Contents
- Part I General
- Part II Appeals to an appeals tribunal
- 4 Respondent
- 5 Notice of appeal
- 6 Procedure on notice of appeal
- 7 Extension of time limits and withdrawal of appeal
- 8 Appeals tribunal
- 9 Decision of the Appeals Tribunal
- 10 Effect of orders
- 11 Representation at hearing
- 12 Procedure at hearing
- 13 Hearing to be in private
- 14 Evidence at hearing
- 15 Statements in lieu of oral evidence
- 16 Attendance of complainant at hearing
- 17 Statement of tribunal’s determination
- 18 Costs and expenses of appeal
Part I · General
2Revocation and transitional provisions#
(1)The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 are amended as follows.
(2)In regulation 9(3), omit sub-paragraph (b).
(a)in paragraph 2, after "Annex I to this Regulation" insert "as it had effect immediately before exit day";
(b)in paragraph 3—
3Interpretation and application#
(1)In these Regulations, the following expressions have the meanings hereby respectively assigned to them, that is to say:—• “appeal tribunal” means the person or persons appointed under regulation 8(1) or (3);• “appellant” means any member who has been dealt with by way of a conduct or unsatisfactory performance hearing and who wishes to appeal the decision, where that decision has been dismissal, a requirement to resign or a reduction in rank;• “Chief Constable” shall be construed as including a reference to a person discharging the functions of the Chief Constable;• “chief officer” means a chief constable of a police force other than the Royal Ulster Constabulary or a commissioner of the police of the Metropolis;• “Code of Conduct” means the code of conduct contained in Schedule 4 of the Royal Ulster Constabulary (Conduct) Regulations 2000;• “complaint” means a complaint to which section 50 of the Act of 1998 applies;• “force” means the Royal Ulster Constabulary and the Royal Ulster Constabulary Reserve;• “hearing” has the meaning assigned thereto by regulation 12;• “inspector” includes chief inspector;• “inspector of constabulary” means one of Her Majesty’s Inspectors of Constabulary;• “member” means a member of the Police Service of Northern Ireland; or a member of the Police Service of Northern Ireland Reserve;• “original hearing” means the conduct or unsatisfactory performance hearing at the conclusion of which the appellant was found to have failed to meet the appropriate standard or, as the case may be, the appellant’s performance was found to have been unsatisfactory;• “police force in the United Kingdom” has the meaning assigned to a police force in the Police Act 1996 or a police force in the Police (Scotland) Act 1967 as the case may be;• “Regulations of 1988” has the meaning assigned thereto by regulation 2(1);• “respondent” has the same meaning as in regulation 4;• “retired officer of appropriate rank” means; where the appellant is of superintendent rank, a retired officer of chief superintendent or superintendent rank and in all other cases, a retired officer of chief inspector rank or below;• “senior officer” means a police officer of the rank of chief constable, deputy chief constable or assistant chief constable;• “supporting documents” has the meaning assigned thereto by regulation 6(3)(b);• “the Act of 1998” means the Police (Northern Ireland) Act 1998;• “tribunal” means such a tribunal as is mentioned in regulation 8(1) and (3).
(2)In regulation 9(3), omit sub-paragraph (b).
Part II · Appeals to an appeals tribunal
4Respondent#
(1)The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 are amended as follows.
(2)In regulation 9(3), omit sub-paragraph (b).
5Notice of appeal#
(1)The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 are amended as follows.
(2)In regulation 9(3), omit sub-paragraph (b).
(3)In regulation 13(17), omit sub-paragraph (b).
(a)in paragraph 2, after "Annex I to this Regulation" insert "as it had effect immediately before exit day";
(b)in paragraph 3—
(4)In regulation 14(31), omit sub-paragraph (c).
6Procedure on notice of appeal#
(1)The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 are amended as follows.
(a)in paragraph 2, after "Annex I to this Regulation" insert "as it had effect immediately before exit day";
(b)in paragraph 3—
(c)by leaving it for the individual at that place.
(2)In regulation 9(3), omit sub-paragraph (b).
(3)In regulation 13(17), omit sub-paragraph (b).
