Part II Central Supervision, Direction and Facilities
Functions of Secretary of State
36 General duty of Secretary of State.
1
The Secretary of State shall exercise his powers under the provisions of this Act referred to in subsection (2) in such manner and to such extent as appears to him to be best calculated to promote the efficiency and effectiveness of the police.
2
The provisions of this Act mentioned in subsection (1) are—
a
Part I;
b
this Part;
c
Part III (other than sections 61 and 62);
d
in Chapter II of Part IV, F29sections 84 and 85 and Schedule 6; and
e
in Part V, section 95.
F2836A National Policing Plan
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F9437 Setting of objectives for police authorities.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
37AF107Setting of strategic priorities for police authorities
1
The Secretary of State may determine strategic priorities for the policing of the areas of all police authorities to which this section applies.
2
Before determining any such priorities the Secretary of State shall consult—
a
the Association of Police Authorities, and
b
the Association of Chief Police Officers.
3
The Secretary of State shall arrange for any priorities determined under this section to be published in such manner as he considers appropriate.
4
The police authorities to which this section applies are those established under section 3 and the Metropolitan Police Authority.
38 Setting of performance targets.
1
2
3
A direction given under this section may impose conditions with which the performance targets must conform, and different conditions may be imposed for different authorities.
4
The Secretary of State shall arrange for any direction given under this section to be published in such manner as appears to him to be appropriate.
F845
A police authority that is given a direction under this section shall comply with it.
F3939 Codes of practice.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
39AF16 Codes of practice for chief officers
1
If the Secretary of State considers it necessary to do so for the purpose of promoting the efficiency and effectiveness generally of the police forces maintained for police areas in England and Wales, he may issue codes of practice relating to the discharge of their functions by the chief officers of police of those forces.
2
The Secretary of State may from time to time revise the whole or any part of a code of practice issued under this section.
F1003
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
Before F72issuing or revising such a code, the Secretary of State shall consult with—
F24a
such persons as appear to the Secretary of State to represent the views of police and crime commissioners;
aa
the Mayor's Office for Policing and Crime;
ab
the Common Council;
F122b
the Association of Chief Police Officers; and
c
such other persons as F88the Secretary of State thinks fit.
5
The Secretary of State shall lay any code of practice issued by him under this section, and any revision of any such code, before Parliament.
6
The Secretary of State shall not be required by subsection (5) to lay before Parliament, or may exclude from what he does so lay, anything the publication of which, in his opinion—
a
would be against the interests of national security;
b
could prejudice the prevention or detection of crime or the apprehension or prosecution of offenders; or
c
could jeopardise the safety of any person.
7
In discharging any function to which a code of practice under this section relates, a chief officer of police shall have regard to the code.
40F52 Power to give directions in relation to police force
1
Where the Secretary of State is satisfied that the whole or any part of a police force is failing to discharge any of its functions in an effective manner, whether generally or in particular respects, he may direct the F132local policing body responsible for maintaining the force to take specified measures for the purpose of remedying the failure.
2
Where the Secretary of State is satisfied that the whole or a part of a police force will fail to discharge any of its functions in an effective manner, whether generally or in particular respects, unless remedial measures are taken, he may direct the F132local policing body responsible for maintaining the force to take specified measures in order to prevent such a failure occurring.
3
The measures that may be specified in a direction under subsection (1) or (2) include the submission to the Secretary of State of an action plan setting out the measures which the person or persons submitting the plan propose to take for the purpose of remedying the failure in question or (as the case may be) preventing such a failure occurring.
4
The Secretary of State shall not give a direction under this section in relation to any police force unless—
a
the F132local policing body responsible for maintaining the force and the chief officer of police of that force have each been given such information about the Secretary of State's grounds for proposing to give that direction as he considers appropriate for enabling them to make representations or proposals under the following paragraphs of this subsection;
b
that F132local policing body and chief officer have each been given an opportunity of making representations about those grounds;
c
that F132local policing body and chief officer have each had an opportunity of making proposals for the taking of remedial measures that would make the giving of the direction unnecessary; and
d
the Secretary of State has considered any such representations and any such proposals.
