Law

Public Services Ombudsman (Wales) Act 2005

United Kingdom · statute

Ask the law about thisMore laws of United KingdomFor machines: Markdown

Open at the publisher →

In force since 2019-07-23, as the publisher states.

Copy read on 2026-11-08. The page it was read from

Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

sha256 362c2576040f1d1d8662b8f09865ffaedd210f6ad3c855b4f583ad6b345c0aa8

Contents: 82 provisions
  1. Title and introductory text
  2. 1 The Public Services Ombudsman for Wales
  3. 2 Power of investigation
  4. 3 Alternative resolution of complaints
  5. 4 Who can complain
  6. 5 Requirements: complaints made to the Ombudsman
  7. 6 Requirements: complaints referred to the Ombudsman
  8. 7 Matters which may be investigated
  9. 8 Exclusion: matters not relating to Wales
  10. 9 Exclusion: other remedies
  11. 10 Other excluded matters
  12. 11 Decisions taken without maladministration
  13. 12 Decisions not to investigate or to discontinue investigation
  14. 13 Investigation procedure
  15. 14 Information, documents, evidence and facilities
  16. 15 Obstruction and contempt
  17. 16 Reports of investigations
  18. 17 Publicising reports
  19. 18 Publicising reports: health care providers
  20. 19 Action following receipt of a report
  21. 21 Reports: alternative procedure
  22. 22 Special reports
  23. 23 Special reports: supplementary
  24. 24 Special reports relating to the Welsh Assembly Government etc.
  25. 25 Consultation and co-operation with other ombudsmen
  26. 25A Working jointly with the Commissioner for Older People in Wales
  27. 25B Working collaboratively with the Commissioner for Older People in Wales
  28. 26 Disclosure of information
  29. 27 Disclosure prejudicial to safety of State or contrary to public interest
  30. 28 Listed authorities
  31. 29 Restrictions on power to amend Schedule 3
  32. 30 Provisions in orders adding persons to Schedule 3
  33. 31 Power to issue guidance
  34. 32 Protection from defamation claims
  35. 33 Publicity for complaints procedures
  36. 34 Compensation for the person aggrieved
  37. 34A Matters to which this Part applies
  38. 34B Power to investigate complaints
  39. 34C Alternative resolution of complaints
  40. 34D Who can complain
  41. 34E Requirements: complaints made to the Ombudsman
  42. 34F Requirements: complaints referred to the Ombudsman
  43. 34G Decisions not to investigate complaints or to discontinue investigations
  44. 34H Investigation procedure
  45. 34I Information, documents, evidence and facilities
  46. 34J Obstruction and contempt
  47. 34K Investigation reports
  48. 34L Further publicity for investigation reports
  49. 34M Action following receipt of investigation reports
  50. 34N Reports: alternative procedure
  51. 34O Circumstances in which special reports may be prepared
  52. 34P Special reports
  53. 34Q Further publicity for special reports
  54. 34R Meaning of “care home” and “care home provider”
  55. 34S Meaning of “domiciliary care” and “domiciliary care provider”
  56. 34T Meaning of “palliative care service” and “independent palliative care provider”
  57. 34U Consultation and co-operation with other ombudsmen
  58. 34V Working jointly with other Commissioners
  59. 34W Working collaboratively with other Commissioners
  60. 34X Disclosure of information
  61. 34Y Disclosure prejudicial to safety of State or contrary to public interest
  62. 34Z Protection from defamation claims
  63. 35 Conduct of local government members and employees
  64. 36 Abolition of existing bodies and offices
  65. 37 Transfer of property, staff etc.
  66. 38 Undetermined complaints
  67. 39 Amendments and repeals
  68. 40 Commencement
  69. 41 Interpretation
  70. 42 Former health care providers social landlords, social care providers and palliative care providers : modifications
  71. 43 Consequential, transitional provisions etc.
  72. 44 Orders, regulations and directions
  73. 45 Extent
  74. 46 Short title
  75. SCHEDULE 1 Public Services Ombudsman for Wales: appointment etc.
  76. SCHEDULE 2 Excluded matters : Part 2
  77. SCHEDULE 3 Listed authorities
  78. SCHEDULE 3A Excluded Matters: Part 2A
  79. SCHEDULE 4 Conduct of local government members and employees
  80. SCHEDULE 5 Transfer of staff, property etc.
  81. SCHEDULE 6 Consequential amendments
  82. SCHEDULE 7 Repeals

Proposed changes to this act

No one has proposed a change to this act yet.

