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Police, Public Order and Criminal Justice (Scotland) Act 2006

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This is the original version (as it was originally enacted).

41Appropriate authority in relation to a complaint
This section has no associated Explanatory Notes

(1)For the purposes of sections 34 to 40, the appropriate authority in relation to a complaint is—

(a)where the complaint is in respect of an act or omission of a police authority, the authority;

(b)where the complaint is in respect of an act or omission of a joint police board, the board;

(c)where the complaint is in respect of an act or omission of a police force, the chief constable of the force;

(d)where the complaint is in respect of an act or omission of the Authority, the Authority;

(e)where the complaint is in respect of an act or omission of the Agency, the Director General of the Agency;

(f)where the complaint is in respect of an act or omission of a person at a time when the person was a constable of a police force—

(i)where the person was of a senior rank, the maintaining authority in relation to the force;

(ii)where the person was not of such rank, the chief constable of the force;

(g)where the complaint is in respect of an act or omission of a person at a time when the person was employed or appointed by virtue of section 9 of the 1967 Act by a police authority or a joint police board, the authority or board;

(h)where the complaint is in respect of an act or omission of a person at a time when the person was a member of staff of the Authority, the Authority;

(i)where the complaint is in respect of an act or omission of a person at a time when the person was the Director General of the Agency, the Authority;

(j)where the complaint is in respect of an act or omission of a person at a time when the person was the Deputy Director General, a police member or a support staff member of the Agency, the Director General of the Agency.

(2)The reference in subsection (1)(f) to a constable of a police force does not include a constable who is seconded to the Authority under paragraph 10(2) of schedule 1.

(3)In subsection (1)(f)(i), “senior rank” means a rank above chief superintendent.

(4)For the purpose of subsection (1)(f)(i), the maintaining authority in relation to a police force is—

(a)where the force is for an area which is not combined by virtue of an amalgamation scheme under the 1967 Act, the police authority for that area;

(b)where the force is for an area consisting of police areas combined by virtue of such a scheme, the joint police board constituted under the scheme.

(5)Despite paragraphs 7(3)(b) and (5)(a) and 8(3) of schedule 2, the reference in subsection (1)(h) to a member of staff of the Authority does not include a police member of the Agency or a support staff member of the Agency.

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