Section 20 - Disclosure of Information by the Ombudsman

71. This section enables the Ombudsman to disclose information obtained under the Act to the UK Information Commissioner, auditors and examiners as listed in the first column of schedule 5 to the Act, if the information appears to the Ombudsman to relate to matters set out in the second column of schedule 5.

72. Subsection (3) ensures that section 19(1) does not prevent the disclosure of information for the purposes of this section.

Section 21 - Consultation and co-operation with other Commissioners and Ombudsmen

73. This section makes provision for the Ombudsman, where he or she considers that a complaint or request he or she has received relates partly to a matter which could be the subject of an investigation by other Commissioners and Ombudsmen, to consult those Commissioners and Ombudsmen. The Commissioners and Ombudsmen covered by this section are specified in subsection (1).

74. Subsection (4) requires the Ombudsman to co-operate with the Parliamentary Commissioner for Administration where the complaint relates to an authority which is also subject to investigation by that Commissioner.

75. Subsection (5) ensures that section 19(1) does not prevent the disclosure of information for the purposes of this section.

Section 22 - Information about right to make complaint

76. This section imposes a duty on listed authorities to provide information to the public on the right conferred by the Act to make complaints to the Ombudsman, the time limit for making a complaint and how to contact the Ombudsman.

Supplementary

Section 23 - Interpretation

77. Subsection (2) lists various persons, action by whom may constitute action taken by a listed authority.

78. Subsection (3) ensures that actions taken by UK Ministers and departments on behalf of the Scottish Ministers under agency arrangements cannot be investigated under the Act.

79. Subsection (4) makes provision similar to that made by section 13(3)(b) to reflect the special circumstances of the Scottish Administration.

Section 24 - Orders in Council: general

80. This section makes general provision in relation to Orders in Council under the Act. An Order in Council is made by Her Majesty with the advice of the Privy Council. Conferring the power to make subordinate legislation on Her Majesty emphasises the independence of the Ombudsman from the Scottish Ministers.

Section 25 and schedule 6 - Modification of enactments

81. Subsection (1) of section 25 introduces schedule 6, which makes modifications of various enactments for the purposes of the Act. Many of the modifications consist of repeals of legislation relating to the existing ombudsmen. Her Majesty may, by Order in Council under subsection (2), make such other modifications in any enactment as she considers necessary or expedient for the purposes of the Act.

Section 26 and schedule 7 - Consequential, transitional, transitory and saving provision

82. Subsection (1) of section 26 introduces schedule 7, which makes provision for the transfer to the Ombudsman of staff, property and liabilities and undetermined complaints in consequence of the provisions of the Act. Under subsection (2) Her Majesty may, by Order in Council, make further transitional, transitory or saving provision.

83. Schedule 7 makes arrangements for:

• the transfer, on the day the schedule comes into force, of staff from the offices of the existing Ombudsmen;

• the transfer of property and liabilities of the existing Ombudsmen;

• how complaints undetermined on the appointed day should be handled.

84. Provision is made for staff transferring to the Ombudsman to transfer on exactly the same terms and conditions as those on which they were previously employed.

85. Paragraph 4 makes provision for statutory complaints that are undetermined at the time the legislation under which they were made is repealed or revoked to be dealt with by the Ombudsman and for the relevant legislation to continue in force for the purpose of determining such complaints.

86. Paragraph 5 makes similar provision for undetermined housing complaints.

Section 27 - Commencement, revocation and short title

87. The effect of this section is that sections 1, 23, 24, 26(2) and 27 and schedule 1 come into force on Royal Assent. Provision is made for Her Majesty by Order in Council to appoint days when the other provisions in the Act are to come into force, and the day when the Transitional Maladministration Order is to cease to have effect.

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PARLIAMENTARY HISTORY OF THE SCOTTISH PUBLIC SERVICES OMBUDSMAN ACT 2002

The following table sets out, for each Stage of the proceedings in the Scottish Parliament on the Bill for this Act, the dates on which proceedings at that Stage took place, the references to the Official Report of those proceedings and the dates on which Committee Reports were published and the references to those Reports.

The Bill for this Act was introduced in the Parliament as the Scottish Public Sector Ombudsman Bill (amended at Stage 2 to the Scottish Public Services Ombudsman Bill).

Proceedings and Reports	Reference
Introduction
22 November 2001	SP Bill 43 (Session 1)
Stage 1
(a) Local Government Committee (lead)
34th Meeting, 2001	18 December 2001, cols 2518-2566
1st Report 2002 (25 January 2002): SP Paper 496 Stage 1 Report on the Scottish Public Sector Ombudsman Bill	SP Paper 496
(b) Health and Community Care Committee
30th Meeting, 2001	5 December 2001, cols 2236-2258 and 2260-2276
(c) Subordinate Legislation Committee
36th Meeting, 2001	18 December 2001, cols 711-712
(d) Consideration by the Parliament
31 January 2002	cols 5924-5960
Stage 2
Local Government Committee
7th Meeting, 2002	5 March 2002, cols 2789-2801
Stage 3
Consideration by the Parliament
21st March 2002	cols 10487-10500