(1)Where, at any stage in the course of conducting an investigation under this Act, the Commissioner forms the opinion that the complaint relates partly to a matter within the jurisdiction of [F3the Welsh Administration Ombudsman [F4, of the Social Housing Ombudsman for Wales][F5, the Scottish Public Services Ombudsman] or of] the Health Service Commissioner for England [F6or Wales] , he shall—
(a)unless he also holds [F7the office concerned], consult about the complaint with him; and
(b)if he considers it necessary, inform the person initiating the complaint under [F8the Government of Wales Act 1998 [F9, under regulations under section 51B of the Housing Act 1996 or under]] this Act of the steps necessary to initiate a complaint under [F10the Health Service Commissioners Act 1993 [F11, or the Scottish Public Services Ombudsman Act 2002] .]
(2)Where by virtue of subsection (1) above the Commissioner consults with the [F12Welsh Administration Ombudsman [F13, the Social Housing Ombudsman for Wales][F14, the Scottish Public Services Ombudsman] or a] Health Service Commissioner in relation to a complaint under this Act, he may consult him about any matter relating to the complaint, including—
(a)the conduct of any investigation into the complaint; and
(b)the form, content and publication of any report of the results of such an investigation.
[F15(2A)Where an authority to which this Act applies is also a listed authority to which the Scottish Public Services Ombudsman Act 2002 applies, the Commissioner must co-operate with the Scottish Public Services Ombudsman to such an extent as appears appropriate when exercising any function in relation to that authority.]
(3)Nothing in section 11(2) of this Act shall apply in relation to the disclosure of information by the Commissioner or any of his officers in the course of consultations held in accordance with this section].
Textual Amendments
F1S. 11A inserted by Parliamentary and Health Service Commissioners Act 1987 (c. 39, SIF 89), s. 4(2)
F2Words in s. 11A sidenote substituted (14.7.2005 for W.) by Housing Act 2004 (c. 34), ss. 265(1), 270, Sch. 15 para. 1(2); S.I. 2005/1814, art. 2(f)
F3Words in s. 11A(1) substituted (1.7.1999) by 1998 c. 38, s. 125, Sch. 12 para. 8(2)(a) (with ss. 139(2), 143(2)); S.I. 1999/1290, art. 4
F4Words in s. 11A(1) inserted (14.7.2005 for W. and otherwise prosp.) after "Ombudsman" by Housing Act 2004 (c. 34), ss. 265(1), 270, Sch. 15 para. 1(3)(a); S.I. 2005/1814, art. 2(f)
F5Words in s. 11A(1) inserted (14.7.2004) by The Scottish Public Services Ombudsman Act 2002 (Consequential Provisions and Modifications) Order 2004 (S.I. 2004/1823), art. 5(3)(a)(i)
F6Words in s. 11A(1) substituted (14.7.2004) by The Scottish Public Services Ombudsman Act 2002 (Consequential Provisions and Modifications) Order 2004 (S.I. 2004/1823), art. 5(3)(a)(ii)
F7Words in s. 11A(1)(a) substituted (1.7.1999) by 1998 c. 38, s. 125, Sch. 12 para. 8(2)(b) (with ss. 139(2), 143(2)); S.I. 1999/1290, art. 4
F8Words in s. 11A(1)(b) substituted (1.7.1999) by 1998 c. 38, s. 125, Sch. 12 para. 8(2)(c) (with ss. 139(2), 158(2)); S.I. 1999/1290, art. 4
F9Word in s. 11A(1)(b) substituted (14.7.2005 for W. and otherwise prosp.) by Housing Act 2004 (c. 34), ss. 265(1), 270, Sch. 15 para. 1(3)(b); S.I. 2005/1814, art. 2(f)
F10Words in s. 11A(1)(b) substituted (5.2.1994) by 1993 c. 46, ss. 20, 22(4), Sch. 2 para. 1
F11Words in s. 11A(1)(b) inserted (14.7.2004) by The Scottish Public Services Ombudsman Act 2002 (Consequential Provisions and Modifications) Order 2004 (S.I. 2004/1823), art. 5(3)(a)(iii)
F12Words in s. 11A(2) inserted (1.7.1999) by 1998 c. 38, s. 125, Sch. 12 para. 8(3) (with ss. 139(2), 143(2)); S.I. 1999/1290, art. 4
F13Words in s. 11A(2) inserted (14.7.2005 for W. and otherwise prosp.) after "Ombudsman" by Housing Act 2004 (c. 34), ss. 265(1), 270, Sch. 15 para. 1(4); S.I. 2005/1814, art. 2(f)
F14Words in s. 11A(2) inserted (14.7.2004) by The Scottish Public Services Ombudsman Act 2002 (Consequential Provisions and Modifications) Order 2004 (S.I. 2004/1823), art. 5(3)(b)
F15S. 11A(2A) inserted (14.7.2004) by The Scottish Public Services Ombudsman Act 2002 (Consequential Provisions and Modifications) Order 2004 (S.I. 2004/1823), art. 5(3)(c)
Modifications etc. (not altering text)
C1S. 11A extended (1.7.1999) by S.I. 1999/1351, arts. 1, 17(1)(c); S.I. 1998/3178, art. 3