Police (Scotland) Act 1967 (repealed)

Sections 30, 48, 51.

SCHEDULE 3 S Disciplinary Appeals

Valid from 01/08/1996

[F1 Hearing S

Textual Amendments

F1 Sch. 3 substituted (1.8.1996) by 1994 c. 29, s. 55(2), Sch. 6; S.I. 1996/1646, art. 2, Sch. (with art. 3)

F2 6 (1) A police appeals tribunal may determine a case without a hearing but shall not decide to do so unless both the appellant and the respondent have been afforded an opportunity to make written or, if either so requests, oral representations and any such representations have been considered. S

(2) Where a hearing is held, the appellant shall have the right to be represented by a serving constable or by an advocate or a solicitor; and the respondent to be represented by a constable of the force maintained by, or an officer of, the relevant police authority or by an advocate or a solicitor.

Textual Amendments

F2 Sch. 3 substituted (1.8.1996) by 1994 c. 29, s. 55(2), Sch. 6; S.I. 1996/1646, art. 2, Sch. (with art. 3)

Valid from 01/08/1996

F3 Effect S

Textual Amendments

F3 Sch. 3 substituted (1.8.1996) by 1994 c. 29, s. 55(2), Sch. 6; S.I. 1996/1646, art. 2, Sch. (with art. 3)

F4 7 (1) Where an appeal is allowed, the order shall take effect by way of substitution for the decision appealed against, and as from the date of that decision or, where that decision was itself a decision on appeal, the date of the original decision appealed against. S

(2) Where the effect of the order made by the police appeals tribunal is to reinstate the appellant in the force, or in his rank he shall, for the purposes of reckoning service for pension and to such extent (if any) as may be determined by the order for the purposes of pay, be deemed to have served in the force or in that rank continuously from the date of the original decision to the date of his reinstatement.

(3) Where the effect of the order made by the police appeals tribunal is to reinstate the appellant in the force and he was suspended for a period immediately preceding the date of the original decision or any subsequent decision, the order shall deal with the suspension.

Textual Amendments

F4 Sch. 3 substituted (1.8.1996) by 1994 c. 29, s. 55(2), Sch. 6; S.I. 1996/1646, art. 2, Sch. (with art. 3)

Valid from 01/08/1996

F5 Tribunal remuneration and expenses S

Textual Amendments

F5 Sch. 3 substituted (1.8.1996) by 1994 c. 29, s. 55(2), Sch. 6; S.I. 1996/1646, art. 2, Sch. (with art. 3)

F6 8 S Members of a police appeals tribunal shall be—

(a) paid such remuneration; and

(b) reimbursed for such expenses,

as the Secretary of State may determine.

Textual Amendments

F6 Sch. 3 substituted (1.8.1996) by 1994 c. 29, s. 55(2), Sch. 6; S.I. 1996/1646, art. 2, Sch. (with art. 3)

Valid from 01/08/1996

F7 Expenses of proceedings S

Textual Amendments

F7 Sch. 3 substituted (1.8.1996) by 1994 c. 29, s. 55(2), Sch. 6; S.I. 1996/1646, art. 2, Sch. (with art. 3)

F8 9 (1) An appellant shall pay the whole of his own expenses unless the police appeals tribunal directs that the whole or any part of those expenses are to be paid by the relevant police authority. S

(2) Subject to sub-paragraph (1) of this paragraph, all the expenses of an appeal under section 30 of this Act, including the expenses of the respondent and any remuneration or expenses paid by virtue of paragraph 8 of this Schedule, shall be paid by the relevant police authority.

Textual Amendments

F8 Sch. 3 substituted (1.8.1996) by 1994 c. 29, s. 55(2), Sch. 6; S.I. 1996/1646, art. 2, Sch. (with art. 3)

Valid from 01/08/1996

F9 Interpretation S

Textual Amendments

F9 Sch. 3 substituted (1.8.1996) by 1994 c. 29, s. 55(2), Sch. 6; S.I. 1996/1646, art. 2, Sch. (with art. 3)

F10 10 S In this Schedule—

(a) “senior officer” means a constable holding a rank above that of superintendent;

(b) “relevant police authority” means the police authority for the area for which the police force of which the appellant is a constable is maintained; and

(c) “retired constable of appropriate rank” means—

(i) where the appellant was, immediately before the proceedings, of the rank of superintendent, a retired constable who at the time of his retirement was of that rank, and

(ii) in any other case a retired constable who at the time of his retirement was of the rank of chief inspector or below.]

