Police and Fire Reform (Scotland) Act 2012

[^key-ef9a00f41624b063129ccce11519ec13]: Sch. 7 para. 19 in force at 1.4.2013 by S.S.I. 2013/51, art. 2

[^key-79a4d3992586f0e3234293998f423ba2]: Sch. 7 para. 21 in force at 1.4.2013 by S.S.I. 2013/51, art. 2

[^key-e1fbd13d161c3d115cf9230f9f2a91db]: Sch. 7 para. 22 in force at 1.4.2013 by S.S.I. 2013/51, art. 2

[^key-0127d9ea916b0610b0337b9d744f0411]: Sch. 7 para. 23 in force at 1.4.2013 by S.S.I. 2013/51, art. 2

[^key-da08fa929d8118c6f1068924e1cf04c3]: Sch. 7 para. 24 in force at 1.4.2013 by S.S.I. 2013/51, art. 2

[^key-eae19df64505c83ac85b1b6252a06459]: Sch. 7 para. 25 in force at 1.4.2013 by S.S.I. 2013/51, art. 2

[^key-affd38638ca0d9998fccdd9d7b21463f]: Sch. 7 para. 67 in force at 1.4.2013 by S.S.I. 2013/51, art. 2

[^key-b9c8673a599e172c3c373b225df06799]: Sch. 7 para. 27 in force at 1.4.2013 by S.S.I. 2013/51, art. 2

[^key-f3792dd7440bc69f36968ca24809cc72]: Sch. 7 para. 28 in force at 1.4.2013 by S.S.I. 2013/51, art. 2

[^key-823b0732b8b50107c7956aeb42384086]: Sch. 7 para. 29 in force at 1.4.2013 by S.S.I. 2013/51, art. 2

[^key-61f943add76fc1c5e585dc1a56d59d4f]: Sch. 7 para. 30 in force at 1.4.2013 by S.S.I. 2013/51, art. 2

[^key-03e5804a68323077237cb96479a8f857]: Sch. 7 para. 70 in force at 1.4.2013 by S.S.I. 2013/51, art. 2

[^key-262ec70b9ceb221b32f2aa33e2d8a9db]: Sch. 7 para. 31 in force at 1.4.2013 by S.S.I. 2013/51, art. 2

[^key-f721e364f1639ebdec93da0635205550]: Sch. 7 para. 32 in force at 1.4.2013 by S.S.I. 2013/51, art. 2

[^key-aef5ac05c4b9682dff5f18a8661aa714]: Sch. 7 para. 34 in force at 1.4.2013 by S.S.I. 2013/51, art. 2

[^key-724e4e28a1bfa57dde19be0c049dfae1]: Sch. 7 para. 35 in force at 1.4.2013 by S.S.I. 2013/51, art. 2

[^key-0efe1bbb40b38198c6f6836d641c20af]: Sch. 7 para. 36 in force at 1.4.2013 by S.S.I. 2013/51, art. 2

[^key-3680e3a6bca39b3beb68af0e23382abf]: Sch. 7 para. 37 in force at 1.4.2013 by S.S.I. 2013/51, art. 2

[^key-2869e721edf30e411b820ba631284043]: Sch. 7 para. 38 in force at 1.4.2013 by S.S.I. 2013/51, art. 2

[^key-8409c25675d7f432a5f053bdb736024c]: Sch. 7 para. 39 in force at 1.4.2013 by S.S.I. 2013/51, art. 2

[^key-d3b562a4051ea8ea9dde4eaadc74f093]: Sch. 7 para. 41 in force at 1.4.2013 by S.S.I. 2013/51, art. 2

[^key-31d5261e792f363e6e342f7dfc0501a5]: Sch. 7 para. 42 in force at 1.4.2013 by S.S.I. 2013/51, art. 2

[^key-978285f840dffca613c31921d72db6d9]: Sch. 7 para. 43 in force at 1.4.2013 by S.S.I. 2013/51, art. 2

[^key-0f6ed1a4c2ca764ae6778575415422c4]: Sch. 7 para. 44 in force at 1.4.2013 by S.S.I. 2013/51, art. 2

[^key-bfaa2385ee9f41ead7c65a831a39ac47]: Sch. 7 para. 46 in force at 1.4.2013 by S.S.I. 2013/51, art. 2

[^key-7d1cfd3bc8d10549dedcd5d457c63c36]: Sch. 7 para. 47 in force at 1.4.2013 by S.S.I. 2013/51, art. 2

[^key-ea3057988ac36acabaaa38b7abd5ac6b]: Sch. 7 para. 48 in force at 1.4.2013 by S.S.I. 2013/51, art. 2

[^key-5cc45d7ce3ea4c374e2167acb30823d7]: Sch. 7 para. 50 in force at 1.4.2013 by S.S.I. 2013/51, art. 2

[^key-a63ed812a7be8760bc02d69c28ea9f74]: Sch. 7 para. 51 in force at 1.4.2013 by S.S.I. 2013/51, art. 2

[^key-1fae9faf48994334ac579dc6afcfe369]: Sch. 7 para. 52 in force at 1.4.2013 by S.S.I. 2013/51, art. 2

[^key-e6f9e28dc7455e238a464338b6f9cecd]: Sch. 7 para. 54 in force at 1.4.2013 by S.S.I. 2013/51, art. 2 (with art. 4)

[^key-23e5c8c5a3f7fd1dc3147084d5051aa9]: Sch. 7 para. 55 in force at 1.4.2013 by S.S.I. 2013/51, art. 2

[^key-bbbb5d4efdc4e24c181b48c415e1059c]: Sch. 7 para. 56 in force at 1.4.2013 by S.S.I. 2013/51, art. 2

[^key-fc1223f7149056d18483f7d8939734af]: Sch. 7 para. 57 in force at 1.4.2013 by S.S.I. 2013/51, art. 2

