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Scottish Public Services Ombudsman Act 2002
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Scottish Public Services Ombudsman Act 2002, Section 2 is up to date with all changes known to be in force on or before 06 December 2023. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- Sch. 2 para. 37A inserted by 2007 asp 3 Sch. 5 para. 27 (This amendment not applied to legislation.gov.uk. Sch. 5 para. 27 repealed (31.1.2011) by 2010 asp 8, sch. 4 Pt. 2; S.S.I. 2011/30, art. 3(1), Sch. 1)
- sch. 2 para. 32ZA inserted by 2023 asp 6 sch. 2 para. 1(2)
2 Power of investigationS
This section has no associated Explanatory Notes
(1)The Ombudsman may investigate any matter, whenever arising, if—
(a)the matter consists of action taken by or on behalf of a person liable to investigation under this Act,
(b)the matter is one which the Ombudsman is entitled to investigate, and
(c)a complaint in respect of the matter has been duly made to the Ombudsman.
(2)The Ombudsman may investigate any matter, whenever arising, if—
(a)paragraphs (a) and (b) of subsection (1) are satisfied, and
(b)the person liable to investigation has requested the Ombudsman to investigate the matter.
(3)Without prejudice to paragraph 2(2) of schedule 1, it is for the Ombudsman to decide whether to initiate, continue or discontinue an investigation under subsection (1) or (2).
(4)The Ombudsman may take such action in connection with the complaint or request as the Ombudsman thinks may be of assistance in reaching any such decision.
(5)Such action may, in particular, include action with a view to resolving the complaint or request.
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