Police and Fire Reform (Scotland) Act 2012

58Determinations by tribunalS

This section has no associated Explanatory Notes

(1)[F1The 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 [F2of 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 [F3the 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 [F4First-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 [F5First-tier Tribunal’s] determination.

(5)In determining an appeal, the [F6First-tier Tribunal] may deal with such other matters relating to the appellant's reinstatement or period of service as the [F6First-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.

Textual Amendments

Commencement Information

I1S. 58 in force at 1.4.2013 by S.S.I. 2013/51, art. 2