Maladministration.

1 The Parliament shall make provision for the investigation of relevant complaints made to its members in respect of any action taken by or on behalf of— a a member of the Scottish Government in the exercise of functions conferred on the Scottish Ministers, or b any other office-holder in the Scottish Administration. 2 For the purposes of subsection (1), a complaint is a relevant complaint if it is a complaint of a kind which could be investigated under the Parliamentary Commissioner Act 1967 if it were made to a member of the House of Commons in respect of a government department or other authority to which that Act applies. 3 The Parliament may make provision for the investigation of complaints in respect of— a any action taken by or on behalf of an office-holder in the Scottish Administration, b any action taken by or on behalf of the Parliamentary corporation, c any action taken by or on behalf of a Scottish public authority with mixed functions or no reserved functions, or d any action concerning Scotland and not relating to reserved matters which is taken by or on behalf of a cross-border public authority. 4 In making provision of the kind required by subsection (1), the Parliament shall have regard (among other things) to the Act of 1967. 5 Sections 53 and 117 to 121 shall not apply in relation to functions conferred by or under the Act of 1967. 6 In this section— “ action ” includes failure to act (and related expressions shall be read accordingly), “ provision ” means provision by an Act of the Scottish Parliament; and the references to the Act of 1967 are to that Act as it has effect on the commencement of this section.