Police and Fire Reform (Scotland) Act 2012

SCHEDULE 3SPolice appeals tribunals

(introduced by section 56(3))

This schedule has no associated Explanatory Notes

Constitution and membershipS

1(1)A police appeals tribunal is to consist of 3 members, one of whom is to be appointed to chair the tribunal.S

(2)The Lord President of the Court of Session must—

(a)establish and maintain a panel of persons who may be appointed as members of a police appeals tribunal, and

(b)from that panel, appoint the members (including the chairing member) of the tribunal.

(3)Every member of the panel must be, and have been for the period of 5 years immediately prior to the member's appointment, either—

(a)a solicitor holding a practising certificate in accordance with Part 2 of the Solicitors (Scotland) Act 1980 (c.46), or

(b)a member of the Faculty of Advocates practising as an advocate in Scotland.

Commencement Information

I1Sch. 3 para. 1 in force at 1.10.2012 by S.S.I. 2012/253, art. 2, Sch.

Member remuneration, allowances and expensesS

2SThe Authority is to pay to the members of a police appeals tribunal such remuneration, allowances and expenses as the Scottish Ministers may determine.

Commencement Information

I2Sch. 3 para. 2 in force at 1.10.2012 by S.S.I. 2012/253, art. 2, Sch.

Expenses of proceedingsS

3(1)The appellant is liable for the expenses incurred by the appellant in making an appeal.S

(2)But the police appeals tribunal may direct that some or all of the appellant's expenses must be paid by the Authority.

(3)The other expenses of the appeal (including the expenses of the respondent) must be paid by the Authority.

Commencement Information

I3Sch. 3 para. 3 in force at 1.10.2012 by S.S.I. 2012/253, art. 2, Sch.

Police appeals tribunal rulesS

4SThe Scottish Ministers may make rules about the procedure on appeals to a police appeals tribunal including, in particular, provision about—

(a)the notices required to start an appeal,

(b)the identity of the respondent, and

(c)holding hearings in private.

Commencement Information

I4Sch. 3 para. 4 in force at 1.10.2012 by S.S.I. 2012/253, art. 2, Sch.