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Public Services Ombudsman (Wales) Act 2005

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Commencement Orders bringing legislation that affects this Act into force:

Consultation and co-operationE+W

25Consultation and co-operation with other ombudsmenE+W

Explanatory NotesShow EN

(1)This section applies if, in making a decision under section 2(5) or conducting an investigation, the Ombudsman forms the opinion that any 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 any matter the subject of the complaint or investigation, including in particular—

(a)the conduct of an investigation into the complaint;

(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;

(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);

(f)the Children's Commissioner for Wales.

(8)The [F1Welsh Ministers] may by order amend subsection (7) by—

(a)adding a person;

(b)omitting a person;

(c)changing the description of a person.

(9)An order under subsection (8) may add a person to subsection (7) only if the person appears to the [F1Welsh Ministers] to have functions relating to the investigation of complaints.

[F2(10)No order is to be made under subsection (8) unless a draft of the statutory instrument containing it has been laid before, and approved by a resolution of, the Assembly.]

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Amendments (Textual)

F1Words in s. 25(8)(9) substituted by Government of Wales Act 2006 (c. 32), s. 160(1), Sch. 10 para. 77(2) (with Sch. 11 para. 22), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) of the amending Act, which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(1)(4)(5) of the amending Act.

F2S. 25(10) inserted by Government of Wales Act 2006 (c. 32), s. 160(1), Sch. 10 para. 77(3) (with Sch. 11 para. 22), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) of the amending Act, which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(1)(4)(5) of the amending Act.

Commencement Information

I1S. 25 wholly in force at 1.4.2006; s. 25 not in force at Royal Assent see s. 40; s. 25(7)-(9) in force for certain purposes at 12.10.2005 and s. 25 wholly in force at 1.4.2006 by S.I. 2005/2800, arts. 3(a), 5(1)(3), Sch. 1 Pt. 1

[F325AWorking jointly with the Commissioner for Older People in WalesE+W
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

(1)This section applies where it appears to the Ombudsman that—

(a)there is a complaint in respect of a matter which he is entitled to investigate; and

(b)the matter is one which could also be the subject of an examination by the Commissioner for Older People in Wales (the `Commissioner').

(2)Where the Ombudsman considers it appropriate, he must—

(a)inform the Commissioner about the matter; and

(b)consult him in relation to it.

(3)Where the Ombudsman consults the Commissioner under this section, he and the Commissioner may—

(a)co-operate with each other in relation to the matter;

(b)conduct a joint investigation into the matter;

(c)prepare and publish a joint report in relation to the investigation.

25BWorking collaboratively with the Commissioner for Older People in WalesE+W

(1)This section applies where it appears to the Ombudsman that a complaint relates to or raises a matter which could be the subject of an examination by the Commissioner (the ‘connected matter’).

(2)Where the Ombudsman considers it appropriate, he must inform the Commissioner about the connected matter.

(3)Where the Ombudsman considers that the complaint also relates to or raises a matter into which he is entitled to conduct an investigation himself (‘the ombudsman matter’), he must also if he considers it appropriate—

(a)inform the Commissioner about the Ombudsman's proposals for conducting an investigation into the complaint; and

(b)consult the Commissioner about those proposals.

(4)Where the Ombudsman and the Commissioner consider that they are entitled to investigate, respectively, the ombudsman matter and the connected matter they may—

(a)co-operate with each other in the separate investigation of each of those matters;

(b)act together in the investigation of those matters; and

(c)prepare and publish a joint report containing their respective conclusions in relation to the matters they have each investigated.

(5)Where the Ombudsman considers—

(a)that the complaint does not relate to or raise a matter into which he is entitled to conduct an investigation himself, and

(b)that it is appropriate to do so,

he must inform the person who initiated the complaint about how to secure the referral of the connected matter to the Commissioner.

(6)In this section ‘Commissioner’ has the meaning given in section 25A.]

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