Requirement to appear before a misconduct hearing8

1

This regulation applies to any case in which the independent solicitor has submitted a misconduct form to the police authority in terms of regulation 7(5).

2

The police authority shall, having considered the terms of the misconduct form, decide whether the senior officer should be required to appear before a misconduct hearing and, if it decides that he should, it shall direct the independent solicitor accordingly.

3

Where the police authority has decided in terms of paragraph (2) that the senior officer should not be required to appear before a misconduct hearing, then it shall forthwith notify the senior officer in writing.

4

If so directed in terms of paragraph (2), the independent solicitor shall cause–

a

the misconduct form to be completed containing a notice that the senior officer is required to attend–

i

a misconduct hearing at a time, date and place to be notified;

ii

if the chairman of the misconduct hearing adjourns the hearing in accordance with regulation 19, at the adjourned hearing at the time, date and place specified by the chairman; and

b

a copy of the misconduct form containing that notice to be sent to the senior officer.

5

For the purposes of section 40A(2) of the Police (Scotland) Act 19674, proceedings by virtue of section 26(2A)(a) of that Act, insofar as relating to a senior officer, shall be taken to have commenced on the date on which a copy of the misconduct form is sent to him in terms of paragraph (4).