1.—(1) The title of these Regulations is the Partnership Arrangements and Population Assessments (Miscellaneous Amendments) (Wales) Regulations 2019.
(2) These Regulations come into force on 1 April 2019.
(3) In these Regulations—
“the Population Assessments Regulations” (“y Rheoliadau Asesiadau Poblogaeth”) means the Care and Support (Partnership Arrangements for Population Assessments) (Wales) Regulations 2015(1);
“the Partnership Regulations” (“y Rheoliadau Partneriaeth”) means the Partnership Arrangements (Wales) Regulations 2015(2).
2. The Partnership Regulations are amended in accordance with regulations 3 to 10.
3. In regulation 1 (title, commencement, application and interpretation), in paragraph (4) insert the following definitions in the appropriate place—
““older people” (“pobl hŷn”) means persons aged 65 or over;
“regional partnership board areas” means each of the respective areas in which partnership bodies are required to enter into partnership arrangements under the direction of a regional partnership board;”.
4. In regulation 5 (partnership arrangements under the direction of Western Bay regional partnership board) —
(a)in the heading, for “Western Bay regional partnership board” substitute “West Glamorgan regional partnership board (“bwrdd partneriaeth rhanbarthol Gorllewin Morgannwg”)
(b)in paragraph (1)—
(i)for “Abertawe Bro Morgannwg University Health Board” substitute “Swansea Bay University Local Health Board”, and
(ii)omit “Bridgend County Borough Council”;
(c)in paragraph (2) for “Western Bay regional partnership board” substitute “West Glamorgan regional partnership board”;
(d)in paragraph (3) for “Western Bay regional partnership board” substitute “West Glamorgan regional partnership board”.
5. In regulation 6 (partnership arrangements under the direction of Cwm Taf regional partnership board)—
(a)in the heading, for “Cwm Taf regional partnership board” substitute “Cwm Taf Morgannwg regional partnership board”. (“bwrdd partneriaeth rhanbarthol Cwm Taf Morgannwg”);”;
(b)in paragraph (1)—
(i)for “Cwm Taf University Health Board” substitute “Cwm Taf Morgannwg University Local Health Board”, and
(ii)after “Cwm Taf University Health Board” insert “Bridgend County Borough Council”;
(c)in paragraph (2) for “Cwm Taf regional partnership board” substitute “Cwm Taf Morgannwg regional partnership board”;
(d)in paragraph (3) for “Cwm Taf regional partnership board” substitute “Cwm Taf Morgannwg regional partnership board”.
6.—(1) Regulation 11 (membership of regional partnership boards) is amended as follows—
(a)in paragraph (1)(d) for “a” substitute “at least one”;
(b)in paragraph (1)(e) for “two persons” substitute “at least two people”;
(c)in paragraph (1)(g) before “one person” insert “at least”;
(d)in paragraph (1)(h) before “one person” insert “at least”;
(e)in paragraph (1)(h) for “.” substitute—
“;
(i)at least one senior local authority officer responsible for housing including the responsibility for or links to capital investment in housing, in the area covered by the regional partnership board;
(j)at least one person who represents registered social landlords in the area covered by the regional partnership board;
(k)at least one senior local authority officer who has responsibility for education in the area covered by the regional partnership board. ”
(2) In paragraph (4) insert the following definition in the appropriate place—
““registered social landlord” (“landlord cymdeithasol cofrestredig”) means a Welsh body registered with the Welsh Ministers under Part 1 of the Housing Act 1996(3);”
7. In regulation 12 (reports), in paragraph (3)—
(a)for “Subsequent” substitute “From April 2019”;
(b)after “annually” insert “no later than 30 June”.
8. In regulation 13 (information sharing), in paragraph (1), for “by” substitute “in accordance with”.
9. In regulation 16 (establishment of integrated family support teams), in paragraph (1), for “partnership arrangements” substitute “regional partnership board areas”.
10. For regulation 19 (establishment and maintenance of pooled funds) substitute—
19.—(1) Partnership bodies for each of the regional partnership board areas must establish and maintain—
(a)a regional pooled fund in relation to the exercise of their care home accommodation functions for older people, and
(b)a pooled fund in relation to the exercise of their family support functions.
(2) For each financial year, beginning with the financial year commencing on 1st April 2019, each partnership body must make a contribution to the regional pooled fund in relation to the exercise of their care home accommodation functions for older people which is commensurate with its anticipated annual expenditure on care home places for older people.
(3) Nothing in this regulation prevents partnership bodies from establishing and maintaining pooled funds or regional pooled funds for carrying out any other functions specified in Schedule 1.
(4) If any of the partnership bodies decide to exercise their functions jointly in response to the assessment carried out under section 14 of the Act, they must consider whether it is appropriate to establish and maintain a pooled fund(4).
(5) For the purposes of this regulation—
“care home” (“cartref gofal”) means premises at which a care home service(5), within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016(6), is provided wholly or mainly to persons aged 18 or over;
“care home accommodation functions for older people” (“swyddogaethau llety cartref gofal pobl hŷn”) means —
the functions of a local authority under sections 35 and 36 of the Act, where these are exercised in relation to older people to provide accommodation in care homes;
the functions of a Local Health Board under section 3 of the National Health Service (Wales) Act 2006(7) where they are exercised in relation to older people who—
have a primary need for health care which is met by arranging the provision of accommodation together with nursing in care homes, or
do not have a primary need for health care but who have needs which can only be met by the local authority arranging for the provision of accommodation together with nursing in a care home.
“regional pooled fund” (“cronfa gyfun ranbarthol”) means a single pooled fund into which each of the partnership bodies for a regional partnership board area make contributions. ”
11. The Population Assessments Regulations are amended in accordance with the following regulation.
12. Within the Schedule (specified partnership arrangements) the table for partnership arrangements is amended as follows—
(a)in the first column (local health board), for “Abertawe Bro Morgannwg University Health Board” substitute “Swansea Bay University Local Health Board”;
(b)in the corresponding second column (local authority), for Abertawe Bro Morgannwg University Health Board omit “Bridgend County Borough Council”;
(c)in the first column (local health board), for “Cwm Taf University Health Board” substitute “Cwm Taf Morgannwg University Local Health Board”;
(d)in the corresponding second column (local authority), for Cwm Taf University Health Board insert “Bridgend County Borough Council”.
Julie Morgan
Deputy Minister for Health and Social Services under authority of the Minister for Health and Social Services, one of the Welsh Ministers
29 March 2019