FunctionsE+W

6Review of arrangements: supplementaryE+W

(1)This section applies for the purposes of section 5.

(2)Relevant older people in Wales are older people—

(a)to or in respect of whom regulated services in Wales are provided, or

(b)to or in respect of whom relevant services (within the meaning of subsection (4)) are provided by or on behalf of, or under arrangements with, a person mentioned in Schedule 3.

(3)The persons falling within this subsection are—

(a)the [F1Welsh Ministers]F1;

[F2(aa)the First Minister for Wales;

(ab)the Counsel General to the Welsh Assembly Government;]

F2(b)a person providing regulated services in Wales;

(c)a person mentioned in Schedule 3;

(d)a person providing services in Wales on behalf of, or under arrangements with, a person mentioned in Schedule 3.

(4)A relevant service is—

[F3(a)in the case of the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government, any service which they provide;]

F3(b)in the case of a person providing regulated services in Wales, any of those services;

(c)in the case of a person who is a family health service provider in Wales, any of the family health services which the person provides;

(d)in the case of a person who is an independent provider in Wales, any of the independently provided services which the person provides;

(e)in the case of any other person mentioned in Schedule 3, any service the person provides;

(f)in the case of a person falling within subsection (3)(d), any service which—

(i)the person provides in Wales on behalf of, or under arrangements with, a person mentioned in Schedule 3; and

(ii)would, if provided by the person mentioned in Schedule 3, be a relevant service falling within paragraphs (c) to (e).

(5)Regulations may confer power on the Commissioner to require prescribed persons to provide any information which the Commissioner thinks it necessary or expedient to have for either or both of the following purposes—

(a)the purposes of his functions under section 5;

(b)the purposes of determining whether a recommendation made in a report following the discharge of his functions under section 5 has been complied with.

Textual Amendments

F1Words in s. 6(3)(a) substituted (the amendment coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) in accordance with art. 1(2)(3) of the amending S.I. and see ss. 46, 161(5) of Government of Wales Act 2006 (c. 32)) by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), arts. 1(2)(3), 3, Sch. 1 para. 128(2)(a)

F2S. 6(3)(aa)(ab) inserted (the amendment coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) in accordance with art. 1(2)(3) of the amending S.I. and see ss. 46, 161(5) of Government of Wales Act 2006 (c. 32)) by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), arts. 1(2)(3), 3, Sch. 1 para. 128(2)(b)

F3S. 6(4)(a) substituted (the amendment coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) in accordance with art. 1(2)(3) of the amending S.I. and see ss. 46, 161(5) of Government of Wales Act 2006 (c. 32)) by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), arts. 1(2)(3), 3, Sch. 1 para. 128(3)