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Police Act 1996
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Police Act 1996, Section 40B is up to date with all changes known to be in force on or before 08 February 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—
[F2(a)such persons as appear to the Secretary of State to represent the views of police and crime commissioners;
(aa)the Mayor's Office for Policing and Crime;
(ab)the Common Council;]
(b)[F3the National Police Chiefs' Council]; 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 [F4local policing body], 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 [F5subsection (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)
F2Ss. 40B(2)(a)-(ab) substituted for s. 40B(2)(a) (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 91(4), 157(1); S.I. 2011/3019, art. 3, Sch. 1 (with Sch. 2 para. 3)
F3Words in s. 40B(2)(b) substituted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 14 paras. 6, 7(c); S.I. 2017/399, reg. 2, Sch. para. 41
F4Words in s. 40B(5) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 91(5), 157(1); S.I. 2011/3019, art. 3, Sch. 1
F5Words in s. 40B(7) substituted (12.1.2010) by Policing and Crime Act 2009 (c. 26), s. 116(6)(a), Sch. 7 para. 133
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)
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