Schedule 1, Part 2: Permission and notices
58.Several of the measures described in Part 1 of Schedule 1 include requirements for an individual subject to a TPIM notice not to do certain things without the permission of the Secretary of State. Paragraph 13 provides that the Secretary of State may by notice specify, in relation to each measure, the information that the individual must supply when applying for permission and the time by which the application must be made. Where the Secretary of State receives an application for permission, the Secretary of State may by notice request further information and need not consider the application further until the information requested is provided in accordance with the notice. The Secretary of State may grant permission by giving notice to the individual. Permission may be granted subject to conditions set out in the notice; for example a condition that certain information is provided or that the individual is escorted by a constable or other restrictions on movements are complied with.
59.Several of the measures described in Part 1 include requirements for an individual not to do certain things without first giving notice to the Secretary of State, known for this purpose as a ‘Part 1 notice’. Paragraph 14 provides that the Secretary of State may by notice specify, in relation to each measure, the information that the individual must supply in a Part 1 notice and the time by which the Part 1 notice must be given. Where the Secretary of State receives a Part 1 notice, the Secretary of State may by notice request further information. The individual will not have complied with the requirement to give a Part 1 notice until the Secretary of State has notified him or her that the Part 1 notice has been received and that no further information is required.
60.Paragraph 15 provides that the Secretary of State may vary or revoke a notice he or she gives under this Schedule – for example the Secretary of State may vary the conditions attached to a permission.
