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[uk-legislation-anaw][anaw] 2024-05-03
http://www.legislation.gov.uk/anaw/2013/3/2019-07-23
http://www.legislation.gov.uk/anaw/2013/3/2019-07-23 Public Audit (Wales) Act 2013 An Act of the National Assembly for Wales to make provision reforming audit arrangements in Wales; continuing the office of Auditor General for Wales and creating a new body to be known as the Wales Audit Office; providing for the Auditor General for Wales to audit local government bodies in Wales; and for connected purposes. text text/xml en Statute Law Database 2023-02-17 Expert Participation 2019-07-23 Public Audit (Wales) Act 2013 Deddf Archwilio Cyhoeddus (Cymru) 2013 s. 28(2) Senedd Cymru (Members and Elections) Act 2024 Deddf Senedd Cymru (Aelodau ac Etholiadau) 2024 s. 4(6) s. 25(4) Public Audit (Wales) Act 2013 Deddf Archwilio Cyhoeddus (Cymru) 2013 s. 51(3) - (5) Senedd Cymru (Members and Elections) Act 2024 Deddf Senedd Cymru (Aelodau ac Etholiadau) 2024 s. 5(b) s. 25(4) Public Audit (Wales) Act 2013 Deddf Archwilio Cyhoeddus (Cymru) 2013 s. 11(2) Local Government and Elections (Wales) Act 2021 Deddf Llywodraeth Leol ac Etholiadau (Cymru) 2021 s. 170(2)(b)(i) s. 175(7) Public Audit (Wales) Act 2013 Deddf Archwilio Cyhoeddus (Cymru) 2013 Sch. 4 para. 83-88 and cross-heading Local Government and Elections (Wales) Act 2021 Deddf Llywodraeth Leol ac Etholiadau (Cymru) 2021 s. 170(2)(b)(ii) s. 175(7) Public Audit (Wales) Act 2013 Deddf Archwilio Cyhoeddus (Cymru) 2013 s. 23(3)(ba) Visitor Accommodation (Register and Levy) Etc. (Wales) Act 2025 Deddf Llety Ymwelwyr (Cofrestr ac Ardoll) Etc. (Cymru) 2025 Sch. 2 para. 18 s. 67(2) Public Audit (Wales) Act 2013 2013 anaw 3 An Act of the National Assembly for Wales to make provision reforming audit arrangements in Wales; continuing the office of Auditor General for Wales and creating a new body to be known as the Wales Audit Office; providing for the Auditor General for Wales to audit local government bodies in Wales; and for connected purposes. [29 April 2013] Having been passed by the National Assembly for Wales and having received the assent of Her Majesty, it is enacted as follows: Introduction Overview 1 The main provisions of this Act— a prescribe that the office of Auditor General for Wales is to continue upon the terms set out in Part 1, Chapter 1; b create a new corporate body called the Wales Audit Office (the “WAO”) and confer functions upon it (Part 2 and Schedules 1 and 2); c prescribe governance arrangements for the Auditor General for Wales and the WAO, including arrangements for oversight of the Auditor General by the WAO, and provisions regarding the relationship between the two (Part 2, Chapter 2 and Schedules 1 and 2); d prescribe how the functions of the Auditor General for Wales are to be exercised, and make provision for the Auditor General to audit the accounts of local government bodies in Wales (Part 1, Chapter 2). PART 1 AUDITOR GENERAL FOR WALES CHAPTER 1 THE OFFICE OF AUDITOR GENERAL FOR WALES Office of Auditor General for Wales 2 1 The office of Auditor General for Wales (the “Auditor General”) is to continue. 2 It is for Her Majesty to appoint a person to be Auditor General on the nomination of the National Assembly. 3 No nomination is to be made until the National Assembly is satisfied that reasonable consultation has been undertaken with such bodies as appear to the Assembly to represent the interests of local government bodies in Wales. 4 The person appointed holds office for up to 8 years. 5 The person may not be appointed again. 6 The validity of any act or omission of a person appointed as Auditor General is not affected by any defect in the person's nomination or appointment. Resignation or removal 3 1 A person appointed as Auditor General holds office until the end of the period for which the person was appointed (subject to subsections (2) and (3)). 2 Her Majesty may relieve a person from office as Auditor General before the end of the period for which the person was appointed— a at the person's request, or b on Her Majesty being satisfied that the person is incapable for medical reasons of performing the duties of the office and of requesting to be relieved of it. 3 Her Majesty may remove a person from office as Auditor General before the end of the period for which the person was appointed on the making of a recommendation, on the ground of the person's misbehaviour, that Her Majesty should do so. 4 A recommendation for the removal of a person from office as Auditor General may not be made unless— a the National Assembly has resolved that the recommendation should be made, and b the resolution of the Assembly is passed on a vote in which the number of Assembly members voting in favour is not less than two-thirds of the total number of Assembly seats. Disqualification 4 1 A person cannot be appointed as Auditor General if the person is disqualified on any of the grounds specified in subsection (3). 2 A person ceases to be Auditor General if the person is disqualified on any of the grounds specified in subsection (3). 3 A person is disqualified from being Auditor General if the person is— a a Member of the National Assembly; b the holder of any other office or position to which a person may be appointed, or recommended or nominated for appointment, by or on behalf of— i the Crown, ii the National Assembly, or iii the National Assembly Commission; c a Member of the House of Commons or House of Lords; d a Member of the Scottish Parliament; e a Member of the Northern Ireland Assembly; f an employee of the Wales Audit Office. Employment etc of former Auditor General 5 1 This section applies to a person who was appointed as Auditor General under this Part but who no longer holds that office. 2 Before— a taking up an office or position of a description specified by the National Assembly, or b entering into an agreement or other arrangement of a description so specified, the person must consult any person specified by the National Assembly. 3 The National Assembly must publish a list of— a the offices and positions specified for the purposes of subsection (2)(a); b the agreements and other arrangements specified for the purposes of subsection (2)(b). 4 Subsections (5) and (6) apply for a period of 2 years starting with the day on which the person ceases to be Auditor General. 5 The person must not— a hold an office or position to which a person may be appointed, or recommended or nominated for appointment, by or on behalf of— i the Crown, ii the National Assembly, or iii the National Assembly Commission; or b be a member, director, officer or employee of a person listed in subsection (7). 6 The person must not, in any capacity, provide services to— a the Crown or any body or other person acting on behalf of the Crown, b the National Assembly or any body or other person acting on behalf of the Assembly, c the National Assembly Commission or any body or other person acting on behalf of the Commission, or d a person listed in subsection (7). 7 The persons are— a a person whose accounts, or statements of accounts, fall to be examined by the Auditor General in accordance with provision made by or by virtue of an enactment; b a person to whom a value for money study or examination carried out by the Auditor General in accordance with provision made by or by virtue of an enactment relates; c a person to whom a study carried out by the Auditor General in accordance with section 145A(2) of the Government of Wales Act 1998 (studies relating to the provision of services by any relevant body or bodies) relates; d a registered social landlord to whom the Auditor General provides advice or assistance under section 145D of the Government of Wales Act 1998; e a person in respect of whom the Auditor General has functions, or in respect of whom the Auditor General exercises functions on behalf of the Welsh Ministers, by virtue of section 146A of the Government of Wales Act 1998 (transfer of functions of Welsh Ministers); f a person to whose financial affairs and transactions accounts prepared by the Welsh Ministers under section 131 of the Government of Wales Act 2006 are to relate by virtue of subsection (3) of that section; g a person to whose financial affairs and transactions accounts prepared by the National Assembly Commission under section 137 of the Government of Wales Act 2006 are to relate by virtue of subsection (2) of that section. 8 But subsections (5) and (6) do not prevent a person from holding any of the following offices— a Comptroller and Auditor General; b Auditor General for Scotland; c Comptroller and Auditor General for Northern Ireland. 9 In this section, “ a value for money study or examination ” means a study or examination into the economy, efficiency and effectiveness with which a person has discharged that person's functions, or has used resources in discharging those functions. Status etc 6 1 The person for the time being holding the office of Auditor General continues, by the name of that office, to be a corporation sole. 2 The Auditor General is not to be regarded as holding office under Her Majesty or as exercising any functions on behalf of the Crown. 3 But the Auditor General is to be taken to be a Crown servant for the purposes of the Official Secrets Act 1989. Remuneration 7 1 Before a person is appointed as Auditor General, remuneration arrangements are to be made in respect of that person by the National Assembly. 2 But before those arrangements can be made, the First Minister must be consulted. 3 The remuneration arrangements— a may make provision for a salary, allowances, gratuities, arrangements for a pension and other benefits, and b may include a formula or other mechanism for adjusting one or more of those elements from time to time. 4 But no element is to be performance-based. 5 The National Assembly Commission must make payments to the Minister for the Civil Service, at such times as the Minister may determine, of such amounts as may be so determined, in respect of— a the provision of pensions, allowances, gratuities or other benefits by virtue of section 1 of the Superannuation Act 1972 to or in respect of any person who holds or has ceased to hold office as Auditor General, and b the expenses incurred in administering those pensions, allowances, gratuities or other benefits. 6 Amounts payable by virtue of this section are to be charged on, and paid out of, the Welsh Consolidated Fund. CHAPTER 2 AUDITOR GENERAL'S FUNCTIONS General provision about the exercise of the Auditor General's functions etc How functions are to be exercised 8 1 The Auditor General has complete discretion as to the manner in which the functions of that office are exercised and is not subject to the direction or control of the National Assembly or the Welsh Government. 2 But this discretion is subject to subsection (3). 3 The Auditor General must— a aim to carry out his or her functions efficiently and cost-effectively; b have regard, as he or she considers appropriate, to the standards and principles that an expert professional provider of accounting or auditing services would be expected to follow; c have regard to advice given to him or her by the WAO (see section 17(3)). Supplementary powers 9 1 The Auditor General may do anything calculated to facilitate, or which is incidental or conducive to, the carrying out of any of the Auditor General's functions. 2 But the Auditor General may not do anything which is or could become the responsibility of the WAO by virtue of paragraphs (a) to (c) of section 21(2) (provision of resources for Auditor General's functions). Code of audit practice 10 1 The Auditor General must issue a code of audit practice prescribing the way in which the functions of the Auditor General specified in subsection (2) are to be carried out. 2 The functions are— a examining any accounts or statements of accounts that fall to be examined by the Auditor General in accordance with provision made by or by virtue of an enactment; b carrying out, undertaking or promoting value for money studies or examinations in accordance with provision made by or by virtue of an enactment; c those contained in, or transferred to the Auditor General under, the following provisions of the Government of Wales Act 1998— i section 145A(2) (undertaking or promoting other studies relating to the provision of services by certain bodies); ii section 145C(8) (disclosing information obtained in the course of a study in respect of a registered social landlord to the Welsh Ministers); iii section 145D (providing advice and assistance to a registered social landlord); iv section 146 (transfer of functions of the Comptroller and Auditor General in respect of certain bodies to the Auditor General); v section 146A (transfer etc to the Auditor General of supervisory functions of Welsh Ministers in respect of certain bodies); vi section 147 (transfer of functions of the Comptroller and Auditor General in respect of the Environment Agency to the Auditor General); d those contained in the following provisions of the Public Audit (Wales) Act 2004— i Part 2 (audit of local government bodies in Wales); ii section 45 (conducting, or assisting the Secretary of State in conducting, benefit administration studies); iii section 51 (referring matters related to social security to the Secretary of State); e those contained in the following provisions of Schedule 8 to the Government of Wales Act 2006— i paragraph 17 (access to documents); ii paragraph 20 (certification of claims, returns etc at the request of a body). 3 The Auditor General must comply with the code. 4 The code must embody what appears to the Auditor General to be the best professional practice with respect to the standards, procedures and techniques to be adopted in carrying out functions of a kind specified in subsection (2). 5 The code may make different provision for different cases or classes of case. 6 Before issuing the code (including any revised code) the Auditor General must consult such persons as the Auditor General thinks appropriate. 7 The Auditor General must arrange for the code (including any revised code) to be published. 8 In this section, “ a value for money study or examination ” means a study or examination into the economy, efficiency and effectiveness with which a person has discharged that person's functions, or has used resources in discharging those functions. Functions relating to local government Audit of local government bodies 11 1 For section 13 of the Public Audit (Wales) Act 2004 (audit of accounts of local government bodies in Wales) substitute— Audit of accounts of local government bodies in Wales 13 1 A local government body in Wales— a must make up its accounts each year to 31 March or such other date as the Welsh Ministers may generally or in any special case direct; b must ensure that its accounts are audited in accordance with this Chapter. 2 The Auditor General for Wales must audit the accounts of local government bodies in Wales. . 2 In section 16 of the Local Government (Wales) Measure 2009 (meaning of “ relevant regulators ” and “ relevant functions ”), omit paragraph (e) of subsection (2). Provision relating to the transfer of supervisory functions of the Welsh Ministers Transfer etc of supervisory functions of Welsh Ministers: consultation 12 In the Government of Wales Act 1998, in section 146A (transfer etc to the Auditor General of supervisory functions of Welsh Ministers in respect of certain bodies), after subsection (1) insert— 1A But before making an order under subsection (1), the Welsh Ministers must consult the Wales Audit Office. . PART 2 THE WALES AUDIT OFFICE AND ITS RELATIONSHIP WITH THE AUDITOR GENERAL CHAPTER 1 THE WALES AUDIT OFFICE Incorporation of Wales Audit Office 13 1 There is to be a body corporate called the Wales Audit Office (“the WAO”). 2 Schedule 1 contains provision about the WAO. Powers 14 The WAO may do anything (including acquiring or disposing of any property or rights and accepting gifts of money or other property) which is calculated to facilitate, or which is incidental or conducive to, the exercise of any of its functions. Efficiency 15 The WAO must aim to carry out its functions efficiently and cost-effectively. CHAPTER 2 RELATIONSHIP BETWEEN THE AUDITOR GENERAL AND THE WAO General Relationship with the Auditor General 16 1 The Auditor General is to be the chief executive (but not an employee) of the WAO. 2 Schedule 2 contains further provision about the relationship between the WAO and the Auditor General. WAO to monitor and provide advice 17 1 The WAO must, in such manner as it considers appropriate, monitor the exercise of the Auditor General's functions. 2 The WAO may provide advice to the Auditor General about the Auditor General's functions. 3 The Auditor General must have regard to any advice given. Delegation and joint exercise of functions of the Auditor General 18 1 The Auditor General may delegate any of the functions of that office to— a an employee of the WAO, b a person who provides services to the WAO, or c an employee of the WAO and a person who provides services to the WAO acting jointly. 2 But a function may only be delegated if the employee or other person is authorised (or in the case of subsection (1)(c) both are authorised) to exercise functions of the Auditor General under a scheme prepared by the Auditor General. 3 A scheme must describe the conditions subject to which a delegation under subsection (1) must be made. 4 An employee or other person may not be authorised under a scheme unless the employee or person agrees to comply with the code of audit practice issued under section 10(1). 5 A scheme may include different provision for different cases or classes of case. 6 The Auditor General may revise a scheme at any time. 7 In preparing or revising a scheme the Auditor General must consult the WAO. 8 If the scheme makes provision to that effect, any function of the Auditor General may be exercised jointly by— a the Auditor General and an employee of the WAO, b the Auditor General and a person who provides services to the WAO, or c the Auditor General, an employee of the WAO and a person who provides services to the WAO. 9 A delegation does not prevent the Auditor General from doing anything personally. 10 Provision made under subsection (1) for the delegation of a function, or under subsection (8) for the joint exercise of a function, does not affect the Auditor General's responsibility for that function. 11 The function of preparing a scheme under this section may not be delegated. Provision of services Provision of services 19 1 Arrangements may be made between the WAO and a relevant authority— a for any function of the authority to be exercised by the WAO or by an employee of the WAO; b for any function of the authority to be exercised by the Auditor General; c for administrative, professional or technical services to be provided— i to or for the purposes of the authority by the WAO, ii by, or on behalf of, the authority to the WAO, or iii by, or on behalf of, the authority to the Auditor General; d for administrative, professional or technical services to be provided to or for the purposes of the authority by the Auditor General. 2 But the WAO must consult the Auditor General before entering into arrangements of the type mentioned in subsection (1)(b), (c)(iii) or (d). 3 Any arrangements under subsection (1)(a) or (b) for the exercise of a function of a relevant authority do not affect the relevant authority's responsibility for that function. 4 If the condition in subsection (5) is met, the WAO and a relevant authority, a qualified auditor, or an accountancy body may— a make arrangements to co-operate with, and give assistance to, each other, or b make arrangements for that authority, auditor or body and the Auditor General to co-operate with, and give assistance to, each other. 5 The condition is that— a the WAO considers that to do so would facilitate, or be conducive to, the exercise of the functions of the Auditor General or the WAO, and b the relevant authority, qualified auditor or accountancy body in question considers that to do so would facilitate, or be conducive to, the exercise of the functions of that authority, person or body. 6 But the WAO must consult the Auditor General before entering into arrangements of the type mentioned in subsection (4)(b). 7 The WAO may make arrangements under this section on such terms, including terms about payment, as the WAO thinks fit. 8 But terms relating to payment to the WAO must be made in accordance with a scheme for charging fees prepared under section 24. 9 In this section— “accountancy body”means— a body which is a recognised supervisory body for the purposes of Part 42 of the Companies Act 2006, or an approved European body of accountants; “ qualified auditor ” means a person who is— eligible for appointment as a statutory auditor under Part 42 of the Companies Act 2006, or a member of an approved European body of accountants; “ approved European body of accountants ” means a body of accountants which— is established in the United Kingdom or another EEA state, and is for the time being approved by the Welsh Ministers by order; “ relevant authority ” means any Minister of the Crown or government department, any public authority (including any local authority), or the holder of any public office. Income and expenses Expenditure 20 1 For each financial year the Auditor General and the WAO must jointly— a prepare an estimate of the income and expenses of the WAO, and b lay the estimate before the National Assembly. 2 Each estimate must cover (amongst other things) the resources required for the purposes of section 21 (resources for Auditor General). 3 Each estimate must be laid before the National Assembly at least five months before the beginning of the financial year to which it relates. 4 The National Assembly may make any modifications to the estimate which it considers appropriate (subject to subsection (5)). 5 No modification can be made under subsection (4) unless— a the Auditor General and the WAO have been consulted, and b any representations that either may make have been taken into account. Provision of resources for Auditor General's functions 21 1 The WAO must provide resources for the exercise of the Auditor General's functions as required by the Auditor General. 2 In particular, the WAO is responsible for— a employing staff to assist in the exercise of those functions; b securing services from any person for the purposes of those functions; c holding property for the purposes of those functions; d holding documents or information acquired or generated in the course of, or otherwise for the purposes of, those functions (see paragraph 4(2) of Schedule 2); e keeping records in relation to those functions. Borrowing 22 The WAO may borrow sums in sterling (by way of overdraft or otherwise) to be applied for the purpose of meeting a temporary excess of expenditure over sums otherwise available to meet it. Fees General provision relating to fees 23 1 Fees and other sums received by the Auditor General must be paid to the WAO. 2 The WAO may charge a fee in relation to the audit of a person's accounts or statement of accounts by the Auditor General. 3 The WAO may charge a fee in relation to— a an examination, certification or report under paragraph 18(3) of Schedule 8 to the Government of Wales Act 2006 (certain examinations into the economy etc with which a person has used resources); b an examination under section 145 of the Government of Wales Act 1998 (examinations into the use of resources) or a study under section 145A of that Act (studies for improving economy etc in services), where undertaken at a person's request; ba an examination, certification or report under section 31 of the Tax Collection and Management (Wales) Act 2016 in respect of the Welsh Revenue Authority's Tax Statement; c an examination or study undertaken by the Auditor General at a person's request under section 46(4) of the Environment Act 1995; ca an examination under section 15 of the Well-being of Future Generations (Wales) Act 2015 (anaw 2) (examinations of public bodies for the purposes of assessing the extent to which a body has acted in accordance with the sustainable development principle); d any services provided or functions exercised under section 19. 4 The WAO must charge a fee in relation to— a the provision of services to a body under paragraph 20 of Schedule 8 to the Government of Wales Act 2006 (certification of claims, returns etc at the request of a body); b a study at the request of an educational body under section 145B of the Government of Wales Act 1998. 5 Fees under this section— a may only be charged in accordance with a scheme prepared by the WAO under section 24; b may not exceed the full cost of exercising the function to which the fee relates; c are payable to the WAO by the person to whom the function being exercised relates. Scheme for charging fees 24 1 The WAO must prepare a scheme relating to the charging of fees by the WAO. 2 The scheme must include the following— a a list of the enactments under which the WAO may charge a fee; b where those enactments make provision for the WAO to prescribe a scale or scales of fees, that scale or those scales; c where those enactments make provision for the WAO to prescribe an amount to be charged, that amount; d where no provision is made for a scale or scales of fees or for an amount to be prescribed, the means by which the WAO is to calculate the fee. 3 The scheme may, amongst other things— a include different provision for different cases or classes of case, and b provide for times at which and the manner in which payments are to be made. 4 The WAO— a must review the scheme at least once in every calendar year, b may revise or remake the scheme at any time, and c must lay the scheme (and any revision to it) before the National Assembly. 5 Where the Welsh Ministers prescribe a scale or scales of fees under— a section 64F of the Public Audit (Wales) Act 2004 (fees for data matching), or b section 27A of the Local Government (Wales) Measure 2009 (Welsh Ministers' power to prescribe a scale of fees), to have effect instead of a scale or scales prescribed by the WAO, the WAO must revise the scheme to include the scale or scales prescribed by the Welsh Ministers instead of those prescribed by the WAO. 6 If a revision made in accordance with subsection (5) is the only revision to a scheme, it does not require the approval of the National Assembly. 7 The scheme takes effect when approved by the National Assembly or, in the case of a revision made in accordance with subsection (5), once it has been laid before the Assembly. 8 The WAO must publish the scheme (and any revision to it) as soon as reasonably practicable after it takes effect. Annual plan Annual plan 25 1 Before the beginning of each financial year, the Auditor General and the WAO must jointly prepare an annual plan for that year. 2 The annual plan must set out the following— a the Auditor General's work programme; b the WAO's work programme; c the resources available, and which may become available, to the WAO; d how those resources are to be used in order to undertake the Auditor General's programme; e how those resources are to be used in order to undertake the WAO's programme; f the maximum amount of the resources available, and which may become available, that it is anticipated will be allocated by the WAO to the Auditor General for the purpose of undertaking the Auditor General's programme. 3 In this Chapter— “ Auditor General's work programme ” means the Auditor General's priorities for the year in exercising his or her functions; “ WAO's work programme ” means the WAO's priorities for the year in exercising its functions under this Act. Annual plan: National Assembly 26 The Auditor General and the chair of the WAO must lay the annual plan before the National Assembly. Annual plan: effect 27 The Auditor General and the WAO are not to be bound by the annual plan, but they must have regard to it in the exercise of their functions, including (but not limited to) when exercising functions relating to the provision of resources by the WAO to the Auditor General under section 21. PART 3 MISCELLANEOUS AND GENERAL Functions of the National Assembly 28 1 The National Assembly may by standing orders make provision regarding the exercise of the functions conferred upon it by or under this Act. 2 Such provision includes, but is not limited to, delegating functions to the Presiding Officer, the Deputy Presiding Officer, a committee or sub-committee of the National Assembly or the chair of such a committee or sub-committee. 3 This section does not apply to the National Assembly's functions under section 30 (orders). Indemnification 29 1 There is to be charged on and paid out of the Welsh Consolidated Fund any amount payable by an indemnified person in consequence of any liability for a breach of duty. 2 The liability must not be to another indemnified person. 3 The following are indemnified persons— a a former or current Auditor General appointed under this Act; b the WAO; c a former or current member of the WAO; d a former or current employee of the WAO; e a person who is providing, or has provided, services to the Auditor General or to the WAO under arrangements made by the WAO. 4 A breach of duty for the purposes of subsection (1) means a breach of duty (whether under a contract or agreement or otherwise, and whether by reason of an act or omission) incurred by an indemnified person in exercising functions that fall to be exercised by that person in accordance with the provision of an enactment. Working with the Public Services Ombudsman for Wales 29A 1 Where the Public Services Ombudsman for Wales consults the Auditor General under section 68 of the Public Services Ombudsman (Wales) Act 2019 (anaw 3), the Ombudsman and the Auditor General may— a co-operate with each other in relation to the matter, b conduct a joint investigation into the matter, and c prepare and publish a joint report in relation to the investigation. Orders 30 1 A power of the Welsh Ministers to make an order under this Act is exercisable by statutory instrument. 2 A statutory instrument containing an order under section 33 (transitional, supplementary etc provision) that contains a provision amending, repealing or otherwise modifying an enactment (other than an enactment contained in subordinate legislation) or prerogative instrument may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly. 3 Any other statutory instrument containing an order under this Act, apart from an instrument containing only an order under section 35 (commencement), is subject to annulment in pursuance of a resolution of the National Assembly. 4 Any power of the Welsh Ministers to make an order under this Act (apart from an order under section 35 (commencement)) includes power— a to make different provision for different cases or classes of case, or for different purposes; b to make provision generally or subject to specific exemptions or exceptions, or in relation to specific cases or classes of case; c to make such supplementary, transitional, transitory, consequential, saving, incidental and other provision as the Welsh Ministers think necessary or appropriate. Directions 31 1 Any direction given under this Act— a must be given in writing; b may be varied or revoked by a later direction; c may make provision generally or in relation to specific cases or classes of case; d may make different provision for different cases or classes of case, or for different purposes. 2 Subsection (1) does not limit the powers under this Act to give directions. Interpretation 32 In this Act— “ Auditor General ” (“ Archwilydd Cyffredinol ”) means the Auditor General for Wales (see Chapter 1 of Part 1); “ enactment ” (“ deddfiad ”) means any enactment whenever passed or made, including— an enactment contained in this Act, any other Act of the Assembly or an Assembly Measure, and subordinate legislation (within the meaning given in the Interpretation Act 1978), whether made under an Act of the Assembly, an Assembly Measure or otherwise; “ financial year ” (“ blwyddyn ariannol ”) means the 12 months ending with 31 March; “ local government body ” (“ corff llywodraeth leol ”) has the meaning given in section 12 of the Public Audit (Wales) Act 2004; “ National Assembly ” (“ Cynulliad Cenedlaethol ”) means the National Assembly for Wales; “ National Assembly Commission ” (“ Comisiwn y Cynulliad Cenedlaethol ”) means the National Assembly for Wales Commission; “ WAO ” (“ SAC ”) means the Wales Audit Office (see Chapter 1 of Part 2); “ Welsh Government ” (“ Llywodraeth Cymru ”) means the Welsh Assembly Government. Transitional, supplementary and saving provisions etc 33 1 Schedule 3 (transitional etc provisions) has effect. 2 The Welsh Ministers may by order make such supplementary, transitional, transitory, consequential, saving, incidental and other provision as they think appropriate in connection with, or to give full effect to, this Act. 3 The provision that may be made under subsection (2) includes, amongst other things, amendments, repeals and revocations of any enactment or prerogative instrument. 4 Nothing in Schedule 3 limits the power conferred by subsection (2); and such an order may, amongst other things, make modifications of that Schedule. Minor and consequential amendments 34 Schedule 4 (minor and consequential amendments) has effect. Commencement 35 1 The following provisions come into force on the day on which this Act receives Royal Assent— a section 30; b this section; c section 36. 2 Subject to subsection (1), this Act comes into force in accordance with provision made by the Welsh Ministers by order. 3 An order under subsection (2) may— a make provision for different days to be appointed for different purposes; b include supplementary, transitional, transitory, consequential, saving, incidental and other provision in relation to commencement. Short title 36 The short title of this Act is the Public Audit (Wales) Act 2013. SCHEDULE 1 Incorporation of Wales Audit Office (introduced by section 13(2)) PART 1 MEMBERSHIP AND STATUS Membership 1 1 The WAO is to have 9 members. 2 They are to be— a 5 persons who are not employees of the WAO (“non-executive members”) (see Part 2 of this Schedule), b the Auditor General (see Part 3 of this Schedule), and c 3 employees of the WAO (“the employee members”) (see Parts 4 and 5 of this Schedule). Appointment of non-executive and employee members 2 1 The members of the WAO (other than the Auditor General) are to be appointed in accordance with the provisions of this Schedule. 2 All appointments must be on merit. 3 A person cannot be appointed as a member of the WAO if the person is disqualified from being appointed on any of the grounds specified in Part 6 of this Schedule. 4 A person ceases to be a member of the WAO if the person is disqualified on any of those grounds. Status 3 1 Neither the WAO nor any of its members is to be regarded— a as the servant or agent of the Crown, or b as enjoying any status, immunity or privilege of the Crown. 2 But members of the WAO are to be taken to be Crown servants for the purposes of the Official Secrets Act 1989. 3 The WAO's property is not to be regarded as property of, or held on behalf of, the Crown. 4 This paragraph does not apply to the Auditor General (and for provisions about the status of the Auditor General, see section 6). PART 2 NON-EXECUTIVE MEMBERS Appointment of non-executive members 4 1 Non-executive members are to be appointed by the National Assembly. 2 Appointments made under sub-paragraph (1) must be based on the conclusions of a fair and open competition. Appointment of chair of the WAO 5 1 The chair of the WAO is to be appointed by the National Assembly from amongst the non-executive members. 2 But no appointment can be made until the First Minister has been consulted. 3 The National Assembly may extend an appointment under this paragraph in accordance with the procedure required for the original appointment. 4 An extension of an appointment counts as a separate appointment for the purposes of paragraphs 6 to 8. Period of appointment and re-appointment 6 1 An appointment under this Part of this Schedule is to be for a period of no more than 4 years. 2 A person may not be appointed under this Part of this Schedule more than twice. Remuneration arrangements 7 1 The National Assembly may make remuneration arrangements in relation to the person who chairs the WAO (subject to sub-paragraph (2) and paragraph 9). 2 But no arrangements can be made until the First Minister has been consulted. 3 Amounts payable by virtue of sub-paragraph (1) are to be charged on, and paid out of, the Welsh Consolidated Fund. 4 The National Assembly may make remuneration arrangements in relation to any other non-executive member. 5 Amounts payable under sub-paragraph (4) are to be paid by the WAO. 6 Remuneration arrangements under this paragraph— a may provide for a salary, allowances, gratuities, and other benefits to cover expenses properly and necessarily incurred, but not for a pension, and b may include a formula or other mechanism for adjusting one or more of those elements from time to time. 7 But no element is to be performance-based. Other terms of appointment 8 1 The National Assembly may determine other terms for an appointment under this Part of this Schedule (subject to paragraph 9). 2 Those terms may include restrictions on— a the offices or positions (including offices and positions to which persons may be appointed, or recommended or nominated for appointment, by or on behalf of the Crown, the National Assembly, or the National Assembly Commission)— i that the non-executive member may hold while, or after ceasing to be, a member; ii that the chair of the WAO may hold while, or after ceasing to be, chair, and b the agreements or other arrangements (including agreements and arrangements with the Crown, the National Assembly or the National Assembly Commission or bodies or other persons acting on behalf of the Crown, the National Assembly or the National Assembly Commission)— i to which the non-executive member may be a party while, or after ceasing to be, a member; ii to which the chair of the WAO may be a party while, or after ceasing to be, chair. 3 But restrictions may only be imposed while a person is a non-executive member and for a maximum of 2 years afterwards, starting with the day on which the person ceases to be a non-executive member. Consultation 9 1 No arrangements under paragraph 7 or determination under paragraph 8 may be made unless there has been consultation with an appropriate person with oversight of public appointments. 2 Consultation required under sub-paragraph (1) is in addition to the consultation required under paragraph 7(2). Termination of appointments 10 1 The person who chairs the WAO may resign from the position of chair by giving written notice to the National Assembly. 2 A non-executive member may resign by giving written notice to the National Assembly. 3 The term of appointment of a person who resigns in accordance with sub-paragraphs (1) or (2) ends when the resignation is accepted. 11 1 The National Assembly may terminate the appointment of a non-executive member by giving the member written notice if— a the member has been absent from meetings of the WAO without the WAO's permission for a period or periods totalling 3 months or more in any 12 month period, b the member has become bankrupt or has made an arrangement with creditors, c the member's estate has been sequestrated in Scotland or the member has entered into a debt arrangement programme under Part 1 of the Debt Arrangement and Attachment (Scotland) Act 2002 as the debtor or has, under Scots law, made a composition or arrangement with, or granted a trust deed for, the member's creditors, d the member is unfit to continue the appointment because of misconduct, e the member has failed to comply with the terms of the appointment, or f the member is otherwise unable, unfit or unwilling to carry out the member's functions. 2 If a non-executive member whose appointment is terminated under sub-paragraph (1) is the chair of the WAO, that person's appointment as chair is also terminated. 12 1 The National Assembly may terminate the appointment of a non-executive member as chair of the WAO. 2 But before an appointment can be terminated the First Minister must be consulted. 3 The National Assembly may terminate the appointment if the chair of the WAO— a has failed to comply with the terms of appointment, or b is otherwise unwilling to carry out the functions of chairing the WAO. PART 3 AUDITOR GENERAL Additional remuneration of the Auditor General 13 1 The WAO may make provision for additional payments to be made to the Auditor General by way of allowances and other benefits to cover expenses properly and necessarily incurred by the Auditor General in his or her capacity as a member and chief executive of the WAO. 2 Payments made under sub-paragraph (1) may be made in addition to the remuneration payable to the Auditor General under section 7. 3 Amounts payable by virtue of sub-paragraph (1) are to be paid by the WAO. PART 4 EMPLOYEE MEMBERS Appointment 14 The employee members are to comprise— a a person appointed in accordance with paragraph 15 (“the appointed member”), and b 2 persons appointed in accordance with paragraph 16 (“the elected members”). The appointed member 15 1 The Auditor General must recommend a person to the non-executive members for appointment under this paragraph. 2 The non-executive members must— a appoint that person, or b require the Auditor General to recommend another person (in which event this sub-paragraph applies again and so on until someone is appointed). The elected members 16 1 The WAO must conduct a ballot of its staff for the purpose of appointing a person or, as the case may be, persons under this paragraph. 2 The elected members are to be appointed by the non-executive members in accordance with the result of the ballot. 3 An appointment made under this paragraph is to be treated as an appointment on merit for the purposes of paragraph 2(2) (appointment of WAO members to be on merit). Terms of appointment 17 1 The terms of the employee members' appointment are to be determined by the non-executive members. 2 The terms may include remuneration arrangements which— a may provide for allowances, gratuities, and other benefits to cover expenses properly and necessarily incurred by the person in the capacity of member of the WAO, and b may include a formula or other mechanism for adjusting one or more of those elements from time to time. 3 The remuneration arrangements may not provide for payment of a salary or, subject to sub-paragraph (5), a pension. 4 Amounts payable by virtue of sub-paragraph (2) are to be paid by the WAO. 5 If an employee member (“E”) is a participant in a pension scheme under the terms of E's employment with the WAO, the remuneration arrangements must (without affecting the continuity of that employment) provide for E's service as an employee member to be treated for the purposes of the scheme as service as an employee of the WAO. Other terms of appointment 18 1 The non-executive members may determine other terms for an appointment of an employee member. 2 Those terms may include restrictions on— a the offices or positions (including offices and positions to which persons may be appointed, or recommended or nominated for appointment, by or on behalf of the Crown, the National Assembly, or the National Assembly Commission) that the employee member may hold while, or after ceasing to be, a member; b the agreements or other arrangements (including agreements and arrangements with the Crown, the National Assembly or the National Assembly Commission or bodies or other persons acting on behalf of the Crown, the National Assembly or the National Assembly Commission) to which the employee member may be a party while, or after ceasing to be, a member. 3 But restrictions may only be imposed while a person is an employee member and for a maximum of 2 years afterwards, starting with the day on which the person ceases to be an employee member. Termination of appointments 19 The appointment of an employee member terminates— a if the terms of appointment provide for it to expire at the end of a period, at the end of that period, and b in any event, when the member ceases to be an employee of the WAO. 20 1 An employee member may resign by giving written notice to the non-executive members. 2 The appointment is terminated upon acceptance of the resignation by the non-executive members. 21 The non-executive members may terminate the appointment of an employee member by giving the member written notice if— a the member has been absent from meetings of the WAO without the WAO's permission for a period or periods totalling 3 months or more in any 12 month period, b the member has become bankrupt or has made an arrangement with creditors, c the member's estate has been sequestrated in Scotland or the member has entered into a debt arrangement programme under Part 1 of the Debt Arrangement and Attachment (Scotland) Act 2002 as the debtor or has, under Scots law, made a composition or arrangement with, or granted a trust deed for, the member's creditors, d the member is unfit to continue the appointment because of misconduct, e the member has failed to comply with the terms of the appointment, or f the member is otherwise unable, unfit or unwilling to carry out the member's functions. PART 5 EMPLOYEES Appointment 22 1 The WAO may employ staff. 2 A person cannot be appointed as a member of staff of the WAO if the person is disqualified from being appointed on any of the grounds specified in Part 6 of this Schedule. 3 A person ceases to be a member of staff of the WAO if the person is disqualified on any of those grounds. 4 Staff of the WAO are to be employed on such terms as the WAO may determine. 5 A person who is an employee of the WAO may not hold any office or position to which a person may be appointed, or recommended or nominated for appointment, by or on behalf of the Crown, the National Assembly or the National Assembly Commission. Status 23 A member of the staff of the WAO is not to be regarded— a as the servant or agent of the Crown, or b as enjoying any status, immunity or privilege of the Crown. 24 But a member of the staff of the WAO is to be taken to be a Crown servant for the purposes of the Official Secrets Act 1989. Remuneration arrangements 25 1 The WAO must pay employees such remuneration as may be provided for by or under the terms of their employment. 2 The WAO must make payments to the Minister for the Civil Service, at such times as the Minister may determine, of such amounts as may be so determined in respect of— a the provision of pensions, allowances, gratuities or other benefits by virtue of section 1 of the Superannuation Act 1972 to or in respect of any persons who are or have been members of the staff of the WAO, and b the expenses incurred in administering those pensions, allowances, gratuities or other benefits. PART 6 DISQUALIFICATION AS MEMBER OF, OR EMPLOYEE OF, THE WAO 26 1 A person cannot be appointed as a member or employee of the WAO if the person is disqualified on any of the grounds specified in sub-paragraph (3). 2 A person ceases to be a member or employee of the WAO if the person is disqualified on any of the grounds specified in sub-paragraph (3). 3 A person is disqualified from being a member or employee of the WAO if the person is— a a Member of the National Assembly; b the holder of any other office or position to which a person may be appointed, or recommended or nominated for appointment, by or on behalf of— i the Crown, ii the National Assembly, or iii the National Assembly Commission; c a Member of the House of Commons or House of Lords; d a Member of the Scottish Parliament; or e a Member of the Northern Ireland Assembly. 4 Sub-paragraph (3)(b) is to be disregarded in the case of the Auditor General. PART 7 PROCEDURAL RULES General 27 The WAO must make rules for the purpose of regulating the WAO's procedure. Quorum for WAO meetings 28 1 The rules must provide for a quorum for any meetings of the WAO (including meetings of committees or sub-committees set up under paragraph 29). 2 The rules may provide that different quorums may apply in different circumstances (for example, in relation to particular meetings or for particular purposes). 3 The rules must provide that in all circumstances a quorum cannot be met unless a majority of the members present are non-executive members. Committees 29 1 The rules may include— a provision for the setting up of committees of the WAO and for those committees to set up sub-committees, and b provision regulating the procedures of those committees and sub-committees. 2 An employee of the WAO who is not an employee member may be a member of a committee or sub-committee. 3 A person who is neither a member of the WAO nor an employee of the WAO may be a member of a committee or sub-committee, provided that no functions of the WAO are delegated to the committee or sub-committee (see paragraph 32). Ballots 30 The rules must include provision about the conduct of ballots for the purpose of appointing employee members (see paragraph 16). PART 8 OTHER MATTERS Validity 31 The validity of anything done by the WAO (including anything done by its non-executive members, the employee members, any committee or sub-committee and by any employee of the WAO) is not affected by— a a vacancy, or b a defective appointment. Delegation of functions 32 1 The WAO may delegate any of its functions to— a any of its members, employees or committees, or b a person who provides services to the WAO. 2 A committee may delegate functions (including functions delegated to it) to a sub-committee. 3 The delegation of a function does not prevent the WAO or the committee (as the case may be) from carrying out the function itself. 4 The delegation of a function does not affect the WAO's or the committee's responsibility for the function (as the case may be). 5 Functions under the following provisions may not be delegated— a section 20(1)(a) (estimating the income and expenses of the WAO for each financial year); b section 25(1) (preparing an annual plan for each financial year with the Auditor General); c paragraph 27 of Part 7 of this Schedule (making rules for the purpose of regulating the WAO's procedure); d paragraph 34(2) of Part 8 of this Schedule (recommending a person to audit the accounts of the WAO, etc); e paragraph 3 of Part 2 of Schedule 2 (jointly preparing a report or an interim report each financial year on the exercise of the functions of the Auditor General and the WAO); f paragraph 5 of Part 3 of Schedule 2 (designating another person to temporarily exercise the functions of the Auditor General). WAO accounts 33 1 The Auditor General is to be the accounting officer for the WAO. 2 The accounting officer must, for each financial year, in accordance with directions given by the Treasury— a keep proper accounts and proper records in relation to them, and b prepare a statement of accounts. 3 A statement of accounts must give a true and fair view of— a the state of the WAO's affairs at the end of the financial year, and b the WAO's income and expenditure in the financial year. 4 The directions which the Treasury may give include (but are not limited to) directions as to— a the financial affairs and transactions to which the accounts or statement of accounts are to relate; b the information to be contained in the accounts and the manner in which the accounts are to be presented; c the methods and principles in accordance with which the accounts are to be prepared; d the additional information (if any) that is to accompany the accounts or statement of accounts. 5 The directions which the Treasury may give may also include directions to prepare accounts relating to financial affairs and transactions of persons other than the WAO. 6 The accounting officer for the WAO has, in relation to the accounts and finances of the WAO, such other responsibilities which are from time to time specified by the National Assembly. Audit etc of the WAO 34 1 It is for the National Assembly to appoint a person as auditor of the WAO's accounts, and to determine that person's terms of appointment. 2 The WAO may recommend a person for the purposes of sub-paragraph (1). 3 A person is eligible for appointment only if the person is a qualified auditor as defined in section 19. 4 If a person appointed as the auditor ceases to be a qualified auditor, the person ceases to be the auditor. 5 The person appointed as auditor must have regard to the standards and principles that an expert professional provider of accounting or auditing services would be expected to follow. 6 The WAO must pay the auditor such remuneration as may be provided for by or under the terms of the auditor's appointment. 35 1 A statement of accounts prepared under paragraph 33 must be— a signed by the accounting officer of the WAO, and b submitted by the chair of the WAO to the auditor appointed under paragraph 34, no later than 5 months after the end of the financial year to which the statement relates. 2 The auditor must— a examine and certify any statement of accounts received under sub-paragraph (1), and b lay the statement of accounts as certified by him or her, together with his or her report on it, before the National Assembly. 3 The auditor must, in particular, be satisfied from an examination of the statement of accounts— a that the expenditure to which the statement relates has been incurred lawfully and in accordance with the authority which governs it; b that money to which the statement relates, received by the WAO for a particular purpose or particular purposes, has not been expended otherwise than for that purpose or those purposes; c that the statement complies with the requirements of any enactment applicable to the accounts or statement; d that proper practices have been observed in the compilation of the statement. 4 The auditor has a right of access at all reasonable times to every document which appears to the auditor to be necessary for the purposes of the audit of the accounts. 5 The auditor may— a require any person holding or accountable for such document to provide any assistance, information or explanation which the auditor reasonably thinks necessary for those purposes; b require a relevant person to provide the auditor, at times specified by the auditor, with accounts of such of the transactions of the relevant person as the auditor may specify. 6 A “ relevant person ” means— a the Auditor General, b the WAO, or c any person to whose financial affairs and transactions the accounts relate in consequence of paragraph 33(5). 7 The auditor may— a carry out examinations into the economy, efficiency and effectiveness with which the Auditor General has used resources in discharging the Auditor General's functions; b carry out examinations into the economy, efficiency and effectiveness with which the WAO has used resources in discharging the WAO's functions; c lay a report of the results of any such examinations before the National Assembly. 8 For the purposes of carrying out such examinations, the auditor— a has a right of access at all reasonable times to every document in the possession, or under the control, of the Auditor General or the WAO which the auditor reasonably requires for those purposes; b may require any person holding or accountable for any of those documents to provide any assistance, information or explanation which the auditor reasonably thinks necessary for those purposes. Documentary evidence 36 1 The application of the WAO's seal is to be authenticated by the signature of— a a member of the WAO, or b an employee of the WAO authorised (whether generally or specifically) for that purpose by the WAO. 2 A document purporting to be duly executed under the WAO's seal or signed on its behalf— a is to be received in evidence, and b is to be taken to be executed or signed in that way, unless the contrary is proved. SCHEDULE 2 Relationship between the Auditor General and the WAO (introduced by section 16(2)) PART 1 CODE OF PRACTICE Preparation and approval etc 1 1 The WAO and the Auditor General must jointly prepare a code of practice dealing with the relationship between the WAO and the Auditor General. 2 In doing so, they must seek to reflect the principle set out in section 8(1) and (2). 3 The WAO and the Auditor General must jointly review the code regularly and revise it as appropriate. 4 The code (including any revision) must be approved by the National Assembly. 5 For this purpose, the chair of the WAO and the Auditor General must lay the code (or revision) before the National Assembly. 6 The WAO and the Auditor General must each comply with a code approved by the National Assembly. 7 The WAO and the Auditor General must arrange for an approved code to be published. Content 2 1 The code must include— a provision about how the WAO is to monitor the Auditor General's functions for the purposes of section 17(1); b provision about how advice is to be given by the WAO to the Auditor General for the purposes of section 17(2) (including the nature of the advice to be given); c provision about standards for corporate governance. 2 The code may include provision about any other matter relevant to the relationship between the WAO and the Auditor General. PART 2 REPORTS AND DOCUMENTS Reports 3 1 The Auditor General and the chair of the WAO must for each financial year jointly prepare an annual report on the exercise during the year of the functions of the Auditor General and the WAO. 2 An annual report must include (amongst other things) an assessment of the extent to which— a the exercise of the functions of the Auditor General and the WAO has been consistent with the annual plan prepared for the year under section 25; b the priorities set out in the plan were achieved. 3 At least once during each financial year the Auditor General and the chair of the WAO must also jointly prepare a report on the exercise of the functions of the Auditor General and the WAO (an “interim report”). 4 An interim report must include (amongst other things) an assessment of the extent to which— a the exercise of the functions of the Auditor General and the WAO has been consistent with the annual plan prepared for the year under section 25; b progress has been made to achieve the priorities set out in the plan. 5 Nothing in this paragraph prevents the National Assembly from requiring the Auditor General and chair of the WAO to prepare an interim report at any time during a financial year. 6 The Auditor General and the chair of the WAO must jointly— a lay the annual report before the National Assembly as soon as practicable after the end of a financial year; b lay interim reports before the National Assembly on dates to be determined from time to time by the Assembly. Documents and information 4 1 Any document or information which a person is required to provide, or may provide, to the Auditor General, may be provided to the WAO (either by that person or by the Auditor General). 2 For the purposes of section 3(2) of the Freedom of Information Act 2000 and regulation 3(2) of the Environmental Information Regulations 2004 (or any regulations replacing those regulations), any document or information held by the WAO as mentioned in section 21(2)(d) of this Act is treated as held by the WAO on its own behalf. PART 3 TEMPORARY EXERCISE OF THE FUNCTIONS OF AUDITOR GENERAL BY ANOTHER PERSON 5 The WAO, with the agreement of the National Assembly, may designate a person to exercise the functions of Auditor General temporarily in place of the Auditor General (“a temporary designation”). 6 A temporary designation may occur only in the following circumstances— a the office of Auditor General is vacant, b the Auditor General is unwilling to discharge the functions of the office, c the WAO and the National Assembly consider that the Auditor General is unable to discharge the functions of the office, or d the WAO and the National Assembly consider that there are grounds to remove the Auditor General from office because of misbehaviour. 7 The functions of the Auditor General referred to in paragraph 5 include (but are not limited to)— a functions as chief executive of the WAO (see section 16); b if relevant, functions as accounting officer of the WAO (see paragraph 33(1) of Part 8 of Schedule 1); c the power to delegate under section 18. 8 A person who is designated to exercise the functions of the Auditor General must be an employee of the WAO. 9 A person who is designated to exercise those functions will continue to be employed by the WAO on the same terms. 10 But that person will be designated to exercise functions on such additional terms (including terms as to remuneration) as are agreed by the WAO and the National Assembly. 11 The terms as to remuneration— a may provide for allowances, gratuities, and other benefits to cover expenses properly and necessarily incurred by the person in exercising the functions, and b may include a formula or other mechanism for adjusting one or more of those elements from time to time. 12 But the terms as to remuneration may not provide for payment of an additional salary or pension. 13 The WAO must pay the person such remuneration as may be provided for by or under any additional terms as to remuneration as are agreed. 14 The duration of a temporary designation in relation to a circumstance referred to in paragraph 6— a may not exceed 6 months, but b may be extended once by the WAO in relation to that circumstance, with the agreement of the National Assembly, for up to a further 6 months. SCHEDULE 3 Transitional, supplementary and saving provisions (introduced by section 33(1)) PART 1 THE AUDITOR GENERAL Previous Auditor General to continue to be Auditor General 1 1 This paragraph applies to the person who is the Auditor General immediately before the appointed day. 2 On and after the appointed day the person— a continues to be the Auditor General and is treated as having been appointed to that office under Part 1 of this Act; b holds the office for 8 years less a period equal to that during which the person was the Auditor General before the appointed day. 3 The person's remuneration arrangements under section 7 are to be made by the National Assembly before the appointed day (but are not to cover any period before the appointed day). 4 But before those arrangements can be made, the First Minister must be consulted. 5 In this paragraph “ the appointed day ” means the day on which this paragraph comes into force. Savings for auditors appointed under section 13 of the Public Audit (Wales) Act 2004 2 1 This paragraph applies where, immediately before the coming into force of section 11 (audit of accounts of local government bodies in Wales), an appointment of a person as an auditor in relation to the accounts of a local government body in Wales has effect under section 13 of the Public Audit (Wales) Act 2004. 2 That appointment of the person as an auditor continues to have effect until the end of the period for which the appointment was made (subject to any earlier termination). 3 The Public Audit (Wales) Act 2004 applies with the following modifications in relation to an auditor whose appointment is continued by sub-paragraph (2)— a Part 2 and section 64E(4) have effect as if they had not been amended by this Act, and b section 20 has effect as if each reference to the Auditor General for Wales were a reference to the WAO (and any scale of fees already prescribed by the Auditor General for Wales under that section continues to have effect in relation to the auditor whose appointment is continued unless and until varied or replaced by a scale prescribed by the WAO). 4 The following provisions of the Local Government (Wales) Measure 2009 have effect in relation to an auditor whose appointment is continued by sub-paragraph (2) as if they had not been amended by this Act— a section 16(2)(e); b section 25(5)(b). Savings in respect of restrictions on disclosure of information 3 1 Where information has been obtained by— a an auditor appointed under section 13 of the Public Audit (Wales) Act 2004 under a provision of that Act that has been amended by this Act, b a person acting on his or her behalf, or c a person acting on behalf of the Auditor General under a provision of any of the following enactments that has been amended by this Act— i section 145C of the Government of Wales Act 1998, ii Part 1 of the Local Government Act 1999, iii Part 1 or Part 3A of the Public Audit (Wales) Act 2004, or iv Part 1 of the Local Government (Wales) Measure 2009, the operation of any provision about the disclosure of information is not affected by the amendment of that provision. 2 So far as may be necessary for continuing the operation of any provision about the disclosure of information, information obtained as mentioned in sub-paragraph (1) is to be treated in the same way as information obtained by the Auditor General. PART 2 THE WAO WAO's procedural rules before rules are made under paragraph 27 of Schedule 1 4 1 This paragraph applies until the first rules under paragraph 27 of Schedule 1 are made. 2 Any matter to be decided by the WAO (including any matter to be decided for the purpose of preparing or making those rules) is to be decided in accordance with the procedure determined by the chair of the WAO (which may include the procedure for determining the quorum for any meeting at which the matter is to be decided). PART 3 TRANSFER OF FUNCTIONS ETC Transfer of staff 5 1 On the appointed day the members of the staff of the Auditor General are transferred to the employment of the WAO. 2 For any purpose relating to a person who becomes an employee of the WAO by virtue of sub-paragraph (1)— a that person's contract of employment— i is not terminated by the transfer, and ii has effect from the appointed day as if originally made between that person and the WAO; b a period of employment as a member of the staff of the Auditor General immediately before the appointed day— i is to be treated as a period of employment with the WAO, and ii is to be treated as continuous employment as a member of the staff of the WAO for the purposes of section 218(3) of the Employment Rights Act 1996. 3 Without prejudice to sub-paragraph (2), where a person becomes an employee of the WAO by virtue of sub-paragraph (1)— a all property, rights and liabilities which the Auditor General has under or in relation to the contract of employment of that person are transferred to the WAO, and b anything done before the appointed day by or in relation to the Auditor General in respect of the person or the contract is to be treated from that day as having been done by or in relation to the WAO. 4 A contract of employment (or rights, powers, duties and liabilities under or in connection with it) is not transferred under this paragraph if the employee objects to the transfer and informs the Auditor General or the WAO of that objection. 5 If the employee informs the Auditor General or the WAO of an objection under sub-paragraph (4)— a the contract of employment is terminated immediately before the appointed day, but b the employee is not treated, for any purpose, as having been dismissed by the Auditor General. 6 Nothing in this paragraph affects any right of a person to terminate his or her contract of employment if (apart from the change of employer) a substantial change is made to the person's detriment in his or her working conditions. 7 In this paragraph “ the appointed day ” means the day on which this paragraph comes into force. Variation of employment contracts 6 1 This paragraph applies where there is a purported variation of the employment contract of— a an employee of the Auditor General; b an employee of the WAO whose employment transferred under paragraph 5. 2 The variation is void if the sole or principal reason for varying the contract is— a the transfer mentioned in paragraph 5(1), or b a reason connected with the transfer that is not an economic, technical or organisational reason entailing changes in the workforce. 3 Nothing in this paragraph prevents a variation if the sole or principal reason for the variation is— a a reason connected with the transfer that is an economic, technical or organisational reason entailing changes in the workforce, or b a reason unconnected with the transfer. Collective agreements 7 1 This paragraph applies where a collective agreement made by or on behalf of the Auditor General satisfies the conditions specified in sub-paragraph (2). 2 The conditions are that the agreement— a existed at the time of the transfer mentioned in paragraph 5(1), b was made with a trade union recognised by the Auditor General, and c applied in respect of an employee whose employment transferred under paragraph 5(1) (“a transferred employee”). 3 After the transfer mentioned in paragraph 5(1)— a the agreement, in its application to a transferred employee, is to have effect as if made with the trade union by or on behalf of the WAO, and b anything done before the transfer under or in connection with the agreement in respect of a transferred employee by or in relation to the Auditor General is to be treated as having been done by or in relation to the WAO. 4 Nothing in this paragraph prejudices the application of sections 179 and 180 of the 1992 Act (collective agreements presumed to be unenforceable in specified circumstances) to the agreement. 5 In this paragraph— “ collective agreement ” has the same meaning as in the 1992 Act, “ recognised ” has the meaning given in section 178(3) of the 1992 Act, “ trade union ” has the same meaning as in the 1992 Act, and “ 1992 Act ” means the Trade Union and Labour Relations (Consolidation) Act 1992. Trade union recognition 8 1 Where before the transfer mentioned in paragraph 5(1) an independent trade union was recognised by the Auditor General to any extent in relation to any employee whose employment transferred, after the transfer— a that union is to be treated as having been recognised by the WAO to the same extent in relation to those employees, and b any agreement for recognition may be varied or rescinded accordingly. 2 In this paragraph— “ independent trade union ” has the meaning given in section 5 of the 1992 Act, “ recognised ” has the meaning given in section 178(3) of the 1992 Act, and “ 1992 Act ” means the Trade Union and Labour Relations (Consolidation) Act 1992. Dismissal in relation to transfer 9 1 Sub-paragraphs (2) and (3) apply— a to an employee of the Auditor General; b to an employee of the WAO whose employment transferred under paragraph 5. 2 If an employee to whom this sub-paragraph applies is dismissed, that employee is to be treated as unfairly dismissed for the purposes of Part X of the Employment Rights Act 1996 if the sole or principal reason for the dismissal is— a the transfer mentioned in paragraph 5(1), or b a reason connected with the transfer that is not an economic, technical or organisational reason entailing changes in the workforce. 3 If an employee to whom this sub-paragraph applies is dismissed, the reason for that dismissal is to be treated for the purposes of sections 98(1) and 135 of the Employment Rights Act 1996 (reason for dismissal) as having been for redundancy if the sole or principal reason for the dismissal is a reason connected with the transfer mentioned in paragraph 5(1) that is an economic, technical or organisational reason entailing changes in the workforce. 4 Sub-paragraph (3) does not prejudice the application of section 98(4) of the Employment Rights Act 1996 (test of fair dismissal). 5 But sub-paragraph (2) does not apply if the application of section 94 of the Employment Rights 1996 Act (right not to be unfairly dismissed) to the dismissal is excluded by or under any provision of that Act, the Employment Tribunals Act 1996 or the Trade Union and Labour Relations (Consolidation) Act 1992. Transfer of other property, rights and liabilities 10 1 On the transfer day, the property, rights and liabilities to which the Auditor General is entitled or subject in connection with any transferred function are transferred to and vest in the WAO. 2 Sub-paragraph (1) operates in relation to property, rights and liabilities— a whether or not they would otherwise be capable of being transferred; b irrespective of any kind of requirement for consent that would otherwise apply. 3 Anything (including legal proceedings) which relates to— a any transferred function, or b any property, rights or liabilities transferred by virtue of sub-paragraph (1) in connection with any transferred function, and which is in the process of being done by or in relation to the Auditor General immediately before the transfer day may be continued on or after that day by or in relation to the WAO. 4 Anything which was done by or in relation to the Auditor General for the purposes of or in connection with— a any transferred function, or b any property, rights or liabilities transferred by virtue of sub-paragraph (1) in connection with any transferred function, and which is in effect immediately before the transfer day has effect on or after that day as if done by or in relation to the WAO. 5 In any instruments, contracts or legal proceedings which relate to— a any transferred function, or b any property, rights or liabilities transferred by virtue of sub-paragraph (1) in connection with any transferred function, and which are made or commenced before the transfer day, a reference to the Auditor General is to be treated on or after that day as a reference to, or as including a reference to, the WAO. 6 This paragraph does not apply in relation to rights and liabilities under a contract of employment as a member of the staff of the Auditor General transferred to the WAO by virtue of paragraph 5. 7 In this paragraph— “ transferred function ” (“ swyddogaeth a drosglwyddir ”) means a function— conferred or imposed on the WAO by a provision of this Act which re-enacts (with or without modifications) a provision of any enactment which conferred or imposed the same or substantially the same function on the Auditor General, or conferred or imposed on the WAO by any enactment in consequence of the amendment of that enactment by or under this Act; “ transfer day ” (“ diwrnod trosglwyddo ”), in relation to a transferred function, means the day when the function first became exercisable by the WAO. 11 1 A certificate issued by the Welsh Ministers that property has been transferred by virtue of paragraph 10(1) is conclusive evidence of the transfer. 2 Paragraph 10 has effect in relation to property, rights or liabilities to which it applies in spite of any provision (of whatever nature) which would otherwise prevent, penalise or restrict the transfer of the property, rights or liabilities. 3 A right of pre-emption, right of return or other similar right does not operate or become exercisable as a result of any transfer of property or rights by virtue of paragraph 10(1). 4 Any such right has effect in the case of any such transfer as if the transferee were the same person in law as the transferor and no transfer of the property or rights had taken place. 5 Such compensation as is just is to be paid to any person in respect of any such right which would, apart from sub-paragraph (3), have operated in favour of or become exercisable by that person but which, in consequence of the operation of that sub-paragraph, cannot subsequently operate in favour or become exercisable by that person. 6 But no compensation is to be paid under sub-paragraph (5) to the Auditor General, to the WAO, or to a former Auditor General. 7 Compensation payable by virtue of sub-paragraph (5) is to be paid by the WAO. 8 Any amount paid under sub-paragraph (7) is to be charged on and paid out of the Welsh Consolidated Fund. 9 Sub-paragraphs (2) to (8) apply in relation to the creation of rights or interests, or the doing of anything else, in relation to property as they apply in relation to a transfer of property, and references to the transferor and transferee are to be read accordingly. 10 In this paragraph “ right of return ” means any right under a provision for the return or reversion of property in specified circumstances. Criminal liability of the Auditor General 12 1 To the extent that any criminal liability incurred by the Auditor General is connected with property, rights or liabilities transferred to the WAO by virtue of paragraph 10, that criminal liability is transferred to the WAO. 2 Paragraph 10(3) to (5) applies in relation to criminal liability transferred by virtue of this paragraph as it applies to a liability transferred by virtue of paragraph 10(1). Indemnification 13 1 The liabilities covered by section 29 include— a liabilities that arise before the coming into force of that section, and b liabilities that arise in relation to any act or omission occurring before the coming into force of that section. 2 Sub-paragraph (3) applies where— a a sum becomes payable by a former Auditor General appointed before the coming into force of section 2, and b that sum would have been charged on the Welsh Consolidated Fund under paragraph 9(1) of Schedule 8 to the Government of Wales Act 2006 prior to the repeal of that paragraph by this Act. 3 Paragraph 9(1) of Schedule 8 to the Government of Wales Act 2006 continues to have effect with respect that person and that sum as if that repeal had not come into force. SCHEDULE 4 Minor and consequential amendments (introduced by section 34) Superannuation Act 1972 1 In Schedule 1 to the Superannuation Act 1972 (offices to which section 1 of that Act applies), in the list of “Other bodies” for “Employment as a member of the staff of the Auditor General for Wales” substitute “ Employment as a member of the staff of the Wales Audit Office ” . Finance Act 1989 2 In section 182 of the Finance Act 1989 (disclosure of information), in subsection (4)(a), after sub-paragraph (iii), insert— iiia of the Wales Audit Office and any member or employee of that Office, . Social Security Administration Act 1992 3 In subsection (8) of section 123 of the Social Security Administration Act 1992 (unauthorised disclosure of information relating to particular persons) after paragraph (ba), insert— bb any member of the staff of the Wales Audit Office, and any person providing services to that Office” . Education Act 1997 4 In section 41A of the Education Act 1997 (inspections involving collaboration of Auditor General for Wales), in subsection (6), for “the Auditor General for Wales an amount equal to the full costs incurred by the Auditor General for Wales in providing the assistance” substitute “ the Wales Audit Office a fee, in accordance with a scheme for charging fees prepared under section 24 of the Public Audit (Wales) Act 2013 (which may not exceed the full cost incurred by the Auditor General in providing the assistance) ” . Government of Wales Act 1998 5 The Government of Wales Act 1998 is amended as follows. 6 1 Section 145C is amended as follows. 2 In subsection (2), omit “or on his behalf”. 3 In subsection (3) (studies relating to registered social landlords), for “make good to the Auditor General for Wales the full costs incurred by him in undertaking the programme” substitute “ pay to the Wales Audit Office a sum in respect of the costs incurred (which may not exceed the full cost incurred in undertaking the programme), in accordance with a scheme for charging fees prepared under section 24 of the Public Audit (Wales) Act 2013 ” . 4 After subsection (9), insert— 10 In this section, a reference to a person acting on behalf of the Auditor General for Wales is a reference to a person acting on the Auditor's behalf by virtue of a delegation made under section 18 of the Public Audit (Wales) Act 2013. . 7 1 Section 145D (advice and assistance for registered social landlords) is amended as follows. 2 In subsection (2), for “the Auditor General for Wales thinks fit” substitute “ the Wales Audit Office thinks fit, but any terms as to payment may only be made in accordance with a scheme for charging fees prepared under section 24 of the Public Audit (Wales) Act 2013 ” . 3 After subsection (2), insert— 2A Any sums charged in relation to advice or assistance provided under this section may not exceed the full cost of providing that advice or assistance. . 4 In subsection (3), for “paragraph 21 of Schedule 8 to the Government of Wales Act 2006 (arrangements between Auditor General for Wales and certain bodies)” substitute “ section 19 of the Public Audit (Wales) Act 2013 (arrangements for the provision of services between the Wales Audit Office and certain bodies) ” . 8 In subsection (2) of section 146 (transfer of functions of Comptroller and Auditor General), in paragraph (b), after “the Auditor General for Wales,” insert “ the Wales Audit Office, ” . Local Government Act 1999 9 The Local Government Act 1999 is amended as follows. 10 In subsection (7) of section 11 (inspectors' powers and duties), omit paragraph (b). 11 Omit section 12A (fees: inspections under section 10A). 12 Omit section 13A (reports of inspections under section 10A). 13 In subsection (7) of section 23 (accounts), omit “or the Auditor General for Wales”. 14 In subsection (2) of section 25 (coordination of inspections, etc), omit paragraph (aa). 15 In section 26 (guidance), omit subsection (3A). 16 For paragraph (b) of section 33(3) (finance), substitute— b the Wales Audit Office in respect of expenditure incurred or to be incurred by the Auditor General for Wales under the Local Government (Wales) Measure 2009. . Freedom of Information Act 2000 17 The Freedom of Information Act 2000 is amended as follows. 18 1 Subsection (5) of section 36 (exempt information: prejudice to effective conduct of public affairs) is amended as follows. 2 In paragraph (gb), after “the Auditor General for Wales” insert “ , the Wales Audit Office ” . 3 In paragraph (k) after the first reference to “the Auditor General for Wales”, insert “ or the Wales Audit Office ” . 19 In Part 6 of Schedule 1 (public authorities to which the Act applies - other public bodies and offices: general), insert at the appropriate place “ the Wales Audit Office ” . Public Audit (Wales) Act 2004 20 The Public Audit (Wales) Act 2004 is amended as follows. 21 Omit section 14 (appointment of auditors) and 15 (persons to assist auditors). 22 Omit section 16 (code of audit practice). 23 1 Section 17 (general duties of auditors) is amended as follows. 2 In subsection (2), for “An auditor must” substitute “ The Auditor General for Wales must ” . 3 Omit subsections (3) and (4). 4 Accordingly, the heading of section 17 becomes “ General duties on audit of accounts ” . 24 Omit section 18 (auditors' rights to documents and information) and 19 (auditor' rights to documents and information: offences). 25 1 Section 20 (fees for audit) is amended as follows. 2 Before subsection (1), insert— A1 The Wales Audit Office must, in accordance with a scheme for charging fees prepared under section 24 of the Public Audit (Wales) Act 2013, charge a fee in respect of functions exercised by the Auditor General for Wales— a in auditing the accounts of local government bodies in Wales under this Chapter, and b in undertaking studies at the request of a local government body under section 44. . 3 Accordingly, the heading of section 20 becomes “ Fees in respect of functions exercised by the Auditor General for Wales ” . 4 In subsection (1), for “The Auditor General for Wales” substitute “ The Wales Audit Office ” . 5 In subsection (2)— a for “the Auditor General for Wales” each time those words appear substitute “ the Wales Audit Office ” ; b in paragraph (a), for “of local authorities” substitute “ of local government bodies ” ; c for paragraph (b), substitute— b such other persons as the Wales Audit Office thinks fit. . 6 Omit subsection (3). 7 In subsection (4), for “the Auditor General for Wales” substitute “ the Wales Audit Office ” . 8 In subsection (5)— a for “the Auditor General for Wales” each time those words appear substitute “ the Wales Audit Office ” ; b omit “him when prescribing”. 9 After subsection (5) insert— 5A But a fee charged under this section may not exceed the full cost of exercising the function to which it relates. . 10 Omit subsection (6). 26 Omit section 21 (fees prescribed by Assembly). 27 1 Section 22 (immediate and other reports in the public interest) is amended as follows. 2 For each reference to “an auditor” or “the auditor” substitute “ the Auditor General for Wales ” . 3 In subsection (5), omit “, and a copy of the report to the Auditor General for Wales,”. 4 In subsection (6), omit “, and a copy of the report to the Auditor General for Wales,”. 28 In section 23 (general report), for each reference to “an auditor” or “the auditor” substitute “ the Auditor General for Wales ” . 29 In section 24 (consideration of reports in the public interest), for “an auditor” substitute “ the Auditor General for Wales ” . 30 1 Section 25 (procedure for consideration of reports and recommendations) is amended as follows. 2 In subsection (2), for “an auditor of” substitute “ the Auditor General for Wales, in auditing ” . 3 In subsection (4), for “the auditor” substitute “ the Auditor General for Wales ” . 4 In subsection (6), for “An auditor” substitute “ The Auditor General for Wales ” . 31 In section 26 (publicity for meetings under section 25), for each reference to “an auditor” or “the auditor” substitute “ the Auditor General for Wales ” . 32 1 Section 27 (additional publicity for immediate reports) is amended as follows. 2 In subsection (1), for “an auditor” substitute “ the Auditor General for Wales ” . 3 In subsection (5), for “An auditor who has made a report under section 22(3)” substitute “ The Auditor General for Wales ” . 33 1 Section 28 (additional publicity for non-immediate reports) is amended as follows. 2 For each reference to “an auditor” or “the auditor” substitute “ the Auditor General for Wales ” . 3 Omit subsection (4). 34 1 Section 29 (inspection of statements of accounts and auditors' reports) is amended as follows. 2 In paragraph (b) of subsection (1), for “an auditor” substitute “ the Auditor General for Wales ” . 3 Accordingly the heading of section 29 becomes “Inspection of statements of accounts and Auditor General for Wales' reports”. 4 Accordingly the cross-heading before section 29 becomes “ Public inspection etc and action by the Auditor General for Wales ” . 35 1 Section 30 (inspection of documents and questions at audit) is amended as follows. 2 In subsection (2)— a for “the auditor of those accounts” substitute “ the Auditor General for Wales ” , and b for “the auditor” substitute “ the Auditor General ” . 3 In subsection (3), for “a body's auditor” substitute “ the Auditor General for Wales ” . 36 In section 31 (right to make objection at audit), for each reference to “the auditor” substitute “ the Auditor General for Wales ” . 37 1 Section 32 (declaration that item of account is unlawful) is amended as follows. 2 In subsection (1)— a for “an auditor” substitute “ the Auditor General for Wales in ” , and b for “the auditor” substitute “ he ” . 3 In subsection (4), for “an auditor” substitute “ the Auditor General for Wales ” . 4 In subsections (6) to (9), for each reference to “an auditor” or “the auditor” substitute “ the Auditor General for Wales ” . 38 1 Section 33 (advisory notices) is amended as follows. 2 In subsection (1)— a for “An auditor of accounts of a local government body in Wales” substitute “ The Auditor General for Wales ” , and b after “is met” insert “ in respect of a local government body in Wales ” . 3 In paragraph (d) of subsection (4), for “the auditor of the body's accounts” substitute “ the Auditor General for Wales ” . 4 In paragraph (c) of subsection (6), for “the auditor by whom the notice is issued” substitute “ the Auditor General for Wales ” . 5 In subsection (7), for “The auditor by whom an advisory notice is issued” substitute “ The Auditor General for Wales ” . 6 In subsection (10), for “the person who for the time being is the auditor of the body to which, or to an officer of which, the notice was addressed” substitute “ the Auditor General for Wales ” . 7 In subsection (11), for “The auditor by whom an advisory notice is withdrawn” substitute “ The Auditor General for Wales ” . 8 Omit subsection (12). 39 1 Section 34 (effect of an advisory notice) is amended as follows. 2 In paragraph (b) of subsection (5), for “the person who is for the time being the auditor of the body's accounts” substitute “ the Auditor General for Wales ” . 3 In subsection (8)— a for “An auditor” substitute “ The Wales Audit Office ” , and b for “by him” substitute “ by the Auditor General for Wales ” . 40 In subsection (3) of section 35 (advisory notices: legal actions), for “an auditor” substitute “ the Auditor General for Wales ” . 41 1 Section 36 (power of auditor to make a claim for judicial review) is amended as follows. 2 In subsection (1)— a for “An auditor appointed to audit accounts of a local government body in Wales” substitute “ The Auditor General for Wales ” , and b for the first reference to “the body” substitute “ a local government body in Wales ” . 3 In subsection (3) for “an auditor” substitute “ the Auditor General for Wales ” . 4 In subsection (4)— a for “an auditor” substitute “ the Auditor General for Wales ” , and b for “the auditor” substitute “ the Auditor General for Wales or the Wales Audit Office ” . 42 1 Section 37 (extraordinary audit) is amended as follows. 2 For each reference to “the Assembly” substitute “ the Welsh Ministers ” . 3 In subsection (1) omit “direct an auditor to”. 4 In subsection (4) omit “direct an auditor to”. 5 In subsection (5), omit paragraph (a). 6 In subsection (8), for “The Auditor General for Wales” substitute “ The Wales Audit Office ” . 43 In subsection (2) of section 38 (audit of accounts of officers), for “The auditor of a body's accounts” substitute “ the Auditor General for Wales ” . 44 1 Section 39 (accounts and audit regulations) is amended as follows. 2 For each reference to “Assembly” substitute “ Welsh Ministers ” . 3 In subsection (2), for each reference to “it” substitute “ them ” . 4 In paragraph (b) of subsection (5), for “an auditor” substitute “ the Auditor General for Wales or the Wales Audit Office ” . 5 In subsection (6), after “may be recovered” insert “ by the Wales Audit Office ” . 45 1 Section 40 (documents relating to police and crime commissioners and chief constables) is amended as follows. 2 For each reference to “Assembly” substitute “ Welsh Ministers ” . 3 In subsection (1), for “receives a copy of a report under section 22(5) or (6)” substitute “ makes a report under section 22 ” . 46 1 Section 41 (studies for improving economy etc in services) is amended as follows. 2 In subsections (1) to (5), omit each reference to “or promote”, “or promotes” and “or promoting”. 3 In paragraph (a) of subsection (1), omit “also best value authorities for the purposes of Part 1 of the Local Government Act 1999 or”. 4 In subsection (6), for “the Assembly” substitute “ the Welsh Ministers ” . 47 1 Section 42 (studies on impact of statutory provisions etc) is amended as follows. 2 In subsection (1)— a omit “or promote”, and b in paragraph (b) for “the Assembly” substitute “ the Welsh Ministers ” . 3 In subsection (2), for each reference to “the Assembly” substitute “ the National Assembly for Wales ” . 4 In subsection (3), omit “or promoting”. 5 In subsection (4), for each reference to “Assembly” substitute “ Welsh Ministers ” . 48 In subsection (1) of section 44 (studies at request of local government bodies in Wales), omit “or promote”. 49 1 Section 45 (benefit administration studies for Secretary of State) is amended as follows. 2 In subsection (7), for the second reference to “the Auditor General for Wales” substitute “ the Wales Audit Office ” . 3 In subsection (8), for “the Auditor General for Wales” substitute “ the Wales Audit Office, (but may not exceed the full cost incurred by the Auditor General for Wales in conducting, or assisting the Secretary of State to conduct, the study) ” . 4 After subsection (8), insert— 9 A fee payable under this section must be charged in accordance with a scheme for charging fees prepared under section 24 of the Public Audit (Wales) Act 2013. . 50 In subsection (2) of section 46 (performance standards: relevant bodies), for “the Assembly” substitute “ the Welsh Ministers ” . 51 In subsection (5) of section 47 (publication of information as to standards of performance), for “The Assembly” substitute “ The Welsh Ministers ” . 52 1 Section 51 (social security references and reports to Secretary of State) is amended as follows. 2 Omit subsection (2). 3 In subsection (3), for paragraph (a) substitute— a made by him under section 22, and . 53 1 Section 52 (rights of Auditor General for Wales to documents and information) is amended as follows. 2 In subsection (2), in paragraph (c), for “the Assembly” substitute “ the Welsh Ministers ” . 3 Omit subsection (6). 4 In subsection (8), for “the Assembly” substitute “ the Welsh Ministers ” . 5 After subsection (8) insert— 9 A statutory instrument containing an order under subsection (2)(c) is (unless a draft of the order has been laid before, and approved by a resolution of the National Assembly for Wales) subject to annulment in pursuance of a resolution of the Assembly. . 54 1 Section 53 (rights of Auditor General for Wales to documents and information: offences) is amended as follows. 2 In paragraph (b) of subsection (3), after “the Auditor General for Wales” insert “ or the Wales Audit Office ” . 3 In subsection (4), after “may be recovered” insert “ by the Wales Audit Office ” . 55 1 Section 54 (restriction on disclosure of information) is amended as follows. 2 In subsection (1), for “or an auditor, or by a person acting on behalf of the Auditor General for Wales or an auditor” substitute “ or a person acting on behalf of the Auditor General for Wales by virtue of a delegation made under section 18 of the Public Audit (Wales) Act 2013 ” . 3 In subsection (1)— a in paragraph (a), omit “or Part 1 of the Local Government Act 1999 (c 27)”, and b in paragraph (b) omit “or Part 1 of the Local Government Act 1999”. 4 In subsection (2)— a in paragraph (b)— i omit “or an auditor”, and ii omit “or Part 1 of the Local Government Act 1999”; b in paragraph (e), for “the Assembly” substitute “ the Welsh Ministers ” . 5 Omit subsection (2ZB). 6 In subsection (2ZC)— a omit “or (2ZB)”, and b omit “or an auditor”. 7 Omit subsections (6) to (8). 56 1 Section 54ZA (consent under section 54(2ZC)) is amended as follows. 2 In subsection (3), omit “or an auditor”. 3 In subsection (6), for “A person to whom a request for consent is made” substitute “ The Auditor General for Wales ” . 57 In subsection (1) of section 56 (publication of information by Auditor General for Wales), in paragraph (a), omit “by an auditor”. 58 In section 58 (orders and regulations), for each reference to “the Assembly” substitute “ the Welsh Ministers ” . 59 In section 59 (interpretation of Part 2), omit subsections (2) and (3). 60 In section 61 (audit of Welsh NHS bodies), in paragraph (b) of subsection (2), for “the Assembly” substitute “ the National Assembly for Wales ” . 61 1 Section 62 (co-operation with Assembly, Audit Commission or CHAI ) is amended as follows. 2 In paragraph (a) for “the Assembly” substitute “ the Welsh Ministers ” . 3 Accordingly, the heading of section 62 becomes “ Co-operation with Welsh Ministers, Audit Commission or Care Quality Commission ” . 62 In subsection (1) of section 64A (power to conduct data matching exercises), omit “or arrange for them to be conducted on his behalf”. 63 1 Section 64B (mandatory provision of data) is amended as follows. 2 In subsection (1), after “or a person acting on his behalf” insert “ by virtue of a delegation made under section 18 of the Public Audit (Wales) Act 2013 ” . 3 In subsection (4)— a after “the Auditor General” insert “ or by the Wales Audit Office ” , and b after “from that body” insert “ by the Wales Audit Office ” . 64 In subsection (1) of section 64C (voluntary provision of data), after “a person acting on his behalf” insert “ by virtue of a delegation made under section 18 of the Public Audit (Wales) Act 2013 ” . 65 1 Section 64D (disclosure of results of data matching etc) is amended as follows. 2 In subsection (2) in paragraph (b), for “an auditor” substitute “ the Auditor General ” . 3 In subsection (6)(b), for sub-paragraph (iv) substitute— iv a health and social care body mentioned in paragraphs (a) to (e) of section 1(5) of the Health and Social Care (Reform) Act (Northern Ireland) 2009. . 66 In subsection (4) of section 64E (publication), omit “an auditor or”. 67 1 Section 64F (fees for data matching) is amended as follows. 2 Before subsection (1), insert— A1 The Wales Audit Office may, in accordance with a scheme for charging fees prepared under section 24 of the Public Audit (Wales) Act 2013, charge a fee in respect of a data matching exercise undertaken by the Auditor General for Wales. . 3 In subsections (1) and (6) for each reference to “Auditor General for Wales” substitute “ Wales Audit Office ” . 4 In subsection (2), for “the Auditor General” substitute “ the Wales Audit Office ” . 5 In subsections (3), (4), (5) and (8) for each reference to “Auditor General” substitute “ Wales Audit Office ” . 6 In subsection (7), for “the Assembly” substitute “ the National Assembly for Wales ” . 7 After subsection (8) insert— 9 Any terms as to payment agreed by the Wales Audit Office under subsection (8) must be in accordance with a scheme for charging fees prepared under section 24 of the Public Audit (Wales) Act 2013. 10 A fee charged under this section may not exceed the full cost of exercising the function to which it relates. . 68 In subsection (4) of section 64G (code of data matching practice), in paragraph (a) for “the Assembly” substitute “ the National Assembly for Wales ” . 69 1 Section 67A (assistance by Auditor General to inspectorates) is amended as follows. 2 In subsection (2), for “the Auditor General for Wales” substitute “ the Wales Audit Office ” . 3 At the end of subsection (2), after the word “agree”, insert “ , but any terms as to payment agreed by the Wales Audit Office must be made in accordance with a scheme for charging fees prepared under section 24 of the Public Audit (Wales) Act 2013 ” . 4 After subsection (2), insert— 3 Any sums charged in relation to assistance provided under this section may not exceed the full cost of providing that assistance. . Government of Wales Act 2006 70 The Government of Wales Act 2006 is amended as follows. 71 In section 37 (power to call), in subsection (1), after “functions” insert “, relevant to the exercise of any of the Auditor General for Wales' functions, or relevant to the oversight and supervision of the Auditor General for Wales, or to the oversight and supervision of the exercise of any of his or her functions”. 72 In subsection (1)(c) of section 120 (destination of receipts), for “the Auditor General” substitute “ the Wales Audit Office ” . 73 In subsection (3)(c) of section 124 (payments out of Welsh Consolidated Fund), for “the Auditor General” substitute “ the Wales Audit Office ” . 74 In subsection (4) of section 129 (approvals to draw), for “the Auditor General” substitute “ the Wales Audit Office ” . 75 In subsection (1) of section 143 (Audit Committee reports), omit paragraph (b). 76 1 Subsection (2) of section 144 (publication of accounts and audit reports etc) is amended as follows. 2 In paragraph (b) for “paragraph 14 of Schedule 8” substitute “ paragraph 34 of Schedule 1 to the Public Audit (Wales) Act 2013 ” . 3 In paragraph (c) omit “or estimate” and “or paragraph 12(3) of Schedule 8”. 4 After paragraph (c) insert— d any estimate of income and expenses of the Wales Audit Office laid before the Assembly under section 20(1) of the Public Audit (Wales) Act 2013 (including any modifications made to that estimate under section 20(4) of that Act), e any scheme for charging fees laid before the Assembly by the Wales Audit Office under section 24(4)(c) of the Public Audit (Wales) Act 2013, f any annual plan laid before the Assembly by the Auditor General and the chair of the Wales Audit Office under section 26 of the Public Audit (Wales) Act 2013, g any report laid before the Assembly under paragraph 3(6) of Schedule 2 to the Public Audit (Wales) Act 2013 (reports on the exercise of the functions of the Auditor General and the Wales Audit Office). . 77 1 Section 145 (Auditor General) is amended as follows. 2 Omit subsection (1). 3 In subsection (2) for “the Auditor General see Schedule 8” insert “ the Auditor General for Wales or Archwilydd Cyffredinol Cymru (referred to in this Act as “ the Auditor General ”) see Schedule 8 and the Public Audit (Wales) Act 2013 ” . 78 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79 1 Schedule 8 (Auditor General for Wales) is amended as follows. 2 Omit paragraphs 1 to 16. 3 In sub-paragraph (1) of paragraph 17 (access to documents), in paragraph (c), for “Act” substitute “ enactment ” . 4 In sub-paragraph (7) of paragraph 17— a for “Act” substitute “ enactment ” , and b at the end of the sub-paragraph, before the full stop, insert “ , apart from accounts that fall to be examined under Part 2 of the Public Audit (Wales) Act 2004 ” . 5 In paragraph 18 (other powers)— a in sub-paragraph (1), after “the Welsh Ministers may”, insert “ , having first consulted the Wales Audit Office, ” , and b after sub-paragraph (3) insert— 3A But before entering into an agreement under sub-paragraph (3), the Welsh Ministers or a Minister of the Crown (as the case may be) must consult the Wales Audit Office. . 6 Omit paragraph 21. Companies Act 2006 80 The Companies Act 2006 is amended as follows. 81 In subsection (6) of section 1229 (supervision of Auditors General by the Independent Supervisor), after “to any person” insert “ or, in the case of the Auditor General for Wales, for payment by the Wales Audit Office of such a fine ” . 82 In section 1230 (duties of Auditors General in relation to supervision arrangements), after subsection (3)(b), insert— c in the case of expenditure of the Auditor General for Wales, to be regarded as expenditure of the Wales Audit Office for the purposes of section 20 of the Public Audit (Wales) Act 2013. . Local Government (Wales) Measure 2009 83 The Local Government (Wales) Measure 2009 is amended as follows. 84 1 Section 21 (special inspections) is amended as follows. 2 In subsection (4)— a for “direct the Auditor General to” substitute “ request that the Auditor General ” , and b for “direction” substitute “ request, unless it is not reasonable to do so ” . 3 In subsection (5), for “direction” substitute “ request ” . 4 In subsection (6), for “giving a direction” substitute “ making a request ” . 5 In paragraph (b) of subsection (7), for “directed the Auditor General to” substitute “ requested that the Auditor General ” . 85 In section 25 (statement of practice), omit paragraph (b) of subsection (5). 86 In section 26 (inspectors' powers and duties), in subsection (11), for “a member of the Auditor General's staff or a person providing services to the Auditor General” substitute “ or a person exercising the functions of the Auditor General for Wales by virtue of a delegation made under section 18 of the Public Audit (Wales) Act 2013, ” . 87 1 Section 27 (fees) is amended as follows. 2 In subsection (1), for “The Auditor General for Wales” substitute “ The Wales Audit Office ” . 3 In subsection (3), for “the Auditor General for Wales” substitute “ the Wales Audit Office, in accordance with a scheme for charging fees prepared under section 24 of the Public Audit (Wales) Act 2013, ” . 4 In subsection (4), for the reference to “the Auditor General” and “the Auditor General for Wales” substitute “ the Wales Audit Office ” . 5 After subsection (4) insert— 4A But a fee charged under this section may not exceed the full cost of exercising the function to which it relates. . 6 In subsection (5), for both references to “the Auditor General” substitute “ the Wales Audit Office ” . 7 Omit subsection (6). 88 After section 27 (fees) insert— Welsh Ministers' power to prescribe a scale of fees 27A 1 The Welsh Ministers may, by regulations, prescribe a scale or scales of fees to have effect instead of a scale or scales prescribed by the Wales Audit Office under section 27(1), 2 A scale of fees prescribed under subsection (1) has effect for the period specified in relation to it in the regulations. 3 Subsection (4) applies if— a a scale of fees is prescribed under subsection (1) in place of a scale prescribed by the Wales Audit Office, and b the scale prescribed by the Wales Audit Office would otherwise be the appropriate scale for the purposes of section 27(3) and (4). 4 The references to the appropriate scale in section 27(3) and (4) are to be read as references to the scale prescribed undersubsection (1). 5 Before making regulations under subsection (1) the Welsh Ministers must consult— a the Wales Audit Office, b any associations of local government bodies in Wales which appear to the Welsh Ministers to be concerned, and c such other persons as they think fit. 6 Regulations made under this section are subject to annulment in pursuance of a resolution of the National Assembly for Wales. . Local Democracy, Economic Development and Construction Act 2009 89 The Local Democracy, Economic Development and Construction Act 2009 is amended as follows. 90 In section 46 (codes of practice), in subsection (4) for “section 16 of the Public Audit (Wales) Act 2004 (c 23)” substitute “ section 10 of the Public Audit (Wales) Act 2013 ” . 91 1 Section 50 is amended as follows. 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 After subsection (1), insert— 1A An entity in relation to which a person is appointed by the Auditor General for Wales under this Chapter must pay the Wales Audit Office, in accordance with a scheme for charging fees prepared under section 24 of the Public Audit (Wales) Act 2013, a fee in respect of the discharge by that person of any of the functions specified by subsection (2) in relation to the entity. . 4 In subsection (3), for “the audit authority” substitute “ the Audit Commission or the Wales Audit Office (as the case may be) ” . 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 After subsection (4), insert— 4A The amount of a fee payable under subsection (1A) is, subject as follows, to be such as may be specified in or determined under a scale or scales of fees prescribed by the Wales Audit Office for the purposes of this section. But a fee charged under subsection (1A) may not exceed the full cost of exercising the function to which it relates. . 7 In subsection (5)— a for “subsection (4)” substitute “ subsection (4) or (4A) ” , and b for “the audit authority” substitute “ the Audit Commission or the Wales Audit Office (as the case may be) ” . 8 In subsection (6), for “the audit authority” substitute “ the Audit Commission or the Wales Audit Office (as the case may be) ” . 9 Omit subsections (10) and (11). 10 In subsection (12)— a for each reference to “the audit authority” substitute “ the Audit Commission or the Wales Audit Office (as the case may be) ” ; b after “subsection (4)”, insert “ or (4A) (as the case may be) ” . Equality Act 2010 92 In Part 2 of Schedule 19 to the Equality Act 2010 (public authorities: relevant Welsh authorities), under the heading “other public authorities”, insert at the appropriate place “ the Wales Audit Office or Swyddfa Archwilio Cymru. ” . S. 1 in force at 4.7.2013 by S.I. 2013/1466 , art. 2(a) S. 8 in force at 4.7.2013 for specified purposes by S.I. 2013/1466 , art. 2(b) S. 10 in force at 4.7.2013 by S.I. 2013/1466 , art. 2(c) S. 12 in force at 4.7.2013 by S.I. 2013/1466 , art. 2(d) S. 13 in force at 4.7.2013 for specified purposes by S.I. 2013/1466 , art. 2(e) S. 14 in force at 4.7.2013 by S.I. 2013/1466 , art. 2(f) S. 15 in force at 4.7.2013 by S.I. 2013/1466 , art. 2(g) S. 16 in force at 4.7.2013 by S.I. 2013/1466 , art. 2(h) S. 17(2) (3) in force at 4.7.2013 for specified purposes by S.I. 2013/1466 , art. 2(i) S. 18 in force at 4.7.2013 for specified purposes by S.I. 2013/1466 , art. 2(j) S. 20 in force at 4.7.2013 by S.I. 2013/1466 , art. 2(k) S. 24 in force at 4.7.2013 by S.I. 2013/1466 , art. 2(l) S. 25 in force at 4.7.2013 by S.I. 2013/1466 , art. 2(m) S. 26 in force at 4.7.2013 by S.I. 2013/1466 , art. 2(n) S. 27 in force at 4.7.2013 by S.I. 2013/1466 , art. 2(o) S. 28 in force at 4.7.2013 by S.I. 2013/1466 , art. 2(p) S. 29(1)(2)(3)(b)(c)(4) in force at 4.7.2013 by S.I. 2013/1466 , art. 2(q) S. 31 in force at 4.7.2013 by S.I. 2013/1466 , art. 2(r) S. 32 in force at 4.7.2013 by S.I. 2013/1466 , art. 2(s) S. 33 in force at 4.7.2013 by S.I. 2013/1466 , art. 2(t) Sch. 1 para. 1 in force at 4.7.2013 for specified purposes by S.I. 2013/1466 , art. 2(u)(i) Sch. 1 para. 2 in force at 4.7.2013 for specified purposes by S.I. 2013/1466 , art. 2(u)(ii) Sch. 1 para. 3 in force at 4.7.2013 for specified purposes by S.I. 2013/1466 , art. 2(u)(iii) Sch. 1 para. 4 in force at 4.7.2013 by S.I. 2013/1466 , art. 2(u)(iv) Sch. 1 para. 5 in force at 4.7.2013 by S.I. 2013/1466 , art. 2(u)(v) Sch. 1 para. 6 in force at 4.7.2013 by S.I. 2013/1466 , art. 2(u)(vi) Sch. 1 para. 7 in force at 4.7.2013 by S.I. 2013/1466 , art. 2(u)(vii) Sch. 1 para. 8 in force at 4.7.2013 by S.I. 2013/1466 , art. 2(u)(viii) Sch. 1 para. 9 in force at 4.7.2013 by S.I. 2013/1466 , art. 2(u)(ix) Sch. 1 para. 10 in force at 4.7.2013 by S.I. 2013/1466 , art. 2(u)(x) Sch. 1 para. 11 in force at 4.7.2013 by S.I. 2013/1466 , art. 2(u)(x) Sch. 1 para. 12 in force at 4.7.2013 by S.I. 2013/1466 , art. 2(u)(x) Sch. 1 para. 13 in force at 4.7.2013 by S.I. 2013/1466 , art. 2(u)(xi) Sch. 1 para. 26 in force at 4.7.2013 for specified purposes by S.I. 2013/1466 , art. 2(u)(xii) Sch. 1 para. 27 in force at 4.7.2013 by S.I. 2013/1466 , art. 2(u)(xiii) Sch. 1 para. 28 in force at 4.7.2013 by S.I. 2013/1466 , art. 2(u)(xiv) Sch. 1 para. 29(1) in force at 4.7.2013 by S.I. 2013/1466 , art. 2(u)(xv) Sch. 1 para. 30 in force at 4.7.2013 by S.I. 2013/1466 , art. 2(u)(xvi) Sch. 1 para. 31 in force at 4.7.2013 by S.I. 2013/1466 , art. 2(u)(xvii) Sch. 1 para. 32 in force at 4.7.2013 for specified purposes by S.I. 2013/1466 , art. 2(u)(xviii) Sch. 2 para. 1 in force at 4.7.2013 by S.I. 2013/1466 , art. 2(v)(i) Sch. 2 para. 2 in force at 4.7.2013 by S.I. 2013/1466 , art. 2(v)(ii) Sch. 2 para. 5 in force at 4.7.2013 by S.I. 2013/1466 , art. 2(v)(iii) Sch. 2 para. 6 in force at 4.7.2013 by S.I. 2013/1466 , art. 2(v)(iii) Sch. 2 para. 7 in force at 4.7.2013 by S.I. 2013/1466 , art. 2(v)(iii) Sch. 2 para. 8 in force at 4.7.2013 by S.I. 2013/1466 , art. 2(v)(iii) Sch. 2 para. 9 in force at 4.7.2013 by S.I. 2013/1466 , art. 2(v)(iii) Sch. 2 para. 10 in force at 4.7.2013 by S.I. 2013/1466 , art. 2(v)(iii) Sch. 2 para. 11 in force at 4.7.2013 by S.I. 2013/1466 , art. 2(v)(iii) Sch. 2 para. 12 in force at 4.7.2013 by S.I. 2013/1466 , art. 2(v)(iii) Sch. 2 para. 13 in force at 4.7.2013 by S.I. 2013/1466 , art. 2(v)(iii) Sch. 2 para. 14 in force at 4.7.2013 by S.I. 2013/1466 , art. 2(v)(iii) Sch. 3 para. 4 in force at 4.7.2013 by S.I. 2013/1466 , art. 2(w)(i) Sch. 3 para. 13 in force at 4.7.2013 by S.I. 2013/1466 , art. 2(w)(ii) Sch. 4 para. 79(2) in force at 4.7.2013 for specified purposes by S.I. 2013/1466 , art. 2(x) Sch. 4 para. 79(2) in force at 1.4.2014 in so far as not already in force by S.I. 2013/1466 , art. 3(1) S. 17(2) (3) in force at 1.4.2014 in so far as not already in force by S.I. 2013/1466 , art. 3(1) S. 17(1) in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) S. 29(3)(a)(d)(e) in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 1 para. 29(2) (3) in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 79(1)(3)-(6) in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) S. 11 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) S. 8 in force at 1.4.2014 in so far as not already in force by S.I. 2013/1466 , art. 3(1) S. 13 in force at 1.4.2014 in so far as not already in force by S.I. 2013/1466 , art. 3(1) S. 18 in force at 1.4.2014 in so far as not already in force by S.I. 2013/1466 , art. 3(1) S. 2 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) S. 3 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) S. 4 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) S. 5 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) S. 6 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) S. 7 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) S. 9 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) S. 19 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) S. 21 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) S. 22 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) S. 23 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) S. 34 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 3 para. 2 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 3 para. 3 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 21 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 22 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 23 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 24 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 25 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 26 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 27 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 28 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 29 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 30 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 31 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 32 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 33 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 34 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 35 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 36 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 37 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 38 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 39 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 40 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 41 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 42 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 43 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 44 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 45 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 46 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 47 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 48 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 49 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 50 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 51 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 52 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 53 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 54 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 55 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 56 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 57 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 58 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 59 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 60 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 61 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 62 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 63 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 64 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 65 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 66 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 67 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 68 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 69 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 84 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 85 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 86 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 87 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 88 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 6 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) (with art. 4(2) ) Sch. 4 para. 7 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) (with art. 4(2) ) Sch. 4 para. 8 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) (with art. 4(2) ) Sch. 4 para. 1 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 2 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 3 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 4 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 10 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 11 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 12 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 13 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 14 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 15 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 16 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 18 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 19 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 71 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 72 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 73 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 74 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 75 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 76 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 77 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 81 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 82 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 90 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 91 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 92 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 1 para. 1 in force at 1.4.2014 in so far as not already in force by S.I. 2013/1466 , art. 3(1) Sch. 1 para. 2 in force at 1.4.2014 in so far as not already in force by S.I. 2013/1466 , art. 3(1) Sch. 1 para. 3 in force at 1.4.2014 in so far as not already in force by S.I. 2013/1466 , art. 3(1) Sch. 1 para. 26 in force at 1.4.2014 in so far as not already in force by S.I. 2013/1466 , art. 3(1) Sch. 1 para. 32 in force at 1.4.2014 in so far as not already in force by S.I. 2013/1466 , art. 3(1) Sch. 1 para. 14 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 1 para. 15 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 1 para. 16 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 1 para. 17 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 1 para. 18 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 1 para. 19 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 1 para. 20 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 1 para. 21 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 1 para. 22 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 1 para. 23 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 1 para. 24 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 1 para. 25 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 1 para. 33 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 1 para. 34 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 1 para. 35 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 1 para. 36 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 2 para. 3 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 2 para. 4 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 3 para. 1 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 3 para. 5 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 3 para. 6 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 3 para. 7 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 3 para. 8 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 3 para. 9 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 3 para. 10 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 3 para. 11 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 3 para. 12 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 5 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) (with art. 4(2) ) Sch. 4 para. 9 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 17 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 20 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 70 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 80 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 83 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 89 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 91(2) repealed (1.4.2015) by Local Audit and Accountability Act 2014 (c. 2) , s. 49(1) , Sch. 12 para. 123(i) ; S.I. 2015/841 , art. 3(x) Sch. 4 para. 91(5) repealed (1.4.2015) by Local Audit and Accountability Act 2014 (c. 2) , s. 49(1) , Sch. 12 para. 123(i) ; S.I. 2015/841 , art. 3(x) S. 23(3)(ca) inserted (1.4.2016) by Well-being of Future Generations (Wales) Act 2015 (anaw 2) , s. 56(2) , Sch. 4 para. 32 ; S.I. 2016/86 , art. 3 S. 23(3)(ba) inserted (1.4.2018) by Tax Collection and Management (Wales) Act 2016 (anaw 6) , ss. 36 , 194(2) ; S.I. 2018/33 , art. 3 Sch. 4 para. 78 omitted (1.4.2018) by virtue of Wales Act 2017 (c. 4) , s. 71(4) , Sch. 6 para. 96 (with Sch. 7 paras. 1 , 6 ); S.I. 2017/1179 , reg. 3(r) S. 29A inserted (23.7.2019) by Public Services Ombudsman (Wales) Act 2019 (anaw 3) , s. 77(1) , Sch. 5 para. 4 ; S.I. 2019/1096 , reg. 2 S. 20 in force on 1.4.2014 to the extent not already in force by O.S. 2013/1466, regulation. 3(1)
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[uk-legislation-anaw][anaw] 2024-05-04
http://www.legislation.gov.uk/anaw/2020/3/2022-03-21
http://www.legislation.gov.uk/anaw/2020/3/2022-03-21 Children (Abolition of Defence of Reasonable Punishment) (Wales) Act 2020 An Act of the National Assembly for Wales to abolish the common law defence of reasonable punishment in relation to corporal punishment of a child taking place in Wales; and for connected purposes. text text/xml en Statute Law Database 2023-02-02 Expert Participation 2022-03-21 Children (Abolition of Defence of Reasonable Punishment) (Wales) Act 2020 2020 anaw 3 An Act of the National Assembly for Wales to abolish the common law defence of reasonable punishment in relation to corporal punishment of a child taking place in Wales; and for connected purposes. [20 March 2020] Having been passed by the National Assembly for Wales and having received the assent of Her Majesty, it is enacted as follows: Abolition of common law defence of reasonable punishment 1 1 The common law defence of reasonable punishment is abolished in relation to corporal punishment of a child taking place in Wales. 2 Accordingly, corporal punishment of a child taking place in Wales cannot be justified in any civil or criminal proceedings on the ground that it constituted reasonable punishment. 3 Nor can corporal punishment of a child taking place in Wales be justified in any civil or criminal proceedings on the ground that it constituted acceptable conduct for the purposes of any other rule of the common law. 4 For the purposes of this section, “ corporal punishment ” means any battery carried out as a punishment. 5 In section 58 of the Children Act 2004 (c. 31) (reasonable punishment)— a in subsection (1), after “battery of a child” insert “ taking place in England ” , b in subsection (3), after “Battery of a child” insert “ taking place in England ” , and c the heading becomes “ Reasonable punishment: England ” . Promoting public awareness of the coming into force of section 1 2 The Welsh Ministers must take steps before the coming into force of section 1 to promote public awareness of the changes to the law to be made by that section. Reporting requirements 3 1 The Welsh Ministers must prepare two reports on the effect of the changes to the law made by section 1. 2 The first report must be prepared as soon as practicable after the expiry of the period of 3 years beginning with the coming into force of section 1. 3 The second report must be prepared as soon as practicable after the expiry of the period of 5 years beginning with the coming into force of section 1. 4 The Welsh Ministers must, as soon as practicable after preparing a report under this section— a lay the report before the National Assembly for Wales, and b publish the report. Power to make transitional etc. provision by regulations 4 1 Regulations made by the Welsh Ministers may make transitory, transitional or saving provision in connection with the coming into force of section 1. 2 The power to make regulations under subsection (1) is exercisable by statutory instrument. Coming into force 5 1 This section and section 2, section 3, section 4, and section 6 come into force on the day after the day on which this Act receives Royal Assent. 2 Section 1 comes into force at the expiry of the period of 2 years beginning with the day after the day on which this Act receives Royal Assent. Short title 6 The short title of this Act is the Children (Abolition of Defence of Reasonable Punishment) (Wales) Act 2020. S. 2 in force at 21.3.2020, see s. 5(1) S. 3 in force at 21.3.2020, see s. 5(1) S. 4 in force at 21.3.2020, see s. 5(1) S. 5 in force at 21.3.2020, see s. 5(1) S. 6 in force at 21.3.2020, see s. 5(1) S. 1 in force at 21.3.2022, see s. 5(2)
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[uk-legislation-anaw][anaw] 2024-05-04
http://www.legislation.gov.uk/anaw/2020/2/2020-02-27
http://www.legislation.gov.uk/anaw/2020/2/2020-02-27 National Health Service (Indemnities) (Wales) Act 2020 An Act of the National Assembly for Wales to amend the National Health Service (Wales) Act 2006 to make provision about indemnities in respect of expenses and liabilities arising in connection with the provision of health services. text text/xml en Statute Law Database 2023-02-16 Expert Participation 2020-02-27 National Health Service (Indemnities) (Wales) Act 2020 2020 anaw 2 An Act of the National Assembly for Wales to amend the National Health Service (Wales) Act 2006 to make provision about indemnities in respect of expenses and liabilities arising in connection with the provision of health services. [26 February 2020] Having been passed by the National Assembly for Wales and having received the assent of Her Majesty, it is enacted as follows: Indemnities in connection with provision of health services 1 1 Section 30 of the National Health Service (Wales) Act 2006 (c.42) is amended as follows. 2 In subsection (1)— a after “scheme” insert “ (a “mutual indemnity scheme”) ” ; b after “the bodies” (in both places it occurs) insert “ or other persons ” . 3 In subsection (2)— a in the words before paragraph (a), after “The bodies” insert “ and other persons ” ; b in paragraph (b) omit “and”; c after paragraph (c) insert— f a person who is providing, or who has provided, primary medical services in accordance with a contract or other arrangement under Part 4, and g a body or other person (other than a body or other person specified under paragraphs (a) to (f)) who is providing or arranging the provision of, or who has provided or arranged the provision of, health services whose provision is the subject of a contract or other arrangements with a Local Health Board, NHS trust or Special Health Authority, ; d in the words after paragraph (g)— i for “scheme under this section” substitute “ mutual indemnity scheme ” ; ii after “bodies which” insert “ , or other persons who, ” . 4 In subsection (3)— a in the words before paragraph (a), for “scheme under this section” substitute “ mutual indemnity scheme ” ; b in paragraph (b) after “body which” insert “ , or other person who, ” . 5 In subsection (4), for “body” substitute “ Local Health Board, NHS trust or Special Health Authority ” . 6 In subsection (5), for “scheme”, the first time it occurs, substitute “ mutual indemnity scheme ” . 7 In subsection (7), for “scheme under this section” substitute “ mutual indemnity scheme ” . 8 After subsection (7) insert— 8 The Welsh Ministers may by regulations establish a scheme (a “direct indemnity scheme”) under which they may indemnify any of the bodies or other persons specified in subsection (2) against— a expenses arising from any loss of or damage to their property, and b liabilities to third parties for loss, damage or injury arising out of the carrying out of the functions of the bodies or other persons concerned. 9 A direct indemnity scheme may, in particular– a specify the persons or other bodies eligible to be indemnified (including limiting the class or description of bodies or other persons who are eligible); b specify the expenses and liabilities in respect of which a body or other person may be indemnified and the extent to which they may be indemnified; c require any body or other person indemnified under the scheme to make payments in accordance with the scheme. 10 Nothing in this section limits or affects the powers of the Welsh Ministers under this Act, or any other enactment, to provide an indemnity— a to any person other than the bodies or other persons specified in subsection (2), or b to a body or other person specified in subsection (2) in respect of any expenses or liabilities other than those mentioned in subsections (1) and (8). 11 In this section— a in subsections (1)(b) and (8)(b) “ functions ”, in relation to a body or other person specified in subsection (2)(g), means the body or person's functions of providing, or arranging the provision of, health services whose provision is the subject of a contract or other arrangements with a Local Health Board, NHS trust or Special Health Authority; b in subsection (2) and in paragraph (a) of this subsection “ health services ” means services provided as part of the health service. Short title and coming into force 2 1 The short title of this Act is the National Health Service (Indemnities) (Wales) Act 2020. 2 This Act comes into force on the day after the day on which this Act receives Royal Assent. S. 1 in force at 27.2.2020, see s. 2(2) S. 2 in force at 27.2.2020, see s. 2(2)
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[uk-legislation-anaw][anaw] 2024-05-04
http://www.legislation.gov.uk/anaw/2019/2/2022-12-01
http://www.legislation.gov.uk/anaw/2019/2/2022-12-01 Renting Homes (Fees etc.) (Wales) Act 2019 An Act of the National Assembly for Wales prohibiting persons from requiring certain payments to be made or certain other steps to be taken in consideration of the grant, renewal or continuance of a standard occupation contract, or pursuant to a term of a standard occupation contract; to make provision about holding deposits and in relation to requirements to publicise certain fees charged by letting agents; and for connected purposes. text text/xml en Statute Law Database 2024-04-02 Expert Participation 2022-12-01 Renting Homes (Fees etc.) (Wales) Act 2019 Deddf Rhentu Cartrefi (Ffioedd etc.) (Cymru) 2019 Pt. 2A Renters’ Rights Act 2025 s. 43(3) s. 49 138 s. 145(3) Renting Homes (Fees etc.) (Wales) Act 2019 Deddf Rhentu Cartrefi (Ffioedd etc.) (Cymru) 2019 Pt. 2A Renters’ Rights Act 2025 s. 44(3) s. 49 138 s. 145(3) Renting Homes (Fees etc.) (Wales) Act 2019 Deddf Rhentu Cartrefi (Ffioedd etc.) (Cymru) 2019 s. 1(2A) Renters’ Rights Act 2025 s. 43(2) s. 49 138 s. 145(3) Renting Homes (Fees etc.) (Wales) Act 2019 Deddf Rhentu Cartrefi (Ffioedd etc.) (Cymru) 2019 s. 1(2A) Renters’ Rights Act 2025 s. 44(2) s. 49 138 s. 145(3) Renting Homes (Fees etc.) (Wales) Act 2019 Deddf Rhentu Cartrefi (Ffioedd etc.) (Cymru) 2019 s. 10(4)(za) (zb) Renters’ Rights Act 2025 s. 43(4)(a) s. 49 138 s. 145(3) Renting Homes (Fees etc.) (Wales) Act 2019 Deddf Rhentu Cartrefi (Ffioedd etc.) (Cymru) 2019 s. 10(4)(za) (zb) Renters’ Rights Act 2025 s. 44(4)(a) s. 49 138 s. 145(3) Renting Homes (Fees etc.) (Wales) Act 2019 Deddf Rhentu Cartrefi (Ffioedd etc.) (Cymru) 2019 s. 10(4)(zb)(i) - (iii) Renters’ Rights Act 2025 s. 43(4)(b) s. 49 138 s. 145(3) Renting Homes (Fees etc.) (Wales) Act 2019 Deddf Rhentu Cartrefi (Ffioedd etc.) (Cymru) 2019 s. 10(4)(zb)(i) - (iii) Renters’ Rights Act 2025 s. 44(4)(b) s. 49 138 s. 145(3) Renting Homes (Fees etc.) (Wales) Act 2019 Deddf Rhentu Cartrefi (Ffioedd etc.) (Cymru) 2019 s. 10(4A) Renters’ Rights Act 2025 s. 43(5) s. 49 138 s. 145(3) Renting Homes (Fees etc.) (Wales) Act 2019 Deddf Rhentu Cartrefi (Ffioedd etc.) (Cymru) 2019 s. 10(4A) Renters’ Rights Act 2025 s. 44(5) s. 49 138 s. 145(3) Renting Homes (Fees etc.) (Wales) Act 2019 Deddf Rhentu Cartrefi (Ffioedd etc.) (Cymru) 2019 s. 13(1) Renters’ Rights Act 2025 s. 43(6) s. 49 138 s. 145(3) Renting Homes (Fees etc.) (Wales) Act 2019 Deddf Rhentu Cartrefi (Ffioedd etc.) (Cymru) 2019 s. 13(1) Renters’ Rights Act 2025 s. 44(6) s. 49 138 s. 145(3) Renting Homes (Fees etc.) (Wales) Act 2019 Deddf Rhentu Cartrefi (Ffioedd etc.) (Cymru) 2019 s. 17(3A) Renters’ Rights Act 2025 s. 43(7)(a) s. 49 138 s. 145(3) Renting Homes (Fees etc.) (Wales) Act 2019 Deddf Rhentu Cartrefi (Ffioedd etc.) (Cymru) 2019 s. 17(3A) Renters’ Rights Act 2025 s. 44(7)(a) s. 49 138 s. 145(3) Renting Homes (Fees etc.) (Wales) Act 2019 Deddf Rhentu Cartrefi (Ffioedd etc.) (Cymru) 2019 s. 17(4) Renters’ Rights Act 2025 s. 43(7)(b) s. 49 138 s. 145(3) Renting Homes (Fees etc.) (Wales) Act 2019 Deddf Rhentu Cartrefi (Ffioedd etc.) (Cymru) 2019 s. 17(4) Renters’ Rights Act 2025 s. 43(7)(c) s. 49 138 s. 145(3) Renting Homes (Fees etc.) (Wales) Act 2019 Deddf Rhentu Cartrefi (Ffioedd etc.) (Cymru) 2019 s. 17(4) Renters’ Rights Act 2025 s. 44(7)(b) s. 49 138 s. 145(3) Renting Homes (Fees etc.) (Wales) Act 2019 Deddf Rhentu Cartrefi (Ffioedd etc.) (Cymru) 2019 s. 17(4) Renters’ Rights Act 2025 s. 44(7)(c) s. 49 138 s. 145(3) Renting Homes (Fees etc.) (Wales) Act 2019 Deddf Rhentu Cartrefi (Ffioedd etc.) (Cymru) 2019 s. 27(3) Renters’ Rights Act 2025 s. 43(8) s. 49 138 s. 145(3) Renting Homes (Fees etc.) (Wales) Act 2019 Deddf Rhentu Cartrefi (Ffioedd etc.) (Cymru) 2019 s. 27(3) Renters’ Rights Act 2025 s. 44(8) s. 49 138 s. 145(3) Renting Homes (Fees etc.) (Wales) Act 2019 Deddf Rhentu Cartrefi (Ffioedd etc.) (Cymru) 2019 s. 31 Renters’ Rights Act 2025 s. 45(5)(a) s. 138 s. 145(3) Renting Homes (Fees etc.) (Wales) Act 2019 Deddf Rhentu Cartrefi (Ffioedd etc.) (Cymru) 2019 s. 31 Renters’ Rights Act 2025 s. 45(5)(b) s. 138 s. 145(3) Renting Homes (Fees etc.) (Wales) Act 2019 Deddf Rhentu Cartrefi (Ffioedd etc.) (Cymru) 2019 title Renters’ Rights Act 2025 s. 45(1) s. 138 s. 145(3) Renting Homes (Fees etc.) (Wales) Act 2019 Deddf Rhentu Cartrefi (Ffioedd etc.) (Cymru) 2019 title Renters’ Rights Act 2025 s. 45(2) s. 138 s. 145(3) Renting Homes (Fees etc.) (Wales) Act 2019 2019 anaw 2 An Act of the National Assembly for Wales prohibiting persons from requiring certain payments to be made or certain other steps to be taken in consideration of the grant, renewal or continuance of a standard occupation contract, or pursuant to a term of a standard occupation contract; to make provision about holding deposits and in relation to requirements to publicise certain fees charged by letting agents; and for connected purposes. [15 May 2019] Having been passed by the National Assembly for Wales and having received the assent of Her Majesty, it is enacted as follows: PART 1 Overview Overview of Act 1 1 This section gives an overview of the main provisions of this Act. 2 Part 2 makes it an offence for a landlord or letting agent to require certain payments to be made or certain other steps to be taken in consideration of the grant, renewal or continuance of a standard occupation contract, or pursuant to a term of a standard occupation contract. 3 Part 3 makes provision about the repayment of holding deposits (as defined in Schedule 1). 4 Part 4 makes provision about enforcement, including provision about powers to require information, and fixed penalties. 5 Part 5 makes provision for the recovery of payments prohibited by this Act, and of holding deposits withheld contrary to this Act. 6 Part 6 gives the Welsh Ministers a power to make provision by regulations in relation to publicising certain fees charged by letting agents. 7 Part 7 makes general provision, including provision about the procedural requirements for making regulations, and about Crown application. PART 2 Prohibition of certain payments etc. Prohibitions applying to landlords 2 1 It is an offence for a landlord to require a prohibited payment to be made to the landlord, or any other person— a in consideration of the grant, renewal or continuance of a standard occupation contract, or b pursuant to a term of a standard occupation contract which purports to require the payment to be made. 2 It is an offence for a landlord to require a person to enter into a contract for services with the landlord, or any other person— a in consideration of the grant, renewal or continuance of a standard occupation contract, or b pursuant to a term of a standard occupation contract which purports to require entry into the contract for services. 3 But subsection (2) does not apply if the contract for services concerned provides for services to be provided by a person upon whom the standard occupation contract confers, or would confer, the right to occupy a dwelling (whether or not the contract for services also provides for any other person to provide services). 4 It is an offence for a landlord to require the grant of a loan to the landlord, or any other person— a in consideration of the grant, renewal or continuance of a standard occupation contract, or b pursuant to a term of a standard occupation contract which purports to require the loan to be granted. 5 A person guilty of an offence under this section is liable on summary conviction to a fine. 6 The court by which a person (“the offender”) is convicted of an offence under subsection (1) may order the offender to pay the amount of the payment concerned or (in a case where part of the payment has been repaid) the outstanding amount of the payment to the person by whom it was paid. Prohibitions applying to letting agents 3 1 It is an offence for a letting agent to require a prohibited payment to be made to the letting agent, or any other person— a in consideration of arranging the grant, renewal or continuance of a standard occupation contract, or b pursuant to a term of a standard occupation contract which purports to require the payment to be made. 2 It is an offence for a letting agent to require a person to enter into a contract for services with the letting agent, or any other person— a in consideration of arranging the grant, renewal or continuance of a standard occupation contract, or b pursuant to a term of a standard occupation contract which purports to require entry into the contract for services. 3 But subsection (2) does not apply if the contract for services concerned is a contract between a landlord and a letting agent only, in respect of lettings work or property management work to be carried out by the agent on the landlord's behalf. 4 It is an offence for a letting agent to require the grant of a loan to the letting agent, or any other person— a in consideration of arranging the grant, renewal or continuance of a standard occupation contract, or b pursuant to a term of a standard occupation contract which purports to require the loan to be made. 5 A person guilty of an offence under this section is liable on summary conviction to a fine. 6 The court by which a person (“the offender”) is convicted of an offence under subsection (1) may order the offender to pay the amount of the payment concerned or (in a case where part of the payment has been repaid) the outstanding amount of the payment to the person by whom it was paid. Prohibited and permitted payments 4 1 Any payment of money is a prohibited payment unless— a it is payable by a landlord to a letting agent in respect of lettings work or property management work carried out by the agent on behalf of the landlord, or b it is a permitted payment by virtue of Schedule 1. 2 That Schedule makes provision about— a rent; b security deposits; c holding deposits; d payments in default; e payments in respect of council tax; f payments in respect of utilities; g payments in respect of a television licence; h payments in respect of communication services. i service charges; j payments in respect of further copies of a written statement. Non-binding contract terms 5 1 A term of a standard occupation contract is not binding on a contract-holder to the extent that (but for this section) it would require a prohibited payment to be made, or a contract for services to be entered into, or a loan to be made, as described in section 2 or 3. 2 But the contract continues, so far as practicable, to have effect in every other respect. Application of sections 2 to 5 to pre-existing requirements and contracts 6 Sections 2 to 5 do not apply in respect of— a a requirement imposed before the coming into force of this Part; b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Power to amend definition of “permitted payment” 7 1 Regulations may amend this Act for the purposes of adding, modifying or removing a reference in Schedule 1 to a category of payment. 2 But the power in subsection (1) does not extend to removing the payment of rent from the categories of payment that are permitted payments under this Act. Meaning of “letting agent”, “lettings work” and “property management work” 8 For the purposes of this Part and Parts 3 to 5— “ letting agent ” (“ asiant gosod eiddo ”) means a person who carries out lettings work or property management work (whether or not the person carries out other work); “ lettings work ” (“ gwaith gosod ”) and “ property management work ” (“ gwaith rheoli eiddo ”) have the same meaning as in Part 1 of the Housing (Wales) Act 2014 (anaw 7) (see sections 10 and 12 of that Part). PART 3 TREATMENT OF HOLDING DEPOSITS Treatment of holding deposits 9 1 A payment that is a permitted payment by virtue of paragraph 3 of Schedule 1 (which permits the payment of holding deposits) is to be treated as having been made on the terms set out in Schedule 2. 2 Subsection (1) does not apply in relation to a payment made before the coming into force of Schedule 2. PART 4 Enforcement Enforcement authority powers to require information etc. Power to require documents or information 10 1 An authorised officer of an enforcement authority may exercise the powers conferred by subsections (2) and (3) in relation to documents or information reasonably required by the authority for the purpose of investigating whether any offence under this Act has been committed in respect of a dwelling located in the enforcement authority's area. 2 An authorised officer may give a notice to a person within subsection (4) requiring that person to produce, at a time and place, and to a person, specified in the notice, any documents which— a are specified or described in the notice, or fall within a category of document specified or described in the notice, and b are in the person's custody or under the person's control. 3 An authorised officer may give a notice to a person within subsection (4) requiring that person to provide, in a form and manner specified in the notice, and at a time and place and to a person specified in the notice, any information which— a is specified or described in the notice, or falls within a category of information which is specified in the notice, and b is known to the person. 4 The persons within this section are— a a person who is or has been a landlord under a standard occupation contract; b a person who is or has been a contract-holder under a standard occupation contract; c a person who is or has been a letting agent. 5 A notice under subsection (2) or (3) must include information about the possible consequences of not complying with the notice. 6 A person to whom any document is produced in accordance with a notice under subsection (2) or (3) may copy the document. 7 No person may be required under this section to produce any document or provide any information which the person would be entitled to refuse to produce or provide, in proceedings in the High Court, on grounds of legal professional privilege. 8 In this section, “ document ” includes information recorded otherwise than in legible form, and in relation to information so recorded, any reference to the production of a document is a reference to the production of a copy of the information in legible form. Offence of failing to comply with a notice under section 10 11 1 It is an offence for a person to fail to do anything required of the person by a notice under section 10. 2 In proceedings against a person for an offence under subsection (1) it is a defence that the person had a reasonable excuse for failing to comply with the notice. 3 A person who commits an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 4 on the standard scale. 4 It is an offence for a person to intentionally alter, suppress or destroy any document which the person has been required to produce by a notice under section 10. 5 A person who commits an offence under subsection (4) is liable on summary conviction to a fine. 6 In this section “ document ” includes information recorded otherwise than in legible form, and in relation to information so recorded— a the reference in subsection (4) to the production of a document is a reference to the production of a copy of the information in legible form, and b the reference in that subsection to suppressing a document includes a reference to destroying the means of reproducing the information. Offence of providing false or misleading information in relation to a notice under section 10 12 1 It is an offence for a person given a notice under section 10, in purported compliance with the notice, to supply information that is false or misleading, if the person— a knows that the information supplied is false or misleading, or b is reckless as to whether it is false or misleading. 2 It is an offence for a person to supply information that is false or misleading, if the person— a knows that the information is false or misleading, or is reckless as to whether it is false or misleading, and b knows that the information is to be used for the purpose of supplying information in purported compliance with the requirements of a notice given to another person under section 10. 3 A person who commits an offence under subsection (1) or (2) is liable on summary conviction to a fine. 4 In this section, “ false or misleading ” means false or misleading in a material respect. Fixed penalty notices Fixed penalty notices 13 1 Where an authorised officer of an enforcement authority has reason to believe that a person has committed an offence under section 2 or 3 in the authority's area, the officer may give that person a fixed penalty notice in respect of the offence. 2 A fixed penalty notice, for the purposes of subsection (1), is a notice offering a person the opportunity to discharge any liability to conviction for the offence to which the notice relates by paying a penalty of £1000. 3 The Welsh Ministers may by regulations substitute a different amount for the amount for the time being specified in subsection (2). 4 A fixed penalty notice given under this section is to be treated as if it were given under section 29 of the Housing (Wales) Act 2014 (anaw 7) for the purposes of subsections (2), (3) and (6) to (8) of that section (provision about how fixed penalty notices are given), and for this purpose the reference in subsection (8)(a) of that section to “the licensing authority” is to be treated as being a reference to the enforcement authority in question. 5 Fixed penalty receipts received by an enforcement authority by virtue of this section may not be used otherwise than for the purpose of the authority's functions relating to the enforcement of the provisions of this Act. Notification of conviction to licensing authority Duty of local housing authority to notify licensing authority of conviction 14 1 As soon as reasonably practicable after becoming aware that a person has been convicted of an offence under this Act in respect of a dwelling in its area, a local housing authority must comply with subsection (2). 2 The authority must give notification of the conviction to the licensing authority designated under section 3 of Part 1 of the Housing (Wales) Act 2014 (anaw 7), or, if there is more than one licensing authority so designated, to each of those authorities. 3 This section does not require a local housing authority to give a licensing authority notification of a conviction if the proceedings which led to the conviction were brought by the licensing authority under section 19. Guidance Duty to have regard to guidance 15 In exercising its functions under this Part an enforcement authority must have regard to any guidance issued by the Welsh Ministers. Meaning of “authorised officer” in this Part Meaning of “authorised officer” 16 Any reference in this Part to an authorised officer of an enforcement authority is a reference to a person (whether or not an officer of the authority) authorised in writing by the authority for the purposes of this Part. The enforcement authority for the purposes of this Part Enforcement authorities 17 1 For the purposes of this Part, each of the following is the enforcement authority in relation to the area of a local housing authority— a the local housing authority for the area, and b the licensing authority for the area. 2 But a licensing authority which, by virtue of subsection (1)(b), is the enforcement authority for the area of a local housing authority, may not exercise any function of an enforcement authority in relation to that area, nor bring proceedings under section 19 in relation to that area, without the prior written consent of the local housing authority for the area. 3 Consent under subsection (2) may be given generally or in relation to specific cases or functions. 4 For the purposes of this section, “ licensing authority ” means a person designated as a licensing authority under section 3 of Part 1 of the Housing (Wales) Act 2014 (anaw 7). 5 In this Part, references to the area of an enforcement authority are references to the area or, as the case may be, areas for which it is the enforcement authority. Information sharing and power to bring criminal proceedings Supply and use of information by enforcement authorities 18 1 If an enforcement authority requests information from another enforcement authority, that other authority must comply with the request unless it considers that doing so would be incompatible with the exercise of its functions (including functions exercisable otherwise than under this Part). 2 The information that may be requested of an enforcement authority under subsection (1) is information that has been obtained by that authority— a under this section, or b otherwise in the exercise of its functions under this Part. 3 An enforcement authority may use information within subsection (5)(a), (b) or (c) for any purpose connected to the exercise of the authority's functions under this Part. 4 An enforcement authority may, in addition, use information within subsection (5)(a) or (b) for any purpose connected to the exercise of any of its functions under Part 1 of the Housing (Wales) Act 2014 (anaw 7) (“ the 2014 Act ”). 5 The information is information— a that has been supplied to it by another enforcement authority under subsection (1); b that has otherwise been obtained by the enforcement authority in the exercise of its functions under this Part; c that, by virtue of section 36 of the 2014 Act, it is permitted to use for purposes connected to the exercise of its functions under Part 1 of that Act. 6 Section 17(2) does not apply in relation to the functions conferred on an enforcement authority by this section. Power of licensing authority to bring criminal proceedings 19 An enforcement authority which is a licensing authority may bring criminal proceedings in respect of an offence alleged to have been committed under this Act in respect of a dwelling located in its area (but this is subject to section 17(2)). Restrictions on termination by landlord of standard occupation contracts Restrictions on terminating standard occupation contracts 20 Schedule 9A to the Renting Homes (Wales) Act 2016 (anaw 1) includes provision relating to standard occupation contracts preventing a landlord from giving a notice seeking possession of a dwelling under section 173 or 186 of that Act, or under a landlord's break clause, if the landlord has not complied with provisions of this Act relating to prohibited payments and retained holding deposits. Guidance to a licensing authority under Part 1 of the Housing (Wales) Act 2014 Amendment to section 41 of Housing (Wales) Act 2014 21 In section 41 of the Housing (Wales) Act 2014 (anaw 7) (guidance under Part 1 of Act), after subsection (2) insert— 2A Guidance given to a licensing authority may (among other things) include provision about matters to be taken into account by a licensing authority in deciding whether a failure to repay the amount of any prohibited payment or holding deposit (within the meaning of the Renting Homes (Fees etc.) (Wales) Act 2019) affects a person's fitness to be licensed under this Part. PART 5 Recovery of amount by contract-holder Recovery of a prohibited payment or holding deposit 22 1 A person (the “claimant”) may apply to the county court for the recovery of the amount of— a any prohibited payment made by or on behalf of the claimant in respect of a standard occupation contract; b any holding deposit paid by or on behalf of the claimant in respect of a standard occupation contract. 2 A court to which an application under subsection (1)(a) is made may, if the court is satisfied beyond reasonable doubt that— a a prohibited payment has been made by or on behalf of the claimant, and b all or part of that payment has yet to be repaid to the claimant, order the repayment to the claimant, in accordance with the order, of the amount of the payment or (in a case where part of the payment has been repaid) of the outstanding amount of the payment. 3 A court to which an application under subsection (1)(b) is made may, if the court is satisfied, on the balance of probabilities, that— a a holding deposit has been paid by or on behalf of the claimant, and b there has been a failure to repay all or part of the holding deposit to the claimant in accordance with Schedule 2, order the repayment to the claimant, in accordance with the order, of the amount of the holding deposit or (in a case where part of the holding deposit has been repaid) of the outstanding amount of the holding deposit. 4 But subsection (2) does not apply in relation to a prohibited payment if criminal proceedings have been commenced by virtue of section 2 or 3 in respect of that payment, unless those proceedings have been discontinued. 5 An order under subsection (2) or (3) may not require the repayment of an amount, if that amount has been applied towards a payment of rent, or the security deposit, under the standard occupation contract concerned. PART 6 Publicising Letting agents' Fees Publicising letting agents' fees 23 1 Regulations may amend Chapter 3 of Part 3 of the Consumer Rights Act 2015 (c.15) (duty to publicise fees etc.)— a to require a letting agent to ensure that any online advertiser publicises the agent's relevant fees, so far as those fees relate to dwelling-houses in Wales; b to allow more than one penalty to be imposed on a letting agent in relation to the same breach of a duty in that Chapter, so far as the breach relates to dwelling-houses in Wales. 2 In this section— a “ online advertiser ”, in relation to a letting agent, means a person who advertises, on the internet, services offered by the agent in relation to dwelling houses in Wales; b “ dwelling house ”, “ letting agent ” and “ relevant fees ” have the same meaning as in Chapter 3 of Part 3 of the Consumer Rights Act 2015. PART 7 Final provisions Requirement for local housing authority to promote awareness of effect of Act 24 1 A local housing authority must make arrangements for information to be made publicly available in its area, in whatever way the authority thinks appropriate, about the effect of this Act, including about how prohibited payments and holding deposits may be recovered. 2 In making arrangements for the purposes of this section, a local housing authority must have regard to any guidance given by the Welsh Ministers. Power to make transitional provision in respect of assured tenancies 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Offences by bodies corporate 26 1 Where an offence under this Act committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of— a a senior officer of the body corporate, or b a person purporting to be a senior officer of the body corporate, that senior officer or person (as well as the body corporate) is guilty of the offence and is liable to be proceeded against and punished accordingly. 2 In subsection (1), “ senior officer ” means a director, manager, secretary or other similar officer of the body corporate. 3 But in the case of a body corporate whose affairs are managed by its members, “ director ” for the purposes of this section means a member of the body corporate. Regulations 27 1 A power to make regulations under this Act is to be exercised by statutory instrument. 2 A power to make regulations under this Act includes power— a to make different provision for different purposes; b to make supplemental, incidental, consequential, transitional, transitory or saving provision. 3 A statutory instrument containing regulations under section 7, section 13 or paragraphs 2 or 6 of Schedule 1 (whether or not it contains regulations made under any other provision of this Act) may not be made unless a draft of the regulations has been laid before, and approved by resolution of, the National Assembly for Wales. 4 Any other statutory instrument containing regulations under this Act is subject to annulment in pursuance of a resolution of the National Assembly for Wales. Interpretation 28 In this Act— “ contract-holder ” (“ deiliad contract ”) has the same meaning as in the Renting Homes (Wales) Act 2016 (anaw 1) (referred to in this section as “ the 2016 Act ”); “ dwelling ” (“ annedd ”) has the same meaning as in the 2016 Act; “ holding deposit ” (“ blaendal cadw ”) has the meaning given in Schedule 1; “ landlord ” (“ landlord ”) has the same meaning as in the 2016 Act; and if two or more persons jointly constitute the landlord, references in this Act to the landlord are to each of those persons; “ local housing authority ” (“ awdurdod tai lleol ”) means the council for a county or county borough in Wales; “ prohibited payment ” (“ taliad gwaharddedig ”) has the meaning given in section 4; “ regulations ” (“ rheoliadau ”) means regulations made by the Welsh Ministers; “ security deposit ” (“ blaendal sicrwydd ”) has the meaning given in Schedule 1; “ standard occupation contract ” (“ contract meddiannaeth safonol ”) means a contract that is a standard contract for the purposes of the 2016 Act. Crown application 29 1 This Act applies to the Crown. 2 No contravention of any provision made by or under this Act makes the Crown criminally liable, but the High Court may declare unlawful any act or omission of the Crown which constitutes such a contravention. Coming into force 30 1 This section and section 31 come into force on the day after the day this Act receives Royal Assent. 2 The other provisions of this Act come into force on a day appointed by the Welsh Ministers in an order made by statutory instrument. 3 An order under this section may— a appoint different days for different purposes; b make transitory, transitional or saving provision. Short title 31 The short title of this Act is the Renting Homes (Fees etc.) (Wales) Act 2019. SCHEDULE 1 Permitted Payments (as introduced by section 4) Rent 1 1 A payment of rent under a standard occupation contract is a permitted payment. 2 But, subject as follows, if the amount of rent payable in respect of a relevant period (“P1”) is more than the amount of rent payable in respect of another relevant period (“P2”), the additional amount payable in respect of P1 is a prohibited payment. 3 Where there is more than one relevant period other than P1, P2 is whichever one of those other relevant periods is the period in respect of which the lowest amount of rent is payable. 4 In a case where the duration of one relevant period (P1) differs from that of another (P2), to determine— a whether a prohibited payment has been made by virtue of sub-paragraph (2), and b if so, the amount of the prohibited payment, the following steps are to be taken. Step 1 For each of P1 and P2, the applicable daily rate of rent (the “ADR”) is to be calculated (and in the case of an amount that is not a whole number of pennies, then rounded up to the nearest penny) by dividing the total amount of rent for the period by the number of days in the period. Step 2 If there is no difference between the ADR for each period, there is no prohibited payment. Step 3 But if the ADR for P1 differs from that for P2, determine which of the rates is the lower (the “lower ADR”) and which is the higher (the “higher ADR”). Step 4 For whichever period in respect of which the higher ADR is payable, calculate the amount of rent that would have been payable for it if rent had been payable in respect of that period at the lower ADR. Step 5 Calculate the difference between the amount of rent calculated under Step 4, and the amount of rent actually payable in respect of the period in which the higher ADR is payable. The resulting amount is a prohibited payment by virtue of sub-paragraph (2). 5 Where— a rent is payable monthly in respect of P1 and P2, or P1 and P2 are both periods calculated by reference to the same number of calendar months, and b the amount of rent payable in respect of P1 and P2 is the same, P1 and P2 are to be treated for the purposes of Step 2 in sub-paragraph (4) as having the same ADR. 6 No account is to be taken of any difference between the rent payable in respect of P1 and another relevant period to the extent that it results from a permitted variation of the rent. 7 In sub-paragraph (6), “ permitted variation ”, in relation to rent payable under a standard occupation contract, means a variation made— a by agreement between the landlord and the contract-holder; b pursuant to a term in the contract which provides for variation of the rent under the contract; c by or as a result of an enactment. 8 In this paragraph— a “ enactment ” means an enactment (whenever enacted or made) comprised in, or in an instrument made under— i an Act of Parliament, ii a Measure or an Act of the National Assembly for Wales, and b “ relevant period ”, in relation to a standard occupation contract, means any period in respect of which a payment of rent falls to be made. Security deposit 2 1 A payment of a security deposit is a permitted payment. 2 In this Act, “ security deposit ” means money paid as security for— a the performance of any obligations of a contract-holder, or b the discharge of any liability, arising under or in connection with an occupation contract. 3 But if the amount of the security deposit exceeds the prescribed limit, the amount of the excess is a prohibited payment. 4 In sub-paragraph (3), the “ prescribed limit ” means a limit specified by, or determined in accordance with, regulations. Holding deposit 3 A payment of a holding deposit is a permitted payment. 4 A holding deposit is an amount which— a before the grant of a standard occupation contract, is paid to a landlord or a letting agent; b is paid for the purpose of reserving a right of first refusal in relation to the granting of the contract, subject to suitability checks to be carried out as to the prospective contract-holder and agreement between the parties to enter into the contract; c does not exceed an amount equivalent to one week's rent under the contract. 5 Where an amount required in purported compliance with this paragraph exceeds an amount equivalent to one week's rent under the contract, the amount of the excess is a prohibited payment, with the remainder falling to be treated under Schedule 2. Payment in the event of default 6 1 A payment that is required, under a standard occupation contract, to be made in the event of a default by the contract-holder is a permitted payment, but this is subject to sub-paragraph (3). 2 In this paragraph, “ default ” means— a a failure by the contract-holder to make a payment by the due date to the landlord, or b a breach by the contract-holder of a term of the contract. 3 In the case of a default to which sub-paragraph (4) applies, if the amount of a payment required in the event of the default exceeds the prescribed limit, the amount of the excess is a prohibited payment. 4 This sub-paragraph applies to— a a failure by the contract-holder to make a payment of rent by the due date to the landlord; b any additional description of default which is specified by regulations. 5 In sub-paragraph (3), the “ prescribed limit ” means a limit specified by, or determined in accordance with, regulations. Payment in respect of council tax 7 1 A payment that a contract-holder is required to make to a billing authority in respect of council tax is a permitted payment if the contract-holder is liable to make the payment by virtue of any of sections 6, 8 or 9 of the Local Government Finance Act 1992 (c. 14). 2 In this paragraph “ billing authority ” has the same meaning as in Part 1 of the Local Government Finance Act 1992 (see section 1(2) of that Act). Payment in respect of provision of utilities 8 1 A payment for or in connection with the provision of a utility is a permitted payment if— a it is required under a standard occupation contract, and b it is made in respect of the dwelling subject to the contract. 2 A payment towards energy efficiency improvements under a green deal plan (within the meaning of section 1 of the Energy Act 2011 (c.16)) is a permitted payment if— a it is required under a standard occupation contract, and b it is made in respect of the dwelling subject to the contract. 3 In this Act “ utility ” means any of the following— a electricity, gas or other fuel; b water or sewerage. Payment in respect of television licence 9 1 A payment that a contract-holder is required to make to the British Broadcasting Corporation in respect of a television licence is a permitted payment if the contract-holder is required by the contract to make the payment. 2 In this paragraph “ television licence ” means a licence for the purposes of section 363 of the Communications Act 2003 (c. 21). Payment in respect of communication service 10 1 A payment for or in connection with a communication service is a permitted payment if— a it is required under a standard occupation contract, and b it is made in respect of the dwelling subject to the contract. 2 In this paragraph, a “ communication service ” means a service enabling any of the following to be used— a a telephone other than a mobile telephone; b the internet; c cable television; d satellite television. Service charges payable to community landlords etc. 10A 1 A payment of a service charge is a permitted payment if— a it is required under a standard occupation contract, and b the landlord is a community landlord. 2 But sub-paragraph (1) does not apply in relation to— a a standard occupation contract within paragraph 15 of Schedule 3 to the 2016 Act (accommodation which is not social accommodation), or b a standard occupation contract mentioned in sub-paragraph (3). 3 A payment of a service charge is a permitted payment if it is required under a standard occupation contract within section 143 of the 2016 Act (contracts relating to supported accommodation). 4 For the purposes of this paragraph— “ 2016 Act ” (“ Deddf 2016 ”) means the Renting Homes (Wales) Act 2016 (anaw 1); “ community landlord ” (“ landlord cymunedol ”) has the meaning given by section 9 of the 2016 Act; “ service charge ” (“ tâl gwasanaeth ”) does not include a charge for a service where the payment for the charge would be permitted by virtue of another paragraph of this Schedule, and in relation to sub-paragraph (3) only, includes charges for the provision of support services; “ support services ” (“ gwasnaethau cymorth ”) has the meaning given by section 143 of the 2016 Act (see, in particular, subsection (4) of that section). Payment for further copy of written statement 10B A payment of a reasonable fee for a further written statement of a standard occupation contract is a permitted payment. Changing the meaning of “permitted variation” in paragraph 1 11 If regulations made under section 7 amend this Schedule so as to change the meaning of “ permitted variation ” for the purposes of paragraph 1, they may also make consequential amendments to Chapter 3 of Part 6 and Chapter 3 of Part 7 of the Renting Homes (Wales) Act 2016 (anaw 1) (variation of standard occupation contracts). SCHEDULE 2 Treatment of Holding Deposit (as introduced by section 9) Application 1 1 This Schedule applies where a holding deposit is paid in respect of a standard occupation contract. 2 References in this Schedule to a contract-holder, in relation to a holding deposit, are to the person whose right of first refusal has been reserved by the holding deposit. Meaning of “deadline for agreement” 2 1 In this Schedule, the “ deadline for agreement ” means the fifteenth day of the period beginning with the day on which the holding deposit is paid. 2 But the parties may agree in writing that a different day is to be the deadline for agreement. 3 Regulations may amend sub-paragraph (1) to change the deadline for agreement. Requirement to repay holding deposit 3 Subject as follows, the person who received the holding deposit must repay it if— a the parties enter into the contract before the deadline for agreement, or b the parties fail to enter into the contract before the deadline for agreement. 4 The deposit must be repaid within the period of 7 days beginning with— a where paragraph 3(a) applies, the day on which the contract is made, or b where paragraph 3(b) applies, the deadline for agreement. Exceptions 5 Paragraph 3(a) does not apply to the extent that the amount of the deposit is applied— a towards the first payment of rent under the contract, or b towards the payment of a security deposit under the contract. 6 If all or part of the holding deposit is applied in accordance with paragraph 5(b), the amount applied is treated for the purposes of section 45 of the Renting Homes (Wales) Act 2016 (anaw 1) (requirement to use deposit schemes) as having been paid on the date the contract is made. 7 Paragraph 3(b) does not apply if the contract-holder provides false or misleading information to the landlord or letting agent and— a the landlord is reasonably entitled to take into account the difference between the information provided by the contract-holder and the correct information in deciding whether to grant a contract to the contract-holder, or b the landlord is reasonably entitled to take the contract-holder's action in providing false or misleading information into account in deciding whether to grant such a contract. 8 Paragraph 3(b) does not apply if the contract-holder notifies the landlord or letting agent before the deadline for agreement that the contract-holder has decided not to enter into a contract. 9 Paragraph 3(b) does not apply in relation to a holding deposit paid to a landlord if— a the landlord takes all reasonable steps to enter into a contract before the deadline for agreement, but b the contract-holder fails to take all reasonable steps to enter into a contract before that date. 10 Paragraph 3(b) does not apply in relation to a holding deposit paid to a letting agent if— a the agent takes all reasonable steps to assist the landlord to enter into a contract before the deadline for agreement, and b the landlord takes all reasonable steps to enter into a contract before that date, but c the contract-holder fails to take all reasonable steps to enter into a contract before that date. Supplemental provision about exceptions in paragraphs 8 to 10 11 1 The exceptions specified in paragraphs 8, 9 and 10 may not be relied upon unless the condition in sub-paragraph (2) is met. 2 The condition is that, before payment of the holding deposit, information within sub-paragraph (3) has been provided to the contract-holder by either the landlord or (if one has been instructed by the landlord in relation to the contract) the letting agent. 3 Information within this sub-paragraph is information specified in, or of a description specified in, regulations. 4 Information is not to be treated as having been provided to the contract-holder, for the purposes of sub-paragraph (1), unless it has been provided in whatever way (if any) is specified in the regulations. 5 In a case where a landlord has instructed a letting agent in relation to a contract, the exception in paragraph 9 may, in addition, not be relied upon unless the agent takes all reasonable steps to assist the landlord to enter into a contract before the deadline for agreement. SCHEDULE 3 AMENDMENTS TO THE RENTING HOMES (WALES) ACT 2016 (as introduced by section 20) 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Restriction on giving notice for possession: periodic standard contracts 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Restrictions on giving notice in connection with end of fixed term standard contracts 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Restriction on using landlord's break clause in fixed term standard contracts 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Restrictions on a court hearing landlord's claim for possession 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Miscellaneous consequential provision 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pt. 1 applied (with modifications) (1.9.2019) by The Renting Homes (Fees etc.) (Wales) Act 2019 (Transitional Provision for Assured Shorthold Tenancies) Regulations 2019 (S.I. 2019/1151) , regs. 1(2) , 3 Part 2 applied (with modifications) (1.9.2019) by the Renting of Homes (Fees etc.) (Wales) Act 2019 (Transitional Provision for Assured Shorthold Tenancies) Regulations 2019 (S.I. 2019/1151) , reg. 1(2) , 3 Pt. 3 applied (with modifications) (1.9.2019) by The Renting Homes (Fees etc.) (Wales) Act 2019 (Transitional Provision for Assured Shorthold Tenancies) Regulations 2019 (S.I. 2019/1151) , regs. 1(2) , 3 Pt. 4 applied (with modifications) (1.9.2019) by The Renting Homes (Fees etc.) (Wales) Act 2019 (Transitional Provision for Assured Shorthold Tenancies) Regulations 2019 (S.I. 2019/1151) , regs. 1(2) , 3 Pt. 5 applied (with modifications) (1.9.2019) by The Renting Homes (Fees etc.) (Wales) Act 2019 (Transitional Provision for Assured Shorthold Tenancies) Regulations 2019 (S.I. 2019/1151) , regs. 1(2) , 3 Pt. 7 applied (with modifications) (1.9.2019) by The Renting Homes (Fees etc.) (Wales) Act 2019 (Transitional Provision for Assured Shorthold Tenancies) Regulations 2019 (S.I. 2019/1151) , regs. 1(2) , 3 S. 21 in force at 1.9.2019 by S.I. 2019/1150 , art. 2(b) S. 29 in force at 1.9.2019 by S.I. 2019/1150 , art. 2(b) S. 23 in force at 1.9.2019 by S.I. 2019/1150 , art. 2(b) Sch. 1 para. 11 in force at 1.9.2019 by S.I. 2019/1150 , art. 2(c) Sch. 2 para. 6 in force at 1.9.2019 by S.I. 2019/1150 , art. 2(d) S. 1 in force at 1.9.2019 by S.I. 2019/1150 , art. 2(a) S. 2 in force at 1.9.2019 by S.I. 2019/1150 , art. 2(a) S. 3 in force at 1.9.2019 by S.I. 2019/1150 , art. 2(a) S. 4 in force at 1.9.2019 by S.I. 2019/1150 , art. 2(a) S. 5 in force at 1.9.2019 by S.I. 2019/1150 , art. 2(a) S. 6 in force at 1.9.2019 by S.I. 2019/1150 , art. 2(a) S. 7 in force at 1.9.2019 by S.I. 2019/1150 , art. 2(a) S. 8 in force at 1.9.2019 by S.I. 2019/1150 , art. 2(a) S. 9 in force at 1.9.2019 by S.I. 2019/1150 , art. 2(a) S. 10 in force at 1.9.2019 by S.I. 2019/1150 , art. 2(a) S. 11 in force at 1.9.2019 by S.I. 2019/1150 , art. 2(a) S. 12 in force at 1.9.2019 by S.I. 2019/1150 , art. 2(a) S. 13 in force at 1.9.2019 by S.I. 2019/1150 , art. 2(a) S. 14 in force at 1.9.2019 by S.I. 2019/1150 , art. 2(a) S. 15 in force at 1.9.2019 by S.I. 2019/1150 , art. 2(a) S. 16 in force at 1.9.2019 by S.I. 2019/1150 , art. 2(a) S. 17 in force at 1.9.2019 by S.I. 2019/1150 , art. 2(a) S. 18 in force at 1.9.2019 by S.I. 2019/1150 , art. 2(a) S. 19 in force at 1.9.2019 by S.I. 2019/1150 , art. 2(a) S. 22 in force at 1.9.2019 by S.I. 2019/1150 , art. 2(b) S. 24 in force at 1.9.2019 by S.I. 2019/1150 , art. 2(b) S. 25 in force at 1.9.2019 by S.I. 2019/1150 , art. 2(b) S. 26 in force at 1.9.2019 by S.I. 2019/1150 , art. 2(b) S. 27 in force at 1.9.2019 by S.I. 2019/1150 , art. 2(b) S. 28 in force at 1.9.2019 by S.I. 2019/1150 , art. 2(b) Sch. 1 para. 1 in force at 1.9.2019 by S.I. 2019/1150 , art. 2(c) Sch. 1 para. 2 in force at 1.9.2019 by S.I. 2019/1150 , art. 2(c) Sch. 1 para. 3 in force at 1.9.2019 by S.I. 2019/1150 , art. 2(c) Sch. 1 para. 4 in force at 1.9.2019 by S.I. 2019/1150 , art. 2(c) Sch. 1 para. 5 in force at 1.9.2019 by S.I. 2019/1150 , art. 2(c) Sch. 1 para. 6 in force at 1.9.2019 by S.I. 2019/1150 , art. 2(c) Sch. 1 para. 7 in force at 1.9.2019 by S.I. 2019/1150 , art. 2(c) Sch. 1 para. 8 in force at 1.9.2019 by S.I. 2019/1150 , art. 2(c) Sch. 1 para. 9 in force at 1.9.2019 by S.I. 2019/1150 , art. 2(c) Sch. 1 para. 10 in force at 1.9.2019 by S.I. 2019/1150 , art. 2(c) Sch. 2 para. 1 in force at 1.9.2019 by S.I. 2019/1150 , art. 2(d) Sch. 2 para. 2 in force at 1.9.2019 by S.I. 2019/1150 , art. 2(d) Sch. 2 para. 3 in force at 1.9.2019 by S.I. 2019/1150 , art. 2(d) Sch. 2 para. 4 in force at 1.9.2019 by S.I. 2019/1150 , art. 2(d) Sch. 2 para. 5 in force at 1.9.2019 by S.I. 2019/1150 , art. 2(d) Sch. 2 para. 7 in force at 1.9.2019 by S.I. 2019/1150 , art. 2(d) Sch. 2 para. 8 in force at 1.9.2019 by S.I. 2019/1150 , art. 2(d) Sch. 2 para. 9 in force at 1.9.2019 by S.I. 2019/1150 , art. 2(d) Sch. 2 para. 10 in force at 1.9.2019 by S.I. 2019/1150 , art. 2(d) Sch. 2 para. 11 in force at 1.9.2019 by S.I. 2019/1150 , art. 2(d) Sch. 1 para. 10A inserted (with effect in accordance with s.15(4) of the amending Act) by Renting Homes (Amendment) (Wales) Act 2021 (asc 3) , ss. 15(1) , 19(1) (with s. 15(5)-(7) ) S. 4(2)(i) inserted (with effect in accordance with s.15(4) of the amending Act) by the Renting of Homes (Amendment) (Wales) Act 2021 (asc 3) , s. 15(2) , 19(1) (together with s. 15(5)-(7)) Sch. 1 para. 10B and cross-heading inserted (7.6.2021) by Renting Homes (Amendment) (Wales) Act 2021 (asc 3) , ss. 16(2) , 19(3) Sch. 3 omitted (7.6.2021) by virtue of Renting Homes (Amendment) (Wales) Act 2021 (asc 3) , ss. 6(5)(b) , 19(3) S. 4(2)(j) inserted (7.6.2021) by Renting Homes (Amendment) (Wales) Act 2021 (asc 3) , ss. 16(3) , 19(3) S. 20 substituted (7.6.2021) by Renting Homes (Amendment) (Wales) Act 2021 (asc 3) , ss. 6(5)(a) , 19(3) S. 6(b) omitted (1.12.2022) by virtue of Renting Homes (Amendment) (Wales) Act 2021 (asc 3) , s. 19(2) , Sch. 6 para. 28(2) ; S.I. 2022/904 , art. 2 S. 25 omitted (1.12.2022) by virtue of Renting Homes (Amendment) (Wales) Act 2021 (asc 3) , s. 19(2) , Sch. 6 para. 28(3) ; S.I. 2022/904 , art. 2
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[uk-legislation-anaw][anaw] 2024-05-04
http://www.legislation.gov.uk/anaw/2019/1/2022-03-25
http://www.legislation.gov.uk/anaw/2019/1/2022-03-25 Childcare Funding (Wales) Act 2019 An Act of the National Assembly for Wales to make provision for the funding by the Welsh Ministers of childcare for children of working parents; and for connected purposes. text text/xml en Statute Law Database 2022-06-14 Expert Participation 2022-03-25 Childcare Funding (Wales) Act 2019 2019 anaw 1 An Act of the National Assembly for Wales to make provision for the funding by the Welsh Ministers of childcare for children of working parents; and for connected purposes. [30 January 2019] Having been passed by the National Assembly for Wales and having received the assent of Her Majesty, it is enacted as follows: Provision of funding for childcare Funding of childcare for children of working parents 1 1 The Welsh Ministers must provide funding in respect of childcare for qualifying children of working parents. 2 Regulations must specify the amount of childcare to be secured by virtue of funding provided under subsection (1). 3 A qualifying child of working parents is a child under compulsory school age— a who is in Wales; b who is of an age (or within an age range) specified in regulations; c who meets any other conditions specified in regulations; d in respect of whom a declaration has been made, in accordance with regulations, to the effect that the requirements of paragraphs (a), (b) and (c) are or continue to be satisfied. 4 Conditions specified under subsection (3)(c) in respect of a child may (among other things) relate to primary education (within the meaning of section 2(1)(a) of the Education Act 1996) received by, or made available to, the child. 5 Conditions specified under subsection (3)(c) in respect of a child may also relate to a parent of the child, or a partner of a parent of the child, including (among other things) to paid work carried out by a parent or a partner. 6 Provision made under subsection (3)(d) in respect of a declaration may (among other things) include provision about when a declaration is to be made, the duration of a declaration, and conditions that are to be met by a person making a declaration. 7 Regulations may make provision, for the purposes of this section, about— a circumstances in which a child is, or is not, to be regarded as being in Wales; b circumstances in which a person is, or is not, to be regarded as another person's partner; c circumstances in which a person is, or is not, to be treated as carrying out paid work. 8 For the purposes of this section, “ parent ”, in relation to a child, includes— a any individual who has parental responsibility (within the meaning of the Children Act 1989 (c. 41)) for the child; b any individual who has care of the child. 9 References in this section to regulations are to regulations made by the Welsh Ministers. Power to make regulations in respect of childcare funding Power to make provision about administration etc. of funding 2 1 The Welsh Ministers may by regulations make provision about the administration and operation of any arrangements made by the Welsh Ministers for the purposes of section 1. 2 The provision which may be made by the regulations includes (among other things) provision within sections 3 to 7. 3 References in those sections to “the regulations” are references to regulations under this section. Provision for disclosure of information Requirement for parents etc. to provide information 3 1 The regulations may make provision requiring a person to provide documents or information specified in the regulations, or of a description specified in the regulations, to the Welsh Ministers or to a person providing services to the Welsh Ministers. 2 But a requirement may not be imposed on a person by virtue of this section unless the person has made, or is making, a declaration under section 1(3)(d). 3 The regulations may make provision for a penalty to be imposed on a person who provides false or misleading information in connection with a requirement imposed by virtue of this section. 4 In subsection (3) “ false or misleading ” means false or misleading in a material particular. 5 But a person is not liable to a penalty by virtue of this section in respect of anything if the person has been convicted of an offence in relation to it. 6 The maximum amount of any penalty that may be specified in or determined in accordance with the regulations by virtue of subsection (3) is £3,000. Provision of information by third parties 4 1 The regulations may permit the Commissioners for Her Majesty's Revenue and Customs, or a person providing services to the Commissioners, to provide qualifying information to the Welsh Ministers or to a person providing services to the Welsh Ministers. 2 The regulations may also permit a government department or a Minister of the Crown, or a person providing services to a government department or a Minister of the Crown, to provide qualifying information to the Welsh Ministers or to a person providing services to the Welsh Ministers. 3 The regulations may permit or require a local authority, or a person providing services to a local authority, to provide qualifying information to the Welsh Ministers, or to a person providing services to the Welsh Ministers. 4 “ Qualifying information ” means information that is specified in the regulations or that is of a description specified in the regulations; but information or a description of information may be so specified only if the Welsh Ministers consider it appropriate to do so for the purposes of determinations as to eligibility for funding under section 1. 5 Provision for the disclosure of information held by— a the Commissioners for Her Majesty's Revenue and Customs; b a Minister of the Crown; c a government department; d a person providing services to a person mentioned in paragraph (a), (b) or (c), may be made in the regulations only if the appropriate Minister has consented to the provision. 6 The appropriate Minister is— a in relation to the Commissioners for Her Majesty's Revenue and Customs, the Treasury; b in relation to a Minister of the Crown or a government department, the Secretary of State. Onward disclosure of information disclosed by virtue of section 3 or 4 5 1 The regulations may make provision for the onward disclosure of information that has been disclosed by virtue of section 3 or 4. 2 But subsection (3) applies in the case of information disclosed in accordance with provision to which the appropriate Minister has consented under section 4(5). 3 The regulations may make provision for the onward disclosure of the information only if the appropriate Minister (within the meaning of section 4) has consented to the provision for onward disclosure. 4 The regulations may include provision creating criminal offences in connection with the onward disclosure of information that relates to a particular person. 5 If the regulations create a criminal offence relating to the onward disclosure of information, provision made for any penalty of imprisonment on conviction on indictment may not specify a term of imprisonment exceeding two years (whether or not accompanied by a fine). Provision for reviews and appeals Reviews of determinations and appeals to the First-tier Tribunal 6 1 The regulations may make provision for reviews of, or appeals to the First-tier Tribunal against, determinations as to eligibility for funding under section 1. 2 Where provision is made by virtue of section 3 for the imposition of financial penalties, the regulations must include provision enabling a person on whom a financial penalty is imposed— a to require a review of the imposition of the penalty or its amount; b to appeal to the First-tier Tribunal against the imposition of the penalty or its amount. Provision for functions to be exercised by local authorities Power to confer functions on local authorities 7 1 The regulations may confer powers or impose obligations upon a local authority in connection with funding under section 1. 2 The regulations may require a local authority, when exercising a power or complying with an obligation, to have regard to any guidance issued by the Welsh Ministers under the regulations. Duty to report on effect of Act Duty to prepare and publish report on the effect of this Act 8 1 As soon as practicable after the end of the five year period, the Welsh Ministers must prepare and publish a report on the effect of this Act, and on the operation of any arrangements made for the purposes of section 1. 2 The five year period, for the purposes of this section, is the period of five years beginning with the day on which section 1 comes into force. General Consequential amendment to the Commissioners for Revenue and Customs Act 2005 9 In section 18 of the Commissioners for Revenue and Customs Act 2005 (c. 11) (duty of confidentiality), in subsection (2), after paragraph (i) insert— ia which is made to the Welsh Ministers, or to a person providing services to the Welsh Ministers, by virtue of regulations made under the Childcare Funding (Wales) Act 2019, . Meaning of “local authority” 10 In this Act, “ local authority ” means a council for a county or county borough in Wales. Power to change amount of financial penalty for provision of false or misleading information 11 Regulations made by the Welsh Ministers under this section may substitute a different amount for the amount for the time being specified in section 3(6). Supplementary provision about regulations under this Act 12 1 Any power to make regulations under this Act is exercisable by statutory instrument, and includes power to— a confer a discretion on any person, b make different provision for different purposes or areas, and c make consequential, incidental, supplementary, transitory, transitional or saving provision. 2 A statutory instrument containing regulations under this Act may not be made unless a draft of the instrument has been laid before, and approved by resolution of, the National Assembly for Wales. Coming into force 13 1 This section and section 14 come into force on the day after the day on which this Act receives Royal Assent. 2 The other provisions of this Act come into force on a day appointed by the Welsh Ministers in an order made by statutory instrument. 3 An order under subsection (2) may— a appoint different days for different purposes or areas; b make transitory, transitional or saving provision in connection with the coming into force of a provision of this Act. Short title 14 The short title of this Act is the Childcare Funding (Wales) Act 2019.