82 provisions

SCHEDULE 6 Consequential amendments

Section 39 Parliamentary Commissioner Act 1967 (c. 13) 1 The Parliamentary Commissioner Act 1967 is amended as follows. 2 In section 3 (administrative provisions) in subsection (2), for “of the Welsh Administration Ombudsman or of the Health Service Commissioner for Wales” substitute “ of the Public Services Ombudsman for Wales ”. 3 In section 4 (departments etc. subject to investigation) in subsection (3A), for “by the Welsh Administration Ombudsman under Schedule 9 to the Government of Wales Act 1998” substitute “ by the Public Services Ombudsman for Wales under the Public Services Ombudsman (Wales) Act 2005 ”. 4 In section 11 (provision for secrecy of information) in subsection (2A)— (a) for “holds office as Welsh Administration Ombudsman or a Health Service Commissioner” substitute “ holds office as the Health Service Commissioner for England ”; (b) for “in his capacity as Welsh Administration Ombudsman or a Health Service Commissioner” substitute “ in his capacity as the Health Service Commissioner for England ”. 5 (1) Section 11A is amended as follows. (2) In subsection (1)— (a) for the words from “the Welsh Administration Ombudsman” to “the Health Service Commissioner for England or Wales” substitute “ the Public Services Ombudsman for Wales, the Scottish Public Services Ombudsman or the Health Service Commissioner for England ”; (b) in paragraph (b), for the words from “Government of Wales” to “Health Service” substitute “ Public Services Ombudsman (Wales) Act 2005 or the Health Service ”. (3) In subsection (2), for the words from “Welsh Administration Ombudsman” to “Health Service Commissioner” substitute “ Public Services Ombudsman for Wales, the Scottish Public Services Ombudsman or the Health Service Commissioner for England ”. Superannuation Act 1972 (c. 11) 6 In Schedule 1 to the Superannuation Act 1972 (kinds of employment etc. referred to in section 1)— (a) omit “Health Service Commissioner for Wales”; (b) omit “The Local Commissioner for Wales”; (c) omit “Welsh Administration Ombudsman”. Local Government Act 1974 (c. 7) 7 The Local Government Act 1974 is amended as follows. 8 (1) Section 23 (the Commissions for Local Administration) is amended as follows. (2) In subsection (1)— (a) omit paragraph (b) and the word “and” immediately preceding it; (b) for “each of the Commissions” substitute “ the Commission ”. (3) In subsection (2), for “each of the Commissions” substitute “ the Commission ”. (4) In subsection (3), for “one of the Commissions” substitute “ the Commission ”. (5) Omit subsection (3A). (6) In subsection (7), omit the words from “and, in the event” to the end. (7) In subsection (8), omit the words from “; and where the” to “similar way in Wales”. (8) In subsection (10)— (a) for “Each of the Commissions” substitute “ The Commission ”; (b) in paragraph (a), omit the words from “including” to “that other Commission”. (9) In subsection (11)— (a) for the words from “his Commission” to “submit it to the other Commission”, substitute “ the Commission ”; (b) omit “to the appropriate Commission”. (10) In subsection (12)— (a) for “the Commissions” substitute “ the Commission ”; (b) omit “or the National Assembly for Wales”. (11) In subsection (12A), for “Each of the Commissions” substitute “ The Commission ”. (12) In subsection (12B), in paragraph (a) omit the words “in England or, as the case may be, authorities in Wales”. (13) In subsection (13), for “the Commissions” substitute “ the Commission ”. 9 (1) Section 23A (annual reports for representatives etc.) is amended as follows. (2) In subsection (1)— (a) for “each of the Commissions” substitute “ the Commission ”; (b) in paragraph (a), omit the words “in England or, as the case may be, authorities in Wales”. (3) In subsection (2), for “each Commission” substitute “ the Commission ”. (4) In subsection (3), for “Each Commission” substitute “ The Commission ”. (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) Omit subsection (6). 10 In section 25(1) (authorities subject to investigation)— (a) in paragraph (ab), at the end insert “ for a National Park in England ”; (b) in paragraph (bd), at the end insert “ for an urban development area in England ”; (c) in paragraph (be), at the end insert “ for a designated area in England ”; (d) in paragraph (bg), after “fire and rescue authority” insert “ in England ”; (e) in paragraph (ca), after “Police Act 1996” insert “ for a police area in England ”; (f) in paragraph (d), at the end insert “ for an area wholly or partly in England ”. 11 (1) Section 26 (matters subject to investigation) is amended as follows. (2) In subsection (6)(b), omit “or the National Assembly for Wales”. (3) After subsection (6) insert— (6A) A Local Commissioner shall not conduct an investigation under this Part of this Act in respect of any action taken in connection with the discharge by an authority of any of the authority's functions otherwise than in relation to England. 