Explanatory note

These Regulations make provision with respect to the assessment of the efficiency of constables of police forces in Scotland and establish procedures for cases in which a constable who is not performing satisfactorily may be dealt with by way of requirement to resign, reduction in rank or warning. Parts 2 and 3 of the Regulations make provision for interviewing constables where it is considered that their performance is unsatisfactory and identifying areas of the performance which require improvement. Part 4 makes provision for the holding of a hearing (called an inefficiency hearing) where it is considered that a constable’s performance has not improved. If the chairman of the inefficiency hearing finds that the constable’s performance has been unsatisfactory he may require the constable to resign, order reduction in his rank or issue a warning. Part 5 makes provision for an appeal to the chief constable.

Regulations 4 to 7 make provision with respect to the first stage in dealing with a constable whose performance is considered unsatisfactory. The constable may be required to attend a first interview with the reporting or countersigning officer. The purpose is to explain why his performance is considered unsatisfactory and to allow the constable to make representations. The interviewing officer may, if he considers it appropriate, warn the constable that his performance must improve within a specified period and require specific action to be taken. A formal record must be made.

Regulations 8 to 11 make provision with respect to a second interview where the constable’s performance has not improved sufficiently. The interview is held by a senior officer and a personnel officer. Regulation 10 sets out the procedure. If, after considering any representations by the constable, it is considered that the constable’s performance has continued to be unsatisfactory, similar steps may be taken as may be taken following the first interview.

Regulations 12 to 18 make provision with respect to inefficiency hearings. The constable shall be required to attend a hearing if the reporting officer and countersigning officer are of the opinion that there has been an insufficient improvement in his performance since the second interview.

Regulation 13 provides for the arranging of a hearing and regulation 14 specifies the procedure to be followed. A chairman requires to be appointed. He must be of at least the rank of superintendent or, where the constable required to attend the hearing holds the rank of superintendent, the rank of assistant chief constable.

The constable (who may be represented by an advocate or a solicitor or by another constable) must be given the opportunity of making representations. Regulation 15 enables the chairman to adjourn the hearing. This may be done where the constable fails to attend. The chairman may also adjourn the hearing for up to 3 months to allow a further period for assessment by the reporting officer and the countersigning officer of his performance. These officers require to prepare a report in such circumstances which will be considered by the chairman together with any further representations by the constable.

Regulation 16 requires the chairman to decide whether the constable’s performance is satisfactory or not and to notify his decision. Where he finds that the performance has been unsatisfactory, the chairman may in terms of regulation 17 make a disposal. This may take the form of a requirement to resign, reduction in rank or a warning.

Regulation 18 makes provision for further assessment of the constable’s performance if he was given a warning in terms of regulation 17(1)(c). It specifies further procedure in terms of which a report is required to be made after a specified period. Following consideration of any written comments by the constable, the chairman must consider if there has been a sufficient improvement. If there has not, the chairman must require the constable to resign.

Regulations 19 to 21 make provision with respect to appeals to the chief constable following the decision of the chairman of the inefficiency hearing. An appeal may be made against the finding that the constable’s performance has been unsatisfactory and any disposal, or against the disposal only. Where a constable is required to resign in terms of regulation 18(3)(c) following a period of assessment, he may appeal against that requirement. The chief constable may afford the appellant and the chairman of the inefficiency hearing the opportunity of making oral representations. The chief constable may also adjourn the appeal in order to obtain further information or where he wishes the chairman to hold a further hearing in relation to certain matters. Regulation 20(5) applies certain provisions of regulations 13 to 15 to such a hearing.

Regulation 21 requires the chief constable to determine the appeal in accordance with specified time limits. The chief constable may uphold or dismiss an appeal. Depending on the nature of the appeal he may either quash or vary the disposal. Regulation 22 makes minor and consequential amendments to the Police (Scotland) Regulations 1976 concerning the keeping of records made in disciplinary, conduct or inefficiency proceedings.