Regulation 5 Further report by relevant authority to College under section 88F: timing and contentI1
England and Wales
Where the relevant authority is required to make a further report to the College under section 88F(2) in relation to a person (“P”), the relevant authority must do so before the end of 5 working days beginning with the date on which the removal condition is satisfied in relation to P.
The further report must include the following information in relation to P—
the information mentioned in regulation 3(2)(a) to (c);
the date on which the removal condition was satisfied;
where paragraph (a) or (b) of section 88F(1) applies to P, the nature of the proceedings mentioned in the applicable paragraph;
where paragraph (c) of section 88F(1) applies to P, the nature of the complaint under section 111 of the Employment Rights Act 1996f1 and a summary of the finding mentioned in that paragraph;
where paragraph (d) of section 88F(1) applies to P, the nature of the appeal proceedings, and the finding made in those proceedings.
For the purposes of this regulation, “the removal condition” is satisfied in relation to P—
where paragraph (a) of section 88F(1) applies to P, when P is reinstated as mentioned in that paragraph;
where paragraph (b) or (d) of section 88F(1) applies to P, when the finding mentioned in that paragraph is set aside as so mentioned;
where paragraph (c) of section 88F(1) applies to P, when the finding mentioned in that paragraph is made.
For the purposes of paragraph (2)(e), “appeal proceedings” means any internal review or appeal during which a decision taken in disciplinary proceedings in relation to P is considered and may be set aside.
Annotations
Commencement
- I1
Reg. 5 in force at 15.12.2017, see reg. 1
Footnotes
- f1
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1996 c.18. Section 111 was amended by section 1 of the Employment Rights (Dispute Resolution) Act 1998 (c.8). There are other amendments to section 111 which are not relevant for the purposes of these Regulations.