{
  "url": "https://openlegislation.uk/police-appeals-tribunals-scotland-rules-1996/note",
  "json_url": "https://openlegislation.uk/police-appeals-tribunals-scotland-rules-1996/note.json",
  "legislation": "uksi/1996/1644",
  "legislation_title": "The Police Appeals Tribunals (Scotland) Rules 1996",
  "legislation_url": "https://openlegislation.uk/police-appeals-tribunals-scotland-rules-1996",
  "path": "note",
  "kind": "note",
  "number": null,
  "heading": "Explanatory note",
  "text": "(This note is not part of the Rules)\nThese Rules make provision as to the procedure on appeals by constables under section 30 of the Police (Scotland) Act 1967 (“the 1967 Act”) to a police appeals tribunal.\nRule 2 makes provision with respect to the appointment of an officer of the police authority (or, as the case may be, joint police board) to act as the Registrar in terms of the Rules. Certain functions of the Registrar are prescribed including a requirement to keep the Police Appeals Tribunal Register for the relevant area.\nRule 3 prescribes the police authority as the respondent where an appeal is by a senior officer and the chief constable in other cases.\nThe procedure for the making of an appeal by notice is prescribed in rule 4. Except where an extension is permitted, an appellant has 28 days following the decision being appealed to send a notice of appeal.\nIn terms of rule 5, the respondent has 21 days from the date on which he is notified of the appeal in which to notify his intention to oppose the appeal. The respondent requires to submit various documents if the appeal is opposed.\nRule 6 sets out a procedure for the adjustment of each party’s statement of case.\nIn terms of rule 7, the tribunal requires to reach a preliminary decision as to the procedure to follow not later than 3 months after the date on which the notice of appeal was submitted.\nParagraph 6 of Schedule 3 to the 1967 Act provides that a tribunal may determine a case without a hearing provided that the parties are given an opportunity to make representations on this proposal. Rule 8 makes provision for the procedure where a tribunal is minded to determine a case without a hearing. If a party requests the opportunity to make oral representations with regard to the proposal not to hold a hearing of the appeal, arrangements must be made for this purpose.\nRule 9 makes provision for fixing a hearing of the appeal where the tribunal decides to proceed in this way.\nRule 10 makes provision for requiring witnesses to attend a hearing or for persons to produce relevant documents. The chairman of the tribunal may issue a notice either on the application of a party or on the authority of the tribunal on its own motion. The provisions of section 210(4) and (5) of the Local Government (Scotland) Act 1973 are applied with modifications. These provisions empower the chairman to require attendance or production subject to certain conditions. Refusal or wilful neglect to attend in obedience to a notice or to fail to produce documents or otherwise interfere with the documents is an offence. Provision is also made with respect to objections to applications by a party for the issuing of a notice under rule 10.\nRule 11 enables the appellant to withdraw his appeal subject to certain conditions.\nRule 12 provides that hearings shall be in private unless the tribunal with the consent of the parties otherwise directs. A member of the Council on Tribunals or of the Scottish Committee of the Council may attend hearings.\nRules 13 to 15 provide for procedural matters relating to hearings before a tribunal. Procedure is within the discretion of the tribunal subject to these provisions. Parties are entitled to give evidence, call witnesses and to address the tribunal.\nRule 16 makes provision with respect to the tribunal’s decision. With certain exceptions, the decision requires to be made within the period of 6 months from receipt of the notice of appeal if no hearing takes place or within one month after a hearing.\nRule 17 makes provision for dealing with irregularities resulting from failure to comply with the Rules or a direction of the tribunal.\nRules 18 and 19 make provision with respect to proof of documents, certification of decisions and sending of documents.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1996/1644/note",
    "retrieved_at": "2026-10-29T12:40:38.914646+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}