[F187 Guidance concerning disciplinary proceedings etc.E+W
(1)The Secretary of State may issue relevant guidance to—
[F2(a)local policing bodies,]
(b)chief officers of police,
(c)other members of police forces,
(d)special constables, and
[F3(e)members of the civilian staff of a police force, including the metropolitan police force (within the meaning of Part 1 of the Police Reform and Social Responsibility Act 2011).]
[F1(1ZA)“Relevant guidance” is guidance as to the discharge of functions under regulations under section 50 or 51 in relation to the matters mentioned in section 50(2)(e) or 51(2)(ba).]
[F4(1A)The Secretary of State may also issue guidance to the Independent Police Complaints Commission concerning the discharge of its functions under any regulations under section 50 [F5or 51] in relation to disciplinary proceedings.
(2)Nothing in this section shall authorise the issuing of any guidance about a particular case.
(3)It shall be the duty of every person to whom any guidance under this section is issued to have regard to that guidance in discharging the functions to which the guidance relates.
(4)A failure by a person to whom guidance under this section is issued to have regard to the guidance shall be admissible in evidence in any disciplinary proceedings or on any appeal from a decision taken in any such proceedings.
(5)In this section “disciplinary proceedings” means any proceedings under any regulations under section 50 [F6or 51] that are identified as disciplinary proceedings by those regulations.]]
Textual Amendments
F1S. 87(1)(1ZA) substituted for s. 87(1) (1.12.2008) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 22 para. 9(2); S.I. 2008/2993, art. 2(1)(h)(ii) (with art. 3)
F2S. 87(1)(a) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 41(a); S.I. 2011/3019, art. 3, Sch. 1
F3S. 87(1)(e) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 41(b); S.I. 2011/3019, art. 3, Sch. 1
F4S. 87(1A)-(5) substituted for s. 87(2) (1.4.2004) by Police Reform Act 2002 (c. 30), s. 108(2), Sch. 7 para. 18; S.I. 2004/913, art. 2(e)
F5Words in s. 87(1A) inserted (1.12.2008) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 22 para. 9(3); S.I. 2008/2993, art. 2(1)(h)(ii) (with art. 3)
F6Words in s. 87(5) inserted (1.12.2008) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 22 para. 9(4); S.I. 2008/2993, art. 2(1)(h)(ii) (with art. 3)