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Section 41 Five year limit for Part 2 noticesI1I2

United Kingdom

(1)

A Part 2 notice—

(a)

comes into force when the notice is served on the individual or, if later, at the time specified for this purpose in the notice, and

(b)

is in force for the period of one year.

(2)

The Secretary of State may by notice extend a Part 2 notice for a period of one year beginning when the Part 2 notice would otherwise expire.

(3)

A Part 2 notice—

(a)

may be extended under subsection (2) only if conditions A, C and D are met, and

(b)

may be so extended on up to four occasions.

(4)

This section is subject, in particular, to sections 49 (revocation and revival of Part 2 notices) and 50 (replacement of Part 2 notice that is quashed etc).

Annotations

Commencement

I1

S. 41 not in force at Royal Assent, see s. 100(1)

I2

S. 41 in force at 20.12.2023 by S.I. 2023/1272, reg. 2(b)