The Healthy Start Scheme (Description of Healthy Start Food) (Wales) Regulations 2006

Welsh Statutory Instruments

2006 No. 3108 (W.287)

NATIONAL HEALTH SERVICE, WALES

The Healthy Start Scheme (Description of Healthy Start Food) (Wales) Regulations 2006

Made

22 November 2006

Coming into force

27 November 2006

The National Assembly for Wales in exercise of the powers conferred by section 13(1) and (6) of the Social Security Act 1988(1), hereby makes the following Regulations:

Citation, commencement, interpretation and application

1.—(1) These Regulations are called the Healthy Start Scheme (Description of Healthy Start Food) (Wales) Regulations 2006 and they come into force on 27 November 2006.

(2) In these Regulations:

“beneficiary” (“buddiolwr”) means a person entitled to benefit pursuant to regulations 3 and 4 of the principal Regulations;

“Healthy Start food” (“bwyd Cychwyn Iach”) means the food specified in Column 1 (category of food) of the Schedule to these Regulations as qualified in Column 2 of that Schedule;

“Healthy Start vitamins” (“fitaminau Cychwyn Iach”) means the vitamins specified in regulation 3

“Healthy Start scheme” (“cynllun Cychwyn Iach”) means the scheme established by the principal Regulations; and

“the principal Regulations” (“y prif Reoliadau”) means the Healthy Start Scheme and Welfare Food (Amendment) Regulations 2005(2).

(3) These Regulations apply in relation to Wales.

2.  Healthy Start food in relation to the operation of the Healthy Start scheme in Wales is as set out in the Schedule to these Regulations.

3.  Healthy Start vitamins in relation to the operation of the Healthy Start scheme in Wales are tablets or vitamin drops containing vitamins appropriate for the beneficiary who receives them.

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998(3).

D. Elis-Thomas

The Presiding Officer for National Assembly

22 November 2006

SCHEDULE

Category of food	Qualification
Milk	Liquid cow’s milk, including long-life, pasteurised or ultra heat treated varieties of milk, but not milk to or from which chemicals, vitamins, flavours or colours have been added or removed.
Infant formula	A food based on cow’s milk intended for particular nutritional use from birth by infants in good health, and satisfying by itself the nutritional requirements of such infants.
Fresh fruit and vegetables	Fresh fruit and vegetables including loose, pre- packed, whole, sliced, chopped or mixed fruit or vegetables, but not fruit or vegetables to which salt, sugar, herbs or other flavouring has been added.

Explanatory Note

(This note is not part of these Regulations )

Pursuant to section 13(1) and (6) of the Social Security Act 1988 (“the 1988 Act”), the Assembly has the power to prescribe the Healthy Start foods that are available as part of the Healthy Start scheme in Wales.

The definition of food in section 13(11) of the 1988 Act includes vitamins.

Regulation 2 provides that the Healthy Start food in relation to the operation of the Healthy Start scheme in Wales is as set out in the Schedule to these Regulations.

Regulation 3 provides the description of Healthy Start vitamins that will apply in relation to the operation of the Healthy Start Scheme in Wales.

The Regulations come into force on 27 November 2006.

The Healthy Start scheme is a scheme for the benefit of qualifying pregnant women, mothers and children set up by the Secretary of State in the Healthy Start Scheme and Welfare Food (Amendment) Regulations 2005, as amended.

A Regulatory Appraisal of the effect these Regulations have on business costs has been prepared pursuant to section 65 of the Government of Wales Act 1998 and placed in the Library of National Assembly for Wales.

(1)

1988 c. 7. Section 13 of the Social Security Act 1988 was substituted by section 185 of the Health and Social Care (Community Health and Standards) Act 2003 (c. 43).

(2)

S.I. 2005/3262, as amended by S.I. 2006/589 and the Healthy Start Scheme and Welfare Food (Amendment No. 2) Regulations 2006 (SI 2006/2818).

(3)

1998 c. 38.