S. 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)
S. 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)
Words 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.
S. 41(1): definition repealed by Government of Wales Act 2006 (c. 32), ss. 160(1), 163, Sch. 10 para. 82(2)(a), Sch. 12 (with Sch. 11 para. 22), the amending provision coming into force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.
S. 41(1): words in definition substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 2, 8, Sch. 1 para. 280(a)(i) (with Sch. 3 Pt. 1)
S. 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)
S. 41(1): words in definition substituted (1.4.2006) by The Public Services Ombudsman for Wales (Jurisdiction and Transitional Provisions and Savings) Order 2006 (S.I. 2006/363), art. 4(b) (with
S. 41(1): words in definition substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 2, 8, Sch. 1 para. 280(a)(iii) (with Sch. 3 Pt. 1)
S. 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
S. 41(1): definition substituted (14.10.2006) by Commissioner for Older People (Wales) Act 2006 (c. 30), ss. 22, 23, Sch. 4 para. 2(4); S.I. 2006/2699, art. 2
S. 41(1): words in definition substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 2, 8, Sch. 1 para. 280(b)
S. 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.
S. 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.
S. 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.
S. 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.
S. 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.
Words 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.
S. 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.
Words 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.
Words 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.
Words 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.
S. 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.
Words 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.
Words 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.
Words 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.
S. 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.
Words 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.
Words 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.
S. 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.
Words 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.
S. 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.
Words in s. 41(1) inserted (1.11.2014) by Social Services and Well-being (Wales) Act 2014 (anaw 4), s. 199(2), Sch. 3 para. 27(a); S.I. 2014/2718, art. 2(b)
Words in s. 41(1) inserted (1.11.2014) by Social Services and Well-being (Wales) Act 2014 (anaw 4), s. 199(2), Sch. 3 para. 27(b)(i); S.I. 2014/2718, art. 2(b)
Words in s. 41(1) inserted (1.11.2014) by Social Services and Well-being (Wales) Act 2014 (anaw 4), s. 199(2), Sch. 3 para. 27(b)(ii); S.I. 2014/2718, art. 2(b)
Words in s. 41(1) inserted (1.11.2014) by Social Services and Well-being (Wales) Act 2014 (anaw 4), s. 199(2), Sch. 3 para. 27(c)(i); S.I. 2014/2718, art. 2(b)
Words in s. 41(1) inserted (1.11.2014) by Social Services and Well-being (Wales) Act 2014 (anaw 4), s. 199(2), Sch. 3 para. 27(c)(ii); S.I. 2014/2718, art. 2(b)
Words in s. 41(1) inserted (1.11.2014) by Social Services and Well-being (Wales) Act 2014 (anaw 4), s. 199(2), Sch. 3 para. 27(d); S.I. 2014/2718, art. 2(b)
S. 42(4A)-(4C) inserted (1.11.2014) by Social Services and Well-being (Wales) Act 2014 (anaw 4), s. 199(2), Sch. 3 para. 29(3); S.I. 2014/2718, art. 2(b)
S. 42(1)(d)-(f) inserted (1.11.2014) by Social Services and Well-being (Wales) Act 2014 (anaw 4), s. 199(2), Sch. 3 para. 29(2); S.I. 2014/2718, art. 2(b)
Words in s. 42 heading substituted (1.11.2014) by Social Services and Well-being (Wales) Act 2014 (anaw 4), s. 199(2), Sch. 3 para. 28; S.I. 2014/2718, art. 2(b)
Words in s. 42(4A) substituted (2.4.2018) by Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2), s. 188(1), Sch. 3 para. 27; S.I. 2017/1326, art. 2(3)(h), Sch. (with art. 6)
Schedule 6 (which contains amendments consequential on this Act) has effect.
Schedule 7 (which contains repeals) has effect.
