Functions of the Commissioner

6Functions of the Commissioner

(1)

The functions of the Commissioner are—

(a)

to receive any complaint that the conduct of F1a Member of the Senedd has, at a relevant time, failed to comply with a requirement of a relevant provision,

(b)

to investigate any such complaint in accordance with the provisions of this Measure,

(c)

to report to the F2Senedd the outcome of any such investigation,

(d)

to advise F3Members of the Senedd and members of the public about the procedures for making and investigating complaints to which paragraph (a) applies, and

(e)

the further functions conferred by section 7.

(2)

A “relevant time” means a time when the requirement in question was in force but it is irrelevant whether the conduct in question is alleged to have taken place before or after this section comes into force.

(3)

A “relevant provision” means—

(a)

any provision of the Standing Orders relating to—

(i)

the registration or declaration of financial or other interests,

(ii)

the notification by F3Members of the Senedd of their membership of societies,

(iii)

the registration or notification of any other information relating to F3Members of the Senedd or to persons connected to F3Members of the Senedd.

(b)

any resolution of the F2Senedd relating to the financial or other interests of F3Members of the Senedd,

(c)

any Code of Conduct approved by the F2Senedd relating to standards of conduct of F3Members of the Senedd,

(d)

any resolution of the F2Senedd relating to standards of conduct of F3Members of the Senedd, and

(e)

any provision included in the Standing Orders (or in any code or protocol made under them) in accordance with section 36(6) of the Act.

(4)

It is irrelevant whether a relevant provision came into force before or after this section comes into force.

7Further functions of the Commissioner

The Commissioner may (and if requested by the F2Senedd to do so must) give advice to the F2Senedd—

(a)

on any matter of general principle relating to relevant provisions or to standards of conduct of F3Members of the Senedd generally,

(b)

on procedures for investigating complaints that F3Members of the Senedd have failed to comply with the requirements of relevant provisions,

(c)

on any other matter relating to promoting, encouraging and safeguarding high standards of conduct in the public office of F4Member of the Senedd.

8Ministerial Code

(1)

Nothing in this Measure authorises the Commissioner to express any view on—

(a)

any provision relating to standards of conduct which is contained in a Welsh Ministerial Code,

(b)

any provision relating to standards of conduct which could be contained in a Welsh Ministerial Code,

(c)

any allegation that the conduct of any person was in breach of a provision relating to standards of conduct contained in a Welsh Ministerial Code, or

(d)

the effectiveness of any provision contained in a Welsh Ministerial Code whether in relation to any specific conduct or generally.

(2)

For the purposes of this section—

(a)

a “Welsh Ministerial Code” means any document (however that document is described) containing provisions relating to standards of conduct—

(i)

which has been promulgated by or under the authority of the First Minister,

(ii)

which applies to the First Minister, Welsh Ministers, Deputy Welsh Ministers and Counsel General or to any of them,

(iii)

which relates to standards of conduct in those offices, and

(iv)

which seeks to apply standards of conduct different from or additional to those which apply to F3Members of the Senedd generally, and

(b)

a provision relating to standards of conduct is one which could be contained in a Welsh Ministerial Code if that provision satisfies the requirements of paragraph (a)(ii), (iii) and (iv).