Police Service of Northern Ireland (Unsatisfactory Performance and Attendance) Regulations 2007

PART III SECOND INTERVIEW

Circumstances in which a second interview may be required

9.—(1) Where the reporting officer is of the opinion that a member who was warned in terms of regulation 7(3) that he was required to improve his performance and/or attendance has, at the end of the period specified by the interviewing officer in terms of regulation 7(3), failed to make sufficient improvement in his performance and/or attendance, he may refer the case to the countersigning officer.

(2) Where a case is referred under paragraph (1) the countersigning officer may, after consultation with the personnel officer, require the member to attend a further interview (in these regulations referred to as the second interview) to discuss the performance or attendance (or both) of the member concerned.

Arrangement at second interview

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

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

(i) requiring him to attend, at a specified time and place, an interview conducted under Part III of these regulations with the countersigning officer;

(ii) stating the reasons why his performance and/or attendance is considered unsatisfactory; and

(iii) informing him that he may be accompanied and represented at 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 participate in his place.

Procedure at second interview

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

(2) Subject to regulation 10(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 sufficient improvement in his performance and/or attendance; 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 and/or attendance has been unsatisfactory during the specified by the interviewing officer in terms of regulation 7(3), he shall—

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

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

12.—(1) The interviewing officer shall, not later than 7 days after the date of the conclusion of the first interview—

(a) in consultation with the personal 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 has been given in terms of regulation 11(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 received.

(2) In a case where a member has been required to attend a second interview to discuss his attendance and he has failed to attend the interview, the countersigning officer shall, if he is satisfied that the attendance of the member has been unsatisfactory during the period specified by the interviewing officer under regulation 7(3)(d), not later than 7 days after the date on which the second interview was due to take place—

(i) cause to be prepared a written notice informing and warning the member concerned of the matters mentioned in sub-paragraphs (a) to (d) of regulation 11(4); and

(ii) send one copy or, where a member of a police force selected by the member concerned attended the interview, two copies of the notice to the member concerned together with a notice in writing informing him that he may submit written comments, or indicate that he has no comments to make, not later than 7 days after the date on which the copy is received.

(3) Subject to paragraph (4), the member concerned shall be entitled to submit written comments in relation to the second interview to the countersigning officer not later than 7 days after the date on which it was received.

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

(5) If the countersigning officer receives any written comments in terms of paragraph (3), he shall ensure that they are retained with the record of the interview.

(6) The countersigning officer shall send a copy of the record of the interview, and 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.

(7) Where the member has been required to attend a second interview in relation to his performance, attendance or both of these categories of behaviour, any unsatisfactory performance/attendance hearing shall relate only to the category or categories of behaviour that was or were the subject of the second interview.

Assessment of performance following second interview

13.—(1) Not later than 14 days after the date on which the period specified in regulation 11(4)(d) ends—

(a) the reporting officer and the countersigning officer shall assess the performance and/or attendance 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 sufficient improvement in performance and/or attendance during that period.

(2) If the reporting officer and the countersigning officer are of the opinion that there has been 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 longer than 56 days, after the date on which the notification under this paragraph is set) to be notified separately, an unsatisfactory performance/attendance hearing (hereafter in this Part referred to as “the hearing”) to consider his performance and/or attendance.