The Police (Performance) Regulations 2008

• (b) where the panel are satisfied that there are exceptional circumstances which justify it, the outcome mentioned in paragraph (3)(d).

• (2) If the panel make a finding that, in a case falling within regulation 28, the performance of the officer concerned constitutes gross incompetence, they may order one of the outcomes mentioned in paragraph (3)(b), (c), (e) or (f).

• (3) The outcomes mentioned in this paragraph are:

• (a) dismissal of the officer concerned with notice, the period of such notice to be decided by the panel, subject to a minimum period of 28 days;

• (b) dismissal of the officer concerned with immediate effect;

• (c) reduction in rank of the officer concerned with immediate effect;

• (d) an extension of the final written improvement notice;

• (e) the issue of a final written improvement notice;

• (f) redeployment to alternative duties (which may involve a reduction of rank) within the police force concerned.

• (4) The panel may not order the outcome mentioned in paragraph (3)(c) where–

• (a) the officer concerned is a special constable; or

• (b) the third stage meeting relates to the attendance of the officer concerned.

• (5) If the panel make a finding, in a case falling within regulation 28, of unsatisfactory performance, they shall order the issue of a written improvement notice.

• (6) A written improvement notice or a final written improvement notice issued under this regulation shall—

• (a) state in what respect the performance or attendance of the officer concerned (as the case may be) is considered unsatisfactory or grossly incompetent;

• (b) state the improvement that is required in his performance or attendance;

• (c) state that, if a sufficient improvement is not made within such reasonable period as the panel shall specify (being a period not greater than 12 months), the officer concerned may be required to attend a second stage meeting (in the case of a written improvement notice) or another third stage meeting (in the case of a final written improvement notice) and state the date on which this period ends;

• (d) state that it shall be valid for a period of twelve months from the date of the notice (the “validity period”);

• (e) state that, if the sufficient improvement referred to in sub-paragraph (c) is not maintained during any part of the validity period remaining after the expiry of the period specified in accordance with sub-paragraph (c), he may be required to attend a second stage meeting (in the case of a written improvement notice) or another third stage meeting (in the case of a final written improvement notice); and

• (f) be signed and dated by the panel chair.

• (7) Where the panel orders an extension of the final written improvement notice—

• (a) the notice shall be amended—

• (i) to state that if the officer concerned does not make a sufficient improvement within such reasonable period as the panel shall specify (being a period not greater than 12 months) he may be required to attend another third stage meeting; and

• (ii) to state the date on which this period ends;

• (b) the panel may vary any of the other matters recorded in the notice;

• (c) the notice shall be valid for a further period of twelve months from the date of the extension (the “validity period”) and shall state the date on which it expires.

Assessment of performance or attendance following third stage meeting

39

• (1) This regulation applies where a written improvement notice has been issued under regulation 38.

• (2) Where this regulation applies, the performance of the officer concerned shall be assessed under regulation 19 as if he had received a written improvement notice under regulation 15.

• (3) Where, as a result of such assessment, the officer concerned is required to attend a second stage meeting, these Regulations shall have effect as if he had been required to attend that meeting under regulation 19; and—

• (a) references to the period specified in accordance with regulation 14(6)(c) shall be construed as references to the period specified under regulation 38(6)(c); and

• (b) references to the validity period of the written improvement notice shall be construed as references to the validity period of the written improvement notice issued under regulation 38.

• (4) Where a police officer is required to attend such a second stage meeting, that meeting must concern unsatisfactory performance which is similar to or connected with the unsatisfactory performance referred to in the written improvement notice.

40

• (1) This regulation applies where a final written improvement notice has been issued or extended under regulation 38.

• (2) Where this regulation applies, as soon as reasonably practicable after the reasonable period specified by the panel under regulation 38(6)(c) or (7)(a) ends—

• (a) the panel shall assess the performance or attendance of the officer concerned (as the case may be) during that period; and

• (b) the panel chair shall notify the officer concerned in writing whether the panel considers that there has been a sufficient improvement in performance or attendance during that period.

• (3) If the panel considers that there has not been a sufficient improvement, the panel chair shall, at the same time as he gives notification under paragraph (2)(b), also notify the officer concerned in writing that he is required to attend another third stage meeting to consider his performance or attendance.

• (4) Where—

• (a) the officer concerned has not been required to attend a third stage meeting under paragraph (3), or

• (b) the officer concerned has been required to attend a third stage meeting under paragraph (3) but the panel did not make a finding of unsatisfactory performance or attendance at that meeting,

the officer concerned may be required to attend a third stage meeting under paragraph (5).

• (5) If the panel considers that the officer concerned has failed to maintain a sufficient improvement in his performance or attendance during any part of the validity period of the final written improvement notice remaining after the expiry of the period specified in accordance with regulation 38(6)(c) or (7)(a), the panel chair shall notify the officer concerned in writing of the matters set out in paragraph (6).

• (6) Those matters are—

• (a) that the panel is of the view mentioned in paragraph (5); and

• (b) that the officer concerned is required to attend another third stage meeting to consider his performance or attendance.

• (7) In a case falling within paragraph (3) or (5), the appropriate authority shall give the officer concerned the notice referred to in regulation 27.

