The Police Service of Scotland (Performance) Regulations 2013

Transitional provisions

6.—(1) Sub-paragraph (2) applies to an individual who—

(a) before 1st April 2013, was an interviewing officer in relation to a case in relation to which the 1996 Regulations continue to have effect by virtue of paragraph 3; and

(b) is—

(i) a transferred constable; or

(ii) engaged in service as a constable of the Police Service by virtue of paragraph 8(2) of schedule 5 to the Act.

(2) An individual to whom this sub-paragraph applies is to continue to carry out the functions of an interviewing officer in relation to the proceedings in relation to which that individual’s appointment was made.

(3) Sub-paragraphs (4) and (5) apply where an individual appointed before 1st April 2013 to act as interviewing officer in relation to a case in relation to which the 1996 Regulations continue to have effect by virtue of paragraph 3 has not transferred to serve as a constable of the Police Service.

(4) Where this sub-paragraph applies, the deputy chief constable must appoint a constable of at least the rank of sergeant and of at least the rank of the constable under investigation to replace the individual who has not transferred as interviewing officer.

(5) Anything done before 1st April by or in relation to an interviewing officer who has not transferred is, on and after that date, to be treated as having been done by or in relation to the constable appointed to replace that interviewing officer.