Police and Fire Reform (Scotland) Act 2012

SCHEDULE 3 Police appeals tribunals

(introduced by section 56(3))

Constitution and membership

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

(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.

Member remuneration, allowances and expenses

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

Expenses of proceedings

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

(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.

Police appeals tribunal rules

4 The 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.