SCHEDULE 3Amendments of the Scottish Public Services Ombudsman Act 2002 (asp 11)
2Investigations and reports
In section 11 (decisions not to investigate)—
a
in subsection (1) the passage from “after” to “complaint”, where it second occurs, becomes paragraph (a) of the subsection and after it there is inserted
, or
b
decides to discontinue an investigation following a complaint,
b
after subsection (3) there is inserted—
3A
Where the Ombudsman decides to discontinue an investigation following a complaint, any reference in paragraphs (b), (f) and (g) of subsection (2) to the listed authority in question or to the listed authority is to be construed as including a reference to a listed authority—
a
which was not mentioned in the complaint, but
b
whose action was investigated by the Ombudsman in connection with the investigation.
c
after subsection (4) there is inserted—
5
Subsection (4) applies where the Ombudsman decides to discontinue an investigation following a request as it applies where the Ombudsman decides not to conduct such an investigation.
d
accordingly, the title to the section becomes “Decisions not to investigate or to discontinue investigations”.