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Assembly powers tracking notes (May 2007 - March 2011)

Field 15: Social welfare

Schedule 5 to the Government of Wales Act 2006 could be amended to add specific 'matters' to broad subject 'fields', thereby extending the legislative competence of the Assembly and providing more policy areas in which it was possible to make Measures.

This tracking note provides an updated log of amendments, both proposed and enacted, to Field 15 of Schedule 5. This field relates to social welfare.

Field 15 | NAFW

Matter

Source

15.1  Charges levied by local authorities for social care services provided or secured by them and payments in respect of individuals with needs relating to their well-being so that they, or any other person, may secure social care services to meet those needs.

This matter does not include charges and payments for residential care.

National Assembly for Wales (Legislative Competence) (Social Welfare) Order 2008 (came into force 10/07/08)

and amended by the National Assembly for Wales (Legislative Competence) (Social Welfare and Other Fields) Order 2008 (came into force 11/12/08)

and amended by the National Assembly for Wales (Legislative Competence) (Social Welfare) Order 2009 (came into force 19/11/09)

15.2  Functions of public authorities relating to - (a) safeguarding children from harm and neglect; (b) safeguarding and promoting the well-being of vulnerable children; (c) reducing inequalities in well-being between children or young persons.

National Assembly for Wales (Legislative Competence) (Social Welfare and Other Fields) Order 2008

Came into force 11/12/08

15.3  Adoption services and special guardianship support services.

as above

15.4  Fostering.

as above

15.5  Social care services for any of the following - (a) children; (b) persons who care for, or who are about to care for, children; (c) young persons; (d) persons formerly looked after - (i) who have attained the age of 25, and (ii) who, immediately before attaining that age, have been pursuing, or intending to pursue, education or training.

as above

15.6  Co-operation and arrangements to safeguard and promote the well-being of children or young persons.

This matter applies to co-operation by, and arrangements made by, - (a) public authorities whose principal functions relate to any one or more of the fields in this part; (b) police authorities and chief officers of police for police areas in Wales; (c) the British Transport Police Authority; (d) local probation boards for areas in Wales; (e) the Secretary of State, in relation to the Secretary of State’s functions under sections 2 and 3 of the Offender Management Act 2007, or any provider of probation services under arrangements made under section 3(2) of that Act; (f) youth offending teams for areas in Wales; (g) the governors of prisons, young offender institutions or secure training centres in Wales (or, in the case of contracted out prisons, young offender institutions or secure training centres or contracted out parts of such institutions, their directors); (h) persons other than public authorities who are engaged in activities relating to the well-being of children or young persons.

as above

15.7  Planning by local authorities for the discharge of their functions relating to the well-being of children or young persons.

as above

15.8  Continuing, dissolving or creating an office or body concerned with safeguarding and promoting the well-being of children or young persons; the functions of such an office or body, including in particular - (a) reviewing the effect on children or young persons of the exercise by any person of functions related to their well-being; (b) reviewing and monitoring - (i) advocacy services; (ii) arrangements for dealing with complaints and representations made by, or on behalf of, children or young persons in respect of persons with functions related to their well-being or persons providing them with social care services; (c) examining cases of particular children or young persons; (d) considering, and making representations about, any matter affecting the well-being of children or young persons.

as above

15.9  Supporting the provision of care by carers and promoting the well-being of carers. This matter includes (but is not limited to) social care services to help carers. In this matter “carers” means individuals who provide or intend to provide a substantial amount of care on a regular basis for—(a) a child with a physical or mental impairment, or (b) an individual aged 18 or over,but it does not include individuals who provide or intend to provide care—(a) by virtue of a contract of employment or other contract with any person, or(b) as a volunteer for a body (whether or not incorporated).

National Assembly for Wales (Legislative Competence) (Social Welfare) Order 2009

Came into force 19/11/09

15.10  Social care services connected to mental health.

This matter does not include the independent mental capacity advocacy services established by Part 1 of the Mental Capacity Act 2005.

National Assembly for Wales (Legislative Competence) (Health and Health Services and Social Welfare) Order 2010

Came into force: 11/02/10

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The above information is compiled by the Research Service.

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