State may for example impose a requirement that the individual may not associate with a list of named individuals (without permission), and that if they wish to associate with others, they must first give notice to the Secretary of State. Permission to associate or communicate with a specified person may be subject to conditions (see subparagraph (2)(c) and paragraph 17(7)), for example that the individual is escorted by a constable or someone else. This measure covers association or communication by any means whether directly or indirectly. If, on being notified that the individual wishes to associate with a named person, the Secretary of State believes that prohibiting such association is necessary to prevent or restrict the individual’s involvement in foreign power threat activity, the Secretary of State may vary the measure to provide that person as a specified person with whom the individual may not associate without permission (see section 48(1) which allows for the variation of measures by the Secretary of State).
	Paragraph 10 allows the Secretary of State to impose restrictions on the individual’s work or studies, for example not to undertake work which develops military technology or studies involving research into nuclear technology without permission. The individual could be required to give notice to the Secretary of State before undertaking any other work or studies and to comply with conditions. This measure relates to any business or occupation (paid or unpaid) and any course of education or training. Again, if on being notified that the individual intends to commence employment of a particular nature, and the Secretary of State considers it necessary to prohibit such employment, they may vary the Part 2 notice accordingly under section 48(1).
	Paragraph 11 allows the Secretary of State to require an individual to report to a particular police station and to comply with directions given by a constable in relation to that reporting.
	Paragraph 12 allows the Secretary of State to impose a requirement on an individual who is subject to a Part 2 notice to participate in a polygraph examination for the purposes of: (i) monitoring their compliance with their other measures; and (ii) assessing whether variation of those other measures is necessary for purposes connected with preventing or restricting the individual’s involvement in foreign power threat activity. Polygraphy is a means of measuring certain physiological responses that may be associated with deception. The availability of polygraph as a measure provides a potential additional source of information about individuals who are of a concern due to their engagement in foreign power threat activity which can assist with the management of subjects. The results of the polygraph examination could be used to vary the individual’s measures. This might take the form of a relaxation (for example removing or easing a measure), or adding a further restriction, provided the requirements for doing so are met.
	Subparagraph 2 provides a power for the Secretary of State to make regulations governing the conduct of polygraph testing.
	Subparagraph 4 provides that the information gleaned during the polygraph test (either by way of statement or physiological reaction) will not be used in evidence against the individual for the prosecution of a criminal offence.
	Paragraph 13 allows the Secretary of State to require an individual to attend meetings with such persons, as the Secretary of State may specify. The specified person(s) may also choose the time and place of the meeting.
	Paragraph 14 allows the Secretary of State to require an individual to have their photograph taken.
	Paragraph 15 allows the Secretary of State to require an individual to cooperate with arrangements for enabling their movements, communications, and other activities to be monitored. This may include a requirement to wear, use or maintain an electronic tag and associated apparatus, to comply with associated directions and to grant access to the residence for these purposes.
	Paragraph 16 allows the Secretary of State to require an individual to provide details of their address. This could be required, for example, if the individual has not been relocated and moves house during the life of the measures. Where an individual resides in a multiple occupancy property, they may be required to give precise details about which room they live in. Subparagraph 2 provides a power for the Secretary of State to specify other conditions in connection with the disclosure of the address information. This power could be relied upon to require an individual to give relevant notice a certain time ahead of a planned move.