PART 5Third stage

Circumstances in which a third stage meeting may be required without a prior first or second stage meeting32.

(1)

This regulation applies where the appropriate authority—

(a)

decides that the performance of a police officer constitutes gross incompetence;

(b)

has a duty under paragraph 23(5B) of Schedule 3 to the 2002 Act (duties of appropriate authority in relation to direction by Director General to bring disciplinary proceedings) to comply with a direction, following a determination under paragraph 23(5A)(b) of that Schedule (duties of Director General on receipt or completion of report on investigation)40 that a person’s performance is unsatisfactory and amounts to gross incompetence;

(c)

decides to accept a recommendation made under paragraph 25(4C)(c) of that Schedule (reviews with respect to an investigation)41 that misconduct proceedings of the form specified in the recommendation are brought;

(d)

decides to accept a recommendation made under paragraph 25(4E)(c) of that Schedule that misconduct proceedings of the form specified in the recommendation are brought;

(e)

decides to accept a recommendation made under paragraph 27(3A) of that Schedule (recommendation of Director General to appropriate authority)42 that a police officer’s performance is unsatisfactory and amounts to gross incompetence, or

(f)

has a duty under paragraph 27(4)(b) of that Schedule (duties with respect to disciplinary proceedings etc)43 to comply with a direction to give effect to a recommendation referred to in sub-paragraph (c) or (e).

(2)

The appropriate authority must inform the officer concerned in writing that the officer is required to attend a meeting to consider performance where this regulation applies.

(3)

Such meeting is referred to in these Regulations as a third stage meeting, notwithstanding that the officer concerned has not attended a first stage meeting or a second stage meeting in respect of such performance.