Regulation 18 Assessment of performance following inefficiency hearing
This regulation applies where the constable has been given a written warning in terms of paragraph (1)(c) of regulation 17.
Not later than 14 days after the end of the period specified in the warning, the reporting officer and the countersigning officer shall—
assess the constable’s performance during that period;
cause to be prepared a report on the performance which shall be submitted to the chairman of the inefficiency hearing; and
send a copy of the report to the constable and inform him that he may submit written comments to the chairman of the inefficiency hearing not later than 7 days after the date on which it was sent.
The chairman of the inefficiency hearing—
shall consider the report and any recommendation contained in it;
shall consider any written comments made by or on behalf of the constable by virtue of paragraph (2)(c); and
if he is satisfied that there has been an insufficient improvement in the constable’s performance, shall require the constable to resign from the force with effect from the end of the period of one month after the date on which notification of the decision is made; or
if he is satisfied that there has been a sufficient improvement in performance, shall record that decision and direct that no further proceedings shall be taken under these Regulations in relation to the period in question.
The chairman of the inefficiency hearing shall record his decision in writing and shall forthwith send a copy of it to—
the constable;
the assistant chief constable;
the personnel officer;
the countersigning officer; and
the reporting officer.
Where the chairman of the inefficiency hearing requires the constable to resign pursuant to paragraph (3)(c) and the constable has not resigned from the force in accordance with the requirement, then the effect of the decision shall be to dismiss the constable from the force with effect from the end of the period of one month after the date on which notification of the decision was made in terms of paragraph (4).
Where at the time the report mentioned in paragraph (2)(b) is submitted the chairman of the inefficiency hearing is absent, incapacitated or suspended from duty and it is likely that his absence, incapacity or suspension will continue for a period of more than 28 days, the assistant chief constable shall arrange for another constable, being a constable who would have been eligible for appointment as chairman of the inefficiency hearing in terms of regulation 14(1) and (2) in relation to the hearing in question, to carry out in relation to the constable the functions of the chairman of the inefficiency hearing specified in this regulation and, accordingly, in relation to the constable whose performance is under consideration, references to the chairman of the inefficiency hearing in regulations 19 to 21 shall, in relation to an appeal made under regulation 19(2), be construed as including any constable appointed in accordance with this paragraph to carry out functions of the chairman of the inefficiency hearing.