The Police Appeals Tribunals (Scotland) Rules 2013
| Jurisdiction | Scotland |
| Citation | SSI 2013/63 |
| Year | 2013 |
2013 No. 63
Police
The Police Appeals Tribunals (Scotland) Rules 2013
Made 21th February 2013
Laid before the Scottish Parliament 25th February 2013
Coming into force 1st April 2013
The Scottish Ministers make the following Rules in exercise of the powers conferred on them by sections 56(3) and 125(1) and paragraph 4 of schedule 3 to the Police and Fire Reform (Scotland) Act 20121and all other powers enabling them to do so.
Citation and commencement
1. These Rules may be cited as the Police Appeals Tribunals (Scotland) Rules 2013 and come into force on 1st April 2013.
Interpretation
2. In these Rules, unless the context otherwise requires—
“appeal” means an appeal by a constable which is made under section 56(1) of the 2012 Act;
“the appellant” means the constable making an appeal;
“Conduct Regulations” means the Police Service of Scotland (Conduct) Regulations 20132;
“disputed decision” means the decision which is the subject of the appeal;
“misconduct hearing” means—
(a) in the case of an appellant who is not a senior officer, a hearing which the appellant was required to attend pursuant to regulation 15 of the Conduct Regulations; or
(b) in the case of any other appellant, a hearing which the appellant was required to attend pursuant to regulation 16 of the Senior Officers’ Conduct Regulations;
“inefficiency hearing” means an inefficiency hearing which the appellant was required to attend in terms of regulation 14 of the Performance Regulations;
“Performance Regulations” means the Police Service of Scotland (Performance) Regulations 20133;
“the Police Appeals Tribunal Register” means the register kept under rule 3(3);
“the Registrar” has the meaning given by rule 3(1);
“representative” includes a legally qualified person;
“the respondent” has the meaning given in rule 4;
“Senior Officers’ Conduct Regulations” means the Police Service of Scotland (Senior Officers) (Conduct) Regulations 20134;
“statement of case” means—
(a) in the case of an appellant, the statement which the appellant is required to send in accordance with rule 5 together with any adjustments made in accordance with rule 7; and
(b) in the case of the respondent, the statement which the respondent is required to send in accordance with rule 6 together with any adjustments made in accordance with rule 7;
“the tribunal” means the police appeals tribunal appointed under paragraph 1 of schedule 3 to the 2012 Act in relation to the appeal; and
“the 2012 Act” means the Police and Fire Reform (Scotland) Act 2012.
The Registrar
3.—(1) For the purposes of these Rules, the Registrar means a member of the Authority’s staff (not being a constable) appointed by the Authority to perform the functions of the Registrar specified in these Rules in relation to any appeal brought by a constable.
(2) On receipt of a notice of appeal, the Registrar must forthwith notify the Lord President of the Court of Session of the need to appoint members to a police appeals tribunal in accordance with paragraph 1(2)(b) of schedule 3 to the 2012 Act.
(3) The Registrar must keep a register of all appeals made under section 56(1) of the 2012 Act.
(4) Any functions of the Registrar specified in these Rules may be performed by another member of staff of the Authority (not being a constable) who is appointed by the Authority to act as an assistant to the Registrar.
The respondent
4. On any appeal to a police appeals tribunal under section 56(1) of the 2012 Act the respondent is—
(a) in the case of an appeal by a senior officer, the Authority; and
(b) in any other case, the chief constable.
Notice of appeal
5.—(1) An appeal which may be made under section 56 of the 2012 Act to a police appeals tribunal must be made by written notice sent by the appellant to the Registrar.
(2) The notice of appeal must state—
(a)
(a) the name and address of the appellant;
(b)
(b) that the notice is a notice of appeal;
(c)
(c) the date and any reference number of the disputed decision and the name and address of the respondent; and
(d)
(d) the name and address of the representative of the appellant, if any, and whether the tribunal should send replies or notices concerning the appeal to the representative instead of the appellant.
(3) The appellant must attach to the notice of appeal—
(a)
(a) a statement setting out fully on what grounds the appeal is made;
(b)
(b) a copy of the disputed decision including, in the case of an appellant who is not a senior officer, the decision of the chairing constable of the misconduct hearing held in terms of the Conduct Regulations or, as the case may be, the decision of the chairing constable of the inefficiency hearing held in terms of the Performance Regulations; and
(c)
(c) any documentary evidence upon which the appellant intends to rely for the purposes of the appeal.
