(1) The Public Services Ombudsman for Wales is to have the functions conferred on him by this Part and such other functions as may be conferred on him by order made by the National Assembly for Wales under this subsection. (2) The Public Services Ombudsman for Wales— (a) may issue guidance to relevant authorities ... on matters relating to the conduct of members and co-opted members of those authorities, (b) may issue guidance to relevant authorities ... in relation to the qualifications or experience which monitoring officers should possess, and (c) may arrange for any such guidance to be made public. (3) The National Assembly for Wales may by regulations make provision which, for the purpose of any provisions of the Public Services Ombudsman (Wales) Act 2019 specified in the regulations, treats— (a) functions of the Public Services Ombudsman for Wales under that Act as including his functions under this Part, or (b) expenses of the Public Services Ombudsman for Wales under that Act as including his expenses under this Part. (4) The provision which may be made by virtue of subsection (3) includes provision which modifies, or applies or reproduces (with or without modifications), any provisions of ...that Act. (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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69 Investigations by the Public Services Ombudsman for Wales.

(1) The Public Services Ombudsman for Wales may investigate— (a) cases in which a written allegation is made to him by any person that a member or co-opted member (or former member or co-opted member) of a relevant authority ... has failed, or may have failed, to comply with the authority’s code of conduct, and (b) other cases in which he considers that a member or co-opted member (or former member or co-opted member) of a relevant authority ... has failed, or may have failed, to comply with the authority’s code of conduct and which have come to his attention as a result of an investigation under paragraph (a). (2) If the Public Services Ombudsman for Wales considers that a written allegation under subsection (1)(a) should not be investigated, he must take reasonable steps to give written notification to the person who made the allegation of the decision and the reasons for the decision. (3) The purpose of an investigation under this section is to determine which of the findings mentioned in subsection (4) is appropriate. (4) Those findings are— (a) that there is no evidence of any failure to comply with the code of conduct of the relevant authority concerned, (b) that no action needs to be taken in respect of the matters which are the subject of the investigation, (c) that the matters which are the subject of the investigation should be referred to the monitoring officer of the relevant authority concerned, or (d) that the matters which are the subject of the investigation should be referred to the president of the Adjudication Panel for Wales for adjudication by a tribunal falling within section 76(1). (5) Where a person is no longer a member or co-opted member of the relevant authority concerned but is a member or co-opted member of another relevant authority ..., the reference in subsection (4)(c) to the monitoring officer of the relevant authority concerned is to be treated as a reference either to the monitoring officer of the relevant authority concerned or to the monitoring officer of that other relevant authority (and accordingly if the Public Services Ombudsman for Wales reaches a finding under subsection (4)(c) he must decide to which of those monitoring officers to refer the matters concerned). (6) Sections 69A to 69E apply in relation to the exercise of the functions of the Public Services Ombudsman for Wales under this section.

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69A Possible conflict of interest in an investigation

(1) If subsection (2) or (4) applies in a case involving a member or co-opted member (or former member or co-opted member) of a relevant authority, the Public Services Ombudsman for Wales (“the Ombudsman”) must exercise the power in paragraph 14 of Schedule 1 to the Public Services Ombudsman (Wales) Act 2019 to delegate— (a) the decision as to whether to investigate the case under section 69, and (b) any investigation of the case. (2) This subsection applies if at any time within the period of five years ending with the date mentioned in subsection (3) the Ombudsman was— (a) a member, (b) a member of a committee, sub-committee, joint committee or joint sub-committee, or (c) an officer, of the relevant authority concerned. (3) The date is— (a) if the case is within section 69(1)(a), the date on which the Ombudsman received the written allegation, or (b) if the case is within section 69(1)(b), the date on which the Ombudsman received the written allegation investigated under section 69(1)(a). (4) This subsection applies if the Ombudsman considers that the Ombudsman has, or is likely to have, an interest in the matters which may be investigated or the outcome of any investigation. (5) If subsection (4) applies the Ombudsman must disclose the nature of the interest to the person to whom any investigation under section 69 would or does relate, and to any person who has made an allegation as described in section 69(1)(a). (6) If the Ombudsman makes a decision as to whether to investigate a case, or investigates a case, in contravention of subsection (1), that contravention does not affect the validity of anything done by the Ombudsman.

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69B Investigation procedure

(1) If the Ombudsman conducts an investigation under section 69, the Ombudsman must give the person to whom the investigation relates an opportunity to comment on whether that person has failed to comply with the code of conduct of the relevant authority of which that person is or was a member or co-opted member. (2) An investigation must be conducted in private. (3) Subject to subsections (1) and (2), the procedure for conducting an investigation is that which the Ombudsman thinks appropriate in the circumstances of the case. (4) The Ombudsman may, among other things— (a) make any inquiries which the Ombudsman thinks appropriate; (b) determine whether any person may be represented in the investigation by an authorised person or another person. (5) In subsection (4) “authorised person” means a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the exercise of a right of audience or the conduct of litigation (within the meaning of that Act). (6) The Ombudsman may pay to the person (if any) who made an allegation as described in section 69(1)(a) and to any other person who attends or supplies information for the purposes of the investigation— (a) sums in respect of the expenses properly incurred by them, and (b) allowances to compensate for the loss of their time. (7) The Ombudsman may attach conditions to payments under subsection (6). (8) The carrying out of an investigation under section 69 does not affect— (a) the validity of any action taken by a relevant authority, or (b) any power or duty of a relevant authority to take further action in respect of any matter under investigation.

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69C Information, documents, evidence and facilities

(1) The Ombudsman may require a person the Ombudsman thinks is able to supply information or produce a document relevant to an investigation under section 69 to do so. (2) The Ombudsman has the same powers as the High Court in relation to— (a) the attendance and examination of witnesses (including the administration of oaths and affirmations and the examination of witnesses abroad), and (b) the production of documents. (3) The Ombudsman may require a person the Ombudsman thinks is able to supply information or produce a document relevant to an investigation to provide any facility the Ombudsman may reasonably require. (4) The Ombudsman may require the relevant authority concerned to provide any facility the Ombudsman may reasonably require. (5) Subject to subsection (6), no person may be compelled to give any evidence or produce any document which the person could not be compelled to give or produce in civil proceedings before the High Court. (6) The Crown is not entitled to any privilege in relation to the production of documents or the giving of evidence that would otherwise be allowed by law in legal proceedings. (7) Where an obligation to maintain secrecy or other restriction on the disclosure of information obtained by or supplied to persons in Her Majesty's service has been imposed by an enactment or a rule of law, the obligation or restriction does not apply to the disclosure of information for the purposes of the investigation.

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69D Obstruction and contempt

(1) If the Ombudsman is satisfied that the condition in subsection (2) is met in relation to a person, the Ombudsman may issue a certificate to that effect to the High Court. (2) The condition is that the person— (a) without lawful excuse, has obstructed the discharge of any of the Ombudsman's functions under this Part, or (b) has done an act in relation to an investigation under section 69 which, if the investigation were proceedings in the High Court, would constitute contempt of court. (3) But the condition in subsection (2) is not met in relation to a person merely because that person has taken action such as is mentioned in section 69B(8). (4) If the Ombudsman issues a certificate under subsection (1), the High Court may inquire into the matter. (5) If the High Court is satisfied that the condition in subsection (2) is met in relation to the person, it may deal with that person in the same manner as it may deal with a person who has committed contempt in relation to the High Court.

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69E Disclosure of information

(1) This section applies to information obtained in the exercise of the Ombudsman's functions under this Part by— (a) the Ombudsman; (b) a member of the Ombudsman's staff or other person acting on the Ombudsman's behalf; (c) a person assisting the Ombudsman. (2) The information may be disclosed only— (a) for the purposes of the Ombudsman's functions under— (i) Chapter 3 or 4 of this Part; (ii) Part 3 or 5 of the Public Services Ombudsman (Wales) Act 2019; (b) for the purposes of the functions of the Adjudication Panel for Wales, including the functions of its President, Deputy President and tribunals, under Chapter 4 of this Part; (c) for the purposes of criminal proceedings or the investigation of a criminal offence; (d) if the disclosure is made to the Auditor General for Wales for the purposes of the Auditor General's functions under Part 2 of the Public Audit (Wales) Act 2004; (e) if the disclosure is made to the Electoral Commission for the purposes of any of its functions.

