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

Interpretation

3.—(1) Unless the context otherwise requires, in these Regulations–

“the 1996 Regulations” means the Police (Conduct) (Senior Officers) (Scotland) Regulations 1996(1);

“audio recording” means a recording made on any disc, tape, soundtrack or other device in which sounds or other data are recorded so as to be capable (with or without the aid of some other equipment) of being reproduced therefrom;

“complainer” means the person who, aggrieved by the act or omission of a senior officer, originates a complaint which may give rise to a misconduct hearing, notwithstanding that the complaint is made through some other person or body;

“constable of a police force” includes, in the definition of “representative” in this regulation and in regulations 12(1)(c), 15(3), 16(2)(b) and (3) and 23(5)(b), a constable of a police force who is engaged on relevant service within the meaning given by section 38A(1) of the Police (Scotland) Act 1967(2);

“investigating officer” means a constable who is appointed under regulation 5(1);

“misconduct” shall be construed in accordance with regulation 4;

“misconduct form” means such a form as is mentioned in regulation 7(5)(a);

“misconduct hearing” means a hearing arranged in terms of regulation 15;

“representative” means a constable of a police force, an advocate or a solicitor who may represent the senior officer at a misconduct hearing;

“a senior officer” means a constable of a police force who is a chief constable or an assistant chief constable;

“the senior officer” means a senior officer in respect of whom a report, allegation or complaint is received from which it may reasonably be inferred that an act or omission of that officer may amount to misconduct on his part and who is the subject of any proceedings taken in relation to the allegation of misconduct in terms of these Regulations.

(2) In these Regulations, unless the context otherwise requires, any reference to a numbered regulation is a reference to the regulation in these Regulations which bears that number and any reference in a regulation to a numbered paragraph is a reference to a paragraph bearing that number in that regulation.

(1)

S.I. 1996/1645.

(2)

Section 38A was inserted by the Police and Magistrates' Courts Act 1994 (c. 29), section 60.