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Public Services Ombudsman (Wales) Act 2005

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Changes over time for: Cross Heading: Decisions not to investigate etc.

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No versions valid at: 07/04/2005

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Point in time view as at 07/04/2005. This version of this cross heading contains provisions that are not valid for this point in time. Help about Status

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There are currently no known outstanding effects for the Public Services Ombudsman (Wales) Act 2005, Cross Heading: Decisions not to investigate etc.. Help about Changes to Legislation

Valid from 01/04/2006

Decisions not to investigate etc.E+W

12Decisions not to investigate or to discontinue investigationE+W

(1)If the Ombudsman decides under section 2(5)—

(a)not to begin an investigation into a complaint in respect of a listed authority, or

(b)to discontinue such an investigation,

he must prepare a statement of the reasons for his decision.

(2)The Ombudsman must send a copy of the statement to—

(a)the person who made the complaint, and

(b)the listed authority.

(3)The Ombudsman may send a copy of the statement to any other persons he thinks appropriate.

(4)The Ombudsman may publish a statement under this section if, after taking account of the interests of the person aggrieved and any other persons he thinks appropriate, he considers it to be in the public interest to do so.

(5)The Ombudsman may supply a copy of a statement published under subsection (4), or any part of such a statement, to any person who requests it.

(6)The Ombudsman may charge a reasonable fee for supplying a copy of a statement, or part of a statement, under subsection (5).

(7)If a statement prepared under subsection (1)—

(a)mentions the name of any person other than the listed authority in respect of which the complaint was made, or

(b)includes any particulars which, in the opinion of the Ombudsman, are likely to identify any such person and which, in his opinion, can be omitted without impairing the effectiveness of the statement,

that information must not be included in a version of the statement sent to a person under subsection (2) or (3) or published under subsection (4), subject to subsection (8).

(8)Subsection (7) does not apply in relation to a version of the statement if, after taking account of the interests of the person aggrieved and any other persons he thinks appropriate, the Ombudsman considers it to be in the public interest to include that information in that version of the statement.

(9)If the Ombudsman would otherwise send a copy of a statement (or part of a statement) to the Assembly under subsection (2), (3) or (5), he must send the copy to the Assembly First Secretary instead.

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