Finding
38.—(1) Following the third stage meeting, the panel shall make a finding whether—
(a)in a case falling within regulation 26(2), the performance or attendance of the member concerned during the period specified in accordance with regulation 21(6)(c) has been satisfactory or not;
(b)in a case falling within regulation 26(4), the performance or attendance of the member concerned during any part of the validity period of the final written improvement notice remaining after the expiry of the period specified in accordance with regulation 21(6)(c) has been satisfactory or not; or
(c)in a case falling within regulation 28, the performance of the member concerned constitutes gross incompetence, unsatisfactory performance or neither.
(2) The panel shall prepare (or shall cause to be prepared) their decision in writing which shall state the finding and their reasons, as well as any outcome which they order under regulation 39.
(3) As soon as reasonably practicable after the conclusion of the meeting, the panel chair shall give a written copy of the decision to—
(a)the member concerned; and
(b)the line manager,
but in any event, the member concerned shall be given written notice of the finding before the end of 3 working days beginning with the first working day after the conclusion of the meeting.
(4) Where the panel have made a finding of unsatisfactory performance or attendance or gross incompetence, the copy of the decision given to the member concerned shall be accompanied by a notice in writing setting out the circumstances in which and the timeframe within which a member may submit a notice of appeal to a police appeals tribunal under the Police Appeals Tribunals Regulations (Northern Ireland) 2016(1).
(5) Any finding or decision of the panel under this regulation or regulation 39 shall be based on a simple majority but shall not indicate whether it was taken unanimously or by a majority.