Commissioner for Older People (Wales) Act 2006

SCHEDULES

Section 1

SCHEDULE 1 The Commissioner for Older People in Wales

Status

1 (1) The Commissioner is a corporation sole.

(2) The Commissioner is not to be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown.

(3) The Commissioner’s property is not to be regarded as property of, or property held on behalf of, the Crown.

Appointment and term of office

2 Regulations may make provision—

(a) as to the appointment of the Commissioner (including any conditions to be fulfilled for appointment);

(b) as to the term of office of the Commissioner (including the circumstances in which he ceases to hold office or may be removed or suspended from office).

Remuneration etc

3 (1) The Assembly must—

(a) pay the Commissioner such remuneration and allowances, and

(b) pay, or make provision for the payment of, such pensions or gratuities to or in respect of him,

as may be provided for under the terms of his appointment.

(2) The Assembly must pay to or in respect of a person who has ceased to hold office as the Commissioner—

(a) such amounts by way of pensions and gratuities, and

(b) such amounts by way of provision for those benefits,

as may have been provided for under the terms of his appointment.

(3) If a person ceases to be the Commissioner and it appears to the Assembly that there are special circumstances which make it right that the person should receive compensation, the Assembly may pay to that person a sum of such amount as it thinks appropriate.

Deputy Commissioner and other staff

4 (1) The Commissioner must appoint a deputy Commissioner.

(2) The deputy Commissioner is a member of the Commissioner’s staff.

(3) The deputy Commissioner may discharge the functions of the Commissioner during a vacancy in the office of Commissioner or at any time when the Commissioner is for any reason unable to act.

(4) At any time when the deputy Commissioner has power to act under sub-paragraph (3), any property or rights vested in the Commissioner may be dealt with by the deputy Commissioner as if vested in him.

(5) The Commissioner may appoint such other staff as he thinks necessary for assisting him in the discharge of his functions.

Delegation

5 A function of the Commissioner may be discharged on his behalf by any person including any member of his staff, to the extent authorised by the Commissioner.

Superannuation Act 1972 (c. 11)

6 (1) In the Superannuation Act 1972 in Schedule 1 (kinds of employment to which section 1 of that Act applies)—

(a) in the list of “Other Bodies”, at the end insert “Employment as a member of staff of the Commissioner for Older People in Wales”;

(b) in the list of “Offices”, at the appropriate place insert “Commissioner for Older People in Wales”.

(2) The Assembly must pay to the Minister for the Civil Service, at such times as he may direct, such sums as he may determine in respect of any increase attributable to sub-paragraph (1) in the sums payable out of money provided by Parliament under the Superannuation Act 1972 (c. 11).

Payments by the Assembly

7 The Assembly may make payments to the Commissioner of such amounts, at such times and on such conditions (if any) as it thinks appropriate.

Reports to the Assembly

8 (1) Regulations may make provision about the making by the Commissioner of periodic or other reports to the Assembly relating to the discharge of his functions.

(2) The regulations may in particular—

(a) specify the contents of a report and the persons to whom copies of a report must be sent;

(b) make provision about the publication of a report.

(3) Subject to sub-paragraph (4), a report made by the Commissioner under the regulations must not—

(a) mention the name of any person, or

(b) include any particulars which, in the opinion of the Commissioner, are likely to identify any person and which, in his opinion, can be omitted without impairing the effectiveness of the report.

(4) Sub-paragraph (3) does not apply if, after taking account of the interests of any persons he thinks appropriate, the Commissioner considers it to be in the public interest to include that information in the report.

Estimates

9 (1) For each financial year other than the first, the Commissioner must prepare an estimate of the income and expenses of his office.

(2) The Commissioner must submit the estimate to the Assembly Cabinet at least five months before the beginning of the financial year to which it relates.

(3) The Assembly Cabinet must examine an estimate submitted to it in accordance with sub-paragraph (2) and must then lay the estimate before the Assembly with any modifications it thinks appropriate.

Accounts

10 (1) The Commissioner must—

(a) keep proper accounting records, and

(b) prepare accounts in respect of each financial year in accordance with directions given, with the consent of the Treasury, by the Assembly.

