# Social Services and Well-being (Wales) Act 2014

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# Social Services and Well-being (Wales) Act 2014

# 2014 anaw 4

An Act of the National Assembly for Wales to reform social services law; to make provision about improving the well-being                        outcomes for people who need care and support and carers who need support; to make provision about co-operation and partnership                        by public authorities with a view to improving the well-being of people; to make provision about complaints relating to social                        care and palliative care; and for connected purposes.                     

[1 May 2014]

**Having been passed by the National Assembly for Wales and having received the assent of Her Majesty, it is enacted as follows:**                        

Modifications etc. (not altering text)

C1Act excluded (1.4.2015) by Care Act 2014 (c. 23), s. 127, **Sch. 1 para. 1(1)** (with Sch. 1 paras. 8, 14); S.I. 2015/993, art. 2(x)(i) (with transitional provisions in S.I. 2015/995); S.I. 2015/993, art. 2(x)(i) (with transitional provisions in S.I. 2015/995); S.I. 2015/993, art. 2(x)(i) (with transitional provisions in S.I. 2015/995)

C2Act excluded (1.4.2015) by Care Act 2014 (c. 23), s. 127, **Sch. 1 para. 3(2)** (with Sch. 1 paras. 8, 14); S.I. 2015/993, art. 2(x)(i) (with transitional provisions in S.I. 2015/995); S.I. 2015/993, art. 2(x)(i) (with transitional provisions in S.I. 2015/995); S.I. 2015/993, art. 2(x)(i) (with transitional provisions in S.I. 2015/995)

C3Act excluded (1.4.2015) by Care Act 2014 (c. 23), s. 127, **Sch. 1 para. 4(2)(b)** (with Sch. 1 paras. 8, 14); S.I. 2015/993, art. 2(x)(i) (with transitional provisions in S.I. 2015/995); S.I. 2015/993, art. 2(x)(i) (with transitional provisions in S.I. 2015/995); S.I. 2015/993, art. 2(x)(i) (with transitional provisions in S.I. 2015/995)

## **PART 1**E+WINTRODUCTION

### OverviewE+W

#### 1Overview of this ActE+W

(1)This Act has 11 Parts.                  

(2)This Part provides an overview of the whole Act and defines some key terms.                  

(3)Part 2 (general duties)—                  

(a)requires persons exercising functions under this Act to seek to promote the well-being of people who need care and support                        and carers who need support (section 5);                  

(b)imposes overarching duties on persons exercising functions under this Act in relation to persons who need or may need care                        and support, carers who need or may need support, or persons in respect of whom functions are exercisable under Part 6, so                        as to give effect to certain key principles (section 6);                  

(c)requires the Welsh Ministers to issue a statement specifying the well-being outcomes that are to be achieved for people who                        need care and support and carers who need support and to issue a code to help achieve those outcomes (sections 8 to 13);                  

(d)requires local authorities to assess the needs in their areas for care and support, support for carers and preventative services                        (section 14);                  

(e)requires local authorities to provide or arrange for the provision of preventative services (section 15);                  

(f)requires the promotion by local authorities of social enterprises, co-operatives, user led services and the third sector in                        the provision in their areas of care and support and support for carers (section 16);                  

(g)requires the provision by local authorities of a service providing information and advice relating to care and support and                        support for carers and assistance in accessing it (section 17);                  

(h)requires local authorities to establish and maintain registers of sight-impaired, hearing-impaired and other disabled people                        (section 18).                  

(4)Part 3 (assessing the needs of individuals) provides for—                  

(a)the circumstances in which a local authority must assess a person's needs for care and support or a carer's needs for support;                  

(b)how assessments are to be carried out.                  

(5)Part 4 (meeting needs) provides for—                  

(a)the circumstances in which needs for care and support or support for carers may or must be met by local authorities;                  

(b)how needs are to be met.                  

(6)Part 5 (charging and financial assessment) provides for—                  

(a)the circumstances in which local authorities may charge for providing or arranging care and support or support for carers;                  

(b)the circumstances in which local authorities may charge for preventative services and the provision of assistance;                  

(c)how such charges are to be set, paid and enforced.                  

(7)Part 6 (looked after and accommodated children)—                  

(a)provides for the interpretation of references to a child or young person looked after by a local authority (section 74);                  

(b)requires local authorities—                  

(i)to secure sufficient accommodation in their areas for the children they look after (section 75), and                  

(ii)to accommodate children without parents or who are lost or abandoned or are under police protection, detention or on remand                        (sections 76 and 77);                  

(c)provides for the functions of local authorities in relation to the children they look after (sections 75 to 103, 124 and 125);                  

(d)provides for the circumstances in which local authorities may or must provide support for young people—                  

(i)leaving, or who have left, local authority care;                  

(ii)formerly accommodated in certain establishments;                  

(iii)formerly fostered;                  

(iv)with respect to whom special guardianship orders are or were in force;                  

(sections 104 to 118);

(e)provides for limits on the use of secure accommodation for children looked after by local authorities or local authorities                        in England or children of a description specified in regulations (section 119);                  

(f)requires the assessment by local authorities of children who are accommodated by health authorities or education authorities                        or in care homes or independent hospitals and the provision of visits and services to those children (sections 120 to 123);                  

(g)introduces Schedule 1 which makes provision about contributions towards the maintenance of children looked after by local                        authorities.                  

(8)Part 7 (safeguarding)—                  

(a)requires local authorities to investigate where they suspect that an adult with care and support needs is at risk of abuse                        or neglect (section 126);                  

(b)provides for adult protection and support orders to authorise entry to premises (if necessary by force) for the purpose of                        enabling an authorised officer of a local authority to assess whether an adult is at risk of abuse or neglect and, if so,                        what to do about it (section 127);                  

(c)requires local authorities and their relevant partners to report to the appropriate authority where they suspect that people                        may be at risk of abuse or neglect (sections 128 and 130);                  

(d)disapplies section 47 of the National Assistance Act 1948 (which enables local authorities to apply for a court order to remove                        people in need of care and attention from their homes to hospitals or other places) (section 129);                  

(e)establishes a National Independent Safeguarding Board to provide support and advice in order to ensure the effectiveness of                        Safeguarding Boards (sections 132 and 133);                  

(f)provides for Safeguarding Boards for adults and children and for the combination of such boards (sections 134 to 141).                  

(9)Part 8 (social services functions)—                  

(a)introduces Schedule 2, which specifies the social services functions of local authorities (section 143);                  

(b)requires the appointment of directors of social services by local authorities and makes related provision (section 144);                  

(c)provides for codes about the exercise of social services functions to be made by the Welsh Ministers (sections 145 to 149);                  

(d)provides for intervention by the Welsh Ministers in the exercise of social services functions where a local authority is failing                        to exercise them properly (sections 150 to 161).                  

(10)Part 9 (co-operation and partnership)—                  

(a)requires local authorities to make arrangements to promote co-operation with their relevant partners and others in relation                        to adults with needs for care and support, carers and children (sections 162 and 163);                  

(b)imposes a duty on the relevant partners to co-operate with, and provide information to, the local authorities for the purpose                        of their social services functions (section 164);                  

(c)makes provision about promoting the integration of care and support with health services (section 165);                  

(d)provides for partnership arrangements between local authorities and Local Health Boards for the discharge of their functions                        (sections 166 to 169);                  

(e)empowers the Welsh Ministers to direct local authorities to enter into joint arrangements for the provision of an adoption                        service (section 170).                  

(11)Part 10 (complaints, representations and advocacy services) has three chapters.                  

(12)Chapter 1 provides for complaints and representations about social services provided or arranged by local authorities.                  

(13)Chapter 2 provides for complaints to the Public Services Ombudsman for Wales about private social care and palliative care.                  

(14)Chapter 3 provides for advocacy services to be made available to people with needs for care and support for purposes relating                        to their care and support.                  

(15)Part 11 (miscellaneous and general)—                  

(a)empowers the Welsh Ministers, local authorities and Local Health Boards to conduct research, and empowers the Welsh Ministers                        to require information, about matters connected with functions under the Act and other related matters (section 184);                  

(b)makes provision about how this Act applies to persons in prison, youth detention accommodation or bail accommodation etc (sections 185 to 188);                  

(c)makes provision about the steps to be taken by a local authority where an establishment or agency (within the meaning of the                        Care Standards Act 2000) becomes unable to meet needs in the authority's area because of business failure (sections 189 to                        191);                  

(d)disapplies section 49 of the National Assistance Act 1948 (which allows a local authority to meet expenses incurred by any                        of its officers appointed by the Court of Protection as a deputy) (section 192);                  

(e)makes provision for the recovery of costs between local authorities in certain circumstances (section 193);                  

(f)provides for the resolution of questions about the ordinary residence of a person for the purposes of this Act (section 194);                  

(g)contains the definitions that apply for the purposes of this Act generally and an index of defined expressions (section 197);                  

(h)contains other provisions which apply generally for the purposes of this Act.                  

(16)There are also provisions about social services in the Acts and Measures listed in Schedule 2.                  

### Key termsE+W

#### 2Meaning of “well-being”E+W

(1)This section applies for the purpose of this Act.                  

(2)“Well-being”, in relation to a person, means well-being in relation to any of the following—                  

(a)physical and mental health and emotional well-being;                  

(b)protection from abuse and neglect;                  

(c)education, training and recreation;                  

(d)domestic, family and personal relationships;                  

(e)contribution made to society;                  

(f)securing rights and entitlements;                  

(g)social and economic well-being;                  

(h)suitability of living accommodation.                  

(3)In relation to a child, “well-being” also includes—                  

(a)physical, intellectual, emotional, social and behavioural development;                  

(b)“welfare” as that word is interpreted for the purposes of the Children Act 1989.                  

(4)In relation to an adult, “well-being” also includes—                  

(a)control over day to day life;                  

(b)participation in work.                  

#### 3Meaning of “adult”, “child”, “carer”and “disabled”E+W

(1)This section applies for the purposes of this Act.                  

(2)“Adult” means a person who is aged 18 or over.                  

(3)“Child” means a person who is aged under 18.                  

(4)“Carer” means a person who provides or intends to provide care for an adult or disabled child; but see subsections (7) and (8) and                        section 187(1).                  

(5)A person is “disabled” if the person has a disability for the purposes of the Equality Act 2010, subject to provision made                        under subsection (6).                  

(6)Regulations may provide that a person falling within a specified category is or is not to be treated as disabled for the purposes                        of this Act.                  

(7)A person is not a carer for the purposes of this Act if the person provides or intends to provide care—                  

(a)under or by virtue of a contract, or                  

(b)as voluntary work.                  

(8)But a local authority may treat a person as a carer for the purposes of any of its functions under this Act if the authority                        considers that the relationship between the person providing or intending to provide care and the person for whom that care                        is, or is to be, provided is such that it would be appropriate for the former to be treated as a carer for the purposes of                        that function or those functions.                  

#### 4Meaning of “care and support”E+W

Any reference to care and support in this Act is to be construed as a reference to—

(a)care;                  

(b)support;                  

(c)both care and support.                  

## **PART 2**E+WGENERAL FUNCTIONS

### Overarching dutiesE+W

#### 5Well-being dutyE+W

Commencement Information

I1S. 5 in force at 6.4.2016 by S.I. 2016/412, **art. 2** (with art. 4, Schs. 1, 2)

#### 6Other overarching duties: generalE+W

Modifications etc. (not altering text)

C4S. 6(4)(b) applied by SI 2005/1313, reg. 46A(2) (as inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) and Care Planning, Placement and Case Review                                 (Miscellaneous Amendments) (Wales) Regulations 2016 (S.I. 2016/216), regs. 1(2), **5(8)**)

Commencement Information

I2S. 6 in force at 6.4.2016 by S.I. 2016/412, **art. 2** (with art. 4, Schs. 1, 2)

#### 7Other overarching duties: UN Principles and ConventionE+W

Commencement Information

I3S. 7 in force at 6.4.2016 by S.I. 2016/412, **art. 2** (with art. 4, Schs. 1, 2)

### Well-being outcomesE+W

#### 8Duty to issue a statement of the outcomes to be achievedE+W

Commencement Information

I4S. 8 in force at 6.4.2016 by S.I. 2016/412, **art. 2** (with art. 4, Schs. 1, 2)

#### 9Power to issue a code to help achieve the outcomesE+W

Commencement Information

I5S. 9 in force at 6.4.2016 by S.I. 2016/412, **art. 2** (with art. 4, Schs. 1, 2)

#### 10Local authorities and the codeE+W

Commencement Information

I6S. 10 in force at 6.4.2016 by S.I. 2016/412, **art. 2** (with art. 4, Schs. 1, 2)

#### 11Issue, approval and revocation of the codeE+W

Commencement Information

I7S. 11 in force at 6.4.2016 by S.I. 2016/412, **art. 2** (with art. 4, Schs. 1, 2)

#### 12Power to help local authorities to comply with the code's requirementsE+W

Commencement Information

I8S. 12 in force at 6.4.2016 by S.I. 2016/412, **art. 2** (with art. 4, Schs. 1, 2)

#### 13Publication of information and reportsE+W

Commencement Information

I9S. 13 in force at 6.4.2016 by S.I. 2016/412, **art. 2** (with art. 4, Schs. 1, 2)

### Local arrangementsE+W

#### 14Assessment of needs for care and support, support for carers and preventative servicesE+W

Textual Amendments

F1S. 14(3)(4) repealed (1.4.2016) by Well-being of Future Generations (Wales) Act 2015 (anaw 2), s. 56(2), **Sch. 4 para. 33**; S.I. 2016/86, art. 3; S.I. 2016/86, art. 3

Commencement Information

I10S. 14 in force at 6.4.2016 by S.I. 2016/412, **art. 2** (with art. 4, Schs. 1, 2)

#### [F214APlans following assessments of needs under section 14E+W

Textual Amendments

F2S. 14A inserted (6.4.2016) by Well-being of Future Generations (Wales) Act 2015 (anaw 2), s. 56(2), **Sch. 4 para. 34**; S.I. 2016/86, art. 4

#### 15Preventative servicesE+W

Textual Amendments

F3Words in s. 15(2)(h) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), **295**

Commencement Information

I11S. 15 in force at 6.4.2016 by S.I. 2016/412, **art. 2** (with art. 4, Schs. 1, 2)

#### 16Promoting social enterprises, co-operatives, user led services and the third sectorE+W

Commencement Information

I12S. 16 in force at 6.4.2016 by S.I. 2016/412, **art. 2** (with art. 4, Schs. 1, 2)

#### 17Provision of information, advice and assistanceE+W

Commencement Information

I13S. 17 in force at 6.4.2016 by S.I. 2016/412, **art. 2** (with art. 4, Schs. 1, 2)

#### 18Registers of sight-impaired, hearing-impaired and other disabled peopleE+W

Commencement Information

I14S. 18 in force at 6.4.2016 by S.I. 2016/412, **art. 2** (with art. 4, Schs. 1, 2)

## **PART 3**E+WASSESSING THE NEEDS OF INDIVIDUALS

### Assessing adultsE+W

#### 19Duty to assess the needs of an adult for care and supportE+W

Commencement Information

I15S. 19 in force at 6.4.2016 by S.I. 2016/412, **art. 2** (with art. 4, Schs. 1, 2)

#### 20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

### Assessing childrenE+W

#### 21Duty to assess the needs of a child for care and supportE+W

Commencement Information

I17S. 21 in force at 6.4.2016 by S.I. 2016/412, **art. 2** (with art. 4, Schs. 1, 2)

#### 22Refusal of a needs assessment for a child aged 16 or 17E+W

Commencement Information

I18S. 22 in force at 6.4.2016 by S.I. 2016/412, **art. 2** (with art. 4, Schs. 1, 2)

#### 23Refusal of a needs assessment for a child aged under 16E+W

Commencement Information

I19S. 23 in force at 6.4.2016 by S.I. 2016/412, **art. 2** (with art. 4, Schs. 1, 2)

### Assessing carersE+W

#### 24Duty to assess the needs of a carer for supportE+W

Commencement Information

I20S. 24 in force at 6.4.2016 by S.I. 2016/412, **art. 2** (with art. 4, Schs. 1, 2)

#### 25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 26Refusal of a needs assessment for a carer aged 16 or 17E+W

Commencement Information

I22S. 26 in force at 6.4.2016 by S.I. 2016/412, **art. 2** (with art. 4, Schs. 1, 2)

#### 27Refusal of a needs assessment for a carer aged under 16E+W

Commencement Information

I23S. 27 in force at 6.4.2016 by S.I. 2016/412, **art. 2** (with art. 4, Schs. 1, 2)

### SupplementaryE+W

#### 28Combining needs assessments for a carer and a cared for personE+W

Commencement Information

I24S. 28 in force at 6.4.2016 by S.I. 2016/412, **art. 2** (with art. 4, Schs. 1, 2)

#### 29Combining needs assessments and other assessmentsE+W

Commencement Information

I25S. 29 in force at 6.4.2016 by S.I. 2016/412, **art. 2** (with art. 4, Schs. 1, 2)

#### 30Regulations about assessmentE+W

Commencement Information

I26S. 30 in force at 6.4.2016 by S.I. 2016/412, **art. 2** (with art. 4, Schs. 1, 2)

#### 31Part 3: interpretationE+W

Commencement Information

I27S. 31 in force at 6.4.2016 by S.I. 2016/412, **art. 2** (with art. 4, Schs. 1, 2)

## **PART 4**E+WMEETING NEEDS

### Deciding what to do following needs assessmentE+W

#### 32. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 33Procedure for regulations under section 32E+W

(1)Before making regulations under section 32(3) or (4), the Welsh Ministers must carry out the following steps.                  

