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

9 Scottish police advisory list and Scottish police barred list

(1) The 2012 Act is amended as follows.

(2) In Part 1, after Chapter 9, insert—

“Chapter 9A Advisory list and barred list

59A Scottish police advisory list and Scottish police barred list

(1) The Authority must establish and maintain—

(a) the Scottish police advisory list (“the advisory list”), and

(b) the Scottish police barred list (“the barred list”).

(2) The Authority must enter a person on the advisory list if—

(a) in the circumstances set out in subsection (3), the person ceases to be a constable, or

(b) where the person was (but is no longer) a constable, disciplinary proceedings are brought against the person in respect of an allegation of gross misconduct.

(3) The circumstances referred to in subsection (2) are that—

(a) before the person ceased to be a constable, disciplinary proceedings were brought against the person in respect of an allegation of gross misconduct, and

(b) those proceedings have not concluded when the person ceases to be a constable.

(4) The Authority must enter a person on the barred list if—

(a) the person is dismissed as a constable in disciplinary proceedings against the person,

(b) the person was (but is no longer) a constable and a decision is made in such proceedings that the person would have been dismissed as a constable, had the person still been a constable, or

(c) the person is dismissed as a constable after undergoing vetting, within the meaning of section 50A(3), in accordance with regulations made under section 48.

(5) The following persons must consult the advisory list and the barred list before employing or otherwise appointing a person—

(a) the Authority,

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

(c) the Police Service of Scotland,

(d) the Police Investigations and Review Commissioner.

(6) The Scottish Ministers must by regulations make provision for notice to be given to a person who is to be entered in or removed from, the advisory list or the barred list.

(7) The Scottish Ministers may by regulations make provision for or about—

(a) information to be included in the advisory list or the barred list in respect of a person on that list,

(b) circumstances in which a person—

(i) who would otherwise require to be entered on the advisory list or the barred list is not to be so entered, or

(ii) is to be removed from the advisory list or the barred list,

(c) notice to be given to the Authority by a person specified in the regulations of a person who is to be entered in, or removed from, the advisory list or the barred list,

(d) the consequences of a person being on the advisory list or the barred list, including in particular provision preventing the employment or other appointment of a person on the barred list by a person specified in the regulations,

(e) persons who must consult the advisory list and the barred list before employing or otherwise appointing a person,

(f) circumstances in which information about a person which is included in the advisory list or the barred list may be shared by the Authority,

(g) circumstances in which information about a person which is included in the barred list may be published by the Authority,

(h) the delegation by the Authority of its functions in relation to the advisory list or the barred list,

(i) such other matters in connection with the lists as the Scottish Ministers consider appropriate.

(8) Regulations under subsection (7) may modify this or any enactment.

(9) Before making regulations under subsection (7), the Scottish Ministers must consult—

(a) the chief constable,

(b) the Authority,

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

(d) such other persons as they consider appropriate.

(10) In this section—

• “disciplinary proceedings” means proceedings (including any investigation) in respect of alleged misconduct brought under the procedures for misconduct set out in regulations made under section 48, and a reference to such proceedings being brought is a reference to the person being notified that the person is the subject of such proceedings,

• “gross misconduct” has the meaning given by section 52(5).”.

(3) In section 125 (subordinate legislation), after subsection (2A) (inserted by section 2(5)), insert—

“(2B) Regulations under section 59A(6) and (7) are subject to the affirmative procedure.”.