Scottish Public Services Ombudsman Act 2002

1. Introductory Text

2. The Scottish Public Services Ombudsman

   1. 1. The Scottish Public Services Ombudsman

3. Investigations by the Ombudsman

   1. 2. Power of investigation

   2. 3. Persons liable to investigation

   3. 4. Persons liable to investigation: supplementary

   4. 5. Matters which may be investigated

   5. 6. Application of section 5 to certain tribunals

   6. 7. Matters which may be investigated: restrictions

   7. 8. Excluded matters

   8. 9. Complaints: who may complain

   9. 10. Complaints: time limits and procedure

   10. 11. Decisions not to investigate

   11. 12. Investigation procedure

   12. 13. Evidence

   13. 14. Obstruction and contempt

   14. 15. Reports on investigations

   15. 16. Special reports

4. Miscellaneous and general

   1. 17. Annual reports etc.

   2. 18. Protection from actions for defamation

   3. 19. Confidentiality of information

   4. 20. Disclosure of information by the Ombudsman

   5. 21. Consultation and co-operation with other Commissioners and Ombudsmen

   6. 22. Information about right to make complaint

5. Supplementary

   1. 23. Interpretation

   2. 24. Orders in Council: general

   3. 25. Modification of enactments

   4. 26. Consequential, transitional, transitory and saving provision

   5. 27. Commencement, revocation and short title

6. 1. SCHEDULE 1

      The Scottish Public Services Ombudsman

      1. 1. Disqualification

      2. 2. Status

      3. 3. Validity of actings

      4. 4. Term of office and tenure

      5. 5. Vacancy in office of Ombudsman

      6. 6. Vacancy in office of deputy Ombudsman

      7. 7. Remuneration

      8. 8. Pensions etc.

      9. 9. Staff

      10. 10. Advisers

      11. 11. Delegation

      12. 12. General powers

      13. 13. Financial provision

      14. 14. Accountable officer

      15. 15. Accounts and audit

   2. SCHEDULE 2

      Listed authorities

      1. Part 1 Entries not amendable by Order in Council

         1. 1. Scottish Parliament and Scottish Administration

         2. 2. Any member of the Scottish Executive.

         3. 3. Any other office-holder in the Scottish Administration.

         4. 4. Health service

         5. 5. Any person who is, or was at the time of...

         6. 6. Any person who is, or was at the time of...

         7. 7. Local government etc.

         8. 8. Any committee, joint committee or joint board the members of...

         9. 9. Any person who, by virtue of section 56(1) of the...

         10. 10. Any licensing board within the meaning of the Licensing (Scotland)...

         11. 11. The Strathclyde Passenger Transport Authority.

         12. 11A. Any Transport Partnership created under the Transport (Scotland) Act 2005...

         13. 12. Any National Park authority.

         14. 13. Any joint board constituted by an administration order under section...

         15. 14. Any joint police board constituted by an amalgamation scheme made...

         16. 15. Any Children’s Panel Advisory Committee formed under paragraph 3, or...

         17. 16. Any joint committee, for the administration of superannuation schemes for...

         18. 17. Housing

      2. Part 2 Entries amendable by Order in Council

         1. 18. Scottish public authorities

         2. 19. Audit Scotland.

         3. 20. The Auditor General for Scotland.

         4. 20A. Bòrd na Gàidhlig

         5. 21. The Chief Investigating Officer established by section 9(1) of the...

         6. 21A. A community justice authority.

         7. 21B. The Convener of the Water Customer Consultation Panels (appointed under...

         8. 22. The Crofters Commission.

         9. 23. The Deer Commission for Scotland.

         10. 24. The General Teaching Council for Scotland.

         11. 25. Highlands and Islands Enterprise.

         12. 26. Learning and Teaching Scotland.

         13. 27. Any local enterprise company, that is to say any company...

         14. 28. The Local Government Boundary Commission for Scotland.

         15. 29. The Board of Trustees for the National Galleries of Scotland....

         16. 30. The Trustees of the National Library of Scotland.

         17. 31. The Board of Trustees of the National Museums of Scotland....

         18. 32. The Parole Board for Scotland.

         19. 33. The Board of Trustees of the Royal Botanic Garden, Edinburgh....

         20. 34. The Royal Commission on the Ancient and Historical Monuments of...

         21. 35. The Scottish Agricultural Wages Board.

         22. 36. The Scottish Arts Council.

         23. 37. The Scottish Children’s Reporter Administration.

         24. 38. The Scottish Commission for the Regulation of Care.

         25. 39. Scottish Enterprise.

         26. 40. The Scottish Environment Protection Agency.

         27. 40A. The Scottish Further and Higher Education Funding Council.

         28. 41. . . . . . . . . . ....

         29. 42. The Scottish Further Education Unit.

         30. 43. . . . . . . . . . ....

         31. 44. Scottish Homes.

         32. 45. The Scottish Hospital Endowments Research Trust.

         33. 45A. The Scottish Information Commissioner.

         34. 46. The Scottish Legal Aid Board.

         35. 47. Entries amendable by Order in Council

         36. 48. Scottish Natural Heritage.

         37. 49. The Scottish Qualifications Authority.

         38. 50. Scottish Screen.

         39. 51. The Scottish Social Services Council.

         40. 52. The Scottish Sports Council.

         41. 53. The Scottish Tourist Board.

         42. 54. The Standards Commission for Scotland.

         43. 55. The Water Industry Commission for Scotland.

         44. 56. Any holder of an office— (a) established by or under...

         45. 57. Cross-border public authorities

         46. 58. British Potato Council.

         47. 59. British Tourist Authority.

