Public Services Ombudsman (Wales) Act 2019

45 Criteria for own initiative investigations

(1) The Ombudsman must publish criteria to be used in determining whether to begin an investigation under section 44.

(2) The Ombudsman must lay a draft of the first criteria before the Assembly.

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

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

(5) 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.

(6) Subsection (3) does not prevent new draft criteria from being laid before the Assembly.

(7) Before laying the draft criteria before the Assembly, the Ombudsman must consult—

(a) the Welsh Ministers,

(b) the listed authorities in Schedule 3, and

(c) such other persons as the Ombudsman thinks appropriate.

(8) The Ombudsman must, in preparing the draft criteria to be laid before the Assembly, have regard to any representations made during the consultation mentioned in subsection (7).

(9) The criteria come into force when they are published by the Ombudsman.

(10) The Ombudsman may from time to time revise and re-publish the criteria.

(11) If, in the opinion of the Ombudsman, revisions made under subsection (10) effect any material change to the criteria, the Ombudsman must lay a draft of those revisions before the Assembly.

(12) Subsections (3) to (9) apply to draft revisions laid before the Assembly under subsection (11) as they apply to the first criteria.

(13) The Welsh Ministers may by regulations amend criteria published by the Ombudsman under this section by adding criteria, removing criteria or changing the criteria.

(14) Where the Welsh Ministers make regulations under subsection (13), the Ombudsman must publish the criteria, as amended by the regulations, on the day the regulations come into force.

(15) Before making regulations under subsection (13), the Welsh Ministers must consult—

(a) the Ombudsman,

(b) the listed authorities in Schedule 3, and

(c) such other persons as the Welsh Ministers think appropriate.

(16) No regulations are to be made under subsection (13) unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, the Assembly.