SCHEDULES

SCHEDULE 22Police misconduct and performance procedures

Part 1Amendments of Police Act 1996

Police Appeals Tribunals

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1

Schedule 6 (appeals to police appeals tribunals) is amended as follows.

2

In paragraph 1(1) (appeals by senior officers) for paragraphs (b) and (c) substitute—

b

one shall be Her Majesty's Chief Inspector of Constabulary appointed under section 54(1) or one of Her Majesty's Inspectors of Constabulary nominated by the Chief Inspector, and

c

one shall be the permanent secretary to the Home Office or a Home Office director nominated by the permanent secretary.

3

In paragraph 2 (appeals by other members of police forces) for sub-paragraph (1) substitute—

1

In the case of an appeal by a member of a police force (other than a senior officer) or a special constable, the police appeals tribunal shall consist of four members appointed by the relevant police authority, of whom—

a

one shall be a person chosen from the list referred to in paragraph 1(1)(a),

b

one shall be a senior officer,

c

one shall be a member of the relevant police authority, and

d

one shall be a retired member of a police force who, at the time of his retirement, was a member of an appropriate staff association.

4

Omit paragraph 6 (hearings).

5

In paragraph 7 (effect of orders) for sub-paragraph (1) substitute—

1

Where on the determination of an appeal the tribunal makes such an order as is mentioned in section 85(2), the order shall take effect—

a

by way of substitution for the decision appealed against, and

b

as from the date of that decision.

6

In paragraph 10 (interpretation)—

a

for sub-paragraph (b) substitute—

b

“the relevant police authority” means the police authority which maintains—

i

the police force of which the appellant is a member, or

ii

the police force for the area for which the appellant is appointed as a special constable,

as the case may be.

F1b

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