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The Public Services Ombudsman (Wales) Act 2005 (Transitional Provisions and Consequential Amendments) Order 2006

W.S.I. 2006/362 · Made 14 February 2006 · Extends to England and Wales

Up to date with all changes known to legislation.gov.uk, revised to 1 April 2006.

WELSH PUBLIC SERVICES OMBUDSMAN

Made 14 Febraury 2006

Coming into force 1 April 2006

The National Assembly for Wales, in exercise of powers conferred on it by sections 43(1) and (2) and 44(1) of the Public Services Ombudsman (Wales) Act 2005f1 hereby makes the following Order:

Annotations to the whole text

Footnotes

f1

2005 c. 1

Contents

  1. 1Title, commencement, application and interpretation
  2. 2Revocation and amendment of subordinate legislation
  3. 3Revocation and amendment of subordinate legislation
  4. 4Transitional provisions
  5. Signature
  6. Schedule 1SUBORDINATE LEGISLATION REVOKED
  7. Schedule 2: SUBORDINATE LEGISLATION AMENDED
  8. 1Official Secrets Act 1989 (Prescription) Order 1990
  9. 2Child Support (Information, Evidence and Disclosure) Regulations 1992
  10. 3Public Services Contracts Regulations 1993
  11. 4Public Supply Contracts Regulations 1995
  12. 5Health Authorities Act 1995 (Transitional Provisions) Order 1996
  13. 6Local Government Investigations (Functions of Monitoring Officers and Standards Committees) (Wales) Regulations 2001
  14. 7Standards Committees (Wales) Regulations 2001
  15. 8Local Authorities (Alternative Arrangements) (Wales) Regulations 2001
  16. 9Adjudications by Case Tribunals and Interim Case Tribunals (Wales) Regulations 2001
  17. 10Conduct of Members (Model Code of Conduct) (Wales) Order 2001
  18. 11Local Authorities Executive Arrangements (Functions and Responsibilities) (Wales) Regulations 2001
  19. 12National Assembly for Wales (Disqualification) Order 2003
  20. 13Adoption Agencies (Wales) Regulations 2005
  21. Explanatory note

1Title, commencement, application and interpretationI1

(1)

The title of this Order is the Public Services Ombudsman (Wales) Act 2005 (Transitional Provisions and Consequential Amendments) Order 2006 and it shall come into force on 1 April 2006.

(2)

This Order applies in relation to Wales.

(3)

In this Order—

  • “the Act” (“y Ddeddf”) means the Public Services Ombudsman (Wales) Act 2005;

  • “co-opted member” (“aelod cyfetholedig”) means, in relation to a relevant authority, a person who is not a member of the authority but who—

    1. (a)

      is a member of any committee or sub-committee of the authority, or

    2. (b)

      is a member of, and represents the authority on, any joint committee or joint sub-committee of the authority,

    and who is entitled to vote on any question which falls to be decided at any meeting of that committee or sub-committee; and

  • “relevant authority” (“awdurdod perthnasol”) means a county council, a county borough council, a National Park authority established under section 63 of the Environment Act 1995f1 or a fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004f2 or a scheme to which section 4 of that Act applies.

2Revocation and amendment of subordinate legislationI1

The subordinate legislation referred to in Schedule 1 is revoked.

3Revocation and amendment of subordinate legislationI1

Schedule 2 contains amendments to subordinate legislation.

4Transitional provisionsI1

(1)

Paragraph (2) applies if—

(a)

an allegation has been made to a Local Commissioner in Wales under section 69 of the Local Government Act 2000f1 before the date on which section 38 of the Act comes into force, and

(b)

the allegation has not been determined by that Commissioner before that date.

(2)

On and after the date on which section 38 of the Act comes into force, Part III of the Local Government Act 2000 and regulations and orders made thereunder continue to apply for the purposes of the allegation despite the provisions of the Act or this Order.

(3)

Paragraph (4) applies if—

(a)

an allegation could (but for the provisions of the Act) have been made to a Local Commissioner in Wales, and

(b)

the allegation is an allegation that a member or co-opted member (or former member or co-opted member) of a relevant authority in Wales has failed or may have failed to comply with the authority’s code of conduct before the date on which section 38 of the Act comes into force.

(4)

On and after the date on which section 38 of the Act comes into force, Part III of the Local Government Act 2000f2 and regulations and orders made thereunder continue to apply for the purposes of enabling the allegation to be made, and for the purposes of the allegation if made, despite the provisions of the Act or this Order.

(5)

Where paragraphs (2) and (4) apply, Part III of the Local Government Act 2000 and regulations and orders made thereunder have effect as if for references to the Local Commissioner in Wales there were substituted references to the Public Services Ombudsman for Wales.

Signature

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998f1.

John Marek

The Deputy Presiding Officer of the National Assembly

14 February 2006

Schedule 1SUBORDINATE LEGISLATION REVOKEDI1

The following subordinate legislation is revoked—

(a)

The Government of Wales Act (Complaints of Maladministration) (Transitional and Saving Provisions) Order 1999f1;

(b)

The Commission for Local Administration in Wales and Local Commissioner in Wales (Functions and Expenses) Regulations 2001f2; and

(c)

The Regulatory Reform (Local Commissioner for Wales) Order 2004f3.

1Official Secrets Act 1989 (Prescription) Order 1990I1

In the Official Secrets Act 1989 (Prescription) Order 1990f1, in Schedule 2 (Prescriptions), in the entry in the first column for “Officer of the Health Service Commissioner for England or Wales” omit the words “or Wales”.

2Child Support (Information, Evidence and Disclosure) Regulations 1992I1

In the Child Support (Information, Evidence and Disclosure) Regulations 1992f1, in Regulation 11 (Employment to which section 50 of the Act applies)—

(a)

omit paragraph (d);

(b)

omit “and” after paragraph (h);

(c)

after paragraph (i), insert—

  • “; and

    1. (j)

      the Public Services Ombudsman for Wales, a member of his or her staff, or another person acting on his or her behalf or assisting him or her in the discharge of any of his or her functions”.

3Public Services Contracts Regulations 1993I1

In the Public Services Contracts Regulations 1993f1, in Schedule 3 (GPA Annex I Contracting Authorities)—

(a)

for the entry “Office of the Parliamentary Commissioner for Administration and Health Service Commissioners”, substitute “Office of the Parliamentary Commissioner for Administration”;

(b)

after the entry referred to in paragraph (a) above insert, “Office of the Public Services Ombudsman for Wales”;

(c)

after the entry for “Office of Fair Trading” insert “Office of the Health Service Commissioner for England”.

4Public Supply Contracts Regulations 1995I1

In the Public Supply Contracts Regulations 1995f1, in Schedule 1 (GPA Annex I Contracting Authorities)—

(a)

for the entry “Office of the Parliamentary Commissioner for Administration and Health Service Commissioners”, substitute “Office of the Parliamentary Commissioner for Administration”;

(b)

after the entry referred to in paragraph (a) above insert, “Office of the Public Services Ombudsman for Wales”;

(c)

after the entry for “Office of Fair Trading” insert “Office of the Health Service Commissioner for England”.

5Health Authorities Act 1995 (Transitional Provisions) Order 1996I1

In the Health Authorities Act 1995 (Transitional Provisions) Order 1996f1, in Article 9(1) omit “or Wales”.

6Local Government Investigations (Functions of Monitoring Officers and Standards Committees) (Wales) Regulations 2001I1

In the Local Government Investigations (Functions of Monitoring Officers and Standards Committees) (Wales) Regulations 2001f1—

(a)

In Regulations 3(2), 5(1)(b), 7 and 8(3)(a) for “a Local Commissioner in Wales” substitute “the Public Services Ombudsman for Wales”;

(b)

In Regulations 7(a), 9(3) and 13(1) for “Local Commissioner in Wales” substitute “Public Services Ombudsman for Wales, and

(c)

In Regulation 12 for “Local Commissioner for Wales” substitute “Public Services Ombudsman for Wales.”

