Legalize / United Kingdom / Statutory-Instrument

The Police (Performance) Regulations 2020

Type Statutory-Instrument

Publication 2020-01-06

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

Reform history JSON API PDF

Made: 6th January 2020

Laid before Parliament: 10th January 2020

Coming into force: 1st February 2020

In accordance with section 63(3)(a) of the Police Act 1996[^f00003], the Secretary of State has supplied a draft of these Regulations to the Police Advisory Board for England and Wales and has taken into consideration the representations made by that Board before making these Regulations.

PART 1 — Preliminary

Citation and commencement

1

These Regulations may be cited as the Police (Performance) Regulations 2020 and come into force on 1st February 2020.

Application

2

(1) Subject to paragraph (2), these Regulations apply where unsatisfactory performance or attendance by a police officer comes to the attention of the line manager of the officer, or a chief officer of police, on or after 1st February 2020.

(2) These Regulations do not apply in relation to—

(a) a member of a police force above the rank of chief superintendent;

(b) an officer of the rank of constable who has not completed the period of probation applicable to the officer.

Revocations and transitional provisions

3

(1) Subject to paragraph (2), the following Regulations are revoked—

(a) the Police (Performance) Regulations 2012[^f00004];

(b) the Police (Performance) (Amendment) Regulations 2014[^f00005].

(2) The Regulations mentioned in paragraph (1) and regulation 7(11)(a) of the Police Barred List and Police Advisory List Regulations 2017[^f00006] as in force immediately before these Regulations come into force continue to have effect in relation to—

(a) unsatisfactory performance or attendance or gross incompetence which came to the attention of the line manager of an officer or a chief officer of police before 1st February 2020;

(b) unsatisfactory performance or attendance or gross incompetence which came to the attention of the line manager of an officer or a chief officer of police on or after 1st February 2020 but which relates to a matter being handled under the Regulations mentioned in paragraph (1).

Interpretation and delegation

4

(1) In these Regulations—

“the 1996 Act” means the Police Act 1996;

“the2002 Act” means the Police Reform Act 2002;

“the Conduct Regulations” means the Police (Conduct) Regulations 2020[^f00007];

“the Vetting Regulations” means the Police (Vetting) Regulations 2025;

“appeal manager”, in relation to the officer concerned, means the person appointed by the appropriate authority to that role for the purposes of these Regulations, being of a rank or level of seniority which is above that of the line manager of the officer;

“appropriate authority” means the chief officer of police of the police force concerned;

“complainant” is to be construed in accordance with section 29(2) of the 2002 Act (interpretation of Part 2)[^f00008];

“complaint” has the meaning given to it by section 12 of the 2002 Act (complaints, matters and persons to which Part 2 applies)[^f00009];

“conduct matter” has the meaning given to it by section 12 of the 2002 Act[^f00010];

“Director General” means the Director General of the Independent Office for Police Conduct, established under section 9 of the 2002 Act (the Independent Office for Police Conduct)[^f00011];

“DSI matter” has the meaning given to it by section 12 of the 2002 Act[^f00012].

“document” means anything in which information of any description is recorded;

“first stage appeal meeting” has the meaning given to it by regulation 19(8);

“first stage meeting” has the meaning given to it by regulation 15;

“gross incompetence” means a serious inability or serious failure of a police officer to perform the duties of the officer’s rank or the role the officer is currently undertaking to a satisfactory standard or level, without taking into account the officer’s attendance, to the extent that dismissal would be justified and “grossly incompetent” is to be construed accordingly;

“human resources professional” means a police officer or police staff member who has specific responsibility for personnel matters relating to members of a police force;

“interested person” means a person who has an interest in being kept properly informed about the handling of a complaint, conduct matter or DSI matter in accordance with section 21 of the 2002 Act (duty to provide information for other persons)[^f00013];

“investigator”, other than in regulation 14, means a person appointed or designated under paragraph 16, 18 or 19 of Schedule 3 to the 2002 Act (investigations)[^f00014], as the case may be;

“line manager” means the police officer or the police staff member who, in either case, has immediate supervisory responsibility for the officer concerned;

“officer concerned” means the police officer in respect of whom proceedings under these Regulations are, or are proposed to be, taken;

“panel” means a panel appointed by the appropriate authority in accordance with regulation 34 subject to any change to the membership of that panel in accordance with regulation 35 and to regulations 48 and 49;

“police barred list” means the list referred to in section 88B(2) of the 1996 Act (duty to maintain police barred list)[^f00015];

“police force concerned” means—the police force of which the officer concerned is a member, orwhere the officer concerned is a special constable, the police force maintained for the police area for which the officer is appointed as a special constable;

“police friend” means a person chosen by the officer concerned in accordance with regulation 5;

