Part 4Police powers
CHAPTER 3Powers under PACE: miscellaneous
I178PACE: consultation on codes of practice
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.