Section 10: Examination of cases
36.Subsections (1) to (3) enable the Assembly to make regulations giving the Commissioner power to examine the cases of particular older people in Wales in connection with his functions, except those of considering and making representations to the Assembly and undertaking research and educational activities about matters in relation to a field in which the Assembly does not have functions (sections 2(3) and 9 respectively). The power can extend to examining the case of someone who was but is no longer an older person in Wales. This could include, for example, examining the case of someone who has since died. Provision is made under subsection (4) for regulations to detail the types of cases which may be examined, the circumstances in which an examination may be made and the procedure for conducting an examination. Subsections (5), (6) and (9) enable the regulations to make provision for the Commissioner to be able to obtain information, explanations and assistance and to make payments to persons who attend or provide information, explanations or assistance in respect of an examination or for the purposes of determining whether a recommendation that the Commissioner has made in a report following an examination of a case has been complied with. For these purposes, subsection (7) provides that the Commissioner shall have the same powers as the High Court in respect of the attendance and examination of witnesses. However subsection (8) makes it clear that the Commissioner cannot compel persons to give evidence or provide information where they would not be compelled to do so in civil proceedings before the High Court.
