Functions of the CommissionerN.I.
17—(1) The functions of the Commissioner are—
(a)where a person has made a complaint or referral to which subsection (2) applies, to investigate the complaint or referral in accordance with the provisions of this Part[F1, provided the Commissioner is satisfied in the case of a complaint that it is not frivolous or vexatious or otherwise an abuse of the complaints process];
(b)to initiate an investigation in accordance with the provisions of this Part if the Commissioner believes that, at a relevant time, a breach of the Code of Conduct [F2or the Ministerial Code, or both,] may have occurred;
(c)to report to the Assembly on the outcome of any investigation under this section; and
(d)on the Commissioner's own initiative, or if requested by the Assembly, to give advice on any matter of general principle relating to standards of conduct of members of the Assembly [F3including Ministers].
(2) This subsection applies to—
(a)a complaint to the Commissioner that, at a relevant time, a breach of the Code of Conduct [F4or the Ministerial Code, or both,] has occurred;
(b)a referral to the Commissioner made by any person specified in the standing orders as being a person who may make referrals in relation to any matter specified in the standing orders as being a matter in respect of which the Commissioner must carry out an investigation.
(3) In this section—
“the Code of Conduct” means—
any code of conduct for members of the Assembly, and
any guide to the rules relating to the conduct of members of the Assembly,
which has been agreed to by the Assembly; and
[F5the Ministerial Code” means the Ministerial Code of Conduct set out in Schedule 4 to the 1998 Act;]
a “relevant time” means a time (whether before or after this section comes into operation) when a requirement to comply with the Code of Conduct [F6or the Ministerial Code, or both,] was in force.
Textual Amendments
F1Words in s. 17(1)(a) inserted (22.3.2021) by Functioning of Government (Miscellaneous Provisions) Act (Northern Ireland) 2021 (c. 3), ss. 5(2), 14(2)
F2Words in s. 17(1)(b) inserted (22.3.2021) by Functioning of Government (Miscellaneous Provisions) Act (Northern Ireland) 2021 (c. 3), ss. 5(3), 14(2)
F3Words in s. 17(1)(d) inserted (22.3.2021) by Functioning of Government (Miscellaneous Provisions) Act (Northern Ireland) 2021 (c. 3), ss. 5(4), 14(2)
F4Words in s. 17(2)(a) inserted (22.3.2021) by Functioning of Government (Miscellaneous Provisions) Act (Northern Ireland) 2021 (c. 3), ss. 5(5), 14(2)
F5Words in s. 17(3) inserted (22.3.2021) by Functioning of Government (Miscellaneous Provisions) Act (Northern Ireland) 2021 (c. 3), ss. 5(6), 14(2)
F6Words in s. 17(3) inserted (22.3.2021) by Functioning of Government (Miscellaneous Provisions) Act (Northern Ireland) 2021 (c. 3), ss. 5(7), 14(2)
Commencement Information
I1S. 17 in operation at 17.9.2012 by S.R. 2012/334, art. 2(a)