(1)If the Secretary of State considers it necessary to do so for the purpose of promoting the efficiency and effectiveness generally of the police forces maintained for police areas in England and Wales, he may issue codes of practice relating to the discharge of their functions by the chief officers of police of those forces.
(2)The Secretary of State may from time to time revise the whole or any part of a code of practice issued under this section.
F2(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)Before [F3issuing or revising such a code, the Secretary of State] shall consult with—
[F4(a)such persons as appear to the Secretary of State to represent the views of police and crime commissioners;
(aa)the Mayor's Office for Policing and Crime;
(ab)the Common Council;]
[F5(b)the Association of Chief Police Officers; and]
(c)such other persons as [F6the Secretary of State] thinks fit.
(5)The Secretary of State shall lay any code of practice issued by him under this section, and any revision of any such code, before Parliament.
(6)The Secretary of State shall not be required by subsection (5) to lay before Parliament, or may exclude from what he does so lay, anything the publication of which, in his opinion—
(a)would be against the interests of national security;
(b)could prejudice the prevention or detection of crime or the apprehension or prosecution of offenders; or
(c)could jeopardise the safety of any person.
(7)In discharging any function to which a code of practice under this section relates, a chief officer of police shall have regard to the code.]
Textual Amendments
F1S. 39A inserted (1.10.2002) by Police Reform Act 2002 (c. 30), ss. 2, 108(2)-(5); S.I. 2002/2306, art. 2(a)
F2S. 39A(3) omitted (16.1.2012) by virtue of Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 30(2); S.I. 2011/3019, art. 3, Sch. 1
F3Words in s. 39A(4) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 30(3)(a); S.I. 2011/3019, art. 3, Sch. 1
F4Ss. 39A(4)(a)-(ab) substituted for s. 39A(4)(a) (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 30(3)(b); S.I. 2011/3019, art. 3, Sch. 1 (with Sch. 2 para. 12)
F5S. 39A(4)(a)(b) substituted (1.4.2007) by Police and Justice Act 2006 (c. 48), s. 53(1), Sch. 4 para. 3; S.I. 2007/709, art. 3(d) (with art. 6)
F6Words in s. 39A(4) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 30(3)(c); S.I. 2011/3019, art. 3, Sch. 1