The Police Service of Scotland (Conduct) Regulations 2013

Interpretation

2.  In these Regulations—

“the Act” means the Police and Fire Reform (Scotland) Act 2012;

“appellant” means the constable acting in pursuance of regulation 26(2);

“audio recording” means a recording made on any disc, tape or other device on which sounds are recorded so as to be capable of being reproduced;

“chairing constable” means the individual appointed under regulation 18(1);

“complainer” means the person who made the report, allegation or complaint from which it can reasonably be inferred that an act or omission of the constable may amount to misconduct;

“the constable” means (unless the context otherwise requires) a constable to whom these Regulations apply—

(a)

in respect of whom a report, allegation or complaint is received from which it can reasonably be inferred that an act or omission of that constable may amount to misconduct; and

(b)

who is the subject of any proceedings under these Regulations in relation to that report, allegation or complaint;

“investigation form” means the form prepared in pursuance of regulation 10(5)(a);

“investigating officer” means the individual appointed under regulation 10(2)(b);

“misconduct form” means the form prepared in pursuance of regulation 11(4)(a);

“misconduct hearing” means the hearing arranged under regulation 15 for the purpose of determining any allegation against the constable of misconduct;

“police force” means a police force maintained, before 1st April 2013, under the Police (Scotland) Act 1967(1);

“presenting officer” means the individual appointed under regulation 17(1) or (as the case may be) (2);

“special constable” means an individual appointed under section 9 of the Act;

“transcript” means a transcript of all or part of the audio recording made of the proceedings at the misconduct hearing; and

“transferred constable” means an individual who—

(a)

before 1st April 2013 was serving as a constable of a police force (including any such individual who was, immediately before that date, engaged on relevant service within the meaning given by section 38A(1) of the Police (Scotland) Act 1967(2));

(b)

is—

(i)

transferred to serve as a constable of the Police Service under paragraph 6 of schedule 5 to the Act; or

(ii)

engaged in service outwith the Police Service by virtue of paragraph 8(4) of that schedule; and

(c)

is not a special constable.

(1)

1967 c.77.

(2)

Section 38A was inserted by the Police and Magistrates’ Courts Act 1994 (c. 29), section 60, was amended by the International Development Act 2002 (c. 1), Schedules 3 and 4, the Proceeds of Crime Act 2002 (c.29), Schedule 11, the Police Reform Act 2002 (c. 30), Schedule 7, the Serious Organised Crime and Police Act 2005 (c. 15), Schedules 4 and 17, the Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10), schedule 6, the Police and Justice Act 2006 (c.48), Schedules 1 and 15 and is repealed by the Police and Fire Reform (Scotland) Act 2012 (asp 8), schedule 8.