[^key-1a7fc22e58a1e24fb78fab4877a46232]: Sch. 7 para. 58 in force at 1.4.2013 by S.S.I. 2013/51, art. 2

[^key-960daef249124befdbe4556a9b36f35e]: Sch. 7 para. 59 in force at 1.4.2013 by S.S.I. 2013/51, art. 2

[^key-6d091d38c3cf07001311aea5a6b4fb12]: Sch. 7 para. 60 in force at 1.4.2013 by S.S.I. 2013/51, art. 2

[^key-7f86e8e373f2becbbdbf278f0bbf69ca]: Sch. 7 para. 66 in force at 1.4.2013 by S.S.I. 2013/51, art. 2

[^key-e309eaa4c8f5d2eebf62faa8ef3fe2db]: Sch. 7 para. 69 in force at 1.4.2013 by S.S.I. 2013/51, art. 2

[^key-e3f33f5d79d2149535d63a148722740e]: Sch. 7 para. 71 in force at 1.4.2013 by S.S.I. 2013/51, art. 2

[^key-bc310eff672f27b5f0d0d890e5744737]: Sch. 7 para. 74 in force at 1.4.2013 by S.S.I. 2013/51, art. 2

[^key-992b357237ae36bbfa7b1d81170c9c81]: Sch. 2 para. 1 in force at 1.4.2013 by S.S.I. 2013/51, art. 2

[^key-86ac04c44fecb3066b718575b371d60e]: Sch. 2 para. 2 in force at 1.4.2013 by S.S.I. 2013/51, art. 2

[^key-196f656690dad87fc97e2c49a270ec6a]: S. 11(5)-(7) in force at 1.4.2013 by S.S.I. 2013/51, art. 2

[^key-66fd4059425e8456c6afce68d87e5570]: Sch. 7 para. 33(1)-(14) in force at 1.4.2013 by S.S.I. 2013/51, art. 2

[^key-77abad0b4935cf51eaea89e7938662b3]: Sch. 7 para. 68(1)-(14) in force at 1.4.2013 by S.S.I. 2013/51, art. 2

[^key-5e6d8126a1c5c8a9fe4fe06b3471f473]: Sch. 7 para. 68(17)-(27) in force at 1.4.2013 by S.S.I. 2013/51, art. 2

[^key-a5f0e5315a8a76e380856033a308c378]: Sch. 7 para. 1 omitted (1.4.2013) by virtue of The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602), art. 1(2), Sch. 2 para. 65

[^key-6fbda9a6f46db1f8e3df90d0956f2199]: Words in s. 10(1) inserted (1.4.2016) by The Courts Reform (Scotland) Act 2014 (Consequential Provisions) Order 2016 (S.S.I. 2016/142), art. 1, Sch. para. 5(2)

[^key-e6c83b86671071449e6e8130781ad0f9]: Words in s. 16(3) inserted (1.4.2016) by The Courts Reform (Scotland) Act 2014 (Consequential Provisions) Order 2016 (S.S.I. 2016/142), art. 1, Sch. para. 5(3)

[^M_I_32660c32-3221-4981-e9b0-ff726372197a]: S. 17(1)(2)(a)(b)(e)-(g)(3)-(6) in force at 1.4.2013 S.S.I. 2013/51, art. 2

[^key-df63eda04952c267c1cc5ca4aaa26be5]: Sch. 7 para. 56 repealed (1.8.2016) by Housing (Scotland) Act 2014 (asp 14), s. 104(3), Sch. 2 para. 19; S.S.I. 2014/264, art. 2, sch. (with art. 4)

[^key-6003daedd00ff15090a611316220084c]: Words in s. 20(1)(e) substituted (28.11.2016) by The Courts Reform (Scotland) Act 2014 (Relevant Officer and Consequential Provisions) Order 2016 (S.S.I. 2016/387), art. 1, sch. 4 para. 3

[^key-5a55f4074945b796bf55a18b1ad29df7]: Words in s. 46(2) substituted (20.12.2016) by Community Empowerment (Scotland) Act 2015 (asp 6), s. 142(1), sch. 4 para. 12(a); S.S.I. 2016/410, art. 2(a)

[^key-aa8e75a5ebbb3f6d0941528286e2e95a]: Words in s. 47(11) substituted (20.12.2016) by Community Empowerment (Scotland) Act 2015 (asp 6), s. 142(1), sch. 4 para. 12(b); S.S.I. 2016/410, art. 2(a)

[^key-a56301a8eb7c76bd4ac11b7b96eda9de]: S. 24 modified (31.7.2017) by The Criminal Justice (European Investigation Order) Regulations 2017 (S.I. 2017/730), regs. 1(1), 34(7)(a) (with regs. 3, 34(1))

[^key-5b858d2d5e4297bd5f315eaff68aa922]: S. 90 modified (31.7.2017) by The Criminal Justice (European Investigation Order) Regulations 2017 (S.I. 2017/730), regs. 1(1), 34(7)(b) (with regs. 3, 34(1))

[^key-fa3c526300a659d2abbebc4d2da6b30e]: S. 20(2)(3) repealed (25.1.2018) by Criminal Justice (Scotland) Act 2016 (asp 1), s. 117(2), sch. 2 para. 41; S.S.I. 2017/345, art. 3, sch.

