Legalize / United Kingdom / Public General Act

Government of Wales Act 1998

Type Public General Act

Publication 1998-07-31

Last updated 2025-09-10

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(4) The Auditor General for Wales may lay before the Assembly a report of the results of any examination carried out by him under this paragraph.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Examinations by the Comptroller and Auditor General

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 7

Separate exercise of functions in relation to Wales

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Status of Commissioners and staff

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Receipts

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Accounts

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Audit

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Accounting officer

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Examinations into use of resources

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Examinations by the Comptroller and Auditor General

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Reports

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interpretation

11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 8

Part I — Preliminary

1

(1) In this Schedule “devolution issue” means—

(a) a question whether a function is exercisable by the Assembly,

(b) a question whether a purported or proposed exercise of a function by the Assembly is, or would be, within the powers of the Assembly (including a question whether a purported or proposed exercise of a function by the Assembly is, or would be, outside its powers by virtue of section 106(7) or 107(1)),

(c) a question whether the Assembly has failed to comply with a duty imposed on it (including a question whether the Assembly has failed to comply with any obligation which is an obligation of the Assembly by virtue of section 106(1) or (6)), or

(d) a question whether a failure to act by the Assembly is incompatible with any of the Convention rights.

(2) In this Schedule—

(a) “the Judicial Committee” means the Judicial Committee of the Privy Council, and

(b) “civil proceedings” means any proceedings other than criminal proceedings.

2

A devolution issue shall not be taken to arise in any proceedings merely because of any contention of a party to the proceedings which appears to the court or tribunal before which the proceedings take place to be frivolous or vexatious.

Part II — Proceedings in England and Wales

Application of Part II

3

This Part of this Schedule applies in relation to devolution issues in proceedings in England and Wales.

Institution of proceedings

4

(1) Proceedings for the determination of a devolution issue may be instituted by the Attorney General.

(2) Sub-paragraph (1) does not limit any power to institute proceedings exercisable apart from that sub-paragraph by any person.

Notice of devolution issue

5

(1) A court or tribunal shall order notice of any devolution issue which arises in any proceedings before it to be given to the Attorney General and the Assembly (unless a party to the proceedings).

(2) A person to whom notice is given in pursuance of sub-paragraph (1) may take part as a party in the proceedings, so far as they relate to a devolution issue.

Reference of devolution issue to High Court or Court of Appeal

6

A magistrates’ court may refer any devolution issue which arises in civil proceedings before it to the High Court.

7

(1) A court may refer any devolution issue which arises in civil proceedings before it to the Court of Appeal.

(2) Sub-paragraph (1) does not apply—

(a) to a magistrates’ court, the Court of Appeal or the House of Lords, or

(b) to the High Court if the devolution issue arises in proceedings on a reference under paragraph 6.

8

A tribunal from which there is no appeal shall refer any devolution issue which arises in proceedings before it to the Court of Appeal; and any other tribunal may make such a reference.

9

A court, other than the Court of Appeal or the House of Lords, may refer any devolution issue which arises in criminal proceedings before it to—

(a) the High Court if the proceedings are summary proceedings, or

(b) the Court of Appeal if the proceedings are proceedings on indictment.

References from Court of Appeal to Judicial Committee

10

The Court of Appeal may refer any devolution issue which arises in proceedings before it (otherwise than on a reference under paragraph 7, 8 or 9) to the Judicial Committee.

Appeals from superior courts to Judicial Committee

11

An appeal against a determination of a devolution issue by the High Court or the Court of Appeal on a reference under paragraph 6, 7, 8 or 9 shall lie to the Judicial Committee, but only—

(a) with leave of the court concerned, or

(b) failing such leave, with special leave of the Judicial Committee.

Part III — Proceedings in Scotland

Application of Part III

12

This Part of this Schedule applies in relation to devolution issues in proceedings in Scotland.

Institution of proceedings

13

(1) Proceedings for the determination of a devolution issue may be instituted by the Advocate General for Scotland.

(2) Sub-paragraph (1) does not limit any power to institute proceedings exercisable apart from that sub-paragraph by any person.

Intimation of devolution issue

14

(1) A court or tribunal shall order intimation of any devolution issue which arises in any proceedings before it to be given to the Advocate General for Scotland and the Assembly (unless a party to the proceedings).

(2) A person to whom intimation is given in pursuance of sub-paragraph (1) may take part as a party in the proceedings, so far as they relate to a devolution issue.

Reference of devolution issue to higher court

15

A court, other than any court consisting of three or more judges of the Court of Session or the House of Lords, may refer any devolution issue which arises in civil proceedings before it to the Inner House of the Court of Session.

16

A tribunal from which there is no appeal shall refer any devolution issue which arises in proceedings before it to the Inner House of the Court of Session; and any other tribunal may make such a reference.

17

A court, other than any court consisting of two or more judges of the High Court of Justiciary, may refer any devolution issue which arises in criminal proceedings before it to the High Court of Justiciary.

References from superior courts to Judicial Committee

18

Any court consisting of three or more judges of the Court of Session may refer any devolution issue which arises in proceedings before it (otherwise than on a reference under paragraph 15 or 16) to the Judicial Committee.

19

Any court consisting of two or more judges of the High Court of Justiciary may refer any devolution issue which arises in proceedings before it (otherwise than on a reference under paragraph 17) to the Judicial Committee.

Appeals from superior courts to Judicial Committee

20

An appeal against a determination of a devolution issue by the Inner House of the Court of Session on a reference under paragraph 15 or 16 shall lie to the Judicial Committee.

21

An appeal against a determination of a devolution issue by—

(a) a court of two or more judges of the High Court of Justiciary (whether in the ordinary course of proceedings or on a reference under paragraph 17), or

(b) a court of three or more judges of the Court of Session from which there is no appeal to the House of Lords,

shall lie to the Judicial Committee, but only with leave of the court concerned or, failing such leave, with special leave of the Judicial Committee.

Part IV — Proceedings in Northern Ireland

Application of Part IV

22

This Part of this Schedule applies in relation to devolution issues in proceedings in Northern Ireland.

Institution of proceedings

23

(1) Proceedings for the determination of a devolution issue may be instituted by the Attorney General for Northern Ireland.

(2) Sub-paragraph (1) does not limit any power to institute proceedings exercisable apart from that sub-paragraph by any person.

Notice of devolution issue

24

(1) A court or tribunal shall order notice of any devolution issue which arises in any proceedings before it to be given to the Attorney General for Northern Ireland and the Assembly (unless a party to the proceedings).

(2) A person to whom notice is given in pursuance of sub-paragraph (1) may take part as a party in the proceedings, so far as they relate to a devolution issue.

Reference of devolution issue to Court of Appeal

25

A court, other than the Court of Appeal in Northern Ireland or the House of Lords, may refer any devolution issue which arises in any proceedings before it to the Court of Appeal in Northern Ireland.

26

A tribunal from which there is no appeal shall refer any devolution issue which arises in proceedings before it to the Court of Appeal in Northern Ireland; and any other tribunal may make such a reference.

References from Court of Appeal to Judicial Committee

27

The Court of Appeal in Northern Ireland may refer any devolution issue which arises in proceedings before it (otherwise than on a reference under paragraph 25 or 26) to the Judicial Committee.

Appeals from Court of Appeal to Judicial Committee

28

An appeal against a determination of a devolution issue by the Court of Appeal in Northern Ireland on a reference under paragraph 25 or 26 shall lie to the Judicial Committee, but only—

(a) with leave of the Court of Appeal in Northern Ireland, or

(b) failing such leave, with special leave of the Judicial Committee.

Part V — General

Proceedings in the House of Lords

29

Any devolution issue which arises in judicial proceedings in the House of Lords shall be referred to the Judicial Committee unless the House considers it more appropriate, having regard to all the circumstances, that they should determine the issue.

