Clause 41 amends the current powers contained in paragraph 2(2) to Schedule 3 of the IA 1971, which permits the Secretary of State to detain individuals liable to deportation on the grounds that their presence in the UK is not considered conducive to the public good.163 According to the Government, this clause is intended to “clarify” that the Home Office may detain someone subject to deportation from the point at which the Home Office serves notification that deportation is being considered.164 This means that persons liable to deportation can be detained (when notified in writing by the Secretary of State): a. while the Secretary of State considers whether to make a deportation order, and b. where the Secretary of State decides to make a deportation order, pending the making of the deportation order.