xmlns:atom="http://www.w3.org/2005/Atom" xmlns:atom="http://www.w3.org/2005/Atom"

Part 3E+WMiscellaneous and General

Conduct of local government members and employeesE+W

35Conduct of local government members and employeesE+W

Schedule 4 (which confers functions on the Ombudsman in relation to the conduct of local government members and employees) has effect.

Commencement Information

I1S. 35 wholly in force at 1.4.2006; s. 35 not in force at Royal Assent see s. 40; s. 35 in force for certain purposes at 12.10.2005 and wholly in force at 1.4.2006 by S.I. 2005/2800, arts. 4(1)(2), 5(1)(3) (with art. 4(2)(3))

Abolition of existing bodies and officesE+W

36Abolition of existing bodies and officesE+W

(1)The Commission for Local Administration in Wales is abolished.

(2)The office of Welsh Administration Ombudsman is abolished.

(3)The office of Health Service Commissioner for Wales is abolished.

(4)The office of Social Housing Ombudsman for Wales is abolished.

37Transfer of property, staff etc.E+W

Schedule 5 (which provides for the transfer of property, staff etc. to the Ombudsman) has effect.

38Undetermined complaintsE+W

(1)Subsection (2) applies if—

(a)a complaint has been made or referred to an existing Welsh ombudsman before the commencement date, and

(b)the complaint has not been determined by that ombudsman before that date.

(2)On and after the commencement date, the relevant existing enactment continues to apply for the purposes of the complaint despite the other provisions of this Act.

(3)Subsection (4) applies if—

(a)a complaint could (but for the other provisions of this Act) have been made or referred to an existing Welsh ombudsman, and

(b)the complaint relates to action taken by a person before the commencement date.

(4)On and after the commencement date, the relevant existing enactment continues to apply for the purposes of enabling the complaint to be made or referred, and for the purposes of the complaint if made or referred, despite the other provisions of this Act.

(5)As applied by subsections (2) and (4), the relevant existing enactment has effect as if for references to the existing Welsh ombudsman in relation to which that enactment applies there were substituted references to the Ombudsman.

(6)In this section—

GeneralE+W

39Amendments and repealsE+W

(1)Schedule 6 (which contains amendments consequential on this Act) has effect.

(2)Schedule 7 (which contains repeals) has effect.

Commencement Information

I2S. 39 wholly in force at 1.4.2006; s. 39 not in force at Royal Assent see s. 40; s. 39 in force for certain purposes at 12.10.2005 and wholly in force at 1.4.2006 by S.I. 2005/2800, arts. 3, 5(1)(3), Sch. 1 (with arts. 5(2), 7, Sch. 2)

40CommencementE+W

The preceding provisions of this Act come into force in accordance with provision made by the [F1Welsh Ministers] by order.

Subordinate Legislation Made

P1S. 40 power partly exercised: different dates appointed for specified provisions by {S.I. 2005/2800}, arts. 3, 4(1)(2), 5(1)(3), Sch. 1 (with arts. 4(3), 5(2), 7, Sch. 2)

Textual Amendments

F1Words in s. 40 substituted by Government of Wales Act 2006 (c. 32), s. 160(1), Sch. 10 para. 81 (with Sch. 11 para. 22), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) of the amending Act, which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(1)(4)(5) of the amending Act.

41InterpretationE+W

(1)In this Act—

(2)For the purposes of the definition of “independent provider in Wales”, arrangements with the [F21Welsh Ministers] are arrangements with a Welsh health service body only to the extent that they are made in the discharge of a function of the [F21Welsh Ministers] relating to the National Health Service.

[F22(2A)A statutory instrument containing an order under subsection (1) is subject to annulment in pursuance of a resolution of the Assembly.]

(3)The [F23Welsh Ministers] may by order amend the definitions of “family health service provider in Wales”, “independent provider in Wales” and “social landlord in Wales”.

(4)Before making an order under subsection (3), the [F24Welsh Ministers] must consult such persons as [F25they think] appropriate.

[F26(4A)No order is to be made under subsection (3) unless a draft of the statutory instrument containing it has been laid before, and approved by a resolution of, the Assembly.]

(5)Section 13 of the National Audit Act 1983 (c. 44) (interpretation of references to the Committee of Public Accounts) applies for the purposes of this Act as it applies for the purposes of that Act.

(6)For the purposes of this Act, references to action taken by a listed authority include action taken by—

(a)a member, co-opted member, committee or sub-committee of the authority acting in the discharge of functions of the authority;

(b)an officer or member of staff of the authority, whether acting in the discharge of his own functions or the functions of the authority;

(c)any other person acting on behalf of the authority.

Textual Amendments

F2S. 41(1): definition repealed by Government of Wales Act 2006 (c. 32), ss. 160(1), 163, Sch. 10 para. 82(2)(a), Sch. 12 (with Sch. 11 para. 22), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) of the amending Act, which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(1)(4)(5) of the amending Act.

F5S. 41(1): words in definition omitted (1.3.2007) by virtue of National Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 2, 8, Sch. 1 para. 280(a)(ii) (with Sch. 3 Pt. 1)

F8S. 41(1): words in para. (d) in definition of "family health service provider in Wales" omitted (1.4.2006) by virtue of The Public Services Ombudsman for Wales (Jurisdiction and Transitional Provisions and Savings) Order 2006 (S.I. 2006/363), art. 4(c) (with arts. 5-7)

F14S. 41(1): words in definition substituted by Government of Wales Act 2006 (c. 32), s. 160(1), Sch. 10 para. 82(2)(b) (with Sch. 11 para. 22), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) of the amending Act, which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(1)(4)(5) of the amending Act.

F15S. 41(1): words in definition substituted by Government of Wales Act 2006 (c. 32), s. 160(1), Sch. 10 para. 82(2)(c)(i) (with Sch. 11 para. 22), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) of the amending Act, which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(1)(4)(5) of the amending Act.

F16S. 41(1): words in definition inserted by Government of Wales Act 2006 (c. 32), s. 160(1), Sch. 10 para. 82(2)(c)(i) (with Sch. 11 para. 22), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) of the amending Act, which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(1)(4)(5) of the amending Act.

F17S. 41(1): words in definition substituted by Government of Wales Act 2006 (c. 32), s. 160(1), Sch. 10 para. 82(2)(c)(ii) (with Sch. 11 para. 22), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) of the amending Act, which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(1)(4)(5) of the amending Act.

F20S. 41(1): words in definition substituted by Government of Wales Act 2006 (c. 32), s. 160(1), Sch. 10 para. 82(2)(d) (with Sch. 11 para. 22), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) of the amending Act, which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(1)(4)(5) of the amending Act.

F21Words in s. 41(2) substituted by Government of Wales Act 2006 (c. 32), s. 160(1), Sch. 10 para. 82(3) (with Sch. 11 para. 22), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) of the amending Act, which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(1)(4)(5) of the amending Act.

F22S. 41(2A) inserted by Government of Wales Act 2006 (c. 32), s. 160(1), Sch. 10 para. 82(4) (with Sch. 11 para. 22), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) of the amending Act, which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(1)(4)(5) of the amending Act.

F23Words in s. 41(3) substituted by Government of Wales Act 2006 (c. 32), s. 160(1), Sch. 10 para. 82(5) (with Sch. 11 para. 22), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) of the amending Act, which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(1)(4)(5) of the amending Act.

F24Words in s. 41(4) substituted by Government of Wales Act 2006 (c. 32), s. 160(1), Sch. 10 para. 82(6)(a) (with Sch. 11 para. 22), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) of the amending Act, which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(1)(4)(5) of the amending Act.

F25Words in s. 41(4) substituted by Government of Wales Act 2006 (c. 32), s. 160(1), Sch. 10 para. 82(6)(b) (with Sch. 11 para. 22), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) of the amending Act, which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(1)(4)(5) of the amending Act.

F26S. 41(4A) inserted by Government of Wales Act 2006 (c. 32), s. 160(1), Sch. 10 para. 82(7) (with Sch. 11 para. 22), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) of the amending Act, which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(1)(4)(5) of the amending Act.

42Former health care providers [F27social landlords, social care providers and palliative care providers] : modificationsE+W

(1)The [F28Welsh Ministers] may by regulations provide for this Act to apply with the modifications specified in the regulations to persons who are—

(a)former family health service providers in Wales;

(b)former independent providers in Wales;

(c)former social landlords in Wales.

[F29(d)former care home providers in Wales;

(e)former domiciliary care providers in Wales;

(f)former independent palliative care providers in Wales.]

(2)Former family health service provider in Wales” means a person who—

(a)at the relevant time, provided family health services of a particular description, and

(b)subsequently ceased to provide services of that description (whether or not he has later started to provide them again).

(3)Former independent provider in Wales” means a person who—

(a)at the relevant time, provided services of a particular description in Wales under arrangements with a Welsh health service body or a family health service provider in Wales,

(b)was not a Welsh health service body or a family health service provider in Wales at that time, and

(c)subsequently ceased to provide services of that description (whether or not he has later started to provide them again).

(4)Former social landlord in Wales” means a person who—

(a)at the relevant time—

(i)was registered as a social landlord in the register maintained by the [F30Welsh Ministers] under section 1 of the Housing Act 1996 (c. 52) (or in the register previously maintained under that section by the Secretary of State or Housing for Wales), or

(ii)was registered with Housing for Wales, the Secretary of State [F31, the Assembly constituted by the Government of Wales Act 1998 or the Welsh Ministers] and owned or managed publicly-funded dwellings, and

(b)subsequently—

(i)ceased to be registered as mentioned in paragraph (a)(i) or (ii) (whether or not he later became so registered again), or

(ii)ceased to own or manage publicly-funded dwellings (whether or not he later did so again).

[F32(4A)Former care home provider in Wales” means a person who—

(a)at the relevant time, provided accommodation, nursing or personal care of a particular description at a care home (within the meaning given by the Care Standards Act 2000) in Wales, and

(b)subsequently ceased to do so (whether or not the person has later started to do so again).

(4B)Former domiciliary care provider in Wales” means a person who—

(a)at the relevant time, provided domiciliary care services of a particular description in Wales, and

(b)subsequently ceased to do so (whether or not the person has later started to provide those services again).

(4C)Former independent palliative care provider in Wales” means a person who—

(a)at the relevant time, provided a palliative care service of a particular description in Wales, and

(b)subsequently ceased to do so (whether or not the person has later started to do so again).]

(5)The relevant time” is the time of action which is the subject of a complaint under this Act.

[F33(6)No regulations are to be made under this section unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, the Assembly.]

Textual Amendments

F28Words in s. 42(1) substituted by Government of Wales Act 2006 (c. 32), s. 160(1), Sch. 10 para. 83(2) (with Sch. 11 para. 22), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) of the amending Act, which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(1)(4)(5) of the amending Act.

F30Words in s. 42(4)(a)(i) substituted by Government of Wales Act 2006 (c. 32), s. 160(1), Sch. 10 para. 83(3)(a) (with Sch. 11 para. 22), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) of the amending Act, which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(1)(4)(5) of the amending Act.

F31Words in s. 42(4)(a)(ii) substituted by Government of Wales Act 2006 (c. 32), s. 160(1), Sch. 10 para. 83(3)(b) (with Sch. 11 para. 22), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) of the amending Act, which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(1)(4)(5) of the amending Act.

F33S. 42(6) inserted by Government of Wales Act 2006 (c. 32), s. 160(1), Sch. 10 para. 83(4) (with Sch. 11 para. 22), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) of the amending Act, which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(1)(4)(5) of the amending Act.

43Consequential, transitional provisions etc.E+W

(1)The [F34Welsh Ministers] may by order make—

(a)such consequential, incidental or supplemental provision, and

(b)such transitory, transitional or saving provision,

as [F35they think] necessary or expedient for the purposes of, in consequence of, or for giving full effect to, any provision of this Act.

(2)An order under subsection (1) may in particular amend, repeal or revoke any enactment other than one contained in an Act passed in a Session after that in which this Act is passed.

(3)The amendments that may be made by virtue of subsection (2) are in addition to those made by or under any other provision of this Act.

[F36(4)No order is to be made under subsection (1) unless a draft of the statutory instrument containing it has been laid before, and approved by a resolution of, the Assembly.]

Textual Amendments

F34Words in s. 43(1) substituted by Government of Wales Act 2006 (c. 32), s. 160(1), Sch. 10 para. 84(2)(a) (with Sch. 11 para. 22), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) of the amending Act, which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(1)(4)(5) of the amending Act.

F35Words in s. 43(1) substituted by Government of Wales Act 2006 (c. 32), s. 160(1), Sch. 10 para. 84(2)(b) (with Sch. 11 para. 22), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) of the amending Act, which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(1)(4)(5) of the amending Act.

F36S. 43(4) inserted by Government of Wales Act 2006 (c. 32), s. 160(1), Sch. 10 para. 84(3) (with Sch. 11 para. 22), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) of the amending Act, which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(1)(4)(5) of the amending Act.

44Orders, regulations and directionsE+W

(1)A power of the [F37Welsh Ministers] to make an order or regulations under this Act is exercisable by statutory instrument.

(2)An order or regulations made by the [F37Welsh Ministers] under this Act may—

(a)make different provision for different purposes;

(b)make consequential, incidental, supplemental, transitory, transitional or saving provision.

(3)F38. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)A direction given under this Act—

(a)may be amended or revoked by the person who gave it;

(b)may make different provision for different purposes.

Textual Amendments

F37Words in s. 44(1)(2) substituted by Government of Wales Act 2006 (c. 32), s. 160(1), Sch. 10 para. 85(2) (with Sch. 11 para. 22), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) of the amending Act, which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(1)(4)(5) of the amending Act.

F38S. 44(3) repealed by Government of Wales Act 2006 (c. 32), s. 160(1), 163, Sch. 10 para. 85(3), Sch. 12 (with Sch. 11 para. 22), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) of the amending Act, which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(1)(4)(5) of the amending Act.

45ExtentE+W

(1)Subject to subsection (2), this Act extends to England and Wales only.

(2)An amendment or repeal made by this Act has the same extent as the provision amended or repealed.

46Short titleE+W

This Act may be cited as the Public Services Ombudsman (Wales) Act 2005.