Part 4Police powers

CHAPTER 3Powers under PACE: miscellaneous

I178PACE: consultation on codes of practice

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.