The preceding provisions of this Act come into force in accordance with provision made by the
In this Act—
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is a member of a committee or sub-committee of the authority, or
is a member of, and represents the authority on, a joint committee on which the authority is represented or a sub-committee of such a committee,
and who is entitled to vote on any question which falls to be decided at a meeting of the committee or sub-committee;
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a person who, at the time of action which is the subject of a complaint under this Act, provided services under a contract entered into by that person with a Local Health Board under
a person who, at that time, had undertaken to provide in Wales general ophthalmic services or pharmaceutical services under
an individual who, at that time, provided in Wales
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provided services of any kind in Wales under arrangements with a Welsh health service body or a family health service provider in Wales, and
was not a Welsh health service body or a family health service provider in Wales;
in relation to the Ombudsman, means an investigation under section 2
in relation to another ombudsman or commissioner, includes an examination (and cognate expressions must be construed accordingly;)
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a dwelling which was provided by means of a grant under—
section 18 of the Housing Act 1996 (c. 52) (social housing grant), or
section 50 of the Housing Act 1988 (c. 50), section 41 of the Housing Associations Act 1985 (c. 69), or section 29 or 29A of the Housing Act 1974 (c. 44) (housing association grant);
a dwelling which was acquired on a disposal by a public sector landlord (within the meaning of Part 1 of the Housing Act 1996);
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a body which was at the time of action which is the subject of a complaint under this Act registered as a social landlord in the register maintained by the
any other body which at the time of action which is the subject of a complaint under this Act was registered with Housing for Wales, the Secretary of State
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the
a Local Health Board;
an NHS trust managing a hospital or other establishment or facility in Wales;
a Special Health Authority not discharging functions only or mainly in England.
For the purposes of the definition of “independent provider in Wales”, arrangements with the
A statutory instrument containing an order under subsection (1) is subject to annulment in pursuance of a resolution of the Assembly.
The
Before making an order under subsection (3), the
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.
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.
For the purposes of this Act, references to action taken by a listed authority include action taken by—
a member, co-opted member, committee or sub-committee of the authority acting in the discharge of functions of the authority;
an officer or member of staff of the authority, whether acting in the discharge of his own functions or the functions of the authority;
any other person acting on behalf of the authority.
The
former family health service providers in Wales;
former independent providers in Wales;
former social landlords in Wales.
former care home providers in Wales;
former domiciliary care providers in Wales;
former independent palliative care providers in Wales.
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at the relevant time, provided family health services of a particular description, and
subsequently ceased to provide services of that description (whether or not he has later started to provide them again).
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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,
was not a Welsh health service body or a family health service provider in Wales at that time, and
subsequently ceased to provide services of that description (whether or not he has later started to provide them again).
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at the relevant time—
was registered as a social landlord in the register maintained by the
was registered with Housing for Wales, the Secretary of State
subsequently—
ceased to be registered as mentioned in paragraph (a)(i) or (ii) (whether or not he later became so registered again), or
ceased to own or manage publicly-funded dwellings (whether or not he later did so again).
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at the relevant time, provided accommodation, nursing or
subsequently ceased to do so (whether or not the person has later started to do so again).
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at the relevant time, provided domiciliary care services of a particular description in Wales, and
subsequently ceased to do so (whether or not the person has later started to provide those services again).
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at the relevant time, provided a palliative care service of a particular description in Wales, and
subsequently ceased to do so (whether or not the person has later started to do so again).
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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.
The
such consequential, incidental or supplemental provision, and
such transitory, transitional or saving provision,
as
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.
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.
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.
A power of the
An order or regulations made by the
make different provision for different purposes;
make consequential, incidental, supplemental, transitory, transitional or saving provision.
A direction given under this Act—
may be amended or revoked by the person who gave it;
may make different provision for different purposes.
Subject to subsection (2), this Act extends to England and Wales only.
An amendment or repeal made by this Act has the same extent as the provision amended or repealed.
This Act may be cited as the Public Services Ombudsman (Wales) Act 2005.