Regulation and Inspection of Social Care (Wales) Act 2016

180 Delegating functions to another regulatory body

(1) A regulatory body may delegate any of its relevant functions to the other regulatory body if they agree that such a delegation—

(a) will have a positive effect on the manner in which the function is to be exercised, or

(b) will assist the delegating body in achieving its general objectives.

(2) But a function must not be delegated to the other regulatory body if the other body thinks that such a delegation may be detrimental to—

(a) the manner in which the other body exercises its functions, or

(b) the achievement of the other body’s general objectives.

(3) Despite subsection (1), SCW may not delegate—

(a) its rule-making functions, or

(b) its functions relating to fitness to practise proceedings.

(4) A delegation under subsection (1) may be on such terms and conditions (including terms as to payment) as may be agreed between the regulatory bodies.

(5) A function may be delegated under subsection (1) wholly or to any lesser extent as may be agreed by the regulatory bodies.

(6) A delegation under subsection (1) does not affect—

(a) any liability or responsibility of the body delegating the function for its exercise, nor

(b) the ability of that body to exercise that function or make other arrangements in relation to it.