[F140A[F2Arrangements for handling relevant complaints and investigation of whistleblowing complaints]S
(1)The Commissioner must—
(a)keep under review all arrangements maintained by
[F3(i)]the Commissioner, the Authority and the chief constable for the handling of relevant complaints;
[F4(ii)the Authority and the chief constable for the investigation of information provided in a whistleblowing complaint;] and
(b)seek to secure that those arrangements—
(i)are efficient and effective;
(ii)contain and manifest an appropriate degree of independence; and
(iii)are adhered to.
[F5(1A)In subsection (1)(a)(ii), “whistleblowing complaint” means a protected disclosure within the meaning of section 43A of the Employment Rights Act 1996 made to the Authority or, as the case may be, the chief constable.]
(2)The Commissioner may make such recommendations, or give such advice, for the modification of—
(a)the arrangements mentioned in subsection (1); or
(b)the practice of the Authority or the chief constable in relation to other matters,
as appear from the carrying out of the Commissioner's other functions to be necessary or desirable.”.]
Textual Amendments
F1S. 40A inserted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 33(5); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121, arts. 1(1), 11)
F2S. 40A heading substituted (25.6.2025) by Police (Ethics, Conduct and Scrutiny) (Scotland) Act 2025 (asp 5), ss. 16(2), 22(2); S.S.I. 2025/175, reg. 2(l)
F3Words in s. 40A(1)(a) renumbered as s. 40A(1)(a)(i) (25.6.2025) by Police (Ethics, Conduct and Scrutiny) (Scotland) Act 2025 (asp 5), ss. 16(1)(a)(i), 22(2); S.S.I. 2025/175, reg. 2(l)
F4S. 40A(1)(a)(ii) inserted (25.6.2025) by Police (Ethics, Conduct and Scrutiny) (Scotland) Act 2025 (asp 5), ss. 16(1)(a)(ii), 22(2); S.S.I. 2025/175, reg. 2(l)
F5S. 40A(1A) inserted (25.6.2025) by Police (Ethics, Conduct and Scrutiny) (Scotland) Act 2025 (asp 5), ss. 16(1)(b), 22(2); S.S.I. 2025/175, reg. 2(l)