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'.--(1) The Older Persons' Commissioner may certify an offence to the High Court where--
(a) a person, without lawful excuse, obstructs him or any member of his staff in the exercise of any of his functions under regulations made by virtue of section (Review and monitoring of arrangements) (5) or (Examination of cases); or
(b) a person is guilty of any act or omission in relation to an examination under regulations made by virtue of section (Examination of cases) which, if that examination were proceedings in the High Court, would constitute contempt of court.
(2) Where an offence is so certified the High Court may inquire into the matter; and after hearing--
(a) any witnesses who may be produced against or on behalf of the person charged with the offence; and
(b) any statement that may be offered in defence,
the High Court may deal with the person charged with the offence in any manner in which it could deal with him if he had committed the same offence in relation to the High Court.'.
New clause 12--Further functions--
' .--(1) Regulations may confer power on the Older Persons' Commissioner to assist an older person to whom this Part applies--
(a) in making a complaint or representation to or in respect of a provider of regulated services in England or Wales; or
(b) in any prescribed proceedings,
and in this subsection "proceedings" includes a procedure of any kind and any prospective proceedings.
(2) For the purposes of subsection (1), assistance includes--
(a) financial assistance; and
(b) arranging for representation, or the giving of advice or assistance, by any person.
and the regulations may provide for assistance to be given on conditions, including (in the case of financial assistance) conditions requiring repayment in circumstances specified in the regulations.
(3) The Older Persons' Commissioner may, in connection with his functions under this Part, give advice and information to any person.
(4) Regulations may, in connection with the Older Persons' Commissioner's functions under this Part, confer further functions on him.
(5) The regulations may, in particular, include provision about the making of reports on any matter connected with any of his functions.
(6) Apart from identifying any person investigated, a report by the Older Persons' Commissioner shall not--
(a) mention the name of any person, or
(b) include any particulars which, in the opinion of the Older Persons' Commissioner, are likely to identify any person and can be omitted without impairing the effectiveness of the report,
unless, after taking account of the public interest (as well as the interests of any person who made a complaint and other persons), the Older Persons' Commissioner considers it necessary for the report to mention his name or include such particulars.
(7) For the purposes of the law of defamation, the publication of any matter by the Older Persons' Commissioner in a report is absolutely privileged.'.
'.--(1) This Part does not authorise the Older Persons' Commissioner to enquire into or report on any matter so far as it is the subject of legal proceedings before, or has been determined by, a court or tribunal.
(2) This Part does not authorise the Commissioner to exercise any function which by virtue of an enactment is also exercisable by a prescribed person'.
New clause 14--Interpretations--
'.--(1) This Part applies to an older person to or in respect of whom regulated services in England or Wales are provided.
(2) In this Part, "regulated services in England or Wales" means services of a description provided by or in Part II undertakings for the time being provided in respect of older people, so far as provided in England or Wales.
(3) For the purposes of this Part, in the case of the services mentioned in subsection (2) the person who carries on the Part II undertaking is to be treated as the provider of the services.
(4) For the purposes of this section, an establishment or agency, and an undertaking of any other description, is a Part II undertaking if the provider of the services in question is for the time being required to be registered under that Part.
(5) Where the activities of an undertaking are carried on from two or more branches, each of those branches shall be treated as a separate undertaking for the purposes of this Part.
(6) Regulations may provide--
(a) for this Part to be treated as having applied to an older person at any time before the commencement of this Part if regulated services in England or Wales were at that time provided to or in respect of him;
(b) for references in this Part to older people to whom this Part applies to include references to persons who, at any prescribed time, were such older people.
(7) In this Part--
"information" includes information recorded in any form;
"regulations" means regulations made by the Secretary of State or the Assembly.'.
Amendment No. 10, in clause 117, page 78, line 27, at end insert--
'( ) The provision which, by virtue of subsection (6), may be made by regulations under the Part of this Act which relates to the Older Persons' Commissioner includes provision amending or repealing any enactment or instrument.'.
Amendment No. 11, in clause 120, page 81, line 31, at end insert--
'Older Persons' Commissioner Section (Older Persons' Commissioner)'.
New schedule 2:--'The Older Persons' Commissioner--
1.--(1) The Older Persons' Commissioner is to be a corporation sole.
(2) The Older Persons' 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; and the Older Persons' Commissioner's property is not to be regarded as property of, or property held on behalf of, the Crown.
2. Regulations may make provision--
(a) as to the appointment of the Older Persons' Commissioner (including any conditions to be fulfilled for appointment);
(b) as to the filling of vacancies in the office of Commissioner;
(c) as to the tenure of office of the Older Persons' Commissioner (including the circumstances in which he ceases to hold office or may be removed or suspended from office).
3. The Secretary of State shall--
(a) pay the Commissioner such remuneration and allowances; and
(b) pay, or make provision for the payment of, such pension or gratuities to or in respect of him,
as may be provided for under the terms of his appointment.
4.--(1) The Commissioner may appoint any staff he considers necessary for assisting him in the exercise of his functions, one of whom shall be appointed as deputy Commissioner.
(2) During any vacancy in the office of Commissioner or at any time when the Commissioner is for any reason unable to act, the deputy Commissioner shall exercise his functions (and any property or rights vested in the Commissioner may accordingly be dealt with by the deputy as if vested in him).
(3) Without prejudice to sub-paragraph (2), any member of the Commissioner's staff may, so far as authorised by him, exercise any of his functions.
5.--(1) Subject to any directions given by the Secretary of State, the Commissioner may do anything which appears to him to be necessary or expedient for the purpose of, or in connection with, the exercise of his functions.
(2) That includes, in particular--
(a) co-operating with other public authorities in the United Kingdom;
(b) acquiring and disposing of land and other property; and
(c) entering into contracts.
8. Regulations may provide for the Commissioner to make periodic or other reports to the Secretary of State and the Assembly relating to the exercise of his functions and may require the reports to be published in the manner required by the regulations.
9.--(1) The Older Persons' Commissioner must keep accounts in such form as the Secretary of State may determine.
(2) The Older Persons' Commissioner must prepare annual accounts in respect of each financial year in such form as the Secretary of State may determine.
(3) The Older Persons' Commissioner must send copies of the annual accounts to the Secretary of State and the Comptroller and Auditor General within such period after the end of the financial year to which the accounts relate as the Secretary of State may determine.
(4) The Comptroller and Auditor General must examine, certify and report on the annual accounts and must lay copies of the accounts and of his report before Parliament.
(5) In this paragraph "financial year", in relation to the Older Persons' Commissioner, means--
(a) the period beginning with the date on which the Older Persons' Commissioner is established and ending with the next 31st March following that date; and
(b) each successive period of twelve months ending with 31st March.
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