Part 1SPolice

Chapter 2SComplaints and misconduct

Modifications etc. (not altering text)

Supervision of complaintsS

34[F1Meaning of “relevant complaint”]S

(1)In this Chapter, “relevant complaint” means a complaint which is [F2made,] given or sent by any of the persons mentioned in subsection (6) to the appropriate authority in relation to the complaint.

(2)In subsection (1), “complaint” means a [F3statement (whether oral, written or electronic)] expressing dissatisfaction about an act or omission—

[F4(a)by the Authority;

(b)by the Police Service; or]

(f)by a person who, at the time of the act or omission, was a person serving with the police.

[F5(2A)A “complaint” may relate to—

(a)any action taken, or failed to be taken, by or on behalf of the subject of the complaint;

(b)the standard of any service which the subject of the complaint has provided or failed to provide.]

(3) But “ complaint ” does not include—

(a)any statement made by a person serving with, or who has served with, the police, about the terms and conditions of that person's service with the police; or

[F6(aa)any statement made by a person serving with the police about an act or omission mentioned in subsection (3A);]

(b)a statement which consists of or includes an allegation of an act or omission which constitutes a crime.

[F7(3A)An act or omission referred to in subsection (3)(aa) is one which—

(a)took place in relation to, or adversely affected, the person in the person’s capacity as a person serving with the police, or

(b)was witnessed by the person (whether or not in that capacity).]

(4)An act or omission need not be one occurring in the course of a person's duty, employment or appointment (as the case may be) in order to fall within subsection (2)(f).

(5)A complaint need not identify a person serving with the police who is the subject of the complaint in order to fall within subsection (2)(f).

(6)The persons referred to in subsection (1) are—

(a)a [F8person] who claims to be the person in relation to whom the act or omission took place;

(b)a [F8person] not falling within paragraph (a) who claims to have been adversely affected by the act or omission;

(c)a [F8person] who claims to have witnessed the act or omission;

(d)a person acting on behalf of a person falling within any of paragraphs (a) to (c).

F9( 7 ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 Word in s. 34(1) inserted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 33(2)(a); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121, arts. 1(1), 11)

F3 Words in s. 34(2) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 33(2)(b)(i); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121, arts. 1(1), 11)

F4 S. 34(2)(a)(b) substituted for s. 34(2)(a)-(e) (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 33(2)(b)(ii); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121, arts. 1(1), 11)

F5 S. 34(2A) inserted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 33(2)(c); S.S.I. 2013/51 , art. 2 (with transitional provisions and savings in S.S.I. 2013/121, arts. 1(1), 11)

F9 S. 34(7) repealed (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 8 Pt. 1; S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121, arts. 1(1), 11)