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Consultation and co-operationE+W

65Consultation and co-operation with other ombudsmenE+W

(1)This section applies if, in making a decision under section 3(5), 4(3)(a), 43(8), 44(4)(a) or in conducting an investigation under Part 3 or 5, the Ombudsman forms the opinion that a matter which is the subject of the complaint or investigation could be the subject of an investigation by an ombudsman mentioned in subsection (7).

(2)The Ombudsman must consult that ombudsman about the matter.

(3)The Ombudsman may co-operate with that ombudsman in relation to the matter.

(4)Consultation under subsection (2), and co-operation under subsection (3), may extend to anything relating to a matter which is the subject of the complaint or investigation, including (among other things)—

(a)the conduct of an investigation into the complaint, and

(b)the form, content and publication of a report of the investigation.

(5)If the Ombudsman consults an ombudsman about a matter under subsection (2), the Ombudsman and that ombudsman may—

(a)conduct a joint investigation into the matter,

(b)prepare a joint report in relation to the investigation, and

(c)publish the joint report.

(6)Subsection (5) does not apply if the ombudsman consulted under subsection (2) is the Scottish Public Services Ombudsman.

(7)The ombudsmen referred to in subsection (1) are—

(a)the Parliamentary Commissioner for Administration;

(b)the Health Service Commissioner for England;

(c)a Local Commissioner;

(d)the Scottish Public Services Ombudsman;

(e)a housing ombudsman appointed in accordance with a scheme approved under section 51 of the Housing Act 1996 (c.52).

(8)The Welsh Ministers may by regulations amend subsection (7) by—

(a)adding a person,

(b)omitting a person, or

(c)changing the description of a person.

(9)Regulations under subsection (8) may add a person to subsection (7) only if the person appears to the Welsh Ministers to have functions relating to the investigation of complaints.

(10)No regulations are to be made under subsection (8) unless a draft of the statutory instrument containing them has been laid before and approved by a resolution of the Assembly.

Commencement Information

I1S. 65 in force at 23.7.2019 by S.I. 2019/1096, reg. 2