The Ombudsman (Northern Ireland) Order 1996

Article 10(1).

SCHEDULE 4 N.I. MATTERS NOT SUBJECT TO INVESTIGATION

1.  Action taken in matters certified by the head of a department to affect relations or dealings between the Government of Northern Ireland and any other Government. N.I.

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

3.  Action taken by any member of the administrative staff of a tribunal listed in Schedule 3, so far as that action is taken at the direction, or on the authority (whether express or implied), of any person acting in his capacity as a member of the tribunal. N.I.

4.  Action taken on behalf of the Department of Health and Social Services by— N.I.

(a) a health and social services board;

(b) a special health and social services agency;

(c) the Northern Ireland Central Services Agency for the Health and Social Services; or

(d) a [F1 Health and Social Care trust].

Annotations:

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F1 Words in Order substituted (1.4.2009) by virtue of Health and Social Care (Reform) Act (Northern Ireland) 2009 (c. 1), ss. 32, 34(3), Sch. 6 para. 1(1)(c) (with Sch. 6 para. 1(3)); S.R. 2009/114, art. 2

5.—(1) Subject to sub-paragraph (2), action taken in matters relating to contractual or other commercial transactions (whether in Northern Ireland or elsewhere) which are transactions of— N.I.

(a) a department or authority to which this Order applies; or

(b) any such body as is mentioned in Article 11(2).

(2) This paragraph does not apply to transactions for or relating to—

(a) the acquisition of land compulsorily or in circumstances in which it could be acquired compulsorily;

(b) the disposal as surplus of land acquired compulsorily or in circumstances in which it could have been acquired compulsorily.

6.—(1) Subject to sub-paragraph (2), action taken in respect of appointments or removals, pay, discipline, superannuation or other personnel matters in relation to— N.I.

(a) service in any office or employment under the Crown or under any authority to which this Order applies;

(b) service—

(i) in any office or employment; or

(ii) under any contract for services,

in respect of which power to take action, or to determine or approve the action to be taken, in such matters is vested in any department or other authority to which this Order applies.

(2) This paragraph does not apply to service in the civil service of Northern Ireland in any department or other authority to which this Order applies.