Regulation 48 Assessment of performance or attendance following second stage meeting where a written improvement notice has been issued or extendedF20F21I1
England and Wales
This regulation applies where—
the period of a written improvement notice has been extended under regulation 46(3)(d), or
a written improvement notice has been issued under regulation 46(3)(e) or (6).
F2As soon as reasonably practicable after the end of the period specified in accordance with regulation 46(7A) (issue of written improvement notice) or 46(8)(a)(i) (extension of written improvement notice)—
the panel must assess the performance or attendance of the officer concerned (as the case may be) during that period, and
the panel chair must give the officer a written notice as to whether the panel considers that there has been a sufficient improvement in performance or attendance during that period.
If the panel considers that there has not been a sufficient improvement, the panel chair must, at the same time as the panel chair gives a written notice under paragraph (1)(b), also give the officer concerned a written notice that the officer is required to attend another F3second stage meeting to consider the officer’s performance or attendance.
The officer concerned may be required to attend a F4second stage meeting under paragraph (4) where—
the officer has not been required to attend a F5second stage meeting under paragraph (2), or
the officer has been required to attend a F6second stage meeting under paragraph (2) but the panel did not make a finding of unsatisfactory performance or attendance at that meeting.
If the panel considers that the officer concerned has failed to maintain a sufficient improvement in performance or attendance during any part of the validity period of the F7written improvement notice remaining after the expiry of the period specified in accordance with F8regulation 46(7A) or, where the panel orders F9an extension of the period, F10regulation 46(8)(a)(i), the panel chair must give the officer a written notice of the matters set out in paragraph (5).
Those matters are—
that the panel is of the view mentioned in paragraph (4), and
that the officer concerned is required to attend another F11second stage meeting to consider the officer’s performance or attendance.
In a case falling within paragraph (2) or (4), the appropriate authority must give the officer concerned the notice referred to in regulation 31.
Where the officer concerned is required to attend a F12second stage meeting under this regulation, these Regulations have effect as if the case fell within regulation 30(2) or (4), as the case may be.
Where these Regulations have effect in the manner described in paragraph (7)—
references to the validity period of the F15written improvement notice are to be construed as references to the validity period mentioned in regulation 46(7)(d) or (8)(c), as the case may be.
Any F16second stage meeting which a police officer is required to attend under this regulation must concern unsatisfactory performance or attendance which is similar to or connected with the unsatisfactory performance or attendance referred to in the F17written improvement notice issued under regulation 46(3)(e) or (6) or, if amended under F18regulation 46(8)(a)(i), as so amended.
References in this regulation to the panel are references to the panel that conducted the initial F19second stage meeting, subject to paragraph (11).
Where any of the panel members are not able to continue to act as such, the appropriate authority must remove that member from the panel and must appoint a new member to the panel.
If the appropriate authority appoints a new panel member under paragraph (11), it must ensure that the requirements for the composition of the panel in regulation 34 continue to be met.
As soon as reasonably practicable after any such appointment, the appropriate authority must give the officer concerned a written notice of the name of the new panel member.
The officer concerned may object to the appointment of a panel member appointed under paragraph (11).
Any such objection must be made in accordance with regulation 35(2), provided that it must be made before the end of 3 working days beginning with the first working day after receipt of the notice referred to in paragraph (13); and the appropriate authority must comply with regulation 35(3) to (6) in relation to the objection but paragraph (7) of that regulation does not apply.
