In this Part—

• “act” and “conduct” include omissions and statements;

• “condition A”, “condition B”, “condition C”, “condition D” or “condition E” means that condition as set out in section 40;

• “court” means—

  1. a

     in the case of proceedings relating to an individual whose principal place of residence is in Scotland, the Outer House of the Court of Session;

  2. b

     in the case of proceedings relating to an individual whose principal place of residence is in Northern Ireland, the High Court in Northern Ireland;

  3. c

     in any other case, the High Court in England and Wales;

• “decision relating to a Part 2 notice” has the meaning given in section 53;

• “enactment” includes—

  1. a

     an enactment comprised in subordinate legislation (within the meaning of the Interpretation Act 1978);

  2. b

     an enactment comprised in, or in an instrument made under, a Measure or Act of Senedd Cymru;

  3. c

     an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament;

  4. d

     an enactment comprised in, or in an instrument made under, Northern Ireland legislation;

  5. e

     retained direct EU legislation;

• “foreign power threat activity” and “involvement” (in relation to such activity) have the same meaning as in Part 1 (see section 33);

• “measures” means prevention and investigation measures (which has the meaning given in section 39);

• “notice” means a notice in writing;

• “Part 2 notice” has the meaning given in section 39(1);

• “relevant proceedings” means—

  1. a

     proceedings on an application for permission under section 42;

  2. b

     proceedings on a reference under Schedule 8;

  3. c

     proceedings on a directions hearing held in accordance with directions under section 44(2);

  4. d

     proceedings on a review hearing held in accordance with directions under section 44(4);

  5. e

     proceedings on an appeal under section 52;

  6. f

     proceedings by virtue of section 53(2);

  7. g

     proceedings on an application made by virtue of rules of court made under paragraph 6 of Schedule 10 (application for order requiring anonymity);

  8. h

     any other proceedings for questioning a decision relating to a Part 2 notice (including any claim for damages or other relief arising out of such a decision).

For the purposes of the definition of “new foreign power threat activity” in section 40(7), if a Part 2 notice is revived under section 49(6), a reference to the notice coming into force is a reference to it coming into force by virtue of section 41(1) (and not to it coming back into force by virtue of section 49(9)).

For the purpose of determining what measures may be imposed on an individual, it is immaterial whether the involvement in foreign power threat activity to be prevented or restricted by the measures is connected with matters to which the Secretary of State’s belief for the purpose of condition A relates.

This is subject to section 40(6).

Subsections (2) to (5) apply for the purposes of this Part.