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