The Police Appeals Tribunals (Amendment: Metropolitan Police) Rules 2011

JurisdictionUK Non-devolved
CitationSI 2011/3029
Year2011

2011 No. 3029

Police, England And Wales

The Police Appeals Tribunals (Amendment: Metropolitan Police) Rules 2011

Made 15th December 2011

Laid before Parliament 19th December 2011

Coming into force 16th January 2012

The Secretary of State, in exercise of the powers conferred by section 85 of the Police Act 19961, makes the following Rules.

In accordance with section 63(3) of that Act2, the Secretary of State has supplied the Police Advisory Board for England and Wales with a draft of these Rules and has taken into consideration the representations of that Board.

In accordance with paragraph 24 of Schedule 7 to the Tribunals, Courts and Enforcement Act 20073, the Secretary of State has consulted the Administrative Justice and Tribunals Council.

S-1 Citation, commencement and extent

Citation, commencement and extent

1.—(1) These Rules may be cited as the Police Appeals Tribunals (Amendment: Metropolitan Police) Rules 2011 and shall come into force on 16th January 2012.

(2) These Rules extend to England and Wales.

S-2 Interpretation

Interpretation

2. In these Rules—

the 1999 Rules” means the Police Appeals Tribunals Rules 19994;

“the 2008 Rules” means the Police Appeals Tribunals Rules 20085.

S-3 Amendments to the 1999 Rules

Amendments to the 1999 Rules

3.—(1) The 1999 Rules are amended as follows.

(2) In rule 3(1) (interpretation), after the definition of “original hearing” insert—

““police authority” means—

(a) in relation to a police area listed in Schedule 1 to the Act, the police authority established under section 3 of the Act;

(b) in relation to the metropolitan police district, the Mayor’s Office for Policing and Crime; and

(c) in relation to the City of London police area, the Common Council;”.

(3) For rule 4 (the respondent) substitute—

S-4

4.—(1) The respondent on an appeal by—

(a)

(a) a senior officer of a police force maintained under section 2 of the 1996 Act or the City of London police force; or

(b)

(b) the Commissioner of Police of the Metropolis or a person exercising powers or duties of the Commissioner in accordance with section 44 or 45(4) of the Police Reform and Social Responsibility Act 2011,

shall be a person designated for the purpose by the relevant police authority.

(2) The respondent on an appeal by any other member of a police force shall be the chief officer of that force.”.

S-4 Amendments to the 2008 Rules

Amendments to the 2008 Rules

4.—(1) The 2008 Rules are amended as follows.

(2) In regulation 3(1) (interpretation), at the end of the definition of “relevant police authority” insert—

“and for the purposes of these Rules the Mayor’s Office for Policing and Crime shall be treated as the police authority maintaining the metropolitan police force;”.

(3) In rule 8 (the respondent), for paragraph (1) substitute—

S-1

“1 Where the appellant is—

(a) a senior officer of a police force maintained under section 2 of the 1996 Act or the City of London police force; or

(b) the Commissioner of Police of the Metropolis or a person exercising powers or duties of the Commissioner in accordance with section 44 or 45(4) of the Police Reform and Social Responsibility Act 2011,

the respondent shall be a person designated by the relevant police authority.”.

S-5 Appeals already being dealt with under the 1999 Rules

Appeals already being dealt with under the 1999 Rules

5. Where, as a result of the coming into force of rule 3(3), a chief officer of police replaces a person designated by a police authority as the...

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