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

Section 3: Costs, impacts and benefits

Quantified costs to businesses

The regulations will transfer the existing into the Scottish Tribunals structure. As the PAT hears appeals made by police constables against conduct and performance decisions there is not an appeal route that directly impacts businesses.

The primary costs associated with the set of transfer regulations are expected to be from SCTS. There are costs for IT management, case management systems, website updates and general administrative costs. SCTS estimate a £6,000 figure for set-up costs. This estimate is based on similar sized appeal functions utilising the Tribunals Case Management system and IT changes required to support the appeals.

There will be annual running costs which will be dependent on the number of appeals made. The Scottish Police Authority, who currently provide administrative support for the PAT, estimate that the average cost of an appeal is £5,170. This estimate is based on recent appeals and assumes a hearing lasting one day, with external venue hire and administrative support. It also includes the daily fees paid to the tribunal members. The PAT in its current format was established on 1 April 2013. In 12 full financial years from 13/14 there were a total of 22 appeals. As of August 2025 there has been one appeal in year 2025/26.

Other impacts

It is not considered that the regulations will have any other impact on businesses. This is because they relate to the administrative transfer of the functions of the existing PAT into the Scottish Tribunals.

Scottish firms’ international competitiveness

As these regulations affect the operation of the current PAT, they are not considered to have any effect on Scottish firms’ international competitiveness

Benefits to business

The set of transfer regulations do not affect businesses as they transfer existing appeal rights to the Scottish Tribunals structure. There are no additional processes put in place that affect businesses.

Small business impacts

The set of regulations are administrative and procedural in nature, providing for the transfer of the PAT into the Scottish Tribunals structure. There are thought to be no impacts on small businesses as the appeal route is regarding conduct or performance decisions affecting police constables. There are no other known or potential impact of this policy on other small businesses.

Investment

The proposals have no impact on investment. The set of regulations are administrative and procedural in nature, providing for the transfer of the PAT into the Scottish Tribunals structure. Therefore no impact on investment is envisaged.

Workforce and Fair Work

The proposals maintain the existing right of appeal for police constables who wish to appeal against conduct or performance decisions to dismiss or demote them in rank. An appeals process for police constables is required to ensure a fair determination of any appeal should an appellant be dissatisfied with the original decision. As the transfer is administrative in nature it will have no impact on Fair Work First principles.

Climate change/ Circular Economy

It is not considered that these proposals and regulations will have any impact on climate change or the circular economy.

Competition Assessment

Having considered the Competition and Markets Authority’s five competition assessment questions, which are below, we can confirm that there should be no competitive advantage to any individual or group due to the introduction of these regulations.

Will the measure directly or indirectly limit the number or range of suppliers? No.

Will the measure limit the ability of suppliers to compete? No.

Will the measure limit suppliers’ incentives to compete? No.

Will the measure affect consumers’ ability to engage with the market and make choices that align with their preferences? No.

Will the measure affect suppliers’ ability and/or incentive to introduce new technologies, products or business models? No.

Consumer Duty

The regulations to transfer the PAT are not expected to have any impact on consumers.

Both the First-tier Tribunal and the Upper Tribunal have the ability to hold hearings throughout Scotland and the ability to hold hearings virtually. Both Tribunals will take all circumstances into account when deciding on an appropriate venue for the parties to the appeal. Appeals made to the First-tier Tribunal, or to the Upper Tribunal, will not attract a civil court fee.

The existing PAT has a power to award expenses to another party and the procedure rules envisage maintaining this. The First-tier and Upper Tribunals will have the power to make an award of expenses against a party when it considers a party has acted unreasonably or caused another party to incur expenses that it would be unreasonable to expect that party to pay.