- Latest available (Revised)
- Original (As enacted)
Police and Fire Reform (Scotland) Act 2012
You are here:
What Version
Advanced Features
- Show Geographical Extent(e.g. England, Wales, Scotland and Northern Ireland)
- Show Timeline of Changes
Opening Options
More Resources
Changes over time for: CHAPTER 9
Alternative versions:
Changes to legislation:
Police and Fire Reform (Scotland) Act 2012, CHAPTER 9 is up to date with all changes known to be in force on or before 22 January 2026. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Part 1 Chapter 9:
- Ch. 12A inserted by 2017 asp 4 s. 1(1)
- s. 17(2)(h) inserted by 2017 asp 4 s. 2(a)(ii)
- s. 17(4)(b)(iv) inserted by 2017 asp 4 s. 2(b)(ii)
- s. 20A inserted by 2017 asp 4 s. 3
- s. 56(1A) inserted by 2025 asp 5 s. 10(3)(a)
- s. 56(2A) inserted by 2025 asp 5 s. 10(3)(b)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- Ch. 12A inserted by 2017 asp 4 s. 1(1)
- s. 17(2)(h) inserted by 2017 asp 4 s. 2(a)(ii)
- s. 17(4)(b)(iv) inserted by 2017 asp 4 s. 2(b)(ii)
- s. 20A inserted by 2017 asp 4 s. 3
- s. 56(1A) inserted by 2025 asp 5 s. 10(3)(a)
- s. 56(2A) inserted by 2025 asp 5 s. 10(3)(b)
CHAPTER 9S[F1APPEALS TO THE FIRST-TIER TRIBUNAL]
Textual Amendments
F1Ch. 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)
56[F2Right to appeal to the First-tier Tribunal]S
(1)A constable may appeal to [F3the First-tier Tribunal] against any decision to dismiss the constable, or to demote the constable in rank, taken in pursuance of regulations made under section 48.
(2)An appeal is competent only if the constable has exhausted any available process of review or appeal provided for in such regulations.
F4(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F2S. 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)
F3Words 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)
F4S. 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)
Commencement Information
I1S. 56(1)(2) in force at 1.4.2013 by S.S.I. 2013/51, art. 2
F557RepresentationS
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
58Determinations by tribunalS
(1)[F6The First-tier Tribunal] may determine an appeal by—
(a)confirming the decision being appealed, or
(b)replacing that decision with any less severe decision which could have been made by the person who made it.
(2)Where the determination [F7of the First-tier Tribunal] replaces the decision appealed against, it takes effect from the date of the decision which resulted in the dismissal or demotion in rank of the appellant.
(3)Subsection (4) applies where a determination made by [F8the First-tier Tribunal] reinstates the appellant—
(a)as a constable,
(b)in—
(i)the rank previously held by the appellant, or
(ii)a different rank.
(4)The appellant is to be deemed, for the purposes of reckoning service for pension and to such extent (if any) as may be determined by the [F9First-tier Tribunal] for the purposes of pay, to have served as a constable, or in the reinstated or different rank, continuously from the date of the decision which resulted in the dismissal or demotion in rank of the appellant to the date of the [F10First-tier Tribunal’s] determination.
(5)In determining an appeal, the [F11First-tier Tribunal] may deal with such other matters relating to the appellant's reinstatement or period of service as the [F11First-tier Tribunal] thinks fit including, in particular, any periods where the appellant was suspended in consequence of the proceedings which led to the appellant's dismissal.
Textual Amendments
F6Words 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)
F7Words 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)
F8Words 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)
F9Words 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)
F10Words 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)
F11Words 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)
Commencement Information
I2S. 58 in force at 1.4.2013 by S.S.I. 2013/51, art. 2
F1259Powers to obtain informationS
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F12S. 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)
Commencement Information
I3S. 59 in force at 1.4.2013 by S.S.I. 2013/51, art. 2
Options/Help
Print Options
PrintThe Whole Act
PrintThe Whole Part
PrintThis Chapter only
You have chosen to open The Whole Act
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
You have chosen to open The Whole Act as a PDF
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
You have chosen to open the Whole Act
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Legislation is available in different versions:
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
See additional information alongside the content
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Opening Options
Different options to open legislation in order to view more content on screen at once
Explanatory Notes
Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.
More Resources
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- correction slips
- links to related legislation and further information resources
Timeline of Changes
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
More Resources
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- correction slips
Click 'View More' or select 'More Resources' tab for additional information including:
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- links to related legislation and further information resources
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.