The Police (Conduct) (Senior Officers) (Scotland) Regulations 1999

Explanatory Note

(This note is not part of the Regulations)

These Regulations replace the Police (Conduct) (Senior Officers) (Scotland) Regulations 1996 (“the 1996 Regulations”).

The Regulations make revised provision for the procedures for cases in which a constable of the rank of chief constable or assistant chief constable (a “senior officer”) who is the subject of an allegation of misconduct may be dealt with by dismissal, requirement to resign, reduction in rank, reduction in rate of pay, fine, reprimand or caution.

Regulations 1 to 3 make provision with respect to citation, commencement, application and interpretation.

Regulation 4 of, and the Schedule to, the Regulations define what is meant by misconduct on the part of a constable to whom the Regulations apply.

Regulation 5 prescribes the preliminary procedure to be followed where an allegation of complaint of misconduct is made against a senior officer. Except where an allegation or complaint appears to be unfounded or frivolous or, if proven, would only involve a minor or trivial matter, the allegation or complaint will be referred to an investigating officer. The investigating officer is required to prepare and provide to the senior officer who is the subject of the complaint an investigation form containing relevant information.

Regulation 6 makes provision for considering whether there is sufficient evidence following receipt of the report of the investigating officer to justify requiring a misconduct hearing to be held.

Regulation 7 provides for appointment by the police authority of an independent solicitor if they think there is sufficient evidence of misconduct which justify requiring the senior officer to appear before a misconduct hearing. That solicitor must consider this and prepare a misconduct form containing particulars of the alleged misconduct if he thinks there is evidence of misconduct justifying a requirement that the senior officer appear before a misconduct hearing. In terms of regulation 8, the police authority may decide if the senior officer should be so required in which case a copy of the misconduct form must be sent to the senior officer requiring him to attend a hearing.

Regulation 9 enables the police authority to delay investigations where the matter is also the subject of criminal investigations.

Regulation 10 enables misconduct proceedings to be terminated before the conclusion of a misconduct hearing where the police authority consider this is appropriate.

Regulations 11 and 12 specify the documents and other information to be supplied where a misconduct hearing is required. Regulation 13 provides for the procedure where the allegation of misconduct is admitted.

Regulation 14 provides for appointment of a chairman of the misconduct hearing and regulation 15 provides for the arrangement of the hearing. Regulation 16 provides for representation at the hearing.

Regulations 17 to 20 make provision with respect to the holding of and procedure at a misconduct hearing at which evidence may be heard and a full opportunity given to the senior officer to defend the allegations made against him.

In terms of regulation 21 the chairman of the misconduct hearing must report to the police authority his decision and reasons, a copy of which must also be sent to the senior officer.

Regulation 22 provides that the police authority must decide, on the basis of the report by the chairman of the misconduct hearing, whether there was misconduct and, if so, whether to consider making a disposal.

Regulation 23 specifies the disposals which may be recommended by the chairman in disposing of the case if he finds that there has been misconduct and which may be made by the police authority.

Regulation 25 to 27 regulate suspension of a senior officer who is subject to an allegation of misconduct.

Regulations 28 to 30 deal with supplementary matters.

Regulation 31(1) revokes the 1996 Regulations.

By virtue of regulation 31(2), the 1996 Regulations continue to apply where an act or omission of a senior officer which may amount to a disciplinary offence under the 1996 Regulations occurs before the date on which these Regulations come into force.