Direct references to Judicial Committee

30

(1) The relevant law officer or the Assembly may require any court or tribunal to refer to the Judicial Committee any devolution issue which has arisen in any proceedings before it to which he or it is a party.

(2) In sub-paragraph (1) “the relevant law officer” means—

(a) in relation to proceedings in England and Wales, the Attorney General,

(b) in relation to proceedings in Scotland, the Advocate General for Scotland, and

31

(1) The Attorney General or the Assembly may refer to the Judicial Committee any devolution issue which is not the subject of proceedings.

(2) Where a reference is made under sub-paragraph (1) by the Attorney General in relation to a devolution issue which relates to the proposed exercise of a function by the Assembly—

(a) the Attorney General shall notify the Assembly of that fact, and

(b) the Assembly shall not exercise the function in the manner proposed during the period beginning with the receipt of the notification and ending with the reference being decided or otherwise disposed of.

The Judicial Committee

32

Any decision of the Judicial Committee in proceedings under this Schedule—

(a) shall be stated in open court, and

(b) shall be binding in all legal proceedings (other than proceedings before the Judicial Committee).

33

No member of the Judicial Committee shall sit and act as a member of the Judicial Committee in proceedings under this Schedule unless he holds or has held—

(a) the office of a Lord of Appeal in Ordinary, or

(b) high judicial office as defined in section 25 of the Appellate Jurisdiction Act 1876 (ignoring for this purpose section 5 of the Appellate Jurisdiction Act 1887).

34

(1) Her Majesty may by Order in Council—

(a) confer on the Judicial Committee in relation to proceedings under this Schedule such powers as appear to be appropriate,

(b) apply the Judicial Committee Act 1833 in relation to proceedings under this Schedule with exceptions and modifications, and

(c) make rules for regulating the procedure with respect to proceedings under this Schedule before the Judicial Committee.

(2) An Order in Council under this paragraph may contain any appropriate consequential, incidental, supplementary or transitional provisions or savings (including provisions in the form of amendments or repeals of enactments).

(3) No recommendation shall be made to Her Majesty in Council to make an Order in Council under this paragraph which contains provisions in the form of amendments or repeals of enactments contained in an Act unless a draft of the statutory instrument containing the Order in Council has been laid before, and approved by a resolution of, each House of Parliament.

(4) A statutory instrument containing an Order in Council which makes provision falling within sub-paragraph (1)(a) or (b) shall (unless a draft of it has been approved by a resolution of each House of Parliament) be subject to annulment in pursuance of a resolution of either House of Parliament.

Costs

35

(1) A court or tribunal before which any proceedings take place may take account of any additional expense of the kind mentioned in sub-paragraph (3) in deciding any question as to costs or expenses.

(2) In deciding any such question, the court or tribunal may award the whole or part of the additional expense as costs or expenses to the party who incurred it (whatever the decision on the devolution issue).

(3) The additional expense is any additional expense which the court or tribunal considers that any party to the proceedings has incurred as a result of the participation of any person in pursuance of paragraph 5, 14 or 24.

Procedure of courts and tribunals

36

Any power to make provision for regulating the procedure before any court or tribunal shall include power to make provision for the purposes of this Schedule including, in particular, provision—

(a) for prescribing the stage in the proceedings at which a devolution issue is to be raised or referred,

(b) for the staying or sisting of proceedings for the purpose of any proceedings under this Schedule, and

References to be for decision

37

Any function conferred by this Schedule to refer a devolution issue to a court shall be construed as a function of referring the issue to the court for decision.

SCHEDULE 9

Part I — The Ombudsman

Appointment

1

(1) The Welsh Administration Ombudsman shall be appointed by Her Majesty.

(2) Subject to sub-paragraphs (3) and (4), the Welsh Administration Ombudsman shall hold office until the end of the year of service in which he attains the age of 65.

(3) Her Majesty may relieve the Welsh Administration Ombudsman of office before the end of that year of service—

(a) at his request, or

(b) on Her Majesty being satisfied that he is incapable for medical reasons of performing the duties of his office and of requesting to be relieved of it.

(4) Her Majesty may remove the Welsh Administration Ombudsman from office before the end of the year of service in which he attains the age of 65 if, on the ground of misbehaviour, the Secretary of State recommends that Her Majesty should do so; but the Secretary of State shall not so recommend without consulting the Assembly.

Status

2

(1) The person for the time being holding the office of Welsh Administration Ombudsman shall by the name of that office be a corporation sole.

(2) The Welsh Administration Ombudsman shall be regarded as holding office under Her Majesty and as exercising his functions on behalf of the Crown.

(3) Service as the Welsh Administration Ombudsman shall not be service in Her Majesty’s Home Civil Service but he shall be taken to be a Crown servant for the purposes of the Official Secrets Act 1989.

Acting Welsh Administration Ombudsman

3

(1) Where the office of Welsh Administration Ombudsman becomes vacant, Her Majesty may, at any time during the period of twelve months beginning with the date on which the vacancy arose, appoint a person to act as the Welsh Administration Ombudsman.

(2) Subject to sub-paragraphs (3) to (5), an acting Welsh Administration Ombudsman shall hold office in accordance with the terms of his appointment.

(3) An acting Welsh Administration Ombudsman shall not hold office after—

(a) the appointment of a new Welsh Administration Ombudsman, or

(b) the end of the period of twelve months beginning with the date on which the vacancy arose,

whichever occurs first.

(4) Her Majesty may at any time relieve an acting Welsh Administration Ombudsman of office—

(a) at his request, or

(b) on Her Majesty being satisfied that he is incapable for medical reasons of performing the duties of his office and of requesting to be relieved of it.

(5) Her Majesty may remove an acting Welsh Administration Ombudsman from office at any time if, on the ground of misbehaviour, the Secretary of State recommends that Her Majesty should do so; but the Secretary of State shall not so recommend without consulting the Assembly.

(6) A person appointed under this paragraph shall, while he holds office, be regarded for all purposes (except those of paragraph 1 and this paragraph) as the Welsh Administration Ombudsman.

Remuneration

4

(1) The Assembly shall—

(a) pay the Welsh Administration Ombudsman such salary and any such allowances, and

(b) make any such payments towards the provision of superannuation benefits for or in respect of him,

as may be provided for by or under the terms of his appointment.

(2) But where a person is both Parliamentary Commissioner for Administration and Welsh Administration Ombudsman he shall not be entitled to any salary as Welsh Administration Ombudsman.

(3) The Assembly shall pay to or in respect of a person who has ceased to hold office as Welsh Administration Ombudsman such amounts (if any) by way of—

(a) pension or gratuities, or

(b) provision for those benefits,

as may have been provided for by or under the terms of his appointment.

(4) In Schedule 1 to the Superannuation Act 1972 (offices etc. to which section 1 of that Act applies), in the list of “Offices” insert—

Welsh Administration Ombudsman.

(5) The Assembly shall pay to the Minister for the Civil Service, at such times as he may direct, such sums as he may determine in respect of any increase attributable to sub-paragraph (4) in the sums payable out of money provided by Parliament under the Superannuation Act 1972.

Staff and advisers

5

(1) The Welsh Administration Ombudsman may appoint such staff as he considers necessary for assisting him in the exercise of his functions.

(2) The Welsh Administration Ombudsman shall include among his staff such persons having a command of the Welsh language as he considers are needed to enable him to investigate complaints in Welsh.

(3) Service as a member of the staff of the Welsh Administration Ombudsman shall be service in Her Majesty’s Home Civil Service.

(4) The Assembly shall pay to the Minister for the Civil Service, at such times as he may direct, such sums as he may determine in respect of any increase attributable to sub-paragraph (3) in the sums payable out of money provided by Parliament under the Superannuation Act 1972.

