(1)An order under section 3 shall be made by statutory instrument.
(2)Subject to subsection (3), no order under section 3 shall be made unless a draft of the order has been approved by resolution of each House of Parliament.
(3)An order suspending the operation of section 1 may be made without a draft having been approved if it appears necessary to the Secretary of State by reason of urgency, in which case the order—
(a)shall include a declaration to that effect;
(b)shall be laid before Parliament after being made; and
(c)shall cease to have effect at the end of the period of forty days (computed in accordance with section 7(1) of the M1Statutory Instruments Act 1946) after the day on which it was made unless a resolution has been passed by each House approving it.
(4)Where an order suspending the operation of section 1 ceases to have effect by virtue of subsection (3)(c) above, the detention of a person while the order was in force shall not be treated as unlawful by reason only of the order’s ceasing to have effect.
Marginal Citations