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

Prospective

18 Review of, and recommendations about, practices and policies of the police S

(1) The 2006 Act is amended as follows.

(2) After section 41H (inserted by section 17(2)), insert—

“Review of, and recommendations about, practices and policies of the police S

41I Review of police practices or policies

(1) Where the Commissioner considers that it would be in the public interest to do so, the Commissioner may review a practice or policy of the Authority or the chief constable.

(2) Before deciding to carry out a review under subsection (1), the Commissioner must consult His Majesty’s Inspectorate of Constabulary in Scotland.

(3) The arrangements mentioned in section 40A(1) (arrangements for handling relevant complaints and investigation of whistleblowing complaints) are not a practice or policy for the purposes of subsection (1).

(4) Before carrying out a review under subsection (1), the Commissioner must—

(a) inform the person whose practice or policy is to be reviewed,

(b) state the practice or policy under review, and

(c) provide reasons as to why the review is proposed.

(5) The person whose practice or policy is to be reviewed must assist the Commissioner when carrying out a review under subsection (1) (by providing evidence, attending hearings or otherwise).

(6) The Commissioner must prepare a report of each review carried out under subsection (1).

(7) A report prepared under subsection (6) may include such recommendations as appear to the Commissioner to be necessary or desirable in relation to—

(a) the practice or policy to which the review relates, or

(b) any other practice of the Authority or the chief constable.

(8) The Commissioner must—

(a) give a copy of each report prepared under subsection (6) to—

(i) the Authority,

(ii) the chief constable,

(iii) His Majesty’s Inspectorate of Constabulary in Scotland,

(iv) the Scottish Ministers, and

(v) any other person whom the Commissioner considers appropriate, and

(b) publish it in such manner as the Commissioner considers appropriate.

(9) But the Commissioner—

(a) must withhold from publication any information in the report which would identify an individual (other than the chief constable),

(b) may withhold the whole or part of the report from publication if the Commissioner considers that it is in the public interest to do so.

41J Recommendations about complaints handling and other matters

(1) The Commissioner may make such recommendations, and give such advice, in relation to—

(a) the arrangements mentioned in section 40A(1) (arrangements for handling relevant complaints and whistleblowing complaints),

(b) the practice of the Authority or the chief constable in relation to other matters,

as appear from the carrying out of the Commissioner’s functions (other than those under section 41I (review of police practices or policies)) to be necessary or desirable.

(2) A recommendation made, or advice given, under subsection (1) may be—

(a) set out in a report prepared by the Commissioner, or

(b) made or given in such other manner as the Commissioner considers appropriate.

(3) The Commissioner must—

(a) give a copy of each report prepared under subsection (2)(a) to—

(i) the Authority,

(ii) the chief constable,

(iii) His Majesty’s Inspectorate of Constabulary in Scotland,

(iv) the Scottish Ministers, and

(v) any other person whom the Commissioner considers appropriate, and

(b) publish it in such manner as the Commissioner considers appropriate.

(4) But the Commissioner—

(a) must withhold from publication any information in the report which would identify an individual (other than the chief constable),

(b) may withhold the whole or part of the report from publication if the Commissioner considers that it is in the public interest to do so.

41K Responses to recommendations

(1) This section applies where the Commissioner makes a recommendation to the Authority or the chief constable (“the recipient”) in a report prepared under—

(a) section 41I(6) (review of police practices and policies), or

(b) section 41J(2)(a) (recommendations about complaints handling and other matters).

(2) The recipient must give the Commissioner—

(a) a written response to the recommendation (the “initial response”), and

(b) unless subsection (5) applies, a report on things done during the implementation period by the recipient in response to the recommendation (“the implementation report”).

(3) The initial response must set out—

(a) details of what the recipient has done or proposes to do in response to the recommendation, or

(b) if the recipient has not done, and does not intend to do, anything in response to the recommendation, the reasons for that.

(4) The implementation report must set out details of—

(a) what the recipient has done in response to the recommendation since receiving the recommendation, and

(b) anything else that the recipient proposes to do in response to the recommendation.

(5) This subsection applies where the initial response states that the recipient—

(a) has already done all of the things that the recipient proposes to do in response to the recommendation, or

(b) does not intend to do anything in response to the recommendation.

(6) The recipient must give the Commissioner—

(a) the initial response within—

(i) the period of 8 weeks beginning with the day on which the recipient receives the recommendation, or

(ii) such other period as is specified by the Commissioner in the report mentioned in subsection (1),

(b) any implementation report as soon as reasonably practicable after the end of the implementation period.

(7) The recipient must, as soon as reasonably practicable after it is given to the Commissioner, give a copy of the initial response or implementation report to—

(a) the Authority (where the recipient is the chief constable),

(b) the chief constable (where the recipient is the Authority),

(c) His Majesty’s Inspectorate of Constabulary in Scotland, and

(d) the Scottish Ministers.

(8) The Commissioner must, as soon as reasonably practicable after receiving the initial response or implementation report, give a copy of it to any person (other than a person mentioned in subsection (7)) to whom the report mentioned in subsection (1) was given.

(9) In this section, the “implementation period” means—

(a) the period of 12 months beginning with the day on which the recipient receives the recommendation, or

(b) such other period as is specified by the Commissioner in the report mentioned in subsection (1).

41L Publication of responses to recommendations

(1) Subsections (2) and (3) apply where the Authority or the chief constable gives the Commissioner—

(a) an initial response under section 41K(2)(a), or

(b) an implementation report under section 41K(2)(b).

(2) The Commissioner must, as soon as reasonably practicable after receiving the response or report, publish it in such manner as the Commissioner considers appropriate.

(3) But the Commissioner—

(a) must withhold from publication any information in the response or report which would identify an individual (other than the chief constable),

(b) may withhold the whole or part of the response or report from publication if the Commissioner considers that it is in the public interest to do so.

(4) If the initial response is not given to the Commissioner by the end of the period mentioned in section 41K(6)(a), the Commissioner must publish notice of that fact.”.

(3) In section 33A (general functions of the Commissioner), after paragraph (e) (inserted by section 17(3)), insert “and

(f) to carry out reviews and make recommendations in accordance with sections 41I and 41J.”.

(4) In section 40A (arrangements for handling relevant complaints), subsection (2) is repealed.

(5) In section 43 (reports to the Scottish Ministers), subsections (4) and (6)(b) are repealed.

(6) In section 46A (protection from actions for defamation), in subsection (1)—

(a) in paragraph (a)—

(i) in sub-paragraph (i), after “33A” insert “or a review under section 41I(1)”,

(ii) in sub-paragraph (iv), after “section” insert “41J(2)(a) or”,

(b) after paragraph (b) (and before the word “and” immediately following that paragraph) insert—

“(ba) any statement made to the Commissioner or any of the Commissioner’s staff in relation to a review carried out under section 41I(1) or in a document prepared under section 41K(2) has absolute privilege;”.

Commencement Information

I1 S. 18 not in force at Royal Assent, see s. 22(2)