PART 3SOCIAL CARE WALES

Consultation before making rules etc.

I1I275Consultation before making rules etc.

1

SCW must comply with the requirements of subsection (2)—

a

before making any rules under this Act;

b

before publishing a code of practice under section 112 (codes setting standards of conduct expected of social care workers and their employers);

c

before publishing guidance under section 162 (guidance for fitness to practise and interim orders panels in respect of proceedings under Part 6),

unless subsection (3) applies.

2

Before making the rules or publishing the code or guidance SCW must—

a

publish a draft of the proposed rules, code or guidance accompanied by—

i

an explanation of the purpose of the proposed rules, code or guidance and a summary of the intended effect of the proposed rules, code or guidance;

ii

a notice specifying the period within which representations may be made to SCW about the proposal, and

b

take reasonable steps to give notice of the proposal and the period for making representations to—

i

social care workers SCW thinks may be affected by the proposal,

ii

the Welsh Ministers, and

iii

such other persons SCW thinks appropriate.

3

This subsection applies if SCW—

a

is satisfied that the nature of the proposed rules, code or guidance is such that consultation would be inappropriate or disproportionate, and

b

has obtained the agreement of the Welsh Ministers to proceed without consultation.

4

Section 184 (service of documents etc.) does not apply to anything done by SCW under subsection (2).