The Police Service of Scotland (Senior Officers) (Performance) Regulations 2016

Procedure at performance meeting

13.—(1) The procedure at a performance meeting is as follows.

(2) The meeting must be conducted by the reporting officer.

(3) A human resources professional or a police adviser may attend the meeting to advise the reporting officer on the proceedings.

(4) Any other person whose proposed attendance was notified to the senior officer in accordance with regulation 12(2)(e) may attend the meeting provided the senior officer has not refused to consent to their attendance.

(5) The reporting officer must—

(a) explain how the senior officer’s performance is considered to be unsatisfactory;

(b) provide the senior officer with an opportunity to respond; and

(c) provide the senior officer’s police representative (if the officer has one) with an opportunity to make representations in accordance with regulation 4(3)(c).

(6) If, having considered any representations made by virtue of paragraph (5)(b) and (c) and any other representations made at the meeting (if any), the reporting officer is satisfied that the senior officer’s performance is satisfactory, the reporting officer must inform the senior officer that no further action is to be taken.

(7) If, having considered any representations made by virtue of paragraph (5)(b) and (c) and any other representations made at the meeting (if any), the reporting officer is satisfied that the senior officer’s performance is unsatisfactory, the reporting officer must inform the senior officer as to—

(a) the respect in which the senior officer’s performance is considered unsatisfactory;

(b) the improvement that is required in the senior officer’s performance;

(c) the period within which that improvement is required to take place (to be known as “the first improvement period”);

(d) the fact that the senior officer will receive a written improvement notice;

(e) the validity period of that notice and the effect of regulation 8(4); and

(f) the circumstances in which the senior officer may be required to attend a progress meeting.

(8) The reporting officer may postpone or adjourn the performance meeting to a specified later time or date if satisfied that it is necessary or expedient to do so and the procedure mentioned in regulation 12(4) to (8) applies to a postponed meeting or the continuation of an adjourned meeting.