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United Kingdom Statutory Instruments |
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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The National Assembly for Wales (Legislative Competence) (Social Welfare and Other Fields) Order 2008 No. 3132 URL: http://www.bailii.org/uk/legis/num_reg/2008/uksi_20083132_en_1.html |
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Made
10th December 2008
Coming into force in accordance with article 1(2)
At the Court at Buckingham Palace, the 10th day of December 2008
Present,
The Queen´s Most Excellent Majesty in Council
In accordance with section 95(5) of the Government of Wales Act 2006(1) a draft of this Order has been laid before, and approved by resolution of, the National Assembly for Wales and each House of Parliament.
Accordingly, Her Majesty, in pursuance of section 95(1) of the Government of Wales Act 2006, is pleased, by and with the advice of Her Privy Council, to order as follows:-
1.–(1) This Order may be cited as the National Assembly for Wales (Legislative Competence) (Social Welfare and Other Fields) Order 2008.
(2) This Order shall come into force on the day after the day on which it is made.
(3) In this Order "the 2006 Act" means the Government of Wales Act 2006.
2. In field 5 (education and training)(2) of Part 1 of Schedule 5 to the 2006 Act, after matter 5.17 insert–
"Matter 5.18
The provision of any of the following for children or young persons–
(a) facilities for social or physical training;
(b) educational activities.
In this matter "children" and "young persons" have the same meaning as in field 15."
3. In field 15 (social welfare)(3) of Part 1 of Schedule 5 to the 2006 Act–
(a) omit the words after "This matter does not include" to the end of that field, and after those words insert "charges and payments for residential care.";
(b) after matter 15.1 insert–
"Matter 15.2
Functions of public authorities relating to–
(a) safeguarding children from harm and neglect;
(b) safeguarding and promoting the well-being of vulnerable children;
(c) reducing inequalities in well-being between children or young persons.
This matter applies to the functions of public authorities whose principal functions relate to any one or more of the fields in this Part.
Matter 15.3
Adoption services and special guardianship support services.
Matter 15.4
Fostering.
Matter 15.5
Social care services for any of the following–
(a) children;
(b) persons who care for, or who are about to care for, children;
(c) young persons;
(d) persons formerly looked after–
(i) who have attained the age of 25, and
(ii) who, immediately before attaining that age, have been pursuing, or intending to pursue, education or training.
Matter 15.6
Co-operation and arrangements to safeguard and promote the well-being of children or young persons.
This matter applies to co-operation by, and arrangements made by, –
(a) public authorities whose principal functions relate to any one or more of the fields in this part;
(b) police authorities and chief officers of police for police areas in Wales;
(c) the British Transport Police Authority;
(d) local probation boards for areas in Wales;
(e) the Secretary of State, in relation to the Secretary of State´s functions under sections 2 and 3 of the Offender Management Act 2007, or any provider of probation services under arrangements made under section 3(2) of that Act;
(f) youth offending teams for areas in Wales;
(g) the governors of prisons, young offender institutions or secure training centres in Wales (or, in the case of contracted out prisons, young offender institutions or secure training centres or contracted out parts of such institutions, their directors);
(h) persons other than public authorities who are engaged in activities relating to the well-being of children or young persons.
Matter 15.7
Planning by local authorities for the discharge of their functions relating to the well-being of children or young persons.
Matter 15.8
Continuing, dissolving or creating an office or body concerned with safeguarding and promoting the well-being of children or young persons; the functions of such an office or body, including in particular–
(a) reviewing the effect on children or young persons of the exercise by any person of functions related to their well-being;
(b) reviewing and monitoring–
(i) advocacy services;
(ii) arrangements for dealing with complaints and representations made by, or on behalf of, children or young persons in respect of persons with functions related to their well-being or persons providing them with social care services;
(c) examining cases of particular children or young persons;
(d) considering, and making representations about, any matter affecting the well-being of children or young persons.
