The Scottish Public Services Ombudsman Act 2002 (Consequential Provisions and Modifications) Order 2004
| Jurisdiction | UK Non-devolved |
| Citation | SI 2004/1823 |
| Year | 2004 |
2004 No. 1823 (S. 4)
CONSTITUTIONAL LAW
DEVOLUTION, SCOTLAND
SCOTTISH PUBLIC SERVICES OMBUDSMAN
The Scottish Public Services Ombudsman Act 2002 (Consequential Provisions and Modifications) Order 2004
Made 13th July 2004
Coming into force 14th July 2004
Whereas a draft of this Order has been laid before and approved by a resolution of each House of Parliament in accordance with section 115 of, and paragraphs 1, 2 and 3 of Schedule 7 to, the Scotland Act 1998(1);
Now, therefore, the Secretary of State, in exercise of the powers conferred upon him by sections 104, 112(1) and 113 of that Act and of all other powers enabling him in that behalf, hereby makes the following Order:
Citation and commencement
1. This Order may be cited as the Scottish Public Services Ombudsman Act 2002 (Consequential Provisions and Modifications) Order 2004 and shall come into force on the day after the day on which it is made.
Interpretation
2. In this Order–
“the Act” means the Scottish Public Services Ombudsman Act 2002(2);
“the Cabinet” means the Cabinet of the UK Government; and
“Ombudsman” means the Scottish Public Services Ombudsman appointed under section 1 of the Act.
Evidence
3.—(1) No person shall be required or authorised by virtue of the Act to furnish any information or answer any questions relating to the proceedings of the Cabinet or any committee of the Cabinet or to produce so much of any document as relates to such proceedings.
(2) For the purposes of paragraph (1), a certificate issued by the Secretary of the Cabinet, with the approval of the Prime Minister, and certifying that any information, question, document or part of a document so relates shall be conclusive.
Confidentiality of information
4.—(1) A Minister of the Crown may give notice in writing to the Ombudsman with respect to–
(a)
(a) any document or information specified in the notice, requested by virtue of an investigation under the Act; or
(b)
(b) any class of documents or information so specified,
that, in the opinion of the Minister, the disclosure of the document or information, or of documents or information of that class, would be prejudicial to the safety of the State or otherwise contrary to the public interest.
(2) Where such a notice is given nothing in the Act shall be construed as authorising or requiring the Ombudsman or any of the Ombudsman’s advisers to communicate to any person for any purpose any document or information specified in the notice, or any document or information of a class so specified.
Parliamentary Commissioner Act 1967 (c. 13)
5.—(1) The Parliamentary Commissioner Act 1967 is amended as follows.
(2) In section 3(2) (administrative provisions)(3) omit “or of the Health Service Commissioner for Scotland”.
(3) In section 11A (consultations between the Parliamentary Commissioner and Welsh Administration Ombudsman or Health Service Commissioners)(4)–
(a)
(a) in subsection (1)–
(i) after the words “Welsh Administration Ombudsman”, insert “, the Scottish Public Services Ombudsman”;
(ii) for “, Wales or Scotland” substitute “or Wales”; and
(iii) in paragraph (b) after “1998”, insert, “,” and after “1993”, insert “, or the Scottish Public Services Ombudsman Act 2002”;”;
(b)
(b) in subsection (2) after “Ombudsman” insert “, the Scottish Public Services Ombudsman”; and
(c)
(c) after that subsection insert–
“2A Where an authority to which this Act applies is also a listed authority to which the Scottish Public Services Ombudsman Act 2002 applies, the Commissioner must co-operate with the Scottish Public Services Ombudsman to such an extent as appears appropriate when exercising any function in relation to that authority.”.
Local Government Act 1974 (c. 7)
6. In section 33 of the Local Government Act 1974 (consultation between Local Commissioner, the Parliamentary Commissioner and the Health Service Commissioner)(5)–
(a) in subsection (1)–
(i) in paragraph (aa) omit “or”;
(ii) after paragraph (b), insert–
“or
(c)
(c) by the Scottish Public Services Ombudsman in accordance with the Act of 2002,”;
(iii) after “appropriate Commissioner or” omit “the”; and
(iv) for “or under the Act of 1993” substitute “, the Act of 1993 or under the Act of 2002”;
(b) in subsection (2)–
(i) after “Welsh Administration Ombudsman” insert “, the Scottish Public Services Ombudsman”; and
(ii) for “the Ombudsman”, substitute “that Ombudsman”;
(c) in subsection (5) after “the Government of Wales Act 1998” insert “, in section 19 of the Act of 2002”; and
(d) in subsection (6) after “Act 1993” insert “and the Act of 2002” means the Scottish Public Services Ombudsman Act 2002”.
