OpenLegislation

Regulation 45 FindingI1

England and Wales

(1)

Following the F1second stage meeting, the panel must make a finding as to whether—

(a)

in a case falling within regulation 30(2), the performance or attendance of the officer concerned during the period specified in accordance with F2regulation 17(6A) has been satisfactory;

(b)

in a case falling within regulation 30(4), the performance or attendance of the officer concerned during any part of the validity period of the F3written improvement notice remaining after the expiry of the period specified in accordance with F4regulation 17(6A) has been satisfactory; or

(c)

in a case falling within regulation 32, the performance of the officer concerned constitutes gross incompetence, unsatisfactory performance or neither.

(2)

The panel must prepare (or must cause to be prepared) their decision in writing which must state the finding and their reasons, as well as any outcome which they order under regulation 46.

(3)

As soon as reasonably practicable and in any event before the end of 3 working days beginning with the first working day after the conclusion of the meeting, the panel chair must give a written copy of the decision to—

(a)

the officer concerned, and

(b)

the line manager.

(4)

Where the panel have made a finding of unsatisfactory performance or attendance or gross incompetence, the copy of the decision given to the officer concerned must be accompanied by a written notice setting out the circumstances in which and the time within which a police officer may appeal to a police appeals tribunal under the Police Appeals Tribunals Rules 2020f1.

(5)

Any finding or decision of the panel under this regulation or regulation 46 must be based on a simple majority but must not indicate whether it was taken unanimously or by a majority.

Annotations

Textual amendments

F1

Words in reg. 45(1) substituted (28.5.2025) by The Police (Conduct, Performance and Complaints and Misconduct) (Amendment) Regulations 2025 (S.I. 2025/558), regs. 1(1), 51(a) (with reg. 65)

F2

Words in reg. 45(1)(a) substituted (28.5.2025) by The Police (Conduct, Performance and Complaints and Misconduct) (Amendment) Regulations 2025 (S.I. 2025/558), regs. 1(1), 51(b) (with reg. 65)

F3

Words in reg. 45(1)(b) substituted (28.5.2025) by The Police (Conduct, Performance and Complaints and Misconduct) (Amendment) Regulations 2025 (S.I. 2025/558), regs. 1(1), 51(c)(i) (with reg. 65)

F4

Words in reg. 45(1)(b) substituted (28.5.2025) by The Police (Conduct, Performance and Complaints and Misconduct) (Amendment) Regulations 2025 (S.I. 2025/558), regs. 1(1), 51(c)(ii) (with reg. 65)

Commencement

I1

Reg. 45 in force at 1.2.2020, see reg. 1

Footnotes

f1

S.I. 2020/1.

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)