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Public Services Ombudsman (Wales) Act 2005

Type Public General Act

Publication 2005-04-07

Last updated 2018-04-01

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(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 or independent palliative care provider in respect of which a complaint has been made or referred under this Act, or

(b) includes any particulars which, in the opinion of the Ombudsman, are likely to identify any such person and which, in his 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 he thinks appropriate, the Ombudsman considers it to be in the public interest to include that information in that version of the report.

Estimates

15

(1) For each financial year other than the first financial year, the Ombudsman must prepare an estimate of the income and expenses of his 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

16

(1) The Ombudsman must—

(a) keep proper accounting records; and

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

(1A) 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.

(2) 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

17

(1) The accounts prepared by the Ombudsman for a financial year must be submitted by him 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 him under this paragraph, and

(b) no later than four months after the accounts are so submitted, lay before the Assembly a copy of them as certified by him together with his report on them.

(3) In examining accounts submitted to him under this paragraph the Auditor General for Wales must, in particular, satisfy himself that the expenditure to which the accounts relate has been incurred lawfully and in accordance with the authority which governs it.

Accounting officer

18

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

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

19

(1) The Auditor General for Wales may carry out examinations into the economy, efficiency and effectiveness with which the Ombudsman has used his resources in discharging his 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 his functions under this paragraph, the Auditor General for Wales must take into account the views of the Audit Committee as to the examinations which he 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 him under this paragraph.

Examinations by the Comptroller and Auditor General

20

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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 his functions.

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 Assembly 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 his capacity as 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

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8

Action under—

(a) the National Health Service Act 1977,

(b) Part 1 of the National Health Service and Community Care Act 1990,

(d) Part 1 of the Health and Social Care (Community Health and Standards) Act 2003,

where the action is or has been the subject of an inquiry under the Inquiries Act 2005 .

9

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 or any instrument replacing those regulations;

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

10

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SCHEDULE 3

SCHEDULE 4

1

The Local Government Act 2000 (c. 22) is amended as follows.

2

In section 49 (principles governing conduct of members of relevant authorities)—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) in subsection (5)(c), for “the Commission for Local Administration in Wales” substitute “ the Public Services Ombudsman for Wales ”.

3

In section 51 (duty of relevant authorities to adopt codes of conduct) in subsection (6)(c)(ii), for “Commission for Local Administration in Wales” substitute “ Public Services Ombudsman for Wales ”.

4

In section 53 (standards committees), in subsection (11)(k), for “the Commission for Local Administration in Wales” substitute “ the Public Services Ombudsman for Wales ”.

5

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6

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7

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8

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9

For the italic heading immediately preceding section 68 substitute “ Public Services Ombudsman for Wales ”.

10

For the heading to section 68 substitute “ Public Services Ombudsman for Wales ”.

11

In section 68—

(a) in subsection (1), for “A Local Commissioner in Wales” substitute “ The Public Services Ombudsman for Wales ”;

(b) in subsection (2), for “The Commission for Local Administration in Wales” substitute “ The Public Services Ombudsman for Wales ”;

(3) The National Assembly for Wales may by regulations make provision which, for the purpose of any provisions of the Public Services Ombudsman (Wales) Act 2005 specified in the regulations, treats— (a) functions of the Public Services Ombudsman for Wales under that Act as including his functions under this Part, or (b) expenses of the Public Services Ombudsman for Wales under that Act as including his expenses under this Part.

;

(d) in subsection (4), omit “Part 3 of”;

(e) omit subsection (5).

12

For the heading to section 69 substitute “ Investigations by the Public Services Ombudsman for Wales ”.

13

In section 69—

(a) in subsection (1), for “A Local Commissioner in Wales” substitute “ The Public Services Ombudsman for Wales ”;

(b) in subsection (2), for “a Local Commissioner in Wales” substitute “ the Public Services Ombudsman for Wales ”;

(c) in subsection (5), for “a Local Commissioner in Wales who reaches a finding under subsection (4)(c)” substitute “ if the Public Services Ombudsman for Wales reaches a finding under subsection (4)(c) he ”.

14

In section 70 (investigations: further provisions)—

(a) in subsection (2), for paragraph (b) substitute—

(b) any provisions of sections 13 to 15, 25 to 27 and 32 of the Public Services Ombudsman (Wales) Act 2005.

;

(b) in subsection (3), for “A Local Commissioner in Wales” substitute “ The Public Services Ombudsman for Wales ”;

(c) in subsections (4) and (5), for “a Local Commissioner in Wales” substitute “ the Public Services Ombudsman for Wales ”.

15

In section 71 (reports etc.)—

(a) in subsections (1) to (3), for “a Local Commissioner in Wales” substitute “ the Public Services Ombudsman for Wales ”;

(b) in subsection (4)(b), for “a Local Commissioner in Wales who reaches a finding under section 69(4)(c)” substitute “ if the Public Services Ombudsman for Wales reaches a finding under section 69(4)(c) he ”;

16

In section 72 (interim reports), in subsections (1), (3) and (4), for “a Local Commissioner in Wales” substitute “ the Public Services Ombudsman for Wales ”.

17

In section 73 (matters referred to monitoring officers) in subsection (7), for “a Local Commissioner in Wales” substitute “ the Public Services Ombudsman for Wales ”.

