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

Police conduct

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

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.”,

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

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

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”.

8 Procedures for misconduct: former constables

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.”,

(b) after subsection (2), insert—

“(2A) Such regulations, if they provide for procedures for dealing with a constable whose standard of behaviour is unsatisfactory to be applied in relation to a person who has ceased to be a constable—

(a) must provide for—

(i) an allegation of unsatisfactory behaviour against such a person to be investigated in accordance with those procedures only where the allegation is of behaviour while the person was a constable which would amount to gross misconduct,

(ii) notice to be given to a person, following a determination that the allegation against the person is of behaviour which would amount to gross misconduct, that the procedures may be applied in relation to a person who ceases to be a constable,

(iii) a decision to be made as to how the person would have been dealt with, had the person still been a constable, and

(b) must provide for a period of time, not exceeding one year, running from the date on which the person ceased to be a constable, after which time, unless such criteria as are specified in the regulations are met—

(i) the procedures do not apply to the person, or

(ii) such steps in the procedures as are specified in the regulations may not be taken in relation to the person.

(2B) In subsection (2A)(b), criteria specified must include that it would be in the public interest for the procedures to apply to the person.”,

(c) after subsection (4), insert—

“(5) In subsection (2A)(a)(i), “gross misconduct” means a breach of the standards of behaviour referred to in subsection (2)(a)(i) so serious that demotion in rank or dismissal would be justified.”.

9 Scottish police advisory list and Scottish police barred list

(1) The 2012 Act is amended as follows.

(2) In Part 1, after Chapter 9, insert—

“Chapter 9A Advisory list and barred list

59A Scottish police advisory list and Scottish police barred list

(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).”.

(3) In section 125 (subordinate legislation), after subsection (2A) (inserted by section 2(5)), insert—

“(2B) Regulations under section 59A(6) and (7) are subject to the affirmative procedure.”.

10 Procedures for misconduct: senior officers

(1) The 2012 Act is amended as follows.

(2) For subsection (3) of section 52 (disciplinary procedures: conduct and performance), substitute—

“(3) Such regulations must provide for—

(a) the Authority to determine any case which relates to the standard of performance of a senior officer,

(b) a panel independent of the Authority to determine any case which relates to the standard of behaviour of a senior officer or a person who has ceased to be a senior officer.”.

(3) In section 56 (right to appeal to police appeals tribunal)—

(a) after subsection (1), insert—

“(1A) A senior officer may appeal to a police appeals tribunal against any decision to take any other action against the senior officer, in pursuance of regulations made under section 48 which provide for procedures for dealing with a constable whose standard of behaviour is unsatisfactory.”,

(b) after subsection (2), insert—

“(2A) In this section, a reference to a constable or senior officer includes a person who was a constable or a senior officer, as the case may be.”.

(4) In subsection (2) of section 58 (determinations by tribunal), for “dismissal or demotion in rank of” substitute “action against”.

11 Review of policies, practices and guidance relating to misconduct

(1) The chief constable must—

(a) carry out a review of the Police Service’s policies, practices and guidance relating to misconduct by constables, and

(b) make such changes to the policies, practices and guidance as the chief constable considers appropriate in light of the Code of Ethics for Policing in Scotland.

(2) The chief constable must make any changes required by subsection (1) as soon as is reasonably practicable after the end of the review period.

(3) In this section, “the review period” means the period of one year beginning with the day on which this section comes into force.