# 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:**                        

## **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)

C1S. 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

#### 34. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

### 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

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

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

### 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

#### 46. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 47. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 48. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 49. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

### Direct paymentsE+W

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

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

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

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

### 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

I28S. 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

I29S. 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

I30S. 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

I31S. 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

I32S. 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

I33S. 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

I34S. 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

I35S. 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

I36S. 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

I37S. 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

I38S. 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

I39S. 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

I40S. 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

I41S. 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

I42S. 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

I43S. 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

I44S. 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

F4S. 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

I45S. 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

F5Words 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)**

F6Words 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

I46S. 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

I47S. 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

I48S. 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

I49S. 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)

C2S. 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

I50S. 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)

C3S. 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

I51S. 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

I52S. 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

I53S. 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

I54S. 85 in force at 6.4.2016 by S.I. 2016/412, **art. 2** (with art. 4, Schs. 1, 2)

#### [F7 86 Children’s homes provided, equipped and maintained by Welsh Ministers or Secretary of StateE+W

Textual Amendments

F7S. 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

I55S. 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

I56S. 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

I57S. 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

I58S. 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

I59S. 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

I60S. 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

I61S. 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

F8Words 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

I62S. 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

I63S. 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

F9Words 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)

C4S. 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

I64S. 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

I65S. 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

I66S. 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

I67S. 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

I68S. 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

I69S. 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

I70S. 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

I71S. 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

I72S. 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

I73S. 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)

C5Ss. 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

I74S. 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)

C5Ss. 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

I75S. 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)

C5Ss. 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. 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)

C5Ss. 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. 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)

C5Ss. 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. 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)

C5Ss. 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. 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)

C5Ss. 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. 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)

C5Ss. 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. 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)

C5Ss. 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. 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)

C5Ss. 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. 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)

C5Ss. 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. 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)

C5Ss. 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. 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

I86S. 117 in force at 6.4.2016 by S.I. 2016/412, **art. 2** (with art. 4, Schs. 1, 2)

#### 118InformationE+W

Commencement Information

I87S. 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

F10Words 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)**

F11Words 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)**

F12S. 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)

C6S. 119 excluded (6.4.2016) by The Children (Secure Accommodation) (Wales) Regulations 2015 (S.I. 2015/1988), regs. 1(2), **14**

C7S. 119 modified (6.4.2016) by The Children (Secure Accommodation) (Wales) Regulations 2015 (S.I. 2015/1988), regs. 1(2), **15**

C8S. 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

I88S. 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

F13Words 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

I89S. 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

I90S. 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 F14...E+W

Textual Amendments

F14Words 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)**

F15Words 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)**

F16Words 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

I91S. 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 F17...E+W

Textual Amendments

F17Words 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)**

F18Words 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

I92S. 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

I93S. 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

I94S. 125 in force at 6.4.2016 by S.I. 2016/412, **art. 2** (with art. 4, Schs. 1, 2)

### [F19Jurisdiction and procedureE+W

Textual Amendments

F19Ss. 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

I95S. 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

I96S. 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

I97S. 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

I98S. 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

I99S. 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

I100S. 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

I101S. 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

I102S. 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

I103S. 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

I104S. 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

I105S. 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

I106S. 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

I107S. 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

I108S. 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

I109S. 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

I110S. 158 in force at 6.4.2016 by S.I. 2016/412, **art. 2** (with art. 4, Schs. 1, 2)

#### 159DirectionsE+W

Commencement Information

I111S. 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

I112S. 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

I113S. 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

## **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

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

### 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

#### 193. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 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

F24 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

F25 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.

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

##### Investigation of complaintsE+W

###### 34BPower to investigate complaints

###### 34CAlternative resolution of complaints

###### 34DWho can complain

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

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

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

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

##### Investigation procedure and evidenceE+W

###### 34HInvestigation procedure

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

###### 34JObstruction and contempt

##### Reports about investigationsE+W

###### 34KInvestigation reports

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

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

###### 34NReports: alternative procedure

##### Special reportsE+W

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

###### 34PSpecial reports

###### 34QFurther publicity for special reports

##### InterpretationE+W

###### 34RMeaning of “care home” and “care home provider”

###### 34SMeaning of “domiciliary care” and “domiciliary care provider”

###### 34TMeaning of “palliative care service” and “independent palliative care provider”

#### **PART 2B**E+WINVESTIGATION OF COMPLAINTS: SUPPLEMENTARY

##### Consultation and co-operationE+W

###### 34UConsultation and co-operation with other ombudsmen

###### 34VWorking jointly with other Commissioners

###### 34WWorking collaboratively with other Commissioners

##### DisclosureE+W

###### 34XDisclosure of information

###### 34YDisclosure prejudicial to safety of State or contrary to public interest

###### 34ZProtection from defamation claims

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) ”.

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.”

### **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.

6E+WIn section 29 (investigations: further provisions), in subsection (5), for “26” substitute “ 34X ”.

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 ”.

8E+WIn section 34G (investigations: further provisions), in subsection (2), for “26” substitute “ 34X ”.

9E+WIn section 34M (consultation with other Commissioners), in subsection (7), in paragraph (d), for “26” substitute “ 34X ”.

#### Local Government Act 2000E+W

10E+WThe Local Government Act 2000 is amended as follows.

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 ”.

12E+WIn section 70 (investigations: further provisions), in subsection (2), in paragraph (b), for “, 25 to 27 and 32” substitute                        “ and Part 2B ”.

#### Public Services Ombudsman (Wales) Act 2005E+W

13E+WThe Public Services Ombudsman (Wales) Act 2005 is amended as follows.

14E+WIn the heading to Part 2 (investigation of complaints), after “COMPLAINTS” insert “ RELATING TO LISTED AUTHORITIES ”.

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 ”.

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 ”.

17E+WIn section 7 (matters which may be investigated), in subsection (1), after “investigate” insert “ under this Part ”.

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 ”.

19E+WIn section 10 (other excluded matters), in subsection (1), after “investigate” insert “ under this Part ”.

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.”                  

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 ”.

22E+WOmit the italic cross-heading before section 25 (consultation and co-operation).

23E+WOmit sections 25 to 25B (consultation and co-operation).

24E+WOmit the italic cross-heading before section 26 (disclosure).

25E+WOmit sections 26 and 27 (disclosure of information).

26E+WOmit section 32 (protection from defamation claims).

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);”.                  

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 ”.

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).”                  

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 ”.

31E+WIn the title to Schedule 2, after “MATTERS” insert “ : PART 2 ”.

#### Commissioner for Older People (Wales) Act 2006E+W

32E+WThe Commissioner for Older People (Wales) Act 2006 is amended as follows.

33E+WIn section 18 (power to disclose information), in subsection (1), in paragraph (b), for “25A” substitute “ 34V ”.

34E+WIn Schedule 4 (minor and consequential amendments), in paragraph 2, omit sub-paragraphs (2) and (3).

#### Government of Wales Act 2006E+W

35E+WIn Schedule 10 to the Government of Wales Act 2006 (minor and consequential amendments), omit paragraph 77.

#### 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.