Explanatory Note

(This note is not part of the Order)

This Order revokes three statutory instruments and amends others in consequence of the Public Services Ombudsman (Wales) Act 2005 (2005 c. 10) (“the Act”). This Order also makes transitional provisions in respect of the functions of the Local Commissioner in Wales under Part III of the Local Government Act 2000 (c. 22).

The Act establishes the office of the Public Services Ombudsman for Wales (“the Ombudsman”). The Act abolishes the offices of the Welsh Administration Ombudsman, the Health Service Commissioner for Wales and the Social Housing Ombudsman for Wales. It also abolishes the Commission for Local Administration in Wales (including the office of the Local Commissioner for Wales). Broadly speaking, the Act makes provision for the Ombudsman to investigate those matters that were within the remit of those ombudsmen and commissioners in Wales.

The Ombudsman will have responsibility for investigating maladministration and service failure by the National Assembly for Wales; its sponsored public bodies (the equivalent, in Wales, of non-departmental public bodies) and a number of other publicly funded bodies; Welsh health service bodies (primarily NHS Trusts and Local Health Boards in Wales); certain health service providers in Wales; local government bodies in Wales and social landlords in Wales. Thus there will be a unified ombudsman service in Wales.

The amendments and revocations made by this Order are consequential upon those changes.