# The Police (Performance) Regulations 2020, Regulation 12: Meeting following investigation under Schedule 3 to the 2002 Act

Extent: E+W

(1) The appropriate authority must direct the line manager of the officer concerned to take the action specified in paragraph (2) ... or (4), as the case may be, where—
(a) regulation 32 does not apply, and
(b) the appropriate authority—
(i) receives an investigator’s report submitted under paragraph 22 or 24A of Schedule 3 to the 2002 Act (final reports on investigations), and in making a determination under paragraph 24(6) (action by the appropriate authority in response to an investigation report) or 24C(4) of that Schedule (action by the Director General in response to an investigation report), considers that the performance of a police officer is unsatisfactory;
(ii) has a duty under paragraph 23(5B) of that Schedule (duties of appropriate authority in relation to direction by Director General to bring disciplinary proceedings) to comply with a direction to bring disciplinary proceedings, following a determination under paragraph 23(5A)(b) of that Schedule (duties of Director General on receipt or completion of report on investigation) that a person’s performance is unsatisfactory;
(iii) accepts a recommendation made under paragraph 25(4C)(c) of that Schedule (reviews with respect to an investigation) that misconduct proceedings of the form specified in the recommendation are brought;
(iv) accepts a recommendation made under paragraph 25(4E)(c) of that Schedule that misconduct proceedings of the form specified in the recommendation are brought;
(v) accepts a recommendation made under paragraph 27(3A) of that Schedule (recommendation of Director General to appropriate authority) in relation to the unsatisfactory performance of a police officer, or
(vi) has a duty under paragraph 27(4)(b) of that Schedule (duties with respect to disciplinary proceedings etc) to comply with a direction to give effect to a recommendation referred to in paragraph (iii) or (v).
(2) In a case where—
(a) the officer concerned has received a written improvement notice under regulation 18 or 46 in relation to unsatisfactory performance which is similar to or connected with the unsatisfactory performance to which the determination mentioned in paragraph (1)(b)(i) or (ii) or the recommendation mentioned in paragraph (1)(b)(iii), (iv) or (v) relates, and
(b) the validity period of the written improvement notice, within the meaning of regulation 18(4) or 46(7)(d), or, where the period of the written improvement notice has been extended under regulation 46(3)(d), within the meaning of regulation 46(8)(c), has not expired,
the line manager must require the officer to attend a second stage meeting.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) In any other case, the line manager must require the officer concerned to attend a first stage meeting.
(5) The line manager must comply with a direction given by the appropriate authority under paragraph (1).
(6) Where a police officer is required to attend a meeting under this regulation—
(a) regulations 16 to 21 apply, if the meeting is a first stage meeting; and
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) regulations 31, 34 to 39 and 42 to 49 apply, if the meeting is a second stage meeting,
but this is subject to paragraphs (7) and (8).
(7) Subject to the harm test under these Regulations (see regulation 4(3)), the duty to provide documents in each of regulations 16(2) ... and 31(2) has effect as a duty to provide the officer concerned with a copy of—
(a) the investigator’s report submitted under paragraph 22 or 24A of Schedule 3 to the 2002 Act;
(b) any determination of the Director General under paragraph 23(5A)(b) of that Schedule;
(c) any recommendation of the Director General made under paragraph 25(4C)(c) of that Schedule,
(d) any recommendation of a local policing body made under paragraph 25(4E)(c) of that Schedule, and
(e) any recommendation of the Director General made under paragraph 27(3A) of that Schedule.
(8) Where a police officer is required to attend a second stage meeting under paragraph (2) by reason of the fact that the officer is subject to a written improvement notice issued under regulation 46—
(a) the meeting must be conducted by the same panel as conducted the initial second stage meeting;
(b) regulation 48(11) to (15) apply in relation to that panel, and
(c) the officer concerned does not have the right to object to panel members under regulation 35, except in accordance with regulation 48(15).
(9) Where the appropriate authority fails to make the determination referred to in paragraph (1)(b)(i) (in so far as it involves consideration of the performance of a police officer) before the end of 15 working days beginning with the first working day after receipt of the investigator’s report, it must notify the officer concerned of the reason for this.

---
Source: https://www.legislation.gov.uk/uksi/2020/3/regulation/12 (the official version)
Page: https://openlegislation.uk/police-performance-regulations-2020/regulation-12
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.