Well-being of Future Generations (Wales) Act 2015

CHAPTER 3 E+W MISCELLANEOUS

47 [F1 Merger and demerger of] public services boards E+W

(1) Two or more public services boards may agree to merge if they consider it would assist them in contributing to the achievement of the well-being goals.

(2) The Welsh Ministers may direct two or more public services boards to merge if the Welsh Ministers consider it would assist the boards in contributing to the achievement of the well-being goals.

F2 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) If two or more boards merge—

(a) references in this Part (other than in this section) to a public services board must be construed as references to the merged board, and

(b) references in this Part to a local authority area must be construed as references to the combined areas of the local authorities that are members of the merged board.

[F3 (5) A merged board must, as soon as reasonably practicable after it is established, review—

(a) the local well-being plans in effect for its area immediately before it was established, and

(b) the local objectives set out in those plans.

(6) As soon as reasonably practicable after a review under subsection (5), the board must prepare and publish a local well-being plan for its area which may adopt the plans and objectives mentioned in subsection (5)(a) and (b)—

(a) to the extent the board considers appropriate, and

(b) subject to such amendments and revisions as the board considers appropriate.

(7) A merged board may, if it considers that it would assist in contributing to the achievement of the well-being goals—

(a) demerge, or

(b) partially demerge (if three or more separate boards merged in the creation of the merged board).

(8) The Welsh Ministers may, if they consider that it would assist in contributing to the achievement of the well-being goals, direct a merged board to—

(a) demerge, or

(b) partially demerge (if three or more separate boards merged in the creation of the merged board).

(9) For the purposes of subsections (7) and (8), a merged board—

(a) demerges if it ceases to exist and a separate public services board is established for the area of each local authority that was a member of the merged board;

(b) partially demerges if—

(i) it continues to exist as the public services board for the areas of two or more local authorities, and

(ii) a separate public services board is established for the area of each local authority that has ceased to be a member of the merged board.

(10) A public services board established after a demerger or partial demerger must, as soon as reasonably practicable after it is established, review—

(a) the local well-being plan in effect for its area immediately before it was established, and

(b) the local objectives set out in that plan.

(11) As soon as reasonably practicable after a review under subsection (10), the board must prepare and publish a local well-being plan for its area which may adopt the plan and objectives mentioned in subsection (10)(a) and (b)—

(a) to the extent the board considers appropriate, and

(b) subject to such amendments and revisions as the board considers appropriate.

(12) Before publishing a plan under subsection (6) or (11), a board must consult—

(a) the Commissioner;

(b) the Welsh Ministers;

(c) such other persons as the board considers appropriate.

(13) A board must send a copy of a local well-being plan published under subsection (6) or (11) to the persons mentioned in section 44(6).]

Textual Amendments

F1 Words in s. 47 heading substituted (20.3.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(3)(q), Sch. 14 para. 1(5)

F2 S. 47(3) omitted (20.3.2021) by virtue of Local Government and Elections (Wales) Act 2021 (asc 1), ss. 165(2), 175(3)(q)

F3 S. 47(5)-(13) inserted (20.3.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), ss. 165(3), 175(3)(q)

Commencement Information

I1 S. 47 in force at 1.4.2016 by S.I. 2016/86, art. 3

48 Collaboration between public services boards E+W

(1) Two or more public services boards may agree to collaborate if they consider it would assist them in contributing to the achievement of the well-being goals.

(2) The Welsh Ministers may direct two or more public services boards to collaborate in whatever way the Welsh Ministers consider would assist the boards in contributing to the achievement of the well-being goals.

(3) For the purposes of this section, a board collaborates if it—

(a) co-operates with another board,

(b) facilitates the activities of another board,

(c) co-ordinates its activities with another board,

(d) exercises another board's functions on its behalf, or

(e) provides staff, goods, services or accommodation to another board.

Commencement Information

I2 S. 48 in force at 1.4.2016 by S.I. 2016/86, art. 3

49 Directions to merge [F4 , demerge] or collaborate E+W

(1) Before giving a direction under section 47(2) or [F5 (8) or section] 48(2) the Welsh Ministers must consult each member of the public services [F6 board or] boards they intend to direct.

(2) When giving such a direction the Welsh Ministers must publish a statement containing their reasons for giving it.

[F7 (3) The Welsh Ministers may vary or revoke such a direction.]

Textual Amendments

F4 Word in s. 49 heading inserted (20.3.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(3)(q), Sch. 14 para. 1(6)(c)

F5 Words in s. 49(1) inserted (20.3.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(3)(q), Sch. 14 para. 1(6)(a)(i)

F6 Words in s. 49(1) inserted (20.3.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(3)(q), Sch. 14 para. 1(6)(a)(ii)

F7 S. 49(3) inserted (20.3.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(3)(q), Sch. 14 para. 1(6)(b)

Commencement Information

I3 S. 49 in force at 1.4.2016 by S.I. 2016/86, art. 3

50 Performance indicators and standards E+W

(1) The Welsh Ministers may by regulations set indicators and standards by reference to which public services boards' performance in exercising functions can be measured.

(2) Before making regulations under subsection (1), the Welsh Ministers must consult—

(a) the members of the boards or persons appearing to the Welsh Ministers to represent those members;

(b) any other persons the Welsh Ministers consider appropriate.

Commencement Information

I4 S. 50 partly in force; s. 50 in force for specified purposes at 30.4.2015, see s. 56(1)(b)

I5 S. 50 in force at 1.4.2016 by S.I. 2016/86, art. 3

51 Guidance E+W

(1) The Welsh Ministers must issue guidance to public services boards about the exercise of functions under this Part.

(2) In exercising a function under this Part, a public services board must take such guidance into account.

Commencement Information

I6 S. 51 in force at 16.10.2015 by S.I. 2015/1785, art. 2(m)