Citation, commencement and interpretation1

1

The title of these Regulations is the National Assembly for Wales (Social Services Explanations) Regulations 2005 and they shall come into force on 1 July 2005.

2

In these Regulations—

  • “the Act” (“y Ddeddf”) means the Health and Social Care (Community Health and Standards) Act 2003;

  • “the Assembly” (“y Cynulliad”) means the National Assembly for Wales;

  • “employee” (“cyflogai”) in relation to a service provider, includes a member or trustee; and

  • “service provider” (“darparydd gwasanaeth”) means a person other than a local authority who provides, has provided or has agreed to provide a Welsh local authority social service.

3

In these Regulations a reference to a numbered paragraph is to the paragraph bearing that number in regulation 2 below.

Power to require explanations2

1

The Assembly may in accordance with paragraph (2) require any person prescribed in paragraph (3) to provide to it, or to a person authorised by it, an explanation of any of the following—

a

any documents, records or items inspected, copied or produced under sections 98 to 100 of the Act;

b

any information provided under those sections;

c

any matters which are the subject of the exercise of any functions of the Assembly under Chapter 6 of Part 2 of the Act,

in cases where the Assembly considers the explanation necessary or expedient for the purposes of that Chapter.

2

A requirement under paragraph (1) must be given in a written notice which must also—

a

set out the why the explanation is required;

b

specify whether the explanation is to be provided in person or in writing (save that where the person required to provide the explanation is a body of persons corporate or unincorporate, the explanation must be required in writing); and

c

where the explanation is to be provided in person, specify, and give reasonable notice of, the time and place at which it is to be provided.

3

The prescribed persons are—

a

a local authority;

b

a member or former member of a local authority;

c

an elected mayor or former elected mayor of a local authority, within the meaning of section 39(1) of the Local Government Act 20002;

d

an officer or former officer of a local authority;

e

a service provider;

f

an employee or former employee of a service provider or any other person who is assisting or has assisted that provider in the provision of a Welsh local authority social service;

g

a person (other than one listed in any of sub-paragraphs (b) to (f)) who is assisting or has assisted a local authority in the provision of a Welsh local authority social service.

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 19983

D. Elis-ThomasThe Presiding Officer of the National Assembly