SCHEDULE 6 continued
47 (1) Section 15 (confidentiality of information) is amended as follows.
(2) In subsection (1), for each occurrence of “a Commissioner” substitute “the Commissioner”.
(3) In subsections (1A), (1C) and (2), for “a Commissioner” substitute “the Commissioner”.
(4) In subsection (3)—
(a) for “a Commissioner's” substitute “the Commissioner's”;
(b) omit “or paragraph 6(6) of Schedule 1A”.
48 In section 16 (information prejudicial to the safety of the State) in subsections (1) and (2), for “a Commissioner” substitute “the Commissioner”.
49 (1) Section 17 (use of information by Commissioner in other capacity) is amended as follows.
(2) In subsection (1)—
(a) for “a Commissioner” substitute “the Commissioner”;
(b) omit the words from “any of the other offices” to “Welsh Administration Ombudsman or”.
(3) Omit subsection (3).
50 (1) Section 18 (consultation during investigations) is amended as follows.
(2) In subsection (1)—
(a) for “a Commissioner” substitute “the Commissioner”;
(b) omit paragraph (a);
(c) for paragraph (ba) substitute—
“(ba) by the Public Services Ombudsman for Wales under the Public Services Ombudsman (Wales) Act 2005,”;
(d) omit paragraph (e) and the word “or” immediately preceding it.
(3) In subsection (2)—
(a) for “a Commissioner” substitute “the Commissioner”;
(b) for “the Ombudsman” substitute “the Public Services Ombudsman for Wales”.
51 In section 18A (disclosure of information to Information Commissioner) in subsection (1) for “The Health Service Commissioner for England or the Health Service Commissioner for Wales” substitute “The Health Service Commissioner”.
52 (1) Section 19 (interpretation) is amended as follows.
(2) Omit the definitions of “financial year” and “first financial year of the Assembly”.
(3) In the definition of “officer” omit “and, in the case of the Health Service Commissioner for Wales, any member of his staff”.
53 (1) Schedule 1 is amended as follows.
(2) Omit paragraph A1.
(3) In the heading before paragraph 1, for “Commissioners” substitute “Commissioner”.
(4) In paragraph 1(1) and (2), for “a Commissioner” substitute “the Commissioner”.
(5) In paragraph 3—
(a) in sub-paragraph (1), for “a Commissioner” substitute “the Commissioner”;
(b) in sub-paragraph (2), for “section 2(1) or (2)” substitute “section 2(1)”.
(6) In paragraph 3A—
(a) in sub-paragraph (1), for “a Commissioner” substitute “the Commissioner”;
(b) in sub-paragraph (2), for “section 2A(1) or (2)” substitute “section 2A(1)”.
(7) In paragraphs 4, 5 and 7, for “a Commissioner” substitute “the Commissioner”.
(8) In paragraph 11(1), for “A Commissioner” substitute “The Commissioner”.
(9) In paragraph 12—
(a) for “a Commissioner” substitute “the Commissioner”;
(b) for “the Health Service Commissioner for Wales, the Parliamentary Commissioner or the Welsh Administration Ombudsman” substitute “the Parliamentary Commissioner or the Public Services Ombudsman for Wales”.
(10) In paragraph 13—
(a) in sub-paragraph (1), for “a Commissioner” substitute “the Commissioner”;
(b) in sub-paragraph (2), for “A Commissioner” substitute “The Commissioner”.
(11) In paragraph 14, for “a Commissioner” substitute “the Commissioner”.
54 Omit Schedule 1A (the Welsh Commissioner).
55 In section 79(1) of the Deregulation and Contracting Out Act 1994 (interpretation of Part 2), in the definition of “office-holder”—
(a) for “the Welsh Administration Ombudsman” substitute “the Public Services Ombudsman for Wales”;
(b) omit “or for Wales”.
56 The Housing Act 1996 is amended as follows.
57 In section 51(7) (schemes for investigation of housing complaints), for “section 51C” substitute “section 41 of the Public Services Ombudsman (Wales) Act 2005”.
58 Omit sections 51A to 51C and Schedule 2A (the Social Housing Ombudsman for Wales).
59 In section 49(1) of the Audit Commission Act 1998 (restriction on disclosure of information), for the second paragraph (dd) substitute—
“(de) for the purposes of the functions of an ethical standards officer or the Public Services Ombudsman for Wales under Part 3 of the Local Government Act 2000;”.
