Complaints spanning commencement date6.
(1)
Where this article applies the Ombudsman must consider the complaint in accordance with the provisions of Part 2 of the Act.
(2)
This article applies where—
(a)
a complaint has been duly made or referred to the Ombudsman in respect of a matter which relates to events that occurred before 1 April 2006 and events that occurred after that date, and
(b)
as regards the events that occurred before 1 April 2006 a complaint could (but for the other provisions of the Act) have been but has not been made to an existing Welsh Ombudsman under the relevant existing enactment.
(3)
For the purposes of this article the Ombudsman is not prevented from investigating a matter (or part of a matter) in accordance with Part 2 of the Act only because it relates to events that occurred before 1 April 2006.
(4)
For the purposes of paragraph (2) above—
(a)
“existing Welsh Ombudsman”, and
(b)
“the relevant existing enactment”,
have the same meanings as in section 38(6).