Appointment and composition of police appeals tribunal5

1

The composition of the tribunal differs according to—

a

whether the appellant was a senior officer immediately before the original hearing; and

b

whether the appellant was a member of the force serving in England and Wales, Scotland or Northern Ireland at the time the relevant conduct occurred or began.

2

If the appellant was a senior officer immediately before the original hearing, the tribunal is to consist of three members appointed by the head of HR, of whom—

a

if the appellant was serving in England and Wales or in Northern Ireland —

i

one shall be a person chosen from a list of persons who satisfy the judicial-appointment eligibility condition within the meaning of section 50 of the Tribunals, Courts and Enforcement Act 200710 on a 5-year basis and who have been nominated by the Lord Chancellor for the purposes of this regulation;

ii

one shall be HMCIC or an inspector of constabulary nominated by HMCIC; and

iii

one shall be the chair of the Ministry of Defence Police Committee or another member of that Committee nominated by that chair;

b

if the appellant was serving in Scotland—

i

one shall be a person chosen from a list of persons who have been nominated by the Lord President of the Court of Session for the purposes of Schedule 3 to the 1967 Act;

ii

one shall be the chair of the Ministry of Defence Police Committee or another member of that Committee nominated by that chair; and

iii

one shall be a person who is (or has within the previous five years been) an inspector of constabulary for the purposes of section 33 of the 1967 Act.

3

The member of the tribunal within paragraph (2)(a)(i) or (b)(i) shall be the chair.

4

If the appellant was a police officer (other than a senior officer) immediately before the original hearing, the tribunal is to consist of four members appointed by the head of HR, of whom—

a

if the appellant was serving in England and Wales or in Northern Ireland—

i

one shall be a person chosen from the list referred to in paragraph (2)(a)(i);

ii

one shall be a senior officer;

iii

one shall be a member of the Ministry of Defence Police Committee; and

iv

one shall be a retired member of the force or an alternative police force who, at the time of the retirement, was a member of an appropriate staff association;

b

if the appellant was serving in Scotland—

i

one shall be a person chosen from the list referred to in paragraph (2)(b)(i);

ii

one shall be a member of the Ministry of Defence Police Committee;

iii

one shall be a person chosen from a list maintained by the Secretary of State for the purposes of paragraph 2(1)(c) of Schedule 3 to the 1967 Act of persons who are (or have within the last five years been) chief constables, other than a person who is (or has at any time been) chief constable of the force; and

iv

one shall be a retired member of the force or an alternative police force who, at the time of the retirement, was of an appropriate rank.

5

The member of the tribunal within paragraph (4)(a)(i) or (b)(i) shall be the chair.

6

For the purposes of this regulation “appropriate staff association” means—

a

the Defence Police Federation, where the panel member was, at the time of the retirement, a member of the force other than a senior officer;

b

the Police Superintendents’ Association of England and Wales, where the panel member was, at the time of the retirement, a member of a police force maintained under section 2 of the 1996 Act of the rank of chief superintendent or superintendent; or

c

the Police Federation of England and Wales, where the panel member was, at the time of the retirement, a member of a police force maintained under section 2 of the 1996 Act below the rank of superintendent; or

d

the Police Federation for Northern Ireland, where the panel member was, at the time of the retirement a member of the Police Service for Northern Ireland..

7

For the purposes of this regulation “appropriate rank” means—

a

where the appellant was, immediately before the original hearing, of the rank of chief superintendent or superintendent, the same rank (as the case may be); or

b

in any other case, the rank of chief inspector or below.

8

If at any time that is relevant for the purposes of this regulation, the appellant was serving outside the United Kingdom on detached duty from a station in the United Kingdom, the appellant is to be treated for those purposes as if serving at that station at that time.