Part 1: Espionage, sabotage and persons acting for foreign powers Powers of search etc. Schedule 6: Detention under Section 27 Part 7: Emergency power when Parliament dissolved etc. for temporary extension of maximum period for detention under section 27
This part provides an emergency power for the Secretary of State, when Parliament is dissolved, (or Parliament has met after a dissolution, but the first King’s Speech of the Parliament has not yet taken place) to temporarily increase, for 3 months, the maximum period of detention under schedule 6 from 14 days to 28 days. The Secretary of State must consider its necessary to do so by reason of urgency and to make the extension by way of statutory instrument. The relevant requirements of Schedule 6 continue to apply, including the requirement to apply to a judicial authority for a warrant of further detention or extension of such a warrant. Paragraph 46(6) provides that the Secretary of State can revoke the regulations at any point if they consider it appropriate to do so. Section 95(7)-(10) covers the procedure for regulations made under paragraph 46, including that the statutory instrument will cease to have effect if Parliament does not approve it within 20 days of its return.