Justice (Northern Ireland) Act 2002

[F1 [F2 9F Report procedure N.I.

(1) This section applies to a report under section 9E.

(2) The Ombudsman must submit a draft of the report—

[F3 (a) if the complaint was a Commission complaint, to the First Minister and deputy First Minister and to the Commission;

(b) otherwise, to the Lord Chancellor.]

(3) In finalising the report the Ombudsman—

(a) must have regard to any proposal [F4 for changes in the draft report which is made—

(i) if the complaint was a Commission complaint, by the First Minister and deputy First Minister acting jointly or by the Commission;

(ii) otherwise, by the Lord Chancellor;]

(b) must include in the report a statement of any such proposal not given effect to.

(4) The report must be signed by the Ombudsman.

(5) If the complaint was a Commission complaint the Ombudsman must send the report in duplicate to the [F5 First Minister and deputy First Minister and to] the Commission.

(6) Otherwise the Ombudsman must send the report to the Lord Chancellor.

(7) The Ombudsman must send a copy of the report to the complainant, but that copy must not include information—

(a) which relates to an identified or identifiable individual other than the complainant, and

(b) whose disclosure by the Ombudsman to the complainant would (apart from this subsection) be contrary to section 9I.]]

Textual Amendments

F1 S. 9A and preceding cross-heading inserted (25.9.2006) by Constitutional Reform Act 2005 (c. 4), ss. 124(2), 148; S.I. 2006/1537, art. 3(a)

F2 S. 9F inserted (25.9.2006) by Constitutional Reform Act 2005 (c. 4), ss. 129, 148; S.I. 2006/1537, art. 3(c)

F3 S. 9F(2)(a)(b) substituted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 18 para. 62(a) (with arts. 28-31)

F4 Words in s. 9F(3)(a) substituted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 18 para. 62(b) (with arts. 28-31)

F5 Words in s. 9F(5) substituted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 18 para. 62(c) (with arts. 28-31)