OpenLegislation

Regulation 32 Circumstances in which a second stage meeting may be required without a prior first stage meetingF3F4I1

England and Wales

(1)

This regulation applies where the appropriate authority—

(a)

decides that the performance of a police officer constitutes gross incompetence;

(b)

has a duty under paragraph 23(5B) of Schedule 3 to the 2002 Act (duties of appropriate authority in relation to direction by Director General to bring disciplinary proceedings) to comply with a direction, following a determination under paragraph 23(5A)(b) of that Schedule (duties of Director General on receipt or completion of report on investigation)f1 that a person’s performance is unsatisfactory and amounts to gross incompetence;

(c)

decides to accept a recommendation made under paragraph 25(4C)(c) of that Schedule (reviews with respect to an investigation)f2 that misconduct proceedings of the form specified in the recommendation are brought;

(d)

decides to accept a recommendation made under paragraph 25(4E)(c) of that Schedule that misconduct proceedings of the form specified in the recommendation are brought;

(e)

decides to accept a recommendation made under paragraph 27(3A) of that Schedule (recommendation of Director General to appropriate authority)f3 that a police officer’s performance is unsatisfactory and amounts to gross incompetence, or

(f)

has a duty under paragraph 27(4)(b) of that Schedule (duties with respect to disciplinary proceedings etc)f4 to comply with a direction to give effect to a recommendation referred to in sub-paragraph (c) or (e).

(2)

The appropriate authority must inform the officer concerned in writing that the officer is required to attend a meeting to consider performance where this regulation applies.

(3)

Such meeting is referred to in these Regulations as a F1second stage meeting, notwithstanding that the officer concerned has not attended a first stage meeting F2... in respect of such performance.

Annotations

Textual amendments

F1

Words in reg. 32(3) substituted (28.5.2025) by The Police (Conduct, Performance and Complaints and Misconduct) (Amendment) Regulations 2025 (S.I. 2025/558), regs. 1(1), 39(3)(a) (with reg. 65)

F2

Words in reg. 32(3) omitted (28.5.2025) by virtue of The Police (Conduct, Performance and Complaints and Misconduct) (Amendment) Regulations 2025 (S.I. 2025/558), regs. 1(1), 39(3)(b) (with reg. 65)

F3

Words in reg. 32 heading substituted (28.5.2025) by The Police (Conduct, Performance and Complaints and Misconduct) (Amendment) Regulations 2025 (S.I. 2025/558), regs. 1(1), 39(2)(a) (with reg. 65)

F4

Words in reg. 32 heading substituted (28.5.2025) by The Police (Conduct, Performance and Complaints and Misconduct) (Amendment) Regulations 2025 (S.I. 2025/558), regs. 1(1), 39(2)(b) (with reg. 65)

Commencement

I1

Reg. 32 in force at 1.2.2020, see reg. 1

Footnotes

f1

Paragraph 23(5A) and (5B) was inserted by paragraphs 9 and 26 of Schedule 5 to the Policing and Crime Act 2017 (“the 2017 Act”) and paragraph 23(5A) was amended by paragraphs 15 and 56 of Schedule 9 to that Act.

f2

Paragraph 25(4A) to (4J) was inserted by paragraphs 29 and 34(1) and (5) of Schedule 5 to the 2017 Act and amended by paragraphs 15 and 56 of Schedule 9 to that Act.

f3

Paragraph 27(3A) was inserted by section 138(2) and (4) of the Anti-social Behaviour, Crime and Policing Act 2014 (“the 2014 Act”) and amended by paragraph 56(2) of Schedule 9 to the 2017 Act.

f4

Paragraph 27(4) was amended by paragraphs 15 and 56 of Schedule 9 to the 2017 Act.

Notes on Part 5

Textual amendments

F1

Words in Pt. 5 heading substituted (28.5.2025) by The Police (Conduct, Performance and Complaints and Misconduct) (Amendment) Regulations 2025 (S.I. 2025/558), regs. 1(1), 36 (with reg. 65)