SCHEDULES

SCHEDULE 1F1The Welsh Council

Sections 6, 54 and 66.

Introductory

F21

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Status

2

F3The Welsh Council is not to be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown; and F4the Council's property is to not to be regarded as property of, or property held on behalf of, the Crown.

General powers

3

(1)

Subject to any directions given by F5the Welsh Ministers, the Welsh Council may do anything which appears to it to be necessary or expedient for the purpose of, or in connection with, the exercise of its functions.

(2)

That includes, in particular—

(a)

co-operating with other public authorities in the United Kingdom;

(b)

acquiring and disposing of land and other property; and

(c)

entering into contracts.

General duty

4

It is the duty of F6the Welsh Council to carry out its functions effectively, efficiently and economically.

Membership

5

F7The Welsh Council is to consist of a chairman and other members appointed by F8the Welsh Ministers .

Appointment, procedure etc.

6

F9The Welsh Ministers may by regulations make provision as to—

(a)

the appointment of the chairman and other members of F10the Welsh Council (including the number, or limits on the number, of members who may be appointed and any conditions to be fulfilled for appointment);

(b)

the tenure of office of the chairman and other members of F11the Council (including the circumstances in which they cease to hold office or may be removed or suspended from office);

(c)

the appointment of, constitution of and exercise of functions by committees and sub-committees of F11the Council (including committees and sub-committees which consist of or include persons who are not members of F12the Council); and

(d)

the procedure of F11the Council and any committees or sub-committees of F11the Council (including the validation of proceedings in the event of vacancies or defects in appointment).

Remuneration and allowances

7

(1)

F13The Welsh Council may pay to its chairman, to any other member of F14the Council and to any member of a committee or sub-committee who is not a member of F14the Council, such remuneration and allowances as F15the Welsh Ministers may determine.

(2)

If F16the Welsh Ministers so determine, F17the Council must pay or make provision for the payment of such pension, allowance or gratuities as F18the Welsh Ministers may determine to or in respect of a person who is or has been the chairman or any other member of F17the Council.

(3)

If F19the Welsh Ministers determine that there are special circumstances that make it right for a person ceasing to hold office as chairman of F20the Council to receive compensation, F21the Council must pay to him or make provision for the payment to him of such compensation as F22the Welsh Ministers may determine.

Chief officer

8

(1)

There is to be a chief officer of F23the Welsh Council who is to be a member of the staff of F24the Council and is to be responsible to F24the Council for the general exercise of its functions.

(2)

The first chief officer is to be appointed by F25the Welsh Ministers on such terms and conditions as F25the Welsh Ministers may determine.

(3)

Any subsequent chief officer is to be appointed by F26the Council .

(4)

An appointment under sub-paragraph (3) requires the approval of F27the Welsh Ministers .

Regional directors

9

F28. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Children’s rights director

10

F29. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Director of private and voluntary health care

11

F30. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Staff

12

(1)

F31The Welsh Council may appoint such other staff as it considers appropriate.

(2)

Subject to sub-paragraph (4), staff appointed by F32the Council are to be appointed on such terms and conditions as F33the Council may determine.

(3)

Without prejudice to its powers apart from this paragraph, F34the Council may pay, or make provision for the payment of—

(a)

pensions, allowances or gratuities;

(b)

compensation for loss of employment or for reduction of remuneration,

to or in respect of staff appointed by them.

(4)

The F35Welsh Ministers may give directions as to—

(a)

the appointment of staff by F36the Council (including any conditions to be fulfilled for appointment);

(b)

their terms and conditions; and

(c)

any other provision that may be made by F37the Council under sub-paragraph (3).

(5)

Sub-paragraphs (3) and (4)(c) apply to the first chief officer as they apply to other staff.

(6)

Different directions may be given under sub-paragraph (4) in relation to different categories of staff.

Delegation of functions

13

(1)

F38The Welsh Council may arrange for the discharge of any of its functions by a committee, sub-committee, member or member of staff of F39the Council .

