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Version Superseded: 21/05/1997
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Law Reform (Miscellaneous Provisions) (Scotland) Act 1990, SCHEDULE 3 is up to date with all changes known to be in force on or before 05 October 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Section 34.
F11The Scottish legal services ombudsman (the “ombudsman”) shall hold and vacate his office in accordance with the terms of his appointment and shall, on ceasing to hold office, be eligible for re-appointment.
Textual Amendments
F1Sch. 3 para. 1 wholly in force at 1.4.1991 see s. 75(2) and S.I. 1991/822, art. 3, Schedule
F22SThe Secretary of State may give general directions to the ombudsman about the scope and discharge of his functions, and shall publish any such directions.
Textual Amendments
F2Sch. 3 para. 2 wholly in force at 1.4.1991 see s. 75(2) and S.I. 1991/822, art. 3, Schedule
3(1)The Secretary of State may with the consent of the Treasury determine the terms and conditions of service, including remuneration, of the ombudsman.
(2)Where a person appointed to the office of ombudsman ceases to hold that office otherwise than on the expiry of the term of office specified in his appointment, and it appears to the Secretary of State that there are special circumstances which make it right for that person to receive compensation, the Secretary of State may, with the consent of the Treasury, make a payment to that person of such amount as the Secretary of State may, with the consent of the Treasury, determine.
Commencement Information
I1Sch. 3 para. 3 wholly in force at 1.4.1991 see s. 75(2) and S.I. 1991/822, art. 3, Schedule
4The Secretary of State may appoint staff for the ombudsman of such number, and on such terms and conditions of service, as he may with the consent of the Treasury determine; and such terms and conditions may include provision as to remuneration, and as to compensation for loss of employment (which may take the form of pensions, allowances or gratuities).
Commencement Information
I2Sch. 3 para. 4 wholly in force at 1.4.1991 see s. 75(2) and S.I. 1991/822, art. 3, Schedule
F35SNeither the ombudsman nor his staff are, in such capacity, Crown servants.
Textual Amendments
F3Sch. 3 para. 5 wholly in force at 1.4.1991 see s. 75(2) and S.I. 1991/822, art. 3, Schedule
6SThe Secretary of State shall pay the expenses of the ombudsman and of his staff.
Commencement Information
I3Sch. 3 para. 6 wholly in force at 1.4.1991 see s. 75(2) and S.I. 1991/822, art. 3, Schedule
7Without prejudice to section 33(3) of this Act, a professional organisation within the meaning of subsection (5) of that section shall furnish the ombudsman with such information as he may from time to time reasonably require.
Commencement Information
I4Sch. 3 para. 7 wholly in force at 1.4.1991 see s. 75(2) and S.I. 1991/822, art. 3, Schedule
8Every such professional organisation shall, severally, consider any report which they may receive from the ombudsman, and shall notify him of any action which they have taken in consequence.
Commencement Information
I5Sch. 3 para. 8 wholly in force at 1.4.1991 see s. 75(2) and S.I. 1991/822, art. 3, Schedule
9SThe ombudsman shall make an annual report of the discharge of the functions conferred on him under this Act to the Secretary of State.
Commencement Information
I6Sch. 3 para. 9 wholly in force at 1.4.1991 see s. 75(2) and S.I. 1991/822, art. 3, Schedule
Valid from 21/05/1997
[F49ASThe ombudsman may, in addition to making a report under paragraph 9 above, report to the Secretary of State at any time on any matter relating to the discharge of the ombudsman’s functions.]
Textual Amendments
F4Sch. 3 para. 9A inserted (21.5.1997) by 1997 c. 35, ss. 4, 6, 11(2)
Valid from 21/05/1997
[F59BSThe ombudsman shall provide the Secretary of State with such information relating to the discharge of the ombudsman’s functions as the Secretary of State may see fit to require.]
Textual Amendments
F5Sch. 3 para. 9B inserted (21.5.1997) by 1997 c. 35, ss. 4, 6, 11(2)
10SThe Secretary of State shall lay any report made to him under paragraph 9 above before each House of Parliament.
Commencement Information
I7Sch. 3 para. 10 wholly in force at 1.4.1991 see s. 75(2) and S.I. 1991/822, art. 3, Schedule
11U.K.In Part III of Schedule 1 to the M1House of Commons Disqualification Act 1975 (offices disqualifying for membership) there shall be inserted at the appropriate place in alphabetical order the entry “Scottish legal services ombudsman appointed under section 34 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990”.
Commencement Information
I8Sch. 3 para. 11 wholly in force at 1.4.1991 see s. 75(2) and S.I. 1991/822, art. 3, Schedule
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