Police Act 1996

Police appeals tribunals E+W

1 (1) In the case of an appeal by a senior officer [F1 or a former senior officer], the police appeals tribunal shall consist of three members appointed by the [F2 relevant person], of whom— E+W

(a) one shall be a person chosen from a list of persons who [F3 satisfy the judicial-appointment eligibility condition on a 5-year basis] and have been nominated by the Lord Chancellor for the purposes of this Schedule,

[F4 (b) one shall be Her Majesty's Chief Inspector of Constabulary appointed under section 54(1) or one of Her Majesty's Inspectors of Constabulary nominated by the Chief Inspector, and

(c) one shall be the permanent secretary to the Home Office or a Home Office director nominated by the permanent secretary.]

(2) The member of the police appeals tribunal to whom sub-paragraph (1)(a) applies shall be the chairman.

Textual Amendments

F1 Words in Sch. 6 para. 1(1) inserted (22.2.2018) by The Policing and Crime Act 2017 (Consequential Amendments) Regulations 2018 (S.I. 2018/226), regs. 1, 8(2)(a)

F2 Words in Sch. 6 para. 1(1) substituted (31.1.2017 for specified purposes, 1.2.2020 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 31(2), 183(1)(5)(e); S.I. 2020/5, reg. 2(l) (with art. 3(3))

F3 Words in Sch. 6 para. 1(1)(a) substituted (21.7.2008) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 10 para. 27; S.I. 2008/1653, art. 2(d) (with arts. 3, 4)

F4 Sch. 6 para. 1(1)(b)(c) substituted (1.12.2008) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 22 para. 11(2); S.I. 2008/2993, art. 2(1)(h)(ii) (with art. 3)

2 [F5 (1) In the case of an appeal by [F6 a person to whom sub-paragraph (3) applies], the police appeals tribunal shall consist of [F7 three members] appointed by the [F8 relevant person], of whom— E+W

(a) one shall be a person chosen from the list referred to in paragraph 1(1)(a),

(b) one shall be a senior officer, [F9 and]

F10 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F11 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F12 (e) one shall be a lay person.]]

(2) The member of the police appeals tribunal to whom sub-paragraph (1)(a) applies shall be the chairman.

[F13 (3) The persons to whom this sub-paragraph applies are—

(a) a member of a police force (other than a senior officer),

(b) a former member of a police force (other than a former senior officer),

(c) a special constable, and

(d) a former special constable.]

Textual Amendments

F5 Sch. 6 para. 2(1) substituted (1.12.2008) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 22 para. 11(3); S.I. 2008/2993, art. 2(1)(h)(ii) (with art. 3)

F6 Words in Sch. 6 para. 2(1) substituted (22.2.2018) by The Policing and Crime Act 2017 (Consequential Amendments) Regulations 2018 (S.I. 2018/226), regs. 1, 8(2)(b)

F7 Words in Sch. 6 para. 2(1) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 47(2)(a); S.I. 2011/3019, art. 3, Sch. 1

F8 Words in Sch. 6 para. 2(1) substituted (31.1.2017 for specified purposes, 1.2.2020 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 31(3)(a), 183(1)(5)(e); S.I. 2020/5, reg. 2(l) (with art. 3(3))

F9 Word in Sch. 6 para. 2(1)(b) inserted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 47(2)(c); S.I. 2011/3019, art. 3, Sch. 1

F10 Sch. 6 para. 2(1)(c) omitted (16.1.2012) by virtue of Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 47(2)(d); S.I. 2011/3019, art. 3, Sch. 1

F11 Sch. 6 para. 2(1)(d) omitted (31.1.2017 for specified purposes, 1.2.2020 in so far as not already in force) by virtue of Policing and Crime Act 2017 (c. 3), ss. 31(3)(b), 183(1)(5)(e); S.I. 2020/5, reg. 2(l) (with art. 3(3))

F12 Sch. 6 para. 2(1)(e) inserted (31.1.2017 for specified purposes, 1.2.2020 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 31(3)(c), 183(1)(5)(e); S.I. 2020/5, reg. 2(l) (with art. 3(3))

F13 Sch. 6 para. 2(3) inserted (22.2.2018) by The Policing and Crime Act 2017 (Consequential Amendments) Regulations 2018 (S.I. 2018/226), regs. 1, 8(2)(c)

[F14 2A (1) For the purposes of paragraphs 1 and 2, “the relevant person” means the person determined in accordance with rules made by the Secretary of State. E+W

(2) Rules under sub-paragraph (1) may make—

(a) different provision for different cases and circumstances;

(b) provision for the relevant person to be able to delegate the power to appoint the members of a tribunal.

(3) A statutory instrument containing rules under sub-paragraph (1) is subject to annulment in pursuance of a resolution of either House of Parliament.]

Textual Amendments

F14 Sch. 6 para. 2A inserted (31.1.2017 for specified purposes, 1.2.2020 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 31(4), 183(1)(5)(e); S.I. 2020/5, reg. 2(l) (with art. 3(3))