Commissioner for Older People (Wales) Bill [HL]

House of Commons

Session 2005 - 06
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Commissioner for Older People (Wales) Bill [HL]

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Commissioner for Older People (Wales) Bill [HL]
Schedule 1 — The Commissioner for Older People in Wales

Schedules
Schedule 1
Section 1

The Commissioner for Older People in Wales
Status
1     (1)
The Commissioner is a corporation sole.
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      (2)
The Commissioner is not to be regarded as the servant or agent of the Crown
or as enjoying any status, immunity or privilege of the Crown.
      (3)
The Commissioner’s property is not to be regarded as property of, or
property held on behalf of, the Crown.
Appointment and term of office
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Regulations may make provision—
(a)
as to the appointment of the Commissioner (including any
conditions to be fulfilled for appointment);
(b)
as to the term of office of the Commissioner (including the
circumstances in which he ceases to hold office or may be removed
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or suspended from office).
Remuneration etc
3     (1)
The Assembly must—
(a)
pay the Commissioner such remuneration and allowances, and
(b)
pay, or make provision for the payment of, such pensions or
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gratuities to or in respect of him,

as may be provided for under the terms of his appointment.
      (2)
The Assembly must pay to or in respect of a person who has ceased to hold
office as the Commissioner—
(a)
such amounts by way of pensions and gratuities, and
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(b)
such amounts by way of provision for those benefits,

as may have been provided for under the terms of his appointment.
      (3)
If a person ceases to be the Commissioner and it appears to the Assembly
that there are special circumstances which make it right that the person
should receive compensation, the Assembly may pay to that person a sum
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of such amount as it thinks appropriate.
Deputy Commissioner and other staff
4     (1)
The Commissioner must appoint a deputy Commissioner.

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      (2)
The deputy Commissioner is a member of the Commissioner’s staff.
      (3)
The deputy Commissioner may discharge the functions of the
Commissioner during a vacancy in the office of Commissioner or at any time
when the Commissioner is for any reason unable to act.
      (4)
At any time when the deputy Commissioner has power to act under sub-
5
paragraph (3), any property or rights vested in the Commissioner may be
dealt with by the deputy Commissioner as if vested in him.
      (5)
The Commissioner may appoint such other staff as he thinks necessary for
assisting him in the discharge of his functions.
Delegation
10
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A function of the Commissioner may be discharged on his behalf by any
person including any member of his staff, to the extent authorised by the
Commissioner.
Superannuation Act 1972
6     (1)
In the Superannuation Act 1972 (c. 11) in Schedule 1 (kinds of employment
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to which section 1 of that Act applies)—
(a)
in the list of “Other Bodies”, at the end insert “Employment as a
member of staff of the Commissioner for Older People in Wales”;
(b)
in the list of “Offices”, at the appropriate place insert “Commissioner
for Older People in Wales”.
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      (2)
The Assembly must pay to the Minister for the Civil Service, at such times as
he may direct, such sums as he may determine in respect of any increase
attributable to sub-paragraph (1) in the sums payable out of money
provided by Parliament under the Superannuation Act 1972.
Payments by the Assembly
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The Assembly may make payments to the Commissioner of such amounts,
at such times and on such conditions (if any) as it thinks appropriate.
Reports to the Assembly
8     (1)
Regulations may make provision about the making by the Commissioner of
periodic or other reports to the Assembly relating to the discharge of his
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functions.
      (2)
The regulations may in particular—
(a)
specify the contents of a report and the persons to whom copies of a
report must be sent;
(b)
make provision about the publication of a report.
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      (3)
Subject to sub-paragraph (4), a report made by the Commissioner under the
regulations must not—
(a)
mention the name of any person, or
(b)
include any particulars which, in the opinion of the Commissioner,
are likely to identify any person and which, in his opinion, can be
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omitted without impairing the effectiveness of the report.

