We have a new website go to gov.scot

Police Reform Legislation

The Police and Fire Reform (Scotland) Act 2012

The Police and Fire Reform (Scotland) Act 2012 provides the statutory basis for policing in Scotland.  It established the Scottish Police Authority and Police Service of Scotland, replacing the arrangements previously set out in the Police (Scotland) Act 1967.

Secondary Legislation

A range of secondary legislation has been made under the Act. More detail on each instrument can be found below.

Scottish Police Authority (Provision of Goods and Services) Order 2013 prescribes the types of goods and services the Scottish Police Authority may provide to persons other than public bodies, and to whom.

Commencement, Consequential and Transitional Orders

These instruments commence provisions of the Act in a phased approach and provide for consequential, transitional, transitory and supplemental provisions as a consequence of the Act.

Police and Fire Reform (Scotland) Act 2012 (Commencement No.1, Transition, Transitory and Saving Provisions) Order 2012 brings a range of provisions into force from 1 October 2012.

Police and Fire Reform (Scotland) Act 2012 (Commencement No.2, Transitory and Transitional Provisions and Appointed Day) Order 2012 brings a range of provisions into force from 1 January 2013. Also provides for 1 April 2013 as the Appointed Day for the transfer of staff, property etc. to the Scottish Fire and Rescue Service.

Police and Fire Reform (Scotland) Act 2012 (Commencement No. 3 and Transitory Provision) Order 2013 is a technical amendment which enables the laying power for regulations relating to the Police Investigations and Review Commissioner to come into force on 15 February 2013.

Police and Fire Reform (Scotland) Act 2012 (Commencement No.4, Transitory and Transitional Provisions) Order 2013 brings all remaining provisions of the Act into force on 1 April 2013.

The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013  updates UK legislation to refer to the new bodies created by the Act.

Police and Fire Reform (Scotland) Act 2012 (Consequential Modifications and Savings) Order 2013  updates other Scottish legislation to refer to the new bodies created by the Act.

Police and Fire Reform (Scotland) Act 2012 (Supplementary, Transitional,  Transitory and Saving Provisions) Order 2013 enables a smooth transition to the new services, and makes arrangements for completing the final accounts of the bodies being abolished.

Workforce Regulations

Police Service of Scotland Regulations 2013 and associated determinations replace the Police (Scotland) Regulations 2004 and related determinations, to make provision in relation to the pay and conditions of service of all regular constables of the Police Service of Scotland.

Police Service of Scotland (Special Constables) Regulations 2013 and associated determinations set out the terms and conditions of appointment of special constables in the Police Service of Scotland.

Police Service of Scotland (Conduct) Regulations 2014 introduce new procedures for handling unsatisfactory conduct (for ranks up to Chief Superintendent).  The formal procedures to deal with unsatisfactory conduct are set out in this guidance.

Police Service of Scotland (Performance) Regulations 2014 introduce new procedures for handling unsatisfactory performance (for ranks up to Chief Superintendent).  The formal procedures to deal with unsatisfactory performance are set out in this guidance.

Police Service of Scotland (Senior Officers) (Conduct) Regulations 2013 set out new procedures for determining cases of unsatisfactory conduct by senior officers, which will be administered by the SPA.

Police Service of Scotland (Senior Officers) (Performance) Regulations 2016 introduce new procedures for handling unsatisfactory performance by senior officers, which will be administered by the SPA.  The formal procedures to deal with unsatisfactory performance are set out in this senior officer performance guidance.

Police Service of Scotland (Promotion) Regulations 2013 and associated determinations make provision for promotion within the Police Service of Scotland and in particular set out the qualifications that are required.

Police Service of Scotland (Police Cadets) Regulations 2013 preserve the terms and conditions for cadets set out in the current legislation.

Police Appeals Tribunal Rules 2013 and associated determinations set out the procedures for appeals to an independent tribunal by police officers who, as result of disciplinary action, have been demoted or dismissed.

Police Service of Scotland (Temporary Service) Regulations 2013 set out arrangements for police officers to go on secondment to other organisations.

Police Federation (Scotland) Regulations 2013 prescribe the new structure and proceedings of the Scottish Police Federation in light of the establishment of the single service and were developed in close collaboration with the SPF.

Consultation and Equality Impact Assessment

Throughout the drafting of the regulations the Police and Fire Reform Division regularly engaged with key stakeholders through a series of reference groups. Our stakeholders were:

  • Scottish Police Authority;
  • Association of Scottish Police Superintendents;
  • Association of Chief Police Officers Scotland;
  • Scottish Chief Police Officers Staff Association;
  • Scottish Police Federation; and
  • Scottish Police Authorities Conveners Forum.

The Police and Fire Reform Division also maintained a dialogue with key EQIA stakeholders:

  • Scottish Gay Police Association;
  • Christian Police Association;
  • Scottish Muslim Police Association;
  • Association of Chief Police Officers Scotland;
  • Scottish Women’s Development Forum; and
  • Supporting Ethnic Minority Police staff for Equality in Race Scotland

EQIA

The Equality Impact Assessment for the workforce regulations is available online.

Consultation

The first period of consultation on the suite of workforce regulations ran from 14 December 2012 until 11 January 2013. You can access the responses to the first round of consultation online.

The second period of consultation ran from 22 January 2013 until 8 February 2013.You can access the responses to the second round of consultation online.

The Consultation Report is also available.

Police Investigations and Review Commissioner

Police Investigations and Review Commissioner (Investigations Procedure, Serious Incidents and Specified Weapons) Regulations 2013 make provision about the referral of serious incidents involving the police or the SPA to the Commissioner for investigation.  They also place requirements on the Police Service and the SPA to provide assistance and co-operation to the Commissioner’s investigations staff and specify other incidents that the Commissioner may investigate.

Goods and Services

Scottish Police Authority (Provision of Goods and Services) Order 2013 prescribes the types of goods and services the Scottish Police Authority may provide to persons other than public bodies, and to whom.