[^key-4b95ca40212684d5cf746969eb4c8a37]: Words in s. 99(1) omitted (31.12.2020) by virtue of The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/742), regs. 1, 69 (with regs. 2(3), 10, 72) (as amended by S.I. 2020/1408, regs. 1, 8, 19); 2020 c. 1, Sch. 5 para. 1(1)

[^key-5e61b225182fcaa7a8ff803d61592357]: Sch. 2 para. 1(ba) inserted (1.10.2022) by Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8), ss. 40(4), 59(1)

[^key-c52df53f7c9d62b5dac183357eb5957c]: Sch. 2A inserted (9.3.2023) by Criminal Justice (Scotland) Act 2016 (asp 1), s. 117(2), sch. 3; S.S.I. 2023/49, art. 2(c)

[^key-a7600cd9ded72dc5d30bcad137dde68b]: S. 125(3A) inserted (9.3.2023) by Criminal Justice (Scotland) Act 2016 (asp 1), ss. 113(3), 117(2); S.S.I. 2023/49, art. 2(b)

[^key-3cad07fc97a451846a4845b32cb3176a]: Sch. 7 para. 26 repealed (31.3.2023) by Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22), s. 45(2)(3), sch. 2 para. 8 (with s. 44); S.S.I. 2023/51, reg. 2 (with regs. 3, 4(6))

[^key-5d25d78d39c8dc71c846ecb9f2435688]: Pt. 1 Ch. 8A inserted (9.3.2023 for specified purposes, 17.8.2023 in so far as not already in force) by Criminal Justice (Scotland) Act 2016 (asp 1), ss. 113(1), 117(2) (with s. 114(2)); S.S.I. 2023/49, art. 2(a); S.S.I. 2023/139, art. 2(a)

[^key-db5d2389b948a7427ba243992c351153]: Word in s. 54(1) substituted (17.8.2023) by Criminal Justice (Scotland) Act 2016 (asp 1), ss. 113(2)(a), 117(2); S.S.I. 2023/139, art. 2(b)

[^key-31ddcdbf6e57f23bf959484367548725]: Word in s. 54(1)(a) substituted (17.8.2023) by Criminal Justice (Scotland) Act 2016 (asp 1), ss. 113(2)(b), 117(2); S.S.I. 2023/139, art. 2(b)

[^key-aa763703b818bd0bd775cebada3d4a74]: Sch. 7 para. 13(4) repealed (17.8.2023) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 102 (with ss. 21, 33, 42, 58, 75, 93); S.I. 2023/829, art. 2(d)(viii)

[^key-584642a24e9f025494fb09407f77b69f]: S. 15(1) modified (1.12.2023) by Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 (c. 41), s. 63(4), Sch. 1 para. 17(5)(c) (with s. 61)

[^key-bdc735ca32fb67a9bec2ef58c2df8a67]: Pt. 1 Ch. 4A inserted (25.6.2025) by Police (Ethics, Conduct and Scrutiny) (Scotland) Act 2025 (asp 5), ss. 2(2), 22(2); S.S.I. 2025/175, reg. 2(b)

[^key-3d062bde67f9ae78ea882abfe177f627]: Pt. 1 Ch. 4B inserted (25.6.2025) by Police (Ethics, Conduct and Scrutiny) (Scotland) Act 2025 (asp 5), ss. 4(2), 22(2); S.S.I. 2025/175, reg. 2(d)

[^key-0f586e592d2a2ebb6c86ce3215ce3ee2]: Pt. 1 Ch. 9A inserted (25.6.2025 for specified purposes) by Police (Ethics, Conduct and Scrutiny) (Scotland) Act 2025 (asp 5), ss. 9(2), 22(2); S.S.I. 2025/175, reg. 2(i)

[^key-146c06f4b9a0a30f8c0b1db444d6fc1e]: Sch. 2ZA inserted (25.6.2025) by Police (Ethics, Conduct and Scrutiny) (Scotland) Act 2025 (asp 5), ss. 2(6), 22(2); S.S.I. 2025/175, reg. 2(b)

[^key-fb77bae49f2c858180bc306a93e09a00]: S. 50A inserted (25.6.2025) by Police (Ethics, Conduct and Scrutiny) (Scotland) Act 2025 (asp 5), ss. 5(2), 22(2); S.S.I. 2025/175, reg. 2(e)

[^key-b31db4175c8de6f93272c2e432c295f4]: Words in s. 10(1) inserted (25.6.2025) by Police (Ethics, Conduct and Scrutiny) (Scotland) Act 2025 (asp 5), ss. 2(3), 22(2); S.S.I. 2025/175, reg. 2(b)

[^key-14488fda6547a34ab1a4bf511cc0b019]: Word in s. 10(1) inserted (25.6.2025) by Police (Ethics, Conduct and Scrutiny) (Scotland) Act 2025 (asp 5), ss. 3(2), 22(2); S.S.I. 2025/175, reg. 2(c)

[^key-bde0cec2ddb5fd562862f5a7e1ef31f9]: S. 17(2)(da) inserted (25.6.2025) by Police (Ethics, Conduct and Scrutiny) (Scotland) Act 2025 (asp 5), ss. 2(4)(a), 22(2); S.S.I. 2025/175, reg. 2(b)

[^key-f146330deaff02bf1be38c62acb54814]: Words in s. 17(4)(a) inserted (25.6.2025) by Police (Ethics, Conduct and Scrutiny) (Scotland) Act 2025 (asp 5), ss. 2(4)(b), 22(2); S.S.I. 2025/175, reg. 2(b)

[^key-6dc7606acef4c5e8e4aa268eef311d16]: S. 24(3A) inserted (25.6.2025) by Police (Ethics, Conduct and Scrutiny) (Scotland) Act 2025 (asp 5), ss. 6(a), 22(2); S.S.I. 2025/175, reg. 2(f)

[^key-8b1cc6acfed1aa3ca5ec5d7e3f384096]: Word in s. 24(4) substituted (25.6.2025) by Police (Ethics, Conduct and Scrutiny) (Scotland) Act 2025 (asp 5), ss. 6(b), 22(2); S.S.I. 2025/175, reg. 2(f)

[^key-3521f5833afe875e5adf1cda2837dfe1]: Word in s. 32 repealed (25.6.2025) by Police (Ethics, Conduct and Scrutiny) (Scotland) Act 2025 (asp 5), ss. 3(3)(a), 22(2); S.S.I. 2025/175, reg. 2(c)