Commissioner for Older People (Wales) Bill [HL]
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      (4)
Sub-paragraph (3) does not apply if, after taking account of the interests of
any persons he thinks appropriate, the Commissioner considers it to be in
the public interest to include that information in the report.
Estimates
9     (1)
For each financial year other than the first, the Commissioner must prepare
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an estimate of the income and expenses of his office.
      (2)
The Commissioner must submit the estimate to the Assembly Cabinet at
least five months before the beginning of the financial year to which it
relates.
      (3)
The Assembly Cabinet must examine an estimate submitted to it in
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accordance with sub-paragraph (2) and must then lay the estimate before the
Assembly with any modifications it thinks appropriate.
Accounts
10    (1)
The Commissioner must—
(a)
keep proper accounting records, and
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(b)
prepare accounts in respect of each financial year in accordance with
directions given, with the consent of the Treasury, by the Assembly.
      (2)
The directions which the Assembly may give under sub-paragraph (1)(b)
include, in particular, directions as to—
(a)
the information to be contained in the accounts and the manner in
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which it is to be presented;
(b)
the methods and principles in accordance with which the accounts
are to be prepared;
(c)
the additional information (if any) that is to accompany the accounts.
      (3)
A direction given by the Assembly under sub-paragraph (1)(b) may be
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amended or revoked by a subsequent such direction.
Accounting officer
11    (1)
The Commissioner is the accounting officer for the office of the
Commissioner.
      (2)
The accounting officer has, in relation to the accounts and the finances of the
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Commissioner, the responsibilities which are from time to time specified by
the Treasury.
      (3)
In this paragraph references to responsibilities include in particular—
(a)
responsibilities in relation to the signing of accounts,
(b)
responsibilities for the propriety and regularity of the finances of the
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Commissioner, and
(c)
responsibilities for the economy, efficiency and effectiveness with
which the resources of the Commissioner are used.
      (4)
The responsibilities which may be specified under this paragraph include
responsibilities owed to—
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(a)
the Assembly, the Assembly Cabinet or the Audit Committee, or
(b)
the House of Commons or its Committee of Public Accounts.

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      (5)
If requested to do so by the House of Commons Committee of Public
Accounts, the Audit Committee may—
(a)
on behalf of the Committee of Public Accounts take evidence from
the accounting officer, and
(b)
report to the Committee of Public Accounts and transmit to that
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Committee any evidence so taken.
Audit
12    (1)
The accounts prepared by the Commissioner for a financial year must be
submitted by him to the Auditor General for Wales no later than 30
November in the following financial year.
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      (2)
The Auditor General for Wales must—
(a)
examine, certify and report on each set of accounts submitted to him
under this paragraph, and
(b)
no later than four months after the accounts are submitted to him, lay
before the Assembly a copy of them as certified by him together with
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his report on them.
      (3)
In examining accounts submitted to him under this paragraph, the Auditor
General for Wales must, in particular, satisfy himself that the expenditure to
which the accounts relate has been incurred lawfully and in accordance with
the authority which governs it.
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Examinations into the use of resources
13    (1)
The Auditor General for Wales may carry out examinations into the
economy, efficiency and effectiveness with which the Commissioner has
used his resources in discharging his functions.
      (2)
Sub-paragraph (1) is not to be construed as entitling the Auditor General for
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Wales to question the merits of the policy objectives of the Commissioner.
      (3)
In determining how to discharge his functions under this paragraph, the
Auditor General for Wales must take into account the views of the Audit
Committee as to the examinations which he should carry out.
      (4)
The Auditor General for Wales may lay before the Assembly a report of the
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results of any examination carried out by him under this paragraph.
Examinations by the Comptroller and Auditor General
14    (1)
For the purposes of enabling him to carry out examinations into, and report
to Parliament on, the finances of the Commissioner, the Comptroller and
Auditor General—
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(a)
has a right of access at all reasonable times to all such documents in
the custody of or under the control of the Commissioner, or of the
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
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of those documents any assistance, information or explanation
which he reasonably thinks necessary for that purpose.
      (2)
The Comptroller and Auditor General must—
(a)
consult the Auditor General for Wales, and

