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Public Services Ombudsman (Wales) Act 2019

Type Act of Senedd Cymru

Publication 2019-05-22

Last updated 2026-01-01

State In force

Jurisdiction Wales

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

subsection (2) does not apply to the related investigation.

(4) An investigation relates to an original investigation if the matter investigated in the related investigation has a substantial connection with the matter investigated in the original investigation.

(5) Where the Ombudsman prepares an investigation proposal in relation to a matter, the Ombudsman must—

(a) give the provider being investigated an opportunity to comment on the investigation proposal;

(b) give any person, other than the provider, who is identified in the investigation proposal in a negative way, an opportunity to comment on the investigation proposal (as far as the investigation proposal relates to that person).

(6) Where the Ombudsman has begun a related investigation into a matter and no investigation proposal is prepared by virtue of subsection (3), the Ombudsman must—

(a) give the provider an opportunity to comment on the related investigation;

(b) give any person, other than the provider, who is identified by the Ombudsman in relation to the related investigation in a negative way, an opportunity to comment on the related investigation (as far as the related investigation relates to that person).

(7) An investigation proposal must set out—

(a) the reasons for the investigation, and

(b) how the criteria published under section 45 have been met.

(8) An investigation must be conducted in private.

(9) Subject to the other provisions of this section, the procedure for conducting an investigation under section 43 or 44 is that which the Ombudsman thinks appropriate in the circumstances of the case.

(10) The Ombudsman may, among other things—

(a) make any inquiries which the Ombudsman thinks appropriate, and

(b) determine whether any person may be represented in the investigation by an authorised person or another person.

(11) In subsection (10) “authorised person” means a person who, for the purposes of the Legal Services Act 2007 (c.29), is an authorised person in relation to an activity which constitutes the exercise of a right of audience or the conduct of litigation (within the meaning of that Act).

(12) The Ombudsman may pay to any person who attends or supplies information for the purposes of the investigation—

(a) sums in respect of the expenses properly incurred by them, and

(b) allowances to compensate for the loss of their time.

(13) The Ombudsman may attach conditions to those payments.

(14) The Ombudsman must publish the procedure that the Ombudsman will follow when conducting an investigation under section 43 or 44.

Information, documents, evidence and facilities

53

(1) This section applies for the purposes of an investigation under this Part.

(2) The Ombudsman may require a person the Ombudsman thinks is able to supply information or produce a document relevant to the investigation to do so.

(3) The Ombudsman has the same powers as the High Court in relation to—

(a) the attendance and examination of witnesses (including the administration of oaths and affirmations and the examination of witnesses abroad), and

(b) the production of documents.

(4) The Ombudsman may require a person the Ombudsman thinks is able to supply information or produce a document relevant to the investigation to provide any facility the Ombudsman may reasonably require.

(5) Subject to subsection (6), no person may be compelled to give any evidence or produce any document which the person could not be compelled to give or produce in civil proceedings before the High Court.

(6) The Crown is not entitled to any privilege in relation to the production of documents or the giving of evidence that would otherwise be allowed by law in legal proceedings.

(7) Where an obligation to maintain secrecy or other restriction on the disclosure of information obtained by or supplied to persons in Her Majesty's service has been imposed by an enactment or rule of law, the obligation or restriction does not to apply to the disclosure of information for the purposes of the investigation.

Obstruction and contempt

54

(1) If the Ombudsman is satisfied that the condition in subsection (2) is met in relation to a person, the Ombudsman may issue a certificate to that effect to the High Court.

(2) The condition is that the person—

(a) without lawful excuse, has obstructed the discharge of any of the Ombudsman's functions under this Part, or

(b) has done an act in relation to an investigation which, if the investigation were proceedings in the High Court, would constitute contempt of court.

(3) If the Ombudsman issues a certificate, the High Court may inquire into the matter.

(4) If the High Court is satisfied that the condition in subsection (2) is met in relation to the person, it may deal with that person in the same manner as it may deal with a person who has committed contempt in relation to the High Court.

Reports about investigations

Investigation reports

55

(1) This section applies to investigations under this Part unless section 58 applies.

(2) The Ombudsman must, after conducting an investigation into a matter to which this Part applies—

(a) prepare a report on the findings of the investigation (“an investigation report”), and

(b) send a copy of the report to the appropriate persons.

(3) The appropriate persons are—

(a) if the investigation relates to a complaint, the person who made the complaint,

(b) the provider to whom the report relates,

(c) any other person who is alleged in the complaint (if any) to have taken or authorised the action complained of or is identified in the report by the Ombudsman in relation to the matter in a negative way, and

(d) the Welsh Ministers.

(4) The Ombudsman may also send a copy of the report to any other persons the Ombudsman thinks appropriate.

(5) The Ombudsman may publish the report if, after taking account of the interests of the person aggrieved (if any) and any other persons the Ombudsman thinks appropriate, the Ombudsman considers that it would be in the public interest to do so.

(6) The Ombudsman may supply a copy of the published report, or part of that report, to any person who requests it.

(7) The Ombudsman may charge a reasonable fee for supplying a copy of a report, or part of a report, under subsection (6).

(8) The following information must not be included in a version of a report sent to a person under subsection (3)(b) or (c) or (4) or published under subsection (5)—

(a) the name of a person other than the provider to whom the investigation relates;

(b) information which, in the opinion of the Ombudsman, is likely to identify such a person and which, in the Ombudsman's opinion, can be omitted without impairing the effectiveness of the report.

(9) Subsection (8) does not apply if, after taking account of the interests of the person aggrieved (if any) and any other persons the Ombudsman thinks appropriate, the Ombudsman considers that it would be in the public interest to include that information in that version of the report.

Further publicity for investigation reports

56

(1) The Ombudsman may arrange for a notice about an investigation report to be published⁠—

(a) in one or more newspapers, or

(b) by means of broadcast or other electronic media.

(2) The notice may, for example—

(a) provide a summary of the Ombudsman's findings,

(b) specify an address or addresses at which a copy of the published report can be inspected during ordinary office hours and from which a copy of that report (or part of that report) may be obtained, and

(3) The provider to whom the report relates must, if required to do so by the Ombudsman, reimburse the Ombudsman for the reasonable costs of arranging the publication of the notice.

(4) In deciding whether it is appropriate to make arrangements under subsection (1), the Ombudsman must take into account—

(a) the public interest,

(b) the interests of the person aggrieved (if any), and

Action following receipt of investigation reports

57

(1) This section applies where the Ombudsman has concluded in an investigation report that any person has sustained injustice or hardship as a result of the matter investigated.

(2) The provider to whom the matter relates must consider the report and notify the Ombudsman before the end of the permitted period of—

(a) the action the provider has taken or proposes to take in response to the report, and

(b) the period before the end of which the provider proposes to take that action (if that action has not already been taken).

(3) In subsection (2) “the permitted period” means—

(a) the period of one month beginning on the date on which the provider receives the report, or

(b) a longer period specified by the Ombudsman in writing (if any).

Reports: alternative procedure

58

(1) This section applies if, after the Ombudsman has conducted an investigation under this Part—

(a) the Ombudsman concludes that no person has sustained, or is likely to sustain, injustice or hardship as a result of the matter investigated, and

(b) the Ombudsman is satisfied that the public interest does not require sections 55 to 57 to apply.

(2) This section also applies if, after the Ombudsman has conducted an investigation under this Part—

(a) the Ombudsman concludes that any person has sustained, or is likely to sustain, injustice or hardship as a result of the matter investigated,

(b) the provider to whom the investigation relates agrees to implement, before the end of the permitted period, any recommendations that the Ombudsman makes, and

(3) In subsection (2)(b) “the permitted period” means—

(a) a period agreed between the Ombudsman and the provider and, if the investigation relates to a complaint, the person who made the complaint, or

(b) if the Ombudsman thinks that no such agreement can be reached, a period specified by the Ombudsman in writing.

