Public Services Ombudsman (Wales) Bill [HL]

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

Public Services Ombudsman (Wales) Bill [HL]
Schedule 6 — Consequential amendments
48

      (2)
In subsection (3), after paragraph (b) insert “; or
(c)
a matter which the Public Services Ombudsman for Wales
would be entitled to investigate under the Public Services
Ombudsman (Wales) Act 2005.”.
      (3)
After subsection (4) insert—
5
“(4A)
No duty shall arise by virtue of subsection (3)(c) above unless the
Public Services Ombudsman for Wales has conducted an
investigation under the Public Services Ombudsman (Wales) Act
2005 in relation to the proposal, decision or omission concerned.”
Social Security Administration Act 1992 (c. 5)
10
26
In section 123 of the Social Security Administration Act 1992 (unauthorised
disclosure of information relating to particular persons) in subsection (8)—
(a)
omit paragraphs (f), (hb) and (hd);
(b)
before paragraph (i) insert—
“(he)
the Public Services Ombudsman for Wales and any
15
member of his staff;”.
(c)
in paragraph (k), for “(hb)” substitute “(ha)”.
Health Service Commissioners Act 1993 (c. 46)
27
The Health Service Commissioners Act 1993 is amended as follows.
28
In the heading before section 1, for “Commissioners” substitute
20
“Commissioner”.
29
For the heading to section 1, substitute “The Commissioner”.
30    (1)
Section 1 is amended as follows.
      (2)
In subsection (1), omit paragraph (b).
      (3)
In subsection (2)—
25
(a)
for “a Commissioner” substitute “the Commissioner”;
(b)
for “any of the Commissioners” substitute “the Health Service
Commissioner for England”.
      (4)
In subsection (3), omit the words from “for England” to the end.
31    (1)
Section 2 (the bodies subject to investigation) is amended as follows.
30
      (2)
In subsection (1), for “the Health Service Commissioner for England”
substitute “the Commissioner”.
      (3)
Omit subsection (2).
      (4)
For subsection (6) substitute—
“(6)
A designation made for the purposes of subsection (5)(b) shall be
35
made by Order in Council; and a statutory instrument containing an
Order in Council made by virtue of this subsection shall be subject to
annulment in pursuance of a resolution of either House of
Parliament.”.
32    (1)
Section 2A (health service providers subject to investigation) is amended as
40
follows.

Public Services Ombudsman (Wales) Bill [HL]
Schedule 6 — Consequential amendments
49

      (2)
In subsection (1), for “the Health Service Commissioner for England”
substitute “the Commissioner”.
      (3)
Omit subsection (2).
      (4)
In subsection (4), for “subsection (1) or (2)” substitute “subsection (1)”.
33    (1)
Section 2B (independent providers subject to investigation) is amended as
5
follows.
      (2)
In subsection (1), for “the Health Service Commissioner for England”
substitute “the Commissioner”.
      (3)
Omit subsections (2) and (2A).
      (4)
In subsection (4), for “subsection (1)(a) or (2)(a)” substitute “subsection
10
(1)(a)”.
      (5)
In subsection (5), for “subsection (1) or (2)” substitute “subsection (1)”.
34
In the heading to section 3, for “Commissioners” substitute “Commissioner”.
35    (1)
Section 3 is amended as follows.
      (2)
In subsections (1), (1A), (1C), (1E), (2), (3), (4), (5) and (6), for “a
15
Commissioner” substitute “the Commissioner”.
      (3)
Omit subsection (1YA).
36    (1)
Section 4 (availability of other remedy) is amended as follows.
      (2)
In subsections (1) and (2), for “A Commissioner” substitute “The
Commissioner”.
20
      (3)
In subsection (5), for “a Commissioner” substitute “the Commissioner”.
37
In section 6 (general health services and service committees) in subsections
(3) and (5)—
(a)
for “A Commissioner” substitute “The Commissioner”;
(b)
omit “or Health Authority”.
25
38    (1)
Section 7 (personnel, contracts etc) is amended as follows.
      (2)
In subsection (1)—
(a)
for “A Commissioner” substitute “The Commissioner”;
(b)
omit “or service as a member of the staff of the Assembly”.
      (3)
In subsection (2), for “A Commissioner” substitute “The Commissioner”.
30
      (4)
In subsection (3), for “the Health Service Commissioners for England and for
Wales” substitute “the Commissioner”.
      (5)
In subsection (3A), for “A Commissioner” substitute “The Commissioner”.
      (6)
In subsections (3B) and (4), for “a Commissioner” substitute “the
Commissioner”.
35
39    (1)
Section 9 (requirements to be complied with) is amended as follows.
      (2)
In subsection (1), for “a Commissioner” substitute “the Commissioner”.
      (3)
In subsection (4A), for “section 2A(1) or (2)” substitute “section 2A(1)”.

Public Services Ombudsman (Wales) Bill [HL]
Schedule 6 — Consequential amendments
50

      (4)
In subsection (4B), for “section 2B(1) or (2)” substitute “section 2B(1)”.
40    (1)
Section 10 (referral of complaint by health service body) is amended as
follows.
      (2)
In subsections (1), (4) and (5), for “a Commissioner” substitute “the
Commissioner”.
5
      (3)
Omit subsection (2A).
41    (1)
Section 11 (procedure in respect of investigations) is amended as follows.
      (2)
In subsections (1), (1A), (1B), and (1C), for “a Commissioner” substitute “the
Commissioner”.
      (3)
In subsection (4)—
10
(a)
for “A Commissioner” substitute “The Commissioner”;
(b)
for “the Health Service Commissioner for England” substitute “the
Commissioner”;
(c)
omit the words from “and payments made by the Health Service
Commissioner for Wales” to the end.
15
42
In section 12 (evidence) in subsections (1), (1A) and (2), for “a
Commissioner” substitute “the Commissioner”.
43
In section 13 (obstruction and contempt), in subsection (1), for “A
Commissioner” substitute “The Commissioner”.
44
For the heading to section 14 substitute “Reports by the Commissioner”.
20
45    (1)
Section 14 is amended as follows.
      (2)
In subsections (1), (2), (2A), (2B), (2C), (2D), (2E), (2F), (3) and (5), for “the
Health Service Commissioner for England” substitute “the Commissioner”.
      (3)
In subsection (4), for “The Health Service Commissioner for England”
substitute “The Commissioner”.
25
46
Omit sections 14A to 14C (reports by the Welsh Commissioner).
47    (1)
Section 15 (confidentiality of information) is amended as follows.
      (2)
In subsection (1), for each occurrence of “a Commissioner” substitute “the
Commissioner”.
      (3)
In subsections (1A), (1C) and (2), for “a Commissioner” substitute “the
30
Commissioner”.
      (4)
In subsection (3)—
(a)
for “a Commissioner’s” substitute “the Commissioner’s”;
(b)
omit “or paragraph 6(6) of Schedule 1A”.
48
In section 16 (information prejudicial to the safety of the State) in subsections
35
(1) and (2), for “a Commissioner” substitute “the Commissioner”.
49    (1)
Section 17 (use of information by Commissioner in other capacity) is
amended as follows.
      (2)
In subsection (1)—
(a)
for “a Commissioner” substitute “the Commissioner”;
40

Public Services Ombudsman (Wales) Bill [HL]
Schedule 6 — Consequential amendments
51

(b)
omit the words from “any of the other offices” to “Welsh
Administration Ombudsman or”.
      (3)
Omit subsection (3).
50    (1)
Section 18 (consultation during investigations) is amended as follows.
      (2)
In subsection (1)—
5
(a)
for “a Commissioner” substitute “the Commissioner”;
(b)
omit paragraph (a);
(c)
for paragraph (ba) substitute—
“(ba)
by the Public Services Ombudsman for Wales under
the Public Services Ombudsman (Wales) Act 2005,”;
10
(d)
omit paragraph (e) and the word “or” immediately preceding it.
      (3)
In subsection (2)—
(a)
for “a Commissioner” substitute “the Commissioner”;
(b)
for “the Ombudsman” substitute “the Public Services Ombudsman
for Wales”.
15
51
In section 18A (disclosure of information to Information Commissioner) in
subsection (1) for “The Health Service Commissioner for England or the
Health Service Commissioner for Wales” substitute “The Health Service
Commissioner”.
52    (1)
Section 19 (interpretation) is amended as follows.
20
      (2)
Omit the definitions of “financial year” and “first financial year of the
Assembly”.
      (3)
In the definition of “officer” omit “and, in the case of the Health Service
Commissioner for Wales, any member of his staff”.
53    (1)
Schedule 1 is amended as follows.
25
      (2)
Omit paragraph A1.
      (3)
In the heading before paragraph 1, for “Commissioners” substitute
“Commissioner”.
      (4)
In paragraph 1(1) and (2), for “a Commissioner” substitute “the
Commissioner”.
30
      (5)
In paragraph 3—
(a)
in sub-paragraph (1), for “a Commissioner” substitute “the
Commissioner”;
(b)
in sub-paragraph (2), for “section 2(1) or (2)” substitute “section 2(1)”.
      (6)
In paragraph 3A—
35
(a)
in sub-paragraph (1), for “a Commissioner” substitute “the
Commissioner”;
(b)
in sub-paragraph (2), for “section 2A(1) or (2)” substitute “section
2A(1)”.
      (7)
In paragraphs 4, 5 and 7, for “a Commissioner” substitute “the
40
Commissioner”.
      (8)
In paragraph 11(1), for “A Commissioner” substitute “The Commissioner”.

Public Services Ombudsman (Wales) Bill [HL]
Schedule 6 — Consequential amendments
52

      (9)
In paragraph 12—
(a)
for “a Commissioner” substitute “the Commissioner”;
(b)
for “the Health Service Commissioner for Wales, the Parliamentary
Commissioner or the Welsh Administration Ombudsman”
substitute “the Parliamentary Commissioner or the Public Services
5
Ombudsman for Wales”.
     (10)
In paragraph 13—
(a)
in sub-paragraph (1), for “a Commissioner” substitute “the
Commissioner”;
(b)
in sub-paragraph (2), for “A Commissioner” substitute “The
10
Commissioner”.
     (11)
In paragraph 14, for “a Commissioner” substitute “the Commissioner”.
54
Omit Schedule 1A (the Welsh Commissioner).
Deregulation and Contracting Out Act 1994 (c. 40)
55
In section 79(1) of the Deregulation and Contracting Out Act 1994
15
(interpretation of Part 2), in the definition of “office-holder”—
(a)
for “the Welsh Administration Ombudsman” substitute “the Public
Services Ombudsman for Wales”;
(b)
omit “or for Wales”.
Housing Act 1996 (c. 52)
20
56
The Housing Act 1996 is amended as follows.
57
In section 51(7) (schemes for investigation of housing complaints), for
“section 51C” substitute “section 41 of the Public Services Ombudsman
(Wales) Act 2005”.
58
Omit sections 51A to 51C and Schedule 2A (the Social Housing Ombudsman
25
for Wales).
Audit Commission Act 1998 (c. 18)
59
In section 49(1) of the Audit Commission Act 1998 (restriction on disclosure
of information), for the second paragraph (dd) substitute—
“(de)
for the purposes of the functions of an ethical standards
30
officer or the Public Services Ombudsman for Wales under
Part 3 of the Local Government Act 2000;”.
Data Protection Act 1998 (c. 29)
60
In section 31 of the Data Protection Act 1998 (regulatory activity), in
subsection (4)(a)—
35
(a)
in sub-paragraph (ii), omit “or, the Commission for Local
Administration in Wales”;
(b)
in sub-paragraph (iii), omit “or, the Health Service Commissioner for
Wales”;
(c)
for sub-paragraph (iv) substitute—
40
“(iv)
the Public Services Ombudsman for Wales,”.

