Section 34 Meaning of “relevant complaint”F9
Scotland
In this Chapter, “relevant complaint” means a complaint which is F1made, given or sent by any of the persons mentioned in subsection (6) to the appropriate authority in relation to the complaint.
A “complaint” may relate to—
any action taken, or failed to be taken, by or on behalf of the subject of the complaint;
the standard of any service which the subject of the complaint has provided or failed to provide.
But “ complaint ” does not include—
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
any statement made by a person serving with the police about an act or omission mentioned in subsection (3A);
a statement which consists of or includes an allegation of an act or omission which constitutes a crime.
An act or omission referred to in subsection (3)(aa) is one which—
took place in relation to, or adversely affected, the person in the person’s capacity as a person serving with the police, or
was witnessed by the person (whether or not in that capacity).
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).
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).
The persons referred to in subsection (1) are—
a F7person who claims to be the person in relation to whom the act or omission took place;
a person not falling within paragraph (a) who claims to have been adversely affected by the act or omission;
a person who claims to have witnessed the act or omission;
a person acting on behalf of a person falling within any of paragraphs (a) to (c).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Annotations
Textual amendments
- F1
Word in s. 34(1) inserted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 33(2)(a); 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. 34(2) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 33(2)(b)(i); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121, arts. 1(1), 11)
- F3
S. 34(2)(a)(b) substituted for s. 34(2)(a)-(e) (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 33(2)(b)(ii); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121, arts. 1(1), 11)
- F4
S. 34(2A) inserted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 33(2)(c); S.S.I. 2013/51 , art. 2 (with transitional provisions and savings in S.S.I. 2013/121, arts. 1(1), 11)
- F5
S. 34(3)(aa) inserted (25.6.2025) by Police (Ethics, Conduct and Scrutiny) (Scotland) Act 2025 (asp 5), ss. 13(1)(a), 22(2); S.S.I. 2025/175, reg. 2(k)
- F6
S. 34(3A) inserted (25.6.2025) by Police (Ethics, Conduct and Scrutiny) (Scotland) Act 2025 (asp 5), ss. 13(1)(b), 22(2); S.S.I. 2025/175, reg. 2(k)
- F7
Word in s. 34(6) substituted (25.6.2025) by Police (Ethics, Conduct and Scrutiny) (Scotland) Act 2025 (asp 5), ss. 13(1)(c), 22(2); S.S.I. 2025/175, reg. 2(k)
- F8
S. 34(7) repealed (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 8 Pt. 1; S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121, arts. 1(1), 11)
- F9
S. 34 heading substituted (25.6.2025) by Police (Ethics, Conduct and Scrutiny) (Scotland) Act 2025 (asp 5), ss. 13(2), 22(2); S.S.I. 2025/175, reg. 2(k)
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