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Policing and Crime Act 2017
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Policing and Crime Act 2017, Section 78 is up to date with all changes known to be in force on or before 01 March 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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Changes and effects yet to be applied to Section 78:
- specified provision(s) amendment to earlier commencing S.I. 2017/1139, reg. 2 by S.I. 2017/1162 reg. 2
78PACE: consultation on codes of practiceE+W
This section has no associated Explanatory Notes
In section 67 of the Police and Criminal Evidence Act 1984 (codes of practice: supplementary), after subsection (4) insert—
“(4A)The duty to consult under subsection (4) does not apply to a revision of a code where the Secretary of State considers that—
(a)the revision is necessary in consequence of legislation, and
(b)the Secretary of State has no discretion as to the nature of the revision.
(4B)Where, in consequence of subsection (4A), a revision of a code is issued without prior consultation with the persons mentioned in subsection (4), the Secretary of State must (at the same time as issuing the revision) publish a statement that, in his or her opinion, paragraphs (a) and (b) of subsection (4A) apply to the revision.
(4C)In subsection (4A), “legislation” means any provision of—
(a)an Act,
(b)subordinate legislation within the meaning of the Interpretation Act 1978.”
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