Public Services Ombudsman (Wales) Bill [HL]

House of Commons

Session 2004 - 05
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Public Services Ombudsman (Wales) Bill [HL]

Public Services Ombudsman (Wales) Bill [HL]
Schedule 5 — Transfer of staff, property etc.
41

(a)
paragraphs 2 to 4 do not apply; and
(b)
the contract of employment is terminated immediately before the
commencement date but the relevant employee is not to be treated,
for any purpose, as having been dismissed by the relevant existing
authority.
5
6
Paragraph 5 does not affect any right of a relevant employee to terminate his
contract of employment if (apart from the change of employer) a substantial
change is made to his detriment in his working conditions.
Transfer of property, rights and liabilities
7
On the commencement date all property, rights and liabilities to which each
10
existing authority was entitled or subject immediately before that date
transfer to and vest in the Ombudsman.
8
The reference in paragraph 7 to rights and liabilities does not include any
rights and liabilities under a contract of employment transferred to the
Ombudsman under paragraph 2.
15
9
Paragraph 7 has effect in relation to any property, rights and liabilities to
which it applies despite any provision (of whatever nature) which would
otherwise prevent, penalise or restrict their transfer.
10
Anything (including legal proceedings) which is in the process of being
done by or in relation to an existing authority immediately before the
20
commencement date and which relates to—
(a)
any function of that existing authority, or
(b)
any property, rights or liabilities of that existing authority
transferred to the Ombudsman under paragraph 7,

may, on and after the commencement date, be continued by or in relation to
25
the Ombudsman.
11
Anything done by an existing authority for the purpose of, or in connection
with—
(a)
any function of that existing authority, or
(b)
any property, rights or liabilities of that existing authority
30
transferred to the Ombudsman under paragraph 7,

and which is in effect immediately before the commencement date is to have
effect on and after the commencement date as if done by the Ombudsman.
12
On and after the commencement date, the Ombudsman is to be substituted
for each existing authority in any instruments, contracts or legal proceedings
35
which relate to—
(a)
any function of that existing authority, or
(b)
any property, rights or liabilities of that existing authority
transferred to the Ombudsman under paragraph 7,

and which are made or commenced before the commencement date.
40

Public Services Ombudsman (Wales) Bill [HL]
Schedule 6 — Consequential amendments
42

Schedule 6
Section 39

Consequential amendments
Parliamentary Commissioner Act 1967 (c. 13)
1
The Parliamentary Commissioner Act 1967 is amended as follows.
2
In section 3 (administrative provisions) in subsection (2), for “of the Welsh
5
Administration Ombudsman or of the Health Service Commissioner for
Wales” substitute “of the Public Services Ombudsman for Wales”.
3
In section 4 (departments etc subject to investigation) in subsection (3A), for
“by the Welsh Administration Ombudsman under Schedule 9 to the
Government of Wales Act 1998” substitute “by the Public Services
10
Ombudsman for Wales under the Public Services Ombudsman (Wales) Act
2005”.
4
In section 11 (provision for secrecy of information) in subsection (2A)—
(a)
for “holds office as Welsh Administration Ombudsman or as a
Health Service Commissioner” substitute “holds office as the Health
15
Service Commissioner for England”;
(b)
for “in his capacity as Welsh Administration Ombudsman or a
Health Service Commissioner” substitute “in his capacity as the
Health Service Commissioner for England”.
5     (1)
Section 11A is amended as follows.
20
      (2)
In subsection (1)—
(a)
for the words from “the Welsh Administration Ombudsman” to “the
Health Service Commissioner for England or Wales” substitute “the
Public Services Ombudsman for Wales, the Scottish Public Services
Ombudsman or the Health Service Commissioner for England”;
25
(b)
in paragraph (b), for the words from “Government of Wales” to
“Health Service” substitute “Public Services Ombudsman (Wales)
Act 2005 or the Health Service”.
      (3)
In subsection (2), for the words from “Welsh Administration Ombudsman”
to “Health Service Commissioner” substitute “Public Services Ombudsman
30
for Wales, the Scottish Public Services Ombudsman or the Health Service
Commissioner for England”.
Superannuation Act 1972 (c. 11)
6
In Schedule 1 to the Superannuation Act 1972 (kinds of employment etc.
referred to in section 1)—
35
(a)
omit “Health Service Commissioner for Wales”;
(b)
omit “The Local Commissioner for Wales”;
(c)
omit “Welsh Administration Ombudsman”.
Local Government Act 1974 (c. 7)
7
The Local Government Act 1974 is amended as follows.
40
8     (1)
Section 23 (the Commissions for Local Administration) is amended as
follows.

