Government of Wales Act 1998

Valid from 01/07/1999

Action in response to reportsU.K.

23(1)Where the Assembly First Secretary receives a copy of a report under paragraph 22(1) of the results of an investigation of any action taken in the exercise of a function, he shall send a copy of it to any Assembly Secretary who is accountable to the Assembly (in accordance with section 56) for the exercise of the Assembly’s functions in any fields in which the function falls.

(2)Where in a report under paragraph 22(1) the Welsh Administration Ombudsman states that injustice to the person aggrieved has been caused in consequence of maladministration, the body concerned shall consider the report and within—

(a)the period of three months beginning with the date on which the body received the report, or

(b)such longer period as the Welsh Administration Ombudsman may agree in writing,

shall notify the Welsh Administration Ombudsman of the action taken or proposed to be taken.

(3)The Welsh Administration Ombudsman shall prepare a further report if he—

(a)does not receive the notification required by sub-paragraph (2) within the period allowed by or under that sub-paragraph,

(b)is not satisfied with the action taken or proposed to be taken, or

(c)does not within the period of three months beginning with the end of the period allowed by or under sub-paragraph (2), or such longer period as the Welsh Administration Ombudsman may agree in writing, receive confirmation from the body that action has been taken, as proposed, to his satisfaction.

(4)The further report shall set out those facts and make such recommendations as the Welsh Administration Ombudsman thinks fit to make with respect to action which, in his opinion, should be taken—

(a)to remedy the injustice to the person aggrieved, and

(b)to prevent similar injustice being caused in the future;

and a copy of the further report shall be sent to each of the persons to whom a copy of the report under paragraph 22(1) was sent.

(5)Where the Assembly First Secretary receives a copy of a further report arising from an investigation of any action taken in the exercise of a function, he shall send a copy of it to any Assembly Secretary who is accountable to the Assembly (in accordance with section 56) for the exercise of the Assembly’s functions in any fields in which the function falls.

(6)Where the Assembly First Secretary receives a copy of a further report arising from an investigation of any action taken in the exercise of functions of the Assembly, he shall also—

(a)lay a copy of it before the Assembly, and

(b)(unless action to the satisfaction of the Welsh Administration Ombudsman has been taken or proposed) give to the Assembly notice of his intention to move that the Assembly resolve to approve the recommendations specified in it.

(7)The standing orders must make provision for any motion of which notice has been given pursuant to sub-paragraph (6)(b) to be moved as soon as is reasonably practicable (unless action to the satisfaction of the Welsh Administration Ombudsman has been taken or proposed).