F131.—(1) The Secretary of State may issue guidance to the police Authority, the Chief Constable and other members of the Police force concerning the discharge of their functions—
(a)under this Part;
(b)under regulations made under section 25 of the principal Act in relation to the matters mentioned in subsection (2)(e) of that section; and
(c)under regulations made under section 26 of the principal Act in relation to the matters mentioned in subsection (2)(cc) of that section;
and the Police Authority and members of the police force shall have regard to any such guidance in the discharge of their functions.
(2) Guidance may not be issued under paragraph (1) in relation to the handling of a particular case.
(3) A failure on the part of the Police Authority or a member of the police force to have regard to any guidance issued under paragraph (1) shall be admissible in evidence on any appeal from a decision taken in proceedings under regulations made in accordance with section 25(3) or 26(3) of the principal Act.
(4) In discharging its functions under Article 24 the Commission shall have regard to any guidance given to it by the Secretary of State with respect to such matters as are for the time being the subject of guidance under paragraph (1) and shall have regard in particular, but without prejudice to the generality of this paragraph, to any such guidance as to the principles to be applied in cases that involve any question of criminal proceedings.
(5) The report of the Commission under Article 27(3) shall contain a statement of any guidance given to the Commission under paragraph (4) during the year to which the report relates.
(6) This Article applies to members of another United Kingdom police force exercising functions under the principal Act or this Part as it applies to members of the police force.
F1prosp. rep. by 1998 c. 32