SCHEDULES
C2SCHEDULE 4F14The Commission
Sch. 4 extended (W.) (28.7.2001) by S.I. 2001/2275, reg. 3
Disqualifications
1
1
A person shall be disqualified for being appointed as, or for being, a Local Commissioner if—
a
he is disqualified for being elected, or being, a member of F20 any authority to which Part 3 of this Act applies; or
b
he is a member of any of those authorities F22....
2
A Local Commissioner shall not at any time conduct a case arising in an area if it is wholly or partly within an area for which one of those authorities is responsible and, within the five years ending at that time, the Local Commissioner F21—
a
has been a member of that authority,
b
has taken action on behalf of that authority in the exercise of any of their functions, or
c
has taken action which, by virtue of an enactment, is treated as having been taken by that authority in the exercise of any of their functions.
F292A
A Local Commissioner shall not conduct a case which involves an adult social care provider if the Local Commissioner has a financial or other interest in the provider which is likely to affect prejudicially the exercise of his functions.
2B
In sub-paragraph (2A) “adult social care provider” has the same meaning as in Part 3A of this Act.
F312C
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F312D
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3
The acts and proceedings of a person appointed as a Local Commissioner and acting in that office F4... shall, notwithstanding his disqualification under this paragraph, be as valid and effectual as if he had been qualified.
F182A
A Local Commissioner shall be disqualified for being appointed to a paid office by an authority to which Part 3 of this Act applies—
a
while the categories of matter for which the Local Commissioner has responsibility pursuant to section 23(8A) include—
i
matters relating to the authority, or
ii
matters of a description which may include matters relating to the authority, and
b
for three years after the Local Commissioner ceases to have responsibility for such matters pursuant to section 23(8A).
F182
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Remuneration, etc.
3
1
2
F13
Sub-paragraphs (1) and (2) above apply in relation to Commissioners who are advisory members of the Commission as they apply in relation to Local Commissioners.
Staff and accommodation
4
1
F7The Commission may appoint a secretary, and such other officers as they may consider to be required for the discharge of their functions.
2
F8The Commission shall make arrangements to enable Local Commissioners to investigate F23 matters , and in particular arrangements for—
a
allocating members of their staff to assist Local Commissioners, and
b
providing offices and other accommodation.
3
An officer of F9the Commission shall not be allocated to assist a Local Commissioner without the approval of that Local Commissioner.
F104
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F255
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F24F176
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Proceedings of F15the Commission
Words in Sch. 4 para. 5 cross-heading substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 18(6) (with s. 38); S.I. 2005/2800, art. 5(1)(3)
5
1
F11The Commission may determine their own procedure, including the quorum necessary for their meetings.
2
The validity of any proceedings of F12the Commission shall not be affected by any vacancy among the members of the Commission or by any defect in the appointment of any member of the Commission.
3
F13The Commission shall be a body corporate, and their common seal shall be authenticated by the signature of a member of the Commission, or of some other person authorised in that behalf by the Commission.
Expenses of F16the Commission
Words in Sch. 4 para. 6 cross-heading substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 18(8) (with s. 38); S.I. 2005/2800, art. 5(1)(3)
C1F285A
1
The Secretary of State must pay to the Commission in respect of each financial year such amount as he determines to be the amount required for the discharge during that year of the functions of the Commission.
2
A determination under sub-paragraph (1) must be approved by the Treasury.
6
F32... . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7
F32. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8
F32. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F38A
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F39
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F310
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F311
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12
F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
13F19Delegation
1
Any function of a Commissioner may be discharged on the Commissioner's behalf—
a
by any person authorised by the Commissioner to do so, and
b
to the extent so authorised.
2
Sub-paragraph (1) does not affect the responsibility of the Commissioner for the discharge of the function.
F303
Any function of the Commission may be discharged on the Commission's behalf—
a
by any person authorised by the Commission to do so, and
b
to the extent so authorised.
4
Sub-paragraph (3) does not affect the responsibility of the Commission for the discharge of the function.
Sch. 4 title substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 17 (with s. 38); S.I. 2005/2800, art. 5(1)(3)