The Regulatory Reform (Collaboration etc. between Ombudsmen) Order 2007

• Citation: S.I. 2007/1889
• Sections: 17

Section 1 Citation, commencement and interpretation

(1) This Order may be cited as the Regulatory Reform (Collaboration etc. between Ombudsmen) Order 2007 and comes into force on 1st August 2007.

(2) In this Order —

“the 1967 Act ” means the Parliamentary Commissioner Act 1967 ;

“the 1974 Act ” means the Local Government Act 1974 ;

“the 1993 Act ” means the Health Service Commissioners Act 1993 .

Section 2 Collaborative working

After section 11A of the 1967 Act insert —

Collaborative working between the Parliamentary Commissioner and other Commissioners

(11ZAA)

(1) If at any stage in the course of conducting an investigation under this Act the Commissioner forms the opinion that the complaint relates partly to a matter within the jurisdiction of —

(a) the Health Service Commissioner for England,

(b) a Local Commissioner, or

(c) both,

he may, subject to subsection (2) of this section, conduct an investigation under this Act jointly with that Commissioner or those Commissioners.

(2) The Commissioner must obtain the consent of the person aggrieved or any person acting on his behalf in accordance with subsection (2) of section 6 of this Act before agreeing to a joint investigation referred to in subsection (1) of this section.

(3) If the Commissioner forms the opinion that a complaint which is being investigated by—

(a) the Health Service Commissioner for England,

(b) a Local Commissioner, or

(c) both,

relates partly to a matter within his jurisdiction, he may, subject to subsection (4) of this section, conduct an investigation under this Act jointly with that Commissioner or those Commissioners.

(4) The Commissioner may not investigate a complaint jointly with another person under subsection (3) of this section unless the complaint has been made in accordance with section 5 of this Act.

(5) If the Commissioner conducts an investigation of a complaint jointly with another person, the requirements of section 10 (so far as relating to a case where the Commissioner conducts an investigation under this Act) may be satisfied by a report made jointly with that person.

(6) Apart from identifying the government department or other authority concerned, a report prepared by virtue of subsection (5) of this section by the Commissioner and a Local Commissioner shall not—

(a) mention the name of any person, or

(b) contain any particulars which, in the opinion of the Commissioner and the Local Commissioner, are likely to identify any person,

unless, after taking into account the public interest as well as the interests of the complainant and of persons other than the complainant, the Commissioner and the Local Commissioner consider it necessary to mention the name of that person or to include in the report any such particulars.

(7) Nothing in subsection (6) of this section prevents a report—

(a) mentioning the name of, or

(b) containing particulars likely to identify,

the Mayor of London or any member of the London Assembly.

Section 3 Collaborative working

In section 3 of the 1967 Act (administrative provisions) , after subsection (2) insert—

(2A) For the purposes of conducting a joint investigation referred to in section 11ZAA of this Act, any function of the Commissioner under this Act may be performed by any officer or member of staff of the Commission for Local Administration in England authorised for the purpose by the Commissioner.

Section 4 Collaborative working

After section 33 of the 1974 Act , insert—

Collaborative working between Local Commissioners and other Commissioners

(33ZA)

(1) If at any stage in the course of conducting an investigation under this Act a Local Commissioner forms the opinion that the complaint relates partly to a matter within the jurisdiction of —

(a) the Parliamentary Commissioner,

(b) the Health Service Commissioner for England, or

(c) both,

he may, subject to subsection (2) below, conduct an investigation under this Act jointly with that Commissioner or those Commissioners.

(2) A Local Commissioner must obtain the consent of the person aggrieved or any person acting on his behalf in accordance with subsection (2) of section 27 of this Act before agreeing to a joint investigation referred to in subsection (1) above.

(3) If a Local Commissioner forms the opinion that a complaint which is being investigated by—

(a) the Parliamentary Commissioner,

(b) the Health Service Commissioner, or

(c) both,

relates partly to a matter within his jurisdiction, he may conduct an investigation under this Act jointly with that Commissioner or those Commissioners.

(4) If a Local Commissioner conducts an investigation of a complaint jointly with another person, the requirements of section 30(1) (so far as relating to a case where the Local Commissioner conducts an investigation under this Act) may be satisfied by a report made jointly with that person.

(5) In relation to an investigation which has been conducted jointly with another person a direction given by the Local Commissioner under section 30(7) of this Act may relate only to those parts of a joint report prepared by virtue of subsection (4) above which are specified in the direction.

Section 5 Collaborative working

In Schedule 4 to the 1974 Act (the Commission), in paragraph 4 , after sub-paragraph (5) insert—

(6) For the purposes of conducting a joint investigation referred to in section 33ZA of this Act any function of a Local Commissioner may be performed by—

(a) any officer of the Parliamentary Commissioner, or

(b) any officer of the Health Service Commissioner for England,

who is authorised for the purpose by a Local Commissioner.

