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Section 33A General functions of the CommissionerF1

Scotland

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

The Commissioner's general functions are—

(a)

to maintain, and to secure the maintenance by the Authority and the chief constable of, suitable arrangements for—

(i)

the handling of relevant complaints; and

(ii)

the examination of the handling of relevant complaints and the reconsideration of such complaints in accordance with sections 34 to 41;

(b)

where directed to do so by the appropriate prosecutor—

(i)

to investigate any circumstances in which there is an indication that a person F2who is, or has been, a person serving with the police may have committed an offence (regardless of when those circumstances occurred);

(ii)

to investigate, on behalf of the relevant procurator fiscal, the circumstances of any death involving a person serving with the police which that procurator fiscal is required to investigate under section 1 of the F3Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016 F4, whether or not the circumstances occurred in the course of the person’s duty, employment or appointment;

(c)

where requested to do so by the Authority or the chief constable, to investigate and report on certain serious incidents involving the police (see section 41B); and

(d)

to investigate other matters relating to the Authority or the Police Service where the Commissioner considers that it would be in the public interest to do so (see section 41C).

Annotations

Textual amendments

F1

S. 33A inserted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), ss. 62, 129(2) (with s. 100); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121, arts. 1(1), 11)

F2

Words in s. 33A(b)(i) substituted (25.6.2025) by Police (Ethics, Conduct and Scrutiny) (Scotland) Act 2025 (asp 5), ss. 12(a), 22(2); S.S.I. 2025/175, reg. 2(j)

F3

Words in s. 33A(b)(ii) substituted (15.6.2017) by Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016 (asp 2), s. 42(2), sch. 2 para. 11(2); S.S.I. 2017/155, reg. 2 (with regs. 4(2) 5)

F4

Words in s. 33A(b)(ii) inserted (25.6.2025) by Police (Ethics, Conduct and Scrutiny) (Scotland) Act 2025 (asp 5), ss. 12(b), 22(2); S.S.I. 2025/175, reg. 2(j)

Notes on Chapter 2

Modifications

C1

Pt. 1 Ch. 2 modified (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Supplementary, Transitional, Transitory and Saving Provisions) Order 2013 (S.S.I. 2013/121), arts. 1(1), 16

Notes on The Police Investigations and Review Commissioner

Textual amendments

F1

S. 33 heading substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), ss. 61(2)(a) , 129(2) (with s. 100); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)