5
Subsection (4) does not apply if the Secretary of State is satisfied that—
a
the F132local policing body responsible for maintaining the force and the chief officer of police of that force have already been made aware of the matters constituting the Secretary of State's grounds for proposing to give a direction under this section;
b
the information they had about those matters was sufficient to enable them to identify remedial measures that would have made the giving of the direction unnecessary; and
c
they have each had a reasonable opportunity to take such measures.
6
The Secretary of State shall not give a direction under this section unless Her Majesty's Chief Inspector of Constabulary has been given—
a
the same information about the grounds for proposing to give that direction as is required to be given under subsection (4)(a) (or would be so required but for subsection (5)); and
b
an opportunity of making written observations about those grounds.
The Secretary of State shall publish any such observations in such manner as appears to him to be appropriate.
7
A F132local policing body that is given a direction under this section shall comply with it.
40APower to give directions in relation to F127local policing body
1
2
Where the Secretary of State is satisfied that a F127local policing body will fail to discharge any of its functions in an effective manner, whether generally or in particular respects, unless remedial measures are taken, he may direct the F127local policing body to take specified measures in order to prevent such a failure occurring.
3
The measures that may be specified in a direction under subsection (1) or (2) include the submission to the Secretary of State of an action plan setting out the measures which F91the local policing body submitting the plan proposes to take for the purpose of remedying the failure in question or (as the case may be) preventing such a failure occurring.
4
The Secretary of State shall not give a direction under this section in relation to a F127local policing body unless—
a
the F127local policing body has been given such information about the Secretary of State's grounds for proposing to give that direction as he considers appropriate for enabling it to make representations or proposals under the following paragraphs of this subsection;
b
the F127local policing body has been given an opportunity of making representations about those grounds;
c
the F127local policing body has had an opportunity of making proposals for the taking of remedial measures that would make the giving of the direction unnecessary; and
d
the Secretary of State has considered any such representations and any such proposals.
5
Subsection (4) does not apply if the Secretary of State is satisfied that—
a
the F127local policing body has already been made aware of the matters constituting the Secretary of State's grounds for proposing to give a direction under this section;
b
the information F91the local policing body had about those matters was sufficient to enable it to identify remedial measures that would have made the giving of the direction unnecessary; and
c
F91the local policing body has had a reasonable opportunity to take such measures.
6
The Secretary of State shall not give a direction under this section unless Her Majesty's Chief Inspector of Constabulary has been given—
a
the same information about the grounds for proposing to give that direction as is required to be given under subsection (4)(a) (or would be so required but for subsection (5)); and
b
an opportunity of making written observations about those grounds.
The Secretary of State shall publish any such observations in such manner as appears to him to be appropriate.
7
A F127local policing body that is given a direction under this section shall comply with it.
8
Nothing in this section or in section 40 prevents the Secretary of State from exercising (whether in relation to the same matter or different matters or at the same time or at different times) both his powers under this section and his powers under section 40.
40BProcedure for directions under section 40 or 40A
1
The Secretary of State may by regulations make further provision as to the procedure to be followed in cases where—
a
a proposal is made for the giving of a direction under section 40;
b
a proposal is made for the giving of a direction under section 40A.
2
Before making any regulations under this section, the Secretary of State shall consult with—
F49a
such persons as appear to the Secretary of State to represent the views of police and crime commissioners;
aa
the Mayor's Office for Policing and Crime;
ab
the Common Council;
b
the Association of Chief Police Officers; and
c
such other persons as he thinks fit.
3
Regulations under this section may make different provision for different cases and circumstances.
4
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.
5
On giving a direction under section 40 or section 40A to a F30local policing body, the Secretary of State shall notify the chief officer of police of the force in question that he has given that direction.
6
Where the Secretary of State gives a direction under section 40 or section 40A he shall lay before Parliament—
a
a copy of the direction; and
b
a report about it.
7
A report under F33subsection (6)—
a
shall be prepared at such time as the Secretary of State considers appropriate; and
b
may relate to more than one direction.
41 Directions as to minimum budget.
1
The power of the Secretary of State to give directions under section 40 F82or 40A to a police authority established under section 3 shall include power to direct the authority that the amount of its F115council tax requirement (under section 42A of the Local Government Finance Act 1992) or budget requirement (under section 43 of that Act) for any financial year shall not be less than an amount specified in the direction.
2
3
A direction shall not be given by virtue of subsection (1) in relation to a financial year at any time after the end of the preceding December.
4
Where the Secretary of State gives a direction to a police authority by virtue of subsection (1), any precept issued or calculation made by the authority under Part I of the Local Government Finance Act 1992 which is inconsistent with the direction shall be void.
F12341A Power to give directions as to action plans
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8041B Procedure for directions under section 41A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
42F97Metropolitan police: suspension or removal of Commissioner or Deputy Commissioner
F135F1331
The Secretary of State may require the Mayor's Office for Policing and Crime to exercise the power under section 48 of the Police Reform and Social Responsibility Act 2011 (the “2011 Act”) to call upon the Commissioner of Police of the Metropolis, or the Deputy Commissioner of Police of the Metropolis, to retire or resign.
1A
The Secretary of State may also require the Mayor's Office for Policing and Crime to exercise the power under section 48 of the 2011 Act to suspend the Commissioner of Police of the Metropolis, or the Deputy Commissioner of Police of the Metropolis, if the Secretary of State considers that it is necessary for the maintenance of public confidence in the metropolitan police force for that police officer to be suspended.
2
F55Before requiring the Mayor's Office for Policing and Crime to exercise its power to call upon the Commissioner of Police of the Metropolis, or the Deputy Commissioner of Police of the Metropolis, to retire or resign, the Secretary of State shall—
a
give the officer concerned a notice in writing—
i
informing him of the Secretary of State’s intention to require the exercise of that power; and
ii
explaining the Secretary of State’s grounds for requiring the exercise of that power; and
b
give that officer an opportunity to make representations to the Secretary of State.
2A
Where the Secretary of State gives a notice under subsection (2)(a), he shall send a copy of the F90notice to the Mayor's Office for Policing and Crime.
2B
The Secretary of State shall consider any representations made to him under subsection (2).
3
F92Where the Secretary of State proposes to require the exercise of a power mentioned in subsection (1), he shall, appoint one or more persons (one at least of whom shall be a person who is not an officer of police or of a Government department) to hold an inquiry and report to him and shall consider any report made under this subsection.
F1183A
At an inquiry held under subsection (3)—
a
the Commissioner F56or Deputy Commissioner shall be entitled, in accordance with any regulations under section 42A, to make representations to the inquiry;
b
the F36Mayor's Office for Policing and Crime shall be entitled, in accordance with any regulations made under section 42A, to make representations to the inquiry.
3B
The entitlement of the Commissioner F32or Deputy Commissioner to make representations shall include the entitlement to make them in person.
4
F764A
If the Secretary of State exercises the power conferred by subsection (1) to require the Mayor's Office for Policing and Crime to call upon the Commissioner to retire or resign—
a
the requirement of section 48(1) of the 2011 Act to obtain the Secretary of State's consent does not apply, and
b
section 48(5) of the 2011 Act does not apply.
4B
In this section “the Commissioner” means the Commissioner of Police of the Metropolis and “the Deputy Commissioner” means the Deputy Commissioner of Police of the Metropolis.
F1284C
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1085
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
42AF17 Procedure in relation to removal of senior officers
1
The Secretary of State may by regulations make provision as to the procedure to be followed in the exercise of any power conferred or duty imposed by section F61... 42.
2
Before making any regulations under this section, the Secretary of State shall consult with—
F112a
the Mayor's Office for Policing and Crime;
b
the Association of Chief Police Officers; and
c
such other persons as he thinks fit.
