Section 37
1 In this Schedule—
“the commencement date” means the date on which this Schedule comes into force;
“existing authority” means each of—
the Welsh Administration Ombudsman;
the Health Service Commissioner for Wales;
the Commission for Local Administration in Wales;
a Local Commissioner who is a member of the Commission for Local Administration in Wales;
the Social Housing Ombudsman for Wales;
“relevant employee” means a person who, immediately before the commencement date, was an officer or member of staff of an existing authority;
“the relevant existing authority”, in relation to a relevant employee, means the existing authority of which he was an officer or member of staff immediately before the commencement date.
2 On the commencement date each relevant employee transfers to and becomes a member of the staff of the Ombudsman.
3 The contract of employment of a relevant employee transferred under paragraph 2—
(a) is not terminated by the transfer;
(b) has effect on and after the commencement date as if originally made between the employee and the Ombudsman.
4 Accordingly—
(a) all rights, powers, duties and liabilities of the relevant existing authority under or in connection with the contract of employment are transferred to the Ombudsman on the commencement date;
(b) anything done before that date by or in relation to the relevant existing authority in respect of that contract or the relevant employee is to be treated on and after that date as having been done by or in relation to the Ombudsman.
5 But if a relevant employee informs the relevant existing authority or the Ombudsman before the commencement date that he objects to the transfer—
(a) paragraphs 2 to 4 do not apply; and
(b) the contract of employment is terminated immediately before the commencement date but the relevant employee is not to be treated, for any purpose, as having been dismissed by the relevant existing authority.
6 Paragraph 5 does not affect any right of a relevant employee to terminate his contract of employment if (apart from the change of employer) a substantial change is made to his detriment in his working conditions.
7 On the commencement date all property, rights and liabilities to which each existing authority was entitled or subject immediately before that date transfer to and vest in the Ombudsman.
8 The reference in paragraph 7 to rights and liabilities does not include any rights and liabilities under a contract of employment transferred to the Ombudsman under paragraph 2.
9 Paragraph 7 has effect in relation to any property, rights and liabilities to which it applies despite any provision (of whatever nature) which would otherwise prevent, penalise or restrict their transfer.
10 Anything (including legal proceedings) which is in the process of being done by or in relation to an existing authority immediately before the commencement date and which relates to—
(a) any function of that existing authority, or
(b) any property, rights or liabilities of that existing authority transferred to the Ombudsman under paragraph 7,
may, on and after the commencement date, be continued by or in relation to the Ombudsman.
11 Anything done by an existing authority for the purpose of, or in connection with—
(a) any function of that existing authority, or
(b) any property, rights or liabilities of that existing authority transferred to the Ombudsman under paragraph 7,
and which is in effect immediately before the commencement date is to have effect on and after the commencement date as if done by the Ombudsman.
12 On and after the commencement date, the Ombudsman is to be substituted for each existing authority in any instruments, contracts or legal proceedings which relate to—
(a) any function of that existing authority, or
(b) any property, rights or liabilities of that existing authority transferred to the Ombudsman under paragraph 7,
and which are made or commenced before the commencement date.
Section 39
1 The Parliamentary Commissioner Act 1967 is amended as follows.
2 In section 3 (administrative provisions) in subsection (2), for “of the Welsh Administration Ombudsman or of the Health Service Commissioner for Wales” substitute “of the Public Services Ombudsman for Wales”.
3 In section 4 (departments etc. subject to investigation) in subsection (3A), for “by the Welsh Administration Ombudsman under Schedule 9 to the Government of Wales Act 1998” substitute “by the Public Services Ombudsman for Wales under the Public Services Ombudsman (Wales) Act 2005”.
4 In section 11 (provision for secrecy of information) in subsection (2A)—
(a) for “holds office as Welsh Administration Ombudsman or a Health Service Commissioner” substitute “holds office as the Health Service Commissioner for England”;
(b) for “in his capacity as Welsh Administration Ombudsman or a Health Service Commissioner” substitute “in his capacity as the Health Service Commissioner for England”.
5 (1) Section 11A is amended as follows.
(2) In subsection (1)—
(a) for the words from “the Welsh Administration Ombudsman” to “the Health Service Commissioner for England or Wales” substitute “the Public Services Ombudsman for Wales, the Scottish Public Services Ombudsman or the Health Service Commissioner for England”;
(b) in paragraph (b), for the words from “Government of Wales” to “Health Service” substitute “Public Services Ombudsman (Wales) Act 2005 or the Health Service”.
(3) In subsection (2), for the words from “Welsh Administration Ombudsman” to “Health Service Commissioner” substitute “Public Services Ombudsman for Wales, the Scottish Public Services Ombudsman or the Health Service Commissioner for England”.
6 In Schedule 1 to the Superannuation Act 1972 (kinds of employment etc. referred to in section 1)—
(a) omit “Health Service Commissioner for Wales”;
(b) omit “The Local Commissioner for Wales”;
(c) omit “Welsh Administration Ombudsman”.
7 The Local Government Act 1974 is amended as follows.
8 (1) Section 23 (the Commissions for Local Administration) is amended as follows.
(2) In subsection (1)—
(a) omit paragraph (b) and the word “and” immediately preceding it;
(b) for “each of the Commissions” substitute “the Commission”.
(3) In subsection (2), for “each of the Commissions” substitute “the Commission”.
(4) In subsection (3), for “one of the Commissions” substitute “the Commission”.
(5) Omit subsection (3A).
(6) In subsection (7), omit the words from “and, in the event” to the end.
(7) In subsection (8), omit the words from “; and where the” to “similar way in Wales”.
(8) In subsection (10)—
(a) for “Each of the Commissions” substitute “The Commission”;
(b) in paragraph (a), omit the words from “including” to “that other Commission”.
(9) In subsection (11)—
(a) for the words from “his Commission” to “submit it to the other Commission”, substitute “the Commission”;
(b) omit “to the appropriate Commission”.
(10) In subsection (12)—
(a) for “the Commissions” substitute “the Commission”;
(b) omit “or the National Assembly for Wales”.
(11) In subsection (12A), for “Each of the Commissions” substitute “The Commission”.
(12) In subsection (12B), in paragraph (a) omit the words “in England or, as the case may be, authorities in Wales”.
(13) In subsection (13), for “the Commissions” substitute “the Commission”.
9 (1) Section 23A (annual reports for representatives etc.) is amended as follows.
(2) In subsection (1)—
(a) for “each of the Commissions” substitute “the Commission”;
(b) in paragraph (a), omit the words “in England or, as the case may be, authorities in Wales”.
(3) In subsection (2), for “each Commission” substitute “the Commission”.
(4) In subsection (3), for “Each Commission” substitute “The Commission”.
(5) In subsection (4), for “the Commission concerned” substitute “the Commission”.
(6) Omit subsection (6).
10 In section 25(1) (authorities subject to investigation)—
(a) in paragraph (ab), at the end insert “for a National Park in England”;
(b) in paragraph (bd), at the end insert “for an urban development area in England”;
(c) in paragraph (be), at the end insert “for a designated area in England”;
(d) in paragraph (bg), after “fire and rescue authority” insert “in England”;
(e) in paragraph (ca), after “Police Act 1996” insert “for a police area in England”;
(f) in paragraph (d), at the end insert “for an area wholly or partly in England”.
11 (1) Section 26 (matters subject to investigation) is amended as follows.
(2) In subsection (6)(b), omit “or the National Assembly for Wales”.
(3) After subsection (6) insert—
“(6A) A Local Commissioner shall not conduct an investigation under this Part of this Act in respect of any action taken in connection with the discharge by an authority of any of the authority’s functions otherwise than in relation to England.”
12 (1) Section 29 (investigations: further provisions) is amended as follows.
(2) In subsection (3), omit “or the National Assembly for Wales”.
(3) in subsection (5)—
(a) omit paragraph (aa);
(b) in paragraph (b), for “or the Health Service Commissioner for Wales, or by any of their officers” substitute “or by any of his officers”;
(c) after paragraph (b) insert “, or
(c) the restriction imposed by section 26 of the Public Services Ombudsman (Wales) Act 2005.”.
13 (1) Section 32 (law of defamation and disclosure of information) is amended as follows.
(2) In subsection (1) in paragraphs (a) and (b), for “either Commission” substitute “the Commission”.
(3) In subsection (2)—
(a) for “either Commission” (in both places) substitute “the Commission”;
(b) for “his Commission” substitute “the Commission”.
(4) In subsection (3), for “a Commission” substitute “the Commission”.
(5) In subsection (5)—
(a) omit “or the National Assembly for Wales”;
(b) omit “or a member of the Assembly’s staff”;
(c) omit “or the Assembly”.
14 Omit section 32A (use of information by Local Commissioner in other capacity).
15 (1) Section 33 (consultation between Local Commissioner and other commissioners and ombudsmen) is amended as follows.
(2) In subsection (1)—
(a) omit paragraphs (aa) and (aza);
(b) in paragraph (b), omit “or the Health Service Commissioner for Wales”;
(c) after paragraph (b) insert—
“(ba) by the Public Services Ombudsman for Wales, in accordance with the Public Services Ombudsman (Wales) Act 2005;”;
(d) omit “under the Housing Act 1996, under the Government of Wales Act 1998,”;
(e) after “the Act of 1993” insert “, the Public Services Ombudsman (Wales) Act 2005”.
(3) In subsection (2)—
(a) for the words from “the Social” to “Welsh Administration Ombudsman” substitute “the Public Services Ombudsman for Wales”;
(b) for “one of the Health Service Commissioners” substitute “the Health Service Commissioner for England”.
(4) In subsection (5)—
(a) omit “in paragraph 13(1) of Schedule 2A to the Housing Act 1996”;
(b) for “paragraph 25(1) of Schedule 9 to the Government of Wales Act 1998” substitute “section 26 of the Public Services Ombudsman (Wales) Act 2005”.
16 (1) Section 34(1) (interpretation of Part 3) is amended as follows.
(2) For the definition of “the Commissions” substitute—
““the Commission” means the Commission for Local Administration in England,”.
(3) In the definition of “local authority”—
(a) after “a county council” insert “in England”;
(b) omit “a Welsh county council, a county borough council”.
17 For the title to Schedule 4, substitute “The Commission”.
18 (1) Schedule 4 is amended as follows.
(2) in paragraph 1(3) (disqualifications), omit the words “or in the office of Social Housing Ombudsman for Wales”.
(3) In paragraph 2(2), omit the words from “and, if the Commissioner for Local Administration in Wales” to the end.
(4) In paragraph 3—
(a) in sub-paragraph (1), for “Each Commission” substitute “The Commission”;
(b) in sub-paragraph (2), for “the appropriate Commission” substitute “the Commission”.
(5) In paragraph 4—
(a) in sub-paragraph (1), for “Each of the Commissions” substitute “The Commission”;
(b) in sub-paragraph (2), for “Each of the Commissions” substitute “The Commission”;
(c) in sub-paragraph (3), for “a Commission” substitute “the Commission”;
(d) omit sub-paragraph (4).
(6) In the heading before paragraph 5, for “the Commissions” substitute “the Commission”.
(7) In paragraph 5—
(a) in sub-paragraph (1), for “The Commissions” substitute “The Commission”;
(b) in sub-paragraph (2), for “either Commission” substitute “the Commission”;
(c) in sub-paragraph (3), for “Each of the Commissions” substitute “The Commission”.
(8) In the heading before paragraph 6, for “the Commissions” substitute “the Commission”.
(9) In paragraph 6, in sub-paragraphs (1), (2) and (3), omit “for Local Administration in England”.
(10) Omit paragraph 6A.
(11) In paragraph 7, in sub-paragraphs (1), (2) and (4), for “Each Commission” substitute “The Commission”.
(12) In paragraph 8, omit “for Local Administration in England”.
(13) Omit paragraph 8A.
