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Police (Ethics, Conduct and Scrutiny) (Scotland) Act 2025
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This version of this provision is prospective.
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Changes to legislation:
Police (Ethics, Conduct and Scrutiny) (Scotland) Act 2025, Section 5 is up to date with all changes known to be in force on or before 20 June 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to Section 5:
- s. 5 coming into force by S.S.I. 2025/175 reg. 2(e)
Prospective
5Procedures for vettingS
This section has no associated Explanatory Notes
(1)The 2012 Act is amended as follows.
(2)After section 50, insert—
“50AOngoing 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.”.
Commencement Information
I1S. 5 not in force at Royal Assent, see s. 22(2)
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