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Commissioner for Older People (Wales) Act 2006

Type Public General Act

Publication 2005-07-25

State In force

Department Statute Law Database

Source legislation.gov.uk

Reform history JSON API

Establishment

The Commissioner for Older People in Wales

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(1) There is to be a Commissioner for Older People in Wales or Comisiynydd Pobl Hŷn Cymru (in this Act referred to as “the Commissioner”).

(2) Schedule 1 makes further provision about the Commissioner.

Functions

General functions

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(1) The Commissioner may—

(a) promote awareness of the interests of older people in Wales and of the need to safeguard those interests;

(b) promote the provision of opportunities for, and the elimination of discrimination against, older people in Wales;

(d) keep under review the adequacy and effectiveness of law affecting the interests of older people in Wales.

(2) The powers conferred by subsection (1) are exercisable only in relation to fields in which functions are exercisable by the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government.

(3) The Commissioner may consider, and make representations to the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government about, any matter relating to the interests of older people in Wales.

Review of discharge of functions

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(1) For the purpose of safeguarding and promoting the interests of older people in Wales, the Commissioner may review the effect on them of—

(a) the discharge or proposed discharge of a function of the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government, including the making or proposed making of subordinate legislation;

(b) a failure by the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government to discharge a function;

(d) a failure by such a person to discharge a relevant function in relation to Wales.

(2) A relevant function is—

(a) in the case of a person who is a family health service provider in Wales, a function dischargeable in relation to the provision of any of the family health services which the person has entered into a contract, undertaken, or made arrangements, to provide;

(b) in the case of a person who is an independent provider in Wales, a function dischargeable in relation to the provision of any of the independently provided services which the person has made arrangements to provide;

(3) “Subordinate legislation” has the same meaning as in the Interpretation Act 1978 (c. 30).

(4) The references in subsection (1) to the discharge of a function, or a failure to do so, include the discharge of a function, or a failure to do so, at a time before this section comes into force.

Power to amend Schedule 2

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(1) The Welsh Ministers may by order amend Schedule 2 by—

(a) adding a person;

(b) omitting a person;

(2) An order under subsection (1) may add a person to Schedule 2 only if—

(a) the person has functions dischargeable in relation to Wales,

(b) some or all of the person's functions are in a field in which functions are exercisable by the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government,

(c) the person is established by or under an enactment or by virtue of Her Majesty's prerogative or in any other way by a Minister of the Crown, a government department, the Welsh Ministers, the First Minister for Wales, the Counsel General to the Welsh Assembly Government or another person mentioned in Schedule 2, and

(d) at least half of the person's expenditure on the discharge of its functions in relation to Wales is met directly from payments made by the Welsh Ministers.

(3) But an order under subsection (1) may add a person to Schedule 2 even if the person does not satisfy the condition in subsection (2)(d), if the Secretary of State consents.

(4) An order under subsection (1) may not add to Schedule 2 a person whose sole or main activity is—

(a) the investigation of complaints by members of the public about the actions of any person, or

(b) the supervision or review of, or of steps taken following, such an investigation.

(5) An order under subsection (1) must make provision about which of the functions of a person mentioned in Schedule 2 and specified in the order are to be relevant functions for the purposes of section 3.

(6) The provision that may be made by virtue of subsection (5) includes provision amending section 3.

(7) But a function may be specified as a relevant function by virtue of subsection (5) only if it is in a field in which functions are exercisable by the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government.

Review of arrangements

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(1) The Commissioner may review—

(a) any arrangements mentioned in subsection (2), and

(b) the operation of any such arrangements,

for the purpose of ascertaining whether, and to what extent, the arrangements are effective in safeguarding and promoting the interests of relevant older people in Wales.

(2) The arrangements are—

(a) advocacy arrangements;

(b) complaints arrangements;

(3) The Commissioner may also assess the effect on relevant older people in Wales of a person's failure to make any such arrangements.

(4) Advocacy arrangements are arrangements made by a person for making persons available—

(a) to represent the views and wishes of relevant older people in Wales;

(b) to provide relevant older people in Wales with advice and support of a prescribed kind.

(5) Complaints arrangements are arrangements made by a person falling within section 6(3) for dealing with complaints or representations which are made—

(a) by or on behalf of a relevant older person in Wales, and

(b) in respect of relevant services provided to relevant older people in Wales by or on behalf of the person who has made the arrangements.

(6) Whistle-blowing arrangements are arrangements made by a person falling within section 6(3) for ensuring that proper action is taken in response to a disclosure of potentially adverse information.

(7) Information is potentially adverse if it may tend to show that, in the course of, or in connection with, the provision of relevant services, any of the following has occurred—

(a) a criminal offence has been committed;

(b) a person has failed to comply with a legal obligation to which he is subject;

(d) the dignity of a person has been violated;

(e) information tending to show a matter falling within any of paragraphs (a) to (d) has been deliberately concealed.

Review of arrangements: supplementary

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(1) This section applies for the purposes of section 5.

(2) Relevant older people in Wales are older people—

(a) to or in respect of whom regulated services in Wales are provided, or

(b) to or in respect of whom relevant services (within the meaning of subsection (4)) are provided by or on behalf of, or under arrangements with, a person mentioned in Schedule 3.

(3) The persons falling within this subsection are—

(a) the Welsh Ministers;

(aa) the First Minister for Wales;

(ab) the Counsel General to the Welsh Assembly Government;

(b) a person providing regulated services in Wales;

(d) a person providing services in Wales on behalf of, or under arrangements with, a person mentioned in Schedule 3.

(4) A relevant service is—

(a) in the case of the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government, any service which they provide;

(b) in the case of a person providing regulated services in Wales, any of those services;

(c) in the case of a person who is a family health service provider in Wales, any of the family health services which the person provides;

(d) in the case of a person who is an independent provider in Wales, any of the independently provided services which the person provides;

(e) in the case of any other person mentioned in Schedule 3, any service the person provides;

(f) in the case of a person falling within subsection (3)(d), any service which—

(i) the person provides in Wales on behalf of, or under arrangements with, a person mentioned in Schedule 3; and

(ii) would, if provided by the person mentioned in Schedule 3, be a relevant service falling within paragraphs (c) to (e).

(5) Regulations may confer power on the Commissioner to require prescribed persons to provide any information which the Commissioner thinks it necessary or expedient to have for either or both of the following purposes—

(a) the purposes of his functions under section 5;

(b) the purposes of determining whether a recommendation made in a report following the discharge of his functions under section 5 has been complied with.

Power to amend Schedule 3

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(1) The Welsh Ministers may by order amend Schedule 3 by—

(a) adding a person;

(b) omitting a person;

(2) An order under subsection (1) may add a person to Schedule 3 only if—

(a) the person provides a service in Wales,

(b) the service is in a field in which functions are exercisable by the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government,

(c) the person is established by or under an enactment or by virtue of Her Majesty's prerogative or in any other way by a Minister of the Crown, a government department, the Welsh Ministers, the First Minister for Wales, the Counsel General to the Welsh Assembly Government or another person mentioned in Schedule 3, and

(d) at least half of the person's expenditure on the discharge of its functions in relation to Wales is met directly from payments made by the Welsh Ministers.

(3) But an order under subsection (1) may add a person to Schedule 3 even if the person does not satisfy the condition in subsection (2)(d), if the Secretary of State consents.

(4) An order under subsection (1) may not add to Schedule 3 a person whose sole or main activity is—

(a) the investigation of complaints by members of the public about the actions of any person, or

(b) the supervision or review of, or of steps taken following, such an investigation.

(5) An order under subsection (1) must make provision about which of the services provided by a person mentioned in Schedule 3 and specified in the order are to be relevant services for the purposes of section 5.

(6) The provision that may be made by virtue of subsection (5) includes provision amending section 6.

(7) But a service may be specified as a relevant service by virtue of subsection (5) only if—

(a) the person provides the service in Wales, and

(b) the service is in a field in which functions are exercisable by the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government.

