Section 33ZA Collaborative working between Local Commissioners and other CommissionersF1

Wales

(1)

If at any stage in the course of conducting an investigation under this F2Part of this Act a Local Commissioner forms the opinion that F3the matters which are the subject of the investigation include a matter within the jurisdiction of —

(a)

the Parliamentary Commissioner,

(b)

the Health Service Commissioner for England, or

(c)

~~F4both~~ a housing ombudsman,

he may, subject to subsection (2) below, conduct an investigation under this Part of this Act ~~F5jointly with that Commissioner or those Commissioners.~~ jointly with any also-involved ombudsman or jointly with any two or more also-involved ombudsmen.

(F61A)

In subsection (1) “also-involved ombudsman” means a person within subsection (1)(a), (b) or (c) who, in the opinion of the Local Commissioner concerned, has jurisdiction in relation to a matter that is included among the matters which are the subject of the Local Commissioner’s investigation.

(2)

A Local Commissioner must obtain the consent of F7 the person affected or F8 the complainant (if any) before agreeing to a joint investigation referred to in subsection (1) above.

(3)

If a Local Commissioner forms the opinion that a complaint which is being investigated by—

(a)

the Parliamentary Commissioner,

(b)

the Health Service Commissioner, or

(c)

~~F9both~~ a housing ombudsman,

relates partly to a matter within his jurisdiction F10by virtue of this Part, he may conduct an investigation under this F11Part of this Act ~~F12jointly with that Commissioner or those Commissioners.~~ jointly with a person within paragraph (a), (b) or (c) who is investigating the complaint or jointly with any two or more such persons.

(4)

If a Local Commissioner conducts an investigation F13... jointly with another person, the requirements of section 30(1) (so far as relating to a case where the Local Commissioner conducts an investigation under this F14Part of this Act) may be satisfied by a report made jointly with that person.

(5)

In relation to an investigation which has been conducted jointly with another person a direction given by the Local Commissioner under section 30(7) of this Act may relate only to those parts of a joint report prepared by virtue of subsection (4) above which are specified in the direction.

Annotations

Textual amendments

F1: S. 33ZA inserted (1.8.2007) by The Regulatory Reform (Collaboration etc. between Ombudsmen) Order 2007 (S.I. 2007/1889), arts. 1(1), 4
F2: Words in s. 33ZA(1) inserted (1.10.2010) by Health Act 2009 c. 21, Sch. 5 para. 11(2); S.I. 2010/1863, art. 2
F3: Words in s. 33ZA(1) substituted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (2007 c. 028) , Sch. 12 para. 9(2)
F4: Words in s. 33ZA(1)(c) substituted (1.4.2013 for E.) by Localism Act 2011 (2011 c. 20), ss. 182(4)(b), 240(2); S.I. 2013/722, art. 2(d)
F5: Words in s. 33ZA(1) substituted (1.4.2013 for E.) by Localism Act 2011 (2011 c. 20), ss. 182(4)(a), 240(2); S.I. 2013/722, art. 2(d)
F6: S. 33ZA(1A) inserted (1.4.2013 for E.) by Localism Act 2011 (2011 c. 20), ss. 182(5), 240(2); S.I. 2013/722, art. 2(d)
F7: Words in s. 33ZA(2) substituted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (2007 c. 028) , Sch. 12 para. 9(3)(a)
F8: Words in s. 33ZA(2) substituted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (2007 c. 028) , Sch. 12 para. 9(3)(b)
F9: Words in s. 33ZA(3)(c) substituted (1.4.2013 for E.) by Localism Act 2011 (2011 c. 20), ss. 182(6)(b), 240(2); S.I. 2013/722, art. 2(d)
F10: Words in s. 33ZA(3) inserted (1.10.2010) by Health Act 2009 c. 21, Sch. 5 para. 11(3)(a); S.I. 2010/1863, art. 2
F11: Words in s. 33ZA(3) inserted (1.10.2010) by Health Act 2009 c. 21, Sch. 5 para. 11(3)(b); S.I. 2010/1863, art. 2
F12: Words in s. 33ZA(3) substituted (1.4.2013 for E.) by Localism Act 2011 (2011 c. 20), ss. 182(6)(a), 240(2); S.I. 2013/722, art. 2(d)
F13: Words in s. 33ZA(4) repealed (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (2007 c. 028) , Sch. 12 para. 9(4) Sch. 18 Pt. 14
F14: Words in s. 33ZA(4) inserted (1.10.2010) by Health Act 2009 c. 21, Sch. 5 para. 11(4); S.I. 2010/1863, art. 2

Notes on Part III

Modifications

C1

Pt. III (ss. 23-34) applied (with modifications) (1.4.1998) by S.I. 1998/633, art. L

C2

Power to make provision about matters of the kind dealt with by Pt. III (ss. 23-34) conferred (1.9.1997) by 1997 c. 50, s. 44(1), Sch. 4 para. (b); S.I. 1997/1930, art. 3(1)(2)(m)

C3

Pt. III (ss. 23-34) applied (temp. from 4.5.1995 to 31.3.1996) by S.I. 1995/1042, art. 4(1)

C4

Pt. III (ss. 23-34) restricted (30.7.1993) by S.I. 1993/1975, art. 10, Sch. 2 para. 4(2).

C5

Pt. III (ss. 23-34) power to extend, modify, apply or reproduce (with or without modifications) conferred (W.) (1.11.2000) and (E.) (28.7.2001) by 2000 c. 22, ss. 68(3), 108(4)-(6); S.I. 2000/2948, art. 2

Pt. III (ss. 23-34) extended (W.) (28.7.2001) by S.I. 2001/2275, reg. 2

C6