12 (1) Section 29 (investigations: further provisions) is amended as follows. (2) In subsection (3), omit “or the National Assembly for Wales”. (3) in subsection (5)— (a) omit paragraph (aa); (b) in paragraph (b), for “or the Health Service Commissioner for Wales, or by any of their officers” substitute “ or by any of his officers ”; (c) after paragraph (b) insert , or (c) the restriction imposed by section 26 of the Public Services Ombudsman (Wales) Act 2005. . 13 (1) Section 32 (law of defamation and disclosure of information) is amended as follows. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) In subsection (5)— (a) omit “or the National Assembly for Wales”; (b) omit “or a member of the Assembly's staff”; (c) omit “or the Assembly”. 14 Omit section 32A (use of information by Local Commissioner in other capacity). 15 (1) Section 33 (consultation between Local Commissioner and other commissioners and ombudsmen) is amended as follows. (2) In subsection (1)— (a) omit paragraphs (aa) and (aza); (b) in paragraph (b), omit “or the Health Service Commissioner for Wales”; (c) after paragraph (b) insert— (ba) by the Public Services Ombudsman for Wales, in accordance with the Public Services Ombudsman (Wales) Act 2005; ; (d) omit “under the Housing Act 1996, under the Government of Wales Act 1998,”; (e) after “the Act of 1993” insert “ , the Public Services Ombudsman (Wales) Act 2005 ”. (3) In subsection (2)— (a) for the words from “the Social” to “Welsh Administration Ombudsman” substitute “ the Public Services Ombudsman for Wales ”; (b) for “one of the Health Service Commissioners” substitute “ the Health Service Commissioner for England ”. (4) In subsection (5)— (a) omit “in paragraph 13(1) of Schedule 2A to the Housing Act 1996”; (b) for “paragraph 25(1) of Schedule 9 to the Government of Wales Act 1998” substitute “ section 26 of the Public Services Ombudsman (Wales) Act 2005 ”. 16 (1) Section 34(1) (interpretation of Part 3) is amended as follows. (2) For the definition of “the Commissions” substitute— “the Commission” means the Commission for Local Administration in England, . (3) In the definition of “local authority”— (a) after “a county council” insert “ in England ”; (b) omit “a Welsh county council, a county borough council”. 17 For the title to Schedule 4, substitute “ The Commission ”. 18 (1) Schedule 4 is amended as follows. (2) in paragraph 1(3) (disqualifications), omit the words “or in the office of Social Housing Ombudsman for Wales”. (3) In paragraph 2(2), omit the words from “and, if the Commissioner for Local Administration in Wales” to the end. (4) In paragraph 3— (a) in sub-paragraph (1), for “Each Commission” substitute “ The Commission ”; (b) in sub-paragraph (2), for “the appropriate Commission” substitute “ the Commission ”. (5) In paragraph 4— (a) in sub-paragraph (1), for “Each of the Commissions” substitute “ The Commission ”; (b) in sub-paragraph (2), for “Each of the Commissions” substitute “ The Commission ”; (c) in sub-paragraph (3), for “a Commission” substitute “ the Commission ”; (d) omit sub-paragraph (4). (6) In the heading before paragraph 5, for “the Commissions” substitute “ the Commission ”. (7) In paragraph 5— (a) in sub-paragraph (1), for “The Commissions” substitute “ The Commission ”; (b) in sub-paragraph (2), for “either Commission” substitute “ the Commission ”; (c) in sub-paragraph (3), for “Each of the Commissions” substitute “ The Commission ”. (8) In the heading before paragraph 6, for “the Commissions” substitute “ the Commission ”. (9) In paragraph 6, in sub-paragraphs (1), (2) and (3), omit “for Local Administration in England”. (10) Omit paragraph 6A. (11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (12) In paragraph 8, omit “for Local Administration in England”. (13) Omit paragraph 8A. House of Commons Disqualification Act 1975 (c. 24) 19 In Schedule 1 to the House of Commons Disqualification Act 1975 (offices disqualifying for membership)— (a) in Part 2, omit “The Commission for Local Administration in Wales.”; (b) in Part 3— (i) omit “Health Service Commissioner for Wales.”; (ii) at the appropriate place insert “ Public Services Ombudsman for Wales. ”; (iii) omit “Welsh Administration Ombudsman.”. National Health Service Act 1977 (c. 49) 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mental Health Act 1983 (c. 20) 21 In section 134 of the Mental Health Act 1983 (correspondence of patients), in subsection (3)(c)— (a) for “the Welsh Administration Ombudsman” substitute “ the Public Services Ombudsman for Wales ”; (b) omit “, the Health Service Commissioner for Wales”. Finance Act 1989 (c. 26) 22 In section 182 of the Finance Act 1989 (disclosure of information)— (a) in subsection (4)(a), for sub-paragraph (iv) substitute— (iv) of the Public Services Ombudsman for Wales and any member of his staff, or ; (b) in subsection (6), for “the Welsh Administration Ombudsman” substitute “ the Public Services Ombudsman for Wales ”; (c) in subsection (11)(c), omit “, the Health Service Commissioner for Wales”. Local Government and Housing Act 1989 (c. 42) 23 The Local Government and Housing Act 1989 is amended as follows. 24 (1) Section 5 (designation and reports of monitoring officer) is amended as follows. (2) In subsection (2), after paragraph (b) insert ; or (c) a matter which the Public Services Ombudsman for Wales would be entitled to investigate under the Public Services Ombudsman (Wales) Act 2005, . (3) After subsection (2A) insert— (2AA) No duty shall arise by virtue of subsection (2)(c) above unless the Public Services Ombudsman for Wales has conducted an investigation under the Public Services Ombudsman (Wales) Act 2005 in relation to the proposal, decision or omission concerned. 25 (1) Section 5A (reports of monitoring officer: local authorities operating executive arrangements) is amended as follows. (2) In subsection (3), after paragraph (b) insert ; or (c) a matter which the Public Services Ombudsman for Wales would be entitled to investigate under the Public Services Ombudsman (Wales) Act 2005. . (3) After subsection (4) insert— (4A) No duty shall arise by virtue of subsection (3)(c) above unless the Public Services Ombudsman for Wales has conducted an investigation under the Public Services Ombudsman (Wales) Act 2005 in relation to the proposal, decision or omission concerned. Social Security Administration Act 1992 (c. 5) 26 In section 123 of the Social Security Administration Act 1992 (unauthorised disclosure of information relating to particular persons) in subsection (8)— (a) omit paragraphs (f), (hb) and (hd); (b) before paragraph (i) insert— (he) the Public Services Ombudsman for Wales and any member of his staff; . (c) in paragraph (k), for “(hb)” substitute “ (ha) ”. Health Service Commissioners Act 1993 (c. 46) 27 The Health Service Commissioners Act 1993 is amended as follows. 28 In the heading before section 1, for “Commissioners” substitute “ Commissioner ”. 29 For the heading to section 1, substitute “ The Commissioner ”. 30 (1) Section 1 is amended as follows. (2) In subsection (1), omit paragraph (b). (3) In subsection (2)— (a) for “a Commissioner” substitute “ the Commissioner ”; (b) for “any of the Commissioners” substitute “ the Health Service Commissioner for England ”. (4) In subsection (3), omit the words from “for England” to the end. 31 (1) Section 2 (the bodies subject to investigation) is amended as follows. (2) In subsection (1), for “the Health Service Commissioner for England” substitute “ the Commissioner ”. (3) Omit subsection (2). (4) For subsection (6) substitute— (6) A designation made for the purposes of subsection (5)(b) shall be made by Order in Council; and a statutory instrument containing an Order in Council made by virtue of this subsection shall be subject to annulment in pursuance of a resolution of either House of Parliament. . 32 (1) Section 2A (health service providers subject to investigation) is amended as follows. (2) In subsection (1), for “the Health Service Commissioner for England” substitute “ the Commissioner ”. (3) Omit subsection (2). (4) In subsection (4), for “subsection (1) or (2)” substitute “ subsection (1) ”. 33 (1) Section 2B (independent providers subject to investigation) is amended as follows. (2) In subsection (1), for “the Health Service Commissioner for England” substitute “ the Commissioner ”. (3) Omit subsections (2) and (2A). (4) In subsection (4), for “subsection (1)(a) or (2)(a)” substitute “ subsection (1)(a) ”. (5) In subsection (5), for “subsection (1) or (2)” substitute “ subsection (1) ”. 34 In the heading to section 3, for “Commissioners” substitute “ Commissioner ”. 35 (1) Section 3 is amended as follows. (2) In subsections (1), (1A), (1C), (1E), (2), (3), (4), (5) and (6), for “a Commissioner” substitute “ the Commissioner ”. (3) Omit subsection (1YA). 36 (1) Section 4 (availability of other remedy) is amended as follows. (2) In subsections (1) and (2), for “A Commissioner” substitute “ The Commissioner ”. (3) In subsection (5), for “a Commissioner” substitute “ the Commissioner ”. 37 In section 6 (general health services and service committees) in subsections (3) and (5)— (a) for “A Commissioner” substitute “ The Commissioner ”; (b) omit “or Health Authority”. 38 (1) Section 7 (personnel, contracts etc.) is amended as follows. (2) In subsection (1)— (a) for “A Commissioner” substitute “ The Commissioner ”; (b) omit “or service as a member of the staff of the Assembly”. (3) In subsection (2), for “A Commissioner” substitute “ The Commissioner ”. (4) In subsection (3), for “the Health Service Commissioners for England and for Wales” substitute “ the Commissioner ”. (5) In subsection (3A), for “A Commissioner” substitute “ The Commissioner ”. (6) In subsections (3B) and (4), for “a Commissioner” substitute “ the Commissioner ”. 39 (1) Section 9 (requirements to be complied with) is amended as follows. (2) In subsection (1), for “a Commissioner” substitute “ the Commissioner ”. (3) In subsection (4A), for “section 2A(1) or (2)” substitute “ section 2A(1) ”. (4) In subsection (4B), for “section 2B(1) or (2)” substitute “ section 2B(1) ”. 40 (1) Section 10 (referral of complaint by health service body) is amended as follows. (2) In subsections (1), (4) and (5), for “a Commissioner” substitute “ the Commissioner ”. (3) Omit subsection (2A). 41 (1) Section 11 (procedure in respect of investigations) is amended as follows. (2) In subsections (1), (1A), (1B), and (1C), for “a Commissioner” substitute “ the Commissioner ”. (3) In subsection (4)— (a) for “A Commissioner” substitute “ The Commissioner ”; (b) for “the Health Service Commissioner for England” substitute “ the Commissioner ”; (c) omit the words from “and payments made by the Health Service Commissioner for Wales” to the end. 42 In section 12 (evidence) in subsections (1), (1A) and (2), for “a Commissioner” substitute “ the Commissioner ”. 43 In section 13 (obstruction and contempt), in subsection (1), for “A Commissioner” substitute “ The Commissioner ”. 44 For the heading to section 14 substitute “ Reports by the Commissioner ”. 45 (1) Section 14 is amended as follows. (2) In subsections (1), (2), (2A), (2B), (2C), (2D), (2E), (2F), (3) and (5), for “the Health Service Commissioner for England” substitute “ the Commissioner ”. (3) In subsection (4), for “The Health Service Commissioner for England” substitute “ The Commissioner ”. 46 Omit sections 14A to 14C (reports by the Welsh Commissioner). 47 (1) Section 15 (confidentiality of information) is amended as follows. (2) In subsection (1), for each occurrence of “a Commissioner” substitute “ the Commissioner ”. (3) In subsections (1A), (1C) and (2), for “a Commissioner” substitute “ the Commissioner ”. (4) In subsection (3)— (a) for “a Commissioner's” substitute “ the Commissioner's ”; (b) omit “or paragraph 6(6) of Schedule 1A”. 48 In section 16 (information prejudicial to the safety of the State) in subsections (1) and (2), for “a Commissioner” substitute “ the Commissioner ”. 49 (1) Section 17 (use of information by Commissioner in other capacity) is amended as follows. (2) In subsection (1)— (a) for “a Commissioner” substitute “ the Commissioner ”; (b) omit the words from “any of the other offices” to “Welsh Administration Ombudsman or”. (3) Omit subsection (3). 50 (1) Section 18 (consultation during investigations) is amended as follows. (2) In subsection (1)— (a) for “a Commissioner” substitute “ the Commissioner ”; (b) omit paragraph (a); (c) for paragraph (ba) substitute— (ba) by the Public Services Ombudsman for Wales under the Public Services Ombudsman (Wales) Act 2005, ; (d) omit paragraph (e) and the word “or” immediately preceding it. (3) In subsection (2)— (a) for “a Commissioner” substitute “ the Commissioner ”; (b) for “the Ombudsman” substitute “ the Public Services Ombudsman for Wales ”. 51 In section 18A (disclosure of information to Information Commissioner) in subsection (1) for “The Health Service Commissioner for England or the Health Service Commissioner for Wales” substitute “ The Health Service Commissioner ”. 52 (1) Section 19 (interpretation) is amended as follows. (2) Omit the definitions of “financial year” and “first financial year of the Assembly”. (3) In the definition of “officer” omit “and, in the case of the Health Service Commissioner for Wales, any member of his staff”. 53 (1) Schedule 1 is amended as follows. (2) Omit paragraph A1. (3) In the heading before paragraph 1, for “Commissioners” substitute “ Commissioner ”. (4) In paragraph 1(1) and (2), for “a Commissioner” substitute “ the Commissioner ”. (5) In paragraph 3— (a) in sub-paragraph (1), for “a Commissioner” substitute “ the Commissioner ”; (b) in sub-paragraph (2), for “section 2(1) or (2)” substitute “ section 2(1) ”. (6) In paragraph 3A— (a) in sub-paragraph (1), for “a Commissioner” substitute “ the Commissioner ”; (b) in sub-paragraph (2), for “section 2A(1) or (2)” substitute “ section 2A(1) ”. (7) In paragraphs 4, 5 and 7, for “a Commissioner” substitute “ the Commissioner ”. (8) In paragraph 11(1), for “A Commissioner” substitute “ The Commissioner ”. (9) In paragraph 12— (a) for “a Commissioner” substitute “ the Commissioner ”; (b) for “the Health Service Commissioner for Wales, the Parliamentary Commissioner or the Welsh Administration Ombudsman” substitute “ the Parliamentary Commissioner or the Public Services Ombudsman for Wales ”. (10) In paragraph 13— (a) in sub-paragraph (1), for “a Commissioner” substitute “ the Commissioner ”; (b) in sub-paragraph (2), for “A Commissioner” substitute “ The Commissioner ”. (11) In paragraph 14, for “a Commissioner” substitute “ the Commissioner ”. 54 Omit Schedule 1A (the Welsh Commissioner). Deregulation and Contracting Out Act 1994 (c. 40) 55 In section 79(1) of the Deregulation and Contracting Out Act 1994 (interpretation of Part 2), in the definition of “office-holder”— (a) for “the Welsh Administration Ombudsman” substitute “ the Public Services Ombudsman for Wales ”; (b) omit “or for Wales”. Housing Act 1996 (c. 52) 56 The Housing Act 1996 is amended as follows. 57 In section 51(7) (schemes for investigation of housing complaints), for “section 51C” substitute “ section 41 of the Public Services Ombudsman (Wales) Act 2005 ”. 58 Omit sections 51A to 51C and Schedule 2A (the Social Housing Ombudsman for Wales). Audit Commission Act 1998 (c. 18) 59 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Data Protection Act 1998 (c. 29) 60 In section 31 of the Data Protection Act 1998 (regulatory activity), in subsection (4)(a)— (a) in sub-paragraph (ii), omit “or, the Commission for Local Administration in Wales”; (b) in sub-paragraph (iii), omit “or, the Health Service Commissioner for Wales”; (c) for sub-paragraph (iv) substitute— (iv) the Public Services Ombudsman for Wales, . Government of Wales Act 1998 (c. 38) 61 The Government of Wales Act 1998 is amended as follows. 62 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 Omit section 111 (Welsh Administration Ombudsman). 66 In section 144 (accounts, audit and reports), in subsection (8)(a)— (a) for “the Welsh Administration Ombudsman” substitute “ the Public Services Ombudsman for Wales ”; (b) omit “the Health Service Commissioner for Wales,”. 67 In section 146 (transfer etc. of functions from Comptroller and Auditor General), in subsection (2)(b)— (a) for “the Welsh Administration Ombudsman” substitute “ the Public Services Ombudsman for Wales ”; (b) omit “the Health Service Commissioner for Wales,”. 68 In section 156 (defined expressions), omit the entry for the Welsh Administration Ombudsman. 69 Omit Schedule 9 (Welsh Administration Ombudsman). Freedom of Information Act 2000 (c. 36) 70 The Freedom of Information Act 2000 is amended as follows. 71 In section 76(1) (disclosure of information between Information Commission and ombudsmen), in the table— (a) omit the entries relating to the Health Service Commissioner for Wales and the Social Housing Ombudsman for Wales; (b) for the entry relating to the Welsh Administration Ombudsman substitute— The Public Services Ombudsman for Wales | Part 2 of the Public Services Ombudsman (Wales) Act 2005 . 72 In Schedule 1 (public authorities), in Part 6— (a) omit “The Commission for Local Administration in Wales”, “The Health Service Commissioner for Wales” and “The Welsh Administration Ombudsman”; (b) at the appropriate place, insert “ The Public Services Ombudsman for Wales ”. Scottish Public Services Ombudsman Act 2002 (asp 11) 73 In section 21(1) of the Scottish Public Services Ombudsman Act 2002 (consultation and co-operation with other commissioners and ombudsmen)— (a) in paragraph (b), for “either of the Health Service Commissioners” substitute “ the Health Service Commissioner ”; (b) for paragraph (c) substitute— (c) by the Public Services Ombudsman for Wales under the Public Services Ombudsman (Wales) Act 2005, . Health and Social Care (Community Health and Standards) Act 2003 (c. 43) 74 The Health and Social Care (Community Health and Standards) Act 2003 is amended as follows. 75 In section 113 (complaints about health care) in subsection (4)— (a) in paragraph (a), at the beginning insert “ in the case of regulations under subsection (1), ”; (b) after paragraph (a) insert— (aa) in the case of regulations under subsection (2), to be referred to the Public Services Ombudsman for Wales for him to consider whether to investigate the complaint or matter under the Public Services Ombudsman (Wales) Act 2005 (and to be treated by him as a complaint duly referred to him under section 2(3) of that Act); . 76 In section 114 (complaints about social services) in subsection (5)— (a) in paragraph (a), omit “who is a member of the Commission for Local Administration in England”; (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Public Audit (Wales) Act 2004 (c. 23) 77 In section 54 of the Public Audit (Wales) Act 2004 (restriction on disclosure of information) in subsection (2)(d), for “a Local Commissioner in Wales” substitute “ the Public Services Ombudsman for Wales ”.

