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Section 40A Arrangements for handling relevant complaints and investigation of whistleblowing complaintsF1F5

Scotland

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

(1)

The Commissioner must—

(a)

keep under review all arrangements maintained by

(F2i)

the Commissioner, the Authority and the chief constable for the handling of relevant complaints;

(F3ii)

the Authority and the chief constable for the investigation of information provided in a whistleblowing complaint; and

(b)

seek to secure that those arrangements—

(i)

are efficient and effective;

(ii)

contain and manifest an appropriate degree of independence; and

(iii)

are adhered to.

(F41A)

In subsection (1)(a)(ii), “whistleblowing complaint” means a protected disclosure within the meaning of section 43A of the Employment Rights Act 1996 made to the Authority or, as the case may be, the chief constable.

(2)

The Commissioner may make such recommendations, or give such advice, for the modification of—

(a)

the arrangements mentioned in subsection (1); or

(b)

the practice of the Authority or the chief constable in relation to other matters,

as appear from the carrying out of the Commissioner's other functions to be necessary or desirable.”.

Annotations

Textual amendments

F1

S. 40A inserted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 33(5); 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. 40A(1)(a) renumbered as s. 40A(1)(a)(i) (25.6.2025) by Police (Ethics, Conduct and Scrutiny) (Scotland) Act 2025 (asp 5), ss. 16(1)(a)(i), 22(2); S.S.I. 2025/175, reg. 2(l)

F3

S. 40A(1)(a)(ii) inserted (25.6.2025) by Police (Ethics, Conduct and Scrutiny) (Scotland) Act 2025 (asp 5), ss. 16(1)(a)(ii), 22(2); S.S.I. 2025/175, reg. 2(l)

F4

S. 40A(1A) inserted (25.6.2025) by Police (Ethics, Conduct and Scrutiny) (Scotland) Act 2025 (asp 5), ss. 16(1)(b), 22(2); S.S.I. 2025/175, reg. 2(l)

F5

S. 40A heading substituted (25.6.2025) by Police (Ethics, Conduct and Scrutiny) (Scotland) Act 2025 (asp 5), ss. 16(2), 22(2); S.S.I. 2025/175, reg. 2(l)

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