(5) Any function of the Welsh Administration Ombudsman may be exercised by—

(a) a member of his staff,

(b) a member of the staff of the Health Service Commissioner for Wales, or

(c) an officer of the Parliamentary Commissioner for Administration or of either of the other Health Service Commissioners,

if authorised by the Welsh Administration Ombudsman for that purpose; and references in any enactment to a member of the staff of the Welsh Administration Ombudsman include any person exercising any function of his by virtue of paragraph (b) or (c).

(6) To assist him in the exercise of his functions the Welsh Administration Ombudsman may obtain advice from any person who, in his opinion, is qualified to give it.

(7) The Welsh Administration Ombudsman may pay to any person from whom he obtains advice under sub-paragraph (6) any such fees or allowances as he may determine.

(8) No arrangements shall be made—

(a) for any of the functions of the Welsh Administration Ombudsman or of the Assembly to be exercised by the other or by a member of the other’s staff, or

(b) for the provision of any administrative, professional or technical services by the Welsh Administration Ombudsman or the Assembly for the other.

Reports

6

(1) The Welsh Administration Ombudsman—

(a) shall annually prepare and lay before the Assembly a general report on the performance of his functions, and

(b) may from time to time prepare and lay before the Assembly such other reports with respect to his functions as he thinks fit.

(2) The Assembly shall, and the Welsh Administration Ombudsman may, publish reports laid before the Assembly under this paragraph.

Expenses

7

(1) The expenses of the Welsh Administration Ombudsman shall, so far as they cannot be met out of income received by him, be met by the Assembly.

(2) Those expenses include any sums payable by the Welsh Administration Ombudsman in consequence of a breach, in the course of the performance of any of his functions, of any contractual or other duty (whether that breach occurs by reason of his act or omission or that of a member of his staff or any other person assisting him in the exercise of his functions).

Estimates

8

(1) For each financial year after the first financial year of the Assembly, the Welsh Administration Ombudsman shall prepare, and submit to the executive committee, an estimate of the income and expenses of his office.

(2) Each such estimate shall be submitted to the executive committee at least five months before the beginning of the financial year to which it relates.

(3) The executive committee shall examine each such estimate submitted to it and, after having done so, shall lay the estimate before the Assembly with any such modifications as the committee thinks fit.

(4) Where the executive committee proposes to lay such an estimate before the Assembly with modifications, the committee shall first consult the Secretary of State and have regard to any advice which he may give.

Accounts

9

(1) The Welsh Administration Ombudsman shall keep proper accounting records.

(2) The Welsh Administration Ombudsman shall, for each financial year, prepare accounts in accordance with directions given to him by the Treasury.

(3) The directions which the Treasury may give under sub-paragraph (2) include, in particular, directions as to—

(a) the information to be contained in the accounts and the manner in which it is to be presented,

(b) the methods and principles in accordance with which the accounts are to be prepared, and

Audit

10

(1) The accounts prepared by the Welsh Administration Ombudsman for any financial year shall be submitted by him to the Auditor General for Wales no later than 30th November of the following financial year.

(2) The Auditor General for Wales shall—

(a) examine and certify any accounts submitted to him under this paragraph, and

(b) no later than four months after the accounts are submitted to him, lay before the Assembly a copy of them as certified by him together with his report on them.

(3) In examining any accounts submitted to him under this paragraph, the Auditor General for Wales shall, in particular, satisfy himself that the expenditure to which the accounts relate has been incurred lawfully and in accordance with the authority which governs it.

Accounting officer

11

(1) The accounting officer for the Office of the Welsh Administration Ombudsman shall be the Welsh Administration Ombudsman.

(2) But where—

(a) the Welsh Administration Ombudsman is incapable of discharging his responsibilities as accounting officer, or

(b) the office of Welsh Administration Ombudsman is vacant (and there is no acting Welsh Administration Ombudsman),

the Treasury may designate a member of the Welsh Administration Ombudsman’s staff to be the accounting officer for so long as paragraph (a) or (b) applies.

(3) The accounting officer for the Office of the Welsh Administration Ombudsman shall have, in relation to the accounts of the Welsh Administration Ombudsman and the finances of the Office of the Welsh Administration Ombudsman, the responsibilities which are from time to time specified by the Treasury.

(4) In this paragraph references to responsibilities include in particular—

(a) responsibilities in relation to the signing of accounts,

(b) responsibilities for the propriety and regularity of the finances of the Office of the Welsh Administration Ombudsman, and

(c) responsibilities for the economy, efficiency and effectiveness with which the resources of the Office of the Welsh Administration Ombudsman are used.

(5) The responsibilities which may be specified under this paragraph include responsibilities owed to—

(a) the Assembly, the executive committee or the Audit Committee, or

(b) the House of Commons or its Committee of Public Accounts.

(6) If requested to do so by the House of Commons Committee of Public Accounts, the Audit Committee may—

(a) on behalf of the Committee of Public Accounts take evidence from the accounting officer for the Office of the Welsh Administration Ombudsman, and

(b) report to the Committee of Public Accounts and transmit to that Committee any evidence so taken.

(7) In this paragraph and paragraphs 12 and 13 “the Office of the Welsh Administration Ombudsman” means the Welsh Administration Ombudsman and the members of his staff.

Examinations into use of resources

12

(1) The Auditor General for Wales may carry out examinations into the economy, efficiency and effectiveness with which the Welsh Administration Ombudsman has used the resources of the Office of the Welsh Administration Ombudsman in discharging his functions.

(2) Sub-paragraph (1) shall not be construed as entitling the Auditor General for Wales to question the merits of the policy objectives of the Welsh Administration Ombudsman.

(3) In determining how to exercise his functions under this paragraph, the Auditor General for Wales shall take into account the views of the Audit Committee as to the examinations which he should carry out under this paragraph.

(4) The Auditor General for Wales may lay before the Assembly a report of the results of any examination carried out by him under this paragraph.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Examinations by the Comptroller and Auditor General

13

(1) For the purpose of enabling him to carry out examinations into, and report to Parliament on, the finances of the Office of the Welsh Administration Ombudsman, the Comptroller and Auditor General—

(a) shall have a right of access at all reasonable times to all such documents in the custody or under the control of the Welsh Administration Ombudsman, or of the Auditor General for Wales, as he may reasonably require for that purpose, and

(b) shall be entitled to require from any person holding or accountable for any of those documents any assistance, information or explanation which he reasonably thinks necessary for that purpose.

(2) The Comptroller and Auditor General shall—

(a) consult the Auditor General for Wales, and

(b) take into account any relevant work done or being done by the Auditor General for Wales,

before he acts in reliance on sub-paragraph (1) or carries out an examination in respect of the Welsh Administration Ombudsman under section 7 of the National Audit Act 1983 (economy etc. examinations).

Part II — Investigation of complaints

Bodies subject to investigation

14

(1) The bodies subject to investigation by the Welsh Administration Ombudsman are—

(a) the Assembly, and

(b) subject to any notes in paragraph 15(1), the bodies listed in sub-paragraph (2).

(2) The bodies referred to in sub-paragraph (1) are—

(a) the Arts Council of Wales,

(ab) whether the applicant is included in the list kept under section 81 of the Care Standards Act 2000; and

(b) the Countryside Council for Wales,

(d) the Forestry Commissioners,

(da) the Higher Education Funding Council for Wales,

(db) the National Council for Education and Training for Wales,

(e) the Office of Her Majesty’s Chief Inspector of Education and Training in Wales or Prif Arolygydd Ei Mawrhydi dros Addysg a Hyfforddiant yng Nghymru,

(f) the Sports Council for Wales,

(g) urban development corporations established for urban development areas wholly in Wales,

(ga) the Wales Centre for Health,

(h) the Wales Tourist Board,

(i) the Welsh Development Agency, and

(j) the Welsh Language Board.

