Scottish Public Services Ombudsman Act 2002

12 Investigation procedure S

(1) An investigation under section 2 must be conducted in private.

(2) Where the investigation is pursuant to a complaint, the Ombudsman must give—

(a) the listed authority in question, and

(b) any other person who is alleged in the complaint to have taken the action complained of,

an opportunity to comment on any allegations contained in the complaint.

(3) In other respects the procedure for conducting the investigation is to be such as the Ombudsman thinks fit.

(4) The Ombudsman may, in particular—

(a) obtain information from such persons and in such manner, and make such inquiries, as the Ombudsman thinks fit,

(b) determine whether any person may be represented, by counsel or solicitor or otherwise, in the investigation.

(5) The Ombudsman may pay to—

(a) the person by whom the complaint was made (where an investigation is pursuant to a complaint), and

(b) any other person who attends or supplies information for the purposes of an investigation (whether or not pursuant to a complaint),

such allowances in respect of expenses properly incurred by the person and by way of compensation for loss of time as the Parliamentary corporation may determine.

(6) The conduct of an investigation does not affect—

(a) any action taken by the listed authority in question,

(b) any power or duty of the listed authority to take further action with respect to any matter being investigated.

[F1 (7) Any reference in subsections (2)(a) and (6)(a) and (b) to the listed authority in question or to the listed authority includes, in relation to an investigation following a complaint, references to a listed authority—

(a) which is not mentioned in the complaint, but

(b) whose action is investigated by the Ombudsman in connection with the investigation.]

Textual Amendments

F1 S. 12(7) inserted (1.4.2011) by Scottish Parliamentary Commissions and Commissioners etc. Act 2010 (asp 11), s. 31(5), sch. 3 para. 3 (with s. 31(6), sch. 7)