Local Government Official Information and Meetings Act 1987 No 174 (as at 01 November 2010), Public Act

27 Functions of Ombudsmen
  • (1) It shall be a function of the Ombudsmen to investigate and review any decision by which a local authority—

    • (a) refuses to make official information available to any person in response to a request made by that person in accordance with section 10; or

    • (c) imposes conditions on the use, communication, or publication of information made available pursuant to a request made in accordance with section 10; or

    (2) It shall be a function of the Ombudsmen to investigate and review any decision by which the chief executive of a local authority, or an officer or employee of a local authority authorised by its chief executive, extends any time limit under section 14.

    (3) An investigation and review under subsection (1) or subsection (2) may be made by an Ombudsman only on complaint being made to an Ombudsman in writing or orally.

    (3A) A complaint made orally must be put in writing as soon as practicable.

    (4) If, in relation to any request made in accordance with section 10, any local authority fails within the time limit fixed by section 13(1) (or, where that time limit has been extended under this Act, within the time limit as so extended) to comply with paragraph (a) or paragraph (b) of section 13(1), that failure shall be deemed, for the purposes of subsection (1) of this section, to be a refusal to make available the official information to which the request relates.

    (5) Undue delay in making official information available in response to a request for that information shall be deemed, for the purposes of subsection (1), to be a refusal to make that information available.

    Compare: 1982 No 156 s 28; 1987 No 8 s 16(1)

    Section 27(2): amended, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).

    Section 27(3): substituted, on 22 October 2003, by section 4 of the Local Government Official Information and Meetings Amendment Act 2003 (2003 No 82).

    Section 27(3A): inserted, on 22 October 2003, by section 4 of the Local Government Official Information and Meetings Amendment Act 2003 (2003 No 82).