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.