Well-being of Future Generations (Wales) Act 2015

The Commissioner's functions E+W

19 Commissioner's functions E+W

(1) The Commissioner may, in carrying out the Commissioner's general duty—

(a) provide advice or assistance to a public body (which includes providing advice on climate change);

(b) provide advice to the Auditor General for Wales on the sustainable development principle;

(c) provide advice or assistance to a public services board in relation to the preparation of its local well-being plan (see section 42);

(d) provide advice or assistance to any other person who the Commissioner considers is taking (or wishes to take) steps that may contribute to the achievement of the well-being goals;

(e) encourage best practice amongst public bodies in taking steps to meet their well-being objectives in accordance with the sustainable development principle;

(f) promote awareness amongst public bodies of the need to take steps to meet their well-being objectives in accordance with the sustainable development principle;

(g) encourage public bodies to work with each other and with other persons if this could assist them to meet their well-being objectives;

(h) seek the advice of an advisory panel (see section 26) in relation to the exercise of any of the Commissioner's functions.

(2) The Commissioner may undertake research or other study into—

(a) the extent to which the well-being goals and national indicators are consistent with the sustainable development principle,

(b) the extent to which the sustainable development principle is taken into account in the national indicators,

(c) the sustainable development principle itself (including how it is applied to setting and meeting objectives), and

(d) anything related to any of those things that impacts upon the economic, social, environmental and cultural well-being of Wales (or any part of Wales).

(3) References in this section to providing assistance to a public body do not include providing financial assistance.

Commencement Information

I1 S. 19 in force at 1.2.2016 by S.I. 2016/86, art. 2

20 Reviews by the Commissioner E+W

(1) The Commissioner may conduct a review into the extent to which a public body is safeguarding the ability of future generations to meet their needs by taking account of the long term impact of things the body does under section 3.

(2) In conducting a review, the Commissioner may review—

(a) the steps the body has taken or proposes to take to meet its well-being objectives;

(b) the extent to which the body is meeting its well-being objectives;

(c) whether a body has set well-being objectives and taken steps to meet them in accordance with the sustainable development principle.

(3) In conducting a review, the Commissioner must have regard to any examination of the body carried out by the Auditor General for Wales under section 15.

(4) In conducting a review, the Commissioner may make recommendations to the public body about—

(a) the steps the body has taken or proposes to take to meet its well-being objectives;

(b) how to set well-being objectives and take steps to meet them in accordance with the sustainable development principle.

(5) The Commissioner may conduct a single review of two or more public bodies.

(6) The Commissioner must publish a report of a review (including any recommendations made) and send a copy of it to the Welsh Ministers.

(7) In conducting a review, the Commissioner may require a public body to provide such information as the Commissioner considers relevant to the review.

(8) But a public body is not required to provide information to the Commissioner if the body is prohibited from providing it by virtue of an enactment or any other rule of law.

Commencement Information

I2 S. 20 in force at 1.2.2016 by S.I. 2016/86, art. 2

21 Recommendations made by the Commissioner E+W

(1) In providing advice or assistance to the Welsh Ministers, the Commissioner may also make recommendations to the Ministers about the well-being goals or the national indicators.

(2) If the Commissioner makes recommendations under this section, the Commissioner must publish those recommendations.

Commencement Information

I3 S. 21 in force at 1.2.2016 by S.I. 2016/86, art. 2

22 Duty to follow recommendations E+W

(1) A public body must take all reasonable steps to follow the course of action set out in a recommendation made to it by the Commissioner under section 20(4) unless—

(a) the public body is satisfied that there is good reason for it not to follow the recommendation in particular categories of case or at all, or

(b) it decides on an alternative course of action in respect of the subject matter of the recommendation.

(2) The Welsh Ministers may issue guidance to other public bodies about how to respond to a recommendation made by the Commissioner.

(3) In deciding how to respond to such a recommendation, a public body must take such guidance into account.

(4) A public body must publish its response to a recommendation made by the Commissioner and if the body does not follow a recommendation, the response must include the body's reasons for that and explain what alternative course of action, if any, it proposes to take.

Commencement Information

I4 S. 22(1)(4) in force at 1.2.2016 by S.I. 2016/86, art. 2

I5 S. 22(2) in force at 16.10.2015 by S.I. 2015/1785, art. 2(f)

I6 S. 22(3) in force at 16.10.2015 by S.I. 2015/1785, art. 2(g)

23 Future Generations report E+W

(1) The Commissioner must prepare and publish, before the end of each reporting period, a report containing the Commissioner's assessment of the improvements public bodies should make in order to set and meet well-being objectives in accordance with the sustainable development principle.

(2) The Commissioner's report must include, in particular, an assessment of how public bodies should—

(a) better safeguard the ability of future generations to meet their needs, and

(b) take greater account of the long-term impact of the things that they do.

(3) In this section and section 24, the “reporting period” is the period—

(a) beginning with the day after that on which a future trends report under section 11 is published, and

(b) ending on the day before the date falling one year before the date on which the poll is to be held at the next general election under section 3 of the Government of Wales Act 2006 (c.32).

(4) In addition to the assessment mentioned in subsection (1), a report under this section must also include—

(a) a summary of the evidence gathered and activities undertaken by the Commissioner during the reporting period (see section 24);

(b) a summary of the reviews conducted by the Commissioner during the reporting period (see section 20);

(c) a summary of any other action taken by the Commissioner during the reporting period in the exercise of the Commissioner's functions.

(5) A report under this section may include—

(a) an account of any research or other study undertaken under section 19(2);

(b) any other information the Commissioner considers appropriate.

(6) The Commissioner must send the Welsh Ministers a copy of a report published under this section.

(7) The Welsh Ministers must lay a copy of a report sent to them under subsection (6) before the National Assembly.

(8) The Welsh Ministers may by regulations amend the reporting period.

Commencement Information

I7 S. 23 partly in force; s. 23 in force for specified purposes at 30.4.2015, see s. 56(1)(b)

I8 S. 23 in force at 1.2.2016 by S.I. 2016/86, art. 2

24 Future Generations report: activity during the reporting period E+W

(1) During a reporting period (but before the report under section 23 is published) the Commissioner must consult—

(a) the advisory panel (see section 26);

(b) each public body;

(c) representatives of voluntary organisations in Wales;

(d) any other person who the Commissioner considers is taking steps (or wishes to take steps) that may contribute to the achievement of the well-being goals;

(e) representatives of persons resident in each local authority area in Wales;

(f) representatives of persons carrying on business in Wales;

(g) trade unions representing workers in Wales;

(h) any other person the Commissioner considers appropriate to ensure that economic, social, environmental and cultural interests are fully represented.

(2) In preparing a report under section 23 the Commissioner must (in addition to taking into account representations made by the persons consulted under subsection (1)) take into account—

(a) each annual well-being report under section 10(10) published during the reporting period;

(b) the future trends report published under section 11 on the day before the beginning of the reporting period;

(c) relevant reports of the Auditor General for Wales.

Commencement Information

I9 S. 24 in force at 1.2.2016 by S.I. 2016/86, art. 2