The Police Service of Scotland (Performance) Regulations 2014

Procedure for determining appeal

45.—(1) An appeal under regulation 44 must be determined in accordance with this regulation.

(2) The appeal must be determined by a senior officer who is—

(a) appointed by the deputy chief constable;

(b) in a case where the appellant is a chief superintendent, a deputy chief constable other than the deputy chief constable designated by virtue of regulation 5.

(3) If the constable requests an appeal hearing, the person determining the appeal must decide whether to—

(a) hold an appeal hearing; or

(b) determine the appeal without holding such a hearing.

(4) If the constable does not request an appeal hearing or the person determining the appeal decides not to hold such a hearing, the appeal must be determined on the basis of—

(a) the appeal notice and any evidence sent with that notice; and

(b) the audio recording of the performance hearing or further performance hearing to which the appeal relates.

(5) If the person determining the appeal decides to hold an appeal hearing, the following paragraphs of this regulation apply.

(6) The person determining the appeal must within 30 working days of receipt of an appeal notice sent under regulation 44(4) send a notice in writing—

(a) requiring the constable to attend an appeal hearing; and

(b) specifying a date and time for that hearing.

(7) The appeal hearing is to be heard not more than 10 working days from the date on which the decision to hold that hearing was made.

(8) The appeal hearing is to be conducted in such manner as the person determining the appeal decides, provided that—

(a) the constable’s police representative must be permitted to attend; and

(b) the constable and the constable’s police representative must be permitted to make oral representations.