Propose a change

SCHEDULE 7 Repeals

Section 39 Short title and chapter | Extent of repeal Superannuation Act 1972 (c. 11) | In Schedule 1, the words “Health Service Commissioner for Wales”, “The Local Commissioner for Wales” and “Welsh Administration Ombudsman”. Local Government Act 1974 (c. 7) | In section 23— in subsection (1), paragraph (b) and the word “and” immediately preceding it; subsection (3A); in subsection (7), the words from “and, in the event” to the end; in subsection (8), the words from “; and where the” to “similar way in Wales”; in subsection (10)(a), the words from “including” to “that other Commission”; in subsection (11), the words “to the appropriate Commission”; in subsection (12), the words “or the National Assembly for Wales”; in subsection (12B), the words “in England or, as the case may be, authorities in Wales”. In section 23A— in subsection (1)(a), the words “in England or, as the case may be, authorities in Wales”; subsection (6). In section 26(6)(b), the words “or the National Assembly for Wales”. In section 29— in subsection (3), the words “or the National Assembly for Wales”; subsection (5)(aa). In section 32(5), the words “or the National Assembly for Wales”, “or a member of the Assembly's staff“ and “or the Assembly”. Section 32A. In section 33(1)— paragraphs (aa) and (aza); in paragraph (b), the words “or the Health Service Commissioner for Wales”; the words “under the Housing Act 1996, under the Government of Wales Act 1998,”. In section 33(5), the words “in paragraph 13(1) of Schedule 2A to the Housing Act 1996”. In section 34(1), in the definition of “local authority”, the words “a Welsh county council, a county borough council”. In Schedule 4— in paragraph 1(3), the words “or in the office of Social Housing Ombudsman for Wales”; in paragraph 2(2), the words from “and, if the Commissioner for Local Administration in Wales” to the end; paragraph 4(4); in paragraph 6, in sub-paragraphs (1), (2) and (3), the words “for Local Administration in England”; paragraph 6A; in paragraph 8, the words “for Local Administration in England”; paragraph 8A. House of Commons Disqualification Act 1975 (c. 24) | In Schedule 1— in Part 2, the words “The Commission for Local Administration in Wales.”; in Part 3, the words “Health Service Commissioner for Wales.” and “Welsh Administration Ombudsman.”. Mental Health Act 1983 (c. 20) | In section 134(3)(c), the words “, the Health Service Commissioner for Wales”. Finance Act 1989 (c. 26) | In section 182(11)(c), the words “, the Health Service Commissioner for Wales”. Social Security Administration Act 1992 (c. 5) | In section 123(8), paragraphs (f), (hb) and (hd). Health Service Commissioners Act 1993 (c. 46) | In section 1— subsection (1)(b); in subsection (3), the words from “for England” to the end. Section 2(2). Section 2A(2). Section 2B(2) and (2A). Section 3(1YA). In section 6, in subsections (3) and (5), the words “or Health Authority”. In section 7(1), the words “or service as a member of the staff of the Assembly”. Section 10(2A). In section 11(4), the words from “and payments made by the Health Service Commissioner for Wales” to the end. Sections 14A to14C. In section 15(3), the words “or paragraph 6(6) of Schedule 1A”. In