19 In Schedule 1 to the House of Commons Disqualification Act 1975 (offices disqualifying for membership)—
(a) in Part 2, omit “The Commission for Local Administration in Wales.”;
(b) in Part 3—
(i) omit “Health Service Commissioner for Wales.”;
(ii) at the appropriate place insert “Public Services Ombudsman for Wales.”;
(iii) omit “Welsh Administration Ombudsman.”.
20 (1) Section 19A of the National Health Service Act 1977 (independent advocacy services) is amended as follows.
(2) In subsection (2)(b), for “the Health Service Commissioner for Wales” substitute “the Public Services Ombudsman for Wales”.
(3) For subsection (3) substitute—
“(3) In subsection (2)—
“health service body” means—
in relation to England, a body which, under section 2(1) of the Health Service Commissioners Act 1993, is subject to investigation by the Health Service Commissioner for England;
in relation to Wales, a Welsh health service body (within the meaning of the Public Services Ombudsman (Wales) Act 2005);
“independent provider” means—
in relation to England, a person who, under section 2B(1) of the Health Service Commissioners Act 1993, is subject to investigation by the Health Service Commissioner for England;
in relation to Wales, a person who is an independent provider in Wales (within the meaning of the Public Services Ombudsman (Wales) Act 2005)”.
21 In section 134 of the Mental Health Act 1983 (correspondence of patients), in subsection (3)(c)—
(a) for “the Welsh Administration Ombudsman” substitute “the Public Services Ombudsman for Wales”;
(b) omit “, the Health Service Commissioner for Wales”.
22 In section 182 of the Finance Act 1989 (disclosure of information)—
(a) in subsection (4)(a), for sub-paragraph (iv) substitute—
“(iv) of the Public Services Ombudsman for Wales and any member of his staff, or”;
(b) in subsection (6), for “the Welsh Administration Ombudsman” substitute “the Public Services Ombudsman for Wales”;
(c) in subsection (11)(c), omit “, the Health Service Commissioner for Wales”.
23 The Local Government and Housing Act 1989 is amended as follows.
24 (1) Section 5 (designation and reports of monitoring officer) is amended as follows.
(2) In subsection (2), after paragraph (b) insert “; or
(c) a matter which the Public Services Ombudsman for Wales would be entitled to investigate under the Public Services Ombudsman (Wales) Act 2005,”.
(3) After subsection (2A) insert—
“(2AA) No duty shall arise by virtue of subsection (2)(c) above unless the Public Services Ombudsman for Wales has conducted an investigation under the Public Services Ombudsman (Wales) Act 2005 in relation to the proposal, decision or omission concerned.”
25 (1) Section 5A (reports of monitoring officer: local authorities operating executive arrangements) is amended as follows.
(2) In subsection (3), after paragraph (b) insert “; or
(c) a matter which the Public Services Ombudsman for Wales would be entitled to investigate under the Public Services Ombudsman (Wales) Act 2005.”.
(3) After subsection (4) insert—
“(4A) No duty shall arise by virtue of subsection (3)(c) above unless the Public Services Ombudsman for Wales has conducted an investigation under the Public Services Ombudsman (Wales) Act 2005 in relation to the proposal, decision or omission concerned.”
26 In section 123 of the Social Security Administration Act 1992 (unauthorised disclosure of information relating to particular persons) in subsection (8)—
(a) omit paragraphs (f), (hb) and (hd);
(b) before paragraph (i) insert—
“(he) the Public Services Ombudsman for Wales and any member of his staff;”.
(c) in paragraph (k), for “(hb)” substitute “(ha)”.
27 The Health Service Commissioners Act 1993 is amended as follows.
28 In the heading before section 1, for “Commissioners” substitute “Commissioner”.
29 For the heading to section 1, substitute “The Commissioner”.
30 (1) Section 1 is amended as follows.
(2) In subsection (1), omit paragraph (b).
(3) In subsection (2)—
(a) for “a Commissioner” substitute “the Commissioner”;
(b) for “any of the Commissioners” substitute “the Health Service Commissioner for England”.
(4) In subsection (3), omit the words from “for England” to the end.
31 (1) Section 2 (the bodies subject to investigation) is amended as follows.
(2) In subsection (1), for “the Health Service Commissioner for England” substitute “the Commissioner”.
(3) Omit subsection (2).
(4) For subsection (6) substitute—
“(6) A designation made for the purposes of subsection (5)(b) shall be made by Order in Council; and a statutory instrument containing an Order in Council made by virtue of this subsection shall be subject to annulment in pursuance of a resolution of either House of Parliament.”.
32 (1) Section 2A (health service providers subject to investigation) is amended as follows.
(2) In subsection (1), for “the Health Service Commissioner for England” substitute “the Commissioner”.
(3) Omit subsection (2).
(4) In subsection (4), for “subsection (1) or (2)” substitute “subsection (1)”.
33 (1) Section 2B (independent providers subject to investigation) is amended as follows.
(2) In subsection (1), for “the Health Service Commissioner for England” substitute “the Commissioner”.
(3) Omit subsections (2) and (2A).
(4) In subsection (4), for “subsection (1)(a) or (2)(a)” substitute “subsection (1)(a)”.
(5) In subsection (5), for “subsection (1) or (2)” substitute “subsection (1)”.
34 In the heading to section 3, for “Commissioners” substitute “Commissioner”.
35 (1) Section 3 is amended as follows.
(2) In subsections (1), (1A), (1C), (1E), (2), (3), (4), (5) and (6), for “a Commissioner” substitute “the Commissioner”.
(3) Omit subsection (1YA).
36 (1) Section 4 (availability of other remedy) is amended as follows.
(2) In subsections (1) and (2), for “A Commissioner” substitute “The Commissioner”.
(3) In subsection (5), for “a Commissioner” substitute “the Commissioner”.
37 In section 6 (general health services and service committees) in subsections (3) and (5)—
(a) for “A Commissioner” substitute “The Commissioner”;
(b) omit “or Health Authority”.
38 (1) Section 7 (personnel, contracts etc.) is amended as follows.
(2) In subsection (1)—
(a) for “A Commissioner” substitute “The Commissioner”;
(b) omit “or service as a member of the staff of the Assembly”.
(3) In subsection (2), for “A Commissioner” substitute “The Commissioner”.
(4) In subsection (3), for “the Health Service Commissioners for England and for Wales” substitute “the Commissioner”.
(5) In subsection (3A), for “A Commissioner” substitute “The Commissioner”.
(6) In subsections (3B) and (4), for “a Commissioner” substitute “the Commissioner”.
39 (1) Section 9 (requirements to be complied with) is amended as follows.
(2) In subsection (1), for “a Commissioner” substitute “the Commissioner”.
(3) In subsection (4A), for “section 2A(1) or (2)” substitute “section 2A(1)”.
(4) In subsection (4B), for “section 2B(1) or (2)” substitute “section 2B(1)”.
40 (1) Section 10 (referral of complaint by health service body) is amended as follows.
(2) In subsections (1), (4) and (5), for “a Commissioner” substitute “the Commissioner”.
(3) Omit subsection (2A).
41 (1) Section 11 (procedure in respect of investigations) is amended as follows.
(2) In subsections (1), (1A), (1B), and (1C), for “a Commissioner” substitute “the Commissioner”.
(3) In subsection (4)—
(a) for “A Commissioner” substitute “The Commissioner”;
(b) for “the Health Service Commissioner for England” substitute “the Commissioner”;
(c) omit the words from “and payments made by the Health Service Commissioner for Wales” to the end.
42 In section 12 (evidence) in subsections (1), (1A) and (2), for “a Commissioner” substitute “the Commissioner”.
43 In section 13 (obstruction and contempt), in subsection (1), for “A Commissioner” substitute “The Commissioner”.
44 For the heading to section 14 substitute “Reports by the Commissioner”.
45 (1) Section 14 is amended as follows.
(2) In subsections (1), (2), (2A), (2B), (2C), (2D), (2E), (2F), (3) and (5), for “the Health Service Commissioner for England” substitute “the Commissioner”.
(3) In subsection (4), for “The Health Service Commissioner for England” substitute “The Commissioner”.
46 Omit sections 14A to 14C (reports by the Welsh Commissioner).