Part IIModifications
2. For regulations 12 and 13 there shall be substituted the following regulations:
“12. At any time before the beginning of the hearing the appropriate officer may direct that the case be returned to the supervising member or Ombudsman as appropriate.
13.—(l) The appropriate officer shall ensure that, as soon as practicable, the member concerned is invited to an interview with the appropriate officer at which he shall be given written notice of the decision to refer the case to a hearing and supplied with copies of—
(a)the certificate issued under regulation 11(3)(b)(i);
(b)any statement he may have made to the investigating officer; and
(c)any relevant statement, document or other material obtained during the course of the investigation.
(2) The notice given under paragraph (1) shall specify the conduct of the member concerned which it is alleged failed to meet the appropriate standard and the paragraph of the Code of Conduct in respect of which the appropriate standard is alleged not to have been met.
(3) In this regulation any reference to a copy of a statement shall, where it was not made in writing, be construed as a reference to a copy of an account thereof.
(4) Where the member concerned fails or is unable to attend the interview referred to in paragraph (1), the notice and copy document referred to in that paragraph shall be—
(a)delivered to the member concerned personally, or
(b)left with some person at, or sent by recorded delivery to, the address at which he is, with the approval of the chief constable, residing”
3. For regulations 15 and 16 there shall be substituted the following regulations:
“15. The appropriate officer shall fix a date for the hearing which shall be not less than 21 and not more than 28 days from the date on which notice is given under regulation 13 and shall ensure that the member concerned is forthwith notified of the time, date and place of the hearing.
16. The appropriate officer shall cause the member concerned to be given notice in writing, at the same time as he is given notice of the hearing under regulation 15, of the opportunity to elect to be legally represented at the hearing”.
4. In regulation 17 (procedure on receipt of notice)—
(a)in paragraph (1), for the words from “on which he is notified” to the end there shall be substituted the words:
“on which he receives the documents referred to in regulation l3—
(a)whether or not he accepts that his conduct did not meet the appropriate standard; and
(b)whether he wishes to be legally represented at the hearing”.
(b)sub-paragraph 1(c) and paragraphs (2) and (3) shall be omitted.
5. For regulation 18 there shall be substituted the following regulation:
“l8.—(l) Subject to paragraph (2), a case which is referred to a hearing under regulation 11(3)(b)(i) shall be heard by the Chief Constable.
(2) Where the Chief Constable is an interested party, the case shall be heard by the chief officer of another force who has agreed to act in that capacity”.
6. Regulation 19 shall be omitted.
7. In regulation 20 (documents to be supplied to officers conducting the hearing), for “officers” there shall be substituted “officer” and for paragraphs (a) and (b) there shall be substituted the words “a copy of the notice given, and of any documents provided to the member concerned, under regulation 13”
8. In regulation 21 (representation), in paragraph (1) for “supervising” there shall be substituted “appropriate”.
9. For regulation 22 (conduct of hearing) there shall be substituted the following regulation—
“22. The officer conducting the hearing may adjourn if it appears to him to be necessary or expedient to do so; but
(a)shall not exercise the power to adjourn more than once; and
(b)shall not adjourn for longer than a period of one week or, on application by the member concerned, 4 weeks”.
10. In regulation 23 (procedures at hearing):
(a)for “officers” wherever occurring there shall be substituted “officer”; and
(b)in paragraph (1) there shall be substituted “his” for “their” and “procedure” for “procedures”.
11. In regulation 24 paragraph 3 for “presiding officer” there shall be substituted “officer conducting the hearing”
12. In regulation 25 (attendance of complainant at hearing)—
(a)in paragraph (2) for the words “paragraphs (3) and (5)” there shall be substituted “paragraph (5)” and the words “while witnesses are being examined, or cross-examined,” shall be omitted;
(b)paragraphs (3) and (4) and, in paragraph (5), the words “subject as aforesaid,” shall be omitted; and
(c)for the words “presiding officer” wherever they occur there shall be substituted “officer conducting the hearing”.
13. In regulation 26 (attendance of others at hearing)—
(a)in paragraph (1) reference to paragraph (3) of regulation 25 shall be removed;
(b)paragraph (3) shall be omitted and for “presiding officer” there shall be substituted “officer conducting the hearing”.
14. Regulation 27 shall be omitted.
15. In regulation 28 (evidence at hearing)—
(a)in paragraph (1), the words, “or whether any question should or should not be put to a witness”, shall be omitted;
(b)in paragraph (2), for “13(1)” there shall be substituted “13(1) or (4)”;
(c)for the words “presiding officer” wherever they occur there shall be substituted “officer conducting the hearing”; and
(d)at the end there shall be added the following paragraph:
“(3) No witnesses shall be called by either party to the case”.
16. In regulation 29 (remission of cases)—
(a)paragraphs (2)(b), (3) and (4) shall be omitted;
(b)for the words “presiding officer” wherever they occur there shall be substituted “officer conducting the hearing”; and
(c)at the end there shall be added the following paragraph:
“(6) The officer conducting the hearing may return the case to the supervising member or appropriate officer if either before or during the hearing, the officer conducting the hearing considers it appropriate to do so”.
17. In regulation 30 (record of hearing) for “presiding officer” there shall be substituted “officer conducting the hearing”.
18. In regulation 31(1) (sanctions) for “officers” there shall be substituted “officer”.
19. In regulation 32 (personal record to be considered before sanction imposed)—
(a)for “officers” there shall be substituted “officer”;
(b)in sub-paragraph (a) for the words from “may receive evidence” to the word “officers” there shall be substituted “may admit such documentary evidence as would in the opinion of the officer”; and
(c)in sub-paragraph (b) after the word “adduce” there shall be inserted “documentary”.
20. In regulation 33 (Finding) for “three working days” there shall be substituted “24 hours”.
21. In regulation 34 (request for a review)—
(a)in paragraph (1) for the words from “Chief Constable” to the end there shall be substituted “Chief Constable to refer the case to the chief officer of another force who has agreed to act in that capacity (“the reviewing officer”) to review the finding or the sanction imposed or both the finding and the sanction”; and
(b)in paragraph (2), the words appearing after Regulation 33 to the end shall be omitted.
22. In regulation 35 (conduct of the review), in paragraph (1) the words “Chief Constable” should be replaced by the words “reviewing officer”.
23. In regulation 36 (finding of the review)—
(a)in paragraph (1), for “three days” there shall be substituted “24 hours”;
(b)the words “Chief Constable” shall be replaced with the words “reviewing officer” where they occur;
(c)at the end there shall be added the following paragraph:
“(5) Where the reviewing officer considers that the officer conducting the hearing should have returned the case to the supervising member or appropriate officer under regulation 29(6), he shall so return the case and the case shall thereafter be deemed to have been returned under that paragraph”.
24. Regulation 37 shall be omitted.