- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
30.—(1) The senior manager must determine an appeal under regulation 27 in accordance with this regulation.
(2) In a case where a progress appeal meeting takes place, the senior manager must consider—
(a)the appeal notice submitted under regulation 27(5);
(b)any evidence accompanying that notice;
(c)the written record of the progress meeting;
(d)the constable’s written comments on that record (if any); and
(e)any representations made at the progress appeal meeting.
(3) In a case where no progress appeal meeting takes place, the senior manager must consider—
(a)the appeal notice submitted under regulation 27(5);
(b)any evidence accompanying that notice;
(c)the written record of the progress meeting; and
(d)the constable’s written comments on that record (if any).
(4) Having considered the things mentioned in paragraph (2) or, as the case may be, (3), the senior manager may—
(a)confirm or reverse the finding of unsatisfactory performance; and
(b)confirm or vary any of the relevant terms against which the appeal is made.
(5) A reversal of the finding of unsatisfactory performance revokes the final improvement notice.
(6) Where the senior manager—
(a)reverses the finding of unsatisfactory performance; or
(b)varies any of the relevant terms against which an appeal was made,
the decision of the senior manager substitutes, from the date of the progress appeal meeting, the finding, the final improvement notice or the relevant terms against which an appeal was made.
(7) As soon as reasonably practicable after determining an appeal under regulation 27 the senior manager must—
(a)send to the constable a written record of the senior manager’s decision; and
(b)in a case where a progress appeal meeting has taken place, send to the constable a written record of that meeting.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Policy Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2012 onwards. Prior to this date these type of notes existed as ‘Executive Notes’ and accompanied Scottish Statutory Instruments from July 2005 until July 2012.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: