Part 2: Prevention and Investigation Measures Changes concerning Part 2 notices Section 50: Replacement of a Part 2 notice that is quashed etc
This section makes provision for circumstances in which a Part 2 notice is quashed or directed to be revoked as a result of court proceedings. Such a decision by the court may be as a result of technical deficiencies in the Secretary of State’s use of his or her powers. In these circumstances, the Secretary of State may impose a replacement Part 2 notice, subject to certain provisions that ensure the replacement notice interacts in the same way as did the quashed or revoked notice ("the original notice") with the provisions relating to time limits and new foreign power threat activity.
	Subsections (2) and (3) have the effect that the replacement Part 2 notice may only be in force for the same period of time as the original notice would have been; including that the replacement notice may not be extended if the original notice had already been extended. This ensures a replacement notice cannot be used to circumvent the five-year time limit provided by section 41.
	Similarly, subsections (4) and (5) provide that the quashing or revocation of the Part 2 notice, and its subsequent revival, does not alter the status of activity that was new foreign power threat activity in relation to the original notice. Reasonable belief of foreign power threat activity post-dating the imposition of the original part 2 notice is not therefore required in order to impose a revival notification. And if foreign power threat activity occurs after the imposition of the original notice, that may be relied on as "new" activity, allowing for the imposition of a new Part 2 notice at the end of the 5 year period.
	Subsection (6) has the effect that if there is evidence that the individual engaged in further foreign power threat activity since the imposition of the overturned Part 2 notice, the Secretary of State may (instead of being bound by the rules set out above) impose a new Part 2 notice which triggers a new five-year time limit. The reason for this is that the policy throughout the Part is that foreign power threat activity which occurs since the imposition of measures on an individual allows the Secretary of State to impose measures on that individual beyond the five-year time limit.