COMMENTED by
Public Services Ombudsman (Wales) Act 2005 c.10 (Note)

Public Services Ombudsman (Wales) Act 2005 c.10

Public Services Ombudsman (Wales) Act 2005

2005 Chapter 10

CONTENTS

PART 1

THE PUBLIC SERVICES OMBUDSMAN FOR WALES

Section

1 - The Public Services Ombudsman for Wales

PART 2

INVESTIGATION OF COMPLAINTS

Power of investigation

2 - Power of investigation

3 - Alternative resolution of complaints

Complaints

4 - Who can complain

5 - Requirements: complaints made to the Ombudsman

6 - Requirements: complaints referred to the Ombudsman

Matters which may be investigated

7 - Matters which may be investigated

8 - Exclusion: matters not relating to Wales

9 - Exclusion: other remedies

10 - Other excluded matters

11 - Decisions taken without maladministration

Decisions not to investigate etc.

12 - Decisions not to investigate or to discontinue investigation

Investigation procedure and evidence

13 - Investigation procedure

14 - Information, documents, evidence and facilities

15 - Obstruction and contempt

Reports of investigations

16 - Reports of investigations

17 - Publicising reports

18 - Publicising reports: health care providers

19 - Action following receipt of a report

20 - Non-action following receipt of a report

21 - Reports: alternative procedure

Special reports

22 - Special reports

23 - Special reports: supplementary

24 - Special reports relating to the Assembly

Consultation and co-operation

25 - Consultation and co-operation with other ombudsmen

Disclosure

26 - Disclosure of information

27 - Disclosure prejudicial to safety of State or contrary to public interest

Listed authorities

28 - Listed authorities

29 - Restrictions on power to amend Schedule 3

30 - Provisions in orders adding persons to Schedule 3

Miscellaneous

31 - Power to issue guidance

32 - Protection from defamation claims

33 - Publicity for complaints procedures

34 - Compensation for the person aggrieved

PART 3

MISCELLANEOUS AND GENERAL

Conduct of local government members and employees

35 - Conduct of local government members and employees

Abolition of existing bodies and offices

36 - Abolition of existing bodies and offices

37 - Transfer of property, staff etc.

38 - Undetermined complaints

General

39 - Amendments and repeals

40 - Commencement

41 - Interpretation

42 - Former health care providers and social landlords: modifications

43 - Consequential, transitional provisions etc.

44 - Orders, regulations and directions

45 - Extent

46 - Short title

Schedule 1 - Public Services Ombudsman for Wales: appointment etc.

Schedule 2 - Excluded matters

Schedule 3 - Listed authorities

Schedule 4 - Conduct of local government members and employees

Schedule 5 - Transfer of staff, property etc.

Schedule 6 - Consequential amendments

Schedule 7 - Repeals

An Act to establish and make provision about the office of Public Services Ombudsman for Wales; to make provision about the functions of the Public Services Ombudsman for Wales; to make provision about compensation; to abolish the Commission for Local Administration in Wales and the offices of Welsh Administration Ombudsman, Health Service Commissioner for Wales and Social Housing Ombudsman for Wales; and for connected purposes.

[7th April 2005]

BE IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:-

PART 1

THE PUBLIC SERVICES OMBUDSMAN FOR WALES

1 The Public Services Ombudsman for Wales

(1) There is to be a Public Services Ombudsman for Wales or Ombwdsmon Gwasanaethau Cyhoeddus Cymru (in this Act referred to as "the Ombudsman").

(2) Schedule 1 makes further provision about the Ombudsman.

PART 2

INVESTIGATION OF COMPLAINTS

Power of investigation

2 Power of investigation

(1) The Ombudsman may investigate a complaint in respect of a matter if-

(a) the complaint has been duly made or referred to him,...

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