S.I. No. 332/1984:

OMBUDSMAN ACT (FIRST SCHEDULE) (AMENDMENT) ORDER, 1984.

OMBUDSMAN ACT (FIRST SCHEDULE) (AMENDMENT) ORDER, 1984.

The Government, in exercise of the powers conferred on them by section 4 (10) of the Ombudsman Act, 1980 (No. 26 of 1980), and after consultation with the Ombudsman, hereby order as follows:

1. (1) This Order may be cited as the Ombudsman Act (First Schedule) (Amendment) Order, 1984.

(2) This Order shall come into operation on the 1st day of April, 1985.

2. The First Schedule to the Ombudsman Act, 1980 (No. 26 of 1980), is hereby amended--

( a ) in Part 1, by the insertion after "Department of Health" of:

"An Post

Bord Telecom Éireann

Health boards

Local authorities for the purposes of the Local Government Act, 1941 ", and

( b ) in Part II by the insertion after "the Broadcasting Complaints Commission" of:

"The reference in the said Part I to health boards does not include a reference to--

( a ) persons when acting on behalf of health boards and (in the opinion of the Ombudsman) solely in the exercise of clinical judgement in connection with the diagnosis of illness or the care or treatment of a patient, whether formed by the person taking the action or by any other person, or

( b ) health boards when acting on the advice of persons acting as aforesaid, being actions of health boards that, in the opinion of the Ombudsman, were taken solely on such advice

The reference in the said Part I to local authorities for the purposes of the Local Government Act, 1941 , does not include a reference to--

local authorities when performing reserved functions within the meaning of the County Management Acts, 1940 to 1955, or reserved functions within the meaning of any of the Acts relating to the management of a county borough".

GIVEN under the Official Seal of the Government, this 6th day of December,

1984.

GARRET FITZGERALD,

Taoiseach.

EXPLANATORY NOTE.

This Order extends the powers of investigation of the Ombudsman to health boards, local authorities, Bord Telecom Éireann and An Post with effect from 1 April, 1985.