(4) The Ombudsman may decide to prepare a report on the Ombudsman's findings under this section, rather than under section 55; and if the Ombudsman decides to do so, sections 55 to 57 do not apply.

(5) If a report is prepared under this section, the Ombudsman—

(a) must send a copy of the report to—

(i) if the investigation relates to a complaint, the person who made the complaint;

(ii) the provider to whom the report relates, and

(b) may send a copy of the report to any other persons the Ombudsman thinks appropriate.

(6) The Ombudsman may publish the report if, after taking account of the interests of the persons aggrieved (if any) and any other persons the Ombudsman thinks appropriate, the Ombudsman considers it to be in the public interest to do so.

(7) The Ombudsman may supply a copy of a report published under subsection (6), or a part of that report, to any person who requests it.

(8) The Ombudsman may charge a reasonable fee for supplying a copy of a report, or part of a report, under subsection (7).

(9) The following information must not be included in a version of the report sent to a person under subsection (5) or published under subsection (6)—

(a) the name of a person other than the provider to whom the investigation relates;

(b) information which, in the opinion of the Ombudsman, is likely to identify such a person and which, in the Ombudsman's opinion, can be omitted without impairing the effectiveness of the report.

(10) Subsection (9) does not apply if, after taking account of the interests of the person aggrieved (if any) and any other persons the Ombudsman thinks appropriate, the Ombudsman considers that it would be in the public interest to include that information in that version of the report.

Special reports

Circumstances in which special reports may be prepared

59

(1) The Ombudsman may prepare a special report under section 60 if case 1, 2 or 3 applies.

(2) Case 1 applies if—

(a) the Ombudsman has concluded in an investigation report that any person has sustained, or is likely to sustain, injustice or hardship as a result of the matter investigated, and

(b) one of the circumstances in subsection (3) applies.

(3) The circumstances are that—

(a) the Ombudsman has not received the notification required under section 57 before the end of the period permitted under that section;

(b) the Ombudsman has received that notification but is not satisfied with—

(i) the action which the provider has taken or proposes to take, or

(ii) the period before the end of which the provider proposes to have taken that action;

(c) the Ombudsman has received that notification but is not satisfied that the provider has, before the end of the permitted period, taken the action that the provider proposed to take.

(4) In subsection (3)(c) “the permitted period” means—

(a) the period referred to in section 57(2)(b), or

(b) a longer period specified by the Ombudsman in writing (if any).

(5) Case 2 applies if—

(a) the Ombudsman has prepared a report under section 58 by virtue of subsection (2) of that section, and

(b) the Ombudsman is not satisfied that the provider has implemented the Ombudsman's recommendations before the end of the permitted period.

(6) In subsection (5)(b) “the permitted period” means—

(a) the period referred to in section 58(2)(b), or

(b) a longer period specified by the Ombudsman in writing (if any).

(7) Case 3 applies if—

(a) a matter (which the Ombudsman is entitled to investigate) in respect of a provider has been resolved,

(b) in resolving the matter, the Ombudsman has concluded that any person has sustained, or is likely to sustain, injustice or hardship as a result of the matter,

(d) the Ombudsman is not satisfied that the provider has taken that action before the end of the permitted period.

(8) In subsection (7)(d) “the permitted period” means—

(a) the period referred to in subsection (7)(c), or

(b) a longer period specified by the Ombudsman in writing (if any).

Special reports

60

(1) A special report must—

(a) set out the facts which entitle the Ombudsman to prepare the special report (that is, the facts on the basis of which case 1, 2 or 3 of section 59 applies), and

(b) make such recommendations as the Ombudsman thinks fit as to the action which, in the Ombudsman's opinion, should be taken—

(i) to remedy or prevent the injustice or hardship to the person, and

(ii) to prevent similar injustice or hardship being caused to any person in the future.

(2) If the special report is prepared because case 1 of section 59 applies, the Ombudsman must send a copy of the report to each person to whom a copy of the section 55 report was sent under section 55(2)(b).

(3) If the special report is prepared because case 2 or 3 of section 59 applies, the Ombudsman must send a copy of the report to—

(a) if the investigation relates to a complaint, the person who made the complaint;

(b) the provider to whom the report relates.

(4) The Ombudsman may send a copy of a special report to any other persons the Ombudsman thinks appropriate.

(5) The Ombudsman may publish a special report.

(6) The Ombudsman may supply a copy of a published special report, or a part of such a report, to any person who requests it.

(7) The Ombudsman may charge a reasonable fee for supplying a copy of a special report, or part of such a report, under subsection (6).

(8) The following information must not be included in a version of a special report sent to a person under subsection (2), (3) or (4) or published under subsection (5)—

(a) the name of any person other than the provider in respect of whom the report was made;

(b) information which, in the opinion of the Ombudsman, is likely to identify any such person and which, in the Ombudsman's opinion, can be omitted without impairing the effectiveness of the special report.

(9) Subsection (8) does not apply if, after taking account of the interests of the person aggrieved (if any) and any other persons the Ombudsman thinks appropriate, the Ombudsman considers that it would be in the public interest to include that information in that version of the special report.

Further publicity for special reports

61

(1) The Ombudsman may arrange for a notice about a special report to be published—

(a) in one or more newspapers, or

(b) by means of broadcast or other electronic media.

(2) The notice may, for example—

(a) provide a summary of the Ombudsman's findings,

(b) specify an address or addresses at which a copy of the published report can be inspected during ordinary office hours and from which a copy of that report (or part of that report) may be obtained, and

(3) The provider to whom the report relates must, if required to do so by the Ombudsman, reimburse the Ombudsman for the reasonable costs of arranging the publication of the notice.

(4) In deciding whether to make arrangements under subsection (1), the Ombudsman must take into account—

(a) the public interest,

(b) the interests of the person aggrieved (if any), and

Interpretation

Meaning of “care home” and “care home provider”

62

(1) This section applies for the purposes of this Act.

(2) “Care home” means premises at which a care home service, within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2), is provided wholly or mainly to persons aged 18 or over.

(3) “Care home provider” means a person who is a service provider of a care home service within the meaning of Part 1 of that Act where the service is provided wholly or mainly to persons aged 18 or over.

(4) Action is to be treated as action taken by a care home provider if it is taken by—

(a) a person employed by that provider,

(b) a person acting on behalf of that provider, or

(5) Action is also to be treated as action taken by a care home provider if—

(a) that provider provides, by means of an arrangement with another person, accommodation, nursing or care in a care home in Wales for an individual because of the individual's vulnerability or need, and

(b) the action is taken by or on behalf of the other person in carrying out the arrangement.

(6) “Care” has the same meaning as in Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2).

Meaning of “domiciliary care” and “domiciliary care provider”

63

(1) This section applies for the purposes of this Act.

(2) “Domiciliary care” means personal care provided in their own homes for persons who by reason of illness, infirmity or disability are unable to provide it for themselves without assistance.

(3) “Domiciliary care provider” means a person who carries on an activity which involves the provision of domiciliary care, but it does not include an individual who—

(a) carries on the activity otherwise than in partnership with others,

(b) is not employed by a body corporate or unincorporated association to carry it on,

(d) provides or arranges the provision of domiciliary care to fewer than four persons.

(4) Action is to be treated as action taken by a domiciliary care provider if it is taken by—

(a) a person employed by that provider,

(b) a person acting on behalf of that provider, or

(5) Action is also to be treated as action taken by a domiciliary care provider if—

(a) that provider provides domiciliary care by means of an arrangement with another person, and

(b) the action is taken by or on behalf of the other person in carrying out the arrangement.

Meaning of “palliative care service” and “independent palliative care provider”

64

(1) This section applies for the purposes of this Act.

(2) “Palliative care service” means a service the main purpose of which is to provide palliative care.

(3) “Independent palliative care provider” means a person who—

(a) provides a palliative care service, and

(b) is not a Welsh health service body.

