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40.—(1) This regulation applies where a final written improvement notice has been issued or extended under regulation 38.
(2) Where this regulation applies, as soon as reasonably practicable after the reasonable period specified by the panel under regulation 38(6)(c) or (7)(a) ends—
(a)the panel must assess the performance or attendance of the officer concerned (as the case may be) during that period; and
(b)the panel chair must notify the officer concerned in writing whether the panel considers that there has been a sufficient improvement in performance or attendance during that period.
(3) If the panel considers that there has not been a sufficient improvement, the panel chair must, at the same time as he gives notification under paragraph (2)(b), also notify the officer concerned in writing that the officer is required to attend another third stage meeting to consider their performance or attendance.
(4) Where the officer concerned—
(a)has not been required to attend a third stage meeting under paragraph (3), or
(b)has been required to attend a third stage meeting under paragraph (3) but the panel did not make a finding of unsatisfactory performance or attendance at that meeting,
the officer concerned may be required to attend a third stage meeting under paragraph (5).
(5) If the panel considers that the officer concerned has failed to maintain a sufficient improvement in their performance or attendance during any part of the validity period of the final written improvement notice remaining after the expiry of the period specified in accordance with regulation 38(6)(c) or (7)(a), the panel chair must notify the officer concerned in writing of the matters set out in paragraph (6).
(6) Those matters are—
(a)that the panel is of the view mentioned in paragraph (5); and
(b)that the officer concerned is required to attend another third stage meeting to consider their performance or attendance.
(7) In a case falling within paragraph (3) or (5), the appropriate authority must give the officer concerned the notice referred to in regulation 27.
(8) Where the officer concerned is required to attend a third stage meeting under this regulation, these Regulations have effect as if the case fell within regulation 26(2) or (4) as the case may be and—
(a)references to the period specified in accordance with regulation 21(6)(c) are to be construed as references to the period specified under regulation 38(6)(c) or (7)(a), as the case may be; and
(b)references to the validity period of the final written improvement notice are to be construed as references to the period mentioned in regulation 38(6)(d) or (7)(c), as the case may be.
(9) Any third stage meeting which a police officer is required to attend under this regulation must concern unsatisfactory performance or attendance which is similar to or connected with the unsatisfactory performance or attendance referred to in the final written improvement notice issued or extended under regulation 38.
(10) References in this regulation to the panel are references to the panel that conducted the initial third stage meeting, subject to paragraph (11).
(11) Where any of the panel members are not able to continue to act as such, the appropriate authority must remove that member from the panel and appoint a new member to the panel.
(12) If the appropriate authority appoints a new panel member under paragraph (11), it must ensure that the requirements for the composition of the panel in regulation 30 continue to be met.
(13) As soon as reasonably practicable after any such appointment, the appropriate authority must notify the officer concerned in writing of the name of the new panel member.
(14) The officer concerned may object to the appointment of a panel member appointed under paragraph (11).
(15) Any such objection must be made in accordance with regulation 31(2), and references in that regulation to a notification is to be construed as a reference to the notification referred to in paragraph (13) of this regulation.
(16) Where an objection is made in accordance with regulation 31(2), the appropriate authority must comply with regulation 31(3) to (6) in relation to the objection but paragraph (7) of that regulation does not apply.
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