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Police Reform Act 2002

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This is the original version (as it was originally enacted).

4Directions to police authorities

This sectionnoteType=Explanatory Notes has no associated

For section 40 of the 1996 Act (power to give directions in response to report on an inspection of a police force carried out for the purposes of that section) there shall be substituted—

40Power to give directions to a police authority

(1)Where a report made to the Secretary of State on an inspection under section 54 states, in relation to any police force maintained under section 2, or in relation to the metropolitan police force—

(a)that, in the opinion of the person making the report, the whole or any part of the force inspected is, whether generally or in particular respects, not efficient or not effective, or

(b)that, in that person’s opinion, the whole or a part of the force will cease to be efficient or effective, whether generally or in particular respects, unless remedial measures are taken,

the Secretary of State may direct the police authority responsible for maintaining that force to take such remedial measures as may be specified in the direction.

(2)Those remedial measures must not relate to any matter other than—

(a)a matter by reference to which the report contains a statement of opinion falling within subsection (1)(a) or (b); or

(b)a matter that the Secretary of State considers relevant to any matter falling within paragraph (a).

(3)If the Secretary of State exercises his power to give a direction under this section in relation to a police force—

(a)he shall prepare a report on his exercise of that power in relation to that force; and

(b)he shall lay that report before Parliament.

(4)A report under subsection (3)—

(a)shall be prepared at such time as the Secretary of State considers appropriate; and

(b)may relate to more than one exercise of the power mentioned in that subsection.

(5)The Secretary of State shall not give a direction under this section in relation to any police force unless—

(a)the police authority maintaining that force and the chief officer of that force have each been given such information about the Secretary of State’s grounds for proposing to give that direction as he considers appropriate for enabling them to make representations or proposals under the following paragraphs of this subsection;

(b)that police authority and chief officer have each been given an opportunity of making representations about those grounds;

(c)that police authority has had an opportunity of making proposals for the taking of remedial measures that would make the giving of the direction unnecessary; and

(d)the Secretary of State has considered any such representations and any such proposals.

(6)The Secretary of State may by regulations make further provision as to the procedure to be followed in cases where a proposal is made for the giving of a direction under this section.

(7)Before making any regulations under this section, the Secretary of State shall consult with—

(a)persons whom he considers to represent the interests of police authorities;

(b)persons whom he considers to represent the interests of chief officers of police; and

(c)such other persons as he thinks fit.

(8)Regulations under this section may make different provision for different cases and circumstances.

(9)A statutory instrument containing regulations under this section shall not be made unless a draft of the regulations has been laid before Parliament and approved by a resolution of each House.

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