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Public Services Ombudsman Act (Northern Ireland) 2016

2016 nia 4 · Enacted 19 February 2016 · Extends to Northern Ireland

Not fully up to date. 2 changes made by later legislation have not yet been written into this text, which is revised to 8 October 2026.

See the changes not yet applied
ProvisionChangeMade by
Sch. 3entry insertedJustice Act (Northern Ireland) 2016 Sch. 3 para. 15
Sch. 3words insertedInquiry (Mother and Baby Institutions, Magdalene Laundries and Workhouses) and Redress Scheme Act (Northern Ireland) 2026 Sch. 1 para. 16

An Act to Establish and make provision about the office of the Northern Ireland Public Services Ombudsman; to abolish the offices of the Northern Ireland Commissioner for Complaints and the Assembly Ombudsman for Northern Ireland; to provide that the Northern Ireland Public Services Ombudsman is, by virtue of holding that office, the Northern Ireland Judicial Appointments Ombudsman; and for connected purposes.

[19th February 2016]

BE IT ENACTED by being passed by the Northern Ireland Assembly and assented to by Her Majesty as follows:

Contents

  1. Part 1: THE NORTHERN IRELAND PUBLIC SERVICES OMBUDSMAN
  2. 1The Northern Ireland Public Services Ombudsman
  3. 2Independence
  4. 3Appointment
  5. 4Abolition of existing offices
  6. Part 2: INVESTIGATIONS
  7. Power of investigation
  8. 5Power to investigate complaints made by a person aggrieved
  9. 6Power to investigate complaints referred by a listed authority
  10. 7Acting on behalf of a person aggrieved
  11. 8Power to investigate on own initiative
  12. 9Criteria for own initiative investigations
  13. 10Alternative resolution of complaints
  14. 11Purposes of investigation
  15. Listed authorities
  16. 12Listed authorities
  17. 13Meaning of action taken by a listed authority
  18. Matters which may be investigated
  19. 14Matters which may be investigated: general
  20. 15Matters which may be investigated: health and social care bodies
  21. 16Matters which may be investigated: general health care providers
  22. 17Matters which may be investigated: independent providers of health and social care
  23. 18Matters which may be investigated: universities
  24. 19Administrative functions of staff of tribunals
  25. 20Exclusion: public sector employment
  26. 21Exclusion: other remedies available
  27. 22Other excluded matters
  28. 23Decisions taken without maladministration
  29. Procedure for making complaint to the Ombudsman
  30. 24Complaints handling procedure to be invoked and exhausted
  31. 25Duty to inform person aggrieved about the Ombudsman
  32. 26Form and time limit for making complaint
  33. 27Meaning of exhausting the complaints handling procedure
  34. Procedure for complaint referred to the Ombudsman
  35. 28Procedure for complaint referred to the Ombudsman
  36. Procedure for own initiative investigations
  37. 29Procedure for own initiative investigations
  38. Conduct of investigations
  39. 30Investigation procedure
  40. 31Information, documents, evidence and facilities
  41. 32Privileged and confidential information
  42. 33Obstruction and contempt
  43. Part 3: COMPLAINTS HANDLING PROCEDURE
  44. 34Meaning of complaints handling procedure
  45. 35Statement of principles
  46. 36Obligation for listed authority to have complaints handling procedure
  47. 37Model complaints handling procedures
  48. 38Obligation for listed authority to comply with model CHPs
  49. 39Declaration of non-compliance of complaints handling procedure
  50. 40Submission of description of complaints handling procedure: general
  51. 41Application of other enactments
  52. 42Promotion of best practice etc.
  53. Part 4: MISCELLANEOUS AND GENERAL
  54. Reports
  55. 43Reports on investigations
  56. 44Publication of reports on investigations in the public interest
  57. 45Publication of reports on own initiative investigations
  58. 46Reports to the Assembly
  59. 47Reports and privileged information
  60. Protection from defamation
  61. 48Privilege for certain publications
  62. Disclosure
  63. 49Disclosure of information
  64. 50Disclosure contrary to public interest
  65. Consultation and co-operation with other ombudsmen
  66. 51Consultation and co-operation with other ombudsmen
  67. Court proceedings
  68. 52Application to county court by person aggrieved
  69. 53Relief granted by county court
  70. 54Application to High Court by Attorney General
  71. 55Relief granted by High Court
  72. 56Court proceedings and privileged information
