The Regulation and Inspection of Social Care (Wales) Act 2016 (Commencement No. 2) Order 2016

Made5 July 2016

The Welsh Ministers, in exercise of the powers conferred on them by section 188 of the Regulation and Inspection of Social Care (Wales) Act 20161, make the following Order:

Title and interpretation1.

(1)

The title of this Order is the Regulation and Inspection of Social Care (Wales) Act 2016 (Commencement No. 2) Order 2016.

(2)

In this Order “the Act” (“y Ddeddf”) means the Regulation and Inspection of Social Care (Wales) Act 2016.

Appointed day2.

(1)

11 July 2016 is the appointed day for the coming into force of the following provisions of the Act for the purpose specified in paragraph (2)—

(a)

section 67 (Social Care Wales);

(b)

section 68 (SCW’s objectives);

(c)

section 73(1) and (2) (rules: general);

(d)

section 75 (consultation before making rules etc.).

(2)

The provisions in paragraph (1) are brought into force to the extent required, and for the purpose of, the effective discharge by Social Care Wales of its duty to consult under section 75(2) of the Act.

Rebecca Evans

Minister for Social Services and Public Health under authority of the Cabinet Secretary for Health, Well-being and Sport, one of the Welsh Ministers

5 July 2016

EXPLANATORY NOTE

(This note is not part of the Order)

This is the second Commencement Order made by the Welsh Ministers under the Regulation and Inspection of Social Care (Wales) Act 2016 (“the Act”). It commences certain provisions in the Act for a certain purpose on 11 July 2016.

Section 75(1) of the Act requires Social Care Wales (“SCW”) to comply with certain requirements in subsection (2) before making rules, publishing a code of practice and publishing guidance.

Article 2 commences certain provisions of the Act but only for the purpose of SCW being able to comply with the requirements in section 75(2) of the Act. Those provisions are—

(a)

section 67 which re-names the Care Council for Wales as Social Care Wales;

(b)

section 68 which sets out SCW’s main objective in carrying out its functions;

(c)

section 73(1) and (2) which establishes that rules must be made in writing and that the instrument containing the rules must specify the provision under which the rules are made;

(d)

section 75 which places SCW under a duty to comply with certain consultation requirements before making rules.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

The following provisions of this Act have been brought into force by Commencement Order made before the date of this Order:

Provision	Date of Commencement	S.I.No.
Paragraph 59 of Schedule 3	6 April 2016	2016/467 (W. 149) (C. 28)
Paragraphs 60 to 65 of Schedule 3	6 April 2016	2016/467 (W. 149) (C. 28)