The Police Service of Scotland (Performance) Regulations 2013

PART 1 General

Citation and commencement

1.    These Regulations may be cited as the Police Service of Scotland (Performance) Regulations 2013 and come into force on 1st April 2013.

Interpretation

2.    In these Regulations—

“the 1996 Regulations” means the Police (Efficiency) (Scotland) Regulations 1996(1);

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

“appellant” means a constable making an appeal under regulation 20;

“chairing constable” means the individual appointed under regulation 15(1);

“countersigning officer” means a constable who is of a higher rank than the reporting officer appointed for the purposes of any proceedings under these Regulations;

“first interview” means the interview arranged under regulation 6;

“inefficiency hearing” means (unless the context otherwise requires) the hearing arranged under regulation 14;

“interviewing officer” means (unless the context otherwise requires) the individual appointed under regulation 6 to conduct the first interview;

“personnel officer” means a member of the police staff or a constable who, in either case, has been assigned functions in relation to proceedings under these Regulations;

“police force” means a police force maintained, before 1st April 2013, under the Police (Scotland) Act 1967(2);

“reporting officer” means (unless the context otherwise requires) a constable of a rank not lower than sergeant who has immediate supervisory responsibility for the constable in respect of whom proceedings under these Regulations are taken;

“senior manager” means—

(a)

the individual who is, for the time being—

(i)

supervising the individual who is the countersigning officer; or

(ii)

the local commander of the division to which the constable is assigned; or

(b)

where the countersigning officer mentioned in paragraph (a)(i) is of the same rank as the local commander of the division to which the constable is assigned, that local commander;

“second interview” means the interview arranged under regulation 10;

“the constable” means (unless the context otherwise requires) a constable to whom these Regulations apply and in respect of whom proceedings under these Regulations are taken; and

“transferred constable” means an individual who—

(a)

before 1st April 2013 was serving as a constable of a police force (excluding any such individual who was, immediately before that date, engaged on relevant service within the meaning given by section 38A(1) of the Police (Scotland) Act 1967);

(b)

is transferred to the Police Service under paragraph 6 of schedule 5 to the Act; and

(c)

is not a special constable.

Application

3.—(1) With the exception of Part 6 (senior officer performance), these Regulations apply only in relation to the performance of constables below the rank of assistant chief constable who have completed their period of probation.

(2) These Regulations do not apply to—

(a) constables on temporary service outwith the Police Service (either under arrangements made under section 15 of the Act or by virtue of paragraph 8(4) of schedule 5 to the Act);

(b) individuals engaged on temporary service as a constable of the Police Service (either under arrangements made under section 16 of the Act or by virtue of paragraph 8(2) of schedule 5 to the Act); or

(c) special constables.

Designation of deputy chief constable

4.  The chief constable must designate a deputy chief constable to carry out functions under these Regulations (and references in these Regulations to “the deputy chief constable” are, unless the context otherwise requires, references to that individual).

(1)

S.I. 1996/1643.

(2)

1967 c.77.