Interpretation
2. In these Regulations—
“appeal hearing” means a hearing held to determine an appeal under regulation 24;
“appeal notice” means a written appeal notice sent under regulation 24(4);
“audio recording” means a recording made on any disc, tape or other device on which sounds are recorded so as to be capable of being reproduced;
“conduct” includes acts and omissions;
“disciplinary action” means the action mentioned in regulation 22(3);
“gross misconduct” means a breach of the Standards of Professional Behaviour so serious that demotion in rank or dismissal may be justified;
“investigator” means a constable appointed under regulation 10(4)(a);
“improvement action” means action intended to improve the conduct of the constable;
“misconduct” means, unless the context otherwise requires, conduct which amounts to a breach of the Standards of Professional Behaviour (but does not, unless the context otherwise requires, include gross misconduct);
“misconduct allegation” means any report, allegation or complaint from which it can reasonably be inferred that any conduct of the constable may amount to misconduct or gross misconduct;
“misconduct form” means the form sent in accordance with regulation 15(2);
“misconduct hearing” means a hearing to which a misconduct allegation is referred under regulation 14(3) where the deputy chief constable determines that the constable has a case to answer in respect of misconduct or gross misconduct;
“misconduct investigation” means an investigation into whether the constable has a case to answer in relation to a misconduct allegation;
“misconduct meeting” means a meeting to which a misconduct allegation is referred under regulation 14(2) where the deputy chief constable determines that the constable has a case to answer in respect of misconduct;
“misconduct proceedings” means a misconduct meeting or a misconduct hearing;
“Performance Regulations” means the Police Service of Scotland (Performance) Regulations 2014(1);
“person conducting the misconduct proceedings” means the constable appointed under regulation 16 to conduct the misconduct proceedings;
“person determining the appeal” means the constable appointed under regulation 25(2) to determine an appeal under regulation 24;
“police representative” means an individual chosen by the constable in accordance with regulation 6;
“proved” means established on a balance of probabilities;
“Standards of Professional Behaviour” means the standards set out in Schedule 1;
“the 2013 Regulations” means the Police Service of Scotland (Conduct) Regulations 2013(2);
“the Act” means the Police and Fire Reform (Scotland) Act 2012(3);
“the constable” means, unless the context otherwise requires, a constable in respect of whom a misconduct allegation has been made and who is subject, in relation to that allegation, to any proceedings under these Regulations;
“working day” means any day other than—
a Saturday or Sunday;
a day which is a bank holiday in Scotland within the meaning given by paragraph 2 of Schedule 1 to the Banking and Financial Dealings Act 1971(4); or
a day which is a public holiday in Scotland; and
“writing” includes electronic communications within the meaning given by section 15 of the Electronic Communications Act 2000(5) (and “written” is to be construed accordingly).
S.S.I. 2013/60. This instrument has been amended by S.S.I. 2013/125.
1971 c.80. Paragraph 2 of Schedule 1 has been amended by section 1 of the St Andrew’s Day Bank Holiday (Scotland) Act 2007 (asp 2).
2000 c.7. Section 15 has been amended by the Schedule 17 to the Communications Act 2003 (c.21).