Regulation 9 Exceptions for certain mattersI1

Regulation 7(1) and 8(1) shall not apply where the matter is not the same or substantially the same as a previous complaint or matter and the Ombudsman believes that a member may have committed a criminal offence or behaved in a manner which would justify disciplinary proceedings, and the Ombudsman believes that the matter should be investigated because of the gravity of the matter or the exceptional circumstances.

Regulations 7 and 8 shall not apply where new evidence has come to light which is not evidence which was reasonably available at the time the matter originally occurred, the Ombudsman believes that a member may have committed a criminal offence or behaved in a manner which would justify disciplinary proceedings, and the Ombudsman believes that the matter should be investigated because of the gravity of the matter or the exceptional circumstances.

Where the Ombudsman decides a matter falls under paragraph (1) or (2), he shall investigate it under section 56 of the 1998 Act.

Where the Ombudsman decides that a matter meets the criteria in paragraph (1) or (2) except that the case is not grave or exceptional and the Ombudsman believes that the member may have committed a criminal offence then he may investigate it by applying section 54(3) of the 1998 Act.

If any conduct to which any other matter wholly or partly relates is or has been the subject of disciplinary or criminal proceedings the Ombudsman shall have no powers in relation to the matter in so far as it relates to that conduct.