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The First-tier Tribunal for Scotland (Transfer of Functions and Members of the Police Appeals Tribunal) Amendment Regulations 2026

S.S.I. 2026/321 · Made 28 October 2026

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

TRIBUNALS AND INQUIRIES

Made 28th October 2026

Coming into force 26th November 2026

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 28(2), (6) and (7) of the Tribunals (Scotland) Act 2014f1 and all other powers enabling them to do so.

In accordance with section 79(2)(b) of that Act, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.

Annotations to the whole text

Footnotes

f1

2014 asp 10. Amendments to which are not relevant to these Regulations.

Contents

  1. 1Citation and commencement
  2. 2Amendment of the First-tier Tribunal for Scotland (Transfer of Functions and Members of the Police Appeals Tribunal) Regulations 2025
  3. Signature
  4. Explanatory note

1Citation and commencement

These Regulations may be cited as the First-tier Tribunal for Scotland (Transfer of Functions and Members of the Police Appeals Tribunal) Amendment Regulations 2026 and come into force on 26 November 2026.

2Amendment of the First-tier Tribunal for Scotland (Transfer of Functions and Members of the Police Appeals Tribunal) Regulations 2025

(1)

Schedule 2 of The First-tier Tribunal for Scotland (Transfer of Functions and Members of the Police Appeals Tribunal) Regulations 2025f1 (consequential amendments, repeals and revocations) is amended in accordance with paragraph (2).

(2)

In paragraph 1 (amendment of the Police and Fire Reform (Scotland) Act 2012f2), after sub-paragraph (2)(a), insert—

“(aa)

in subsection (1A), for “a police appeals tribunal” substitute “the First-tier Tribunal”,”.

Signature

NEIL GRAY

A member of the Scottish Government

St Andrew's House

Edinburgh

28th October 2026

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the First-tier Tribunal for Scotland (Transfer of Functions and Members of the Police Appeals Tribunal) Regulations 2025 (“the 2025 Regulations”).

The Police Appeals Tribunal was set up by the Police and Fire Reform (Scotland) Act 2012 (“the 2012 Act”) to deal with appeals under section 56(1) of that Act.

The 2025 Regulations transferred the functions and members of the Police Appeals Tribunal to the First-tier Tribunal for Scotland. Those functions relate to appeals by constables against certain decisions. The 2025 Regulations also abolished the Police Appeals Tribunal.

Section 10 of the Police (Ethics, Conduct and Scrutiny) (Scotland) Act 2025 amends section 56 of the 2012 Act to insert a new subsection (1A), which gives senior officers an additional right of appeal to the Police Appeals Tribunal. Section 10 is commenced on 26 November 2026 by the Police (Ethics, Conduct and Scrutiny) (Scotland) Act 2025 (Commencement No. 2 and Transitional Provision) Regulations 2026. From that date, it will create an additional right of appeal in relation to disciplinary action other than dismissal or demotion taken against senior officers in conduct cases.

The functions of the Police Appeals Tribunal having been transferred to the First-tier Tribunal by the 2025 Regulations, and the Police Appeals Tribunal having been abolished, the new right of appeal can only be to the First-tier Tribunal and not the Police Appeals Tribunal.

Regulation 2 of these Regulations amends the consequential provision in schedule 2 of the 2025 Regulations by substituting, in section 56(1A) of the 2012 Act, the reference to a Police Appeals Tribunal with a reference to the First-tier Tribunal, in order to give full effect to the transfer of functions to the latter.