Police (Unsatisfactory Performance and Attendance) Regulations (Northern Ireland) 2010

EXPLANATORY NOTE

(This note is not part of the Regulations)

These regulations make provision with respect to the assessment of performance or attendance of members of the Police Service of Northern Ireland and the Police Service of Northern Ireland Reserve and establish procedures for cases in which a member’s performance or attendance is unsatisfactory and may be dealt with by way of a requirement to resign, reduction in rank or a warning. Parts 2 and 3 make provision for interviewing members where it is considered that their performance or attendance is unsatisfactory and identifying areas of the performance or attendance which require improvement. Part 4 makes provision for the holding of a hearing (called an unsatisfactory performance or attendance hearing) where it is considered that the member’s performance or attendance has not improved. If the chairman of the hearing finds that the member’s performance or attendance has been unsatisfactory he may require the member to resign, order a reduction in rank or issue a warning. Part 5 makes provision for a review by the Chief Constable.

Regulation 2 contains transitional provisions. Regulations 5 to 8 make provision with respect to the first stage, in dealing with a member whose performance is considered unsatisfactory. The member concerned may be required to attend a first interview with the reporting or countersigning officer. The purpose is to explain why his performance is considered unsatisfactory and to allow the member concerned to make representations. The interviewing officer may, if he considers it appropriate, warn the member concerned that his performance or attendance must improve within a specified period and require specific action to be taken. A formal record must be made.

Regulations 9 to 13 make provision with respect to a second interview where the performance of the member concerned has not improved sufficiently. The interview is held by the countersigning officer and the human resources manager. Regulation 11 sets out the procedure. If, after considering representations by the member concerned, it is considered that the member’s performance has continued to be unsatisfactory, similar steps may be taken to those following the first interview.

Regulations 14 to 20 make provision with respect to unsatisfactory performance or attendance hearings. The member concerned will be required to attend a hearing if the reporting officer and the countersigning officer are of the opinion that there has been insufficient improvement in his performance or attendance since the second interview.

Regulation 14 provides for the arrangement of a hearing and regulation 15 specifies the procedure to be followed. A chairman must be appointed who must be of the rank of assistant chief constable.

The member concerned (who may be represented by counsel or a solicitor or by another member) must be given the opportunity to make representations. Regulation 16 enables the chairman to adjourn the hearing. This may be done where the member concerned fails to attend. The chairman may also adjourn the hearing for up to 3 months to allow a further period of assessment by the reporting officer and the countersigning officer of his performance. In such circumstances, these officers must prepare a report which will be considered by the chairman together with any further representations by the member concerned.

Regulation 17 requires the chairman to decide whether the performance or attendance of the member concerned is satisfactory or not and to notify his decision. Where he finds that the performance or attendance has been unsatisfactory, the chairman must make a disposal under regulation 18. This may take the form of a requirement to resign, reduction in rank or a warning.

Regulation 19 makes provision for a further assessment of the performance of the member concerned if he was given a warning under regulation 18(1)(b) or (c). A report on the member’s performance is submitted to the chairman. Following consideration of any written comments by the member concerned, the chairman must consider if there has been sufficient improvement. If there has not, the chairman must require the member to resign.

Regulation 20 makes provision for further assessment of attendance following a hearing.

Regulation 21 makes provision for the member concerned, where a disposal has been made to request a Chief Constable’s review and the time limits within which to do it.

Regulation 22 provides for the Chief Constable to hold a meeting with the member concerned including legal representation if applicable, while regulation 23 provides for the disposal to be confirmed or varied.

Regulation 24 provides for the hearing of a review in the absence of the Chief Constable.