The Police Service of Scotland (Performance) Regulations 2013

Appeal procedure

21.—(1) Where the chief constable considers it necessary for the purpose of determining the appeal, the chief constable may fix an appeal hearing for the purpose of affording the opportunity of making oral representations to—

(a) the appellant; and

(b) the chairing constable.

(2) Where the chief constable fixes an appeal hearing, the chief constable must give reasonable notice of the date, time and place at which that hearing is to take place.

(3) The chief constable may appoint to assist the chief constable at the appeal meeting—

(a) up to two other constables as assessors; and

(b) an advocate or a solicitor as a legal assessor.

(4) At an appeal hearing—

(a) each of the appellant and the chairing constable may be represented by—

(i) another constable;

(ii) an advocate; or

(iii) a solicitor; and

(b) the chief constable (or any individual representing the chief constable) may put questions to the appellant and the chairing constable (or to any individual representing them).

(5) The chief constable may, where it appears necessary or expedient to the chief constable to do so, adjourn the appeal hearing and request the chairing constable to—

(a) provide further information relating to any matter arising from the chief constable’s consideration of the papers; or

(b) hold a further hearing in relation to those matters.

(6) Where the chief constable requests the chairing constable to hold a further hearing under paragraph (5)(b), the provisions of regulation 14 (except paragraph (d)), 15 (except paragraphs (1), (2) and (4)) and 16(1) and (2) apply to the hearing as they apply to an inefficiency hearing.

(7) The chief constable must not have regard to any information obtained by virtue of paragraph (5) unless—

(a) that information was available to the constable at the time of the inefficiency hearing; or

(b) the constable has been given an opportunity to make representations in relation to that information.