PART 1Preliminary
Circumstances in which a member may appeal to a tribunal4
1
Subject to paragraph (3), a member to whom paragraph (2) applies may appeal to a tribunal in reliance on one or more of the grounds of appeal referred to in paragraph (4) against—
a
the finding referred to in paragraph (2)(a), (b) or (c) made under the Conduct Regulations; or
b
the disciplinary action, if any, imposed under the Conduct Regulations in consequence of that finding,
or both.
2
This paragraph applies to—
a
a member other than a senior officer against whom a finding of misconduct or gross misconduct has been made at a misconduct hearing; or
b
a senior officer against whom a finding of misconduct or gross misconduct has been made at a misconduct meeting or a misconduct hearing; or
c
a member against whom a finding of gross misconduct has been made at a special case hearing.
3
A member may not appeal to a tribunal against a finding referred to in paragraph (2)(a), (b) or (c) where that finding was made following acceptance by the member that his conduct amounted to misconduct or gross misconduct (as the case may be).
4
The grounds of appeal under this regulation are—
a
that the finding or disciplinary action imposed was unreasonable; or
b
that there is evidence that could not reasonably have been considered at the original hearing which could have materially affected the finding or decision on disciplinary action; or
c
that there was a breach of the procedures set out in the Conduct Regulations or other unfairness which could have materially affected the finding or decision on disciplinary action.