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The Commissioner for Complaints (Northern Ireland) Order 1996

Status:

This is the original version (as it was originally made).

Article 9(1).

SCHEDULE 3MATTERS NOT SUBJECT TO INVESTIGATION

1.  The commencement or conduct of any civil or criminal proceedings before a court of law in the United Kingdom, or of proceedings before any international court or tribunal.

2.  Action which is or may be investigated by the Attorney General with a view to the institution of proceedings under section 31 or 46(9) of the [1972 c. 9 (N.I.).] Local Government Act (Northern Ireland) 1972.

Provided that, if, after the Attorney General has decided not to proceed with such an investigation into such action or not to institute such proceedings in respect of it, or after the final determination of any such proceedings in respect of such action, a person aggrieved complains that such action resulted in his sustaining injustice in consequence of maladministration and that such injustice has not been remedied, the Commissioner may, if satisfied that there are reasonable grounds for that complaint investigate such action, notwithstanding any limitation of time imposed by Article 10(6).

3.  Action in the discharge of a professional duty by a medical or dental practitioner, pharmacist, nurse, midwife or member of a profession supplementary to medicine (within the meaning of the [1960 c. 66.] Professions Supplementary to Medicine Act 1960) in the course of diagnosis, treatment or care of a particular patient.

4.  Action taken in respect of any matter which is within the scope of the powers of the Assembly Ombudsman for Northern Ireland.

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