(1)A local authority must prepare and publish a local market stability report at such times as may be prescribed by regulations.
(2)A local market stability report must include—
(a)an assessment of—
(i)the sufficiency of provision of care and support in the local authority area during such period as may be prescribed by regulations;
(ii)the extent to which regulated services were provided in the local authority area during that prescribed period by service providers to whom section 61 of the Regulation and Inspection of Social Care (Wales) Act 2016 (assessment by the Welsh Ministers of financial sustainability of service provider) applies;
(iii)any other matter relating to the provision of regulated services in the local authority area as may be prescribed by regulations;
(iv)the effect on the exercise of the local authority's social services functions of the commissioning by the authority of any services in connection with those functions during such period as may be prescribed by regulations;
(b)a report of any action taken by the local authority during the period prescribed under paragraph (a)(i) in pursuance of its duty under section 189(2) (temporary duty to meet needs in the case of a provider failure).
(3)A local market stability report must be in such form as may be prescribed by regulations.
(4)In preparing a local market stability report, a local authority must—
(a)take account of—
(i)the assessment it has most recently published under section 14 (needs assessments), and
(ii)the plan it has most recently published under section 14A following the assessment, and
(b)consult with each Local Health Board with which it carried out the assessment.
(5)A local authority must send a copy of a published local market stability report to the Welsh Ministers.
(6)Before making regulations under subsection (2)(a)(iii) the Welsh Ministers must consult any persons they think appropriate.
(7)But the requirement to consult does not apply to regulations which—
(a)amend other regulations made under that subsection, and
(b)do not, in the opinion of the Welsh Ministers, effect any substantial change in the provision made by the regulations to be amended.
(8)In this section—
(a)“service provider” has the meaning given by section 3(1)(c) of the Regulation and Inspection of Social Care (Wales) Act 2016;
(b)“regulated service” has the meaning given by section 2(1) of that Act.]
Textual Amendments
F1Ss. 144A-144C inserted (4.9.2017 for the insertion of s. 144A, 29.4.2019 for the insertion of s. 144C, 23.2.2021 for the insertion of s. 144B for specified purposes) by Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2), ss. 56(1), 188(1); S.I. 2017/846, art. 2(a); S.I. 2019/864, art. 2(3)(b); S.I. 2021/181, reg. 2(a)