Search Legislation

Public Services Ombudsman (Wales) Act 2019

Changes over time for: SCHEDULE 5

 Help about opening options

Alternative versions:

Changes to legislation:

Public Services Ombudsman (Wales) Act 2019, SCHEDULE 5 is up to date with all changes known to be in force on or before 08 May 2021. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to Schedule 5:

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

(introduced by section 75)

SCHEDULE 5E+WCONSEQUENTIAL AMENDMENTS

This schedule has no associated Explanatory Notes

PART 1 E+WInvestigations

Care Standards Act 2000 (c.14)E+W

1E+WInsert new section 75ZB—

75ZBWorking jointly with the Public Services Ombudsman for Wales

(1)This section applies where it appears to the Commissioner that a case which he is—

(a)examining in accordance with regulations made under section 74, or

(b)considering whether to examine in accordance with such regulations,

relates to or raises a matter which could be the subject of an investigation by the Public Services Ombudsman for Wales (the ‘connected matter’).

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

(3)Where the Commissioner considers that the case also relates to or raises a matter which he is entitled to examine himself (the ‘children matter’), he must also if he considers it appropriate—

(a)inform the Ombudsman about the Commissioners proposals for examination of the case, and

(b)consult the Ombudsman about those proposals.

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

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

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

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

(5)Where the Commissioner considers—

(a)that the case is not one which relates to or raises a matter that he is entitled to examine himself, and

(b)that it is appropriate to do so,

he must inform the person whose case it is, or another person interested in it that he thinks fit, about how to secure referral to the Ombudsman of the connected matter.

Commencement Information

I1Sch. 5 para. 1 in force at 23.7.2019 by S.I. 2019/1096, reg. 2

2E+WInsert new section 75ZC—

75ZCWorking jointly with the Public Services Ombudsman for Wales

(1)This section applies where it appears to the Commissioner that a case which he is—

(a)examining in accordance with regulations made under section 74, or

(b)considering whether to examine in accordance with such regulations,

relates to or raises a matter which could be the subject of an investigation by the Public Services Ombudsman for Wales.

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

(a)inform the Ombudsman about the case, and

(b)consult him in relation to it.

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

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

(b)conduct a joint examination into the case;

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

Commencement Information

I2Sch. 5 para. 2 in force at 23.7.2019 by S.I. 2019/1096, reg. 2

Public Audit (Wales) Act 2004 (c.23)E+W

3E+WInsert new section 67B—

67BProtection from defamation claims

For the purposes of the law of defamation, the publication in a communication between the Auditor General for Wales or the Wales Audit Office and the Public Services Ombudsman for Wales of a matter in connection with a joint investigation conducted under section 68(2) of the Public Services Ombudsman (Wales) Act 2019, is absolutely privileged.

Commencement Information

I3Sch. 5 para. 3 in force at 23.7.2019 by S.I. 2019/1096, reg. 2

Public Audit (Wales) Act 2013 (anaw 3)E+W

4E+WInsert new section 29A—

29AWorking with the Public Services Ombudsman for Wales

(1)Where the Public Services Ombudsman for Wales consults the Auditor General under section 68 of the Public Services Ombudsman (Wales) Act 2019 (anaw 3), the Ombudsman and the Auditor General may—

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

(b)conduct a joint investigation into the matter, and

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

Commencement Information

I4Sch. 5 para. 4 in force at 23.7.2019 by S.I. 2019/1096, reg. 2

Well-being of Future Generations (Wales) Act 2015 (anaw 2)E+W

5E+WIn section 25, after subsection 1(c), insert—

(d)an investigation under the Public Services Ombudsman (Wales) Act 2019 (anaw 3) by the Public Services Ombudsman for Wales (and references in this section to the other Commissioner or the Commissioners include the Ombudsman).

Commencement Information

I5Sch. 5 para. 5 in force at 23.7.2019 by S.I. 2019/1096, reg. 2

PART 2 E+WMISCELLANEOUS

Parliamentary Commissioner Act 1967 (c.13)E+W

6E+WIn section 4 (departments etc. subject to investigation), in subsection (3A), for “the Public Services Ombudsman (Wales) Act 2005” substitute “ the Public Services Ombudsman (Wales) Act 2019 ”.

Commencement Information

I6Sch. 5 para. 6 in force at 23.7.2019 by S.I. 2019/1096, reg. 2

7E+WIn section 11A (consultations between Parliamentary Commissioner and other Commissioners or Ombudsmen), in subsection (1)(b), for “the Public Services Ombudsman (Wales) Act 2005” substitute “ the Public Services Ombudsman (Wales) Act 2019 ”.

Commencement Information

I7Sch. 5 para. 7 in force at 23.7.2019 by S.I. 2019/1096, reg. 2

Local Government Act 1974 (c.7)E+W

8E+WIn section 34M (consultation with other Commissioners), in subsection (1)(d), at the end insert “ or the PSOWA 2019 ”.

