Northern Ireland Act 1998

[F1 78P Complaints U.K.

(1) Subsection (2) applies in relation to a complaint to the effect that a public authority has failed to comply with its obligations under section 78O if—

(a) the complaint is made by a person claiming to have been directly affected by the failure,

(b) the complaint is made in writing to the Commissioner within the period of three months beginning with the day on which the complainant first knew of the matters raised in the complaint, and

(c) the Commissioner is satisfied that the complainant has notified the public authority of the matters raised in the complaint and the authority has had reasonable opportunity to consider them and respond.

(2) The Commissioner must—

(a) investigate the complaint, or

(b) provide the complainant with a written statement of the Commissioner’s reasons for not investigating the complaint.

(3) If investigating the complaint, the Commissioner must—

(a) notify the complainant and public authority in writing of that fact,

(b) afford the public authority reasonable opportunity to comment on matters raised in the complaint, and

(c) give the complainant and public authority a report setting out the Commissioner’s findings.

(4) If the Commissioner finds that the public authority failed to comply with its obligations under section 78O, the Commissioner—

(a) may include in the report under subsection (3) recommendations as to how the public authority might remedy its failure and avoid future failures, and

(b) must lay the report before the Assembly.

(5) An investigation under this section may be carried out in private if the Commissioner considers it appropriate.]

Textual Amendments

F1 Pt. 7B inserted (22.5.2023 for specified purposes) by Identity and Language (Northern Ireland) Act 2022 (c. 45), ss. 2(1), 10(2); S.I. 2023/566, reg. 2(c)