{
  "url": "https://openlegislation.uk/police-performance-and-attendance-regulations-northern-ireland-2016/note",
  "json_url": "https://openlegislation.uk/police-performance-and-attendance-regulations-northern-ireland-2016/note.json",
  "legislation": "nisr/2016/42",
  "legislation_title": "The Police (Performance and Attendance) Regulations (Northern Ireland) 2016",
  "legislation_url": "https://openlegislation.uk/police-performance-and-attendance-regulations-northern-ireland-2016",
  "path": "note",
  "kind": "note",
  "number": null,
  "heading": "Explanatory note",
  "text": "(This note is not part of the Regulations)\nThese Regulations establish procedures for proceedings in respect of unsatisfactory performance or attendance of members of the rank of chief superintendent or below (excluding probationers).\nPart 1 deals with preliminary matters. Regulation 2 revokes the Police (Unsatisfactory Performance and Attendance) Regulations (Northern Ireland) 2010. However, such Regulations shall continue to have effect where formal unsatisfactory performance or attendance procedures have been commenced for the member before the coming into operation of these Regulations. Regulation 4 provides definitions of terms used in these Regulations and makes provision in relation to the delegation of functions of the Chief Constable.\nPart 2 deals with general matters. Regulations 5 and 6 make provision about the role of a police friend under these Regulations and the right to legal representation. Regulation 7 provides for the manner in which a written notice or document is to be given to or supplied to a member. Regulation 8 contains general provision about the procedure for meetings held in accordance with the Regulations. Regulation 9 makes provision for a senior manager to appoint someone to carry out functions of a line manager or a second line manager under the Regulations. Regulations 10 and 11 make provision about extensions and suspensions of certain periods specified in the Regulations.\nPart 3 deals with the first stage of the procedures under the Regulations. It makes provision about the circumstances in which a first stage meeting may be required, the arrangement of such a meeting and the procedures to be followed at and subsequent to the meeting. If the outcome of the meeting is a finding of unsatisfactory performance or attendance, the member concerned will be issued with a written improvement notice under regulation 15. Regulations 16 to 18 make provision for the member concerned to appeal against such a finding and/or particular terms of the notice.\nPart 4 makes similar provision in respect of the second stage of the procedures. A member can be required to attend a second stage meeting following a first stage meeting if, during specified periods, he has failed to improve his performance or attendance, or if he has failed to maintain such an improvement. If the outcome of the second stage meeting is a finding of unsatisfactory performance or attendance, the member concerned will be issued with a final written improvement notice under regulation 22. Regulations 23 to 25 make provision for the member to appeal against such a finding and/or particular terms of the notice.\nPart 5 makes provision in respect of the third stage of the procedures. A member can be required to attend a third stage meeting following a second stage meeting if, during specified periods, he has failed to improve his performance or attendance, or if he has failed to maintain such an improvement. A member can also be required to attend a third stage meeting, even where he has not attended a first or second stage meeting, if the appropriate authority considers that the performance of the member concerned constitutes gross incompetence. A third stage meeting is conducted by a panel of three persons appointed by the appropriate authority in accordance with regulation 30. Regulation 31 gives the member concerned the right to object to any of the panel members. Regulations 32 to 37 deal with procedural matters relating to the third stage meeting, witnesses and the timing of the meeting. Regulation 38 makes provision for the decision of the panel following the third stage meeting, which must set out the panel’s finding, its reasons and any outcome ordered under regulation 39. Regulations 40 to 42 make provision for the performance or attendance of the member concerned to be assessed following the third stage meeting where the panel have ordered the issue of a written improvement notice, or the issue or extension of a final written improvement notice. In such a case, the member concerned may be required to attend a further meeting under these Regulations in connection with his performance or attendance.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/nisr/2016/42/note",
    "retrieved_at": "2026-10-29T00:58:35.138787+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."
}