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69F Power of the Welsh Ministers to amend this Chapter

The Welsh Ministers may by regulations amend this Chapter to make further or different provision about the exercise of the functions of the Public Services Ombudsman for Wales under section 69.

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70 Ceasing investigations etc.

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) The Public Services Ombudsman for Wales may cease an investigation under section 69 at any stage before its completion. (4) Where the Public Services Ombudsman for Wales ceases an investigation under section 69 before its completion, he may refer the matters which are the subject of the investigation to the monitoring officer of the relevant authority concerned. (5) Where a person is no longer a member or co-opted member of the relevant authority concerned but is a member or co-opted member of another relevant authority ..., the Public Services Ombudsman for Wales may, if he thinks it more appropriate than making such a reference as is mentioned in subsection (4), refer the matters which are the subject of the investigation to the monitoring officer of that other relevant authority.

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71 Reports etc.

(1) Where the Public Services Ombudsman for Wales determines in relation to any case that a finding under section 69(4)(a) or (b) is appropriate— (a) he may produce a report on the outcome of his investigation, (b) he may provide a summary of any such report to any newspapers circulating in the area of the relevant authority concerned, (c) he must send to the monitoring officer of the relevant authority concerned a copy of any such report, ... (ca) where the relevant authority concerned is a corporate joint committee, in the case of a member or co-opted member of the corporate joint committee who is also a member or co-opted member of— (i) a constituent council of the corporate joint committee; (ii) a National Park authority which is required by regulations under Part 5 of the Local Government and Elections (Wales) Act 2021 to appoint a member of the corporate joint committee, the Ombudsman must send a copy of any such report to the monitoring officer of that constituent council or National Park authority (in addition to sending a copy of the report to the monitoring officer of the corporate joint committee in accordance with paragraph (c)), (d) where he does not produce any such report, he must inform the monitoring officer of the relevant authority concerned of the outcome of the investigation, and (da) where the relevant authority concerned is a corporate joint committee, in the case of a member or co-opted member of the corporate joint committee who is also a member or co-opted member of— (i) a constituent council of the corporate joint committee; (ii) a National Park authority which is required by regulations under Part 5 of the Local Government and Elections (Wales) Act 2021 to appoint a member of the corporate joint committee, where the Ombudsman does not produce any such report the Ombudsman must inform the monitoring officer of that constituent council or National Park authority of the outcome of the investigation (in addition to informing the monitoring officer of the corporate joint committee in accordance with paragraph (d)). (2) Where the Public Services Ombudsman for Wales determines in relation to any case that a finding under section 69(4)(c) is appropriate he must— (a) produce a report on the outcome of his investigation, (b) subject to subsection (4)(b), refer the matters which are the subject of the investigation to the monitoring officer of the relevant authority concerned, and (c) send a copy of the report to the monitoring officer, and the standards committee, of the relevant authority concerned. (2A) Where the Ombudsman determines in the case of a member or co-opted member of a corporate joint committee who is also a member or co-opted member of— (a) a constituent council of the corporate joint committee; (b) a National Park authority which is required by regulations under Part 5 of the Local Government and Elections (Wales) Act 2021 to appoint a member of the corporate joint committee, that a finding under section 69(4)(c) is appropriate, in addition to taking the steps set out in subsection (2) the Ombudsman must send a copy of the report to the monitoring officer and standards committee of that constituent council or National Park authority. (3) Where the Public Services Ombudsman for Wales determines in relation to any case that a finding under section 69(4)(d) is appropriate he must— (a) produce a report on the outcome of his investigation, (b) refer the matters which are the subject of the investigation to the president of the Adjudication Panel for Wales for adjudication by a tribunal falling within section 76(1), and (c) send a copy of the report to the monitoring officer of the relevant authority concerned and to the president of the Adjudication Panel for Wales. (3A) Where the Ombudsman determines in the case of a member or co-opted member of a corporate joint committee who is also a member or co-opted member of— (a) a constituent council of the corporate joint committee; (b) a National Park authority which is required by regulations under Part 5 of the Local Government and Elections (Wales) Act 2021 to appoint a member of the corporate joint committee, that a finding under section 69(4)(d) is appropriate, in addition to taking the steps set out in subsection (3) the Ombudsman must send a copy of the report to the monitoring officer of that constituent council or National Park authority. (4) Where a person is no longer a member or co-opted member of the relevant authority concerned but is a member or co-opted member of another relevant authority ...— (a) the references in subsections (1)(b), (c) and (d), (2)(c) and (3)(c) to the relevant authority concerned are to be treated as including references to that other relevant authority, and (b) if the Public Services Ombudsman for Wales reaches a finding under section 69(4)(c) he must refer the matters concerned either to the monitoring officer of the relevant authority concerned or to the monitoring officer of that other relevant authority. (5) A report under this section may cover more than one investigation under section 69 in relation to any members or co-opted members (or former members or co-opted members) of the same relevant authority. (6) The Public Services Ombudsman for Wales must— (a) inform any person who is the subject of an investigation under section 69, and (b) take reasonable steps to inform any person who made any allegation which gave rise to the investigation, of the outcome of the investigation. (7) In this Part a reference to a constituent council of a corporate joint committee means a constituent council as set out in the regulations under Part 5 of the Local Government and Elections (Wales) Act 2021 establishing the corporate joint committee.

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72 Interim reports.

(1) Where he considers it necessary in the public interest, the Public Services Ombudsman for Wales may, before the completion of an investigation under section 69, produce an interim report on that investigation. (2) An interim report under this section may cover more than one investigation under section 69 in relation to any members or co-opted members (or former members or co-opted members) of the same relevant authority. (3) Where the prima facie evidence is such that it appears to the Public Services Ombudsman for Wales— (a) that the person who is the subject of the interim report has failed to comply with the code of conduct of the relevant authority concerned, (b) that the nature of that failure is such as to be likely to lead to disqualification under section 79(4)(b), and (c) that it is in the public interest to suspend or partially suspend that person immediately, the interim report may include a recommendation that that person should be suspended or partially suspended from being a member or co-opted member of the relevant authority concerned for a period which does not exceed six months or (if shorter) the remainder of the person’s term of office. (4) Where the Public Services Ombudsman for Wales produces an interim report under this section which contains such a recommendation as is mentioned in subsection (3), he must refer the matters which are the subject of the report to the president of the Adjudication Panel for Wales for adjudication by a tribunal falling within section 76(2). (5) A copy of any report under this section must be given— (a) to any person who is the subject of the report, (b) to the monitoring officer of the relevant authority concerned, (ba) where the relevant authority concerned is a corporate joint committee, in the case of a member or co-opted member of the corporate joint committee who is also a member or co-opted member of— (i) a constituent council of the corporate joint committee; (ii) a National Park authority which is required by regulations under Part 5 of the Local Government and Elections (Wales) Act 2021 to appoint a member of the corporate joint committee, to the monitoring officer of that constituent council or National Park authority (in addition to being given to the monitoring officer of the corporate joint committee in accordance with paragraph (b)), and (c) to the president of the Adjudication Panel for Wales. (6) Where a person is no longer a member or co-opted member of the relevant authority concerned but is a member or co-opted member of another relevant authority ...— (a) the second reference in subsection (3) to the relevant authority concerned is to be treated as a reference to that other relevant authority, and (b) the reference in subsection (5)(b) to the relevant authority concerned is to be treated as including a reference to that other relevant authority.

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73 Matters referred to monitoring officers.

(1) The National Assembly for Wales may by regulations make provision in relation to the way in which any matters referred to the monitoring officer of a relevant authority under section 70(4) or (5) or 71(2) or (4) are to be dealt with. (2) The provision which may be made by regulations under subsection (1) includes provision for or in connection with— (a) enabling a monitoring officer of a relevant authority to conduct an investigation in respect of any matters referred to him, (b) enabling a monitoring officer of a relevant authority to make a report, or recommendations, to the standards committee of the authority, or to the standards committee of another relevant authority, in respect of any matters referred to him, (ba) enabling a standards committee of a relevant authority to refer a report or recommendations made by its monitoring officer to the standards committee of another relevant authority, (c) enabling a standards committee of a relevant authority to consider any report or recommendations made or, as the case may be, referred to it by— (i) a monitoring officer of a relevant authority, or (ii) the standards committee of another relevant authority. (ca) the procedure to be followed by a standards committee as respects a report or recommendation made or referred to it, (d) enabling a standards committee of a relevant authority, following its consideration of any such report or recommendations, to take any action prescribed by the regulations (including action against any member or co-opted member (or former member or co-opted member) of a relevant authority who is the subject of any such report or recommendation), (e) the publicity to be given to any such reports, recommendations or action. (3) The provision which may be made by virtue of subsection (2)(a) includes provision for or in connection with— (a) conferring powers on a monitoring officer of a relevant authority to enable him to conduct an investigation in respect of any matters referred to him, (b) conferring rights (including the right to make representations) on any member or co-opted member (or former member or co-opted member) of a relevant authority who is the subject of any such investigation. (4) The provision which may be made by virtue of subsection (2)(d) includes provision for or in connection with— (a) enabling a standards committee of a relevant authority to censure a member or co-opted member (or former member or co-opted member)..., (b) enabling a standards committee of a relevant authority to suspend or partially suspend a person from being a member or co-opted member of the authority of which they are a member for a limited period, (c) conferring a right of appeal on a member or co-opted member (or former member or co-opted member) of a relevant authority in respect of any action taken against him. (5) Nothing in subsection (2), (3) or (4) affects the generality of the power under subsection (1). (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (7) Where the Public Services Ombudsman for Wales refers any matters to the monitoring officer of a relevant authority under section 70(4) or (5) or 71(2) or (4) he may give directions to the monitoring officer as to the way in which those matters are to be dealt with.

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74 Law of defamation: absolute privilege

For the purposes of the law of defamation a publication of a matter is absolutely privileged if— (a) the publication is made in the exercise of the functions of the Ombudsman under Chapters 3 and 4 of this Part; (b) the publication— (i) is made in communications with the Ombudsman or a person exercising a function of the Ombudsman, and (ii) is made for the purposes of, or in connection with, the Ombudsman's functions under Chapters 3 and 4 of this Part.

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75 Adjudication Panel for Wales.

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) There is to be a panel of persons, known as the Adjudication Panel for Wales or Panel Dyfarnu Cymru, eligible for membership of tribunals drawn from the Panel. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) The members of the Adjudication Panel for Wales are to be appointed by the National Assembly for Wales on such terms and conditions as it may determine. (6) The National Assembly for Wales— (a) must appoint one of the members of the Adjudication Panel for Wales as president of the Panel, and (b) may appoint one of those members as deputy president of the Panel. (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (8) Such members of the Adjudication Panel for Wales as the National Assembly for Wales thinks fit must possess such qualifications as may be determined by the National Assembly for Wales. (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (10) The president and deputy president (if any) of the Adjudication Panel for Wales are to be responsible— (a) for training the members of the Panel, (b) for issuing guidance on how tribunals drawn from the Panel are to reach decisions. (11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (12) A member of a tribunal listed in section 59 of the Wales Act 2017 (the Welsh tribunals) who is not a member of the Adjudication Panel for Wales may, at the request of the president or the deputy president (if any) and with the approval of the President of Welsh Tribunals, act as a member of a tribunal drawn from the Panel.

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76 Case tribunals and interim case tribunals.

