Social Services and Well-being (Wales) Act 2014

PART 2 MINOR AND CONSEQUENTIAL AMENDMENTS RELATING TO THE OMBUDSMAN

Local Government Act 1974

5 The Local Government Act 1974 is amended as follows.

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

7 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”.

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

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

Local Government Act 2000

10 The Local Government Act 2000 is amended as follows.

11 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”.

12 In section 70 (investigations: further provisions), in subsection (2), in paragraph (b), for “, 25 to 27 and 32” substitute “and Part 2B”.

Public Services Ombudsman (Wales) Act 2005

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

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

15 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”.

16 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”.

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

18 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”.

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

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

“(A1) This section applies in relation to investigations conducted under this Part.”

21 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”.

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

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

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

25 Omit sections 26 and 27 (disclosure of information).

26 Omit section 32 (protection from defamation claims).

27 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);”.

28 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”.

29 (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).

30 (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”.

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

Commissioner for Older People (Wales) Act 2006

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

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

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

Government of Wales Act 2006

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

Welsh Language (Wales) Measure 2011

36 (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.