Police (Ethics, Conduct and Scrutiny) (Scotland) Act 2025

Prospective

15 Call-in of relevant complaints S

(1) The 2006 Act is amended as follows.

(2) In section 35 (examination of manner of handling complaint)—

(a) after subsection (2), insert—

“(2A) This section does not apply in relation to a complaint which is being, or has been, considered by the Commissioner under section 40ZA(1).”,

(b) in subsection (7)—

(i) the words from “give a direction” to the end become paragraph (a),

(ii) after that paragraph, insert “; or

(b) if satisfied that it is in the public interest for the Commissioner to do so, determine that the complaint is to be reconsidered by the Commissioner (see section 40ZA).”.

(3) After section 40, insert—

“40ZA Power of Commissioner to consider complaints

(1) The Commissioner may consider a relevant complaint if—

(a) the Commissioner determines under section 35(7)(b) (examination of manner of handling complaint) that the complaint is to be reconsidered by the Commissioner,

(b) the appropriate authority in relation to the complaint requests the Commissioner to consider the complaint, or

(c) the Commissioner—

(i) has reasonable grounds to believe that the complaint has not been, or is not being, considered properly by the appropriate authority, and

(ii) is satisfied that it is in the public interest for the Commissioner to consider the complaint.

(2) For the purposes of subsection (1)(c), a complaint is not considered properly by the appropriate authority if the arrangements for handling relevant complaints maintained by the authority are not adhered to by the authority in its consideration of the complaint.

(3) A complaint may be considered by the Commissioner under subsection (1)(b) or (c) whether or not—

(a) the appropriate authority has completed its consideration of the complaint,

(b) the Commissioner has—

(i) discontinued, or not proceeded with, a complaint handling review in relation to the complaint under section 36(1), or

(ii) ordered the discontinuance of a reconsideration of the complaint under section 39(1).

(4) The Commissioner may consider a complaint under subsection (1)(c)—

(a) at the request of the complainer, or

(b) of the Commissioner’s own volition.

(5) The Commissioner must consult the appropriate authority before deciding to consider a complaint under subsection (1)(c).

(6) Where the complainer makes a request as mentioned in subsection (4)(a), the Commissioner may, instead of deciding to consider the complaint under subsection (1)(c), treat the request as if it were a request mentioned in section 35(1)(a).

(7) Nothing in this section affects the ability of the complainer or the appropriate authority to make a request in relation to a complaint under section 35(1).

(8) In this section and section 40ZB, in relation to a complaint, “the complainer” means the person who made the complaint.

40ZB Report following Commissioner’s consideration of complaint

(1) On completion of the Commissioner’s consideration of the complaint, the Commissioner must—

(a) inform the persons mentioned in subsection (2) about—

(i) the conclusions the Commissioner has drawn from that consideration and the reasons for them,

(ii) what action (if any) the Commissioner proposes to take in consequence of those conclusions,

(iii) any recommendations in relation to the complaint that the Commissioner proposes to make to the appropriate authority as a result of the Commissioner’s consideration of it,

(b) draw up a report of the consideration of the complaint and the conclusions, reasons, proposed action and recommendations referred to in paragraph (a) and send it to the appropriate authority, and

(c) if the Commissioner considers it appropriate to do so, publish the report drawn up under paragraph (b) in such manner as the Commissioner considers appropriate.

(2) Those persons are—

(a) the complainer, and

(b) where the complaint is in respect of an act or omission by a person mentioned in section 34(2)(f) and identifies the person who is the subject of it, that person.

(3) Where the report includes recommendations in relation to the complaint, the appropriate authority must, within such period as is specified in the report, give the Commissioner a response in writing setting out—

(a) details of what the authority has done, or proposes to do, in response to the recommendation, or

(b) if the authority has not done, and does not intend to do, anything in response to the recommendation, the reasons for that.

(4) The Commissioner must, as soon as reasonably practicable after receiving the response, publish it in such manner as the Commissioner considers appropriate.

(5) But the Commissioner—

(a) must withhold from publication any information in the response which would identify an individual (other than the chief constable),

(b) may withhold the whole or part of the response from publication if the Commissioner considers that it is in the public interest to do so.

(6) Section 35(5), and any regulations made under that section, apply in relation to the duties imposed by subsection (1)(a) as they apply in relation to the duties imposed by section 35(3)(a).”.

(4) In section 36 (duty of Commissioner not to proceed with certain complaint handling reviews), in subsection (4)(d), after “(c)” insert “and section 40ZA(1)”.

(5) In section 39 (power of Commissioner to discontinue reconsideration), in subsection (3)(e), after “(d)” insert “and section 40ZA(1)”.

(6) In section 41 (appropriate authority in relation to a complaint), in subsection (1), for “40” substitute “40ZB”.

(7) In section 46A (protection from actions for defamation), in subsection (1)(a)—

(a) in sub-paragraph (i), after “handling review” insert “, in considering a complaint under section 40ZA”,

(b) in sub-paragraph (ii), after “review” insert “, consideration”,

(c) in sub-paragraph (iii), after “review” insert “, consideration”.

Commencement Information

I1 S. 15 not in force at Royal Assent, see s. 22(2)