Public Services Ombudsman (Wales) Act 2019 (anaw3) xmlns:atom="http://www.w3.org/2005/Atom"
Introductory Text
PART 1 INTRODUCTION
1.Overview
PART 2 THE PUBLIC SERVICES OMBUDSMAN FOR WALES
2.The Public Services Ombudsman for Wales
PART 3 INVESTIGATIONS
Power of investigation
3.Power to investigate complaints
4.Power to investigate on own initiative
5.Criteria for own initiative investigations
6.Alternative resolution of matters
Complaints
7.Who can complain
8.Requirements: complaints made to the Ombudsman
9.Requirements: complaints referred to the Ombudsman
10.Records of complaints
Matters which may be investigated
11.Matters which may be investigated
12.Exclusion: matters not relating to Wales
13.Exclusion: other remedies
14.Other excluded matters
15.Decisions taken without maladministration
Ancillary investigations
16.Power to investigate other health-related services
Decisions not to investigate etc
17.Decisions not to investigate or to discontinue investigation
Investigation procedure and evidence
18.Investigation procedure
19.Information, documents, evidence and facilities
20.Obstruction and contempt
21.Obstruction and contempt: costs recovery
22.Serving a costs recovery notice
Reports of investigations
23.Reports of investigations
24.Publicising reports
25.Publicising reports: health care providers
26.Action following receipt of a report
27.Reports: alternative procedure
Special reports
28.Special reports
29.Special reports: supplementary
30.Special reports relating to the Welsh Government and the National Assembly for Wales Commission
Listed authorities
31.Listed authorities
32.Restrictions on power to amend Schedule 3
33.Provisions in regulations adding persons to Schedule 3
34.Power to issue guidance
Compensation
35.Compensation for the person aggrieved
PART 4 LISTED AUTHORITIES: COMPLAINTS-HANDLING PROCEDURES
36.Complaints-handling: statement of principles
37.Model complaints-handling procedures
38.Model complaints-handling procedures: specification of listed authorities
39.Declarations of non-compliance
40.Submission of complaints-handling procedure: general
41.Complaints-handling procedures: promotion of best practice etc
PART 5 INVESTIGATION OF COMPLAINTS RELATING TO OTHER PERSONS: SOCIAL CARE AND PALLIATIVE CARE
Application of this Part
42.Matters to which this Part applies
Investigation of complaints
43.Power to investigate complaints
44.Power to investigate on own initiative
45.Criteria for own initiative investigations
46.Alternative resolution of matters
47.Who can complain
48.Requirements: complaints made to the Ombudsman
49.Requirements: complaints referred to the Ombudsman
50.Records of complaints
Decisions not to investigate etc
51.Decisions not to investigate complaints or to discontinue investigations
Investigation procedure and evidence
52.Investigation procedure
53.Information, documents, evidence and facilities
54.Obstruction and contempt
Reports about investigations
55.Investigation reports
56.Further publicity for investigation reports
57.Action following receipt of investigation reports
58.Reports: alternative procedure
Special reports
59.Circumstances in which special reports may be prepared
60.Special reports
61.Further publicity for special reports
Interpretation
62.Meaning of “care home” and “care home provider”
63.Meaning of “domiciliary care” and “domiciliary care provider”
64.Meaning of “palliative care service” and “independent palliative care provider”
PART 6 INVESTIGATIONS: SUPPLEMENTARY
Consultation and co-operation
65.Consultation and co-operation with other ombudsmen
66.Working jointly with specified persons
67.Working collaboratively with Commissioners
68.Working with the Auditor General for Wales
Disclosure
69.Disclosure of information
70.Disclosure prejudicial to safety of State or contrary to public interest
71.Protection from defamation claims
PART 7 MISCELLANEOUS AND GENERAL
Welsh language standards
72.Authorisation to give compliance notice to the Ombudsman in relation to Welsh language standards
Review of Act
73.Review of Act
Application of the 2005 Act to certain investigations
74.Investigations commenced before sections 3, 4, 43 and 44 come into force
General
75.Repeals, savings and consequential amendments
76.Functions of the Assembly
77.Commencement
78.Interpretation
79.Former health care providers, social landlords, social care providers and palliative care providers: modifications
80.Consequential, transitional provisions etc
81.Regulations and directions
82.Short title
SCHEDULE 1
PUBLIC SERVICES OMBUDSMAN FOR WALES: APPOINTMENT ETC
1.Appointment
2.Status
3.Term of office
4.Acting Public Services Ombudsman for Wales
5.Further provision: appointment
6.Disqualification
7.(1) A person who holds office as the Ombudsman or...
8.(1) A person who has ceased to hold office as...
9.The references in paragraphs 7 and 8 to a paid...
10.Remuneration etc
11.Special financial provisions
12.Staff
13.Advisers
14.Delegation
15.Annual and extraordinary reports
16.Estimates
17.Accounts
18.Audit
19.Accounting officer
20.Examinations into the use of resources
21.Supplementary powers
22.Previous Ombudsman to continue to be Ombudsman
SCHEDULE 2
EXCLUDED MATTERS: PART 3
1.Action taken by or with the authority of the Welsh...
2.The commencement or conduct of proceedings before a court of...
3.Action taken by a member of the administrative staff of...
4.Action taken in respect of appointments, removals, pay, discipline, superannuation...
5.Action relating to the determination of the amount of rent....
6.(1) Action taken by an authority specified in sub-paragraph (2)...
7.Action taken by a Local Health Board in the discharge...
SCHEDULE 3
LISTED AUTHORITIES
SCHEDULE 4
EXCLUDED MATTERS: PART 5
1.The commencement or conduct of proceedings before a court of...
2.Action taken in respect of appointments or removals, pay, discipline,...
SCHEDULE 5
CONSEQUENTIAL AMENDMENTS
PART 1 Investigations
1.Care Standards Act 2000 (c.14)
2.Insert new section 75ZC— Working jointly with the Public Services...
3.Public Audit (Wales) Act 2004 (c.23)
4.Public Audit (Wales) Act 2013 (anaw 3)
5.Well-being of Future Generations (Wales) Act 2015 (anaw 2)
PART 2 MISCELLANEOUS
6.Parliamentary Commissioner Act 1967 (c.13)
7.In section 11A (consultations between Parliamentary Commissioner and other Commissioners...
8.Local Government Act 1974 (c.7)
9.In section 34T (interpretation of Part 3A), in subsection (1),...
10.Ancient Monuments and Archaeological Areas Act 1979 (c.46)
11.Local Government and Housing Act 1989 (c.42)
12.In section 5A (reports of monitoring officer – local authorities...
13.Planning (Listed Buildings and Conservation Areas) Act 1990 (c.9)
14.In Schedule 3 (determination of certain appeals by person appointed...
15.Health Service Commissioners Act 1993 (c.46)
16.Housing Act 1996 (c.52)
17.In section 51 (schemes for investigation of complaints), in subsection...
18.Freedom of Information Act 2000 (c.36)
19.Local Government Act 2000 (c.22)
20.In section 70 (investigations: further provisions), in subsection (2)(b), for...
21.Health and Social Care (Community Health and Standards) Act 2003 (c.43)
22.National Health Service (Wales) Act 2006 (c.42)
23.Commissioner for Older People (Wales) Act 2006 (c.30)
24.Government of Wales Act 2006 (c.32)
25.Local Government and Public Involvement in Health Act 2007 (c.28)
26.Social Services and Well-being (Wales) Act 2014 (anaw 4)
27.In section 177 (further consideration of representations), in subsection (4)(a)—...
28.Data Protection Act 2018 (c.12)