Search Legislation

Justice Act (Northern Ireland) 2016

Status:

This is the original version (as it was originally enacted).

Transitional provision: the Prisoner Ombudsman for Northern Ireland

This section has no associated Explanatory Notes

47.—(1) The person holding office as Prisoner Ombudsman immediately before the appointed day—

(a)becomes the Prison Ombudsman on that day as if appointed to that office under paragraph 1 of Schedule 3; and

(b)holds that office for the remainder of the term for which that person was then appointed as Prisoner Ombudsman.

(2) Paragraph 3(2) of Schedule 3 does not apply to that person; but a person shall not hold the offices of Prison Ombudsman and Prisoner Ombudsman for a period which in total exceeds 7 years.

(3) Subsection (4) applies where immediately before the appointed day the Prisoner Ombudsman is under the terms of reference of that office or other arrangements with the Department—

(a)investigating a complaint (“an existing complaint investigation”);

(b)investigating a death (“an existing death investigation”); or

(c)investigating a matter of the kind mentioned in section 39(2) (“an existing custody-related investigation”).

(4) For the purposes of this Part—

(a)an existing complaint investigation is to be treated as an investigation under section 35;

(b)an existing death investigation is to be treated as an investigation under section 37; and

(c)an existing custody-related investigation is to be treated as an investigation under section 39.

(5) For the purposes of any investigation which is to any extent dealt with under this Part by virtue of subsection (4), things done by or in relation to the Prisoner Ombudsman shall be treated as having been done by or in relation to the Ombudsman.

(6) Except as provided by subsection (4)(b), section 37 does not apply to a death which occurred before the coming into operation of that section.

(7) In applying section 41(1)(b) the Ombudsman may take into account events occurring in the period of 12 months immediately preceding the appointed day (as well as events occurring on or after that day).

(8) In this section “the appointed day” means the day appointed under section 61 for the coming into operation of this section.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Northern Ireland Assembly department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes accompany all Acts of the Northern Ireland Assembly.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources