Paragraph 3 I1

Northern Ireland

(1)

For the purposes of regulation 25 a complaint is a repetitious one if, and only if—

(a)

it is substantially the same as a previous complaint (whether made by or on behalf of the same or a different complainant);

(b)

it contains no fresh allegations which significantly affect the account of the conduct complained of;

(c)

no fresh evidence, being evidence which was not reasonably available at the time the previous complaint was made, is tendered in support of it; and

(d)

such action as is referred to in regulation 25(2) has been taken, as respects the previous complaint.

(2)

The condition in sub-paragraph (1)(d) shall be satisfied if, as respects the previous complaint—

(a)

the requirements of Section 10(5), (6) and (7) of the Order of 1987 were complied with; or

(b)

the requirements of Sections 58 and 59 of the Act of 1998 were complied with; or

(c)

the complainant gave such a notification as is mentioned in regulation 20(1); or

(d)

the Ombudsman, under regulation 25, dispensed with the requirements mentioned in paragraph (1) of that regulation.

Annotations