Royal Ulster Constabulary (Appeals) Regulations 2000

Part I General Citation and commencement

1.   These Regulations may be cited as the Royal Ulster Constabulary (Appeals) Regulations 2000 and shall come into operation on 6th November 2000.

Revocation and transitional provisions

2. —(1) Subject to the following provisions of this regulation the Royal Ulster Constabulary (Discipline and Disciplinary Appeals) Regulations 1988 Part IV and Schedule 5(2) (hereinafter referred to as the Regulations of 1988) are hereby revoked.

(2) In relation to an appeal against a decision made in accordance with the Royal Ulster Constabulary (Discipline and Disciplinary Appeals) Regulations 1988—

(a)nothing in these regulations shall apply, and

(b)the Regulations of 1988 shall, so far as applicable, continue to have effect.

Interpretation and application

3. —(1) In these Regulations, the following expressions have the meanings hereby respectively assigned to them, that is to say:—

“appeal tribunal” means the person or persons appointed under regulation 8(1) or (3);

“appellant” means any member who has been dealt with by way of a conduct or unsatisfactory performance hearing and who wishes to appeal the decision, where that decision has been dismissal, a requirement to resign or a reduction in rank;

“Chief Constable” shall be construed as including a reference to a person discharging the functions of the Chief Constable;

“chief officer” means a chief constable of a police force other than the Royal Ulster Constabulary or a commissioner of the police of the Metropolis;

“Code of Conduct” means the code of conduct contained in Schedule 4 of the Royal Ulster Constabulary (Conduct) Regulations 2000;

“complaint” means a complaint to which section 50 of the Act of 1998 applies;

“force” means the Royal Ulster Constabulary and the Royal Ulster Constabulary Reserve;

“hearing” has the meaning assigned thereto by regulation 12;

“inspector” includes chief inspector;

“inspector of constabulary” means one of Her Majesty’s Inspectors of Constabulary;

“member” means a member of the Royal Ulster Constabulary; or a member of the Royal Ulster Constabulary Reserve appointed on a full-time basis in accordance with regulations made under section 26 of the Act of 1998;

“original hearing” means the conduct or unsatisfactory performance hearing at the conclusion of which the appellant was found to have failed to meet the appropriate standard or, as the case may be, the appellant’s performance was found to have been unsatisfactory;

“police force in the United Kingdom” has the meaning assigned to a police force in the Police Act 1996(3) or a police force in the Police (Scotland) Act 1967(4) as the case may be;

“Regulations of 1988” has the meaning assigned thereto by regulation 2(1);

“respondent” has the same meaning as in regulation 4;

“senior officer” means a police officer of the rank of chief constable, deputy chief constable or assistant chief constable;

“supporting documents” has the meaning assigned thereto by regulation 6(3)(b);

“the Act of 1998” means the Police (Northern Ireland) Act 1998;

“tribunal” means such a tribunal as is mentioned in regulation 8(1) and (3).

(2) In these Regulations, any expression which appears also in the Royal Ulster Constabulary (Conduct) Regulations 2000, the Royal Ulster Constabulary (Conduct) (Senior Officer) Regulations 2000 and the Royal Ulster Constabulary (Unsatisfactory Performance) Regulations 2000 shall, unless the contrary intention appears, have the same meaning as in those regulations.

Part II Appeals to an appeals tribunal Respondent

4. —(1) On any appeal by a senior officer under these regulations against the decision of the Police Authority, the respondent shall be the Authority.

(2) On an appeal by a member of the force who is not a senior officer the respondent shall be the Chief Constable.

Notice of appeal

5. —(1) An appeal under these regulations shall be instituted by the appellant giving the Police Authority written notice of appeal.

(2) Subject to regulation 7, the time within which the notice of appeal under Regulation 36(4) of the Royal Ulster Constabulary (Conduct) Regulations 2000, Regulation 15(6) of the Royal Ulster Constabulary (Conduct) (Senior Officer) Regulations 2000 or regulation 21(4) of the Royal Ulster Constabulary (Unsatisfactory performance) Regulations 2000 shall be given is 21 days. This period begins from the date on which the appellant was notified in writing of the decision appealed against in pursuance of regulations made in accordance with Sections 25(3) or 26(3) of the Act of 1998.

(3) In a case to which regulation 39 of the Royal Ulster Constabulary (Conduct) Regulations 2000 or regulation 25 of the Royal Ulster Constabulary (Conduct) (Senior Officer) Regulations 2000 applies where the decision appealed against was given in pursuance of those Regulations as modified by Part II of Schedule 3 or, as the case may be, by Part II of Schedule 2 to those Regulations, the time within which...