Paragraph 3 I1

(1)

Despite their revocation by paragraph 2, the 1996 Regulations continue to have effect on and after 1st April 2013 as they had effect immediately before that date, subject to the modifications set out in paragraph 10, where—

(a)

a report, allegation or complaint to which those Regulations applied before 1st April 2013 was received by a police force before that date;

(b)

any proceedings under the 1996 Regulations in relation to that report, allegation or complaint have not been concluded before 1st April 2013; and

(c)

the individual in respect of whom that report, allegation or complaint was made is a transferred constable.

(2)

For the purpose of sub-paragraph (1)(b), in cases where no misconduct hearing has taken or is to take place, proceedings in relation to a report, allegation or complaint are to be treated as having been concluded—

(a)

in relation to allegations of misconduct of a minor or trivial nature dealt with under or by virtue of regulation 5(2) and (3) of the 1996 Regulations, when a warning was given;

(b)

when a decision was taken under regulation 6(3) of those Regulations that the individual in relation to whom the report, allegation or complaint was made was not to be required to appear before a misconduct hearing; or

(c)

when a decision was taken under regulation 7A of those Regulations that an allegation of misconduct was not to be considered at a misconduct hearing.

(3)

For the purpose of sub-paragraph (1)(b), in cases where a misconduct hearing has taken place, proceedings in relation to a report, allegation or complaint are to be treated as having been concluded—

(a)

where a finding was made that the conduct of the individual in relation to whom the report, allegation or complaint was made does not amount to misconduct, on the date the misconduct form was sent in accordance with regulation 17(4) of the 1996 Regulations; or

(b)

where a finding of misconduct and a disposal made were recorded in accordance with regulation 17(3) of those Regulations—

(i)

unless regulation 20(8) of those Regulations applies, on the date on which the period specified in regulation 20(6) of those Regulations for sending a notice of appeal has expired; or

(ii)

where a notice of appeal was sent within that period or is accepted late in accordance with regulation 20(8) of those Regulations, on the date on which the document recording the decision was sent under regulation 21(7) of those Regulations.

(4)

The reference in paragraph (3)(b) to a finding of misconduct and disposal includes a reference to any admission and disposal made in the circumstances described in regulation 13(6) of the 1996 Regulations.

Annotations

Commencement

I1: Sch. 2 para. 3 in force at 1.4.2013, see reg. 1

Notes on the whole SSI

Textual amendments

F1: Regulations revoked (except reg. 29, Sch. 2) (1.4.2014) by The Police Service of Scotland (Conduct) Regulations 2014 (S.S.I. 2014/68), regs. 1, 4(1)(4) (with regs. 3, 4(2)(3))