64ASecretary of State’s power to make regulations

1

The Secretary of State may make regulations containing provision of any kind within section 64(1), (2) or (2A) for purposes connected with—

a

excepted or reserved matters (within the meaning given by section 4 of the Northern Ireland Act 1998132);

b

matters in respect of which a function is conferred or imposed on the Secretary of State by or under a statutory provision.

2

The Secretary of State may by regulations provide that, subject to such exceptions as may be prescribed, to the extent that the subject matter of a complaint falls within the jurisdiction of—

a

the tribunal constituted under section 65(1) of the Regulation of Investigatory Powers Act 2000133, or

b

a person appointed under Part 4 of that Act,

the Ombudsman shall not investigate it.

3

Regulations under this section may authorise the Secretary of State to make provision for any purposes specified in the regulations.

4

Before making any regulations under this section, the Secretary of State shall consult the Department of Justice and the persons mentioned in section 64(4)(a) to (c).

5

Regulations made by the Department of Justice under section 64 have effect subject to regulations made by the Secretary of State under this section.