Scottish Ministers have made new procedural rules for police appeals heard in the First-tier Tribunal for Scotland’s General Regulatory Chamber. The package takes effect on 29 December 2025 alongside the transfer of functions from the Police Appeals Tribunal and the composition order fixing a three‑member legal panel; the procedure instrument is SSI 2025/384.
An appeal is by a constable under section 56(1) of the Police and Fire Reform (Scotland) Act 2012. The Scottish Police Authority is the respondent in senior officer cases; in all other cases it is the chief constable. Hearings may be held in person or by video or telephone.
An appellant must lodge a written notice of appeal within 28 days of service of the disputed decision, identify the grounds in full, attach the decision letter and any documents relied on, and sign the notice. If more time is needed, a reasoned request for an extension can be made. The Tribunal acknowledges and registers the case within 14 days.
Within 21 days of receiving the appeal, the respondent states whether the appeal is opposed and sets out grounds. Certified copies of the relevant misconduct or performance papers, including any audio recording or written record of the earlier hearing, must be provided. The reply must be signed by the chief constable or an authorised Scottish Police Authority official. Time may be extended on request with reasons.
After the initial exchange, the Tribunal invites both parties to amend their statements; amendments may be made within 21 days of that invitation and thereafter only with permission. The Tribunal then asks each party to confirm within 7 days whether an oral hearing is required. If neither requests one, the appeal is determined on the papers.
The Tribunal holds wide case management powers: it may extend or shorten time limits, identify lead cases, order production of information and evidence, decide preliminary issues, convene case‑management hearings and set the form of any hearing, including remote formats. For appeals transferred that were in progress before 29 December 2025, it may order a fresh rehearing and accept agreed evidence where appropriate.
The chairing member can require attendance of witnesses or production of material, define issues on which evidence or submissions are needed, permit expert evidence (including a single jointly‑appointed expert), and limit witness numbers. Evidence submitted late, in breach of directions or where admission would be unfair may be excluded. Evidence may be taken on oath or affirmation; compulsion mirrors what is available in civil proceedings.
Parties may be represented by a lawyer or a lay representative, whose details must be provided before any hearing. The Tribunal can refuse a lay representative it considers unsuitable or where this is needed for efficient justice. Parties may also be accompanied by a supporter for note‑taking and quiet assistance; supporters cannot act as representatives.
Listings must give at least 21 days’ notice, with information on attendance, documents, representation, written reasons and reasonable adjustments. Hearings are in public unless the Tribunal directs otherwise in the interests of justice. Recording may be prohibited, save where required as a reasonable adjustment, and disruptive persons can be excluded. With the parties’ consent, a hearing may proceed with two Tribunal members if one is absent, the chair holding a casting vote.
Decisions may be taken by majority and are issued at the hearing or within 30 days, accompanied by information on the right to seek a review or to appeal on a point of law. Decisions are pronounced publicly or published in writing with necessary redactions. A public register, which may be electronic, records case details including the appellant’s name, subject to any order.
Each party meets its own expenses unless the Tribunal finds unreasonable conduct that caused the other party to incur cost it would be unreasonable to expect them to bear, in which case it may make an order after hearing from the party concerned.
A party may seek a review within 14 days, or the Tribunal may review on its own initiative, where this is necessary in the interests of justice. The 30‑day deadline for applying for permission to appeal is set by the Scottish Tribunals (Time Limits) Regulations 2016 and is unaffected by a review. Permission applications must identify the decision and the point of law; refusals come with reasons and information on applying to the Upper Tribunal.
For practitioners, this creates a single route for police dismissal and demotion appeals in Scotland with standardised time limits, evidence directions and publication practice. Teams in Police Scotland and the Scottish Police Authority should ensure certified records and audio files are readily available, service details are current, and privacy applications are considered where warranted.
The rules take effect on 29 December 2025, aligning with the transfer of appeals from the Police Appeals Tribunal to the First‑tier Tribunal’s General Regulatory Chamber. SSI 2025/384 sits alongside SSI 2025/378 and the composition order at SSI 2025/383.