(4) Action is to be treated as action taken by an independent palliative care provider if it is taken by—

(a) a person employed by that provider,

(b) a person acting on behalf of that provider, or

(5) Action is also to be treated as action taken by an independent palliative care provider if—

(a) that provider provides palliative care by means of an arrangement with another person, and

(b) the action is taken by or on behalf of the other person in carrying out the arrangement.

PART 6 — INVESTIGATIONS: SUPPLEMENTARY

Consultation and co-operation

Consultation and co-operation with other ombudsmen

65

(1) This section applies if, in making a decision under section 3(5), 4(3)(a), 43(8), 44(4)(a) or in conducting an investigation under Part 3 or 5, the Ombudsman forms the opinion that a matter which is the subject of the complaint or investigation could be the subject of an investigation by an ombudsman mentioned in subsection (7).

(2) The Ombudsman must consult that ombudsman about the matter.

(3) The Ombudsman may co-operate with that ombudsman in relation to the matter.

(4) Consultation under subsection (2), and co-operation under subsection (3), may extend to anything relating to a matter which is the subject of the complaint or investigation, including (among other things)—

(a) the conduct of an investigation into the complaint, and

(b) the form, content and publication of a report of the investigation.

(5) If the Ombudsman consults an ombudsman about a matter under subsection (2), the Ombudsman and that ombudsman may—

(a) conduct a joint investigation into the matter,

(b) prepare a joint report in relation to the investigation, and

(6) Subsection (5) does not apply if the ombudsman consulted under subsection (2) is the Scottish Public Services Ombudsman.

(7) The ombudsmen referred to in subsection (1) are—

(a) the Parliamentary Commissioner for Administration;

(b) the Health Service Commissioner for England;

(d) the Scottish Public Services Ombudsman;

(e) a housing ombudsman appointed in accordance with a scheme approved under section 51 of the Housing Act 1996 (c.52).

(8) The Welsh Ministers may by regulations amend subsection (7) by—

(a) adding a person,

(b) omitting a person, or

(9) Regulations under subsection (8) may add a person to subsection (7) only if the person appears to the Welsh Ministers to have functions relating to the investigation of complaints.

(10) No regulations are to be made under subsection (8) unless a draft of the statutory instrument containing them has been laid before and approved by a resolution of the Assembly.

Working jointly with specified persons

66

(1) This section applies if it appears to the Ombudsman that—

(a) there is a matter which the Ombudsman is entitled to investigate, and

(b) the matter is one which could also be the subject of an investigation by a person specified in subsection (2) (“specified person”).

(2) The following are specified persons—

(a) the Children's Commissioner for Wales;

(b) the Commissioner for Older People in Wales;

(d) the Welsh Language Commissioner;

(e) where the matter relates to health or social care, the Welsh Ministers.

(3) Subject to subsection (4), where the Ombudsman considers it appropriate, the Ombudsman must—

(a) inform the relevant specified person about the matter, and

(b) consult the specified person in relation to it.

(4) Where the Ombudsman investigates the matter under section 4 or 44, the Ombudsman must—

(a) inform the relevant specified person about the matter, and

(b) where the Ombudsman considers it appropriate, consult the specified person in relation to it.

(5) Where the Ombudsman consults a specified person under this section, the Ombudsman and the specified person may—

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

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

(6) The Welsh Ministers may by regulations amend subsection (2) by—

(a) adding or removing a specified person to or from the list, or

(b) varying a reference to a type or description of specified person for the time being contained in that subsection.

(7) No regulations are to be made under subsection (6) unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, the Assembly.

Working collaboratively with Commissioners

67

(1) This section applies if it appears to the Ombudsman that—

(a) a complaint, or

(b) a matter the Ombudsman is considering investigating under section 4 or 44, relates to or raises a matter which could be the subject of an investigation by the Children's Commissioner for Wales, the Commissioner for Older People in Wales or the Welsh Language Commissioner (the “connected matter”).

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

(3) If the Ombudsman considers that the matter is a matter into which the Ombudsman is entitled to conduct an investigation (the “Ombudsman matter”), the Ombudsman must also, if the Ombudsman considers it appropriate—

(a) inform the relevant Commissioner about the Ombudsman's proposals for conducting an investigation, and

(b) consult the relevant Commissioner about those proposals.

(4) If the Ombudsman and the relevant Commissioner consider that they are entitled to investigate, respectively, the Ombudsman matter and the connected matter, they may—

(a) co-operate with each other in the separate investigation of each of those matters,

(b) act together in the investigation of those matters, and

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

(5) If the Ombudsman considers—

(a) that the matter is not a matter into which the Ombudsman is entitled to conduct an investigation, and

(b) that it is appropriate to do so,

the Ombudsman must inform the person who initiated the complaint (if any) about how to secure the referral of the connected matter to the relevant Commissioner.

Working with the Auditor General for Wales

68

(1) If the Ombudsman considers it appropriate, the Ombudsman must—

(a) inform the Auditor General for Wales about the Ombudsman's proposals for conducting an investigation, and

(b) consult the Auditor General for Wales with regard to the most effective way of conducting an investigation.

(2) If the Ombudsman consults the Auditor General for Wales under this section, the Ombudsman and the Auditor General for Wales may—

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

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

Disclosure

Disclosure of information

69

(1) The information to which this section applies is—

(a) information obtained by the Ombudsman, a member of the Ombudsman's staff or another person acting on the Ombudsman's behalf or assisting the Ombudsman in the discharge of the Ombudsman's functions—

(i) in deciding whether to begin an investigation,

(ii) in the course of an investigation,

(iii) in resolving a matter under section 6 or 46, or

(iv) in connection with a notification received under section 26 or 57;

(b) information obtained from an ombudsman mentioned in section 65(7) by virtue of any provision of section 65 or a corresponding provision in an enactment relating to any of those ombudsmen;

(c) information obtained from a specified person in section 66(2) by virtue of any provision of section 66 or 67 or a corresponding provision in an enactment relating to any of those specified persons;

(d) information obtained from the Auditor General for Wales by virtue of section 68 of this Act or section 29A of the Public Audit (Wales) Act 2013 (anaw 3);

(e) information obtained from the Information Commissioner by virtue of section 76 of the Freedom of Information Act 2000 (c.36) (disclosure between Information Commissioner and ombudsmen).

(2) The information must not be disclosed except—

(a) for the purposes of deciding whether to begin an investigation;

(b) for the purposes of an investigation;

(d) for the purposes of resolving a complaint under section 6 or 46;

(e) for the purposes of a statement or report made in relation to a complaint or investigation;

(f) for the purposes of any provision of section 65, 66, 67 or 68;

(g) for the purposes of proceedings for—

(i) an offence under the Official Secrets Acts 1911 (c.28) to 1989 (c.6) , or under sections 1 to 4 or 18 of the National Security Act 2023 (c. 32) alleged to have been committed by the Ombudsman, a member of the Ombudsman's staff or other person acting on the Ombudsman's behalf or assisting the Ombudsman in the discharge of any of the Ombudsman's functions;

(ii) an offence of perjury alleged to have been committed in the course of an investigation;

(h) for the purposes of an inquiry with a view to the taking of proceedings mentioned in paragraph (g);

(i) for the purpose of proceedings under section 20 or 54;

(j) in the case of information to the effect that a person is likely to constitute a threat to the health or safety of one or more persons, to any person to whom the Ombudsman thinks it should be disclosed in the public interest;

(k) in the case of information to which subsection (3) applies, to the Information Commissioner;

(l) for the purposes of the Ombudsman's functions under Chapters 3 and 4 of Part 3 of the Local Government Act 2000 (c.22).

(3) This subsection applies to information if it appears to the Ombudsman to relate to—

(a) a matter in respect of which the Information Commissioner could exercise a power conferred by an enactment mentioned in subsection (4), or

(b) the commission of an offence mentioned in subsection (6).

