ARRANGEMENT OF SECTIONS
1 Short title
3 Duration of this Act
The Political Ombudsman
4 Political Ombudsman commission
5 Tenure of office
6 Disqualification for appointment
7 Filling of vacancy
8 Remuneration of Political Ombudsman
10 Appointment of staff
11 Oath of secrecy
Functions of Political Ombudsman
18 Secrecy of information
19 Accounts, etc
23 Unaffected remedies
25 Provisions applicable where no Leader of the Opposition
26 Amendments of Oaths Act and Public Defender (Interim) Act
THE POLITICAL OMBUDSMAN (INTERIM) ACT
[Date of Commencement: 15th August, 2002]
Act 25 of 2002.
Preliminary (sections 1-3)
This Act may be cited as the Political Ombudsman (Interim) Act.
In this Act-
"action" includes failure to act, and other expressions connoting action shall be construed accordingly;
"Constitution" means the Constitution of Jamaica;
"emoluments'' means salary, allowances and fees;
"functions" includes powers and duties;
"public service" has the meaning assigned to it by section 1(1) of the Constitution;
"writing" includes anything communicated by electronic means.
This Act shall continue in force until provision is made in the Constitution for the establishment of a Political Ombudsman in terms which preclude the alteration of that provision otherwise than in accordance with the procedures prescribed by or in relation to section 49(2) of the Constitution and shall then expire.
The Political Ombudsman (sections 4-11)
(1) For the purpose of conducting investigations in accordance with the provisions of this Act, there is hereby constituted a commission of Parliament to be known as the Political Ombudsman.
(2) The commission shall consist of such, person as shall be appointed by the Governor-General by instrument under the Broad Seal after consultation with the Prime Minister and the Leader of the Opposition.
(1) Subject to the provisions of this section, the Political Ombudsman shall hold office for a period of seven years and may, at the expiration of such period, be re-appointed for a period of five years but shall not be further re-appointed thereafter.
(2) The Political Ombudsman may at his own request be relieved of office by the Governor-General and shall in any case, subject to the provisions of subsection (3), vacate office on attaining the age of seventy years.
(3) Notwithstanding that he has attained the age at which he is required by or under the provisions of this section to vacate his office, the Political Ombudsman may continue in office for such period after attaining that age as the Governor-General, acting after consultation with the Prime Minister and the Leader of the Opposition, may specify, in order to enable the Political Ombudsman to give his decision or do any other thing in relation to any other investigation he was conducting before he attained that age.
(4) Nothing done by the Political Ombudsman shall be invalid by reason only that he has attained the age at which he is required by this section to vacate his office.
(5) Where by reason of illness, absence from the Island or other sufficient cause, a person appointed Political Ombudsman is unable to perform his functions under this Act, he may appoint a member of his staff to perform those functions for a period not exceeding two months, but if the Political Ombudsman is unable or fails to appoint such a person or if it is necessary that such a person be appointed for a period in excess of two months, the Governor-General, after consultation with the Prime Minister and the Leader of the Opposition, may appoint such person as he thinks fit to perform those functions.
This section of the article is only available for our subscribers. Please click here to subscribe to a subscription plan to view this part of the article.