The Police Service of Scotland (Performance) Regulations 2013

Determination of appeal

22.—(1) The chief constable must determine the appeal on the basis of—

(a) the written record of the chairing constable’s determination made in pursuance of regulation 17(3) and any papers referred to in that determination;

(b) in the case of an appeal under regulation 20(2)—

(i) the report prepared under regulation 19(2)(b);

(ii) any comments on that report submitted by the constable (or any person representing the constable); and

(iii) the written record of the chairing constable’s determination made in pursuance of regulation 19(4);

(c) the notice of appeal;

(d) any representations made by the constable at the appeal hearing; and

(e) any further information obtained following an adjournment of that hearing under regulation 21(5).

(2) The chief constable must—

(a) where it is reasonably practicable to do so, determine the appeal not later than—

(i) where no appeal hearing has been arranged, 7 days after the date on which the chief constable receives the notice of appeal; or

(ii) where an appeal hearing has been held, 7 days after the date of that hearing; or

(b) where it is not reasonably practicable to determine the appeal in accordance with sub‑paragraph (a), determine the appeal not later than—

(i) 28 days after the date on which the notice of appeal was sent; or

(ii) where the chairing constable has held a further hearing in pursuance of regulation 21(5), 7 days after the completion of that hearing.

(3) In determining an appeal under regulation 20(1), the chief constable may—

(a) if the appeal was made under sub-paragraph (a)—

(i) reverse the chairing constable’s determination that the constable’s performance has been unsatisfactory; or

(ii) vary the disposal;

(b) if the appeal was made under sub-paragraph (b), vary the disposal; or

(c) in either case, dismiss the appeal.

(4) Any variation by the chief constable of a disposal ordered by the chairing constable must not have the effect of ordering a disposal which is more severe than that ordered by the chairing constable.

(5) In determining an appeal under regulation 20(2), the chief constable must—

(a) confirm or quash the requirement to resign; and

(b) where the requirement to resign is quashed, substitute a disposal mentioned in regulation 18(1)(b) or (c).

(6) The chief constable’s determination is to be recorded in a notice—

(a) specifying the terms of the chief constable’s determination, including any variation of a disposal ordered by the chairing constable;

(b) giving reasons for that determination; and

(c) signed and dated by the chief constable.

(7) The chief constable must send a copy of the notice mentioned in paragraph (6) to—

(a) the appellant;

(b) the appellant’s representative (if any); and

(c) the chairing constable.