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Financial Services and Pensions Ombudsman Act 2017 (No. 22)Introductory TextActs Referred toPart 1 Preliminary and General (ss. 1-5)1. Short title and commencement2. Interpretation3. Expenses4. Regulations5. Repeals and revocationsPart 2 Establishment of Office of Ombudsman and Deputy Ombudsman (ss. 6-26)6. Establishment day7. Establishment of Office of Financial Services and Pensions Ombudsman8. Appointment of Ombudsman and Deputy Ombudsman9. Membership of either House of Oireachtas or European Parliament10. Acting Ombudsman11. Removal or resignation of Ombudsman and Deputy Ombudsman12. Functions of Ombudsman13. Functions of Deputy Ombudsman14. Salary and superannuation15. Staff of Ombudsman16. Consultants and advisers17. Confidential information18. Exchange of information and co-operation19. Annual estimate of income and expenditure20. Accounts and audit21. Accounting records22. Accountability of Ombudsman to Public Accounts Committee23. Accountability of Ombudsman to other Oireachtas Committees24. Annual report of Ombudsman25. Publication of certain other reports26. Strategic planPart 3 Dissolutions and Transfers of Functions to Financial Services and Pensions Ombudsman (ss. 27-36)Chapter 1 Dissolution and transfer of functions (ss. 27-34)27. Dissolution of bodies28. Transfer of functions29. References in enactments30. Transfer of land and other property31. Transfer of rights and liabilities, and continuation of leases, licences and permissions granted by dissolved bodies32. Liability for loss occurring before establishment day33. Provisions consequent upon conferral of functions or transfer of assets and liabilities34. Records of dissolved bodiesChapter 2 Transfer of staff and superannuation (s. 35)35. Transfer of staff to office of OmbudsmanChapter 3 Accounts and audits (s. 36)36. Final accounts and final annual report of dissolved bodiesPart 4 Financial Services and Pensions Ombudsman Council (ss. 37-43)37. Establishment of Council38. Chairperson and members of Financial Services Ombudsman Council39. Financial Services Ombudsman Council40. Functions of Council41. Accountability of chairperson of Council to Oireachtas Committees42 Annual report of Council43. Financial services industry levyPart 5 Complaints to the Ombudsman (ss. 44-49)44. Making of complaints45. Death or disability of complainant46. Continuation of investigation on death of complainant47. Powers of Ombudsman in relation to investigation of complaint48. Investigation by Ombudsman of complaints made before establishment day49. Staying of court proceedingsPart 6 Complaints Procedure (ss. 50-62)50. Jurisdiction of Ombudsman51. Time limits for complaints to Ombudsman52. Declining to investigate53. Complaints declined where section 52 applies54. Use of internal dispute resolution procedures55. Requirement for internal dispute resolution procedures56. Conduct of investigation57. Complaints for investigation by Ombudsman58. Mediation59. Obstruction of work of Ombudsman60. Complaints and redress: financial service providers61. Complaints and redress: pension providers62. Decisions of OmbudsmanPart 7 Appeals and Applications to Court (ss. 63-72)63. Definitions (Part 7)64. Appeals65. Enforcement of Ombudsman decision66. Questions of law to High Court67. Appeal of Ombudsman decision68. Application to Circuit Court69. Application to District Court70. Conviction71. Enforcement proceedings72. Power of court to grant injunctions in certain casesPart 8 Other Transitional Provisions (ss. 73-74)73. Saving of regulations made by former Council74. Financial Services Ombudsman's BureauPart 9 Consequential Amendments (ss. 75-76)75. Amendment of Central Bank Act 194276. Amendment of Freedom of Information Act 2014Part 10 Miscellaneous (s. 77)77. Reciprocal arrangements with EEA countriesSchedule 1 Repeals and RevocationsSchedule 1, Part 1 Acts of the OireachtasSchedule 1, Part 2 Statutory InstrumentsSchedule 2 Financial Services and Pensions Ombudsman Council
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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 1 January 2018 - onwards
Version 2 of 2

9. Membership of either House of Oireachtas or European Parliament

DRAFT Text substituted 5. Amendment of section 9 of Principal Act of the Financial Services and Pensions Ombudsman (Amendment) Bill 2023 (stage updated 23 April 2024)
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(1) Where the Ombudsman or Deputy Ombudsman is -

(a) nominated to be a member of Seanad Éireann,

(b) elected to be a member of either House of the Oireachtas or to be a member of the European Parliament, or

(c) regarded under Part XIII of the Second Schedule to the European Parliament Elections Act 1997 as having been elected to that Parliament,

he or she shall thereupon cease to be Ombudsman or Deputy Ombudsman, as the case may be.

(2) Where a member of the staff of the Office is -

(a) nominated to be a member of Seanad Éireann,

(b) elected to be a member of either House of the Oireachtas or to be a member of the European Parliament, or

(c) regarded under Part XIII of the Second Schedule to the European Parliament Elections Act 1997 as having been elected to that Parliament,

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