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28.—(1) This regulation applies where the reporting officer refers the senior officer to a performance hearing under regulation 27(4).
(2) The Authority must appoint a panel to conduct the performance hearing.
(3) If the senior officer is an assistant chief constable, the Authority must appoint to the panel—
(a)a chairing member who is a member of the Authority;
(b)the chief constable; and
(c)one other member—
(i)whom the Authority considers appropriate based on that individual’s skills, knowledge and expertise; and
(ii)who is not an excluded person.
(4) If the senior officer is a deputy chief constable, the Authority must appoint to the panel—
(a)a member of the Authority;
(b)one member—
(i)whom the Authority considers appropriate based on that person’s experience of police work, whether in Scotland or elsewhere in the UK; and
(ii)who is not an excluded person; 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.
(5) The Authority must designate one of the panel members appointed under paragraph (4) as a chairing member.
(6) If the senior officer is the chief constable, the Authority must appoint to the panel 3 individuals—
(a)whom the Authority considers appropriate based on those individuals’ skills, knowledge and expertise; and
(b)who are not excluded persons.
(7) The Authority must designate one of the panel members appointed under paragraph (6) as a chairing member.
(8) The Authority may appoint up to two individuals to act as assessors to assist the panel.
(9) The Authority must arrange for the provision to every person appointed under this regulation of—
(a)any document which was available to the reporting officer in relation to the performance meeting;
(b)any document which was available to the person or panel conducting any performance appeal meeting;
(c)any document which was available to the reporting officer in relation to the progress meeting;
(d)the records of the performance meeting, any performance appeal meeting and the progress meeting;
(e)any submission made under regulation 30; and
(f)the improvement notice and the final improvement notice.
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