Office of Public Sector Information
(1) Where—
(a) a person, without lawful excuse, obstructs the Ombudsman in the performance of the Ombudsman’s functions, or
(b) a person does any act or fails to take any action in relation to an investigation which, if the investigation were a proceeding in the Court of Session, would constitute contempt of court,
the Ombudsman may apply by petition to the Court of Session for the person to be dealt with in accordance with subsection (2).
(2) Where such a petition is presented, the Court of Session may inquire into the matter and after hearing—
(a) any witnesses who may be produced against or on behalf of the person in question, and
(b) any statement which may be offered in defence,
may deal with the person as if the person had committed a contempt of court in relation to the Court of Session.
(3) Nothing in this section is to be construed as applying to the taking of such action as is mentioned in section 12(6).
(1) After conducting an investigation, the Ombudsman must—
(a) if the investigation is pursuant to a complaint, send a report of the investigation to the persons specified in section 11(2) and to the Scottish Ministers,
(b) if the investigation is pursuant to a request, send a report of the investigation to the persons specified in section 11(4) and to the Scottish Ministers,
and must lay a copy of the report before the Parliament.
(2) Subsection (3) of section 11 applies for the purposes of subsection (1)(a) of this section as it does for the purposes of subsection (2)(d) of that section.
(3) Apart from identifying the listed authority in question, the report must not—
(a) mention the name of any person, or
(b) contain any particulars which, in the Ombudsman’s opinion, are likely to identify any person and can be omitted without impairing the effectiveness of the report,
unless the Ombudsman determines that it is necessary to do so.
(4) The listed authority in question must, unless the Ombudsman otherwise directs—
(a) make arrangements, having effect for a period of at least 3 weeks, for allowing any person to—
(i) inspect the report at any reasonable time,
(ii) obtain a copy of it, or any part of it (whether or not on payment of a reasonable fee), and
(b) publicise those arrangements.
(5) Subsection (4) has effect—
(a) where the listed authority is a family health service provider, as if the reference to the listed authority were a reference to any health service body with whom that provider—
(i) is subject to an undertaking to provide family health services, or
(ii) has agreed to perform such services,
(as the case may be),
(b) where the listed authority is an independent provider, as if the reference to the listed authority were a reference to the health service body or family health service provider with whom the independent provider made the arrangement to provide the service concerned.
(6) In considering whether to make—
(a) a determination under subsection (3), or
(b) a direction under subsection (4),
the Ombudsman must take into account the public interest as well as the interests of the person aggrieved (if the investigation is pursuant to a complaint) and of any other persons.
(7) Any person who obstructs another person seeking to inspect a report or obtain a copy of it or any part of it in pursuance of arrangements made under subsection (4) is guilty of an offence and liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.
(1) This section applies where a report under section 15 finds that the person aggrieved has sustained injustice or hardship as is mentioned in section 5(3).
(2) If, following the making of the report, it appears to the Ombudsman that the injustice or hardship has not been, or will not be, remedied, the Ombudsman may make a special report on the case.
(3) The Ombudsman must—
(a) send a special report made under subsection (2) to the persons to whom the report under section 15 was sent, and
(b) lay a copy of the report before the Parliament.
(4) Section 15(3) applies in relation to a special report as it applies in relation to a report under that section.
(5) The Ombudsman may make arrangements for the special report to be available to the public in such manner (whether or not on payment of a reasonable fee) as the Ombudsman thinks fit.
(6) The listed authority to whom the special report relates is liable to reimburse the Ombudsman in respect of any expenses incurred by the Ombudsman by virtue of subsection (5).
(1) The Ombudsman must lay before the Parliament annually a general report on the exercise of the Ombudsman’s functions.
(2) Such a report may include, in particular, any general recommendations which the Ombudsman may have arising from the exercise of those functions in the period in question.
(3) The Parliament may give the Ombudsman directions as to the form and content of a report under subsection (1); and the Ombudsman must comply with any such direction.
(4) The Ombudsman may from time to time lay before the Parliament such other reports with respect to the exercise of the Ombudsman’s functions as the Ombudsman thinks fit.
(1) For the purposes of the law of defamation, the following are absolutely privileged—
(a) any statement made by the Ombudsman in pursuance of section 11, 15, 16 or 17,
(b) any statement made by—
(i) the person aggrieved,
(ii) a person authorised for the purpose of subsection (1)(b) of section 9,
(iii) a person falling within subsection (3) of that section, or
(iv) a listed authority,
in communicating with the Ombudsman for the purposes of this Act, or by the Ombudsman in communicating with any such person or authority for those purposes,
(c) any statement made in pursuance of arrangements under section 15(4) or 16(5).
