The Police Service of Scotland (Performance) Regulations 2013

Procedure at inefficiency hearing

15.—(1) The deputy chief constable must appoint a constable of at least the rank of superintendent to act as the chairing constable at the inefficiency hearing.

(2) The chairing constable must be a person who has neither attended nor otherwise been involved with the first interview or the second interview.

(3) The chairing constable may appoint to assist the chairing constable at the inefficiency hearing—

(a) up to two other constables as assessors; and

(b) an advocate or a solicitor as a legal assessor.

(4) As soon as reasonably practicable after the appointment of the chairing constable, the deputy chief constable must arrange to be made available to the chairing constable any document which was—

(a) available to the interviewing officer in relation to the first interview;

(b) available to the senior manager in relation to the second interview; and

(c) prepared or submitted under regulations 12, 13 or 14.

(5) Subject to the following provisions of this regulation, the procedure at the inefficiency hearing is to be determined by the chairing constable.

(6) The inefficiency hearing is to be held in private.

(7) The chairing constable must give the constable the opportunity to make representations in relation to the matters mentioned in the notice sent under regulation 14.

(8) The chairing constable must prepare a written note summarising the proceedings at the inefficiency hearing.

(9) Subject to regulation 16, if the constable fails to attend the inefficiency hearing—

(a) where the chairing constable considers it just and appropriate to do so, the hearing may be proceeded with and concluded in the constable’s absence; and

(b) any part of the procedure described in these Regulations which cannot be complied with in the constable’s absence may be treated as if it had been complied with.