LegalizeReform history
Commissioner for Older People (Wales) Act 2006
11 versions
· 2005-07-25
2023-10-20
Commissioner for Older People (Wales) Act 2006
2018-04-02
Commissioner for Older People (Wales) Act 2006
2018-04-01
Commissioner for Older People (Wales) Act 2006
2015-09-21
Commissioner for Older People (Wales) Act 2006
2015-07-07
Commissioner for Older People (Wales) Act 2006
Changes on 2015-07-07
@@ -424,6 +424,8 @@
- (d) specify any further action which the Commissioner is required or permitted to take after making a report.
- (e) provide that the Commissioner may make a joint report with the Welsh Language Commissioner where they have discharged their respective functions under this Act and the Welsh Language (Wales) Measure 2011 in relation to the same matters.
- (4) Subject to subsection (5), a report made by the Commissioner under the regulations must not—
- (a) mention the name of any person, or
@@ -474,9 +476,9 @@
relates to or raises a matter which could be the subject of an investigation by another ombudsman (the “connected matter”).
- (2) Where the Commissioner considers it appropriate, he must inform the other 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 “older people matter”), he must also if he considers it appropriate—
- (2) Where the Commissioner considers it appropriate, he may (as respects the Welsh Language Commissioner) or must (as respects another Ombudsman) inform the other 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 “older people matter”), he may (as respects the Welsh Language Commissioner) or must (as respects another Ombudsman) also if he considers it appropriate—
- (a) inform the other ombudsman about the Commissioner's proposals for the investigation of the case; and
@@ -496,7 +498,7 @@
- (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 the referral of the connected matter to the other ombudsman.
he may (as respects the Welsh Language Commissioner) or must (as respects another Ombudsman) inform the person whose case it is, or another person interested in it that he thinks fit, about how to secure the referral of the connected matter to the other ombudsman.
- (6) In this section “*other ombudsman*” means—
@@ -504,6 +506,8 @@
- (b) the Children's Commissioner for Wales.
- (c) the Welsh Language Commissioner.
- (7) In this section “*investigation*” includes examination and inquiry, and cognate expressions are to be construed accordingly.
- (8) The Welsh Ministers may by order amend subsection (6) by—
@@ -526,7 +530,7 @@
- (a) information obtained by the Commissioner in the discharge of any of his functions;
- (b) information obtained by the Commissioner from the Public Services Ombudsman for Wales by virtue of section 25A of the Public Services Ombudsman (Wales) Act 2005 (c. 10) (working jointly with the Commissioner for Older People in Wales);
- (b) information obtained by the Commissioner from the Public Services Ombudsman for Wales by virtue of section 34V of the Public Services Ombudsman (Wales) Act 2005 (c. 10) (working jointly with the Commissioner for Older People in Wales);
- (c) information obtained by the Commissioner from another ombudsman by virtue of any provision in an enactment relating to that ombudsman which corresponds to any provision of section 17;
@@ -1099,50 +1103,19 @@
- (1) The Public Services Ombudsman (Wales) Act 2005 is amended as follows.
- (2) After section 25 (consultation and co-operation with other ombudsmen) insert—
> (25A)
> (1) This section applies where it appears to the Ombudsman that—
> (a) there is a complaint in respect of a matter which he is entitled to investigate; and
> (b) the matter is one which could also be the subject of an examination by the Commissioner for Older People in Wales (the `Commissioner').
> (2) Where the Ombudsman considers it appropriate, he must—
> (a) inform the Commissioner about the matter; and
> (b) consult him in relation to it.
> (3) Where the Ombudsman consults the Commissioner under this section, he and the Commissioner may—
> (a) co-operate with each other in relation to the matter;
> (b) conduct a joint investigation into the matter;
> (c) prepare and publish a joint report in relation to the investigation.
> (25B)
> (1) This section applies where it appears to the Ombudsman that a complaint relates to or raises a matter which could be the subject of an examination by the Commissioner (the ‘connected matter’).
> (2) Where the Ombudsman considers it appropriate, he must inform the Commissioner about the connected matter.
> (3) Where the Ombudsman considers that the complaint also relates to or raises a matter into which he is entitled to conduct an investigation himself (‘the ombudsman matter’), he must also if he considers it appropriate—
> (a) inform the Commissioner about the Ombudsman's proposals for conducting an investigation into the complaint; and
> (b) consult the Commissioner about those proposals.
> (4) Where the Ombudsman and the 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) Where the Ombudsman considers—
> (a) that the complaint does not relate to or raise a matter into which he is entitled to conduct an investigation himself, and
> (b) that it is appropriate to do so,
> he must inform the person who initiated the complaint about how to secure the referral of the connected matter to the Commissioner.
> (6) In this section ‘Commissioner’ has the meaning given in section 25A.
- (3) In section 26 (disclosure of information)—
- (a) in subsection (1) after paragraph (b) insert—
> (ba) information obtained from the Commissioner for Older People in Wales by virtue of any provision of section 25A or 25B of this Act or section 16 or 17 of the Commissioner for Older People (Wales) Act 2006;
- (b) in subsection (2)(e) after “section 25” insert “ , 25A or 25B ”.
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) In section 41 (interpretation), for the definition of “investigation” substitute—
> ‘investigation’—
> (a) in relation to the Ombudsman, means an investigation under section 2 (and cognate expressions must be construed accordingly);
> (b) in relation to another ombudsman or commissioner, includes an examination (and cognate expressions must be construed accordingly;)
#### The Commissioner for Older People in Wales
- “‘investigation’—
1. in relation to the Ombudsman, means an investigation under section 2 (and cognate expressions must be construed accordingly);
2. in relation to another ombudsman or commissioner, includes an examination (and cognate expressions must be construed accordingly;)”
#### General functions
### Status
@@ -1232,7 +1205,7 @@
[^c2102516]: Words in [s. 14(2)(a)](https://www.legislation.gov.uk/ukpga/2006/30/section/14/2/a) substituted (the amendment coming into force 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) in accordance with art. 1(2)(3) of the amending S.I. and see [ss. 46](https://www.legislation.gov.uk/ukpga/2006/30/section/46), [161(5)](https://www.legislation.gov.uk/ukpga/2006/30/section/161/5) of [Government of Wales Act 2006 (c. 32)](https://www.legislation.gov.uk/ukpga/2006/32)) by [The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388)](https://www.legislation.gov.uk/uksi/2007/1388), [arts. 1(2)(3)](https://www.legislation.gov.uk/uksi/2007/1388/article/1/2/3), [3](https://www.legislation.gov.uk/uksi/2007/1388/article/3), [Sch. 1 para. 133](https://www.legislation.gov.uk/uksi/2007/1388/schedule/1/paragraph/133)
[^c2102518]: Words in [s. 15(2)](https://www.legislation.gov.uk/ukpga/2006/30/section/15/2) substituted (the amendment coming into force 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) in accordance with art. 1(2)(3) of the amending S.I. and see [ss. 46](https://www.legislation.gov.uk/ukpga/2006/30/section/46), [161(5)](https://www.legislation.gov.uk/ukpga/2006/30/section/161/5) of [Government of Wales Act 2006 (c. 32)](https://www.legislation.gov.uk/ukpga/2006/32)) by [The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388)](https://www.legislation.gov.uk/uksi/2007/1388), [arts. 1(2)(3)](https://www.legislation.gov.uk/uksi/2007/1388/article/1/2/3), [3](https://www.legislation.gov.uk/uksi/2007/1388/article/3), [Sch. 1 para. 134](https://www.legislation.gov.uk/uksi/2007/1388/schedule/1/paragraph/134)
[^c2102518]: Words in s. 15(2) substituted (the amendment coming into force 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) in accordance with art. 1(2)(3) of the amending S.I. and see ss. 46, 161(5) of [Government of Wales Act 2006 (c. 32)](https://www.legislation.gov.uk/ukpga/2006/32)) by [The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388)](https://www.legislation.gov.uk/uksi/2007/1388), [arts. 1(2)(3)](https://www.legislation.gov.uk/uksi/2007/1388/article/1/2/3), [3](https://www.legislation.gov.uk/uksi/2007/1388/article/3), [Sch. 1 para. 134](https://www.legislation.gov.uk/uksi/2007/1388/schedule/1/paragraph/134)
