Police and Fire Reform (Scotland) Act 2012
PART 1Police reform
CHAPTER 1The Scottish Police Authority
1The Scottish Police Authority
2Functions of the Authority
3Maintenance of the police
4General powers of the Authority
5Directions
CHAPTER 2The Police Service of Scotland
The Police Service of Scotland
6The Police Service of Scotland
Constables: appointment, ranks and terms of office
7Senior officers
8Regular constables
9Special constables
10Constable's declaration
11Ranks
12Constables: terms of office
13Rewards
14Senior officers: resignation or retirement for efficiency or effectiveness
15Temporary service outwith the Police Service of Scotland
16Temporary service as constable of the Police Service of Scotland
Chief constable
17Chief constable's responsibility for the policing of Scotland
18Delegation of chief constable's functions
Functions of constables
19Constables: functions and jurisdiction
20Constables: general duties
21Direction and control of the Police Service
22Failure to perform duty
23Failure to return equipment
24Liability for unlawful conduct
Police cadets
25Police cadets
Police staff
26Police staff
27Terms and conditions of police staff
28Police custody and security officers
29Certification of police custody and security officers
30False statements in relation to certification
CHAPTER 3Forensic services
31Forensic services
CHAPTER 4Principles, priorities, objectives and plans
32Policing principles
33Strategic police priorities
34Strategic police plan
35Annual police plans
36Planning functions: considerations
CHAPTER 5Best value
37Best value
38Best value: further provision
CHAPTER 6Annual reports, accounts, audit and examination
39The Scottish Police Authority's annual report
40Accounts
41Audit
42Examination of Police Service by Auditor General
43Examinations of Scottish Police Authority by Auditor General
CHAPTER 7Local policing
44Local policing
45Local authority role in policing
46Duty to participate in community planning
47Local police plans
CHAPTER 8Governance and administration of police
48Governance and administration of police
49Appointments, promotions etc.
50Conditions of service
51Regulations: duties
52Disciplinary procedures: conduct and performance
53Personal records
54Consultation on regulations
55Regulations: supplementary
CHAPTER 8APOLICE NEGOTIATING BOARD FOR SCOTLAND
55AEstablishment of the PNBS
55BRepresentations about pay etc.
55CRepresentations on other matters
55DSteps following arbitration
55EReporting by the PNBS
CHAPTER 9Police appeals tribunals
56Right to appeal to police appeals tribunal
57Representation
58Determinations by tribunal
59Powers to obtain information
CHAPTER 10Complaints and investigations
60Complaints handling
61The Police Investigations and Review Commissioner
62General functions of the Police Investigations and Review Commissioner
63Investigations under supervision of Lord Advocate or procurator fiscal
64Serious incidents involving the police
65Investigations of other matters in the public interest
66Investigations: procedure etc.
67Reports on investigations
68Investigations: obstruction and contempt
69Complaints against the Commissioner
70Protection from actions for defamation
CHAPTER 11Her Majesty's inspectors of constabulary in Scotland
71Her Majesty's inspectors of constabulary in Scotland
72Assistant inspectors of constabulary
73Staff officers
74Functions of inspectors
75HMICS plan
76HMICS powers
77Duty to assist and co-operate with HMICS
78HMICS reports: inquiries directed by Scottish Ministers
79HMICS reports: other inquiries
80Inquiry reports: consideration and action
81Power to give directions after adverse HMICS report
82HMICS annual report
CHAPTER 12Co-operation, exchange of information etc.
83Co-operation between Scottish Police Authority and Police Service
84Police information
85Scrutiny and investigations: co-operation and information sharing
CHAPTER 13Provision of goods and services
86Provision of police services
87Provision of other goods and services
CHAPTER 14Grants
88Police grants
89Grants to other persons
CHAPTER 15Offences
90Assaulting or impeding police
91Escape from custody
92Impersonation etc.
