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Last updated:
9 February 2022
Minutes of the CPG on Men's Violence against Women and Children meeting of 29 September 2021
Issues include a dilution of confidence in the system. v. Some issues emerging as a result of Covid include isolation, challenges in reach and engagement in some cases. d.
Last updated:
15 January 2025
SPBill29BS062025
Police vetting 3A Vetting code of practice (1) The 2012 Act is amended as follows. (2) In Part 1, after Chapter 4A (inserted by section 2), insert— 25 “C HAPTER 4B V ETTING CODE OF PRACTICE 36C Vetting code of practice (1) The chief constable must prepare a code of practice for the vetting of constables and police staff (referred to in this section and section 36D as “the vetting 30 code of practice”). (2) The chief constable must prepare the vetting code of practice as soon as is reasonably practicable after section (Vetting code of practice) of the Police (Ethics, Conduct and Scrutiny) (Scotland) Act 2024 comes into force but — (a) the chief constable is not to carry out any consultation under section 35 36D(1) until the chief constable has, in accordance with section 54(2)(a)(i), received a draft of the first set of regulations to be made under section 48 in pursuance of section 50A (ongoing vetting of constables), (b) the vetting code of practice does not have effect until those regulations 40 come into force. (3) In this section, “vetting” is an assessment as to a person’s suitability, having insofar as they relate to the ethical standards and behaviour expected regard, 6 Police (Ethics, Conduct and Scrutiny) (Scotland) Bill 1 of constables or (as the case may be) police staff, to the person’s character and personal circumstances, to— (a) hold the office of constable or a particular rank or role, (b) be a member of police staff or to hold a particular role as a member of 5 police staff. (4) The vetting code of practice must, in respect of the vetting of police staff, provide for— (a) a person to undergo vetting— (i) periodically, and 10 (ii) if a reason to do so arises, 1 (b) circumstances in which a person who has undergone vetting is to be— (i) required to comply with conditions (including as to the person's personal circumstances), (ii) redeployed, 15 (iii) demoted, (iv) dismissed (with or without notice). (4A) Provision in the vetting code of practice about the vetting of constables and police staff must include provision about the types of evidence required to demonstrate that the person who has undergone vetting is not suitable to— 20 (a) hold the office of constable or a particular rank or role, (b) be a member of police staff or to hold a particular role as a member of police staff. (4B) The vetting code of practice must include provision for written reasons to be provided if, as a result of the vetting of constables and police staff, a person 25 who has undergone vetting is to be— (a) required to comply with conditions (including as to the person’s personal circumstances), (b) redeployed, (c) demoted, 30 (d) dismissed (with or without notice). (5) Provision in the vetting code of practice about the vetting of constables and police staff may, in particular, include provision about— (a) the frequency of vetting of a person (but see also section 50A(2)(c)), (b) circumstances in which there will or may be a reason to carry out vetting, 35 (c) different categories of vetting to be carried out in different circumstances, (d) steps that may be taken where certain information is disclosed by vetting. (6) But the code may not include any provision which is inconsistent with provision in regulations made under section 48 in pursuance of section 50A (ongoing vetting of constables). 40 (7) The chief constable may prepare more than one vetting code of practice in order to make different provision for different categories of person, roles or 7 Police (Ethics, Conduct and Scrutiny) (Scotland) Bill other purposes, and a reference to the vetting code of practice in this section or in section 36D is to be construed accordingly. (8) The chief constable must involve the Authority in the preparation of the vetting code of practice and the Authority must provide the chief constable with such 5 assistance as the chief constable may reasonably require in that regard. (9) The chief constable must— (a) publish the vetting code of practice on a website maintained by or on behalf of the Police Service and in such other manner as the chief constable considers appropriate, and 10 (b) lay a copy of it before the Scottish Parliament. 