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31 | Power to issue guidance |
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(1) | The Ombudsman may issue to one or more listed authorities such guidance |
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about good administrative practice as he thinks appropriate. |
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(2) | Before issuing guidance under this section the Ombudsman must consult such |
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listed authorities, or persons appearing to him to represent them, as he thinks |
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(3) | If guidance issued under this section is applicable to a listed authority, the |
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authority must have regard to the guidance in discharging its functions. |
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(4) | In conducting an investigation in respect of a listed authority, the Ombudsman |
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may have regard to the extent to which the authority has complied with any |
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guidance issued under this section which is applicable to the authority. |
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(5) | The Ombudsman may publish any guidance issued under this section in any |
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manner that he thinks appropriate, including in particular by putting the |
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guidance in an annual or extraordinary report. |
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(6) | Guidance issued under this section may contain different provision for |
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(7) | Subject to subsection (8), guidance issued under this section must not— |
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(a) | mention the name of any person other than the listed authorities to |
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which it is applicable or a listed authority in respect of which a |
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complaint has been made or referred to the Ombudsman under this |
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(b) | include any particulars which, in the opinion of the Ombudsman, are |
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likely to identify any such person and which, in his opinion, can be |
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omitted without impairing the effectiveness of the guidance. |
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(8) | Subsection (7) does not apply if, after taking account of the interests of any |
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persons he thinks appropriate, the Ombudsman considers it to be in the public |
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interest to include that information in the guidance. |
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32 | Protection from defamation claims |
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For the purposes of the law of defamation, the following are absolutely |
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(a) | the publication of a matter by the Ombudsman, a member of his staff |
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or another person acting on his behalf or assisting him in the discharge |
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of any of his functions, in the discharge of any of the Ombudsman’s |
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functions under this Act; |
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(b) | the publication of a matter by a person in the discharge of functions |
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(c) | the publication of a matter in connection with a complaint made or |
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referred to the Ombudsman under this Part, in communications |
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(i) | a listed authority, a member or co-opted member of a listed |
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authority, an officer or member of the staff of a listed authority |
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or another person acting on behalf of a listed authority or |
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assisting it in the discharge of any of its functions, and |
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(ii) | the Ombudsman, a member of his staff or another person acting |
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on his behalf or assisting him in the discharge of any of his |
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(d) | the publication of any matter in connection with a complaint made or |
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referred (or to be made or referred) by or on behalf of a person to the |
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Ombudsman under this Part, in communications between a person and |
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(e) | the publication of any matter in connection with a complaint made or |
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referred (or to be made or referred) by or on behalf of a person to the |
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Ombudsman under this Part, in communications between the person |
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and the Ombudsman, a member of his staff or another person acting on |
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his behalf or assisting him in the discharge of any of his functions. |
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33 | Publicity for complaints procedures |
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(1) | A listed authority must take reasonable steps to provide information to the |
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(a) | the right to make a complaint to the Ombudsman in respect of the |
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(b) | the right of the authority to refer a complaint to the Ombudsman, |
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(c) | the time limits for making and referring complaints to the |
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(d) | how to contact the Ombudsman. |
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(2) | In particular, information about the matters specified in subsection (1) must be |
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included in or provided with— |
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(a) | any document published by the listed authority which contains |
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(i) | relevant services provided by the authority to members of the |
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(ii) | the procedures of the authority for dealing with complaints, |
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(b) | any document issued by the listed authority in responding to a |
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complaint made to it by a person who might be entitled to make the |
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complaint to the Ombudsman. |
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(3) | The Ombudsman may issue guidance to listed authorities with respect to the |
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discharge of their functions under this section. |
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(4) | A listed authority must have regard to guidance given by the Ombudsman |
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(5) | “Relevant service” has the meaning given in section 7. |
