The Police (Performance) Regulations 2020

Publication Date:January 01, 2020
 
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2020No. 3

POLICE, ENGLAND AND WALES

The Police (Performance) Regulations 2020

Made6thJanuary2020

Laid before Parliament10thJanuary2020

Coming into force1stFebruary2020

CONTENTS

PART 1

Preliminary

1. Citation and commencement

2. Application

3. Revocations and transitional provisions

4. Interpretation and delegation

PART 2

General

5. Police friend

6. Legal and other representation

7. Provision of notices or documents

8. Procedure at meetings under these Regulations

9. Nominated persons

10. Reference to certain periods

11. Suspension of certain periods

12. Meeting following investigation under Schedule 3 to the 2002 Act

13. Provision of information to the Director General

14. Meeting following referral under the Conduct Regulations

PART 3

First stage

15. Circumstances in which a first stage meeting may be required

16. Arrangement of first stage meeting

17. Procedure at first stage meeting

18. Procedure following first stage meeting

19. Appeal against the finding and outcome of a first stage meeting

20. Arrangement of first stage appeal meeting

21. Procedure at first stage appeal meeting

PART 4

Second stage

22. Circumstances in which a second stage meeting may be required

23. Arrangement of second stage meeting

24. Circumstances in which a second stage meeting may be required without a first stage meeting

25. Procedure at second stage meeting

26. Procedure following second stage meeting

27. Appeal against the finding and outcome of a second stage meeting

28. Arrangement of second stage appeal meeting

29. Procedure at second stage appeal meeting

PART 5

Third stage

30. Assessment following second stage meeting

31. Arrangement of a third stage meeting

32. Circumstances in which a third stage meeting may be required without a prior first or second stage meeting

33. Arrangement of a third stage meeting without a prior first or second stage meeting

34. Appointment of panel members

35. Right of officer concerned to object to panel members

36. Procedure on receipt of notice of third stage meeting

37. Witnesses

38. Timing and notice of third stage meeting

39. Postponement and adjournment of a third stage meeting

40. Participation of Director General and investigator at third stage meeting

41. Attendance of complainant or interested person at third stage meeting

42. Attendance of others at a third stage meeting

43. Exclusion from a third stage meeting

44. Procedure at a third stage meeting

45. Finding

46. Outcomes

47. Assessment of performance or attendance following third stage meeting where a written improvement notice has been issued

48. Assessment of performance or attendance following third stage meeting where a final written improvement notice has been issued or extended

49. Third stage meeting under regulation 48

PART 6

Police barred list

50. Amendment of the Police Barred List and Police Advisory List Regulations 2017

The Secretary of State makes the following Regulations, in exercise of the powers conferred by sections 50(1), (2)(e), (3), (4) and (7), 51(1), (2)(ba), (2A), (3A) and (4), 84(1), (2), (3) and (6) and 88F(5) of the Police Act 1996( 1) and section 36(1)(a) and (b) of the Police Reform Act 2002( 2).

In accordance with section 63(3)(a) of the Police Act 1996( 3), the Secretary of State has supplied a draft of these Regulations to the Police Advisory Board for England and Wales and has taken into consideration the representations made by that Board before making these Regulations.

PART 1

Preliminary

Citation and commencement

1. These Regulations may be cited as the Police (Performance) Regulations 2020 and come into force on 1st February 2020.

Application

2.—(1) Subject to paragraph (2), these Regulations apply where unsatisfactory performance or attendance by a police officer comes to the attention of the line manager of the officer, or a chief officer of police, on or after 1st February 2020.

(2) These Regulations do not apply in relation to—

(a) a member of a police force above the rank of chief superintendent;

(b) an officer of the rank of constable who has not completed the period of probation applicable to the officer.

Revocations and transitional provisions

3.—(1) Subject to paragraph (2), the following Regulations are revoked—

(a) the Police (Performance) Regulations 2012( 4);

(b) the Police (Performance) (Amendment) Regulations 2014( 5).

(2) The Regulations mentioned in paragraph (1) and regulation 7(11)(a) of the Police Barred List and Police Advisory List Regulations 2017( 6) as in force immediately before these Regulations come into force continue to have effect in relation to—

(a) unsatisfactory performance or attendance or gross incompetence which came to the attention of the line manager of an officer or a chief officer of police before 1st February 2020;

(b) unsatisfactory performance or attendance or gross incompetence which came to the attention of the line manager of an officer or a chief officer of police on or after 1st February 2020 but which relates to a matter being handled under the Regulations mentioned in paragraph (1).

Interpretation and delegation

4.—(1) In these Regulations—

“the 1996 Act” means the Police Act 1996;

“the 2002 Act” means the Police Reform Act 2002;

“the Conduct Regulations” means the Police (Conduct) Regulations 2020( 7);

“appropriate authority” means the chief officer of police of the police force concerned;

“complainant” is to be construed in accordance with section 29(2) of the 2002 Act (interpretation of Part 2)( 8);

“complaint” has the meaning given to it by section 12 of the 2002 Act (complaints, matters and persons to which Part 2 applies)( 9);

“conduct matter” has the meaning given to it by section 12 of the 2002 Act( 10);

“Director General” means the Director General of the Independent Office for Police Conduct, established under section 9 of the 2002 Act (the Independent Office for Police Conduct)( 11);

“DSI matter” has the meaning given to it by section 12 of the 2002 Act( 12).

“document” means anything in which information of any description is recorded;

“first stage appeal meeting” has the meaning given to it by regulation 19(8);

“first stage meeting” has the meaning given to it by regulation 15;

“gross incompetence” means a serious inability or serious failure of a police officer to perform the duties of the officer's rank or the role the officer is currently undertaking to a satisfactory standard or level, without taking into account the officer's attendance, to the extent that dismissal would be justified and “grossly incompetent” is to be construed accordingly;

“human resources professional” means a police officer or police staff member who has specific responsibility for personnel matters relating to members of a police force;

“interested person” means a person who has an interest in being kept properly informed about the handling of a complaint, conduct matter or DSI matter in accordance with section 21 of the 2002 Act (duty to provide information for other persons)( 13);

“investigator”, other than in regulation 14, means a person appointed or designated under paragraph 16, 18 or 19 of Schedule 3 to the 2002 Act (investigations)( 14), as the case may be;

“line manager” means the police officer or the police staff member who, in either case, has immediate supervisory responsibility for the officer concerned;

“officer concerned” means the police officer in respect of whom proceedings under these Regulations are, or are proposed to be, taken;

“panel” means a panel appointed by the appropriate authority in accordance with regulation 34 subject to any change to the membership of that panel in accordance with regulation 35 and to regulations 48 and 49;

“police barred list” means the list referred to in section 88B(2) of the 1996 Act (duty to maintain police barred list)( 15);

“police force concerned” means—

(a) the police force of which the officer concerned is a member, or

(b) where the officer concerned is a special constable, the police force maintained for the police area for which the officer is appointed as a special constable;

“police friend” means a person chosen by the officer concerned in accordance with regulation 5;

“police officer” means a member of a police force or a special constable;

“police staff member” means—

(a) a member of the civilian staff of a police force, within the meaning of section 102(4) and (6) of the Police Reform and Social Responsibility Act 2011 (interpretation of Part 1)( 16), or

(b) an employee of the Common Council of the City of London who is under the direction and control of a chief officer;

“proposed witness” means a witness whose attendance at a third stage meeting the officer concerned or the appropriate authority (as the case may be) wishes to request of the panel chair;

“relevant lawyer” has the same meaning as in section 84(4) of the 1996 Act (representation at disciplinary and other proceedings)( 17);

“relevant terms of the final written improvement notice” has the meaning given to it by regulation 27;

“relevant terms of the written improvement notice” has the meaning given to it by regulation 19;

“second line manager” means the person appointed by the appropriate authority to act as the second line manager for the purposes of these Regulations in relation to the officer concerned and who is either—

(a) a member of the police force concerned having supervisory responsibility for the line manager and who (in a case where the line manager is a member of the force) is senior in rank to the line manager, or

(b) a police staff member who has supervisory responsibility for the line manager;

“second stage appeal meeting” has the meaning given to it by regulation 27(8);

“second stage meeting” has the meaning given to it by regulation 22(2) or 24(5)(e), as the context requires;

“senior manager” means—

(a) the police officer or police staff member who is the supervisor of the person who is, in relation to the officer concerned, the second line manager, or

(b) in the absence of such...

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