Scottish Public Services Ombudsman Act 2002 Explanatory Notes

Investigations by the Ombudsman

Section 15 – Reports on investigations

58.This section sets out how the Ombudsman must report on investigations. In particular, it specifies who should receive copies of an investigation report, requires a copy to be laid before the Parliament, provides that a report must not normally identify any person (other than the listed authority) and sets out requirements for publicising an investigation report.

59.Subsection (2)provides that section 11(3) of the Act applies in respect of reports subsequent to complaints, so that when a person is no longer authorised to act for the purposes of section 9(1)(b), the Ombudsman is to send a copy of the report to whomever he/she considers is acting in a similar capacity. Subsection (7)provides that any person who obstructs another person from inspecting or obtaining a copy of an investigation report shall be guilty of an offence. On conviction a person would be liable to a fine not exceeding level 3 (currently £1,000) on the standard scale.

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