POLITICAL OMBUDSMAN (INTERIM) ACT

ARRANGEMENT OF SECTIONS

PART I
Preliminary

   1   Short title

   2   Interpretation

   3   Duration of this Act

 

PART II
The Political Ombudsman

   4   Political Ombudsman commission

   5   Tenure of office

   6   Disqualification for appointment

   7   Filling of vacancy

   8   Remuneration of Political Ombudsman

   9   Pensions

   10   Appointment of staff

   11   Oath of secrecy

 

PART III
Functions of Political Ombudsman

   12   Investigation

   13   Complainant

   14   Investigation

 

PART IV
Processing Investigation

   15   Procedure

   16   Evidence

   17   Privilege

 

PART V
General

   18   Secrecy of information

   19   Accounts, etc

   20   Reports

   21   Register

   22   Offences

   23   Unaffected remedies

   24   Regulations

   25   Provisions applicable where no Leader of the Opposition

   26   Amendments of Oaths Act and Public Defender (Interim) Act

      SCHEDULES

 

THE POLITICAL OMBUDSMAN (INTERIM) ACT

[Date of Commencement: 15th August, 2002]

Act 25 of 2002.

PART I
Preliminary
(sections 1-3)

1   Short title

   This Act may be cited as the Political Ombudsman (Interim) Act.

2   Interpretation

   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.

3   Duration of this Act

   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.

PART II
The Political Ombudsman (sections 4-11)

4   Political Ombudsman commission

   (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.

5   Tenure of office

   (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.

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