46Notice of investigation

46 Notice of investigation

(1)  Before conducting an investigation of a disclosed matter, the Ombudsman must in writing inform the relevant person or body listed in subsection (2) of his or her intention to do so.

(2)  For the purposes of subsection (1) , information must be given to –

(a) [Section 46 Subsection (2) amended by No. 68 of 2009, s. 24, Applied:01 Oct 2010] [Section 46 Subsection (2) amended by No. 15 of 2023, s. 10, Applied:31 Aug 2023] if the disclosed matter relates to a public body or public officer (other than a member of Parliament), either the relevant Minister or the principal officer of the public body; or

(ab) [Section 46 Subsection (2) amended by No. 15 of 2023, s. 10, Applied:31 Aug 2023] if the disclosed matter relates to –

(i) a member of the House of Assembly, the Speaker of the House; or

(ii) a member of the Legislative Council, the President of the Council; or

(b) [Section 46 Subsection (2) amended by No. 68 of 2009, s. 24, Applied:01 Oct 2010] if the disclosed matter relates to the mayor of a council, the relevant Minister; or

(c) [Section 46 Subsection (2) amended by No. 68 of 2009, s. 24, Applied:01 Oct 2010] if the disclosed matter relates to a councillor (other than the mayor), the mayor and the relevant Minister; or

(d) if the disclosed matter relates to the general manager of a council –

(i) the relevant Minister; or

(ii) the mayor of that council and a senior officer of that council nominated by that council; or

(e) [Section 46 Subsection (2) amended by No. 68 of 2009, s. 24, Applied:01 Oct 2010] if the disclosed matter relates to any other employee of a council, the mayor and the general manager of the relevant council; or