Article 5 Reply by the respondent

(1)

The respondent shall, not later than 21 days after the date on which a copy of the notice of appeal was sent to him in terms of rule 4(7), send to the Registrar a notice stating—

(a)

whether or not the respondent intends to oppose the appeal; and

(b)

the name and address of any representative of the respondent to whom any communication relating to the appeal should be sent.

(2)

Where the respondent intends to oppose the appeal, the respondent shall attach to the notice—

(a)

a statement setting out fully on what grounds the appeal is opposed and any representations with respect to the information contained with the appellant’s notice of appeal;

(b)

where the disputed decision was made under the Conduct Regulations, a certified copy of—

(i)

the misconduct form prepared in connection with the proceedings which were the subject of the misconduct hearing;

(ii)

the written note summarising the proceedings at the misconduct hearing prepared by the chairman of that hearing in terms of those Regulations; and

(iii)

the document prepared by the chief constable in terms of regulation 21(6) of those Regulations;

(c)

where the disputed decision was made under the Senior Officers' Conduct Regulations, a certified copy of—

(i)

the report of the tribunal submitted in terms of regulation 23(1) of those Regulations; and

(ii)

the discipline form prepared in connection with the proceedings which were the subject of the misconduct hearing and which includes the decision of the police authority under regulation 25(2) of those Regulations;

(d)

where the disputed decision was made under the Efficiency Regulations, a certified copy of—

(i)

the written note summarising the proceedings of the inefficiency hearing prepared by the chairman of that hearing in terms of those Regulations;

(ii)

the notice requiring the constable to attend that hearing; and

(iii)

the decision of the chief constable notified in terms of regulation 21(7) of those Regulations; and

(e)

any documentary evidence upon which the respondent intends to rely for the purposes of opposing the appeal.

(3)

The notice and statement submitted in terms of paragraph (2)(a) shall be signed—

(a)

where the respondent is the chief constable, by the chief constable or, in his absence, by an assistant chief constable of the relevant police force; or

(b)

where the respondent is a police authority, by an officer of the authority who is authorised to sign such documents.

(4)

Where the respondent considers that he or, as the case may be, they cannot provide with the notice under paragraph (1) any document required by paragraph (2), he or they may include in the notice a request for an extension of the time limit for submission of any such document which sets out the reasons why an extension is requested.

(5)

At the same time as the respondent complies with paragraph (1), the respondent shall send a copy of the notice and, where applicable, the statement and other documents referred to in paragraph (2) to the appellant.

(6)

Following receipt of the notice sent pursuant to paragraph (1), the Registrar shall—

(a)

send an acknowledgement of the receipt to the respondent; and

(b)

provide each member of the tribunal with a copy of the notice and of any accompanying documents.

(7)

Where the respondent’s notice includes a request as mentioned in paragraph (4), the chairman of the tribunal shall decide the matter as soon as reasonably practicable.