Public Services Ombudsman (Wales) Bill [HL]

House of Commons

Session 2004 - 05
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Other Bills before Parliament

Public Services Ombudsman (Wales) Bill [HL]

Public Services Ombudsman (Wales) Bill [HL]
Schedule 2 — Excluded matters
34

Auditor General for Wales, as he may reasonably require for that
purpose, and
(b)
is entitled to require from any person holding or accountable for any
of those documents any assistance, information or explanation
which he reasonably thinks necessary for that purpose.
5
      (2)
The Comptroller and Auditor General must—
(a)
consult the Auditor General for Wales, and
(b)
take account of any relevant work done or being done by the Auditor
General for Wales,

before he acts in reliance on sub-paragraph (1) or carries out an examination
10
in respect of the Ombudsman under section 7 of the National Audit Act 1983
(c. 44) (economy etc. examinations).
Supplementary powers
21
The Ombudsman may do anything (including acquire or dispose of any
property or rights) which is calculated to facilitate, or is conducive or
15
incidental to, the discharge of any of his functions.
Schedule 2
Section 10

Excluded matters
1
Action taken by or with the authority of the Assembly or a police authority
for a police area in Wales for the purpose of—
20
(a)
the investigation or prevention of crime, or
(b)
the protection of the security of the State.
2
The commencement or conduct of proceedings before a court of competent
jurisdiction.
3
Action taken by a member of the administrative staff of a relevant tribunal
25
so far as taken at the direction, or on the authority (whether express or
implied), of a person acting in his capacity as a member of the tribunal.
4
Action taken in respect of appointments, removals, pay, discipline,
superannuation or other personnel matters (apart from procedures for
recruitment and appointment) in relation to—
30
(a)
service in an office or employment under the Crown or under a listed
authority;
(b)
service in an office or employment, or under a contract for services,
in respect of which power to take action in personnel matters, or to
determine or approve action to be taken in personnel matters, is
35
vested in Her Majesty or a listed authority.
5
Action relating to the determination of the amount of rent.
6     (1)
Action taken by an authority specified in sub-paragraph (2) and relating to—
(a)
the giving of instruction, or
(b)
conduct, curriculum, internal organisation, management or
40
discipline,

Public Services Ombudsman (Wales) Bill [HL]
Schedule 3 — Listed authorities
35


in a school or other educational establishment maintained by a local
authority in Wales.
      (2)
The authorities are—
(a)
a local authority in Wales;
(b)
an admission appeal panel;
5
(c)
the governing body of a community, foundation or voluntary school;
(d)
an exclusion appeal panel.
7
Action taken by the National Council for Education and Training for Wales
by virtue of paragraph 11 or 12 of Schedule 10 to the Learning and Skills Act
2000 (c. 21) (legal proceedings and agreements etc. to which the Further
10
Education Funding Council for Wales was a party).
8
Action which is or has been the subject of an inquiry under section 84 of the
National Health Service Act 1977 (c. 49).
9
Action taken by a Local Health Board in the discharge of its functions
under—
15
(a)
the National Health Service (Service Committees and Tribunal)
Regulations 1992 or any instrument replacing those regulations;
(b)
regulations made under section 38, 39, 41 or 42 of the National
Health Service Act 1977 by virtue of section 17 of the Health and
Medicines Act 1988 (c. 49) (investigations of matters relating to
20
services).
10
Action relating to arrangements for the provision of family health services
made by a Welsh health service body and a family health service provider in
Wales, where—
(a)
the action is taken by the body or the provider, and
25
(b)
a complaint in respect of the action is made by the provider or the
body.
Schedule 3
Section 28

Listed authorities
Government of Wales
30
The Assembly.
Local government, fire and police
A local authority in Wales.
A joint board the constituent authorities of which are all local authorities
in Wales.
35
A fire and rescue authority in Wales constituted by a scheme under
section 2 of the Fire and Rescue Services Act 2004 (c. 21) or a scheme to
which section 4 of that Act applies.
A police authority for a police area in Wales.

Public Services Ombudsman (Wales) Bill [HL]
Schedule 3 — Listed authorities
36

Environment
A National Park authority for a National Park in Wales.
The Countryside Council for Wales.
The Environment Agency.
The Forestry Commissioners.
5
A regional flood defence committee for an area wholly or partly in Wales.
An internal drainage board for an internal drainage district wholly or
partly in Wales.
Health and social care
The Care Council for Wales.
10
A Local Health Board.
An NHS trust managing a hospital or other establishment or facility in
Wales.
A Special Health Authority not discharging functions only or mainly in
England.
15
The Wales Centre for Health.
A Community Health Council.
An independent provider in Wales.
A family health service provider in Wales.
A person with functions conferred by regulations made under section
20
113(2) of the Health and Social Care (Community Health and
Standards) Act 2003 (c. 43).
Housing
A social landlord in Wales.
Education and training
25
The National Council for Education and Training for Wales.
The Office of Her Majesty’s Chief Inspector of Education and Training in
Wales or Prif Arolygydd Ei Mawrhydi dros Addysg a Hyfforddiant
yng Nghymru.
The Higher Education Funding Council for Wales.
30
An admission appeal panel constituted in accordance with regulations
under section 94(5) or 95(3) of the School Standards and Framework
Act 1998 (c. 31).
The governing body of any community, foundation or voluntary school
so far as acting in connection with the admission of pupils to the school
35
or otherwise discharging any of their functions under Chapter 1 of Part
3 of the School Standards and Framework Act 1998.
An exclusion appeal panel constituted in accordance with regulations
under section 52 of the Education Act 2002 (c. 32).
Arts and leisure
40
The Arts Council of Wales.
The Sports Council for Wales.
The Wales Tourist Board.

Public Services Ombudsman (Wales) Bill [HL]
Schedule 4 — Conduct of local government members and employees
37

Miscellaneous
The Welsh Development Agency.
The Welsh Language Board.
Schedule 4
Section 35

Conduct of local government members and employees
5
1
The Local Government Act 2000 (c. 22) is amended as follows.
2
In section 49 (principles governing conduct of members of relevant
authorities)—
(a)
in subsection (4)(b), for “the Commission for Local Administration in
Wales” substitute “the Public Services Ombudsman for Wales”;
10
(b)
in subsection (5)(c), for “the Commission for Local Administration in
Wales” substitute “the Public Services Ombudsman for Wales”.
3
In section 51 (duty of relevant authorities to adopt codes of conduct) in
subsection (6)(c)(ii), for “Commission for Local Administration in Wales”
substitute “Public Services Ombudsman for Wales”.
15
4
In section 53 (standards committees), in subsection (11)(k), for “the
Commission for Local Administration in Wales” substitute “the Public
Services Ombudsman for Wales”.
5
In section 62 (investigations: further provisions) in subsection (7)—
(a)
in paragraph (b), omit “or the Commission for Local Administration
20
in Wales”;
(b)
in paragraph (c), for “or the Health Service Commissioner for Wales,
or by their officers” substitute “or by his officers”;
(c)
at the end insert “, or
(d)
the restriction imposed by section 26 of the Public
25
Services Ombudsman (Wales) Act 2005.”.
6
In section 63 (restrictions on disclosure of information) in subsection (1)(a),
for “the Commission for Local Administration in Wales, a Local
Commissioner in Wales” substitute “the Public Services Ombudsman for
Wales”.
30
7
In the heading to section 67, for “Local Commissioner” substitute
“ombudsmen”.
8
In section 67—
(a)
after subsection (1) insert—
“(1A)
If, at any stage in the course of conducting an investigation
35
under section 59, an ethical standards officer forms the
opinion that the matters which are the subject of the
investigation relate partly to a matter which could be the
subject of an investigation under Part 2 of the Public Services
Ombudsman (Wales) Act 2005, he may consult the Public
40
Services Ombudsman for Wales about the investigation and,
if he considers it necessary, inform any person who made the

Public Services Ombudsman (Wales) Bill [HL]
Schedule 4 — Conduct of local government members and employees
38

allegation which gave rise to the investigation of the steps
necessary to initiate a complaint under Part 2 of that Act.”;
(b)
in subsection (2), for “that Act” substitute “the Local Government Act
1974”;
(c)
after subsection (2) insert—
5
“(2A)
If, at any stage in the course of conducting an investigation
under Part 2 of the Public Services Ombudsman (Wales) Act
2005, the Public Services Ombudsman for Wales forms the
opinion that the complaint relates partly to a matter which
could be the subject of an investigation under section 59 of
10
this Act, he may consult the Standards Board for England
about the investigation and, if he considers it necessary,
inform the person initiating the complaint of the steps
necessary to make an allegation under section 58.”;
(d)
in subsection (3), for “subsection (1) or (2)” substitute “any of
15
subsections (1) to (2A)”;
(e)
in subsection (4), after “Local Government Act 1974” insert “, section
26 of the Public Services Ombudsman (Wales) Act 2005”.
9
For the italic heading immediately preceding section 68 substitute “Public
Services Ombudsman for Wales”.
20
10
For the heading to section 68 substitute “Public Services Ombudsman for
Wales”.
11
In section 68—
(a)
in subsection (1), for “A Local Commissioner in Wales” substitute
“The Public Services Ombudsman for Wales”;
25
(b)
in subsection (2), for “The Commission for Local Administration in
Wales” substitute “The Public Services Ombudsman for Wales”;
(c)
for subsection (3) substitute—
“(3)
The National Assembly for Wales may by regulations make
provision which, for the purpose of any provisions of the
30
Public Services Ombudsman (Wales) Act 2005 specified in
the regulations, treats—
(a)
functions of the Public Services Ombudsman for
Wales under that Act as including his functions under
this Part, or
35
(b)
expenses of the Public Services Ombudsman for
Wales under that Act as including his expenses under
this Part.”;
(d)
in subsection (4), omit “Part 3 of”;
(e)
omit subsection (5).
40
12
For the heading to section 69 substitute “Investigations by the Public
Services Ombudsman for Wales”.
13
In section 69—
(a)
in subsection (1), for “A Local Commissioner in Wales” substitute
“The Public Services Ombudsman for Wales”;
45
(b)
in subsection (2), for “a Local Commissioner in Wales” substitute
“the Public Services Ombudsman for Wales”;

Public Services Ombudsman (Wales) Bill [HL]
Schedule 4 — Conduct of local government members and employees
39

(c)
in subsection (5), for “a Local Commissioner in Wales who reaches a
finding under subsection (4)(c)” substitute “if the Public Services
Ombudsman for Wales reaches a finding under subsection (4)(c) he”.
14
In section 70 (investigations: further provisions)—
(a)
in subsection (2), for paragraph (b) substitute—
5
“(b)
any provisions of sections 13 to 15, 25 to 27 and 32 of
the Public Services Ombudsman (Wales) Act 2005.”;
(b)
in subsection (3), for “A Local Commissioner in Wales” substitute
“The Public Services Ombudsman for Wales”;
(c)
in subsections (4) and (5), for “a Local Commissioner in Wales”
10
substitute “the Public Services Ombudsman for Wales”.
15
In section 71 (reports etc)—
(a)
in subsections (1) to (3), for “a Local Commissioner in Wales”
substitute “the Public Services Ombudsman for Wales”;
(b)
in subsection (4)(b), for “a Local Commissioner in Wales who reaches
15
a finding under section 69(4)(c)” substitute “if the Public Services
Ombudsman for Wales reaches a finding under section 69(4)(c) he”;
(c)
in subsection (6), for “A Local Commissioner in Wales” substitute
“The Public Services Ombudsman for Wales”.
16
In section 72 (interim reports), in subsections (1), (3) and (4), for “a Local
20
Commissioner in Wales” substitute “the Public Services Ombudsman for
Wales”.
17
In section 73 (matters referred to monitoring officers) in subsection (7), for “a
Local Commissioner in Wales” substitute “the Public Services Ombudsman
for Wales”.
25
18
In section 74 (law of defamation), for “a Local Commissioner in Wales”
substitute “the Public Services Ombudsman for Wales”.
19
In section 78 (decisions of interim case tribunals) in subsection (5), for “a
Local Commissioner in Wales” substitute “the Public Services Ombudsman
for Wales”.
30
20
In section 79 (decisions of case tribunals) in subsection (12)(a)(ii), for “the
Commission for Local Administration in Wales” substitute “the Public
Services Ombudsman for Wales”.
21
In section 80 (recommendations by case tribunals) in subsection (6)(b), for “a
Local Commissioner in Wales” substitute “the Public Services Ombudsman
35
for Wales”.
22
In section 81 (disclosure and registration of members’ interests etc) in
subsection (7)—
(a)
in paragraph (b) insert at the beginning “if it is a relevant authority
in England or a police authority in Wales,”;
40
(b)
at the end insert—
“(c)
if it is a relevant authority in Wales, inform the Public
Services Ombudsman for Wales that copies of the
register are so available.”.
23
In section 82 (code of conduct for local government employees) in
45
subsections (5)(b) and (6)(c), for “the Commission for Local Administration
in Wales” substitute “the Public Services Ombudsman for Wales”.

Public Services Ombudsman (Wales) Bill [HL]
Schedule 5 — Transfer of staff, property etc.
40

24
In section 83 (interpretation of Part 3) in subsection (1)—
(a)
omit the definition of “Local Commissioner in Wales”;
(b)
in the definition of “the relevant Adjudication Panel” in paragraph
(b), for “a Local Commissioner in Wales” substitute “the Public
Services Ombudsman for Wales”.
5
Schedule 5
Section 37

Transfer of staff, property etc.
Interpretation
1
In this Schedule—
“the commencement date” means the date on which this Schedule
10
comes into force;
“existing authority” means each of—
(a)
the Welsh Administration Ombudsman;
(b)
the Health Service Commissioner for Wales;
(c)
the Commission for Local Administration in Wales;
15
(d)
a Local Commissioner who is a member of the Commission for
Local Administration in Wales;
(e)
the Social Housing Ombudsman for Wales;
“relevant employee” means a person who, immediately before the
commencement date, was an officer or member of staff of an existing
20
authority;
“the relevant existing authority”, in relation to a relevant employee,
means the existing authority of which he was an officer or member
of staff immediately before the commencement date.
Transfer of staff
25
2
On the commencement date each relevant employee transfers to and
becomes a member of the staff of the Ombudsman.
3
The contract of employment of a relevant employee transferred under
paragraph 2—
(a)
is not terminated by the transfer;
30
(b)
has effect on and after the commencement date as if originally made
between the employee and the Ombudsman.
4
Accordingly—
(a)
all rights, powers, duties and liabilities of the relevant existing
authority under or in connection with the contract of employment
35
are transferred to the Ombudsman on the commencement date;
(b)
anything done before that date by or in relation to the relevant
existing authority in respect of that contract or the relevant employee
is to be treated on and after that date as having been done by or in
relation to the Ombudsman.
40
5
But if a relevant employee informs the relevant existing authority or the
Ombudsman before the commencement date that he objects to the transfer—