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[uk-legislation-anaw][anaw] 2024-05-04
http://www.legislation.gov.uk/anaw/2018/5/2020-03-02
http://www.legislation.gov.uk/anaw/2018/5/2020-03-02 Public Health (Minimum Price for Alcohol) (Wales) Act 2018 An Act of the National Assembly for Wales to make provision about the minimum price for which alcohol is to be supplied in Wales by certain persons; and for connected purposes. text text/xml en Statute Law Database 2022-06-23 Expert Participation 2020-03-02 Public Health (Minimum Price for Alcohol) (Wales) Act 2018 2018 anaw 5 An Act of the National Assembly for Wales to make provision about the minimum price for which alcohol is to be supplied in Wales by certain persons; and for connected purposes. [9 August 2018] Having been passed by the National Assembly for Wales and having received the assent of Her Majesty, it is enacted as follows: Minimum price for alcohol Minimum price for alcohol 1 1 The applicable minimum price for alcohol is to be calculated, for the purposes of section 2 of this Act, by applying the formula M × S × V, where— a M is whatever price is specified in regulations as being the minimum unit price for the purposes of this Act, expressed in pounds sterling, b S is the percentage strength of the alcohol, expressed as a cardinal number, c V is the volume of the alcohol, expressed in litres. 2 Where but for this subsection the applicable minimum price for alcohol would not be a whole number of pennies, it is to be rounded to the nearest whole penny (taking half a penny as being nearest to the next whole penny above). 3 For example— a in the case of a bottle of wine, S (percentage strength of the wine) is 12.5%, and V (volume of the wine) is 75 centilitres; b taking M (specified minimum unit price) to be £0.50, the applicable minimum price for the wine would be calculated as £0.50 × 12.5 × 0.75 = £4.69. Offences Offences 2 1 It is an offence for a person who is an alcohol retailer— a to supply alcohol from qualifying premises in Wales, or b to authorise the supply of alcohol from qualifying premises in Wales, at a selling price below the applicable minimum price for the alcohol. 2 It is a defence for a person charged with an offence under this section to show that the person took reasonable steps and exercised due diligence to avoid committing it. 3 If a person charged with an offence under this section relies on the defence in subsection (2), and evidence is adduced that is sufficient to raise an issue with respect to that defence, the court must assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not. 4 It is immaterial for the purposes of subsection (1)(b) whether the authorisation takes place in Wales or elsewhere. 5 For the purposes of this section and section 6, “ selling price ”, in relation to alcohol, means its price including VAT and all other taxes. 6 In Schedule 4 (personal licence: relevant offences) to the 2003 Act, after paragraph 2 insert — 2A An offence under the Public Health (Minimum Price for Alcohol) (Wales) Act 2018. Interpretation of core terms Meaning of “supply of alcohol” and “qualifying premises” 3 1 In this Act, the supply of alcohol means— a the sale by retail of alcohol to a person in Wales, or b the supply of alcohol by or on behalf of a club to a member of the club who is in Wales, or to a person in Wales to the order of a member of the club, and related expressions are to be construed accordingly. 2 Premises are qualifying premises for the purposes of this Act if— a a premises licence granted under Part 3 of the 2003 Act authorises the premises to be used for the supply of alcohol, b a club premises certificate granted under Part 4 of the 2003 Act certifies that the premises may be used for the supply of alcohol, or c the supply of alcohol on or from the premises is a permitted temporary activity for the purposes of Part 5 of the 2003 Act. Meaning of “alcohol retailer” 4 1 In relation to the supply of alcohol from premises that are qualifying premises by virtue of section 3(2)(a), each of the following is to be treated as an alcohol retailer for the purposes of this Act— a an individual to whom a personal licence has been granted under Part 6 of the 2003 Act that authorises the individual to supply alcohol, or to authorise the supply of alcohol, in accordance with the premises licence concerned; b the individual who is the designated premises supervisor for the purposes of the 2003 Act. 2 In relation to the supply of alcohol from premises that are qualifying premises by virtue of section 3(2)(b), the person who is the holder of the club premises certificate concerned is to be treated as an alcohol retailer for the purposes of this Act. 3 In relation to the supply of alcohol from premises that are qualifying premises by virtue of section 3(2)(c), the individual who is the premises user for the purposes of Part 5 of the 2003 Act is to be treated as an alcohol retailer for the purposes of this Act. Special offers Special offers: multi-buys of alcohol 5 1 Where alcohol is supplied in a multi-buy alcohol transaction, the applicable minimum price is to be calculated by reference to all of the alcohol included in the transaction. 2 Alcohol is supplied in a multi-buy alcohol transaction if— a it is supplied free of charge by reference to the supply of other alcohol, or b other alcohol is supplied free of charge by reference to it, and, in either case, both the free alcohol and the alcohol by reference to which the free alcohol is supplied are to be treated as being included in the same transaction. 3 Alcohol is also supplied in a multi-buy alcohol transaction if— a it is supplied at a price fixed by reference to the supply of other alcohol, or b other alcohol is supplied at a price fixed by reference to it, and, in either case, both the fixed price alcohol and the alcohol by reference to which the fixed price alcohol is supplied are to be treated as being included in the same transaction. 4 Alcohol is also supplied in a multi-buy alcohol transaction if it is supplied, together with other alcohol, for a fixed price, in which case all of the alcohol supplied for that price is to be treated as being included in the same transaction. 5 But alcohol is not to be treated as being supplied in a multi-buy alcohol transaction if anything except alcohol is supplied in the transaction. 6 For example— a in a special offer, 4 cans of lager and 4 cans of cider are supplied together for a fixed price: S (percentage strength) is 4% in relation to the lager, and 6% in relation to the cider, while V (volume) is 440 ml in each case; b taking M (specified minimum unit price) to be £0.50, the applicable minimum price for the transaction is £8.80, that sum being the aggregate of the following calculations— £0.50 × 4 × 1.76 = £3.52 (the minimum price of the lager), and £0.50 × 6 × 1.76 = £5.28 (the minimum price of the cider). Special offers: supply of alcohol with goods and services 6 1 Where alcohol is supplied together with goods other than alcohol, or with services, for a single price, subsection (2) applies. 2 The alcohol is to be treated as being supplied at that single price for the purpose of determining whether the selling price of the alcohol is below the applicable minimum price. 3 For example— a in a special offer, the cans of lager and cider mentioned in the example given in section 5(6) are supplied with a pizza for a single price; b taking M (specified minimum unit price) to be £0.50, the selling price of the alcohol is to be treated for the purposes of this Act as being the total price of the cans and the pizza, and that price must not be lower than £8.80, being the applicable minimum price for the lager and cider. 4 Where alcohol is supplied for a price fixed by reference to the supply of goods other than alcohol, or of services (a “special price”), subsection (5) applies for the purpose of determining whether the selling price of the alcohol is below the applicable minimum price. 5 The alcohol is to be treated as being supplied at a price equal to the aggregate of the special price and the price (if any) for which the other goods and services are supplied. 6 For example— a in a special offer, the cans of lager and cider mentioned in the example given in section 5(6) are supplied for a special price if a pizza is purchased for £5.00; b taking M (specified minimum unit price) to be £0.50, the selling price of the alcohol is to be treated for the purposes of this Act as being the aggregate of the price of the pizza and the special price, and that special price must not be lower than £3.80, being the applicable minimum price for the cans of lager and cider (which is £8.80) less the price for the pizza (which is £5.00). Special offers: supplementary 7 1 Subsection (2) applies where some of the alcohol supplied in a multi-buy alcohol transaction, or for a single price or special price, is of a different strength from other alcohol supplied in the transaction or for that price. 2 The applicable minimum price for the alcohol supplied in the transaction or for that price is to be calculated by adding the applicable minimum price for each strength of alcohol supplied in the transaction or for the price. 3 References in section 6 to alcohol being supplied together with other goods and services include references to transactions where alcohol is provided together with other goods and services, and— a the other goods or services are supplied at a price, but b the alcohol is described as being supplied free of charge. Penalties Penalties 8 A person guilty of an offence under section 2 is liable on summary conviction to a fine not exceeding level 3 on the standard scale. Fixed penalties 9 1 Where an authorised officer of a local authority has reason to believe that a person has committed an offence under section 2 in the local authority's area, the officer may give that person a fixed penalty notice in respect of that offence. 2 A fixed penalty notice is a notice offering a person the opportunity to discharge any liability to conviction for the offence by paying a fixed penalty. 3 In the case of an offence that an authorised officer has reason to believe has been committed by a partnership, the reference in subsection (1) to the person to whom a fixed penalty notice may be given is to be treated as a reference to the partnership. 4 In the case of an offence that an authorised officer has reason to believe has been committed by an unincorporated association other than a partnership, the reference in subsection (1) to the person to whom a fixed penalty notice may be given is to be treated as a reference to the association. 5 For further provision about fixed penalties, see Schedule 1. 6 For the meaning of “authorised officer”, see section 11. Enforcement Enforcement action by local authorities 10 1 A local authority may— a bring prosecutions in respect of offences in its area under this Act; b investigate complaints in respect of alleged offences in its area under this Act; c take any other steps with a view to reducing the incidence in its area of offences under this Act. 2 A local authority must— a consider, at least once in every period of twelve months, the extent to which it is appropriate for the authority to carry out in its area a programme of enforcement action in relation to this Act, and b to the extent that it considers it appropriate to do so, carry out such a programme. 3 In complying with subsection (2), an authority must in particular have regard to the following objectives— a improving public health; b protecting children from harm. 4 For the purposes of subsection (2), a programme of enforcement action in relation to this Act is a programme involving the taking of all or any of the steps referred to in subsection (1). Authorised officers 11 References in this Act to an authorised officer of a local authority are to any person authorised by the authority for the purposes of this Act. Power to make test purchases 12 An authorised officer of a local authority may make such purchases and arrangements, and secure the provision of such services, as the officer considers necessary for the purpose of the exercise of the local authority's functions under or by virtue of this Act. Powers of entry 13 1 An authorised officer of a local authority may enter premises in Wales at any reasonable time if the officer— a has reasonable grounds for believing that an offence under section 2 has been committed in the area of the local authority, and b considers it necessary to enter the premises for the purpose of ascertaining whether such an offence has been committed. 2 But this does not apply in relation to premises used wholly or mainly as a dwelling. 3 An authorised officer may not enter premises by force under this section. 4 An authorised officer must, if asked to do so, before entering premises under this section show evidence of the authorisation referred to in section 11. Warrant to enter a dwelling 14 1 A justice of the peace may exercise the power in subsection (2) in relation to premises in Wales used wholly or mainly as a dwelling if satisfied on sworn information in writing— a that there are reasonable grounds for believing that an offence under section 2 has been committed in the area of a local authority, and b that it is necessary to enter the premises for the purpose of ascertaining whether such an offence has been committed. 2 The justice may issue a warrant authorising an authorised officer of the local authority to enter the premises, if need be by force. 3 The warrant continues in force until the end of the period of 28 days beginning with the date it was issued. Warrant to enter other premises 15 1 A justice of the peace may exercise the power in subsection (2) in relation to premises in Wales other than premises used wholly or mainly as a dwelling if satisfied on sworn information in writing— a that there are reasonable grounds for believing that an offence under section 2 has been committed in the area of a local authority, b that it is necessary to enter the premises for the purpose of ascertaining whether such an offence has been committed, and c that a requirement set out in subsection (3) or (4) is met. 2 The justice may issue a warrant authorising an authorised officer to enter the premises, if need be by force. 3 The requirement is that— a a request to enter the premises has been, or is likely to be, refused, and b notice of intention to apply for a warrant under this section has been given to the occupier or a person who reasonably appears to the local authority to be concerned in the management of the premises. 4 The requirement is that requesting to enter the premises, or the giving of notice of intention to apply for a warrant under this section, is likely to defeat the purpose of the entry. 5 The warrant continues in force until the end of the period of 28 days beginning with the date on which it was issued. Supplementary provision about powers of entry 16 1 An authorised officer of a local authority entering premises under section 13, or by virtue of a warrant issued under section 14 or 15, may take such other persons and such equipment as the officer considers appropriate. 2 If the occupier of premises an authorised officer is authorised to enter by a warrant under section 14 or 15 is present at the time the authorised officer seeks to execute the warrant, the officer must— a inform the occupier of the officer's name; b produce documentary evidence to the occupier of the officer's authorisation; c supply a copy of the warrant to the occupier. 3 If premises that an authorised officer is authorised to enter by a warrant under section 14 or 15 are unoccupied, or if the occupier is temporarily absent, then on leaving the premises the officer must leave them as effectively secured against unauthorised entry as when the officer found them. Powers of inspection, etc. 17 1 An authorised officer of a local authority entering premises under section 13, or by virtue of a warrant issued under section 14 or 15, may do any of the following if the officer considers it necessary for the purpose of ascertaining whether an offence under section 2 has been committed— a carry out inspections and examinations on the premises; b require the production of anything on the premises, inspect it, and take and retain samples of or extracts from it; c take possession of anything on the premises, and retain it for as long as the officer considers necessary for that purpose; d require any person to give information, or afford facilities and assistance with respect to matters within the person's control. 2 If the authorised officer considers it necessary for the purpose of ascertaining whether an offence under section 2 has been committed, the officer may arrange for anything produced under subsection (1)(b), or of which the officer has taken possession under subsection (1)(c), to be analysed. 3 If by virtue of subsection (1)(c) an authorised officer takes possession of anything, the officer must leave on the premises from which it was taken a statement— a giving particulars of what has been taken and stating that the officer has taken possession of it, and b identifying the person to whom a request for the return of the property may be made. 4 The powers conferred by this section include the power— a to copy documents found on the premises; b to impose requirements as to how documents are provided (which may include requirements to provide legible copies of documents found on the premises that are stored electronically). 5 For this purpose, “ documents ” includes information recorded in any form; and references to documents found on the premises include— a documents stored on computers or other electronic devices on the premises, and b documents stored elsewhere that can be accessed by computers or other electronic devices on the premises. 6 A person is not required by this section to answer any question or produce any document which the person would be entitled to refuse to answer or produce in or for the purposes of proceedings in a court in England and Wales. Obstruction etc. of officers 18 1 A person who intentionally obstructs an authorised officer of a local authority exercising functions under sections 13 to 17 commits an offence. 2 Any person who without reasonable cause fails— a to provide an authorised officer with facilities that the authorised officer reasonably requires for the purpose of a requirement under section 17(1), or b to comply with a requirement under section 17(1)(b) or (d), commits an offence. 3 A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale. 4 This section is subject to section 17(6). Retained property: appeals 19 1 A person (“P”) with an interest in anything taken away under section 17(1)(c) (“retained property”) may apply by way of complaint to any magistrates' court for an order requiring the retained property to be released, either to P or to another person. 2 If, on an application under this section, the court is satisfied that the continued retention of the retained property is not necessary for the purpose of ascertaining whether an offence under section 2 has been committed, it may make an order requiring the release of the retained property. 3 An order under this section may contain whatever provision the court thinks appropriate for delaying its coming into force pending the making and determination of an appeal (including an application under section 111 of the Magistrates' Courts Act 1980 (c. 43)). 4 If the court adjourns the hearing of an application under this section, it may make an order in respect of the retained property that lasts until the final hearing of the application or until any further order is made, if it considers it appropriate to do so. 5 Nothing in this section affects any other power of the court to make an order in respect of the retained property, including any power to make an order under section 1 of the Police (Property) Act 1897 (c. 30) (power to make order with respect to property in possession of police). Appropriated property: compensation 20 1 A person (“P”) with an interest in anything of which an authorised officer of a local authority has taken possession under section 17(1)(c) (“appropriated property”) may apply by way of complaint to any magistrates' court for compensation. 2 Subsection (3) applies if, on an application under this section, the court is satisfied that— a P has suffered loss or damage in consequence of the authorised officer's taking possession of the appropriated property, or retaining it, in circumstances where doing so was not necessary for the purpose of ascertaining whether an offence under section 2 had been committed, and b the loss or damage is not attributable to the neglect or default of P. 3 The court may order the local authority to pay compensation to P. Report and sunset provision Report on operation and effect of this Act 21 1 The Welsh Ministers must, as soon as practicable after the end of the 5 year period, lay before the National Assembly for Wales a report on the operation and effect of this Act during that period. 2 In preparing the report the Welsh Ministers must consult the National Assembly for Wales and such other persons as they consider appropriate. 3 The Welsh Ministers must publish the report as soon as practicable after it has been laid before the Assembly. 4 In subsection (1), “ the 5 year period ” has the meaning given in section 22(4). Duration of minimum pricing provisions 22 1 The minimum pricing provisions are repealed with effect from the expiry of the 6 year period, unless regulations providing otherwise are made under subsection (2). 2 Regulations may, after the end of the 5 year period but before the end of the 6 year period, provide that the minimum pricing provisions are not repealed, despite subsection (1). 3 Regulations may make such provision (including provision modifying any enactment) as may be necessary or expedient in consequence of the repeal, by virtue of subsection (1), of the minimum pricing provisions. 4 In this section— “ minimum pricing provisions ” (“ darpariaethau'r isafbris ”) means— this Act (other than subsection (3) and this subsection, and for the purposes of making regulations under subsection (3), sections 26(1), (2) and 27), and paragraph 2A of Schedule 4 to the 2003 Act; “ modifying ” (“ addasu ”), in relation to an enactment, includes amendment, repeal and revocation; “ the 5 year period ” (“ y cyfnod 5 mlynedd ”) means the period of 5 years beginning with the day on which section 2 comes into force; “ the 6 year period ” (“ y cyfnod 6 mlynedd ”) means the period of 6 years beginning with the day on which section 2 comes into force. Crown application Crown application 23 Section 195 of the 2003 Act (Crown application) applies in relation to provision made by or under this Act as if that section were included in this Act (and for this purpose, references to the 2003 Act in that section are to be treated as references to this Act). General Offences committed by partnerships and other unincorporated associations 24 1 Proceedings for an offence under this Act alleged to have been committed by a partnership are to be brought in the name of the partnership (and not in that of any of the partners). 2 Proceedings for an offence under this Act alleged to have been committed by an unincorporated association other than a partnership are to be brought in the name of the association (and not in that of any of its members). 3 Rules of court relating to the service of documents have effect as if the partnership or unincorporated association were a body corporate. 4 Section 33 of the Criminal Justice Act 1925 (c. 86) and Schedule 3 to the Magistrates' Courts Act 1980 (c. 43) apply in proceedings for an offence brought against a partnership or an unincorporated association other than a partnership as they apply in relation to a body corporate. 5 A fine imposed on a partnership on its conviction for an offence under this Act is to be paid out of the partnership assets. 6 A fine imposed on an unincorporated association other than a partnership on its conviction for an offence under this Act is to be paid out of the funds of the association. Liability of senior officers etc. 25 1 This section applies where an offence under this Act is committed by— a a body corporate; b a partnership; c an unincorporated association other than a partnership. 2 If the offence is proved to have been committed by, or with the consent or connivance of, or to be attributable to neglect on the part of— a a senior officer of the body corporate or partnership or unincorporated association, or b any person purporting to act in a capacity mentioned in paragraph (a), that senior officer or person (as well as the body corporate, partnership or association) is guilty of the offence and liable to be proceeded against and punished accordingly. 3 In this section, “ senior officer ” means— a in relation to a body corporate, a director, manager, secretary or other similar officer of the body corporate; b in relation to a partnership, a partner in the partnership; c in relation to an unincorporated association other than a partnership, any officer of the association or any member of its governing body. 4 In subsection (3), “ director ”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate. Regulations 26 1 A power to make regulations under this Act— a is exercisable by statutory instrument; b includes power to make different provision for different purposes; c includes power to make supplementary, incidental, consequential, transitional, transitory and saving provision. 2 A statutory instrument containing regulations made under the following provisions may not be made unless a draft of the instrument has been laid before, and approved by resolution of, the National Assembly for Wales— a section 1; b section 22; c paragraph 5(2) of Schedule 1; d paragraph 9 of Schedule 1. 3 Any other statutory instrument containing regulations made under this Act is subject to annulment in pursuance of a resolution of the National Assembly for Wales. Interpretation 27 1 In this Act, “ alcohol ” means spirits, wine, beer, cider or any other fermented, distilled or spirituous liquor, but does not include any of the following— a alcohol which is of a strength not exceeding 1.2% when supplied; b perfume; c flavouring essences recognised by Her Majesty's Commissioners for Revenue and Customs as not being intended for consumption as or with dutiable alcoholic liquor; d the aromatic flavouring essence commonly known as Angostura bitters; e alcohol which is, or is included in, a medicinal product or a veterinary medicinal product; f denatured alcohol; g methyl alcohol; h naphtha; i alcohol contained in liqueur confectionery. 2 For the purposes of subsection (1)— “ denatured alcohol ” (“ alcohol sydd wedi ei annatureiddio ”) has the same meaning as in section 5 of the Finance Act 1995 (c. 4); “ dutiable alcoholic liquor ” (“ diod alcoholaidd dolladwy ”) has the same meaning as in the Alcoholic Liquor Duties Act 1979 (c. 4); “ liqueur confectionery ” (“ melysion gwirod ”) means confectionery which— contains alcohol in a proportion not greater than 0.2 litres of alcohol (of a strength not exceeding 57%) per kilogram of the confectionery, and either consists of separate pieces weighing not more than 42g or is designed to be broken into such pieces for the purpose of consumption; “ medicinal product ” (“ cynnyrch meddyginiaethol ”) has the same meaning as in section 130 of the Medicines Act 1968 (c. 67); “ veterinary medicinal product ” (“ cynnyrch meddyginiaethol milfeddygol ”) has the same meaning as in regulation 2 of the Veterinary Medicines Regulations 2013 (SI. 2013/2033). 3 For the purposes of this Act— the “ 2003 Act ” (“ Deddf 2003 ”) means the Licensing Act 2003 (c. 17); “ club premises certificate ” (“ tystysgrif mangre clwb ”) has the same meaning as in the 2003 Act; “ enactment ” (“ deddfiad ”) means an enactment (whenever enacted or made) comprised in, or in an instrument made under— an Act of Parliament; a Measure or an Act of the National Assembly for Wales; “ local authority ” (“ awdurdod lleol ”) means the council of a county or county borough in Wales; “ partnership ” (“ partneriaeth ”) means— a partnership within the Partnership Act 1890 (c. 39), or a limited partnership registered under the Limited Partnerships Act 1907 (c. 24); “ premises ” (“ mangre ”) has the same meaning as in the 2003 Act; “ premises licence ” (“ trwydded mangre ”) has the same meaning as in the 2003 Act; “ qualifying premises ” (“ mangre gymhwysol ”) has the meaning given in section 3; “ regulations ” (“ rheoliadau ”) means regulations made by the Welsh Ministers; “ sale by retail ” (“ gwerthu drwy fanwerthu ”) has the same meaning as in the 2003 Act; the “ strength ” (“ cryfder ”) of alcohol means its alcoholic strength, which— in relation to alcohol contained in a bottle or other container that is marked or labelled in accordance with requirements imposed by or under any enactment or rule of law, is to be taken as being the alcoholic strength by volume as indicated by the mark or the label on the bottle or container; otherwise, is to be computed in accordance with section 2 of the Alcoholic Liquor Duties Act 1979 (c. 4). Coming into force 28 1 The following sections come into force on the day after the day on which this Act receives Royal Assent— a sections 26 and 27; b this section; c section 29; d section 30. 2 The other provisions of this Act come into force on such day as the Welsh Ministers may appoint by order made by statutory instrument. 3 An order under subsection (2) may— a appoint different days for different purposes; b make transitional, transitory or saving provision in connection with the coming into force of a provision of this Act. Promoting public awareness of minimum pricing for alcohol 29 1 The Welsh Ministers must take steps to promote public awareness of the prospective commencement of the requirements as to minimum pricing introduced by this Act. 2 The steps taken must include steps to promote public awareness of the health risks of excessive alcohol consumption, and of how the introduction of a minimum price for alcohol is intended to reduce consumption. Short title 30 The short title of this Act is the Public Health (Minimum Price for Alcohol) (Wales) Act 2018. SCHEDULE 1 FIXED PENALTIES (introduced by section 9) Contents of fixed penalty notice 1 A fixed penalty notice must— a state the alleged offence, and b give particulars of the circumstances alleged to constitute it. 2 A fixed penalty notice must also state— a the name and address of the local authority on whose behalf the notice is given; b the amount of the penalty and the period for its payment; c the discounted amount and the period for its payment; d the effect of paying the penalty or the discounted amount before the end of the period mentioned in paragraph (b) or (c); e the consequences of not paying the penalty or the discounted amount before the end of the period mentioned in paragraph (b) or (c); f the person to whom and the address at which payment may be made; g the method by which payment may be made; h the person to whom and the address at which any representations relating to the notice may be made. 3 A fixed penalty notice must also— a inform the person to whom it is given of that person's right to ask to be tried for the alleged offence, and b explain how that right may be exercised. 4 Regulations may make further provision as to the content and form of a fixed penalty notice. Amount of penalty and period for payment 5 1 The amount of the penalty is £200. 2 Regulations may amend the amount of the penalty. 6 The period for payment of the penalty is the period of 29 days beginning with the day on which the notice is given. Discounted amount and period for payment 7 1 The discounted amount is payable, instead of the amount of the penalty, if payment is made before the end of the period for payment of the discounted amount. 2 That period is the period of 15 days beginning with the day on which the notice is given, unless the 15th day is not a working day. 3 If the 15th day is not a working day, that period is the period beginning with the day on which the notice is given and ending with the expiry of the first working day following the 15th day. 4 In this paragraph, “ working day ” means any day which is not Saturday, Sunday, Christmas Day, Good Friday or a day which is a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971 (c. 80). 8 The discounted amount is £150. 9 Regulations may amend the discounted amount. Effect of notice and payment 10 1 Proceedings for the offence in respect of which a fixed penalty notice was given may not be brought before the end of the period for payment of the penalty. 2 Sub-paragraph (1) does not apply if the person to whom the notice was given has asked in accordance with paragraphs 15 and 16 to be tried for the alleged offence. 11 If the penalty is paid in accordance with the penalty notice before the end of the period mentioned in paragraph 10(1), no proceedings for the offence may be brought, and paragraph 15 does not apply. 12 If the discounted amount is paid in accordance with the penalty notice before the end of the period for payment of the discounted amount, no proceedings for the offence may be brought, and paragraph 15 does not apply. 13 If proceedings have been brought pursuant to a request under paragraph 15, but then the penalty or discounted amount is paid as mentioned in paragraph 11 or 12, those proceedings must not be continued. 14 In any proceedings, a certificate documenting payment of a penalty or discounted amount is evidence of the facts which it states if it— a purports to be signed by or on behalf of the person responsible for the financial affairs of the local authority on behalf of which the authorised officer who gave a penalty notice was acting, and b states that payment of the fixed penalty or discounted amount in pursuance of the notice was or was not received by a date specified in the certificate. Trial 15 If the person to whom a penalty notice has been given asks to be tried for the alleged offence, proceedings may be brought against the person. 16 Any request to be tried must be made— a by notice given to the local authority in question before the end of the period for payment of the penalty; b in the manner specified in the fixed penalty notice. Withdrawal of notices 17 1 This paragraph applies if a local authority considers that a fixed penalty notice which an authorised officer acting on its behalf has given to a person (“P”) ought not to have been given. 2 The local authority may give notice to P withdrawing the fixed penalty notice. 3 If it does so— a it must repay any amount which has been paid by way of penalty in pursuance of the fixed penalty notice, and b no proceedings may be brought or continued against P for the offence in question. Fixed penalty receipts 18 A local authority may use amounts received by it in pursuance of notices under section 9 only for the purpose of its functions relating to the enforcement of provisions of this Act and regulations made under it. S. 1 in force at 14.10.2019 for specified purposes by S.I. 2019/1336 , art. 2 S. 2 in force at 2.3.2020 by S.I. 2020/175 , reg. 2(b) S. 23 in force at 2.3.2020 by S.I. 2020/175 , reg. 2(b) S. 24 in force at 2.3.2020 by S.I. 2020/175 , reg. 2(b) S. 1 in force at 2.3.2020 in so far as not already in force by S.I. 2020/175 , reg. 2(a) S. 3 in force at 2.3.2020 by S.I. 2020/175 , reg. 2(b) S. 4 in force at 2.3.2020 by S.I. 2020/175 , reg. 2(b) S. 5 in force at 2.3.2020 by S.I. 2020/175 , reg. 2(b) S. 6 in force at 2.3.2020 by S.I. 2020/175 , reg. 2(b) S. 7 in force at 2.3.2020 by S.I. 2020/175 , reg. 2(b) S. 8 in force at 2.3.2020 by S.I. 2020/175 , reg. 2(b) S. 9 in force at 2.3.2020 by S.I. 2020/175 , reg. 2(b) S. 10 in force at 2.3.2020 by S.I. 2020/175 , reg. 2(b) S. 11 in force at 2.3.2020 by S.I. 2020/175 , reg. 2(b) S. 12 in force at 2.3.2020 by S.I. 2020/175 , reg. 2(b) S. 13 in force at 2.3.2020 by S.I. 2020/175 , reg. 2(b) S. 14 in force at 2.3.2020 by S.I. 2020/175 , reg. 2(b) S. 15 in force at 2.3.2020 by S.I. 2020/175 , reg. 2(b) S. 16 in force at 2.3.2020 by S.I. 2020/175 , reg. 2(b) S. 17 in force at 2.3.2020 by S.I. 2020/175 , reg. 2(b) S. 18 in force at 2.3.2020 by S.I. 2020/175 , reg. 2(b) S. 19 in force at 2.3.2020 by S.I. 2020/175 , reg. 2(b) S. 20 in force at 2.3.2020 by S.I. 2020/175 , reg. 2(b) S. 21 in force at 2.3.2020 by S.I. 2020/175 , reg. 2(b) S. 22 in force at 2.3.2020 by S.I. 2020/175 , reg. 2(b) S. 25 in force at 2.3.2020 by S.I. 2020/175 , reg. 2(b) Sch. 1 para. 1 in force at 2.3.2020 by S.I. 2020/175 , reg. 2(c) Sch. 1 para. 2 in force at 2.3.2020 by S.I. 2020/175 , reg. 2(c) Sch. 1 para. 3 in force at 2.3.2020 by S.I. 2020/175 , reg. 2(c) Sch. 1 para. 4 in force at 2.3.2020 by S.I. 2020/175 , reg. 2(c) Sch. 1 para. 5 in force at 2.3.2020 by S.I. 2020/175 , reg. 2(c) Sch. 1 para. 6 in force at 2.3.2020 by S.I. 2020/175 , reg. 2(c) Sch. 1 para. 7 in force at 2.3.2020 by S.I. 2020/175 , reg. 2(c) Sch. 1 para. 8 in force at 2.3.2020 by S.I. 2020/175 , reg. 2(c) Sch. 1 para. 9 in force at 2.3.2020 by S.I. 2020/175 , reg. 2(c) Sch. 1 para. 10 in force at 2.3.2020 by S.I. 2020/175 , reg. 2(c) Sch. 1 para. 11 in force at 2.3.2020 by S.I. 2020/175 , reg. 2(c) Sch. 1 para. 12 in force at 2.3.2020 by S.I. 2020/175 , reg. 2(c) Sch. 1 para. 13 in force at 2.3.2020 by S.I. 2020/175 , reg. 2(c) Sch. 1 para. 14 in force at 2.3.2020 by S.I. 2020/175 , reg. 2(c) Sch. 1 para. 15 in force at 2.3.2020 by S.I. 2020/175 , reg. 2(c) Sch. 1 para. 16 in force at 2.3.2020 by S.I. 2020/175 , reg. 2(c) Sch. 1 para. 17 in force at 2.3.2020 by S.I. 2020/175 , reg. 2(c) Sch. 1 para. 18 in force at 2.3.2020 by S.I. 2020/175 , reg. 2(c)
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[uk-legislation-anaw][anaw] 2024-05-04
http://www.legislation.gov.uk/anaw/2018/3/2018-11-22
http://www.legislation.gov.uk/anaw/2018/3/2018-11-22 Law Derived from the European Union (Wales) Act 2018 (repealed) An Act of the National Assembly for Wales to make provision for the operation in relation to Wales of law derived from the European Union relating to subjects devolved to the Assembly, in connection with the withdrawal of the United Kingdom from the European Union. text text/xml en Statute Law Database 2019-01-22 Expert Participation 2018-11-22 Law Derived from the European Union (Wales) Act 2018 (repealed) 2018 anaw 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Introduction Overview 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . EU derived Welsh law EU derived Welsh law 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Power to retain direct EU law 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Restatement and continuation of EU derived enactments 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Provision made under EU related powers to continue to have effect 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Challenges to EU derived Welsh law arising from invalidity of EU instruments 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Interpretation of EU derived Welsh law 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Rules of evidence etc. 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Further powers of the Welsh Ministers in connection with withdrawal from the EU Complying with international obligations 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Implementing the withdrawal agreement 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Power to make provision corresponding to EU law after exit day 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Review and sunset of the power in section 11(1) 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Fees and charges 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Welsh Ministers' consent to subordinate legislation within the scope of EU law Welsh Ministers' consent to making subordinate legislation 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Welsh Ministers' consent to approval or confirmation of subordinate legislation 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Duty to report on exercise of functions under sections 14(1) and 15(1) 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Devolved competence Meaning of devolved competence 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . General Continuing effect of regulations 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Regulations 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . General interpretation 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Coming into force 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repeal of this Act 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Short title 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SCHEDULE 1 FEES AND CHARGES (introduced by section 13) Power to provide for fees or charges: new functions 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Power to modify pre-exit fees or charges 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Restriction on exercise of power under paragraph 2 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Relationship to other powers 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SCHEDULE 2 PROCEDURE FOR MAKING REGULATIONS (Introduced by section 19(3)) Enhanced procedure regulations 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Disclosure of representations 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Standard procedure regulations 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Urgent procedure regulations 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Procedure on re-exercise of certain powers 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Combinations of instruments 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Act repealed (22.11.2018) by The Law Derived from the European Union (Wales) Act 2018 (Repeal) Regulations 2018 (S.I. 2018/1211) , reg. 2
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[uk-legislation-anaw][anaw] 2024-05-04
http://www.legislation.gov.uk/anaw/2018/1/2019-01-26
http://www.legislation.gov.uk/anaw/2018/1/2019-01-26 Abolition of the Right to Buy and Associated Rights (Wales) Act 2018 An Act of the National Assembly for Wales to make provision for the abolition of the right to buy, the right to acquire and associated rights; and for connected purposes. text text/xml en Statute Law Database 2019-03-01 Expert Participation 2019-01-26 Abolition of the Right to Buy and Associated Rights (Wales) Act 2018 Deddf Diddymu’r Hawl i Brynu a Hawliau Cysylltiedig (Cymru) 2018 specified provision(s) The Abolition of the Right to Buy and Associated Rights (Wales) Act 2018 (Consequential Amendments and Savings Provisions) Regulations 2019 Rheoliadau Deddf Diddymu’r Hawl i Brynu a Hawliau Cysylltiedig (Cymru) 2018 (Diwygiadau Canlyniadol a Darpariaethau Arbed) 2019 reg. 5 Abolition of the Right to Buy and Associated Rights (Wales) Act 2018 2018 anaw 1 An Act of the National Assembly for Wales to make provision for the abolition of the right to buy, the right to acquire and associated rights; and for connected purposes. [24 January 2018] Having been passed by the National Assembly for Wales and having received the assent of Her Majesty, it is enacted as follows: Overview 1 1 This section gives an overview of the main provisions of this Act. 2 Section 2 restricts the exercise of the right to buy pending its abolition (for which see section 6); and section 3 provides for exceptions to that restriction. 3 Section 4 restricts the exercise of the right to acquire pending its abolition (for which see section 6); and section 5 provides for an exception to that restriction. 4 Section 6 provides for the right to buy and the right to acquire to cease to exist in Wales. 5 Section 7 removes the Welsh Ministers' power to make grants to registered social landlords, and private registered providers of social housing, in respect of discounts given to tenants who purchase their dwellings. 6 Section 8— a requires the Welsh Ministers to provide landlords and other interested persons with information about changes to the law made by this Act, and b requires landlords to inform their tenants about those changes. 7 Sections 9, 10, 11 and 12 contain general provisions about the Act; the effect of section 11 is that— a section 8 (provision of information) comes into force on Royal Assent, b sections 2 to 5 (restricting the exercise of rights) come into force two months after Royal Assent, and c sections 6 and 7 (abolition of rights etc. ) may be brought into force by an order made by statutory instrument no earlier than twelve months after Royal Assent. Restriction on exercising the right to buy and the right to acquire Restriction on exercising the right to buy 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Exceptions to the restriction on exercising the right to buy 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Restriction on exercising the right to acquire 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Exception to the restriction on exercising the right to acquire 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Abolition of the right to buy and the right to acquire Abolition of the right to buy and the right to acquire 6 1 The following rights no longer exist in relation to dwellings in Wales— a the right to acquire the freehold of a dwelling-house, or to be granted a lease of a dwelling-house, pursuant to Part 5 of the Housing Act 1985 (c. 68) (the right to buy); b the right to acquire a dwelling pursuant to section 16 of the Housing Act 1996 (c. 52) (the right to acquire). 2 Accordingly, the following enactments are repealed— a sections 2 and 3 of this Act (restriction on exercising the right to buy etc.), and sections 121ZA, 121ZB and 171B(7) of the Housing Act 1985 (inserted by sections 2 and 3 of this Act); b sections 4 and 5 of this Act (restriction on exercising the right to acquire etc.), and sections 16B, 16C and 21(2A) of the Housing Act 1996 (inserted by sections 4 and 5 of this Act); c section 8 of this Act. 3 Schedule 1 (which makes consequential amendments and repeals) has effect. Discount grants Removal of power to make grants in respect of discounts 7 1 The Housing Act 1996 (c. 52) is amended as follows. 2 Section 21 (purchase grant by Welsh Ministers in respect of discounts on disposals of dwellings otherwise than in pursuance of the right to acquire) is repealed. Duty to provide tenants and prospective tenants with information Information for tenants and prospective tenants 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . General Power by regulations to make consequential amendments etc. 9 The Welsh Ministers may, by regulations, make any supplemental, incidental, consequential, transitory, transitional or saving provision they consider necessary or expedient in consequence of, or for the purpose of giving full effect to, any provision of this Act or any provision made under this Act (whether as a consequence of any provision made in or under the Renting Homes (Wales) Act 2016 (anaw 1) or otherwise). Further provision about regulations under section 9 10 1 The power in section 9 to make regulations is exercisable by statutory instrument. 2 Regulations under section 9 may amend, repeal, revoke or modify any enactment (including a provision of this Act). 3 If this subsection applies, regulations under section 9 may not be made unless a draft of the statutory instrument containing the regulations has been laid before and approved by a resolution of the National Assembly for Wales. 4 Subsection (3) applies where regulations under section 9 amend, modify or repeal any provision of an Act of Parliament or a Measure or Act of the National Assembly for Wales, whether or not the statutory instrument contains any other regulations. 5 Where subsection (3) does not apply, regulations under section 9 are subject to annulment in pursuance of a resolution of the National Assembly for Wales. Coming into force 11 1 This section and sections 1, 8, 9, 10 and 12 come into force on the day on which this Act receives Royal Assent. 2 Sections 2 to 5 come into force at the end of the period of 2 months beginning with the day on which this Act receives Royal Assent. 3 Sections 6 and 7 come into force on a day appointed by the Welsh Ministers in an order made by statutory instrument. 4 But the Welsh Ministers may not appoint a day for any of sections 6 or 7 to come into force which is before the end of the period of 12 months beginning with the day on which this Act receives Royal Assent. 5 An order under this section may make transitory, transitional or saving provision in connection with the coming into force of any provisions of this Act. Short title 12 The short title of this Act is the Abolition of the Right to Buy and Associated Rights (Wales) Act 2018. SCHEDULE 1 CONSEQUENTIAL AMENDMENTS AND REPEALS (introduced by section 6(3)) Finance Act 1981 (c. 35) 1 1 The Finance Act 1981 is amended as follows. 2 In section 107 (sale of houses at discount by local authorities), omit subsection (3C). Housing Act 1988 (c. 50) 2 1 The Housing Act 1988 is amended as follows. 2 In section 81 (consent required for certain subsequent disposals), in subsection (8), in paragraph (ab), omit the words from “or Part I” to the end of the paragraph. Housing Act 1996 (c. 52) 3 1 The Housing Act 1996 is amended as follows. 2 In section 10 (lettings and other disposals not requiring consent of Welsh Ministers), omit subsection (3). 3 Section 16 (right of tenant to acquire dwelling) is repealed. 4 Section 16A (extension of the right to acquire to dwellings funded by grants under section 27A) is repealed. 5 Section 17 (right of tenant to acquire dwelling: supplementary provisions) is repealed. 6 Section 20 (purchase grant where right to acquire is exercised) is repealed. 7 In section 24 (the disposal proceeds fund), in subsection (2)— a in paragraph (a)(i), omit “section 16 above or”; b omit paragraph (b); c in paragraph (c), omit “(b) or”. Finance Act 2003 (c. 14) 4 1 The Finance Act 2003 is amended as follows. 2 In Schedule 9 (stamp duty land tax: right to buy, shared ownership leases etc.), in paragraph 1 (right to buy transactions), omit sub-paragraph (5). Housing Act 2004 (c. 34) 5 1 The Housing Act 2004 is amended as follows. 2 In section 192 (right to buy: suspension by court order), in subsection (3), for paragraph (b) substitute— b section 184 of the Housing and Regeneration Act 2008 (c. 17) (application of that Part in relation to the right to acquire a dwelling in England), . 3 In section 194 (disclosure of information as to orders etc. in respect of anti-social behaviour), in subsection (4), for paragraph (b) substitute— b section 184 of the Housing and Regeneration Act 2008 (c. 17) (application of that Part in relation to the right to acquire a dwelling in England), . 4 Section 202 (right of assured tenant to acquire dwelling not affected by collective enfranchisement) is repealed. 5 Section 221 (extension of right to acquire) is repealed. 6 In Schedule 11 (registered social landlords), omit paragraphs 9 and 10. Housing and Regeneration Act 2008 (c. 17) 6 1 The Housing and Regeneration Act 2008 is amended as follows. 2 In section 62 (reference to Welsh Ministers), in the table, in the first column omit the reference to section 17(1), (2)(b), (5)(b) and (6), and in the second column omit the corresponding entry. 3 In section 63 (reference to National Assembly for Wales), in the table, in the first column omit the reference to section 17(7), and in the second column omit the corresponding entry. 4 In section 149 (exempted disposals), in subsection (8), omit paragraph (b) (and the “or” that precedes it). 5 In section 181 (interpretation of “publicly funded”), in subsection (6), in paragraph (b), for “under section 16(4) of that Act” substitute “ by the Welsh Ministers ” . 6 In section 184 (right to acquire: supplemental), for subsections (1) and (2) substitute— 1 The Secretary of State may by order— a specify the amount or rate of discount to be given on the exercise of the right conferred by section 180, and b designate rural areas in relation to dwellings in which the right conferred by that section does not arise. 2 The provisions of Part 5 of the Housing Act 1985 apply in relation to the right to acquire under section 180— a subject to any order under subsection (1) above, and b subject to such other exceptions, adaptations and other modifications as may be specified by regulations made by the Secretary of State. 3 The regulations may provide— a that the powers of the Secretary of State under sections 164 to 170 of that Act (powers to intervene, give directions or assist) do not apply, b that paragraphs 1 and 3 (exceptions for charities and certain housing associations), and paragraph 11 (right of appeal to Secretary of State), of Schedule 5 to that Act do not apply, c that the provisions of Part 5 of that Act relating to the right to acquire on rent to mortgage terms do not apply, d that the provisions of that Part relating to restrictions on disposals in National Parks etc. do not apply, and e that the provisions of that Part relating to the preserved right to buy do not apply. Nothing in this subsection affects the generality of the power conferred by subsection (2). 4 The specified exceptions, adaptations and other modifications shall take the form of textual amendments of the provisions of Part 5 of that Act as they apply in relation to the right to buy under that Part; and any consolidating regulations shall set out the provisions of Part 5 as they so apply. 5 Before making an order which would have the effect that an area ceased to be designated under subsection (1)(b), the Secretary of State shall consult— a the local housing authority or authorities in whose district the area or any part of it is situated or, if the order is general in its effect, local housing authorities in general, and b such bodies appearing to the Secretary of State to be representative of private registered providers as the Secretary of State considers appropriate. 6 Regulations made under this section are consolidating regulations if they are made for the purposes of consolidating other regulations that are being revoked in the instrument containing the consolidating regulations. 7 Section 185 (right to acquire: consequential amendments) is repealed. 8 In section 320 (orders and regulations), in subsection (7), after paragraph (a), insert— aa an order or regulations of the Secretary of State under section 184, . Housing (Wales) Measure 2011 (nawm 5) 7 1 The Housing (Wales) Measure 2011 is amended as follows. 2 Part 1 is repealed. 3 In section 89 (orders), omit subsections (2) to (4). Prevention of Social Housing Fraud Act 2013 (c. 3) 8 1 The Prevention of Social Housing Fraud Act 2013 is amended as follows. 2 In section 7 (regulations about powers to require information), in subsection (7), in paragraph (e)(ii), after “under section 16 of the Housing Act 1996”, insert “ before the repeal of that section by the Abolition of the Right to Buy and Associated Rights (Wales) Act 2017 came into force ” . Renting Homes (Wales) Act 2016 (anaw 1) 9 1 The Renting Homes (Wales) Act 2016 is amended as follows. 2 In Schedule 2, in paragraph 8 (meaning of “long tenancy”), in sub-paragraph (1)(c), for “as it has effect” substitute “ as that Part had effect ” . S. 6 in force at 26.1.2019 by S.I. 2018/100 , art. 2(a) (with art. 3 ) S. 7 in force at 26.1.2019 by S.I. 2018/100 , art. 2(a) (with art. 4 ) Sch. 1 para. 1 in force at 26.1.2019 by S.I. 2018/100 , art. 2(b) (with art. 3 ) Sch. 1 para. 2 in force at 26.1.2019 by S.I. 2018/100 , art. 2(b) (with art. 3 ) Sch. 1 para. 3 in force at 26.1.2019 by S.I. 2018/100 , art. 2(b) (with art. 3 ) Sch. 1 para. 4 in force at 26.1.2019 by S.I. 2018/100 , art. 2(b) (with art. 3 ) Sch. 1 para. 5 in force at 26.1.2019 by S.I. 2018/100 , art. 2(b) (with art. 3 ) Sch. 1 para. 6 in force at 26.1.2019 by S.I. 2018/100 , art. 2(b) (with art. 3 ) Sch. 1 para. 7 in force at 26.1.2019 by S.I. 2018/100 , art. 2(b) (with art. 3 ) Sch. 1 para. 8 in force at 26.1.2019 by S.I. 2018/100 , art. 2(b) (with art. 3 ) Sch. 1 para. 9 in force at 26.1.2019 by S.I. 2018/100 , art. 2(b) (with art. 3 ) S. 2 repealed (26.1.2019) by Abolition of the Right to Buy and Associated Rights (Wales) Act 2018 (anaw 1) , ss. 6(2)(a) , 11(3) (4) ; S.I. 2018/100 , art. 2(a) (with art. 3 ) (with savings in S.I. 2019/110 , reg. 5) S. 3 repealed (26.1.2019) by Abolition of the Right to Buy and Associated Rights (Wales) Act 2018 (anaw 1) , ss. 6(2)(a) , 11(3) (4) ; S.I. 2018/100 , art. 2(a) (with art. 3 ) (with savings in S.I. 2019/110 , reg. 5) S. 4 repealed (26.1.2019) by Abolition of the Right to Buy and Associated Rights (Wales) Act 2018 (anaw 1) , ss. 6(2)(b) , 11(3) (4) ; S.I. 2018/100 , art. 2(a) (with art. 3 ) (with savings in S.I. 2019/110 , reg. 5) S. 5 repealed (26.1.2019) by Abolition of the Right to Buy and Associated Rights (Wales) Act 2018 (anaw 1) , ss. 6(2)(b) , 11(3) (4) ; S.I. 2018/100 , art. 2(a) (with art. 3 ) (with savings in S.I. 2019/110 , reg. 5) S. 8 repealed (26.1.2019) by Abolition of the Right to Buy and Associated Rights (Wales) Act 2018 (anaw 1) , ss. 6(2)(c) , 11(3) (4) ; S.I. 2018/100 , art. 2(a) (with art. 3 ) (with savings in S.I. 2019/110 , reg. 5)
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[uk-legislation-anaw][anaw] 2024-05-04
http://www.legislation.gov.uk/anaw/2017/4/2017-09-13
http://www.legislation.gov.uk/anaw/2017/4/2017-09-13 Trade Union (Wales) Act 2017 An Act of the National Assembly for Wales to make provision about industrial action and trade union activity in relation to the operations of, and services provided by, devolved public authorities. text text/xml en Statute Law Database 2023-08-02 Expert Participation 2017-09-13 Trade Union (Wales) Act 2017 2017 anaw 4 An Act of the National Assembly for Wales to make provision about industrial action and trade union activity in relation to the operations of, and services provided by, devolved public authorities. [7 September 2017] Having been passed by the National Assembly for Wales and having received the assent of Her Majesty, it is enacted as follows: Amendments to the Trade Union and Labour Relations (Consolidation) Act 1992 1 1 The Trade Union and Labour Relations (Consolidation) Act 1992 (c.52) (as amended by the Trade Union Act 2016 (c.15)) is amended as follows. 2 In section 116B (restriction on deduction of union subscriptions from wages in public sector), after subsection (3) insert— 3A But regulations under subsection (3) may not specify— a a devolved Welsh authority, or b a description of public authority that applies to a devolved Welsh authority. . 3 In section 172A (publication requirements in relation to facility time), after subsection (2) insert— 2A But regulations under subsection (1) may not specify— a a devolved Welsh authority, or b a description of public authority that applies to a devolved Welsh authority. . 4 In section 226 (requirement of ballot before action by trade union), after subsection (2E) insert— 2EA But regulations under subsection (2D) may not specify services provided by a devolved Welsh authority. 5 After section 297A insert— Devolved Welsh authorities 297B For the purposes of this Act a “ devolved Welsh authority ” has the same meaning as in section 157A of the Government of Wales Act 2006 (c.32). 6 In section 299 (index of defined expressions) add “ devolved Welsh authority ” and (in the corresponding column) “section 297B”. Prohibition on using temporary workers to cover industrial action 2 1 A devolved Welsh authority may not hire a worker supplied by a person carrying on an employment business to perform— a duties normally performed by a member of its staff (“S”) while S is taking part in a strike or other industrial action, or b the duties of any other member of its staff assigned to perform the duties normally performed by S. 2 But subsection (1) does not apply if either the strike or other industrial action is unofficial. 3 For the purposes of this section a strike or other industrial action is unofficial if it would be regarded as unofficial for the purposes of section 237 of the Trade Union and Labour Relations (Consolidation) Act 1992 (c.52). 4 In this section— “ devolved Welsh authority ” (“ awdurdod datganoledig Cymreig ”) has the same meaning as in section 157A of the Government of Wales Act 2006 (c.32); “ employment business ” (“ busnes cyflogaeth ”) has the same meaning as in section 13(3) of the Employment Agencies Act 1973 (c. 35). Coming into force 3 The provisions in section 1 and section 2 come into force on whatever day or days the Welsh Ministers appoint by order made by statutory instrument (and this section and section 4 come into force on the day after this Act receives Royal Assent). Short title 4 The short title of this Act is the Trade Union (Wales) Act 2017. S. 2 in force at 13.9.2017 by S.I. 2017/903 , art. 2 S. 1 in force at 13.9.2017 by S.I. 2017/903 , art. 2
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[uk-legislation-anaw][anaw] 2024-05-04
http://www.legislation.gov.uk/anaw/2014/6/2018-04-19
http://www.legislation.gov.uk/anaw/2014/6/2018-04-19 Agricultural Sector (Wales) Act 2014 An Act of the National Assembly for Wales to make provision in relation to the agricultural sector in Wales; and for connected purposes. text text/xml en Statute Law Database 2018-06-08 Expert Participation 2018-04-19 Agricultural Sector (Wales) Act 2014 2014 anaw 6 An Act of the National Assembly for Wales to make provision in relation to the agricultural sector in Wales; and for connected purposes. [30 July 2014] Having been passed by the National Assembly for Wales and having received the assent of Her Majesty, it is enacted as follows:- Introduction Overview 1 This Act makes provision for— a the establishment of the Agricultural Advisory Panel for Wales, b the making of orders which set the terms and conditions for persons employed in agriculture in Wales (“agricultural workers”), and c the enforcement of such terms and conditions. Agricultural Advisory Panel for Wales Agricultural Advisory Panel for Wales 2 1 The Welsh Ministers must, by order, establish a panel to be known as the Agricultural Advisory Panel for Wales (“the Panel”) to carry out the functions listed in subsection (2). 2 The functions are— a promoting careers in agriculture; b preparing agricultural wages orders in draft, consulting on such orders and submitting them to the Welsh Ministers for approval; c advising the Welsh Ministers on such other matters relating to the agricultural sector in Wales as the Welsh Ministers may require; d such other functions as the Welsh Ministers may specify in the order. 3 The Panel is to consist of— a a member to chair the Panel, and b at least 3, but not more than 10, other members. 4 In exercising any functions in relation to the membership of the Panel, the Welsh Ministers must seek to ensure that the membership— a includes persons with the skills and expertise necessary to enable the Panel to perform its functions efficiently and effectively, and b adequately reflects the interests of all parts of the agricultural sector. 5 The Welsh Ministers may, by order, make provision— a about the constitution and proceedings of the Panel; b about the appointment of members to the Panel; c about the general powers of the Panel; d adding, amending or removing functions of the Panel. 6 Before making an order under this section the Welsh Ministers must consult such persons as they consider appropriate. Agricultural wages orders Agricultural wages orders 3 1 An agricultural wages order is an order making provision about the minimum rates of remuneration and other terms and conditions of employment for agricultural workers. 2 An agricultural wages order may, in particular, include provision— a specifying the minimum rates of remuneration to be paid to agricultural workers (including rates for periods when such workers are absent in consequence of sickness or injury); b about any benefits or advantages which, for the purposes of a minimum rate of remuneration, may be reckoned as remuneration in lieu of payment in cash; c requiring employers of agricultural workers to allow such workers to take such holidays and other leave as may be specified in the order. 3 An agricultural wages order may specify different rates and make different provision for different descriptions of agricultural workers. 4 An agricultural wages order may not include any provision about the pensions of agricultural workers. 5 No minimum rate of remuneration may be specified in an order under this section which is less than the national minimum wage. Agricultural wages orders: powers of the Welsh Ministers 4 1 The Welsh Ministers may, after receiving a draft agricultural wages order from the Panel— a approve and make the order, or b refer the order back to the Panel for further consideration and resubmission. 2 The Welsh Ministers may, of their own initiative, make agricultural wages orders until such time as the Panel is established. 3 Before making an agricultural wages order under subsection (2), the Welsh Ministers must consult such persons or bodies as they consider are likely to have an interest in the order. 4 The Welsh Ministers may, by regulations, make further provision about agricultural wages orders including, in particular, provision— a about the form and content of an order, and b about the procedure to be followed and consultation to be carried out in relation to an order. Enforcement Enforcement of minimum rates 5 1 The enforcement provisions of the 1998 Act listed in subsection (2) are to have effect for the purposes of this Act as they have effect for the purposes of that Act (except so far as they relate to Northern Ireland or Scotland), but with the modifications specified in subsections (3) to (7) of this section. 2 The enforcement provisions are— a sections 10 and 11 (records); b section 14 (powers of officers); c section 17 (entitlement of worker to additional remuneration), except for subsection (3); d section 19 (notices of underpayment: arrears); e section 19C (notices of underpayment: appeals), except for subsections (1)(c) and (6) and, so far as relating to appeals under subsection (1)(c), subsection (8); f section 19D (non-compliance with notice of underpayment: recovery of arrears); g section 19F (withdrawal of notice of underpayment), except for subsections (2)(a) and (4); h section 19G (replacement notice of underpayment); i section 19H (effect of replacement notice of underpayment), except for subsections (4) and (5); j sections 23 and 24 (right not to suffer detriment); k section 28 (evidence: reversal of burden of proof in civil proceedings); l sections 31 and 33 (offences); m section 48 (superior employers); n section 49 (restriction on contracting out). 3 In the application of any of those enforcement provisions— a any reference to the 1998 Act, other than a reference to a specific provision of it, includes a reference to this Act; b any reference to a worker (within the meaning of the 1998 Act) is to be construed as a reference to an agricultural worker (within the meaning of this Act); c any reference to a person (however described) who qualifies for the national minimum wage is to be construed as a reference to an agricultural worker; d any reference to a record includes a reference to any record which the employer of an agricultural worker is required to keep and preserve in accordance with regulations made under section 7 of this Act; e any reference to an officer acting for the purposes of the 1998 Act is to be construed as a reference to an officer acting for the purposes of this Act; f subject to paragraph (c), any reference to the national minimum wage, other than a reference to the hourly amount of the national minimum wage, is to be construed as a reference to the minimum rate applicable by virtue of this Act; g subject to paragraph (c), any reference to qualifying for the national minimum wage is to be construed as being entitled to the minimum rate applicable by virtue of this Act. 4 In the application of sections 10(10), 14(1)(a) and 31 of the 1998 Act, the references to a record required to be kept in accordance with regulations made under section 9 of the 1998 Act includes references to a record required to be kept in accordance with regulations made under section 7 of this Act. 5 In the application of section 14 of the 1998 Act, after subsection (2) insert— 2A Where an officer wishes to exercise the power under paragraph (d) of subsection (1) in relation to a dwelling house, the officer must first give reasonable notice. 6 In the application of section 17 of the 1998 Act— a for subsection (2) substitute— 2 The amount referred to in subsection (1)(a) is the difference between— a the remuneration received by the worker as an agricultural worker for the pay reference period from the worker's employer, and b the amount which the worker would have received as an agricultural worker for that period had the worker been remunerated by the employer at the minimum rate applicable by virtue of the Agricultural Sector (Wales) Act 2014; , b for subsection (4) substitute— 4 the amount referred to in subsection (1)(b) is the amount determined by the formula— ( A / R 1 ) x R 2 where— A is the amount described in subsection (2), R1 is the minimum rate applicable by virtue of the Agricultural Sector (Wales) Act 2014 in respect of the worker during the pay reference period, and R2 is the minimum rate which would have been applicable by virtue of that Act in respect of the worker during the pay reference period had the minimum rate applicable by virtue of that Act in respect of the worker during that period been determined by reference to any order under section 3 of that Act in force at the time of determination. 7 In the application of section 33(1A) of the 1998 Act (authorisation for conducting proceedings) for “Secretary of State” substitute “ Welsh Ministers ” . 8 In section 104A of the Employment Rights Act 1996 (unfair dismissal: national minimum wage), in subsection (1)(c)— a any reference to a person qualifying for the national minimum wage includes a reference to a person being or becoming entitled to a minimum rate applicable by virtue of this Act, and b any reference to a person qualifying for a particular rate of national minimum wage includes a reference to a person being or becoming entitled to a particular minimum rate applicable by virtue of this Act. Enforcement of holiday entitlement 6 1 It is an offence for an employer of an agricultural worker to fail to allow the worker to take the holidays specified in an agricultural wages order. 2 A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale. 3 In any proceedings against a person under this section it is for the person to prove that the agricultural worker was allowed to take the holidays to which the worker was entitled. Records Duty of employers to keep records 7 1 For the purposes of this Act, the Welsh Ministers may, by regulations, make provision requiring employers of agricultural workers— a to keep, in such form and manner as may be specified, such records as may be specified, and b to preserve those records for such period as may be specified. 2 In this section, “ specified ” means specified in the regulations made under subsection (1). Agricultural enforcement officers Appointment of officers 8 1 The Welsh Ministers may appoint officers to act in Wales for the purposes of this Act. 2 An officer must, upon request, produce some duly authenticated document showing the officer's authority to act. 3 If it appears to an officer that, when acting for the purposes of this Act, any person with whom the officer is dealing is unaware that the officer is so acting, the officer must inform the person of that fact. Information obtained by officers 9 1 Information that has been obtained by an officer acting for the purposes of this Act— a may be supplied to the Welsh Ministers, and b where it relates to an identifiable agricultural worker, may be supplied to that worker. 2 The Welsh Ministers must not supply the information to any other person or body unless it is supplied for the purposes of any civil or criminal proceedings relating to this Act. 3 This section does not limit the circumstances in which information may be supplied or used apart from this section. Miscellaneous Meaning of “the national minimum wage” 10 1 Subject to subsections (2) to (5), “ the national minimum wage ” means the single hourly rate for the time being in force by virtue of regulations under section 1(3) of the 1998 Act. 2 Subsection (3) applies if, in the case of persons of any description, regulations under section 3(2) of the 1998 Act prevent them from being persons who (within the meaning of that Act) qualify for the national minimum wage. 3 This Act is to have effect in relation to persons of that description as if the national minimum wage were nil. 4 Subsection (5) applies if, in the case of persons of any description, regulations under section 3(2) of the 1998 Act prescribe a rate (“the reduced rate”) for the national minimum wage other than the single hourly rate for the time being prescribed under section 1(3) of that Act. 5 This Act is to have effect in relation to persons of that description as if the national minimum wage were the reduced rate. Amendment of Working Time Regulations 11 1 The Working Time Regulations 1998 ( SI 1998/1833) are amended as follows. 2 In regulation 2 (interpretation), in the definition of “worker employed in agriculture”, after “agriculture” insert “ means, in relation to Wales, an agricultural worker within the meaning of section 18 of the Agricultural Sector (Wales) Act 2014 and otherwise ” . 3 In paragraph 3 of Schedule 2 (workers employed in agriculture), after “1948” insert “ , section 3 of the Agricultural Sector (Wales) Act 2014 ” . Transitional provision 12 1 Notwithstanding the provisions listed in subsection (2), the provisions of the 2012 Wages Order are to have effect in relation to agricultural workers on and from 1 October 2013 until such time as the Welsh Ministers make an agricultural wages order. 2 The provisions are— a section 72(4) and paragraph 2 of Schedule 20 to the Enterprise and Regulatory Reform Act 2013; b article 4 of the Enterprise and Regulatory Reform Act 2013 (Commencement No. 1, Transitional Provisions and Savings) Order 2013 (SI 2013/1455). 3 The provisions of the 2012 Wages Order are, for the purposes of any right or liability accrued under them on or after 1 October 2013, to be treated as if they are provisions of an agricultural wages order made under section 3 of this Act. 4 In the event that the national minimum wage exceeds any minimum rate in the provisions of the 2012 Wages Order which is an hourly rate, the minimum rate in question is deemed to be the national minimum wage. 5 In the event that the national minimum wage is such that a minimum rate (other than an minimum rate which is an hourly rate) in the provisions of the 2012 Wages Order yields a lesser amount of remuneration for each hour worked than the hourly amount of the national minimum wage, the minimum rate in question is deemed to be a rate such as to yield an amount of remuneration for each hour worked equal to the hourly amount of the national minimum wage. 6 In this section, the “ provisions of the 2012 Wages Order ” means the provisions of the Agricultural Wages (England and Wales) Order 2012 (as made by the Agricultural Wages Board for England and Wales on 20 July 2012). Report on operation and effect of this Act 13 1 The Welsh Ministers must, as soon as practicable after the end of the review period, lay before the National Assembly for Wales a report on the operation and effect of this Act during that period. 2 The report must, in particular, contain information about the effect that the operation of this Act has had upon— a agricultural workers, b employers of agricultural workers, and c the agricultural sector generally. 3 Before preparing the report, the Welsh Ministers must consult such persons as they consider appropriate. 4 The Welsh Ministers must, as soon as practicable after the report has been laid before the National Assembly for Wales, publish the report in such manner as they consider appropriate. 5 In this section “ the review period ” means the period of 3 years beginning with the day on which this Act comes into force. Duration of this Act 14 1 This Act (other than subsection (3) and, for the purposes of that subsection, sections 17(1), 17(2) and 18) ceases to have effect at the end of the expiration period, unless an order is made under subsection (2). 2 The Welsh Ministers may, by order, after the end of the review period but before the end of the expiration period, provide that this Act is to continue in effect despite subsection (1). 3 The Welsh Ministers may, by order, make such provision (including provision modifying any enactment) as may be necessary or expedient in consequence of this Act ceasing to have effect. 4 In this section— “ the expiration period ” (“ y cyfnod dod i ben ”) means the period of 4 years beginning with the day on which this Act comes into force; “ the review period ” (“ y cyfnod adolygu ”) has the same meaning as in section 13. General Offences by bodies corporate 15 1 This section applies where an offence under this Act is committed by a body corporate. 2 If the offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of— a any director, manager or secretary of the body corporate, or b any person who was purporting to act in any such capacity, that director, manager, secretary or person purporting to act as such (as well as the body corporate) is guilty of the offence and liable to be proceeded against and punished accordingly. 3 The reference to the director, manager or secretary of the body corporate includes a reference— a to any similar officer of the body; b where the body is a body corporate whose affairs are managed by its members, to any officer or member of the body. Ancillary provision 16 1 The Welsh Ministers may, by order, make such incidental, consequential, supplemental, transitional, transitory or saving provision as they consider appropriate for the purposes of, or in connection with, giving full effect to any provision made by or under this Act. 2 An order under this section may modify this or any other enactment. Orders and regulations 17 1 Any power of the Welsh Ministers to make an order or regulations under this Act is exercisable by statutory instrument and includes power to— a make such incidental, consequential, supplemental, transitional, transitory or saving provision as the Welsh Ministers consider necessary or expedient for the purposes of, or in connection with, this Act, and b make different provision for different purposes. 2 A statutory instrument which contains (whether alone or with other provisions)— a an order under section 2, b regulations under section 7, c an order under section 14, or d an order under section 16 which includes provision which adds to, amends or omits the text of an Act of Parliament or a Measure or Act of the National Assembly for Wales, is not to be made until a draft of the instrument has been laid before, and approved by resolution of, the National Assembly for Wales. 3 Any other statutory instrument containing an order or regulations under this Act is to be subject to annulment in pursuance of a resolution of the National Assembly for Wales. Interpretation 18 In this Act, unless the context requires otherwise— “ 1998 Act ” (“ Deddf 1998 ”) means the National Minimum Wage Act 1998 (c. 39); “ agricultural wages order ” (“ gorchymyn cyflogau amaethyddol ”) is to be construed in accordance with section 3 (but see also section 12(3)); “ agricultural worker ” (“ gweithiwr amaethyddol ”) means a person employed in agriculture in Wales, whether or not the whole of the work undertaken by virtue of that employment is undertaken in Wales; “ agriculture ” (“ amaethyddiaeth ”) includes— dairy farming; the production of any consumable produce for the purposes of a trade or business or any other undertaking (whether carried on for profit or not); the use of land as grazing, meadow or pasture land; the use of land for orchards, osier land or woodland; the use of land for market gardens or nursery grounds; “ consumable produce ” (“ cynnyrch defnyddiadwy ”) means produce grown for consumption or for other use after severance from the land on which it is grown; “ employment ” (“ cyflogaeth ”) means employed under a contract of service or apprenticeship and “ employed ” (“ a gyflogir ”) and “ employer ” (“ cyflogwr ”) are to be construed accordingly; “ modify ” (“ addasu ”), in relation to an enactment, includes amend or repeal; “ the national minimum wage ” (“ isafswm cyflog cenedlaethol ”) has the meaning given by section 10. Commencement 19 The provisions of this Act come into force on the day on which this Act receives Royal Assent. Short title 20 The short title of this Act is the Agricultural Sector (Wales) Act 2014. For expiry of Act see s. 14(1) Act continued (19.4.2018) by The Agricultural Sector (Wales) Act 2014 (Continuation of Effect) Order 2018 (S.I. 2018/515) , art. 2
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[uk-legislation-anaw][anaw] 2024-05-04
http://www.legislation.gov.uk/anaw/2014/1/2021-04-30
http://www.legislation.gov.uk/anaw/2014/1/2021-04-30 Further and Higher Education (Governance and Information) (Wales) Act 2014 An Act of the National Assembly for Wales to make provision about the governance of institutions within the further education sector and about the supply of information in connection with the provision of support to students in further or higher education. text text/xml en Statute Law Database 2023-03-17 Expert Participation 2021-04-30 Further and Higher Education (Governance and Information) (Wales) Act 2014 2014 anaw 1 An Act of the National Assembly for Wales to make provision about the governance of institutions within the further education sector and about the supply of information in connection with the provision of support to students in further or higher education. [27 January 2014] Having been passed by the National Assembly for Wales and having received the assent of Her Majesty, it is enacted as follows: Further education institutions: governance Borrowing and investing by further education corporations 1 In section 19 of the Further and Higher Education Act 1992 (supplementary powers of a further education corporation), omit— a subsection (4A) (power in subsection (4)(bb) to form, participate in forming or invest in company not to be exercised by further education corporation in Wales for conducting, or investing in company conducting, educational institution), b subsection (4AA) (power in subsection (4)(bc) to form, participate in forming or otherwise becoming member of charitable incorporated organisation not to be exercised by further education corporation in Wales for conducting, or becoming member of charitable incorporated organisation conducting, educational institution), c subsection (4AB) (power of Welsh Ministers to consent to exercise of power not complying with restriction in subsection (4A) or (4AA)), d subsection (4B) (powers in subsection (4)(bb) and (bc) not to be exercised by further education corporation in Wales for provision of education funded by Welsh Ministers under Learning and Skills Act 2000), e subsection (4C) (subsection (4B) not to apply if Welsh Ministers consent to exercise of powers), and f subsection (5) (power in subsection (4)(c) to borrow not to be exercised by further education corporation in Wales without consent of Welsh Ministers). Instrument and articles of government of further education corporations 2 1 In section 20 of the Further and Higher Education Act 1992 (constitution of corporation and conduct of the institution), for subsections (2) and (2A) substitute— 2 Instruments of government and articles of government of further education corporations— a must comply with the requirements of Schedule 4, and b subject to that, may make such other provision as may be necessary or desirable. 2 Schedule 1 (which substitutes Schedule 4 to the Further and Higher Education Act 1992) has effect. 3 For sections 22 and 22ZA of the Further and Higher Education Act 1992 substitute— Subsequent instruments and articles 22 A further education corporation may modify or replace their instrument of government or articles of government. Dissolution of further education corporations 3 For sections 27 to 27C of the Further and Higher Education Act 1992 substitute— Proposals for dissolution of further education corporations 27 1 This section applies if a further education corporation propose that the corporation should be dissolved. 2 The corporation must publish— a details of the proposal, and b such other information as may be prescribed by regulations made by the appropriate authority. 3 The publication is to be in accordance with regulations made by the appropriate authority. 4 The corporation must consult on the proposal, and take account of the views of those consulted, in accordance with regulations made by the appropriate authority. 5 In this section, “ the appropriate authority ” means— a in relation to a further education corporation in England, the Secretary of State, and b in relation to a further education corporation in Wales, the Welsh Ministers. Dissolution of further education corporations 27A 1 This section and section 27B apply if, after complying with section 27, a further education corporation resolve that the corporation should be dissolved on a specified date. 2 “ The dissolution date ” means the date specified in a resolution under subsection (1). 3 The corporation must notify the appropriate authority of the resolution and the dissolution date as soon as reasonably practicable. 4 The corporation are dissolved on the dissolution date. 5 In this section, “ the appropriate authority ” has the meaning given in section 27. Dissolution of further education corporations: transfer of property, rights and liabilities 27B 1 At any time before the dissolution date, the corporation may transfer any of their property, rights or liabilities to such person or body, or a person or body of such description, as may be prescribed by regulations made by the appropriate authority. 2 The corporation may do so only with the consent of the person or body concerned. 3 A transfer under subsection (1) has effect on the dissolution date. 4 Subsection (5) applies if a person or body prescribed, or of a description prescribed, under subsection (1) is not a charity established for charitable purposes which are exclusively educational purposes. 5 Any property transferred to the person or body must be transferred on trust to be used for charitable purposes which are exclusively educational purposes. 6 In this section, “ the appropriate authority ” has the meaning given in section 27. Designated institutions: instrument and articles of government 4 1 In section 29A of the Further and Higher Education Act 1992 (first post-designation instruments and articles), omit— a in subsection (1) the words “and (if the institution is in Wales) subsection (6)”, b subsection (6), and c in the heading “: England and Wales”. 2 For sections 29B and 29C of that Act substitute— Changes to instruments and articles 29B 1 This section applies to a designated institution to which section 29 applies. 2 The governing body of the institution may modify or replace its instrument of government and articles of government. 3 If the institution is in Wales and is an institution to which section 30 applies, the governing body may do any of the things mentioned in subsection (2) only with the consent of the trustees of the institution. 4 The instrument of government and articles of government (as modified or replaced)— a must comply with the requirements of Schedule 4, and b subject to that, may make such other provision as may be necessary or desirable. 3 In section 31 of that Act (designated institutions conducted by companies), omit subsection (2A) (articles relating to appointment of members to take into account members who may be appointed by Welsh Ministers). Intervention by Welsh Ministers in respect of institutions within further education sector 5 1 Section 57 of the Further and Higher Education Act 1992 (intervention: Wales) is amended as follows. 2 In subsection (5A)— a after “include” insert — a ; b insert at the end , and b a direction requiring a governing body to make a resolution under section 27A(1) for the body to be dissolved on a date specified in the direction. 3 After that subsection insert— 5B A governing body to which a direction such as is mentioned in subsection (5A)(b) is given is to be taken for the purposes of section 27A(1) to have complied with section 27 before making the resolution required by the direction. 4 Omit section 57A of the Further and Higher Education Act 1992 (intervention policy: Wales). Abolition of duties of further education institutions to comply with directions 6 1 In section 33J of the Learning and Skills Act 2000 (planning the local curriculum), for subsection (3) substitute— 3 The persons mentioned in paragraphs (a) to (c) of subsection (1) must have regard to any guidance given from time to time by the Welsh Ministers as to the exercise of their functions under that subsection. 4 The persons mentioned in paragraphs (a) and (b) of subsection (1) must comply with any direction given by the Welsh Ministers as to the exercise of their functions under that subsection. 2 In section 33L(3) of that Act (joint working: guidance and directions), for “The persons mentioned in subsection (1)” substitute “ A local authority and a governing body of a maintained school ” . 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Abolition of power to regulate higher education courses in further education sector 7 In the Education Act 2002, omit section 139 (power to make regulations prohibiting provision of higher education courses by institutions within further education sector without approval of Welsh Ministers and determining numbers of persons who may take such courses at such institutions). Minor and consequential amendments 8 Schedule 2 (which makes minor and consequential amendments) has effect. Student support: supply of information Supply of information in connection with student loans and grants 9 In section 24 of the Teaching and Higher Education Act 1998 (supply of information in connection with student loans)— a in subsection (2)— i in paragraph (a), after “State” insert “ , the Welsh Ministers ” ; ii in paragraph (b), after “State” insert “ , the Welsh Ministers ” ; iii in paragraph (c), after “State” insert “ , the Welsh Ministers ” ; b after subsection (2) insert— 2A Information to which this section applies may also be supplied to— a the Welsh Ministers, b any person or body acting on behalf of the Welsh Ministers under section 23(4), or c any authority or governing body by whom any function of the Welsh Ministers is for the time being exercisable to any extent by virtue of section 23(1), for the purpose of enabling or assisting the recipient to exercise any function in connection with regulations under section 22 so far as having effect in relation to grants under that section. ; c in subsection (3)— i in the opening words, after “(2)” insert “ or (2A) ” ; ii in paragraph (b), for “of the student loans scheme.” substitute of— i the student loans scheme, or ii regulations under section 22 so far as having effect in relation to grants made in pursuance of the Welsh Ministers' functions under that section. ; d in subsection (4), after “(2)” insert “ , (2A) ” ; e in subsection (10), after “student” insert “ grants or ” ; f in the heading, for “loans” substitute “ support ” . General Review of operation of Act 10 The Welsh Ministers must, not later than 31 July 2016, review the operation of this Act with a view in particular to assessing its impact on— a the funding of education provided at further education institutions in Wales for students who are above compulsory school age but have not attained the age of 19, b Welsh language provision at such institutions, and c additional learning needs provision at such institutions. Commencement 11 1 Section 9, this section and section 12 come into force on the day on which this Act receives Royal Assent. 2 The other provisions of this Act come into force on such day as the Welsh Ministers may appoint by order made by statutory instrument. 3 An order under this section may— a appoint different days for different purposes; b contain transitional, transitory or saving provision in connection with the coming into force of this Act. Short title 12 The short title of this Act is the Further and Higher Education (Governance and Information) (Wales) Act 2014. SCHEDULE 1 INSTRUMENTS AND ARTICLES OF GOVERNMENT (introduced by section 2) In the Further and Higher Education Act 1992, for Schedule 4 substitute— SCHEDULE 4 INSTRUMENTS AND ARTICLES OF GOVERNMENT 1 This Schedule applies in relation to— a a further education corporation, b the governing body of a designated institution, and c a sixth form college corporation. 2 In this Schedule— “ the body ” means— in the case of a further education corporation or a sixth form college corporation, the corporation, and in the case of the governing body of a designated institution, the governing body; “ the institution ” means— in the case of a further education corporation, the institution which the corporation are established to conduct; in the case of the governing body of a designated institution, the institution; in the case of a sixth form college corporation, the relevant sixth form college; “ instrument ” means an instrument of government or articles of government. 3 1 An instrument must provide for— a the number of members of the body, b the eligibility of persons for membership, c the members to include— i staff and students at the institution, and ii in the case of a sixth form college corporation, parents of students at the institution aged under 19, and d the appointment of members, if the institution is in England, or the appointment or election of members, if the institution is in Wales. 2 In the case of an institution in Wales the provision made by an instrument must include provision— a for the members of the body to include— i the chief executive, ii at least two other members of staff at the institution, iii at least two students at the institution, and iv one or more representatives of local employers or businesses, b for at least one of the members who are members of staff to be a member of the teaching staff, and at least one to be a member of the non-teaching staff, elected at an election open to all members of staff from those nominated by any member of staff, and c for the members who are students to be elected at an election open to all the students at the institution from those nominated by any student or (if the body so determines) to be elected at an election open to all the members of an association which represents students at the institution, and is recognised by the body, from those nominated by any member of the association. 4 1 An instrument must make provision about the procedures of the body and the institution. 2 In particular, an instrument must specify how the body may resolve for its dissolution and the transfer of its property, rights and liabilities. 5 1 An instrument must make provision for there to be— a a chief executive of the institution, and b a clerk to the body. 2 An instrument must make provision about the respective responsibilities of the body, the chief executive and the clerk. 3 The responsibilities of the body must include— a in the case of a sixth form college corporation to which section 33J applies, the preservation and development of the educational character and mission of the institution and the oversight of its activities; b in the case of any other sixth form college corporation, a further education corporation or a governing body, the determination and periodic review of the educational character and mission of the institution and the oversight of its activities; c in any case, the effective and efficient use of resources, the solvency of the institution and the body and the safeguarding of their assets. 6 An instrument must require the body to publish arrangements for obtaining the views of staff and students on the matters for which the body are responsible under paragraph 5(3)(a) or (b). 7 In the case of an institution in Wales, an instrument must require the body to consult persons in the locality of the institution receiving education or training, employers in that locality and bodies representing persons living in that locality as to the education provided at the institution and the planning of its curriculum. 8 An instrument must permit the body to change their name with the approval of— a in the case of an institution in England, the Secretary of State; b in the case of an institution in Wales, the Welsh Ministers. 9 An instrument must specify how the body may modify or replace the instrument of government and articles of government. 10 An instrument must prohibit the body from making changes to the instrument of government or articles of government that would result in the body ceasing to be a charity. 11 An instrument must provide for— a a copy of the instrument to be given free of charge to every member of the body, b a copy of the instrument to be given free of charge, or at a charge not exceeding the cost of copying, to anyone else who requests it, and c a copy of it to be available for inspection at the institution on request, during normal office hours, to every member of staff of, and student at, the institution. 12 An instrument must provide for the authentication of the application of the seal of the body. SCHEDULE 2 MINOR AND CONSEQUENTIAL AMENDMENTS (introduced by section 8) Further and Higher Education Act 1992 1 In the Further and Higher Education Act 1992— a in section 30 (special provision for certain institutions), in subsection (1), for “29C” substitute “ 29B ” ; b in section 33I(2)(a) (instrument and articles of government of sixth form college corporations), omit “Part 2 of”; c in section 61 (interpretation of Part 1), in subsection (1), in the definition of “regulations” after “Secretary of State” insert “ or the Welsh Ministers ” ; d in section 89 (orders, regulations and directions)— i in subsection (1), omit “of the Secretary of State”; ii in subsection (2) omit “22ZA(1) and (4),” and “29C(4),”; iii in subsection (3), for the words from “a resolution” to the end substitute — a in the case of an order or regulations made by the Secretary of State, a resolution of either House of Parliament; b in the case of an order or regulations made by the Welsh Ministers, a resolution of the National Assembly for Wales. Learning and Skills Act 2000 2 In the Learning and Skills Act 2000, omit— a section 39 (power of Welsh Ministers to appoint governors of institution falling within further education sector and mainly serving population of Wales), and b in Schedule 9, paragraphs 22(4) and 25 (which amend sections 19 and 31 of the Further and Higher Education Act 1992). National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 3 In the National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005, in Schedule 1, omit paragraphs 14 to 16, 18 and 59 (which amend sections 19, 22, 27 and 31 of the Further and Higher Education Act 1992 and section 39 of the Learning and Skills Act 2000). Further Education and Training Act 2007 4 In the Further Education and Training Act 2007, omit— a section 18(5) (which inserts section 57A into the Further and Higher Education 1992), b section 21(3) to (5) (which amend section 19 of that Act), and c section 22 (which, if in force, would insert section 49A into the Further and Higher Education 1992 so as to require governing body of further education sector institution in Wales to have regard to guidance of Welsh Ministers about consultation). Apprenticeships, Skills, Children and Learning Act 2009 5 In the Apprenticeships, Skills, Children and Learning Act 2009, in Schedule 6, omit paragraphs 3(1), (3) and (4) and 5(b) (which amend sections 19(4A) and (4B) and 31(2A) of the Further and Higher Education 1992). Learning and Skills (Wales) Measure 2009 6 In the Learning and Skills (Wales) Measure 2009, in the Schedule, in paragraph 3 (which amends section 39 of the Learning and Skills Act 2000), omit “39(1)”. Education Act 2011 7 In the Education Act 2011, in Schedule 12, omit paragraphs 3(3) to (5) and (7)(a) and (9), 5, 6, 7, 16(a), 43 and 45 (which amend sections 19 and 20, insert sections 22 and 22ZA, and substitute section 27 of and Schedule 4 to the Further and Higher Education Act 1992 and amend section 22 of the Further Education and Training Act 2007). S. 3 in force for specified purposes at 1.8.2014 by S.I. 2014/1706 , art. 2 S. 1 in force at 1.9.2014 by S.I. 2014/1706 , art. 3(a) S. 2 in force at 1.9.2014 by S.I. 2014/1706 , art. 3(b) S. 3 in force in so far as not already in force at 1.9.2014 by S.I. 2014/1706 , art. 3(c) S. 4 in force at 1.9.2014 by S.I. 2014/1706 , art. 3(d) S. 5 in force at 1.9.2014 by S.I. 2014/1706 , art. 3(e) S. 6 in force at 1.9.2014 by S.I. 2014/1706 , art. 3(f) S. 7 in force at 1.9.2014 by S.I. 2014/1706 , art. 3(g) S. 8 in force at 1.9.2014 by S.I. 2014/1706 , art. 3(h) S. 10 in force at 1.9.2014 by S.I. 2014/1706 , art. 3(i) Sch. 1 in force at 1.9.2014 by S.I. 2014/1706 , art. 3(b) Sch. 2 para. 1 in force at 1.9.2014 by S.I. 2014/1706 , art. 3(h) Sch. 2 para. 2 in force at 1.9.2014 by S.I. 2014/1706 , art. 3(h) Sch. 2 para. 3 in force at 1.9.2014 by S.I. 2014/1706 , art. 3(h) Sch. 2 para. 4 in force at 1.9.2014 by S.I. 2014/1706 , art. 3(h) Sch. 2 para. 5 in force at 1.9.2014 by S.I. 2014/1706 , art. 3(h) Sch. 2 para. 6 in force at 1.9.2014 by S.I. 2014/1706 , art. 3(h) Sch. 2 para. 7 in force at 1.9.2014 by S.I. 2014/1706 , art. 3(h) S. 6(3) omitted (30.4.2021) by virtue of Curriculum and Assessment (Wales) Act 2021 (asc 4) , s. 84(1) , Sch. 2 para. 72 (with savings and transitional provisions in S.I. 2022/111 , regs. 1 , 3 ) S. 6(4) omitted (30.4.2021) by virtue of Curriculum and Assessment (Wales) Act 2021 (asc 4) , s. 84(1) , Sch. 2 para. 72 (with savings and transitional provisions in S.I. 2022/111 , regs. 1 , 3 )
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[uk-legislation-anaw][anaw] 2024-05-04
http://www.legislation.gov.uk/anaw/2013/2/2017-10-04
http://www.legislation.gov.uk/anaw/2013/2/2017-10-04 Food Hygiene Rating (Wales) Act 2013 An Act of the National Assembly for Wales to make provision for the production of food hygiene ratings of food business establishments; the display of information about food hygiene ratings; the enforcement of requirements to display information; and for connected purposes. text text/xml en Statute Law Database 2018-01-05 Expert Participation 2017-10-04 Food Hygiene Rating (Wales) Act 2013 2013 anaw 2 An Act of the National Assembly for Wales to make provision for the production of food hygiene ratings of food business establishments; the display of information about food hygiene ratings; the enforcement of requirements to display information; and for connected purposes. [4 March 2013] Having been passed by the National Assembly for Wales and having received the assent of Her Majesty, it is enacted as follows: Introduction Overview 1 1 This Act establishes a food hygiene rating scheme for Wales. 2 The scheme provides for food authorities in Wales to inspect (section 2), and produce food hygiene ratings of (section 3), food business establishments in their areas. 3 A food hygiene rating is to be produced by scoring the food hygiene standards of an establishment against criteria published by the Food Standards Agency (“FSA”) (sections 3 and 4). 4 A food business establishment may appeal against its food hygiene rating and comment on it (sections 5 and 11). 5 A food authority must inform the FSA of the food hygiene rating of an establishment in its area, and the FSA must publish the rating (section 6). 6 A food business establishment must inform the public of its food hygiene rating (sections 7 and 8). 7 Failure to inform the public is a criminal offence, punishable by a fine or fixed penalty (section 9, sections 19 to 22 and the Schedule). 8 A food business establishment may in certain circumstances request a re-rating (section 12). 9 Powers and responsibilities of food authorities and the FSA, and responsibilities of operators of food business establishments are set out in sections 14 to 16. Food hygiene inspections and ratings Programme of food hygiene inspections 2 1 A food authority must prepare, and keep under review, a programme which sets out— a whether a food business establishment in its area must be inspected, and b if an inspection is required, the frequency of inspections. 2 A food authority must inspect food business establishments in its area in accordance with the programme. 3 When preparing and reviewing the programme a food authority must have regard to matters specified by the FSA and approved by the Welsh Ministers. 4 The matters specified by the FSA must include an assessment of the levels of risk to public health— a associated with the type of food handled by an establishment, b associated with the method of handling the food, and c arising from the record of compliance with food hygiene law at the establishment. 5 In this Act— a “ food authority ” (“ awdurdod bwyd ”) means the county council or county borough council of the area in Wales in which the establishment is located (or a port health authority in the circumstances prescribed by section 5(3) of the Food Safety Act 1990); a “ food business establishment ” (“ sefydliad busnes bwyd ”) is any unit of a business registered with a food authority by virtue of Article 6 of Regulation ( EC ) No 852/2004 or approved by a food authority under Article 4 of Regulation (EC) No 853/2004 (or registered or approved under equivalent alternative provisions for registering or approving food business establishments), which— supplies food direct to consumers, or supplies food to another business; an “ operator ” (“ gweithredwr ”) of a food business establishment means a person concerned with the management of the establishment. 6 The Welsh Ministers may by regulations— a amend the definition of a food business establishment, including to expand the category of establishment that may be inspected; b amend the definition of a food authority (for example, to include other bodies). Food hygiene ratings 3 1 Where a food business establishment has been inspected in accordance with section 2, a food authority must assess the food hygiene standards of the establishment and produce a rating (a “food hygiene rating”) for that establishment scored against criteria set out by the FSA (the “rating criteria”). 2 The Welsh Ministers may by regulations provide for a food hygiene rating to be based on an assessment of the food hygiene standards of an establishment carried out prior to the commencement of this Act. 3 Within 14 days of an inspection, a food authority must send to the operator of the establishment— a written notification of its food hygiene rating; b a written statement of the reasons for the rating; c a food hygiene rating sticker in a form prescribed; d such other information as may be prescribed. 4 A food hygiene rating ceases to be valid in the following cases— a when an operator of an establishment has received notification of a new food hygiene rating and— i the period of 21 days for an appeal against the new food hygiene rating has expired, or ii if an appeal has been made, the appeal has been determined and the operator has received notification of the outcome; b when there has been a transfer of ownership of an establishment or an establishment has ceased trading. 5 The Welsh Ministers may prescribe that certain categories of establishment may be exempt from rating. Rating criteria 4 1 The rating criteria must include a system to score a food business establishment's hygiene standards. 2 The scoring system must include provisions based on an establishment's— a food handling practices (including temperature control); b physical environment (including its layout, cleanliness and condition); c management; d control procedures. Appeals Right of appeal 5 1 An operator of a food business establishment may appeal to the food authority against a food hygiene rating given to the establishment. 2 An appeal may be made on either or both of the following grounds— a that the rating does not properly reflect the food hygiene standards at the establishment at the time of the inspection; b that the rating criteria were not applied correctly when producing the food hygiene rating. 3 An appeal must be made within 21 days from the date of receipt of notification of the food hygiene rating. 4 An appeal must be made in writing in the prescribed form. 5 A food authority may conduct a further inspection of the establishment for the purpose of considering matters raised in an appeal. 6 A food authority must determine the appeal and notify the operator of the establishment and the FSA of its decision within 21 days from the date the appeal was received. 7 The appeal must be conducted by an authorised officer who was not involved in the assessment of the food hygiene rating that is being appealed. 8 The Welsh Ministers may, by regulations, provide for an appeal under this section to be determined by a person other than the food authority. 9 The power to make regulations includes power to— a make provision about the procedure to be followed for appeals; b make such amendments to this section in consequence of another person becoming responsible for the determination as the Welsh Ministers consider appropriate. 10 If a food authority decides to revise a food hygiene rating, when notifying the establishment of its decision it must send to the operator of the establishment— a written notification of its revised food hygiene rating; b a written statement of the reasons for the rating; c a new food hygiene rating sticker; d such other information as may be prescribed. 11 Where a food authority decides to revise a food hygiene rating, when notifying the FSA of its decision it must send to the FSA a copy of the notification and statement referred to in subsection (10). 12 There is no further right of appeal against a determination made under subsection (6). Publication and display arrangements Notification and publication of food hygiene ratings 6 1 A food authority must inform the FSA of the food hygiene rating of a food business establishment within the relevant period. 2 When informing the FSA a food authority must also provide the FSA with any further information that may be prescribed. 3 The FSA must publish the food hygiene rating and such other information as may be prescribed on its website within 7 days of being informed under subsection (1). 4 In this section, “ relevant period ” means— a if there is no appeal against the food hygiene rating, 49 days from the receipt by an operator of a food business establishment of notification of the food hygiene rating; b if an appeal is made, 28 days from the determination of the appeal. Informing the public about food hygiene ratings Requirement to display food hygiene rating stickers 7 1 When the operator of a food business establishment has received notification of its food hygiene rating, the operator must display the food hygiene rating sticker provided. 2 This requirement does not apply until— a the period of 21 days for an appeal has expired, or b if an appeal has been made, the appeal has been determined and the operator has received notification of the outcome. 3 The sticker must be displayed in the location and manner prescribed. 4 Regulations prescribing the proper location and manner for displaying a sticker may make different provision for different types of establishment (including provision about the display of a sticker at more than one location). 5 The sticker ceases to be valid when the establishment's food hygiene rating ceases to be valid. 6 If an establishment's sticker ceases to be valid, the operator must remove it from display and destroy it (unless he or she is instructed not to destroy it by an authorised officer). Requests for information about food hygiene ratings 8 1 The operator of a food business establishment must ensure that each relevant employee is aware of the establishment's food hygiene rating. 2 The operator and any relevant employee must comply with a request made by a person to be informed verbally of the establishment's food hygiene rating. 3 In this section, “ relevant employee ” means someone who— a is employed at the establishment, and b is likely, in the opinion of the operator, to be subject to a request to inform a person verbally of the establishment's food hygiene rating. Offences 9 1 An operator of a food business establishment commits an offence if, without reasonable excuse, the operator— a fails to display a valid food hygiene rating sticker in the location and manner prescribed; b displays an invalid food hygiene rating sticker; c fails to retain a valid food hygiene rating sticker; d parts with possession of a food hygiene rating sticker to any person other than an authorised officer of a food authority; 2 An operator of a food business establishment is also guilty of an offence if, without reasonable excuse— a a person's request to be informed verbally of the establishment's food hygiene rating is denied; or b a person making such a request is given false or misleading information about the establishment's food hygiene rating. 3 A food hygiene rating sticker remains the property of the food authority. 4 A person commits an offence if that person— a intentionally alters, defaces or otherwise tampers with a food hygiene rating sticker, and b does so otherwise than for the purpose of removing it from display, or destroying it, in accordance with section 7(6). Promoting food hygiene ratings 10 1 The Welsh Ministers may, by regulations, make provision about the promotion of a food business establishment's food hygiene rating by— a an operator of the establishment; b a person acting on the operator's behalf. 2 The regulations may, for example, impose duties upon an operator in relation to— a publicising the rating electronically; b publicising the rating in material promoting the food provided by the establishment. 3 The regulations may also— a create an offence; b impose a penalty (including a fixed penalty); c make provision about enforcement; d make different provision for different types of establishment. 4 In this section, a reference to an establishment's food hygiene rating includes a reference to a rating provided by virtue of section 12 (food hygiene re-ratings). Safeguards for food businesses Right to reply 11 1 A food authority must give the operator of a food business establishment the opportunity to comment on the establishment's food hygiene rating. 2 Any such comments must be made in writing and may be made to a food authority at any time while the rating is valid, whether or not an appeal is made under section 5. 3 A food authority must forward any such comments to the FSA who may publish the comments on their website with the food hygiene rating to which the comments relate. Food hygiene re-ratings 12 1 An operator of a food business establishment may request that a food authority carries out a further inspection and assessment of the food hygiene standards of the establishment for the purpose of considering whether to change its food hygiene rating (a “re-rating”). 2 A request for a re-rating must be made in the prescribed form. 3 A food authority must comply with such a request if the conditions in subsection (4) and, if applicable, the condition in subsection (5) are met. 4 The conditions in this subsection are— a any appeal against the current food hygiene rating has been determined; b the operator has notified the food authority of improvements made to hygiene standards at the establishment; c the food authority considers it reasonable to further inspect and assess the establishment in view of the improvements said to have been made; d the current food hygiene rating sticker is displayed at the establishment in accordance with the requirements of section 7; e the operator has agreed to ensure that a food authority will be given access to carry out an inspection of the establishment for the purpose of the re-rating. 5 The condition in this subsection is that the operator of the establishment has paid the reasonable costs of the re-rating, as determined by the food authority in accordance with section 13. 6 Subsection (5) does not apply if the food authority has not sought payment of those costs in advance of the inspection. 7 If the conditions in subsection (4) and, if applicable, the condition in subsection (5) have been met, a food authority must complete the inspection no later than three months after the request was received. 8 If a food authority decides that there should be no change to the current food hygiene rating, it must notify the operator of the food business establishment within 14 days of the date the inspection was completed. 9 If a food authority decides to change the food hygiene rating, within 14 days of the date the inspection was completed it must send to the operator of the establishment— a written notification of its new food hygiene rating; b a written statement of the reasons for the rating; c a new food hygiene rating sticker; d such other information as may be prescribed. 10 The requirements in section 6 (publication), section 7 (display of stickers) and section 8 (requests for information)) apply to the new food hygiene rating. 11 Section 5 (right of appeal) and section 11 (right to reply) apply to the decisions of the food authority under subsections (8) and (9). Payment of the costs of a re-rating 13 1 If a request for a re-rating has been made by an operator of a food business establishment, a food authority must calculate the reasonable costs of the re-rating. 2 Before carrying out the re-rating, the food authority must inform the operator of the costs of the re-rating and the way the costs have been calculated. 3 An operator of a food business establishment must pay the costs of the re-rating. 4 A food authority may require payment in advance of the re-rating being carried out. Powers and responsibilities Duties of Food Standards Agency 14 1 The FSA must— a in exercising its functions under this Act, have regard to guidance issued by the Welsh Ministers; b publish the matters to which a food authority must have regard when preparing and keeping under review an inspection programme under section 2 (where those matters have been approved by the Welsh Ministers); c publish the rating criteria against which a food hygiene rating is scored under section 3; d at the end of the period of 1 year beginning with the commencement of the scheme, and each subsequent period of 1 year, conduct a review of the operation of the appeals system established under section 5 during that period; e at the end of the period of 1 year beginning with the commencement of the scheme, and each subsequent period of 3 years, otherwise review the implementation and operation of the food hygiene rating scheme established under this Act during that period; f make recommendations to food authorities to assist them to comply with their responsibilities under the scheme; g promote the scheme to food business establishments and consumers in Wales; h supply food hygiene rating stickers in the prescribed form to food authorities without charge. 2 No later than 3 months after the end of the period to which a review under subsection (1)(d) relates, the FSA must lay a report before the National Assembly for Wales containing— a details of the review that was undertaken; b the recommendations for change, if any, to the appeals system it considers appropriate and its reasons for reaching that conclusion. 3 No later than 3 months after the end of the period to which a review under subsection (1)(e) relates, the FSA must lay a report before the National Assembly for Wales containing— a details of the review that was undertaken; b the recommendations for change, if any, to the food hygiene rating scheme it considers appropriate and its reasons for reaching that conclusion. 4 The FSA must send a copy of each report produced under this section to the Welsh Ministers. Other powers and responsibilities of food authorities 15 1 A food authority must send prescribed information to operators of new food business establishments in its area. 2 This information must be sent to an operator within 14 days of whichever of the following events is applicable— a the operator's establishment being registered by the food authority under Article 6 of EC Regulation 852/2004 (or equivalent alternative obligation for registering such establishments), or b the operator's establishment applying to the food authority for approval under Article 4 of EC Regulation 853/2004 (or equivalent alternative obligation for approval of such establishments). 3 In exercising its functions under this Act, a food authority must have regard to— a recommendations made by the FSA; b guidance issued by the Welsh Ministers under section 23 of this Act. 4 A food authority must make arrangements to enforce the obligations imposed by this Act on establishments in its area. 5 A food authority must review the operation of the food hygiene rating scheme in its area— a periodically, with a view to ensuring that the rating criteria are assessed fairly and consistently; b at the request of the FSA, for the purpose of assisting the FSA to evaluate the scheme as required by section 14Error: Reference source not found. Other responsibilities of operators of food business establishments 16 An operator of a food business establishment must— a provide such information as a food authority reasonably requires to enable it to produce a food hygiene rating for the establishment; b otherwise give all reasonable assistance to a food authority in order to enable it to produce a food hygiene rating and exercise its other functions under this Act. Enforcement Power of entry 17 1 An authorised officer of a food authority may, on production of the officer's written authority if demanded, enter at all reasonable hours a food business establishment for the purpose of— a producing a food hygiene rating; b carrying out a re-rating; c determining an appeal under section 5; or d enforcing any of the requirements in section 7. 2 But in the case of entry into any part of an establishment used only as a private dwelling 24 hours' notice of the intended entry must be given to the operator. Obstruction of authorised officers 18 A person who obstructs, without reasonable excuse, an authorised officer of a food authority acting in the exercise of the officer's functions commits an offence. Offences by bodies corporate 19 1 This section applies where an offence under this Act is committed by a body corporate. 2 If the offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of— a any director, manager or secretary of the body corporate, or b any person who was purporting to act in any such capacity, that director, manager, secretary or person purporting to act as such (as well as the body corporate) is guilty of the offence and liable to be proceeded against and punished accordingly. 3 The reference to the director, manager or secretary of the body corporate includes a reference— a to any similar officer of the body; b where the body is a body corporate whose affairs are managed by its members, to any officer or member of the body. Penalties 20 A person guilty of an offence under this Act is liable on summary conviction to a fine not exceeding level 3 on the standard scale. Fixed Penalties 21 1 Where an authorised officer of a food authority has reason to believe that a person has committed an offence under section 9, the officer may give a notice to the person offering the opportunity of discharging any liability to conviction for the offence by payment of a fixed penalty. 2 Where a person is given a notice under this section in respect of an offence— a no proceedings may be instituted for the offence before the end of a period specified in the notice, and b the person may not be convicted of the offence if the person pays the fixed penalty before the end of that period. 3 The Schedule (fixed penalty notices) has effect. Use of fixed penalty receipts 22 1 A food authority may use its fixed penalty receipts only for the purpose of its functions relating to the enforcement of the provisions of this Act and regulations made under it. 2 In this section “ fixed penalty receipts ” means amounts paid to a food authority under fixed penalty notices issued under section 21.. Miscellaneous and general Guidance 23 The Welsh Ministers may issue guidance— a to the FSA; b to a food authority, in relation to the exercise of their functions under this Act. Amending periods for complying with duties 24 The Welsh Ministers may, by regulations, amend any provision of this Act which specifies a period within which something must be done by substituting a different period. Interpretation 25 1 In this Act— “ authorised officer ” (“ swyddog awdurdodedig ”) means an officer authorised in writing by a food authority for the purpose of exercising any of the authority's functions under this Act; “ food authority ” (“ awdurdod bwyd ”) has the meaning in section 2; “ food business establishment ” (“ sefydliad busnes bwyd ”) has the meaning in section 2; “ food hygiene rating ” (“ sgôr hylendid bwyd ”) has the meaning in section 3; “ operator ” (“ gweithredwr ”) (of a food business establishment) has the meaning in section 2; “ prescribed ” (“ a ragnodir ”) means prescribed in regulations made by the Welsh Ministers; “ send ” (“ anfon ”) means send by post or deliver by hand; “ rating criteria ” (“ meini prawf sgorio ”) has the meaning in section 3; “ re-rating ” (“ ailsgoriad ”) has the meaning in section 12. 2 References in this Act to a food hygiene rating sticker include, where the context requires, a reference to more than one sticker. Regulations 26 1 Powers to make regulations or orders under this Act are exercisable by statutory instrument. 2 A power to make an order or regulations under this Act includes power to make such incidental, consequential, transitional or supplemental provision as the Welsh Ministers consider appropriate. 3 In the case of the power under sections 2(6), 3(2) and 3(5), this provision includes provision amending this Act. 4 Regulations under sections 2(6), 3(2), 3(5), 5(8), 6(2), 10, 24 and paragraph 3 of the Schedule may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales. 5 Other regulations made under this Act are subject to annulment pursuant to a resolution of the National Assembly for Wales. Commencement 27 1 This section comes into force at the end of the period of 2 months beginning with the day on which this Act receives Royal Assent. 2 The remaining provisions of this Act come into force on a day appointed by order made by the Welsh Ministers. 3 An order made under this section— a may appoint different days for different purposes (including different days for different categories of food business establishment); b may include such transitional, transitory or savings provision as the Welsh Ministers consider necessary or expedient. Short Title 28 The short title of this Act is the Food Hygiene Rating (Wales) Act 2013. SCHEDULE FIXED PENALTY NOTICES (Section 21) PART 1 PROCEDURE FOR FIXED PENALTY NOTICES 1 A fixed penalty notice may offer the opportunity for a person to pay a penalty of £200 (“the penalty”) within a period of 28 days beginning with the day in which the penalty notice is given. 2 A fixed penalty notice may also offer the opportunity for a person to pay a reduced penalty of £150 (“the discounted penalty”) if payment is made within a period of 14 days beginning with the day in which the penalty notice is given. 3 The Welsh Ministers may prescribe a different amount for the penalty or the discounted penalty. 4 Payment of the penalty or the discounted penalty may be made by posting a letter containing the amount of the penalty to the person described on the notice at the address so described. Payment is to be regarded as having been made at the time at which the letter would be delivered in the ordinary course of post. 5 Paragraph 4 does not prevent payment of the penalty being made by any other method. 6 If a food authority considers that a fixed penalty notice given to a person by an authorised officer acting on its behalf ought not to have been given, the food authority must give notice to that person withdrawing the fixed penalty notice. 7 If a fixed penalty notice is withdrawn— a a food authority must repay any amount which has been paid by way of penalty in pursuance of the fixed penalty notice, and b no proceedings may be brought or continued against the person who received the notice for the offence in question. 8 In any proceedings, a certificate which— a purports to be signed by or on behalf of the chief finance officer of a food authority, and b states that payment of a penalty was or was not received by a date specified in the certificate, is evidence of the facts stated. PART 2 FORM AND CONTENT OF FIXED PENALTY NOTICES 9 A fixed penalty notice must give particulars of the circumstance alleged to constitute the offence as are necessary to explain why an offence has occurred. 10 A fixed penalty notice must also state— a the name and address of the authority on whose behalf the authorised officer was acting when the officer gave the notice; b the amount of the penalty and the period for paying the penalty; c the amount of the discounted penalty and the period for which the discount applies; d the consequences of not paying the penalty before the end of the penalty payment period; e the person to whom and the address at which the penalty or discounted penalty may be paid; f by what method payment may be made; g the person to whom and the address at which any representations relating to the notice may be made. 11 A fixed penalty notice must also— a inform the person to whom it is given of his or her right to be tried for the alleged offence, and b explain how that right may be exercised. S. 3(2)(3)(c)(d)(5) in force for specified purposes at 28.10.2013 by S.I. 2013/2617 , art. 2(a) S. 5(4)(10)(d) in force for specified purposes at 28.10.2013 by S.I. 2013/2617 , art. 2(b) S. 6(2) (3) in force for specified purposes at 28.10.2013 by S.I. 2013/2617 , art. 2(c) S. 7(3) (4) in force for specified purposes at 28.10.2013 by S.I. 2013/2617 , art. 2(d) S. 12(2)(9)(d) in force for specified purposes at 28.10.2013 by S.I. 2013/2617 , art. 2(e) S. 15(1) in force for specified purposes at 28.10.2013 by S.I. 2013/2617 , art. 2(f) S. 1 in force at 28.11.2013 by S.I. 2013/2617 , art. 3(a) S. 2(1)-(4)(6) in force at 28.11.2013 by S.I. 2013/2617 , art. 3(b) S. 2(5) in force for specified purposes at 28.11.2013 by S.I. 2013/2617 , art. 3(b) S. 3(2)(3)(c)(d)(5) in force in so far as not already in force at 28.11.2013 by S.I. 2013/2617 , art. 3(c) S. 3(1)(3)(a)(b)(4) in force at 28.11.2013 by S.I. 2013/2617 , art. 3(c) S. 4 in force at 28.11.2013 by S.I. 2013/2617 , art. 3(d) S. 5(4)(10)(d) in force in so far as not already in force at 28.11.2013 by S.I. 2013/2617 , art. 3(e) S. 5(1)-(3)(5)-(9)(10)(a)-(c)(11)(12) in force at 28.11.2013 by S.I. 2013/2617 , art. 3(e) S. 6(2) (3) in force in so far as not already in force at 28.11.2013 by S.I. 2013/2617 , art. 3(e) S. 6(1) (4) in force at 28.11.2013 by S.I. 2013/2617 , art. 3(e) S. 7(3) (4) in force in so far as not already in force at 28.11.2013 by S.I. 2013/2617 , art. 3(e) S. 7(1) (2) (5) (6) in force at 28.11.2013 by S.I. 2013/2617 , art. 3(e) S. 8 in force at 28.11.2013 by S.I. 2013/2617 , art. 3(f) S. 9 in force at 28.11.2013 by S.I. 2013/2617 , art. 3(f) S. 10 in force at 28.11.2013 by S.I. 2013/2617 , art. 3(f) S. 11 in force at 28.11.2013 by S.I. 2013/2617 , art. 3(f) S. 12(2)(9)(d) in force in so far as not already in force at 28.11.2013 by S.I. 2013/2617 , art. 3(g) S. 12(1)(3)-(8)(9)(a)-(c)(10)(11) in force at 28.11.2013 by S.I. 2013/2617 , art. 3(g) S. 13 in force at 28.11.2013 by S.I. 2013/2617 , art. 3(h) S. 14 in force at 28.11.2013 by S.I. 2013/2617 , art. 3(h) S. 15(1) in force in so far as not already in force at 28.11.2013 by S.I. 2013/2617 , art. 3(i) S. 15(2)-(5) in force at 28.11.2013 by S.I. 2013/2617 , art. 3(i) S. 16 in force at 28.11.2013 by S.I. 2013/2617 , art. 3(j) S. 17 in force at 28.11.2013 by S.I. 2013/2617 , art. 3(j) S. 18 in force at 28.11.2013 by S.I. 2013/2617 , art. 3(j) S. 19 in force at 28.11.2013 by S.I. 2013/2617 , art. 3(j) S. 20 in force at 28.11.2013 by S.I. 2013/2617 , art. 3(j) S. 21 in force at 28.11.2013 by S.I. 2013/2617 , art. 3(j) S. 22 in force at 28.11.2013 by S.I. 2013/2617 , art. 3(j) S. 23 in force at 28.11.2013 by S.I. 2013/2617 , art. 3(j) S. 24 in force at 28.11.2013 by S.I. 2013/2617 , art. 3(j) S. 25 in force at 28.11.2013 by S.I. 2013/2617 , art. 3(j) S. 26 in force at 28.11.2013 by S.I. 2013/2617 , art. 3(j) S. 28 in force at 28.11.2013 by S.I. 2013/2617 , art. 3(k) Sch. para. 1 in force at 28.11.2013 by S.I. 2013/2617 , art. 3(l) Sch. para. 2 in force at 28.11.2013 by S.I. 2013/2617 , art. 3(l) Sch. para. 3 in force at 28.11.2013 by S.I. 2013/2617 , art. 3(l) Sch. para. 4 in force at 28.11.2013 by S.I. 2013/2617 , art. 3(l) Sch. para. 5 in force at 28.11.2013 by S.I. 2013/2617 , art. 3(l) Sch. para. 6 in force at 28.11.2013 by S.I. 2013/2617 , art. 3(l) Sch. para. 7 in force at 28.11.2013 by S.I. 2013/2617 , art. 3(l) Sch. para. 8 in force at 28.11.2013 by S.I. 2013/2617 , art. 3(l) Sch. para. 9 in force at 28.11.2013 by S.I. 2013/2617 , art. 3(l) Sch. para. 10 in force at 28.11.2013 by S.I. 2013/2617 , art. 3(l) Sch. para. 11 in force at 28.11.2013 by S.I. 2013/2617 , art. 3(l) S. 2(5) in force in so far as not already in force at 28.11.2014 by S.I. 2014/3089 , art. 2 S. 22(1) substituted (4.10.2017) by Public Health (Wales) Act 2017 (anaw 2) , ss. 119 , 126(2) ; S.I. 2017/949 , art. 2(c)
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[uk-legislation-anaw][anaw] 2024-05-05
http://www.legislation.gov.uk/anaw/2018/4/2018-08-15
http://www.legislation.gov.uk/anaw/2018/4/2018-08-15 Regulation of Registered Social Landlords (Wales) Act 2018 An Act of the National Assembly for Wales to make provision about the regulation of registered social landlords by the Welsh Ministers and local authorities. text text/xml en Statute Law Database 2024-04-02 Expert Participation 2018-08-15 Regulation of Registered Social Landlords (Wales) Act 2018 2018 anaw 4 An Act of the National Assembly for Wales to make provision about the regulation of registered social landlords by the Welsh Ministers and local authorities. [13 June 2018] Having been passed by the National Assembly for Wales and having received the assent of Her Majesty, it is enacted as follows: Overview Overview of this Act 1 1 This Act makes provision in respect of registered social landlords by amending existing Acts, including in particular the Housing Act 1996 (c. 52). 2 Sections 3 to 5 make provision about requirements to be complied with when certain changes are made in respect of the constitutional arrangements or structure of a registered social landlord. 3 Sections 6 to 9 make provision about the Welsh Ministers' power to intervene in respect of the officers or management of a registered social landlord. 4 Section 10 makes provision about the Welsh Ministers' powers in respect of inquiries into registered social landlords. 5 Sections 11 and 12 make provision about enforcement notices and penalties. 6 Sections 13 to 15 make provision about disposals of land by registered social landlords. 7 Section 16 introduces Schedule 1, making provision limiting local authority influence on the boards of registered social landlords. 8 Sections 17 to 20 contain general provisions applicable to the Act, including provision about the power to make consequential amendments, and the coming into force of the Act. Interpretation Meaning of the “1996 Act” 2 References in this Act to the “1996 Act” are to the Housing Act 1996 (c. 52). Notification by registered social landlord of constitutional changes, etc. Change of rules or articles 3 1 Schedule 1 to the 1996 Act is amended as follows. 2 In paragraph 9 (change of rules of registered society), for sub-paragraphs (2) to (5) substitute— 2 The registered society must notify the Welsh Ministers of any amendment to its rules (including a change in its registered office or name). 3 The reference in sub-paragraph (2) to an amendment to the rules of a society is to be interpreted in accordance with section 149 of the Co-operative and Community Benefit Societies Act 2014 (c. 14). 3 In paragraph 11 (change of company articles), for sub-paragraphs (2) to (4) substitute— 2 The company must notify the Welsh Ministers of any change to— a its name; b the address of its registered office; c its articles of association. Amalgamation and other structural changes 4 1 Schedule 1 to the 1996 Act is amended as follows. 2 In paragraph 12 (amalgamation and dissolution), in sub-paragraph (2)— a for “The Financial Conduct Authority shall not register a special resolution which is” substitute “ The society must notify the Welsh Ministers of a special resolution which it has ” , and b omit the words from “unless” to the end of the sub-paragraph. 3 In paragraph 12, after sub-paragraph (2) insert— 2A On giving notification under sub-paragraph (2), a society must also provide the Welsh Ministers with a statement about the consultation carried out by the society with its tenants before passing the resolution to which the notification relates. 2B But the requirement in sub-paragraph (2A) does not apply in respect of a resolution passed for the purposes of paragraph (a) of section 112(1) of the 2014 Act (conversion of society into a company). 4 In paragraph 12, in sub-paragraph (4), for the words from “the resolution has no effect” to the end of the sub-paragraph substitute “ the society must notify the Welsh Ministers of the resolution. ” 5 In paragraph 12, for sub-paragraph (5) substitute— 5 If an instrument of dissolution is approved in accordance with section 119(3) of the 2014 Act (dissolution of society by instrument), the society to which the instrument relates must notify the Welsh Ministers of the approval. 6 In paragraph 12, omit sub-paragraph (6). 7 In paragraph 13 (arrangement, reconstruction, etc.), for sub-paragraphs (2) to (5) substitute— 2 If a court makes an order under section 899 of the Companies Act 2006 (sanction of compromise or arrangement with creditors or members) in relation to the company, the company must notify the Welsh Ministers of the order. 3 If a court makes an order under section 900 of the Companies Act 2006 (powers of court to facilitate reconstruction or amalgamation) in relation to the company, the company must notify the Welsh Ministers of the order. 4 If the company passes a resolution under section 115 of the Co-operative and Community Benefit Societies Act 2014 (conversion of company into registered society), the company must notify the Welsh Ministers of the resolution. 5 If a voluntary arrangement is proposed under Part 1 of the Insolvency Act 1986 in relation to a company, the company must notify the Welsh Ministers of the proposal. 8 In paragraph 13, in sub-paragraph (6), for the words from “the resolution has no effect” to the end of the sub-paragraph substitute “ the company must notify the Welsh Ministers of the resolution. ” 9 In paragraph 13, omit sub-paragraph (7). 10 Omit paragraph 14 (Welsh Ministers' power to petition for winding up). Directions about notifications to be given to Welsh Ministers 5 In Schedule 1 to the 1996 Act, after paragraph 13 insert— Directions to registered social landlords about notifications 13A 1 The Welsh Ministers may give directions to registered social landlords about— a the delivery, form and content of a notification given to the Welsh Ministers under paragraph 9, 11, 12 or 13; b the deadline for giving a notification referred to in paragraph (a). 2 The Welsh Ministers may give directions to registered social landlords dispensing with a requirement to give a notification referred to in sub-paragraph (1)(a). 3 A direction under this paragraph may be given generally in respect of all registered social landlords, or in respect of a particular registered social landlord or a particular type of registered social landlord, and may make provision about notifications generally, or about particular notifications or types of notification. 4 A direction may vary or revoke a previous direction under this paragraph. 5 A registered social landlord must comply with a direction under this paragraph. Powers exercisable in respect of officers and management of registered social landlord Removal or appointment of officer of registered social landlord 6 1 Schedule 1 to the 1996 Act is amended as follows. 2 In paragraph 4 (Welsh Ministers' power to remove officer), in sub-paragraph (2)(g), for “proper management of the registered social landlord's affairs” substitute “ registered social landlord's compliance with a requirement imposed by or under an enactment ” . 3 In paragraph 6 (power to appoint officer of registered charity), in sub-paragraph (1)(c), for “for the proper management of the charity's affairs to have an additional officer” substitute “ to have an additional officer in order to ensure that the charity complies with a requirement imposed by or under an enactment ” . 4 In paragraph 7 (power to appoint officer of company), in sub-paragraph (1)(c), for “for the proper management of the company's affairs to have an additional officer” substitute “ to have an additional officer in order to ensure that the company complies with a requirement imposed by or under an enactment ” . 5 In paragraph 8 (power to appoint officer of registered society), in sub-paragraph (1)(c), for “for the proper management of the society's affairs to have an additional officer” substitute “ to have an additional officer in order to ensure that the society complies with a requirement imposed by or under an enactment ” . Tender or transfer of registered social landlord's management functions 7 1 Schedule 1 to the 1996 Act is amended as follows. 2 In paragraph 15B (management tender), in sub-paragraph (1), for the words from “that” to the end of the sub-paragraph substitute “ that a registered social landlord has failed to comply with a requirement imposed by or under an enactment. ” 3 In paragraph 15B, in sub-paragraph (2), for “where the misconduct or mismanagement” substitute “ if the failure ” . 4 In paragraph 15D (management transfer), in sub-paragraph (1), for the words from “that” to the end of the sub-paragraph substitute “ that a registered social landlord has failed to comply with a requirement imposed by or under an enactment. ” 5 In paragraph 15D, for sub-paragraph (2) substitute— 2 But this paragraph does not apply if the failure relates only to the registered social landlord's provision of housing in England. Appointment of manager of registered social landlord 8 1 In Schedule 1 to the 1996 Act, paragraph 15F (appointment of manager) is amended as follows. 2 In sub-paragraph (1), for the words from “that” to the end of the sub-paragraph substitute “ that a registered social landlord has failed to comply with a requirement imposed by or under an enactment. ” 3 In sub-paragraph (2), for “where the misconduct or mismanagement” substitute “ if the failure ” . Amalgamation effected by Welsh Ministers 9 1 In Schedule 1 to the 1996 Act, paragraph 15H (amalgamation) is amended as follows. 2 In sub-paragraph (1), for the words from “that” to the end of the sub-paragraph substitute “ that a registered social landlord which is a registered society has failed to comply with a requirement imposed by or under an enactment. ” 3 For sub-paragraph (2) substitute— 2 But this paragraph does not apply if the failure relates only to the registered social landlord's provision of housing in England. Powers exercisable in respect of inquiries etc. Inquiries and reports 10 1 Schedule 1 to the 1996 Act is amended as follows. 2 In paragraph 20 (Welsh Ministers' power to direct inquiry), in sub-paragraph (1), for “there may have been misconduct or mismanagement” substitute “ the registered social landlord may have failed to comply with a requirement imposed by or under an enactment. ” 3 In paragraph 23 (powers exercisable on interim basis), in sub-paragraph (1)— a for paragraph (a)(i) substitute— i that a registered social landlord has failed to comply with a requirement imposed by or under an enactment, and ; and b in paragraph (b), for the words from “there” to the end of that paragraph substitute “ a registered social landlord has failed to comply with a requirement imposed by or under an enactment. ” 4 In paragraph 23, in sub-paragraph (2)(a), for “misconduct or mismanagement” substitute “ failure ” . 5 In paragraph 24 (powers exercisable as result of final report or audit), in sub-paragraph (1), for the words from “there” to “landlord” substitute “ a registered social landlord has failed to comply with a requirement imposed by or under an enactment ” . 6 In paragraph 24, in sub-paragraph (2)(a), for “misconduct or mismanagement” substitute “ failure ” . 7 In paragraph 27 (power to direct transfer of land), for sub-paragraph (1)(a) substitute— a that it has failed to comply with a requirement imposed by or under an enactment, and . Enforcement notices and penalties Enforcement notices 11 1 Section 50C of the 1996 Act (enforcement notices) is amended as follows. 2 For subsection (3) substitute— 3 Case 2 is where the registered social landlord has failed to comply with a requirement imposed by or under an enactment. 3 After subsection (10) insert— 10A But Case 2 is not to be treated as applying if any of the other cases listed in this section applies. Requirement to pay a penalty 12 1 Section 50H of the 1996 Act (cases in which penalty may be imposed) is amended as follows. 2 For subsection (3) substitute— 3 Case 2 is where the registered social landlord has failed to comply with a requirement imposed by or under an enactment. 3 After subsection (6) insert— 6A But Case 2 is not to be treated as applying if any of the other cases listed in this section applies. Disposals of land Disposal of land: consent 13 1 In the Housing Act 1985 (c. 68), in section 171D (subsequent dealings: qualifying dwelling house), in subsection (2ZA), after “housing” insert “ or by a registered social landlord ” . 2 In the Housing Act 1988 (c. 50), omit section 81 (consent required for certain subsequent disposals). 3 Section 133 of the Housing Act 1988 (consents required for subsequent disposals) is amended as follows. 4 In subsection (1), omit “as defined in section 81(8) above”. 5 In subsection (1B), after “housing” insert “ or to a body registered as a registered social landlord under Chapter 1 of Part 1 of the Housing Act 1996. ” 6 In subsection (7), omit “9 or”. 7 After subsection (10), insert— 11 In this section “ exempt disposal ” means— a the disposal of a dwelling-house to a person having the right to buy it under Part 5 of the Housing Act 1985 (whether the disposal is in fact made under that Part or otherwise); b a compulsory disposal, within the meaning of Part 5 of the Housing Act 1985; c the disposal of an easement or rentcharge; d the disposal of an interest by way of security for a loan; e the grant of a secure tenancy or what would be a secure tenancy but for any of paragraphs 2 to 12 of Schedule 1 to the Housing Act 1985; f the grant of an assured tenancy or an assured agricultural occupancy, within the meaning of Part 1 of this Act, or what would be such a tenancy or occupancy but for any of paragraphs 4 to 8 of Schedule 1 to this Act; g the transfer of an interest held on trust for any person where the disposal is made in connection with the appointment of a new trustee or in connection with the discharge of any trustee. Disposal of land: notification 14 In the 1996 Act, for section 9 substitute— Notification to Welsh Ministers of disposal of land 9 1 If a registered social landlord disposes of land under section 8, the landlord must notify the Welsh Ministers. 2 For the purposes of this section disposing of land means selling it, leasing it, mortgaging it, making it subject to a charge, or disposing of it in any other way. 3 The Welsh Ministers may give directions to registered social landlords about— a the delivery, form and content of notification under this section; b the deadline for giving notification under this section. 4 The Welsh Ministers may give directions to registered social landlords dispensing with a requirement to give notification under this section. 5 A direction under this section may be given generally in respect of all registered social landlords, or in respect of a particular registered social landlord or a particular type of registered social landlord, and may make provision about notifications generally, or about particular notifications or types of notification. 6 A direction may vary or revoke a previous direction under this section. 7 A registered social landlord must comply with a direction under this section. Disposal proceeds fund 15 In the 1996 Act, omit— a section 24 (disposal proceeds fund); b section 25 (application or appropriation of disposal proceeds); c section 26 (disposal proceeds: power to require information). Board membership and voting rights Limit on local authority board membership and voting rights 16 Schedule 1 to this Act inserts a new Chapter 1A into Part 1 of the 1996 Act (social rented sector regulated by the Welsh Ministers), limiting local authorities' powers in respect of the membership of the board of a registered social landlord and their voting rights. General Minor and consequential amendments 17 Schedule 2 contains minor and consequential amendments. Power to make further consequential amendments etc. 18 1 The Welsh Ministers may by regulations make such provision amending, repealing or revoking any enactment as they consider appropriate in consequence of any provision made by or under this Act, or for the purpose of giving full effect to any provision made by or under this Act. 2 In this section, “ enactment ” means a provision contained in any of the following, whenever enacted or made— a an Act of Parliament; b a Measure or Act of the National Assembly for Wales; c any instrument made under an Act within paragraph (a), or an Act or Measure within paragraph (b). 3 Regulations under this section— a are to be made by statutory instrument; b may include transitional, transitory or saving provision. 4 A statutory instrument containing regulations under this section which amend or repeal any provision of an Act of Parliament, or a Measure or Act of the National Assembly for Wales, may not be made unless a draft of the instrument has been laid before, and approved by resolution of, the National Assembly for Wales. 5 Any other instrument containing regulations under this section is subject to annulment in pursuance of a resolution of the National Assembly for Wales. Coming into force 19 1 This section and section 20 come into force on the day after the day on which this Act receives Royal Assent. 2 The other provisions of this Act come into force on such day as the Welsh Ministers may appoint by order made by statutory instrument. 3 An order under subsection (2) may— a appoint different days for different purposes; b make transitional, transitory or saving provision in connection with the coming into force of a provision in this Act. Short title 20 The short title of this Act is the Regulation of Registered Social Landlords (Wales) Act 2018. SCHEDULE 1 LIMIT ON LOCAL AUTHORITY BOARD MEMBERSHIP AND VOTING RIGHTS (introduced by section 16) In Part 1 of the 1996 Act, after Chapter 1 insert— Chapter 1A BOARD MEMBERSHIP AND VOTING RIGHTS General Meaning of key terms used in this Chapter 7A 1 References in this Chapter to the board of a registered social landlord are— a in the case of a registered social landlord that is a company (including a company that is a registered charity), references to the company's board of directors; b in the case of a registered social landlord that is a registered charity (but is not a company), references to the charity's board of trustees; c in the case of a registered social landlord that is a registered society, references to the society's committee. 2 References in this Chapter to board members, in relation to a registered social landlord, are to members of the registered social landlord's board. 3 References in this Chapter to local authority appointees, in relation to the board of a registered social landlord, are to persons appointed to the board, or nominated for appointment to the board, by a local authority. Limit on local authority appointees to board Limit on local authority appointments to board 7B 1 No appointment within subsection (2) may be made to the board of a registered social landlord on or after the day on which this section comes into force. 2 An appointment is within this subsection if its effect, but for this section, would be that more than 24 per cent of the board members of the registered social landlord would be local authority appointees. 3 To the extent that any provision in the constitution or rules of a registered social landlord would, but for this subsection, conflict with subsection (1) or (2), that provision is to be treated as having no effect. Removal of local authority appointees to comply with 24 per cent limit 7C 1 This section applies in respect of a registered social landlord if, on the commencement date, more than 24 per cent of the board members of the registered social landlord are local authority appointees. 2 The registered social landlord must remove local authority appointees from the board to the extent it is necessary to do so to comply with the 24 per cent limit. 3 The registered social landlord must comply with the duty in subsection (2) before the expiry of the 4 month period but, subject to subsection (5), the landlord may not remove an appointee until after the 2 month period expires. 4 A local authority may, before the expiry of the 2 month period, give notice to the registered social landlord specifying local authority appointees appointed or nominated by that authority who are to be removed from the board in order to comply with the 24 per cent limit. 5 Where notice has been given in accordance with subsection (4) the registered social landlord, in complying with subsection (2), must remove the specified local authority appointees from the board (and may do so before the expiry of the 2 month period). 6 Where notice has not been given in accordance with subsection (4) the registered social landlord, in complying with subsection (2), must select the local authority appointees who are to be removed from the board. 7 In this section— “ commencement date ” means the day on which this section comes into force; “ 2 month period ” means the period of 2 months beginning with the commencement date; “ 4 month period ” means the period of 4 months beginning with the commencement date; references to complying with the 24 per cent limit, in relation to the board of a registered social landlord, are to ensuring that no more than 24 per cent of the members of the board of the registered social landlord are local authority appointees. Procedure for selection by registered social landlord of local authority appointees for removal 7D 1 The selection under section 7C(6) of a local authority appointee for removal from the board of a registered social landlord is to be effected by a majority vote of the votes cast by board members who are not local authority appointees. 2 To the extent that any provision in the constitution or rules of the landlord would, but for this subsection, conflict with subsection (1), that provision is to be treated as having no effect for the purposes of section 7C. Quorum and voting rights of board members Board quorum: no requirement for local authority appointee 7E 1 To the extent that any provision of the constitution or rules of a registered social landlord is within subsection (2), it is to be treated as having no effect. 2 Provision is within this subsection if, but for this section, it would require the presence of one or more local authority appointees in order for a meeting of the board of the registered social landlord to be quorate. Board resolutions: 75 per cent threshold 7F 1 To the extent that any provision in the constitution or rules of a registered social landlord is within subsection (2), subsection (3) applies in respect of that provision. 2 Provision is within this section if, but for this section, it would permit a resolution of the board of the registered social landlord to be passed only if more than 75 per cent of the votes cast by the board are in favour of the resolution. 3 The provision is to be treated as requiring only 75 per cent of the votes cast by the board to be in favour of the resolution. Consent to constitutional change Constitutional changes: no requirement for local authority consent and no power of veto 7G 1 To the extent that any provision of the constitution or rules of a registered social landlord is within subsection (2), it is to be treated as having no effect. 2 Provision is within this subsection if, but for this section, it would— a require the consent of a local authority, or of a local authority appointee, to a change to the constitution or rules of the registered social landlord, or b confer on a local authority, or a local authority appointee, power to veto a change within paragraph (a). Voting rights of members of registered social landlord Voting rights of local authorities 7H 1 This section applies if a local authority is a member of a registered social landlord. 2 To the extent that any provision in the constitution or rules of the registered social landlord would confer on the local authority the right, as a member of the registered social landlord, to vote on resolutions of the registered social landlord, that provision is to be treated as having no effect. Provision in agreements that is to be treated as having no effect 7I To the extent that any provision in an agreement between a registered social landlord and another person would, if it were included in the constitution or rules of the registered social landlord, be treated as having no effect by virtue of this Chapter, that provision of the agreement is to be treated as having no effect. Wholly controlled subsidiaries: power to disapply this Chapter Power to disapply provisions of this Chapter 7J 1 The Welsh Ministers may by order provide that provisions of this Chapter specified in the order are not to apply to registered social landlords that are wholly controlled local authority subsidiaries. 2 A registered social landlord is a wholly controlled local authority subsidiary if— a it is a company or registered society; b all of its members are within subsection (3), and c one or more of the conditions in subsection (4) (in the case of a company) or in subsection (5) (in the case of a registered society) is met. 3 A person is within this subsection if the person is— a a local authority; b a company or registered society that is a subsidiary of a local authority (see subsection (6)); c a person acting on behalf of a person within paragraph (a) or (b). 4 The conditions are— a a local authority has power to appoint or remove all or a majority of the board of directors; b a local authority holds more than half in nominal value of the company's equity share capital; c the company is a subsidiary, within the meaning of the Companies Act 2006 or Part 7 of the Co-operative and Community Benefit Societies Act 2014, of a company or a registered society that is a subsidiary of a local authority by virtue of meeting the condition in paragraph (a) or (b) or in subsection (5)(a). 5 The conditions are— a a local authority has power to appoint or remove all or a majority of the members of the committee of management of the society; b the society is a subsidiary, within the meaning of the Companies Act 2006 or Part 7 of the Co-operative and Community Benefit Societies Act 2014, of a company or a registered society that is a subsidiary of a local authority by virtue of meeting the condition in paragraph (a) or in subsection (4)(a) or (b). 6 For the purposes of subsection (3)(b), a company or registered society is a subsidiary of a local authority if one or more of the conditions in subsection (4) (in the case of a company) or subsection (5) (in the case of a registered society) is met. 7 The Welsh Ministers may by order make provision for a registered social landlord of a description specified in the order to be treated as being a wholly controlled local authority subsidiary for the purposes of this section and any order made under it. 8 An order under this section is to be made by statutory instrument subject to annulment in pursuance of a resolution of the National Assembly for Wales. SCHEDULE 2 MINOR AND CONSEQUENTIAL AMENDMENTS (introduced by section 17) Leasehold Reform, Housing and Urban Development Act 1993 (c. 28) 1 In paragraph 1(2) of Schedule 10 to the Leasehold Reform, Housing and Urban Development Act 1993 (acquisition of interests from local authorities)— a in paragraph (ba), for “sections 9 and” substitute “ section ” ; b in paragraph (c), omit “and section 81 of that Act (certain subsequent disposals); and”. Housing Act 1996 (c. 52) 2 The 1996 Act is amended as follows. 3 In section 8 (power of registered social landlord to dispose of land), in subsection (3), for “(control by Welsh Ministers of land transactions)” substitute “ (notification to Welsh Ministers of disposal of land) ” . 4 In the italic cross-heading before section 9, for “Control by Welsh Ministers of” substitute “ Requirements relating to ” . 5 Omit section 10 (disposals not requiring consent). 6 In section 11 (covenant for repayment of discount on disposal), in subsection (1)— a omit “, in accordance with a consent given by the Welsh Ministers under section 9,”; b omit “and the consent does not provide otherwise,”. 7 In section 12A (right of first refusal for registered social landlord), in subsection (1)— a omit “, in accordance with a consent given by the Welsh Ministers under section 9,“ ; b omit “and the consent does not provide otherwise,”. 8 In section 13 (restriction on disposal of houses in National Parks etc.), in subsection (1), omit “, in accordance with a consent given by the Welsh Ministers under section 9,”. 9 In section 16 (right of tenant to acquire dwelling), in subsection (2)(b), for “(see section 25)” substitute “ maintained under this Act prior to the coming into force of section 15 of the Regulation of Registered Social Landlords (Wales) Act 2018 ” . 10 In section 36 (guidance about the management of housing in England), omit subsection (7). 11 In section 42 (moratorium on disposal of land), for subsection (3) substitute— 3 Consent is not required under this section for— a a letting of land under an assured tenancy or an assured agricultural occupancy, or what would be an assured tenancy or an assured agricultural occupancy but for any of paragraphs 4 to 8, or paragraph 12(1)(h), or any of paragraphs 12ZA to 12B, of Schedule 1 to the Housing Act 1988; b a letting of land under a secure tenancy or what would be a secure tenancy but for any of paragraphs 2 to 12 of Schedule 1 to the Housing Act 1985; c a disposal under Part 5 of the Housing Act 1985 (the right to buy) or under the right conferred by section 16 (the right to acquire). 12 In section 52 (general provisions as to orders), in subsection (1), after “section 2,” insert “ 7J, ” . 13 In section 63, in the appropriate place, insert “ “ notify ” means notify in writing; ” . 14 In Schedule 1 (registered social landlords, regulation), in paragraph 25, in sub-paragraph (1)(a), omit “for misconduct or mismanagement”. 15 In Schedule 1, in paragraph 28— a in sub-paragraph (4)(b), omit “in connection with misconduct or mismanagement”; b in sub-paragraph (4)(c), omit “in connection with misconduct or mismanagement”. S. 1 in force at 15.6.2018 by S.I. 2018/777 , art. 2(a) S. 2 in force at 15.6.2018 by S.I. 2018/777 , art. 2(b) S. 18 in force at 15.6.2018 by S.I. 2018/777 , art. 2(c) S. 3 in force at 15.8.2018 by S.I. 2018/777 , art. 3(a) S. 4 in force at 15.8.2018 by S.I. 2018/777 , art. 3(a) S. 5 in force at 15.8.2018 by S.I. 2018/777 , art. 3(a) S. 6 in force at 15.8.2018 by S.I. 2018/777 , art. 3(b) S. 7 in force at 15.8.2018 by S.I. 2018/777 , art. 3(b) S. 8 in force at 15.8.2018 by S.I. 2018/777 , art. 3(b) S. 9 in force at 15.8.2018 by S.I. 2018/777 , art. 3(b) S. 10 in force at 15.8.2018 by S.I. 2018/777 , art. 3(c) S. 11 in force at 15.8.2018 by S.I. 2018/777 , art. 3(d) S. 12 in force at 15.8.2018 by S.I. 2018/777 , art. 3(d) S. 13 in force at 15.8.2018 by S.I. 2018/777 , art. 3(e) S. 14 in force at 15.8.2018 by S.I. 2018/777 , art. 3(e) S. 15 in force at 15.8.2018 by S.I. 2018/777 , art. 3(e) (with art. 4 ) S. 16 in force at 15.8.2018 by S.I. 2018/777 , art. 3(f) S. 17 in force at 15.8.2018 by S.I. 2018/777 , art. 3(g) Sch. 1 in force at 15.8.2018 by S.I. 2018/777 , art. 3(f) Sch. 2 para. 1 in force at 15.8.2018 by S.I. 2018/777 , art. 3(g) Sch. 2 para. 2 in force at 15.8.2018 by S.I. 2018/777 , art. 3(g) Sch. 2 para. 3 in force at 15.8.2018 by S.I. 2018/777 , art. 3(g) Sch. 2 para. 4 in force at 15.8.2018 by S.I. 2018/777 , art. 3(g) Sch. 2 para. 5 in force at 15.8.2018 by S.I. 2018/777 , art. 3(g) Sch. 2 para. 6 in force at 15.8.2018 by S.I. 2018/777 , art. 3(g) Sch. 2 para. 7 in force at 15.8.2018 by S.I. 2018/777 , art. 3(g) Sch. 2 para. 8 in force at 15.8.2018 by S.I. 2018/777 , art. 3(g) Sch. 2 para. 9 in force at 15.8.2018 by S.I. 2018/777 , art. 3(g) Sch. 2 para. 10 in force at 15.8.2018 by S.I. 2018/777 , art. 3(g) Sch. 2 para. 11 in force at 15.8.2018 by S.I. 2018/777 , art. 3(g) Sch. 2 para. 12 in force at 15.8.2018 by S.I. 2018/777 , art. 3(g) Sch. 2 para. 13 in force at 15.8.2018 by S.I. 2018/777 , art. 3(g) Sch. 2 para. 14 in force at 15.8.2018 by S.I. 2018/777 , art. 3(g) Sch. 2 para. 15 in force at 15.8.2018 by S.I. 2018/777 , art. 3(g)
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[uk-legislation-anaw][anaw] 2024-05-05
http://www.legislation.gov.uk/anaw/2017/3/2022-09-09
http://www.legislation.gov.uk/anaw/2017/3/2022-09-09 Landfill Disposals Tax (Wales) Act 2017 An Act of the National Assembly for Wales to make provision about the taxation of disposals of material as waste by way of landfill; and for connected purposes. text text/xml en Statute Law Database 2022-12-21 Expert Participation 2022-09-09 Landfill Disposals Tax (Wales) Act 2017 Deddf Treth Gwarediadau Tirlenwi (Cymru) 2017 s. 60(4)(a) Data Protection Act 2018 Sch. 19 para. 225(2)(b) s. 117 209 210 s. 212(1) reg. 2(1)(g) Landfill Disposals Tax (Wales) Act 2017 Deddf Treth Gwarediadau Tirlenwi (Cymru) 2017 s. 60(8) Data Protection Act 2018 Sch. 19 para. 225(3)(b) s. 117 209 210 s. 212(1) reg. 2(1)(g) Landfill Disposals Tax (Wales) Act 2017 2017 anaw 3 An Act of the National Assembly for Wales to make provision about the taxation of disposals of material as waste by way of landfill; and for connected purposes. [7 September 2017] Having been passed by the National Assembly for Wales and having received the assent of Her Majesty, it is enacted as follows: PART 1 OVERVIEW Overview of Act 1 1 This Part provides an overview of this Act. 2 Part 2— a makes provision for a tax (landfill disposals tax) to be charged on taxable disposals, b explains what a taxable disposal is, and c makes provision about disposals that are exempted from the tax. 3 Part 3 makes provision about how the tax is to be charged on taxable disposals made at authorised landfill sites. It includes provision about— a the persons on whom the tax is chargeable, b how the amount of tax chargeable on a taxable disposal is to be calculated, c taxable disposals for which relief from the tax may be claimed, d registration and accounting requirements, and e payment, recovery and repayment of the tax. 4 Part 4 makes provision about how the tax is to be charged on taxable disposals made at places other than authorised landfill sites. It includes provision about— a how the amount of tax chargeable on a taxable disposal is to be calculated, b the persons on whom the tax may be charged, c the procedure by which tax is charged on a person, d payment of the tax, and e late payment interest on unpaid tax. 5 Part 5 makes supplementary provision in connection with the tax. It includes provision— a enabling regulations to be made about circumstances in which a person is to be entitled to credit in respect of the tax, b about the creation of non-disposal areas within authorised landfill sites, c about the inspection of premises and information sharing, d about penalties, e about the application of the provisions of this Act and the Tax Collection and Management (Wales) Act 2016 (anaw 6) in special cases (for example, in the case of corporate groups, partnerships and unincorporated associations), and f about other miscellaneous matters. 6 Part 5 also makes provision for a Landfill Disposals Tax Communities Scheme. 7 Part 6 contains provision that applies generally for the purposes of this Act (including provision about the interpretation of this Act). PART 2 THE TAX AND TAXABLE DISPOSALS CHAPTER 1 LANDFILL DISPOSALS TAX The tax 2 1 A tax, to be known as landfill disposals tax, is to be charged on taxable disposals in accordance with this Act. 2 The Welsh Revenue Authority (“WRA”) is responsible for the collection and management of the tax. 3 References in this Act to tax (or to the tax) are references to landfill disposals tax. CHAPTER 2 TAXABLE DISPOSALS Taxable disposals 3 1 A taxable disposal is made when all of the following conditions are met. 2 Condition 1 is that there is a disposal of material by way of landfill (see section 4). 3 Condition 2 is that either— a the land where the disposal is made is, or forms part of, an authorised landfill site (see section 5(1)), or b the disposal requires an environmental permit (see section 5(2)) but the land where it is made is not, and does not form part of, an authorised landfill site. 4 Condition 3 is that the disposal is a disposal of the material as waste (see sections 6 and 7). 5 Condition 4 is that the disposal is made in Wales. 6 See also section 8 for specified landfill site activities that are to be treated as taxable disposals (whether or not the above conditions are met). Disposal of material by way of landfill 4 1 There is a disposal of material by way of landfill if material is— a deposited on the surface of land or on a structure set into the surface, or b deposited under the surface of land (for example, in a cavity such as a cavern or mine). 2 Subsection (1) applies whether or not the material is placed in a container before it is deposited. 3 Regulations may modify the meaning of a disposal of material by way of landfill (including by amending this section or any other enactment relating to the tax). Authorised landfill sites and environmental permits 5 1 Land is an authorised landfill site if an environmental permit authorising disposals of material by way of landfill is in force in relation to the land. 2 An environmental permit is a permit granted under regulations made under section 2 of the Pollution Prevention and Control Act 1999 (c. 24). Disposal of material as waste 6 1 A disposal of material is a disposal of it as waste if the person responsible for the disposal intends to discard the material. 2 An intention to discard material may be inferred from the circumstances of its disposal, and in particular from the fact (where it is the case) that the material is deposited in a landfill disposal area. 3 The following are not to be treated as inconsistent with an intention to discard material— a making a temporary use of the material, or a use of the material which is incidental to its disposal by way of landfill; b deriving a benefit from the material or from anything emitted by it (for example, using gas produced by its decomposition in electricity generation). 4 Regulations may modify the meaning of a disposal of material as waste (including by amending this section or any other enactment relating to the tax). Disposal of material as waste: person responsible for disposal 7 1 This section identifies the person responsible for a disposal of material for the purposes of section 6. 2 In the case of a disposal made at an authorised landfill site, the person responsible for the disposal is the person who is the operator of the site at the time of the disposal. 3 But if the disposal is made without the permission of the operator, the person responsible for the disposal is the person who makes the disposal. 4 The operator of an authorised landfill site is the holder of the environmental permit authorising disposals of material by way of landfill at the site. 5 In the case of a disposal made at a place that is not, and does not form part of, an authorised landfill site, the person responsible for the disposal is the person who makes the disposal. Landfill site activities to be treated as taxable disposals 8 1 The carrying out of a specified landfill site activity in Wales is to be treated as a taxable disposal of the material in relation to which the activity is carried out (whether or not the conditions in section 3 are met). 2 The taxable disposal is to be treated as being made when the specified landfill site activity is first carried out in relation to the material. 3 The following are specified landfill site activities when carried out at an authorised landfill site— a using material to create or maintain a temporary road giving access to a landfill disposal area; b using material to create or maintain a temporary hard standing; c using material to create or maintain a cell bund; d using material (other than naturally occurring material extracted from the site) to create or maintain a temporary screening bund; e using material to cover a landfill disposal area during a temporary cessation in landfill disposals; f placing material in a landfill disposal area to provide a base for, or prevent damage to, anything used to line, cap or drain that area; g keeping material in a non-disposal area beyond the end of the maximum period specified in the notice designating the area under section 55, unless the material is dealt with in accordance with an agreement under section 56(4)(a); h storing ashes (for example, fly ash and bottom ash); i using material in restoration work. 4 In subsection (3)— “ cell bund ” (“ bwnd cell ”) means a structure within a landfill disposal area which separates quantities of material deposited in that area; “ hard standing ” (“ arwyneb solet ”) means a base on which a landfill site activity is carried out; “ restoration work ” (“ gwaith adfer ”) means work carried out to restore an authorised landfill site (or any part of the site) to a use other than making landfill disposals; but where a landfill disposal area is capped, work carried out to restore that area is restoration work only if it is carried out after the area has been capped; “ screening bund ” (“ bwnd sgrinio ”) means a structure, whether above or below ground, for protecting or concealing a landfill site activity or reducing noise. 5 Regulations may— a provide that a landfill site activity is to be a specified landfill site activity, b modify the description of a specified landfill site activity, or c provide that an activity is to cease to be a specified landfill site activity. 6 The regulations may amend this section or any other enactment relating to the tax. CHAPTER 3 EXEMPT DISPOSALS Exemptions: general 9 1 This Chapter provides exemption from tax for certain disposals of material which would otherwise be treated as taxable disposals. 2 A disposal of material that is exempt from tax is not a taxable disposal. 3 In this Chapter, references to a disposal of material include the carrying out of a specified landfill site activity in relation to material. Multiple disposals of material at same site 10 A disposal of material is exempt from tax to the extent that— a it is a disposal of material which has already been included in a taxable disposal— i which was made at an authorised landfill site, and ii in respect of which tax was chargeable, and b it is made at the same authorised landfill site as that taxable disposal. Pet cemeteries 11 1 A disposal of material is exempt from tax if— a it is a disposal of material consisting entirely of the remains of dead pets (and any container or material in which the remains are contained), and b it is made at an authorised landfill site which meets the condition in subsection (2). 2 The condition is that no landfill disposals were made at the site during the relevant period other than disposals of material consisting entirely of the remains of dead pets (and any container or material in which the remains are contained). 3 The relevant period is the period which— a begins with the day on which this section comes into force, or on which the site becomes an authorised landfill site, whichever is later, and b ends immediately before the disposal mentioned in subsection (1). Power to modify exemptions 12 1 Regulations may— a create an additional exemption from tax, b modify an existing exemption, or c remove an exemption. 2 The regulations may provide for an exemption to apply subject to conditions (for example, a condition requiring WRA to be notified before a disposal is made). 3 The regulations may amend any enactment relating to the tax. PART 3 TAXABLE DISPOSALS MADE AT AUTHORISED LANDFILL SITES CHAPTER 1 PERSONS CHARGEABLE TO TAX Persons chargeable to tax 13 Tax chargeable on a taxable disposal of material made at an authorised landfill site is chargeable on the person who is the operator of the site at the time of the disposal (whether or not the operator makes the disposal or permits it to be made). CHAPTER 2 TAX CHARGEABLE ON TAXABLE DISPOSALS Calculation of tax chargeable Calculation of tax chargeable on taxable disposal 14 1 This section applies to a taxable disposal of material made at an authorised landfill site. 2 The amount of tax chargeable on the disposal is to be calculated by multiplying the taxable weight of the material in tonnes by the standard rate. 3 The standard rate is the rate per tonne prescribed for the purposes of subsection (2) in regulations. 4 Subsection (2) does not apply to the disposal if the material disposed of— a consists entirely of one or more qualifying materials (see section 15), or b is a qualifying mixture of materials (see section 16). 5 The amount of tax chargeable on a disposal of that description is instead to be calculated by multiplying the taxable weight of the material in tonnes by the lower rate. 6 The lower rate is the rate per tonne prescribed for the purposes of subsection (5) in regulations. 7 Regulations under subsection (3) or (6) may prescribe different rates for different descriptions of material. 8 See section 18 for provision about how the taxable weight of the material in a taxable disposal is to be calculated. Qualifying materials and qualifying mixtures of materials Qualifying material 15 1 Qualifying material is material in respect of which the following requirements are met. Requirement 1 The material is specified in the Table in Schedule 1. Requirement 2 Each condition in the Table in Schedule 1 that applies in respect of the material is met (if any). Requirement 3 There is— if a written description of the material is required by virtue of section 34(1)(c)(ii) of the Environmental Protection Act 1990 (c. 43), a written description of the kind required, or if no written description of the material is required by virtue of that section, other evidence, from which it can be determined that requirements 1 and 2 are met. 2 Regulations may amend Schedule 1. Qualifying mixtures of materials 16 1 A qualifying mixture of materials is a mixture in respect of which the following requirements are met. Requirement 1 The mixture consists of— one or more qualifying materials, and a small amount of one or more non-qualifying materials that is incidental to the qualifying materials. Requirement 2 There is— if a written description of the mixture is required by virtue of section 34(1)(c)(ii) of the Environmental Protection Act 1990 (c. 43), a written description of the kind required, or if no written description of the mixture is required by virtue of that section, other evidence, from which it can be determined that requirement 1 is met. Requirement 3 The non-qualifying materials have not been mixed with the qualifying materials deliberately for the purposes of— disposal, or matters preparatory to disposal. Requirement 4 The non-qualifying materials do not include any material prescribed as material that must not be included in a qualifying mixture of materials. Requirement 5 The mixture is not hazardous waste within the meaning of Directive 2008/98/ EC of the European Parliament and of the Council of 19 November 2008 on waste. Requirement 6 No arrangements have been made in respect of the mixture that have, as their main purpose, or as one of their main purposes, the avoidance of liability to the tax. Requirement 7 If the mixture consists entirely of fines, any requirement prescribed under section 17(1) (either in relation to mixtures generally or in relation to mixtures of that particular description) is met in respect of the mixture. 2 For the purposes of requirement 1— a both the weight and the volume of the non-qualifying materials must be taken into account in determining whether the amount of those materials is to be treated as a small amount; b the potential that the non-qualifying materials have to cause harm must be taken into account in determining whether those materials are to be treated as incidental to the qualifying materials. 3 Regulations may provide that an amount of non-qualifying materials is not to be treated as a small amount for the purposes of requirement 1 if it constitutes more than a prescribed percentage of the mixture of materials (by weight or volume or both). 4 Regulations may amend this section to— a add a further requirement to subsection (1), b modify an existing requirement, c remove a requirement, or d make further provision about matters that must or may be taken into account for the purposes of determining whether a requirement is met, or modify or remove existing provision about those matters. 5 In this section— “ arrangement ” (“ trefniant ”) has the meaning given in section 81B(3) of TCMA; “ fines ” (“ gronynnau mân ”) has the meaning given in section 17(6); “ non-qualifying material ” (“ deunydd anghymwys ”) means a material that is not a qualifying material; “ prescribed ” (“ rhagnodedig ”) means prescribed in regulations. Qualifying mixture of materials: fines 17 1 Regulations may prescribe requirements that must be met (in addition to requirements 1 to 6 in section 16) in order for a mixture of materials consisting entirely of fines to be treated as a qualifying mixture of materials. 2 The regulations may provide (among other things)— a that the mixture must originate in a prescribed way (for example, by means of a prescribed waste treatment process); b that there must be prescribed evidence regarding the nature of the fines in the mixture; c that prescribed steps must have been taken in relation to the mixture (either by the operator of an authorised landfill site or by any other person); d that there must be prescribed evidence regarding the taking of those steps; e that the mixture must give a prescribed result if subjected to a prescribed test. 3 Where regulations are made under subsection (2)(e), regulations may also make connected provision, including (among other things) provision— a requiring the operator of an authorised landfill site to carry out the prescribed test (“the test”) on prescribed mixtures of fines; b specifying when the operator must do so; c enabling WRA— i to direct the operator to carry out the test on all mixtures of fines brought onto the site, or on particular descriptions of those mixtures of fines; ii to carry out the test itself on any mixture of fines brought onto the site; d requiring the operator and WRA— i to keep prescribed evidence in connection with the test, and ii to preserve it for a prescribed period; e requiring the operator to provide prescribed information to WRA in connection with the test— i at prescribed intervals; ii in the prescribed form and manner; f requiring or permitting the operator to take prescribed steps if a mixture of fines fails the test; g prohibiting prescribed mixtures of fines from being treated as qualifying mixtures of materials in prescribed circumstances. 4 Regulations under subsection (3) may make provision for— a penalties, or b reviews and appeals, in connection with any provision made under that subsection; and where they do so, they may amend or apply (with or without modifications) any enactment relating to the tax. 5 Any regulations under this section, other than regulations conferring powers or imposing duties on WRA, may make provision by reference to things specified in a notice published by WRA (and not withdrawn by a subsequent published notice). 6 In this section— “ fines ” (“ gronynnau mân ”) means particles produced by a waste treatment process that involves mechanical treatment; “ prescribed ” (“ rhagnodedig ”) means prescribed in regulations. Taxable weight of material Taxable weight of material in taxable disposal 18 1 The taxable weight of the material in a taxable disposal made at an authorised landfill site— a must be calculated by the operator of the site at which the taxable disposal is made; b may be calculated by WRA if it thinks it appropriate to do so. 2 The calculation is to be made— a in accordance with section 19, if made by the operator; b in accordance with section 22, if made by WRA. 3 Where— a no tax return has been made in respect of the disposal, and b WRA— i calculates the taxable weight of the material, and ii applies the result in issuing a notice to the operator in respect of the disposal, the taxable weight of the material for the purposes of section 14(2) and (5) is the taxable weight calculated by WRA, unless the operator subsequently takes the steps set out in subsection (4). 4 Where the operator— a calculates the taxable weight of the material, and b applies the result in making or amending a tax return in respect of the disposal, the taxable weight of the material for the purposes of section 14(2) and (5) is the taxable weight calculated by the operator, unless WRA subsequently takes the steps set out in subsection (5). 5 Where WRA— a calculates the taxable weight of the material after a tax return has been made in respect of the disposal, and b applies the result in issuing a notice to the operator in respect of the disposal, the taxable weight of the material for the purposes of section 14(2) and (5) is the taxable weight calculated by WRA, unless the operator subsequently takes the steps set out in subsection (4). Calculation of taxable weight of material by operator 19 1 The operator of an authorised landfill site must calculate the taxable weight of the material in a taxable disposal in the following way. 2 The operator must determine the weight of the material in tonnes in accordance with section 20. 3 If the operator has approval under section 21 to apply a discount in relation to the disposal, the operator may apply the discount (or a lesser discount) to the weight determined under subsection (2), subject to the conditions of the approval (if any). 4 The result is the taxable weight of the material in the taxable disposal. Determination of weight of material by operator 20 1 The operator of an authorised landfill site must determine the weight of the material in a taxable disposal by using a weighbridge. 2 The operator must ensure, for the purposes of subsection (1)— a that the material is weighed on the weighbridge before the disposal is made, and b that the weighbridge meets each requirement in weights and measures legislation that applies to the weighbridge (if any). 3 The operator of an authorised landfill site may make an application to WRA for approval to use an alternative method to determine the weight of the material in a taxable disposal. 4 An application must— a be made in such manner, b contain such information, and c be accompanied by such documents, as may be specified by WRA (either generally or in a particular case). 5 Where the operator makes an application for approval— a WRA must issue a notice to the operator of its decision on the application, and b if WRA gives approval, the notice must set out the details of the approval. 6 An approval— a may relate to all the taxable disposals in respect of which the application is made, or to particular descriptions of those taxable disposals only; b may be unconditional or subject to conditions; c may be given for a fixed period or an unlimited period; d may be varied or revoked at any time by issuing a notice to the operator. 7 If WRA gives the operator approval to use an alternative method to determine the weight of the material in a taxable disposal, the operator— a must use that method in relation to the disposal (instead of the method described in subsection (1)), and b must do so in accordance with any condition to which the approval is subject. 8 In this section, “ weights and measures legislation ” means the Weights and Measures Act 1985 (c. 72) and regulations made (in whole or in part) under that Act. Discount in respect of water content of material 21 1 The operator of an authorised landfill site may make an application to WRA for approval to apply a discount in respect of water present in material when calculating the taxable weight of the material in a taxable disposal. 2 An application for approval must be made in writing. 3 Where the operator makes an application for approval— a WRA must issue a notice to the operator of its decision on the application, and b if WRA gives approval, the notice must set out the details of the approval. 4 WRA may give the operator approval to apply a discount in respect of water present in material only if— a the water is present because— i it had to be added to enable the material to be transported for disposal, ii it had to be used to extract a mineral, iii it had to be added in the course of an industrial process, or iv it arose as a necessary consequence of an industrial process, or b the material is a residue from the treatment of effluent or sewage at a water treatment works. 5 An approval— a may relate to all taxable disposals in respect of which the application is made, or to particular descriptions of those taxable disposals only; b may specify different discounts for different descriptions of taxable disposals; c may be unconditional or subject to conditions (for example, a condition requiring payment in respect of tests on material); d may be given for a fixed period or an unlimited period; e may be varied or revoked at any time by issuing a notice to the operator. 6 The operator of an authorised landfill site must keep a record of each taxable disposal in relation to which a discount is applied in respect of water present in material (a “water discount record”). 7 WRA may specify— a the form in which a water discount record must be kept; b the information that must be contained in it. 8 The record is to be treated for the purposes of TCMA as being a record required to be kept and preserved under section 38(1) of TCMA for the purpose of demonstrating that the tax return that the operator is required to make, in respect of the accounting period in respect of which tax is chargeable on the disposal, is correct and complete. Calculation of taxable weight of material by WRA 22 1 Where WRA calculates the taxable weight of the material in a taxable disposal, it must do so by— a determining the weight of the material in tonnes using any method it thinks appropriate, and b where there is approval under section 21 to apply a discount in relation to the disposal, applying the discount to the weight determined under paragraph (a), subject to the conditions of the approval (if any). 2 But if WRA is satisfied that a failure or breach mentioned in section 23 has occurred in relation to the taxable disposal, it may, in making its calculation, take the steps set out in that section in respect of the failure or breach. 3 The result is the taxable weight of the material in the taxable disposal. Calculation of taxable weight of material by WRA: cases of non-compliance 23 1 This section applies where WRA calculates the taxable weight of the material in a taxable disposal. 2 Where WRA is satisfied that the operator of the site at which a taxable disposal is made has failed to make a tax return in relation to the disposal, WRA may ignore section 22(1)(b). 3 Where WRA is satisfied that the operator of the site at which a taxable disposal is made has failed to determine the weight of the material in the disposal in accordance with section 20, WRA may— a ignore section 22(1)(b), or b reduce the discount to be applied under section 22(1)(b) as it thinks appropriate. 4 Where WRA is satisfied that the operator of the site at which a taxable disposal is made— a has approval under section 21 to apply a discount in relation to the disposal, but b is in breach of a condition of the approval, WRA may take the steps set out in subsection (5). 5 WRA may— a ignore section 22(1)(b), or b reduce the discount to be applied under section 22(1)(b) as it thinks appropriate. 6 Where WRA is satisfied that there is no water discount record in respect of a taxable disposal, WRA may ignore section 22(1)(b). 7 Where WRA is satisfied that the water discount record in respect of a taxable disposal does not meet a requirement specified under section 21(7), WRA may— a ignore section 22(1)(b), or b reduce the discount to be applied under section 22(1)(b) as it thinks appropriate. 8 In this section, “ water discount record ” has the meaning given by section 21(6). Reviews and appeals relating to method for determining weight of material 24 In section 172 of TCMA (appealable decisions), in subsection (2), after paragraph (g) (inserted by paragraph 62 of Schedule 23 to LTTA) insert— h a decision relating to the method to be used by the operator of an authorised landfill site to determine the weight of material for the purposes of landfill disposals tax; . Power to modify provision relating to taxable weight of material 25 Regulations may add to, repeal or otherwise amend any provision in this Act relating to the taxable weight of the material in a taxable disposal made at an authorised landfill site (including provision relating to the application of a discount in respect of water present in the material). CHAPTER 3 RELIEF FROM TAX Reliefs: general 26 1 This Chapter provides relief from tax for certain taxable disposals. 2 This Chapter applies only to disposals made at authorised landfill sites. 3 Tax is not chargeable in respect of a taxable disposal if it is relieved from tax. 4 Relief from tax must be claimed in a tax return. Material removed from bed of river, sea or other water 27 1 A taxable disposal is relieved from tax if it is a disposal of material consisting entirely of— a material within subsection (2) or (3), or b material within one of those subsections and material within subsection (4). 2 Material is within this subsection if it has been removed from the bed of any of the following (whether natural or artificial)— a a river, canal or other watercourse, or b a dock, harbour or the approaches to a harbour. 3 Material is within this subsection if— a it consists of naturally occurring mineral material, and b it has been removed from the sea bed in the course of operations carried out for the purpose of obtaining materials such as sand or gravel. 4 Material is within this subsection if— a it is qualifying material, b it has been added to material within subsection (2) or (3) for the purpose of securing that that material is not in liquid form, and c the amount of material that has been added is no greater than is necessary to achieve that purpose. 5 In this section, references to material being removed are to it being removed by dredging or in any other way. Material resulting from mining and quarrying 28 1 A taxable disposal is relieved from tax if it is a disposal of material— a all of which results from mining operations (whether deep or open-cast) or from quarrying operations, b all of which is naturally occurring material extracted from the earth in the course of the operations, and c none of which has been subjected to, or results from, a process within subsection (2) carried out at any stage between the extraction and the disposal. 2 A process is within this subsection if— a it is separate from the mining or quarrying operations, or b it forms part of those operations and permanently alters the material's chemical composition. Using material in approved site restoration work 29 1 A taxable disposal is relieved from tax if— a it is a disposal of material— i consisting entirely of qualifying material, or ii consisting entirely of top-soil, and b it forms part of restoration work carried out in accordance with an approval given by WRA. 2 WRA may approve the carrying out of restoration work at an authorised landfill site only if— a the operator of the site applies in writing to WRA for the approval, b the application is made before the restoration work begins, and c WRA is satisfied that the work is required by a condition of an environmental permit or planning permission relating to the site. 3 An approval— a may relate to all or part of the work described in the application for the approval; b may relate to work carried out before or after the approval is given (or both); c may be unconditional or subject to conditions (for example, a condition requiring reports to WRA about the carrying out of the work). Site restoration work: procedure on application for approval 30 1 This section applies where the operator of an authorised landfill site has applied to WRA for approval for the carrying out of restoration work. 2 WRA may by notice request further information from the operator for the purpose of deciding whether or on what terms to give approval. 3 Notice of a request for further information must— a be issued within the period of 30 days beginning with the day on which WRA receives the application for approval, and b specify the period within which the further information must be provided, which must be at least 30 days beginning with the day on which notice of the request is issued. 4 WRA must issue a notice to the operator of its decision on the application within the period of 30 days beginning— a if WRA does not request further information, with the day on which WRA receives the application for approval, or b if WRA requests further information, with the earlier of— i the day on which WRA receives the information, and ii the day on which the period for providing the information ends. 5 If WRA gives approval, the notice must set out the details of the approval. 6 WRA and the operator of an authorised landfill site may agree to extend a period of time specified by or under this section. 7 If the period specified in subsection (4) (including any extension agreed under subsection (6)) ends without WRA having issued a notice of its decision, WRA is to be treated as having approved the carrying out of restoration work as described in the application (including any of the work that was carried out between the time when the application was made and the time when that period ended). Site restoration work: variation of approval 31 1 This section applies where WRA has approved the carrying out of restoration work at an authorised landfill site. 2 The operator of the site may apply in writing to WRA for the variation of the approval; and section 30 applies to an application for a variation as it applies to an application for an approval. 3 WRA may vary the approval on its own initiative if satisfied that the variation is necessary to ensure that the approval relates only to restoration work required by a condition of an environmental permit or planning permission relating to the site. 4 If WRA varies an approval on its own initiative, it must issue a notice setting out the details of the variation to the operator of the authorised landfill site. 5 The variation of an approval does not affect the application of section 29 to restoration work carried out in accordance with the approval before it was varied. Refilling open-cast mines and quarries 32 1 A taxable disposal is relieved from tax if— a it is a disposal of material consisting entirely of i qualifying material, or ii a qualifying mixture of materials that does not consist entirely of fines; b it is made at an authorised landfill site (or part of such a site) that was used for open-cast mining operations or quarrying operations, c it is made in accordance with a condition of planning permission relating to the site which requires the site (or the part in question) to be wholly or partially refilled after those operations end, and d no other taxable disposals have been made at the site (or at the part in question) since those operations ended, apart from disposals that were relieved from tax under section 28 or this section or disposals that would be relieved from tax under this section if they were made now . 2 If the operations mentioned in subsection (1)(b) ended before the coming into force of this section, the reference in subsection (1)(d) to other taxable disposals includes disposals that were taxable disposals for the purposes of Part 3 of the Finance Act 1996 (c. 8) (landfill tax). 3 If all open-cast mining operations and quarrying operations at the site ended before 1 October 1999, disposals of material at the site are not relieved from tax under this section unless the requirement mentioned in subsection (1)(c) was imposed on or before that date. Power to modify reliefs 33 1 Regulations may— a create an additional relief from tax, b modify an existing relief, or c remove a relief. 2 The regulations may provide for a relief to apply subject to conditions (for example, a condition requiring WRA to be notified before a taxable disposal is made). 3 The regulations may amend any enactment relating to the tax. CHAPTER 4 TAX COLLECTION AND MANAGEMENT Registration Register of persons who carry out taxable operations 34 1 WRA must keep a register of persons who carry out taxable operations. 2 A person carries out taxable operations if the person is the operator of an authorised landfill site at which taxable disposals are made. 3 A person's entry in the register must contain the information specified in Schedule 2. 4 The register may contain any other information WRA thinks appropriate for the purposes of collecting and managing the tax. 5 WRA may publish information contained in the register. Duty to be registered 35 1 A person who carries out taxable operations must be registered with WRA. 2 A person who intends to carry out taxable operations but is not registered— a must apply in writing to WRA to be registered, and b must do so at least 14 days before the day on which the person begins to carry out taxable operations. 3 WRA must register the person if satisfied that the application— a contains the information WRA requires to register the person, and b is in the form (if any) specified by WRA. 4 WRA must issue a notice to the person of its decision on the application. 5 If WRA registers the person, the notice must set out the person's entry in the register. Changes and corrections of information 36 1 A registered person must give WRA notice of any change of circumstances which causes the person's entry in the register to become inaccurate. 2 The notice must be given before the end of the period of 30 days beginning with the day on which the change occurs. 3 A person who has provided information to WRA for a purpose relating to registration must give WRA notice if the person discovers an inaccuracy in any of the information. 4 The notice must be given before the end of the period of 30 days beginning with the day on which the person discovers the inaccuracy. 5 If WRA is satisfied that information contained in the register is inaccurate, it may correct the register (whether or not the registered person to whom the information relates has given WRA notice of the inaccuracy). 6 If WRA corrects a person's entry in the register, it must issue a notice to the person setting out the corrected entry. Cancellation of registration 37 1 A registered person who ceases to carry out taxable operations must apply in writing to WRA for the cancellation of the person's registration. 2 The application must be made before the end of the period of 30 days beginning with the day on which the person ceases to carry out taxable operations. 3 WRA may cancel a person's registration if satisfied that the person has ceased to carry out taxable operations (whether or not the person has applied for the cancellation). 4 But WRA may not cancel the person's registration unless satisfied that a all of the tax that the person is required to pay has been paid , and b all of the tax credit to which the person is entitled and which the person has claimed— i has been set off against an amount of tax that the person would otherwise be required to pay, or ii has been paid to the person. 5 WRA may also cancel a person's registration if satisfied that the person has not carried out taxable operations and does not intend to do so. 6 If WRA cancels a person's registration, it must issue a notice of the cancellation to the person. Reviews and appeals relating to registration 38 In section 172 of TCMA (appealable decisions), in subsection (2), after paragraph (h) (inserted by section 24 of this Act) insert— i a decision relating to the registration of a person for the purposes of landfill disposals tax; . Accounting for tax Duty to make tax return in respect of accounting period 39 1 A person who carries out taxable operations must make a tax return to WRA in respect of each accounting period. 2 The tax return must contain— a an assessment of the amount of tax chargeable on the person in respect of the accounting period (see section 41), and b either— i a declaration by the person that the information contained in the return, and in any document that accompanies the return, is correct and complete to the best of the person's knowledge, or ii if the person authorises an agent to complete the return on the person's behalf, a certification by the agent that the person has made a declaration to that effect. 3 The tax return must be made on or before the filing date for the return. 4 The filing date for the return— a is the last working day of the month that follows the month in which the accounting period ends, unless the filing date is varied under section 40; b if the filing date is varied under section 40, is the date specified in the notice that makes the variation (and if more than one variation is made to the filing date, is the date specified in the notice that makes the last variation). 5 The accounting periods in respect of which a person must make a tax return— a are the periods specified in subsections (6) and (7), unless those periods are varied under section 40; b if the periods specified in subsections (6) and (7) are varied under section 40, are the periods specified in the notice that makes the variation (and if more than one variation is made to the accounting periods, are the periods specified in the notice that makes the last variation). 6 In the case of a person who is registered— a the first accounting period is the period— i beginning with the day on which the person begins to carry out taxable operations (or, if later, the day on which the person becomes registered), and ii ending with a day specified in a notice issued by WRA to the person; b the subsequent accounting periods are each subsequent period of 3 months in which the person carries out taxable operations. 7 In the case of a person who is not registered— a the first accounting period is the period— i beginning with the day on which the person begins to carry out taxable operations, and ii ending with the end of the calendar quarter in which the person begins to do so (or, if sooner, the day before the day on which the person becomes registered); b the subsequent accounting periods are each subsequent calendar quarter in which the person carries out taxable operations (but if the person becomes registered before the end of a calendar quarter, the accounting period relating to that quarter ends with the day before the day on which the person becomes registered). 8 In this section, “ calendar quarter ” means a period of 3 months ending with 31 March, 30 June, 30 September or 31 December. Power to vary accounting period or filing date 40 1 WRA may vary— a the duration of an accounting period; b the filing date for a tax return. 2 A variation is made by issuing a notice to the person to whom it applies. 3 The notice must set out the details of the variation. 4 WRA may issue a notice under this section either— a on the application of a person who carries out taxable operations or who intends to do so, or b on its own initiative. 5 An application for a variation must be made in writing. 6 If WRA refuses an application for a variation, it must issue a notice of its decision to the person who made the application. Tax chargeable in respect of accounting period 41 1 Tax chargeable on a taxable disposal made at an authorised landfill site is chargeable in respect of the accounting period in which the disposal is made. 2 But if the person who carries out taxable operations at the site issues a landfill invoice in respect of the disposal within the period of 14 days beginning with the day on which the disposal is made, the amount of tax chargeable on the disposal is chargeable in respect of the accounting period in which the invoice is issued (rather than the accounting period in which the disposal is made). 3 Subsection (2) does not apply to the disposal if the person has given notice to WRA, before the landfill invoice is issued, that the person does not wish to take advantage of it. 4 The person may vary or withdraw the notice by giving a further notice to WRA. 5 A person who carries out taxable operations, or who intends to do so, may make an application in writing to WRA for subsection (2) to be applied— a to all taxable disposals made at an authorised landfill site at which the person carries out taxable operations, or b to a description of taxable disposals specified in the application, as if the reference to a period of 14 days were to a longer period. 6 WRA must issue a notice to the person of its decision on the application; and if WRA grants the application, the notice must specify the longer period and the taxable disposals in relation to which the longer period is to be applied. 7 WRA may vary or withdraw the notice by issuing a further notice to the person. 8 In this section, a “ landfill invoice ” means an invoice which— a is issued in respect of a taxable disposal, and b contains the information specified in Schedule 3. 9 Regulations may amend Schedule 3. Payment, recovery and repayment of tax Payment of tax 42 1 A person who makes a tax return must pay the amount of tax stated in the return as the amount assessed to be chargeable on the person on or before the filing date for the return. 1A But if an amount of tax credit is set off against that amount of tax in accordance with regulations made under section 54, the amount of tax that the person is required to pay by that date is the amount that remains outstanding after the set-off (if any). 2 Where an amount of tax is assessed to be chargeable on the person as a result of an amendment made to the tax return under section 41 of TCMA (amendment of tax return by taxpayer), the person must pay the amount— a if the amendment is made on or before the filing date for the return, on or before the filing date, or b if the amendment is made after the filing date for the return, on the day that the person gives notice of the amendment to WRA. 3 See the following provisions of TCMA for provision about the payment of amounts of tax in other circumstances— section 42(4A) (amount payable as a result of a correction made to a tax return by WRA); section 45(4) (amount payable as a result of an amendment made to a tax return during an enquiry); section 50(4) (amount payable as a result of an amendment made to a tax return on the completion of an enquiry); section 52(5) (amount payable in accordance with a WRA determination); section 61(2) (amount payable in accordance with a WRA assessment). Duty to maintain landfill disposals tax summary 43 1 A person who carries out taxable operations must keep a record (a “landfill disposals tax summary”) of— a the amount of tax chargeable on the person, ... aa the amount of tax credit claimed by the person, and b the tax paid by the person, in respect of each accounting period. 2 WRA may specify— a the form in which the landfill disposals tax summary must be kept, and b the information that must be contained in it. 3 The landfill disposals tax summary is to be treated for the purposes of TCMA as being a record required to be kept and preserved under section 38(1) of TCMA for the purpose of demonstrating that the tax return that the person is required to make in respect of the accounting period is correct and complete. Postponement of recovery 44 1 Section 181B of TCMA (postponement requests) (inserted by paragraph 63 of Schedule 23 to LTTA) is amended as follows. 2 In subsection (3)— a omit the “and” after paragraph (a), and b at the end of paragraph (b) insert , and c where the request relates to an amount of landfill disposals tax, the reasons why the person making the request thinks that recovery of the amount (and interest on that amount) would cause the person financial hardship. 3 In subsection (4)— a the words from “thinks that” to “excessive,” become paragraph (a), and b after that paragraph insert and b where the request relates to an amount of landfill disposals tax, has reason to believe that recovery of the amount (and interest on that amount) would cause the person financial hardship, . 4 In subsection (5)— a the words from “thinks that” to “excessive” become paragraph (a), and b for the words from “it may grant” to the end substitute , or b where the request relates to an amount of landfill disposals tax, has reason to believe that it is only in respect of part of the amount (and interest on that part) that recovery would cause the person financial hardship, WRA may grant the request in respect of such part of the amount as it thinks appropriate. No requirement to discharge or repay tax unless all tax paid 45 In section 67 of TCMA (cases in which WRA need not give effect to a claim), after subsection (11) insert— 12 Case 8 is where— a the claim is made in respect of an amount of landfill disposals tax, and b an amount of landfill disposals tax that the claimant is required to pay has not been paid. PART 4 TAXABLE DISPOSALS MADE AT PLACES OTHER THAN AUTHORISED LANDFILL SITES CHAPTER 1 TAX CHARGEABLE ON TAXABLE DISPOSALS Calculation of tax chargeable on taxable disposal 46 1 This section applies to a taxable disposal of material made at a place that is not, and does not form part of, an authorised landfill site. 2 The amount of tax chargeable on the disposal is to be calculated by multiplying the taxable weight of the material in tonnes by the unauthorised disposals rate. 3 The taxable weight of the material is the weight of the material determined by WRA using any method it thinks appropriate. 4 The unauthorised disposals rate is the rate per tonne prescribed for the purposes of subsection (2) in regulations. 5 Regulations under subsection (4) may prescribe different rates for different descriptions of material. CHAPTER 2 PROCEDURE FOR CHARGING TAX The charging condition 47 1 For the purposes of this Chapter, a person meets the charging condition in respect of a taxable disposal if the person— a made the disposal, or b knowingly caused or knowingly permitted the disposal to be made. 2 For the purposes of subsection (1)(b)— a a person who, at the time of the disposal, controlled, or was in a position to control, a motor vehicle or trailer from which the disposal was made is to be treated as having knowingly caused the disposal to be made, and b a person who, at the time of the disposal, was the owner, lessee or occupier of the land where the disposal was made is to be treated as having knowingly permitted the disposal to be made, unless the person satisfies WRA or (on appeal) the tribunal that the person did not knowingly cause or knowingly permit the disposal to be made. 3 Regulations may make further or different provision about— a circumstances in which a person is to be treated as meeting (or not meeting) the charging condition, or b matters that are to be taken into account in determining whether a person meets (or does not meet) that condition. 4 The regulations may amend any enactment relating to the tax. Power to issue preliminary notice 48 1 WRA may issue a preliminary notice to a person if it appears to WRA that— a a taxable disposal has been made at a place that is not, and does not form part of, an authorised landfill site, and b the person meets the charging condition in respect of the disposal (see section 47). 2 A preliminary notice must— a identify the land where the taxable disposal appears to have been made; b describe the circumstances of the disposal and the nature of the material disposed of, so far as they are known to WRA; c state when the disposal appears to have been made, and if WRA has estimated when the disposal was made, explain how WRA has made the estimate; d explain why WRA thinks that the person to whom the notice is issued meets the charging condition in respect of the disposal; e state the amount of the proposed charge to tax on the disposal; f explain how that amount has been calculated, including the method used by WRA to determine the taxable weight of the material disposed of. 3 A preliminary notice must also inform the person to whom it is issued— a that a notice will be issued under section 49 after the end of 45 days beginning with the day on which the preliminary notice is issued, b that the person may request that WRA extend that period, and c that the person may make written representations to WRA at any time before a notice is issued under section 49. 4 A single preliminary notice may relate to more than one taxable disposal or to an unascertained number of taxable disposals. 5 WRA may not issue a preliminary notice more than 4 years after WRA becomes aware of any taxable disposal to which the notice relates. 6 Nor may WRA issue a preliminary notice more than 20 years after the time when it appears to WRA that any taxable disposal to which the notice relates was made. Power to issue charging notice after issuing preliminary notice 49 1 This section applies where— a WRA has issued a preliminary notice to a person under section 48, and b the period of 45 days beginning with the day on which the notice was issued, or any longer period agreed by WRA, has ended. 2 WRA must either— a issue a charging notice to the person in respect of any of the disposals to which the preliminary notice relates, or b issue a notice to the person stating that it does not intend to issue a charging notice to the person in respect of those disposals. 3 WRA may issue a charging notice to a person only if satisfied that— a a taxable disposal has been made at a place that is not, and does not form part of, an authorised landfill site, and b the person meets the charging condition in respect of the disposal. 4 In deciding whether to issue a charging notice to a person, WRA must have regard to any written representations made by the person. 5 A charging notice must— a give details of the taxable disposal or disposals to which the notice relates; b explain why WRA is satisfied that the person to whom the notice is issued meets the charging condition in respect of the disposal or disposals; c state the amount of the charge to tax on the disposal or disposals; d explain how that amount has been calculated, including the method used by WRA to determine the taxable weight of the material disposed of; e inform the person of the rights to request a review and to appeal against the notice under Part 8 of TCMA. Power to issue charging notice without issuing preliminary notice 50 1 This section applies where WRA— a is satisfied that a person meets the charging condition in respect of a taxable disposal made at a place that is not, and does not form part of, an authorised landfill site, and b thinks that there is likely to be a loss of tax if it proceeds under sections 48 and 49. 2 WRA may issue a charging notice to the person without first issuing a preliminary notice. 3 A charging notice issued under this section must include— a the information specified in section 49(5), and b WRA's reasons for issuing the notice without first issuing a preliminary notice. 4 WRA may not issue a charging notice under this section more than 4 years after WRA becomes aware of any taxable disposal to which the notice relates. 5 Nor may WRA issue a charging notice under this section more than 20 years after the time when it appears to WRA that any taxable disposal to which the notice relates was made. Payment of tax 51 1 A person to whom a charging notice is issued must pay the amount of tax charged by the notice. 2 The tax must be paid before the end of the period of 30 days beginning with the day on which the notice is issued. 3 If charging notices are issued to more than one person in respect of the same taxable disposal, all of those persons are jointly and severally liable for the amount of tax charged on the disposal. Power to make further provision 52 1 Regulations may make further or different provision about— a the procedures for issuing preliminary notices and charging notices; b the payment of an amount of tax charged by a charging notice; c any other matters relating to or arising from the charging or payment of an amount of tax under this Chapter. 2 The regulations may amend or apply (with or without modifications) any enactment relating to the tax. Late payment interest 53 1 Section 157 of TCMA (late payment interest on devolved taxes) (substituted by paragraph 58 of Schedule 23 to LTTA) is amended as follows. 2 After subsection (1) insert— 1A This section also applies to an amount of landfill disposals tax charged by a charging notice issued under section 49 or 50 of LDTA. 3 In subsection (3), after paragraph (b) insert— c in the case of an amount falling within subsection (1A), the date immediately after the end of the period specified in section 51 of LDTA. PART 5 SUPPLEMENTARY PROVISION CHAPTER 1 CHAPTER 1 Power to make provision for tax credits 54 1 Regulations may make provision for circumstances in which a person is to be entitled to a tax credit in respect of the tax. 2 The regulations may (among other things) make provision— a about conditions to which entitlement to a credit is to be subject; b about the amount of a credit; c about the way in which a person entitled to a credit is to benefit from it (for example, provision for deductions to be made from the tax that would otherwise be chargeable on a person, and for payments to be made to a person, in circumstances prescribed in the regulations); d about the procedure for claiming a credit (for example, provision about information to be provided by a claimant in support of a claim); e about conditions to which any benefit in respect of a credit is to be, or may be, made subject (for example, conditions requiring payments or repayments to be made to WRA in circumstances prescribed in the regulations); f about circumstances in which WRA may withhold a credit; g permitting WRA to require the provision of information and documents, and to inspect premises, either in connection with a requirement imposed under the regulations, or otherwise for the purpose of checking a person's position as respects entitlement to a credit, or as respects a requirement to make a repayment to WRA under the regulations; h about duties to keep and preserve records; i for penalties in respect of failures to comply with requirements imposed by or under the regulations; j about reviews and appeals. 3 The regulations may amend or apply (with or without modifications) any enactment relating to the tax. CHAPTER 2 NON-DISPOSAL AREAS Designation of non-disposal area 55 1 WRA may designate a part of an authorised landfill site in Wales as a non-disposal area by issuing a notice to the operator of the site. 2 A notice designating a non-disposal area must specify— a the authorised landfill site to which it relates, b the boundaries of the area that it designates, and c the date on which the designation of the area takes effect. 3 The notice— a must specify the descriptions of material that must be deposited in the non-disposal area, b may specify descriptions of material that must not be deposited in the area, c must require the weight of any material that is deposited in or removed from the area to be determined using a method specified in the notice, d may specify a maximum amount of material that may be kept in the area, e must specify the landfill site activities that may be carried out in the area, and f must specify the maximum period for which material may be kept in the area. 4 The provision made by the notice under subsection (3) may include— a provision that is subject to conditions or exceptions, and b different provision for different cases (including different descriptions of material). 5 WRA may vary or cancel a designation under this section by issuing a further notice to the operator of the site. 6 A notice varying or cancelling a designation— a must set out the details of the variation or cancellation, b must specify the date on which it takes effect, and c may specify steps that the operator is required or permitted to take in connection with the variation or cancellation. 7 WRA may make, vary or cancel a designation under this section— a on the application of the operator of the authorised landfill site to which the designation relates, or b on its own initiative. 8 An application for a designation, variation or cancellation must be made in writing. 9 If WRA refuses an application, it must issue a notice of its decision to the operator of the authorised landfill site. 10 Regulations may amend this section to make further or different provision about the contents of a notice issued under this section. Duties of operator in relation to non-disposal area 56 1 Where— a a notice is in force designating a part of an authorised landfill site as a non-disposal area, and b there is material at the site which is of a description specified in the notice as material which must, or must not, be deposited in the area, the operator of the site must ensure that the material is dealt with in accordance with the provisions of the notice. 2 Subsection (1) ceases to apply in relation to material if a taxable disposal of the material is made outside the non-disposal area. 3 Subsection (1) does not apply in relation to material if— a a taxable disposal of the material is going to be made immediately after it is produced at or brought onto the authorised landfill site, or b the material is in transit between places outside the site and is going to be removed from the site immediately. 4 Nor does that subsection apply if— a WRA agrees in a particular case that material may be dealt with otherwise than in accordance with the provisions of the notice designating the non-disposal area, and b the material is dealt with in accordance with the agreement. 5 An agreement given by WRA under subsection (4)(a)— a may be unconditional or subject to conditions; b may provide that anything done in relation to material identified in the agreement is to be treated as having been done in relation to other material of the same description at the authorised landfill site; c may relate to things done before the agreement is given if WRA is satisfied that the operator of the site could not reasonably have been expected to obtain its agreement before they were done. 6 See section 8(3)(g) for provision which treats a taxable disposal as being made if material is kept in a non-disposal area beyond the end of the maximum period specified in the notice designating the area, unless the material is dealt with in accordance with an agreement under subsection (4)(a). 7 Regulations may amend this section to make further or different provision about circumstances in which subsection (1) does not apply (or ceases to apply). Duties to keep and preserve records 57 1 Where part of an authorised landfill site has been designated as a non-disposal area, the operator of the site must keep records relating to material that is deposited in the area. 2 The records must be sufficient to enable WRA to determine whether the operator is complying, or has complied, with section 56 in relation to the material. 3 WRA may specify— a the form in which the records must be kept, and b the information that must be contained in them. 4 The operator must preserve the records until the end of the period of 6 years beginning with the date on which the material is removed from the non-disposal area, or ceases to be material of a description that must be deposited in the area, whichever is earlier. 5 But an agreement given under section 56(4)(a) in relation to material may require the operator to preserve the records relating to the material until the end of a period of 6 years beginning with a different date (whether earlier or later) from the one specified in subsection (4). 6 See Chapter 2 of Part 3 of TCMA for other duties to keep and preserve records which apply where a taxable disposal is treated as being made by virtue of section 8(3)(g). Reviews and appeals relating to designation of non-disposal areas 58 In section 172 of TCMA (appealable decisions), in subsection (2), after paragraph (i) (inserted by section 38 of this Act) insert— j a decision relating to the designation of a non-disposal area for the purposes of landfill disposals tax; . CHAPTER 3 INVESTIGATION AND INFORMATION Powers of inspection 59 1 After section 103 of TCMA (power of WRA to inspect business premises) insert— Further power to inspect business premises: landfill disposals tax 103A 1 If WRA has grounds for believing that the following conditions are met, WRA may enter a person's business premises and inspect— a the premises; b business assets that are on the premises; c relevant business documents that are on the premises (but see section 110). 2 The first condition is that the person is or has been involved in any capacity with a disposal of material that is or may be a taxable disposal. 3 The second condition is that the inspection of the premises is required for the purpose of checking the position of another person as regards landfill disposals tax in respect of the disposal concerned. 4 Subsections (2) to (7) of section 103 apply in respect of an inspection under this section as they apply in respect of an inspection under section 103(1). 5 In this section, “ relevant business documents ” means business documents that relate to matters relevant to the position of a person as regards landfill disposals tax. 6 The circumstances in which WRA is to be treated as having grounds for believing that the first condition is met include (for example) circumstances where WRA has grounds for believing that the person— a is, or has been, involved in any capacity with receiving, transporting or supplying any material for purposes connected with or preparatory to a disposal of material that is or may be a taxable disposal, or b is, or has been, involved in any capacity in subjecting any material to any procedure or use, or otherwise in dealing with or making arrangements in respect of any material, for purposes connected with or preparatory to a disposal of material that is or may be a taxable disposal. 7 An inspection of premises is not to be carried out under this section if WRA has the power to carry out the inspection under section 103B. 8 In this section— a references to a disposal of material include the carrying out of a specified landfill site activity in relation to material; b “ material ”, “ specified landfill site activity ” and “ taxable disposal ” have the same meanings as in LDTA. Further power to inspect premises: taxable disposals made at places other than authorised landfill sites 103B 1 This section applies if WRA has grounds for believing— a that a disposal of material that is or may be a taxable disposal has been made at a place that is not, and does not form part of, an authorised landfill site, and b that the inspection of premises within subsection (3) is required for one or more of the purposes listed in subsection (4). 2 WRA may enter the premises and inspect— a the premises, and b anything on the premises (including documents). 3 Premises are within this subsection if WRA has reason to believe that— a the disposal was made at them, or b the occupier of the premises meets, or may meet, the charging condition in respect of the disposal. 4 The purposes are— a determining whether the disposal was made at the premises; b identifying the nature or origin of the material disposed of; c identifying the date on which the disposal was made; d determining whether the disposal is a taxable disposal; e determining the weight of the material disposed of; f determining the amount of any proposed charge to tax under LDTA on the disposal; g identifying a person who meets, or may meet, the charging condition in respect of the disposal. 5 Subsections (2) to (7) of section 103 apply in respect of an inspection under this section as they apply in respect of an inspection under section 103(1). 6 In this section— a “ authorised landfill site ”, “ material ” and “ taxable disposal ” have the same meanings as in LDTA; b references to a person meeting the charging condition have the same meaning as in Chapter 2 of Part 4 of LDTA. 2 In section 103 of TCMA, after subsection (7) insert— 8 An inspection of premises is not to be carried out under this section if WRA has the power to carry out the inspection under section 103B. Disclosure of information to WRA 60 1 A person within subsection (2) may disclose information to WRA for the purpose of assisting it in the collection and management of the tax. 2 The persons are— a a county council or county borough council in Wales; b the Natural Resources Body for Wales. 3 A disclosure under this section does not breach— a any obligation of confidence owed by the person making the disclosure, or b any other restriction on the disclosure of information (however imposed). 4 But nothing in this section authorises a disclosure which— a contravenes the data protection legislation , or b is prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016 (c. 25). 5 Until the repeal of Part 1 of the Regulation of Investigatory Powers Act 2000 (c. 23) by paragraphs 45 and 54 of Schedule 10 to the Investigatory Powers Act 2016 (c. 25) is fully in force, subsection (4)(b) has effect as if it included a reference to that Part. 6 Nothing in this section affects any power of any person to disclose information that exists apart from this section. 7 Regulations may amend subsection (2) to add, modify or remove a reference to a person or to a description of persons. 8 In this section, “ the data protection legislation ” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act). CHAPTER 4 PENALTIES UNDER THIS ACT Penalties relating to calculation of taxable weight of material Penalty for failure to determine weight properly 61 An operator of an authorised landfill site who fails to determine the weight of the material in a taxable disposal in accordance with section 20 is liable to a penalty not exceeding £500 in respect of each taxable disposal to which the failure relates. Penalty for applying water discount incorrectly 62 Where the operator of an authorised landfill site, in calculating the taxable weight of the material in a taxable disposal— a applies a discount without having approval under section 21 to do so, or b applies a discount which is greater than the discount approved under section 21, the operator is liable to a penalty not exceeding £500 in respect of each taxable disposal to which a discount is applied in either of those ways. Assessment of penalties under sections 61 and 62 63 1 Where the operator of an authorised landfill site becomes liable to a penalty under section 61 or 62, WRA must— a assess the penalty, and b issue a notice to the person of the penalty assessed. 2 An assessment of a penalty under section 61 or 62 may be combined with an assessment to tax. 3 An assessment of a penalty under section 61 or 62 must be made within the period of 12 months beginning with the day on which WRA first believed that the operator was liable to the penalty. Penalties relating to registration Penalties for carrying out taxable operations without being registered 64 1 A person who carries out taxable operations in breach of section 35(1) (duty to be registered) is liable to a penalty of £300. 2 If a person continues to carry out taxable operations in breach of section 35(1) after the end of the initial penalty period, the person is liable to a further penalty or penalties not exceeding £60 for each day on which the person continues to do so. 3 The initial penalty period is the period of 10 days beginning with the day on which a notice of the penalty under subsection (1) is issued to the person. 4 In calculating the initial penalty period, no account is to be taken of any day on which a decision relating to the penalty under subsection (1) is the subject of— a a review for which a notice of the conclusions has not yet been issued, or b an appeal which has not yet been finally determined or withdrawn. Reasonable excuse for non-compliance 65 1 If a person who carries out taxable operations in breach of section 35(1) satisfies WRA or (on appeal) the tribunal that there is a reasonable excuse for the breach, the person is not liable to a penalty under section 64 in respect of it. 2 For the purposes of this section— a where a person relies on another person to do anything, that is not a reasonable excuse unless the first person took reasonable care to avoid the breach; b where a person had a reasonable excuse for a breach but the excuse has ceased, the person is to be treated as having continued to have the excuse if the breach is remedied without unreasonable delay after the excuse ceased. Penalty for failure to comply with other requirements relating to registration 66 1 A person is liable to a penalty not exceeding £300 if the person fails to comply with a requirement imposed by any of the following provisions— a section 35(2) (application to be registered); b section 36(1) to (4) (notice of change or inaccuracy); c section 37(1) or (2) (application for cancellation of registration). 2 But a person is not liable to a penalty under this section in respect of a failure to make an application or give a notice within a limited period of time if the person does so within a further period of time allowed by WRA. Assessment of penalties under sections 64 and 66 67 1 Where a person becomes liable to a penalty under section 64 or 66, WRA must— a assess the penalty, and b issue a notice to the person of the penalty assessed. 2 An assessment of a penalty under section 64(1) or 66 must be made within the period of 12 months beginning with the day on which WRA first believed that the person was liable to the penalty. 3 An assessment of a penalty under section 64(2) must be made within the period of 12 months beginning with the day to which the penalty relates. Penalties relating to non-disposal areas Penalties relating to non-disposal areas 68 1 A person who fails to comply with a requirement imposed by or under section 56 or 57 is liable to a penalty not exceeding £3,000. 2 But a person is not liable to a penalty under this section in respect of a failure to keep or preserve records if WRA is satisfied that any facts that it reasonably requires to be proved, and which would have been proved by the records, are proved by other documentary evidence provided to it. Assessment of penalties under section 68 69 1 Where a person becomes liable to a penalty under section 68, WRA must— a assess the penalty, and b issue a notice to the person of the penalty assessed. 2 An assessment of a penalty under section 68 may be combined with an assessment to tax. 3 An assessment of a penalty under section 68 must be made within the period of 12 months beginning with the day on which WRA first believed that the person was liable to the penalty. General Payment of penalties 70 A penalty under this Chapter must be paid before the end of the period of 30 days beginning with the day on which the notice of the penalty is issued (but see section 182 of TCMA (payment of penalties in the event of a review or appeal)). Double jeopardy 71 A person is not liable to a penalty under this Chapter in respect of anything if the person has been convicted of an offence in relation to it. Liability of personal representatives 72 1 If a person liable to a penalty under this Chapter (“P”) has died, any penalty that could have been assessed on P may be assessed on the personal representatives of P. 2 A penalty assessed in accordance with subsection (1) is to be paid out of P's estate. Power to make regulations about penalties 73 1 Regulations may make further or different provision about— a the amounts of penalties under this Chapter, and b the procedure for assessing penalties under this Chapter. 2 The regulations may amend this Act. CHAPTER 5 ADDITIONAL PENALTIES UNDER THE TAX COLLECTION AND MANAGEMENT (WALES) ACT 2016 Penalties for multiple failures to make tax returns 74 After section 118 of TCMA (penalty for failure to make tax return on or before filing date) insert— Penalties for multiple failures to make tax returns in respect of landfill disposals tax 118A 1 Where a person becomes liable to a penalty under section 118 in respect of a tax return that the person is required to make under section 39 of LDTA, a penalty period— a begins with the day after the filing date for the tax return, and b ends 12 months later, unless extended under subsection (2)(b). 2 If, before the end of the penalty period, the person is required to make another tax return under section 39 of LDTA (“tax return B”) but fails to do so on or before the filing date for tax return B— a the person is not liable to a penalty under section 118 in respect of that failure but is liable to a penalty under this section instead, and b the penalty period is extended so that it ends 12 months after the filing date for tax return B. 3 The amount of the penalty to which a person is liable under this section is determined by reference to the number of tax returns that the person— a has been required to make under section 39 of LDTA during the penalty period, but b has failed to make on or before the filing dates for those returns. 4 If the failure to make tax return B on or before the filing date is the person's first failure during the penalty period, P is liable to a penalty of £200 in respect of that failure. 5 If the failure to make tax return B on or before the filing date is the person's second failure during the penalty period, P is liable to a penalty of £300 in respect of that failure. 6 If the failure to make tax return B on or before the filing date is the person's third or subsequent failure during the penalty period, P is liable to a penalty of £400 in respect of that failure. 7 A penalty period may be extended more than once under subsection (2)(b). Penalty for failure to pay tax on time 75 In section 122 of TCMA (penalty for failure to pay tax on time) (substituted by paragraph 42 of Schedule 23 to LTTA), for subsection (2) substitute— 2 The penalty— a in respect of an amount of land transaction tax, is 5% of the amount of unpaid tax; b in respect of an amount of landfill disposals tax, is 1% of the amount of unpaid tax. Penalties for multiple failures to pay tax on time 76 After section 122 of TCMA (penalty for failure to pay tax on time) (substituted by paragraph 42 of Schedule 23 to LTTA) insert— Penalty for multiple failures to pay landfill disposals tax on time 122ZA 1 Where a person becomes liable to a penalty under section 122 in respect of a failure to pay an amount of landfill disposals tax on or before the penalty date, a penalty period— a begins with the day after the penalty date, and b ends 12 months later, unless extended under subsection (2)(b). 2 If, before the end of the penalty period, the person fails to pay another amount of landfill disposals tax (“amount B”) on or before the penalty date for that amount— a the person is not liable to a penalty under section 122(1) in respect of that failure but is liable to a penalty under this section instead, and b the penalty period is extended so that it ends 12 months after the penalty date for amount B. 3 The amount of the penalty to which a person is liable under this section is determined by reference to— a amount B, and b the number of times during the penalty period on which the person has failed to pay an amount of landfill disposals tax on or before the penalty date for that amount. 4 If the failure is the person's first failure during the penalty period, the person is liable to a penalty of 2% of amount B in respect of that failure. 5 If the failure is the person's second failure during the penalty period, the person is liable to a penalty of 3% of amount B in respect of that failure. 6 If the failure is the person's third or subsequent failure during the penalty period, the person is liable to a penalty of 4% of amount B in respect of that failure. 7 A penalty period may be extended more than once under subsection (2)(b). CHAPTER 6 SPECIAL CASES Corporate groups Designation of group of companies 77 1 WRA may designate two or more bodies corporate as a group for the purposes of the tax. 2 A designation is made by issuing a notice to each member of the group. 3 The notice must specify— a the bodies corporate that are members of the group; b the member of the group that is the representative member; c the date on which the designation takes effect. 4 The effects of designating a group are that— a the representative member of the group is to be treated for the purposes of the tax as the operator of each authorised landfill site of which a member of the group is the operator; b accordingly, a relevant amount that a body corporate would otherwise be required to pay as a result of anything done or omitted to be done while it is a member of the group must instead be paid by the representative member; c all of the following are jointly and severally liable for any of the relevant amount that remains unpaid after the date by which the representative member was required to pay it— i each body corporate that was a member of the group at the time of the act or omission that gave rise to the requirement to pay the amount, and ii any other body corporate that was a member of the group on the date by which the representative member was required to pay the amount. 5 WRA may designate a group of bodies corporate only on the application of one or more of those bodies. 6 An application to designate a group must be made in writing; and the body or bodies making the application must satisfy WRA that it is made with the agreement of every other proposed member of the group. 7 If WRA refuses an application to designate a group, it must issue a notice of its decision to the body or bodies that made the application. 8 In this section, “ relevant amount ” means— a an amount of tax; b a penalty under an enactment relating to the tax; ba an amount payable in respect of a tax credit; c interest on an amount within paragraph (a) , (b) or (ba) . Conditions for designation as member of group 78 1 A body corporate may be designated as a member of a group only if— a it carries out taxable operations or intends to do so, and b it is under the same control as every other member of the group. 2 Two or more bodies corporate are under the same control if— a one of them controls all of the others, b one body corporate or individual controls all of them, or c two or more individuals carrying on business in partnership control all of them. 3 For the purposes of subsection (2)— a one body corporate (“A”) controls another body corporate (“B”) if— i A is empowered by or under an enactment to control B's activities, or ii A is B's holding company; b an individual or individuals control a body corporate if they would, if they were a company, be the body's holding company. 4 In subsection (3), “ holding company ” has the meaning given by section 1159 of, and Schedule 6 to, the Companies Act 2006 (c. 46). Variation or cancellation of designation 79 1 Where two or more bodies corporate have been designated as a group, WRA may— a vary the designation of the group by— i adding or removing a member; ii changing the representative member; b cancel the designation of the group. 2 But WRA must— a vary the designation of a group by removing a member if it is satisfied that the member does not meet the conditions in section 78(1); b cancel the designation of the group if it is satisfied that the group does not have two or more members that meet those conditions. 3 The variation or cancellation of a designation is made by issuing a notice to each member of the group (including, in the case of a variation to add or remove a member, each member that is added or removed). 4 The notice must— a set out the details of the variation or cancellation, and b specify the date on which it takes effect. 5 WRA may vary or cancel the designation of a group— a on an application made in writing under this section, or b on its own initiative. 6 An application to vary or cancel the designation of a group may be made by the representative member of the group; but the representative member must satisfy WRA that the application is made with the agreement of every other member of the group (including, in the case of an application to vary the designation by adding a member, the member that would be added if the variation were made). 7 An application to vary the designation of a group by removing a member may also be made by the member that wishes to be removed; in which case that member must satisfy WRA that every other member of the group has been notified of the application. 8 If WRA refuses an application to vary or cancel a designation, it must issue a notice of its decision to the body corporate that made the application. Reviews and appeals relating to designation of groups of companies 80 In section 172 of TCMA (appealable decisions), in subsection (2), after paragraph (j) (inserted by section 58 of this Act) insert— k a decision relating to the designation of a group of bodies corporate for the purposes of landfill disposals tax. Power to make further provision about designation of groups of companies 81 1 Regulations may add to, repeal or otherwise amend any provision made by an enactment relating to the tax about the designation of groups of bodies corporate. 2 The regulations may (among other things) make provision about the bodies corporate that may be designated as members of a group and about the effects of designation. Partnerships and unincorporated bodies Registration of partnerships and unincorporated bodies and changes in membership 82 1 This section applies where two or more persons carry on a landfill business in partnership or as an unincorporated body. 2 WRA may register the persons in their own names or in the name of the partnership or body. 3 Where the persons are registered in the name of the partnership or body and its membership changes, the persons who are members after the change continue to be registered in that name if at least one of them was a member before the change. 4 A person who ceases to be a member of a partnership or unincorporated body is to be treated as continuing to be a member until the date on which notice of the change in membership is given to WRA under section 36. 5 Subsection (4) applies for the purposes of any enactment relating to the tax, but is subject to section 36(3) of the Partnership Act 1890 (c. 39) (liability of estate on death or bankruptcy). Duties and liabilities of partnerships and unincorporated bodies 83 1 Where anything is required or permitted to be done under an enactment relating to the tax by or in relation to persons carrying on business in partnership, it must be done by or in relation to every person who is a partner at the time when it is done or required to be done. 2 But anything that is required or permitted to be done by every partner may instead be done by any of them; and if the partnership's principal place of business is in Scotland, it may also be done by any other person authorised by the partnership. 3 Where anything is required or permitted to be done under an enactment relating to the tax by or in relation to persons carrying on business as an unincorporated body, it must be done by or in relation to every person who is a managing member of the body at the time when it is done or required to be done. 4 But anything that is required or permitted to be done by every managing member of the body may instead be done by any of them. 5 The managing members of an unincorporated body are— a each member of the unincorporated body holding office as president, chairman, treasurer, secretary or any similar office; b if there is no such office, each member holding office as a member of a committee by which the affairs of the body are managed; c if there is no such office or committee, each member of the body. 6 A liability to pay a relevant amount as a result of anything done or omitted to be done by persons carrying on business in partnership or as an unincorporated body is a joint and several liability of every person who is a member of the partnership or body at the time when the thing is done or omitted to be done. 7 But where— a persons carry on a landfill business in partnership or as an unincorporated body, and b a person is a member of the partnership or body for only part of an accounting period, the person's personal liability for tax chargeable in respect of the accounting period is the proportion of the liability relating to the business of the partnership or body that is just and reasonable in the circumstances. 8 In this section, “ relevant amount ” means— a an amount of tax; b a penalty under an enactment relating to the tax; ba an amount payable in respect of a tax credit; c interest on an amount within paragraph (a) , (b) or (ba) . Power to make further provision about partnerships and unincorporated bodies 84 Regulations may add to, repeal or otherwise amend any provision made by an enactment relating to the tax about cases where persons carry on business in partnership or as an unincorporated body. Change in persons carrying on landfill business Death, incapacity and insolvency 85 1 This section applies where a person (“A”) carries on a landfill business of another person (“B”) who has died, become incapacitated or become subject to an insolvency procedure. 2 A must give WRA notice of— a the fact that A is carrying on the landfill business, and b the nature and date of the event that has led to A carrying it on. 3 The notice must be given before the end of the period of 30 days beginning with the day on which A began to carry on the landfill business. 4 WRA may treat A as if A were B for the purposes of the tax, with effect from the time when A began to carry on the landfill business; and WRA may do so whether or not A has given notice under subsection (2). 5 WRA must issue a notice to A (and, if appropriate, to B) of a decision to treat A as B. 6 If WRA treats A in that way, A is not required to be registered, or to apply for registration, by virtue of that treatment. 7 If— a B ceases to be incapacitated or subject to an insolvency procedure, or b A ceases to carry on the landfill business of B, A must give WRA notice of the cessation and the date on which it occurred. 8 The notice must be given before the end of the period of 30 days beginning with that date. 9 WRA must cease to treat A as B if— a WRA is satisfied that either of the conditions in subsection (7) is met (whether or not A has given notice under that subsection), or b WRA cancels the registration of B. 10 WRA must issue a notice to A (and, if appropriate, to B) of a decision to cease to treat A as B. 11 For the purposes of this section, a person becomes subject to an insolvency procedure if— a the person is made bankrupt; b a company voluntary arrangement takes effect in relation to the person under Part 1 of the Insolvency Act 1986 (c. 45); c the person enters administration or goes into liquidation or receivership; d any corresponding event occurs which has effect under or as a result of the law of Scotland or Northern Ireland or a country or territory outside the United Kingdom. Power to make further provision about death, incapacity and insolvency 86 1 Regulations may add to, repeal or otherwise amend any provision made by an enactment relating to the tax about cases where a person who has carried on a landfill business dies, becomes incapacitated or becomes subject to an insolvency procedure. 2 The regulations may (among other things) make provision— a about the circumstances in which a person becomes, or ceases to be, incapacitated or subject to an insolvency procedure; b about duties, liabilities and entitlements relating to the tax where a person has died, become incapacitated or become subject to an insolvency procedure; c which applies whether or not anyone else carries on a person's landfill business after the person dies, becomes incapacitated or becomes subject to an insolvency procedure. Power to make provision about transfers of businesses as going concerns 87 1 Regulations may make provision for securing continuity in the application of any enactment relating to the tax where a landfill business is transferred from one person to another as a going concern. 2 The regulations may (among other things) make provision— a requiring WRA to be notified of the transfer; b for any liability or duty of the transferor relating to the tax to become a liability or duty of the transferee; c for any entitlement of the transferor to the discharge or repayment of an amount of tax, whether arising before or after the transfer, to become an entitlement of the transferee; d for anything done before the transfer by or in relation to the transferor to be treated for the purposes of the tax as having been done by or in relation to the transferee; e about duties to keep and preserve records. 3 The regulations may make provision that applies subject to conditions, and may in particular— a provide that the application to a transferor and transferee of any provision made under subsection (2)(b) to (e) requires the approval of WRA; b make provision about the making and determination of applications for approval. 4 The regulations may make provision for— a penalties in respect of failures to comply with the regulations; b reviews and appeals. 5 The regulations may amend or apply (with or without modifications) any enactment relating to the tax. CHAPTER 7 MISCELLANEOUS Further provision relating to the tax Adjustment of contracts 88 1 Where— a a taxable disposal is made at an authorised landfill site, b there is a contract relating to the taxable disposal that provides for a payment to be made, and c after the making of the contract, the tax chargeable on the taxable disposal changes as a result of an enactment relating to the tax, the amount of the payment provided for under the contract is to be adjusted, unless the contract provides otherwise, to reflect the change in the tax chargeable on the taxable disposal. 2 For the purposes of this section, a contract relating to a taxable disposal is a contract providing for the disposal of the material contained in the taxable disposal, and it is immaterial whether the contract also provides for other matters. 3 The reference in subsection (1) to a change in the tax chargeable is a reference to a change— a from no tax being chargeable to tax being chargeable, b from tax being chargeable to no tax being chargeable, or c in the amount of tax chargeable. Power to impose secondary liability on controllers of authorised landfill sites 89 1 Regulations may make provision for and in connection with requiring a controller of an authorised landfill site, or of part of such a site, to pay the tax chargeable on taxable disposals made at the site or part in question. 2 A controller of an authorised landfill site or of part of such a site— a is a person, other than the operator of the site, who determines, or is entitled to determine, what disposals of material may be made throughout the site or part in question, but b does not include a person who determines, or is entitled to determine, what disposals are made only because the person is an employee or agent of another person. 3 Regulations under this section may (among other things) make provision— a requiring WRA to be notified if a person becomes, or ceases to be, a controller of an authorised landfill site or of part of such a site; b about the circumstances in which a controller is required to pay tax; c for determining the amount of tax a controller is required to pay; d about the relationship between a requirement for a controller to pay tax and any liability of the operator of the authorised landfill site to pay tax; e about the procedure for requiring a controller to pay tax; f about when the tax must be paid; g about duties to keep and preserve records; h for penalties in respect of failures to comply with the regulations; i for reviews and appeals. 4 The regulations may amend or apply (with or without modifications) any enactment relating to the tax. Minor and consequential amendments to the Tax Collection and Management (Wales) Act 2016 90 Schedule 4 makes minor and consequential amendments to TCMA. Welsh Ministers' exercise of powers and duties under this Act 91 1 In exercising their powers and duties under this Act, the Welsh Ministers— a must have regard to the objective of reducing landfill disposals in Wales; b may have regard to such other matters as they think appropriate. 2 Subsection (1) does not apply to the exercise of powers and duties under section 92. Landfill Disposals Tax Communities Scheme Landfill Disposals Tax Communities Scheme 92 1 The Welsh Ministers must prepare and publish a Landfill Disposals Tax Communities Scheme on or before the day on which this Act comes fully into force. 2 The Scheme must make provision for grants to be given by the Welsh Ministers to persons engaged in activities which the Welsh Ministers consider will promote or improve the social or environmental well-being of areas in Wales affected by— a the making of landfill disposals, or b activities preparatory to the making of landfill disposals. 3 The Scheme may provide for the grants— a to be allocated by reference to criteria specified in the Scheme; b to be subject to conditions specified in the Scheme or by the Welsh Ministers. 4 The Welsh Ministers— a must review the Scheme— i at least once in the period of 4 years beginning with the day on which it is first published, and ii subsequently, at least once in each period of 4 years beginning with the day on which the previous review is concluded, and b must consult such persons as they think appropriate when doing so. 5 The Welsh Ministers may revise or revoke the Scheme following a review; but the Scheme may not be revoked within the period of 4 years beginning with the day on which it is first published. 6 If the Scheme is revised, the Welsh Ministers must publish the revised Scheme. 7 The Welsh Ministers must lay the Scheme, and any revised Scheme, before the National Assembly for Wales. PART 6 FINAL PROVISIONS Power to make consequential and transitional etc. provision 93 1 Regulations may make— a any incidental, consequential or supplemental provision, or b any transitional, transitory or saving provision, that the Welsh Ministers think appropriate for the purposes of, in connection with, or for giving full effect to, any provision contained in or made under this Act. 2 Regulations under this section may amend, revoke or repeal any enactment (including any enactment contained in or made under this Act). 3 In this section, “ enactment ” means an enactment (whenever enacted or made) which is, or is contained in— a an Act of Parliament, b an Act or a Measure of the National Assembly for Wales, or c subordinate legislation (within the meaning of the Interpretation Act 1978 (c. 30)) made under— i an Act of Parliament, or ii an Act or a Measure of the National Assembly for Wales. Regulations under this Act: general 94 1 Regulations under this Act are to be made by the Welsh Ministers. 2 A power to make regulations under this Act— a is exercisable by statutory instrument; b includes power to make different provision for different purposes. 3 A statutory instrument containing only regulations within subsection (4) is subject to annulment in pursuance of a resolution of the National Assembly for Wales. 4 Regulations are within this subsection if they are— a regulations made under section 16(3) (maximum percentage of non-qualifying materials to be contained in a qualifying mixture of materials), b regulations made under section 41(9) (contents of landfill invoice), or c regulations made under section 93 which meet the condition in subsection (5). 5 The condition is that the Welsh Ministers are satisfied that the regulations do not make any provision that may— a cause the amount of tax chargeable on a taxable disposal to be greater than the amount that would otherwise be chargeable on the disposal, or b cause tax to be chargeable where no tax would otherwise be chargeable. 6 Any other statutory instrument containing regulations under this Act, other than one to which section 95 applies, may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales. Regulations changing tax rates 95 1 This section applies to a statutory instrument containing only— a the second or subsequent regulations made under— i section 14(3) (standard rate of tax); ii section 14(6) (lower rate of tax); iii section 46(4) (unauthorised disposals rate of tax); b regulations made under section 93 which make provision that the Welsh Ministers think appropriate for the purposes of, in connection with, or for giving full effect to, any provision contained in regulations within paragraph (a). 2 The statutory instrument must be laid before the National Assembly for Wales. 3 If the instrument is not approved by resolution of the National Assembly for Wales during the period of 28 days beginning with the day on which the instrument is made, the regulations cease to have effect at the end of that period. 4 But if— a the National Assembly for Wales votes on a motion for a resolution to approve the instrument before the last day of that period, and b the motion is not passed, the regulations cease to have effect at the end of the day on which the vote takes place. 5 If— a regulations cease to have effect by virtue of subsection (3) or (4), b a taxable disposal was made at a time when the regulations were in force, and c the amount of tax chargeable on the disposal by virtue of the regulations is greater than the amount that would otherwise have been chargeable, the regulations are to be treated as never having had effect in relation to that disposal. 6 In calculating the period of 28 days mentioned in subsections (3) and (4), no account is to be taken of any period during which the National Assembly for Wales is— a dissolved, or b in recess for more than 4 days. Interpretation 96 1 In this Act— “ accounting period ” (“ cyfnod cyfrifyddu ”) has the meaning given by section 39(5); “ authorised landfill site ” (“ safle tirlenwi awdurdodedig ”) has the meaning given by section 5(1); “ enactment relating to the tax ” (“ deddfiad sy'n ymwneud â'r dreth ”) means— this Act and regulations made under it; TCMA and regulations made under it, as they apply in relation to the tax; “ environmental permit ” (“ trwydded amgylcheddol ”) has the meaning given by section 5(2); “ filing date ” (“ dyddiad ffeilio ”), in relation to a tax return, has the meaning given by section 39(4); “ land ” (“ tir ”) includes land covered by water where the land is above the low water mark of ordinary spring tides; “ landfill business ” (“ busnes tirlenwi ”) means a business, or a part of a business, in the course of which a person carries out taxable operations; “ landfill disposal ” (“ gwarediad tirlenwi ”) means a disposal of material— by way of landfill, and as waste; “ landfill disposal area ” (“ man gwarediadau tirlenwi ”) means an area of a landfill site where landfill disposals are made, or where such disposals have been or will be made; “ landfill site ” (“ safle tirlenwi ”) means— an authorised landfill site, or any other land where landfill disposals are made; “ landfill site activity ” (“ gweithgarwch safle tirlenwi ”) means receiving, keeping, sorting, using, treating, recovering or doing anything else with material at a landfill site; “ LTTA ” (“ DTTT ”) means the Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (anaw 1); “ material ” (“ deunydd ”) means material of all kinds, including objects, substances and products of all kinds; “ non-disposal area ” (“ man nad yw at ddibenion gwaredu ”) means an area designated under section 55; “ notice ” (“ hysbysiad ”) means notice in writing; “ operator ” (“ gweithredwr ”), in relation to an authorised landfill site, has the meaning given by section 7(4); “ partnership ” (“ partneriaeth ”) means— a partnership within the Partnership Act 1890 (c. 39), a limited partnership registered under the Limited Partnerships Act 1907 (c. 24), or a partnership or entity of a similar character formed under the law of a country or territory outside the United Kingdom; “ qualifying material ” (“ deunydd cymwys ”) has the meaning given by section 15; “ qualifying mixture of materials ” (“ cymysgedd cymwys o ddeunyddiau ”) has the meaning given by section 16; “ the register ” (“ y gofrestr ”) means the register kept under section 34; “ registered ” (“ cofrestredig ”) means registered under section 35 and “ registration ” (“ cofrestru ”) means registration under that section; “ restoration work ” (“ gwaith adfer ”) has the meaning given by section 8(4); “ tax ” (“ treth ”) means landfill disposals tax; “tax credit” (“ credyd treth” ) means a tax credit under regulations made under section 54; “ tax return ” (“ ffurflen dreth ”) means a tax return that a person is required to make under section 39; “ TCMA ” (“ DCRhT ”) means the Tax Collection and Management (Wales) Act 2016 (anaw 6); “ the tribunal ” (“ y tribiwnlys ”) means— the First-tier Tribunal, or where determined by or under Tribunal Procedure Rules, the Upper Tribunal; “ unincorporated body ” (“ corff anghorfforedig ”) does not include a partnership; “ WRA ” (“ ACC ”) means the Welsh Revenue Authority. 2 In this Act— a references to a disposal of material by way of landfill are to be interpreted in accordance with section 4; b references to a disposal of material as waste are to be interpreted in accordance with section 6 (and see also section 7); c references to a specified landfill site activity are to be interpreted in accordance with section 8; d references to a person carrying out taxable operations are to be interpreted in accordance with section 34(2). 3 For the purposes of this Act, an appeal is finally determined when— a it has been determined, and b there is no further possibility of the determination being varied or set aside (disregarding any power to grant permission to appeal out of time). 4 For the purposes of this Act, a description may be framed by reference to any matters or circumstances whatsoever. Coming into force 97 1 Part 1 (overview) and this Part come into force on the day after the day on which this Act receives Royal Assent. 2 The other provisions of this Act come into force on a day appointed by the Welsh Ministers in an order made by statutory instrument. 3 An order under subsection (2) may appoint different days for different purposes. Short title 98 The short title of this Act is the Landfill Disposals Tax (Wales) Act 2017. SCHEDULE 1 QUALIFYING MATERIAL: SPECIFIED MATERIALS AND CONDITIONS (introduced by section 15) General 1 The Table sets out— a in the second column, the materials that are specified for the purposes of requirement 1 in section 15; b in the third column, the conditions (if any) that apply in respect of the materials for the purposes of requirement 2 in that section. TABLE Group Materials Conditions 1 Rocks and soil Naturally occurring 2 Ceramic or concrete material 3 Minerals Processed or prepared 4 Furnace slags 5 Ash 6 Low activity inorganic compounds 7 Calcium sulphate 1 The environmental permit relating to the site at which the material is disposed of authorises landfill disposals of non-hazardous waste only. 2 The material is disposed of in a cell that does not contain any biodegradable waste. 8 Calcium hydroxide and brine Disposed of in a brine cavity Interpretation 2 The Table is to be interpreted in accordance with the following paragraphs of the Schedule. 3 The material in Group 1 comprises only— a rock; b clay; c sand; d gravel; e sandstone; f limestone; g crushed stone; h china clay; i construction stone; j stone from the demolition of buildings or structures; k slate; l sub-soil; m silt; n dredgings. 4 The material in Group 2 comprises only— a glass, including fritted enamel; b ceramics, including bricks, bricks and mortar, tiles, clay ware, pottery, china and refractories; c concrete, including reinforced concrete blocks, breeze blocks and aircrete blocks. 5 The material in Group 2 does not include— a glass fibre or glass-reinforced plastic; b concrete plant washings. 6 The material in Group 3 comprises only— a moulding sands, including used foundry sand; b clays, including moulding clays and clay absorbents (including Fuller's earth and bentonite); c mineral absorbents; d man-made mineral fibres, including glass fibres; e silica; f mica; g mineral abrasives. 7 The material in Group 3 does not include— a moulding sands containing organic binders; b man-made mineral fibres made from— i glass-reinforced plastic, or ii asbestos. 8 The material in Group 4 comprises only— a vitrified wastes and residues from the thermal processing of minerals where the wastes or residues are both fused and insoluble; b slag from waste incineration. 9 The material in Group 5 comprises only fly ash and bottom ash from— a wood or waste combustion, or b coal or petroleum coke combustion (including fly ash and bottom ash produced when coal or petroleum coke is burnt together with biomass). 10 The material in Group 5 does not include fly ash from— a sewage sludge, or b municipal, clinical or hazardous waste incinerators. 11 The material in Group 6 comprises only— a calcium based reaction wastes from titanium dioxide production; b calcium carbonate; c magnesium carbonate; d magnesium oxide; e magnesium hydroxide; f iron oxide; g ferric hydroxide; h aluminium oxide; i aluminium hydroxide; j zirconium dioxide. 12 Group 7 includes calcium sulphate, gypsum and calcium sulphate based plasters but does not include plasterboard. 13 In the third column of the Table, “ non-hazardous waste ” means waste that is not hazardous waste within the meaning of Directive 2008/98/EC of the European Parliament and of the Council of 18 November 2008 on waste. SCHEDULE 2 CONTENTS OF REGISTER (introduced by section 34(3)) General information 1 A person's entry in the register must contain the following information— a the person's name; b any trading name used by the person; c a statement of whether the registered person is a body corporate, an individual, a partnership or an unincorporated body; d the person's business address; e the address or description of each authorised landfill site of which the person is the operator; f the registration number assigned to the person by WRA. Representative members of corporate groups: additional information about group 2 If a registered person is the representative member of a group of bodies corporate designated under section 77, the person's entry in the register must include— a a statement of that fact; b the name and business address of every other body corporate that is a member of the group; c the address or description of each authorised landfill site of which any member of the group is the operator; d the name and business address of any body corporate or individual who is not a member of the group but who (either alone or in partnership) controls all of its members (see section 78). Partnerships and unincorporated bodies: additional information about members 3 Where a partnership or unincorporated body is registered in the name of the partnership or body, its entry in the register must include the name and address of each of its members. Interpretation 4 For the purposes of this Schedule, the business address of a body corporate, partnership or unincorporated body is the address of its registered or principal office. SCHEDULE 3 CONTENTS OF LANDFILL INVOICE (introduced by section 41(8)) 1 A landfill invoice must contain the following information— a an identifying number; b the date on which the invoice is issued; c the name and address of the person issuing the invoice; d the registration number assigned to that person by WRA; e the name and address of the person to whom the invoice is issued; f the date on which the taxable disposal is made; g a description of the material in the taxable disposal; h the rate of tax chargeable on the material in the taxable disposal; i the taxable weight of the material in the taxable disposal; j any discount applied under section 19(3) in respect of water present in the material; k any relief claimed in relation to the taxable disposal; l the amount of tax chargeable on the taxable disposal; m the total amount of consideration payable in respect of the invoice. 2 Where a landfill invoice is issued in respect of more than one taxable disposal, it must show, in respect of each taxable disposal, the information specified in paragraph 1(f) to (l). SCHEDULE 4 MINOR AND CONSEQUENTIAL AMENDMENTS TO THE TAX COLLECTION AND MANAGEMENT (WALES) ACT 2016 (introduced by section 90) 1 TCMA is amended as follows. 2 In section 39 (preservation of information etc.) (as amended by paragraph 7 of Schedule 23 to LTTA)— a the existing text becomes subsection (1); b after that subsection insert— 2 But this is subject to any requirement specified under section 21(7) (water discount record) or 43(2) (landfill disposals tax summary) of LDTA. 3 In section 40 (meaning of “filing date”) (as amended by paragraph 9 of Schedule 23 to LTTA), for the words from “, in relation to” to the end substitute — a in relation to a tax return for land transaction tax, is the day by which the return is required to be made under LTTA; b in relation to a tax return for landfill disposals tax, has the meaning given by section 39(4) of LDTA. 4 In section 104 (carrying out inspections under section 103: further provision)— a in the heading, after “103” insert “ , 103A or 103B ” ; b in subsection (1), after “103,” insert “ 103A or 103B, ” ; c in subsection (2), omit “business”. 5 In section 105 (carrying out inspections under section 103: use of equipment and materials)— a in the heading, after “103” insert “ , 103A or 103B ” ; b in subsection (1), for “103 onto the business” substitute “ 103, 103A or 103B onto the ” ; c after subsection (6) insert— 7 References in this section to a notice issued under section 103(3)(b)(i) include a notice issued under that provision as applied by sections 103A(4) and 103B(5). 6 In section 107 (producing authorisation to carry out inspections), after “103” insert “ , 103A, 103B ” . 7 In section 108 (approval of tribunal for inspection)— a in subsection (1)(a), after “103“ insert “ , 103A, 103B ” ; b in subsection (1)(b), after “103” insert “ , 103A or 103B ” ; c in subsection (2), after “103” insert “ , 103A or 103B ” ; d in subsection (4), for the words from “103” to the end of paragraph (a) (but not including the “and” after that paragraph) substitute “103, 103A or 103B only if— a it is satisfied that the applicable requirement is met, ; e after subsection (4) insert— 4A The applicable requirement is— a in the case of an inspection of a person's business premises under section 103, that WRA has grounds for believing that the inspection of the premises is required for the purpose of checking the person's tax position; b in the case of an inspection of a person's business premises under section 103A, that WRA has grounds for believing that the conditions set out in subsections (2) and (3) of that section are met; c in the case of an inspection of premises under section 103B, that WRA has grounds for believing the matters set out in subsection (1) of that section. 8 In section 111 (interpretation of Chapter 4)— a the existing text becomes subsection (1); b after that subsection insert— 2 For the purposes of the definition of “premises” in subsection (1) as it applies in relation to landfill disposals tax, “ land ” includes material (within the meaning of LDTA) that WRA has grounds for believing has been deposited on the surface of land or on a structure set into the surface, or under the surface of land. 9 In section 118 (penalty for failure to make tax return on or before filing date) (as amended by paragraph 39 of Schedule 23 to LTTA)— a the existing provision becomes subsection (1); b after that subsection insert— 2 But see section 118A for an exception to the rule above. 10 In section 121 (reduction in penalty for failure to make tax return: disclosure), in subsection (1), after “section 118,” insert “ 118A, ” . 11 In section 122 (penalty for failure to pay tax on time) (as substituted by paragraph 42 of Schedule 23 to LTTA)— a after subsection (2) insert— 2A But see section 122ZA for an exception to the rule in subsection (1). ; b in subsection (3), for “section 122A” substitute “ sections 122ZA and 122A ” . 12 In section 122A (further penalties for continuing failure to pay devolved tax) (inserted by paragraph 42 of Schedule 23 to LTTA), in subsection (1), after “section 122” insert “ or 122ZA ” . 13 In section 126 (reasonable excuse for failure to make tax return or pay tax) (as amended by paragraph 45 of Schedule 23 to LTTA), in subsection (2), for “section 122 or 122A” substitute “ sections 122 to 122A ” . 14 In section 127 (assessment of penalties) (as amended by paragraph 46 of Schedule 23 to LTTA)— a in subsection (5), after “section 122” insert “ , 122ZA ” ; b in subsection (6), after “section 122” insert “ , 122ZA ” . 15 In section 157A (late payment interest on penalties) (inserted by paragraph 58 of Schedule 23 to LTTA), in subsection (1), for “required to be paid under Part 5 of this Act” substitute “ relating to devolved tax ” . 16 In section 172 (appealable decisions) (as amended by paragraph 62 of Schedule 23 to LTTA), after subsection (2) insert— 2A In subsection (2), “ operator ”, “ authorised landfill site ”, “ registration ” and “ non-disposal area ” have the same meanings as in LDTA. 17 In section 182 (payment of penalties in the event of a review or appeal) (as amended by paragraph 64 of Schedule 23 to LTTA)— a in subsection (2), for “section 154” substitute “ the normal penalty payment date ” ; b in subsection (4), in paragraph (a), for “section 154” substitute “ the normal penalty payment date ” ; c after subsection (6) insert— 7 In this section, the “ normal penalty payment date ” means the date by which a penalty must be paid under— a section 154, or b section 70 of LDTA. 18 In section 190 (issue of notices by WRA) (as amended by paragraph 68 of Schedule 23 to LTTA), in subsection (9)(a), after “103(4) or 105(3)” insert “ (including any notice provided under section 103(4) as applied by sections 103A(4) and 103B(5)) ” . 19 In section 192 (interpretation) (as amended by paragraph 70 of Schedule 23 to LTTA)— a in subsection (2), insert at the appropriate places— “ landfill disposals tax ” (“ treth gwarediadau tirlenwi ”) has the same meaning as in LDTA; ; “ LDTA ” (“ DTGT ”) means the Landfill Disposals Tax (Wales) Act 2017 (anaw 3); ; b in that subsection, in the definition of “the Welsh Tax Acts”— i omit the “and” after paragraph (a); ii at the end of paragraph (b) insert , and c LDTA. 20 In section 193 (index of defined expressions) (as amended by paragraph 71 of Schedule 23 to LTTA), in Table 1, insert at the appropriate places— Landfill disposals tax (“ treth gwarediadau tirlenwi ”) section 192(2) LDTA (“ DTGT ”) section 192(2) S. 14(3) (6) in force at 18.10.2017 for specified purposes by S.I. 2017/955 , art. 2(a) S. 17 in force at 18.10.2017 by S.I. 2017/955 , art. 2(b) S. 33 in force at 18.10.2017 by S.I. 2017/955 , art. 2(c) S. 41(9) in force at 18.10.2017 by S.I. 2017/955 , art. 2(d) S. 46(4) in force at 18.10.2017 for specified purposes by S.I. 2017/955 , art. 2(e) S. 54 in force at 18.10.2017 by S.I. 2017/955 , art. 2(f) S. 87 in force at 18.10.2017 by S.I. 2017/955 , art. 2(g) S. 91 in force at 18.10.2017 by S.I. 2017/955 , art. 2(h) S. 60 in force at 8.11.2017 by S.I. 2017/955 , art. 3(a) S. 92 in force at 8.11.2017 by S.I. 2017/955 , art. 3(b) S. 8(4) in force at 25.1.2018 by S.I. 2018/35 , art. 2(a) S. 20(3)-(6) in force at 25.1.2018 by S.I. 2018/35 , art. 2(b) S. 21(1)-(5)(7) in force at 25.1.2018 by S.I. 2018/35 , art. 2(c) S. 24 in force at 25.1.2018 by S.I. 2018/35 , art. 2(d) S. 25 in force at 25.1.2018 by S.I. 2018/35 , art. 2(d) S. 26 in force at 25.1.2018 by S.I. 2018/35 , art. 2(d) S. 29(2)(3) in force at 25.1.2018 by S.I. 2018/35 , art. 2(e) S. 30 in force at 25.1.2018 by S.I. 2018/35 , art. 2(f) S. 31 in force at 25.1.2018 by S.I. 2018/35 , art. 2(g) S. 34 in force at 25.1.2018 by S.I. 2018/35 , art. 2(h) S. 35(2)-(5) in force at 25.1.2018 by S.I. 2018/35 , art. 2(i) S. 36 in force at 25.1.2018 by S.I. 2018/35 , art. 2(j) S. 37(5)(6) in force at 25.1.2018 by S.I. 2018/35 , art. 2(k) S. 38 in force at 25.1.2018 by S.I. 2018/35 , art. 2(l) S. 39(5)-(8) in force at 25.1.2018 by S.I. 2018/35 , art. 2(m) S. 40 in force at 25.1.2018 by S.I. 2018/35 , art. 2(n) S. 43(2) in force at 25.1.2018 by S.I. 2018/35 , art. 2(o) S. 55 in force at 25.1.2018 by S.I. 2018/35 , art. 2(p) S. 57(3) in force at 25.1.2018 by S.I. 2018/35 , art. 2(q) S. 58 in force at 25.1.2018 by S.I. 2018/35 , art. 2(r) S. 59 in force at 25.1.2018 by S.I. 2018/35 , art. 2(s) S. 66 in force at 25.1.2018 by S.I. 2018/35 , art. 2(t) S. 67 in force at 25.1.2018 by S.I. 2018/35 , art. 2(u) S. 70 in force at 25.1.2018 by S.I. 2018/35 , art. 2(v) S. 71 in force at 25.1.2018 by S.I. 2018/35 , art. 2(v) S. 72 in force at 25.1.2018 by S.I. 2018/35 , art. 2(v) S. 77 in force at 25.1.2018 by S.I. 2018/35 , art. 2(w) S. 78 in force at 25.1.2018 by S.I. 2018/35 , art. 2(w) S. 79 in force at 25.1.2018 by S.I. 2018/35 , art. 2(w) S. 80 in force at 25.1.2018 by S.I. 2018/35 , art. 2(w) S. 81 in force at 25.1.2018 by S.I. 2018/35 , art. 2(w) S. 82 in force at 25.1.2018 by S.I. 2018/35 , art. 2(w) S. 83 in force at 25.1.2018 by S.I. 2018/35 , art. 2(w) S. 84 in force at 25.1.2018 by S.I. 2018/35 , art. 2(w) S. 90 in force at 25.1.2018 for specified purposes by S.I. 2018/35 , art. 2(x) Sch. 2 para. 1 in force at 25.1.2018 by S.I. 2018/35 , art. 2(y) Sch. 2 para. 2 in force at 25.1.2018 by S.I. 2018/35 , art. 2(y) Sch. 2 para. 3 in force at 25.1.2018 by S.I. 2018/35 , art. 2(y) Sch. 2 para. 4 in force at 25.1.2018 by S.I. 2018/35 , art. 2(y) Sch. 4 para. 4 in force at 25.1.2018 by S.I. 2018/35 , art. 2(z)(i) Sch. 4 para. 5 in force at 25.1.2018 by S.I. 2018/35 , art. 2(z)(i) Sch. 4 para. 6 in force at 25.1.2018 by S.I. 2018/35 , art. 2(z)(i) Sch. 4 para. 7 in force at 25.1.2018 by S.I. 2018/35 , art. 2(z)(i) Sch. 4 para. 8 in force at 25.1.2018 by S.I. 2018/35 , art. 2(z)(i) Sch. 4 para. 16 in force at 25.1.2018 by S.I. 2018/35 , art. 2(z)(ii) Sch. 4 para. 18 in force at 25.1.2018 by S.I. 2018/35 , art. 2(z)(iii) Sch. 4 para. 19 in force at 25.1.2018 by S.I. 2018/35 , art. 2(z)(iii) Sch. 4 para. 20 in force at 25.1.2018 by S.I. 2018/35 , art. 2(z)(iii) S. 21(6) (8) in force at 1.4.2018 by S.I. 2018/35 , art. 3 S. 43(1)(3) in force at 1.4.2018 by S.I. 2018/35 , art. 3 S. 14(3) (6) in force at 1.4.2018 in so far as not already in force by S.I. 2018/35 , art. 3 S. 46(4) in force at 1.4.2018 in so far as not already in force by S.I. 2018/35 , art. 3 S. 8(1)-(3) (5)(6) in force at 1.4.2018 by S.I. 2018/35 , art. 3 S. 14(1) (2) (4) (5) (7) (8) in force at 1.4.2018 by S.I. 2018/35 , art. 3 S. 20(1) (2) (7) (8) in force at 1.4.2018 by S.I. 2018/35 , art. 3 S. 29(1) in force at 1.4.2018 by S.I. 2018/35 , art. 3 S. 35(1) in force at 1.4.2018 by S.I. 2018/35 , art. 3 S. 46(1)-(3) (5) in force at 1.4.2018 by S.I. 2018/35 , art. 3 S. 57(1) (2) (4)-(6) in force at 1.4.2018 by S.I. 2018/35 , art. 3 S. 44 in force at 1.4.2018 by S.I. 2018/35 , art. 3 S. 45 in force at 1.4.2018 by S.I. 2018/35 , art. 3 S. 53 in force at 1.4.2018 by S.I. 2018/35 , art. 3 S. 74 in force at 1.4.2018 by S.I. 2018/35 , art. 3 S. 75 in force at 1.4.2018 by S.I. 2018/35 , art. 3 S. 76 in force at 1.4.2018 by S.I. 2018/35 , art. 3 S. 90 in force at 1.4.2018 in so far as not already in force by S.I. 2018/35 , art. 3 S. 2 in force at 1.4.2018 by S.I. 2018/35 , art. 3 S. 3 in force at 1.4.2018 by S.I. 2018/35 , art. 3 S. 4 in force at 1.4.2018 by S.I. 2018/35 , art. 3 S. 5 in force at 1.4.2018 by S.I. 2018/35 , art. 3 S. 6 in force at 1.4.2018 by S.I. 2018/35 , art. 3 S. 7 in force at 1.4.2018 by S.I. 2018/35 , art. 3 S. 9 in force at 1.4.2018 by S.I. 2018/35 , art. 3 S. 10 in force at 1.4.2018 by S.I. 2018/35 , art. 3 S. 11 in force at 1.4.2018 by S.I. 2018/35 , art. 3 S. 12 in force at 1.4.2018 by S.I. 2018/35 , art. 3 S. 13 in force at 1.4.2018 by S.I. 2018/35 , art. 3 S. 15 in force at 1.4.2018 by S.I. 2018/35 , art. 3 S. 16 in force at 1.4.2018 by S.I. 2018/35 , art. 3 S. 18 in force at 1.4.2018 by S.I. 2018/35 , art. 3 S. 19 in force at 1.4.2018 by S.I. 2018/35 , art. 3 S. 22 in force at 1.4.2018 by S.I. 2018/35 , art. 3 S. 23 in force at 1.4.2018 by S.I. 2018/35 , art. 3 S. 27 in force at 1.4.2018 by S.I. 2018/35 , art. 3 S. 28 in force at 1.4.2018 by S.I. 2018/35 , art. 3 S. 32 in force at 1.4.2018 by S.I. 2018/35 , art. 3 S. 42 in force at 1.4.2018 by S.I. 2018/35 , art. 3 S. 47 in force at 1.4.2018 by S.I. 2018/35 , art. 3 S. 48 in force at 1.4.2018 by S.I. 2018/35 , art. 3 S. 49 in force at 1.4.2018 by S.I. 2018/35 , art. 3 S. 50 in force at 1.4.2018 by S.I. 2018/35 , art. 3 S. 51 in force at 1.4.2018 by S.I. 2018/35 , art. 3 S. 52 in force at 1.4.2018 by S.I. 2018/35 , art. 3 S. 56 in force at 1.4.2018 by S.I. 2018/35 , art. 3 S. 61 in force at 1.4.2018 by S.I. 2018/35 , art. 3 S. 62 in force at 1.4.2018 by S.I. 2018/35 , art. 3 S. 63 in force at 1.4.2018 by S.I. 2018/35 , art. 3 S. 64 in force at 1.4.2018 by S.I. 2018/35 , art. 3 S. 65 in force at 1.4.2018 by S.I. 2018/35 , art. 3 S. 68 in force at 1.4.2018 by S.I. 2018/35 , art. 3 S. 69 in force at 1.4.2018 by S.I. 2018/35 , art. 3 S. 73 in force at 1.4.2018 by S.I. 2018/35 , art. 3 S. 85 in force at 1.4.2018 by S.I. 2018/35 , art. 3 S. 86 in force at 1.4.2018 by S.I. 2018/35 , art. 3 S. 88 in force at 1.4.2018 by S.I. 2018/35 , art. 3 S. 89 in force at 1.4.2018 by S.I. 2018/35 , art. 3 Sch. 4 para. 2 in force at 1.4.2018 by S.I. 2018/35 , art. 3 Sch. 4 para. 3 in force at 1.4.2018 by S.I. 2018/35 , art. 3 Sch. 4 para. 9 in force at 1.4.2018 by S.I. 2018/35 , art. 3 Sch. 4 para. 10 in force at 1.4.2018 by S.I. 2018/35 , art. 3 Sch. 4 para. 11 in force at 1.4.2018 by S.I. 2018/35 , art. 3 Sch. 4 para. 12 in force at 1.4.2018 by S.I. 2018/35 , art. 3 Sch. 4 para. 13 in force at 1.4.2018 by S.I. 2018/35 , art. 3 Sch. 4 para. 14 in force at 1.4.2018 by S.I. 2018/35 , art. 3 Sch. 4 para. 15 in force at 1.4.2018 by S.I. 2018/35 , art. 3 Sch. 4 para. 17 in force at 1.4.2018 by S.I. 2018/35 , art. 3 Sch. 1 para. 1 in force at 1.4.2018 by S.I. 2018/35 , art. 3 Sch. 1 para. 2 in force at 1.4.2018 by S.I. 2018/35 , art. 3 Sch. 1 para. 3 in force at 1.4.2018 by S.I. 2018/35 , art. 3 Sch. 1 para. 4 in force at 1.4.2018 by S.I. 2018/35 , art. 3 Sch. 1 para. 5 in force at 1.4.2018 by S.I. 2018/35 , art. 3 Sch. 1 para. 6 in force at 1.4.2018 by S.I. 2018/35 , art. 3 Sch. 1 para. 7 in force at 1.4.2018 by S.I. 2018/35 , art. 3 Sch. 1 para. 8 in force at 1.4.2018 by S.I. 2018/35 , art. 3 Sch. 1 para. 9 in force at 1.4.2018 by S.I. 2018/35 , art. 3 Sch. 1 para. 10 in force at 1.4.2018 by S.I. 2018/35 , art. 3 Sch. 1 para. 11 in force at 1.4.2018 by S.I. 2018/35 , art. 3 Sch. 1 para. 12 in force at 1.4.2018 by S.I. 2018/35 , art. 3 Sch. 1 para. 13 in force at 1.4.2018 by S.I. 2018/35 , art. 3 Sch. 3 para. 1 in force at 1.4.2018 by S.I. 2018/35 , art. 3 Sch. 3 para. 2 in force at 1.4.2018 by S.I. 2018/35 , art. 3 Sch. 4 para. 1 in force at 1.4.2018 by S.I. 2018/35 , art. 3 S. 37(1)-(4) in force at 1.4.2018 by S.I. 2018/35 , art. 3 S. 39(1)-(4) in force at 1.4.2018 by S.I. 2018/35 , art. 3 S. 41(1)-(8) in force at 1.4.2018 by S.I. 2018/35 , art. 3 S. 37(4)(b) and word inserted (1.4.2018) by The Landfill Disposals Tax (Administration) (Wales) Regulations 2018 (S.I. 2018/101) , reg. 1(2) , Sch. para. 2(b) S. 37(4)(a): words in s. 37(4) renumbered as s. 37(4)(a) (1.4.2018) by The Landfill Disposals Tax (Administration) (Wales) Regulations 2018 (S.I. 2018/101) , reg. 1(2) , Sch. para. 2(a) S. 42(1A) inserted (1.4.2018) by The Landfill Disposals Tax (Administration) (Wales) Regulations 2018 (S.I. 2018/101) , reg. 1(2) , Sch. para. 3 S. 43(1)(aa) inserted (1.4.2018) by The Landfill Disposals Tax (Administration) (Wales) Regulations 2018 (S.I. 2018/101) , reg. 1(2) , Sch. para. 4(b) Word in s. 43(1)(a) omitted (1.4.2018) by virtue of The Landfill Disposals Tax (Administration) (Wales) Regulations 2018 (S.I. 2018/101) , reg. 1(2) , Sch. para. 4(a) S. 77(8)(ba) inserted (1.4.2018) by The Landfill Disposals Tax (Administration) (Wales) Regulations 2018 (S.I. 2018/101) , reg. 1(2) , Sch. para. 5(a) Words in s. 77(8)(c) substituted (1.4.2018) by The Landfill Disposals Tax (Administration) (Wales) Regulations 2018 (S.I. 2018/101) , reg. 1(2) , Sch. para. 5(b) S. 83(8)(ba) inserted (1.4.2018) by The Landfill Disposals Tax (Administration) (Wales) Regulations 2018 (S.I. 2018/101) , reg. 1(2) , Sch. para. 6(a) Words in s. 83(8)(c) substituted (1.4.2018) by The Landfill Disposals Tax (Administration) (Wales) Regulations 2018 (S.I. 2018/101) , reg. 1(2) , Sch. para. 6(b) Words in s. 96(1) inserted (1.4.2018) by The Landfill Disposals Tax (Administration) (Wales) Regulations 2018 (S.I. 2018/101) , reg. 1(2) , Sch. para. 7 S. 60(8) inserted (25.5.2018) by Data Protection Act 2018 (c. 12) , s. 212(1) , Sch. 19 para. 225(3)(a) (with ss. 117 , 209 , 210 ); S.I. 2018/625 , reg. 2(1)(g) Words in s. 60(4)(a) substituted (25.5.2018) by Data Protection Act 2018 (c. 12) , s. 212(1) , Sch. 19 para. 225(2)(a) (with ss. 117 , 209 , 210 ); S.I. 2018/625 , reg. 2(1)(g) S. 29(1)(a) substituted (11.10.2018) by The Landfill Disposals Tax (Wales) Act 2017 (Site Restoration Relief) (Amendment) Regulations 2018 (S.I. 2018/1057) , regs. 1(2) , 2 Words in s. 32(1)(a) substituted (19.7.2019) by The Landfill Disposals Tax (Wales) Act 2017 (Reliefs) (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/1143) , regs. 1(2) , 3(a) Words in s. 32(1)(d) inserted (19.7.2019) by The Landfill Disposals Tax (Wales) Act 2017 (Reliefs) (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/1143) , regs. 1(2) , 3(b) Words in s. 8(4) substituted (19.7.2019) by The Landfill Disposals Tax (Wales) Act 2017 (Reliefs) (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/1143) , regs. 1(2) , 2 Act: power to modify conferred (9.9.2022) by Welsh Tax Acts etc. (Power to Modify) Act 2022 (asc 2) , ss. 1 , 9 (with s. 2(4)-(6) )
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[uk-legislation-anaw][anaw] 2024-05-05
http://www.legislation.gov.uk/anaw/2016/5/2021-01-21
http://www.legislation.gov.uk/anaw/2016/5/2021-01-21 Nurse Staffing Levels (Wales) Act 2016 An Act of the National Assembly for Wales to make provision about Local Health Boards and NHS Trusts in Wales establishing nurse staffing levels. text text/xml en Statute Law Database 2021-06-01 Expert Participation 2021-01-21 Nurse Staffing Levels (Wales) Act 2016 2016 anaw 5 An Act of the National Assembly for Wales to make provision about Local Health Boards and NHS Trusts in Wales establishing nurse staffing levels. [21 March 2016] Having been passed by the National Assembly for Wales and having received the assent of Her Majesty, it is enacted as follows: Nurse staffing levels 1 1 In Part 2 of the National Health Service (Wales) Act 2006 (c.42) (health service bodies), in Chapter 4 (miscellaneous), before section 26 insert— Nursing services Duty to have regard to providing sufficient nurses 25A 1 Subsection (2) applies where a Local Health Board is considering the extent of provision of nursing services for its area necessary to meet all reasonable requirements. 2 The Local Health Board must have regard to the importance of— a providing sufficient nurses to allow the nurses time to care for patients sensitively, and b where securing the provision of nursing services, ensuring that there are sufficient nurses to allow the nurses time to care for patients sensitively. 3 Where an NHS Trust in Wales provides nursing services it must provide those services to such extent as it considers necessary to meet all reasonable requirements; and subsection (4) applies where an NHS Trust in Wales is considering the extent of provision of nursing services. 4 The NHS Trust must have regard to the importance of— a providing sufficient nurses to allow the nurses time to care for patients sensitively, and b where securing the provision of nursing services, ensuring that there are sufficient nurses to allow the nurses time to care for patients sensitively. 5 For the purposes of having regard to the importance of providing sufficient nurses to allow the nurses time to care for patients sensitively, a Local Health Board or NHS Trust in Wales must (among other things) undertake workforce planning (including planning the recruitment, retention, education and training of nurses). 6 In this section, and in sections 25B to 25E, references to— a a nurse providing care for patients include the provision of care by a person other than a nurse acting under the supervision of, or discharging duties delegated to the person by, a nurse; b a “nurse” mean a registered nurse; c an “NHS Trust in Wales” mean an NHS trust all or most of whose hospitals, establishments and facilities are situated in Wales. Nurse staffing levels Duty to calculate and take steps to maintain nurse staffing levels 25B 1 Where a Local Health Board or NHS Trust in Wales provides nursing services in a situation to which this section applies, it must— a designate a person or a description of person to calculate the number of nurses appropriate to provide care to patients that meets all reasonable requirements in that situation (the “nurse staffing level”), b take all reasonable steps to maintain the nurse staffing level, and c make arrangements for the purpose of informing patients of the nurse staffing level. 2 A person designated by virtue of subsection (1)(a) (“a designated person”) must calculate the nurse staffing level in accordance with section 25C. 3 This section applies to the following situations— a adult acute medical inpatient wards, b adult acute surgical inpatient wards, and c such other situations as the Welsh Ministers may by regulations specify. Nurse staffing levels: method of calculation 25C 1 When calculating a nurse staffing level, a designated person must— a exercise professional judgement, and b take into account each of the following— i the average ratio of nurses to patients appropriate to provide care to patients that meets all reasonable requirements, estimated for a specified period using evidence-based workforce planning tools; ii the extent to which patients' well-being is known to be particularly sensitive to the provision of care by a nurse. 2 A designated person may calculate different nurse staffing levels— a in relation to different periods of time; b depending on the conditions in which care is provided by a nurse. Nurse staffing levels: guidance 25D 1 The Welsh Ministers must issue guidance about the duties under sections 25B and 25C and Local Health Boards and any NHS Trust to which those sections apply must have regard to the guidance. 2 The guidance may set out, in particular, that when calculating a nurse staffing level a designated person should exercise professional judgement by taking the following into account— a the qualifications, competencies, skills and experience of the nurses providing care to patients; b the conditions in which care by a nurse is provided; c the potential impact on care by a nurse of— i the physical condition and layout of the ward or other situation in which the care is provided; ii the turnover of patients receiving the care; d services or care provided to patients by other health professionals or other staff (for example, health care support workers), and their qualifications, competencies, skills and experience; e the extent to which the nurses providing care are required to undertake supervisory or administrative functions. 3 The guidance may also make provision about workforce planning that Local Health Boards and NHS Trusts may undertake in order to enable them to comply with their duties under sections 25B and 25C. 4 Before issuing guidance the Welsh Ministers must consult— a Local Health Boards and any NHS Trust that is under a duty to have regard to the guidance, b such organisations as appear to them to represent the interests of any— i providers of care homes, or ii providers of independent hospitals in Wales, likely to be affected by the guidance, c such organisations as appear to them to represent the interests of any other persons likely to be affected by the guidance, and d such other persons likely to be affected by the guidance as they consider appropriate. 5 For the purposes of subsection (4)— “ care home ” means premises at which a care home service within the meaning given by paragraph 1 of Schedule 1 to the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2) is provided, and “ independent hospital ” has the meaning given in section 2 of the Care Standards Act 2000 (c.14). Nurse staffing levels: reports 25E 1 Each Local Health Board and any NHS Trust to which the duty in section 25B applies must submit a nurse staffing levels report (whether or not as part of a wider report) in accordance with this section. 2 A nurse staffing levels report must set out, in respect of the period to which the report relates (the “reporting period”)— a the extent to which nurse staffing levels have been maintained; b the impact the Board or Trust considers that not maintaining nurse staffing levels has had on care provided to patients by nurses, for example by reference to complaints about care provided to patients by nurses made in accordance with the Complaints Regulations or by reference to an increase in incidents of harm caused by— i errors in administering medication to patients; ii patients falling; iii patients developing hospital-acquired pressure ulcers; c any actions taken in response to not maintaining nurse staffing levels. 3 Each nurse staffing levels report must be submitted to the Welsh Ministers no later than 30 days after the last day of the reporting period. 4 The Welsh Ministers must, after the expiry of each reporting period— a prepare and publish a document summarising the content of the nurse staffing levels reports submitted in respect of that reporting period, and b lay each report submitted to them in that period before the National Assembly for Wales. 5 For the purposes of this section the reporting period is— a in the case of the initial reporting period, the period of three years beginning with the commencement of this section, and b in the case of all subsequent reporting periods, the period of three years beginning with the day after the last day of the preceding reporting period. 6 In subsection (2)(b) “ Complaints Regulations ” means regulations made under— a section 113 of the Health and Social Care (Community Health and Standards) Act 2003 (c.43); b the NHS Redress (Wales) Measure 2008 (nawm 1). 2 In section 203(6) of the National Health Service (Wales) Act 2006 (c.42) (subordinate legislation: affirmative resolution) after “containing” insert “ regulations under section 25B(3)(c) or ” . 3 In section 207 of the National Health Service (Wales) Act 2006 (c.42) (index of defined expressions) after the entry in the table for “NHS trust order” insert “ nurse staffing level ” in the first column and insert “ section 25B(1)(a) ” next to it in the second column. Commencement 2 1 This Act comes into force on the day on which this Act receives Royal Assent except for section 1 which comes into force on such day as the Welsh Ministers may appoint by order made by statutory instrument. 2 An order under subsection (1) may— a appoint different days for different purposes; b make transitional, transitory or saving provision in connection with the coming into force of a provision of this Act. Short title 3 The short title of this Act is the Nurse Staffing Levels (Wales) Act 2016. S. 1(1) in force at 3.8.2016 for specified purposes by S.I. 2016/829 , art. 2(a) S. 1(1) in force at 6.4.2017 for specified purposes by S.I. 2016/829 , art. 2(b) S. 1(1) in force at 6.4.2018 in so far as not already in force by S.I. 2016/829 , art. 2(c) S. 1(2) (3) in force at 21.1.2021 by S.I. 2021/61 , art. 2
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[uk-legislation-anaw][anaw] 2024-05-05
http://www.legislation.gov.uk/anaw/2014/3/2014-01-28
http://www.legislation.gov.uk/anaw/2014/3/2014-01-28 Control of Horses (Wales) Act 2014 An Act of the National Assembly for Wales to make provision for and in connection with the taking of action in relation to horses which are in public places without lawful authority or which are on other land without consent. text text/xml en Statute Law Database 2023-01-30 Expert Participation 2014-01-28 Control of Horses (Wales) Act 2014 2014 anaw 3 An Act of the National Assembly for Wales to make provision for and in connection with the taking of action in relation to horses which are in public places without lawful authority or which are on other land without consent. [27 January 2014] Having been passed by the National Assembly for Wales and having received the assent of Her Majesty, it is enacted as follows: Overview 1 This Act makes provision for local authorities to seize, impound and dispose of horses which— a are in public places without lawful authority, or b are on other land without the consent of the occupier of the land. Power of local authority to seize horses 2 1 A local authority may seize and impound a horse which is on any highway, or in any other public place, in the local authority's area if the local authority has reasonable grounds for believing that the horse is there without lawful authority. 2 A local authority may seize and impound a horse which is on any other land in the local authority's area if the local authority has reasonable grounds for believing— a in the case of land of which the local authority is the occupier, that the horse is there without the local authority's consent, or b in the case of other land in the local authority's area, that the horse is there without the consent of the occupier of the land and that the occupier consents to the local authority seizing and impounding it. Notices about seizure etc. 3 1 A local authority must, within 24 hours of seizing a horse under section 2, place in a conspicuous position at or near the place where it was seized, a written notice— a stating that the horse has been seized and the date and time at which it was seized, and b giving details of how contact can be made with the local authority. 2 A local authority must, as soon as reasonably practicable after seizing a horse under section 2, take reasonable steps to ascertain who is the owner of the horse. 3 A local authority must, within 24 hours of seizing a horse under section 2, give a written notice to— a a constable, and b if any person appears to the local authority to be the owner of the horse or to be acting on behalf of the owner in relation to the horse, that person. 4 Where, within the period of 7 days beginning with that on which a horse is seized under section 2, a local authority ascertains that a person who has not been given a written notice under subsection (3)(b) is the owner of the horse, the local authority must, within 24 hours, give a written notice to that person. 5 A notice under subsection (3) or (4) must be dated and include— a a brief description of the horse, b a statement of the date, time and place at which the horse was seized, and c details of how contact can be made with the local authority. 6 A notice under subsection (3)(b) or (4) must also state— a why the recipient appears to the local authority to be the owner of the horse or to be acting on behalf of the owner in relation to the horse, and b the effect of the operation of section 5 in relation to the horse (including when the power conferred by subsection (3) of that section will become available). 7 A notice under subsection (3)(a) must also state who has been given a notice under subsection (3)(b) in relation to the horse. Costs of seizure etc. 4 1 The owner of a horse seized by a local authority under section 2 is liable to pay to the local authority costs reasonably incurred in the seizure and impounding of the horse and in feeding and maintaining it while it is impounded. 2 The local authority is not required to return the horse until the costs so incurred have been paid. 3 The local authority must give to the owner a notice stating the amount that it considers the owner is liable to pay under subsection (1) and containing an explanation of— a how that amount was arrived at, and b the right to refer a dispute for resolution by the Welsh Ministers and how to exercise it. Disposal of impounded horses 5 1 Subject to section 7, this section applies if, after a horse has been seized by a local authority under section 2— a neither the owner of the horse nor a person acting on behalf of the owner of the horse has contacted the local authority before the end of the period of 7 days beginning with the relevant day, or b the owner of the horse or a person acting on behalf of the owner of the horse has contacted the local authority before the end of that period but, having been given notice under subsection (3) of section 4, has failed to comply with subsection (1) of that section before the end of the period of 7 days beginning with the day on which the notice was received. 2 The “ relevant day ” means— a if the local authority gives notice under section 3(4), the day on which that notice is given, and b otherwise, the day on which the local authority places the notice under section 3(1). 3 The local authority may sell or otherwise dispose of the horse (including by arranging for its destruction). 4 Where there are no proceeds arising from the disposal, or the amount of the costs incurred in connection with the disposal exceeds the amount of such proceeds, the owner of the horse is liable to pay to the local authority the amount of any costs incurred in connection with the disposal, or the amount of that excess. 5 Where the amount of any proceeds arising from the disposal exceeds the amount of the costs incurred in connection with the disposal, the local authority is liable to pay the excess to the owner of the horse. 6 But subsection (5) does not require the payment of any amount to a person if the local authority has previously paid that amount to a person whom it reasonably believed to be the owner of the horse. 7 The local authority must give to the owner notice stating the amount that it considers the owner is liable to pay under subsection (4) or that it is liable to pay under subsection (5) and containing an explanation of— a how that amount was arrived at, and b the right to refer a dispute for resolution by the Welsh Ministers and how to exercise it. Record of horses dealt with 6 1 A local authority must keep a register of all horses seized by it under section 2. 2 The register must contain, in relation to each horse— a a brief description of the horse, b a statement of the date, time and place at which it was seized, c a statement of when it was impounded, and d details of the steps taken to ascertain the identity of its owner, and, if the horse has been disposed of under section 5, particulars of the manner in which it was disposed of. 3 The register must be open for inspection by the public (whether in person or via the internet) at all reasonable times. Resolution of disputes about amounts payable 7 1 This section applies where a dispute arises between the owner of a horse and a local authority as to— a the amount that the owner of the horse is liable to pay to the local authority under section 4(1) or 5(4), or b the amount that the local authority is liable to pay to the owner of the horse under section 5(5). 2 The owner of the horse may, within the period of 7 days beginning with that on which the owner receives notice under section 4(3) or 5(7), refer the dispute for resolution by the Welsh Ministers by giving to the Welsh Ministers notice containing a statement of the reasons for disputing the amount. 3 Where the Welsh Ministers receive a notice under subsection (2) they must forward the notice to the local authority. 4 The local authority may make representations to the Welsh Ministers within the period of 7 days beginning with that on which it receives the notice forwarded under subsection (3). 5 The Welsh Ministers may require the local authority to provide any information which they consider may assist them in resolving the dispute. 6 The Welsh Ministers must resolve the dispute by determining the amount of the liability as soon as is reasonably practicable in all the circumstances. 7 Where the dispute relates to liability under section 4(1), the local authority may not dispose of the horse while the dispute is awaiting resolution by the Welsh Ministers. Consequential repeals 8 The following cease to have effect— a section 29 of the Cardiff City Council Act 1984 (c. xv); b in section 15(8) of the Mid Glamorgan County Council Act 1987 (c. vii), the words “horses (including ponies, mules, jennets),”; and c in section 35(7) of the West Glamorgan Act 1987 (c. viii), the word “horses,”. Interpretation 9 In this Act— “ horse ” (“ ceffyl ”) includes a pony, donkey or mule or any other equine animal; “ local authority ” (“ awdurdod lleol ”) means the council of a Welsh county or county borough. Commencement and short title 10 1 This Act comes into force on the day after the day on which it receives Royal Assent. 2 The short title of this Act is the Control of Horses (Wales) Act 2014. S. 8 in force at 28.1.2014, see s. 10(1) S. 10 in force at 28.1.2014, see s. 10(1) S. 1 in force at 28.1.2014, see s. 10(1) S. 2 in force at 28.1.2014, see s. 10(1) S. 3 in force at 28.1.2014, see s. 10(1) S. 4 in force at 28.1.2014, see s. 10(1) S. 5 in force at 28.1.2014, see s. 10(1) S. 6 in force at 28.1.2014, see s. 10(1) S. 7 in force at 28.1.2014, see s. 10(1) S. 9 in force at 28.1.2014, see s. 10(1)
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[uk-legislation-anaw][anaw] 2024-05-05
http://www.legislation.gov.uk/anaw/2014/2/2014-04-01
http://www.legislation.gov.uk/anaw/2014/2/2014-04-01 National Health Service Finance (Wales) Act 2014 An Act of the National Assembly for Wales to make provision in relation to the financial duties of Local Health Boards. text text/xml en Statute Law Database 2023-02-02 Expert Participation 2014-04-01 National Health Service Finance (Wales) Act 2014 2014 anaw 2 An Act of the National Assembly for Wales to make provision in relation to the financial duties of Local Health Boards. [27 January 2014] Having been passed by the National Assembly for Wales and having received the assent of Her Majesty, it is enacted as follows: Introduction Overview 1 The main provision of this Act amends the National Health Service (Wales) Act 2006 so that the existing duty on each Local Health Board in Wales to secure that its expenditure does not exceed its funding in a financial year instead becomes a duty to secure that its expenditure does not exceed its funding over a period of three financial years; and may be subject to a margin of tolerance permitted by the Welsh Ministers. Amendments to the National Health Service (Wales) Act 2006 Financial duties of Local Health Boards 2 1 Chapter 6 of Part 11 of National Health Service (Wales) Act 2006 is amended as follows. 2 For subsection (1) of section 175 (financial duties of Local Health Boards) substitute— 1 Each Local Health Board must, in respect of each three-year accounting period, perform its functions so as to secure that its expenditure which is attributable to the performance by it of its functions in that period (not including its general ophthalmic services expenditure) does not exceed the aggregate of— a the amount allotted to it for each financial year in that period under section 174(1)(b), b any sums received by it in each financial year in that period under any other provision of this Act, and c any sums received by it in each financial year in that period otherwise than under this Act for the purpose of enabling it to defray any such expenditure, by an amount that is more than is determined in writing by the Welsh Ministers. 3 For subsection (2) of section 175 substitute— 2 The Welsh Ministers must give directions to a Local Health Board requiring it— a to prepare a plan which sets out its strategy for securing that it complies with the duty under subsection (1) while improving— i the health of the people for whom it is responsible, and ii the provision of health care to such people; b to do such other things as appear to be requisite to secure that it complies with that duty. 4 After subsection (2) of section 175 insert— 2A A Local Health Board does not comply with a direction given to it under subsection (2)(a) unless the plan prepared in accordance with that direction has been submitted to and approved by the Welsh Ministers. 5 After subsection (6) of section 175 insert— 6A The Welsh Ministers must, in relation to each three-year accounting period, report to the National Assembly for Wales before the end of the financial year following that period on whether each Local Health Board has complied with the duty under subsection (1). 6 At the end of section 175 insert a new subsection— 8 Three-year accounting period” means a period of three years which begins with the first day of a financial year, so that the first begins with 1 April 2014 and ends with 31 March 2017 and the second begins with 1 April 2015 and ends with 31 March 2018 (and so on). 7 Section 176 (resource limits for Local Health Boards) is repealed. 8 In paragraph 1(1) of Schedule 8 (further provision about the expenditure of Local Health Boards) for “to 176” substitute “ and 175 ” . 9 In paragraph 2 of Schedule 8 the existing text becomes sub-paragraph (1) and insert— 2 In section 175 “ expenditure ” includes the use of resources through their consumption or reduction in value. General Short title and commencement 3 1 The short title of this Act is the National Health Service Finance (Wales) Act 2014. 2 This Act comes into force on 1 April 2014. S. 2 in force at 1.4.2014, see s. 3(2) S. 3 in force at 1.4.2014, see s. 3(2) S. 1 in force at 1.4.2014, see s. 3(2)
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[uk-legislation-anaw][anaw] 2024-05-05
http://www.legislation.gov.uk/anaw/2013/5/2015-12-01
http://www.legislation.gov.uk/anaw/2013/5/2015-12-01 Human Transplantation (Wales) Act 2013 An Act of the National Assembly for Wales to make provision concerning the consent required for the removal, storage and use of human organs and tissue for the purpose of transplantation; and for connected purposes. text text/xml en Statute Law Database 2023-02-13 Expert Participation 2015-12-01 Human Transplantation (Wales) Act 2013 2013 anaw 5 An Act of the National Assembly for Wales to make provision concerning the consent required for the removal, storage and use of human organs and tissue for the purpose of transplantation; and for connected purposes. [10 September 2013] Having been passed by the National Assembly for Wales and having received the assent of Her Majesty, it is enacted as follows: Introduction Overview 1 The main provisions of this Act— a impose a duty on the Welsh Ministers to promote transplantation (section 2); b provide that certain activities done in Wales for the purpose of transplantation are lawful if done with consent (section 3); c set out how consent is given to transplantation activities, including the circumstances in which consent is deemed to be given in the absence of express consent (sections 4 to 9); d make it an offence for transplantation activities to be done in Wales without consent (section 10); e make amendments (sections 15 and 16) to the Human Tissue Act 2004, including in relation to a code of practice issued under that Act which— i gives practical guidance to persons that do transplantation activities, and ii lays down the standards expected in relation to the doing of such activities, including how consent is to be obtained. Promotion of transplantation Duty of the Welsh Ministers to promote transplantation 2 1 The Welsh Ministers must— a promote transplantation as a means of improving the health of the people of Wales, b provide information and increase awareness about transplantation, c inform the public of the circumstances in which consent to transplantation activities is deemed to be given in the absence of express consent, and d ensure that the resources available to Local Health Boards include the specialist skills and competencies required for the purposes of this Act. 2 The duty under subsection (1) includes in particular an obligation on the Welsh Ministers, at least once every 12 months, to promote a campaign for the purpose of informing the public throughout Wales about the circumstances in which consent to transplantation activities is deemed to be given in the absence of express consent. 3 The Welsh Ministers must, for the first five years after this section comes into force, report annually to the National Assembly for Wales on the steps taken to fulfil their duty under subsection (1). Lawful transplantation activities Authorisation of transplantation activities 3 1 Transplantation activities are lawful if done in Wales— a with express consent where that is required (see sections 4 to 7), or b otherwise with deemed consent (see sections 4 and 9). 2 The following are transplantation activities for the purpose of this Act— a storing the body of a deceased person for use for the purpose of transplantation; b removing from the body of a deceased person, for use for that purpose, any relevant material of which the body consists or which it contains; c storing for use for that purpose any relevant material which has come from a human body; d using for that purpose any relevant material which has come from a human body. 3 A transplantation activity of the kind mentioned in subsection (2)(c) or (d) is lawful (without the need for consent) where done in Wales if— a the relevant material has been imported into Wales from outside Wales, and b its removal from a person's body took place outside Wales. Consent Consent: adults 4 1 This section makes provision about consent for the purposes of section 3 in relation to a transplantation activity involving the body, or relevant material from the body, of a person who is not— a an excepted adult (see section 5), or b a child (see section 6). 2 Consent is deemed to be given to the activity unless— a the case is one mentioned in the first column of Table 1 in subsection (3); in which case express consent is required, or b the case is not one mentioned in the first column of Table 1 in subsection (3) and subsection (4) applies. 3 For each case mentioned in the first column of Table 1 the meaning of express consent in relation to an activity is as provided in the second column of the table— TABLE 1 Case Meaning of express consent 1. The person is alive. The person's consent. 2. The person has died and a decision of the person to consent, or not to consent, to the activity was in force immediately before his or her death. The person's consent. 3. The person has died, case 2 does not apply, the person had appointed a person or persons to deal with the issue of consent in relation to the activity and someone is able to give consent under the appointment. Consent given by the person or persons appointed. 4. The person has died, case 2 does not apply and the person had appointed a person or persons to deal with the issue of consent in relation to the activity, but no one is able to give consent under the appointment. Consent of a person who stood in a qualifying relationship to the person immediately before death. 4 This subsection applies if— a a relative or friend of long standing of the deceased objects on the basis of views held by the deceased, and b a reasonable person would conclude that the relative or friend knows that the most recent view of the deceased before death on consent for transplantation activities was that the deceased was opposed to consent being given. 5 In this section a reference to the appointment of a person or persons to deal with the issue of consent is a reference to an appointment under section 8. 6 This section does not apply to consent for a transplantation activity that involves removal of excluded relevant material (for provision in relation to which see section 7). Consent: excepted adults 5 1 This section makes provision about consent for the purposes of section 3 in relation to a transplantation activity involving the body, or relevant material from the body, of an excepted adult. 2 In the case of an excepted adult express consent is required. 3 An “ excepted adult ” means— a an adult who has died and who had not been ordinarily resident in Wales for a period of at least 12 months immediately before dying, or b an adult who has died and who for a significant period before dying lacked capacity to understand the notion that consent to transplantation activities can be deemed to be given; and for this purpose a significant period means a sufficiently long period as to lead a reasonable person to conclude that it would be inappropriate for consent to be deemed to be given. 4 For each case mentioned in the first column of Table 2 the meaning of express consent in relation to an activity is as provided in the second column of the table— TABLE 2 Case Meaning of express consent 1. A decision of the excepted adult to consent, or not to consent, to the activity was in force immediately before death. The excepted adult's consent. 2. Case 1 does not apply, the excepted adult had appointed a person or persons to deal with the issue of consent in relation to the activity and someone is able to give consent under the appointment. Consent given by the person or persons appointed. 3. Case 1 does not apply and the excepted adult had appointed a person or persons to deal with the issue of consent in relation to the activity, but no one is able to give consent under the appointment. Consent of a person who stood in a qualifying relationship to the excepted adult immediately before death. 4. None of cases 1, 2 or 3 applies in relation to the excepted adult. Consent of a person who stood in a qualifying relationship to the excepted adult immediately before death. 5 In this section a reference to the appointment of a person or persons to deal with the issue of consent is a reference to an appointment under section 8. 6 This section does not apply to consent for a transplantation activity that involves removal of excluded relevant material (for provision in relation to which see section 7). Consent: children 6 1 This section makes provision about consent for the purposes of section 3 in relation to a transplantation activity involving the body, or relevant material from the body, of a person who is a child or has died a child. 2 In the case of a person who is a child or has died a child express consent is required. 3 For each case mentioned in the first column of Table 3 the meaning of express consent in relation to an activity is as provided in the second column of the table— TABLE 3 Case Meaning of express consent 1. The child is alive and case 2 does not apply. The child's consent. 2. The child is alive, no decision of the child to consent, or not to consent, to the activity is in force, and either the child is not competent to deal with the issue of consent or is competent to deal with the issue but fails to do so. Consent of a person who has parental responsibility for the child. 3. The child has died and a decision of the child to consent, or not to consent, to the activity was in force immediately before death. The child's consent. 4. The child has died, case 3 does not apply, the child had appointed a person or persons to deal with the issue of consent in relation to the activity and someone is able to give consent under the appointment. Consent given by the person or persons appointed. 5. The child has died, case 3 does not apply and the child had appointed a person or persons to deal with the issue of consent in relation to the activity, but no one is able to give consent under the appointment. Consent of a person who had parental responsibility for the child immediately before the child died, or where no such person exists, the consent of a person in a qualifying relationship to the child at that time. 6. The child has died and none of cases 3, 4 or 5 applies in relation to the child. Consent of a person who had parental responsibility for the child immediately before the child died, or where no such person exists, the consent of a person in a qualifying relationship to the child at that time. 4 In this section a decision or appointment made by a child is only valid if the child was competent to deal with the issue of consent when it was made. 5 In this section a reference to the appointment of a person or persons to deal with the issue of consent is a reference to an appointment under section 8. 6 This section does not apply to consent for a transplantation activity that involves removal of excluded relevant material (for provision in relation to which see section 7). Consent: transplantation activities involving excluded material 7 1 This section makes provision about consent for a transplantation activity that involves the removal of excluded relevant material. 2 In this Act, “ excluded relevant material ” means relevant material of a type specified by the Welsh Ministers in regulations. 3 Examples of the types of relevant material that may be specified are composite tissues and other types of material the removal and use of which is considered to be novel. 4 In the case of a transplantation activity that involves the removal of excluded relevant material express consent is required, and such consent must be specific to the removal of excluded relevant material. 5 For an adult, for each case mentioned in the first column of Table 4 the meaning of express consent in relation to an activity is as provided in the second column of the table — TABLE 4 Case Meaning of express consent 1. The adult is alive. The adult's consent. 2. The adult has died and a decision of the adult to consent, or not to consent, to the activity was in force immediately before death. The adult's consent. 3. The adult has died, case 2 does not apply, the adult had appointed a person or persons to deal with the issue of consent in relation to the activity and someone is able to give consent under the appointment. Consent given by the person or persons appointed. 4. The adult has died, case 2 does not apply and the adult had appointed a person or persons to deal with the issue of consent in relation to the activity, but no one is able to give consent under the appointment. Consent of a person who stood in a qualifying relationship to the adult immediately before death. 5. The adult has died and none of cases 2, 3 or 4 applies in relation to the adult. Consent of a person who stood in a qualifying relationship to the adult immediately before death. 6 For a child, for each case mentioned in the first column of Table 5 the meaning of express consent in relation to an activity is as provided in the second column of the table— TABLE 5 Case Meaning of express consent 1. The child is alive and case 2 does not apply. The child's consent. 2. The child is alive, no decision of the child to consent, or not to consent, to the activity is in force, and either the child is not competent to deal with the issue of consent or is competent to deal with the issue but fails to do so. Consent of a person who has parental responsibility for the child. 3. The child has died and a decision of the child to consent, or not to consent, to the activity was in force immediately before death. The child's consent. 4. The child has died, case 3 does not apply, the child had appointed a person or persons to deal with the issue of consent in relation to the activity and someone is able to give consent under the appointment. Consent of the person or persons appointed. 5. The child has died, case 3 does not apply and the child had appointed a person or persons to deal with the issue of consent in relation to the activity, but no one is able to give consent under the appointment. Consent of a person who had parental responsibility for the child immediately before the child died, or where no such person exists, the consent of a person who stood in a qualifying relationship to the child at that time. 6. The child has died and none of cases 3, 4 or 5 applies in relation to the child. Consent of a person who had parental responsibility for the child immediately before the child died, or where no such person exists, the consent of a person who stood in a qualifying relationship to the child at that time. 7 In this section a decision or appointment made by a child is only valid if the child was competent to deal with the issue of consent when it was made. 8 In this section a reference to the appointment of a person or persons to deal with the issue of consent is a reference to an appointment under section 8. Appointed representatives 8 1 A person may appoint one or more persons to represent the person after death in relation to express consent for the purposes of section 3. 2 An appointment may be general or limited to consent in relation to such one or more transplantation activities as may be specified in the appointment. 3 An appointment may be made orally or in writing. 4 An oral appointment is only valid if made in the presence of at least two witnesses present at the same time. 5 A written appointment is only valid if— a it is signed by the person making it in the presence of at least one witness who attests the signature, b it is signed at the direction of the person making it, in his or her presence and in the presence of at least one witness who attests the signature, or c it is contained in a will of the person making it, being a will which is made in accordance with the requirements of section 9 of the Wills Act 1837. 6 Where a person appoints two or more persons in relation to the same transplantation activity, they are to be regarded as appointed to act jointly and severally unless the appointment provides that they are appointed to act jointly. 7 An appointment may be revoked at any time. 8 Subsections (3) to (5) apply to the revocation of an appointment as they apply to the making of such an appointment. 9 A person appointed may at any time renounce the appointment. 10 A person may not act under an appointment if the person— a is not an adult, or b is of a description prescribed by regulations made by the Welsh Ministers. 11 Where a person has appointed a person or persons under section 4 of the Human Tissue Act 2004 to deal after death with the issue of consent in relation to an activity done for the purpose of transplantation, the person is also to be treated as having made an appointment under this section in relation to the activity. 12 For the purpose of sections 4(3), 5(4), 6(3) and 7 if it is not reasonably practicable to communicate with a person appointed under this section within the time available if consent is to be acted upon, the person is to be treated as being not able to give consent to an activity under the appointment. Activities involving material from adults who lack capacity to consent 9 1 This section applies where— a a transplantation activity within section 3(2)(c) or (d) (storage or use of relevant material which has come from a human body) done in Wales involves relevant material from the body of a person (“P”) who— i is an adult, and ii lacks capacity to consent to the activity, and b no decision of P's to consent, or not to consent, to the activity is in force. 2 P's consent to the activity is to be deemed if the activity is done in circumstances of a kind specified by regulations made by the Welsh Ministers. Offences Prohibition of activities without consent 10 1 A person commits an offence if the person does, without consent, a transplantation activity in Wales. 2 But a person does not commit an offence under subsection (1) if— a the person reasonably believes— i that he or she does the activity with consent, or ii that what he or she does is not a transplantation activity; b section 3(3) (imported material) applies; c section 13(1) (preservation for transplantation) applies. 3 A person (“P”) commits an offence if, in Wales— a P falsely represents to a person whom P knows or believes is going to, or may, do a transplantation activity— i that there is consent to the doing of the activity, or ii that the activity is not a transplantation activity, and b P knows that the representation is false or does not believe it to be true. 4 A person guilty of an offence under this section is liable— a on summary conviction to a fine not exceeding the statutory maximum; b on conviction on indictment— i to imprisonment for a term not exceeding 3 years, or ii to a fine, or iii to both. 5 In this section “ consent ” means the consent required by virtue of section 3. Offences by bodies corporate 11 1 Where an offence under section 10 is committed by a body corporate and is proven to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of— a any director, manager or secretary of the body corporate, or b any officer who was purporting to act in that capacity, he or she (as well as the body corporate) is guilty of the offence and liable to be proceeded against and punished accordingly. 2 The reference to the director, manager or secretary of the body corporate includes a reference— a to any similar officer of the body; b where the body is a body corporate whose affairs are managed by its members, to any officer or member of the body. Prosecutions 12 No proceedings for an offence under section 10 may be instituted except by or with the consent of the Director of Public Prosecutions. General Preservation for transplantation 13 1 Where part of a body of a deceased person lying in a hospital, nursing home or other institution in Wales is or may be suitable for use for transplantation, it is lawful for the person having the control or management of the institution— a to take steps for the purpose of preserving the part for use for transplantation, and b to retain the body for that purpose. 2 Authority under subsection (1)(a) extends only to— a the taking of the minimum steps necessary for the purpose mentioned in that provision, and b to the use of the least invasive procedure. 3 Authority under subsection (1) ceases to apply once it has been established that express consent making removal of the part for transplantation lawful has not been, and will not be, given and that consent is not deemed to be given. 4 Authority under subsection (1) extends to any person authorised to act under the authority by— a the person on whom the authority is conferred by that subsection, or b a person authorised under that subsection to act under that authority. 5 An act done with authority under subsection (1) is to be treated as not being an activity to which section 3 applies. Coroners 14 1 Nothing in this Act applies to anything done for the purposes of functions of a coroner or under the authority of a coroner. 2 Subsection (3) applies where a person (“P”) knows, or has reason to believe, that— a the body of a deceased person, or b relevant material which has come from the body of a deceased person, is, or may be, required for purposes of functions of a coroner. 3 The consent of the coroner is required before P may act on authority under— a section 3 (authorisation of transplantation activities), or b section 13 (preservation for transplantation), in relation to the body or material. Codes of practice 15 1 The Human Tissue Act 2004 is amended as follows. 2 In section 26 (preparation of codes of practice)— a in subsection (2)(d) after “Act” insert “ and the Human Transplantation (Wales) Act 2013 ” ; b at the end of subsection (3) add “ (including consent for the purposes of the Human Transplantation (Wales) Act 2013). ” ; c in subsection (5)(b) for “National Assembly for Wales” substitute “ Welsh Ministers ” . 3 In section 27 (provision with respect to consent)— a in subsection (1) for “section 2(7)(b)(ii) or 3(6)(c)“ substitute “ a provision listed in subsection (1A) ” ; b after subsection (1) insert— 1A Those provisions are— a section 2(7)(b)(ii) or 3(6)(c) of this Act; b section 4(3), 5(4), 6(3) or 7 of the Human Transplantation (Wales) Act 2013. ; c in subsection (4) for “section 2(7)(b)(ii) or 3(6)(c)“ substitute “ a provision listed in subsection (1A) ” ; d after subsection (8) insert— 8A The duty under section 26(3) shall also have effect, in particular, to require the Authority to give practical guidance on the circumstances in which consent is deemed under section 4 (consent of adults that are not excepted) of the Human Transplantation (Wales) Act 2013. 8B In giving practical guidance on the circumstances in which consent is deemed the authority must, in particular, give guidance on how a relative or friend of long standing of the deceased can object on the basis of the deceased's wishes. ; e in subsection (9) after “subsection (4)” insert “ , except in so far as it applies to section 4(3), 5(4), 6(3) or 7 of the Human Transplantation (Wales) Act 2013. ” ; f after subsection (9) insert— 10 The Welsh Ministers may by order amend subsection (4) in so far as it applies to section 4(3), 5(4), 6(3) or 7 of the Human Transplantation (Wales) Act 2013. 11 Before making an order under subsection (10) the Welsh Ministers must carry out such public consultation as they consider appropriate. 4 In section 29 (approval of codes)— a after subsection (1) insert— 1A Where a code of practice to which subsection (1) applies deals with a matter relating to the carrying on in Wales of a transplantation activity (within the meaning of the Human Transplantation (Wales) Act 2013) the Authority may not issue the code unless— a a draft of it has been sent to and approved by the Welsh Ministers and laid by them before the National Assembly for Wales, and b the National Assembly has approved the draft by resolution. ; b in subsection (2)(a) for “National Assembly for Wales” substitute “ Welsh Ministers ” ; c in subsection (3)(a) for “National Assembly for Wales” substitute “ Welsh Ministers ” ; d after subsection (4) insert— 4A If the Welsh Ministers do not approve a draft sent to them under subsection (1A), they shall give reasons to the Authority. e after subsection (6) insert— 7 In calculating the period mentioned in subsection (1A) no account is to be taken of any time during which the National Assembly is dissolved or in recess for more than 4 days. 5 In section 52 (orders and regulations) after subsection (4) insert— 4A No order under section 27(10) may be made by the Welsh Ministers unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales. Consequential and incidental amendments to the Human Tissue Act 2004 16 1 The Human Tissue Act 2004 is amended as follows. 2 In section 1 (authorisation of activities for scheduled purposes)— a after subsection (1) insert— 1A Subsection (1) does not apply in relation to consent for transplantation activities done in Wales. ; b after subsection (13) insert— 14 In this section “ transplantation activities ” has the same meaning as in the Human Transplantation (Wales) Act 2013 (which makes provision in relation to consent for transplantation activities done in Wales). 3 In section 6 (activities involving material from adults who lack capacity to consent)— a the existing text becomes subsection (1), and b after subsection (1) add— 2 This section does not apply in relation to transplantation activities done in Wales. (For provision in these circumstances see section 9 of the Human Transplantation (Wales) Act 2013). 4 In section 8 (restriction of activities in relation to donated material), in subsection (6) after “section 1(1) to (3)” insert “ or section 3(1) to (3) of the Human Transplantation (Wales) Act 2013 ” . 5 In section 15 (general functions of the Human Tissue Authority)— a in paragraph (c)(i) after “this Part” insert “ or under the Human Transplantation (Wales) Act 2013 ” ; b in paragraph (e) for “National Assembly for Wales” substitute “ Welsh Ministers ” ; c in paragraph (f) for “National Assembly for Wales” substitute “ Welsh Ministers ” and for “Assembly” substitute “ Ministers ” . 6 In section 36 (annual report)— a in subsection (3)(b) for “National Assembly for Wales” substitute “ Welsh Ministers ” ; b after subsection (5) insert— 5A The Welsh Ministers shall lay a copy of each report received by them under this section before the National Assembly for Wales. 7 In section 43 (preservation for transplantation) after subsection (6) insert— 7 This section does not apply in relation to a part of a body lying in an institution in Wales. (For provision in these circumstances see section 13 of the Human Transplantation (Wales) Act 2013). 8 In section 52 (orders and regulations)— a in subsection (3) for “6,”substitute “ 6(1), ” ; b in subsection (7)(a) for “National Assembly for Wales” substitute “ Welsh Ministers ” ; c in subsection (8)— i for “National Assembly for Wales” substitute “ Welsh Ministers ” ; ii for “section 6” substitute “section 6(1)“; d in subsection (10) for “section 6” substitute “section 6(1)“. 9 In section 58 (transition), in subsection (5) for “National Assembly for Wales” substitute “ Welsh Ministers ” . 10 In section 60 (commencement), in subsection (3) for “National Assembly for Wales” substitute “ Welsh Ministers ” . 11 In Schedule 2 (the Human Tissue Authority)— a in paragraph 1(1)(c) for “National Assembly for Wales” substitute “ Welsh Ministers ” ; b in paragraph 13(a)(ii) for “National Assembly for Wales” substitute “ Welsh Ministers ” ; c in paragraph 16(4)(b) for “National Assembly for Wales” substitute “ Welsh Ministers ” ; d after paragraph 16(5) insert— 5A The Welsh Ministers shall lay before the National Assembly for Wales each statement of accounts received by them under sub-paragraph (4). 12 In Schedule 5 (powers of inspection, entry, search and seizure)— a in paragraph 3(1)(a) after “2” insert “ or under the Human Transplantation (Wales) Act 2013 ” ; b in paragraph 5(2) after “2” insert “ or under the Human Transplantation (Wales) Act 2013 ” . Consequential amendment to the Wills Act 1837 17 In section 1 of the Wills Act 1837 (meaning of certain words in this Act), after “section 4 of the Human Tissue Act 2004” insert “ or section 8 of the Human Transplantation (Wales) Act 2013 ” . Relevant material 18 1 In this Act “ relevant material ” means material, other than gametes, which consists of or includes human cells. 2 In this Act references to relevant material from a human body do not include— a embryos outside the human body, or b hair and nail from the body of a living person. 3 In this section “ embryo ” and “ gametes ” have the same meaning as they have by virtue of section 1(1), (4) and (6) of the Human Fertilisation and Embryology Act 1990 in the other provisions of that Act (apart from section 4A). Interpretation 19 1 In this Act— “ adult ” (“ oedolyn ”) means a person who has attained the age of 18 years; “ child ” (“ plentyn ”) means a person who has not attained the age of 18 years; “ parental responsibility ” (“ cyfrifoldeb rhiant ”) has the same meaning as in the Children Act 1989; “relevant material“ (“ deunydd perthnasol ”) has the meaning given in section 18; and “ excluded relevant material ” (“ deunydd perthnasol a eithrir ”) has the meaning given in section 7; “ transplantation activities ” (“ gweithgareddau trawsblannu ”) has the meaning given in section 3. 2 For the purposes of sections 6, 7 and 8 a child is competent to deal with the issue of consent if it would appear to a reasonable person that the child has sufficient understanding to make an informed decision. 3 The following are qualifying relationships for the purpose of this Act— a spouse, civil partner or partner; b parent or child; c brother or sister; d grandparent or grandchild; e child of a brother or sister; f stepfather or stepmother; g half brother or half sister; h friend of long standing. 4 For the purposes of this Act, a person is another's partner if the two of them (whether of different sexes or the same sex) live as partners in an enduring family relationship. 5 The Welsh Ministers may by order amend subsection (3). 6 In this Act— a references to material from the body of a living person are to material from the body of a person alive at the point of separation, b references to material from the body of a deceased person are to material from the body of person not alive at the point of separation, and c references to express consent include consent given before the coming into force of this Act. 7 In this Act, references to transplantation are to transplantation to a human body and include transfusion. 8 For the purposes of this Act, material is not to be regarded as from a human body if it is created outside the human body. Orders and regulations 20 1 A power to make an order or regulations under this Act includes power to make such incidental, consequential, transitional or supplemental provision as the Welsh Ministers consider appropriate. 2 A power of the Welsh Ministers to make an order or regulations under this Act is exercisable by statutory instrument. 3 Before making an order or regulations under this Act the Welsh Ministers must carry out such public consultation as they consider appropriate. 4 A statutory instrument containing an order or regulations under this Act may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales. 5 Subsections (3) and (4) do not apply to orders under section 21 (commencement). Commencement 21 1 This Act comes into force in accordance with provision made by the Welsh Ministers by order. 2 An order made under subsection (1) may not provide for any provision of this Act to come into force before the end of the period of two years beginning with the day on which this Act receives Royal Assent. 3 An order made under subsection (1) may not commence the provision made in section 14(3)(b) until section 43(5A) of the Human Tissue Act 2004 has come into force. 4 Subsection (1) does not apply to— a section 1, b section 2, c this section, and d section 22; which are to come into force on the day this Act receives Royal Assent. 5 An order made under subsection (1) may appoint different days for different purposes. Short Title 22 The short title of this Act is the Human Transplantation (Wales) Act 2013. S. 7 in force at 12.9.2015 for specified purposes by S.I. 2015/1679 , art. 2(a) S. 8 in force at 12.9.2015 for specified purposes by S.I. 2015/1679 , art. 2(a) S. 9 in force at 12.9.2015 for specified purposes by S.I. 2015/1679 , art. 2(a) S. 15(1)-(3)(4)(a)-(d)(5) in force at 12.9.2015 by S.I. 2015/1679 , art. 2(b) S. 20 in force at 12.9.2015 by S.I. 2015/1679 , art. 2(c) S. 3 in force at 1.12.2015 by S.I. 2015/1679 , art. 3(a) S. 4 in force at 1.12.2015 by S.I. 2015/1679 , art. 3(a) S. 5 in force at 1.12.2015 by S.I. 2015/1679 , art. 3(a) S. 6 in force at 1.12.2015 by S.I. 2015/1679 , art. 3(a) S. 7 in force at 1.12.2015 in so far as not already in force by S.I. 2015/1679 , art. 3(b) S. 8 in force at 1.12.2015 in so far as not already in force by S.I. 2015/1679 , art. 3(b) S. 9 in force at 1.12.2015 in so far as not already in force by S.I. 2015/1679 , art. 3(b) S. 10 in force at 1.12.2015 by S.I. 2015/1679 , art. 3(c) S. 11 in force at 1.12.2015 by S.I. 2015/1679 , art. 3(c) S. 12 in force at 1.12.2015 by S.I. 2015/1679 , art. 3(c) S. 13 in force at 1.12.2015 by S.I. 2015/1679 , art. 3(c) S. 14(1) (2) (3)(a) in force at 1.12.2015 by S.I. 2015/1679 , art. 3(d) S. 16 in force at 1.12.2015 by S.I. 2015/1679 , art. 3(e) S. 17 in force at 1.12.2015 by S.I. 2015/1679 , art. 3(e) S. 18 in force at 1.12.2015 by S.I. 2015/1679 , art. 3(e) S. 19 in force at 1.12.2015 by S.I. 2015/1679 , art. 3(e) S. 1 in force at 10.9.2013, see s. 21(4)(a) S. 2 in force at 10.9.2013, see s. 21(4)(b) S. 21 in force at 10.9.2013, see s. 21(4)(c) S. 22 in force at 10.9.2013, see s. 21(4)(d)
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[uk-legislation-anaw][anaw] 2024-06-17
http://www.legislation.gov.uk/anaw/2014/5/2024-05-10
