{
  "url": "https://openlegislation.uk/scotland-act-1998-transitory-and-transitional-provisions-complaints-of-maladministration-order-1999/article-10",
  "json_url": "https://openlegislation.uk/scotland-act-1998-transitory-and-transitional-provisions-complaints-of-maladministration-order-1999/article-10.json",
  "legislation": "uksi/1999/1351",
  "legislation_title": "The Scotland Act 1998 (Transitory and Transitional Provisions) (Complaints of Maladministration) Order 1999",
  "legislation_url": "https://openlegislation.uk/scotland-act-1998-transitory-and-transitional-provisions-complaints-of-maladministration-order-1999",
  "path": "article/10",
  "kind": "article",
  "number": "10",
  "heading": "Complaints",
  "text": "(1) A complaint may be made under article 9(1)(b) by any individual or body of persons (whether or not incorporated) except–\n(a) the Parliamentary corporation;\n(b) a local authority or other authority or body constituted for purposes of the public service or of local government;\n(c) a body constituted for the purposes of carrying on under national ownership an industry or undertaking or part of an industry or undertaking;\n(d) any other authority or body whose members are appointed by Her Majesty or by any Minister of the Crown or government department or by a member of the Scottish Executive, or whose revenues consist wholly or mainly of money provided by Parliament or sums payable out of the Scottish Consolidated Fund (whether directly or indirectly).\n(2) A complaint shall not be entertained by the Scottish Commissioner unless made by the person aggrieved himself, except that–\n(a) where an individual by whom a complaint might have been made has died, or is for any reason unable to act for himself, the complaint may be made by his personal representatives or a member of his family or any other individual or any body suitable to represent him; and\n(b) where a body by whom a complaint might have been made is for any reason unable to act for itself, the complaint may be made by an individual, or another body, suitable to represent it.\n(3) A complaint shall not be entertained by the Scottish Commissioner unless–\n(a) it is made to a member of the Parliament not later than 12 months after the day on which the person aggrieved first had notice of the matters alleged in the complaint, but the Scottish Commissioner may conduct an investigation pursuant to a complaint not made within that period if he considers that there are special circumstances which make it proper to do so; and\n(b) the person aggrieved is resident in the United Kingdom (or, if he is dead, was so resident at the time of his death) or the complaint relates to action taken in relation to him while he was present in the United Kingdom or on an installation in a designated area within the meaning of the Continental Shelf Act 1964( or on a ship registered in the United Kingdom or an aircraft so registered, or in relation to rights or obligations which accrued or arose in the United Kingdom or on such an installation, ship or aircraft.\n(4) Any question whether a complaint is duly made or referred to the Scottish Commissioner shall be determined by him.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "1964 c. 29."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1999/1351/article/10",
    "retrieved_at": "2026-10-29T10:48:24.082123+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}