Ombudsman (Northern Ireland) Order 1996
| Jurisdiction | UK Non-devolved |
| Citation | SI 1996/1298 |
| Year | 1996 |
1996 No. 1298 (N.I. 8)
NORTHERN IRELAND
The Ombudsman (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, as follows:—
Introductory
Title and commencement
1.—(1) This Order may be cited as the Ombudsman (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.
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;
“the Crown” (except in the expression “Minister of the Crown”) means the Crown in right of Her Majesty’s Government in Northern Ireland;
“department” means a department of the Government of Northern Ireland;
“the Department” means the Department of Finance and Personnel;
“officer” includes employee;
“the Ombudsman” means the Assembly Ombudsman for Northern Ireland;
“person aggrieved” has the meaning assigned by Article 9(3);
“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 Assembly Ombudsman for Northern Ireland
The Assembly Ombudsman for Northern Ireland
3.—(1) The Northern Ireland Parliamentary Commissioner for Administration shall hereafter be known as the Assembly Ombudsman for Northern Ireland.
(2) For any reference in any statutory provision to the Northern Ireland Parliamentary Commissioner for Administration there shall be substituted a reference to the Assembly Ombudsman for Northern Ireland.
(3) During the interim period (within the meaning of section 1(4) of the3Northern Ireland Act 1974) the Assembly Ombudsman for Northern Ireland may also be referred to as the Parliamentary, Ombudsman for Northern Ireland.
Appointment and tenure of office
4.—(1) A person appointed under section 36(1) of the 4Northern Ireland Constitution Act 1973 to be the Ombudsman shall, subject to paragraphs (2) and (3), hold office during good behaviour.
(2) A person appointed to be the Ombudsman—
(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.
(3) Her Majesty may declare the office of Ombudsman to have been vacated if she is satisfied that the person appointed to be the Ombudsman is incapable for medical reasons—
(a)
(a) of performing the duties of his office; and
(b)
(b) of requesting to be relieved of it.
Salary and pension
5.—(1) There shall be paid to the holder of the office of Ombudsman 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 Ombudsman shall be abated by the amount of any pension payable to him in T 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 Ombudsman.
(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.
Appointment of acting Ombudsman
6.—(1) Where the office of Ombudsman becomes vacant, Her Majesty may, pending the appointment of a new Ombudsman, appoint a person under this Article to act as the Ombudsman 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 Ombudsman 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 4 and 5, as the Ombudsman.
(4) Any salary, pension or other benefit payable by virtue of this Article shall be charged on and issued out of the Consolidated Fund.
Staff and expenses
7.—(1) The Ombudsman may appoint such officers as he may determine with the approval of the Department as to numbers and conditions of service.
(2) The Northern Ireland Commissioner for Complaints may authorise any of his officers to assist the Ombudsman in the exercise of the functions of the Ombudsman under this Order.
(3) Any function of the Ombudsman under this Order may be performed by any officer of the Ombudsman or of the Northern Ireland Commissioner for Complaints authorised for the purpose by the Ombudsman.
(4) References in this Order to officers of the Ombudsman include references to officers of the Northern Ireland Commissioner for Complaints acting under this Article.
(5) The expenses of the Ombudsman under this Order shall, to such amount as the Department may approve, be defrayed out of money appropriated by Measure.
Investigations by the Ombudsman
Authorities subject to investigation
8.—(1) Subject to the provisions of this Article and to the notes contained in Schedule 2, this Order applies to the departments and other authorities listed in Schedule 2.
(2) The Department may by order amend Schedule 2 by the alteration of any entry or note, the removal of any entry or note or the insertion of any additional entry or note.
(3) Nothing in paragraph (2) authorises the inclusion in Schedule 2 of any authority unless it is—
(a)
(a) a department; or
(b)
(b) an authority whose functions are exercised on behalf of the Crown.
(4) In this Order—
(a)
(a) any reference to a department to which this Order applies includes a reference to the head of that department and the officers of that department;
(b)
(b) any reference to any other authority to which this Order applies includes a reference to the members and officers of that authority.
Matters subject to investigation
9.—(1) Subject to the provisions of this Order, the Ombudsman may investigate any action taken—
(a)
(a) by or on behalf of a department or other authority to which this Order applies; and
(b)
(b) in the exercise of administrative functions of that department or authority.
(2) The Ombudsman may investigate any action taken as mentioned in paragraph (1) only if—
(a)
(a) a written complaint is duly made to a member of the Assembly by a member of the public who claims to have sustained injustice in consequence of maladministration in connection with the action so taken; and
(b)
(b) the complaint is referred to the Ombudsman, with the consent of the person who made it, by a member of the Assembly with a request to conduct an investigation into it.
(3) In this Order “person aggrieved” means the person who claims or is alleged to have sustained such injustice as is mentioned in paragraph (2)(a).
(4) For the purposes of this Article, administrative functions exercisable by any person appointed or assigned to serve as a member of the administrative staff of a tribunal listed in Schedule 3 —
(a)
(a) by a department or authority to which this Order applies; or
(b)
(b) with the consent (whether as to remuneration and other terms and conditions of service or otherwise) of such a department or authority,
shall be taken to be administrative functions of that department or authority.
(5) The Department may by order amend Schedule 3 by the alteration or removal of any entry or the insertion of any additional entry.
Matters not subject to investigation
10.—(1) The Ombudsman shall not conduct an investigation under this Order in respect of any such actions or matters as are described in Schedule 4.
(2) The Department may by order amend Schedule 4 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 the5Northern Ireland Constitution Act 1973, the Ombudsman 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...
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