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The Ombudsman (Northern Ireland) Order 1996

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This is the original version (as it was originally made).

The Assembly Ombudsman for Northern Ireland

The Assembly Ombudsman for Northern Ireland

3.—(1) The Northern Ireland Parliamentary Commissioner for Administration shall hereafter be known as the Assembly Ombudsman for Northern Ireland.

(2) For any reference in any statutory provision to the Northern Ireland Parliamentary Commissioner for Administration there shall be substituted a reference to the Assembly Ombudsman for Northern Ireland.

(3) During the interim period (within the meaning of section 1(4) of the [1974 c. 28.] Northern Ireland Act 1974) the Assembly Ombudsman for Northern Ireland may also be referred to as the Parliamentary, Ombudsman for Northern Ireland.

Appointment and tenure of office

4.—(1) A person appointed under section 36(1) of the [1973 c. 36.] Northern Ireland Constitution Act 1973 to be the Ombudsman shall, subject to paragraphs (2) and (3), hold office during good behaviour.

(2) A person appointed to be the Ombudsman—

(a)may, at his own request, be relieved of office by Her Majesty;

(b)may be removed from office by Her Majesty in consequence of an Address from the Assembly; and

(c)shall in any case vacate office on completing the year of service in which he attains the age of 65 years.

(3) Her Majesty may declare the office of Ombudsman to have been vacated if she is satisfied that the person appointed to be the Ombudsman is incapable for medical reasons—

(a)of performing the duties of his office; and

(b)of requesting to be relieved of it.

Salary and pension

5.—(1) There shall be paid to the holder of the office of Ombudsman such salary as the Department may by order determine.

(2) An order under paragraph (1) may provide for the salary determined by the order to be payable from such date, whether before or after the making of the order, as may be specified in the order.

(3) The salary payable to a holder of the office of Ombudsman shall be abated by the amount of any pension payable to him in T respect of any public office in the United Kingdom or elsewhere to which he had previously been appointed or elected.

(4) Schedule 1 shall have effect with respect to the pensions and other benefits to be paid to or in respect of persons who have held office as Ombudsman.

(5) Any abatement under paragraph (3) shall be disregarded in computing the salary of any person for the purposes of any pension or other benefit payable by virtue of Schedule 1.

(6) Except in so far as Schedule 1 otherwise provides, any salary, pension or other benefit payable under this Article shall be charged on and issued out of the Consolidated Fund.

Appointment of acting Ombudsman

6.—(1) Where the office of Ombudsman becomes vacant, Her Majesty may, pending the appointment of a new Ombudsman, appoint a person under this Article to act as the Ombudsman at any time during the period of 12 months beginning with the date on which the vacancy arose.

(2) A person appointed under this Article shall hold office during Her Majesty’s pleasure and, subject to that, shall hold office—

(a)until the appointment of a new Ombudsman or the expiry of the period of 12 months beginning with the date on which the vacancy arose, whichever occurs first; and

(b)in other respects, in accordance with the terms and conditions of his appointment which shall be such as the Department may determine.

(3) A person appointed under this Article shall, while he holds office, be treated for all purposes, except those of Articles 4 and 5, as the Ombudsman.

(4) Any salary, pension or other benefit payable by virtue of this Article shall be charged on and issued out of the Consolidated Fund.

Staff and expenses

7.—(1) The Ombudsman may appoint such officers as he may determine with the approval of the Department as to numbers and conditions of service.

(2) The Northern Ireland Commissioner for Complaints may authorise any of his officers to assist the Ombudsman in the exercise of the functions of the Ombudsman under this Order.

(3) Any function of the Ombudsman under this Order may be performed by any officer of the Ombudsman or of the Northern Ireland Commissioner for Complaints authorised for the purpose by the Ombudsman.

(4) References in this Order to officers of the Ombudsman include references to officers of the Northern Ireland Commissioner for Complaints acting under this Article.

(5) The expenses of the Ombudsman under this Order shall, to such amount as the Department may approve, be defrayed out of money appropriated by Measure.

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