The Police (Conduct) (Senior Officers) (Scotland) Regulations 1999

Revocations, savings and transitional provisions

31.—(1) Subject to the following provisions of this regulation, the 1996 Regulations are herby revoked.

(2) Notwithstanding paragraph (1), the 1996 Regulations shall continue to apply (but subject to regulation 31(2) of the 1996 Regulations) to any case where an act or omission was committed or made by a senior officer before 1st May 1999 which amounts or may amount to a disciplinary offence, as defined in regulation 2(1) of the 1996 Regulations, at the time when the act or omission was committed or made, including, without prejudice to that generality, any such case irrespective of whether it is before, on or after that date that–

(a) a report, allegation or complaint is received in relation thereto;

(b) the senior officer is charged or found guilty of that disciplinary offence; or

(c) an appeal is made in relation to such a finding and any punishment imposed or only in relation to a punishment,

but for the avoidance of doubt, the 1996 Regulations do not apply to a case where–

(i) the disciplinary offence consists of the conviction of the senior constable of a criminal offence as mentioned in paragraph 13 of Schedule 1 to the 1996 Regulations; and

(ii) such a conviction occurs on or after 1st May 1999, even although the act or omission which constituted the criminal offence of which the senior officer was convicted was committed or made by the senior officer before that date.