(2)The Welsh Ministers must consult—                  

(a)such persons as appear to them likely to be affected by the regulations,                  

(b)such organisations as appear to them to represent the interests of persons likely to be affected by the regulations, and                  

(c)such other persons as they consider appropriate,                  

on the proposed draft regulations.

(3)The Welsh Ministers must—                  

(a)allow those persons a period of at least 12 weeks to submit comments on the proposed draft regulations,                  

(b)consider any comments submitted within that period, and                  

(c)publish a summary of those comments.                  

(4)The Welsh Ministers must lay a draft of the regulations before the National Assembly for Wales.                  

(5)Draft regulations laid under subsection (4)—                  

(a)must be accompanied by a statement of the Welsh Ministers giving details of any differences between the draft regulations                        consulted on under subsection (2) and the draft regulations laid under subsection (4), and                  

(b)may not be approved by a resolution of the National Assembly for Wales in accordance with section 196(6) until after the expiry                        of the period of 60 days beginning with the day on which the draft regulations are laid.                  

#### 34How to meet needsE+W

(1)The following are examples of the ways in which a local authority may meet needs under sections 35 to 45—                  

(a)by arranging for a person other than the authority to provide something;                  

(b)by itself providing something;                  

(c)by providing something, or by arranging for something to be provided, to a person other than the person with needs for care                        and support (or, in the case of a carer, support).                  

(2)The following are examples of what may be provided or arranged to meet needs under sections 35 to 45—                  

(a)accommodation in a care home, children's home or premises of some other type;                  

(b)care and support at home or in the community;                  

(c)services, goods and facilities;                  

(d)information and advice;                  

(e)counselling and advocacy;                  

(f)social work;                  

(g)payments (including direct payments);                  

(h)aids and adaptations;                  

(i)occupational therapy.                  

(3)Where a local authority is meeting a person's needs under sections 35 to 45 by providing or arranging care and support at                        the person's home, the local authority must satisfy itself that any visits to the person's home for that purpose are of sufficient                        length to provide the person with the care and support required to meet the needs in question.                  

(4)A code issued under section 145 must include guidelines as to the length of visits to a person's home for the purpose of providing                        care and support.                  

(5)See sections 47 (exception for provision of health services), 48 (exception for provision of housing etc) and 49 (restrictions                        on provision of payments) for limitations on what may be provided or arranged to meet needs for care and support and the way                        in which it may be provided or arranged.                  

Modifications etc. (not altering text)

C5S. 34 applied (1.4.2015 for specified purposes) by Care Act 2014 (c. 23), **ss. 52(3)**, 127; S.I. 2015/993, art. 2(p) (with transitional provisions in S.I. 2015/995); S.I. 2015/993, art. 2(p) (with transitional provisions in S.I. 2015/995); S.I. 2015/993, art. 2(p) (with transitional provisions in S.I. 2015/995)

### Meeting care and support needs of adultsE+W

#### 35. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 36Power to meet care and support needs of adultE+W

### Meeting care and support needs of childrenE+W

#### 37Duty to meet care and support needs of a childE+W

(1)A local authority must meet a child's needs for care and support if it is satisfied that conditions 1 and 2, and any conditions                        specified in regulations, are met (but see subsections (5) and (6)).                  

(2)Condition 1 is that the child is within the local authority's area.                  

(3)Condition 2 is that—                  

(a)the needs meet the eligibility criteria, or                  

(b)the local authority considers it necessary to meet the needs in order to protect the child from—                  

(i)abuse or neglect or a risk of abuse or neglect, or                  

(ii)other harm or a risk of such harm.                  

(4)If the local authority has been notified about a child under section 120(2)(a) [F4or under section 85(1) of the Children Act 1989 (children accommodated by health authorities and local education authorities)], it must treat the child as being within its area for the purposes of this section.                  

(5)The duty under subsection (1) does not apply to a child's needs to the extent that the local authority is satisfied that those                        needs are being met by the child's family or a carer.                  

(6)This section does not apply to a child who is looked after by—                  

(a)a local authority,                  

(b)a local authority in England,                  

(c)a local authority in Scotland, or                  

(d)a Health and Social Care trust.                  

#### 38Power to meet care and support needs of a childE+W

(1)A local authority may meet a child's needs for care and support if the child is—                  

(a)within the local authority's area, or                  

(b)ordinarily resident in the authority's area, but outside its area,                  

(but see subsection (4)).

(2)If a local authority meets the needs of a child who is ordinarily resident in the area of another local authority under subsection                        (1), it must notify the local authority in whose area the child is ordinarily resident that it is doing so.                  

(3)A local authority has the power to meet needs under this section whether or not it has completed a needs assessment in accordance                        with Part 3 or a financial assessment in accordance with Part 5.                  

(4)This section does not apply to a child who is looked after by—                  

(a)a local authority,                  

(b)a local authority in England,                  

(c)a local authority in Scotland, or                  

(d)a Health and Social Care trust.                  

#### 39Duty to maintain family contactE+W

(1)This section applies to a child—                  

(a)who is within the area of a local authority,                  

(b)whom the local authority considers has needs for care and support in addition to the care and support provided by the child's                        family,                  

(c)who is living apart from the child's family, and                  

(d)who is not looked after by the local authority.                  

(2)If the local authority considers it necessary in order to promote the well-being of the child, it must take such steps as                        are reasonably practicable to—                  

(a)enable the child to live with the child's family, or                  

(b)promote contact between the child and the child's family.                  

### Meeting support needs of a carerE+W

#### 40. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 41Duty to meet support needs of an adult carer: supplementaryE+W

#### 42Duty to meet support needs of a child carerE+W

#### 43Duty to meet support needs of a child carer: supplementaryE+W

#### 44Supplementary provision about the duties to meet carer's needsE+W

#### 45Power to meet support needs of a carerE+W

### Meeting needs: exceptions and restrictionsE+W

#### 46Exception for persons subject to immigration controlE+W

(1)A local authority may not meet the needs for care and support of an adult to whom section 115 of the Immigration and Asylum                        Act 1999 (“the 1999 Act”) (exclusion from benefits) applies and whose needs for care and support have arisen solely—                  

(a)because the adult is destitute, or                  

(b)because of the physical effects, or anticipated physical effects, of being destitute.                  

(2)For the purposes of subsection (1), section 95(2) to (7) of the 1999 Act applies but with the references in section 95(4)                        and (5) of that Act to the Secretary of State being read as references to the local authority in question.                  

(3)But, until the commencement of section 44(6) of the Nationality, Immigration and Asylum Act 2002, subsection (2) is to have                        effect as if it read as follows—                  

“(2)For the purposes of subsection (1), section 95(3) and (5) to (8) of, and paragraph 2 of Schedule 8 to, the 1999 Act apply                           but with references in section 95(5) and (7) and that paragraph to the Secretary of State being read as references to the                           local authority in question.”                  

(4)The reference in subsection (1) to meeting an adult's needs for care and support includes a reference to doing so in order                        to meet a carer's needs for support.                  

Modifications etc. (not altering text)

C6Ss. 46-49 applied (1.4.2015 for specified purposes) by Care Act 2014 (c. 23), **ss. 52(8)**, 127 (with s. 52(13)(14)); S.I. 2015/993, art. 2(p) (with transitional provisions in S.I. 2015/995); S.I. 2015/993, art. 2(p) (with transitional provisions in S.I. 2015/995); S.I. 2015/993, art. 2(p) (with transitional provisions in S.I. 2015/995)

#### 47Exception for provision of health servicesE+W

(1)A local authority may not meet a person's needs for care and support (including a carer's needs for support) under sections                        35 to 45 by providing or arranging for the provision of a service or facility which is required to be provided under a health                        enactment, unless doing so would be incidental or ancillary to doing something else to meet needs under those sections.                  

(2)A local authority may not secure services or facilities for a person under section 15 (preventative services) that are required                        to be provided under a health enactment, unless doing so would be incidental or ancillary to securing another service or facility                        for that person under that section.                  

(3)Regulations may specify—                  

(a)types of services or facilities which may, despite subsections (1) and (2), be provided or arranged by a local authority,                        or circumstances in which such services or facilities may be so provided or arranged;                  

(b)types of services or facilities which may not be provided or arranged by a local authority, or circumstances in which such                        services or facilities may not be so provided or arranged;                  

(c)services or facilities, or a method for determining services or facilities, the provision of which is, or is not, to be treated                        as incidental or ancillary for the purposes of subsection (1) or (2).                  

(4)A local authority may not meet a person's needs for care and support (including a carer's needs for support) under sections                        35 to 45 by providing or arranging for the provision of nursing care by a registered nurse.                  

(5)A local authority may not secure the provision of nursing care by a registered nurse in discharging its duty under section                        15.                  

(6)But a local authority may, despite subsections (1), (2), (4) and (5), arrange for the provision of accommodation together                        with nursing care by a registered nurse—                  

(a)if the authority has obtained consent for it to arrange for the provision of the nursing care from—                  

(i)whichever Local Health Board regulations require, in the case of accommodation in Wales, Scotland or Northern Ireland, or                  

(ii)whichever English health body regulations require, in the case of accommodation in England, or                  

(b)in an urgent case and where the arrangements are temporary.                  

(7)In a case to which subsection (6)(b) applies, the local authority must seek to obtain the consent mentioned in subsection                        (6)(a) as soon as is feasible after the temporary arrangements are made.                  

(8)Regulations may require a local authority—                  

(a)to make arrangements in connection with the resolution of disputes between the authority and a health body about whether or                        not a service or facility is required to be provided under a health enactment;                  

(b)to be involved in the manner specified in processes for assessing a person's needs for health care and deciding how those                        needs should be met.                  

(9)Nothing in this section affects what a local authority may do under the National Health Service (Wales) Act 2006, including                        entering into arrangements under regulations made under section 33 of that Act (arrangements with NHS bodies).                  

(10)In this section—                  
          -  an “English health body” (“*corff iechyd Seisnig*”) means—                          (a)
a clinical commissioning group;
(b)
the National Health Service Commissioning Board;
 
          -  a “health body” (“*corff iechyd*”) means—                          (a)
a Local Health Board;
(b)
a clinical commissioning group;
(c)
the National Health Service Commissioning Board;
(d)
a Health Board constituted under section 2 of the National Health Service (Scotland) Act 1978;
(e)
a Special Health Board constituted under that section;
(f)
a Health and Social Care trust;
 
          -  a “health enactment” (“*deddfiad iechyd*”) means—                          (a)
the National Health Service (Wales) Act 2006;
(b)
the National Health Service Act 2006;
(c)
the National Health Service (Scotland) Act 1978;
(d)
the Health and Personal Social Services (Northern Ireland) Order 1972 (S.I. 1972/1265 (N.I. 14));
(e)
the Health and Social Care (Reform) Act (Northern Ireland) 2009;
 
          -  “nursing care” (“*gofal nyrsio*”) means a service which involves either the provision of care or the planning, supervision or delegation of the provision                           of care, but does not include a service which, by its nature and in the circumstances in which it is to be provided, does                           not need to be provided by a registered nurse.                         

Modifications etc. (not altering text)

C6Ss. 46-49 applied (1.4.2015 for specified purposes) by Care Act 2014 (c. 23), **ss. 52(8)**, 127 (with s. 52(13)(14)); S.I. 2015/993, art. 2(p) (with transitional provisions in S.I. 2015/995); S.I. 2015/993, art. 2(p) (with transitional provisions in S.I. 2015/995); S.I. 2015/993, art. 2(p) (with transitional provisions in S.I. 2015/995)

#### 48Exception for provision of housing etcE+W

A local authority may not meet an adult's needs for care and support (including a carer's needs for support) under sections                     35 to 45 or discharge its duty under section 15 by doing anything which that authority or another local authority is required                     to do under—                  

(a)the Housing Act 1996, or                  

(b)any other enactment specified in regulations.                  

Modifications etc. (not altering text)

C6Ss. 46-49 applied (1.4.2015 for specified purposes) by Care Act 2014 (c. 23), **ss. 52(8)**, 127 (with s. 52(13)(14)); S.I. 2015/993, art. 2(p) (with transitional provisions in S.I. 2015/995); S.I. 2015/993, art. 2(p) (with transitional provisions in S.I. 2015/995); S.I. 2015/993, art. 2(p) (with transitional provisions in S.I. 2015/995)

#### 49Restrictions on provision of paymentsE+W

(1)A local authority may not provide payments to meet a person's needs for care and support or a carer's needs for support under                        sections 35 to 45 unless—                  

(a)the payments are direct payments (see sections 50 to 53),                  

(b)the authority considers—                  

(i)that the person's needs are urgent, and                  

(ii)that it would not be reasonably practicable to meet those needs in any other way,                  

(c)the payments are provided under or by virtue of a contract, or                  

(d)the payments are provided in circumstances specified in regulations.                  

(2)A local authority may not provide payments in the discharge of its duty under section 15(1) unless—                  

(a)the authority considers—                  

(i)that the payments would achieve one or more of the purposes mentioned in section 15(2), and                  

(ii)that it would not be reasonably practicable to achieve that purpose or those purposes in any other way,                  

(b)the payments are provided under or by virtue of a contract which relates to the provision of services for the authority's                        area, or                  

(c)the payments are provided in circumstances specified in regulations.                  

Modifications etc. (not altering text)

C6Ss. 46-49 applied (1.4.2015 for specified purposes) by Care Act 2014 (c. 23), **ss. 52(8)**, 127 (with s. 52(13)(14)); S.I. 2015/993, art. 2(p) (with transitional provisions in S.I. 2015/995); S.I. 2015/993, art. 2(p) (with transitional provisions in S.I. 2015/995); S.I. 2015/993, art. 2(p) (with transitional provisions in S.I. 2015/995)

### Direct paymentsE+W

#### 50Direct payments to meet an adult's needsE+W

(1)Regulations may require or allow a local authority to make payments to a person towards the cost of meeting an adult's needs                        for care and support under section 35 or 36.                  

(2)But regulations under subsection (1) may not require or allow such payments to be made unless condition 1 or 2 is met.                  

(3)Condition 1 is that—                  

(a)the payments are to be made to the adult who has needs for care and support (“A”),                  

(b)A has, or the local authority believes that A has, capacity to consent to the making of the payments,                  

(c)the local authority is satisfied that—                  

(i)making the payments is an appropriate way of meeting A's needs, and                  

(ii)A is capable of managing the payments (either by himself or herself or with the support that is available to A), and                  

(d)A has consented to the making of the payments.                  

(4)Condition 2 is that—                  

(a)the adult who has needs for care and support (“A”) does not have, or the local authority believes that A does not have, capacity                        to consent to the making of the payments,                  

(b)the payments are to be made to a person (“P”) other than A,                  

(c)P is a suitable person,                  

(d)the local authority is satisfied that—                  

(i)making the payments is an appropriate way of meeting A's needs,                  

(ii)P is capable of managing the payments (either by himself or herself or with the support that is available to P), and                  

(iii)P will act in A's best interests in managing the payments, and                  

(e)the necessary consent has been obtained to make the payments to P.                  

(5)For the purposes of subsection (4)(c), P is a “suitable person”—                  

(a)if P is authorised under the Mental Capacity Act 2005 (whether in general or specific terms) to make decisions about A's needs                        for care and support,                  

(b)where P is not authorised as mentioned in paragraph (a), if a person who is so authorised agrees with the local authority                        that P is suitable to receive payments towards the cost of meeting A's needs for care and support, or                  

(c)where P is not authorised as mentioned in paragraph (a) and there is no person who is so authorised, if the local authority                        considers that P is suitable to receive payments of that kind.                  

(6)For the purposes of subsection (4)(e), the “necessary consent” means—                  

(a)the consent of P, and                  

(b)where P is a suitable person by virtue of subsection (5)(b), the consent of a person authorised under the Mental Capacity                        Act 2005 (whether in general or specific terms) to make decisions about A's needs for care and support.                  

(7)A payment under this section is referred to in this Act as a “direct payment”.                  

#### 51Direct payments to meet a child's needsE+W

(1)Regulations may require or allow a local authority to make payments to a person towards the cost of meeting a child's needs                        for care and support under section 37, 38 or 39.                  

(2)But regulations under subsection (1) may not require or allow payments to be made unless conditions 1 to 4 are met.                  

(3)Condition 1 is that the payments are to be made to a person (“P”) who is—                  

(a)a person with parental responsibility for a child who has needs for care and support, or                  

(b)a child who has needs for care and support.                  

(4)Condition 2 is that—                  

(a)where P is an adult or a child aged 16 or 17, P has, or the local authority believes that P has, capacity to consent to the                        making of the payments;                  

(b)where P is a child aged under 16, the local authority is satisfied that P has sufficient understanding to make an informed                        decision about receiving direct payments.                  

(5)Condition 3 is that the local authority is satisfied that—                  

(a)making the payments is an appropriate way of meeting the child's needs,                  

(b)the well-being of the child will be safeguarded and promoted by the making of the payments, and                  

(c)P is capable of managing the payments (either by himself or herself or with the support that is available to P).                  

(6)Condition 4 is that P has consented to the making of the payments.                  

(7)A payment under this section is referred to in this Act as a “direct payment”.                  

#### 52Direct payments to meet a carer's needsE+W

(1)Regulations may require or allow a local authority to make payments to a person towards the cost of meeting a carer's needs                        for support under section 40, 42 or 45.                  

(2)But regulations under subsection (1) may not require or allow payments to be made unless conditions 1 to 4 are met.                  

(3)Condition 1 is that the payments are to be made to the carer who has needs for support (“C”).                  

(4)Condition 2 is that—                  

(a)where C is an adult or a child aged 16 or 17, C has, or the local authority believes that C has, capacity to consent to the                        making of the payments;                  

(b)where C is a child aged under 16, the local authority is satisfied that C has sufficient understanding to make an informed                        decision about receiving direct payments.                  

(5)Condition 3 is that the local authority is satisfied that—                  

(a)making the payments is an appropriate way of meeting C's needs, and                  

(b)C is capable of managing the payments (either by himself or herself or with the support that is available to C).                  

(6)Condition 4 is that C has consented to the making of the payments.                  

(7)A payment under this section is referred to in this Act as a “direct payment”.                  

#### 53Direct payments: further provisionE+W

(1)Regulations under section 50, 51 or 52 may also make provision about the following matters (among other matters)—                  

(a)the manner in which the amounts of the direct payments are to be determined;                  

(b)the making of direct payments as gross payments or alternatively as net payments;                  

(c)the determination of—                  

(i)the financial resources of specified persons, and                  

(ii)the amount (if any) that it would be reasonably practicable for those persons to pay by way of reimbursement (in the case                        of gross payments) or contribution (in the case of net payments);                  

(d)matters to which a local authority may or must have regard when making a decision of a specified type about direct payments;                  

(e)conditions which a local authority may or must attach, and conditions which it must not attach, in relation to direct payments;                  

(f)steps which a local authority may or must take before, or after, making a decision of a specified type about direct payments;                  

(g)support which a local authority must provide or arrange for persons to whom it makes direct payments;                  

(h)cases or circumstances in which a local authority may act as an agent on behalf of a person to whom direct payments are made;                  

(i)conditions subject to which, and the extent to which, a local authority's duty or power to meet a person's needs for care                        and support or a carer's needs for support is displaced by the making of direct payments;                  

(j)cases or circumstances in which a local authority must not, or is allowed not to, make payments to a person or in relation                        to a person;                  

(k)cases or circumstances in which a person who no longer lacks, or who the local authority believes no longer lacks, capacity                        to consent to the making of direct payments must or may nonetheless be treated for the purposes of sections 50 to 52 as lacking                        capacity to do so;                  

(l)cases or circumstances in which a local authority making direct payments may or must review the making of those payments;                  

(m)cases or circumstances in which a local authority making direct payments may or must—                  

(i)terminate the making of those payments;                  

(ii)require the repayment of the whole or part of a direct payment;                  

(n)the recovery of any amount due to a local authority in connection with the making of direct payments.                  

(2)In subsection (1)(b) and (c)—                  
          -  “gross payments” means direct payments—                          (a)
which are made at a rate that the local authority estimates to be equivalent to the reasonable cost of securing the provision                                    of the care and support (or, in the case of carers, the support) in respect of which the payments are made, but                                 
(b)
which may be made subject to the condition that a person specified in regulations pays to the authority, by way of reimbursement,                                    an amount or amounts determined under the regulations;                                 
 
          -  “net payments” means direct payments—                          (a)
which are made on the basis that a person specified in regulations will pay an amount or amounts determined under the regulations                                    by way of contribution towards the cost of securing the provision of the care and support (or, in the case of carers, the                                    support) in respect of which the payments are made, and                                 
(b)
which are accordingly made at a rate below the rate the local authority estimates to be equivalent to the reasonable cost                                    of securing the provision of that care and support (or, in the case of carers, that support) so as to reflect the contribution                                    to be made by that person.                                 
 

(3)Regulations under section 50, 51 or 52 may make provision in relation to direct payments which corresponds to the provision                        which is made by, or may be made under, sections 59 to 67 or section 73.                  

(4)For the purposes of subsection (3), provision corresponds to that which is made by or under sections 59 to 67 or section 73                        if it makes, in relation to reimbursements or contributions, provision which is in the opinion of the Welsh Ministers equivalent                        in effect to the provision made by or under those sections in relation to charges for providing or arranging the provision                        of care and support (or, in the case of carers, support) to meet a person's needs.                  

(5)Regulations under section 50, 51 or 52 must require a local authority to take specified steps to enable relevant persons to                        make informed choices about the use of direct payments.                  

(6)In subsection (5) “relevant persons” means persons whose consent must be obtained to the making of direct payments under regulations made under section 50, 51                        or 52.                  

(7)Regulations under section 51 must specify that where direct payments are made to a person who receives a benefit falling within                        a specified category, the payments—                  

(a)must be made at a rate that the local authority estimates to be equivalent to the reasonable cost of securing the provision                        of the care and support in respect of which the payments are made, and                  

(b)must not be made subject to any condition that requires a person to pay any amount to the authority by way of reimbursement.                  

(8)In subsection (7) “benefit” includes any allowance, payment, credit or loan.                  

(9)A person to whom a local authority makes a direct payment may, subject to regulations made under section 50, 51 or 52, use                        the payment to purchase care and support (or, in the case of a carer, support) from any person (including, among others, the                        authority which made the payment).                  

(10)A local authority may impose a reasonable charge for the provision of care and support (or, in the case of a carer, support)                        to meet needs in respect of which a direct payment has been made.                  

[F5(11)The ways in which a local authority may discharge its duty under section 117 of the Mental Health Act 1983 include by making                           direct payments; and for that purpose Schedule A1 (which includes modifications of sections 50 and 51 and this section) has                           effect.]                  

### PlansE+W

#### 54. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 55Regulations about care and support plans and support plansE+W

### SupplementaryE+W

#### 56. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 57Cases where a person expresses preference for particular accommodationE+W

#### 58Protecting property of persons being cared for away from homeE+W

## **PART 5**E+WCHARGING AND FINANCIAL ASSESSMENT

### Charging for meeting needsE+W

#### 59Power to impose chargesE+W

Commencement Information

I30S. 59 in force at 6.4.2016 by S.I. 2016/412, **art. 2** (with art. 4, Schs. 1, 2)

#### 60Persons upon whom charges may be imposedE+W

Commencement Information

I31S. 60 in force at 6.4.2016 by S.I. 2016/412, **art. 2** (with art. 4, Schs. 1, 2)

#### 61Regulations about the exercise of a power to impose a chargeE+W

Commencement Information

I32S. 61 in force at 6.4.2016 by S.I. 2016/412, **art. 2** (with art. 4, Schs. 1, 2)

#### 62Regulations disapplying a power to impose a chargeE+W

Commencement Information

I33S. 62 in force at 6.4.2016 by S.I. 2016/412, **art. 2** (with art. 4, Schs. 1, 2)

#### 63Duty to carry out a financial assessmentE+W

Commencement Information

I34S. 63 in force at 6.4.2016 by S.I. 2016/412, **art. 2** (with art. 4, Schs. 1, 2)

#### 64Regulations about financial assessmentsE+W

Commencement Information

I35S. 64 in force at 6.4.2016 by S.I. 2016/412, **art. 2** (with art. 4, Schs. 1, 2)

#### 65Regulations disapplying the duty to carry out a financial assessmentE+W

Commencement Information

I36S. 65 in force at 6.4.2016 by S.I. 2016/412, **art. 2** (with art. 4, Schs. 1, 2)

#### 66Determination as to a person's ability to pay a chargeE+W

Commencement Information

I37S. 66 in force at 6.4.2016 by S.I. 2016/412, **art. 2** (with art. 4, Schs. 1, 2)

#### 67Duty to give effect of determination as to ability to pay a chargeE+W

Commencement Information

I38S. 67 in force at 6.4.2016 by S.I. 2016/412, **art. 2** (with art. 4, Schs. 1, 2)

#### 68Deferred payment agreementsE+W

Commencement Information

I39S. 68 in force at 6.4.2016 by S.I. 2016/412, **art. 2** (with art. 4, Schs. 1, 2)

### Charging for preventative services and assistanceE+W

#### 69Charging for preventative services and assistanceE+W

Commencement Information

I40S. 69 in force at 6.4.2016 by S.I. 2016/412, **art. 2** (with art. 4, Schs. 1, 2)

### Enforcement of debtsE+W

#### 70Recovery of charges, interest etcE+W

Commencement Information

I41S. 70 in force at 6.4.2016 by S.I. 2016/412, **art. 2** (with art. 4, Schs. 1, 2)

#### 71Creation of a charge over an interest in landE+W

Commencement Information

I42S. 71 in force at 6.4.2016 by S.I. 2016/412, **art. 2** (with art. 4, Schs. 1, 2)

#### 72Transfer of assets to avoid chargesE+W

Commencement Information

I43S. 72 in force at 6.4.2016 by S.I. 2016/412, **art. 2** (with art. 4, Schs. 1, 2)

### ReviewsE+W

#### 73Reviews relating to chargingE+W

Commencement Information

I44S. 73 in force at 6.4.2016 by S.I. 2016/412, **art. 2** (with art. 4, Schs. 1, 2)

## **PART 6**E+WLOOKED AFTER AND ACCOMMODATED CHILDREN

### InterpretationE+W

#### 74Child or young person looked after by a local authorityE+W

Commencement Information

I45S. 74 in force at 6.4.2016 by S.I. 2016/412, **art. 2** (with art. 4, Schs. 1, 2)

### Accommodation dutiesE+W

#### 75General duty of local authority to secure sufficient accommodation for looked after childrenE+W

Commencement Information

I46S. 75 in force at 6.4.2016 by S.I. 2016/412, **art. 2** (with art. 4, Schs. 1, 2)

#### 76Accommodation for children without parents or who are lost or abandoned etcE+W

Textual Amendments

F6S. 76(2A) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), **299**

Commencement Information

I47S. 76 in force at 6.4.2016 by S.I. 2016/412, **art. 2** (with art. 4, Schs. 1, 2)

#### 77Accommodation for children in police protection or detention or on remand etcE+W

Textual Amendments

F7Words in s. 77(4)(b)(i) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), **300(a)**

F8Words in s. 77(5) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), **300(b)**

Commencement Information

I48S. 77 in force at 6.4.2016 by S.I. 2016/412, **art. 2** (with art. 4, Schs. 1, 2)

### Duties of local authorities in relation to looked after childrenE+W

#### 78Principal duty of a local authority in relation to looked after childrenE+W

Commencement Information

I49S. 78 in force at 6.4.2016 by S.I. 2016/412, **art. 2** (with art. 4, Schs. 1, 2)

#### 79Provision of accommodation for children in careE+W

Commencement Information

I50S. 79 in force at 6.4.2016 by S.I. 2016/412, **art. 2** (with art. 4, Schs. 1, 2)

#### 80Maintenance of looked after childrenE+W

Commencement Information

I51S. 80 in force at 6.4.2016 by S.I. 2016/412, **art. 2** (with art. 4, Schs. 1, 2)

#### 81Ways in which looked after children are to be accommodated and maintainedE+W

Modifications etc. (not altering text)

C7S. 81 excluded by S.I. 2012/2813, reg. 2A(a) (as inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) (Secondary Legislation) Regulations 2016 (S.I.                                 2016/211), reg. 1(2), **Sch. 3 para. 131**)

Commencement Information

I52S. 81 in force at 6.4.2016 by S.I. 2016/412, **art. 2** (with art. 4, Schs. 1, 2)

#### 82Review of child's case before making alternative arrangements for accommodationE+W

Modifications etc. (not altering text)

C8S. 82 excluded by S.I. 2012/2813, reg. 2A(b) (as inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) (Secondary Legislation) Regulations 2016 (S.I.                                 2016/211), reg. 1(2), **Sch. 3 para. 131**)

Commencement Information

I53S. 82 in force at 6.4.2016 by S.I. 2016/412, **art. 2** (with art. 4, Schs. 1, 2)

#### 83Care and support plansE+W

Commencement Information

I54S. 83 in force at 6.4.2016 by S.I. 2016/412, **art. 2** (with art. 4, Schs. 1, 2)

#### 84Regulations about care and support plansE+W

Commencement Information

I55S. 84 in force at 6.4.2016 by S.I. 2016/412, **art. 2** (with art. 4, Schs. 1, 2)

#### 85Contributions towards maintenance of looked after childrenE+W

Commencement Information

I56S. 85 in force at 6.4.2016 by S.I. 2016/412, **art. 2** (with art. 4, Schs. 1, 2)

#### [F9 86 Children’s homes provided, equipped and maintained by Welsh Ministers or Secretary of StateE+W

Textual Amendments

F9S. 86 substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), **301**

Commencement Information

I57S. 86 in force at 6.4.2016 by S.I. 2016/412, **art. 2** (with art. 4, Schs. 1, 2)

### Regulations about looked after childrenE+W

#### 87Regulations about looked after childrenE+W

Commencement Information

I58S. 87 in force at 6.4.2016 by S.I. 2016/412, **art. 2** (with art. 4, Schs. 1, 2)

#### 88Regulations about conditions under which a child in care is allowed to live with a parent etcE+W

Commencement Information

I59S. 88 in force at 6.4.2016 by S.I. 2016/412, **art. 2** (with art. 4, Schs. 1, 2)

#### 89Regulations about placements of a kind mentioned in section 81(6)(d)E+W

Commencement Information

I60S. 89 in force at 6.4.2016 by S.I. 2016/412, **art. 2** (with art. 4, Schs. 1, 2)

#### 90Regulations about placements out of areaE+W

Commencement Information

I61S. 90 in force at 6.4.2016 by S.I. 2016/412, **art. 2** (with art. 4, Schs. 1, 2)

#### 91Regulations about the avoidance of disruption in educationE+W

Commencement Information

I62S. 91 in force at 6.4.2016 by S.I. 2016/412, **art. 2** (with art. 4, Schs. 1, 2)

#### 92Regulations about the placing of children with local authority foster parents and prospective adoptersE+W

Commencement Information

I63S. 92 in force at 6.4.2016 by S.I. 2016/412, **art. 2** (with art. 4, Schs. 1, 2)

#### 93Regulations providing for approval of local authority foster parentsE+W

Textual Amendments

F10Words in s. 93(1)(a) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), **302**

Commencement Information

I64S. 93 in force at 6.4.2016 by S.I. 2016/412, **art. 2** (with art. 4, Schs. 1, 2)

#### 94Regulations about agency arrangementsE+W

Commencement Information

I65S. 94 in force at 6.4.2016 by S.I. 2016/412, **art. 2** (with art. 4, Schs. 1, 2)

