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

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PARLIAMENTARY COMMISSIONER ACT (NORTHERN IRELAND) 1969 - SECT 5

Matters subject to investigation.

5.(1) Subject to the provisions of this section, the Commissioner may
investigate any action taken by or on behalf of a government department or
other authority to which this Act applies, being action taken in the exercise
of administrative functions of that department or authority, in any case where

(a)a written complaint is duly made to a member of the House of Commons by a
member of the public who claims to have sustained injustice in consequence of
maladministration in connection with the action so taken; and

(b)the complaint is referred to the Commissioner, with the consent of the
person who made it, by a member of the House of Commons with a request to
conduct an investigation thereon.

(2) 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;

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

(3) Without prejudice to subsection (2), the Commissioner shall not conduct an
invesigation under this Act in respect of any such actions or matters as may
be described in Schedule 2.

(4) The Governor may by Order in Council amend Schedule 2 so as to exclude
from the provisions of that Schedule any such action or matter as is described
in that Order.

(5) The Governor shall not be recommended to make any Order in Council under
this section until a draft thereof has been laid before Parliament and
approved by a resolution of each House of Parliament.

(6) 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.

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Northern Irish Legislation

PARLIAMENTARY COMMISSIONER ACT (NORTHERN IRELAND) 1969 - SECT 5