A complaint which relates to an act or omission of a person ("the respondent") in carrying on an activity is within the jurisdiction of the ombudsman scheme if—
the complaint is not excluded from the jurisdiction of the scheme by section 126, or by scheme rules made under section 127,
the respondent is within section 128, and
the complainant is within section 128 and wishes to have the complaint dealt with under the scheme.
In subsection (1) references to an act or omission include an act or omission which occurs before the coming into force of this section.
The right of a person to make a complaint under the ombudsman scheme, and the jurisdiction of an ombudsman to investigate, consider and determine a complaint, may not be limited or excluded by any contract term or by notice.