[^key-1708bc3a6c7e2c9e34eaf4359afb6c2b]: S. 32(c) and word inserted (25.6.2025) by Police (Ethics, Conduct and Scrutiny) (Scotland) Act 2025 (asp 5), ss. 3(3)(b), 22(2); S.S.I. 2025/175, reg. 2(c)

[^key-d8573a83c64e50f098995d0928d53874]: S. 52(2)(f) inserted (25.6.2025) by Police (Ethics, Conduct and Scrutiny) (Scotland) Act 2025 (asp 5), ss. 8(a), 22(2); S.S.I. 2025/175, reg. 2(h)

[^key-c349706e18822a9687204dc174833919]: S. 52(2A)(2B) inserted (25.6.2025) by Police (Ethics, Conduct and Scrutiny) (Scotland) Act 2025 (asp 5), ss. 8(b), 22(2); S.S.I. 2025/175, reg. 2(h)

[^key-2c1108a4fc6e8452872c1af6c866300f]: S. 52(5) inserted (25.6.2025) by Police (Ethics, Conduct and Scrutiny) (Scotland) Act 2025 (asp 5), ss. 8(c), 22(2); S.S.I. 2025/175, reg. 2(h)

[^key-6ece91c49780698218ab228353aa41b8]: Words in s. 52(2)(d) substituted (25.6.2025) by Police (Ethics, Conduct and Scrutiny) (Scotland) Act 2025 (asp 5), ss. 7, 22(2); S.S.I. 2025/175, reg. 2(g)

[^key-34807830b528de10c26dc6a41ab06543]: S. 125(2A) inserted (25.6.2025) by Police (Ethics, Conduct and Scrutiny) (Scotland) Act 2025 (asp 5), ss. 2(5), 22(2); S.S.I. 2025/175, reg. 2(b)

[^key-49faad38a9783eaafce4d4bcfd79d816]: S. 125(2B) inserted (25.6.2025 for specified purposes) by Police (Ethics, Conduct and Scrutiny) (Scotland) Act 2025 (asp 5), ss. 9(3), 22(2); S.S.I. 2025/175, reg. 2(i)

[^key-e5835b436ab378474a26afc0688c9781]: S. 57 repealed (29.12.2025) by The First-tier Tribunal for Scotland (Transfer of Functions and Members of the Police Appeals Tribunal) Regulations 2025 (S.S.I. 2025/378), reg. 1(1), sch. 2 para. 1(3) (with sch. 1)

[^key-dba80d602ea809230ee054a9e739d68c]: S. 59 repealed (29.12.2025) by The First-tier Tribunal for Scotland (Transfer of Functions and Members of the Police Appeals Tribunal) Regulations 2025 (S.S.I. 2025/378), reg. 1(1), sch. 2 para. 1(5) (with sch. 1)

[^key-07c7693936842b0e03f1442d060068d3]: Words in s. 99(1) inserted (29.12.2025) by The First-tier Tribunal for Scotland (Transfer of Functions and Members of the Police Appeals Tribunal) Regulations 2025 (S.S.I. 2025/378), reg. 1(1), sch. 2 para. 1(6)(a) (with sch. 1)

[^key-262876ea1f0367092c6698d4a839b977]: Words in s. 99(1) omitted (29.12.2025) by virtue of The First-tier Tribunal for Scotland (Transfer of Functions and Members of the Police Appeals Tribunal) Regulations 2025 (S.S.I. 2025/378), reg. 1(1), sch. 2 para. 1(6)(b) (with sch. 1)

[^key-a660a8d3fd22d1d3d26dcd8bd60cb306]: S. 56(3) repealed (29.12.2025) by The First-tier Tribunal for Scotland (Transfer of Functions and Members of the Police Appeals Tribunal) Regulations 2025 (S.S.I. 2025/378), reg. 1(1), sch. 2 para. 1(2)(b) (with sch. 1)

[^key-2d0648151d5e599548eca533c3cc0854]: S. 56 heading substituted (29.12.2025) by The First-tier Tribunal for Scotland (Transfer of Functions and Members of the Police Appeals Tribunal) Regulations 2025 (S.S.I. 2025/378), reg. 1(1), sch. 2 para. 1(2)(d) (with sch. 1)

[^key-9be0dba4917d0dbf7ffad8644b0db33a]: Words in s. 56(1) substituted (29.12.2025) by The First-tier Tribunal for Scotland (Transfer of Functions and Members of the Police Appeals Tribunal) Regulations 2025 (S.S.I. 2025/378), reg. 1(1), sch. 2 para. 1(2)(a) (with sch. 1)

[^key-6cfa8d1f485da4c3f68715d3cacd3727]: Words in s. 58(1) substituted (29.12.2025) by The First-tier Tribunal for Scotland (Transfer of Functions and Members of the Police Appeals Tribunal) Regulations 2025 (S.S.I. 2025/378), reg. 1(1), sch. 2 para. 1(4)(a) (with sch. 1)

[^key-766dde1b1c1b49eae35fc4b76bf6c46f]: Words in s. 58(2) inserted (29.12.2025) by The First-tier Tribunal for Scotland (Transfer of Functions and Members of the Police Appeals Tribunal) Regulations 2025 (S.S.I. 2025/378), reg. 1(1), sch. 2 para. 1(4)(b) (with sch. 1)

[^key-7fb4fffd1c311ec65a2c20d213409a10]: Words in s. 58(3) substituted (29.12.2025) by The First-tier Tribunal for Scotland (Transfer of Functions and Members of the Police Appeals Tribunal) Regulations 2025 (S.S.I. 2025/378), reg. 1(1), sch. 2 para. 1(4)(c) (with sch. 1)

