The Act Commentary on Sections Part 1: Police Reform Paragraphs 27 to 29: Power to give directions to police authority or chief officer of police
100.Paragraphs 27 to 29 insert new sections 40, 40A and 40B into the 1996 Act, replacing the intervention powers in sections 40, 41A and 41B which were introduced by the Police Reform Act 2002 and which made provision for the making of directions where the whole or any part of a police force is considered to be under-performing or at risk of under-performing. The new sections widen the sources of information which the Secretary of State can draw upon in deciding whether to exercise these powers and bring under-performance by police authorities within the scope of these powers. The amended powers place a duty upon the Secretary of State to consult Her Majesty’s Inspectorate of Constabulary on the grounds for intervention and a duty to publish the Inspectorate’s response.