CHAPTER 16Independent custody visiting
93Purpose of custody visiting
94Independent custody visiting
95SPT visits
96Interpretation of Chapter 16
CHAPTER 17Miscellaneous and general
97Dissolution of the Police Advisory Board for Scotland
98Transitional and transitory provision
99Interpretation of Part 1
100Crown application
PART 2Fire reform
The Scottish Fire and Rescue Service
101The Scottish Fire and Rescue Service
Functions
102Promotion of fire safety
103Fire safety: enforcement
104Fire-fighting
105Road traffic accidents
106Conferral of functions in relation to other emergencies
107Power to respond to other eventualities
108Provision of other services
109Provision of centres for education and training
110Charging
Further amendments of 2005 Act
111Assistance
112Delegation
113Best value
114Strategic plan
115Local fire and rescue plans
116Annual report
117Provision of information
118Directions by Scottish Ministers
119Inspectors of SFRS
120Prohibition on employment of police
General
121Transfer of staff, property etc.
122SFRS: transitory provision
123Meaning of “the 2005 Act”
PART 3GENERAL
124Parliamentary scrutiny of operation of Act
125Subordinate legislation
126Ancillary provision
127Transitional provision etc.
128Minor and consequential amendments and repeals
129Commencement
130Short title
SCHEDULE 1The Scottish Police Authority
PART 1Status, structure and governance
Status
1(1) The Authority— (a) is not a servant or agent...
Membership
2(1) The Authority is to consist of––
Disqualification
3A person is disqualified from appointment, and from holding office,...
Tenure
4(1) A member is to be appointed for a period...
Removal from office
5(1) The Scottish Ministers may remove a member from office...
Staff of the Authority
6(1) The Authority may appoint individuals to assist the Authority...
Constables: temporary service with the Scottish Police Authority
7(1) The Authority may make arrangements for a constable, or...
Terms and conditions of the Authority's staff
8(1) A member of the Authority's staff may be employed...
Committees and sub-committees
9(1) The Authority may establish committees for any purpose.
Procedure
10(1) The Authority may regulate— (a) its own procedure (including...
Public access
11(1) The Authority must ensure that its proceedings and those...
Delegation of functions
12(1) The Authority may authorise— (a) any of its committees,...
Location of principal offices
13Any determination by the Authority as to the location of...
PART 2Consequential modifications
Ethical Standards in Public Life etc. (Scotland) Act 2000 (asp 7)
14In schedule 3 to the Ethical Standards in Public Life...
Freedom of Information (Scotland) Act 2002 (asp 13)
15In schedule 1 to the Freedom of Information (Scotland) Act...
Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4)
16In schedule 2 to the Public Appointments and Public Bodies...
Public Services Reform (Scotland) Act 2010 (asp 8)
17(1) The Public Services Reform (Scotland) Act 2010 is amended...
Public Records (Scotland) Act 2011 (asp 12)
18In the schedule to the Public Records (Scotland) Act 2011...
SCHEDULE 2Police custody and security officers: powers and duties
1A police custody and security officer has power—
2(1) It is the duty of a police custody and...
SCHEDULE 2APOLICE NEGOTIATING BOARD FOR SCOTLAND
Status of the PNBS
1(1) The PNBS— (a) is not a servant or agent...
Chairing and membership
2(1) The PNBS is to consist of—
Temporary chairperson
3(1) The PNBS may have a temporary chairperson if (for...
Disqualification from chairing
4A person is disqualified from appointment, and from holding office,...
Constitution and procedure etc.
5(1) It is for the Scottish Ministers to prepare the...
Process of arbitration
6(1) Sub-paragraph (2) applies where— (a) a dispute is submitted...
7(1) Sub-paragraph (2) applies for the purpose of arbitration in...
8(1) Sub-paragraph (2) applies for the purpose of the operation...
Remuneration and expenses
9(1) The Scottish Ministers may pay— (a) such remuneration to...
SCHEDULE 3Police appeals tribunals
Constitution and membership
1(1) A police appeals tribunal is to consist of 3...
Member remuneration, allowances and expenses
2The Authority is to pay to the members of a...
Expenses of proceedings
3(1) The appellant is liable for the expenses incurred by...
Police appeals tribunal rules
4The Scottish Ministers may make rules about the procedure on...
SCHEDULE 4Period before establishment of Police Service
1This schedule applies during the period before the day on...
2An appointment under section 7 has effect only where the...
3An individual appointed under section 7— (a) holds the office...
4Sections 18, 19, 21(1) and (2), 22 and 23 apply...
5Despite paragraph 2(1) of schedule 1, the Authority may consist...
6It is for the Authority to hold the chief constable...
