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36.—(1) If the panel decides under regulation 35(1) that the senior officer’s performance is unsatisfactory it must, subject to paragraphs (3) and (4), determine that the Authority is to—
(a)dismiss the senior officer with notice;
(b)demote the senior officer in rank; or
(c)extend the final improvement notice.
(2) In a case where it is determined that the Authority is to dismiss the senior officer with notice, the period of notice must be determined by the Authority, but must be not less than 28 days.
(3) The final improvement notice may be extended only where the panel is satisfied that there are exceptional circumstances which justify such action.
(4) If it is determined that the final improvement notice is to be extended—
(a)that notice must be amended—
(i)to state that if the senior officer does not make a sufficient improvement in performance within such reasonable period as the panel specifies (being a period of no more than 6 months from the date of extension) the senior officer may be required to attend a further performance hearing; and
(ii)to specify a new validity period; and
(b)the terms of the final improvement notice may be amended which relate to—
(i)the respect in which the senior officer’s performance is considered to be unsatisfactory; or
(ii)the improvement that is required in the senior officer’s performance.
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