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(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
in respect of the Commissioner under section 7 of the National Audit Act
1983 (c. 44) (economy etc. examinations).
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Evidence
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A document purporting to be duly executed under the seal of the
Commissioner or to be signed by him or on his behalf is to be received in
evidence and, unless the contrary is proved, taken to be so executed or
signed.
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Disqualifications
16
In the House of Commons Disqualification Act 1975 (c. 24) in Part 3 of
Schedule 1 (certain disqualifying offices), at the appropriate places insert the
following entries—
“Commissioner for Older People in Wales”;
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“Member of staff of the Commissioner for Older People in Wales”.
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In the Northern Ireland Assembly Disqualification Act 1975 (c. 25) in Part 3
of Schedule 1 (certain disqualifying offices), at the appropriate places insert
the following entries—
“Commissioner for Older People in Wales”;
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“Member of staff of the Commissioner for Older People in Wales”.
Welsh language scheme
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In section 6(1) of the Welsh Language Act 1993 (c. 38) (public bodies for the
purposes of Part 2 of that Act), after paragraph (n) insert—
“(na)
the Commissioner for Older People in Wales;”.
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Supplementary powers
19    (1)
Subject to any directions given by the Assembly, the Commissioner may do
anything (including acquire or dispose of any property or rights) which is
calculated to facilitate, or is conducive or incidental to, the discharge of his
functions.
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      (2)
A direction given by the Assembly under sub-paragraph (1) may be
amended or revoked by a subsequent such direction.
Miscellaneous
20
In section 144 of the Government of Wales Act 1998 (c. 38) (accounts, audit
and reports), in subsection (8)(a), after “the Children’s Commissioner for
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Wales,” insert “the Commissioner for Older People in Wales,”.
21
In the Freedom of Information Act 2000 (c. 36)—
(a)
in the table in section 76(1) (disclosure of information between
Information Commissioner and ombudsmen), at the end insert—

Commissioner for Older People (Wales) Bill [HL]
Schedule 2 — Persons whose functions are subject to review under section 3
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“The Commissioner
The Commissioner for

for Older People in
Older People (Wales)

Wales
Act 2006”;

(b)
in Part 6 of Schedule 1 (other public bodies: general), at the
appropriate place insert “The Commissioner for Older People in
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Wales”.
Financial year
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Regulations must specify the periods which are to be treated, for the
purposes of this Schedule, as the first and subsequent financial years of the
Commissioner.
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Schedule 2
Section 3

Persons whose functions are subject to review under section 3
Local government and fire
A county council, county borough council or community council in
Wales.
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A joint board the constituent authorities of which are all county or county
borough councils in Wales.
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.
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Health and social care
The Care Council for Wales.
A Local Health Board.
An NHS trust managing a hospital or other establishment or facility in
Wales.
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A Special Health Authority discharging functions in relation to Wales.
The Wales Centre for Health.
A family health service provider in Wales.
An independent provider in Wales.
Health Professions Wales or Proffesiynau Iechyd Cymru.
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National Leadership and Innovations Agency for Healthcare.
Education and training
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
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yng Nghymru.
The Higher Education Funding Council for Wales.

Commissioner for Older People (Wales) Bill [HL]
Schedule 3 — Persons whose arrangements are subject to review and monitoring under section 5
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A further education corporation discharging functions in relation to
Wales.
A higher education corporation discharging functions in relation to
Wales.
An institution in Wales falling within section 91(5)(a) of the Further and
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Higher Education Act 1992 (c. 13).
The governing body of a maintained school in Wales at which further
education is provided.
The Qualifications, Curriculum and Assessment Authority for Wales.
Arts and leisure
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The Arts Council of Wales.
The Sports Council for Wales.
The Wales Tourist Board.
The National Library of Wales.
The National Museums and Galleries of Wales.
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The Royal Commission on the Ancient and Historical Monuments of
Wales.
Environment
A National Park authority for a National Park in Wales.
The Countryside Council for Wales.
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The Environment Agency.
The Forestry Commissioners.
Miscellaneous
The Welsh Development Agency.
The Welsh Language Board.
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An agricultural wages committee for an area wholly in, or consisting of,
Wales.
Schedule 3
Section 6

Persons whose arrangements are subject to review and monitoring under
section 5
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Local government
A county council or county borough council in Wales.
Health and social care
A Local Health Board.
An NHS trust managing a hospital or other establishment or facility in
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Wales.
A Special Health Authority discharging functions in relation to Wales.
A family health service provider in Wales.