Public Services Ombudsman (Wales) Act 2019 (Version in vigour from 2022-05-05 to )

Consolidated Text

As Enacted

Cited authorities 125

Cited in

Currency	No known outstanding effects
Coming into Force	05 May 2022

Contenidos

Public Services Ombudsman (Wales) Act 2019
PART 1: INTRODUCTION

1: Overview

PART 2: THE PUBLIC SERVICES OMBUDSMAN FOR WALES

2: The Public Services Ombudsman for Wales

PART 3: INVESTIGATIONS

Power of investigation

3: Power to investigate complaints
4: Power to investigate on own initiative
5: Criteria for own initiative investigations
6: Alternative resolution of matters

Complaints

7: Who can complain
8: Requirements: complaints made to the Ombudsman
9: Requirements: complaints referred to the Ombudsman
10: Records of complaints

Matters which may be investigated

11: Matters which may be investigated
12: Exclusion: matters not relating to Wales
13: Exclusion: other remedies
14: Other excluded matters
15: Decisions taken without maladministration

Ancillary investigations

16: Power to investigate other health-related services

Decisions not to investigate etc

17: Decisions not to investigate or to discontinue investigation

Investigation procedure and evidence

18: Investigation procedure
19: Information, documents, evidence and facilities
20: Obstruction and contempt
21: Obstruction and contempt: costs recovery
22: Serving a costs recovery notice

Reports of investigations

23: Reports of investigations
24: Publicising reports
25: Publicising reports: health care providers
26: Action following receipt of a report
27: Reports: alternative procedure

Special reports

28: Special reports
29: Special reports: supplementary
30: Special reports relating to the Welsh Government and the National Assembly for Wales Commission

Listed authorities

31: Listed authorities
32: Restrictions on power to amend Schedule 3
33: Provisions in regulations adding persons to Schedule 3: If the Welsh Ministers propose to make regulations under section 31(2) adding a person to Schedule 3, they must also specify in the regulations—
34: Power to issue guidance

Compensation

35: Compensation for the person aggrieved

PART 4: LISTED AUTHORITIES: COMPLAINTS-HANDLING PROCEDURES

36: Complaints-handling: statement of principles

37: Model complaints-handling procedures

38: Model complaints-handling procedures: specification of listed authorities

39: Declarations of non-compliance

40: Submission of complaints-handling procedure: general

41: Complaints-handling procedures: promotion of best practice etc

PART 5: INVESTIGATION OF COMPLAINTS RELATING TO OTHER PERSONS: SOCIAL CARE AND PALLIATIVE CARE

Application of this Part

42: Matters to which this Part applies

Investigation of complaints

43: Power to investigate complaints
44: Power to investigate on own initiative
45: Criteria for own initiative investigations
46: Alternative resolution of matters
47: Who can complain
48: Requirements: complaints made to the Ombudsman
49: Requirements: complaints referred to the Ombudsman
50: Records of complaints

Decisions not to investigate etc

51: Decisions not to investigate complaints or to discontinue investigations

Investigation procedure and evidence

52: Investigation procedure
53: Information, documents, evidence and facilities
54: Obstruction and contempt

Reports about investigations

55: Investigation reports
56: Further publicity for investigation reports
57: Action following receipt of investigation reports
58: Reports: alternative procedure

Special reports

59: Circumstances in which special reports may be prepared
60: Special reports
61: Further publicity for special reports

Interpretation

62: Meaning of “care home” and “care home provider”
63: Meaning of “domiciliary care” and “domiciliary care provider”
64: Meaning of “palliative care service” and “independent palliative care provider”

PART 6: INVESTIGATIONS: SUPPLEMENTARY

Consultation and co-operation

65: Consultation and co-operation with other ombudsmen
66: Working jointly with specified persons
67: Working collaboratively with Commissioners
68: Working with the Auditor General for Wales

Disclosure

69: Disclosure of information
70: Disclosure prejudicial to safety of State or contrary to public interest
71: Protection from defamation claims

PART 7: MISCELLANEOUS AND GENERAL

Welsh language standards

72: Authorisation to give compliance notice to the Ombudsman in relation to Welsh language standards

Review of Act

73: Review of Act

Application of the 2005 Act to certain investigations

74: Investigations commenced before sections 3, 4, 43 and 44 come into force

General

75: Repeals, savings and consequential amendments
76: Functions of the Assembly
77: Commencement
78: Interpretation
79: Former health care providers, social landlords, social care providers and palliative care providers: modifications
80: Consequential, transitional provisions etc
81: Regulations and directions
82: Short title

SCHEDULE 1 (introduced by section 2)
PUBLIC SERVICES OMBUDSMAN FOR WALES: APPOINTMENT ETC

Appointment
Status
Term of office
Acting Public Services Ombudsman for Wales
Further provision: appointment
Disqualification
Remuneration etc
Special financial provisions
Staff

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