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establish Older People’s Commissioners for England and Wales; to make |
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provision for the Commissioners’ duties in respect of the protection of the |
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rights and interests of older people; and for connected purposes. |
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Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and |
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consent of the Lords Spiritual and Temporal, and Commons, in this present |
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Parliament assembled, and by the authority of the same, as follows:— |
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1 | Establishment of Commissioners |
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(1) | There are to be offices of— |
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(a) | the Older People’s Commissioner for England; and |
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(b) | the Older People’s Commissioner for Wales. |
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(2) | The Schedule has effect with respect to the Commissioners. |
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2 | General function of Commissioners |
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(1) | The Commissioners will, subject to the provisions of this section, protect and |
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further the rights and interests of older people. |
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(2) | The Commissioners may— |
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(a) | encourage persons exercising functions or engaged in activities |
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affecting older people to take account of the views and interests of older |
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(b) | advise the Secretary of State and the National Assembly for Wales |
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about the rights and interests of older people, |
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(c) | consider, and undertake investigations into— |
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(i) | the operation of complaints procedures relating to the provision |
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of services to older people, and |
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(ii) | any other matter relating to the interests of older people. |
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(3) | In exercising their functions under subsection (2) in respect of the rights and |
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interests of older people, the Commissioners shall take into account— |
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(a) | physical and mental health, |
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(b) | protection from harm and neglect, |
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(c) | the contribution made by older people to society, |
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(d) | social and economic well-being, and |
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(e) | any other matters which appear relevant to the Commissioners. |
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(4) | The Commissioners must take reasonable steps to involve older people in the |
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discharge of their functions under this section, and in particular to— |
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(a) | ensure that older people are made aware of the Commissioners’ |
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functions and how they may communicate with the Commissioners; |
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(b) | consult older people and organisations working with older people on |
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the matters they propose to consider, or undertake investigations into, |
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(5) | For the purposes of subsection (4), the Commissioners shall have particular |
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regard to groups of older people who, in the opinion of the Commissioners, do |
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not have other adequate means by which they can make their views known. |
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(6) | The Commissioners shall not undertake any investigation pursuant to |
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subsection (2)(c) of the case of any individual older person. |
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3 | Annual reports of the Commissioners |
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(1) | As soon as possible after the end of each financial year each Commissioner |
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(a) | the way in which he has discharged his functions under section 2 |
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(b) | his findings in the course of exercising those functions during the year, |
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(c) | the matters that he intends to consider, or undertake investigations |
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into, during the next financial year. |
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(2) | Each Commissioner shall under subsection (1)(a) include an account of the |
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steps taken by him under section 2(4). |
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(3) | Where the Older People’s Commissioner for England reports under this |
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(a) | send a copy of the report to the Secretary of State, and |
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(b) | lay a copy before each House of Parliament. |
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(4) | Where the Older People’s Commissioner for Wales reports under this section, |
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(a) | make a report to the National Assembly for Wales, |
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(b) | send a copy of the report tothe Secretary of State, and |
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(c) | lay a copy of the report before each House of Parliament. |
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(5) | In this section, “financial year” has the same meaning as in paragraph 8 of the |
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4 | Inquiries held by Commissioner |
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(1) | Where the Secretary of State or the National Assembly for Wales considers that |
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the case of an individual older person raises issues of relevance to other older |
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people, the Secretary of State or the National Assembly for Wales may direct a |
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Commissioner to hold an inquiry into that case. |
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(2) | A Commissioner may, if he thinks fit, hold an inquiry under this section, or any |
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(3) | A Commissioner must, as soon as possible after the completion of an inquiry |
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under this section, make a report in relation to the inquiry and send a copy to |
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the Secretary of State, or if in Wales, to the National Assembly for Wales. |
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(4) | The Secretary of State, or the National Assembly for Wales, must, subject to |
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subsection (5), publish each report received by them under this section in such |
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manner as they think fit. |
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(5) | Where a report made under this section identifies an individual older person |
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and the Secretary of State or the National Assembly for Wales decides that it |
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would be undesirable for the identity of that older person to be made public— |
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(a) | the Secretary of State or the National Assembly for Wales may amend |
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the report and publish the amended report only; or |
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(b) | if they consider that it is not possible to publish the report without |
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identifying the older person, they need not publish the report. |
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(6) | In making a decision under subsection (5) the Secretary of State or the National |
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Assembly for Wales shall take into account the wishes of the individual older |
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person who is identified in the report. |
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(7) | The Secretary of State must lay a copy of each report that he publishes under |
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subsection (4) before each House of Parliament. |
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(8) | Subsections (2) to (5) of section 250 of the Local Government Act 1972 (c. 70) |
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apply for the purposes of an inquiry held under this section in England and |
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Wales as they apply for the purposes of a local inquiry under that section. |
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| “The Commissioners” means the Older People’s Commissioner for |
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England and the Older People’s Commissioner for Wales; |
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| “older person” means any person aged sixty years and over (and “older |
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people” is to be construed accordingly). |
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There shall be paid out of money provided by Parliament— |
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(a) | any expenditure incurred by the Secretary of State by virtue of this Act; |
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(b) | any increase attributable to this Act in the sums payable out of money so |
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provided by virtue of any other enactment. |
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7 | Short title, commencement and extent |
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(1) | This Act may be cited as the Older People’s Commissioners Act 2004. |
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(2) | This Act comes into force on the day on which it is passed. |
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(3) | This Act extends to England and Wales only. |
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Older People’s Commissioners |
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1 (1) | A Commissioner is a corporation sole. |
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(2) | A Commissioner is not to be regarded as the servant or agent of the Crown |
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or as enjoying any status, immunity or privilege of the Crown; and his |
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property is not to be regarded as property of, or property held on behalf of, |
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2 (1) | A Commissioner may do anything which appears to him to be necessary or |
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expedient for the purpose of, or in connection with, the exercise of his |
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(2) | In particular he may— |
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(a) | co-operate with other public authorities in the United Kingdom; |
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(b) | enter into contracts; and |
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(c) | acquire, hold and dispose of any property. |
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Appointment and tenure of office |
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3 (1) | The Older People’s Commissioner for England is to be appointed by the |
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(2) | The Older People’s Commissioner for Wales is to be appointed by the |
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(3) | Subject to the provisions of this paragraph, a person shall hold and vacate |
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office as a Commissioner in accordance with the terms and conditions of his |
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appointment as determined by the Secretary of State or the National |
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(4) | An appointment as a Commissioner shall be for a term not exceeding five |
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(5) | A person who has held office as a Commissioner is eligible for |
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(6) | A Commissioner may at any time resign by notice in writing— |
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(a) | in the case of the Older People’s Commissioner for England, to the |
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(b) | in the case of the Older People’s Commissioner for Wales, to the |
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National Assembly for Wales. |
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(7) | The Secretary of State may remove the Older People’s Commissioner for |
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England from office if he is satisfied that he has— |
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(a) | become unfit or unable properly to discharge his functions; or |
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(b) | behaved in a way that is not compatible with his continuing in office. |
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(8) | The National Assembly for Wales may remove the Older People’s |
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Commissioner for Wales from office if it is satisfied that he has— |
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(a) | become unfit or unable properly to discharge his functions; or |
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(b) | behaved in a way that is not compatible with his continuing in office. |
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4 (1) | The Secretary of State must— |
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(a) | pay the Older People’s Commissioner for England such remuneration and |
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(b) | pay or make provision for the payment of such pension or gratuities to or in |
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| as may be provided under the terms of his appointment. |
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(2) | The National Assembly must— |
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(a) | pay the Older People’s Commissioner for Wales such remuneration and |
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(b) | pay or make provision for the payment of such pension or gratuities to or in |
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| as may be provided under the terms of his appointment. |
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5 (1) | A Commissioner may appoint any staff he considers necessary for assisting |
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him in the exercise of his functions, one of whom shall be appointed as |
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(2) | During any vacancy in the office of a Commissioner or at any time when a |
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Commissioner is for any reason unable to act, the Deputy Commissioner |
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shall exercise his functions (and any property or rights vested in the |
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Commissioner may accordingly be dealt with by the Deputy Commissioner |
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(3) | Without prejudice to sub-paragraph (2), any member of a Commissioner’s |
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staff may, so far as authorised by him, exercise any of his functions. |
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6 (1) | In the Superannuation Act 1972 (c. 11), in Schedule 1 (kinds of employment |
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etc to which section 1 of that Act applies)— |
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(a) | in the list of “Other Bodies”, at the end insert “Employment by an |
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Older People's Commissioner”; |
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(b) | in the list of “Offices”, at the appropriate place insert “Older People’s |
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(2) | The Secretary of State must pay to the Minister for the Civil Service, at such times |
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as the Minister may direct, such sums as he may determine in respect of any increase |
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attributable to sub-paragraph (1) in the sums payable out of money provided by |
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Parliament under the Superannuation Act 1972. |
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7 (1) | The Secretary of State may make payments to the Older People’s Commissioner for |
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England of such amounts, at such times and on such conditions (if any) as the |
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Secretary of State considers appropriate. |
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(2) | The National Assembly may make payments to the Older People’s Commissioner for |
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Wales of such amounts, at such times and on such conditions (if any) as the National |
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Assembly considers appropriate. |
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8 (1) | The Older People’s Commissioner for England must— |
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(a) | keep proper accounting records; |
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(b) | prepare a statement of accounts for each financial year; and |
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(c) | send a copy of each such statement of accounts to the Secretary of |
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State and the Comptroller and Auditor General as soon as possible |
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after the end of the financial year to which the statement relates. |
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(2) | The Older People’s Commissioner for Wales must— |
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(a) | keep proper accounting records; |
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(b) | prepare a statement of accounts for each financial year; and |
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(c) | send a copy of each such statement of accounts to the National |
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Assembly, the Secretary of State and the Comptroller and Auditor |
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General as soon as possible after the end of the financial year to |
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which the statement relates. |
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(3) | The Comptroller and Auditor General must examine, certify and report on |
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each statement of accounts sent to him under sub-paragraphs (1)(c) and |
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(2)(c) and must lay copies of the statement and of his report before |
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(4) | In this paragraph, “financial year” means— |
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(a) | in relation to England or Wales, the period beginning with the date |
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on which the first Commissioner is appointed and ending with 31st |
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March next following that date; and |
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(b) | each successive period of twelve months ending with 31st March. |
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9 | A document purporting to be duly executed under the seal of the Older |
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People’s Commissioner or to be signed by him or on his behalf is to be |
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received in evidence and, unless the contrary is proved, taken to be so |
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10 | In the Criminal Justice and Court Services Act 2000 (c. 43), in section 36(6) |
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(meaning of “regulated position”), after paragraph (g) insert— |
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“(ga) | Older People’s Commissioner for England and Deputy Older |
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People’s Commissioner appointed under the Older People's |
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(gb) | Older People’s Commissioner for Wales and Deputy Older |
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People’s Commissioner appointed under the Older People’s |
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Commissioners Act 2004,”. |
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11 (1) | Schedule 1 of the House of Commons Disqualification Act 1975 (c. 24) |
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(Offices disqualifying for membership) is amended as follows. |
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