(2) In subsection (1), “statement” has the same meaning as in the Defamation Act 1996 (c. 31).
(1) Information obtained by the Ombudsman or any of the Ombudsman’s advisers in connection with any matter in respect of which a complaint or a request has been made must not be disclosed except for any of the purposes specified in subsection (2) or as permitted by subsection (3).
(2) Those purposes are—
(a) the purposes of—
(i) any consideration of the complaint or request (including any statement under section 11),
(ii) any investigation of the matter (including any report of such an investigation),
(b) the purposes of any proceedings for—
(i) an offence under the Official Secrets Acts 1911 to 1989 alleged to have been committed in respect of information obtained by the Ombudsman,
(ii) an offence of perjury alleged to have been committed in the course of any investigation of the matter,
(c) the purposes of an inquiry with a view to the taking of any of the proceedings mentioned in paragraph (b),
(d) the purposes of any proceedings under section 14.
(3) Where information referred to in subsection (1) is to the effect that any person is likely to constitute a threat to the health or safety of patients, the Ombudsman may disclose the information to any person to whom the Ombudsman thinks it should be disclosed in the interests of the health and safety of patients.
(4) In relation to information disclosed under subsection (3), the Ombudsman must—
(a) where the Ombudsman knows the identity of the person to whom the information relates, inform that person of the disclosure of the information and of the identity of the person to whom it has been disclosed, and
(b) inform the person from whom the information was obtained of the disclosure.
(5) It is not competent to call upon the Ombudsman or the Ombudsman’s advisers to give evidence in any proceedings (other than proceedings referred to in subsection (2)) of matters coming to the knowledge of the Ombudsman or advisers in connection with any matter in respect of which a complaint or request has been made.
(6) A member of the Scottish Executive may give notice in writing to the Ombudsman with respect to—
(a) any document or information specified in the notice, or
(b) any class of document or information so specified,
that, in the opinion of the member of the Scottish Executive, the disclosure of the document or information, or of documents or information of that class, would be contrary to the public interest.
(7) Where such a notice is given nothing in this Act is to be construed as authorising or requiring the Ombudsman or any of the Ombudsman’s advisers to communicate to any person or for any purpose any document or information specified in the notice, or any document or information of a class so specified.
(8) Information obtained from the Information Commissioner by virtue of section 76 of the Freedom of Information Act 2000 (c. 36) is to be treated for the purposes of subsection (1) as obtained in connection with any matter in respect of which a complaint or request has been made.
(9) In relation to such information, subsection (2)(a) has effect as if—
(a) the reference in sub-paragraph (i) to the complaint or request were a reference to any complaint or request, and
(b) the reference in sub-paragraph (ii) to the matter were a reference to any matter.
(10) In this section and section 20 references to the Ombudsman’s advisers are to persons from whom the Ombudsman obtains advice under paragraph 10 of schedule 1.
(1) This section applies to any information (referred to in this section as “relevant information”) obtained by, or supplied to, the Ombudsman or any of the Ombudsman’s advisers under or for the purposes of this Act.
(2) The Ombudsman may disclose relevant information to a person or body specified in the first column of schedule 5 if the information appears to the Ombudsman to relate to any matter specified in relation to that person or body in the second column of that schedule.
(3) Nothing in section 19(1) applies in relation to the disclosure of information in accordance with this section.
(1) Where the Ombudsman, at any stage in the course of considering a complaint or request, forms the opinion that the complaint or request relates partly to a matter which could be the subject of an investigation—
(a) by the Parliamentary Commissioner for Administration under the Parliamentary Commissioner Act 1967 (c. 13),
(b) by either of the Health Service Commissioners under the Health Service Commissioners Act 1993 (c. 46) (as that Act has effect in England and Wales),
(c) by the Welsh Administration Ombudsman under the Government of Wales Act 1998 (c. 38),
(d) by a Local Commissioner under Part III of the Local Government Act 1974 (c. 7), or
(e) by a housing ombudsman in accordance with a scheme approved under section 51 of the Housing Act 1996 (c. 52),
the Ombudsman must consult the appropriate Commissioner or other Ombudsman about the complaint or request.
(2) If the Ombudsman considers it necessary, the Ombudsman must inform the person who made the complaint or request of the steps necessary to initiate a complaint to that Commissioner or other Ombudsman.
(3) Where the Ombudsman consults a Commissioner or other Ombudsman in accordance with this section, the consultations may extend to any matter relating to the complaint or request, including—
(a) the conduct of any investigation into the matter to which the complaint or request relates, and
(b) the form, content and publication of any report of the result of such an investigation.
