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Section 40D: Power to give directions to critical police undertakings

Police Act 1996 (1996 c. 16)

(1) The Secretary of State may give a notice under this section to a critical police undertaking.

(2) An undertaking is a “critical police undertaking” if—

(a) it provides facilities or services to two or more police forces,

(b) the provision of facilities or services to police forces is its principal business activity,

(c) it is wholly or partly funded by grants from the Secretary of State, and

(d) the Secretary of State considers that the facilities or services it provides to police forces are calculated to promote the efficiency and effectiveness of the police.

(3) A critical police undertaking to which a notice is given under this section must comply with any directions given to it under this section by the Secretary of State.

(4) A direction under this section is a direction requiring the critical police undertaking to which it is given to take, or not to take, action specified in the direction.

(5) The action that a direction may require a critical police undertaking to take includes (for example)—

(a) entering into agreements, including contracts of employment;

(b) appointing officers;

(c) exercising a function of management in a particular way;

(d) providing information to the Secretary of State.

(6) The Secretary of State may give a notice or direction under this section only if the Secretary of State considers that giving the notice or direction is calculated to promote the efficiency and effectiveness of the police.

(7) Before giving a notice or direction under this section the Secretary of State must consult the critical police undertaking to which the notice or direction is to be given.

(8) A notice or direction under this section must be given in writing.

(9) The Secretary of State must lay before Parliament, and publish, a notice or direction given under this section.

(10) The Secretary of State may vary or revoke a notice or direction given under this section by giving a further notice or direction under this section.

(11) In this section “undertaking” has the meaning given by section 1161(1) of the Companies Act 2006.

Reproduced from legislation.gov.uk as captured on 2026-07-13. Statute is amended over time — check the source below for the version in force. This is a reference, not legal advice.
View s.40D on legislation.gov.uk

Source: legislation.gov.uk, Crown copyright, Open Government Licence v3.0.