The Police (Conduct) (Scotland) Regulations 1996

Limitations on disposals

19.—(1) None of the disposals mentioned in sub-paragraphs (a), (b) and (c) of regulation 18(1) shall be made by the chairman unless the constable has been given an opportunity in terms of regulation 6(5) to elect to be legally represented at the misconduct hearing.

(2) If the constable–

(a) fails without reasonable cause to give notice in accordance with regulation 9 that he intends to be legally represented; or

(b) gives notice in accordance with regulation 9 that he does not intend to be legally represented,

any such disposal as is mentioned in paragraph (1) may be made without him being legally represented.

(3) If the chairman decides to make a disposal in terms of regulation 18(1)(d), he shall not specify a reduction in pay in relation to the subject matter considered at the misconduct hearing (irrespective of the number of separate findings of misconduct) which would reduce the constable’s pay below the amount applicable to the pay category for a constable of the same rank which is–

(a) 2 categories lower than the pay category applicable to the constable; or

(b) if the constable is at pay category A or B of the pay categories for constables of the same rank, category A.

(4) If the chairman decides to make a disposal in terms of regulation 18(1)(e)–

(a) he shall not specify a fine in relation to the subject matter considered at the misconduct hearing (irrespective of the number of separate findings of misconduct) which exceeds in the aggregate one week’s pay; and

(b) the fine shall be recovered by stoppage of pay in amounts not exceeding one-seventh of the constable’s weekly pay, except in the event that he leaves the force when the whole amount of any fine then unpaid may be deducted from any pay then due.

(5) A fine or reduction in the rate of pay shall not result in any increment in pay being retarded or withheld.