Valid from 14/10/2006
(1)For the purposes of the law of defamation, the following are absolutely privileged—
(a)the publication of a matter by the Commissioner in a report made under regulations made under section 15 or paragraph 8 of Schedule 1;
(b)the publication in communications between the Commissioner and the Public Services Ombudsman for Wales or another ombudsman of a matter which the Commissioner is permitted to disclose to that ombudsman by virtue of subsection (3)(a) of section 18;
(c)the publication in communications from the Commissioner to a person mentioned in subsection (3) of a matter in connection with an examination by the Commissioner into a case under regulations made under section 10.
(2)For the purposes of the law of defamation, the publication in communications from a person mentioned in subsection (3) to the Commissioner of a matter in connection with an examination by the Commissioner into a case under regulations made under section 10 has qualified privilege.
(3)The persons referred to in subsections (1)(c) and (2) are—
(a)the person whose case is being examined;
(b)a person whose conduct is the subject of the examination;
(c)a person with whom the Commissioner is communicating for the purpose of obtaining information about the case; and
(d)a person acting on behalf of a person falling within paragraphs (a) to (c).
(4)In this section “other ombudsman” has the same meaning as in section 17.