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The Police (Scotland) Regulations 2004

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Business Interests

8.—(1) A constable shall not have a business interest without the consent of–

(a)the police authority in the case of a senior officer;

(b)the chief constable in the case of any such other constable, provided that, in the case of any such other constable in whose case the chief constable has an interest in otherwise than as chief constable, the constable shall if either the constable or the chief constable so elect, obtain the consent of the chief constable of such other police force as may be determined.

(2) If a constable acquires or is likely to acquire, or in the case of a constable appointed to the office of chief constable or promoted to the rank of deputy chief constable or assistant chief constable has, a business interest he shall forthwith give written notice of that interest to the chief constable, or, as the case may be, the police authority unless that constable has previously disclosed that interest to that authority.

(3) A person applying for appointment to a police force, other than a person referred to in paragraph (4), shall give written notice to the chief constable of any business interest.

(4) A person applying for appointment to the office of chief constable, deputy chief constable, or assistant chief constable in a police force shall give written notice to the police authority responsible for the appointment of any business interest which that constable has or is likely to acquire after appointment.

(5) A person shall be regarded as having a business interest if–

(a)that person carries on any business or holds any office of employment for hire or gain (otherwise than as a constable); or

(b)that person resides at any premises where any member of that person’s family keeps a shop or carries on any like business; or

(c)that person holds, or any member of that person’s family living with that person holds, any licence, certificate or permit granted in pursuance of the laws relating to liquor licensing or betting and gaming or regulating places of public entertainment in the police area of the force of which that person is a constable to which that person is applying for appointment or has any pecuniary interest in such licence, certificate of permit; or

(d)that person’s spouse (not being separated from that person) keeps a shop or carries on any like business in the police area of the force of which that person is a constable or to which that person is applying for appointment.

(6) For the purposes of this regulation, the expression “member of that person’s family” shall include parent, son, daughter, brother, sister or spouse (not being separated from that person).

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