PART 5 PROVISIONS COMMON TO COMMISSION AND COUNCIL

Complaints, inquiries and maladministration

64 Complaints procedure

1

F5The Council shall establish a procedure by which a person, or someone acting on a person’s behalf, may make complaints (or other representations) in relation to the exercise by the F6Council of, or failure by it to exercise, any of its functions under this Act in respect of the person.

2

Before establishing a procedure under subsection (1) above, the F7Council shall consult the Scottish F2Public Services Ombudsman on its proposals for such a procedure F3....

3

The F8Council shall keep the procedure so established by it under review and shall vary that procedure whenever, F4after such consultation, it considers it appropriate to do so.

4

The F9Council shall give such publicity to that procedure (including that procedure as varied under subsection (3) above) as it considers appropriate and shall give a copy of the procedure to any person who requests it.

65 Inquiries

1

The Scottish Ministers may cause an inquiry to be held into any matter connected with—

a

the exercise F10... by the Council of its functions; F11or

F11b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F122

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

The Council may cause an inquiry to be held into any matter connected with the exercise of its functions.

4

Before there is commenced an inquiry—

a

under subsection (1) above, the Scottish Ministers;

F13b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

c

under subsection (3) above, the Council,

may direct that it be held in private; but where no such direction has been given the person holding the inquiry may if that person thinks fit hold it, or any part of it, in private.

5

Subsections (2) to (8) of section 210 of the Local Government (Scotland) Act 1973 (c.65) (provisions relating to local inquiries) shall apply in relation to an inquiry under subsection (1) above as they apply in relation to a local inquiry under that section.

6

Subsections (2) to (6) of that section shall apply in relation to an inquiry under subsection F14... (3) above as they apply in relation to such a local inquiry; except that, for the purposes of an inquiry under—

F15a

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

b

subsection (3) above, any such reference in those subsections shall be construed as a reference to the Council or, as the case may be, to an officer of the Council.

7

The expenses incurred F16... by the Council in relation to an inquiry under subsection F17(3) above (including such reasonable sum as the F18Council may determine for the services of any of its officers engaged in the inquiry) shall, unless F19the Council is of the opinion that those expenses should be defrayed in whole or in part by it, be paid by such party to the inquiry as it may direct; and the F20Council may certify the amount of the expenses so incurred.

8

Any sum certified under subsection (7) above and to be defrayed in accordance with a direction under that subsection shall be a debt due by the party directed and shall be recoverable accordingly.

9

In relation to an inquiry under—

F21a

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

b

subsection (3) above, the Council,

may make an award as to the expenses of the parties and as to the parties by whom such expenses shall be paid.

F166. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .