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Part 4U.K.Police powers

CHAPTER 3U.K.Powers under PACE: miscellaneous

78PACE: consultation on codes of practiceE+W

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.

Commencement Information

I1S. 78 in force for specified purposes at Royal Assent, see s. 183