Ombudsman (Amendment) Act 2012

Amendment of section 1 (definitions) of Principal Act.

3.— Section 1 of the Principal Act is amended—

(a) in subsection (1)—

(i) by inserting the following definitions after the definition of “civil servant”:

“ ‘eligible person’ means—

(a) a person other than a reviewable agency or an exempt agency, and

(b) a person (being an individual who constitutes, or is a member, officer, employee or agent of, a reviewable agency or an exempt agency) in that person’s private capacity;

‘entity’ means a person, body of persons, organisation or group, including, in particular, an organ of government, or an element of an organ of government, at national or local level;

‘exempt agency’ means—

(a) an entity specified in the Second Schedule,

(b) an element of a reviewable agency that is excluded from review by—

(i) Part II of the First Schedule, or

(ii) an order under section 1A or 4(10);”.

(ii) in the definition of “local authority”, by deleting “Local Government Act, 1941” and substituting “Local Government Act 2001”, and

(iii) by substituting the following definitions for the definition of “the Minister”:

“ ‘Minister’ means the Minister for Public Expenditure and Reform;

‘reviewable agency’ means—

(a) an entity (whether established before or after the enactment of the Ombudsman (Amendment) Act 2012) within the meaning of Part I of the First Schedule, except to the extent that any element of that entity is expressed by Part II of that Schedule or an order under section 4(10) to be excluded from review, and

(b) an entity declared by an order under section 1A to be a reviewable agency, except to the extent that any element of that entity is expressed by that order to be excluded.”,

(b) in subsection (3)—

(i) by substituting “an entity (other than a Department of State) that is a reviewable agency or an exempt agency” for “a person (other than a Department of State) specified in the Schedules to this Act”, and

(ii) by substituting “the entity” for “the person” in each place where it occurs.