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Public Services Ombudsman (Wales) Act 2019

Section 36 - Complaints-handling: statement of principles

139.This section requires the Ombudsman to publish a statement of principles concerning complaints handling procedures of the ‘listed authorities’ in Schedule 3 (section 36(1)). Listed authorities must have complaints-handling procedures that comply with the statement of principles (section 36(2)).

140.Before publishing the first statement of principles, the Ombudsman must lay a draft statement of principles before the Assembly. The draft statement of principles will be subject to a negative resolution procedure. This means that the Assembly has 40 days to object to the draft. If the Assembly does not object within those 40 days, the Ombudsman must publish the statement of principles in the form of the draft laid before the Assembly. If the Assembly objects to the statement of principles as drafted, the Ombudsman must not publish the statement in the form of the draft but subsection (7) permits the Ombudsman may lay a new draft statement before the Assembly.

141.Once the statement of principles has been published, the Ombudsman can revise the statement of principles. But if a proposed revision would make any material changes to the statement of principles, then the negative resolution procedure will apply to the draft revision

142.The Ombudsman must consult before laying the first draft statement of principles (or any draft revisions to it) before the Assembly under this section.

143.Section 36(14) defines “complaints handling procedures” to mean procedures of listed authorities which examine complaints or review decisions in respect of action taken by a listed authority where the matter in question is one which the Ombudsman can investigate under Part 3.

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