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

14 Complaint handling reviews

In section 35 of the 2006 Act (examination of manner of handling of complaint)—

(a) after subsection (1), insert—

“(1A) The Commissioner may carry out a complaint handling review of the Commissioner’s own volition if satisfied that it is in the public interest to do so.

(1B) The Commissioner must, as soon as reasonably practicable after deciding to carry out a complaint handling review under this section, notify the complainer of that decision.”,

(b) in subsection (3)—

(i) in paragraph (a), after sub-paragraph (ii), insert—

“(iii) any recommendations in relation to the complaint that the Commissioner proposes to make to the appropriate authority as a result of the complaint handling review;”,

(ii) in paragraph (b), for “and proposed action” substitute “, proposed action and recommendations”,

(c) after subsection (4), insert—

“(4A) 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.

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

(4C) 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.”.