The Reporters (Appeals against Dismissal) (Scotland) Regulations 1997

Citation and commencement

1.  These Regulations may be cited as the Reporters (Appeals against Dismissal) (Scotland) Regulations 1997 and shall come into force on 1st April 1997.

Interpretation

2.  In these Regulations, unless the context otherwise requires–

“the 1994 Act” means the Local Government etc. (Scotland) Act 1994;

“the Administration” means the Scottish Children’s Reporter Administration established by section 128 of the 1994 Act;

“the appellant” means the officer dismissed by the Administration who is appealing to the Secretary of State under section 129 of the 1994 Act.

Officers entitled to appeal against dismissal

3.  An officer of the Administration of the grade or rank known as Assistant Principal Reporter is hereby prescribed as an officer for the purposes of section 129(1) of the 1994 Act (prescribing of officer or class of officer for purpose of entitlement to appeal to the Secretary of State against dismissal by the Administration).

Notice of Appeal

4.  An appeal under section 129 of the 1994 Act shall be instituted by the appellant giving a notice of appeal in accordance with the provisions of these Regulations.

5.  A notice of appeal under regulation 4 above shall be given to the Secretary of State within 21 days from the date on which the appellant received notification of dismissal by the Administration, and shall be accompanied by–

(a) a statement setting out fully on what grounds the appeal is made; and

(b) any documentary evidence which the appellant may desire to submit.

6.  The appellant shall, at the same time as giving a notice of appeal to the Secretary of State under regulation 4 above, give to the Administration a copy of that notice of appeal and of any documentary evidence submitted by the appellant to the Secretary of State under regulation 5 above.

Response by Administration

7.  The Administration shall, within 21 days of the date of receipt of the copy of the notice of appeal and documentary evidence referred to in regulation 6 above, give to the Secretary of State a statement, signed and dated by the chairman or deputy chairman, saying whether or not the appeal is opposed.

8.  If the appeal is opposed the statement by the Administration under regulation 7 above shall–

(a) set out fully the reasons for opposing it;

(b) contain any representations which the Administration may desire to submit with regard to the information furnished by the appellant for the purposes of the appeal; and

(c) be accompanied by any documentary evidence in support of the statement together with a copy of any document which was taken into account by the Administration in determining that the appellant should be dismissed from his appointment.

9.  The Administration shall, at the same time as giving the statement to the Secretary of State under regulation 7 above, give to the appellant a copy of that statement and, if the appeal is opposed, a copy of any documentary evidence provided to the Secretary of State under regulation 8(c) above.

Inquiry by a Panel

10.—(1) The Secretary of State may, where he considers it appropriate, constitute a panel to conduct an inquiry for the purposes of the appeal and to report to him.

(2) The Secretary of State shall advise the appellant and the Administration of any decision by him to constitute a panel for this purpose.

(3) The Schedule to these Regulations shall have effect to govern the constitution of any such panel and the proceedings of the inquiry by the panel.

(4) In any case in which the Secretary of State has constituted a panel in terms of paragraph (1) above, the Secretary of State, on receipt of the report of that panel, shall give a copy of that report to the appellant and to the Administration, and the appellant and the Administration shall be entitled, within 21 days of the copy of the report being given to them, to give comments to the Secretary of State in relation to that report.

Disposal by Secretary of State

11.—(1) The Secretary of State shall, before determining an appeal under section 129 of the 1994 Act, consider–

(a) the notice of appeal and any other documents given to him by the appellant and the Administration in accordance with these Regulations;

(b) the report made to him by any panel constituted under regulation 10 above; and

(c) any comments given to him by the appellant and the Administration in relation to that report.

(2) On an appeal under section 129 of the 1994 Act the Secretary of State may–

(a) allow the appeal; or

(b) dismiss the appeal.

(3) In any case in which the Secretary of State allows the appeal he may–

(a) where the dismissal of the appellant from the employment of the Administration has taken effect–

(i) direct that the appellant be reinstated by the Administration with effect from such date as he may specify;

(ii) direct the Administration to make payment to the appellant of such sum as to the Secretary of State seems appropriate taking into account any loss sustained by the appellant in relation to benefits to which the appellant would otherwise have been entitled had his appointment not been terminated; and

(iii) give directions as to the extent to which the appellant shall for the purposes of pay and other conditions of service be treated as having served continuously in office from the date of dismissal appealed against to the date of reinstatement; or

(b) in any other case, direct that the dismissal of the appellant by the Administration shall not take effect.

Timetable for disposal by Secretary of State

12.—(1) The provisions of paragraphs (2) and (3) require the Secretary of State to make a decision on whether to allow the appeal and to notify the appellant and the Administration within the times specified in those paragraphs.

(2) Where the Secretary of State has not constituted a panel in terms of regulation 10(1), the steps specified in paragraph (1) of that regulation must be completed not later than 21 days from the last day for the receipt of the Administration’s statement as provided for in regulation 7.

(3) Where the Secretary of State has constituted a panel in terms of regulation 10(1), the steps specified in paragraph (1) of that regulation must be completed not later than 21 days from the last day for receipt of comments on the panel’s report as provided for in regulation 10(4).

Effect of disposal by Secretary of State

13.  The Administration shall give effect to the disposal of an appeal by the Secretary of State under regulation 11 above, and to any directions by the Secretary of State under that regulation.

Time Limits

14.  The Secretary of State, where satisfied on the application of the appellant or the Administration that there are special circumstances warranting any time limit specified in these Regulations being waived, may waive the application of any such time limit for up to 21 days.

Giving notice

15.  Any notice, statement or document required to be given in terms of these Regulations shall be sent by recorded delivery service and the date of the giving of the notice, statement or document, shall be the date of sending.

Withdrawal of appeal

16.  The appellant may withdraw his appeal at any time prior to a disposal by the Secretary of State, by giving notice of this in writing to the Secretary of State.

James Douglas-Hamilton

Minister of State, Scottish Office

St Andrew’s House,

Edinburgh

7th March 1997