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

5 Procedures for vetting

(1) The 2012 Act is amended as follows.

(2) After section 50, insert—

“50A Ongoing vetting

(1) Regulations made under section 48 must provide for—

(a) constables to undergo vetting—

(i) periodically, and

(ii) if a reason to do so arises,

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

(i) demoted,

(ii) dismissed (with or without notice).

(2) Such regulations may make provision for—

(a) circumstances other than those mentioned in subsection (1)(a) in which constables must undergo vetting,

(b) the process to be followed in the carrying out of vetting,

(c) a minimum frequency for vetting of individual constables,

(d) vetting to be carried out by a person holding such office, rank or role as is specified in the regulations,

(e) a duty for constables to disclose such changes in their personal circumstances as are specified in the regulations,

(f) a duty for constables to co-operate with any vetting they undergo,

(g) circumstances in which a constable who has undergone vetting is to be—

(i) required to comply with conditions (including as to the constable’s personal circumstances),

(ii) redeployed,

(h) appeals against determinations mentioned in subsection (1)(b) and paragraph (g),

(i) circumstances in which constables may, pending the completion of vetting or an appeal, be—

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

(ii) suspended from duty,

(iii) redeployed,

(j) the steps to be taken if a matter which is or may be the subject of a person’s vetting is or may be the subject of—

(i) criminal proceedings,

(ii) proceedings for dealing with a constable whose standard of behaviour or performance is unsatisfactory brought under procedures set out in regulations made under section 48.

(3) In this section, “vetting” is an assessment as to a constable’s suitability, having regard, insofar as they relate to the ethical standards and behaviour expected of constables, to the constable’s character and personal circumstances, to hold the office of constable or a particular rank or role.”.