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The Police and Fire Reform (Scotland) Act 2012 (Supplementary, Transitional, Transitory and Saving Provisions) Order 2013

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Transitional: complaints handling

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16.—(1) Paragraph (2) applies to any complaint made, given or sent to the appropriate authority in relation to the complaint on or after 1st April 2013—

(a)in relation to an act or omission before that date of—

(i)a police authority;

(ii)a joint police board;

(iii)a police force;

(iv)a constable of a police force;

(v)an individual employed or appointed by virtue of section 9 of the 1967 Act;

(vi)a member of staff of the Scottish Police Services Authority; or

(vii)a member of the Scottish Crime and Drug Enforcement Agency; and

(b)which would, if made in relation to an act or omission of the Authority, the Police Service or a person serving with the police (within the meaning given by section 34(7) of the 2006 Act), be a relevant complaint within the meaning given by Chapter 2 of Part 1 of that Act.

(2) A complaint to which this paragraph applies is to be treated, on and after 1st April 2013, as if it were a “relevant complaint” for the purposes of—

(a)Chapter 2 of Part 1 of the 2006 Act; and

(b)Chapter 10 of Part 1 of the 2012 Act.

(3) Paragraph (4) applies to any complaint given or sent before 1st April 2013 which was a “relevant complaint” within the meaning given by Chapter 2 of Part 1 of the 2006 Act as it had effect immediately before that date.

(4) A complaint to which this paragraph applies is to be treated, on and after 1st April 2013, as if it were a “relevant complaint” for the purposes of—

(a)Chapter 2 of Part 1 of the 2006 Act; and

(b)Chapter 10 of Part 1 of the 2012 Act.

(5) For the purposes of Chapter 2 of Part 1 of the 2006 Act and this article, the appropriate authority in relation to a complaint to which paragraphs (2) and (4) apply is—

(a)the Authority where the complaint relates to an act or omission of—

(i)a person mentioned in paragraph (1)(a)(i), (ii) or (vi);

(ii)an individual who, when the act or omission occurred, was a constable of a police force of a rank above chief superintendent; or

(iii)an individual who, when the act or omission occurred, was the Director General of the Scottish Crime and Drug Enforcement Agency; and

(b)the chief constable where the complaint relates to an act or omission of—

(i)a body mentioned in paragraph (1)(a)(iii);

(ii)an individual who, when the act or omission occurred, was a constable of a police force of a rank of or below chief superintendent;

(iii)an individual mentioned in paragraph (1)(a)(v); or

(iv)an individual who, when the act or omission occurred, was a member of the Scottish Crime and Drug Enforcement Agency other than the Director General.

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