3
Regulations under this section may make different provision for different cases and circumstances.
4
A statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
F10943 Reports from police authorities.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
44F98Provision of information by chief officers of police
1
The Secretary of State may require a chief officer of police of any police force to provide the Secretary of State with information on such matters as may be specified in the requirement, being matters connected with—
a
the policing of the police area for which that police force is maintained, or
b
the discharge of the national or international functions of that police force.
2
A requirement under subsection (1) may, in particular, specify information in the form of statistical data, being data connected with—
a
the policing of that police area, or
b
the discharge of the national or international functions of the police force for that area.
3
A requirement under subsection (1) may specify the form in which information is to be provided.
4
The Secretary of State may require a chief officer to publish, in such manner as appears to the Secretary of State to be appropriate, information provided in accordance with a requirement under subsection (1).
5
The Secretary of State may cause a consolidated and classified abstract of any information in the form of statistical data that is provided in accordance with subsection (1) to be prepared and laid before Parliament.
F9845 Criminal statistics.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
46 Police grant.
1
Subject to the following provisions of this section, the Secretary of State shall for each financial year make grants for police purposes to—
a
police authorities for areas other than the metropolitan police district, and
b
the F3Greater London Authority;
and in those provisions references to police authorities shall be taken as including references to the F4Greater London Authority .
2
For each financial year the Secretary of State shall with the approval of the Treasury determine—
a
the aggregate amount of grants to be made under this section, and
b
the amount of the grant to be made to each authority;
and any determination may be varied by further determinations under this subsection.
3
The Secretary of State shall prepare a report setting out any determination under subsection (2), and stating the considerations which he took into account in making the determination.
4
In determining the allocation among police authorities of the whole or any part of the aggregate amount of grants, the Secretary of State may exercise his discretion by applying such formulae or other rules as he considers appropriate.
5
The considerations which the Secretary of State takes into account in making a determination under subsection (2), and the formulae and other rules referred to in subsection (4), may be different for different authorities or different classes of authority.
6
A copy of every report prepared under subsection (3) shall be laid before the House of Commons, and no payment of grant shall be made unless the report setting out the determination of its amount has been approved by resolution of that House.
7
A grant to a police authority under this section shall be paid at such time, or in instalments of such amounts and at such times, as the Secretary of State may with the approval of the Treasury determine; and any such time may fall within or after the financial year concerned.
F57A
8
Where in consequence of a further determination under subsection (2) the amount of an authority’s grant is less than the amount already paid to it for the year concerned, a sum equal to the difference shall be paid by the authority to the Secretary of State on such day as he may specify; but no sum shall be payable by an authority under this subsection unless the report setting out the further determination has been approved by resolution of the House of Commons.
F69
Where the Greater London Authority is required to pay a sum under subsection (8) above, the Mayor of London may direct the F85Mayor's Office for Policing and Crime to pay an amount not exceeding that sum to the Greater London Authority on such day as he may specify in the direction.
47 Grants for capital expenditure.
1
The Secretary of State may make grants in respect of capital expenditure incurred (or to be incurred) for police purposes F58by local policing bodies.
2
Grants under this section may be made either unconditionally or subject to conditions.
3
The Secretary of State shall exercise his powers under this section only with the approval of the Treasury.
F74
Any grant F86under subsection (1) in respect of expenditure incurred (or to be incurred) by the Mayor's Office for Policing and Crime shall be paid to the Greater London Authority.
5
48 Grants for expenditure on safeguarding national security.
1
The Secretary of State may make grants in respect of expenditure incurred (or to be incurred) for police purposes F38by local policing bodies in connection with safeguarding national security.
2
Grants under this section may be made either unconditionally or subject to conditions.
3
The Secretary of State shall exercise his powers under this section only with the approval of the Treasury.
F84
Any grant F43under subsection (1) in respect of expenditure incurred (or to be incurred) by the Mayor's Office for Policing and Crime shall be paid to the Greater London Authority.
