Policing and Crime Act 2009 Explanatory Notes

Section 12 Police procedures and practices

69.Section 53A of the Police Act 1996 gives the Secretary of State the power to make regulations requiring all police forces in England and Wales to adopt particular procedures or practices. However, such regulations can be made only if Her Majesty’s Chief Inspector of Constabulary is satisfied of various matters set out subsection (7). These matters are that the adoption of the procedure or practice in question is necessary in order to facilitate the carrying out by members of any two or more police forces of joint or coordinated operations; that the making of the regulations is necessary for securing the adoption of that procedure or practice and that securing the adoption of that procedure or practice is in the national interest. This section amends section 53A so that such regulations need not apply in respect of all the police forces in England and Wales. It also amends the matters on which the Chief Inspector of Constabulary and the Secretary of State must be satisfied before any regulations are made under section 53A, by providing that regulations can be made if the procedure or practice in question is necessary in order to promote the efficiency and effectiveness of a police force. Section 45 of the Railways and Transport Safety Act 2003 specifies that this section applies to the British Transport Police.

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