[^key-595ef8f170c6e6f48d4b1be52bc4a381]: Words in s. 58(4) substituted (29.12.2025) by The First-tier Tribunal for Scotland (Transfer of Functions and Members of the Police Appeals Tribunal) Regulations 2025 (S.S.I. 2025/378), reg. 1(1), sch. 2 para. 1(4)(d)(i) (with sch. 1)

[^key-566754ab9c5fa5144fbc6692d2b8e26f]: Words in s. 58(4) substituted (29.12.2025) by The First-tier Tribunal for Scotland (Transfer of Functions and Members of the Police Appeals Tribunal) Regulations 2025 (S.S.I. 2025/378), reg. 1(1), sch. 2 para. 1(4)(d)(ii) (with sch. 1)

[^key-e02fa62b8e537615cb2602594dd5c5a5]: Words in s. 58(5) substituted (29.12.2025) by The First-tier Tribunal for Scotland (Transfer of Functions and Members of the Police Appeals Tribunal) Regulations 2025 (S.S.I. 2025/378), reg. 1(1), sch. 2 para. 1(4)(e) (with sch. 1)

[^key-ed9f3c1d4a54af31700ffe5c84d10c8c]: Ch. 9 heading substituted (29.12.2025) by The First-tier Tribunal for Scotland (Transfer of Functions and Members of the Police Appeals Tribunal) Regulations 2025 (S.S.I. 2025/378), reg. 1(1), sch. 2 para. 1(2)(c) (with sch. 1)

[^key-be09d905ccf34ffafa7ef1948a88d56d]: Sch. 3 repealed (29.12.2025) by The First-tier Tribunal for Scotland (Transfer of Functions and Members of the Police Appeals Tribunal) Regulations 2025 (S.S.I. 2025/378), reg. 1(1), sch. 2 para. 1(7) (with sch. 1)

Functions of the Authority

Regular constables

CHAPTER 8A — POLICE NEGOTIATING BOARD FOR SCOTLAND

55A

• (1) There is established a body to be known as the Police Negotiating Board for Scotland.

• (2) Schedule 2A makes further provision about the Police Negotiating Board for Scotland.

• (3) In this Chapter, the references to the PNBS are to the Police Negotiating Board for Scotland.

55B

• (1) The PNBS may make representations to the Scottish Ministers about—

• (a) any draft regulations shared with it under section 54(1)(a),

• (b) any draft determination of a kind mentioned in subsection (2),

• (c) the matters mentioned in subsection (4) generally.

• (2) The draft determination referred to in subsection (1)(b) is a draft of a determination to be made by the Scottish Ministers—

• (a) in relation to a matter mentioned in subsection (4), and

• (b) by virtue of regulations made under section 48.

• (3) The Scottish Ministers may, after consulting the chairperson of the PNBS—

• (a) require the PNBS to make representations under subsection (1),

• (b) set or extend a time limit within which it must do so.

• (4) The matters referred to in subsections (1)(c) and (2)(a) are the following matters in relation to constables (other than special constables) and police cadets—

• (a) pay, allowances and expenses,

• (b) public holidays and leave,

• (c) hours of duty.

55C

• (1) The PNBS may make representations to the Scottish Ministers about—

• (a) any draft regulations shared with it under section 54(2),

• (b) the matters mentioned in subsection (2) generally.

• (2) The matters referred to in subsection (1)(b) are matters relating to the governance, administration and conditions of service of constables (other than special constables) and police cadets.

• (3) But those matters do not include the matters mentioned in section 55B(4).

55D

• (1) If representations under section 55B(1) are made in terms settled through arbitration in accordance with the PNBS's constitution, the Scottish Ministers must take all reasonable steps appearing to them to be necessary for giving effect to those representations.

• (2) However, this—

• (a) requires the Scottish Ministers to take such steps only in qualifying cases (see paragraph 8(2) of schedule 2A),

• (b) does not require the Scottish Ministers—

• (i) to take such steps in relation to representations that are no longer being pursued by the PNBS, or

• (ii) where such steps would comprise or include the making of regulations under section 48, to make regulations under that section more than once with respect to the same representations.

55E

• (1) The PNBS must, as soon as practicable after the end of each reporting year, prepare a report on how it has carried out its functions during that year.

• (2) The PNBS must—

• (a) give a copy of each report to the Scottish Ministers,

• (b) publish each report in such manner as it considers appropriate.

• (3) In this Chapter, “reporting year” is as defined in the PNBS's constitution.

Investigations under supervision of Lord Advocate or procurator fiscal

Crown application

Fire safety: enforcement

Fire-fighting

Road traffic accidents

Conferral of functions in relation to other emergencies

Power to respond to other eventualities

Provision of other services

Provision of centres for education and training

Charging

Best value

SCHEDULE 2A

Status of the PNBS

1

• (1) The PNBS—

• (a) is not a servant or agent of the Crown, and

• (b) has no status, immunity or privilege of the Crown.

• (2) The property of the PNBS is not property of, or property held on behalf of, the Crown.

Chairing and membership

2

• (1) The PNBS is to consist of—

• (a) a chairperson,

• (b) other persons representing the interests of each of—

• (i) the Authority,

• (ii) the chief constable,

• (iii) constables (other than special constables) and police cadets,

• (iv) the Scottish Ministers.

• (2) It is for the Scottish Ministers to appoint the chairperson.

• (3) Other members are to be appointed in accordance with the constitution prepared under paragraph 5.

• (4) A member of the PNBS holds and vacates office in accordance with the terms of the member's appointment.

• (5) The chairperson may—

• (a) resign from office by giving notice in writing to the Scottish Ministers,

• (b) be removed from office if, in the opinion of the Scottish Ministers, the person is unable, unfit or unwilling to perform the functions of the office.

Temporary chairperson

3

• (1) The PNBS may have a temporary chairperson if (for the time being)—

• (a) there is no chairperson, or

• (b) the chairperson is unavailable to act.