7Standards Committees (Wales) Regulations 2001I1

In the Standards Committees (Wales) Regulations 2001f1, in Regulation 29(2) for “Commission for Local Administration in Wales” substitute “Public Services Ombudsman for Wales”.

8Local Authorities (Alternative Arrangements) (Wales) Regulations 2001I1

In the Local Authorities (Alternative Arrangements) (Wales) Regulations 2001f1, in Part I (Miscellaneous functions) of Schedule 1, in paragraph 16, column 1, for “Local Commissioner” substitute “Public Services Ombudsman for Wales”.

9Adjudications by Case Tribunals and Interim Case Tribunals (Wales) Regulations 2001I1

In the Adjudications by Case Tribunals and Interim Case Tribunals (Wales) Regulations 2001 f1, in the Schedule—

(a)

in paragraph 1, in the definition of “report” (“adroddiad”), paragraph 2, paragraph 8 and paragraph 16 (in each place where it appears) for “a Local Commissioner in Wales” substitute “the Public Services Ombudsman for Wales”;

(b)

In paragraph 2(a), for “Local Commissioner” substitute “Public Services Ombudsman for Wales”; and

(c)

In paragraph 8, for “the Commission for Local Administration in Wales” substitute “the Public Services Ombudsman for Wales”.

10Conduct of Members (Model Code of Conduct) (Wales) Order 2001I1

In the Conduct of Members (Model Code of Conduct) (Wales) Order 2001f1, in Part II of the Schedule, in paragraph 6(1)(c), for “the Local Commissioner for Local Administration in Wales” substitute “the Public Services Ombudsman for Wales”.

11Local Authorities Executive Arrangements (Functions and Responsibilities) (Wales) Regulations 2001I1

In the Local Authorities Executive Arrangements (Functions and Responsibilities) (Wales) Regulations 2001f1, in Part I (Miscellaneous functions) of Schedule 1, in paragraph 16, column 1, for “Local Commissioner” substitute “Public Services Ombudsman for Wales”.

12National Assembly for Wales (Disqualification) Order 2003I1

In the National Assembly for Wales (Disqualification) Order 2003f1—

(a)

In Part 1 of the Schedule omit the reference to “The Commission for Local Administration in Wales”; and

(b)

In Part 2 of the Schedule omit the reference to “Health Service Commissioner for Wales”.

13Adoption Agencies (Wales) Regulations 2005I1

In the Adoption Agencies (Wales) Regulations 2005f1, in Regulation 43(1), in sub-paragraph (d), substitute “Public Services Ombudsman for Wales” for “Commissioner for Local Administration in Wales”.

Explanatory note

(This note is not part of the Order)

This Order revokes three statutory instruments and amends others in consequence of the Public Services Ombudsman (Wales) Act 2005 (2005 c. 10) (“the Act”). This Order also makes transitional provisions in respect of the functions of the Local Commissioner in Wales under Part III of the Local Government Act 2000 (c. 22).

The Act establishes the office of the Public Services Ombudsman for Wales (“the Ombudsman”). The Act abolishes the offices of the Welsh Administration Ombudsman, the Health Service Commissioner for Wales and the Social Housing Ombudsman for Wales. It also abolishes the Commission for Local Administration in Wales (including the office of the Local Commissioner for Wales). Broadly speaking, the Act makes provision for the Ombudsman to investigate those matters that were within the remit of those ombudsmen and commissioners in Wales.

The Ombudsman will have responsibility for investigating maladministration and service failure by the National Assembly for Wales; its sponsored public bodies (the equivalent, in Wales, of non-departmental public bodies) and a number of other publicly funded bodies; Welsh health service bodies (primarily NHS Trusts and Local Health Boards in Wales); certain health service providers in Wales; local government bodies in Wales and social landlords in Wales. Thus there will be a unified ombudsman service in Wales.

The amendments and revocations made by this Order are consequential upon those changes.