Contents
Ethics of the police
2Code of ethics#
(1)The 2012 Act is amended as follows.
(2)In Part 1, after Chapter 4, insert—“36A 1 The chief constable must prepare a code of ethics for the Police Service (to be known as “the Code of Ethics for Policing in Scotland”) as soon as is reasonably practicable after section 2 of the Police (Ethics, Conduct and Scrutiny) (Scotland) Act 2025 comes into force.2 The code of ethics is a code which sets out the values of the Police Service and expectations relating to the conduct and practice of its constables and of police staff.3 The chief constable must involve the Authority in the preparation of the code of ethics and the Authority must provide the chief constable with such assistance as the chief constable may reasonably require in that regard.4 In preparing the code of ethics, the chief constable must have regard to—a the policing principles set out in section 32,b the standards of behaviour referred to in section 52(2)(a)(i),c the European Code of Police Ethics adopted as Recommendation Rec(2001)10 of the Committee of Ministers to member states on the European Code of Police Ethics, by the Committee of Ministers on 19 September 2001 at the 765th meeting of the Ministers’ deputies,d the United Nations’ Code of Conduct for Law Enforcement Officials, adopted by General Assembly resolution 34/169 of 17 December 1979,e the United Nations’ Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, adopted by the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, Havana, Cuba, 27 August to 7 September 1990,f Convention rights within the meaning of section 1 of the Human Rights Act 1998,g the rights and obligations set out in the schedule of the United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024, andh such other human rights contained in any international convention, treaty or other international instrument ratified by the United Kingdom as the chief constable considers relevant.5 The chief constable must—a publish the code of ethics on a website maintained by or on behalf of the Police Service and in such other manner as the chief constable considers appropriate,b lay a copy of it before the Scottish Parliament, andc secure that—i all such steps are taken as the chief constable considers necessary to ensure that all constables and police staff have read and understood it, andii a record is made and kept by the chief constable of the steps taken in relation to each constable and member of staff.36B 1 When preparing the code of ethics under section 36A(1), the chief constable must—a consult and share a draft with—i the persons specified in schedule 2ZA, andii such other persons as the chief constable considers appropriate, andb consider any representations made.2 The chief constable—a may review the code of ethics 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 must, in particular, do so if any of the things mentioned in paragraphs (a) or (b) of section 36A(4) have been significantly revised, andc following such a review, must—i revise the code of ethics, orii lay a statement before the Scottish Parliament of the reasons why, having undertaken a review, the chief constable has concluded that there is no need to revise it.3 Section 36A(2) to (5) and subsections (1) and (2) apply to a revised code of ethics as they apply to the code of ethics prepared under section 36A(1).4 The chief constable must, when laying a copy of a revised code of ethics before the Scottish Parliament, also lay a statement before the Parliament which—a summarises any representations made during consultation under subsection (1),b where any representation has not resulted in a revision to the code of ethics, gives reasons for that.5 The Scottish Ministers may by regulations modify schedule 2ZA by—a adding a person, orb removing, or modifying the description of, a person for the time being mentioned there.”
(3)In section 10(1) (constable’s declaration), after “impartiality,” insert “that I will follow the Code of Ethics for Policing in Scotland”.
(4)In section 17 (chief constable’s responsibility for the policing of Scotland)—
(a)in subsection (2), after paragraph (d), insert—“da is to prepare the Code of Ethics for Policing in Scotland (see section 36A),”
(b)in subsection (4)(a), after “policing principles” insert “and the Code of Ethics for Policing in Scotland”.
(5)In section 125 (subordinate legislation), after subsection (2), insert—“2A Regulations under section 36B(5) are subject to the affirmative procedure.”
(6)After schedule 2, insert—“1 The Scottish Ministers.2 The Lord Advocate.3 His Majesty’s Inspectorate of Constabulary in Scotland.4 The Police Investigations and Review Commissioner.5 The Scottish Commission for Human Rights.6 The Commission for Equality and Human Rights.7 The joint central committee of the Police Federation for Scotland.8 Such persons as appear to the chief constable to be representative of senior officers.9 Such persons as appear to the chief constable to be representative of superintendents (including chief superintendents).10 Such persons as appear to the chief constable to represent the collective interests of police staff.11 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.12 Such persons appearing to the chief constable to represent the interests of individuals or groups of individuals who have made a complaint about the Authority, the Police Service or a person serving with the police, as the chief constable considers appropriate.”
