Part 2: Prevention and Investigation Measures Changes concerning Part 2 notices Section 49: Revocation and revival of Part 2 notices
Subsection (3) provides an individual subject to a Part 2 notice with the right to request that the Secretary of State revokes that notice, and the Secretary of State is under a duty to consider that request (subsection (4)). Subsection (1) provides the power for the Secretary of State to revoke a Part 2 notice at any time by serving a revocation notice (whether or not in response to a request by the individual (subsection (5)). The Secretary of State may exercise this power where the Secretary of State considers that it is no longer necessary for the Part 2 notice and the measures imposed under it to remain in force.
	In some such cases, although the measures may no longer be necessary at the time that the Part 2 notice is revoked (for example because the individual has been detained in prison), they may subsequently become necessary again (when the same individual is released from prison, perhaps following an unsuccessful prosecution for a criminal offence). Subsection (6)(b) therefore provides a power for the Secretary of State to revive a previously revoked notice, where he or she continues to reasonably believe that the individual is or has been involved in foreign power threat activity (condition A) and where he or she reasonably considers that both the Part 2 notice (condition C) and the measures specified in it (condition D) are necessary. Subsection (7) specifies that the Secretary of State can do this whether or not the Part 2 notice has been extended under section 41 or has previously been revoked and revived.
	An exception to this power is provided by subsection (8), which specifies that the Secretary of State may not revive a Part 2 notice that has been revoked on the direction of the court. But see section 50, which allows for the imposing of a new Part 2 notice in such cases (which requires the permission of the court in addition to the other conditions for imposing measures to be met).
	Subsection (6)(a) also provides a power for the Secretary of State to revive a notice – for up to a period of a year – that has previously expired without being extended (after being in force for one of the five years permitted by section 41 without evidence of new foreign power threat activity).
	The Part 2 notice may be revived at any time after its expiry or its revocation.
	Subsection (9) makes provision for the duration of a revived Part 2 notice. The purpose of this provision is to ensure that the overall five-year time limit to the period an individual can be subject to a Part 2 notice (without further evidence of involvement in foreign power threat activity) is not exceeded. The ‘counting’ of the five-year period for which an individual can be subject to a Part 2 notice stops at the point at which the notice expires without extension or is revoked. If the Part 2 notice is subsequently revived at any time, the ‘counting’ starts again at that point – the five years continues to run from the time the revived notice comes into force. On service of a revived Part 2 notice, the individual will be informed of the period for which he or she will remain subject to that notice (see section 59).