Explanatory note

These Regulations replace the Police (Discipline) (Senior Officers) (Scotland) Regulations 1990 (“the 1990 Regulations”).

These Regulations make provision with respect to the procedures for cases in which Chief Constables or Assistant Chief Constables of police forces may be dealt with by dismissal, requirement to resign, reprimand or caution where their conduct constitutes a disciplinary offence, being conduct of any of the kinds described in Schedule 1 to the Regulations.

In making such provision the Regulations re-enact the 1990 Regulations with minor amendments as a consequence of amendments made to section 26 of the Police (Scotland) Act 1967 by section 52 of the Police and Magistrates' Courts Act 1994 and the revocation of the Police (Discipline) (Scotland) Regulations 1967 (S.I. 1967/1021) (“the 1967 Regulations”).

The only changes to the provisions set out in the 1990 Regulations are the inclusion in Schedule 1 of the terms of the former Discipline Code set out in Schedule 1 to the 1967 Regulations and minor changes to reflect the new provisions concerning appeals from the decision of the police authority to a police appeals tribunal.

Regulation 31 provides for the revocation of the 1990 Regulations but also provides that they shall continue to apply where an act or omission of a senior officer, which may amount to a disciplinary offence under the 1990 Regulations (as read with Schedule 1 to the 1967 Regulations), occurs before the date on which these Regulations come into force.