PART 1Police reform

CHAPTER 9F1APPEALS TO THE FIRST-TIER TRIBUNAL

56F2Right to appeal to the First-tier Tribunal

(1)

A constable may appeal to F3the First-tier Tribunal against any decision to dismiss the constable, or to demote the constable in rank, taken in pursuance of regulations made under section 48.

(2)

An appeal is competent only if the constable has exhausted any available process of review or appeal provided for in such regulations.

F4(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F557Representation

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

58Determinations by tribunal

(1)

F6The First-tier Tribunal may determine an appeal by—

(a)

confirming the decision being appealed, or

(b)

replacing that decision with any less severe decision which could have been made by the person who made it.

(2)

Where the determination F7of the First-tier Tribunal replaces the decision appealed against, it takes effect from the date of the decision which resulted in the dismissal or demotion in rank of the appellant.

(3)

Subsection (4) applies where a determination made by F8the First-tier Tribunal reinstates the appellant—

(a)

as a constable,

(b)

in—

(i)

the rank previously held by the appellant, or

(ii)

a different rank.

(4)

The appellant is to be deemed, for the purposes of reckoning service for pension and to such extent (if any) as may be determined by the F9First-tier Tribunal for the purposes of pay, to have served as a constable, or in the reinstated or different rank, continuously from the date of the decision which resulted in the dismissal or demotion in rank of the appellant to the date of the F10First-tier Tribunal’s determination.

(5)

In determining an appeal, the F11First-tier Tribunal may deal with such other matters relating to the appellant's reinstatement or period of service as the F11First-tier Tribunal thinks fit including, in particular, any periods where the appellant was suspended in consequence of the proceedings which led to the appellant's dismissal.

F1259Powers to obtain information

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .