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First-tier Tribunal for Scotland (Transfer of Functions and Members of the Police Appeals Tribunal) Amendment Regulations 2026 [Draft]
Our next item of business is consideration of an instrument subject to the affirmative procedure. The First-tier Tribunal for Scotland (Transfer of Functions and Members of the Police Appeals Tribunal) Amendment Regulations 2026 make a consequential amendment to ensure that a new right of appeal for senior police officers, as introduced by the Police (Ethics, Conduct and Scrutiny) (Scotland) Act 2025, operates as intended following the transfer of the police appeals tribunal’s functions to the First-tier Tribunal for Scotland and the subsequent abolition of the police appeals tribunal. The Delegated Powers and Law Reform Committee considered the instrument on 29 September 2026 and made no recommendations.
I welcome back to the meeting the Cabinet Secretary for Justice, Neil Gray. His supporting officials for this item are: Steven Bunch, who is the team leader of the police conduct policy team, and Amanda Dunlop, who is a lawyer, both from the Scottish Government.
I invite the cabinet secretary to make a brief opening statement, before we proceed to the formal debate on the motion.
The regulations are narrow in scope and technical in nature. They are required to support the commencement of section 10 of the Police (Ethics, Conduct and Scrutiny) (Scotland) Act 2025, which the Parliament has already agreed to. The instrument does not make new policy, nor does it change appeal rights or tribunal procedures. It simply updates the legislation to reflect the transfer of police appeal functions to the First-tier Tribunal for Scotland, which will ensure that the statute book remains accurate and that the Parliament’s intentions can be given full effect.
I hope that that is helpful, convener, and I will be pleased to answer any questions from the committee.
Do members have any questions on the instrument?
Mr Kerr, are you indicating that you wish to come in?
I do not have a question.
That is fine. As no one else wants to ask a question, we will proceed. We understand that the instrument would make a fairly consequential amendment.
We move to agenda item 4, which is the formal debate on the instrument. I remind members that the officials may not speak in the debate. I invite the cabinet secretary to move motion S7M-01279.
Motion moved,
That the Criminal Justice Committee recommends that The First-tier Tribunal for Scotland (Transfer of Functions and Members of the Police Appeals Tribunal) Amendment Regulations 2026 [draft] be approved.—[Neil Gray]
Do any other members wish to comment?
I support the regulation, which is a consequential amendment with the aim of ensuring that the appeal right operates correctly. However, my support should not be interpreted by anyone who is observing our proceedings as my approval of the wider police conduct arrangements, which we will consider in due course, and which I and others continue to have substantial concerns about.
I appreciate that. If no other members wish to speak in relation to the instrument, does the cabinet secretary wish to sum up in response to Mr Kerr?
I have already corresponded with Mr Kerr about some of his concerns. I have set out the Government’s position and I am sure that we will return to those concerns in due course.
I am sure that we will.
The question is, that motion S7M-01279, in the name of Neil Gray, be agreed to. Are we agreed?
Members indicated agreement.
That concludes consideration of the instrument and also ends the public part of our meeting.
Our next meeting will take place on Wednesday, 28 October 2026. I wish the cabinet secretary and his officials a peaceful and enjoyable recess.
11:49
Meeting continued in private until 12:24.
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