Commencement Information

I8Sch. 5 para. 8 in force at 23.7.2019 by S.I. 2019/1096, reg. 2

9E+WIn section 34T (interpretation of Part 3A), in subsection (1), after the definition of “the PSOWA 2005” insert—

the PSOWA 2019” means the Public Services Ombudsman (Wales) Act 2019,.

Commencement Information

I9Sch. 5 para. 9 in force at 23.7.2019 by S.I. 2019/1096, reg. 2

Ancient Monuments and Archaeological Areas Act 1979 (c.46)E+W

10E+WIn Schedule A2 (decisions on reviews by person appointed by Welsh Ministers), in paragraph 7, for “the Public Services (Ombudsman) Wales Act 2005” substitute “ the Public Services Ombudsman (Wales) Act 2005 and the Public Services Ombudsman (Wales) Act 2019 ”.

Commencement Information

I10Sch. 5 para. 10 in force at 23.7.2019 by S.I. 2019/1096, reg. 2

Local Government and Housing Act 1989 (c.42)E+W

11E+WIn section 5 (designation and reports of monitoring officer)—

(a)in subsection (2)(c), at the end insert “ or the Public Services Ombudsman (Wales) Act 2019 ”;

(b)in subsection (2AA), after “the Public Services Ombudsman (Wales) Act 2005” insert “ or the Public Services Ombudsman (Wales) Act 2019 ”.

Commencement Information

I11Sch. 5 para. 11 in force at 23.7.2019 by S.I. 2019/1096, reg. 2

12E+WIn section 5A (reports of monitoring officer – local authorities operating executive arrangements)—

(a)in subsection (3)(c), at the end insert “ or the Public Services Ombudsman (Wales) Act 2019 ”;

(b)in subsection (4A), after “the Public Services Ombudsman (Wales) Act 2005” insert “ or the Public Services Ombudsman (Wales) Act 2019 ”.

Commencement Information

I12Sch. 5 para. 12 in force at 23.7.2019 by S.I. 2019/1096, reg. 2

Planning (Listed Buildings and Conservation Areas) Act 1990 (c.9)E+W

13E+WIn Schedule 1B (decisions on reviews by person appointed by Welsh Ministers), in paragraph 7, after “the Public Services Ombudsman (Wales) Act 2005” insert “ and the Public Services Ombudsman (Wales) Act 2019 ”.

Commencement Information

I13Sch. 5 para. 13 in force at 23.7.2019 by S.I. 2019/1096, reg. 2

14E+WIn Schedule 3 (determination of certain appeals by person appointed by Secretary of State), in paragraph 7(3), after “the Public Services Ombudsman (Wales) Act 2005” insert “ and the Public Services Ombudsman (Wales) Act 2019 ”.

Commencement Information

I14Sch. 5 para. 14 in force at 23.7.2019 by S.I. 2019/1096, reg. 2

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

15E+WIn section 18 (consultation during investigations), in subsection (1)(ba), at the end insert “ or the Public Services Ombudsman (Wales) Act 2019 ”.

Commencement Information

I15Sch. 5 para. 15 in force at 23.7.2019 by S.I. 2019/1096, reg. 2

Housing Act 1996 (c.52)E+W

16E+WIn section 50C (grounds for giving notice), in subsection (10), at the end insert “ or section 23 of the Public Services Ombudsman (Wales) Act 2019 ”.

Commencement Information

I16Sch. 5 para. 16 in force at 23.7.2019 by S.I. 2019/1096, reg. 2

17E+WIn section 51 (schemes for investigation of complaints), in subsection (7), for “section 41 of the Public Services Ombudsman (Wales) Act 2005” substitute “ section 78 of the Public Services Ombudsman (Wales) Act 2019 ”.

Commencement Information

I17Sch. 5 para. 17 in force at 23.7.2019 by S.I. 2019/1096, reg. 2

Freedom of Information Act 2000 (c.36)E+W

18E+WIn section 76 (disclosure of information between Commissioner and ombudsmen), in the second column of the row that refers to the Public Services Ombudsman for Wales in the table in subsection (1), at the end insert “ or Part 3 of the Public Services Ombudsman (Wales) Act 2019 ”.

Commencement Information

I18Sch. 5 para. 18 in force at 23.7.2019 by S.I. 2019/1096, reg. 2

Local Government Act 2000 (c.22)E+W

19E+WIn section 68 (Public Services Ombudsman for Wales), in subsection (3), for “the Public Services Ombudsman (Wales) Act 2005” substitute “ the Public Services Ombudsman (Wales) Act 2019 ”.

