The Regulatory Reform (Local Commissioner for Wales) Order 2004

• Citation: S.I. 2004/2359
• Sections: 4

Section 1 Citation, commencement and extent

(1) This Order may be cited as the Regulatory Reform (Local Commissioner for Wales) Order 2004.

(2) This Order extends to England and Wales only.

(3) This Order shall come into force on the day following its making.

Section 2 Amendment of the Local Government Act 1974

(1) The Local Government Act 1974 is amended as follows.

(2) In section 23 (the Commissions for Local Administration),

(a) omit subsection (2A) ;

(b) in subsection (3) omit “, the Welsh Administration Ombudsman”; and

(c) after subsection (3), insert—

(3A) Where the person who is the Welsh Administration Ombudsman is not appointed as a member of the Commission for Local Administration in Wales under subsection (4)—

(a) he shall be a member of that Commission by virtue of his office; but

(b) he shall not be a “Local Commissioner” within the meaning of this Part.

(3) After section 32 (law of defamation and disclosure of information) insert—

Use of information by Local Commissioner in other capacity

(32A)

(1) Section (2) applies where—

(a) a Local Commissioner for Wales also holds the office of Welsh Administration Ombudsman or of Health Service Commissioner for Wales (an “additional office”), and

(b) a person initiates a complaint to him as the holder of the additional office which relates partly to a matter with respect to which that person has previously initiated, or subsequently initiates, a complaint to him as a Local Commissioner.

(2) Information obtained by a Local Commissioner for Wales or his officers in the course of or for the purposes of investigating a complaint made under this Part of this Act may be disclosed for the purposes of carrying out his functions in relation to the other complaint.

Section 3 Amendment of the Health Service Commissioners Act 1993

(1) The Health Service Commissioners Act 1993 is amended as follows.

(2) In section 17 (use of information by Commissioner in other capacity),

(a) in subsection (1), for “either” substitute “any” and after “Health Service Commissioner,” insert “the office of a Local Commissioner for Wales,”; and

(b) after subsection (2), insert—

(3) In this section “Local Commissioner for Wales” means a Local Commissioner (within the meaning of Part 3 of the Local Government Act 1974) who is a member of the Commission for Local Administration in Wales.

Section 4 Amendment of the Government of Wales Act 1998

(1) The Government of Wales Act 1998 is amended as follows.

(2) In Schedule 9, in paragraph 26 (use of information by the Welsh Administration Ombudsman),

(a) in subparagraph (1)(a), after “Health Service Commissioner”, insert “or as a Local Commissioner for Wales”; and

(b) after subparagraph (2), insert—

(3) In this paragraph “Local Commissioner for Wales” means a Local Commissioner (within the meaning of Part 3 of the Local Government Act 1974) who is a member of the Commission for Local Administration in Wales.