### Contact and visitsE+W

#### 95Promotion and maintenance of contact between child and familyE+W

Textual Amendments

F11Words in s. 95(4) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), **303**

Modifications etc. (not altering text)

C9S. 95 excluded by SI 2005/1313, reg. 46A(2) (as excluded (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) and Care Planning, Placement and Case Review                                 (Miscellaneous Amendments) (Wales) Regulations 2016 (S.I. 2016/216), regs. 1(2), **5(8)**)

Commencement Information

I66S. 95 in force at 6.4.2016 by S.I. 2016/412, **art. 2** (with art. 4, Schs. 1, 2)

#### 96Family visits to or by children: expensesE+W

Commencement Information

I67S. 96 in force at 6.4.2016 by S.I. 2016/412, **art. 2** (with art. 4, Schs. 1, 2)

#### 97Duty of local authority to ensure visits to, and contact with, looked after children and other childrenE+W

Commencement Information

I68S. 97 in force at 6.4.2016 by S.I. 2016/412, **art. 2** (with art. 4, Schs. 1, 2)

#### 98Independent visitors for looked after childrenE+W

Commencement Information

I69S. 98 in force at 6.4.2016 by S.I. 2016/412, **art. 2** (with art. 4, Schs. 1, 2)

### Review of casesE+W

#### 99Appointment of independent reviewing officerE+W

Commencement Information

I70S. 99 in force at 6.4.2016 by S.I. 2016/412, **art. 2** (with art. 4, Schs. 1, 2)

#### 100Functions of the independent reviewing officerE+W

Commencement Information

I71S. 100 in force at 6.4.2016 by S.I. 2016/412, **art. 2** (with art. 4, Schs. 1, 2)

#### 101Referred casesE+W

Commencement Information

I72S. 101 in force at 6.4.2016 by S.I. 2016/412, **art. 2** (with art. 4, Schs. 1, 2)

#### 102Review of cases and inquiries into representationsE+W

Commencement Information

I73S. 102 in force at 6.4.2016 by S.I. 2016/412, **art. 2** (with art. 4, Schs. 1, 2)

### Leaving care, accommodation and fosteringE+W

#### 103Befriending, advising and assisting looked after childrenE+W

Commencement Information

I74S. 103 in force at 6.4.2016 by S.I. 2016/412, **art. 2** (with art. 4, Schs. 1, 2)

#### 104Young people entitled to support under sections 105 to 115E+W

Commencement Information

I75S. 104 in force at 6.4.2016 by S.I. 2016/412, **art. 2** (with art. 4, Schs. 1, 2)

#### 105Keeping in touchE+W

Modifications etc. (not altering text)

C10Ss. 105-116 excluded by 2002 c. 41, Sch. 3 para. 1(1)(o) (as inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), **199(4)**)

Commencement Information

I76S. 105 in force at 6.4.2016 by S.I. 2016/412, **art. 2** (with art. 4, Schs. 1, 2)

#### 106Personal advisersE+W

Modifications etc. (not altering text)

C10Ss. 105-116 excluded by 2002 c. 41, Sch. 3 para. 1(1)(o) (as inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), **199(4)**)

Commencement Information

I77S. 106 in force at 6.4.2016 by S.I. 2016/412, **art. 2** (with art. 4, Schs. 1, 2)

#### 107Pathway assessments and plans: generalE+W

Modifications etc. (not altering text)

C10Ss. 105-116 excluded by 2002 c. 41, Sch. 3 para. 1(1)(o) (as inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), **199(4)**)

Commencement Information

I78S. 107 in force at 6.4.2016 by S.I. 2016/412, **art. 2** (with art. 4, Schs. 1, 2)

#### 108Pathway assessments and plans: post-18 living arrangementsE+W

Modifications etc. (not altering text)

C10Ss. 105-116 excluded by 2002 c. 41, Sch. 3 para. 1(1)(o) (as inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), **199(4)**)

Commencement Information

I79S. 108 in force at 6.4.2016 by S.I. 2016/412, **art. 2** (with art. 4, Schs. 1, 2)

#### 109Support for category 2 young peopleE+W

Modifications etc. (not altering text)

C10Ss. 105-116 excluded by 2002 c. 41, Sch. 3 para. 1(1)(o) (as inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), **199(4)**)

Commencement Information

I80S. 109 in force at 6.4.2016 by S.I. 2016/412, **art. 2** (with art. 4, Schs. 1, 2)

#### 110Support for category 3 young peopleE+W

Modifications etc. (not altering text)

C10Ss. 105-116 excluded by 2002 c. 41, Sch. 3 para. 1(1)(o) (as inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), **199(4)**)

Commencement Information

I81S. 110 in force at 6.4.2016 by S.I. 2016/412, **art. 2** (with art. 4, Schs. 1, 2)

#### 111Cessation of duties in relation to category 3 young peopleE+W

Modifications etc. (not altering text)

C10Ss. 105-116 excluded by 2002 c. 41, Sch. 3 para. 1(1)(o) (as inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), **199(4)**)

Commencement Information

I82S. 111 in force at 6.4.2016 by S.I. 2016/412, **art. 2** (with art. 4, Schs. 1, 2)

#### 112Support for category 4 young peopleE+W

Modifications etc. (not altering text)

C10Ss. 105-116 excluded by 2002 c. 41, Sch. 3 para. 1(1)(o) (as inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), **199(4)**)

Commencement Information

I83S. 112 in force at 6.4.2016 by S.I. 2016/412, **art. 2** (with art. 4, Schs. 1, 2)

#### 113Cessation of duties in relation to category 4 young peopleE+W

Modifications etc. (not altering text)

C10Ss. 105-116 excluded by 2002 c. 41, Sch. 3 para. 1(1)(o) (as inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), **199(4)**)

Commencement Information

I84S. 113 in force at 6.4.2016 by S.I. 2016/412, **art. 2** (with art. 4, Schs. 1, 2)

#### 114Support for category 5 young people and former category 5 young peopleE+W

Modifications etc. (not altering text)

C10Ss. 105-116 excluded by 2002 c. 41, Sch. 3 para. 1(1)(o) (as inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), **199(4)**)

Commencement Information

I85S. 114 in force at 6.4.2016 by S.I. 2016/412, **art. 2** (with art. 4, Schs. 1, 2)

#### 115Support for category 6 young people and former category 6 young peopleE+W

Modifications etc. (not altering text)

C10Ss. 105-116 excluded by 2002 c. 41, Sch. 3 para. 1(1)(o) (as inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), **199(4)**)

Commencement Information

I86S. 115 in force at 6.4.2016 by S.I. 2016/412, **art. 2** (with art. 4, Schs. 1, 2)

#### 116Supplementary provision about support for young persons in further or higher educationE+W

Modifications etc. (not altering text)

C10Ss. 105-116 excluded by 2002 c. 41, Sch. 3 para. 1(1)(o) (as inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), **199(4)**)

Commencement Information

I87S. 116 in force at 6.4.2016 by S.I. 2016/412, **art. 2** (with art. 4, Schs. 1, 2)

#### 117Charging for provision under sections 109 to 115E+W

Commencement Information

I88S. 117 in force at 6.4.2016 by S.I. 2016/412, **art. 2** (with art. 4, Schs. 1, 2)

#### 118InformationE+W

Commencement Information

I89S. 118 in force at 6.4.2016 by S.I. 2016/412, **art. 2** (with art. 4, Schs. 1, 2)

### Secure accommodationE+W

#### 119Use of accommodation for restricting libertyE+W

Textual Amendments

F12Words in s. 119(2)(c) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), **304(a)**

F13Words in s. 119(6) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), **304(b)**

F14S. 119(11) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), **304(c)**

Modifications etc. (not altering text)

C11S. 119 excluded (6.4.2016) by The Children (Secure Accommodation) (Wales) Regulations 2015 (S.I. 2015/1988), regs. 1(2), **14**

C12S. 119 modified (6.4.2016) by The Children (Secure Accommodation) (Wales) Regulations 2015 (S.I. 2015/1988), regs. 1(2), **15**

C13S. 119 applied (with modifications) (6.4.2016) by The Children (Secure Accommodation) (Wales) Regulations 2015 (S.I. 2015/1988), **regs. 1(2)**, 16 (as amended (2.4.2018) by S.I. 2018/391, **regs. 1(4)**, 2)

Commencement Information

I90S. 119 in force at 6.4.2016 by S.I. 2016/412, **art. 2** (with art. 4, Schs. 1, 2)

### Children accommodated in certain establishmentsE+W

#### 120Assessment of children accommodated by health authorities and education authoritiesE+W

Textual Amendments

F15Words in s. 120(5) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), **305**

Commencement Information

I91S. 120 in force at 6.4.2016 by S.I. 2016/412, **art. 2** (with art. 4, Schs. 1, 2)

#### 121Assessment of children accommodated in care homes or independent hospitalsE+W

Commencement Information

I92S. 121 in force at 6.4.2016 by S.I. 2016/412, **art. 2** (with art. 4, Schs. 1, 2)

#### 122Visitors for children notified to a local authority F16...E+W

Textual Amendments

F16Words in heading omitted (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), **306(c)**

F17Words in s. 122(1)(a) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), **306(a)**

F18Words in s. 122(1)(b) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), **306(b)**

Commencement Information

I93S. 122 in force at 6.4.2016 by S.I. 2016/412, **art. 2** (with art. 4, Schs. 1, 2)

#### 123Services for children notified to a local authority F19...E+W

Textual Amendments

F19Words in heading omitted (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), **307(b)**

F20Words in s. 123(1) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), **307(a)**

Commencement Information

I94S. 123 in force at 6.4.2016 by S.I. 2016/412, **art. 2** (with art. 4, Schs. 1, 2)

### Moving looked after children to live outside the jurisdictionE+W

#### 124Arrangements to assist children to live outside England and WalesE+W

Commencement Information

I95S. 124 in force at 6.4.2016 by S.I. 2016/412, **art. 2** (with art. 4, Schs. 1, 2)

### Death of a looked after childE+W

#### 125Death of children being looked after by local authoritiesE+W

Commencement Information

I96S. 125 in force at 6.4.2016 by S.I. 2016/412, **art. 2** (with art. 4, Schs. 1, 2)

### [F21Jurisdiction and procedureE+W

Textual Amendments

F21Ss. 125A-125D and cross-heading inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), **308**

#### 125A.Jurisdiction of courtsE+W

#### 125B.Rules of courtE+W

#### 125C.Privacy for children involved in proceedings under this PartE+W

#### 125D.

## **PART 7**E+WSAFEGUARDING

### Adults at riskE+W

#### 126Adults at riskE+W

#### 127. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 128Duty to report adults at riskE+W

#### 129Abolition of local authority's power to remove persons in need of care and attentionE+W

### Children at riskE+W

#### 130Duty to report children at riskE+W

### GuidanceE+W

#### 131Guidance about adults at risk and children at riskE+W

### National Independent Safeguarding BoardE+W

#### 132The National Independent Safeguarding BoardE+W

#### 133Regulations about the National BoardE+W

### Safeguarding Children Boards and Safeguarding Adults BoardsE+W

#### 134Safeguarding Children Boards and Safeguarding Adults BoardsE+W

#### 135Functions and procedures of Safeguarding BoardsE+W

#### 136Safeguarding Boards: annual plans and reportsE+W

#### 137Supply of information requested by Safeguarding BoardsE+W

#### 138Funding of Safeguarding BoardsE+W

#### 139Safeguarding Boards: supplementaryE+W

#### 140Combined Safeguarding BoardsE+W

#### 141Procedure for orders under section 140E+W

#### 142Interpretation of Part 7E+W

## **PART 8**E+WSOCIAL SERVICES FUNCTIONS

### Local authoritiesE+W

#### 143Social services functions of local authoritiesE+W

Commencement Information

I98S. 143 in force at 6.4.2016 by S.I. 2016/412, **art. 2** (with art. 4, Schs. 1, 2)

#### 144Directors of social servicesE+W

Commencement Information

I99S. 144 in force at 6.4.2016 by S.I. 2016/412, **art. 2** (with art. 4, Schs. 1, 2)

### CodesE+W

#### 145Power to issue codesE+W

Commencement Information

I100S. 145 in force at 6.4.2016 by S.I. 2016/412, **art. 2** (with art. 4, Schs. 1, 2)

#### 146Issue, approval and revocation of codesE+W

Commencement Information

I101S. 146 in force at 6.4.2016 by S.I. 2016/412, **art. 2** (with art. 4, Schs. 1, 2)

#### 147Departure from requirements in codesE+W

Commencement Information

I102S. 147 in force at 6.4.2016 by S.I. 2016/412, **art. 2** (with art. 4, Schs. 1, 2)

#### 148Policy statements: requirements and ancillary powersE+W

Commencement Information

I103S. 148 in force at 6.4.2016 by S.I. 2016/412, **art. 2** (with art. 4, Schs. 1, 2)

#### 149Directions to require compliance with codes of practiceE+W

Commencement Information

I104S. 149 in force at 6.4.2016 by S.I. 2016/412, **art. 2** (with art. 4, Schs. 1, 2)

### Intervention by central governmentE+W

#### 150Grounds for interventionE+W

Commencement Information

I105S. 150 in force at 6.4.2016 by S.I. 2016/412, **art. 2** (with art. 4, Schs. 1, 2)

#### 151Warning noticeE+W

Commencement Information

I106S. 151 in force at 6.4.2016 by S.I. 2016/412, **art. 2** (with art. 4, Schs. 1, 2)

#### 152Power of Welsh Ministers to interveneE+W

Commencement Information

I107S. 152 in force at 6.4.2016 by S.I. 2016/412, **art. 2** (with art. 4, Schs. 1, 2)

#### 153Power to require local authority to obtain advisory servicesE+W

Commencement Information

I108S. 153 in force at 6.4.2016 by S.I. 2016/412, **art. 2** (with art. 4, Schs. 1, 2)

#### 154Power to require performance of functions by other persons on behalf of authorityE+W

Commencement Information

I109S. 154 in force at 6.4.2016 by S.I. 2016/412, **art. 2** (with art. 4, Schs. 1, 2)

#### 155Power to require performance of functions by Welsh Ministers or nomineeE+W

Commencement Information

I110S. 155 in force at 6.4.2016 by S.I. 2016/412, **art. 2** (with art. 4, Schs. 1, 2)

#### 156Power to direct exercise of other social services functionsE+W

Commencement Information

I111S. 156 in force at 6.4.2016 by S.I. 2016/412, **art. 2** (with art. 4, Schs. 1, 2)

#### 157General power to give directions and take stepsE+W

Commencement Information

I112S. 157 in force at 6.4.2016 by S.I. 2016/412, **art. 2** (with art. 4, Schs. 1, 2)

#### 158Intervention: duty to reportE+W

Commencement Information

I113S. 158 in force at 6.4.2016 by S.I. 2016/412, **art. 2** (with art. 4, Schs. 1, 2)

#### 159DirectionsE+W

Commencement Information

I114S. 159 in force at 6.4.2016 by S.I. 2016/412, **art. 2** (with art. 4, Schs. 1, 2)

#### 160Duty to co-operateE+W

Commencement Information

I115S. 160 in force at 6.4.2016 by S.I. 2016/412, **art. 2** (with art. 4, Schs. 1, 2)

#### 161Powers of entry and inspectionE+W

Commencement Information

I116S. 161 in force at 6.4.2016 by S.I. 2016/412, **art. 2** (with art. 4, Schs. 1, 2)

## **PART 9**E+WCO-OPERATION AND PARTNERSHIP

### Co-operationE+W

#### 162. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 163. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 164. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 165. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

### Partnership arrangementsE+W

#### 166. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 167. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 168. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 169. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

### AdoptionE+W

#### 170Adoption service: joint arrangementsE+W

Insert after section 3 of the Adoption and Children Act 2002—

##### “3AWales – joint arrangements

(1)The Welsh Ministers may direct two or more local authorities in Wales to enter into specified arrangements with each other                           in relation to the provision of specified services maintained under section 3(1).                  

(2)Before giving a direction under this section the Welsh Ministers must consult the local authorities to which it is to be given.                  

