Police Appeals Tribunal transfer to Scottish Tribunals structure regulations: final business and regulatory impact assessment

Executive summary

This BRIA considers the impact of the transfer of the Police Appeals Tribunal into the Scottish Tribunals structure.

This document is written subject to the best available information at the time, based on evidence gathered from engagement with relevant stakeholders.

The BRIA is structured into the following sections:

Section 1: provides a background to the Tribunals (Scotland) Act 2014 (“the 2014 Act”) and the following suite of regulations:

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

The First-tier Tribunal for Scotland General Regulatory Chamber (Police Appeals) (Procedure) Regulations 2025; and

The First-tier Tribunal for Scotland General Regulatory Chamber Police Appeals and Upper Tribunal for Scotland (Composition) Regulations 2025

Section 2: provides details of the engagement undertaken within government, with the public and relevant stakeholders which has informed this BRIA. This BRIA takes account of feedback received to our public consultation regarding these regulations.

Section 3: provides details of any financial impact and benefits to industry.

Section 4: highlights there are no regulatory impacts and that the regulations do not conflict with the Scottish Government’s policy on EU alignment.

Section 5: recommends proceeding with the transfer and related regulations.

Section 6: contains the declaration and publication statement.

The proposed transfer is due to come into force on 29 December 2025 and will assist in ensuring greater coherence across the Scottish Tribunals landscape. The members and functions of the existing tribunal will be transferred. Provision will also be made for updated procedure rules and a set of composition regulations, which will outline the composition of both the First-tier and Upper Tribunal when hearing police appeal cases.

Issue and why it needs to be addressed

In line with the aims of the Tribunals (Scotland) Act 2014 Act (“the 2014 Act”), it is proposed that the functions and members existing Police Appeals Tribunal (“PAT”) be transferred to the Scottish Tribunals structure.

The existing PAT hears appeals against decisions made by the Chief Constable of Police Scotland (or, in the case of senior officers, the Scottish Police Authority) to dismiss or demote a constable in rank due to either performance or misconduct issues. The PAT can either uphold the decision to dismiss or demote a constable or have the constable reinstated to their previous role or rank.

The transfer proposal is administrative in nature. Post-transfer, appeals will be heard at first instance in the General Regulatory Chamber of the First-tier Tribunal, with a further right of appeal to the Upper Tribunal for Scotland in certain circumstances.

Intended outcomes

The proposed transfer is primarily administrative in nature, as it is proposed to transfer the existing PAT into the Scottish Tribunals structure. The 2014 Act aims to create a Scottish Tribunals structure that reduces overlap, eliminates duplication, ensures better deployment, and allows for the wider sharing of available resources. A unified structure also promotes consistent training and conformity of practice across Scotland, eliminating different practices in different locations. The transfer of the PAT will help achieve these goals.