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Version date: 10 July 2012 - onwards
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Schedule 8, Part IV Emergency Power when Parliament Dissolved etc for Temporary Extension of Maximum Period for Detention Under Section 41 (para. 38)

38

(1) The Secretary of State may make a temporary extension order if -

(a) either -

(i) Parliament is dissolved, or

(ii) Parliament has met after a dissolution but the first Queen's Speech of the Parliament has not yet taken place, and

(b) the Secretary of State considers that it is necessary by reason of urgency to make such an order.

(2) A temporary extension order is an order which provides, in relation to the period of three months beginning with the coming into force of the order, for paragraphs 36 and 37 to be read as if—

(a) in paragraph 36(3)(b)(ii) for “14 days” there were substituted “28 days”, and

(b) the other modifications in sub-paragraphs (3) and (4) were made.

(3) The other modifications of paragraph 36 are -

(a) the insertion at the beginning of sub-paragraph (1) of “Subject to sub-paragraphs (1ZA) to (1ZI),”,

(b) the insertion, after sub-paragraph (1), of -

“(1ZA) Sub-paragraph (1ZB) applies in relation to any proposed application under sub-paragraph

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