References to the PPF Ombudsman
Section 213: Reference of reviewable matter to the PPF Ombudsman
780.This section provides that regulations must make provision for prescribed persons to be able to refer reconsideration decisions under section 207 (review and reconsideration by the Board of reviewable matters) to the PPF Ombudsman. Subsection (3) provides that the regulations must require the PPF Ombudsman to conduct an oral hearing or dispose of the matter by written representations. The PPF Ombudsman shall be allowed to consider any evidence not previously available to the Board or the Reconsideration Committee of the Board.
781.Subsection (4) provides that regulations may make provision in relation to investigations and determinations of the PPF Ombudsman. For example, the regulations may deal with rights to make representations to the PPF Ombudsman, costs and expenses, and staying certain proceedings in prescribed circumstances. Subsection (5) provides that regulations may also make other provision. For example, they may confer power on the PPF Ombudsman to direct the Board to pay such compensation as he may direct, and to confer on the Board such other powers as may be required when the PPF Ombudsman remits a matter to it.
Section 214: Investigation by PPF Ombudsman of complaints of maladministration
782.This section provides that regulations may make provision for the investigation and determination by the PPF Ombudsman of complaints of maladministration made against the Board. Subsection (2) provides that regulations must make provision for who may make references, the manner of making them, the procedure for investigations and determinations, the powers of the PPF Ombudsman when making determinations, conferring necessary powers on the Board, about notification of references, determinations and directions, rights to make representations, the consideration of evidence by the PPF Ombudsman, cost and expenses etc.
Section 215: Referral of questions of law
783.Where a “reviewable matter” or complaint of maladministration has been referred to the PPF Ombudsman for a determination, he may refer any question of law that arises to the High Court (or Court of Session in Scotland).
Section 216: Publishing reports etc
784.Subsection (1) provides for the PPF Ombudsman to publish a report of any investigation undertaken and its result. Subsection (2) provides that, for defamation purposes, any matter published by the PPF Ombudsman under Chapter 6 shall be absolutely privileged.
Section 217: Determinations of the PPF Ombudsman
785.This section provides that a determination or direction of the PPF Ombudsman is binding subject to a right of appeal, on a point of law, to the High Court or, in Scotland, to the Court of Session. Subsection (2) provides that a determination or direction is enforceable as if it were a judgement or order of court. Similar provision is made for enforcement in Scotland.
Section 218: Obstruction etc of the PPF Ombudsman
786.If the PPF Ombudsman is obstructed in the performance of his functions or if any person is guilty of an act or omission in relation to certain PPF Ombudsman investigations, this section provides that he may certify the offence to a court. The court may then inquire into the matter and deal with the person as if the offence in question had been made in relation to the court. Subsection (4) makes similar provision in Scotland.
