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The Police (Scotland) Regulations 2004

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Regulations 24 and 37

SCHEDULE 2EFFECT OF DISCIPLINARY ACTION ON PAY AND ALLOWANCES

1.  (1)  Subject to paragraph 3, a member of a police force suspended under the Conduct Regulations who–

(a)is detained in pursuance of a sentence of a court in a prison or other institution to which the Prisons (Scotland) Act 1989(1) applies, or is in custody (whether in prison or elsewhere) between conviction by a court and sentence; or

(b)has absented himself or herself from duty and whose whereabouts are unknown to the chief constable (or deputy chief constable or assistant chief constable acting as chief constable),

shall not, by virtue of regulation 24, be entitled to pay in respect of his period in detention or custody or, as the case may be, in respect of the period during which that member’s whereabouts are unknown as aforesaid.

(2) Where the member suspended is a senior officer sub-paragraph (1)(b) shall have effect as if for the words after “unknown” there were substituted “to the police authority”.

2.  Subject to paragraph 3, a member of a police force suspended under the Conduct Regulations shall not, by virtue of Part 6 of these Regulations, be entitled to any allowance, in respect of the period of suspension, other than–

(a)an allowance under Schedule 3; or

(b)in the case of a member to whom paragraph 3(c) does not apply, such allowance as the Scottish Ministers may determine.

3.  Where a member of a police force returns to duty when the period of suspension comes to an end and–

(a)it has been decided that that member shall not be charged with a disciplinary offence; or

(b)that member has been so charged and all the charges have been dismissed; or

(c)that member has been so charged and has been punished by a reduction in that member’s rate of pay, fine, reprimand or caution,

that member shall receive, as from the date of that member’s suspension, the pay to which, but for paragraph 1, and the allowances to which, but for paragraph 2, that member would have been entitled by virtue of these Regulations.

4.  Where a member of a police force is fined under the Conduct Regulations the fine shall, without prejudice to any other method of recovery, be recoverable by way of deductions from the member’s pay during the period of 13 weeks following the imposition of the fine so, however, that the aggregate sum which may be deducted in pursuance of this paragraph in respect of any one week (whether on account of one or more fines) shall not exceed a seventh of the member’s weekly pay:

Provided that in the event of the member leaving the police force, the whole amount of any fine unpaid may be deducted from any pay then due.

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