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

2 Code of ethics

(1) The 2012 Act is amended as follows.

(2) In Part 1, after Chapter 4, insert—

“Chapter 4A Code of ethics

36A Code of ethics

(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, and

(h) 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, and

(c) 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, and

(ii) a record is made and kept by the chief constable of the steps taken in relation to each constable and member of staff.

36B Preparation and revision of the code of ethics

(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, and

(ii) such other persons as the chief constable considers appropriate, and

(b) 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, and

(c) following such a review, must—

(i) revise the code of ethics, or

(ii) 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, or

(b) 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—

“Schedule 2ZA Persons to be consulted in respect of the Code of Ethics for Policing in Scotland

(introduced by section 36B)

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.”.