3Review of discharge of functionsE+W
(1)For the purpose of safeguarding and promoting the interests of older people in Wales, the Commissioner may review the effect on them of—
(a)the discharge or proposed discharge of a function of the [F1Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government]F1, including the making or proposed making of subordinate legislation;
(b)a failure by the [F1Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government]F1 to discharge a function;
(c)the discharge or proposed discharge in relation to Wales of a relevant function of a person mentioned in Schedule 2;
(d)a failure by such a person to discharge a relevant function in relation to Wales.
(2)A relevant function is—
(a)in the case of a person who is a family health service provider in Wales, a function dischargeable in relation to the provision of any of the family health services which the person has entered into a contract, undertaken, or made arrangements, to provide;
(b)in the case of a person who is an independent provider in Wales, a function dischargeable in relation to the provision of any of the independently provided services which the person has made arrangements to provide;
(c)in the case of any other person mentioned in Schedule 2, any function of the person.
(3)“Subordinate legislation” has the same meaning as in the Interpretation Act 1978 (c. 30).
(4)The references in subsection (1) to the discharge of a function, or a failure to do so, include the discharge of a function, or a failure to do so, at a time before this section comes into force.
Textual Amendments
F1Words in s. 3(1)(a)(b) substituted (the amendment coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) in accordance with art. 1(2)(3) of the amending S.I. and see ss. 46, 161(5) of Government of Wales Act 2006 (c. 32)) by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), arts. 1(2)(3), 3, Sch. 1 para. 126