Royal Ulster Constabulary (Unsatisfactory Performance) Regulations 2000

Part III Second Interview

Circumstances in which a second interview may be required

8.  Where the reporting officer is of the opinion that a member who was warned in terms of regulation 6(3) that he was required to improve his performance has, at the end of the period specified by the interviewing officer in terms of regulation 6(3), failed to make a sufficient improvement in his performance, he may, with the agreement of the countersigning officer, require the member concerned to attend a further interview (in these regulations referred to as a second interview) to discuss the member’s performance.

Arrangement of second interview

9.—(1) If the reporting officer with the agreement of the countersigning officer decides to require a member to attend a second interview, he shall—

(a) send a notice in writing to the member concerned—

(i) requiring him to attend, at a specified time and place, an interview with the countersigning officer and a personnel officer;

(ii) stating the reasons why the interview is required; and

(iii) informing him that he may be accompanied and represented at the interview by a member of a police force selected by him; and

(b) send a copy of the notice to the countersigning officer and to the personnel officer.

(2) In any case where it is not reasonably practicable for the countersigning officer to participate in the second interview, another member of the same or higher rank may so participate in his place.

Procedure at second interview

10.—(1) The following provisions of this regulation shall apply to the procedure to be followed at a second interview.

(2) Subject to regulation 9(2), the interview shall be conducted by the countersigning officer and the personnel officer.

(3) The countersigning officer shall—

(a) explain to the member concerned the reasons why the countersigning officer and the reporting officer are of the opinion that the member has failed to make a sufficient improvement in his performance; and

(b) provide him with a full opportunity of making representations in response.

(4) If, after considering any representations made by the member concerned, the countersigning officer is satisfied that the member’s performance has been unsatisfactory during the period specified by the interviewing officer in terms of regulation 6(3), he shall—

(a) inform the member concerned in what respect his performance as a member is considered unsatisfactory;

(b) warn him that he is required to improve his performance in any such respect;

(c) inform him of any specific action which he is required to take to achieve such an improvement; and

(d) warn him that if a sufficient improvement is not made within such period as the countersigning officer shall specify, he may be required to attend an unsatisfactory performance hearing at which the chairman will have the power, if appropriate, to require him to resign from the force or to order reduction in rank.

(5) The countersigning officer may adjourn the interview to a specified later time or date if it appears to him necessary or expedient to do so.

Procedure following second interview

11.—(1) The countersigning officer shall, not later than 7 days after the conclusion of the second interview—

(a) in consultation with the personnel officer, prepare a written record of the substance of the matters discussed during the interview; and

(b) send a copy of that record to the member concerned together with a notice in writing—

(i) if a warning was given in terms of regulation 10(4), confirming the terms of that warning; and

(ii) informing him that he may submit written comments not later than 7 days after the date on which the copy is sent.

(2) Subject to paragraph (3), the member concerned shall be entitled to submit written comments in relation to the record of the interview to the countersigning officer not later than 7 days after the date on which it was sent.

(3) The countersigning officer may, on the application of the member concerned, extend the period specified in paragraph (2) if he is satisfied that it is appropriate to do so.

(4) If the countersigning officer receives any written comments in terms of paragraph (2), he shall ensure that they are retained with the record of the interview.

(5) The countersigning officer shall send a copy of the record of the interview, and of any written comments of the member concerned, to the personnel officer and, if the interview was conducted by the countersigning officer or any other officer, the reporting officer.

Assessment of performance following second interview

12.—(1) Not later than 14 days after the date on which the period specified in regulation 10(4)(d) ends—

(a) the reporting officer and the countersigning officer shall assess the performance of the member concerned during that period; and

(b) either a member or a personnel officer authorised for the purpose shall inform the member concerned in writing whether the reporting officer and the countersigning officer are of the opinion that there has been a sufficient improvement in performance during that period.

(2) If the reporting officer and the countersigning officer are of the opinion that there has been an insufficient improvement, the member concerned shall also, within the period of 14 days mentioned in paragraph (1), be informed in writing that he will be required to attend, at a time (being not sooner than 21 days, but not later than 56 days, after the date on which the notification under this paragraph is sent) to be notified separately, an unsatisfactory performance hearing (hereafter in this Part referred to as “the hearing”) to consider his performance.