• (8) Where the officer concerned is required to attend a third stage meeting under this regulation, these Regulations shall have effect as if the case fell within regulation 26(2) or (4) as the case may be and—

• (a) references to the period specified in accordance with regulation 21(6)(c) shall be construed as references to the period specified under regulation 38(6)(c) or (7)(a), as the case may be; and

• (b) references to the validity period of the final written improvement notice shall be construed as references to the validity period mentioned in regulation 38(6)(c) or (7)(c), as the case may be.

• (9) Any third stage meeting which a police officer is required to attend under this regulation must concern unsatisfactory performance or attendance which is similar to or connected with the unsatisfactory performance or attendance referred to in the final written improvement notice issued or extended under regulation 38.

• (10) References in this regulation to the panel are references to the panel that conducted the initial third stage meeting, subject to paragraph (11).

• (11) Where any of the panel members are not able to continue to act as such, the appropriate authority shall remove that member from the panel and shall appoint a new member to the panel.

• (12) If the appropriate authority appoints a new panel member under paragraph (11), it must ensure that the requirements for the composition of the panel in regulation 30 continue to be met.

• (13) As soon as reasonably practicable after any such appointment, the appropriate authority shall notify in writing the officer concerned of the name of the new panel member.

• (14) The officer concerned may object to the appointment of a panel member appointed under paragraph (11).

• (15) Any such objection must be made in accordance with regulation 31(2), provided that it must be made before the end of 3 working days beginning with the first working day after receipt of the notification referred to in paragraph (13); and the appropriate authority shall comply with regulation 31(3) to (6) in relation to the objection but paragraph (7) of that regulation shall not apply.

41

• (1) Where an officer is required to attend another third stage meeting under regulation 40—

• (a) that meeting shall be conducted by the same panel as conducted the initial third stage meeting (subject to any change in that panel under regulation 40);

• (b) the officer concerned shall not have the right to object to panel members under regulation 31, except in accordance with regulation 40;

• (c) subject to paragraph (2), regulations 32 to 38 shall apply to, or in relation to, that meeting.

• (2) Following that third stage meeting, the panel may not order the outcome mentioned in regulation 38(3)(d).

Signed

Vernon Coaker — Minister of State — 5th November 2008

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations establish procedures for proceedings in respect of unsatisfactory performance or attendance of members of police forces of the rank of chief superintendent or below (excluding probationers) and special constables.

Part 1 deals with preliminary matters. Regulation 3 revokes the Police (Efficiency) Regulations 1999 and the two further sets of regulations which amended those regulations. However, such regulations shall continue to have effect in respect of unsatisfactory performance or attendance which came to the attention of a line manager before the coming into force of these Regulations. Regulation 4 provides definitions of terms used in these Regulations and makes provision in relation to the delegation of functions of the chief officer of police under these Regulations.

Part 2 deals with general matters. Regulations 5 and 6 make provision about the role of a police friend under these Regulations and the right to legal representation. Regulation 7 provides for the manner in which a written notice or document is to be given to or supplied to a police officer. Regulation 8 contains general provision about the procedure for meetings held in accordance with the Regulations. Regulation 9 makes provision for a senior manager to appoint someone to carry out functions of a line manager or a second line manager under the Regulations. Regulations 10 and 11 make provision about extensions and suspensions of certain periods specified in the Regulations.

Part 3 deals with the first stage of the procedures under the Regulations. It makes provision about the circumstances in which a first stage meeting may be required, the arrangement of such a meeting and the procedures to be followed at and subsequent to the meeting. If the outcome of the meeting is a finding of unsatisfactory performance or attendance, the police officer will be issued with a written improvement notice under regulation 15. Regulations 16 to 18 make provision for the officer to appeal against such a finding and/or particular terms of the notice.

Part 4 makes similar provision in respect of the second stage of the procedures. A police officer can be required to attend a second stage meeting following a first stage meeting if, during specified periods, he has failed to improve his performance or attendance, or if he has failed to maintain such an improvement. If the outcome of the second stage meeting is a finding of unsatisfactory performance or attendance, the police officer will be issued with a final written improvement notice under regulation 22. Regulations 23 to 25 make provision for the officer to appeal against such a finding and/or particular terms of the notice.

Part 5 makes provision in respect of the third stage of the procedures. A police officer can be required to attend a third stage meeting following a second stage meeting if, during specified periods, he has failed to improve his performance or attendance, or if he has failed to maintain such an improvement. A police officer can also be required to attend a third stage meeting, even where he has not attended a first or second stage meeting, if the appropriate authority considers that the performance of the officer constitutes gross incompetence. A third stage meeting is conducted by a panel of three persons appointed by the chief officer of police in accordance with regulation 30. Regulation 31 gives the police officer the right to object to any of the panel members. Regulations 32 to 36 deal with procedural matters relating to the third stage meeting, witnesses and the timing of the meeting. Regulation 37 makes provision for the decision of the panel following the third stage meeting, which must set out the panel’s finding, its reasons and any outcome ordered under regulation 38. Regulations 39 to 41 make provision for the performance or attendance of the officer to be assessed following the third stage meeting where the panel have ordered the issue of a written improvement notice, or the issue or extension of a final written improvement notice. In such a case, the officer concerned may be required to attend a further meeting under these Regulations in connection with his performance or attendance.

These Regulations were laid before Parliament in draft as they are Regulations under section 84 of the Police Act 1996 coming into force at a time that is the earliest time at which any Regulations under section 84 are to come into force after the commencement of paragraph 7 of Schedule 22 to the Criminal Justice and Immigration Act 2008 (see section 84(8) of the Police Act 1996).

Footnotes