18

In section 74 (law of defamation), for “a Local Commissioner in Wales” substitute “ the Public Services Ombudsman for Wales ”.

19

In section 78 (decisions of interim case tribunals) in subsection (5), for “a Local Commissioner in Wales” substitute “ the Public Services Ombudsman for Wales ”.

20

In section 79 (decisions of case tribunals) in subsection (12)(a)(ii), for “the Commission for Local Administration in Wales” substitute “ the Public Services Ombudsman for Wales ”.

21

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22

In section 81 (disclosure and registration of members' interests etc.) in subsection (7)—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) at the end insert—

(c) if it is a relevant authority in Wales, inform the Public Services Ombudsman for Wales that copies of the register are so available.

23

In section 82 (code of conduct for local government employees) in subsections ... (6)(c), for “the Commission for Local Administration in Wales” substitute “ the Public Services Ombudsman for Wales ”.

24

In section 83 (interpretation of Part 3) in subsection (1)—

(a) omit the definition of “Local Commissioner in Wales”;

(b) in the definition of “the relevant Adjudication Panel” in paragraph (b), for “a Local Commissioner in Wales” substitute “ the Public Services Ombudsman for Wales ”.

SCHEDULE 5

Interpretation

1

In this Schedule—

“the commencement date” means the date on which this Schedule comes into force;

“existing authority” means each of—the Welsh Administration Ombudsman;the Health Service Commissioner for Wales;the Commission for Local Administration in Wales;a Local Commissioner who is a member of the Commission for Local Administration in Wales;the Social Housing Ombudsman for Wales;

“relevant employee” means a person who, immediately before the commencement date, was an officer or member of staff of an existing authority;

“the relevant existing authority”, in relation to a relevant employee, means the existing authority of which he was an officer or member of staff immediately before the commencement date.

Transfer of staff

2

On the commencement date each relevant employee transfers to and becomes a member of the staff of the Ombudsman.

3

The contract of employment of a relevant employee transferred under paragraph 2—

(a) is not terminated by the transfer;

(b) has effect on and after the commencement date as if originally made between the employee and the Ombudsman.

4

Accordingly—

(a) all rights, powers, duties and liabilities of the relevant existing authority under or in connection with the contract of employment are transferred to the Ombudsman on the commencement date;

(b) anything done before that date by or in relation to the relevant existing authority in respect of that contract or the relevant employee is to be treated on and after that date as having been done by or in relation to the Ombudsman.

5

But if a relevant employee informs the relevant existing authority or the Ombudsman before the commencement date that he objects to the transfer—

(a) paragraphs 2 to 4 do not apply; and

(b) the contract of employment is terminated immediately before the commencement date but the relevant employee is not to be treated, for any purpose, as having been dismissed by the relevant existing authority.

6

Paragraph 5 does not affect any right of a relevant employee to terminate his contract of employment if (apart from the change of employer) a substantial change is made to his detriment in his working conditions.

Transfer of property, rights and liabilities

7

On the commencement date all property, rights and liabilities to which each existing authority was entitled or subject immediately before that date transfer to and vest in the Ombudsman.

8

The reference in paragraph 7 to rights and liabilities does not include any rights and liabilities under a contract of employment transferred to the Ombudsman under paragraph 2.

9

Paragraph 7 has effect in relation to any property, rights and liabilities to which it applies despite any provision (of whatever nature) which would otherwise prevent, penalise or restrict their transfer.

10

Anything (including legal proceedings) which is in the process of being done by or in relation to an existing authority immediately before the commencement date and which relates to—

(a) any function of that existing authority, or

(b) any property, rights or liabilities of that existing authority transferred to the Ombudsman under paragraph 7,

may, on and after the commencement date, be continued by or in relation to the Ombudsman.

11

Anything done by an existing authority for the purpose of, or in connection with—

(a) any function of that existing authority, or

(b) any property, rights or liabilities of that existing authority transferred to the Ombudsman under paragraph 7,

and which is in effect immediately before the commencement date is to have effect on and after the commencement date as if done by the Ombudsman.

12

On and after the commencement date, the Ombudsman is to be substituted for each existing authority in any instruments, contracts or legal proceedings which relate to—

(a) any function of that existing authority, or

(b) any property, rights or liabilities of that existing authority transferred to the Ombudsman under paragraph 7,

and which are made or commenced before the commencement date.

SCHEDULE 6

Parliamentary Commissioner Act 1967 (c. 13)

1

The Parliamentary Commissioner Act 1967 is amended as follows.

2

In section 3 (administrative provisions) in subsection (2), for “of the Welsh Administration Ombudsman or of the Health Service Commissioner for Wales” substitute “ of the Public Services Ombudsman for Wales ”.

3

In section 4 (departments etc. subject to investigation) in subsection (3A), for “by the Welsh Administration Ombudsman under Schedule 9 to the Government of Wales Act 1998” substitute “ by the Public Services Ombudsman for Wales under the Public Services Ombudsman (Wales) Act 2005 ”.

4

In section 11 (provision for secrecy of information) in subsection (2A)—

(a) for “holds office as Welsh Administration Ombudsman or a Health Service Commissioner” substitute “ holds office as the Health Service Commissioner for England ”;

(b) for “in his capacity as Welsh Administration Ombudsman or a Health Service Commissioner” substitute “ in his capacity as the Health Service Commissioner for England ”.

