22
Official Information
(b)
consultations necessary before the requirement can be
complied with are such that the requirement cannot
reasonably be complied with within the original time limit;
(c)
the complexity of the issues raised by the requirement are
such that that requirement cannot reasonably be complied
with within the original time limit.
(3)
Any extension under subsection (2) of this section shall be for a
reasonable period of time having regard to the circumstances.
(4)
The extension shall be effected by giving or posting notice of the
extension to the Ombudsman within 20 working days after the day on which the
requirement is received.
(5)
The notice effecting the extension shall –
(a)
specify the period of the extension; and
(b)
give the reasons for the extension; and
(c)
contain such other information as is necessary.
(6)
If any Ministry or Minister of the Crown or organisation fails, within
the time limit fixed by subsection (1) of this section (or, where that time limit has been
extended under subsection (2) of this section, within that time limit as so extended) to
comply with any requirement to which subsection (1) of this section applies, the
Ombudsman may report such failure to the Prime Minister, and may thereafter make such
report through the Speaker to Parliament on the matter as the Ombudsman thinks fit.
(7)
Notwithstanding anything in this section, the Ombudsman shall not,
in any report made under subsection (6) of this section, make any comment that is adverse
to any person unless the person has first been given an opportunity to be heard.
33.
Procedure after investigation – (1) Where, after making an investigation of a
complaint made under section 30 of this Act, an Ombudsman is of the opinion (a)
that the request made in accordance with section 11 of this
Act should not have been refused; or
(b)
that the decision complained of is unreasonable or wrong or
is otherwise a decision to which subsection (1) or subsection
(2) of section 19 of the Ombudsman Act 1984 applies, the Ombudsman shall, subject to subsection (3) of this section,
(c)
report his or her opinion and his or her reasons therefore to
the appropriate Ministry or Minister of the Crown or
organisation; and
(d)
subject to section 34 of this Act, make such recommendation
as he thinks fit; and
(e)
give to the complainant –
(i)
a copy of his or her recommendations (if any); and
(ii)
such other information as he or she thinks proper.
(2)
The Ombudsman shall also send a copy of his or her report and
recommendations to such Minister of the Crown as he or she considers appropriate.
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