Version Superseded: 01/11/2021
Point in time view as at 01/04/2021.
Well-being of Future Generations (Wales) Act 2015, SCHEDULE 4 is up to date with all changes known to be in force on or before 12 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(as introduced by section 46)
1E+WIn section 38(2A)(b) of the Education Act 1997, for the words “sections 25 and 26” substitute “ section 25 ”.
Commencement Information
I1Sch. 4 para. 1 in force at 1.4.2016 by S.I. 2016/86, art. 3
2E+WThe Local Government Act 2000 is amended as follows.
Commencement Information
I2Sch. 4 para. 2 in force at 1.4.2016 by S.I. 2016/86, art. 3
3E+WIn section 2 (promotion of well-being), in subsection (3B), for the words from “community strategy” to the end of the subsection substitute “ local well-being plan for its area published under section 39 or 44(5) of the Well-being of Future Generations (Wales) Act 2015 (anaw 2). ”
Commencement Information
I3Sch. 4 para. 3 in force at 1.4.2016 by S.I. 2016/86, art. 3
4E+WFor subsection (3C) of that section substitute—
“(3C)The local well-being plan for the area of a community council is the plan referred to in subsection (3B) that is published by the public services board that includes as a member the county council or county borough council in whose area lies the community or communities for which the community council is established.”.
Commencement Information
I4Sch. 4 para. 4 in force at 1.4.2016 by S.I. 2016/86, art. 3
5E+WIn section 21 (overview and scrutiny committees), in subsection (4), at the end insert “ or Part 4 of the Well-being of Future Generations (Wales) Act 2015 (anaw 2) ”.
Commencement Information
I5Sch. 4 para. 5 in force at 1.4.2016 by S.I. 2016/86, art. 3
6E+WIn section 21B of that Act (duty of authority to respond to overview and scrutiny committee), after subsection (1) insert—
“(1A)A report or recommendation to a public services board by virtue of section 35(1)(c) of the Well-being of Future Generations (Wales) Act 2015 (anaw 2) is not to be regarded for the purposes of this section as a report or recommendation to the local authority that is a member of the board.”.
Commencement Information
I6Sch. 4 para. 6 in force at 1.4.2016 by S.I. 2016/86, art. 3
7E+WIn section 21(9) of the Education Act 2002 (general responsibility for conduct of school: definition of “relevant children and young person's plan”), for paragraph (b) substitute—
“(b)in relation to a school in Wales, a local well-being plan published under section 39 or 44(5) of the Well-being of Future Generations (Wales) Act 2015 (anaw 2) by a public services board of which the local authority is a member.”.
Commencement Information
I7Sch. 4 para. 7 in force at 1.4.2016 by S.I. 2016/86, art. 3
8E+WSection 62 of the Planning and Compulsory Purchase Act 2004 (local development plan) is amended as follows.
Commencement Information
I8Sch. 4 para. 8 in force at 1.4.2016 by S.I. 2016/86, art. 3
9E+WIn subsection (5)(d), for “community strategy” substitute “ local well-being plan ”.
Commencement Information
I9Sch. 4 para. 9 in force at 1.4.2016 by S.I. 2016/86, art. 3
10E+WFor subsection (7) substitute—
“(7)A local well-being plan is relevant if it has been published under section 39 or 44(5) of the Well-being of Future Generations (Wales) Act 2015 (anaw 2) by—
(a)in the case of an authority which is a county council or county borough council, the public services board of which that authority is a member;
(b)in the case of an authority which is a National Park Authority, the public services board for an area that includes any part of that authority's area.”.
Commencement Information
I10Sch. 4 para. 10 in force at 1.4.2016 by S.I. 2016/86, art. 3
11E+WThe Children Act 2004 is amended as follows.
Commencement Information
I11Sch. 4 para. 11 in force at 1.4.2016 by S.I. 2016/86, art. 3
12E+WIn section 25 (co-operation to improve well-being: Wales), after subsection (9) insert—
“(9A)Information about the arrangements a local authority in Wales makes under this section may be included in the local well-being plan published under section 39 or 44(5) of the Well-being of Future Generations (Wales) Act 2015 (anaw 2) by the public services board of which the local authority is a member.”.
Commencement Information
I12Sch. 4 para. 12 in force at 1.4.2016 by S.I. 2016/86, art. 3
13E+WSection 26 (children and young people's plans: Wales) is repealed.
