Police Act 1964

Section 37.

SCHEDULE 5 Disciplinary Appeals

Notice of appeal

1 Any appeal under section 37 of this Act (in this Schedule referred to as "the principal section") shall be instituted by giving a notice of appeal within the time prescribed under this Schedule.

Respondent

2 (1) On any appeal tinder the principal section the disciplinary authority shall be made the respondent.

(2) For the purposes of this Schedule " the disciplinary authority " means in respect of a police force mentioned in column 1 of the following Table the person or authority mentioned in relation to that force in column 2 of that Table:—

TABLE

Police force maintained under section 1 of this Act.	The appropriate disciplinary authority mentioned in section 33(3) of this Act.
The metropolitan police force.	The Commissioner of Police of the Metropolis.
The City of London police force.	The Commissioner of the police force of the City of London or, where the Commissioner is himself the appellant, the Court of the Mayor and Aldermen of the City of London.
River Tyne police force.	The chief constable or, where the chief constable or deputy chief constable is the appellant, the Tyne Improvement Commissioners.

Inquiries

3 (1) The Secretary of State shall, unless it appears to him that the case is of such a nature that it can properly be determined without taking evidence, appoint one or more persons (one at least of whom shall be a person engaged or experienced in police administration) to hold an inquiry and report to him.

(2) Subsections (2) and (3) of section 290 of the Local Government Act 1933 shall apply to any inquiry under this paragraph as they apply to an inquiry under that section.

(3) The Secretary of State shall, before making an order under the principal section, consider any report made to him under this paragraph, as well as the notice of appeal and any other documents submitted to him by the appellant and the respondent in accordance with rules under this Schedule.

(4) The Secretary of State may, before making an order under the principal section, remit the case for further investigation by the person or persons who held the inquiry, or, if he thinks fit, for further consideration by the disciplinary authority.

Notice and effect of orders

4 (1) A copy of any order made by the Secretary of State under the principal section shall as soon as it is made be sent to the appellant and the respondent together with, if an inquiry was held, a copy of the report of the person holding the inquiry, and the order shall be final and binding upon all parties.

(2) Where an appeal is allowed, or the punishment is varied, by the Secretary of State, the order shall take effect by way of substitution for the decision appealed from, and as from the date of that decision; and where the effect of the order is to reinstate the appellant in the force or in his rank, he shall, for the purpose of reckoning service for pension, and, to such extent (if any) as may be determined by the order, for the purpose of pay, be deemed to have served in the force or in that rank, as the case may be, continuously from the date of the decision to the date of his reinstatement, and, if he was suspended for a period immediately preceding the date of the decision, the order shall deal with the suspension.

(3) Any costs payable under the principal section shall be subject to taxation in such manner as the Secretary of State may direct.

Rules

5 (1) The Secretary of State may make rules as to the procedure on appeals and at inquiries under this Schedule and in particular, but without prejudice to the generality of this provision, may make rules—

(a) prescribing the form and contents of the notice of appeal and the documents to be submitted by the appellant and the time within which such documents are to be submitted ;

(b) prescribing the documents to be submitted and the time within which they are to be submitted by the respondent.

(2) The rules shall provide for giving to the appellant the right to appear at an inquiry by a serving member of a police force or by counsel or a solicitor, and for giving to the respondent the right to appear by an officer of the police force or by the clerk or other officer of the police authority or by counsel or a solicitor.

(3) Any rules made under this paragraph shall be laid before Parliament after being made.