Annotations
Textual amendments
- F1
Reg. 48(A1) inserted (28.5.2025) by The Police (Conduct, Performance and Complaints and Misconduct) (Amendment) Regulations 2025 (S.I. 2025/558), regs. 1(1), 54(3) (with reg. 65)
- F2
Words in reg. 48(1) substituted (28.5.2025) by The Police (Conduct, Performance and Complaints and Misconduct) (Amendment) Regulations 2025 (S.I. 2025/558), regs. 1(1), 54(4) (with reg. 65)
- F3
Words in reg. 48(2) substituted (28.5.2025) by The Police (Conduct, Performance and Complaints and Misconduct) (Amendment) Regulations 2025 (S.I. 2025/558), regs. 1(1), 54(5) (with reg. 65)
- F4
Words in reg. 48(3) substituted (28.5.2025) by The Police (Conduct, Performance and Complaints and Misconduct) (Amendment) Regulations 2025 (S.I. 2025/558), regs. 1(1), 54(6)(a) (with reg. 65)
- F5
Words in reg. 48(3)(a) substituted (28.5.2025) by The Police (Conduct, Performance and Complaints and Misconduct) (Amendment) Regulations 2025 (S.I. 2025/558), regs. 1(1), 54(6)(b) (with reg. 65)
- F6
Words in reg. 48(3)(b) substituted (28.5.2025) by The Police (Conduct, Performance and Complaints and Misconduct) (Amendment) Regulations 2025 (S.I. 2025/558), regs. 1(1), 54(6)(b) (with reg. 65)
- F7
Words in reg. 48(4) substituted (28.5.2025) by The Police (Conduct, Performance and Complaints and Misconduct) (Amendment) Regulations 2025 (S.I. 2025/558), regs. 1(1), 54(7)(a) (with reg. 65)
- F8
Words in reg. 48(4) substituted (28.5.2025) by The Police (Conduct, Performance and Complaints and Misconduct) (Amendment) Regulations 2025 (S.I. 2025/558), regs. 1(1), 54(7)(b) (with reg. 65)
- F9
Word in reg. 48(4) substituted (28.5.2025) by The Police (Conduct, Performance and Complaints and Misconduct) (Amendment) Regulations 2025 (S.I. 2025/558), regs. 1(1), 54(7)(c) (with reg. 65)
- F10
Words in reg. 48(4) substituted (28.5.2025) by The Police (Conduct, Performance and Complaints and Misconduct) (Amendment) Regulations 2025 (S.I. 2025/558), regs. 1(1), 54(7)(d) (with reg. 65)
- F11
Words in reg. 48(5)(b) substituted (28.5.2025) by The Police (Conduct, Performance and Complaints and Misconduct) (Amendment) Regulations 2025 (S.I. 2025/558), regs. 1(1), 54(8) (with reg. 65)
- F12
Words in reg. 48(7) substituted (28.5.2025) by The Police (Conduct, Performance and Complaints and Misconduct) (Amendment) Regulations 2025 (S.I. 2025/558), regs. 1(1), 54(9) (with reg. 65)
- F13
Words in reg. 48(8)(a) substituted (28.5.2025) by The Police (Conduct, Performance and Complaints and Misconduct) (Amendment) Regulations 2025 (S.I. 2025/558), regs. 1(1), 54(10)(a)(i) (with reg. 65)
- F14
Words in reg. 48(8)(a) substituted (28.5.2025) by The Police (Conduct, Performance and Complaints and Misconduct) (Amendment) Regulations 2025 (S.I. 2025/558), regs. 1(1), 54(10)(a)(ii) (with reg. 65)
- F15
Words in reg. 48(8)(b) substituted (28.5.2025) by The Police (Conduct, Performance and Complaints and Misconduct) (Amendment) Regulations 2025 (S.I. 2025/558), regs. 1(1), 54(10)(b) (with reg. 65)
- F16
Words in reg. 48(9) substituted (28.5.2025) by The Police (Conduct, Performance and Complaints and Misconduct) (Amendment) Regulations 2025 (S.I. 2025/558), regs. 1(1), 54(11)(a) (with reg. 65)
- F17
Words in reg. 48(9) substituted (28.5.2025) by The Police (Conduct, Performance and Complaints and Misconduct) (Amendment) Regulations 2025 (S.I. 2025/558), regs. 1(1), 54(11)(b) (with reg. 65)
- F18
Words in reg. 48(9) substituted (28.5.2025) by The Police (Conduct, Performance and Complaints and Misconduct) (Amendment) Regulations 2025 (S.I. 2025/558), regs. 1(1), 54(11)(c) (with reg. 65)
- F19
Words in reg. 48(10) substituted (28.5.2025) by The Police (Conduct, Performance and Complaints and Misconduct) (Amendment) Regulations 2025 (S.I. 2025/558), regs. 1(1), 54(12) (with reg. 65)
- F20
Words in reg. 48 heading substituted (28.5.2025) by The Police (Conduct, Performance and Complaints and Misconduct) (Amendment) Regulations 2025 (S.I. 2025/558), regs. 1(1), 54(2)(a) (with reg. 65)
- F21
Words in reg. 48 heading substituted (28.5.2025) by The Police (Conduct, Performance and Complaints and Misconduct) (Amendment) Regulations 2025 (S.I. 2025/558), regs. 1(1), 54(2)(b) (with reg. 65)
Commencement
- I1
Reg. 48 in force at 1.2.2020, see reg. 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)