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Public Services Ombudsman (Wales) Act 2019
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Changes to legislation:
Public Services Ombudsman (Wales) Act 2019,
PART 2
is up to date with all changes known to be in force on or before 26 April 2024. 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.
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.
Changes and effects yet to be applied to Schedule 5 Part 2:
- Sch. 5 para. 10 and cross-heading omitted by 2023 asc 3 Sch. 13 para. 195(a)
- Sch. 5 para. 13 cross-heading omitted by 2023 asc 3 Sch. 13 para. 195(b)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
- Act modified by 2023 asc 3 Sch. 2 para. 6
- Act modified by 2023 asc 3 Sch. 12 para. 7(2)
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 65(7)(f) inserted by 2022 c. 30 Sch. 10 para. 6(2)(a) (Welsh language text)
- s. 65(7)(f) inserted by 2022 c. 30 Sch. 10 para. 6(2)(b) (English language text)
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
I1Sch. 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
I2Sch. 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
I3Sch. 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
I4Sch. 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
I5Sch. 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
I6Sch. 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
I7Sch. 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
I8Sch. 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
I9Sch. 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
I10Sch. 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
I11Sch. 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
I12Sch. 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
I13Sch. 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
I14Sch. 5 para. 19 in force at 23.7.2019 by S.I. 2019/1096, reg. 2
F120E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Sch. 5 para. 20 omitted (5.5.2022) by virtue of Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 8 para. 10; S.I. 2022/98, art. 2(b) (with art. 3)
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
I15Sch. 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
I16Sch. 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
I17Sch. 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
I18Sch. 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
I19Sch. 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
I20Sch. 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
I21Sch. 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
I22Sch. 5 para. 28 in force at 23.7.2019 by S.I. 2019/1096, reg. 2
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