Financial Services and Pensions Ombudsman Act 2017


Staff of Ombudsman

15. (1) Subject to subsection (4), the Ombudsman may appoint persons to be the staff of his or her office and may determine their duties.

(2) Appointments under subsection (1) shall be subject to—

(a) the Act of 2004, and

(b) the Civil Service Regulation Acts 1956 to 2005.

(3) Persons may be appointed under subsection (1)

(a) as consultants or advisors in accordance with section 16,

(b) on a contract for services,

(c) on a permanent basis, or

(d) on a temporary or part-time basis.

(4) The Ombudsman, with the approval of the Minister and the consent of the Minister for Public Expenditure and Reform, shall determine—

(a) the terms and conditions of employment (including terms and conditions relating to remuneration and allowances) of staff appointed under this section, and

(b) the grades of the staff of his or her office and the numbers of staff at each grade.

(5) The Ombudsman shall have regard to the Government’s policy on remuneration of public sector employees, the overall sanctioned numbers and policy and any directions that the Minister for Public Expenditure and Reform may give from time to time for the purpose of giving effect to those policies.

(6) The members of staff of the Ombudsman shall perform their functions under the direction and control of the Ombudsman.

(7) The Ombudsman may authorise a person appointed under subsection (1) to perform any of the functions conferred on the Ombudsman by this Act.

(8) The Ombudsman may revoke an authorisation made under subsection (7).

(9) Where a person is authorised to perform functions under subsection (7), references in this Act to the Ombudsman, in so far as the references relate to the functions the subject of the authorisation, are to be read as references to the authorised person.

(10) An act or thing done by a person within the scope of the authority given by the Ombudsman has the same force and effect as if done by the Ombudsman.

(11) A member of the staff of the Ombudsman may perform functions authorised under subsection (7) free from interference from any other person, except that the staff member shall—

(a) comply with directions given by the Ombudsman or the Deputy Ombudsman under section 12(9) or subsection (6), and

(b) keep the Ombudsman or the Deputy Ombudsman informed about the performance of his or her functions generally.