40.—(1) This regulation applies where the member concerned requests a meeting in his written notice of appeal under regulation 39(3).
(2) The person determining the appeal shall determine whether the notice of appeal sets out arguable grounds of appeal and—
(a)if he determines that it does he shall hold an appeal meeting with the member concerned, subject to paragraphs (3) and (5), before the end of 5 working days beginning with the first working day after that determination; and
(b)if he determines that it does not, he shall dismiss the appeal.
(3) The person determining the appeal may extend the time period specified in paragraph (2)(a) where he considers that it would be in the interests of justice to do so.
(4) The person determining the appeal shall, if reasonably practicable, agree a date and time for the appeal meeting.
(5) Where no date and time is agreed under paragraph (4), the person determining the appeal shall specify a date and time for the appeal meeting.
(6) Written notice of the date, time and place of the appeal meeting shall be given to the member concerned.
(7) Prior to the appeal meeting the Chief Constable shall supply the person determining the appeal with a copy of—
(a)the documents given to the person who held the misconduct meeting as specified in regulation 29(1);
(b)the notice of appeal given by the member concerned under regulation 39(3);
(c)the record of the misconduct meeting taken under regulation 38(1); and
(d)any evidence of a kind referred to in regulation 39(2)(b) that the member concerned wishes to submit in support of his appeal.