section 17(1), the words from “any of the other offices” to “Welsh Administration Ombudsman or”. Section 17(3). In section 18(1)— paragraph (a); paragraph (e) and the word “or” immediately preceding it. In section 19— the definitions of “financial year” and “first financial year of the Assembly”; in the definition of “officer”, the words “and, in the case of the Health Service Commissioner for Wales, any member of his staff”. In Schedule 1, paragraph A1. Schedule 1A. Deregulation and Contracting Out Act 1994 (c. 40) | In section 79(1) in the definition of “office-holder”, the words “or for Wales”. Local Government (Wales) Act 1994 (c. 19) | In Schedule 16, paragraph 108. Health Authorities Act 1995 (c. 17) | In Schedule 1, paragraph 126(2)(b) and (3). Housing Act 1996 (c. 52) | Sections 51A to 51C. Schedule 2A. Data Protection Act 1998 (c. 29) | In section 31(4)(a)— in sub-paragraph (ii), the words “or, the Commission for Local Administration in Wales”; in sub-paragraph (iii), the words “or, the Health Service Commissioner for Wales”. Government of Wales Act 1998 (c. 38) | In section 12(1)(c), the words “or the office of Welsh Administration Ombudsman”. Section 111. In section 144(8)(a), the words “the Health Service Commissioner for Wales,”. In section 146(2)(b), the words “the Health Service Commissioner for Wales,”. In section 156, the entry for the Welsh Administration Ombudsman. Schedule 9. In Schedule 10— paragraph 3(2); paragraphs 4 to 6; paragraph 8; paragraph 9(b); paragraphs 11 and 12; paragraph 15(3) and (4); paragraph 16(3); paragraph 17. In Schedule 12— paragraph 12(4); paragraph 15(2) and (3); paragraph 16; paragraph 32(b). Health Act 1999 (c. 8) | In Schedule 4, paragraph 85(2)(b). Care Standards Act 2000 (c. 14) | In Schedule 1, paragraph 27(c). Government Resources and Accounts Act 2000 (c. 20) | In Schedule 1— paragraph 19; paragraph 23(d) and the word “and” immediately preceding it. Local Government Act 2000 (c. 22) | In section 62(7)(b), the words “or the Commission for Local Administration in Wales”. In section 68— in subsection (4), the words “Part 3 of”; subsection (5). In section 83(1), the definition of “Local Commissioner in Wales”. Health Service Commissioners (Amendment) Act 2000 (c. 28) | In section 1, subsections (2)(b) and (3)(c) and (d). Freedom of Information Act 2000 (c. 36) | In section 76(1) in the table, the entries relating to the Health Service Commissioner for Wales and the Social Housing Ombudsman for Wales. In Schedule 1 in Part 6, the words “The Commission for Local Administration in Wales”, “The Health Service Commissioner for Wales” and “The Welsh Administration Ombudsman”. In Schedule 7, paragraphs 7 and 8. National Health Service Reform and Health Care Professions Act 2002 (c. 17) | In Schedule 5, paragraph 38. Local Government Act 2003 (c. 26) | In Schedule 7, paragraph 5(3) and (5). Health and Social Care (Community Health and Standards) Act 2003 (c. 43) | In section 114(5)(a), the words “who is a member of the Commission for Local Administration in England”. In Schedule 11, paragraphs 61(b) and 62(3). Housing Act 2004 (c. 34) | Section 228(2) to (4) and Schedule 12. In Schedule 15, paragraphs 1, 7, 37, 45 and 46.

Propose a change

← Find another law