60 In section 31 of the Data Protection Act 1998 (regulatory activity), in subsection (4)(a)—
(a) in sub-paragraph (ii), omit “or, the Commission for Local Administration in Wales”;
(b) in sub-paragraph (iii), omit “or, the Health Service Commissioner for Wales”;
(c) for sub-paragraph (iv) substitute—
“(iv) the Public Services Ombudsman for Wales,”.
61 The Government of Wales Act 1998 is amended as follows.
62 In section 12(1) (disqualification from being Assembly member)—
(a) in paragraph (c), omit “or the office of Welsh Administration Ombudsman”;
(b) after paragraph (c) insert—
“(ca) he holds the office of Public Services Ombudsman for Wales;”.
63 In section 13(3) (exceptions and relief from disqualification), for “or (c)” substitute “, (c) or (ca)”.
64 In section 70 (openness), in subsection (5)(a) for “the Welsh Administration Ombudsman and the Health Service Commissioner for Wales” substitute “the Public Services Ombudsman for Wales”.
65 Omit section 111 (Welsh Administration Ombudsman).
66 In section 144 (accounts, audit and reports), in subsection (8)(a)—
(a) for “the Welsh Administration Ombudsman” substitute “the Public Services Ombudsman for Wales”;
(b) omit “the Health Service Commissioner for Wales,”.
67 In section 146 (transfer etc. of functions from Comptroller and Auditor General), in subsection (2)(b)—
(a) for “the Welsh Administration Ombudsman” substitute “the Public Services Ombudsman for Wales”;
(b) omit “the Health Service Commissioner for Wales,”.
68 In section 156 (defined expressions), omit the entry for the Welsh Administration Ombudsman.
69 Omit Schedule 9 (Welsh Administration Ombudsman).
70 The Freedom of Information Act 2000 is amended as follows.
71 In section 76(1) (disclosure of information between Information Commission and ombudsmen), in the table—
(a) omit the entries relating to the Health Service Commissioner for Wales and the Social Housing Ombudsman for Wales;
(b) for the entry relating to the Welsh Administration Ombudsman substitute—
| “The Public Services Ombudsman for Wales | Part 2 of the Public Services Ombudsman (Wales) Act 2005”. |
72 In Schedule 1 (public authorities), in Part 6—
(a) omit “The Commission for Local Administration in Wales”, “The Health Service Commissioner for Wales” and “The Welsh Administration Ombudsman”;
(b) at the appropriate place, insert “The Public Services Ombudsman for Wales”.
73 In section 21(1) of the Scottish Public Services Ombudsman Act 2002 (consultation and co-operation with other commissioners and ombudsmen)—
(a) in paragraph (b), for “either of the Health Service Commissioners” substitute “the Health Service Commissioner”;
(b) for paragraph (c) substitute—
“(c) by the Public Services Ombudsman for Wales under the Public Services Ombudsman (Wales) Act 2005,”.
74 The Health and Social Care (Community Health and Standards) Act 2003 is amended as follows.
75 In section 113 (complaints about health care) in subsection (4)—
(a) in paragraph (a), at the beginning insert “in the case of regulations under subsection (1),”;
(b) after paragraph (a) insert—
“(aa) in the case of regulations under subsection (2), to be referred to the Public Services Ombudsman for Wales for him to consider whether to investigate the complaint or matter under the Public Services Ombudsman (Wales) Act 2005 (and to be treated by him as a complaint duly referred to him under section 2(3) of that Act);”.
76 In section 114 (complaints about social services) in subsection (5)—
(a) in paragraph (a), omit “who is a member of the Commission for Local Administration in England”;
(b) for paragraph (b) substitute—
“(b) in the case of regulations under subsection (3), to be referred to the Public Services Ombudsman for Wales for him to consider whether to investigate the complaint or matter under the Public Services Ombudsman (Wales) Act 2005 (and to be treated by him as a complaint duly referred to him under section 2(3) of that Act).”
77 In section 54 of the Public Audit (Wales) Act 2004 (restriction on disclosure of information) in subsection (2)(d), for “a Local Commissioner in Wales” substitute “the Public Services Ombudsman for Wales”.