Commissioner for Complaints (Northern Ireland) Order 1996

JurisdictionUK Non-devolved

1996 No. 1297 (N.I. 7)

NORTHERN IRELAND

The Commissioner for Complaints (Northern Ireland) Order 1996

Made 15th May 1996

Coming into operation 16th July 1996

At the Court at Buckingham Palace, the 15th day of May 1996

Present,

The Queen’s Most Excellent Majesty in Council

Whereas a draft of this Order has been approved by a resolution of each House of Parliament:

Now, therefore, Her Majesty, in exercise of the powers conferred by paragraph 1 of Schedule 1 to the1Northern Ireland Act 1974 and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, asfollows:—

Introductory

Introductory

S-1 Title and commencement

Title and commencement

1.—(1) This Order may be cited as the Commissioner for Complaints (Northern Ireland) Order 1996.

(2) This Order shall come into operation on the expiration of two months from the day on which it is made.

S-2 Interpretation

Interpretation

2.—(1) The 2Interpretation Act (Northern Ireland) 1954 shall apply to Article 1 and the following provisions of this Order as it applies to a Measure of the Northern Ireland Assembly.

(2) In this Order—

“action” includes failure to act and other expressions connoting action shall be construed accordingly;

“body concerned”, in relation to an investigation pursuant to a complaint under this Order, means the body against which the complaint was made;

“the Commissioner” means the Northern Ireland Commissioner for Complaints;

“department” means a department of the Government of Northern Ireland;

“the Department” means the Department of Finance and Personnel;

“officer” includes employee;

“person aggrieved” has the meaning assigned by Article S(4);

“statutory provision” has the meaning assigned by section 1 of the Interpretation Act (Northern Ireland) 1954;

“tribunal” includes any authority, body or person having power to determine any matter.

The Northern Ireland Commissioner for Complaints

The Northern Ireland Commissioner for Complaints

S-3 The Northern Ireland Commissioner for Complaints

The Northern Ireland Commissioner for Complaints

3.—(1) There shall continue to be a Commissioner, known as the Northern Ireland Commissioner for Complaints.

(2) A person appointed under section 36(1) of the3Northern Ireland Constitution Act 1973 to be the Commissioner shall, subject to paragraphs (3) and (4), hold office during good behaviour.

(3) A person appointed to be the Commissioner—

(a)

(a) may, at his own request, be relieved of office by Her Majesty;

(b)

(b) may be removed from office by Her Majesty in consequence of an Address from the Assembly; and

(c)

(c) shall in any case vacate office on completing the year of service in which he attains the age of 65 years.

(4) Her Majesty may declare the office of Commissioner to have been vacated if she is satisfied that the person appointed to be the Commissioner is incapable for medical reasons—

(a)

(a) of performing the duties of his office; and

(b)

(b) of requesting to be relieved of it.

S-4 Salary and pension

Salary and pension

4.—(1) There shall be paid to the holder of the office of Commissioner such salary as the Department may by order determine.

(2) An order under paragraph (1) may provide for the salary determined by the order to be payable from such date, whether before or after the making of the order, as may be specified in the order.

(3) The salary payable to a holder of the office of Commissioner shall be abated by the amount of any pension payable to him in respect of any public office in the United Kingdom or elsewhere to which he had previously been appointed or elected.

(4) Schedule 1 shall have effect with respect to the pensions and other benefits to be paid to or in respect of persons who have held office as Commissioner.

(5) Any abatement under paragraph (3) shall be disregarded in computing the salary of any person for the purposes of any pension or other benefit payable by virtue of Schedule 1.

(6) Except in so far as Schedule 1 otherwise provides, any salary, pension or other benefit payable under this Article shall be charged on and issued out of the Consolidated Fund.

S-5 Appointment of acting Commissioner

Appointment of acting Commissioner

5.—(1) Where the office of Commissioner becomes vacant, Her Majesty may, pending the appointment of a new Commissioner, appoint a person under this Article to act as the Commissioner at any time during the period of 12 months beginning with the date on which the vacancy arose.

(2) A person appointed under this Article shall hold office during Her Majesty’s pleasure and, subject to that, shall hold office—

(a)

(a) until the appointment of a new Commissioner or the expiry of the period of 12 months beginning with the date on which the vacancy arose, whichever occurs first; and

(b)

(b) in other respects, in accordance with the terms and conditions of his appointment which shall be such as the Department may determine.

