The Act Commentary on Sections Part 1: Powers of the Secretary of State Section 2: Codes of practice for chief officers
28.Section 39A of the 1996 Act (which is inserted by this section) allows the Secretary of State to issue and as necessary revise codes of practice relating to the discharge by chief officers of police of any of their functions. Where the Secretary of State proposes to issue or revise a code of practice he is required to ask the Central Police Training and Development Authority (CPTDA) – an NDPB established under section 87 of the Criminal Justice and Police Act 2001 – to prepare a draft of the code or appropriate revision (subsection (3)). In preparing a draft the CPTDA must consult appropriate persons. This will include persons whom it considers represent the interests of police authorities and chief officers of police (subsection (4)). It is anticipated, in line with the practice of the Secretary of State where this formulation is used in existing legislation, that the CPTDA will consult the APA, ACPO and/or CPOSA. The CPTDA may also consult anyone else it chooses. Subsections (5) and (6) require the Secretary of State, subject to a sensitivity test, to lay before Parliament all codes of practice issued under this section. The new section complements the existing section 39 of the 1996 Act, which contains a parallel power to issue codes of practice to police authorities.