{
  "url": "https://openlegislation.uk/public-services-ombudsman-act-northern-ireland-2016/section-39",
  "json_url": "https://openlegislation.uk/public-services-ombudsman-act-northern-ireland-2016/section-39.json",
  "legislation": "nia/2016/4",
  "legislation_title": "Public Services Ombudsman Act (Northern Ireland) 2016",
  "legislation_url": "https://openlegislation.uk/public-services-ombudsman-act-northern-ireland-2016",
  "path": "section/39",
  "kind": "section",
  "number": "39",
  "heading": "Declaration of non-compliance of complaints handling procedure",
  "text": "(1) The Ombudsman may make a declaration of non-compliance in relation to a complaints handling procedure if subsection (2) or (3) applies.\n(2) This subsection applies where the Ombudsman—\n(a) has specified that a model CHP is relevant to a listed authority, and\n(b) is of the opinion that a listed authority's complaints handling procedure does not comply with the model CHP.\n(3) This subsection applies where the Ombudsman—\n(a) has not specified that a model CHP is relevant to a listed authority, and\n(b) is of the opinion that a listed authority's complaints handling procedure does not comply with the statement of principles.\n(4) Where a declaration is made, the Ombudsman—\n(a) must give reasons in writing,\n(b) may specify such modifications to the complaints handling procedure as would result in the declaration being withdrawn.\n(5) Where a declaration is made, the listed authority must submit a description of its complaints handling procedure to the Ombudsman, having taken account of the reasons given under subsection (4)(a) and any modifications specified under subsection (4)(b), within 2 months of the declaration.\n(6) The Ombudsman may withdraw a declaration at any time if the Ombudsman thinks fit.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "S. 39 in operation at 24.5.2021 by S.R. 2021/113, art. 3"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/nia/2016/4/section/39",
    "retrieved_at": "2026-11-06T03:33:14.036130+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}