The Police Service of Scotland (Conduct) Regulations 2013

Limitations on disposals

25.—(1) The disposals mentioned in regulation 24(2)(a), (b) or (c) must not be ordered if the constable has not been given an opportunity to be legally represented at the misconduct hearing in accordance with regulation 11(5).

(2) A disposal mentioned in regulation 24(2)(a), (b) or (c) may be ordered if the constable has been given the opportunity to be legally represented, but—

(a) has failed without reasonable cause to notify an intention to be legally represented; or

(b) has given notice of an intention not to be legally represented.

(3) Where a disposal under regulation 24(2)(d) is ordered, the total reduction in pay must not reduce the constable’s pay to an amount which is—

(a) two categories lower than the pay category which is applicable to the constable;

(b) lower than point 2 on the pay scale determined by Ministers under regulation 16 of the Police Service of Scotland Regulations 2013(1).

(4) Where a disposal under regulation 24(2)(e) is ordered in relation to one or more findings of misconduct—

(a) the sum of all fines imposed must not exceed one week of the constable’s pay; and

(b) those fines are to be recovered by weekly deductions from pay not exceeding one seventh of the constable’s weekly pay (unless the constable leaves the Police Service, in which case the whole amount of any unpaid fines may be deducted from any pay due).

(5) A fine or a reduction in the rate of pay must not result in any increment in pay being deferred or withheld.

(1)

S.S.I. 2013/35.