The Police (Performance) Regulations 2020

Circumstances in which a third stage meeting may be required without a prior first or second stage meeting E+W

32.—(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)(1) 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)(2) 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)(3) 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)(4) 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.

Commencement Information

I1 Reg. 32 in force at 1.2.2020, see reg. 1

(1)

Paragraph 23(5A) and (5B) was inserted by paragraphs 9 and 26 of Schedule 5 to the Policing and Crime Act 2017 (“the 2017 Act”) and paragraph 23(5A) was amended by paragraphs 15 and 56 of Schedule 9 to that Act.

(2)

Paragraph 25(4A) to (4J) was inserted by paragraphs 29 and 34(1) and (5) of Schedule 5 to the 2017 Act and amended by paragraphs 15 and 56 of Schedule 9 to that Act.

(3)

Paragraph 27(3A) was inserted by section 138(2) and (4) of the Anti-social Behaviour, Crime and Policing Act 2014 (“the 2014 Act”) and amended by paragraph 56(2) of Schedule 9 to the 2017 Act.

(4)

Paragraph 27(4) was amended by paragraphs 15 and 56 of Schedule 9 to the 2017 Act.