(3)Specified arrangements may include (among other things) arrangements—                  

(a)as to the establishment and maintenance of a pooled fund;                  

(b)as to the provision of staff, goods, services, accommodation or other resources;                  

(c)for determining the amount of payment or other contribution to be made towards relevant expenditure by the authorities which                           are parties to the arrangements;                  

(d)for working in conjunction with registered adoption societies;                  

(e)as to the responsibility for, and the operation and management of, the arrangements;                  

(f)as to the establishment and operation of a panel to make recommendations as to—                  

(i)whether a child should be placed for adoption;                  

(ii)whether a prospective adopter is suitable to adopt a child;                  

(iii)whether a particular child should be placed for adoption with a particular prospective adopter;                  

(g)for resolving complaints about services provided in accordance with the specified arrangements;                  

(h)as to the determination of disputes between the authorities which are parties to the arrangements.                  

(4)Where the Welsh Ministers exercise their power of direction under subsection (1) they must within 21 days of the giving of                           the direction—                  

(a)report to the National Assembly for Wales that the power has been exercised, and                  

(b)lay a copy of the direction before the National Assembly for Wales.                  

(5)In this section—                  
          -  “a pooled fund” is a fund made up of contributions by two or more local authorities out of which payments may be made towards                              relevant expenditure;                         
          -  “relevant expenditure” is expenditure incurred in connection with the provision of services provided in accordance with the                              specified arrangements;                         
          -  “specified” means specified in a direction under this section.”                         

Commencement Information

I117S. 170 in force at 1.11.2014 by S.I. 2014/2718, **art. 2(a)**

## **PART 10**E+WCOMPLAINTS, REPRESENTATIONS AND ADVOCACY SERVICES

### CHAPTER 1E+WCOMPLAINTS AND REPRESENTATIONS ABOUT SOCIAL SERVICES

#### 171. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 172Complaints about social services: supplementaryE+W

#### 173Assistance for complainantsE+W

#### 174Representations relating to certain children etcE+W

#### 175Representations relating to certain children etc: further provisionE+W

#### 176Representations relating to former looked after children etcE+W

#### 177. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 178Assistance for persons making representationsE+W

### CHAPTER 2E+WCOMPLAINTS ABOUT PRIVATE SOCIAL CARE AND PALLIATIVE CARE

#### 179Investigation of complaints about privately arranged or funded social care and palliative careE+W

Schedule 3 (which inserts new Parts 2A and 2B into the Public Services Ombudsman (Wales) Act 2005 to give the Public Services                     Ombudsman for Wales powers to investigate complaints about certain kinds of social care and palliative care and makes consequential                     amendments) has effect.                  

Commencement Information

I118S. 179 in force at 1.11.2014 by S.I. 2014/2718, **art. 2(b)**

#### 180Independent advocacy services for complaints about privately arranged or funded palliative careE+W

(1)Section 187 of the National Health Service (Wales) Act 2006 (independent advocacy services) is amended as follows.                  

(2)In subsection (2)—                  

(a)in paragraph (a) for “or independent provider” substitute “ , independent provider or independent palliative care provider ”,                  

(b)in paragraph (c) omit the words “or the Public Services Ombudsman for Wales”, and                  

(c)after paragraph (c) insert—                  

“(ca)a complaint to the Public Services Ombudsman for Wales which relates to a health service body or independent palliative care                           provider,”.                  

(3)In subsection (3) insert in the appropriate place—                  

““independent palliative care provider” means a person who is an independent palliative care provider (within the meaning given by section 34T of the Public Services                        Ombudsman (Wales) Act 2005),”.                  

Commencement Information

I119S. 180 in force at 1.11.2014 by S.I. 2014/2718, **art. 2(c)**

### CHAPTER 3E+WADVOCACY SERVICES

#### 181Provision of advocacy servicesE+W

#### 182. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 183. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

## **PART 11**E+WMISCELLANEOUS AND GENERAL

### MiscellaneousE+W

#### 184Research and provision of informationE+W

#### 185Adults in prison, youth detention accommodation or bail accommodation etcE+W

#### 186Children in youth detention accommodation, prison or bail accommodation etcE+W

#### 187Persons in prison, youth detention accommodation or bail accommodation etcE+W

#### 188. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 189. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 190. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 191. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 192Amendment of the National Assistance Act 1948E+W

### SupplementaryE+W

#### 193Recovery of costs between local authoritiesE+W

#### 194. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 195. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

### GeneralE+W

#### 196Orders and regulationsE+W

(1)A power to make an order or regulations under this Act is to be exercised by statutory instrument.                  

(2)A power to make an order or regulations under this Act includes power—                  

(a)to make different provision for different cases or classes of case, different areas or different purposes;                  

(b)to make different provision generally or subject to specified exemptions or exceptions or only in relation to specific cases                        or classes of case;                  

(c)to make incidental, supplementary, consequential, transitory, transitional or saving provision.                  

(3)Subsections (1) and (2) do not apply to an order which may be made by a court or a justice of the peace.                  

(4)A statutory instrument containing regulations made by the Welsh Ministers under this Act is subject to annulment in pursuance                        of a resolution of the National Assembly for Wales.                  

(5)Subsection (4) does not apply to regulations to which subsection (6) applies.                  

(6)A statutory instrument containing the following regulations or orders (whether alone or with other provision) may not be made                        unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales—                  

(a)regulations under section 3(6), 16(3), 18(3), 32, 37(1), 40(1), 42(1), 119, 127(9), 135(4), 166, 167(3), 168 or 181;                  

(b)an order under section 140 or 143(2);                  

(c)regulations under section 198 which amend or repeal any provision of an Act of Parliament or a Measure or Act of the National                        Assembly for Wales;                  

(see sections 33 and 141 for further requirements in relation to the making of regulations under section 32 and orders under                     section 140).                  

(7)A statutory instrument containing regulations made by the Lord Chancellor under section 101 is subject to annulment in pursuance                        of a resolution of either House of Parliament.                  

#### 197General interpretation and index of defined expressionsE+W

(1)In this Act—                  
          -  “abuse” (“*camdriniaeth”, “cam-drin*”) means physical, sexual, psychological, emotional or financial abuse (and includes abuse taking place in any setting, whether                           in a private dwelling, an institution or any other place), and “financial abuse” (“*camdriniaeth ariannol*”) includes—                          (a)
having money or other property stolen;
(b)
being defrauded;
(c)
being put under pressure in relation to money or other property;
(d)
having money or other property misused;
 
          -  “adult” (“*oedolyn*”) has the meaning given by section 3;                         
          -  “approved premises” (“*mangre a gymeradwywyd*”) is defined for the purposes of sections 185 to 187 by section 188(1);                         
          -  “bail in criminal proceedings” (“*mechnïaeth mewn achos troseddol*”) is defined for the purposes of sections 185 to 187 by section 188(1);                         
          -  “care and support” (“*gofal a chymorth*”) has the meaning given by section 4;                         
          -  “care home” (“*cartref gofal*”) has the same meaning as in the Care Standards Act 2000;                         
          -  “carer” (“*gofalwr*”) has the meaning given by section 3;                         
          -  “child” (“*plentyn*”) has the meaning given by section 3;                         
          -  “children's home” (“*cartref plant*”) means, except in section 86, a children's home within the meaning of the Care Standards Act 2000 in respect of which a                           person is registered under Part 2 of that Act;                         
          -  “clinical commissioning group” (“*grŵp comisiynu clinigol*”) means a body established under section 14D of the National Health Service Act 2006;                         
          -  “community home” (“*cartref cymunedol*”) and “controlled community home” (“*cartref cymunedol a reolir*”) have the meanings given by section 53 of the Children Act 1989;                         
          -  “disabled” (“*anabl*”) has the meaning given by section 3;                         
          -  “education functions” (“*swyddogaethau addysg*”) has the meaning given by section 579(1) of the Education Act 1996;                         
          -  “eligibility criteria” (“*meini prawf cymhwystra*”) means criteria set under section 32;                         
          -  “enactment” (“*deddfiad*”) means—                          (a)
except in sections 140(2)(b), 172(7) and 198(2)(b), a provision contained in any of the following (whenever enacted or made)—
(i)
an Act of Parliament;
(ii)
an Act or Measure of the National Assembly for Wales;
(iii)
an Act of the Scottish Parliament;
(iv)
Northern Ireland legislation (within the meaning of the Interpretation Act 1978);
(v)
subordinate legislation made under an enactment falling within sub-paragraphs (i) to (iv);
(b)
in sections 140(2)(b), 172(7) and 198(2)(b), a provision contained in any of the following (whenever enacted or made)—
(i)
an Act of Parliament;
(ii)
an Act or Measure of the National Assembly for Wales;
(iii)
subordinate legislation made under an enactment falling within sub-paragraph (i) or (ii);
 
          -  “family” (“*teulu*”), in relation to a child, includes (but is not limited to) any person who has parental responsibility for the child and                           any other person with whom the child has been living;                         
          -  “financial assessment” (“*asesiad ariannol*”) has the meaning given by section 63;                         
          -  “financial limit” (“*terfyn ariannol*”) has the meaning given by section 66(5);                         
          -  “function” (“*swyddogaeth*”) means power or duty;                         
          -  “harm” (“*niwed*”), in relation to a child, means abuse or the impairment of—                          (a)
physical or mental health, or
(b)
physical, intellectual, emotional, social or behavioural development,
  and where the question of whether harm is significant turns on the child's health or development, the child's health or development                           is to be compared with that which could reasonably be expected of a similar child;                         
          -  “Health and Social Care trust” (“*ymddiriedolaeth Iechyd a Gofal Cymdeithasol*”) means a Health and Social Care trust established under the Health and Personal Social Services (Northern Ireland) Order                           1991 (S.I. 1991/194 (N.I. 1));                         
          -  “hospital” (“*ysbyty*”) has the meaning given by section 206 of the National Health Service (Wales) Act 2006;                         
          -  “independent hospital” (“*ysbyty annibynnol*”)—                          (a)
in relation to Wales, has the meaning given by section 2 of the Care Standards Act 2000, and
(b)
in relation to England, means a hospital as defined by section 275 of the National Health Service Act 2006 that is not a health                                    service hospital as defined by that section;                                 
 
          -  “local authority” (“*awdurdod lleol*”) means the council of a county or county borough in Wales;                         
          -  “local authority foster parent” (“*rhiant maeth awdurdod lleol*”) means a person who is approved as a local authority foster parent in accordance with regulations made by virtue of section                           93;                         
          -  “local authority in England” (“*awdurdod lleol yn Lloegr*”) means—                          (a)
a county council in England,
(b)
a district council for an area in England for which there is no county council,
(c)
a London borough council, or
(d)
the Common Council of the City of London;
 
          -  “local authority in Scotland” (“*awdurdod lleol yn yr Alban*”) means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;                         
          -  “Local Health Board” (“*Bwrdd Iechyd Lleol*”) means a Local Health Board established under section 11 of the National Health Service (Wales) Act 2006;                         
          -  “National Board” (“*Bwrdd Cenedlaethol*”) is defined for the purposes of Part 7 by section 142;                         
          -  “National Health Service Commissioning Board” (“*Bwrdd Comisiynu'r Gwasanaeth Iechyd Gwladol*”) means the body established under section 1H of the National Health Service Act 2006;                         
          -  “needs assessment” (“*asesiad o anghenion*”) means an assessment under Part 3;                         
          -  “neglect” (“*esgeulustod*”) means a failure to meet a person's basic physical, emotional, social or psychological needs, which is likely to result                           in an impairment of the person's well-being (for example, an impairment of the person's health or, in the case of a child,                           an impairment of the child's development);                         
          -  “NHS Foundation Trust” (“*Ymddiriedolaeth Sefydledig GIG*”) has the meaning given by section 30 of the National Health Service Act 2006;                         
          -  “NHS Trust” (“*Ymddiriedolaeth GIG*”) means a National Health Service trust established under section 18 of the National Health Service (Wales) Act 2006;                         
          -  “parental responsibility” (“*cyfrifoldeb rhiant*”) has meaning given by section 3 of the Children Act 1989;                         
          -  “prison” (“*carchar*”) is defined—                          (a)
for the purposes of sections 185 to 187 by section 188(1),
(b)
for the purposes of section 134, by section 134(11), and
(c)
for the purposes of section 162, by section 162(11);
 
          -  “private children's home” (“*cartref plant preifat*”) means a children's home which is not—                          (a)
a community home, or
(b)
a voluntary home (within the meaning given by section 60 of the Children Act 1989);
 
          -  “regulations” (“*rheoliadau*”), other than in relation to section 101, means regulations made by the Welsh Ministers;                         
          -  “relative” (“*perthynas*”), in relation to a child, means a step-parent, grandparent, brother, sister, uncle or aunt (including any person who is                           in that relationship by virtue of a marriage or civil partnership or an enduring family relationship);                         
          -  “Safeguarding Board” (“*Bwrdd Diogelu*”) is defined for the purposes of Part 7 by section 142;                         
          -  “Safeguarding Board area” (“*ardal Bwrdd Diogelu*”) is defined for the purposes of Part 7 by section 142;                         
          -  “Safeguarding Board partner” (“*partner Bwrdd Diogelu*”) is defined for the purposes of Part 7 by section 142;                         
          -  “services” (“*gwasanaethau*”) includes facilities;                         
          -  “special guardian” (“*gwarcheidwad arbennig*”) and “special guardianship order” (“*gorchymyn gwarcheidiaeth arbennig*”) have the meaning given by section 14A of the Children Act 1989;                         
          -  “Special Health Authority” (“*Awdurdod Iechyd Arbennig*”) means a Special Health Authority established under section 22 of the National Health Service (Wales) Act 2006 or section                           28 of the National Health Service Act 2006;                         
          -  “specified” (“*penodedig”, “a bennir”, “a bennwyd*”) and related expressions, unless the context otherwise requires, means specified in regulations;                         
          -  “standard charge” (“*ffi safonol*”) is defined for the purposes of Part 5 by section 63(3);                         
          -  “upbringing” (“*magwraeth*”), in relation to a child, includes the care of the child but not the child's maintenance;                         
          -  “voluntary organisation” (“*sefydliad gwirfoddol*”) means a body (other than a public or private body) whose activities are not carried on for profit;                         
          -  “well-being” (“*llesiant*”) has the meaning given by section 2;                         
          -  “Welsh family proceedings officer” (“*swyddog achosion teuluol Cymru*”) has the meaning given by section 35 of the Children Act 2004;                         
          -  “youth detention accommodation” (“*llety cadw ieuenctid*”) is defined for the purposes of sections 185 to 187 by section 188(1);                         
          -  “youth offending team” (“*tîm troseddwyr ifanc*”) means a team established under section 39 of the Crime and Disorder Act 1998.                         

(2)In this Act—                  

(a)a reference to a child looked after by a local authority has the meaning given by section 74;                  

(b)a reference to a child looked after by a local authority in England has the meaning given to a reference in the Children Act                        1989 to a child who is looked after by a local authority for an area in England (see section 22 of that Act);                  

(c)a reference to a child looked after by a local authority in Scotland has the same meaning as a reference in Chapter 1 of Part                        2 of the Children (Scotland) Act 1995 to a child who is “looked after” by a local authority (see section 17(6) of that Act);                  

(d)a reference to a child looked after by a Health and Social Care trust has the same meaning as a reference in the Children                        (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2)) to a child who is looked after by an authority (see article 25 of that                        Order).                  

(3)A reference in this Act to a child who is in the care of a local authority is a reference to a child who is in its care by                        virtue of a care order (within the meaning given by the Children Act 1989).                  

(4)A reference in this Act to accommodation provided by or on behalf of a local authority is a reference to accommodation so                        provided in the exercise of functions of that authority or any other local authority which are social services functions.                  

(5)A reference in this Act to a person having, or lacking, capacity in relation to a matter is to be interpreted as a reference                        to a person having, or lacking, capacity within the meaning of the Mental Capacity Act 2005 in relation to that matter.                  

(6)A reference in this Act to being authorised under the Mental Capacity Act 2005 is a reference to being authorised as—                  

(a)a donee of a lasting power of attorney created under that Act, or                  

(b)a deputy appointed by the Court of Protection under section 16(2)(b) of that Act.                  

(7)The Welsh Ministers may by regulations provide that the Council of the Isles of Scilly is to be treated as a local authority                        in England for the purposes of this Act, or for the purposes of specified provisions of this Act, with such modifications                        as may be specified.                  

#### 198Power to make consequential and transitional provision etcE+W

(1)If the Welsh Ministers consider it necessary or expedient for the purposes of giving full effect to any provision of this                        Act, or in consequence of any such provision, they may by regulations make—                  

(a)any supplementary, incidental or consequential provision, and                  

(b)any transitional or saving provision.                  

(2)Regulations under this section may (among other things)—                  

(a)provide for any provision of this Act which comes into force before another provision has come into force to have effect,                        until that other provision has come into force, with specified modifications;                  

(b)amend, repeal or revoke any enactment (including a provision of this Act) passed or made on or before the day on which this                        Act is passed.                  

(3)Nothing in this section limits the power by virtue of section 196(2) to include transitional or saving provision in an order                        under section 199(2).                  

#### 199CommencementE+W

(1)The following provisions come into force on the day after the day on which this Act receives Royal Assent—                  
          -  Part 1; 
          -  section 196; 
          -  section 197; 
          -  section 198; 
          -  this section; 
          -  section 200. 

(2)The remaining provisions of this Act come into force on a day appointed by the Welsh Ministers by order.                  

(3)An order made under subsection (2) may appoint different days for different purposes.                  

(4)An order made under subsection (2) may not commence the provision in subsections (1) and (2) of section 32 before regulations                        made under subsections (3) and (4) of that section have come into force.                  

#### 200Short titleE+W

The short title of this Act is the Social Services and Well-being (Wales) Act 2014.

 (introduced by section 85)

## SCHEDULE 1E+WCONTRIBUTIONS TOWARDS MAINTENANCE OF LOOKED AFTER CHILDREN

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

 (introduced by section 143)

## SCHEDULE 2E+WSOCIAL SERVICES FUNCTIONS

### **TABLE 1**

Textual Amendments

F37 Words in Sch. 2 omitted (27.4.2015) by virtue of Housing (Wales) Act 2014 (anaw 7), s. 145(3), **Sch. 3 para. 22(3)(a)**; S.I. 2015/1272, art. 2, Sch. para. 53; S.I. 2015/1272, art. 2, Sch. para. 53

F38 Words in Sch. 2 inserted (27.4.2015) by Housing (Wales) Act 2014 (anaw 7), s. 145(3), **Sch. 3 para. 22(3)(b)**; S.I. 2015/1272, art. 2, Sch. para. 53; S.I. 2015/1272, art. 2, Sch. para. 53

 (introduced by section 179)

## SCHEDULE 3E+WINVESTIGATION OF COMPLAINTS ABOUT PRIVATELY ARRANGED OR FUNDED SOCIAL CARE AND PALLIATIVE CARE

### **PART 1**E+WNEW PARTS 2A AND 2B FOR THE PUBLIC SERVICES OMBUDSMAN (WALES) ACT 2005

1E+WThe Public Services Ombudsman (Wales) Act 2005 is amended as follows.

Commencement Information

I124Sch. 3 para. 1 in force at 1.11.2014 by S.I. 2014/2718, **art. 2(b)**

2E+WAfter Part 2 (investigation of complaints) insert—

#### **“PART 2A**E+WINVESTIGATION OF COMPLAINTS RELATING TO OTHER PERSONS: SOCIAL CARE AND PALLIATIVE CARE

##### Application of this PartE+W

###### 34AMatters to which this Part applies

(1)This Part applies to the following matters—                  

(a)action taken by a care home provider in connection with the provision of accommodation, nursing or personal care in a care                           home in Wales;                  

(b)action taken by a domiciliary care provider in connection with the provision of domiciliary care in Wales;                  

(c)action taken by an independent palliative care provider in connection with the provision of a palliative care service in Wales.                  

(2)But this Part does not apply to—                  

(a)matters which may be investigated under Part 2, or                  

(b)matters described in Schedule 3A.                  

(3)The Welsh Ministers may by order amend Schedule 3A by—                  

(a)adding an entry,                  

(b)removing an entry, or                  

(c)changing an entry.                  

(4)Before making an order under subsection (3), the Welsh Ministers must consult the Ombudsman.                  

(5)No order is to be made under subsection (3) unless a draft of the statutory instrument containing it has been laid before,                           and approved by a resolution of, the Assembly.                  

(6)For the meaning of the following terms see sections 34R to 34T—                  
          -  “care home”;                         
          -  “care home provider”;                         
          -  “domiciliary care”;                         
          -  “domiciliary care provider”;                         
          -  “palliative care service”;                         
          -  “independent palliative care provider”.                         

##### Investigation of complaintsE+W

###### 34BPower to investigate complaints

(1)The Ombudsman may investigate a complaint about a matter to which this Part applies if—                  

(a)the complaint has been duly made or referred to the Ombudsman, and                  

(b)in the case of a complaint which relates to an independent palliative care provider, the condition in subsection (2) is met.                  

(2)The condition is that the independent palliative care provider has received public funding, within the three years before                           the date of the action to which the complaint relates, in respect of a palliative care service that it provides in Wales.                  

(3)In subsection (2) “public funding” means funding from—                  

(a)the Welsh Ministers,                  

(b)a Local Health Board established under section 11 of the National Health Service (Wales) Act 2006,                  

(c)an NHS Trust, or                  

(d)a county council or county borough council in Wales.                  

(4)A complaint is “duly made” to the Ombudsman if (but only if)—                  

(a)it is made by a person who is entitled under section 34D to make a complaint to the Ombudsman,                  

(b)before the complaint is made—                  

(i)the matter to which it relates has been brought, by or on behalf of the person affected, to the notice of the provider to                           whom it relates, and                  

(ii)the provider has been given a reasonable opportunity to investigate the matter and to respond, and                  

(c)the requirements of section 34E are met in respect of it.                  

(5)A complaint is “duly referred” to the Ombudsman if (but only if)—                  

(a)it is made by a person who is entitled under section 34D to make a complaint to the Ombudsman, and                  

(b)the requirements of section 34F are met in respect of it.                  

(6)It is for the Ombudsman to determine whether the requirements of subsection (1) have been met in respect of a complaint.                  

(7)Where the Ombudsman determines that the requirements of subsection (1) have not been met in respect of a complaint because                           the requirements of subsection (4)(b), section 34E or section 34F(1)(a)(ii) or (b)(ii) have not been met in respect of that                           complaint, the Ombudsman may nonetheless investigate the complaint if—                  

(a)it relates to a matter to which this Part applies, and                  

(b)the Ombudsman thinks it reasonable to do so.                  

(8)It is for the Ombudsman to decide whether to begin, continue or discontinue an investigation.                  

(9)The Ombudsman may take any action which he or she thinks may assist in making a decision under subsection (8).                  

(10)The Ombudsman may begin or continue an investigation into a complaint even if the complaint has been withdrawn.                  

###### 34CAlternative resolution of complaints

(1)The Ombudsman may take any action he or she considers appropriate with a view to resolving a complaint which he or she has                           the power to investigate under section 34B.                  

(2)The Ombudsman may take action under this section in addition to or instead of conducting an investigation into the complaint.                  

(3)Any action under this section must be taken in private.                  

###### 34DWho can complain

(1)The persons entitled to make a complaint to the Ombudsman are—                  

(a)a member of the public (referred to in this Part as “the person aggrieved”) who claims or claimed to have sustained injustice or hardship as a result of a matter to which this Part applies,                  

(b)a person authorised in writing by the person aggrieved to act on that person's behalf, or                  

(c)if the person aggrieved is not capable of authorising a person to act on his or her behalf (for example because the person                           has died), a person who appears to the Ombudsman to be appropriate to act on behalf of the person aggrieved.                  

(2)“Member of the public” does not include a person acting in his or her capacity as—                  

(a)a care home provider,                  

(b)a domiciliary care provider,                  

(c)an independent palliative care provider, or                  

(d)a listed authority.                  

(3)It is for the Ombudsman to determine any question of whether a person is entitled under this section to make a complaint.                  

###### 34ERequirements: complaints made to the Ombudsman

(1)The requirements mentioned in section 34B(4)(c) are that the complaint must be made—                  

(a)in writing, and                  

(b)before the end of the permitted period.                  

(2)In subsection (1)(b) (and in section 34F(1)(a)(ii)) “the permitted period” means—                  

(a)where the person aggrieved has notice of the matter before the date on which section 34B comes into force, the period of 12                           months beginning with the date on which that section comes into force, and                  

(b)in any other case, the period of 12 months beginning with the day on which the person aggrieved first has notice of the matter.                  

(3)It is for the Ombudsman to determine whether the requirements of subsection (1) are met in respect of a complaint.                  

###### 34FRequirements: complaints referred to the Ombudsman

(1)The requirements mentioned in section 34B(5)(b) are that the complaint—                  

(a)must have been made to the provider to whom it relates—                  

(i)by a person who would have been entitled under section 34D to make the complaint to the Ombudsman, and                  

(ii)before the end of the permitted period (within the meaning given by section 34E(2)), and                  

(b)must be referred to the Ombudsman—                  

(i)in writing, and                  

(ii)before the end of the period of 12 months beginning with the day on which the complaint was made to the provider.                  

##### Decisions not to investigate etcE+W

###### 34GDecisions not to investigate complaints or to discontinue investigations

(1)If the Ombudsman decides under section 34B(8) not to begin an investigation into a complaint or to discontinue an investigation,                           the Ombudsman must prepare a statement of the reasons for that decision.                  

(2)The Ombudsman must send a copy of the statement to—                  

(a)the person who made the complaint, and                  

(b)the provider to whom the complaint relates.                  

(3)The Ombudsman may also send a copy of the statement to any other persons he or she thinks appropriate.                  

(4)The Ombudsman may publish a statement under this section if, after taking account of the interests of the person aggrieved                           and any other persons the Ombudsman thinks appropriate, he or she considers that it would be in the public interest to do                           so.                  

(5)The Ombudsman may supply a copy of the published statement, or part of that statement, to any person who requests it.                  

(6)The Ombudsman may charge a reasonable fee for supplying a copy of a statement, or part of a statement, under subsection (5).                  

(7)The following information must not be included in a version of a statement sent to a person under subsection (2)(b) or (3)                           or published under subsection (4)—                  

(a)the name of a person other than the provider to whom the complaint relates;                  

(b)information which, in the opinion of the Ombudsman, is likely to identify such a person and which, in the Ombudsman's opinion,                           can be omitted without impairing the effectiveness of the statement.                  

(8)Subsection (7) does not apply if, after taking account of the interests of the person aggrieved and any other persons the                           Ombudsman thinks appropriate, the Ombudsman considers that it would be in the public interest to include that information                           in that version of the statement.                  

##### Investigation procedure and evidenceE+W

###### 34HInvestigation procedure

(1)If the Ombudsman decides under section 34B(8) to conduct an investigation into a complaint, he or she must—                  

(a)give the provider to whom the complaint relates an opportunity to comment on the allegations contained in the complaint, and                  

(b)give any other person who is alleged in the complaint to have taken or authorised the action complained of an opportunity                           to comment on the allegations relating to that person.                  

(2)An investigation must be conducted in private.                  

(3)Subject to subsections (1) and (2), the procedure for conducting an investigation is that which the Ombudsman thinks appropriate                           in the circumstances of the case.                  

(4)The Ombudsman may, among other things—                  

(a)make any inquiries which he or she thinks appropriate, and                  

(b)determine whether any person may be represented in the investigation by an authorised person or another person.                  

(5)In subsection (4) “authorised person” means a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity                           which constitutes the exercise of a right of audience or the conduct of litigation (within the meaning of that Act).                  

(6)The Ombudsman may pay to the person who made the complaint and to any other person who attends or supplies information for                           the purposes of the investigation—                  

(a)sums in respect of the expenses properly incurred by them, and                  

(b)allowances to compensate for the loss of their time.                  

(7)The Ombudsman may attach conditions to those payments.                  

###### 34IInformation, documents, evidence and facilities

(1)This section applies for the purposes of an investigation under this Part.                  

(2)The Ombudsman may require a person he or she thinks is able to supply information or produce a document relevant to the investigation                           to do so.                  

(3)The Ombudsman has the same powers as the High Court in relation to—                  

(a)the attendance and examination of witnesses (including the administration of oaths and affirmations and the examination of                           witnesses abroad), and                  

(b)the production of documents.                  

(4)The Ombudsman may require a person he or she thinks is able to supply information or produce a document relevant to the investigation                           to provide any facility the Ombudsman may reasonably require.                  

(5)Subject to subsection (6), no person may be compelled to give any evidence or produce any document which the person could                           not be compelled to give or produce in civil proceedings before the High Court.                  

(6)The Crown is not entitled to any privilege in relation to the production of documents or the giving of evidence that would                           otherwise be allowed by law in legal proceedings.                  

(7)Where an obligation to maintain secrecy or other restriction on the disclosure of information obtained by or supplied to persons                           in Her Majesty's service has been imposed by an enactment or rule of law, the obligation or restriction does not to apply                           to the disclosure of information for the purposes of the investigation.                  

###### 34JObstruction and contempt

(1)If the Ombudsman is satisfied that the condition in subsection (2) is met in relation to a person, he or she may issue a certificate                           to that effect to the High Court.                  

(2)The condition is that the person—                  

(a)without lawful excuse, has obstructed the discharge of any of the Ombudsman's functions under this Part, or                  

(b)has done an act in relation to an investigation which, if the investigation were proceedings in the High Court, would constitute                           contempt of court.                  

(3)If the Ombudsman issues a certificate, the High Court may inquire into the matter.                  

(4)If the High Court is satisfied that the condition in subsection (2) is met in relation to the person, it may deal with that                           person in the same manner as it may deal with a person who has committed contempt in relation to the High Court.                  

##### Reports about investigationsE+W

###### 34KInvestigation reports

(1)This section applies to investigations under this Part unless section 34N applies.                  

(2)The Ombudsman must, after conducting an investigation into a complaint about a matter to which this Part applies—                  

(a)prepare a report on the findings of the investigation (“an investigation report”), and                  

(b)send a copy of the report to the appropriate persons.                  

(3)The appropriate persons are—                  

(a)the person who made the complaint,                  

(b)the provider to whom it relates,                  

(c)any other person who is alleged in the complaint to have taken or authorised the action complained of, and                  

(d)the Welsh Ministers.                  

(4)The Ombudsman may also send a copy of the report to any other persons he or she thinks appropriate.                  

(5)The Ombudsman may publish the report if, after taking account of the interests of the person aggrieved and any other persons                           the Ombudsman thinks appropriate, he or she considers that it would be in the public interest to do so.                  

(6)The Ombudsman may supply a copy of the published report, or part of that report, to any person who requests it.                  

(7)The Ombudsman may charge a reasonable fee for supplying a copy of a report, or part of a report, under subsection (6).                  

(8)The following information must not be included in a version of a report sent to a person under subsection (3)(b) or (c) or                           (4) or published under subsection (5)—                  

(a)the name of a person other than the provider to whom the complaint relates;                  

(b)information which, in the opinion of the Ombudsman, is likely to identify such a person and which, in the Ombudsman's opinion,                           can be omitted without impairing the effectiveness of the report.                  

(9)Subsection (8) does not apply if, after taking account of the interests of the person aggrieved and any other persons the                           Ombudsman thinks appropriate, the Ombudsman considers that it would be in the public interest to include that information                           in that version of the report.                  

###### 34LFurther publicity for investigation reports

(1)The Ombudsman may arrange for a notice about an investigation report to be published—                  

(a)in one or more newspapers, or                  

(b)by means of broadcast or other electronic media.                  

(2)The notice may, for example—                  

(a)provide a summary of the Ombudsman's findings,                  

(b)specify an address or addresses at which a copy of the published report can be inspected during ordinary office hours and                           from which a copy of that report (or part of that report) may be obtained, and                  

(c)specify a website address at which a copy of the published report can be viewed.                  

(3)The provider to whom the report relates must, if required to do so by the Ombudsman, reimburse the Ombudsman for the reasonable                           costs of arranging the publication of the notice.                  

(4)In deciding whether it is appropriate to make arrangements under subsection (1), the Ombudsman must take into account—                  

(a)the public interest,                  

(b)the interests of the person aggrieved, and                  

(c)the interests of any other persons the Ombudsman thinks appropriate.                  

###### 34MAction following receipt of investigation reports

(1)This section applies where the Ombudsman has concluded in an investigation report that the person aggrieved has sustained                           injustice or hardship as a result of the matter investigated.                  

(2)The provider to whom the matter relates must consider the report and notify the Ombudsman before the end of the permitted                           period of—                  

(a)the action the provider has taken or proposes to take in response to the report, and                  

(b)the period before the end of which the provider proposes to take that action (if that action has not already been taken).                  

(3)In subsection (2) “the permitted period”means—                  

(a)the period of one month beginning on the date on which the authority receives the report, or                  

(b)a longer period specified by the Ombudsman in writing (if any).                  

###### 34NReports: alternative procedure

(1)This section applies if, after the Ombudsman has conducted an investigation under this Part—                  

(a)the Ombudsman concludes that the person aggrieved has not sustained injustice or hardship as a result of the matter complained                           of, and                  

(b)the Ombudsman is satisfied that the public interest does not require sections 34K to 34M to apply.                  

(2)This section also applies if, after the Ombudsman has conducted an investigation under this Part—                  

(a)the Ombudsman concludes that the person aggrieved has sustained injustice or hardship as a result of the matter complained                           of,                  

(b)the provider to whom the complaint relates agrees to implement, before the end of the permitted period, any recommendations                           that the Ombudsman makes, and                  

(c)the Ombudsman is satisfied that the public interest does not require sections 34K to 34M to apply.                  

(3)In subsection (2)(b) “the permitted period”means—                  

(a)a period agreed between the Ombudsman, the provider and the person who made the complaint, or                  

(b)if the Ombudsman thinks that no such agreement can be reached, a period specified by him or her in writing.                  

(4)The Ombudsman may decide to prepare a report on his or her findings under this section, rather than under section 34K; and                           if the Ombudsman decides to do so, sections 34K to 34M do not apply.                  

(5)If a report is prepared under this section, the Ombudsman—                  

(a)must send a copy of the report to the person who made the complaint and the provider to whom the complaint relates, and                  

(b)may send a copy of the report to any other persons he or she thinks appropriate.                  

(6)The Ombudsman may publish the report if, after taking account of the interests of the persons aggrieved and any other persons                           the Ombudsman thinks appropriate, he or she considers it to be in the public interest to do so.                  

(7)The Ombudsman may supply a copy of a report published under subsection (6), or a part of that report, to any person who requests                           it.                  

(8)The Ombudsman may charge a reasonable fee for supplying a copy of a report, or part of a report, under subsection (7).                  

(9)The following information must not be included in a version of the report sent to a person under subsection (5) or published                           under subsection (6)—                  

(a)the name of a person other than the provider to whom the complaint relates;                  

(b)information which, in the opinion of the Ombudsman, is likely to identify such a person and which, in the Ombudsman's opinion,                           can be omitted without impairing the effectiveness of the report.                  

(10)Subsection (9) does not apply if, after taking account of the interests of the person aggrieved and any other persons the                           Ombudsman thinks appropriate, the Ombudsman considers that it would be in the public interest to include that information                           in that version of the report.                  

##### Special reportsE+W

###### 34OCircumstances in which special reports may be prepared

(1)The Ombudsman may prepare a special report under section 34P if case 1, 2 or 3 applies.                  

(2)Case 1 applies if—                  

(a)the Ombudsman has concluded in an investigation report that the person aggrieved has sustained injustice or hardship as a                           result of the matter investigated, and                  

(b)one of the circumstances in subsection (3) applies.                  

(3)The circumstances are that—                  

(a)the Ombudsman has not received the notification required under section 34M before the end of the period permitted under that                           section;                  

(b)the Ombudsman has received that notification but is not satisfied with—                  

(i)the action which the provider has taken or proposes to take, or                  

(ii)the period before the end of which the provider proposes to have taken that action;                  

(c)the Ombudsman has received that notification but is not satisfied that the provider has, before the end of the permitted period,                           taken the action that the provider proposed to take.                  

(4)In subsection (3)(c) “the permitted period” means—                  

(a)the period referred to in section 34M(2)(b), or                  

(b)a longer period specified by the Ombudsman in writing (if any).                  

(5)Case 2 applies if—                  

(a)the Ombudsman has prepared a report under section 34N by virtue of subsection (2) of that section, and                  

(b)he or she is not satisfied that the provider has implemented the Ombudsman's recommendations before the end of the permitted                           period.                  

(6)In subsection (5)(b) “the permitted period” means—                  

(a)the period referred to in section 34N(2)(b), or                  

(b)a longer period specified by the Ombudsman in writing (if any).                  

(7)Case 3 applies if—                  

(a)a complaint in respect of a provider has been resolved under section 34C,                  

(b)in resolving the complaint, the Ombudsman has concluded that the person aggrieved has sustained injustice or hardship as a                           result of the matter complained of,                  

(c)the provider has agreed to take particular action before the end of a particular period, and                  

(d)the Ombudsman is not satisfied that the provider has taken that action before the end of the permitted period.                  

(8)In subsection (7)(d) “the permitted period” means—                  

(a)the period referred to in subsection (7)(c), or                  

(b)a longer period specified by the Ombudsman in writing (if any).                  

###### 34PSpecial reports

(1)A special report must—                  

(a)set out the facts which entitle the Ombudsman to prepare the special report (that is, the facts on the basis of which case                           1, 2 or 3 of section 34O applies), and                  

(b)make such recommendations as the Ombudsman thinks fit as to the action which, in his or her opinion, should be taken—                  

(i)to remedy the injustice or hardship to the person aggrieved, and                  

(ii)to prevent similar injustice or hardship being caused in the future.                  

(2)If the special report is prepared because case 1 of section 34O applies, the Ombudsman must send a copy of the report to each                           person to whom a copy of the section 34K report was sent under section 34K(2)(b).                  

(3)If the special report is prepared because case 2 or 3 of section 34O applies, the Ombudsman must send a copy of the report                           to the person who made the complaint and the provider to whom the complaint relates.                  

(4)The Ombudsman may send a copy of a special report to any other persons he or she thinks appropriate.                  

(5)The Ombudsman may publish a special report.                  

(6)The Ombudsman may supply a copy of a published special report, or a part of such a report, to any person who requests it.                  

(7)The Ombudsman may charge a reasonable fee for supplying a copy of a special report, or part of such a report, under subsection                           (6).                  

(8)The following information must not be included in a version of a special report sent to a person under subsection (2), (3)                           or (4) or published under subsection (5)—                  

(a)the name of any person other than the provider in respect of whom the complaint was made;                  

(b)information which, in the opinion of the Ombudsman, is likely to identify any such person and which, in the Ombudsman's opinion,                           can be omitted without impairing the effectiveness of the special report.                  

(9)Subsection (8) does not apply if, after taking account of the interests of the person aggrieved and any other persons the                           Ombudsman thinks appropriate, the Ombudsman considers that it would be in the public interest to include that information                           in that version of the special report.                  

###### 34QFurther publicity for special reports

(1)The Ombudsman may arrange for a notice about a special report to be published—                  

(a)in one or more newspapers, or                  

(b)by means of broadcast or other electronic media.                  

(2)The notice may, for example—                  

(a)provide a summary of the Ombudsman's findings,                  

(b)specify an address or addresses at which a copy of the published report can be inspected during ordinary office hours and                           from which a copy of that report (or part of that report) may be obtained, and                  

(c)specify a website address at which a copy of the published report can be viewed.                  

(3)The provider to whom the report relates must, if required to do so by the Ombudsman, reimburse the Ombudsman for the reasonable                           costs of arranging the publication of the notice.                  

(4)In deciding whether to make arrangements under subsection (1), the Ombudsman must take into account—                  

(a)the public interest,                  

(b)the interests of the person aggrieved, and                  

(c)the interests of any other person the Ombudsman thinks appropriate.                  

##### InterpretationE+W

###### 34RMeaning of “care home” and “care home provider”

(1)This section applies for the purposes of this Act.                  

(2)“Care home” has the same meaning as in the Care Standards Act 2000.                  

(3)“Care home provider” means a person who carries on a care home.                  

(4)Action is to be treated as action taken by a care home provider if it is taken by—                  

(a)a person employed by that provider,                  

(b)a person acting on behalf of that provider, or                  

(c)a person to whom that provider has delegated any functions.                  

(5)Action is also to be treated as action taken by a care home provider if—                  

(a)that provider provides, by means of an arrangement with another person, accommodation, nursing or personal care in a care                           home in Wales for a person falling within section 3(2) of the Care Standards Act 2000, and                  

(b)the action is taken by or on behalf of the other person in carrying out the arrangement.                  

###### 34SMeaning of “domiciliary care” and “domiciliary care provider”

(1)This section applies for the purposes of this Act.                  

(2)“Domiciliary care” means personal care provided in their own homes for persons who by reason of illness, infirmity or disability are unable                           to provide it for themselves without assistance.                  

(3)“Domiciliary care provider” means a person who carries on an activity which involves the provision of domiciliary care, but it does not include an individual                           who—                  

(a)carries on the activity otherwise than in partnership with others,                  

(b)is not employed by a body corporate or unincorporated association to carry it on,                  

(c)does not employ any other person to carry out the activity, and                  

(d)provides or arranges the provision of domiciliary care to fewer than four persons.                  

(4)Action is to be treated as action taken by a domiciliary care provider if it is taken by—                  

(a)a person employed by that provider,                  

(b)a person acting on behalf of that provider, or                  

(c)a person to whom that provider has delegated any functions.                  

(5)Action is also to be treated as action taken by a domiciliary care provider if—                  

(a)that provider provides domiciliary care by means of an arrangement with another person, and                  

(b)the action is taken by or on behalf of the other person in carrying out the arrangement.                  

###### 34TMeaning of “palliative care service” and “independent palliative care provider”

(1)This section applies for the purposes of this Act.                  

(2)“Palliative care service” means a service the main purpose of which is to provide palliative care.                  

(3)“Independent palliative care provider” means a person who—                  

(a)provides a palliative care service, and                  

(b)is not a Welsh health service body.                  

(4)Action is to be treated as action taken by an independent palliative care provider if it is taken by—                  

(a)a person employed by that provider,                  

(b)a person acting on behalf of that provider, or                  

(c)a person to whom that provider has delegated any functions.                  

(5)Action is also to be treated as action taken by an independent palliative care provider if—                  

(a)that provider provides palliative care by means of an arrangement with another person, and                  

(b)the action is taken by or on behalf of the other person in carrying out the arrangement.                  

#### **PART 2B**E+WINVESTIGATION OF COMPLAINTS: SUPPLEMENTARY

##### Consultation and co-operationE+W

###### 34UConsultation and co-operation with other ombudsmen

(1)This section applies if, in making a decision under section 2(5) or 34B(8) or conducting an investigation under Part 2 or                           2A, the Ombudsman forms the opinion that a matter which is the subject of the complaint or investigation could be the subject                           of an investigation by an ombudsman mentioned in subsection (7).                  

(2)The Ombudsman must consult that ombudsman about the matter.                  

(3)The Ombudsman may co-operate with that ombudsman in relation to the matter.                  

(4)Consultation under subsection (2), and co-operation under subsection (3), may extend to anything relating to a matter which                           is the subject of the complaint or investigation, including (among other things)—                  

(a)the conduct of an investigation into the complaint, and                  

(b)the form, content and publication of a report of the investigation.                  

(5)If the Ombudsman consults an ombudsman about a matter under subsection (2), the Ombudsman and that ombudsman may—                  

(a)conduct a joint investigation into the matter,                  

(b)prepare a joint report in relation to the investigation, and                  

(c)publish the joint report.                  

(6)Subsection (5) does not apply if the ombudsman consulted under subsection (2) is the Scottish Public Services Ombudsman.                  

(7)The ombudsmen referred to in subsection (1) are—                  

(a)the Parliamentary Commissioner for Administration;                  

(b)the Health Service Commissioner for England;                  

(c)a Local Commissioner;                  

(d)the Scottish Public Services Ombudsman;                  

(e)a housing ombudsman appointed in accordance with a scheme approved under section 51 of the Housing Act 1996;                  

(f)the Children's Commissioner for Wales.                  

(8)The Welsh Ministers may by order amend subsection (7) by—                  

(a)adding a person,                  

(b)omitting a person, or                  

(c)changing the description of a person.                  

(9)An order under subsection (8) may add a person to subsection (7) only if the person appears to the Welsh Ministers to have                           functions relating to the investigation of complaints.                  

(10)No order is to be made under subsection (8) unless a draft of the statutory instrument containing it has been laid before                           and approved by a resolution of the Assembly.                  

###### 34VWorking jointly with other Commissioners

(1)This section applies where it appears to the Ombudsman that—                  

(a)there is a complaint in respect of a matter which he or she is entitled to investigate, and                  

(b)the matter is one which could also be the subject of an examination by the Commissioner for Older People in Wales or the Welsh                           Language Commissioner.                  

(2)Where the Ombudsman considers it appropriate, he or she must (as respects the Commissioner for Older People in Wales) or may                           (as respects the Welsh Language Commissioner)—                  

(a)inform the Commissioner about the matter, and                  

(b)consult him or her in relation to it.                  

(3)Where the Ombudsman consults a Commissioner under this section, the Ombudsman and the Commissioner may—                  

(a)co-operate with each other in relation to the matter,                  

(b)conduct a joint investigation into the matter, and                  

(c)prepare and publish a joint report in relation to the investigation.                  

###### 34WWorking collaboratively with other Commissioners

(1)This section applies where it appears to the Ombudsman that a complaint relates to or raises a matter which could be the subject                           of an examination by the Commissioner for Older People in Wales or the Welsh Language Commissioner (“the connected matter”).                  

(2)Where the Ombudsman considers it appropriate, he or she must (as respects the Commissioner for Older People in Wales) or may                           (as respects the Welsh Language Commissioner) inform the Commissioner about the connected matter.                  

(3)Where the Ombudsman considers that the complaint also relates to or raises a matter into which he or she is entitled to conduct                           an investigation (“the Ombudsman matter”), the Ombudsman must (as respects the Commissioner for Older People in Wales) or                           may (as respects the Welsh Language Commissioner) also if he or she considers it appropriate—                  

(a)inform the Commissioner about the Ombudsman's proposals for conducting an investigation into the complaint, and                  

(b)consult the Commissioner about those proposals.                  

(4)Where the Ombudsman and the Commissioner consider that they are entitled to investigate, respectively, the Ombudsman matter                           and the connected matter, they may—                  

(a)co-operate with each other in the separate investigation of each of those matters,                  

(b)act together in the investigation of those matters, and                  

(c)prepare and publish a joint report containing their respective conclusions in relation to the matters they have each investigated.                  

(5)Where the Ombudsman considers—                  

(a)that the complaint does not relate to or raise a matter into which he or she is entitled to conduct an investigation, and                  

(b)that it is appropriate to do so,                  

the Ombudsman must (as respects the Commissioner for Older People in Wales) or may (as respects the Welsh Language Commissioner)                        inform the person who initiated the complaint about how to secure the referral of the connected matter to the Commissioner.                  

##### DisclosureE+W

###### 34XDisclosure of information

(1)The information to which this section applies is—                  

(a)information obtained by the Ombudsman, a member of the Ombudsman's staff or another person acting on the Ombudsman's behalf                           or assisting the Ombudsman in the discharge of his or her functions—                  

(i)in deciding whether to begin an investigation,                  

(ii)in the course of an investigation, or                  

(iii)in resolving a complaint under section 3 or 34C;                  

(b)information obtained from an ombudsman mentioned in section 34U(7) by virtue of any provision of section 34U or a corresponding                           provision in an enactment relating to any of those ombudsmen;                  

(c)information obtained from the Commissioner for Older People in Wales by virtue of section 34V or 34W of this Act or section                           16 or 17 of the Commissioner for Older People (Wales) Act 2006 (working with other ombudsmen);                  

(d)information obtained from the Welsh Language Commissioner by virtue of section 34V or 34W of this Act or section 22 of the                           Welsh Language (Wales) Measure 2011 (power to disclose information);                  

(e)information obtained from the Information Commissioner by virtue of section 76 of the Freedom of Information Act 2000 (disclosure                           between Information Commissioner and ombudsmen).                  

(2)The information must not be disclosed except—                  

(a)for the purposes of deciding whether to begin an investigation;                  

(b)for the purposes of an investigation;                  

(c)for the purposes of resolving a complaint under section 3 or 34C;                  

(d)for the purposes of a statement or report made in relation to a complaint or investigation;                  

(e)for the purposes of any provision of section 34U, 34V or 34W;                  

(f)for the purposes of proceedings for—                  

(i)an offence under the Official Secrets Act 1911 to 1989 alleged to have been committed by the Ombudsman, a member of the Ombudsman's                           staff or other person acting on the Ombudsman's behalf or assisting the Ombudsman in the discharge of any of his of her functions;                  

(ii)an offence of perjury alleged to have been committed in the course of an investigation;                  

(g)for the purposes of an inquiry with a view to the taking of proceedings mentioned in paragraph (f);                  

(h)for the purpose of proceedings under section 15 or 34J;                  

(i)in the case of information to the effect that a person is likely to constitute a threat to the health or safety of one or                           more persons, to any person to whom the Ombudsman thinks it should be disclosed in the public interest;                  

(j)in the case of information to which subsection (3) applies, to the Information Commissioner.                  

