Public Services Ombudsman (Wales) Act 2019

37 Model complaints-handling procedures E+W

(1) The Ombudsman may publish model complaints-handling procedures for listed authorities.

(2) A model complaints-handling procedure (referred to in this Act as a “model CHP”) must comply with the statement of principles.

(3) The Ombudsman may publish different model CHPs for different purposes.

(4) Before publishing a model CHP the Ombudsman must consult such listed authorities or groups of listed authorities as the Ombudsman thinks fit.

(5) A model CHP may not, in its application to a listed authority—

(a) impose a duty on the listed authority if the listed authority lacks the necessary powers (other than by virtue of this Act) to ensure compliance with the duty;

(b) be inconsistent with any enactment (including any code, guidance, scheme or other document made under any enactment) that applies to the listed authority.

(6) The Ombudsman may from time to time revise and re-publish any model CHP; and in doing so—

(a) subsection (5) applies, and

(b) before re-publishing any model CHP, the Ombudsman must notify such listed authorities or groups of listed authorities as the Ombudsman thinks fit of any revisions to the model CHP.

(7) Where a model CHP is revised and re-published by virtue of subsection (6), section 38 has effect with the following modifications—

(a) any specification under subsection (1) of that section in relation to the model CHP continues in effect as a specification in relation to the revised and re-published model CHP,

(b) any other reference to a model CHP is to the model CHP as revised and re-published, and

(c) in subsection (3) of that section, reference to receiving notice of the specification under subsection (1) of that section is a reference to receiving notice of the revision under subsection (6)(b) of this section.

(8) The Ombudsman may withdraw any model CHP at any time.

(9) Where the Ombudsman withdraws a model CHP under subsection (8)—

(a) the Ombudsman must, before withdrawing the model CHP, notify each listed authority to which the model CHP is relevant that the model CHP will be withdrawn and when the withdrawal will happen, and

(b) on the day the model CHP is withdrawn—

(i) any specification under section 38(1) in relation to the withdrawn model CHP ceases to have effect, and

(ii) the duty in section 38(3) ceases to apply to a listed authority notified under subsection (9)(a), in so far as the duty arises in relation to the withdrawn model CHP.

Commencement Information

I1 S. 37 in force at 23.7.2019 by S.I. 2019/1096, reg. 2