http://www.legislation.gov.uk/anaw/2014/5/2024-05-10 Education (Wales) Act 2014 An Act of the National Assembly for Wales to make provision about the Education Workforce Council (formerly the General Teaching Council for Wales); to extend the registration, qualification and training requirements of the education workforce; to make provision about the determination of school term and holiday dates in Wales; to make provision in connection with appointments to Her Majesty's Inspectorate of Education and Training in Wales; and for connected purposes. text text/xml en Statute Law Database 2024-06-13 Expert Participation 2024-05-10 Education (Wales) Act 2014 2014 anaw 5 An Act of the National Assembly for Wales to make provision about the Education Workforce Council (formerly the General Teaching Council for Wales); to extend the registration, qualification and training requirements of the education workforce; to make provision about the determination of school term and holiday dates in Wales; to make provision in connection with appointments to Her Majesty's Inspectorate of Education and Training in Wales; and for connected purposes. [12 May 2014] Having been passed by the National Assembly for Wales and having received the Assent of Her Majesty, it is enacted as follows:- PART 1 INTRODUCTION Overview 1 1 This Part gives an overview of the content of this Act. 2 Part 2 makes provision about— a the reform of the General Teaching Council for Wales and its renaming as the Education Workforce Council; b the registration of certain persons who educate children and young people; c the regulation of registered persons, including— i the obligation of registered persons to comply with a code specifying the standards of professional conduct and practice; ii the action that can be taken against a registered person; d the sharing of information about registered persons. 3 Part 3 makes provision about— a the fixing of term and holiday dates for schools in Wales; b the times of school sessions; c the appointment of persons to Her Majesty's Inspectorate of Education in Wales; d education functions of local authorities which, by virtue of section 25 or 26 of the School Standards and Organisation (Wales) Act 2013, are to be treated for all purposes as exercisable by persons directed by the Welsh Ministers. 4 Part 4 makes general provision in relation to the Act. 5 An index of the defined words and expressions used in this Act is provided in Schedule 4. PART 2 EDUCATION WORKFORCE Education Workforce Council Education Workforce Council 2 1 The body corporate established in pursuance of section 8 of the Teaching and Higher Education Act 1998 (c. 30) and known as the General Teaching Council for Wales— a is to continue to exist, but b is to change its name to (and now be known as) the “Education Workforce Council” (in this Act referred to as “ the Council ”). 2 Schedule 1 (which makes provision about the constitution and powers of the Council) has effect. Aims of the Council 3 The principal aims of the Council are— a to contribute to improving the standards of teaching and the quality of learning in Wales, and b to maintain and improve standards of professional conduct amongst teachers and persons who support teaching and learning in Wales. Functions of the Council 4 1 The Council's main functions are— a to provide advice on matters related to the persons which it regulates and teaching and learning in accordance with section 7; b to undertake activities to promote careers in registrable professions in accordance with section 8; c to establish and maintain a register in accordance with section 9; d to keep itself informed about the induction of persons in accordance with section 17 and to hear appeals in relation to induction decisions in accordance with section 19; e to review and revise the code which specifies standards of professional conduct and practice for registered persons in accordance with section 24; f to investigate unacceptable professional conduct and professional incompetence and take appropriate action in respect of registered persons in accordance with section 26; g to hold such information about persons as may be specified in accordance with section 33 and to provide information to such bodies as may be specified in accordance with section 35. 2 The Council also has the additional functions conferred on it by virtue of— a this Act; b an order under section 5; c any other enactment. 3 The functions conferred on the Council by or under this Part are exercisable by it only in relation to Wales. Power to add functions 5 1 The Welsh Ministers may by order confer or impose on the Council such additional functions as they consider appropriate. 2 Before making an order under subsection (1) the Welsh Ministers must consult such persons as they consider appropriate. Directions 6 1 The Council must comply with any direction (general or specific) given to it by the Welsh Ministers. 2 A direction may not be given in respect of— a a specific application for registration under section 9; b an appeal relating to such an application; c a specific disciplinary case under section 26. 3 The Welsh Ministers must publish a direction given under this section in such manner as they consider appropriate. 4 The Welsh Ministers may vary or revoke a direction (and subsection (3) applies in relation to any document varying or revoking a direction as it applies to a direction). Provision of advice and promotion of careers Provision of advice by the Council 7 1 The Welsh Ministers may require the Council to provide advice— a to them on— i a relevant matter, or ii any other matter relating to teaching or learning, and b to another person on a relevant matter. 2 For the purposes of this section the “relevant matters” are— a standards of services provided by registered persons; b standards of conduct for registered persons; c the fitness to practise of registered persons; d the roles of the professions represented in the categories of registration; e the standing of each of those professions; f the training, career development and performance management of registered persons; g the recruitment to and retention of registered persons in each category of registration; h the supply of registered persons. 3 The Council may also provide such advice on relevant matters as it considers appropriate to such persons as it may determine. 4 The Council must, every two months, notify the Welsh Ministers in writing of any advice it has given on relevant matters during the preceding two months, and of the recipient of that advice. 5 Advice given under this section in relation to relevant matters must be of a general nature. 6 The Council may, with the consent of the Welsh Ministers, publish any advice it gives under this section. Promotion of careers 8 1 The Council must undertake such activities as the Welsh Ministers may require with a view to promoting careers, and the development of careers, in the registrable professions in Wales. 2 The activities that may be required may include, in particular— a giving advice; b organising conferences and lectures; c publishing promotional materials. 3 For the purposes of section 4(1)(b) and this section, the reference to careers in the registrable professions is a reference to careers providing the services described in relation to a category of registration (for example, teaching). Registration of education workforce Register 9 1 The Council must establish and maintain a register for the purposes of this Part. 2 The register must contain the name of every person who is eligible for registration under section 10 and applies to be registered. 3 The register must comprise the categories set out and described in table 1 of Schedule 2 (the “categories of registration”). 4 Each registered person must be registered in at least one category of registration. 5 A person may be registered on a provisional basis. Eligibility for registration 10 1 A person is eligible for registration if the person meets the conditions in this section. 2 The first condition is that the person— a meets the description of a category of registration and has satisfactorily completed any period of induction required by virtue of section 17, or b satisfies such requirements for provisional registration as the Welsh Ministers may by regulations specify. 3 The second condition is that the person is not— a barred from regulated activity relating to children (within the meaning of section 3(2) of the Safeguarding Vulnerable Groups Act 2006 (c. 47)), b subject to a disciplinary order made under this Act by virtue of which the person is ineligible to register, or c disqualified from working in a post equivalent to the category of registration for which registration is sought in another part of the United Kingdom. 4 The third condition is that, at the time of registration, the Council is satisfied that the applicant is a suitable person to be registered in the category of registration for which registration is sought. 5 In exercising its functions under subsection (4), the Council must have regard to any guidance issued by the Welsh Ministers. 6 The Welsh Ministers may by order amend subsection (3) to specify such additional grounds of ineligibility as they consider necessary or expedient. 7 Before making an order under subsection (6) the Welsh Ministers must consult such persons or bodies as they consider appropriate. Appeals against refusal of registration 11 1 A person whose application for registration has been refused by the Council on the ground that the Council was not satisfied as to the applicant's suitability under section 10(4) may appeal against the decision to the High Court. 2 An appeal under subsection (1) must be made within the period of 28 days beginning with the date on which the notice of the decision is served on the applicant. 3 In respect of such an appeal, the High Court may make any order which it considers appropriate. 4 The decision of the High Court is final (and may not be appealed). Registration fees 12 1 The Welsh Ministers may by regulations make provision about the fees which may be payable in connection with registration (including fees for restoration to, or retention in, the register). 2 Regulations under this section may, in particular, make provision— a authorising the Council to charge and recover fees; b about the amount of the fees (and who is to determine the amount); c about any exceptions and exemptions which may or must apply; d requiring employers of registered persons— i to deduct (or arrange for the deduction) from the salary of a registered person any fee payable, and ii to remit that fee to the Council; e about the arrangements to be adopted by employers in pursuance of paragraph (d); f about the administration charges which may be deducted by employers from any fees remitted to the Council; g about the consequences of failing to pay fees (which may include refusal to register, or removal from the register). 3 In this section, “ salary ” includes any remuneration payable in respect of services provided by a registered person. Registration: further provision 13 1 The Welsh Ministers may by regulations make such further provision about the register and registration as they consider necessary or expedient. 2 Regulations under this section may, in particular, make provision about— a the form and content of the register; b the form and manner in which applications for registration are to be made; c the documentary and other evidence which is to accompany applications; d how an applicant is to be informed of— i the decision on whether to grant or refuse an application for registration, and ii in the case of a refusal to register, the grounds on which the application was refused and the applicant's right to appeal the decision; e the matters which are to be recorded in the register against the names of those registered in it; f the restoration and alteration of entries; g the removal of entries from the register in such circumstances as the regulations may specify; h the issue and form of certificates of registration; i the information contained in the register which may be made available for inspection by members of the public and the circumstances in which and the conditions subject to which that information may be made available. Requirements to be satisfied to provide services School teachers and school learning support workers 14 1 The Welsh Ministers may by regulations provide that specified services may not be provided by a person in a school unless— a the person— i is a qualified teacher (see section 132 of the 2002 Act), or ii satisfies specified requirements, and b the person is registered in a specified category of registration. 2 Regulations under subsection (1) specifying services for the purpose of this section may make provision by reference to— a one or more specified activities, or b the circumstances in which activities are carried out. 3 Provision made by virtue of subsection (2) may, in particular, be made by reference to an activity specified in a document of the kind mentioned in section 124(3) of the 2002 Act. 4 A requirement of regulations under subsection (1) may, in particular, relate to— a the possession of a specified qualification or experience of a specified kind; b participation in or completion of a specified programme or course of training; c compliance with a specified condition; d an exercise of discretion by the Welsh Ministers, another specified person or another person of a specified description. 5 Regulations under subsection (1) may limit the period of time during which work may be provided by a person in reliance on subsection (1)(a)(ii). 6 In this section, “ school ” means— a a school maintained by a local authority in Wales, and b a special school in Wales not so maintained. Further education teachers 15 1 The Welsh Ministers may by regulations— a provide that education may not be provided by a person in or for a further education institution in Wales unless the person— i has a specified qualification, and ii is registered in the category of further education teacher; b specify conditions to be complied with by or in respect of a person providing education in or for a further education institution in Wales. 2 Regulations under subsection (1) may provide that a specified provision of the regulations is not to apply where a specified condition (which may refer to the opinion of a specified person) is satisfied. 3 Regulations under subsection (1) may impose a function on— a a local authority in Wales; b a governing body (within the meaning of section 90(1) of the Further and Higher Education Act 1992 (c. 13)) of a further education institution in Wales. 4 For the purposes of this section, “ education ” has the meaning given by section 140(3) of the 2002 Act. Further education learning support workers 16 1 The Welsh Ministers may by regulations provide that a person may not (directly or indirectly) provide the services described in subsection (2) in or for a further education institution in Wales unless the person— a satisfies any specified requirements, and b is registered in the category of further education learning support worker. 2 The services are— a enabling or assisting a learner to participate in education, b supporting a learner's independence, achievement or progression, or c supporting a person who is providing education in or for a further education institution. 3 A requirement of regulations under subsection (1) may, in particular, relate to— a the possession of a specified qualification or experience of a specified kind; b participation in or completion of a specified programme or course of training; c compliance with a specified condition; d an exercise of discretion by the Welsh Ministers, another specified person or another person of a specified description. 4 For the purposes of this section, “ education ” has the meaning given by section 140(3) of the 2002 Act. Induction and appraisal of registered persons Requirement to undertake period of induction 17 1 The Welsh Ministers may by regulations make provision for, and in connection with, requiring a person to have satisfactorily completed such period of induction in a place or setting of such description as may be specified before the person may be registered (otherwise than on a provisional basis). 2 Regulations under subsection (1) may make provision— a about the circumstances in which a person may be exempted from the requirement to have satisfactorily completed a period of induction; b about the period and process of induction including, in particular, provision relating to— i the periods of employment which may count towards the period of induction; ii the approvals which may be required before a person may undertake a period of induction; iii the circumstances in which induction is not to occur at a place or setting of a specified description; iv the circumstances in which a person may undertake more than one period of induction; c about the training and supervision of a person during a period of induction; d about the assessment of persons who are undertaking a period of induction, including, in particular, provision— i specifying the person or body who is responsible for deciding whether a person has satisfactorily completed a period of induction (“the appropriate body”); ii requiring a relevant principal to make a recommendation to the appropriate body as to whether a person has met the required standards determined under section 18; iii specifying circumstances in which the appropriate body may or must decide that a person's period of induction should be extended; e about the consequences of a person completing a period of induction (whether satisfactorily or not), including, in particular, provision— i requiring the appropriate body to inform the Welsh Ministers and the Council when a person has completed a period of induction or had it extended; ii requiring that the employer of a person who has not satisfactorily completed a period of induction terminate the person's employment or otherwise secure that the person stops providing relevant services for the employer; iii requiring that the person only provides such relevant services for the person's employer as may be determined in accordance with the regulations; f about such other matters relating to periods of induction as the Welsh Ministers consider necessary or expedient, including (for example) provision— i requiring an appropriate body which is not a local authority to include a representative of such an authority, ii conferring further functions on the appropriate body, and iii authorising the appropriate body, in such circumstances as may be specified, to make such charges in connection with the exercise of its functions as it may determine. 3 A person or body exercising a function under this section or any regulations made under it must have regard to any relevant guidance issued by the Welsh Ministers. Induction assessment standards 18 1 The Welsh Ministers may determine the standards against which a person is to be assessed for the purpose of deciding whether or not that person has satisfactorily completed a period of induction under section 17. 2 Different standards may be determined for different categories of registration. 3 The Welsh Ministers must consult the Council before making a determination under this section. Appeals against induction decisions 19 1 A person who is aggrieved by a decision of the appropriate body under section 17(2)(d) may appeal against the decision to the Council. 2 Any decision made on such an appeal is final (and may not be appealed). 3 The Welsh Ministers may by regulations make provision about such matters relating to appeals under this section as the Welsh Ministers consider necessary or expedient. Induction: intervention powers 20 1 Chapter 2 of Part 2 of the 2013 Act (intervention in local authorities) has effect in relation to duties imposed and powers conferred by virtue of section 17 as if references to the local authority included— a the governing body (within the meaning given by section 90(1) of the Further and Higher Education Act 1992) of a further education institution, and b an appropriate body other than a governing body of a school maintained by a local authority, the governing body of a special school not so maintained or a local authority. 2 For the purposes of subsection (1), a direction given by the Welsh Ministers under Chapter 2 of Part 2 of the 2013 Act is enforceable by an injunction (rather than a mandatory order) on application by, or on behalf of, the Welsh Ministers. 3 This section is without prejudice to Part 2 of the 2013 Act as it applies to— a governing bodies of— i schools maintained by a local authority in Wales, ii special schools in Wales which are not so maintained, and b local authorities in Wales, in respect of any duties imposed or powers conferred on them by virtue of section 17. Induction: interpretation 21 For the purposes of sections 17 to 20— “ appropriate body ” is to be construed in accordance with section 17(2)(d); “ relevant principal ” means— the head teacher of a school, the principal of a further education institution, and any other person with overall responsibility for registered persons providing relevant services. Special provision for maintained schools with delegated budgets 22 1 This section applies where a person— a has undertaken a period of induction at a relevant maintained school with a view to becoming a school teacher or a school learning support worker, b has not satisfactorily completed such period of induction, and c in accordance with a requirement imposed by virtue of section 17(2)(e)(iii), is providing only such relevant services at the school as have been determined in accordance with the regulations. 2 Any costs incurred by the local authority in respect of the person's remuneration are not to be met from the school's budget share for any financial year except in so far as the authority has good reason for deducting those costs, or any part of those costs, from that share. 3 In this section— a a “ period of induction ” means a period of induction required under regulations under section 17(1); b a “relevant maintained school” is a school maintained by a local authority in Wales which has a delegated budget; c a reference to a school's budget share or to its having a delegated budget has the same meaning as in Part 2 of the School Standards and Framework Act 1998. Appraisal of registered persons 23 1 The Welsh Ministers may by regulations require the appraisal of the performance of registered persons— a in a manner specified by the regulations, and b at times specified by or determined in accordance with the regulations. 2 Regulations under subsection (1) may impose a duty on— a a local authority; b the governing body of a school or a further education institution; c any other employer of registered persons providing relevant services; d the head teacher of a school or the principal of a further education institution; e any other person with overall responsibility for registered persons providing relevant services. 3 Regulations under subsection (1) may— a require or permit an appraisal to be carried out in a manner which confers a discretion on a person specified by, or chosen or determined in accordance with, the regulations; b permit a person on whom a duty is imposed under subsection (2) to delegate that duty in whole or in part. 4 Regulations under subsection (1) may require or permit a person listed in subsection (2) to have regard to the results of an appraisal in the performance of a function specified by the regulations. 5 The results of an appraisal may be used in determining a school teacher's remuneration. 6 Before making regulations under this section the Welsh Ministers must consult such persons or bodies as they consider appropriate. 7 In this section, “ school ” means— a a school maintained by a local authority in Wales, and b a special school in Wales not so maintained. Code of conduct and practice for registered persons Code of conduct and practice 24 1 The Welsh Ministers must prepare and publish a code specifying the standards of professional conduct and practice expected of registered persons. 2 The code may provide for different standards for different categories of registered person. 3 In preparing the code, the Welsh Ministers must consult such persons and bodies as they consider likely to have an interest in the code. 4 The Council must review the code and make such revisions to it as it considers appropriate— a within 3 years of each date of its publication (under subsection (1) or (5)), and b when a new category of registration is added. 5 After each review under subsection (4), the Council must publish the code in a manner which the Council considers likely to bring it to the attention of registered persons and anyone else who it considers may have an interest in the code. 6 In exercising its functions under subsection (4), the Council must consult such persons and bodies as it considers likely to have an interest in the code. Code of conduct and practice: further provision 25 1 The Welsh Ministers may by regulations make provision about and in connection with the code described in section 24. 2 Regulations under this section may, in particular, make provision about— a the form and content of the code, and b the consequences of any failure by a registered person to comply with the code, which may include disciplinary proceedings under section 26. Disciplinary functions of the Council Disciplinary functions 26 1 The Council must carry out such investigations as it considers appropriate in cases where— a it is alleged that a registered person— i is guilty of unacceptable professional conduct or serious professional incompetence, or ii has been convicted (at any time) of a relevant offence, or b it appears to the Council that a registered person may be so guilty or have been so convicted. 2 The Council must decide, after carrying out an investigation under subsection (1), what further action to take in respect of the case. 3 The actions the Council may take are— a if it considers that there is no case to answer, to discontinue the case; b if it considers that there is (or may be) a case to answer— i to hold a hearing in respect of the case, or ii with the consent of the person to whom the investigation relates, to determine the case without a hearing; c to discontinue the case on some other basis. 4 Where the Council holds a hearing or the person consents to the case being determined without a hearing, the Council may determine— a that there is no case to answer; b that the person is guilty of unacceptable professional conduct, serious professional incompetence or has been convicted of a relevant offence. 5 Where the Council determines that a person— a is guilty of unacceptable professional conduct or serious professional incompetence, or b has been convicted of a relevant offence, the Council may make a disciplinary order in relation to the person. 6 The Welsh Ministers may by regulations make provision for any functions conferred on the Council under this section to be excluded or restricted in such manner as may be specified in or determined under the regulations. 7 The provision that may be made under subsection (6) includes such provision for excluding or restricting any such functions as the Welsh Ministers consider appropriate with a view to taking account of the powers exercisable by the Disclosure and Barring Service under the Safeguarding Vulnerable Groups Act 2006 (c. 47). Disciplinary functions: interpretation 27 1 For the purposes of section 26— “ registered person ” includes— a person who was registered at the time of any alleged conduct or offence (whether under section 9 or under section 3 of the 1998 Act), and a person who has applied to be so registered; “ relevant offence ”, in relation to a registered person, means— in the case of a conviction in the United Kingdom, a criminal offence other than one having no material relevance to the person's fitness to be a registered person in the relevant category of registration; in the case of a conviction elsewhere, an offence which, if committed in England and Wales, would constitute such an offence as is mentioned in paragraph (a). 2 In this Part, a “ disciplinary order ” means— a a reprimand; b a conditional registration order; c a suspension order; d a prohibition order. 3 Where regulations under paragraph 12(1)(b) of Schedule 1 require the Council to establish a committee for the purpose of discharging any of the functions conferred on the Council under section 26, references in that section to the Council are to be construed as references to that committee. Disciplinary functions: further provision 28 1 The Welsh Ministers may by regulations make provision about or in connection with the functions of the Council under section 26. 2 Regulations under subsection (1) may, in particular, make provision— a about the procedure relating to any investigation or proceedings (including notice requirements, compelling attendance, admissibility of evidence and the administration of oaths); b about disciplinary orders (including service requirements, when orders take effect, and the review of orders); c about the action that may be required of and in relation to the employer of a person who is the recipient of a disciplinary order (including dismissing the recipient of the order). 3 No person is to be required by virtue of regulations under this section to give any evidence or produce any document or other thing which that person could not be compelled to give or produce in civil proceedings in any court in England and Wales. Conditional registration orders 29 1 Subsection (2) applies where a conditional registration order is made in relation to a person. 2 The person— a remains eligible for registration under section 9, but b must comply with such conditions relevant to the person's employment as a registered person as may be specified in the order. 3 The conditions specified may (among other things)— a require the person to take any specified steps that will, in the opinion of the Council, help the person become a competent registered person; b involve expenditure on the part of the person. 4 Any condition specified in a conditional registration order is to have effect— a for such period as may be so specified, or b without limit of time. 5 But the Council may, on the application of a person who has received a conditional registration order, vary or revoke any condition specified in the order. 6 An application under subsection (5) must be made in accordance with any regulations made for that purpose under section 28. Suspension orders 30 1 Subsections (2) and (3) apply where a suspension order is made in relation to a person. 2 The person's name must be removed from the register (if it has not already been removed). 3 The person becomes ineligible for registration under section 9 for the period (not exceeding two years) specified in the order. 4 A suspension order may specify conditions to be complied with by the person to whom the order relates and, in that case— a the person is to become eligible again for registration under section 9 at the end of the period specified under subsection (3) if the person has complied with the conditions, and b if the person has not complied with the conditions, the person remains ineligible for registration until the person has complied with the conditions. 5 Any condition specified in a suspension order is to have effect— a for such period as may be so specified, or b without limit of time. 6 But the Council may, on the application of a person who has received a suspension order, vary or revoke any condition specified in the order. 7 An application under subsection (6) must be made in accordance with any regulations made for that purpose under section 28. Prohibition orders 31 1 Subsections (2) and (3) apply where a prohibition order is made in relation to a person. 2 The person's name must be removed from the register (if it has not already been removed). 3 The person becomes ineligible for registration under section 9. 4 The Council may, on the application of a person who has received a prohibition order, determine that a person is eligible again for registration. 5 An application under subsection (4) must be made in accordance with any regulations made for that purpose under section 28. 6 No such application may be made before the end of the period of two years beginning with the date when the prohibition order takes effect or such longer period as may be specified in the order. Appeals against disciplinary orders 32 1 A person in respect of whom a disciplinary order has been made may appeal against the order to the High Court. 2 An appeal under subsection (1) must be made within the period of 28 days beginning with the date on which notice of the order is served on the person. 3 In respect of such an appeal the High Court may make any order which it considers appropriate. 4 The decision of the High Court is final (and may not be appealed). Information duties Council to maintain records about certain persons 33 1 For the purposes of this Part, the Welsh Ministers may by regulations require the Council to maintain such records about such persons as may be specified in the regulations. 2 Regulations under subsection (1) may, in particular— a make provision about the form and content of the records, and b require the Council to maintain records about persons who are not eligible to be registered. Supply of information: Ministers 34 1 The Welsh Ministers may provide the Council with such information relating to individual registered persons— a as the Council may request for the purposes of carrying out any of the functions conferred on it by or under this Part, or b as the Welsh Ministers consider it to be necessary or desirable for the Council to have for the purposes of carrying out such functions. 2 The Secretary of State may provide the Council with such information relating to individual teachers in schools— a as the Council may request for the purposes of carrying out any of the functions conferred on it by or under this Part, or b as the Secretary of State considers it to be necessary or desirable for the Council to have for the purposes of carrying out such functions. Supply of information: the Council 35 1 The Council must provide the Welsh Ministers with such information as they may reasonably require. 2 The Council must, following a request by a registered person, provide that person with a copy of the information entered in the register against that person's name. 3 The Council must, following a request by a person (other than a registered person) in respect of whom it maintains records in accordance with section 33, provide that person with a copy of any records it holds about that person. 4 The Welsh Ministers may by regulations require the Council to provide information— a to such other person or body as may be specified, and b for such purposes and subject to such conditions as may be specified. Supply of information: employers 36 1 A relevant employer must provide the Council with— a the name of any registered person it employs or engages to provide relevant services in Wales, and b such other information about such a registered person as the Council may reasonably require in connection with the performance of its functions. 2 Where a relevant employer— a ceases to use the services of a registered person in Wales on a ground mentioned in subsection (3), or b might have ceased to use the services of the registered person in Wales on a ground mentioned in subsection (3) had the person not stopped providing those services, the relevant employer must provide the Council with such information as may be specified in regulations made by the Welsh Ministers. 3 The grounds are— a unacceptable professional conduct; b professional incompetence; c conviction of a relevant offence. 4 In this section— “ relevant employer ” means a person who employs or otherwise engages registered persons to provide relevant services in Wales; “ relevant offence ” has the same meaning as in section 27(1). Supply of information: agents and contractors 37 1 This section applies to arrangements made by one person (the “agent”) for a registered person to provide relevant services at the request of or with the consent of a relevant employer (whether or not under a contract). 2 Where an agent— a has terminated the arrangements on a ground mentioned in section 36(3), b might have terminated the arrangements on a ground mentioned in section 36(3) if the registered person had not terminated them, or c might have refrained from making new arrangements for the registered person on a ground mentioned in section 36(3) if the registered person had not ceased offering to provide the services, the agent must provide the Council with such information as may be specified in regulations made by the Welsh Ministers. 3 In this section, “ relevant employer ” has the same meaning as in section 36(4). Directions to secure compliance with information duties 38 1 This section applies if the Welsh Ministers consider that— a a relevant employer has failed or is likely to fail to comply with a duty arising under section 36, or b an agent has failed or is likely to fail to comply with a duty arising under section 37. 2 The Welsh Ministers may direct the employer or (as the case may be) agent to comply with the duty. 3 A direction under subsection (2) may, on the application of the Welsh Ministers, be enforced by an injunction. 4 In this section— “ agent ” is to be construed in accordance with section 37; “ relevant employer ” has the same meaning as in section 36(4). Transitional and transitory provision Transfer of registrations of persons already registered 39 1 Where, immediately before the date on which this section comes into force— a a person was registered in the register maintained under section 3 of the 1998 Act, and b the person had satisfactorily completed a period of induction for the purposes of section 19 of that Act, the person is deemed on and after that date to be registered in the category of school teacher in the register maintained under section 9 of this Act. 2 Where, immediately before the date on which this section comes into force— a a person was registered in the register maintained under section 3 of the 1998 Act, but b the person had not satisfactorily completed a period of induction for the purposes of section 19 of that Act, the person is deemed on and after that date to be registered on a provisional basis in the category of school teacher in the register maintained under section 9. Transitory matters relating to eligibility for registration 40 For the purposes of section 10(3)— a a person who is subject to a direction under section 142(1)(a) of the 2002 Act (prohibition from teaching etc. ) remains ineligible for registration, and b a reference to a disciplinary order under this Act includes a reference to an equivalent disciplinary order made under the 1998 Act. Interpretation of Part 2 Interpretation of Part 2 41 1 In this Part, except where the context otherwise requires— “ category of registration ” (“ categori cofrestru ”) is to be construed in accordance with section 9(3); “ further education institution ” (“ sefydliad addysg bellach ”) has the meaning given in section 140 of the 2002 Act; “ registered person ” (“ person cofrestredig ”) means (subject to section 27) a person registered in the register established under section 9 (including those registered on a provisional basis); “ relevant services ” (“ gwasanaethau perthnasol ”) are services which may be provided only by a registered person; “ the register ” (“ y gofrestr ”) means the register established and maintained under section 9(1). 2 In this Part, a reference to a person being provisionally registered (however expressed) is a reference to a person who has been registered on a provisional basis. PART 3 MISCELLANEOUS PROVISION Term and holiday dates and times of school sessions Dates of terms and holidays and times of school sessions 42 After section 32 of the 2002 Act insert— Responsibility for fixing term and holiday dates in Wales 32A 1 A local authority in Wales must determine the term dates for each community, voluntary controlled or community special school or maintained nursery school in its area. 2 A governing body of a foundation or voluntary aided school in Wales (a “relevant governing body”) must determine the term dates for its school. 3 In exercising its functions under subsection (1), a local authority must co-operate and co-ordinate with— a each relevant governing body in its area, and b every other local authority in Wales, to ensure that the term dates determined are the same (or as similar as can be) for every maintained school in Wales. 4 In exercising its functions under subsection (2), a relevant governing body must co-operate and co-ordinate with— a the local authority, and b every other relevant governing body in the local authority's area, to ensure that the term dates determined are the same (or as similar as can be) for every maintained school in Wales. 5 Each local authority in Wales must notify the Welsh Ministers of the term dates which have been determined for a school year in respect of all the maintained schools in its area. 6 The Welsh Ministers may by regulations make provision about the requirements of notification under subsection (5) including, in particular, provision about— a the form and content of notifications; b the period in which notification must be given; c the procedure for notification. 7 A local authority or a relevant governing body may alter the term dates which have been notified to the Welsh Ministers only if all the parties mentioned in subsection (8) agree to the alteration. 8 The parties are— a the local authority, b each relevant governing body in the local authority's area, and c the Welsh Ministers. 9 In this section— “ maintained school ” means a school in Wales which is a community, foundation or voluntary school, a community special school or a maintained nursery school; “ term dates ” means the dates on which the school terms and holidays are to begin and end. Welsh Ministers' power to direct determination of term dates 32B 1 The Welsh Ministers may direct a local authority in Wales or a relevant governing body to determine such term dates for a maintained school in Wales as may be specified in the direction. 2 A direction under subsection (1) may, in particular— a require different dates to be determined for different schools; b be made in respect of such descriptions of schools as may be specified in the direction (for example, all community schools or all schools within a specified area); c require the determination of different dates from those already determined or altered under section 32A. 3 Before making a direction under subsection (1) the Welsh Ministers must carry out such consultation as they consider appropriate. 4 The Welsh Ministers may, by regulations, make such further provision about such consultation as they consider necessary or expedient. 5 The Welsh Ministers must publish a direction under subsection (1) electronically. 6 In this section— “ maintained school ” has the same meaning as in section 32A(9); “ relevant governing body ” means the governing body of a foundation or voluntary aided school in Wales; “ term dates ” means the dates on which the school terms and holidays are to begin and end. Responsibility for fixing times of school sessions in Wales 32C 1 Except in the circumstances described in subsection (2), a governing body of a maintained school must determine the times of the school sessions for the school. 2 The circumstances are— a that the local authority in whose area the school is situated have given notice to the governing body that the times of the school sessions are to be determined in accordance with subsection (4), and b that the notice has not been withdrawn by the local authority. 3 A local authority must not give a notice under this section unless they consider that a change in the times of the school sessions is necessary or expedient in order to— a promote the use of sustainable modes of travel within the meaning of section 11 of the Learner Travel (Wales) Measure 2008 (nawm 2), or b improve the effectiveness or efficiency of travel arrangements made, or to be made, by the authority under that Measure. 4 In the circumstances described in subsection (2)— a where there are 2 sessions on the relevant school day— i the local authority must determine the time each day at which the first school session starts and the second school session ends, and ii the governing body must determine the time each day at which the first school session ends and the second school session starts, b where there is one school session on the relevant school day the local authority must determine the time each day at which the school session starts and ends. 5 The Welsh Ministers may by regulations make provision— a as to the procedure to be followed where the governing body of a community, voluntary controlled or community special school or maintained nursery school proposes to make any change in the time of the school sessions; b as to the implementation of any such proposal; c for enabling the local authority to determine, for any purposes of the regulations, whether any person is to be treated as a parent of a registered pupil at the school; d as to the procedure to be followed where the local authority propose to give a notice under this section; e as to the form and content of such a notice; f as to the implementation of a determination made under subsection (4). 6 A local authority must have regard to any guidance given by the Welsh Ministers when giving a notice under subsection (2) or discharging any function conferred by this section or regulations made under it. 7 In this section— “ maintained school ” means a school in Wales which is a community, foundation or voluntary school, a community special school or a maintained nursery school; “ the times of the school sessions ” means the times at which each of the school sessions or, if there is only one, the school session, is to begin and end on any day. . Her Majesty's Inspectorate of Education and Training in Wales Her Majesty's Inspectorate of Education and Training in Wales 43 In section 19 of the Education Act 2005 (c. 18) (Her Majesty's Inspectorate of Education and Training in Wales), omit subsection (6) (Welsh Ministers to advise Secretary of State on recommendations to Her Majesty on the exercise of powers of appointment and removal under subsections (1), (2) and (4)(c)). Local authority education functions - intervention Local authority education functions exercisable by the persons directed 44 1 The 2013 Act is amended as follows. 2 In section 25 (power to require performance of functions by other persons on behalf of authority), after subsection (3), insert— 4 If a direction under subsection (2) is in force, the functions of the local authority to which it relates are to be treated for all purposes as being exercisable by the specified person. . 3 In section 26 (power to require performance of functions by Welsh Ministers or nominee), after subsection (3), insert— 4 If a direction under subsection (2) is in force, the functions of the local authority to which it relates are to be treated for all purposes as being exercisable by the Welsh Ministers or their nominee. . PART 4 GENERAL PROVISION Status as an Education Act 45 This Act is to be included in the list of Education Acts set out in section 578 of the 1996 Act. Ancillary provision 46 1 The Welsh Ministers may by order make such incidental, consequential, supplemental, transitional, transitory or saving provision as they consider appropriate for the purposes of, or in connection with, giving full effect to any provision made by or under this Act. 2 An order under this section may modify this or any other enactment. Orders and regulations 47 1 Any power of the Welsh Ministers to make an order or regulations under this Act (except an order under section 50) is exercisable by statutory instrument and includes power to— a make such incidental, consequential, supplemental, transitional, transitory or saving provision as the Welsh Ministers consider necessary or expedient for the purposes of, or in connection with, this Act, and b make different provision for different purposes including, in particular, making different provision for different categories of registration. 2 A statutory instrument which contains (alone or with other provision)— a an order under section 5; b an order under section 10(6); c regulations under section 12; d an order under section 46 which includes provision which adds to, amends or omits the text of an Act of Parliament or a Measure or Act of the National Assembly for Wales; e an order under paragraph 3 of Schedule 1 or paragraph 2 of Schedule 2, may not be made unless a draft of the instrument has been laid before and approved by resolution of the National Assembly for Wales. 3 Any other statutory instrument containing an order or regulations under this Act (except an order under section 50) is to be subject to annulment in pursuance of a resolution of the National Assembly for Wales. Minor and consequential amendments and repeals 48 Schedule 3 (which makes minor and consequential amendments and repeals) has effect. General interpretation 49 1 In this Act, unless the context requires otherwise— “ 1996 Act ” (“ Deddf 1996 ”) means the Education Act 1996 (c. 56); “ 1998 Act ” (“ Deddf 1998 ”) means the Teaching and Higher Education Act 1998 (c. 30); “ 2002 Act ” (“ Deddf 2002 ”) means the Education Act 2002 (c. 32); “ 2013 Act ” (“ Deddf 2013 ”) means the School Standards and Organisation (Wales) Act 2013 (anaw 1); “enactment“ (“ deddfiad ”) means a provision contained in any of the following (whenever enacted or made)— an Act of Parliament; a Measure or an Act of the National Assembly for Wales; subordinate legislation within the meaning of the Interpretation Act 1978 (including subordinate legislation made under an Act of Parliament or under a Measure or an Act of the National Assembly for Wales); “ modify ” (“ addasu ”), in relation to an enactment, includes amend or repeal; “ specified ” (“ penodedig ”) means specified in an order or regulations made under this Act. 2 Other expressions, if used in this Act and the 1996 Act, have the same meaning in this Act as in the 1996 Act. 3 But where an expression is given for the purposes of any provision of this Act a meaning different from that given to it for the purposes of the 1996 Act, that meaning is to apply for the purposes of that provision instead of the one given for the purposes of the 1996 Act. Commencement 50 1 The following provisions come into force on the day on which this Act receives Royal Assent— a section 1; b section 45; c section 46; d section 47; e section 49; f this section; g section 51. 2 Section 42 comes into force on the day on which this Act receives Royal Assent but only to the extent necessary for regulations to be made under section 32A(6) or 32B(4) of the 2002 Act. 3 Paragraph 2 of Part 1 of Schedule 3 comes into force at the end of the period of two months beginning with the day on which this Act receives Royal Assent. 4 The other provisions of this Act come into force on such day as the Welsh Ministers may by order made by statutory instrument appoint. 5 An order under subsection (4) may— a appoint different days for different purposes, and b include such transitional, transitory or saving provision as the Welsh Ministers consider necessary or expedient. Short title 51 The short title of this Act is the Education (Wales) Act 2014. SCHEDULE 1 EDUCATION WORKFORCE COUNCIL (introduced by section 2(2)) Status 1 1 The Council— a is not a servant or agent of the Crown, and b has no status, immunity or privilege of the Crown. 2 The Council's property is not property of, or property held on behalf of, the Crown. Powers 2 1 The Council may do anything which is calculated to facilitate, or is incidental or conducive to, the carrying out of any of its functions. 2 In particular, the Council may— a acquire and dispose of land or other property; b enter into contracts; c invest sums not immediately required for the purpose of carrying out its functions; d accept gifts of money, land or other property; e form bodies corporate or associated or other bodies which are not bodies corporate; f enter into joint ventures with other persons; g subscribe for shares and stock; h borrow money. Membership 3 1 The Council is to have 14 members. 2 But the Welsh Ministers may by order amend this paragraph to specify that the Council is to have— a a different number of members, or b a specified minimum and maximum number of members. 3 Members are to be appointed by the Welsh Ministers. 4 The Welsh Ministers must, when exercising any function in relation to the membership of the Council— a have regard to the desirability of that membership including persons with the experience and skills necessary to enable the Council to perform its functions efficiently and effectively, and b secure that the majority of members of the Council are, or recently have been, registered persons. 5 Members are to act as individuals (that is, they are not to act as representatives of any organisation or body to which they may belong, nor any person, organisation or body that nominated them). Membership: further provision 4 1 The Welsh Ministers may by regulations make provision relating to members and their appointment. 2 Regulations under this paragraph may, in particular, include provision about— a the eligibility of a person for appointment; b the procedure for an appointment; c the filling of any vacancies in membership which arises otherwise than at the end of a member's term of office. 3 Regulations under this paragraph may— a apply (with or without modifications) any code of practice that is concerned with appointments to public bodies, or b make other provision relating to any such code. Tenure 5 1 The term of office of a member is such period of up to 5 years as the Welsh Ministers may specify in the appointment. 2 A member may resign at any time by giving notice in writing to the chief officer of the Council. Removal from office 6 1 A member may be removed from office by a majority vote of other members if without good cause— a the member has been absent from 3 consecutive Council meetings, or b the member has been absent from meetings for a period of 6 months or more beginning with the date on which the member last attended a Council meeting. 2 Before any vote is taken to remove a member, the member must be given an opportunity to make oral representations to the Council. 3 A person ceases to hold office as a member if— a the person is barred from regulated activity relating to children within the meaning of section 3(2) of the Safeguarding Vulnerable Groups Act 2006; b the person is prohibited from being employed as a teacher by virtue of a prohibition order under section 141B of the 2002 Act; c a disciplinary order is made in respect of the person under section 26 by virtue of which the person becomes ineligible for registration under section 9; d the person is disqualified from being employed as a teacher in any school by virtue of an order made— i by an Independent Schools Tribunal under section 470 of the 1996 Act, or ii by the Secretary of State or the Welsh Ministers under section 471 of that Act; or e the person becomes ineligible for registration as a teacher, or is disqualified from being a teacher in a school or further education institution, in another part of the United Kingdom. Remuneration, allowances and expenses of members 7 1 The Council may— a pay to its members such remuneration, allowances and expenses as it may determine, and b pay or make provision for the payment of such sums by way of pension, allowance and gratuities to or in respect of a member as it may determine. 2 If a person ceases to be a member of the Council and it appears to the Council that there are special circumstances which make it appropriate that the person should receive compensation, the Council may make to that person a payment of such amount as it may determine. 3 The Council may pay to members of any of its committees who are not members of the Council such expenses and allowances as it may determine. 4 The Council may pay to the employer of a person who is a member of the Council (or a member of any of its committees but not a member of the Council) such compensation in respect of the loss of that person's services as it may determine. Chairing member 8 1 The Council must elect a chairing member from amongst its membership. 2 The chairing member is to hold office for such period as the Council may determine. 3 The chairing member may— a resign as chairing member at any time by giving notice in writing to the chief officer of the Council, and b be removed as chairing member by a two-thirds majority vote of the other members. Chief officer and other staff 9 1 The Council must have a chief officer. 2 The Welsh Ministers may by regulations make provision about the appointment of the chief officer, including, in particular— a specifying who is to appoint the chief officer; b the procedure for such an appointment; c how the terms and conditions (including remuneration, allowances, expenses and pensions) of the chief officer are to be determined. 3 Regulations under this paragraph may— a apply (with or without modifications) any code of practice that is concerned with appointments to public bodies, or b make other provision relating to any such code. 4 The Council may appoint such other employees as it considers appropriate. 5 Employees (other than the chief officer) are to be appointed on such terms and conditions (including as to remuneration, allowances, expenses and pensions) as the Council may determine. 6 The Council may— a pay, or make payments in respect of pensions or gratuities to or in respect of employees or former employees; b provide and maintain schemes (whether contributory or not) for the payment of pensions and gratuities to or in respect of employees or former employees. 7 References in this paragraph to pensions and gratuities include references to pensions and gratuities by way of compensation to or in respect of employees who suffer loss of employment or loss or diminution of emoluments. 8 If any person— a on ceasing to be employed by the Council, becomes or continues to be one of its members, and b was, by reference to the person's employment, a participant in a pension scheme maintained by the Council, the Council may make provision for that person to continue to participate in that scheme, on such terms and conditions as it may determine, as if the person's service as a member were service as an employee; and any such provision is to be without prejudice to paragraph 7. Schemes relating to remuneration etc. 10 1 The Council must— a prepare a scheme setting out its approach to determining the amounts which it may pay— i to members under paragraph 7, and ii to employees under paragraph 9 (including the chief officer if so required by regulations made under paragraph 9(2)(c)), and b submit the scheme to Welsh Ministers for approval. 2 The Council may determine the amounts it pays to members and employees only in accordance with a scheme approved under this paragraph by the Welsh Ministers. 3 The Council must publish a scheme approved by Welsh Ministers in such manner as the Welsh Ministers may specify. 4 The Council may from time to time revise the scheme (in which case sub-paragraphs (1)(b), (2) and (3) apply to such a revised scheme). Eligibility for superannuation scheme 11 1 Employment with the Council is among the kinds of employment to which a scheme under section 1 of the Superannuation Act 1972 (c. 11) (superannuation schemes as respects civil servants etc.) can apply. 2 The Council must pay to the Minister for the Civil Service, at such times as the Minister may direct, such sums as the Minister may determine in respect of the increase attributable to sub-paragraph (1) in the sums payable out of money provided by Parliament under that Act. 3 Where an employee of the Council is, by reference to that employment, a participant in a scheme under section 1 of the Superannuation Act 1972 and is also a member of the Council, the Secretary of State may determine that the person's service as a member is to be treated for the purposes of the scheme as service as an employee (whether or not any benefits are payable to or in respect of him by virtue of paragraph 7). Committees generally 12 1 The Council— a may establish committees for any purpose, and b if so required by regulations made by the Welsh Ministers, must establish such committees for such purposes as may be specified in the regulations; (but see also paragraphs 19 and 20). 2 Subject to sub-paragraph (3), the Council— a may determine the number of members which a committee established under this paragraph are to have, and b must determine the terms on which such members are to hold and vacate office. 3 Regulations under sub-paragraph (1)(b) may make provision about— a the membership of a committee established under the regulations; b the terms on which such a committee's members are to vacate office; c the procedure of any such committee. 4 Regulations under sub-paragraph (1)(b) may also authorise the Council to make provision with respect to any matter as to which provision may be made by those regulations. 5 Subject to any conditions as may be imposed by regulations made under sub-paragraph (1)(b), the Council may include on a committee persons who are not members of the Council. Delegation of functions 13 1 The Council may authorise the chairing member or any committee established under paragraph 12 to exercise such of its functions as it may determine. 2 Sub-paragraph (1) does not affect the Council's— a responsibility for the exercise of delegated functions, or b ability to exercise delegated functions. Proceedings 14 1 The Council may regulate its own procedure and that of any its committees (except to the extent that this Schedule or regulations made under it provide otherwise). 2 The validity of the Council's proceedings are not affected by— a any vacancy in its members; b any defect in the appointment of a member; c the disqualification of a person as a member after appointment. 3 The Council must provide the Welsh Ministers with such copies of any documents distributed to its members or committees as the Welsh Ministers may require. Application of seal 15 The application of the seal of the Council is to be authenticated by the signature of— a the chairing member or some other person authorised either generally or specifically by the Council to act for that purpose, and b one other member. Proof of documents 16 Every document purporting to be an instrument made or issued by or on behalf of the Council and to be duly executed under the seal of the Council, or to be signed or executed by a person authorised by the Council to act in that behalf, is to be received in evidence and treated, without further proof, as being so made or issued unless the contrary is shown. Finance 17 The Welsh Ministers may make grants to the Council of such amounts and subject to such terms and conditions (including as to repayment) as they may determine. Accounting officer 18 1 The Welsh Ministers may designate a person to act as the Council's accounting officer. 2 The accounting officer has, in relation to the Council's accounts and finances, the responsibilities specified in a direction by the Welsh Ministers. 3 The responsibilities that may be specified include responsibilities— a in relation to the signing of accounts; b for the propriety and regularity of the Council's finances; c for the economy, efficiency and effectiveness with which the Council uses its resources; d owed to the Welsh Ministers, the National Assembly for Wales or the Public Accounts Committee of the National Assembly; e owed to the House of Commons or the Committee of Public Accounts of that House. Audit committee 19 1 The Council must establish a committee (an “audit committee”) to— a review and scrutinise the Council's financial affairs, b review and assess the Council's risk management, internal control and corporate governance arrangements, c review and assess the economy, efficiency and effectiveness with which resources have been used in discharging the Council's functions, and d make reports and recommendations to the Council in relation to reviews conducted under paragraphs (a), (b) or (c). 2 The audit committee must send copies of its reports and recommendations to the Welsh Ministers. 3 It is for the audit committee to determine how to exercise its functions under this paragraph. Audit committee: membership 20 1 The audit committee is to consist of— a at least two members of the Council, and b at least one lay member. 2 The Council's chairing member may not be a member of the audit committee. 3 The Council may pay such remuneration, allowances and expenses to a lay member as it may determine. 4 The Council must consult the Welsh Ministers before determining the remuneration or allowances payable to a lay member. 5 In this paragraph “ lay member ” means any person other than a member or an employee of the Council. Accounts and external audit 21 1 The Council must— a keep proper accounts and proper records in relation to them, and b prepare in respect of each financial year a statement of accounts. 2 In preparing a statement of accounts, the Council must comply with any direction given by the Welsh Ministers as to— a the form and content of such accounts; b the methods and principles according to which the statement is to be prepared. 3 No later than 31 August after the end of each financial year, the Council must submit a copy of its statement of accounts to— a the Welsh Ministers, and b the Auditor General for Wales. 4 The Auditor General for Wales must— a examine, certify and report on the statement of accounts, and b no later than 4 months after the copy is submitted under sub-paragraph (3), lay before the National Assembly for Wales a copy of the certified statement and report. 5 In this Schedule “ financial year ” means the period of 12 months ending on 31 March. Annual reports 22 1 No later than 30 November after the end of each financial year the Council must submit a report to the Welsh Ministers on the discharge of its functions during that year. 2 The Welsh Ministers must lay a copy of the report before the National Assembly for Wales. 3 The Council may publish the report in such manner as it considers appropriate (including electronically). SCHEDULE 2 CATEGORIES OF REGISTRATION (introduced by section 9(3)) 1 The first column in table 1 sets out the categories of registration and the second column describes the category by reference to the persons who fall within it. TABLE 1 Category Description School teacher A person who is a qualified teacher and who provides (or wishes to provide) any services specified in regulations made under section 14 in a school. School learning support worker A person who satisfies the requirements specified in regulations made under section 14(1)(a)(ii) and who supports (or wishes to support) the provision of any of the services specified in regulations made under that section in a school. Further education teacher A person who provides (or wishes to provide) education (as defined by section 140(3) of the 2002 Act) in or for a further education institution in Wales. Further education learning support worker A person ... who directly or indirectly provides (or wishes to provide) any of the services described in section 16(2) in or for a further education institution in Wales. Youth worker A person who provides (or wishes to provide) youth development services and who— possesses at least one of the qualifications specified as youth worker qualifications in an order made under paragraph 2, or otherwise meets such alternative requirements as are specified in an order under that paragraph. Youth support worker A person who provides (or wishes to provide) youth development services and who– possesses at least one of the qualifications specified as youth support worker qualifications in an order made under paragraph 2, or otherwise meets such alternative requirements as are specified in an order under that paragraph. Work based learning practitioner A person who provides (or wishes to provide) work based learning practitioner services. Independent school teacher A person who provides (or wishes to provide) independent school teacher services in or for an independent school in Wales. Independent school learning support worker A person who supports (or wishes to support) the provision of independent school teacher services in or for an independent school in Wales. Independent special post-16 institution teacher A person who provides (or wishes to provide) independent special post-16 institution teacher services in or for an independent special post-16 institution in Wales. Independent special post-16 institution learning support worker A person who supports (or wishes to support) the provision of independent special post-16 institution teacher services in or for an independent special post-16 institution in Wales. Adult learning practitioner A person who provides (or wishes to provide) further education and training to adults for or on behalf of a community-based adult learning provider. Principal or senior leader in further education A person who is undertaking (or wishes to undertake) a senior leadership role in managing teaching and learning in or for a further education institution in Wales. Changing the categories of registered worker 2 1 The Welsh Ministers may by order add, amend or remove a category of registration (or the description of a category) which may include, amongst other things, adding a category of registration relating to independent schools (within the meaning of section 463 of the 1996 Act), and amending or removing such a category. 2 An order under sub-paragraph (1) may make such provision about or in connection with the new category of registration as the Welsh Ministers consider necessary or expedient. 3 In particular, an order under sub-paragraph (1) may specify services that may not be provided by a person unless the person— a satisfies any specified requirements, and b is registered. 4 An order specifying services for the purposes of sub-paragraph (3) may make provision by reference to— a one or more specified activities, or b the circumstances in which activities are carried out. 5 A requirement of such an order may, in particular, relate to— a the possession of a specified qualification or experience of a specified kind; b participation in or completion of a specified programme or course of training; c compliance with a specified condition; d an exercise of discretion by the Welsh Ministers, another specified person or another person of a specified description. 6 Before making an order under this paragraph, the Welsh Ministers must consult such persons as they consider appropriate. 7 An order made under this paragraph may modify this Act or any other enactment. Interpretation 3 In this Schedule— “ adult ” (“ oedolyn ”) means a person aged 18 or over; “ community-based adult learning provider ” (“ darparwr dysgu oedolion cymunedol ”) means a provider (other than a school, further education institution or higher education institution) of further education and training for adults which is based in the community and funded or otherwise provided by a local authority, the Commission for Tertiary Education and Research or the Welsh Ministers; “ further education ” (“ addysg bellach ”) means education (other than higher education) suitable to the requirements of persons who are over compulsory school age; “ higher education ” (“ addysg uwch ”) means education provided by means of a course of any description mentioned in Schedule 6 to the Education Reform Act 1988 ; “ higher education institution ” (“ sefydliad addysg uwch ”) means an institution falling within section 91(5) of the Further and Higher Education Act 1992 ; “ independent school ” (“ ysgol annibynnol ”) has the meaning given in section 463 of the 1996 Act; “ independent school teacher services ” (“ gwasanaethau athro neu athrawes ysgol annibynnol ”) are services specified as such in an order made under paragraph 2; “ independent special post-16 institution ” (“ sefydliad ôl-16 arbennig annibynnol ”) has the meaning given in section 56(6) of the Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2) ; “ independent special post-16 institution teacher services ” (“ gwasanaethau athro neu athrawes sefydliad ôl-16 arbennig annibynnol ”) are services specified as such in an order made under paragraph 2; “school” ( “ysgol” ) means— a school maintained by a local authority in Wales; a special school in Wales not so maintained; “work based learning” ( “dysgu seiliedig ar waith” ) means education or training provided— for persons aged 16 or above (regardless of whether it is also provided for persons under 16), and to develop knowledge and skills relevant to a particular trade, occupation or employer; “work based learning practitioner services” ( “gwasanaethau ymarferydd dysgu seiliedig ar waith” ) are— the co-ordination and delivery of work based learning; the assessment of the knowledge and skills of a person receiving (or about to receive) work based learning; “youth development services” ( “gwasanaethau datblygu ieuenctid” ) are services— provided mainly to persons who are aged no younger than 11 and no older than 25, and which promote— the development of the skills or knowledge of such persons, or the intellectual, emotional or social development of such persons. SCHEDULE 3 CHANGES TO OTHER LEGISLATION (introduced by section 48) PART 1 MINOR AND CONSEQUENTIAL AMENDMENTS Education Act 2002 (c. 32) 1 1 The 2002 Act is amended as follows. 2 In section 32 (responsibility for fixing dates of terms and holidays and times of sessions)— a in subsection (1)— i after “school” where it occurs the first and second time, insert “ in England ” ; ii in paragraph (b), omit “subject to subsections (5) to (9),”; b in subsection (2)— i after “school” where it occurs the first time, insert “ in England ” ; ii in paragraph (b), omit “subject to subsections (5) to (9)”; c omit subsections (5) to (10); d accordingly, the heading of section 32 becomes “ Responsibility for fixing dates of terms and holidays and times of sessions: England ” . 3 In section 131(1) (appraisal of school teachers), after “teachers” insert “ in England ” . 4 In section 132 (qualified teacher status), for “General Teaching Council for Wales” substitute “ Education Workforce Council ” . 5 In section 133(1) (requirement to be qualified), after “school” insert “ in England ” . 6 In section 210(6A) (orders and regulations), for “32(9)” substitute “ 32C(5) ” . School Standards and Organisation (Wales) Act 2013 (anaw 1) 2 In Schedule 4 to the School Standards and Organisation (Wales) Act 2013, in paragraph 8, for “Schedule 13 to the Schools Standards and Framework Act 1998” substitute “ regulations made under section 31 of the Education Act 2002 (control of school premises) ” . PART 2 REPEALS 3 The enactments mentioned in the first column are repealed to the extent mentioned in the second column. TABLE 2 Enactment Extent of repeal Teaching and Higher Education Act 1998 (c. 30) Sections 1 to 15. Section 19. Schedule 1. Schedule 2. Education Act 2002 (c. 32) Section 131(7). Section 134. SCHEDULE 4 INDEX OF DEFINED WORDS AND EXPRESSIONS (introduced by section 1) The words and expressions in the first column of table 3— a have their Welsh language equivalents noted in the second column, and b are defined by, or as the case may be, are to be interpreted in accordance with the provisions of this Act listed in the third column. TABLE 3 Word or expression Welsh language equivalent Relevant provision 1996 Act Deddf 1996 Section 49 1998 Act Deddf 1998 Section 49 2002 Act Deddf 2002 Section 49 2013 Act Deddf 2013 Section 49 Adult Oedolyn Schedule 2 Adult learning practitioner Ymarferydd dysgu oedolion Schedule 2 Agent Asiant Section 37 Appropriate body Corff priodol Section 21 Category of registration Categori cofrestru Section 41(1) Community-based adult learning provider Darparwr dysgu oedolion cymunedol Schedule 2 Disciplinary order Gorchymyn disgyblu Section 27(2) Education (in sections 15 & 16) Addysg (yn adrannau 15 ac 16) Sections 15, 16 Education Workforce Council Cyngor y Gweithlu Addysg Section 2 Enactment Deddfiad Section 49 Financial year (in Schedule 1) Blwyddyn ariannol (yn Atodlen 1) Paragraph 21(5) of Schedule 1 Further education Addysg bellach Schedule 2 Further education institution Sefydliad addysg bellach Section 41(1) Further education learning support worker Gweithiwr cymorth dysgu mewn addysg bellach Schedule 2 Further education teacher Athro neu athrawes addysg bellach Schedule 2 Higher education Addysg uwch Schedule 2 Higher education institution Sefydliad addysg uwch Schedule 2 Independent school Ysgol annibynnol Schedule 2 Independent school learning support worker Gweithiwr cymorth dysgu mewn ysgol annibynnol Schedule 2 Independent school teacher Athro neu athrawes ysgol annibynnol Schedule 2 Independent special post-16 institution Sefydliad ôl-16 arbennig annibynnol Schedule 2 Independent special post-16 institution learning support worker Gweithiwr cymorth dysgu mewn sefydliad ôl-16 arbennig annibynnol Schedule 2 Independent special post-16 institution teacher Athro neu athrawes sefydliad ôl-16 arbennig annibynnol Schedule 2 Modify Addasu Section 49 Period of induction Cyfnod sefydlu Section 22(3) Principal or senior leader in further education Pennaeth neu uwch-arweinydd mewn addysg bellach Schedule 2 Registered person Person cofrestredig Section 41(1) (see also section 27(1)) Registrable profession (in sections 4 & 8) Proffesiwn cofrestradwy (yn adrannau 4 ac 8) Section 8 Relevant employer Cyflogwr perthnasol Section 36(4) Relevant maintained school (in section 22(3)) Ysgol berthnasol a gynhelir (yn adran 22(3)) Section 22(3) Relevant matters (in section 7) Materion perthnasol (yn adran 7) Section 7 Relevant offence Trosedd berthnasol Section 27(1) Relevant principal Pennaeth perthnasol Section 21 Relevant services Gwasanaethau perthnasol Section 41 Salary (in section 12) Cyflog (yn adran 12) Section 12 School (in sections 14, 23 & Schedule 2) Ysgol (yn adrannau 14, 23 ac Atodlen 2) Sections 14(6), 23(7), paragraph 3 of Schedule 2 School learning support worker Gweithiwr cymorth dysgu mewn ysgol Schedule 2 School teacher Athro neu athrawes ysgol Schedule 2 Specified Penodedig Section 49 The Council Y Cyngor Section 2(1)(b) The register Y gofrestr Section 41(1) Work based learning Dysgu seiliedig ar waith Schedule 2 Work based learning practitioner Ymarferydd dysgu seiliedig ar waith Schedule 2 Work based learning practitioner services Gwasanaethau ymarferydd dysgu seiliedig ar waith Schedule 2 Youth development services Gwasanaethau datblygu ieuenctid Schedule 2 Youth support worker Gweithiwr cymorth ieuenctid Schedule 2 Youth worker Gweithiwr ieuenctid Schedule 2 S. 42 partly in force; s. 42 in force for specified purposes at Royal Assent, see s. 50(2) Sch. 3 para. 1(1)(2)(6) in force at 14.7.2014 by S.I. 2014/1605 , art. 2(d) S. 44 in force at 14.7.2014 by S.I. 2014/1605 , art. 2(b) S. 42 in force in so far as not already in force at 14.7.2014 by S.I. 2014/1605 , art. 2(a) S. 48 in force at 14.7.2014 by S.I. 2014/1605 , art. 2(c) S. 2 in force for specified purposes at 18.8.2014 by S.I. 2014/2162 , art. 2(a) Sch. 1 para. 3(1)-(4)(a) (5) in force at 18.8.2014 by S.I. 2014/2162 , art. 2(b)(i) Sch. 1 para. 4 in force at 18.8.2014 by S.I. 2014/2162 , art. 2(b)(ii) Sch. 1 para. 5 in force at 18.8.2014 by S.I. 2014/2162 , art. 2(b)(iii) Sch. 1 para. 6 in force at 18.8.2014 by S.I. 2014/2162 , art. 2(b)(iv) Sch. 1 para. 7 in force at 18.8.2014 by S.I. 2014/2162 , art. 2(b)(v) Sch. 1 para. 9(1)-(3) in force for specified purposes at 18.8.2014 by S.I. 2014/2162 , art. 2(b)(vi) Sch. 1 para. 12 in force at 18.8.2014 by S.I. 2014/2162 , art. 2(b)(vii) S. 43 in force at 1.9.2014 by S.I. 2014/1605 , art. 3 S. 2 in force at 16.1.2015 for specified purposes by S.I. 2015/29 , art. 2(a) Sch. 4 in force at 16.1.2015 by S.I. 2015/29 , art. 2(aa) S. 5 in force at 16.1.2015 by S.I. 2015/29 , art. 2(b) S. 9(1) (3) in force at 16.1.2015 for specified purposes by S.I. 2015/29 , art. 2(c) S. 10 in force at 16.1.2015 by S.I. 2015/29 , art. 2(d) S. 12 in force at 16.1.2015 by S.I. 2015/29 , art. 2(e) S. 13 in force at 16.1.2015 by S.I. 2015/29 , art. 2(f) S. 14 in force at 16.1.2015 for specified purposes by S.I. 2015/29 , art. 2(g) S. 15 in force at 16.1.2015 by S.I. 2015/29 , art. 2(h) S. 17 in force at 16.1.2015 by S.I. 2015/29 , art. 2(i) S. 18 in force at 16.1.2015 for specified purposes by S.I. 2015/29 , art. 2(j) S. 19 in force at 16.1.2015 for specified purposes by S.I. 2015/29 , art. 2(k) S. 21 in force at 16.1.2015 by S.I. 2015/29 , art. 2(l) S. 24 in force at 16.1.2015 for specified purposes by S.I. 2015/29 , art. 2(m) S. 25 in force at 16.1.2015 by S.I. 2015/29 , art. 2(n) S. 26 in force at 16.1.2015 by S.I. 2015/29 , art. 2(o) S. 27 in force at 16.1.2015 by S.I. 2015/29 , art. 2(p) S. 28 in force at 16.1.2015 by S.I. 2015/29 , art. 2(q) S. 29 in force at 16.1.2015 for specified purposes by S.I. 2015/29 , art. 2(r) S. 30 in force at 16.1.2015 for specified purposes by S.I. 2015/29 , art. 2(s) S. 31 in force at 16.1.2015 for specified purposes by S.I. 2015/29 , art. 2(t) S. 33 in force at 16.1.2015 by S.I. 2015/29 , art. 2(u) S. 35 in force at 16.1.2015 by S.I. 2015/29 , art. 2(v) S. 36 in force at 16.1.2015 by S.I. 2015/29 , art. 2(w) S. 37 in force at 16.1.2015 by S.I. 2015/29 , art. 2(x) S. 41 in force at 16.1.2015 by S.I. 2015/29 , art. 2(y) Sch. 2 para. 1 in force at 16.1.2015 for specified purposes by S.I. 2015/29 , art. 2(z) Sch. 2 para. 3 in force at 16.1.2015 by S.I. 2015/29 , art. 2(z) Sch. 3 para. 1(1)(2)(6) in force at 1.4.2015 if otherwise not already in force by S.I. 2015/29 , art. 3(w) Sch. 3 para. 1(4)(5) in force at 1.4.2015 by S.I. 2015/29 , art. 3(w) Sch. 1 para. 3(1)-(4)(a) (5) in force at 1.4.2015 in so far as not already in force by S.I. 2015/29 , art. 3(u) S. 9(1) (3) in force at 1.4.2015 in so far as not already in force by S.I. 2015/29 , art. 3(f) S. 9(2) (4) (5) in force at 1.4.2015 by S.I. 2015/29 , art. 3(f) Sch. 1 para. 3(4)(b) in force at 1.4.2015 by S.I. 2015/29 , art. 3(u) S. 20 in force at 1.4.2015 by S.I. 2015/29 , art. 3(j) S. 48 in force at 1.4.2015 in so far as not already in force by S.I. 2015/29 , art. 3(t) S. 2 in force at 1.4.2015 in so far as not already in force by S.I. 2015/29 , art. 3(a) S. 18 in force at 1.4.2015 in so far as not already in force by S.I. 2015/29 , art. 3(h) S. 19 in force at 1.4.2015 in so far as not already in force by S.I. 2015/29 , art. 3(i) S. 24 in force at 1.4.2015 in so far as not already in force by S.I. 2015/29 , art. 3(l) S. 29 in force at 1.4.2015 in so far as not already in force by S.I. 2015/29 , art. 3(m) S. 30 in force at 1.4.2015 in so far as not already in force by S.I. 2015/29 , art. 3(n) S. 31 in force at 1.4.2015 in so far as not already in force by S.I. 2015/29 , art. 3(o) S. 3 in force at 1.4.2015 by S.I. 2015/29 , art. 3(b) S. 4 in force at 1.4.2015 by S.I. 2015/29 , art. 3(c) S. 6 in force at 1.4.2015 by S.I. 2015/29 , art. 3(d) S. 7 in force at 1.4.2015 by S.I. 2015/29 , art. 3(e) S. 8 in force at 1.4.2015 by S.I. 2015/29 , art. 3(e) S. 11 in force at 1.4.2015 by S.I. 2015/29 , art. 3(g) S. 22 in force at 1.4.2015 by S.I. 2015/29 , art. 3(k) S. 32 in force at 1.4.2015 by S.I. 2015/29 , art. 3(p) S. 34 in force at 1.4.2015 by S.I. 2015/29 , art. 3(q) S. 38 in force at 1.4.2015 by S.I. 2015/29 , art. 3(r) S. 39 in force at 1.4.2015 by S.I. 2015/29 , art. 3(s) S. 40 in force at 1.4.2015 by S.I. 2015/29 , art. 3(s) Sch. 3 para. 3 in force at 1.4.2015 for specified purposes by S.I. 2015/29 , art. 3(x) (with art. 4 ) Sch. 1 para. 11 in force at 1.4.2015 by S.I. 2015/29 , art. 3(u) Sch. 3 para. 2 in force at 1.4.2015 by S.I. 2015/29 , art. 3(w) Sch. 1 para. 1 in force at 1.4.2015 by S.I. 2015/29 , art. 3(u) Sch. 1 para. 2 in force at 1.4.2015 by S.I. 2015/29 , art. 3(u) Sch. 1 para. 8 in force at 1.4.2015 by S.I. 2015/29 , art. 3(u) Sch. 1 para. 10 in force at 1.4.2015 by S.I. 2015/29 , art. 3(u) Sch. 1 para. 13 in force at 1.4.2015 by S.I. 2015/29 , art. 3(u) Sch. 1 para. 14 in force at 1.4.2015 by S.I. 2015/29 , art. 3(u) Sch. 1 para. 15 in force at 1.4.2015 by S.I. 2015/29 , art. 3(u) Sch. 1 para. 16 in force at 1.4.2015 by S.I. 2015/29 , art. 3(u) Sch. 1 para. 17 in force at 1.4.2015 by S.I. 2015/29 , art. 3(u) Sch. 1 para. 18 in force at 1.4.2015 by S.I. 2015/29 , art. 3(u) Sch. 1 para. 19 in force at 1.4.2015 by S.I. 2015/29 , art. 3(u) Sch. 1 para. 20 in force at 1.4.2015 by S.I. 2015/29 , art. 3(u) Sch. 1 para. 21 in force at 1.4.2015 by S.I. 2015/29 , art. 3(u) Sch. 1 para. 22 in force at 1.4.2015 by S.I. 2015/29 , art. 3(u) Sch. 2 para. 2 in force at 1.4.2015 by S.I. 2015/29 , art. 3(v) Sch. 1 para. 9(1)-(3) in force at 1.4.2015 in so far as not already in force by S.I. 2015/29 , art. 3(u) Sch. 1 para. 9(4)-(8) in force at 1.4.2015 by S.I. 2015/29 , art. 3(u) S. 14 in force at 1.1.2016 in so far as not already in force by S.I. 2015/1688 , art. 2(a) S. 16 in force at 1.1.2016 by S.I. 2015/1688 , art. 2(b) Sch. 2 para. 1 in force at 1.1.2016 for specified purposes by S.I. 2015/1688 , art. 2(c) Words in Sch. 2 para. 1 inserted (1.3.2017) by The Education Workforce Council (Registration of Youth Workers, Youth Support Workers and Work Based Learning Practitioners) Order 2016 (S.I. 2016/1183) , arts. 1(2) , 8(2) Sch. 2 para. 3 substituted (1.3.2017) by The Education Workforce Council (Registration of Youth Workers, Youth Support Workers and Work Based Learning Practitioners) Order 2016 (S.I. 2016/1183) , arts. 1(2) , 8(3) Words in Sch. 4 Table 3 inserted (22.5.2023) by The Education Workforce Council (Additional Categories of Registration) (Wales) Order 2023 (S.I. 2023/551) , arts. 1(2) , 11(4) Words in Sch. 2 para. 1 Table 1 substituted (22.5.2023) by The Education Workforce Council (Additional Categories of Registration) (Wales) Order 2023 (S.I. 2023/551) , arts. 1(2) , 11(2)(a) Words in Sch. 2 para. 1 Table 1 omitted (22.5.2023) by virtue of The Education Workforce Council (Additional Categories of Registration) (Wales) Order 2023 (S.I. 2023/551) , arts. 1(2) , 11(2)(b) Words in Sch. 2 para. 1 Table 1 inserted (22.5.2023) by The Education Workforce Council (Additional Categories of Registration) (Wales) Order 2023 (S.I. 2023/551) , arts. 1(2) , 11(2)(c) Words in Sch. 2 para. 3 inserted (22.5.2023) by The Education Workforce Council (Additional Categories of Registration) (Wales) Order 2023 (S.I. 2023/551) , arts. 1(2) , 11(3) Words in Sch. 4 Table 3 inserted (10.5.2024) by The Education Workforce Council (Additional Categories of Registration and Further Education Teacher Qualifications) (Wales) Order 2024 (S.I. 2024/613) , arts. 1(2) , 7(2) Words in Sch. 2 para. 1 Table 1 inserted (10.5.2024) by The Education Workforce Council (Additional Categories of Registration and Further Education Teacher Qualifications) (Wales) Order 2024 (S.I. 2024/613) , arts. 1(2) , 6(2) Words in Sch. 2 para. 3 inserted (10.5.2024) by The Education Workforce Council (Additional Categories of Registration and Further Education Teacher Qualifications) (Wales) Order 2024 (S.I. 2024/613) , arts. 1(2) , 6(3)
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[uk-legislation-anaw][anaw] 2024-06-19
http://www.legislation.gov.uk/anaw/2014/7/2022-12-01
http://www.legislation.gov.uk/anaw/2014/7/2022-12-01 Housing (Wales) Act 2014 An Act of the National Assembly for Wales to provide for the regulation of private rented housing; to reform the law relating to homelessness; to provide for assessment of the accommodation needs of Gypsies and Travellers and to require local authorities to meet those needs; to make provision about the standards of housing provided by local authorities; to abolish housing revenue account subsidy; to allow fully mutual housing associations to grant assured tenancies; to make provision about council tax payable for empty dwellings; and for other housing purposes. text text/xml en Statute Law Database 2024-06-19 Expert Participation 2022-12-01 Housing (Wales) Act 2014 Deddf Tai (Cymru) 2014 s. 4 The Housing (Wales) Act 2014 (Commencement No. 7) Order 2016 Gorchymyn Deddf Tai (Cymru) 2014 (Cychwyn Rhif 7) 2016 art. 2(2)(a) Housing (Wales) Act 2014 Deddf Tai (Cymru) 2014 s. 5 The Housing (Wales) Act 2014 (Commencement No. 7) Order 2016 Gorchymyn Deddf Tai (Cymru) 2014 (Cychwyn Rhif 7) 2016 art. 2(2)(b) Housing (Wales) Act 2014 Deddf Tai (Cymru) 2014 s. 6 The Housing (Wales) Act 2014 (Commencement No. 7) Order 2016 Gorchymyn Deddf Tai (Cymru) 2014 (Cychwyn Rhif 7) 2016 art. 2(2)(c) Housing (Wales) Act 2014 Deddf Tai (Cymru) 2014 s. 7 The Housing (Wales) Act 2014 (Commencement No. 7) Order 2016 Gorchymyn Deddf Tai (Cymru) 2014 (Cychwyn Rhif 7) 2016 art. 2(2)(d) Housing (Wales) Act 2014 Deddf Tai (Cymru) 2014 s. 8 The Housing (Wales) Act 2014 (Commencement No. 7) Order 2016 Gorchymyn Deddf Tai (Cymru) 2014 (Cychwyn Rhif 7) 2016 art. 2(2)(e) Housing (Wales) Act 2014 Deddf Tai (Cymru) 2014 s. 9 The Housing (Wales) Act 2014 (Commencement No. 7) Order 2016 Gorchymyn Deddf Tai (Cymru) 2014 (Cychwyn Rhif 7) 2016 art. 2(2)(f) Housing (Wales) Act 2014 Deddf Tai (Cymru) 2014 s. 10 The Housing (Wales) Act 2014 (Commencement No. 7) Order 2016 Gorchymyn Deddf Tai (Cymru) 2014 (Cychwyn Rhif 7) 2016 art. 2(2)(g) Housing (Wales) Act 2014 Deddf Tai (Cymru) 2014 s. 11 The Housing (Wales) Act 2014 (Commencement No. 7) Order 2016 Gorchymyn Deddf Tai (Cymru) 2014 (Cychwyn Rhif 7) 2016 art. 2(2)(h) Housing (Wales) Act 2014 Deddf Tai (Cymru) 2014 s. 12 The Housing (Wales) Act 2014 (Commencement No. 7) Order 2016 Gorchymyn Deddf Tai (Cymru) 2014 (Cychwyn Rhif 7) 2016 art. 2(2)(i) Housing (Wales) Act 2014 Deddf Tai (Cymru) 2014 s. 13 The Housing (Wales) Act 2014 (Commencement No. 7) Order 2016 Gorchymyn Deddf Tai (Cymru) 2014 (Cychwyn Rhif 7) 2016 art. 2(2)(j) Housing (Wales) Act 2014 Deddf Tai (Cymru) 2014 s. 28 The Housing (Wales) Act 2014 (Commencement No. 7) Order 2016 Gorchymyn Deddf Tai (Cymru) 2014 (Cychwyn Rhif 7) 2016 art. 2(2)(k) Housing (Wales) Act 2014 Deddf Tai (Cymru) 2014 s. 29 The Housing (Wales) Act 2014 (Commencement No. 7) Order 2016 Gorchymyn Deddf Tai (Cymru) 2014 (Cychwyn Rhif 7) 2016 art. 2(2)(l) Housing (Wales) Act 2014 Deddf Tai (Cymru) 2014 s. 30 The Housing (Wales) Act 2014 (Commencement No. 7) Order 2016 Gorchymyn Deddf Tai (Cymru) 2014 (Cychwyn Rhif 7) 2016 art. 2(2)(m) Housing (Wales) Act 2014 Deddf Tai (Cymru) 2014 s. 31 The Housing (Wales) Act 2014 (Commencement No. 7) Order 2016 Gorchymyn Deddf Tai (Cymru) 2014 (Cychwyn Rhif 7) 2016 art. 2(2)(n) Housing (Wales) Act 2014 Deddf Tai (Cymru) 2014 s. 32 The Housing (Wales) Act 2014 (Commencement No. 7) Order 2016 Gorchymyn Deddf Tai (Cymru) 2014 (Cychwyn Rhif 7) 2016 art. 2(2)(o) Housing (Wales) Act 2014 Deddf Tai (Cymru) 2014 s. 33 The Housing (Wales) Act 2014 (Commencement No. 7) Order 2016 Gorchymyn Deddf Tai (Cymru) 2014 (Cychwyn Rhif 7) 2016 art. 2(2)(p) Housing (Wales) Act 2014 Deddf Tai (Cymru) 2014 s. 34 The Housing (Wales) Act 2014 (Commencement No. 7) Order 2016 Gorchymyn Deddf Tai (Cymru) 2014 (Cychwyn Rhif 7) 2016 art. 2(2)(q) Housing (Wales) Act 2014 Deddf Tai (Cymru) 2014 s. 35 The Housing (Wales) Act 2014 (Commencement No. 7) Order 2016 Gorchymyn Deddf Tai (Cymru) 2014 (Cychwyn Rhif 7) 2016 art. 2(2)(r) Housing (Wales) Act 2014 Deddf Tai (Cymru) 2014 s. 40 The Housing (Wales) Act 2014 (Commencement No. 7) Order 2016 Gorchymyn Deddf Tai (Cymru) 2014 (Cychwyn Rhif 7) 2016 art. 2(2)(s) Housing (Wales) Act 2014 Deddf Tai (Cymru) 2014 s. 41 The Housing (Wales) Act 2014 (Commencement No. 7) Order 2016 Gorchymyn Deddf Tai (Cymru) 2014 (Cychwyn Rhif 7) 2016 art. 2(2)(t) Housing (Wales) Act 2014 Deddf Tai (Cymru) 2014 s. 42 The Housing (Wales) Act 2014 (Commencement No. 7) Order 2016 Gorchymyn Deddf Tai (Cymru) 2014 (Cychwyn Rhif 7) 2016 art. 2(2)(u) Housing (Wales) Act 2014 Deddf Tai (Cymru) 2014 s. 43 The Housing (Wales) Act 2014 (Commencement No. 7) Order 2016 Gorchymyn Deddf Tai (Cymru) 2014 (Cychwyn Rhif 7) 2016 art. 2(2)(v) Housing (Wales) Act 2014 Deddf Tai (Cymru) 2014 s. 44 The Housing (Wales) Act 2014 (Commencement No. 7) Order 2016 Gorchymyn Deddf Tai (Cymru) 2014 (Cychwyn Rhif 7) 2016 art. 2(2)(w) Housing (Wales) Act 2014 Deddf Tai (Cymru) 2014 s. 46 The Housing (Wales) Act 2014 (Commencement No. 7) Order 2016 Gorchymyn Deddf Tai (Cymru) 2014 (Cychwyn Rhif 7) 2016 art. 2(2)(x) Housing (Wales) Act 2014 Deddf Tai (Cymru) 2014 s. 75(3) The Housing (Wales) Act 2014 (Commencement No. 7) Order 2016 Gorchymyn Deddf Tai (Cymru) 2014 (Cychwyn Rhif 7) 2016 art. 2(3) Housing (Wales) Act 2014 Deddf Tai (Cymru) 2014 s. 129 The Housing (Wales) Act 2014 (Commencement No. 7) Order 2016 Gorchymyn Deddf Tai (Cymru) 2014 (Cychwyn Rhif 7) 2016 art. 2(4) Housing (Wales) Act 2014 Deddf Tai (Cymru) 2014 s. 131(1) (2) (3) s. 131(4)(a) (b) The Housing (Wales) Act 2014 (Commencement No. 7) Order 2016 Gorchymyn Deddf Tai (Cymru) 2014 (Cychwyn Rhif 7) 2016 art. 2(5) Housing (Wales) Act 2014 Deddf Tai (Cymru) 2014 s. 138 The Housing (Wales) Act 2014 (Commencement No. 7) Order 2016 Gorchymyn Deddf Tai (Cymru) 2014 (Cychwyn Rhif 7) 2016 art. 2(6) Housing (Wales) Act 2014 Deddf Tai (Cymru) 2014 s. 70(2)(d)(ii) Health and Care Act 2022 Sch. 1 para. 32(b) s. 186(6) reg. 2(a) Sch. reg. 13 29 30 Housing (Wales) Act 2014 Deddf Tai (Cymru) 2014 s. 70(2)(d)(ii) Health and Care Act 2022 Sch. 4 para. 226(2)(b) s. 186(6) reg. 2(a) Sch. reg. 13 29 30 Housing (Wales) Act 2014 Deddf Tai (Cymru) 2014 s. 70(3) Health and Care Act 2022 Sch. 4 para. 226(3)(b)(i) s. 186(6) reg. 2(a) Sch. reg. 13 29 30 Housing (Wales) Act 2014 Deddf Tai (Cymru) 2014 s. 70(3) Health and Care Act 2022 Sch. 4 para. 226(3)(b)(ii) s. 186(6) reg. 2(a) Sch. reg. 13 29 30 Housing (Wales) Act 2014 Deddf Tai (Cymru) 2014 s. 70(1)(j)(i) Sentencing Act 2020 Sch. 24 para. 307(2) Sch. 27 s. 416(1) reg. 2 Housing (Wales) Act 2014 Deddf Tai (Cymru) 2014 s. 99 Sentencing Act 2020 Sch. 24 para. 308(2) Sch. 27 s. 416(1) reg. 2 Housing (Wales) Act 2014 Deddf Tai (Cymru) 2014 Sch. 2 para. 1(6)(b) The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020 reg. 21(2)(b) reg. 1(2) Housing (Wales) Act 2014 Deddf Tai (Cymru) 2014 s. 41(2A) Renters’ Rights Act 2025 s. 45(3)(a) s. 138 s. 145(3) Housing (Wales) Act 2014 Deddf Tai (Cymru) 2014 s. 41(2A) Renters’ Rights Act 2025 s. 45(4)(a) s. 138 s. 145(3) Housing (Wales) Act 2014 Deddf Tai (Cymru) 2014 s. 128 Leasehold and Freehold Reform Act 2024 Sch. 11 para. 27 s. 124(3) Housing (Wales) Act 2014 2014 anaw 7 An Act of the National Assembly for Wales to provide for the regulation of private rented housing; to reform the law relating to homelessness; to provide for assessment of the accommodation needs of Gypsies and Travellers and to require local authorities to meet those needs; to make provision about the standards of housing provided by local authorities; to abolish housing revenue account subsidy; to allow fully mutual housing associations to grant assured tenancies; to make provision about council tax payable for empty dwellings; and for other housing purposes. [17 September 2014] Having been passed by the National Assembly for Wales and having received the assent of Her Majesty, it is enacted as follows: PART 1 REGULATION OF PRIVATE RENTED HOUSING Introduction Overview of this Part 1 1 This Part regulates— a the letting of dwellings under certain kinds of tenancy (which are defined as “domestic tenancies” in section 2), and b the management of dwellings subject to such tenancies, by means of a system of registration and licensing. 2 It requires landlords to be— a registered for each dwelling subject to, or marketed or offered for let under, a domestic tenancy in respect of which they are the landlord (section 4), subject to exceptions (section 5); b licensed to carry out certain kinds of lettings activities for dwellings marketed or offered for let under domestic tenancies (section 6), subject to exceptions (section 8); c licensed to carry out certain kinds of property management activities for dwellings subject to a domestic tenancy (section 7), subject to exceptions (section 8). 3 It requires persons acting on behalf of a landlord to be licensed to carry out— a lettings work in respect of a dwelling marketed or offered for let under a domestic tenancy (section 9); b property management work in respect of a dwelling subject to a domestic tenancy (section 11). 4 “ Lettings work ” and “ property management work ” are defined for the purposes of the Part in sections 10 and 12; the definitions exclude certain persons and activities from the licensing requirements imposed on persons acting on behalf of landlords. 5 The system of registration and licensing is to be administered and enforced by a person designated by the Welsh Ministers as the licensing authority for the whole of Wales or by different persons designated as licensing authorities for different areas within Wales (section 3); provision is also made for local housing authorities to exercise certain enforcement powers. 6 Sections 14 to 17 and Schedule 1 provide for a register to be established and maintained by the licensing authority and for registration generally. 7 Sections 18 to 27 provide for licences generally; and a a licensing authority may only grant two kinds of licence (one for landlords and the other for persons acting on behalf of landlords) and licences have effect in respect of the area for which a licensing authority is responsible (section 18); b in order to be licensed a person must meet certain criteria, including being a fit and proper person (section 20) and requirements relating to training (see section 19). 8 The requirements imposed by this Part are enforced by— a offences for contravention of registration and licensing requirements (see sections referred to in subsections (2) and (3) and sections 16(3), 23(3), 38(1) and (4) and 39(1) and (2)); b fixed penalty notices (section 29); c rent stopping orders (sections 30 and 31); d rent repayment orders (sections 32 and 33). 9 Sections 36 to 39 make provision about information required or given for the purposes of this Part. 10 Section 40 provides for the Welsh Ministers to issue a code of practice and provision is made for guidance (section 41) and directions (section 42). 11 Sections 43 to 48 make supplementary provision. 12 Section 49 makes further provision about interpretation and indexes the defined terms used in this Part. Meaning of key terms 2 1 In this Part— “ domestic tenancy ” (“ tenantiaeth ddomestig ”) means— a tenancy which is an occupation contract, except where the occupation contract— is a supported standard contact, or is also a long lease for the purposes of Chapter 1 of Part 1 of the Leasehold Reform, Housing and Urban Development Act 1993 (c. 28) (“ the 1993 Act ”) or, in the case of a shared ownership lease (within the meaning given by section 7(7) of the 1993 Act), would be such a lease if the tenant’s share (within the meaning given by that section) were 100 per cent; a regulated tenancy for the purposes of the Rent Act 1977, or a tenancy under which a dwelling is let as a separate dwelling and which is of a description specified for the purposes of this Part in an order made by the Welsh Ministers; “ dwelling ” (“ annedd ”) means a building or part of a building occupied or intended to be occupied as a separate dwelling, together with any yard, garden, outhouses and appurtenances belonging to it or usually enjoyed with it, where the whole of the dwelling is in Wales; “ landlord ” (“ landlord ”) means— in relation to a dwelling subject to a domestic tenancy, the immediate landlord or, in relation to a statutory tenant, the person who, apart from the statutory tenancy, would be entitled to possession of the dwelling subject to the tenancy, and in relation to a dwelling that is not subject to a domestic tenancy, the person who would be the immediate landlord if the dwelling were let under a domestic tenancy; “ rental property ” (“ eiddo ar rent ”) means a dwelling subject to, or marketed or offered for let under, a domestic tenancy. 2 In this section, “statutory tenant” and “statutory tenancy” mean a statutory tenant or statutory tenancy within the meaning of the Rent Act 1977. Licensing authority 3 1 For the purposes of this Part, the Welsh Ministers must by order— a designate one person as the licensing authority for the whole of Wales, or b designate different persons as licensing authorities for different areas of Wales specified in the order, provided that each area has no more than one licensing authority and that all of the areas taken together comprise the whole of Wales. 2 The Welsh Ministers— a may only designate a person who exercises functions of a public nature wholly or mainly in relation to Wales; b may designate themselves; c may not designate a Minister of the Crown. 3 The Welsh Ministers may by order make any provision they consider necessary or expedient in connection with the designation of a person under this section. 4 Before making an order under subsection, the Welsh Ministers must consult any person whom they propose to designate (except themselves) and such other persons as the Welsh Ministers consider appropriate. Prohibition of letting and management without registration and licence Requirement for a landlord to be registered 4 1 The landlord of a dwelling subject to, or marketed or offered for let under, a domestic tenancy must be registered under this Part in respect of the dwelling (see sections 14 to 17), unless an exception in section 5 applies. 2 A landlord who contravenes subsection (1) commits an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale. 3 In proceedings against a landlord for an offence under subsection (2) it is a defence that the landlord has a reasonable excuse for not being registered. Exceptions to the requirement for a landlord to be registered 5 1 The requirement in section 4(1) does not apply— a if the landlord has applied to the licensing authority to be registered in relation to that dwelling and the application has not been determined; b for a period of 28 days beginning with the date the landlord's interest in the dwelling is assigned to the landlord; c if the landlord takes steps to recover possession of the dwelling within a period of 28 days beginning with the date the landlord's interest in the dwelling is assigned to the landlord, for so long as the landlord continues to diligently pursue the recovery of possession; d to a landlord falling within the definition of community landlord (whether or not the landlord is the landlord under an occupation contract); e to a landlord who is a fully mutual housing association; f to a person of a description specified for the purposes of this section in an order made by the Welsh Ministers. Requirement for landlords to be licensed to carry out lettings activities 6 1 The landlord of a dwelling marketed or offered for let under a domestic tenancy must not do any of the things described in subsection (2) in respect of the dwelling unless— a the landlord is licensed to do so under this Part for the area in which the dwelling is located, b the thing done is arranging for an authorised agent to do something on the landlord's behalf, or c an exception in section 8 applies. 2 The things are— a arranging or conducting viewings with prospective tenants; b gathering evidence for the purpose of establishing the suitability of prospective tenants (for example, by confirming character references, undertaking credit checks or interviewing a prospective tenant); c preparing, or arranging the preparation, of a tenancy agreement; d preparing, or arranging the preparation, of an inventory for the dwelling or schedule of condition for the dwelling. 3 The Welsh Ministers may by order— a amend or omit the descriptions of things in subsection (2) (including things added under paragraph (b)); b add further descriptions of things to subsection (2). 4 A landlord who contravenes subsection (1) commits an offence and is liable on summary conviction to a fine. 5 In proceedings against a landlord for an offence under subsection (4) it is a defence that the landlord has a reasonable excuse for not being licensed. 6 In subsection (1) “ authorised agent ” means— a a person licensed to carry out lettings work and property management work under this Part for the area in which the dwelling is located, b a local housing authority (whether or not in exercise of its functions as a local housing authority), or c in relation to preparing, or arranging the preparation of a tenancy agreement only, a qualified solicitor (within the meaning of Part 1 of the Solicitors Act 1974), a person acting on behalf of such a solicitor or any person of a description specified in an order made by the Welsh Ministers. Requirement for landlords to be licensed to carry out property management activities 7 1 The landlord of a dwelling subject to a domestic tenancy must not do any of the things described in subsection (2) in respect of the dwelling unless— a the landlord is licensed to do so under this Part for the area in which the dwelling is located, b the thing done is arranging for an authorised agent to do something on the landlord's behalf, or c an exception in section 8 applies. 2 The things are— a collecting rent; b being the principal point of contact for the tenant in relation to matters arising under the tenancy; c making arrangements with a person to carry out repairs or maintenance; d making arrangements with a tenant or occupier of the dwelling to secure access to the dwelling for any purpose; e checking the contents or condition of the dwelling, or arranging for them to be checked; f serving notice to terminate a tenancy. 3 The landlord of a dwelling that was subject to a domestic tenancy, but is no longer subject to that domestic tenancy, must not check the contents or condition of the dwelling, or arrange for them to be checked, for any purpose connected with that tenancy unless— a the landlord is licensed to do so under this Part for the area in which the dwelling is located, b the thing done is arranging for an authorised agent to do it on the landlord's behalf, or c an exception in section 8 applies. 4 The Welsh Ministers may by order— a amend or omit the descriptions of things in subsection (2) or (3) (including things added under paragraph (b)) that a landlord must not do unless any of paragraphs (a) to (c) of subsection (1) or (3) applies (as the case may be); b add further descriptions of things for the purposes of this section (including by way of amendment to this Part). 5 A landlord who contravenes subsection (1) or (3) commits an offence and is liable on summary conviction to a fine. 6 In proceedings against a landlord for an offence under subsection (5) it is a defence that the landlord has a reasonable excuse for not being licensed. 7 In subsection (1) “ authorised agent ” means— a a person licensed to carry out lettings work and property management work under this Part for the area in which the dwelling is located, b a local housing authority (whether or not in exercise of its functions as a local housing authority), or c in relation to serving notice to terminate a tenancy only, a qualified solicitor (within the meaning of Part 1 of the Solicitors Act 1974), a person acting on behalf of such a solicitor or any person of a description specified in an order made by the Welsh Ministers. Exceptions to requirements for landlords to be licensed 8 1 The requirements in sections 6(1), 7(1) and 7(3) do not apply— a if the landlord has applied to the licensing authority to be licensed, for the period from the date of the application until it is determined by the authority or (if the authority refuses the application) until all means of appealing against a decision to refuse an application have been exhausted and the decision is upheld; b for a period of 28 days beginning with the date the landlord's interest in the dwelling is assigned to the landlord; c if the landlord takes steps to recover possession of the dwelling within a period of 28 days beginning with the date the landlord's interest in the dwelling is assigned to the landlord, for so long as the landlord continues to diligently pursue the recovery of possession; d to a landlord falling within the definition of community landlord (whether or not the landlord is the landlord under an occupation contract); e to a landlord who is a fully mutual housing association; f in cases specified for the purposes of this section in an order made by the Welsh Ministers. Requirement for agents to be licensed to carry out lettings work 9 1 A person acting on behalf of the landlord of a dwelling marketed or offered for let under a domestic tenancy must not carry out lettings work in respect of the dwelling unless the person is licensed to do so under this Part for the area in which the dwelling is located. 2 A person who contravenes this section commits an offence and is liable on summary conviction to a fine. 3 In proceedings against a person for an offence committed under subsection (2) it is a defence that the person has a reasonable excuse for not being licensed. Meaning of lettings work 10 1 In this Part “ lettings work ” means things done by any person in response to instructions received from— a a person seeking to find another person wishing to rent a dwelling under a domestic tenancy and, having found such a person, to grant such a tenancy (“a prospective landlord”); b a person seeking to find a dwelling to rent under a domestic tenancy and, having found such a dwelling, to obtain such a tenancy of it (“a prospective tenant”); subject to the following subsections. 2 “ Lettings work ” does not include anything in the following paragraphs (a) or (b)— a publishing advertisements or disseminating information; b providing a means by which— i a prospective landlord (or the prospective landlord's agent) or a prospective tenant can, in response to an advertisement or dissemination of information, make direct contact with a prospective tenant or (as the case may be) prospective landlord (or the prospective landlord's agent); ii a prospective landlord (or the prospective landlord's agent) and a prospective tenant can continue to communicate directly with each other; when done by a person who— c does no other thing within subsection (1), and d does no property management work in respect of the property. 3 “ Lettings work ” does not include doing any one of the things in the following paragraphs (a) to (c)— a arranging and conducting viewings with prospective tenants; b preparing, or arranging the preparation of, the tenancy agreement; c preparing, or arranging the preparation of, any inventory or schedule of condition; when done by a person who— d does no other thing in those paragraphs or anything else within subsection (1), and e does nothing within section 12(1) in respect of the property. 4 “Lettings work” also does not include— a doing things under a contract of service or apprenticeship with a landlord; b doing things under a contract of service or apprenticeship, or a contract for services, with a person who is— i instructed to carry out the work by a landlord, and ii licensed to do so under this Part; c anything done by a local housing authority (whether or not in exercise of its functions as a local housing authority); d things of a description, or things done by a person of a description, specified for the purposes of this section in an order made by the Welsh Ministers. Requirement for agents to be licensed to carry out property management work 11 1 A person acting on behalf of the landlord of a dwelling subject to a domestic tenancy must not carry out property management work in respect of the dwelling unless the person is licensed to do so under this Part for the area in which the dwelling is located. 2 Where a dwelling was subject to a domestic tenancy, but is no longer subject to that domestic tenancy, a person acting on behalf of the landlord of the dwelling must not check the contents or condition of the dwelling, or arrange for them to be checked, for any purpose connected with that tenancy unless— a the person is licensed to do so under this Part for the area in which the dwelling is located, b the person does no other thing in respect of the dwelling falling within— i section 10(1), except preparing, or arranging the preparation of, any inventory or schedule of condition, or ii section 12(1), or c the activity would not, by virtue of section 12(3), be property management work. 3 A person who contravenes subsection (1) or (2) commits an offence and is liable on summary conviction to a fine. 4 In proceedings against a person for an offence committed under subsection (3) it is a defence that the person has a reasonable excuse for not being licensed. Meaning of property management work 12 1 In this Part, “ property management work ” means doing any of the following things— a collecting rent; b being the principal point of contact for the tenant in relation to matters arising under the tenancy; c making arrangements with a person to carry out repairs or maintenance; d making arrangements with a tenant or occupier of the dwelling to secure access to the dwelling for any purpose; e checking the contents or condition of the dwelling, or arranging for them to be checked; f serving notice to terminate a tenancy. 2 But “ property management work ” does not include doing any one of the things in paragraphs (b) to (f) of subsection (1) when done by a person who— a does no other thing within subsection (1), and b does nothing within section 10(1) in respect of the dwelling. 3 “Property management work” also does not include— a doing things under a contract of service or apprenticeship with a landlord; b doing things under a contract of service or apprenticeship, or a contract for services, with a person who is— i instructed to carry out the work by a landlord, and ii licensed to do so under this Part; c anything done by a local housing authority (whether or not in exercise of its functions as a local housing authority); d things of a description, or things done by a person of a description, specified for the purposes of this section in an order made by the Welsh Ministers. Offence of appointing an unlicensed agent 13 1 The landlord of a dwelling marketed or offered for let under a domestic tenancy must not appoint or continue to allow a person to undertake lettings work on behalf of the landlord in relation to that dwelling, if— a the person does not hold a licence to do so under this Part for the area in which the dwelling is located, and b the landlord knows or should know that the person does not hold such a licence. 2 The landlord of a dwelling subject to a domestic tenancy must not appoint or continue to allow a person to undertake property management work on behalf of the landlord in relation to that dwelling, if— a the person does not hold a licence to do so under this Part for the area in which the dwelling is located, and b the landlord knows or should know that the person does not hold such a licence. 3 A landlord who contravenes subsection (1) or (2) commits an offence and is liable on summary conviction to a fine not exceeding level 4 on the standard scale. Registration Duty to maintain register in relation to rental properties 14 1 A licensing authority must establish and maintain a register for its area containing the information set out in Part 1 of Schedule 1. 2 Part 2 of Schedule 1 contains provision relating to public access to information held on the register. 3 The Welsh Ministers may amend Schedule 1 by order. Registration by a licensing authority 15 1 An application for registration is to be made to the licensing authority for the area in which the dwelling to which the application relates is located; and the authority must register the landlord within the prescribed period if the application— a is made in the form required by the authority, b includes such information as is prescribed, c includes such other information as the authority requires, and d is accompanied by the prescribed fee. 2 If the landlord is registered, the licensing authority must notify the landlord— a that the landlord is registered, and b of the registration number assigned to the landlord. 3 On the first occasion a landlord is registered a licensing authority must assign a registration number to the landlord. 4 A licensing authority may charge the landlord a further prescribed fee for continued registration— a after the fifth anniversary of the date the landlord was registered, and b after every fifth anniversary of the date a further prescribed fee was charged. Duty to update information 16 1 A landlord who is registered under section 15 in relation to a rental property must notify the licensing authority in writing of the following changes— a any change in the name under which the landlord is registered; b the appointment of a person to carry out lettings work or property management work on behalf of the landlord in respect of the rental property; c that a person who the landlord has previously appointed to carry out lettings work or property management work on behalf of the landlord in respect of the rental property has ceased to do so; d any assignment of the landlord's interest in the rental property; e any prescribed changes. 2 A landlord must comply with the duty in subsection (1) within 28 days beginning with the first day on which the landlord knew, or should have known, of the change. 3 A person who contravenes subsection (1) commits an offence and is liable on summary conviction to a fine not exceeding level 1 on the standard scale. 4 In proceedings against a person for an offence committed under subsection (3) it is a defence that the person had a reasonable excuse for failing to comply. Revocation of registration 17 1 A licensing authority may revoke the registration of any landlord who— a provides false or misleading information in an application under section 15 or in notifying a change under section 16; b contravenes section 16; c fails to pay any further fee charged under section 15. 2 Before revoking a landlord's registration a licensing authority must— a notify the landlord of its intention to revoke the registration and the reasons for this, and b consider any representations made by the landlord before the end of the period of 21 days beginning with the date the landlord was notified. 3 After revoking a landlord's registration a licensing authority must notify the landlord— a of the revocation and the reasons for doing so; b of the landlord's right of appeal. 4 A person whose registration is revoked may appeal against the decision to a residential property tribunal. 5 An appeal— a must be made before the end of the period of 28 days beginning with the date on which the person was notified of the decision (the “appeal period”); b may be determined having regard to matters of which the licensing authority was unaware. 6 The tribunal may allow an appeal to be made to it after the end of the appeal period if it is satisfied that there is a good reason for the failure to appeal before the end of that period (and for any delay in applying for permission to appeal out of time). 7 The tribunal may confirm the decision of the licensing authority or direct the authority to register the landlord. 8 Revocation of a landlord's registration takes effect on the day whichever of the following first occurs— a where the landlord does not appeal against the decision to revoke the registration within the appeal period, the expiry of that period; b where the landlord appeals within the appeal period but later withdraws the appeal, the date of the withdrawal; c where the landlord appeals within the appeal period and the residential property tribunal confirms the decision of the licensing authority, subject to paragraph (d), the date of the tribunal's decision; d where the landlord makes a further appeal, the date on which all means of appealing against the decision have been exhausted and the licensing authority's decision is upheld. 9 Where a landlord's registration is revoked, the licensing authority must— a notify any person recorded on the register as having been appointed by the landlord to carry out lettings work or property management work on behalf of the landlord, and b notify the tenants or occupiers of rental properties registered under the landlord's name. Licensing Licences that may be granted 18 A licensing authority may only grant the following kinds of licence under this Part— a a licence for its area for the purpose of compliance with sections 6 (requirement for landlords to be licensed to carry out lettings activities) and 7 (requirement for landlords to be licensed to carry out property management activities); b a licence for its area for the purpose of compliance with sections 9 (requirement for agents to be licensed to carry out lettings work) and 11 (requirement for agents to be licensed to carry out property management work). Licence application requirements 19 1 An application for a licence must— a be made in such form as is required by the licensing authority, b provide such information as is prescribed, c provide such other information as the authority requires, and d be accompanied by the prescribed fee. 2 Before granting a licence a licensing authority must be satisfied— a that the applicant is a fit and proper person to be licensed (see section 20); b that requirements in relation to training specified in or under regulations made by the Welsh Ministers are met or will be met (as the case may be). 3 Regulations made under subsection (2)(b) may (among other things)— a authorise a licensing authority to specify requirements in relation to training in respect of— i the statutory obligations of a landlord and a tenant; ii the contractual relationship between a landlord and a tenant; iii the role of an agent who carries out lettings work or property management work; iv best practice in letting and managing dwellings subject to, or marketed or offered for let under, a domestic tenancy; b make provision for and in connection with requiring training— i to be carried out by persons authorised to do so by the licensing authority or the Welsh Ministers; ii to be delivered through training courses approved by the licensing authority or the Welsh Ministers; this includes the power to make provision for charging fees for authorisation or approval. Fit and proper person requirement 20 1 In deciding whether a person is a fit and proper person to be licensed as required by section 19(2)(a), a licensing authority must have regard to all matters it considers appropriate. 2 Among the matters to which the licensing authority must have regard is any evidence within subsections (3) to (5). 3 Evidence is within this subsection if it shows that the person has— a committed any offence involving fraud or other dishonesty, violence, firearms or drugs or any offence listed in Schedule 3 to the Sexual Offences Act 2003 (offences attracting notification requirements), b practised unlawful discrimination or harassment on the grounds of any characteristic which is a protected characteristic under section 4 of the Equality Act 2010, or victimised another person contrary to that Act, in or in connection with the carrying on of any business, or c contravened any provision of the law relating to housing or landlord and tenant. 4 Evidence is within this subsection if— a it shows that any other person associated or formerly associated with the person (whether on a personal, work or other basis) has done any of the things set out in subsection (3), and b it appears to the licensing authority that the evidence is relevant to the question whether the person is a fit and proper person to be licensed. 5 Evidence is within this subsection if it shows the person has previously failed to comply with a condition of a licence granted under this Part by a licensing authority. 6 The Welsh Ministers must give guidance to licensing authorities about deciding whether a person is a fit and proper person to be licensed as required by section 19(2)(a). 7 The Welsh Ministers may amend this section by order to vary the evidence to which a licensing authority must have regard in deciding whether a person is a fit and proper person to be licensed. Determination of application 21 1 Where a licensing authority is satisfied that the applicant meets the requirements set out in section 19, it must grant a licence to the applicant. 2 After granting the licence the licensing authority must— a assign a licence number to the licence holder; b record the licence number in the licence; c record the date the licence was granted in the licence; d give the licence to the licence holder. 3 Where a licensing authority refuses an application, it must notify the applicant— a that the application has been refused and the reasons why; b of the applicant's right to appeal (see section 27). 4 An application must be determined by the licensing authority within a prescribed period. Licence conditions 22 1 A licence must be granted subject to a condition that the licence holder complies with any code of practice issued by the Welsh Ministers under section 40. 2 A licensing authority may grant a licence subject to such further conditions as it considers appropriate. Duty to update information 23 1 A licence holder must notify the licensing authority in writing of the following changes— a any change in the name under which the licence holder is licensed; b any prescribed changes. 2 A licence holder must comply with the duty in subsection (1) within 28 days beginning with the first day on which the licence holder knew, or should have known, of the change. 3 A person who contravenes this section commits an offence and is liable on summary conviction to a fine not exceeding level 4 on the standard scale. 4 In proceedings against a person for an offence committed under subsection (3) it is a defence that the person had a reasonable excuse for failing to comply. Amendment of licence 24 1 A licensing authority may, in accordance with this section, amend any licence granted by it. 2 A licence may be amended to— a impose new conditions; b remove or change existing conditions (other than the requirement to comply with any code of practice issued by the Welsh Ministers). 3 But before deciding to amend a licence a licensing authority must— a notify the licence holder of its intention to amend the licence and the reasons for this, and b consider any representations made by the licence holder before the end of the period of 21 days beginning with the date the licence holder was notified. 4 Subsection (3)(b) does not apply to an amendment if— a the licence holder consents to it, or b the licensing authority considers that there are exceptional circumstances which mean that it needs to be made without delay. 5 After amending a licence the licensing authority must notify the licence holder of— a the amendment and the reasons for it; b except where the licence holder has consented to the amendment, information about the licence holder's right of appeal (see section 27). 6 An amendment to a licence takes effect on the day whichever of the following first occurs— a where the licence holder has consented, when the licensing authority notifies the licence holder under subsection (5); b where the licence holder does not appeal against the decision to amend the licence within the appeal period, the expiry of that period; c where the licence holder appeals within the appeal period but later withdraws the appeal, the date of the withdrawal; d where the licence holder appeals within the appeal period and the residential property tribunal confirms the decision of the licensing authority to amend the licence, subject to paragraph (e), the date of the tribunal's decision; e where the licence holder makes a further appeal, the date on which all means of appealing against the decision have been exhausted and the licensing authority's decision is upheld. 7 The “ appeal period ” for the purposes of subsection (6) is the period mentioned in section 27(3)(a) (licensing appeals). Revocation of licence 25 1 A licensing authority may revoke a licence if— a the licence holder has breached a condition of the licence; b the authority is no longer satisfied that the licence holder is a fit and proper person to hold a licence; c the licence holder has contravened section 23 (licence holder's duty to update information); d the licence holder and the licensing authority have agreed that the licence should be revoked. 2 But before revoking a licence a licensing authority must— a notify the licence holder of its intention to revoke the licence and the reasons for this, and b consider any representations made by the licence holder before the end of the period of 21 days beginning with the date the licence holder was notified. 3 Subsection (2)(b) does not apply— a if the licence holder consents to the revocation, or b where the licensing authority considers that there are exceptional circumstances which mean that it needs to be revoked without delay. 4 After revoking a licence the licensing authority must notify the licence holder— a of the revocation and the reasons for it; b of the licence holder's right of appeal (see section 27). 5 Revocation of a licence takes effect on the day whichever of the following first occurs— a the licence holder contacts the licensing authority consenting to the revocation; b where the licence holder does not appeal against the decision to revoke the licence within the appeal period, the expiry of that period; c where the licence holder appeals within the appeal period but later withdraws the appeal, the date of the withdrawal; d where the licence holder appeals within the appeal period and the residential property tribunal confirms the decision of the licensing authority to revoke the licence, subject to paragraph (e), the date of the tribunal's decision; e where the licence holder makes a further appeal, the date on which all means of appealing against the decision have been exhausted and the licensing authority's decision is upheld. 6 The “ appeal period ” for the purposes of subsection (5) is the period mentioned in section 27(3)(a) (licensing appeals). 7 Where a person's licence to carry out lettings work and property management work on behalf of a landlord is revoked, the licensing authority must notify any landlord recorded on its register as having appointed that person. 8 Where a landlord's licence is revoked, the licensing authority must notify the tenants or occupiers of rental property registered under the landlord's name. Expiry and renewal of licence 26 1 A licence expires at the end of a period of 5 years beginning with the date it was granted, unless the licence holder makes an application to renew the licence in accordance with subsection (2). 2 A licence holder may apply to renew the licence during the period of 84 days before the date the licence would otherwise expire. 3 Where an application is made to renew a licence in accordance with subsection (2) the licence does not expire until the application is decided and expires only if the application is refused. 4 An application for renewal of a licence is to be made and determined in accordance with sections 19 (licence application requirements) to 21 (determination of application). 5 But where a licensing authority renews a licence, the requirement in subsection (2)(a) of section 21 to assign a licence number to the licence holder does not apply. 6 If an application to renew a licence is refused, the existing licence expires on whichever of the following dates first occurs— a where the licence holder does not appeal against the refusal within the appeal period, the date of expiry of that period; b where the licence holder appeals within the appeal period but later withdraws the appeal, the date of the withdrawal; c where the licence holder appeals within the appeal period and the residential property tribunal confirms the decision of the licensing authority, the date of the tribunal's decision (subject to paragraph (d)); d where the licence holder makes a further appeal, the date on which all means of appealing against the decision have been exhausted and the licensing authority's decision is upheld. 7 The “ appeal period ” for the purposes of subsection (6) is the period mentioned in section 27(3)(a) (licensing appeals). 8 A licence expires and any renewal application made by the licence holder is treated as having been withdrawn where a licence holder— a dies; b in the case of a body corporate, is dissolved. Licensing appeals 27 1 An applicant for a licence or, as the case may be, the holder of a licence may appeal against the decisions of a licensing authority listed in subsection (2) to a residential property tribunal. 2 The decisions are— a granting a licence subject to a condition, other than the requirement to comply with any code of practice issued by the Welsh Ministers; b refusing an application for a licence; c amending a licence; d revoking a licence. 3 An appeal— a must be made before the end of the period of 28 days beginning with the date the applicant was notified of the decision (the “appeal period”); b may be determined having regard to matters of which the licensing authority was unaware. 4 The tribunal may allow an appeal to be made to it after the end of the appeal period if it is satisfied that there is a good reason for the failure to appeal before the end of that period (and for any delay in applying for permission to appeal out of time). 5 The tribunal may confirm the decision of the licensing authority or alternatively— a in the case of a decision to grant a licence subject to a condition, direct the authority to grant a licence on such terms as the tribunal considers appropriate; b in the case of a decision to refuse an application for a licence, direct the authority to grant a licence on such terms as the tribunal considers appropriate; c in the case of a decision to amend a licence, direct the authority not to amend the licence or to amend the licence on such terms as the tribunal considers appropriate; d in the case of a decision to revoke a licence, to quash that decision. 6 A licence granted by a licensing authority following a direction of a tribunal under this section is to be treated as having been granted by the authority under section 21(1). Enforcement Prosecution by a licensing authority or a local housing authority 28 1 A licensing authority may bring criminal proceedings in respect of an offence under — a section 4(2), 6(4), 7(5), 9(2), 11(3) or 13(3) if the alleged offence arises in respect of a dwelling in the area for which it is the licensing authority; b section 16(3) or 23(3), in respect of information to be provided to the licensing authority; c subsection (1) or (4) of section 38, in respect of anything required by a notice given by a person authorised by the authority; d subsection (1) or (2) of section 39, in respect of information supplied to the authority. 2 A local housing authority that is not the licensing authority for its area may, with the consent of the licensing authority for the area, bring criminal proceedings in respect of an offence under section 4(2), 6(4), 7(5), 9(2), 11(3) or 13(3), if the alleged offence arises in respect of a dwelling in its area. 3 A licensing authority may give its consent under subsection (2) generally or in specific cases. 4 This section does not affect— a any other power of the person designated under section 3 to bring legal proceedings; b section 222 of the Local Government Act 1972 (power of local authorities to prosecute or defend legal proceedings). Fixed penalty notices 29 1 Where on any occasion a person authorised in writing for the purpose of this section by a licensing authority has reason to believe that a person has committed an offence under this Part (other than an offence under section 13(3) or section 38(4)), the authorised person may, by notice, offer the person the opportunity of discharging any liability to conviction for that offence by payment of a fixed penalty to the authority. 2 Where a person is given a notice under this section in respect of an offence— a no proceedings may be issued for that offence before the expiration of the period of 21 days following the date of the notice; b the person may not be convicted of the offence if the person pays the fixed penalty before the end of that period. 3 A notice under this section must— a give such particulars of the circumstances alleged to constitute the offence as are necessary for giving reasonable information of the offence, b state the period during which proceedings will not be taken for the offence, c state the amount of the fixed penalty, and d state the person to whom and the address at which the fixed penalty may be paid. 4 The fixed penalty payable to a licensing authority under this section is £150 unless the offence is an offence attracting an unlimited fine; in which case, the fixed penalty payable is £250. 5 The Welsh Ministers may amend subsection (4) by order. 6 Payment of a fixed penalty may be made by pre-paying and posting a letter containing the amount of the penalty (in cash or otherwise) to the person mentioned in subsection (3)(d) at the address so mentioned; but this does not prevent payment by another method. 7 Where a letter is posted in accordance with subsection (6) payment is to be regarded as having been made at the time at which the letter would be delivered in the ordinary course of post. 8 In any proceedings a certificate— a which purports to be signed on behalf of a person authorised for this purpose by the licensing authority, and b states that payment of a fixed penalty was or was not received by a date specified in the certificate, is evidence of the facts stated. 9 A licensing authority may use its fixed penalty receipts only for the purposes of its functions relating to the enforcement of this Part. 10 In this section, “ licensing authority ” means— a in the case of an offence under section 4(2), 6(4), 7(5), 9(2) or 11(3), the licensing authority for the area in which the dwelling to which the offence relates is located; b in the case of an offence under section 16(3) or 23(3), the licensing authority to which the information to which the offence relates was provided; c in the case of an offence under section 38(1), the licensing authority which authorised the person who gave the relevant notice; d in the case of an offence under section 39(1) or (2), the licensing authority to which the information was supplied. 11 A local housing authority that is not the licensing authority for its area may, with the consent of the licensing authority for the area, exercise the functions of the licensing authority under this section concurrently with the licensing authority; but only in respect of the offences mentioned in subsection (10)(a). 12 And where a local housing authority exercises functions under this section by virtue of subsection (11), the references in subsections (1), (4), (8), (9) and (10)(a) to “licensing authority” are to be read as if they were references to the local housing authority. Rent stopping orders 30 1 A residential property tribunal may, in accordance with this section, make an order (a “rent stopping order”) in relation to a dwelling subject to a domestic tenancy on an application made to it by— a the licensing authority for the area in which the dwelling is located, or b the local housing authority for the area in which the dwelling is located. 2 But a local housing authority may not make an application under subsection (1) without the consent of the licensing authority mentioned in paragraph (a) of that subsection (unless it is the licensing authority); and consent for that purpose may be given generally or in respect of a particular application. 3 Where the tribunal makes a rent stopping order— a periodical payments payable in connection with a domestic tenancy of the dwelling which relate to a period, or part of a period, falling between a date specified in the order (the “stopping date”) and a date specified by the tribunal when the order is revoked (see section 31(4)) are stopped, b an obligation under a domestic tenancy to pay an amount stopped by the order is treated as being met, c all other rights and obligations under such a tenancy continue unaffected, ca the amount of any compensation payable under section 87 of the Renting Homes (Wales) Act 2016 (anaw 1) (compensation for failures relating to provision of written statements etc.) is to be calculated as if the rent stopping order had not been made, d any periodical payments stopped by the order but made by a tenant of the dwelling (whether before or after the stopping date) must be repaid by the landlord, and e the authority which made the application for the order must give a copy of it to— i the landlord of the dwelling to which the order relates; ii the tenant of the dwelling. 4 The tribunal may make a rent stopping order only if it is satisfied of the matters mentioned in subsections (5) and (6). 5 The tribunal must be satisfied that an offence is being committed under section 7(5) or 13(3) in relation to the dwelling (whether or not a person has been convicted or charged for the offence). 6 The tribunal must be satisfied that— a the authority making the application for the order has given the landlord and the tenant of the dwelling a notice (a “notice of intended proceedings”)— i explaining that the authority is proposing to apply for a rent stopping order, ii setting out the reasons why it proposes to do so, iii explaining the effect of a rent stopping order, iv explaining how a rent stopping order may be revoked, and v in the case of a notice given to a landlord, inviting the landlord to make representations to the authority within a period of not less than 28 days specified in the notice, b the period for making representations has expired, and c the authority considered any representations made to it within that period by the landlord. 7 The tribunal may not specify a stopping date for the purpose of subsection (3)(a) which precedes the date on which the rent stopping order is made. 8 An amount payable by virtue of subsection (3)(d) which is not repaid is recoverable by the tenant as a debt due to the tenant from the landlord. 9 In subsection (5), the reference to an offence committed under section 13(3) does not include an offence committed in consequence of a contravention of subsection (1) of that section. Revocation of rent stopping orders 31 1 A residential property tribunal may, in accordance with this section, revoke a rent stopping order made in respect of a dwelling under section 30. 2 The tribunal may revoke an order only— a on an application by— i the licensing authority for the area in which the dwelling is located, ii the local housing authority for the area in which the dwelling is located, or iii the landlord of the dwelling, and b if it is satisfied that an offence under section 7(5) or 13(3) is no longer being committed in relation to the dwelling. 3 But a local housing authority may not make an application under subsection (2) without the consent of the licensing authority mentioned in paragraph (a)(i) of that subsection (unless it is the licensing authority); and consent for that purpose may be given generally or in respect of a particular application. 4 Where the tribunal revokes a rent stopping order, periodical payments in connection with a domestic tenancy of the dwelling become payable from a date specified by the tribunal (which may, if the tribunal considers it appropriate, be a date earlier than the date on which the order is revoked). 5 But revocation of a rent stopping order does not make a person liable to pay any periodical payments which, by virtue of the order, were stopped in respect of the period beginning with the stopping date (see section 30(3)(a)) and ending with the date specified by the tribunal when revoking the order. 6 If a rent stopping order is revoked following an application made under subsection (2)(a)(i) or (ii), the authority which made the application must notify the following persons that the order is revoked and of the effect of the revocation— a any tenant or occupier of the dwelling, and b the landlord of the dwelling. 7 Where revocation occurs following an application made by a landlord, the licensing authority for the area in which the dwelling is located must ensure that any tenant or occupier of the dwelling is notified that the order is revoked and of the effect of the revocation. 8 In subsection (2)(b)— a the reference to an offence section 7(5) does not include an offence committed in consequence of a contravention of subsection (3) of that section, and b the reference to an offence committed under 13(3) does not include an offence committed in consequence of a contravention of subsection (1) of that section. Rent repayment orders 32 1 A residential property tribunal may, in accordance with this section and section 33, make an order (a “rent repayment order”) in relation to a dwelling on an application made to it by— a the licensing authority for the area in which the dwelling is located, b the local housing authority for the area in which the dwelling is located, or c a tenant of the dwelling. 2 But a local housing authority may not make an application under subsection (1) without the consent of the licensing authority mentioned in paragraph (a) of that subsection (unless it is the licensing authority); and consent for that purpose may be given generally or in respect of a particular application. 3 A “rent repayment order” is an order made in relation to a dwelling which requires the appropriate person (see subsection (9)) to pay to the applicant such amount in respect of the relevant award or awards of universal credit or the housing benefit paid as mentioned in subsection (5)(b), or (as the case may be) the periodical payments paid as mentioned in subsection (7)(b), as is specified in the order. 4 The tribunal may make a rent repayment order only if it is satisfied— a where the applicant is the licensing authority or a local housing authority (as the case may be), of the matters mentioned in subsection (5); b where the applicant is a tenant, of the matters mentioned in subsection (7). 5 The tribunal must be satisfied— a that at any time within the period of 12 months ending with the date of the notice of intended proceedings required by subsection (6) an offence under section 7(5) or 13(3) has been committed in relation to the dwelling (whether or not a person has been charged or convicted for the offence); b that— i one or more relevant awards of universal credit have been paid (to any person), or ii housing benefit has been paid (to any person) in respect of periodical payments payable in connection with a domestic tenancy of the dwelling, during any period during which it appears to the tribunal that such an offence was being committed, and c the requirements of subsection (6) have been complied with in relation to the application. 6 Those requirements are— a that the authority making the application must have given the appropriate person a notice (a “notice of intended proceedings”)— i informing the person that the authority is proposing to make an application for a rent repayment order, ii setting out the reasons why it proposes to do so, iii stating the amount that it will seek to recover under that subsection and how that amount is calculated, and iv inviting the person to make representations to the authority within a period of not less than 28 days specified in the notice; b that period must have expired, and c that the authority must have considered any representations made to it within that period by the appropriate person. 7 The tribunal must be satisfied that— a a person has been convicted of an offence under section 7(5) or 13(3) in relation to the dwelling, or that a rent repayment order has required a person to make a payment in respect of— i one or more relevant awards of universal credit, or ii housing benefit paid in connection with a tenancy of the dwelling; b the tenant paid to the appropriate person (whether directly or otherwise) periodical payments in respect of the tenancy of the dwelling during any period during which it appears to the tribunal that such an offence was being committed in relation to the dwelling, and c the application is made within the period of 12 months beginning with— i the date of the conviction or order, or ii if such a conviction was followed by such an order (or vice versa), the date of the later of them. 8 In this section— a references to an offence under section 7(5) do not include an offence committed in consequence of a contravention of subsection (3) of that section, and b references to an offence committed under section 13(3) do not include an offence committed in consequence of a contravention of subsection (1) of that section. 9 In this section— “ appropriate person ” (“ person priodol ”), in relation to any payment of universal credit or housing benefit or periodical payment in connection with a domestic tenancy of a dwelling, means the person who at the time of the payment was entitled to receive, on that person's own account, periodical payments in connection with the tenancy; “ housing benefit ” (“ budd-dal tai ”) means housing benefit provided by virtue of a scheme under section 123 of the Social Security Contributions and Benefits Act 1992; “ relevant award of universal credit ” (“ dyfarniad perthnasol o gredyd cynhwysol ”) means an award of universal credit the calculation of which included an amount under section 11 of the Welfare Reform Act 2012, calculated in accordance with Schedule 4 to the Universal Credit Regulations 2013 (housing costs element for renters) ( SI 2013/376) or any corresponding provision replacing that Schedule, in respect of periodical payments in connection with a domestic tenancy of the dwelling; “ tenant ” (“ tenant ”), in relation to any periodical payment, means a person who was a tenant at the time of the payment (and “tenancy” has a corresponding meaning). 10 For the purposes of this section an amount which— a is not actually paid by a tenant but is used to discharge the whole or part of the tenant's liability in respect of a periodical payment (for example, by offsetting the amount against any such liability), and b is not an amount of universal credit or housing benefit, is to be regarded as an amount paid by the tenant in respect of that periodical payment. Rent repayment orders: further provision 33 1 Where, on an application by the licensing authority or a local housing authority (as the case may be) for a rent repayment order, the tribunal is satisfied— a that a person has been convicted of an offence under section 7(5) or 13(3) in relation to the dwelling to which the application relates, and b that— i one or more relevant awards of universal credit were paid (whether or not to the appropriate person), or ii housing benefit was paid (whether or not to the appropriate person) in respect of periodical payments payable in connection with a domestic tenancy of the dwelling during any period during which it appears to the tribunal that such an offence was being committed in relation to the dwelling in question, the tribunal must make a rent repayment order requiring the appropriate person to pay to the authority which made the application the amount mentioned in subsection (2); but this is subject to subsections (3), (4) and (8). 2 The amount is— a an amount equal to— i where one relevant award of universal credit was paid as mentioned in subsection (1)(b)(i), the amount included in the calculation of that award under section 11 of the Welfare Reform Act 2012, calculated in accordance with Schedule 4 to the Universal Credit Regulations 2013 (housing costs element for renters) (SI 2013/376) or any corresponding provision replacing that Schedule, or the amount of the award if less, or ii if more than one such award was paid as mentioned in subsection (1)(b)(i), the sum of the amounts included in the calculation of those awards as referred to in sub-paragraph (i), or the sum of the amounts of those awards if less, or b an amount equal to the total amount of housing benefit paid as mentioned in subsection (1)(b)(ii) (as the case may be). 3 If the total of the amounts received by the appropriate person in respect of periodical payments payable as mentioned in paragraph (b) of subsection (1) (“the rent total”) is less than the amount mentioned in subsection (2), the amount required to be paid by virtue of a rent repayment order made in accordance with subsection (1) is limited to the rent total. 4 A rent repayment order made in accordance with subsection (1) may not require the payment of any amount which the tribunal is satisfied that, by reason of any exceptional circumstances, it would be unreasonable for that person to be required to pay. 5 In a case where subsection (1) does not apply, the amount required to be paid by virtue of a rent repayment order is to be such amount as the tribunal considers reasonable in the circumstances; but this is subject to subsections (6) to (8). 6 In such a case, the tribunal must take into account the following matters— a the total amount of relevant payments paid in connection with a tenancy of the dwelling during any period during which it appears to the tribunal that an offence was being committed in relation to the dwelling under section 7(5) or 13(3); b the extent to which that total amount— i consisted of, or derived from, payments of relevant awards of universal credit or housing benefit, and ii was actually received by the appropriate person; c whether the appropriate person has at any time been convicted of an offence under section 7(5) or 13(3); d the conduct and financial circumstances of the appropriate person; and e where the application is made by a tenant, the conduct of the tenant. 7 In subsection (6) “ relevant payments ” means— a in relation to an application by the licensing authority or a local housing authority (as the case may be), payments of relevant awards of universal credit, housing benefit or periodical payments payable by tenants; b in relation to an application by a tenant, periodical payments payable by the tenant, less— i where one or more relevant awards of universal credit were payable during the period in question, the amount mentioned in subsection (2)(a) in respect of the award or awards that related to the tenancy during that period, or ii any amount of housing benefit payable in respect of the tenancy of the dwelling during the period in question. 8 A rent repayment order may not require the payment of any amount which— a where the application is made by the licensing authority or a local housing authority (as the case may be), is in respect of any time falling outside the period of 12 months ending with the date of the notice of intended proceedings given under section 32(6), or b where the application is made by a tenant, is in respect of any time falling outside the period of 12 months ending with the date of the tenant's application under section 32(1); and the period to be taken into account under subsection (6)(a) is restricted accordingly. 9 Any amount payable by virtue of a rent repayment order is recoverable as a debt due to the licensing authority, local housing authority or tenant (as the case may be) from the appropriate person. 10 And an amount payable to the licensing authority or a local housing authority by virtue of such an order does not, when recovered by it, constitute an amount of universal credit or housing benefit (as the case may be) recovered by the authority. 11 Subsections (8), (9) and (10) of section 32 apply for the purposes of this section as they apply for the purposes of section 32. Power for Welsh Ministers to make regulations in relation to sections 32 and 33 34 1 The Welsh Ministers may by regulations make such provision as they consider appropriate for supplementing the provisions of sections 32 and 33. 2 Regulations made under subsection (1) may, for example, make provision— a for securing that persons are not unfairly prejudiced by rent repayment orders (whether in cases where there have been over-payments of universal credit or housing benefit or otherwise); b requiring or authorising amounts received by the licensing authority or local housing authorities by virtue of rent repayment orders to be dealt with in such manner as is specified in the regulations. Offences by bodies corporate 35 1 Where an offence under this Part committed by a body corporate is proved to have been committed with the consent or connivance of, or is attributable to any neglect on the part of— a a director, manager, or secretary of the body corporate, or b a person purporting to act in such a capacity, that person as well as the body corporate commits the offence and is liable to be proceeded against and punished accordingly. 2 The reference to the director, manager or secretary of the body corporate includes a reference— a to any similar officer of the body; b where the body is a body corporate whose affairs are managed by its members, to any officer or member of the body. Information Requests for information from authorities and use of information by authorities 36 1 If a licensing authority requests that a local housing authority provides it with information to which subsection (2) applies and which it requires for the purpose of exercising its functions under this Part, the local housing authority must comply with the request unless the local housing authority considers that doing so would— a be incompatible with the local housing authority's own duties, or b otherwise have an adverse effect on the exercise of the local housing authority's functions. 2 This subsection applies to any information which has been obtained by a local housing authority in the exercise of its— a functions as the local housing authority; b functions under Part 1 of the Local Government Finance Act 1992 (council tax). 3 Information obtained by a local housing authority under section 134 of the Social Security Administration Act 1992 (housing benefit) before the repeal of that section by Schedule 14 to the Welfare Reform Act 2012 is to be treated as information to which subsection (2) applies. 4 If a licensing authority requests that another licensing authority provide it with information to which subsection (5) applies and which it requires for the purpose of exercising its functions under this Part, the other authority must comply with the request unless the other authority considers that doing so would— a be incompatible with its own duties, or b otherwise have an adverse effect on the exercise of its functions. 5 This subsection applies to any information which has been obtained by a licensing authority in the exercise of its functions under this Part. 6 A licensing authority may use any information to which subsection (2) or (5) applies (whether or not obtained under subsection (1) or (4)) for any purpose connected with the exercise of the authority's functions under this Part. 7 If a local housing authority requests that a licensing authority provide it with information to which subsection (5) applies and which it requires for the purpose of exercising its functions under this Part, the licensing authority must comply with the request unless the licensing authority considers that doing so would— a be incompatible with its own duties, or b otherwise have an adverse effect on the exercise of its functions. 8 A local housing authority may use any information to which subsection (2) or (5) applies (whether or not obtained under (7)) for any purpose connected with the exercise of the authority's functions under this Part. Power to require documents to be produced or information given 37 1 A person authorised in writing by a licensing authority may exercise the powers conferred by subsections (2) and (3) in relation to documents or information (as the case may be) reasonably required by the authority— a for any purpose connected with the exercise of any of the authority's functions under this Part, or b for the purpose of investigating whether any offence has been committed under this Part. 2 A person authorised under subsection (1) may give a notice to a relevant person requiring that person— a to produce any documents which— i are specified or described in the notice, or fall within a category of document which is specified or described in the notice, and ii are in the person's custody or under the person's control, and b to produce them at a time and place, and to a person, specified in the notice. 3 A person authorised under subsection (1) may give a notice to a relevant person requiring that person— a to give any information which— i is specified or described in the notice, or falls within a category of information which is specified or described in the notice, and ii is known to the person, and b to give it in a form and manner specified in the notice. 4 The notice under subsection (2) or (3) must include information about the possible consequences of not complying with the notice. 5 The person to whom any document is produced in accordance with a notice under subsection (2) or (3) may copy the document. 6 No person may be required under this section to produce any document or give any information which the person would be entitled to refuse to provide in proceedings in the High Court on grounds of legal professional privilege. 7 In this section “ document ” includes information recorded otherwise than in legible form, and in relation to information so recorded, any reference to the production of a document is a reference to the production of a copy of the information in legible form. 8 In this section “ relevant person ” means a person within any of the following paragraphs— a a person who applies for a licence under this Part or who is the holder of a licence under this Part; b a person who has an estate or interest in rental property; c a person who is, or is proposing to be, involved in the letting or management of a rental property; d a person who occupies a rental property. Enforcement of powers to obtain information 38 1 A person who fails to do anything required of that person by a notice under section 37 commits an offence. 2 In proceedings against a person for an offence under subsection (1) it is a defence that the person had a reasonable excuse for failing to comply with the notice. 3 A person who commits an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 4 on the standard scale. 4 A person who intentionally alters, suppresses or destroys any document which the person has been required to produce by a notice under section 37 commits an offence. 5 A person who commits an offence under subsection (4) is liable on summary conviction to a fine. 6 In this section “ document ” includes information recorded otherwise than in legible form, and in relation to information so recorded— a the reference to the production of a document is a reference to the production of a copy of the information in legible form, and b the reference to suppressing a document includes a reference to destroying the means of reproducing the information. False or misleading information 39 1 A person who— a supplies any information to a licensing authority in connection with any of its functions under this Part which is false or misleading, and b knows that it is false or misleading or is reckless as to whether it is false or misleading, commits an offence. 2 A person who— a supplies any information to another person which is false or misleading, b knows that it is false or misleading or is reckless as to whether it is false or misleading, and c knows that the information is to be used for the purpose of supplying information to a licensing authority in connection with any of its functions under this Part, commits an offence. 3 A person who commits an offence under subsection (1) or (2) is liable on summary conviction to a fine. 4 In this section “ false or misleading ” means false or misleading in any material respect. Powers of the Welsh Ministers Code of practice 40 1 The Welsh Ministers must issue a code of practice setting standards relating to letting and managing rental properties. 2 Standards under subsection (1) may (among other things) be set in relation to training. 3 The Welsh Ministers may— a issue a code of practice which, in part or in whole, applies only to specified persons or cases, or applies differently to different persons or cases; b amend or withdraw a code issued. 4 Before issuing or amending a code of practice the Welsh Ministers must take reasonable steps to consult— a persons involved in letting and managing rental properties and persons occupying rental properties under a tenancy, or b persons whom the Welsh Ministers consider to represent the interests of the persons mentioned in paragraph (a), on a draft of the code or a draft of an amended code (“the proposed code”). 5 If the Welsh Ministers wish to proceed with the proposed code (with or without modifications) they must lay a copy before the National Assembly for Wales. 6 The Welsh Ministers must not issue the proposed code in the form of that draft unless it is approved by resolution of the National Assembly for Wales. 7 Once approved the code or amended code comes into force on the date appointed by order of the Welsh Ministers. 8 The Welsh Ministers may withdraw a code made under this section in an amended code or by direction. 9 A code approved by the National Assembly for Wales may not be withdrawn unless a proposal to that effect is approved by resolution of the National Assembly. 10 The Welsh Ministers must publish each code or amended code issued under this section. Guidance 41 1 In exercising its functions under this Part, a licensing authority must have regard to any guidance given by the Welsh Ministers. 2 In exercising functions under this Part other than as a licensing authority, a local housing authority must have regard to any guidance given by the Welsh Ministers. 2A Guidance given to a licensing authority may (among other things) include provision about matters to be taken into account by a licensing authority in deciding whether a failure to repay the amount of any prohibited payment or holding deposit (within the meaning of the Renting Homes (Fees etc.) (Wales) Act 2019) affects a person's fitness to be licensed under this Part. 3 The Welsh Ministers may— a give guidance under this Part generally or to authorities of a specified description; b revise guidance given under this Part by giving further guidance; c revoke guidance given under this Part by giving further guidance or by notice. 4 The Welsh Ministers must publish any guidance under this Part or notice under this section. 5 Before giving, revising or revoking guidance under this Part, the Welsh Ministers must consult such persons as the Welsh Ministers consider appropriate. 6 Consultation undertaken before the coming into force this section may satisfy the requirement in subsection (5). Directions 42 1 In exercising its functions under this Part, a licensing authority must comply with any directions given by the Welsh Ministers. 2 In exercising functions under this Part other than as a licensing authority, a local housing authority must comply with any directions given by the Welsh Ministers. 3 A direction under subsection (2) may be given generally or to authorities of a specified description. 4 A direction given under this section— a may be varied or revoked by a subsequent direction; b must be published. Supplementary Crown Application: Part 1 42A Part 1 of this Act does not bind the Crown. Activity in contravention of this Part: effect on tenancy agreements 43 1 No rule of law relating to the validity or enforceability of contracts in circumstances involving illegality is to affect the validity or enforceability of any provision of a domestic tenancy of a dwelling in respect of which a contravention of this Part has occurred. 2 But periodical payments— a payable in connection with such a tenancy may be stopped in accordance with section 30 (rent stopping orders), and b paid in connection with such a tenancy may be recovered in accordance with sections 32 and 33 (rent repayment orders). Restriction on terminating tenancies 44 1 A notice within subsection (1A) may not be given in relation to a dwelling subject to a domestic tenancy which is a standard occupation contract if— a the landlord is not registered in respect of the dwelling, or b the landlord is not licensed under this Part for the area in which the dwelling is located and the landlord has not appointed a person who is licensed under this Part to carry out all property management work in respect of the dwelling on the landlord's behalf. 1A A notice is within this subsection, if it is a notice— a given under section 173(1) of the Renting Homes (Wales) Act 2016 (anaw 1) (landlord’s notice); b given under section 186(1) of that Act (landlord’s notice in connection with end of term); c as described in section 194(1) of that Act (landlord’s break clause); d given under paragraph 25B of Schedule 12 to that Act (landlord’s notice to terminate a converted fixed term standard contract). 2 Subsection (1) does not apply for the period of 28 days beginning with the day on which the landlord's interest in the dwelling is assigned to the landlord. 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Landlords who are trustees 45 If trustees constitute a landlord, the landlord may be registered or licensed for the purposes of this Part under a name which is a collective description of the trustees as the trustees of the trust in question. Regulations about fees 46 1 Regulations made under this Part which prescribe the amount of a fee payable by a person in connection with applications to be registered or licensed may provide that the fee is to be— a an amount stated in the regulations; b determined by a person or means specified in the regulations. 2 Such regulations may prescribe a different fee for different persons. Information about applications 47 A licensing authority must publish information about its requirements relating to— a the form and content of applications to be registered and licensed; b information to be provided when making applications. Giving notification etc. under this Part 48 1 This section applies where a provision of this Part requires or authorises (in whatever terms) a relevant person to— a notify a person of something, or b give a document to a person (including a notice or a copy of a document). 2 The notification or document may be given to the person in question— a by delivering it to the person, b by sending it by post to the person's proper address, c by leaving it at the person's proper address, or d if the conditions in subsection (4) are met, by sending it electronically. 3 The notification or document may be given to a body corporate by being given to the secretary or clerk of that body. 4 A relevant person may send a notification or document to a person electronically only if the following requirements are met— a the person to whom the notification or document is to be given must have— i indicated to the relevant person a willingness to receive the notification or document electronically, and ii provided the relevant person with an address suitable for that purpose, and b the relevant person must send the notification or document to that address. 5 For the purposes of this section and section 7 of the Interpretation Act 1978 (references to service by post) in its application to this section, the proper address of a person is— a in the case of a body corporate, the address of the registered or principal office of the body; b in any other case, the last known address of the person. 6 A notification or document given to a person by leaving it at the person's proper address is to be treated for the purposes of this Part as having been given at the time at which it was left at that address. 7 Each of the following is a “ relevant person ” for the purposes of this section— a a licensing authority; b a local housing authority exercising functions under this Part other than as a licensing authority; c a person who, by virtue of a written authorisation, exercises functions under this Part on behalf of a licensing authority or a local housing authority of the kind mentioned in paragraph (b). General Interpretation of this Part and index of defined terms 49 1 In this Part— “ community landlord ” (“ landlord cymunedol ”) has the meaning given by section 9 of the Renting Homes (Wales) Act 2016 (anaw 1) ; “ domestic tenancy ” (“ tenantiaeth ddomestig ”) has the meaning given by section 2; “ dwelling ” (“ annedd ”) has the meaning given by section 2; “ fully mutual housing association ” (“ cymdeithas dai cwbl gydfuddiannol ”) has the meaning given by section 1(2) of the Housing Association Act 1985; “ landlord ” (“ landlord ”) has the meaning given by section 2; “ lettings work ” (“ gwaith gosod ”) has the meaning given by section 10; “ licensing authority ” (“ awdurdod trwyddedu ”) means a person designated by order under section 3; “ occupation contract ” (“ contract meddiannaeth ”) has the meaning given by section 7 of the Renting Homes (Wales) Act 2016; “ periodical payments ” (“ taliadau cyfnodol ”) means payments by way of rent or service charge; “ prescribed ” (“ rhagnodedig ”) means prescribed in regulations made by the Welsh Ministers; “ property management work ” (“ gwaith rheoli eiddo ”) has the meaning given by section 12; “ registered social landlord ” (“ landlord cymdeithasol cofrestredig ”) means a social landlord registered under Part 1 of the Housing Act 1996; “ rental property ” (“ eiddo ar rent ”) has the meaning given by section 2. “ standard occupation contract ” (“ contract meddiannaeth safonol ”) has the meaning given by section 8 of the Renting Homes (Wales) Act 2016; 2 In this Part, a reference to assignment of an interest to a landlord— a includes any conveyance other than a mortgage or charge, and b if trustees constitute the landlord, does not include a change in the persons who are for the time being the trustees of the trust. 3 In this Part— a any reference to an application for a licence includes a reference to an application for renewal of a licence, and b any reference to the grant of a licence by a licensing authority includes a reference to renewal of a licence; and related expressions are to be construed accordingly. PART 2 HOMELESSNESS CHAPTER 1 HOMELESSNESS REVIEWS AND STRATEGIES Duty to carry out a homelessness review and formulate a homelessness strategy 50 1 A local housing authority must (periodically, as required by this section)— a carry out a homelessness review for its area, and b formulate and adopt a homelessness strategy based on the results of that review. 2 The authority must adopt a homelessness strategy in 2018 and a new homelessness strategy in every fourth year after 2018. 3 The Welsh Ministers may amend subsection (2) by order. 4 A council of a county or county borough in Wales must take its homelessness strategy into account in the exercise of its functions (including functions other than its functions as local housing authority). 5 Nothing in subsection (4) affects any duty or requirement arising apart from this section. 6 In this Chapter “ homeless ” has the meaning given by section 55 and “homelessness” is to be interpreted accordingly. Homelessness reviews 51 1 A homelessness review under section 50 must include a review of— a the levels, and likely future levels, of homelessness in the local housing authority's area; b the activities which are carried out in the local housing authority's area for the achievement of the following objectives (or which contribute to their achievement)— i the prevention of homelessness; ii that suitable accommodation is or will be available for people who are or may become homeless; iii that satisfactory support is available for people who are or may become homeless; c the resources available to the authority (including the resources available in exercise of functions other than its functions as local housing authority), other public authorities, voluntary organisations and other persons for such activities. 2 After completing a homelessness review, a local housing authority must publish the results of the review by— a making the results of the review available on its website (if it has one); b making a copy of the results of the review available at its principal office for inspection at all reasonable hours, without charge, by members of the public; c providing (on payment if required by the authority of a reasonable charge) a copy of those results to any member of the public who asks for one. Homelessness strategies 52 1 A homelessness strategy under section 50 is a strategy for achieving the following objectives in the local housing authority's area— a the prevention of homelessness; b that suitable accommodation is and will be available for people who are or may become homeless; c that satisfactory support is available for people who are or may become homeless. 2 A homelessness strategy may specify more detailed objectives to be pursued, and action planned to be taken, in the exercise of any functions of the authority (including functions other than its functions as local housing authority). 3 A homelessness strategy may also include provision relating to specific action which the authority expects to be taken— a by any public authority with functions which are capable of contributing to the achievement of any of the objectives mentioned in subsection (1), or b by any voluntary organisation or other person whose activities are capable of contributing to the achievement of any of those objectives. 4 The inclusion in a homelessness strategy of any provision relating to action mentioned in subsection (3) requires the approval of the body or person concerned. 5 In formulating a homelessness strategy the authority must consider (among other things) the extent to which any of the objectives mentioned in subsection (1) can be achieved through action involving two or more of the bodies or other persons mentioned in subsections (2) and (3). 6 A homelessness strategy must include provision relating to action planned by the authority to be taken in the exercise of its functions, and specific action expected by the authority to be taken by public authorities, voluntary organisations and other persons within subsection (3), in relation to those who may be in particular need of support if they are or may become homeless, including in particular— a people leaving prison or youth detention accommodation, b young people leaving care, c people leaving the regular armed forces of the Crown, d people leaving hospital after medical treatment for mental disorder as an inpatient, and e people receiving mental health services in the community. 7 A local housing authority must keep its homelessness strategy under review and may modify it. 8 Before adopting or modifying a homelessness strategy a local housing authority must consult such public or local authorities, voluntary organisations or other persons as it considers appropriate. 9 After adopting or modifying a homelessness strategy, a local housing authority must publish the strategy by— a making a copy of the strategy available on its website (if it has one); b making a copy of the strategy available at its principal office for inspection at all reasonable hours, without charge, by members of the public; c providing (on payment if required by the authority of a reasonable charge) a copy of the strategy to any member of the public who asks for one. 10 If the authority modifies its homelessness strategy, it may publish the modifications or the strategy as modified (as it considers most appropriate). 11 Where the authority decides to publish only the modifications, the references to the homelessness strategy in paragraphs (a) to (c) of subsection (9) are to be interpreted as references to the modifications. CHAPTER 2 HELP FOR PEOPLE WHO ARE HOMELESS OR THREATENED WITH HOMELESSNESS Introduction Overview of this Chapter 53 1 This Chapter confers duties on local housing authorities to help people who are homeless or threatened with homelessness and makes connected provision. 2 Sections 55 to 59 define and otherwise explain the meaning of some key terms (further provision about interpretation and an index of terms defined in this Chapter is at section 99). 3 Section 60 requires local housing authorities to secure the provision of a service providing people with information and advice connected with homelessness and assistance in accessing help under this Chapter. 4 Section 61 introduces Schedule 2 which makes provision about eligibility for help under this Chapter. 5 Section 62 places a duty on a local housing authority to assess the cases of people (“applicants”) who apply to the authority for accommodation, or help in retaining or obtaining accommodation, where they appear to the authority to be homeless or threatened with homelessness. 6 Section 63 provides for notice to be given to applicants about the outcome of the assessment. 7 Section 64 gives examples of the kinds of ways in which the subsequent duties to secure or help to secure the availability of accommodation may be discharged and what may be done to discharge them; and section 65 explains what “ help to secure ” means. 8 Sections 66 to 79 set out the main duties on local housing authorities to help applicants, the circumstances in which those duties come to an end and connected provision; the main duties are— a a duty to help to prevent applicants who are threatened with homelessness from becoming homeless (section 66); b a duty to secure interim accommodation for applicants in priority need (section 68) (section 70 provides for who is to have priority need for accommodation for the purposes of the Chapter); c a duty to help to secure that suitable accommodation is available for occupation by homeless applicants (section 73); d a duty to secure accommodation for applicants in priority need when the duty in section 73 comes to an end (section 75). 9 Section 78 provides for the circumstances in which local housing authorities may have regard to whether an applicant became homeless intentionally when it is considering whether a duty to secure accommodation for applicants in priority need applies; section 77 provides for the meaning of intentionally homeless. 10 Sections 80 to 82 provide for local housing authorities to end their duties to applicants by referring their cases to other authorities in Wales or England, where the applicants have a local connection with the areas of those other authorities; section 81 defines the meaning of “ local connection ” for the purposes of this Chapter. 11 Sections 85 to 89 provide for reviews and appeals. 12 Sections 90 to 99 make supplementary and general provision. Key terms Application of key terms 54 Sections 55 to 59 apply for the purposes of this Part. Meaning of homeless and threatened homelessness 55 1 A person is homeless if there is no accommodation available for the person's occupation, in the United Kingdom or elsewhere, which the person— a is entitled to occupy by virtue of an interest in it or by virtue of an order of a court, b has an express or implied licence to occupy, or c occupies as a residence by virtue of any enactment or rule of law giving the person the right to remain in occupation or restricting the right of another person to recover possession. 2 A person is also homeless if the person has accommodation but— a cannot secure entry to it, or b it consists of a moveable structure, vehicle or vessel designed or adapted for human habitation and there is no place where the person is entitled or permitted both to place it and to reside in it. 3 A person is not to be treated as having accommodation unless it is accommodation which it would be reasonable for the person to continue to occupy. 4 A person is threatened with homelessness if it is likely that the person will become homeless within 56 days. Meaning of accommodation available for occupation 56 1 Accommodation may only be regarded as available for a person's occupation if it is available for occupation by that person together with— a any other person who normally resides with that person as a member of his or her family, or b any other person who might reasonably be expected to reside with that person. 2 A reference in this Chapter to securing that accommodation is available for a person's occupation is to be interpreted accordingly. Whether it is reasonable to continue to occupy accommodation 57 1 It is not reasonable for a person to continue to occupy accommodation if it is probable that it will lead to the person, or a member of the person's household, being subjected to abuse. 2 In this section “ member of a person's household ” means— a a person who normally resides with him or her as member of his or her family, or b any other person who might reasonably be expected to reside with that person. 3 In determining whether it would be, or would have been, reasonable for a person to continue to occupy accommodation, a local housing authority— a may have regard to the general circumstances prevailing in relation to housing in the area of the local housing authority to whom the person has applied for help in securing accommodation; b must have regard to whether or not the accommodation is affordable for that person. 4 The Welsh Ministers may by order specify— a other circumstances in which it is to be regarded as reasonable or not reasonable for a person to continue to occupy accommodation, and b other matters to be taken into account or disregarded in determining whether it would be, or would have been, reasonable for a person to continue to occupy accommodation. Meaning of abuse and domestic abuse 58 1 “ Abuse ” means physical violence, threatening or intimidating behaviour and any other form of abuse which, directly or indirectly, may give rise to the risk of harm; and abuse is “domestic abuse” where the victim is associated with the abuser. 2 A person is associated with another person if— a they are or have been married to each other; b they are or have been civil partners of each other; c they live or have lived together in an enduring family relationship (whether they are of different sexes or the same sex); d they live or have lived in the same household; e they are relatives; f they have agreed to marry one another (whether or not that agreement has been terminated); g they have entered into a civil partnership agreement between them (whether or not that agreement has been terminated); h they have or have had an intimate personal relationship with each other which is or was of significant duration; i in relation to a child, each of them is a parent of the child or has, or has had, parental responsibility for the child. 3 If a child has been adopted or falls within subsection (4), two persons are also associated with each other for the purposes this Chapter if— a one is a natural parent of the child or a parent of such a natural parent, and b the other is— i the child, or ii a person who has become a parent of the child by virtue of an adoption order, who has applied for an adoption order or with whom the child has at any time been placed for adoption. 4 A child falls within this section if— a an adoption agency, within the meaning of section 2 of the Adoption and Children Act 2002, is authorised to place the child for adoption under section 19 of that Act (placing children with parental consent) or the child has become the subject of an order under section 21 of that Act (placement orders), or b the child is freed for adoption by virtue of an order made— i in England and Wales, under section 18 of the Adoption Act 1976, ii in Northern Ireland, under Article 17(1) or 18(1) of the Adoption (Northern Ireland) Order 1987, or c the child is the subject of a Scottish permanence order which includes granting authority to adopt. 5 In this section— “ adoption order ” (“ gorchymyn mabwysiadu ”) means an adoption order within the meaning of section 72(1) of the Adoption Act 1976 or section 46(1) of the Adoption and Children Act 2002; “ civil partnership agreement ” (“ cytundeb partneriaeth sifil ”) has the meaning given by section 73 of the Civil Partnership Act 2004; “ parental responsibility ” (“ cyfrifoldeb rhiant ”) has the meaning given by section 3 of the Children Act 1989; “ relative ” (“ perthynas ”), in relation to a person, means that person's parent, grandparent, child, grandchild, brother, half-brother, sister, half-sister, uncle, aunt, nephew, niece (including any person who is or has been in that relationship by virtue of a marriage or civil partnership or an enduring family relationship). Suitability of accommodation 59 1 In determining whether accommodation is suitable for a person, a local housing authority must have regard to the following enactments— a Part 9 of the Housing Act 1985 (slum clearance); b Part 10 of the Housing Act 1985 (overcrowding); c Part 1 of the Housing Act 2004 (housing conditions); d Part 2 of the Housing Act 2004 (licensing of houses in multiple occupation); e Part 3 of the Housing Act 2004 (selective licensing of other residential accommodation); f Part 4 of the Housing Act 2004 (additional control provisions in relation to residential accommodation); g Part 1 of this Act (regulation of private rented housing). 2 In determining whether accommodation is suitable for a person, a local housing authority must have regard to whether or not the accommodation is affordable for that person. 3 The Welsh Ministers may by order specify— a circumstances in which accommodation is or is not to be regarded as suitable for a person, and b matters to be taken into account or disregarded in determining whether accommodation is suitable for a person. Information, advice and assistance in accessing help Duty to provide information, advice and assistance in accessing help 60 1 A local housing authority must secure the provision, without charge, of a service providing people in its area, or people who have a local connection with its area, with— a information and advice relating to preventing homelessness, securing accommodation when homeless, accessing any other help available for people who are homeless or may become homeless, and b assistance in accessing help under this Chapter or any other help for people who are homeless or may become homeless. 2 In relation to subsection (1)(a), the service must include, in particular, the publication of information and advice on the following matters— a the system provided for by this Chapter and how the system operates in the authority's area; b whether any other help for people who are homeless or may become homeless (whether or not the person is threatened with homelessness within the meaning of this Chapter) is available in the authority's area; c how to access the help that is available. 3 In relation to subsection (1)(b), the service must include, in particular, assistance in accessing help to prevent a person becoming homeless which is available whether or not the person is threatened with homelessness within the meaning of this Chapter. 4 The local housing authority must, in particular by working with other public authorities, voluntary organisations and other persons, ensure that the service is designed to meet the needs of groups at particular risk of homelessness, including in particular— a people leaving prison or youth detention accommodation, b young people leaving care, c people leaving the regular armed forces of the Crown, d people leaving hospital after medical treatment for mental disorder as an inpatient, and e people receiving mental health services in the community. 5 Two or more local housing authorities may jointly secure the provision of a service under this section for their areas; and where they do so— a references in this section to a local housing authority are to be read as references to the authorities acting jointly, and b references in this section to a local housing authority's area are to be read as references to the combined area. 6 The service required by this section may be integrated with the service required by section 17 of the Social Services and Well-being (Wales) Act 2014. Eligibility Eligibility for help under this Chapter 61 Schedule 2 has effect for the purposes of determining whether an applicant is eligible for help under the following provisions of this Chapter. Applications for help and assessment Duty to assess 62 1 A local housing authority must carry out an assessment of a person's case if— a the person has applied to a local housing authority for accommodation or help in retaining or obtaining accommodation, b it appears to the authority that the person may be homeless or threatened with homelessness, and c subsection (2) does not apply to the person. 2 This subsection applies if the person has been assessed by a local housing authority under this section on a previous occasion and the authority is satisfied that— a the person's circumstances have not changed materially since that assessment was carried out, and b there is no new information that materially affects that assessment. 3 In this Chapter, “ applicant ” means a person to whom the duty in subsection (1) applies. 4 The authority must assess whether or not the applicant is eligible for help under this Chapter. 5 If the applicant is eligible for help under this Chapter, the assessment must include an assessment of— a the circumstances that have caused the applicant to be homeless or threatened with homelessness; b the housing needs of the applicant and any person with whom the applicant lives or might reasonably be expected to live; c the support needed for the applicant and any person with whom the applicant lives or might reasonably be expected to live to retain accommodation which is or may become available; d whether or not the authority has any duty to the applicant under the following provisions of this Chapter. 6 In carrying out an assessment, the local housing authority must— a seek to identify the outcome the applicant wishes to achieve from the authority's help, and b assess whether the exercise of any function under this Chapter could contribute to the achievement of that outcome. 7 A local housing authority may carry out its assessment of the matters mentioned in subsections (5) and (6) before it has concluded that the applicant is eligible for help under this Chapter. 8 A local housing authority must keep its assessment under review during the period in which the authority considers that it owes a duty to the applicant under the following provisions of this Chapter or that it may do so. 9 A local housing authority must review its assessment in the following two cases— Case 1 - where an applicant has been notified under section 63 that a duty is owed to the applicant under section 66 (duty to help to prevent an applicant from becoming homeless) and subsequently it appears to the authority that the duty under section 66 has or is likely to come to an end because the applicant is homeless; Case 2 - where an applicant has been notified under section 63 that a duty is owed to the applicant under section 73 (duty to help to secure accommodation for homeless applicants) and subsequently it appears to the authority that the duty in section 73 has or is likely to come to an end in circumstances where a duty may be owed to the applicant under section 75 (duty to secure accommodation for applicants in priority need when the duty in section 73 ends). 10 The duty in subsection (5)(d) does not require a local housing authority to assess whether or not a duty would be owed to the applicant under section 75 unless and until it reviews its assessment in accordance with subsection (9) in the circumstances described in case 2 of that subsection; but it may do so before then. 11 Subsections (9) and (10) do not affect the generality of subsection (8). Notice of the outcome of assessment 63 1 The local housing authority must notify the applicant of the outcome of its assessment (or any review of its assessment) and, in so far as any issue is decided against the applicant's interests, inform the applicant of the reasons for its decision. 2 If the authority decides that a duty is owed to the applicant under section 75, but would not have done so without having had regard to a restricted person, the notice under subsection (1) must also— a inform the applicant that its decision was reached on that basis, b include the name of the restricted person, c explain why the person is a restricted person, and d explain the effect of section 76(5). 3 If the authority has notified or intends to notify another local housing authority under section 80 (referral of cases), it must at the same time notify the applicant of that decision and inform him or her of the reasons for it. 4 A notice under subsection (1) or (3) must also— a inform the applicant of his or her right to request a review of the decision and of the time within which such a request must be made (see section 85), and b be given in writing and, if not received, is to be treated as having been given if it is made available at the authority's office for a reasonable period for collection by the applicant or on the applicant's behalf. 5 In this Chapter, “ a restricted person ” means a person— a who is not eligible for help under this Chapter, b who is subject to immigration control within the meaning of the Asylum and Immigration Act 1996, and c who either— i does not have leave to enter or remain in the United Kingdom, or ii has leave to enter or remain in the United Kingdom subject to a condition to maintain and accommodate himself or herself, and any dependants, without recourse to public funds. Duties to help applicants How to secure or help to secure the availability of accommodation 64 1 The following are examples of the ways in which a local housing authority may secure or help to secure that suitable accommodation is available, or does not cease to be available, for occupation by an applicant— a by arranging for a person other than the authority to provide something; b by itself providing something; c by providing something, or arranging for something to be provided, to a person other than the applicant. 2 The following are examples of what may be provided or arranged to secure or help to secure that suitable accommodation is available, or does not cease to be available, for occupation by an applicant— a mediation; b payments by way of grant or loan; c guarantees that payments will be made; d support in managing debt, mortgage arrears or rent arrears; e security measures for applicants at risk of abuse; f advocacy or other representation; g accommodation; h information and advice; i other services, goods or facilities. 3 The Welsh Ministers must give guidance to local housing authorities in relation to how they may secure or help to secure that suitable accommodation is available, or does not cease to be available, for occupation by an applicant. Meaning of help to secure 65 Where a local housing authority is required by this Chapter to help to secure (rather than “to secure”) that suitable accommodation is available, or does not cease to be available, for occupation by an applicant, the authority— a is required to take reasonable steps to help, having regard (among other things) to the need to make the best use of the authority's resources; b is not required to secure an offer of accommodation under Part 6 of the Housing Act 1996 (allocation of housing); c is not required to otherwise provide accommodation. Duty to help to prevent an applicant from becoming homeless 66 1 A local housing authority must help to secure that suitable accommodation does not cease to be available for occupation by an applicant if the authority is satisfied that the applicant is— a threatened with homelessness, and b eligible for help. 2 Subsection (1) does not affect any right of the authority, whether by virtue of a contract, enactment or rule of law, to secure vacant possession of any accommodation. Circumstances in which the duty in section 66 ends 67 1 The duty to an applicant under section 66 comes to an end in any of the circumstances described in subsection (2), (3) or (4), if the applicant has been notified in accordance with section 84. 2 The circumstances are that the local authority is satisfied that the applicant has become homeless. 3 The circumstances are that the local housing authority is satisfied (whether as a result of the steps it has taken or not) that— a the applicant is no longer threatened with homelessness, and b suitable accommodation is likely to be available for occupation by the applicant for a period of at least 6 months. 4 The circumstances are that— a the applicant, having been notified in writing of the possible consequences of refusal or acceptance of the offer, refuses an offer of accommodation from any person which the authority is satisfied is suitable for the applicant, and b the authority is satisfied that the accommodation offered is likely to be available for occupation by the applicant for a period of at least 6 months. 5 The period of 6 months mentioned in subsections (3)(b) and (4)(b) begins on the day the notice under section 84 is sent or first made available for collection. 6 See section 79 for further circumstances in which the duty in section 66 comes to an end. Interim duty to secure accommodation for homeless applicants in priority need 68 1 The local housing authority must secure that suitable accommodation is available for the occupation of an applicant to whom subsection (2) or (3) applies until the duty comes to an end in accordance with section 69. 2 This subsection applies to an applicant who the authority has reason to believe may— a be homeless, b be eligible for help, and c have a priority need for accommodation, in circumstances where the authority is not yet satisfied that the applicant is homeless, eligible for help and in priority need for accommodation. 3 This subsection applies to an applicant— a who the authority has reason to believe or is satisfied has a priority need or whose case has been referred from a local housing authority in England under section 198(1) of the Housing Act 1996, and b to whom the duty in section 73 (duty to help to end homelessness) applies. 4 The duty under this section arises irrespective of any possibility of the referral of the applicant's case to another local housing authority (see sections 80 to 82). Circumstances in which the duty in section 68 ends 69 1 The duty to an applicant under section 68 comes to an end in any of the circumstances described in subsection (2), (3) (subject to subsection (4) and (5)), (7), (8) or (9) if the applicant has been notified in accordance with section 84. 2 The circumstances are that the local housing authority has decided that no duty is owed to the applicant under section 73 and the applicant is notified of that decision. 3 In the case of an applicant to whom section 68(3) applies, the circumstances are that the local housing authority has— a decided that the duty owed to the applicant under section 73 has come to an end and that a duty is or is not owed to the applicant under section 75, and b notified the applicant of that decision; but this is subject to subsections (4) and (5). 4 Subsection (5) applies where a local housing authority has decided that no duty is owed to the applicant under section 75 on the basis that the authority— a is satisfied that the applicant became homeless intentionally in the circumstances which gave rise to the application, or b has previously secured an offer of accommodation of the kind described in section 75(3)(f). 5 The duty under section 68 does not come to an end in the circumstances described in subsection (3) until the authority is also satisfied that the accommodation it has secured under section 68 has been available to the applicant for a sufficient period, beginning on the day on which he or she is notified that section 75 does not apply, to allow the applicant a reasonable opportunity of securing accommodation for his or her occupation. 6 The period mentioned in subsection (5) is not sufficient for the purposes of that subsection if it ends on a day during the period of 56 days beginning with the day on which the applicant was notified that the duty in section 73 applied. 7 The circumstances are that the applicant, having been notified of the possible consequence of refusal, refuses an offer of accommodation secured under section 68 which the local housing authority is satisfied is suitable for the applicant. 8 The circumstances are that the local housing authority is satisfied that the applicant has become homeless intentionally from suitable interim accommodation made available for the applicant's occupation under section 68. 9 The circumstances are that the local housing authority is satisfied that the applicant voluntarily ceased to occupy as his or her only or principal home suitable interim accommodation made available for the applicant's occupation under section 68. 10 The duty comes to an end in accordance with this section even if the applicant requests a review of any decision that has led to the duty coming to an end (see section 85). 11 The authority may secure that suitable accommodation is available for the applicant's occupation pending a decision on a review. 12 See section 79 for further circumstances in which the duty in section 68 comes to an end. Priority need for accommodation 70 1 The following persons have a priority need for accommodation for the purposes of this Chapter— a a pregnant woman or a person with whom she resides or might reasonably be expected to reside; b a person with whom a dependent child resides or might reasonably be expected to reside; c a person— i who is vulnerable as a result of some special reason (for example: old age, physical or mental illness or physical or mental disability), or ii with whom a person who falls within sub-paragraph (i) resides or might reasonably be expected to reside; d a person— i who is homeless or threatened with homelessness as a result of an emergency such as flood, fire or other disaster, or ii with whom a person who falls within sub-paragraph (i) resides or might reasonably be expected to reside; e a person— i who is homeless as a result of being subject to domestic abuse, or ii with whom a person who falls within sub-paragraph (i) resides (other than the abuser) or might reasonably be expected to reside; f a person— i who is aged 16 or 17 when the person applies to a local housing authority for accommodation or help in obtaining or retaining accommodation, or ii with whom a person who falls within sub-paragraph (i) resides or might reasonably be expected to reside; g a person— i who has attained the age of 18, when the person applies to a local housing authority for accommodation or help in obtaining or retaining accommodation, but not the age of 21, who is at particular risk of sexual or financial exploitation, or ii with whom a person who falls within sub-paragraph (i) resides (other than an exploiter or potential exploiter) or might reasonably be expected to reside; h a person— i who has attained the age of 18, when the person applies to a local housing authority for accommodation or help in obtaining or retaining accommodation, but not the age of 21, who was looked after, accommodated or fostered at any time while under the age of 18, or ii with whom a person who falls within sub-paragraph (i) resides or might reasonably be expected to reside; i a person— i who has served in the regular armed forces of the Crown who has been homeless since leaving those forces, or ii with whom a person who falls within sub-paragraph (i) resides or might reasonably be expected to reside; j a person who has a local connection with the area of the local housing authority and who is vulnerable as a result of one of the following reasons— i having served a custodial sentence within the meaning of section 76 of the Powers of Criminal Courts (Sentencing) Act 2000 or section 222 of the Sentencing Code , ii having been remanded in or committed to custody by an order of a court, or iii having been remanded to youth detention accommodation under section 91(4) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, k a person— i who is street homeless (within the meaning of section 71(2)), or ii with whom a person who falls within sub-paragraph (i) might reasonably be expected to reside. or a person with whom such a person resides or might reasonably be expected to reside. 2 In this Chapter— “ looked after, accommodated or fostered ” (“ yn derbyn gofal, yn cael ei letya neu'n cael ei faethu ”) means— looked after by a local authority (within the meaning of section 74 of the Social Services and Well-Being (Wales) Act 2014 or section 22 of the Children Act 1989), accommodated by or on behalf of a voluntary organisation, accommodated in a private children's home, accommodated for a continuous period of at least three months— by any Local Health Board or Special Health Authority, by or on behalf of an integrated care board or NHS England , by or on behalf of a county or county borough council in Wales in the exercise of education functions, by or on behalf of a local authority in England in the exercise of education functions, in any care home or independent hospital, or in any accommodation provided by or on behalf of an NHS Trust or by or on behalf of an NHS Foundation Trust, or privately fostered (within the meaning of section 66 of the Children Act 1989). 3 In subsection (2)— “ care home ” (“ cartref gofal ”) has the same meaning as in the Care Standards Act 2000; ... “ education functions ” (“ swyddogaethau addysg ”) has the meaning given by section 597(1) of the Education Act 1996; “ independent hospital ” (“ ysbyty annibynnol ”)— in relation to Wales, has the meaning given by section 2 of the Care Standards Act 2000, and in relation to England, means a hospital as defined by section 275 of the National Health Service Act 2006 that is not a health service hospital as defined by that section; “ integrated care board ” (“ bwrdd gofal integredig ”) means a body established under section 14Z25 of the National Health Service Act 2006; “ local authority in England ” (“ awdurdod lleol yn Lloegr ”) means— a county council in England, a district council for an area in England for which there is no county council, a London borough council, or the Common Council of the City of London; “ Local Health Board ” (“ Bwrdd Iechyd Lleol ”) means a Local Health Board established under section 11 of the National Health Service (Wales) Act 2006. Meaning of vulnerable in section 70 71 1 A person is vulnerable as a result of a reason mentioned in paragraph (c) or (j) of section 70(1) if, having regard to all the circumstances of the person's case— a the person would be less able to fend for himself or herself (as a result of that reason) if the person were to become street homeless than would an ordinary homeless person who becomes street homeless, and b this would lead to the person suffering more harm than would be suffered by the ordinary homeless person; this subsection applies regardless of whether or not the person whose case is being considered is, or is likely to become, street homeless. 2 In subsection (1), “ street homeless ” (“ digartref ac ar y stryd ”), in relation to a person, means that the person has no accommodation available for the person's occupation in the United Kingdom or elsewhere, which the person— a is entitled to occupy by virtue of an interest in it or by virtue of an order of a court, b has an express or implied licence to occupy, or c occupies as a residence by virtue of any enactment or rule of law giving the person the right to remain in occupation or restricting the right of another person to recover possession; and sections 55 and 56 do not apply to this definition. Power to amend or repeal provisions about priority need for accommodation 72 1 The Welsh Ministers may by order— a make provision for and in connection with removing any condition that a local housing authority must have reason to believe or be satisfied that an applicant is in priority need for accommodation before any power or duty to secure accommodation under this Chapter applies; b amend or omit the descriptions of persons as having a priority need for accommodation for the purposes of this Chapter; c specify further descriptions of persons as having a priority need for accommodation for the purposes of this Chapter. 2 An order under subsection (1) may amend or repeal any provision of this Part. 3 Before making an order under this section the Welsh Ministers must consult such associations representing councils of counties and county boroughs in Wales, and such other persons, as they consider appropriate. Duty to help to secure accommodation for homeless applicants 73 1 A local housing authority must help to secure that suitable accommodation is available for occupation by an applicant, if the authority is satisfied that the applicant is— a homeless, and b eligible for help. 2 But the duty in subsection (1) does not apply if the authority refers the application to another local housing authority (see section 80). Circumstances in which the duty in section 73 ends 74 1 The duty to an applicant under section 73 comes to an end in any of the circumstances described in subsections (2), (3), (4), or (5), if the applicant has been notified in accordance with section 84. 2 The circumstances are the end of a period of 56 days. 3 The circumstances are that before the end of a period of 56 days the local housing authority is satisfied that reasonable steps have been taken to help to secure that suitable accommodation is available for occupation by the applicant. 4 The circumstances are that the local housing authority is satisfied (whether as a result of the steps it has taken or not) that— a the applicant has suitable accommodation available for occupation, and b the accommodation is likely to be available for occupation by the applicant for a period of at least 6 months. 5 The circumstances are that— a the applicant, having been notified of the possible consequence of refusal or acceptance of the offer, refuses an offer of accommodation from any person which the authority is satisfied is suitable for the applicant, and b the authority is satisfied that the accommodation offered is likely to be available for occupation by the applicant for a period of at least 6 months. 6 The period of 56 days mentioned in subsections (2) and (3) begins on the day the applicant is notified under section 63 and for this purpose the applicant is to be treated as notified on the day the notice is sent or first made available for collection. 7 The period of 6 months mentioned in subsection (4)(b) and (5)(b) begins on the day the notice under section 84 is sent or first made available for collection. 8 See section 79 for further circumstances in which the duty in section 73 comes to an end. Duty to secure accommodation for applicants in priority need when the duty in section 73 ends 75 1 When the duty in section 73 ( duty to help to secure accommodation for homeless applicants) comes to an end in respect of an applicant in the circumstances mentioned in subsection (2) o r (3) of section 74, the local housing authority must secure that suitable accommodation is available for occupation by the applicant if subsection (2) or (3) (of this section) applies. 2 This subsection applies where the local housing authority— a is satisfied that the applicant— i does not have suitable accommodation available for occupation, or ii has suitable accommodation, but it is not likely that the accommodation will be available for occupation by the applicant for a period of at least 6 months starting on the day the applicant is notified in accordance with section 84 that section 73 does not apply, b is satisfied that the applicant is eligible for help, c is satisfied that the applicant has a priority need for accommodation, and d if the authority is having regard to whether or not the applicant is homeless intentionally (see section 77), is not satisfied that the applicant became homeless intentionally in the circumstances which gave rise to the application; 3 This subsection applies where the local housing authority is having regard to whether or not the applicant is homeless intentionally and is satisfied that— a the applicant became homeless intentionally in the circumstances which gave rise to the application, b the applicant— i does not have suitable accommodation available for occupation, or ii has suitable accommodation, but it is not likely that the accommodation will be available for occupation by the applicant for a period of at least 6 months starting on the day on which the applicant is notified in accordance with section 84 that section 73 does not apply, c the applicant is eligible for help, d the applicant has a priority need for accommodation, e the applicant is— i a pregnant woman or a person with whom she resides or might reasonably be expected to reside, ii a person with whom a dependent child resides or might reasonably be expected to reside, iii a person who had not attained the age of 21 when the application for help was made or a person with whom such a person resides or might reasonably be expected to reside, or iv a person who had attained the age of 21, but not the age of 25, when the application for help was made and who was looked after, accommodated or fostered at any time while under the age of 18, or a person with whom such a person resides or might reasonably be expected to reside, and f the authority has not previously secured an offer of accommodation to the applicant under this section following a previous application for help under this Chapter, where that offer was made— i at any time within the period of 5 years before the day on which the applicant was notified under section 63 that a duty was owed to him or her under this section, and ii on the basis that the applicant fell within this subsection. 