5

(1) Section 11A is amended as follows.

(2) In subsection (1)—

(a) for the words from “the Welsh Administration Ombudsman” to “the Health Service Commissioner for England or Wales” substitute “ the Public Services Ombudsman for Wales, the Scottish Public Services Ombudsman or the Health Service Commissioner for England ”;

(b) in paragraph (b), for the words from “Government of Wales” to “Health Service” substitute “ Public Services Ombudsman (Wales) Act 2005 or the Health Service ”.

(3) In subsection (2), for the words from “Welsh Administration Ombudsman” to “Health Service Commissioner” substitute “ Public Services Ombudsman for Wales, the Scottish Public Services Ombudsman or the Health Service Commissioner for England ”.

Superannuation Act 1972 (c. 11)

6

In Schedule 1 to the Superannuation Act 1972 (kinds of employment etc. referred to in section 1)—

(a) omit “Health Service Commissioner for Wales”;

(b) omit “The Local Commissioner for Wales”;

Local Government Act 1974 (c. 7)

7

The Local Government Act 1974 is amended as follows.

8

(1) Section 23 (the Commissions for Local Administration) is amended as follows.

(2) In subsection (1)—

(a) omit paragraph (b) and the word “and” immediately preceding it;

(b) for “each of the Commissions” substitute “ the Commission ”.

(3) In subsection (2), for “each of the Commissions” substitute “ the Commission ”.

(4) In subsection (3), for “one of the Commissions” substitute “ the Commission ”.

(5) Omit subsection (3A).

(6) In subsection (7), omit the words from “and, in the event” to the end.

(7) In subsection (8), omit the words from “; and where the” to “similar way in Wales”.

(8) In subsection (10)—

(a) for “Each of the Commissions” substitute “ The Commission ”;

(b) in paragraph (a), omit the words from “including” to “that other Commission”.

(9) In subsection (11)—

(a) for the words from “his Commission” to “submit it to the other Commission”, substitute “ the Commission ”;

(b) omit “to the appropriate Commission”.

(10) In subsection (12)—

(a) for “the Commissions” substitute “ the Commission ”;

(b) omit “or the National Assembly for Wales”.

(11) In subsection (12A), for “Each of the Commissions” substitute “ The Commission ”.

(12) In subsection (12B), in paragraph (a) omit the words “in England or, as the case may be, authorities in Wales”.

(13) In subsection (13), for “the Commissions” substitute “ the Commission ”.

9

(1) Section 23A (annual reports for representatives etc.) is amended as follows.

(2) In subsection (1)—

(a) for “each of the Commissions” substitute “ the Commission ”;

(b) in paragraph (a), omit the words “in England or, as the case may be, authorities in Wales”.

(3) In subsection (2), for “each Commission” substitute “ the Commission ”.

(4) In subsection (3), for “Each Commission” substitute “ The Commission ”.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) Omit subsection (6).

10

In section 25(1) (authorities subject to investigation)—

(a) in paragraph (ab), at the end insert “ for a National Park in England ”;

(b) in paragraph (bd), at the end insert “ for an urban development area in England ”;

(d) in paragraph (bg), after “fire and rescue authority” insert “ in England ”;

(e) in paragraph (ca), after “Police Act 1996” insert “ for a police area in England ”;

(f) in paragraph (d), at the end insert “ for an area wholly or partly in England ”.

11

(1) Section 26 (matters subject to investigation) is amended as follows.

(2) In subsection (6)(b), omit “or the National Assembly for Wales”.

(3) After subsection (6) insert—

(6A) A Local Commissioner shall not conduct an investigation under this Part of this Act in respect of any action taken in connection with the discharge by an authority of any of the authority's functions otherwise than in relation to England.

12

(1) Section 29 (investigations: further provisions) is amended as follows.

(2) In subsection (3), omit “or the National Assembly for Wales”.

(3) in subsection (5)—

(a) omit paragraph (aa);

(b) in paragraph (b), for “or the Health Service Commissioner for Wales, or by any of their officers” substitute “ or by any of his officers ”;

, or (c) the restriction imposed by section 26 of the Public Services Ombudsman (Wales) Act 2005.

13

(1) Section 32 (law of defamation and disclosure of information) is amended as follows.

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

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) In subsection (5)—

(a) omit “or the National Assembly for Wales”;

(b) omit “or a member of the Assembly's staff”;

14

Omit section 32A (use of information by Local Commissioner in other capacity).

15

(1) Section 33 (consultation between Local Commissioner and other commissioners and ombudsmen) is amended as follows.

(2) In subsection (1)—

(a) omit paragraphs (aa) and (aza);

(b) in paragraph (b), omit “or the Health Service Commissioner for Wales”;

(ba) by the Public Services Ombudsman for Wales, in accordance with the Public Services Ombudsman (Wales) Act 2005;

;

(d) omit “under the Housing Act 1996, under the Government of Wales Act 1998,”;

(e) after “the Act of 1993” insert “ , the Public Services Ombudsman (Wales) Act 2005 ”.

