The Police Appeals Tribunals (Scotland) Rules 2013

Notice of appeal

5.—(1) An appeal which may be made under section 56 of the 2012 Act to a police appeals tribunal must be made by written notice sent by the appellant to the Registrar.

(2) The notice of appeal must state—

(a) the name and address of the appellant;

(b) that the notice is a notice of appeal;

(c) the date and any reference number of the disputed decision and the name and address of the respondent; and

(d) the name and address of the representative of the appellant, if any, and whether the tribunal should send replies or notices concerning the appeal to the representative instead of the appellant.

(3) The appellant must attach to the notice of appeal—

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

(b) a copy of the disputed decision including, in the case of an appellant who is not a senior officer, the decision of the chairing constable of the misconduct hearing held in terms of the Conduct Regulations or, as the case may be, the decision of the chairing constable of the inefficiency hearing held in terms of the Performance Regulations; and

(c) any documentary evidence upon which the appellant intends to rely for the purposes of the appeal.

(4) The appellant or the appellant’s representative must sign the notice of appeal.

(5) The appellant must send the notice of appeal, together with the statement and documents referred to in paragraph (3), to the Registrar not later than 28 days after the date on which the disputed decision against which the appeal is made was given to or served upon the appellant.

(6) Where the appellant considers that the appellant cannot provide with the notice of appeal any document required by paragraph (3), the appellant may include in the notice of appeal a request for an extension of the time limit for the submission of any such document which sets out the reasons why an extension is requested.

(7) At the same time as the appellant complies with paragraph (5), the appellant must send a copy of the notice of appeal and of the statement and other documents referred to in paragraph (3) to the respondent.

(8) Following receipt of the notice of appeal and accompanying documents, the Registrar must—

(a) send an acknowledgement of the receipt to the appellant;

(b) enter particulars of the appeal in the Police Appeals Tribunal Register;

(c) send written notice to the appellant and the respondent of the reference number of the appeal and of the address to which any communication to the Registrar concerning the appeal should be sent; and

(d) provide each member of the tribunal with a copy of the notice of appeal and of any accompanying documents.

(9) Where the appellant’s notice of appeal includes a request as mentioned in paragraph (6), the chairing member of the tribunal must decide the matter as soon as reasonably practicable.