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Public Services Ombudsman (Wales) Act 2019

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This is the original version (as it was originally enacted).

38Model complaints-handling procedures: specification of listed authorities

This section has no associated Explanatory Notes

(1)The Ombudsman may specify any listed authority to which a model CHP is relevant; and must notify the authority accordingly.

(2)Where a model CHP is relevant to a listed authority by virtue of a specification under subsection (1), the authority must ensure there is a complaints-handling procedure which complies with the model CHP for the purposes of the specification.

(3)Where subsection (2) applies, the listed authority must submit its complaints-handling procedure to the Ombudsman, having taken account of the relevant model CHP, within six months beginning with the day the listed authority receives notice of the specification under subsection (1).

(4)A listed authority may, with the consent of the Ombudsman, modify the application of the model CHP which is relevant to it but only to the extent that is necessary for the effective operation of the procedure by the authority.

(5)The Ombudsman may revoke any specification under subsection (1) at any time.

(6)Where the Ombudsman revokes a specification under subsection (5)—

(a)the Ombudsman must, before revoking the specification, notify each listed authority to which the specification applies that the specification will be revoked and when the revocation will happen, and

(b)on the day the specification is revoked—

(i)the specification ceases to have effect, and

(ii)the duty in subsection (3) ceases to apply to a listed authority notified under subsection (6)(a), in so far as the duty arises in relation to the revoked specification.

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