(4) The enactments are—

(a) sections 142 to 154, 160 to 164 or 174 to 176 of, or Schedule 15 to, the Data Protection Act 2018 (c.12) (certain provisions relating to enforcement);

(b) section 48 of the Freedom of Information Act 2000 (c.36) (practice recommendations);

(5) Subsection (4)(a) has effect as if the matters to which it refers include a matter in respect of which the Information Commissioner could exercise a power conferred by a provision of Part 5 of the Data Protection Act 1998 (c.29), as it has effect by virtue of Schedule 20 to the Data Protection Act 2018 (c.12).

(6) The offences are those under—

(a) a provision of the Data Protection Act 2018 (c.12) other than paragraph 15 of Schedule 15 to that Act (obstruction of execution of warrant etc);

(b) section 77 of the Freedom of Information Act 2000 (c.36) (offence of altering etc records with intent to prevent disclosure).

(7) No person may be called upon to give evidence in any proceedings (other than proceedings mentioned in subsection (2)) of information obtained by that person as mentioned in subsection (1)(a) or (b).

Disclosure prejudicial to safety of State or contrary to public interest

70

(1) A Minister of the Crown may give notice to the Ombudsman with respect to—

(a) any document or information specified in the notice, or

(b) any class of document or information so specified,

that, in the opinion of the Minister, the disclosure of that document or information, or of documents or information of that class, would be prejudicial to the safety of the State or otherwise contrary to the public interest.

(2) If a notice is given under subsection (1), nothing in this Act is to be construed as authorising or requiring the Ombudsman, a member of the Ombudsman's staff or another person acting on the Ombudsman's behalf or assisting the Ombudsman in the discharge of the Ombudsman's functions to disclose to any person or for any purpose any document or information, or class of document or information, specified in the notice.

Protection from defamation claims

71

(1) For the purposes of the law of defamation, the following are absolutely privileged—

(a) the publication of a matter, in the discharge of any of the Ombudsman's functions under this Act, by the Ombudsman, a member of the Ombudsman's staff or another person acting on the Ombudsman's behalf or assisting the Ombudsman in the discharge of any of the Ombudsman' functions;

(b) the publication of a matter by a person in the discharge of functions under—

(i) section 24;

(ii) section 24 as modified by section 25;

(iii) sections 24 and 25 as they apply to special reports (see section 29(6));

(i) a listed authority, a member or co-opted member of a listed authority, an officer or member of the staff of a listed authority or another person acting on behalf of a listed authority or assisting it in the discharge of any of its functions, and

(ii) the Ombudsman, a member of the Ombudsman's staff or another person acting on the Ombudsman's behalf or assisting the Ombudsman in the discharge of any of the Ombudsman's functions;

(d) the publication of a matter in connection with a complaint or an investigation, in communications between—

(i) a care home provider, domiciliary care provider , independent palliative care provider or direct payment service provider, an officer or member of staff of such a provider or another person acting on behalf of such a provider or assisting it in the discharge of any of its functions, and

(ii) the Ombudsman, a member of the Ombudsman's staff or another person acting on the Ombudsman's behalf or assisting the Ombudsman in the discharge of any of the Ombudsman's functions;

(e) the publication of a matter in connection with a complaint or an investigation, in communications between a person and an Assembly member;

(f) the publication of a matter in connection with a complaint made or referred (or to be made or referred) by or on behalf of a person to the Ombudsman under this Act, in communications between—

(i) the person, and

(ii) the Ombudsman, a member of the Ombudsman's staff or another person acting on the Ombudsman's behalf or assisting the Ombudsman in the discharge of any of the Ombudsman's functions.

(2) For the purposes of subsection (1)(d)(i) a person is an officer of a provider if the person has control or management of a provider which is not an individual or the affairs of such a provider.

(3) In this section, reference to matters in connection with an investigation include matters in connection with the Ombudsman's decision whether to investigate or not.

PART 7 — MISCELLANEOUS AND GENERAL

Welsh language standards

Authorisation to give compliance notice to the Ombudsman in relation to Welsh language standards

72

(1) In Schedule 6 to the Welsh Language Standards (No. 2) Regulations 2016 (S.I 2016/182 (W.76)) (“the 2016 Regulations”), insert in the appropriate place—

The Public Services Ombudsman for Wales (“Ombwdsmon Gwasanaethau Cyhoeddus Cymru”)

(2) The amendment made by this section does not affect the power to make further regulations amending or revoking the 2016 Regulations.

Review of Act

73

(1) The Assembly must, as soon as practicable after the end of the 5 year period, prepare and publish a report on the operation and effect of this Act during the 5 year period.

(2) The Assembly may prepare and publish a report on the operation and effect of this Act at any time.

(3) In preparing a report under this section, the Assembly must consult such persons as it considers appropriate.

(4) In this section, “the 5 year period” means the period of 5 years beginning with the day this Act receives Royal Assent.

Application of the 2005 Act to certain investigations

Investigations commenced before sections 3, 4, 43 and 44 come into force

74

(1) Subsection (2) applies if the Ombudsman has commenced an investigation into a matter before the date on which sections 3, 4, 43 and 44 come into force and the investigation has not been determined by the Ombudsman or the matter has not been resolved by that date.

(2) On and after that date, the Public Services Ombudsman (Wales) Act 2005 (c.10) continues to apply for the purposes of the investigation despite the other provisions of this Act.

General

Repeals, savings and consequential amendments

75

(1) The Public Services Ombudsman (Wales) Act 2005 (c.10) is repealed.

(2) But—

(a) see section 74 of this Act (investigations commenced before sections 3, 4, 43 and 44 of this Act come into force);

(b) subsection (1) does not apply to—

(i) paragraphs 9(4) and 11(4) of Schedule 1 to the 2005 Act (which amend the Superannuation Act 1972 (c.11)) and section 1 of the 2005 Act (to the extent that it gives effect to paragraphs 9(4) and 11(4) of the 2005 Act);

(ii) Schedule 4 to the 2005 Act (which amends the Local Government Act 2000 (c.22)) and section 35 of the 2005 Act (which gives effect to Schedule 4 to the 2005 Act);

(iii) Schedule 6 to the 2005 Act (consequential amendments) and section 39(1) of the 2005 Act (which gives effect to Schedule 6 to the 2005 Act);

(iv) the extent that it would revoke any subordinate legislation (within the meaning of section 21(1) of the Interpretation Act 1978 (c.30)) made under the 2005 Act.

(3) Schedule 5 (which makes consequential amendments of primary legislation in consequence of this Act) has effect.

Functions of the Assembly

76

(1) The Assembly may by standing orders make provision regarding the exercise of the functions conferred upon it by or under this Act.

(2) Such provision includes, but is not limited to, delegating functions to a committee or sub-committee of the Assembly or the chair of such a committee or sub-committee.

(3) But the Assembly may not delegate functions conferred upon it by or under this Act other than the functions conferred by—

(a) sections 73(1), (2) and (3), and

(b) paragraphs 5 and 8(1) of Schedule 1.

Commencement

77

(1) The preceding provisions of this Act, and the Schedules to this Act, come into force in accordance with provision made by the Welsh Ministers by regulations.

(2) This section and sections 78 to 82 come into force on the day this Act receives Royal Assent.

(3) Regulations under subsection (1) may—

(a) appoint different days for different purposes;

(b) make transitional, transitory or saving provision in connection with the coming into force of a provision of this Act.

Interpretation

78

(1) In this Act—

“act” (“gweithredu”) and “action” (“camau gweithredu”) include a failure to act (and related expressions must be construed accordingly);

“annual report” (“adroddiad blynyddol”) has the meaning given in paragraph 15 of Schedule 1;

“the Assembly” (“y Cynulliad”) means the National Assembly for Wales;

“care home” (“cartref gofal”) has the meaning given by section 62(2);

“care home provider” (“darparwr gofal cartref”)has the meaning given by section 62(3);

“co-opted member” (“aelod cyfetholedig”), in relation to an authority, means a person who is not a member of the authority but who—is a member of a committee or sub-committee of the authority, oris a member of, and represents the authority on, a joint committee on which the authority is represented or a sub-committee of such a committee,and who is entitled to vote on any question which falls to be decided at a meeting of the committee or sub-committee;

“direct payment service” (“gwasanaeth taliadau uniongyrchol”) has the meaning given by section 64A(2);

“direct payment service provider” (“darparwr gwasanaeth taliadau uniongyrchol”) has the meaning given by section 64A(3);

“domiciliary care” (“gofal cartref”) has the meaning given by section 63(2);

“domiciliary care provider” (“darparwr gofal cartref”) has the meaning given by section 63(3);

“enactment” (“deddfiad”) means an enactment (whenever enacted or made) which is, or contained in—an Act or a Measure of the Assembly,an Act of Parliament, orsubordinate legislation (within the meaning of section 21(1) of the Interpretation Act 1978 (c.30)) made under—an Act or a Measure of the Assembly, oran Act of Parliament.

“extraordinary report” (“adroddiad eithriadol”) has the meaning given in paragraph 15 of Schedule 1;

“family health service provider in Wales” (“darparwr gwasanaeth iechyd teulu yng Nghymru”) means—a person who, at the time of action which is the subject of investigation under Part 3 of this Act, provided services under a contract entered into by that person with a Local Health Board under section 42 or section 57 of the National Health Service (Wales) Act 2006 (c.42);a person who, at that time, had undertaken to provide in Wales general ophthalmic services , or both general ophthalmic services and other ophthalmic services in accordance with arrangements made with a Local Health Board, or pharmaceutical services under that Act;an individual who, at that time, provided in Wales primary medical services or primary dental services in accordance with arrangements made under section 50 or 64 of that Act (except as an employee of, or otherwise on behalf of, a Welsh health service body or an independent provider in Wales);

“family health services” (“gwasanaethau iechyd teulu”) means services mentioned in any of paragraphs (a) to (c) of the definition of “family health service provider in Wales”;

“financial year” (“blwyddyn ariannol”) means the 12 months ending on 31 March;

“in writing” (“yn ysgrifenedig”) includes in electronic form;

“independent palliative care provider” (“darparwr gofal lliniarol annibynnol”) has the meaning given by section 64(3);

“independent provider in Wales” (“darparwr annibynnol yng Nghymru”) means a person who, at the time of action which is the subject of an investigation under Part 3 of this Act⁠—provided services of any kind in Wales under arrangements with a Welsh health service body or a family health service provider in Wales, andwas not a Welsh health service body or a family health service provider in Wales;

“investigation” (“ymchwiliad”)—in relation to the Ombudsman, means an investigation under section 3, 4, 43 or 44 (and cognate expressions must be construed accordingly);in relation to other persons, includes an examination, inquiry or review (and cognate expressions must be construed accordingly);

“listed authority” (“awdurdod rhestredig”) has the meaning given in section 31;

“local authority in Wales” (“awdurdod lleol yng Nghymru”) means a county council, county borough council or community council in Wales;

“Local Commissioner” (“Comisiynydd Lleol”) has the meaning given in section⁠ 23(3) of the Local Government Act 1974 (c.7);

“NHS trust” (“Ymddiriedolaeth y GIG”) has the same meaning as in the National Health Service (Wales) Act 2006 (c.42);

“the Ombudsman” (“yr Ombwdsmon”) has the meaning given in section 2;

“palliative care service” (“gwasanaeth gofal lliniarol”) has the meaning given by section 64(2);

“the person aggrieved” (“y person a dramgwyddwyd”) in Part 3 has the meaning given in section 7(1)(a) and in Part 5 has the meaning given in section 47(1)(a);

“publicly-funded dwelling” (“annedd a ariennir yn gyhoeddus”) means—a dwelling which was provided by means of a grant under—section 18 of the Housing Act 1996 (c.52) (social housing grant), orsection 50 of the Housing Act 1988 (c.50), section 41 of the Housing Associations Act 1985 (c.69), or section 29 or 29A of the Housing Act 1974 (c.44) (housing association grant);a dwelling which was acquired on a disposal by a public sector landlord (within the meaning of Part 1 of the Housing Act 1996 (c.52));

“relevant tribunal” (“tribiwnlys perthnasol”) means a tribunal (including a tribunal consisting of only one person) specified by regulations made by the Welsh Ministers;

“social landlord in Wales” (“landlord cymdeithasol yng Nghymru”) means—a body which was at the time of action which is the subject of a complaint under this Act registered as a social landlord in the register maintained by the Welsh Ministers under section 1 of the Housing Act 1996 (c.52) (or in the register previously maintained under that section by the Assembly constituted by the Government of Wales Act 1998 (c.38), the Secretary of State or Housing for Wales);any other body which at the time of action which is the subject of a complaint under this Act was registered with Housing for Wales, the Secretary of State, the Assembly constituted by the Government of Wales Act 1998 (c.38) or the Welsh Ministers and owned or managed publicly-funded dwellings;

“special report” (“adroddiad arbennig”) in Part 3 has the meaning given in section 28 and in Part 5 has the meaning given in section 60;

“Wales” (“Cymru”) has the meaning given in section 158(1) of the Government of Wales Act 2006 (c.32);

“Welsh health service body” (“corff gwasanaeth iechyd yng Nghymru”) means—the Welsh Ministers;a Local Health Board;an NHS trust managing a hospital or other establishment or facility in Wales;a Special Health Authority not discharging functions only or mainly in England.

(2) For the purposes of the definition of “independent provider in Wales”, arrangements with the Welsh Ministers are arrangements with a Welsh health service body only to the extent that they are made in the discharge of a function of the Welsh Ministers relating to the National Health Service.

(3) The Welsh Ministers may by regulations amend the definitions of “family health service provider in Wales”, “independent provider in Wales” and “social landlord in Wales”.

(4) Before making regulations under subsection (1) or (3), the Welsh Ministers must consult such persons as they think appropriate.

(5) No regulations are to be made under subsection (1) or (3) unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, the Assembly.

(6) Section 13 of the National Audit Act 1983 (c.44) (interpretation of references to the Committee of Public Accounts) applies for the purposes of this Act as it applies for the purposes of that Act.

(7) For the purposes of this Act, references to action taken by a listed authority include action taken by—

(a) a member, co-opted member, committee or sub-committee of the authority acting in the discharge of functions of the authority;

(b) an officer or member of staff of the authority, whether acting in the discharge of their own functions or the functions of the authority;

79

(1) The Welsh Ministers may by regulations provide for this Act to apply with the modifications specified in the regulations to persons who are—

(a) former family health service providers in Wales;

(b) former independent providers in Wales;

(d) former care home providers in Wales;

(e) former domiciliary care providers in Wales;

(f) former independent palliative care providers in Wales;

(g) former direct payment service providers.

(2) “Former family health service provider in Wales” means a person who—

(a) at the relevant time, provided family health services of a particular description, and

(b) subsequently ceased to provide services of that description (whether or not the person has later started to provide them again).

(3) “Former independent provider in Wales” means a person who—

(a) at the relevant time, provided services of a particular description in Wales under arrangements with a Welsh health service body or a family health service provider in Wales,

(b) was not a Welsh health service body or a family health service provider in Wales at that time, and

(c) subsequently ceased to provide services of that description (whether or not the person has later started to provide them again).

(4) “Former social landlord in Wales” means a person who—

(a) at the relevant time—

(i) was registered as a social landlord in the register maintained by the Welsh Ministers under section 1 of the Housing Act 1996 (c.52) (or in the register previously maintained under that section by the Assembly constituted by the Government of Wales Act 1998 (c.38), the Secretary of State or Housing for Wales), or

(ii) was registered with Housing for Wales, the Secretary of State, the Assembly constituted by the Government of Wales Act 1998 (c.38) or the Welsh Ministers and owned or managed publicly-funded dwellings, and

(b) subsequently—

(i) ceased to be registered as mentioned in paragraph (a)(i) or (ii) (whether or not the person later became so registered again), or

(ii) ceased to own or manage publicly-funded dwellings (whether or not the person later did so again).

(5) “Former care home provider in Wales” means a person who—

(a) at the relevant time, provided accommodation, nursing or care of a particular description at a care home in Wales (see section 62), and

(b) subsequently ceased to do so (whether or not the person has later started to do so again).

(6) “Former domiciliary care provider in Wales” means a person who—

(a) at the relevant time, provided domiciliary care services of a particular description in Wales, and

(b) subsequently ceased to do so (whether or not the person has later started to provide those services again).

(7) “Former independent palliative care provider in Wales” means a person who—

(a) at the relevant time, provided a palliative care service of a particular description in Wales, and

(b) subsequently ceased to do so (whether or not the person has later started to do so again).

(7A) “Former direct payment service provider” means a person who—

(a) at the relevant time, provided direct payment services of a particular description, and

(b) subsequently ceased to do so (whether or not the person has later started to do so again).

(8) “The relevant time” is the time of action which is the subject of a complaint under this Act.

(9) No regulations are to be made under this section unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, the Assembly.

Consequential, transitional provisions etc

80

(1) The Welsh Ministers may by regulations make—

(a) such consequential, incidental or supplemental provision, and

(b) such transitory, transitional or saving provision,

as they think necessary or expedient for the purposes of, in consequence of, or for giving full effect to, any provision of this Act.

(2) Regulations under subsection (1) may amend, revoke or repeal any enactment (including any enactment contained in or made under this Act).

(3) No regulations are to be made under subsection (1) unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, the Assembly.

Regulations and directions

81

(1) A power of the Welsh Ministers to make regulations under this Act is exercisable by statutory instrument.

(2) Regulations made by the Welsh Ministers under this Act may—

(a) make different provision for different purposes;

(b) make consequential, incidental, supplemental, transitory, transitional or saving provision.

(3) A direction given under this Act—

(a) may be amended or revoked by the person who gave it;

(b) may make different provision for different purposes.

Short title

82

This Act may be cited as the Public Services Ombudsman (Wales) Act 2019.

SCHEDULE 1

Appointment

1

The Ombudsman is to be appointed by Her Majesty on the nomination of the Assembly.

Status

2

(1) The Ombudsman is a corporation sole.

(2) The Ombudsman holds office under Her Majesty and discharges functions on behalf of the Crown.

(3) The Ombudsman is a Crown servant for the purposes of the Official Secrets Act 1989 (c.6).

(4) But service as the Ombudsman is not service in the civil service of the Crown.

Term of office

3

(1) A person's term of office as the Ombudsman is seven years (subject to sub-paragraphs (3) and (4) and paragraph 6).

(2) A person appointed as the Ombudsman is not eligible for re-appointment.

(3) Her Majesty may relieve a person of office as the Ombudsman—

(a) at the Ombudsman's request, or

(b) on Her Majesty being satisfied that the person is incapable for medical reasons of performing the duties of the office.

(4) Her Majesty may remove a person from office as the Ombudsman on the making of a recommendation, on the ground of the person's misbehaviour, that Her Majesty should do so.

(5) A recommendation for the removal of a person from office as the Ombudsman may not be made unless—

(a) the Assembly has resolved that the recommendation should be made, and

(b) the resolution of the Assembly is passed on a vote in which the number of Assembly members voting in favour of it is not less than two-thirds of the total number of Assembly seats.

Acting Public Services Ombudsman for Wales

4

(1) If the office of the Ombudsman becomes vacant, Her Majesty may, on the nomination of the Assembly, appoint a person to act as the Ombudsman.

(2) A person appointed to act as the Ombudsman (“an acting Ombudsman”) may have held office as the Ombudsman.

(3) A person appointed as an acting Ombudsman is eligible for appointment as the Ombudsman (unless the person has already held office as the Ombudsman).

(4) The power to appoint a person as an acting Ombudsman is not exercisable after the end of the period of two years starting with the date on which the vacancy arose.

(5) An acting Ombudsman holds office in accordance with the terms of the acting Ombudsman's appointment, subject to sub-paragraph (6) (and paragraph 2, as applied by sub-paragraph (7)).

(6) An acting Ombudsman must not hold office after—

(a) the appointment of a person as the Ombudsman, or

(b) if sooner, the end of the period of two years starting with the date on which the vacancy arose.

(7) While an acting Ombudsman holds office, the acting Ombudsman is to be regarded (except for the purposes of paragraphs 1, 3, 6 to 10 and this paragraph) as the Ombudsman.

Further provision: appointment

5

The Assembly must determine the terms that apply to an appointment made under paragraph 1 or paragraph 4(1).

Disqualification

6

(1) A person is disqualified from being the Ombudsman or an acting Ombudsman if any of the following applies—

(a) the person is a member of the House of Commons;

(b) the person is a listed authority;

(d) the person is disqualified from being a member of the Assembly (other than by virtue of holding office as the Ombudsman or an acting Ombudsman);

(e) the person is disqualified from being a member of a local authority in Wales (other than by virtue of paragraph 7 of this Schedule);

(f) the person is a care home provider, domiciliary care provider , independent palliative care provider or direct payment service provider;

(g) the person is an officer or member of staff of a provider of that kind.

(2) For the purposes of sub-paragraph (1)(g) a person is an officer of a provider if the person has control or management of a provider which is not an individual or the affairs of such a provider.

(3) The appointment of a person as the Ombudsman or an acting Ombudsman is not valid if the person is disqualified under sub-paragraph (1).

(4) If a person who has been appointed as the Ombudsman or an acting Ombudsman becomes disqualified under sub-paragraph (1), the person ceases to hold office on becoming so disqualified.

(5) But the validity of anything done by a person appointed as the Ombudsman or an acting Ombudsman is not affected by the fact that the person is or becomes disqualified under sub-paragraph (1).

7

(1) A person who holds office as the Ombudsman or an acting Ombudsman is disqualified from—

(a) being a listed authority;

(b) being a member, co-opted member, officer or member of staff of a listed authority;

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8

(1) A person who has ceased to hold office as the Ombudsman or as an acting Ombudsman is disqualified for the relevant period from—

(a) holding an office which is a listed authority;

(b) being a member, co-opted member, officer or member of staff of a listed authority;

unless the Assembly approves otherwise.

(2) The relevant period—

(a) starts when the person ceases to hold office as the Ombudsman or, as the case may be, an acting Ombudsman, and

(b) ends on the expiry of the financial year following the financial year in which the Ombudsman or, as the case may be, the acting Ombudsman, ceased to hold such office.

(3) But sub-paragraph (1) does not disqualify a person from—

(a) being a member of the Assembly or the National Assembly for Wales Commission;

(b) holding the office of presiding officer or deputy presiding officer of the Assembly or of First Minister for Wales, Welsh Minister appointed under section 48 of the Government of Wales Act 2006 (c.32), Counsel General to the Welsh Government or Deputy Welsh Minister;

(d) holding the office of chairman, vice-chairman or elected mayor of a local authority in Wales.

9

The references in paragraphs 7 and 8 to a paid office include an office the holder of which is entitled only to the reimbursement of expenses.

Remuneration etc

10

(1) The Assembly must—

(a) pay a person who is the Ombudsman or an acting Ombudsman such salary and allowances, and

(b) make such payments towards the provision of superannuation benefits for or in respect of the Ombudsman or an acting Ombudsman,

as may be provided for by or under the terms of appointment of the Ombudsman or the acting Ombudsman.

(2) The Assembly must pay to or in respect of a person who has ceased to hold office as the Ombudsman or an acting Ombudsman—

(a) such amounts by way of pensions and gratuities, and

(b) such amounts by way of provision for those benefits,

as may have been provided for by or under the terms of appointment of the Ombudsman or the acting Ombudsman.

