Office of Public Sector Information
PART 1 continued CHAPTER 1 continued
(1) The Scottish Ministers may make regulations as to the government and administration of the Agency and conditions of service with the Agency.
(2) Regulations under subsection (1) may in particular make provision for or in connection with—
(a) the qualifications for appointment by virtue of paragraph 7(2)(c) of schedule 2 of police members of the Agency;
(b) periods of service on probation for police members appointed by virtue of that paragraph;
(c) the police ranks to be held by police members;
(d) the promotion of police members;
(e) voluntary retirement of police members;
(f) the efficiency and effectiveness of police members;
(g) the conduct and discipline of police members;
(h) the suspension of police members from membership of the Agency and from the office of constable;
(i) the duties which are or are not to be performed by police members;
(j) the treatment as occasions of police duty of attendance at meetings of Police Federations and any body recognised by the Secretary of State for the purposes of section 64 of the Police Act 1996 (c. 16);
(k) the hours of duty, leave, pay and allowances of police members;
(l) the maintenance of personal records of police members;
(m) the issue, use and return of—
(i) personal equipment; and
(ii) police clothing.
(3) Regulations under subsection (1) may authorise the Scottish Ministers, the Authority or the Director General of the Agency to make provision for any purpose specified in the regulations.
(4) In relation to any matter as to which provision may be made by regulations under subsection (1), the regulations may—
(a) authorise or require provision to be made by, or confer discretionary powers on, the Scottish Ministers, the Authority, the Director General of the Agency or other persons; or
(b) authorise or require the delegation by any person of functions conferred on the person by virtue of the regulations.
(5) Regulations under subsection (1) must provide for the making of such arrangements as to the hours of duty of police members as shall secure that every such member (not being above such rank as may be specified in the regulations) be allowed at least 52 days in a year on which the member is not required to perform police duty (save on occasions of emergency), such days being distributed throughout the year with the object of securing, so far as practicable, to every such member one day’s rest in every 7.
(6) Regulations under subsection (1) which make provision for or in connection with pay and allowances may be made with retrospective effect to any date specified in the regulations; but nothing in this subsection is to be construed as authorising pay or allowances payable to any person to be reduced retrospectively.
(7) Regulations under subsection (1) as to conditions of service must secure that appointments for fixed terms are not made except where the person appointed holds the rank of superintendent or a higher rank.
(8) Subsection (7) does not apply to appointments made by virtue of paragraph 7(2)(a) of schedule 2.
(9) Any reference in this section (other than subsection (2)(a) and (b)) to a police member is a reference to a person appointed as a police member of the Agency in accordance with paragraph 7 of schedule 2.
(10) Before making regulations under subsection (1) other than regulations with respect to any of the matters mentioned in section 61(1) of the Police Act 1996 (c. 16), the Scottish Ministers must—
(a) submit a draft to the Police Advisory Board for Scotland; and
(b) consider any representations made by the Board as to the draft.
(1) The Scottish Ministers may by order modify section 3(2).
(2) Before making an order under subsection (1) the Scottish Ministers must consult—
(a) the Authority;
(b) persons whom the Scottish Ministers consider represent the interests of chief constables of police forces;
(c) persons whom the Scottish Ministers consider represent the interests of police bodies; and
(d) such other persons as the Scottish Ministers consider appropriate.
(1) The Scottish Ministers may by regulations make provision for or in connection with requiring—
(a) police forces; or
(b) such of them as are specified in the regulations,
to use such of the police support services as are so specified.
(2) The power conferred by subsection (1) may be exercised only if the Scottish Ministers consider that it would be in the interests of the efficiency or effectiveness of the police to do so.
(3) Before making any regulations under subsection (1), the Scottish Ministers must have regard to the effect the regulations would have on the efficiency and effectiveness of the criminal justice system.
(4) Before making regulations under subsection (1) the Scottish Ministers must consult the persons mentioned in section 24(2)(a) to (d).
(1) The inspectors of constabulary must, from time to time, carry out an inspection of the police support services provided by the Authority for the purpose of ascertaining the efficiency and effectiveness of those services.
(2) The inspectors of constabulary must, from time to time, carry out an inspection of the Agency for the purpose of ascertaining the efficiency and effectiveness of the Agency.