4 For the purpose of subsections (2)(a)(ii) and (3)(b)(ii), the applicant is to be treated as notified on the day the notice is sent or first made available for collection. Circumstances in which the duty in section 75 ends 76 1 The duty to an applicant under section 75(1) comes to an end in any of the circumstances described in subsections (2), (3), (6) or (7), if the applicant has been notified in accordance with section 84. 2 The circumstances are that the applicant accepts— a an offer of suitable accommodation under Part 6 of the Housing Act 1996 (allocation of housing), ... aa an offer of suitable accommodation in Wales under a tenancy which is an occupation contract, or b an offer of suitable accommodation (in England) under an assured tenancy (including an assured shorthold tenancy). 3 The circumstances are that the applicant, having been given notice in writing of the possible consequence of refusal or acceptance of the offer, refuses— a an offer of suitable interim accommodation under section 75, b a private rented sector offer, or c an offer of accommodation under Part 6 of the Housing Act 1996, which the authority is satisfied is suitable for the applicant. 4 For the purposes of this section an offer is a private rented sector offer if— a it is an offer of— i a tenancy which is an occupation contract made by a private landlord to the applicant in relation to accommodation in Wales which is available for the applicant’s occupation, or ii an assured shorthold tenancy made by a private landlord to the applicant in relation to any accommodation in England which is available for the applicant’s occupation, b it is made, with the approval of the authority, in pursuance of arrangements made by the authority with the landlord with a view to bringing the authority's duty under section 75 to an end, and c in relation to accommodation in England, the tenancy being offered is a fixed term tenancy for a period of at least 6 months. 5 In a restricted case, the local housing authority must, so far as reasonably practicable, bring its duty to an end by securing a private rented sector offer; for this purpose, a “ restricted case ” means a case where the local housing authority would not be satisfied as mentioned in section 75(1) without having regard to a restricted person (see section 63(5)). 6 The circumstances are that the local housing authority is satisfied that the applicant has become homeless intentionally from suitable interim accommodation made available for the applicant's occupation— a under section 68 and which continues to be made available under section 75, or b under section 75. 7 The circumstances are that the local housing authority is satisfied that the applicant has voluntarily ceased to occupy as his or her only or principal home, suitable interim accommodation made available for the applicant's occupation— a under section 68 and which continues to be made available under section 75, or b under section 75. 8 See section 79 for further circumstances in which the duty in section 75(1) comes to an end. 9 In this section— “ fixed term tenancy ” (“ tenantiaeth cyfnod penodedig ”) in relation to accommodation in England has the meaning given in Part 1 of the Housing Act 1988 (c. 50) ; “ occupation contract ” (“ contract meddiannaeth ”) has the same meaning as in the Renting Homes (Wales) Act 2016 (anaw 1) (see section 7 of that Act). Meaning of intentionally homeless 77 1 A person is intentionally homeless for the purpose of this Chapter if subsection (2) or (4) apply. 2 This subsection applies if the person deliberately does or fails to do anything in consequence of which the person ceases to occupy accommodation which is available for the person's occupation and which it would have been reasonable for the person to continue to occupy. 3 For the purposes of subsection (2) an act or omission in good faith on the part of a person who was unaware of any relevant fact may not be treated as deliberate. 4 This subsection applies if— a the person enters into an arrangement under which the person is required to cease to occupy accommodation which it would have been reasonable for the person to continue to occupy, and b the purpose of the arrangement is to enable the person to become entitled to help under this Chapter, and there is no other good reason why the person is homeless. Deciding to have regard to intentionality 78 1 The Welsh Ministers must, by regulations, specify a category or categories of applicant for the purpose of this section. 2 A local housing authority may not have regard to whether or not an applicant has become homeless intentionally for the purposes of sections 68 and 75 unless— a the applicant falls within a category specified under subsection (1) in respect of which the authority has decided to have regard to whether or not applicants in that category have become homeless intentionally, and b the authority has published a notice of its decision under paragraph (a) which specifies the category. 3 Subsection (4) applies where a local housing authority has published a notice under subsection (2) unless the authority has— a decided to stop having regard to whether or not applicants falling into the category specified in the notice have become homeless intentionally, and b published a notice of its decision specifying the category. 4 For the purposes of section 68 and 75, a local housing authority must have regard to whether or not an applicant has become homeless intentionally if the applicant falls within a category specified in the notice published by the authority under subsection (2). Further circumstances in which the duties to help applicants end 79 1 The duties in sections 66, 68, 73 and 75 come to an end in the circumstances described in subsection (2), (3), (4) or (5), if the applicant is notified in accordance with section 84. 2 The circumstances are that the local housing authority is no longer satisfied that the applicant is eligible for help. 3 The circumstances are that the local housing authority is satisfied that a mistake of fact led to the applicant being notified under section 63 that the duty was owed to the applicant. 4 The circumstances are that the local authority is satisfied that the applicant has withdrawn his or her application. 5 The circumstances are that the local housing authority is satisfied that the applicant is unreasonably failing to co-operate with the authority in connection with the exercise of its functions under this Chapter as they apply to the applicant. Referral to another local housing authority Referral of case to another local housing authority 80 1 Subsection (2) applies where— a a local housing authority considers that the conditions for referral to another local housing authority (whether in Wales or England) are met (see subsection (3)), and b the local housing authority would, if the case is not referred, be subject to the duty in section 73 in respect of an applicant who is in priority need of accommodation and unintentionally homeless (duty to help to secure accommodation for homeless applicants). 2 The local housing authority may notify the other authority of its opinion that the conditions for referral are met in respect of the applicant. 3 The conditions for referral of the case to another local housing authority (whether in Wales or England) are met if— a neither the applicant nor any person who might reasonably be expected to reside with the applicant has a local connection with the area of the authority to which the application was made, b the applicant or a person who might reasonably be expected to reside with the applicant has a local connection with the area of that other authority, and c neither the applicant nor any person who might reasonably be expected to reside with the applicant will run the risk of domestic abuse in that other area. 4 But the conditions for referral mentioned in subsection (3) are not met if— a the applicant or any person who might reasonably be expected to reside with the applicant has suffered abuse (other than domestic abuse) in the area of the other authority, and b it is probable that the return to that area of the victim will lead to further abuse of a similar kind against him or her. 5 The question of whether the conditions for referral of a case are satisfied is to be decided— a by agreement between the notifying authority and the notified authority, or b in default of agreement, in accordance with such arrangements— i as the Welsh Ministers may direct by order, where both authorities are in Wales, or ii as the Welsh Ministers and the Secretary of State may jointly direct by order, where the notifying authority is in Wales and the notified authority is in England. 6 An order under subsection (5) may direct that the arrangements are to be— a those agreed by any relevant authorities or associations of relevant authorities, or b in default of such agreement, such arrangements as appear to the Welsh Ministers or, in the case of an order under subsection (5)(b)(ii), to the Welsh Ministers and the Secretary of State to be suitable, after consultation with such associations representing relevant authorities, and such other persons, as they think appropriate. 7 In subsection (6), “ relevant authority ” means a local housing authority or a social services authority; and it includes, in so far as that subsection applies to arrangements under subsection (5)(b)(ii), such authorities in Wales and England. 8 The Welsh Ministers may by order specify other circumstances in which the conditions are or are not met for referral of the case to another local housing authority. Local connection 81 1 This section applies for the purposes of this Chapter. 2 A person has a local connection with the area of a local housing authority in Wales or England if the person has a connection with it— a because the person is, or in the past was, normally resident there, and that residence is or was of the person's own choice, b because the person is employed there, c because of family associations, or d because of special circumstances. 3 Residence in an area is not of a person's own choice if the person, or a person who might reasonably be expected to reside with that person, becomes resident there because the person is detained under the authority of an enactment. 4 The Welsh Ministers may by order specify circumstances in which— a a person is not to be treated as employed in an area, or b residence in an area is not to be treated as of a person's own choice. 5 A person has a local connection with the area of a local housing authority in Wales or England if the person was (at any time) provided with accommodation in that area under section 95 of the Immigration and Asylum Act 1999 (support for asylum seekers). 6 But subsection (5) does not apply— a to the provision of accommodation for a person in an area of a local housing authority if the person was subsequently provided with accommodation in the area of another local housing authority under section 95 of that Act, or b to the provision of accommodation in an accommodation centre by virtue of section 22 of the Nationality, Immigration and Asylum Act 2002 (use of accommodation centres for section 95 support). Duties to applicant whose case is considered for referral or referred 82 1 Where a local housing authority notifies an applicant in accordance with section 84 that it intends to notify or has notified another local housing authority in Wales or England of its opinion that the conditions are met for the referral of the applicant's case to that other authority— a it ceases to be subject to any duty under section 68 ( interim duty to secure accommodation for homeless applicants in priority need), andd b it is not subject to any duty under section 73 ( duty to help to secure accommodation for homeless applicants); but it must secure that suitable accommodation is available for occupation by the applicant until the applicant is notified of the decision whether the conditions for referral of the case are met. 2 When it has been decided whether the conditions for referral are met, the notifying authority must notify the applicant in accordance with section 84. 3 If it is decided that the conditions for referral are not met, the notifying authority is subject to the duty under section 73 (duty to help to secure accommodation for homeless applicants). 4 If it is decided that those conditions are met and the notified authority is an authority in Wales, the notified authority is subject to the duty under section 73 ( duty to help to secure accommodation for homeless applicants); for provision about cases where it is decided that those conditions are met and the notified authority is an authority in England, see section 201A of the Housing Act 1996 (cases referred from a local housing authority in Wales). 5 The duty under subsection (1) ceases as provided in that subsection even if the applicant requests a review of the authority's decision (see section 85). 6 The authority may secure that suitable accommodation is available for the applicant's occupation pending the decision on a review. 7 If notice required to be given to an applicant under this section is not received by the applicant, it is to be treated as having been given if it is made available at the authority's office for a reasonable period for collection by the applicant or on the applicant's behalf. Cases referred from a local housing authority in England 83 1 This section applies where an application has been referred by a local housing authority in England to a local housing authority in Wales under section 198(1) of the Housing Act 1996 (referral of case to another local housing authority). 2 If it is decided that the conditions in that section for referral of the case are met the notified authority is subject to the following duties in respect of the person whose case is referred— a section 68 ( interim duty to secure accommodation for homeless applicants in priority need); b section 73 (duty to help to secure accommodation for homeless applicants); for provision about cases where it is decided that the conditions for referral are not met, see section 200 of the Housing Act 1996 (duties to applicant whose case is considered for referral or referred). 3 Accordingly, references in this Chapter to an applicant include a reference to a person to whom the duties mentioned in subsection (2) are owed by virtue of this section. Notice Notice that duties have ended 84 1 Where a local housing authority concludes that its duty to an applicant under section 66, 68, 73 or 75 has come to an end (including where the authority has referred the applicant's case to another authority or decided that the conditions for referral are met), it must notify the applicant— a that it no longer regards itself as being subject to the relevant duty, b of the reasons why it considers that the duty has come to an end, c of the right to request a review, and d of the time within which such a request must be made. 2 Where a notice under subsection (1) relates to the duty in section 73 coming to an end in the circumstances described in section 74(2) or (3), it must include notice of the steps taken by the local housing authority to help to secure that suitable accommodation would be available for occupation by the applicant. 3 Notice under this section must be in writing. 4 Where a notice is not received by an applicant, the applicant may be treated as having been notified under this section if the notice is made available at the authority's office for a reasonable period for collection by the applicant or on the applicant's behalf. Right to review and appeal Right to request review 85 1 An applicant has the right to request a review of the following decisions— a a decision of a local housing authority as to the applicant's eligibility for help; b a decision of a local housing authority that a duty is not owed to the applicant under section 66, 68, 73, or 75 (duties to applicants who are homeless or threatened with homelessness); c a decision of a local housing authority that a duty owed to the applicant under section 66, 68, 73, or 75 has come to an end (including where the authority has referred the applicant's case to another authority or decided that the conditions for referral are met). 2 Where the duty owed to an applicant under section 73 has come to an end in the circumstances described in section 74(2) or (3), an applicant has the right to request a review of whether or not reasonable steps were taken during the period in which the duty under section 73 was owed to help to secure that suitable accommodation would be available for his or her occupation. 3 An applicant who is offered accommodation in, or in connection with, the discharge of any duty under this Chapter may request a review of the suitability of the accommodation offered to the applicant (whether or not he or she has accepted the offer). 4 There is no right to request a review of the decision reached on an earlier review. 5 A request for review must be made before the end of the period of 21 days (or such longer period as the authority may in writing allow) beginning with the day on which the applicant is notified of the authority's decision. 6 On a request being made to them, the authority or authorities concerned must review their decision. Procedure on review 86 1 The Welsh Ministers may make provision by regulations as to the procedure to be followed in connection with a review under section 85. 2 Regulations under subsection (1) may, for example,— a require the decision on review to be made by a person of appropriate seniority who was not involved in the original decision, and b provide for the circumstances in which the applicant is entitled to an oral hearing, and whether and by whom the applicant may be represented at such a hearing, and c provide for the period within which the review must be carried out and notice given of the decision. 3 The authority, or as the case may be either of the authorities, concerned must notify the applicant of the decision on the review. 4 The authority must also notify the applicant of the reasons for the decision, if the decision is— a to confirm the original decision on any issue against the interests of the applicant, or b to confirm that reasonable steps were taken. 5 In any case they must inform the applicant of his or her right to appeal to the county court on a point of law, and of the period within which such an appeal must be made (see section 88). 6 Notice of the decision is not be treated as given unless and until subsection (5), and where applicable subsection (4), is complied with. 7 Notice required to be given to a person under this section must be given in writing and, if not received by that person, is to be treated as having been given if it is made available at the authority's office for a reasonable period for collection by the person or on his or her behalf. Effect of a decision on review or appeal that reasonable steps were not taken 87 1 Subsection (2) applies where it is decided on review under section 85(2) or on an appeal of a decision under that section that reasonable steps were not taken. 2 The duty in section 73 applies to the applicant again, with the modification that the 56 day period mentioned in subsection (2) of section 74 is to be interpreted as starting on the day the authority notifies the applicant of its decision on review under section 85(2) or, on an appeal, on such date as the court may order. Right of appeal to county court on point of law 88 1 An applicant who has requested a review under section 85 may appeal to the county court on any point of law arising from the decision or, as the case may be, the original decision or a question as to whether reasonable steps were taken if the applicant— a is dissatisfied with the decision on the review, or b is not notified of the decision on the review within the time prescribed under section 86. 2 An appeal must be brought within 21 days of the applicant being notified of the decision or, as the case may be, of the date on which the applicant should have been notified of a decision on review. 3 The court may give permission for an appeal to be brought after the end of the period allowed by subsection (2), but only if it is satisfied— a where permission is sought before the end of that period, that there is a good reason for the applicant to be unable to bring the appeal in time, or b where permission is sought after that time, that there is a good reason for the applicant's failure to bring the appeal in time and for any delay in applying for permission. 4 On appeal the court may make such order confirming, quashing or varying the decision as it thinks fit. 5 Where the authority was under a duty under section 68, 75 or 82 to secure that suitable accommodation is available for the applicant's occupation, it may secure that suitable accommodation is so available— a during the period for appealing under this section against the authority's decision, and b if an appeal is brought, until the appeal (and any further appeal) is finally determined. Appeals against refusal to accommodate pending appeal 89 1 This section applies where an applicant has the right to appeal to the county court under section 88. 2 An applicant may appeal to the county court against a decision of the authority— a not to exercise their power under section 88(5) (“the section 88(5) power”) in the applicant's case, b to exercise that power for a limited period ending before the final determination by the county court of the applicant's appeal under section 88(1) (“the main appeal”), or c to cease exercising that power before the final determination. 3 An appeal under this section may not be brought after the final determination by the county court of the main appeal. 4 On an appeal under this section the court— a may order the authority to secure that suitable accommodation is available for the applicant's occupation until the determination of the appeal (or such earlier time as the court may specify), and b must confirm or quash the decision appealed against. 5 In considering whether to confirm or quash the decision the court must apply the principles applied by the High Court on an application for judicial review. 6 If the court quashes the decision it may order the authority to exercise the section 88(5) power in the applicant's case for such period as may be specified in the order. 7 An order under subsection (6)— a may only be made if the court is satisfied that failure to exercise the section 88(5) power in accordance with the order would substantially prejudice the applicant's ability to pursue the main appeal; b may not specify any period ending after the final determination by the county court of the main appeal. Supplementary provisions Charges 90 A local housing authority may require a person in relation to whom it is discharging its functions under this Chapter— a to pay reasonable charges determined by the authority in respect of accommodation which it secures for the person's occupation (either by making it available itself or otherwise), or b to pay a reasonable amount determined by the authority in respect of sums payable by it for accommodation made available by another person. Out-of-area placement 91 1 A local housing authority must in discharging its functions under this Chapter secure or help to secure that suitable accommodation is available for the occupation of the applicant in its area, so far as is reasonably practicable. 2 If the authority secures that accommodation is available for the occupation of the applicant outside its area in Wales or England, it must give notice to the local housing authority (whether in Wales or England) in whose area the accommodation is situated. 3 The notice must state— a the name of the applicant, b the number and description of other persons who normally reside with the applicant as a member of his or her family or might reasonably be expected to reside with the applicant, c the address of the accommodation, d the date on which the accommodation was made available to the applicant, and e which function under this Chapter the authority was discharging in securing that the accommodation is available for the applicant's occupation. 4 The notice must be in writing, and must be given before the end of the period of 14 days beginning with the day on which the accommodation was made available to the applicant. Interim accommodation in England : arrangements with private landlord 92 1 This section applies where in carrying out any of its functions under section 68, 82 or 88(5) (interim accommodation) a local housing authority makes arrangements with a private landlord to provide accommodation in England . 2 A tenancy granted to the applicant under the arrangements cannot be an assured tenancy before the end of the period of twelve months beginning with— a the date on which the applicant was notified of the authority's decision under section 63(1) or 80(5), or b if there is a review of that decision under section 85 or an appeal to the court under section 88, the date on which the applicant is notified of the decision on review or the appeal is finally determined, unless, before or during that period, the tenant is notified by the landlord (or in the case of joint landlords, at least one of them) that the tenancy is to be regarded as an assured shorthold tenancy or an assured tenancy other than an assured shorthold tenancy. Accommodation in Wales 92A 1 For provision which applies where a tenancy or licence in respect of accommodation in Wales is made with an individual by a local housing authority because of the authority’s functions under Part 2 of this Act (homelessness), see paragraph 11 of Part 4 of Schedule 2 to the Renting Homes (Wales) Act 2016 (anaw 1) (tenancies and licences to which special rules apply: homelessness). 2 For provision which applies where a local housing authority, in pursuance of any of its homelessness housing functions, makes arrangements with a relevant landlord for the provision of accommodation, see paragraph 12 of Part 4 of Schedule 2 to the Renting Homes (Wales) Act 2016 (tenancies and licences to which special rules apply: homelessness). Protection of property 93 1 Where a local housing authority has become subject to a duty in respect of an applicant as described in subsection (2), it must take reasonable steps to prevent the loss of the personal property of the applicant or prevent or mitigate damage to it if the authority has reason to believe that— a there is danger of loss of, or damage to, the property by reason of the applicant's inability to protect it or deal with it, and b no other suitable arrangements have been or are being made. 2 The duties in respect of an applicant are— section 66 (duty to help to prevent an applicant from becoming homeless) in the case of an applicant in priority need; section 68 ( interim duty to secure accommodation for homeless applicants in priority need); section 75 (duty to secure accommodation for applicants in priority need when the duty in section 73 ends); section 82 (duties to applicant whose case is considered for referral or referred) in the case of an applicant in priority need. 3 Where a local housing authority has become subject to the duty in subsection (1), it continues to be subject to that duty even if the duty in respect of the applicant as described in subsection (2) comes to an end. 4 The duty of a local housing authority under subsection (1) is subject to any conditions it considers appropriate in the particular case, which may include conditions as to— a the making and recovery by the authority of reasonable charges for the action taken, or b the disposal by the authority, in such circumstances as may be specified, of property in relation to which it has taken action. 5 A local housing authority may take any steps it considers reasonable for the purpose of protecting the personal property of an applicant who is eligible for help or prevent or mitigate damage to it if the authority has reason to believe that— a there is danger of loss of, or damage to, the property by reason of the applicant's inability to protect it or deal with it, and b no other suitable arrangements have been or are being made. 6 References in this section to personal property of the applicant include personal property of any person who might reasonably be expected to reside with the applicant. Protection of property: supplementary provisions 94 1 The authority may for the purposes of section 93— a enter, at all reasonable times, any premises which are the usual place of residence of the applicant or which were the applicant's last usual place of residence, and b deal with any personal property of the applicant in any way which is reasonably necessary, in particular by storing it or arranging for its storage. 2 Where a local authority is proposing to exercise the power in subsection (1)(a), the officer it authorises to do so must, upon request, produce valid documentation setting out the authorisation to do so. 3 A person who, without reasonable excuse, obstructs the exercise of the power under subsection (1)(a) commits an offence and is liable on summary conviction to a fine not exceeding level 4 on the standard scale. 4 Where the applicant asks the authority to move his or her property to a particular location nominated by the applicant, the authority— a may, if it appears to it that the request is reasonable, discharge its responsibilities under section 93 by doing as the applicant asks, and b having done so, have no further duty or power to take action under that section in relation to that property. 5 If such a request is made, the authority must before complying with it inform the applicant of the consequence of it doing so. 6 If no such request is made (or, if made, is not acted upon) the authority cease to have any duty or power to take action under section 93 when, in its opinion, there is no longer any reason to believe that there is a danger of loss of or damage to a person's personal property by reason of his or her inability to protect it or deal with it. 7 But property stored by virtue of the authority having taken such action may be kept in store and any conditions upon which it was taken into store continue to have effect, with any necessary modifications. 8 Where the authority— a ceases to be subject to a duty to take action under section 93 in respect of an applicant's property, or b ceases to have power to take such action, having previously taken such action, it must notify the applicant of that fact and of the reason for it. 9 The notification must be given to the applicant— a by delivering it to the applicant, or b leaving it at, or sending it to, the applicant's last known address. 10 References in this section to personal property of the applicant include personal property of any person who might reasonably be expected to reside with the applicant. Co-operation 95 1 A council of a county or county borough in Wales must make arrangements to promote co-operation between the officers of the authority who exercise its social services functions and those who exercise its functions as the local housing authority with a view to achieving the following objectives in its area— a the prevention of homelessness, b that suitable accommodation is or will be available for people who are or may become homeless, c that satisfactory support is available for people who are or may become homeless, and d the effective discharge of its functions under this Part. 2 If a local housing authority requests the co-operation of a person mentioned in subsection (5) in the exercise of its functions under this Part, the person must comply with the request unless the person considers that doing so would— a be incompatible with the person's own duties, or b otherwise have an adverse effect on the exercise of the person's functions. 3 If a local housing authority requests that a person mentioned in subsection (5) provides it with information it requires for the purpose of the exercise of any of its functions under this Part, the person must comply with the request unless the person considers that doing so would— a be incompatible with the person's own duties, or b otherwise have an adverse effect on the exercise of the person's functions. 4 A person who decides not to comply with a request under subsection (2) or (3) must give the local housing authority who made the request written reasons for the decision. 5 The persons (whether in Wales or England) are— a a local housing authority; b a social services authority; c a registered social landlord; d a new town corporation; e a private registered provider of social housing; f a housing action trust. 6 The Welsh Ministers may amend subsection (5) by order to omit or add a person, or a description of a person. 7 An order under subsection (6) may not add a Minister of the Crown. 8 In this section— “ housing action trust ” (“ ymddiriedolaeth gweithredu tai ”) means a housing action trust established under Part 3 of the Housing Act 1988; “ new town corporation ” (“ corfforaeth tref newydd ”) has the meaning given in Part 1 of the Housing Act 1985; “ private registered provider of social housing ” (“ darparwr tai cymdeithasol preifat cofrestredig ”) has the meaning given by Part 2 of the Housing and Regeneration Act 2008; “ registered social landlord ” (“ landlord cymdeithasol cofrestredig ”) has the meaning given by Part 1 of the Housing Act 1996. Co-operation in certain cases involving children 96 1 This section applies where a local housing authority has reason to believe that an applicant with whom a person under the age of 18 normally resides, or might reasonably be expected to reside— a may be ineligible for help, b may be homeless and that a duty under section 68, 73 or 75 is not likely to apply to the applicant, or c may be threatened with homelessness and that a duty under section 66 is not likely to apply to the applicant. 2 A local housing authority must make arrangements for ensuring that— a the applicant is invited to consent to the referral to the social services department of the essential facts of his or her case, and b if the applicant has given that consent, the social services department is made aware of those facts and of the subsequent decision of the authority in respect of his or her case. 3 Nothing in subsection (2) affects any power apart from this section to disclose information relating to the applicant's case to the the social services department without the consent of the applicant. 4 A council of a county or county borough must make arrangements for ensuring that, where it makes a decision as local housing authority that an applicant is ineligible for help, became homeless intentionally or became threatened with homelessness intentionally, its housing department provides the social services department with such advice and assistance as the social services department may reasonably request. 5 In this section, in relation to the council of a county or county borough— “ the housing department ” (“ yr adran dai ”) means those persons responsible for the exercise of its functions as local housing authority; “ the social services department ” (“ yr adran gwasanaethau cymdeithasol ”) means those persons responsible for the exercise of its social services functions under Part 3 of the Social Services and Well-Being (Wales) Act 2014. General False statements, withholding information and failure to disclose change of circumstances 97 1 It is an offence for a person, with intent to induce a local housing authority to believe in connection with the exercise of its functions under this Chapter that the person or another person is entitled to accommodation or assistance in accordance with the provisions of this Chapter, or is entitled to accommodation or assistance of a particular description— a knowingly or recklessly to make a statement which is false in a material particular, or b knowingly to withhold information which the authority has reasonably required the person to give in connection with the exercise of those functions. 2 If before an applicant receives notification of the local housing authority's decision on the application there is any change of facts material to the case, the applicant must notify the authority as soon as possible. 3 The authority must explain to every applicant, in ordinary language, the duty imposed by subsection (2) and the effect of subsection (4). 4 A person who fails to comply with subsection (2) after being given the explanation required by subsection (3) commits an offence. 5 In proceedings against a person for an offence committed under subsection (4) it is a defence that the person had a reasonable excuse for failing to comply. 6 A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 4 on the standard scale. Guidance 98 1 In the exercise of its functions relating to homelessness, a council of a county or county borough must have regard to guidance given by the Welsh Ministers. 2 Subsection (1) applies in relation to functions under this Part and any other enactment. 3 The Welsh Ministers may— a give guidance either generally or to specified descriptions of authorities; b revise the guidance by giving further guidance under this Part; c withdraw the guidance by giving further guidance under this Part or by notice. 4 The Welsh Ministers must publish any guidance or notice under this Part. Interpretation of this Chapter and index of defined terms 99 In this Chapter— “ abuse ” (“ camdriniaeth ”) has the meaning given by section 58; “ accommodation available for occupation ” (“ llety sydd ar gael i'w feddiannu ”) has the meaning given by section 56; “ applicant ” (“ ceisydd ”) has the meaning given by section 62(3) and section 83(3); “ associated ” (“ cysylltiedig ”), in relation to a person, has the meaning given by section 58; “ assured tenancy ” (“ tenantiaeth sicr ”) and “ assured shorthold tenancy ” (“ tenantiaeth fyrddaliol sicr ”) have the meaning given by Part 1 of the Housing Act 1988; “ domestic abuse ” (“ camdriniaeth ddomestig ”) has the meaning given by section 58; “ eligible for help ” (“ yn gymwys i gael cymorth ”) means not excluded from help under this Chapter by Schedule 2; “ enactment ” (“ deddfiad ”) means an enactment (whenever enacted or made) comprised in, or in an instrument made under— an Act of Parliament, a Measure or an Act of the National Assembly for Wales; “ help to secure ” (“ cynorthwyo i sicrhau ”), in relation to securing that suitable accommodation is available, or does not cease to be available, for occupation, has the meaning given by section 65; “ help under this Chapter ” (“ cynorth o dan y Bennod hon ”) means the benefit of any function under sections 66, 68, 73, or 75; “ homeless ” (“ digartref ”) has the meaning given by section 55 and “homelessness” (digartrefedd) is to be interpreted accordingly; “ intentionally homeless ” (“ digartref yn fwriadol ”) has the meaning given by section 77; “ local connection ” (“ cysylltiad lleol ”) has the meaning given by section 81; “ local housing authority ” (“ awdurdod tai lleol ”) means— in relation to Wales, the council of a county or county borough, and in relation to England, a district council, a London borough council, the Common Council of the City of London or the Council of the Isles of Scilly, but a reference to a “local housing authority” is to be interpreted as a reference to a local housing authority for an area in Wales only, unless this Chapter expressly provides otherwise; “ looked after, accommodated or fostered ” (“ yn derbyn gofal, yn cael ei letya neu'n cael ei faethu ”) has the meaning given by section 70(2); “ occupation contract ” (“ contract meddiannaeth ”) has the same meaning as in the Renting Homes (Wales) Act 2016 (anaw 1) (see section 7 of that Act); “ prescribed ” (“ rhagnodedig ”) means prescribed in regulations made by the Welsh Ministers; “ priority need for accommodation ” (“ angen blaenoriaethol am lety ”) has the meaning given by section 70; “ prison ” (“ carchar ”) has the same meaning as in the Prison Act 1952 (see section 53(1) of that Act); “ private landlord ” (“ landlord preifat ”) means a landlord — ; of a dwelling in Wales, who is within section 10 of the Renting Homes (Wales) Act 2016 (anaw 1) (private landlords); of a dwelling in England, who is not within section 80(1) of the Housing Act 1985 (c. 68) (the landlord condition for secure tenancies); “ reasonable to continue to occupy accommodation ” (“ rhesymol parhau i feddiannu llety ”) has the meaning given by section 57; “ regular armed forces of the Crown ” (“ lluoedd arfog rheolaidd y Goron ”) means the regular forces as defined by section 374 of the Armed Forces Act 2006; “ restricted person ” (“ person cyfyngedig ”) has the meaning given by section 63(5); “ social services authority ” (“ awdurdod gwasanaethau cymdeithasol ”) means— in relation to Wales, the council of a county or county borough council in the exercise of its social services functions, within the meaning of section 119 of the Social Services and Well-being (Wales) Act 2014, and in relation to England, a local authority for the purposes of the Local Authority Social Services Act 1970, as defined in section 1 of that Act, but a reference to a “social services authority” is to be interpreted as a reference to a social services authority for an area in Wales only, unless this Chapter expressly provides otherwise; “ threatened with homelessness ” (“ o dan fygythiad o ddigartrefedd ”) has the meaning given by section 55(4); “ voluntary organisation ” (“ corff gwirfoddol ”) means a body (other than a public or local authority) whose activities are not carried on for profit. “ youth detention accommodation ” (“ llety cadw ieuenctid ”) means— a secure children's home; a secure training centre; a young offender institution; accommodation provided, equipped and maintained by the Welsh Ministers under section 82(5) of the Children Act 1989 for the purpose of restricting the liberty of children; accommodation, or accommodation of a description, for the time being specified by regulations under section 248(1)(f) of the Sentencing Code (youth detention accommodation for the purposes of detention and training orders). Consequential amendments 100 Part 1 of Schedule 3 makes consequential amendments relating to this Part. PART 3 GYPSIES AND TRAVELLERS Meeting accommodation needs Assessment of accommodation needs 101 1 A local housing authority must, in each review period, carry out an assessment of the accommodation needs of Gypsies and Travellers residing in or resorting to its area. 2 In carrying out an assessment under subsection (1) a local housing authority must consult such persons as it considers appropriate. 3 In subsection (1), “ review period ” means— a the period of 1 year beginning with the coming into force of this section, and b the period of 6 years beginning with the day after the period in paragraph (a) ended, and each subsequent period of 5 years beginning with the day after the previous review period ended. 4 The Welsh Ministers may amend subsection (3)(b) by order. Report following assessment 102 1 After carrying out an assessment a local housing authority must prepare a report which— a details how the assessment was carried out; b contains a summary of— i the consultation it carried out in connection with the assessment, and ii the responses (if any) it received to that consultation; c details the accommodation needs identified by the assessment. 2 A local housing authority must submit the report to the Welsh Ministers for approval of the authority's assessment. 3 The Welsh Ministers may— a approve the assessment as submitted; b approve the assessment with modifications; c reject the assessment. 4 If the Welsh Ministers reject the assessment, the local housing authority must— a revise and resubmit its assessment for approval by the Welsh Ministers under subsection (3), or b conduct another assessment (in which case section 101(2) and this section apply again, as if the assessment were carried out under section 101(1)). 5 A local housing authority must publish an assessment approved by the Welsh Ministers under this section. Duty to meet assessed needs 103 1 If a local housing authority's approved assessment identifies needs within the authority's area with respect to the provision of sites on which mobile homes may be stationed the authority must exercise its powers in section 56 of the Mobile Homes (Wales) Act 2013 (power of authorities to provide sites for mobile homes) so far as may be necessary to meet those needs. 2 But subsection (1) does not require a local housing authority to provide, in or in connection with sites for the stationing of mobile homes, working space and facilities for the carrying on of activities normally carried out by Gypsies and Travellers. 3 The reference in subsection (1) to an authority's approved assessment is a reference to the authority's most recent assessment of accommodation needs approved by the Welsh Ministers under section 102(3). Failure to comply with duty under section 103 104 1 If the Welsh Ministers are satisfied that a local housing authority has failed to comply with the duty imposed by section 103 they may direct the authority to exercise its powers under section 56 of the Mobile Homes (Wales) Act 2013 so far as may be necessary to meet the needs identified in the authority's approved assessment. 2 Before giving a direction the Welsh Ministers must consult the local housing authority to which the direction would relate. 3 A local housing authority must comply with a direction given to it. 4 A direction given under this section— a must be in writing; b may be varied or revoked by a subsequent direction; c is enforceable by mandatory order on application by, or on behalf of, the Welsh Ministers. Provision of information upon request 105 1 A local housing authority must provide the Welsh Ministers with such information (and at such times) as they may require in connection with the exercise of their functions under this Part. 2 The Welsh Ministers may exercise their powers under this section generally or in relation to a particular case. Guidance 106 1 In exercising its functions under this Part, a local housing authority must have regard to any guidance given by the Welsh Ministers. 2 The Welsh Ministers may— a give guidance either generally or to specified descriptions of authorities; b revise the guidance by giving further guidance under this section; c withdraw the guidance by giving further guidance under this section or by notice. 3 The Welsh Ministers must publish any guidance or notice under this section. Duties in relation to housing strategies 107 1 This section applies where a local housing authority is required under section 87 of the Local Government Act 2003 to have a strategy in respect of meeting the accommodation needs of Gypsies and Travellers residing in or resorting to its area. 2 The local housing authority must— a have regard to any guidance given by the Welsh Ministers in preparing its strategy; b take the strategy into account in exercising its functions (including functions exercisable other than as a local housing authority). General Interpretation 108 In this Part— “ accommodation needs ” (“ anghenion llety ”) includes, but is not limited to, needs with respect to the provision of sites on which mobile homes may be stationed; “ Gypsies and Travellers ” (“ Sipsiwn a Theithwyr ”) means— persons of a nomadic habit of life, whatever their race or origin, including— persons who, on grounds only of their own or their family's or dependant's educational or health needs or old age, have ceased to travel temporarily or permanently, and members of an organised group of travelling show people or circus people (whether or not travelling together as such), and all other persons with a cultural tradition of nomadism or of living in a mobile home; “ mobile home ” (“ cartref symudol ”) has the meaning given by section 60 of the Mobile Homes (Wales) Act 2013. Power to amend definition of Gypsies and Travellers 109 1 The Welsh Ministers may by order amend the definition of Gypsies and Travellers in section 108 by— a adding a description of persons; b modifying a description of persons; c removing a description of persons. 2 An order under this section may also make such amendments of the Mobile Homes (Wales) Act 2013 as the Welsh Ministers consider necessary or appropriate in consequence of a change to the definition mentioned in subsection (1). Consequential amendments 110 Part 2 of Schedule 3 makes consequential amendments relating to this Part. PART 4 STANDARDS FOR SOCIAL HOUSING Standards for housing provided by local housing authorities Standards 111 1 The Welsh Ministers may set standards to be met by local housing authorities in connection with— a the quality of accommodation provided by local housing authorities for housing; b rent for such accommodation; c service charges for such accommodation. 2 Standards set under subsection (1) may require local housing authorities to comply with rules specified in the standards. 3 Rules about rent or service charges may include, among other things, provision for minimum or maximum— a levels of rent or service charges, b levels of increase or decrease of rent or service charges. 4 The Welsh Ministers may— a revise the standards by issuing further standards under this section; b withdraw the standards by issuing further standards under this section or by notice. 5 The Welsh Ministers must publish standards or notices under this section. Guidance 112 1 The Welsh Ministers may give guidance that— a relates to a matter addressed by a standard under section 111, and b amplifies the standard. 2 In considering whether standards have been met the Welsh Ministers may have regard to the guidance. 3 The Welsh Ministers may— a revise the guidance by giving further guidance under this section; b withdraw the guidance by giving further guidance under this section or by notice. 4 The Welsh Ministers must publish any guidance or notice under this section. Consultation on standards and guidance 113 Before setting, revising or withdrawing standards under section 111 or issuing, revising or withdrawing guidance under section 112, the Welsh Ministers must consult— a one or more bodies appearing to them to represent the interests of local housing authorities, b one or more bodies appearing to them to represent the interests of tenants, and c any other persons the Welsh Ministers consider it appropriate to consult. Information on compliance with standards 114 A local housing authority must provide the Welsh Ministers with any information they request relating to compliance by the authority with standards set under section 111. Powers of entry 115 1 This section applies where it appears to the Welsh Ministers that a local housing authority may be failing to maintain or repair any premises in accordance with standards set under section 111 or guidance given under section 112. 2 A person authorised by the Welsh Ministers may at any reasonable time, on giving not less than 28 days' notice of his or her intention to the local housing authority concerned, enter any such premises for the purpose of survey and examination. 3 Where such notice is given to the local housing authority, the authority must give the occupier or occupiers of the premises not less than seven days' notice of the proposed survey and examination. 4 An authorisation for the purposes of this section must be in writing stating the particular purpose or purposes for which the entry is authorised and must, if so required, be produced for inspection by the occupier or anyone acting on his or her behalf. 5 The Welsh Ministers must give a copy of any survey carried out in exercise of the powers conferred by this section to the local housing authority concerned. 6 The Welsh Ministers may require the local housing authority concerned to pay to them such amount as the Welsh Ministers may determine towards the costs of carrying out any survey under this section. Exercise of intervention powers 116 1 This section applies where the Welsh Ministers are deciding— a whether to exercise an intervention power, b which intervention power to exercise, or c how to exercise an intervention power. 2 The Welsh Ministers must consider— a whether the failure or likely failure to meet the standard is, or is likely to be, a recurrent or isolated incident; b the speed with which the failure, or likely failure to meet the standard needs to be addressed. 3 In subsection (1), an “ intervention power ” means a power exercisable under sections 117 to 127. Grounds for intervention 117 For the purposes of this Part, the grounds for intervention are that a local housing authority has failed, or is likely to fail, to meet a standard set under section 111 which relates to the quality of accommodation. Warning notice 118 1 The Welsh Ministers may give a warning notice to a local housing authority if they are satisfied that the grounds for intervention exist in relation to the authority. 2 The Welsh Ministers must specify each of the following in the warning notice— a the reasons why they are satisfied that the grounds exist; b the action they require the authority to take in order to deal with the grounds for intervention; c the period within which the action is to be taken by the authority (“the compliance period”); d the action they are minded to take if the authority fails to take the required action. Power of Welsh Ministers to intervene 119 1 The Welsh Ministers have the power to intervene under this Part if— a the Welsh Ministers have given a warning notice, and b the local housing authority has failed to comply, or secure compliance, with the notice to the Welsh Ministers' satisfaction within the compliance period. 2 Where the Welsh Ministers have the power to intervene, they must keep the circumstances giving rise to the power under review. 3 If the Welsh Ministers conclude that the grounds for intervention have been dealt with to their satisfaction or that exercise of their powers under this Part would not be appropriate for any other reason, they must notify the local housing authority of their conclusion in writing. 4 The Welsh Ministers' power to intervene continues in effect until they give notice under subsection (3). 5 Where the Welsh Ministers have the power to intervene, they are not limited to taking the action they said they were minded to take in a warning notice. Power to require local housing authority to obtain advisory services 120 1 This section applies if the Welsh Ministers have the power to intervene. 2 The Welsh Ministers may direct the local housing authority to enter into a contract or other arrangement with a specified person, or a person falling within a specified class, for the provision to the authority, of specified services of an advisory nature. 3 The direction may require the contract or other arrangement to contain specified terms and conditions. 4 In this section and section 121 “ specified ” means specified in a direction. Power to require performance of functions by other persons on behalf of authority 121 1 This section applies if the Welsh Ministers have the power to intervene. 2 The Welsh Ministers may give such directions to the local housing authority or any of its officers as they think are appropriate for securing that the functions to which the grounds for intervention relate are performed on behalf of the authority by a person specified in the direction. 3 A direction under subsection (2) may require that any contract or other arrangement made by the authority with the specified person contains terms and conditions specified in the direction. Power to require performance of functions by Welsh Ministers or nominee 122 1 This section applies if the Welsh Ministers have the power to intervene. 2 The Welsh Ministers may direct that the functions to which the grounds for intervention relate are to be exercised by the Welsh Ministers or a person nominated by them. 3 If a direction is made under subsection (2), the local housing authority must comply with the instructions of the Welsh Ministers or their nominee in relation to the exercise of the functions. Power to direct exercise of other local housing authority functions 123 1 If the Welsh Ministers think it is expedient, a direction under section 121 or 122 may relate to the performance of functions of the local housing authority in addition to the functions to which the grounds for intervention relate. 2 The Welsh Ministers may have regard (among other things) to financial considerations in deciding whether it is expedient that a direction should relate to the functions of the local housing authority other than functions relating to the grounds for intervention. General power to give directions and take steps 124 1 This section applies if the Welsh Ministers have the power to intervene. 2 If the Welsh Ministers think it is appropriate in order to deal with the grounds for intervention, the Welsh Ministers may— a give directions to the local housing authority or any of its officers, or b take any other steps. Directions 125 1 A local housing authority, or an officer of an authority, subject to a direction or instruction under this Part must comply with it. 2 This includes a direction or an instruction to exercise a power or duty that is contingent upon the opinion of the authority or an officer of the authority. 3 A direction under this Part— a must be in writing; b may be varied or revoked by a later direction; c is enforceable by mandatory order on application by, or on behalf of, the Welsh Ministers. Duty to co-operate 126 1 A local housing authority must give the Welsh Ministers and any person mentioned in subsection (2) as much assistance in connection with the exercise of functions under or by virtue of this Part as they are reasonably able to give. 2 The persons are— a any person authorised for the purposes of this section by the Welsh Ministers; b any person acting under directions under this Part; c any person assisting— i the Welsh Ministers, or ii a person mentioned in paragraph (a) or (b). Powers of entry and inspection 127 1 A person falling within subsection (2) has at all reasonable times— a a right of entry to the premises of the local housing authority (other than a dwelling) in question; b a right to inspect, and take copies of, any records or other documents kept by the authority, and any other documents containing information relating to the authority, which the person considers relevant to the exercise of his or her functions under or by virtue of this Part. 2 The following persons fall within this subsection— a a person specified in a direction under section 120 or, where the direction specifies a class of persons, the person with whom the local housing authority enter into the contract or other arrangement required by the direction; b a person specified in a direction under section 121; c the Welsh Ministers in pursuance of a direction under section 122; d a person nominated by direction under section 122. 3 In exercising the right under subsection (1)(b) to inspect records or other documents, a person (“P”)— a is entitled to have access to, and inspect and check the operation of, any computer and any associated apparatus or material which is or has been in use in connection with the records or other documents in question, and b may require the following persons to provide any assistance P may reasonably require (including, among other things, the making of information available for inspection or copying in a legible form)— i the person by whom or on whose behalf the computer is or has been so used; ii any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material. 4 Any reference in this section to a person falling within subsection (2) includes a reference to any person assisting that person. 5 In this section “document” and “records” each include information recorded in any form. Service charges for social housing Exemption from offences relating to service charges for social housing 128 In section 25 of the Landlord and Tenant Act 1985, after subsection (2) insert— 3 Subsection (1) does not apply where the person is— a a local authority for an area in Wales, or b a registered social landlord. Application of duties relating to service charges to local authority tenancies 129 In section 26(1) of the Landlord and Tenant Act 1985, after “a local authority” insert “ for an area in England ” . General Consequential amendments 130 Part 3 of Schedule 3 makes consequential amendments relating to this Part. PART 5 HOUSING FINANCE Housing Revenue Account subsidy Abolition of Housing Revenue Account subsidy 131 1 This section provides for the abolition of the subsidy payable in relation to the Housing Revenue Accounts of local housing authorities under the Local Government and Housing Act 1989. 2 That Act is amended as follows. 3 In Part 6 (Housing Finance)— a omit section 79 (Housing Revenue Account subsidy); b omit section 80 (calculation of Housing Revenue Account subsidy); c omit section 80ZA (negative amounts of subsidy payable to appropriate person); d omit section 80A (final decision on amount of Housing Revenue Account subsidy); e omit section 80B (agreements to exclude certain authorities or property); f omit section 85 (power to obtain information); g omit section 86 (recoupment of subsidy in certain cases). 4 In Schedule 4 (the keeping of the Housing Revenue Account)— a in Part 1 (credits to the Account), omit Item 3 (Housing Revenue Account subsidy); b in Part 2 (debits to the Account), omit Item 5 (sums payable under section 80ZA); c in Part 3 (special cases), omit paragraph 2 (credit balance where no HRA subsidy payable) and the heading immediately before it. Payments in relation to Housing Revenue Accounts Settlement payments 132 1 The Welsh Ministers may make a determination providing for the calculation of the amount of a payment in relation to each local housing authority that keeps a Housing Revenue Account. 2 A payment of the type mentioned in subsection (1) is referred to in this Part as a “ settlement payment ”. 3 A determination under this section may provide for all or part of the amount to be calculated in accordance with a formula or formulae. 4 In determining a formula for this purpose, the Welsh Ministers may include variables framed by reference to such matters as they consider appropriate. 5 A determination under this section may provide that the effect of the calculation in relation to a local housing authority is that— a a settlement payment must be made by the Welsh Ministers to the local housing authority, b a settlement payment must be made by the local housing authority to the Welsh Ministers, or c the amount of a settlement payment in relation to that authority is nil. 6 Subsections (3), (4) and (5) do not limit the generality of the power conferred by subsection (1). Further payments 133 1 If a settlement payment has been made in respect of a local housing authority, the Welsh Ministers may from time to time make a determination that a further payment calculated in accordance with the determination must be made— a by the Welsh Ministers to the local housing authority, or b by the local housing authority to the Welsh Ministers. 2 But the Welsh Ministers may only make a determination under this section if subsection (3) or (4) applies. 3 This subsection applies if there has been a change in any matter that was taken into account in making— a the determination relating to the settlement payment or a calculation under that determination, or b a previous determination under this section relating to the local housing authority or a calculation under that determination. 4 This subsection applies if the Welsh Ministers are satisfied that an error was taken into account in making any determination or calculation mentioned in subsection (3). 5 A determination under this section may be varied or revoked by a subsequent determination. Additional provision about payments 134 1 A payment under this Part must be made in such instalments, at such times and in accordance with such arrangements as the Welsh Ministers may determine. 2 A payment under this Part by a local housing authority must be accompanied by such information as the Welsh Ministers may require. 3 The Welsh Ministers may charge a local housing authority interest, at such rates and for such periods as the Welsh Ministers may determine, on any sum payable by the local housing authority under this Part not being paid by a time determined under this section for its payment. 4 The Welsh Ministers may charge a local housing authority an amount equal to any additional costs incurred by the Welsh Ministers as a result of any sum payable by the local housing authority under this Part not being paid by a time determined under this section for its payment. 5 A payment under this Part other than a payment under subsection (3) or (4)— a if made by a local housing authority, is to be treated by the authority as capital expenditure for the purposes of Chapter 1 of Part 1 of the Local Government Act 2003; b if made to a local housing authority, is to be treated by the authority as a capital receipt for the purposes of that Chapter. 6 A determination under this Part may require a payment to a local housing authority made under this Part to be used by the authority for a purpose specified in the determination. 7 A local housing authority to which such a requirement applies must comply with it. 8 In Schedule 4 to the Local Government and Housing Act 1989 (the keeping of the Housing Revenue Account), in Part 2 (debits to the account) after Item 5A (sums payable under section 170 of the Localism Act 2011) insert— “ Item 5B: sums payable under section 134 of the Housing (Wales) Act 2014 Sums payable for the year to the Welsh Ministers under section 134(3) or (4) of the Housing (Wales) Act 2014 (interest etc charged as a result of late payment of settlement payments etc). ” General provision Provision of information upon request 135 1 A local housing authority must supply the Welsh Ministers with such information as the Welsh Ministers may specify for the purpose of enabling the Welsh Ministers to exercise functions under this Part. 2 The Welsh Ministers may exercise their powers under this section generally or in relation to a particular case. 3 If a local housing authority fails to comply with this section before the end of such period as the Welsh Ministers may specify, the Welsh Ministers may exercise functions under this Part on the basis of such assumptions and estimates as the Welsh Ministers think fit. Determinations under this Part 136 1 A determination under this Part may make different provision for different cases or descriptions of case, including different provision— a for different areas; b for different local housing authorities; c for different descriptions of local housing authority. 2 Before making a determination under this Part that relates to all local housing authorities or a description of local housing authority, the Welsh Ministers must consult such— a representatives of local government in Wales, and b other persons, as the Welsh Ministers consider appropriate. 3 Before making a determination under this Part relating to a particular local housing authority, the Welsh Ministers must consult that local housing authority. 4 As soon as is practicable after making a determination under this Part, the Welsh Ministers must send a copy of the determination to the local housing authority or authorities to which it relates. 5 Subsections (4) to (7) of section 87 of the Local Government and Housing Act 1989 (using electronic communications to send copies of determinations) apply to a determination under this Part as they apply to a determination made by the Welsh Ministers under Part 6 of that Act. PART 6 ALLOWING FULLY MUTUAL HOUSING ASSOCIATIONS TO GRANT ASSURED TENANCIES Amendment of Schedule 1 to the Housing Act 1988 137 1 Schedule 1 to the Housing Act 1988 (tenancies which cannot be assured tenancies) is amended as follows. 2 In paragraph 12(1)(h), after “association” insert “ , unless the tenancy is one which is excluded from this sub-paragraph by sub-paragraph (3) below ” . 3 After paragraph 12(2) insert— 3 A tenancy is excluded from sub-paragraph (1) if all of the following requirements are met— a the interest of the landlord belongs to a fully mutual housing association; b the dwelling-house is in Wales; c the tenancy is granted on or after the date on which this sub-paragraph comes into force; d the tenancy is in writing; e before the tenancy is granted, the landlord has served on the person who is to be the tenant a notice stating that the tenancy is to be excluded from sub-paragraph (1); f the tenancy states that it is excluded from sub-paragraph (1). Amendment of Schedule 2 to the Housing Act 1988 138 In Part 1 of Schedule 2 to the Housing Act 1988 (grounds on which a court must order possession of dwelling-houses let on assured tenancies), after Ground 2 insert— Ground 2A The dwelling-house is subject to a mortgage granted, at any time, by a fully mutual housing association and— a the dwelling-house is in Wales; b the tenancy was granted by a fully mutual housing association; c the mortgagee is entitled to exercise a power of sale conferred on the mortgagee by the mortgage or by section 101 of the Law of Property Act 1925; d the mortgagee requires possession of the dwelling-house for the purpose of disposing of it with vacant possession in exercise of that power; e not later than the beginning of the tenancy the landlord gave notice in writing to the tenant that possession might be recovered on this ground; and for the purposes of this ground “ mortgage ” includes a charge and “ mortgagee ” is to be construed accordingly. PART 7 COUNCIL TAX FOR CERTAIN TYPES OF DWELLING Amount of tax payable for certain types of dwelling 139 1 The Local Government Finance Act 1992 is amended as follows. 2 After section 12 (discounts: special provision for Wales), insert— Higher amount for long-term empty dwellings: Wales 12A 1 For any financial year, a billing authority in Wales may by determination provide in relation to its area that if on any day a dwelling is a long-term empty dwelling— a the discount under section 11(2)(a) does not apply, and b the amount of council tax payable in respect of that dwelling and that day is increased by such percentage of not more than 100 as it may specify in the determination. 2 A billing authority may specify different percentages for different dwellings based on the length of time for which they have been long-term empty dwellings. 3 In exercising its functions under this section a billing authority must have regard to any guidance issued by the Welsh Ministers. 4 The Welsh Ministers may, by regulations, prescribe one or more classes of dwelling in relation to which a billing authority may not make a determination under this section. 5 A class of dwellings may be prescribed under subsection (4) by reference to such factors as the Welsh Ministers think fit and may, amongst other factors, be prescribed by reference to— a the physical characteristics of, or other matters relating to, dwellings; b the circumstances of, or other matters relating to, any person who is liable to the amount of council tax concerned. 6 Where a determination under this section has effect in relation to a class of dwellings— a the billing authority may not make a determination under section 12(3) or (4) in relation to that class, and b any determination that has been made under section 12(3) or (4) ceases to have effect in relation to that class. 7 A billing authority may make a determination varying or revoking a determination under this section for a financial year, but only before the beginning of the year. 8 Where a billing authority makes a determination under this section it must publish a notice of the determination in at least one newspaper circulating in its area. 9 The notice must be published before the end of the period of 21 days beginning with the date of the determination. 10 The validity of a determination is not affected by a failure to comply with subsection (8) or (9). 11 For the purposes of this section, a dwelling is a “long-term empty dwelling” on any day if for a continuous period of at least 1 year ending with that day— a it has been unoccupied, and b it has been substantially unfurnished. 12 In determining whether a dwelling is a long-term empty dwelling, no account is to be taken of— a any period which pre-dates the coming into force of this section; b any one or more periods of not more than 6 weeks during which one or both of the conditions in subsection (11) are not met. 13 The Welsh Ministers may by regulations— a substitute a different percentage limit for the limit which is for the time being specified in subsection (1)(b); b substitute a different period, of not less than 1 year, for the period which is for the time being specified in subsection (11); c substitute a different period, of not less than 6 weeks, for the period which is for the time being specified in subsection (12)(b). 14 A statutory instrument containing regulations made under subsection (13)(a) or (b) may not be made unless a draft of the instrument has been laid before, and approved by resolution of, the National Assembly for Wales. 15 Any other statutory instrument containing regulations made under this section is subject to annulment in pursuance of a resolution of the National Assembly for Wales. Higher amount for dwellings occupied periodically: Wales 12B 1 For any financial year, a billing authority in Wales may by determination provide in relation to its area that if on any day the conditions mentioned in subsection (2) are satisfied in respect of a dwelling— a the discount under section 11(2)(a) does not apply, and b the amount of council tax payable in respect of that dwelling and that day is increased by such percentage of not more than 100 as it may specify in the determination. 2 The conditions are— a there is no resident of the dwelling, and b the dwelling is substantially furnished. 3 But a billing authority's first determination under this section must be made at least one year before the beginning of the financial year to which it relates. 4 In exercising its functions under this section a billing authority must have regard to any guidance issued by the Welsh Ministers. 5 The Welsh Ministers may by regulations prescribe one or more classes of dwelling in relation to which a billing authority may not make a determination under this section. 6 A class of dwellings may be prescribed under subsection (5) by reference to such factors as the Welsh Ministers think fit and may, amongst other factors, be prescribed by reference to— a the physical characteristics of, or other matters relating to, dwellings; b the circumstances of, or other matters relating to, any person who is liable to the amount of council tax concerned. 7 Where a determination under this section has effect in relation to a class of dwellings— a the billing authority may not make a determination under section 12(3) or (4) in relation to that class, and b any determination that has been made under section 12(3) or (4) ceases to have effect in relation to that class. 8 A billing authority may make a determination varying or revoking a determination under this section for a financial year, but only before the beginning of the year. 9 Where a billing authority makes a determination under this section it must publish a notice of the determination in at least one newspaper circulating in its area. 10 The notice must be published before the end of the period of 21 days beginning with the date of the determination. 11 The validity of a determination is not affected by a failure to comply with subsection (9) or (10). 12 The Welsh Ministers may by regulations specify a different percentage limit for the limit which is for the time being specified in subsection (1)(b). 13 A statutory instrument containing regulations made under subsection (12) may not be made unless a draft of the instrument has been laid before, and approved by resolution of, the National Assembly for Wales. 14 Any other statutory instrument containing regulations made under this section is subject to annulment in pursuance of a resolution of the National Assembly for Wales. 3 Part 4 of Schedule 3 makes consequential amendments relating to this Part. PART 8 AMENDMENT OF THE LEASEHOLD REFORM, HOUSING AND URBAN DEVELOPMENT ACT 1993 Amendment of the Leasehold Reform, Housing and Urban Development Act 1993 140 1 In section 99(5) of the Leasehold Reform, Housing and Urban Development Act 1993 (requirement for notices under Act to be signed by tenants or tenant personally) for paragraphs (a) and (b) substitute “ be signed by or on behalf of each of the tenants, or (as the case may be) by or on behalf of the tenant, by whom it is given. ” 2 Accordingly, the Leasehold Reform (Amendment) Act 2014 is repealed. PART 9 MISCELLANEOUS AND GENERAL Miscellaneous Minor amendments to the Mobile Homes (Wales) Act 2013 141 Part 5 of Schedule 3 makes minor amendments to the Mobile Homes (Wales) Act 2013. General Orders and regulations 142 1 A power to make an order or regulations under this Act is to be exercised by statutory instrument. 2 A power to make an order or regulations under this Act includes power— a to make different provision for different cases or classes of case, different areas or different purposes; b to make different provision generally or subject to specified exemptions or exceptions or only in relation to specific cases or classes of case; c to make such incidental, supplementary, consequential, transitory, transitional or saving provision as the person making the order or regulations considers appropriate. 3 A statutory instrument containing any of the following may not be made unless a draft of the instrument has been laid before, and approved by resolution of, the National Assembly for Wales— a in Part 1— i an order made under section 2(1)(c), 3, 5(f), 6(3), 7(4), 8(f), 10(4)(d), 12(3)(d), 14(3), 20(7) or 29(5); ii regulations made under section 19(2); b in Part 2— i an order made under section 57(4), 59(3), 72, 80(5)(b)(i), 80(8) or 81(4); ii regulations made under section 78(1) or 86(1) and regulations made by the Welsh Ministers under paragraph 1 of Schedule 2; c in Part 3, an order made under section 101 or 109; d in this Part, regulations made under section 144 which amend or repeal any provision of an Act of Parliament or a Measure or Act of the National Assembly for Wales. 4 Any other statutory instrument containing an order or regulations made by the Welsh Ministers under this Act other than an order made under section 40(7) is subject to annulment in pursuance of a resolution of the National Assembly for Wales. 5 A statutory instrument containing an order made under section 80(5)(b)(ii) may not be made unless a draft of the instrument has been laid before, and approved by resolution of— a each House of Parliament, and b the National Assembly for Wales. 6 A statutory instrument containing regulations made by the Secretary of State under paragraph 1 of Schedule 2 may not be made unless a draft of the instrument has been laid before, and approved by resolution of, each House of Parliament. 7 This section does not apply to an order made under section 145 (commencement). Meaning of local housing authority 143 In this Act “ local housing authority ” means the council of a county or county borough in Wales, and it has an extended meaning for the purposes of Part 2 (see section 99). Power to make consequential and transitional provision etc 144 1 If the Welsh Ministers consider it necessary or expedient for the purpose of, or in consequence of, giving full effect to any provision of this Act, they may by regulations make— a any supplementary, incidental or consequential provision, and b any transitional or saving provision. 2 Regulations under this section may (among other things) amend, repeal or revoke any enactment. 3 In this section “ enactment ” means an enactment (whenever enacted or made) comprised in, or in an instrument made under— a an Act of Parliament, b a Measure or an Act of the National Assembly for Wales (including a provision of this Act). Commencement 145 1 The following provisions come into force on the day on which this Act receives Royal Assent— a section 142; b section 143; c this section; d section 146. 2 Sections 132 to 136 in Part 5 (Housing Finance) come into force after the end of the period of 2 months beginning with the day on which this Act receives Royal Assent. 3 The remaining provisions of this Act are to come into force on a day appointed by the Welsh Ministers in an order made by statutory instrument. 4 An order under this section may— a appoint different days for different purposes; b include such transitory, transitional or saving provision as the Welsh Ministers consider appropriate. Short title 146 The short title of this Act is the Housing (Wales) Act 2014. SCHEDULE 1 REGISTER OF PRIVATE RENTED HOUSING (introduced by section 14) PART 1 CONTENT OF REGISTER Landlords 1 An entry in the register relating to a landlord must record the following— a the name of the landlord; b if the landlord is a body corporate, the address of the landlord's registered or principal office; c the address of each rental property in the licensing authority's area for which the landlord is the landlord; d the name and licence number of any person appointed by the landlord to carry out lettings work or property management work on behalf of the landlord and the address of each rental property to which the appointment relates; e the landlord's registration number; f the date the landlord was registered; g where a licence has been granted to the landlord— i the date the licence was granted or is renewed; ii the licence number; iii whether the licence has been amended under section 24; and if it has the date the amendment took effect; iv whether the licence has expired without being renewed, or has been revoked; and if it has the date of expiry or revocation; h where an application by the landlord for a licence has been refused by the licensing authority— i the date of the refusal; ii whether the refusal was appealed under section 27; i where the licensing authority's refusal of an application was appealed, if the tribunal or court confirmed the authority's decision, the date of that decision; j where a residential property tribunal has made a rent stopping order (see section 30) in respect of a rental property for which the landlord is the landlord— i that such an order has been made; ii the date the order took effect; iii the date on which the order ceased to have effect (see section 31). Agents 2 An entry in the register for a person licensed to carry out lettings work and property management work on behalf of a landlord must record the following— a the name of the person; b the correspondence address of the person; c if the person is a body corporate, the address of the person's registered or principal office; d if the person is carrying out lettings work and property management work on behalf of a landlord in the course of a business, the address of any premises in the area of the licensing authority used for that purpose; e where a licence has been granted to the person by the licensing authority— i the date the licence was granted; ii the licence number; iii whether the licence has been amended under section 24; and if so the date on which the amendment took effect; f where an application by the person for a licence has been refused by the licensing authority— i the date of the refusal; ii whether the refusal was appealed under section 27; g where the licensing authority's refusal of an application was appealed, if the tribunal or court confirmed the authority's decision, the date of that decision. PART 2 ACCESS TO REGISTER 3 1 A licensing authority must notify a person of the information mentioned in sub-paragraph (2) if that person makes a request for the information and provides the authority with the address of a rental property which is on its register. 2 The information is— a the name of the landlord of the property and the name of any person appointed to carry out lettings work and property management work on behalf of the landlord in relation to the property; b whether the landlord or person appointed to carry out lettings work and property management work on behalf of the landlord (as applicable) is licensed; c if a rent stopping order under section 30 is in effect in relation to the property, that such an order is in effect. 4 1 A licensing authority must notify a person of the information mentioned in sub-paragraph (2) if that person makes a request for the information and provides the authority with— a the name of a landlord of a rental property in an area for which the authority is the licensing authority, or b the name of a person appointed to carry out lettings work and property management work on behalf of the landlord in relation to any such property. 2 The information is— a whether the landlord is registered; b whether the landlord or person appointed to carry out lettings work and property management work on behalf of the landlord (as applicable) is licensed. 5 1 A licensing authority must notify a person of the information mentioned in sub-paragraph (2) if that person requests the information and provides the authority with— a the registration number or licence number of a landlord of a rental property in the area for which the authority is the licensing authority, or b the licence number of a person appointed to carry out lettings work and property management work on behalf of a landlord in relation to any such property. 2 The information is— a the name of the landlord and any person appointed to carry out lettings work and property management work on behalf of the landlord (as applicable); b whether the landlord is registered; c whether the landlord or any person appointed to carry out lettings work and property management work on behalf of the landlord (as applicable) is licensed. SCHEDULE 2 ELIGIBILITY FOR HELP UNDER CHAPTER 2 OF PART 2 (introduced by section 61) Persons not eligible for help 1 1 A person is not eligible for help under section 66, 68, 73 or 75 if he or she is a person from abroad who is ineligible for housing assistance. 2 A person who is subject to immigration control within the meaning of the Asylum and Immigration Act 1996 is not eligible for housing assistance unless the person falls within a class of persons prescribed by regulations made by the Welsh Ministers or the Secretary of State. 3 No person who is excluded from entitlement to universal credit or housing benefit by section 115 of the Immigration and Asylum Act 1999 (exclusion from benefits) may be included in any class prescribed under sub-paragraph (2). 4 The Welsh Ministers or the Secretary of State may by regulations provide for other descriptions of persons who are to be treated for the purposes of Chapter 2 of Part 2 as persons from abroad who are ineligible for housing assistance. 5 A person who is not eligible for housing assistance is to be disregarded in determining for the purposes of Chapter 2 of Part 2 whether a person falling within sub-paragraph (6)— a is homeless or threatened with homelessness, or b has a priority need for accommodation. 6 A person falls within this subsection if the person— a falls within a class prescribed by regulations made under sub-paragraph (2), and b is not a person who, immediately before IP completion day, was— i a national of an EEA State or Switzerland, and ii within a class prescribed by regulations made under sub-paragraph (2) which had effect at that time. Asylum-seekers and their dependants: transitional provision 2 1 Until the commencement of the repeal of section 186 of the Housing Act 1996 (asylum-seekers and their dependants), that section applies to Chapter 2 of Part 2 of this Act as it applies to Part 7 of that Act. 2 For this purpose, in section 186 of the Housing Act 1996— a the reference to section 185 of that Act is to be interpreted as a reference to paragraph 1, and b the reference to “this Part” is to be interpreted as a reference to Chapter 2 of Part 2 of this Act and not Part 7 of that Act. Provision of information by Secretary of State 3 1 The Secretary of State must, at the request of a local housing authority, provide the authority with such information as it may require— a as to whether a person is a person to whom section 115 of the Immigration and Asylum Act 1999 (exclusion from benefits) applies, and b to enable it to determine whether such a person is eligible for help under Chapter 2 of Part 2. 2 Where that information is given otherwise than in writing, the Secretary of State must confirm it in writing if a written request is made to the Secretary of State by the authority. 3 If it appears to the Secretary of State that any application, decision or other change of circumstances has affected the status of a person about whom information was previously provided to a local housing authority under this paragraph, the Secretary of State must inform the authority in writing of that fact, the reason for it and the date on which the previous information became inaccurate. SCHEDULE 3 MINOR AND CONSEQUENTIAL AMENDMENTS (as introduced by sections, 100, 110, 130, 139 and 141) PART 1 HOMELESSNESS Housing Act 1985 1 In paragraph 4 of Schedule 1 to the Housing Act 1985 (tenancies which are not secure tenancies), after “(homelessness)” insert “ or Part 2 of the Housing (Wales) Act 2014 (homelessness) ” . Housing Act 1996 2 The Housing Act 1996 is amended as follows. 3 In section 167 (allocation of housing accommodation in accordance with allocation scheme: Wales)— a in subsection (2)— i in paragraph (a), for “(within the meaning of Part 7)” substitute “ (within the meaning of Part 2 of the Housing (Wales) Act 2014) ” ; ii for paragraph (b) substitute— b people who are owed any duty by a local housing authority under section 66, 73 or 75 of the Housing (Wales) Act 2014; b in subsection (2ZA), for “Part 7” substitute “ Part 2 of the Housing (Wales) Act 2014 ” ; c in subsection (2A)(c), for “section 199” substitute “ section 81 of the Housing (Wales) Act 2014 ” . 4 In the Part title of Part 7 (homelessness), after “Homelessness” insert “ : England ” . 5 In subsection (1) of section 179 (duty of local housing authority to provide advisory services), after “local housing authority” insert “ in England ” . 6 In subsection (1) of section 180 (assistance for voluntary organisations), after “local housing authority” insert “ in England ” . 7 In subsection (1) of section 182 (guidance by the Secretary of State), after “social services authority” insert “ in England ” . 8 In subsection (1) of section 183 (application for assistance), after “local housing authority” insert “ in England ” . 9 In subsection (1) of section 187 (provision of information by Secretary of State), after “local housing authority” insert “ in England ” . 10 In section 193 (duty to persons with priority need who are not homeless intentionally)— a in subsection (10), for “appropriate authority” substitute “ Secretary of State ” ; b omit subsection (12). 11 In section 198 (referral of case to another local housing authority)— a after subsection (4) insert— 4A Subsection (4) is to be construed, in a case where the other authority is an authority in Wales, as if the reference to “this Part” were a reference to Part 2 of the Housing (Wales) Act 2014. b in subsection (5), after “case” insert “ which does not involve a referral to a local housing authority in Wales ” ; c after that subsection, insert— 5A The question whether the conditions for referral of a case involving a referral to a local housing authority in Wales shall be decided by agreement between the notifying authority and the notified authority or, in default of agreement, in accordance with such arrangements as the Secretary of State and the Welsh Ministers may jointly direct by order. ; d in subsection (6)(b), after “Secretary of State” insert “ or, in the case of an order under subsection (5A), to the Secretary of State and the Welsh Ministers ” ; e in subsection (7)— i for “No such order shall” substitute “ An order under this section shall not ” ; and ii at the end, insert “ and, in the case of a joint order, a resolution of the National Assembly for Wales ” . 12 In subsection (4) of section 200 (duties to applicant whose case is considered for referral or referred)— a after “met” insert “ and the notified authority is not an authority in Wales ” , and b at the end, insert “ ; for provision about cases where it is decided that those conditions are met and the notified authority is an authority in Wales, see section 83 of the Housing (Wales) Act 2014 (cases referred from a local housing authority in England) ” . 13 After section 201 (application of referral provisions to cases arising in Scotland) insert— Cases referred from a local housing authority in Wales 201A 1 This section applies where an application has been referred by a local housing authority in Wales to a local housing authority in England under section 80 of the Housing (Wales) Act 2014 (referral of case to another local housing authority). 2 If it is decided that the conditions in that section for referral of the case are met, the notified authority are subject to the duty under section 193 of this Act in respect of the person whose case is referred (the main housing duty); for provision about cases where it is decided that the conditions for referral are not met, see section 82 of the Housing (Wales) Act 2014 (duties to applicant whose case is considered for referral or referred). 3 References in this Part to an applicant include a reference to a person to whom a duty is owed by virtue of subsection (2). 14 In subsection (1) of section 213 (co-operation between relevant housing authorities and bodies), after “local housing authority” insert “ in England ” . Homelessness Act 2002 15 The Homelessness Act 2002 is amended as follows. 16 In the cross-heading above section 1, after “strategies” insert “ : England ” . 17 In section 1 (duty of local housing authority to formulate a homelessness strategy)— a in subsections (1) and (5), after “local housing authority” insert “ in England ” ; b in the heading, after “local housing authority” insert “ in England ” . 18 In subsection (7A) of section 3 (homelessness strategies), omit “in England”. Mental Health (Wales) Measure 2010 19 In subsection (1)(a) of section 50 of the Mental Health (Wales) Measure 2010 (meaning of housing or well-being services), for “Part 7 of that Act” substitute “ Part 2 of the Housing (Wales) Act 2014 ” . Legal Aid, Sentencing and Punishment of Offenders Act 2012 20 1 The Legal Aid, Sentencing and Punishment of Offenders Act 2012 is amended as follows. 2 In paragraph 34 of Part 1 of Schedule 1 (homelessness)— a in sub-paragraph (1), after paragraph (b) insert— c Part 2 of the Housing (Wales) Act 2014 (homelessness). ; b in sub-paragraph (3) for “as in section 175 of the Housing Act 1996” substitute — a as in section 175 of the Housing Act 1996 in cases where sub-paragraph (1) applies in relation to the provision of accommodation and assistance under— i Part 6 of that Act as it relates to England; ii Part 7 of that Act; b as in section 55 of the Housing (Wales) Act 2014 in cases where sub-paragraph (1) applies in relation to the provision of accommodation and assistance under— i Part 6 of the Housing Act 1996 as it relates to Wales; ii Part 2 of the Housing (Wales) Act 2014. Prevention of Social Housing Fraud Act 2013 21 In subsection (7)(d) of section 7 of the Prevention of Social Housing Fraud Act 2013 (regulations about powers to require information), after “Housing Act 1996” insert “ or under Part 2 of the Housing (Wales) Act 2014 ” . Social Services and Well-being (Wales) Act 2014 22 1 The Social Services and Well-being (Wales) Act 2014 is amended as follows. 2 In paragraph (a) of section 48 (exception for provision of housing etc), for “Housing Act 1996” substitute “ Housing (Wales) Act 2014 ” . 3 In the table in Schedule 2 (social services functions)— a omit the entry for the Housing Act 1996; b after the entry for the Care Act 2014 insert— Housing (Wales) Act 2014 Section 95(2), (3) and (4); but only where those functions apply by virtue of subsection (5)(b) of that section. Co-operation and information sharing in relation to homeless persons and persons threatened with homelessness. PART 2 GYPSIES AND TRAVELLERS Local Government Act 2003 23 1 The definition of “housing” in subsection (4) of section 87 of the Local Government Act 2003 (housing strategies and statements) is amended as follows— a omit the words “section 225 of the Housing Act 2004”, and b after “of” where it first occurs insert— a section 225 of the Housing Act 2004, in the case of a local housing authority in England; b Part 3 of the Housing (Wales) Act 2014, in the case of a local housing authority in Wales. Housing Act 2004 24 1 The Housing Act 2004 is amended as follows. 2 In section 225 (duties of local housing authorities: accommodation needs of Gypsies and Travellers)— a in subsection (1), after “local housing authority” insert “ in England ” , b in subsection (2), after “local housing authority” insert “ in England ” , c in the definition of “gypsies and travellers” in subsection (5), for “appropriate national authority” substitute “ Secretary of State ” , and d in the heading, after “local housing authorities” insert “ in England ” . 3 In subsection (1) of section 226 (guidance in relation to section 225)— a for “appropriate national authority” substitute “ Secretary of State ” , and b after “local housing authorities” where it first occurs insert “ in England ” . Housing (Assessment of Accommodation Needs) (Meaning of Gypsies and Travellers) (Wales) Regulations 2007 ( S.I. 2007/3235) 25 The Housing (Assessment of Accommodation Needs) (Meaning of Gypsies and Travellers) (Wales) Regulations 2007 (S.I. 2007/3235) are revoked. Mobile Homes (Wales) Act 2013 26 1 The Mobile Homes (Wales) Act 2013 is amended as follows. 2 In the definition of “Gypsies and Travellers” in section 62 (other interpretation), for the words from “persons” where it first occurs to the end substitute — a persons of a nomadic habit of life, whatever their race or origin, including— i persons who, on grounds only of their own or their family's or dependant's educational needs or old age, have ceased to travel temporarily or permanently, and ii members of an organised group of travelling show people or circus people (whether or not travelling together as such); and b all other persons with a cultural tradition of nomadism or of living in a mobile home; . 3 In sub-paragraph (1) of paragraph 10 of Schedule 1 (travelling showmen), after “a” where it first occurs insert “ non-local authority owned ” . PART 3 STANDARDS FOR SOCIAL HOUSING Housing Act 1985 27 In section 24 (rents for occupation of local housing authority houses) of the Housing Act 1985— a omit subsections (3) and (4); b after subsection (5), insert— 6 In exercising its functions under this section, a local housing authority in Wales must— a comply with any standards relating to rent or service charges which are set for it under section 111 of the Housing (Wales) Act 2014, and b have regard to any guidance relating to rent or service charges which is issued under section 112 of that Act. Housing Act 1996 28 1 The Housing Act 1996 is amended as follows. 2 In section 33A (standards of performance to be met by registered social landlords) after subsection (2), insert— 2A Standards set under subsection (1) may require registered social landlords to comply with rules specified in the standards. 2B The Welsh Ministers may— a revise the standards by issuing further standards under this section; b withdraw the standards by issuing further standards under this section or by notice. 2C The Welsh Ministers must publish any standards or notice under this section. 3 In section 33B (guidance from Welsh Ministers on standards for registered social landlords)— a for subsection (3) substitute— 3 The Welsh Ministers may— a revise the guidance by issuing further guidance under this section; b withdraw the guidance by issuing further guidance under this section or by notice. b for subsection (4) substitute— 4 The Welsh Ministers must publish any guidance or notice under this section. 4 In section 33C (consultation before setting standards for registered social landlords or issuing guidance on standards), after “setting” insert “ , revising or withdrawing ” . PART 4 COUNCIL TAX FOR CERTAIN TYPES OF DWELLING Local Government Finance Act 1992 29 1 The Local Government Finance Act 1992 is amended as follows. 2 In section 11(2) (discounts), for “and 12” substitute “ , 12, 12A and 12B ” . 3 In section 12 (discounts: special provision for Wales), after subsection (4) insert— 4A Subsections (3) and (4) are subject to section 12A(6) and 12B(7). 4 In section 13(3) (reduced amounts), for “or 12” substitute “ , 12, 12A or 12B ” . 5 In section 66(2)(b) (judicial review), for “or 12” substitute “ , 12, 12A or 12B ” . 6 In section 67(2)(a) (functions to be discharged only by authority), for “or 12” substitute “ , 12, 12A or 12B ” . 7 In Schedule 2 (administration), in paragraph 4(7) for “(higher amount of tax for empty dwellings)” substitute “ (higher amount of tax for empty dwellings: England), 12A(1)(b) (higher amount of tax for empty dwellings: Wales) or 12B(1)(b) (higher amount of tax for dwellings occupied periodically: Wales) ” . PART 5 AMENDMENTS TO THE MOBILE HOMES (WALES) ACT 2013 30 1 The Mobile Homes (Wales) Act 2013 is amended as follows. 2 In section 29(3) (decision whether a person is fit and proper to manage a site), for paragraph (b) substitute— b practised unlawful discrimination or harassment on the grounds of any characteristic which is a protected characteristic under section 4 of the Equality Act 2010, or victimised another person contrary to that Act, in or in connection with the carrying on of any business, or . 3 In section 33 (repayment orders)— a omit subsection (7); b in subsection (8) for “(11)” substitute “ (10) ” ; c in subsection (9)(c) for “at any time” substitute “ previously ” . 4 In section 39(1) (interpretation of Part 2) omit the definition of “fire and rescue authority” and insert it into section 62 (other interpretation) at the appropriate place. 5 In section 49(4) (particulars of mobile home agreements) for “Act” substitute “ Part ” . 6 In section 53(4) (successors in title) for “Act” substitute “ Part ” . 7 In section 61(7) (meaning of “qualifying residents' association”) omit the definitions of “arbitration agreement” and “tribunal”. 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Pt. 2 S. 3 in force at 1.12.2014 for specified purposes by S.I. 2014/3127 , art. 2(b) , Sch. Pt. 2 S. 5 in force at 1.12.2014 for specified purposes by S.I. 2014/3127 , art. 2(b) , Sch. Pt. 2 S. 6 in force at 1.12.2014 for specified purposes by S.I. 2014/3127 , art. 2(b) , Sch. Pt. 2 S. 7 in force at 1.12.2014 for specified purposes by S.I. 2014/3127 , art. 2(b) , Sch. Pt. 2 S. 8 in force at 1.12.2014 for specified purposes by S.I. 2014/3127 , art. 2(b) , Sch. Pt. 2 S. 10 in force at 1.12.2014 for specified purposes by S.I. 2014/3127 , art. 2(b) , Sch. Pt. 2 S. 12 in force at 1.12.2014 for specified purposes by S.I. 2014/3127 , art. 2(b) , Sch. Pt. 2 S. 14 in force at 1.12.2014 for specified purposes by S.I. 2014/3127 , art. 2(b) , Sch. Pt. 2 S. 15 in force at 1.12.2014 for specified purposes by S.I. 2014/3127 , art. 2(b) , Sch. Pt. 2 S. 16 in force at 1.12.2014 for specified purposes by S.I. 2014/3127 , art. 2(b) , Sch. 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Pt. 1 S. 101 in force at 25.2.2015 by S.I. 2015/380 , art. 2(a) S. 102 in force at 25.2.2015 by S.I. 2015/380 , art. 2(b) S. 105 in force at 25.2.2015 by S.I. 2015/380 , art. 2(c) S. 106 in force at 25.2.2015 in so far as not already in force by S.I. 2015/380 , art. 2(d) S. 107 in force at 25.2.2015 by S.I. 2015/380 , art. 2(e) S. 108 in force at 25.2.2015 by S.I. 2015/380 , art. 2(f) S. 109 in force at 25.2.2015 by S.I. 2015/380 , art. 2(g) S. 110 in force at 25.2.2015 by S.I. 2015/380 , art. 2(h) Sch. 3 para. 23 in force at 25.2.2015 by S.I. 2015/380 , art. 2(h) Sch. 3 para. 24 in force at 25.2.2015 by S.I. 2015/380 , art. 2(h) Sch. 3 para. 25 in force at 25.2.2015 by S.I. 2015/380 , art. 2(h) Sch. 3 para. 26 in force at 25.2.2015 by S.I. 2015/380 , art. 2(h) S. 50 in force at 27.4.2015 in so far as not already in force by S.I. 2015/1272 , art. 2 , Sch. para. 1 S. 51 in force at 27.4.2015 by S.I. 2015/1272 , art. 2 , Sch. para. 2 S. 52 in force at 27.4.2015 by S.I. 2015/1272 , art. 2 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27.4.2015 by S.I. 2015/1272 , art. 2 , Sch. para. 16 S. 66 in force at 27.4.2015 by S.I. 2015/1272 , art. 2 , Sch. para. 17 S. 67 in force at 27.4.2015 by S.I. 2015/1272 , art. 2 , Sch. para. 18 S. 68 in force at 27.4.2015 by S.I. 2015/1272 , art. 2 , Sch. para. 19 S. 69 in force at 27.4.2015 by S.I. 2015/1272 , art. 2 , Sch. para. 20 S. 70 in force at 27.4.2015 by S.I. 2015/1272 , art. 2 , Sch. para. 21 S. 71 in force at 27.4.2015 by S.I. 2015/1272 , art. 2 , Sch. para. 22 S. 72 in force at 27.4.2015 in so far as not already in force by S.I. 2015/1272 , art. 2 , Sch. para. 23 S. 73 in force at 27.4.2015 by S.I. 2015/1272 , art. 2 , Sch. para. 24 S. 74 in force at 27.4.2015 by S.I. 2015/1272 , art. 2 , Sch. para. 25 S. 75(1) (2) (4) in force at 27.4.2015 by S.I. 2015/1272 , art. 2 , Sch. para. 26 (with art. 6 ) S. 76 in force at 27.4.2015 by S.I. 2015/1272 , art. 2 , Sch. para. 27 S. 77 in force at 27.4.2015 by S.I. 2015/1272 , art. 2 , Sch. para. 28 S. 78(2) in force at 27.4.2015 for specified purposes by S.I. 2015/1272 , art. 2 , Sch. para. 29 S. 79 in force at 27.4.2015 by S.I. 2015/1272 , art. 2 , Sch. para. 30 S. 80 in force at 27.4.2015 in so far as not already in force by S.I. 2015/1272 , art. 2 , Sch. para. 31 S. 81 in force at 27.4.2015 in so far as not already in force by S.I. 2015/1272 , art. 2 , Sch. para. 32 S. 82 in force at 27.4.2015 by S.I. 2015/1272 , art. 2 , Sch. para. 33 S. 83 in force at 27.4.2015 by S.I. 2015/1272 , art. 2 , Sch. para. 34 S. 84 in force at 27.4.2015 by S.I. 2015/1272 , art. 2 , Sch. para. 35 S. 85 in force at 27.4.2015 by S.I. 2015/1272 , art. 2 , Sch. para. 36 S. 86 in force at 27.4.2015 in so far as not already in force by S.I. 2015/1272 , art. 2 , Sch. para. 37 S. 87 in force at 27.4.2015 by S.I. 2015/1272 , art. 2 , Sch. para. 38 S. 88 in force at 27.4.2015 by S.I. 2015/1272 , art. 2 , Sch. para. 39 S. 89 in force at 27.4.2015 by S.I. 2015/1272 , art. 2 , Sch. para. 40 S. 90 in force at 27.4.2015 by S.I. 2015/1272 , art. 2 , Sch. para. 41 S. 91 in force at 27.4.2015 by S.I. 2015/1272 , art. 2 , Sch. para. 42 S. 92 in force at 27.4.2015 by S.I. 2015/1272 , art. 2 , Sch. para. 43 S. 93 in force at 27.4.2015 by S.I. 2015/1272 , art. 2 , Sch. para. 44 S. 94 in force at 27.4.2015 by S.I. 2015/1272 , art. 2 , Sch. para. 45 S. 95 in force at 27.4.2015 in so far as not already in force by S.I. 2015/1272 , art. 2 , Sch. para. 46 S. 96 in force at 27.4.2015 by S.I. 2015/1272 , art. 2 , Sch. para. 47 S. 97 in force at 27.4.2015 by S.I. 2015/1272 , art. 2 , Sch. para. 48 S. 98 in force at 27.4.2015 in so far as not already in force by S.I. 2015/1272 , art. 2 , Sch. para. 49 S. 99 in force at 27.4.2015 in so far as not already in force by S.I. 2015/1272 , art. 2 , Sch. para. 50 S. 100 in force at 27.4.2015 by S.I. 2015/1272 , art. 2 , Sch. para. 51 Sch. 2 para. 1 in force at 27.4.2015 in so far as not already in force by S.I. 2015/1272 , art. 2 , Sch. para. 52 (with art. 5 ) Sch. 2 para. 2 in force at 27.4.2015 by S.I. 2015/1272 , art. 2 , Sch. para. 52 (with art. 5 ) Sch. 2 para. 3 in force at 27.4.2015 by S.I. 2015/1272 , art. 2 , Sch. para. 52 (with art. 5 ) Sch. 3 para. 1 in force at 27.4.2015 by S.I. 2015/1272 , art. 2 , Sch. para. 53 (with art. 7 ) Sch. 3 para. 2 in force at 27.4.2015 by S.I. 2015/1272 , art. 2 , Sch. para. 53 (with art. 7 ) Sch. 3 para. 3 in force at 27.4.2015 by S.I. 2015/1272 , art. 2 , Sch. para. 53 (with art. 7 ) Sch. 3 para. 4 in force at 27.4.2015 by S.I. 2015/1272 , art. 2 , Sch. para. 53 (with art. 7 ) Sch. 3 para. 5 in force at 27.4.2015 by S.I. 2015/1272 , art. 2 , Sch. para. 53 (with art. 7 ) Sch. 3 para. 6 in force at 27.4.2015 by S.I. 2015/1272 , art. 2 , Sch. para. 53 (with art. 7 ) Sch. 3 para. 7 in force at 27.4.2015 by S.I. 2015/1272 , art. 2 , Sch. para. 53 (with art. 7 ) Sch. 3 para. 8 in force at 27.4.2015 by S.I. 2015/1272 , art. 2 , Sch. para. 53 (with art. 7 ) Sch. 3 para. 9 in force at 27.4.2015 by S.I. 2015/1272 , art. 2 , Sch. para. 53 (with art. 7 ) Sch. 3 para. 10 in force at 27.4.2015 by S.I. 2015/1272 , art. 2 , Sch. para. 53 (with art. 7 ) Sch. 3 para. 11 in force at 27.4.2015 by S.I. 2015/1272 , art. 2 , Sch. para. 53 (with art. 7 ) Sch. 3 para. 12 in force at 27.4.2015 by S.I. 2015/1272 , art. 2 , Sch. para. 53 (with art. 7 ) Sch. 3 para. 13 in force at 27.4.2015 by S.I. 2015/1272 , art. 2 , Sch. para. 53 (with art. 7 ) Sch. 3 para. 14 in force at 27.4.2015 by S.I. 2015/1272 , art. 2 , Sch. para. 53 (with art. 7 ) Sch. 3 para. 15 in force at 27.4.2015 by S.I. 2015/1272 , art. 2 , Sch. para. 53 (with art. 7 ) Sch. 3 para. 16 in force at 27.4.2015 by S.I. 2015/1272 , art. 2 , Sch. para. 53 (with art. 7 ) Sch. 3 para. 17 in force at 27.4.2015 by S.I. 2015/1272 , art. 2 , Sch. para. 53 (with art. 7 ) Sch. 3 para. 18 in force at 27.4.2015 by S.I. 2015/1272 , art. 2 , Sch. para. 53 (with art. 7 ) Sch. 3 para. 19 in force at 27.4.2015 by S.I. 2015/1272 , art. 2 , Sch. para. 53 (with art. 7 ) Sch. 3 para. 20 in force at 27.4.2015 by S.I. 2015/1272 , art. 2 , Sch. para. 53 (with art. 7 ) Sch. 3 para. 21 in force at 27.4.2015 by S.I. 2015/1272 , art. 2 , Sch. para. 53 (with art. 7 ) Sch. 3 para. 22 in force at 27.4.2015 by S.I. 2015/1272 , art. 2 , Sch. para. 53 (with art. 7 ) S. 78 in force at 1.7.2015 in so far as not already in force by S.I. 2015/1272 , art. 3 (with art. 7 ) S. 1 in force at 23.11.2015 by S.I. 2015/1826 , art. 2(a) S. 2 in force at 23.11.2015 in so far as not already in force by S.I. 2015/1826 , art. 2(b) S. 3 in force at 23.11.2015 in so far as not already in force by S.I. 2015/1826 , art. 2(c) S. 14 in force at 23.11.2015 in so far as not already in force by S.I. 2015/1826 , art. 2(d) Sch. 1 para. 1 in force at 23.11.2015 by S.I. 2015/1826 , art. 2(d) Sch. 1 para. 2 in force at 23.11.2015 by S.I. 2015/1826 , art. 2(d) Sch. 1 para. 3 in force at 23.11.2015 by S.I. 2015/1826 , art. 2(d) Sch. 1 para. 4 in force at 23.11.2015 by S.I. 2015/1826 , art. 2(d) Sch. 1 para. 5 in force at 23.11.2015 by S.I. 2015/1826 , art. 2(d) S. 15 in force at 23.11.2015 in so far as not already in force by S.I. 2015/1826 , art. 2(e) S. 16 in force at 23.11.2015 in so far as not already in force by S.I. 2015/1826 , art. 2(f) S. 17 in force at 23.11.2015 by S.I. 2015/1826 , art. 2(g) S. 18 in force at 23.11.2015 by S.I. 2015/1826 , art. 2(h) S. 19 in force at 23.11.2015 in so far as not already in force by S.I. 2015/1826 , art. 2(i) S. 20 in force at 23.11.2015 in so far as not already in force by S.I. 2015/1826 , art. 2(j) S. 21 in force at 23.11.2015 in so far as not already in force by S.I. 2015/1826 , art. 2(k) S. 22 in force at 23.11.2015 by S.I. 2015/1826 , art. 2(l) S. 23 in force at 23.11.2015 in so far as not already in force by S.I. 2015/1826 , art. 2(m) S. 24 in force at 23.11.2015 by S.I. 2015/1826 , art. 2(n) S. 25 in force at 23.11.2015 by S.I. 2015/1826 , art. 2(o) S. 26 in force at 23.11.2015 by S.I. 2015/1826 , art. 2(p) S. 27 in force at 23.11.2015 by S.I. 2015/1826 , art. 2(q) S. 36 in force at 23.11.2015 by S.I. 2015/1826 , art. 2(r) S. 37 in force at 23.11.2015 by S.I. 2015/1826 , art. 2(s) S. 38 in force at 23.11.2015 by S.I. 2015/1826 , art. 2(t) S. 39 in force at 23.11.2015 by S.I. 2015/1826 , art. 2(u) S. 45 in force at 23.11.2015 by S.I. 2015/1826 , art. 2(v) S. 47 in force at 23.11.2015 by S.I. 2015/1826 , art. 2(w) S. 48 in force at 23.11.2015 by S.I. 2015/1826 , art. 2(x) S. 49 in force at 23.11.2015 in so far as not already in force by S.I. 2015/1826 , art. 2(y) S. 103 in force at 16.3.2016 by S.I. 2016/266 , art. 2(a) S. 104 in force at 16.3.2016 by S.I. 2016/266 , art. 2(b) S. 139 in force at 1.4.2016 in so far as not already in force by S.I. 2015/2046 , art. 2 Sch. 3 para. 29 in force at 1.4.2016 in so far as not already in force by S.I. 2015/2046 , art. 2 S. 139 in force at 16.12.2015 for specified purposes by S.I. 2015/2046 , art. 2 Sch. 3 para. 29 in force at 16.12.2015 for specified purposes by S.I. 2015/2046 , art. 2 S. 4 in force at 23.11.2016 by S.I. 2016/1066 , art. 2 S. 5 in force at 23.11.2016 in so far as not already in force by S.I. 2016/1066 , art. 2 S. 6 in force at 23.11.2016 in so far as not already in force by S.I. 2016/1066 , art. 2 S. 7 in force at 23.11.2016 in so far as not already in force by S.I. 2016/1066 , art. 2 S. 8 in force at 23.11.2016 in so far as not already in force by S.I. 2016/1066 , art. 2 S. 9 in force at 23.11.2016 by S.I. 2016/1066 , art. 2 S. 10 in force at 23.11.2016 in so far as not already in force by S.I. 2016/1066 , art. 2 S. 11 in force at 23.11.2016 by S.I. 2016/1066 , art. 2 S. 12 in force at 23.11.2016 in so far as not already in force by S.I. 2016/1066 , art. 2 S. 13 in force at 23.11.2016 by S.I. 2016/1066 , art. 2 S. 28 in force at 23.11.2016 by S.I. 2016/1066 , art. 2 S. 29 in force at 23.11.2016 in so far as not already in force by S.I. 2016/1066 , art. 2 S. 30 in force at 23.11.2016 by S.I. 2016/1066 , art. 2 S. 31 in force at 23.11.2016 by S.I. 2016/1066 , art. 2 S. 32 in force at 23.11.2016 by S.I. 2016/1066 , art. 2 S. 33 in force at 23.11.2016 by S.I. 2016/1066 , art. 2 S. 34 in force at 23.11.2016 in so far as not already in force by S.I. 2016/1066 , art. 2 S. 35 in force at 23.11.2016 by S.I. 2016/1066 , art. 2 S. 40 in force at 23.11.2016 in so far as not already in force by S.I. 2016/1066 , art. 2 S. 41 in force at 23.11.2016 in so far as not already in force by S.I. 2016/1066 , art. 2 S. 42 in force at 23.11.2016 in so far as not already in force by S.I. 2016/1066 , art. 2 S. 43 in force at 23.11.2016 by S.I. 2016/1066 , art. 2 S. 44 in force at 23.11.2016 by S.I. 2016/1066 , art. 2 S. 46 in force at 23.11.2016 in so far as not already in force by S.I. 2016/1066 , art. 2 S. 131(1)-(3)(4)(a)(b) in force at 20.3.2019 by S.I. 2019/553 , art. 2 S. 41(2A) inserted (1.9.2019) by Renting Homes (Fees etc.) (Wales) Act 2019 (anaw 2) , ss. 21 , 30(2) (with s. 29 ); S.I. 2019/1150 , art. 2(b) S. 75(3) in force at 2.12.2019 by S.I. 2019/1479 , art. 2 Words in s. 70(1)(j)(i) inserted (1.12.2020) by Sentencing Act 2020 (c. 17) , s. 416(1) , Sch. 24 para. 307(1) (with Sch. 27 ); S.I. 2020/1236 , reg. 2 Words in s. 99 substituted (1.12.2020) by Sentencing Act 2020 (c. 17) , s. 416(1) , Sch. 24 para. 308(1) (with Sch. 27 ); S.I. 2020/1236 , reg. 2 Sch. 2 para. 1(6)(b) substituted (31.12.2020) by The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309) , regs. 1(2) , 21(2)(a) S. 101(3)(b) substituted (18.3.2021) by The Assessment of Accommodation Needs of Gypsies and Travellers (Extension of Review Period) (Wales) (Coronavirus) Order 2021 (S.I. 2021/340) , arts. 1(2) , 2(2) Words in s. 70(3) omitted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31) , s. 186(6) , Sch. 4 para. 226(3)(a)(i) ; S.I. 2022/734 , reg. 2(a) , Sch. (with regs. 13 , 29 , 30 ) Words in s. 70(3) inserted (1.7.2022) by Health and Care Act 2022 (c. 31) , s. 186(6) , Sch. 4 para. 226(3)(a)(ii) ; S.I. 2022/734 , reg. 2(a) , Sch. (with regs. 13 , 29 , 30 ) Words in s. 70(2)(d)(ii) substituted (1.7.2022) by Health and Care Act 2022 (c. 31) , s. 186(6) , Sch. 1 para. 32(a) ; S.I. 2022/734 , reg. 2(a) , Sch. (with regs. 13 , 29 , 30 ) Words in s. 70(2)(d)(ii) substituted (1.7.2022) by Health and Care Act 2022 (c. 31) , s. 186(6) , Sch. 4 para. 226(2)(a) ; S.I. 2022/734 , reg. 2(a) , Sch. (with regs. 13 , 29 , 30 ) S. 70(1)(k) inserted (24.10.2022) by The Homelessness (Priority Need and Intentionality) (Wales) Regulations 2022 (S.I. 2022/1069) , regs. 1(2) , 2 Words in s. 2(1) substituted (1.12.2022) by The Renting Homes (Wales) Act 2016 (Consequential Amendments) Regulations 2022 (S.I. 2022/1166) , regs. 1(1) , 34(2) S. 5(1) : s. 5 renumbered as s. 5(1) (1.12.2022) by The Renting Homes (Wales) Act 2016 (Consequential Amendments) Regulations 2022 (S.I. 2022/1166) , regs. 1(1) , 34(3)(a) S. 5(1)(d) substituted (1.12.2022) by The Renting Homes (Wales) Act 2016 (Consequential Amendments) Regulations 2022 (S.I. 2022/1166) , regs. 1(1) , 34(3)(b) S. 8(1) : s. 8 renumbered as s. 8(1) (1.12.2022) by The Renting Homes (Wales) Act 2016 (Consequential Amendments) Regulations 2022 (S.I. 2022/1166) , regs. 1(1) , 34(4)(a) S. 8(1)(d) substituted (1.12.2022) by The Renting Homes (Wales) Act 2016 (Consequential Amendments) Regulations 2022 (S.I. 2022/1166) , regs. 1(1) , 34(4)(b) S. 30(3)(ca) inserted (1.12.2022) by The Renting Homes (Wales) Act 2016 (Consequential Amendments) Regulations 2022 (S.I. 2022/1166) , regs. 1(1) , 34(5) S. 44(1A) inserted (1.12.2022) by The Renting Homes (Wales) Act 2016 (Consequential Amendments) Regulations 2022 (S.I. 2022/1166) , regs. 1(1) , 34(7)(b) Words in s. 44(1) substituted (1.12.2022) by The Renting Homes (Wales) Act 2016 (Consequential Amendments) Regulations 2022 (S.I. 2022/1166) , regs. 1(1) , 34(7)(a)(i) Words in s. 44(1) substituted (1.12.2022) by The Renting Homes (Wales) Act 2016 (Consequential Amendments) Regulations 2022 (S.I. 2022/1166) , regs. 1(1) , 34(7)(a)(ii) Word in s. 44(2) substituted (1.12.2022) by The Renting Homes (Wales) Act 2016 (Consequential Amendments) Regulations 2022 (S.I. 2022/1166) , regs. 1(1) , 34(7)(c) S. 44(3) omitted (1.12.2022) by virtue of The Renting Homes (Wales) Act 2016 (Consequential Amendments) Regulations 2022 (S.I. 2022/1166) , regs. 1(1) , 34(7)(d) Words in s. 49(1) inserted (1.12.2022) by The Renting Homes (Wales) Act 2016 (Consequential Amendments) Regulations 2022 (S.I. 2022/1166) , regs. 1(1) , 34(8) Word in s. 76(2)(a) omitted (1.12.2022) by virtue of The Renting Homes (Wales) Act 2016 (Consequential Amendments) Regulations 2022 (S.I. 2022/1166) , regs. 1(1) , 34(9)(a)(i) S. 76(2)(aa) inserted (1.12.2022) by The Renting Homes (Wales) Act 2016 (Consequential Amendments) Regulations 2022 (S.I. 2022/1166) , regs. 1(1) , 34(9)(a)(ii) Words in s. 76(2)(b) inserted (1.12.2022) by The Renting Homes (Wales) Act 2016 (Consequential Amendments) Regulations 2022 (S.I. 2022/1166) , regs. 1(1) , 34(9)(a)(iii) S. 76(4)(a) substituted (1.12.2022) by The Renting Homes (Wales) Act 2016 (Consequential Amendments) Regulations 2022 (S.I. 2022/1166) , regs. 1(1) , 34(9)(b)(i) Words in s. 76(4)(c) inserted (1.12.2022) by The Renting Homes (Wales) Act 2016 (Consequential Amendments) Regulations 2022 (S.I. 2022/1166) , regs. 1(1) , 34(9)(b)(ii) S. 76(9) substituted (1.12.2022) by The Renting Homes (Wales) Act 2016 (Consequential Amendments) Regulations 2022 (S.I. 2022/1166) , regs. 1(1) , 34(9)(c) Words in s. 92(1) inserted (1.12.2022) by The Renting Homes (Wales) Act 2016 (Consequential Amendments) Regulations 2022 (S.I. 2022/1166) , regs. 1(1) , 34(10)(b) Words in s. 99 inserted (1.12.2022) by The Renting Homes (Wales) Act 2016 (Consequential Amendments) Regulations 2022 (S.I. 2022/1166) , regs. 1(1) , 34(12)(a) Words in s. 99 substituted (1.12.2022) by The Renting Homes (Wales) Act 2016 (Consequential Amendments) Regulations 2022 (S.I. 2022/1166) , regs. 1(1) , 34(12)(b) S. 42A inserted (1.12.2022) by The Renting Homes (Wales) Act 2016 (Consequential Amendments) Regulations 2022 (S.I. 2022/1166) , regs. 1(1) , 34(6) S. 92A inserted (1.12.2022) by The Renting Homes (Wales) Act 2016 (Consequential Amendments) Regulations 2022 (S.I. 2022/1166) , regs. 1(1) , 34(11) Words in s. 92 heading inserted (1.12.2022) by The Renting Homes (Wales) Act 2016 (Consequential Amendments) Regulations 2022 (S.I. 2022/1166) , regs. 1(1) , 34(10)(a)
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[uk-legislation-anaw][anaw] 2024-08-15
http://www.legislation.gov.uk/anaw/2015/5/2024-08-01
http://www.legislation.gov.uk/anaw/2015/5/2024-08-01 Qualifications Wales Act 2015 An Act of the National Assembly for Wales to establish a new body to be known as Qualifications Wales; providing for Qualifications Wales to be able to recognise bodies responsible for awarding certain qualifications in Wales and to approve certain qualifications awarded in Wales and to perform certain other functions; and for connected purposes. text text/xml en Statute Law Database 2024-08-13 Expert Participation 2024-08-01 Qualifications Wales Act 2015 2015 anaw 5 An Act of the National Assembly for Wales to establish a new body to be known as Qualifications Wales; providing for Qualifications Wales to be able to recognise bodies responsible for awarding certain qualifications in Wales and to approve certain qualifications awarded in Wales and to perform certain other functions; and for connected purposes. [5 August 2015] Having been passed by the National Assembly for Wales and having received the assent of Her Majesty, it is enacted as follows: PART 1 OVERVIEW Overview 1 1 This section is an overview of the main provisions of the Act. 2 Part 2— a establishes Qualifications Wales and (at Schedule 1) makes provision about its membership and governance arrangements, b sets out the principal aims of Qualifications Wales, and c requires Qualifications Wales, in exercising its functions, to act in a way that it considers appropriate for the purpose of achieving those aims. 3 Part 3 makes provision about the recognition by Qualifications Wales of bodies that award qualifications in Wales. 4 Part 4 makes provision about priority qualifications and the approval by Qualifications Wales of qualifications for award in Wales. It— a requires Qualifications Wales and the Welsh Ministers to prepare a list of qualifications that are to be a priority for Qualifications Wales, b enables Qualifications Wales in certain circumstances to determine that the number of forms of those qualifications approved by it should be restricted (either to one or more than one), c enables Qualifications Wales to enter into arrangements with a body for the development of a new form of qualification to be awarded in Wales, where it has made a determination as described in paragraph (b) in respect of the qualification concerned, and d enables Qualifications Wales to consider approving a qualification for award in Wales that is not included on the list referred to in paragraph (a). 5 Part 5 enables Qualifications Wales to designate a qualification for the purpose of enabling a course leading to it to be funded by the Welsh Ministers or a local authority in Wales, or provided by or on behalf of a maintained school in Wales. 6 Part 6— a provides that a course of education or training may be funded by the Welsh Ministers or a local authority in Wales, or provided by or on behalf of a maintained school in Wales, only if the form of the qualification to which it leads has been approved or designated by Qualifications Wales, and b makes provision restricting the effect of conditions imposed by Ofqual, in respect of the award in Wales of a form of a qualification that has been approved by Qualifications Wales; and restricting the effect of conditions of recognition imposed by Qualifications Wales so that they do not apply in respect of the award of qualifications outside Wales. 7 Part 7 makes provision about steps that may be taken by Qualifications Wales if it considers that a body awarding qualifications in Wales has failed to comply with a condition to which its recognition, or the approval of a qualification awarded by it, is subject. 8 Part 8 makes provision about other functions of Qualifications Wales, including— a the power to provide consultancy and other services on a commercial basis, b the duty to prepare a policy statement, c how Qualifications Wales is to deal with complaints, d fees that may be charged by Qualifications Wales, and e the duty to have regard to certain principles in performing regulatory activities. 9 Part 9 makes general provision, including setting out an index of defined terms used in the Act. 10 In Part 9, section 56 sets out the meaning of the term “qualification” as used in the Act. PART 2 ESTABLISHMENT AND PRINCIPAL AIMS OF QUALIFICATIONS WALES Establishment of Qualifications Wales 2 1 Qualifications Wales is established as a body corporate. 2 Schedule 1 contains further provision about Qualifications Wales. 3 Schedule 2 makes provision about transfers of staff and property to Qualifications Wales. Principal aims of Qualifications Wales 3 1 In exercising its functions, Qualifications Wales must act in a way that it considers appropriate for the purpose of achieving the following principal aims— a ensuring that qualifications, and the Welsh qualification system, are effective for meeting the reasonable needs of learners in Wales; b promoting public confidence in qualifications and in the Welsh qualification system. 2 In considering what is appropriate for the purpose of achieving its principal aims, the matters to which Qualifications Wales is to have regard include (among other things)— a the desirability of promoting sustainable growth in the Welsh economy; b the desirability of promoting and facilitating the use of the Welsh language, including through the availability of assessment arrangements that provide for assessment through the medium of the Welsh language, and of qualifications that otherwise promote or facilitate the use of the Welsh language; c the range and nature of qualifications available, and of their assessment arrangements; d the reasonable requirements of employers, higher education institutions and the professions regarding education and training (including as to required standards of practical competence); e whether the knowledge, skills and understanding required to be demonstrated for the purpose of determining whether a person is to be awarded a qualification reflect current knowledge and best practice; f whether qualifications indicate a consistent level of attainment with that indicated by whatever Qualifications Wales considers to be comparable qualifications, whether awarded in Europe or elsewhere; g whether qualifications are provided efficiently and so as to secure value for money; h the respective roles played by, and responsibilities of, each of the following persons in respect of the Welsh qualification system (including by reference to co-operation between those persons, and their effectiveness in performing their roles)— i awarding bodies, learning providers, Qualifications Wales and the Welsh Ministers; ii any other persons exercising functions that Qualifications Wales considers relevant for the purpose of the Welsh qualification system. 3 References in this Act to the Welsh qualification system are to the system, taken as a whole, by which qualifications are awarded to persons assessed wholly or mainly in Wales for this purpose. PART 3 RECOGNITION OF AWARDING BODIES General Recognition of awarding bodies 4 1 Qualifications Wales may recognise an awarding body under the provisions of this Part. 2 Part 4 (priority qualifications and approval of qualifications) makes provision for a body that is recognised under this Part in respect of the award of a qualification to apply to Qualifications Wales for approval of a form of that qualification. 3 Part 5 (designation of other qualifications) makes provision for a body that is recognised under this Part in respect of the award of a qualification to apply to Qualifications Wales for a form of that qualification to be designated under section 29. Recognition criteria Duty to set general recognition criteria 5 1 Qualifications Wales must set and publish criteria for recognition (“general recognition criteria”) to be applied by it for the purposes of section 8 (general recognition of an awarding body). 2 The general recognition criteria may make different provision fordifferent descriptions of awarding body. Power to set qualification specific recognition criteria 6 1 Qualifications Wales may set and publish criteria for recognition (“qualification specific recognition criteria”) to be applied by it for the purposes of section 9 (qualification specific recognition of an awarding body). 2 The criteria may make different provision for— a different descriptions of awarding body; b different qualifications or different descriptions of qualification. Revision of general and qualification specific recognition criteria 7 1 Qualifications Wales may revise— a the general recognition criteria; b the qualification specific recognition criteria. 2 If Qualifications Wales revises the criteria, it must— a publish the criteria as revised, and b specify when the revisions are to come into effect. 3 The date specified under subsection (2)(b) must not precede the date on which the revised criteria are published. Recognition of awarding bodies General recognition of an awarding body 8 1 An awarding body may apply to Qualifications Wales for general recognition as a body awarding qualifications in Wales. 2 The awarding body may specify in its application a qualification or description of qualification in respect of the award of which it does not wish to be recognised. 3 If the body meets the general recognition criteria most recently published under section 5, Qualifications Wales must recognise the awarding body. 4 If the body does not meet all of those criteria Qualifications Wales may nevertheless, if it thinks it appropriate to do so, recognise the body. 5 In determining whether it is appropriate to recognise a body under subsection (4), Qualifications Wales must have regard to— a whether the body substantially meets the general recognition criteria, b the effect of its failure to meet those criteria in full, and c the likelihood of its subsequently meeting the criteria in full. 6 Where a qualification or description of qualification is specified by an awarding body in accordance with subsection (2), references to the general recognition criteria in subsections (3) to (5) are not to be treated as including those criteria to the extent that they apply in respect of the award of the qualification or description of qualification specified. 7 Where an awarding body is recognised under this section other than in respect of the award of a qualification or description of qualification specified by it in accordance with subsection (2), or a qualification or description of qualification in respect of the award of which recognition under this section has been surrendered or withdrawn, it may apply to Qualifications Wales to be recognised in respect of the award of the qualification or description of qualification. 8 Subsections (2) to (6) apply for the purposes of an application under subsection (7) as if it were an application under subsection (1). 9 The effect of recognition under this section is that the body is recognised in respect of the award in Wales of qualifications other than— a those qualifications in respect of which qualification specific recognition criteria apply, b any qualification or description of qualification specified in accordance with subsection (2), and c any qualification or description of qualification in respect of the award of which recognition under this section has ceased to have effect by virtue of being surrendered or withdrawn. Qualification specific recognition of an awarding body 9 1 An awarding body may apply to Qualifications Wales for recognition in respect of the award in Wales of a qualification or description of qualification in relation to which qualification specific recognition criteria are set under section 6. 2 If the body meets both— a the general recognition criteria most recently published under section 5, and b the qualification specific recognition criteria applicable in respect of the qualification and the body concerned, Qualifications Wales must recognise the body in respect of the award in Wales of the qualification or description of qualification concerned. 3 If the body does not meet all of those criteria Qualifications Wales may nevertheless, if it thinks it appropriate to do so, recognise the body in respect of the award in Wales of the qualification or description of qualification concerned. 4 In determining whether it is appropriate to recognise a body under subsection (3), Qualifications Wales must have regard to— a whether the body substantially meets the criteria referred to in subsection (2), b the effect of its failure to meet those criteria in full, and c the likelihood of its subsequently meeting those criteria in full. 5 The effect of recognition under this section is that, provided the body is recognised under section 8, it is recognised also in respect of the award in Wales of the qualification or description of qualification specified in the recognition under this section. Rules about applications for recognition 10 1 Qualifications Wales must make rules about the making of applications to it under this Part. 2 The rules may make different provision for different purposes. 3 They may make provision about— a the form and content of applications; b the way in which applications are to be made (including as to any fee payable in respect of an application). 4 The rules made under this section must be published by Qualifications Wales. Further provision about recognition 11 1 If Qualifications Wales refuses an application for recognition made under this Part, it must provide the awarding body concerned with a statement setting out its reasons for refusal. 2 Schedule 3 makes further provision about recognition under this Part, including about— a the duration of recognition; b conditions to which recognition is to be subject; c the surrender and withdrawal of recognition. Recognition: interpretation 12 1 For the purposes of this Act, a body is recognised in respect of the award of a qualification— a if no criteria are set under section 6 in respect of the qualification, if the body is recognised under section 8 (provided that the qualification is not one that is specified, or of a description specified, by the body under section 8(2) and is not one in respect of which recognition of the body has ceased to have effect as set out in paragraph 1(2) of Schedule 3); b if criteria are set under section 6 in respect of the qualification, or qualifications of that description, if the body is both— i recognised under section 8, and ii recognised under section 9 in respect of the award of the qualification or description of qualification concerned. 2 In this Act— a references to recognition are to recognition under this Part; b references to a recognised body are to an awarding body recognised under this Part. 3 For the purposes of this Part, the award of a qualification in Wales is its award to persons assessed in respect of the qualification wholly or mainly in Wales. PART 4 PRIORITY QUALIFICATIONS AND APPROVAL OF QUALIFICATIONS Priority qualifications Duty to prepare list of priority qualifications 13 1 Qualifications Wales and the Welsh Ministers must jointly prepare a list of qualifications, in respect of each of which the condition in subsection (2) is met. 2 The condition is that Qualifications Wales and the Welsh Ministers are satisfied that ensuring and maintaining public confidence in the qualification is a priority for Qualifications Wales, by reason of the significance of the qualification having regard to the needs of learners and employers in Wales. 3 The list may make provision by reference to qualifications, or descriptions of qualification. 4 The list must be published, in whatever way Qualifications Wales and the Welsh Ministers agree. 5 Qualifications Wales and the Welsh Ministers may jointly review the list and, if they consider it appropriate, revise it. 6 In this Act— a references to a priority qualification are to a qualification included on the list, or to a qualification that is of a description included on the list; b references to a restricted priority qualification are to a priority qualification in respect of which a determination under section 14 has effect; c references to a unrestricted priority qualification are to a priority qualification in respect of which no determination under section 14 has effect. Restricted priority qualifications 14 1 Qualifications Wales may make a determination under this section in respect of a priority qualification if the condition in subsection (3) is met. 2 A determination under this section is a determination specifying the maximum number (being either one or more) of forms of the qualification that are to be capable of being approved under this Part at any one time. 3 The condition is that Qualifications Wales is satisfied that, having regard to the principal aims of Qualifications Wales, and to the objectives in subsection (4), it is desirable to restrict the number of forms of the qualification that are approved by Qualifications Wales under this Part to the maximum number that is specified in the determination. 4 The objectives are to— a avoid inconsistency between different forms of the same qualification (whether by reference to the level of attainment indicated by different forms of the same qualification, or otherwise), and b enable Qualifications Wales to exercise choice between different awarding bodies, in entering into arrangements under section 15, and between different forms of a qualification, in granting approval under section 17. 5 Qualifications Wales must publish a determination under this section. 6 Qualifications Wales must exercise its functions under sections 15 to 17 so as to secure that the number of forms of a restricted priority qualification approved by it under this Part does not exceed the maximum number specified in the determination under this section in respect of the qualification. 7 If Qualifications Wales proposes to make a determination under this section in respect of a qualification, it must before doing so— a notify each recognised body, and any other person that Qualifications Wales considers might reasonably be expected to have an interest in the proposed determination, of the proposal, and b consider any representations made to it by those persons in respect of the proposal. 8 A determination under this section may be revoked or varied; and the preceding provisions of this section apply for the purposes of a variation of a determination as if it was the making of a determination. Power to make arrangements for development of restricted priority qualification 15 1 Qualifications Wales may enter into arrangements with an awarding body the effect of which is to provide for the body to develop a new form of a restricted priority qualification, with a view to the prospective approval of that form of the qualification under section 16. 2 The arrangements may make provision about, among other things— a criteria to be met by the form of the qualification to be developed; b payments to be made by Qualifications Wales in respect of its development. 3 Qualifications Wales must prepare a scheme making provision about the making of arrangements under this section. 4 Qualifications Wales must exercise its functions in accordance with the scheme. 5 The scheme must provide for a procedure that is open, fair and transparent. 6 Qualifications Wales may revise the scheme. 7 The scheme must be published by Qualifications Wales. Approval of a restricted priority qualification developed in accordance with section 15 arrangements 16 1 This section applies where a form of a restricted priority qualification has been developed by an awarding body in accordance with arrangements under section 15. 2 If the awarding body is recognised in respect of the award of the qualification concerned, it may make an application to Qualifications Wales for approval of the form of the qualification under this section. 3 Qualifications Wales must consider whether to approve the form of the qualification for award in Wales by the body concerned. 4 Qualifications Wales may if it considers it appropriate to do so approve the form of the qualification for award in Wales by the body concerned. 5 But this is subject to section 21 (power to specify minimum requirements). 6 For the purposes of this Part, the award of a form of a qualification in Wales is its award to persons assessed in respect of the qualification wholly or mainly in Wales. Approval of a restricted priority qualification in the absence of section 15 arrangements 17 1 This section applies for the purpose of the approval by Qualifications Wales of a form of a qualification that is a restricted priority qualification, but in respect of which Qualifications Wales does not propose to enter into arrangements under section 15. 2 Qualifications Wales may, on an application from a body that is recognised in respect of the award of the qualification concerned, if it considers it appropriate to do so approve a form of the qualification for award in Wales by the body concerned. 3 Qualifications Wales must prepare a scheme making provision about— a the making of applications for approval under subsection (2); b the consideration by Qualifications Wales of those applications. 4 Qualifications Wales must exercise its functions in accordance with the scheme. 5 The scheme must provide for a procedure that is open, fair and transparent. 6 Qualifications Wales may revise the scheme. 7 The scheme must be published by Qualifications Wales. 8 Subsection (2) is subject to section 21 (power to specify minimum requirements). Approval of unrestricted priority qualifications 18 1 This section applies where an application is made to Qualifications Wales for approval of a form of an unrestricted priority qualification by an awarding body that is recognised in respect of the award of the qualification concerned. 2 Qualifications Wales must consider whether to approve the form of the qualification for award in Wales by the body concerned. 3 Qualifications Wales may if it considers it appropriate to do so approve the form of the qualification for award in Wales by the body concerned. 4 But this is subject to section 21 (power to specify minimum requirements). Other qualifications Approval of qualifications that are not priority qualifications 19 1 This section applies where— a an application is made to Qualifications Wales, for approval of a form of a qualification, by an awarding body that is recognised in respect of the award of the qualification concerned, and b Qualifications Wales is satisfied that the qualification concerned is not a priority qualification. 2 Qualifications Wales may at its discretion determine whether to consider the form of the qualification for approval. 3 If Qualifications Wales does consider the form of the qualification for approval it may approve the form of the qualification for award in Wales by the body concerned, if it considers it appropriate to do so. 4 But this is subject to section 21 (power to specify minimum requirements). 5 Qualifications Wales must prepare a scheme making provision about the making of determinations under subsection (2). 6 The scheme must, among other things, set out factors likely to be taken into account by Qualifications Wales in determining whether to consider a form of qualification for approval. 7 Qualifications Wales must exercise its functions in accordance with the scheme. 8 Qualifications Wales may revise the scheme. 9 The scheme must be published by Qualifications Wales. Approval criteria Approval criteria 20 1 Qualifications Wales must set and publish criteria to be applied by it in deciding whether to approve a form of a qualification under this Part. 2 The criteria may make different provision by reference to different qualifications or different descriptions of qualification. 3 Qualifications Wales may revise the criteria. 4 If Qualifications Wales revises the criteria, it must publish the criteria as revised. Power for Welsh Ministers to specify minimum requirements Power to specify minimum requirements 21 1 The Welsh Ministers may by regulations specify minimum requirements, in relation to a qualification, that are to be met by any form of that qualification approved under this Part. 2 The requirements must relate to the knowledge, skills or understanding required to be demonstrated for the purpose of determining whether a person is to be awarded the qualification. 3 But a requirement may be specified in relation to a qualification only if the Welsh Ministers are satisfied that it is necessary to specify that requirement in order to ensure that the curriculum pursued by persons taking a course leading to the qualification is appropriate for the reasonable needs of those persons. 4 Before making regulations under this section specifying minimum requirements, the Welsh Ministers must consult Qualifications Wales and such other persons (if any) as they consider appropriate, specifying— a the proposed minimum requirements, and b their reasons for proposing them. 5 Where requirements have been specified in relation to a qualification by regulations under this section, Qualifications Wales may not approve a form of that qualification under this Part unless satisfied that form of the qualification complies with those requirements. Supplementary provision relevant to all approvals Conditions of approval 22 1 Approval of a form of a qualification— a must be subject to a condition within subsection (2), and b is to be subject to any other conditions Qualifications Wales may impose either at the time of granting approval or subsequently. 2 A condition within this subsection is a condition requiring a form of a qualification that is to be awarded as an approved qualification to be identified by an approval number. 3 An approval number is a number (with or without letters or symbols) allocated to a qualification by Qualifications Wales. 4 A form of a qualification is awarded as an approved qualification only if it is awarded with its approval number in accordance with the condition mentioned within subsection (2). 5 The conditions that may be imposed by Qualifications Wales may make different provision, in respect of the award of the same qualification, for different purposes (including among other things by reference to the circumstances in which, or the persons or descriptions of persons to whom, a qualification is awarded). 6 If after approving a form of a qualification for award by a recognised body Qualifications Wales— a imposes new conditions to which the approval is to be subject, or b varies the conditions to which the approval is to be subject, it must give notice to the awarding body of the new (or varied) conditions. 7 The notice must— a specify the date on which the new conditions (or the conditions as varied) will come into effect, and b give reasons for the change. Duration of approval 23 1 Approval under section 16 or 17— a has effect from whatever date is specified by Qualifications Wales, and b is to be granted for a limited period specified by Qualifications Wales on granting approval. 2 Approval under section 18 or 19— a has effect from whatever date is specified by Qualifications Wales, and b may be granted indefinitely or for a limited period specified by Qualifications Wales on granting approval. Rules about applications for approval 24 1 Qualifications Wales must make rules about the making of applications to it under this Part. 2 The rules may make different provision for different purposes. 3 The rules may make provision about— a the form and contents of applications; b the way in which applications are to be made (including as to any fee payable in respect of an application). 4 The rules made under this section must be published by Qualifications Wales. Surrender and withdrawal of approval Surrender of approval 25 1 An awarding body may give notice to Qualifications Wales that it wishes approval of a form of a qualification awarded by it to cease to have effect (a “surrender notice”). 2 A surrender notice must specify the date with the expiry of which the body wishes the approval to cease to have effect. 3 As soon as reasonably practicable after receipt of a surrender notice, Qualifications Wales must give notice to the awarding body (an “acknowledgement of surrender”) providing that the approval is to cease to have effect with the expiry of the date specified in the surrender notice or, if Qualifications Wales thinks appropriate, with the expiry of a different date. 4 If the acknowledgement of surrender specifies that the approval is to cease to have effect with the expiry of a different date from that specified in the surrender notice, the acknowledgement of surrender must give reasons for this. 5 The approval ceases to have effect with the expiry of the date specified in the acknowledgement of surrender. 6 In determining whether the approval is to cease to have effect with the expiry of the date specified in the surrender notice, or with the expiry of a different date, Qualifications Wales is to have regard to— a the need to avoid prejudice to persons who are seeking, or might reasonably be expected to seek, to obtain the form of the qualification concerned; b the body's wish that approval should cease to have effect with the expiry of the date specified in the surrender notice. Transitional provision in connection with surrender of approval 26 1 This section applies for the purposes of an acknowledgement of surrender under section 25. 2 If Qualifications Wales considers it appropriate to do so for the purpose of avoiding prejudice to persons who are seeking, or might reasonably be expected to seek, to obtain the form of the qualification concerned, it may make provision in the acknowledgement of surrender that is within subsection (3). 3 Provision within this subsection is provision to the effect that, from the expiry of the surrender date until the expiry of the extension date, the form of the qualification is to be treated, for purposes specified by Qualifications Wales in the acknowledgement of surrender, as being approved under this Part by Qualifications Wales for award by the body concerned. 4 If Qualifications Wales makes provision within subsection (3)— a it must give reasons for this in the acknowledgement of surrender, and b the form of the qualification is to be treated, from the expiry of the surrender date, for the purposes specified in the acknowledgement of surrender, and until the expiry of the extension date, as being approved under this Part for award by the body concerned. 5 In this section— “ extension date ” (“ dyddiad estyn ”) means a date specified by Qualifications Wales in the acknowledgement of surrender for the purposes of this section; “ surrender date ” (“ dyddiad ildio ”) means the date specified by Qualifications Wales in the acknowledgement of surrender as being the date from the expiry of which the approval is to cease to have effect. Withdrawal of approval 27 1 Qualifications Wales may withdraw approval under this Part of a form of a qualification if it is satisfied that— a a condition to which the approval is subject has not been complied with, b the body by which the form of the qualification is awarded has ceased to be recognised in respect of the award of the qualification concerned, or c in the case of an approval of a form of a qualification granted under section 18 or 19, the qualification concerned has become a restricted priority qualification. 2 Before withdrawing approval, Qualifications Wales must give the awarding body concerned notice of its intention to do so. 3 The notice must— a explain why Qualifications Wales proposes to withdraw approval, and b specify when Qualifications Wales proposes to decide whether to withdraw approval. 4 In deciding whether to withdraw approval, Qualifications Wales must have regard to any representations made by the awarding body. 5 If Qualifications Wales decides to withdraw approval, it must give notice to the awarding body of the decision, specifying the date with the expiry of which withdrawal of approval will take effect (the “withdrawal date”). 6 At any time before the withdrawal date, Qualifications Wales may, with the agreement of the awarding body concerned, give notice to the body varying the date on which withdrawal is to take effect. 7 Where notice under subsection (6) is given, the date specified in the notice as the withdrawal date is to be treated, as from the date on which the notice is given, as being the withdrawal date for the purposes of any further notice under that subsection. 8 In determining a date for the purposes of this section, Qualifications Wales is to have regard to the need to avoid prejudice to persons who are seeking, or might reasonably be expected to seek, to obtain the form of the qualification. Transitional provision in connection with withdrawal of approval 28 1 This section applies for the purposes of notice under section 27(5). 2 If Qualifications Wales considers it appropriate to do so for the purpose of avoiding prejudice to persons who are seeking, or might reasonably be expected to seek, to obtain the form of the qualification concerned, it may make provision in the notice that is within subsection (3). 3 Provision within this subsection is provision to the effect that, from the expiry of the withdrawal date until the expiry of the extension date, the form of the qualification is to be treated, for purposes specified by Qualifications Wales in the notice, as being approved under this Part by Qualifications Wales for award by the body concerned. 4 If Qualifications Wales makes provision within subsection (3)— a it must give reasons for this in the notice, and b the form of the qualification is to be treated, from the expiry of the withdrawal date, for the purposes specified in the notice, and until the expiry of the extension date, as being approved under this Part for award by the body concerned. 5 In this section— “ extension date ” (“ dyddiad estyn ”) means a date specified by Qualifications Wales in the notice for the purposes of this section; “ withdrawal date ” (“ dyddiad tynnu'n ôl ”) means the date specified by Qualifications Wales in the notice as being the date from the expiry of which withdrawal of approval is to take effect. PART 5 DESIGNATION OF OTHER QUALIFICATIONS Designation of other qualifications 29 1 Qualifications Wales may, on application under subsection (2), designate a form of qualification under this section. 2 An application under this subsection is an application by a recognised body to Qualifications Wales for a form of qualification— a offered by it, and b in respect of which it is recognised, to be designated under this section. 3 Qualifications Wales may not designate a form of qualification under this section unless it is satisfied that the following conditions are met. 4 The conditions are that— a it would be appropriate for a course of education or training that is within section 34(2) and that leads to the award of the form of qualification to be publicly funded, and b it is currently appropriate, with a view to permitting that public funding, to designate the form of qualification under this section rather than approve it under Part 4. 5 For the purposes of subsection (4)(a) a course of education or training is publicly funded if it is funded by the Welsh Ministers or a local authority in Wales, or provided by or on behalf of a maintained school in Wales (within the meaning given by section 34(12)). 6 The reference in subsection (4)(a) to a course of education or training is a reference to a specific course of education or training or to such courses generally. 7 In this Part, references to a section 29 designation are to a designation of a form of a qualification under this section. Further provision about section 29 designations 30 1 If Qualifications Wales makes a section 29 designation, it must specify the date from which the designation has effect and the date with the expiry of which it ceases to have effect. 2 A section 29 designation ceases to have effect— a if the awarding body in respect of which the form of qualification in question is designated ceases to be recognised in respect of that form of qualification, at the same time as that recognition ceases to have effect (for which see paragraph 1(2) of Schedule 3); b if the form of qualification in question is approved under Part 4, from the coming into effect of the approval as specified under section 23 (but see section 31). 3 Subsection (4) applies where a form of a qualification is designated under section 29 and the qualification is a restricted priority qualification (for which see section 14). 4 The section 29 designation referred to in subsection (3) ceases to have effect from the coming into effect of the first approval of any form of the restricted priority qualification under section 16 or 17 as specified under section 23 (but see section 31). 5 If a section 29 designation ceases to have effect in accordance with subsection (2) or (4), Qualifications Wales must give the awarding body concerned notice of the date from which the designation ceases to have effect. 6 Qualifications Wales may specify that a section 29 designation is to have effect for specific purposes, including by reference to the circumstances in which the qualification is awarded and the person or description of person to whom the qualification may be awarded. 7 A section 29 designation must be published by Qualifications Wales. Transitional provision in connection with section 29 designations 31 1 If Qualifications Wales considers it appropriate to do so for the purpose of avoiding prejudice to persons who are seeking, or might reasonably be expected to seek, to obtain a form of qualification that has been designated under section 29, it may make provision that is within subsection (2). 2 Provision within this subsection is provision to the effect that, despite section 30(2)(b) or (4), a form of qualification designated under section 29 is to be treated, for purposes specified by Qualifications Wales, as being designated under section 29 until the expiry of a date specified by Qualifications Wales. Revocation of section 29 designations 32 1 Qualifications Wales may revoke a section 29 designation. 2 Before revoking a section 29 designation, Qualifications Wales must give the recognised body in respect of which the form of qualification in question is designated notice of its intention to do so. 3 The notice must— a explain why Qualifications Wales proposes to revoke the section 29 designation, and b specify when Qualifications Wales proposes to decide whether to revoke the section 29 designation. 4 In deciding whether to revoke a section 29 designation, Qualifications Wales must have regard to any representations made by the recognised body. 5 If Qualifications Wales decides to revoke a section 29 designation, it must give notice to the recognised body of the decision explaining when the revocation is to take effect. 6 The revocation is to take effect on 1 September falling in the year after the decision to revoke has been made but the revocation applies only in relation to a learner starting a course of education or training on or after that date. 7 The notice under subsection (5) must be given— a if the decision to revoke is made on 31 December, on that day, or b if the decision to revoke is made on any other day, promptly and in any event on or before the 31 December following the decision. 8 Notice of a decision to revoke a section 29 designation must be published by Qualifications Wales. Rules about applications for designation 33 1 Qualifications Wales must make rules about the making of applications to it under section 29. 2 The rules may make different provision for different purposes. 3 The rules may make provision about— a the form and contents of applications; b the way in which applications are to be made (including as to any fee payable in respect of an application). 4 The rules made under this section must be published by Qualifications Wales. PART 6 FURTHER PROVISION RELEVANT TO RECOGNITION, APPROVAL AND DESIGNATION Funding etc of certain courses Restriction on funding and provision of certain courses 34 1 Unless a requirement set out in subsection (3) or (5) is met, a course of education or training that leads to the award of a form of a qualification and is within subsection (2) must not be— a funded by an authorised body, or b provided by or on behalf of a maintained school in Wales. 2 A course of education or training is within this subsection if it is provided, or proposed to be provided— a by or on behalf of a school or institution or employer, and b for pupils who are of compulsory school age, or above compulsory school age but under 19. 3 The requirement is that— a the form of qualification to which the course leads is awarded by a recognised body as an approved qualification, and b if the form of the qualification is subject to an award limitation condition, the provision of the course is not such that it leads to the award of the qualification to a person otherwise than in accordance with that condition. 4 In subsection (3)(b), an award limitation condition is a condition to which approval of the form of qualification under Part 4 is subject and which relates to the person or description of person to whom the qualification may be awarded. 5 The requirement is that— a the form of the qualification to which the course leads is awarded by a recognised body and is designated under section 29, and b if Qualifications Wales has specified purposes under section 30(6) for which the designation is to have effect, the provision of the course is not such that it leads to the award of the qualification otherwise than in accordance with those purposes. 6 In relation to a maintained school, the local authority and governing body must carry out their functions with a view to securing that subsection (1)(b) is not contravened. 7 The restriction imposed by this section does not apply in respect of the provision of a course of education or training to a person with a learning difficulty. 8 Nor does the restriction apply in respect of a course of education or training designated by the Welsh Ministers for the purpose of this section. 9 A designation under subsection (8) may make provision— a generally in respect of a course or description of course, or b in respect of a course or description of course provided in circumstances, or to a person or description of person, specified in the designation. 10 A designation under subsection (8)— a must be in writing; b may be varied or revoked. 11 In this section, references to a course leading to a form of a qualification include references to a course that is one of two or more components leading to a form of the qualification. 12 In this section— “ authorised body ” (“ corff awdurdodedig ”) means— the Welsh Ministers; a local authority in Wales; the Commission for Tertiary Education and Research; “ maintained school ” (“ ysgol a gynhelir ”) means— a community, foundation or voluntary school; a community special school. Delineation of roles of Qualifications Wales and Ofqual Award in Wales of an approved qualification: restriction on application of conditions imposed by Ofqual 35 1 Any condition to which recognition of an awarding body by Ofqual under section 132 of the Apprenticeships, Skills, Children and Learning Act 2009 (c.22) (recognition of awarding bodies) is subject does not apply in respect of, or for the purposes of, any award in Wales by that body of a form of qualification awarded as an approved qualification (but this does not affect the application, if any, of those conditions in respect of or for the purposes of the award in Wales of a form of qualification that is not awarded as an approved qualification, even if that form is designated under section 29). 2 Accordingly, in section 132 of the Apprenticeships, Skills, Children and Learning Act 2009, after subsection (9), insert— 10 See section 35 of the Qualifications Wales Act 2015 for provision about the effect of conditions imposed by or under this section, in respect of or for the purposes of the award in Wales by an awarding body of a form of a qualification awarded as an approved qualification (for which see section 22(4) of that Act). 3 In this section “ Ofqual ” means the Office of Qualifications and Examinations Regulation established under section 127 of the Apprenticeships, Skills, Children and Learning Act 2009. 4 For the purposes of this section and section 36, the award of a form of a qualification in Wales is its award to persons assessed in respect of the qualification wholly or mainly in Wales. Restriction on application of conditions imposed by Qualifications Wales 36 1 Any condition within subsection (2) applies only in respect of, or for the purposes of, the award in Wales by an awarding body of a form of a qualification in respect of the award of which the body is recognised under Part 3. 2 The conditions are the conditions to which recognition of the body under section 8 or 9 is subject. PART 7 ENFORCEMENT POWERS OF QUALIFICATIONS WALES Power to give directions 37 1 If it appears to Qualifications Wales that an awarding body has failed or is likely to fail to comply with a condition to which its recognition is subject, Qualifications Wales may direct the body to take or refrain from taking specified steps with a view to securing compliance with the condition. 2 If it appears to Qualifications Wales that an awarding body that awards an approved qualification has failed or is likely to fail to comply with a condition to which that approval is subject, Qualifications Wales may direct the body to take or refrain from taking specified steps with a view to securing compliance with the condition. 3 Before giving an awarding body a direction under this section, Qualifications Wales must give notice to the body concerned of its intention to do so. 4 The notice must— a set out Qualifications Wales' reasons for proposing to give the direction; b specify when Qualifications Wales proposes to decide whether to give the direction. 5 In deciding whether to give the direction, Qualifications Wales must have regard to any representations made by the awarding body. 6 An awarding body must comply with a direction given to it under this section. 7 A direction under this section— a must be in writing; b may be varied or revoked by a later direction; c is enforceable by a mandatory order on the application of Qualifications Wales. Power to impose monetary penalties 38 1 If it appears to Qualifications Wales that an awarding body has failed to comply with a condition to which its recognition is subject, Qualifications Wales may impose a monetary penalty on the body. 2 If it appears to Qualifications Wales that an awarding body that awards an approved qualification has failed to comply with a condition to which that approval is subject, Qualifications Wales may impose a monetary penalty on the body. 3 A “monetary penalty” is a requirement to pay to Qualifications Wales a penalty of an amount determined by it in accordance with regulations. 4 Before imposing a monetary penalty, Qualifications Wales must give notice to the awarding body concerned of its intention to do so. 5 The notice must— a set out Qualifications Wales' reasons for proposing to impose the penalty; b specify the proposed amount of the penalty; c specify a period with the expiry of which Qualifications Wales proposes to decide whether to impose the penalty. 6 The period specified under subsection (5)(c) must be a period of at least 28 days beginning with the date of the notice. 7 In deciding whether to impose the penalty, Qualifications Wales must have regard to any representations made by the awarding body. 8 If Qualifications Wales decides to impose a monetary penalty, it must give the awarding body concerned a notice specifying— a the amount of the penalty, and b the period within which payment must be made. 9 The period specified under subsection (8)(b) must be a period of at least 28 days beginning with the date of the notice. 10 The notice must also contain information as to— a the grounds for imposing the penalty, b how payment may be made, c rights of appeal under section 39, and d the consequences of non-payment. 11 Any sums received by Qualifications Wales by way of a monetary penalty imposed under this section or interest under section 40 must be paid by it into the Welsh Consolidated Fund. Monetary penalties: appeals 39 1 An awarding body may appeal to the First-tier Tribunal against— a a decision to impose a monetary penalty on the body under section 38; b a decision as to the amount of the penalty. 2 An appeal under this section may be made on the ground— a that the breach of condition in respect of which the monetary penalty was imposed did not occur, or b that the decision was otherwise— i based on an error of fact, ii wrong in law, or iii unreasonable. 3 If an appeal is made under this section, the requirement to pay the penalty is suspended until the appeal is withdrawn or determined. 4 On an appeal under this section the Tribunal may— a withdraw the requirement to pay the penalty; b confirm that requirement; c vary that requirement; d remit the decision whether to confirm the requirement to pay the penalty, or any matter relating to that decision, to Qualifications Wales. Monetary penalties: interest 40 1 Subsection (3) applies if all or part of a monetary penalty imposed on an awarding body under section 38 is unpaid at the end of the period ending with the applicable date. 2 The applicable date is the latest of— a the last date on which payment may be made in accordance with the notice given under section 38(8); b the last date on which the awarding body may make an appeal under section 39 in respect of the penalty, if no such appeal is made on or before that date; c if an appeal under section 39 in respect of the penalty is made on or before the date referred to in paragraph (b)— i the final day of the period of 14 days beginning with the date on which the appeal is determined, or ii if the appeal is withdrawn before being determined, the final day of the period of 14 days beginning with the date on which the appeal is withdrawn. 3 The unpaid amount of the penalty for the time being carries interest, beginning with the day after the applicable date, at the rate for the time being specified in section 17 of the Judgments Act 1838 (c.110) (and does not also carry interest as a judgment debt under that section). 4 The total amount of interest imposed under subsection (3) must not exceed the amount of the penalty. 5 No interest is payable in respect of any period during which the requirement to pay a monetary penalty is suspended under section 39(3). Costs recovery for imposition of sanctions 41 1 Qualifications Wales may, by notice, require an awarding body on which a sanction has been imposed to pay the costs incurred by Qualifications Wales in connection with imposing the sanction. 2 The references in subsection (1) to imposing a sanction are to— a giving a direction under section 37; b imposing a monetary penalty under section 38; c withdrawing recognition under paragraph 19 of Schedule 3. 3 “ Costs ” includes, among other things— a investigation costs; b administration costs; c costs of obtaining expert advice (including legal advice). 4 A notice given to an awarding body under subsection (1) must— a specify the amount required to be paid, b specify the period within which payment must be made, and c contain a detailed breakdown of the amount specified. 5 The period specified under subsection (4)(b) must be a period of at least 28 days beginning with the date on which the notice is sent. 6 The notice must also contain information as to— a how payment may be made, b rights of appeal under section 42, and c the consequences of non-payment. Costs recovery: appeals 42 1 An awarding body may appeal to the First-tier Tribunal against— a a decision under section 41(1) to require the body to pay costs; b a decision as to the amount of those costs. 2 An appeal under this section may be made on the ground— a that the decision was based on an error of fact; b that the decision was wrong in law; c that the decision was unreasonable. 3 If an appeal is made under this section, the requirement to pay the costs is suspended until the appeal is withdrawn or determined. 4 On an appeal under this section the Tribunal may— a withdraw the requirement to pay the costs; b confirm that requirement; c vary that requirement; d remit the decision whether to confirm the requirement to pay the costs, or any matter relating to that decision, to Qualifications Wales. Costs: interest 43 1 Subsection (3) applies if all or part of an amount of costs that an awarding body is required to pay under section 41(1) is unpaid at the end of the period ending with the applicable date. 2 The applicable date is the latest of— a the last date on which payment may be made in accordance with the notice given under section 41; b the last date on which the awarding body may make an appeal under section 42 in respect of the costs, if no such appeal is made on or before that date; c if an appeal under section 42 in respect of the costs is made on or before the date referred to in paragraph (b)— i the final day of the period of 14 days beginning with the date on which the appeal is determined, or ii if the appeal is withdrawn before being determined, the final day of the period of 14 days beginning with the date on which the appeal is withdrawn. 3 The unpaid amount of the costs for the time being carries interest, beginning with the day after the applicable date, at the rate for the time being specified in section 17 of the Judgments Act 1838 (c.110) (and does not also carry interest as a judgment debt under that section). 4 The total amount of interest imposed under subsection (3) must not exceed the amount of the costs. 5 No interest is payable in respect of any period during which the requirement to pay the costs is suspended under section 42(3). Entry and inspection of premises 44 1 An authorised person may apply to a justice of the peace for an order under this section in respect of premises occupied by a recognised body. 2 The justice of the peace may make an order under this section only if satisfied that the requirements in subsections (3) to (5) are met. 3 The first requirement is that there are reasonable grounds for believing that the body has failed to comply with— a a condition to which its recognition is subject, or b a condition to which approval under Part 4 of a form of a qualification awarded by it is subject. 4 The second requirement is that— a entry to the premises has been, or is likely to be, refused, or b requesting entry would be likely to defeat the object of the entry. 5 The third requirement is that entry to the premises is necessary to ascertain whether there has been a breach of the condition by reference to which the requirement in subsection (3) is met. 6 When an order under this section is in force, an authorised person and any constable accompanying the authorised person in accordance with the order may, for the purpose of ascertaining whether there has been a breach of a condition referred to in subsection (3)— a enter the premises specified in the order; b inspect and copy records and documents found on the premises or remove them from the premises; c require access to, and inspect and check the operation of, any computer or other electronic device found on the premises, and any associated apparatus or material found on the premises, which is or has been in use in connection with records or other documents; d require— i the person by whom or on whose behalf the electronic device is or has been so used, or ii any person having charge of, or otherwise concerned with the operation of, the device, apparatus or material, to afford the authorised person such assistance as the authorised person may reasonably require (including, among other things, the making of information available for inspection or copying in a legible form). 7 An order under this section must specify— a the premises to which it relates; b the period for which the order is in force. 8 An order under this section may— a permit or require the authorised person to be accompanied by a constable; b restrict the time at which the power of entry conferred by the order may be exercised; c require notice of the order to be given to the recognised body concerned. 9 A constable accompanying the authorised person in accordance with the order may (if necessary) use reasonable force to enable the exercise of the powers conferred by the order. 10 References in this section to an authorised person are to a member of the staff of Qualifications Wales who is authorised (generally or specifically) by Qualifications Wales for the purposes of this section. PART 8 SUPPLEMENTARY Commercial activities Provision of services etc by Qualifications Wales 45 1 Qualifications Wales may, on a commercial basis, provide consultancy and other services in connection with any of its functions or any other matter related to qualifications. 2 Services may be provided under this section on such terms and subject to such conditions (if any) as Qualifications Wales may determine, including (among other things) as to fees charged by Qualifications Wales. 3 Qualifications Wales may, with the Welsh Ministers' approval, form a company to provide services under this section. 4 Qualifications Wales is to be the sole member of any company formed under subsection (3). Review and research Review and research 46 1 Qualifications Wales may keep under review— a the awarding of approved qualifications by a recognised body; b the awarding of forms of qualification designated under section 29 by a recognised body; c any other activities of a recognised body which Qualifications Wales considers are relevant to the body's recognition; d any other aspect of qualifications. 2 Qualifications Wales must keep under review the respective roles played by it and by awarding bodies in respect of the Welsh qualification system. 3 Qualifications Wales may carry out or commission research into any matter connected with qualifications. Subsidiary functions Policy statement and statement about consultation 47 1 Qualifications Wales must prepare a statement of its policy (a “policy statement”) with respect to the exercise of its functions under— a Part 3 (recognition of awarding bodies); b Part 4 (priority qualifications and approval of qualifications); c Part 5 (designation of other qualifications); d Part 7 (enforcement powers of Qualifications Wales); e section 45 (provision of services etc by Qualifications Wales); f section 46(1) (reviews). 2 The policy statement must contain information as to— a circumstances in which recognition of an awarding body is likely to be made subject to a special condition; b matters likely to be taken into account by Qualifications Wales in deciding whether to designate a form of qualification under section 29, in determining the period for which such a designation is to have effect and in deciding whether to revoke such a designation; c criteria likely to be applied by Qualifications Wales in determining whether it is appropriate in any case to impose a fee capping condition so as to secure value for money; d matters likely to be taken into account by Qualifications Wales in determining the limit specified in a fee capping condition; e the likely duration of a fee capping condition; f circumstances in which a direction is likely to be given to an awarding body in accordance with a transfer condition, and the likely subject matter of any direction given in accordance with a transfer condition; g matters likely to be taken into account by Qualifications Wales in determining whether to make a payment to an awarding body under paragraph 15 of Schedule 3, and in determining the amount of any such payment; h the circumstances in which, and occasions on which, special conditions are likely to be reviewed or revised, and the factors that are likely to be taken into account in any review or revision; i the circumstances in which Qualifications Wales is likely to impose a monetary penalty under section 38; j factors which Qualifications Wales is likely to take into account in determining the amount of a penalty to be imposed under that section. 3 Qualifications Wales must also prepare a statement setting out— a circumstances in which Qualifications Wales proposes to carry out consultation in respect of the exercise of any of its functions; b the manner in which it proposes to carry out consultation. 4 Qualifications Wales must keep the statements prepared under this section under review, and if it considers it appropriate in consequence of a review, prepare revised statements. 5 Qualifications Wales must publish any statement or revised statement prepared under this section. Complaints 48 1 Qualifications Wales must make arrangements for dealing with complaints made in respect of— a the exercise of its functions; b the awarding of approved qualifications by a recognised body; c the awarding of forms of qualification designated under section 29 by a recognised body; d any other activities of a recognised body which Qualifications Wales considers are relevant to the body's recognition. 2 Qualifications Wales must publish the arrangements. 3 The arrangements may (among other things) make provision— a about the type of complaint in respect of which they apply; b for a complaint to be referred to a person who is independent of Qualifications Wales. 4 A person is independent of Qualifications Wales, for this purpose— a in the case of an individual, if he or she is neither a member of Qualifications Wales nor a member of Qualifications Wales' staff; b in the case of a body, if none of the body's members is a member of Qualifications Wales nor a member of Qualifications Wales' staff. Charging scheme 49 1 Qualifications Wales may charge fees to be paid by an awarding body in respect of the costs incurred by it in relation to that body in connection with— a the exercise of its functions under Part 3 (recognition of awarding bodies), b the exercise of its functions under Part 4 (priority qualifications and approval of qualifications), c the exercise of its functions under Part 5 (designation of other qualifications), d the exercise of its functions under section 46(1)(a) to (c) (review of approved qualifications, designated qualifications and recognised bodies), or e the handling of a complaint against an awarding body under arrangements made under section 48. 2 Any fees charged by Qualifications Wales in connection with the matters referred to in subsection (1) must be charged in accordance with a scheme prepared and published by Qualifications Wales that sets out the fees payable in respect of those matters. 3 Qualifications Wales may revise the scheme. 4 The scheme (and any revised scheme) is to be treated as having effect only if approved by the Welsh Ministers. Grants 50 1 Qualifications Wales may make grants to a person if Qualifications Wales considers it is appropriate to do so in connection with any of Qualifications Wales' functions. 2 A grant under this section may be made subject to conditions (including conditions as to repayment). Provision of information or advice 51 If requested to do so by the Welsh Ministers, Qualifications Wales must provide the Welsh Ministers with such information or advice, on matters relating to any of its functions, as is specified in the request. Joint working 52 Qualifications Wales may work jointly with another person if Qualifications Wales considers it is appropriate to do so in connection with any of Qualifications Wales' functions. Duty to have regard to government policy and other matters 53 1 In exercising its functions, Qualifications Wales must have regard to such aspects of government policy, and to such other matters, as the Welsh Ministers may direct. 2 A direction given under subsection (1)— a must be published by the Welsh Ministers; b may be varied or revoked by a later direction. Performance of regulatory activities by Qualifications Wales 54 1 Qualifications Wales must have regard to the principles in subsection (2) in carrying out its functions under— a Part 3 (recognition of awarding bodies); b Part 4 (priority qualifications and approval of qualifications); c Part 7 (enforcement powers of Qualifications Wales); d section 46(1)(a) to (c) (review of approved qualifications, designated qualifications and recognised bodies); e section 48 (complaints). 2 The principles are that— a regulatory activities should be carried out in a way that is transparent, accountable, proportionate and consistent, and b regulatory activities should be targeted only at cases in which action is needed. PART 9 GENERAL Regulations 55 1 A power to make regulations under this Act— a is exercisable by statutory instrument; b includes power to make different provision for different purposes; c includes power to make supplemental, incidental, consequential, transitional, transitory or saving provision. 2 A statutory instrument containing any of the following may not be made unless a draft of the instrument has been laid before, and approved by resolution of, the National Assembly for Wales— a regulations made under section 21 (power to specify minimum requirements); b regulations made under section 38(3) (power to impose monetary penalties); c regulations made under section 59 that amend or repeal any provision of an Act of Parliament or a Measure or Act of the National Assembly for Wales. 3 Any other statutory instrument containing regulations made under this Act is subject to annulment in pursuance of a resolution of the National Assembly for Wales. Interpretation of references to “qualification” 56 1 References in this Act to a qualification, except so far as a contrary intention appears, are to an academic or vocational qualification awarded in Wales, other than— a a foundation degree; b a first degree; c a degree at a higher level. 2 A qualification is awarded in Wales, for the purposes of this section, if there are, or may reasonably be expected to be, persons seeking to obtain the qualification who are, will be, or may reasonably be expected to be, assessed in respect of the qualification wholly or mainly in Wales. 3 A reference in this Act to the award of a qualification includes a reference to— a the award of credits in respect of components of a qualification; b the award of a qualification by a body either jointly or with others. 4 References in this Act to a form of a qualification are to the particular version of a qualification that is, or is to be, offered by a particular awarding body. General interpretation and index of defined expressions 57 1 The provisions of this Act and those of the Education Act 1996 (c.56) are to be read as if they were all contained in the Education Act 1996 (but this is subject to subsection (2)). 2 Where for the purposes of any provision of this Act an expression is given a meaning different from that given to it in the Education Act 1996 (c.56), that meaning is to apply for the purposes of that provision, instead of the meaning given for the purposes of the Education Act 1996 (c.56). 3 In this Act— “ approved qualification ” (“ cymhwyster a gymeradwywyd ”) means a form of a qualification approved by Qualifications Wales under Part 4 (priority qualifications and approval of qualifications); “ assessment arrangements ” (“ trefniadau asesu ”), in relation to a qualification, means arrangements for assessing relevant skills, knowledge and understanding in relation to the qualification; “ awarding body ” (“ corff dyfarnu ”) means a person who awards, or proposes to award, a qualification; “ company ” (“ cwmni ”) means a company as defined in section 1(1) of the Companies Act 2006 (c.46); “ fee capping condition ” (“ amod capio ffioedd ”) has the meaning given in paragraph 6 of Schedule 3; “ general recognition criteria ” (“ meini prawf cydnabod cyffredinol ”) has the meaning given in section 5(1); “ higher education institution ” (“ sefydliad addysg uwch ”) means an institution within the higher education sector; “ learners ” (“ dysgwyr ”) means persons who are seeking to obtain, or who might reasonably be expected to seek to obtain, qualifications; “ learning provider ” (“ darparwr dysgu ”) means a person by whom education or training leading to a qualification is provided; “ monetary penalty ” (“ cosb ariannol ”) has the meaning given in section 38(3); “ notice ” (“ hysbysiad ”) means notice in writing; the “ principal aims ” (“ prif nodau ”) of Qualifications Wales means the aims listed in section 3(1); “ priority qualification ” (“ cymhwyster blaenoriaethol ”) has the meaning given in section 13(6); “ qualification ” (“ cymhwyster ”) has the meaning given in section 56; “ qualification specific recognition criteria ” (“ meini prawf cydnabod sy'n benodol i gymhwyster ”) has the meaning given in section 6(1); “ recognised body ” (“ corff cydnabyddedig ”) has the meaning given in section 12(2); “ recognition ” (“ cydnabyddiaeth ”) has the meaning given in section 12(2); “ regulations ” (“ rheoliadau ”) means regulations made by the Welsh Ministers; “ relevant knowledge, skills or understanding ” (“ yr wybodaeth berthnasol, y sgiliau perthnasol neu'r ddealltwriaeth berthnasol ”), in relation to a qualification, are the knowledge, skills or understanding required to be demonstrated for the purpose of determining whether a person is to be awarded the qualification; “ restricted priority qualification ” (“ cymhwyster blaenoriaethol cyfyngedig ”) has the meaning given in section 13(6); “ special condition ” (“ amod arbennig ”) has the meaning given in paragraph 4 of Schedule 3; “ transfer condition ” (“ amod trosglwyddo ”) has the meaning given in paragraph 12 of Schedule 3; “ unrestricted priority qualification ” (“ cymhwyster blaenoriaethol anghyfyngedig ”) has the meaning given in section 13(6); “ Welsh qualification system ” (“ system gymwysterau Cymru ”) has the meaning given in section 3(3). 