F1Listed authorities: complaints handling procedures
16DDeclarations of non-compliance
1
Where a model CHP is relevant to a listed authority by virtue of a specification under section 16C(1) the Ombudsman may declare that the complaints handling procedure of the authority, a description of which was submitted by the authority under section 16C(3) or otherwise, does not comply with the model CHP.
2
Where there is no specification under section 16C(1) in relation to a listed authority the Ombudsman may declare that the complaints handling procedure of the authority, a description of which was submitted by the authority under section 16E or otherwise, does not comply with the statement of principles.
3
Where a declaration is made under subsection (1) or (2) the Ombudsman—
a
must give reasons in writing,
b
may specify such modifications to the complaints handling procedure as would result in the declaration being withdrawn.
4
Where a declaration is made under subsection (1) or (2) the listed authority must submit a description of its complaints handling procedure, having taken account of the reasons given under subsection (3)(a) and any modifications specified in subsection (3)(b), within 2 months of the declaration.
5
The Ombudsman may withdraw a declaration of non-compliance made under subsection (1) or (2) at any time if the Ombudsman thinks fit.
Ss. 16A-16G and cross-heading inserted (1.8.2010) by Public Services Reform (Scotland) Act 2010 (asp 8), ss. 119, 134(7); S.S.I. 2010/221, art. 3(2), sch.