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

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2.—(1) In these Regulations—

the Act” means the Police and Fire Reform (Scotland) Act 2012;

“appeal panel” means a panel appointed under regulation 19(2);

“audio recording” means a recording made on any device on which sounds are recorded so as to be capable of being reproduced;

“chairing member” means, unless the context otherwise requires—

(a)

a person appointed under regulation 28(3)(a); or

(b)

a person designated under regulation 28(5) or (7),

to chair a panel conducting a performance hearing or, as the case may be, further performance hearing;

“disposal” means any action mentioned in regulation 36(1);

“excluded person” means—

(a)

a member of the Authority or the Authority’s staff;

(b)

a member of the staff of the Scottish Administration;

(c)

a member of any committee of the Authority established under paragraph 9(1) of schedule 1 to the Act;

(d)

a constable;

(e)

the Police Investigations and Review Commissioner;

(f)

a member of the Police Investigations and Review Commissioner’s staff appointed under paragraph 7 or 7A of schedule 4 to the Police, Public Order and Criminal Justice (Scotland) Act 2006(1);

(g)

a person whose appointment could give rise to a reasonable suspicion of bias because of an interest or association they have, or because of a pressure to which they may be subject;

“extended final improvement notice” means a final improvement notice extended by virtue of regulation 36(1)(c);

“extended final improvement period” means the period specified by the panel under regulation 36(4)(a)(i);

“final improvement notice” means a notice prepared under regulation 25(2);

“final improvement period” has the meaning given by regulation 24(6)(c);

“first improvement notice” means a notice prepared under regulation 14(2)(a);

“first improvement period” has the meaning given by regulation 13(7)(c);

“further performance hearing” means a hearing arranged under regulation 38 to consider the senior officer’s performance following a performance hearing;

“human resources professional” means a member of the police staff or a member of the Authority’ staff who (in each case) has specific responsibility for personnel matters relating to the Police Service;

“improvement notice” includes a first improvement notice, a final improvement notice and an extended final improvement notice;

“improvement period” means the period within which the senior officer’s performance is required to improve specified in an improvement notice and includes a first improvement period, a final improvement period and an extended final improvement period (see regulation 8);

“panel” means the panel appointed to conduct a performance hearing or (as the case may be) a further performance hearing;

“performance appeal meeting” means a meeting arranged under regulation 17 or, as the case may be, 19 to consider an appeal by the senior officer against the finding and outcome of a performance meeting;

“performance hearing” means a hearing arranged under regulation 29 to consider the senior officer’s performance following a progress meeting;

“performance meeting” means a meeting arranged under regulation 12 to consider a senior officer’s performance;

“police adviser” means a constable appointed to give advice on the proceedings to—

(a)

the reporting officer at a performance meeting or (as the case may be) a progress meeting; or

(b)

the chief constable or (as the case may be) the appeal panel at a performance appeal meeting;

“police representative” must be construed in accordance with regulation 4;

“progress meeting” means a meeting arranged under regulation 23 to consider the senior officer’s performance following a performance meeting;

“reporting officer” means—

(a)

if the senior officer is an assistant chief constable, the deputy chief constable who has immediate supervisory responsibility for the senior officer;

(b)

if the senior officer is a deputy chief constable, the chief constable; and

(c)

if the senior officer is the chief constable, the chairing member of the Authority appointed under paragraph 2(1)(a) of schedule 1 to the Act;

“the senior officer” means a senior officer to whom these Regulations apply and whose performance is being assessed in accordance with these Regulations;

“validity period” means the period for which an improvement notice is valid (see regulation 8);

“working day” means any day other than—

(a)

a Saturday or Sunday;

(b)

a day which is a bank holiday in Scotland within the meaning given by paragraph 2 of Schedule 1 to the Banking and Financial Dealings Act 1971(2); or

(c)

a day which is a public holiday in Scotland; and

“writing” includes electronic communications within the meaning given by section 15 of the Electronic Communications Act 2000 (and “written” is to be construed accordingly)(3).

(2) In these Regulations, references to—

(a)unsatisfactory performance; and

(b)the performance of the senior officer being unsatisfactory,

are references to an inability or failure of the senior officer to perform the duties of the officer’s role or rank (or both) to a satisfactory standard.

(1)

2006 asp 10. Paragraph 7A was inserted by the Police and Fire Reform (Scotland) Act 2012 (asp 8), schedule 7, paragraph 33.

(2)

1971 c.80. Paragraph 2 of Schedule 1 has been amended by section 1 of the St Andrew’s Day Bank Holiday (Scotland) Act 2007 (asp 2).

(3)

2000 c.7. Section 15 has been amended by Schedule 17 to the Communications Act 2003 (c.21).

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