Public Services Ombudsman Act (Northern Ireland) 2016 Explanatory Notes

1. Introduction

2. Commentary on Clauses

   1. Part 1: The Northern Ireland Public Services Ombudsman

      1. Section 1: The Northern Ireland Public Services Ombudsman

      2. Section 2: Independence

      3. Section 3: Appointment

      4. Section 4: Abolition of existing offices

   2. Part 2: Investigations

      1. Section 5: Power to investigate complaints made by a person aggrieved

      2. Section 6: Power to investigate complaints referred by a listed authority

      3. Section 7: Acting on behalf of a person aggrieved

      4. Section 8: Power to investigate on own initiative

      5. Section 9: Criteria for own initiative investigations

      6. Section 10: Alternative resolution of complaints

      7. Section 11: Purposes of investigation

      8. Section 12: Listed authorities

      9. Section 13: Meaning of action taken by a listed authority

      10. Section 14: Matters which may be investigated: general

      11. Sections 15, 16 and 17: Matters which may be investigated - professional judgement

      12. Section 18: Matters which may be investigated: universities

      13. Section 19: Administrative functions of staff of tribunals

      14. Section 20: Exclusion: public sector employment

      15. Section 21: Exclusion: other remedies available

      16. Section 22: Other excluded matters

      17. Section 23: Decisions taken without maladministration

      18. Section 24: Complaint handling procedure to be invoked and exhausted

      19. Section 25: Duty to inform person aggrieved about the Ombudsman

      20. Section 26: Form and time limit for making complaint

      21. Section 27: Meaning of exhausting the complaints handling procedure

      22. Section 28: Procedure for complaint referred to the Ombudsman

      23. Section 29: Procedure for own initiative investigations

      24. Section 30: Investigation procedure

      25. Section 31: Information, documents, evidence and facilities

      26. Section 32: Privileged and confidential information

      27. Section 33: Obstruction and contempt

   3. Part 3: Complaints Handling Procedure

      1. Section 34: Meaning of complaints handling procedure

      2. Section 35: Statement of principles

      3. Section 36: Obligation for listed authority to have complaints handling procedure

      4. Section 37: Model complaints handling procedures

      5. Section 38: Obligation for listed authority to comply with model CHPs

      6. Section 39: Declaration of non-compliance of complaints handling procedure

      7. Section 40: Submission of description of complaints handling procedure; general

      8. Section 41: Application

      9. Section 42: Promotion of best practice etc.

   4. Part 4: Miscellaneous and General

      1. Section 43: Reports on investigations

      2. Section 44: Publication of reports on investigations in the public interest

      3. Section 45: Publication of reports on own initiative investigations

      4. Section 46: Reports to the Assembly

      5. Section 47: Reports and privileged information

      6. Section 48: Privilege for certain publications

      7. Section 49: Disclosure of information

      8. Section 50: Disclosure contrary to public interest

      9. Section 51: Consultation and co-operation with other ombudsmen

      10. Sections 52 and 53: County court applications by a person aggrieved

      11. Sections 54 and 55: High Court applications by the Attorney General

      12. Section 56: Court proceedings and privileged information

      13. Section 57: Supplementary provision in relation to court proceedings

   5. Part 5: Northern Ireland Judicial Appointments Ombudsman

   6. Part 6: Supplementary Provisions

      1. Section 59: Interpretation

      2. Section 60: Power to make further provision

      3. Section 61: Orders

      4. Sections 62 and 63: Consequential amendments

      5. Section 64: Commencement

      6. Section 65: Repeals

   7. Schedule 1: The Northern Ireland Public Services Ombudsman

   8. Schedule 2: Transfer of assets, liabilities, staff and other transitional and savings arrangements

   9. Schedule 3: Listed authorities

   10. Schedule 4: Tribunals referred to in section 19

   11. Schedule 5: Other excluded matters

   12. Schedule 6: Amendments consequent upon the Ombudsman being the Northern Ireland Judicial Appointments Ombudsman

   13. Schedule 7: Amendments to Part 9 of the Local Government Act (Northern Ireland) 2014

   14. Schedule 8: Other minor and consequential amendments

   15. Schedule 9: Repeals

3. Hansard Reports