(3) The inspectors of constabulary must, in relation to any inspection carried out by virtue of subsection (1) or (2), publish a report on their findings.
(1) The Scottish Ministers may require the inspectors of constabulary to carry out an inspection of the Authority (or part of the Authority) for the purpose of ascertaining the efficiency and effectiveness of the Authority (or part).
(2) The Scottish Ministers may require the inspectors of constabulary to carry out an inspection of—
(a) any of the Authority’s functions or activities for the purpose of ascertaining the efficiency and effectiveness of the Authority in carrying out those functions or, as the case may be, activities;
(b) any of the Authority’s services for the purpose of ascertaining the efficiency and effectiveness of the Authority in providing, or securing the provision of, those services.
(3) The inspectors must, in relation to any inspection carried out by virtue of subsection (1) or (2), publish a report on their findings.
(1) This section applies where a report published under section 27(3) states—
(a) that, in the opinion of the person making the report, the whole or any part of the Authority or any of the police support services which it provides is (whether generally or in particular respects) not efficient or effective; or
(b) that, in that person’s opinion, the whole or any part of the Authority or any of the police support services which it provides will cease to be efficient or effective (whether generally or in particular respects) unless remedial measures are taken.
(2) If the Scottish Ministers consider that remedial measures are required in respect of any matters identified by the report, they may direct the Authority to submit to them an action plan within such period (being a period ending at least 4, and not more than 12, weeks after the date on which the direction is given) as is specified in the direction.
(3) An action plan is a plan setting out the remedial measures which the Authority proposes to take in relation to the matters in respect of which the direction is given.
(4) If this section applies at a time when there is already an action plan in force—
(a) references in this section to an action plan include references to revisions of the existing plan; and
(b) the other provisions of this section have effect accordingly.
(1) This section applies where the Scottish Ministers determine that any remedial measures contained in an action plan submitted to them under section 28 are inadequate.
(2) The Scottish Ministers must notify the Authority of that determination and their reasons for it.
(3) On receipt of a notification under subsection (2) the Authority must—
(a) consider whether to revise the plan in the light of the matters notified to it; and
(b) if it does revise the plan, send a copy of the revised plan to the Scottish Ministers.
(1) The Authority must comply with any direction (whether general or specific) given to it by the Scottish Ministers.
(2) The Agency must comply with any direction (whether general or specific) given to it by the Scottish Ministers.
(3) The Scottish Ministers may not give directions to the Agency in respect of—
(a) particular operations which the Agency is carrying out (or is to carry out); or
(b) the way in which the Agency is carrying out (or is to carry out) such operations.
(4) Where the Scottish Ministers give a direction to the Authority or the Agency, the Scottish Ministers—
(a) must arrange for the direction to be published in such manner as they consider appropriate;
(b) may vary or revoke the direction.
Schedule 3 (which makes provision about transfers of staff to the Authority and the Agency and transfers of property, rights and liabilities to the Authority) has effect.
In this Chapter—
“the Agency” means the Scottish Crime and Drug Enforcement Agency established under section 2(1);
“the Authority” means the Scottish Police Services Authority established by section 1;
“financial year” means—
the period beginning with the date on which the Authority first meets and ending with 31 March next following that date; and
each successive period of 12 months ending with 31 March;
“inspectors of constabulary” means persons appointed under section 33(1) of the Police (Scotland) Act 1967 (“the 1967 Act”);
“joint police board” means a joint police board constituted under an amalgamation scheme made under the 1967 Act;
“police bodies” means—
each police authority whose area is not combined by virtue of an amalgamation scheme under the 1967 Act with the area of any other police authority; and
each joint police board;
“police support services” has the meaning given by section 3(2).
(1) There is to be an officer known as the Police Complaints Commissioner for Scotland (“the Commissioner”).
(2) The Commissioner is to be an individual appointed by the Scottish Ministers.
(3) Schedule 4 (which makes further provision about the Commissioner) has effect.
(1) In this Chapter, “relevant complaint” means a complaint which is given or sent by any of the persons mentioned in subsection (6) to the appropriate authority in relation to the complaint.
(2) In subsection (1), “complaint” means a written statement expressing dissatisfaction about an act or omission—
(a) by a police authority;
(b) by a joint police board;
(c) by a police force;
(d) by the Authority;
(e) by the Agency; or
(f) by a person who, at the time of the act or omission, was a person serving with the police.
(3) But “complaint” does not include—
(a) any statement made by a person serving with, or who has served with, the police, about the terms and conditions of that person’s service with the police; or
(b) a statement which consists of or includes an allegation of an act or omission which constitutes a crime.
(4) An act or omission need not be one occurring in the course of a person’s duty, employment or appointment (as the case may be) in order to fall within subsection (2)(f).
(5) A complaint need not identify a person serving with the police who is the subject of the complaint in order to fall within subsection (2)(f).
(6) The persons referred to in subsection (1) are—
(a) a member of the public who claims to be the person in relation to whom the act or omission took place;
(b) a member of the public not falling within paragraph (a) who claims to have been adversely affected by the act or omission;
(c) a member of the public who claims to have witnessed the act or omission;
(d) a person acting on behalf of a person falling within any of paragraphs (a) to (c).
(7) For the purposes of this section, a person is serving with the police if the person—
(a) is a constable of a police force;
(b) is employed or appointed by virtue of section 9 of the 1967 Act (employment otherwise than as a constable) by a police authority or a joint police board;
(c) is a member of the staff of the Authority; or
(d) is a member of the Agency,
and related expressions are to be construed accordingly.
(1) The Commissioner may, at the request of —
(a) the person who made the complaint (“the complainer”); or
(b) the appropriate authority in relation to the complaint,
examine the manner in which a relevant complaint has been dealt with (such an examination being a “complaint handling review”).
(2) The Commissioner may carry out a complaint handling review under subsection (1)(b) only if satisfied that the appropriate authority in relation to the complaint has taken reasonable steps to deal with the complaint.
(3) On completion of a complaint handling review, the Commissioner must—
(a) inform the persons mentioned in subsection (4) about—
(i) the conclusions the Commissioner has drawn from the complaint handling review and the reasons for them;
(ii) what action (if any) the Commissioner proposes to take in consequence of those conclusions;
(b) draw up a report of the complaint handling review and the conclusions, reasons and proposed action referred to in paragraph (a) and send it to the appropriate authority in relation to the complaint.
(4) Those persons are—
(a) the complainer; and
(b) where the complaint is in respect of an act or omission by a person mentioned in section 34(2)(f) and identifies the person who is the subject of it, that person.
(5) The duties imposed by subsection (3)(a) are subject to such exceptions as may be prescribed by regulations made by the Scottish Ministers; but they are to make regulations under this subsection only to the extent that they consider it necessary for the purpose of any of the following—
(a) preventing the premature or inappropriate disclosure of information that is relevant to, or may be used in, any criminal proceedings or prospective criminal proceedings;
(b) preventing the disclosure of information in any circumstances in which it has been determined in accordance with the regulations that its non-disclosure—
(i) is in the interests of national security;
(ii) is for the purposes of the prevention or detection of crime or the apprehension or prosecution of offenders;
(iii) is justified on proportionality grounds; or
(iv) is otherwise necessary in the public interest.
(6) The non-disclosure of information is justified on proportionality grounds only if its disclosure would cause, directly or indirectly, an adverse effect which would be disproportionate to the benefits arising from its disclosure.
(7) If, having completed a complaint handling review, the Commissioner is of the opinion that the complaint should be reconsidered, the Commissioner may give a direction requiring the reconsideration of the complaint (a “reconsideration direction”).
(8) A reconsideration direction may be given—
(a) to the appropriate authority in relation to the complaint; or
(b) if the Commissioner thinks it more appropriate to do so, to any other person who is a relevant authority,
(the person to whom the direction is given being “the reconsidering authority”).
(9) A reconsideration direction given under subsection (8)(b) must be accompanied by a copy of the report sent to the appropriate authority in relation to the complaint under subsection (3)(b).
(10) A reconsideration direction may be given as respects so much of the complaint as has been, or is, the subject of proceedings by virtue of section 26(2A)(a) of the 1967 Act (police disciplinary procedures) only in so far as it relates to the extent of compliance with the procedures established by virtue of that provision.
