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The Scottish Public Services Ombudsman Act 2002 (Consequential Provisions and Modifications) Order 2004

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Explanatory Note

(This note is not part of the Order)

This Order makes provision consequential on the Scottish Public Services Ombudsman Act 2002 (“the 2002 Act”).

Section 13(7) and (8) of the 2002 Act ensure that the Ombudsman cannot require any person to supply information, or answer questions, relating to proceedings of the Scottish Cabinet. Article 3 of the Order makes the same provision in respect of the UK Cabinet.

Section 19(6) and (7) of the 2002 Act provides that where a member of the Scottish Executive gives the Ombudsman notice that disclosure of any document or information would be contrary to the public interest, the Ombudsman is prevented from communicating such documents or information for any purpose. Article 4 of the Order makes equivalent provision for Ministers of the Crown.

Section 21 of the 2002 Act makes provision for the Scottish Public Services Ombudsman to consult with other national Ombudsmen, Parliamentary and Health Commissioners. Articles 5, 6, 17 and 20 accordingly update references and existing legislation to take account of section 21 of the 2002 Act.

Articles 7 to 19 make other consequential modifications required as a result of the 2002 Act.

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