         48. 60. British Wool Marketing Board.

         49. 61. Central Bureau for Educational Visits and Exchanges.

         50. 62. Committee of Investigation for Great Britain.

         51. 63. Community Development Foundation.

         52. 64. Construction Industry Training Board.

         53. 65. Consumers’ Committee for Great Britain.

         54. 66. The Criminal Injuries Compensation Appeals Panel.

         55. 67. The Criminal Injuries Compensation Authority.

         56. 68. Design Council.

         57. 69. Engineering Construction Industry Training Board.

         58. 70. Food from Britain.

         59. 71. Forestry Commissioners.

         60. 72. Home-Grown Cereals Authority.

         61. 73. Horticultural Development Council.

         62. 74. Intervention Board for Agricultural Produce.

         63. 75. Joint Nature Conservation Committee.

         64. 76. The licensing authority designated under section 1(1) of the Activity...

         65. 77. Meat and Livestock Commission.

         66. 78. Milk Development Council.

         67. 79. National Consumer Council.

         68. 80. Entries amendable by Order in Council

         69. 81. Police Information Technology Organisation.

         70. 82. Entries amendable by Order in Council

         71. 83. Scottish Consumer Council.

         72. 84. Sea Fish Industry Authority.

         73. 85. The Theatres Trust.

         74. 86. Entries amendable by Order in Council

         75. 87. The Trustees of the National Heritage Memorial Fund.

         76. 88. United Kingdom Sports Council.

         77. 89. Unrelated Live Transplant Regulatory Authority.

         78. 90. Other bodies

         79. 91. The Security Industry Authority.

      3. Part 3 Other entries amendable by Order in Council

         1. 92. Further and Higher Education

         2. 93. The Scottish Agricultural College.

   3. SCHEDULE 3

      Specified tribunals for the purposes of sections 6 and 7

      1. 1. The Dairy Produce Quota Tribunal for Scotland.

      2. 2. Any Independent Schools Tribunal constituted in accordance with Schedule 2...

      3. 3. The Lands Tribunal for Scotland.

      4. 4. Any Meat Hygiene Appeals Tribunal constituted under—

      5. 4A. The Mental Health Tribunal for Scotland.

      6. 5. Any rent assessment committee constituted under section 44 of the...

      7. 6. The Plant Varieties and Seeds Tribunal.

      8. 7. The Scottish Land Court.

   4. SCHEDULE 4

      Matters which the Ombudsman must not investigate

      1. 1. Action taken— (a) by or with the authority of a...

      2. 2. The commencement or conduct of— (a) civil or criminal proceedings...

      3. 3. Action taken by any office-holder in, or member of the...

      4. 4. Action taken by a member of the administrative staff of...

      5. 5. Action taken by a person appointed under section 5(3)(c) of...

      6. 6. Any exercise of the prerogative of mercy or of the...

      7. 7. (1) Action taken in matters relating to contractual or other...

      8. 8. Action taken in respect of appointments or removals, pay, discipline,...

      9. 9. The grant of honours, awards or privileges within the gift...

      10. 10. Action concerning— (a) the giving of instruction, whether secular or...

      11. 11. Action taken by the Mental Welfare Commission for Scotland under—...

      12. 12. Action which has been, or is, the subject of an...

      13. 13. Action taken by a Health Board in the exercise of...

      14. 14. Action taken by a Health Board in the exercise of...

      15. 15. Action relating to the determination of the amount of any...

   5. SCHEDULE 5

      Disclosure of information by the Ombudsman

   6. SCHEDULE 6

      Modification of enactments

      1. 1. Local Government (Scotland) Act 1975 (c.30)

      2. 2. Local Government (Scotland) Act 1978 (c.4)

      3. 3. Local Government Act 1978 (c.39)

      4. 4. Local Government, Planning and Land Act 1980 (c.65)

      5. 5. Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c.23)

      6. 6. Mental Health (Scotland) Act 1984 (c.36)

      7. 7. Hospital Complaints Procedure Act 1985 (c.42)

      8. 8. Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c.73)

      9. 9. Legal Aid (Scotland) Act 1986 (c.47)

      10. 10. Local Government Act 1988 (c.9)

      11. 11. Housing (Scotland) Act 1988 (c.43)

      12. 12. Official Secrets Act 1989 (c.6)

      13. 13. Local Government and Housing Act 1989 (c.42)

      14. 14. Health Service Commissioners Act 1993 (c.46)

      15. 15. Local Government etc. (Scotland) Act 1994 (c.39)

      16. 16. Children (Scotland) Act 1995 (c.36)

      17. 17. Town and Country Planning (Scotland) Act 1997 (c.8)

      18. 18. Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 (c.9)

      19. 19. Planning (Hazardous Substances) (Scotland) Act 1997 (c.10)

      20. 20. Scottish Legal Services Ombudsman and Commissioner for Local Administration in Scotland Act 1997 (c.35)

      21. 21. Ethical Standards in Public Life etc. (Scotland) Act 2000 (asp 7)

      22. 22. National Parks (Scotland) Act 2000 (asp 10)

      23. 23. Freedom of Information Act 2000 (c.36)

      24. 24. Regulation of Care (Scotland) Act 2001 (asp 8)

   7. SCHEDULE 7

      Transfer of staff, property and liabilities and undetermined complaints

      1. 1. Interpretation

      2. 2. Transfer of staff of existing Commissioners and Scottish Homes

      3. 3. Transfer of property etc. of existing Commissioners and Scottish Homes

      4. 4. Transfer of undetermined statutory complaints

      5. 5. Transfer of undetermined housing complaints