The Care Planning, Placement and Case Review (Wales) Regulations 2015

Independent visitors

55.  A person appointed by the responsible authority as an independent visitor under section 98 of the 2014 Act is to be regarded as independent of that authority where the person appointed is not connected with the responsible authority by virtue of being—

(a) a member of the responsible authority or any of its committees or sub-committees, whether elected or co-opted,

(b) an officer of the responsible authority employed in the exercise of any of the following functions—

(i) the functions conferred on or exercisable by the responsible authority in its capacity as local education authority,

(ii) the functions conferred on or exercisable by the responsible authority which are social services functions (within the meaning of Schedule 2 to the 2014 Act so far as those functions relate to children),

(iii) the functions conferred on the responsible authority under sections 61 to 63 and 103 to 118 of the 2014 Act (so far as not falling within sub-paragraph (ii)),

(iv) the functions conferred on the responsible authority by sections 25, 26, 28 and 29 of the Children Act 2004(1),

(v) the functions conferred on the responsible authority in accordance with section 33 of the National Health Service (Wales) Act 2006(2) or section 75 of the National Health Service Act 2006(3), or

(c) a spouse, civil partner or other person (whether of different sex or the same sex) living in the same household as the partner of, a person falling within paragraphs (a) or (b).

(1)

2004 c. 31. Section 25 was amended by section 39 of and paragraphs 4(1) and 5 of Part 1 of Schedule 3 to the Offender Management Act 2007 (c. 21) (“the 2007 Act). Section 28 was amended by section 39 of and paragraphs 4(1) and 6 of Part 1 of Schedule 3 to the 2007 Act. Section 29 was amended by section 2 of and paragraphs 264 and 267 of Schedule 1 to the National Health Service (Consequential Provisions) Act 2006 (c. 43).

(2)

2006 c. 42.

(3)

2006 c. 41.