The Ministry of Defence Police Appeal Tribunals Regulations 2004

Procedure on notice of appeal

7.—(1) As soon as practicable after receiving a copy of the notice of appeal, the respondent must provide the Head of Civilian Management with—

(a) a copy of the report of the person who made the decision appealed against,

(b) the transcript of the proceedings at the original hearing, and

(c) any documents which were made available to the person conducting the original hearing.

(2) A copy of the transcript mentioned in paragraph (1)(b) must at the same time be sent to the appellant.

(3) Subject to regulation 8, the appellant must, within 28 days of the date on which he receives a copy of the transcript mentioned in paragraph (1)(b), submit to the Head of Civilian Management—

(a) a statement of the grounds of appeal,

(b) any supporting documents, and

(c) either—

(i) any written representations which the appellant wishes to make under regulation 9 or any request to make oral representations under that regulation, or

(ii) a statement that he does not wish to make any such representations as are mentioned in paragraph (i).

(4) But in a case where the appellant submits a statement under paragraph (3)(c)(ii), nothing in paragraph (3) prevents representations under regulation 9 being made by him to the chairman of the tribunal.

(5) The documents submitted to the Head of Civilian Management under paragraph (3) must, as soon as practicable, be copied to the members of the tribunal and to the respondent.

(6) Not later than 21 days from the date on which the respondent receives the copy documents sent to him under paragraph (5), he must submit to the Head of Civilian Management—

(a) a statement of his response to the appeal,

(b) any supporting documents, and

(c) either—

(i) any written representations which the respondent wishes to make under regulation 9 or, as the case may be, any request to make oral representations under that regulation, or

(ii) a statement that he does not wish to make any such representations as are mentioned in paragraph (i), and

(d) the names and addresses of any witnesses he proposes to call to give evidence at the hearing and whose attendance he wishes the Head of Civilian Management to take steps to secure if a hearing of the appeal is to be held.

(7) But in a case where the respondent submits a statement under paragraph (6)(c)(ii), nothing in paragraph (6) prevents representations under regulation 9 being made by him to the chairman of the tribunal.

(8) At the same time as the respondent submits the documents referred to in paragraph (6), he must send a copy of the documents referred to in paragraph (6)(a) and (c) to the appellant, together with a list of the documents referred to in paragraph (6)(b) (if any).

(9) The documents submitted to the Head of Civilian Management under paragraph (6) must be copied to the members of the tribunal as soon as practicable.

(10) So far as applicable, regulations 10, 13 and 14 apply in relation to the hearing of any oral representations under regulation 9 as they apply in relation to the hearing of an appeal under regulation 3; and the appellant and the respondent are entitled to be represented at the hearing of such oral representations as if it were the hearing of such an appeal.