Regulation 31 Amendment of the Police Appeals Tribunal Rules 2020I1

England and Wales

(1)

The Police Appeals Tribunals Rules 2020^f1 are amended as follows.

(2)

In rule 3 (interpretation and general provision as to written notices or documents)—

(a)

after the definition of “the Performance Regulations” insert—

““the Vetting Regulations” means the Police (Vetting) Regulations 2025;”,

(b)

after the definition of “disciplinary action” insert—

““original appeal” means, in relation to a decision which is being appealed to a tribunal in accordance with rule 5A, the appeal to the panel which made the relevant decision;”,

(c)

in the definition of “original hearing”, after “means” insert “, in relation to a decision which is being appealed to a tribunal in accordance with rule 4, 5 or 6”,

(d)

in the definition of “relevant decision”, after “5” insert “, 5A”, and

(e)

in paragraph (2), for “or the Performance Regulations” substitute “, the Performance Regulations or the Vetting Regulations”.

(3)

After rule 5 (circumstances in which a police officer may appeal to a tribunal – Performance Regulations) insert—

“Circumstances in which a police officer may appeal to a tribunal – Vetting Regulations
5A
(1)
A police officer may appeal to a tribunal in reliance on one or more of the grounds of appeal referred to in paragraph (2) against any decision under regulation 30 of the Vetting Regulations to confirm a decision to withdraw their vetting clearance.
(2)
The grounds of appeal under this rule are—
(a)
that the decision was unreasonable;
(b)
that there is evidence that could not reasonably have been considered as part of the withdrawal assessment which could have materially affected the decision, or
(c)
that there was a breach of the procedures set out in the Vetting Regulations or unfairness which could have materially affected the decision.”.

(4)

In rule 9 (notice of appeal), in paragraph (3), at the beginning, for “The” substitute “Where the officer or former officer wishes to appeal to the tribunal in accordance with rule 4, 5 or 6, the”.

(5)

In rule 13 (procedure on notice of appeal)—

(a)

in paragraph (3)(a)—

(i)

after “original hearing” insert “or original appeal”,

(ii)

for “Conduct Regulations or” substitute “Conduct Regulations,”, and

(iii)

at the end, insert “or regulation 30(4) of the Vetting Regulations”,

(b)

in paragraph (3)(b), at the end, insert “or original appeal”,

(c)

in paragraph (6)—

(i)

in sub-paragraph (a), after “5(6)(b)” insert “, 5A(2)(b)”, and

(ii)

in sub-paragraph (b), in paragraph (ii), after “original hearing” insert “or as part of the original appeal”, and

(d)

in paragraph (10)—

(i)

in sub-paragraph (a), after “5(6)(b)” insert “, 5A(2)(b)”, and

(ii)

in sub-paragraph (b), in paragraph (i), after “5(6)(b)” insert “, 5A(2)(b)”.

(6)

In rule 22 (attendance at hearing)—

(a)

after paragraph (2) insert—

“(2A)
Subject to paragraph (3), the hearing of an appeal brought in accordance with rule 5A must be held in private.”, and

(b)

in paragraph (3), after “rule 5” insert “or 5A”.

(7)

In rule 26 (statement of tribunal’s determination)—

(a)

in paragraph (2)—

(i)

after “rule 5(6)(b) or (c)” insert “, rule 5A(2)(b) or (c)”, and

(ii)

for “or the Performance Regulations” substitute “, the Performance Regulations or the Vetting Regulations”,

(b)

in paragraph (3), for “or the Performance Regulations” substitute “, the Performance Regulations or the Vetting Regulations”, and

(c)

in paragraph (17), at the end, insert “or rule 5A”.

Annotations

Commencement

I1: Reg. 31 in force at 14.5.2025, see reg. 1(1)

Footnotes

f1: S.I. 2020/1, to which there are amendments not relevant to these Regulations.