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The Police Service of Scotland (Senior Officers) (Performance) Regulations 2016

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Arrangement of performance appeal meeting: deputy chief constables and chief constable

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19.—(1) This regulation applies where a deputy chief constable or the chief constable submits an appeal notice under regulation 16(5).

(2) The Authority must appoint a panel (to be known as an “appeal panel”) to conduct the appeal meeting.

(3) If the appeal notice is submitted by a deputy chief constable, a panel appointed under paragraph (2) must comprise—

(a)a chairing member who is a member of the Authority; and

(b)one other person—

(i)whom the Authority considers appropriate based on that person’s skills, knowledge and expertise; and

(ii)who is not an excluded person.

(4) In the event that the votes of a panel constituted in accordance with paragraph (3) are evenly split on any decision, the chairing member’s decision will constitute the decision of the panel.

(5) If the appeal notice is submitted by the chief constable, a panel appointed under paragraph (2) must comprise—

(a)a chairing member who is a member of the Authority, other than the chairing member of the Authority appointed under paragraph 2(1)(a) of schedule 1 to the Act;

(b)one member who is a member of the staff of the Scottish Administration; and

(c)one member—

(i)whom the Authority considers appropriate based on that person’s skills, knowledge and expertise; and

(ii)who is not an excluded person.

(6) As soon as reasonably practicable after receipt of an appeal notice submitted under regulation 16(5) the appeal panel must decide whether to—

(a)require the senior officer to attend a performance appeal meeting; or

(b)determine the appeal without such a meeting.

(7) The appeal panel may determine the appeal without a performance appeal meeting only with the agreement of the senior officer.

(8) If the senior officer is required to attend a performance appeal meeting the appeal panel must send to the senior officer a written notice giving details of—

(a)the procedures for determining the date and time of that meeting;

(b)any proposed attendance at the meeting of a human resources professional or police adviser to advise the appeal panel on the proceedings;

(c)any proposed attendance at the meeting of the reporting officer;

(d)any proposed attendance at the meeting of any other named person and the senior officer’s right to refuse to consent to their attendance;

(e)the senior officer’s right to seek advice from a police representative; and

(f)the senior officer’s right to be represented at the meeting by a police representative.

(9) The appeal panel must, if reasonably practicable, seek to agree a date and time for the meeting with the senior officer.

(10) If no date and time are agreed under paragraph (9), the appeal panel must specify a date and time for the meeting.

(11) If a date and time are specified under paragraph (10) and—

(a)the senior officer or the senior officer’s police representative will not be available at that date and time; and

(b)the senior officer proposes an alternative date and time which satisfy the requirements of paragraph (12),

the meeting must be postponed to the date and time proposed.

(12) An alternative date and time must—

(a)be reasonable; and

(b)fall not later than 10 working days from the date specified by the appeal panel under paragraph (10).

(13) When the date and time of a performance appeal meeting are determined in accordance with paragraphs (9) to (12), the appeal panel must send a notice in writing to the senior officer specifying the date, time and place of that meeting.

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