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34 | Compensation for the person aggrieved |
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(1) | This section applies if— |
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(a) | a complaint in respect of a matter is made or referred to the |
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(b) | the complaint is one which the Ombudsman has power to investigate |
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(2) | The listed authority in respect of which the complaint is made may make a |
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payment to, or provide any other benefit for, the person aggrieved in respect |
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of the matter which is the subject of the complaint. |
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(3) | It is immaterial for the purposes of this section that the Ombudsman has |
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decided not to investigate the complaint, has discontinued an investigation of |
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the complaint, has not yet completed an investigation of the complaint or has |
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not upheld the complaint. |
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(4) | The power in subsection (2) does not affect any other power of the listed |
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authority to make the payment or provide the benefit. |
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Miscellaneous and General |
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Conduct of local government members and employees |
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35 | Conduct of local government members and employees |
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Schedule 4 (which confers functions on the Ombudsman in relation to the |
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conduct of local government members and employees) has effect. |
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Abolition of existing bodies and offices |
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36 | Abolition of existing bodies and offices |
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(1) | The Commission for Local Administration in Wales is abolished. |
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(2) | The office of Welsh Administration Ombudsman is abolished. |
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(3) | The office of Health Service Commissioner for Wales is abolished. |
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(4) | The office of Social Housing Ombudsman for Wales is abolished. |
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37 | Transfer of property, staff etc. |
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Schedule 5 (which provides for the transfer of property, staff etc. to the |
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38 | Undetermined complaints |
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(1) | Subsection (2) applies if— |
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(a) | a complaint has been made or referred to an existing Welsh |
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ombudsman before the commencement date, and |
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(b) | the complaint has not been determined by that ombudsman before that |
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(2) | On and after the commencement date, the relevant existing enactment |
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continues to apply for the purposes of the complaint despite the other |
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(3) | Subsection (4) applies if— |
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(a) | a complaint could (but for the other provisions of this Act) have been |
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made or referred to an existing Welsh ombudsman, and |
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(b) | the complaint relates to action taken by a person before the |
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(4) | On and after the commencement date, the relevant existing enactment |
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continues to apply for the purposes of enabling the complaint to be made or |
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referred, and for the purposes of the complaint if made or referred, despite the |
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other provisions of this Act. |
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(5) | As applied by subsections (2) and (4), the relevant existing enactment has effect |
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as if for references to the existing Welsh ombudsman in relation to which that |
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enactment applies there were substituted references to the Ombudsman. |
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“the commencement date” means the date on which this section comes |
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“existing Welsh ombudsman” means— |
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(a) | the Welsh Administration Ombudsman; |
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(b) | the Health Service Commissioner for Wales; |
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(c) | a Local Commissioner who is a member of the Commission for |
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Local Administration in Wales; |
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(d) | the Social Housing Ombudsman for Wales; |
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“the relevant existing enactment”— |
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(a) | if the relevant existing Welsh ombudsman is the Welsh |
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Administration Ombudsman, means Schedule 9 to the |
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Government of Wales Act 1998 (c. 38); |
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(b) | if the relevant existing Welsh ombudsman is the Health Service |
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Commissioner for Wales, means the Health Service |
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Commissioners Act 1993 (c. 46); |
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(c) | if the relevant existing Welsh ombudsman is a Local |
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Commissioner, means Part 3 of the Local Government Act 1974 |
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(d) | if the relevant existing Welsh ombudsman is the Social Housing |
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Ombudsman for Wales, means Part 1 of the Housing Act 1996 |
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“the relevant existing Welsh ombudsman”— |
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(a) | in relation to a complaint within subsection (1), means the |
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existing Welsh ombudsman to whom the complaint was made |
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(b) | in relation to a complaint within subsection (3), means the |
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existing Welsh ombudsman to whom the complaint could have |
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39 | Amendments and repeals |
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(1) | Schedule 6 (which contains amendments consequential on this Act) has effect. |
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(2) | Schedule 7 (which contains repeals) has effect. |
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