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Scottish Public Services Ombudsman Act 2002

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  • Sch. 2 para. 37A inserted by 2007 asp 3 Sch. 5 para. 27 (This amendment not applied to legislation.gov.uk. Sch. 5 para. 27 repealed (31.1.2011) by 2010 asp 8, sch. 4 Pt. 2; S.S.I. 2011/30, art. 3(1), Sch. 1)
  • sch. 2 para. 52B inserted by 2019 asp 9 sch. 2 para. 2

21 Consultation and co-operation with other Commissioners and OmbudsmenS

This section has no associated Explanatory Notes

(1)Where the Ombudsman, at any stage in the course of considering a complaint or request, forms the opinion that the complaint or request relates partly to a matter which could be the subject of an investigation—

(a)by the Parliamentary Commissioner for Administration under the Parliamentary Commissioner Act 1967 (c.13),

(b)by [F1the Health Service Commissioner] under the Health Service Commissioners Act 1993 (c.46) (as that Act has effect in England and Wales),

[F2(c)by the Public Services Ombudsman for Wales under the Public Services Ombudsman (Wales) Act 2005,]

(d)by a Local Commissioner under Part III [F3or 3A] of the Local Government Act 1974 (c.7), or

(e)by a housing ombudsman in accordance with a scheme approved under section 51 of the Housing Act 1996 (c.52),

the Ombudsman must consult the appropriate Commissioner or other Ombudsman about the complaint or request.

(2)If the Ombudsman considers it necessary, the Ombudsman must inform the person who made the complaint or request of the steps necessary to initiate a complaint to that Commissioner or other Ombudsman.

(3)Where the Ombudsman consults a Commissioner or other Ombudsman in accordance with this section, the consultations may extend to any matter relating to the complaint or request, including—

(a)the conduct of any investigation into the matter to which the complaint or request relates, and

(b)the form, content and publication of any report of the result of such an investigation.

(4)Where a listed authority is also an authority to which the Parliamentary Commissioner Act 1967 (c.13) applies, the Ombudsman must co-operate with the Parliamentary Commissioner to such extent as appears appropriate when exercising any function in relation to that authority.

(5)Nothing in section 19(1) applies in relation to the disclosure of information in the course of consultation or co-operation under this section.

Textual Amendments

F1Words in s. 21(1)(b) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 73(a)

F3Words in s. 21(1)(d) inserted (1.10.2010) by Health Act 2009 (c. 21), s. 40(1), Sch. 5 para. 15; S.I. 2010/1863, art. 2

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