Commissioner for Older People (Wales) Act 2006 in Northern Ireland
2006 c. 30 · Enacted 25 July 2005 · Extends to England, Wales and Northern Ireland
An Act to establish and make provision about the office of Commissioner for Older People in Wales; to make provision about the functions of the Commissioner for Older People in Wales; and for connected purposes.
[25th July 2005]
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Contents
- 1The Commissioner for Older People in Wales
- 5Review of arrangements
- 9Research and educational activities
- 11Obstruction and contempt
- 13Power of entry and of interviewing
- 19Protection against defamation
- General
- 28Orders and regulations
- Schedule 1: The Commissioner for Older People in Wales
- Status
- 1Paragraph 1
- Appointment and term of office
- 2Paragraph 2
- Remuneration etc
- Deputy Commissioner and other staff
- 4Paragraph 4
- Delegation
- 5Paragraph 5
- Superannuation Act 1972 (c. 11)
- Estimates
- Accounts
- Accounting officer
- Audit
- 12Paragraph 12
- Examinations into the use of resources
- 13Paragraph 13
- Examinations by the Comptroller and Auditor General
- Evidence
- 15Paragraph 15
- Disqualifications
- 16Paragraph 16
- 17Paragraph 17
- Welsh language scheme
- 18Paragraph 18
- Supplementary powers
- Miscellaneous
- 20Paragraph 20
- 21Paragraph 21
- Financial year
- 22Paragraph 22
- Paragraph
- Paragraph
- Paragraph
- Paragraph
- Paragraph
- Paragraph
- Schedule 3: Persons whose arrangements are subject to review under section 5
- Paragraph
- Paragraph
- Paragraph
- Schedule 4: Minor and consequential amendments
- Care Standards Act 2000 (c. 14)
- 1Paragraph 1
- Public Services Ombudsman (Wales) Act 2005 (c. 10)
1The Commissioner for Older People in Wales
There is to be a Commissioner for Older People in Wales or Comisiynydd Pobl Hŷn Cymru (in this Act referred to as “the Commissioner”).
Schedule 1 makes further provision about the Commissioner.
5Review of arrangements
The Commissioner may review—
any arrangements mentioned in subsection (2), and
the operation of any such arrangements,
for the purpose of ascertaining whether, and to what extent, the arrangements are effective in safeguarding and promoting the interests of relevant older people in Wales.
The arrangements are—
advocacy arrangements;
complaints arrangements;
whistle-blowing arrangements.
The Commissioner may also assess the effect on relevant older people in Wales of a person's failure to make any such arrangements.
Advocacy arrangements are arrangements made by a person for making persons available—
to represent the views and wishes of relevant older people in Wales;
to provide relevant older people in Wales with advice and support of a prescribed kind.
Complaints arrangements are arrangements made by a person falling within section 6(3) for dealing with complaints or representations which are made—
by or on behalf of a relevant older person in Wales, and
in respect of relevant services provided to relevant older people in Wales by or on behalf of the person who has made the arrangements.
Whistle-blowing arrangements are arrangements made by a person falling within section 6(3) for ensuring that proper action is taken in response to a disclosure of potentially adverse information.
Information is potentially adverse if it may tend to show that, in the course of, or in connection with, the provision of relevant services, any of the following has occurred—
a criminal offence has been committed;
a person has failed to comply with a legal obligation to which he is subject;
the health or safety of a person has been endangered;
the dignity of a person has been violated;
information tending to show a matter falling within any of paragraphs (a) to (d) has been deliberately concealed.
9Research and educational activities
The Commissioner may, in connection with any of his functions—
undertake or commission research;
give assistance to another to undertake or commission research;
carry out or commission the carrying out of educational activities;
give assistance to another to carry out or commission the carrying out of educational activities.
In this section “assistance” includes financial assistance.
11Obstruction and contempt
If the Commissioner is satisfied that the condition in subsection (2) is met in relation to a person, he may issue a certificate to that effect to the High Court.
