Public Services Ombudsman (Wales) Act 2019

PART 1 Investigations

Care Standards Act 2000 (c.14)

1 Insert new section 75ZB—

“75ZB Working jointly with the Public Services Ombudsman for Wales

(1) This section applies where it appears to the Commissioner that a case which he is—

(a) examining in accordance with regulations made under section 74, or

(b) considering whether to examine in accordance with such regulations,

relates to or raises a matter which could be the subject of an investigation by the Public Services Ombudsman for Wales (the ‘connected matter’).

(2) Where the Commissioner considers it appropriate, he must inform the Ombudsman about the connected matter.

(3) Where the Commissioner considers that the case also relates to or raises a matter which he is entitled to examine himself (the ‘children matter’), he must also if he considers it appropriate—

(a) inform the Ombudsman about the Commissioners proposals for examination of the case, and

(b) consult the Ombudsman about those proposals.

(4) Where the Commissioner and the Ombudsman consider that they are entitled to examine, respectively, the children matter and the connected matter they may—

(a) co-operate with each other in the separate examination of each of those matters;

(b) act together in the examination of those matters; and

(c) prepare and publish a joint report containing their respective conclusions in relation to the matters they have each examined.

(5) Where the Commissioner considers—

(a) that the case is not one which relates to or raises a matter that he is entitled to examine himself, and

(b) that it is appropriate to do so,

he must inform the person whose case it is, or another person interested in it that he thinks fit, about how to secure referral to the Ombudsman of the connected matter.”

2 Insert new section 75ZC—

“75ZC Working jointly with the Public Services Ombudsman for Wales

(1) This section applies where it appears to the Commissioner that a case which he is—

(a) examining in accordance with regulations made under section 74, or

(b) considering whether to examine in accordance with such regulations,

relates to or raises a matter which could be the subject of an investigation by the Public Services Ombudsman for Wales.

(2) Where the Commissioner considers it appropriate, he must—

(a) inform the Ombudsman about the case, and

(b) consult him in relation to it.

(3) Where the Commissioner consults the Ombudsman under this section, he and the Ombudsman may—

(a) co-operate with each other in relation to the case;

(b) conduct a joint examination into the case;

(c) prepare and publish a joint report in relation to the case.”

Public Audit (Wales) Act 2004 (c.23)

3 Insert new section 67B—

“67B Protection from defamation claims

For the purposes of the law of defamation, the publication in a communication between the Auditor General for Wales or the Wales Audit Office and the Public Services Ombudsman for Wales of a matter in connection with a joint investigation conducted under section 68(2) of the Public Services Ombudsman (Wales) Act 2019, is absolutely privileged.”

Public Audit (Wales) Act 2013 (anaw 3)

4 Insert new section 29A—

“29A Working with the Public Services Ombudsman for Wales

(1) Where the Public Services Ombudsman for Wales consults the Auditor General under section 68 of the Public Services Ombudsman (Wales) Act 2019 (anaw 3), the Ombudsman and the Auditor General may—

(a) co-operate with each other in relation to the matter,

(b) conduct a joint investigation into the matter, and

(c) prepare and publish a joint report in relation to the investigation.”

Well-being of Future Generations (Wales) Act 2015 (anaw 2)

5 In section 25, after subsection 1(c), insert—

“(d) an investigation under the Public Services Ombudsman (Wales) Act 2019 (anaw 3) by the Public Services Ombudsman for Wales (and references in this section to the other Commissioner or the Commissioners include the Ombudsman).”