The Ministry of Defence Police (Conduct, Performance and Appeals Tribunals) Regulations 2020

Procedure at first stage appeal meetingU.K.

This section has no associated Explanatory Memorandum

20.—(1) This regulation applies to the procedure to be followed at a first stage appeal meeting.

(2) The meeting must be conducted by the second line manager.

(3) A human resources professional or an MDP officer may attend the meeting to advise the second line manager on the proceedings.

(4) Any other person specified in the notice referred to in regulation 19(1) may attend the meeting if the officer concerned consents.

(5) The second line manager must—

(a)provide the officer concerned with an opportunity to make representations, and

(b)provide the police friend (if the officer has one) with an opportunity to address the meeting in accordance with regulation 7(3)(a).

(6) After considering such representations (if any) and address (if any), the second line manager may—

(a)confirm or reverse the finding of unsatisfactory performance or attendance,

(b)confirm or vary any of the relevant terms of the written improvement notice appealed against.

(7) Where the second line manager reverses the finding of unsatisfactory performance or attendance, the second line manager must also revoke the written improvement notice.

(8) The second line manager may postpone or adjourn the meeting to a specified time, or date and time, if it appears to the second line manager necessary or expedient to do so.

(9) As soon as reasonably practicable after the conclusion of the meeting and in any event before the end of 3 working days beginning with the first working day after the conclusion of the meeting, the officer concerned must be given a written notice of the second line manager’s decision and a written summary of the reasons for that decision.

(10) Where the second line manager has—

(a)reversed the finding of unsatisfactory performance or attendance and revoked the written improvement notice, or

(b)varied any of the relevant terms of the written improvement notice,

the decision of the second line manager takes effect by way of substitution for the finding, the written improvement notice issued or the relevant terms of the written improvement notice appealed against immediately after the first stage meeting.

Commencement Information

I1Sch. 4 para. 20 in force at 2.11.2020, see reg. 1