http://www.legislation.gov.uk/id/anaw/2015/2

SCHEDULE 1ANNUAL REPORTS BY OTHER PUBLIC BODIES

(as introduced by section 13(1))

Public bodies: general

I531

1

A public body (other than the Welsh Ministers or one mentioned in sub-paragraph (3)) must publish, in respect of each financial year, a report of the progress it has made in meeting its well-being objectives.

2

A report under this paragraph must be published as soon as reasonably practicable following the end of the financial year to which the report relates.

3

This paragraph does not apply to—

a

a Local Health Board or NHS trust (as to which, see paragraph 2);

b

the Natural Resources Body for Wales (as to which, see paragraph 3).

Local Health Boards and NHS trusts

I542

1

A Local Health Board or NHS trust must publish, in respect of each accounting year, a report of the progress it has made in meeting its well-being objectives.

2

A report published under this paragraph must be published as soon as reasonably practicable following the end of the accounting year to which the report relates.

3

In this paragraph, “accounting year” in relation to a Local Health Board or NHS trust has the meaning given by the order—

a

made under section 11 of the National Health Service (Wales) Act 2006, establishing the Board, or

b

made under section 18 of that Act, establishing the trust.

The Natural Resources Body for Wales

I253

1

In the Schedule to the Natural Resources Body for Wales (Establishment) Order 2012 (S.I.2012/1903 (W. 230)), in paragraph 22(1)(a), after “year” insert “ including a report of the progress made by the authority in meeting its well-being objectives published under Part 2 of the Well-being of Future Generations (Wales) Act 2015 (anaw 2) ”.

2

The amendment made by sub-paragraph (1) does not affect the power of the Welsh Ministers to make a further order under sections 13 and 15 of the Public Bodies Act 2011 (c. 24) amending or revoking provision made by that amendment.

SCHEDULE 2THE FUTURE GENERATIONS COMMISSIONER FOR WALES

(as introduced by section 17(4))

Status

I21

1

The Commissioner is a corporation sole.

2

The Commissioner is not to be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown.

3

The Commissioner's property is not to be regarded as property of, or property held on behalf of, the Crown.

Validity of acts

I32

1

The validity of an act of an individual as Commissioner is not affected by a defect in the appointment of—

a

that individual;

b

any member of the advisory panel.

2

The validity of an act of a person exercising functions on behalf of the Commissioner is not affected by a defect in the appointment of—

a

that person;

b

the Commissioner;

c

any member of the advisory panel.

Duration of appointment

I43

An individual appointed as Commissioner holds office for a period of 7 years.

Terms of appointment

I54

The Commissioner holds office subject to—

a

the provisions of this Schedule, and

b

any additional terms of appointment as may be specified from time to time by the Welsh Ministers.

Remuneration, allowances and pensions

I65

1

The Welsh Ministers may pay remuneration to the Commissioner.

2

The Welsh Ministers may pay allowances (including travelling and subsistence allowances) and gratuities to the Commissioner.

3

The Welsh Ministers may pay—

a

pensions to, or in respect of, individuals who have been Commissioner, and

b

amounts for or towards provision of pensions to, or in respect of, individuals who have been Commissioner.

Disqualification

I76

1

An individual cannot be appointed as Commissioner if the individual is disqualified on any of the grounds specified in sub-paragraph (3).

2

An individual ceases to be Commissioner if the individual is disqualified on any of the grounds specified in sub-paragraph (3).

3

An individual is disqualified from being Commissioner if the individual is—

a

a Member of the National Assembly;

b

a member of the advisory panel;

c

the holder of any other office or position to which a person may be appointed, or recommended or nominated for appointment, by or on behalf of—

i

the Crown,

ii

the National Assembly, or

iii

the National Assembly for Wales Commission;

d

a Member of the House of Commons or House of Lords;

e

a Member of the Scottish Parliament;

f

a Member of the Northern Ireland Assembly;

g

a Member of the European Parliament;

h

a member of a county council, a county borough council or a community council in Wales;

i

a member of the Commissioner's staff.

End of appointment (other than through disqualification)

I87

1

The Commissioner may resign from office by giving the Welsh Ministers not less than 3 months' notice in writing of the Commissioner's intention to do so.

2

The Welsh Ministers may dismiss the Commissioner if satisfied that the Commissioner—

a

is unfit to continue as Commissioner, or

b

is unable or unwilling to exercise the Commissioner's functions.

Powers

I98

1

The Commissioner may do anything the Commissioner considers appropriate in connection with the Commissioner's functions, including—

a

charging for the provision of advice or other services;

b

paying third parties for the provision of advice or other services;

c

accepting gifts of money or other property.

2

The Commissioner must not—

a

provide financial assistance to any person;

b

acquire or dispose of any interest in land,

without the approval of the Welsh Ministers.

3

The Commissioner's power to charge for the provision of advice or another service is limited to charging such amounts as the Commissioner thinks appropriate to recover the actual or estimated costs to the Commissioner of providing that advice or service.

Staff

I109

1

The Commissioner may appoint such staff as the Commissioner considers appropriate in connection with the exercise of the Commissioner's functions and must appoint a member of staff to be the Deputy Commissioner (see paragraph 11).

2

The Commissioner may pay remuneration to the members of the Commissioner's staff.

3

The Commissioner may pay allowances (including travelling and subsistence allowances) and gratuities to the members of the Commissioner's staff.

4

The Commissioner may pay—

a

pensions to, or in respect of, persons who have been members of the Commissioner's staff, and

b

amounts for or towards provision of pensions to, or in respect of, persons who have been members of the Commissioner's staff.

5

The Commissioner must obtain the approval of the Welsh Ministers for—

a

the number of staff that may be appointed;

b

the terms and conditions of service of the staff;

c

any payments that may be made under sub-paragraphs (2) to (4).

Delegation

I1110

A function of the Commissioner may be discharged on the Commissioner's behalf by any person including any member of the Commissioner's staff, but only to the extent authorised by the Commissioner.

Deputy Commissioner

I1211

The functions of the Commissioner are exercisable by the Deputy Commissioner if—

a

the office of Commissioner is vacant, or

b

the Welsh Ministers are satisfied that for any reason the Commissioner is unable to exercise the functions of Commissioner.

Complaints procedure

I1312

1

The Commissioner must establish a procedure for the investigation of complaints about the exercise of the Commissioner's functions (“the complaints procedure”).

2

The complaints procedure must include provision about—

a

how a complaint may be made;

b

the person to whom a complaint may be made;

c

the period within which consideration of a complaint must begin and be concluded;

d

the action that the Commissioner must consider taking in response to a complaint.

3

The Commissioner may amend the complaints procedure, but this is subject to the requirement to include provisions in accordance with sub-paragraph (2).

4

The Commissioner must—

a

make a copy of the complaints procedure available for inspection at the Commissioner's office, and

b

ensure that copies of the complaints procedure are made available at such other places and by such other means as the Commissioner considers appropriate.

5

The Commissioner must ensure that the arrangements for inspecting and gaining access to copies of the complaints procedure are published in such a way as to bring those arrangements to the attention of persons whom the Commissioner thinks likely to have an interest in the procedure.

Register of interests

I1413

1

The Commissioner must create and maintain a register containing all of the Commissioner's and the Deputy Commissioner's registrable interests.

2

For the purposes of this paragraph and paragraphs 14 and 15—

a

“registrable interests” means any interests specified as such by the Welsh Ministers in regulations (and this may include interests of persons with whom the Commissioner or Deputy Commissioner has a connection whether familial, financial or of any other kind);

b

“interest” means an interest of any kind (including gifts, hospitality, donations received, other financial interests, and all activities and occupations).

3

The Commissioner must keep the register of interests up to date.

I1514

1

The Commissioner must—

a

make a copy of the register of interests available for inspection at the Commissioner's office, and

b

ensure that copies of the register are made available at such other places and by such other means as the Commissioner considers appropriate.

2

The Commissioner must ensure that the arrangements for inspecting and gaining access to copies of the register of interests are published in such a way as to bring those arrangements to the attention of persons whom the Commissioner thinks likely to have an interest in the register.

Conflicts of interest

I1615

1

The Commissioner must not exercise a function if the Commissioner has a registrable interest that relates to the exercise of the function.

2

If that prevents the Commissioner from exercising a function, the Commissioner must delegate that function (so far as necessary to enable it to be exercised) to a member of the Commissioner's staff.

3

This paragraph applies to the Deputy Commissioner exercising a function of the Commissioner under paragraph 11 as it applies to the Commissioner.

Payments by the Welsh Ministers

I1716

The Welsh Ministers may pay the Commissioner such amounts, at such times and on such conditions (if any), as they think appropriate in respect of expenditure incurred in carrying out the functions of Commissioner.

Annual reports

I1817

1

The Commissioner must produce a report in relation to each financial year (an “annual report”).

2

The Commissioner's first financial year is the period beginning on the day the first appointment to the office of Commissioner is made under section 17 and ending on the following 31 March.

3

An annual report must include—

a

a summary of the action taken in that financial year in the exercise of the Commissioner's functions;

b

an analysis of the effectiveness of that action in enabling the general duty of the Commissioner to be fulfilled (see section 18);

c

a summary of the Commissioner's work programme for that financial year;

d

the Commissioner's proposals for a work programme for the following financial year;

e

a summary of the complaints made in accordance with the procedure established under paragraph 12.

4

An annual report may include—

a

the Commissioner's assessment of the improvements that public bodies should make in order to meet their well-being objectives in accordance with the sustainable development principle;

b

any other information the Commissioner considers appropriate.

5

In preparing an annual report, the Commissioner must consult—

a

the advisory panel, and

b

any other person the Commissioner considers appropriate.

6

The Commissioner must publish the annual report no later than 31 August in the following financial year.

7

The Commissioner must send a copy of each annual report to the Welsh Ministers.

8

The Welsh Ministers must lay a copy of each annual report sent to them before the National Assembly.

Accounting officer

I118

1

The Commissioner is the accounting officer for the office of the Commissioner.

2

The accounting officer has, in relation to the accounts and the finances of the Commissioner, the responsibilities that are from time to time specified by the Treasury.

3

In this paragraph references to responsibilities include—

a

responsibilities in relation to the signing of accounts;

b

responsibilities for the propriety and regularity of the finances of the Commissioner;

c

responsibilities for the economy, efficiency and effectiveness with which the resources of the Commissioner are used.

4

The responsibilities that may be specified under this paragraph include responsibilities owed to—

a

the National Assembly, the Welsh Ministers or the Public Accounts Committee of the National Assembly;

b

the House of Commons or the Committee of Public Accounts of that House.

5

If requested to do so by the Committee of Public Accounts of the House of Commons (“the Commons Committee”), the Public Accounts Committee of the National Assembly may—

a

take evidence on behalf of the Commons Committee from the accounting officer,

b

report to the Commons Committee on the evidence taken, and

c

transmit to the Commons Committee the evidence taken.

6

Section 13 of the National Audit Act 1983 (c.44) (interpretation of references to the House of Commons Committee of Public Accounts) applies for the purposes of this paragraph as it applies for the purposes of that Act.

Estimates

I1919

1

For each financial year other than the first, the Commissioner must prepare an estimate of the income and expenses of the Commissioner and the Commissioner's staff.

C12

The Commissioner must submit the estimate to the Welsh Ministers at least five months before the beginning of the financial year to which it relates.

3

The Welsh Ministers must examine an estimate submitted to them in accordance with this paragraph and must then lay the estimate before the National Assembly with any modifications they think appropriate.

Accounts

I2020

1

The Commissioner must—

a

keep proper accounting records;

b

prepare accounts in respect of each financial year in accordance with directions given, with the consent of the Treasury, by the Welsh Ministers.

2

The directions that the Welsh Ministers may give under this paragraph include directions as to—

a

the information to be contained in the accounts and the manner in which the accounts are to be presented;

b

the methods and principles in accordance with which the accounts are to be prepared;

c

any additional information that is to accompany the accounts.

3

The Welsh Ministers may vary or revoke a direction they have given under this paragraph.

Audit

I2121

1

The Commissioner must submit the accounts prepared for a financial year to the Auditor General for Wales no later than 31 August in the following financial year.

2

The Auditor General must—

a

examine, certify and report on accounts submitted under this paragraph, and

b

no later than four months after the accounts are submitted, lay a copy of the certified accounts and the report on them before the National Assembly.

3

In examining accounts submitted under this paragraph, the Auditor General must not certify the accounts unless satisfied that the expenditure to which the accounts relate has been incurred lawfully and in accordance with the authority that governs it.

Examinations into the use of resources

I2222

1

The Auditor General for Wales may carry out examinations into the economy, efficiency and effectiveness with which resources have been used in discharging the Commissioner's functions.

2

But the Auditor General is not entitled to question the merits of the policy objectives of the Commissioner.

3

Before carrying out an examination under this paragraph, the Auditor General must—

a

consult the Public Accounts Committee of the National Assembly, and

b

take into account the views of the Committee as to whether or not an examination should be carried out.

4

The Auditor General must—

a

as soon as is reasonably practicable, publish a report of the results of an examination carried out under this paragraph, and

b

lay a copy of the report before the National Assembly.

Seal and validity of documents

I2323

1

The Commissioner may have a seal.

2

A document purporting to be—

a

duly executed under the seal of the Commissioner, or

b

signed by or on behalf of the Commissioner,

is to be received in evidence and, unless the contrary is proved, taken to be so executed or signed.

SCHEDULE 3PUBLIC SERVICES BOARDS: FURTHER PROVISION

(as introduced by section 34)

Quorum

I551

The quorum of a public services board meeting is all of its members.

First meeting

I562

1

A public services board must hold a meeting no later than 60 days after the date on which the board is established.

2

The local authority must chair the first meeting of a board.

Mandatory meetings

I573

1

A public services board must hold a meeting no later than 60 days after the date of each ordinary election held under section 26 of the Local Government Act 1972 (c.70) (election of councillors).

2

The local authority must chair a meeting held under sub-paragraph (1).

Terms of reference

I584

1

At the first meeting, a public services board must agree its terms of reference.

2

The terms of reference must include—

a

the procedure to be followed at subsequent meetings insofar as not specified in this Act;

b

the proposed schedule of subsequent meetings;

c

the procedure for inviting persons to participate under section 30 insofar as not specified in this Act;

d

proposals relating to the manner in which the board intends to involve invited participants and its other partners;

e

proposals for involving persons who, in the opinion of the board, are interested in the improvement of the area's economic, social, environmental and cultural well-being (in addition to consulting such persons in accordance with sections 38(1)(k) and 43(1)(k));

f

proposals for the establishment of one or more sub-groups including details of the functions to be exercised by any sub-group on behalf of the board (but see paragraph 6);

g

the procedure for resolving a disagreement between members relating to the exercise of the board's functions;

h

any other terms relating to the operation of the board that the members consider appropriate.

3

A public services board—

a

must review its terms of reference at each meeting held under paragraph 3(1), and

b

may review them at any other meeting.

4

Following a review, a public services board may amend its terms of reference.

Administrative support

I595

The local authority must make administrative support available to the public services board.

Sub-groups and delegation

I606

1

A sub-group of a public services board—

a

must include at least one member of the board, and

b

may include any invited participant or other partner.

2

A sub-group may exercise such of a board's functions as the board authorises in its terms of reference.

3

But those terms of reference may not authorise a sub-group—

a

to invite persons to participate under section 30;

b

to set, review or revise the board's local objectives;

c

to prepare or publish an assessment of well-being under section 37;

d

to consult under section 38 or to prepare a draft of an assessment under section 37 for the purposes of consulting;

e

to prepare or publish a local well-being plan;

f

to consult under section 43 or to prepare a draft of a local well-being plan for the purposes of consulting;

g

to review or amend a local well-being plan or to publish an amended local well-being plan;

h

to consult under section 44;

i

to agree that the board—

i

merges with another public services board under section 47(1), or

ii

collaborates with another board under section 48(1).

Representation at meetings

I617

1

Each member of a public services board must be represented at a meeting by—

a

the individual specified in relation to that member in the following Table, or

b

such other individual as the individual referred to in paragraph (a) designates (but an elected mayor or executive leader of a local authority may only designate another member of the authority's executive).

TABLE 2

Member	Representative
Local authority	The elected mayor of the authority or the councillor elected as executive leader of the authority, and the head of the authority's paid service designated under section 4 of the Local Government and Housing Act 1989 (c.42).
Local Health Board	Whichever of the following the board designates— a the chairman; b the chief officer; c both.
Welsh fire and rescue authority	Whichever of the following the authority designates— a the chairman; b the chief officer; c both.
The Natural Resources Body for Wales	The chief executive

2

“Elected mayor” and “executive leader” each have the same meaning as in Part 2 of the Local Government Act 2000 (c.22).

3

An invited participant is to be represented at a meeting of a public services board by the individual designated by the participant.

4

A public services board may invite any of its other partners to attend a meeting of the board (or any part of such meeting).

5

Such other partner is to be represented at the meeting by the individual specified by the public services board in the invitation to the meeting.

SCHEDULE 4PUBLIC SERVICES BOARDS: CONSEQUENTIAL AMENDMENTS AND REPEALS

(as introduced by section 46)

Education Act 1997 (c.44)

I261

In section 38(2A)(b) of the Education Act 1997, for the words “sections 25 and 26” substitute “ section 25 ”.

Local Government Act 2000 (c.22)

I622

The Local Government Act 2000 is amended as follows.

I273

In section 2 (promotion of well-being), in subsection (3B), for the words from “community strategy” to the end of the subsection substitute “ local well-being plan for its area published under section 39 or 44(5) of the Well-being of Future Generations (Wales) Act 2015 (anaw 2). ”

I284

For subsection (3C) of that section substitute—

3C
The local well-being plan for the area of a community council is the plan referred to in subsection (3B) that is published by the public services board that includes as a member the county council or county borough council in whose area lies the community or communities for which the community council is established.

I295

In section 21 (overview and scrutiny committees), in subsection (4), at the end insert “ or Part 4 of the Well-being of Future Generations (Wales) Act 2015 (anaw 2) ”.

I306

In section 21B of that Act (duty of authority to respond to overview and scrutiny committee), after subsection (1) insert—

1A
A report or recommendation to a public services board by virtue of section 35(1)(c) of the Well-being of Future Generations (Wales) Act 2015 (anaw 2) is not to be regarded for the purposes of this section as a report or recommendation to the local authority that is a member of the board.

Education Act 2002 (c.32)

I317

In section 21(9) of the Education Act 2002 (general responsibility for conduct of school: definition of “relevant children and young person's plan”), for paragraph (b) substitute—

b
in relation to a school in Wales, a local well-being plan published under section 39 or 44(5) of the Well-being of Future Generations (Wales) Act 2015 (anaw 2) by a public services board of which the local authority is a member.

Planning and Compulsory Purchase Act 2004 (c.5)

I638

Section 62 of the Planning and Compulsory Purchase Act 2004 (local development plan) is amended as follows.

I329

In subsection (5)(d), for “community strategy” substitute “ local well-being plan ”.

I3310

For subsection (7) substitute—

7
A local well-being plan is relevant if it has been published under section 39 or 44(5) of the Well-being of Future Generations (Wales) Act 2015 (anaw 2) by—
a
in the case of an authority which is a county council or county borough council, the public services board of which that authority is a member;
b
in the case of an authority which is a National Park Authority, the public services board for an area that includes any part of that authority's area.

Children Act 2004 (c.31)

I6411

The Children Act 2004 is amended as follows.

I3412

In section 25 (co-operation to improve well-being: Wales), after subsection (9) insert—

9A
Information about the arrangements a local authority in Wales makes under this section may be included in the local well-being plan published under section 39 or 44(5) of the Well-being of Future Generations (Wales) Act 2015 (anaw 2) by the public services board of which the local authority is a member.

