The Commissioner for Older People in Wales (Appointment) Regulations 2007

Explanatory Note

(This note is not part of the Regulations)

These Regulations make provision for the appointment of the Commissioner for Older People in Wales whose office is established under the Commissioner for Older People (Wales) Act 2006.

The Regulations make alternative provision for the appointment and removal of the Commissioner depending on when the appointment or removal occurs. The Regulations take account of changes to be brought into effect under the recently enacted Government of Wales Act 2006 and seek to ensure that these changes will not unduly delay or disrupt the appointment of the Commissioner.

In particular the Regulations provide that the Commissioner may be appointed by the Assembly First Secretary, as defined in the Government of Wales Act 1998, if the appointment is made before a new First Minister for Wales is appointed under the Government of Wales Act 2006.

An appointment during this period may only be made following advice from any committee of the Assembly which has been established for the purpose of providing advice and determining matters relating to the appointment and after candidates are interviewed as to their suitability for appointment by a selection panel. The First Secretary is also under a duty to take account of the views of older people resident in Wales as to the proposed appointment.

Following the appointment of a new First Minister for Wales under the Government of Wales Act 2006 the Commissioner may be appointed by the First Minister for Wales. In appointing the Commissioner the First Minister for Wales must take into account the advice of any selection panel established for the purposes of the appointment and the views of selected older people resident in Wales as to the proposed appointment.The Regulations also make provision as to the term of office, and the circumstances in which the Commissioner may be relieved of office. Until the appointment of a new First Minister for Wales under the Government of Wales Act 2006 the Commissioner may be relieved of office by the First Secretary. Following the appointment of the new First Minister for Wales the Commissioner may be relieved of office by the First Minister for Wales. By way of clarification as to legal responsibility for the exercise of functions by the First Secretary, the regulations contain incidental provision to treat functions so exercised as the exercise of functions by the Assembly as constituted by the Government of Wales Act 1998. The Regulations also provide that anything done by the First Secretary immediately before the appointment of a new First Minister for Wales under the Government of Wales Act 2006 will be treated following the appointment of the First Minister for Wales as if done by the First Minister for Wales.