The Regulatory Reform (Local Commissioner for Wales) Order 2004

Amendment of the Local Government Act 1974

2.—(1) The Local Government Act 1974(1) is amended as follows.

(2) In section 23 (the Commissions for Local Administration),

(a) omit subsection (2A)(2);

(b) in subsection (3)(3) omit “, the Welsh Administration Ombudsman”; and

(c) after subsection (3), insert—

“(3A) Where the person who is the Welsh Administration Ombudsman is not appointed as a member of the Commission for Local Administration in Wales under subsection (4)—

(a) he shall be a member of that Commission by virtue of his office; but

(b) he shall not be a “Local Commissioner” within the meaning of this Part.”.

(3) After section 32 (law of defamation and disclosure of information) insert—

“Use of information by Local Commissioner in other capacity

32A.— (1) Section (2) applies where—

(a) a Local Commissioner for Wales also holds the office of Welsh Administration Ombudsman or of Health Service Commissioner for Wales (an “additional office”), and

(b) a person initiates a complaint to him as the holder of the additional office which relates partly to a matter with respect to which that person has previously initiated, or subsequently initiates, a complaint to him as a Local Commissioner.

(2) Information obtained by a Local Commissioner for Wales or his officers in the course of or for the purposes of investigating a complaint made under this Part of this Act may be disclosed for the purposes of carrying out his functions in relation to the other complaint.”.

(1)

1974 c. 7.

(2)

Section 23(2A) was inserted by Schedule 12, paragraph 12(2), to the Government of Wales Act 1998 (c. 38).

(3)

Section 23(3) was amended by Schedule 12, paragraph 12(3), to the said Act of 1998.