Police and Fire Reform (Scotland) Act 2012

66 Investigations: procedure etc.

After section 41C of the 2006 Act (inserted by section 65), insert—

“41D Investigations: procedure etc.

(1) The Scottish Ministers may by regulations make such provision about investigations by the Commissioner in pursuance of paragraph (c) or (d) of section 33A as they consider appropriate.

(2) Regulations may, in particular, make provision—

(a) requiring the chief constable or the Authority to refer matters to the Commissioner;

(b) about circumstances in which the Commissioner—

(i) must, must not or need not carry out an investigation; or

(ii) may discontinue an investigation;

(c) about the form and procedure of an investigation;

(d) imposing restrictions on the extent of any investigation;

(e) setting time limits within which matters must be investigated;

(f) requiring the chief constable, the Authority or other persons to assist and co-operate with the Commissioner when carrying out an investigation (by providing evidence, attending hearings or otherwise);

(g) for the delegation of functions to the Commissioner.

(3) Before making regulations under this section, the Scottish Ministers must consult—

(a) the Commissioner;

(b) the Authority;

(c) the chief constable;

(d) such persons as appear to them to be representatives of senior officers;

(e) such persons as appear to them to be representatives of superintendents (including chief superintendents);

(f) the joint central committee of the Police Federation for Scotland; and

(g) such other persons as they think appropriate.”.