(1) Adjudications in respect of matters referred to the president of the Adjudication Panel for Wales under section ... 71(3) are to be conducted by tribunals (referred to in this Part as case tribunals) consisting of not less than three members of the Panel. (2) Adjudications in respect of matters referred to the president of the Adjudication Panel for Wales under section ... 72(4) are to be conducted by tribunals (referred to in this Part as interim case tribunals) consisting of not less than three members of the Panel. (3) The president of the Adjudication Panel for Wales (or in his absence the deputy president) is to appoint the members of any case tribunal or interim case tribunal. (4) A case tribunal drawn from the Adjudication Panel for Wales may conduct a single adjudication in relation to two or more matters which are referred to the president of the Panel under section ... 71(3). (5) An interim case tribunal drawn from the Adjudication Panel for Wales may conduct a single adjudication in relation to two or more matters which are referred to the president of the Panel under section ...72(4). (6) The president or the deputy president of the Adjudication Panel for Wales may be a member of a case tribunal or interim case tribunal drawn from the Panel. (7) A member of the Adjudication Panel for Wales may not at any time be a member of a case tribunal or interim case tribunal drawn from the Panel which is to adjudicate on a matter relating to a member or co-opted member (or former member or co-opted member) of a relevant authority if, within the period of five years ending with that time, the member of the Panel has been a member or an officer of the authority or a member of any committee, sub-committee, joint committee or joint sub-committee of the authority. (8) A member of the Adjudication Panel for Wales who is directly or indirectly interested in any matter which is, or is likely to be, the subject of an adjudication conducted by a case tribunal or interim case tribunal— (a) must disclose the nature of his interest to the president or deputy president of that Panel, and (b) may not be a member of a case tribunal or interim case tribunal which conducts an adjudication in relation to that matter. (9) Where there is no deputy president of the Adjudication Panel for Wales, the reference in subsections (3) and (8) to the deputy president is to be treated as a reference to such member of the Panel as ...the National Assembly for Wales may specify. (9A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (10) A person who is a member of an interim case tribunal which, as a result of an investigation under section ... 69, conducts an adjudication in relation to any person may not be a member of a case tribunal which, on the conclusion of that investigation, subsequently conducts an adjudication in relation to that person. (11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (13) The National Assembly for Wales may issue guidance with respect to the composition of case tribunals or interim case tribunals drawn from the Adjudication Panel for Wales. (14) The National Assembly for Wales may incur expenditure for the purpose of providing administrative support to the Adjudication Panel for Wales. (15) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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77 Adjudications.

(1) A person who is the subject of an adjudication conducted by a case tribunal or interim case tribunal may appear before the tribunal in person or be represented by— (a) counsel or a solicitor, or (b) any other person whom he desires to represent him. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) The National Assembly for Wales may by regulations make such provision as appears to it to be necessary or expedient with respect to adjudications by case tribunals or interim case tribunals drawn from the Adjudication Panel for Wales. (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) Regulations under this section may, in particular, include provision— (a) for requiring persons to attend adjudications to give evidence and produce documents and for authorising the administration of oaths to witnesses, (b) for requiring persons to furnish further particulars, (c) for prescribing the procedure to be followed in adjudications, including provision as to the persons entitled to appear and to be heard on behalf of persons giving evidence, (d) for the award of costs or expenses (including provision with respect to interest and provision with respect to the enforcement of any such award), (e) for taxing or otherwise settling any such costs or expenses (and for enabling such costs to be taxed in the county court), (f) for the registration and proof of decisions and awards of tribunals. (7) A person who without reasonable excuse fails to comply with any requirement imposed by virtue of subsection (6)(a) or (b) ... is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale. (8) In this section any reference to documents includes a reference to information held by means of a computer or in any other electronic form.

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78 Decisions of ... interim case tribunals.

