Part II Central Supervision, Direction and Facilities
Functions of Secretary of State
C140AF1Power to give directions in relation to F3local policing body
1
2
Where the Secretary of State is satisfied that a F3local policing body will fail to discharge any of its functions in an effective manner, whether generally or in particular respects, unless remedial measures are taken, he may direct the F3local policing body to take specified measures in order to prevent such a failure occurring.
3
The measures that may be specified in a direction under subsection (1) or (2) include the submission to the Secretary of State of an action plan setting out the measures which F2the local policing body submitting the plan proposes to take for the purpose of remedying the failure in question or (as the case may be) preventing such a failure occurring.
4
The Secretary of State shall not give a direction under this section in relation to a F3local policing body unless—
a
the F3local policing body has been given such information about the Secretary of State's grounds for proposing to give that direction as he considers appropriate for enabling it to make representations or proposals under the following paragraphs of this subsection;
b
the F3local policing body has been given an opportunity of making representations about those grounds;
c
the F3local policing body has had an opportunity of making proposals for the taking of remedial measures that would make the giving of the direction unnecessary; and
d
the Secretary of State has considered any such representations and any such proposals.
5
Subsection (4) does not apply if the Secretary of State is satisfied that—
a
the F3local policing body has already been made aware of the matters constituting the Secretary of State's grounds for proposing to give a direction under this section;
b
the information F2the local policing body had about those matters was sufficient to enable it to identify remedial measures that would have made the giving of the direction unnecessary; and
c
F2the local policing body has had a reasonable opportunity to take such measures.
6
The Secretary of State shall not give a direction under this section unless Her Majesty's Chief Inspector of Constabulary has been given—
a
the same information about the grounds for proposing to give that direction as is required to be given under subsection (4)(a) (or would be so required but for subsection (5)); and
b
an opportunity of making written observations about those grounds.
The Secretary of State shall publish any such observations in such manner as appears to him to be appropriate.
7
A F3local policing body that is given a direction under this section shall comply with it.
8
Nothing in this section or in section 40 prevents the Secretary of State from exercising (whether in relation to the same matter or different matters or at the same time or at different times) both his powers under this section and his powers under section 40.