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 Scottish Executive 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
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.