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Changes over time for: Section 41
Timeline of Changes
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Status:
Point in time view as at 12/04/2017. This version of this provision is prospective.
Status
The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
- where the provision (Part, Chapter or section) has never come into force or;
- where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
Note: Point in time prospective is the latest available view of the legislation that includes by default all the prospective changes that might come into force.
Changes to legislation:
There are currently no known outstanding effects for the Justice Act (Northern Ireland) 2016, Section 41.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
Prospective
Own-initiative investigationsN.I.
This section has no associated Explanatory Notes
41—(1) The Ombudsman may carry out an investigation under this section into a matter if—
(a)the matter relates—
(i)to the way in which a prisoner has been treated by a prison officer;
(ii)to the way in which a person visiting a prison has been treated by a prison officer;
(iii)to the facilities available to a person at a prison (including, in the case of a prisoner, facilities for the welfare of the prisoner);
(iv)to the cleanliness and adequacy of a prison; and
(b)the Ombudsman has reasonable grounds for believing that, in relation to the matter—
(i)a number of events of the same or a similar nature have occurred; and
(ii)the number or frequency of the events requires the matter to be investigated under this section.
(2) Before commencing an investigation under this section, the Ombudsman must—
(a)consult the Department; and
(b)inform the Department of the matter proposed to be investigated and of the grounds referred to in subsection (1)(b).
(3) It is for the Ombudsman to determine the procedures to be applied to an investigation under this section.
(4) This section applies to a matter whether or not a complaint has been, or could be, made about the matter under section 35.
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