7The Authority may— (a) pay remuneration and allowances to, and...
8The reference in section 4(1) to the Authority's functions includes...
SCHEDULE 5Transfer of constables, staff and property etc.
Interpretation
1In this schedule— “appointed day” has the meaning given by...
Appointed day
2(1) The “appointed day”, for the purposes of this schedule,...
Constables to continue to hold office and rank
3(1) Sub-paragraphs (2) to (6) apply to an individual who,...
Senior officers appointed under section 7
4An individual who, immediately before the appointed day, holds the...
Senior officers
5(1) Sub-paragraph (2) applies to an individual who—
Constables serving in police forces
6Any individual serving as a constable of a police force...
Constables serving in SPSA or SCDEA
7(1) An individual who, immediately before the appointed day, is...
Constables – temporary service arrangements
8(1) Sub-paragraph (2) applies where, by virtue of any arrangement...
Acts done before transfer
9(1) Anything done before the appointed day by or in...
Limitation on mobility of transferred constables
10(1) Sub-paragraph (2) applies to a constable of the Police...
Transfer of police staff
11(1) An individual is a “police employee” for the purposes...
Staff transfer scheme
12(1) The Scottish Ministers may make a staff transfer scheme....
Police staff appointed under contract for services
13(1) A contract for services entered into by a police...
Police cadets
14An individual who, immediately before the appointed day, is a...
Police custody and security officers
15An individual who is, immediately before the appointed day, certified...
Her Majesty's inspectorate of constabulary in Scotland
16(1) An individual who, immediately before the day on which...
Police property transfer scheme: transfers to Scottish Police Authority
17(1) The Scottish Ministers may make a police property transfer...
Property transfer scheme: transfers to local authorities
18(1) The Scottish Ministers may make a local authority property...
Property transfer schemes: general
19(1) This paragraph applies in relation to a scheme under...
Transfer of liabilities of chief constables etc.
20By virtue of this paragraph, any liabilities of a chief...
SCHEDULE 6Transfer of staff, property etc.
Interpretation
1In this schedule— “appointed day” means such day as the...
Joint board staff
2(1) A transferring employee's contract of employment has effect on...
Local authority staff and civil servants
3(1) The Scottish Ministers may make a staff transfer scheme....
Transfers under paragraph 3: effect on contract of employment
4(1) This paragraph applies where— (a) a person is to...
Property transfer scheme: transfers to SFRS
5(1) The Scottish Ministers may make an SFRS property transfer...
Property transfer scheme: transfers to local authorities
6(1) The Scottish Ministers may make a local authority property...
Property transfer schemes: general
7(1) This paragraph applies in relation to a scheme under...
Transfer schemes: additional provision
8A staff transfer scheme or a property transfer scheme under...
SCHEDULE 7Minor and consequential amendments
PART 1Amendments relating to Part 1
Police (Scotland) Act 1967 (c.77)
1
Health and Safety at Work etc. Act 1974 (c.37)
2In section 51A of the Health and Safety at Work...
Rehabilitation of Offenders Act 1974 (c.53)
3In section 9B of the Rehabilitation of Offenders Act 1974...
Slaughter of Animals (Scotland) Act 1980 (c.13)
4In section 22 of the Slaughter of Animals (Scotland) Act...
Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (c.55)
5In Schedule 1 to the Law Reform (Miscellaneous Provisions) (Scotland)...
Civic Government (Scotland) Act 1982 (c.45)
6(1) The Civic Government (Scotland) Act 1982 is amended as...
Roads (Scotland) Act 1984 (c.54)
7(1) The Roads (Scotland) Act 1984 is amended as follows....
Prisons (Scotland) Act 1989 (c.45)
8In section 14 of the Prisons (Scotland) Act 1989 (legalised...
Criminal Justice and Public Order Act 1994 (c.33)
9(1) The Criminal Justice and Public Order Act 1994 is...
Local Government etc. (Scotland) Act 1994 (c.39)
10In section 150(1) of the Local Government etc. (Scotland) Act...
Children (Scotland) Act 1995 (c.36)
11(1) The Children (Scotland) Act 1995 is amended as follows....
Criminal Procedure (Scotland) Act 1995 (c.46)
12(1) The Criminal Procedure (Scotland) Act 1995 is amended as...
