Government of Wales Act 1998 (c. 38) (c. 38)

(The document as of February, 2008)

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(6) Where the Assembly First Secretary receives a copy of a further report arising from an investigation relating to the Assembly, he shall also--

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

(b) (unless action to the satisfaction of the Health Service Commissioner for Wales 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 of the Assembly must make provision for any motion of which notice has been given pursuant to subsection (6)(b) to be moved as soon as is reasonably practicable (unless action to the satisfaction of the Health Service Commissioner for Wales has been taken or proposed).

14C Reports: supplementary.

(1) Apart from identifying any body or provider investigated, a report under section 14A(1), a further report under section 14B(3) or a report under paragraph 7 of Schedule 1A shall not--

(a) mention the name of any person, or

(b) include any particulars which, in the opinion of the Health Service Commissioner for Wales, 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 Commissioner 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 Health Service Commissioner for Wales in a report or statement under section 14A, a further report under section 14B(3) or a report under paragraph 7 of Schedule 1A,

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

(i) an Assembly member or a member of the Assembly's staff or a member or an officer or member of the staff of any other body or provider subject to investigation by the Commissioner, and

(ii) the Commissioner or a member of his staff,

in connection with a complaint to the Commissioner,

(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 Commissioner, and

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

12 In section 15(3) (interpretation of reference to a Commissioner's advisers), insert at the end "or paragraph 6(6) of Schedule 1A".

13 In section 17(1) (use of information by Commissioner in other capacity), after "Health Service Commissioner" insert ", the office of Welsh Administration Ombudsman".

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

(2) In subsection (1) (duty to consult), after paragraph (b) insert--

" (ba) by the Welsh Administration Ombudsman under the Government of Wales Act 1998, " , and 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) After the definition of "family health service provider" insert--

" "financial year" and "first financial year of the Assembly" have the same meanings as in the Government of Wales Act 1998; " .

(4) In the definition of "officer", insert at the end "and, in the case of the Health Service Commissioner for Wales, any member of his staff;".

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

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

(3) Before paragraph 1 insert--

" Introductory

A1 In this Schedule references to a Commissioner (or Health Service Commissioner) are to the Health Service Commissioner for England or the Health Service Commissioner for Scotland or to either of those Commissioners (as the context requires). "

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

(5) In paragraphs 3(2)(a) and 3A(2)(a) (ineligibility of certain persons for appointment), omit "or for Wales".

(6) In paragraph 6 (salary of person holding more than one office)--

(a) in sub-paragraph (1)(b), for "one or more" substitute "either or both", and

(b) in sub-paragraph (2), for "two or more" substitute "both".

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

(8) In paragraph 12 (performance of functions of Commissioner by officers of another Commissioner), for "another Commissioner or the Parliamentary Commissioner" substitute "the other Commissioner, the Health Service Commissioner for Wales, the Parliamentary Commissioner or the Welsh Administration Ombudsman".

17 After that Schedule insert--

Section 1(3).

" SCHEDULE 1A The Welsh Commissioner

Appointment

1 (1) The Health Service Commissioner for Wales shall be appointed by Her Majesty.

(2) Subject to sub-paragraphs (3) and (4), the Health Service Commissioner for Wales 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 Health Service Commissioner for Wales 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 Health Service Commissioner for Wales 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 Health Service Commissioner for Wales shall be regarded as holding office under Her Majesty and as exercising his functions on behalf of the Crown.

(2) Service as the Health Service Commissioner for Wales 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 [1989 c. 6.] Official Secrets Act 1989.

Appointment of acting Commissioner

3 (1) Where the office of Health Service Commissioner for Wales 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 that Commissioner.

(2) Subject to sub-paragraphs (3) to (5), an acting Health Service Commissioner for Wales shall hold office in accordance with the terms of his appointment.

(3) An acting Health Service Commissioner for Wales shall not hold office after--

(a) the appointment of a new Health Service Commissioner for Wales, 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 Health Service Commissioner for Wales 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 Health Service Commissioner for Wales 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 Health Service Commissioner for Wales.

Ineligibility of certain persons for appointment

4 (1) A person who is a member of a body mentioned in section 2(1) or (2) shall not be appointed as Health Service Commissioner for Wales or acting Health Service Commissioner for Wales; and a person so appointed shall not, during his appointment, become a member of such a body.

(2) A person mentioned in section 2A(1) or (2) shall not be appointed as Health Service Commissioner for Wales or acting Health Service Commissioner for Wales; and a person so appointed shall not, during his appointment, become a person so mentioned.

Remuneration

5 (1) The Assembly shall--

(a) pay the Health Service Commissioner for Wales 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 the Health Service Commissioner for Wales is also--

(a) Parliamentary Commissioner, or

(b) Welsh Administration Ombudsman,

he shall not be entitled to any salary as Health Service Commissioner for Wales.

