The National Crime Squad (Senior Police Members) (Appeals) Order 1998

PART I APPEALS AGAINST DISMISSAL, ETC.

Appeals against dismissal etc.

3.—(1) A senior police member of the National Crime Squad who is dismissed or required to resign by a decision taken in proceedings under regulations made in accordance with section 81 of the 1997 Act may appeal to an NCS appeals tribunal against the decision except where he has a right of appeal to some other person; and in that case, he may appeal to an NCS appeals tribunal from any decision of that other person as a result of which he is dismissed or required to resign.

(2) Where an NCS appeals tribunal allow an appeal it may, if it considers it appropriate to do so, make an order dealing with the appellant in a way—

(a) which appears to the tribunal to be less severe than the way in which he was dealt with by the decision appealed against, and

(b) in which he could have been dealt with by the person who made that decision.

Effect of orders

4.—(1) Where an appeal is allowed, the order shall take effect by way of substitution for the decision appealed against, and as from the date of that decision or, where that decision was itself a decision on appeal, the date of the original decision appealed against.

(2) Where the effect of the order made by the NCS appeals tribunal is to reinstate the appellant as a senior police member of the National Crime Squad, 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 National Crime Squad continuously from the date of the original decision to the date of his reinstatement.

(3) Where the effect of the order made by the NCS appeals tribunal is to reinstate the appellant as a senior police member of the National Crime Squad and he was suspended for a period immediately preceding the date of the original decision or any subsequent decision, the order shall deal with the suspension.

Costs

5.—(1) An appellant shall pay the whole of his own costs unless the NCS appeals tribunal directs that the whole or any part of his costs are to be defrayed out of the NCS service fund.

(2) Subject to sub-paragraph (1), all the costs and expenses of an appeal under this Order, including the costs of the respondent and any remuneration or expenses paid by virtue of article 7, shall be defrayed out of the NCS service fund.