(3) If a person ceases to be the Ombudsman or an acting Ombudsman and it appears to the Assembly that there are special circumstances which make it right that the person should receive compensation, the Assembly may pay to that person a sum of such amount as it thinks appropriate.

(4) The Assembly must pay to the Minister for the Civil Service, at such times as the Minister may direct, such sums as the Minister may determine in respect of any increase attributable to paragraph 9(4) of Schedule 1 to the 2005 Act in the sums payable out of money provided by Parliament under the Superannuation Act 1972 (c.11).

(5) Sums required for the making of payments under sub-paragraphs (1), (2) and (4) are to be charged on the Welsh Consolidated Fund.

Special financial provisions

11

(1) Any sums payable by the Ombudsman in consequence of a breach, in the performance of any of the Ombudsman's functions, of any contractual or other duty are to be charged on the Welsh Consolidated Fund.

(2) And sub-paragraph (1) applies whether the breach occurs by reason of an act or omission of—

(a) the Ombudsman,

(b) a member of the Ombudsman's staff, or

(3) The Ombudsman may retain income derived from fees charged by virtue of sections 17(6), 23(6), 27(8), 29(2), 51(6), 55(7), 58(8) and 60(7) (rather than pay it into the Welsh Consolidated Fund) for use in connection with the exercise of the functions conferred or imposed by this Act.

(4) The Ombudsman may retain costs paid to the Ombudsman under a costs recovery notice (see sections 21 and 22) (rather than pay them in to the Welsh Consolidated Fund) for use in connection with the exercise of the functions conferred or imposed by this Act.

Staff

12

(1) The Ombudsman may appoint such staff as is necessary for assisting in the discharge of the Ombudsman's functions, on such terms and conditions as the Ombudsman may determine.

(2) No member of staff of the Ombudsman is to be regarded as holding office under Her Majesty or as discharging any functions on behalf of the Crown.

(3) But each member of the Ombudsman's staff is to be treated as being a Crown servant for the purposes of the Official Secrets Act 1989 (c.6).

(4) The Ombudsman must pay to the Minister for the Civil Service, at such times as the Minister may direct, such sum as the Minister may determine in respect of any increase attributable to paragraph 11(4) of Schedule 1 to the 2005 Act in the sums payable out of money provided by Parliament under the Superannuation Act 1972 (c.11).

Advisers

13

(1) The Ombudsman may obtain advice from any person who, in the Ombudsman's opinion, is qualified to give it, to assist the Ombudsman in the discharge of the Ombudsman's functions.

(2) The Ombudsman may pay to any person from whom the Ombudsman obtains advice under sub-paragraph (1) such fees or allowances as the Ombudsman may determine.

Delegation

14

(1) Any function of the Ombudsman may be discharged on the Ombudsman's behalf—

(a) by any person authorised by the Ombudsman to do so, and

(b) to the extent so authorised.

(2) Sub-paragraph (1) does not affect the responsibility of the Ombudsman for the discharge of any such function.

(3) A person authorised by the Ombudsman under sub-paragraph (1) is to be treated as being a Crown servant for the purposes of the Official Secrets Act 1989 (c.6).

(4) No arrangements may be made between the Ombudsman, on the one hand, and the Welsh Ministers (or the First Minister for Wales or the Counsel General to the Welsh Government), on the other, for—

(a) any functions of one of them to be exercised by the other,

(b) any functions of the Welsh Ministers (or the First Minister for Wales or the Counsel General to the Welsh Government) to be exercised by members of staff of the Ombudsman,

(d) the provision of administrative, professional or technical services by one of them for the other.

(5) Sub-paragraph (4) applies despite any provision that would otherwise permit such arrangements to be made.

Annual and extraordinary reports

15

(1) The Ombudsman—

(a) must annually prepare a general report on the discharge of the Ombudsman's functions (an “annual report”);

(b) may prepare any other report with respect to the Ombudsman's functions that the Ombudsman thinks appropriate (an “extraordinary report”).

(2) A report prepared under this paragraph may include any general recommendations which the Ombudsman may have arising from the discharge of the Ombudsman's functions.

(3) The Ombudsman must lay a copy of each report prepared under this paragraph before the Assembly and at the same time send a copy to the Welsh Government and (if the report is an extraordinary report) must send a copy of it to any listed authorities (other than the Welsh Government) the Ombudsman thinks appropriate.

(4) The Ombudsman may also send a copy of any report prepared under this paragraph to any other persons the Ombudsman thinks appropriate.

(5) The Ombudsman must, and the Assembly may, publish any report laid before the Assembly under this paragraph.

(6) The Ombudsman must comply with any directions given by the Assembly with respect to an annual report.

(7) If a report prepared under this paragraph—

(a) mentions the name of any person other than a listed authority, care home provider, domiciliary care provider , independent palliative care provider or direct payment service provider in respect of which—

(i) a complaint has been made or referred to the Ombudsman under this Act, or

(ii) the Ombudsman has begun to investigate under section 4 or 44, or

(b) includes any particulars which, in the opinion of the Ombudsman, are likely to identify any such person and which, in the Ombudsman's opinion, can be omitted without impairing the effectiveness of the report,

that information must not be included in a version of the report laid before the Assembly under sub-paragraph (3), sent to a person under sub-paragraph (3) or (4) or published by the Ombudsman under sub-paragraph (5), subject to sub-paragraph (8).

(8) Sub-paragraph (7) does not apply in relation to a version of the report if, after taking account of the interests of any persons the Ombudsman thinks appropriate, the Ombudsman considers it to be in the public interest to include that information in that version of the report.

Estimates

16

(1) For each financial year, the Ombudsman must prepare an estimate of the income and expenses of the Ombudsman's office.

(2) The Ombudsman must submit the estimate at least five months before the beginning of the financial year to which it relates to the committee or committees of the Assembly specified in the standing orders of the Assembly.

(3) The committee or committees must examine an estimate submitted in accordance with sub-paragraph (2) and must then lay the estimate before the Assembly with any modifications thought appropriate.

(4) Before laying before the Assembly with modifications an estimate submitted in accordance with sub-paragraph (2), the committee or committees must—

(a) consult the Ombudsman, and

(b) take into account any representations which the Ombudsman may make.

(5) The first financial year is the financial year during which the first person to be appointed as the Ombudsman is appointed.

Accounts

17

(1) The Ombudsman must—

(a) keep proper accounting records, and

(b) for each financial year, prepare accounts in accordance with directions given to the Ombudsman by the Treasury.

(2) The directions which the Treasury may give under sub-paragraph (1)(b) include directions to prepare accounts relating to financial affairs and transactions of persons other than the Ombudsman.

(3) The directions which the Treasury may give under sub-paragraph (1)(b) include, in particular, directions as to—

(a) the information to be contained in the accounts and the manner in which it is to be presented;

(b) the methods and principles in accordance with which the accounts are to be prepared;

Audit

18

(1) The accounts prepared by the Ombudsman for a financial year must be submitted by the Ombudsman to the Auditor General for Wales no later than 30 November in the following financial year.

(2) The Auditor General for Wales must—

(a) examine, certify and report on each set of accounts submitted to the Auditor General for Wales under this paragraph, and

(b) subject to sub-paragraph (3), no later than four months after the accounts are so submitted, lay before the Assembly a copy of them as certified by the Auditor General for Wales together with the Auditor General for Wales's report on them (“a copy of the certified accounts and report”).

(3) The Auditor General for Wales may lay a copy of the certified accounts and report before the Assembly after the four-month deadline mentioned in sub-paragraph (2)(b) where it is not reasonably practicable for the Auditor General for Wales to meet that deadline.

