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Police Act 1996
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Changes over time for: Section 40B
Version Superseded: 16/01/2012
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Police Act 1996, Section 40B is up to date with all changes known to be in force on or before 21 January 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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[F140BProcedure for directions under section 40 or 40AE+W
(1)The Secretary of State may by regulations make further provision as to the procedure to be followed in cases where—
(a)a proposal is made for the giving of a direction under section 40;
(b)a proposal is made for the giving of a direction under section 40A.
(2)Before making any regulations under this section, the Secretary of State shall consult with—
(a)the Association of Police Authorities;
(b)the Association of Chief Police Officers; and
(c)such other persons as he thinks fit.
(3)Regulations under this section may make different provision for different cases and circumstances.
(4)A statutory instrument containing regulations 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.
(5)On giving a direction under section 40 or section 40A to a police authority, the Secretary of State shall notify the chief officer of police of the force in question that he has given that direction.
(6)Where the Secretary of State gives a direction under section 40 or section 40A he shall lay before Parliament—
(a)a copy of the direction; and
(b)a report about it.
(7)A report under [F2subsection (6)]—
(a)shall be prepared at such time as the Secretary of State considers appropriate; and
(b)may relate to more than one direction.]
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. 40B(7) substituted (12.1.2010) by Policing and Crime Act 2009 (c. 26), s. 116(6)(a), Sch. 7 para. 133
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