The Police Service of Scotland (Senior Officers) (Conduct) Regulations 2013

Investigation by the Authority

11.—(1) Where the Commissioner has referred a misconduct allegation back to the Authority under regulation 9(3)(b) or (4), the Authority may—

(a) carry out a misconduct investigation;

(b) take improvement action; or

(c) refer the matter to be dealt with under procedures maintained under regulation 23 of the Police Service of (Scotland) Performance Regulations 2013.

(2) Where the Authority decides, in accordance with paragraph (1)(a), to carry out a misconduct investigation it must—

(a) appoint a member of the Authority’s staff as an investigator;

(b) make arrangements with the chief constable for the appointment of a constable as an investigator; or

(c) make arrangements for the appointment of an individual falling within paragraph (3) as an investigator.

(3) An individual falls within this paragraph if the individual is a member of—

(a) a police force maintained under section 2 of the Police Act 1996(1);

(b) the metropolitan police force;

(c) the City of London police force;

(d) the Police Service of Northern Ireland;

(e) the British Transport Police Force;

(f) the States of Jersey Police Force;

(g) the salaried police force of the Island of Guernsey; or

(h) the Isle of Man Constabulary.

(4) A constable appointed in pursuance of paragraph (2)(b) is, for the purposes of the misconduct investigation—

(a) engaged on temporary service outwith the Police Service; and

(b) under the direction and control of the Authority.

(5) The Authority is liable in respect of the carrying out of any unlawful conduct on the part of a constable appointed under arrangements made under paragraph (2)(b) in the carrying out (or purported carrying out) of that constable’s functions in relation to the misconduct investigation in the same manner as an employer is liable in respect of any unlawful conduct on the part of an employee in the course of employment.

(6) An individual appointed in accordance with paragraph (2) must not be—

(a) a senior officer;

(b) a constable working directly under the management of the senior officer; or

(c) any other individual whose appointment could give rise to a reasonable concern as to whether that individual could act impartially in relation to the misconduct investigation.

(7) An individual appointed in accordance with paragraph (2) must have, in the opinion of the Authority, the necessary knowledge, skills and expertise to plan and manage the misconduct investigation in relation to which the appointment is made.

(8) If, during the course of the misconduct investigation, the Authority considers that by reason of the scale or complexity of the case a different investigator should be appointed it may—

(a) appoint, or arrange for the appointment of, an individual to replace the investigator originally appointed; or

(b) request the Commissioner to carry out the misconduct investigation.

(9) Paragraphs (2) to (7) apply to the appointment of a replacement investigator.

(1)

1996 c.16. Section 2 has been amended by Schedule 16 to the Police Reform and Social Responsibility Act 2011 (c.13).