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Regulation 29 Suspension – termination and financial provisions

Original text. Later amendments are not shown.

(1)

This regulation applies in any case in which a senior officer has been suspended from duty in terms of regulation 27 or regulation 28.

(2)

Where the suspension of a senior officer ceases to have effect upon the occurrence of any of the events specified in regulation 27(5), and where suspension has not been reimposed in accordance with regulation 27(6) that officer shall not be liable to be suspended again in respect of the report, allegation or complaint which led to the suspension which has ceased to have effect.

(3)

Subject to the provisions of paragraph (5), a senior officer suspended from duty who–

(a)

has been convicted by a court of law of a criminal offence; or

(b)

has absented himself from duty and whose whereabouts are unknown to the police authority,

shall not in respect of any period of imprisonment or, as the case may be, in respect of the period during which his whereabouts are unknown to the police authority, be entitled to pay under the Police (Scotland) Regulations 1976f1.

(4)

Subject to the provisions of paragraph (5), a senior officer suspended from duty shall not in respect of the period of suspension be entitled to any allowances under the Police (Scotland) Regulations 1976, except housing allowance, supplementary housing allowance, transitional rent allowance, transitional supplementary rent allowance, compensatory grant or provided accommodation allowance.

(5)

A senior officer to whom paragraphs (3) or (4) applies shall be entitled to receive pay or allowances withheld in terms of those paragraphs where the suspension of that officer ceases to have effect–

(a)

in terms of regulation 27(5)(a) to (c) and (d)(i) or (ii); or

(b)

in terms of regulation 27(5)(d)(iii) where the punishment imposed is a reprimand or a caution.

(6)

The Police (Scotland) Regulations 1976 and these Regulations shall apply to a senior officer suspended from duty subject to the provisions of this regulation.

Annotations

Footnotes

f1

S.I. 1976/1073; the relevant amending instruments are S.I. 1977/1016, 2008, 1978/1170, 1980/1050, 1981/67, 1982/1628, 1983/317, 1985/111, 1325, 1733, 1986/576, 1987/1914, 1988/1501, 2287, 1989/2222 and 1990/469.