Police Act 1996

SCHEDULE 6 Appeals to police appeals tribunals

Section 85. Police appeals tribunals 1 (1) In the case of an appeal relating to a senior officer or a former senior officer, the police appeals tribunal shall consist of three members appointed by the relevant person, of whom— (a) one shall be a person chosen from a list of persons who satisfy the judicial-appointment eligibility condition on a 5-year basis and have been nominated by the Lord Chancellor for the purposes of this Schedule, (b) one shall be Her Majesty's Chief Inspector of Constabulary appointed under section 54(1) or one of Her Majesty's Inspectors of Constabulary nominated by the Chief Inspector, and (c) one shall be the permanent secretary to the Home Office or a Home Office director nominated by the permanent secretary. (2) The member of the police appeals tribunal to whom sub-paragraph (1)(a) applies shall be the chairman. 2 (1) In the case of an appeal relating to a person to whom sub-paragraph (3) applies, the police appeals tribunal shall consist of three members appointed by the relevant person, of whom— (a) one shall be a person chosen from the list referred to in paragraph 1(1)(a), (b) one shall be a senior officer, and (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (e) one shall be a lay person. (2) The member of the police appeals tribunal to whom sub-paragraph (1)(a) applies shall be the chairman. (3) The persons to whom this sub-paragraph applies are— (a) a member of a police force (other than a senior officer), (b) a former member of a police force (other than a former senior officer), (c) a special constable, and (d) a former special constable. 2A (1) For the purposes of paragraphs 1 and 2, “the relevant person” means the person determined in accordance with rules made by the Secretary of State. (2) Rules under sub-paragraph (1) may make— (a) different provision for different cases and circumstances; (b) provision for the relevant person to be able to delegate the power to appoint the members of a tribunal. (3) A statutory instrument containing rules under sub-paragraph (1) is subject to annulment in pursuance of a resolution of either House of Parliament. Notice of appeal 3 An appeal shall be instituted by giving notice of appeal within the time prescribed by rules made under section 85. Respondent 4 On any appeal the respondent shall be such person as may be prescribed by rules made under section 85. Casting vote 5 Where there is an equality of voting among the members of a police appeals tribunal, the chairman shall have a second or casting vote. Hearing 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Effect of orders 7 (1) Where on the determination of an appeal the tribunal makes such an order as is mentioned in section 85(2), the order shall take effect— (a) by way of substitution for the decision appealed against, and (b) as from the date of that decision. But this is subject to sub-paragraph (4). (2) Where the effect of the order made by the police appeals tribunal is to reinstate the person to whom the appeal relates in the force or in his rank, he shall, for the purpose of reckoning service for pension and, to such extent (if any) as may be determined by the order, for the purpose of pay, be deemed to have served in the force or in his rank continuously from the date of the original decision to the date of his reinstatement. (3) Where the effect of the order made by the police appeals tribunal is to reinstate the person to whom the appeal relates in the force and he was suspended for a period immediately preceding the date of the original decision or any subsequent decision, the order shall deal with the suspension. (4) In a case where— (a) on the determination of an appeal the tribunal makes an order the effect of which is to dismiss the person to whom the appeal relates, and (b) the decision that is the subject of the appeal had not been a decision to dismiss the person, the order takes effect on the date on which it is made. Remuneration and expenses 8 Members of a police appeals tribunal shall be— (a) paid such remuneration, and (b) reimbursed for such expenses, as the Secretary of State may determine. Parties’ costs: appeals by officer concerned 9 (1) This paragraph applies in the case of an appeal by and relating to— (a) a member or former member of a police force, or (b) a special constable or former special constable. (2) The appellant’s costs are to be paid by the appellant unless the police appeals tribunal directs that the whole or any part of those costs are to be paid by the respondent. (3) The respondent’s costs are to be paid by the respondent. Parties’ costs: appeals by chief officer of police or local policing body 9A (1) This paragraph applies in the case of an appeal by— (a) a chief officer of police (except where the chief officer of police is the person to whom the appeal relates), or (b) a local policing body. (2) The