Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10)

Part 1 S Police

Chapter 2 S Complaints and misconduct

Modifications etc. (not altering text)

C1 Pt. 1 Ch. 2 modified (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Supplementary, Transitional, Transitory and Saving Provisions) Order 2013 (S.S.I. 2013/121), arts. 1(1), 16

Other functions S

43 Reports to the Scottish Ministers S

(1) As soon as practicable after the end of each financial year, the Commissioner must make a report to the Scottish Ministers on the carrying out of the Commissioner's functions during that year.

(2) The Commissioner must also make such reports to the Scottish Ministers about matters relating generally to the carrying out of the Commissioner's functions as they may, from time to time, require.

(3) The Commissioner may, from time to time, make such other reports to the Scottish Ministers as the Commissioner considers appropriate for drawing their attention to matters which—

(a) have come to the Commissioner's notice; and

(b) are matters which the Commissioner considers should be drawn to their attention by reason of their gravity or of other exceptional circumstances.

(4) The Commissioner must prepare such reports containing advice and recommendations as the Commissioner considers appropriate for the purpose of carrying out the function under section [F1 40A(2)].

(5) The Scottish Ministers must lay before the Parliament and arrange publication of—

(a) every annual report under subsection (1) received by them; and

(b) every other report under this section received by them (but only if and to the extent that the Scottish Ministers consider it appropriate to do so).

(6) The Commissioner must—

(a) send copies of every annual report under subsection (1) to [F2 the Authority, the chief constable and the inspectors of constabulary appointed under section 71 of the Police and Fire Reform (Scotland) Act 2012 (asp 8) ];

(b) send copies of every report under subsection (4) to [F3 the Authority, the chief constable and] the Scottish Ministers.

(7) The Commissioner may send a copy of any report made under this section to any person the Commissioner thinks fit.

[F4 (8) Nothing in this section requires or authorises the Commissioner to report on the carrying out of a particular investigation carried out on the direction of the appropriate prosecutor in pursuance of paragraph (b) of section 33A.]

Textual Amendments

F1 Word in s. 43(4) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 33(7)(a); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F2 Words in s. 43(6)(a) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 33(7)(b)(i); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F3 Words in s. 43(6)(b) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 33(7)(b)(ii); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F4 S. 43(8) inserted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 33(7)(c); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)