The National Assembly for Wales (Legislative Competence) (Social Welfare) Order 2009

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends Schedule 5 to the Government of Wales Act 2006 (“the 2006 Act”). The Order extends the legislative competence of the National Assembly for Wales to make laws known as Measures of the National Assembly for Wales (referred to in the 2006 Act as “Assembly Measures”). The legislative competence conferred by this Order is subject to general limitations on the exercise of that legislative competence, which apply by virtue of section 94 of, and Schedule 5 to, the 2006 Act.

The amendments made by this Order relate to field 15 (social welfare) of Part 1 of Schedule 5 to the 2006 Act.

Article 2(2) amends matter 15.1 to allow the National Assembly for Wales to make provision by Measure about payments in respect of individuals with needs relating to their well being so that any person may secure social care services on their behalf. Matter 15.1 as originally enacted allows provision about payments to secure social care services only if they are made to the person with those needs or a person looking after them.

Article 2(3) inserts matter 15.9. The matter is about supporting the provision of care by carers and promoting the well-being of carers.

Article 3 applies exceptions to the new matter 15.9 by amending the table of social welfare related exceptions in Part 1 of Schedule 5 to the 2006 Act.

A full regulatory impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.