(2) The directions which the Assembly may give under sub-paragraph (1)(b) include, in particular, directions as to—

(a) the information to be contained in the accounts and the manner in which it is to be presented;

(b) the methods and principles in accordance with which the accounts are to be prepared;

(c) the additional information (if any) that is to accompany the accounts.

(3) A direction given by the Assembly under sub-paragraph (1)(b) may be amended or revoked by a subsequent such direction.

Accounting officer

11 (1) The Commissioner is the accounting officer for the office of the Commissioner.

(2) The accounting officer has, in relation to the accounts and the finances of the Commissioner, the responsibilities which are from time to time specified by the Treasury.

(3) In this paragraph references to responsibilities include in particular—

(a) responsibilities in relation to the signing of accounts,

(b) responsibilities for the propriety and regularity of the finances of the Commissioner, and

(c) responsibilities for the economy, efficiency and effectiveness with which the resources of the Commissioner are used.

(4) The responsibilities which may be specified under this paragraph include responsibilities owed to—

(a) the Assembly, the Assembly Cabinet or the Audit Committee, or

(b) the House of Commons or its Committee of Public Accounts.

(5) If requested to do so by the House of Commons Committee of Public Accounts, the Audit Committee may—

(a) on behalf of the Committee of Public Accounts take evidence from the accounting officer, and

(b) report to the Committee of Public Accounts and transmit to that Committee any evidence so taken.

Audit

12 (1) The accounts prepared by the Commissioner for a financial year must be submitted by him to the Auditor General for Wales no later than 30 November in the following financial year.

(2) The Auditor General for Wales must—

(a) examine, certify and report on each set of accounts submitted to him under this paragraph, and

(b) no later than four months after the accounts are submitted to him, lay before the Assembly a copy of them as certified by him together with his report on them.

(3) In examining accounts submitted to him under this paragraph, the Auditor General for Wales must, in particular, satisfy himself that the expenditure to which the accounts relate has been incurred lawfully and in accordance with the authority which governs it.

Examinations into the use of resources

13 (1) The Auditor General for Wales may carry out examinations into the economy, efficiency and effectiveness with which the Commissioner has used his resources in discharging his functions.

(2) Sub-paragraph (1) is not to be construed as entitling the Auditor General for Wales to question the merits of the policy objectives of the Commissioner.

(3) In determining how to discharge his functions under this paragraph, the Auditor General for Wales must take into account the views of the Audit Committee as to the examinations which he should carry out.

(4) The Auditor General for Wales may lay before the Assembly a report of the results of any examination carried out by him under this paragraph.

Examinations by the Comptroller and Auditor General

14 (1) For the purposes of enabling him to carry out examinations into, and report to Parliament on, the finances of the Commissioner, the Comptroller and Auditor General—

(a) has a right of access at all reasonable times to all such documents in the custody of or under the control of the Commissioner, or of the Auditor General for Wales, as he may reasonably require for that purpose, and

(b) is entitled to require from any person holding or accountable for any of those documents any assistance, information or explanation which he reasonably thinks necessary for that purpose.

(2) The Comptroller and Auditor General must—

(a) consult the Auditor General for Wales, and

(b) take account of any relevant work done or being done by the Auditor General for Wales,

before he acts in reliance on sub-paragraph (1) or carries out an examination in respect of the Commissioner under section 7 of the National Audit Act 1983 (c. 44) (economy etc. examinations).

Evidence

15 A document purporting to be duly executed under the seal of the Commissioner or to be signed by him or on his behalf is to be received in evidence and, unless the contrary is proved, taken to be so executed or signed.

Disqualifications

16 In the House of Commons Disqualification Act 1975 (c. 24) in Part 3 of Schedule 1 (certain disqualifying offices), at the appropriate places insert the following entries—

“Commissioner for Older People in Wales”;

“Member of staff of the Commissioner for Older People in Wales”.

17 In the Northern Ireland Assembly Disqualification Act 1975 (c. 25) in Part 3 of Schedule 1 (certain disqualifying offices), at the appropriate places insert the following entries—

“Commissioner for Older People in Wales”;

“Member of staff of the Commissioner for Older People in Wales”.

