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Local Government (Wales) Measure 2009

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16Meaning of “relevant regulators” and “relevant functions”

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(1)For the purposes of this Part, a “relevant regulator” is a person listed in subsection (2) and the regulator’s “relevant functions” are those specified in respect of the person in that subsection.

(2)The relevant regulators and their relevant functions are as follows—

(a)Her Majesty’s Chief Inspector of Education and Training in Wales in the exercise of functions under section 38 of the Education Act 1997 (c. 44) (inspection of LEAs);

(b)the Welsh Ministers in the exercise of their functions under—

(i)sections 93, 94 and 95 of the Health and Social Care (Community Health and Standards) Act 2003 (c. 43) (reviews etc of the provision of social services);

(ii)regulations made under section 96 of that Act;

(c)a person appointed under section 28 of the Fire and Rescue Services Act 2004 (c. 21) (inspectors) in the exercise of the person’s functions under section 28(1) of that Act;

(d)the Welsh Language Board in the exercise of functions under section 17 of the Welsh Language Act 1993 (c. 38) (investigations);

(e)an auditor appointed under section 13 of the Public Audit (Wales) Act 2004 (c. 23) to audit the accounts of a Welsh improvement authority in the exercise of the function of carrying out the audit.

(3)The Welsh Ministers may by order—

(a)amend or omit any paragraph of subsection (2);

(b)add additional paragraphs to that subsection;

(c)amend or omit such additional paragraphs.

(4)Such an order may make such amendments of this Measure as appear to the Welsh Ministers to be necessary or expedient in connection with the provision made under subsection (3).

(5)The Welsh Ministers must not make such an order unless they have consulted—

(a)persons appearing to them to represent Welsh improvement authorities;

(b)the Auditor General for Wales;

(c)where the order alters the relevant functions specified in respect of a relevant regulator, that regulator;

(d)where the order adds a person to the list of relevant regulators, that person.

(6)But subsection (5)(d) does not require the Welsh Ministers to have consulted a person established by or under any enactment if the enactment is not in force at the date on which the order is made.

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