The Public Services Ombudsman (Wales) Act 2005 (Transitional Provisions and Consequential Amendments) Order 2006

• Citation: S.I. 2006/362 (W.)
• Sections: 17

Section 1 Title, commencement, application and interpretation

(1) The title of this Order is the Public Services Ombudsman (Wales) Act 2005 (Transitional Provisions and Consequential Amendments) Order 2006 and it shall come into force on 1 April 2006.

(2) This Order applies in relation to Wales.

(3) In this Order—

“ the Act ” (“ y Ddeddf ”) means the Public Services Ombudsman (Wales) Act 2005;

“co-opted member” (“ aelod cyfetholedig ”) means, in relation to a relevant authority, a person who is not a member of the authority but who—

is a member of any committee or sub-committee of the authority, or

is a member of, and represents the authority on, any joint committee or joint sub-committee of the authority,

and who is entitled to vote on any question which falls to be decided at any meeting of that committee or sub-committee; and

“relevant authority” (“ awdurdod perthnasol ”) means a county council, a county borough council, a National Park authority established under section 63 of the Environment Act 1995 or a fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies.

Section 2 Revocation and amendment of subordinate legislation

The subordinate legislation referred to in Schedule 1 is revoked.

Section 3 Revocation and amendment of subordinate legislation

Schedule 2 contains amendments to subordinate legislation.

Section 4 Transitional provisions

(1) Paragraph (2) applies if—

(a) an allegation has been made to a Local Commissioner in Wales under section 69 of the Local Government Act 2000 before the date on which section 38 of the Act comes into force, and

(b) the allegation has not been determined by that Commissioner before that date.

(2) On and after the date on which section 38 of the Act comes into force, Part III of the Local Government Act 2000 and regulations and orders made thereunder continue to apply for the purposes of the allegation despite the provisions of the Act or this Order.

(3) Paragraph (4) applies if—

(a) an allegation could (but for the provisions of the Act) have been made to a Local Commissioner in Wales, and

(b) the allegation is an allegation that a member or co-opted member (or former member or co-opted member) of a relevant authority in Wales has failed or may have failed to comply with the authority’s code of conduct before the date on which section 38 of the Act comes into force.

(4) On and after the date on which section 38 of the Act comes into force, Part III of the Local Government Act 2000 and regulations and orders made thereunder continue to apply for the purposes of enabling the allegation to be made, and for the purposes of the allegation if made, despite the provisions of the Act or this Order.

(5) Where paragraphs (2) and (4) apply, Part III of the Local Government Act 2000 and regulations and orders made thereunder have effect as if for references to the Local Commissioner in Wales there were substituted references to the Public Services Ombudsman for Wales.

Section 1 Official Secrets Act 1989 (Prescription) Order 1990

In the Official Secrets Act 1989 (Prescription) Order 1990 , in Schedule 2 (Prescriptions), in the entry in the first column for “Officer of the Health Service Commissioner for England or Wales” omit the words “or Wales”.

Section 2 Child Support (Information, Evidence and Disclosure) Regulations 1992

In the Child Support (Information, Evidence and Disclosure) Regulations 1992 , in Regulation 11 (Employment to which section 50 of the Act applies)—

(a) omit paragraph (d);

(b) omit “and” after paragraph (h);

(c) after paragraph (i), insert—

; and

the Public Services Ombudsman for Wales, a member of his or her staff, or another person acting on his or her behalf or assisting him or her in the discharge of any of his or her functions

Section 3 Public Services Contracts Regulations 1993

In the Public Services Contracts Regulations 1993 , in Schedule 3 ( GPA Annex I Contracting Authorities)—

(a) for the entry “Office of the Parliamentary Commissioner for Administration and Health Service Commissioners”, substitute “Office of the Parliamentary Commissioner for Administration”;

(b) after the entry referred to in paragraph (a) above insert, “Office of the Public Services Ombudsman for Wales”;

(c) after the entry for “Office of Fair Trading” insert “Office of the Health Service Commissioner for England”.

Section 4 Public Supply Contracts Regulations 1995

In the Public Supply Contracts Regulations 1995 , in Schedule 1 (GPA Annex I Contracting Authorities)—

(a) for the entry “Office of the Parliamentary Commissioner for Administration and Health Service Commissioners”, substitute “Office of the Parliamentary Commissioner for Administration”;

(b) after the entry referred to in paragraph (a) above insert, “Office of the Public Services Ombudsman for Wales”;

(c) after the entry for “Office of Fair Trading” insert “Office of the Health Service Commissioner for England”.

Section 5 Health Authorities Act 1995 (Transitional Provisions) Order 1996

In the Health Authorities Act 1995 (Transitional Provisions) Order 1996 , in Article 9(1) omit “or Wales”.

Section 6 Local Government Investigations (Functions of Monitoring Officers and Standards Committees) (Wales) Regulations 2001

In the Local Government Investigations (Functions of Monitoring Officers and Standards Committees) (Wales) Regulations 2001 —

(a) In Regulations 3(2), 5(1)(b), 7 and 8(3)(a) for “a Local Commissioner in Wales” substitute “the Public Services Ombudsman for Wales”;

(b) In Regulations 7(a), 9(3) and 13(1) for “Local Commissioner in Wales” substitute “Public Services Ombudsman for Wales, and

(c) In Regulation 12 for “Local Commissioner for Wales” substitute “Public Services Ombudsman for Wales.”

Section 7 Standards Committees (Wales) Regulations 2001

In the Standards Committees (Wales) Regulations 2001 , in Regulation 29(2) for “Commission for Local Administration in Wales” substitute “Public Services Ombudsman for Wales”.

Section 8 Local Authorities (Alternative Arrangements) (Wales) Regulations 2001

In the Local Authorities (Alternative Arrangements) (Wales) Regulations 2001 , in Part I (Miscellaneous functions) of Schedule 1, in paragraph 16, column 1, for “Local Commissioner” substitute “Public Services Ombudsman for Wales”.

Section 9 Adjudications by Case Tribunals and Interim Case Tribunals (Wales) Regulations 2001

In the Adjudications by Case Tribunals and Interim Case Tribunals (Wales) Regulations 2001 , in the Schedule—

(a) in paragraph 1, in the definition of “report” (“ adroddiad ”), paragraph 2, paragraph 8 and paragraph 16 (in each place where it appears) for “a Local Commissioner in Wales” substitute “the Public Services Ombudsman for Wales”;

(b) In paragraph 2(a), for “Local Commissioner” substitute “Public Services Ombudsman for Wales”; and

(c) In paragraph 8, for “the Commission for Local Administration in Wales” substitute “the Public Services Ombudsman for Wales”.

Section 10 Conduct of Members (Model Code of Conduct) (Wales) Order 2001

In the Conduct of Members (Model Code of Conduct) (Wales) Order 2001 , in Part II of the Schedule, in paragraph 6(1)(c), for “the Local Commissioner for Local Administration in Wales” substitute “the Public Services Ombudsman for Wales”.

Section 11 Local Authorities Executive Arrangements (Functions and Responsibilities) (Wales) Regulations 2001

In the Local Authorities Executive Arrangements (Functions and Responsibilities) (Wales) Regulations 2001 , in Part I (Miscellaneous functions) of Schedule 1, in paragraph 16, column 1, for “Local Commissioner” substitute “Public Services Ombudsman for Wales”.

Section 12 National Assembly for Wales (Disqualification) Order 2003

In the National Assembly for Wales (Disqualification) Order 2003 —

(a) In Part 1 of the Schedule omit the reference to “The Commission for Local Administration in Wales”; and

(b) In Part 2 of the Schedule omit the reference to “Health Service Commissioner for Wales”.

Section 13 Adoption Agencies (Wales) Regulations 2005

In the Adoption Agencies (Wales) Regulations 2005 , in Regulation 43(1), in sub-paragraph (d), substitute “Public Services Ombudsman for Wales” for “Commissioner for Local Administration in Wales”.