1 36D Preparation and revision of the code of vetting practice (1) When preparing the vetting code of practice under section 36C(1), the chief constable must— (a) consult and share a draft with— 15 (i) the Scottish Ministers, (ii) His Majesty’s Inspectorate of Constabulary in Scotland, (iii) the joint central committee of the Police Federation for Scotland, (iv) such persons as appear to the chief constable to be representative of senior officers, 20 (v) such persons as appear to the chief constable to be representative of superintendents (including chief superintendents), (vi) such persons as appear to the chief constable to represent the collective interests of police staff, (vii) such persons as appear to the chief constable to represent groups 25 of individual constables or members of police staff, or both, characterised by reference to one or more of the following characteristics— (A) disability, (B) race, colour, nationality, or ethnic or national origins, 30 (C) religion, (D) sex, (E) sexual orientation, (F) transgender identity, (viii) such other persons as the chief constable considers appropriate, 35 and (b) consider any representations made. (2) The chief constable— (a) may review the vetting code of practice from time to time, 8 Police (Ethics, Conduct and Scrutiny) (Scotland) Bill (b) must review it at least once during each 5 year period beginning with the day on which the code, a revised code or a statement under paragraph (c)(ii) is laid, and (c) following such a review, must— 5 (i) revise the vetting code of practice, or (ii) lay a statement before the Scottish Parliament that, having undertaken a review, the chief constable has concluded that there is no need to revise it. (3) Section 36C(2) to (9) and subsections (1) and (2) apply to a revised vetting 10 code of practice as they apply to the vetting code of practice prepared under 1 section 36C(1).”. 3B Procedures for vetting (1) The 2012 Act is amended as follows. (2) After section 50, insert— 15 “50A Ongoing vetting (1) Regulations made under section 48 must provide for— (a) constables to undergo vetting— (i) periodically, and (ii) if a reason to do so arises, 20 (b) circumstances in which a constable who has undergone vetting is to be— (i) demoted, (ii) dismissed (with or without notice). (2) Such regulations may make provision for— 25 (a) circumstances other than those mentioned in subsection (1)(a) in which constables must undergo vetting, (b) the process to be followed in the carrying out of vetting, (c) a minimum frequency for vetting of individual constables, (d) vetting to be carried out by a person holding such office, rank or role 30 as is specified in the regulations, (e) a duty for constables to disclose such changes in their personal circumstances as are specified in the regulations, (f) a duty for constables to co-operate with any vetting they undergo, (g) circumstances in which a constable who has undergone vetting is to 35 be— (i) required to comply with conditions (including as to the constable's personal circumstances), (ii) redeployed, (h) appeals against determinations mentioned in subsection (1)(b) and 40 paragraph (g), 9 Police (Ethics, Conduct and Scrutiny) (Scotland) Bill (i) circumstances in which constables may, pending the completion of vetting or an appeal, be— (i) required to comply with conditions (including as to the person's personal circumstances), 5 (ii) suspended from duty, (iii) redeployed, (j) the steps to be taken if a matter which is or may be the subject of a person’s vetting is or may be the subject of — (i) criminal proceedings, 10 (ii) proceedings for dealing with a constable whose standard of 1 behaviour or performance is unsatisfactory brought under procedures set out in regulations made under section 48. (3) In this section, “vetting” is an assessment as to a constable’s suitability, having regard, insofar as they relate to the ethical standards and behaviour expected 15 of constables, to the constable’s character and personal circumstances, to hold the office of constable or a particular rank or role.”.
Last updated:
2 October 2024
SPBill29AS062024
Police vetting 5 3A Vetting code of practice (1) The 2012 Act is amended as follows. (2) In Part 1, after Chapter 4A (inserted by section 2), insert— “C HAPTER 4B V ETTING CODE OF PRACTICE 10 36C Vetting code of practice 1 (1) The chief constable must prepare a code of practice for the vetting of constables and police staff (referred to in this section and section 36D as “the vetting code of practice”). (2) The chief constable must prepare the vetting code of practice as soon as is 15 reasonably practicable after section (Vetting code of practice) of the Police (Ethics, Conduct and Scrutiny) (Scotland) Act 2024 comes into force but — (a) the chief constable is not to carry out any consultation under section 36D(1) until the chief constable has, in accordance with section 54(2)(a)(i), received a draft of the first set of regulations to be made 20 under section 48 in pursuance of section 50A (ongoing vetting of constables), (b) the vetting code of practice does not have effect until those regulations come into force. (3) In this section, “vetting” is an assessment as to a person’s suitability, having 25 regard, insofar as they relate to the ethical standards and behaviour expected of constables or (as the case may be) police staff, to the person’s character and personal circumstances, to— (a) hold the office of constable or a particular rank or role, (b) be a member of police staff or to hold a particular role as a member of 30 police staff. (4) The vetting code of practice must, in respect of the vetting of police staff, provide for— (a) a person to undergo vetting— (i) periodically, and 35 (ii) if a reason to do so arises, (b) circumstances in which a person who has undergone vetting is to be— (i) required to comply with conditions (including as to the person's personal circumstances), (ii) redeployed, 40 (iii) demoted, (iv) dismissed (with or without notice). 6 Police (Ethics, Conduct and Scrutiny) (Scotland) Bill (5) Provision in the vetting code of practice about the vetting of constables and police staff may, in particular, include provision about— (a) the frequency of vetting of a person (but see also section 50A(2)(c)), (b) circumstances in which there will or may be a reason to carry out vetting, 5 (c) different categories of vetting to be carried out in different circumstances, (d) steps that may be taken where certain information is disclosed by vetting. (6) But the code may not include any provision which is inconsistent with provision in regulations made under section 48 in pursuance of section 50A (ongoing vetting of constables). 10 (7) The chief constable may prepare more than one vetting code of practice in 1 order to make different provision for different categories of person, roles or other purposes, and a reference to the vetting code of practice in this section or in section 36D is to be construed accordingly. (8) The chief constable must involve the Authority in the preparation of the vetting 15 code of practice and the Authority must provide the chief constable with such assistance as the chief constable may reasonably require in that regard. (9) The chief constable must— (a) publish the vetting code of practice on a website maintained by or on behalf of the Police Service and in such other manner as the chief 20 constable considers appropriate, and (b) lay a copy of it before the Scottish Parliament. 36D Preparation and revision of the code of vetting practice (1) When preparing the vetting code of practice under section 36C(1), the chief constable must— 25 (a) consult and share a draft with— (i) the Scottish Ministers, (ii) His Majesty’s Inspectorate of Constabulary in Scotland, (iii) the joint central committee of the Police Federation for Scotland, (iv) such persons as appear to the chief constable to be representative 30 of senior officers, (v) such persons as appear to the chief constable to be representative of superintendents (including chief superintendents), (vi) such persons as appear to the chief constable to represent the collective interests of police staff, 35 (vii) such persons as appear to the chief constable to represent groups of individual constables or members of police staff, or both, characterised by reference to one or more of the following characteristics— (A) disability, 40 (B) race, colour, nationality, or ethnic or national origins, (C) religion, 7 Police (Ethics, Conduct and Scrutiny) (Scotland) Bill (D) sex, (E) sexual orientation, (F) transgender identity, (viii) such other persons as the chief constable considers appropriate, 5 and (b) consider any representations made. (2) The chief constable— (a) may review the vetting code of practice from time to time, (b) must review it at least once during each 5 year period beginning with 10 the day on which the code, a revised code or a statement under paragraph 1 (c)(ii) is laid, and (c) following such a review, must— (i) revise the vetting code of practice, or (ii) lay a statement before the Scottish Parliament that, having 15 undertaken a review, the chief constable has concluded that there is no need to revise it. (3) Section 36C(2) to (9) and subsections (1) and (2) apply to a revised vetting code of practice as they apply to the vetting code of practice prepared under section 36C(1).”