Textual Amendments
F1Ss. 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.
(1)The Ombudsman must publish a statement of principles (referred to in this Act as “the statement of principles”) concerning complaints handling procedures of listed authorities.
(2)A listed authority must ensure—
(a)it has a complaints handling procedure in respect of action taken by the listed authority, and
(b)any such procedure complies with the statement of principles.
(3)A listed authority which is responsible, by virtue of any enactment, for a complaints handling procedure—
(a)in relation to, or
(b)operated by,
another listed authority, must ensure the procedure complies with the statement of principles.
(4)The first statement of principles under subsection (1) is not to be published unless a draft of the statement has been laid before, and approved by a resolution of, the Parliament.
(5)Where a draft is laid in accordance with subsection (4), the Parliament may approve the draft no later than 2 months after being laid.
(6)In calculating any period of 2 months for the purposes of subsection (5), no account is to be taken of any time during which the Parliament is dissolved or is in recess for more than 4 days.
(7)Before laying a draft statement of principles before the Parliament in accordance with subsection (4) the Ombudsman must consult—
(a)the Scottish Ministers, and
(b)such listed authorities and other persons as the Ombudsman thinks fit.
(8)The Ombudsman must, in preparing the draft statement of principles to be laid before the Parliament in accordance with subsection (4), have regard to any representations made during the consultation mentioned in subsection (7).
(9)The statement of principles comes into force when it is published by the Ombudsman.
(10)The Ombudsman may from time to time revise and re-publish the statement of principles.
(11)Where the Ombudsman considers that any revision of the statement of principles under subsection (10) is material, subsections (4) to (8) apply to that statement of principles as they do to the first statement of principles.
(12)In this section and sections 16B to 16E, “complaints handling procedures” means procedures of listed authorities which examine complaints or review decisions in respect of action taken by a listed authority where the matter in question is one in respect of which a complaint to the Ombudsman can be made and investigated under this Act.]