Police Act 1996

Section 85.

SCHEDULE 6 E+W Appeals to police appeals tribunals

Modifications etc. (not altering text)

C1 Sch. 6 applied (1.4.1998) by 1997 c. 50, s. 82(2); S.I. 1998/354, art. 2(2)(ap)

Police appeals tribunals E+W

1 (1) In the case of an appeal by a senior officer, the police appeals tribunal shall consist of three members appointed by the [F1 Secretary of State] [F1 relevant person], of whom— E+W

(a) one shall be a person chosen from a list of persons who [F2 satisfy the judicial-appointment eligibility condition on a 5-year basis] and have been nominated by the Lord Chancellor for the purposes of this Schedule,

[F3 (b) one shall be Her Majesty's Chief Inspector of Constabulary appointed under section 54(1) or one of Her Majesty's Inspectors of Constabulary nominated by the Chief Inspector, and

(c) one shall be the permanent secretary to the Home Office or a Home Office director nominated by the permanent secretary.]

(2) The member of the police appeals tribunal to whom sub-paragraph (1)(a) applies shall be the chairman.

Textual Amendments

F1 Words in Sch. 6 para. 1(1) substituted (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), ss. 31(2), 183(1)(5)(e)

F2 Words in Sch. 6 para. 1(1)(a) substituted (21.7.2008) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 10 para. 27; S.I. 2008/1653, art. 2(d) (with arts. 3, 4)

F3 Sch. 6 para. 1(1)(b)(c) substituted (1.12.2008) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 22 para. 11(2); S.I. 2008/2993, art. 2(1)(h)(ii) (with art. 3)

2 [F4 (1) In the case of an appeal by a member of a police force (other than a senior officer) or a special constable, the police appeals tribunal shall consist of [F5 three members] appointed by the [F6 [F7 relevant local policing body]] [F6 relevant person], of whom— E+W

(a) one shall be a person chosen from the list referred to in paragraph 1(1)(a),

(b) one shall be a senior officer, [F8 and]

F9 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) [F10 one shall be a retired member of a police force who, at the time of his retirement, was a member of an appropriate staff association.]]

[F11 (e) one shall be a lay person.]

(2) The member of the police appeals tribunal to whom sub-paragraph (1)(a) applies shall be the chairman.

Textual Amendments

F4 Sch. 6 para. 2(1) substituted (1.12.2008) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 22 para. 11(3); S.I. 2008/2993, art. 2(1)(h)(ii) (with art. 3)

F5 Words in Sch. 6 para. 2(1) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 47(2)(a); S.I. 2011/3019, art. 3, Sch. 1

F6 Words in Sch. 6 para. 2(1) substituted (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), ss. 31(3)(a), 183(1)(5)(e)

F7 Words in Sch. 6 para. 2(1) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 47(2)(b); S.I. 2011/3019, art. 3, Sch. 1

F8 Word in Sch. 6 para. 2(1)(b) inserted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 47(2)(c); S.I. 2011/3019, art. 3, Sch. 1

F9 Sch. 6 para. 2(1)(c) omitted (16.1.2012) by virtue of Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 47(2)(d); S.I. 2011/3019, art. 3, Sch. 1

F10 Sch. 6 para. 2(1)(d) omitted (31.1.2017 for specified purposes) by virtue of Policing and Crime Act 2017 (c. 3), ss. 31(3)(b), 183(1)(5)(e)

F11 Sch. 6 para. 2(1)(e) inserted (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), ss. 31(3)(c), 183(1)(5)(e)

[F12 2A (1) For the purposes of paragraphs 1 and 2, “the relevant person” means the person determined in accordance with rules made by the Secretary of State. E+W

(2) Rules under sub-paragraph (1) may make—

(a) different provision for different cases and circumstances;

(b) provision for the relevant person to be able to delegate the power to appoint the members of a tribunal.

(3) A statutory instrument containing rules under sub-paragraph (1) is subject to annulment in pursuance of a resolution of either House of Parliament.]

Textual Amendments

F12 Sch. 6 para. 2A inserted (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), ss. 31(4), 183(1)(5)(e)

Notice of appeal E+W

3 E+W An appeal shall be instituted by giving notice of appeal within the time prescribed by rules made under section 85.

Respondent E+W

4 E+W On any appeal the respondent shall be such person as may be prescribed by rules made under section 85.

Casting vote E+W

5 E+W Where there is an equality of voting among the members of a police appeals tribunal, the chairman shall have a second or casting vote.

Hearing E+W

F13 6 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F13 Sch. 6 para. 6 repealed (1.12.2008) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 22 para. 11(4), Sch. 28 Pt. 8; S.I. 2008/2993, art. 2(1)(h)(ii)(k)(i) (with art. 3)

Effect of orders E+W

7 [F14 (1) Where on the determination of an appeal the tribunal makes such an order as is mentioned in section 85(2), the order shall take effect— E+W

(a) by way of substitution for the decision appealed against, and

(b) as from the date of that decision.]

(2) Where the effect of the order made by the police appeals tribunal is to reinstate the appellant in the force or in his rank, he shall, for the purpose of reckoning service for pension and, to such extent (if any) as may be determined by the order, for the purpose of pay, be deemed to have served in the force or in his rank continuously from the date of the original decision to the date of his reinstatement.

(3) Where the effect of the order made by the police appeals tribunal is to reinstate the appellant in the force and he was suspended for a period immediately preceding the date of the original decision or any subsequent decision, the order shall deal with the suspension.

Textual Amendments

F14 Sch. 6 para. 7(1) substituted (1.12.2008) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 22 para. 11(5); S.I. 2008/2993, art. 2(1)(h)(ii) (with art. 3)

Remuneration and expenses E+W

8 E+W Members of a police appeals tribunal shall be—

(a) paid such remuneration, and

(b) reimbursed for such expenses,

as the Secretary of State may determine.

Costs E+W

9 (1) An appellant shall pay the whole of his own costs unless the police appeals tribunal directs that the whole or any part of his costs are to be defrayed out of the police fund of the [F15 relevant local policing body]. E+W

(2) Subject to sub-paragraph (1), all the costs and expenses of an appeal under section 85, including the costs of the respondent and any remuneration or expenses paid by virtue of paragraph 8, shall be defrayed out of the police fund of the [F15 relevant local policing body ] .

Textual Amendments

F15 Words in Sch. 6 para. 9 substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 47(3); S.I. 2011/3019, art. 3, Sch. 1

Interpretation E+W

10 E+W In this Schedule—

(a) “senior officer” means a member of a police force holding a rank above that of [F16 chief] superintendent,

[F17 (aa) lay person” means a person who is not, and has never been—

(i) a member of a police force or a special constable,

(ii) a member of the civilian staff of a police force, including the metropolitan police force, within the meaning of Part 1 of the Police Reform and Social Responsibility Act 2011 (see section 102(4) and (6) of that Act),

(iii) a person employed by the Common Council of the City of London in its capacity as police authority who is under the direction and control of the Commissioner of Police for the City of London,

[F18 (iiia) a person designated as a community support volunteer or a policing support volunteer under section 38 of the Police Reform Act 2002,]

(iv) a police and crime commissioner,

(v) a member of staff of a police and crime commissioner, or of the Mayor's Office for Policing and Crime, within the meaning of Part 1 of the Police Reform and Social Responsibility Act 2011 (see section 102(3) and (5) of that Act),

(vi) a constable within the meaning of Part 1 of the Police and Fire Reform (Scotland) Act 2012 (2012 asp 8) (see section 99 of that Act),

(vii) a member of the Police Service of Northern Ireland or the Police Service of Northern Ireland Reserve,

(viii) a member of the British Transport Police Force or a special constable appointed under section 25 of the Railways and Transport Safety Act 2003,

(ix) an employee of the British Transport Police Authority appointed under section 27 of the Railways and Transport Safety Act 2003,

(x) a member of the Ministry of Defence Police,

(xi) a person (other than a member of the Ministry of Defence Police) who is under the direction and control of the chief constable for the Ministry of Defence Police,

(xii) a member of the Civil Nuclear Constabulary, or

(xiii) an employee of the Civil Nuclear Police Authority appointed under paragraph 6 of Schedule 10 to the Energy Act 2004,]

[F19 (b) [F20 “relevant local policing body” [F21 , except in relation to an appeal under section 85 that relates to proceedings conducted under regulations made in pursuance of section 50(3A) or section 51(2B),] means the local policing body] which maintains—

(i) the police force of which the appellant is a member, or

(ii) the police force for the area for which the appellant is appointed as a special constable,

as the case may be.]

[F22 (ba) the relevant local policing body”, in relation to an appeal under section 85 that relates to proceedings conducted under regulations made in pursuance of section 50(3A) or section 51(2B), means the local policing body which maintains—

(i) the police force of which the appellant was last a member, or

(ii) the police force for the area for which the appellant was last appointed as a special constable,

as the case may be.]

[F23 (c) [F24 “appropriate staff association” means—

(i) where the appellant was, immediately before the proceedings from which the appeal is brought, of the rank of chief superintendent or superintendent, the Police Superintendents' Association of England and Wales; and

(ii) in any other case, the Police Federation of England and Wales.]]

Textual Amendments

F16 Word in Sch. 6 para. 10(a) inserted (1.1.2002) by 2001 c. 16, s. 125(5)(a)(6); S.I. 2001/3736, art. 3(a)

F17 Sch. 6 para. 10(aa) inserted (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), ss. 31(5)(a), 183(1)(5)(e)

F18 Sch. 6 para. 10(aa)(iiia) inserted (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), ss. 41(4), 183(1)(5)(e)

F19 Sch. 6 para. 10(b) substituted (1.12.2008) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 22 para. 11(6)(a); S.I. 2008/2993, art. 2(1)(h)(ii) (with art. 3)

F20 Words in Sch. 6 para. 10(b) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 47(4); S.I. 2011/3019, art. 3, Sch. 1

F21 Words in Sch. 6 para. 10(b) inserted (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), ss. 29(6)(a), 183(1)(5)(e)

F22 Sch. 6 para. 10(ba) inserted (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), ss. 29(6)(b), 183(1)(5)(e)

F23 Sch. 6 para. 10(c) substituted (1.12.2008) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 22 para. 11(6)(b); S.I. 2008/2993, art. 2(1)(h)(ii) (with art. 3)

F24 Sch. 6 para. 10(c) omitted (31.1.2017 for specified purposes) by virtue of Policing and Crime Act 2017 (c. 3), ss. 31(5)(b), 183(1)(5)(e)