(4) The appellant or the appellant’s representative must sign the notice of appeal.
(5) The appellant must send the notice of appeal, together with the statement and documents referred to in paragraph (3), to the Registrar not later than 28 days after the date on which the disputed decision against which the appeal is made was given to or served upon the appellant.
(6) Where the appellant considers that the appellant cannot provide with the notice of appeal any document required by paragraph (3), the appellant may include in the notice of appeal a request for an extension of the time limit for the submission of any such document which sets out the reasons why an extension is requested.
(7) At the same time as the appellant complies with paragraph (5), the appellant must send a copy of the notice of appeal and of the statement and other documents referred to in paragraph (3) to the respondent.
(8) Following receipt of the notice of appeal and accompanying documents, the Registrar must—
(a)
(a) send an acknowledgement of the receipt to the appellant;
(b)
(b) enter particulars of the appeal in the Police Appeals Tribunal Register;
(c)
(c) send written notice to the appellant and the respondent of the reference number of the appeal and of the address to which any communication to the Registrar concerning the appeal should be sent; and
(d)
(d) provide each member of the tribunal with a copy of the notice of appeal and of any accompanying documents.
(9) Where the appellant’s notice of appeal includes a request as mentioned in paragraph (6), the chairing member of the tribunal must decide the matter as soon as reasonably practicable.
Reply by the respondent
6.—(1) The respondent must, not later than 21 days after the date on which a copy of the notice of appeal was sent to the respondent in terms of rule 5(7), send to the Registrar a notice stating—
(a)
(a) whether or not the respondent intends to oppose the appeal; and
(b)
(b) the name and address of any representative of the respondent to whom any communication relating to the appeal should be sent.
(2) Where the respondent intends to oppose the appeal, the respondent must attach to the notice—
(a)
(a) a statement setting out fully on what grounds the appeal is opposed and any representations with respect to the information contained with the appellant’s notice of appeal;
(b)
(b) where the disputed decision was made under the Conduct Regulations, a certified copy of—
(i) the misconduct form prepared in terms of regulation 11(4)(a) of those Regulations in connection with the proceedings which were the subject of the misconduct hearing;
(ii) the written note summarising the proceedings at the misconduct hearing prepared by the chairing constable of that hearing in terms of regulation 19(11) of those Regulations; and
(iii) the notice prepared by the chief constable in terms of regulation 28(11) of those Regulations;
(c)
(c) where the disputed decision was made under the Senior Officers’ Conduct Regulations, a certified copy of—
(i) the notification made in terms of regulation 24(1) of those Regulations; and
(ii) the audio recording of the misconduct hearing made under regulation 19(5) of those Regulations or, as the case may be, the written record of the misconduct hearing made under regulation 19(6) of those Regulations;
(d)
(d) where the disputed decision was made under the Performance Regulations, a certified copy of—
(i) the written note summarising the proceedings of the inefficiency hearing prepared by the chairing constable of that hearing in terms of regulation 15(8) of those Regulations;
(ii) the notice requiring the constable to attend that hearing in terms of regulation 14 of those Regulations; and
(iii) the determination of the chief constable notified in terms of regulation 22(7) of those Regulations; and
(e)
(e) any documentary evidence upon which the respondent intends to rely for the purposes of opposing the appeal.
(3) The notice and statement submitted in terms of paragraph (2)(a) must be signed—
(a)
(a) where the respondent is the chief constable, by the chief constable; or
(b)
(b) where the respondent is the Authority, by a member of staff of the Authority who is authorised to sign such documents.
(4) Where the respondent considers that the respondent cannot provide with the notice under paragraph (1) any document required by paragraph (2), the respondent may include in the notice a request for an extension of the time limit for submission of any such document which sets out the reasons why an extension is requested.
(5) At the same time as the respondent complies with paragraph (1), the respondent must send a copy of the notice and, where applicable, the statement and other documents referred to in paragraph (2) to the appellant.
(6) Following receipt of the notice sent pursuant to paragraph (1), the Registrar must—
(a)
(a) send an acknowledgement of the receipt to the respondent; and
(b)
(b) provide each member of the tribunal with a copy of the notice and of any accompanying documents.
(7)...
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