Section 12: Power to make further provision concerning independent reviewing officers: Wales
74.Section 12(1) enables Welsh Ministers by order either to:
establish a new body corporate to discharge such functions as may be conferred on it; or
provide for the discharge by them of such functions as may be conferred on them.
The intention is that this power will be used to establish a national IRO service in Wales, similar to the power in section 11 to establish a national IRO service in England.
75.Section 12(2) and (3)mirrors section 11(2) and (3)in relation to England.
76.Section 12(4)(a)will enable independent inspection of any new body established in exercise of the powers under this section and for the order to make consequential modifications to any enactment (both primary and secondary legislation) in relation to the carrying out of inspections. Section 12(4)(b) provides for the body to exercise its functions in accordance with directions given by Welsh Ministers.
77.Orders made under section 12 will be subject to a special affirmative procedure that is described in paragraphs 155 to 157.