(3) In subsection (2)—

(a) for the words from “the Social” to “Welsh Administration Ombudsman” substitute “ the Public Services Ombudsman for Wales ”;

(b) for “one of the Health Service Commissioners” substitute “ the Health Service Commissioner for England ”.

(4) In subsection (5)—

(a) omit “in paragraph 13(1) of Schedule 2A to the Housing Act 1996”;

(b) for “paragraph 25(1) of Schedule 9 to the Government of Wales Act 1998” substitute “ section 26 of the Public Services Ombudsman (Wales) Act 2005 ”.

16

(1) Section 34(1) (interpretation of Part 3) is amended as follows.

(2) For the definition of “the Commissions” substitute—

“the Commission” means the Commission for Local Administration in England,

(3) In the definition of “local authority”—

(a) after “a county council” insert “ in England ”;

(b) omit “a Welsh county council, a county borough council”.

17

For the title to Schedule 4, substitute “ The Commission ”.

18

(1) Schedule 4 is amended as follows.

(2) in paragraph 1(3) (disqualifications), omit the words “or in the office of Social Housing Ombudsman for Wales”.

(3) In paragraph 2(2), omit the words from “and, if the Commissioner for Local Administration in Wales” to the end.

(4) In paragraph 3—

(a) in sub-paragraph (1), for “Each Commission” substitute “ The Commission ”;

(b) in sub-paragraph (2), for “the appropriate Commission” substitute “ the Commission ”.

(5) In paragraph 4—

(a) in sub-paragraph (1), for “Each of the Commissions” substitute “ The Commission ”;

(b) in sub-paragraph (2), for “Each of the Commissions” substitute “ The Commission ”;

(d) omit sub-paragraph (4).

(6) In the heading before paragraph 5, for “the Commissions” substitute “ the Commission ”.

(7) In paragraph 5—

(a) in sub-paragraph (1), for “The Commissions” substitute “ The Commission ”;

(b) in sub-paragraph (2), for “either Commission” substitute “ the Commission ”;

(8) In the heading before paragraph 6, for “the Commissions” substitute “ the Commission ”.

(9) In paragraph 6, in sub-paragraphs (1), (2) and (3), omit “for Local Administration in England”.

(10) Omit paragraph 6A.

(11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(12) In paragraph 8, omit “for Local Administration in England”.

(13) Omit paragraph 8A.

House of Commons Disqualification Act 1975 (c. 24)

19

In Schedule 1 to the House of Commons Disqualification Act 1975 (offices disqualifying for membership)—

(a) in Part 2, omit “The Commission for Local Administration in Wales.”;

(b) in Part 3—

(i) omit “Health Service Commissioner for Wales.”;

(ii) at the appropriate place insert “ Public Services Ombudsman for Wales. ”;

(iii) omit “Welsh Administration Ombudsman.”.

National Health Service Act 1977 (c. 49)

20

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Mental Health Act 1983 (c. 20)

21

In section 134 of the Mental Health Act 1983 (correspondence of patients), in subsection (3)(c)—

(a) for “the Welsh Administration Ombudsman” substitute “ the Public Services Ombudsman for Wales ”;

(b) omit “, the Health Service Commissioner for Wales”.

Finance Act 1989 (c. 26)

22

In section 182 of the Finance Act 1989 (disclosure of information)—

(a) in subsection (4)(a), for sub-paragraph (iv) substitute—

(iv) of the Public Services Ombudsman for Wales and any member of his staff, or

;

(b) in subsection (6), for “the Welsh Administration Ombudsman” substitute “ the Public Services Ombudsman for Wales ”;

Local Government and Housing Act 1989 (c. 42)

23

The Local Government and Housing Act 1989 is amended as follows.

24

(1) Section 5 (designation and reports of monitoring officer) is amended as follows.

(2) In subsection (2), after paragraph (b) insert

; or (c) a matter which the Public Services Ombudsman for Wales would be entitled to investigate under the Public Services Ombudsman (Wales) Act 2005,

(3) After subsection (2A) insert—

(2AA) No duty shall arise by virtue of subsection (2)(c) above unless the Public Services Ombudsman for Wales has conducted an investigation under the Public Services Ombudsman (Wales) Act 2005 in relation to the proposal, decision or omission concerned.

25

(1) Section 5A (reports of monitoring officer: local authorities operating executive arrangements) is amended as follows.

(2) In subsection (3), after paragraph (b) insert

; or (c) a matter which the Public Services Ombudsman for Wales would be entitled to investigate under the Public Services Ombudsman (Wales) Act 2005.

(3) After subsection (4) insert—

(4A) No duty shall arise by virtue of subsection (3)(c) above unless the Public Services Ombudsman for Wales has conducted an investigation under the Public Services Ombudsman (Wales) Act 2005 in relation to the proposal, decision or omission concerned.

26

In section 123 of the Social Security Administration Act 1992 (unauthorised disclosure of information relating to particular persons) in subsection (8)—

(a) omit paragraphs (f), (hb) and (hd);

(b) before paragraph (i) insert—

(he) the Public Services Ombudsman for Wales and any member of his staff;

Health Service Commissioners Act 1993 (c. 46)

27

The Health Service Commissioners Act 1993 is amended as follows.

28

In the heading before section 1, for “Commissioners” substitute “ Commissioner ”.

29

For the heading to section 1, substitute “ The Commissioner ”.

30

(1) Section 1 is amended as follows.

(2) In subsection (1), omit paragraph (b).

(3) In subsection (2)—

(a) for “a Commissioner” substitute “ the Commissioner ”;

(b) for “any of the Commissioners” substitute “ the Health Service Commissioner for England ”.

(4) In subsection (3), omit the words from “for England” to the end.

31

(1) Section 2 (the bodies subject to investigation) is amended as follows.

(2) In subsection (1), for “the Health Service Commissioner for England” substitute “ the Commissioner ”.

(3) Omit subsection (2).

(4) For subsection (6) substitute—

(6) A designation made for the purposes of subsection (5)(b) shall be made by Order in Council; and a statutory instrument containing an Order in Council made by virtue of this subsection shall be subject to annulment in pursuance of a resolution of either House of Parliament.

32

(1) Section 2A (health service providers subject to investigation) is amended as follows.

(2) In subsection (1), for “the Health Service Commissioner for England” substitute “ the Commissioner ”.

(3) Omit subsection (2).

(4) In subsection (4), for “subsection (1) or (2)” substitute “ subsection (1) ”.

33

(1) Section 2B (independent providers subject to investigation) is amended as follows.

(2) In subsection (1), for “the Health Service Commissioner for England” substitute “ the Commissioner ”.

(3) Omit subsections (2) and (2A).

(4) In subsection (4), for “subsection (1)(a) or (2)(a)” substitute “ subsection (1)(a) ”.

(5) In subsection (5), for “subsection (1) or (2)” substitute “ subsection (1) ”.

34

In the heading to section 3, for “Commissioners” substitute “ Commissioner ”.

35

(1) Section 3 is amended as follows.

(2) In subsections (1), (1A), (1C), (1E), (2), (3), (4), (5) and (6), for “a Commissioner” substitute “ the Commissioner ”.

(3) Omit subsection (1YA).

36

(1) Section 4 (availability of other remedy) is amended as follows.

(2) In subsections (1) and (2), for “A Commissioner” substitute “ The Commissioner ”.

(3) In subsection (5), for “a Commissioner” substitute “ the Commissioner ”.

37

In section 6 (general health services and service committees) in subsections (3) and (5)—

(a) for “A Commissioner” substitute “ The Commissioner ”;

(b) omit “or Health Authority”.

38

(1) Section 7 (personnel, contracts etc.) is amended as follows.

(2) In subsection (1)—

(a) for “A Commissioner” substitute “ The Commissioner ”;

(b) omit “or service as a member of the staff of the Assembly”.

(3) In subsection (2), for “A Commissioner” substitute “ The Commissioner ”.

(4) In subsection (3), for “the Health Service Commissioners for England and for Wales” substitute “ the Commissioner ”.

(5) In subsection (3A), for “A Commissioner” substitute “ The Commissioner ”.

(6) In subsections (3B) and (4), for “a Commissioner” substitute “ the Commissioner ”.

39

(1) Section 9 (requirements to be complied with) is amended as follows.

(2) In subsection (1), for “a Commissioner” substitute “ the Commissioner ”.

(3) In subsection (4A), for “section 2A(1) or (2)” substitute “ section 2A(1) ”.

(4) In subsection (4B), for “section 2B(1) or (2)” substitute “ section 2B(1) ”.

40

(1) Section 10 (referral of complaint by health service body) is amended as follows.

(2) In subsections (1), (4) and (5), for “a Commissioner” substitute “ the Commissioner ”.

(3) Omit subsection (2A).

41

(1) Section 11 (procedure in respect of investigations) is amended as follows.

(2) In subsections (1), (1A), (1B), and (1C), for “a Commissioner” substitute “ the Commissioner ”.

(3) In subsection (4)—

(a) for “A Commissioner” substitute “ The Commissioner ”;

(b) for “the Health Service Commissioner for England” substitute “ the Commissioner ”;

42

In section 12 (evidence) in subsections (1), (1A) and (2), for “a Commissioner” substitute “ the Commissioner ”.

43

In section 13 (obstruction and contempt), in subsection (1), for “A Commissioner” substitute “ The Commissioner ”.

44

For the heading to section 14 substitute “ Reports by the Commissioner ”.

45

(1) Section 14 is amended as follows.

(2) In subsections (1), (2), (2A), (2B), (2C), (2D), (2E), (2F), (3) and (5), for “the Health Service Commissioner for England” substitute “ the Commissioner ”.

(3) In subsection (4), for “The Health Service Commissioner for England” substitute “ The Commissioner ”.

46

Omit sections 14A to 14C (reports by the Welsh Commissioner).

47

(1) Section 15 (confidentiality of information) is amended as follows.

(2) In subsection (1), for each occurrence of “a Commissioner” substitute “ the Commissioner ”.

(3) In subsections (1A), (1C) and (2), for “a Commissioner” substitute “ the Commissioner ”.

(4) In subsection (3)—

(a) for “a Commissioner's” substitute “ the Commissioner's ”;

(b) omit “or paragraph 6(6) of Schedule 1A”.

48

In section 16 (information prejudicial to the safety of the State) in subsections (1) and (2), for “a Commissioner” substitute “ the Commissioner ”.

49

(1) Section 17 (use of information by Commissioner in other capacity) is amended as follows.

(2) In subsection (1)—

(a) for “a Commissioner” substitute “ the Commissioner ”;

(b) omit the words from “any of the other offices” to “Welsh Administration Ombudsman or”.

(3) Omit subsection (3).

50

(1) Section 18 (consultation during investigations) is amended as follows.

(2) In subsection (1)—

(a) for “a Commissioner” substitute “ the Commissioner ”;

(b) omit paragraph (a);

(ba) by the Public Services Ombudsman for Wales under the Public Services Ombudsman (Wales) Act 2005,

;

(d) omit paragraph (e) and the word “or” immediately preceding it.

(3) In subsection (2)—

(a) for “a Commissioner” substitute “ the Commissioner ”;

(b) for “the Ombudsman” substitute “ the Public Services Ombudsman for Wales ”.

51

In section 18A (disclosure of information to Information Commissioner) in subsection (1) for “The Health Service Commissioner for England or the Health Service Commissioner for Wales” substitute “ The Health Service Commissioner ”.

52

(1) Section 19 (interpretation) is amended as follows.

(2) Omit the definitions of “financial year” and “first financial year of the Assembly”.

(3) In the definition of “officer” omit “and, in the case of the Health Service Commissioner for Wales, any member of his staff”.

53

(1) Schedule 1 is amended as follows.

(2) Omit paragraph A1.

(3) In the heading before paragraph 1, for “Commissioners” substitute “ Commissioner ”.

(4) In paragraph 1(1) and (2), for “a Commissioner” substitute “ the Commissioner ”.

(5) In paragraph 3—

(a) in sub-paragraph (1), for “a Commissioner” substitute “ the Commissioner ”;

(b) in sub-paragraph (2), for “section 2(1) or (2)” substitute “ section 2(1) ”.

(6) In paragraph 3A—

(a) in sub-paragraph (1), for “a Commissioner” substitute “ the Commissioner ”;

(b) in sub-paragraph (2), for “section 2A(1) or (2)” substitute “ section 2A(1) ”.

(7) In paragraphs 4, 5 and 7, for “a Commissioner” substitute “ the Commissioner ”.

(8) In paragraph 11(1), for “A Commissioner” substitute “ The Commissioner ”.

(9) In paragraph 12—

(a) for “a Commissioner” substitute “ the Commissioner ”;

(b) for “the Health Service Commissioner for Wales, the Parliamentary Commissioner or the Welsh Administration Ombudsman” substitute “ the Parliamentary Commissioner or the Public Services Ombudsman for Wales ”.

(10) In paragraph 13—

(a) in sub-paragraph (1), for “a Commissioner” substitute “ the Commissioner ”;

(b) in sub-paragraph (2), for “A Commissioner” substitute “ The Commissioner ”.

(11) In paragraph 14, for “a Commissioner” substitute “ the Commissioner ”.

54

Omit Schedule 1A (the Welsh Commissioner).

Deregulation and Contracting Out Act 1994 (c. 40)

55

In section 79(1) of the Deregulation and Contracting Out Act 1994 (interpretation of Part 2), in the definition of “office-holder”—

(a) for “the Welsh Administration Ombudsman” substitute “ the Public Services Ombudsman for Wales ”;

(b) omit “or for Wales”.

Housing Act 1996 (c. 52)

56

The Housing Act 1996 is amended as follows.

57

In section 51(7) (schemes for investigation of housing complaints), for “section 51C” substitute “ section 41 of the Public Services Ombudsman (Wales) Act 2005 ”.

58

Omit sections 51A to 51C and Schedule 2A (the Social Housing Ombudsman for Wales).

Audit Commission Act 1998 (c. 18)

59

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

Data Protection Act 1998 (c. 29)

60

In section 31 of the Data Protection Act 1998 (regulatory activity), in subsection (4)(a)—

(a) in sub-paragraph (ii), omit “or, the Commission for Local Administration in Wales”;

(b) in sub-paragraph (iii), omit “or, the Health Service Commissioner for Wales”;

(iv) the Public Services Ombudsman for Wales,

Government of Wales Act 1998 (c. 38)

61

The Government of Wales Act 1998 is amended as follows.

62

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

63

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

64

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

65

Omit section 111 (Welsh Administration Ombudsman).

66

In section 144 (accounts, audit and reports), in subsection (8)(a)—

(a) for “the Welsh Administration Ombudsman” substitute “ the Public Services Ombudsman for Wales ”;

(b) omit “the Health Service Commissioner for Wales,”.

67

In section 146 (transfer etc. of functions from Comptroller and Auditor General), in subsection (2)(b)—

(a) for “the Welsh Administration Ombudsman” substitute “ the Public Services Ombudsman for Wales ”;

(b) omit “the Health Service Commissioner for Wales,”.

68

In section 156 (defined expressions), omit the entry for the Welsh Administration Ombudsman.

69

Omit Schedule 9 (Welsh Administration Ombudsman).

Freedom of Information Act 2000 (c. 36)

70

The Freedom of Information Act 2000 is amended as follows.

71

In section 76(1) (disclosure of information between Information Commission and ombudsmen), in the table—

(a) omit the entries relating to the Health Service Commissioner for Wales and the Social Housing Ombudsman for Wales;

(b) for the entry relating to the Welsh Administration Ombudsman substitute—

The Public Services Ombudsman for Wales	Part 2 of the Public Services Ombudsman (Wales) Act 2005

72

In Schedule 1 (public authorities), in Part 6—

(a) omit “The Commission for Local Administration in Wales”, “The Health Service Commissioner for Wales” and “The Welsh Administration Ombudsman”;

(b) at the appropriate place, insert “ The Public Services Ombudsman for Wales ”.

Scottish Public Services Ombudsman Act 2002 (asp 11)

73

In section 21(1) of the Scottish Public Services Ombudsman Act 2002 (consultation and co-operation with other commissioners and ombudsmen)—

(a) in paragraph (b), for “either of the Health Service Commissioners” substitute “ the Health Service Commissioner ”;

(b) for paragraph (c) substitute—

(c) by the Public Services Ombudsman for Wales under the Public Services Ombudsman (Wales) Act 2005,

74

The Health and Social Care (Community Health and Standards) Act 2003 is amended as follows.

75

In section 113 (complaints about health care) in subsection (4)—

(a) in paragraph (a), at the beginning insert “ in the case of regulations under subsection (1), ”;

(b) after paragraph (a) insert—

(aa) in the case of regulations under subsection (2), to be referred to the Public Services Ombudsman for Wales for him to consider whether to investigate the complaint or matter under the Public Services Ombudsman (Wales) Act 2005 (and to be treated by him as a complaint duly referred to him under section 2(3) of that Act);

76

In section 114 (complaints about social services) in subsection (5)—

(a) in paragraph (a), omit “who is a member of the Commission for Local Administration in England”;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

77

In section 54 of the Public Audit (Wales) Act 2004 (restriction on disclosure of information) in subsection (2)(d), for “a Local Commissioner in Wales” substitute “ the Public Services Ombudsman for Wales ”.

SCHEDULE 7

Consultation and co-operation with other ombudsmen

Alternative resolution of complaints

25A

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

Obstruction and contempt

25B

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

Disclosure of information

Disclosure prejudicial to safety of State or contrary to public interest

Orders, regulations and directions

Appointment

Status

Term of office

Acting Public Services Ombudsman for Wales

Disqualification

Remuneration etc.

Special financial provisions

Staff

Advisers

Delegation

Annual and extraordinary reports

Estimates

Accounts

Audit

Accounting officer

Examinations into the use of resources

Examinations by the Comptroller and Auditor General

Supplementary powers

Government of Wales

Local government, fire and police

Environment

Health and social care

Housing

Education and training

Arts and leisure

Miscellaneous

Interpretation

Transfer of staff

Transfer of property, rights and liabilities

Parliamentary Commissioner Act 1967 (c. 13)

Superannuation Act 1972 (c. 11)

Local Government Act 1974 (c. 7)

House of Commons Disqualification Act 1975 (c. 24)

National Health Service Act 1977 (c. 49)

Mental Health Act 1983 (c. 20)

Finance Act 1989 (c. 26)

Local Government and Housing Act 1989 (c. 42)

Health Service Commissioners Act 1993 (c. 46)

Deregulation and Contracting Out Act 1994 (c. 40)

Housing Act 1996 (c. 52)

Audit Commission Act 1998 (c. 18)

Data Protection Act 1998 (c. 29)

Government of Wales Act 1998 (c. 38)

Freedom of Information Act 2000 (c. 36)

Scottish Public Services Ombudsman Act 2002 (asp 11)

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

Editorial notes

S. 1 wholly in force at 1.4.2006; s. 1 not in force at Royal Assent see s. 40; s. 1 in force for certain purposes at 12.10.2005 and wholly in force at 1.4.2006 by S.I. 2005/2800, arts. 3(a), 5(1)(3), Sch. 1 Pt. 1

Words in s. 7(3)(b) substituted by Government of Wales Act 2006 (c. 32), s. 160(1), Sch. 10 para. 68 (with Sch. 11 para. 22), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) of the amending Act, which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(1)(4)(5) of the amending Act.

Words in s. 8(2) substituted by Government of Wales Act 2006 (c. 32), s. 160(1), Sch. 10 para. 69 (with Sch. 11 para. 22), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) of the amending Act, which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(1)(4)(5) of the amending Act.

Words in s. 9(1)(b) substituted by Government of Wales Act 2006 (c. 32), s. 160(1), Sch. 10 para. 70 (with Sch. 11 para. 22), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) of the amending Act, which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(1)(4)(5) of the amending Act.

Words in s. 10 substituted by Government of Wales Act 2006 (c. 32), s. 160(1), Sch. 10 para. 71(2) (with Sch. 11 para. 22), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) of the amending Act, which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(1)(4)(5) of the amending Act.

S. 10(3A) inserted by Government of Wales Act 2006 (c. 32), s. 160(1), Sch. 10 para. 71(3) (with Sch. 11 para. 22), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) of the amending Act, which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(1)(4)(5) of the amending Act.

S. 12(9) repealed by Government of Wales Act 2006 (c. 32), ss. 160(1), 163, Sch. 10 para. 72, Sch. 12 (with Sch. 11 para. 22), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) of the amending Act, which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(1)(4)(5) of the amending Act.

