Government of Wales Act 1998

The Parliamentary Commissioner Act 1967 (c. 13)

4 The Parliamentary Commissioner Act 1967 has effect subject to the following amendments.

5 In section 3(2) (performance of functions of Parliamentary Commissioner by officers of his or of a Health Service Commissioner), for the words “or may be performed” onwards substitute “, by any member of the staff so authorised of the Welsh Administration Ombudsman or of the Health Service Commissioner for Wales or by any officer so authorised of the Health Service Commissioner for England or of the Health Service Commissioner for Scotland.”

6 In section 4 (departments etc. subject to investigation), after subsection (3) insert—

“(3A) No entry shall be made if the result of making it would be that the Parliamentary Commissioner could investigate action which can be investigated by the Welsh Administration Ombudsman under Schedule 9 to the Government of Wales Act 1998.”

7 In section 11(2A) (disclosure of information between Parliamentary Commissioner and a Health Service Commissioner)—

(a) after “office as” insert “Welsh Administration Ombudsman or”, and

(b) for “such a Commissioner” substitute “Welsh Administration Ombudsman or a Health Service Commissioner”.

8 (1) Section 11A (consultations between Parliamentary Commissioner and Health Service Commissioners) is amended as follows.

(2) In subsection (1) (duty of consultation)—

(a) after “jurisdiction of” insert “the Welsh Administration Ombudsman or of”,

(b) for “office as that Commissioner” substitute “the office concerned”, and

(c) after “a complaint under” insert “the Government of Wales Act 1998 or”.

(3) In subsection (2) (matters which may be covered by consultation), after “with the” insert “Welsh Administration Ombudsman or a”.

(4) In the sidenote, after “and” insert “Welsh Administration Ombudsman or”.

9 In Schedule 2 (departments etc. subject to investigation by Parliamentary Commissioner)—

(a) in the entry relating to urban development corporations, after “corporations” insert “established for urban development areas wholly in England”,

(b) in note 1A, insert at the end “; and no investigation under this Act shall be conducted in respect of any action in connection with functions of the Environment Agency in relation to Wales (within the meaning of the Government of Wales Act 1998).”, and

(c) after that note insert—

“1B. In the case of the Forestry Commission no investigation under this Act shall be conducted in respect of any action in connection with functions of the Forestry Commissioners in relation to Wales (within the meaning of the Government of Wales Act 1998).”