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The Ombudsman (Northern Ireland) Order 1996 (revoked), Section 10 is up to date with all changes known to be in force on or before 23 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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10.—(1) The Ombudsman shall not conduct an investigation under this Order in respect of any such actions or matters as are described in Schedule 4.
(2) The Department may by order amend Schedule 4 so as to exclude from the provisions of that Schedule any such action or matter as is described in that order.
(3) Subject to paragraph (4) and to[F1 section 78 of the Northern Ireland Act 1998], the Ombudsman shall not conduct an investigation under this Order in respect of—
(a)any action in respect of which the person aggrieved has or had a right of appeal, complaint, reference or review to or before a tribunal constituted under any statutory provision or otherwise;
(b)any action in respect of which the person aggrieved has or had a remedy by way of proceedings in a court of law.
(4) The Ombudsman may conduct an investigation—
(a)notwithstanding that the person aggrieved has or had such a right or remedy as is mentioned in paragraph (3), if the Ombudsman is satisfied that in the particular circumstances it is not reasonable to expect him to resort to or have resorted to it; or
(b)notwithstanding that the person aggrieved had exercised such a right as is mentioned in paragraph (3)(a), if he complains that the injustice sustained by him remains unremedied thereby and the Ombudsman is satisfied that there are reasonable grounds for that complaint.
(5) Nothing in this Order authorises or requires the Ombudsman to question the merits of a decision taken without maladministration by a department or authority to which this Order applies in the exercise of a discretion vested in that department or authority.
F2functions transf. by SR 1999/481
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