Words in s. 13(4)(b) substituted (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 208(1), 211(2), Sch. 21 para. 151(a) (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(h)

S. 13(4A) inserted (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 208(1), 211(2), Sch. 21 para. 151(b) (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(h)

Words in s. 16(2)(f) substituted by Government of Wales Act 2006 (c. 32), s. 160(1), Sch. 10 para. 73(2)(a) (with Sch. 11 para. 22), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) of the amending Act, which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(1)(4)(5) of the amending Act.

Words in s. 16(2)(f) substituted by Government of Wales Act 2006 (c. 32), s. 160(1), Sch. 10 para. 73(2)(b) (with Sch. 11 para. 22), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) of the amending Act, which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(1)(4)(5) of the amending Act.

S. 16(9) repealed by Government of Wales Act 2006 (c. 32), ss. 160(1), 163, Sch. 10 para. 73(3), Sch. 12 (with Sch. 11 para. 22), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) of the amending Act, which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(1)(4)(5) of the amending Act.

S. 21(11) repealed by Government of Wales Act 2006 (c. 32), ss. 160(1), 163, Sch. 10 para. 74, Sch. 12 (with Sch. 11 para. 22), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) of the amending Act, which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(1)(4)(5) of the amending Act.

S. 23(6) repealed by Government of Wales Act 2006 (c. 32), s. 160(1), 163, Sch. 10 para. 75, Sch. 12 (with Sch. 11 para. 22), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) of the amending Act, which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(1)(4)(5) of the amending Act.

Words in s. 24 sidenote substituted by Government of Wales Act 2006 (c. 32), s. 160(1), Sch. 10 para. 76(6) (with Sch. 11 para. 22), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) of the amending Act, which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(1)(4)(5) of the amending Act.

Words in s. 24(1) substituted by Government of Wales Act 2006 (c. 32), s. 160(1), Sch. 10 para. 76(2) (with Sch. 11 para. 22), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) of the amending Act, which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(1)(4)(5) of the amending Act.

Words in s. 24(2) substituted by Government of Wales Act 2006 (c. 32), s. 160(1), Sch. 10 para. 76(3)(a) (with Sch. 11 para. 22), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) of the amending Act, which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(1)(4)(5) of the amending Act.

S. 24(2)(b) repealed by virtue of Government of Wales Act 2006 (c. 32), ss. 160(1), 163, Sch. 10 para. 76(3)(b), Sch. 12 (with Sch. 11 para. 22), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) of the amending Act, which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(1)(4)(5) of the amending Act.

S. 24(2A) inserted by Government of Wales Act 2006 (c. 32), s. 160(1), Sch. 10 para. 76(4) (with Sch. 11 para. 22), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) of the amending Act, which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(1)(4)(5) of the amending Act.

S. 24(3) repealed by Government of Wales Act 2006 (c. 32), ss. 160(1), 163, Sch. 10 para. 76(5), Sch. 12 (with Sch. 11 para. 22), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) of the amending Act, which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(1)(4)(5) of the amending Act.

Words in s. 28(2)(4) substituted by Government of Wales Act 2006 (c. 32), s. 160(1), Sch. 10 para. 78(2) (with Sch. 11 para. 22), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) of the amending Act, which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(1)(4)(5) of the amending Act.

S. 28(4A) inserted by Government of Wales Act 2006 (c. 32), s. 160(1), Sch. 10 para. 78(3) (with Sch. 11 para. 22), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) of the amending Act, which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(1)(4)(5) of the amending Act.

Words in s. 29(1) substituted by Government of Wales Act 2006 (c. 32), s. 160(1), Sch. 10 para. 79(2) (with Sch. 11 para. 22), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) of the amending Act, which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(1)(4)(5) of the amending Act.

Words in s. 29(2)(b) substituted by Government of Wales Act 2006 (c. 32), s. 160(1), Sch. 10 para. 79(3) (with Sch. 11 para. 22), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) of the amending Act, which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(1)(4)(5) of the amending Act.

Words in s. 29(3)(a)(b) substituted by Government of Wales Act 2006 (c. 32), s. 160(1), Sch. 10 para. 79(4)(a) (with Sch. 11 para. 22), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) of the amending Act, which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(1)(4)(5) of the amending Act.

Words in s. 29(3)(c) substituted by Government of Wales Act 2006 (c. 32), s. 160(1), Sch. 10 para. 79(4)(b) (with Sch. 11 para. 22), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) of the amending Act, which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(1)(4)(5) of the amending Act.

Words in s. 29(5)(a) substituted by Government of Wales Act 2006 (c. 32), s. 160(1), Sch. 10 para. 79(5)(a) (with Sch. 11 para. 22), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) of the amending Act, which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(1)(4)(5) of the amending Act.

Words in s. 29(5)(b) substituted by Government of Wales Act 2006 (c. 32), s. 160(1), Sch. 10 para. 79(5)(b) (with Sch. 11 para. 22), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) of the amending Act, which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(1)(4)(5) of the amending Act.

Words in s. 30(1) substituted by Government of Wales Act 2006 (c. 32), s. 160(1), Sch. 10 para. 80(2)(a) (with Sch. 11 para. 22), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) of the amending Act, which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(1)(4)(5) of the amending Act.

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