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The Commissioner for Older People in Wales |
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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 |
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or as enjoying any status, immunity or privilege of the Crown. |
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(3) | The Commissioner’s property is not to be regarded as property of, or |
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property held on behalf of, the Crown. |
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Appointment and term of office |
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2 | Regulations may make provision— |
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(a) | as to the appointment of the Commissioner (including any |
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conditions to be fulfilled for appointment); |
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(b) | as to the term of office of the Commissioner (including the |
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circumstances in which he ceases to hold office or may be removed |
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or suspended from office). |
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(a) | pay the Commissioner such remuneration and allowances, and |
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(b) | pay, or make provision for the payment of, such pensions or |
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gratuities to or in respect of him, |
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| as may be provided for under the terms of his appointment. |
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(2) | The Assembly must pay to or in respect of a person who has ceased to hold |
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office as the Commissioner— |
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(a) | such amounts by way of pensions and gratuities, and |
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(b) | such amounts by way of provision for those benefits, |
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| as may have been provided for under the terms of his appointment. |
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(3) | If a person ceases to be the Commissioner and it appears to the Assembly |
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that there are special circumstances which make it right that the person |
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should receive compensation, the Assembly may pay to that person a sum |
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of such amount as it thinks appropriate. |
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Deputy Commissioner and other staff |
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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. |
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(3) | The deputy Commissioner may discharge the functions of the |
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Commissioner during a vacancy in the office of Commissioner or at any time |
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when the Commissioner is for any reason unable to act. |
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(4) | At any time when the deputy Commissioner has power to act under sub- |
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paragraph (3), any property or rights vested in the Commissioner may be |
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dealt with by the deputy Commissioner as if vested in him. |
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(5) | The Commissioner may appoint such other staff as he thinks necessary for |
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assisting him in the discharge of his functions. |
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5 | A function of the Commissioner may be discharged on his behalf by any |
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person including any member of his staff, to the extent authorised by the |
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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)— |
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(a) | in the list of “Other Bodies”, at the end insert “Employment as a |
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member of staff of the Commissioner for Older People in Wales”; |
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(b) | in the list of “Offices”, at the appropriate place insert “Commissioner |
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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 |
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he may direct, such sums as he may determine in respect of any increase |
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attributable to sub-paragraph (1) in the sums payable out of money |
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provided by Parliament under the Superannuation Act 1972. |
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7 | The Assembly may make payments to the Commissioner of such amounts, |
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at such times and on such conditions (if any) as it thinks appropriate. |
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8 (1) | Regulations may make provision about the making by the Commissioner of |
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periodic or other reports to the Assembly relating to the discharge of his |
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(2) | The regulations may in particular— |
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(a) | specify the contents of a report and the persons to whom copies of a |
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(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 |
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(a) | mention the name of any person, or |
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(b) | include any particulars which, in the opinion of the Commissioner, |
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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. |
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(4) | Sub-paragraph (3) does not apply if, after taking account of the interests of |
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any persons he thinks appropriate, the Commissioner considers it to be in |
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the public interest to include that information in the report. |
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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. |
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(2) | The Commissioner must submit the estimate to the Assembly Cabinet at |
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least five months before the beginning of the financial year to which it |
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(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 |
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Assembly with any modifications it thinks appropriate. |
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10 (1) | The Commissioner must— |
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(a) | keep proper accounting records, and |
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(b) | prepare accounts in respect of each financial year in accordance with |
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directions given, with the consent of the Treasury, by the Assembly. |
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(2) | The directions which the Assembly may give under sub-paragraph (1)(b) |
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include, in particular, directions as to— |
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(a) | the information to be contained in the accounts and the manner in |
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which it is to be presented; |
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(b) | the methods and principles in accordance with which the accounts |
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(c) | the additional information (if any) that is to accompany the accounts. |
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(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. |
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11 (1) | The Commissioner is the accounting officer for the office of the |
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(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 |
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(3) | In this paragraph references to responsibilities include in particular— |
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(a) | responsibilities in relation to the signing of accounts, |
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(b) | responsibilities for the propriety and regularity of the finances of the |
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(c) | responsibilities for the economy, efficiency and effectiveness with |
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which the resources of the Commissioner are used. |
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(4) | The responsibilities which may be specified under this paragraph include |
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responsibilities owed to— |
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(a) | the Assembly, the Assembly Cabinet or the Audit Committee, or |
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(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 |
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Accounts, the Audit Committee may— |
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(a) | on behalf of the Committee of Public Accounts take evidence from |
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the accounting officer, and |
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(b) | report to the Committee of Public Accounts and transmit to that |
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Committee any evidence so taken. |
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12 (1) | The accounts prepared by the Commissioner for a financial year must be |
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submitted by him to the Auditor General for Wales no later than 30 |
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November in the following financial year. |
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(2) | The Auditor General for Wales must— |
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(a) | examine, certify and report on each set of accounts submitted to him |
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under this paragraph, and |
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(b) | no later than four months after the accounts are submitted to him, lay |
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before the Assembly a copy of them as certified by him together with |
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(3) | In examining accounts submitted to him under this paragraph, the Auditor |
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General for Wales must, in particular, satisfy himself that the expenditure to |
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which the accounts relate has been incurred lawfully and in accordance with |
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the authority which governs it. |
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Examinations into the use of resources |
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13 (1) | The Auditor General for Wales may carry out examinations into the |
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economy, efficiency and effectiveness with which the Commissioner has |
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used his resources in discharging his functions. |
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(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. |
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(3) | In determining how to discharge his functions under this paragraph, the |
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Auditor General for Wales must take into account the views of the Audit |
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Committee as to the examinations which he should carry out. |
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(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. |
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Examinations by the Comptroller and Auditor General |
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14 (1) | For the purposes of enabling him to carry out examinations into, and report |
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to Parliament on, the finances of the Commissioner, the Comptroller and |
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(a) | has a right of access at all reasonable times to all such documents in |
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the custody of or under the control of the Commissioner, or of the |
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Auditor General for Wales, as he may reasonably require for that |
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(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 |
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which he reasonably thinks necessary for that purpose. |
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(2) | The Comptroller and Auditor General must— |
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(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 |
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| before he acts in reliance on sub-paragraph (1) or carries out an examination |
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in respect of the Commissioner under section 7 of the National Audit Act |
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1983 (c. 44) (economy etc. examinations). |
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15 | A document purporting to be duly executed under the seal of the |
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Commissioner or to be signed by him or on his behalf is to be received in |
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evidence and, unless the contrary is proved, taken to be so executed or |
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16 | In the House of Commons Disqualification Act 1975 (c. 24) in Part 3 of |
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Schedule 1 (certain disqualifying offices), at the appropriate places insert the |
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“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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17 | In the Northern Ireland Assembly Disqualification Act 1975 (c. 25) in Part 3 |
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of Schedule 1 (certain disqualifying offices), at the appropriate places insert |
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“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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18 | In section 6(1) of the Welsh Language Act 1993 (c. 38) (public bodies for the |
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purposes of Part 2 of that Act), after paragraph (n) insert— |
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“(na) | the Commissioner for Older People in Wales;”. |
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19 (1) | Subject to any directions given by the Assembly, the Commissioner may do |
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anything (including acquire or dispose of any property or rights) which is |
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calculated to facilitate, or is conducive or incidental to, the discharge of his |
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(2) | A direction given by the Assembly under sub-paragraph (1) may be |
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amended or revoked by a subsequent such direction. |
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20 | In section 144 of the Government of Wales Act 1998 (c. 38) (accounts, audit |
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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,”. |
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21 | In the Freedom of Information Act 2000 (c. 36)— |
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(a) | in the table in section 76(1) (disclosure of information between |
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Information Commissioner and ombudsmen), at the end insert— |
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(b) | in Part 6 of Schedule 1 (other public bodies: general), at the |
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appropriate place insert “The Commissioner for Older People in |
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22 | Regulations must specify the periods which are to be treated, for the |
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purposes of this Schedule, as the first and subsequent financial years of the |
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Persons whose functions are subject to review under section 3 |
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Local government and fire |
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A county council, county borough council or community council in |
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A joint board the constituent authorities of which are all county or county |
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borough councils in Wales. |
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A fire and rescue authority in Wales constituted by a scheme under |
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section 2 of the Fire and Rescue Services Act 2004 (c. 21) or a scheme to |
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which section 4 of that Act applies. |
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The Care Council for Wales. |
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An NHS trust managing a hospital or other establishment or facility in |
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A Special Health Authority discharging functions in relation to Wales. |
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The Wales Centre for Health. |
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A family health service provider in Wales. |
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An independent provider in Wales. |
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Health Professions Wales or Proffesiynau Iechyd Cymru. |
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National Leadership and Innovations Agency for Healthcare. |
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The National Council for Education and Training for Wales. |
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The Office of Her Majesty’s Chief Inspector of Education and Training in |
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Wales or Prif Arolygydd Ei Mawrhydi dros Addysg a Hyfforddiant |
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The Higher Education Funding Council for Wales. |
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A further education corporation discharging functions in relation to |
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A higher education corporation discharging functions in relation to |
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An institution in Wales falling within section 91(5)(a) of the Further and |
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Higher Education Act 1992 (c. 13). |
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The governing body of a maintained school in Wales at which further |
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The Qualifications, Curriculum and Assessment Authority for Wales. |
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The Arts Council of Wales. |
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The Sports Council for Wales. |
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The National Library of Wales. |
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The National Museums and Galleries of Wales. |
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The Royal Commission on the Ancient and Historical Monuments of |
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A National Park authority for a National Park in Wales. |
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The Countryside Council for Wales. |
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The Forestry Commissioners. |
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The Welsh Development Agency. |
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The Welsh Language Board. |
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An agricultural wages committee for an area wholly in, or consisting of, |
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Persons whose arrangements are subject to review and monitoring under |
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A county council or county borough council in Wales. |
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An NHS trust managing a hospital or other establishment or facility in |
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A Special Health Authority discharging functions in relation to Wales. |
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A family health service provider in Wales. |
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