Part 6Legal Complaints

Information

147Information and documents

1

An ombudsman may, by notice, require a party to a complaint under the ombudsman scheme—

a

to produce documents, or documents of a description, specified in the notice, or

b

to provide information, or information of a description, specified in the notice.

2

A notice under subsection (1) may require the information or documents to be provided or produced—

a

before the end of such reasonable period as may be specified in the notice, and

b

in the case of information, in such manner or form as may be so specified.

3

This section applies only to information and documents the provision or production of which the ombudsman considers necessary for the determination of the complaint.

4

An ombudsman may—

a

take copies of or extracts from a document produced under this section, and

b

require the person producing the document to provide an explanation of it.

5

If a person who is required under this section to produce a document fails to do so, an ombudsman may require that person to state, to the best of that person’s knowledge and belief, where the document is.

6

No person may be required under this section—

a

to provide any information which that person could not be compelled to provide or give in evidence in civil proceedings before the High Court, or

b

to produce any document which that person could not be compelled to produce in such proceedings.

7

In this section “party”, in relation to a complaint, means—

a

the complainant;

b

the respondent;

c

any other person who in accordance with the scheme rules is to be regarded as a party to the complaint.