New Clause 21 — Power to declare reserve power exercisable

Orders of the Day – in the House of Commons at 5:45 pm on 11th June 2008.

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'(1) The Secretary of State may by order declare that the power conferred by Part 4 of Schedule 8 to the Terrorism Act 2000 (c. 11), inserted by Schedule [Amendments relating to period of pre-charge detention] to this Act, to apply for and extend detention under section 41 of that Act beyond 28 days ("the reserve power") is exercisable.

(2) No such order may be made unless—

(a) an order is already in force under section 25 of the Terrorism Act 2006 (c. 11) (extension of maximum period of detention to 28 days), and

(b) the Secretary of State has received a report complying with the requirements of section [Report of operational need for further extension of maximum period of detention] (report of operational need for further extension of maximum period of detention).

(3) The effect of an order under this section is that the reserve power is exercisable in the case of all persons—

(a) then detained under section 41 of that Act, or

(b) subsequently detained under that section at a time when the order is in force.'.

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