5
F13449 Local inquiries.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I150 Regulations for police forces.
1
Subject to the provisions of this section, the Secretary of State may make regulations as to the government, administration and conditions of service of police forces.
2
Without prejudice to the generality of subsection (1), regulations under this section may make provision with respect to—
a
the ranks to be held by members of police forces;
b
the qualifications for appointment and promotion of members of police forces;
c
periods of service on probation;
d
voluntary retirement of members of police forces;
e
the conduct, efficiency and effectiveness of members of police forces and the maintenance of discipline;
f
the suspension of members of a police force from membership of that force and from their office as constable;
g
the maintenance of personal records of members of police forces;
h
the duties which are or are not to be performed by members of police forces;
i
the treatment as occasions of police duty of attendance at meetings of the Police Federations and of any body recognised by the Secretary of State for the purposes of section 64;
j
the hours of duty, leave, pay and allowances of members of police forces; and
k
the issue, use and return of police clothing, personal equipment and accoutrements.
F1312A
Without prejudice to the generality of subsection (1) or (2), regulations under this section may make provision with respect to the procedures to be followed by police and crime commissioners, or the Mayor's Office for Policing and Crime, in exercising—
a
powers of suspension, or
b
powers of removal,
(whether, in the case of the Mayor's Office for Policing and Crime, on their own initiative or in compliance with a requirement imposed by the Secretary of State).
2B
In subsection (2A)—
“power of removal” means—
- a
the power conferred on police and crime commissioners by section 38(3) of the 2011 Act to require chief constables to retire or resign;
- b
the power conferred on the Mayor's Office for Policing and Crime by section 48(3) of the 2011 Act to require the Commissioner or Deputy Commissioner of Police of the Metropolis to retire or resign;
- a
“power of suspension” means—
- a
the power conferred on police and crime commissioners by section 38(2) of the 2011 Act to suspend chief constables;
- b
the power conferred on the Mayor's Office for Policing and Crime by section 48(1) of the 2011 Act to suspend the Commissioner or Deputy Commissioner of Police of the Metropolis;
- a
and for this purpose “2011 Act” means the Police Reform and Social Responsibility Act 2011.
F263
Without prejudice to the powers conferred by this section, regulations under this section shall—
a
establish, or
b
make provision for the establishment of,
procedures for the taking of disciplinary proceedings in respect of the conduct, efficiency and effectiveness of members of police forces, including procedures for cases in which such persons may be dealt with by dismissal.
4
In relation to any matter as to which provision may be made by regulations under this section, the regulations mayF50... —
a
authorise or require provision to be made by, or confer discretionary powers on, the Secretary of State, F124local policing bodies, chief officers of police or other persons, or
b
authorise or require the delegation by any person of functions conferred on that person by or under the regulations.
5
Regulations under this section for regulating pay and allowances may be made with retrospective effect to any date specified in the regulations, but nothing in this subsection shall be construed as authorising pay or allowances payable to any person to be reduced retrospectively.
6
Regulations under this section as to conditions of service shall secure that appointments for fixed terms are not made except where the person appointed holds the rank of superintendent or a higher rank.
F606A
Without prejudice to the powers conferred by this section, regulations under this section may make provision with respect to—
a
steps to be taken in connection with the appointment of senior officers;
b
payments to senior officers who cease to hold office before the end of a fixed term appointment.
6B
In subsection (6A) “senior officer” means—
a
a member of a police force holding a rank above that of chief superintendent;
b
the Commissioner of Police for the City of London.
7
Regulations under this section may make different provision for different cases and circumstances.
8
Any statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
51 Regulations for special constables.
1
The Secretary of State may make regulations as to the government, administration and conditions of service of special constables.
