Schedule 1, Part 2: Permission and notices Section 13: Revocation and revival of TPIM notices
90.Subsection (3) provides an individual subject to a TPIM 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 TPIM 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 TPIM notice and the measures imposed under it to remain in force.
91.In some such cases, although the measures may no longer be necessary at the time that the TPIM 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 terrorism-related activity (condition A) and where he or she reasonably considers that both the TPIM 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State can do this whether or not the TPIM notice has been extended for a second year under section 5, or has previously been revoked and revived.
92.An exception to this power is provided by subsection (8), which specifies that the Secretary of State may not revive a TPIM notice that has been revoked on the direction of the court. But see section 14, which allows for the imposing of a new TPIM notice in such cases (which requires the permission of the court in addition to the other conditions for imposing measures to be met).
93.Subsection (6)(a) also provides a power for the Secretary of State to revive a notice – for a period of a year – that has previously expired without being extended (after being in force for one of the two years permitted by section 5 without evidence of new terrorism-related activity).
94.The TPIM notice may be revived at any time after its expiry or its revocation.
95.Subsection (9) makes provision for the duration of a revived TPIM notice. The purpose of this provision is to ensure that the overall two year time limit to the period an individual can be subject to a TPIM notice (without further evidence of involvement in terrorism-related activity) is not exceeded. The ‘counting’ of the two year period for which an individual can be subject to a TPIM notice stops at the point at which the notice expires without extension or is revoked. If the TPIM notice is subsequently revived at any time, the ‘counting’ starts again at that point – the two years continues to run from the time the revived notice comes into force. On service of a revived TPIM notice, the individual will be informed of the period for which he or she will remain subject to that notice (see section 28).