Police Act 1996 (c.16)
13(1) The Police Act 1996 is amended as follows.
Police Act 1997 (c.50)
14(1) The Police Act 1997 is amended as follows.
Regulation of Investigatory Powers (Scotland) Act 2000 (asp 11)
15(1) The Regulation of Investigatory Powers (Scotland) Act 2000 is...
Transport (Scotland) Act 2001 (asp 2)
16(1) The Transport (Scotland) Act 2001 is amended as follows....
International Criminal Court (Scotland) Act 2001 (asp 13)
17In section 15(2) of the International Criminal Court (Scotland) Act...
Protection from Abuse (Scotland) Act 2001 (asp 14)
18In section 3 of the Protection from Abuse (Scotland) Act...
Scottish Public Services Ombudsman Act 2002 (asp 11)
19(1) The Scottish Public Services Ombudsman Act 2002 is amended...
Freedom of Information (Scotland) Act 2002 (asp 13)
20In schedule 1 to the Freedom of Information (Scotland) Act...
Criminal Justice (Scotland) Act 2003 (asp 7)
21(1) The Criminal Justice (Scotland) Act 2003 is amended as...
Dog Fouling (Scotland) Act 2003 (asp 12)
22In section 3 of the Dog Fouling (Scotland) Act 2003...
Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13)
23(1) The Mental Health (Care and Treatment) (Scotland) Act 2003...
Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8)
24(1) The Antisocial Behaviour etc. (Scotland) Act 2004 is amended...
Emergency Workers (Scotland) Act 2005 (asp 2)
25In the Emergency Workers (Scotland) Act 2005, for section7 (saving...
Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (asp 9)
26(1) The Protection of Children and Prevention of Sexual Offences...
Charities and Trustee Investment (Scotland) Act 2005 (asp 10)
27In section 86(2) of the Charities and Trustee Investment (Scotland)...
Management of Offenders etc. (Scotland) Act 2005 (asp 14)
28In section 10(7) of the Management of Offenders etc. (Scotland)...
Licensing (Scotland) Act 2005 (asp 16)
29(1) The Licensing (Scotland) Act 2005 is amended as follows....
Housing (Scotland) Act 2006 (asp 1)
30In section 166 of the Housing (Scotland) Act 2006 (interpretation...
Edinburgh Tram (Line Two) Act 2006 (asp 6)
31In section 62 of the Edinburgh Tram (Line Two) Act...
Edinburgh Tram (Line One) Act 2006 (asp 7)
32In section 62 of the Edinburgh Tram (Line One) Act...
Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10)
33(1) The Police, Public Order and Criminal Justice (Scotland) Act...
Animal Health and Welfare (Scotland) Act 2006 (asp 11)
34In section 49(6) of the Animal Health and Welfare (Scotland)...
Adult Support and Protection (Scotland) Act 2007 (asp 10)
35(1) The Adult Support and Protection (Scotland) Act 2007 is...
Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14)
36(1) The Protection of Vulnerable Groups (Scotland) Act 2007 is...
Edinburgh Airport Rail Link Act 2007 (asp 16)
37In section 38(5) of the Edinburgh Airport Rail Link Act...
Glasgow Commonwealth Games Act 2008 (asp 4)
38(1) The Glasgow Commonwealth Games Act 2008 is amended as...
Marine (Scotland) Act 2010 (asp 5)
39In paragraph 12(2)(b) of schedule 2 to the Marine (Scotland)...
Public Services Reform (Scotland) Act 2010 (asp 8)
40(1) The Public Services Reform (Scotland) Act 2010 is amended...
Control of Dogs (Scotland) Act 2010 (asp 9)
41In section 13 of the Control of Dogs (Scotland) Act...
Criminal Justice and Licensing (Scotland) Act 2010 (asp 13)
42(1) The Criminal Justice and Licensing (Scotland) Act 2010 is...
Alcohol etc. (Scotland) Act 2010 (asp 18)
43(1) The Alcohol etc. (Scotland) Act 2010 is amended as...
Children's Hearings (Scotland) Act 2011 (asp 1)
44In section 61(3) of the Children's Hearings (Scotland) Act 2011...
Public Records (Scotland) Act 2011 (asp 12)
45In the schedule to the Public Records (Scotland) Act 2011...
