Explanatory Notes

Public Services Reform (Scotland) Act 2010

2010 asp 8

28 April 2010

The Act

Part 8 – Scrutiny and Complaints

Complaints handling procedures

Section 119 - Complaint handling procedures
Section 16F - Complaint handling procedures: application of other enactments

322.This section provides that the duties in sections 16A(2) and (3) and 16C(2) do not apply to the extent that the relevant listed authority lacks the necessary powers to ensure compliance with the duties, for example, where another body is responsible for determining or approving the procedures to be followed. In addition, the duties in sections 16A(2) and (3) and 16C(2) do not apply to the extent that they are inconsistent with any other enactment. The latter applies to the extent, for example, that another piece of legislation expressly provides on the face of that legislation that the relevant procedures of a listed authority must apply in a way, or contain provision, that is inconsistent with these duties.