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

Appointment of the chairman of a misconduct hearing

14.—(1) This regulation applies to any case which has not been dealt with under regulation 13.

(2) An allegation that an act or omission of a senior officer amounts to misconduct shall be heard by a single person who shall act as the chairman of the misconduct hearing being a person selected and appointed by the police authority from a list of persons nominated by the Lord President of the Court of Session.

(3) To assist the chairman on matters pertaining to the police the police authority shall, with the approval of the chairman, appoint an assessor who shall be a chief constable or a retired chief constable.

(4) The police authority shall not appoint as an assessor under paragraph (3)–

(a) a person who is one of Her Majesty’s Inspectors of Constabulary;

(b) the chief constable of the police force of which the senior officer is a constable;

(c) a member, officer or servant of the police authority or of any local authority which appoints any member of the police authority;

(d) the investigating officer;

(e) the independent solicitor; or

(f) any chief constable who appears to the authority may be a material witness or is interested in the matter otherwise than as a constable of a police force.

(5) The police authority may appoint a clerk to the chairman and shall do so if so requested by the chairman.