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Scottish Public Services Ombudsman Act 2002

Investigations by the Ombudsman

Section 2 – Power of investigation

16.This section sets out the investigatory powers of the Ombudsman.

17.Subsections (1) and (2)provide for the Ombudsman to investigate any matter that consists of action taken by or on behalf of a person liable to investigation by the Ombudsman (as defined in section 3). The matter must be one the Ombudsman is entitled to investigate (see sections 5 to 8) and a matter in respect of which a complaint has been made to the Ombudsman or a request for an investigation has been made by the person liable to investigation.

18.Subsection (3)empowers the Ombudsman to determine whether to initiate, continue or discontinue an investigation under section 2.

19.Subsections (4) and (5) enable the Ombudsman to take whatever action he or she thinks may be helpful in deciding whether to initiate, continue or discontinue an investigation, including action with a view to achieving informal resolution of a complaint or request.

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Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills


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