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Part 2E+WInvestigation of complaints [F1relating to listed authorities]

ComplaintsF4E+W

Textual Amendments applied to the whole legislation

4Who can complainE+W

(1)The persons entitled to make a complaint to the Ombudsman [F2under this Part] are—

(a)a member of the public (in this [F3Part] referred to as “the person aggrieved”) who claims or claimed to have sustained injustice or hardship in consequence of a matter which the Ombudsman is entitled to investigate under sections 7 to 11;

(b)a person authorised by the person aggrieved to act on his behalf;

(c)if the person aggrieved is not capable of authorising a person to act on his behalf (for example because he has died), a person who appears to the Ombudsman to be appropriate to act on behalf of the person aggrieved.

(2)Member of the public” means any person other than a listed authority acting in its capacity as such.

(3)It is for the Ombudsman to determine any question of whether a person is entitled under this section to make a complaint to him.

5Requirements: complaints made to the OmbudsmanE+W

(1)The requirements mentioned in section 2(2)(b) are that—

(a)the complaint must be made in writing;

(b)the complaint must be made to the Ombudsman before the end of the period of one year starting on the day on which the person aggrieved first has notice of the matters alleged in the complaint.

(2)It is for the Ombudsman to determine any question of whether the requirements of subsection (1) are met in respect of a complaint.

6Requirements: complaints referred to the OmbudsmanE+W

(1)The requirements mentioned in section 2(3)(b) are that—

(a)the complaint must have been made to the listed authority by a person who would have been entitled under section 4 to make the complaint to the Ombudsman;

(b)the complaint must have been made to the listed authority before the end of the period of one year starting on the day on which the person aggrieved first had notice of the matters alleged in the complaint;

(c)the complaint must be referred to the Ombudsman in writing;

(d)the complaint must be referred to the Ombudsman before the end of the period of one year starting on the day on which the complaint was made to the listed authority.

(2)It is for the Ombudsman to determine any question of whether the requirements of subsection (1) are met in respect of a complaint.