Article 10 Notice of appeal out of timeI1

England and Wales

(1)

This rule applies where a police officer or a former police officer wishes to give notice of an appeal to a tribunal after the end of the period mentioned in rule 9(1).

(2)

A police officer or a former police officer may give notice of the appeal within a reasonable time after the end of that period.

(3)

The notice must be accompanied by the reasons why it was not given within that period and the reasons for the officer's view that it has been given within a reasonable time after that period.

(4)

Upon receipt—

(a)

where functions have been delegated under rule 7, the relevant local policing body must supply a copy of the notice and the reasons to the relevant person, and

(b)

in all cases, the relevant person must supply a copy of the notice and the reasons to the chair who must determine—

(i)

whether it was reasonably practicable for the notice to be given within the period mentioned in rule 9(1); and

(ii)

whether the notice has been given within a reasonable time after the end of that period.

(5)

If the chair determines either that it was reasonably practicable for the notice to be given within that period or that the notice has not been given within a reasonable time after the end of such period, the appeal must be dismissed.

(6)

Where the appeal is not dismissed under paragraph (5), the appeal must proceed and the chair must give directions for the application of rule 13 to the appeal.

Annotations

Commencement

I1: Rule 10 in force at 1.2.2020, see rule 1