Part III Conduct of local government members and employees
Chapter III Investigations etc: Wales
F1Public Services Ombudsman for Wales
68F2Public Services Ombudsman for Wales .
(1)
F3The Public Services Ombudsman for Wales is to have the functions conferred on him by this Part and such other functions as may be conferred on him by order made by the National Assembly for Wales under this subsection.
(2)
F4The Public Services Ombudsman for Wales—
(a)
(b)
may issue guidance to relevant authorities F7... in relation to the qualifications or experience which monitoring officers should possess, and
(c)
may arrange for any such guidance to be made public.
F8(3)
The National Assembly for Wales may by regulations make provision which, for the purpose of any provisions of F9the Public Services Ombudsman (Wales) Act 2019 specified in the regulations, treats—
(a)
functions of the Public Services Ombudsman for Wales under that Act as including his functions under this Part, or
(b)
expenses of the Public Services Ombudsman for Wales under that Act as including his expenses under this Part.
(4)
The provision which may be made by virtue of subsection (3) includes provision which modifies, or applies or reproduces (with or without modifications), any provisions of F10...that Act.
F11(5)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Investigations
69F12Investigations by the Public Services Ombudsman for Wales.
(1)
F13The Public Services Ombudsman for Wales may investigate—
(a)
cases in which a written allegation is made to him by any person that a member or co-opted member (or former member or co-opted member) of a relevant authority F14... has failed, or may have failed, to comply with the authority’s code of conduct, and
(b)
other cases in which he considers that a member or co-opted member (or former member or co-opted member) of a relevant authority F14... has failed, or may have failed, to comply with the authority’s code of conduct and which have come to his attention as a result of an investigation under paragraph (a).
(2)
If F15the Public Services Ombudsman for Wales considers that a written allegation under subsection (1)(a) should not be investigated, he must take reasonable steps to give written notification to the person who made the allegation of the decision and the reasons for the decision.
(3)
The purpose of an investigation under this section is to determine which of the findings mentioned in subsection (4) is appropriate.
(4)
Those findings are—
(a)
that there is no evidence of any failure to comply with the code of conduct of the relevant authority concerned,
(b)
that no action needs to be taken in respect of the matters which are the subject of the investigation,
(c)
that the matters which are the subject of the investigation should be referred to the monitoring officer of the relevant authority concerned, or
(d)
that the matters which are the subject of the investigation should be referred to the president of the Adjudication Panel for Wales for adjudication by a tribunal falling within section 76(1).
(5)
Where a person is no longer a member or co-opted member of the relevant authority concerned but is a member or co-opted member of another relevant authority F16..., the reference in subsection (4)(c) to the monitoring officer of the relevant authority concerned is to be treated as a reference either to the monitoring officer of the relevant authority concerned or to the monitoring officer of that other relevant authority (and accordingly F17if the Public Services Ombudsman for Wales reaches a finding under subsection (4)(c) he must decide to which of those monitoring officers to refer the matters concerned).
70 Investigations: further provisions.
(1)
The National Assembly for Wales may by order make provision with respect to investigations under section 69 (including provision with respect to the obtaining or disclosure of documents or information).
(2)
The provision which may be made by virtue of subsection (1) includes provision which applies or reproduces (with or without modifications)—
(a)
any provisions of sections 60 to 63 F18as those sections had effect immediately before their repeal by the Localism Act 2011, or
(3)
F21The Public Services Ombudsman for Wales may cease an investigation under section 69 at any stage before its completion.
(4)
Where F22the Public Services Ombudsman for Wales ceases an investigation under section 69 before its completion, he may refer the matters which are the subject of the investigation to the monitoring officer of the relevant authority concerned.
(5)
Where a person is no longer a member or co-opted member of the relevant authority concerned but is a member or co-opted member of another relevant authority F23..., F22the Public Services Ombudsman for Wales may, if he thinks it more appropriate than making such a reference as is mentioned in subsection (4), refer the matters which are the subject of the investigation to the monitoring officer of that other relevant authority.
Reports etc.
71 Reports etc.
(1)
Where F24 the Public Services Ombudsman for Wales determines in relation to any case that a finding under section 69(4)(a) or (b) is appropriate—
(a)
he may produce a report on the outcome of his investigation,
(b)
he may provide a summary of any such report to any newspapers circulating in the area of the relevant authority concerned,
(c)
he must send to the monitoring officer of the relevant authority concerned a copy of any such report, and
(d)
where he does not produce any such report, he must inform the monitoring officer of the relevant authority concerned of the outcome of the investigation.
(2)
Where F24 the Public Services Ombudsman for Wales determines in relation to any case that a finding under section 69(4)(c) is appropriate he must—
(a)
produce a report on the outcome of his investigation,
(b)
subject to subsection (4)(b), refer the matters which are the subject of the investigation to the monitoring officer of the relevant authority concerned, and
(c)
send a copy of the report to the monitoring officer, and the standards committee, of the relevant authority concerned.
(3)
Where F24 the Public Services Ombudsman for Wales determines in relation to any case that a finding under section 69(4)(d) is appropriate he must—
(a)
produce a report on the outcome of his investigation,
(b)
refer the matters which are the subject of the investigation to the president of the Adjudication Panel for Wales for adjudication by a tribunal falling within section 76(1), and
(c)
send a copy of the report to the monitoring officer of the relevant authority concerned and to the president of the Adjudication Panel for Wales.
(4)
Where a person is no longer a member or co-opted member of the relevant authority concerned but is a member or co-opted member of another relevant authority F25...—
(a)
the references in subsections (1)(b), (c) and (d), (2)(c) and (3)(c) to the relevant authority concerned are to be treated as including references to that other relevant authority, and
(b)
F26if the Public Services Ombudsman for Wales reaches a finding under section 69(4)(c) he must refer the matters concerned either to the monitoring officer of the relevant authority concerned or to the monitoring officer of that other relevant authority.
(5)
A report under this section may cover more than one investigation under section 69 in relation to any members or co-opted members (or former members or co-opted members) of the same relevant authority.
(6)
F27The Public Services Ombudsman for Wales must—
(a)
inform any person who is the subject of an investigation under section 69, and
(b)
take reasonable steps to inform any person who made any allegation which gave rise to the investigation,
of the outcome of the investigation.
72 Interim reports.
(1)
Where he considers it necessary in the public interest, F28the Public Services Ombudsman for Wales may, before the completion of an investigation under section 69, produce an interim report on that investigation.
(2)
An interim report under this section may cover more than one investigation under section 69 in relation to any members or co-opted members (or former members or co-opted members) of the same relevant authority.
(3)
Where the prima facie evidence is such that it appears to F28the Public Services Ombudsman for Wales—
(a)
that the person who is the subject of the interim report has failed to comply with the code of conduct of the relevant authority concerned,
(b)
that the nature of that failure is such as to be likely to lead to disqualification under section 79(4)(b), and
(c)
that it is in the public interest to suspend or partially suspend that person immediately,
the interim report may include a recommendation that that person should be suspended or partially suspended from being a member or co-opted member of the relevant authority concerned for a period which does not exceed six months or (if shorter) the remainder of the person’s term of office.
(4)
Where F28the Public Services Ombudsman for Wales produces an interim report under this section which contains such a recommendation as is mentioned in subsection (3), he must refer the matters which are the subject of the report to the president of the Adjudication Panel for Wales for adjudication by a tribunal falling within section 76(2).
(5)
A copy of any report under this section must be given—
(a)
to any person who is the subject of the report,
(b)
to the monitoring officer of the relevant authority concerned, and
(c)
to the president of the Adjudication Panel for Wales.
(6)
Where a person is no longer a member or co-opted member of the relevant authority concerned but is a member or co-opted member of another relevant authority F29...—
(a)
the second reference in subsection (3) to the relevant authority concerned is to be treated as a reference to that other relevant authority, and
(b)
the reference in subsection (5)(b) to the relevant authority concerned is to be treated as including a reference to that other relevant authority.
References to monitoring officers
73 Matters referred to monitoring officers.
(1)
The National Assembly for Wales may by regulations make provision in relation to the way in which any matters referred to the monitoring officer of a relevant authority under section F3070(4) or (5) or 71(2) or (4) are to be dealt with.
(2)
The provision which may be made by regulations under subsection (1) includes provision for or in connection with—
(a)
enabling a monitoring officer of a relevant authority to conduct an investigation in respect of any matters referred to him,
(b)
enabling a monitoring officer of a relevant authority to make a report, or recommendations, to the standards committee of the authorityF31, or to the standards committee of another relevant authority, in respect of any matters referred to him,
F32(ba)
enabling a standards committee of a relevant authority to refer a report or recommendations made by its monitoring officer to the standards committee of another relevant authority,
F33(c)
enabling a standards committee of a relevant authority to consider any report or recommendations made or, as the case may be, referred to it by—
(i)
a monitoring officer of a relevant authority, or
(ii)
the standards committee of another relevant authority.
(ca)
the procedure to be followed by a standards committee as respects a report or recommendation made or referred to it,
(d)
enabling a standards committee of a relevant authority, following its consideration of any such report or recommendations, to take any action prescribed by the regulations (including action against any member or co-opted member (or former member or co-opted member) of F34a relevant authority who is the subject of any such report or recommendation),
(e)
the publicity to be given to any such reports, recommendations or action.
(3)
The provision which may be made by virtue of subsection (2)(a) includes provision for or in connection with—
(a)
conferring powers on a monitoring officer of a relevant authority to enable him to conduct an investigation in respect of any matters referred to him,
(b)
conferring rights (including the right to make representations) on any member or co-opted member (or former member or co-opted member) of a relevant authority who is the subject of any such investigation.
(4)
The provision which may be made by virtue of subsection (2)(d) includes provision for or in connection with—
(a)
enabling a standards committee of a relevant authority to censure a member or co-opted member (or former member or co-opted member)F35...,
(b)
enabling a standards committee of a relevant authority to suspend or partially suspend a person from being a member or co-opted member of the authority F36of which they are a member for a limited period,
(c)
conferring a right of appeal on a member or co-opted member (or former member or co-opted member) of a relevant authority in respect of any action taken against him.
(5)
Nothing in subsection (2), (3) or (4) affects the generality of the power under subsection (1).
F37(6)
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(7)
74 Law of defamation.
For the purposes of the law of defamation, any statement (whether written or oral) made by F40the Public Services Ombudsman for Wales in connection with the exercise of his functions under this Part shall be absolutely privileged.