The Police (Conduct) (Senior Officers) (Scotland) Regulations 1996

Interpretation and application

2.—(1) In these Regulations, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, namely—

“the 1967 Act” means the Police (Scotland) Act 1967;

“the 1990 Regulations” means the Police (Discipline) (Senior Officers) (Scotland) Regulations 1990(1);

“complainer” means the member of the public referred to in regulation 14;

“disciplinary offence” means an act or omission of a senior officer which falls within any of the kinds of conduct described in Schedule 1 to these Regulations;

“discipline form” means such a form as is mentioned in regulation 6(6);

“independent solicitor” means a solicitor who is appointed as the independent solicitor in terms of regulation 6(2);

“investigating officer” means a chief constable who is appointed as an investigating officer in terms of regulation 4;

“investigation form” means such a form as is mentioned in regulation 4(4);

“senior officer” means a constable who is a chief constable or an assistant chief constable.

(2) In these Regulations, unless the context otherwise requires, any reference to a regulation shall be construed as a reference to a regulation contained in these Regulations and any reference in a regulation to a paragraph shall be construed as a reference to a paragraph of that regulation.

(3) These Regulations shall apply only—

(a) in relation to a disciplinary offence on the part of a constable of the rank of chief constable or assistant chief constable;

(b) to any report, allegation or complaint from which it may reasonably be inferred that any act or omission which was committed or made by a constable of any such rank on or after 1st August 1996 may amount to a disciplinary offence; and

(c) to any case where there is in respect of such a constable a conviction as mentioned in paragraph 13 of Schedule 1 on or after that date even although the act or omission which constituted the criminal offence of which the constable was found guilty was committed or made before that date.

(1)

S.I. 1990/1017, amended by S.I. 1995/647.