Anti-social Behaviour, Crime and Policing Act 2014

123 Regulations to be prepared or approved by the College E+W

(1) In section 50 of the Police Act 1996 (regulations for police forces), after subsection (2ZA) there is inserted—

“(2ZB) If the College of Policing submits to the Secretary of State draft regulations with respect to any of the matters mentioned in subsection (2)(a), (b), (c) or (g), the Secretary of State shall make regulations in terms of the draft unless the Secretary of State considers that—

(a) doing so would impair the efficiency or effectiveness of the police, or

(b) it would be unlawful to do so, or

(c) it would for some other reason be wrong to do so.

(2ZC) The Secretary of State may not make regulations with respect to any of the matters mentioned in subsection (2)(a), (b), (c) or (g) unless the text of the regulations has been prepared or approved by the College of Policing.”

(2) In section 51 of that Act (regulations for special constables), after subsection (2ZA) there is inserted—

“(2ZB) If the College of Policing submits to the Secretary of State draft regulations with respect to—

(a) the ranks to be held by special constables,

(b) the qualifications for appointment and promotion of special constables,

(c) periods of service on probation, or

(d) maintenance of personal records of special constables,

the Secretary of State shall make regulations in terms of the draft.

(2ZC) The duty in subsection (2ZB) does not apply if the Secretary of State considers that—

(a) making regulations in terms of the draft would impair the efficiency or effectiveness of the police, or

(b) it would be unlawful to make regulations in those terms, or

(c) it would for some other reason be wrong to make regulations in those terms.

(2ZD) The Secretary of State may not make regulations with respect to the matters mentioned in subsection (2ZB) unless the text of the regulations has been prepared or approved by the College of Policing.”

(3) In section 53A of that Act (regulation of procedures and practices)—

(a) after subsection (1) there is inserted—

“(1A) If the College of Policing, having consulted the National Crime Agency, submits to the Secretary of State a draft of regulations under this section, the Secretary of State shall make regulations in terms of the draft unless the Secretary of State considers that—

(a) doing so would impair the efficiency or effectiveness of the police, or

(b) it would be unlawful to do so, or

(c) it would for some other reason be wrong to do so.

(1B) The Secretary of State may not make regulations under this section unless the text of the regulations has been prepared or approved by the College of Policing.”;

(b) subsections (2), (3), (4), (6), (7) and (10) are repealed;

(c) in subsection (9), for “the first regulations to be made” there is substituted “ regulations ”.

(4) In section 63 of that Act (Police Advisory Board for England and Wales, etc), in subsection (3)(a), before “with respect to” there is inserted “to which section 50(2ZC) applies or regulations”.

(5) In section 97 of the Criminal Justice and Police Act 2001 (regulations about police training etc)—

(a) after subsection (1) there is inserted—

“(1A) If the College of Policing submits to the Secretary of State a draft of regulations under this section, the Secretary of State shall make regulations in terms of the draft unless the Secretary of State considers that—

(a) doing so would impair the efficiency or effectiveness of the police, or

(b) it would be unlawful to do so, or

(c) it would for some other reason be wrong to do so.

(1B) The Secretary of State may not make regulations under this section unless the text of the regulations has been prepared or approved by the College of Policing.”;

(b) subsection (4) is repealed.

Commencement Information

I1 S. 123 in force at 13.5.2014 by S.I. 2014/949, art. 3, Sch. para. 10