Textual Amendments

F10 Sch. 3 substituted (1.8.1996) by 1994 c. 29, s. 55(2), Sch. 6; S.I. 1996/1646, art. 2, Sch. (with art. 3)

Notice of Appeal S

1 Any appeal under section 30 of this Act (in this Schedule referred to as “the principal section”) shall be instituted by giving a notice of appeal in the prescribed manner and within the prescribed time.

Respondent S

2 On any appeal under the principal section, the appropriate disciplinary authority for the police force shall be made the respondent.

Inquiries S

3 (1) The Secretary of State shall, unless it appears to him that the case is of such a nature that it can properly be determined without taking evidence, request the [F11 sheriff principal] to hold an inquiry and report to him.

(2) The [F11 sheriff principal], in holding an inquiry under this paragraph, may require any person to attend as a witness and give evidence, or to produce any documents in his possession or power which relate to any matter in question at the inquiry and are such as would be subject to production in a court of law; and if any person fails without reasonable excuse to comply with the provisions of any such requirement he shall be liable on summary conviction to a fine not exceeding [F12 level 1 on the standard scale].

(3) The [F11 sheriff principal], in the exercise of the functions conferred on him by this paragraph, shall have the like power as regards the administration of oaths as if he were acting in the exercise of his civil jurisdiction.

(4) The Secretary of State shall, before determining an appeal under the principal section, consider any report made to him under this paragraph, as well as the notice of appeal and any other documents submitted to him by the appellant and the respondent in accordance with rules under this Schedule.

(5) The Secretary of State may, before determining an appeal under the principal section, remit the case for further investigation by the [F11 sheriff principal] when an inquiry has been held, or in any case, if he thinks fit, for further consideration by the disciplinary authority.

(6) In this paragraph “ [F11 sheriff principal]” does not include a [F11 sheriff].

Textual Amendments

F11 Words substituted by virtue of Sheriff Courts (Scotland) Act 1971 (c. 58), s. 4

F12 Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289C, 289G

Notice and effect of determinations S

4 (1) A determination on an appeal made by the Secretary of State under the principal section shall, as soon as practicable, be sent to the appellant and the respondent together with, if an inquiry was held, a copy of the report of the [F13 sheriff principal] holding the inquiry, and the determination shall be final and binding upon all parties.

(2) Where an appeal is allowed, or the punishment is varied, by the Secretary of State, the determination shall take effect by way of substitution for the decision appealed from, and as from the date of that decision; and where the effect of the determination is to reinstate the appellant in the force or in his rank, he shall, for the purpose of reckoning service for pension, and, to such extent (if any) as may be determined by the determination, for the purpose of pay, be deemed to have served in the force or in that rank, as the case may be, continuously from the date of the decision to the date of reinstatement, and if he was suspended for a period immediately preceding the date of the decision, the determination shall deal with the suspension.

Textual Amendments

F13 Words substituted by virtue of Sheriff Courts (Scotland) Act 1971 (c. 58), s. 4

Rules S

5 The Secretary of State may make rules as to the procedure on appeals and at inquiries under this Schedule and in particular, but without prejudice to the generality of this provision, shall make rules—

(a) prescribing the form and contents of the notice of appeal and the documents to be submitted by the appellant and the time within which such documents are to be submitted;

(b) prescribing the documents to be submitted and the time within which they are to be submitted by the respondent:

Provided that the rules shall provide for giving to the appellant the right to be represented at an inquiry by a constable or by counsel or a solicitor, and for giving to the respondent the right to be represented by a constable of the police force or by the clerk or other officer of the police authority or by counsel or a solicitor.