British-Irish Agreement Act, 1999

Application of Ombudsman Act, 1980.

50.—(1) In this section—

“the Act of 1980” means the Ombudsman Act, 1980 ;

“the Northern Ireland Ombudsman” means the person who performs in Northern Ireland functions corresponding to those of the Ombudsman.

(2) The Act of 1980 shall apply in relation to the Bodies with any necessary modifications and as if there were a reference to each of them in Part I of the First Schedule to that Act, but such application shall be restricted to actions taken in the State by or on behalf of a Body.

(3) During a preliminary examination or an investigation under the Act of 1980 of an action taken by or on behalf of a Body, the Ombudsman shall consult with the Northern Ireland Ombudsman in relation to the conduct of the examination or investigation and, where he or she considers it appropriate to do so, may make available to the Northern Ireland Ombudsman information (including a copy of a document) furnished to him or her for the purposes of the examination or investigation; but, any decision or recommendation falling to be made following such an examination or investigation shall be made solely by the Ombudsman and he or she shall furnish a statement in writing of any such decision or recommendation to the Northern Ireland Ombudsman.

(4) Where a complaint is made to the Northern Ireland Ombudsman in relation to an action taken in the State by or on behalf of a Body and the matter is referred to the Ombudsman by the Northern Ireland Ombudsman, the Act of 1980 shall apply as if a complaint in relation to the matter had been duly made under that Act to the Ombudsman.

(5) Where a complaint is made to the Ombudsman in relation to an action taken in Northern Ireland by or on behalf of a Body, he or she shall refer the matter to the Northern Ireland Ombudsman and shall furnish to him or her any information (including a copy of a document) in relation to the matter in his or her possession.

(6) The Ombudsman shall, when so requested by the Northern Ireland Ombudsman in relation to the investigation by the Ombudsman for Northern Ireland of an action taken in Northern Ireland by or on behalf of a Body, liaise and consult with him or her in relation to the matter.