Part 2: Prevention and Investigation Measures Imposition of prevention and investigation measures Section 40: Conditions A to E
Subsections (1) to (5) of section 40 set out the conditions on which the power to impose measures on an individual is dependent. Condition A (subsection (1)) specifies that the Secretary of State must reasonably believe that the individual is or has been involved in foreign power threat activity (see section 32).
	Condition B (subsection (2)) requires that some or all of the relevant activity (on the basis of which the test in condition A is satisfied) must be new foreign power threat activity. Subsection (7) defines "new foreign power threat activity" in a number of ways depending on the circumstances of the case.
	Condition B, when read together with subsection (7) and section 42 (which specifies that a Part 2 notice may only be extended annually four times – so that it lasts up to a maximum of five years), has the effect of ensuring that, if a person has already been subject to a Part 2 notice for a total of five years, a further Part 2 notice can be imposed on that person only if he or she has re-engaged in further foreign power threat activity since the Part 2 notice that marked the start of that five year period. The five-year period is not necessarily consecutive – as the Part 2 notice may, for example, have been revoked and then revived at a later date; time only counts towards the five-year period if the individual is subject to measures imposed by the Part 2 notice during that time. See section 41 and its interaction with sections 50 and 51below.
	Conditions C (subsection (3)) and D (subsection (4)) set out the two limbs of the necessity test for imposing measures on a person. The Secretary of State must reasonably consider it necessary for purposes connected with protecting the United Kingdom from a risk of acts or threats within section 33 to impose measures on the individual (Condition C). The Secretary of State must also consider it necessary, for purposes connected with preventing or restricting the individual’s involvement in foreign power threat activity, to impose the specific measures contained in the Part 2 notice on the individual (Condition D).
	Condition E (subsection (5)) requires the Secretary of State to have obtained the court’s permission under section 43 before imposing measures (subsection (5)(a)) or to reasonably consider that there is a need for measures to be imposed urgently, without first obtaining permission (subsection (5)(b)). In such a case of urgency, the Secretary of State must refer the case to the court immediately after imposing the measures – see section 43 and Schedule 8.
	Subsection (6) clarifies that the prevention and investigation measures under paragraph 1 of Schedule 7 (residence measure) can only be used in relation to acts or threats within section 33(3)(b) or (c).