Public Services Ombudsman (Wales) Bill [HL]
Schedule 6 — Consequential amendments
53

Government of Wales Act 1998 (c. 38)
61
The Government of Wales Act 1998 is amended as follows.
62
In section 12(1) (disqualification from being Assembly member)—
(a)
in paragraph (c), omit “or the office of Welsh Administration
Ombudsman”;
5
(b)
after paragraph (c) insert—
“(ca)
he holds the office of Public Services Ombudsman for
Wales;”.
63
In section 13(3) (exceptions and relief from disqualification), for “or (c)”
substitute “, (c) or (ca)”.
10
64
In section 70 (openness), in subsection (5)(a) for “the Welsh Administration
Ombudsman and the Health Service Commissioner for Wales” substitute
“the Public Services Ombudsman for Wales”.
65
Omit section 111 (Welsh Administration Ombudsman).
66
In section 144 (accounts, audit and reports), in subsection (8)(a)—
15
(a)
for “the Welsh Administration Ombudsman” substitute “the Public
Services Ombudsman for Wales”;
(b)
omit “the Health Service Commissioner for Wales,”.
67
In section 146 (transfer etc of functions from Comptroller and Auditor
General), in subsection (2)(b)—
20
(a)
for “the Welsh Administration Ombudsman” substitute “the Public
Services Ombudsman for Wales”;
(b)
omit “the Health Service Commissioner for Wales,”.
68
In section 156 (defined expressions), omit the entry for the Welsh
Administration Ombudsman.
25
69
Omit Schedule 9 (Welsh Administration Ombudsman).
Freedom of Information Act 2000 (c. 36)
70
The Freedom of Information Act 2000 is amended as follows.
71
In section 76(1) (disclosure of information between Information Commission
and ombudsmen), in the table—
30
(a)
omit the entries relating to the Health Service Commissioner for
Wales and the Social Housing Ombudsman for Wales;
(b)
for the entry relating to the Welsh Administration Ombudsman
substitute—

“The Public Services
Part 2 of the Public

35

Ombudsman for Wales
Services Ombudsman

(Wales) Act 2005”.

72
In Schedule 1 (public authorities), in Part 6—
(a)
omit “The Commission for Local Administration in Wales”, “The
Health Service Commissioner for Wales” and “The Welsh
40
Administration Ombudsman”;

Public Services Ombudsman (Wales) Bill [HL]
Schedule 6 — Consequential amendments
54

(b)
at the appropriate place, insert “The Public Services Ombudsman for
Wales”.
Scottish Public Services Ombudsman Act 2002 (asp 11)
73
In section 21(1) of the Scottish Public Services Ombudsman Act 2002
(consultation and co-operation with other commissioners and
5
ombudsmen)—
(a)
in paragraph (b), for “either of the Health Service Commissioners”
substitute “the Health Service Commissioner”;
(b)
for paragraph (c) substitute—
“(c)
by the Public Services Ombudsman for Wales under
10
the Public Services Ombudsman (Wales) Act 2005,”.
Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
74
The Health and Social Care (Community Health and Standards) Act 2003 is
amended as follows.
75
In section 113 (complaints about health care) in subsection (4)—
15
(a)
in paragraph (a), at the beginning insert “in the case of regulations
under subsection (1),”;
(b)
after paragraph (a) insert—
“(aa)
in the case of regulations under subsection (2), to be
referred to the Public Services Ombudsman for Wales
20
for him to consider whether to investigate the
complaint or matter under the Public Services
Ombudsman (Wales) Act 2005 (and to be treated by
him as a complaint duly referred to him under section
2(3) of that Act);”.
25
76
In section 114 (complaints about social services) in subsection (5)—
(a)
in paragraph (a), omit “who is a member of the Commission for Local
Administration in England”;
(b)
for paragraph (b) substitute—
“(b)
in the case of regulations under subsection (3), to be
30
referred to the Public Services Ombudsman for Wales
for him to consider whether to investigate the
complaint or matter under the Public Services
Ombudsman (Wales) Act 2005 (and to be treated by
him as a complaint duly referred to him under section
35
2(3) of that Act).”
Public Audit (Wales) Act 2004 (c. 23)
77
In section 54 of the Public Audit (Wales) Act 2004 (restriction on disclosure
of information) in subsection (2)(d), for “a Local Commissioner in Wales”
substitute “the Public Services Ombudsman for Wales”.
40