(3) Where the Health Service Commissioner for Wales also holds either or both of the other offices of Health Service Commissioner, he shall be entitled only to the salary pertaining to such one of the offices of Health Service Commissioner as he selects.

(4) The Assembly shall pay to or in respect of a person who has ceased to hold office as Health Service Commissioner for Wales 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.

(5) In Schedule 1 to the [1972 c. 11.] Superannuation Act 1972 (offices etc. to which section 1 of that Act applies), in the list of "Offices" insert--

" Health Service Commissioner for Wales. "

(6) 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 (5) in the sums payable out of money provided by Parliament under the [1972 c. 11.] Superannuation Act 1972.

Staff and advisers

6 (1) The Health Service Commissioner for Wales may appoint such staff as he considers necessary for assisting him in the exercise of his functions.

(2) The Health Service Commissioner for Wales 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 Health Service Commissioner for Wales 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 [1972 c. 11.] Superannuation Act 1972.

(5) Any function of the Health Service Commissioner for Wales may be exercised by--

(a) a member of his staff,

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

if authorised by the Health Service Commissioner for Wales for that purpose; and references in any enactment to a member of the staff of the Health Service Commissioner for Wales 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 Health Service Commissioner for Wales may obtain advice from any person who, in his opinion, is qualified to give it.

(7) The Health Service Commissioner for Wales 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 Health Service Commissioner for Wales 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 Health Service Commissioner for Wales or the Assembly for the other.

Reports

7 (1) The Health Service Commissioner for Wales--

(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 Health Service Commissioner for Wales may, publish reports laid before the Assembly under this paragraph.

Expenses

8 (1) The expenses of the Health Service Commissioner for Wales 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 Health Service Commissioner for Wales 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

9 (1) For each financial year after the first financial year of the Assembly the Health Service Commissioner for Wales 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.

(5) In this paragraph "the executive committee" means the committee of the Assembly referred to as the executive committee in the Government of Wales Act 1998.

Accounts

10 (1) The Health Service Commissioner for Wales shall keep proper accounting records.

(2) The Health Service Commissioner for Wales 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

11 (1) The accounts prepared by the Health Service Commissioner for Wales for any financial year shall be submitted by him to the Auditor General for Wales no later than five months after the end of that 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

12 (1) The accounting officer for the Office of the Health Service Commissioner for Wales shall be the Health Service Commissioner for Wales.

(2) But where--

(a) the Health Service Commissioner for Wales is incapable of discharging his responsibilities as accounting officer, or

(b) the office of Health Service Commissioner for Wales is vacant (and there is no acting Health Service Commissioner for Wales),

the Treasury may designate a member of the staff of the Health Service Commissioner for Wales to be the accounting officer for so long as paragraph (a) or (b) applies.

(3) The accounting officer for the Office of the Health Service Commissioner for Wales shall have, in relation to the accounts of the Health Service Commissioner for Wales and the finances of the Office of the Health Service Commissioner for Wales, 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 Health Service Commissioner for Wales, and

(c) responsibilities for the economy, efficiency and effectiveness with which the resources of the Office of the Health Service Commissioner for Wales 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 of the Assembly, 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 of the Assembly may--

(a) on behalf of the Committee of Public Accounts take evidence from the accounting officer for the Office of the Health Service Commissioner for Wales, and

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

(7) In this paragraph and paragraphs 13 and 14 "the Office of the Health Service Commissioner for Wales" means the Health Service Commissioner for Wales and the members of his staff; and in this paragraph "the executive committee" has the same meaning as in paragraph 9.

Examinations into use of resources

13 (1) The Auditor General for Wales may carry out examinations into the economy, efficiency and effectiveness with which the Health Service Commissioner for Wales has used the resources of the Office of the Health Service Commissioner for Wales 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 Health Service Commissioner for Wales.

(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 of the Assembly 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) The Auditor General for Wales and the Comptroller and Auditor General may co-operate with, and give assistance to, each other in connection with the carrying out of examinations in respect of the Health Service Commissioner for Wales under this paragraph or section 7 of the [1983 c. 44.] National Audit Act 1983 (economy etc. examinations).

Examinations by the Comptroller and Auditor General

14 (1) For the purpose of enabling him to carry out examinations into, and report to Parliament on, the finances of the Office of the Health Service Commissioner for Wales, 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 Health Service Commissioner for Wales, 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 Health Service Commissioner for Wales under section 7 of the [1983 c. 44.] National Audit Act 1983 (economy etc. examinations). "

Section 113.

SCHEDULE 11 Relations with local government: supplementary

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.

Section 125.

SCHEDULE 12 Minor and consequential amendments

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

1 At the end of section 3 of the Exchequer and Audit Departments Act 1866 (tenure of Comptroller and Auditor General) insert-- " But a person may at the same time hold both the office of Comptroller and Auditor General and the office of Auditor General for Wales. "

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