(11) A reconsideration direction may (either or both)—
(a) instruct that the reconsideration of the complaint is to have regard to such further information as may have become available (whether or not as a result of the complaint handling review) after the complaint was dealt with;
(b) contain a requirement that reconsideration of the complaint is to take place under the supervision of the Commissioner (a “supervision requirement”).
(12) In deciding whether a reconsideration direction should contain a supervision requirement, the Commissioner must have regard to—
(a) the seriousness of the case; and
(b) the public interest.
(13) The Commissioner may at any time issue a direction varying a reconsideration direction by inserting or, as the case may be, deleting a supervision requirement.
(14) Where a reconsideration direction is varied under subsection (13), the Commissioner may give—
(a) the reconsidering authority; or
(b) any person previously appointed to carry out the reconsideration,
such directions as the Commissioner considers appropriate for the purpose of giving effect to the variation.
(1) If it appears to the Commissioner (whether on an application by the appropriate authority in relation to the complaint or otherwise) that a complaint handling review is or would, if it took place, be one to which subsection (2) applies, the Commissioner must discontinue or, as the case may be, not proceed with the review.
(2) This subsection applies to a complaint handling review which relates or, if it took place, would relate to a relevant complaint of a specified description.
(3) In subsection (2), “specified” means specified in regulations made by the Scottish Ministers.
(4) Where a complaint handling review is, under this section, discontinued or not proceeded with—
(a) the Commissioner must notify the appropriate authority in relation to the complaint and the persons mentioned in section 35(4) of that fact;
(b) the Commissioner may give the appropriate authority in relation to the complaint directions to do any such things as the Commissioner is authorised to direct by regulations made by the Scottish Ministers;
(c) the Commissioner may himself or herself take any steps of a description specified in regulations so made as the Commissioner considers appropriate for purposes connected with the discontinuance of the complaint handling review or the fact that it is not to take place; and
(d) subject to paragraphs (b) and (c), the Commissioner is to take no further action in accordance with this Chapter in relation to the review or the complaint to which it relates.
(1) The reconsidering authority must appoint a person to reconsider the complaint to which the reconsideration direction relates.
(2) But where the reconsideration direction contains a supervision requirement, the reconsidering authority must not appoint a person unless the Commissioner has given notice to the authority that the Commissioner approves the person whom the authority proposes to appoint.
(3) Where the reconsidering authority is the appropriate authority in relation to the complaint, the person appointed must be one who was not previously involved in the consideration of the complaint.
(4) Where the reconsideration of a complaint is subject to a supervision requirement, the person appointed under this section to reconsider the complaint must comply with all such requirements in relation to the carrying out of that reconsideration as may be imposed by the Commissioner in relation to that reconsideration.
(1) This section applies where there is a reconsideration of a complaint in accordance with section 35.
(2) The reconsidering authority or, where the reconsideration of a complaint is subject to a supervision requirement, the Commissioner must provide the persons mentioned in subsection (3) with all such information as will keep those persons properly informed, while the reconsideration is being carried out and subsequently, of—
(a) the action (if any) which is taken in respect of the matters dealt with in any report under section 40; and
(b) the outcome of any such action.
(3) Those persons are—
(a) the complainer;
(b) the appropriate authority in relation to the complaint (except where that authority is the reconsidering authority); and
(c) where the complaint is in respect of an act or omission by a person mentioned in section 34(2)(f) and identifies the person who is the subject of it, that person.
(4) Subsections (5) and (6) of section 35 apply in relation to the duties imposed by subsection (2) as they apply to the duties imposed by subsection (3)(a) of that section.
(5) A person appointed under section 37 to reconsider a complaint must provide the Commissioner with all such information as is reasonably required by the Commissioner for the purposes of the Commissioner’s functions.
(6) Where the reconsideration of a complaint is not subject to a supervision requirement the reconsidering authority must comply with any direction or guidance given by the Commissioner as to how the authority is to perform its functions under this section.
(1) If it appears to the Commissioner (whether on an application by the reconsidering authority or otherwise) that a relevant complaint which is being reconsidered under section 35 is of a specified description, the Commissioner may by order require the discontinuance of the reconsideration.