(2)

F40The Council may make arrangements with persons under which they, or members of their staff, may perform functions of members of the staff of F41the Council .

Arrangements for the use of staff

14

F42The Welsh Ministers may by regulations provide for arrangements under which—

(a)

members of staff of F43the Welsh Council are placed at the disposal of a prescribed person for the purpose of discharging, or assisting in the discharge of, prescribed functions of that person; or

(b)

members of staff of a prescribed person are placed at the disposal of F44the Council for the purpose of discharging, or assisting in the discharge of, any functions of F44the Council .

Training

15

F45. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Payments to authorities

16

F46The Welsh Ministers may make payments to F47the Welsh Council of such amounts, at such times and on such conditions (if any) as F48they consider appropriate.

Fees

17

F49. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Accounts

18

(1)

F50The Welsh Council must keep accounts in such form as F51the Welsh Ministers may determine.

(2)

F52The Council must prepare annual accounts in respect of each financial year in such form as F53the Welsh Ministers may determine.

(3)

F54The Council must send copies of the annual accounts to F55the Welsh Ministers and F56the Auditor General for Wales within such period after the end of the financial year to which the accounts relate as F55the Welsh Ministers may determine.

(4)

F57The Auditor General for Wales must examine, certify and report on the annual accounts and must lay copies of the accounts and of his report before F58the Assembly .

(5)

In this paragraph and paragraph 19 “financial year”, in relation to F59the Council , means—

(a)

the period beginning with the date on which F60the Council is established and ending with the next 31st March following that date; and

(b)

each successive period of twelve months ending with 31st March.

Reports and other information

19

(1)

As soon as possible after the end of each financial year, F61the Welsh Council must make a report to F62the Welsh Ministers on the exercise of its functions during the year.

(2)

F63The Council must provide F64the Welsh Ministers with such reports and information relating to the exercise of its functions as F65they may from time to time require.

(3)

A report made under sub-paragraph (1) must be published in a manner which F66the Council considers appropriate.

Application of seal and evidence

20

The application of the seal of F67the Welsh Council must be authenticated by the signature—

(a)

of any member of F68the Council ; or

(b)

of any other person who has been authorised by F68the Council (whether generally or specifically) for that purpose.

21

A document purporting to be duly executed under the seal of F69the Welsh Council or to be signed on its behalf is to be received in evidence and, unless the contrary is proved, taken to be so executed or signed.

General

22

In Schedule 1 to the M1Public Records Act 1958 (definition of public records), the following entries shall be inserted at the appropriate places in Part II of the Table at the end of paragraph 3—

““Care Council for Wales.”

“General Social Care Council.”

“National Care Standards Commission.””

23

In the Schedule to the M2Public Bodies (Admission to Meetings) Act 1960 (bodies to which the Act applies), after paragraph (bc) of paragraph 1 there shall be inserted—

“(bd)

the Care Council for Wales;

(be)

the General Social Care Council;

(bf)

the National Care Standards Commission;”.

24

In the M3Parliamentary Commissioner Act 1967, in Schedule 2 (departments and authorities subject to investigation), the following entries shall be inserted at the appropriate places—

““General Social Care Council.””

““National Care Standards Commission.””

25

In the M4House of Commons Disqualification Act 1975, in Part II of Schedule 1 (bodies of which all members are disqualified), the following entries shall be inserted at the appropriate places—

““The Care Council for Wales.””

““The General Social Care Council.””

““The National Care Standards Commission.””

26

In the M5Northern Ireland Assembly Disqualification Act 1975, the same entries as are set out in paragraph 25 are inserted at the appropriate places in Part II of Schedule 1.

27

In the M6Government of Wales Act 1998—

(a)

F70. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)

in Schedule 4 (public bodies subject to reform by Assembly), after paragraph 3 there shall be inserted—

“3A

The Care Council for Wales.”

(c)

F71. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)

F72. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .