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

Suspension—ordinary procedure

27.—(1) Where it appears to the police authority, on receiving a report, allegation or complaint from which it appears that a senior officer may have committed a disciplinary or criminal offence, that the senior officer concerned ought to be suspended from duty and from his office as constable, the police authority may, subject to the following provisions of this regulation, so suspend him.

(2) The police authority shall not so suspend a senior officer unless it appears to them that either of the following conditions (“the suspension conditions”) is satisfied:—

(a) that the effective investigation of the matter may be prejudiced unless the senior officer concerned is so suspended;

(b) that the public interest, having regard to the nature of the report, allegation or complaint, and any other relevant considerations, requires that he should be so suspended.

(3) If the police authority determine that a senior officer ought to be suspended under this regulation, they shall forthwith notify the Secretary of State in writing of their decision and of the relevant reasons.

(4) If, upon being so notified of the decision of the police authority, the Secretary of State is satisfied both as to the suspension condition and reasons, he shall as soon as practicable notify his approval of the suspension of the senior officer to the police authority; and the suspension of the senior officer shall not have effect unless the approval of the Secretary of State is given.

(5) Where the Secretary of State gives his approval to the suspension of a senior officer his suspension shall take effect from the time he receives notice of the Secretary of State’s approval thereof from the police authority, and he shall be suspended until—

(a) the Secretary of State decides otherwise; or

(b) the police authority decide otherwise; or

(c) a decision is taken to the effect that the senior officer shall not be charged with a disciplinary offence; or (d)where he has been so charged and—

(i) all the charges have been withdrawn or dismissed; or

(ii) a finding of guilt has been recorded but no further action has been taken thereon; or

(iii) a punishment has been imposed,

whichever first occurs.

(6) The suspension of a senior officer under this regulation shall cease to have effect at the expiry of 3 months from the date of imposition or reimposition unless the police authority shall before such expiration have—

(a) determined that the suspension should be reimposed;

(b) notified the Secretary of State to that effect; and

(c) notified the senior officer accordingly.

(7) In any case to which paragraph (6) applies the provisions of paragraphs (3) to (5) shall have effect.

(8) Without prejudice to the generality of paragraph (5)(c), the following matters shall be decisions for the purposes of that provision, namely—

(a) a decision by the police authority under regulation 4(2), 5(3) or 7(3);

(b) a direction by the independent solicitor under regulation 6(7).