Police Act 1996

[F153A Regulation of procedures and practicesE+W

(1)The Secretary of State may by regulations make provision requiring [F2one or more police forces]

(a)to adopt particular procedures or practices; or

(b)to adopt procedures or practices of a particular description.

(2)Before making any regulations under this section, the Secretary of State shall seek advice from—

(a)the chief inspector of constabulary; and

[F3(b)the National Policing Improvement Agency.]

(3)Before seeking advice under subsection (2) the Secretary of State shall consult about his proposal to do so 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;]

(b)the Association of Chief Police Officers.

(4)A request for the purposes of subsection (2) may specify a period within which the requested advice is to be provided; and, if a period is so specified, the requested advice must be provided within it.

(5)Before giving any advice in response to a request for the purposes of subsection (2), the [F5National Policing Improvement Agency] shall consult with—

[F6(a)the Association of Police Authorities; and

(b)the Association of Chief Police Officers; and]

(c)such other persons as it thinks fit.

(6)The Secretary of State shall not make any regulations under this section requiring the adoption of any procedure or practice unless—

(a)he has, as respects that procedure or practice, received advice from the [F7National Policing Improvement Agency] and has considered that advice;

(b)the advice of the chief inspector of constabulary states that that inspector is satisfied as to the matters mentioned in subsection (7); and

(c)the Secretary of State himself is satisfied as to those matters.

(7)Those matters are—

(a)that the adoption of that procedure or practice is necessary in order to [F8

(i)promote the efficiency and effectiveness of a police force, or

(ii)] facilitate the carrying out by members of any two or more police forces of joint or co-ordinated operations;

(b)that the making of regulations is necessary for securing the adoption of that procedure or practice; and

(c)that securing the adoption of that procedure or practice is in the national interest.

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

(9)A statutory instrument containing the first regulations to be made 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.

(10)A statutory instrument containing any other regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.]

Textual Amendments

F1S. 53A inserted (1.10.2002) by Police Reform Act 2002 (c. 30) {ss. 7}, 108(2)-(5); S.I. 2002/2306, art. 2(a)

F2Words in s. 53A(1) substituted (29.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 12(2), 116(1); S.I. 2010/125, art. 2(c)

F5Words in s. 53A(5) substituted (1.4.2007) by Police and Justice Act 2006 (c. 48), s. 53(1), Sch. 1 para. 63(3); S.I. 2007/709, art. 3(a) (with art. 6)

F7Words in s. 53A(6)(a) substituted (1.4.2007) by Police and Justice Act 2006 (c. 48), s. 53(1), Sch. 1 para. 63(4); S.I. 2007/709, art. 3(a) (with art. 6)

F8Words in s. 53A(7)(a) inserted (29.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 12(3), 116(1); S.I. 2010/125, art. 2(c)