(3) Subject to paragraph 16, the Assembly may by order amend sub-paragraph (2) by—

(a) adding any body,

(b) omitting any body, or

(4) For the purposes of this paragraph and paragraphs 15 and 16 references to a body include an unincorporated body (as well as a body corporate); and references in this Schedule to a body subject to investigation by the Welsh Administration Ombudsman shall be construed accordingly.

(5) References in the following provisions of this Schedule to action taken in the exercise of functions of a body subject to investigation by the Welsh Administration Ombudsman include action taken in the exercise of any functions of—

(a) any of its members, or

(b) any of its officers or members of its staff.

15

(1) The notes referred to in paragraph 14(1)(b) are—

1.In the case of a body which has functions exercisable otherwise than in relation to Wales (as well as in relation to Wales or a part of Wales) no investigation may be conducted by the Welsh Administration Ombudsman in respect of action in connection with the exercise of the body’s functions otherwise than in relation to Wales.

In the case of the Environment Agency no investigation may be conducted by the Welsh Administration Ombudsman in respect of action in connection with the exercise of its flood defence functions (within the meaning of the Water Resources Act 1991).

2A. In the case of the National Council for Education and Training for Wales no investigation may be conducted by the Welsh Administration Ombudsman in respect of action taken by virtue of paragraph 11 or 12 of Schedule 10 to the Learning and Skills Act 2000.

3.In the case of an urban development corporation no investigation may be conducted by the Welsh Administration Ombudsman in respect of action in connection with the exercise of its functions in relation to town and country planning.

(2) Subject to paragraph 16, the Assembly may by order amend sub-paragraph (1) by—

(a) adding any note,

(b) omitting any note, or

(3) If and to the extent that a function is exercisable in relation to the Welsh language or any other aspect of Welsh culture it shall be regarded for the purposes of this paragraph and paragraph 16 as exercisable in relation to Wales.

1

In the case of a body which has functions exercisable otherwise than in relation to Wales (as well as in relation to Wales or a part of Wales) no investigation may be conducted by the Welsh Administration Ombudsman in respect of action in connection with the exercise of the body’s functions otherwise than in relation to Wales.

2

3

In the case of an urban development corporation no investigation may be conducted by the Welsh Administration Ombudsman in respect of action in connection with the exercise of its functions in relation to town and country planning.

(2) Subject to paragraph 16, the Assembly may by order amend sub-paragraph (1) by—

(a) adding any note,

(b) omitting any note, or

(3) If and to the extent that a function is exercisable in relation to the Welsh language or any other aspect of Welsh culture it shall be regarded for the purposes of this paragraph and paragraph 16 as exercisable in relation to Wales.

16

(1) An order under paragraph 14(3) may only add a body to paragraph 14(2) if—

(a) the body has functions exercisable in relation to Wales or a part of Wales (whether or not they are also exercisable otherwise than in relation to Wales),

(b) some or all of those functions are in a field in which the Assembly has functions, and

(2) A body falls within this sub-paragraph if—

(a) it is established under an enactment or by virtue of Her Majesty’s prerogative or is established in any other way by a Minister of the Crown or government department or by the Assembly,

(b) at least half of its expenditure on the exercise of functions in relation to Wales (or, where its functions relate only to a part of Wales, in relation to the part of Wales to which they relate) is met directly from payments made by the Assembly, and

(c) it is wholly or partly constituted by appointment made by Her Majesty, a Minister of the Crown or government department or the Assembly.

(3) An order under paragraph 14(3) shall not add to paragraph 14(2) a body whose sole activity is, or whose main activities are, included among any one or more of the following—

(a) the provision of education,

(b) the development of curricula, the conduct of examinations or the validation of educational courses,

(d) the control of entry to any profession or the regulation of the conduct of members of any profession, and

(e) the investigation of complaints by members of the public regarding the actions of any person or body or the supervision or review of, or of steps taken following, such an investigation,

or a body operating in an exclusively or predominantly commercial manner or carrying on under national ownership an industry or undertaking or part of an industry or undertaking.

(4) The Assembly may not make an order under paragraph 15(2) if the result would be that the Welsh Administration Ombudsman could investigate action in connection with the exercise of a body’s functions otherwise than in relation to Wales.

(5) In the case of a body which has functions exercisable in a field in which the Assembly does not have functions (as well as in a field in which it does)—

(a) where the Assembly by order under paragraph 14(3) adds the body to paragraph 14(2) it shall (by order under paragraph 15(2)) add to paragraph 15(1) a note relating to the body, and

(b) the Assembly may not make an order under paragraph 15(2) if the result would be that the Welsh Administration Ombudsman could investigate action in connection with the exercise of the body’s functions in a field in which the Assembly does not have functions.

(6) In the case of a body which is an authority to which the Parliamentary Commissioner Act 1967 applies—

(a) where the Assembly by order under paragraph 14(3) adds the body to paragraph 14(2) it shall (by order under paragraph 15(2)) add to paragraph 15(1) a note relating to the body, and

(b) the Assembly may not make an order under paragraph 15(2) if the result would be that the Welsh Administration Ombudsman could investigate action which can be investigated under the Parliamentary Commissioner Act 1967.

Matters which may be investigated

17

(1) The Welsh Administration Ombudsman may investigate any action taken by or on behalf of a body subject to investigation by him if—

(a) the action was taken in the exercise of administrative functions of that body, and

(b) a written complaint is duly made to him (in accordance with paragraph 18) by or on behalf of a person who claims to have sustained injustice in consequence of maladministration in connection with the action (“the person aggrieved”).

(2) For the purposes of this Schedule administrative functions exercisable by any person appointed as a member of the administrative staff of a relevant tribunal—

(a) by a body subject to investigation by the Welsh Administration Ombudsman, or

(b) with the consent (whether as to remuneration and other terms and conditions of service or otherwise) of such a body,

shall be taken to be administrative functions of the body.

(3) The Welsh Administration Ombudsman shall not conduct an investigation in respect of any action in respect of which the person aggrieved has or had—

(a) a right of appeal, reference or review to or before a tribunal constituted under any enactment or by virtue of Her Majesty’s prerogative, or

(b) a remedy by way of proceedings in any court of law,

unless the Welsh Administration Ombudsman is satisfied that, in the particular circumstances, it is not reasonable to expect the person aggrieved to resort or have resorted to it.

(4) The Welsh Administration Ombudsman shall not conduct an investigation in respect of any action if the person aggrieved has or had the opportunity to make a complaint under a procedure operated by the body in the exercise of whose functions the action was taken unless he is satisfied—

(a) that the procedure has been invoked and exhausted, or

(b) that, in the particular circumstances, it is not reasonable to expect the procedure to be or have been invoked or exhausted.

(5) The Welsh Administration Ombudsman shall not conduct an investigation in respect of—

(a) action taken by or with the authority of a body for the purposes of investigating crime,

(b) the commencement or conduct of any civil or criminal proceedings before any court of law in the United Kingdom,

(d) action taken by any member of the administrative staff of a relevant tribunal so far as taken at the direction, or on the authority (whether express or implied), of any person acting in his capacity as a member of the tribunal,

(e) action taken in matters relating to contractual or other commercial transactions, other than compulsory land transactions, or

(f) action taken in respect of appointments or removals, pay, discipline, superannuation or other personnel matters in relation to relevant service.

(6) In sub-paragraph (5)—

“compulsory land transactions” means transactions for or relating to—the acquisition of land compulsorily or in circumstances in which it could be acquired compulsorily, orthe disposal as surplus of land acquired compulsorily or in such circumstances, and

“relevant service” means service—in any office or employment under the Crown or under any body subject to investigation by the Welsh Administration Ombudsman, orin any office or employment, or under any contract for services, in respect of which power to take action, or to determine or approve the action to be taken, in personnel matters is vested in Her Majesty or any such body.

