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Police Reform Act 2002

Section 45: Code of practice relating to chief officers’ powers under Chapter 1

263.This section requires the Secretary of State to issue a code of practice about the exercise of the powers extended under Chapter 1 of Part 4. It provides that he may revise any part or all of the code of practice from time to time; and that chief officers and Directors General must have regard to this code in discharging any function to which the code applies. Before issuing or revising any such code, the Secretary of State must consult the Directors General of NCIS and NCS and the Service Authorities of those two organisations. He must also consult those whom he considers represent the interests of police authorities and chief officers of police. Where this formulation occurs in existing legislation, the Secretary of State currently consults the APA and ACPO and/or CPOSA. In addition, he must consult the Mayor of London, and those whom he considers represent the interests of local authorities. The Secretary of State may also consult anyone else he chooses. The Secretary of State must lay any codes or revisions of codes issued under this section before Parliament. The code will include such matters as appropriate combinations of powers that could be given to the various categories of civilian officers. It is likely to cover issues such as criteria for satisfaction of the tests in sections 38(4), 39(4) and (5), and 41(4) as to the suitability and capability of persons for particular functions and as to adequate standards of training. For example, it is proposed that criminal record checks should be carried out before a person is designated or accredited under the Act.

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