Section 42 Police regulations by Secretary of StateI1

England, Wales and Scotland

(1)

The Secretary of State may by regulations make provision in relation to the Police Force in respect of any matter about which he could make regulations under section 50, 51, 52 or 60 of the Police Act 1996 (c. 16) (general regulations, special constables, cadets and police federations).

(2)

Regulations under section 36, 37, 38 or 39 above shall have no effect in so far as they are inconsistent with regulations under this section.

F1(3)

If regulations under this section make provision for a matter specified in section 50(3) F2or (3A) or section 51(2A) F3or (2B) of the Police Act 1996 (disciplinary proceedings), they must also make provision similar to that made by and under—

(a)

sections 84 and 85 of that Act (representation etc. at disciplinary and other proceedings, and appeal), and

(b)

Schedule 6 to that Act (appeals to police appeals tribunals).

(4)

Before making regulations under this section the Secretary of State shall consult—

(a)

the Authority,

(b)

the Chief Constable, and

(c)

the staff associations (within the meaning of section 40).

Annotations

Textual amendments

F1: S. 42(3) substituted (1.12.2008) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 22 para. 20; S.I. 2008/2993, art. 2(1)(h)(ii)
F2: Words in s. 42(3) inserted (31.1.2017 for specified purposes, 1.2.2020 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 7 para. 9(a); S.I. 2020/5, reg. 2(o)
F3: Words in s. 42(3) inserted (31.1.2017 for specified purposes, 1.2.2020 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 7 para. 9(b); S.I. 2020/5, reg. 2(o)

Commencement

I1: S. 42 in force at 1.7.2004 by S.I. 2004/1572, art. 3(y)