Commissioner for Older People (Wales) Act 2006

Valid from 14/10/2006

Section 22

SCHEDULE 4 E+W Minor and consequential amendments

Care Standards Act 2000 (c. 14) E+W

1 (1) The Care Standards Act 2000 is amended as follows. E+W

(2) After section 75 (obstruction etc) insert—

“75ZA Working with the Commissioner for Older People in Wales

(1) This section applies where it appears to the Commissioner that a case which he is—

(a) examining in accordance with regulations made under section 74, or

(b) considering whether to examine in accordance with such regulations,

relates to or raises a matter which could be the subject of an examination by the Commissioner for Older People in Wales (the ‘connected matter’).

(2) Where the Commissioner considers it appropriate, he must inform the Commissioner for Older People in Wales about the connected matter.

(3) Where the Commissioner considers that the case also relates to or raises a matter which he is entitled to examine himself (‘the children matter’), he must also if he considers it appropriate—

(a) inform the Commissioner for Older People in Wales about the Commissioner's proposals for the examination of the case; and

(b) consult the Commissioner for Older People in Wales about those proposals.

(4) Where the Commissioner and the Commissioner for Older People in Wales consider that they are entitled to examine, respectively, the children matter and the connected matter they may—

(a) co-operate with each other in the separate examination of each of those matters;

(b) act together in the examination of those matters; and

(c) prepare and publish a joint report containing their respective conclusions in relation to the matters they have each examined.

(5) Where the Commissioner considers—

(a) that the case is not one which relates to or raises a matter that he is entitled to examine himself, and

(b) that it is appropriate to do so,

he must inform the person whose case it is, or another person interested in it that he thinks fit, about how to secure the referral to the Commissioner for Older People in Wales of the connected matter.”

(3) In section 76 (further functions) in subsection (5), after “in particular” insert “ (a) ” and at the end insert—

“(b) provide that the Commissioner may make a joint report with the Commissioner for Older People in Wales where they have discharged their respective functions under this Act and the Commissioner for Older People (Wales) Act 2006 in relation to the same matters.”

Public Services Ombudsman (Wales) Act 2005 (c. 10) E+W

2 (1) The Public Services Ombudsman (Wales) Act 2005 is amended as follows. E+W

(2) After section 25 (consultation and co-operation with other ombudsmen) insert—

“25A Working jointly with the Commissioner for Older People in Wales

(1) This section applies where it appears to the Ombudsman that—

(a) there is a complaint in respect of a matter which he is entitled to investigate; and

(b) the matter is one which could also be the subject of an examination by the Commissioner for Older People in Wales (the `Commissioner').

(2) Where the Ombudsman considers it appropriate, he must—

(a) inform the Commissioner about the matter; and

(b) consult him in relation to it.

(3) Where the Ombudsman consults the Commissioner under this section, he and the Commissioner may—

(a) co-operate with each other in relation to the matter;

(b) conduct a joint investigation into the matter;

(c) prepare and publish a joint report in relation to the investigation.

25B Working collaboratively with the Commissioner for Older People in Wales

(1) This section applies where it appears to the Ombudsman that a complaint relates to or raises a matter which could be the subject of an examination by the Commissioner (the ‘connected matter’).

(2) Where the Ombudsman considers it appropriate, he must inform the Commissioner about the connected matter.

(3) Where the Ombudsman considers that the complaint also relates to or raises a matter into which he is entitled to conduct an investigation himself (‘the ombudsman matter’), he must also if he considers it appropriate—

(a) inform the Commissioner about the Ombudsman's proposals for conducting an investigation into the complaint; and

(b) consult the Commissioner about those proposals.

(4) Where the Ombudsman and the Commissioner consider that they are entitled to investigate, respectively, the ombudsman matter and the connected matter they may—

(a) co-operate with each other in the separate investigation of each of those matters;

(b) act together in the investigation of those matters; and

(c) prepare and publish a joint report containing their respective conclusions in relation to the matters they have each investigated.

(5) Where the Ombudsman considers—

(a) that the complaint does not relate to or raise a matter into which he is entitled to conduct an investigation himself, and

(b) that it is appropriate to do so,

he must inform the person who initiated the complaint about how to secure the referral of the connected matter to the Commissioner.

(6) In this section ‘Commissioner’ has the meaning given in section 25A.”

(3) In section 26 (disclosure of information)—

(a) in subsection (1) after paragraph (b) insert—

“(ba) information obtained from the Commissioner for Older People in Wales by virtue of any provision of section 25A or 25B of this Act or section 16 or 17 of the Commissioner for Older People (Wales) Act 2006;”

(b) in subsection (2)(e) after “section 25” insert “ , 25A or 25B ”.

(4) In section 41 (interpretation), for the definition of “investigation” substitute—

“‘investigation’—

(a) in relation to the Ombudsman, means an investigation under section 2 (and cognate expressions must be construed accordingly);

(b) in relation to another ombudsman or commissioner, includes an examination (and cognate expressions must be construed accordingly;)”