The condition is that the person—
without lawful excuse, has obstructed the Commissioner or a member of his staff in the discharge of any of his functions under regulations made under section 10,
without lawful excuse, has failed to comply with a requirement to provide information which was imposed in the exercise of a power conferred by regulations made under section 6(5) or 10(5), or
has done an act or made an omission in relation to an examination under regulations made under section 10 which, if the examination were proceedings in the High Court, would constitute contempt of court.
If the Commissioner issues a certificate under subsection (1)—
the High Court may inquire into the matter, and
if the High Court is satisfied that the condition in subsection (2) is met in relation to the person, it may deal with him in any manner in which it could have dealt with him if he had committed contempt in relation to the High Court.
13Power of entry and of interviewing
The Commissioner or a person authorised by him may, for the purposes of a function of the Commissioner under section 3 or 5—
enter any premises, other than a private dwelling, for the purpose of interviewing an older person accommodated or cared for there;
interview the older person, if the older person consents.
The interview must be conducted—
if the older person requires another person to be present, in that other person's presence; and
otherwise in the presence of others only to the extent that the older person and the Commissioner have consented to their being present.
The powers conferred by subsection (1) are exercisable at any reasonable time.
19Protection against defamation
For the purposes of the law of defamation, the following are absolutely privileged—
the publication of a matter by the Commissioner in a report made under regulations made under section 15 or paragraph 8 of Schedule 1;
the publication in communications between the Commissioner and the Public Services Ombudsman for Wales or another ombudsman of a matter which the Commissioner is permitted to disclose to that ombudsman by virtue of subsection (3)(a) of section 18;
the publication in communications from the Commissioner to a person mentioned in subsection (3) of a matter in connection with an examination by the Commissioner into a case under regulations made under section 10.
For the purposes of the law of defamation, the publication in communications from a person mentioned in subsection (3) to the Commissioner of a matter in connection with an examination by the Commissioner into a case under regulations made under section 10 has qualified privilege.
The persons referred to in subsections (1)(c) and (2) are—
the person whose case is being examined;
a person whose conduct is the subject of the examination;
a person with whom the Commissioner is communicating for the purpose of obtaining information about the case; and
a person acting on behalf of a person falling within paragraphs (a) to (c).
In this section “other ombudsman” has the same meaning as in section 17.
28Orders and regulations
A power of the F1Welsh Ministers to make an order or regulations under this Act is exercisable by statutory instrument.
An order or regulations made by the F2Welsh Ministers under this Act may—
make different provision for different purposes;
make consequential, incidental, supplemental, transitory, transitional or saving provision.
The power to make consequential, incidental and supplemental provision in connection with—
an order under section 16(4) specifying a person for the purposes of that section or providing for a person to cease to be specified for those purposes, or
an order under section 17(8) adding a person to the list of other ombudsman in that section or omitting a person from that list,
includes power to make consequential, incidental and supplemental amendments or repeals in any enactment relating to that person or to his functions.
But the following consents are required for the making of an order by the F3Welsh Ministers which (whether by virtue of subsection (3) or otherwise) confers functions on a person other than the Commissioner or modifies the functions of such a person—
if the functions relate wholly or partly to a transferred matter, the consent of a Northern Ireland department; and
if the functions relate wholly or partly to a matter which (without being a transferred matter) is a matter in respect of which F4neither the Welsh Ministers, the First Minister for Wales nor the Counsel General to the Welsh Assembly Government have functions, the consent of the Secretary of State.
In this section “transferred matter” means a transferred matter within the meaning of section 4(1) of the Northern Ireland Act 1998 (c. 47).
F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
1
The Commissioner is a corporation sole.
The Commissioner is not to be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown.
The Commissioner's property is not to be regarded as property of, or property held on behalf of, the Crown.
2
Regulations may make provision—
as to the appointment of the Commissioner (including any conditions to be fulfilled for appointment);
as to the term of office of the Commissioner (including the circumstances in which he ceases to hold office or may be removed or suspended from office).
