Ombudsman Act 1980

Conduct of investigations.

8

8.(1) An investigation by the Ombudsman under this Act shall be conducted otherwise than in public.

(2) Where the Ombudsman proposes to carry out an investigation under this Act into an action he shall afford—

(a) any F17[reviewable agency concerned], and

(b) any other person who appears or, in a case where a complaint in relation to the action has been made to the Ombudsman, is alleged, to have taken or authorised the action,

an opportunity to comment on the action and, if a complaint in relation to the action has been made to the Ombudsman, on any allegations contained in the complaint.

(3) Subject to the provisions of this Act, the procedure for conducting an investigation shall be such as the Ombudsman considers appropriate in all the circumstances of the case.

(4) The Ombudsman may determine whether any person may be represented, by counsel, solicitor or otherwise, in an investigation by him under this Act.

Annotations

Amendments:

F17

Substituted (31.10.2012, 30.04.2013) by Ombudsman (Amendment) Act 2012 (38/2012), s. 11, in effect as per s. 1(3).

Modifications (not altering text):

C20

Application of section extended (25.04.2004) by Ombudsman For Children Act 2002 (22/2002), s. 15, S.I. No. 925 of 2004.

Conduct of investigations.

15.—Section 8 of the Act of 1980 shall apply to the conduct by the Ombudsman for Children of investigations by him or her under this Act as it applies to the conduct by the Ombudsman of investigations by him or her under that Act with the modification that the reference in subsection (2)(a) of that section to any Department of State, or other person specified in Part 1 of the First Schedule to that Act, concerned shall be construed as a reference to any public body, school or voluntary hospital concerned, and with any other necessary modifications.