Regulations

(1) The Ombudsman may make regulations to provide for any matter which is or may be prescribed by this Act and for any other matter in respect of which it may be necessary or desirable to make regulations for the better carrying into effect of the provisions of this Act. (2) The Ombudsman may make the contravention of any regulation made by him under the preceding sub-section an offence punishable by a fine not exceeding one thousand dollars or by imprisonment for a term not exceeding six months, or both such fine and imprisonment. (3) All regulations made by the Ombudsman under this section shall be laid before the National Assembly as soon as may be after the making thereof and shall be subject to negative resolution. 28 SCHEDULE I OMBUDSMAN ACT Terms and Conditions for Pensions and Gratuities of Ombudsman [section 9] 1. In this Schedule, “pensionable emoluments” has the same meaning as in the Pensions Act. Interpretation. CAP. 30. Entitlement to pensions and gratuities in respect of service as Ombudsman. CAP. 30. 2.-(1) Where a person holding the office of Ombudsman retires in pensionable circumstances he shall, subject to the provisions of this Schedule, be paid pension and gratuity in accordance with this Act in lieu of any pension, allowance or gratuity for which he may have been eligible or which he may have been granted pursuant to the Pensions Act. (2) A person entitled to pension or gratuity pursuant to sub- paragraph (1)of this paragraph or who is eligible for a grant of pension or gratuity pursuant to sub-paragraph (5) of this paragraph may, by memorandum in writing to the Governor- General, elect to forego his entitlement under this Act and be granted instead such award under the Pensions Act as would be payable under that Act if the office of Ombudsman were a pensionable office under that Act. (3) For the purposes of this paragraph and paragraph 4, a person retires in pensionable circumstances if he retires- (a) on or after the expiration of six years from the date of his appointment to the office of Ombudsman; or (b) by reason of ill-health prior to such expiration; or Ombudsman 29 (c) on his attaining the age at which he is required by or under the provisions of section 4 of this Act to vacate office. (4) For the purposes of this Act, a person retires from the office of Ombudsman on the ground of ill-health if, (a) he retires on medical evidence, to the satisfaction of the Governor-General, that he is incapable by reason of any infirmity of mind or body of discharging the duties of his office and that such infirmity is likely to be permanent; or (b) he is removed from office, in accordance with section 4 (6) of this Act, for inability, arising from infirmity of mind or body, to perform the functions of his office. (5) A person who, pursuant to section 4 (6) of this Act, is removed from the office of Ombudsman for misbehaviour or for any cause other than inability arising from infirmity of mind or body or who retired otherwise than in pensionable circumstances may, subject to sub-paragraph (2), be granted by the Governor-General in lieu of any pension, allowance or gratuity for which he may have been eligible pursuant to the Pensions Act, such pension and gratuity as the Governor- General thinks fit not exceeding the pension and gratuity to which he would have been entitled had he retired in pensionable circumstances from such office and, for the purposes of sub-paragraph (6) of this paragraph, the date of such removal from office or retirement shall be deemed to be the date of retirement in pensionable circumstances. CAP. 30. (6) Pension payable in accordance with this paragraph shall, (a) be charged on and payable out of the Consolidated Revenue Fund; and 30 Ombudsman (b) be paid monthly in arrears with effect, subject to paragraph 4 of this Schedule, from the date of retirement in pension- able circumstances and shall, subject to the provisions of this Act, continue to be paid during the lifetime of the person entitled thereto. Rate of pension. 3. The rate of pension payable pursuant to paragraph 2 of this Schedule to any person shall be an annual rate equivalent to the sum of one-half of his pensionable emoluments at the date of retirement and one-three hundred and sixtieth of such pensionable emoluments in respect of each month of service as an Ombudsman, Provided that the rate of pension shall not exceed the annual rate of such pensionable emoluments. Special provision where Ombudsman retires before attaining age fifty. 4. Where in accordance with paragraph 2 (3), a person retires in pensionable circumstances before he has attained the age of fifty years- (a) the date with effect from which any pension due to him under this Act shall be payable, shall be the date on which he attains that age, but, if he elects pursuant to paragraph5 to take a reduced pension and commuted pension gratuity, nothing in this paragraph shall prevent payment of the commuted pension gratuity at any time prior to the attainment of that age; and (b) if he dies before attaining that age, and he has not made an election to receive a reduced pension and commuted pension gratuity as aforesaid, he shall for the purposes of paragraph 6 be deemed to have died while holding the office of Ombudsman. Ombudsman 31 5.-(1) Any person to whom a pension (in this paragraph referred to as “the original pension”) is payable pursuant to paragraph 2 may, at his option exercisable at his retirement in pensionable circumstances or within such period prior or subsequent to his retirement as the Governor- General may allow, be paid, in lieu of the original pension, a reduced pension at the rate of three-fourths of the annual rate of the original pension together with a gratuity (in this Act referred to as a “commuted pension gratuity”) equal to twelve and one- half times the amount by which the original pension is reduced. Reduced pension and gratuity. (2) The option referred to in sub-paragraph (1) of this paragraph shall be irrevocable unless the Governor-General, on such terms as he considers reasonable, otherwise permits. Gratuity on death. 6.-(1) Where a person dies while holding the office of Ombudsman, there shall be paid to his legal personal representatives, a gratuity of an amount equivalent to, (a) one year’s pensionable emoluments; or (b) the commuted pension gratuity for which the person aforesaid had a right to opt pursuant to paragraph 5 of this Schedule on the assumption that he retired in pensionable circumstances at the date of his death, whichever is the greater. (2) Where a person dies while in receipt of a pension pursuant to paragraph 2 above, there shall be paid to his legal personal representatives a gratuity of an amount equivalent to one year’s pensionable emoluments of that person at the date of his retirement or removal from office, from which gratuity shall be deducted any pension or gratuity already paid to that person under this Act or under the Pensions Act. CAP. 30. 32 Ombudsman 7. Where a person holding the office of Ombudsman dies as a result of injuries received, Pensions to dependents when the Om buds man dies as a result of injuries received or disease contracted in the discharge of his duties. (a) in the actual discharge of his duties; (b) in circumstances in which the injury is not wholly or mainly due to or seriously aggravated by his own serious and culpable negligence or misconduct; and (c) on account of circumstances specifically attributable to the nature of his duty, while serving in that office, it shall be lawful for the Governor- General to grant to the deceased Ombudsman’s widow, children, parents or other dependents such awards as would have been made under the Pensions Act if the office of Ombudsman were a pensionable office for the purposes of that Act. Pensions, etc. not to be assigned. 8. A pension or gratuity payable under this Act shall not be assignable or transferable except for the purpose of satisfying, (a) a debt due to the Government; or (b) an order of any court for the payment of periodical sums of money towards the maintenance of the wife, or former wife, or minor children, of the person to whom the pension or gratuity is payable, and shall not be liable to be attached, sequestered or levied upon, for or in respect of any debt due or claim whatever except a debt or claim due to the Government. 9.-(1) Where a person dies while holding the office of Ombudsman or while entitled to a pension under paragraph 2, there shall be paid to his widow a pension at an annual rate Ombudsman 33 equivalent to one-fifth of the pensionable emoluments of the person aforesaid at the date of his death or, if at that date he was entitled to receive a pension under paragraph 2, at the date of his retirement or, as the case may be, removal from office in accordance with this Act. (2) Pension payable to a widow pursuant to sub-paragraph (1) above shall, (a) be charged on and payable out of the Consolidated Revenue Fund; and (b) be paid monthly in arrears with effect from the date of her husband’s death and shall, subject to the provisions of this Act continue to be paid during her lifetime. (2) In paragraph 7 above and sub-paragraphs (1) and (2) of this paragraph, references to a widow shall, in the case of a female appointed Ombudsman, be deemed to include references to a widower and cognate expressions shall be construed accordingly, and similarly, references to a husband shall be deemed to include references to a wife. 10. In the exercise of his powers under this Schedule, the Governor- General shall act in accordance with the recommendations of the National Assembly. Recommendations of National Assembly. 34 Ombudsman SCHEDULE II OMBUDSMAN ACT Oath of Office of Assistant Ombudsman [section 11] I, ................................................. do swear (or solemnly and sincerely affirm and declare) that I will faithfully perform any functions assigned to me under the Ombudsman Act, and I will not, on any account, at any time whatsoever, except in so far as provisions of the Act authorize, directly or indirectly, reveal or make known any information or the nature or contents of any documents communicated to me in the performance of any functions assigned to me by virtue of the Act. So help me God. Ombudsman 35 SCHEDULE III OMBUDSMAN ACT Matters not Subject to Investigation [section 12] 1. The commencement or conduct of civil or criminal proceedings in any court of law in Belize or before any international court or tribunal. CAP. 135. 2. Any action done with respect to orders or directions to the Belize Defence Force or members thereof, or any proceedings under the Defence Act. 3. Action taken by the Minister responsible for foreign affairs relating to the extradition of any person. 4. Any decision or action of the Governor-General or the Public Services Commission relating to the appointment, removal or disciplinary control of any person. CAP. 162. 5. The grant of honours, awards and privileges under the National Honours and Awards Act. 6. Any matter which affects the security or external relations of Belize.