PART 3

SOCIAL CARE WALES

Consultation before making rules etc.

Consultation before making rules etc.
75
1
SCW must comply with the requirements of subsection (2)—
a
before making any rules under this Act;
b
before publishing a code of practice under section 112 (codes setting standards of conduct expected of social care workers and their employers);
c
before publishing guidance under section 162 (guidance for fitness to practise and interim orders panels in respect of proceedings under Part 6),
unless subsection (3) applies.
2
Before making the rules or publishing the code or guidance SCW must—
a
publish a draft of the proposed rules, code or guidance accompanied by—
i
an explanation of the purpose of the proposed rules, code or guidance and a summary of the intended effect of the proposed rules, code or guidance;
ii
a notice specifying the period within which representations may be made to SCW about the proposal, and
b
take reasonable steps to give notice of the proposal and the period for making representations to—
i
social care workers SCW thinks may be affected by the proposal,
ii
the Welsh Ministers, and
iii
such other persons SCW thinks appropriate.
3
This subsection applies if SCW—
a
is satisfied that the nature of the proposed rules, code or guidance is such that consultation would be inappropriate or disproportionate, and
b
has obtained the agreement of the Welsh Ministers to proceed without consultation.
4
Section 184 (service of documents etc.) does not apply to anything done by SCW under subsection (2).