  73. 57Supplementary provision in relation to court proceedings
  74. Part 5: THE NORTHERN IRELAND JUDICIAL APPOINTMENTS OMBUDSMAN
  75. 58Ombudsman to be Judicial Appointments Ombudsman
  76. Part 6: SUPPLEMENTARY PROVISIONS
  77. 59Interpretation
  78. 60Power to make further provision
  79. 61Orders
  80. 62Amendments to Part 9 of the Local Government Act (Northern Ireland) 2014
  81. 63Other minor and consequential amendments
  82. 64Commencement
  83. 65Repeals
  84. 66Short title
  85. Schedule 1: THE NORTHERN IRELAND PUBLIC SERVICES OMBUDSMAN
  86. Status
  87. 1Paragraph 1
  88. Eligibility
  89. 2Paragraph 2
  90. 3Paragraph 3
  91. 4Paragraph 4
  92. 5Paragraph 5
  93. Salary
  94. 6Paragraph 6
  95. Pension
  96. 7Paragraph 7
  97. Other terms and conditions of appointment
  98. 8Paragraph 8
  99. Removal from office
  100. 9Paragraph 9
  101. Resignation
  102. 10Paragraph 10
  103. Restrictions on subsequent employment
  104. 11Paragraph 11
  105. Acting Ombudsman
  106. 12Paragraph 12
  107. General powers
  108. 13Paragraph 13
  109. Delegation of functions
  110. 14Paragraph 14
  111. Staff
  112. 15Paragraph 15
  113. Advisers
  114. 16Paragraph 16
  115. Expenses
  116. 17Paragraph 17
  117. Budget estimates
  118. 18Paragraph 18
  119. Accounts and audit
  120. 19Paragraph 19
  121. Meaning of ‘financial year’
  122. 20Paragraph 20
  123. Schedule 2: TRANSFER OF ASSETS, LIABILITIES, STAFF, AND OTHER TRANSITIONAL AND SAVINGS ARRANGEMENTS
  124. Transfer of assets and liabilities
  125. 1Paragraph 1
  126. 2Paragraph 2
  127. 3Paragraph 3
  128. 4Paragraph 4
  129. Transfer of staff
  130. 5Paragraph 5
  131. Transfer of seconded staff
  132. 6Paragraph 6
  133. Accounts and reports: transitional arrangements
  134. 7Paragraph 7
  135. Pension of holders of existing offices
  136. 8Paragraph 8
  137. Complaints made to an existing office before the transfer day
  138. 9Paragraph 9
  139. Action taken but complaint not made to existing office before the transfer day
  140. 10Paragraph 10
  141. Eligibility of holders of existing offices to be appointed as Ombudsman
  142. 11Paragraph 11
  143. Commissioner for Public Appointments
  144. 12Paragraph 12
  145. Interpretation
  146. 13Paragraph 13
  147. Schedule 3: LISTED AUTHORITIES
  148. Northern Ireland Assembly
  149. Paragraph
  150. Northern Ireland Departments
  151. Paragraph
  152. Local Government
  153. Paragraph
  154. Education and Training
  155. Paragraph
  156. Policing, Criminal Justice and Law
  157. Paragraph
  158. Arts and Leisure
  159. Paragraph
  160. Health and Social Care
  161. Paragraph
  162. Investment and Economic Development
  163. Paragraph
  164. Industrial Relations
  165. Paragraph
  166. Harbours
  167. Paragraph
  168. Housing
  169. Paragraph
  170. Children and Young People
  171. Paragraph
  172. Charity and Voluntary Sector
  173. Paragraph
  174. Miscellaneous
  175. Paragraph
  176. Paragraph
  177. Schedule 4: TRIBUNALS REFERRED TO IN SECTION 19
  178. Paragraph
  179. Schedule 5: OTHER EXCLUDED MATTERS
  180. 1Paragraph 1
  181. 2Paragraph 2
  182. 3Paragraph 3
  183. 4Paragraph 4
  184. 5Paragraph 5
  185. 6Paragraph 6
  186. 7Paragraph 7
  187. Schedule 6: AMENDMENTS CONSEQUENT UPON OMBUDSMAN BEING NORTHERN IRELAND JUDICIAL APPOINTMENTS OMBUDSMAN
  188. 1Paragraph 1
  189. 2Paragraph 2
  190. 3Paragraph 3
  191. 4Paragraph 4
  192. 5Paragraph 5
  193. 6Paragraph 6
  194. 7Paragraph 7
  195. 8Paragraph 8
  196. 9Paragraph 9
  197. 10Paragraph 10
  198. 11Paragraph 11
  199. Schedule 7: AMENDMENTS TO PART 9 OF THE LOCAL GOVERNMENT ACT (NORTHERN IRELAND) 2014
  200. 1Paragraph 1
  201. 2Paragraph 2
  202. 3Paragraph 3
  203. 4Paragraph 4
  204. 5Paragraph 5
  205. 6Paragraph 6
  206. Schedule 8: OTHER MINOR AND CONSEQUENTIAL AMENDMENTS
  207. Northern Ireland Assembly Disqualification Act 1975 (c. 25)
  208. 1Paragraph 1
  209. Mental Health (Northern Ireland) Order 1986 (NI 4)
  210. 2Paragraph 2
  211. Social Security Administration (Northern Ireland) Act 1992 (c. 8)
  212. 3Paragraph 3
  213. Juries (Northern Ireland) Order 1996 (NI 6)
  214. 4Paragraph 4
  215. Northern Ireland Act 1998 (c. 47)
  216. 5Paragraph 5
  217. 6Paragraph 6
  218. 7Paragraph 7
  219. 8Paragraph 8
  220. Commissioner for Children and Young People (Northern Ireland) Order 2003 (NI 11)
  221. 9Paragraph 9
  222. 10Paragraph 10
  223. Commissioner for Older People Act (Northern Ireland) 2011 (c. 1)
  224. 11Paragraph 11
  225. 12Paragraph 12
  226. Schedule 9REPEALS