Search Legislation

Social Services and Well-being (Wales) Act 2014

Changes to legislation:

Social Services and Well-being (Wales) Act 2014, Cross Heading: General is up to date with all changes known to be in force on or before 18 August 2019. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

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), [F1149B(5), 149C(1),] 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;

[F2(d)the first regulations made under section 144A(2)(b);]

(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”) [F3means premises at which a care home service, within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016, is provided wholly or mainly to adults;]

  • carer” (“gofalwr”) has the meaning given by section 3;

  • child” (“plentyn”) has the meaning given by section 3;

  • F4children's home” (“cartref plant”) means, except in section 86, [F5premises at which a care home service, within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016, is provided wholly or mainly to children;]

  • 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;

  • [F6 “local authority foster parent” (“rhiant maeth awdurdod lleol”) means a person authorised as such in accordance with regulations made by virtue of—

    (a)

    sections 87 and 93;

    (b)

    paragraph 12F of Schedule 2 to the Children Act 1989 (regulations providing for approval of local authority foster parents);]

  • 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 [F7local authority]) 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;

[F8(b)a reference to a child looked after by a local authority in England has the same meaning as a reference in section 22 of the Children Act 1989 to a child who is looked after by a local authority in England;]

(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.

Textual Amendments

F4By The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2019 (S.I. 2019/772), regs. 1, 29, it is provided (29.4.2019) that, in the definition of “children’s home” in s. 197(1), paragraph (b) be substituted by “(b) a place in Wales in respect of which a person is registered under Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 to provide— (i) a care home service (within the meaning of paragraph 1 of Schedule 1 to that Act) wholly or mainly to children, or (ii) a secure accommodation service (within the meaning of paragraph 2 of Schedule 1 to that Act);

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.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act without Schedules as a PDF

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area. The revised version is currently only available in English.

Original (As Enacted or Made) - English: The original English language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Original (As Enacted or Made) - Welsh:The original Welsh language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Welsh Government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes accompany all Acts of the National Assembly for Wales.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources