Explanatory note

These Regulations make provision for the vetting of police constables. They require every police constable to hold and maintain vetting clearance. They also require the chief constable to re-assess the vetting clearance of constables at intervals and if a reason to do so arises. They establish a procedure for withdrawing vetting clearance where there is evidence that a police constable may no longer be suitable to hold it and provide for a route of dismissing a constable who has had all vetting clearance removed.

The Regulations sit alongside the Police Service of Scotland (Performance) Regulations 2014 and the Police Service of Scotland (Senior Officers) (Performance) Regulations 2016 (“the Performance Regulations”), which concern unsatisfactory performance or attendance or gross incompetence, and the Police Service of Scotland (Conduct) Regulations 2014, the Police Service of Scotland (Senior Officers) (Conduct) Regulations 2013 and Part 4 of the Police Service of Scotland (Special Constables) Regulations 2013 (the “Conduct Regulations”), which concern internal conduct matters.

Part 1 contains preliminary provisions, including interpretation and application provisions. The Regulations apply to all Police Service of Scotland constables.

Part 2 deals with vetting clearance generally. Regulation 4 sets out the duty for every police constable to hold and maintain vetting clearance. Regulation 5 sets out the duty for the chief constable to ensure that vetting of each constable is carried out at intervals of no more than 10 years. The chief constable may also require a constable to undergo an assessment at any other time, if a reason to do so arises. Regulation 6 provides for the termination of a police constable’s vetting clearance at the point they cease to be a police constable.

Part 3 sets out processes that apply to the Regulations as a whole, including legal representation or other representation, and the provision of notices. Regulation 12 sets out what should happen if an offence may have been committed by the constable concerned. Regulation 13 sets out what should happen if the matters that have arisen in the vetting process could amount to a conduct matter under the Conduct Regulations or a performance matter under the Performance Regulations. Regulation 14 allows the deputy chief constable or the Authority, as appropriate, to suspend a police constable under the Regulations where certain conditions are met.

Part 4 deals with the procedure for withdrawal assessments. Regulation 15 provides for the deputy chief constable to make a preliminary assessment in relation to the matter of concern around vetting clearance that has come to their attention. Regulation 16 requires the force vetting manager to carry out a withdrawal assessment, or to appoint an assessor to do so, where the preliminary assessment indicates that a withdrawal assessment must be carried out. Regulation 17 sets out the purpose of the withdrawal assessment. Regulation 19 provides that the constable concerned may make representations to the assessor and regulation 20 allows the assessor to ask the constable to attend an interview with the assessor, or for the constable to request an interview. Regulation 23 provides for a designated decision maker to make a decision about the vetting clearance of the constable concerned and any measures that should be placed on vetting, once the assessor has made their final written report and recommendation. Regulation 23 provides that if a police constable has had all vetting clearance withdrawn, they must be dismissed with or without notice. Regulation 25 provides that the constable may appeal any outcome under regulation 23(2).

Part 5 sets out the internal process for appealing any outcome under regulation 23(2), including setting out who must conduct the appeal and the appeal processes.

Part 6 amends the First-tier Tribunal for Scotland General Regulatory Chamber (Police Appeals) (Procedure) Regulations 2025 to ensure that the rules in those Regulations will apply to an appeal made against dismissal or demotion under these Regulations. It also amends provisions on pay and allowances in the Police Service of Scotland Regulations 2013 with respect to constables who have been suspended.