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

Disposal

23.—(1) The disposals which may be recommended by the chairman of the misconduct hearing or made by the police authority shall be one of the following:–

(a) dismissal from the force;

(b) requirement to resign from the force either forthwith or on such date as may be specified in the recommendation or decision as an alternative to dismissal;

(c) fine;

(d) reprimand; or

(e) caution,

and separate disposals may be made in relation to separate findings of misconduct in relation to each allegation of misconduct specified in the misconduct form.

(2) Where the police authority has notified the senior officer that it has decided to consider making a disposal, the senior officer, shall within 14 days of the date on which such notification is made, give notice to the police authority whether he wishes to make oral or written representations in relation to the matter of the disposal.

(3) Where the senior officer gives notice that he wishes to make written representations, he shall submit those representations within 28 days of having received the notification referred to in paragraph (2).

(4) Where the senior officer gives notice that he wishes to make oral representations to the police authority, the authority shall give reasonable notice of the time, date and the place at which those representations may be made.

(5) At any hearing referred to in paragraph (4), the senior officer may be represented–

(a) either by an advocate or a solicitor; or

(b) by another constable of a police force selected by him, and such other constable may be a representative of an association representing senior officers.

(6) The senior officer may waive requirements for notice or agree to shorter periods of notice than those specified in paragraphs (2) to (4), and in any such case the senior officer shall give notice to the police authority in writing to that effect.

(7) The police authority may on the application in writing of the senior officer extend the periods of time appointed under paragraphs (2) and (3) notwithstanding that the time appointed may have expired.

(8) Before deciding on a disposal the police authority shall have regard to the senior officer’s record of police service.

(9) After the period within which the senior officer may make representations in relation to the disposal has elapsed and after considering any representations which are being made by or on behalf of him, the police authority may decide either to make no disposal or to make a disposal as mentioned in paragraph (1).

(10) As soon as possible after reaching a decision in accordance with paragraph (9), the police authority shall arrange for–

(a) the decision to be recorded on the misconduct form; and

(b) the decision to be notified in writing to–

(i) the senior officer; and

(ii) when the senior officer is not the chief constable, the chief constable of the police force concerned.

(11) Where a disposal as mentioned in paragraph (1)(b) has been made and the senior officer has not resigned from the force in accordance with the requirement specified in the decision, then the effect of the decision shall be to dismiss the senior officer from the force either forthwith or on the date specified in the decision.

(12) If the police authority decides to make a disposal in terms of paragraph (1)(c)–

(a) it shall not specify a fine in relation to the subject matter specified in the misconduct form (irrespective of the number of separate findings of misconduct) which exceeds in the aggregate one week’s pay; and

(b) the fine shall be recovered by stoppage of pay in amounts not exceeding one-seventh of the senior officer’s weekly pay, except in the event that he leaves the force when the whole amount of any fine then unpaid may be deducted from any pay then due.