- Latest available (Revised)
- Original (As enacted)
Police (Ethics, Conduct and Scrutiny) (Scotland) Act 2025
You are here:
What Version
Opening Options
More Resources
Status:
This is the original version (as it was originally enacted). This item of legislation is currently only available in its original format.
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, and
(b)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, or
(ii)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.”.
Options/Help
Print Options
PrintThe Whole Act
PrintThe Whole Cross Heading
PrintThis Section only
Legislation is available in different versions:
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Opening Options
Different options to open legislation in order to view more content on screen at once
More Resources
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- correction slips
- links to related legislation and further information resources
More Resources
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- correction slips
Click 'View More' or select 'More Resources' tab for additional information including:
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- links to related legislation and further information resources
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.