Assistance

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(1) Regulations may confer power on the Commissioner to give assistance to a person who is or has been an older person in Wales—

(a) in making a complaint or representation to or in respect of the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government;

(b) in making a complaint or representation to or in respect of a person providing regulated services in Wales, in respect of the provision of those services;

(c) in making a complaint or representation to or in respect of a person mentioned in Schedule 3, in relation to anything done or omitted to be done by that person the effect of which is subject to review under section 3;

(d) in making a complaint or representation to or in respect of a person providing services on behalf of or under arrangements with a person mentioned in Schedule 3, in respect of the provision of a relevant service;

(e) in any procedure, proceedings or prospective proceedings of a prescribed description.

(2) The reference in subsection (1) to a person who has been an older person in Wales includes a person who has ceased to be an older person in Wales before this section comes into force.

(3) A description of procedure or proceedings may be prescribed by virtue of subsection (1)(e) only if it relates to—

(a) anything the effect of which is subject to review under section 3,

(b) the provision of regulated services in Wales, or

(4) Assistance includes—

(a) financial assistance;

(b) arranging for a person to provide representation or give advice or assistance.

(5) The regulations may provide for assistance to be given on conditions including (in the case of financial assistance) conditions requiring repayment in prescribed circumstances.

(6) In subsections (1)(d) and (3)(c) “relevant service” means a service which is a relevant service for the purposes of section 5 by virtue of section 6(4)(f).

Research and educational activities

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(1) The Commissioner may, in connection with any of his functions—

(a) undertake or commission research;

(b) give assistance to another to undertake or commission research;

(d) give assistance to another to carry out or commission the carrying out of educational activities.

(2) In this section “assistance” includes financial assistance.

Examination of cases

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(1) Regulations may make provision for the examination by the Commissioner of the cases of particular persons who are or have been older people in Wales, in connection with the Commissioner's functions under this Act.

(2) The reference in subsection (1) to the Commissioner's functions under this Act does not include his powers under sections 2(3) and 9, to the extent that they are exercised in relation to a field in which neither the Welsh Minsters, the First Minister for Wales nor the Counsel General to the Welsh Assembly Government have functions.

(3) The reference in subsection (1) to persons who have been older people in Wales includes people who have ceased to be older people in Wales before this section comes into force.

(4) The regulations may include provision about—

(a) the types of cases which may be examined;

(b) the circumstances in which an examination may be made;

(5) The regulations may make provision—

(a) requiring persons to provide the Commissioner with information, or

(b) requiring persons who hold or are accountable for information to provide the Commissioner with explanations or other assistance,

for either or both the purposes mentioned in subsection (6).

(6) The purposes are—

(a) the purposes of an examination;

(b) the purposes of determining whether a recommendation made in a report following an examination has been complied with.

(7) For the purposes mentioned in subsection (6), the Commissioner has the same powers as the High Court in respect of—

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

(b) the provision of information.

(8) No person is to be compelled for the purposes mentioned in subsection (6) to give any evidence or provide any information which he could not be compelled to give or provide in civil proceedings before the High Court.

(9) The regulations may make provision for the payment by the Commissioner of sums in respect of expenses or allowances to persons who attend or provide information, explanations or other assistance for either of the purposes mentioned in subsection (6).

Obstruction and contempt

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(1) If the Commissioner is satisfied that the condition in subsection (2) is met in relation to a person, he 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 Commissioner or a member of his staff in the discharge of any of his functions under regulations made under section 10,

(b) without lawful excuse, has failed to comply with a requirement to provide information which was imposed in the exercise of a power conferred by regulations made under section 6(5) or 10(5), or

(c) has done an act or made an omission in relation to an examination under regulations made under section 10 which, if the examination were proceedings in the High Court, would constitute contempt of court.

(3) If the Commissioner issues a certificate under subsection (1)—

(a) the High Court may inquire into the matter, and

(b) if the High Court is satisfied that the condition in subsection (2) is met in relation to the person, it may deal with him in any manner in which it could have dealt with him if he had committed contempt in relation to the High Court.

Guidance

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