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The Arrangements for Assistance for Persons Making Representations (Wales) Regulations 2019

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Title, commencement and interpretation

1.—(1) The title of these Regulations is the Arrangements for Assistance for Persons Making Representations (Wales) Regulations 2019.

(2) These Regulations come into force on 1 April 2019.

(3) In these Regulations—

“the Act” (“y Ddeddf”) means the Social Services and Well-being (Wales) Act 2014;

“young person” (“person ifanc”) means a person who is entitled to make representations under section 176 of the Act(1).

Persons not permitted to provide assistance

2.—(1) In making arrangements for the provision of assistance to a child or to a young person who is making or intends to make representations under section 174 or 176 of the Act, a local authority may not allow the assistance to be provided by a person who—

(a)is or may be the subject of the representations;

(b)is responsible for the management of a person who is or may be the subject of the representations;

(c)manages the service which is or may be the subject of the representations;

(d)has control over the resources allocated to the service which is or may be the subject of the representations;

(e)is or may become involved in the consideration of the representations on behalf of the local authority.

(2) A local authority may not allow the assistance to be provided by a person if the child or young person making or intending to make representations objects to having assistance from that person.

Information to be provided to persons making representations

3.  Where a local authority becomes aware that a child or young person intends to make representations under section 174 or 176 of the Act it must—

(a)provide the child or young person with information about advocacy services(2), and

(b)offer the child or young person help in obtaining an advocate.

Monitoring of compliance with the Regulations

4.  A local authority must monitor the steps that it has taken to comply with these Regulations, in particular by keeping a record of each occasion when an advocate provides assistance under arrangements made by the local authority.

Julie Morgan

Deputy Minister for Health and Social Services, under authority of the Minister for Health and Social Services, one of the Welsh Ministers

6 February 2019

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