3Duty of candour#
(1)The 2012 Act is amended in accordance with subsections (2) and (3).
(2)In section 10(1) (constable’s declaration), after “fairness,” insert “candour,”.
(3)In section 32 (policing principles)—
(a)the word “and” following paragraph (a) is repealed,
(b)after paragraph (b), insert “, andc that the Police Service should be candid and co-operative in proceedings, including all investigations.”
(4)In schedule 1 of the Police Service of Scotland (Senior Officers) (Conduct) Regulations 2013 (S.S.I. 2013/62) (standards of professional behaviour), after the paragraph headed “Honesty and integrity”, insert—“Constables act with candour and are open and truthful in their dealings, without favour to their own interests or the interests of the Police Service subject, in particular, to the reasonable assertion of the privilege against self-incrimination.Constables attend interviews and assist and participate in proceedings (including all investigations) openly, promptly and professionally, in line with the expectations of a police constable.”
(5)In schedule 1 of the Police Service of Scotland (Conduct) Regulations 2014 (S.S.I. 2014/68) (standards of professional behaviour), after the paragraph headed “Honesty and integrity”, insert—“Constables act with candour and are open and truthful in their dealings, without favour to their own interests or the interests of the Police Service subject, in particular, to the reasonable assertion of the privilege against self-incrimination.Constables attend interviews and assist and participate in proceedings (including all investigations) openly, promptly and professionally, in line with the expectations of a police constable.”
Final provisions
21Ancillary provision#
(1)The Scottish Ministers may by regulations make any incidental, supplementary, consequential, transitional, transitory or saving provision they consider appropriate for the purposes of, in connection with or for giving full effect to this Act.
(2)Regulations under this section may—
(a)make different provision for different purposes,
(b)modify any enactment.
(3)Regulations under this section—
(a)are subject to the affirmative procedure if they add to, replace, or omit any part of the text of an Act,
(b)otherwise, are subject to the negative procedure.
22Commencement#
(1)This section and sections 21 and 23 come into force on the day after Royal Assent.
(2)The other provisions of this Act come into force on such day as the Scottish Ministers may by regulations appoint.
(3)Regulations under this section may—
(a)include transitional, transitory or saving provision,
(b)make different provision for different purposes.
Functions of the Police Investigations and Review Commissioner
12Investigations into matters involving persons serving with the police#
In section 33A of the 2006 Act (general functions of the Police Investigations and Review Commissioner)—
(a)in paragraph (b)(i), for the words “serving with the police may have committed an offence” substitute “who is, or has been, a person serving with the police may have committed an offence (regardless of when those circumstances occurred)”,
(b)in paragraph (b)(ii), after “2016” insert “, whether or not the circumstances occurred in the course of the person’s duty, employment or appointment”.
13Complaints made by persons serving with the police#
(1)In section 34 of the 2006 Act—
(a)in subsection (3), after paragraph (a), insert—“aa any statement made by a person serving with the police about an act or omission mentioned in subsection (3A);”
(b)after subsection (3), insert—“3A An act or omission referred to in subsection (3)(aa) is one which—a took place in relation to, or adversely affected, the person in the person’s capacity as a person serving with the police, orb was witnessed by the person (whether or not in that capacity).”
(c)in subsection (6), in each place where they occur, for the words “member of the public” substitute “person”.
(2)The title of that section becomes “Meaning of “relevant complaint””.
16Review of arrangements for investigation of whistleblowing complaints#
(1)In section 40A of the 2006 Act—
(a)in subsection (1)(a)—
(i)the words from “the Commissioner” to “complaints;” become sub-paragraph (i),
(ii)after that sub-paragraph, insert—“ii the Authority and the chief constable for the investigation of information provided in a whistleblowing complaint;”
(b)after subsection (1), insert—“1A In subsection (1)(a)(ii), “whistleblowing complaint” means a protected disclosure within the meaning of section 43A of the Employment Rights Act 1996 made to the Authority or, as the case may be, the chief constable.”
(2)The title of that section becomes “Arrangements for handling relevant complaints and investigation of whistleblowing complaints”.
