Section 40B Procedure for directions under section 40 or 40AF1C1
England and Wales
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 40;
a proposal is made for the giving of a direction under section 40A.
Before making any regulations under this section, the Secretary of State shall consult with—
such persons as appear to the Secretary of State to represent the views of police and crime commissioners;
the Mayor's Office for Policing and Crime;
the Common Council;
F3the National Police Chiefs' Council; and
such other persons as he thinks fit.
Regulations under this section may make different provision for different cases and circumstances.
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.
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.
Where the Secretary of State gives a direction under section 40 or section 40A he shall lay before Parliament—
a copy of the direction; and
a report about it.
A report under F5subsection (6)—
shall be prepared at such time as the Secretary of State considers appropriate; and
may relate to more than one direction.
Annotations
Textual amendments
- F1
Ss. 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)
- F2
Ss. 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)
- F3
Words 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
- F4
Words 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
- F5
Words 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
- C1
Ss. 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)