8—(1) Subject to subsection (2) and section 9, the Commissioner may conduct an investigation into a complaint made by an older person that the interests of the older person have been adversely affected by any action taken by a relevant authority.
(2) The Commissioner may not exercise the Commissioner's power under subsection (1) in relation to a complaint unless the Commissioner is satisfied that—
(a)the complaint raises a question of principle; and
(b)the complaint does not fall within an existing statutory complaints system.
(3) For the purposes of subsection (2), a complaint falls within an existing statutory complaints system if a statutory provision confers power on a person to make the complaint to a body or person and—
(a)that body or person has power under a statutory provision to investigate the complaint; or
(b)that body or person would have power under a statutory provision to investigate the complaint but for some exclusion or restriction in that statutory provision.
(4) Where the Commissioner decides not to conduct an investigation into a complaint made under subsection (1), the Commissioner must prepare a statement of the Commissioner's reasons for that decision and must send a copy of the statement to—
(a)the complainant; and
(b)such other persons (if any) as the Commissioner considers appropriate.
Modifications etc. (not altering text)
C1Ss. 2-29: transfer of functions (8.5.2016) by The Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016/76), art. 1(2), Sch. 1 Pt. 2 (with art. 9(2))
Commencement Information
I1S. 8 in operation at 1.12.2012 by S.R. 2012/388, art. 2(g)