Amendments proposed to the Constitutional Reform Bill [Lords] - continued House of Commons

back to previous text
Review by the Ombudsman

   

Mr Christopher Leslie

NC22

To move the following Clause:—

    '(1)   Where the Ombudsman is under a duty to carry out a review on an application under section (Applications to the Ombudsman), he must—

      (a) on the basis of any findings he makes about the grounds for the application, decide to what extent the grounds are established;

      (b) decide what if any action to take under subsections (2) to (7).

    (2)   If he decides that the grounds are established to any extent, he may make recommendations to the Lord Chancellor and Lord Chief Justice.

    (3)   A recommendation under subsection (2) may be for the payment of compensation.

    (4)   Such a recommendation must relate to loss which appears to the Ombudsman to have been suffered by the applicant as a result of any failure or maladministration to which the application relates.

    (5)   If the Ombudsman decides that a determination made in the exercise of a function under review is unreliable because of any failure or maladministration to which the application relates, he may set aside the determination.

    (6)   If a determination is set aside under subsection (5)—

      (a) the prescribed procedures apply, subject to any prescribed modifications, as if the determination had not been made, and

      (b) for the purposes of those procedures, any investigation or review leading to the determination is to be disregarded.

    (7)   Subsection (6) is subject to any direction given by the Ombudsman under this subsection—

      (a) for a previous investigation or review to be taken into account to any extent, or

      (b) for any investigation or review which may form part of the prescribed procedures to be undertaken, or undertaken again.

    (8)   This section is subject to section (Reports on reviews).'.


Reports on reviews

   

Mr Christopher Leslie

NC23

To move the following Clause:—

    '(1)   In this section references to the Ombudsman's response to an application are references to the findings and decisions referred to in section (Review by the Ombudsman)(1).

    (2)   Before determining his response to an application the Ombudsman must prepare a draft of a report of the review carried out on the application.

    (3)   The draft report must state the Ombudsman's proposed response.

    (4)   The Ombudsman must submit the draft report to the Lord Chancellor and the Lord Chief Justice.

    (5)   If the Lord Chancellor or the Lord Chief Justice makes a proposal that the Ombudsman's response to the application should be changed, the Ombudsman must consider whether or not to change it to give effect to that proposal.

    (6)   The Ombudsman must produce a final report that sets out—

      (a) the Ombudsman's response to the application, including any changes made to it to give effect to a proposal under subsection (5);

      (b) a statement of any proposal under subsection (5) that is not given effect to.

    (7)   The Ombudsman must send a copy of the final report to each of the Lord Chancellor and the Lord Chief Justice.

    (8)   The Ombudsman must also send a copy of the final report to the applicant, but that copy must not include information—

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

      (b) whose disclosure by the Ombudsman to the applicant would (apart from this subsection) be contrary to section 111.

    (9)   Each copy must be signed by the Ombudsman.

    (10)   No part of the Ombudsman's response to an application has effect until he has complied with subsections (2) to (9).'.


References to the Ombudsman relating to conduct

   

Mr Christopher Leslie

NC24

To move the following Clause:—

    '(1)   The Ombudsman must investigate any matter referred to him by the Lord Chancellor or the Lord Chief Justice that relates to the exercise of one or more regulated disciplinary functions.

    (2)   A matter referred to the Ombudsman under subsection (1) may relate to the particular exercise of a regulated disciplinary function or to specified descriptions of the exercise of such functions.'.


Reports on references

   

Mr Christopher Leslie

NC25

To move the following Clause:—

    '(1)   Where the Ombudsman carries out an investigation under section (References to the Ombudsman relating to conduct) he must prepare a draft of a report of the investigation.

    (2)   If the investigation relates to a matter which is the subject of a review on an application under section (Applications to the Ombudsman), subsection (1) applies only when the Ombudsman has sent a copy of the final reporton that review to the Lord Chancellor, the Lord Chief Justice and the applicant.

    (3)   The draft report must state the Ombudsman's proposals as to—

      (a) the findings he will make;

      (b) any recommendations he will make for action to be taken by any person in relation to the matter subject to investigation.

    (4)   Those findings and recommendations are referred to in this section as the Ombudsman's response on the investigation.

    (5)   The Ombudsman must submit the draft report to the Lord Chancellor and the Lord Chief Justice.

    (6)   If the Lord Chancellor or the Lord Chief Justice makes a proposal that the Ombudsman's response on the investigation should be changed, the Ombudsman must consider whether or not to change it to give effect to that proposal.

    (7)   The Ombudsman must produce a final report that sets out—

      (a) the Ombudsman's response on the investigation, including any changes made to it to give effect to a proposal under subsection (6);

      (b) a statement of any proposal under subsection (6) that is not given effect to.

