2016 No. 154 (W. 68)

Commissioner For Older People In Wales, Wales

The Commissioner for Older People in Wales (Appointment) (Amendment) Regulations 2016

Made

Laid before the National Assembly for Wales

Coming into force

The Welsh Ministers in exercise of the powers conferred by section 28(2) of, and paragraph 2 of Schedule 1 to, the Commissioner for Older People (Wales) Act 20061, make the following Regulations.

Title, commencement and applicationI11

1

The title of these Regulations is the Commissioner for Older People in Wales (Appointment) (Amendment) Regulations 2016.

2

These Regulations come into force on 4 April 2016.

3

These Regulations apply in relation to Wales.

Annotations:
Commencement Information
I1

Reg. 1 in force at 4.4.2016, see reg. 1(2)

Amendment of the Commissioner for Older People in Wales (Appointment) Regulations 2007

I22

The Commissioner for Older People in Wales (Appointment) Regulations 20072 are amended in accordance with regulations 3 and 4.

Annotations:
Commencement Information
I2

Reg. 2 in force at 4.4.2016, see reg. 1(2)

I33

In regulation 3 (appointment of the Commissioner)—

a

in paragraph (5) for “regulation 4” substitute “regulations 4 and 4A”; and

b

in paragraph (6) for the opening words “A person” substitute “Subject to regulation 4A, a person”.

Annotations:
Commencement Information
I3

Reg. 3 in force at 4.4.2016, see reg. 1(2)

I44

After regulation 4, insert—

4A

1

The First Minister may extend the term of a Commissioner, who is in the first term of appointment, for a maximum period of two years.

2

The extension of the Commissioner’s term under paragraph (1) may only be made after taking account of the views of older people in Wales or those persons who (as appear to the First Minister) represent the views of older people in Wales as to the proposed extension.

3

The period of extension under paragraph (1) commences on the date of the expiry of the Commissioner’s four-year term.

4

Following the extension of a term under paragraph (1), the Commissioner may not be appointed for a second term.

Annotations:
Commencement Information
I4

Reg. 4 in force at 4.4.2016, see reg. 1(2)

Mark DrakefordMinister for Health and Social Services, one of the Welsh Ministers
EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Commissioner for Older People in Wales (Appointment) Regulations 2007 (“the 2007 Regulations”). The 2007 Regulations make provision in relation to the appointment of the Commissioner for Older People in Wales whose office is established under the Commissioner for Older People (Wales) Act 2006.

These Regulations provide that the First Minister may extend the term of the Commissioner, who is in the first term of appointment, for a period of up to two years. In reaching a decision on whether to extend the Commissioner’s term, the First Minister must take into account the views of older people. If the First Minister extends the Commissioner’s term, the Commissioner may not be reappointed for a second term.