4
The Commissioner must appoint a deputy Commissioner.
The deputy Commissioner is a member of the Commissioner's staff.
The deputy Commissioner may discharge the functions of the Commissioner during a vacancy in the office of Commissioner or at any time when the Commissioner is for any reason unable to act.
At any time when the deputy Commissioner has power to act under sub-paragraph (3), any property or rights vested in the Commissioner may be dealt with by the deputy Commissioner as if vested in him.
The Commissioner may appoint such other staff as he thinks necessary for assisting him in the discharge of his functions.
5
A function of the Commissioner may be discharged on his behalf by any person including any member of his staff, to the extent authorised by the Commissioner.
12
The accounts prepared by the Commissioner for a financial year must be submitted by him to the Auditor General for Wales no later than 30 November in the following financial year.
The Auditor General for Wales must—
examine, certify and report on each set of accounts submitted to him under this paragraph, and
no later than four months after the accounts are submitted to him, lay before the Assembly a copy of them as certified by him together with his report on them.
In examining accounts submitted to him under this paragraph, the Auditor General for Wales must, in particular, satisfy himself that the expenditure to which the accounts relate has been incurred lawfully and in accordance with the authority which governs it.
13
The Auditor General for Wales may carry out examinations into the economy, efficiency and effectiveness with which the Commissioner has used his resources in discharging his functions.
Sub-paragraph (1) is not to be construed as entitling the Auditor General for Wales to question the merits of the policy objectives of the Commissioner.
In determining how to discharge his functions under this paragraph, the Auditor General for Wales must take into account the views of the Audit Committee as to the examinations which he should carry out.
The Auditor General for Wales may lay before the Assembly a report of the results of any examination carried out by him under this paragraph.
15
A document purporting to be duly executed under the seal of the Commissioner or to be signed by him or on his behalf is to be received in evidence and, unless the contrary is proved, taken to be so executed or signed.
16
In the House of Commons Disqualification Act 1975 (c. 24) in Part 3 of Schedule 1 (certain disqualifying offices), at the appropriate places insert the following entries— “ Commissioner for Older People in Wales ”; “ Member of staff of the Commissioner for Older People in Wales ”.
17
In the Northern Ireland Assembly Disqualification Act 1975 (c. 25) in Part 3 of Schedule 1 (certain disqualifying offices), at the appropriate places insert the following entries— “ Commissioner for Older People in Wales ”; “ Member of staff of the Commissioner for Older People in Wales ”.
18
In section 6(1) of the Welsh Language Act 1993 (c. 38) (public bodies for the purposes of Part 2 of that Act), after paragraph (n) insert—
“(na)the Commissioner for Older People in Wales;”.
20
In section 144 of the Government of Wales Act 1998 (c. 38) (accounts, audit and reports), in subsection (8)(a), after “the Children's Commissioner for Wales,” insert “ the Commissioner for Older People in Wales, ”.
21
In the Freedom of Information Act 2000 (c. 36)—
in the table in section 76(1) (disclosure of information between Information Commissioner and ombudsmen), at the end insert—
“
The Commissioner for Older People in Wales The Commissioner for Older People (Wales) Act 2006 ”;
in Part 6 of Schedule 1 (other public bodies: general), at the appropriate place insert “ The Commissioner for Older People in Wales ”.
22
Regulations must specify the periods which are to be treated, for the purposes of this Schedule, as the first and subsequent financial years of the Commissioner.
Local government and fire
A county council, county borough council or community council in Wales.
A joint board the constituent authorities of which are all county or county borough councils in Wales.
A fire and rescue authority in Wales constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 (c. 21) or a scheme to which section 4 of that Act applies.
Health and social care
F1Social Care Wales.
A Local Health Board.
An NHS trust managing a hospital or other establishment or facility in Wales.
A Special Health Authority discharging functions in relation to Wales.
The Wales Centre for Health.
A family health service provider in Wales.
