61.Section 23 confers a power on the Secretary of State to extend the categories of person, listed in section 2(2), to whom a “relevant duty of care” is owed by reason of section 2(1)(d) – duties owed to a person because they are in custody or detention. The power enables further categories of person in custody or detention or in analogous circumstances to be added.
Commentary on Sections Section 23: Power to extend section 2(2)