. 20 3B Procedures for vetting (1) The 2012 Act is amended as follows. (2) After section 50, insert— “50A Ongoing vetting (1) Regulations made under section 48 must provide for— 25 (a) constables to undergo vetting— (i) periodically, and (ii) if a reason to do so arises, (b) circumstances in which a constable who has undergone vetting is to be— 30 (i) demoted, (ii) dismissed (with or without notice). (2) Such regulations may make provision for— (a) circumstances other than those mentioned in subsection (1)(a) in which constables must undergo vetting, 35 (b) the process to be followed in the carrying out of vetting, (c) a minimum frequency for vetting of individual constables, (d) vetting to be carried out by a person holding such office, rank or role as is specified in the regulations, 8 Police (Ethics, Conduct and Scrutiny) (Scotland) Bill 1 (e) a duty for constables to disclose such changes in their personal circumstances as are specified in the regulations, (f) a duty for constables to co-operate with any vetting they undergo, (g) circumstances in which a constable who has undergone vetting is to 5 be— (i) required to comply with conditions (including as to the constable's personal circumstances), (ii) redeployed, (h) appeals against determinations mentioned in subsection (1)(b) and 10 paragraph (g), 1 (i) circumstances in which constables may, pending the completion of vetting or an appeal, be— (i) required to comply with conditions (including as to the person's personal circumstances), 15 (ii) suspended from duty, (iii) redeployed, (j) the steps to be taken if a matter which is or may be the subject of a person’s vetting is or may be the subject of — (i) criminal proceedings, 20 (ii) proceedings for dealing with a constable whose standard of behaviour or performance is unsatisfactory brought under procedures set out in regulations made under section 48. (3) In this section, “vetting” is an assessment as to a constable’s suitability, having regard, insofar as they relate to the ethical standards and behaviour expected 25 of constables, to the constable’s character and personal circumstances, to hold the office of constable or a particular rank or role.”.
Questions and Answers
Date answered:
2 October 2017
S5W-11465
To ask the Scottish Government what steps it is taking to ensure that Dundee and the surrounding areas benefit from the V&A Museum of Design. The Scottish Government is the major funder of the V&A Museum of Design Dundee along with the Heritage Lottery Fund, Dundee City Council, the private sector and Creative Scot...
Questions and Answers
Date answered:
20 December 2023
S6W-23065
To ask the Scottish Government, in light of its policy of "working closely with the football authorities and clubs…to address unacceptable conduct by spectators", what its position is on whether the booing that was heard during the minute's silence at the Celtic v Aberdeen match held on 12 November 2023 was "unacceptable conduct", and what discussions it h...
Questions and Answers
Date answered:
20 October 2023
S6W-21818
To ask the Scottish Government by what margin the pass threshold for each of the grades A to C at (a) National 5, (b) Higher and (c) Advanced Higher has been adjusted in each of the last 10 years in (i) English, (ii) Maths, (iii) Chemistry, (iv) History, (v) PE, (vi) Modern Studies, (vii) Physics, (viii) Business Management, (ix) Biology, (x) Geography, (x...
Questions and Answers
Date answered:
27 April 2023
S6W-16642
To ask the Scottish Government what information it holds on how many GPs work, on average, (a) between (i) 40 and 50, (ii) 50 and 60, (iii) 60 and 70, (iv) 70 and 80, (v) 80 and 90, (vi) 90 and 100 and (vii) 100 and 110, and (b) over 110 hours, per week, and what the highest figure reported in the General Practice Workforce Survey 2022 was.
Questions and Answers
Date answered:
24 January 2023
S6W-13509
To ask the Scottish Government what work it has done in collaboration with (a) NHS staff and (b) external partners to develop race-specific staff equality training, and whether this covers (i) identifying structural racism, (ii) the impact racism has on mental and physical health, (iii) racialised health inequalities, (iv) intersectional racism, and (v) re...
Last updated:
19 January 2022
Advisor Briefings
It will be good practice to keep records demonstrating 16 consideration of the duty – warts and all. 16 R (Brown v Secretary of State for Work and Pensions [2008] EWHC 3158; R (Bracking) v Secretary of State for Work and Pensions [2013] EWCA Civ 1345.
Questions and Answers
Date answered:
9 June 2025
S6W-37872
To ask the Scottish Parliamentary Corporate Body, in light of article 8 of the Human Rights Act 1998, how it will ensure that the human right to respect for private life is protected in the implementation of any measures that it is taking as result of the Supreme Court ruling in For Women Scotland Ltd v The Scottish Ministers. As the national Parliament, t...
