Disability Act 2005

Application of Ombudsman Act 1980.

40

40.—Notwithstanding anything contained in the Ombudsman Act 1980, that Act shall apply to a determination of an inquiry officer or a decision of a complaints officer in relation to a sectoral plan with the following and any other necessary modifications as if it were an action taken by or on behalf of a F7 [ reviewable agency (within the meaning of that Act) ]:

( a) in section 1, in subsection (1), the following shall be inserted after the definition of “functions”:

“‘head’, in relation to a public body, and ‘public body’, have the meanings assigned to them by the Disability Act 2005;”;

( b) in section 4, in subsection (2), the words from and including F7 [ in the performance ] to the end of the subsection and subsection (4) shall be deleted;

( c) in section 5, in subsection (1)( a), subparagraph (iii) shall be deleted;

( d) in section 6, the following subsection shall be substituted for F7 [ subsections (3) and (3A) ]:

“(3) Where, following an investigation under this Act into an action, it appears to the Ombudsman that, by reason of a failure to comply with a provision of Part 3 of the Disability Act 2005 or of a sectoral plan under that Part, the action adversely affected a person by or on whose behalf a complaint was made under section 38 , or in accordance with the procedure for complaints provided for pursuant to section 31(4)(b) , of that Act or any other person and the Ombudsman considers that in all the circumstances he or she should do so, he or she may recommend to the head of the public body concerned or to any other person concerned—

( a) that the matter in relation to which the action was taken be further considered,

( b) that measures or specified measures be taken to remedy, mitigate or alter the adverse effect of the action, or

( c) that the reasons for taking the action be given to the Ombudsman,

and, if the Ombudsman thinks fit to do so, he or she may request the head of the public body or that other person to notify him or her within a specified time of his or her response to the recommendation.”;

and

( e) in section 7, the following subsection shall be inserted after subsection (1):

“(1A) ( a) An officer of the Ombudsman authorised in writing in that behalf by the Ombudsman may, for the purposes of a preliminary examination or an investigation under section 4 in relation to a public body or any other person concerned carried out by virtue of section 40 of the Disability Act 2005

(i) at all reasonable times enter any premises occupied by the body or other person aforesaid,

(ii) search the premises and any books, documents or other records found there by him or her,

(iii) require any person on the premises who is employed by the body or other person to give to him or her such information within his or her knowledge or procurement (including, in the case of such information in a non-legible form, a reproduction of it in a legible form), or such records as aforesaid in his or her possession or within his or her procurement, as he or she may reasonably require for the purposes aforesaid,

(iv) examine and take copies of, or of extracts from, any such records as aforesaid and remove and retain any such records for such period as may be reasonable for further examination,

(v) require any such person as aforesaid who has in his or her possession any such records to retain them for such reasonable period as he or she may direct, and

(vi) take on to the premises and use there a camera or other recording apparatus or any other equipment, for the purpose of facilitating the proof of any non-compliance with Part 3 of the Disability Act 2005 found or suspected by the officer on the premises.

( b) In paragraph ( a), ‘premises’ includes a structure or place and a vehicle, ship or other vessel and the reference to occupied in that paragraph shall be construed, in relation to a vehicle, ship or other vessel, as a reference to owned, used or operated.

( c) A person who—

(i) obstructs or impedes an officer of the Ombudsman while he or she is performing a function under this section,

(ii) fails or refuses to comply with a requirement under this section,

(iii) alters, disposes of or destroys any books, documents or other records which the person has been required under this section to give to such an officer or may reasonably expect to be required so to do, or

(iv) gives to such an officer information which is false or misleading in a material respect,

is guilty of an offence and is liable on summary conviction to a fine not exceeding €3,000.

( d) When performing any of his or her functions under this subsection, an officer of the Ombudsman shall, if so requested by any person affected, produce to the person his or her authorisation under paragraph ( a) or a copy of it.”.

Annotations

Amendments:

F7

Substituted (31.10.2012) by Ombudsman (Amendment) Act 2012 (38/2012), s. 25, commenced as per s. 1(3).