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

Prospective

4 Vetting code of practice S

(1) The 2012 Act is amended as follows.

(2) In Part 1, after Chapter 4A (inserted by section 2), insert—

“Chapter 4B S Vetting code of practice

36C Vetting code of practice

(1) The chief constable must prepare a code of practice for the vetting of constables and police staff (referred to in this section and section 36D as “the vetting code of practice”).

(2) The chief constable must prepare the vetting code of practice as soon as is reasonably practicable after section 4 of the Police (Ethics, Conduct and Scrutiny) (Scotland) Act 2025 comes into force but—

(a) the chief constable is not to carry out any consultation under section 36D(1) until the chief constable has, in accordance with section 54(2)(a)(i), received a draft of the first set of regulations to be made under section 48 in pursuance of section 50A (ongoing vetting of constables),

(b) the vetting code of practice does not have effect until those regulations come into force.

(3) In this section, “vetting” is an assessment as to a person’s suitability, having regard, insofar as they relate to the ethical standards and behaviour expected of constables or (as the case may be) police staff, to the person’s character and personal circumstances, to—

(a) hold the office of constable or a particular rank or role,

(b) be a member of police staff or to hold a particular role as a member of police staff.

(4) The vetting code of practice must, in respect of the vetting of police staff, provide for—

(a) a person to undergo vetting—

(i) periodically, and

(ii) if a reason to do so arises,

(b) circumstances in which a person who has undergone vetting is to be—

(i) required to comply with conditions (including as to the person's personal circumstances),

(ii) redeployed,

(iii) demoted,

(iv) dismissed (with or without notice).

(5) Provision in the vetting code of practice about the vetting of constables and police staff must include provision about the types of evidence required to demonstrate that the person who has undergone vetting is not suitable to—

(a) hold the office of constable or a particular rank or role,

(b) be a member of police staff or to hold a particular role as a member of police staff.

(6) The vetting code of practice must include provision for written reasons to be provided if, as a result of the vetting of constables and police staff, a person who has undergone vetting is to be—

(a) required to comply with conditions (including as to the person’s personal circumstances),

(b) redeployed,

(c) demoted,

(d) dismissed (with or without notice).

(7) Provision in the vetting code of practice about the vetting of constables and police staff may, in particular, include provision about—

(a) the frequency of vetting of a person (but see also section 50A(2)(c)),

(b) circumstances in which there will or may be a reason to carry out vetting,

(c) different categories of vetting to be carried out in different circumstances,

(d) steps that may be taken where certain information is disclosed by vetting.

(8) But the code may not include any provision which is inconsistent with provision in regulations made under section 48 in pursuance of section 50A (ongoing vetting of constables).

(9) The chief constable may prepare more than one vetting code of practice in order to make different provision for different categories of person, roles or other purposes, and a reference to the vetting code of practice in this section or in section 36D is to be construed accordingly.

(10) The chief constable must involve the Authority in the preparation of the vetting code of practice and the Authority must provide the chief constable with such assistance as the chief constable may reasonably require in that regard.

(11) The chief constable must—

(a) publish the vetting code of practice on a website maintained by or on behalf of the Police Service and in such other manner as the chief constable considers appropriate, and

(b) lay a copy of it before the Scottish Parliament.

36D Preparation and revision of the code of vetting practice

(1) When preparing the vetting code of practice under section 36C(1), the chief constable must—

(a) consult and share a draft with—

(i) the Scottish Ministers,

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

(iii) the joint central committee of the Police Federation for Scotland,

(iv) such persons as appear to the chief constable to be representative of senior officers,

(v) such persons as appear to the chief constable to be representative of superintendents (including chief superintendents),

(vi) such persons as appear to the chief constable to represent the collective interests of police staff,

(vii) such persons as appear to the chief constable to represent groups of individual constables or members of police staff, or both, characterised by reference to one or more of the following characteristics—

(A) disability,

(B) race, colour, nationality, or ethnic or national origins,

(C) religion,

(D) sex,

(E) sexual orientation,

(F) transgender identity,

(viii) such other persons as the chief constable considers appropriate, and

(b) consider any representations made.

(2) The chief constable—

(a) may review the vetting code of practice from time to time,

(b) must review it at least once during each 5 year period beginning with the day on which the code, a revised code or a statement under paragraph (c)(ii) is laid, and

(c) following such a review, must—

(i) revise the vetting code of practice, or

(ii) lay a statement before the Scottish Parliament that, having undertaken a review, the chief constable has concluded that there is no need to revise it.

(3) Section 36C(2) to (11) and subsections (1) and (2) apply to a revised vetting code of practice as they apply to the vetting code of practice prepared under section 36C(1).”.

Commencement Information

I1 S. 4 not in force at Royal Assent, see s. 22(2)