Explanatory note

These Regulations replace Parts IV and V of the Police (Discipline) (Scotland) Regulations 1967 (“the 1967 Regulations”) with effect from 6th June 1990. Parts IV and V of the 1967 Regulations made provision as to the disciplinary procedures applying to chief constables, deputy and assistant chief constables.

Changes of substance are as follows:–

Regulations 4 and 5 provide for the appointment of an investigating officer where it appears that an offence may have been committed. Regulation 6 makes provision for the police authority, where it is considered that disciplinary proceedings should be taken, to appoint an independent solicitor for the purposes of preparation of the discipline charge. In terms of regulation 7, where the police authority decides to take disciplinary proceedings and directs the independent solicitor accordingly, thereafter the conduct of the proceedings against the senior officer are, subject to the right of the police authority to withdraw the proceedings at any time (regulation 9) the responsibility of the independent solicitor. In terms of regulation 26, where the police authority has considered the report of the Tribunal adjudicating on the disciplinary charge in terms of regulation 13, it requires to give the senior officer concerned an opportunity to be heard in relation to the matter of punishment.

The Regulations also make new provison in relation to the suspension of a senior officer pending disciplinary proceedings. Regulation 28 makes provision for suspension in urgent cases.