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Public Services Ombudsman (Wales) Act 2019
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Public Services Ombudsman (Wales) Act 2019, Section 13 is up to date with all changes known to be in force on or before 30 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to Section 13:
- s. 65(7)(f) inserted by 2022 c. 30 Sch. 10 para. 6(2)(a) (Welsh language text)
- s. 65(7)(f) inserted by 2022 c. 30 Sch. 10 para. 6(2)(b) (English language text)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 65(7)(f) inserted by 2022 c. 30 Sch. 10 para. 6(2)(a) (Welsh language text)
- s. 65(7)(f) inserted by 2022 c. 30 Sch. 10 para. 6(2)(b) (English language text)
13Exclusion: other remediesE+W
This section has no associated Explanatory Notes
(1)The Ombudsman may not investigate a matter under section 3 if the person aggrieved has or had—
(a)a right of appeal, reference or review to or before a tribunal constituted under an enactment or by virtue of Her Majesty's prerogative,
(b)a right of appeal to a Minister of the Crown, the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Government, or
(c)a remedy by way of proceedings in a court of law.
(2)But subsection (1) does not apply if the Ombudsman is satisfied that, in the particular circumstances, it is not reasonable to expect the person to resort, or to have resorted, to the right or remedy.
(3)The Ombudsman may investigate a matter under section 3 only if the Ombudsman is satisfied that—
(a)the matter has been brought to the attention of the listed authority to which the matter relates by or on behalf of the person aggrieved, and
(b)the authority has been given a reasonable opportunity to investigate and respond to it.
(4)But subsection (3) does not prevent the Ombudsman from investigating a matter if the Ombudsman is satisfied that it is reasonable in the particular circumstances for the Ombudsman to investigate the matter despite the fact that the requirements of that subsection have not been met.
Commencement Information
I1S. 13 in force at 23.7.2019 by S.I. 2019/1096, reg. 2
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