Textual Amendments
F1Ss. 16A-16G and cross-heading inserted (1.8.2010) by Public Services Reform (Scotland) Act 2010 (asp 8), ss. 119, 134(7); S.S.I. 2010/221, art. 3(2), sch.
(1)Where a model CHP is relevant to a listed authority by virtue of a specification under section 16C(1) the Ombudsman may declare that the complaints handling procedure of the authority, a description of which was submitted by the authority under section 16C(3) or otherwise, does not comply with the model CHP.
(2)Where there is no specification under section 16C(1) in relation to a listed authority the Ombudsman may declare that the complaints handling procedure of the authority, a description of which was submitted by the authority under section 16E or otherwise, does not comply with the statement of principles.
(3)Where a declaration is made under subsection (1) or (2) the Ombudsman—
(a)must give reasons in writing,
(b)may specify such modifications to the complaints handling procedure as would result in the declaration being withdrawn.
(4)Where a declaration is made under subsection (1) or (2) the listed authority must submit a description of its complaints handling procedure, having taken account of the reasons given under subsection (3)(a) and any modifications specified in subsection (3)(b), within 2 months of the declaration.
(5)The Ombudsman may withdraw a declaration of non-compliance made under subsection (1) or (2) at any time if the Ombudsman thinks fit.]