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Public Services Ombudsman (Wales) Bill [HL]


Public Services Ombudsman (Wales) Bill [HL]
Part 2 — Investigation of complaints

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Miscellaneous

31      

Power to issue guidance

(1)   

The Ombudsman may issue to one or more listed authorities such guidance

about good administrative practice as he thinks appropriate.

(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

appropriate.

(3)   

If guidance issued under this section is applicable to a listed authority, the

authority must have regard to the guidance in discharging its functions.

(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

guidance issued under this section which is applicable to the authority.

(5)   

The Ombudsman may publish any guidance issued under this section in any

manner that he thinks appropriate, including in particular by putting the

guidance in an annual or extraordinary report.

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(6)   

Guidance issued under this section may contain different provision for

different purposes.

(7)   

Subject to subsection (8), guidance issued under this section must not—

(a)   

mention the name of any person other than the listed authorities to

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

Act, or

(b)   

include any particulars which, in the opinion of the Ombudsman, are

likely to identify any such person and which, in his opinion, can be

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

persons he thinks appropriate, the Ombudsman considers it to be in the public

interest to include that information in the guidance.

32      

Protection from defamation claims

For the purposes of the law of defamation, the following are absolutely

30

privileged—

(a)   

the publication of a matter by the Ombudsman, a member of his staff

or another person acting on his behalf or assisting him in the discharge

of any of his functions, in the discharge of any of the Ombudsman’s

functions under this Act;

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(b)   

the publication of a matter by a person in the discharge of functions

under section 17;

(c)   

the publication of a matter in connection with a complaint made or

referred to the Ombudsman under this Part, in communications

between—

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(i)   

a listed authority, a member or co-opted member of a listed

authority, an officer or member of the staff of a listed authority

or another person acting on behalf of a listed authority or

assisting it in the discharge of any of its functions, and

 
 

Public Services Ombudsman (Wales) Bill [HL]
Part 2 — Investigation of complaints

20

 

(ii)   

the Ombudsman, a member of his staff or another person acting

on his behalf or assisting him in the discharge of any of his

functions;

(d)   

the publication of any matter in connection with a complaint made or

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

an Assembly member;

(e)   

the publication of any matter in connection with a complaint made or

referred (or to be made or referred) by or on behalf of a person to the

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

his behalf or assisting him in the discharge of any of his functions.

33      

Publicity for complaints procedures

(1)   

A listed authority must take reasonable steps to provide information to the

public about—

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(a)   

the right to make a complaint to the Ombudsman in respect of the

authority,

(b)   

the right of the authority to refer a complaint to the Ombudsman,

(c)   

the time limits for making and referring complaints to the

Ombudsman, and

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(d)   

how to contact the Ombudsman.

(2)   

In particular, information about the matters specified in subsection (1) must be

included in or provided with—

(a)   

any document published by the listed authority which contains

information about—

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(i)   

relevant services provided by the authority to members of the

public, or

(ii)   

the procedures of the authority for dealing with complaints,

and

(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

complaint to the Ombudsman.

(3)   

The Ombudsman may issue guidance to listed authorities with respect to the

discharge of their functions under this section.

(4)   

A listed authority must have regard to guidance given by the Ombudsman

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under subsection (3).

(5)   

“Relevant service” has the meaning given in section 7.

34      

Compensation for the person aggrieved

(1)   

This section applies if—

(a)   

a complaint in respect of a matter is made or referred to the

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Ombudsman, and

(b)   

the complaint is one which the Ombudsman has power to investigate

under section 2.

 
 

Public Services Ombudsman (Wales) Bill [HL]
Part 3 — Miscellaneous and General

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(2)   

The listed authority in respect of which the complaint is made may make a

payment to, or provide any other benefit for, the person aggrieved in respect

of the matter which is the subject of the complaint.

(3)   

It is immaterial for the purposes of this section that the Ombudsman has

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

not upheld the complaint.

(4)   

The power in subsection (2) does not affect any other power of the listed

authority to make the payment or provide the benefit.

Part 3

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Miscellaneous and General

Conduct of local government members and employees

35      

Conduct of local government members and employees

Schedule 4 (which confers functions on the Ombudsman in relation to the

conduct of local government members and employees) has effect.

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Abolition of existing bodies and offices

36      

Abolition of existing bodies and offices

(1)   

The Commission for Local Administration in Wales is abolished.

(2)   

The office of Welsh Administration Ombudsman is abolished.

(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.

37      

Transfer of property, staff etc.

Schedule 5 (which provides for the transfer of property, staff etc. to the

Ombudsman) has effect.

38      

Undetermined complaints

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(1)   

Subsection (2) applies if—

(a)   

a complaint has been made or referred to an existing Welsh

ombudsman before the commencement date, and

(b)   

the complaint has not been determined by that ombudsman before that

date.

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(2)   

On and after the commencement date, the relevant existing enactment

continues to apply for the purposes of the complaint despite the other

provisions of this Act.

(3)   

Subsection (4) applies if—

(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

 
 

Public Services Ombudsman (Wales) Bill [HL]
Part 3 — Miscellaneous and General

22

 

(b)   

the complaint relates to action taken by a person before the

commencement date.

(4)   

On and after the commencement date, the relevant existing enactment

continues to apply for the purposes of enabling the complaint to be made or

referred, and for the purposes of the complaint if made or referred, despite the

5

other provisions of this Act.

(5)   

As applied by subsections (2) and (4), the relevant existing enactment has effect

as if for references to the existing Welsh ombudsman in relation to which that

enactment applies there were substituted references to the Ombudsman.

(6)   

In this section—

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“the commencement date” means the date on which this section comes

into force;

“existing Welsh ombudsman” means—

(a)   

the Welsh Administration Ombudsman;

(b)   

the Health Service Commissioner for Wales;

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(c)   

a Local Commissioner who is a member of the Commission for

Local Administration in Wales;

(d)   

the Social Housing Ombudsman for Wales;

“the relevant existing enactment”—

(a)   

if the relevant existing Welsh ombudsman is the Welsh

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Administration Ombudsman, means Schedule 9 to the

Government of Wales Act 1998 (c. 38);

(b)   

if the relevant existing Welsh ombudsman is the Health Service

Commissioner for Wales, means the Health Service

Commissioners Act 1993 (c. 46);

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(c)   

if the relevant existing Welsh ombudsman is a Local

Commissioner, means Part 3 of the Local Government Act 1974

(c. 7);

(d)   

if the relevant existing Welsh ombudsman is the Social Housing

Ombudsman for Wales, means Part 1 of the Housing Act 1996

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(c. 52);

“the relevant existing Welsh ombudsman”—

(a)   

in relation to a complaint within subsection (1), means the

existing Welsh ombudsman to whom the complaint was made

or referred;

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(b)   

in relation to a complaint within subsection (3), means the

existing Welsh ombudsman to whom the complaint could have

been made or referred.

General

39      

Amendments and repeals

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(1)   

Schedule 6 (which contains amendments consequential on this Act) has effect.

(2)   

Schedule 7 (which contains repeals) has effect.

 
 

 
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