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(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 Public Services Ombudsman for Wales, the Scottish Public Services Ombudsman or the Health Service Commissioner for England] , he shall—
(a)unless he also holds [F4the office concerned], consult about the complaint with him; and
(b)if he considers it necessary, inform the person initiating the complaint under [F5the][F6Public Services Ombudsman (Wales) Act 2005 or the Health Service][F7 Commissioners Act 1993 [F8, or the Scottish Public Services Ombudsman Act 2002] .]
(2)Where by virtue of subsection (1) above the Commissioner consults with the [F9Public Services Ombudsman for Wales, the Scottish Public Services Ombudsman or the Health Service Commissioner for England] 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.
[F10(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 (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), ss. 39, 40, Sch. 6 para. 5(2)(a); S.I. 2005/2800, art. 5(1) (with art. 5(2))
F4Words 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
F5Words 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
F6Words in s. 11A(1)(b) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), ss. 39, 40, Sch. 6 para. 5(2)(b); S.I. 2005/2800, art. 5(1) (with art. 5(2))
F7Words in s. 11A(1)(b) substituted (5.2.1994) by 1993 c. 46, ss. 20, 22(4), Sch. 2 para. 1
F8Words 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)
F9Words in s. 11A(2) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), ss. 39, 40, Sch. 6 para. 5(3); S.I. 2005/2800, art. 5(1) (with art. 5(2))
F10S. 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