Office of Public Sector Information
(2) Where the Commissioner considers it appropriate, he must—
(a) inform the Ombudsman about the case; and
(b) consult him in relation to it.
(3) Where the Commissioner consults the Ombudsman under this section he and the Ombudsman may—
(a) co-operate with each other in relation to the case;
(b) conduct a joint examination of the case;
(c) prepare and publish a joint report in relation to the examination.
(4) The Assembly may by order provide that this section is also to apply where it appears to the Commissioner that a case could be the subject of an investigation by a person who is specified in the order as if references in this section to the Public Services Ombudsman for Wales were references to that person.
(5) Before making an order under subsection (4), the Assembly must consult the Commissioner and any other persons it thinks appropriate.
(1) This section applies where it appears to the Commissioner that a case which he is—
(a) examining in accordance with regulations made under section 10, or
(b) considering whether to examine in accordance with such regulations,
relates to or raises a matter which could be the subject of an investigation by another ombudsman (the “connected matter”).
(2) Where the Commissioner considers it appropriate, he must inform the other ombudsman about the connected matter.
(3) Where the Commissioner considers that the case also relates to or raises a matter which he is entitled to examine himself (the “older people matter”), he must also if he considers it appropriate—
(a) inform the other ombudsman about the Commissioner’s proposals for the investigation of the case; and
(b) consult the other ombudsman about those proposals.
(4) Where the Commissioner and the other ombudsman consider that they are entitled to investigate, respectively, the older people matter and the connected matter they may—
(a) co-operate with each other in the separate investigation of each of those matters;
(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 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,
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 of the connected matter to the other ombudsman.
(6) In this section “other ombudsman” means—
(a) the Public Services Ombudsman for Wales;
(b) the Children’s Commissioner for Wales.
(7) In this section “investigation” includes examination and inquiry, and cognate expressions are to be construed accordingly.
(8) The Assembly may by order amend subsection (6) by—
(a) adding a person;
(b) omitting a person;
(c) changing the description of a person.
(9) Before making an order under subsection (8), the Assembly must consult the Commissioner and any other persons it thinks appropriate.
(1) This section applies to—
(a) information obtained by the Commissioner in the discharge of any of his functions;
(b) information obtained by the Commissioner from the Public Services Ombudsman for Wales by virtue of section 25A of the Public Services Ombudsman (Wales) Act 2005 (c. 10) (working jointly with the Commissioner for Older People in Wales);
(c) information obtained by the Commissioner from another ombudsman by virtue of any provision in an enactment relating to that ombudsman which corresponds to any provision of section 17;
(d) information obtained by the Commissioner from the Information Commissioner by virtue of section 76 of the Freedom of Information Act 2000 (c. 36) (disclosure between Information Commissioner and ombudsmen).
(2) Information to which this section applies must not be disclosed except where its disclosure is authorised by subsection (3).
(3) The Commissioner may disclose information to which this section applies—
(a) for the purpose of the discharge of any of his functions;
(b) if he is satisfied that the condition in subsection (4) is met and the disclosure is to a permitted person;
(c) for the purpose of proceedings for an offence of perjury alleged to have been committed in the course of an examination by the Commissioner under regulations made under section 10;
(d) for the purpose of an inquiry with a view to the taking of proceedings mentioned in paragraph (c);
(e) for the purpose of proceedings under section 11;
(f) if the information is to the effect that a person is likely to constitute a threat to the health or safety of one or more persons and the disclosure is to a person to whom the Commissioner thinks it should be disclosed in the public interest;
(g) if the information is information to which subsection (6) applies and the disclosure is to the Information Commissioner;
(h) if the information was obtained by the Commissioner more than 70 years before the date of the disclosure and the disclosure is to a person to whom the Commissioner thinks it should be disclosed in the public interest.
(4) The condition is that the disclosure is—
(a) appropriate for the purpose of the discharge by the permitted person of any of his functions; and
(b) in the public interest.
(5) In determining for the purpose of this section whether disclosure of information is in the public interest, the Commissioner must take into account the interests of—
(a) any person to whom the information relates; and
(b) such other persons he thinks appropriate.
(6) This subsection applies to information if it appears to the Commissioner to relate to—
(a) a matter in respect of which the Information Commissioner could exercise a power conferred by an enactment mentioned in subsection (7); or
(b) the commission of an offence mentioned in subsection (8).
(7) The enactments are—
(a) Part 5 of the Data Protection Act 1998 (c. 29) (enforcement);
(b) section 48 of the Freedom of Information Act 2000 (c. 36) (practice recommendations); and
(c) Part 4 of that Act (enforcement).
(8) The offences are those under—
(a) any provision of the Data Protection Act 1998 other than paragraph 12 of Schedule 9 to that Act (obstruction of execution of a warrant); or
(b) section 77 of the Freedom of Information Act 2000 (offence of altering etc. records with intent to prevent disclosure).
(9) In this section—
“other ombudsman” has the same meaning as in section 17;
“permitted person” means—
the Assembly;
the Public Services Ombudsman for Wales;
the Children’s Commissioner for Wales;
the Children’s Commissioner;
the Commissioner for Children and Young People for Northern Ireland;
a housing ombudsman appointed in accordance with a scheme approved under section 51 of the Housing Act 1996 (c. 52);
a council for a county or county borough in Wales;
a council for a county or district in England;
a council for a London borough;
a chief of police of a police force for a police area;
the chief constable of the British Transport Police Force.
(10) The Assembly may by order amend the definition of “permitted person” in subsection (9) by—
(a) adding a person;
(b) omitting a person;
(c) changing a description of a person.
(1) For the purposes of the law of defamation, the following are absolutely privileged—
(a) the publication of a matter by the Commissioner in a report made under regulations made under section 15 or paragraph 8 of Schedule 1;
(b) the publication in communications between the Commissioner and the Public Services Ombudsman for Wales or another ombudsman of a matter which the Commissioner is permitted to disclose to that ombudsman by virtue of subsection (3)(a) of section 18;
(c) the publication in communications from the Commissioner to a person mentioned in subsection (3) of a matter in connection with an examination by the Commissioner into a case under regulations made under section 10.
(2) For the purposes of the law of defamation, the publication in communications from a person mentioned in subsection (3) to the Commissioner of a matter in connection with an examination by the Commissioner into a case under regulations made under section 10 has qualified privilege.
(3) The persons referred to in subsections (1)(c) and (2) are—
(a) the person whose case is being examined;
(b) a person whose conduct is the subject of the examination;
(c) a person with whom the Commissioner is communicating for the purpose of obtaining information about the case; and
(d) a person acting on behalf of a person falling within paragraphs (a) to (c).
(4) In this section “other ombudsman” has the same meaning as in section 17.
(1) The Commissioner must establish a procedure for the investigation of complaints made in respect of his actions or omissions relating to the discharge of his functions.
(2) The procedure established under subsection (1) must include provision about—
(a) how a complaint may be made;
(b) the person to whom a complaint may be made;
(c) the period within which consideration of a complaint must begin and should be concluded; and
(d) action that the Commissioner must consider taking in response to a complaint.
(3) The Commissioner may amend the procedure established under subsection (1) from time to time.
(4) Before establishing or amending the procedure under subsection (1) the Commissioner must consult the Assembly and obtain its approval.
(5) After establishing or amending the procedure under subsection (1) the Commissioner must send a document setting out the procedure to the Assembly.
(1) This Act does not authorise or require the Commissioner to discharge a function in relation to a matter to the extent that the matter is the subject of legal proceedings before, or has been determined by, a court or tribunal.
(2) This Act does not authorise or require the Commissioner to discharge a prescribed function which by virtue of an enactment is also dischargeable by a prescribed person.
Schedule 4 (which makes minor and consequential amendments relating to other ombudsman with whom the Commissioner may work) has effect.
The preceding provisions of this Act come into force in accordance with provision made by the Assembly by order.
(1) This section applies for the purposes of this Act.
(2) “Older person” means a person aged 60 or over.
(3) “Older person in Wales” means an older person—
(a) who is ordinarily resident in Wales,
(b) to or in respect of whom regulated services in Wales are provided, or
(c) to or in respect of whom relevant services (within the meaning of section 6(4)) are provided by or on behalf of, or under arrangements with, a person mentioned in Schedule 3.
In considering, for the purposes of this Act, what constitutes the interests of older people in Wales, the Commissioner must have regard to the United Nations Principles for Older Persons adopted by the General Assembly of the United Nations on 16 December 1991.
(1) This section applies for the purposes of this Act.
(2) “Regulated services in Wales” means services which are provided in Wales by or in a regulated establishment or agency.
(3) An establishment or agency is a regulated establishment or agency if the person carrying it on or managing it is required to be registered in respect of it under Part 2 of the Care Standards Act 2000 (c. 14).
(4) The services provided by or in a regulated establishment or agency are to be treated as provided by the person who carries it on.
(1) In this Act—
“the Assembly” means the National Assembly for Wales;
“Assembly Cabinet” means the committee of the Assembly established under section 56(1) of the Government of Wales Act 1998 (c. 38);
“the Commissioner” has the meaning given by section 1;
“enactment” includes an enactment contained in an Act passed in the Session in which this Act is passed or in a later Session;
“family health service provider in Wales” means—
a person who provides services under a contract entered into by that person with a Local Health Board under section 28K or 28Q of the National Health Service Act 1977 (c. 49);
a person who has undertaken to provide in Wales general ophthalmic services or pharmaceutical services under Part 2 of that Act;
an individual who provides in Wales primary medical or dental services in accordance with arrangements made under section 28C of that Act (except as an employee of, or otherwise on behalf of, a Welsh health service body or an independent provider in Wales);
an individual who has undertaken to provide in Wales general dental services under Part 2 of that Act;
“family health services” means services provided in Wales which are mentioned in any of paragraphs (a) to (d) of the definition of “family health service provider in Wales”;
“further education” has the meaning given in section 2(3) to (5) of the Education Act 1996 (c. 56);
“further education corporation” has the meaning given in section 17(1) of the Further and Higher Education Act 1992 (c. 13);
“higher education corporation” has the meaning given in section 90(1) of the Further and Higher Education Act 1992;
“independent provider in Wales” means a person who—
provides services of any kind in Wales under arrangements with a Welsh health service body or a family health service provider in Wales, and
is not a Welsh health service body or a family health service provider in Wales;
“independently provided services” means services provided in Wales which are mentioned in paragraph (a) of the definition of “independent provider in Wales”;
“maintained school” has the meaning given in section 20(7) of the School Standards and Framework Act 1998 (c. 31);
“NHS trust” has the same meaning as in the National Health Service Act 1977 (c. 49);
“prescribed” means prescribed in regulations;
“regulations” means regulations made by the Assembly;
“Welsh health service body” means—
the Assembly, to the extent that it discharges functions in relation to the National Health Service;
a Local Health Board;
an NHS trust managing a hospital or other establishment or facility in Wales;
a Special Health Authority discharging functions in relation to Wales.
(2) The Assembly may by order amend the definitions of “family health service provider in Wales” and “independent provider in Wales”.
(3) Before making an order under subsection (2), the Assembly must consult such persons as it thinks appropriate.
(4) Section 13 of the National Audit Act 1983 (c. 44) (interpretation of references to the Committee of Public Accounts) applies for the purposes of this Act as it applies for the purposes of that Act.
(1) A power of the Assembly to make an order or regulations under this Act is exercisable by statutory instrument.
(2) An order or regulations made by the Assembly under this Act may—
(a) make different provision for different purposes;
(b) make consequential, incidental, supplemental, transitory, transitional or saving provision.
(3) The power to make consequential, incidental and supplemental provision in connection with—
(a) an order under section 16(4) specifying a person for the purposes of that section or providing for a person to cease to be specified for those purposes, or
(b) an order under section 17(8) adding a person to the list of other ombudsman in that section or omitting a person from that list,
includes power to make consequential, incidental and supplemental amendments or repeals in any enactment relating to that person or to his functions.
(4) But the following consents are required for the making of an order by the Assembly which (whether by virtue of subsection (3) or otherwise) confers functions on a person other than the Commissioner or modifies the functions of such a person—
(a) if the functions relate wholly or partly to a transferred matter, the consent of a Northern Ireland department; and
(b) if the functions relate wholly or partly to a matter which (without being a transferred matter) is a matter in respect of which the Assembly has no functions, the consent of the Secretary of State.
(5) In this section “transferred matter” means a transferred matter within the meaning of section 4(1) of the Northern Ireland Act 1998 (c. 47).
(6) An order made by the Assembly under this Act is, and regulations made by the Assembly under this Act are, to be regarded as Assembly general subordinate legislation for the purposes of the Government of Wales Act 1998 (c. 38).
(1) Subject to subsections (2) and (3), this Act extends to England and Wales only.
(2) Section 28 also extends to Northern Ireland.
(3) An amendment or repeal made by this Act has the same extent as the provision amended or repealed.
This Act may be cited as the Commissioner for Older People (Wales) Act 2006.
Commissioner for Older People (Wales) Act 2006