I3513

Section 26 (children and young people's plans: Wales) is repealed.

I3614

In section 27—

a

in subsection (1)(a), for the words “sections 25 and 26” substitute “ section 25 ”;

b

in subsection (1)(b), for “those sections” substitute “ that section ”;

c

the section heading becomes “ Responsibility for functions under section 25 ”.

I3715

In section 30(2)(a) (inspection of functions under Part 3), the words “or 26” are repealed.

I3816

In section 50A(2)(c) (intervention - Wales), the words “, 26” are repealed.

I3917

Section 66(7) (procedure for regulations under section 26) is repealed.

Government of Wales Act 2006 (c.32)

I2418

In paragraph 35(4) of Schedule 11 to the Government of Wales Act 2006 (procedures relating to certain pre-commencement powers to make subordinate legislation), in Table 2 the entries relating to sections 26(2)(f) and (4) of the Children Act 2004 are repealed.

National Health Service (Wales) Act 2006 (c.42)

I4019

Section 40 of the National Health Service (Wales) Act 2006 (health and well-being strategies in Wales) is repealed.

Local Government (Wales) Measure 2009 (nawm 2)

I6520

The Local Government (Wales) Measure 2009 is amended as follows.

I4121

Part 2 (Community strategies and planning) is repealed.

I4222

Sections 48(2)(b), 50(5)(c) and 51(3) are repealed.

I4323

Schedule 3 is repealed.

Children and Families (Wales) Measure 2010 (nawm 1)

I6624

The Children and Families (Wales) Measure 2010 is amended as follows.

I4425

In section 2(8), the words “and section 26 of the Children Act 2004 (c. 31)” are repealed.

I4526

In section 4 (strategies prepared by local authorities)—

a

in subsection (1), for the words “by the authority of a plan under section 26 of the Children Act 2004 (c. 31)” substitute “ of a local well-being plan under section 39 or 44(5) of the Well-being of Future Generations (Wales) Act 2015 (anaw 2) by the public services board of which the authority is a member, but only if the authority's strategy is an integral part of that plan ”; and

b

subsections (2) and (3) are repealed.

I4627

In section 5 (strategies prepared by other Welsh authorities)—

a

subsection (4) is repealed; and

b

in subsection (5), for the words from “plan” to the end of the subsection substitute “ local well-being plan published under section 39 or 44(5) of the Well-being of Future Generations (Wales) Act 2015 (anaw 2) by each public services board for a local authority area in which the Welsh authority exercises functions. ”.

Mental Health (Wales) Measure 2010 (nawm 7)

I6728

The Mental Health (Wales) Measure 2010 is amended as follows.

I4729

In section 2 (joint schemes for the provision of local primary mental health support services), after subsection (2) insert—

2A
A scheme may be recorded by including it within a local well-being plan published under section 39 or 44(5) of the Well-being of Future Generations (Wales) Act 2015 (anaw 2) by a public services board of which each of the partners is a member.

I4830

Section 11 (amendment of the Children Act 2004) is repealed.

Local Government (Wales) Measure 2011 (nawm 4)

I4931

Section 128 of the Local Government Wales Measure 2011 (transitional provision relating to community councils' powers to promote well-being) is repealed.

Public Audit (Wales) Act 2013 (anaw 3)

I5032

In section 23 of the Public Audit (Wales) Act 2013 (general provision about fees), after subsection (3)(c) insert—

ca
an examination under section 15 of the Well-being of Future Generations (Wales) Act 2015 (anaw 2) (examinations of public bodies for the purposes of assessing the extent to which a body has acted in accordance with the sustainable development principle);

Violence against Women, Domestic Abuse and Sexual Violence (Wales) Act 2015 (anaw x)

I5235

In section 5 of the Violence against Women, Domestic Abuse and Sexual Violence (Wales) Act 2015 (publication and review of local strategies), after subsection (5) insert—

5A
A local strategy or revised strategy may be published by including it within a local well-being plan published under section 39 or 44(5) of the Well-being of Future Generations (Wales) Act 2015 (anaw 2) by a public services board of which both the local authority and the Local Health Board is a member.