(a)in paragraph 2, after "Annex I to this Regulation" insert "as it had effect immediately before exit day";
(b)in paragraph 3—
(c)by leaving it for the individual at that place.
(i)after "Annex I to this Regulation" insert "as it had effect immediately before exit day";
(ii)after "that Annex" insert "as it had effect immediately before exit day".
(4)In regulation 14(31), omit sub-paragraph (c).
(5)In Article 53a—
(a)in paragraph 2, after "Annex I to this Regulation" insert "as it had effect immediately before exit day";
(b)in paragraph 3—
(c)by leaving it for the individual at that place.
(i)after "Annex I to this Regulation" insert "as it had effect immediately before exit day";
(ii)after "that Annex" insert "as it had effect immediately before exit day".
(6)In Article 115A, omit paragraph 2.
(7)Information within this paragraph is such information as the Treasury may reasonably require for the purpose of—
(8)The Treasury may specify the way in which, and the period within which, information is to be provided.
7Extension of time limits and withdrawal of appeal#
(1)The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 are amended as follows.
(2)In regulation 9(3), omit sub-paragraph (b).
(3)In regulation 13(17), omit sub-paragraph (b).
(4)In regulation 14(31), omit sub-paragraph (c).
(5)In Article 53a—
8Appeals tribunal#
(1)The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 are amended as follows.
(a)in paragraph 2, after "Annex I to this Regulation" insert "as it had effect immediately before exit day";
(b)in paragraph 3—
(c)by leaving it for the individual at that place.
(i)after "Annex I to this Regulation" insert "as it had effect immediately before exit day";
(ii)after "that Annex" insert "as it had effect immediately before exit day".
(2)In regulation 9(3), omit sub-paragraph (b).
(3)In regulation 13(17), omit sub-paragraph (b).
(a)in paragraph 2, after "Annex I to this Regulation" insert "as it had effect immediately before exit day";
(b)in paragraph 3—
(c)by leaving it for the individual at that place.
(d)on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine (or both).
(4)In regulation 14(31), omit sub-paragraph (c).
9Decision of the Appeals Tribunal#
(1)The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 are amended as follows.
(2)In regulation 9(3), omit sub-paragraph (b).
(a)in paragraph 2, after "Annex I to this Regulation" insert "as it had effect immediately before exit day";
(b)in paragraph 3—
(3)In regulation 13(17), omit sub-paragraph (b).
10Effect of orders#
(1)The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 are amended as follows.
(2)In regulation 9(3), omit sub-paragraph (b).
(3)In regulation 13(17), omit sub-paragraph (b).
11Representation at hearing#
Where a hearing is held—
(a)in paragraph 2, after "Annex I to this Regulation" insert "as it had effect immediately before exit day";
(b)in paragraph 3—
12Procedure at hearing#
(1)The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 are amended as follows.
(2)In regulation 9(3), omit sub-paragraph (b).
(3)In regulation 13(17), omit sub-paragraph (b).
(4)In regulation 14(31), omit sub-paragraph (c).
13Hearing to be in private#
(1)The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 are amended as follows.
(2)In regulation 9(3), omit sub-paragraph (b).
(3)In regulation 13(17), omit sub-paragraph (b).
14Evidence at hearing#
(1)The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 are amended as follows.
(2)In regulation 9(3), omit sub-paragraph (b).
(3)In regulation 13(17), omit sub-paragraph (b).
(4)In regulation 14(31), omit sub-paragraph (c).
(5)In Article 53a—
15Statements in lieu of oral evidence#
(1)The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 are amended as follows.
(2)In regulation 9(3), omit sub-paragraph (b).
(3)In regulation 13(17), omit sub-paragraph (b).
16Attendance of complainant at hearing#
(1)The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 are amended as follows.
(2)In regulation 9(3), omit sub-paragraph (b).
(3)In regulation 13(17), omit sub-paragraph (b).
17Statement of tribunal’s determination#
(1)The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 are amended as follows.
(2)In regulation 9(3), omit sub-paragraph (b).
(3)In regulation 13(17), omit sub-paragraph (b).
(4)In regulation 14(31), omit sub-paragraph (c).
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