Part 2: Prevention and Investigation Measures Changes concerning Part 2 notices Section 48: Variation of measures
This section makes provision for the measures imposed under a Part 2 notice to be varied in a number of different circumstances.
	Subsection (2) makes it possible for the Secretary of State to vary a relocation measure in a Part 2 notice if considered necessary for reasons concerned with the efficient and effective use of resources in relation to the individual. The relocation measure is only available as part of the residence measure, for use where activity under section 33(3) (b) or (c) is concerned. A non-exhaustive example of when this power to vary might be relied on is as follows: a subject is relocated away from his home address to a residence in area X. During the life of the measure, police resources in area X become stretched or more specialist resources are available elsewhere, so the relocation measure is varied to provide for a new residence in area Y, and the subject is required to move there. This power will only apply where the individual has already been relocated away from his home address, and where the justification for requiring relocation still exists.
	Subsection (4) provides that the individual subject to the Part 2 notice may apply – in writing (subsection (6)) – to the Secretary of State for any measure imposed under their Part 2 notice to be varied. The Secretary of State is under a duty to consider any such application (subsection (5)). Subsections (7) and (8) provide that the Secretary of State may request further information in connection with the application, which must be provided within a specified period of time. The Secretary of State will not be required to consider the application further unless and until that information is received.
	Subsection (10) clarifies that the Secretary of State is able to exercise the power to vary the imposed measures (as provided for by subsection 1) at any time and whether or not the individual has made an application for a variation under subsection (4). This includes the power to vary the measures without the consent of the individual if the Secretary of State reasonably considers that variation to be necessary for the purposes of preventing or restricting the individual’s involvement in foreign power threat activity.
	Subsections (11) and (12) provide that the Secretary of State may exercise these powers to vary measures in relation to a Part 2 notice that has expired without being renewed, or that has been revoked, before that notice is revived under section 49 (see next section of these notes on revival of notices). These subsections also provide that in such circumstances the consideration of the necessity of the measures (by both the Secretary of State and the court) relates to the revived notice as varied. In short, these provisions allow the Secretary of State, when reviving a Part 2 notice under section 49, to vary the measures specified in that notice from those that were contained in it prior to its expiry or revocation.