“police officer” means a member of a police force or a special constable;

“police staff member” means—a member of the civilian staff of a police force, within the meaning of section 102(4) and (6) of the Police Reform and Social Responsibility Act 2011 (interpretation of Part 1)[^f00016], oran employee of the Common Council of the City of London who is under the direction and control of a chief officer;

“proposed witness” means a witness whose attendance at a second stage meeting the officer concerned or the appropriate authority (as the case may be) wishes to request of the panel chair;

“relevant lawyer” has the same meaning as in section 84(4) of the 1996 Act (representation at disciplinary and other proceedings)[^f00017];

“relevant terms of the written improvement notice” has the meaning given to it by regulation 19;

“second stage meeting” has the meaning given to it by regulation 30(2) or 32(3), as the context requires;

“senior manager”, in relation to the officer concerned, means the police officer or police staff member appointed by the appropriate authority to that role for the purposes of these Regulations, being of at least the same rank or level of seniority as the person who is the appeal manager of the officer;

“staff association” means—in relation to a member of a police force of the rank of chief inspector or below or to a special constable, the Police Federation of England and Wales, andin relation to a member of a police force of the rank of superintendent or chief superintendent, the Police Superintendents’ Association;

“working day” means any day other than—a Saturday or Sunday;Christmas Day or Good Friday, ora day which is a bank holiday under the Banking and Financial Dealings Act 1971[^f00018] in England and Wales.

(2) In these Regulations—

(a) a reference to—

(i) unsatisfactory performance or attendance; or

(ii) the performance or attendance of an officer being unsatisfactory,

is a reference to an inability or failure of a police officer to perform the duties of the role or rank the officer is currently undertaking to a satisfactory standard or level;

(b) “unsatisfactory performance or attendance” may be construed as a reference to unsatisfactory performance and attendance;

(3) Information in documents which are stated to be subject to the harm test under these Regulations must not be given to the officer concerned in so far as the appropriate authority considers that preventing disclosure to the officer is—

(a) necessary for the purpose of preventing the premature or inappropriate disclosure of information that is relevant to, or may be used in, criminal proceedings;

(b) necessary in the interests of national security;

(d) necessary for the purpose of the prevention or detection of misconduct by police officers or police staff members or their apprehension for such matters;

(e) justified on the grounds that providing the information would involve disproportionate effort in comparison to the seriousness of the unsatisfactory performance or attendance in question;

(f) necessary and proportionate for the protection of the welfare and safety of any informant or witness, or

(g) otherwise in the public interest.

(4) The appropriate authority may, subject to paragraph (5), delegate any of its functions under these Regulations to—

(a) a member of a police force of at least the rank of inspector, or

(b) a police staff member who, in the opinion of the appropriate authority, is of at least a similar level of seniority to an inspector.

(5) Where the appropriate authority delegates its functions under regulation 32, a decision under sub-paragraph (a) or (c) of regulation 32(1) must be authorised by a member of a police force holding a rank above that of chief superintendent.

(6) Any proceedings under these Regulations are disciplinary proceedings for the purposes of—

(a) section 87(5) of the 1996 Act (guidance concerning disciplinary proceedings)[^f00019], and

(b) section 36(2) of the 2002 Act (conduct of disciplinary proceedings).

(7) Any proceedings under these Regulations are disciplinary proceedings—

(a) for the purposes of paragraph (a) of the definition of “disciplinary proceedings” in section 29(1) of the 2002 Act (interpretation), but only for the purposes of the following provisions of that Act—

(i) section 22(8) (guidance issued by the Director General);

(ii) the following provisions of Schedule 3 to the 2002 Act (handling of complaints and conduct matters etc.)—

(aa) paragraph 2(6B) (complaints which must be handled in accordance with Schedule 3)[^f00020];

(bb) paragraph 6(2E) (handling of complaints other than by way of investigation: admissibility of statements in proceedings)[^f00021];

(cc) paragraph 6A(10) (reviews relating to complaints dealt with other than by investigation: references to outcome of a complaint)[^f00022];

(dd) paragraph 19ZG(2) (retention of items by the Director General)[^f00023];

(ee) paragraph 19ZH(6) (restrictions on access to items retained by the Director General)[^f00024];

(ff) paragraph 20(1) (restrictions on proceedings pending the conclusion of an investigation[^f00025];

(gg) paragraph 22(10) (purposes for which appropriate authority may request items from investigator)[^f00026];

(hh) paragraph 23(5A) (duties of Director General on receipt or completion of report on investigation)[^f00027];

(ii) paragraph 24(6B) (duties of appropriate authority on receipt of report on investigation)[^f00028];

(jj) paragraph 25(4C), (4E) and (14) (reviews with respect to an investigation: powers of relevant review body and references to outcome of a complaint)[^f00029];

(kk) paragraph 27(2) (duties of appropriate authority following memorandum under paragraph 24C)[^f00030].

