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Public Services Ombudsman (Wales) Act 2019

Changes over time for: Section 36

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Prospective

36Complaints-handling: statement of principlesE+W

This section has no associated Explanatory Notes

(1)The Ombudsman must publish a statement of principles concerning complaints-handling procedures of listed authorities.

(2)A listed authority must—

(a)have a complaints-handling procedure, and

(b)ensure that any such procedure complies with the statement of principles.

(3)The Ombudsman must lay a draft of the first statement of principles before the Assembly.

(4)If, before the end of the 40 day period, the Assembly resolves not to approve the draft, the Ombudsman must not publish the statement of principles in the form of the draft.

(5)If no such resolution is made before the end of that period, the Ombudsman must publish the statement of principles in the form of the draft.

(6)The 40 day period—

(a)begins on the day on which the draft is laid before the Assembly, and

(b)does not include any time during which the Assembly is dissolved or is in recess for more than four days.

(7)Subsection (4) does not prevent a new draft statement of principles from being laid before the Assembly.

(8)Before laying a draft statement of principles before the Assembly, the Ombudsman must consult—

(a)the Welsh Ministers, and

(b)such listed authorities and other persons as the Ombudsman thinks appropriate.

(9)The Ombudsman must, in preparing the draft statement of principles to be laid before the Assembly, have regard to any representations made during the consultation mentioned in subsection (8).

(10)The statement of principles comes into force when it is published by the Ombudsman.

(11)The Ombudsman may from time to time revise and re-publish the statement of principles.

(12)If, in the opinion of the Ombudsman, revisions made under subsection (11) effect any material change to the statement of principles, the Ombudsman must lay a draft of those revisions before the Assembly.

(13)Subsections (4) to (10) apply to draft revisions laid before the Assembly under subsection (12) as they apply to the first statement of principles.

(14)In this section and sections 37 to 40, “complaints-handling procedures” means procedures of listed authorities which examine complaints or review decisions in respect of action taken by a listed authority where the matter in question is one the Ombudsman is entitled to investigate under Part 3.

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