Constitutional Reform Act 2005 (c. 4)

Part 5 N.I. Judicial Appointments and Removals: Northern Ireland

Chapter 1 N.I. Appointments

Complaints and references N.I.

129 Report procedure N.I.

After section 9E of the 2002 Act insert—

“9F Report procedure

(1) This section applies to a report under section 9E.

(2) The Ombudsman must submit a draft of the report—

(a) to the Lord Chancellor, and

(b) if the complaint was a Commission complaint, to the Commission.

(3) In finalising the report the Ombudsman—

(a) must have regard to any proposal by the Lord Chancellor or the Commission for changes in the draft report;

(b) must include in the report a statement of any such proposal not given effect to.

(4) The report must be signed by the Ombudsman.

(5) If the complaint was a Commission complaint the Ombudsman must send the report in duplicate to the Lord Chancellor and the Commission.

(6) Otherwise the Ombudsman must send the report to the Lord Chancellor.

(7) The Ombudsman must send a copy of the report to the complainant, but that copy must not include information—

(a) which relates to an identified or identifiable individual other than the complainant, and

(b) whose disclosure by the Ombudsman to the complainant would (apart from this subsection) be contrary to section 9I.”