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Section 34 Meaning of “relevant complaint”F9

Scotland

(1)

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.

(2)

In subsection (1), “complaint” means a F2statement (whether oral, written or electronic) expressing dissatisfaction about an act or omission—

F3(a)

by the Authority;

(b)

by the Police Service; or

(f)

by a person who, at the time of the act or omission, was a person serving with the police.

F4(2A)

A “complaint” may relate to—

(a)

any action taken, or failed to be taken, by or on behalf of the subject of the complaint;

(b)

the standard of any service which the subject of the complaint has provided or failed to provide.

(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

F5(aa)

any statement made by a person serving with the police about an act or omission mentioned in subsection (3A);

(b)

a statement which consists of or includes an allegation of an act or omission which constitutes a crime.

F6(3A)

An act or omission referred to in subsection (3)(aa) is one which—

(a)

took place in relation to, or adversely affected, the person in the person’s capacity as a person serving with the police, or

(b)

was witnessed by the person (whether or not in that capacity).

(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 F7person who claims to be the person in relation to whom the act or omission took place;

(b)

a person not falling within paragraph (a) who claims to have been adversely affected by the act or omission;

(c)

a person 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).

F8( 7)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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