The Public Services Ombudsman for Wales (Standards Investigations) Order 2006

Title, commencement, application and interpretation

1.—(1) The title of this Order is the Public Services Ombudsman for Wales (Standards Investigations) Order 2006 and this Order comes into force on 1 April 2006.

(2) This Order applies in relation to Wales.

(3) In this Order—

“the 2000 Act” (“Deddf 2000”) means the Local Government Act 2000; and

“the 2005 Act” (“Deddf 2005”) means the Public Services Ombudsman (Wales) Act 2005(1).

Application of provisions of the 2000 Act

2.  For the purposes of investigations under section 69 of the 2000 Act, the provisions of that Act as listed in Schedule 1 to this Order apply as if any reference in those provisions to—

(a) an ethical standards officer or such an officer were a reference to the Public Services Ombudsman for Wales;

(b) the Standards Board for England were a reference to the Public Services Ombudsman for Wales;

(c) England were a reference to Wales;

(d) section 59 were a reference to section 69; and

(e) the Secretary of State were a reference to the National Assembly for Wales.

Application of provisions of the 2000 Act with modifications

3.  For the purposes of investigations under section 69 of the 2000 Act, the provisions of that Act as listed in Schedule 2 to this Order apply subject to the modifications shown in that Schedule.

Application of provisions of the 2005 Act with modifications

4.  For the purposes of investigations under section 69 of the 2000 Act, the provisions of the 2005 Act as listed in Schedule 3 to this Order apply subject to the modifications shown in that Schedule.

Law of Defamation

5.  For the purposes of the law of defamation, any statement (whether written or oral) made by—

(a) a member of the staff of the Public Services Ombudsman for Wales (“the Ombudsman”); or

(b) another person acting on behalf of the Ombudsman or assisting the Ombudsman

in connection with the exercise of the Ombudsman’s functions under Part III of the 2000 Act is absolutely privileged.

Revocation

6.  The Local Commissioner in Wales (Standards Investigations) Order 2001(2) is revoked.

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998(3).

D. Elis-Thomas

The Presiding Officer of the National Assembly

28 March 2006