{
  "url": "https://openlegislation.uk/police-ethics-conduct-and-scrutiny-scotland-act-2025/section-10",
  "json_url": "https://openlegislation.uk/police-ethics-conduct-and-scrutiny-scotland-act-2025/section-10.json",
  "legislation": "asp/2025/5",
  "legislation_title": "Police (Ethics, Conduct and Scrutiny) (Scotland) Act 2025",
  "legislation_url": "https://openlegislation.uk/police-ethics-conduct-and-scrutiny-scotland-act-2025",
  "path": "section/10",
  "kind": "section",
  "number": "10",
  "heading": "Procedures for misconduct: senior officers",
  "text": "(1) The 2012 Act is amended as follows.\n(2) For subsection (3) of section 52 (disciplinary procedures: conduct and performance), substitute—\n“(3) Such regulations must provide for—\n(a) the Authority to determine any case which relates to the standard of performance of a senior officer,\n(b) a panel independent of the Authority to determine any case which relates to the standard of behaviour of a senior officer or a person who has ceased to be a senior officer.”.\n(3) In section 56 (right to appeal to police appeals tribunal)—\n(a) after subsection (1), insert—\n“(1A) A senior officer may appeal to a police appeals tribunal against any decision to take any other action against the senior officer, in pursuance of regulations made under section 48 which provide for procedures for dealing with a constable whose standard of behaviour is unsatisfactory.”,\n(b) after subsection (2), insert—\n“(2A) In this section, a reference to a constable or senior officer includes a person who was a constable or a senior officer, as the case may be.”.\n(4) In subsection (2) of section 58 (determinations by tribunal), for “dismissal or demotion in rank of” substitute “action against”.",
  "extent": "S",
  "status": "prospective",
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "S. 10 not in force at Royal Assent, see s. 22(2)"
    }
  ],
  "outstanding_effects": [
    {
      "type": "coming into force",
      "affecting": "ssi/2026/262",
      "affecting_title": "The Police (Ethics, Conduct and Scrutiny) (Scotland) Act 2025 (Commencement No. 2 and Transitional Provision) Regulations 2026"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/asp/2025/5/section/10",
    "retrieved_at": "2026-10-29T20:11:59.636562+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}