Part 3: Police Workforce and Representative Institutions Chapter 1: Police workforce Section 47: Power to make regulations about police ranks
Presently the police rank structure is set out in the 1996 Act, the 2011 Act and regulations made under the 1996 Act. This section inserts new sections 50A and 50B into the 1996 Act to replace existing powers to make regulations as to police ranks with new powers for the Secretary of State to make regulations, subject to the affirmative procedure, setting out the rank structure (not including chief officers) for police forces in England and Wales. Under current legislation, the Secretary of State has very little flexibility in the rank structure that may be provided for in regulations as the ranks are effectively stipulated in primary legislation. The powers in section 47 (combined with the consequential amendments in section 48) will provide such flexibility.
	These powers will enable the Secretary of State, through regulations, to implement as appropriate the findings of the College of Policing rank review. The review might, for example, recommend the abolition of certain ranks, the creation of new ranks and/or that certain ranks that are currently mandatory for each force under the 2011 Act (for example, assistant chief constable) should become discretionary.
	Subsection (1) of new section 50A provides the basic power for the Secretary of State to specify police ranks (other than chief officers of police) in regulations. This must include the rank of constable. New section 50A will enable amendments to be made to any primary or secondary legislation that refers to a specific rank (for example, certain police powers under PACE must be exercised by an officer of at least the rank of inspector or superintendent) that may no longer exist as a result of changes to the rank structure so as to substitute the nearest equivalent rank. The powers may also be used, as necessary, to repeal or otherwise amend relevant provisions in the 2011 Act so as to remove references to any abolished rank or, where a rank mentioned there continues, to make it discretionary as whether to appoint one or more persons at that rank.
	New section 50B contains procedural provisions in relation to regulations under new section 50A. Such regulations are subject to the affirmative resolution procedure (subsection (1)).
	Regulations under new section 50A can be made in one of two ways. First, the College of Policing may submit draft regulations on this matter to the Secretary of State. If the College does so, the Secretary of State must lay them before Parliament (new section 50B(2)(a)) unless he or she considers the draft regulations to be unlawful, an impairment on police efficiency, or otherwise wrong to enact (new section 50B(3)). If those draft regulations are laid before Parliament, and approved by both Houses (new section 50B(2)(b)), the Secretary of State must make regulations in those terms. Second, the Secretary of State could prepare regulations him or herself and lay them before Parliament. In this instance, new section 50B(4) requires the Secretary of State to ensure that the College of Policing have approved those draft regulations before they are laid before Parliament. This approach reflects the position of the College as the professional body for policing and mirrors existing provisions, for example, in section 50(2ZA) and (2ZB) of the 1996 Act.