Section 17 Publicising reports

(1)

If an investigation is conducted in respect of a listed authority and the authority receives a copy of a report under section 16(1)(b), the authority must make copies of that version of the report available for a period of at least three weeks—

(a)

at one or more of the authority's offices, and

(b)

if the authority has a website, on the website.

(2)

Throughout that period of three weeks, any person may—

(a)

inspect the copy of the report at the office or offices concerned at any reasonable time without payment;

(b)

make a copy of the report or any part of it at any reasonable time without payment;

(c)

require the authority to supply him with a copy of the report or any part of it, on payment of a reasonable sum if requested;

(d)

if the authority has a website, view the copy of the report on the website without payment.

(3)

Not later than two weeks after the copy of the report is received by the listed authority it must ensure that a notice is published in a newspaper circulating in the part of Wales in which the matter which is the subject of the report arose.

(4)

The notice must specify—

(a)

the date on which the period of three weeks referred to in subsection (1) will begin,

(b)

the office or offices at which a copy of the report can be inspected, and

(c)

the address of the authority's website (if any).

(5)

The Ombudsman may give directions to listed authorities with regard to the discharge of their functions under this section.

(6)

Directions under subsection (5) may relate—

(a)

to a particular listed authority in respect of a particular report, or

(b)

generally to the discharge of functions under this section by all or any listed authorities.

(7)

A person commits an offence if—

(a)

he wilfully obstructs a person in the exercise of a right conferred by subsection (2)(a), (b) or (d), or

(b)

he refuses to comply with a requirement under subsection (2)(c).

(8)

A person guilty of an offence under subsection (7) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(9)

The Ombudsman may direct that subsections (1) to (4) are not to apply in relation to a particular report.

(10)

In deciding whether to give a direction under subsection (9), the Ombudsman must take into account—

(a)

the public interest,

(b)

the interests of the person aggrieved, and

(c)

the interests of any other persons he thinks appropriate.

Notes on the whole Act

Textual amendments

F1: Act repealed in part (23.7.2019) by Public Services Ombudsman (Wales) Act 2019 (anaw 3), ss. 75(1)(2), 77(1) (with s. 74); S.I. 2019/1096, reg. 2

Notes on Part 2

Textual amendments

F1: Words in Pt. 2 heading inserted (1.11.2014) by Social Services and Well-being (Wales) Act 2014 (anaw 4), s. 199(2), Sch. 3 para. 14; S.I. 2014/2718, art. 2(b)

Modifications

C1: Pt. 2 applied (with modifications) (22.11.2012) by The Police and Crime Panels (Application of Local Authority Enactments) Regulations 2012 (S.I. 2012/2734), regs. 1(1), 3-6, Sch. Pt. 3
C2: Pt. 2 applied (11.10.2005) by The Public Services Ombudsman (Wales) Act 2005 (Commencement No. 1 and Transitional Provisions and Savings) Order 2005 (S.I. 2005/2800), art. 6