appellant’s costs are to be paid by the appellant. (3) The respondent’s costs are to be paid by the respondent unless the police appeals tribunal directs that the whole or any part of those costs are to be paid by the appellant. Parties’ costs: appeals by IOPC 9B (1) This paragraph applies in the case of an appeal by the Director General of the Independent Office for Police Conduct (“the Director General”). (2) The Director General’s costs are to be paid by the Director General unless— (a) the police appeals tribunal directs that the whole or any part of those costs are to be paid by the appropriate authority, or (b) sub-paragraph (3) applies. (3) The Director General’s costs are to be paid by the appropriate authority where the decision appealed against was made in proceedings— (a) which the Director General directed the appropriate authority to bring, and (b) at which the appropriate authority and the Director General agreed that the Director General should present the case. (4) The respondent’s costs are to be paid by the respondent unless the police appeals tribunal directs that the whole or any part of those costs are to be paid by the Director General. (5) In this paragraph “appropriate authority” means— (a) where the person to whom the appeal relates is or was a chief officer of police, the local policing body which brought the proceedings in which the decision appealed against was made; (b) in any other case, the chief officer of police who brought the proceedings in which the decision appealed against was made. Other costs of appeals 9C (1) The costs and expenses of an appeal under or by virtue of section 85, other than the appellant’s costs or the respondent’s costs, are to be met out of the police fund of the relevant local policing body. (2) In sub-paragraph (1), the reference to the costs and expenses of an appeal includes any remuneration or expenses paid by virtue of paragraph 8. Interpretation 10 In this Schedule— (a) “senior officer” means a member of a police force holding a rank above that of chief superintendent, (aa) lay person” means a person who is not, and has never been— (i) a member of a police force or a special constable, (ii) a member of the civilian staff of a police force, including the metropolitan police force, within the meaning of Part 1 of the Police Reform and Social Responsibility Act 2011 (see section 102(4) and (6) of that Act), (iii) a person employed by the Common Council of the City of London in its capacity as police authority who is under the direction and control of the Commissioner of Police for the City of London, (iiia) a person designated as a community support volunteer or a policing support volunteer under section 38 of the Police Reform Act 2002, (iv) a police and crime commissioner, (v) a member of staff of a police and crime commissioner, or of the Mayor's Office for Policing and Crime, within the meaning of Part 1 of the Police Reform and Social Responsibility Act 2011 (see section 102(3) and (5) of that Act), (vi) a constable within the meaning of Part 1 of the Police and Fire Reform (Scotland) Act 2012 (2012 asp 8) (see section 99 of that Act), (vii) a member of the Police Service of Northern Ireland or the Police Service of Northern Ireland Reserve, (viii) a member of the British Transport Police Force or a special constable appointed under section 25 of the Railways and Transport Safety Act 2003, (ix) an employee of the British Transport Police Authority appointed under section 27 of the Railways and Transport Safety Act 2003, (x) a member of the Ministry of Defence Police, (xi) a person (other than a member of the Ministry of Defence Police) who is under the direction and control of the chief constable for the Ministry of Defence Police, (xii) a member of the Civil Nuclear Constabulary, or (xiii) an employee of the Civil Nuclear Police Authority appointed under paragraph 6 of Schedule 10 to the Energy Act 2004, (b) “relevant local policing body” , except in relation to an appeal under section 85 that relates to proceedings conducted under regulations made in pursuance of section 50(3A) or section 51(2B), means the local policing body which maintains— (i) the police force of which the person to whom the appeal relates is a member, or (ii) the police force for the area for which the person to whom the appeal relates is appointed as a special constable, as the case may be. (ba) “the relevant local policing body”, in relation to an appeal under section 85 that relates to proceedings conducted under regulations made in pursuance of section 50(3A) or section 51(2B), means the local policing body which maintains— (i) the police force of which the person to whom the appeal relates was last a member, or (ii) the police force for the area for which the person to whom the appeal relates was last appointed as a special constable, as the case may be. (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .