The Police Service of Scotland (Performance) Regulations 2013

EXPLANATORY NOTE

(This note is not part of the Order)

These Regulations make provision for the procedures for dealing with cases where the performance of a constable of the Police Service of Scotland (“the Police Service”) is unsatisfactory.

Part 1 makes general provision. Regulations 1 to 3 make provision about the commencement, interpretation and application of the Regulations. Regulation 4 requires the chief constable of the Police Service to designate a deputy chief constable (“the deputy chief constable”) to carry out functions under the Regulations.

Parts 2 to 5 deal with the performance of constables of the Police Service below the rank of assistant chief constable.

Part 2 makes provision about the first stage in dealing with such a constable whose performance is considered to be unsatisfactory. Regulations 5 and 6 require the constable to attend an interview (a “first interview”) with the constable’s immediate supervisor or, by request, with a constable senior in rank to that supervisor and make provision about the arrangement of that interview. Regulation 7 sets out the procedure to be followed at that interview and regulation 8 sets out the procedure to be followed following that interview, including how the interview and its outcome should be recorded.

Part 3 makes provision for the second stage for dealing with a constable whose performance continues to be unsatisfactory following the first stage. Regulation 9 requires such a constable to attend a second interview to discuss that constable’s performance. Regulation 10 makes provision about the arrangement of that interview, including provision for notifying the constable that the interview is to take place and why it is required. Regulation 11 establishes the procedure for a second interview, including making provision about who must conduct the interview and conferring on that individual the power to give the constable a warning if that constable’s performance is deemed unsatisfactory. Regulation 12 makes requirements about the procedure to be followed after the second interview.

Part 4 establishes a third stage in the process for dealing with constables whose performance continues to be considered to be unsatisfactory following the first and second stages. Regulation 13 makes provision for such a constable’s performance to be assessed following the second interview and for notice to be given to the constable, in the event that the constable’s performance is considered to be unsatisfactory, that the constable is required to attend an inefficiency hearing. Regulation 14 sets out how such a hearing is to be arranged.

Regulation 15 provides for the procedure at an inefficiency hearing, including requiring the deputy chief constable to appoint a constable of at least the rank of superintendent to chair that hearing and permitting the chairing constable to appoint other constables or an advocate or solicitor to assist. Regulation 16 allows for the postponement or adjournment of the inefficiency hearing either because the constable is unable to attend or because the chairing constable considers that it is appropriate to allow a further period to assess the constable’s performance. The procedure for carrying out such a further assessment and the continuation of the hearing following that assessment is also set out in regulation 16.

Regulation 17 requires the chairing constable, at the conclusion of the inefficiency hearing, to determine whether the constable’s performance has been unsatisfactory. The chairing constable is required to record that determination and the reasons for it. Where the chairing constable determines that the constable’s performance has been unsatisfactory, regulation 18 permits the chairing constable to require the constable to resign, demote the constable in rank or issue a warning about future performance and set a period for that performance to be assessed. Regulation 19 makes further provision about the assessment of the performance of a constable who has been given a warning under regulation 18, including requiring the chairing constable following such an assessment, to require the constable to resign if performance has not improved.

Part 5 makes provision about appeals. Regulation 20 permits an appeal to be made to the chief constable of the Police Service against a finding following an inefficiency hearing that the constable’s performance has been unsatisfacory, the disposal ordered following such a finding, or both. Regulation 21 makes provision about the procedure for determining an appeal. In particular, it permits the chief constable to fix an appeal hearing, sets out the procedure to be followed at such a hearing and allows the chief constable to refer the matter back to the chairing constable to hold a separate hearing on such matters as the chief constable may determine. Regulation 22 makes provision as to how an appeal should be determined, including the action the chief constable may take.

Part 6 makes provision about the performance of constables of the Police Service of the rank of assistant chief constable and above. Regulation 23 requires the Scottish Police Authority to set standards of performance for such constables and to maintain procedures for measuring the performance of such officers against those standards.

Part 7 and the Schedule revoke the Police (Efficiency) (Scotland) Regulations 1996 and make savings and transitional provisions to deal with proceedings under those Regulations in relation to constables of police forces who are transferred to the Police Service and which are not concluded on the date these Regulations come into force.