Public Services Ombudsman (Wales) Bill [HL]
Schedule 6 — Consequential amendments
43

      (2)
In subsection (1)—
(a)
omit paragraph (b) and the word “and” immediately preceding it;
(b)
for “each of the Commissions” substitute “the Commission”.
      (3)
In subsection (2), for “each of the Commissions” substitute “the
Commission”.
5
      (4)
In subsection (3), for “one of the Commissions” substitute “the
Commission”.
      (5)
Omit subsection (3A).
      (6)
In subsection (7), omit the words from “and, in the event” to the end.
      (7)
In subsection (8), omit the words from “; and where the” to “similar way in
10
Wales”.
      (8)
In subsection (10)—
(a)
for “Each of the Commissions” substitute “The Commission”;
(b)
in paragraph (a), omit the words from “including” to “that other
Commission”.
15
      (9)
In subsection (11)—
(a)
for the words from “his Commission” to “submit it to the other
Commission”, substitute “the Commission”;
(b)
omit “to the appropriate Commission”.
     (10)
In subsection (12)—
20
(a)
for “the Commissions” substitute “the Commission”;
(b)
omit “or the National Assembly for Wales”.
     (11)
In subsection (12A), for “Each of the Commissions” substitute “The
Commission”.
     (12)
In subsection (12B), in paragraph (a) omit the words “in England or, as the
25
case may be, authorities in Wales”.
     (13)
In subsection (13), for “the Commissions” substitute “the Commission”.
9     (1)
Section 23A (annual reports for representatives etc) is amended as follows.
      (2)
In subsection (1)—
(a)
for “each of the Commissions” substitute “the Commission”;
30
(b)
in paragraph (a), omit the words “in England or, as the case may be,
authorities in Wales”.
      (3)
In subsection (2), for “each Commission” substitute “the Commission”.
      (4)
In subsection (3), for “Each Commission” substitute “The Commission”.
      (5)
In subsection (4), for “the Commission concerned” substitute “the
35
Commission”.
      (6)
Omit subsection (6).
10
In section 25(1) (authorities subject to investigation)—
(a)
in paragraph (ab), at the end insert “for a National Park in England”;
(b)
in paragraph (bd), at the end insert “for an urban development area
40
in England”;

Public Services Ombudsman (Wales) Bill [HL]
Schedule 6 — Consequential amendments
44

(c)
in paragraph (be), at the end insert “for a designated area in
England”;
(d)
in paragraph (bg), after “fire and rescue authority” insert “in
England”;
(e)
in paragraph (ca), after “Police Act 1996” insert “for a police area in
5
England”;
(f)
in paragraph (d), at the end insert “for an area wholly or partly in
England”.
11    (1)
Section 26 (matters subject to investigation) is amended as follows.
      (2)
In subsection (6)(b), omit “or the National Assembly for Wales”.
10
      (3)
After subsection (6) insert—
“(6A)
A Local Commissioner shall not conduct an investigation under this
Part of this Act in respect of any action taken in connection with the
discharge by an authority of any of the authority’s functions
otherwise than in relation to England.”
15
12    (1)
Section 29 (investigations: further provisions) is amended as follows.
      (2)
In subsection (3), omit “or the National Assembly for Wales”.
      (3)
in subsection (5)—
(a)
omit paragraph (aa);
(b)
in paragraph (b), for “or the Health Service Commissioner for Wales,
20
or by any of their officers” substitute “or by any of his officers”;
(c)
after paragraph (b) insert “, or
(c)
the restriction imposed by section 26 of the Public
Services Ombudsman (Wales) Act 2005.”.
13    (1)
Section 32 (law of defamation and disclosure of information) is amended as
25
follows.
      (2)
In subsection (1) in paragraphs (a) and (b), for “either Commission”
substitute “the Commission”.
      (3)
In subsection (2)—
(a)
for “either Commission” (in both places) substitute “the
30
Commission”;
(b)
for “his Commission” substitute “the Commission”.
      (4)
In subsection (3), for “a Commission” substitute “the Commission”.
      (5)
In subsection (5)—
(a)
omit “or the National Assembly for Wales”;
35
(b)
omit “or a member of the Assembly’s staff”;
(c)
omit “or the Assembly”.
14
Omit section 32A (use of information by Local Commissioner in other
capacity).
15    (1)
Section 33 (consultation between Local Commissioner and other
40
commissioners and ombudsmen) is amended as follows.
      (2)
In subsection (1)—
(a)
omit paragraphs (aa) and (aza);

Public Services Ombudsman (Wales) Bill [HL]
Schedule 6 — Consequential amendments
45

(b)
in paragraph (b), omit “or the Health Service Commissioner for
Wales”;
(c)
after paragraph (b) insert—
“(ba)
by the Public Services Ombudsman for Wales, in
accordance with the Public Services Ombudsman
5
(Wales) Act 2005;”;
(d)
omit “under the Housing Act 1996, under the Government of Wales
Act 1998,”;
(e)
after “the Act of 1993” insert “, the Public Services Ombudsman
(Wales) Act 2005”.
10
      (3)
In subsection (2)—
(a)
for the words from “the Social” to “Welsh Administration
Ombudsman” substitute “the Public Services Ombudsman for
Wales”;
(b)
for “one of the Health Service Commissioners” substitute “the Health
15
Service Commissioner for England”.
      (4)
In subsection (5)—
(a)
omit “in paragraph 13(1) of Schedule 2A to the Housing Act 1996”;
(b)
for “paragraph 25(1) of Schedule 9 to the Government of Wales Act
1998” substitute “section 26 of the Public Services Ombudsman
20
(Wales) Act 2005”.
16    (1)
Section 34(1) (interpretation of Part 3) is amended as follows.
      (2)
For the definition of “the Commissions” substitute—
““the Commission” means the Commission for Local
Administration in England,”.
25
      (3)
In the definition of “local authority”—
(a)
after “a county council” insert “in England”;
(b)
omit “a Welsh county council, a county borough council”.
17
For the title to Schedule 4, substitute “The Commission”.
18    (1)
Schedule 4 is amended as follows.
30
      (2)
in paragraph 1(3) (disqualifications), omit the words “or in the office of
Social Housing Ombudsman for Wales”.
      (3)
In paragraph 2(2), omit the words from “and, if the Commissioner for Local
Administration in Wales” to the end.
      (4)
In paragraph 3—
35
(a)
in sub-paragraph (1), for “Each Commission” substitute “The
Commission”;
(b)
in sub-paragraph (2), for “the appropriate Commission” substitute
“the Commission”.
      (5)
In paragraph 4—
40
(a)
in sub-paragraph (1), for “Each of the Commissions” substitute “The
Commission”;
(b)
in sub-paragraph (2), for “Each of the Commissions” substitute “The
Commission”;

Public Services Ombudsman (Wales) Bill [HL]
Schedule 6 — Consequential amendments
46

(c)
in sub-paragraph (3), for “a Commission” substitute “the
Commission”;
(d)
omit sub-paragraph (4).
      (6)
In the heading before paragraph 5, for “the Commissions” substitute “the
Commission”.
5
      (7)
In paragraph 5—
(a)
in sub-paragraph (1), for “The Commissions” substitute “The
Commission”;
(b)
in sub-paragraph (2), for “either Commission” substitute “the
Commission”;
10
(c)
in sub-paragraph (3), for “Each of the Commissions” substitute “The
Commission”.
      (8)
In the heading before paragraph 6, for “the Commissions” substitute “the
Commission”.
      (9)
In paragraph 6, in sub-paragraphs (1), (2) and (3), omit “for Local
15
Administration in England”.
     (10)
Omit paragraph 6A.
     (11)
In paragraph 7, in sub-paragraphs (1), (2) and (4), for “Each Commission”
substitute “The Commission”.
     (12)
In paragraph 8, omit “for Local Administration in England”.
20
     (13)
Omit paragraph 8A.
House of Commons Disqualification Act 1975 (c. 24)
19
In Schedule 1 to the House of Commons Disqualification Act 1975 (offices
disqualifying for membership)—
(a)
in Part 2, omit “The Commission for Local Administration in
25
Wales.”;
(b)
in Part 3—
(i)
omit “Health Service Commissioner for Wales.”;
(ii)
at the appropriate place insert “Public Services Ombudsman
for Wales.”;
30
(iii)
omit “Welsh Administration Ombudsman.”.
National Health Service Act 1977 (c. 49)
20    (1)
Section 19A of the National Health Service Act 1977 (independent advocacy
services) is amended as follows.
      (2)
In subsection (2)(b), for “the Health Service Commissioner for Wales”
35
substitute “the Public Services Ombudsman for Wales”.
      (3)
For subsection (3) substitute—
“(3)
In subsection (2)—
“health service body” means—
(a)
in relation to England, a body which, under section
40
2(1) of the Health Service Commissioners Act 1993, is

Public Services Ombudsman (Wales) Bill [HL]
Schedule 6 — Consequential amendments
47

subject to investigation by the Health Service
Commissioner for England;
(b)
in relation to Wales, a Welsh health service body
(within the meaning of the Public Services
Ombudsman (Wales) Act 2005);
5
“independent provider” means—
(a)
in relation to England, a person who, under section
2B(1) of the Health Service Commissioners Act 1993,
is subject to investigation by the Health Service
Commissioner for England;
10
(b)
in relation to Wales, a person who is an independent
provider in Wales (within the meaning of the Public
Services Ombudsman (Wales) Act 2005)”.
Mental Health Act 1983 (c. 20)
21
In section 134 of the Mental Health Act 1983 (correspondence of patients), in
15
subsection (3)(c)—
(a)
for “the Welsh Administration Ombudsman” substitute “the Public
Services Ombudsman for Wales”;
(b)
omit “, the Health Service Commissioner for Wales”.
Finance Act 1989 (c. 26)
20
22
In section 182 of the Finance Act 1989 (disclosure of information)—
(a)
in subsection (4)(a), for sub-paragraph (iv) substitute—
“(iv)
of the Public Services Ombudsman for Wales
and any member of his staff, or”;
(b)
in subsection (6), for “the Welsh Administration Ombudsman”
25
substitute “the Public Services Ombudsman for Wales”;
(c)
in subsection (11)(c), omit “, the Health Service Commissioner for
Wales”.
Local Government and Housing Act 1989 (c. 42)
23
The Local Government and Housing Act 1989 is amended as follows.
30
24    (1)
Section 5 (designation and reports of monitoring officer) is amended as
follows.
      (2)
In subsection (2), after paragraph (b) insert “; or
(c)
a matter which the Public Services Ombudsman for Wales
would be entitled to investigate under the Public Services
35
Ombudsman (Wales) Act 2005,”.
      (3)
After subsection (2A) insert—
“(2AA)
No duty shall arise by virtue of subsection (2)(c) above unless the
Public Services Ombudsman for Wales has conducted an
investigation under the Public Services Ombudsman (Wales) Act
40
2005 in relation to the proposal, decision or omission concerned.”
25    (1)
Section 5A (reports of monitoring officer: local authorities operating
executive arrangements) is amended as follows.