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

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Procedure at hearing

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15.—(1) Subject to paragraph (2)(a) the hearing shall be conducted by a member appointed for the purpose by the deputy chief constable and who is referred to in these regulations as the chairman of the hearing.

(2) The chairman shall be—

(a)a member or, if, at the request of the deputy chief constable, the chief officer of a police force in Great Britain (within the meaning of the Police Act 1996(1) or the Police (Scotland) Act 1967(2), as the case may be) agrees to provide a chairman, a member of that other force;

(b)of the rank of assistant chief constable; and

(c)a person who has neither attended nor otherwise been involved with the first interview or the second interview held in relation to the member concerned.

(3) The chairman may be assisted by up to two members who are of at least the rank of superintendent who shall act as assessors.

(4) As soon as the deputy chief constable has appointed the chairman, he shall arrange for a copy of any document—

(a)which was available to the interviewing officer in relation to the first interview;

(b)which was available to the countersigning officer in relation to the second interview; and

(c)which was prepared or submitted under regulation 12, 13 or 14, to be made available to the chairman and assessors at the hearing.

(5) Subject to the provisions of this regulation, the procedure at the hearing shall be such as the chairman may determine.

(6) The hearing shall be held in private.

(7) The chairman shall afford the member concerned a full opportunity of making representations in relation to the matters referred to in the notice sent under regulation 14.

(8) A verbatim record of the proceedings at the hearing shall be taken.

(9) The chairman shall prepare a written note summarising the proceedings at the hearing.

(10) Subject to regulation 16(1), if the member concerned does not attend the hearing or any adjournment thereof, the hearing may be proceeded with and concluded in his absence if it appears to the chairman just and proper to do so.

(11) Where, owing to the absence of the member concerned, it is not possible to comply with the whole or any part of the procedure described in this regulation or regulation 16, the case may be proceeded with as if that procedure had been complied with.

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