Police (Unsatisfactory Performance and Attendance) Regulations (Northern Ireland) 2010

Postponement or adjournment of hearing

16.—(1) If the member concerned intimates to the chairman that he will be unable to attend the hearing, or in the absence of such intimation does not attend the hearing, and the chairman is satisfied that a good reason for non-attendance is given by, or on behalf of, the member concerned, he shall postpone or, as the case may be, adjourn the hearing.

(2) The chairman may also adjourn the hearing if, having given the member concerned the opportunity of making representations under regulation 15(7), he considers it appropriate to allow a further period for assessment of the member’s performance or attendance.

(3) Where the chairman adjourns the hearing for the purposes of paragraph (2), he shall—

(a) specify a period (not exceeding 3 months) during which the reporting officer and the countersigning officer shall assess the performance or attendance of the member concerned;

(b) fix a date on which the hearing shall resume; and

(c) require the member concerned to attend on a date at a specified time and place.

(4) Not later than 14 days after the date on which the period for further assessment specified by the chairman under paragraph (3)(a) ends—

(a) the reporting officer and the countersigning officer shall prepare a report containing their assessment of the performance or attendance of the member concerned during that period; and

(b) the countersigning officer shall send the report to the chairman and a copy of the report to the member concerned.

(5) At the continuation of the hearing the chairman shall afford the member concerned a full opportunity of making representations in relation to the matters referred to in the report mentioned in paragraph (4).

(6) Where, at the time the report mentioned in paragraph (4) is sent under paragraph (4)(b)—

(a) the chairman is absent, incapacitated or suspended from duty; and

(b) it is likely that his absence, incapacity or suspension will continue for a period of more than 28 days,

the deputy chief constable shall arrange for another member, being a member who would have been eligible for appointment as chairman under regulation 15(1) and (2) in relation to the hearing in question, to carry out in relation to the member concerned the functions of the chairman specified in paragraph (5) and regulations 17 and 18.

(7) References to the chairman in regulations 17 to 20 shall be construed as including any member appointed in accordance with paragraph (6) to carry out the functions of the chairman.