The Scottish Public Services Ombudsman Act 2002 Amendment Order 2016

Draft Order laid before the Scottish Parliament under section 24(2) of the Scottish Public Services Ombudsman Act 2002, for approval by resolution of the Scottish Parliament.

Draft Scottish Statutory Instruments

2016 No.  

Scottish Public Services Ombudsman

The Scottish Public Services Ombudsman Act 2002 Amendment Order 2016

Made

2016

Coming into force in accordance with article 1

At the Court at Buckingham Palace, the      day of      

Present,

The Queen’s Most Excellent Majesty in Council

This Order is made in exercise of the powers conferred by section 3(2)(c) of the Scottish Public Services Ombudsman Act 2002(1) and all other powers enabling Her Majesty to do so.

In accordance with section 24(2) of that Act, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.

Accordingly, Her Majesty is pleased, by and with the advice of Her Privy Council, to order as follows.

Citation and commencement

1.  This Order may be cited as the Scottish Public Services Ombudsman Act 2002 Amendment Order 2016 and comes into force on the day after the day on which it is made.

Amendment of the Scottish Public Services Ombudsman Act 2002

2.  In Part 2 of schedule 2 to the Scottish Public Services Ombudsman Act 2002 (listed authorities, entries amendable by Order in Council), after the entry relating to ILF Scotland in paragraph 25ZB(2), insert—

“25ZC An integration joint board established by order under section 9(2) of the Public Bodies (Joint Working) (Scotland) Act 2014(3).”.

Name

Clerk of the Privy Council

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends Part 2 of schedule 2 to the Scottish Public Services Ombudsman Act 2002 (“the 2002 Act”) to add a reference to integration joint boards as a class of “listed authorities” for the purposes of the 2002 Act. Integration joint boards are established by order made under section 9 of the Public Bodies (Joint Working) (Scotland) Act 2014 in respect of a particular local government area for the purpose of integrating health and social care services within that area.

Listed authorities are liable to investigation by the Scottish Public Services Ombudsman by virtue of section 3(1) of the 2002 Act. By virtue of section 16A of that Act, each listed authority is also obliged to have a complaints handling procedure which complies with principles published by the Ombudsman.

(1)

2002 asp 11. Section 24(2) has been modified by paragraph 5 of schedule 3 to the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10).

(2)

Paragraph 25ZB was inserted by S.S.I. 2015/286.

(3)

2014 asp 9.