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The Police (Conduct, Complaints and Misconduct and Appeal Tribunal) (Amendment) Regulations 2017

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Amendment of rule 3 (interpretation)

This section has no associated Explanatory Memorandum

13.  In rule 3(1)—

(a)in the appropriate places insert the following definitions—

“the 1996 Act” means the Police Act 1996;;

“disciplinary action”—

(a)

in relation to a police officer, has the same meaning as in the Conduct Regulations;

(b)

in relation to a former police officer, means a finding that he would have been dismissed if he had not ceased to be a member of a police force or a special constable;;

“relevant time” means, in relation to a former police officer, the time immediately before he ceased to be such an officer;;

(b)in the definition of “appellant” after “officer” insert “or a former police officer”;

(c)in the definition of “relevant local policing body”—

(i)in paragraph (a)—

(aa)after “the appellant” insert “(where the appellant is a police officer)”;

(bb)at the end omit “or”;

(ii)in paragraph (b) after “the appellant” insert “(where the appellant is a police officer)”;

(iii)after paragraph (b) insert—

(c)the police force of which a former police officer who wishes to appeal to a tribunal, or the appellant (where the appellant is a former police officer), was a member at the relevant time; or

(d)the police force for the police area for which a former police officer who wishes to appeal to a tribunal, or the appellant (where the appellant is a former police officer), was appointed as a special constable at the relevant time,;

(d)in the definition of “relevant decision” for “4 or 5” substitute “4, 5 or 5A”;

(e)in the definition of “relevant police force”—

(i)at the end of paragraph (a) omit “and”;

(ii)after paragraph (b) insert—

(c)where the appellant was a member of a police force at the relevant time, the police force of which he was a member; and

(d)where the appellant was a special constable at the relevant time, the police force maintained for the police area for which he was appointed..

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