Statutory Instruments
2004 No. 2359
LOCAL GOVERNMENT, WALES
REGULATORY REFORM
The Regulatory Reform (Local Commissioner for Wales) Order 2004
Made
23rd September 2004
Coming into force
24th September 2004
Whereas
(a) the Secretary of State for Wales (“the Secretary of State”) consulted—
(i) such organisations as appeared to him to be representative of interests substantially affected by his proposals for this Order,
(ii) the statutory bodies whose functions are related to his proposals,
(iii) the National Assembly for Wales, and
(iv) such other persons as he considered appropriate;
(b) following that consultation the Secretary of State considered it appropriate to proceed with the making of this Order;
(c) a document containing the Secretary of State’s proposals was laid before Parliament as required by section 6 of the Regulatory Reform Act 2001( 1 ) and the period for Parliamentary consideration under section 8 of that Act expired;
(d) the Secretary of State had regard to the representations made during that period and in particular to the Sixth Report of Session 2003–04 of the House of Lords Delegated Powers and Regulatory Reform Committee;
(e) a draft of this Order was laid before Parliament with a statement giving details of those representations and the changes to the Secretary of State’s proposals in the light of them;
(f) the draft was approved by resolution of each House of Parliament; and
(g) the Secretary of State is of the opinion that this Order does not remove any necessary protection or prevent any person from continuing to exercise any right or freedom which he might reasonably expect to continue to exercise;
Now therefore the Secretary of State, in exercise of the powers conferred by section 1 of the Regulatory Reform Act 2001, hereby makes the following Order:
Citation, commencement and extent
1. —(1) This Order may be cited as the Regulatory Reform (Local Commissioner for Wales) Order 2004.
(2) This Order extends to England and Wales only.
(3) This Order shall come into force on the day following its making.
Amendment of the Local Government Act 1974
2. —(1)The Local Government Act 1974( 2 ) is amended as follows.
(2) In section 23 (the Commissions for Local Administration),
(a) omit subsection (2A)( 3 );
(b) in subsection (3)( 4 ) omit “, the Welsh Administration Ombudsman”; and
(c) after subsection (3), insert—
“ (3A) Where the person who is the Welsh Administration Ombudsman is not appointed as a member of the Commission for Local Administration in Wales under subsection (4)—
(a) he shall be a member of that Commission by virtue of his office; but
(b) he shall not be a “Local Commissioner” within the meaning of this Part. ” .
(3) After section 32 (law of defamation and disclosure of information) insert—
“ Use of information by Local Commissioner in other capacity
32A. —(1) Section (2) applies where—
(a) a Local Commissioner for Wales also holds the office of Welsh Administration Ombudsman or of Health Service Commissioner for Wales (an “additional office”), and
(b) a person initiates a complaint to him as the holder of the additional office which relates partly to a matter with respect to which that person has previously initiated, or subsequently initiates, a complaint to him as a Local Commissioner.
(2) Information obtained by a Local Commissioner for Wales or his officers in the course of or for the purposes of investigating a complaint made under this Part of this Act may be disclosed for the purposes of carrying out his functions in relation to the other complaint. ” .
Amendment of the Health Service Commissioners Act 1993
3. —(1)The Health Service Commissioners Act 1993( 5 ) is amended as follows.
(2) In section 17 (use of information by Commissioner in other capacity),
(a) in subsection (1), for “either” substitute “any” and after “Health Service Commissioner,” insert “the office of a Local Commissioner for Wales,”; and
(b) after subsection (2), insert—
“ (3) In this section “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. ” .
Amendment of the Government of Wales Act 1998
4. —(1)The Government of Wales Act 1998( 6 ) is amended as follows.
(2) In Schedule 9, in paragraph 26 (use of information by the Welsh Administration Ombudsman),
(a) in subparagraph (1)(a), after “Health Service Commissioner”, insert “or as a Local Commissioner for Wales”; and
(b) after subparagraph (2), insert—
“ (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. ” .
Peter Hain
Secretary of State for Wales
23rd September 2004
Section 23(2A) was inserted by Schedule 12, paragraph 12(2), to the Government of Wales Act 1998 (c. 38) .
Section 23(3) was amended by Schedule 12, paragraph 12(3), to the said Act of 1998.
1993 c. 46 . Section 17(1) was amended by Schedule 10, paragraph 13 to the Government of Wales Act 1998.