Police (Ethics, Conduct and Scrutiny) (Scotland) Act 2025

References to Acts

Meaning of “2006 Act” and “2012 Act”

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In this Act—

• (a) the “2006 Act” means the Police, Public Order and Criminal Justice (Scotland) Act 2006,

• (b) the “2012 Act” means the Police and Fire Reform (Scotland) Act 2012.

Ethics of the police

Code of ethics

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• (1) The 2012 Act is amended as follows.

• (2) In Part 1, after Chapter 4, insert—

(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.

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• (3) In section 10(1) (constable’s declaration), after “impartiality,” insert “that I will follow the Code of Ethics for Policing in Scotland”.

• (4) In section 17 (chief constable’s responsibility for the policing of Scotland)—

• (a) in subsection (2), after paragraph (d), insert—

(da) is to prepare the Code of Ethics for Policing in Scotland (see section 36A),

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• (b) in subsection (4)(a), after “policing principles” insert “and the Code of Ethics for Policing in Scotland”.

• (5) In section 125 (subordinate legislation), after subsection (2), insert—

(2A) Regulations under section 36B(5) are subject to the affirmative procedure.

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• (6) After schedule 2, insert—

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.

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Duty of candour

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• (1) The 2012 Act is amended in accordance with subsections (2) and (3).

• (2) In section 10(1) (constable’s declaration), after “fairness,” insert “candour,”.

• (3) In section 32 (policing principles)—

• (a) the word “and” following paragraph (a) is repealed,

• (b) after paragraph (b), insert

, and (c) that the Police Service should be candid and co-operative in proceedings, including all investigations.

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• (4) In schedule 1 of the Police Service of Scotland (Senior Officers) (Conduct) Regulations 2013 (S.S.I. 2013/62) (standards of professional behaviour), after the paragraph headed “Honesty and integrity”, insert—

Constables act with candour and are open and truthful in their dealings, without favour to their own interests or the interests of the Police Service subject, in particular, to the reasonable assertion of the privilege against self-incrimination. Constables attend interviews and assist and participate in proceedings (including all investigations) openly, promptly and professionally, in line with the expectations of a police constable.

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• (5) In schedule 1 of the Police Service of Scotland (Conduct) Regulations 2014 (S.S.I. 2014/68) (standards of professional behaviour), after the paragraph headed “Honesty and integrity”, insert—

Constables act with candour and are open and truthful in their dealings, without favour to their own interests or the interests of the Police Service subject, in particular, to the reasonable assertion of the privilege against self-incrimination. Constables attend interviews and assist and participate in proceedings (including all investigations) openly, promptly and professionally, in line with the expectations of a police constable.

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Police vetting

Vetting code of practice

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• (1) The 2012 Act is amended as follows.

• (2) In Part 1, after Chapter 4A (inserted by section 2), insert—

(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).

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Procedures for vetting

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• (1) The 2012 Act is amended as follows.

• (2) After section 50, insert—

(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.

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Police conduct

Liability of the Scottish Police Authority for unlawful conduct of the chief constable

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In section 24 of the 2012 Act (liability for unlawful conduct)—

• (a) after subsection (3), insert—

(3A) The Authority is liable in respect of any unlawful conduct on the part of the chief constable in the carrying out (or purported carrying out) of the chief constable’s functions 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.

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• (b) in subsection (4), for “(3)” substitute “(3A)”.

Procedures for misconduct: functions of the Police Investigations and Review Commissioner

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In section 52 of the 2012 Act (disciplinary procedures: conduct and performance), in paragraph (d) of subsection (2) for “investigations of whether a constable has been engaged in misconduct” substitute “procedures for dealing with a constable whose standard of behaviour is unsatisfactory”.

Procedures for misconduct: former constables

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In section 52 of the 2012 Act (disciplinary procedures: conduct and performance)—

• (a) in subsection (2), after paragraph (e), insert—

(f) applying the procedures for dealing with a constable whose standard of behaviour is unsatisfactory (with or without modification) in relation to a person who has ceased to be a constable.

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• (b) after subsection (2), insert—