9.—(1) Subject to the provisions of this Order, the Ombudsman may investigate any action taken—
(a)by or on behalf of a department or other authority to which this Order applies; and
(b)in the exercise of administrative functions of that department or authority.
(2) The Ombudsman may investigate any action taken as mentioned in paragraph (1) only if—
(a)a written complaint is duly made to a member of the Assembly by a member of the public who claims to have sustained injustice in consequence of maladministration in connection with the action so taken; and
(b)the complaint is referred to the Ombudsman, with the consent of the person who made it, by a member of the Assembly with a request to conduct an investigation into it.
(3) In this Order “person aggrieved” means the person who claims or is alleged to have sustained such injustice as is mentioned in paragraph (2)(a).
[F1(3A) For the purposes of this Article, administrative functions exercisable by any person appointed or assigned by the Department of Justice to serve as a member of the administrative staff of any court or tribunal shall be taken to be administrative functions of that Department.]
(4) For the purposes of this Article, administrative functions exercisable by any person appointed or assigned to serve as a member of the administrative staff of a tribunal listed in Schedule 3 —
(a)by a department or authority to which this Order applies; or
(b)with the consent (whether as to remuneration and other terms and conditions of service or otherwise) of such a department or authority,
shall be taken to be administrative functions of that department or authority.
(5) The Department may by order amend Schedule 3 by the alteration or removal of any entry or the insertion of any additional entry.
F2functions transf. by SR 1999/481