Public Services Ombudsman (Wales) Act 2005 (c. 10)

SCHEDULES

SCHEDULE 6 E+W Consequential amendments

Health Service Commissioners Act 1993 (c. 46) E+W

27 E+W The Health Service Commissioners Act 1993 is amended as follows.

28 E+W In the heading before section 1, for “Commissioners” substitute “ Commissioner ”.

29 E+W For the heading to section 1, substitute “ The Commissioner ”.

30 (1) Section 1 is amended as follows. E+W

(2) In subsection (1), omit paragraph (b).

(3) In subsection (2)—

(a) for “a Commissioner” substitute “ the Commissioner ”;

(b) for “any of the Commissioners” substitute “ the Health Service Commissioner for England ”.

(4) In subsection (3), omit the words from “for England” to the end.

31 (1) Section 2 (the bodies subject to investigation) is amended as follows. E+W

(2) In subsection (1), for “the Health Service Commissioner for England” substitute “ the Commissioner ”.

(3) Omit subsection (2).

(4) For subsection (6) substitute—

“(6) A designation made for the purposes of subsection (5)(b) shall be made by Order in Council; and a statutory instrument containing an Order in Council made by virtue of this subsection shall be subject to annulment in pursuance of a resolution of either House of Parliament.”.

32 (1) Section 2A (health service providers subject to investigation) is amended as follows. E+W

(2) In subsection (1), for “the Health Service Commissioner for England” substitute “ the Commissioner ”.

(3) Omit subsection (2).

(4) In subsection (4), for “subsection (1) or (2)” substitute “ subsection (1) ”.

33 (1) Section 2B (independent providers subject to investigation) is amended as follows. E+W

(2) In subsection (1), for “the Health Service Commissioner for England” substitute “ the Commissioner ”.

(3) Omit subsections (2) and (2A).

(4) In subsection (4), for “subsection (1)(a) or (2)(a)” substitute “ subsection (1)(a) ”.

(5) In subsection (5), for “subsection (1) or (2)” substitute “ subsection (1) ”.

34 E+W In the heading to section 3, for “Commissioners” substitute “ Commissioner ”.

35 (1) Section 3 is amended as follows. E+W

(2) In subsections (1), (1A), (1C), (1E), (2), (3), (4), (5) and (6), for “a Commissioner” substitute “ the Commissioner ”.

(3) Omit subsection (1YA).

36 (1) Section 4 (availability of other remedy) is amended as follows. E+W

(2) In subsections (1) and (2), for “A Commissioner” substitute “ The Commissioner ”.

(3) In subsection (5), for “a Commissioner” substitute “ the Commissioner ”.

37 E+W In section 6 (general health services and service committees) in subsections (3) and (5)—

(a) for “A Commissioner” substitute “ The Commissioner ”;

(b) omit “or Health Authority”.

38 (1) Section 7 (personnel, contracts etc.) is amended as follows. E+W

(2) In subsection (1)—

(a)  for “A Commissioner” substitute “ The Commissioner ”;

(b) omit “or service as a member of the staff of the Assembly”.

(3) In subsection (2), for “A Commissioner” substitute “ The Commissioner ”.

(4) In subsection (3), for “the Health Service Commissioners for England and for Wales” substitute “ the Commissioner ”.

(5) In subsection (3A), for “A Commissioner” substitute “ The Commissioner ”.

(6) In subsections (3B) and (4), for “a Commissioner” substitute “ the Commissioner ”.

39 (1) Section 9 (requirements to be complied with) is amended as follows. E+W

(2) In subsection (1), for “a Commissioner” substitute “ the Commissioner ”.

(3) In subsection (4A), for “section 2A(1) or (2)” substitute “ section 2A(1) ”.

(4) In subsection (4B), for “section 2B(1) or (2)” substitute “ section 2B(1) ”.

40 (1) Section 10 (referral of complaint by health service body) is amended as follows. E+W

(2) In subsections (1), (4) and (5), for “a Commissioner” substitute “ the Commissioner ”.

(3) Omit subsection (2A).

41 (1) Section 11 (procedure in respect of investigations) is amended as follows. E+W

(2) In subsections (1), (1A), (1B), and (1C), for “a Commissioner” substitute “ the Commissioner ”.

(3) In subsection (4)—

(a) for “A Commissioner” substitute “ The Commissioner ”;

(b) for “the Health Service Commissioner for England” substitute “ the Commissioner ”;

(c) omit the words from “and payments made by the Health Service Commissioner for Wales” to the end.

