Section 5: Guidance
Section 5 requires each department to issue guidance to specified public services bodies to support them in the exercise of their duties under sections 2 and 6. For example, guidance could provide more detail on what would constitute a reasonable.
choice of types of products and what constitutes a dignified approach. A department may do so jointly with one or more departments (section 5(6)).
Before any guidance is first issued, the department must consult persons or bodies that represent the interests of responsible bodies and may consult with others (section 5(5)).
The Department must issue the guidance as soon as reasonably practicable after a body is specified (section 5(2)). The guidance is to be maintained, so the department can issue revised guidance from time to time, for example to share emerging good practice between responsible bodies and take account of new approaches, and it is not required to consult in the production of revised guidance. The issuing of guidance to a responsible body for the first time triggers the requirements on that body to consult and then prepare a statement (section 6(1)(a)); however, the issue of revised guidance does not (section 6(1)(b)).
When putting in place the arrangements by which they will exercise their functions, the specified public service bodies must have regard to the guidance as it is in force at the time and as it relates to them (section 5(4)).