Section 6 Collaborative working

After section 18 of the 1993 Act (consultation during investigations) , insert —

Collaborative working between the Commissioner and other Commissioners

(18ZA)

(1) If at any stage in the course of conducting an investigation under this Act the Commissioner forms the opinion that the complaint relates partly to a matter within the jurisdiction of—

(a) the Parliamentary Commissioner,

(b) a Local Commissioner, or

(c) both,

he may, subject to subsection (2), conduct an investigation under this Act jointly with that Commissioner or those Commissioners.

(2) The Commissioner must obtain the consent of the person aggrieved or any person acting on his behalf in accordance with section 9(3) before agreeing to a joint investigation referred to in subsection (1).

(3) If the Commissioner forms the opinion that a complaint which is being investigated by—

(a) the Parliamentary Commissioner,

(b) a Local Commissioner, or

(c) both,

relates partly to a matter within his jurisdiction, he may conduct an investigation under this Act jointly with that Commissioner or those Commissioners.

(4) If the Commissioner conducts an investigation of a complaint jointly with another person, the requirements of section 14 (reports) (so far as relating to a case where the Commissioner conducts an investigation under this Act) may be satisfied by a report made jointly with that person.

(5) Apart from identifying any body or provider investigated, a report prepared by virtue of subsection (4) by the Commissioner and a Local Commissioner shall not—

(a) mention the name of any person, or

(b) contain any particulars which, in the opinion of the Commissioner and the Local Commissioner, are likely to identify any person and can be omitted without impairing the effectiveness of the report,

unless, after taking into account the public interest as well as the interests of the complainant and of persons other than the complainant, the Commissioner and the Local Commissioner consider it necessary to mention the name of that person or to include in the report any such particulars.

(6) Nothing in subsection (5) of this section prevents a report—

(a) mentioning the name of, or

(b) containing particulars likely to identify,

the Mayor of London or any member of the London Assembly.

Section 7 Collaborative working

In Schedule 1 to the 1993 Act (the English Commissioner) , after paragraph 12 insert—

(12A) For the purposes of conducting a joint investigation referred to in section 18ZA, any function of the Commissioner under this Act may be performed by any officer or member of staff of the Parliamentary Commissioner or the Commission for Local Administration in England authorised for the purpose by the Commissioner.

Section 8 Disclosure of information

In section 11 of the 1967 Act (provision for secrecy of information) , in subsection (2), after paragraph (a) insert—

(aa) for the purposes of a complaint which is being investigated by the Health Service Commissioner for England or a Local Commissioner (or both);

Section 9 Disclosure of information

In section 32 of the 1974 Act (law of defamation, and disclosure of information) , in subsection (1), after paragraph (b) insert—

(ba) the publication of any matter by a Local Commissioner or by any officer of the Commission, in communicating with the Parliamentary Commissioner or the Health Service Commissioner for England or any officer of either such Commissioner for the purposes of this Part of this Act;

Section 10 Disclosure of information

In section 32 of the 1974 Act (law of defamation, and disclosure of information), in subsection (2), after paragraph (a) insert—

(aa) for the purposes of a complaint which is being investigated by the Parliamentary Commissioner or the Health Service Commissioner for England (or both); or

Section 11 Disclosure of information

In section 15 of the 1993 Act (confidentiality of information) , in subsection (1), after paragraph (a) insert—

(aa) for the purposes of a complaint which is being investigated by the Parliamentary Commissioner or a Local Commissioner (or both),

Section 12 Mediation

In section 3 of the 1967 Act (administrative provisions), after subsection (1) insert—

(1A) The Commissioner may appoint and pay a mediator or other appropriate person to assist him in the conduct of an investigation under this Act.

Section 13 Mediation

In section 29 of the 1974 Act (investigations: further provisions) , after subsection (6) insert—

(6A) A Local Commissioner may appoint and pay a mediator or other appropriate person to assist him in the conduct of an investigation under this Act.

(6B) Any person or persons appointed under subsection (6A) above shall be deemed to be an officer or officers of the Commission for Local Administration in carrying out his or their functions under that appointment.

Section 14 Mediation

In Schedule 1 to the 1993 Act (the English Commissioner) , in paragraph 11, after sub-paragraph (1) insert—

(1A) The Health Service Commissioner for England may appoint and pay a mediator or other appropriate person to assist him in the conduct of an investigation under this Act.

Section 15 Exhaustion of remedies

In section 26 of the 1974 Act (matters subject to investigation) , in subsection (5), for the words from “the complaint has” to the end substitute—

(a) the complaint has been brought, by or on behalf of the person aggrieved, to the notice of the authority to which the complaint relates and that that authority has been afforded a reasonable opportunity to investigate, and reply to, the complaint; or

(b) in the particular circumstances, it is not reasonable to expect the complaint to be brought to the notice of that authority or for that authority to be afforded a reasonable opportunity to investigate, and reply to, the complaint.

Section 16 General

In section 12(1) of the 1967 Act (interpretation), after the definition of “enactment” insert—

“Local Commissioner” means a Local Commissioner under Part 3 of the Local Government Act 1974;

Section 17 General

In section 19 of the 1993 Act (interpretation), after the definition of “local authority” insert—

“Local Commissioner” means a Local Commissioner under Part 3 of the Local Government Act 1974;