Section 10 Procedures for misconduct: senior officersI1

Scotland Not yet in force

(1)

The 2012 Act is amended as follows.

(2)

For subsection (3) of section 52 (disciplinary procedures: conduct and performance), substitute—

“(3)

Such regulations must provide for—

(a)

the Authority to determine any case which relates to the standard of performance of a senior officer,

(b)

a panel independent of the Authority to determine any case which relates to the standard of behaviour of a senior officer or a person who has ceased to be a senior officer.”.

(3)

In section 56 (right to appeal to police appeals tribunal)—

(a)

after subsection (1), insert—

“(1A)

A senior officer may appeal to a police appeals tribunal against any decision to take any other action against the senior officer, in pursuance of regulations made under section 48 which provide for procedures for dealing with a constable whose standard of behaviour is unsatisfactory.”,

(b)

after subsection (2), insert—

“(2A)

In this section, a reference to a constable or senior officer includes a person who was a constable or a senior officer, as the case may be.”.

(4)

In subsection (2) of section 58 (determinations by tribunal), for “dismissal or demotion in rank of” substitute “action against”.

Annotations

Commencement

I1: S. 10 not in force at Royal Assent, see s. 22(2)