2023 No. 292 (W. 43)

Social Care, Wales

The Care and Support (Population Assessments) (Wales) (Amendment) Regulations 2023

Made

Laid before Senedd Cymru

Coming into force

The Welsh Ministers make the following Regulations in exercise of the powers conferred by sections 14(1) and (2) and 198(1) of the Social Services and Well-being (Wales) Act 20141.

Title and commencement1

1

The title of these Regulations is the Care and Support (Population Assessments) (Wales) (Amendment) Regulations 2023.

2

These Regulations come into force on 1 April 2023.

Amendments to the Care and Support (Population Assessments) (Wales) Regulations 20152

1

The Care and Support (Population Assessments) (Wales) Regulations 20152 are amended as follows.

2

In regulation 4 (engagement with the private sector and third sector)—

a

for the heading, substitute—

4

Engagement with the private sector, third sector and public bodies

b

in paragraph (1), for “or third sector organisation which” substitute “, third sector organisation or public body which they believe”;

c

for paragraph (2), substitute—

2

For the purposes of this regulation—

  • “public body” (“corff cyhoeddus”) means a body (whether corporate or unincorporated) exercising public functions. For the purpose of this definition, a public function is a function that is a function of a public nature for the purposes of the Human Rights Act 19983;

  • “third sector organisation” (“sefydliad trydydd sector”) has the same meaning as in section 16(2) of the Act4.

Eluned MorganMinister for Health and Social Services, one of the Welsh Ministers
EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Care and Support (Population Assessments) (Wales) Regulations 2015 (“the principal Regulations”), which make provision for the carrying out of population assessments.

Regulation 4 of the principal Regulations provides that, in carrying out a population assessment, responsible bodies must engage with certain private sector or third sector organisations. Regulation 2 of these Regulations amends regulation 4 of the principal Regulations so that responsible bodies must also engage with any public body which they believe is concerned with or has an interest in the provision of care and support or preventative services to the local population. Regulation 2 of these Regulations also inserts relevant definitions for these purposes.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, it was not considered necessary to carry out a regulatory impact assessment as to the likely costs and benefits of complying with these Regulations.