2
Without prejudice to the generality of subsection (1), regulations under this section may make provision with respect to—
a
the qualifications for appointment of special constables;
b
the retirement of special constables;
F18ba
the conduct F110, efficiency and effectiveness of special constables and the maintenance of discipline;
c
the suspension of special constables from their office as constable;
d
the allowances payable to special constables; and
e
the application to special constables, subject to such modifications as may be prescribed by the regulations, of any provisions made by or under any enactment relating to the pensions payable to or in respect of members of police forces.
F792A
Without prejudice to the powers conferred by this section, regulations under this section shall—
a
establish, or
b
make provision for the establishment of,
procedures for the taking of disciplinary proceedings in respect of the conduct, efficiency and effectiveness of special constables, including procedures for cases in which such persons may be dealt with by dismissal.
3
If regulations under this section provide for the calculation of any pension payable to or in respect of special constables by reference to a scale of notional remuneration specified in the regulations, regulations under this section increasing any such notional remuneration may be made with retrospective effect to any date specified in the regulations.
F93A
In relation to any matter as to which provision may be made by regulations under this section, the regulations may—
a
authorise or require provision to be made by, or confer discretionary powers on, the Secretary of State, F119local policing bodies, chief officers of police or other persons, or
b
authorise or require the delegation by any person of functions conferred on that person by or under the regulations.
4
Subsections (7) and (8) of section 50 shall apply to regulations under this section.
52 Regulations for police cadets.
1
The Secretary of State may make regulations as to the government, administration and conditions of service of police cadets.
F101A
In relation to any matter as to which provision may be made by regulations under this section, the regulations may—
a
authorise or require provision to be made by, or confer discretionary powers on, the Secretary of State, F23local policing bodies, chief officers of police or other persons, or
b
authorise or require the delegation by any person of functions conferred on that person by or under the regulations.
2
Subsections (5), (7) and (8) of section 50 shall apply to regulations under this section.
C553 Regulations as to standard F37and provision of equipment.
F111
The Secretary of State may make regulations requiring equipment provided or used for police purposes to satisfy such requirements as to design and performance as may be prescribed in the regulations.
F191A
The Secretary of State may by regulations make any or all of the following provisions—
a
provision requiring F125one or more police forces, when using equipment for the purposes specified in the regulations to use only—
i
the equipment which is specified in the regulations;
ii
equipment which is of a description so specified; or
iii
equipment which is of a type approved by the Secretary of State in accordance with the regulations;
b
provision requiring F83one or more police forces to keep available for use the equipment falling within paragraph (a)(i) to (iii) which is specified or described in, or approved in accordance with, the regulations;
c
provision prohibiting F27one or more police forces from using equipment of a type approved as mentioned in paragraph (a)(iii) except—
i
where the conditions subject to which the approval was given are satisfied; and
ii
in accordance with the other terms of that approval;
d
provision requiring equipment used by F41one or more police forces to comply, in the case of all police forces, with such conditions as may be specified in the regulations, or as may be approved by the Secretary of State in accordance with the regulations;
e
provision prohibiting F120one or more police forces from using equipment specified in the regulations, or any equipment of a description so specified.
F651AA
The Secretary of State may, by regulations, make provision about the arrangements which must be, may be, or must not be, used for the provision of equipment for use for police purposes.
1AB
The regulations may, in particular—
a
make provision about the nature or terms of such arrangements, or
b
prescribe arrangements which may be, or must be, used.
1B
2
Before making any regulations under this section, the Secretary of State shall consult with—
F48a
such persons as appear to the Secretary of State to represent the views of police and crime commissioners;
aa
the Mayor's Office for Policing and Crime;
ab
the Common Council;
b
the Association of Chief Police Officers; and
c
such other persons as he thinks fit.
2A
Regulations under this section may make different provision for different cases and circumstances.
2B
A statutory instrument containing any regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
2C
In this section “equipment” includes—
F35za
software;
a
vehicles; and
b
headgear and protective and other clothing.
53AF20 Regulation of procedures and practices
1
The Secretary of State may by regulations make provision requiring F129one or more police forces—
a
to adopt particular procedures or practices; or
b
to adopt procedures or practices of a particular description.
