The Care and Support (Partnership Arrangements for Population Assessments) (Wales) Regulations 2015

Welsh Statutory Instruments

2015 No. 1495 (W. 167)

Social Care, Wales

The Care and Support (Partnership Arrangements for Population Assessments) (Wales) Regulations 2015

Made

8 July 2015

Coming into force

6 April 2016

The Welsh Ministers, in exercise of the powers conferred by section 166(1)(3) and (4) of the Social Services and Well-being (Wales) Act 2014 (1), make the following Regulations.

A draft of these Regulations was laid before the National Assembly for Wales under section 196(6) of that Act and has been approved by a resolution of the National Assembly for Wales.

Title, commencement, application and interpretation E+W

1.—(1) The title of these Regulations is the Care and Support (Partnership Arrangements for Population Assessments) (Wales) Regulations 2015.

(2) These Regulations come into force on 6 April 2016 and apply in relation to Wales.

(3) In these Regulations—

“partnership arrangement” (“trefniant partneriaeth”) means the partnership arrangement which is required to be made by regulation 2;

“population assessment” (“asesiad poblogaeth”) means the assessment which is required to be carried out under section 14(1) of the Act;

“specified functions” (“swyddogaethau penodedig”) means the functions specified in regulation 3;

“the Act” (“y Ddeddf”) means the Social Services and Well-being (Wales) Act 2014;

“the partnership bodies” (“y cyrff partneriaeth”) are those bodies which are required by regulation 2 to enter into partnership arrangements.

Commencement Information

I1 Reg. 1 in force at 6.4.2016, see reg. 1(2)

Partnership arrangements E+W

2.  A partnership arrangement for carrying out the specified functions must be made by the Local Health Boards listed in the first column of the table in the Schedule and the corresponding local authority or local authorities listed in the second column of that table.

Commencement Information

I2 Reg. 2 in force at 6.4.2016, see reg. 1(2)

Specified functions E+W

3.  The functions to be carried out in accordance with the partnership arrangements are the functions of the partnership bodies conferred on them by or under section 14(1) of the Act.

Commencement Information

I3 Reg. 3 in force at 6.4.2016, see reg. 1(2)

Form of partnership arrangements E+W

4.  The partnership bodies must establish a joint committee to take responsibility for the management of the partnership arrangement.

Commencement Information

I4 Reg. 4 in force at 6.4.2016, see reg. 1(2)

Operation of partnership arrangements E+W

5.—(1) The partnership bodies for each partnership arrangement must appoint one of the bodies to be the lead co-ordinating body.

(2) The lead co-ordinating body is to be responsible for co-ordinating the carrying out of the population assessments for the local authority areas covered by the partnership arrangement.

Commencement Information

I5 Reg. 5 in force at 6.4.2016, see reg. 1(2)

Information sharing E+W

6.  The partnership bodies may share information with each other for the purposes of carrying out functions in accordance with the partnership arrangement.

Commencement Information

I6 Reg. 6 in force at 6.4.2016, see reg. 1(2)

Delegation of functions E+W

7.  The lead co-ordinating body may carry out the functions which have been conferred on each of the local authorities in the partnership arrangement by regulation 6(4) of the Care and Support (Population Assessment) (Wales) Regulations 2015(2).

Commencement Information

I7 Reg. 7 in force at 6.4.2016, see reg. 1(2)

Mark Drakeford

Minister for Health and Social Services, one of the Welsh Ministers

8 July 2015

Regulation 2

SCHEDULE E+W Specified partnership arrangements

Commencement Information

I8 Sch. in force at 6.4.2016, see reg. 1(2)

Table

Partnership arrangements

Local Health Board	Local Authority
Aneurin Bevan University Health Board	Monmouthshire County Council Newport City Council Caerphilly County Borough Council Torfaen County Borough Council Blaenau Gwent County Borough Council
Betsi Cadwaladr University Health Board	Flintshire County Council Wrexham County Borough Council Isle of Anglesey County Council Gwynedd County Council Denbighshire County Council Conwy County Borough Council
Cardiff and Vale University Health Board	Cardiff City and County Council Vale of Glamorgan Council
Hywel Dda University Health Board	Pembrokeshire County Council Carmarthenshire County Council Ceredigion County Council
[F1 Swansea Bay University Local Health Board]	Swansea City and County Council F2 ... Neath Port Talbot County Borough Council
[F3 Cwm Taf Morgannwg University Local Health Board]	[F4 Bridgend County Borough Council] Rhondda Cynon Taf County Borough Council Merthyr Tydfil County Borough Council
Powys Teaching Health Board	Powys County Council

Textual Amendments

F1 Words in Sch. substituted (1.4.2019) by The Partnership Arrangements and Population Assessments (Miscellaneous Amendments) (Wales) Regulations 2019 (S.I. 2019/760), regs. 1(2), 12(a)

F2 Words in Sch. omitted (1.4.2019) by virtue of The Partnership Arrangements and Population Assessments (Miscellaneous Amendments) (Wales) Regulations 2019 (S.I. 2019/760), regs. 1(2), 12(b)

F3 Words in Sch. substituted (1.4.2019) by The Partnership Arrangements and Population Assessments (Miscellaneous Amendments) (Wales) Regulations 2019 (S.I. 2019/760), regs. 1(2), 12(c)

F4 Words in Sch. inserted (1.4.2019) by The Partnership Arrangements and Population Assessments (Miscellaneous Amendments) (Wales) Regulations 2019 (S.I. 2019/760), regs. 1(2), 12(d)

EXPLANATORY NOTE

(This note is not part of the Regulations)

Section 166 of the Social Services and Well-being (Wales) Act 2014 (“the Act”) enables Welsh Ministers to make regulations requiring a combination of local authorities and Local Health Boards to enter into partnership arrangements for carrying out specified functions.

These Regulations require Local Health Boards and local authorities to enter into partnership arrangements for the purpose of carrying out their functions under section 14 of the Act. These functions relate to the assessment of the needs of people in a local authority’s area, including the needs of carers (referred to in the regulations as a “population assessment”). A population assessment must also include an assessment of the range and level of services required to meet the needs of the people in the local authority’s area and the range and level of preventative services required.

Regulation 2 specifies the bodies (referred to in the regulations as “partnership bodies”) that must enter into a partnership arrangement for this purpose. Partnership arrangements must be entered into by each Local Health Board and the local authority or authorities within the area of each Local Health Board, as described in the Schedule.

Regulation 3 specifies the functions which are to be carried out in accordance with the partnership arrangements. These include the functions described in section 14 of the Act and any function described in regulations made under section 14(1) (see the Care and Support (Population Assessments) (Wales) Regulations 2015).

Regulations 4 and 5 make provision for the form of the partnership arrangement and the operation of the partnership arrangement, including the appointment of a lead co-ordinating body.

Regulation 6 makes provision for information sharing between the partnership bodies.

Regulation 7 enables the lead co-ordinating body to submit to the Welsh Ministers a copy of the population assessment reports which have been produced for the areas of each of the local authorities in the partnership arrangement.

(1)

2014 anaw 4.

(2)

SI 2015/1367 (W. 135). Regulation 6(4) of the Care and Support (Population Assessments) Regulations 2015 requires each local authority to submit to the Welsh Ministers a copy of the population assessment report which has been produced for its area.