Police and Fire Reform (Scotland) Act 2012
2012 asp 8 · Enacted 7 August 2012 · Extends to Scotland
An Act of the Scottish Parliament to make provision about policing; to make provision about fire and rescue services; and for connected purposes.
The Bill for this Act of the Scottish Parliament was passed by the Parliament on 27th June 2012 and received Royal Assent on 7th August 2012
Contents
- Part 1: Police reform
- Chapter 1: The Scottish Police Authority
- 1The Scottish Police Authority
- 2Functions of the Authority
- 3Maintenance of the police
- 4General powers of the Authority
- 5Directions
- Chapter 2: The Police Service of Scotland
- The Police Service of Scotland
- 6The Police Service of Scotland
- Constables: appointment, ranks and terms of office
- 7Senior officers
- 8Regular constables
- 9Special constables
- 10Constable's declaration
- 11Ranks
- 12Constables: terms of office
- 13Rewards
- 14Senior officers: resignation or retirement for efficiency or effectiveness
- 15Temporary service outwith the Police Service of Scotland
- 16Temporary service as constable of the Police Service of Scotland
- Chief constable
- 17Chief constable's responsibility for the policing of Scotland
- 18Delegation of chief constable's functions
- Functions of constables
- 19Constables: functions and jurisdiction
- 20Constables: general duties
- 21Direction and control of the Police Service
- 22Failure to perform duty
- 23Failure to return equipment
- 24Liability for unlawful conduct
- Police cadets
- 25Police cadets
- Police staff
- 26Police staff
- 27Terms and conditions of police staff
- 28Police custody and security officers
- 29Certification of police custody and security officers
- 30False statements in relation to certification
- Chapter 3: Forensic services
- 31Forensic services
- Chapter 4: Principles, priorities, objectives and plans
- 32Policing principles
- 33Strategic police priorities
- 34Strategic police plan
- 35Annual police plans
- 36Planning functions: considerations
- Chapter 4A: Code of ethics
- 36ACode of ethics
- 36BPreparation and revision of the code of ethics
- Chapter 4B: Vetting code of practice
- 36CVetting code of practice
- 36DPreparation and revision of the code of vetting practice
- Chapter 5: Best value
- 37Best value
- 38Best value: further provision
- Chapter 6: Annual reports, accounts, audit and examination
- 39The Scottish Police Authority's annual report
- 40Accounts
- 41Audit
- 42Examination of Police Service by Auditor General
- 43Examinations of Scottish Police Authority by Auditor General
- Chapter 7: Local policing
- 44Local policing
- 45Local authority role in policing
- 46Duty to participate in community planning
- 47Local police plans
- Chapter 8: Governance and administration of police
- 48Governance and administration of police
- 49Appointments, promotions etc.
- 50Conditions of service
- 50AOngoing vetting
- 51Regulations: duties
- 52Disciplinary procedures: conduct and performance
- 53Personal records
- 54Consultation on regulations
- 55Regulations: supplementary
- Chapter 8A: POLICE NEGOTIATING BOARD FOR SCOTLAND
- 55AEstablishment of the PNBS
- 55BRepresentations about pay etc.
- 55CRepresentations on other matters
- 55DSteps following arbitration
- 55EReporting by the PNBS
- Chapter 9: APPEALS TO THE FIRST-TIER TRIBUNAL
- 56Right to appeal to the First-tier Tribunal
- 57Representation Repealed
- 58Determinations by tribunal
- 59Powers to obtain information Repealed
- Chapter 9A: Advisory list and barred list
- 59AScottish police advisory list and Scottish police barred list
- Chapter 10: Complaints and investigations
- 60Complaints handling
- 61The Police Investigations and Review Commissioner
- 62General functions of the Police Investigations and Review Commissioner
- 63Investigations under supervision of Lord Advocate or procurator fiscal
- 64Serious incidents involving the police
- 65Investigations of other matters in the public interest
- 66Investigations: procedure etc.
- 67Reports on investigations
- 68Investigations: obstruction and contempt
- 69Complaints against the Commissioner
- 70Protection from actions for defamation
- Chapter 11: Her Majesty's inspectors of constabulary in Scotland
- 71Her Majesty's inspectors of constabulary in Scotland
- 72Assistant inspectors of constabulary
- 73Staff officers
- 74Functions of inspectors
- 75HMICS plan
- 76HMICS powers
- 77Duty to assist and co-operate with HMICS
- 78HMICS reports: inquiries directed by Scottish Ministers
- 79HMICS reports: other inquiries
- 80Inquiry reports: consideration and action
- 81Power to give directions after adverse HMICS report
- 82HMICS annual report
- Chapter 12: Co-operation, exchange of information etc.
