Point in time view as at 01/04/2013.
Police, Public Order and Criminal Justice (Scotland) Act 2006, Section 46A is up to date with all changes known to be in force on or before 11 August 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
(1)For the purposes of the law of defamation—
(a)any statement made by the Commissioner or any of the Commissioner's staff—
(i)in carrying out a complaint handling review or in carrying out an investigation in pursuance of paragraph (b), (c) or (d) of section 33A;
(ii)in communicating with any person for the purposes of such a review or investigation;
(iii)in a report on such a review or investigation; or
(iv)in a report made under section 43,
has absolute privilege;
(b)any statement made to the Commissioner or any of the Commissioner's staff in relation to an investigation carried out in pursuance of paragraph (b), (c) or (d) of section 33A has absolute privilege; and
(c)any statement made to the Commissioner or any of the Commissioner's staff in relation to a relevant complaint or a complaint handling review is privileged unless the statement is shown to have been made with malice.
(2) In subsection (1), “ statement ” has the same meaning as in the Defamation Act 1996 (c.31). ]
Textual Amendments
F1S. 46A inserted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), ss. 70, 129(2) (with s. 100); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121, arts. 1(1), 11)
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.