    (8)   The Ombudsman must send a copy of the final report to each of the Lord Chancellor and the Lord Chief Justice.

    (9)   Each copy must be signed by the Ombudsman.'.


Delegation of functions

   

Mr Christopher Leslie

NC28

To move the following Clause:—

    '(1)   The Lord Chief Justice may nominate a judicial office holder (as defined in section 95(4)) to exercise any of his functions under the relevant sections.

    (2)   The relevant sections are—

      (a) section 94(3) to (7);

      (b) section (Review by the Ombudsman) (2);

      (c) section (Reports on reviews);

      (d) section 97(4)(b).'.


Scotland

   

Mr Christopher Leslie

NC29

To move the following Clause:—

    '(1)   In section 94, in relation to a judicial office holder who exercises functions wholly or mainly in Scotland, references to the Lord Chief Justice are to be read as references to the Lord President of the Court of Session.

    (2)   Regulations under section 96 and rules under section 98 do not apply in relation to a judicial office holder who exercises functions wholly or mainly in Scotland unless they are made with the agreement of the Lord President of the Court of Session.

    (3)   In section 97(1)(f), (4)(b) and (5)(a) the references to the Lord Chief Justice include references to the LordPresident of the Court of Session.

    (4)   In section 99(3), where the description of offices designated by the order is limited to (or includes) offices in which the holder exercises functions wholly or mainly in Scotland, the reference to the Lord Chief Justice is to be read as (or as including) a reference to the Lord President of the Court of Session.

    (5)   The Lord Chief Justice may by regulations provide for sections (Applications to the Ombudsman) to (References to the Ombudsman relating to conduct) to apply in relation to judicial office holders who exercise functions wholly or mainly in Scotland—

      (a) as if in section (Applications to the Ombudsman)(8)(b) the reference to the Lord Chief Justice were a reference to the Lord President of the Court of Session, and

      (b) with any other modifications specified in the regulations.

    (6)   Regulations under subsection (5) may be made only with the agreement of the Lord Chancellor and the Lord President of the Court of Session.

    (7)   The Lord President of the Court of Session may nominate a judge of the Court of Session who is a member of the First or Second Division of the Inner House of that Court to exercise any of his functions under the relevant sections.

    (8)   The relevant sections under subsection (7) are—

      (a) section 94(3) to (7);

      (b) section (Review by the Ombudsman) (2);

      (c) section (Reports on reviews);

      (d) section 97(4)(b).'.


Northern Ireland

   

Mr Christopher Leslie

NC30

To move the following Clause:—

    '(1)   In section 94, in relation to a judicial office holder who exercises functions wholly or mainly in Northern Ireland, references to the Lord Chief Justice are to be read as references to the Lord Chief Justice of Northern Ireland.

    (2)   Regulations under section 96 and rules under section 98 do not apply in relation to a judicial office holder who exercises functions wholly or mainly in Northern Ireland, unless they are made with the agreement of the Lord Chief Justice of Northern Ireland.

    (3)   In section 97(1)(f), (4)(b) and (5)(a) the references to the Lord Chief Justice include references to the Lord Chief Justice of Northern Ireland.

    (4)   In section 99(3), where the description of offices designated by the order is limited to (or includes) offices in which the holder exercises functions wholly or mainly inNorthern Ireland, the reference to the Lord Chief Justice is to be read as (or as including) a reference to the Lord Chief Justice of Northern Ireland.

    (5)   The Lord Chief Justice may by regulations provide for sections (Applications to the Ombudsman) to (References to the Ombudsman relating to conduct) to apply in relation to judicial office holders who exercise functions wholly or mainly in Northern Ireland—

      (a) as if in section (Applications to the Ombudsman)(8)(b) the reference to the Lord Chief Justice were a reference to the Lord Chief Justice of Northern Ireland, and

      (b) with any other modifications specified in the regulations.

    (6)   Regulations under subsection (5) may be made only with the agreement of the Lord Chancellor and the Lord Chief Justice of Northern Ireland.

    (7)   The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise any of his functions under the relevant sections—

      (a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002 (c. 26);

      (b) a Lord Justice of Appeal (as defined in section 88 of that Act).

    (8)   The relevant sections under subsection (7) are—

      (a) section 94(3) to (7);

      (b) section (Review by the Ombudsman) (2);

      (c) section (Reports on reviews);

      (d) section 97(4)(b).'.



 
previous section contents continue
 
House of Commons home page Houses of Parliament home page House of Lords home page Search page Enquiries index

©Parliamentary copyright 2005
Prepared 1 Mar 2005