(2) In subsection (1), “specified” means specified in regulations made by the Scottish Ministers.
(3) Where the reconsideration of a complaint is discontinued in accordance with this section—
(a) the Commissioner must notify the persons mentioned in section 38(3) of that fact;
(b) the Commissioner must give a copy of the order requiring the discontinuance to the reconsidering authority and the person appointed to reconsider the complaint;
(c) the Commissioner may give the reconsidering authority or the person appointed to reconsider the complaint directions to do any such things as the Commissioner is authorised to direct by regulations made by the Scottish Ministers;
(d) the Commissioner may himself or herself take any steps of a description specified in regulations so made as the Commissioner considers appropriate for purposes connected with the discontinuance of the reconsideration; and
(e) subject to paragraphs (c) and (d), the reconsidering authority, the person appointed to reconsider the complaint and the Commissioner are to take no further action in accordance with this Chapter in relation to that complaint.
(1) On the completion of the person’s reconsideration, a person appointed under section 37 must—
(a) submit a report on it to the Commissioner; and
(b) send a copy of the report to—
(i) the reconsidering authority; and
(ii) where different, the appropriate authority in relation to the complaint.
(2) A person submitting a report under this section is not prevented by any obligation of secrecy imposed by any rule of law or otherwise from including all such matters as the person thinks fit in the person’s report.
(1) For the purposes of sections 34 to 40, the appropriate authority in relation to a complaint is—
(a) where the complaint is in respect of an act or omission of a police authority, the authority;
(b) where the complaint is in respect of an act or omission of a joint police board, the board;
(c) where the complaint is in respect of an act or omission of a police force, the chief constable of the force;
(d) where the complaint is in respect of an act or omission of the Authority, the Authority;
(e) where the complaint is in respect of an act or omission of the Agency, the Director General of the Agency;
(f) where the complaint is in respect of an act or omission of a person at a time when the person was a constable of a police force—
(i) where the person was of a senior rank, the maintaining authority in relation to the force;
(ii) where the person was not of such rank, the chief constable of the force;
(g) where the complaint is in respect of an act or omission of a person at a time when the person was employed or appointed by virtue of section 9 of the 1967 Act by a police authority or a joint police board, the authority or board;
(h) where the complaint is in respect of an act or omission of a person at a time when the person was a member of staff of the Authority, the Authority;
(i) where the complaint is in respect of an act or omission of a person at a time when the person was the Director General of the Agency, the Authority;
(j) where the complaint is in respect of an act or omission of a person at a time when the person was the Deputy Director General, a police member or a support staff member of the Agency, the Director General of the Agency.
(2) The reference in subsection (1)(f) to a constable of a police force does not include a constable who is seconded to the Authority under paragraph 10(2) of schedule 1.
(3) In subsection (1)(f)(i), “senior rank” means a rank above chief superintendent.
(4) For the purpose of subsection (1)(f)(i), the maintaining authority in relation to a police force is—
(a) where the force is for an area which is not combined by virtue of an amalgamation scheme under the 1967 Act, the police authority for that area;
(b) where the force is for an area consisting of police areas combined by virtue of such a scheme, the joint police board constituted under the scheme.
(5) Despite paragraphs 7(3)(b) and (5)(a) and 8(3) of schedule 2, the reference in subsection (1)(h) to a member of staff of the Authority does not include a police member of the Agency or a support staff member of the Agency.
The Commissioner has the general functions of—
(a) securing the maintenance by the Commissioner, and by each of the relevant authorities, of suitable arrangements for the handling of relevant complaints;
(b) keeping under review all arrangements maintained for that matter;
(c) securing that arrangements maintained for that matter—
(i) are efficient and effective;
(ii) contain and manifest an appropriate degree of independence; and
(iii) are adhered to;
(d) making such recommendations, and giving such advice, for the modification of—
(i) the arrangements maintained for that matter; and
(ii) the practice of relevant authorities in relation to other matters,
as appear from the carrying out of the Commissioner’s other functions, to be necessary or desirable.
Police, Public Order and Criminal Justice (Scotland) Act 2006