4 For the purposes of this Act a person is assessed wholly or mainly in Wales, in respect of a qualification, only if the activities carried out by the person for the purposes of demonstrating relevant knowledge, skills or understanding are carried out wholly or mainly in Wales. 5 A person has a learning difficulty, for the purposes of this Act, if the person— a has special educational needs or additional learning needs , or b has a significantly greater difficulty in learning than the majority of persons of the person's age, or c has a disability that either prevents or hinders the person from making use of educational facilities of a kind generally provided for persons of the same age. 6 But a person is not to be taken to have a learning difficulty solely because the language (or form of language) in which the person is or will be taught is different from a language (or form of language) which has at any time been spoken in the person's home. 7 References in this Act to a body's being recognised in respect of a qualification are to be construed in accordance with section 12. 8 References in this Act to the award of a form of qualification as an approved qualification are to be construed in accordance with section 22(4). Consequential amendments 58 Schedule 4 contains consequential amendments. Power to make consequential and transitional provision etc 59 1 If the Welsh Ministers consider it necessary or expedient for the purposes of, in consequence of, or for giving full effect to, any provision of this Act, they may by regulations make— a any supplementary, incidental or consequential provision; b any transitional, transitory or saving provision. 2 Regulations under this section may (among other things) amend, repeal or revoke any enactment. 3 In this section, “enactment” mean an enactment, whenever enacted or made, comprised in or made under— a an Act of Parliament; b a Measure or Act of the National Assembly for Wales. Coming into force 60 1 The following provisions come into force on the day on which this Act receives Royal Assent— a section 1; b section 2(3); c sections 55 to 57; d section 59; e this section; f section 61; g Schedule 2. 2 The other provisions of this Act come into force on such day as the Welsh Ministers may appoint by order made by statutory instrument. 3 An order under subsection (2) may— a appoint different days for different purposes; b make transitional, transitory or saving provision in connection with the coming into force of a provision of this Act. Short title and inclusion as one of the Education Acts 61 1 The short title of this Act is the Qualifications Wales Act 2015. 2 This Act is to be included in the list of Education Acts set out in section 578 of the Education Act 1996. SCHEDULE 1 QUALIFICATIONS WALES (introduced by section 2) PART 1 ESTABLISHMENT OF QUALIFICATIONS WALES Status 1 Qualifications Wales is not to be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown. Membership 2 Qualifications Wales is to consist of the following members— a a person appointed under paragraph 10 as the chief executive of Qualifications Wales (“the chief executive”); b a person appointed by the Welsh Ministers to chair Qualifications Wales (“the chair”); c at least eight and no more than ten other persons appointed by the Welsh Ministers under this paragraph (“ordinary members”). The chair and ordinary members 3 1 The chair and ordinary members hold and vacate office in accordance with the terms and conditions of their appointments. 2 Subject to the provisions of this Schedule, those terms and conditions are to be determined by the Welsh Ministers. 4 1 A person is disqualified from being the chair or an ordinary member if the person is— a a member of an awarding body recognised by Qualifications Wales or a member of its staff; b a Member of the National Assembly for Wales; c a Member of the House of Commons or the House of Lords. 2 A person ceases to hold office as the chair or as an ordinary member if that person becomes disqualified. 5 1 The chair is to be appointed for a term of up to three years. 2 A person may be reappointed as chair once only. 6 1 Ordinary members are to be appointed for a term of up to three years. 2 A person who has held office as an ordinary member may be reappointed. 3 The terms of any reappointment may not permit an ordinary member to hold office for a total period of more than six years (whether or not continuous). 4 But where a person previously appointed as an ordinary member has not held office as such in an immediately preceding period of three years or more, that person's previous period or periods of office as an ordinary member are to be disregarded for the purposes of sub-paragraph (3). 7 The chair or an ordinary member may resign from office at any time by giving written notice to the Welsh Ministers and to Qualifications Wales. 8 The Welsh Ministers may remove the chair or an ordinary member from office if they are satisfied that the person is unable or unfit to carry out the functions of office, or is otherwise failing to do so. 9 Qualifications Wales may, with the Welsh Ministers' approval, pay or make provision for the payment of remuneration, allowances and pension to, or in respect of, a person who is or has been the chair or an ordinary member. The chief executive and other staff 10 1 The first person appointed as chief executive is to be appointed by the Welsh Ministers— a on such terms and conditions (including conditions as to remuneration, allowances and pension) as the Welsh Ministers determine, and b for a term of up to three years. 2 Subsequent appointments (or reappointments) of a person as chief executive are to be made by Qualifications Wales. 11 A person may not be appointed as chief executive if the person is— a a member of an awarding body recognised by Qualifications Wales or a member of its staff; b a Member of the National Assembly for Wales; c a Member of the House of Commons or the House of Lords. 12 The previous appointment of a person as chief executive does not affect the person's eligibility for reappointment. 13 The chief executive is a member of Qualifications Wales' staff. 14 Qualifications Wales may appoint other members of staff. 15 Except in relation to the first person appointed as chief executive under paragraph 10(1), the following are to be determined by Qualifications Wales, with the approval of the Welsh Ministers— a the terms and conditions of its staff (including remuneration and allowances); b the payment or provision for the payment of pension to or in respect of a member of its staff or a former member of staff. 16 Service as a member of Qualifications Wales' staff is not service in the civil service of the State. Committees 17 1 Qualifications Wales may establish committees. 2 A committee established under this paragraph may— a establish sub-committees; b dissolve sub-committees established by it. 3 Qualifications Wales may also dissolve sub-committees established under this paragraph. 4 Qualifications Wales may pay remuneration and allowances to any person who— a is a member of a committee or a sub-committee established under this paragraph, but b is not a member of Qualifications Wales or a member of its staff. 18 1 Qualifications Wales may, in connection with the exercise of its functions, establish a committee jointly with any person. 2 In this Schedule a committee established under this paragraph is referred to as a “ joint committee ”. 3 A joint committee may establish sub-committees (“joint sub-committee”). 4 Qualifications Wales may pay remuneration and allowances to any person who— a is a member of a joint committee or a joint sub-committee, but b is not a member of Qualifications Wales or a member of its staff. Delegation 19 1 Qualifications Wales may delegate any of its functions to— a a member of Qualifications Wales or a member of its staff; b a committee established by Qualifications Wales under paragraph 17; c a joint committee. 2 A function is delegated under this paragraph to the extent and on the terms that Qualifications Wales determines. 20 1 A committee established by Qualifications Wales under paragraph 17 may delegate any of its functions to a sub-committee established by it. 2 A function is delegated under this paragraph to the extent and on the terms that the committee determines, but this is subject to any direction given by Qualifications Wales as to what a committee established by it may or may not do. 21 1 A joint committee may delegate any of its functions to a sub-committee established by it. 2 A function is delegated under this paragraph to the extent and on the terms that the joint committee determines, but this is subject to any direction given by Qualifications Wales and the person with whom it established the joint committee as to what the joint committee may or may not do. Procedure 22 Qualifications Wales may regulate— a its own proceedings (including quorum), and b the procedure (including quorum) of its committees (except joint committees). 23 A committee established by Qualifications Wales under paragraph 17 may regulate the procedure (including quorum) of any sub-committee established by it. 24 A joint committee may regulate— a its own procedure (including quorum), and b the procedure (including quorum) of any sub-committee established by it. 25 The validity of proceedings of Qualifications Wales, of a committee or sub-committee established under paragraph 17, or of a joint committee or a joint sub-committee, is not affected by— a a vacancy; b a defective appointment. Register of interests 26 1 Qualifications Wales must establish and maintain a system for the declaration and registration of its members' interests. 2 Qualifications Wales must publish entries recorded in the register of members' interests. Supplementary powers 27 1 Qualifications Wales may do anything that it considers necessary or appropriate for the purposes of, or in connection with, its functions. 2 But Qualifications Wales may not, without the approval of the Welsh Ministers— a acquire or dispose of land or any other property, for consideration of an amount in excess of the expenditure threshold; b borrow or lend money. 3 The expenditure threshold is whatever amount (if any) is specified in a notice given by the Welsh Ministers to Qualifications Wales for the purposes of this paragraph. 4 A notice under paragraph (3)— a may specify different thresholds for different kinds of land or other property, and b may be varied or revoked by the Welsh Ministers. Annual and other reports 28 1 As soon as reasonably practicable after the end of each reporting period Qualifications Wales must prepare a report (“ the annual report ”) giving details of— a how Qualifications Wales has exercised its functions during the period (including by reference to its principal aims); b Qualifications Wales' proposed activities and priorities for the next reporting period. 2 The information that is to be included under sub-paragraph (1)(a) includes (among other things)— a details of the conclusions of any assessment carried out by Qualifications Wales, during the reporting period, of the impact of the exercise of its functions on— i the Welsh qualification system; ii learners, employers and higher education institutions; b details of how Qualifications Wales has involved stakeholders in the exercise of its functions during the reporting period; c details of any conclusions reached, during the reporting period, as a result of any research carried out by or on behalf of Qualifications Wales under section 46(3). 3 In sub-paragraph (2)(b) “ stakeholders ” means those persons whom Qualifications Wales considers have an interest in the exercise of its functions. 4 The annual report may include any other information Qualifications Wales thinks fit. 5 In this paragraph “ reporting period ” means— a the period beginning with the day on which section 2(1) comes into force and ending with 31 August 2016; and b subsequently, each successive period of 12 months. 29 Qualifications Wales must— a lay a copy of the annual report before the National Assembly for Wales; b publish the annual report. 30 Qualifications Wales may if it thinks fit prepare and publish other reports on matters relating to its functions. Finance 31 1 The Welsh Ministers may make grants to Qualifications Wales of such amounts and subject to such terms and conditions (including as to repayment) as they may determine. 2 The Welsh Ministers must publish any terms and conditions to which grants made under sub-paragraph (1) are subject. Accounts and audit 32 1 Qualifications Wales must keep proper accounts and proper records in relation to the accounts. 2 Qualifications Wales must prepare a statement of accounts in respect of each financial year in accordance with directions given by the Welsh Ministers. 3 The directions may make provision as to— a the information to be contained in the statement; b the manner in which the information is to be presented; c the methods and principles according to which the statement is to be prepared; d any additional information that is to accompany the statement. 4 The Welsh Ministers may vary or revoke a direction they have given under this paragraph. 33 1 No later than 31 August after the end of each financial year Qualifications Wales must submit its statement of accounts to the Auditor General for Wales. 2 The Auditor General must— a examine, certify and report on the statement of accounts, and b no later than 4 months after the statement was submitted, lay before the National Assembly for Wales a copy of the certified statement and report. 34 In paragraphs 32 and 33 “ financial year ” means— a the period beginning on the day on which section 2(1) comes into force and ending on the following 31 March; b subsequently, each successive period of 12 months. Examination of use of resources 35 1 The Auditor General for Wales may carry out examinations into the economy, efficiency and effectiveness with which resources have been used in discharging Qualifications Wales' functions. 2 Sub-paragraph (1) is not to be construed as entitling the Auditor General for Wales to question the merits of the policy objectives of Qualifications Wales. PART 2 CONSEQUENTIAL AMENDMENTS Care Standards Act 2000 (c.14) 36 In Schedule 2A to the Care Standards Act 2000 (persons subject to review by the commissioner under section 72B), after paragraph 10, insert— 10A Qualifications Wales. Freedom of Information Act 2000 (c.36) 37 In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public bodies and offices: general), at the appropriate place insert— “ Qualifications Wales. ” Public Services Ombudsman (Wales) Act 2005 (c.10) 38 In Schedule 3 to the Public Services Ombudsman (Wales) Act 2005 (investigation of complaints etc: listed authorities), under the sub-heading “Education and training”, at the end insert— “ Qualifications Wales. ” Commissioner for Older People (Wales) Act 2006 (c.30) 39 In Schedule 2 to the Commissioner for Older People (Wales) Act 2006 (persons whose functions are subject to review under section 3), under the sub-heading “Education and training”— a omit the entry “The Qualifications, Curriculum and Assessment Authority for Wales”, and b at the end insert— Qualifications Wales. Equality Act 2010 (c.15) 40 In Part 2 of Schedule 19 to the Equality Act 2010 (public authorities subject to public sector equality duty: relevant Welsh authorities), under the sub-heading “Other educational bodies”, at the end insert— “ Qualifications Wales. ” SCHEDULE 2 TRANSFERS OF PROPERTY AND STAFF TO QUALIFICATIONS WALES (introduced by section 2) 1 1 The Welsh Ministers may make one or more schemes providing for— a staff of the Welsh Assembly Government to become members of staff of Qualifications Wales, and b the transfer of property, rights and liabilities of the Welsh Ministers to Qualifications Wales. 2 The things that may be transferred under a scheme under this Schedule (a “transfer scheme”) include— a property, rights and liabilities that could not otherwise be transferred; b property acquired, and rights and liabilities arising, after the making of the scheme. 3 A transfer scheme may make consequential, supplementary, incidental, transitional or transitory provision, for example so as to— a create rights, or impose liabilities, in relation to property or rights transferred; b make provision about the continuing effect of things done in respect of anything transferred; c make provision about the continuation of things (including legal proceedings) in the process of being done in respect of anything transferred; d make provision for the shared ownership or use of property; e make provision for references to the Welsh Assembly Government or the Welsh Ministers in an instrument or other document in respect of anything transferred to be treated as references to Qualifications Wales; f make provision which is the same as or similar to a provision made by the TUPE regulations in a case where those regulations do not apply in relation to the transfer. 2 A transfer scheme may provide— a for modification by agreement; b for modifications to have effect from the date when the original scheme came into effect. 3 For the purposes of this Schedule— a an individual who holds employment in the civil service is to be treated as employed by virtue of a contract of employment, and b the terms of the individual's employment in the civil service are to be regarded as constituting the terms of the contract of employment. 4 In this Schedule— “ civil service ” (“ gwasanaeth sifil ”) means the civil service of the State; “ TUPE regulations ” (“ rheoliadau TUPE ”) means the Transfer of Undertakings (Protection of Employment) Regulations 2006 ( SI 2006/246); references to rights and liabilities include rights and liabilities relating to a contract of employment; references to the transfer of property include the grant of a lease. 5 The Welsh Ministers must lay a copy of a transfer scheme made under this Schedule before the National Assembly for Wales. SCHEDULE 3 FURTHER PROVISION ABOUT RECOGNITION OF AWARDING BODIES (introduced by section 11) Duration of recognition 1 1 The recognition of an awarding body has effect from whatever date is specified by Qualifications Wales on recognising the body. 2 It ceases to have effect on whichever is the earliest of— a its surrender under paragraph 17; b its withdrawal under paragraph 19; c the awarding body (in the case of a body recognised under section 9) ceasing to be recognised under section 8. Standard conditions of recognition 2 1 Qualifications Wales must prepare and publish conditions (the “standard conditions”) to which (subject to sub-paragraphs (3) and (4)) each recognition of an awarding body is to be subject. 2 The standard conditions may, among other things, make provision about compliance with directions given to a recognised body by Qualifications Wales under this paragraph. 3 Different standard conditions may be set for different purposes, including among other things by reference to— a different descriptions of awarding bodies; b different qualifications or descriptions of qualification (including by reference to whether or not a qualification is an approved qualification or a qualification designated under section 29); c different circumstances in which a qualification is awarded; d different descriptions of person to whom a qualification is awarded. 4 Qualifications Wales may determine that, in a particular case, recognition of an awarding body is not to be subject to a standard condition specified in the determination which would otherwise apply. 5 A determination within sub-paragraph (4) may be made either at the time of granting the recognition concerned, or subsequently, and may be revoked by Qualifications Wales. 6 The standard conditions may not include— a fee capping conditions (for which see paragraphs 6 to 11); b transfer conditions (for which see paragraphs 12 to 16). 3 1 Qualifications Wales may revise the standard conditions; and if it does so, each recognition (whether granted before or after the revisions come into effect) is to be subject to the conditions as revised. 2 Sub-paragraph (1) is subject to paragraph 2(3) and (4). 3 If Qualifications Wales revises the standard conditions, it must— a publish the conditions as revised, b notify each recognised body of the revisions, and of when they are to come into effect. 4 Qualifications Wales may provide that a revision to the conditions is to come into effect on different dates in relation to different bodies, or in relation to different descriptions of body. 5 A revision is not to be treated as coming into effect in relation to a body before the body has been notified of it. Special conditions to which recognition may be subject 4 1 The recognition of a body may, in addition, be made subject to any other conditions (“special conditions”) specified by Qualifications Wales, either at the time of recognising the body or subsequently. 2 The special conditions may include— a fee capping conditions; b transfer conditions; c conditions making provision about compliance with directions given under this paragraph by Qualifications Wales. 3 Special conditions may make different provision for different purposes, including among other things by reference to— a different qualifications or descriptions of qualification (including by reference to whether or not a qualification is an approved qualification or a qualification designated under section 29); b different circumstances in which a qualification is awarded; c different descriptions of person to whom a qualification is awarded. 5 1 Qualifications Wales may revise or revoke a special condition. 2 If Qualifications Wales revises or revokes a special condition, it must— a notify the body concerned of the revision or revocation, and b specify when the revision or revocation is to come into effect. 3 The date specified under sub-paragraph (2)(b) must not precede the date of notification under sub-paragraph (2)(a). 4 This paragraph is subject to paragraph 11 (revision of a fee capping condition). Fee capping conditions 6 1 A fee capping condition is a special condition limiting the amount charged by a recognised body in connection with— a the award by the body to a person of an approved qualification, b the award by the body to a person of a form of a qualification that is designated under section 29, or c the provision by the body of any other service or facility in respect of the award by the body to a person of an approved qualification or of a form of qualification designated under section 29, as the case may be, where the course of education or training leading to the qualification, and undertaken by the person concerned, is publicly funded. 2 A course of education or training is publicly funded, for the purposes of this paragraph, if it is— a funded by the Welsh Ministers or a local authority in Wales, or b provided by or on behalf of a maintained school in Wales. 3 In this paragraph, “ maintained school ” means— a a community, foundation or voluntary school; b a community special school. 7 Qualifications Wales may impose a fee capping condition only if satisfied that it is appropriate to do so to secure value for money. Procedure for imposing fee capping conditions 8 1 Before imposing a fee capping condition, Qualifications Wales must give the body concerned notice of its intention to do so. 2 The notice must— a set out the fee capping condition Qualifications Wales proposes to impose; b explain why Qualifications Wales proposes to impose the condition; c specify when Qualifications Wales proposes to decide whether to impose it. 3 In deciding whether to impose the condition, Qualifications Wales must have regard to any representations made by the recognised body. 9 1 If Qualifications Wales decides to impose the fee capping condition, it must give notice to the recognised body of the decision. 2 The notice must— a inform the body of its right under arrangements made under paragraph 10 to request a review of the decision, b state the latest date on which any request for review may be made, and c specify the date on which, in the absence of a request for review, the condition is to take effect. 3 The date specified under sub-paragraph (2)(c) must be a date after the latest date on which a review may be requested under arrangements made under paragraph 10. Review of fee capping conditions 10 1 Qualifications Wales must make arrangements for a decision under paragraph 9 to impose a fee capping condition to be subject to review at the request of the recognised body concerned. 2 The arrangements must— a specify the period within which a review may be requested, b make provision for recommendations to be made by the person carrying out the review to Qualifications Wales in respect of the fee capping condition concerned, c make provision for Qualifications Wales, having considered those recommendations, either to confirm or reverse its decision to impose the condition, or to alter the condition concerned, and d require Qualifications Wales to notify the body concerned of the outcome of the review. 3 The arrangements must require a review to be carried out by a person who is independent of Qualifications Wales. 4 A person is independent of Qualifications Wales, for this purpose— a in the case of an individual, if he or she is neither a member of Qualifications Wales nor a member of Qualifications Wales' staff; b in the case of a body, if none of the body's members is a member of Qualifications Wales nor a member of Qualifications Wales' staff. 5 If following a review Qualifications Wales confirms its decision to impose a condition, or alters the condition concerned, it must give notice to the body concerned— a setting out the condition, as confirmed or altered, b giving reasons for the confirmation or alteration, and c stating the date on which the condition, or the condition as altered, will take effect. Revision of fee capping conditions 11 Paragraphs 8 to 10 apply in respect of a revision of a fee capping condition under paragraph 5 as if the revision constituted the imposition of a fee capping condition. Transfer conditions 12 1 A transfer condition is a special condition requiring an awarding body, on the occurrence of an event specified in the condition, and on being so directed by Qualifications Wales, to make arrangements specified in the direction for the purpose of securing that a form of a qualification which is or has been awarded by the body may be awarded by another awarding body where— a the form of qualification has been approved by Qualifications Wales, or b the form of qualification has been designated by Qualifications Wales under section 29. 2 The arrangements may include, among other things, provision for the transfer of property and rights and for the making of payments. 3 Qualifications Wales may give a direction to an awarding body in accordance with a transfer condition only if it is satisfied that it is necessary to do so in order to avoid significant adverse effects on persons who are seeking, or might reasonably be expected to seek, to obtain the form of a qualification to which the direction relates. 13 1 If Qualifications Wales proposes to give a direction to an awarding body in accordance with a transfer condition, it must give the body concerned notice of the proposal. 2 The notice must— a set out the proposed direction; b explain why Qualifications Wales proposes to give the direction; c specify when it proposes to decide whether to give the direction. 3 In deciding whether to give the direction, Qualifications Wales must have regard to any representations made by the awarding body. 14 1 If Qualifications Wales decides to give the direction, it must give notice to the awarding body of the decision, setting out the direction. 2 The notice must— a inform the body of its right to request a review of the decision, b state the latest date on which any request for review may be made, and c specify the date by which, in the absence of a request for review, the direction is to come into effect. 3 The date specified under sub-paragraph (2)(c) must be a date after the latest date on which a review may be requested under arrangements made under paragraph 16. 15 If Qualifications Wales gives a direction to an awarding body in accordance with a transfer condition, it may, if it considers it reasonable and appropriate to do so in the circumstances, pay compensation to the body in respect of loss sustained by the body by reason of compliance with the direction. Review of decision to give direction 16 1 Qualifications Wales must make arrangements for its decision to give the direction referred to in paragraph 14 to be subject to review at the request of the awarding body concerned. 2 The arrangements must— a specify the period within which a review may be requested, b make provision for recommendations to be made by the person carrying out the review to Qualifications Wales in respect of the direction, c make provision for Qualifications Wales, having considered those recommendations, either to confirm or reverse its decision to give the direction, or to alter the direction, and d require Qualifications Wales to notify the body concerned of the outcome of the review. 3 The arrangements must require a review to be carried out by a person who is independent of Qualifications Wales. 4 A person is independent of Qualifications Wales, for this purpose— a in the case of an individual, if he or she is neither a member of Qualifications Wales nor a member of Qualifications Wales' staff; b in the case of a body, if none of the body's members is a member of Qualifications Wales nor a member of Qualifications Wales' staff. 5 If following a review Qualifications Wales confirms its decision to give a direction, or alters the direction concerned, it must give notice to the body concerned— a setting out the direction, as confirmed or altered, b giving reasons for the confirmation or alteration, and c stating the date on which the direction, or the direction as altered, will take effect. Surrender of recognition 17 1 A recognised body may give notice (a “surrender notice”) to Qualifications Wales that it wishes to cease to be recognised in respect of— a the award of a specified qualification or description of qualification, or b every qualification in respect of which it is recognised. 2 A surrender notice must specify the date with the expiry of which the body wishes to cease to be recognised in the respect concerned. 3 As soon as reasonably practicable after receipt of a surrender notice, Qualifications Wales must give notice to the recognised body (an “acknowledgement of surrender”) providing that the body is to cease to be recognised in that respect with the expiry of the date specified in the surrender notice or, if Qualifications Wales thinks appropriate, with the expiry of a different date. 4 If the acknowledgement of surrender specifies that the body is to cease to be recognised in that respect with the expiry of a different date from that specified in the surrender notice, the acknowledgement of surrender must give reasons for this. 5 Recognition in the respect concerned ceases to have effect with the expiry of the date specified in the acknowledgement of surrender. 6 In determining whether a body's recognition is to cease to have effect with the expiry of the date specified in the surrender notice, or with the expiry of a different date, Qualifications Wales is to have regard to— a the need to avoid prejudice to persons who are seeking, or might reasonably be expected to seek, to obtain the qualification, or a qualification of the description, specified in the surrender notice, and b the body's wish that recognition should cease to have effect with the expiry of the date specified in the surrender notice. Transitional provision in respect of surrender 18 1 Qualifications Wales may, if it considers it appropriate to do so for the purpose of avoiding prejudice to persons who are seeking or might reasonably be expected to seek to obtain the qualification concerned, or a qualification of the description concerned, make provision in an acknowledgement of surrender under paragraph 17(3) that is within sub-paragraph (2). 2 Provision within this sub-paragraph is provision to the effect that, from the expiry of the surrender date until the expiry of the extension date, the body is to be treated for purposes specified by Qualifications Wales in the acknowledgement of surrender as being recognised in respect of the award of the qualification or description of qualification concerned. 3 If Qualifications Wales makes provision within sub-paragraph (2)— a it must give reasons for this in the acknowledgement of surrender, and b the body is to be treated, from the expiry of the surrender date, for the purposes specified in the acknowledgement of surrender, and until the expiry of the extension date, as being recognised in respect of the award of the qualification or description of qualification concerned. 4 In this paragraph— “ extension date ” (“ dyddiad estyn ”) means a date specified by Qualifications Wales in the acknowledgement of surrender for the purposes of this paragraph; “ surrender date ” (“ dyddiad ildio ”) means the date specified by Qualifications Wales in the acknowledgement of surrender as being that from the expiry of which the body is to cease to be recognised. Withdrawal of recognition 19 1 If a recognised body fails to comply with any condition to which recognition in respect of the award of a qualification or description of qualification is subject, Qualifications Wales may withdraw its recognition of the body in respect of the award of— a a specified qualification or description of qualification, or b every qualification in respect of the award of which the body is recognised. 2 If a recognised body that awards an approved qualification fails to comply with any condition to which the approval is subject, Qualifications Wales may withdraw its recognition of the body in respect of the award of— a a specified qualification or description of qualification, or b every qualification in respect of the award of which the body is recognised. Procedure for withdrawal of recognition 20 1 Before withdrawing recognition from a recognised body under paragraph 19, Qualifications Wales must give the body notice of its intention to do so. 2 The notice must— a explain why Qualifications Wales proposes to withdraw recognition in the respect concerned, and b specify when Qualifications Wales proposes to decide whether to withdraw recognition. 3 In deciding whether to withdraw recognition as specified in the notice, Qualifications Wales must have regard to any representations made by the recognised body. 21 1 If Qualifications Wales decides to withdraw recognition, it must give notice to the recognised body of the decision. 2 The notice must— a inform the body of its right under arrangements made under paragraph 22 to request a review of the decision, b state the date by which any request for review must be made, and c specify the date with the expiry of which, in the absence of a request for review, the withdrawal is to take effect (the “withdrawal date”). 3 The withdrawal date must be a date after the last date on which a review may be requested under arrangements made under paragraph 22. 4 At any time before the withdrawal date, Qualifications Wales may decide not to withdraw the body's recognition; and if it does so, must give the body notice to this effect. 5 In determining the withdrawal date, Qualifications Wales is to have regard to the need to avoid prejudice to persons who are seeking, or might reasonably be expected to seek, to obtain a qualification, or a qualification of the description, in respect of the award of which recognition is to be withdrawn. Review of decision to withdraw recognition 22 1 Qualifications Wales must make arrangements for a decision to withdraw recognition from a body to be subject to review at the request of the body concerned. 2 The arrangements must— a specify the period within which a review may be requested, b make provision for recommendations to be made by the person carrying out the review to Qualifications Wales in respect of the withdrawal, c make provision for Qualifications Wales, having considered those recommendations, either to confirm or reverse its decision to withdraw recognition, and d require Qualifications Wales to notify the body concerned of the outcome of the review. 3 The arrangements must require a review to be carried out by a person who is independent of Qualifications Wales. 4 A person is independent of Qualifications Wales, for this purpose— a in the case of an individual, if he or she is neither a member of Qualifications Wales nor a member of Qualifications Wales' staff; b in the case of a body, if none of the body's members is a member of Qualifications Wales nor a member of Qualifications Wales' staff. 5 If following a review Qualifications Wales confirms its decision to withdraw recognition, it must give notice to the body concerned— a giving reasons for the confirmation, and b stating the date with the expiry of which the withdrawal will take effect. Transitional provision in respect of withdrawal 23 1 Notice under paragraph 21 or 22 may include provision within sub-paragraph (2), if Qualifications Wales considers that provision appropriate for the purpose of avoiding prejudice to persons who are seeking or might reasonably be expected to seek to obtain the qualification, or a qualification of the description, in respect of the award of which recognition is to be withdrawn. 2 Provision within this sub-paragraph is provision to the effect that, from the expiry of the withdrawal date until the expiry of the extension date, the body is to be treated for purposes specified by Qualifications Wales in the notice as being recognised in respect of the award of the qualification or description of qualification concerned. 3 If Qualifications Wales makes provision in a notice within sub-paragraph (2)— a it must give reasons for this in the notice, and b the body is to be treated from the expiry of the withdrawal date, for the purposes specified in the notice, and until the expiry of the extension date, as being recognised in respect of the award of the qualification or description of qualification concerned. 4 Sub-paragraph (5) applies if— a notice under paragraph 21 contains provision within sub-paragraph (2) (the “original extension provision”), and b a review of the decision to withdraw recognition is carried out under paragraph 22. 5 The original extension provision has no effect, for the purposes of sub-paragraph (3)(b), unless it is confirmed in notice under paragraph 22 confirming the decision to withdraw recognition. 6 In this paragraph— “ extension date ” (“ dyddiad estyn ”) means a date specified by Qualifications Wales in the notice for the purposes of this paragraph; “ withdrawal date ” (“ dyddiad tynnu'n ôl ”) means the date specified by Qualifications Wales in the notice as being that from the expiry of which recognition is to be withdrawn. SCHEDULE 4 CONSEQUENTIAL AMENDMENTS (introduced by section 58) Education Act 1996 (c.56) 1 1 The Education Act 1996 is amended as follows. 2 In section 408— a in subsection (1)(a) after “2009” insert “ or the provisions of the Qualifications Wales Act 2015 ” ; b in subsection (2)(e) omit “or 99”; c after subsection (2)(e), insert— f arrangements relating to qualifications within the meaning given in section 56 of the Qualifications Wales Act 2015 which are approved under Part 4 of that Act and to courses of education or training leading to such qualifications. 3 In Schedule 36A, in the table in paragraph 2, in the entry for sections 96, 101 and 102 of the Learning and Skills Act 2000— a in the first column, omit “and 102”; b in the second column, after “qualifications” insert “ (in England) ” . Education Act 1997 (c.44) 2 1 The Education Act 1997 is amended as follows. 2 In section 29, after subsection (6) insert— 7 In this section references to ”school examinations and assessment” do not include examinations taken or assessments carried out for the purpose of the award of a qualification within the meaning of section 56 of the Qualifications Wales Act 2015. 3 Omit— a section 30; b section 32(3), (3A) and (4); c sections 32ZA to 32C. 4 In section 54 (orders and regulations)— a in subsection (2) omit “32AB(2) or”; b omit subsection (2A). Learning and Skills Act 2000 (c.21) 3 1 The Learning and Skills Act 2000 is amended as follows. 2 In section 96— a in subsection (2)— i in the opening words, omit “or 99”; ii in paragraph (b), after “maintained school” insert “ in England ” ; b for subsection (5) substitute— 5 In this section “ a relevant qualification ” means a qualification to which Part 7 of the Apprenticeships, Skills, Children and Learning Act 2009 applies. ; c in subsection (9), for “102 “ local authority ” has the same meaning as“ substitute “101 “ local authority ” has the same meaning as “ local authority in England ””. 3 In the cross-heading immediately preceding section 96, at the end insert “ : England ” . 4 In section 98 (the title of which becomes “ Approved qualifications ” ), in subsection (1) omit the words from “in its” to the end. 5 Omit section 99. 6 In section 100— a in the opening words of subsection (1), omit “in its application to England”; b omit subsection (2). 7 In section 101 (the title of which becomes “ Enforcement ” ), in subsection (1) omit “in its application to England”. 8 Omit section 102. 9 Omit section 103(4). Education Act 2002 (c.32) 4 Omit paragraph 7 of Schedule 17 to the Education Act 2002. National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 ( S.I. 2005/3238) 5 Omit paragraph 72 of Schedule 1 to the National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005. Qualifications, Curriculum and Assessment Authority for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3239) 6 Omit paragraphs 14, 15, 18(c), (d) and (e) and 30 of Schedule 1 to the Qualifications, Curriculum and Assessment Authority for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005. Government of Wales Act 2006 (c.32) 7 In section 148 of the Government of Wales Act 2006, after subsection (2)(l) insert— la Qualifications Wales, . Education and Skills Act 2008 (c.25) 8 Omit sections 160(1) and (3) and 162 of the Education and Skills Act 2008. Apprenticeships, Skills, Children and Learning Act 2009 (c.22) 9 1 The Apprenticeships, Skills, Children and Learning Act 2009 is amended as follows. 2 In section 253A(6) in the definition of “relevant qualification”, for “by section 30(5) of the Education Act 1997” substitute “ to “qualification” by section 56 of the Qualifications Wales Act 2015 ” . 3 Omit paragraphs 45 and 48 of Schedule 6. 4 Omit paragraphs 15, 16(3), 17 to 19 and 29 of Schedule 12. Education Act 2011 (c.21) 10 Omit section 24 of the Education Act 2011. Counter-Terrorism and Security Act 2015 (c.6) 11 1 The Counter-Terrorism and Security Act 2015 is amended as follows. 2 In section 32, in subsection (1), in the definition of “relevant further education body”, for the words from “Regulation” to the end of paragraph (b) substitute “ , or to qualifications awarded by bodies in respect of the award of which they are recognised by Qualifications Wales under Part 3 of the Qualifications Wales Act 2015; ” . 3 In Schedule 6, under the heading “Education, child care etc”, in the last entry (relating to the governing body or proprietor of an institution not otherwise listed), for the words from “Regulation” to the end of paragraph (a) substitute “ , or to qualifications awarded by bodies in respect of the award of which they are recognised by Qualifications Wales under Part 3 of the Qualifications Wales Act 2015; ” . 4 In Schedule 7, under the heading “Education, child care etc”, in the last entry (relating to the governing body or proprietor of an institution not otherwise listed), for the words from “Regulation” to the end of paragraph (a) substitute “ , or to qualifications awarded by bodies in respect of the award of which they are recognised by Qualifications Wales under Part 3 of the Qualifications Wales Act 2015; ” . S. 2 partly in force; s. 2(3) in force at Royal Assent see s. 60(1) S. 37 in force at 21.9.2015 by S.I. 2015/1687 , art. 2 (with arts. 3-12 ) Sch. 1 para. 36 in force at 21.9.2015 by S.I. 2015/1687 , art. 2 (with arts. 3-12 ) Sch. 1 para. 22 in force at 6.8.2015 by S.I. 2015/1591 , art. 2(c) S. 44 in force at 21.9.2015 by S.I. 2015/1687 , art. 2 (with arts. 3-12 ) S. 3 in force at 21.9.2015 by S.I. 2015/1687 , art. 2 (with arts. 3-12 ) Sch. 1 para. 18 in force at 6.8.2015 by S.I. 2015/1591 , art. 2(c) Sch. 1 para. 21 in force at 6.8.2015 by S.I. 2015/1591 , art. 2(c) S. 18 in force at 21.9.2015 by S.I. 2015/1687 , art. 2 (with arts. 3-12 ) Sch. 1 para. 6 in force at 6.8.2015 by S.I. 2015/1591 , art. 2(c) Sch. 3 para. 2 in force at 21.9.2015 by S.I. 2015/1687 , art. 2 (with arts. 3-12 ) Sch. 3 para. 12 in force at 21.9.2015 by S.I. 2015/1687 , art. 2 (with arts. 3-12 ) S. 13 in force at 21.9.2015 by S.I. 2015/1687 , art. 2 (with arts. 3-12 ) S. 23 in force at 21.9.2015 by S.I. 2015/1687 , art. 2 (with arts. 3-12 ) Sch. 1 para. 1 in force at 6.8.2015 by S.I. 2015/1591 , art. 2(c) Sch. 3 para. 14 in force at 21.9.2015 by S.I. 2015/1687 , art. 2 (with arts. 3-12 ) Sch. 1 para. 27 in force at 6.8.2015 by S.I. 2015/1591 , art. 2(c) Sch. 3 para. 16 in force at 21.9.2015 by S.I. 2015/1687 , art. 2 (with arts. 3-12 ) S. 10 in force at 21.9.2015 by S.I. 2015/1687 , art. 2 (with arts. 3-12 ) S. 8 in force at 21.9.2015 by S.I. 2015/1687 , art. 2 (with arts. 3-12 ) S. 35 in force at 21.9.2015 by S.I. 2015/1687 , art. 2 (with arts. 3-12 ) Sch. 1 para. 26 in force at 6.8.2015 by S.I. 2015/1591 , art. 2(c) Sch. 3 para. 9 in force at 21.9.2015 by S.I. 2015/1687 , art. 2 (with arts. 3-12 ) Sch. 4 para. 3 in force at 21.9.2015 by S.I. 2015/1687 , art. 2 (with arts. 3-12 ) S. 48 in force at 21.9.2015 by S.I. 2015/1687 , art. 2 (with arts. 3-12 ) Words in s. 57(5)(a) inserted (1.9.2021) by The Additional Learning Needs and Education Tribunal (Wales) Act 2018 (Consequential Amendments) Regulations 2021 (S.I. 2021/861) , regs. 1 , 9(2) S. 17 in force at 21.9.2015 by S.I. 2015/1687 , art. 2 (with arts. 3-12 ) S. 30 in force at 21.9.2015 by S.I. 2015/1687 , art. 2 (with arts. 3-12 ) Sch. 1 para. 32 in force at 6.8.2015 by S.I. 2015/1591 , art. 2(c) Sch. 4 para. 6 in force at 21.9.2015 by S.I. 2015/1687 , art. 2 (with arts. 3-12 ) S. 54 in force at 21.9.2015 by S.I. 2015/1687 , art. 2 (with arts. 3-12 ) Sch. 1 para. 39 in force at 21.9.2015 by S.I. 2015/1687 , art. 2 (with arts. 3-12 ) Sch. 4 para. 5 in force at 21.9.2015 by S.I. 2015/1687 , art. 2 (with arts. 3-12 ) Sch. 3 para. 23 in force at 21.9.2015 by S.I. 2015/1687 , art. 2 (with arts. 3-12 ) S. 2(2) in force at 6.8.2015 for specified purposes by S.I. 2015/1591 , art. 2(b) Sch. 3 para. 22 in force at 21.9.2015 by S.I. 2015/1687 , art. 2 (with arts. 3-12 ) S. 42 in force at 21.9.2015 by S.I. 2015/1687 , art. 2 (with arts. 3-12 ) S. 14 in force at 21.9.2015 by S.I. 2015/1687 , art. 2 (with arts. 3-12 ) Sch. 4 para. 1 in force at 21.9.2015 by S.I. 2015/1687 , art. 2 (with arts. 3-12 ) Sch. 1 para. 16 in force at 6.8.2015 by S.I. 2015/1591 , art. 2(c) Sch. 3 para. 1 in force at 21.9.2015 by S.I. 2015/1687 , art. 2 (with arts. 3-12 ) Sch. 3 para. 8 in force at 21.9.2015 by S.I. 2015/1687 , art. 2 (with arts. 3-12 ) Sch. 1 para. 40 in force at 21.9.2015 by S.I. 2015/1687 , art. 2 (with arts. 3-12 ) S. 50 in force at 21.9.2015 by S.I. 2015/1687 , art. 2 (with arts. 3-12 ) Sch. 4 para. 2 in force at 21.9.2015 by S.I. 2015/1687 , art. 2 (with arts. 3-13 ) S. 25 in force at 21.9.2015 by S.I. 2015/1687 , art. 2 (with arts. 3-12 ) S. 15 in force at 21.9.2015 by S.I. 2015/1687 , art. 2 (with arts. 3-12 ) Sch. 1 para. 23 in force at 6.8.2015 by S.I. 2015/1591 , art. 2(c) Sch. 1 para. 33 in force at 6.8.2015 by S.I. 2015/1591 , art. 2(c) S. 16 in force at 21.9.2015 by S.I. 2015/1687 , art. 2 (with arts. 3-12 ) Sch. 3 para. 17 in force at 21.9.2015 by S.I. 2015/1687 , art. 2 (with arts. 3-12 ) Sch. 3 para. 19 in force at 21.9.2015 by S.I. 2015/1687 , art. 2 (with arts. 3-12 ) S. 19 in force at 21.9.2015 by S.I. 2015/1687 , art. 2 (with arts. 3-12 ) Sch. 1 para. 19 in force at 6.8.2015 by S.I. 2015/1591 , art. 2(c) S. 24 in force at 21.9.2015 by S.I. 2015/1687 , art. 2 (with arts. 3-12 ) Sch. 1 para. 37 in force at 6.8.2015 by S.I. 2015/1591 , art. 2(d) Sch. 4 para. 11 in force at 21.9.2015 by S.I. 2015/1687 , art. 2 (with arts. 3-12 ) S. 58 in force at 21.9.2015 by S.I. 2015/1687 , art. 2 (with arts. 3-12 ) Sch. 3 para. 18 in force at 21.9.2015 by S.I. 2015/1687 , art. 2 (with arts. 3-12 ) Sch. 1 para. 34 in force at 6.8.2015 by S.I. 2015/1591 , art. 2(c) Sch. 3 para. 10 in force at 21.9.2015 by S.I. 2015/1687 , art. 2 (with arts. 3-12 ) Sch. 3 para. 4 in force at 21.9.2015 by S.I. 2015/1687 , art. 2 (with arts. 3-12 ) S. 26 in force at 21.9.2015 by S.I. 2015/1687 , art. 2 (with arts. 3-12 ) Sch. 3 para. 3 in force at 21.9.2015 by S.I. 2015/1687 , art. 2 (with arts. 3-12 ) S. 22 in force at 21.9.2015 by S.I. 2015/1687 , art. 2 (with arts. 3-12 ) S. 51 in force at 21.9.2015 by S.I. 2015/1687 , art. 2 (with arts. 3-12 ) Sch. 1 para. 7 in force at 6.8.2015 by S.I. 2015/1591 , art. 2(c) S. 41 in force at 21.9.2015 by S.I. 2015/1687 , art. 2 (with arts. 3-12 ) Sch. 3 para. 21 in force at 21.9.2015 by S.I. 2015/1687 , art. 2 (with arts. 3-12 ) Sch. 1 para. 28 in force at 6.8.2015 by S.I. 2015/1591 , art. 2(c) S. 36 in force at 21.9.2015 by S.I. 2015/1687 , art. 2 (with arts. 3-12 ) Sch. 4 para. 9 in force at 21.9.2015 by S.I. 2015/1687 , art. 2 (with arts. 3-12 ) S. 4 in force at 21.9.2015 by S.I. 2015/1687 , art. 2 (with arts. 3-12 ) Sch. 3 para. 11 in force at 21.9.2015 by S.I. 2015/1687 , art. 2 (with arts. 3-12 ) S. 32 in force at 21.9.2015 by S.I. 2015/1687 , art. 2 (with arts. 3-12 ) Sch. 1 para. 8 in force at 6.8.2015 by S.I. 2015/1591 , art. 2(c) Sch. 1 para. 11 in force at 6.8.2015 by S.I. 2015/1591 , art. 2(c) S. 38 in force at 21.9.2015 by S.I. 2015/1687 , art. 2 (with arts. 3-12 ) Sch. 1 para. 14 in force at 6.8.2015 by S.I. 2015/1591 , art. 2(c) S. 40 in force at 21.9.2015 by S.I. 2015/1687 , art. 2 (with arts. 3-12 ) S. 49 in force at 21.9.2015 by S.I. 2015/1687 , art. 2 (with arts. 3-12 ) Sch. 1 para. 4 in force at 6.8.2015 by S.I. 2015/1591 , art. 2(c) S. 5 in force at 21.9.2015 by S.I. 2015/1687 , art. 2 (with arts. 3-12 ) Sch. 3 para. 15 in force at 21.9.2015 by S.I. 2015/1687 , art. 2 (with arts. 3-12 ) S. 34 in force at 21.9.2015 by S.I. 2015/1687 , art. 2 (with arts. 3-12 ) S. 31 in force at 21.9.2015 by S.I. 2015/1687 , art. 2 (with arts. 3-12 ) S. 12 in force at 21.9.2015 by S.I. 2015/1687 , art. 2 (with arts. 3-12 ) S. 21 in force at 21.9.2015 by S.I. 2015/1687 , art. 2 (with arts. 3-12 ) Sch. 1 para. 29 in force at 6.8.2015 by S.I. 2015/1591 , art. 2(c) Sch. 3 para. 20 in force at 21.9.2015 by S.I. 2015/1687 , art. 2 (with arts. 3-12 ) Sch. 4 para. 10 in force at 21.9.2015 by S.I. 2015/1687 , art. 2 (with arts. 3-12 ) Sch. 4 para. 4 in force at 21.9.2015 by S.I. 2015/1687 , art. 2 (with arts. 3-12 ) Sch. 1 para. 15 in force at 6.8.2015 by S.I. 2015/1591 , art. 2(c) S. 9 in force at 21.9.2015 by S.I. 2015/1687 , art. 2 (with arts. 3-12 ) Sch. 3 para. 5 in force at 21.9.2015 by S.I. 2015/1687 , art. 2 (with arts. 3-12 ) Sch. 1 para. 9 in force at 6.8.2015 by S.I. 2015/1591 , art. 2(c) Sch. 3 para. 7 in force at 21.9.2015 by S.I. 2015/1687 , art. 2 (with arts. 3-12 ) S. 2(1) in force at 6.8.2015 by S.I. 2015/1591 , art. 2(a) Sch. 1 para. 2 in force at 6.8.2015 by S.I. 2015/1591 , art. 2(c) S. 2(2) in force at 21.9.2015 in so far as not already in force by S.I. 2015/1687 , art. 2 (with arts. 3-12 ) S. 27 in force at 21.9.2015 by S.I. 2015/1687 , art. 2 (with arts. 3-12 ) Sch. 4 para. 8 in force at 21.9.2015 by S.I. 2015/1687 , art. 2 (with arts. 3-12 ) Sch. 1 para. 20 in force at 6.8.2015 by S.I. 2015/1591 , art. 2(c) S. 33 in force at 21.9.2015 by S.I. 2015/1687 , art. 2 (with arts. 3-12 ) S. 45 in force at 21.9.2015 by S.I. 2015/1687 , art. 2 (with arts. 3-12 ) S. 46 in force at 21.9.2015 by S.I. 2015/1687 , art. 2 (with arts. 3-12 ) Sch. 1 para. 35 in force at 6.8.2015 by S.I. 2015/1591 , art. 2(c) S. 6 in force at 21.9.2015 by S.I. 2015/1687 , art. 2 (with arts. 3-12 ) Sch. 1 para. 5 in force at 6.8.2015 by S.I. 2015/1591 , art. 2(c) Sch. 1 para. 13 in force at 6.8.2015 by S.I. 2015/1591 , art. 2(c) Sch. 1 para. 10 in force at 6.8.2015 by S.I. 2015/1591 , art. 2(c) S. 52 in force at 21.9.2015 by S.I. 2015/1687 , art. 2 (with arts. 3-12 ) S. 39 in force at 21.9.2015 by S.I. 2015/1687 , art. 2 (with arts. 3-12 ) S. 20 in force at 21.9.2015 by S.I. 2015/1687 , art. 2 (with arts. 3-12 ) Sch. 1 para. 25 in force at 6.8.2015 by S.I. 2015/1591 , art. 2(c) Sch. 4 para. 7 in force at 21.9.2015 by S.I. 2015/1687 , art. 2 (with arts. 3-12 ) Sch. 3 para. 13 in force at 21.9.2015 by S.I. 2015/1687 , art. 2 (with arts. 3-12 ) Sch. 1 para. 31 in force at 6.8.2015 by S.I. 2015/1591 , art. 2(c) Sch. 1 para. 38 in force at 21.9.2015 by S.I. 2015/1687 , art. 2 (with arts. 3-12 ) S. 47 in force at 21.9.2015 by S.I. 2015/1687 , art. 2 (with arts. 3-12 ) S. 7 in force at 21.9.2015 by S.I. 2015/1687 , art. 2 (with arts. 3-12 ) S. 29 in force at 21.9.2015 by S.I. 2015/1687 , art. 2 (with arts. 3-12 ) S. 28 in force at 21.9.2015 by S.I. 2015/1687 , art. 2 (with arts. 3-12 ) Sch. 1 para. 17 in force at 6.8.2015 by S.I. 2015/1591 , art. 2(c) S. 53 in force at 21.9.2015 by S.I. 2015/1687 , art. 2 (with arts. 3-12 ) Sch. 1 para. 12 in force at 6.8.2015 by S.I. 2015/1591 , art. 2(c) S. 43 in force at 21.9.2015 by S.I. 2015/1687 , art. 2 (with arts. 3-12 ) Sch. 1 para. 30 in force at 6.8.2015 by S.I. 2015/1591 , art. 2(c) Sch. 1 para. 3 in force at 6.8.2015 by S.I. 2015/1591 , art. 2(c) Sch. 3 para. 6 in force at 21.9.2015 by S.I. 2015/1687 , art. 2 (with arts. 3-12 ) Sch. 1 para. 24 in force at 6.8.2015 by S.I. 2015/1591 , art. 2(c) Words in s. 34(12) inserted (1.8.2024) by Tertiary Education and Research (Wales) Act 2022 (asc 1) , s. 148(2) , Sch. 4 para. 34(2) (with s. 19 ); S.I. 2024/806 , art. 2(k)(xviii) (with art. 28 )
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[uk-legislation-anaw][anaw] 2024-08-15
http://www.legislation.gov.uk/anaw/2015/3/2024-08-01
http://www.legislation.gov.uk/anaw/2015/3/2024-08-01 Violence against Women, Domestic Abuse and Sexual Violence (Wales) Act 2015 An Act of the National Assembly for Wales to improve arrangements for the prevention of gender-based violence, domestic abuse and sexual violence; to improve arrangements for the protection of victims of such abuse and violence; to improve support for people affected by such abuse and violence; and to require the appointment of a National Adviser on gender-based violence, domestic abuse and sexual violence. text text/xml en Statute Law Database 2024-08-13 Expert Participation 2024-08-01 Violence against Women, Domestic Abuse and Sexual Violence (Wales) Act 2015 Deddf Trais yn erbyn Menywod, Cam-drin Domestig a Thrais Rhywiol (Cymru) 2015 s. 10(1) Tertiary Education and Research (Wales) Act 2022 Deddf Addysg Drydyddol ac Ymchwil (Cymru) 2022 Sch. 4 para. 33(2)(a) s. 19 s. 148(2) Violence against Women, Domestic Abuse and Sexual Violence (Wales) Act 2015 2015 anaw 3 An Act of the National Assembly for Wales to improve arrangements for the prevention of gender-based violence, domestic abuse and sexual violence; to improve arrangements for the protection of victims of such abuse and violence; to improve support for people affected by such abuse and violence; and to require the appointment of a National Adviser on gender-based violence, domestic abuse and sexual violence. [29 April 2015] Having been passed by the National Assembly for Wales and having received the assent of Her Majesty, it is enacted as follows: Introduction The purpose of this Act 1 1 The purpose of this Act is to improve— a arrangements for the prevention of gender-based violence, domestic abuse and sexual violence; b arrangements for the protection of victims of gender-based violence, domestic abuse and sexual violence; c support for people affected by gender-based violence, domestic abuse and sexual violence. 2 See section 24 for the definitions of “gender-based violence”, “domestic abuse” and “sexual violence”. Violence against women and girls 2 1 A person exercising relevant functions must have regard (along with all other relevant matters) to the need to remove or minimise any factors which— a increase the risk of violence against women and girls, or b exacerbate the impact of such violence on victims. 2 In this section— “ relevant functions ” (“ swyddogaethau perthnasol ”) means the functions under sections 3, 4, 5, 6, 7(2), 8, 10, 11, 15, 16(1), 17, 19, 20, 21, 22(1) and (4), but it does not include any functions exercisable under section 5 by a person who is neither a local authority nor a Local Health Board; “ violence against women and girls ” (“ trais yn erbyn menywod a merched ”) means gender-based violence, domestic abuse and sexual violence where the victim is female. National strategy Duty to prepare, publish and review a national strategy 3 1 The Welsh Ministers must prepare and publish a strategy (a “national strategy”) which— a specifies objectives that the Welsh Ministers consider will, if achieved, contribute to the pursuit of the purpose of this Act; b specifies the periods of time within which the Welsh Ministers expect to achieve the specified objectives; c identifies the actions the Welsh Ministers propose to take to achieve the specified objectives. 2 The Welsh Ministers may specify objectives relating to Wales or any part of Wales. 3 The first national strategy must be published no later than 6 months after the date on which the first general election is held following the commencement of this section. 4 No later than 6 months after the date of each subsequent general election, the Welsh Ministers must review the national strategy. 5 The Welsh Ministers may review the national strategy at any other time. 6 If the Welsh Ministers decide to revise the national strategy following a review, they must publish the revised strategy as soon as is reasonably practicable. 7 The Welsh Ministers must consult such persons as they consider appropriate before— a publishing the first national strategy under this section; b revising the national strategy. 8 In this section, “ general election ” means— a the poll held at an ordinary general election under section 3 of the Government of Wales Act 2006 (c.32), or b the poll held at an extraordinary general election under section 5 of that Act. Duty to implement the national strategy 4 The Welsh Ministers must, in exercising their functions, take all reasonable steps to achieve the objectives specified in the most recently published national strategy. Local strategies Duty to prepare local strategies 5 1 A local authority and a Local Health Board any part of whose area lies within the area of the local authority must jointly prepare a strategy (“a local strategy”) for the local authority's area. 2 A local strategy must— a specify objectives which the local authority and the Local Health Board consider will, if achieved, contribute to the pursuit of the purpose of this Act; b specify the periods of time within which the local authority and the Local Health Board propose to achieve the specified objectives; c identify the actions the local authority and the Local Health Board propose to take to achieve the specified objectives. 3 A local authority and a Local Health Board may specify objectives relating to the whole of the authority's area or any part of it. 4 A local strategy may also include provision relating to specific action which the local authority and the Local Health Board expect to be taken in relation to the local authority's area by— a any public authority with functions which are capable of contributing to the pursuit of the purpose of this Act, or b any voluntary organisation or other person whose activities are capable of contributing to the pursuit of that purpose. 5 But the inclusion in a local strategy of any provision relating to action mentioned in subsection (4) requires the approval of the body or person concerned. 5A A local strategy or revised strategy may be published by including it within a local well-being plan published under section 39 , 44(5) or 47(6) or (11) of the Well-being of Future Generations (Wales) Act 2015 (anaw 2) by a public services board of which both the local authority and the Local Health Board is a member. Publication and review of local strategies 6 1 A local authority and a Local Health Board's first local strategy must be published no later than one year after the date on which the first ordinary election is held following the date on which section 5(1) is commenced. 2 No later than one year after the date of each subsequent ordinary election, a local authority and Local Health Board must review their local strategy. 3 A local authority and a Local Health Board— a may review their local strategy at any other time, and b must review their local strategy if directed to do so in writing by the Welsh Ministers. 4 A direction under subsection (3)(b) must state the reasons for giving the direction. 5 If a local authority and a Local Health Board decide to revise their local strategy following a review, they must publish the revised strategy as soon as is reasonably practicable. 6 A local authority and Local Health Board must consult such persons as they consider appropriate before— a publishing their first local strategy; b revising their local strategy. 7 In this section, “ ordinary election ” means an election held under section 26 of the Local Government Act 1972 (c.70) (elections of councillors to local authorities). Matters to which regard must be had in preparing or reviewing a local strategy 7 1 In preparing and reviewing a local strategy, a local authority and Local Health Board must have regard to— a the most recently published national strategy; b the most recent assessment for the local authority's area under section 14 of the Social Services and Well-being (Wales) Act 2014 (anaw 4) (assessment of needs for care and support, support for carers and preventative services); c the most recent strategic assessment prepared in accordance with regulations under section 6 of the Crime and Disorder Act 1998 (c.37) relating to reducing crime and disorder in the local authority area; d the most recent strategic assessment prepared in accordance with regulations under that section relating to combating substance misuse in the local authority area; e the most recent strategic assessment prepared in accordance with regulations under that section relating to the reduction of re-offending in the local authority area. 2 The Welsh Ministers may by regulations make provision for and in connection with requiring— a a local authority and Local Health Board to have regard to anything specified in the regulations when preparing or reviewing a local strategy; b a local authority or a Local Health Board to conduct further assessments for the purpose of this Act in relation to any matter specified in the regulations. 3 The power to make regulations in subsection (2) is to be exercised by statutory instrument. 4 A statutory instrument containing regulations made under subsection (2) is subject to annulment in pursuance of a resolution of the National Assembly for Wales. Duty to implement local strategies 8 1 A local authority must, in exercising its functions, take all reasonable steps to achieve the objectives specified in the most recently published local strategy for its area. 2 The Local Health Board with which the authority prepared that strategy must, in exercising its functions, take all reasonable steps to achieve the objectives specified in the strategy. Education Information about educational provision to promote the purpose of this Act 9 1 The Education Act 1996 (c.56) is amended as follows. 2 In section 29, after subsection (5) insert— 6A The Welsh Ministers may, by regulations, require local authorities in Wales to publish prescribed information, at such times and in such manner as may be prescribed, for the purpose of providing information to the public about whether, and if so how, local authority education functions are being exercised to promote the purpose of the Violence against Women, Domestic Abuse and Sexual Violence (Wales) Act 2015 (see section 1 of that Act). 3 In section 408— a in subsection (4)(f), omit “and”; b in subsection (4)(g), after “409” insert “ ; and ” ; c after subsection (4)(g), insert— h in so far as subsection (1) applies in relation to Wales, sections 403 and 404 ; d after subsection (8), insert— 8A In exercising their functions under subsection (1), the Welsh Ministers must have regard to the desirability of information being available to parents and others about whether, and if so how, any parts of the curriculum and any educational provision at maintained schools (other than maintained nursery schools) promote the purpose of the Violence against Women, Domestic Abuse and Sexual Violence (Wales) Act 2015 (see section 1 of that Act). 4 In section 569(2B), after “sections” insert “ 29(6A), ” . Guidance to further and higher education institutions 10 1 The Welsh Ministers may issue guidance to the governing bodies of institutions in Wales within the further education sector on how the bodies may contribute to the pursuit of the purpose of this Act. 2 The Commission may issue guidance to the governing bodies of institutions in Wales within the higher education sector on how the bodies may contribute to the pursuit of the purpose of this Act. 3 But the Commission may not issue guidance under this section— a which is directed at a particular institution, b in respect of courses or programmes of research (including the contents of such courses or programmes or the manner in which they are taught, supervised or assessed), c in respect of the criteria for admission of students, or d in respect of the criteria for the selection and appointment of academic staff. 4 A governing body to which guidance is issued under this section must have regard to it. 5 Before issuing guidance under this section the Commission must consult such persons as it considers appropriate. 6 Guidance issued under this section must be published. 7 For the purposes of this section, an institution— a is in Wales if its activities are carried on wholly or principally in Wales, b is within the further education sector if it falls within section 91(3) of the Further and Higher Education Act 1992 (c.13) (“ the 1992 Act ”), and c is within the higher education sector if it falls within section 91(5) of the 1992 Act. 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 In this section “ governing body ” has the meaning given by section 90 of the 1992 Act. Measuring performance towards achieving the purpose of this Act National indicators 11 1 The Welsh Ministers must— a publish indicators (“national indicators”) that may be applied for the purpose of measuring progress towards the achievement of the purpose of this Act; b lay a copy of the national indicators before the National Assembly. 2 A national indicator— a must be expressed as a value or characteristic that can be measured quantitatively or qualitatively against a particular outcome; b may be measured over such period of time as the Welsh Ministers consider appropriate; c may be measurable in relation to Wales or any part of Wales. 3 The Welsh Ministers may review and revise the national indicators at any time. 4 Where the Welsh Ministers revise the national indicators under subsection (3), they must as soon as reasonably practicable— a publish the indicators as revised, and b lay a copy of them before the National Assembly. 5 Before publishing national indicators (including indicators revised under subsection (3)), the Welsh Ministers must consult such persons as they consider appropriate. Annual progress reports by the Welsh Ministers 12 1 The Welsh Ministers must, in respect of each financial year, publish a report— a of the progress they have made towards achieving the objectives in the national strategy; b of the progress made towards achieving the purpose of this Act in Wales by reference to the national indicators published under section 11. 2 Where the Welsh Ministers have revised the national strategy during the period to which the report relates, the report must include an explanation of the reasons for the revision. 3 Any report under this section published during the period of 12 months beginning with the date of a general election must contain predictions of likely future trends and any other analytical data and information relating to the purpose of this Act that the Welsh Ministers consider appropriate. 4 In subsection (3), the reference to the date of a general election is to the date on which an ordinary general election is held under section 3 of the Government of Wales Act 2006 (c.32) (or would be apart from section 5(5) of that Act). 5 A report under this section must be published and laid before the National Assembly as soon as reasonably practicable following the end of the financial year to which the report relates. Annual progress reports by local authorities and Local Health Boards 13 1 A local authority and Local Health Board must publish, in respect of each financial year, a report of the progress they have made in achieving the objectives specified in their local strategy. 2 Where a local authority and a Local Health Board have revised their strategy during the period to which the report relates, the report must include an explanation of the reasons for the revision. 3 A report under this section must be published as soon as reasonably practicable following the end of the financial year to which the report relates. Guidance and directions in relation to the purpose of this Act Meaning of “relevant authority” 14 In this Act, “ relevant authority ” means— a a local authority; b a Local Health Board; c a fire and rescue authority in Wales constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 (c.21), or a scheme to which section 4 of that Act applies; d a National Health Service trust established under section 18 of the National Health Service (Wales) Act 2006 (c.42). Power to issue statutory guidance 15 1 The Welsh Ministers may issue guidance to a relevant authority on how the authority should exercise its functions with a view to contributing to the pursuit of the purpose of this Act (“statutory guidance”). 2 The statutory guidance may, amongst other things, address— a steps an authority may take to increase awareness of, or change attitudes in relation to, gender-based violence, domestic abuse and sexual violence (for example, by designating a member of staff for that purpose or undertaking or assisting with a programme of public education); b the commissioning by relevant authorities of specialist advice or other assistance relating to gender-based violence, domestic abuse or sexual violence; c the circumstances in which it is appropriate for persons acting on behalf of a relevant authority to ask a person if he or she is suffering or at risk of gender-based violence, domestic abuse and sexual violence; d the action that is appropriate where a person acting on behalf of a relevant authority has reason to suspect that a person is suffering or at risk of gender-based violence, domestic abuse and sexual violence; e workplace policies to promote the well-being of employees of relevant authorities who may be affected by gender-based violence, domestic abuse and sexual violence; f training for the members and staff of a relevant authority; g the sharing of information between relevant authorities or by a relevant authority with another person; h co-operation between relevant authorities or between a relevant authority and other persons. 3 The Welsh Ministers— a may issue statutory guidance to relevant authorities generally or to one or more particular authorities; b may issue different statutory guidance to different relevant authorities; c may revise or revoke statutory guidance by further guidance; d may revoke statutory guidance by issuing a notice to the relevant authority to which it is directed. 4 The Welsh Ministers must ensure that statutory guidance, or a notice revoking such guidance, states— a that it is issued under this section, and b the date on which it is to take effect. 5 The Welsh Ministers must arrange for statutory guidance, or a notice revoking such guidance, to be published. Consultation and National Assembly for Wales procedures 16 1 Before issuing or revising statutory guidance, the Welsh Ministers must consult such persons as they consider appropriate on a draft of the guidance. 2 If the Welsh Ministers wish to proceed with the draft (with or without modifications) they must lay a copy of the draft before the National Assembly for Wales. 3 If, before the end of the 40 day period, the National Assembly resolves not to approve the draft of the guidance, the Welsh Ministers must not issue it in the form of that draft. 4 If no such resolution is made before the end of that period, the Welsh Ministers must issue the guidance (or revised guidance) in the form of the draft. 5 The 40 day period— a begins on the day on which the draft is laid before the National Assembly, and b does not include any time during which the National Assembly is dissolved or is in recess for more than four days. 6 Subsection (3) does not prevent a new draft of proposed guidance or proposed revised guidance from being laid before the National Assembly. Duty to follow statutory guidance 17 1 A relevant authority must follow the course set out in guidance issued to it in accordance with this Act when exercising a power or duty (including a power or duty that is contingent upon the opinion of the authority concerned); but this is subject to the following provisions of this section. 2 A relevant authority is not subject to the duty under subsection (1) so far as— a the authority concerned thinks there is good reason for it not to follow the guidance in particular categories of case or at all, b it decides on an alternative policy for the exercise of its functions in respect of the subject matter of the guidance, and c a policy statement issued by the authority in accordance with section 18 is in effect. 3 Where subsection (2) applies in the case of an authority to which this section applies, the authority— a must follow the course set out in the policy statement, and b is subject to the duty under subsection (1) only so far as the subject matter of the guidance is not displaced by the policy statement. 4 The duties in subsections (1) and (3) do not apply to a relevant authority so far as it would be unreasonable for the authority to follow the statutory guidance or policy statement in a particular case or category of case. Policy statements: requirements and ancillary powers 18 1 A policy statement issued under section 17(2) must set out— a how the relevant authority proposes that functions should be exercised differently from the course set out in the statutory guidance, and b the authority's reasons for proposing that different course. 2 An authority that has issued a policy statement may— a issue a revised policy statement; b give notice revoking a policy statement. 3 A policy statement (or revised statement) must state— a that it is issued under section 17(2), and b the date on which it is to take effect. 4 The authority that issues a policy statement (or revised statement), or gives a notice under subsection (2)(b), must— a arrange for a statement or notice to be published; b send a copy of any statement or notice to the Welsh Ministers. Directions 19 1 Subsection (2) applies if, in relation to a policy statement issued by a relevant authority, the Welsh Ministers consider that the authority's alternative policy for the exercise of functions (in whole or in part) is not likely to contribute to the pursuit of the purpose of this Act. 2 The Welsh Ministers may direct the relevant authority to take any action which the Welsh Ministers consider appropriate for the purpose of securing the exercise of functions by the authority in accordance with the statutory guidance issued to the authority in accordance with this Act. 3 A relevant authority subject to a direction under this section must comply with it; this includes a direction to exercise a power or duty that is contingent upon the opinion of the relevant authority. 4 A direction under this section— a must be given in writing; b may be varied or revoked by a later direction; c is enforceable by mandatory order on application by, or on behalf of, the Welsh Ministers. National Adviser National Adviser 20 1 The Welsh Ministers must appoint a person as the National Adviser. 2 The person appointed as National Adviser holds office in accordance with the terms of the appointment. 3 The Welsh Ministers may pay expenses, remuneration and allowances in respect of the Ministerial Adviser. 4 The Welsh Ministers may pay— a pensions in respect of persons who have been the Ministerial Adviser, and b amounts for or towards provision of pensions in respect of persons who have been the Ministerial Adviser. 5 The Welsh Ministers may provide the Ministerial Adviser with— a such staff, and b such accommodation, equipment and other facilities, as the Welsh Ministers consider necessary for the exercise of the National Adviser's functions. Functions of the Adviser 21 1 The National Adviser is to exercise the following functions, subject to the direction of the Welsh Ministers— a to advise the Welsh Ministers about pursuing the purpose of this Act or tackling related matters (see subsection (2)); b to give other assistance to the Welsh Ministers in their pursuit of the purpose of this Act or tackling related matters; c to undertake research relating to pursuing the purpose of this Act, tackling related matters or examining whether abuse of any kind is related directly or indirectly to inequality of any kind between people of a different gender, gender identity or sexual orientation; d to advise and give other assistance, with the agreement of the Welsh Ministers, to any person on matters relating to pursuing the purpose of this Act or tackling related matters; e produce reports on any matter relating to the purpose of this Act or tackling related matters. 2 A “related matter” for the purpose of subsection (1) is abuse which the National Adviser considers to be related directly or indirectly to inequality of any kind between people of a different gender, gender identity or sexual orientation. 3 If the National Adviser requests that a relevant authority provides information for the purpose of the exercise of any of the Adviser's functions, the authority must comply with the request unless the authority considers that doing so would— a be incompatible with the authority's own duties, or b otherwise have an adverse effect on the exercise of the authority's functions. 4 A relevant authority which decides not to comply with a request under subsection (3) must notify the National Adviser in writing of the reasons for the decision. Annual plan and annual reports 22 1 Before 30 November in each financial year the Ministerial Adviser must— a prepare an annual plan setting out how the Ministerial Adviser proposes to exercise the Ministerial Adviser's functions during the following financial year, and b submit the annual plan to the Welsh Ministers for approval. 2 An annual plan must— a state the Ministerial Adviser's objectives and priorities for the financial year covered by the report; b state any matters on which the Ministerial Adviser proposes to report under section 21(1)(e) during that year; c state any other activities the National Adviser proposes to undertake during that year in the exercise of the National Adviser's functions. 3 The National Adviser may consult any person in preparing an annual plan. 4 The Welsh Ministers may approve an annual plan without modifications or with modifications agreed with the National Adviser. 5 Before 30 September in each financial year the National Adviser must send a report to the Welsh Ministers about the exercise of his or her functions during the previous financial year. 6 An annual report must include— a an assessment of the extent to which the National Adviser's objectives and priorities for the financial year covered by the report have been met; b a statement of the matters on which the National Adviser has reported under section 21(1)(e) during that year; c a statement of the other activities the National Adviser has undertaken during that year in the exercise of the National Adviser's functions. Publication of reports 23 1 The Welsh Ministers must publish— a each annual plan and each annual report sent to them by the National Adviser, and b each report sent to them by the National Adviser, if the report is mentioned in an approved annual plan. 2 The Welsh Ministers may publish a report sent to them by the National Adviser that is not mentioned in an approved annual plan. 3 Before publication of a plan or report, the Welsh Ministers may remove from it any material whose publication the Welsh Ministers think— a is undesirable for reasons of national security, b might jeopardise an individual's safety, or c might prejudice the investigation or prosecution of an offence. General Interpretation 24 1 In this Act— “ abuse ” (“ cam-drin ”) means physical, sexual, psychological, emotional or financial abuse; “ domestic abuse ” (“ cam-drin domestig ”) means abuse where the victim of it is or has been associated with the abuser; “ financial year ” (“ blwyddyn ariannol ”) means a period of 12 months ending on 31 March; “ gender-based violence ” (“ trais ar sail rhywedd ”) means— violence, threats of violence or harassment arising directly or indirectly from values, beliefs or customs relating to gender or sexual orientation; female genital mutilation; forcing a person (whether by physical force or coercion by threats or other psychological means) to enter into a religious or civil ceremony of marriage (whether or not legally binding); “ local authority ” (“ awdurdod lleol ”) means the council of a county or county borough in Wales; “ Local Health Board ” (“ Bwrdd Iechyd Lleol ”) means a Local Health Board established under section 11 of the National Health Service (Wales) Act 2006 (c.42); “ purpose of this Act ” (“ diben y Ddeddf hon ”) means the purpose in section 1; “ relevant authority ” (“ awdurdod perthnasol ”) has the meaning given by section 14; “ sexual violence ” (“ trais rhywiol ”) means sexual exploitation, sexual harassment, or threats of violence of a sexual nature; “ statutory guidance ” (“ canllawiau statudol ”) means guidance under section 15. 2 A person is associated with another person for the purpose of the definition of “domestic abuse” in subsection (1) if— a they are or have been married to each other; b they are or have been civil partners of each other; c they live or have lived together in an enduring family relationship (whether they are of different sexes or the same sex); d they live or have lived in the same household; and for this purpose a person is a member of another person's household if— i the person normally lives with the other person as a member of his or her family, or ii the person might reasonably be expected to live with that other person; e they are relatives; f they have agreed to marry one another (whether or not that agreement has been terminated); g they have entered into a civil partnership agreement between them (whether or not that agreement has been terminated); h they have or have had an intimate personal relationship with each other; i in relation to a child, each of them is a parent of the child or has, or has had, parental responsibility for the child. 3 If a child has been adopted or falls within subsection (4), two persons are also associated with each other for the purposes of the definition of “domestic abuse” in subsection (1) if— a one is a natural parent of the child or a parent of such a natural parent, and b the other is— i the child, or ii a person who has become a parent of the child by virtue of an adoption order, who has applied for an adoption order or with whom the child has at any time been placed for adoption. 4 A child falls within this subsection if— a an adoption agency, within the meaning of section 2 of the Adoption and Children Act 2002 (c.38), is authorised to place the child for adoption under section 19 of that Act (placing children with parental consent) or the child has become the subject of an order under section 21 of that Act (placement orders), or b the child is freed for adoption by virtue of an order made— i in England and Wales, under section 18 of the Adoption Act 1976 (c.36), or ii in Northern Ireland, under Article 17(1) or 18(1) of the Adoption (Northern Ireland) Order 1987 ( S.I. 1987/2203), or c the child is the subject of a Scottish permanence order which includes granting authority to adopt. 5 In this section— “ adoption order ” (“ gorchymyn mabwysiadu ”) means an adoption order within the meaning of section 72(1) of the Adoption Act 1976 or section 46(1) of the Adoption and Children Act 2002; “ child ” (“ plentyn ”) means a person under the age of 18 years; “ civil partnership agreement ” (“ cytundeb partneriaeth sifil ”) has the meaning given by section 73 of the Civil Partnership Act 2004 (c.33); “ female genital mutilation ” (“ anffurfio organau cenhedlu benywod ”) means an act that is an offence under sections 1, 2 or 3 of the Female Genital Mutilation Act 2003 (c.31); “ financial abuse ” (“ cam-drin ariannol ”) means— having money or other property stolen, being defrauded, being put under pressure in relation to money or other property, and having money or other property misused; “ harassment ” (“ aflonyddu ”) means a course of conduct by a person which he or she knows or ought to know amounts to harassment of the other; and for the purpose of this definition— a person ought to know that his or her conduct amounts to or involves harassment if a reasonable person in possession of the same information would think the course of conduct amounted to or involved harassment of another person, and “ conduct ” includes speech; “ sexual exploitation ” (“ camfanteisio rhywiol ”) means something that is done to or in respect of a person which— involves the commission of an offence under Part 1 of the Sexual Offences Act 2003 (c.42), as it has an effect in England and Wales, or would involve the commission of such an offence if it were done in England and Wales; “ parental responsibility ” (“ cyfrifoldeb rhiant ”) has the meaning given by section 3 of the Children Act 1989 (c.41); “ relative ” (“ perthynas ”), in relation to a person, means that person's parent, grandparent, child, grandchild, brother, half-brother, sister, half-sister, uncle, aunt, nephew, niece (including any person who is or has been in that relationship by virtue of a marriage or civil partnership or an enduring family relationship). Commencement 25 1 The following provisions come into force on the day this Act receives Royal Assent— section 1; section 24; this section; section 26. 2 Section 10 and sections 14 to 21 come into force two months after the day on which this Act receives Royal Assent. 3 The remaining provisions of this Act come into force on a day appointed by the Welsh Ministers in an order made by statutory instrument. 4 An order under subsection (3) may— a appoint different days for different purposes; b include such transitory or transitional provision as the Welsh Ministers consider appropriate. Short title 26 The short title of this Act is the Violence against Women, Domestic Abuse and Sexual Violence (Wales) Act 2015. S. 9 in force at 5.10.2015 by S.I. 2015/1680 , art. 2(d) S. 2 in force at 5.10.2015 by S.I. 2015/1680 , art. 2(a) S. 3 in force at 5.10.2015 by S.I. 2015/1680 , art. 2(b) S. 4 in force at 5.10.2015 by S.I. 2015/1680 , art. 2(c) S. 11 in force at 5.10.2015 by S.I. 2015/1680 , art. 2(e) S. 12 in force at 5.10.2015 by S.I. 2015/1680 , art. 2(f) S. 22 in force at 5.10.2015 by S.I. 2015/1680 , art. 2(g) S. 23 in force at 5.10.2015 by S.I. 2015/1680 , art. 2(h) S. 5 in force at 4.1.2016 by S.I. 2015/2019 , art. 2(a) S. 6 in force at 4.1.2016 by S.I. 2015/2019 , art. 2(b) S. 7 in force at 4.1.2016 by S.I. 2015/2019 , art. 2(c) S. 8 in force at 4.1.2016 by S.I. 2015/2019 , art. 2(d) S. 13 in force at 4.1.2016 by S.I. 2015/2019 , art. 2(e) S. 5(5A) inserted (1.4.2016) by Well-being of Future Generations (Wales) Act 2015 (anaw 2) , s. 56(2) , Sch. 4 para. 35 ; S.I. 2016/86 , art. 3 Words in s. 5(5A) substituted (20.3.2021) by Local Government and Elections (Wales) Act 2021 (asc 1) , s. 175(3)(q) , Sch. 14 para. 9 Words in s. 10(2) substituted (1.8.2024) by Tertiary Education and Research (Wales) Act 2022 (asc 1) , s. 148(2) , Sch. 4 para. 33(2)(b) (with s. 19 ); S.I. 2024/806 , art. 2(k)(xvii) (with art. 28 ) Words in s. 10(3) substituted (1.8.2024 to the extent it omits the word “HEFCW” and substitutes it with “the Commission”) by Tertiary Education and Research (Wales) Act 2022 (asc 1) , s. 148(2) , Sch. 4 para. 33(2)(c) (with s. 19 ); S.I. 2024/806 , art. 3(c)(v) (with art. 28 ) Words in s. 10(5) substituted (1.8.2024 to the extent it omits the word “HEFCW” and substitutes it with “the Commission”) by Tertiary Education and Research (Wales) Act 2022 (asc 1) , s. 148(2) , Sch. 4 para. 33(2)(d) (with s. 19 ); S.I. 2024/806 , art. 3(c)(vi) (with art. 28 ) S. 10(8) omitted (1.8.2024) by virtue of Tertiary Education and Research (Wales) Act 2022 (asc 1) , s. 148(2) , Sch. 4 para. 33(2)(e) (with s. 19 ); S.I. 2024/806 , art. 2(k)(xvii) (with art. 28 )
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[uk-legislation-anaw][anaw] 2024-08-19
http://www.legislation.gov.uk/anaw/2015/2/2024-08-01
http://www.legislation.gov.uk/anaw/2015/2/2024-08-01 Well-being of Future Generations (Wales) Act 2015 An Act of the National Assembly for Wales to make provision requiring public bodies to do things in pursuit of the economic, social, environmental and cultural well-being of Wales in a way that accords with the sustainable development principle; to require public bodies to report on such action; to establish a Commissioner for Future Generations to advise and assist public bodies in doing things in accordance with this Act; to establish public services boards in local authority areas; to make provision requiring those boards to plan and take action in pursuit of economic, social, environmental and cultural well-being in their area; and for connected purposes. text text/xml en Statute Law Database 2024-08-14 Expert Participation 2024-08-01 Well-being of Future Generations (Wales) Act 2015 Deddf Llesiant Cenedlaethau’r Dyfodol (Cymru) 2015 Sch. 4 para. 20-23 and cross-heading Local Government and Elections (Wales) Act 2021 Deddf Llywodraeth Leol ac Etholiadau (Cymru) 2021 s. 170(2)(c) s. 175(7) Well-being of Future Generations (Wales) Act 2015 Deddf Llesiant Cenedlaethau’r Dyfodol (Cymru) 2015 s. 6(1)(la) Disused Mine and Quarry Tips (Wales) Act 2025 Deddf Tomenni Mwyngloddiau a Chwareli Nas Defnyddir (Cymru) 2025 Sch. 1 para. 24(1) s. 92(2) Well-being of Future Generations (Wales) Act 2015 Deddf Llesiant Cenedlaethau’r Dyfodol (Cymru) 2015 s. 9 Disused Mine and Quarry Tips (Wales) Act 2025 Deddf Tomenni Mwyngloddiau a Chwareli Nas Defnyddir (Cymru) 2025 Sch. 1 para. 24(2) s. 92(2) Well-being of Future Generations (Wales) Act 2015 2015 anaw 2 An Act of the National Assembly for Wales to make provision requiring public bodies to do things in pursuit of the economic, social, environmental and cultural well-being of Wales in a way that accords with the sustainable development principle; to require public bodies to report on such action; to establish a Commissioner for Future Generations to advise and assist public bodies in doing things in accordance with this Act; to establish public services boards in local authority areas; to make provision requiring those boards to plan and take action in pursuit of economic, social, environmental and cultural well-being in their area; and for connected purposes. [29 April 2015] Having been passed by the National Assembly for Wales and having received the assent of Her Majesty, it is enacted as follows: PART 1 INTRODUCTION Overview 1 1 This section is an overview of the main provisions of the Act. 2 Part 2 of this Act— a explains what is meant by “sustainable development” and requires public bodies to carry out sustainable development (sections 2 and 3); b requires the bodies to set well-being objectives that are to contribute to the achievement of well-being goals and to take steps to meet those objectives (section 3) c requires the bodies to do those things in accordance with the sustainable development principle (section 3); d explains what the well-being goals are and what it means to do things in accordance with the sustainable development principle (sections 4 and 5); e requires indicators that measure progress towards achieving the well-being goals (section 10), and reports on future trends in the well-being of Wales (section 11), to be published by the Welsh Ministers; f requires the bodies to report annually on their progress towards meeting their well-being objectives (sections 12 and 13 and Schedule 1); g requires the Auditor General for Wales to carry out examinations into the extent to which public bodies set objectives and take steps to meet them in accordance with the sustainable development principle (section 15). 3 Part 3 of this Act— a establishes the office of Future Generations Commissioner for Wales (section 17 and Schedule 2); b provides for the Commissioner to promote the needs of future generations by monitoring and reporting on the extent to which the public bodies are setting and seeking to meet their well-being objectives in accordance with the sustainable development principle (section 18); c provides for the Commissioner to carry out reviews of public bodies (section 20); d establishes a panel of advisers to the Commissioner (sections 26 to 28). 4 Part 4 of this Act— a establishes a public services board for each local authority area in Wales and sets out who else a board may work with (Chapter 1); b requires boards to improve the well-being of their area by contributing to the well-being goals, which they are to do by assessing well-being in their area, setting local objectives designed to maximise the board's contribution (within its area) to the achievement of the well-being goals and taking steps to meet those objectives (Chapter 2, section 36); c requires boards to do those things in accordance with the sustainable development principle (Chapter 2, section 36); d requires boards to publish local well-being plans setting out their local objectives and how they propose to take steps to meet them (Chapter 2, section 39); e makes specific provision about how local well-being plans apply to community councils and how, in that way, a community council may contribute to the activity of the public services board in its area (Chapter 2, section 40); f provides for boards to merge or otherwise collaborate , and to demerge (Chapter 3). PART 2 IMPROVING WELL-BEING Sustainable development and well-being duty on public bodies Sustainable development 2 In this Act, “ sustainable development ” means the process of improving the economic, social, environmental and cultural well-being of Wales by taking action, in accordance with the sustainable development principle (see section 5), aimed at achieving the well-being goals (see section 4). Well-being duty on public bodies 3 1 Each public body must carry out sustainable development. 2 The action a public body takes in carrying out sustainable development must include— a setting and publishing objectives (“well-being objectives”) that are designed to maximise its contribution to achieving each of the well-being goals, and b taking all reasonable steps (in exercising its functions) to meet those objectives. 3 A public body that exercises functions in relation to the whole of Wales may set objectives relating to Wales or any part of Wales. 4 A public body that exercises functions in relation only to a part of Wales may set objectives relating to that part or any part of it. The well-being goals 4 The well-being goals are listed and described in Table 1— TABLE 1 Goal Description of the goal A prosperous Wales. An innovative, productive and low carbon society which recognises the limits of the global environment and therefore uses resources efficiently and proportionately (including acting on climate change); and which develops a skilled and well-educated population in an economy which generates wealth and provides employment opportunities, allowing people to take advantage of the wealth generated through securing fair work . A resilient Wales. A nation which maintains and enhances a biodiverse natural environment with healthy functioning ecosystems that support social, economic and ecological resilience and the capacity to adapt to change (for example climate change). A healthier Wales. A society in which people's physical and mental well-being is maximised and in which choices and behaviours that benefit future health are understood. A more equal Wales. A society that enables people to fulfil their potential no matter what their background or circumstances (including their socio economic background and circumstances). A Wales of cohesive communities. Attractive, viable, safe and well-connected communities. A Wales of vibrant culture and thriving Welsh language. A society that promotes and protects culture, heritage and the Welsh language, and which encourages people to participate in the arts, and sports and recreation. A globally responsible Wales. A nation which, when doing anything to improve the economic, social, environmental and cultural well-being of Wales, takes account of whether doing such a thing may make a positive contribution to global well-being. The sustainable development principle 5 1 In this Act, any reference to a public body doing something “ in accordance with the sustainable development principle ” means that the body must act in a manner which seeks to ensure that the needs of the present are met without compromising the ability of future generations to meet their own needs. 2 In order to act in that manner, a public body must take account of the following things— a the importance of balancing short term needs with the need to safeguard the ability to meet long term needs, especially where things done to meet short term needs may have detrimental long term effect; b the need to take an integrated approach, by considering how— i the body's well-being objectives may impact upon each of the well-being goals; ii the body's well-being objectives impact upon each other or upon other public bodies' objectives, in particular where steps taken by the body may contribute to meeting one objective but may be detrimental to meeting another; c the importance of involving other persons with an interest in achieving the well-being goals and of ensuring those persons reflect the diversity of the population of— i Wales (where the body exercises functions in relation to the whole of Wales), or ii the part of Wales in relation to which the body exercises functions; d how acting in collaboration with any other person (or how different parts of the body acting together) could assist the body to meet its well-being objectives, or assist another body to meet its objectives; e how deploying resources to prevent problems occurring or getting worse may contribute to meeting the body's well-being objectives, or another body's objectives. Meaning of “public body” 6 1 For the purposes of this Part and Part 3 of this Act, each of the following persons is a “public body”— a the Welsh Ministers; b a local authority; ba a corporate joint committee; c a Local Health Board; d the following NHS Trusts— i Public Health Wales; ii Velindre; iii Welsh Ambulance Services University NHS Trust; 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; e a National Park authority for a National Park in Wales; f a Welsh fire and rescue authority; g the Natural Resources Body for Wales; h the Commission for Tertiary Education and Research ; i the Arts Council of Wales; j the Sports Council for Wales; k the National Library of Wales; l the National Museum of Wales. 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. 2 Section 52 enables the Welsh Ministers to amend the meaning of a “public body”. 3 Chapter 1 of Part 4 provides for persons who are listed as public bodies in subsection (1) (as well as certain other persons who exercise functions of a public nature) to be either members, invited participants or other partners of the public services boards established under that Part. Well-being objectives Statements about well-being objectives 7 1 When publishing the well-being objectives (including well-being objectives revised under section 8 or 9) a public body must also publish a statement— a explaining why the body considers that meeting the objectives will contribute to the achievement of the well-being goals; b explaining why the public body considers it has set well-being objectives in accordance with the sustainable development principle, including how the body proposes to involve other persons with an interest in achieving the well-being goals and ensure that those persons reflect the diversity of the population of— i Wales (where the body exercises functions in relation to the whole of Wales), or ii the part of Wales in relation to which the body exercises functions; c setting out the steps the public body proposes to take to meet those objectives in accordance with the principle (including how it proposes to govern itself, how it will keep the steps under review and how it proposes to ensure that resources are allocated annually for the purpose of taking such steps); d specifying the periods of time within which the body expects to meet the objectives; e providing such other information as the body considers appropriate about taking the steps and meeting the objectives. 2 The well-being objectives of a public body that is also a member of a public services board may be included in that board's local well-being plan (see Chapters 1 and 2 of Part 4). Welsh Ministers' well-being objectives 8 1 The Welsh Ministers' well-being objectives must be set and published— a no later than 6 months after the date on which the first general election is held following the commencement of this section, and b no later than 6 months after the date of each subsequent general election. 2 The Welsh Ministers' well-being objectives must be set for the period— a beginning with the day specified for that purpose in the statement published under section 7(1), and b ending with the day of the next ordinary general election under section 3 of the Government of Wales Act 2006 (c.32). 3 If the well-being goals are amended, the Welsh Ministers must review their well-being objectives. 4 If, on a review under subsection (3), the Welsh Ministers determine that one or more of their well-being objectives are no longer appropriate, they must revise the objective or objectives concerned. 5 The Welsh Ministers may at any other time review and revise their well-being objectives. 6 Well-being objectives revised under subsection (4) or (5) must be set for the remainder of the period referred to in subsection (2). 7 Where the Welsh Ministers revise their well-being objectives under subsection (4) or (5), they must publish them as soon as is reasonably practicable. 8 In setting or revising their well-being objectives, the Welsh Ministers must take into account the Commissioner's report under section 23. 9 In subsection (1), “ general election ” means— a the poll held at an ordinary general election under section 3 of the Government of Wales Act 2006 (c.32), or b the poll held at an extraordinary general election under section 5 of that Act. Corporate joint committees’ well-being objectives 8A 1 A corporate joint committee established on or before 1 January 2022 must set and publish its well-being objectives— a no later than 1 April 2023, and b at such subsequent times as it considers appropriate. 2 A corporate joint committee established after 1 January 2022 must set and publish its well-being objectives— a no later than 12 months after the date on which the corporate joint committee is established, and b at such subsequent times as it considers appropriate. 3 If the well-being goals are amended, a corporate joint committee must review its well-being objectives. 4 If, on a review under subsection (3), a corporate joint committee determines that one or more of its well-being objectives are no longer appropriate, it must revise the objective or objectives concerned. 5 A corporate joint committee may at any other time review and revise its well-being objectives. 6 Where a corporate joint committee revises its well-being objectives under subsection (4) or (5), it must publish them as soon as is reasonably practicable. 7 In setting or revising its wellbeing objectives, a corporate joint committee must take into account the Commissioner’s report under section 23. Other public bodies' well-being objectives 9 1 In this section references to a public body do not include the Welsh Ministers or a corporate joint committee . 2 A public body's well-being objectives must be set and published— a no later than the beginning of the financial year following the commencement of this section, and b at such subsequent times as the body considers appropriate. 3 If the well-being goals are amended, a public body must review its well-being objectives. 4 If, on a review under subsection (3), a public body determines that one or more of its well-being objectives are no longer appropriate, it must revise the objective or objectives concerned. 5 A public body may at any other time review and revise its well-being objectives. 6 Where a public body revises its well-being objectives under subsection (4) or (5) , it must publish them as soon as is reasonably practicable. 7 In setting or revising its well-being objectives, a public body must take into account the Commissioner's report under section 23. Measuring performance towards achieving the goals National indicators and annual well-being report 10 1 The Welsh Ministers must— a publish indicators (“national indicators”) that must be applied for the purpose of measuring progress towards the achievement of the well-being goals, and b lay a copy of the national indicators before the National Assembly. 2 A national indicator— a must be expressed as a value or characteristic that can be measured quantitatively or qualitatively against a particular outcome; b may be measured over such period of time as the Welsh Ministers consider appropriate; c may be measurable in relation to Wales or any part of Wales. 3 The Welsh Ministers must set milestones in relation to the national indicators which the Welsh Ministers consider would assist in measuring whether progress is being made towards the achievement of the well-being goals. 4 In setting a milestone the Welsh Ministers must specify— a the criteria for determining whether the milestone has been achieved (by reference to the value or characteristic by which the indicator is measured), and b the time by which the milestone is to be achieved. 5 If the well-being goals are amended, the Welsh Ministers must review the national indicators and milestones. 6 If, on a review under subsection (5), the Welsh Ministers determine that one or more of the national indicators or milestones are no longer appropriate, they must revise it or them. 7 The Welsh Ministers may at any other time review and revise the national indicators and milestones. 8 Where the Welsh Ministers revise the national indicators and milestones under subsection (6) or (7), they must as soon as reasonably practicable— a publish the indicators and milestones as revised, and b lay a copy of them before the National Assembly. 9 Before publishing national indicators and milestones (including indicators and milestones revised under subsection (6) or (7)), the Welsh Ministers must consult— a the Commissioner; b the other public bodies; c such other persons as they consider appropriate. 10 The Welsh Ministers must, in respect of each financial year beginning after the date on which national indicators are published under subsection (1), publish a report (an “annual well-being report”) on the progress made towards the achievement of the well-being goals by reference to the national indicators and milestones. 11 An annual well-being report under subsection (10) must specify the periods of time to which the measurement of each indicator relates. Future trends report 11 1 The Welsh Ministers must, during the period of 12 months beginning with the date of a general election, publish a report (a “future trends report”) that contains— a predictions of likely future trends in the economic, social, environmental and cultural well-being of Wales, and b any related analytical data and information that the Welsh Ministers consider appropriate. 2 In preparing a future trends report the Welsh Ministers must— a take account of any action taken by the United Nations in relation to the UN Sustainable Development Goals and assess the potential impact of that action on the economic, social, environmental and cultural well-being of Wales, and b take account of the report containing an assessment of the risks for the United Kingdom of the current and predicted impact of climate change most recently sent to the Welsh Ministers under section 56(6) of the Climate Change Act 2008 (c.27). 3 In subsection (2)(a), “ UN Sustainable Development Goals ” means the goals set out in “Transforming our world: the 2030 Agenda for Sustainable Development”, adopted by the General Assembly of the United Nations by resolution A/Res/70/1 of 25 September 2015 . 4 In subsection (1), the reference to the date of a general election is to the date on which an ordinary general election is held under section 3 of the Government of Wales Act 2006 (c.32) (or would be apart from section 5(5) of that Act). Annual reports by the Welsh Ministers 12 1 The Welsh Ministers must— a publish, in respect of each financial year, a report of the progress they have made towards meeting their well-being objectives, and b lay a copy of the report before the National Assembly. 2 In preparing a report under this section, the Welsh Ministers must review their well-being objectives. 3 If, on a review under subsection (2), the Welsh Ministers determine that one or more of their well-being objectives are no longer appropriate, they must revise the objective or objectives concerned and publish the revised objective or objectives as soon as practicable. 4 Where the Welsh Ministers revise one or more of their objectives under subsection (3), the report must include an explanation of the revision and the reasons for making it. 5 A report under this section must be published and laid before the National Assembly as soon as reasonably practicable following the end of the financial year to which the report relates. Annual reports by other public bodies 13 1 Schedule 1 makes provision requiring each public body other than the Welsh Ministers to publish annual reports of the progress it has made in meeting its well-being objectives. 2 In preparing a report under Schedule 1, or under a provision amended by that Schedule, a public body must review its well-being objectives. 3 If, on a review under subsection (2), a public body determines that one or more of its well-being objectives are no longer appropriate, it must revise the objective or objectives concerned and publish the revised objective or objectives as soon as practicable. 4 Where a public body revises one or more of its objectives under subsection (3), the report must include an explanation of the revision and the reasons for making it. Guidance Guidance 14 1 The Welsh Ministers must issue guidance to other public bodies about the exercise of functions under this Part. 2 In exercising a function under this Part, a public body must take such guidance into account. Role of the Auditor General for Wales The sustainable development principle: Auditor General's examinations 15 1 The Auditor General for Wales may carry out examinations of public bodies for the purposes of assessing the extent to which a body has acted in accordance with the sustainable development principle when— a setting well-being objectives, and b taking steps to meet those objectives. 2 The Auditor General must carry out such an examination of each public body at least once during the period mentioned in subsection (6). 3 Before the end of the period mentioned in subsection (6), the Auditor General must report on the results of the examinations carried out under subsection (1) during that period to the National Assembly. 4 The Auditor General must lay any report prepared under subsection (3) before the National Assembly. 5 In carrying out an examination under subsection (1), the Auditor General must— a take into account any advice or assistance given to the public body, or any review of and recommendations made to the body, by the Future Generations Commissioner for Wales (see Part 3), and b consult the Commissioner. 6 The period referred to in subsections (2) and (3)— a 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 b ends on the date falling one day and one year before the date on which the next such election is to be held. Promotion of sustainable development Promotion of sustainable development 16 For section 79 of the Government of Wales Act 2006 (c.32) (sustainable development) substitute— Sustainable development 79 1 The Welsh Ministers must, in the exercise of their functions, make appropriate arrangements to promote sustainable development. 2 After each financial year the Welsh Ministers must publish a report containing a statement of the arrangements made in pursuance of subsection (1) that had effect during that financial year and must lay a copy of the report before the Assembly. 3 The arrangements referred to in subsection (1) may be made by the Welsh Ministers exercising their functions under section (2) of the Well-being of Future Generations (Wales) Act 2015 (duty of Welsh public bodies to set objectives and take steps to meet them in accordance with the sustainable development principle). . PART 3 THE FUTURE GENERATIONS COMMISSIONER FOR WALES The Commissioner Future Generations Commissioner for Wales 17 1 There is to be a Future Generations Commissioner for Wales (referred to in this Act as the “Commissioner”). 2 The Commissioner is to be an individual appointed by the Welsh Ministers. 3 Before making the appointment under subsection (2), the Welsh Ministers must consult with the National Assembly through its responsible committee. 4 Schedule 2 makes further provision about the Commissioner. Commissioner's general duty 18 The general duty of the Commissioner is— a to promote the sustainable development principle, in particular to— i act as a guardian of the ability of future generations to meet their needs, and ii encourage public bodies to take greater account of the long-term impact of the things that they do, and b for that purpose to monitor and assess the extent to which well-being objectives set by public bodies are being met. The Commissioner 's functions Commissioner's functions 19 1 The Commissioner may, in carrying out the Commissioner's general duty— a provide advice or assistance to a public body (which includes providing advice on climate change); b provide advice to the Auditor General for Wales on the sustainable development principle; c provide advice or assistance to a public services board in relation to the preparation of its local well-being plan (see section 42); d provide advice or assistance to any other person who the Commissioner considers is taking (or wishes to take) steps that may contribute to the achievement of the well-being goals; e encourage best practice amongst public bodies in taking steps to meet their well-being objectives in accordance with the sustainable development principle; f promote awareness amongst public bodies of the need to take steps to meet their well-being objectives in accordance with the sustainable development principle; g encourage public bodies to work with each other and with other persons if this could assist them to meet their well-being objectives; h seek the advice of an advisory panel (see section 26) in relation to the exercise of any of the Commissioner's functions. 2 The Commissioner may undertake research or other study into— a the extent to which the well-being goals and national indicators are consistent with the sustainable development principle, b the extent to which the sustainable development principle is taken into account in the national indicators, c the sustainable development principle itself (including how it is applied to setting and meeting objectives), and d anything related to any of those things that impacts upon the economic, social, environmental and cultural well-being of Wales (or any part of Wales). 3 References in this section to providing assistance to a public body do not include providing financial assistance. Reviews by the Commissioner 20 1 The Commissioner may conduct a review into the extent to which a public body is safeguarding the ability of future generations to meet their needs by taking account of the long term impact of things the body does under section 3. 2 In conducting a review, the Commissioner may review— a the steps the body has taken or proposes to take to meet its well-being objectives; b the extent to which the body is meeting its well-being objectives; c whether a body has set well-being objectives and taken steps to meet them in accordance with the sustainable development principle. 3 In conducting a review, the Commissioner must have regard to any examination of the body carried out by the Auditor General for Wales under section 15. 4 In conducting a review, the Commissioner may make recommendations to the public body about— a the steps the body has taken or proposes to take to meet its well-being objectives; b how to set well-being objectives and take steps to meet them in accordance with the sustainable development principle. 5 The Commissioner may conduct a single review of two or more public bodies. 6 The Commissioner must publish a report of a review (including any recommendations made) and send a copy of it to the Welsh Ministers. 7 In conducting a review, the Commissioner may require a public body to provide such information as the Commissioner considers relevant to the review. 8 But a public body is not required to provide information to the Commissioner if the body is prohibited from providing it by virtue of an enactment or any other rule of law. Recommendations made by the Commissioner 21 1 In providing advice or assistance to the Welsh Ministers, the Commissioner may also make recommendations to the Ministers about the well-being goals or the national indicators. 2 If the Commissioner makes recommendations under this section, the Commissioner must publish those recommendations. Duty to follow recommendations 22 1 A public body must take all reasonable steps to follow the course of action set out in a recommendation made to it by the Commissioner under section 20(4) unless— a the public body is satisfied that there is good reason for it not to follow the recommendation in particular categories of case or at all, or b it decides on an alternative course of action in respect of the subject matter of the recommendation. 2 The Welsh Ministers may issue guidance to other public bodies about how to respond to a recommendation made by the Commissioner. 3 In deciding how to respond to such a recommendation, a public body must take such guidance into account. 4 A public body must publish its response to a recommendation made by the Commissioner and if the body does not follow a recommendation, the response must include the body's reasons for that and explain what alternative course of action, if any, it proposes to take. Future Generations report 23 1 The Commissioner must prepare and publish, before the end of each reporting period, a report containing the Commissioner's assessment of the improvements public bodies should make in order to set and meet well-being objectives in accordance with the sustainable development principle. 2 The Commissioner's report must include, in particular, an assessment of how public bodies should— a better safeguard the ability of future generations to meet their needs, and b take greater account of the long-term impact of the things that they do. 3 In this section and section 24, the “reporting period” is the period— a beginning with the day after that on which a future trends report under section 11 is published, and b ending on the day before the date falling one year before the date on which the poll is to be held at the next general election under section 3 of the Government of Wales Act 2006 (c.32). 4 In addition to the assessment mentioned in subsection (1), a report under this section must also include— a a summary of the evidence gathered and activities undertaken by the Commissioner during the reporting period (see section 24); b a summary of the reviews conducted by the Commissioner during the reporting period (see section 20); c a summary of any other action taken by the Commissioner during the reporting period in the exercise of the Commissioner's functions. 5 A report under this section may include— a an account of any research or other study undertaken under section 19(2); b any other information the Commissioner considers appropriate. 6 The Commissioner must send the Welsh Ministers a copy of a report published under this section. 7 The Welsh Ministers must lay a copy of a report sent to them under subsection (6) before the National Assembly. 8 The Welsh Ministers may by regulations amend the reporting period. Future Generations report: activity during the reporting period 24 1 During a reporting period (but before the report under section 23 is published) the Commissioner must consult— a the advisory panel (see section 26); b each public body; c representatives of voluntary organisations in Wales; d any other person who the Commissioner considers is taking steps (or wishes to take steps) that may contribute to the achievement of the well-being goals; e representatives of persons resident in each local authority area in Wales; f representatives of persons carrying on business in Wales; g trade unions representing workers in Wales; h any other person the Commissioner considers appropriate to ensure that economic, social, environmental and cultural interests are fully represented. 2 In preparing a report under section 23 the Commissioner must (in addition to taking into account representations made by the persons consulted under subsection (1)) take into account— a each annual well-being report under section 10(10) published during the reporting period; b the future trends report published under section 11 on the day before the beginning of the reporting period; c relevant reports of the Auditor General for Wales. Joint working Joint working 25 1 This section applies if the Commissioner intends to conduct a review of a body under section 20 and it appears to the Commissioner that such a review relates to a matter that is the same as, or substantially similar to, the subject matter of— a a review under section 72B of the Care Standards Act 2000 (c.14) by the Children's Commissioner for Wales; b a review under section 3 of the Commissioner for Older People (Wales) Act 2006 (c.30) by the Commissioner for Older People in Wales; c an inquiry under section 7 of the Welsh Language (Wales) Measure 2011 (nawm 1) by the Welsh Language Commissioner. d an investigation under the Public Services Ombudsman (Wales) Act 2019 (anaw 3) by the Public Services Ombudsman for Wales (and references in this section to the other Commissioner or the Commissioners include the Ombudsman). 2 The Commissioner may— a inform the other Commissioner about the intention to conduct the review, and b consult the other Commissioner about the review. 3 The Commissioners may— a co-operate with each other; b jointly prepare and publish a document that is to be treated as both— i the report of the review required by section 20(6), and ii a report of the review or inquiry referred to in subsection (1) of this section. Advisory panel to the Commissioner Advisory panel 26 1 There is to be a panel of advisers (the “advisory panel”) for the purpose of providing advice to the Commissioner on the exercise of the Commissioner's functions. 2 The members of the advisory panel are— a the Children's Commissioner for Wales; b the Welsh Language Commissioner; c the Commissioner for Older People in Wales; d the member of staff of the Welsh Government designated by the Welsh Ministers as the Chief Medical Officer for Wales; e the chairperson of the Natural Resources Body for Wales or another non-executive member of that body selected by the chairperson; f an officer of the body representing trade unions in Wales known as Wales TUC Cymru nominated by that body; g the chairperson, director or similar officer as the Welsh Ministers may appoint of a body representing persons carrying on business in Wales; h such other person as the Welsh Ministers may appoint. Appointed members 27 1 Before appointing a member under section 26(2)(h), the Welsh Ministers must consult the Commissioner. 2 An appointed member holds office for a period of no less than 3 years and no more than 5 years as the Welsh Ministers may determine. 3 An appointed member may be reappointed once for a further period of no less than 3 years and no more than 5 years (whether or not this period runs consecutively from the member's first appointment). 4 The Welsh Ministers may pay remuneration to appointed members. 5 An appointed member may resign from the panel by giving the Welsh Ministers not less than 3 months' notice in writing of the member's intention to do so. 6 The Welsh Ministers may following consultation with the Commissioner dismiss an appointed member if satisfied that the member— a is unfit to continue as a panel member, or b is unable or unwilling to act as a member. Payment of panel members' expenses 28 The Welsh Ministers may pay allowances (including travelling and subsistence allowances) and gratuities to the members of the advisory panel. PART 4 PUBLIC SERVICES BOARDS CHAPTER 1 ESTABLISHMENT, PARTICIPATION AND SCRUTINY Public services boards 29 1 There is to be a public services board for each local authority area in Wales. 2 The members of each board are— a the local authority; b the Local Health Board for an area any part of which falls within the local authority area; c the Welsh fire and rescue authority for an area any part of which falls within the local authority area; d the Natural Resources Body for Wales. 3 In this Part, a reference to a “public services board” (or “board”) is a reference to the members of that board acting jointly; accordingly, a function expressed as a function of a public services board is a function of each member of the board that may only be exercised jointly with the other members. Invitations to participate 30 1 A public services board for a local authority area must invite the following persons to participate in the activity of the board— a the Welsh Ministers; b the chief constable of the police force for a police area any part of which falls within the local authority area; c the police and crime commissioner for a police area any part of which falls within the local authority area; d a person required by arrangements under section 3(2) of the Offender Management Act 2007 (c.21) to provide probation services in relation to the local authority area; e at least one body representing relevant voluntary organisations (whether or not the body is known as a County Voluntary Council). 2 Each board may invite any other person who exercises functions of a public nature to participate in the activity of the board, even if that person also exercises other functions. 3 In this section and section 31, a reference to participating in the activity of a public services board is a reference to working jointly with the board, any member of it or any other person who accepts an invitation to participate under this section, on anything the board does under section 36 (Well-being duty on public services boards). 4 In subsection (3), “ working jointly ” includes— a making representations to the board about the content of— i an assessment under section 37, or ii a local well-being plan, a draft plan or proposed amendments to a plan (see sections 43(1) and 44(4)), b taking part in meetings of the board (which includes, upon the invitation of the members of the board and subject to paragraphs 2(1) and 3(1) of Schedule 3, chairing meetings), and c providing other advice and assistance to the board. 5 A person who accepts an invitation to participate in the activity of a public services board— a is referred to in this Part as an “ invited participant ”; but b does not become a member of the board by virtue of accepting the invitation. 6 The reference in subsection (4)(c) to providing assistance does not include providing financial assistance. Invitations to participate: issue, response and duration of participation 31 1 An invitation under section 30(1) must be issued as soon as is reasonably practicable following— a the first meeting of a public services board (see paragraph 2(1) of Schedule 3), and b each meeting held under paragraph 3(1) of that Schedule. 2 An invitation under section 30(1) or (2)— a may be in such form as the board determines; but b must specify the person to whom a response is to be sent. 3 An invited participant may participate in the activity of a board in the period— a beginning with the date on which the response accepting the invitation is received by the person to whom it is to be sent, and b ending on the date on which the next ordinary election is held under section 26 of the Local Government Act 1972 (c.70) (election of councillors). Other partners 32 1 A public services board's other partners are— a a community council for a community in an area which (or any part of which) falls within the local authority area (but see also section 40); b the Public Health Wales NHS trust; ba the Citizen Voice Body for Health and Social Care, Wales; c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . d a National Park authority for a National Park in Wales any part of which falls within the local authority area; e the Commission for Tertiary Education and Research; f an institution in the further education sector or the higher education sector situated in whole or in part within the local authority area; g the Arts Council of Wales; h the Sports Council for Wales; i the National Library of Wales; j the National Museum of Wales. 2 In exercising its functions, a board— a must seek advice from its other partners, and b must otherwise involve them in such manner and to such extent as it considers appropriate. 3 In subsection (1)(f), “ further education sector ” and “ higher education sector ” have the same meaning as in the Further and Higher Education Act 1992 (c.13). Changes in participation 33 1 The Welsh Ministers may, by regulations, amend section 29(2), 30(1) or 32(1) by— a adding a person, b removing a person, or c amending the description of a person. 2 But the Welsh Ministers may amend section 29(2), 30(1) or 32(1) by adding a person only if that person exercises functions of a public nature. 3 If the Welsh Ministers amend section 29(2), 30(1) or 32(1) so as to add a person who has functions of a public nature and other functions, this Part applies to that person only in relation to those of the person's functions that are of a public nature. 4 Before making regulations under subsection (1), the Welsh Ministers must consult— a the members, invited participants and other partners of the public services board to which the proposed regulations relate, and b if such regulations are to amend section 29(2), 30(1) or 32(1) so as to add a person, that person. Meetings and terms of reference 34 Schedule 3 makes further provision about public services boards (including provision about their meetings and terms of reference). Overview and scrutiny committee of local authority 35 1 Executive arrangements by a local authority under Part 2 of the Local Government Act 2000 (c. 22) must ensure that its overview and scrutiny committee has power— a to review or scrutinise decisions made, t or other action taken, by the public services board for the local authority area in the exercise of its functions; b to review or scrutinise the board's governance arrangements; c to make reports or recommendations to the board with respect to the board's functions or governance arrangements; d to consider such matters relating to the board as the Welsh Ministers may refer to it and to report to the Welsh Ministers accordingly; e to carry out such other functions in relation to the board as are imposed on it by this Act. 2 An overview and scrutiny committee must send a copy of any report or recommendation made under subsection (1)(c) to— a the Welsh Ministers; b the Commissioner; c the Auditor General for Wales. 3 An overview and scrutiny committee may, for the purpose of exercising a power mentioned in subsection (1), require one or more of the persons who may attend a meeting of the public services board (see paragraph 7 of Schedule 3), or anyone designated by such a person, to attend a meeting of the committee and provide it with explanations of such matters as it may specify. 4 Where a local authority has more than one overview and scrutiny committee, the references in this Part to its overview and scrutiny committee are to the committee that the local authority designates for the purposes of this section. CHAPTER 2 IMPROVING LOCAL WELL-BEING Well-being duty on public services boards Well-being duty on public services boards 36 1 Each public services board must improve the economic, social, environmental and cultural well-being of its area by contributing to the achievement of the well-being goals. 2 A public services board's contribution to the achievement of the goals must include— a assessing the state of economic, social, environmental and cultural well-being in its area (see sections 37 and 38), b setting objectives (“local objectives”) that are designed to maximise its contribution within its area to achieving those goals, and c the taking of all reasonable steps by members of the board (in exercising their functions) to meet those objectives (but see section 39(2)(b)). 3 Anything a public services board does under this section must be done in accordance with the sustainable development principle. 4 Sections 39 to 45 make provision about local well-being plans including provision requiring public services boards to set out in such plans their local objectives and the steps they propose to take to meet them. Local well-being assessments Assessments of local well-being 37 1 A public services board must prepare and publish an assessment of the state of economic, social, environmental and cultural well-being in its area. 2 Each board must publish the assessment no later than one year before the date on which a local well-being plan is to be published under subsection ... (7) of section 39. 3 An assessment must— a set out which community areas comprise the area of the board; b include an analysis of the state of well-being in each community area and in the area as a whole; c include an analysis of the state of well-being of the people in the area; d include any further analysis that the board carries out by reference to criteria set and applied by it for the purpose of assessing economic, social, environmental and cultural well-being in the area or in any community situated in the area; e include predictions of likely future trends in the economic, social, environmental and cultural well-being of the area; f include any other related analytical data and information that the board considers appropriate. 4 An analysis referred to in subsection (3)— a must refer to any national indicators published under section 10; b must refer to a future trends reports under section 11 to the extent that it is relevant to the assessment of well-being in the area. 5 The community areas that comprise the area of a board are to be determined— a in accordance with regulations made by the Welsh Ministers, or b if no such regulations have been made, by the board. 6 The analysis referred to in subsection (3)(c) may include analyses of particular categories of persons determined by the board by reference to— a the fact that persons are vulnerable or otherwise disadvantaged for the same or similar reasons; b the persons possessing a common protected characteristic within the meaning of Chapter 1 of Part 2 of the Equality Act 2010 (c.15); c the persons being children (persons under the age of 18); d the persons being young people entitled to support under sections 105 to 115 of the Social Services and Well-being (Wales) Act 2014 (anaw 4) as described in section 104 of that Act; e whether the persons— i may have need for care and support (as described in Part 3 of the Social Services and Well-being (Wales) Act 2014) (anaw 4)); or ii provide or intend to provide care and support for persons who may need it; f any other common factor the Board considers appropriate in describing a category of persons. 7 Each board must send a copy of its assessment to— a the Welsh Ministers; b the Commissioner; c the Auditor General for Wales; d the local authority's overview and scrutiny committee. Preparation of assessments 38 1 Before publishing its assessment under section 37, a public services board must consult— a the Commissioner; b the board's invited participants; c its other partners; d such of the persons who received but did not accept an invitation from the board under section 30 as the board considers appropriate; e the local authority's overview and scrutiny committee; f any relevant voluntary organisation as the board considers appropriate; g representatives of persons resident in its area; h representatives of persons carrying on business in its area; i trade unions representing workers in its area; j such persons with an interest in the maintenance and enhancement of natural resources in the board's area, as the board considers appropriate; k any other persons who, in the opinion of the board, are interested in the improvement of the area's economic, social, environmental and cultural well-being. 2 As part of the consultation under subsection (1), each board must provide each consultee with a draft of its assessment. 3 In preparing its assessment, each board must take each of the following into account— a the report containing an assessment of the risks for the United Kingdom of the current and predicted impact of climate change most recently sent to the Welsh Ministers under section 56(6) of the Climate Change Act 2008 (c.27); b the most recent review of the sufficiency of nursery education provision for the local authority area carried out under section 119(5)(a) of the School Standards and Frameworks Act 1998 (c.31); c the most recent assessment of the sufficiency of the provision of childcare in the local authority area carried out in accordance with regulations made under section 26(1) of the Childcare Act 2006 (c.21); d the most recent assessment of the sufficiency of play opportunities in the local authority area carried out under section 11(1) of the Children and Families (Wales) Measure 2010 (nawm 1); e the most recent assessment carried out by the local authority in conjunction with a Local Health Board under section 14 of the Social Services and Well-being (Wales) Act 2014 (anaw 4) (assessment of needs for care and support, support for carers and preventative services); f the most recent strategic assessment prepared in accordance with regulations under section 6 of the Crime and Disorder Act 1998 (c.37) relating to reducing crime and disorder in the local authority area; g the most recent strategic assessment prepared in accordance with regulations under that section relating to combating substance misuse in the local authority area; ga each area statement under section 11 of the Environment (Wales) Act 2016 (if any) which relates to any part of the local authority's area; h the most recent strategic assessment prepared in accordance with regulations under that section relating to the reduction of reoffending in the local authority area; i such other review or assessment in relation to the local authority area as may be prescribed by the Welsh Ministers in regulations (or such other analysis as may be designated in such regulations as a review or assessment for the purposes of this section). Local well-being plans Local well-being plans 39 1 A public services board must prepare and publish a plan (a “local well-being plan”) setting out its local objectives and the steps it proposes to take to meet them. 2 The plan may include objectives— a that are also well-being objectives published under Part 2 by a member of the board; b that are to be met by the taking of steps— i by one or more members of the board, invited participants or other partners acting individually, or ii any combination of members, invited participants or other partners acting jointly. 3 But a plan may include an objective which is to be met by steps which are to be taken by an invited participant or other partner (whether individually or jointly in any combination of members, invited participants or other partners) only if the board has obtained the agreement of that invited participant or other partner, as the case may be. 4 In setting its well-being objectives a board must take into account the Commissioner's report under section 23. 5 A local well-being plan must include a statement— a explaining why the board considers that meeting the local objectives will contribute within the area to achieving the well-being goals; b explaining how the objectives and any proposed steps have been set with regard to any matters mentioned in the most recent assessment of well-being published under section 37; c specifying the periods of time within which the board expects to meet the objectives; d explaining how any proposed steps are to be taken in accordance with the sustainable development principle; e if the plan includes objectives referred to in subsection (2)(b), specifying the proposed steps to be taken to meet those objectives and, in the case of steps to be taken by a combination of members of the board, invited participants or other partners, the persons making up the combination; f if the plan is not the first plan published by the board, specifying the steps taken to meet the objectives set out in the board's previous plan and specifying the extent to which those objectives have been met; g providing such other information as the board considers appropriate. 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Each board must publish a local well-being plan no later than one year after the date on which each ordinary election under section 26 of the Local Government Act 1972 (c. 70) is held. 8 Each board must send a copy of its plan to— a the Welsh Ministers; b the Commissioner; c the Auditor General for Wales; d the local authority's overview and scrutiny committee. Local well-being plans: role of community councils 40 1 A community council must take all reasonable steps in its area towards meeting the local objectives included in the local well-being plan that has effect in its area. 2 But a community council is subject to the duty under subsection (1) only if, for each of the preceding three financial years prior to the local well-being plan for its area being published, either its gross income or its gross expenditure was at least £200,000. 3 The Welsh Ministers may, by regulations, amend the criteria specified in subsection (2) for determining whether a community council is subject to the duty under subsection (1); and the regulations may reflect provision made about community councils in regulations under section 39 of the Public Audit (Wales) Act 2004 (c.23). 4 Before making regulations under subsection (3), the Welsh Ministers must consult— a the Commissioner; b the community councils that would become subject to the duty under subsection (1) if the regulations were made; c such other persons as the Welsh Ministers consider appropriate. 5 A community council must publish, in respect of each financial year in which it was subject to the duty under subsection (1), a report of the progress it has made in its area in meeting the local objectives included in the local well-being plan that has effect in its area. 6 A report under subsection (5) must be published as soon as reasonably practicable following the end of the financial year to which the report relates. 7 The Welsh Ministers must issue guidance to community councils that are subject to the duty under subsection (1) about the exercise of the duty. 8 In carrying out the duty under subsection (1), a community council must take such guidance into account. Preparation of local well-being plans: information about activities of others 41 1 In preparing its local well-being plan (and before consulting under section 43), a public services board may require any person mentioned in subsection (2) to provide the board with information about any action it takes that may contribute within the board's area to achieving the well-being goals. 2 The persons are— a the persons invited to participate in the activities of the board, except the Welsh Ministers (see section 30); b the board's other partners (see section 32). 3 But a person mentioned in subsection (2) is not required to provide information to a public services board— a if the person considers that doing so would— i be incompatible with the person's duties, or ii otherwise have an adverse effect on the exercise of the person's functions, or b if the person is prohibited from providing it by virtue of an enactment or any other rule of law. 4 Where a person mentioned in subsection (2) decides, in reliance on subsection (3)(a), that it is not required to provide information to a public services board, it must provide the board with written reasons for its decision. Preparation of local well-being plans: Commissioner's advice 42 1 In preparing its local well-being plan (and before consulting under section 43), a public services board must seek the advice of the Commissioner on how to take steps to meet the local objectives to be included in the plan in accordance with the sustainable development principle. 2 The Commissioner must give the advice— a in writing, and b no later than 14 weeks after it is sought. 3 Each board must publish the Commissioner's advice at the same time as it publishes the local well-being plan. Preparation of local well-being plans: further consultation and approval 43 1 Before publishing its local well-being plan, a public services board must consult— a the Commissioner (having received advice from the Commissioner under section 42(2)); b its invited participants; c its other partners; d such of the persons who received but did not accept an invitation from the board under section 30 as the board considers appropriate; e the local authority's overview and scrutiny committee; f any relevant voluntary organisation as the board considers appropriate; g representatives of persons resident in its area; h representatives of persons carrying on business in its area; i trade unions representing workers in its area; j such persons with an interest in the maintenance and enhancement of natural resources in the board's area, as the board considers appropriate; k any other persons who, in the opinion of the board, are interested in the improvement of the area's economic, social, environmental and cultural well-being. 2 As part of the consultation under subsection (1), each board must provide each consultee with a draft local well-being plan. 3 The consultation under subsection (1) must not end until at least 12 weeks have passed since the day on which it began. 4 Before publishing its local well-being plan, a public services board must hold a meeting at which each member confirms its approval of the plan for publication. 5 If the local authority is operating executive arrangements under Part 2 of the Local Government Act 2000 (c.22), the function of approving the local well-being plan for publication may not be exercised by an executive of the authority under those arrangements; nor does section 101 of the Local Government Act 1972 (c. 70) (discharge of functions by committees etc. ) apply to that function. 6 In the case of each Local Health Board, each Welsh fire and rescue authority and the Natural Resources Body for Wales, the function of approving the local well-being plan for publication may only be exercised at a meeting of the body in question. Review of local well-being plans 44 1 A public services board may— a review and revise its local objectives; b review and amend its local well-being plan (and must amend its plan if it has revised its local objectives). 2 Each board— a must review its local objectives or local well-being plan if directed to do so by the Welsh Ministers, and b may revise its objectives or amend its plan in consequence of such a review. 3 When giving a direction under subsection (2)(a) the Welsh Ministers must publish a statement containing their reasons for giving it. 4 Before making an amendment to its plan, each board must consult— a the Commissioner; b the persons mentioned in section 43(1). 5 An amended plan must be published as soon as reasonably practicable. 6 A board must send a copy of its amended plan to— a the Welsh Ministers; b the Commissioner; c the Auditor General for Wales; d the local authority's overview and scrutiny committee. Annual progress reports 45 1 A public services board must prepare and publish a report— a no later than 14 months after the publication of its local well-being plan, and b subsequently no later than one year after the publication of each previous report under this section. 2 But no report is required under subsection (1)(b) if a local well-being plan is to be published by virtue of section 39(7) (publication of new local well-being plan following election) no later than one year after the publication of the previous report under this section. 3 A report under this section must specify the steps taken since the publication of the board's most recent local well-being plan to meet the objectives set out in the plan. 4 A report under this section may contain such other information as the board considers appropriate. 5 A board must send a copy of each report published under this section to— a the Welsh Ministers; b the Commissioner; c the Auditor General for Wales; d the local authority's overview and scrutiny committee. Consequential modifications Modifications of enactments 46 Schedule 4 contains amendments and repeals in consequence of the provisions of this Part requiring the publication of local well-being assessments (under section 37) and local well-being plans (under section 39). CHAPTER 3 MISCELLANEOUS Merger and demerger of public services boards 47 1 Two or more public services boards may agree to merge if they consider it would assist them in contributing to the achievement of the well-being goals. 2 The Welsh Ministers may direct two or more public services boards to merge if the Welsh Ministers consider it would assist the boards in contributing to the achievement of the well-being goals. 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 If two or more boards merge— a references in this Part (other than in this section) to a public services board must be construed as references to the merged board, and b references in this Part to a local authority area must be construed as references to the combined areas of the local authorities that are members of the merged board. 5 A merged board must, as soon as reasonably practicable after it is established, review— a the local well-being plans in effect for its area immediately before it was established, and b the local objectives set out in those plans. 6 As soon as reasonably practicable after a review under subsection (5), the board must prepare and publish a local well-being plan for its area which may adopt the plans and objectives mentioned in subsection (5)(a) and (b)— a to the extent the board considers appropriate, and b subject to such amendments and revisions as the board considers appropriate. 7 A merged board may, if it considers that it would assist in contributing to the achievement of the well-being goals— a demerge, or b partially demerge (if three or more separate boards merged in the creation of the merged board). 8 The Welsh Ministers may, if they consider that it would assist in contributing to the achievement of the well-being goals, direct a merged board to— a demerge, or b partially demerge (if three or more separate boards merged in the creation of the merged board). 9 For the purposes of subsections (7) and (8), a merged board— a demerges if it ceases to exist and a separate public services board is established for the area of each local authority that was a member of the merged board; b partially demerges if— i it continues to exist as the public services board for the areas of two or more local authorities, and ii a separate public services board is established for the area of each local authority that has ceased to be a member of the merged board. 10 A public services board established after a demerger or partial demerger must, as soon as reasonably practicable after it is established, review— a the local well-being plan in effect for its area immediately before it was established, and b the local objectives set out in that plan. 11 As soon as reasonably practicable after a review under subsection (10), the board must prepare and publish a local well-being plan for its area which may adopt the plan and objectives mentioned in subsection (10)(a) and (b)— a to the extent the board considers appropriate, and b subject to such amendments and revisions as the board considers appropriate. 12 Before publishing a plan under subsection (6) or (11), a board must consult— a the Commissioner; b the Welsh Ministers; c such other persons as the board considers appropriate. 13 A board must send a copy of a local well-being plan published under subsection (6) or (11) to the persons mentioned in section 44(6). Collaboration between public services boards 48 1 Two or more public services boards may agree to collaborate if they consider it would assist them in contributing to the achievement of the well-being goals. 2 The Welsh Ministers may direct two or more public services boards to collaborate in whatever way the Welsh Ministers consider would assist the boards in contributing to the achievement of the well-being goals. 3 For the purposes of this section, a board collaborates if it— a co-operates with another board, b facilitates the activities of another board, c co-ordinates its activities with another board, d exercises another board's functions on its behalf, or e provides staff, goods, services or accommodation to another board. Directions to merge , demerge or collaborate 49 1 Before giving a direction under section 47(2) or (8) or section 48(2) the Welsh Ministers must consult each member of the public services board or boards they intend to direct. 2 When giving such a direction the Welsh Ministers must publish a statement containing their reasons for giving it. 3 The Welsh Ministers may vary or revoke such a direction. Performance indicators and standards 50 1 The Welsh Ministers may by regulations set indicators and standards by reference to which public services boards' performance in exercising functions can be measured. 2 Before making regulations under subsection (1), the Welsh Ministers must consult— a the members of the boards or persons appearing to the Welsh Ministers to represent those members; b any other persons the Welsh Ministers consider appropriate. Guidance 51 1 The Welsh Ministers must issue guidance to public services boards about the exercise of functions under this Part. 2 In exercising a function under this Part, a public services board must take such guidance into account. PART 5 FINAL PROVISIONS Meaning of “public body”: further provision 52 1 The Welsh Ministers may, by regulations, amend section 6(1) by— a adding a person, b removing a person, or c amending the description of a person. 2 But the regulations may amend section 6(1) by adding a person only if that person exercises functions of a public nature. 3 If the regulations amend section 6(1) so as to add a person who has functions of a public nature and other functions, Parts 1 to 3 apply to that person only in relation to those of the person's functions that are of a public nature. 4 Before making regulations that amend section 6(1), the Welsh Ministers must consult— a the Commissioner; b such other persons as the Welsh Ministers consider appropriate; c if the regulations amend section 6(1) so as to add a person, that person. Power to make consequential etc. provision 53 1 The Welsh Ministers may by regulations make consequential, incidental, supplemental, transitional or saving provision for the purposes of, or in connection with, giving full effect to a provision of this Act. 2 The regulations may (among other things) amend, repeal or revoke an enactment contained in or in an instrument made under— a an Act of Parliament; b a Measure or Act of the National Assembly (including this Act). 3 The reference in subsection (2) to an enactment includes a reference to an enactment passed or made after the passing of this Act. 4 The power conferred by this section is not restricted by any other provision of this Act. Regulations 54 1 A power to make regulations under this Act includes— a power to make different provision for different purposes or areas; b power to make such incidental, consequential, transitional or supplemental provision as the Welsh Ministers consider appropriate. 2 Any power of the Welsh Ministers to make regulations under this Act is exercisable by statutory instrument. 3 A statutory instrument containing provision such as is mentioned in subsection (1)(b) may, in the case of regulations under section 33(1), 40(3) or 52(1), contain provision amending an enactment contained in or an instrument made under— a an Act of Parliament; b a Measure or Act of the National Assembly (including this Act). 4 A statutory instrument containing any of the following (whether alone or with any other provision)— a regulations under section 40(3) or 52(1), b regulations under section 33(1) that amend section 29(2) or 30(1), or c regulations under section 53 that amend or repeal a provision of an Act of Parliament or of a Measure or Act of the National Assembly, may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly. 5 Any other statutory instrument containing regulations under this Act is subject to annulment in pursuance of a resolution of the National Assembly. 6 The reference in subsection (3) to an enactment includes a reference to an enactment passed or made after the passing of this Act. Interpretation 55 1 In this Act— “ the advisory panel ” (“ y panel cynghori ”) means the panel of advisers established under section 26; “ the Commissioner ” (“ y Comisiynydd ”) means the Future Generations Commissioner for Wales; “ corporate joint committee ” (“ cyd-bwyllgor corfforedig ”) means a corporate joint committee established by regulations made under Part 5 of the Local Government and Elections (Wales) Act 2021; “ financial year ” (“ blwyddyn ariannol ”) means the period of 12 months ending with 31 March; “ future trends report ” (“ adroddiad tueddiadau tebygol y dyfodol ”) has the meaning given by section 11; “ invited participant ” (“ cyfranogwr gwadd ”) has the meaning given by section 30(5); “ local authority ” (“ awdurdod lleol ”) means a county council or county borough council in Wales; “ Local Health Board ” (“ Bwrdd Iechyd Lleol ”) means a Local Health Board established under section 11 of the National Health Service (Wales) Act 2006 (c.42); “ local objectives ” (“ amcanion lleol ”) means objectives set by a public services board in accordance with section 36(2)(b); “ local well-being plan ” (“ cynllun llesiant lleol ”) means a plan published under section 39 , 44(5) or 47(6) or (11) ; “ National Assembly ” (“ Cynulliad Cenedlaethol ”) means the National Assembly for Wales; “ national indicators ” (“ dangosyddion cenedlaethol ”) has the meaning given by section 10(1)(a); “ other partners ” (“ partneriaid eraill ”), in relation to a public services board, means the bodies mentioned in section 32(1); “ overview and scrutiny committee ” (“ pwyllgor trosolwg a chraffu ”) is to be construed in accordance with section 35(4); “ police area ” (“ ardal heddlu ”) means an area listed under the heading “Wales” in Schedule 1 to the Police Act 1996 (c.16) (police areas outside London); “ Public Accounts Committee of the National Assembly ” (“ Pwyllgor Cyfrifon Cyhoeddus y Cynulliad Cenedlaethol ”) means the committee referred to as the “ Audit Committee ” in section 30 of the Government of Wales Act 2006 (c.32); “ public body ” (“ corff cyhoeddus ”) has the meaning given by sections 6 and 52; “ public services board ” (“ bwrdd gwasanaethau cyhoeddus ”) has the meaning given by sections 29 and 47(4)(a); “ sustainable development ” (“ datblygu cynaliadwy ”) has the meaning given by section 2; “ sustainable development principle ” (“ egwyddor datblygu cynaliadwy ”) has the meaning given by section 5; “ trade union ” (“ undeb llafur ”) has the meaning given by section 1 of the Trade Union and Labour Relations (Consolidation) Act 1992 (c.52); “ well-being goals ” (“ nodau llesiant ”) means the goals specified in section 4; “ well-being objectives ” (“ amcanion llesiant ”) means objectives published under section 7 or revised and published as revised under section 8 or 9; “ Welsh fire and rescue authority ” (“ awdurdod tân ac achub ”) means the authority in Wales constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 (c. 21) or a scheme to which section 4 of that Act applies. 2 In Part 4 of this Act a “ relevant voluntary organisation ” means a body (other than a body that exercises functions of a public nature) whose activities— a are carried on otherwise than for profit, and b directly or indirectly benefit the whole or any part of a public services board's area. 3 A registered social landlord (within the meaning of Part 1 of the Housing Act 1996) that provides housing in the local authority area is a relevant voluntary organisation for the purposes of Part 4 of this Act. Commencement 56 1 The following provisions of this Act come into force on the day after the day on which this Act receives Royal Assent— a sections 53 to 55, this section and section 57; b any other provision so far as is necessary for enabling the exercise after the day on which this Act receives Royal Assent of any power to make regulations under the Act. 2 The other provisions of this Act come into force on such day as the Welsh Ministers may by order appoint. 3 An order under subsection (2)— a may appoint different days for different purposes or areas; b may include transitional or saving provision. 4 The power of the Welsh Ministers to make an order under subsection (2) is exercisable by statutory instrument. Short title 57 The short title of this Act is the Well-being of Future Generations (Wales) Act 2015. SCHEDULE 1 ANNUAL REPORTS BY OTHER PUBLIC BODIES (as introduced by section 13(1)) Public bodies: general 1 1 A public body (other than the Welsh Ministers or one mentioned in sub-paragraph (3)) must publish, in respect of each financial year, a report of the progress it has made in meeting its well-being objectives. 2 A report under this paragraph must be published as soon as reasonably practicable following the end of the financial year to which the report relates. 2A In respect of any financial year, a local authority may publish its report under this paragraph and its report under section 91(1) of the Local Government and Elections (Wales) Act 2021 (self-assessment of performance) in the same document. 2B In respect of any financial year, a corporate joint committee may publish its report under this paragraph and its report under section 91(1) of the Local Government and Elections (Wales) Act 2021 (as applied to corporate joint committees by section 115A of and Schedule 10A to that Act) in the same document. 3 This paragraph does not apply to— a a Local Health Board or NHS trust (as to which, see paragraph 2); b the Natural Resources Body for Wales (as to which, see paragraph 3). Local Health Boards and NHS trusts 2 1 A Local Health Board or NHS trust must publish, in respect of each accounting year, a report of the progress it has made in meeting its well-being objectives. 2 A report published under this paragraph must be published as soon as reasonably practicable following the end of the accounting year to which the report relates. 3 In this paragraph, “ accounting year ” in relation to a Local Health Board or NHS trust has the meaning given by the order— a made under section 11 of the National Health Service (Wales) Act 2006, establishing the Board, or b made under section 18 of that Act, establishing the trust. The Natural Resources Body for Wales 3 1 In the Schedule to the Natural Resources Body for Wales (Establishment) Order 2012 (S.I.2012/1903 (W. 230)), in paragraph 22(1)(a), after “year” insert “ including a report of the progress made by the authority in meeting its well-being objectives published under Part 2 of the Well-being of Future Generations (Wales) Act 2015 (anaw 2) ” . 2 The amendment made by sub-paragraph (1) does not affect the power of the Welsh Ministers to make a further order under sections 13 and 15 of the Public Bodies Act 2011 (c. 24) amending or revoking provision made by that amendment. SCHEDULE 2 THE FUTURE GENERATIONS COMMISSIONER FOR WALES (as introduced by section 17(4)) Status 1 1 The Commissioner is a corporation sole. 2 The Commissioner is not to be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown. 3 The Commissioner's property is not to be regarded as property of, or property held on behalf of, the Crown. Validity of acts 2 1 The validity of an act of an individual as Commissioner is not affected by a defect in the appointment of— a that individual; b any member of the advisory panel. 2 The validity of an act of a person exercising functions on behalf of the Commissioner is not affected by a defect in the appointment of— a that person; b the Commissioner; c any member of the advisory panel. Duration of appointment 3 An individual appointed as Commissioner holds office for a period of 7 years. Terms of appointment 4 The Commissioner holds office subject to— a the provisions of this Schedule, and b any additional terms of appointment as may be specified from time to time by the Welsh Ministers. Remuneration, allowances and pensions 5 1 The Welsh Ministers may pay remuneration to the Commissioner. 2 The Welsh Ministers may pay allowances (including travelling and subsistence allowances) and gratuities to the Commissioner. 3 The Welsh Ministers may pay— a pensions to, or in respect of, individuals who have been Commissioner, and b amounts for or towards provision of pensions to, or in respect of, individuals who have been Commissioner. Disqualification 6 1 An individual cannot be appointed as Commissioner if the individual is disqualified on any of the grounds specified in sub-paragraph (3). 2 An individual ceases to be Commissioner if the individual is disqualified on any of the grounds specified in sub-paragraph (3). 3 An individual is disqualified from being Commissioner if the individual is— a a Member of the National Assembly; b a member of the advisory panel; c the holder of any other office or position to which a person may be appointed, or recommended or nominated for appointment, by or on behalf of— i the Crown, ii the National Assembly, or iii the National Assembly for Wales Commission; d a Member of the House of Commons or House of Lords; e a Member of the Scottish Parliament; f a Member of the Northern Ireland Assembly; g a Member of the European Parliament; h a member of a county council, a county borough council or a community council in Wales; i a member of the Commissioner's staff. End of appointment (other than through disqualification) 7 1 The Commissioner may resign from office by giving the Welsh Ministers not less than 3 months' notice in writing of the Commissioner's intention to do so. 2 The Welsh Ministers may dismiss the Commissioner if satisfied that the Commissioner— a is unfit to continue as Commissioner, or b is unable or unwilling to exercise the Commissioner's functions. Powers 8 1 The Commissioner may do anything the Commissioner considers appropriate in connection with the Commissioner's functions, including— a charging for the provision of advice or other services; b paying third parties for the provision of advice or other services; c accepting gifts of money or other property. 2 The Commissioner must not— a provide financial assistance to any person; b acquire or dispose of any interest in land, without the approval of the Welsh Ministers. 3 The Commissioner's power to charge for the provision of advice or another service is limited to charging such amounts as the Commissioner thinks appropriate to recover the actual or estimated costs to the Commissioner of providing that advice or service. Staff 9 1 The Commissioner may appoint such staff as the Commissioner considers appropriate in connection with the exercise of the Commissioner's functions and must appoint a member of staff to be the Deputy Commissioner (see paragraph 11). 2 The Commissioner may pay remuneration to the members of the Commissioner's staff. 3 The Commissioner may pay allowances (including travelling and subsistence allowances) and gratuities to the members of the Commissioner's staff. 4 The Commissioner may pay— a pensions to, or in respect of, persons who have been members of the Commissioner's staff, and b amounts for or towards provision of pensions to, or in respect of, persons who have been members of the Commissioner's staff. 5 The Commissioner must obtain the approval of the Welsh Ministers for— a the number of staff that may be appointed; b the terms and conditions of service of the staff; c any payments that may be made under sub-paragraphs (2) to (4). Delegation 10 A function of the Commissioner may be discharged on the Commissioner's behalf by any person including any member of the Commissioner's staff, but only to the extent authorised by the Commissioner. Deputy Commissioner 11 The functions of the Commissioner are exercisable by the Deputy Commissioner if— a the office of Commissioner is vacant, or b the Welsh Ministers are satisfied that for any reason the Commissioner is unable to exercise the functions of Commissioner. Complaints procedure 12 1 The Commissioner must establish a procedure for the investigation of complaints about the exercise of the Commissioner's functions (“ the complaints procedure ”). 2 The complaints procedure must include provision about— a how a complaint may be made; b the person to whom a complaint may be made; c the period within which consideration of a complaint must begin and be concluded; d the action that the Commissioner must consider taking in response to a complaint. 3 The Commissioner may amend the complaints procedure, but this is subject to the requirement to include provisions in accordance with sub-paragraph (2). 4 The Commissioner must— a make a copy of the complaints procedure available for inspection at the Commissioner's office, and b ensure that copies of the complaints procedure are made available at such other places and by such other means as the Commissioner considers appropriate. 5 The Commissioner must ensure that the arrangements for inspecting and gaining access to copies of the complaints procedure are published in such a way as to bring those arrangements to the attention of persons whom the Commissioner thinks likely to have an interest in the procedure. Register of interests 13 1 The Commissioner must create and maintain a register containing all of the Commissioner's and the Deputy Commissioner's registrable interests. 2 For the purposes of this paragraph and paragraphs 14 and 15— a “ registrable interests ” means any interests specified as such by the Welsh Ministers in regulations (and this may include interests of persons with whom the Commissioner or Deputy Commissioner has a connection whether familial, financial or of any other kind); b “ interest ” means an interest of any kind (including gifts, hospitality, donations received, other financial interests, and all activities and occupations). 3 The Commissioner must keep the register of interests up to date. 14 1 The Commissioner must— a make a copy of the register of interests available for inspection at the Commissioner's office, and b ensure that copies of the register are made available at such other places and by such other means as the Commissioner considers appropriate. 2 The Commissioner must ensure that the arrangements for inspecting and gaining access to copies of the register of interests are published in such a way as to bring those arrangements to the attention of persons whom the Commissioner thinks likely to have an interest in the register. Conflicts of interest 15 1 The Commissioner must not exercise a function if the Commissioner has a registrable interest that relates to the exercise of the function. 2 If that prevents the Commissioner from exercising a function, the Commissioner must delegate that function (so far as necessary to enable it to be exercised) to a member of the Commissioner's staff. 3 This paragraph applies to the Deputy Commissioner exercising a function of the Commissioner under paragraph 11 as it applies to the Commissioner. Payments by the Welsh Ministers 16 The Welsh Ministers may pay the Commissioner such amounts, at such times and on such conditions (if any), as they think appropriate in respect of expenditure incurred in carrying out the functions of Commissioner. Annual reports 17 1 The Commissioner must produce a report in relation to each financial year (an “annual report”). 2 The Commissioner's first financial year is the period beginning on the day the first appointment to the office of Commissioner is made under section 17 and ending on the following 31 March. 3 An annual report must include— a a summary of the action taken in that financial year in the exercise of the Commissioner's functions; b an analysis of the effectiveness of that action in enabling the general duty of the Commissioner to be fulfilled (see section 18); c a summary of the Commissioner's work programme for that financial year; d the Commissioner's proposals for a work programme for the following financial year; e a summary of the complaints made in accordance with the procedure established under paragraph 12. 4 An annual report may include— a the Commissioner's assessment of the improvements that public bodies should make in order to meet their well-being objectives in accordance with the sustainable development principle; b any other information the Commissioner considers appropriate. 5 In preparing an annual report, the Commissioner must consult— a the advisory panel, and b any other person the Commissioner considers appropriate. 6 The Commissioner must publish the annual report no later than 31 August in the following financial year. 7 The Commissioner must send a copy of each annual report to the Welsh Ministers. 8 The Welsh Ministers must lay a copy of each annual report sent to them before the National Assembly. Accounting officer 18 1 The Commissioner is the accounting officer for the office of the Commissioner. 2 The accounting officer has, in relation to the accounts and the finances of the Commissioner, the responsibilities that are from time to time specified by the Treasury. 3 In this paragraph references to responsibilities include— a responsibilities in relation to the signing of accounts; b responsibilities for the propriety and regularity of the finances of the Commissioner; c responsibilities for the economy, efficiency and effectiveness with which the resources of the Commissioner are used. 4 The responsibilities that may be specified under this paragraph include responsibilities owed to— a the National Assembly, the Welsh Ministers or the Public Accounts Committee of the National Assembly; b the House of Commons or the Committee of Public Accounts of that House. 5 If requested to do so by the Committee of Public Accounts of the House of Commons (“ the Commons Committee ”), the Public Accounts Committee of the National Assembly may— a take evidence on behalf of the Commons Committee from the accounting officer, b report to the Commons Committee on the evidence taken, and c transmit to the Commons Committee the evidence taken. 6 Section 13 of the National Audit Act 1983 (c.44) (interpretation of references to the House of Commons Committee of Public Accounts) applies for the purposes of this paragraph as it applies for the purposes of that Act. Estimates 19 1 For each financial year other than the first, the Commissioner must prepare an estimate of the income and expenses of the Commissioner and the Commissioner's staff. 2 The Commissioner must submit the estimate to the Welsh Ministers at least five months before the beginning of the financial year to which it relates. 3 The Welsh Ministers must examine an estimate submitted to them in accordance with this paragraph and must then lay the estimate before the National Assembly with any modifications they think appropriate. Accounts 20 1 The Commissioner must— a keep proper accounting records; b prepare accounts in respect of each financial year in accordance with directions given, with the consent of the Treasury, by the Welsh Ministers. 2 The directions that the Welsh Ministers may give under this paragraph include directions as to— a the information to be contained in the accounts and the manner in which the accounts are to be presented; b the methods and principles in accordance with which the accounts are to be prepared; c any additional information that is to accompany the accounts. 3 The Welsh Ministers may vary or revoke a direction they have given under this paragraph. Audit 21 1 The Commissioner must submit the accounts prepared for a financial year to the Auditor General for Wales no later than 31 August in the following financial year. 2 The Auditor General must— a examine, certify and report on accounts submitted under this paragraph, and b no later than four months after the accounts are submitted, lay a copy of the certified accounts and the report on them before the National Assembly. 3 In examining accounts submitted under this paragraph, the Auditor General must not certify the accounts unless satisfied that the expenditure to which the accounts relate has been incurred lawfully and in accordance with the authority that governs it. Examinations into the use of resources 22 1 The Auditor General for Wales may carry out examinations into the economy, efficiency and effectiveness with which resources have been used in discharging the Commissioner's functions. 2 But the Auditor General is not entitled to question the merits of the policy objectives of the Commissioner. 3 Before carrying out an examination under this paragraph, the Auditor General must— a consult the Public Accounts Committee of the National Assembly, and b take into account the views of the Committee as to whether or not an examination should be carried out. 4 The Auditor General must— a as soon as is reasonably practicable, publish a report of the results of an examination carried out under this paragraph, and b lay a copy of the report before the National Assembly. Seal and validity of documents 23 1 The Commissioner may have a seal. 2 A document purporting to be— a duly executed under the seal of the Commissioner, or b signed by or on behalf of the Commissioner, is to be received in evidence and, unless the contrary is proved, taken to be so executed or signed. SCHEDULE 3 PUBLIC SERVICES BOARDS: FURTHER PROVISION (as introduced by section 34) Quorum 1 The quorum of a public services board meeting is all of its members. First meeting 2 1 A public services board must hold a meeting no later than 60 days after the date on which the board is established. 2 The local authority must chair the first meeting of a board. Mandatory meetings 3 1 A public services board must hold a meeting no later than 60 days after the date of each ordinary election held under section 26 of the Local Government Act 1972 (c.70) (election of councillors). 2 The local authority must chair a meeting held under sub-paragraph (1). Terms of reference 4 1 At the first meeting, a public services board must agree its terms of reference. 2 The terms of reference must include— a the procedure to be followed at subsequent meetings insofar as not specified in this Act; b the proposed schedule of subsequent meetings; c the procedure for inviting persons to participate under section 30 insofar as not specified in this Act; d proposals relating to the manner in which the board intends to involve invited participants and its other partners; e proposals for involving persons who, in the opinion of the board, are interested in the improvement of the area's economic, social, environmental and cultural well-being (in addition to consulting such persons in accordance with sections 38(1)(k) and 43(1)(k)); f proposals for the establishment of one or more sub-groups including details of the functions to be exercised by any sub-group on behalf of the board (but see paragraph 6); g the procedure for resolving a disagreement between members relating to the exercise of the board's functions; h any other terms relating to the operation of the board that the members consider appropriate. 3 A public services board— a must review its terms of reference at each meeting held under paragraph 3(1), and b may review them at any other meeting. 4 Following a review, a public services board may amend its terms of reference. Administrative support 5 The local authority must make administrative support available to the public services board. Sub-groups and delegation 6 1 A sub-group of a public services board— a must include at least one member of the board, and b may include any invited participant or other partner. 2 A sub-group may exercise such of a board's functions as the board authorises in its terms of reference. 3 But those terms of reference may not authorise a sub-group— a to invite persons to participate under section 30; b to set, review or revise the board's local objectives; c to prepare or publish an assessment of well-being under section 37; d to consult under section 38 or to prepare a draft of an assessment under section 37 for the purposes of consulting; e to prepare or publish a local well-being plan; f to consult under section 43 or to prepare a draft of a local well-being plan for the purposes of consulting; g to review or amend a local well-being plan or to publish an amended local well-being plan; h to consult under section 44 or 47 ; i to agree that the board— i merges with another public services board under section 47(1), ia if the board is a merged board under section 47, demerges or partially demerges under section 47(7), or ii collaborates with another board under section 48(1). Representation at meetings 7 1 Each member of a public services board must be represented at a meeting by— a the individual specified in relation to that member in the following Table, or b such other individual as the individual referred to in paragraph (a) designates (but an elected mayor or executive leader of a local authority may only designate another member of the authority's executive). TABLE 2 Member Representative Local authority The elected mayor of the authority or the councillor elected as executive leader of the authority, and the authority's chief executive appointed under section 54 of the Local Government and Elections (Wales) Act 2021 . Local Health Board Whichever of the following the board designates— the chairman; the chief officer; both. Welsh fire and rescue authority Whichever of the following the authority designates— the chairman; the chief officer; both. The Natural Resources Body for Wales The chief executive 2 “Elected mayor” and “executive leader” each have the same meaning as in Part 2 of the Local Government Act 2000 (c.22). 3 An invited participant is to be represented at a meeting of a public services board by the individual designated by the participant. 4 A public services board may invite any of its other partners to attend a meeting of the board (or any part of such meeting). 5 Such other partner is to be represented at the meeting by the individual specified by the public services board in the invitation to the meeting. SCHEDULE 4 PUBLIC SERVICES BOARDS: CONSEQUENTIAL AMENDMENTS AND REPEALS (as introduced by section 46) Education Act 1997 (c.44) 1 In section 38(2A)(b) of the Education Act 1997, for the words “sections 25 and 26” substitute “ section 25 ” . Local Government Act 2000 (c.22) 2 The Local Government Act 2000 is amended as follows. 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 In section 21 (overview and scrutiny committees), in subsection (4), at the end insert “ or Part 4 of the Well-being of Future Generations (Wales) Act 2015 (anaw 2) ” . 6 In section 21B of that Act (duty of authority to respond to overview and scrutiny committee), after subsection (1) insert— 1A A report or recommendation to a public services board by virtue of section 35(1)(c) of the Well-being of Future Generations (Wales) Act 2015 (anaw 2) is not to be regarded for the purposes of this section as a report or recommendation to the local authority that is a member of the board. . Education Act 2002 (c.32) 7 In section 21(9) of the Education Act 2002 (general responsibility for conduct of school: definition of “relevant children and young person's plan”), for paragraph (b) substitute— b in relation to a school in Wales, a local well-being plan published under section 39 or 44(5) of the Well-being of Future Generations (Wales) Act 2015 (anaw 2) by a public services board of which the local authority is a member. . Planning and Compulsory Purchase Act 2004 (c.5) 8 Section 62 of the Planning and Compulsory Purchase Act 2004 (local development plan) is amended as follows. 9 In subsection (5)(d), for “community strategy” substitute “ local well-being plan ” . 10 For subsection (7) substitute— 7 A local well-being plan is relevant if it has been published under section 39 or 44(5) of the Well-being of Future Generations (Wales) Act 2015 (anaw 2) by— a in the case of an authority which is a county council or county borough council, the public services board of which that authority is a member; b in the case of an authority which is a National Park Authority, the public services board for an area that includes any part of that authority's area. . Children Act 2004 (c.31) 11 The Children Act 2004 is amended as follows. 12 In section 25 (co-operation to improve well-being: Wales), after subsection (9) insert— 9A Information about the arrangements a local authority in Wales makes under this section may be included in the local well-being plan published under section 39 or 44(5) of the Well-being of Future Generations (Wales) Act 2015 (anaw 2) by the public services board of which the local authority is a member. . 13 Section 26 (children and young people's plans: Wales) is repealed. 14 In section 27— a in subsection (1)(a), for the words “sections 25 and 26” substitute “ section 25 ” ; b in subsection (1)(b), for “those sections” substitute “ that section ” ; c the section heading becomes “ Responsibility for functions under section 25 ” . 15 In section 30(2)(a) (inspection of functions under Part 3), the words “or 26” are repealed. 16 In section 50A(2)(c) (intervention - Wales), the words “, 26” are repealed. 17 Section 66(7) (procedure for regulations under section 26) is repealed. Government of Wales Act 2006 (c.32) 18 In paragraph 35(4) of Schedule 11 to the Government of Wales Act 2006 (procedures relating to certain pre-commencement powers to make subordinate legislation), in Table 2 the entries relating to sections 26(2)(f) and (4) of the Children Act 2004 are repealed. National Health Service (Wales) Act 2006 (c.42) 19 Section 40 of the National Health Service (Wales) Act 2006 (health and well-being strategies in Wales) is repealed. Local Government (Wales) Measure 2009 (nawm 2) 20 The Local Government (Wales) Measure 2009 is amended as follows. 21 Part 2 (Community strategies and planning) is repealed. 22 Sections 48(2)(b), 50(5)(c) and 51(3) are repealed. 23 Schedule 3 is repealed. Children and Families (Wales) Measure 2010 (nawm 1) 24 The Children and Families (Wales) Measure 2010 is amended as follows. 25 In section 2(8), the words “and section 26 of the Children Act 2004 (c. 31)” are repealed. 26 In section 4 (strategies prepared by local authorities)— a in subsection (1), for the words “by the authority of a plan under section 26 of the Children Act 2004 (c. 31)” substitute “ of a local well-being plan under section 39 or 44(5) of the Well-being of Future Generations (Wales) Act 2015 (anaw 2) by the public services board of which the authority is a member, but only if the authority's strategy is an integral part of that plan ” ; and b subsections (2) and (3) are repealed. 27 In section 5 (strategies prepared by other Welsh authorities)— a subsection (4) is repealed; and b in subsection (5), for the words from “plan” to the end of the subsection substitute “ local well-being plan published under section 39 or 44(5) of the Well-being of Future Generations (Wales) Act 2015 (anaw 2) by each public services board for a local authority area in which the Welsh authority exercises functions. ” . Mental Health (Wales) Measure 2010 (nawm 7) 28 The Mental Health (Wales) Measure 2010 is amended as follows. 29 In section 2 (joint schemes for the provision of local primary mental health support services), after subsection (2) insert— 2A A scheme may be recorded by including it within a local well-being plan published under section 39 or 44(5) of the Well-being of Future Generations (Wales) Act 2015 (anaw 2) by a public services board of which each of the partners is a member. . 30 Section 11 (amendment of the Children Act 2004) is repealed. Local Government (Wales) Measure 2011 (nawm 4) 31 Section 128 of the Local Government Wales Measure 2011 (transitional provision relating to community councils' powers to promote well-being) is repealed. Public Audit (Wales) Act 2013 (anaw 3) 32 In section 23 of the Public Audit (Wales) Act 2013 (general provision about fees), after subsection (3)(c) insert— ca an examination under section 15 of the Well-being of Future Generations (Wales) Act 2015 (anaw 2) (examinations of public bodies for the purposes of assessing the extent to which a body has acted in accordance with the sustainable development principle); . Social Services and Well-being (Wales) Act 2014 (anaw 4) 33 In section 14 of the Social Services and Well-being (Wales) Act 2014 (assessment of needs for care and support, support for carers and preventative services) subsections (3) and (4) are repealed. 34 After that section insert— Plans following assessments of needs under section 14 14A 1 In this section, “ relevant body ” means a local authority or Local Health Board which has carried out a joint assessment under section 14(1). 2 Each relevant body must prepare and publish a plan setting out— a the range and level of services the body proposes to provide, or arrange to be provided, in response to the assessment of needs under paragraphs (a) to (c) of section 14(1); b in the case of a local authority, the range and level of services the authority proposes to provide, or arrange to be provided, in seeking to achieve the purposes in section 15(2) (preventative services); c in the case of a Local Health Board, anything the Board proposes to do in connection with its duty under section 15(5) (Local Health Boards to have regard to the importance of preventative action when exercising functions); d how the services set out in the plan are to be provided, including the actions the body proposes to take to provide, or arrange to provide, the services through the medium of Welsh; e any other action the body proposes to take in response to the assessment under section 14(1); f the details of anything the body proposes to do in response to the assessment jointly with another relevant body; g the resources to be deployed in doing the things set out in the plan. 3 A relevant body's plan may be published by including it within a local well-being plan published under section 39 or 44(5) of the Well-being of Future Generations (Wales) Act 2015 (the “ 2015 Act ”) by a public services board of which the body is a member. 4 A local authority and a Local Health Board who have carried out a joint assessment together under section 14(1) may jointly prepare and publish a plan under subsection (2). 5 Two or more local authorities may jointly prepare and publish a plan under subsection (2); but such a joint plan may be published by including it within a local well-being plan only if each local authority is a member of the public services board (see sections 47 and 49 of the 2015 Act (merging of public services boards)). 6 A relevant body must submit to the Welsh Ministers— a any part of a plan it has prepared under subsection (2) which relates to the health and well-being of carers; b any other part of such a plan as may be specified by regulations. 7 Regulations may make provision about plans prepared and published under subsection (2), including provision— a specifying when a plan is to be published; b about reviewing a plan; c about consulting persons when preparing or reviewing a plan; d about the monitoring and evaluation of services and other action set out in a plan. . Violence against Women, Domestic Abuse and Sexual Violence (Wales) Act 2015 (anaw x) 35 In section 5 of the Violence against Women, Domestic Abuse and Sexual Violence (Wales) Act 2015 (publication and review of local strategies), after subsection (5) insert— 5A A local strategy or revised strategy may be published by including it within a local well-being plan published under section 39 or 44(5) of the Well-being of Future Generations (Wales) Act 2015 (anaw 2) by a public services board of which both the local authority and the Local Health Board is a member. . S. 23 partly in force; s. 23 in force for specified purposes at 30.4.2015, see s. 56(1)(b) S. 33 partly in force; s. 33 in force for specified purposes at 30.4.2015, see s. 56(1)(b) S. 40 partly in force; s. 40 in force for specified purposes at 30.4.2015, see s. 56(1)(b) S. 50 partly in force; s. 50 in force for specified purposes at 30.4.2015, see s. 56(1)(b) S. 52 partly in force; s. 52 in force for specified purposes at 30.4.2015, see s. 56(1)(b) S. 22(2) in force at 16.10.2015 by S.I. 2015/1785 , art. 2(f) S. 22(3) in force at 16.10.2015 by S.I. 2015/1785 , art. 2(g) S. 40(7) in force at 16.10.2015 by S.I. 2015/1785 , art. 2(k) S. 40(8) in force at 16.10.2015 by S.I. 2015/1785 , art. 2(l) S. 1 in force at 16.10.2015 by S.I. 2015/1785 , art. 2(a) S. 6 in force at 16.10.2015 by S.I. 2015/1785 , art. 2(b) S. 10 in force at 16.10.2015 by S.I. 2015/1785 , art. 2(c) S. 14 in force at 16.10.2015 by S.I. 2015/1785 , art. 2(d) S. 17 in force at 16.10.2015 by S.I. 2015/1785 , art. 2(e) S. 26 in force at 16.10.2015 by S.I. 2015/1785 , art. 2(h) S. 27 in force at 16.10.2015 by S.I. 2015/1785 , art. 2(i) S. 28 in force at 16.10.2015 by S.I. 2015/1785 , art. 2(j) S. 51 in force at 16.10.2015 by S.I. 2015/1785 , art. 2(m) S. 52 in force at 16.10.2015 by S.I. 2015/1785 , art. 2(n) Sch. 2 para. 18 in force at 16.10.2015 by S.I. 2015/1785 , art. 2(o) Sch. 2 para. 1 in force at 16.10.2015 by S.I. 2015/1785 , art. 2(o) Sch. 2 para. 2 in force at 16.10.2015 by S.I. 2015/1785 , art. 2(o) Sch. 2 para. 3 in force at 16.10.2015 by S.I. 2015/1785 , art. 2(o) Sch. 2 para. 4 in force at 16.10.2015 by S.I. 2015/1785 , art. 2(o) Sch. 2 para. 5 in force at 16.10.2015 by S.I. 2015/1785 , art. 2(o) Sch. 2 para. 6 in force at 16.10.2015 by S.I. 2015/1785 , art. 2(o) Sch. 2 para. 7 in force at 16.10.2015 by S.I. 2015/1785 , art. 2(o) Sch. 2 para. 8 in force at 16.10.2015 by S.I. 2015/1785 , art. 2(o) Sch. 2 para. 9 in force at 16.10.2015 by S.I. 2015/1785 , art. 2(o) Sch. 2 para. 10 in force at 16.10.2015 by S.I. 2015/1785 , art. 2(o) Sch. 2 para. 11 in force at 16.10.2015 by S.I. 2015/1785 , art. 2(o) Sch. 2 para. 12 in force at 16.10.2015 by S.I. 2015/1785 , art. 2(o) Sch. 2 para. 13 in force at 16.10.2015 by S.I. 2015/1785 , art. 2(o) Sch. 2 para. 14 in force at 16.10.2015 by S.I. 2015/1785 , art. 2(o) Sch. 2 para. 15 in force at 16.10.2015 by S.I. 2015/1785 , art. 2(o) Sch. 2 para. 16 in force at 16.10.2015 by S.I. 2015/1785 , art. 2(o) Sch. 2 para. 17 in force at 16.10.2015 by S.I. 2015/1785 , art. 2(o) Sch. 2 para. 19 in force at 16.10.2015 by S.I. 2015/1785 , art. 2(o) Sch. 2 para. 20 in force at 16.10.2015 by S.I. 2015/1785 , art. 2(o) Sch. 2 para. 21 in force at 16.10.2015 by S.I. 2015/1785 , art. 2(o) Sch. 2 para. 22 in force at 16.10.2015 by S.I. 2015/1785 , art. 2(o) Sch. 2 para. 23 in force at 16.10.2015 by S.I. 2015/1785 , art. 2(o) S. 15(2)(3)(6)(a) modified (23.11.2015) by The Well-being of Future Generations (Wales) Act 2015 (Consequential Provisions) Regulations 2015 (No. 1924) , regs. 1(2) , 3 Sch. 2 para. 19(2) modified (23.11.2015) by The Well-being of Future Generations (Wales) Act 2015 (Consequential Provisions) Regulations 2015 (No. 1924) , regs. 1(2) , 4 S. 18 in force at 1.2.2016 by S.I. 2016/86 , art. 2 S. 19 in force at 1.2.2016 by S.I. 2016/86 , art. 2 S. 20 in force at 1.2.2016 by S.I. 2016/86 , art. 2 S. 21 in force at 1.2.2016 by S.I. 2016/86 , art. 2 S. 22(1) (4) in force at 1.2.2016 by S.I. 2016/86 , art. 2 S. 23 in force at 1.2.2016 by S.I. 2016/86 , art. 2 S. 24 in force at 1.2.2016 by S.I. 2016/86 , art. 2 S. 25 in force at 1.2.2016 by S.I. 2016/86 , art. 2 S. 16 in force at 1.4.2016 by S.I. 2016/86 , art. 3 S. 43 in force at 1.4.2016 by S.I. 2016/86 , art. 3 S. 2 in force at 1.4.2016 by S.I. 2016/86 , art. 3 S. 3 in force at 1.4.2016 by S.I. 2016/86 , art. 3 S. 4 in force at 1.4.2016 by S.I. 2016/86 , art. 3 S. 5 in force at 1.4.2016 by S.I. 2016/86 , art. 3 S. 7 in force at 1.4.2016 by S.I. 2016/86 , art. 3 S. 8 in force at 1.4.2016 by S.I. 2016/86 , art. 3 S. 11 in force at 1.4.2016 by S.I. 2016/86 , art. 3 S. 12 in force at 1.4.2016 by S.I. 2016/86 , art. 3 S. 13 in force at 1.4.2016 by S.I. 2016/86 , art. 3 S. 15 in force at 1.4.2016 by S.I. 2016/86 , art. 3 S. 29 in force at 1.4.2016 by S.I. 2016/86 , art. 3 S. 30 in force at 1.4.2016 by S.I. 2016/86 , art. 3 S. 31 in force at 1.4.2016 by S.I. 2016/86 , art. 3 S. 32 in force at 1.4.2016 by S.I. 2016/86 , art. 3 S. 33 in force at 1.4.2016 by S.I. 2016/86 , art. 3 S. 34 in force at 1.4.2016 by S.I. 2016/86 , art. 3 S. 35 in force at 1.4.2016 by S.I. 2016/86 , art. 3 S. 36 in force at 1.4.2016 by S.I. 2016/86 , art. 3 S. 37 in force at 1.4.2016 by S.I. 2016/86 , art. 3 S. 38 in force at 1.4.2016 by S.I. 2016/86 , art. 3 S. 39 in force at 1.4.2016 by S.I. 2016/86 , art. 3 S. 41 in force at 1.4.2016 by S.I. 2016/86 , art. 3 S. 42 in force at 1.4.2016 by S.I. 2016/86 , art. 3 S. 44 in force at 1.4.2016 by S.I. 2016/86 , art. 3 S. 45 in force at 1.4.2016 by S.I. 2016/86 , art. 3 S. 46 in force at 1.4.2016 by S.I. 2016/86 , art. 3 S. 47 in force at 1.4.2016 by S.I. 2016/86 , art. 3 S. 48 in force at 1.4.2016 by S.I. 2016/86 , art. 3 S. 49 in force at 1.4.2016 by S.I. 2016/86 , art. 3 S. 50 in force at 1.4.2016 by S.I. 2016/86 , art. 3 Sch. 4 para. 18 in force at 1.4.2016 by S.I. 2016/86 , art. 3 Sch. 1 para. 3 in force at 1.4.2016 by S.I. 2016/86 , art. 3 Sch. 4 para. 1 in force at 1.4.2016 by S.I. 2016/86 , art. 3 Sch. 4 para. 5 in force at 1.4.2016 by S.I. 2016/86 , art. 3 Sch. 4 para. 6 in force at 1.4.2016 by S.I. 2016/86 , art. 3 Sch. 4 para. 7 in force at 1.4.2016 by S.I. 2016/86 , art. 3 Sch. 4 para. 9 in force at 1.4.2016 by S.I. 2016/86 , art. 3 Sch. 4 para. 10 in force at 1.4.2016 by S.I. 2016/86 , art. 3 Sch. 4 para. 12 in force at 1.4.2016 by S.I. 2016/86 , art. 3 Sch. 4 para. 13 in force at 1.4.2016 by S.I. 2016/86 , art. 3 Sch. 4 para. 14 in force at 1.4.2016 by S.I. 2016/86 , art. 3 Sch. 4 para. 15 in force at 1.4.2016 by S.I. 2016/86 , art. 3 Sch. 4 para. 16 in force at 1.4.2016 by S.I. 2016/86 , art. 3 Sch. 4 para. 17 in force at 1.4.2016 by S.I. 2016/86 , art. 3 Sch. 4 para. 19 in force at 1.4.2016 by S.I. 2016/86 , art. 3 Sch. 4 para. 21 in force at 1.4.2016 by S.I. 2016/86 , art. 3 Sch. 4 para. 22 in force at 1.4.2016 by S.I. 2016/86 , art. 3 Sch. 4 para. 23 in force at 1.4.2016 by S.I. 2016/86 , art. 3 Sch. 4 para. 25 in force at 1.4.2016 by S.I. 2016/86 , art. 3 Sch. 4 para. 26 in force at 1.4.2016 by S.I. 2016/86 , art. 3 Sch. 4 para. 27 in force at 1.4.2016 by S.I. 2016/86 , art. 3 Sch. 4 para. 29 in force at 1.4.2016 by S.I. 2016/86 , art. 3 Sch. 4 para. 30 in force at 1.4.2016 by S.I. 2016/86 , art. 3 Sch. 4 para. 31 in force at 1.4.2016 by S.I. 2016/86 , art. 3 Sch. 4 para. 32 in force at 1.4.2016 by S.I. 2016/86 , art. 3 Sch. 4 para. 33 in force at 1.4.2016 by S.I. 2016/86 , art. 3 Sch. 4 para. 35 in force at 1.4.2016 by S.I. 2016/86 , art. 3 Sch. 1 para. 1 in force at 1.4.2016 by S.I. 2016/86 , art. 3 Sch. 1 para. 2 in force at 1.4.2016 by S.I. 2016/86 , art. 3 Sch. 3 para. 1 in force at 1.4.2016 by S.I. 2016/86 , art. 3 Sch. 3 para. 2 in force at 1.4.2016 by S.I. 2016/86 , art. 3 Sch. 3 para. 3 in force at 1.4.2016 by S.I. 2016/86 , art. 3 Sch. 3 para. 4 in force at 1.4.2016 by S.I. 2016/86 , art. 3 Sch. 3 para. 5 in force at 1.4.2016 by S.I. 2016/86 , art. 3 Sch. 3 para. 6 in force at 1.4.2016 by S.I. 2016/86 , art. 3 Sch. 3 para. 7 in force at 1.4.2016 by S.I. 2016/86 , art. 3 Sch. 4 para. 2 in force at 1.4.2016 by S.I. 2016/86 , art. 3 Sch. 4 para. 8 in force at 1.4.2016 by S.I. 2016/86 , art. 3 Sch. 4 para. 11 in force at 1.4.2016 by S.I. 2016/86 , art. 3 Sch. 4 para. 20 in force at 1.4.2016 by S.I. 2016/86 , art. 3 Sch. 4 para. 24 in force at 1.4.2016 by S.I. 2016/86 , art. 3 Sch. 4 para. 28 in force at 1.4.2016 by S.I. 2016/86 , art. 3 S. 40(1)-(6) in force at 1.4.2016 by S.I. 2016/86 , art. 3 Sch. 4 para. 34 in force at 6.4.2016 by S.I. 2016/86 , art. 4 Words in s. 11(3) substituted (21.5.2016) by Environment (Wales) Act 2016 (anaw 3) , s. 88(2)(a) , Sch. 2 para. 10(2) S. 38(3)(ga) inserted (21.5.2016) by Environment (Wales) Act 2016 (anaw 3) , s. 88(2)(a) , Sch. 2 para. 10(3) S. 25(1)(d) inserted (23.7.2019) by Public Services Ombudsman (Wales) Act 2019 (anaw 3) , s. 77(1) , Sch. 5 para. 5 ; S.I. 2019/1096 , reg. 2 S. 39(6) omitted (20.3.2021) by virtue of Local Government and Elections (Wales) Act 2021 (asc 1) , s. 175(3)(q) , Sch. 14 para. 1(4)(a) Word in s. 39(7) substituted (20.3.2021) by Local Government and Elections (Wales) Act 2021 (asc 1) , s. 175(3)(q) , Sch. 14 para. 1(4)(b)(i) Words in s. 39(7) substituted (20.3.2021) by Local Government and Elections (Wales) Act 2021 (asc 1) , s. 175(3)(q) , Sch. 14 para. 1(4)(b)(ii) S. 47(3) omitted (20.3.2021) by virtue of Local Government and Elections (Wales) Act 2021 (asc 1) , ss. 165(2) , 175(3)(q) S. 47(5)-(13) inserted (20.3.2021) by Local Government and Elections (Wales) Act 2021 (asc 1) , ss. 165(3) , 175(3)(q) Words in s. 47 heading substituted (20.3.2021) by Local Government and Elections (Wales) Act 2021 (asc 1) , s. 175(3)(q) , Sch. 14 para. 1(5) S. 49(3) inserted (20.3.2021) by Local Government and Elections (Wales) Act 2021 (asc 1) , s. 175(3)(q) , Sch. 14 para. 1(6)(b) Word in s. 49 heading inserted (20.3.2021) by Local Government and Elections (Wales) Act 2021 (asc 1) , s. 175(3)(q) , Sch. 14 para. 1(6)(c) Words in s. 49(1) inserted (20.3.2021) by Local Government and Elections (Wales) Act 2021 (asc 1) , s. 175(3)(q) , Sch. 14 para. 1(6)(a)(i) Words in s. 49(1) inserted (20.3.2021) by Local Government and Elections (Wales) Act 2021 (asc 1) , s. 175(3)(q) , Sch. 14 para. 1(6)(a)(ii) Words in s. 55 substituted (20.3.2021) by Local Government and Elections (Wales) Act 2021 (asc 1) , s. 175(3)(q) , Sch. 14 para. 1(7) Words in Sch. 3 para. 6(3)(h) inserted (20.3.2021) by Local Government and Elections (Wales) Act 2021 (asc 1) , s. 175(3)(q) , Sch. 14 para. 1(8)(a) Sch. 3 para. 6(3)(ia) inserted (20.3.2021) by Local Government and Elections (Wales) Act 2021 (asc 1) , s. 175(3)(q) , Sch. 14 para. 1(8)(b) Words in s. 1(4)(f) inserted (20.3.2021) by Local Government and Elections (Wales) Act 2021 (asc 1) , s. 175(3)(q) , Sch. 14 para. 1(2) Words in s. 37(2) omitted (20.3.2021) by virtue of Local Government and Elections (Wales) Act 2021 (asc 1) , s. 175(3)(q) , Sch. 14 para. 1(3) Sch. 1 para. 1(2A) inserted (1.4.2021) by Local Government and Elections (Wales) Act 2021 (asc 1) , ss. 114 , 175(7) ; S.I. 2021/297 , reg. 2(b) Sch. 4 para. 3 omitted (1.11.2021) by virtue of Local Government and Elections (Wales) Act 2021 (asc 1) , s. 175(7) , Sch. 3 para. 7 ; S.I. 2021/231 , art. 4(c) Sch. 4 para. 4 omitted (1.11.2021) by virtue of Local Government and Elections (Wales) Act 2021 (asc 1) , s. 175(7) , Sch. 3 para. 7 ; S.I. 2021/231 , art. 4(c) S. 8A inserted (3.12.2021) by The Corporate Joint Committees (Amendment of the Well-being of Future Generations (Wales) Act 2015) Regulations 2021 (S.I. 2021/1360) , regs. 1(2) , 2(3) S. 6(1)(ba) inserted (3.12.2021) by The Corporate Joint Committees (Amendment of the Well-being of Future Generations (Wales) Act 2015) Regulations 2021 (S.I. 2021/1360) , regs. 1(2) , 2(2) Words in s. 9(1) inserted (3.12.2021) by The Corporate Joint Committees (Amendment of the Well-being of Future Generations (Wales) Act 2015) Regulations 2021 (S.I. 2021/1360) , regs. 1(2) , 2(4) Words in s. 55(1) inserted (3.12.2021) by The Corporate Joint Committees (Amendment of the Well-being of Future Generations (Wales) Act 2015) Regulations 2021 (S.I. 2021/1360) , regs. 1(2) , 2(5) Words in Sch. 3 para. 7 substituted (5.5.2022) by Local Government and Elections (Wales) Act 2021 (asc 1) , s. 175(7) , Sch. 5 para. 19 ; S.I. 2021/231 , art. 6(s) Sch. 1 para. 1(2B) inserted (15.7.2022) by The Corporate Joint Committees (General) (No. 2) (Wales) Regulations 2022 (S.I. 2022/797) , regs. 1(2) , 23 S. 32(1)(c) omitted (1.4.2023) by virtue of Health and Social Care (Quality and Engagement) (Wales) Act 2020 (asc 1) , s. 29(2) , Sch. 3 para. 12(a) ; S.I. 2023/370 , art. 3(1)(t) S. 32(1)(ba) inserted (1.4.2023) by Health and Social Care (Quality and Engagement) (Wales) Act 2020 (asc 1) , s. 29(2) , Sch. 3 para. 12(b) ; S.I. 2023/370 , art. 3(1)(t) Words in s. 9(6) substituted (29.7.2023) by Social Partnership and Public Procurement (Wales) Act 2023 (asc 1) , ss. 47 , 48(1) ; S.I. 2023/794 , art. 2(n) Words in s. 4 Table 1 substituted (1.4.2024) by Social Partnership and Public Procurement (Wales) Act 2023 (asc 1) , ss. 20 , 48(1) ; S.I. 2023/794 , art. 3(d) S. 15 modified (temp.) (30.6.2024) by The Well-being of Future Generations (Wales) Act 2015 (Public Bodies) (Amendment) Regulations 2024 (S.I. 2024/775) , regs. 1(2) , 4 S. 9(2)(a) modified (30.6.2024) by The Well-being of Future Generations (Wales) Act 2015 (Public Bodies) (Amendment) Regulations 2024 (S.I. 2024/775) , regs. 1(2) , 3 S. 6(1)(da) inserted (30.6.2024) by The Well-being of Future Generations (Wales) Act 2015 (Public Bodies) (Amendment) Regulations 2024 (S.I. 2024/775) , regs. 1(2) , 2(3) S. 6(1)(m)-(q) inserted (30.6.2024) by The Well-being of Future Generations (Wales) Act 2015 (Public Bodies) (Amendment) Regulations 2024 (S.I. 2024/775) , regs. 1(2) , 2(4) S. 6(1)(d)(iii) inserted (30.6.2024) by The Well-being of Future Generations (Wales) Act 2015 (Public Bodies) (Amendment) Regulations 2024 (S.I. 2024/775) , regs. 1(2) , 2(2) S. 9(2)(a) modified (1.8.2024) by The Tertiary Education and Research (Wales) Act 2022 (Commencement No. 4 and Transitory and Transitional Provisions) Order 2024 (S.I. 2024/806) , art. 43 (with art. 28 ) Words in s. 6(1)(h) substituted (1.8.2024) by Tertiary Education and Research (Wales) Act 2022 (asc 1) , s. 148(2) , Sch. 4 para. 32(2) (with s. 19 ); S.I. 2024/806 , art. 10(1) (with arts. 10(2) , 28 ) S. 32(1)(e) substituted (1.8.2024) by Tertiary Education and Research (Wales) Act 2022 (asc 1) , s. 148(2) , Sch. 4 para. 32(3) (with s. 19 ); S.I. 2024/806 , art. 10(1) (with arts. 10(2) , 28 ) S. 9 in force at 1.4.2016 by S.I. 2016/86 , art. 3
