COMMISSIONER FOR COMPLAINTS ACT (NORTHERN IRELAND) 1969 - SECT 5 Matters subject to investigation.

	[Home] [Databases] [World Law] [Search] [Feedback]
	Northern Irish Legislation
You are here: BAILII >> Databases >> Northern Irish Legislation >> COMMISSIONER FOR COMPLAINTS ACT (NORTHERN IRELAND) 1969

[Index] [Table] [Search] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

COMMISSIONER FOR COMPLAINTS ACT (NORTHERN IRELAND) 1969 - SECT 5

Matters subject to investigation.

5.(1) Subject to the provisions of this Act, the Commissioner may investigate
any action taken by or on behalf of a local or public body to which this Act
applies, being action taken in the exercise of the administrative functions of
that body, where

(a)a complaint is made to the Commissioner in accordance with this Act by a
person who claims to have sustained injustice in consequence of
maladministration in connection with the action so taken with a request to
conduct an investigation thereon; and

(b)in such cases as may be prescribed, not being cases in which by virtue of
subsection (2) payment of a fee is not required, the complaint is accompanied
by a fee of such amount, not exceeding #5, as may be prescribed.

For the removal of doubt it is hereby declared that action taken in the
exercise of the administrative functions of a body includes action taken by or
on behalf of that body in relation to any appointment or employment in respect
of which power to take action, or to determine or approve action to be taken,
is vested in that body.

(2) The payment of any fee which may be prescribed pursuant to subsection
(1)(b) shall not be required in any case in which the person aggrieved
furnishes evidence from the Ministry of Health and Social Services that he is
in receipt of supplementary benefit or furnishes evidence to the satisfaction
of the Commissioner that he is a person whose disposable income and disposable
capital, calculated pursuant to [Article 14 of the Legal Aid, Advice and
Assistance (Northern Ireland) Order 1981], are such that a contribution to the
legal aid fund would not be payable by him under [Article 12 of that Order] in
respect of any proceeding and such payment

(a)may, in addition, be waived or returned by the Commissioner at his
discretion in any particular case;

(b)shall be returned in any case in which the Commissioner after investigation
is satisfied that the matters alleged in the complaint are substantially true
and that the person aggrieved had reasonable and probable cause for believing
that the complaint was one which it was proper for the Commissioner to
investigate; and

(c)if not so returned, shall be credited to the Exchequer.

(3) Except as hereinafter provided, the Commissioner shall not conduct an
investigation under this Act in respect of any of the following matters, that
is to say

(a)any action in respect of which the person aggrieved has or had a right of
appeal, reference or review to or before a tribunal constituted under any
statutory provision or otherwise; or

(b)any action in respect of which the person aggrieved has or had a remedy by
way of proceedings in a court of law;

(i)notwithstanding that the person aggrieved has or had such a right or remedy
as is mentioned in paragraph (a) or paragraph (b), if the Commissioner is
satisfied that in the particular circumstance it is not reasonable to expect
him to resort or have resorted to it; or

(ii)notwithstanding that the person aggrieved had exercised such a right as is
mentioned in paragraph (a), if he complains that the injustice sustained by
him remains unremedied thereby and the Commissioner is satisfied that there
are reasonable grounds for that complaint.

(4) Without prejudice to subsection (3), the Commissioner shall not conduct an
investigation under this Act in respect of any such actions or matters as are
described in Schedule 2 as from time to time in force by virtue of any Order
in Council made under section 13(1)(d) otherwise than as authorised by the
proviso to paragraph 3 of that Schedule.

(5) In determining whether to initiate, continue or discontinue an
investigation under this Act, the Commissioner shall, subject to the foregoing
provisions, act in accordance with his own discretion; and any question
whether a complaint is duly made under this Act shall be determined by
the Commissioner.

[Index] [Table] [Search] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback
URL: http://www.bailii.org/nie/legis/num_act/cfcai1969469/s5.html

Northern Irish Legislation

COMMISSIONER FOR COMPLAINTS ACT (NORTHERN IRELAND) 1969 - SECT 5