SCHEDULE 3INVESTIGATION OF COMPLAINTS ABOUT PRIVATELY ARRANGED OR FUNDED SOCIAL CARE AND PALLIATIVE CARE

PART 2MINOR AND CONSEQUENTIAL AMENDMENTS RELATING TO THE OMBUDSMAN

Local Government Act 1974

I75

The Local Government Act 1974 is amended as follows.

I16

In section 29 (investigations: further provisions), in subsection (5), for “26” substitute “ 34X ”.

I277

In section 33 (consultation between Local Commissioner, the Parliamentary Commissioner and the Health Service Commissioners and other Commissioners and Ombudsmen), in subsection (5), for “26” substitute “ 34X ”.

I158

In section 34G (investigations: further provisions), in subsection (2), for “26” substitute “ 34X ”.

I99

In section 34M (consultation with other Commissioners), in subsection (7), in paragraph (d), for “26” substitute “ 34X ”.

Local Government Act 2000

I1010

The Local Government Act 2000 is amended as follows.

I411

Section 67 (consultation with ombudsmen) has effect, until the repeal of that section by Part 5 of Schedule 25 to the Localism Act 2011 is brought fully into force, with the following amendments—

a

in subsection (2A), after “Part 2” insert “ or 2A ”, and

b

in subsection (4), for “26” substitute “ 34X ”.

F112

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Public Services Ombudsman (Wales) Act 2005

I2513

The Public Services Ombudsman (Wales) Act 2005 is amended as follows.

I514

In the heading to Part 2 (investigation of complaints), after “COMPLAINTS” insert “ RELATING TO LISTED AUTHORITIES ”.

I2015

In section 2 (power of investigation)—

a

in subsection (1), after “complaint” (in the first place it occurs) insert “ under this Part ”, and

b

in subsection (4), after “complaint” (in the first place it occurs) insert “ under this Part ”.

I216

In section 4 (who can complain), in subsection (1)—

a

in the words before paragraph (a), after “Ombudsman” insert “ under this Part ”, and

b

in paragraph (a), for “Act” substitute “ Part ”.

I317

In section 7 (matters which may be investigated), in subsection (1), after “investigate” insert “ under this Part ”.

I1218

In section 9 (exclusion: other remedies)—

a

in subsection (1), after “matter” (in the first place it occurs) insert “ under this Part ”, and

b

in subsection (3), after “matter” (in the first place it occurs) insert “ under this Part ”.

I2419

In section 10 (other excluded matters), in subsection (1), after “investigate” insert “ under this Part ”.

I2820

In section 14 (information, documents, evidence and facilities), before subsection (1) insert—

A1

This section applies in relation to investigations conducted under this Part.

I1121

In section 23 (special reports: supplementary)—

a

in subsection (1), in paragraph (a), after “report” insert “ made under section 22 ”, and

b

in subsection (7), after “report” (in the first place it occurs) insert “ under section 22 ”.

I3022

Omit the italic cross-heading before section 25 (consultation and co-operation).

I1723

Omit sections 25 to 25B (consultation and co-operation).

I1924

Omit the italic cross-heading before section 26 (disclosure).

I1625

Omit sections 26 and 27 (disclosure of information).

I2326

Omit section 32 (protection from defamation claims).

I1827

In section 41 (interpretation), in subsection (1)—

a

in the definition of “investigation”, after “section 2” insert “ or 34B ”,

b

in the definition of “the person aggrieved”—

i

after “aggrieved”” insert “ in Part 2 ”, and

ii

after “section 4(1)(a)” insert “ and in Part 2A has the meaning given in section 34D(1)(a) ”,

c

in the definition of “special report”—

i

after “report” insert “ in Part 2 ”, and

ii

after “section 22” insert “ and in Part 2A has the meaning given in section 34P ”, and

d

insert, in the appropriate places—

“care home” has the meaning given by section 34R(2);

“care home provider” has the meaning given by section 34R(3);

“domiciliary care” has the meaning given by section 34S(2);

“domiciliary care provider” has the meaning given by section 34S(3);

“independent palliative care provider” has the meaning given by section 34T(3);

“palliative care service” has the meaning given by section 34T(2);

I628

In the heading to section 42 (former health care providers and social landlords: modifications), for “and social landlords” substitute “ social landlords, social care providers and palliative care providers ”.

I2129

1

Section 42 (former health care providers and social landlords: modifications) is amended as follows.

2

In subsection (1), after paragraph (c) insert—

d

former care home providers in Wales;

e

former domiciliary care providers in Wales;

f

former independent palliative care providers in Wales.

3

After subsection (4) insert—

4A

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

a

at the relevant time, provided accommodation, nursing or personal care of a particular description at a care home (within the meaning given by the Care Standards Act 2000) in Wales, and

b

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

4B

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

a

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

b

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

4C

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

a

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

b

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

I2230

1

Schedule 1 (Public Services Ombudsman for Wales: appointment etc) is amended as follows.

2

In paragraph 5—

a

in sub-paragraph (1), after paragraph (e) insert—

f

he is a care home provider, domiciliary care provider or independent palliative care provider;

g

he is an officer or member of staff of a provider of that kind.

b

after sub-paragraph (1) insert—

1A

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

3

In paragraph 14, in sub-paragraph (7)(a), after “authority” insert “ , care home provider, domiciliary care provider or independent palliative care provider ”.

I2931

In the title to Schedule 2, after “MATTERS” insert “ : PART 2 ”.

Commissioner for Older People (Wales) Act 2006

I832

The Commissioner for Older People (Wales) Act 2006 is amended as follows.

I3133

In section 18 (power to disclose information), in subsection (1), in paragraph (b), for “25A” substitute “ 34V ”.

I2634

In Schedule 4 (minor and consequential amendments), in paragraph 2, omit sub-paragraphs (2) and (3).

Government of Wales Act 2006

I1435

In Schedule 10 to the Government of Wales Act 2006 (minor and consequential amendments), omit paragraph 77.

Welsh Language (Wales) Measure 2011

I1336

1

Schedule 3 to the Welsh Language (Wales) Measure 2011 (amendments about joint and collaborative working) is amended as follows.

2

Omit the italic cross-heading before paragraph 4 (Public Services Ombudsman (Wales) Act 2005).

3

Omit paragraphs 4 to 6.