Commencement Information
I13Sch. 4 para. 13 in force at 1.4.2016 by S.I. 2016/86, art. 3
14E+WIn section 27—
(a)in subsection (1)(a), for the words “sections 25 and 26” substitute “ section 25 ”;
(b)in subsection (1)(b), for “those sections” substitute “ that section ”;
(c)the section heading becomes “ Responsibility for functions under section 25 ”.
Commencement Information
I14Sch. 4 para. 14 in force at 1.4.2016 by S.I. 2016/86, art. 3
15E+WIn section 30(2)(a) (inspection of functions under Part 3), the words “or 26” are repealed.
Commencement Information
I15Sch. 4 para. 15 in force at 1.4.2016 by S.I. 2016/86, art. 3
16E+WIn section 50A(2)(c) (intervention - Wales), the words “, 26” are repealed.
Commencement Information
I16Sch. 4 para. 16 in force at 1.4.2016 by S.I. 2016/86, art. 3
17E+WSection 66(7) (procedure for regulations under section 26) is repealed.
Commencement Information
I17Sch. 4 para. 17 in force at 1.4.2016 by S.I. 2016/86, art. 3
18E+WIn paragraph 35(4) of Schedule 11 to the Government of Wales Act 2006 (procedures relating to certain pre-commencement powers to make subordinate legislation), in Table 2 the entries relating to sections 26(2)(f) and (4) of the Children Act 2004 are repealed.
Commencement Information
I18Sch. 4 para. 18 in force at 1.4.2016 by S.I. 2016/86, art. 3
19E+WSection 40 of the National Health Service (Wales) Act 2006 (health and well-being strategies in Wales) is repealed.
Commencement Information
I19Sch. 4 para. 19 in force at 1.4.2016 by S.I. 2016/86, art. 3
20E+WThe Local Government (Wales) Measure 2009 is amended as follows.
Commencement Information
I20Sch. 4 para. 20 in force at 1.4.2016 by S.I. 2016/86, art. 3
21E+WPart 2 (Community strategies and planning) is repealed.
Commencement Information
I21Sch. 4 para. 21 in force at 1.4.2016 by S.I. 2016/86, art. 3
22E+WSections 48(2)(b), 50(5)(c) and 51(3) are repealed.
Commencement Information
I22Sch. 4 para. 22 in force at 1.4.2016 by S.I. 2016/86, art. 3
23E+WSchedule 3 is repealed.
Commencement Information
I23Sch. 4 para. 23 in force at 1.4.2016 by S.I. 2016/86, art. 3
24E+WThe Children and Families (Wales) Measure 2010 is amended as follows.
Commencement Information
I24Sch. 4 para. 24 in force at 1.4.2016 by S.I. 2016/86, art. 3
25E+WIn section 2(8), the words “and section 26 of the Children Act 2004 (c. 31)” are repealed.
Commencement Information
I25Sch. 4 para. 25 in force at 1.4.2016 by S.I. 2016/86, art. 3
26E+WIn section 4 (strategies prepared by local authorities)—
(a)in subsection (1), for the words “by the authority of a plan under section 26 of the Children Act 2004 (c. 31)” substitute “ of a local well-being plan under section 39 or 44(5) of the Well-being of Future Generations (Wales) Act 2015 (anaw 2) by the public services board of which the authority is a member, but only if the authority's strategy is an integral part of that plan ”; and
(b)subsections (2) and (3) are repealed.
Commencement Information
I26Sch. 4 para. 26 in force at 1.4.2016 by S.I. 2016/86, art. 3
27E+WIn section 5 (strategies prepared by other Welsh authorities)—
(a)subsection (4) is repealed; and
(b)in subsection (5), for the words from “plan” to the end of the subsection substitute “ local well-being plan published under section 39 or 44(5) of the Well-being of Future Generations (Wales) Act 2015 (anaw 2) by each public services board for a local authority area in which the Welsh authority exercises functions. ”.
Commencement Information
I27Sch. 4 para. 27 in force at 1.4.2016 by S.I. 2016/86, art. 3
28E+WThe Mental Health (Wales) Measure 2010 is amended as follows.