(3) A person appointed under this Article shall, while he holds office, be treated for all purposes, except those of Articles 3 and 4, as the Commissioner.

(4) Any salary, pension or other benefit payable by virtue of this Article shall be charged on and issued out of the Consolidated Fund.

S-6 Staff and expenses

Staff and expenses

6.—(1) The Commissioner may appoint such officers as he may determine with the approval of the Department as to numbers and conditions of service.

(2) The Assembly Ombudsman for Northern Ireland may authorise any of his officers to assist the Commissioner in the exercise of the functions of the Commissioner under this Order.

(3) Any function of the Commissioner under this Order may be performed by any officer of the Commissioner or of the Assembly Ombudsman for Northern Ireland authorised for the purpose by the Commissioner.

(4) References in this Order to officers of the Commissioner include references to officers of the Assembly Ombudsman for Northern Ireland acting under this Article.

(5) The expenses of the Commissioner under this Order shall, to such amount as the Department may approve, be defrayed out of money appropriated by Measure.

Investigations by the Commissioner

Investigations by the Commissioner

S-7 Bodies subject to investigation

Bodies subject to investigation

7.—(1) Subject to the provisions of this Article, this Order applies to the bodies listed in Schedule 2.

(2) The Department may by order amend Schedule 2 by the alteration of any entry, the removal or qualification of any entry or the insertion of any additional entry.

(3) Nothing in paragraph (2) authorises the inclusion in Schedule 2 of—

(a)

(a) a department; or

(b)

(b) a body which does not either—

(i) exercise functions conferred on it by a statutory provision; or

(ii) have its expenses substantially defrayed out of moneys appropriated by Measure.

(4) Any reference in this Order to a body to which this Order applies includes a reference to the members and officers of that body.

S-8 Matters subject to investigation

Matters subject to investigation

8.—(1) Subject to the provisions of this Order, the Commissioner may investigate any action taken—

(a)

(a) by or on behalf of a body to which this Order applies; and

(b)

(b) in the exercise of administrative functions of that body.

(2) Without prejudice to the generality of paragraph (1)(b), action taken in the exercise of administrative functions of a body includes action taken by or on behalf of that body in relation to any appointment or employment in respect of which power to take action, or to determine or approve action to be taken, is vested in that body.

(3) The Commissioner may investigate any action taken as mentioned in paragraph (I) only if a complaint is made to the Commissioner in accordance with this Order by a person who claims to have sustained injustice in consequence of maladministration in connection with the action so taken with a request to conduct an investigation into it.

(4) In this Order “person aggrieved” means the person who claims or is alleged to have sustained such injustice as is mentioned in paragraph (3).

S-9 Matters not subject to investigation

Matters not subject to investigation

9.—(1) The Commissioner shall not conduct an investigation under this Order in respect of any such actions or matters as are described in Schedule 3, otherwise than as authorised by the proviso to paragraph 2 of that Schedule.

(2) The Department may by order amend Schedule 3 so as to exclude from the provisions of that Schedule any such action or matter as is described in that order.

(3) Subject to paragraph (4) and to section 22 of the4Northern Ireland Constitution Act 1973, the Commissioner shall not conduct an investigation under this Order in respect of—

(a)

(a) any action in respect of which the person aggrieved has or had a right of appeal, complaint, reference or review to or before a tribunal constituted under any statutory provision or otherwise;

(b)

(b) any action in respect of which the person aggrieved has or had a remedy by way of proceedings in a court of law.

(4) The Commissioner may conduct an investigation—

(a)

(a) notwithstanding that the person aggrieved has or had such a right or remedy as is mentioned in paragraph (3), if the Commissioner is satisfied that in the particular circumstances it is not reasonable to expect him to resort to or have resorted to it; or

(b)

(b) notwithstanding that the person aggrieved had exercised such a right as is mentioned in paragraph (3)(a), if he complains that the injustice sustained by him remains unremedied thereby and the Commissioner is satisfied that there are reasonable grounds for that complaint.

(5) Nothing in this Order authorises or requires the Commissioner to question the merits of a decision taken without maladministration by a body to which this Order applies in the exercise of a discretion vested in that body.

S-10 Provisions relating to complaints

Provisions relating to complaints

10.—(1) A...

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