19Provision of information to the Commissioner#
In section 44 of the 2006 Act (provision of information to the Commissioner), after subsection (5), insert—“6 The Scottish Ministers may by regulations make provision authorising or requiring the Authority or the chief constable to provide information and documents to the Commissioner in accordance with subsection (1) or (2) by giving the Commissioner, in such circumstances and in accordance with such requirements as may be set out in the regulations, access to an electronic storage system on which they are stored.”
Governance of the Police Investigations and Review Commissioner
20Advisory board to the Commissioner#
After section 46A of the 2006 Act, insert—“46B 1 The Commissioner must establish and maintain an advisory board (“the Board”).2 The purpose of the Board is to advise the Commissioner about matters relating to the governance and administration of the office of Commissioner.3 The members of the Board are to be individuals appointed by the Scottish Ministers.4 A decision to appoint a member to the Board or to terminate a membership of the Board is to be made independently of the Commissioner.5 The Commissioner may pay to members of the Board such remuneration and allowances (including expenses) as the Commissioner, with the approval of the Scottish Ministers, determines.6 The procedure of the Board is to be such as the Commissioner determines.”
Police conduct
6Liability of the Scottish Police Authority for unlawful conduct of the chief constable#
In section 24 of the 2012 Act (liability for unlawful conduct)—
(a)after subsection (3), insert—“3A The Authority is liable in respect of any unlawful conduct on the part of the chief constable in the carrying out (or purported carrying out) of the chief constable’s functions in the same manner as an employer is liable in respect of any unlawful conduct on the part of an employee in the course of employment.”
(b)in subsection (4), for “(3)” substitute “(3A)”.
7Procedures for misconduct: functions of the Police Investigations and Review Commissioner#
In section 52 of the 2012 Act (disciplinary procedures: conduct and performance), in paragraph (d) of subsection (2) for “investigations of whether a constable has been engaged in misconduct” substitute “procedures for dealing with a constable whose standard of behaviour is unsatisfactory”.
8Procedures for misconduct: former constables#
In section 52 of the 2012 Act (disciplinary procedures: conduct and performance)—
(a)in subsection (2), after paragraph (e), insert—“f applying the procedures for dealing with a constable whose standard of behaviour is unsatisfactory (with or without modification) in relation to a person who has ceased to be a constable.”
(b)after subsection (2), insert—“2A Such regulations, if they provide for procedures for dealing with a constable whose standard of behaviour is unsatisfactory to be applied in relation to a person who has ceased to be a constable—a must provide for—i an allegation of unsatisfactory behaviour against such a person to be investigated in accordance with those procedures only where the allegation is of behaviour while the person was a constable which would amount to gross misconduct,ii notice to be given to a person, following a determination that the allegation against the person is of behaviour which would amount to gross misconduct, that the procedures may be applied in relation to a person who ceases to be a constable,iii a decision to be made as to how the person would have been dealt with, had the person still been a constable, andb must provide for a period of time, not exceeding one year, running from the date on which the person ceased to be a constable, after which time, unless such criteria as are specified in the regulations are met—i the procedures do not apply to the person, orii such steps in the procedures as are specified in the regulations may not be taken in relation to the person.2B In subsection (2A)(b), criteria specified must include that it would be in the public interest for the procedures to apply to the person.”
(c)after subsection (4), insert—“5 In subsection (2A)(a)(i), “gross misconduct” means a breach of the standards of behaviour referred to in subsection (2)(a)(i) so serious that demotion in rank or dismissal would be justified.”
9Scottish police advisory list and Scottish police barred list#
(1)The 2012 Act is amended as follows.
(2)In Part 1, after Chapter 9, insert—“59A 1 The Authority must establish and maintain—a the Scottish police advisory list (“the advisory list”), andb 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, orb 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, andb 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, orc 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, orii 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, andd 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.”
Police vetting
4Vetting code of practice#
(1)The 2012 Act is amended as follows.
(2)In Part 1, after Chapter 4A (inserted by section 2), insert—“36C 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, andii 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, andb lay a copy of it before the Scottish Parliament.36D 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, andb 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, andc following such a review, must—i revise the vetting code of practice, orii 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).”
5Procedures for vetting#
(1)The 2012 Act is amended as follows.
(2)After section 50, insert—“50A 1 Regulations made under section 48 must provide for—a constables to undergo vetting—i periodically, andii 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.”
References to Acts
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