(4) Where a listed authority is also an authority to which the Parliamentary Commissioner Act 1967 (c. 13) applies, the Ombudsman must co-operate with the Parliamentary Commissioner to such extent as appears appropriate when exercising any function in relation to that authority.
(5) Nothing in section 19(1) applies in relation to the disclosure of information in the course of consultation or co-operation under this section.
(1) A listed authority must take reasonable steps to publicise the application and effect of this Act in relation to the authority including, in particular, providing information about—
(a) the right conferred by this Act to make a complaint,
(b) the time limit for doing so, and
(c) how to contact the Ombudsman.
(2) Information about the matters specified in subsection (1)(a) to (c) must be included in or provided with—
(a) any document published by the listed authority and containing information about services provided by the authority to members of the public or about the procedures of the authority for dealing with complaints,
(b) any document issued by the listed authority responding to a complaint made to it by any person who might be entitled to make a complaint to the Ombudsman.
(3) The Ombudsman may issue guidance with respect to the performance by listed authorities of their duties under this section.
(1) In this Act, unless the context otherwise requires—
“action” includes failure to act and related expressions are to be construed accordingly,
“complaint” means a complaint to the Ombudsman,
“deputy Ombudsman” has the meaning given in section 1(2),
“family health service provider” has the meaning given in paragraph 5 of schedule 2 and references to family health services are to any of the services mentioned in that paragraph,
“health service body” has the meaning given in paragraph 4 of schedule 2,
“independent provider” has the meaning given in paragraph 6 of schedule 2,
“listed authority” has the meaning given in section 3(1),
“local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39),
“the Ombudsman” has the meaning given in section 1(1),
“the Parliament” means the Scottish Parliament,
“the Parliamentary corporation” means the Scottish Parliamentary Corporate Body,
“patient” includes an expectant or nursing mother and a lying-in woman,
“person aggrieved” has the meaning given in section 5(4),
“registered social landlord” has the meaning given in section 111 of the Housing (Scotland) Act 2001 (asp 10),
“request” means a request for investigation under section 2(2).
(2) For the purposes of this Act, action taken by or on behalf of a listed authority includes action taken by—
(a) where the authority is a body, a member or committee of the body,
(b) an officer or member of staff of the authority,
(c) any person acting on behalf of the authority, and
(d) any person to whom the authority has delegated functions.
(3) Action taken by or on behalf of a member of the Scottish Executive does not, however, include action taken on behalf of the Scottish Ministers by a Minister of the Crown or government department by virtue of section 93 (agency arrangements) of the Scotland Act 1998 (c. 46).
(4) Where a listed authority is an office-holder in the Scottish Administration, the persons referred to in subsection (2)(b) include, in particular, any member of the staff of the Scottish Administration assigned to assist the office-holder in question in the exercise of the office-holder’s functions.
(1) An Order in Council made under any provision of this Act may include such supplementary, incidental, consequential, transitional, transitory or saving provision as Her Majesty considers necessary or expedient.
(2) No recommendation to make an Order in Council under section 3(2), 8(2) or, where the Order contains provisions which add to, replace or omit any part of the text of an Act, 25(2) is to be made to Her Majesty in Council unless a draft of the Order has been laid before, and approved by resolution of, the Parliament.
(3) An Order in Council under section 6(2), 25(2) (except where subsection (2) of this section applies) or 26(2) is subject to annulment in pursuance of a resolution of the Parliament.
(1) Schedule 6 makes modifications of enactments for the purposes of this Act.
(2) Her Majesty may by Order in Council make such modifications in any enactment, instrument or document as she considers necessary or expedient for the purposes of this Act.
(1) Schedule 7 makes provision for the transfer to the Ombudsman of staff, property and liabilities and undetermined complaints in consequence of the provisions of this Act.
(2) Her Majesty may by Order in Council make such further transitional, transitory or saving provision as she considers necessary or expedient in connection with the coming into force of any provision of this Act.
(1) The provisions of this Act, except for—
(a) sections 1, 23, 24 and 26(2),
(b) schedule 1, and
(c) this section,
come into force on such day as Her Majesty may by Order in Council appoint.
(2) An Order in Council under subsection (1) may appoint a day for the purposes of article 3 of the Scotland Act 1998 (Transitory and Transitional Provisions) (Complaints of Maladministration) Order 1999 (S.I. 1999/1351).
(3) Different days may be appointed under this section for different purposes.
(4) This Act may be cited as the Scottish Public Services Ombudsman Act 2002.
Scottish Public Services Ombudsman Act 2002