Commissioner for Older People (Wales) Bill [HL]

House of Commons

Session 2005 - 06
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Other Bills before Parliament

Commissioner for Older People (Wales) Bill [HL]

Commissioner for Older People (Wales) Bill [HL]
Schedule 4 — Minor and consequential amendments
25

An independent provider in Wales.
Education and training
The National Council for Education and Training for Wales.
A further education corporation discharging functions in relation to
Wales.
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A higher education corporation discharging functions in relation to
Wales.
An institution in Wales falling within section 91(5)(a) of the Further and
Higher Education Act 1992 (c. 13).
The governing body of a maintained school in Wales at which further
10
education is provided.
Schedule 4
Section 22

Minor and consequential amendments
Care Standards Act 2000 (c. 14)
1     (1)
The Care Standards Act 2000 is amended as follows.
15
      (2)
After section 75 (obstruction etc) insert—
“75ZA
  Working with the Commissioner for Older People in Wales
(1)
This section applies where it appears to the Commissioner that a case
which he is—
(a)
examining in accordance with regulations made under
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section 74, or
(b)
considering whether to examine in accordance with such
regulations,

relates to or raises a matter which could be the subject of an
examination by the Commissioner for Older People in Wales (the
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‘connected matter’).
(2)
Where the Commissioner considers it appropriate, he must inform
the Commissioner for Older People in Wales about the connected
matter.
(3)
Where the Commissioner considers that the case also relates to or
30
raises a matter which he is entitled to examine himself (‘the children
matter’), he must also if he considers it appropriate—
(a)
inform the Commissioner for Older People in Wales about
the Commissioner’s proposals for the examination of the
case; and
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(b)
consult the Commissioner for Older People in Wales about
those proposals.
(4)
Where the Commissioner and the Commissioner for Older People in
Wales consider that they are entitled to examine, respectively, the
children matter and the connected matter they may—
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Commissioner for Older People (Wales) Bill [HL]
Schedule 4 — Minor and consequential amendments
26

(a)
co-operate with each other in the separate examination of
each of those matters;
(b)
act together in the examination of those matters; and
(c)
prepare and publish a joint report containing their respective
conclusions in relation to the matters they have each
5
examined.
(5)
Where the Commissioner considers—
(a)
that the case is not one which relates to or raises a matter that
he is entitled to examine himself, and
(b)
that it is appropriate to do so,
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he must inform the person whose case it is, or another person
interested in it that he thinks fit, about how to secure the referral to
the Commissioner for Older People in Wales of the connected
matter.”
      (3)
In section 76 (further functions) in subsection (5), after “in particular” insert
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“(a)” and at the end insert—
“(b)
provide that the Commissioner may make a joint report with
the Commissioner for Older People in Wales where they
have discharged their respective functions under this Act and
the Commissioner for Older People (Wales) Act 2006 in
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relation to the same matters.”
Public Services Ombudsman (Wales) Act 2005 (c. 10)
2     (1)
The Public Services Ombudsman (Wales) Act 2005 is amended as follows.
      (2)
After section 25 (consultation and co-operation with other ombudsmen)
insert—
25
“25A
Working jointly with the Commissioner for Older People in Wales
(1)
This section applies where it appears to the Ombudsman that—
(a)
there is a complaint in respect of a matter which he is entitled
to investigate; and
(b)
the matter is one which could also be the subject of an
30
examination by the Commissioner for Older People in Wales
(the ‘Commissioner’).
(2)
Where the Ombudsman considers it appropriate, he must—
(a)
inform the Commissioner about the matter; and
(b)
consult him in relation to it.
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(3)
Where the Ombudsman consults the Commissioner under this
section, he and the Commissioner may—
(a)
co-operate with each other in relation to the matter;
(b)
conduct a joint investigation into the matter;
(c)
prepare and publish a joint report in relation to the
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investigation.

Commissioner for Older People (Wales) Bill [HL]
Schedule 4 — Minor and consequential amendments
27

25B
Working collaboratively with the Commissioner for Older People in
Wales
(1)
This section applies where it appears to the Ombudsman that a
complaint relates to or raises a matter which could be the subject of
an examination by the Commissioner (the ‘connected matter’).
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(2)
Where the Ombudsman considers it appropriate, he must inform the
Commissioner about the connected matter.
(3)
Where the Ombudsman considers that the complaint also relates to
or raises a matter into which he is entitled to conduct an investigation
himself (‘the ombudsman matter’), he must also if he considers it
10
appropriate—
(a)
inform the Commissioner about the Ombudsman’s
proposals for conducting an investigation into the complaint;
and
(b)
consult the Commissioner about those proposals.
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(4)
Where the Ombudsman and the Commissioner consider that they
are entitled to investigate, respectively, the ombudsman matter and
the connected matter they may—
(a)
co-operate with each other in the separate investigation of
each of those matters;
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(b)
act together in the investigation of those matters; and
(c)
prepare and publish a joint report containing their respective
conclusions in relation to the matters they have each
investigated.
(5)
Where the Ombudsman considers—
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(a)
that the complaint does not relate to or raise a matter into
which he is entitled to conduct an investigation himself, and
(b)
that it is appropriate to do so,

he must inform the person who initiated the complaint about how to
secure the referral of the connected matter to the Commissioner.
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(6)
In this section ‘Commissioner’ has the meaning given in section
25A.”
      (3)
In section 26 (disclosure of information)—
(a)
in subsection (1) after paragraph (b) insert—
“(ba)
information obtained from the Commissioner for
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Older People in Wales by virtue of any provision of
section 25A or 25B of this Act or section 16 or 17 of the
Commissioner for Older People (Wales) Act 2006;”
(b)
in subsection (2)(e) after “section 25” insert “, 25A or 25B”.
      (4)
In section 41 (interpretation), for the definition of “investigation”
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substitute—
“‘investigation’—
(a)
in relation to the Ombudsman, means an
investigation under section 2 (and cognate
expressions must be construed accordingly);
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Commissioner for Older People (Wales) Bill [HL]
Schedule 4 — Minor and consequential amendments
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(b)
in relation to another ombudsman or commissioner,
includes an examination (and cognate expressions
must be construed accordingly;)”.