Regulation 2 InterpretationI1

In these Regulations—

• “appeal hearing” means a hearing held to determine an appeal under regulation 24;

• “appeal notice” means a written appeal notice sent under regulation 24(4);

• “audio recording” means a recording made on any disc, tape or other device on which sounds are recorded so as to be capable of being reproduced;

• “conduct” includes acts and omissions;

• “disciplinary action” means the action mentioned in regulation 22(3);

• “gross misconduct” means a breach of the Standards of Professional Behaviour so serious that demotion in rank or dismissal may be justified;

• “investigator” means a constable appointed under regulation 10(4)(a);

• “improvement action” means action intended to improve the conduct of the constable;

• “misconduct” means, unless the context otherwise requires, conduct which amounts to a breach of the Standards of Professional Behaviour (but does not, unless the context otherwise requires, include gross misconduct);

• “misconduct allegation” means any report, allegation or complaint from which it can reasonably be inferred that any conduct of the constable may amount to misconduct or gross misconduct;

• “misconduct form” means the form sent in accordance with regulation 15(2);

• “misconduct hearing” means a hearing to which a misconduct allegation is referred under regulation 14(3) where the deputy chief constable determines that the constable has a case to answer in respect of misconduct or gross misconduct;

• “misconduct investigation” means an investigation into whether the constable has a case to answer in relation to a misconduct allegation;

• “misconduct meeting” means a meeting to which a misconduct allegation is referred under regulation 14(2) where the deputy chief constable determines that the constable has a case to answer in respect of misconduct;

• “misconduct proceedings” means a misconduct meeting or a misconduct hearing;

• “Performance Regulations” means the Police Service of Scotland (Performance) Regulations 2014^f1;

• “person conducting the misconduct proceedings” means the constable appointed under regulation 16 to conduct the misconduct proceedings;

• “person determining the appeal” means the constable appointed under regulation 25(2) to determine an appeal under regulation 24;

• “police representative” means an individual chosen by the constable in accordance with regulation 6;

• “proved” means established on a balance of probabilities;

• “Standards of Professional Behaviour” means the standards set out in Schedule 1;

• “the 2013 Regulations” means the Police Service of Scotland (Conduct) Regulations 2013^f2;

• “the Act” means the Police and Fire Reform (Scotland) Act 2012^f3;

• “the constable” means, unless the context otherwise requires, a constable in respect of whom a misconduct allegation has been made and who is subject, in relation to that allegation, to any proceedings under these Regulations;

• “working day” means any day other than—

  1. (a)

     a Saturday or Sunday;

  2. (b)

     a day which is a bank holiday in Scotland within the meaning given by paragraph 2 of Schedule 1 to the Banking and Financial Dealings Act 1971^f4; or

  3. (c)

     a day which is a public holiday in Scotland; and

• “writing” includes electronic communications within the meaning given by section 15 of the Electronic Communications Act 2000^f5 (and “written” is to be construed accordingly).