Scottish Ministers have laid the Police Service of Scotland (Vetting) Regulations 2026 before the Scottish Parliament on 2 February 2026, with commencement set for 1 April 2026. The instrument implements the Police (Ethics, Conduct and Scrutiny) (Scotland) Act 2025 by placing police vetting on a statutory footing, with defined processes for periodic checks, decision‑making, and appeal. (spa.police.uk)
The legal basis draws on sections 48 and 55 of the Police and Fire Reform (Scotland) Act 2012 as amended by the 2025 Act, including new section 50A on ongoing vetting and provisions for demotion or dismissal following vetting outcomes. In parallel, the Act requires the Chief Constable to prepare a vetting code of practice, which only takes effect once these Regulations commence. (legislation.gov.uk)
The Regulations require all constables to hold and maintain vetting clearance, to report relevant changes in their personal circumstances promptly, and to co‑operate with vetting activity. These duties mirror the framework anticipated by the 2025 Act, which envisages disclosure and co‑operation duties within secondary legislation. (legislation.gov.uk)
Periodic vetting is mandated at set intervals, with a maximum re‑vetting period of ten years and scope for shorter cycles for specific ranks or roles where appropriate. Ad‑hoc re‑vetting can also be required where a reason arises. The approach aligns with prior recommendations from HM Inspectorate of Constabulary in Scotland for re‑vetting at least every ten years. (legislation.gov.uk)
Where information is sensitive, a disclosure risk test permits limited withholding of material if necessary to protect criminal proceedings, potential misconduct action, the prevention or detection of crime, or the safety of informants and witnesses. If information is withheld, the constable must still receive a summary that enables meaningful participation in the process.
If a concern emerges during vetting, a preliminary assessment by a designated deputy chief constable determines whether a full withdrawal assessment is required. An assessor-typically the force vetting manager or another suitably skilled person-then gathers evidence, may interview witnesses, and issues a report. The constable receives written notice of the case, has 15 working days to provide representations, and interviews are normally scheduled within 20 working days, with an audio record or formal note retained.
Representation is provided for. A constable may choose an appropriate police representative and may instruct a solicitor or advocate for both interview and appeal meeting, provided five working days’ notice is given. Representatives may make submissions but cannot answer questions on the officer’s behalf during interview. The Regulations also allow legal advice to be appointed to assist appeal panels.
Outcomes following the assessor’s report are structured. The decision maker may impose conditions, downgrade vetting (with or without conditions), or withdraw clearance. The standard applied is the balance of probabilities. If all vetting clearance is withdrawn, dismissal follows (with or without notice). Where vetting is downgraded and no suitable post exists at the same rank, demotion may be effected. Decisions take effect on notification.
Suspension can be used during a withdrawal assessment or internal appeal where redeployment is not appropriate and where process integrity or the public interest would otherwise be at risk. Suspension is with pay, must be reviewed at least every four weeks, and may be terminated when conditions are no longer met or proceedings conclude.
Internal appeals are available on three grounds: unreasonableness, significant new evidence, or procedural unfairness capable of affecting the outcome. Appeals must be lodged within 30 working days. If arguable grounds are found, an appeal meeting is normally held within five working days and in private, with a record kept. For senior officers, a three‑person panel decides the appeal (including a legally qualified chair from the First‑tier Tribunal); for other constables, the appeal is decided by an assistant chief constable or, if necessary, a deputy chief constable. If dismissal or demotion stands after the internal appeal, a further appeal may be made to the First‑tier Tribunal, which has been constituted and procedurally equipped for police appeals since December 2025. (legislation.gov.uk)
Tribunal rules made in 2025 set out case management powers, representation, evidence and publication of decisions for police appeals heard in the First‑tier Tribunal’s General Regulatory Chamber. The 2026 Regulations integrate with those rules by adding vetting‑specific documentation (such as recordings or records of interviews and appeal meetings) to the material expected by the Tribunal. (legislation.gov.uk)
Pay and allowances are adjusted to reflect suspension under the Vetting Regulations. During suspension, only limited allowances are payable. Where an officer returns to duty because vetting is not withdrawn, or following a successful appeal, back pay and allowances are restored from the date of suspension.
Operationally, forces should plan now for a live statutory regime from 1 April 2026, alongside the forthcoming vetting code of practice that the Chief Constable must prepare under the 2025 Act. This includes setting up cyclical re‑vetting timetables, strengthening self‑reporting of personal‑circumstances changes, briefing line managers on time limits for statements and interviews, and aligning document‑handling with the disclosure risk test. The timetable mirrors prior Scottish Police Authority updates on implementation, and the ten‑year cycle reflects HMICS recommendations. (legislation.gov.uk)