The Police Service of Scotland Regulations 2013

Personal records S

11.—(1) The chief constable must cause a personal record of each constable to be kept.

(2) The personal record must contain—

(a) the home address of, and a contact telephone number (if any) for, the constable;

(b) a photograph not more than 10 years old of the constable taken in accordance with the directions of the chief constable and at the expense of the Authority;

(c) a personal description of the constable;

(d) particulars of the constable’s place and date of birth;

(e) particulars of the constable’s marriage or civil partnership (if any) and children and other dependants (if any) or, where none, particulars of the constable’s next of kin;

(f) a record of the constable’s service (if any) in any branch of Her Majesty’s naval, military or air forces or in the civil service or as a seaman;

(g) a record of the constable’s service (if any) in any police force including previous service with the Police Service (if any);

(h) a record of whether the constable—

(i) passed or failed to pass any qualifying examination at which the constable was a candidate;

(ii) obtained or failed to obtain any qualifying diploma; and

(i) a record of the constable’s service in the Police Service, including particulars of all promotions, changes of pay, postings, transfers, removals, injuries received, periods of illness, attendances at training courses, commendations, rewards, punishments, disposals other than cautions, and the date of the constable ceasing to be a constable of the Police Service with the reason, cause or manner thereof.

(3) The chief constable must cause to be expunged from the personal record—

(a) any record of a disposal made in terms of the Police (Conduct) (Scotland) Regulations 1996(1) after 3 years free from any disposal other than a caution;

(b) in the case of any proceedings taken against the constable under the Police (Efficiency) (Scotland) Regulations 1996(2), any record of proceedings (including any disposal made under those Regulations) after two years have elapsed since the date of the last event to take place in terms of those Regulations in relation to any proceedings taken against the constable;

(c) any record of a disposal made in terms of the Conduct Regulations after 3 years free from any disposal other than a caution; and

[F1 (d) when the condition in paragraph (3A) is met, any record of proceedings (including any disposal made) taken against the constable under or by virtue of—

(i) the Police Service of Scotland (Performance) Regulations 2013;

(ii) the Police Service of Scotland (Performance) Regulations 2014; or

(iii) the Police Service of Scotland (Senior Officers) (Performance) Regulations 2016.]

[F2 (3A) The condition mentioned in paragraph (3)(d) is that 2 years have elapsed since the date of the most recent action under those Regulations in relation to any proceedings taken against the constable or (as the case may be) senior officer.]

(4) Where any such record as is mentioned in paragraph (3) is expunged from a constable’s personal record, so much of that personal record as relates to any such record must be destroyed and a new part made out so as not to disclose that the expunged record existed.

(5) A constable is entitled to inspect that constable’s personal record.

(6) Where a constable ceases to be a constable of the Police Service that constable’s personal record must be kept for such time as the chief constable thinks fit and must then be destroyed.

Textual Amendments

F1 Reg. 11(3)(d) substituted (1.4.2016) by The Police Service of Scotland (Senior Officers) (Performance) Regulations 2016 (S.S.I. 2016/51), regs. 1, 41(2) (with reg. 3)

F2 Reg. 11(3A) inserted (1.4.2016) by The Police Service of Scotland (Senior Officers) (Performance) Regulations 2016 (S.S.I. 2016/51), regs. 1, 41(3) (with reg. 3)

Commencement Information

I1 Reg. 11 in force at 1.4.2013, see reg. 1

(1)

S.I. 1996/1642.

(2)

S.I. 1996/1643.