House of Commons Disqualification Act 1975 (c. 24)
7. In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (other disqualifying offices)(6) omit “Commissioner for Local Administration in Scotland.” and “Health Service Commissioner for Scotland.” and insert at the appropriate place “Scottish Public Services Ombudsman.”.
Northern Ireland Assembly Disqualification Act 1975 (c. 25)
8. In Part 3 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (other disqualifying offices)(7) omit “Commissioner for Local Administration in Scotland” and “Health Service Commissioner for Scotland”, and insert at the appropriate place “Scottish Public Services Ombudsman”.
Mental Health Act 1983 (c. 20)
9. In section 134(3)(c) of the Mental Health Act 1983 (correspondence of patients)(8), after “the Parliamentary Commissioner for Administration,” insert “the Scottish Public Services Ombudsman,”.
10. In section 182 of the Finance Act 1989 (disclosure of information)(9)–
(a) in subsection (4)(a)(iii) omit “or”;
(b) after subsection (4)(a)(iv) insert–
“or
(v)
(v) of the Scottish Public Services Ombudsman and any member of his staff,”;
(c) in subsection (6) for “or the Welsh Administration Ombudsman” substitute “, the Welsh Administration Ombudsman or the Scottish Public Services Ombudsman”; and
(d) in subsection (11)(c) omit “the Health Service Commissioner for Scotland,”.
Official Secrets Act 1989 (Prescription) Order 1990 (S.I.1990/200)
11. InSchedule 2 to the Official Secrets Act 1989 (Prescription) Order 1990 (prescriptions)(10)–
(a) in column 2 omit “or Scotland” where it occurs in the reference to the Parliamentary Commissioner for Administration;
(b) in column 1 insert “Scottish Public Services Ombudsman” after the reference to Northern Ireland Parliamentary Commissioner for Administration; and
(c) in column 2 opposite the entry inserted by paragraph (b) above, insert–
“The officers of the Ombudsman who are not otherwise Crown servants”. |
Social Security Administration Act 1992 (c. 5)
12. In section 123(8) of the Social Security Administration Act 1992 (unauthorised disclosure of information relating to particular persons)(11)–
(a) in paragraph (g) for “the Health Service Commissioner for Scotland” substitute “the Scottish Public Services Ombudsman”;
(b) paragraph (hc) is omitted in its entirety; and
(c) in paragraph (k)–
(i) after “the Commissioners” insert “, Ombudsman”; and
(ii) for “(hc)” substitute “(hb)”.
Social Security Administration (Northern Ireland) Act 1992 (c. 8)
13. In section 117(8) of the Social Security Administration (Northern Ireland) Act 1992 (unauthorised disclosure of information relating to particular persons)(12)–
(a) in paragraph (h) for “, Wales or Scotland” substitute “or Wales”;
(b) in paragraph (hc) for “the Commissioner for Local Administration in Scotland” substitute “the Scottish Public Services Ombudsman”; and
(c) in paragraph (i)–
(i) for “(hc)” substitute “(hb)”; and
(ii) after “above” where it first occurs insert “, or of the Scottish Public Services Ombudsman”.
Tribunals and Inquiries Act 1992 (c. 53)
14. In section 2(3) of the Tribunals and Inquiries Act 1992 (composition of the Council and the Scottish Committee)(13) for “shall, by virtue of his office, be a member” substitute “and the Scottish Public Services Ombudsman shall by virtue of their offices be members”.
Judicial Pensions and Retirement Act 1993 (c. 8)
15. In section 25 of the Judicial Pensions and Retirement Act 1993 (the Comptroller and Auditor General and the Parliamentary and Health Service Commissioners etc.)(14) omit paragraph (d).
Child Support (Information, Evidence and Disclosure) Regulations (S.I.1992/1812)
16. In regulation 11(e) of the Child Support (Information, Evidence and Disclosure) Regulations 1992 (employment to which section 50 of the Act applies)–
(a) in paragraph (e) for “the Health Service Commissioner for Scotland” substitute “the Scottish Public Services Ombudsman”; and
(b) in paragraph (h) after “Commissioners” insert “or of the Ombudsman”.
Health Service Commissioners Act 1993 (c. 46)
17.—(1) The Health Service Commissioners Act 1993(15) is amended as follows.
(2) In section 1 (the Commissioners)(16)–
(a)
(a) in subsection (1)–
(i) after “England,” insert “and”; and
(ii) omit “, and (c) a Health Service Commissioner for Scotland”; and
(b)
(b) in subsection (3) omit “and the Health Service Commissioner for Scotland”.
(3) In section 2 (bodies subject to investigation)(17) omit subsection (3).
(4) In section 2A...
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