(7) The Assembly may by order amend sub-paragraph (5) or (6) so as to exclude any actions or matters from the provisions of sub-paragraph (5).

(8) In determining whether to initiate, continue or discontinue an investigation, the Welsh Administration Ombudsman shall (subject to the preceding provisions of this paragraph) act in accordance with his own discretion; but the Welsh Administration Ombudsman may not question the merits of a decision taken without maladministration in the exercise of a discretion.

(9) In this paragraph “relevant tribunal” means a tribunal specified by order made by the Secretary of State; and references to a tribunal include the person constituting a tribunal consisting of one person.

(10) References in this Schedule to “action” include failure to act (and related expressions shall be construed accordingly).

Complaints

18

(1) A complaint may be made to the Welsh Administration Ombudsman by any individual or body of persons (whether or not incorporated) except—

(a) the Assembly,

(b) a local authority or other authority or body constituted for purposes of the public service or of local government,

(c) a body constituted for the purposes of carrying on under national ownership an industry or undertaking or part of an industry or undertaking, and

(d) any other authority or body whose members are appointed by Her Majesty, any Minister of the Crown or government department or the Assembly or whose revenues consist wholly or mainly of money provided by Parliament or the Assembly.

(2) Subject to sub-paragraphs (3) and (4), a complaint shall not be entertained by the Welsh Administration Ombudsman unless made by the person aggrieved himself.

(3) Where an individual by whom a complaint might have been made to the Welsh Administration Ombudsman has died, or is for any reason unable to act for himself, the complaint may be made by—

(a) his personal representatives,

(b) a member of his family, or

(4) Where a body by whom a complaint might have been made to the Welsh Administration Ombudsman is for any reason unable to act for itself, the complaint may be made by an individual, or another body, suitable to represent it.

(5) A complaint to the Welsh Administration Ombudsman shall not be entertained unless it is made to him not later than twelve months after the day on which the person aggrieved first had notice of the matters alleged in the complaint; but the Welsh Administration Ombudsman may conduct an investigation pursuant to a complaint not made within that period if he considers that there are special circumstances which make it proper to do so.

(6) A body subject to investigation by the Welsh Administration Ombudsman may itself refer to him a complaint made to the body about action taken by or on behalf of the body in the exercise of administrative functions of the body if the complaint was made—

(a) in writing,

(b) by a person who could have made a complaint to the Welsh Administration Ombudsman about the action, and

(c) not more than twelve months after the day on which the person aggrieved first had notice of the matters alleged in the complaint or such later day as the Welsh Administration Ombudsman considers appropriate in any particular case.

(7) But a body subject to investigation by the Welsh Administration Ombudsman may not refer a complaint under sub-paragraph (6) more than twelve months after the day on which the body received the complaint.

(8) Any question whether a complaint is duly made or referred to the Welsh Administration Ombudsman shall be determined by him; but a complaint duly referred to him shall be deemed to be duly made to him.

Investigation procedure

19

(1) Where the Welsh Administration Ombudsman proposes to conduct an investigation pursuant to a complaint made to him, he shall afford to—

(a) the body concerned, and

(b) any person who is alleged in the complaint to have taken or authorised the action complained of,

an opportunity to comment on any allegations contained in the complaint.

(2) The investigation shall be conducted in private but in other respects the procedure for conducting the investigation shall be such as the Welsh Administration Ombudsman considers appropriate in the circumstances of the case; and, in particular, the Welsh Administration Ombudsman—

(a) may obtain information from such persons and in such manner, and make such inquiries, as he thinks fit, and

(b) may determine whether any person may be represented, by counsel or solicitor or otherwise, in the investigation.

(3) The Welsh Administration Ombudsman may, if he thinks fit, pay to the person by whom the complaint was made and to any other person who attends or supplies information for the purposes of an investigation—

(a) sums in respect of expenses properly incurred by them, and

(b) allowances by way of compensation for the loss of their time,

in accordance with such scales, and subject to such conditions, as may be determined by the Welsh Administration Ombudsman.

(4) The conduct of an investigation shall not affect—

(a) any action taken, or

(b) any power or duty to take further action with respect to any matters subject to the investigation.

Evidence

20

(1) For the purposes of an investigation by the Welsh Administration Ombudsman he may require—

(a) any member of, or any officer or member of the staff of, the body concerned, or

(b) any other person who in his opinion is able to supply information or produce documents relevant to the investigation,

to supply such information or produce such documents.

(2) For the purposes of any such investigation the Welsh Administration Ombudsman shall have the same powers as the High Court in respect of—

(a) the attendance and examination of witnesses (including the administration of oaths and affirmations and the examination of witnesses abroad), and

(b) the production of documents.

(3) No obligation to maintain secrecy or other restriction on the disclosure of information obtained by or supplied to persons in Her Majesty’s service, whether imposed by any enactment or by any rule of law, shall apply to the disclosure of information for the purposes of an investigation by the Welsh Administration Ombudsman.

(4) The Crown shall not be entitled in relation to any investigation by the Welsh Administration Ombudsman to any such privilege in respect of the production of documents or the giving of evidence as is allowed by law in legal proceedings.

(5) Subject to sub-paragraph (4), no person shall be compelled for the purposes of an investigation by the Welsh Administration Ombudsman to give any evidence or produce any document which he could not be compelled to give or produce in civil proceedings before the High Court.

Obstruction and contempt

21

(1) The Welsh Administration Ombudsman may certify an offence to the High Court where—

(a) a person, without lawful excuse, obstructs him or any member of his staff in the performance of his functions, or

(b) a person is guilty of any act or omission in relation to an investigation which, if that investigation were proceedings in the High Court, would constitute contempt of court.

(2) Where an offence is so certified the High Court may inquire into the matter; and after hearing—

(a) any witnesses who may be produced against or on behalf of the person charged with the offence, and

(b) any statement that may be offered in defence,

the High Court may deal with the person charged with the offence in any manner in which it could deal with him if he had committed the same offence in relation to the High Court.

(3) Nothing in this paragraph shall be construed as applying to the taking of any such action as is mentioned in paragraph 19(4).

Reports

22

(1) Where the Welsh Administration Ombudsman has conducted an investigation pursuant to a complaint made to him, he shall prepare a report of the results of the investigation and shall send copies of it to—

(a) the person who made the complaint,

(b) any Assembly member who, to the Welsh Administration Ombudsman’s knowledge, assisted that person in making the complaint (or, if he is no longer an Assembly member, such Assembly member as the Welsh Administration Ombudsman thinks appropriate),

(d) any person who is alleged in the complaint to have taken or authorised the action complained of, and

(e) the Assembly First Secretary.

(2) Where the Welsh Administration Ombudsman decides not to conduct an investigation pursuant to a complaint made to him, he shall prepare a statement of his reasons for not conducting an investigation and shall send copies of it to—

(a) the person who made the complaint, and

(b) any Assembly member who, to the Welsh Administration Ombudsman’s knowledge, assisted that person in making the complaint (or, if he is no longer an Assembly member, such Assembly member as the Welsh Administration Ombudsman thinks appropriate).

Action in response to reports

23

(1) Where the Assembly First Secretary receives a copy of a report under paragraph 22(1) of the results of an investigation of any action taken in the exercise of a function, he shall send a copy of it to any Assembly Secretary who is accountable to the Assembly (in accordance with section 56) for the exercise of the Assembly’s functions in any fields in which the function falls.

