Police Negotiating Board for Scotland: constitution

Part Three – Appointment of Arbitrators to Standing Panel

42. There is to be a standing panel of three arbitrators.

43. The standing panel is to be appointed, and any vacancies in the standing panel filled, as follows: a) The Board selects individuals from a list of arbitrators provided by Acas Scotland; b) The Board recommends individuals to the Scottish Ministers; c) If the Scottish Ministers consider those individuals suitable for resolving PNBS disputes the Scottish Ministers may appoint them to the standing panel.

44. The Board, together with the Scottish Ministers, is to identify which member of the panel will act as the Chair of the panel. The Chair will regulate the procedure at the arbitration hearing.

45. Where there is a failure in this appointment procedure, the Scottish Ministers will select and appoint three arbitrators to form the standing panel from an Acas list, and will identify which arbitrator will act as Chair.

46. If one or more of the arbitrators on the standing panel is unavailable at the required time, a reserve (or reserves) may be recommended by Acas and appointed by the Scottish Ministers with the agreement of both Sides.

47. A sole arbitrator may determine the outcome of a dispute if both Sides agree that this will suffice to deal with a matter under referral. The sole arbitrator will generally be the Chair of the standing panel. If the Chair is unavailable, one of the other two members may fulfil this role.

48. Acas will require arbitrators on their selection lists, or appointed to the standing panel, to disclose to the Board any conflict of interest which might give rise to doubt as to their impartiality or independence in relation to Board disputes.

49. If either of the Sides objects to an arbitrator on the grounds of conflict of interest, Acas may consider removing the arbitrator from the standing panel, or from the arbitration of a particular dispute.

50. An arbitrator ceases to be a member of the standing panel if the arbitrator: a) resigns by giving three months’ notice to Acas; b) is removed from the panel on conflict of interest grounds; c) becomes an incapable adult within the meaning of section 1(6) of the Adults with Incapacity (Scotland) Act 2000; or d) dies.

51. Arbitration proceedings involving a panel of arbitrators may continue with the agreement of the Sides, notwithstanding the fact that up to two of the arbitrators are no longer available to act and no reserve arbitrators have been appointed.

52. Acas will be responsible for the efficient management and administration of recoverable fees and expenses in respect of the services of the arbitrators. The Scottish Ministers will pay the reasonably incurred fees and expenses of the arbitrators, but is not responsible for the costs of the parties. Acas will generally invoice the Scottish Ministers once the arbitrator / panel has made their award, or earlier if for any reason no award is made or the arbitrator’s appointment comes to an end before the award is made.