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

Requirement to appear before a misconduct hearing

8.—(1) This regulation applies to any case in which the independent solicitor has submitted a misconduct form to the police authority in terms of regulation 7(5).

(2) The police authority shall, having considered the terms of the misconduct form, decide whether the senior officer should be required to appear before a misconduct hearing and, if it decides that he should, it shall direct the independent solicitor accordingly.

(3) Where the police authority has decided in terms of paragraph (2) that the senior officer should not be required to appear before a misconduct hearing, then it shall forthwith notify the senior officer in writing.

(4) If so directed in terms of paragraph (2), the independent solicitor shall cause–

(a) the misconduct form to be completed containing a notice that the senior officer is required to attend–

(i) a misconduct hearing at a time, date and place to be notified;

(ii) if the chairman of the misconduct hearing adjourns the hearing in accordance with regulation 19, at the adjourned hearing at the time, date and place specified by the chairman; and

(b) a copy of the misconduct form containing that notice to be sent to the senior officer.

(5) For the purposes of section 40A(2) of the Police (Scotland) Act 1967(1), proceedings by virtue of section 26(2A)(a) of that Act, insofar as relating to a senior officer, shall be taken to have commenced on the date on which a copy of the misconduct form is sent to him in terms of paragraph (4).

(1)

Section 40A was inserted by the Police and Magistrates' Courts Act 1994 (c. 29), section 61.