[^c2102522]: Words in [s. 16(4)](https://www.legislation.gov.uk/ukpga/2006/30/section/16/4) substituted (the amendment coming into force 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) in accordance with art. 1(2)(3) of the amending S.I. and see [ss. 46](https://www.legislation.gov.uk/ukpga/2006/30/section/46), [161(5)](https://www.legislation.gov.uk/ukpga/2006/30/section/161/5) of [Government of Wales Act 2006 (c. 32)](https://www.legislation.gov.uk/ukpga/2006/32)) by [The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388)](https://www.legislation.gov.uk/uksi/2007/1388), [arts. 1(2)(3)](https://www.legislation.gov.uk/uksi/2007/1388/article/1/2/3), [3](https://www.legislation.gov.uk/uksi/2007/1388/article/3), [Sch. 1 para. 135(2)](https://www.legislation.gov.uk/uksi/2007/1388/schedule/1/paragraph/135/2)
@@ -1240,11 +1213,11 @@
[^c2102526]: Words in [s. 16(5)](https://www.legislation.gov.uk/ukpga/2006/30/section/16/5) substituted (the amendment coming into force 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) in accordance with art. 1(2)(3) of the amending S.I. and see [ss. 46](https://www.legislation.gov.uk/ukpga/2006/30/section/46), [161(5)](https://www.legislation.gov.uk/ukpga/2006/30/section/161/5) of [Government of Wales Act 2006 (c. 32)](https://www.legislation.gov.uk/ukpga/2006/32)) by [The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388)](https://www.legislation.gov.uk/uksi/2007/1388), [arts. 1(2)(3)](https://www.legislation.gov.uk/uksi/2007/1388/article/1/2/3), [3](https://www.legislation.gov.uk/uksi/2007/1388/article/3), [Sch. 1 para. 135(3)(b)](https://www.legislation.gov.uk/uksi/2007/1388/schedule/1/paragraph/135/3/b)
[^c2102529]: Words in [s. 17(8)](https://www.legislation.gov.uk/ukpga/2006/30/section/17/8) substituted (the amendment coming into force 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) in accordance with art. 1(2)(3) of the amending S.I. and see [ss. 46](https://www.legislation.gov.uk/ukpga/2006/30/section/46), [161(5)](https://www.legislation.gov.uk/ukpga/2006/30/section/161/5) of [Government of Wales Act 2006 (c. 32)](https://www.legislation.gov.uk/ukpga/2006/32)) by [The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388)](https://www.legislation.gov.uk/uksi/2007/1388), [arts. 1(2)(3)](https://www.legislation.gov.uk/uksi/2007/1388/article/1/2/3), [3](https://www.legislation.gov.uk/uksi/2007/1388/article/3), [Sch. 1 para. 136(2)](https://www.legislation.gov.uk/uksi/2007/1388/schedule/1/paragraph/136/2)
[^c2102531]: Words in [s. 17(9)](https://www.legislation.gov.uk/ukpga/2006/30/section/17/9) substituted (the amendment coming into force 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) in accordance with art. 1(2)(3) of the amending S.I. and see [ss. 46](https://www.legislation.gov.uk/ukpga/2006/30/section/46), [161(5)](https://www.legislation.gov.uk/ukpga/2006/30/section/161/5) of [Government of Wales Act 2006 (c. 32)](https://www.legislation.gov.uk/ukpga/2006/32)) by [The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388)](https://www.legislation.gov.uk/uksi/2007/1388), [arts. 1(2)(3)](https://www.legislation.gov.uk/uksi/2007/1388/article/1/2/3), [3](https://www.legislation.gov.uk/uksi/2007/1388/article/3), [Sch. 1 para. 136(3)(a)](https://www.legislation.gov.uk/uksi/2007/1388/schedule/1/paragraph/136/3/a)
[^c2102533]: Words in [s. 17(9)](https://www.legislation.gov.uk/ukpga/2006/30/section/17/9) substituted (the amendment coming into force 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) in accordance with art. 1(2)(3) of the amending S.I. and see [ss. 46](https://www.legislation.gov.uk/ukpga/2006/30/section/46), [161(5)](https://www.legislation.gov.uk/ukpga/2006/30/section/161/5) of [Government of Wales Act 2006 (c. 32)](https://www.legislation.gov.uk/ukpga/2006/32)) by [The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388)](https://www.legislation.gov.uk/uksi/2007/1388), [arts. 1(2)(3)](https://www.legislation.gov.uk/uksi/2007/1388/article/1/2/3), [3](https://www.legislation.gov.uk/uksi/2007/1388/article/3), [Sch. 1 para. 136(3)(b)](https://www.legislation.gov.uk/uksi/2007/1388/schedule/1/paragraph/136/3/b)
[^c2102529]: Words in s. 17(8) substituted (the amendment coming into force 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) in accordance with art. 1(2)(3) of the amending S.I. and see ss. 46, 161(5) of [Government of Wales Act 2006 (c. 32)](https://www.legislation.gov.uk/ukpga/2006/32)) by [The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388)](https://www.legislation.gov.uk/uksi/2007/1388), [arts. 1(2)(3)](https://www.legislation.gov.uk/uksi/2007/1388/article/1/2/3), [3](https://www.legislation.gov.uk/uksi/2007/1388/article/3), [Sch. 1 para. 136(2)](https://www.legislation.gov.uk/uksi/2007/1388/schedule/1/paragraph/136/2)
[^c2102531]: Words in s. 17(9) substituted (the amendment coming into force 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) in accordance with art. 1(2)(3) of the amending S.I. and see ss. 46, 161(5) of [Government of Wales Act 2006 (c. 32)](https://www.legislation.gov.uk/ukpga/2006/32)) by [The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388)](https://www.legislation.gov.uk/uksi/2007/1388), [arts. 1(2)(3)](https://www.legislation.gov.uk/uksi/2007/1388/article/1/2/3), [3](https://www.legislation.gov.uk/uksi/2007/1388/article/3), [Sch. 1 para. 136(3)(a)](https://www.legislation.gov.uk/uksi/2007/1388/schedule/1/paragraph/136/3/a)
[^c2102533]: Words in s. 17(9) substituted (the amendment coming into force 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) in accordance with art. 1(2)(3) of the amending S.I. and see ss. 46, 161(5) of [Government of Wales Act 2006 (c. 32)](https://www.legislation.gov.uk/ukpga/2006/32)) by [The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388)](https://www.legislation.gov.uk/uksi/2007/1388), [arts. 1(2)(3)](https://www.legislation.gov.uk/uksi/2007/1388/article/1/2/3), [3](https://www.legislation.gov.uk/uksi/2007/1388/article/3), [Sch. 1 para. 136(3)(b)](https://www.legislation.gov.uk/uksi/2007/1388/schedule/1/paragraph/136/3/b)
[^c2102449]: Words in s. 18(9)(a) substituted (the amendment coming into force 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) in accordance with art. 1(2)(3) of the amending S.I. and see ss. 46, 161(5) of [Government of Wales Act 2006 (c. 32)](https://www.legislation.gov.uk/ukpga/2006/32)) by [The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388)](https://www.legislation.gov.uk/uksi/2007/1388), [arts. 1(2)(3)](https://www.legislation.gov.uk/uksi/2007/1388/article/1/2/3), [3](https://www.legislation.gov.uk/uksi/2007/1388/article/3), [Sch. 1 para. 137(2)(a)](https://www.legislation.gov.uk/uksi/2007/1388/schedule/1/paragraph/137/2/a)
@@ -1338,12 +1311,32 @@
[^key-8212927629066fd90fd418fefb67bcb2]: Words in Sch. 2 substituted (1.4.2013) by [The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755)](https://www.legislation.gov.uk/wsi/2013/755), [art. 1(2)](https://www.legislation.gov.uk/wsi/2013/755/article/1/2), [Sch. 2 para. 435](https://www.legislation.gov.uk/wsi/2013/755/schedule/2/paragraph/435) (with [Sch. 7](https://www.legislation.gov.uk/wsi/2013/755/schedule/7))
[^key-c3a7c704a2af2f365a9b0479ac73088e]: [S. 15(3)(e)](https://www.legislation.gov.uk/ukpga/2006/30/section/15/3/e) inserted (7.7.2015) by [Welsh Language (Wales) Measure 2011 (nawm 1)](https://www.legislation.gov.uk/mwa/2011/1), [s. 156(2)](https://www.legislation.gov.uk/mwa/2011/1/section/156/2), [Sch. 3 para. 8](https://www.legislation.gov.uk/mwa/2011/1/schedule/3/paragraph/8); [S.I. 2015/1413](https://www.legislation.gov.uk/wsi/2015/1413), [art. 3(g)](https://www.legislation.gov.uk/wsi/2015/1413/article/3/g)
[^key-cf64ea214a889429d2e3c0522dccff3e]: Words in s. 17(2) substituted (7.7.2015) by [Welsh Language (Wales) Measure 2011 (nawm 1)](https://www.legislation.gov.uk/mwa/2011/1), [s. 156(2)](https://www.legislation.gov.uk/mwa/2011/1/section/156/2), [Sch. 3 para. 9(a)](https://www.legislation.gov.uk/mwa/2011/1/schedule/3/paragraph/9/a); [S.I. 2015/1413](https://www.legislation.gov.uk/wsi/2015/1413), [art. 3(g)](https://www.legislation.gov.uk/wsi/2015/1413/article/3/g)
[^key-2df02e030223ddfbc14a47b2d0ec5921]: Words in s. 17(3) substituted (7.7.2015) by [Welsh Language (Wales) Measure 2011 (nawm 1)](https://www.legislation.gov.uk/mwa/2011/1), [s. 156(2)](https://www.legislation.gov.uk/mwa/2011/1/section/156/2), [Sch. 3 para. 9(b)](https://www.legislation.gov.uk/mwa/2011/1/schedule/3/paragraph/9/b); [S.I. 2015/1413](https://www.legislation.gov.uk/wsi/2015/1413), [art. 3(g)](https://www.legislation.gov.uk/wsi/2015/1413/article/3/g)
[^key-536223b8d98b48a986d622dcb7a62324]: Words in s. 17(5) substituted (7.7.2015) by [Welsh Language (Wales) Measure 2011 (nawm 1)](https://www.legislation.gov.uk/mwa/2011/1), [s. 156(2)](https://www.legislation.gov.uk/mwa/2011/1/section/156/2), [Sch. 3 para. 9(c)](https://www.legislation.gov.uk/mwa/2011/1/schedule/3/paragraph/9/c); [S.I. 2015/1413](https://www.legislation.gov.uk/wsi/2015/1413), [art. 3(g)](https://www.legislation.gov.uk/wsi/2015/1413/article/3/g)
[^key-145df12cca0582d49f776a03d0fb0461]: [S. 17(6)(c)](https://www.legislation.gov.uk/ukpga/2006/30/section/17/6/c) inserted (7.7.2015) by [Welsh Language (Wales) Measure 2011 (nawm 1)](https://www.legislation.gov.uk/mwa/2011/1), [s. 156(2)](https://www.legislation.gov.uk/mwa/2011/1/section/156/2), [Sch. 3 para. 9(d)](https://www.legislation.gov.uk/mwa/2011/1/schedule/3/paragraph/9/d); [S.I. 2015/1413](https://www.legislation.gov.uk/wsi/2015/1413), [art. 3(g)](https://www.legislation.gov.uk/wsi/2015/1413/article/3/g)
[^M_F_8a6ff80a-0ddd-4e2c-dc65-97d6c5a8ab2b]: Word in s. 18(1)(b) substituted (1.11.2014) by Social Services and Well-being (Wales) Act 2014 (anaw 4), s. 199, Sch. 3 para. 33; [S.I. 2014/2718](https://www.legislation.gov.uk/uksi/2014/2718), [art. 2(b)](https://www.legislation.gov.uk/uksi/2014/2718/article/2/b)
[^M_F_a9ad4b88-d432-4abe-887f-bbb6baaa17da]: Sch. 4 para. 2(2)(3) omitted (1.11.2014) by virtue of Social Services and Well-being (Wales) Act 2014 (anaw 4), s. 199, Sch. 3 para. 34; [S.I. 2014/2718](https://www.legislation.gov.uk/uksi/2014/2718), [art. 2(b)](https://www.legislation.gov.uk/uksi/2014/2718/article/2/b)
#### Power to disclose information
*Local government and fire*
#### Examination of cases
#### Protection against defamation
#### Orders and regulations
*Local government and fire*
#### Research and educational activities
#### Protection against defamation
#### Orders and regulations
2013-04-01
Commissioner for Older People (Wales) Act 2006
2012-04-01
Commissioner for Older People (Wales) Act 2006
2007-05-25
Commissioner for Older People (Wales) Act 2006
2007-03-01
Commissioner for Older People (Wales) Act 2006
2006-10-14
Commissioner for Older People (Wales) Act 2006
2005-07-25
Commissioner for Older People (Wales) Act 2006
original version
Text at this date