The Police (Scotland) Regulations 2004

Contents of personal records

15.—(1) The chief constable shall cause a personal record of each member of the police force to be kept.

(2) The personal record shall contain–

(a) the home address of the member;

(b) a photograph not more than 10 years older of the member taken in accordance with the directions of the chief constable and at the expense of the police authority;

(c) a personal description of the member;

(d) particulars of the member’s place and date of birth;

(e) particulars of the member’s marriage (if any) and children (if any);

(f) a record of the member’s service (if any) in any branch of Her Majesty’s naval, military or air forces or in the civil service;

(g) a record of the member’s service (if any) in any other police force and transfers (if any) from one police force to another;

(h) a record of whether the member passed or failed to pass any qualifying examination at which the member was a candidate; and

(i) a record of the member’s service in the police force, including particulars of all promotions, changes of pay, postings, transfers, removals, injuries received, periods of illness, attendances at training courses, commendations, rewards, punishments, disposals other than cautions, and the date of the member ceasing to be a member of the police force with the reason, cause or manner thereof.

(3) The chief constable shall cause to be expunged from the personal record–

(a) any record of punishment made in terms of the Police (Scotland) (Discipline) Regulations 1967(1) after 3 years free from punishment other than a caution;

(b) any record of a disposal made in terms of the Police (Conduct) (Scotland) Regulations 1996 after 3 years free from any disposal other than a caution; and

(c) in the case of any proceedings taken against the member under the Police (Efficiency) (Scotland) Regulations 1996(2), any record of proceedings (including any disposal made under those Regulations) after 2 years have elapsed since the date of the last event to take place in terms of those Regulations in relation to any proceedings taken against the member.

(4) Where any such record as is mentioned in paragraph (3) is expunged from a member’s personal record, so much of that personal record as relates to any such record shall be destroyed and a new part made out so as not to disclose that the expunged record existed.

(5) A member of a police force shall, if that member so requests, be entitled to inspect that member’s personal record.

(1)

S.I. 1967/1021 amended by S.I. 1971/843, 1975/843, 1975/1544, 1976/1073, 1982/902, 1987/2226 and 1995/647. The Regulations were repealed by S.I. 1996/1642 but continue to have effect for existing cases by virtue of regulation 25 of S.I. 1996/1642 and S.I. 1996/1648. An existing case is defined in regulation 1(2) of S.I. 1996/1646.

(2)

S.I. 1996/1432.