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Police Act 1996, Section 41B is up to date with all changes known to be in force on or before 17 November 2024. 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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Valid from 01/10/2002
(1)The Secretary of State shall not give a direction under section 41A in relation to any police force unless—
(a)the police authority maintaining that force and the chief officer of that force have each been given such information about the Secretary of State’s grounds for proposing to give that direction as he considers appropriate for enabling them to make representations or proposals under the following paragraphs of this subsection;
(b)that police authority and chief officer have each been given an opportunity of making representations about those grounds;
(c)that police authority 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.
(2)The Secretary of State may by regulations make further provision as to the procedure to be followed in cases where a proposal is made for the giving of a direction under section 41A.
(3)Before making any regulations under this section, the Secretary of State shall consult with—
(a)persons whom he considers to represent the interests of police authorities;
(b)persons whom he considers to represent the interests of chief officers of police; and
(c)such other persons as he thinks fit.
(4)Regulations under this section may make different provision for different cases and circumstances.
(5)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.
(6)If the Secretary of State exercises his power to give a direction under section 41A in relation to a police force—
(a)he shall prepare a report on his exercise of that power in relation to that force; and
(b)he shall lay that report before Parliament.
(7)A report under subsection (6)—
(a)shall be prepared at such time as the Secretary of State considers appropriate; and
(b)may relate to more than one exercise of the power mentioned in that subsection.]
Textual Amendments
F1Ss. 41A, 41B inserted (1.10.2002) by Police Reform Act 2002 (c. 30), ss. 5, 108(2)-(5); S.I. 2002/2306, art. 2(a)
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