Part V Miscellaneous and general

Miscellaneous

91 Maladministration.

1

The Parliament shall make provision for the investigation of relevant complaints made to its members in respect of any action taken by or on behalf of—

a

a member of the F1Scottish Government in the exercise of functions conferred on the Scottish Ministers, or

b

any other office-holder in the Scottish Administration.

2

For the purposes of subsection (1), a complaint is a relevant complaint if it is a complaint of a kind which could be investigated under the M1Parliamentary Commissioner Act 1967 if it were made to a member of the House of Commons in respect of a government department or other authority to which that Act applies.

3

The Parliament may make provision for the investigation of complaints in respect of—

a

any action taken by or on behalf of an office-holder in the Scottish Administration,

b

any action taken by or on behalf of the Parliamentary corporation,

c

any action taken by or on behalf of a Scottish public authority with mixed functions or no reserved functions, or

C1C2d

any action concerning Scotland and not relating to reserved matters which is taken by or on behalf of a cross-border public authority.

4

In making provision of the kind required by subsection (1), the Parliament shall have regard (among other things) to the Act of 1967.

5

Sections 53 and 117 to 121 shall not apply in relation to functions conferred by or under the Act of 1967.

6

In this section—

  • “action” includes failure to act (and related expressions shall be read accordingly),

  • “provision” means provision by an Act of the Scottish Parliament;

and the references to the Act of 1967 are to that Act as it has effect on the commencement of this section.