Public Services Ombudsman (Wales) Act 2005

3 (1) A person's term of office as the Ombudsman is seven years (subject to sub-paragraphs (3) and (4) and paragraph 5). E+W

(2) A person appointed as the Ombudsman is not eligible for re-appointment.

(3) Her Majesty may relieve a person of office as the Ombudsman—

(a) at his request, or

[F1 (b) on Her Majesty being satisfied that the person is incapable for medical reasons of performing the duties of the office.]

(4) Her Majesty may remove a person from office as the Ombudsman [F2 on the making of a recommendation, on the ground of the person's misbehaviour, that Her Majesty should do so.]

[F3 (5) A recommendation for the removal of a person from office as the Ombudsman may not be made unless—

(a) the Assembly has resolved that the recommendation should be made, and

(b) the resolution of the Assembly is passed on a vote in which the number of Assembly members voting in favour of it is not less than two-thirds of the total number of Assembly seats.]

Textual Amendments

F1 Sch. 1 para. 3(3)(b) substituted by Government of Wales Act 2006 (c. 32), s. 160(1), Sch. 10 para. 86(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.

F2 Words in Sch. 1 para. 3(4) substituted by Government of Wales Act 2006 (c. 32), s. 160(1), Sch. 10 para. 86(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.

F3 Sch. 1 para. 3(5) substituted by Government of Wales Act 2006 (c. 32), s. 160(1), Sch. 10 para. 86(3)(c) (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.

Commencement Information

I1 Sch. 1 para. 3 wholly in force at 1.4.2006; Sch. 1 para. 3 not in force at Royal Assent see s. 40; Sch. 1 para. 3 in force for certain purposes at 12.10.2005 and wholly in force at 1.4.2006 by S.I. 2005/2800, arts. 3(a), 5(1)(3), Sch. 1 Pt. 1