Paragraph 6 Transitional and saving: misconductI1

Scotland

(1)

For the purpose of these Regulations, references to an act or omission of a special constable include references to an act or omission of a transferred special constable occurring before 1st April 2013.

(2)

Notwithstanding paragraph 9, the 2008 Regulations continue to have effect (as they had effect immediately before the coming into force of paragraph 9) so far as they relate to misconduct, subject to the modifications in paragraph 7, where—

(a)

any report, complaint or allegation was received by a police force before 1st April 2013 from which it could reasonably be inferred that an act or omission of a special constable of that force amounted, or may have amounted, to misconduct under those Regulations;

(b)

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

(c)

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

(3)

For the purpose of paragraph (2)(b), proceedings are concluded—

(a)

in accordance with regulation 17(3) of the 2008 Regulations, on the date on which it is decided no inquiry is to take place; or

(b)

where a finding of misconduct is recorded and a disposal imposed under regulation 22 of the 2008 Regulations, on the date—

(i)

on which the period for requesting a review under regulation 23 of those Regulations has expired; or

(ii)

where a request for review is made under regulation 23 of those Regulations, on which the chief constable of the police force makes a decision on that review.

Annotations

Commencement

I1: Sch. 3 para. 6 in force at 1.4.2013, see reg. 1