41DInvestigations: procedure etc.

1

The Scottish Ministers may by regulations make such provision about investigations by the Commissioner in pursuance of paragraph (c) or (d) of section 33A as they consider appropriate.

2

Regulations may, in particular, make provision—

a

requiring the chief constable or the Authority to refer matters to the Commissioner;

b

about circumstances in which the Commissioner—

i

must, must not or need not carry out an investigation; or

ii

may discontinue an investigation;

c

about the form and procedure of an investigation;

d

imposing restrictions on the extent of any investigation;

e

setting time limits within which matters must be investigated;

f

requiring the chief constable, the Authority or other persons to assist and co-operate with the Commissioner when carrying out an investigation (by providing evidence, attending hearings or otherwise);

g

for the delegation of functions to the Commissioner.

3

Before making regulations under this section, the Scottish Ministers must consult—

a

the Commissioner;

b

the Authority;

c

the chief constable;

d

such persons as appear to them to be representatives of senior officers;

e

such persons as appear to them to be representatives of superintendents (including chief superintendents);

f

the joint central committee of the Police Federation for Scotland; and

g

such other persons as they think appropriate.