(2) Where in a report under paragraph 22(1) the Welsh Administration Ombudsman states that injustice to the person aggrieved has been caused in consequence of maladministration, the body concerned shall consider the report and within—

(a) the period of three months beginning with the date on which the body received the report, or

(b) such longer period as the Welsh Administration Ombudsman may agree in writing,

shall notify the Welsh Administration Ombudsman of the action taken or proposed to be taken.

(3) The Welsh Administration Ombudsman shall prepare a further report if he—

(a) does not receive the notification required by sub-paragraph (2) within the period allowed by or under that sub-paragraph,

(b) is not satisfied with the action taken or proposed to be taken, or

(c) does not within the period of three months beginning with the end of the period allowed by or under sub-paragraph (2), or such longer period as the Welsh Administration Ombudsman may agree in writing, receive confirmation from the body that action has been taken, as proposed, to his satisfaction.

(4) The further report shall set out those facts and make such recommendations as the Welsh Administration Ombudsman thinks fit to make with respect to action which, in his opinion, should be taken—

(a) to remedy the injustice to the person aggrieved, and

(b) to prevent similar injustice being caused in the future;

and a copy of the further report shall be sent to each of the persons to whom a copy of the report under paragraph 22(1) was sent.

(5) Where the Assembly First Secretary receives a copy of a further report arising from an investigation of any action taken in the exercise of a function, he shall send a copy of it to any Assembly Secretary who is accountable to the Assembly (in accordance with section 56) for the exercise of the Assembly’s functions in any fields in which the function falls.

(6) Where the Assembly First Secretary receives a copy of a further report arising from an investigation of any action taken in the exercise of functions of the Assembly, he shall also—

(a) lay a copy of it before the Assembly, and

(b) (unless action to the satisfaction of the Welsh Administration Ombudsman has been taken or proposed) give to the Assembly notice of his intention to move that the Assembly resolve to approve the recommendations specified in it.

(7) The standing orders must make provision for any motion of which notice has been given pursuant to sub-paragraph (6)(b) to be moved as soon as is reasonably practicable (unless action to the satisfaction of the Welsh Administration Ombudsman has been taken or proposed).

Reports: supplementary

24

(1) Apart from identifying any body investigated, a report under paragraph 22(1), a further report under paragraph 23(3) or a report under paragraph 6 shall not—

(a) mention the name of any person, or

(b) include any particulars which, in the opinion of the Welsh Administration Ombudsman, are likely to identify any person and can be omitted without impairing the effectiveness of the report or further report,

unless, after taking account of the public interest (as well as the interests of any person who made a complaint and other persons), the Welsh Administration Ombudsman considers it necessary for the report or further report to mention his name or include such particulars.

(2) For the purposes of the law of defamation, the following are absolutely privileged—

(a) the publication of any matter by the Welsh Administration Ombudsman in a report or statement under paragraph 22, a further report under paragraph 23(3) or a report under paragraph 6,

(b) the publication of any matter in communications between—

(i) an Assembly member or member of the Assembly’s staff, a member of any other body subject to investigation by the Welsh Administration Ombudsman or an officer or member of the staff of any such body, and

(ii) the Welsh Administration Ombudsman or a member of his staff,

in connection with a complaint to the Welsh Administration Ombudsman,

(c) the publication of any matter in communications between any person and an Assembly member in connection with a complaint by the person to the Welsh Administration Ombudsman, and

(d) the publication of any matter in communications between any person and the Welsh Administration Ombudsman or a member of his staff in connection with a complaint by the person to the Welsh Administration Ombudsman.

Confidentiality of information

25

(1) Information obtained by the Welsh Administration Ombudsman or a member of his staff in the course of or for the purposes of an investigation shall not be disclosed except—

(a) for the purposes of the investigation and of any report of it,

(b) for the purposes of any proceedings for—

(i) an offence under the Official Secrets Acts 1911 to 1989 alleged to have been committed in respect of information obtained by him or a member of his staff, or

(ii) an offence of perjury alleged to have been committed in the course of an investigation by him,

(d) for the purposes of any proceedings under paragraph 21, or

(e) in accordance with paragraph 26.

(2) Neither the Welsh Administration Ombudsman nor any members of his staff shall be called upon to give evidence in any proceedings (other than proceedings referred to in sub-paragraph (1)) of matters coming to his or their knowledge in the course of an investigation.

(3) A Minister of the Crown may give notice in writing to the Welsh Administration Ombudsman with respect to—

(a) any document or information specified in the notice, or

(b) any class of document or information so specified,

that in the opinion of the Minister the disclosure of that document or information, or of documents or information of that class, would be prejudicial to the safety of the State or otherwise contrary to the public interest.

(4) Where such a notice is given neither the Welsh Administration Ombudsman nor any member of his staff shall be required or authorised to disclose to any person or for any purpose any document or information specified in the notice or any document or information of a class so specified.

(5) Information obtained from the Information Commissioner by virtue of section 76 of the Freedom of Information Act 2000 shall be treated for the purposes of sub-paragraph (1) as obtained for the purposes of an investigation and, in relation to such information, the reference in paragraph (a) of that subsection to the investigation shall have effect as a reference to any investigation.

26

(1) Sub-paragraph (2) applies where—

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

(b) a person initiates a complaint to him in his capacity as a Commissioner which relates partly to a matter with respect to which that person has previously initiated, or subsequently initiates, a complaint to him as Welsh Administration Ombudsman.

(2) Information obtained by the Welsh Administration Ombudsman or a member of his staff in the course of or for the purposes of investigating the complaint made to him in his capacity as Welsh Administration Ombudsman may be disclosed for the purposes of his carrying out his functions in relation to the other complaint.

(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.

Consultation and co-operation with other Ombudsmen

27

(1) Where the Welsh Administration Ombudsman, at any stage in the course of conducting an investigation, forms the opinion that the complaint relates partly to a matter which could be the subject of an investigation—

(a) by the Parliamentary Commissioner for Administration under the Parliamentary Commissioner Act 1967,

(b) by a Health Service Commissioner under the Health Service Commissioners Act 1993, . . .

(d) by the Social Housing Ombudsman for Wales under regulations under section 51B of the Housing Act 1996, or

(d) by the Scottish Public Services Ombudsman under the Scottish Public Services Ombudsman Act 2002,

he shall consult about the complaint with the appropriate Commissioner or Ombudsmanor Scottish Public Services Ombudsman as the case may require and, if he considers it necessary, he shall inform the person who made the complaint of the steps necessary to make a complaint to that Commissioner or Ombudsmanor the Scottish Public Services Ombudsman .

(2) Where the Welsh Administration Ombudsman consults with a Commissioner or Ombudsmanor the Scottish Public Services Ombudsman in accordance with sub-paragraph (1), the consultations may extend to any matter relating to the complaint, including—

(a) the conduct of any investigation pursuant to the complaint, and

(b) the form, content and publication of any report of such an investigation.

(3) Where a body subject to investigation by the Welsh Administration Ombudsman is also—

(a) an authority to which the Parliamentary Commissioner Act 1967 applies,

(b) a body subject to investigation by a Health Service Commissioner under the Health Service Commissioners Act 1993, or

the Welsh Administration Ombudsman and the Parliamentary Commissioner for Administration, the Health Service Commissioner concerned or the Local Commissioner concerned shall co-operate with each other to any such extent as appears appropriate when exercising any function in relation to the body.

(4) Nothing in paragraph 25(1) applies in relation to the disclosure of information in the course of consultations or other co-operation under this paragraph.

SCHEDULE 10

1

The Health Service Commissioners Act 1993 has effect subject to the following amendments.

2

In section 1(3) (which introduces Schedule 1), for “the Commissioners and other administrative matters” substitute “ , and other administrative matters relating to, the Health Service Commissioner for England and the Health Service Commissioner for Scotland; and Schedule 1A has effect with respect to the appointment and remuneration of, and other administrative matters relating to, the Health Service Commissioner for Wales ”.

