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Scottish Parliamentary Commissions and Commissioners etc. Act 2010

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This is the original version (as it was originally enacted).

Investigations and reports

This section has no associated Explanatory Notes

2In section 11 (decisions not to investigate)—

(a)in subsection (1) the passage from “after” to “complaint”, where it second occurs, becomes paragraph (a) of the subsection and after it there is inserted , or

(b)decides to discontinue an investigation following a complaint,,

(b)after subsection (3) there is inserted—

(3A)Where the Ombudsman decides to discontinue an investigation following a complaint, any reference in paragraphs (b), (f) and (g) of subsection (2) to the listed authority in question or to the listed authority is to be construed as including a reference to a listed authority—

(a)which was not mentioned in the complaint, but

(b)whose action was investigated by the Ombudsman in connection with the investigation.,

(c)after subsection (4) there is inserted—

(5)Subsection (4) applies where the Ombudsman decides to discontinue an investigation following a request as it applies where the Ombudsman decides not to conduct such an investigation.,

(d)accordingly, the title to the section becomes “Decisions not to investigate or to discontinue investigations”.

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