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[uk-legislation-anaw][anaw] 2024-10-01
http://www.legislation.gov.uk/anaw/2015/1/2024-08-01
http://www.legislation.gov.uk/anaw/2015/1/2024-08-01 Higher Education (Wales) Act 2015 An Act of the National Assembly for Wales to make provision about student fees payable to certain institutions providing higher education; to make provision about the quality of education provided by and on behalf of those institutions and about their financial management; and for connected purposes. text text/xml en Statute Law Database 2024-09-16 Expert Participation 2024-08-01 Higher Education (Wales) Act 2015 Deddf Addysg Uwch (Cymru) 2015 s. 1 The Tertiary Education and Research (Wales) Act 2022 (Commencement No. 5 and Transitory and Transitional Provisions) Order 2025 Gorchymyn Deddf Addysg Drydyddol ac Ymchwil (Cymru) 2022 (Cychwyn Rhif 5 a Darpariaethau Darfodol a Throsiannol) 2025 art. 11 art. 13 - 18 Higher Education (Wales) Act 2015 Deddf Addysg Uwch (Cymru) 2015 Pt. 3 The Tertiary Education and Research (Wales) Act 2022 (Commencement No. 5 and Transitory and Transitional Provisions) Order 2025 Gorchymyn Deddf Addysg Drydyddol ac Ymchwil (Cymru) 2022 (Cychwyn Rhif 5 a Darpariaethau Darfodol a Throsiannol) 2025 art. 12 art. 13 - 18 Higher Education (Wales) Act 2015 Deddf Addysg Uwch (Cymru) 2015 Pt. 4 The Tertiary Education and Research (Wales) Act 2022 (Commencement No. 5 and Transitory and Transitional Provisions) Order 2025 Gorchymyn Deddf Addysg Drydyddol ac Ymchwil (Cymru) 2022 (Cychwyn Rhif 5 a Darpariaethau Darfodol a Throsiannol) 2025 art. 12 art. 13 - 18 Higher Education (Wales) Act 2015 Deddf Addysg Uwch (Cymru) 2015 s. 37(3)(d) (e) The Tertiary Education and Research (Wales) Act 2022 (Commencement No. 5 and Transitory and Transitional Provisions) Order 2025 Gorchymyn Deddf Addysg Drydyddol ac Ymchwil (Cymru) 2022 (Cychwyn Rhif 5 a Darpariaethau Darfodol a Throsiannol) 2025 art. 12 art. 13 - 18 Higher Education (Wales) Act 2015 Deddf Addysg Uwch (Cymru) 2015 s. 39(2)(c) (d) The Tertiary Education and Research (Wales) Act 2022 (Commencement No. 5 and Transitory and Transitional Provisions) Order 2025 Gorchymyn Deddf Addysg Drydyddol ac Ymchwil (Cymru) 2022 (Cychwyn Rhif 5 a Darpariaethau Darfodol a Throsiannol) 2025 art. 12 art. 13 - 18 Higher Education (Wales) Act 2015 Deddf Addysg Uwch (Cymru) 2015 s. 52(5)(c) - (f) The Tertiary Education and Research (Wales) Act 2022 (Commencement No. 5 and Transitory and Transitional Provisions) Order 2025 Gorchymyn Deddf Addysg Drydyddol ac Ymchwil (Cymru) 2022 (Cychwyn Rhif 5 a Darpariaethau Darfodol a Throsiannol) 2025 art. 12 art. 13 - 18 Higher Education (Wales) Act 2015 Deddf Addysg Uwch (Cymru) 2015 s. 52(5)(g) The Tertiary Education and Research (Wales) Act 2022 (Commencement No. 5 and Transitory and Transitional Provisions) Order 2025 Gorchymyn Deddf Addysg Drydyddol ac Ymchwil (Cymru) 2022 (Cychwyn Rhif 5 a Darpariaethau Darfodol a Throsiannol) 2025 art. 12 art. 13 - 18 Higher Education (Wales) Act 2015 Deddf Addysg Uwch (Cymru) 2015 s. 52(5)(h) The Tertiary Education and Research (Wales) Act 2022 (Commencement No. 5 and Transitory and Transitional Provisions) Order 2025 Gorchymyn Deddf Addysg Drydyddol ac Ymchwil (Cymru) 2022 (Cychwyn Rhif 5 a Darpariaethau Darfodol a Throsiannol) 2025 art. 12 art. 13 - 18 Higher Education (Wales) Act 2015 2015 anaw 1 An Act of the National Assembly for Wales to make provision about student fees payable to certain institutions providing higher education; to make provision about the quality of education provided by and on behalf of those institutions and about their financial management; and for connected purposes. [12 March 2015] Having been passed by the National Assembly for Wales and having received the assent of Her Majesty, it is enacted as follows: PART 1 INTRODUCTION Overview of this Act 1 1 This Act has eight Parts. 2 This Part contains an overview of the Act. 3 Part 2 makes provision about fee and access plans. It deals with— a the contents of a fee and access plan, including a fee limit; b failure to comply with a fee limit or other requirement included in a fee and access plan; c the validity of certain contracts; d the monitoring of fee and access plans. 4 Part 3 makes provision about the assessment of the quality of education provided by or on behalf of institutions that have a fee and access plan, including provision about— a powers available for the purposes of assessment; b steps that may be taken by HEFCW in respect of education of inadequate quality. 5 Part 4 makes provision about the preparation and publication of a code relating to the organisation and management of the financial affairs of institutions that have a fee and access plan, including provision about— a compliance with the code; b powers available for the purposes of monitoring compliance with the code, and in the case of failure to comply with the code. 6 Part 5 makes provision for circumstances in which— a HEFCW may refuse to approve a new fee and access plan for an institution; b HEFCW must, or may, withdraw their approval of an institution's fee and access plan. 7 Part 6 makes procedural provision about notices and directions given by HEFCW (including provision about the review of certain notices and directions). 8 Part 7 makes supplementary provision about functions of HEFCW, including provision relating to guidance, reports, information and advice. 9 Part 8 contains general provisions, including provision about— a the exercise of powers to make regulations; b the interpretation of terms used in the Act. 10 That Part also introduces a Schedule containing amendments to existing enactments and transitional provision. PART 2 FEE AND ACCESS PLANS Application for approval of fee and access plan Application by institution for HEFCW's approval of fee and access plan 2 1 The governing body of an institution within subsection (3) may apply to HEFCW for HEFCW's approval of a proposed fee and access plan relating to the institution. 2 A fee and access plan is a plan that complies with sections 4 to 6. 3 An institution within this subsection is an institution in Wales that— a provides higher education, and b is a charity. 4 Regulations may make provision about the making of applications for approval of a fee and access plan. Designation of other providers of higher education 3 1 The Welsh Ministers may, on the application of a provider of higher education within subsection (2), designate the provider for the purposes of this section. 2 A provider of higher education within this subsection is one that— a provides higher education in Wales and is a charity, but b would not (but for the designation) be regarded as an institution for the purposes of this Act. 3 Subject to any provision made under subsection (4)(d), a provider of higher education designated under this section is, unless the designation is withdrawn, to be treated for the purposes of any provision made by or under this Act as being an institution. 4 Regulations may make provision about— a the making of applications for designation; b the making of designations under this section (including provision about matters to be taken into account in determining whether to make a designation); c the withdrawal of a designation (including provision about matters to be taken into account in determining whether to withdraw a designation); d the effect of a withdrawal of a designation (including provision for a provider whose designation is withdrawn to continue to be treated as an institution for prescribed purposes). Contents of fee and access plan Period to which plan relates 4 1 A fee and access plan relating to an institution must specify a period in respect of which it is to have effect. 2 The period specified must not exceed two years. 3 Regulations may amend subsection (2) to substitute a different period for the period for the time being mentioned in that subsection. 4 Before making regulations under subsection (3), the Welsh Ministers must consult— a HEFCW, b the governing body of each regulated institution, and c any other persons they think appropriate. 5 References in this Act to the period to which a plan relates are to the period specified in it under this section. Fee limit 5 1 A fee and access plan relating to an institution must— a specify, or b provide for the determination of, a fee limit, in relation to each qualifying course and in respect of each relevant academic year (and for this purpose may specify, or provide for the determination of, different fee limits in relation to different courses and in respect of different relevant academic years). 2 For this purpose— a a fee limit, in relation to a course, is a limit that the fees payable to the institution by a qualifying person, in connection with the person's undertaking the course, may not exceed; b a qualifying course is a course, of any prescribed description, that is wholly or principally provided in Wales; c a relevant academic year, in relation to a course, is an academic year that is applicable to the course, and in respect of which fees are payable to the institution, and which begins within the period to which the fee and access plan relates. 3 Where a fee and access plan specifies a fee limit in relation to a year and course, the fee limit specified must not exceed whatever amount is prescribed for the purposes of this section (“the maximum amount”). 4 Where a fee and access plan provides for the determination of a fee limit in relation to a year and course, the plan must specify that the fee limit determined in accordance with the plan is not to exceed the maximum amount. 5 A qualifying person, for the purposes of subsection (2)(a), is a person who— a is not an international student, and b falls within any class of persons prescribed for the purposes of this section. 6 The power to prescribe a description of course under this section may not be exercised so as to prescribe a postgraduate course, unless it is a course of initial teacher training. 7 Nor may the power to prescribe a description of course under this section be exercised so as to discriminate— a in relation to courses of initial teacher training, between different courses on the basis of the subjects in which such training is given; b in relation to other courses, between different courses at the same or a comparable level on the basis of the areas of study or research to which they relate. 8 An international student is a person who does not fall within any class of persons prescribed under section 1 of the Education (Fees and Awards) Act 1983 (charging of higher fees in case of students not having prescribed connection with the United Kingdom) for the purposes of subsection (1) or (2) of that section. 9 Regulations may make provision for circumstances in which fees payable to a person, in connection with a qualifying person's undertaking a course, or part of a course, provided on behalf of an institution, are to be treated for the purposes of subsection (2)(a) as being payable to that institution in connection with the qualifying person's undertaking the course. Promotion of equality of opportunity and higher education 6 1 A fee and access plan relating to an institution must include such provisions relating to the promotion of equality of opportunity or the promotion of higher education as may be prescribed. 2 A fee and access plan may also include further provisions relating to the promotion of equality of opportunity or the promotion of higher education. 3 The provisions that may be prescribed under subsection (1) for inclusion in a plan include provisions requiring the governing body— a to take measures to attract applications from prospective students who are members of under-represented groups (or to secure the taking of such measures); b to take measures to retain students who are members of under-represented groups (or to secure the taking of such measures); c to provide financial assistance to students (or to secure the provision of such assistance); d to make available to students or prospective students information about financial assistance available to students from any source (or to secure that such information is made available). 4 The provisions that may be prescribed for inclusion in a plan also include provisions— a setting out objectives relating to the promotion of equality of opportunity and the promotion of higher education; b setting out information about expenditure in respect of those objectives; c relating to the monitoring by the governing body of— i compliance with the provisions of the plan; ii progress in achieving any objectives set out in the plan by virtue of paragraph (a). 5 But the power to prescribe provisions for inclusion in a fee and access plan may not be exercised so as to require a plan relating to an institution to include provision— a referring to particular courses or to the manner in which courses are taught, supervised or assessed, b relating to the criteria for the admission of students, or c requiring the institution to incur expenditure, in any academic year, of an amount exceeding the amount of the qualifying fee income of the institution that is attributable to that academic year. 6 For the purposes of this section— a the amount of the qualifying fee income of an institution that is attributable to an academic year is the aggregate amount of those fees payable to the institution, in respect of that academic year, in relation to which a fee limit applies that is specified in the fee and access plan relating to the institution, or for the determination of which the fee and access plan relating to the institution provides; b “ under-represented groups ”, in relation to a fee and access plan, are groups that, as at the date of the plan's approval under section 7, are under-represented in higher education. 7 References in this Act to the general requirements of a fee and access plan are to provisions included in the plan by virtue of this section which require the governing body of the institution to do (or not to do) specified things. Approval etc of fee and access plan Approval of fee and access plan 7 1 If an application for approval of a fee and access plan is made to HEFCW under section 2, HEFCW must by notice to the governing body concerned either— a approve the plan, or b reject the plan. 2 But HEFCW may not approve a plan unless satisfied that the institution to which it relates is within section 2(3). 3 Regulations may make provision about matters to be taken into account by HEFCW in making any determination in respect of approval or rejection of a plan under this section. 4 For the purposes of this Act, the period within which a fee and access plan relating to an institution and approved under this section is in force is the period beginning with the day of its approval under this section, and ending with the earlier of the following— a the day on which the period to which it relates expires; b if HEFCW's approval of it is withdrawn by notice given under section 38 or 39, the date of the notice. 5 In this Act— a references to an approved plan are to a fee and access plan relating to an institution that has been approved under this section and is currently in force; b references to a regulated institution are to an institution to which an approved plan relates (but see sections 26 and 27(8)). 6 This section is subject to section 37(5) (no approval of new fee and access plan). 7 For procedural provision about notice under subsection (1)(b), see sections 41 to 44. Publication of approved plan 8 1 Regulations may require the governing body of a regulated institution to publish the institution's approved plan. 2 The provision that may be made by regulations under this section includes provision about how and when a plan is to be published. Variation of approved plan 9 1 Regulations may make provision permitting the governing body of a regulated institution to vary the institution's approved plan. 2 The regulations must provide for a variation to take effect only if approved by HEFCW. 3 The regulations may make provision aboutthe making and determination of applications for approval of a variation. Compliance with fee limit Limits on student fees 10 1 The governing body of an institution within subsection (2) must ensure that regulated course fees do not exceed the applicable fee limit. 2 An institution is within this subsection if a fee and access plan relating to it has been approved under section 7 (whether or not that plan is still in force). 3 “Regulated course fees” are fees payable to the institution by a qualifying person— a in connection with the person's undertaking a qualifying course, and b in respect of an academic year applicable to that course, where that year begins at a time within the period specified under section 4 in the institution's most recent fee and access plan (whether or not the plan is still in force). 4 The institution's most recent fee and access plan is the fee and access plan most recently approved under section 7 in relation to the institution. 5 The applicable fee limit is— a in a case where the institution's most recent fee and access plan specifies a fee limit for the course and year in question, that limit; b in a case where the institution's most recent fee and access plan provides for the determination of a fee limit for the course and year in question, that limit as determined in accordance with the plan. Compliance and reimbursement directions 11 1 This section applies where HEFCW are satisfied that the governing body of an institution has failed to comply with section 10(1). 2 HEFCW may direct the governing body to do either or both of the following— a to comply with section 10(1); b to reimburse excess fees paid to the institution. 3 A direction under this section (a “compliance and reimbursement direction”) may specify— a steps that are (or are not) to be taken by the governing body for the purpose of compliance with section 10(1); b the manner in which reimbursement of excess fees is to be, or may be, effected. 4 If HEFCW give a direction under this section, they must— a give a copy of the direction to the Welsh Ministers; b publish the direction. 5 Regulations may make provision about how and when HEFCW are to comply with subsection (4). 6 “Excess fees” are regulated course fees, to the extent that those fees exceed the applicable fee limit (as quantified for the purposes of the duty under section 10(1) with which the governing body has failed to comply). Supplementary provision about compliance and reimbursement directions 12 1 HEFCW may issue guidance about steps to be taken for the purpose of complying with a compliance and reimbursement direction. 2 Before issuing guidance under this section HEFCW must consult the governing body of each regulated institution; and may consult the governing body of any other institution within section 2(3) as they think appropriate. 3 A governing body to which a compliance and reimbursement direction has been given must, in complying with the direction, take into account any guidance issued under this section. 4 For procedural provision about compliance and reimbursement directions, see sections 41 to 44. Compliance with general requirements of approved plan Directions in respect of failure to comply with general requirements of approved plan 13 1 If the condition in subsection (2) or (3) is met, HEFCW may give the governing body of an institution a direction within subsection (4). 2 The condition is that HEFCW are satisfied that— a there has been a failure by the governing body to comply with a general requirement of a fee and access plan relating to the institution, and b at the time of the failure, the fee and access plan was approved under section 7. 3 The condition is that HEFCW are satisfied that the governing body is likely to fail to comply with a general requirement of the institution's approved plan. 4 A direction within this subsection is a direction requiring the governing body to take (or not to take) specified steps for the purpose of dealing with or preventing the failure to comply. 5 But HEFCW may not give a direction under this section if they are satisfied that the governing body has taken all reasonable steps to comply with the requirement in question. 6 For procedural provision about directions under this section, see sections 41 to 44. Contracts Validity of contracts 14 1 This section applies to a contract that provides for the payment of regulated course fees to an institution, by a qualifying person and in connection with the person's undertaking a qualifying course, that exceed the applicable fee limit. 2 For the purposes of any rights and liabilities arising under the contract, and any proceedings in respect of those rights and liabilities, the contract is to be treated as providing for the payment of fees in an amount equivalent to the applicable fee limit. 3 Except as provided in subsection (2), the contract is not void or unenforceable in consequence of providing for the payment of fees exceeding the applicable fee limit. Approved plans: compliance and effectiveness HEFCW's duty to monitor and evaluate compliance and effectiveness 15 1 HEFCW must— a monitor compliance with section 10(1); b monitor compliance with the general requirements of approved plans; c evaluate the effectiveness of each approved plan; d evaluate the effectiveness of approved plans generally. 2 For the purposes of this section, the effectiveness of an approved plan is its effectiveness in promoting— a equality of opportunity, and b higher education. Monitoring and evaluating compliance and effectiveness: duty to co-operate 16 1 The governing body of a regulated institution must ensure the provision to HEFCW of such information, assistance and access to the institution's facilities as HEFCW reasonably require for the purpose of their functions under section 15. 2 If HEFCW are satisfied that a governing body has failed to comply with subsection (1), they may direct it to take (or not to take) specified steps for the purpose of securing the provision of information, assistance or access as described in that subsection. PART 3 QUALITY OF EDUCATION Assessment of quality of education Assessment of quality of education 17 1 HEFCW must assess, or make arrangements for the assessment of, the quality of education provided in Wales— a by each regulated institution; b on behalf of each regulated institution (whether by another regulated institution or by an external provider). 2 For the purposes of subsection (1), education provided outside Wales is to be treated as provided in Wales if it is provided as part of a course that is provided principally in Wales. 3 In this Act, references to an external provider are references to a person who— a is not a regulated institution, but b is responsible for providing all or part of a course of education on behalf of a regulated institution. 4 For the purposes of subsection (3)(b)— a regulations may make provision about the circumstances in which a person is (or is not) to be treated as responsible for providing a course (or part of it); b a course (or part of it) is not to be treated as provided on behalf of a regulated institution if it is provided under arrangements with that institution that were made before the coming into force of this section. Powers in respect of education of inadequate quality Education of inadequate quality: general 18 1 Sections 19 and 20 apply if, as a result of exercising their functions under section 17, HEFCW are satisfied that— a the quality of education provided by or on behalf of a regulated institution, or b the quality of a particular course of education so provided, is inadequate or likely to become inadequate. 2 For the purposes of this Act, the quality of education or of a course of education is inadequate if it is not adequate to meet the reasonable needs of those receiving the education or undertaking the course. Directions in respect of inadequate quality 19 1 HEFCW may give a direction to the governing body of the institution requiring it to take (or not to take) specified steps for the purpose of— a improving the quality of the education or course, or b preventing the quality of the education or course from becoming inadequate. 2 For procedural provision about directions under this section, see sections 41 to 44. Other measures in respect of inadequate quality 20 1 HEFCW may give advice or assistance to the governing body of the institution with a view to— a improving the quality of the education or course, or b preventing the quality of the education or course from becoming inadequate. 2 HEFCW may carry out, or arrange for another person to carry out, a review of any matters that they think are relevant to the quality of education provided by or on behalf of the institution. 3 A governing body must take into account any advice given to it under subsection (1). Co-operation with quality assessment etc Quality assessment etc: duty to co-operate 21 1 The governing body of a regulated institution must ensure that a person exercising a function by virtue of section 17 or 20 is provided with such information, assistance and access to the institution's facilities as the person reasonably requires for the purpose of exercising the function (including for the purpose of exercising any power under section 22). 2 The governing body of an external provider must ensure that a person exercising a function by virtue of section 17 or 20(2) is provided with such information, assistance and access to the external provider's facilities as the person reasonably requires for the purpose of exercising the function (including for the purpose of exercising any power under section 22). 3 If HEFCW are satisfied that a governing body has failed to comply with subsection (1) or (2), they may direct it to take (or not to take) specified steps for the purpose of securing the provision of information, assistance or access as described in subsection (1) or (2) (as appropriate). Supplementary powers for purpose of quality assessment etc Quality assessment etc: powers of entry and inspection 22 1 For the purpose of the exercise of a function by virtue of section 17 or 20(2), an authorised person may— a enter the premises of a regulated institution or external provider; b inspect, copy or take away documents found on the premises. 2 In subsection (1)(b), references to— a documents include information recorded in any form; b documents found on the premises include— i documents stored on computers or electronic storage devices on the premises, and ii documents stored elsewhere which can be accessed by computers on the premises. 3 The power conferred by subsection (1)(b) includes power— a to require a person to provide documents; b to impose requirements as to how documents are provided (which may include requirements to provide legible copies of documents stored electronically); c to inspect a computer or electronic storage device on which documents have been created or stored. 4 A power conferred by this section may be exercised only after giving reasonable notice to— a the governing body of the regulated institution or external provider in relation to whose premises the authorised person intends to exercise the power, and b the governing body of any regulated institution on whose behalf that institution or external provider provides the education to which the exercise of the function under section 17 or 20(2) relates. 5 Subsection (4) does not apply to the exercise of a power if the authorised person is satisfied that— a the case is one of urgency, or b complying with that subsection would defeat the object of exercising the power. 6 In this section, “ authorised person ” means a person authorised in writing by HEFCW (whether generally or specifically) to exercise the powers conferred by this section. 7 Before exercising a power under this section, an authorised person must, if required to do so, produce a copy of the person's authorisation under subsection (6). 8 The powers conferred by this section— a may be exercised at reasonable times only; b may not be exercised to require a person to do anything otherwise than at a reasonable time. 9 The powers conferred by this section do not include power to enter a dwelling without the agreement of the occupier. Guidance relating to quality of education Guidance about matters relevant to quality 23 1 HEFCW may issue or approve guidance about any matter they think relevant to improving or maintaining the quality of education provided by or on behalf of regulated institutions. 2 Before issuing or approving guidance under this section (or any revised guidance), HEFCW must consult— a the governing body of each regulated institution, and b any other persons they think appropriate. 3 The governing body of a regulated institution must take into account any guidance issued or approved under this section. Guidance about criteria for assessing quality 24 1 HEFCW may issue or approve guidance about— a criteria to be applied by a person exercising a function by virtue of section 17 in assessing the quality of education; b matters HEFCW will take into account in determining whether the quality of education, or of a course of education, is inadequate or likely to become inadequate. 2 Before issuing or approving guidance under this section (or any revised guidance), HEFCW must consult— a the governing body of each regulated institution, and b any other persons they think appropriate. Advice to HEFCW about quality assessment functions Committee to advise HEFCW about exercise of quality assessment functions 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Supplementary Application of this Part where institution ceases to have approved plan 26 1 This section applies where— a a fee and access plan relating to an institution has ceased to be in force, and b no new fee and access plan is in force in relation to the institution. 2 This Part continues to apply in relation to education provided by or on behalf of the institution by means of a designated course. 3 For the purposes of the application of this Part by virtue of subsection (2), the institution is to be treated as a regulated institution. 4 A designated course is one that is designated for the purposes of section 22 of the Teaching and Higher Education Act 1998 by regulations made by the Welsh Ministers under that section. PART 4 FINANCIAL AFFAIRS OF REGULATED INSTITUTIONS Financial management code HEFCW's duty to prepare and publish Code 27 1 HEFCW must prepare and publish a code relating to the organisation and management of the financial affairs of regulated institutions (referred to in this Act as “ the Code ”). 2 The Code may make provision about the following matters (among others)— a circumstances in which a regulated institution is to enter into a transaction of a class specified in the Code only with the consent of HEFCW; b accounting and audit arrangements of regulated institutions; c the provision of information to HEFCW. 3 A provision of the Code may take the form of a requirement or guidance. 4 The governing body of a regulated institution must— a comply with any requirement imposed by the Code; b take into account any guidance contained in the Code. 5 HEFCW may publish the Code in whatever way they think appropriate. 6 HEFCW must— a keep the Code under review, and b if they think it appropriate, prepare and publish a revised Code. 7 The Code may make different provision for different purposes (including for different institutions and different descriptions of institution). 8 For the purposes of this Part, the Open University is not to be treated as a regulated institution. 9 In sections 28, 29 and 30, “ the first Code ” means the first Code to be published under this section. Procedure for approval of Code by Welsh Ministers 28 1 Before publishing the first Code or a revised Code, HEFCW must— a prepare a draft of the first Code or revised Code, and b submit the draft to the Welsh Ministers for their approval. 2 In preparing a draft of the first Code or of a revised Code, HEFCW must consult— a the governing body of each regulated institution, and b any other persons they think appropriate. 3 A draft submitted to the Welsh Ministers under this section must be accompanied by a report— a setting out the reasons for the terms of the draft, and b giving details of the consultation carried out under subsection (2) and summarising the representations received by HEFCW during the consultation. 4 The Welsh Ministers may direct HEFCW to submit a draft of the first Code or of a revised Code to them under this section before the end of a period specified in the direction. 5 HEFCW must comply with a direction given under subsection (4). Procedure if draft Code not approved by Welsh Ministers 29 1 This section applies if the Welsh Ministers decide not to approve a draft of the first Code, or of a revised Code, submitted to them under section 28. 2 The Welsh Ministers must give HEFCW notice of the decision and the reasons for it. 3 If the Welsh Ministers give HEFCW notice under subsection (2) that they have decided not to approve a draft of the first Code, HEFCW must submit a further draft of the first Code to the Welsh Ministers. 4 If the Welsh Ministers give HEFCW notice under subsection (2) that they have decided not to approve a draft of a revised Code, HEFCW must either— a submit a further draft of the revised Code to the Welsh Ministers, or b give the Welsh Ministers notice— i stating that HEFCW have decided not to proceed with the revision of the Code, and ii setting out the reasons for that decision. 5 Notice under subsection (2) may specify a period before the end of which HEFCW must comply with subsection (3) or (4) (as appropriate). 6 Before submitting a further draft of the first Code or revised Code to the Welsh Ministers, HEFCW must carry out any further consultation that they think appropriate. 7 A further draft submitted to the Welsh Ministers under this section must be accompanied by a report— a explaining how, in preparing the draft, HEFCW have taken into account the reasons set out in the notice given by the Welsh Ministers under subsection (2), b setting out HEFCW's reasons for the terms of the draft, and c giving details of any consultation carried out under subsection (6) in relation to the draft and summarising the representations received by HEFCW during the consultation. 8 Subsections (2) to (7) apply where the Welsh Ministers decide not to approve a draft submitted to them under this section as they apply where the Welsh Ministers decide not to approve a draft submitted to them under section 28. Procedure if draft Code approved by Welsh Ministers 30 1 If the Welsh Ministers approve a draft of the first Code or of a revised Code submitted to them under section 28 or 29, they must lay the approved draft before the National Assembly for Wales. 2 If the National Assembly for Wales resolves not to approve the draft within the 40 day period— a HEFCW may not publish the draft; b if the draft is of the first Code, HEFCW must submit a further draft of the first Code to the Welsh Ministers; c if the draft is of a revised Code, HEFCW may submit a further draft of a revised Code to the Welsh Ministers. 3 Before submitting a further draft of the first Code or of a revised Code to the Welsh Ministers under this section, HEFCW must carry out any further consultation they think appropriate. 4 A further draft submitted to the Welsh Ministers under this section must be accompanied by a report— a setting out HEFCW's reasons for the terms of the draft, and b giving details of any consultation carried out under subsection (3) in relation to the draft and summarising the representations received by HEFCW during the consultation. 5 The “ 40 day period ” means the period of 40 days beginning with the day on which the draft is laid before the National Assembly for Wales. 6 In calculating the 40 day period, no account is to be taken of any period during which the National Assembly for Wales is dissolved or during which it is in recess for more than four days. 7 If no resolution is passed by the National Assembly for Wales within the 40 day period as mentioned in subsection (2), HEFCW must publish the Code in the terms of the approved draft. 8 If a further draft is submitted to the Welsh Ministers under this section— a subsections (1) to (7) apply if the Welsh Ministers approve the draft as they apply if they approve a draft submitted to them under section 28 or 29; b section 29 applies if the Welsh Ministers decide not to approve the draft as it applies if the Welsh Ministers decide not to approve a draft submitted to them under section 28. Monitoring compliance with Code Monitoring compliance with Code 31 HEFCW must monitor, or make arrangements for the monitoring of, compliance by each regulated institution with requirements imposed by the Code. Powers in respect of failure to comply with Code Failure to comply with Code: general 32 Sections 33 and 34 apply if HEFCW are satisfied that the governing body of a regulated institution has failed, or is likely to fail, to comply with a requirement imposed by the Code. Directions in respect of failure to comply with Code 33 1 HEFCW may give a direction to the governing body requiring it to take (or not to take) specified steps for the purpose of dealing with or preventing the failure to comply. 2 For procedural provision about directions under this section, see sections 41 to 44. Other measures in respect of failure to comply with Code 34 1 HEFCW may give advice or assistance to the governing body with a view to improving the organisation or management of the financial affairs of the institution. 2 HEFCW may carry out, or arrange for another person to carry out, a review of any matters that they think are relevant to the institution's compliance with the Code. 3 A governing body must take into account any advice given to it under subsection (1). Co-operation with monitoring etc Financial management: duty to co-operate 35 1 The governing body of a regulated institution must ensure that a person exercising a function by virtue of section 31 or 34 is provided with such information, assistance and access to the institution's facilities as the person reasonably requires for the purpose of exercising the function (including for the purpose of exercising any power under section 36). 2 If HEFCW are satisfied that a governing body has failed to comply with subsection (1), they may direct it to take (or not to take) specified steps for the purpose of securing the provision of information, assistance or access as described in that subsection. Supplementary powers for purpose of monitoring etc Financial management: powers of entry and inspection 36 1 For the purpose of the exercise of a function by virtue of section 31 or 34(2), an authorised person may— a enter the premises of a regulated institution; b inspect, copy or take away documents found on the premises. 2 In subsection (1)(b), references to— a documents include information recorded in any form; b documents found on the premises include— i documents stored on computers or electronic storage devices on the premises, and ii documents stored elsewhere which can be accessed by computers on the premises. 3 The power conferred by subsection (1)(b) includes power— a to require a person to provide documents; b to impose requirements as to how documents are provided (which may include requirements to provide legible copies of documents stored electronically); c to inspect a computer or electronic storage device on which documents have been created or stored. 4 A power conferred by this section may be exercised only after giving reasonable notice to the governing body of the regulated institution. 5 Subsection (4) does not apply to the exercise of a power if the authorised person is satisfied that— a the case is one of urgency, or b complying with that subsection would defeat the object of exercising the power. 6 In this section, “ authorised person ” means a person authorised in writing by HEFCW (whether generally or specifically) to exercise the powers conferred by this section. 7 Before exercising a power under this section, an authorised person must, if required to do so, produce a copy of the person's authorisation under subsection (6). 8 The powers conferred by this section— a may be exercised at reasonable times only; b may not be exercised to require a person to do anything otherwise than at a reasonable time. 9 The powers conferred by this section do not include power to enter a dwelling without the agreement of the occupier. PART 5 FEE AND ACCESS PLANS: WITHDRAWAL OF APPROVAL ETC Refusal to approve new fee and access plan Notice of refusal to approve new fee and access plan 37 1 If HEFCW are satisfied that a condition in subsection (3) is met in respect of a regulated institution, they may give notice under this section to the institution's governing body. 2 Notice under this section is notice that HEFCW will not approve a new fee and access plan relating to the institution before the end of a period specified in the notice. 3 The conditions are that the governing body of the institution has failed to comply with— a section 10(1) (duty to ensure that regulated course fees do not exceed applicable fee limit), b a general requirement of the institution's approved plan, c a direction under section 13 (directions in respect of failure to comply with general requirements of approved plan), d a direction under section 19 (directions in respect of inadequate quality), or e a direction under section 33 (directions in respect of failure to comply with the Code). 4 A governing body is not to be treated for the purposes of subsection (3)(b) as having failed to comply with a general requirement of an approved plan if HEFCW are satisfied that the governing body has taken all reasonable steps to comply with the requirement. 5 If HEFCW give notice under this section to the governing body of an institution, HEFCW must not approve a proposed fee and access plan relating to the institution before the end of the period specified in the notice. 6 Where HEFCW have given notice under this section— a they may withdraw the notice, and b if they do so, the restriction in subsection (5) ceases to apply. 7 Regulations may make provision about— a the period that may be specified in notice under this section; b matters to be taken into account by HEFCW in deciding whether to give or withdraw notice under this section; c the procedure to be followed in connection with the withdrawal of notice. 8 If the governing body of an institution that is not a regulated institution fails to comply with a direction under section 13, this section applies in relation to that institution as it applies in relation to a regulated institution. 9 For procedural provision about notice under this section, see sections 41 to 44. Withdrawal of approval of existing fee and access plan Duty to withdraw approval 38 1 If HEFCW are satisfied that a regulated institution is no longer within section 2(3), they must withdraw their approval of the fee and access plan relating to the institution by giving notice under this section to the institution's governing body. 2 Regulations may make provision about— a matters to be taken into account by HEFCW in making a determination for the purposes of this section; b the procedure to be followed in connection with giving notice under this section. 3 Regulations making provision as described in subsection (2)(b) may (among other things) amend or apply, with or without modifications, any provision made by or under sections 41 to 44. Power to withdraw approval 39 1 If HEFCW are satisfied that a condition in subsection (2) is met in respect of a regulated institution, they may withdraw their approval of the fee and access plan relating to the institution by giving notice under this section to the institution's governing body. 2 The conditions are that— a the governing body of the institution has persistently failed to comply with section 10(1) (duty to ensure that regulated course fees do not exceed applicable fee limit) or has failed to comply with a compliance and reimbursement direction, b the governing body has persistently failed to comply with the general requirements of the institution's approved plan or has failed to comply with a direction under section 13 (directions in respect of failure to comply with general requirements of approved plan), c the quality of education provided by or on behalf of the institution is seriously inadequate, or d there has been serious failure by the governing body of the institution to comply with the Code. 3 A governing body is not to be treated for the purposes of subsection (2)(b) as having failed to comply with a general requirement of an approved plan if HEFCW are satisfied that the governing body has taken all reasonable steps to comply with the requirement. 4 Regulations may make provision about matters to be taken into account by HEFCW in deciding whether to give notice under this section. 5 For procedural provision about notice under this section, see sections 41 to 44. Publication etc of notice under this Part Publication etc of notice under this Part 40 1 If HEFCW give notice under section 37, 38 or 39, they must— a give a copy of the notice to the Welsh Ministers, and b publish the notice. 2 Regulations may make provision about how and when HEFCW are to comply with subsection (1). PART 6 NOTICES AND DIRECTIONS GIVEN BY HEFCW Warning and review procedure for certain notices and directions Application of sections 42 to 44 41 1 Sections 42 to 44 apply to— a notice under section 7(1)(b) (rejection of proposed fee and access plan), b a compliance and reimbursement direction, c a direction under section 13 (directions in respect of failure to comply with general requirements of approved plan), d a direction under section 19 (directions in respect of inadequate quality), e a direction under section 33 (directions in respect of failure to comply with the Code), f notice under section 37 (refusal to approve a new fee and access plan), and g notice under section 39 (withdrawal of approval of fee and access plan). 2 But those sections do not apply to a direction that provides only for the revocation of an earlier direction (see section 46). Proposed notices and directions: requirement to give warning notice 42 1 If HEFCW propose to give a governing body a notice or direction to which this section applies, HEFCW must give the governing body a warning notice. 2 The warning notice must— a set out the proposed notice or direction; b state HEFCW's reasons for proposing to give it; c inform the governing body that it may make representations about the proposed notice or direction; d specify, in accordance with any provision made by regulations, the period within which, and the way in which, representations may be made. 3 In deciding whether to give the notice or direction, HEFCW must take into account any representations made by the governing body in accordance with the warning notice. 4 If, having taken those representations into account, HEFCW decide not to give the notice or direction, they must give the governing body notice of that decision. Information to be given with notices and directions 43 If HEFCW give a governing body a notice or direction to which this section applies, they must at the same time give the governing body a statement— a setting out HEFCW's reasons for giving the notice or direction, b informing the governing body that it may apply for a review of the notice or direction under section 44, and c including any other prescribed information. Review of notices and directions 44 1 If HEFCW give a governing body a notice or direction to which this section applies, the governing body may (subject to any provision made as described in subsection (4)(a)) apply for a review of the notice or direction. 2 A review is to be carried out by a person, or a panel of persons, appointed by the Welsh Ministers; and the Welsh Ministers may pay remuneration and allowances to persons appointed under this subsection. 3 The Welsh Ministers must by regulations make provision in connection with reviews under this section. 4 The regulations may, among other things, make provision— a about the grounds on which an application for a review may be made; b about the period within which, and the way in which, an application may be made; c about the procedure to be followed by a person or panel carrying out a review; d about steps to be taken by HEFCW following a review; e for a notice or direction to which this section applies not to be treated as having been given until any steps specified in the regulations have been taken, or until any period specified in the regulations has expired. General provisions about directions given by HEFCW Directions: compliance and enforcement 45 1 If HEFCW give a governing body a direction under this Act, the governing body must comply with the direction. 2 The direction is enforceable by injunction on the application of HEFCW. 3 If requested to do so by the governing body, HEFCW must give notice to the governing body stating whether they are satisfied that it has complied with the direction (or with a particular requirement of the direction). Directions: general 46 A direction given by HEFCW under this Act— a must be in writing; b may be varied or revoked by a later direction. PART 7 SUPPLEMENTARY PROVISION ABOUT FUNCTIONS OF HEFCW Exercise of functions by HEFCW Compatibility with charity law and governing documents of institutions 47 1 Nothing in this Act confers power on HEFCW to require the governing body of an institution to do anything that is incompatible with— a any legal obligation or legal restriction that applies to the governing body by virtue of the institution being a charity, or b the governing documents of the institution. 2 For the purposes of subsection (1)(b), the governing documents of an institution are— a in the case of an institution established by Royal charter— i the institution's charter, and ii any instrument relating to the conduct of the institution the making or amendment of which requires the approval of the Privy Council; b in the case of an institution conducted by a higher education corporation, the corporation's instrument of government and the institution's articles of government; c in the case of an institution conducted by a further education corporation, the corporation's instrument of government and articles of government; d in the case of an institution designated under section 129 of the Education Reform Act 1988 or section 28 of the Further and Higher Education Act 1992, the institution's instrument of government and articles of government; e in the case of an institution not falling within paragraphs (a) to (d) that is conducted by a company, the company's memorandum and articles of association. Duty to take into account importance of protecting academic freedom 48 In exercising functions by virtue of this Act, HEFCW must take into account the importance of protecting academic freedom including, in particular, the freedom of institutions— a to determine the contents of particular courses and the manner in which they are taught, supervised or assessed, b to determine the criteria for the admission of students and to apply those criteria in particular cases, and c to determine the criteria for the selection and appointment of academic staff and to apply those criteria in particular cases. Duty to take Welsh Ministers' guidance into account 49 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Reports to be made by HEFCW Annual reports 50 1 As soon as possible after the end of each reporting period, HEFCW must submit a report to the Welsh Ministers on how, during the period, HEFCW have exercised their functions by virtue of this Act. 2 As soon as possible after receiving a report under subsection (1), the Welsh Ministers must lay a copy of the report before the National Assembly for Wales. 3 The report must comply with any requirements that the Welsh Ministers may by direction to HEFCW specify. 4 Those requirements may include requirements as to the form and content of the report. 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Special reports 51 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Other information etc to be given by HEFCW Statement in respect of intervention functions 52 1 HEFCW must prepare and publish a statement setting out how they propose to exercise their intervention functions. 2 HEFCW— a must keep the statement under review; b may revise it. 3 Before publishing the statement or a revised statement, HEFCW must consult— a the governing body of each regulated institution, and b any other persons they think appropriate. 4 Regulations may make provision about— a the preparation of the statement (including as to its form and content); b its publication; c the consultation to be carried out under subsection (3). 5 HEFCW's intervention functions are their functions under the following provisions— a section 11 (compliance and reimbursement directions); b section 13 (directions in respect of failure to comply with general requirements of approved plan); c section 19 (directions in respect of inadequate quality); d section 20(1) and (2) (other measures in respect of inadequate quality); e section 33 (directions in respect of failure to comply with the Code); f section 34(1) and (2) (other measures in respect of failure to comply with the Code); g section 37 (refusal to approve new fee and access plan); h sections 38 and 39 (withdrawal of approval of existing fee and access plan). Information and advice to be given by HEFCW to Welsh Ministers 53 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Other information and advice 54 1 HEFCW may— a identify good practice relating to the promotion of equality of opportunity and the promotion of higher education, and b give information and advice about such practice to the governing body of a regulated institution, or to the governing bodies of regulated institutions generally. 2 In exercising its functions, the governing body of a regulated institution is to take into account any information or advice given by HEFCW to it, or to governing bodies generally, under subsection (1)(b). 3 HEFCW may provide such other information and advice as they think appropriate having regard to (among other things) their functions and those of regulated institutions. 4 That information and advice may (among other things) relate to— a the powers and duties of regulated institutions; b the organisation and management of the financial affairs of regulated institutions; c the effect of approval of a fee and access plan. PART 8 GENERAL Regulations 55 1 A power to make regulations under this Act is exercisable by statutory instrument. 2 A power to make regulations under this Act includes power— a to make different provision for different purposes; b to make incidental, supplementary, consequential, transitional, transitory or saving provision. 3 A statutory instrument containing (whether alone or with other provision) regulations within subsection (4) may not be made unless a draft of the instrument has been laid before, and approved by resolution of, the National Assembly for Wales. 4 The regulations within this subsection are— a the first regulations to be made under section 2(4); b regulations under section 3(4); c regulations under section 4(3); d the first regulations to be made under section 5(3); e regulations under section 6(1); f regulations under section 7(3); g regulations under section 13; h regulations under section 38(2) which amend a provision of this Act; i regulations under section 58 which amend or repeal a provision of— i an Act of Parliament, or ii a Measure or Act of the National Assembly for Wales. 5 Any other statutory instrument containing regulations made under this Act is subject to annulment in pursuance of a resolution of the National Assembly for Wales. Directions given by Welsh Ministers 56 A direction given by the Welsh Ministers under this Act— a must be in writing; b may be varied or revoked by a later direction. Interpretation 57 1 In this Act— “ academic year ” (“ blwyddyn academaidd ”) means a period of 12 months; “ applicable fee limit ” (“ terfyn ffioedd cymwys ”) has the meaning given in section 10; “ approved plan ” (“ cynllun a gymeradwywyd ”) has the meaning given in section 7; “ compliance and reimbursement direction ” (“ cyfarwyddyd cydymffurfio ac ad-dalu ”) has the meaning given in section 11; “ enactment ” (“ deddfiad ”) means a provision contained in any of the following— an Act of Parliament; a Measure or Act of the National Assembly for Wales; subordinate legislation within the meaning of the Interpretation Act 1978 (including subordinate legislation made under an Act of Parliament or under a Measure or Act of the National Assembly for Wales); “ equality of opportunity ” (“ cyfle cyfartal ”) means equality of opportunity in connection with access to higher education; “ excess fees ” (“ ffioedd uwchlaw'r terfyn ”) has the meaning given in section 11; “ external provider ” (“ darparwr allanol ”) has the meaning given in section 17; “ fee and access plan ” (“ cynllun ffioedd a mynediad ”) has the meaning given in section 2; “ fee limit ” (“ terfyn ffioedd ”) has the meaning given in section 5; “ fees ” (“ ffioedd ”) means fees in respect of, or otherwise in connection with, undertaking a course, including admission, registration, tuition and graduation fees, and fees payable to an institution for awarding or accrediting any part of the course, but excluding— fees payable for board or lodging; fees payable for field trips (including any tuition element of such fees); fees payable for attending any graduation or other ceremony; any other fees prescribed for the purposes of this section; “ general requirements ” (“ gofynion cyffredinol ”), in relation to an approved plan, is to be read in accordance with section 6; “ governing body ” (“ corff llywodraethu ”)— in relation to a training provider who but for this section would not be regarded as an institution, means any persons responsible for the provider's management; in relation to a provider designated under section 3, means any persons responsible for the provider's management; in relation to any other institution, has the meaning given by section 90(1) of the Further and Higher Education Act 1992, but subject to any provision made by virtue of section 90(2) of that Act; in relation to an external provider that is not an institution, means any persons responsible for the provider's management; “ HEFCW ” (“ CCAUC ”) means the Higher Education Funding Council for Wales; “ higher education ” (“ addysg uwch ”) means education provided by means of a course of any description mentioned in Schedule 6 to the Education Reform Act 1988; “ inadequate ” (“ annigonol ”), in relation to the quality of education or of a course, has the meaning given in section 18; “ institution ” (“ sefydliad ”) includes any training provider (whether or not the training provider would otherwise be regarded as an institution); “ notice ” (“ hysbysiad ”) means notice in writing; “ prescribed ” (“ rhagnodedig”, ”a ragnodir ”) means prescribed by regulations; “ qualifying course ” (“ cwrs cymhwysol ”) means a course prescribed under section 5; “ qualifying person ” (“ person cymhwysol ”) has the meaning given in section 5; “ regulated course fees ” (“ ffioedd cwrs rheoleiddiedig ”) has the meaning given in section 10; “ regulated institution ” (“ sefydliad rheoleiddiedig ”) has the meaning given in section 7; “ regulations ” (“ rheoliadau ”) means regulations made by the Welsh Ministers; “ relevant academic year ” (“ blwyddyn academaidd berthnasol ”), in relation to an institution to which a fee and access plan relates, has the meaning given in section 5. 2 In subsection (1), “ training provider ” means a person who provides training for members of the school workforce (within the meaning given by section 100 of the Education Act 2005). 3 For the purposes of this Act, references to an institution in Wales— a are to an institution whose activities are wholly or principally carried on in Wales, and b include the Open University. Consequential and transitional provision etc 58 1 For minor and consequential amendments, see Part 1 of the Schedule. 2 For transitional provisions, see Part 2 of the Schedule. 3 The Welsh Ministers may by regulations make such— a incidental, supplementary or consequential provision, or b transitional, transitory or saving provision, as they think appropriate in consequence of, or for giving full effect to, a provision of this Act. 4 The provision that may be made by regulations under this section includes provision amending, repealing or revoking an enactment. Commencement 59 1 The following provisions come into force on the day on which this Act receives Royal Assent— a Part 1; b section 55; c section 56; d section 57; e section 58(3) and (4); f this section; g section 60. 2 The other provisions of this Act come into force on such day as the Welsh Ministers may appoint by order made by statutory instrument. 3 An order under subsection (2) may— a appoint different days for different purposes; b make transitional, transitory or saving provision in connection with the coming into force of a provision of this Act. Short title etc 60 1 The short title of this Act is the Higher Education (Wales) Act 2015. 2 This Act is to be included in the list of Education Acts set out in section 578 of the Education Act 1996. SCHEDULE CONSEQUENTIAL AND TRANSITIONAL PROVISION ETC (introduced by section 58) PART 1 MINOR AND CONSEQUENTIAL AMENDMENTS Further and Higher Education Act 1992 1 The Further and Higher Education Act 1992 is amended as follows. 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 In section 83 (efficiency studies), in the second column of the table in subsection (1B), after “An institution within the higher education sector” insert— A regulated institution for the purposes of the Higher Education (Wales) Act 2015 (including a provider designated under section 3 of that Act which is treated as being a regulated institution for the purposes of that Act). 4 1 Section 91 is amended as follows. 2 In subsection (5), after paragraph (a) insert— aa universities that are regulated institutions, . 3 After subsection (5) insert— 5A For the purposes of subsection (5)(aa), a regulated institution is an institution to which an approved plan, within the meaning given in section 7 of the Higher Education (Wales) Act 2015, relates. Education Act 1996 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Education Act 2002 6 In section 140 of the Education Act 2002 (further education: general), after subsection (3) insert— 4 For the purposes of section 138(3), a university to which an approved plan relates is to be treated (in any case where it would not be so treated but for this subsection) as being a higher education institution. 5 “Approved plan”, in subsection (4), has the meaning given in section 7 of the Higher Education (Wales) Act 2015. Higher Education Act 2004 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Education Act 2005 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Government of Wales Act 2006 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Education Act 2011 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 2 TRANSITIONAL PROVISION Plans approved under the Higher Education Act 2004 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Members of Quality Assessment Committee 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S. 58 partly in force; s. 58(3)(4) in force at Royal Assent, see s. 59(1)(e) S. 2(4) in force at 20.5.2015 for specified purposes by S.I. 2015/1327 , art. 2(a) S. 3(4) in force at 20.5.2015 for specified purposes by S.I. 2015/1327 , art. 2(b) S. 4(3) (4) in force at 20.5.2015 for specified purposes by S.I. 2015/1327 , art. 2(c) S. 5(2)(b)(3)(5)-(9) in force at 20.5.2015 for specified purposes by S.I. 2015/1327 , art. 2(d) S. 6(1)(3)-(6) in force at 20.5.2015 for specified purposes by S.I. 2015/1327 , art. 2(e) S. 7(3) in force at 20.5.2015 for specified purposes by S.I. 2015/1327 , art. 2(f) S. 8 in force at 20.5.2015 for specified purposes by S.I. 2015/1327 , art. 2(g) S. 9 in force at 20.5.2015 for specified purposes by S.I. 2015/1327 , art. 2(h) S. 11(5) in force at 20.5.2015 for specified purposes by S.I. 2015/1327 , art. 2(i) S. 17(4)(a) in force at 20.5.2015 for specified purposes by S.I. 2015/1327 , art. 2(j) S. 37(7) in force at 20.5.2015 for specified purposes by S.I. 2015/1327 , art. 2(k) S. 38(2) in force at 20.5.2015 for specified purposes by S.I. 2015/1327 , art. 2(l) S. 39(4) in force at 20.5.2015 for specified purposes by S.I. 2015/1327 , art. 2(m) S. 40(2) in force at 20.5.2015 for specified purposes by S.I. 2015/1327 , art. 2(n) S. 42(2)(d) in force at 20.5.2015 for specified purposes by S.I. 2015/1327 , art. 2(o) S. 43(c) in force at 20.5.2015 for specified purposes by S.I. 2015/1327 , art. 2(p) S. 44(3) (4) in force at 20.5.2015 for specified purposes by S.I. 2015/1327 , art. 2(q) S. 52(4) in force at 20.5.2015 for specified purposes by S.I. 2015/1327 , art. 2(r) S. 58(2) in force at 20.5.2015 for specified purposes by S.I. 2015/1327 , art. 2(s) S. 6(7) in force at 25.5.2015 by S.I. 2015/1327 , art. 3(a) S. 7(5) in force at 25.5.2015 by S.I. 2015/1327 , art. 3(b) S. 27(1) in force at 25.5.2015 for specified purposes by S.I. 2015/1327 , art. 3(c) S. 27(2) (3) (7) (8) in force at 25.5.2015 by S.I. 2015/1327 , art. 3(d) S. 47 in force at 25.5.2015 by S.I. 2015/1327 , art. 3(e) S. 48 in force at 25.5.2015 by S.I. 2015/1327 , art. 3(e) S. 52(1) in force at 25.5.2015 for specified purposes by S.I. 2015/1327 , art. 3(g) S. 52(5) in force at 25.5.2015 by S.I. 2015/1327 , art. 3(h) S. 54(3) (4) in force at 25.5.2015 by S.I. 2015/1327 , art. 3(i) S. 5(2)(b) modified (W.) (31.7.2015) by The Higher Education (Qualifying Courses, Qualifying Persons and Supplementary Provision) (Wales) Regulations 2015 (No. 1484) , regs. 1(1) , 5(1) S. 17(1) modified (W.) (31.7.2015) by The Higher Education (Qualifying Courses, Qualifying Persons and Supplementary Provision) (Wales) Regulations 2015 (No. 1484) , regs. 1(1) , 5(2) S. 58(2) in force at 1.8.2015 for specified purposes by S.I. 2015/1327 , art. 4(a) Pt. 2 modified (1.9.2015) by The Higher Education (Wales) Act 2015 (Consequential Provision) Order 2015 (S.I. 2015/1353) , arts. 1(2) , 3 Pt. 3 modified (1.9.2015) by The Higher Education (Wales) Act 2015 (Consequential Provision) Order 2015 (S.I. 2015/1353) , arts. 1(2) , 4(1) S. 3(4) in force at 1.9.2015 in so far as not already in force by S.I. 2015/1327 , art. 5(a) S. 3(1)-(3) in force at 1.9.2015 by S.I. 2015/1327 , art. 5(a) S. 10 in force at 1.9.2015 by S.I. 2015/1327 , art. 5(b) S. 11(5) in force at 1.9.2015 in so far as not already in force by S.I. 2015/1327 , art. 5(c) S. 11(1)-(4) (6) in force at 1.9.2015 by S.I. 2015/1327 , art. 5(c) S. 12 in force at 1.9.2015 by S.I. 2015/1327 , art. 5(d) S. 14 in force at 1.9.2015 by S.I. 2015/1327 , art. 5(e) S. 15(1)(a) in force at 1.9.2015 by S.I. 2015/1327 , art. 5(f) S. 17 in force at 1.9.2015 in so far as not already in force by S.I. 2015/1327 , art. 5(g) S. 18 in force at 1.9.2015 by S.I. 2015/1327 , art. 5(h) S. 19 in force at 1.9.2015 by S.I. 2015/1327 , art. 5(h) S. 20 in force at 1.9.2015 by S.I. 2015/1327 , art. 5(h) S. 21 in force at 1.9.2015 by S.I. 2015/1327 , art. 5(h) S. 22 in force at 1.9.2015 by S.I. 2015/1327 , art. 5(h) S. 23 in force at 1.9.2015 by S.I. 2015/1327 , art. 5(h) S. 24 in force at 1.9.2015 by S.I. 2015/1327 , art. 5(h) S. 27(9) in force at 1.9.2015 by S.I. 2015/1327 , art. 5(i) S. 28 in force at 1.9.2015 by S.I. 2015/1327 , art. 5(i) S. 29 in force at 1.9.2015 by S.I. 2015/1327 , art. 5(i) S. 41(1)(b)(d)(2) in force at 1.9.2015 by S.I. 2015/1327 , art. 5(j) S. 42(2)(d) in force at 1.9.2015 in so far as not already in force by S.I. 2015/1327 , art. 5(k) S. 42(1)(2)(a)-(c)(3)(4) in force at 1.9.2015 by S.I. 2015/1327 , art. 5(k) S. 43(c) in force at 1.9.2015 in so far as not already in force by S.I. 2015/1327 , art. 5(k) S. 44(3) (4) in force at 1.9.2015 in so far as not already in force by S.I. 2015/1327 , art. 5(k) S. 44(1) (2) in force at 1.9.2015 by S.I. 2015/1327 , art. 5(k) S. 45 in force at 1.9.2015 by S.I. 2015/1327 , art. 5(l) S. 46 in force at 1.9.2015 by S.I. 2015/1327 , art. 5(l) S. 52(1) in force at 1.9.2015 for specified purposes by S.I. 2015/1327 , art. 5(n) S. 52(2) (3) in force at 1.9.2015 by S.I. 2015/1327 , art. 5(o) S. 54(1) in force at 1.9.2015 by S.I. 2015/1327 , art. 5(q) S. 58(1) in force at 1.9.2015 for specified purposes by S.I. 2015/1327 , art. 5(r) Sch. para. 1 in force at 1.9.2015 for specified purposes by S.I. 2015/1327 , art. 5(s)(i) S. 58(2) in force at 1.9.2015 for specified purposes by S.I. 2015/1327 , art. 5(t) S. 43(a)(b) in force at 1.9.2015 by S.I. 2015/1327 , art. 5(k) S. 2(4) in force at 1.1.2016 in so far as not already in force by S.I. 2015/1327 , art. 6(a) S. 4(3) (4) in force at 1.1.2016 in so far as not already in force by S.I. 2015/1327 , art. 6(b) S. 5(2)(b)(3)(5)-(9) in force at 1.1.2016 in so far as not already in force by S.I. 2015/1327 , art. 6(c) S. 6(1)(3)-(6) in force at 1.1.2016 in so far as not already in force by S.I. 2015/1327 , art. 6(d) S. 7(3) in force at 1.1.2016 in so far as not already in force by S.I. 2015/1327 , art. 6(e) S. 6(2) in force at 1.1.2016 by S.I. 2015/1327 , art. 6(d) S. 4(1) (2) (5) in force at 1.1.2016 by S.I. 2015/1327 , art. 6(b) S. 5(1)(2)(a)(c)(4) in force at 1.1.2016 by S.I. 2015/1327 , art. 6(c) S. 7(1)(2)(4)(6)(7) in force at 1.1.2016 by S.I. 2015/1327 , art. 6(e) S. 41(1)(a) in force at 1.1.2016 by S.I. 2015/1327 , art. 6(f) S. 2(1)-(3) in force at 1.1.2016 by S.I. 2015/1327 , art. 6(a) S. 38(3) in force at 3.2.2016 by S.I. 2016/110 , art. 2(a) S. 52(1) in force at 3.2.2016 in so far as not already in force by S.I. 2016/110 , art. 2(b) Ss. 42-44 applied (28.3.2016) by The Higher Education (Fee and Access Plans) (Notices, Procedure and Publication) (Wales) Regulations 2016 (No. 223) , regs. 1(1) , 5(a) S. 38(1) in force at 1.8.2016 by S.I. 2016/110 , art. 3(a) S. 40(2) in force at 1.8.2016 in so far as not already in force by S.I. 2016/110 , art. 3(b) S. 40(1) in force at 1.8.2016 by S.I. 2016/110 , art. 3(b) S. 27(1) in force at 1.9.2016 in so far as not already in force by S.I. 2016/110 , art. 4(a) S. 27(5) (6) in force at 1.9.2016 by S.I. 2016/110 , art. 4(b) S. 30 in force at 1.9.2016 by S.I. 2016/110 , art. 4(c) S. 13 in force at 1.8.2017 by S.I. 2017/239 , art. 2 S. 15(1)(b)-(d)(2) in force at 1.8.2017 by S.I. 2017/239 , art. 2 S. 26 in force at 1.8.2017 by S.I. 2017/239 , art. 2 S. 27(4) in force at 1.8.2017 by S.I. 2017/239 , art. 2 S. 31 in force at 1.8.2017 by S.I. 2017/239 , art. 2 S. 32 in force at 1.8.2017 by S.I. 2017/239 , art. 2 S. 33 in force at 1.8.2017 by S.I. 2017/239 , art. 2 S. 34 in force at 1.8.2017 by S.I. 2017/239 , art. 2 S. 35 in force at 1.8.2017 by S.I. 2017/239 , art. 2 S. 36 in force at 1.8.2017 by S.I. 2017/239 , art. 2 S. 37(1)-(6)(8)(9) in force at 1.8.2017 by S.I. 2017/239 , art. 2 S. 39(1)-(3)(5) in force at 1.8.2017 by S.I. 2017/239 , art. 2 S. 41(1)(c)(e)-(g) in force at 1.8.2017 by S.I. 2017/239 , art. 2 S. 54(2) in force at 1.8.2017 by S.I. 2017/239 , art. 2 S. 58(1) in force at 1.8.2017 for specified purposes by S.I. 2017/239 , art. 2 Sch. para. 1 in force at 1.8.2017 for specified purposes by S.I. 2017/239 , art. 2 Sch. para. 3 in force at 1.8.2017 by S.I. 2017/239 , art. 2 Sch. para. 4 in force at 1.8.2017 by S.I. 2017/239 , art. 2 Sch. para. 6 in force at 1.8.2017 by S.I. 2017/239 , art. 2 Act modified (temp.) (1.8.2024) by The Tertiary Education and Research (Wales) Act 2022 (Commencement No. 4 and Transitory and Transitional Provisions) Order 2024 (S.I. 2024/806) , art. 21 (with arts. 20 , 28 ) S. 50 modified (temp.) (1.8.2024) by The Tertiary Education and Research (Wales) Act 2022 (Commencement No. 4 and Transitory and Transitional Provisions) Order 2024 (S.I. 2024/806) , arts. 20 , 22 (with art. 28 ) Act repealed (1.8.2024 for the repeal of ss. 25, 49, 50(5)-(7), 51, 53, Sch. paras. 2, 5, 7-31) by Tertiary Education and Research (Wales) Act 2022 (asc 1) , s. 148(2) , Sch. 4 para. 31 (with s. 19 ); S.I. 2024/806 , art. 3(c)(iv) (with arts. 28-42 )
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[uk-legislation-anaw][anaw] 2024-10-17
http://www.legislation.gov.uk/anaw/2012/2/2024-09-13
http://www.legislation.gov.uk/anaw/2012/2/2024-09-13 Local Government Byelaws (Wales) Act 2012 An Act of the National Assembly for Wales to make provision for the powers of county councils, county borough councils, community councils and other public bodies to make byelaws; the procedure for making byelaws; the enforcement of byelaws; and for connected purposes. text text/xml en Statute Law Database 2024-10-09 Expert Participation 2024-09-13 Local Government Byelaws (Wales) Act 2012 2012 anaw 2 An Act of the National Assembly for Wales to make provision for the powers of county councils, county borough councils, community councils and other public bodies to make byelaws; the procedure for making byelaws; the enforcement of byelaws; and for connected purposes. [29 November 2012] Having been passed by the National Assembly for Wales and having received the assent of Her Majesty, it is enacted as follows: Introduction Overview 1 This Act – a reforms procedures for making byelaws in Wales, including removing arequirement for confirmation of byelaws by the Welsh Ministers; b enables certain byelaws to be enforced by fixed penalty notices; c requires authorities that make byelaws to have regard to any guidance given by the Welsh Ministers on procedure; d restates for Wales a general power to make byelaws. Power to make byelaws Byelaws for good rule and government and suppression of nuisances 2 1 A council for a county or county borough in Wales may make byelaws – a for the good rule and government of the whole or any part of its area; b for the prevention and suppression of nuisances in its area. 2 But byelaws may not make provision which – a is made by an Act of Parliament, Assembly Measure or Act of the Assembly; b is made, or could be made, by subordinate legislation (which means legislation made by statutory instrument). Interpretation Meaning of “legislating authority” 3 Each of the following is a legislating authority for the purposes of this Act – a a council for a county or county borough in Wales; b a community council; c a National Park authority in Wales; d the Natural Resources Body for Wales . Revocation of byelaws Revocation by a legislating authority 4 1 A legislating authority may make a byelaw to revoke a byelaw previously made by it. 2 But this power may be exercised only where the authority has no other power to revoke the byelaw. Revocation by the Welsh Ministers 5 1 The Welsh Ministers may by order revoke any byelaw made by a legislating authority which they conclude is obsolete. 2 Before making an order, the Welsh Ministers must consult any person (including a community council) who they think is likely to be interested in, or affected by, the revocation of the byelaw. 3 An order may make different provision for different areas, including different provision for different localities and for different authorities. Procedure for byelaws Byelaws not requiring confirmation 6 1 This section applies to byelaws made by a legislating authority under the enactments listed in Part 1 of Schedule 1, including byelaws which amend or revoke byelaws previously made by it. 2 Before it makes a byelaw, an authority must – a publish on the authority's website an initial written statement which describes the issue which the authority thinks may be addressed by making a byelaw; b consult any person (including, where applicable, a community council) who the authority thinks is likely to be interested in, or affected by, the issue. 3 Following the consultation, the authority must consider the responses and decide whether making a byelaw is the most appropriate way of addressing the issue. 4 The authority must then publish on its website a second written statement which contains – a the initial written statement; b a summary of the consultation and the responses; c its decision; d the reasons for that decision. 5 At least six weeks before the byelaw is made, notice of the intention to make the byelaw must be published – a in one or more local newspapers circulating in the area to which the byelaw is to apply; b on the authority's website. 6 For at least six weeks before making the byelaw, the authority must ensure that – a a draft of the byelaw is published on the authority's website; b a copy of the draft is deposited at a place in the authority's area; c a copy is open to public inspection at all reasonable hours without payment; d where applicable, a copy is sent to all community councils whose areas the authority thinks are likely to be affected by the byelaw. 7 The authority must give a copy of the draft byelaw to any person who applies for it, subject to that person paying such reasonable fee charged by the authority (if any). 8 An authority may not make a byelaw later than six months after the date of the notice under subsection (5). Byelaws requiring confirmation 7 1 This section applies to byelaws made by a legislating authority under any enactment other than those listed in Part 1 of Schedule 1, including byelaws which amend or revoke byelaws previously made by it. 2 But this section does not apply to the extent that the enactment conferring the power to make a byelaw makes different provision in relation to one or more of the following – a a requirement to submit byelaws for confirmation; b publication of a notice of intent to make the byelaw; c publication of the byelaw; d making copies of the byelaw available. 3 Before it makes a byelaw to which this section applies, an authority must – a publish on the authority's website an initial written statement which describes the issue which the authority thinks may be addressed by making a byelaw; b consult any person (including, where applicable, a community council) who the authority thinks is likely to be interested in, or affected by, the issue. 4 Following the consultation, the authority must consider the responses and decide whether making a byelaw is the most appropriate way of addressing the issue. 5 The authority must then publish on its website a second written statement which contains – a the initial written statement; b a summary of the consultation and the responses; c its decision; d the reasons for that decision. 6 Byelaws made by the legislating authority must be submitted to the confirming authority and do not have effect unless and until they are confirmed by the confirming authority. 7 At least six weeks before the byelaw is submitted for confirmation, notice of the legislating authority's intention to to do so must be published – a in one or more local newspapers circulating in the area to which the byelaw is to apply; b on the authority's website. 8 For at least six weeks before the byelaw is submitted for confirmation, the legislating authority must ensure that – a the byelaw is published on the authority's website; b a copy of the byelaw is deposited at a place in the authority's area (and, in the case of a byelaw made by the Natural Resources Body for Wales under the National Parks and Access to the Countryside Act 1949, at a place in the area of each council of a county or county borough to whose area the byelaw applies); c where applicable, a copy is sent to all community councils whose area the authority thinks is likely to be affected by the byelaw; d a copy is open to public inspection at all reasonable hours without payment. 9 The legislating authority must give a copy of the byelaw to any person who applies for it, subject to that person paying such reasonable fee charged by the authority (if any). 10 The confirming authority may confirm, or refuse to confirm, any byelaw submitted to it under this section. 11 For the purposes of this Act, the confirming authority is – a the person specified in the enactment under which the byelaws are made as the person who is to confirm the byelaws, or b if no person is specified, the Welsh Ministers. 12 The functions of the Welsh Ministers under subsection (11)(b) are exercisable concurrently with the Secretary of State. Formalities, commencement and publication of byelaws 8 1 This section applies to byelaws made by a legislating authority under any enactment. 2 But this section does not apply to the extent that the enactment conferring the power to make the byelaw makes different provision in relation to one or more of the following – a signature or sealing of the byelaw; b publication of the byelaw; c making copies of the byelaw available. 3 Byelaws made by a legislating authority must be made under the common seal of the authority, or, in the case of byelaws made by a community council not having a seal, signed by two members of the council. 4 Byelaws come into effect on the date fixed by the legislating authority, or if they require confirmation, by the confirming authority. If no date is fixed, they come into effect at the end of one month from the date they are made (or confirmed, as applicable). 5 The legislating authority which makes the byelaw must – a publish the byelaw on the authority's website when made, or if it requires confirmation, when confirmed; b deposit a copy of the byelaw at a place in the authority's area; c ensure that the copy is open to public inspection at all reasonable hours without payment; d give a copy of the byelaw to a person who requests it, subject to that person paying such reasonable fee charged by the authority (if any). 6 The proper officer of a county borough council or county council must send a copy of a byelaw once made, or where required once confirmed, to the proper officer of the council of every community to which the byelaw applies. 7 In the case of byelaws made by a National Park authority, the proper officer of the authority must send a copy of a byelaw once made, or where required once confirmed, to the proper officer of – a the council for every county borough or county whose area includes the whole or part of the National Park; b the council of every community whose area includes the whole or part of the National Park. 8 In the case of byelaws made by the Natural Resources Body for Wales under the National Parks and Access to the Countryside Act 1949, the Body must ensure that it sends a copy of a byelaw once made, or where required once confirmed, to the proper officer of – a the council of every county borough or county to whose area the byelaw applies; b the council of every community to whose area the byelaw applies. 9 The proper officer of the community council must – a arrange for a copy of a byelaw sent to the officer to be deposited with the public documents of the community; b ensure that the copy is open to public inspection at all reasonable hours without payment. 10 In subsections (6) to (9) the “proper officer” is the officer duly authorised for that purpose by that body. Power to amend Part 1 of Schedule 1 9 The Welsh Ministers may by order amend Part 1 of Schedule 1 (byelaws not requiring confirmation) by adding to or subtracting from the list of enactments, or by amending the type of authority that may make byelaws without confirmation. Enforcement of byelaws Offences against byelaws 10 1 Byelaws made by a legislating authority under any enactment may provide that persons contravening the byelaws are liable on summary conviction to a fine. 2 The fine must not exceed either – a the sum fixed by the enactment which confers the power to make the byelaws, or b if no sum is so fixed, level 2 on the standard scale. 3 In the case of a continuing offence, the byelaws may provide that the offender is liable on summary conviction to a further fine. 4 The further fine must not exceed either – a the sum fixed by the enactment which confers the power to make the byelaws, or b if no sum is so fixed, the sum of £5 for each day during which the offence continues after conviction for that offence. Section 2 byelaws; powers of seizure etc 11 A byelaw made under section 2 may include provision for or in connection with – a the seizure and retention of any property in connection with any contravention of the byelaw, and b the forfeiture of any such property on a person's conviction of an offence of contravention of the byelaw. Fixed penalty notices Power to offer fixed penalties for offences against certain byelaws 12 1 This section applies to byelaws made by a legislating authority under the enactments listed in Part 2 of Schedule 1 (byelaws in relation to which fixed penalties may be issued). 2 If an authorised officer of a legislating authority has reason to believe that a person has committed an offence against a byelaw made by that authority, the officer may give a notice to the person offering the opportunity of discharging any liability to conviction for the offence by payment of a fixed penalty. 3 If an authorised officer of a community council has reason to believe that a person has committed an offence in its area against a byelaw made by a legislating authority other than the community council, the officer may give that person a notice offering the person the opportunity of discharging any liability to conviction for the offence by payment of a fixed penalty. 4 A fixed penalty under this section is payable to the authority whose officer gave the notice. 5 Where a person is given a notice under this section in respect of an offence – a no proceedings may be instituted for the offence before the end of the period of 14 days following the date of the notice, and b the person may not be convicted of the offence if the person pays the fixed penalty before the end of that period. 6 A notice under this section must give such particulars of the circumstances alleged to constitute the offence as are necessary to explain why an offence has occurred. 7 A notice under this section must also state – a the period under subsection (5) during which proceedings will not be taken for the offence; b the amount of the fixed penalty; c the person to whom and the address at which the fixed penalty may be paid. 8 Without prejudice to payment by any other method, payment of the fixed penalty may be made by pre-paying and posting a letter containing the amount of the penalty (in cash or otherwise) to the person referred to, at the address provided, in the notice. 9 If a letter is sent, payment is to be regarded as having been made at the time at which that letter would be delivered in the ordinary course of post. 10 The Welsh Ministers may by regulations specify the form of a notice under this section. 11 In any proceedings a certificate which – a purports to be signed on behalf of the chief finance officer of an authority, and b states that payment of a fixed penalty was or was not received by a date specified in the certificate, is evidence of the facts stated. 12 In this section – “ authorised officer ”, in relation to an authority, means – an employee of the authority who is authorised in writing by the authority for the purpose of giving notices under this section, any person who, in pursuance of arrangements made with the authority, has the function of giving such notices and is authorised in writing by the authority to perform the function, and any employee of such a person who is authorised in writing by the authority for the purpose of giving such notices; “ chief finance officer ”, in relation to an authority, means the person having responsibility for the financial affairs of the authority. 13 The Welsh Ministers may by regulations prescribe conditions to be satisfied by a person before a community council may authorise the person in writing for the purpose of giving notices under this section. Amount of fixed penalty 13 1 A legislating authority may – a specify the amount of a fixed penalty payable in pursuance of a notice under section 12; b specify different amounts in relation to different byelaws. 2 If no amount is so specified, the amount of the fixed penalty is £75. 3 The Welsh Ministers may by regulations make provision in connection with the powers under subsection (1). 4 Regulations under subsection (3) may, in particular – a require an amount specified under subsection (1)(a) to fall within a range prescribed in the regulations; b restrict the extent to which, and the circumstances in which, an authority can make provision under subsection (1)(b). 5 The Welsh Ministers may by order substitute a different amount for the amount for the time being specified in subsection (2). Power to require name and address in connection with fixed penalty 14 1 If an authorised officer proposes to give a person a notice under section 12, the officer may require the person to give his or her name and address. 2 A person commits an offence if that person – a without reasonable excuse, fails to give his or her name and address when required to do so, or b gives a false or inaccurate name or address in response to a requirement under that subsection. 3 A person guilty of an offence under subsection (2) is liable on summary conviction to a fine not exceeding level 3 on the standard scale. 4 In this section, “ authorised officer ” has the same meaning as in section 12. Use of fixed penalty receipts 15 1 The authority must have regard to the desirability of using its fixed penalty receipts for the purpose of combating a nuisance for the prevention of which a byelaw was made by the authority. 2 “ Fixed penalty receipts ” means amounts paid to an authority in pursuance of notices under section 12. Power to amend Part 2 of Schedule 1 16 The Welsh Ministers may by order amend Part 2 of Schedule 1 (byelaws in relation to which fixed penalty notices may be issued) by adding to or subtracting from the list of enactments, or by amending the type of authority that may offer fixed penalty notices. Community Support Officers etc 17 1 The Police Reform Act 2002 is amended as follows. 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 In Schedule 5 (powers exercised by accredited persons) – a in paragraph 1A(3) after “1972” insert “ or under section 12 of the Local Government Byelaws (Wales) Act 2012 ” ; b in paragraph 1A(5)(a) after “1972” insert “ or to which section 12 of the Local Government Byelaws (Wales) Act 2012 ” . Miscellaneous and general Guidance 18 1 The Welsh Ministers may give guidance to legislating authorities about – a the making of byelaws to which section 6 or 7 applies; b the procedure for making byelaws; c the enforcement of byelaws; d anything related to these matters including – i consultation and publication requirements; ii the use of fixed penalties. 2 A legislating authority must have regard to the guidance when making or enforcing byelaws. Evidence of byelaws 19 1 The production of a certified copy of a byelaw purporting to be made by a legislating authority is, until the contrary is proved, sufficient evidence of the facts stated in the certificate. 2 For the purposes of this section, a certified copy of a byelaw is a printed copy of the byelaw that is endorsed with a certificate purporting to be signed by the proper officer of a legislating authority stating – a that the byelaw was made by the authority; b that the copy is a true copy of the byelaw; c that on a specified date the byelaw was confirmed by the authority named in the certificate or, as the case may be, was sent to the confirming authority and has not been disallowed; d the date, if any, fixed by the confirming authority for the coming into effect of the byelaw. 3 The requirements in paragraphs (c) and (d) of subsection (2) do not apply if the byelaw was not subject to confirmation after it was made. Consequential amendments 20 Schedule 2 (minor and consequential amendments) has effect. Orders and regulations 21 1 A power to make an order or regulations under this Act (apart from an order under section 22 (commencement)) includes power to make such incidental, consequential, transitional or supplemental provision as the Welsh Ministers consider appropriate. 2 In the case of the power under sections 9 and 16, this provision includes provision amending, repealing or revoking enactments. 3 Any power of the Welsh Ministers to make an order or regulations under this Act is exercisable by statutory instrument. 4 A statutory instrument containing an order under section 9, 13(5) or 16 may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales. 5 Any other statutory instrument containing an order or regulations under this Act, apart from an instrument containing only an order under section 22 (commencement), is subject to annulment in pursuance of a resolution of the National Assembly for Wales. Commencement 22 1 The following provisions come into force on the day after the day on which this Act receives Royal Assent – a section 18(1); b section 21; c this section; d section 23. 2 The other provisions of this Act come into force on such day as the Welsh Ministers may by order appoint. 3 An order under subsection (2) – a may appoint different days for different purposes; b may include transitional, saving or transitory provision. Short title 23 The short title of this Act is the Local Government Byelaws (Wales) Act 2012. SCHEDULE 1 LISTS OF BYELAW MAKING POWERS (introduced by sections 6 and 12) PART 1 BYELAWS NOT REQUIRING CONFIRMATION 1 Section 6 applies to byelaws made – a under the enactments listed in the first column of table 1, b in relation to the subject matter listed in the second column of table 1, c by the type of authority listed in the third column of table 1. TABLE 1 Enactment under which byelaws are made Subject-matter of byelaws Type of authority by whom the byelaws are made Section 68 of the Town Police Clauses Act 1847 Regulation of hackney carriages County council and county borough council Section 164 of the Public Health Act 1875 Public walks and pleasure grounds County council, county borough council and community council Section 6 of the Town Police Clauses Act 1889 Regulation of horse drawn omnibuses County council and county borough council Sections 12 and 15 of the Open Spaces Act 1906 Open spaces and burial grounds County council, county borough council and community council Section 82 of the Public Health Acts Amendment Act 1907 Sea-shore County council and county borough council Section 83 of the Public Health Acts Amendment Act 1907 Promenades County council and county borough council Section 81 of the Public Health Act 1936 Prevention of certain nuisances County council and county borough council Section 82 of the Public Health Act 1936 Removal through streets of offensive matter or liquid County council and county borough council . . . . . . . . . Section 198 of the Public Health Act 1936 Provision of mortuaries and post-mortem rooms County council, county borough council and community council Section 223 of the Public Health Act 1936 Regulation of baths, washhouses, swimming baths etc County council, county borough council and community council Section 231 of the Public Health Act 1936 Public bathing County council, county borough council and community council Section 233 of the Public Health Act 1936 With respect to swimming baths and bathing pools not under the management of a local authority County council, county borough council and community council Section 268 of the Public Health Act 1936 Prevention of nuisances in connection with the use of tents, vans etc County council and county borough council Section 270 of the Public Health Act 1936 Accommodation of hop-pickers and persons engaged in similar work County council and county borough council Section 75 of the Public Health Act 1961 Pleasure fairs and roller skating rinks County council and county borough council Section 76 of the Public Health Act 1961 Seaside pleasure boats County council and county borough council Section 77 of the Public Health Act 1961 Hairdressers and barbers County council and county borough council Section 19 of the Public Libraries and Museums Act 1964 Regulating the conduct of persons in libraries and museums and the use of those facilities County council and county borough council Section 41 of the Glamorgan County Council Act 1973 Heating undertakings County council and county borough council Section 35 of the Highways Act 1980 Regulation of walkways County council and county borough council Section 114 of the Highways Act 1980 Conduct of persons using or entering public conveniences provided by highway authorities County council and county borough council Section 14 of the Local Government (Miscellaneous Provisions) Act 1982 Acupuncture County council and county borough council Section 15 of the Local Government (Miscellaneous Provisions) Act 1982 Tattooing, semi-permanent skin colouring, cosmetic piercing and electrolysis County council and county borough council Section 60 of the Food Act 1984 Regulation and prevention of nuisances in market places County council, county borough council and community council Section 31 of the Road Traffic Regulation Act 1984 Use of a road as a playground for children County council and county borough council Section 57(7) of the Road Traffic Regulation Act 1984 Use of parking places Community council Section 41 of the Clwyd County Council Act 1985 Leisure centres County council and county borough council Section 42 of the Clwyd County Council Act 1985 Temporary structures County council and county borough council Section 23 of the Housing Act 1985 Management, use and regulation of local authority houses, the use of land provided in connection with housing and as respects local authority lodging houses County council and county borough council Section 53 of the Swansea City Council (Tawe Barrage) Act 1986 Upstream river County council (Swansea) Section 31 of the Mid Glamorgan County Council Act 1987 Porthcawl Harbour County borough council (Bridgend) Section 14 of the West Glamorgan Act 1987 Leisure centres County council and county borough council Section 36 of the West Glamorgan Act 1987 Policing and control of pedestrian ways County council and county borough council Section 41 of the West Glamorgan Act 1987 Temporary structures County council and county borough council Section 63 of the West Glamorgan Act 1987 Swansea Market County council (Swansea) Section 45 of the Dyfed Act 1987 Temporary structures County council and county borough council Section 16 of the Cardiff Bay Barrage Act 1993 Good rule and government of inland bay and harbour County council (Cardiff) Section 2 of this Act Good rule and government and the prevention and suppression of nuisances County council and county borough council Section 4(1) of this Act in so far as it applies to byelaws made under any of the enactments listed in Part 1 of Schedule 1 Power to revoke byelaws Legislating authority Section 117 of the Public Health (Wales) Act 2017 Regulating the conduct of persons in toilets County council, county borough council and community council PART 2 BYELAWS IN RELATION TO WHICH FIXED PENALTIES MAY BE ISSUED 2 Section 12 applies to byelaws made – a under the enactments listed in the first column of table 2, b in relation to the subject matter listed in the second column of table 2, c by the type of authority listed in the third column of table 2. TABLE 2 Enactment under which byelaws are made Subject-matter of byelaws Type of authority by whom the byelaws are made Section 68 of the Town Police Clauses Act 1847 Regulation of hackney carriages County council and county borough council Section 164 of the Public Health Act 1875 Public walks and pleasure grounds County council, county borough council and community council Section 6 of the Town Police Clauses Act 1889 Regulation of horse drawn omnibuses County council and county borough council Sections 12 and 15 of the Open Spaces Act 1906 Open spaces and burial grounds County council, county borough council and community council Section 82 of the Public Health Acts Amendment Act 1907 Sea-shore County council and county borough council Section 83 of the Public Health Acts Amendment Act 1907 Promenades County council and county borough council Section 18 of the Children and Young Persons Act 1933 Restrictions on employment of children County council and county borough council Section 20 of the Children and Young Persons Act 1933 Restrictions on the engagement or employment of children in street trading County council and county borough council Section 81 of the Public Health Act 1936 Prevention of certain nuisances County council and county borough council Section 82 of the Public Health Act 1936 Removal through streets of offensive matter or liquid County council and county borough council . . . . . . . . . Section 198 of the Public Health Act 1936 Provision of mortuaries and post-mortem rooms County council, county borough council and community council Section 223 of the Public Health Act 1936 Regulation of baths, washhouses, swimming baths etc County council, county borough council and community council Section 231 of the Public Health Act 1936 Public bathing County council, county borough council and community council Section 233 of the Public Health Act 1936 With respect to swimming baths and bathing pools not under the management of a local authority County council, county borough council and community council Section 268 of the Public Health Act 1936 Prevention of nuisances in connection with the use of tents, vans etc County council and county borough council Section 270 of the Public Health Act 1936 Accommodation of hop-pickers and persons engaged in similar work County council and county borough council Section 75 of the Public Health Act 1961 Pleasure fairs and roller skating rinks County council and county borough council Section 76 of the Public Health Act 1961 Seaside pleasure boats County council and county borough council Section 77 of the Public Health Act 1961 Hairdressers and barbers County council and county borough council Section 19 of the Public Libraries and Museums Act 1964 Regulating the conduct of persons in libraries and museums and the use of those facilities County council and county borough council Section 35 of the Highways Act 1980 Regulation of walkways County council and county borough council Section 114 of the Highways Act 1980 Conduct of persons using or entering public conveniences provided by highway authorities County council and county borough council Section 14 of the Local Government (Miscellaneous Provisions) Act 1982 Acupuncture County council and county borough council Section 15 of the Local Government (Miscellaneous Provisions) Act 1982 Tattooing, semi-permanent skin colouring, cosmetic piercing and electrolysis County council and county borough council Section 60 of the Food Act 1984 Regulation and prevention of nuisances in market places County council, county borough council and community council Section 31 of the road Traffic Regulation Act 1984 Use of a road as a playground for children County council and county borough council Section 57(7) of the Road Traffic Regulation Act 1984 Use of parking places Community council Section 41 of the Clwyd County Council Act 1985 Leisure centres County council and county borough council Section 42 of the Clwyd County Council Act 1985 Temporary structures County council and county borough council Section 23 of the Housing Act 1985 Management, use and regulation of local authority houses, the use of land provided in connection with housing and as respects local authority lodging houses County council and county borough council Section 53 of the Swansea City Council (Tawe Barrage) Act 1986 Upstream river County council (Swansea) Section 31 of the Mid Glamorgan County Council Act 1987 Porthcawl Harbour County borough council (Bridgend) Section 14 of the West Glamorgan Act 1987 Leisure centres County council and county borough council Section 36 of the West Glamorgan Act 1987 Policing and control of pedestrian ways County council and county borough council Section 41 of the West Glamorgan Act 1987 Temporary structures County council and county borough council Section 63 of the West Glamorgan Act 1987 Swansea Market County council (Swansea) Section 45 of the Dyfed Act 1987 Temporary structures County council and county borough council Section 16 of the Cardiff Bay Barrage Act 1993 Good rule and government of inland bay and harbour County council (Cardiff) Section 2 of this Act Good rule and government and the prevention and suppression of nuisances County council and county borough council Section 117 of the Public Health (Wales) Act 2017 Regulating the conduct of persons in toilets County council, county borough council and community council SCHEDULE 2 MINOR AND CONSEQUENTIAL AMENDMENTS (introduced by section 20) Public Health Act 1875 1 In section 184 of the Public health Act 1875 (confirmation of byelaws) after “local authority” insert “ in England ” . Commons Act 1899 2 1 Section 10 of the Commons Act 1899 (byelaws) (as amended by section 50(7) of the Commons Act 2006 when brought into force) is amended as follows. 2 In subsection (2), after “apply” omit “all byelaws under this section” and insert “ byelaws under this section made by a council in England ” . 3 After subsection (2) insert – 3 Sections 7, 8, 10 and 19 of the Local Government Byelaws (Wales) Act 2012 (which relate to the procedure for making byelaws, authorise byelaws to impose fines not exceeding level 2 on the standard scale, and provide proof of byelaws in legal proceedings) apply to byelaws under this section made by a council in Wales. . Open Spaces Act 1906 3 In section 15(2) of the Open Spaces Act 1906 (byelaws) after “any local authority” insert “ in England ” . Public Health Acts Amendment Act 1907 4 1 The Public Health Acts Amendment Act 1907 is amended as follows. 2 In section 9 (byelaws) after “byelaws made” insert “ by a local authority in England ” . 3 In section 82 (byelaws as to sea-shore), after the words “Provided that” insert “ , in the case of byelaws made by a local authority in England, ” . National Parks and Access to the Countryside Act 1949 5 1 The National Parks and Access to the Countryside Act 1949 is amended as follows. 2 In section 106 (supplementary provisions as to byelaws) after subsection (4) insert – 5 This section does not apply to byelaws made under this Act by the Countryside Council for Wales. . 3 After section 106 insert – Supplementary provisions as to byelaws made by the Countryside Council for Wales 106A 1 Sections 3 to 19 of the Local Government Byelaws (Wales) Act 2012 shall apply to all byelaws made by the Countryside Council for Wales under this Act. 2 The confirming authority for the purposes of section 7 of the 2012 Act is the Welsh Ministers. . Public Health Act 1961 6 1 The Public Health Act 1961 is amended as follows. 2 In section 75 (byelaws as to pleasure fairs and roller skating rinks) – a in subsection (8) after the words “as respects byelaws” insert “ made by a local authority in England ” . b after subsection (8) insert – 9 A local authority in Wales which proposes to make a byelaw under this section must consult the appropriate representative bodies on the matters dealt with by the proposed byelaw. 10 For the purposes of subsection (9), “the appropriate representative bodies” are those bodies which appear to the authority to be representative of the interests of those who carry on pleasure fairs and entertainments to which this section applies. 11 A local authority in Wales making a byelaw in pursuance of subsection (1)(d) of this section must consult the relevant fire and rescue authority on the matters dealt with by the proposed byelaw. 12 For the purposes of subsection (11) “the relevant fire and rescue authority” is the fire and rescue authority under the Fire and Rescue Services Act 2004 for the area to which the byelaw applies. . 3 In section 76(2) (byelaws as to seaside pleasure boats) after the words “byelaws made” insert “ by a local authority in England ” . 4 In section 77(3) (byelaws as to hairdressers and barbers) after “byelaws” insert “ made by a local authority in England ” . Public Libraries and Museums Act 1964 7 1 Section 19 of the Public Libraries and Museums Act 1964 (byelaws in relation to libraries and museums) is amended as follows. 2 In subsection (1) after the words “so made” insert “ by a local authority in England ” . 3 In subsection (2) after the words in brackets insert “ and section 10 of the Local Government Byelaws (Wales) Act 2012 ” . 4 In subsection (3) after the words in brackets insert “ and section 8(5) of the Local Government Byelaws (Wales) Act 2012 (as applicable) ” . Countryside Act 1968 8 1 The Countryside Act 1968 is amended as follows. 2 In section 8 (country parks: sailing, boating, bathing and fishing) – a in subsection (5), omit “Section 106 of the Act of 1949 (supplementary provisions as to byelaws) shall have effect as if byelaws under this subsection were byelaws under that Act.”, b after subsection (5), insert – 5A In the case of byelaws made by a local authority in England, section 106 of the Act of 1949 (supplementary provisions as to byelaws) shall have effect as if byelaws under subsection (5) were byelaws under that Act. 5B In the case of byelaws made by a local authority in Wales – a sections 3 to 19 of the Local Government Byelaws (Wales) Act 2012 apply, and b the confirming authority for the purposes of section 7 of that Act is the Welsh Ministers. . 3 In section 12 (facilities in or near National Parks) – a in subsection (5), omit “Section 106 of the Act of 1949 (supplementary provisions as to byelaws) shall have effect as if byelaws under this subsection were byelaws under that Act.”, b after subsection (5), insert – 5A In the case of byelaws made by a local planning authority in England, section 106 of the Act of 1949 (supplementary provisions as to byelaws) shall have effect as if byelaws under subsection (5) were byelaws under that Act. 5B In the case of byelaws made by a local planning authority in Wales – a sections 3 to 19 of the Local Government Byelaws (Wales) Act 2012 apply, and b the confirming authority for the purposes of section 7 of that Act is the Welsh Ministers. . 4 In section 13 (lakes in National Parks: control of boats etc) – a in subsection (8), at the beginning, insert “ In the case of byelaws made by a local planning authority in England, ” , b after subsection (8), insert – 8A In the case of byelaws made by a local planning authority in Wales – a sections 3 to 19 of the Local Government Byelaws (Wales) Act 2012 apply, and b the confirming authority for the purposes of section 7 of that Act is the Welsh Ministers. . 5 In section 41 (powers to make byelaws and related provisions about wardens) – a in subsection (7), at the beginning, insert “ In the case of byelaws made by a local planning authority in England, or by Natural England, ” , b after subsection (7), insert – 7A In the case of byelaws made by a local planning authority in Wales, or by the Council – a sections 3 to 19 of the Local Government Byelaws (Wales) Act 2012 apply, and b the confirming authority for the purposes of section 7 of that Act is the Welsh Ministers. . Local Government Act 1972 9 1 The Local Government Act 1972 is amended as follows. 2 In section 235(1) (powers of councils to make byelaws for good rule and government etc) – a omit “the council of a principal area in Wales”; b after the second “district” omit “principal area”. 3 In section 236 (procedure etc for byelaws) – a in subsection (1) after “local authority” in each case insert “ in England ” ; b in subsection (3), omit “or community”; c in subsection (9) – i omit “or in Wales of a principal council”; ii omit the words “or community” in each case where they appear; d omit subsection (10A). 4 In section 236B (revocation of byelaws) – a in subsection (1)(a) after “local authority” insert “ in England ” ; b in subsection (4) – i omit paragraph (a); ii in paragraph (b), omit “in relation to any other byelaw,”; c omit subsections (6), (10) and (11). 5 In section 238 (evidence of byelaws) after “local authority” insert “ in England ” . Local Government (Miscellaneous Provisions) Act 1976 10 1 Section 65 of the Local government (Miscellaneous Provisions) Act 1976 (fixing fares for hackney carriages) is amended as follows. 2 In subsection (7) – a after “this section” insert “ by a district council in England ” ; b after “district council” insert “ in England ” . 3 After subsection (7) insert – 7A Section 8(5) and section 19 of the Local Government Byelaws (Wales) Act 2012 shall extend and apply to a table of fares made or varied under this section by a council for a county or county borough in Wales as they apply to byelaws made by a council for a county or county borough in Wales. . Wildlife and Countryside Act 1981 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Food Act 1984 12 In section 121(1) of the Food Act 1984 (byelaws) after “Act” insert “ by a local authority in England ” . Road Traffic Regulation Act 1984 13 1 The Road Traffic Regulation Act 1984 is amended as follows. 2 In section 31(2) (byelaws with respect to roads used as playgrounds) after “this section” insert “ made by a local traffic authority in England ” . 3 In section 57(7) (byelaws with respect to the use of parking places) after “Secretary of State” insert “ , in the case of byelaws made by a parish council ” . Land Drainage Act 1991 14 1 Section 66 of the Land Drainage Act 1991 (powers to make byelaws) is amended as follows. 2 In subsection (5) omit paragraph (c). 3 After subsection (5) insert – 5A In the case of byelaws made by a local authority in relation to any area of Wales, byelaws under this section shall not be valid until they are confirmed by the Welsh Ministers. 5B Sections 7 and 8 of the Local Government Byelaws (Wales) Act 2012 shall have effect in relation to byelaws under this section made by a local authority in Wales. . Cardiff Bay Barrage Act 1993 15 In section 16 of the Cardiff Barrage Act 1993 (byelaws) omit subsections (8), (9) and (10). Environment Act 1995 16 1 Paragraph 17 of Schedule 7 to the Environment Act 1995 (documents, notices, records, byelaws etc) is amended as follows. 2 In sub-paragraph 2(e) after “Act,” insert “ in the case of National Park authorities in England, ” . 3 In sub-paragraph (5) after “National Park authority” insert “ in England ” . National Assembly for Wales (Transfer of Functions) Order 1999 ( SI 1999/672) 17 1 Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 (SI 1999/672) (enactments conferring functions transferred by article 2) is amended as follows. 2 Under the heading “Local Government Act 1972” – a omit the words “It is directed that the functions of the Secretary of State under section 236(11) and paragraph 25 of Schedule 14 shall be exercisable by the Assembly concurrently with the Secretary of State”; b omit the words “Section 238 shall have effect as if after “the Secretary of State” there were inserted “ or, as the case may be, the National Assembly for Wales ” ”. Countryside and Rights of Way Act 2000 18 1 Section 17 of the Countryside and Rights of Way Act 2000 (byelaws) is amended as follows. 2 In subsection (5) after “this section” insert “ made by an access authority in England ” . 3 After subsection (5) insert – 5A Sections 7, 8, 10 and 19 of the Local Government Byelaws (Wales) Act 2012 apply to all byelaws under this section made by an access authority in Wales. . S. 18 partly in force; s. 18 not in force at Royal Assent; s. 18(1) in force at 30.11.2012, see s. 22(1)(a) Words in Sch. 2 para. 9(4) substituted (30.9.2013) by Local Government (Democracy) (Wales) Act 2013 (anaw 4) , s. 75(2)(d) , Sch. 1 para. 6 S. 9 in force at 15.8.2014 by S.I. 2014/2121 , art. 2(a) S. 12(13) in force at 15.8.2014 by S.I. 2014/2121 , art. 2(b) S. 13(3) (4) in force at 15.8.2014 by S.I. 2014/2121 , art. 2(c)(d) S. 16 in force at 15.8.2014 by S.I. 2014/2121 , art. 2(e) Words in Sch. 1 Pt. 1 Table 1 inserted (19.11.2014) by The Local Government Byelaws (Wales) Act 2012 (Amendment) Order 2014 (No. 3111) , arts. 1(2) , 2(5) Words in Sch. 1 Pt. 2 Table 2 inserted (19.11.2014) by The Local Government Byelaws (Wales) Act 2012 (Amendment) Order 2014 (No. 3111) , arts. 1(2) , 3(4) Words in Sch. 1 Pt. 1 Table 1 inserted (19.11.2014) by The Local Government Byelaws (Wales) Act 2012 (Amendment) Order 2014 (No. 3111) , arts. 1(2) , 2(2) Words in Sch. 1 Pt. 1 Table 1 inserted (19.11.2014) by The Local Government Byelaws (Wales) Act 2012 (Amendment) Order 2014 (No. 3111) , arts. 1(2) , 2(3) Words in Sch. 1 Pt. 1 Table 1 inserted (19.11.2014) by The Local Government Byelaws (Wales) Act 2012 (Amendment) Order 2014 (No. 3111) , arts. 1(2) , 2(4) Words in Sch. 1 Pt. 2 Table 2 inserted (19.11.2014) by The Local Government Byelaws (Wales) Act 2012 (Amendment) Order 2014 (No. 3111) , arts. 1(2) , 3(2) Words in Sch. 1 Pt. 2 Table 2 inserted (19.11.2014) by The Local Government Byelaws (Wales) Act 2012 (Amendment) Order 2014 (No. 3111) , arts. 1(2) , 3(3) S. 1 in force at 31.3.2015 by S.I. 2015/1025 , art. 2(a) S. 2 in force at 31.3.2015 by S.I. 2015/1025 , art. 2(b) (with art. 3 ) S. 3 in force at 31.3.2015 by S.I. 2015/1025 , art. 2(c) S. 4 in force at 31.3.2015 by S.I. 2015/1025 , art. 2(d) (with art. 3 ) S. 5 in force at 31.3.2015 by S.I. 2015/1025 , art. 2(e) S. 6 in force at 31.3.2015 by S.I. 2015/1025 , art. 2(f) (with art. 3 ) S. 7 in force at 31.3.2015 by S.I. 2015/1025 , art. 2(g) (with art. 3 ) S. 8 in force at 31.3.2015 by S.I. 2015/1025 , art. 2(h) (with art. 3 ) S. 10 in force at 31.3.2015 by S.I. 2015/1025 , art. 2(i) S. 11 in force at 31.3.2015 by S.I. 2015/1025 , art. 2(j) S. 12(1)-(12) in force at 31.3.2015 by S.I. 2015/1025 , art. 2(k) S. 13(1) (2) (5) in force at 31.3.2015 by S.I. 2015/1025 , art. 2(l) S. 14 in force at 31.3.2015 by S.I. 2015/1025 , art. 2(m) S. 15 in force at 31.3.2015 by S.I. 2015/1025 , art. 2(n) S. 17 in force at 31.3.2015 by S.I. 2015/1025 , art. 2(o) S. 18(2) in force at 31.3.2015 by S.I. 2015/1025 , art. 2(p) S. 19 in force at 31.3.2015 by S.I. 2015/1025 , art. 2(q) S. 20 in force at 31.3.2015 by S.I. 2015/1025 , art. 2(r) (with art. 3 ) Sch. 1 para. 1 in force at 31.3.2015 by S.I. 2015/1025 , art. 2(f) (with art. 3 ) Sch. 1 para. 2 in force at 31.3.2015 by S.I. 2015/1025 , art. 2(k) (with art. 3 ) Sch. 2 para. 1 in force at 31.3.2015 by S.I. 2015/1025 , art. 2(r) (with art. 3 ) Sch. 2 para. 2 in force at 31.3.2015 by S.I. 2015/1025 , art. 2(r) (with art. 3 ) Sch. 2 para. 3 in force at 31.3.2015 by S.I. 2015/1025 , art. 2(r) (with art. 3 ) Sch. 2 para. 4 in force at 31.3.2015 by S.I. 2015/1025 , art. 2(r) (with art. 3 ) Sch. 2 para. 5 in force at 31.3.2015 by S.I. 2015/1025 , art. 2(r) (with art. 3 ) Sch. 2 para. 6 in force at 31.3.2015 by S.I. 2015/1025 , art. 2(r) (with art. 3 ) Sch. 2 para. 7 in force at 31.3.2015 by S.I. 2015/1025 , art. 2(r) (with art. 3 ) Sch. 2 para. 8 in force at 31.3.2015 by S.I. 2015/1025 , art. 2(r) (with art. 3 ) Sch. 2 para. 9(1)-(3)(5) in force at 31.3.2015 by S.I. 2015/1025 , art. 2(r) (with art. 3 ) Sch. 2 para. 10 in force at 31.3.2015 by S.I. 2015/1025 , art. 2(r) (with art. 3 ) Sch. 2 para. 12 in force at 31.3.2015 by S.I. 2015/1025 , art. 2(r) (with art. 3 ) Sch. 2 para. 13 in force at 31.3.2015 by S.I. 2015/1025 , art. 2(r) (with art. 3 ) Sch. 2 para. 14 in force at 31.3.2015 by S.I. 2015/1025 , art. 2(r) (with art. 3 ) Sch. 2 para. 15 in force at 31.3.2015 by S.I. 2015/1025 , art. 2(r) (with art. 3 ) Sch. 2 para. 16 in force at 31.3.2015 by S.I. 2015/1025 , art. 2(r) (with art. 3 ) Sch. 2 para. 17 in force at 31.3.2015 by S.I. 2015/1025 , art. 2(r) (with art. 3 ) Sch. 2 para. 18 in force at 31.3.2015 by S.I. 2015/1025 , art. 2(r) (with art. 3 ) Words in s. 3(d) substituted (21.5.2016) by Environment (Wales) Act 2016 (anaw 3) , s. 88(2)(g) , Sch. 2 para. 30(2) Words in s. 7(8)(b) substituted (21.5.2016) by Environment (Wales) Act 2016 (anaw 3) , s. 88(2)(g) , Sch. 2 para. 30(3) Words in s. 8(8) substituted (21.5.2016) by Environment (Wales) Act 2016 (anaw 3) , s. 88(2)(g) , Sch. 2 para. 30(4)(a) Words in s. 8(8) substituted (21.5.2016) by Environment (Wales) Act 2016 (anaw 3) , s. 88(2)(g) , Sch. 2 para. 30(4)(b) Sch. 2 para. 11 omitted (21.5.2016) by virtue of Environment (Wales) Act 2016 (anaw 3) , s. 88(2)(g) , Sch. 2 para. 30(5) S. 17(2) omitted (31.1.2017 for specified purposes, 15.12.2017 in so far as not already in force) by virtue of Policing and Crime Act 2017 (c. 3) , s. 183(1)(5)(e) , Sch. 12 para. 30 ; S.I. 2017/1139 , art. 2(k) (as amended by S.I. 2017/1162 , reg. 2 ) Sch. 2 para. 9(4) in force at 8.5.2018 by S.I. 2018/550 , art. 2 Words in Sch. 1 Pt. 1 Table 1 omitted (31.5.2018) by virtue of Public Health (Wales) Act 2017 (anaw 2) , s. 126(2) , Sch. 4 para. 3(2) ; S.I. 2018/605 , art. 2(b) Words in Sch. 1 Pt. 1 Table 1 inserted (31.5.2018) by Public Health (Wales) Act 2017 (anaw 2) , s. 126(2) , Sch. 4 para. 3(3) ; S.I. 2018/605 , art. 2(b) Words in Sch. 1 Pt. 2 Table 2 omitted (31.5.2018) by virtue of Public Health (Wales) Act 2017 (anaw 2) , s. 126(2) , Sch. 4 para. 3(2) ; S.I. 2018/605 , art. 2(b) Words in Sch. 1 Pt. 2 Table 2 inserted (31.5.2018) by Public Health (Wales) Act 2017 (anaw 2) , s. 126(2) , Sch. 4 para. 3(3) ; S.I. 2018/605 , art. 2(b) Words in Sch. 1 Pt. 1 Table 1 omitted (13.9.2024 for specified purposes) by virtue of Public Health (Wales) Act 2017 (anaw 2) , s. 126(2) , Sch. 3 para. 23(a) ; S.I. 2024/938 , art. 2(1)(k) Words in Sch. 1 Pt. 1 Table 1 omitted (13.9.2024 for specified purposes) by virtue of Public Health (Wales) Act 2017 (anaw 2) , s. 126(2) , Sch. 3 para. 23(b) ; S.I. 2024/938 , art. 2(1)(k) Words in Sch. 1 Pt. 2 Table 2 omitted (13.9.2024 for specified purposes) by virtue of Public Health (Wales) Act 2017 (anaw 2) , s. 126(2) , Sch. 3 para. 23(a) ; S.I. 2024/938 , art. 2(1)(k) Words in Sch. 1 Pt. 2 Table 2 omitted (13.9.2024 for specified purposes) by virtue of Public Health (Wales) Act 2017 (anaw 2) , s. 126(2) , Sch. 3 para. 23(b) ; S.I. 2024/938 , art. 2(1)(k)
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[uk-legislation-anaw][anaw] 2024-11-25
http://www.legislation.gov.uk/anaw/2012/1/2012-11-13
http://www.legislation.gov.uk/anaw/2012/1/2012-11-13 National Assembly for Wales (Official Languages) Act 2012 National Assembly for Wales (Official Languages) Act 2012 text text/xml en Statute Law Database 2024-11-25 Expert Participation 2012-11-13 National Assembly for Wales (Official Languages) Act 2012 2012 anaw 1 An Act of the National Assembly for Wales to make provision about the use of the English and Welsh languages in proceedings of the National Assembly for Wales and in the discharge of the functions of the Assembly Commission. [12 November 2012] Having been passed by the National Assembly for Wales and having received the assent of Her Majesty, it is enacted as follows: Amendment to section 35 of the Act (Equality of treatment) 1 1 Section 35 of the Government of Wales Act 2006 (c.32) (“ the Act ”) is amended as follows. 2 For subsection (1), substitute— 1 The official languages of the Assembly are English and Welsh. 1A The official languages must, in the conduct of Assembly proceedings, be treated on a basis of equality. 1B All persons have the right to use either official language when participating in Assembly proceedings. 1C Reports of Assembly proceedings must, in the case of proceedings which fall within section 1(5)(a) (proceedings of the Assembly), contain a record of what was said, in the official language in which it was said, and also a full translation into the other official language. 1D Paragraph 8 of Schedule 2 makes provision about how the Assembly Commission must enable effect to be given to subsections (1) to (1C). Amendment to Schedule 2 to the Act (Assembly Commission) 2 1 Paragraph 8 of Schedule 2 to the Act (Principles in accordance with which functions are to be exercised) is amended as follows. 2 For sub-paragraph (3), substitute— 3 The Assembly Commission must, in the exercise of its functions— a treat the official languages of the Assembly on a basis of equality, and b make arrangements for enabling effect to be given to section 35(1), (1A), (1B) and (1C). 4 The Assembly Commission must— a adopt, and b publish, a scheme, to be known as the Assembly Commission's Official Languages Scheme (“ the Scheme ”), specifying the measures which it proposes to take in order to comply with its duties under sub-paragraph (3). 5 The Scheme must include (amongst other things) provision about— a simultaneous interpretation from one official language into the other— i in all Assembly proceedings, ii in public meetings conducted on behalf of the Assembly Commission, and iii in such other meetings connected with the functions of the Assembly or the Assembly Commission as may be provided for in the Scheme, b publication of documents in both official languages, subject to any exceptions identified in the Scheme, c public engagement with— i Assembly proceedings, and ii other functions of the Assembly and of the Assembly Commission, through the medium of either of the official languages, d practical measures to foster and continually improve freedom of choice of official language— i on the part of those participating in Assembly proceedings, and ii in relation to the functions of the Assembly or the Assembly Commission generally, e the setting of targets and timescales relating to implementation of the Scheme, f the allocation of responsibilities for implementing the Scheme, g objective means of measuring progress in implementing the Scheme, and h a strategy for ensuring that the staff of the Assembly have, collectively, the language skills necessary to enable the Scheme to be implemented. 6 The Scheme must include provision relating to the receipt, investigation and consideration of complaints of failures to give effect to provisions of the Scheme. 7 The Scheme must identify those services provided or to be provided in the official languages and explain how those services are to be provided in accordance with paragraph 8(5). 8 The Assembly Commission must, in respect of each financial year, lay before the Assembly a report setting out how the Commission has, during the year in question, given effect to the Scheme. 9 The report prepared by the Assembly Commission under sub-paragraph (8) must include— a whether and to what degree the services referred to in sub-paragraph (7) have been provided, and b if applicable, the reasons why the Commission has not provided any of the services referred to in sub-paragraph (7) in both official languages. 10 The Assembly Commission— a must review the Scheme as soon as is reasonably practicable after each ordinary general election, or after an extraordinary general election to which section 5(5) applies, and b may, at any time, adopt a new Scheme or an amendment to the existing Scheme. 11 The Assembly Commission may not adopt a Scheme, or an amendment to a Scheme, unless (whether before or after the coming into force of this paragraph)— a a draft of the Scheme (or of the amendment) has been— i published, and ii laid before the Assembly, b the Assembly Commission has given— i those persons whom the Assembly Commission considers it appropriate to consult in relation to the Scheme, and ii the Assembly, reasonable opportunity to make representations in relation to the draft, c the Assembly Commission has considered any representations made about the draft Scheme (or draft amendment) by— i the persons consulted under sub-paragraph (b)(i), and ii the Assembly, and d the Scheme (or the amendment) incorporating such modifications as the Assembly Commission may, having considered such representations, make, has been laid before and approved by resolution of, the Assembly. 12 The Assembly Commission must give effect to the Scheme. Short title and commencement 3 This Act— a may be referred to as the National Assembly for Wales (Official Languages) Act 2012, and b comes into force on the day after it receives Royal Assent. S. 1 in force at 13.11.2012, see s. 3(b) S. 2 in force at 13.11.2012, see s. 3(b) S. 3 in force at 13.11.2012, see s. 3(b)
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[uk-legislation-anaw][anaw] 2024-12-13
http://www.legislation.gov.uk/anaw/2016/3/2024-11-16
http://www.legislation.gov.uk/anaw/2016/3/2024-11-16 Environment (Wales) Act 2016 An Act of the National Assembly for Wales to promote sustainable management of natural resources; to provide for targets for reducing emissions of greenhouse gases; to reform the law on charges for carrier bags; to provide for the separate collection of waste, prohibit disposal of food waste to sewers and provide for prohibiting or regulating disposal of waste by incineration; to make provision about several and regulated fisheries for shellfish; to make provision about fees for marine licences; to establish the Flood and Coastal Erosion Committee; and to make minor changes to the law about land drainage and byelaws made by the Natural Resources Body for Wales. text text/xml en Statute Law Database 2024-11-18 Expert Participation 2024-11-16 Environment (Wales) Act 2016 Deddf yr Amgylchedd (Cymru) 2016 s. 83(2)(a) Environment Act 2021 s. 95(2)(a) s. 144 s. 147(4) Environment (Wales) Act 2016 Deddf yr Amgylchedd (Cymru) 2016 s. 83(2)(b) Environment Act 2021 s. 95(2)(b)(i) s. 144 s. 147(4) Environment (Wales) Act 2016 Deddf yr Amgylchedd (Cymru) 2016 s. 83(2)(b) Environment Act 2021 s. 95(2)(b)(ii) s. 144 s. 147(4) Environment (Wales) Act 2016 Deddf yr Amgylchedd (Cymru) 2016 s. 83(2)(b) Environment Act 2021 s. 95(2)(b)(iii) s. 144 s. 147(4) Environment (Wales) Act 2016 Deddf yr Amgylchedd (Cymru) 2016 s. 83(3) Environment Act 2021 s. 95(3) s. 144 s. 147(4) Environment (Wales) Act 2016 Deddf yr Amgylchedd (Cymru) 2016 s. 77 - 80 Levelling-up and Regeneration Act 2023 s. 232(8) s. 247 s. 255(9)(a) Environment (Wales) Act 2016 Deddf yr Amgylchedd (Cymru) 2016 s. 6(10) The Energy Act 2023 (Consequential Amendments) Regulations 2024 reg. 22(a) reg. 1(1) Environment (Wales) Act 2016 2016 anaw 3 An Act of the National Assembly for Wales to promote sustainable management of natural resources; to provide for targets for reducing emissions of greenhouse gases; to reform the law on charges for carrier bags; to provide for the separate collection of waste, prohibit disposal of food waste to sewers and provide for prohibiting or regulating disposal of waste by incineration; to make provision about several and regulated fisheries for shellfish; to make provision about fees for marine licences; to establish the Flood and Coastal Erosion Committee; and to make minor changes to the law about land drainage and byelaws made by the Natural Resources Body for Wales. [21 March 2016] Having been passed by the National Assembly for Wales and having received the assent of Her Majesty, it is enacted as follows: PART 1 SUSTAINABLE MANAGEMENT OF NATURAL RESOURCES Introduction Purpose of this Part 1 The purpose of this Part is to promote sustainable management of natural resources. Natural resources 2 In this Part, “ natural resources ” includes (but is not limited to)— a animals, plants and other organisms; b air, water and soil; c minerals; d geological features and processes; e physiographical features; f climatic features and processes. Sustainable management of natural resources 3 1 In this Part, “ sustainable management of natural resources ” means— a using natural resources in a way and at a rate that promotes achievement of the objective in subsection (2), b taking other action that promotes achievement of that objective, and c not taking action that hinders achievement of that objective. 2 The objective is to maintain and enhance the resilience of ecosystems and the benefits they provide and, in so doing— a meet the needs of present generations of people without compromising the ability of future generations to meet their needs, and b contribute to the achievement of the well-being goals in section 4 of the Well-being of Future Generations (Wales) Act 2015 (anaw 2). Principles of sustainable management of natural resources 4 In this Part, the “principles of sustainable management of natural resources” are— a manage adaptively, by planning, monitoring, reviewing and, where appropriate, changing action; b consider the appropriate spatial scale for action; c promote and engage in collaboration and co-operation; d make appropriate arrangements for public participation in decision-making; e take account of all relevant evidence and gather evidence in respect of uncertainties; f take account of the benefits and intrinsic value of natural resources and ecosystems; g take account of the short, medium and long term consequences of actions; h take action to prevent significant damage to ecosystems; i take account of the resilience of ecosystems, in particular the following aspects— i diversity between and within ecosystems; ii the connections between and within ecosystems; iii the scale of ecosystems; iv the condition of ecosystems (including their structure and functioning); v the adaptability of ecosystems. General duties of public authorities General purpose of Natural Resources Body for Wales 5 1 The Natural Resources Body for Wales (Establishment) Order 2012 ( S.I. 2012/1903) is amended as follows. 2 For article 4 substitute— General purpose 4 1 The Body must— a pursue sustainable management of natural resources in relation to Wales, and b apply the principles of sustainable management of natural resources, in the exercise of its functions, so far as consistent with their proper exercise. 2 In this article— “ principles of sustainable management of natural resources ” (“ egwyddorion rheoli cynaliadwy ar adnoddau naturiol ”) has the meaning given by section 4 of the Environment (Wales) Act 2016; “ sustainable management of natural resources ” (“ rheoli cynaliadwy ar adnoddau naturiol ”) has the meaning given by section 3 of the Environment (Wales) Act 2016. 3 In article 5— a in the heading, after “Body's” insert “ general ” ; b in paragraph (1), for “purpose” substitute “ general purpose in article 4 ” ; c in paragraph (3) for “functions” substitute “ general purpose in article 4 ” . 4 Omit articles 5B and 5E. Biodiversity and resilience of ecosystems duty 6 1 A public authority must seek to maintain and enhance biodiversity in the exercise of functions in relation to Wales, and in so doing promote the resilience of ecosystems, so far as consistent with the proper exercise of those functions. 2 In complying with subsection (1), a public authority must take account of the resilience of ecosystems, in particular the following aspects— a diversity between and within ecosystems; b the connections between and within ecosystems; c the scale of ecosystems; d the condition of ecosystems (including their structure and functioning); e the adaptability of ecosystems. 3 Subsection (1) does not apply to— a the exercise of a function by Her Majesty's Revenue and Customs, or b the exercise of a judicial function of a court or tribunal. 4 In complying with subsection (1)— a the Welsh Ministers, the First Minister for Wales, the Counsel General to the Welsh Government, a Minister of the Crown and a government department must have regard to the United Nations Environmental Programme Convention on Biological Diversity of 1992, and b any other public authority must have regard to any guidance given to it by the Welsh Ministers. 5 In complying with subsection (1), a public authority other than a Minister of the Crown or government department must have regard to— a the list published under section 7; b the state of natural resources report published under section 8; c any area statement published under section 11 for an area that includes all or part of an area in relation to which the authority exercises functions. d the sustainable land management report published under section 6 of the Agriculture (Wales) Act 2023. 6 A public authority other than a Minister of the Crown or government department must prepare and publish a plan setting out what it proposes to do to comply with subsection (1). 7 A public authority must, before the end of 2019 and before the end of every third year after 2019, publish a report on what it has done to comply with subsection (1). 8 A public authority that has published a plan under subsection (6)— a must review the plan in the light of each report that it publishes under subsection (7), and b may revise the plan at any time. 9 In this section— “ Minister of the Crown ” (“ Gweinidog y Goron ”) has the same meaning as in the Ministers of the Crown Act 1975 (c. 26); “ public authority ” (“ awdurdod cyhoeddus ”) means— the Welsh Ministers; the First Minister for Wales; the Counsel General to the Welsh Government; a Minister of the Crown; a public body (including a government department, a local authority , a corporate joint committee and a local planning authority ...); a person holding an office— under the Crown, created or continued in existence by a public general Act of the National Assembly for Wales or of Parliament, or the remuneration in respect of which is paid out of money provided by the National Assembly for Wales or Parliament; a statutory undertaker. 10 In subsection (9)— “ corporate joint committee ” (“ cyd-bwyllgor corfforedig ”) means a corporate joint committee established by regulations made under Part 5 of the Local Government and Elections (Wales) Act 2021 (asc 1); “ local authority ” (“ awdurdod lleol ”) means a council of a county, county borough or community in Wales; “ local planning authority ” (“ awdurdod cynllunio lleol ”) has the meaning given by the Town and Country Planning Act 1990 (c. 8); “ statutory undertaker ” (“ ymgymerwr statudol ”) means any of the following— a person authorised by any enactment to carry on any railway, light railway, tramway, road transport, water transport, canal, inland navigation, dock, harbour, pier or lighthouse undertaking or any undertaking for the supply of hydraulic power; an operator of an electronic communications code network (within the meaning of paragraph 1(1) of Schedule 17 to the Communications Act 2003 (c. 21)); an airport operator (within the meaning of the Airports Act 1986 (c. 31)) operating an airport to which Part 5 of that Act applies; a holder of a licence under section 7 or 7AA of the Gas Act 1986 (c. 44) ; a holder of a licence under section 6(1) of the Electricity Act 1989 (c. 29); a water or sewerage undertaker; the Civil Aviation Authority or a holder of a licence under Chapter 1 of Part 1 of the Transport Act 2000 (c. 38), to the extent that the person holding the licence is carrying out activities authorised by it; a universal service provider within the meaning of Part 3 of the Postal Services Act 2011 (c. 5); ... Biodiversity lists and duty to take steps to maintain and enhance biodiversity 7 1 The Welsh Ministers must prepare and publish a list of the living organisms and types of habitat which in their opinion are of principal importance for the purpose of maintaining and enhancing biodiversity in relation to Wales. 2 Before publishing a list under this section the Welsh Ministers must consult the Natural Resources Body for Wales (“NRW”) as to the living organisms or types of habitat to be included in the list. 3 Without prejudice to section 6, the Welsh Ministers must— a take all reasonable steps to maintain and enhance the living organisms and types of habitat included in any list published under this section, and b encourage others to take such steps. 4 The Welsh Ministers must, in consultation with NRW— a keep under review any list published by them under this section, b make such revisions of any such list as appear to them appropriate, and c publish any list so revised as soon as is reasonably practicable after revising it. 5 In exercising their functions under this section, the Welsh Ministers must apply the principles of sustainable management of natural resources. State of natural resources report Duty to prepare and publish state of natural resources report 8 1 NRW must prepare and publish reports in accordance with this section containing its assessment of the state of natural resources in relation to Wales. 2 Each report must, among other things, set out— a NRW's assessment of the extent to which sustainable management of natural resources is being achieved; b NRW's assessment of biodiversity (including the living organisms and types of habitat included in any list published under section 7); c what NRW considers to be the main trends and factors that are affecting, and are likely to affect, the state of natural resources; d any aspects of the state of natural resources about which NRW considers that it does not have sufficient information to make an assessment. 3 NRW must publish its first report before the end of four months starting with the day this section comes into force. 4 Subsequently, NRW must publish a report before the end of the calendar year preceding a year in which an ordinary general election is due to be held. 5 NRW must publish a draft of each report required by subsection (4) before the end of the calendar year preceding the year in which the report must be published. 6 In this section, “ ordinary general election ” means the poll held at an ordinary general election under section 3 of the Government of Wales Act 2006 (c. 32). National natural resources policy Duty to prepare, publish and implement national natural resources policy 9 1 The Welsh Ministers must prepare and publish a document setting out their general and specific policies for contributing to achieving sustainable management of natural resources in relation to Wales (the “national natural resources policy”). 2 The national natural resources policy must set out what the Welsh Ministers consider to be the key priorities, risks and opportunities for sustainable management of natural resources in relation to Wales, including what they consider should be done in relation to climate change and biodiversity. 3 The Welsh Ministers may include anything in the national natural resources policy which they consider relevant to achieving sustainable management of natural resources in relation to Wales. 4 The Welsh Ministers must— a take all reasonable steps to implement the national natural resources policy, and b encourage others to take such steps. 5 The Welsh Ministers must publish the first national natural resources policy before the end of 10 months starting with the day this section comes into force. 6 The Welsh Ministers— a must review the national natural resources policy after each general election, and b may review the policy at any other time. 7 The Welsh Ministers may at any time revise the national natural resources policy and must publish the national natural resources policy as revised. 8 In exercising their functions under this section, the Welsh Ministers must apply the principles of sustainable management of natural resources. 9 In preparing or revising the national natural resources policy, the Welsh Ministers must have regard to the most recent report under section 8 on the state of natural resources in relation to Wales. 10 When the Welsh Ministers publish the national natural resources policy (or a revised policy), they must also publish a report summarising— a any consultation that was carried out in preparing the policy, and b any representations that were received as a result of the consultation. 11 In subsection (6), “ general election ” means a poll held at an ordinary general election under section 3 of the Government of Wales Act 2006 (c. 32) or an extraordinary general election under section 5 of that Act. Area-based implementation of the national policy Meaning of public body in sections 11 to 15 10 1 In sections 11 to 15, “ public body ” means any one of the following— a a council of a county or county borough in Wales; b a Local Health Board; c the following NHS Trusts— i Public Health Wales; ii Velindre; d a National Park authority for a National Park in Wales; e a Welsh fire and rescue authority; f the Commission for Tertiary Education and Research ; g the Arts Council of Wales; h the Sports Council for Wales; i the National Library of Wales; j the National Museum of Wales. 2 The Welsh Ministers may by regulations amend subsection (1) by— a adding a person, b removing a person, or c amending a description of a person. 3 But the regulations— a may amend subsection (1) by adding a person only if that person exercises functions of a public nature; b may amend that subsection by adding a Minister of the Crown only if the Secretary of State consents. 4 If the regulations amend subsection (1) so as to add a person who has functions of a public nature and other functions, sections 11 to 15 apply to that person only in relation to those of the person's functions that are of a public nature. 5 Before making regulations under subsection (2), the Welsh Ministers must consult— a NRW, b each person the Welsh Ministers propose to add or remove by the regulations, and c such other persons as the Welsh Ministers consider appropriate. Area statements 11 1 NRW must prepare and publish statements (“area statements”) for the areas of Wales that it considers appropriate for the purpose of facilitating the implementation of the national natural resources policy. 2 NRW may use the area statements for any other purpose in the exercise of its functions. 3 Each area statement must— a explain why a statement has been prepared for the area, by reference to— i the natural resources in the area, ii the benefits which the natural resources provide, and iii the priorities, risks and opportunities for the sustainable management of natural resources which need to be addressed; b explain how the principles of sustainable management of natural resources have been applied in preparing the statement; c state how NRW proposes to address the priorities, risks and opportunities, and how it proposes to apply the principles of sustainable management of natural resources in doing so; d specify the public bodies which NRW considers may assist in addressing the priorities, risks and opportunities. 4 NRW must ensure that every part of Wales is included in at least one of the areas for which it prepares an area statement. 5 NRW must— a take all reasonable steps to implement an area statement, and b encourage others to take such steps. 6 NRW must keep area statements under review and it may revise them at any time. 7 Before publishing an area statement, NRW must consider whether— a another plan, strategy or similar document should be incorporated into the area statement, or b the area statement should be incorporated into another plan, strategy or similar document. Welsh Ministers' directions to implement area statements 12 1 The Welsh Ministers may direct a public body to take such steps as appear to them to be reasonably practicable to address the matters specified in an area statement under section 11(3). 2 Before giving a direction the Welsh Ministers must consult the public body they intend to direct. 3 Where a direction is given to a public body under this section, the body must comply with it. 4 A direction under this section may not require a public body to do something it may not otherwise do in the exercise of its functions. 5 A direction under this section— a must be published; b may be varied or revoked by a later direction; c is enforceable by mandatory order on an application by, or on behalf of, the Welsh Ministers. Guidance about implementing area statements 13 1 In exercising its functions, a public body must have regard to any guidance given to it by the Welsh Ministers about steps that should be taken to address the matters specified in an area statement under section 11(3). 2 The Welsh Ministers must publish any guidance they give for the purposes of this section. Duty of public bodies to provide information or other assistance to NRW 14 1 If NRW asks a public body to provide NRW with information which it requires for the purpose of exercising functions under section 8 or 11, the public body must provide the information unless the public body is prohibited from providing it by virtue of an enactment or any other rule of law. 2 If NRW asks a public body to exercise its functions to provide NRW with other assistance which NRW requires for the purpose of exercising functions under section 8 or 11, the public body must provide the assistance unless the public body considers that doing so would— a be incompatible with the public body's own duties, or b otherwise have an adverse effect on the exercise of the public body's functions. 3 The duties of a public body in subsections (1) and (2) are also duties of the Future Generations Commissioner for Wales, but they only apply to the Commissioner if the information or other assistance is required for the production of a report under section 8 on the state of natural resources. Duty of NRW to provide information or other assistance to public bodies 15 1 If a public body asks NRW to provide the public body with information which it requires for the purpose of implementing an area statement, NRW must provide the information unless NRW is prohibited from providing it by virtue of an enactment or any other rule of law. 2 If a public body asks NRW to exercise its functions to provide the public body with other assistance which the public body requires for the purpose of implementing an area statement, NRW must provide the assistance unless NRW considers that doing so would— a be incompatible with NRW's own duties, or b otherwise have an adverse effect on the exercise of NRW's functions. Land management agreements Power to enter into land management agreements 16 1 NRW may make an agreement with a person who has an interest in land in Wales about the management or use of the land (a “land management agreement”), if doing so appears to it to promote the achievement of any objective it has in the exercise of its functions. 2 A land management agreement may, among other things— a impose on the person who has an interest in the land obligations in respect of the use of the land; b impose on the person who has an interest in the land restrictions on the exercise of rights over the land; c provide for the carrying out of such work as may be expedient for the purposes of the agreement by any person or persons; d provide for any matter for which a management scheme relating to a site of special scientific interest provides (or could provide); e provide for the making of payments by either party to the other party or to any other person; f contain incidental and consequential provision. 3 In this section— “ interest in land ” (“ buddiant mewn tir ”) includes any estate in land and any right over land, whether the right is exercisable by virtue of ownership of an interest in land or by virtue of a licence or agreement, and in particular includes sporting rights; “ management scheme ” (“ cynllun rheoli ”) has the meaning given by Part 2 of the Wildlife and Countryside Act 1981 (c. 69) (see section 28J); “ site of special scientific interest ” (“ safle o ddiddordeb gwyddonol arbennig ”) has the meaning given by Part 2 of the Wildlife and Countryside Act 1981 (see section 52(1)). Effect on successors in title of certain land management agreements 17 1 Where a land management agreement is made with a person with a qualifying interest in land subject to the agreement which is not registered land, and the agreement provides that the provisions of this subsection have effect in relation to the agreement— a the agreement may be registered as a land charge under the Land Charges Act 1972 (c. 61) as if it were a charge affecting land falling within paragraph (ii) of Class D, b the provisions of section 4 of that Act (which relates to the effect of non-registration) apply as if the agreement were such a land charge, and c subject to the provisions of section 4 of that Act, the agreement is binding upon any successor of the person with the qualifying interest to the same extent as it is binding upon that person, despite the fact that it would not have been binding upon that successor apart from the provisions of this subsection. 2 Where a land management agreement is made with a person with a qualifying interest in land subject to the agreement which is registered land, and the agreement provides that the provisions of this subsection have effect in relation to the agreement— a the agreement may be the subject of a notice in the register of title under the Land Registration Act 2002 (c. 9) as if it were an interest affecting the registered land, b the provisions of sections 28 to 30 of that Act (effect of dispositions of registered land on priority of adverse interests) apply as if the agreement were such an interest, and c subject to the provisions of those sections, the agreement is binding upon any successor of the person with the qualifying interest to the same extent as it is binding upon that person, despite the fact that it would not have been binding upon that successor apart from the provisions of this subsection. 3 A person has a qualifying interest in land for the purpose of this section if the interest is— a an estate in fee simple absolute in possession; b a term of years absolute granted for a term of more than seven years from the date of the grant and in the case of which some part of the period for which the term of years was granted remains unexpired. 4 In this section— “ registered land ” (“ tir cofrestredig ”) has the same meaning as in the Land Registration Act 2002; “ successor ” (“ olynydd ”), in relation to an agreement with a person with a qualifying interest in any land, means a person deriving title or otherwise claiming under that person with a qualifying interest, otherwise than in right of an interest or charge to which the interest of the person with the qualifying interest was subject immediately before— the time when the agreement was made, where the land is not registered land, or the time when the notice of the agreement was registered, where the land is registered land. Application of Schedule 2 to the Forestry Act 1967 to land management agreements 18 Schedule 2 to the Forestry Act 1967 (c. 10) (power for tenant for life and others to enter into forestry dedication covenants) applies to land management agreements as it applies to forestry dedication covenants. Effect of agreements on dedication of highway and grant of easement 19 For the purposes of any enactment or rule of law as to the circumstances in which the dedication of a highway or the grant of an easement may be presumed, or may be established by prescription, the use by the public or by any person of a way across land by virtue of a land management agreement is to be disregarded. Transitional provisions 20 1 An agreement relating to land in Wales entered into by NRW, or any predecessor of that body, under a disapplied enactment is to be treated as a land management agreement. 2 The disapplied enactments are— a section 16 of the National Parks and Access to the Countryside Act 1949 (c. 97); b section 15 of the Countryside Act 1968 (c. 41); c section 39 of the Wildlife and Countryside Act 1981 (c. 69). Crown land 21 1 The appropriate authority may enter into a land management agreement as respects an interest in Crown land held by or on behalf of the Crown. 2 A land management agreement as respects any other interest in Crown land is of no effect unless approved by the appropriate authority. 3 “ Crown land ” means land an interest in which— a belongs to Her Majesty in right of the Crown, b belongs to Her Majesty in right of the Duchy of Lancaster, c belongs to the Duchy of Cornwall, or d belongs to a government department or is held in trust for Her Majesty for the purposes of a government department. 4 “ The appropriate authority ”, in relation to any land, means— a if the land belongs to Her Majesty in right of the Crown, the Crown Estate Commissioners or other government department having the management of the land in question; b if the land belongs to Her Majesty in right of the Duchy of Lancaster, the Chancellor of the Duchy; c if the land belongs to the Duchy of Cornwall, such person as the Duke of Cornwall, or the possessor for the time being of the Duchy of Cornwall, appoints; d if the land belongs to a government department or is held in trust for Her Majesty for the purposes of a government department, that department. 5 If any question arises under this section as to what authority is the appropriate authority in relation to any land, that question is to be referred to the Treasury, whose decision is final. Experimental schemes Power to suspend statutory requirements for experimental schemes 22 1 On the application of NRW, the Welsh Ministers may by regulations make provision in relation to Wales— a conferring on any person exemption from a statutory requirement for which NRW is responsible; b relaxing any such requirement r in its application to a person; c requiring a person to whom an exemption or relaxation applies to comply with conditions specified in the regulations; d modifying an enactment in a way the Welsh Ministers consider necessary for the enforcement of, or in consequence of, any provision made by virtue of paragraphs (a) to (c)?. 2 Regulations under subsection (1) may not make provision removing or modifying a function of a Minister of the Crown that was exercisable by a Minister of the Crown before 5 May 2011 unless the Secretary of State consents to the provision. 3 Before making provision under subsection (1), the Welsh Ministers— a must be satisfied that the provision is necessary to enable an experimental scheme that is likely to contribute to the sustainable management of natural resources to be carried out, b must be satisfied that the regulations will not have the overall effect of increasing the regulatory burden on any person, and c must consult— i persons they think are likely to be affected by provision in the regulations, and ii persons they think are likely to be otherwise affected by the experimental scheme. 4 Regulations under subsection (1) have effect during a period specified in the regulations which must not exceed three years. 5 But regulations under subsection (1) may, on one occasion only, extend the period for which previous regulations under that subsection have effect by a period of not more than three years from the end of the period specified in the previous regulations. 6 Where the only substantive effect of regulations under subsection (1) is to revoke previous regulations under that subsection, the regulations may be made without an application from NRW. 7 And subsection (3) does not apply to provisions in regulations under subsection (1) which revoke previous regulations under that subsection (whether or not NRW applies for the revocation). 8 Where provision has been made under subsection (1) to enable an experimental scheme to be carried out, NRW must— a evaluate the scheme at such time as it considers appropriate, and b publish a report setting out the evaluation and describing any action that NRW considers should be taken in light of it. 9 For the purposes of this section— a a statutory requirement is a requirement imposed by an enactment; b NRW is responsible for a statutory requirement if— i it is a requirement to comply with a standard set or requirement imposed by NRW, ii it is a requirement to obtain a licence or other authorisation from NRW before doing something, iii it is a requirement that may be enforced by NRW, or iv it is a requirement that applies to NRW and is concerned with the way in which, or the purposes for which, natural resources are managed or used. 10 In this section, “ experimental scheme ” means a scheme carried out under arrangements made by NRW under article 10C of the Natural Resources Body for Wales (Establishment) Order 2012 (S.I. 2012/1903). Power of NRW to conduct experimental schemes etc. 23 In the Natural Resources Body for Wales (Establishment) Order 2012 (S.I. 2012/1903), for article 10C substitute— Research and experimental schemes 10C 1 The Body may make arrangements for the carrying out (whether by the Body or by other persons) of research and experimental schemes that are relevant to the exercise of its functions. 2 The Body may provide support (by financial means or otherwise) for research and experimental schemes that are relevant to the exercise of its functions; and paragraphs (2) and (3) of article 10B apply to the giving of financial assistance under this paragraph. 3 In carrying out activities under this article relating to nature conservation, the Body must have regard to any common standards established under section 34(2)(c) of the Natural Environment and Rural Communities Act 2006 in so far as they are applicable to the activities. 4 In this article— “ experimental scheme ” (“ cynllun arbrofol ”) means a scheme designed— to develop or apply new or modified methods, concepts or techniques, or to develop or test proposals for regulatory change; “ research ” (“ ymchwil ”) includes inquiries and investigations. General Power to amend periods for the preparation and publication of documents 24 1 The Welsh Ministers may by regulations make provision changing the time by which the following documents must be prepared or published— a a state of natural resources report or a draft of such a report; b the national natural resources policy. 2 Regulations under subsection (1) may make provision by way of amendment of this Part. 3 Before making regulations under subsection (1) the Welsh Ministers must consult NRW. Regulations under this Part 25 1 A power to make regulations under this Part is to be exercised by statutory instrument. 2 A power to make regulations under this Part includes power— a to make different provision for different purposes or cases; b to make transitional or saving provision. 3 A statutory instrument containing regulations under this Part may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales. 4 A statutory instrument containing regulations whose only substantive effect is to revoke regulations made under section 22(1) is not subject to the requirement in subsection (3), but must be laid before the National Assembly for Wales after being made. General interpretation of this Part 26 In this Part— “ biodiversity ” (“ bioamrywiaeth ”) means the diversity of living organisms, whether at the genetic, species or ecosystem level; “ land ” (“ tir ”) includes land covered by water; “ land management agreement ” (“ cytundeb rheoli tir ”) means an agreement under section 16; “ national natural resources policy ” (“ polisi adnoddau naturiol cenedlaethol ”) has the meaning given by section 9; “ natural resources ” (“ adnoddau naturiol ”) is to be interpreted in accordance with section 2; “ NRW ” (“ CNC ”) means the Natural Resources Body for Wales; “ principles of sustainable management of natural resources ” (“ egwyddorion rheoli cynaliadwy ar adnoddau naturiol ”) has the meaning given by section 4; “ sustainable management of natural resources ” (“ rheoli cynaliadwy ar adnoddau naturiol ”) has the meaning given by section 3. Minor and consequential provision 27 1 The amendments made by this Part to the Natural Resources Body for Wales (Establishment) Order 2012 (S.I. 2012/1903) do not affect the power of the Welsh Ministers to make further orders under sections 13 and 15 of the Public Bodies Act 2011 (c. 24) amending or revoking the provision made by those amendments. 2 Part 1 of Schedule 2 provides for minor and consequential amendments and repeals relating to this Part. PART 2 CLIMATE CHANGE Introduction Purpose of this Part 28 The purpose of this Part is to require the Welsh Ministers to meet targets for reducing emissions of greenhouse gases from Wales. Emissions targets and carbon budgets: main duties of the Welsh Ministers The 2050 emissions target 29 1 The Welsh Ministers must ensure that the net Welsh emissions account for the year 2050 is at least 100% lower than the baseline. 2 For the meaning of the “net Welsh emissions account” see section 33, and for the meaning of the “baseline” see section 38. 3 The Welsh Ministers may by regulations amend subsection (1) so that it specifies a percentage greater than 80%. 4 In this Part, the target in subsection (1) is referred to as the “ 2050 emissions target ”. Interim emissions targets 30 1 For each interim target year, the Welsh Ministers must by regulations set a maximum amount for the net Welsh emissions account, expressed as a percentage below the baseline (an “interim emissions target”). 2 The Welsh Ministers must ensure that the net Welsh emissions account for each interim target year does not exceed the interim emissions target for that year. 3 The interim target years are 2020, 2030 and 2040. 4 The Welsh Ministers must set the interim emissions targets before the end of 2018. Carbon budgets 31 1 For each budgetary period, the Welsh Ministers must by regulations set a maximum total amount for the net Welsh emissions account (a “carbon budget”). 2 The Welsh Ministers must ensure that the net Welsh emissions account for each budgetary period does not exceed the carbon budget for that period. 3 The budgetary periods are— a 2016 to 2020, and b each succeeding period of five years, ending with 2046 to 2050. 4 The Welsh Ministers must— a set the carbon budgets for the first two budgetary periods before the end of 2018, and b set the carbon budget for the third and later budgetary periods at least five years before the start of the period in question. Emissions targets and carbon budgets: principles 32 1 The Welsh Ministers must— a set each interim emissions target at a level that they are satisfied is consistent with meeting the 2050 emissions target, and b set the carbon budget for each budgetary period at a level that they are satisfied is consistent with meeting— i the 2050 emissions target, and ii the interim emissions target for any interim target year that falls within or after that budgetary period. 2 The Welsh Ministers may not make regulations changing the 2050 emissions target, an interim emissions target or a carbon budget unless at least one of the following conditions is met— a they are satisfied that it is appropriate to make the change as a result of significant developments in— i scientific knowledge about climate change, or ii EU or international law or policy relating to climate change; b the change has been recommended by the advisory body; c the change is in connection with provision made under section 35(1) or 37(2). 3 When making regulations changing the 2050 emissions target, or setting or changing an interim emissions target or a carbon budget, the Welsh Ministers must have regard to— a the most recent report under section 8 on the state of natural resources in relation to Wales, b the most recent future trends report under section 11 of the Well-being of Future Generations (Wales) Act 2015 (anaw 2), c the most recent report (if any) under section 23 of that Act (future generations report), d scientific knowledge about climate change, e technology relevant to climate change, and f EU and international law and policy relating to climate change (including international agreements on measures designed to limit increases in global average temperatures). 4 Sections 49 and 50 make provision about advice that the Welsh Ministers must obtain from the advisory body and take into account before making regulations changing the 2050 emissions target or setting or changing an interim emissions target or a carbon budget. Targets and budgets: scope and main concepts The net Welsh emissions account 33 1 The “net Welsh emissions account” for a period is the amount calculated as follows— a determine the amount of net Welsh emissions of greenhouse gases for the period in accordance with section 34; b subtract the amount of carbon units credited to the net Welsh emissions account for the period; c add the amount of carbon units debited from the net Welsh emissions account for the period. 2 The Welsh Ministers may by regulations make provision about— a the circumstances in which carbon units may be credited to the net Welsh emissions account for a period; b the circumstances in which carbon units must be debited from the net Welsh emissions account for a period; c how this is to be done. 3 The regulations must contain provision for ensuring that carbon units that are credited to the net Welsh emissions account for a period cease to be available to offset other greenhouse gas emissions. 4 The Welsh Ministers must by regulations set a limit on the net amount of carbon units by which the net Welsh emissions account for a period may be reduced as a result of applying subsection (1)(b) and (c). 5 The regulations may provide that carbon units of a description specified in the regulations do not count towards the limit. Net Welsh emissions 34 1 In this Part, the “net Welsh emissions” of a greenhouse gas for a period means the amount of Welsh emissions of that gas for the period, reduced by the amount of Welsh removals of that gas for the period. 2 “Welsh emissions” of a greenhouse gas are— a emissions of that gas from sources in Wales, and b emissions of that gas from international aviation or international shipping that count as Welsh emissions by virtue of regulations under section 35. 3 “Welsh removals” of a greenhouse gas are removals of that gas from the atmosphere due to land use in Wales, land-use change in Wales or forestry activities in Wales. 4 The amounts of Welsh emissions and Welsh removals of a greenhouse gas for a period must, so far as reasonably practicable, be determined consistently with international carbon reporting practice. Welsh emissions from international aviation and shipping 35 1 The Welsh Ministers may by regulations make provision for emissions of a greenhouse gas from international aviation and international shipping to count as Welsh emissions of the gas. 2 The regulations may— a specify activities which are to be regarded as international aviation or international shipping; b specify the circumstances in which, and the extent to which, emissions of a greenhouse gas from international aviation or international shipping are to count as Welsh emissions of that gas; c specify the period (whether past or future) from which emissions of a greenhouse gas from international aviation or international shipping are to count as Welsh emissions of that gas; d make provision about how emissions of a greenhouse gas from international aviation or international shipping are to be taken into account in determining Welsh emissions of that gas for the baseline year for that gas; e make different provision for different greenhouse gases and different periods. Carbon units 36 1 In this Part, a “ carbon unit ” means a unit of a kind specified in regulations made by the Welsh Ministers and representing— a a reduction in an amount of greenhouse gas emissions, b the removal of an amount of greenhouse gas from the atmosphere, or c an amount of greenhouse gas emissions allowed under a scheme or arrangement imposing a limit on such emissions. 2 The Welsh Ministers may by regulations make provision for a scheme— a for registering or otherwise keeping track of carbon units, or b for establishing and maintaining accounts in which carbon units may be held, and between which they may be transferred, by the Welsh Ministers. 