The Regulatory Reform (Collaboration etc. between Ombudsmen) Order 2007

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends legislation relating to the Parliamentary Commissioner for Administration (the Parliamentary Commissioner Act 1967 (“the 1967 Act”)), the Health Service Commissioner for England (the Health Service Commissioners Act 1993 (“the 1993 Act”)) and the Local Commissioners of the Commission for Local Administration in England (the Local Government Act 1974 (“the 1974 Act”)). These bodies are referred collectively in this Note as “the Ombudsmen”.

Article 2 adds a new section 11ZAA to the 1967 Act so as to allow the Parliamentary Ombudsman to conduct a joint investigation with the Health Service Ombudsman and/or the Local Government Ombudsman, where a complaint relates to the jurisdiction of more than one of the Ombudsmen. This provision also requires the Parliamentary Ombudsman to obtain the consent of the person who made the complaint (or any person acting on his behalf under s.6(2) of the 1967 Act). Where the Parliamentary Ombudsman conducts an investigation jointly with another person he may make a report jointly with that person.

Article 3 inserts a new subsection (2A) into section 3 of the 1967 Act. For the purposes of carrying out a joint investigation this provision enables an officer or member of staff of the Commission for Local Administration in England to perform any of the Parliamentary Ombudsman’s functions, provided the Parliamentary Ombudsman has authorised him to do so. Section 3(2) already allows any function of the Parliamentary Ombudsman to be performed by any officer of the Health Service Ombudsman.

Article 4 makes effectively the same amendments to the 1974 Act as Article 2 makes to the 1967 Act.

Article 5 makes a similar amendment to the 1974 Act to that which Article 3 makes to the 1967 Act, so as to enable officers of the Parliamentary Ombudsman and/or the Health Service Ombudsmen to perform functions of a Local Commissioner for the purposes of a joint investigation.

Article 6 makes effectively the same amendments to the 1993 Act as Article 2 makes to the 1967 Act and Article 4 makes to the 1974 Act.

Article 7 makes effectively the same amendments to the 1993 Act as Article 5 makes to the 1974 Act.

Article 8 inserts a new paragraph (aa) into subsection (2) of section 11 of the 1967 Act. It enables the Parliamentary Ombudsman to disclose information he has obtained in the course of an investigation to one or both of the other Ombudsmen for the purposes of a complaint which is being investigated by them.

Article 9 inserts a new paragraph (ba) into section 32(1) of the 1974 Act. Publication of matters by a Local Commissioner in communications with the Parliamentary Ombudsman or Health Service Ombudsman will attract absolute privilege for the purposes of the law of defamation.

Articles 10 and 11, respectively, make effectively the same amendments to the 1974 Act and 1993 Act as Article 8 makes to the 1967 Act.

Article 12 inserts a new subsection (1A) into section 3 of the 1967 Act, to allow the Parliamentary Ombudsman to appoint and pay a mediator or other appropriate person to assist him in relation to an investigation of a complaint. Similar provisions are made in Articles 13 and 14 in relation to the 1974 Act and 1993 Act respectively.

Article 15 inserts new provision into section 26(5) of the 1974 Act. Paragraph (a) requires a Local Commissioner before investigating a complaint to satisfy himself that a complainant has given the relevant authority an opportunity to consider and reply to the complaint. New paragraph (b) however enables a Local Commissioner to proceed to investigate a complaint where in the particular circumstances he is satisfied that it is not reasonable to expect the complaint to be brought to the notice of the relevant authority or for that authority to be given a reasonable opportunity to investigate and reply.

A Regulatory Impact Assessment has been prepared and placed in the library of each House of Parliament. Copies can be obtained from Cabinet Office, Propriety and Ethics Team, 70 Whitehall, London SW1.