(4) Where sub-paragraph (3) applies, the Auditor General for Wales must—

(a) before the four-month deadline mentioned in sub-paragraph (2)(b), lay before the Assembly a statement explaining why it is not reasonably practicable for the Auditor General for Wales to lay a copy of the certified accounts and report before the Assembly before that deadline, and

(b) lay a copy of the certified accounts and report before the Assembly as soon as reasonably practicable after that deadline.

(5) In examining accounts submitted to the Auditor General for Wales under this paragraph the Auditor General for Wales must, in particular, be satisfied that—

(a) the expenditure to which the accounts relate has been incurred lawfully and in accordance with the authority which governs it, and

(b) the Ombudsman has made appropriate arrangements for the economic, efficient and effective use of the Ombudsman's resources.

Accounting officer

19

(1) The Ombudsman is the accounting officer for the office of the Ombudsman.

(2) If the Ombudsman is incapable of discharging the Ombudsman's responsibilities as accounting officer, the Audit Committee may designate a member of the Ombudsman's staff to be the accounting officer for as long as the Ombudsman is so incapable.

(3) If the office of the Ombudsman is vacant and there is no acting Ombudsman, the Audit Committee may designate a member of the Ombudsman's staff to be the accounting officer for as long as the office of the Ombudsman is vacant and there is no acting Ombudsman.

(4) The accounting officer has, in relation to the accounts and the finances of the Ombudsman, the responsibilities which are from time to time specified by the Audit Committee.

(5) In this paragraph references to responsibilities include in particular—

(a) responsibilities in relation to the signing of accounts,

(b) responsibilities for the propriety and regularity of the finances of the Ombudsman, and

(6) The responsibilities which may be specified under this paragraph include responsibilities owed to—

(a) the Assembly, the Welsh Ministers or the Audit Committee, or

(b) the House of Commons or its Committee of Public Accounts.

(7) If requested to do so by the House of Commons Committee of Public Accounts, the Audit Committee may—

(a) on behalf of the Committee of Public Accounts take evidence from the accounting officer, and

(b) report to the Committee of Public Accounts and transmit to that Committee any evidence so taken.

Examinations into the use of resources

20

(1) The Auditor General for Wales may carry out examinations into the economy, efficiency and effectiveness with which the Ombudsman has used the Ombudsman's resources in discharging the Ombudsman's functions.

(2) Sub-paragraph (1) is not to be construed as entitling the Auditor General for Wales to question the merits of the policy objectives of the Ombudsman.

(3) In determining how to discharge the Auditor General for Wales's functions under this paragraph, the Auditor General for Wales must take into account the views of the Audit Committee as to the examinations which the Auditor General for Wales should carry out.

(4) The Auditor General for Wales may lay before the Assembly a report of the results of any examination carried out by the Auditor General for Wales under this paragraph.

Supplementary powers

21

The Ombudsman may do anything (including acquire or dispose of any property or rights) which is calculated to facilitate, or is conducive or incidental to, the discharge of any of the Ombudsman's functions.

Previous Ombudsman to continue to be Ombudsman

22

(1) This paragraph applies to the person who is the Ombudsman immediately before the appointed day.

(2) On and after the appointed day the person—

(a) continues to be the Ombudsman and is treated as having been appointed to that office under this Act;

(b) holds the office for seven years less a period equal to that during which the person was the Ombudsman before the appointed day.

(3) In this paragraph “the appointed day” means the day on which this paragraph comes into force.

SCHEDULE 2

1

Action taken by or with the authority of the Welsh Ministers, the First Minister for Wales, the Counsel General to the Welsh Government or a police and crime commissioner for a police area in Wales for the purpose of—

(a) the investigation or prevention of crime, or

(b) the protection of the security of the State.

2

The commencement or conduct of proceedings before a court of competent jurisdiction.

3

Action taken by a member of the administrative staff of a relevant tribunal so far as taken at the direction, or on the authority (whether express or implied), of a person acting in the capacity of a member of the tribunal.

4

Action taken in respect of appointments, removals, pay, discipline, superannuation or other personnel matters (apart from procedures for recruitment and appointment) in relation to—

(a) service in an office or employment under the Crown or under a listed authority;

(b) service in an office or employment, or under a contract for services, in respect of which power to take action in personnel matters, or to determine or approve action to be taken in personnel matters, is vested in Her Majesty or a listed authority.

5

Action relating to the determination of the amount of rent.

6

(1) Action taken by an authority specified in sub-paragraph (2) and relating to—

(a) the giving of instruction, or

(b) conduct, curriculum, internal organisation, management or discipline,

in a school or other educational establishment maintained by a local authority in Wales.

(2) The authorities are—

(a) a local authority in Wales;

(b) an admission appeal panel;

(d) an exclusion appeal panel.

7

Action taken by a Local Health Board in the discharge of its functions under—

(a) the National Health Service (Service Committees and Tribunal) Regulations 1992 (S.I.1992/664) or any instrument replacing those regulations;

(b) regulations made under section 38, 39, 41 or 42 of the National Health Service Act 1977 (c.49) by virtue of section 17 of the Health and Medicines Act 1988 (c.49) (investigations of matters relating to services).

SCHEDULE 3

SCHEDULE 4

1

The commencement or conduct of proceedings before a court of competent jurisdiction.

2

Action taken in respect of appointments or removals, pay, discipline, superannuation or other personnel matters.

SCHEDULE 5

PART 1 — Investigations

Care Standards Act 2000 (c.14)

1

Insert new section 75ZB—

(75ZB) (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.

2

Insert new section 75ZC—

(75ZC) (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.

Public Audit (Wales) Act 2004 (c.23)

3

Insert new section 67B—

(67B) 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.

Public Audit (Wales) Act 2013 (anaw 3)

4

Insert new section 29A—

(29A) (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.

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

5

In 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).

PART 2 — MISCELLANEOUS

Parliamentary Commissioner Act 1967 (c.13)

6

In 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 ”.

7

In 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 ”.

Local Government Act 1974 (c.7)

8

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

9

In 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,

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

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Local Government and Housing Act 1989 (c.42)

11

In 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 ”.

12

In 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 ”.

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

13

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

14

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Health Service Commissioners Act 1993 (c.46)

15

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

Housing Act 1996 (c.52)

16

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

17

In 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 ”.

Freedom of Information Act 2000 (c.36)

18

In 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 ”.

Local Government Act 2000 (c.22)

19

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Public Services Ombudsman (Wales) Act 2019

Information, documents, evidence and facilities

53

Obstruction and contempt

54

Reports about investigations

Investigation reports

55

Further publicity for investigation reports

56

Action following receipt of investigation reports

57

Reports: alternative procedure

58

Special reports

Circumstances in which special reports may be prepared

59

Special reports

60

Further publicity for special reports

61

Interpretation

Meaning of “care home” and “care home provider”

62

Meaning of “domiciliary care” and “domiciliary care provider”

63

Meaning of “palliative care service” and “independent palliative care provider”

64

PART 6 — INVESTIGATIONS: SUPPLEMENTARY

Consultation and co-operation

Consultation and co-operation with other ombudsmen

65

Working jointly with specified persons

66

Working collaboratively with Commissioners

67

Working with the Auditor General for Wales

68

Disclosure

Disclosure of information

69

Disclosure prejudicial to safety of State or contrary to public interest

70

Protection from defamation claims

71

PART 7 — MISCELLANEOUS AND GENERAL

Welsh language standards

Authorisation to give compliance notice to the Ombudsman in relation to Welsh language standards

72

Review of Act

Review of Act

73

Application of the 2005 Act to certain investigations

Investigations commenced before sections 3, 4, 43 and 44 come into force

74

General

Repeals, savings and consequential amendments

75

Functions of the Assembly

76

Commencement

77

Interpretation

78

Former health care providers, social landlords, social care providers and palliative care providers: modifications

79

Consequential, transitional provisions etc

80

Regulations and directions

81

Short title

82

SCHEDULE 1

Appointment

1

Status

2

Term of office

3

Acting Public Services Ombudsman for Wales