Explanatory note

These Regulations amend the Police Service of Scotland (Conduct) Regulations 2014 (“the 2014 Conduct Regulations”), which make provision for the procedures to be followed where the conduct of a constable of the Police Service of Scotland is alleged to amount to misconduct or gross misconduct.

Regulation 4 amends the interpretation provisions in regulation 2 of the 2014 Conduct Regulations by inserting, modifying and substituting a number of defined terms, including insertion of new definitions relating to accelerated misconduct hearings, misconduct pre-hearings, a presenting officer, the First-tier Tribunal and trauma-informed practice. Regulation 5 amends regulation 3 so that, from 26 November 2026, the 2014 Conduct Regulations apply to the conduct of special constables.

Regulations 6 and 7 amend regulations 6 and 7 of the 2014 Conduct Regulations to prevent a police representative or a legal representative answering questions on behalf of the constable, and to extend the right to legal representation to misconduct pre-hearings, accelerated misconduct hearings and appeal hearings where the appeal relates to the outcome of a misconduct hearing or an accelerated misconduct hearing.

Regulation 8 amends regulation 8 of the 2014 Conduct Regulations to substitute the suspension conditions, require consideration of temporary redeployment as an alternative to suspension and update the ranks of those who may carry out suspension reviews.

Regulation 9 inserts new regulations 10A to 10D to provide for joint investigations where allegations concern both a constable and a senior officer. These provisions require the deputy chief constable and the Police Investigations and Review Commissioner to prepare a joint investigation strategy, regulate joint interviews of witnesses and make provision about information-sharing while preserving the separate statutory functions of each investigator.

Regulation 10 amends regulation 11 of the 2014 Conduct Regulations to require a further notice of investigation where the investigator’s assessment of either the seriousness of the conduct or the conduct forming the subject matter of the misconduct allegation changes. Regulation 11 amends regulation 13 of the 2014 Conduct Regulations to require the investigator to submit an early report where the investigator believes the special conditions for an accelerated misconduct hearing may be satisfied, or where new evidence suggests that the conduct would not amount to misconduct or gross misconduct. In such cases the deputy chief constable must reassess the matter and either, where appropriate, bring the investigation to an end, or, where special conditions are satisfied, certify the case and refer it to an accelerated misconduct hearing in accordance with new regulation 23B.

Regulation 12 amends regulation 14 of the 2014 Conduct Regulations to make referral to misconduct proceedings subject to the new accelerated misconduct procedure in regulation 23B. Regulation 13 inserts new regulation 14A into the 2014 Conduct Regulations and requires the deputy chief constable to notify certain complainants where a misconduct allegation is determined to involve no case to answer, setting out the outcome and reasons, subject to limited exceptions permitting information to be withheld or restricted in the public interest.

Regulation 14 amends regulation 15 of the 2014 Conduct Regulations to expand the documents that must be provided to the constable, including audio recordings and written records of interviews, to replace references to the deputy chief constable with the presenting officer, to remove the requirements to provide summaries of witness evidence, and to clarify the test for disclosure of other material gathered during the investigation. It also provides for rules on deemed receipt of misconduct forms and enables the referral to proceedings despite a constable’s failure to provide written notice in response to the misconduct form.

Regulation 15 inserts new regulations 16A to 16C into the 2014 Conduct Regulations to make provision for misconduct pre-hearings, for the management of proceedings by the person conducting them, including time limits for commencement, and for the appointment of a presenting officer with appropriate skills.

Regulation 16 amends regulation 17 of the 2014 Conduct Regulations to allow measures that support the effective participation of witnesses, including remote evidence, the use of screens, a supporter or giving evidence in private, where this can be done without prejudicing the fairness of proceedings.

Regulation 17 amends regulation 18 of the 2014 Conduct Regulations to update the procedure at misconduct proceedings to account for the presenting officer and to permit written statements where their use would not prejudice fairness. Regulation 18 amends regulation 19 of the 2014 Conduct Regulations to allow participation of the constable in proceedings via live television link or other suitable remote means on reasonable grounds, including the constable’s welfare. Regulation 19 amends regulation 20 of the 2014 Conduct Regulations to require the investigator, or suitable replacement, to attend if requested, and to allow complainants or witnesses to attend as observers except where inappropriate.

Regulation 20 amends regulation 22 of the 2014 Conduct Regulations to remove verbal warnings, to revise the periods for which written and final written warnings remain in effect, and to provide for the period of a final written warning to be extended up to a maximum of five years. Regulation 21 substitutes regulation 23 of the 2014 Conduct Regulations to require publication of the written report of the outcome of misconduct proceedings on the Police Service of Scotland website, subject to limited grounds for redaction or non-publication.

Regulation 22 inserts a new Part 3A (regulations 23A to 23M) into the 2014 Conduct Regulations, establishing accelerated misconduct hearings. These regulations make provision for certification of cases where special conditions are met, for the giving of notice, for the conduct of the hearing, for the disciplinary actions available, including dismissal without notice, and for publication of the report prepared in relation to the accelerated misconduct hearing. New Regulation 23N makes provision for appeals against determinations and disciplinary action imposed following an accelerated misconduct hearing by applying, with modifications, the appeal procedures in regulations 24 to 27.

Schedule 1 makes consequential amendments to the Police Service of Scotland (Special Constables) Regulations 2013 and the First-tier Tribunal for Scotland General Regulatory Chamber (Police Appeals) (Procedure) Regulations 2025. Schedule 2 makes revocation, transitional and saving provisions to ensure that cases relating to conduct occurring before 26 November 2026 continue to be dealt with under the legislation in force immediately before that date.