An independent provider in Wales.
Health Professions Wales or Proffesiynau Iechyd Cymru.
National Leadership and Innovations Agency for Healthcare.
Education and training
The National Council for Education and Training for Wales.
The Office of Her Majesty's Chief Inspector of Education and Training in Wales or Prif Arolygydd Ei Mawrhydi dros Addysg a Hyfforddiant yng Nghymru.
F1The Commission for Tertiary Education and Research.
A further education corporation discharging functions in relation to Wales.
A higher education corporation discharging functions in relation to Wales.
F2A tertiary education provider (other than one mentioned elsewhere in this Schedule) that is registered in a category specified in regulations made for the purposes of section 88 or 105 of the Tertiary Education and Research (Wales) Act 2022.
The governing body of a maintained school in Wales at which further education is provided.
F3...
F4Qualifications Wales.
Arts and leisure
The Arts Council of Wales.
The Sports Council for Wales.
The Wales Tourist Board.
The National Library of Wales.
The National Museums and Galleries of Wales.
The Royal Commission on the Ancient and Historical Monuments of Wales.
Environment
A National Park authority for a National Park in Wales.
F1The Natural Resources Body for Wales.
The Environment Agency.
The Forestry Commissioners.
Miscellaneous
The Welsh Development Agency.
F1Comisiynydd y Gymraeg (The Welsh Language Commissioner).
An agricultural wages committee for an area wholly in, or consisting of, Wales.
Local government
A county council or county borough council in Wales.
Health and social care
A Local Health Board.
An NHS trust managing a hospital or other establishment or facility in Wales.
A Special Health Authority discharging functions in relation to Wales.
A family health service provider in Wales.
An independent provider in Wales.
Education and training
The National Council for Education and Training for Wales.
A further education corporation discharging functions in relation to Wales.
A higher education corporation discharging functions in relation to Wales.
F1A tertiary education provider (other than one mentioned elsewhere in this Schedule) that is registered in a category specified in regulations made for the purposes of section 88 or 105 of the Tertiary Education and Research (Wales) Act 2022.
The governing body of a maintained school in Wales at which further education is provided.
1
The Care Standards Act 2000 is amended as follows.
After section 75 (obstruction etc) insert—
“Working with the Commissioner for Older People in Wales
75ZA(1)This section applies where it appears to the Commissioner that a case which he is—
(a)examining in accordance with regulations made under section 74, or
(b)considering whether to examine in accordance with such regulations,
relates to or raises a matter which could be the subject of an examination by the Commissioner for Older People in Wales (the ‘connected matter’).
(2)Where the Commissioner considers it appropriate, he must inform the Commissioner for Older People in Wales about the connected matter.
(3)Where the Commissioner considers that the case also relates to or raises a matter which he is entitled to examine himself (‘the children matter’), he must also if he considers it appropriate—
(a)inform the Commissioner for Older People in Wales about the Commissioner's proposals for the examination of the case; and
(b)consult the Commissioner for Older People in Wales about those proposals.
(4)Where the Commissioner and the Commissioner for Older People in Wales consider that they are entitled to examine, respectively, the children matter and the connected matter they may—
(a)co-operate with each other in the separate examination of each of those matters;
(b)act together in the examination of those matters; and
(c)prepare and publish a joint report containing their respective conclusions in relation to the matters they have each examined.
(5)Where the Commissioner considers—
(a)that the case is not one which relates to or raises a matter that he is entitled to examine himself, and
(b)that it is appropriate to do so,
he must inform the person whose case it is, or another person interested in it that he thinks fit, about how to secure the referral to the Commissioner for Older People in Wales of the connected matter.”
In section 76 (further functions) in subsection (5), after “in particular” insert “ (a) ” and at the end insert—
“(b)provide that the Commissioner may make a joint report with the Commissioner for Older People in Wales where they have discharged their respective functions under this Act and the Commissioner for Older People (Wales) Act 2006 in relation to the same matters.”