(1) In adjudicating on any of the matters which are the subject of an interim report, ... an interim case tribunal must reach one of the following decisions— (a) that the person to whom the recommendation mentioned in section ... 72(3) relates should not be suspended or partially suspended from being a member or co-opted member of the relevant authority concerned, (b) that that person should be suspended or partially suspended from being a member or co-opted member of the relevant authority concerned for a period which does not exceed six months or (if shorter) the remainder of the person’s term of office. (2) If the decision of the interim case tribunal is as mentioned in subsection (1)(a), the tribunal must give notice of its decision to the standards committee of the relevant authority concerned. (3) If the decision of the interim case tribunal is as mentioned in subsection (1)(b), the tribunal must give notice to the standards committee of the relevant authority concerned stating that the person concerned is suspended or partially suspended for the period, and in the way, that the tribunal has decided. (3A) The effect of a notice given under subsection (3) is to suspend or partially suspend the person concerned as mentioned in subsection (3). (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) A decision of an interim case tribunal under this section shall not prevent the Public Services Ombudsman for Wales from continuing with the investigation under section 69 which gave rise to the interim report concerned and producing a report under section 71, or a further interim report under section 72, in respect of any matters which are the subject of the investigation. (6) The suspension or partial suspension of any person under this section shall not extend beyond the day on which a notice is given by virtue of section ... 79 to the standards committee of the relevant authority concerned with respect to that person. (7) A copy of any notice under this section must be given— (a) to any person who is the subject of the notice, ... (b) to the monitoring officer of the relevant authority concerned, and (ba) where the relevant authority concerned is a corporate joint committee, in the case of a member or co-opted member of the corporate joint committee who is also a member or co-opted member of— (i) a constituent council of the corporate joint committee; (ii) a National Park authority which is required by regulations under Part 5 of the Local Government and Elections (Wales) Act 2021 to appoint a member of the corporate joint committee, to the monitoring officer of that constituent council or National Park authority (in addition to being given to the monitoring officer of the corporate joint committee in accordance with paragraph (b)). (8) Where the person concerned is no longer a member or co-opted member of the relevant authority concerned, but is a member or co-opted member of another relevant authority— (a) the references in subsection (1) to the relevant authority concerned are to be treated as references to that other authority, (b) the references in subsections (2) and (7)(b) to the relevant authority concerned are to be treated as including a reference to that other relevant authority, (c) the duty under subsection (3) to give notice to the standards committee of the relevant authority concerned is to be treated as a duty— (i) to give that notice to the standards committee of that other relevant authority, and (ii) to give a copy of that notice to the standards committee of the relevant authority concerned. (8A) Subsection (8) does not apply unless— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) ... the other relevant authority is also in Wales. (9) ... an interim case tribunal must take reasonable steps to inform any person who made any allegation which gave rise to the investigation under section ... 69 of its decision under this section. (9A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (9B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (9C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (9D) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (10) Where a person is suspended or partially suspended under this section by a decision of an interim case tribunal, the person may appeal to the High Court— (a) against the suspension or partial suspension, or (b) against the length of the suspension or partial suspension. (11) An appeal may not be brought under subsection (10) except with the leave of the High Court.

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78A Decisions of First-tier Tribunal

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78B Section 78A: supplementary

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79 Decisions of case tribunals: Wales.