Interpretation of this field
In this field–
"children" means persons who have not attained the age of 18;
"development" means physical, intellectual, emotional, social or behavioural development;
"health" means physical or mental health;
"local authorities" means the councils of counties or county boroughs in Wales;
"persons formerly looked after" means persons who, at any time before attaining the age of 18–
have been in the care of a public authority, or
have been provided with accommodation by a public authority in order to secure their well-being;
"public authorities" means each public authority within the meaning of section 6 of the Human Rights Act 1998, apart from courts or tribunals;
"social care services" means any of the following provided in connection with the well-being of any person: residential or non-residential care services; advice, counselling or advocacy services; financial or any other assistance;
"vulnerable children" means children–
who are unlikely to achieve or maintain, or have the opportunity of achieving or maintaining, a reasonable standard of health or development without the provision for them of social care services,
whose health or development is likely to be significantly impaired, or further impaired, without the provision for them of social care services,
who have a physical or mental impairment,
who are in the care of a public authority, or
who are provided with accommodation by a public authority in order to secure their well-being;
"well-being", in relation to individuals, means well-being so far as relating to any of the following–
health and emotional well-being;
protection from harm and neglect;
education, training and recreation;
the contribution made by them to society;
social and economic well-being;
securing their rights;
"young persons" means persons who have attained the age of 18 but not the age of 25."
4. In field 16 (sport and recreation) of Part 1 of Schedule 5 to the 2006 Act, insert–
"Matter 16.1
The provision of recreational facilities and activities for children or young persons.
In this matter "children" and "young persons" have the same meaning as in field 15."
5. In Part 1 of Schedule 5 to the 2006 Act, after field 20 insert–
The exceptions specified in the first column of each table below are not included within the matters specified in the corresponding entry in the second column.
Column 1 Exceptions |
Column 2 Matters to which the exceptions relate |
|---|---|
| 1. Regulation of the use of motor vehicles on roads, their construction and equipment and conditions under which they may be so used. | Matters 5.10, 5.17, 5.18 |
| 2. Road traffic offences. | Matters 5.10, 5.17, 5.18 |
| 3. Driver licensing. | Matters 5.10, 5.17, 5.18 |
| 4. Driving instruction. | Matters 5.10, 5.17, 5.18 |
| 5. Insurance of motor vehicles. | Matters 5.10, 5.17, 5.18 |
| 6. Drivers´ hours. | Matters 5.10, 5.17, 5.18 |
| 7. Traffic regulation on special roads, pedestrian crossings, traffic signs and speed limits. | Matters 5.10, 5.17, 5.18 |
| 8. Public service vehicle operator licensing. | Matters 5.10, 5.17, 5.18 |
9. Provision and regulation of railway services, apart from financial assistance which– (a) does not relate to the carriage of goods, (b) is not made in connection with a railway administration order, and (c) is not made in connection with Council Regulation (EEC) 1191/69 as amended by Council Regulation (EEC) No. 1893/91 on public service obligations in transport. |
Matters 5.10, 5.17, 5.18 |
| 10. Transport security. | Matters 5.10, 5.17, 5.18 |
| 11. Shipping, apart from financial assistance for shipping services to, from or within Wales. | Matters 5.10, 5.17, 5.18 |
| 12. Navigational rights and freedoms, apart from regulation of works which may obstruct or endanger navigation. | Matters 5.10, 5.17, 5.18 |
| 13. Technical and safety standards of vessels. | Matters 5.10, 5.17, 5.18 |
| 14. Harbours, docks, piers and boatslips apart from those used or required wholly or mainly for communication between places in Wales. | Matters 5.10, 5.17, 5.18 |
| 15. Registration of local bus services, and the application and enforcement of traffic regulation conditions in relation to those services. | Matters 5.10, 5.17, 5.18 |
Column 1 Exceptions |
Column 2 Matters to which the exceptions relate |
|---|---|
| 1. Child support. | Matters 15.1, 15.2, 15.3, 15.4, 15.5, 15.6, 15.8 |
2. Child trust funds, apart from subscriptions to such funds by– (a) the council of a county or county borough council in Wales, or (b) the Welsh Ministers. |
Matters 15.2, 15.4, 15.5 |
| 3. Tax credits. | Matters 15.1, 15.2, 15.4, 15.5 |
| 4. Child benefit and guardian´s allowance. | Matter 15.1, 15.2, 15.4, 15.5 |
| 5. Social security. | Matters 15.1, 15.2, 15.3, 15.4, 15.5, 15.6, 15.7, 15.8 |
| 6. Independent living funds. | Matters 15.1, 15.2, 15.5, 15.6, 15.7, 15.8 |
| 7. Motability. | Matters 15.1, 15.2, 15.5, 15.6, 15.7, 15.8 |
| 8. Vaccine Damage Payments | Matters 15.2, 15.5, 15.6, 15.7, 15.8 |
| 9. Intercountry adoption, apart from adoption agencies and their functions, and functions of the "Central Authority" under the Hague Convention on Protection of Children and Co-operation in respect of Intercountry Adoption. | Matters 15.2, 15.3 |
| 10. The Children´s Commissioner established under the Children Act 2004. | Matters 15.2, 15.3, 15.4, 15.5, 15.8 |
11. Family law and proceedings apart from– (a) welfare advice to courts, representation and provision of information, advice and other support to children ordinarily resident in Wales and their families, and (b) Welsh family proceedings officers. |
Matters 15.2, 15.3, 15.4, 15.5 |
| 12. Welfare foods | Matters 15.2, 15.5, 15.6, 15.8".
|
6. Part 1 of Schedule 5 to the 2006 Act is amended as follows–
(a) in matter 5.10 omit the words from "This matter does not include" to the end of that matter;
(b) in matter 5.17 omit the words from "This matter does not include" to the end of that matter.
Judith Simpson
Clerk of the Privy Council
(This note is not part of the Order)
This Order amends the Government of Wales Act 2006 ("the 2006 Act"). The Order extends the legislative competence of the National Assembly for Wales to make laws known as Measures of the National Assembly for Wales (referred to in the 2006 Act as "Assembly Measures"). The legislative competence conferred by this Order is subject to general limitations on the exercise of that legislative competence, which apply by virtue of section 94 of, and Schedule 5 to, the 2006 Act.
Article 2 inserts matter 5.18 into field 5 (education and training) of Part 1 of Schedule 5 to the 2006 Act. The matter is about the provision of facilities for social or physical training and educational activities for children and young people.
Article 3 inserts matters 15.2 to 15.8 and interpretation provisions into field 15 (social welfare) of Part 1 of Schedule 5 to the 2006 Act.
Matter 15.2 is about the functions of public authorities relating to–
(a) safeguarding children from harm and neglect;
(b) safeguarding and promoting the well-being of vulnerable children;
(c) reducing inequalities in well-being between children or young persons.
Matter 15.3 is about adoption services and special guardianship support services.
Matter 15.4 is about fostering.
Matter 15.5 is about social care services for–
(d) children;
(e) persons who care for, or who are about to care for children;
(f) young persons;
(g) persons formerly looked after by a public authority who–
(i) have attained the age of 25, and
(ii) who, immediately before attaining that age, have been pursuing, or intending to pursue, education or training.
Matter 15.6 is about co-operation and arrangements to safeguard and promote the well-being of children or young persons.
Matter 15.7 is about local authority planning for the discharge of their functions relating to the well-being of children or young persons.
Matter 15.8 is about the continuance, dissolution, creation and functions of an office or body concerned with safeguarding and promoting the well-being of children or young persons. This matter includes the continuance, dissolution and functions of the Children´s Commissioner for Wales.
Article 4 inserts matter 16.1 into field 16 (sport and recreation) of Part 1 of Schedule 5 to the 2006 Act. The matter is about recreational facilities and activities for children or young persons.
Article 5 inserts provision about exceptions to matters at the end of Part 1 of Schedule 5 to the 2006 Act. The exceptions are set out in two tables: one table sets out exceptions relating to highways and transport and the other sets out exceptions relating to social welfare. The exceptions specified in the first column of each table specify the things that are not included within the matters specified in the corresponding entry in the second column.
Article 6 makes amendments to the 2006 Act that are consequential to the amendments made by article 5.
A full regulatory impact assessment has not been prepared for this Order as no impact on the private or voluntary sectors is foreseen.
In the field of education and training, matters 5.1 to 5.10 were added by the National Assembly for Wales (Legislative Competence)(Conversion of Framework Powers) Order 2007 (SI 2007/910), matters 5.11 to 5.16 by section 27 of the Further Education and Training Act 2007 (c.25) and matter 5.17 by the National Assembly for Wales (Legislative Competence) (Education and Training) Order 2008 (SI 2008/1036). Back [2]
In the field of social welfare, matter 15.1 was added by the National Assembly for Wales (Legislative Competence) (Social Welfare) Order 2008 (SI 2008/ 1785) Back [3]
