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PART 7 E+WMISCELLANEOUS AND GENERAL

GeneralE+W

75Repeals, savings and consequential amendmentsE+W

(1)The Public Services Ombudsman (Wales) Act 2005 (c.10) is repealed.

(2)But—

(a)see section 74 of this Act (investigations commenced before sections 3, 4, 43 and 44 of this Act come into force);

(b)subsection (1) does not apply to—

(i)paragraphs 9(4) and 11(4) of Schedule 1 to the 2005 Act (which amend the Superannuation Act 1972 (c.11)) and section 1 of the 2005 Act (to the extent that it gives effect to paragraphs 9(4) and 11(4) of the 2005 Act);

(ii)Schedule 4 to the 2005 Act (which amends the Local Government Act 2000 (c.22)) and section 35 of the 2005 Act (which gives effect to Schedule 4 to the 2005 Act);

(iii)Schedule 6 to the 2005 Act (consequential amendments) and section 39(1) of the 2005 Act (which gives effect to Schedule 6 to the 2005 Act);

(iv)the extent that it would revoke any subordinate legislation (within the meaning of section 21(1) of the Interpretation Act 1978 (c.30)) made under the 2005 Act.

(3)Schedule 5 (which makes consequential amendments of primary legislation in consequence of this Act) has effect.

Commencement Information

I1S. 75 in force at 23.7.2019 by S.I. 2019/1096, reg. 2

76Functions of the AssemblyE+W

(1)The Assembly may by standing orders make provision regarding the exercise of the functions conferred upon it by or under this Act.

(2)Such provision includes, but is not limited to, delegating functions to a committee or sub-committee of the Assembly or the chair of such a committee or sub-committee.

(3)But the Assembly may not delegate functions conferred upon it by or under this Act other than the functions conferred by—

(a)sections 73(1), (2) and (3), and

(b)paragraphs 5 and 8(1) of Schedule 1.

Commencement Information

I2S. 76 in force at 23.7.2019 by S.I. 2019/1096, reg. 2

77CommencementE+W

(1)The preceding provisions of this Act, and the Schedules to this Act, come into force in accordance with provision made by the Welsh Ministers by regulations.

(2)This section and sections 78 to 82 come into force on the day this Act receives Royal Assent.

(3)Regulations under subsection (1) may—

(a)appoint different days for different purposes;

(b)make transitional, transitory or saving provision in connection with the coming into force of a provision of this Act.

78InterpretationE+W

(1)In this Act—

(2)For the purposes of the definition of “independent provider in Wales”, arrangements with the Welsh Ministers are arrangements with a Welsh health service body only to the extent that they are made in the discharge of a function of the Welsh Ministers relating to the National Health Service.

(3)The Welsh Ministers may by regulations amend the definitions of “family health service provider in Wales”, “independent provider in Wales” and “social landlord in Wales”.

(4)Before making regulations under subsection (1) or (3), the Welsh Ministers must consult such persons as they think appropriate.

(5)No regulations are to be made under subsection (1) or (3) unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, the Assembly.

(6)Section 13 of the National Audit Act 1983 (c.44) (interpretation of references to the Committee of Public Accounts) applies for the purposes of this Act as it applies for the purposes of that Act.

(7)For the purposes of this Act, references to action taken by a listed authority include action taken by—

(a)a member, co-opted member, committee or sub-committee of the authority acting in the discharge of functions of the authority;

(b)an officer or member of staff of the authority, whether acting in the discharge of their own functions or the functions of the authority;

(c)any other person acting on behalf of the authority.

79Former health care providers, social landlords, social care providers and palliative care providers: modificationsE+W

(1)The Welsh Ministers may by regulations provide for this Act to apply with the modifications specified in the regulations to persons who are—

(a)former family health service providers in Wales;

(b)former independent providers in Wales;

(c)former social landlords in Wales;

(d)former care home providers in Wales;

(e)former domiciliary care providers in Wales;

(f)former independent palliative care providers in Wales.

(2)Former family health service provider in Wales” means a person who—

(a)at the relevant time, provided family health services of a particular description, and

(b)subsequently ceased to provide services of that description (whether or not the person has later started to provide them again).

(3)Former independent provider in Wales” means a person who—

(a)at the relevant time, provided services of a particular description in Wales under arrangements with a Welsh health service body or a family health service provider in Wales,

(b)was not a Welsh health service body or a family health service provider in Wales at that time, and

(c)subsequently ceased to provide services of that description (whether or not the person has later started to provide them again).

(4)Former social landlord in Wales” means a person who—

(a)at the relevant time—

(i)was registered as a social landlord in the register maintained by the Welsh Ministers under section 1 of the Housing Act 1996 (c.52) (or in the register previously maintained under that section by the Assembly constituted by the Government of Wales Act 1998 (c.38), the Secretary of State or Housing for Wales), or

(ii)was registered with Housing for Wales, the Secretary of State, the Assembly constituted by the Government of Wales Act 1998 (c.38) or the Welsh Ministers and owned or managed publicly-funded dwellings, and

(b)subsequently—

(i)ceased to be registered as mentioned in paragraph (a)(i) or (ii) (whether or not the person later became so registered again), or

(ii)ceased to own or manage publicly-funded dwellings (whether or not the person later did so again).

(5)Former care home provider in Wales” means a person who—

(a)at the relevant time, provided accommodation, nursing or care of a particular description at a care home in Wales (see section 62), and

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

(6)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).

(7)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).

(8)“The relevant time” is the time of action which is the subject of a complaint under this Act.

(9)No regulations are to be made under this section unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, the Assembly.

80Consequential, transitional provisions etcE+W

(1)The Welsh Ministers may by regulations make—

(a)such consequential, incidental or supplemental provision, and

(b)such transitory, transitional or saving provision,

as they think necessary or expedient for the purposes of, in consequence of, or for giving full effect to, any provision of this Act.

(2)Regulations under subsection (1) may amend, revoke or repeal any enactment (including any enactment contained in or made under this Act).

(3)No regulations are to be made under subsection (1) unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, the Assembly.

81Regulations and directionsE+W

(1)A power of the Welsh Ministers to make regulations under this Act is exercisable by statutory instrument.

(2)Regulations made by the Welsh Ministers under this Act may—

(a)make different provision for different purposes;

(b)make consequential, incidental, supplemental, transitory, transitional or saving provision.

(3)A direction given under this Act—

(a)may be amended or revoked by the person who gave it;

(b)may make different provision for different purposes.

82Short titleE+W

This Act may be cited as the Public Services Ombudsman (Wales) Act 2019.