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The Public Services Ombudsman (Wales) Act 2005 (Transitional Provisions and Consequential Amendments) Order 2006

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This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Article 2

SCHEDULE 1SUBORDINATE LEGISLATION REVOKED

The following subordinate legislation is revoked—

(a)The Government of Wales Act (Complaints of Maladministration) (Transitional and Saving Provisions) Order 1999(1);

(b)The Commission for Local Administration in Wales and Local Commissioner in Wales (Functions and Expenses) Regulations 2001(2); and

(c)The Regulatory Reform (Local Commissioner for Wales) Order 2004(3).

Article 3

SCHEDULE 2SUBORDINATE LEGISLATION AMENDED

Official Secrets Act 1989 (Prescription) Order 1990

1.  In the Official Secrets Act 1989 (Prescription) Order 1990(4), in Schedule 2 (Prescriptions), in the entry in the first column for “Officer of the Health Service Commissioner for England or Wales” omit the words “or Wales”.

Child Support (Information, Evidence and Disclosure) Regulations 1992

2.  In the Child Support (Information, Evidence and Disclosure) Regulations 1992(5), in Regulation 11 (Employment to which section 50 of the Act applies)—

(a)omit paragraph (d);

(b)omit “and” after paragraph (h);

(c)after paragraph (i), insert—

  • ; and

    (j)

    the Public Services Ombudsman for Wales, a member of his or her staff, or another person acting on his or her behalf or assisting him or her in the discharge of any of his or her functions.

Public Services Contracts Regulations 1993

3.  In the Public Services Contracts Regulations 1993(6), in Schedule 3 (GPA Annex I Contracting Authorities)—

(a)for the entry “Office of the Parliamentary Commissioner for Administration and Health Service Commissioners”, substitute “Office of the Parliamentary Commissioner for Administration”;

(b)after the entry referred to in paragraph (a) above insert, “Office of the Public Services Ombudsman for Wales”;

(c)after the entry for “Office of Fair Trading” insert “Office of the Health Service Commissioner for England”.

Public Supply Contracts Regulations 1995

4.  In the Public Supply Contracts Regulations 1995(7), in Schedule 1 (GPA Annex I Contracting Authorities)—

(a)for the entry “Office of the Parliamentary Commissioner for Administration and Health Service Commissioners”, substitute “Office of the Parliamentary Commissioner for Administration”;

(b)after the entry referred to in paragraph (a) above insert, “Office of the Public Services Ombudsman for Wales”;

(c)after the entry for “Office of Fair Trading” insert “Office of the Health Service Commissioner for England”.

Health Authorities Act 1995 (Transitional Provisions) Order 1996

5.  In the Health Authorities Act 1995 (Transitional Provisions) Order 1996(8), in Article 9(1) omit “or Wales”.

Local Government Investigations (Functions of Monitoring Officers and Standards Committees) (Wales) Regulations 2001

6.  In the Local Government Investigations (Functions of Monitoring Officers and Standards Committees) (Wales) Regulations 2001(9)—

(a)In Regulations 3(2), 5(1)(b), 7 and 8(3)(a) for “a Local Commissioner in Wales” substitute “the Public Services Ombudsman for Wales”;

(b)In Regulations 7(a), 9(3) and 13(1) for “Local Commissioner in Wales” substitute “Public Services Ombudsman for Wales, and

(c)In Regulation 12 for “Local Commissioner for Wales” substitute “Public Services Ombudsman for Wales.”

Standards Committees (Wales) Regulations 2001

7.  In the Standards Committees (Wales) Regulations 2001(10), in Regulation 29(2) for “Commission for Local Administration in Wales” substitute “Public Services Ombudsman for Wales”.

Local Authorities (Alternative Arrangements) (Wales) Regulations 2001

8.  In the Local Authorities (Alternative Arrangements) (Wales) Regulations 2001(11), in Part I (Miscellaneous functions) of Schedule 1, in paragraph 16, column 1, for “Local Commissioner” substitute “Public Services Ombudsman for Wales”.

Adjudications by Case Tribunals and Interim Case Tribunals (Wales) Regulations 2001

9.  In the Adjudications by Case Tribunals and Interim Case Tribunals (Wales) Regulations 2001 (12), in the Schedule—

(a)in paragraph 1, in the definition of “report” (“adroddiad”), paragraph 2, paragraph 8 and paragraph 16 (in each place where it appears) for “a Local Commissioner in Wales” substitute “the Public Services Ombudsman for Wales”;

(b)In paragraph 2(a), for “Local Commissioner” substitute “Public Services Ombudsman for Wales”; and

(c)In paragraph 8, for “the Commission for Local Administration in Wales” substitute “the Public Services Ombudsman for Wales”.

Conduct of Members (Model Code of Conduct) (Wales) Order 2001

10.  In the Conduct of Members (Model Code of Conduct) (Wales) Order 2001(13), in Part II of the Schedule, in paragraph 6(1)(c), for “the Local Commissioner for Local Administration in Wales” substitute “the Public Services Ombudsman for Wales”.

Local Authorities Executive Arrangements (Functions and Responsibilities) (Wales) Regulations 2001

11.  In the Local Authorities Executive Arrangements (Functions and Responsibilities) (Wales) Regulations 2001(14), in Part I (Miscellaneous functions) of Schedule 1, in paragraph 16, column 1, for “Local Commissioner” substitute “Public Services Ombudsman for Wales”.

National Assembly for Wales (Disqualification) Order 2003

12.  In the National Assembly for Wales (Disqualification) Order 2003(15)—

(a)In Part 1 of the Schedule omit the reference to “The Commission for Local Administration in Wales”; and

(b)In Part 2 of the Schedule omit the reference to “Health Service Commissioner for Wales”.

Adoption Agencies (Wales) Regulations 2005

13.  In the Adoption Agencies (Wales) Regulations 2005(16), in Regulation 43(1), in sub-paragraph (d), substitute “Public Services Ombudsman for Wales” for “Commissioner for Local Administration in Wales”.

(1)

S.I. 1999/1791.

(3)

S.I. 2004/2359.

(4)

S.I. 1990/200, amended by S.I. 1999/1042 and S.I 2004/1823; there are other amending instruments but none is relevant.

(5)

S.I.1992/1812, amended by S.I.2004/1823; there are other amending instruments but none is relevant.

(6)

S.I. 1993/3228, amended by the Police (Northern Ireland) Act 2000 (c. 32), and by S.I. 2000/2009, S.I. 2001/1149, and S.S.I. 2003/242, there are other amendments but none is relevant.

(7)

S.I. 1995/201, amended by the Police (Northern Ireland) Act 2000 (c. 32), and by S.I. 2000/209, 2002/881, and S.S.I. 2003/242; there are other amendments but none is relevant.

(8)

S.I 1996/709, to which there are amendments not relevant to this Order.

(9)

S.I. 2001/2281 (W.171), amended by S.I. 2005/761.

(10)

S.I. 2001/2283 (W.172).

(11)

S.I. 2001/2284 (W.173), amended by S.I. 2002/810 (W.90), S.I. 2004/3092, S.I. 2005 /368; there are other amendments but none is relevant.

(13)

S.I. 2001/2289 (W.177).

(14)

S.I. 2001/2291 (W.179), amended by S.I. 2002/783 (W.84) and S.I. 2004/3093; there are other amendments but none is relevant.

(15)

S.I. 2003/437, amended by S.I. 2004/664.

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