Legislation – Police, Crime, Sentencing and Courts Act 2022
Changes to legislation:
Police, Crime, Sentencing and Courts Act 2022, Section 61 is up to date with all changes known to be in force on or before 29 December 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
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Changes and effects yet to be applied to Section 61:
- Pt. 2 Ch. 3A inserted by 2024 c. 21 s. 28
- s. 44F inserted by 2024 c. 21 s. 29
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- Pt. 2 Ch. 3A inserted by 2024 c. 21 s. 28
- s. 44F inserted by 2024 c. 21 s. 29
PART 2Prevention, investigation and prosecution of crime
CHAPTER 4Other provisions
Non-criminal hate incidents
61Further provision about a code of practice under section 60
(1)
The Secretary of State may not issue a code of practice under section 60 unless a draft of the code has been laid before and approved by a resolution of each House of Parliament.
(2)
The Secretary of State may from time to time revise and reissue a code of practice under section 60.
(3)
Before reissuing a code of practice the Secretary of State must lay a draft of the code as proposed to be reissued before Parliament.
(4)
If, within the 40-day period, either House of Parliament resolves not to approve the code of practice laid under subsection (3)—
(a)
the code is not to be reissued, and
(b)
the Secretary of State may prepare another code.
(5)
If no such resolution is passed within the 40-day period, the Secretary of State may reissue the code of practice.
(6)
In this section “the 40-day period” means—
(a)
the period of 40 days beginning with the day on which the draft is laid before Parliament, or
(b)
if the draft is not laid before each House on the same day, the period of 40 days beginning with the later of the days on which it is laid before Parliament.
(7)
In calculating the 40-day period no account is to be taken of any period during which Parliament is dissolved or prorogued or during which both Houses of Parliament are adjourned for more than 4 days.