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

Schedule 4: the Police Complaints Commissioner for Scotland

259.Paragraph 1 outlines the status of Commissioner, confirming that the Commissioner is not a servant or agent of the Crown and does not therefore have the status, immunities or privileges of such.

260.Paragraph 2 provides for cases in which someone would be disqualified from holding the post of Commissioner. This would include someone who was an MP, MSP, MEP or member of the House of Lords, current and former police officers and police staff and employees of the Serious Organised Crime Agency and its predecessors.

261.Paragraphs 2 to 5 lay out the terms and conditions of appointment for the position of Commissioner, the reasons for which a Commissioner can be removed from office, and arrangements regarding the salary, allowances and pensions.

262.Paragraph 6 allows the Scottish Ministers to appoint an acting Commissioner to carry out the functions of the Commissioner should the position fall vacant. The paragraph also sets out why someone might be disqualified from being appointed acting Commissioner and details regarding the terms and conditions of such an appointment.

263.Paragraph 7 allows the Commissioner to appoint staff and set the terms and conditions for those staff, including the making of pension contributions. The Commissioner can also make arrangements for the payment of pensions, etc. to anyone who ceases to be a member of staff, including as compensation for loss of employment.

264.Paragraph 8 allows the Commissioner to do anything which appears necessary in order to carry out the Commissioner’s functions. This includes entering into contracts.

265.Paragraphs 9 and 10 allow the Scottish Ministers to pay the salary and allowances of the Commissioner (or an acting Commissioner) and any other sums that they consider necessary to allow the Commissioner to carry out his or her functions. Duties are placed on the Commissioner who must keep proper records, prepare annual accounts and send a copy of those accounts to the Auditor General for Scotland for auditing.

266.Paragraph 11 places a duty on the Commissioner to provide the Scottish Ministers with any information and documents they consider necessary to satisfy themselves that the functions of the Commissioner are being carried out efficiently and effectively.

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Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.


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