The Well-being of Future Generations (Wales) Act 2015 (Public Bodies) (Amendment) Regulations 2024

Welsh Statutory Instruments

2024 No. 775 (W. 116)

Well-being, Wales

The Well-being of Future Generations (Wales) Act 2015 (Public Bodies) (Amendment) Regulations 2024

Made

27 June 2024

Coming into force

30 June 2024

The Welsh Ministers make the following Regulations in exercise of the powers conferred on them by sections 52(1)(a), 54(1)(b) and 54(3)(b) of the Well-being of Future Generations (Wales) Act 2015 (“the Act”)(1).

The Welsh Ministers have consulted with the Future Generations Commissioner for Wales, the Auditor General for Wales and the public bodies listed under regulation 2, as required under section 52(4) of the Act.

A draft of this instrument has been laid before and approved by a resolution of Senedd Cymru in accordance with section 54(4)(a) of the Act.

Title, commencement and interpretation

1.—(1) The title of these Regulations is the Well-being of Future Generations (Wales) Act 2015 (Public Bodies) (Amendment) Regulations 2024.

(2) These Regulations come into force on 30 June 2024.

(3) In these Regulations, “the Act” (“y Ddeddf”) means the Well-being of Future Generations (Wales) Act 2015.

Amendment of section 6 of the Act

2.—(1) Section 6(1)(2) (meaning of “public body”) of the Act is amended as follows.

(2) After paragraph (d)(ii) insert—

“(iii) Welsh Ambulance Services University NHS Trust;”.

(3) After paragraph (d) insert—

“(da) the following special health authorities established under section 22 of the National Health Service (Wales) Act 2006—

(i) Digital Health and Care Wales;

(ii) Health Education and Improvement Wales;”.

(4) After paragraph (l) insert—

“(m) Social Care Wales;

(n) Welsh Revenue Authority;

(o) Transport for Wales (company number 09476013);

(p) Centre for Digital Public Services Limited (company number 09341679);

(q) Qualifications Wales.”

Setting and publication of well-being objectives for public bodies added to section 6 of the Act by regulation 2

3.  In its application to the public bodies added to section 6 of the Act by regulation 2, paragraph (a) of section 9(2) (other public bodies’ well-being objectives) of the Act has effect as if for that paragraph there were substituted—

“(a) no later than 31 March 2025, and”.

Examination and report by Auditor General in relation to public bodies added to section 6 of the Act by regulation 2

4.—(1) Paragraph (2) applies for the period—

(a) beginning on 30 June 2024, and

(b) ending on the date falling one day and one year before the date on which the next ordinary general election after May 2026 is to be held under section 3 of the Government of Wales Act 2006(3).

(2) Section 15 of the Act has effect in relation to the public bodies added to section 6 of the Act by regulation 2 as if for subsection (6) there were substituted the following subsection—

“(6) The period referred to in subsections (2) and (3)—

(a) begins on 30 June 2024, and

(b) ends on the date falling one day and one year before the date on which the next ordinary general election after May 2026 is to be held under section 3 of the Government of Wales Act 2006.”

Lesley Griffiths

Cabinet Secretary for Culture and Social Justice, one of the Welsh Ministers

27 June 2024

EXPLANATORY NOTE

(This note is not part of the Regulations)

Section 6 (meaning of “public body”) of the Well-being of Future Generations (Wales) Act 2015 (“the Act”) lists certain persons as being a “public body” for the purposes of Part 2 (improving well-being) and Part 3 (the Future Generations Commissioner for Wales) of the Act.

These Regulations add eight additional persons (“the additional public bodies”) to the list of public bodies in section 6 of the Act: Welsh Ambulance Services University NHS Trust; Digital Health and Care Wales; Health Education and Improvement Wales; Social Care Wales; Welsh Revenue Authority; Transport for Wales (company number 09476013); Centre for Digital Public Services Limited (company number 09341679) and Qualifications Wales. This means that the additional public bodies will be liable to comply with Parts 2 and 3 of the Act.

Regulation 3 makes provision in relation to section 9 (other public bodies’ well-being objectives) of the Act, to specify that the additional public bodies must set and publish well-being objectives by 31 March 2025.

Regulation 4 makes provision in relation to section 15 (the sustainable development principle: Auditor General’s examinations) of the Act, which defines the reporting period for examinations by the Auditor General for Wales (“AGW”). Under section 15 of the Act, the AGW reporting period begins on the date falling one year before the date on which an ordinary general election is to be held under section 3 of the Government of Wales Act 2006 and ends on the date falling one day and one year before the date on which the next such election is to be held. Due to the additional bodies being added to the Act on 30 June 2024 and being required to set well-being objectives by 31 March 2025, this regulation amends the first AGW reporting period in relation to the additional public bodies, meaning that the AGW will be required to report on the additional public bodies from 30 June 2024 to the end of the next reporting period, set under section 15(6)(b). The additional public bodies will subsequently be subject to the reporting period under section 15(6) of the Act.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, a regulatory impact assessment has been prepared and a copy can be obtained from the Sustainable Futures Division, Welsh Government, Cathays Park, Cardiff, CF10 3NQ or [e-mail].

(1)

2015 anaw 2.

(2)

2015 anaw 2. Section 6(1) was amended by S.I. 2021/1360 (W. 356).

(3)

2006 c. 32.