Modification to regulation 41 (procedure at misconduct proceedings)E+W
31. Regulation 41 is to be read as if—
(a)in paragraphs (1), (3), (5), (10) and (11) “conducting or” were omitted;
(b)in paragraph (2), “in relation to the form of misconduct proceedings taking place” were omitted;
(c)in paragraph (5), for “misconduct or gross misconduct, as the case may be”, there were substituted “ gross misconduct ”;
(d)in paragraph (8), “(at a misconduct hearing)” were omitted;
(e)after paragraph (10), there were inserted—
“(10A) Where evidence is given or considered at the misconduct hearing that the officer concerned was given written notice of an interview under regulation 20(6) (interviews during investigation) of these Regulations or under regulation 21(6)(a) of the Complaints and Misconduct Regulations and failed to attend the interview, paragraph (14) applies.”.
(f)in paragraph (12)(b)—
(i)after “18(1)” there were inserted “ , 20A(2) ”;
(ii)for “of the Complaints and Misconduct Regulations” there were substituted “ or 21A(2) of the Complaints and Misconduct Regulations, as modified by regulation 42 of, and Schedule 2 to, those Regulations ”;
(g)in paragraphs (14) and (16), “person or” were omitted;
(h)for paragraph (15) there were substituted—
“(15) The persons conducting the misconduct proceedings must review the facts of the case and decide whether the conduct of the officer concerned amounts to misconduct, gross misconduct or neither.”;
(i)in paragraph (17), “At misconduct proceedings conducted by a panel,” were omitted.
Commencement Information
I1Sch. 1 para. 31 in force at 1.2.2020, see reg. 1