|
|
Amendment of section 6 (reports, etc., by the Ombudsman) of Principal Act.
|
9.— Section 6 of the Principal Act is amended by substituting the following subsections for subsections (2), (3) and (4):
|
|
| |
“(2) In any case where the Ombudsman conducts an investigation under this Act, the Ombudsman shall send a statement in writing of the results of the investigation to—
|
|
| |
(a) the reviewable agency concerned,
|
|
| |
(b) the Department of State in which are comprised the business and functions of, or which performs functions in relation to, a reviewable agency (other than a Department of State) to whom a statement is sent under paragraph (a),
|
|
| |
(c) any other person who has or, in a case where a complaint in relation to the action the subject of the investigation has been made to the Ombudsman, is alleged in the complaint to have taken or authorised the action, and
|
|
| |
(d) any other person to whom the Ombudsman considers it appropriate to send the statement.
|
|
| |
(3) Where, following an investigation under this Act into an action, it appears to the Ombudsman that the action adversely affected an eligible person and was of a kind referred to in section 4(2)(b), the Ombudsman—
|
|
| |
(a) may recommend to the reviewable agency concerned—
|
|
| |
(i) that the matter in relation to which the action was taken be further considered,
|
|
| |
(ii) that measures or specified measures be taken to remedy, mitigate or alter the adverse affect of the action, or
|
|
| |
(iii) that the reasons for taking the action be given to the Ombudsman,
|
|
| |
and
|
|
| |
(b) may also request that reviewable agency to notify the Ombudsman within a specified time of the agency’s response to the recommendation.
|
|
| |
(3A) Where the Ombudsman makes a recommendation to a reviewable agency under subsection (3)(a)(ii) in relation to an action of a particular kind, the Ombudsman—
|
|
| |
(a) may make a recommendation in general terms to such reviewable agencies as the Ombudsman considers appropriate with regard to remedying, mitigating or altering the adverse effect on eligible persons of actions of that kind by any such reviewable agency, and
|
|
| |
(b) may also request any such reviewable agency to notify him or her within a specified time of the response of that reviewable agency to the recommendation.
|
|
| |
(4) Where the Ombudsman carries out an investigation under this Act into an action the subject of a complaint referred to in section 4(3)(a), the Ombudsman shall notify the person who made the complaint of—
|
|
| |
(a) the result of the investigation,
|
|
| |
(b) the recommendation (if any) made under subsection (3)(a) in relation to the matter, and
|
|
| |
(c) the response (if any) made to that recommendation by the reviewable agency concerned.”.
|