3

(1) Section 2 (bodies subject to investigation by Health Service Commissioners) is amended as follows.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) In subsection (5)(b) (Special Health Authorities which are subject to investigation by Health Service Commissioner), omit “by Order in Council”.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7

In section 8(2) (authorities not entitled to make a complaint)—

(a) in paragraph (a), after “government” insert “ (including the Assembly) ”, and

(b) in paragraph (c), after “department” insert “ or by the Assembly ” and after “Parliament” insert “ or the Assembly ”.

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9

In section 11(4) (payment of expenses etc. by Commissioner)—

(a) after “Payments” insert “ made by the Health Service Commissioner for England or the Health Service Commissioner for Scotland ”, and

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

13

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

14

(1) Section 18 (consultation with other Commissioners) is amended as follows.

(2) In subsection (1) (duty to consult), ... after “Commissioner”, in both places where it appears in the words following paragraph (d), insert “ or the Ombudsman ”.

(3) In subsection (2) (matters which may be covered by consultation), after “another Commissioner” insert “ or the Welsh Administration Ombudsman ”.

(4) In subsection (3) (confidentiality), omit “by a Commissioner or his officers”.

15

(1) Section 19 (interpretation) is amended as follows.

(2) After the definition of “allotted sum” insert—

“the Assembly” means the National Assembly for Wales;

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

16

(1) Schedule 1 (the Commissioners) is amended as follows.

(2) In the heading, before “COMMISSIONERS” insert “ ENGLISH AND SCOTTISH ”.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) In paragraph 2(1) (acting Commissioners), for “Where any” substitute “ Where either ”.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) Omit paragraph 11(2) (staff of Welsh Commissioner).

(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

17

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 11

Part I — The Partnership Council

Membership of Partnership Council

1

(1) The members of the Partnership Council shall be appointed by the Assembly.

(2) Appointments to membership of the Partnership Council shall be made as soon as is reasonably practicable after each ordinary election but in any event so that a meeting of the Partnership Council can be held as required by paragraph 5(2).

(3) The Assembly may at any time make an appointment to fill a casual vacancy in the membership of the Partnership Council.

(4) The Assembly may not delegate the function of appointing members of the Partnership Council.

2

(1) The Assembly shall appoint as members of the Partnership Council—

(a) such number of Assembly members, and

(b) such number of members of local authorities in Wales,

as the Assembly considers appropriate.

(2) The number of members of the Partnership Council who have been appointed under paragraph (a) of sub-paragraph (1) shall at no time exceed the number who have been appointed under paragraph (b) of that sub-paragraph (unless the excess is due to casual vacancies which are temporarily unfilled).

(3) A member of an authority within paragraph (b), (c), (d) or (e) of subsection (7) of section 113 may only be appointed under sub-paragraph (1)(b) if he is also a member of an authority within paragraph (a) of that subsection.

(4) A person may not be appointed under sub-paragraph (1)(b) if he is also an Assembly member.

Consultation about membership of Partnership Council

3

(1) After each ordinary election the Assembly shall consult—

(a) local authorities in Wales, and

(b) associations of local authorities in Wales,

about the membership of the Partnership Council.

(2) The consultation required by sub-paragraph (1) shall include consultation about—

(a) the number of persons to be appointed under paragraph (a) of sub-paragraph (1) of paragraph 2,

(b) the number of persons to be appointed under paragraph (b) of that sub-paragraph, and

(c) in relation to each of the descriptions of authorities within paragraphs (b), (c), (d) and (e) of section 113(7), the number of members of an authority of that description to be appointed.

(3) When consulting authorities and associations under sub-paragraph (1), the Assembly shall invite them to make, within a period specified by the Assembly, nominations of persons for appointment to membership of the Partnership Council under paragraph 2(1)(b).

(4) The appointments shall be made from among those nominated in accordance with the invitation except to the extent that the number of persons so nominated is insufficient to produce the number of members required.

(5) Where a casual vacancy arises among the members of the Partnership Council appointed under paragraph 2(1)(b), the Assembly shall invite—

(a) such local authorities in Wales, and

(b) such associations of local authorities in Wales,

as the Assembly considers appropriate to make, within a period specified by the Assembly, nominations of persons for appointment under paragraph 2(1)(b) to fill the vacancy.

(6) The appointment to fill the vacancy shall be made from among those nominated in accordance with the invitation unless no-one is so nominated.

(7) Where, pursuant to sub-paragraph (4) or (6), the Assembly appoints as a member of the Partnership Council under paragraph 2(1)(b) a person nominated by an authority or association, the Assembly shall notify the authority or association of the appointment.

Cessation of membership of Partnership Council

4

(1) Subject to the following provisions of this paragraph, a person appointed as a member of the Partnership Council shall remain a member until the end of the day before the ordinary election following his appointment.

(2) A person appointed as a member of the Partnership Council may resign at any time.

(3) A person appointed as a member of the Partnership Council under paragraph (a) of sub-paragraph (1) of paragraph 2 shall cease to be a member if—

(a) he ceases to be an Assembly member, or

(b) he is removed from membership of the Partnership Council by the Assembly.

(4) A person appointed as a member of the Partnership Council under paragraph (b) of that sub-paragraph shall cease to be a member if he ceases to be eligible for appointment under that paragraph.

(5) Where the appointment of a person as a member of the Partnership Council under that paragraph was notified under paragraph 3(7) to an authority or association—

(a) the authority or association may require the Assembly to remove him from membership, and

(b) he shall cease to be a member on being removed from membership by the Assembly in compliance with that requirement.

(6) A person—

(a) whose appointment as a member of the Partnership Council was notified under paragraph 3(7) to an authority within paragraph (b), (c), (d) or (e) of subsection (7) of section 113, and

(b) who was, on appointment, a member of the authority,

shall cease to be a member of the Partnership Council if he ceases to be a member of the authority (even though he remains a member of an authority within paragraph (a) of that subsection).

(7) The Assembly may not delegate the function of removing a person from membership of the Partnership Council under sub-paragraph (3)(b) or (5)(b).

Procedure of Partnership Council

5

(1) The Partnership Council must meet at least once a year.

(2) The first meeting of the Partnership Council after each ordinary election must be held within the period of six months beginning with the day on which the poll at the ordinary election is held.

(3) Subject to sub-paragraphs (1) and (2), the procedure of the Partnership Council shall be regulated by standing orders made by the Assembly.

(4) The Assembly shall consult—

(a) local authorities in Wales, and

(b) associations of local authorities in Wales,

before making, or remaking or revising, the standing orders of the Partnership Council.

(5) The standing orders of the Partnership Council may provide for the Partnership Council to establish committees.

(6) The members of any committee established by the Partnership Council shall be elected by the Partnership Council from among its members so as to secure that the number of its members who were appointed to the Partnership Council under paragraph (a) of sub-paragraph (1) of paragraph 2 does not exceed the number who were so appointed under paragraph (b) of that sub-paragraph.

Part II — The local government scheme

6

The Assembly shall keep the local government scheme under review and in the year following each ordinary election (after the first) shall consider whether it should be remade or revised.

7

The Assembly may not delegate the function of making, or remaking or revising, the local government scheme.

8

The Assembly shall publish the local government scheme when first made and whenever subsequently remade and, if the scheme is revised without being remade, shall publish either the revisions or the scheme as revised (as it considers appropriate).

9

After each financial year the Assembly shall publish a report of how its proposals as set out in the local government scheme were implemented in that financial year.

SCHEDULE 12

The Exchequer and Audit Departments Act 1866 (c. 39)

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Statutory Instruments Act 1946 (c. 36)

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Public Records Act 1958 (c. 51)

3

(1) The First Schedule to the Public Records Act 1958 (definition of public records) is amended as follows.