2
Before making any regulations under this section, the Secretary of State shall seek advice from—
a
the chief inspector of constabulary; and
F42b
the National Policing Improvement Agency.
3
Before seeking advice under subsection (2) the Secretary of State shall consult about his proposal to do so with—
F103a
such persons as appear to the Secretary of State to represent the views of police and crime commissioners;
aa
the Mayor's Office for Policing and Crime;
ab
the Common Council;
b
the Association of Chief Police Officers.
4
A request for the purposes of subsection (2) may specify a period within which the requested advice is to be provided; and, if a period is so specified, the requested advice must be provided within it.
5
Before giving any advice in response to a request for the purposes of subsection (2), the F93National Policing Improvement Agency shall consult with—
F99a
the Association of Police Authorities; and
b
the Association of Chief Police Officers; and
c
such other persons as it thinks fit.
6
The Secretary of State shall not make any regulations under this section requiring the adoption of any procedure or practice unless—
a
he has, as respects that procedure or practice, received advice from the F47National Policing Improvement Agency and has considered that advice;
b
the advice of the chief inspector of constabulary states that that inspector is satisfied as to the matters mentioned in subsection (7); and
c
the Secretary of State himself is satisfied as to those matters.
7
Those matters are—
a
that the adoption of that procedure or practice is necessary in order to F81—
i
promote the efficiency and effectiveness of a police force, or
ii
facilitate the carrying out by members of any two or more police forces of joint or co-ordinated operations;
b
that the making of regulations is necessary for securing the adoption of that procedure or practice; and
c
that securing the adoption of that procedure or practice is in the national interest.
8
Regulations under this section may make different provision for different cases and circumstances.
9
A statutory instrument containing the first regulations to be made 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.
10
A statutory instrument containing any other regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Inspectors of constabulary
C1C4C254 Appointment and functions of inspectors of constabulary.
1
Her Majesty may appoint such number of inspectors (to be known as “Her Majesty’s Inspectors of Constabulary”) as the Secretary of State may with the consent of the Treasury determine, and of the persons so appointed one may be appointed as chief inspector of constabulary.
2
F1302A
The inspectors of constabulary may carry out an inspection of, and report to the Secretary of State on, a police authority's performance of its functions or of any particular function or functions (including in particular its compliance with F111the requirement to have regard to the views of people in its area about policing in that area and its compliance with the requirements of Part 1 of the Local Government Act 1999 (best value)).
F892B
The Secretary of State may at any time require the inspectors of constabulary to carry out an inspection under this section of a police force maintained for any police area; and a requirement under this subsection may include a requirement for the inspection to be confined to a particular part of the force in question, to particular matters or to particular activities of that force.
F452BA
The local policing body for a police area may at any time request the inspectors of constabulary to carry out an inspection under this section of a police force maintained for that police area; and a request under this subsection may include a request for the inspection to be confined to a particular part of the force in question, to particular matters or to particular activities of that force.
2BB
Where a local policing body requests the inspectors to carry out an inspection under subsection (2BA), the body must pay to the inspectors such reasonable costs incurred or to be incurred in connection with the inspection as the inspectors may require.
F692C
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F752D
It shall be the duty of the chief inspector of constabulary—
a
to enter into arrangements with the Independent Police Complaints Commission for the purpose of securing cooperation, in the carrying out of their respective functions, between the inspectors of constabulary and that Commission; and
b
to ensure that inspectors of constabulary provide that Commission with all such assistance and co-operation as may be required by those arrangements or as otherwise appears to the chief inspector to be appropriate for facilitating the carrying out by that Commission of its functions.
3
The inspectors of constabulary shall carry out such other duties for the purpose of furthering police efficiency and effectiveness as the Secretary of State may from time to time direct.
F1053A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
F1044A
A report under subsection (4) must include the chief inspector's assessment of the efficiency and effectiveness of policing in England and Wales for the year in respect of which the report is prepared.