(A1) In this section “Welsh case tribunal” means a case tribunal drawn from the Adjudication Panel for Wales. (1) A Welsh case tribunal which adjudicates on any matter must decide whether or not any person to which that matter relates has failed to comply with the code of conduct of the relevant authority concerned. (2) Where a Welsh case tribunal decides that a person has not failed to comply with the code of conduct of the relevant authority concerned, it must give notice to that effect to the standards committee of the relevant authority concerned. (3) Where a Welsh case tribunal decides that a person has failed to comply with the code of conduct of the relevant authority concerned, it must decide whether the nature of the failure is such that the person should be suspended or disqualified in accordance with subsection (4). (4) A person may be— (a) suspended or partially suspended from being a member or co-opted member of the relevant authority concerned, or (b) disqualified for being, or becoming (whether by election or otherwise), a member of that or any other relevant authority. (5) Where a Welsh case tribunal makes such a decision as is mentioned in subsection (4)(a), it must decide the period for which the person should be suspended or partially suspended (which must not exceed one year or, if shorter, the remainder of the person’s term of office). (6) Where a Welsh case tribunal makes such a decision as is mentioned in subsection (4)(b), it must decide the period for which the person should be disqualified (which must not exceed five years). (7) Where a Welsh case tribunal decides that a person has failed to comply with the code of conduct of the relevant authority concerned but should not be suspended or disqualified as mentioned in subsection (4), it must give notice to the standards committee of the relevant authority concerned— (a) stating that the person has failed to comply with that code of conduct, and (b) specifying the details of that failure. (8) Where a Welsh case tribunal decides that a person has failed to comply with the code of conduct of the relevant authority concerned and should be suspended or partially suspended as mentioned in subsection (4)(a), it must give notice to the standards committee of the relevant authority concerned— (a) stating that the person has failed to comply with that code of conduct, (b) specifying the details of that failure, and (c) stating that the person is suspended or partially suspended for the period, and in the way, which the tribunal has decided. (9) The effect of a notice given to the standards committee of a relevant authority under subsection (8) is to suspend or partially suspend the person concerned as mentioned in subsection (8)(c). (10) Where a Welsh case tribunal decides that a person has failed to comply with the code of conduct of the relevant authority concerned and should be disqualified as mentioned in subsection (4)(b), it must give notice to the standards committee of the relevant authority concerned— (a) stating that the person has failed to comply with that code of conduct, (b) specifying the details of that failure, and (c) stating that the person is disqualified for being, or becoming (whether by election or otherwise), a member of that or any other relevant authority for the period which the tribunal has decided. (11) The effect of a notice given to the standards committee of a relevant authority under subsection (10) is to disqualify the person concerned as mentioned in subsection (10)(c). (12) A copy of any notice under this section— (a) must be given to the Public Services Ombudsman for Wales, (b) must be given to any person who is the subject of the decision to which the notice relates, and (c) must be published in one or more newspapers circulating in the area of the relevant authority concerned. (12A) In the case of a member or co-opted member of a corporate joint committee who is also a member or co-opted member of— (a) a constituent council of the corporate joint committee; (b) a National Park authority which is required by regulations under Part 5 of the Local Government and Elections (Wales) Act 2021 to appoint a member of the corporate joint committee, a copy of any notice under this section must be given to the monitoring officer of that constituent council or National Park authority (in addition to the steps required by subsection (12) being taken). (13) Where the person concerned is no longer a member or co-opted member of the relevant authority concerned but is a member or co-opted member of another relevant authority ... (a) a copy of any notice under subsection (2), (7) or (10) must also be given to the standards committee of that other relevant authority, (b) the reference in subsection (4)(a) to the relevant authority concerned is to be treated as a reference to that other relevant authority, (c) the duty to give notice to the standards committee of the relevant authority concerned under subsection (8) is to be treated as a duty— (i) to give that notice to the standards committee of that other relevant authority, and (ii) to give a copy of that notice to the standards committee of the relevant authority concerned, (d) the reference in subsection (12)(c) to the relevant authority concerned is to be treated as including a reference to that other relevant authority. (14) A Welsh case tribunal must take reasonable steps to inform any person who made any allegation which gave rise to the adjudication of the decision of the Welsh case tribunal under this section. (15) Where a Welsh case tribunal decides under this section that a person has failed to comply with the code of conduct of the relevant authority concerned, that person may appeal to the High Court against that decision, or any other decision under this section which relates to him. (16) An appeal may not be brought under subsection (15) except with the leave of the High Court.

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80 Recommendations by ... case tribunals.

(1) Where ... a case tribunal has adjudicated on any matter under this Act, it may make recommendations to a relevant authority about any matters relating to— (a) the exercise of the authority’s functions, (b) the authority’s code of conduct, or (c) the authority’s standards committee. (2) A case tribunal must send a copy of any recommendations it makes under subsection (1) to the relevant person. (3) A relevant authority to whom recommendations are made under subsection (1) must consider the recommendations and, within a period of three months beginning with the day on which the recommendations are received, prepare a report for the Public Services Ombudsman for Wales giving details of what action the authority have taken or are proposing to take as a result of the recommendations. (4) A relevant authority’s function of considering a report under subsection (3) may be discharged only by the authority or by the standards committee of that authority (and accordingly, in the case of a relevant authority to which section 101 of the Local Government Act 1972 or regulation 13 of the Corporate Joint Committees (General) (No. 2) (Wales) Regulations 2021 (arrangements for discharge of functions) applies, is not to be a function to which that section or regulation applies). (5) If the Public Services Ombudsman for Wales is not satisfied with the action the relevant authority have taken or propose to take in relation to the recommendations, the Public Services Ombudsman for Wales may require the authority to publish a statement giving details of the recommendations made by the tribunal and of the authority’s reasons for not fully implementing the recommendations. (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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