Section 10: Other excluded matters
36.Section 10(1) provides that the Ombudsman cannot investigate the excluded matters set out in Schedule 2 to the Act. Section 10(2) allows the Assembly, by order, to add to, remove or alter the entries appearing, from time to time, in Schedule 2 to the Act. Such an order is to be made by statutory instrument (section 44(1)) and is to be regarded as Assembly general subordinate legislation (section 44(3)). Consequently such orders will be subject to the Assembly’s subordinate legislation procedures. Before making such an order, the Assembly must consult the Ombudsman (section 10(3)).
37.Section 10(4) puts beyond doubt that despite the exclusions in Schedule 2 the Ombudsman may investigate the operation by a listed authority of any procedure established to examine complaints or review decisions. So, for example, the Ombudsman is excluded from investigating a matter that relates to the determination of the amount of rent (paragraph 5 of Schedule 2 to the Act). Section 10(4) ensures that this does not prevent him from investigating the manner in which a complaint about the determination of rent was considered under an authority’s complaints procedure.
