The National Assembly for Wales (Legislative Competence) (Social Welfare and Other Fields) Order 2008

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Government of Wales Act 2006 (“the 2006 Act”). The Order extends the legislative competence of the National Assembly for Wales to make laws known as Measures of the National Assembly for Wales (referred to in the 2006 Act as “Assembly Measures”). The legislative competence conferred by this Order is subject to general limitations on the exercise of that legislative competence, which apply by virtue of section 94 of, and Schedule 5 to, the 2006 Act.

Article 2 inserts matter 5.18 into field 5 (education and training) of Part 1 of Schedule 5 to the 2006 Act. The matter is about the provision of facilities for social or physical training and educational activities for children and young people.

Article 3 inserts matters 15.2 to 15.8 and interpretation provisions into field 15 (social welfare) of Part 1 of Schedule 5 to the 2006 Act.

Matter 15.2 is about the functions of public authorities relating to—

(a) safeguarding children from harm and neglect;

(b) safeguarding and promoting the well-being of vulnerable children;

(c) reducing inequalities in well-being between children or young persons.

Matter 15.3 is about adoption services and special guardianship support services.

Matter 15.4 is about fostering.

Matter 15.5 is about social care services for—

(d) children;

(e) persons who care for, or who are about to care for children;

(f) young persons;

(g) persons formerly looked after by a public authority who—

(i) have attained the age of 25, and

(ii) who, immediately before attaining that age, have been pursuing, or intending to pursue, education or training.

Matter 15.6 is about co-operation and arrangements to safeguard and promote the well-being of children or young persons.

Matter 15.7 is about local authority planning for the discharge of their functions relating to the well-being of children or young persons.

Matter 15.8 is about the continuance, dissolution, creation and functions of an office or body concerned with safeguarding and promoting the well-being of children or young persons. This matter includes the continuance, dissolution and functions of the Children’s Commissioner for Wales.

Article 4 inserts matter 16.1 into field 16 (sport and recreation) of Part 1 of Schedule 5 to the 2006 Act. The matter is about recreational facilities and activities for children or young persons.

Article 5 inserts provision about exceptions to matters at the end of Part 1 of Schedule 5 to the 2006 Act. The exceptions are set out in two tables: one table sets out exceptions relating to highways and transport and the other sets out exceptions relating to social welfare. The exceptions specified in the first column of each table specify the things that are not included within the matters specified in the corresponding entry in the second column.

Article 6 makes amendments to the 2006 Act that are consequential to the amendments made by article 5.

A full regulatory impact assessment has not been prepared for this Order as no impact on the private or voluntary sectors is foreseen.