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The Police Service of Scotland (Senior Officers) (Conduct) Regulations 2013

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Procedure where misconduct allegation remitted back to panel

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27.—(1) This regulation applies where a misconduct allegation is remitted back to the panel in accordance with regulation 26(8)(f).

(2) Where this regulation applies, the panel must—

(a)consider the evidence submitted by the senior officer in accordance with regulation 25(6)(b); and

(b)determine whether it should—

(i)reverse any determination made under regulation 22(1);

(ii)require disciplinary action to be taken which is less serious than that which was to be taken in accordance with the decision of the panel under regulation 23(2);

(iii)require improvement action to be taken instead of disciplinary action; or

(iv)refer the matter to be dealt with under procedures maintained under regulation 23 of the Police Service of Scotland (Performance) Regulations 2013.

(3) Before making a determination under paragraph (2), the panel may, by notice in writing, require the senior officer to attend a further hearing (and regulations 5, 17, 19, 20 and 22 apply to such a hearing as they apply to a misconduct hearing).

(4) As soon as reasonably practicable after a determination is made under paragraph (2), the panel must notify the senior officer of that determination.

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