Well-being of Future Generations (Wales) Act 2015

PART 5 E+W FINAL PROVISIONS

52 Meaning of “public body”: further provision E+W

(1) The Welsh Ministers may, by regulations, amend section 6(1) by—

(a) adding a person,

(b) removing a person, or

(c) amending the description of a person.

(2) But the regulations may amend section 6(1) by adding a person only if that person exercises functions of a public nature.

(3) If the regulations amend section 6(1) so as to add a person who has functions of a public nature and other functions, Parts 1 to 3 apply to that person only in relation to those of the person's functions that are of a public nature.

(4) Before making regulations that amend section 6(1), the Welsh Ministers must consult—

(a) the Commissioner;

(b) such other persons as the Welsh Ministers consider appropriate;

(c) if the regulations amend section 6(1) so as to add a person, that person.

Commencement Information

I1 S. 52 partly in force; s. 52 in force for specified purposes at 30.4.2015, see s. 56(1)(b)

I2 S. 52 in force at 16.10.2015 by S.I. 2015/1785, art. 2(n)

53 Power to make consequential etc. provision E+W

(1) The Welsh Ministers may by regulations make consequential, incidental, supplemental, transitional or saving provision for the purposes of, or in connection with, giving full effect to a provision of this Act.

(2) The regulations may (among other things) amend, repeal or revoke an enactment contained in or in an instrument made under—

(a) an Act of Parliament;

(b) a Measure or Act of the National Assembly (including this Act).

(3) The reference in subsection (2) to an enactment includes a reference to an enactment passed or made after the passing of this Act.

(4) The power conferred by this section is not restricted by any other provision of this Act.

54 Regulations E+W

(1) A power to make regulations under this Act includes—

(a) power to make different provision for different purposes or areas;

(b) power to make such incidental, consequential, transitional or supplemental provision as the Welsh Ministers consider appropriate.

(2) Any power of the Welsh Ministers to make regulations under this Act is exercisable by statutory instrument.

(3) A statutory instrument containing provision such as is mentioned in subsection (1)(b) may, in the case of regulations under section 33(1), 40(3) or 52(1), contain provision amending an enactment contained in or an instrument made under—

(a) an Act of Parliament;

(b) a Measure or Act of the National Assembly (including this Act).

(4) A statutory instrument containing any of the following (whether alone or with any other provision)—

(a) regulations under section 40(3) or 52(1),

(b) regulations under section 33(1) that amend section 29(2) or 30(1), or

(c) regulations under section 53 that amend or repeal a provision of an Act of Parliament or of a Measure or Act of the National Assembly,

may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly.

(5) Any other statutory instrument containing regulations under this Act is subject to annulment in pursuance of a resolution of the National Assembly.

(6) The reference in subsection (3) to an enactment includes a reference to an enactment passed or made after the passing of this Act.

55 Interpretation E+W

(1) In this Act—

• “the advisory panel” (“y panel cynghori”) means the panel of advisers established under section 26;

• “the Commissioner” (“y Comisiynydd”) means the Future Generations Commissioner for Wales;

• [F1 “corporate joint committee” (“cyd-bwyllgor corfforedig”) means a corporate joint committee established by regulations made under Part 5 of the Local Government and Elections (Wales) Act 2021;]

• “financial year” (“blwyddyn ariannol”) means the period of 12 months ending with 31 March;

• “future trends report” (“adroddiad tueddiadau tebygol y dyfodol”) has the meaning given by section 11;

• “invited participant” (“cyfranogwr gwadd”) has the meaning given by section 30(5);

• “local authority” (“awdurdod lleol”) means a county council or county borough council in Wales;

• “Local Health Board” (“Bwrdd Iechyd Lleol”) means a Local Health Board established under section 11 of the National Health Service (Wales) Act 2006 (c.42);

• “local objectives” (“amcanion lleol”) means objectives set by a public services board in accordance with section 36(2)(b);

• “local well-being plan” (“cynllun llesiant lleol”) means a plan published under section 39 [F2 , 44(5) or 47(6) or (11)];

• “National Assembly” (“Cynulliad Cenedlaethol”) means the National Assembly for Wales;

• “national indicators” (“dangosyddion cenedlaethol”) has the meaning given by section 10(1)(a);

• “other partners” (“partneriaid eraill”), in relation to a public services board, means the bodies mentioned in section 32(1);

• “overview and scrutiny committee” (“pwyllgor trosolwg a chraffu”) is to be construed in accordance with section 35(4);

• “police area” (“ardal heddlu”) means an area listed under the heading “Wales” in Schedule 1 to the Police Act 1996 (c.16) (police areas outside London);

• “Public Accounts Committee of the National Assembly” (“Pwyllgor Cyfrifon Cyhoeddus y Cynulliad Cenedlaethol”) means the committee referred to as the “Audit Committee” in section 30 of the Government of Wales Act 2006 (c.32);

• “public body” (“corff cyhoeddus”) has the meaning given by sections 6 and 52;

• “public services board” (“bwrdd gwasanaethau cyhoeddus”) has the meaning given by sections 29 and 47(4)(a);

• “sustainable development” (“datblygu cynaliadwy”) has the meaning given by section 2;

• “sustainable development principle” (“egwyddor datblygu cynaliadwy”) has the meaning given by section 5;

• “trade union” (“undeb llafur”) has the meaning given by section 1 of the Trade Union and Labour Relations (Consolidation) Act 1992 (c.52);

• “well-being goals” (“nodau llesiant”) means the goals specified in section 4;

• “well-being objectives” (“amcanion llesiant”) means objectives published under section 7 or revised and published as revised under section 8 or 9;

• “Welsh fire and rescue authority” (“awdurdod tân ac achub”) means the authority in Wales constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 (c. 21) or a scheme to which section 4 of that Act applies.

(2) In Part 4 of this Act a “relevant voluntary organisation” means a body (other than a body that exercises functions of a public nature) whose activities—

(a) are carried on otherwise than for profit, and

(b) directly or indirectly benefit the whole or any part of a public services board's area.

(3) A registered social landlord (within the meaning of Part 1 of the Housing Act 1996) that provides housing in the local authority area is a relevant voluntary organisation for the purposes of Part 4 of this Act.

Textual Amendments

F1 Words in s. 55(1) inserted (3.12.2021) by The Corporate Joint Committees (Amendment of the Well-being of Future Generations (Wales) Act 2015) Regulations 2021 (S.I. 2021/1360), regs. 1(2), 2(5)

F2 Words in s. 55 substituted (20.3.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(3)(q), Sch. 14 para. 1(7)

56 Commencement E+W

(1) The following provisions of this Act come into force on the day after the day on which this Act receives Royal Assent—

(a) sections 53 to 55, this section and section 57;

(b) any other provision so far as is necessary for enabling the exercise after the day on which this Act receives Royal Assent of any power to make regulations under the Act.

(2) The other provisions of this Act come into force on such day as the Welsh Ministers may by order appoint.

(3) An order under subsection (2)—

(a) may appoint different days for different purposes or areas;

(b) may include transitional or saving provision.

(4) The power of the Welsh Ministers to make an order under subsection (2) is exercisable by statutory instrument.

57 Short title E+W

The short title of this Act is the Well-being of Future Generations (Wales) Act 2015.