Social Services and Well-being (Wales) Act 2014

134 Safeguarding Children Boards and Safeguarding Adults Boards E+W

(1) Regulations must set out those areas in Wales for which there are to be Safeguarding Boards (“Safeguarding Board areas”).

(2) Each of the following is a Safeguarding Board partner in relation to a Safeguarding Board area—

(a) the local authority for an area, any part of which falls within the Safeguarding Board area;

(b) the chief officer of police for a police area, any part of which falls within the Safeguarding Board area;

(c) a Local Health Board for an area, any part of which falls within the Safeguarding Board area;

(d) an [F1 NHS Trust] providing services in the Safeguarding Board area;

(e) the Secretary of State to the extent that the Secretary of State is discharging functions under sections 2 and 3 of the Offender Management Act 2007 in relation to Wales;

(f) any provider of probation services that is required by arrangements under section 3(2) of the Offender Management Act 2007 to act as a Safeguarding Board partner in relation to the Safeguarding Board area.

(3) After consulting the Safeguarding Board partners for an area, the Welsh Ministers must by regulations specify—

(a) a Safeguarding Board partner as the lead partner in relation to children for the area, and

(b) a Safeguarding Board partner as the lead partner in relation to adults for the area.

(4) The lead partner in relation to children must establish a Safeguarding Children Board for its Safeguarding Board area.

(5) The lead partner in relation to adults must establish a Safeguarding Adults Board for its Safeguarding Board area.

(6) A Safeguarding Board must include—

(a) a representative of each Safeguarding Board partner mentioned in subsection (2) in relation to the Safeguarding Board area, and

(b) a representative of any other person or body specified in regulations as a Safeguarding Board partner in relation to the Safeguarding Board area.

(7) Regulations under subsection (6)(b) may only specify a person or body as a Safeguarding Board partner if that person or body exercises functions under an enactment in relation to children in Wales or, as the case may be, adults in Wales.

(8) Regulations under subsection (6)(b) may not specify a Minister of the [F2 Crown,] the governor of a prison or secure training centre (or, in the case of a contracted out prison or secure training centre, its director) [F3 or the principal of a secure college] as a Safeguarding Board partner unless the Secretary of State consents.

(9) A Safeguarding Board may include representatives of such other persons or bodies, being persons or bodies mentioned in subsection (10), as the Board considers should be represented on it.

(10) Those persons or bodies are persons and bodies of any nature who or which exercise functions or are engaged in activities relating to children or adults (as the case may be) in the Safeguarding Board area in question.

(11) In this section—

(a) a reference to a prison includes a young offender institution;

(b) a reference to a contracted out secure training centre has the meaning given by section 15 of the Criminal Justice and Public Order Act 1994;

(c) a reference to a contracted out prison has the meaning given by section 84(4) of the Criminal Justice Act 1991.

Textual Amendments

F1 Words in s. 134(2)(d) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 309

F2 Word in s. 134(8) substituted (20.3.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 9 para. 32(2)(a); S.I. 2015/778, art. 2(1)(c); S.I. 2015/778, art. 2(1)(c); S.I. 2015/778, art. 2(1)(c)

F3 Words in s. 134(8) inserted (20.3.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 9 para. 32(2)(b); S.I. 2015/778, art. 2(1)(c); S.I. 2015/778, art. 2(1)(c); S.I. 2015/778, art. 2(1)(c)

Commencement Information

I1 S. 134 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)