Commencement Information

I19Sch. 5 para. 19 in force at 23.7.2019 by S.I. 2019/1096, reg. 2

20E+WIn section 70 (investigations: further provisions), in subsection (2)(b), for “sections 13 to 15 and Part 2B of the Public Services Ombudsman (Wales) Act 2005” substitute “ sections 18 to 20 and Part 6 of the Public Services Ombudsman (Wales) Act 2019 ”.

Commencement Information

I20Sch. 5 para. 20 in force at 23.7.2019 by S.I. 2019/1096, reg. 2

Health and Social Care (Community Health and Standards) Act 2003 (c.43)E+W

21E+WIn section 113 (complaints about health care), in subsection (4)(aa)—

(a)for “the Public Services Ombudsman (Wales) Act 2005” substitute “ the Public Services Ombudsman (Wales) Act 2019 ”;

(b)for “section 2(3)” substitute “ section 3(3) ”.

Commencement Information

I21Sch. 5 para. 21 in force at 23.7.2019 by S.I. 2019/1096, reg. 2

National Health Service (Wales) Act 2006 (c.42)E+W

22E+WIn section 187 (independent advocacy services), in subsection (3)—

(a)in the definition of “health service body”, for “the Public Services Ombudsman (Wales) Act 2005 (c.10)” substitute “ the Public Services Ombudsman (Wales) Act 2019 ”;

(b)in the definition of “independent palliative care provider”, for “section 34T of the Public Services Ombudsman (Wales) Act 2005” substitute “ section 64 of the Public Services Ombudsman (Wales) Act 2019 ”;

(c)in the definition of “independent provider”, for “the Public Services Ombudsman (Wales) Act 2005” substitute “ the Public Services Ombudsman (Wales) Act 2019 ”.

Commencement Information

I22Sch. 5 para. 22 in force at 23.7.2019 by S.I. 2019/1096, reg. 2

Commissioner for Older People (Wales) Act 2006 (c.30)E+W

23E+WIn section 18 (power to disclose information), in subsection (1)(b), at the end insert “ or section 66 of the Public Services Ombudsman (Wales) Act 2019 (working jointly with specified persons) ”.

Commencement Information

I23Sch. 5 para. 23 in force at 23.7.2019 by S.I. 2019/1096, reg. 2

Government of Wales Act 2006 (c.32)E+W

24E+WIn Schedule 8 (Auditor General for Wales), in paragraph 17(8)(ba), for “the Public Services Ombudsman (Wales) Act 2005” substitute “ the Public Services Ombudsman (Wales) Act 2019 ”.

Commencement Information

I24Sch. 5 para. 24 in force at 23.7.2019 by S.I. 2019/1096, reg. 2

Local Government and Public Involvement in Health Act 2007 (c.28)E+W

25E+WIn section 223A (independent advocacy services), in subsection (10)—

(a)in the definition of “health service body”, for “the Public Services Ombudsman (Wales) Act 2005” substitute “ the Public Services Ombudsman (Wales) Act 2019 ”;

(b)in the definition of “independent provider”, for “the Public Services Ombudsman (Wales) Act 2005” substitute “ the Public Services Ombudsman (Wales) Act 2019 ”;

(c)in the definition of “Welsh health body”, for “the Public Services Ombudsman (Wales) Act 2005” substitute “ the Public Services Ombudsman (Wales) Act 2019 ”.

Commencement Information

I25Sch. 5 para. 25 in force at 23.7.2019 by S.I. 2019/1096, reg. 2

Social Services and Well-being (Wales) Act 2014 (anaw 4)E+W

26E+WIn section 171 (complaints about social services), in subsection (3)(a)—

(a)for “the Public Services Ombudsman (Wales) Act 2005” substitute “ the Public Services Ombudsman (Wales) Act 2019 ”;

(b)for “section 2(3)” substitute “ section 3(3) ”.

Commencement Information

I26Sch. 5 para. 26 in force at 23.7.2019 by S.I. 2019/1096, reg. 2

27E+WIn section 177 (further consideration of representations), in subsection (4)(a)—

(a)for “the Public Services Ombudsman (Wales) Act 2005” substitute “ the Public Services Ombudsman (Wales) Act 2019 ”;

(b)for “section 2(3)” substitute “ section 3(3) ”.

Commencement Information

I27Sch. 5 para. 27 in force at 23.7.2019 by S.I. 2019/1096, reg. 2

Data Protection Act 2018 (c.12)E+W

28E+WIn Schedule 2 (exemptions etc from the GDPR), in paragraph 10(2)(c)(iv), at the end insert “ or Part 5 of the Public Services Ombudsman (Wales) Act 2019 ”.

Commencement Information

I28Sch. 5 para. 28 in force at 23.7.2019 by S.I. 2019/1096, reg. 2

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area. The revised version is currently only available in English.

Original (As Enacted or Made) - English: The original English language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Original (As Enacted or Made) - Welsh:The original Welsh language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Welsh Government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes accompany all Acts of the Welsh Parliament.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources