Complaints spanning commencement date6
1
Where this article applies the Ombudsman must consider the complaint in accordance with the provisions of Part 2 of the Act.
2
This article applies where—
a
a complaint has been duly made or referred to the Ombudsman in respect of a matter which relates to events that occurred before 1 April 2006 and events that occurred after that date, and
b
as regards the events that occurred before 1 April 2006 a complaint could (but for the other provisions of the Act) have been but has not been made to an existing Welsh Ombudsman under the relevant existing enactment.
3
For the purposes of this article the Ombudsman is not prevented from investigating a matter (or part of a matter) in accordance with Part 2 of the Act only because it relates to events that occurred before 1 April 2006.
4
For the purposes of paragraph (2) above—
a
“existing Welsh Ombudsman”, and
b
“the relevant existing enactment”,
have the same meanings as in section 38(6).