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The Police Appeals Tribunals (Scotland) Rules 2013

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Decision of the tribunal

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16.—(1) Subject to paragraphs (3) and (4), the tribunal must determine the appeal—

(a)where no hearing has been held, after consideration of any statements of case including any adjustments made in accordance with rule 7; or

(b)where a hearing has been held, either at the end of the hearing or, where the tribunal reserves its decision, at a later date.

(2) The decision of the tribunal may be taken by a majority and the chairing member must record whether the decision was unanimous or taken by a majority.

(3) The decision of the tribunal must be made—

(a)where no hearing has been held pursuant to rule 8, not later than 6 months after the date on which the Registrar received the notice of appeal under rule 5; or

(b)where a hearing has been so held, not later than one month after the end of the hearing.

(4) Subject to paragraph (5), where a decision cannot be made within the relevant period mentioned in paragraph (3) by reason of any member of the tribunal being incapable of carrying out that member’s duties—

(a)the time limits specified in paragraph (3) do not apply; and

(b)in such a case the decision of the tribunal must be made as soon as reasonable practicable after the date on which the member’s incapacity ceases.

(5) Notwithstanding paragraph (4), an appeal may be determined by the tribunal in the absence of one member (other than the chairing member) if the parties consent to the tribunal proceeding to a determination in the absence of that member, in which case the chairing member has a casting vote in taking the decision of the tribunal if the votes are equally divided.

(6) The decision of the tribunal must be recorded not later than 7 days after the date on which it is made in a document which must contain—

(a)the terms of the order made by the tribunal in determining the appeal including any direction as to expenses which the tribunal makes by virtue of paragraph 3(2) of schedule 3 to the 2012 Act; and

(b)a statement of the reasons for the decision,

and be signed and dated by the chairing member of the tribunal.

(7) The Registrar must forthwith send a copy of the document to each party.

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