The Police Service of Scotland (Performance) Regulations 2013

Assessment of performance following inefficiency hearing

19.—(1) This regulation applies where the constable has been given a written warning under regulation 18(1)(c).

(2) Not later than 14 days after the end of the period specified in the warning, the reporting officer and the countersigning officer must—

(a) assess the constable’s performance during that period;

(b) prepare a report on the constable’s performance;

(c) submit that report to the chairing constable;

(d) send a copy of that report to the constable; and

(e) inform the constable that written comments on the report may be submitted to the chairing constable not later than 7 days after the date on which the copy of that report was sent to the constable.

(3) The chairing constable must—

(a) consider the report and any written comments made by or on behalf of the constable; and

(b) if satisfied—

(i) that there has been an insufficient improvement in the constable’s performance, require the constable to resign within the period of 1 month beginning with the date on which notification of that requirement is made; or

(ii) that there has been a sufficient improvement in the constable’s performance, record that decision and direct that no further proceedings are to be taken under these Regulations.

(4) The chairing constable must record in writing the determination made under this regulation (including the reasons for that determination) and, as soon as is reasonably practicable, send a copy to—

(a) the constable;

(b) the deputy chief constable;

(c) a personnel officer;

(d) the countersigning officer; and

(e) the reporting officer.

(5) Where the chairing constable requires the constable to resign under paragraph (3)(b)(i) and the constable has not resigned by the end of the period of 1 month beginning with the date of the notification of that requirement, the constable is to be treated as having been dismissed with effect from the day after the end of that period.

(6) Paragraphs (7) and (8) apply if, at the time the report is sent to the chairing constable in pursuance of paragraph (2)(c)—

(a) that constable is absent, incapacitated or suspended from duty; and

(b) it is likely that such absence, incapacity or suspension will continue for a period of more than 28 days from the date the report is sent.

(7) Where this paragraph applies, the deputy chief constable must appoint another constable to act as the chairing constable under this regulation (and the references in regulations 20 to 22 to “the chairing constable” are to be read as including any constable so appointed).

(8) A constable appointed under paragraph (7) must be a constable who would have been eligible for appointment as chairing constable of the inefficiency hearing by virtue of regulation 15(1) and (2).