(3)This subsection applies to information if it appears to the Ombudsman to relate to—                  

(a)a matter in respect of which the Information Commissioner could exercise a power conferred by an enactment mentioned in subsection                           (4), or                  

(b)the commission of an offence mentioned in subsection (5).                  

(4)The enactments are—                  

(a)Part 5 of the Data Protection Act 1998 (enforcement);                  

(b)section 48 of the Freedom of Information Act 2000 (practice recommendations);                  

(c)Part 4 of that Act.                  

(5)The offences are those under—                  

(a)any provision of the Data Protection Act 1998 other than paragraph 12 of Schedule 9 to that Act (obstruction of execution                           of warrant);                  

(b)section 77 of the Freedom of Information Act 2000 (offence of altering etc records with intent to prevent disclosure).                  

(6)No person may be called upon to give evidence in any proceedings (other than proceedings mentioned in subsection (2)) of information                           obtained by that person as mentioned in subsection (1)(a) or (b).                  

###### 34YDisclosure prejudicial to safety of State or contrary to public interest

(1)A Minister of the Crown may give notice to the Ombudsman with respect to—                  

(a)any document or information specified in the notice, or                  

(b)any class of document or information so specified,                  

that, in the opinion of the Minister, the disclosure of that document or information, or of documents or information of that                        class, would be prejudicial to the safety of the State or otherwise contrary to the public interest.                  

(2)If a notice is given under subsection (1), nothing in this Act is to be construed as authorising or requiring the Ombudsman,                           a member of the Ombudsman's staff or another person acting on the Ombudsman's behalf or assisting the Ombudsman in the discharge                           of his or her functions to disclose to any person or for any purpose any document or information, or class of document or                           information, specified in the notice.                  

###### 34ZProtection from defamation claims

(1)For the purposes of the law of defamation, the following are absolutely privileged—                  

(a)the publication of a matter, in the discharge of any of the Ombudsman's functions under this Act, by the Ombudsman, a member                           of the Ombudsman's staff or another person acting on the Ombudsman's behalf or assisting the Ombudsman in the discharge of                           any of his or her functions;                  

(b)the publication of a matter by a person in the discharge of functions under section 17;                  

(c)the publication of a matter in connection with a complaint made or referred to the Ombudsman under this Act, in communications                           between—                  

(i)a listed authority, a member or co-opted member of a listed authority, an officer or member of the staff of a listed authority                           or another person acting on behalf of a listed authority or assisting it in the discharge of any of its functions, and                  

(ii)the Ombudsman, a member of the Ombudsman's staff or another person acting on the Ombudsman's behalf or assisting the Ombudsman                           in the discharge of any of his or her functions;                  

(d)the publication of a matter in connection with a complaint made or referred to the Ombudsman under this Act, in communications                           between—                  

(i)a care home provider, domiciliary care provider or independent palliative care provider, an officer or member of staff of                           such a provider or another person acting on behalf of such a provider or assisting it in the discharge of any of its functions,                           and                  

(ii)the Ombudsman, a member of the Ombudsman's staff or another person acting on the Ombudsman's behalf or assisting the Ombudsman                           in the discharge of any of his or her functions;                  

(e)the publication of a matter in connection with a complaint made or referred (or to be made or referred) by or on behalf of                           a person to the Ombudsman under this Act, in communications between a person and an Assembly member;                  

(f)the publication of a matter in connection with a complaint made or referred (or to be made or referred) by or on behalf of                           a person to the Ombudsman under this Act, in communications between—                  

(i)the person, and                  

(ii)the Ombudsman, a member of the Ombudsman's staff or another person acting on the Ombudsman's behalf or assisting the Ombudsman                           in the discharge of any of his or her functions.                  

(2)For the purposes of subsection (1)(d)(i) a person is an officer of a provider if he or she has control or management of a                           provider which is not an individual or the affairs of such a provider.”                  

Commencement Information

I125Sch. 3 para. 2 in force at 1.11.2014 by S.I. 2014/2718, **art. 2(b)**

3E+WUntil the coming into force of Part 5 of the Welsh Language (Wales) Measure 2011, sections 34V and 34W of the Public Services                        Ombudsman (Wales) Act 2005 have effect with the omission of the following words (wherever occurring)— “ or the Welsh Language Commissioner ”; “ or may (as respects the Welsh Language Commissioner) ”.

Commencement Information

I126Sch. 3 para. 3 in force at 1.11.2014 by S.I. 2014/2718, **art. 2(b)**

4E+WAfter Schedule 3 (listed authorities) insert—

#### “SCHEDULE 3AE+WEXCLUDED MATTERS: PART 2A

1The commencement or conduct of proceedings before a court of competent jurisdiction.

2Action taken in respect of appointments or removals, pay, discipline, superannuation or other personnel matters.”

Commencement Information

I127Sch. 3 para. 4 in force at 1.11.2014 by S.I. 2014/2718, **art. 2(b)**

### **PART 2**E+WMINOR AND CONSEQUENTIAL AMENDMENTS RELATING TO THE OMBUDSMAN

#### Local Government Act 1974E+W

5E+WThe Local Government Act 1974 is amended as follows.

Commencement Information

I128Sch. 3 para. 5 in force at 1.11.2014 by S.I. 2014/2718, **art. 2(b)**

6E+WIn section 29 (investigations: further provisions), in subsection (5), for “26” substitute “ 34X ”.

Commencement Information

I129Sch. 3 para. 6 in force at 1.11.2014 by S.I. 2014/2718, **art. 2(b)**

7E+WIn section 33 (consultation between Local Commissioner, the Parliamentary Commissioner and the Health Service Commissioners                        and other Commissioners and Ombudsmen), in subsection (5), for “26” substitute “ 34X ”.

Commencement Information

I130Sch. 3 para. 7 in force at 1.11.2014 by S.I. 2014/2718, **art. 2(b)**

8E+WIn section 34G (investigations: further provisions), in subsection (2), for “26” substitute “ 34X ”.

Commencement Information

I131Sch. 3 para. 8 in force at 1.11.2014 by S.I. 2014/2718, **art. 2(b)**

9E+WIn section 34M (consultation with other Commissioners), in subsection (7), in paragraph (d), for “26” substitute “ 34X ”.

Commencement Information

I132Sch. 3 para. 9 in force at 1.11.2014 by S.I. 2014/2718, **art. 2(b)**

#### Local Government Act 2000E+W

10E+WThe Local Government Act 2000 is amended as follows.

Commencement Information

I133Sch. 3 para. 10 in force at 1.11.2014 by S.I. 2014/2718, **art. 2(b)**

11E+WSection 67 (consultation with ombudsmen) has effect, until the repeal of that section by Part 5 of Schedule 25 to the Localism                        Act 2011 is brought fully into force, with the following amendments—

(a)in subsection (2A), after “Part 2” insert “ or 2A ”, and

(b)in subsection (4), for “26” substitute “ 34X ”.

Commencement Information

I134Sch. 3 para. 11 in force at 1.11.2014 by S.I. 2014/2718, **art. 2(b)**

12E+WIn section 70 (investigations: further provisions), in subsection (2), in paragraph (b), for “, 25 to 27 and 32” substitute                        “ and Part 2B ”.

Commencement Information

I135Sch. 3 para. 12 in force at 1.11.2014 by S.I. 2014/2718, **art. 2(b)**

#### Public Services Ombudsman (Wales) Act 2005E+W

13E+WThe Public Services Ombudsman (Wales) Act 2005 is amended as follows.

Commencement Information

I136Sch. 3 para. 13 in force at 1.11.2014 by S.I. 2014/2718, **art. 2(b)**

14E+WIn the heading to Part 2 (investigation of complaints), after “COMPLAINTS” insert “ RELATING TO LISTED AUTHORITIES ”.

Commencement Information

I137Sch. 3 para. 14 in force at 1.11.2014 by S.I. 2014/2718, **art. 2(b)**

15E+WIn section 2 (power of investigation)—

(a)in subsection (1), after “complaint” (in the first place it occurs) insert “ under this Part ”, and

(b)in subsection (4), after “complaint” (in the first place it occurs) insert “ under this Part ”.

Commencement Information

I138Sch. 3 para. 15 in force at 1.11.2014 by S.I. 2014/2718, **art. 2(b)**

16E+WIn section 4 (who can complain), in subsection (1)—

(a)in the words before paragraph (a), after “Ombudsman” insert “ under this Part ”, and

(b)in paragraph (a), for “Act” substitute “ Part ”.

Commencement Information

I139Sch. 3 para. 16 in force at 1.11.2014 by S.I. 2014/2718, **art. 2(b)**

17E+WIn section 7 (matters which may be investigated), in subsection (1), after “investigate” insert “ under this Part ”.

Commencement Information

I140Sch. 3 para. 17 in force at 1.11.2014 by S.I. 2014/2718, **art. 2(b)**

18E+WIn section 9 (exclusion: other remedies)—

(a)in subsection (1), after “matter” (in the first place it occurs) insert “ under this Part ”, and

(b)in subsection (3), after “matter” (in the first place it occurs) insert “ under this Part ”.

Commencement Information

I141Sch. 3 para. 18 in force at 1.11.2014 by S.I. 2014/2718, **art. 2(b)**

19E+WIn section 10 (other excluded matters), in subsection (1), after “investigate” insert “ under this Part ”.

Commencement Information

I142Sch. 3 para. 19 in force at 1.11.2014 by S.I. 2014/2718, **art. 2(b)**

20E+WIn section 14 (information, documents, evidence and facilities), before subsection (1) insert—

“(A1)This section applies in relation to investigations conducted under this Part.”                  

Commencement Information

I143Sch. 3 para. 20 in force at 1.11.2014 by S.I. 2014/2718, **art. 2(b)**

21E+WIn section 23 (special reports: supplementary)—

(a)in subsection (1), in paragraph (a), after “report” insert “ made under section 22 ”, and

(b)in subsection (7), after “report” (in the first place it occurs) insert “ under section 22 ”.

Commencement Information

I144Sch. 3 para. 21 in force at 1.11.2014 by S.I. 2014/2718, **art. 2(b)**

22E+WOmit the italic cross-heading before section 25 (consultation and co-operation).

Commencement Information

I145Sch. 3 para. 22 in force at 1.11.2014 by S.I. 2014/2718, **art. 2(b)**

23E+WOmit sections 25 to 25B (consultation and co-operation).

Commencement Information

I146Sch. 3 para. 23 in force at 1.11.2014 by S.I. 2014/2718, **art. 2(b)**

24E+WOmit the italic cross-heading before section 26 (disclosure).

Commencement Information

I147Sch. 3 para. 24 in force at 1.11.2014 by S.I. 2014/2718, **art. 2(b)**

25E+WOmit sections 26 and 27 (disclosure of information).

Commencement Information

I148Sch. 3 para. 25 in force at 1.11.2014 by S.I. 2014/2718, **art. 2(b)**

26E+WOmit section 32 (protection from defamation claims).

Commencement Information

I149Sch. 3 para. 26 in force at 1.11.2014 by S.I. 2014/2718, **art. 2(b)**

27E+WIn section 41 (interpretation), in subsection (1)—

(a)in the definition of “investigation”, after “section 2” insert “ or 34B ”,

(b)in the definition of “the person aggrieved”—

(i)after “aggrieved”” insert “ in Part 2 ”, and

(ii)after “section 4(1)(a)” insert “ and in Part 2A has the meaning given in section 34D(1)(a) ”,

(c)in the definition of “special report”—

(i)after “report” insert “ in Part 2 ”, and

(ii)after “section 22” insert “ and in Part 2A has the meaning given in section 34P ”, and

(d)insert, in the appropriate places—

““care home” has the meaning given by section 34R(2);”;                  

““care home provider” has the meaning given by section 34R(3);”;                  

““domiciliary care” has the meaning given by section 34S(2);”;                  

““domiciliary care provider” has the meaning given by section 34S(3);”;                  

““independent palliative care provider” has the meaning given by section 34T(3);”;                  

““palliative care service” has the meaning given by section 34T(2);”.                  

Commencement Information

I150Sch. 3 para. 27 in force at 1.11.2014 by S.I. 2014/2718, **art. 2(b)**

28E+WIn the heading to section 42 (former health care providers and social landlords: modifications), for “and social landlords”                        substitute “ social landlords, social care providers and palliative care providers ”.

Commencement Information

I151Sch. 3 para. 28 in force at 1.11.2014 by S.I. 2014/2718, **art. 2(b)**

29(1)Section 42 (former health care providers and social landlords: modifications) is amended as follows.E+W

(2)In subsection (1), after paragraph (c) insert—

“(d)former care home providers in Wales;                  

(e)former domiciliary care providers in Wales;                  

(f)former independent palliative care providers in Wales.”                  

(3)After subsection (4) insert—

“(4A)“Former care home provider in Wales” means a person who—                  

(a)at the relevant time, provided accommodation, nursing or personal care of a particular description at a care home (within                           the meaning given by the Care Standards Act 2000) in Wales, and                  

(b)subsequently ceased to do so (whether or not the person has later started to do so again).                  

(4B)“Former domiciliary care provider in Wales” means a person who—                  

(a)at the relevant time, provided domiciliary care services of a particular description in Wales, and                  

(b)subsequently ceased to do so (whether or not the person has later started to provide those services again).                  

(4C)“Former independent palliative care provider in Wales” means a person who—                  

(a)at the relevant time, provided a palliative care service of a particular description in Wales, and                  

(b)subsequently ceased to do so (whether or not the person has later started to do so again).”                  

Commencement Information

I152Sch. 3 para. 29 in force at 1.11.2014 by S.I. 2014/2718, **art. 2(b)**

30(1)Schedule 1 (Public Services Ombudsman for Wales: appointment etc) is amended as follows.E+W

(2)In paragraph 5—

(a)in sub-paragraph (1), after paragraph (e) insert—

“(f)he is a care home provider, domiciliary care provider or independent palliative care provider;                  

(g)he is an officer or member of staff of a provider of that kind.”;                  

(b)after sub-paragraph (1) insert—

“(1A)For the purposes of sub-paragraph (1)(g) a person is an officer of a provider if he or she has control or management of a                           provider which is not an individual or the affairs of such a provider.”                  

(3)In paragraph 14, in sub-paragraph (7)(a), after “authority” insert “ , care home provider, domiciliary care provider or independent palliative care provider ”.

Commencement Information

I153Sch. 3 para. 30 in force at 1.11.2014 by S.I. 2014/2718, **art. 2(b)**

31E+WIn the title to Schedule 2, after “MATTERS” insert “ : PART 2 ”.

Commencement Information

I154Sch. 3 para. 31 in force at 1.11.2014 by S.I. 2014/2718, **art. 2(b)**

#### Commissioner for Older People (Wales) Act 2006E+W

32E+WThe Commissioner for Older People (Wales) Act 2006 is amended as follows.

Commencement Information

I155Sch. 3 para. 32 in force at 1.11.2014 by S.I. 2014/2718, **art. 2(b)**

33E+WIn section 18 (power to disclose information), in subsection (1), in paragraph (b), for “25A” substitute “ 34V ”.

Commencement Information

I156Sch. 3 para. 33 in force at 1.11.2014 by S.I. 2014/2718, **art. 2(b)**

34E+WIn Schedule 4 (minor and consequential amendments), in paragraph 2, omit sub-paragraphs (2) and (3).

Commencement Information

I157Sch. 3 para. 34 in force at 1.11.2014 by S.I. 2014/2718, **art. 2(b)**

#### Government of Wales Act 2006E+W

35E+WIn Schedule 10 to the Government of Wales Act 2006 (minor and consequential amendments), omit paragraph 77.

Commencement Information

I158Sch. 3 para. 35 in force at 1.11.2014 by S.I. 2014/2718, **art. 2(b)**

#### Welsh Language (Wales) Measure 2011E+W

36(1)Schedule 3 to the Welsh Language (Wales) Measure 2011 (amendments about joint and collaborative working) is amended as follows.E+W

(2)Omit the italic cross-heading before paragraph 4 (Public Services Ombudsman (Wales) Act 2005).

(3)Omit paragraphs 4 to 6.

Commencement Information

I159Sch. 3 para. 36 in force at 1.11.2014 by S.I. 2014/2718, **art. 2(b)**