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

Suspension – ordinary procedure

25.—(1) Where it appears to the police authority, on receiving a report, allegation or complaint from which it appears that any act or omission, or an alleged act or omission, of a senior officer may amount to misconduct or a criminal offence and that the senior officer ought to be suspended from duty and from his office as a constable of a police force, 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 it 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 determines that a senior officer ought to be suspended under this regulation, it shall forthwith notify the Secretary of State in writing of its 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;

(b) the police authority decides otherwise;

(c) a decision is taken, or a direction made, under regulation 5(3) or (4), 6(2), 7(6) or 8(2) to the effect that no action or further proceedings shall be taken against the senior officer under these Regulations; or

(d) he has been required to appear before a misconduct hearing and–

(i) all the allegations of misconduct have been withdrawn or dismissed;

(ii) a finding that any act or omission of the senior officer amounted to misconduct has been recorded but it has been decided to take no further action thereon; or

(iii) a disposal has been made in respect of the finding or the police authority has decided pursuant to regulation 23(9) to make no disposal,

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) Where a suspension is to be reimposed under paragraph (6), the provisions of paragraphs (3) to (5) shall apply to the reimposition.