http://www.legislation.gov.uk/id/ukpga/2000/14

Introductory

F101

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

Status

F11The 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 F12the Council's property is to not to be regarded as property of, or property held on behalf of, the Crown.

General powers

I23

1

Subject to any directions given by F13the 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

I34

It is the duty of F14the Welsh Council to carry out its functions effectively, efficiently and economically.

Membership

I45

F15The Welsh Council is to consist of a chairman and other members appointed by F16the Welsh Ministers .

Appointment, procedure etc.

I56

F69The Welsh Ministers may by regulations make provision as to—

a

the appointment of the chairman and other members of F70the 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 F71the 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 F71the Council (including committees and sub-committees which consist of or include persons who are not members of F72the Council); and

d

the procedure of F71the Council and any committees or sub-committees of F71the Council (including the validation of proceedings in the event of vacancies or defects in appointment).

Remuneration and allowances

I67

1

F17The Welsh Council may pay to its chairman, to any other member of F18the Council and to any member of a committee or sub-committee who is not a member of F18the Council, such remuneration and allowances as F19the Welsh Ministers may determine.

2

If F20the Welsh Ministers so determine, F21the Council must pay or make provision for the payment of such pension, allowance or gratuities as F22the Welsh Ministers may determine to or in respect of a person who is or has been the chairman or any other member of F21the Council.

3

If F23the Welsh Ministers determine that there are special circumstances that make it right for a person ceasing to hold office as chairman of F24the Council to receive compensation, F25the Council must pay to him or make provision for the payment to him of such compensation as F26the Welsh Ministers may determine.

Chief officer

I78

1

There is to be a chief officer of F27the Welsh Council who is to be a member of the staff of F28the Council and is to be responsible to F28the Council for the general exercise of its functions.

2

The first chief officer is to be appointed by F29the Welsh Ministers on such terms and conditions as F29the Welsh Ministers may determine.

3

Any subsequent chief officer is to be appointed by F30the Council .

4

An appointment under sub-paragraph (3) requires the approval of F31the Welsh Ministers .

Regional directors

9

F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Children’s rights director

10

F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Director of private and voluntary health care

11

F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Staff

I812

1

F32The Welsh Council may appoint such other staff as it considers appropriate.

2

Subject to sub-paragraph (4), staff appointed by F33the Council are to be appointed on such terms and conditions as F34the Council may determine.

3

Without prejudice to its powers apart from this paragraph, F35the 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 F36Welsh Ministers may give directions as to—

a

the appointment of staff by F37the Council (including any conditions to be fulfilled for appointment);

b

their terms and conditions; and

c

any other provision that may be made by F38the 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

I913

1

F39The Welsh Council may arrange for the discharge of any of its functions by a committee, sub-committee, member or member of staff of F40the Council .

2

F41The Council may make arrangements with persons under which they, or members of their staff, may perform functions of members of the staff of F42the Council .

Arrangements for the use of staff

I1014

F43The Welsh Ministers may by regulations provide for arrangements under which—

a

members of staff of F44the 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 F45the Council for the purpose of discharging, or assisting in the discharge of, any functions of F45the Council .

Training

15

F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Payments to authorities

I1116

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

F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Accounts

I1218

1

F49The Welsh Council must keep accounts in such form as F50the Welsh Ministers may determine.

2

F51The Council must prepare annual accounts in respect of each financial year in such form as F52the Welsh Ministers may determine.

3

F53The Council must send copies of the annual accounts to F54the Welsh Ministers and F55the Auditor General for Wales within such period after the end of the financial year to which the accounts relate as F54the Welsh Ministers may determine.

4

F56The 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 F57the Assembly .

5

In this paragraph and paragraph 19 “financial year”, in relation to F58the Council , means—

a

the period beginning with the date on which F59the 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

I1319

1

As soon as possible after the end of each financial year, F60the Welsh Council must make a report to F61the Welsh Ministers on the exercise of its functions during the year.

2

F62The Council must provide F63the Welsh Ministers with such reports and information relating to the exercise of its functions as F64they may from time to time require.

3

A report made under sub-paragraph (1) must be published in a manner which F65the Council considers appropriate.

Application of seal and evidence

I1420

The application of the seal of F66the Welsh Council must be authenticated by the signature—

a

of any member of F67the Council ; or

b

of any other person who has been authorised by F67the Council (whether generally or specifically) for that purpose.

I1521

A document purporting to be duly executed under the seal of F68the 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

I1622

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.”

I1723

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;

I1824

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.”

I1925

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.”

I2026

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.

I2127

In the M6Government of Wales Act 1998—

a

F6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

F7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

d

F8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULES

SCHEDULE 1F9The Welsh Council