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

Explanatory Note

(This note is not part of the Order)

The National Assembly for Wales may, under section 70 of the Local Government Act 2000 (as amended) (“the 2000 Act”), make provision with respect to standards investigations under section 69 of that Act by the Public Services Ombudsman for Wales (“the Ombudsman”). These investigations concern the conduct of members or co-opted members of a relevant authority in Wales where an allegation has been made that such member or co-opted member has failed, or may have failed, to comply with the relevant authority’s code of conduct.

This Order makes provision for the application of sections 60 to 63 of the 2000 Act and sections 26 and 32 of the Public Services Ombudsman (Wales) Act 2005 (“the 2005 Act”) to standards investigations. In some instances, provisions of those sections are applied with modifications.

Article 2 (by reference to Schedule 1 to the Order) applies sections 60(1); 61; 62(1) to (3), (5), (6) and (8) to (11); and 63(3) of the 2000 Act to a standards investigation under section 69 of that Act.

Article 3 (by reference to Schedule 2 to the Order) applies sections 60(4) to (6); 62(4); and 63(1) and (2) of the 2000 Act to a standards investigation under section 69 of that Act in the modified form listed in Schedule 2.

Article 4, by modification of the provisions in section 26 of the 2005 Act (which concerns disclosure of information by the Ombudsman) entitles the Ombudsman to disclose information obtained in connection with an investigation under Part 2 of the 2005 Act for the purposes of a standards investigation under section 69 of the 2000 Act (and Schedule 3 to the Order refers).

By virtue of Article 5, absolute privilege for the purposes of the law of defamation is extended to the statements of members of the Ombudsman’s staff, persons acting on behalf of the Ombudsman and persons assisting the Ombudsman in connection with the exercise of the Ombudsman’s functions under Part III of the 2000 Act.

Article 6 revokes the Local Commissioner in Wales (Standards Investigations) Order 2001.