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

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”.