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Regulation 20 Procedure of appeal

Original text. Later amendments are not shown.

(1)

Where the chief constable considers that it is necessary for the purpose of determining the appeal, he may afford the opportunity to the appellant and to the chairman of the inefficiency hearing of making oral representations in relation to the subject matter of the appeal.

(2)

Where the chief constable decides to afford the opportunity to make oral representations, he shall give reasonable notice of the time and place at which those representations may be made.

(3)

At any hearing fixed for the purposes of paragraph (1)—

(a)

each of the appellant and the chairman of the inefficiency hearing may be represented by another constable of a police force selected by him or by an advocate or a solicitor; and

(b)

the chief constable may put questions to any of those persons or any representative of them.

(4)

The chief constable may, if he considers it necessary or expedient, adjourn an appeal under regulation 19(1) and request the chairman of the inefficiency hearing held in terms of regulation 14—

(a)

to provide further information relating to any matter arising from his consideration of the papers; or

(b)

to carry out a further hearing in relation to any such matters.

(5)

Where the chief constable requests the chairman of the inefficiency hearing to carry out a hearing in relation to any matter as mentioned in paragraph (4), the provisions of regulations 13 (other than paragraph (d)), 14 and 15(1) shall apply to the hearing as they apply to an inefficiency hearing held in terms of regulation 14.

(6)

Where the chief constable requests further information relating to any matter, he shall not have regard to that information unless—

(a)

the information was available to the constable at the time of the inefficiency hearing; or

(b)

the constable has been afforded an opportunity to make representations in relation to the information.