The Police Appeals Tribunals Rules 2012

Interpretation

3.—(1) In these Rules—

“the 2002 Act” means the Police Reform Act 2002(1);

“appellant” means a police officer who has given a notice of appeal in accordance with rule 6 or 7;

“chair” for the purposes of rules 6 to 11 means a chairman appointed under Schedule 6 to the 1996 Act(2); and for the purposes of rules 12 to 22 means the chairman of the tribunal;

“Conduct Regulations” means the Police (Conduct) Regulations 2012(3);

“IPCC” means the Independent Police Complaints Commission;

“original hearing” means—

(a)

the misconduct meeting, misconduct hearing or special case hearing under the Conduct Regulations; or

(b)

the third stage meeting under the Performance Regulations,

at or following which the relevant decision was made;

“panel” includes a person who conducted a special case hearing under the Conduct Regulations;

“Performance Regulations” means the Police (Performance) Regulations 2012(4);

“relevant decision” means the finding, disciplinary action or outcome which may be appealed or is being appealed to a tribunal in accordance with rule 4 or 5, and related expressions shall be construed accordingly;

“relevant local policing body” means the body which maintains—

(a)

the police force of which a police officer who wishes to appeal to a tribunal, or the appellant, is a member, or

(b)

the police force for the police area for which a police officer who wishes to appeal to a tribunal, or the appellant, is appointed as a special constable,

as the case may be;

“relevant police force” means—

(a)

where the appellant is a member of a police force, the police force of which he is a member; and

(b)

where the appellant is a special constable, the police force maintained for the police area for which he is appointed;

“respondent” has the meaning given by rule 8;

“specified appeal” means an appeal where the relevant decision arose from a case where—

(a)

paragraph 18 or 19 of Schedule 3 to the 2002 Act applied;

(b)

paragraph 16 or 17 of Schedule 3 to the 2002 Act applied and the IPCC—

(i)

made a recommendation under paragraph 27(3) of that Schedule (duties with respect to disciplinary proceedings) which the appropriate authority accepted; or

(ii)

gave a direction to the appropriate authority under paragraph 27(4) of that Schedule.

“tribunal” for the purposes of rules 3 to 11, means a police appeals tribunal appointed under Schedule 6 to the 1996 Act; and for the purposes of rules 12 to 22, means, in relation to an appeal, the police appeals tribunal appointed under Schedule 6 to the 1996 Act to determine that appeal.

(2) In these Rules, any expression which is also used in the Conduct Regulations or the Performance Regulations shall, unless that expression is given a different meaning in paragraph (1), have the same meaning as in those Regulations.

(3) Where any written notice or document is to be given or supplied to the appellant under these Rules, it shall be—

(a) given to him in person; or

(b) left with some person at, or sent by recorded delivery to, his last known address.

(1)

2002 c. 30. Relevant amendments were made by paragraph 11 of Schedule 2, Schedule 11 and paragraphs 11 to 24 of Schedule 12 to the Serious Organised Crime and Police Act 2005, paragraph 89 of Schedule 1 to the Police and Justice Act 2006, paragraphs 3 to 19 of Schedule 23 and Part 8 of Schedule 28 to the Criminal Justice and Immigration Act 2008 and paragraphs 5 and 8 to 22 of Schedule 14 and 300 to 302 of Schedule 16 to the Police Reform and Social Responsibility Act 2011.

(2)

Schedule 6 was amended by section 125 of the Criminal Justice and Police Act 2001 (c. 16), paragraph 19 of Schedule 2 to the Police and Justice Act 2006, paragraph 27 of Schedule 10 to the Tribunals, Courts and Enforcement Act 2007, paragraph 11 of Schedule 22 to the Criminal Justice and Immigration Act 2008 and paragraph 47 of Schedule 16 to the Police Reform and Social Responsibility Act 2011 (c. 13).

(3)

S.I. 2012/2632.

(4)

S.I. 2012/2631.