PART 4

STANDARDS
CHAPTER 5

STANDARDS THAT ARE SPECIFICALLY APPLICABLE

Duty to make certain service delivery standards specifically applicable
42
1
This section applies if regulations under section 39 provide for any service delivery standard to be specifically applicable to a person (P).
2
The Welsh Ministers must secure that regulations under section 39 provide for service delivery standards relating to all of the activities specified in Schedule 9 (so far as such standards have been specified by the Welsh Ministers under section 26(1)) to be specifically applicable to P if, and to the extent that, P carries out those activities.
3
But the Welsh Ministers need not secure that regulations provide for service delivery standards to be specifically applicable to P in relation to an activity specified in Schedule 9 if, or to the extent that—
a
a standards report under section 64 indicates that it would be unreasonable or disproportionate for service delivery standards to be specifically applicable to P in relation to that activity, or
b
the Welsh Ministers think it would be unreasonable or disproportionate for service delivery standards to be specifically applicable to P in relation to that activity.
4
This section does not prevent regulations under section 39 from providing for other service delivery standards to be specifically applicable to P.
5
The Welsh Ministers may, by order, amend Schedule 9 by adding, omitting or amending a reference to an activity.
S. 42 in force at 1.4.2012 by S.I. 2012/969, art. 2(i)(i)