Commentary on Sections Section 23: Power to extend section 2(2)
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.