42 E+W In section 12 (evidence) in subsections (1), (1A) and (2), for “a Commissioner” substitute “ the Commissioner ”.

43 E+W In section 13 (obstruction and contempt), in subsection (1), for “A Commissioner” substitute “ The Commissioner ”.

44 E+W For the heading to section 14 substitute “ Reports by the Commissioner ”.

45 (1) Section 14 is amended as follows. E+W

(2) In subsections (1), (2), (2A), (2B), (2C), (2D), (2E), (2F), (3) and (5), for “the Health Service Commissioner for England” substitute “ the Commissioner ”.

(3) In subsection (4), for “The Health Service Commissioner for England” substitute “ The Commissioner ”.

46 E+W Omit sections 14A to 14C (reports by the Welsh Commissioner).

47 (1) Section 15 (confidentiality of information) is amended as follows. E+W

(2) In subsection (1), for each occurrence of “a Commissioner” substitute “ the Commissioner ”.

(3) In subsections (1A), (1C) and (2), for “a Commissioner” substitute “ the Commissioner ”.

(4) In subsection (3)—

(a) for “a Commissioner's” substitute “ the Commissioner's ”;

(b) omit “or paragraph 6(6) of Schedule 1A”.

48 E+W In section 16 (information prejudicial to the safety of the State) in subsections (1) and (2), for “a Commissioner” substitute “ the Commissioner ”.

49 (1) Section 17 (use of information by Commissioner in other capacity) is amended as follows. E+W

(2) In subsection (1)—

(a) for “a Commissioner” substitute “ the Commissioner ”;

(b) omit the words from “any of the other offices” to “Welsh Administration Ombudsman or”.

(3) Omit subsection (3).

50 (1) Section 18 (consultation during investigations) is amended as follows. E+W

(2) In subsection (1)—

(a) for “a Commissioner” substitute “ the Commissioner ”;

(b) omit paragraph (a);

(c) for paragraph (ba) substitute—

“(ba) by the Public Services Ombudsman for Wales under the Public Services Ombudsman (Wales) Act 2005,”;

(d) omit paragraph (e) and the word “or” immediately preceding it.

(3) In subsection (2)—

(a) for “a Commissioner” substitute “ the Commissioner ”;

(b) for “the Ombudsman” substitute “ the Public Services Ombudsman for Wales ”.

51 E+W In section 18A (disclosure of information to Information Commissioner) in subsection (1) for “The Health Service Commissioner for England or the Health Service Commissioner for Wales” substitute “ The Health Service Commissioner ”.

52 (1) Section 19 (interpretation) is amended as follows. E+W

(2) Omit the definitions of “financial year” and “first financial year of the Assembly”.

(3) In the definition of “officer” omit “and, in the case of the Health Service Commissioner for Wales, any member of his staff”.

53 (1) Schedule 1 is amended as follows. E+W

(2) Omit paragraph A1.

(3) In the heading before paragraph 1, for “Commissioners” substitute “ Commissioner ”.

(4) In paragraph 1(1) and (2), for “a Commissioner” substitute “ the Commissioner ”.

(5) In paragraph 3—

(a) in sub-paragraph (1), for “a Commissioner” substitute “ the Commissioner ”;

(b) in sub-paragraph (2), for “section 2(1) or (2)” substitute “ section 2(1) ”.

(6) In paragraph 3A—

(a) in sub-paragraph (1), for “a Commissioner” substitute “ the Commissioner ”;

(b) in sub-paragraph (2), for “section 2A(1) or (2)” substitute “ section 2A(1) ”.

(7) In paragraphs 4, 5 and 7, for “a Commissioner” substitute “ the Commissioner ”.

(8) In paragraph 11(1), for “A Commissioner” substitute “ The Commissioner ”.

(9) In paragraph 12—

(a) for “a Commissioner” substitute “ the Commissioner ”;

(b) for “the Health Service Commissioner for Wales, the Parliamentary Commissioner or the Welsh Administration Ombudsman” substitute “ the Parliamentary Commissioner or the Public Services Ombudsman for Wales ”.

(10) In paragraph 13—

(a) in sub-paragraph (1), for “a Commissioner” substitute “ the Commissioner ”;

(b) in sub-paragraph (2), for “A Commissioner” substitute “ The Commissioner ”.

(11) In paragraph 14, for “a Commissioner” substitute “ the Commissioner ”.

54 E+W Omit Schedule 1A (the Welsh Commissioner).