Police and Fire Reform (Scotland) Act 2012

52Disciplinary procedures: conduct and performanceS

This section has no associated Explanatory Notes

(1)Regulations made under section 48 must establish, or provide for the establishment of, procedures for dealing with a constable whose standard of behaviour or performance is unsatisfactory.

(2)Such regulations may make provision—

(a)setting out—

(i)standards of behaviour which, if breached, may be treated as misconduct,

(ii)standards of performance which, if breached, may be treated as being unsatisfactory performance,

(iii)other circumstances in which a constable's behaviour may be treated as misconduct or in which a constable's performance may be treated as unsatisfactory (for example, where performance is inefficient or where there has been a failure to perform functions),

(b)for circumstances in which a constable may be suspended from duty pending investigation into whether the constable has been engaged in misconduct,

(c)subject to subsection (3), for a constable who is found to have been engaged in misconduct or whose performance is found to have been unsatisfactory to be dealt with by being—

(i)dismissed (with or without notice),

(ii)demoted in rank,

(iii)warned that future misconductor unsatisfactory performance may lead to further disciplinary action,

(iv)admonished, or

(v)dealt with in any other way,

(d)conferring functions on the Police Investigations and Review Commissioner in relation to [F1procedures for dealing with a constable whose standard of behaviour is unsatisfactory],

(e)applying the procedures (with or without modifications) in relation to a constable engaged on temporary service outwith the Police Service (see section 15).

[F2(f)applying the procedures for dealing with a constable whose standard of behaviour is unsatisfactory (with or without modification) in relation to a person who has ceased to be a constable.]

[F3(2A)Such regulations, if they provide for procedures for dealing with a constable whose standard of behaviour is unsatisfactory to be applied in relation to a person who has ceased to be a constable—

(a)must provide for—

(i)an allegation of unsatisfactory behaviour against such a person to be investigated in accordance with those procedures only where the allegation is of behaviour while the person was a constable which would amount to gross misconduct,

(ii)notice to be given to a person, following a determination that the allegation against the person is of behaviour which would amount to gross misconduct, that the procedures may be applied in relation to a person who ceases to be a constable,

(iii)a decision to be made as to how the person would have been dealt with, had the person still been a constable, and

(b)must provide for a period of time, not exceeding one year, running from the date on which the person ceased to be a constable, after which time, unless such criteria as are specified in the regulations are met—

(i)the procedures do not apply to the person, or

(ii)such steps in the procedures as are specified in the regulations may not be taken in relation to the person.

(2B)In subsection (2A)(b), criteria specified must include that it would be in the public interest for the procedures to apply to the person.]

(3)Such regulations must provide for the Authority to determine any case which relates to the standard of behaviour or performance of a senior officer.

(4)A constable suspended by virtue of regulations made under section 48 is not entitled to carry out any functions as a constable unless the regulations otherwise specify.

[F4(5)In subsection (2A)(a)(i), “gross misconduct” means a breach of the standards of behaviour referred to in subsection (2)(a)(i) so serious that demotion in rank or dismissal would be justified.]

Textual Amendments

Commencement Information

I1S. 52 in force at 1.10.2012 by S.S.I. 2012/253, art. 2, Sch.