The Police Service of Scotland (Performance) Regulations 2013

Transitional provisions

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

(a) before 1st April 2013, was appointed as the chairman of an inefficiency hearing under regulation 14(1) of the 1996 Regulations in relation to a case in relation to which those 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 act as chairman of the inefficiency hearing 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 chairman of the inefficiency hearing in relation to a case to 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 paragraph applies, the deputy chief constable must appoint to replace the individual who has not transferred as chairman of the inefficiency hearing—

(a) in a case where the constable whose performance is being examined at the hearing is of the rank of superintendent, an assistant chief constable; and

(b) in any other case, a constable of at least the rank of superintendent.

(5) Anything done before 1st April by or in relation to a chairman of an inefficiency hearing 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 chairman.