• (2) A reference in this Chapter to the chairperson is to be read, where appropriate to do so by virtue of sub-paragraph (1), as meaning or including (as the context requires) the temporary chairperson.

Disqualification from chairing

4

A person is disqualified from appointment, and from holding office, as the chairperson of the PNBS if the person is or becomes—

• (a) a member of the House of Commons,

• (b) a member of the Scottish Parliament,

• (c) a member of the European Parliament,

• (d) a Minister of the Crown,

• (e) a member of the Scottish Government,

• (f) a civil servant.

Constitution and procedure etc.

5

• (1) It is for the Scottish Ministers to prepare the constitution for the PNBS.

• (2) The constitution must regulate the procedure for consensus to be reached among the members of the PNBS on the terms of representations to be made under section 55B(1) or 55C(1).

• (3) The constitution—

• (a) may require a dispute on representations to be made under section 55B(1) to be submitted to arbitration by agreement among the members to do so, and must not prevent such a dispute from being submitted to arbitration on such agreement (except prevention by way of limitation as allowed below),

• (b) may—

• (i) authorise the chairperson to submit such a dispute to arbitration without such agreement,

• (ii) limit how often within a reporting year such a dispute can be submitted to arbitration (including limitation framed by reference to particular matters or circumstances).

• (4) The constitution may contain provision about—

• (a) membership (including number of members to represent each of the interests mentioned in paragraph 2(1)(b)),

• (b) internal organisation (for example, committees and office-holders),

• (c) procedures to be followed (including conduct of meetings),

• (d) the content of a report required by section 55E,

• (e) such other matters as the Scottish Ministers consider appropriate.

• (5) The Scottish Ministers—

• (a) must keep the constitution under review,

• (b) may revise it from time to time.

• (6) Before preparing or revising the constitution, the Scottish Ministers must consult—

• (a) the Authority,

• (b) the chief constable, and

• (c) persons representing the interests of constables (other than special constables) and police cadets.

• (7) The constitution, or any revision of it, has effect only when brought into effect by the Scottish Ministers by regulations.

Process of arbitration

6

• (1) Sub-paragraph (2) applies where—

• (a) a dispute is submitted to arbitration in accordance with the constitution, and

• (b) no arbitration agreement relating to the dispute is in place.

• (2) A document submitting the dispute to arbitration is deemed to be an arbitration agreement.

• (3) For the application of the Arbitration (Scotland) Act 2010, a reference in this paragraph to an arbitration agreement is to such an agreement as defined by section 4 of that Act.

7

• (1) Sub-paragraph (2) applies for the purpose of arbitration in accordance with the constitution (whether such arbitration arises by reason of a real or deemed arbitration agreement).

• (2) Regulations under paragraph 5(7) may include provisions disapplying or modifying the mandatory rules in schedule 1 to the Arbitration (Scotland) Act 2010.

8

• (1) Sub-paragraph (2) applies for the purpose of the operation of section 55D.

• (2) Regulations under paragraph 5(7) may include provisions specifying, by reference to particular matters or circumstances, what are qualifying cases.

Remuneration and expenses

9

• (1) The Scottish Ministers may pay—

• (a) such remuneration to the chairperson of the PNBS as they think fit,

• (b) such expenses of the members of the PNBS as they think fit.

• (2) The Scottish Ministers must pay such expenses as they consider are reasonably required to be incurred to enable the PNBS to carry out its functions.

CHAPTER 4A — Code of ethics

36A

• (1) The chief constable must prepare a code of ethics for the Police Service (to be known as “the Code of Ethics for Policing in Scotland”) as soon as is reasonably practicable after section 2 of the Police (Ethics, Conduct and Scrutiny) (Scotland) Act 2025 comes into force.

• (2) The code of ethics is a code which sets out the values of the Police Service and expectations relating to the conduct and practice of its constables and of police staff.

• (3) The chief constable must involve the Authority in the preparation of the code of ethics and the Authority must provide the chief constable with such assistance as the chief constable may reasonably require in that regard.

• (4) In preparing the code of ethics, the chief constable must have regard to—

• (a) the policing principles set out in section 32,

• (b) the standards of behaviour referred to in section 52(2)(a)(i),

• (c) the European Code of Police Ethics adopted as Recommendation Rec(2001)10 of the Committee of Ministers to member states on the European Code of Police Ethics, by the Committee of Ministers on 19 September 2001 at the 765th meeting of the Ministers’ deputies,

• (d) the United Nations’ Code of Conduct for Law Enforcement Officials, adopted by General Assembly resolution 34/169 of 17 December 1979,

• (e) the United Nations’ Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, adopted by the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, Havana, Cuba, 27 August to 7 September 1990,

• (f) Convention rights within the meaning of section 1 of the Human Rights Act 1998,

• (g) the rights and obligations set out in the schedule of the United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024, and

• (h) such other human rights contained in any international convention, treaty or other international instrument ratified by the United Kingdom as the chief constable considers relevant.

• (5) The chief constable must—

• (a) publish the code of ethics on a website maintained by or on behalf of the Police Service and in such other manner as the chief constable considers appropriate,

• (b) lay a copy of it before the Scottish Parliament, and

• (c) secure that—

• (i) all such steps are taken as the chief constable considers necessary to ensure that all constables and police staff have read and understood it, and

• (ii) a record is made and kept by the chief constable of the steps taken in relation to each constable and member of staff.

36B

• (1) When preparing the code of ethics under section 36A(1), the chief constable must—

• (a) consult and share a draft with—

• (i) the persons specified in schedule 2ZA, and

• (ii) such other persons as the chief constable considers appropriate, and

• (b) consider any representations made.

• (2) The chief constable—

• (a) may review the code of ethics from time to time,

• (b) must review it at least once during each 5 year period beginning with the day on which the code, a revised code or a statement under paragraph (c)(ii) is laid and must, in particular, do so if any of the things mentioned in paragraphs (a) or (b) of section 36A(4) have been significantly revised, and

• (c) following such a review, must—

• (i) revise the code of ethics, or

• (ii) lay a statement before the Scottish Parliament of the reasons why, having undertaken a review, the chief constable has concluded that there is no need to revise it.

• (3) Section 36A(2) to (5) and subsections (1) and (2) apply to a revised code of ethics as they apply to the code of ethics prepared under section 36A(1).

• (4) The chief constable must, when laying a copy of a revised code of ethics before the Scottish Parliament, also lay a statement before the Parliament which—

• (a) summarises any representations made during consultation under subsection (1),

• (b) where any representation has not resulted in a revision to the code of ethics, gives reasons for that.

• (5) The Scottish Ministers may by regulations modify schedule 2ZA by—

• (a) adding a person, or

• (b) removing, or modifying the description of, a person for the time being mentioned there.

CHAPTER 4B — Vetting code of practice

36C

• (1) The chief constable must prepare a code of practice for the vetting of constables and police staff (referred to in this section and section 36D as “the vetting code of practice”).

• (2) The chief constable must prepare the vetting code of practice as soon as is reasonably practicable after section 4 of the Police (Ethics, Conduct and Scrutiny) (Scotland) Act 2025 comes into force but—

• (a) the chief constable is not to carry out any consultation under section 36D(1) until the chief constable has, in accordance with section 54(2)(a)(i), received a draft of the first set of regulations to be made under section 48 in pursuance of section 50A (ongoing vetting of constables),

• (b) the vetting code of practice does not have effect until those regulations come into force.

• (3) In this section, “vetting” is an assessment as to a person’s suitability, having regard, insofar as they relate to the ethical standards and behaviour expected of constables or (as the case may be) police staff, to the person’s character and personal circumstances, to—

• (a) hold the office of constable or a particular rank or role,

• (b) be a member of police staff or to hold a particular role as a member of police staff.

• (4) The vetting code of practice must, in respect of the vetting of police staff, provide for—

• (a) a person to undergo vetting—

• (i) periodically, and

• (ii) if a reason to do so arises,

• (b) circumstances in which a person who has undergone vetting is to be—

• (i) required to comply with conditions (including as to the person's personal circumstances),

• (ii) redeployed,

• (iii) demoted,

• (iv) dismissed (with or without notice).

• (5) Provision in the vetting code of practice about the vetting of constables and police staff must include provision about the types of evidence required to demonstrate that the person who has undergone vetting is not suitable to—

• (a) hold the office of constable or a particular rank or role,

• (b) be a member of police staff or to hold a particular role as a member of police staff.

• (6) The vetting code of practice must include provision for written reasons to be provided if, as a result of the vetting of constables and police staff, a person who has undergone vetting is to be—

• (a) required to comply with conditions (including as to the person’s personal circumstances),

• (b) redeployed,

• (c) demoted,

• (d) dismissed (with or without notice).

• (7) Provision in the vetting code of practice about the vetting of constables and police staff may, in particular, include provision about—

• (a) the frequency of vetting of a person (but see also section 50A(2)(c)),

• (b) circumstances in which there will or may be a reason to carry out vetting,

• (c) different categories of vetting to be carried out in different circumstances,

• (d) steps that may be taken where certain information is disclosed by vetting.

• (8) But the code may not include any provision which is inconsistent with provision in regulations made under section 48 in pursuance of section 50A (ongoing vetting of constables).

• (9) The chief constable may prepare more than one vetting code of practice in order to make different provision for different categories of person, roles or other purposes, and a reference to the vetting code of practice in this section or in section 36D is to be construed accordingly.

• (10) The chief constable must involve the Authority in the preparation of the vetting code of practice and the Authority must provide the chief constable with such assistance as the chief constable may reasonably require in that regard.

• (11) The chief constable must—

• (a) publish the vetting code of practice on a website maintained by or on behalf of the Police Service and in such other manner as the chief constable considers appropriate, and

• (b) lay a copy of it before the Scottish Parliament.

36D

• (1) When preparing the vetting code of practice under section 36C(1), the chief constable must—

• (a) consult and share a draft with—

• (i) the Scottish Ministers,

• (ii) His Majesty’s Inspectorate of Constabulary in Scotland,

• (iii) the joint central committee of the Police Federation for Scotland,

• (iv) such persons as appear to the chief constable to be representative of senior officers,

• (v) such persons as appear to the chief constable to be representative of superintendents (including chief superintendents),

• (vi) such persons as appear to the chief constable to represent the collective interests of police staff,

• (vii) such persons as appear to the chief constable to represent groups of individual constables or members of police staff, or both, characterised by reference to one or more of the following characteristics—

• (A) disability,

• (B) race, colour, nationality, or ethnic or national origins,

• (C) religion,

• (D) sex,

• (E) sexual orientation,

• (F) transgender identity,

• (viii) such other persons as the chief constable considers appropriate, and

• (b) consider any representations made.

• (2) The chief constable—

• (a) may review the vetting code of practice from time to time,

• (b) must review it at least once during each 5 year period beginning with the day on which the code, a revised code or a statement under paragraph (c)(ii) is laid, and

• (c) following such a review, must—

• (i) revise the vetting code of practice, or

• (ii) lay a statement before the Scottish Parliament that, having undertaken a review, the chief constable has concluded that there is no need to revise it.

• (3) Section 36C(2) to (11) and subsections (1) and (2) apply to a revised vetting code of practice as they apply to the vetting code of practice prepared under section 36C(1).

50A

• (1) Regulations made under section 48 must provide for—

• (a) constables to undergo vetting—

• (i) periodically, and

• (ii) if a reason to do so arises,

• (b) circumstances in which a constable who has undergone vetting is to be—

• (i) demoted,

• (ii) dismissed (with or without notice).

• (2) Such regulations may make provision for—

• (a) circumstances other than those mentioned in subsection (1)(a) in which constables must undergo vetting,

• (b) the process to be followed in the carrying out of vetting,

• (c) a minimum frequency for vetting of individual constables,

• (d) vetting to be carried out by a person holding such office, rank or role as is specified in the regulations,

• (e) a duty for constables to disclose such changes in their personal circumstances as are specified in the regulations,

• (f) a duty for constables to co-operate with any vetting they undergo,

• (g) circumstances in which a constable who has undergone vetting is to be—

• (i) required to comply with conditions (including as to the constable’s personal circumstances),

• (ii) redeployed,

• (h) appeals against determinations mentioned in subsection (1)(b) and paragraph (g),

• (i) circumstances in which constables may, pending the completion of vetting or an appeal, be—

• (i) required to comply with conditions (including as to the person’s personal circumstances),

• (ii) suspended from duty,

• (iii) redeployed,

• (j) the steps to be taken if a matter which is or may be the subject of a person’s vetting is or may be the subject of—

• (i) criminal proceedings,

• (ii) proceedings for dealing with a constable whose standard of behaviour or performance is unsatisfactory brought under procedures set out in regulations made under section 48.

• (3) In this section, “vetting” is an assessment as to a constable’s suitability, having regard, insofar as they relate to the ethical standards and behaviour expected of constables, to the constable’s character and personal circumstances, to hold the office of constable or a particular rank or role.

CHAPTER 9A — Advisory list and barred list

59A

• (1) The Authority must establish and maintain—

• (a) the Scottish police advisory list (“the advisory list”), and

• (b) the Scottish police barred list (“the barred list”).

• (2) The Authority must enter a person on the advisory list if—

• (a) in the circumstances set out in subsection (3), the person ceases to be a constable, or

• (b) where the person was (but is no longer) a constable, disciplinary proceedings are brought against the person in respect of an allegation of gross misconduct.

• (3) The circumstances referred to in subsection (2) are that—

• (a) before the person ceased to be a constable, disciplinary proceedings were brought against the person in respect of an allegation of gross misconduct, and

• (b) those proceedings have not concluded when the person ceases to be a constable.

• (4) The Authority must enter a person on the barred list if—

• (a) the person is dismissed as a constable in disciplinary proceedings against the person,

• (b) the person was (but is no longer) a constable and a decision is made in such proceedings that the person would have been dismissed as a constable, had the person still been a constable, or

• (c) the person is dismissed as a constable after undergoing vetting, within the meaning of section 50A(3), in accordance with regulations made under section 48.

• (5) The following persons must consult the advisory list and the barred list before employing or otherwise appointing a person—

• (a) the Authority,

• (b) His Majesty’s Inspectorate of Constabulary in Scotland,

• (c) the Police Service of Scotland,

• (d) the Police Investigations and Review Commissioner.

• (6) The Scottish Ministers must by regulations make provision for notice to be given to a person who is to be entered in or removed from, the advisory list or the barred list.

• (7) The Scottish Ministers may by regulations make provision for or about—

• (a) information to be included in the advisory list or the barred list in respect of a person on that list,

• (b) circumstances in which a person—

• (i) who would otherwise require to be entered on the advisory list or the barred list is not to be so entered, or

• (ii) is to be removed from the advisory list or the barred list,

• (c) notice to be given to the Authority by a person specified in the regulations of a person who is to be entered in, or removed from, the advisory list or the barred list,

• (d) the consequences of a person being on the advisory list or the barred list, including in particular provision preventing the employment or other appointment of a person on the barred list by a person specified in the regulations,

• (e) persons who must consult the advisory list and the barred list before employing or otherwise appointing a person,

• (f) circumstances in which information about a person which is included in the advisory list or the barred list may be shared by the Authority,

• (g) circumstances in which information about a person which is included in the barred list may be published by the Authority,

• (h) the delegation by the Authority of its functions in relation to the advisory list or the barred list,

• (i) such other matters in connection with the lists as the Scottish Ministers consider appropriate.

• (8) Regulations under subsection (7) may modify this or any enactment.

• (9) Before making regulations under subsection (7), the Scottish Ministers must consult—

• (a) the chief constable,

• (b) the Authority,

• (c) the joint central committee of the Police Federation for Scotland, and

• (d) such other persons as they consider appropriate.

• (10) In this section—

• “disciplinary proceedings” means proceedings (including any investigation) in respect of alleged misconduct brought under the procedures for misconduct set out in regulations made under section 48, and a reference to such proceedings being brought is a reference to the person being notified that the person is the subject of such proceedings,

• “gross misconduct” has the meaning given by section 52(5).

Fire safety: enforcement

Fire-fighting

Provision of centres for education and training

Assistance

SCHEDULE 2ZA

1

The Scottish Ministers.

2

The Lord Advocate.

3

His Majesty’s Inspectorate of Constabulary in Scotland.

4

The Police Investigations and Review Commissioner.

5

The Scottish Commission for Human Rights.

6

The Commission for Equality and Human Rights.

7

The joint central committee of the Police Federation for Scotland.

8

Such persons as appear to the chief constable to be representative of senior officers.

9

Such persons as appear to the chief constable to be representative of superintendents (including chief superintendents).

10

Such persons as appear to the chief constable to represent the collective interests of police staff.

11

Such persons as appear to the chief constable to represent groups of individual constables or members of police staff, or both, characterised by reference to one or more of the following characteristics—

• (a) disability,

• (b) race, colour, nationality, or ethnic or national origins,

• (c) religion,

• (d) sex,

• (e) sexual orientation,

• (f) transgender identity.

12

Such persons appearing to the chief constable to represent the interests of individuals or groups of individuals who have made a complaint about the Authority, the Police Service or a person serving with the police, as the chief constable considers appropriate.