Public Services Reform (Scotland) Act 2010

Transfer of undetermined complaints

8 (1) This paragraph applies in relation to any complaint (“an undetermined complaint”)—

(a) made or referred to the Convener under section 6A of the Water Industry (Scotland) Act 2002,

(b) which has not been determined by the Convener before the date on which section 3(1) comes into force, and

(c) which cannot otherwise be determined (but for sub-paragraph (2)) by the Scottish Public Services Ombudsman (“the Ombudsman”) under the Scottish Public Services Ombudsman Act 2002.

(2) For the purpose of enabling an undetermined complaint to continue to be dealt with, section 6A of the Water Industry (Scotland) Act 2002 continues in force despite its repeal and has effect as it had effect immediately before its repeal but—

(a) as if any reference in it to the Convener were a reference to the Ombudsman, and

(b) subject to such further modifications (if any) as may be made by virtue of section 132.

(3) For the purposes of this paragraph a complaint is determined by the Convener if the Convener—

(a) has decided to conduct an investigation in relation to the complaint and that investigation is concluded, or

(b) has decided not to investigate in relation to the complaint.

(4) Nothing in this paragraph affects the validity of anything done (or having effect as if done) by or in relation to an undetermined complaint by the Convener under the Water Industry (Scotland) Act 2002 before the repeal of section 6A of that Act by this Act.

(5) Anything (including legal proceedings) which, at that time, is in the process of being done by or in relation to the Convener may, so far as it relates to an undetermined complaint, be continued by or in relation to the Ombudsman.

(6) Anything done (or having effect as if done) by or in relation to the Convener in relation to an undetermined complaint has effect as if done by or in relation to the Ombudsman in so far as that is required for continuing its effect on or after that time.