87 Guidance concerning disciplinary proceedings etc.E+W
[F1(1)The Secretary of State may issue relevant guidance to—
(a)police authorities,
(b)chief officers of police,
(c)other members of police forces,
(d)special constables, and
(e)persons employed by a police authority who are under the direction and control of the chief officer of police of the police force maintained by that authority.]
[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).]
[F2(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 [F3or 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 [F4or 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(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)
F3Words 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)
F4Words 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)