Commencement Information
I28Sch. 4 para. 28 in force at 1.4.2016 by S.I. 2016/86, art. 3
29E+WIn section 2 (joint schemes for the provision of local primary mental health support services), after subsection (2) insert—
“(2A)A scheme may be recorded by including it within a local well-being plan published under section 39 or 44(5) of the Well-being of Future Generations (Wales) Act 2015 (anaw 2) by a public services board of which each of the partners is a member.”.
Commencement Information
I29Sch. 4 para. 29 in force at 1.4.2016 by S.I. 2016/86, art. 3
30E+WSection 11 (amendment of the Children Act 2004) is repealed.
Commencement Information
I30Sch. 4 para. 30 in force at 1.4.2016 by S.I. 2016/86, art. 3
31E+WSection 128 of the Local Government Wales Measure 2011 (transitional provision relating to community councils' powers to promote well-being) is repealed.
Commencement Information
I31Sch. 4 para. 31 in force at 1.4.2016 by S.I. 2016/86, art. 3
32E+WIn section 23 of the Public Audit (Wales) Act 2013 (general provision about fees), after subsection (3)(c) insert—
“(ca)an examination under section 15 of the Well-being of Future Generations (Wales) Act 2015 (anaw 2) (examinations of public bodies for the purposes of assessing the extent to which a body has acted in accordance with the sustainable development principle);”.
Commencement Information
I32Sch. 4 para. 32 in force at 1.4.2016 by S.I. 2016/86, art. 3
33E+WIn section 14 of the Social Services and Well-being (Wales) Act 2014 (assessment of needs for care and support, support for carers and preventative services) subsections (3) and (4) are repealed.
Commencement Information
I33Sch. 4 para. 33 in force at 1.4.2016 by S.I. 2016/86, art. 3
34E+WAfter that section insert—
(1)In this section, “relevant body” means a local authority or Local Health Board which has carried out a joint assessment under section 14(1).
(2)Each relevant body must prepare and publish a plan setting out—
(a)the range and level of services the body proposes to provide, or arrange to be provided, in response to the assessment of needs under paragraphs (a) to (c) of section 14(1);
(b)in the case of a local authority, the range and level of services the authority proposes to provide, or arrange to be provided, in seeking to achieve the purposes in section 15(2) (preventative services);
(c)in the case of a Local Health Board, anything the Board proposes to do in connection with its duty under section 15(5) (Local Health Boards to have regard to the importance of preventative action when exercising functions);
(d)how the services set out in the plan are to be provided, including the actions the body proposes to take to provide, or arrange to provide, the services through the medium of Welsh;
(e)any other action the body proposes to take in response to the assessment under section 14(1);
(f)the details of anything the body proposes to do in response to the assessment jointly with another relevant body;
(g)the resources to be deployed in doing the things set out in the plan.
(3)A relevant body's plan may be published by including it within a local well-being plan published under section 39 or 44(5) of the Well-being of Future Generations (Wales) Act 2015 (the “2015 Act”) by a public services board of which the body is a member.
(4)A local authority and a Local Health Board who have carried out a joint assessment together under section 14(1) may jointly prepare and publish a plan under subsection (2).
(5)Two or more local authorities may jointly prepare and publish a plan under subsection (2); but such a joint plan may be published by including it within a local well-being plan only if each local authority is a member of the public services board (see sections 47 and 49 of the 2015 Act (merging of public services boards)).
(6)A relevant body must submit to the Welsh Ministers—
(a)any part of a plan it has prepared under subsection (2) which relates to the health and well-being of carers;
(b)any other part of such a plan as may be specified by regulations.
(7)Regulations may make provision about plans prepared and published under subsection (2), including provision—
(a)specifying when a plan is to be published;
(b)about reviewing a plan;
(c)about consulting persons when preparing or reviewing a plan;
(d)about the monitoring and evaluation of services and other action set out in a plan.”.
Commencement Information
I34Sch. 4 para. 34 in force at 6.4.2016 by S.I. 2016/86, art. 4
35E+WIn section 5 of the Violence against Women, Domestic Abuse and Sexual Violence (Wales) Act 2015 (publication and review of local strategies), after subsection (5) insert—
“(5A)A local strategy or revised strategy may be published by including it within a local well-being plan published under section 39 or 44(5) of the Well-being of Future Generations (Wales) Act 2015 (anaw 2) by a public services board of which both the local authority and the Local Health Board is a member.”.
Commencement Information
I35Sch. 4 para. 35 in force at 1.4.2016 by S.I. 2016/86, art. 3
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