(2) In paragraph 2(2) (excluded departmental records), at the end insert

or (e) to Welsh public records (as defined in the Government of Wales Act 1998).

(3) In Part I of the Table at the end of paragraph 3 (boards and establishments under government departments)—

(a) at the end of the entry relating to National Health Service Authorities insert “ and Authorities for districts or localities in Wales, or for areas in or consisting of Wales (including National Health Service trusts all of whose hospitals, establishments and facilities are situated in Wales) ”,

(b) at the end of the entry relating to Family Practitioner Committees insert “ for localities in England ”, and

(4) In paragraph 5 (Chancery records), after “England” insert “ , other than any which are Welsh public records (as defined in the Government of Wales Act 1998), ”.

(5) In paragraph 6 (records in Public Record Office), at the end (but not as part of paragraph (c)) insert— “ other than any which are Welsh public records (as defined in the Government of Wales Act 1998). ”

(6) In paragraph 7(1) (power to add further categories of records), after “provisions of this Schedule” insert “ and not being Welsh public records (as defined in the Government of Wales Act 1998) ”.

The Parliamentary Commissioner Act 1967 (c. 13)

4

The Parliamentary Commissioner Act 1967 has effect subject to the following amendments.

5

In section 3(2) (performance of functions of Parliamentary Commissioner by officers of his or of a Health Service Commissioner), for the words “or may be performed” onwards substitute “ , by any member of the staff so authorised of the Welsh Administration Ombudsman or of the Health Service Commissioner for Wales or by any officer so authorised of the Health Service Commissioner for England or of the Health Service Commissioner for Scotland. ”

6

In section 4 (departments etc. subject to investigation), after subsection (3) insert—

(3A) No entry shall be made if the result of making it would be that the Parliamentary Commissioner could investigate action which can be investigated by the Welsh Administration Ombudsman under Schedule 9 to the Government of Wales Act 1998.

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8

(1) Section 11A (consultations between Parliamentary Commissioner and Health Service Commissioners) is amended as follows.

(2) In subsection (1) (duty of consultation)—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) for “office as that Commissioner” substitute “ the office concerned ”, and

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9

In Schedule 2 (departments etc. subject to investigation by Parliamentary Commissioner)—

(a) in the entry relating to urban development corporations, after “corporations” insert “ established for urban development areas wholly in England ”,

(b) in note 1A, insert at the end “ ; and no investigation under this Act shall be conducted in respect of any action in connection with functions of the Environment Agency in relation to Wales (within the meaning of the Government of Wales Act 1998). ”, and

(1B) In the case of the Forestry Commission no investigation under this Act shall be conducted in respect of any action in connection with functions of the Forestry Commissioners in relation to Wales (within the meaning of the Government of Wales Act 1998).

The Pensions (Increase) Act 1971 (c. 56)

10

In Part II of Schedule 2 to the Pensions (Increase) Act 1971 (official pensions), before paragraph 39 insert—

(38B) A pension payable under a scheme established under section 18(2)(b) of the Government of Wales Act 1998.

The Local Government Act 1974 (c. 7)

11

The Local Government Act 1974 has effect subject to the following amendments.

12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

13

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

14

In section 27(1) (authorities not entitled to make a complaint)—

(a) in paragraph (a), after “government” insert “ (including the National Assembly for Wales) ”, and

(b) in paragraph (b), after “department” insert “ or by the National Assembly for Wales ” and after “Parliament” insert “ or the National Assembly for Wales ”.

15

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

16

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

17

(1) Section 33 (consultation with other Commissioners) is amended as follows.

(2) In subsection (1) (duty to consult), ... in the words following paragraph (b), after “Commissioner” insert “ or the Ombudsman ” ....

(3) In subsection (2) (matters which may be covered by consultation)—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) after “that Commissioner” insert “ or the Ombudsman ”.

(4) In subsection (5) (confidentiality)—

(a) after “Act of 1993,” insert “ in paragraph 25(1) of Schedule 9 to the Government of Wales Act 1998 ”, and

(b) omit “by any of the Commissioners mentioned in this section, or by any of their officers,”.

The Juries Act 1974 (c. 23)

18

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The House of Commons Disqualification Act 1975 (c. 24)

19

In Part III of Schedule 1 to the House of Commons Disqualification Act 1975 (certain disqualifying offices) insert at the appropriate places—

Auditor General for Wales.

Member of the staff of the Auditor General for Wales.

, and

Welsh Administration Ombudsman.

The Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (c. 55)

20

In Part III of Schedule 1 to the Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (excusal from jury service as of right: Scotland), before Group C insert—

Members of the National Assembly for Wales.

The Mental Health Act 1983 (c. 20)

21

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

22

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

23

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Insolvency Act 1986 (c. 45)

24

In section 427 of the Insolvency Act 1986 (members of House of Commons adjudged bankrupt etc.), before subsection (7) insert—

(6B) Subsections (4) to (6) have effect in relation to a member of the National Assembly for Wales but as if— (a) references to the House of Commons were to the Assembly and references to the Speaker were to the presiding officer, and (b) in subsection (4), for “under this section” there were substituted “under section 12(2) of the Government of Wales Act 1998 by virtue of this section”.

The Finance Act 1987 (c. 16)

25

In section 55(1) of the Finance Act 1987 (Crown exemption from stamp duty), after “Her Majesty’s Treasury,” insert “ or to the National Assembly for Wales, ”.

26

The Copyright, Designs and Patents Act 1988 has effect subject to the following amendments.

27

In section 49 (copying of public records not to constitute infringement of copyright), after “1923” insert “ , or in Welsh public records (as defined in the Government of Wales Act 1998), ”.

28

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

29

In paragraph 10(1) of Schedule 2 (copying of public records not to constitute infringement of rights in performances), after “1923” insert “ , or in Welsh public records (as defined in the Government of Wales Act 1998), ”.

The Official Secrets Act 1989 (c. 6)

30

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Finance Act 1989 (c. 26)

31

(1) Section 182 of the Finance Act 1989 (restrictions on disclosure of information about taxpayers) is amended as follows.

(2) In subsection (4)(a) (offence for Parliamentary Commissioner for Administration and others to disclose information about taxpayers), after sub-paragraph (ii) insert—

(iii) of the Auditor General for Wales and any member of his staff, or (iv) of the Welsh Administration Ombudsman and any member of his staff,

(3) In subsection (6) (authorised disclosures), in the words after paragraph (e), for “or the Parliamentary Commissioner,” substitute “ , the Parliamentary Commissioner, the Auditor General for Wales or the Welsh Administration Ombudsman, ”.

32

In section 123(8) of the Social Security Administration Act 1992 (auditors and investigators of complaints who may not disclose social security information)—

(a) after paragraph (b) insert—

(ba) the Auditor General for Wales and any member of his staff;

, and

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Tribunals and Inquiries Act 1992 (c. 53)

33

In section 16(1) of the Tribunals and Inquiries Act 1992 (interpretation), in the definition of “Minister”, after “includes” insert “ the National Assembly for Wales and ”.

The European Communities (Amendment) Act 1993 (c. 32)

34

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Value Added Tax Act 1994 (c. 23)

35

In section 41(6) of the Value Added Tax Act 1994 (meaning of government department), before “a Northern Ireland department,” insert “ , the National Assembly for Wales, ”.

The Deregulation and Contracting Out Act 1994 (c. 40)

36

In section 79(1) of the Deregulation and Contracting Out Act 1994 (interpretation of Part II), in the definition of “office-holder”—

(a) after “officer of either House of Parliament,” insert “ the Auditor General for Wales, ” ...

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 13

1

The Welsh Development Agency Act 1975 has effect subject to the following amendments.

2

After section 21 insert—

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.

This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence. legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.