PART 2AMENDMENTS RELATING TO PART 2
Gas Act 1965 (c.36)
46In section 17(5) of the Gas Act 1965 (notification of...
Transport Act 1968 (c.73)
47In section 102(4) of the Transport Act 1968 (exemption for...
Pensions (Increase) Act 1971 (c.56)
48In paragraph 44 of Schedule 2 to the Pensions (Increase)...
Health and Safety at Work etc. Act 1974 (c.37)
49In section 23(4)(b) of the Health and Safety at Work...
Control of Pollution Act 1974 (c.40)
50In section 62(2)(a) of the Control of Pollution Act 1974...
Water (Scotland) Act 1980 (c.45)
51(1) The Water (Scotland) Act 1980 is amended as follows....
Zoo Licensing Act 1981 (c.37)
52In section 3(3) of the Zoo Licensing Act 1981 (appropriate...
Civic Government (Scotland) Act 1982 (c.45)
53(1) The Civic Government (Scotland) Act 1982 is amended as...
Road Traffic Regulation Act 1984 (c.27)
54In section 87(1)(a) of the Road Traffic Regulation Act 1984...
Cinemas Act 1985 (c.13)
55(1) The Cinemas Act 1985 is amended as follows.
Housing (Scotland) Act 1987 (c.26)
56In section 61(11) of the Housing (Scotland) Act 1987 (persons...
Strathclyde Regional Council Order Confirmation Act 1991 (c.xx)
57In section 3(8)(a) of the Schedule to the Strathclyde Regional...
Vehicle Excise and Registration Act 1994 (c.22)
58In Schedule 2 to the Vehicle Excise and Registration Act...
Merchant Shipping Act 1995 (c.21)
59In section 135(1) of the Merchant Shipping Act 1995 (restrictions...
Scottish Borders Council (Jim Clark Memorial Rally) Order Confirmation Act 1996 (c.xii)
60In section 6(9) of the Schedule to the Scottish Borders...
Ethical Standards in Public Life etc. (Scotland) Act 2000 (asp 7)
61In schedule 3 to the Ethical Standards in Public Life...
Scottish Public Services Ombudsman Act 2002 (asp 11)
62In schedule 2 to the Scottish Public Services Ombudsman Act...
Freedom of Information (Scotland) Act 2002 (asp 13)
63In schedule 1 to the Freedom of Information (Scotland) Act...
Local Government in Scotland Act 2003 (asp 1)
64In section 16(1) of the Local Government in Scotland Act...
Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4)
65In schedule 2 to the Public Appointments and Public Bodies...
Fire and Rescue Services Act 2004 (c.21)
66(1) The Fire and Rescue Services Act 2004 is amended...
Emergency Workers (Scotland) Act 2005 (asp 2)
67In section 1(3) of the Emergency Workers (Scotland) Act 2005...
Fire (Scotland) Act 2005 (asp 5)
68(1) The Fire (Scotland) Act 2005 is amended as follows....
Gambling Act 2005 (c.19)
69In section 157 of the Gambling Act 2005 (responsible authorities...
Housing (Scotland) Act 2006 (asp 1)
70In paragraph 4 of schedule 2 to the Housing (Scotland)...
Corporate Manslaughter and Corporate Homicide Act 2007 (c.19)
71In section 6(2) of the Corporate Manslaughter and Corporate Homicide...
Public Services Reform (Scotland) Act 2010 (asp 8)
72(1) The Public Services Reform (Scotland) Act 2010 is amended...
Public Records (Scotland) Act 2011 (asp 12)
73In the schedule to the Public Records (Scotland) Act 2011...
PART 3AMENDMENTS RELATING TO BOTH PARTS
Pipe-lines Act 1962 (c.58)
74In section 37 of the Pipe-lines Act 1962 (persons to...
Local Government etc. (Scotland) Act 1994 (c.39)
75In section 43(4) of the Local Government etc. (Scotland) Act...
SCHEDULE 8Repeals
PART 1Repeals relating to Part 1
PART 2Repeals relating to Part 2
PART 3Repeals relating to both Parts

Police and Fire Reform (Scotland) Act 2012

2012 asp 8

An Act of the Scottish Parliament to make provision about policing; to make provision about fire and rescue services; and for connected purposes.