PART 2 — General

Police friend

5

(1) The officer concerned may choose—

(a) a police officer;

(b) a police staff member, or

who is not otherwise involved in the matter, to act as a police friend.

(2) The police friend may—

(a) advise the officer concerned throughout the proceedings under these Regulations;

(b) represent the officer at any meeting under these Regulations, unless the officer has the right to be legally represented under regulation 6 and chooses to be so represented;

(c) make representations to the appropriate authority concerning any aspect of the proceedings under these Regulations, and

(d) accompany the officer to any meeting which the officer is required to attend under these Regulations.

(3) Where the police friend is a police officer or a police staff member, the chief officer of police of the force of which the police friend is a member must permit the police friend to use a reasonable amount of duty time for the purposes referred to in paragraph (2).

(4) The reference in paragraph (3) to the force of which the police friend is a member includes a reference to the force maintained for the police area for which a special constable is appointed and the force in which a police staff member is serving.

Legal and other representation

6

(1) Where the officer concerned is required to attend a second stage meeting under regulation 32, the officer has the right to be legally represented at the meeting by a relevant lawyer of the officer’s choice.

(2) If the officer chooses not to be legally represented—

(a) the meeting may take place and the officer may be dismissed or be subject to any other outcome ordered under regulation 46(2) or (6) without being legally represented, and

(b) the panel conducting the meeting may nevertheless be advised by a relevant lawyer at the meeting in accordance with regulation 42(3).

(3) Except in a case where the officer concerned has the right to be legally represented and chooses to be so represented, the officer may be represented at a meeting under these Regulations only by a police friend.

(4) A second stage meeting under regulation 32 must not take place unless the officer concerned has been notified in writing of the effect of this regulation.

Provision of notices or documents

7

(1) Subject to paragraph (2), where any written notice or document is to be given to the officer concerned under these Regulations, it must be—

(a) given to the officer in person;

(b) sent to the officer by e-mail or other means of electronic communication;

(c) given to the officer in person by the officer’s police friend where the police friend has agreed with the appropriate authority to deliver the notice or document, or

(d) given to the officer in any other manner agreed between the person who is required to give the notice or document and the officer.

(2) Where it is not reasonably practicable to give or supply a written notice or document to the officer concerned under paragraph (1)(a) or (b) and there is no agreement under paragraph (1)(c) or (d), the written notice or document must be—

(a) left with a person at the officer’s last known address, or

(b) sent to the officer’s last known address by first class post by recorded delivery or other service which provides for delivery on the next working day (“by post”).

(3) Where a written notice or document is sent by e-mail or other means of electronic communication, it is to be taken to have been given or supplied to the officer concerned—

(a) if the e-mail or other electronic transmission is sent on a working day before 4.30 p.m., on that day, or

(b) in any other case, on the next working day after the day on which it was sent.

(4) Where a written notice or document is sent by post, it is to be taken to have been given or supplied to the officer concerned—

(a) on the second day after it was posted, left with, delivered to or collected by the relevant service provider, provided that day is a working day, or

(b) in any other case, on the next working day after the day on which it was posted, left with, delivered to or collected by the relevant service provider.

Procedure at meetings under these Regulations

8

(1) Where the officer concerned participates in a second stage meeting by video link or other means under regulation 38(9) or otherwise does not attend a meeting under these Regulations, the officer may nevertheless be represented at that meeting by–

(a) a police friend, or

(b) where the officer was required to attend the second stage meeting under regulation 32, the officer’s relevant lawyer.

(2) Where the officer concerned does not participate in a second stage meeting by video link or other means under regulation 38(9) or otherwise does not attend a meeting under these Regulations, the meeting may be proceeded with and concluded in the absence of the officer whether or not the officer is so represented.

(3) During any meeting under these Regulations, the person representing the officer concerned may—

(a) address the meeting in order to do any or all of the following–

(i) put the case of the officer;

(ii) sum up that case;

(iii) respond on behalf of the officer to any view expressed at the meeting;

(iv) make representations concerning any aspect of proceedings under these Regulations, and

(v) in the case of a second stage meeting only, subject to paragraph (7), ask questions of any witnesses;

(b) confer with the officer.

(4) Where the person representing the officer concerned is a relevant lawyer, the police friend may also confer with the officer.

(5) Where the officer concerned is participating in a second stage meeting by video link or other means in accordance with regulation 38(9), the person representing the officer or (if different) the police friend (or both) may also participate in the second stage meeting by such means together with the officer.

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