Part 1Powers of the Secretary of State

7 Regulation of procedures and practices

After section 53 of the 1996 Act there shall be inserted—

53A Regulation of procedures and practices

1

The Secretary of State may by regulations make provision requiring all police forces in England and Wales—

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

b

the Central Police Training and Development Authority.

3

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

a

persons whom he considers to represent the interests of police authorities; and

b

persons whom he considers to represent the interests of chief officers of police.

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 Central Police Training and Development Authority shall consult with—

a

persons whom it considers to represent the interests of police authorities;

b

persons whom it considers to represent the interests of chief officers of police; 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 Central Police Training and Development Authority 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 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.