The Regulatory Reform (Local Commissioner for Wales) Order 2004

Explanatory Note

(This note is not part of the Order)

The Order amends Part 3 of the Local Government Act 1974 (Local Government Administration) (“the 1974 Act”) and makes some consequential changes to the Health Service Commissioners Act 1993 and the Government of Wales Act 1998.

Part 3 of the 1974 Act makes provision, amongst other things, for membership of the Commission for Local Administration in Wales (“the Welsh Commission”) and for a Local Commissioner for Wales to investigate complaints of maladministration against certain local authorities and other bodies in Wales. A Local Commissioner for Wales may also investigate the conduct of local government members under Part 3, Chapter 3 of the Local Government Act 2000.

Main change

The Parliamentary Commissioner for Administration (see the Parliamentary Commissioners Act 1967) and Welsh Administration Ombudsman (see Schedule 9 to the Government of Wales Act 1998) are members of the Welsh Commission but previously could not act as a Local Commissioner for Wales.

Article 2(2) amends section 23 of the 1974 Act so as to remove the restriction on the Welsh Administration Ombudsman (but not the Parliamentary Commissioner for Administration) from acting as a Local Commissioner for Wales where the person who holds the office of Welsh Administration Ombudsman has been appointed to the Commission for Local Administration in Wales under section 23(4) after consultation with representatives of local authorities in Wales.

Consequential changes

Article 2(3) inserts a new section 32A into the 1974 Act. This is to provide that information acquired by a Local Commissioner for Wales can be used by him when acting as Welsh Administration Ombudsman or as the Health Service Commissioner for Wales.

Articles 3 and 4 make consequential amendments to section 17 of the Health Service Commissioners Act 1993 and to paragraph 26 of Schedule 9 to the Government of Wales Act 1998.

A consultation document was published by the Welsh Assembly Government on behalf of the Secretary of State for Wales in July 2003. Copies may be obtained from the Public Administration and Honours Unit, Welsh Assembly Government, Cathays Park, Cardiff CF10 3NQ.