Excluded matters

Public Services Ombudsman (Wales) Act 2005
2005 Chapter 10 - continued

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	SCHEDULE 2
Section 10
	EXCLUDED MATTERS
1	Action taken by or with the authority of the Assembly or a police authority for a police area in Wales for the purpose of-
	(a) the investigation or prevention of crime, or
	(b) the protection of the security of the State.
2	The commencement or conduct of proceedings before a court of competent jurisdiction.
3	Action taken by a member of the administrative staff of a relevant tribunal so far as taken at the direction, or on the authority (whether express or implied), of a person acting in his capacity as a member of the tribunal.
4	Action taken in respect of appointments, removals, pay, discipline, superannuation or other personnel matters (apart from procedures for recruitment and appointment) in relation to-
	(a) service in an office or employment under the Crown or under a listed authority;
	(b) service in an office or employment, or under a contract for services, in respect of which power to take action in personnel matters, or to determine or approve action to be taken in personnel matters, is vested in Her Majesty or a listed authority.
5	Action relating to the determination of the amount of rent.
6	(1) Action taken by an authority specified in sub-paragraph (2) and relating to-
	(a) the giving of instruction, or
	(b) conduct, curriculum, internal organisation, management or discipline,
	in a school or other educational establishment maintained by a local authority in Wales.
	(2) The authorities are-
	(a) a local authority in Wales;
	(b) an admission appeal panel;
	(c) the governing body of a community, foundation or voluntary school;
	(d) an exclusion appeal panel.
7	Action taken by the National Council for Education and Training for Wales by virtue of paragraph 11 or 12 of Schedule 10 to the Learning and Skills Act 2000 (c. 21) (legal proceedings and agreements etc. to which the Further Education Funding Council for Wales was a party).
8	Action which is or has been the subject of an inquiry under section 84 of the National Health Service Act 1977 (c. 49).
9	Action taken by a Local Health Board in the discharge of its functions under-
	(a) the National Health Service (Service Committees and Tribunal) Regulations 1992 or any instrument replacing those regulations;
	(b) regulations made under section 38, 39, 41 or 42 of the National Health Service Act 1977 by virtue of section 17 of the Health and Medicines Act 1988 (c. 49) (investigations of matters relating to services).
10	Action relating to arrangements for the provision of family health services made by a Welsh health service body and a family health service provider in Wales, where-
	(a) the action is taken by the body or the provider, and
	(b) a complaint in respect of the action is made by the provider or the body.



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Prepared 13 April 2005