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24.—(1) This regulation applies where—
(a)the constable admits an allegation of misconduct in pursuance of regulation 19(2); or
(b)the chairing constable finds that an act or omission of the constable amounts to misconduct.
(2) Where this regulation applies, the chairing constable may order in relation to the constable one of the following disposals—
(a)dismissal (with or without notice);
(b)requirement to resign from the Police Service at a specified date as an alternative to dismissal;
(c)demotion in rank;
(d)reduction in pay for a specified period (not exceeding 12 months);
(e)fine; or
(f)admonition.
(3) Where separate admissions or findings of misconduct have been made in relation to separate acts or omissions detailed in the misconduct form, separate disposals may be ordered in relation to each admission or finding.
(4) When considering whether to order a disposal, the chairing constable—
(a)must have regard to the constable’s personal record; and
(b)may invite another constable of a rank higher than the constable to give an oral statement on the character of the constable, provided that, where such a statement is made, the constable and any individual representing the constable is given an opportunity to comment on that statement.
(5) Where a disposal under paragraph (2)(b) is ordered and the constable fails to resign by the specified date, the constable is to be treated as having been dismissed from that date.
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Policy Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2012 onwards. Prior to this date these type of notes existed as ‘Executive Notes’ and accompanied Scottish Statutory Instruments from July 2005 until July 2012.
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