- 83Co-operation between Scottish Police Authority and Police Service
- 84Police information
- 85Scrutiny and investigations: co-operation and information sharing
- Chapter 13: Provision of goods and services
- 86Provision of police services
- 87Provision of other goods and services
- Chapter 14: Grants
- 88Police grants
- 89Grants to other persons
- Chapter 15: Offences
- 90Assaulting or impeding police
- 91Escape from custody
- 92Impersonation etc.
- Chapter 16: Independent custody visiting
- 93Purpose of custody visiting
- 94Independent custody visiting
- 95SPT visits
- 96Interpretation of Chapter 16
- Chapter 17: Miscellaneous and general
- 97Dissolution of the Police Advisory Board for Scotland
- 98Transitional and transitory provision
- 99Interpretation of Part 1
- 100Crown application
- Part 2: Fire reform
- The Scottish Fire and Rescue Service
- 101The Scottish Fire and Rescue Service
- Functions
- 102Promotion of fire safety
- 103Fire safety: enforcement
- 104Fire-fighting
- 105Road traffic accidents
- 106Conferral of functions in relation to other emergencies
- 107Power to respond to other eventualities
- 108Provision of other services
- 109Provision of centres for education and training
- 110Charging
- Further amendments of 2005 Act
- 111Assistance
- 112Delegation
- 113Best value
- 114Strategic plan
- 115Local fire and rescue plans
- 116Annual report
- 117Provision of information
- 118Directions by Scottish Ministers
- 119Inspectors of SFRS
- 120Prohibition on employment of police
- General
- 121Transfer of staff, property etc.
- 122SFRS: transitory provision
- 123Meaning of “the 2005 Act”
- Part 3: GENERAL
- 124Parliamentary scrutiny of operation of Act
- 125Subordinate legislation
- 126Ancillary provision
- 127Transitional provision etc.
- 128Minor and consequential amendments and repeals
- 129Commencement
- 130Short title
- Schedule 1: The Scottish Police Authority
- Part 1: Status, structure and governance
- Status
- 1Paragraph 1
- Membership
- 2Paragraph 2
- Disqualification
- 3Paragraph 3
- Tenure
- 4Paragraph 4
- Removal from office
- 5Paragraph 5
- Staff of the Authority
- 6Paragraph 6
- Constables: temporary service with the Scottish Police Authority
- 7Paragraph 7
- Terms and conditions of the Authority's staff
- 8Paragraph 8
- Committees and sub-committees
- 9Paragraph 9
- Procedure
- 10Paragraph 10
- Public access
- 11Paragraph 11
- Delegation of functions
- 12Paragraph 12
- Location of principal offices
- 13Paragraph 13
- Part 2: Consequential modifications
- Ethical Standards in Public Life etc. (Scotland) Act 2000 (asp 7)
- 14Paragraph 14
- Freedom of Information (Scotland) Act 2002 (asp 13)
- 15Paragraph 15
- Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4)
- 16Paragraph 16
- Public Services Reform (Scotland) Act 2010 (asp 8)
- 17Paragraph 17
- Public Records (Scotland) Act 2011 (asp 12)
- 18Paragraph 18
- Schedule 2: Police custody and security officers: powers and duties
- 1Paragraph 1
- 2Paragraph 2
- Schedule 2ZA: Persons to be consulted in respect of the Code of Ethics for Policing in Scotland
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- Schedule 2A: POLICE NEGOTIATING BOARD FOR SCOTLAND
- Status of the PNBS
- 1Paragraph 1
- Chairing and membership
- 2Paragraph 2
- Temporary chairperson
- 3Paragraph 3
- Disqualification from chairing
- 4Paragraph 4
- Constitution and procedure etc.
- 5Paragraph 5
- Process of arbitration
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- Remuneration and expenses
- 9Paragraph 9
- Schedule 3: Police appeals tribunals Repealed
- Constitution and membership Repealed
- 1Paragraph 1 Repealed
- Member remuneration, allowances and expenses Repealed
- 2Paragraph 2 Repealed
- Expenses of proceedings Repealed
- 3Paragraph 3 Repealed
- Police appeals tribunal rules Repealed
- 4Paragraph 4 Repealed
- Schedule 4: Period before establishment of Police Service
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- Schedule 5: Transfer of constables, staff and property etc.
- Interpretation
- 1Paragraph 1
- Appointed day
- 2Paragraph 2
- Constables to continue to hold office and rank
- 3Paragraph 3
- Senior officers appointed under section 7
- 4Paragraph 4
- Senior officers
- 5Paragraph 5
- Constables serving in police forces
- 6Paragraph 6
- Constables serving in SPSA or SCDEA
- 7Paragraph 7
- Constables – temporary service arrangements
- 8Paragraph 8
- Acts done before transfer
- 9Paragraph 9
- Limitation on mobility of transferred constables
- 10Paragraph 10
- Transfer of police staff
- 11Paragraph 11
- Staff transfer scheme
- 12Paragraph 12
- Police staff appointed under contract for services
- 13Paragraph 13
- Police cadets
- 14Paragraph 14
- Police custody and security officers
- 15Paragraph 15
- Her Majesty's inspectorate of constabulary in Scotland
- 16Paragraph 16
- Police property transfer scheme: transfers to Scottish Police Authority
- 17Paragraph 17
- Property transfer scheme: transfers to local authorities
- 18Paragraph 18
- Property transfer schemes: general
- 19Paragraph 19
- Transfer of liabilities of chief constables etc.
- 20Paragraph 20
- Schedule 6: Transfer of staff, property etc.
- Interpretation
- 1Paragraph 1
- Joint board staff
- 2Paragraph 2
- Local authority staff and civil servants
- 3Paragraph 3
- Transfers under paragraph 3: effect on contract of employment
- 4Paragraph 4
- Property transfer scheme: transfers to SFRS
- 5Paragraph 5
- Property transfer scheme: transfers to local authorities
- 6Paragraph 6
- Property transfer schemes: general
- 7Paragraph 7
- Transfer schemes: additional provision
- 8Paragraph 8
- Schedule 7: Minor and consequential amendments
- Part 1: Amendments relating to Part 1
- Police (Scotland) Act 1967 (c.77)
- 1Paragraph 1 Repealed
- Health and Safety at Work etc. Act 1974 (c.37)
- 2Paragraph 2
- Rehabilitation of Offenders Act 1974 (c.53)
- 3Paragraph 3
- Slaughter of Animals (Scotland) Act 1980 (c.13)
- 4Paragraph 4
- Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (c.55)
- 5Paragraph 5
- Civic Government (Scotland) Act 1982 (c.45)
- 6Paragraph 6
- Roads (Scotland) Act 1984 (c.54)
- 7Paragraph 7
- Prisons (Scotland) Act 1989 (c.45)
- 8Paragraph 8
- Criminal Justice and Public Order Act 1994 (c.33)
- 9Paragraph 9
- Local Government etc. (Scotland) Act 1994 (c.39)
- 10Paragraph 10
- Children (Scotland) Act 1995 (c.36)
- 11Paragraph 11
- Criminal Procedure (Scotland) Act 1995 (c.46)
- 12Paragraph 12
- Police Act 1996 (c.16)
- 13Paragraph 13
- Police Act 1997 (c.50)
- 14Paragraph 14
- Regulation of Investigatory Powers (Scotland) Act 2000 (asp 11)
- 15Paragraph 15
- Transport (Scotland) Act 2001 (asp 2)
- 16Paragraph 16
- International Criminal Court (Scotland) Act 2001 (asp 13)
- 17Paragraph 17
- Protection from Abuse (Scotland) Act 2001 (asp 14)
- 18Paragraph 18
- Scottish Public Services Ombudsman Act 2002 (asp 11)
- 19Paragraph 19
- Freedom of Information (Scotland) Act 2002 (asp 13)
- 20Paragraph 20
- Criminal Justice (Scotland) Act 2003 (asp 7)
- 21Paragraph 21
- Dog Fouling (Scotland) Act 2003 (asp 12)
- 22Paragraph 22
- Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13)
- 23Paragraph 23
- Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8)
- 24Paragraph 24
- Emergency Workers (Scotland) Act 2005 (asp 2)
- 25Paragraph 25
- Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (asp 9)
- 26Paragraph 26 Repealed
- Charities and Trustee Investment (Scotland) Act 2005 (asp 10)
- 27Paragraph 27
- Management of Offenders etc. (Scotland) Act 2005 (asp 14)
- 28Paragraph 28
- Licensing (Scotland) Act 2005 (asp 16)
- 29Paragraph 29
- Housing (Scotland) Act 2006 (asp 1)
- 30Paragraph 30
- Edinburgh Tram (Line Two) Act 2006 (asp 6)
- 31Paragraph 31
- Edinburgh Tram (Line One) Act 2006 (asp 7)
- 32Paragraph 32
- Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10)
- 33Paragraph 33
- Animal Health and Welfare (Scotland) Act 2006 (asp 11)
- 34Paragraph 34
- Adult Support and Protection (Scotland) Act 2007 (asp 10)
- 35Paragraph 35
- Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14)
- 36Paragraph 36
- Edinburgh Airport Rail Link Act 2007 (asp 16)
- 37Paragraph 37
- Glasgow Commonwealth Games Act 2008 (asp 4)
- 38Paragraph 38
- Marine (Scotland) Act 2010 (asp 5)
- 39Paragraph 39
- Public Services Reform (Scotland) Act 2010 (asp 8)
- 40Paragraph 40
- Control of Dogs (Scotland) Act 2010 (asp 9)
- 41Paragraph 41
- Criminal Justice and Licensing (Scotland) Act 2010 (asp 13)
- 42Paragraph 42
- Alcohol etc. (Scotland) Act 2010 (asp 18)
- 43Paragraph 43
- Children's Hearings (Scotland) Act 2011 (asp 1)
- 44Paragraph 44
- Public Records (Scotland) Act 2011 (asp 12)
- 45Paragraph 45
- Part 2: AMENDMENTS RELATING TO PART 2
- Gas Act 1965 (c.36)
- 46Paragraph 46
- Transport Act 1968 (c.73)
- 47Paragraph 47
- Pensions (Increase) Act 1971 (c.56)
- 48Paragraph 48
- Health and Safety at Work etc. Act 1974 (c.37)
- 49Paragraph 49
- Control of Pollution Act 1974 (c.40)
- 50Paragraph 50
- Water (Scotland) Act 1980 (c.45)
- 51Paragraph 51
- Zoo Licensing Act 1981 (c.37)
- 52Paragraph 52
- Civic Government (Scotland) Act 1982 (c.45)
- 53Paragraph 53
- Road Traffic Regulation Act 1984 (c.27)
- 54Paragraph 54
- Cinemas Act 1985 (c.13)
- 55Paragraph 55
- Housing (Scotland) Act 1987 (c.26)
- 56Paragraph 56 Repealed
- Strathclyde Regional Council Order Confirmation Act 1991 (c.xx)
- 57Paragraph 57
- Vehicle Excise and Registration Act 1994 (c.22)
- 58Paragraph 58
- Merchant Shipping Act 1995 (c.21)
- 59Paragraph 59
- Scottish Borders Council (Jim Clark Memorial Rally) Order Confirmation Act 1996 (c.xii)
- 60Paragraph 60
- Ethical Standards in Public Life etc. (Scotland) Act 2000 (asp 7)
- 61Paragraph 61
- Scottish Public Services Ombudsman Act 2002 (asp 11)
- 62Paragraph 62
- Freedom of Information (Scotland) Act 2002 (asp 13)
- 63Paragraph 63
- Local Government in Scotland Act 2003 (asp 1)
- 64Paragraph 64
- Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4)
- 65Paragraph 65
- Fire and Rescue Services Act 2004 (c.21)
- 66Paragraph 66
- Emergency Workers (Scotland) Act 2005 (asp 2)
- 67Paragraph 67
- Fire (Scotland) Act 2005 (asp 5)
- 68Paragraph 68
- Gambling Act 2005 (c.19)
- 69Paragraph 69
- Housing (Scotland) Act 2006 (asp 1)
- 70Paragraph 70
- Corporate Manslaughter and Corporate Homicide Act 2007 (c.19)
- 71Paragraph 71
- Public Services Reform (Scotland) Act 2010 (asp 8)
- 72Paragraph 72
- Public Records (Scotland) Act 2011 (asp 12)
- 73Paragraph 73
- Part 3: AMENDMENTS RELATING TO BOTH PARTS
- Pipe-lines Act 1962 (c.58)
- 74Paragraph 74
- Local Government etc. (Scotland) Act 1994 (c.39)
- 75Paragraph 75
- Schedule 8: Repeals
- 1Repeals relating to Part 1
- 2Repeals relating to Part 2
- 3Repeals relating to both Parts