[F169APossible conflict of interest in an investigationE+W

(1)If subsection (2) or (4) applies in a case involving a member or co-opted member (or former member or co-opted member) of a relevant authority, the Public Services Ombudsman for Wales (“the Ombudsman”) must exercise the power in paragraph 14 of Schedule 1 to the Public Services Ombudsman (Wales) Act 2019 to delegate—

(a)the decision as to whether to investigate the case under section 69, and

(b)any investigation of the case.

(2)This subsection applies if at any time within the period of five years ending with the date mentioned in subsection (3) the Ombudsman was—

(a)a member,

(b)a member of a committee, sub-committee, joint committee or joint sub-committee, or

(c)an officer,

of the relevant authority concerned.

(3)The date is—

(a)if the case is within section 69(1)(a), the date on which the Ombudsman received the written allegation, or

(b)if the case is within section 69(1)(b), the date on which the Ombudsman received the written allegation investigated under section 69(1)(a).

(4)This subsection applies if the Ombudsman considers that the Ombudsman has, or is likely to have, an interest in the matters which may be investigated or the outcome of any investigation.

(5)If subsection (4) applies the Ombudsman must disclose the nature of the interest to the person to whom any investigation under section 69 would or does relate, and to any person who has made an allegation as described in section 69(1)(a).

(6)If the Ombudsman makes a decision as to whether to investigate a case, or investigates a case, in contravention of subsection (1), that contravention does not affect the validity of anything done by the Ombudsman.]