[F140APower to give directions in relation to [F2local policing body] E+W
(1)Where the Secretary of State is satisfied that a [F2local policing body] is failing to discharge any of its functions in an effective manner, whether generally or in particular respects, he may direct the [F2local policing body] to take specified measures for the purpose of remedying the failure.
(2)Where the Secretary of State is satisfied that a [F2local 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 [F2local 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 [F3the 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 [F2local policing body] unless—
(a)the [F2local 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 [F2local policing body] has been given an opportunity of making representations about those grounds;
(c)the [F2local 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 [F2local 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 [F3the 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)[F3the 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 [F2local 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.]
Textual Amendments
F1Ss. 40-40B substituted for s. 40 (1.4.2007) by Police and Justice Act 2006 (c. 48), s. 53(1), Sch. 2 para. 27; S.I. 2007/709, art. 3(c) (with art. 6)
F2Words in s. 40A substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 91(3)(a), 157(1); S.I. 2011/3019, art. 3, Sch. 1
F3Words in s. 40A substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 91(3)(b), 157(1); S.I. 2011/3019, art. 3, Sch. 1
Modifications etc. (not altering text)
C1Ss. 40-40B: power to apply conferred (28.1.2016 for specified purposes, 28.3.2016 in so far as not already in force) by 2009 c. 20, Sch. 5C para. 11(1)(c) (as inserted by Cities and Local Government Devolution Act 2016 (c. 1), s. 25(2), Sch. 2)