5
The inspectors of constabulary shall be paid such salary and allowances as the Secretary of State may with the consent of the Treasury determine.
F1176
Schedule 4A (which makes further provision about the inspectors of constabulary) has effect.
C3C4C255 Publication of reports.
F681
The inspectors of constabulary must arrange for any report prepared under section 54 to be published in such manner as appears to the inspectors to be appropriate.
F622
But the inspectors of constabulary must exclude from publication under subsection (1) anything that the inspectors consider—
a
would be against the interests of national security, or
b
might jeopardise the safety of any person.
F622A
The inspectors must disclose to the Secretary of State anything excluded from publication by virtue of subsection (2).
F213
The inspectors of constabulary must send a copy of the published report to—
a
the Secretary of State,
b
the local policing body maintaining the police force to which the report relates,
c
the chief officer of police of that police force, and
d
any police and crime panel established under section 28 of the Police Reform and Social Responsibility Act 2011 for the police area of that police force.
4
5
The F25local policing body shall prepare comments on the published report and shall arrange for—
a
its comments,
b
any comments submitted by the chief officer of police in accordance with subsection (4), and
c
any response which the F53body has to the comments submitted by the chief officer of police,
to be published in such manner as appears to the F53body to be appropriate.
6
F667
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F678
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C4C6C256 Assistant inspectors and staff officers.
1
The Secretary of State may appoint assistant inspectors of constabulary.
2
Members of a police force may be appointed by the Secretary of State to be assistant inspectors of constabulary or to be staff officers to the inspectors of constabulary.
3
Persons appointed under this section shall be paid such salary and allowances as the Secretary of State may with the consent of the Treasury determine.
Central services
57 Common services.
1
The Secretary of State may provide and maintain, or may contribute to the provision or maintenance of, such organisations, facilities and services as he considers necessary or expedient for promoting the efficiency or effectiveness of the police.
F1011A
The power conferred by subsection (1) includes power to give financial assistance to any person in connection with the provision or maintenance of such organisations, facilities and services as are mentioned in that subsection.
1B
Financial assistance under subsection (1)—
a
may, in particular, be given in the form of a grant, loan or guarantee or investment in a body corporate; and
b
may be given subject to terms and conditions determined by the Secretary of State;
but any financial assistance under that subsection other than a grant requires the consent of the Treasury.
1C
Terms and conditions imposed under subsection (1B)(b) may include terms and conditions as to repayment with or without interest.
1D
Any sums received by the Secretary of State by virtue of terms and conditions imposed under that subsection are to be paid into the Consolidated Fund.
2
Charges may be made for the use of facilities and services provided by the Secretary of State (or by organisations provided or maintained by him) under subsection (1).
3
The Secretary of State may by regulations make provision for requiring F114one or more police forces to use specified facilities or services, or facilities or services of a specified description, (whether or not provided under subsection (1)) if he considers that it would be in the interests of the efficiency or effectiveness of the police for them to do so.
F143A
Regulations under this section relating to all police forces may also require the F46Serious Organised Crime Agency to use the specified facilities or services, or the facilities or services of a specified description, if the Secretary of State considers that it would be in the interests of the efficiency or effectiveness of the F106Agency for the Agency to do so.
4
Before making regulations under this section, the Secretary of State shall consult—
F126a
such persons as appear to the Secretary of State to represent the views of police and crime commissioners,
aa
the Mayor's Office for Policing and Crime,
ab
the Common Council,
b
the Association of Chief Police Officers; and
F87c
if the regulations relate to the Serious Organised Crime Agency, that Agency.
F155
The Secretary of State shall consult the F95National Policing Improvement Agency before making regulations under this section relating to information technology.
6
In subsection (5) “information technology” includes any computer or other technology by means of which information or other matter may be recorded or communicated without being reduced to documentary form.
58 Research.
The Secretary of State may set up such bodies and take such other steps as appear to him to be necessary or expedient for the purpose of undertaking research into matters affecting the efficiency or effectiveness of the police.