PART 6MISCELLANEOUS
Transitional: complaints handling16
1
Paragraph (2) applies to any complaint made, given or sent to the appropriate authority in relation to the complaint on or after 1st April 2013—
a
in relation to an act or omission before that date of—
i
a police authority;
ii
a joint police board;
iii
a police force;
iv
a constable of a police force;
v
an individual employed or appointed by virtue of section 9 of the 1967 Act;
vi
a member of staff of the Scottish Police Services Authority; or
vii
a member of the Scottish Crime and Drug Enforcement Agency; and
b
which would, if made in relation to an act or omission of the Authority, the Police Service or a person serving with the police (within the meaning given by section 34(7) of the 2006 Act), be a relevant complaint within the meaning given by Chapter 2 of Part 1 of that Act.
2
A complaint to which this paragraph applies is to be treated, on and after 1st April 2013, as if it were a “relevant complaint” for the purposes of—
a
Chapter 2 of Part 1 of the 2006 Act; and
b
Chapter 10 of Part 1 of the 2012 Act.
3
Paragraph (4) applies to any complaint given or sent before 1st April 2013 which was a “relevant complaint” within the meaning given by Chapter 2 of Part 1 of the 2006 Act as it had effect immediately before that date.
4
A complaint to which this paragraph applies is to be treated, on and after 1st April 2013, as if it were a “relevant complaint” for the purposes of—
a
Chapter 2 of Part 1 of the 2006 Act; and
b
Chapter 10 of Part 1 of the 2012 Act.
5
For the purposes of Chapter 2 of Part 1 of the 2006 Act and this article, the appropriate authority in relation to a complaint to which paragraphs (2) and (4) apply is—
a
the Authority where the complaint relates to an act or omission of—
i
a person mentioned in paragraph (1)(a)(i), (ii) or (vi);
ii
an individual who, when the act or omission occurred, was a constable of a police force of a rank above chief superintendent; or
iii
an individual who, when the act or omission occurred, was the Director General of the Scottish Crime and Drug Enforcement Agency; and
b
the chief constable where the complaint relates to an act or omission of—
i
a body mentioned in paragraph (1)(a)(iii);
ii
an individual who, when the act or omission occurred, was a constable of a police force of a rank of or below chief superintendent;
iii
an individual mentioned in paragraph (1)(a)(v); or
iv
an individual who, when the act or omission occurred, was a member of the Scottish Crime and Drug Enforcement Agency other than the Director General.