OpenLegislation

Regulation 6 Procedure on notice of appealF1I1

Northern Ireland

(1)

As soon as practicable after receipt of a copy of the notice of appeal, the respondent shall provide to the Police Authority—

(a)

a copy of the report of the person who made the decision appealed against;

(b)

the transcript of the proceedings at the original hearing; and

(c)

any documents which were made available to the person conducting the original hearing.

(2)

A copy of the transcript mentioned in paragraph (1)(b) shall at the same time be sent to the appellant.

(3)

Subject to regulation 7(1), the appellant shall, within 28 days of the date on which he receives a copy of the transcript mentioned in paragraph (1)(b), submit to the Police Authority—

(a)

a statement of the grounds of appeal;

(b)

any supporting documents; and

(c)

either—

(i)

any written representations which the appellant wishes to make under regulation 9 or, as the case may be, any request to make oral representations under that regulation, or

(ii)

a statement that he does not wish to make any such representations as are mentioned in sub-paragraph (3)(c)(i):

Provided that, in a case where the appellant submits a statement under sub-paragraph (3)(c)(ii), nothing in paragraph (3)(c) shall prevent representations under regulation 9 being made by him to the chairman of the tribunal.

(4)

The documents submitted to the Police Authority under paragraph (3) shall, as soon as practicable, be copied to the members of the tribunal and to the respondent.

(5)

The respondent shall, not later than 21 days from the date on which he receives the copy documents sent to him under paragraph (4), submit to the Police Authority—

(a)

a statement of his response to the appeal;

(b)

any supporting documents; and

(c)

either—

(i)

any written representations which the respondent wishes to make under regulation 9 or, as the case may be, any request to make oral representations under that regulation; or

(ii)

a statement that he does not wish to make any such representations as are mentioned in sub-paragraph (5)(c)(i):

Provided that, in a case where the respondent submits a statement under sub-paragraph (5)(c)(ii), nothing in paragraph (5)(c) shall prevent representations under regulation 9 being made by him to the chairman of the tribunal.

(F26)

The respondent shall at the same time send a copy of the documents referred to in paragraph 5 to the appellant

(7)

The documents submitted to the Police Authority under F3paragraphs (1) and (5) shall, as soon as practicable, be copied to members of the tribunal.

(8)

So far as applicable, regulations 14 and 15 shall apply in relation to the hearing of any oral representations under regulation 9, and the appellant and the respondent shall be entitled to be represented at the hearing of such oral representations as if it were the hearing of such an appeal.

Annotations

Textual amendments

F1

Regulations revoked with savings (1.6.2016) by The Police Appeals Tribunals Regulations (Northern Ireland) 2016 (S.R. 2016/43), reg. 2(1) (with reg. 2(2))

F2

Words in reg. 6(6) substituted (10.9.2004) by Police Service of Northern Ireland (Conduct etc) (Amendment) Regulations 2004 (S.R. 2004/315), regs. 1, 5(a)

F3

Words in reg. 6(7) substituted (10.9.2004) by Police Service of Northern Ireland (Conduct etc) (Amendment) Regulations 2004 (S.R. 2004/315), regs. 1, 5(c)

Commencement

I1

Reg. 6 in operation at 6.11.2000, see reg. 1

Notes on the whole SR

Textual amendments

F2

Words repealed (14.03.2003) by Police Service of Northern Ireland (Conduct) Regulations 2003 (S.R. 2003/68), regs. 1, 7