Welsh language scheme

18 In section 6(1) of the Welsh Language Act 1993 (c. 38) (public bodies for the purposes of Part 2 of that Act), after paragraph (n) insert—

“(na) the Commissioner for Older People in Wales;”.

Supplementary powers

19 (1) Subject to any directions given by the Assembly, the Commissioner may do anything (including acquire or dispose of any property or rights) which is calculated to facilitate, or is conducive or incidental to, the discharge of his functions.

(2) A direction given by the Assembly under sub-paragraph (1) may be amended or revoked by a subsequent such direction.

Miscellaneous

20 In section 144 of the Government of Wales Act 1998 (c. 38) (accounts, audit and reports), in subsection (8)(a), after “the Children’s Commissioner for Wales,” insert “the Commissioner for Older People in Wales,”.

21 In the Freedom of Information Act 2000 (c. 36)—

(a) in the table in section 76(1) (disclosure of information between Information Commissioner and ombudsmen), at the end insert—

“The Commissioner for Older People in Wales

The Commissioner for Older People (Wales) Act 2006”;

(b) in Part 6 of Schedule 1 (other public bodies: general), at the appropriate place insert “The Commissioner for Older People in Wales”.

Financial year

22 Regulations must specify the periods which are to be treated, for the purposes of this Schedule, as the first and subsequent financial years of the Commissioner.

Section 3

SCHEDULE 2 Persons whose functions are subject to review under section 3

• Local government and fire

  • A county council, county borough council or community council in Wales.

  • A joint board the constituent authorities of which are all county or county borough councils in Wales.

  • A fire and rescue authority in Wales constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 (c. 21) or a scheme to which section 4 of that Act applies.

• Health and social care

  • The Care Council for Wales.

  • A Local Health Board.

  • An NHS trust managing a hospital or other establishment or facility in Wales.

  • A Special Health Authority discharging functions in relation to Wales.

  • The Wales Centre for Health.

  • A family health service provider in Wales.

  • An independent provider in Wales.

  • Health Professions Wales or Proffesiynau Iechyd Cymru.

  • National Leadership and Innovations Agency for Healthcare.

• Education and training

  • The National Council for Education and Training for Wales.

  • The Office of Her Majesty’s Chief Inspector of Education and Training in Wales or Prif Arolygydd Ei Mawrhydi dros Addysg a Hyfforddiant yng Nghymru.

  • The Higher Education Funding Council for Wales.

  • A further education corporation discharging functions in relation to Wales.

  • A higher education corporation discharging functions in relation to Wales.

  • An institution in Wales falling within section 91(5)(a) of the Further and Higher Education Act 1992 (c. 13).

  • The governing body of a maintained school in Wales at which further education is provided.

  • The Qualifications, Curriculum and Assessment Authority for Wales.

• Arts and leisure

  • The Arts Council of Wales.

  • The Sports Council for Wales.

  • The Wales Tourist Board.

  • The National Library of Wales.

  • The National Museums and Galleries of Wales.

  • The Royal Commission on the Ancient and Historical Monuments of Wales.

• Environment

  • A National Park authority for a National Park in Wales.

  • The Countryside Council for Wales.

  • The Environment Agency.

  • The Forestry Commissioners.

• Miscellaneous

  • The Welsh Development Agency.

  • The Welsh Language Board.

  • An agricultural wages committee for an area wholly in, or consisting of, Wales.

Section 6

SCHEDULE 3 Persons whose arrangements are subject to review under section 5

• Local government

  • A county council or county borough council in Wales.

• Health and social care

  • A Local Health Board.

  • An NHS trust managing a hospital or other establishment or facility in Wales.

  • A Special Health Authority discharging functions in relation to Wales.

  • A family health service provider in Wales.

  • An independent provider in Wales.

• Education and training

  • The National Council for Education and Training for Wales.

  • A further education corporation discharging functions in relation to Wales.

  • A higher education corporation discharging functions in relation to Wales.

  • An institution in Wales falling within section 91(5)(a) of the Further and Higher Education Act 1992 (c. 13).

  • The governing body of a maintained school in Wales at which further education is provided.

Section 22

SCHEDULE 4 Minor and consequential amendments

Care Standards Act 2000 (c. 14)

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

(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)

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

(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;)”