General
Section 39: Amendments and repeals
108.This section introduces Schedules 6 (consequential amendments) and 7 (repeals).
Section 40: Commencement
109.Sections 40 to 46 will come into force on Royal Assent. The other provisions of the Act will come into force in accordance with provision made by the Assembly by order.
Section 41: Interpretation
110.This section defines terms used in the Act. In particular section 41(6) enables the Ombudsman, for example, to investigate action taken on behalf of a listed authority in the same way as he/she can investigate action by the listed authority itself.
Section 42: Former health care providers and social landlords: modifications
111.This section confers power on the Assembly to make regulations modifying the application of the Act in respect of complaints made against former family health service providers in Wales, former independent providers in Wales and former social landlords in Wales. This will give the Assembly power to modify appropriately the application of the Act where a complaint is made against a person who was at the time of the action complained of a family health service provider in Wales, an independent provider in Wales or a social landlord in Wales but subsequently ceased to be such a listed authority. For example, it will enable the Assembly to modify sections 16 (reports of investigations); 17 (as it relates to publicising reports: health care providers); and section 19 (action following receipt of a report) in such cases.
Section 43: Consequential, transitional provisions etc.
112.This section empowers the Assembly by order to make consequential, incidental, supplementary, transitional, saving etc. provision in consequence of the Act. In particular, section 43(2) empowers the Assembly to amend, repeal or revoke any enactment (other than one contained in an Act passed in a session after that in which this Act was passed) for such purpose.
Section 44: Orders, regulations and directions
113.This section contains provision applicable to any power in the Act to make orders or regulations or to issue directions. Section 44(1) provides that the Assembly’s powers under the Act to make orders or regulations are to be exercisable by statutory instrument. Section 44(3) provides that such orders and regulations are to be regarded as Assembly general subordinate legislation. Therefore, such orders and regulations will be subject to the Assembly’s subordinate legislation procedures.
Section 45: Extent
114.The Act generally extends to England and Wales, although in practice the effect of its application is largely confined to Wales. The Act also extends to Scotland and Northern Ireland but this is only in respect of amendments and repeals to legislation having effect also in those countries.