3 The regulations may, in particular, provide for an existing scheme to be adapted for these purposes (including by amending any enactment relating to the existing scheme). 4 The regulations may make provision— a appointing a person (an “administrator”) to administer the scheme; b conferring or imposing functions on the administrator for that purpose (including by amending any enactment relating to the administrator); c conferring power on the Welsh Ministers to give guidance or directions to the administrator; d conferring power on the Welsh Ministers to delegate the performance of any of the functions conferred or imposed on the Welsh Ministers by the regulations; e requiring the payment by persons using the scheme of charges (of an amount determined by or under the regulations) towards the cost of operating it. Greenhouse gases 37 1 For the purposes of this Part, each of the following is a “greenhouse gas”— a carbon dioxide; b methane; c nitrous oxide; d hydrofluorocarbons; e perfluorocarbons; f sulphur hexafluoride; g nitrogen trifluoride. 2 The Welsh Ministers may by regulations amend subsection (1) to add a gas or modify a description of a gas. The baseline 38 1 In this Part, the “ baseline ” means the aggregate amount of net Welsh emissions of greenhouse gases for the baseline years. 2 The baseline year for each greenhouse gas is— a carbon dioxide: 1990; b methane: 1990; c nitrous oxide: 1990; d hydrofluorocarbons: 1995; e perfluorocarbons: 1995; f sulphur hexafluoride: 1995; g nitrogen trifluoride: 1995. 3 The Welsh Ministers may by regulations amend subsection (2) to— a specify the baseline year for a greenhouse gas added by regulations under section 37(2); b modify the baseline year for a greenhouse gas. 4 The Welsh Ministers may make provision under subsection (3)(b) only if they are satisfied that it is appropriate to do so as a result of significant developments in EU or international law or policy relating to climate change. Compliance with carbon budgets: reports and statements by the Welsh Ministers Proposals and policies for meeting carbon budget 39 1 The Welsh Ministers must prepare and publish a report for each budgetary period setting out their proposals and policies for meeting the carbon budget for that period. 2 The report must set out proposals and policies covering the areas of responsibility of each of the Welsh Ministers. 3 The Welsh Ministers must— a publish the report for the first budgetary period as soon as reasonably practicable after setting the carbon budget for that period; b publish the report for the second and later budgetary periods before the end of the first year of the period in question. Carrying amounts from one budgetary period to another 40 1 The Welsh Ministers may decide to carry part of the carbon budget for a budgetary period back to the preceding budgetary period. 2 The carbon budget for the later period is reduced, and that for the earlier period is increased, by the amount carried back. 3 The amount carried back must not exceed 1% of the carbon budget for the later period. 4 The Welsh Ministers may decide to carry any unused part of the carbon budget for a budgetary period forward to the next budgetary period. 5 The carbon budget for the later period is increased, and that for the earlier period is reduced, by the amount carried forward. 6 The carbon budget for a period is “unused” to the extent that it exceeds the net Welsh emissions account for the period. 7 Before deciding to carry an amount back or forward under this section, the Welsh Ministers must consult the advisory body. Final statement for budgetary period 41 1 The Welsh Ministers must— a prepare a final statement for each budgetary period in accordance with this section, and b lay the statement before the National Assembly for Wales before the end of the second year after the period to which it relates. 2 A final statement under this section must state, in respect of each greenhouse gas, the total amount of Welsh emissions, Welsh removals and net Welsh emissions for the budgetary period to which the statement relates. 3 It must— a state the total amount of carbon units that have been credited to or debited from the net Welsh emissions account for the period, and b give details of the number and type of those units. 4 It must state the final amount of the net Welsh emissions account for the period. 5 It must state whether the Welsh Ministers have decided to carry an amount back or forward under section 40 so as to increase or reduce the carbon budget for the period, and if so must state the amount carried back or forward. 6 It must state the final amount of the carbon budget for the period. 7 Whether the carbon budget for the period has been met is to be determined by reference to the information in the statement. 8 The statement must explain what the Welsh Ministers consider to be the reasons why the carbon budget for the period has, or has not, been met. 9 In particular, it must include the Welsh Ministers' assessment of the extent to which their proposals and policies for meeting the carbon budget for the period— a have been carried out, and b have contributed to the carbon budget for the period being met (or not being met). 10 The assessment must cover the areas of responsibility of each of the Welsh Ministers. 11 A statement under this section must also include— a an estimate of the total amount of Welsh consumer emissions for the budgetary period to which the statement relates, and b an explanation of how the Welsh Ministers have calculated the estimate. 12 The “Welsh consumer emissions” for a period are the emissions of greenhouse gases, whether in Wales or elsewhere, that may reasonably be attributed to the consumption and use of goods and services in Wales during the period. Proposals and policies where carbon budget not met 42 1 This section applies if the Welsh Ministers have laid a final statement before the National Assembly for Wales in respect of a budgetary period for which the net Welsh emissions account exceeds the carbon budget. 2 No later than three months after laying the statement, the Welsh Ministers must lay before the National Assembly for Wales a report setting out proposals and policies to compensate for the excess emissions in later budgetary periods. Compliance with emissions targets: statements by the Welsh Ministers Statements for interim target years and 2050 43 1 The Welsh Ministers must— a prepare a statement for each interim target year and for the year 2050 in accordance with this section, and b lay each statement before the National Assembly for Wales before the end of the second year after the year to which it relates. 2 A statement under this section must state, in respect of each greenhouse gas, the total amount of Welsh emissions, Welsh removals and net Welsh emissions for the year to which the statement relates. 3 It must— a state the total amount of carbon units that have been credited to or debited from the net Welsh emissions account for the year, and b give details of the number and type of those units. 4 It must state the amount of the net Welsh emissions account for the year. 5 Whether an interim emissions target or the 2050 emissions target has been met is to be determined by reference to the information in the statement for the year to which the target relates. 6 The statement must explain what the Welsh Ministers consider to be the reasons why the target has, or has not, been met. 7 A statement A under this section for a year may be combined with the statement under section 41 for the budgetary period that includes that year. Functions of advisory body: reports and advice Advisory body 44 1 The Welsh Ministers may by regulations— a establish a body corporate to exercise the functions of the advisory body under this Part, or b designate a person to be the advisory body for the purposes of this Part. 2 The regulations may designate a person only if the person exercises functions of a public nature. 3 If no regulations under subsection (1) are in force, the advisory body is the Committee on Climate Change established under section 32 of the Climate Change Act 2008 (c. 27). 4 Regulations under subsection (1)(a) may, in particular, include provision about— a the status and membership of the body established by the regulations; b the employment of staff by the body; c remuneration, allowances and pensions for members and staff; d the organisation and procedure of the body; e reports and accounts (including audit). 5 Regulations under subsection (1)(a) may enable the Welsh Ministers to give directions to the body in relation to the matters mentioned in subsection (4). 6 Regulations under subsection (1) may make incidental, supplementary, consequential, transitional or saving provision, which may include provision amending, repealing or revoking an enactment. Progress reports 45 1 Before the end of the first budgetary period, the advisory body must send a report to the Welsh Ministers setting out the body's views on— a the progress that has been made towards meeting— i the carbon budgets that have been set under this Part, ii the interim emissions targets, and iii the 2050 emissions target, b whether those budgets and targets are likely to be met, and c any further measures that are needed to meet those budgets and targets. 2 No later than six months after the Welsh Ministers lay the final statement for a budgetary period before the National Assembly for Wales under section 41, the advisory body must send a report to the Welsh Ministers setting out the body's views on— a the way in which the carbon budget for the period was or was not met, b the action taken by the Welsh Ministers to reduce net Welsh emissions of greenhouse gases during the period, and c the matters set out in subsection (1). 3 No later than six months after the Welsh Ministers lay the statement under section 43 relating to 2030 before the National Assembly for Wales, the advisory body must send a report to the Welsh Ministers setting out the body's views on— a whether the interim emissions target for 2040 and the 2050 emissions target are the highest achievable targets, and b if either of them is not the highest achievable target, what is the highest achievable target. 4 No later than six months after the Welsh Ministers lay the statement under section 43 relating to 2040 before the National Assembly for Wales, the advisory body must send a report to the Welsh Ministers setting out the body's views on— a whether the 2050 emissions target is the highest achievable target, and b if not, what is the highest achievable target. 5 A report under subsection (3) or (4) may be combined with a report under subsection (2). 6 The Welsh Ministers must lay a copy of each report they receive under this section before the National Assembly for Wales. 7 The Welsh Ministers must lay a response to the points raised by the report before the National Assembly for Wales no later than six months after receiving the report. Duty of advisory body to provide advice and assistance 46 If requested to do so by the Welsh Ministers, the advisory body must provide the Welsh Ministers with advice, analysis, information or other assistance that is relevant to— a the exercise of the Welsh Ministers' functions under this Part, or b any other matters relating to climate change. Guidance to advisory body 47 1 In exercising its functions under this Part, the advisory body must have regard to any guidance given to it by the Welsh Ministers. 2 The Welsh Ministers may not give the advisory body guidance as to the content of any advice or report. Regulations: procedure and advice Regulations: procedure 48 1 A power to make regulations under this Part is to be exercised by statutory instrument. 2 A statutory instrument is subject to annulment in pursuance of a resolution of the National Assembly for Wales if it contains only— a regulations under section 44(1)(b) which do not make provision amending or repealing an enactment contained in an Act of Parliament or a Measure or Act of the National Assembly for Wales; b regulations under section 52. 3 Any other statutory instrument containing regulations under this Part may not be made unless a draft of the instrument has been laid before, and approved by resolution of, the National Assembly for Wales. Requirement to obtain advice about proposals to make regulations 49 1 Before laying draft regulations before the National Assembly for Wales in accordance with section 48, the Welsh Ministers must— a request advice from the advisory body about the proposal to make the regulations, and b take the advisory body's advice into account. 2 When the Welsh Ministers request advice from the advisory body under this section, they must specify a reasonable period within which the advice must be provided. 3 The advisory body must provide the advice within that period. 4 The advisory body's advice must set out the reasons for the advice. 5 The Welsh Ministers must publish the advisory body's advice as soon as reasonably practicable after receiving it. 6 If the draft regulations laid before the National Assembly for Wales make different provision from that recommended by the advisory body, the Welsh Ministers must also lay before the National Assembly a statement setting out the reasons why. 7 This section does not apply to regulations under section 44. Advice about proposed regulations relating to targets and budgets 50 1 When the advisory body provides the Welsh Ministers with advice about a proposal to make regulations under section 29 changing the 2050 emissions target or regulations under section 30 setting or changing an interim emissions target, the advice must include the advisory body's opinion as to— a whether the target proposed by the Welsh Ministers is the highest achievable target, and b if not, what is the highest achievable target. 2 When the advisory body provides the Welsh Ministers with advice about a proposal to make regulations under section 31 setting or changing a carbon budget for a budgetary period, the advice must include the advisory body's opinion as to— a the appropriate level of the carbon budget for the period; b the extent to which the carbon budget for the period should be met— i by reducing the amount of net Welsh emissions of greenhouse gases, or ii by the use of carbon units that in accordance with regulations under sections 33 and 36 may be credited to the net Welsh emissions account for the period; c the respective contributions towards meeting the carbon budget for the period that should be made— i by the sectors of the Welsh economy covered by trading schemes (taken as a whole); ii by the sectors of the Welsh economy not so covered (taken as a whole); d the sectors of the Welsh economy in which there are particular opportunities for contributions to be made towards meeting the carbon budget for the period through reductions in emissions of greenhouse gases. 3 When advising the Welsh Ministers about a proposal to make regulations changing the 2050 emissions target, or setting or changing an interim emissions target or a carbon budget, the advisory body must have regard to the matters mentioned in section 32(3). 4 In subsection (2), “ trading scheme ” has the meaning given by section 44 of the Climate Change Act 2008 (c. 27). Measurement and interpretation Measurement of emissions 51 1 For the purposes of this Part, each of the following must be measured or calculated in tonnes of carbon dioxide equivalent— a emissions of greenhouse gases; b reductions in greenhouse gas emissions; c removals of greenhouse gases from the atmosphere. 2 A “ tonne of carbon dioxide equivalent ” means one metric tonne of carbon dioxide or an amount of any other greenhouse gas with an equivalent global warming potential (calculated consistently with international carbon reporting practice). International carbon reporting practice 52 In this Part, “ international carbon reporting practice ” means accepted practice in relation to reporting for the purposes of— a the protocols to the United Nations Framework Convention on Climate Change, or b such other international agreements or arrangements, or obligations under EU law, as the Welsh Ministers may specify by regulations. General interpretation of this Part 53 In this Part— “ 2050 emissions target ” (“ targed allyriadau 2050 ”) has the meaning given by section 29; “ advisory body ” (“ corff cynghori ”) is to be interpreted in accordance with section 44; “ baseline ” (“ gwaelodlin ”) has the meaning given by section 38; “ budgetary period ” (“ cyfnod cyllidebol ”) has the meaning given by section 31(3); “carbon budget” (“ cyllideb garbon “) has the meaning given by section 31(1); “ carbon unit ” (“ uned garbon ”) has the meaning given by section 36(1); “ emissions ” (“ allyriadau ”), in relation to a greenhouse gas, means emissions of that gas into the atmosphere that are attributable to human activity; “ EU law ” (“ cyfreithiau'r UE ”) means— all the rights, powers, liabilities, obligations and restrictions from time to time created or arising by or under the EU Treaties, and all the remedies and procedures from time to time provided for by or under the EU Treaties; “ greenhouse gas ” (“ nwy tŷ gwydr ”) has the meaning given by section 37; “ interim emissions target ” (“ targed allyriadau interim ”) has the meaning given by section 30(1); “ interim target year ” (“ blwyddyn darged interim ”) has the meaning given by section 30(3); “ international carbon reporting practice ” (“ arferion rhyngwladol adrodd ar garbon ”) has the meaning given by section 52; “ net Welsh emissions ” (“ allyriadau net Cymru ”) has the meaning given by section 34(1); “ net Welsh emissions account ” (“ cyfrif allyriadau net Cymru ”) has the meaning given by section 33; “ Welsh emissions ” (“ allyriadau Cymru ”) has the meaning given by section 34(2); “ Welsh removals ” (“ echdyniadau Cymru ”) has the meaning given by section 34(3). PART 3 CHARGES FOR CARRIER BAGS Regulations about charges for carrier bags Meaning of “carrier bag” 54 In this Part, “ carrier bag ” means a bag supplied for the purpose of— a enabling goods to be taken away from the place where they are sold, or b enabling goods to be delivered. Requirement to charge 55 1 The Welsh Ministers must make regulations under this section (“ carrier bag regulations ”). 2 Carrier bag regulations may require sellers of goods to charge for the supply of carrier bags of descriptions specified in the regulations in the circumstances mentioned in subsection (3). 3 The circumstances are that the goods are— a sold at or from a place in Wales, or b intended to be delivered to a person in Wales. 4 The regulations may specify a description of carrier bag by reference (for example) to— a the bag's size, thickness, construction, composition or other characteristics, b the bag's intended use, c the price charged by the seller of goods for supplying the bag (excluding any charge required by the regulations), or any combination of those factors. 5 The regulations may— a specify the minimum amount that must be charged for a carrier bag, or b provide for that amount to be determined in accordance with the regulations. 6 In this Part, “ the charge ” means any charge for the supply of carrier bags made in accordance with carrier bag regulations. Sellers of goods 56 1 In this Part, “ seller of goods ” means a person who sells goods in the course of a business. 2 For the purposes of subsection (1), a person is acting in the course of a business if the person is— a carrying on any business or undertaking, whether for profit or not, or b exercising any functions of a public nature. 3 Subsections (1) and (2) are subject to any provision made by carrier bag regulations about persons who are, or are not, to be regarded as sellers in relation to goods. 4 Carrier bag regulations may make provision which applies to— a all sellers of goods, b specified sellers of goods, c sellers of goods of a specified description, or d sellers within paragraph (b) and sellers within paragraph (c). 5 The regulations may specify a description of seller by reference to— a the place or places at or from which a seller supplies goods; b the type of goods that a seller supplies; c the value of goods that a seller supplies; d a seller's turnover or any part of the turnover; e a seller's arrangements for applying the net proceeds of the charge (see section 57); f any other factor that the Welsh Ministers consider appropriate, whether or not that factor is of the same kind as those listed in paragraphs (a) to (e). Application of proceeds 57 1 Carrier bag regulations must require the net proceeds of the charge to be applied to charitable purposes which— a relate to environmental protection or improvement, and b directly or indirectly benefit the whole or any part of Wales (whether or not they also benefit any other area). 2 But the regulations must provide for an exception enabling a seller of goods to apply the net proceeds of the charge to other charitable purposes where— a the seller has, within a specified period occurring before provision made under subsection (1) first comes into force, applied amounts received by way of charges for carrier bags to those purposes, and b the seller has given notice of having applied amounts to those purposes as mentioned in paragraph (a) and of the seller's wish to be able to apply some or all of the net proceeds of the charge to those purposes. 3 The regulations may make provision— a about how, when and to whom notice must be given; b about information that must be provided when giving notice; c for the exception to apply subject to conditions. 4 The provision made by the regulations under subsection (1) may require a seller of goods to apply the net proceeds of the charge— a to such charitable purposes within that subsection as the seller may determine, or b where the regulations specify one or more charitable purposes, to those specified purposes or to such of them as the seller may determine. 5 Carrier bag regulations may (among other things)— a provide for the net proceeds of the charge to be treated as having been applied in accordance with provision made under this section if they are accepted by specified persons or persons of a specified description (or both); b make provision about the arrangements under which the net proceeds of the charge are to be given by sellers to the persons mentioned in paragraph (a) or any other person; c require persons who accept any net proceeds of the charge to apply the proceeds to charitable purposes in accordance with provision made under subsection (1) or (2). 6 The regulations may— a provide for recovery by the Welsh Ministers of sums equal to the proceeds of the charge that have been accepted or applied otherwise than in accordance with provision made under this section; b provide for the application of sums recovered by the Welsh Ministers to charitable purposes within subsection (1) (including such charitable purposes within that subsection as the Welsh Ministers may determine); c provide that sums recovered by the Welsh Ministers are not to be paid into the Welsh Consolidated Fund. 7 Carrier bag regulations may make provision that applies to persons other than sellers of goods, if the Welsh Ministers consider that such provision is appropriate for the enforcement of provision made under this section or for otherwise making such provision effective. 8 In this Part, “ charitable purpose ” has the meaning given in the Charities Act 2011 (c. 25) (see section 2 of that Act); but carrier bag regulations may provide for the definition to apply for the purposes of this Part with such modifications as the Welsh Ministers consider necessary or expedient for securing an appropriate application of the net proceeds of the charge. Administration and enforcement Administration 58 1 Carrier bag regulations may appoint a person (an “administrator”) to administer provision made by the regulations. 2 More than one person may be appointed as administrator. 3 The regulations may confer powers, or impose duties, on an administrator 4 The provision that may be made by virtue of subsection (3) includes provision— a making modifications to any enactment applying to the administrator, or b for any such enactment to apply, with or without modifications, for the purposes of the regulations. 5 References in this Part to an administrator include a person appointed by an administrator. Record-keeping and publication of records 59 1 Carrier bag regulations may require records to be kept relating to charges made by sellers of goods for carrier bags (whether or not the charges are required by the regulations). 2 The regulations may require— a the records, or such other information as may be specified, to be published at such times and in such manner as may be specified; b the records, or such other information as may be specified, to be supplied on request and in such manner as may be specified to— i the Welsh Ministers, ii an administrator, or iii members of the public. 3 The regulations may (for example) require the publication or supply of records or information relating to any of the following— a the amount received by a seller of goods by way of charges for carrier bags (whether in accordance with the regulations or otherwise); b the seller's gross or net proceeds of the charge; c the uses to which the net proceeds of the charge have been put. 4 Carrier bag regulations may also require the publication or supply of records or information relating to the amount that a person has received from a seller by way of net proceeds of the charge to be applied to charitable purposes. Enforcement 60 1 Carrier bag regulations may confer or impose powers or duties on an administrator to enforce provision made by the regulations. 2 The regulations may (for example) confer powers on an administrator to— a require the production of documents or the provision of information, or b question a seller of goods or officers or employees of a seller. 3 The regulations may also confer powers on an administrator to question a person the administrator reasonably believes has received any net proceeds of the charge or officers or employees of such a person. 4 Carrier bag regulations that confer a power within subsection (2) must contain provision for ensuring that the power is exercised by an administrator only where the administrator reasonably believes there has been a failure to comply with a requirement of the regulations. Civil sanctions 61 Schedule 1 makes provision about civil sanctions. General Regulations under this Part 62 1 The power to make carrier bag regulations is to be exercised by statutory instrument. 2 The power to make carrier bag regulations includes power— a to make different provision for different purposes or cases; b to make incidental, supplementary, consequential, transitional or saving provision. 3 Provision under subsection (2)(b) may amend, repeal or revoke an enactment. 4 A statutory instrument containing carrier bag regulations may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales. General interpretation of this Part 63 In this Part— “ carrier bag ” (“ bag siopa ”) has the meaning given by section 54; “ carrier bag regulations ” (“ rheoliadau bagiau siopa ”) has the meaning given by section 55; “ the charge ” (“ y tâl ”) has the meaning given by section 55; “ charitable purpose ” (“ diben elusennol ”) is to be interpreted in accordance with section 57(8); “ gross proceeds of the charge ” (“ enillion gros o'r tâl ”) means the amount received by a seller of goods by way of the charge; “ net proceeds of the charge ” (“ enillion net o'r tâl ”) means a seller's gross proceeds of the charge reduced by such amounts as may be specified; “ seller of goods ” (“ gwerthwr nwyddau ”) is to be interpreted in accordance with section 56; “ specified ” (“ penodedig ”) means specified in carrier bag regulations. Minor and consequential amendments and repeals 64 Part 2 of Schedule 2 contains minor and consequential amendments and repeals relating to this Part. PART 4 COLLECTION AND DISPOSAL OF WASTE Separate collection etc. of waste Requirements relating to separate collection etc. of waste 65 In the Environmental Protection Act 1990 (c. 43), after section 45A insert— Wales: separate collection etc. of waste 45AA 1 Where a waste collection authority in Wales arranges for the collection of controlled waste in its area under section 45, it must arrange for the waste to be collected in accordance with any applicable separation requirements. 2 A person acting in the course of a business who— a collects controlled waste from premises in Wales, or b receives, keeps, treats or transports controlled waste in Wales, must do so in accordance with any applicable separation requirements. 3 For the purposes of subsection (2), a person is acting in the course of a business if the person is— a carrying on any business or undertaking, whether for profit or not, or b exercising any functions of a public nature. 4 An occupier of premises in Wales who presents controlled waste for collection (whether by a waste collection authority or by any other person) must do so in accordance with any applicable separation requirements. 5 Subsection (4) does not apply to an occupier of premises within paragraph (a) or (b) of section 75(5) (domestic property and caravans). 6 A separation requirement is a requirement to take steps specified in regulations made by the Welsh Ministers for the purpose of ensuring or maintaining the separation of one or more types of waste from other types of waste or from other substances or articles. 7 A separation requirement is applicable in the circumstances specified in relation to that requirement in regulations made by the Welsh Ministers. 8 A person commits an offence if the person fails without reasonable excuse to comply with subsection (2) or (4). 9 A person who commits an offence under subsection (8) is liable on summary conviction, or on conviction on indictment, to a fine. 10 The Welsh Ministers may by regulations make provision (which may include provision amending this section)— a for subsection (1) or (2) to apply subject to exceptions; b for subsection (4) to apply subject to exceptions in addition to those in subsection (5). 11 Regulations under this section may make different provision for different purposes, different cases (including different persons, premises or types of waste) and different areas. Code of practice 45AB 1 The Welsh Ministers may issue one or more codes of practice for the purpose of giving practical guidance about how to comply with requirements imposed by or under section 45AA. 2 The Welsh Ministers may revoke or revise a code of practice issued under this section. 3 Before issuing a code of practice (or revised code), the Welsh Ministers must consult such persons as they think appropriate. 4 Where the Welsh Ministers issue a code of practice (or revised code) they must— a publish the code, and b lay a copy before the National Assembly for Wales. 5 A code of practice issued under this section is admissible in evidence in any proceedings and must be taken into account by a court in determining any question to which it appears to the court to be relevant. Disposal of waste Prohibition on disposal of food waste to sewer 66 1 In the Environmental Protection Act 1990, after section 34C insert— Wales: disposal of food waste Prohibition on disposal of food waste to sewer 34D 1 An occupier of premises in Wales must not— a discharge food waste produced on or brought onto the premises, or b knowingly cause or knowingly permit food waste produced on or brought onto the premises to be discharged, into a public sewer or a sewer or drain communicating with a public sewer. 2 Subsection (1) does not apply to an occupier of premises within paragraph (a) or (b) of section 75(5) (domestic property and caravans). 3 A person commits an offence if, without reasonable excuse, the person contravenes subsection (1). 4 A person who commits an offence under subsection (3) is liable on summary conviction, or on conviction on indictment, to a fine. 5 In subsection (1)— “ food waste ” means controlled waste that— has at any time been food (which for this purpose does not include drink) intended for human consumption, or is biodegradable waste arising from the processing or preparation of food or drink, but does not include waste that is mixed with water or any other liquid as a result of the water or liquid having been used to clean any place or equipment used in processing or preparing food or drink; “ drain ”, “ public sewer ” and “ sewer ” have the meanings given in section 219(1) of the Water Industry Act 1991. 6 The Welsh Ministers may by regulations— a provide for subsection (1) to apply only in circumstances specified in the regulations; b make provision (which may include provision amending this section) for subsection (1) to apply subject to exceptions in addition to those in subsection (2); c amend the definition of “food waste” in subsection (5). 7 Regulations under subsection (6)(a) or (b) may make different provision for different purposes, different cases (including different persons, premises or types of food waste) and different areas. 2 In section 118 of the Water Industry Act 1991 (c. 56)— a in subsection (1), after “trade premises” insert “ in England ” ; b after subsection (1) insert— 1A Subject to the following provisions of this Chapter and section 34D of the Environmental Protection Act 1990, the occupier of any trade premises in Wales in the area of a sewage undertaker may discharge any trade effluent proceeding from those premises into the undertaker's public sewers if the occupier does so with the undertaker's consent. Power to prohibit or regulate disposal of waste by incineration 67 In the Waste (Wales) Measure 2010 (nawm 8), after section 9 insert— Regulations prohibiting incineration of waste 9A 1 The Welsh Ministers may by regulations make provision for and in connection with prohibiting or otherwise regulating the incineration in Wales of specified kinds of waste. 2 Regulations under subsection (1) may (among other things)— a amend regulations made under section 2 of the Pollution Prevention and Control Act 1999 which relate to the operation of waste incineration plants or waste co-incineration plants; b provide for offences in relation to failure to comply with provision made under the regulations; c provide for penalties in relation to such offences; d provide for enforcement authorities and the functions of such authorities. 3 In this section— “ incineration ” (“ llosgi ”), in relation to waste, means— incineration of the waste in a waste incineration plant or waste co-incineration plant, and any other thermal treatment of the waste prior to its incineration; “ waste incineration plant ” (“ peiriant llosgi gwastraff ”) has the meaning given in Article 3(40) of Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions (integrated pollution prevention and control) (Recast); “ waste co-incineration plant ” (“ peiriant cydlosgi gwastraff ”) has the meaning given in Article 3(41) of that Directive. Enforcement Civil sanctions 68 1 For the purposes of Part 3 of the Regulatory Enforcement and Sanctions Act 2008 (c. 13) (“ RE SA 2008”), the offences under sections 34D and 45AA of the Environmental Protection Act 1990 (as inserted by sections 65 and 66) are to be treated as having been contained in that Act immediately before the day on which RESA 2008 was passed. 2 Section 10 of the Waste (Wales) Measure 2010 is amended as follows. 3 In the title, for “the deposit of waste in a landfill” substitute “ offences created by regulations under sections 9 and 9A ” . 4 In subsection (1), after “9(1)” insert “ or 9A(1) ” . 5 In subsection (2), for “Regulations under section 9(1) may” substitute “ The power may be exercised to ” . 6 For subsection (3) substitute— 3 But sections 39(4) and 42(6) of RESA 2008 do not apply to the provision that may be made by regulations under section 9(1) or 9A(1) by virtue of subsection (2). 7 In subsection (4), for “to provision made under or by virtue of regulations under subsection (2) as they apply to provision” substitute “ where regulations under section 9(1) or 9A(1) make provision by virtue of subsection (2) as they apply where provision is ” . 8 In subsection (6), after “9(1)” insert “ or 9A(1) (as appropriate) ” . General Regulations 69 1 Section 161 of the Environmental Protection Act 1990 (regulations, orders and directions) is amended in accordance with subsections (2) to (4). 2 In subsection (1), for “National Assembly for Wales” substitute “ the Welsh Ministers ” . 3 In subsection (2A), for “made solely by the National Assembly for Wales” substitute “ containing regulations made solely by the Welsh Ministers ” . 4 After subsection (2A) insert— 2AA A statutory instrument containing regulations under section 34D or 45AA(10) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales. 2AB Any other statutory instrument containing regulations made by the Welsh Ministers under this Act is subject to annulment in pursuance of a resolution of the National Assembly for Wales. 5 In section 20(3) of the Waste (Wales) Measure 2010 (orders and regulations requiring approval of National Assembly for Wales), after “9,” insert “ 9A ” . Minor and consequential amendments and repeals 70 Part 3 of Schedule 2 contains minor and consequential amendments and repeals relating to this Part. PART 5 FISHERIES FOR SHELLFISH Applications for orders relating to fisheries Applications for orders relating to fisheries 71 1 In section 1 of the Sea Fisheries (Shellfish) Act 1967 (c. 83) (power to make orders as to fisheries for shellfish), after subsection (2) insert— 2A In relation to applications to the Welsh Ministers, subsection (2) has effect as if for “prescribed by regulations made by the appropriate Minister” there were substituted “ specified by the Welsh Ministers ” . 2B The Welsh Ministers may require a person who applies to them for an order under this section to provide them with such further information as they think necessary to enable them to determine the application. 2 The amendment made by subsection (1) does not apply in relation to applications that have been made to the Welsh Ministers before this section comes into force. Protection of marine environment Requirement to include environmental provisions in orders relating to fisheries 72 1 The Sea Fisheries (Shellfish) Act 1967 is amended as follows. 2 After section 5 insert— Orders made by Welsh Ministers: protection of marine environment 5A 1 An order made by the Welsh Ministers under section 1 of this Act must contain— a such provision (if any) as the Welsh Ministers consider appropriate for the purpose of preventing harm to any European marine site identified in the order, and b such other provision (if any) as they consider appropriate for the purpose of protecting the marine environment. 2 For the purposes of this section, “ the marine environment ” includes— a the natural beauty or amenity of marine or coastal areas (including their geological or physiographical features); b features of archaeological or historic interest in such areas; c flora and fauna which are dependent on, or associated with, a marine or coastal environment. 3 In section 3, in subsection (2), for “section 4” substitute “ sections 4 and 5A ” . Power to serve notices for protection of European marine sites 73 In the Sea Fisheries (Shellfish) Act 1967, after section 5A (as inserted by section 72) insert— European marine sites: power of Welsh Ministers to serve site protection notice 5B 1 If it appears to the Welsh Ministers that harm to a European marine site has occurred, or is likely to occur, as a result of any activity— a carried on in the exercise of a right conferred by an order made by them under section 1 of this Act, or b authorised in pursuance of provision made by or under such an order which confers a right of regulating a fishery, the Welsh Ministers may serve a site protection notice on the grantees of the order. 2 A site protection notice is a notice which requires the grantees to take steps specified in the notice for the purpose of preventing harm (or further harm) to the European marine site. 3 The provision that may be made by a site protection notice includes provision prohibiting, restricting or interfering with the exercise of any right conferred by the order. 4 A site protection notice must— a be in writing, b set out the reasons for giving the notice, and c specify the time by which, or the period for which, the steps specified in the notice must be taken. 5 The Welsh Ministers must consult the grantees of the order before serving a site protection notice on them, unless it appears to the Welsh Ministers that there is an urgent need to take steps to prevent harm (or further harm) to the European marine site. 6 The Welsh Ministers may vary or cancel a site protection notice by serving notice of the variation or cancellation on the grantees of the order. 7 The Welsh Ministers must publish every notice served by them under this section in such manner as they consider appropriate for the purpose of bringing the notice to the attention of persons likely to be affected by it. 8 Provision under subsection (4)(c) may specify a time after, or a period which ends after, the expiry of the order; and in such a case, references in sections 5C and 5D of this Act to the grantees of the order are, in relation to any time after its expiry, references to the persons who were the grantees immediately before the order expired. 9 Subsections (2) to (7) of section 5 of this Act apply for the purposes of this section as they apply for the purposes of subsection (1) of that section. Appeal against site protection notice 5C 1 An appeal lies to the First-tier Tribunal against— a a site protection notice; b any provision of a site protection notice; c the variation of a site protection notice; d the refusal of a request for the variation or cancellation of a site protection notice. 2 An appeal may be brought— a in the case of an order made under section 1 of this Act which confers a right of several fishery, by the grantees of the order; b in the case of such an order which confers a right of regulating a fishery— i by the grantees of the order, or ii by a person authorised to carry on an activity in pursuance of provision made by or under the order who is affected by the site protection notice or variation. 3 Where an appeal is brought by a person mentioned in subsection (2)(b)(ii), the grantees of the order are entitled to be parties to the appeal. 4 The First-tier Tribunal may suspend a site protection notice, or a variation of such a notice, pending the determination of an appeal. 5 On an appeal the Tribunal may confirm, vary or cancel a site protection notice. 6 If the Tribunal varies or cancels the notice, it may order the Welsh Ministers to pay compensation to any other party to the appeal for loss or damage suffered by that party as a result of the notice. Failure to comply with site protection notice 5D 1 If the grantees of an order made under section 1 of this Act fail to comply with a site protection notice, the Welsh Ministers may themselves do anything that could be done by the grantees for the purpose of complying with the notice. 2 If the Welsh Ministers incur expenses in doing anything under subsection (1), they may recover those expenses from the grantees as a debt. Power to vary or revoke orders to protect European marine sites 74 1 The Sea Fisheries (Shellfish) Act 1967 is amended as follows. 2 After section 5D (as inserted by section 73) insert— European marine sites: power of Welsh Ministers to vary or revoke order under section 1 5E 1 This section applies where— a the Welsh Ministers have served a site protection notice on the grantees of an order made under section 1 of this Act, b the notice has not been cancelled under section 5B(6) or 5C(5) of this Act, and c no appeal under section 5C of this Act is pending. 2 The Welsh Ministers may vary or revoke the order to reflect the effect of the site protection notice. 3 Before making an order by virtue of this section, the Welsh Ministers must consult— a any persons who are entitled to a right of several fishery or a right of regulating a fishery in any part of the area to which the order relates, and b any other persons the Welsh Ministers think are likely to be interested in the order or affected by it. 4 For the purposes of subsection (1)(c), an appeal under section 5C is pending if— a an appeal under that section (or a further appeal) has been brought and has not been determined or withdrawn, or b an appeal under that section (or a further appeal) has not been brought but the period for bringing such an appeal is still running. 3 In section 1 (power to make orders as to fisheries for shellfish), in subsection (8), after “subsection (10) below” insert “ or by virtue of section 5E of this Act ” . Supplementary provision 75 In the Sea Fisheries (Shellfish) Act 1967, after section 5E (as inserted by section 74) insert— Protection of marine environment: supplementary provision 5F 1 In sections 5A to 5E of this Act— “ European marine site ” has the same meaning as in the Conservation of Habitats and Species Regulations 2010 (S.I. 2010/490) (see regulation 8); “ the grantees ”, in relation to a right of several fishery, means the persons for the time being entitled to that right; “ harm ”, in relation to a European marine site, means— an adverse effect on the integrity of the site, the deterioration of a relevant natural habitat or of the habitat of a relevant species, or the disturbance of a relevant species, in so far as the disturbance could be significant in relation to the objectives of the Habitats Directive. 2 For the purposes of the definition of “harm” in subsection (1)— a “relevant” natural habitat or species is one for which the site in question has been designated or classified as a European marine site; “ the Habitats Directive ” means Council Directive 92/43/ EEC on the conservation of natural habitats and of wild fauna and flora. 3 Sections 5A to 5E of this Act do not apply in relation to an order made under section 1 of this Act before the coming into force of Part 5 of the Environment (Wales) Act 2016. PART 6 MARINE LICENSING Advice and assistance in relation to marine licensing 76 In the Marine and Coastal Access Act 2009 (c. 23), after section 67 insert— Advice and other assistance from the Welsh Ministers 67A 1 This section applies where the Welsh Ministers are the appropriate licensing authority. 2 The licensing authority may provide advice or other assistance to any person who requests it in connection with— a an application which the person proposes to make to the licensing authority for a marine licence, or b any other matter in respect of which the licensing authority exercises functions under this Part. 3 The licensing authority may charge fees in respect of the reasonable costs incurred by it in connection with the provision of advice or other assistance under subsection (2). Fees for monitoring, variation etc. of marine licences 77 1 In the Marine and Coastal Access Act 2009, after section 72 insert— Further fees chargeable where the Welsh Ministers are the appropriate licensing authority 72A 1 This section applies where the Welsh Ministers are the appropriate licensing authority in relation to a marine licence granted under this Part. 2 The licensing authority may require the licensee to pay a fee for— a monitoring an activity authorised by the licence, b assessing and interpreting the results of any monitoring of an activity authorised by the licence, or c dealing with an application by the licensee for a variation, suspension, revocation or transfer of the licence under section 72. 3 In subsection (2) “ monitoring ”, in relation to a licence, means monitoring carried out for the purposes of enabling the licensing authority to determine— a the environmental, economic or social consequences of any activity authorised by the licence, or b whether the licensee is complying with any conditions attached to that licence. 4 The fees that may be charged under subsection (2) are to be determined by or in accordance with regulations made by the licensing authority. 5 Regulations under subsection (4) may provide for different fees for different cases. 6 If the licensing authority carries out any investigation, examination or test which in its opinion is necessary or expedient to enable it to determine an application by a licensee for a variation, suspension, revocation or transfer of a licence under section 72, the authority may require the licensee to pay a fee towards the reasonable expenses of that investigation, examination or test. 7 If a licensee fails to comply with a requirement to pay a fee charged under subsection (2)(a) or (b), the licensing authority may by notice vary, suspend or revoke the licence. 8 The suspension of a licence under subsection (7) continues in effect until the fee is paid (but this is subject to any provision made under section 108(3)(b) in relation to notices under that subsection). 9 If a licensee who has applied for a variation, suspension, revocation or transfer of a licence under section 72 fails to comply with a requirement to pay a fee charged under this section in connection with that application, the licensing authority may— a refuse to proceed with the application, or b refuse to proceed with it until the failure is remedied. 2 The amendment made by subsection (1) has effect in relation to marine licences whenever granted. Further provision about payment of fees 78 In the Marine and Coastal Access Act 2009, after section 107 insert— Deposits on account of fees payable to the Welsh Ministers 107A 1 This section applies where the Welsh Ministers are the appropriate licensing authority. 2 Where a person is required to pay a fee to the licensing authority under this Part, the licensing authority may require the person to pay a deposit on account of the fee. 3 The amount that a person may be required to pay under subsection (2) is to be determined by or in accordance with regulations made by the licensing authority. 4 If a licensee fails to comply with a requirement to pay a deposit charged under subsection (2) on account of a fee charged under section 72A(2)(a) or (b), the licensing authority may by notice vary, suspend or revoke the licence. 5 The suspension of a licence under subsection (4) continues in effect until the deposit is paid (but this is subject to any provision made under section 108(3)(b) in relation to notices under that subsection). 6 If a person who has applied for a licence under section 67 or for a variation, suspension, revocation or transfer of a licence under section 72 fails to comply with a requirement to pay a deposit charged under subsection (2) in connection with that application, the licensing authority may— a refuse to proceed with the application, or b refuse to proceed with it until the failure is remedied. Supplementary provision about fees payable to the Welsh Ministers 107B 1 This section applies where the Welsh Ministers are the appropriate licensing authority. 2 When making provision under section 67(2) or 72A(4) about fees payable in respect of a type of application to the licensing authority or in respect of an activity of the licensing authority, the licensing authority must decide what provision to make by reference to the expected costs of dealing with that type of application or of carrying out that activity. 3 The licensing authority may require a fee charged by it under this Part to be payable in advance of the activity to which the fee relates being carried out. 4 The licensing authority may waive or reduce a fee. 5 The licensing authority may by regulations make provision about how and when a fee or deposit charged by it under this Part is to be paid. 6 A fee or deposit charged under this Part may be recovered by the licensing authority as a civil debt (in addition to any other action that may be taken by the licensing authority). Appeal against variation etc. of marine licence for non-payment of fee or deposit 79 In section 108 of the Marine and Coastal Access Act 2009 (appeals against notices), after subsection (2) insert— 2A The Welsh Ministers must by regulations make provision for any person to whom a notice is issued under section 72A(7) or 107A(4) to appeal against that notice. Exceptions from power to delegate licensing authority functions 80 In section 98(6) of the Marine and Coastal Access Act 2009 (functions excepted from power to delegate)— a after paragraph (c) insert— ca section 72A(4) (making regulations regarding fees for monitoring, variation etc of licences for which the Welsh Ministers are the licensing authority); ; b after paragraph (h) insert— ha section 107A(3) (making regulations regarding deposits payable on account of fees where the Welsh Ministers are the licensing authority); hb section 107B(5) (making regulations regarding payment of fees and deposits where the Welsh Ministers are the licensing authority); . PART 7 MISCELLANEOUS Flood and Coastal Erosion Committee Establishment of Flood and Coastal Erosion Committee 81 1 In the Flood and Water Management Act 2010 (c. 29), before section 27 (and the italic cross-heading before it) insert— 4A. Flood and Coastal Erosion Committee for Wales Establishment and functions 26B 1 There is established a committee to be known as the Flood and Coastal Erosion Committee or Pwyllgor Llifogydd ac Erydu Arfordirol. 2 The purpose of the Committee is to advise the Welsh Ministers on matters relating to flood and coastal erosion risk management. 3 The Welsh Ministers may by regulations confer or impose additional functions on the Committee for any purpose connected with flood or coastal erosion risk management in Wales. Constitution 26C 1 The Welsh Ministers may by regulations make provision about the membership of the Flood and Coastal Erosion Committee, including— a the number of members, b conditions of eligibility for appointment, and c the method of selection and appointment of members (including who is to appoint them). 2 The Welsh Ministers may by regulations make provision about the proceedings of the Committee, including— a quorum, and b the nature and extent of a majority required for specified purposes. Payments relating to members 26D 1 The Welsh Ministers may by regulations make provision for the payment to or in respect of persons who chair or have chaired the Flood and Coastal Erosion Committee of— a remuneration; b allowances; c sums by way of or in respect of pension; d compensation for loss of office. 2 The Welsh Ministers may by regulations make provision for the payment of allowances to members of the Committee. 3 Regulations under this section— a must specify who is to make any payment for which the regulations make provision; b may make provision about the circumstances in which a payment is to be made; c may determine, or provide for the determination of, the amount or maximum amount of a payment. 2 The Regional Flood and Coastal Committee established under section 22(1)(c) of the Flood and Water Management Act 2010 is abolished. 3 Part 4 of Schedule 2 provides for minor and consequential amendments and repeals relating to this section. Land drainage Repeal of requirements to publish in local newspapers etc. 82 1 In the Land Drainage Act 1991 (c. 59), omit— section 2(2A); section 3(4A); section 38(6A); section 39(5A); section 48(3A); section 58(3A); paragraph 1(1A) of Schedule 5. 2 In Schedule 9 to the Water Act 2014 (c. 21), omit paragraphs 2(3), 3(3), 4(3), 5(3), 6(3), 7(3) and 8(3). Valuation of non-agricultural land for apportionment of drainage expenses 83 1 The Land Drainage Act 1991 (c. 59) is amended as follows. 2 In section 37 (apportionment of expenses of internal drainage boards)— a in subsection (5), after “this section” insert “ as it applies in relation to England, ” ; b after subsection (5) insert— 5A For the purposes of this section as it applies in relation to Wales, the value of other land in an internal drainage district is to be determined in accordance with regulations made by the Welsh Ministers. 5B The regulations may, among other things, make provision— a about methods to be applied, or factors to be taken into account, in determining the value of land; b for the value of land to be determined on the basis of estimates, assumptions or averages; c for the value of land to be determined for the purposes of this section by reference to the value shown for the time being in a list or register prepared for the purposes of another enactment; d for determining the value of land which is only partly within the internal drainage district in question. 5C The regulations may— a make different provision for different cases, including different provision in relation to different circumstances or descriptions of land; b make such incidental, supplementary, consequential, transitional or saving provision as the Welsh Ministers consider appropriate. 5D Regulations may not be made under subsection (5A) unless a draft of the instrument containing the regulations has been laid before, and approved by a resolution of, the National Assembly for Wales. 3 In section 65(2) (regulations), after “Subject to” insert “ section 37(5D) and ” . Power to make provision for appeals against special levies 84 1 The Local Government Finance Act 1988 (c. 41) is amended as follows. 2 In section 75 (special levies), after subsection (7) insert— 7A Regulations made by the Welsh Ministers may include provision for appeals to be made to the Welsh Ministers from special levies issued to meet expenses incurred in the exercise of functions relating to land drainage. 3 In section 138 (judicial review)— a in subsection (2)(f), after “above” insert “ (subject to subsection (4)) ” ; b after subsection (3) insert— 4 Subsection (1) does not affect appeals made by virtue of provision made in regulations under section 75(7A) . 4 In section 143 (orders and regulations)— a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . b omit subsection (4A). 5 In Schedule 7 to the Local Government Act 2003 (c. 26), omit paragraph 24(4). Power of entry: compliance with order for cleansing ditches etc. 85 1 In section 29 of the Land Drainage Act 1991 (c. 59) (effect of orders requiring cleansing of ditches etc.), after subsection (1) insert— 1A Where, in the case of an order made under section 28 by the Agricultural Land Tribunal in relation to land in Wales, the Welsh Ministers, at any time after the end of three months or such longer period as may be specified in the order, have reasonable grounds for believing that any work specified in the order has not been carried out— a the Welsh Ministers, or b any person authorised by them, either generally or in a particular case, may, in order to ascertain whether the work has been carried out, enter any land which it is necessary to enter for that purpose. 2 The amendment made by subsection (1) has effect in relation to orders whenever made. Byelaws Byelaws made by the Natural Resources Body for Wales 86 Part 5 of Schedule 2 contains amendments relating to byelaws made by the Natural Resources Body for Wales. PART 8 GENERAL Interpretation 87 In this Act— “enactment”(“ deddfiad ”) means a provision contained in any of the following (whenever enacted or made)— an Act of Parliament; a Measure or an Act of the National Assembly for Wales; subordinate legislation within the meaning of the Interpretation Act 1978 (c. 30) (including subordinate legislation made under an Act of Parliament or a Measure or Act of the National Assembly for Wales); “ Wales ” (“ Cymru ”) has the meaning given by section 158 of the Government of Wales Act 2006 (c. 32). Coming into force 88 1 This Part comes into force on the day on which this Act receives Royal Assent. 2 The following provisions come into force at the end of the period of two months beginning with the day on which this Act receives Royal Assent— a Part 1 (sustainable management of natural resources); b Part 2 (climate change); c Part 5 (fisheries for shellfish); d section 82 (repeal of publication requirements); e section 84 (appeals against special drainage levies); f section 85 (power of entry); g section 86 (byelaws). 3 The following provisions come into force on a day appointed by the Welsh Ministers in an order made by statutory instrument— a Part 3 (charges for carrier bags); b Part 4 (collection and disposal of waste); c Part 6 (marine licensing); d section 81 (flood and coastal erosion committee); e section 83 (valuation of non-agricultural land). 4 An order under subsection (3) may— a appoint different days for different purposes; b make such transitional or saving provision in connection with the coming into force of a provision of this Act as the Welsh Ministers consider appropriate. Short title 89 The short title of this Act is the Environment (Wales) Act 2016. SCHEDULE 1 CHARGES FOR CARRIER BAGS: CIVIL SANCTIONS (introduced by section ) Civil sanctions 1 1 Carrier bag regulations may make provision about civil sanctions for breaches of the regulations. 2 For the purposes of this Schedule, a person breaches carrier bag regulations if, in such circumstances as may be specified, the person— a fails to comply with a requirement made by or under the regulations, or b obstructs or fails to assist an administrator. 3 In this Schedule, “ civil sanction ” means— a a fixed monetary penalty, or b a discretionary requirement. Fixed monetary penalties 2 1 Carrier bag regulations may confer on an administrator the power by notice to impose a fixed monetary penalty on a person who breaches the regulations. 2 The regulations may only confer such a power in relation to a case where the administrator is satisfied on the balance of probabilities that the breach has occurred. 3 For the purposes of this Schedule, a “fixed monetary penalty” is a requirement to pay to an administrator a penalty of an amount specified in or determined in accordance with the regulations. 4 The regulations may not provide for the imposition of a fixed monetary penalty in excess of £5,000. Fixed monetary penalties: procedure 3 1 Carrier bag regulations that make provision under paragraph 2 must secure that— a where an administrator proposes to impose a fixed monetary penalty on a person, the administrator must serve on that person a notice of what is proposed (a “notice of intent”) that complies with sub-paragraph (2), b the notice of intent also offers the person the opportunity to discharge the person's liability for the fixed monetary penalty by payment of a specified sum (which must be less than or equal to the amount of the penalty), c if the person does not so discharge liability— i the person may make written representations and objections to the administrator in relation to the proposed imposition of the fixed monetary penalty, and ii the administrator must at the end of the period for making representations and objections decide whether to impose the fixed monetary penalty, d where the administrator decides to impose the fixed monetary penalty, the notice imposing it (“the final notice”) complies with sub-paragraph (4), and e the person on whom a fixed monetary penalty is imposed may appeal against the decision to impose it. 2 To comply with this sub-paragraph, the notice of intent must include information as to— a the grounds for the proposal to impose the fixed monetary penalty, b the effect of payment of the sum referred to in sub-paragraph (1)(b), c the right to make representations and objections, d the circumstances in which the administrator may not impose the fixed monetary penalty, e the period within which liability to the fixed monetary penalty may be discharged, which may not exceed the period of 28 days beginning with the day on which the notice of intent was received, and f the period within which representations and objections may be made, which may not exceed the period of 28 days beginning with the day on which the notice of intent was received. 3 Provision pursuant to sub-paragraph (1)(c)(ii) must include provision for circumstances in which the administrator may not decide to impose a fixed monetary penalty. 4 To comply with this sub-paragraph the final notice referred to in sub-paragraph (1)(d) must include information as to— a the grounds for imposing the penalty, b how payment may be made, c the period within which payment must be made, d any early payment discounts or late payment penalties, e rights of appeal, and f the consequences of non-payment. 5 Provision pursuant to sub-paragraph (1)(e) must secure that the grounds on which a person may appeal against a decision of the administrator include the following— a that the decision was based on an error of fact; b that the decision was wrong in law; c that the decision was unreasonable. Discretionary requirements 4 1 Carrier bag regulations may confer on an administrator the power by notice to impose one or more discretionary requirements on a person who breaches the regulations. 2 The regulations may only confer such a power in relation to a case where the administrator is satisfied on the balance of probabilities that the breach has occurred. 3 For the purposes of this Schedule, a “ discretionary requirement ” means— a a requirement to pay a monetary penalty to an administrator of such amount as the administrator may determine, or b a requirement to take such steps as an administrator may specify, within such period as the administrator may specify, to secure that the breach does not continue or recur. 4 In this Schedule— “ variable monetary penalty ” (“ cosb ariannol amrywiadwy ”) means a requirement referred to in sub-paragraph (3)(a), and “ non-monetary discretionary requirement ” (“ gofyniad yn ôl disgresiwn nad yw'n un ariannol ”) means a requirement referred to in sub-paragraph (3)(b). 5 Carrier bag regulations must, in relation to each kind of breach of the regulations for which a variable monetary penalty may be imposed— a specify the maximum penalty that may be imposed for a breach of that kind, or b provide for that maximum to be determined in accordance with the regulations. 6 The regulations may not permit discretionary requirements to be imposed on a person on more than one occasion in relation to the same act or omission. Discretionary requirements: procedure 5 1 Carrier bag regulations that make provision under paragraph 4 must secure that— a where an administrator proposes to impose a discretionary requirement on a person, the administrator must serve on that person a notice of what is proposed (a “notice of intent”) that complies with sub-paragraph (2), b that person may make written representations and objections to the administrator in relation to the proposed imposition of the discretionary requirement, c after the end of the period for making such representations and objections, the administrator must decide whether to— i impose the discretionary requirement, with or without modifications, or ii impose any other discretionary requirement that the administrator has power to impose under paragraph 4, d where the administrator decides to impose a discretionary requirement, the notice imposing it (the “final notice”) complies with sub-paragraph (4), and e the person on whom a discretionary requirement is imposed may appeal against the decision to impose it. 2 To comply with this sub-paragraph, the notice of intent must include information as to— a the grounds for the proposal to impose the discretionary requirement, b the right to make representations and objections, c the circumstances in which the administrator may not impose the discretionary requirement, d the period within which representations and objections may be made, which may not be less than the period of 28 days beginning with the day on which the notice of intent is received. 3 Provision pursuant to sub-paragraph (1)(c) must include provision for circumstances in which the administrator may not decide to impose a fixed monetary penalty. 4 To comply with this sub-paragraph, the final notice referred to in sub-paragraph (1)(d) must include information as to— a the grounds for imposing the discretionary requirement, b where the discretionary requirement is a variable monetary penalty— i how payment may be made, ii the period within which payment must be made, and iii any early payment discounts or late payment penalties, c rights of appeal, and d the consequences of non-compliance. 5 Provision pursuant to sub-paragraph (1)(e) must secure that the grounds on which a person may appeal against a decision of the administrator include the following— a that the decision was based on an error of fact; b that the decision was wrong in law; c in the case of a variable monetary penalty, that the amount of the penalty is unreasonable; d in the case of a non-monetary discretionary requirement, that the nature of the requirement is unreasonable; e that the decision was unreasonable for any other reason. Discretionary requirements: enforcement 6 1 If carrier bag regulations make provision under paragraph 4, they may confer on an administrator the power to require a person to pay a monetary penalty (a “non-compliance penalty”) to the administrator if the person fails to comply with a non-monetary discretionary requirement imposed on the person. 2 The regulations may— a specify the amount of the non-compliance penalty or provide for that amount to be determined in accordance with the regulations, or b provide for the amount to be determined by the administrator or in some other way. 3 If carrier bag regulations make provision within sub-paragraph (2)(b), they must, in relation to each kind of failure for which a non-compliance penalty may be imposed— a specify the maximum penalty that may be imposed for a failure of that kind, or b provide for that maximum to be determined in accordance with the regulations. 4 Carrier bag regulations that make provision under sub-paragraph (1) must secure that— a the non-compliance penalty is imposed by notice served by the administrator, and b the person on whom it is imposed may appeal against that notice. 5 Provision pursuant to paragraph (b) of sub-paragraph (4) must secure that the grounds on which a person may appeal against a notice referred to in that paragraph include the following— a that the decision to serve the notice was based on an error of fact; b that the decision was wrong in law; c that the decision was unfair or unreasonable for any reason (including, in a case where the amount of the non-compliance penalty was determined by the administrator, that the amount is unreasonable). Combination of sanctions 7 1 Carrier bag regulations may not make provision under paragraphs 2 and 4 conferring powers on an administrator in relation to the same kind of breach of the regulations unless the following requirements are complied with. 2 The regulations must secure that the administrator may not serve a notice of intent referred to in paragraph 3(1)(a) on a person in relation to a breach where a discretionary requirement has been imposed on that person in relation to the same breach. 3 The regulations must secure that the administrator may not serve a notice of intent referred to in paragraph 5(1)(a) on a person in relation to a breach where— a a fixed monetary penalty has been imposed on that person in relation to the same breach, or b the person has discharged liability to a fixed monetary penalty in relation to that breach pursuant to paragraph 3(1)(b). Monetary penalties 8 1 If carrier bag regulations confer power on an administrator to require a person to pay a fixed monetary penalty, a variable monetary penalty or a non-compliance penalty, they may include provision— a for early payment discounts; b for the payment of interest or other financial penalties for late payment of the penalty, such interest or other financial penalties not in total to exceed the amount of that penalty; c for enforcement of the penalty. 2 Provision under sub-paragraph (1)(c) may include— a provision for the administrator to recover a penalty, and any interest or other financial penalty for late payment, as a civil debt; b provision for the penalty, and any interest or other financial penalty for late payment to be recoverable, on the order of a court, as if payable under a court order. Costs recovery 9 1 If carrier bag regulations make provision under paragraph 4, they may confer on an administrator the power by notice to require a person on whom a discretionary requirement is imposed to pay the costs incurred by the administrator in relation to the imposition of the discretionary requirement up to the time of its imposition. 2 In sub-paragraph (1), the reference to costs includes (among other things)— a investigation costs; b administration costs; c costs of obtaining expert advice (including legal advice). 3 Carrier bag regulations that make provision under this paragraph must secure that, in any case where a notice requiring payment of costs is served— a the notice specifies the amount required to be paid; b the administrator may be required to provide a detailed breakdown of that amount; c the person required to pay costs is not liable to pay any costs shown by the person to have been unnecessarily incurred; d the person required to pay costs may appeal against— i the decision of the administrator to impose the requirement to pay costs; ii the decision of the administrator as to the amount of those costs. 4 Provision under this paragraph may include the provision referred to in paragraph 8(1)(b) and (c) and (2). Appeals 10 1 Carrier bag regulations may not provide for the making of an appeal other than to— a the First-tier Tribunal, or b another tribunal created under an enactment. 2 In sub-paragraph (1)(b), “ tribunal ” does not include an ordinary court of law. 3 If the regulations make provision for an appeal in relation to the imposition of any requirement or the service of any notice, they may include— a provision suspending the requirement or notice pending determination of the appeal; b provision as to the powers of the tribunal to which the appeal is made; c provision as to how any sum payable in pursuance of a decision of that tribunal is to be recoverable. 4 The provision referred to in sub-paragraph (3)(b) includes provision conferring on the tribunal to which the appeal is made power— a to withdraw the requirement or notice; b to confirm the requirement or notice; c to take such steps as the administrator could take in relation to the act or omission giving rise to the requirement or notice; d to remit the decision whether to confirm the requirement or notice, or any matter relating to that decision, to the administrator; e to award costs. Publicity for imposition of civil sanctions 11 1 Carrier bag regulations may confer on an administrator the power to give a publicity notice to a person on whom a civil sanction has been imposed in accordance with the regulations. 2 A “publicity notice” is a notice requiring the person to publicise— a the fact that the civil sanction has been imposed, and b such other information as may be specified in the regulations, in such manner as may be specified in the notice. 3 The regulations may provide for a publicity notice to— a specify the time for compliance with the notice, and b require the person to whom it is given to supply an administrator with evidence of compliance within such time as may be specified in the notice. 4 The regulations may provide that, if a person fails to comply with a publicity notice, an administrator may— a publicise the information required to be publicised by the notice, and b recover the costs of doing so from that person. Persons liable to civil sanctions 12 1 Carrier bag regulations may make provision about the persons who are liable to civil sanctions under the regulations. 2 The provision that may be made by virtue of this paragraph includes provision for— a the officers of a body corporate to be so liable as well the body corporate itself, and b for the partners of a partnership to be liable as well as the partnership itself, in such circumstances as may be specified. Guidance about use of powers to impose civil sanctions and recover costs 13 1 Where carrier bag regulations confer power on an administrator to impose a civil sanction in relation to a breach of the regulations, they must secure that— a the administrator must publish guidance about the administrator's use of the civil sanction, b the guidance must contain the relevant information, c the administrator must revise the guidance where appropriate, d the administrator must consult such persons as the regulations may specify before publishing any guidance or revised guidance, and e the administrator must have regard to the guidance or revised guidance in exercising the administrator's functions. 2 In the case of guidance relating to a fixed monetary penalty, the relevant information referred to in sub-paragraph (1)(b) is information as to— a the circumstances in which the penalty is likely to be imposed, b the circumstances in which it may not be imposed, c the amount of the penalty, d how liability for the penalty may be discharged and the effect of discharge, and e rights to make representations and objections and rights of appeal. 3 In the case of guidance relating to a discretionary requirement, the relevant information referred to in sub-paragraph (1)(b) is information as to— a the circumstances in which the requirement is likely to be imposed, b the circumstances in which it may not be imposed, c in the case of a variable monetary penalty, the matters likely to be taken into account by the administrator in determining the amount of the penalty (including, where relevant, any discounts for voluntary reporting of non-compliance), and d rights to make representations and objections and rights of appeal. 4 If carrier bag regulations make provision under paragraph 9, they must secure that the administrator is required to publish guidance about how the administrator will exercise the power conferred by the provision. Publication of enforcement action 14 1 Where carrier bag regulations confer power on an administrator to impose a civil sanction in relation to a breach of the regulations, they must secure that the administrator must from time to time publish reports specifying— a the cases in which the civil sanction has been imposed, and b where the civil sanction is a fixed monetary penalty, the cases in which liability to the penalty has been discharged pursuant to paragraph 3(1)(b). 2 In sub-paragraph (1)(a), the reference to cases in which the civil sanction has been imposed do not include cases where the sanction has been imposed but overturned on appeal. 3 The regulations need not secure the result in sub-paragraph (1) in cases where the Welsh Ministers consider that it would be inappropriate to do so. Compliance with regulatory principles 15 Carrier bag regulations may not confer power on an administrator to impose a civil sanction in relation to a breach of the regulations unless the Welsh Ministers are satisfied that the administrator will act in accordance with the principles that— a regulatory activities should be carried out in a way that is transparent, accountable, proportionate and consistent; b regulatory activities should be targeted only at cases in which action is needed. Review 16 1 The Welsh Ministers must review the operation of any provision of carrier bag regulations conferring power on an administrator to impose a civil sanction in relation to a breach of the regulations. 2 The first review must take place as soon as practicable after 1 October 2017; and each subsequent review must take place as soon as practicable after the end of the period of three years beginning with the date on which the previous review took place. 3 A review under this paragraph must in particular consider whether the provision has implemented its objectives efficiently and effectively. 4 In conducting a review under this paragraph, the Welsh Ministers must consult such persons as they consider appropriate. 5 The Welsh Ministers must— a publish the results of a review under this paragraph, and b lay a copy of the review before the National Assembly for Wales. Suspension 17 1 Where carrier bag regulations confer power on an administrator to impose a civil sanction in relation to a breach of the regulations, the Welsh Ministers may direct the administrator— a where the power is power to impose a fixed monetary penalty, not to serve any further notice of intent referred to in paragraph 3(1)(a) in relation to a breach of that kind, and b where the power is power to impose a discretionary requirement, not to serve any further notice of intent referred to in paragraph 5(1)(a) in relation to a breach of that kind. 2 The Welsh Ministers may only give a direction under sub-paragraph (1) in relation to a breach of carrier bag regulations if they are satisfied that the administrator has failed on more than one occasion— a to comply with any duty imposed on it under or by virtue of this Schedule in relation to a breach of that kind, b to act in accordance with the guidance it has published in relation to a breach of that kind (in particular, the guidance published under paragraph 13), or c to act in accordance with the principles referred to in paragraph 15 or with other principles of best practice in relation to the enforcement of a breach of that kind. 3 The Welsh Ministers may by direction revoke a direction given by them under sub-paragraph (1) if they are satisfied that the administrator has taken the appropriate steps to remedy the failure to which that direction related. 4 Before giving a direction under sub-paragraph (1) or (3), the Welsh Ministers must consult— a the administrator, and b such other persons as they consider appropriate. 5 Where the Welsh Ministers give a direction under this paragraph, they must lay a copy of the direction before the National Assembly for Wales. 6 The administrator must take steps to bring a direction under this paragraph to the attention of other persons likely to be affected by it; and must do so in such manner (if any) as the Welsh Ministers may require. Payment of penalties into Welsh Consolidated Fund 18 Where pursuant to any provision made under this Schedule an administrator receives— a a fixed monetary penalty, a variable monetary penalty or a non-compliance penalty, b any interest or other financial penalty for late payment of such a penalty, or c a sum paid in discharge of liability to a fixed monetary penalty pursuant to paragraph 3(1)(b), the administrator must pay it into the Welsh Consolidated Fund. Index of defined terms 19 In this Schedule, the following expressions are defined or otherwise explained in the provisions indicated— “ breach ” (“ torri” a “toriad ”) (in relation to carrier bag regulations): paragraph 1(2); “ civil sanction ” (“ sancsiwn sifil ”): paragraph 1(3); “ discretionary requirement ” (“ gofyniad yn ôl disgresiwn ”): paragraph 4(3); “ fixed monetary penalty ” (“ cosb ariannol benodedig ”): paragraph 2(3); “ non-compliance penalty ” (“ cosb am beidio â chydymffurfio ”): paragraph 6(1); “ non-monetary discretionary requirement ” (“ gofyniad yn ôl disgresiwn nad yw'n un ariannol ”): paragraph 4(4) and (3)(b); “ notice of intent ” (“ hysbysiad o fwriad ”) (in relation to a proposed discretionary requirement): paragraph 5(1)(a); “ notice of intent ” (“ hysbysiad o fwriad ”) (in relation to a proposed fixed monetary penalty): paragraph 3(1)(a); “ publicity notice ” (“ hysbysiad cyhoeddusrwydd ”): paragraph 11(2); “ variable monetary penalty ” (“ cosb ariannol amrywiadwy ”): paragraph 4(4) and (3)(a). SCHEDULE 2 MINOR AND CONSEQUENTIAL AMENDMENTS AND REPEALS (introduced by sections 27, 64, 70, 81 and 86) PART 1 SUSTAINABLE MANAGEMENT OF NATURAL RESOURCES National Parks and Access to the Countryside Act 1949 (c. 97) 1 1 The National Parks and Access to the Countryside Act 1949 is amended as follows. 2 In section 15A(2)— a in paragraph (a)— i after “Act” insert “ or section 16 of the 2016 Act ” ; ii omit the “and” at the end; b after paragraph (b) insert— c “ the 2016 Act ” means the Environment (Wales) Act 2016. 3 In section 16— a in subsection (1)— i for “The Natural Resources Body for Wales” the first time it appears substitute “ A Welsh local authority ” ; ii for “Natural Resources Body for Wales” the second time it appears substitute “ Welsh local authority ” ; b after subsection (1) insert— 1A The power of a Welsh local authority in subsection (1)— a is also exercisable where it appears to the authority that it is expedient in the interests of the locality that land should be managed as a nature reserve; b is exercisable only in relation to land in the authority's area that is not held by, or managed in accordance with an agreement entered into with, the Natural Resources Body for Wales. ; c in subsection (3), in paragraphs (b) and (c), for “the Natural Resources Body for Wales” substitute “ a Welsh local authority ” ; d in subsection (4), for “the Natural Resources Body for Wales” substitute “ a Welsh local authority ” ; e after subsection (5) insert— 6 In this section a “ Welsh local authority ” means— a the council of a county or county borough in Wales, and b a National Park authority for a National Park in Wales. 4 In section 21(4)— a omit “, the Natural Resources Body for Wales”; b for “references in subsection (1) of sections sixteen and seventeen respectively of this Act to the national interest were references” substitute “ reference in subsection (1) of section 17 of this Act to the national interest were a reference ” . Countryside Act 1968 (c. 41) 2 1 The Countryside Act 1968 is amended as follows. 2 Omit section 4. 3 Omit section 15. 4 In section 15A(6)(b), for “such agreement as is referred to in section 15(2)” substitute “ an agreement under section 16 of the Environment (Wales) Act 2016 imposing, for the purpose of conserving flora, fauna, or geographical or physiographical features of special interest, restrictions on the exercise of rights over land by persons having an interest in the land ” . 5 In section 41(2)(b)— a in sub-paragraph (i), for “section 4” substitute “ an experimental scheme under article 10C of the Natural Resources Body for Wales (Establishment) Order 2012 (S.I. 2012/1903), where the scheme is designed to facilitate the enjoyment of the countryside, or to conserve or enhance its natural beauty or amenity ” ; b in sub-paragraph (ii), for “section 4(5)(b)” substitute “ section 16 of the Environment (Wales) Act 2016 that is designed to facilitate the enjoyment of the countryside, or to conserve or enhance its natural beauty or amenity ” . 6 In section 45(1), omit “the NRBW or”. 7 In section 47(3), omit “section 4(5)(b) or”. Wildlife and Countryside Act 1981 (c. 69) 3 1 The Wildlife and Countryside Act 1981 is amended as follows. 2 In section 28E(3)(b) for “, section 15 of the 1968 Act or section 7 of the Natural Environment and Rural Communities Act 2006” substitute “ , section 7 of the Natural Environment and Rural Communities Act 2006 or section 16 of the Environment (Wales) Act 2016 ” . 3 In section 28J, omit subsection (13). 4 In section 32, after subsection (2) insert— 2A Subsection (2) has effect in relation to Wales as if the reference to an agreement under section 16 of the 1949 Act or section 15 of the 1968 Act were a reference to an agreement under section 16 of the Environment (Wales) Act 2016. 5 In section 39(5), omit paragraph (e). 6 Omit section 40. 7 In section 41(5)— a in the definition of “management agreement”, in paragraph (b), after “39” insert “ or under section 16 of the Environment (Wales) Act 2016 ” ; b in the definition of “the relevant authority”, after “Natural England” insert “ and in relation to Wales it also includes the Natural Resources Body for Wales ” . 8 In section 50(1)(a), omit “or an agreement under section 16 of the 1949 Act or section 15 of the 1968 Act”. 9 In section 51(1)— a in paragraph (c), omit “or an agreement under section 16 of the 1949 Act or section 15 of the 1968 Act”; b in paragraph (h), omit “or an agreement under section 16 of the 1949 Act or section 15 of the 1968 Act”. Road Traffic Regulation Act 1984 (c. 27) 4 In section 22(1)(a) of the Road Traffic Regulation Act 1984— a in sub-paragraph (iv), for “or the Natural Resources Body for Wales are conducting a scheme under section 4 of the 1968 Act” substitute “ , or in which the Natural Resources Body for Wales is conducting a scheme under article 10C of the Natural Resources Body for Wales (Establishment) Order 2012 (S.I. 2012/1903) that is designed to facilitate the enjoyment of the countryside or to conserve or enhance its natural beauty or amenity ” ; b in sub-paragraph (v), omit “or an agreement under section 15 of the 1968 Act”. Water Industry Act 1991 (c. 56) 5 In section 156(8) of the Water Industry Act 1991, in the definition of “management agreement”, in paragraph (b), after “1981” insert “ or section 16 of the Environment (Wales) Act 2016 ” . Environment Act 1995 (c. 25) 6 1 The Environment Act 1995 is amended as follows. 2 In section 9(5)(b)(ii), omit “, 5E”. 3 In section 66, after subsection (7) insert— 7A A National Park authority for a park in Wales which is proposing to publish, adopt or review any plan under this section must have regard to— a the state of natural resources report published under section 8 of the Environment (Wales) Act 2016, and b any area statement published under section 11 of that Act for an area that includes all or part of the park. Countryside and Rights of Way Act 2000 (c. 37) 7 In section 90 of the Countryside and Rights of Way Act 2000, after subsection (1) insert— 1A In the case of an area of outstanding natural beauty in Wales, a conservation board or relevant local authority which is proposing to publish, adopt or review any plan under section 89 must have regard to— a the state of natural resources report published under section 8 of the Environment (Wales) Act 2016, and b any area statement published under section 11 of that Act for an area that includes all or part of the area of outstanding natural beauty. Planning and Compulsory Purchase Act 2004 (c. 5) 8 1 The Planning and Compulsory Purchase Act 2004 is amended as follows. 2 In section 60(5), as substituted by section 3 of the 2015 Act, before paragraph (a) insert— za the national natural resources policy published under section 9 of the Environment (Wales) Act 2016, . 3 In section 62(5), after paragraph (ba), as inserted by paragraph 25 of Schedule 2 to the 2015 Act, insert— bb any area statement published under section 11 of the Environment (Wales) Act 2016 for an area that includes all or part of the area of the authority; . 4 In this paragraph, “ the 2015 Act ” means the Planning (Wales) Act 2015 (anaw 4). Natural Environment and Rural Communities Act 2006 (c. 16) 9 1 The Natural Environment and Rural Communities Act 2006 is amended as follows. 2 In section 40— a before subsection (1) insert— A1 This section applies where— a Her Majesty's Revenue and Customs are exercising their functions; b any other public authority is exercising its functions in relation to England. b in subsection (1), for “Every” substitute “ The ” ; c in subsection (2) for “, government department or the National Assembly for Wales” substitute “ or government department ” ; d in subsection (4)— i omit paragraph (b); ii in paragraph (c), for “, a local planning authority and a strategic planning panel” substitute “ and a local planning authority ” ; e in subsection (5), in the definition of “local authority”— i in paragraph (a), for “in relation to England, a county council” substitute “ a county council in England ” ; ii omit paragraph (b); f in that subsection, omit the definition of “strategic planning panel”. 3 Omit section 42. 4 In Schedule 11, omit the following— a paragraphs 6 to 8; b paragraph 14(4); c paragraphs 41 and 42; d in paragraph 43— i sub-paragraphs (2) and (3); ii in sub-paragraph (4), paragraphs (a), (b) and (c)(i); iii sub-paragraph (5); iv sub-paragraph (7); e paragraph 44; f paragraph 50; g paragraph 55(2); h paragraph 57; i paragraph 59; j paragraph 80; k paragraphs 117 to 121; l paragraph 123; m paragraph 126; n paragraph 141(2)(b). Well-being of Future Generations (Wales) Act 2015 (anaw 2) 10 1 The Well-being of Future Generations (Wales) Act 2015 is amended as follows. 2 In section 11(3), for the words after “means” substitute “ the goals set out in “Transforming our world: the 2030 Agenda for Sustainable Development”, adopted by the General Assembly of the United Nations by resolution A/Res/70/1 of 25 September 2015 ” . 3 In section 38(3), after paragraph (g) insert— ga each area statement under section 11 of the Environment (Wales) Act 2016 (if any) which relates to any part of the local authority's area; . Planning (Wales) Act 2015 (anaw 4) 11 In Schedule 2 to the Planning (Wales) Act 2015, omit paragraph 28. PART 2 CHARGES FOR CARRIER BAGS Climate Change Act 2008 (c. 27) 12 1 The Climate Change Act 2008 is amended as follows. 2 In section 77, omit the following— a subsection (3)(b); b subsection (4)(aa). 3 In section 98, omit the entries for “children”, “nuisance”, “pollution” and “young people”. 4 In Schedule 6— a omit paragraphs 4A and 4B; b omit paragraph 7(3A); c omit paragraph 8(2A); d omit paragraph 24(6)(b); e omit paragraph 25(5)(b); f omit paragraph 26(2)(a); g omit paragraph 27(5); h in the italic cross-heading before paragraph 28, for “two or more” substitute “ both ” ; i in paragraph 28(1)— i omit “any two or more of”; ii omit paragraph (b) (but not the following “and”). Waste (Wales) Measure 2010 (nawm 8) 13 1 The Waste (Wales) Measure 2010 is amended as follows. 2 Omit sections 1 and 2. 3 In the Schedule, omit paragraph 2. PART 3 COLLECTION AND DISPOSAL OF WASTE Environmental Protection Act 1990 (c. 43) 14 1 The Environmental Protection Act 1990 is amended as follows. 2 In the heading of section 45A, for “Arrangements” substitute “ England: arrangements ” . 3 Omit section 45B. Household Waste Recycling Act 2003 (c. 29) 15 In the Household Waste Recycling Act 2003, omit section 2. Government of Wales Act 2006 (c. 32) 16 In Schedule 11 to the Government of Wales Act 2006, in paragraph 35(3), in Table 1, omit the entry relating to section 45B(1) of the Environmental Protection Act 1990. Waste (Wales) Measure 2010 (nawm 8) 17 1 The Waste (Wales) Measure 2010 is amended as follows. 2 For the italic cross-heading before section 9 substitute— “ Disposal in a landfill or by incineration ” . 3 In section 11— a in subsection (1), after “9” insert “ or 9A ” ; b omit subsection (2). PART 4 FLOOD AND COASTAL EROSION COMMITTEE Public Bodies (Admission to Meetings) Act 1960 (c. 67) 1 8 In the Schedule to the Public Bodies (Admission to Meetings) Act 1960, in paragraph 1, after sub-paragraph (i) insert— ia the Flood and Coastal Erosion Committee established by section 26B of the Flood and Water Management Act 2010; . Local Government Act 1974 (c. 7) 19 In section 25(1)(d) of the Local Government Act 1974, omit “for an area wholly or partly in England”. Water Resources Act 1991 (c. 57) 20 1 The Water Resources Act 1991 is amended as follows. 2 In section 118(7)— a before “means” insert— — a in relation to the Agency, ; b after “2010” insert— , and b in relation to the NRBW, means Wales, within the meaning of section 158 of the Government of Wales Act 2006 . 3 In section 134(2), for “appropriate agency” substitute “ Agency ” . 4 In section 138(3), after “relevant chargeable land” insert “ (where that land is in England) or by the NRBW (where the relevant chargeable land is in Wales) ” . 5 In section 145, in the definition of “flood risk management region”— a before “means” insert— — a in relation to the Agency, ; b after “2010” insert— , and b in relation to the NRBW, means Wales, within the meaning of section 158 of the Government of Wales Act 2006 . 6 In Schedule 26, in paragraph 7, in the definition of “the relevant Minister”, in paragraph (a)(ii), omit “the whole or the greater part of which is”. Land Drainage Act 1991 (c. 59) 21 In section 1(1)(a) of the Land Drainage Act 1991, after “2010)” insert “ or within Wales (within the meaning of section 158 of the Government of Wales Act 2006) ” . Environment Act 1995 (c. 25) 22 In section 6 of the Environment Act 1995— a in subsection (5), omit “and the Natural Resources Body for Wales' flood defence functions shall extend to the territorial sea adjacent to Wales”; b after subsection (5) insert— 5A The flood defence functions of the Natural Resources Body for Wales extend to the territorial sea adjacent to Wales. Freedom of Information Act 2000 (c. 36) 23 In Part 6 of Schedule 1 to the Freedom of Information Act 2000, after the entry for the Firearms Consultative Committee insert— “ Flood and Coastal Erosion Committee or Pwyllgor Llifogydd ac Erydu Arfordirol. ” Public Services Ombudsman (Wales) Act 2005 (c. 10) 24 In Schedule 3 to the Public Services Ombudsman (Wales) Act 2005, for “A Regional Flood and Coastal Committee for an area wholly or partly in Wales” substitute “ The Flood and Coastal Erosion Committee ” . Flood and Water Management Act 2010 (c. 29) 25 1 The Flood and Water Management Act 2010 is amended as follows. 2 In section 6, at the end insert— 17 “ Wales ” has the meaning given by section 158 of the Government of Wales Act 2006. 3 In section 17(4), after “section 23(3)” insert “ for the Agency ” . 4 In the italic cross-heading before section 22, after “Committees” insert “ for regions in England ” . 5 In section 22— a in subsection (1)— i for “appropriate agency” substitute “ Environment Agency ” ; ii omit “and Wales”; iii omit the words from “that is wholly or mainly in England” to the end of the subsection; b in subsection (2)— i for “Minister” substitute “ Secretary of State ” ; ii for “appropriate agency” substitute “ Agency ” ; c omit subsection (3). 6 In section 23— a in subsection (1)— i in the opening words, for “appropriate agency” substitute “ Environment Agency ” ; ii in paragraph (a), for “appropriate agency” substitute “ Agency ” ; iii in paragraph (b), for “appropriate agency's” substitute “Agency's”; b in subsections (2) to (4), for “appropriate agency” substitute “ Agency ” . 7 In section 24, for “Minister” substitute “ Secretary of State ” . 8 In section 25— a in subsection (1)— i in the opening words, for “Minister may direct the appropriate agency” substitute “ Secretary of State may direct the Environment Agency ” ; ii in paragraph (d), for “Minister” substitute “ Secretary of State ” ; b in subsection (2), for “appropriate agency” substitute “ Agency ” ; c in subsection (3), for “Minister” substitute “ Secretary of State ” . 9 Omit sections 26 and 26A. 10 In section 49(3), omit paragraph (c). Public Bodies Act 2011 (c. 24) 26 1 The Public Bodies Act 2011 is amended as follows. 2 In section 13— a in subsection (1)— i at the end of paragraph (b), insert “ or ” ; ii omit paragraph (d) and the “or” before it; b omit subsection (4); c omit subsections (8) and (9). 3 In section 36(1), in the definition of “cross-border operator”— a at the end of paragraph (za), insert “ or ” ; b omit paragraph (b) and the “or” before it. Water Act 2014 (c. 21) 27 In Schedule 10 to the Water Act 2014, omit paragraph 18. PART 5 BYELAWS National Parks and Access to the Countryside Act 1949 (c. 97) 28 1 The National Parks and Access to the Countryside Act 1949 is amended as follows. 2 In section 106(5), for “Countryside Council for Wales” substitute “ Natural Resources Body for Wales ” . 3 In section 106A, in the heading and in subsection (1), for “Countryside Council for Wales” substitute “ Natural Resources Body for Wales ” . Countryside Act 1968 (c. 41) 29 In section 41(7A) of the Countryside Act 1968, for “Council” substitute “ NRBW ” . Local Government Byelaws (Wales) Act 2012 (anaw 2) 30 1 The Local Government Byelaws (Wales) Act 2012 is amended as follows. 2 In section 3(d), for “Countryside Council for Wales” substitute “ Natural Resources Body for Wales ” . 3 In section 7(8)(b), for “Countryside Council for Wales” substitute “ Natural Resources Body for Wales ” . 4 In section 8(8), in the opening words— a for “Countryside Council for Wales” substitute “ Natural Resources Body for Wales ” ; b for “the Council” substitute “ the Body ” . 5 In Schedule 2, omit paragraph 11. S. 77 in force at 24.2.2017 for specified purposes by S.I. 2017/152 , art. 2(a) S. 78 in force at 24.2.2017 for specified purposes by S.I. 2017/152 , art. 2(b) S. 79 in force at 24.2.2017 for specified purposes by S.I. 2017/152 , art. 2(c) S. 76 in force at 1.4.2017 by S.I. 2017/504 , art. 2 S. 77 in force at 1.4.2017 in so far as not already in force by S.I. 2017/504 , art. 2 S. 78 in force at 1.4.2017 in so far as not already in force by S.I. 2017/504 , art. 2 S. 79 in force at 1.4.2017 in so far as not already in force by S.I. 2017/504 , art. 2 S. 80 in force at 1.4.2017 by S.I. 2017/504 , art. 2 S. 81 in force at 14.7.2017 by S.I. 2017/714 , art. 2 Sch. 2 para. 18 in force at 14.7.2017 by S.I. 2017/714 , art. 2 Sch. 2 para. 19 in force at 14.7.2017 by S.I. 2017/714 , art. 2 Sch. 2 para. 20 in force at 14.7.2017 by S.I. 2017/714 , art. 2 Sch. 2 para. 21 in force at 14.7.2017 by S.I. 2017/714 , art. 2 Sch. 2 para. 22 in force at 14.7.2017 by S.I. 2017/714 , art. 2 Sch. 2 para. 23 in force at 14.7.2017 by S.I. 2017/714 , art. 2 Sch. 2 para. 24 in force at 14.7.2017 by S.I. 2017/714 , art. 2 Sch. 2 para. 25 in force at 14.7.2017 by S.I. 2017/714 , art. 2 Sch. 2 para. 26 in force at 14.7.2017 by S.I. 2017/714 , art. 2 Sch. 2 para. 27 in force at 14.7.2017 by S.I. 2017/714 , art. 2 Words in s. 6(9) substituted (21.1.2021) by Local Government and Elections (Wales) Act 2021 (asc 1) , s. 175(1)(e) , Sch. 9 para. 46(a)(i) Words in s. 6(9) omitted (21.1.2021) by virtue of Local Government and Elections (Wales) Act 2021 (asc 1) , s. 175(1)(e) , Sch. 9 para. 46(a)(ii) Words in s. 6(10) omitted (21.1.2021) by virtue of Local Government and Elections (Wales) Act 2021 (asc 1) , s. 175(1)(e) , Sch. 9 para. 46(b) Word in s. 29(1) substituted (19.3.2021) by The Environment (Wales) Act 2016 (Amendment of 2050 Emissions Target) Regulations 2021 (S.I. 2021/333) , regs. 1(2) , 2 Words in s. 6(9) inserted (3.12.2021) by The Environment (Wales) Act 2016 (Public Authorities subject to the Biodiversity and Resilience of Ecosystems Duty) Regulations 2021 (S.I. 2021/1350) , regs. 1(2) , 2(2) Words in s. 6(10) inserted (3.12.2021) by The Environment (Wales) Act 2016 (Public Authorities subject to the Biodiversity and Resilience of Ecosystems Duty) Regulations 2021 (S.I. 2021/1350) , regs. 1(2) , 2(3) S. 6(5)(d) inserted (17.10.2023) by Agriculture (Wales) Act 2023 (asc 4) , s. 56(3)(d) , Sch. 2 para. 6 S. 69(5) in force at 18.10.2023 by S.I. 2023/1096 , art. 2(d) S. 65 in force at 18.10.2023 by S.I. 2023/1096 , art. 2(a) S. 67 in force at 18.10.2023 by S.I. 2023/1096 , art. 2(b) S. 68 in force at 18.10.2023 by S.I. 2023/1096 , art. 2(c) Sch. 2 para. 14 in force at 18.10.2023 by S.I. 2023/1096 , art. 2(e) Sch. 2 para. 17 in force at 18.10.2023 by S.I. 2023/1096 , art. 2(e) Sch. 2 para. 15 in force at 18.10.2023 by S.I. 2023/1096 , art. 2(e) Sch. 2 para. 16 in force at 18.10.2023 by S.I. 2023/1096 , art. 2(e) S. 70 in force at 18.10.2023 by S.I. 2023/1096 , art. 2(e) S. 66 in force at 6.4.2024 by S.I. 2023/1096 , art. 3 Words in s. 10(1)(f) substituted (1.8.2024) by Tertiary Education and Research (Wales) Act 2022 (asc 1) , s. 148(2) , Sch. 4 para. 36 (with s. 19 ); S.I. 2024/806 , art. 2(k)(xix) (with art. 28 ) Words in s. 6(10) substituted (1.10.2024) by The Energy Act 2023 (Consequential Amendments) Regulations 2024 (S.I. 2024/706) , regs. 1(1) , 22(b) ; S.I. 2024/957 , reg. 2(a) S. 84(4)(a) omitted (16.11.2024) by virtue of Local Government Finance (Wales) Act 2024 (asc 6) , s. 23(2)(g) , Sch. para. 20(2)
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[uk-legislation-anaw][anaw] 2024-12-20
http://www.legislation.gov.uk/anaw/2016/4/2024-11-04
http://www.legislation.gov.uk/anaw/2016/4/2024-11-04 Historic Environment (Wales) Act 2016 (repealed) An Act of the National Assembly for Wales to make provision amending certain aspects of the law relating to ancient monuments and listed buildings; to establish a register of historic parks and gardens and a list of historic place names; to establish historic environment records for local authority areas; to establish an Advisory Panel for the Welsh Historic Environment; and for connected purposes. text text/xml en Statute Law Database 2024-12-20 Expert Participation 2024-11-04 Historic Environment (Wales) Act 2016 (repealed) 2016 anaw 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 1 OVERVIEW Overview 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 2 ANCIENT MONUMENTS ETC Overview Overview of this Part 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Schedule of monuments Amendments relating to the Schedule 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendments relating to the Schedule: consequential provision 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Scheduled monument consent Simplification of process 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Grant of consent for unauthorised works 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Offence of false information on application 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Refusal of repeat applications etc 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Procedure for determining applications 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Compensation for refusal of scheduled monument consent 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Agreements relating to scheduled monuments Heritage partnership agreements 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Scheduled monuments: enforcement Enforcement notices 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Temporary stop notices 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Injunctions 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Modifications relating to offences Control of works affecting scheduled monuments 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Damaging certain ancient monuments 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Restrictions on use of metal detectors 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Historic parks and gardens Register of historic parks and gardens 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Miscellaneous Land believed to contain an ancient monument: power of entry 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Monuments in territorial waters 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Service of documents by electronic communication 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Meaning of “monument” in the Ancient Monuments and Archaeological Areas Act 1979 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 3 LISTED BUILDINGS Overview Overview of this Part 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Listing of buildings of special architectural or historic interest Amendments relating to the listing of buildings 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendments relating to the temporary listing of buildings 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendments relating to the listing of buildings: consequential provision 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Issue of certificate that building not intended to be listed 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Agreements relating to listed buildings Heritage partnership agreements 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Listed buildings: enforcement Temporary stop notices 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Prevention of deterioration or damage to listed buildings Urgent works: extension of scope and recovery of costs 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Preservation of listed buildings in disrepair 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Miscellaneous Service of documents by electronic communication 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Determination of appeals by appointed person: supplementary provision 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 4 MISCELLANEOUS Historic place names List of historic place names 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Historic environment records Historic environment records 35 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Access to historic environment records 36 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Guidance 37 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Advisory Panel for the Welsh Historic Environment Establishment of Panel and work programme 38 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Constitution etc 39 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 5 GENERAL Regulations and orders 40 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Coming into force 41 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Short title 42 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SCHEDULE 1 SCHEDULES A1 AND A2 TO BE INSERTED INTO THE ANCIENT MONUMENTS AND ARCHAEOLOGICAL AREAS ACT 1979 (introduced by section 3) SCHEDULE A1 LAPSE OF INTERIM PROTECTION (introduced by section 1AC) 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SCHEDULE A2 DECISIONS ON REVIEWS BY PERSON APPOINTED BY WELSH MINISTERS (introduced by section 1AE) Decisions on reviews by appointed persons 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Powers and duties of appointed person 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Appointment of another person to make a decision on a review 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Public local inquiries, hearings and written representations 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Directions 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Delegation 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Supplementary provision 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SCHEDULE 2 SCHEDULES 1A AND 1B TO BE INSERTED INTO THE PLANNING (LISTED BUILDINGS AND CONSERVATION AREAS) ACT 1990 (introduced by section 24) SCHEDULE 1A LAPSE OF INTERIM PROTECTION (introduced by section 2C) 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SCHEDULE 1B DECISIONS ON REVIEWS BY PERSON APPOINTED BY WELSH MINISTERS (introduced by section 2D) Decisions on reviews by appointed persons 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Powers and duties of appointed person 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Appointment of another person to make a decision on a review 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Local inquiries, hearings and written representations 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Directions 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Delegation 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Supplementary provision 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Act repealed (4.11.2024) by Historic Environment (Wales) Act 2023 (asc 3) , s. 212(2) , Sch. 13 para. 193 (with Sch. 14 paras. 1-3 ); S.I. 2024/860 , art. 3(d)
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[uk-legislation-anaw][anaw] 2025-05-14
http://www.legislation.gov.uk/anaw/2019/3/2024-11-04
http://www.legislation.gov.uk/anaw/2019/3/2024-11-04 Public Services Ombudsman (Wales) Act 2019 An Act of the National Assembly for Wales to make provision about the office of the Public Services Ombudsman for Wales; to make provision about the functions of the Public Services Ombudsman for Wales; to make provision about compensation; and for connected purposes. text text/xml en Statute Law Database 2025-03-26 Expert Participation 2024-11-04 Public Services Ombudsman (Wales) Act 2019 Deddf Ombwdsmon Gwasanaethau Cyhoeddus (Cymru) 2019 s. 69(2)(g)(i) The National Security Act 2023 (Consequential Amendment of Primary Legislation) Regulations 2025 reg. 2(2) reg. 1(2) Public Services Ombudsman (Wales) Act 2019 Deddf Ombwdsmon Gwasanaethau Cyhoeddus (Cymru) 2019 Sch. 3 Visitor Accommodation (Register and Levy) Etc. (Wales) Act 2025 Deddf Llety Ymwelwyr (Cofrestr ac Ardoll) Etc. (Cymru) 2025 Sch. 2 para. 19 s. 67(2) Public Services Ombudsman (Wales) Act 2019 Deddf Ombwdsmon Gwasanaethau Cyhoeddus (Cymru) 2019 s. 1(5)(a) Health and Social Care (Wales) Act 2025 Deddf Iechyd a Gofal Cymdeithasol (Cymru) 2025 Sch. 2 para. 6(2)(a) s. 29(2) art. 4(b) Public Services Ombudsman (Wales) Act 2019 Deddf Ombwdsmon Gwasanaethau Cyhoeddus (Cymru) 2019 s. 1(5)(b) Health and Social Care (Wales) Act 2025 Deddf Iechyd a Gofal Cymdeithasol (Cymru) 2025 Sch. 2 para. 6(2)(b) s. 29(2) art. 4(b) Public Services Ombudsman (Wales) Act 2019 Deddf Ombwdsmon Gwasanaethau Cyhoeddus (Cymru) 2019 s. 1(5)(c) Health and Social Care (Wales) Act 2025 Deddf Iechyd a Gofal Cymdeithasol (Cymru) 2025 Sch. 2 para. 6(2)(c) s. 29(2) art. 4(b) Public Services Ombudsman (Wales) Act 2019 Deddf Ombwdsmon Gwasanaethau Cyhoeddus (Cymru) 2019 s. 1(5)(d) Health and Social Care (Wales) Act 2025 Deddf Iechyd a Gofal Cymdeithasol (Cymru) 2025 Sch. 2 para. 6(2)(d) s. 29(2) art. 4(b) Public Services Ombudsman (Wales) Act 2019 Deddf Ombwdsmon Gwasanaethau Cyhoeddus (Cymru) 2019 s. 1(5)(e) Health and Social Care (Wales) Act 2025 Deddf Iechyd a Gofal Cymdeithasol (Cymru) 2025 Sch. 2 para. 6(2)(e) s. 29(2) art. 4(b) Public Services Ombudsman (Wales) Act 2019 Deddf Ombwdsmon Gwasanaethau Cyhoeddus (Cymru) 2019 Pt. 5 heading Health and Social Care (Wales) Act 2025 Deddf Iechyd a Gofal Cymdeithasol (Cymru) 2025 Sch. 2 para. 6(3) s. 29(2) art. 4(b) Public Services Ombudsman (Wales) Act 2019 Deddf Ombwdsmon Gwasanaethau Cyhoeddus (Cymru) 2019 s. 42(1)(d) Health and Social Care (Wales) Act 2025 Deddf Iechyd a Gofal Cymdeithasol (Cymru) 2025 Sch. 2 para. 6(4)(a) s. 29(2) art. 4(b) Public Services Ombudsman (Wales) Act 2019 Deddf Ombwdsmon Gwasanaethau Cyhoeddus (Cymru) 2019 s. 42(6) Health and Social Care (Wales) Act 2025 Deddf Iechyd a Gofal Cymdeithasol (Cymru) 2025 Sch. 2 para. 6(4)(b)(i) s. 29(2) art. 4(b) Public Services Ombudsman (Wales) Act 2019 Deddf Ombwdsmon Gwasanaethau Cyhoeddus (Cymru) 2019 s. 42(6) Health and Social Care (Wales) Act 2025 Deddf Iechyd a Gofal Cymdeithasol (Cymru) 2025 Sch. 2 para. 6(4)(b)(ii) s. 29(2) art. 4(b) Public Services Ombudsman (Wales) Act 2019 Deddf Ombwdsmon Gwasanaethau Cyhoeddus (Cymru) 2019 s. 47(2)(c) Health and Social Care (Wales) Act 2025 Deddf Iechyd a Gofal Cymdeithasol (Cymru) 2025 Sch. 2 para. 6(5)(a) s. 29(2) art. 4(b) Public Services Ombudsman (Wales) Act 2019 Deddf Ombwdsmon Gwasanaethau Cyhoeddus (Cymru) 2019 s. 47(2)(e) and word Health and Social Care (Wales) Act 2025 Deddf Iechyd a Gofal Cymdeithasol (Cymru) 2025 Sch. 2 para. 6(5)(b) s. 29(2) art. 4(b) Public Services Ombudsman (Wales) Act 2019 Deddf Ombwdsmon Gwasanaethau Cyhoeddus (Cymru) 2019 s. 64A Health and Social Care (Wales) Act 2025 Deddf Iechyd a Gofal Cymdeithasol (Cymru) 2025 Sch. 2 para. 6(6) s. 29(2) art. 4(b) Public Services Ombudsman (Wales) Act 2019 Deddf Ombwdsmon Gwasanaethau Cyhoeddus (Cymru) 2019 s. 71(1)(d)(i) Health and Social Care (Wales) Act 2025 Deddf Iechyd a Gofal Cymdeithasol (Cymru) 2025 Sch. 2 para. 6(7) s. 29(2) art. 4(b) Public Services Ombudsman (Wales) Act 2019 Deddf Ombwdsmon Gwasanaethau Cyhoeddus (Cymru) 2019 s. 78(1) Health and Social Care (Wales) Act 2025 Deddf Iechyd a Gofal Cymdeithasol (Cymru) 2025 Sch. 2 para. 6(8) s. 29(2) art. 4(b) Public Services Ombudsman (Wales) Act 2019 Deddf Ombwdsmon Gwasanaethau Cyhoeddus (Cymru) 2019 s. 79(1)(g) Health and Social Care (Wales) Act 2025 Deddf Iechyd a Gofal Cymdeithasol (Cymru) 2025 Sch. 2 para. 6(9)(a) s. 29(2) art. 4(b) Public Services Ombudsman (Wales) Act 2019 Deddf Ombwdsmon Gwasanaethau Cyhoeddus (Cymru) 2019 s. 79(7A) Health and Social Care (Wales) Act 2025 Deddf Iechyd a Gofal Cymdeithasol (Cymru) 2025 Sch. 2 para. 6(9)(b) s. 29(2) art. 4(b) Public Services Ombudsman (Wales) Act 2019 Deddf Ombwdsmon Gwasanaethau Cyhoeddus (Cymru) 2019 Sch. 1 para. 6(1)(f) Health and Social Care (Wales) Act 2025 Deddf Iechyd a Gofal Cymdeithasol (Cymru) 2025 Sch. 2 para. 6(10)(a) s. 29(2) art. 4(b) Public Services Ombudsman (Wales) Act 2019 Deddf Ombwdsmon Gwasanaethau Cyhoeddus (Cymru) 2019 Sch. 1 para. 15(7)(a) Health and Social Care (Wales) Act 2025 Deddf Iechyd a Gofal Cymdeithasol (Cymru) 2025 Sch. 2 para. 6(10)(b) s. 29(2) art. 4(b) Public Services Ombudsman (Wales) Act 2019 Deddf Ombwdsmon Gwasanaethau Cyhoeddus (Cymru) 2019 s. 65(7)(f) Building Safety Act 2022 Sch. 10 para. 6(2)(a) s. 170(5) Public Services Ombudsman (Wales) Act 2019 Deddf Ombwdsmon Gwasanaethau Cyhoeddus (Cymru) 2019 s. 65(7)(f) Building Safety Act 2022 Sch. 10 para. 6(2)(b) s. 170(5) Public Services Ombudsman (Wales) Act 2019 2019 anaw 3 An Act of the National Assembly for Wales to make provision about the office of the Public Services Ombudsman for Wales; to make provision about the functions of the Public Services Ombudsman for Wales; to make provision about compensation; and for connected purposes. [22 May 2019] Having been passed by the National Assembly for Wales and having received the assent of Her Majesty, it is enacted as follows: PART 1 INTRODUCTION Overview 1 1 This Part of the Act is an overview of the main provisions of the Act. 2 Part 2 provides for the continuation of the role of the Ombudsman. 3 Part 3 makes provision for— a the Ombudsman to investigate listed authorities; b who can make and refer complaints to the Ombudsman; c the matters that may be investigated by the Ombudsman; d the procedures that apply to the Ombudsman's investigations; e the Ombudsman's powers to deal with obstruction and contempt; f the Ombudsman to prepare reports of investigations; g the Ombudsman to issue guidance to listed authorities about good administrative practice; h listed authorities to compensate persons aggrieved. 4 Part 4 makes provision for— a the Ombudsman to publish a statement of principles about the complaints-handling procedures of listed authorities, and the Assembly procedure that applies to the statement of principles; b the Ombudsman to publish model complaints-handling procedures for listed authorities; c requiring a listed authority to comply with a model complaints-handling procedure that applies to the listed authority; d the Ombudsman to declare that the complaints-handling procedure of a listed authority does not comply with the model complaints-handling procedure; e the Ombudsman to promote best practice in relation to complaints-handling. 5 Part 5 makes provision for— a the Ombudsman to investigate social care providers and palliative care providers; b who can make and refer complaints to the Ombudsman about social care and palliative care; c the social care and palliative care matters that may be investigated by the Ombudsman; d the procedures that apply to the Ombudsman's investigations into social care and palliative care; e the Ombudsman to prepare reports of investigations into social care and palliative care. 6 Part 6 makes supplementary provision for— a the Ombudsman to work with other ombudsmen and commissioners etc. in relation to investigations; b the disclosure and protection of information and publications in relation to investigations. 7 Part 7 makes miscellaneous provision, including adding the Ombudsman to Schedule 6 to the Welsh Language Standards (No. 2) Regulations 2016 and a requirement for the review of the operation of this Act by the Assembly. PART 2 THE PUBLIC SERVICES OMBUDSMAN FOR WALES The Public Services Ombudsman for Wales 2 1 The office of the Public Services Ombudsman for Wales or Ombwdsmon Gwasanaethau Cyhoeddus Cymru (in this Act referred to as “ the Ombudsman ”) is to continue. 2 Schedule 1 makes further provision about the Ombudsman. PART 3 INVESTIGATIONS Power of investigation Power to investigate complaints 3 1 The Ombudsman may investigate a complaint under this Part in respect of a matter if the complaint has been— a duly made to the Ombudsman, or b duly referred to the Ombudsman, and the matter is one which the Ombudsman is entitled to investigate under sections 11 to 16. 2 A complaint is “duly made” to the Ombudsman if (but only if)— a it is made by a person who is entitled under section 7 to make the complaint to the Ombudsman, and b the requirements of section 8(1) are met in respect of it. 3 A complaint is “duly referred” to the Ombudsman if (but only if)— a it is referred to the Ombudsman by a listed authority, and b the requirements of section 9(1) are met in respect of it. 4 The Ombudsman may investigate a complaint under this Part in respect of a matter even if the requirements of section 8(1) or (as the case may be) section 9(1)(b), (c) or (d) are not met in respect of the complaint, if— a the matter is one which the Ombudsman is entitled to investigate under sections 11 to 16, and b the Ombudsman thinks it reasonable to do so. 5 It is for the Ombudsman to decide whether to begin, continue or discontinue an investigation (but see section 8(5)(a) for a restriction on the power to begin an investigation under subsection (1)(a)). 6 The Ombudsman may take any action which the Ombudsman thinks may assist in making a decision under subsection (5). 7 The Ombudsman may begin or continue an investigation into a complaint even if the complaint, or the referral of the complaint, has been withdrawn (but see section 8(5)(a) for a restriction on the power to begin an investigation under subsection (1)(a)). Power to investigate on own initiative 4 1 The Ombudsman may investigate a matter under this Part, which the Ombudsman is entitled to investigate under sections 11 to 16, whether a complaint has been duly made or referred to the Ombudsman or not. 2 Before the Ombudsman begins an investigation under this section, the Ombudsman must— a have regard to the public interest in beginning an investigation, b have a reasonable suspicion— i that there is systemic maladministration, or ii in a case where the matter is one which may be investigated by virtue of section 15(2), that systemic injustice has been sustained as a result of the exercise of professional judgement, c consult such persons as the Ombudsman considers appropriate (but see section 66 for further duties around consultation), and d have regard to the criteria for own initiative investigations published under section 5. 3 Subject to the other provisions of this section— a it is for the Ombudsman to decide whether to begin, continue or discontinue an investigation under this section; b the Ombudsman may take any action the Ombudsman thinks may assist in making a decision under subsection (3)(a). Criteria for own initiative investigations 5 1 The Ombudsman must publish criteria to be used in determining whether to begin an investigation under section 4. 2 The Ombudsman must lay a draft of the first criteria before the Assembly. 3 If, before the end of the 40 day period, the Assembly resolves not to approve the draft criteria, the Ombudsman must not publish the criteria in the form of the draft. 4 If no such resolution is made before the end of that period, the Ombudsman must publish the criteria in the form of the draft. 5 The 40 day period— a begins on the day on which the draft is laid before the Assembly, and b does not include any time during which the Assembly is dissolved or is in recess for more than four days. 6 Subsection (3) does not prevent new draft criteria from being laid before the Assembly. 7 Before laying the draft criteria before the Assembly, the Ombudsman must consult— a the Welsh Ministers, b the listed authorities in Schedule 3, and c such other persons as the Ombudsman thinks appropriate. 8 The Ombudsman must, in preparing the draft criteria to be laid before the Assembly, have regard to any representations made during the consultation mentioned in subsection (7). 9 The criteria come into force when they are published by the Ombudsman. 10 The Ombudsman may from time to time revise and re-publish the criteria. 11 If, in the opinion of the Ombudsman, revisions made under subsection (10) effect any material change to the criteria, the Ombudsman must lay a draft of those revisions before the Assembly. 12 Subsections (3) to (9) apply to draft revisions laid before the Assembly under subsection (11) as they apply to the first criteria. 13 The Welsh Ministers may by regulations amend the criteria published by the Ombudsman under this section by adding criteria, removing criteria or changing the criteria. 14 Where the Welsh Ministers make regulations under subsection (13), the Ombudsman must publish the criteria, as amended by the regulations, on the day the regulations come into force. 15 Before making regulations under subsection (13), the Welsh Ministers must consult— a the Ombudsman, b the listed authorities in Schedule 3, and c such other persons as the Welsh Ministers think appropriate. 16 No regulations are to be made under subsection (13) unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, the Assembly. Alternative resolution of matters 6 1 The Ombudsman may take any action the Ombudsman thinks appropriate with a view to resolving a matter which the Ombudsman has power to investigate under this Part. 2 The Ombudsman may take action under this section in addition to or instead of conducting an investigation. 3 Any action under this section must be taken in private. Complaints Who can complain 7 1 The persons entitled to make a complaint to the Ombudsman under this Part are— a a member of the public (in this Part referred to as “ the person aggrieved ”) who claims or claimed to have sustained injustice or hardship in consequence of a matter which the Ombudsman is entitled to investigate under sections 11 to 16, b a person authorised in writing by the person aggrieved to act on that person's behalf, or c if the person aggrieved is not capable of authorising such a person (for example because the person aggrieved has died), a person who appears to the Ombudsman to be appropriate to act on behalf of the person aggrieved. 2 “ Member of the public ” means any person other than a listed authority acting in its capacity as such. 3 It is for the Ombudsman to determine any question of whether a person is entitled under this section to make a complaint to the Ombudsman. Requirements: complaints made to the Ombudsman 8 1 The requirements mentioned in section 3(2)(b) are that the complaint must— a be in a form specified by the Ombudsman in guidance; b contain such information as specified by the Ombudsman in guidance; c be made to the Ombudsman before the end of the period of one year starting on the day on which the person aggrieved first had notice of the matter alleged in the complaint. 2 The Ombudsman must publish the guidance referred to in subsection (1). 3 It is for the Ombudsman to determine any question of whether the requirements of subsection (1) are met in respect of a complaint. 4 If a complaint which meets the requirements of subsection (1) is made other than in writing, the Ombudsman must— a explain to the person who made the complaint that a complaint has been duly made under this Act and the implications of making such a complaint, and b ask the person whether the person wishes the complaint to continue to be treated as a complaint that has been duly made. 5 If the person does not wish the complaint to continue to be treated as being duly made, the Ombudsman— a must not use the power in section 3(1)(a) to begin an investigation into the matter alleged in the complaint; b may use the power in section 4 to investigate the matter alleged in the complaint. 6 If the person wishes the complaint to continue to be treated as being duly made, the Ombudsman must ask the person whether the person wishes the complaint to be confirmed in writing. 7 If the person wishes the complaint to be confirmed in writing, the Ombudsman must make such arrangements as are necessary for the complaint to be confirmed in writing. Requirements: complaints referred to the Ombudsman 9 1 The requirements mentioned in section 3(3)(b) are that the complaint— a must have been made to the listed authority by a person who would have been entitled under section 7 to make the complaint to the Ombudsman; b must have been made to the listed authority before the end of the period of one year starting on the day on which the person aggrieved first had notice of the matters alleged in the complaint; c must be referred to the Ombudsman in a form and contain such information as specified by the Ombudsman in guidance; d must be referred to the Ombudsman before the end of the period of one year starting on the day on which the complaint was made to the listed authority. 2 The Ombudsman must publish the guidance referred to in subsection (1)(c). 3 It is for the Ombudsman to determine any question of whether the requirements of subsection (1) are met in respect of a complaint. Records of complaints 10 The Ombudsman must maintain a register of every complaint made or referred to the Ombudsman in respect of a matter which the Ombudsman is entitled to investigate under this Part. Matters which may be investigated Matters which may be investigated 11 1 The matters which the Ombudsman is entitled to investigate under this Part are— a alleged maladministration by a listed authority in connection with relevant action; b an alleged failure in a relevant service provided by a listed authority; c an alleged failure by a listed authority to provide a relevant service. 2 The matters may relate to action taken before or after this Act receives Royal Assent. 3 Subsection (1) is subject to sections 12 to 15. 4 Relevant action is— a in the case of a listed authority which is a family health service provider in Wales or an independent provider in Wales, action taken by the authority in connection with the provision of a relevant service; b in the case of a listed authority which is a social landlord in Wales or a Welsh health service body other than the Welsh Ministers, action taken by the authority in the discharge of any of its functions; c in the case of a listed authority which is a person with functions conferred by regulations made under section 113(2) of the Health and Social Care (Community Health and Standards) Act 2003 (c.43), action taken by the authority in the discharge of any of those functions; d in the case of a listed authority which is a listed authority by virtue of regulations under section 31(2) adding it to Schedule 3, action taken by the authority in the discharge of any of its specified functions; e in any other case, action taken by the authority in the discharge of any of its administrative functions. 5 A relevant service is— a in the case of a listed authority which is a family health service provider in Wales, any of the family health services which the authority had, at the time of the action which is the subject of the investigation, entered into a contract, undertaken, or made arrangements, to provide; b in the case of a listed authority which is an independent provider in Wales, any service which the authority had, at that time, made arrangements with a Welsh health service body or a family health service provider in Wales to provide; c in the case of a listed authority falling within subsection (4)(c), any service which it was, at that time, the authority's function to provide in the discharge of any of the functions mentioned in that subsection; d in the case of a listed authority falling within subsection (4)(d), any service which it was, at that time, the authority's function to provide in the discharge of any of its specified functions; e in any other case, any service which it was, at that time, the authority's function to provide. 6 For the purposes of subsections (4)(d) and (5)(d), a listed authority's specified functions are the functions specified in relation to the authority in regulations under section 31(2) as falling within the Ombudsman's remit. 7 An administrative function which may be discharged by a person who is a member of the administrative staff of a relevant tribunal is to be treated as an administrative function of a listed authority for the purposes of subsection (4) if— a the person was appointed by the authority, or b the person was appointed with the consent of the authority (whether as to remuneration and other terms and conditions of service or otherwise). Exclusion: matters not relating to Wales 12 1 The Ombudsman may not investigate a matter arising in connection with the discharge or provision by a listed authority of any of the authority's functions or services otherwise than in relation to Wales. 2 Subsection (1) does not apply in relation to the Welsh Government. 3 To the extent that a function of a listed authority is discharged in relation to the Welsh language or any other aspect of Welsh culture, it is to be regarded for the purposes of subsection (1) as discharged in relation to Wales. Exclusion: other remedies 13 1 The Ombudsman may not investigate a matter under section 3 if the person aggrieved has or had— a a right of appeal, reference or review to or before a tribunal constituted under an enactment or by virtue of Her Majesty's prerogative, b a right of appeal to a Minister of the Crown, the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Government, or c a remedy by way of proceedings in a court of law. 2 But subsection (1) does not apply if the Ombudsman is satisfied that, in the particular circumstances, it is not reasonable to expect the person to resort, or to have resorted, to the right or remedy. 3 The Ombudsman may investigate a matter under section 3 only if the Ombudsman is satisfied that— a the matter has been brought to the attention of the listed authority to which the matter relates by or on behalf of the person aggrieved, and b the authority has been given a reasonable opportunity to investigate and respond to it. 4 But subsection (3) does not prevent the Ombudsman from investigating a matter if the Ombudsman is satisfied that it is reasonable in the particular circumstances for the Ombudsman to investigate the matter despite the fact that the requirements of that subsection have not been met. Other excluded matters 14 1 The Ombudsman may not investigate under this Part a matter specified in Schedule 2. 2 The Welsh Ministers may by regulations amend Schedule 2 by— a adding an entry; b removing an entry; c changing an entry. 3 Before making regulations under subsection (2), the Welsh Ministers must consult the Ombudsman. 4 No regulations are to be made under subsection (2) unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, the Assembly. 5 Subsection (1) does not prevent the Ombudsman from investigating action of a listed authority in operating a procedure established to examine complaints or review decisions. Decisions taken without maladministration 15 1 The Ombudsman may not question the merits of a decision taken without maladministration by a listed authority in the exercise of a discretion. 2 Subsection (1) does not apply to the merits of a decision to the extent that the decision was taken in consequence of the exercise of professional judgement which appears to the Ombudsman to be exercisable in connection with the provision of health or social care. Ancillary investigations Power to investigate other health-related services 16 1 This section applies where— a the Ombudsman has power under this Part to investigate— i alleged maladministration by a relevant listed authority in connection with relevant action taken by the authority in relation to a person, ii an alleged failure in a relevant service provided to a person by a relevant listed authority, or iii an alleged failure by a relevant listed authority to provide a relevant service to a person, and b a health-related service which is not a relevant service has also been provided to the person. 2 If the Ombudsman considers that the alleged maladministration or failure cannot be investigated effectively or completely without also investigating the health-related service mentioned in subsection (1)(b), the Ombudsman may investigate that service as part of the investigation in respect of the relevant listed authority. 3 If the Ombudsman does so, any reference to a listed authority in section 17, 18, 23(2)(b) or (7)(a), 27, 28(4)(b), (6)(c), (6)(d) or (9)(b)(ii) or 29(4)(a) includes, in addition, a reference to the person who provided the health-related service mentioned in subsection (1)(b). 4 In this section— “ health-related service ” (“ gwasanaeth sy'n gysylltiedig ag iechyd ”) includes— any medical, dental, ophthalmic, nursing, midwifery or pharmaceutical service, and any other service which is provided in connection with a person's physical or mental health, other than a special procedure performed under the authority of a special procedure licence (within the meaning of Part 4 of the Public Health (Wales) Act 2017 (anaw 2); “ relevant action ” (“ camau gweithredu perthnasol ”) has the meaning given in section 11(4); “ relevant listed authority ” (“ awdurdod rhestredig perthnasol ”) means— ... a Local Health Board; an NHS Trust managing a hospital or other establishment or facility in Wales; a Special Health Authority not discharging functions only or mainly in England; ... an independent provider in Wales; a family health service provider in Wales; a person with functions conferred by regulations made under section 113(2) of the Health and Social Care (Community Health Standards) Act 2003 (c.43); the Welsh Health Specialised Services Committee; the Citizen Voice Body for Health and Social Care, Wales; “ relevant service ” (“ gwasanaeth perthnasol ”) has the meaning in section 11(5). 5 This section does not affect the Ombudsman's power under section 19. Decisions not to investigate etc Decisions not to investigate or to discontinue investigation 17 1 If the Ombudsman — a decides not to begin an investigation, or to discontinue an investigation, into a matter under section 3(5), or b where the Ombudsman has consulted a person under section 4(2)(c), decides not to begin an investigation, or to discontinue an investigation, into a matter under section 4(3)(a), the Ombudsman must prepare a statement of the reasons for the decision. 2 The Ombudsman must send a copy of the statement to— a any person who made a complaint to the Ombudsman in respect of the matter, and b the listed authority to which the matter relates. 3 The Ombudsman may send a copy of the statement to any other persons the Ombudsman thinks appropriate. 4 The Ombudsman may publish a statement under this section if, after taking account of the interests of the person aggrieved (if any) and any other persons the Ombudsman thinks appropriate, the Ombudsman considers it to be in the public interest to do so. 5 The Ombudsman may supply a copy of a statement published under subsection (4), or any part of such a statement, to any person who requests it. 6 The Ombudsman may charge a reasonable fee for supplying a copy of a statement, or part of a statement, under subsection (5). 7 If a statement prepared under subsection (1)— a mentions the name of any person other than the listed authority to which the matter relates, or b includes any particulars which, in the opinion of the Ombudsman, are likely to identify any such person and which, in the Ombudsman's opinion, can be omitted without impairing the effectiveness of the statement, that information must not be included in a version of the statement sent to a person under subsection (2) or (3) or published under subsection (4), subject to subsection (8). 8 Subsection (7) does not apply in relation to a version of the statement if, after taking account of the interests of the person aggrieved (if any) and any other persons the Ombudsman thinks appropriate, the Ombudsman considers it to be in the public interest to include that information in that version of the statement. Investigation procedure and evidence Investigation procedure 18 1 If the Ombudsman conducts an investigation under section 3, the Ombudsman must— a give the listed authority to which the investigation relates an opportunity to comment on any allegations contained in the complaint; b give any other person who is alleged in the complaint to have taken or authorised the action complained of an opportunity to comment on any allegations relating to that person. 2 If the Ombudsman conducts an investigation under section 4, the Ombudsman must— a prepare an investigation proposal, and b submit the investigation proposal to— i the listed authority being investigated, and ii any person, other than the listed authority, who is identified in the investigation proposal in a negative way. 3 But if— a the Ombudsman has begun to investigate a matter under section 3 or 4 (in either case, “the original investigation”), and b the Ombudsman has begun another investigation into a matter (“the related investigation”) under section 4 that relates to the original investigation, subsection (2) does not apply to the related investigation. 4 An investigation relates to an original investigation if the matter investigated in the related investigation has a substantial connection with the matter investigated in the original investigation. 5 Where the Ombudsman prepares an investigation proposal in relation to a matter, the Ombudsman must— a give the listed authority being investigated an opportunity to comment on the investigation proposal; b give any person, other than the listed authority, who is identified in the investigation proposal in a negative way, an opportunity to comment on the investigation proposal (as far as the investigation proposal relates to that person). 6 Where the Ombudsman has begun a related investigation into a matter and no investigation proposal is prepared by virtue of subsection (3), the Ombudsman must— a give the listed authority an opportunity to comment on the related investigation; b give any person, other than the listed authority, who is identified by the Ombudsman in relation to the related investigation in a negative way, an opportunity to comment on the related investigation (as far as the related investigation relates to that person). 7 An investigation proposal must set out— a he reasons for the investigation, and b how the criteria published under section 5 have been met. 8 An investigation must be conducted in private. 9 Subject to the other provisions of this section, the procedure for conducting an investigation under section 3 or 4 is to be such as the Ombudsman thinks appropriate in the circumstances of the case. 10 In particular, the Ombudsman may— a make such inquiries as the Ombudsman thinks appropriate; b determine whether any person may be represented in the investigation by an authorised person or otherwise. 11 In subsection (10) “ authorised person ” means a person who, for the purposes of the Legal Services Act 2007 (c.29), is an authorised person in relation to an activity which constitutes the exercise of a right of audience or the conduct of litigation (within the meaning of that Act). 12 The Ombudsman may pay to any person who attends or supplies information for the purposes of the investigation— a such sums as the Ombudsman may determine in respect of expenses properly incurred by the person, and b such allowances as the Ombudsman may determine by way of compensation for the loss of the person's time, subject to such conditions as the Ombudsman may determine. 13 The Ombudsman must publish the procedure that the Ombudsman will follow when conducting an investigation under section 3 or 4. 14 The conduct of an investigation in respect of a listed authority does not affect— a the validity of any action taken by the listed authority, or b any power or duty of the listed authority to take further action with respect to any matter under investigation. Information, documents, evidence and facilities 19 1 This section applies in relation to investigations conducted under this Part. 2 For the purposes of an investigation the Ombudsman may require a person the Ombudsman thinks is able to supply information or produce a document relevant to the investigation to do so. 3 For the purposes of an investigation the Ombudsman has the same powers as the High Court in respect of— a the attendance and examination of witnesses (including the administration of oaths and affirmations and the examination of witnesses abroad), and b the production of documents. 4 For the purposes of an investigation the Ombudsman may require a person the Ombudsman thinks is able to supply information or produce a document relevant to the investigation to provide any facility the Ombudsman may reasonably require. 5 Subject to subsection (7), no person is to be compelled for the purposes of an investigation to give any evidence or produce any document which the person could not be compelled to give or produce in civil proceedings before the High Court. 6 No obligation to maintain secrecy or other restriction on the disclosure of information obtained by or supplied to persons in Her Majesty's service, whether imposed by any enactment or rule of law, is to apply to the disclosure of information for the purposes of an investigation. 7 The Crown is not entitled in relation to an investigation to any privilege in respect of the production of documents or the giving of evidence that would otherwise be allowed by law in legal proceedings. Obstruction and contempt 20 1 If the Ombudsman is satisfied that the condition in subsection (2) is met in relation to a person, the Ombudsman may issue a certificate to that effect to the High Court. 2 The condition is that the person— a without lawful excuse, has obstructed the discharge of any of the Ombudsman's functions under this Part, or b has done an act in relation to an investigation which, if the investigation were proceedings in the High Court, would constitute contempt of court. 3 But the condition in subsection (2) is not met in relation to a person merely because the person has taken action such as is mentioned in section 18(14). 4 If the Ombudsman issues a certificate under subsection (1), the High Court may inquire into the matter. 5 If the High Court is satisfied that the condition in subsection (2) is met in relation to the person, it may deal with the person in any manner in which it could have if the person had committed contempt in relation to the High Court. Obstruction and contempt: costs recovery 21 1 This section applies where— a the Ombudsman investigates a health-related service as part of an investigation in respect of a relevant listed authority under section 16(2), and b the Ombudsman is satisfied that the condition in subsection (2) is met. 2 The condition is that the provider of the health-related service (“ the provider ”)— a without lawful excuse, has obstructed the discharge of any of the Ombudsman's functions under this Part, or b has done an act in relation to the investigation which, if the investigation were proceedings in the High Court, would constitute contempt of court. 3 The condition in subsection (2) is not met in relation to a provider merely because the provider has taken action of the kind mentioned in section 18(14)(b). 4 The Ombudsman may serve a notice (a “costs recovery notice”) on the provider requiring the provider to pay the Ombudsman costs incurred by the Ombudsman as a result of the obstruction or act mentioned in subsection (2). 5 The costs referred to in subsection (4) may include (but are not limited to) the costs of obtaining expert advice (including legal advice). 6 A costs recovery notice must— a set out the basis on which the notice is issued, including details of the obstruction or act which, in the opinion of the Ombudsman, meets the condition in subsection (2), b specify the amount that must be paid to the Ombudsman, together with a detailed breakdown of the amount, c specify— i the date by which payment must be made, and ii how payment may be made, and d explain the right of appeal in subsection (9). 7 The payment date specified under subsection (6)(c) must be at least 28 days later than the date on which the costs recovery notice is served on the provider. 8 The provider must pay the Ombudsman the amount specified in the costs recovery notice by the date specified in that notice (but this is subject to the remaining provisions of this section). 9 The provider may appeal to the magistrates' court against a costs recovery notice within 21 days beginning with the date on which the notice is served on the provider; and where the provider does so, subsection (8) does not apply (but see subsections (15) and (16)). 10 An appeal is to be by way of a complaint for an order that the notice be quashed or varied, and in accordance with the Magistrates' Court Act 1980 (c.43). 11 For the purpose of the time limit for making an appeal, the making of a complaint is to be treated as the making of an appeal. 12 The grounds for appeal are that the Ombudsman‘s decision to issue the costs recovery notice was— a based on an error of fact, b wrong in law, or c unreasonable for any reason. 13 On appeal, the magistrates' court may— a confirm, quash or vary the costs recovery notice, and b make such order as to costs as it thinks fit. 14 Where, on appeal, the magistrates' court quashes or varies the costs recovery notice, it may order the Ombudsman to compensate the provider for loss suffered as a result of the service of the notice. 15 Where, on appeal, the magistrates' court confirms the costs recovery notice (with or without variation), the provider must pay the amount payable by virtue of the notice within 28 days beginning with the date on which the appeal is finally determined. 16 Where an appeal made under this section is withdrawn, the provider must pay the amount specified in the costs recovery notice within 28 days beginning with the date on which the appeal is withdrawn. 17 An amount payable under this section is recoverable summarily as a civil debt. 18 In this section, “ health-related service ” has the same meaning as in section 16. Serving a costs recovery notice 22 1 This section applies to the service of a costs recovery notice under section 21. 2 The costs recovery notice may be served on a person— a by being delivered personally to the person, b by leaving it at the person's proper address, c by being sent by post to the person's proper address, or d where subsection (3) applies, by sending it electronically to an address provided for that purpose. 3 This subsection applies where the person to whom the costs recovery notice is to be issued has agreed in writing that it may be sent electronically. 4 For the purposes of subsection (2)(a), a costs recovery notice may be delivered personally to a body corporate by giving it to the secretary or clerk of that body. 5 Where the Ombudsman serves a costs recovery notice in the manner mentioned in subsection (2)(b), the costs recovery notice is to be treated as having been received at the time it was left at the person's proper address unless the contrary is shown. 6 For the purposes of subsections (2)(b) and (c), the proper address of a person is— a in the case of a body corporate, the address of the registered or principal office of the body; b in the case of a person acting in their capacity as a partner in a partnership, the address of the principal office of the partnership; c in any other case, the last known address of the person. 7 Where the Ombudsman serves a costs recovery notice in the manner mentioned in subsection (2)(c) by sending it to an address in the United Kingdom, the costs recovery notice is to be treated as having been received 48 hours after it is sent unless the contrary is shown. 8 Where the Ombudsman serves a costs recovery notice in the manner mentioned in subsection (2)(d), the costs recovery notice is to be treated as having been received 48 hours after it is sent unless the contrary is shown. Reports of investigations Reports of investigations 23 1 The Ombudsman must, after conducting an investigation— a prepare a report on the Ombudsman's findings, and b send a copy of the report to the persons listed in subsection (2), but this is subject to section 27. 2 The persons referred to in subsection (1)(b) are— a if the investigation relates to a complaint, the person who made the complaint; b the listed authority to which the report relates; c any other person who is alleged in the complaint (if any) to have taken or authorised the action complained of or is identified in the report by the Ombudsman in a negative way; d if the listed authority is a family health service provider in Wales— i any Local Health Board with whom the authority had, at the time of the action which is the subject of the investigation, entered into a contract to provide the family health services which are under investigation; ii any person to whom the authority had, at that time, undertaken to provide those services; iii any person with whom the authority had, at that time, made arrangements for the provision of those services; e if the listed authority is an independent provider in Wales— i any Welsh health service body with whom the authority had, at the time of the action which is the subject of the investigation, made arrangements for the provision of the services under investigation; ii any family health service provider in Wales with whom the authority had, at that time, made arrangements for the provision of those services; f the First Minister for Wales (unless the listed authority is itself the Welsh Government or is a local authority in Wales). 3 The Ombudsman may send a copy of the report to any other persons the Ombudsman thinks appropriate. 4 The Ombudsman may publish a report prepared under this section if, after taking account of the interests of the person aggrieved (if any) and any other persons the Ombudsman thinks appropriate, the Ombudsman considers it to be in the public interest to do so. 5 The Ombudsman may supply a copy of a report published under subsection (4), or any part of such a report, to any person who requests it. 6 The Ombudsman may charge a reasonable fee for supplying a copy of a report, or part of a report, under subsection (5). 7 If a report prepared under this section— a mentions the name of any person other than the listed authority in respect of which the report was made, or b includes any particulars which, in the opinion of the Ombudsman, are likely to identify any such person and which, in the Ombudsman's opinion, can be omitted without impairing the effectiveness of the report, that information must not be included in a version of the report sent to a person under subsection (1)(b) or (3) or published under subsection (4), subject to subsection (8). 8 Subsection (7) does not apply in relation to a version of the report if, after taking account of the interests of the person aggrieved (if any) and any other persons the Ombudsman thinks appropriate, the Ombudsman considers it to be in the public interest to include that information in that version of the report. Publicising reports 24 1 If a listed authority receives a copy of a report under section 23(1)(b), the authority must make copies of that version of the report available for a period of at least three weeks— a at one or more of the authority's offices, and b if the authority has a website, on the website. 2 Throughout that period of three weeks, any person may— a inspect the copy of the report at the office or offices concerned at any reasonable time without payment; b make a copy of the report or any part of it at any reasonable time without payment; c require the listed authority to supply the person with a copy of the report or any part of it, on payment of a reasonable sum if requested; d view the copy of the report on the website (if any) without payment. 3 Not later than two weeks after the copy of the report is received, the listed authority must ensure that a notice is published in a newspaper circulating in the part of Wales in which the matter which is the subject of the report arose. 4 The notice must specify— a the date on which the period of three weeks referred to in subsection (1) will begin, b the office or offices at which a copy of the report can be inspected, and c the address of the authority's website (if any). 5 The Ombudsman may give directions to listed authorities with regard to the discharge of their functions under this section. 6 Directions under subsection (5) may relate— a to a particular listed authority in respect of a particular report, or b generally to the discharge of functions under this section by all or any listed authorities. 7 A person commits an offence if— a the person wilfully obstructs a person in the exercise of a right conferred by subsection (2)(a), (b) or (d), or b the person refuses to comply with a requirement under subsection (2)(c). 8 A person guilty of an offence under subsection (7) is liable on summary conviction to a fine not exceeding level 3 on the standard scale. 9 The Ombudsman may direct that subsections (1) to (4) are not to apply in relation to a particular report. 10 In deciding whether to give a direction under subsection (9), the Ombudsman must take into account— a the public interest, b the interests of the person aggrieved (if any), and c the interests of any other persons the Ombudsman thinks appropriate. Publicising reports: health care providers 25 1 If an investigation is conducted in respect of a listed authority which is a family health service provider in Wales, section 24 has effect with the modifications specified in subsections (2) to (4). 2 For subsection (1) substitute— 1 A person who has received a copy of a report under section 23 by virtue of section 23(2)(d) must make copies of the report available for a period of at least three weeks— a at one or more of the person's offices, and b if the person has a website, on the website. 3 The references to the listed authority are to be taken to be references to that person. 4 The references to listed authorities, or to a particular listed authority, are to be taken to be references to persons, or a particular person, of the same description as that person. 5 If an investigation is conducted in respect of a listed authority which is an independent provider in Wales, section 24 has effect with the modifications specified in subsections (6) to (8). 6 For subsection (1) substitute— 1 A person who has received a copy of a report under section 23 by virtue of section 23(2)(e) must make copies of the report available for a period of at least three weeks— a at one or more of the person's offices, and b if the person has a website, on the website. 7 The references to the listed authority are to be taken to be references to that person. 8 The references to listed authorities, or to a particular listed authority, are to be taken to be references to persons, or a particular person, of the same description as that person. Action following receipt of a report 26 1 This section applies if, in a report under section 23 of an investigation in respect of a listed authority, the Ombudsman concludes that any person has sustained, or is likely to sustain, injustice or hardship in consequence of the matter investigated. 2 The listed authority must consider the report and notify the Ombudsman before the end of the permitted period of— a the action it has taken or proposes to take in response to it, and b the period before the end of which it proposes to have taken that action (if it has not already done so). 3 The permitted period is— a the period of one month beginning on the date on which the authority receives the report, or b any longer period specified by the Ombudsman in writing. Reports: alternative procedure 27 1 This section applies if, after the Ombudsman has conducted an investigation— a the Ombudsman concludes that no person has sustained, or is likely to sustain, injustice or hardship in consequence of the matter investigated, and b the Ombudsman is satisfied that the public interest does not require sections 23 to 26 to apply. 2 This section also applies if, after the Ombudsman has conducted an investigation— a the Ombudsman concludes that any person has sustained, or is likely to sustain, injustice or hardship in consequence of the matter investigated, b the listed authority to which the investigation relates agrees to implement, before the end of the permitted period, any recommendations the Ombudsman makes, and c the Ombudsman is satisfied that the public interest does not require sections 23 to 26 to apply. 3 The permitted period is— a a period agreed between the Ombudsman and the listed authority and, if the investigation relates to a complaint, the person who made the complaint, or b if the Ombudsman thinks that no such agreement can be reached, the period specified by the Ombudsman in writing. 4 The Ombudsman may decide to prepare a report on the Ombudsman's findings under this section instead of under section 23. 5 If the Ombudsman decides to prepare a report under this section— a sections 23 to 26 do not apply; b the Ombudsman must send a copy of the report to— i if the investigation relates to a complaint, the person who made the complaint; ii the listed authority in respect of which the report was made; c the Ombudsman may send a copy of the report to any other persons the Ombudsman thinks appropriate. 6 The Ombudsman may publish a report prepared under this section if, after taking account of the interests of the person aggrieved (if any) and any other persons the Ombudsman thinks appropriate, the Ombudsman considers it to be in the public interest to do so. 7 The Ombudsman may supply a copy of a report published under subsection (6), or any part of such a report, to any person who requests it. 8 The Ombudsman may charge a reasonable fee for supplying a copy of a report, or part of a report, under subsection (7). 9 If a report prepared under this section— a mentions the name of any person other than the listed authority in respect of which the report was made, or b includes any particulars which, in the opinion of the Ombudsman, are likely to identify any such person and which, in the Ombudsman's opinion, can be omitted without impairing the effectiveness of the report, that information must not be included in a version of the report sent to a person under subsection (5) or published under subsection (6), subject to subsection (10). 10 Subsection (9) does not apply in relation to a version of the report if, after taking account of the interests of the person aggrieved (if any) and any other persons the Ombudsman thinks appropriate, the Ombudsman considers it to be in the public interest to include that information in that version of the report. Special reports Special reports 28 1 The Ombudsman may prepare a report under this section (a “special report”) if subsection (2), (4) or (6) applies. 2 This subsection applies if, in a report under section 23, the Ombudsman has concluded that any person has sustained, or is likely to sustain, injustice or hardship in consequence of the matter investigated, and— a the Ombudsman has not received the notification required under section 26 before the end of the period permitted under that section, b the Ombudsman has received that notification but is not satisfied with— i the action which the listed authority has taken or proposes to take, or ii the period before the end of which it proposes to have taken that action, or c the Ombudsman has received that notification but is not satisfied that the listed authority has, before the end of the permitted period, taken the action it proposed to take. 3 The permitted period for the purposes of subsection (2)(c) is— a the period referred to in section 26(2)(b), or b any longer period specified by the Ombudsman in writing. 4 This subsection applies if the Ombudsman— a has prepared a report under section 27(2), and b is not satisfied that the listed authority has implemented the Ombudsman's recommendations before the end of the permitted period. 5 The permitted period for the purposes of subsection (4)(b) is— a the period referred to in section 27(2)(b), or b any longer period specified by the Ombudsman in writing. 6 This subsection applies if— a a matter which the Ombudsman is entitled to investigate has been resolved, b in resolving the matter, the Ombudsman has concluded that any person has sustained, or is likely to sustain, injustice or hardship in consequence of the matter, c the listed authority has agreed to take particular action before the end of a particular period, and d the Ombudsman is not satisfied that the listed authority has taken that action before the end of the permitted period. 7 The permitted period for the purposes of subsection (6)(d) is— a the period referred to in subsection (6)(c), or b any longer period specified by the Ombudsman in writing. 8 A special report must— a set out the facts on the basis of which subsection (2), (4) or (6) applies, and b make such recommendations as the Ombudsman thinks fit with respect to the action which, in the Ombudsman's opinion, should be taken— i to remedy or prevent the injustice or hardship to the person, and ii to prevent similar injustice or hardship being caused to any person in the future. 9 The Ombudsman must send a copy of a special report— a if the special report is prepared because subsection (2) applies, to each person to whom a copy of the report under section 23 was sent under section 23(1)(b); b if the special report is prepared because subsection (4) or (6) applies— i to the person who made the complaint, if the investigation relates to a complaint; ii to the listed authority in respect of which the report was made. 10 The Ombudsman may send a copy of a special report to any other persons the Ombudsman thinks appropriate. Special reports: supplementary 29 1 The Ombudsman may— a publish a special report made under section 28; b supply a copy of the published report or any part of it to any person who requests it. 2 The Ombudsman may charge a reasonable fee for supplying a copy of a report (or part of a report) under subsection (1)(b). 3 The listed authority in respect of which a special report is made must reimburse the Ombudsman for the cost of publishing a special report if requested to do so by the Ombudsman. 4 If a special report— a mentions the name of any person other than the listed authority in respect of which the report was made, or b includes any particulars which, in the opinion of the Ombudsman, are likely to identify any such person and which, in the Ombudsman's opinion, can be omitted without impairing the effectiveness of the report, that information must not be included in a version of the report sent to a person under section 28(9) or (10) or published under subsection (1) of this section, subject to subsection (5). 5 Subsection (4) does not apply in relation to a version of the special report if, after taking account of the interests of any person aggrieved and any other persons the Ombudsman thinks appropriate, the Ombudsman considers it to be in the public interest to include that information in that version of the special report. 6 Sections 24 and 25 (publicising reports under section 23) apply in relation to a special report under section 28 as they apply in relation to a report under section 23. Special reports relating to the Welsh Government and the National Assembly for Wales Commission 30 1 This section applies if a special report is made in a case where the investigation was made in respect of the Welsh Government or the National Assembly for Wales Commission. 2 The relevant person must lay a copy of the report before the Assembly. 3 In subsection (2) “ the relevant person ” means— a if the investigation was made in respect of the Welsh Government, the First Minister for Wales, and b if the investigation was made in respect of the National Assembly for Wales Commission, a member of that Commission. Listed authorities Listed authorities 31 1 The persons specified in Schedule 3 are listed authorities for the purposes of this Act. 2 The Welsh Ministers may by regulations amend Schedule 3 by— a adding a person, b omitting a person, or c changing the description of a person. 3 Regulations under subsection (2) adding a person to Schedule 3 may provide for this Act to apply to the person with the modifications specified in the regulations. 4 Before making regulations under subsection (2), the Welsh Ministers must consult the Ombudsman and any other persons they think appropriate. 5 No regulations are to be made under subsection (2) unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, the Assembly. 6 Sections 32 and 33 contain further restrictions on the power in subsection (2). Restrictions on power to amend Schedule 3 32 1 Regulations under section 31(2) may not omit the Welsh Government or the National Assembly for Wales Commission from Schedule 3. 2 Regulations under section 31(2) may add a person to Schedule 3 only if the provision made by the regulations would be within the legislative competence of the Assembly. Provisions in regulations adding persons to Schedule 3 33 If the Welsh Ministers propose to make regulations under section 31(2) adding a person to Schedule 3, they must also specify in the regulations— a whether all or only some of the person's functions are to fall within the remit of the Ombudsman under this Part; b if only some of the person's functions are to fall within the remit of the Ombudsman under this Part, which those functions are. Power to issue guidance 34 1 The Ombudsman may issue to one or more listed authorities such guidance about good administrative practice as the Ombudsman thinks appropriate. 2 Before issuing guidance under this section the Ombudsman must consult such listed authorities, or persons appearing to the Ombudsman to represent them, as the Ombudsman thinks appropriate. 3 If guidance issued under this section is applicable to a listed authority, the authority must have regard to the guidance in discharging its functions. 4 In conducting an investigation in respect of a listed authority, the Ombudsman may have regard to the extent to which the authority has complied with any guidance issued under this section which is applicable to the authority. 5 The Ombudsman may publish any guidance issued under this section in any manner that the Ombudsman thinks appropriate, including in particular by putting the guidance in an annual or extraordinary report. 6 Guidance issued under this section may contain different provision for different purposes. 7 Subject to subsection (8), guidance issued under this section must not— a mention the name of any person other than the listed authorities to which it is applicable or a listed authority which has been investigated under this Part, or b include any particulars which, in the opinion of the Ombudsman, are likely to identify any such person and which, in the Ombudsman's opinion, can be omitted without impairing the effectiveness of the guidance. 8 Subsection (7) does not apply if, after taking account of the interests of any persons the Ombudsman thinks appropriate, the Ombudsman considers it to be in the public interest to include that information in the guidance. Compensation Compensation for the person aggrieved 35 1 This section applies if— a a complaint in respect of a matter is made or referred to the Ombudsman, and b the complaint is one which the Ombudsman has power to investigate under this Part. 2 The listed authority in respect of which the complaint is made may make a payment to, or provide any other benefit for, the person aggrieved in respect of the matter which is the subject of the complaint. 3 It is immaterial for the purposes of this section that the Ombudsman has decided not to investigate the complaint, has discontinued an investigation of the complaint, has not yet completed an investigation of the complaint or has not upheld the complaint. 4 The power in subsection (2) does not affect any other power of the listed authority to make the payment or provide the benefit. PART 4 LISTED AUTHORITIES: COMPLAINTS-HANDLING PROCEDURES Complaints-handling: statement of principles 36 1 The Ombudsman must publish a statement of principles concerning complaints-handling procedures of listed authorities. 2 A listed authority must— a have a complaints-handling procedure, and b ensure that any such procedure complies with the statement of principles. 3 The Ombudsman must lay a draft of the first statement of principles before the Assembly. 4 If, before the end of the 40 day period, the Assembly resolves not to approve the draft, the Ombudsman must not publish the statement of principles in the form of the draft. 5 If no such resolution is made before the end of that period, the Ombudsman must publish the statement of principles in the form of the draft. 6 The 40 day period— a begins on the day on which the draft is laid before the Assembly, and b does not include any time during which the Assembly is dissolved or is in recess for more than four days. 7 Subsection (4) does not prevent a new draft statement of principles from being laid before the Assembly. 8 Before laying a draft statement of principles before the Assembly, the Ombudsman must consult— a the Welsh Ministers, and b such listed authorities and other persons as the Ombudsman thinks appropriate. 9 The Ombudsman must, in preparing the draft statement of principles to be laid before the Assembly, have regard to any representations made during the consultation mentioned in subsection (8). 10 The statement of principles comes into force when it is published by the Ombudsman. 11 The Ombudsman may from time to time revise and re-publish the statement of principles. 12 If, in the opinion of the Ombudsman, revisions made under subsection (11) effect any material change to the statement of principles, the Ombudsman must lay a draft of those revisions before the Assembly. 13 Subsections (4) to (10) apply to draft revisions laid before the Assembly under subsection (12) as they apply to the first statement of principles. 14 In this section and sections 37 to 40, “ complaints-handling procedures ” means procedures of listed authorities which examine complaints or review decisions in respect of action taken by a listed authority where the matter in question is one the Ombudsman is entitled to investigate under Part 3. Model complaints-handling procedures 37 1 The Ombudsman may publish model complaints-handling procedures for listed authorities. 2 A model complaints-handling procedure (referred to in this Act as a “model CHP”) must comply with the statement of principles. 3 The Ombudsman may publish different model CHPs for different purposes. 4 Before publishing a model CHP the Ombudsman must consult such listed authorities or groups of listed authorities as the Ombudsman thinks fit. 5 A model CHP may not, in its application to a listed authority— a impose a duty on the listed authority if the listed authority lacks the necessary powers (other than by virtue of this Act) to ensure compliance with the duty; b be inconsistent with any enactment (including any code, guidance, scheme or other document made under any enactment) that applies to the listed authority. 6 The Ombudsman may from time to time revise and re-publish any model CHP; and in doing so— a subsection (5) applies, and b before re-publishing any model CHP, the Ombudsman must notify such listed authorities or groups of listed authorities as the Ombudsman thinks fit of any revisions to the model CHP. 7 Where a model CHP is revised and re-published by virtue of subsection (6), section 38 has effect with the following modifications— a any specification under subsection (1) of that section in relation to the model CHP continues in effect as a specification in relation to the revised and re-published model CHP, b any other reference to a model CHP is to the model CHP as revised and re-published, and c in subsection (3) of that section, reference to receiving notice of the specification under subsection (1) of that section is a reference to receiving notice of the revision under subsection (6)(b) of this section. 8 The Ombudsman may withdraw any model CHP at any time. 9 Where the Ombudsman withdraws a model CHP under subsection (8)— a the Ombudsman must, before withdrawing the model CHP, notify each listed authority to which the model CHP is relevant that the model CHP will be withdrawn and when the withdrawal will happen, and b on the day the model CHP is withdrawn— i any specification under section 38(1) in relation to the withdrawn model CHP ceases to have effect, and ii the duty in section 38(3) ceases to apply to a listed authority notified under subsection (9)(a), in so far as the duty arises in relation to the withdrawn model CHP. Model complaints-handling procedures: specification of listed authorities 38 1 The Ombudsman may specify any listed authority to which a model CHP is relevant; and must notify the authority accordingly. 2 Where a model CHP is relevant to a listed authority by virtue of a specification under subsection (1), the authority must ensure there is a complaints-handling procedure which complies with the model CHP for the purposes of the specification. 3 Where subsection (2) applies, the listed authority must submit its complaints-handling procedure to the Ombudsman, having taken account of the relevant model CHP, within six months beginning with the day the listed authority receives notice of the specification under subsection (1). 4 A listed authority may, with the consent of the Ombudsman, modify the application of the model CHP which is relevant to it but only to the extent that is necessary for the effective operation of the procedure by the authority. 5 The Ombudsman may revoke any specification under subsection (1) at any time. 6 Where the Ombudsman revokes a specification under subsection (5)— a the Ombudsman must, before revoking the specification, notify each listed authority to which the specification applies that the specification will be revoked and when the revocation will happen, and b on the day the specification is revoked— i the specification ceases to have effect, and ii the duty in subsection (3) ceases to apply to a listed authority notified under subsection (6)(a), in so far as the duty arises in relation to the revoked specification. Declarations of non-compliance 39 1 Where a model CHP is relevant to a listed authority by virtue of a specification under section 38(1), the Ombudsman may declare that the complaints-handling procedure of the authority does not comply with the model CHP. 2 Where there is no specification under section 38(1) in relation to a listed authority the Ombudsman may declare that the complaints-handling procedure of the authority does not comply with the statement of principles. 3 The Ombudsman must publish a declaration under subsection (1) or (2) on the Ombudsman's website. 4 Before publishing a declaration under subsection (3), the Ombudsman must notify the listed authority to which the declaration relates— a that the Ombudsman will make a declaration, including the Ombudsman's reasons for making the declaration; b of any modifications to the complaints-handling procedure that would result in the declaration being withdrawn. 5 Where a declaration is made under subsection (1) or (2), the listed authority must revise its complaints-handling procedure and submit it to the Ombudsman, having taken account of the reasons given under subsection (4)(a) and any modifications specified in subsection (4)(b), within two months beginning with the day the declaration is published under subsection (3). 6 The Ombudsman may withdraw a declaration of non-compliance made under subsection (1) or (2) at any time if the Ombudsman thinks fit. 7 Where the Ombudsman withdraws a declaration under subsection (6)— a the Ombudsman must immediately— i notify the listed authority to which the declaration relates that the declaration has been withdrawn, including the reasons why the declaration has been withdrawn, and ii update the declaration published under subsection (3) to reflect that the declaration has been withdrawn, including the reasons why the declaration has been withdrawn; b the duty in subsection (5) ceases to apply to the listed authority, in so far as the duty arises in relation to the withdrawn declaration, as soon as the Ombudsman withdraws the declaration. Submission of complaints-handling procedure: general 40 1 A listed authority must submit its complaints-handling procedure to the Ombudsman if the Ombudsman so directs; and must do so within three months beginning with the day the listed authority receives the Ombudsman's direction or such other period as the Ombudsman may direct. 2 The time limits in sections 38(3) and 39(5) are subject to any time limits that apply in a direction given under subsection (1). 3 When a listed authority has submitted its complaints-handling procedure to the Ombudsman under this Act or otherwise, the authority must provide such additional information in relation to that procedure as the Ombudsman may request; and must do so within such period as the Ombudsman directs. Complaints-handling procedures: promotion of best practice etc 41 1 The Ombudsman must— a monitor practice and identify any trends in practice as respects the way in which listed authorities handle complaints, b promote best practice in relation to such complaints-handling, and c encourage co-operation and the sharing of best practice among listed authorities in relation to complaints-handling. 2 A listed authority must co-operate with the Ombudsman in the exercise of the function in subsection (1). 3 But the Ombudsman may not require a listed authority to co-operate under subsection (2)— a if the listed authority lacks the necessary powers (other than by virtue of this Act) to co-operate under subsection (2); b if co-operating under subsection (2) requires the listed authority to act inconsistently with any enactment (including any code, guidance, scheme or other document made under any enactment) that applies to the listed authority. PART 5 INVESTIGATION OF COMPLAINTS RELATING TO OTHER PERSONS: SOCIAL CARE AND PALLIATIVE CARE Application of this Part Matters to which this Part applies 42 1 This Part applies to the following matters— a action taken by a care home provider in connection with the provision of accommodation, nursing or personal care in a care home in Wales; b action taken by a domiciliary care provider in connection with the provision of domiciliary care in Wales; c action taken by an independent palliative care provider in connection with the provision of a palliative care service in Wales. 2 But this Part does not apply to— a matters which may be investigated under Part 3, or b matters described in Schedule 4. 3 The Welsh Ministers may by regulations amend Schedule 4 by— a adding an entry, b removing an entry, or c changing an entry. 4 Before making regulations under subsection (3), the Welsh Ministers must consult the Ombudsman. 5 No regulations are to be made under subsection (3) unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, the Assembly. 6 For the meaning of the following terms see sections 62 to 64— “ care home ” (“ cartref gofal ”); “ care home provider ” (“ darparwr cartref gofal ”); “ domiciliary care ” (“ gofal cartref ”); “ domiciliary care provider ” (“ darparwr gofal cartref ”); “ independent palliative care provider ” (“ darparwr gofal lliniarol annibynnol ”) “ palliative care service ” (“ gwasanaeth gofal lliniarol ”). Investigation of complaints Power to investigate complaints 43 1 The Ombudsman may investigate a complaint about a matter to which this Part applies if the complaint has been— a duly made to the Ombudsman, or b duly referred to the Ombudsman, and in the case of a complaint which relates to an independent palliative care provider, the condition in subsection (2) is met. 2 The condition is that the independent palliative care provider has received public funding, within the three years before the date of the action to which the investigation relates, in respect of a palliative care service that it provides in Wales. 3 In subsection (2) “ public funding ” means funding from— a the Welsh Ministers, b a Local Health Board established under section 11 of the National Health Service (Wales) Act 2006 (c.42), c an NHS Trust, or d a county council or county borough council in Wales. 4 A complaint is “duly made” to the Ombudsman if (but only if)— a it is made by a person who is entitled under section 47 to make a complaint to the Ombudsman, b before the complaint is made— i the matter to which it relates has been brought, by or on behalf of the person affected, to the notice of the provider to whom it relates, and ii the provider has been given a reasonable opportunity to investigate the matter and to respond, and c the requirements of section 48(1) are met in respect of it. 5 A complaint is “duly referred” to the Ombudsman if (but only if)— a it is made by a person who is entitled under section 47 to make a complaint to the Ombudsman, and b the requirements of section 49(1) are met in respect of it. 6 It is for the Ombudsman to determine whether the requirements of subsection (1) have been met in respect of a complaint. 7 Where the Ombudsman determines that the requirements of subsection (1) have not been met in respect of a complaint because the requirements of subsection (4)(b), section 48(1) or section 49(1)(b), (c) or (d) have not been met in respect of that complaint, the Ombudsman may nonetheless investigate the complaint if— a it relates to a matter to which this Part applies, and b the Ombudsman thinks it reasonable to do so. 8 It is for the Ombudsman to decide whether to begin, continue or discontinue an investigation (but see section 48(5)(a) for a restriction on the power to begin an investigation under subsection (1)(a)). 9 The Ombudsman may take any action which the Ombudsman thinks may assist in making a decision under subsection (8). 10 The Ombudsman may begin or continue an investigation into a complaint even if the complaint has been withdrawn (but see section 48(5)(a) for a restriction on the power to begin an investigation under subsection (1)(a)). Power to investigate on own initiative 44 1 The Ombudsman may investigate a matter to which this Part applies whether a complaint has been duly made or referred to the Ombudsman or not. 2 But if the matter relates to an independent palliative care provider, the power in subsection (1) may only be used if the condition in section 43(2) is met. 3 Before the Ombudsman begins an investigation under this section, the Ombudsman must— a have regard to the public interest in beginning an investigation, b have a reasonable suspicion that there is systemic maladministration, c consult such persons as the Ombudsman considers appropriate (but see section 66 for further duties around consultation), and d have regard to the criteria for own initiative investigations published under section 45. 4 Subject to the other provisions of this section— a it is for the Ombudsman to decide whether to begin, continue or discontinue an investigation under this section; b the Ombudsman may take any action the Ombudsman thinks may assist in making a decision under subsection (4)(a). Criteria for own initiative investigations 45 1 The Ombudsman must publish criteria to be used in determining whether to begin an investigation under section 44. 2 The Ombudsman must lay a draft of the first criteria before the Assembly. 3 If, before the end of the 40 day period, the Assembly resolves not to approve the draft criteria, the Ombudsman must not publish the criteria in the form of the draft. 4 If no such resolution is made before the end of that period, the Ombudsman must publish the criteria in the form of the draft. 5 The 40 day period— a begins on the day on which the draft is laid before the Assembly, and b does not include any time during which the Assembly is dissolved or is in recess for more than four days. 6 Subsection (3) does not prevent new draft criteria from being laid before the Assembly. 7 Before laying the draft criteria before the Assembly, the Ombudsman must consult— a the Welsh Ministers, b the listed authorities in Schedule 3, and c such other persons as the Ombudsman thinks appropriate. 8 The Ombudsman must, in preparing the draft criteria to be laid before the Assembly, have regard to any representations made during the consultation mentioned in subsection (7). 9 The criteria come into force when they are published by the Ombudsman. 10 The Ombudsman may from time to time revise and re-publish the criteria. 11 If, in the opinion of the Ombudsman, revisions made under subsection (10) effect any material change to the criteria, the Ombudsman must lay a draft of those revisions before the Assembly. 12 Subsections (3) to (9) apply to draft revisions laid before the Assembly under subsection (11) as they apply to the first criteria. 13 The Welsh Ministers may by regulations amend criteria published by the Ombudsman under this section by adding criteria, removing criteria or changing the criteria. 14 Where the Welsh Ministers make regulations under subsection (13), the Ombudsman must publish the criteria, as amended by the regulations, on the day the regulations come into force. 15 Before making regulations under subsection (13), the Welsh Ministers must consult— a the Ombudsman, b the listed authorities in Schedule 3, and c such other persons as the Welsh Ministers think appropriate. 16 No regulations are to be made under subsection (13) unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, the Assembly. Alternative resolution of matters 46 1 The Ombudsman may take any action the Ombudsman considers appropriate with a view to resolving a matter which the Ombudsman has the power to investigate under this Part. 2 The Ombudsman may take action under this section in addition to or instead of conducting an investigation. 3 Any action under this section must be taken in private. Who can complain 47 1 The persons entitled to make a complaint to the Ombudsman are— a a member of the public (referred to in this Part as “ the person aggrieved ”) who claims or claimed to have sustained injustice or hardship as a result of a matter to which this Part applies, b a person authorised in writing by the person aggrieved to act on that person's behalf, or c if the person aggrieved is not capable of authorising such a person (for example because the person has died), a person who appears to the Ombudsman to be appropriate to act on behalf of the person aggrieved. 2 “ Member of the public ” does not include a person acting in the capacity of— a a care home provider, b a domiciliary care provider, c an independent palliative care provider, or d a listed authority. 3 It is for the Ombudsman to determine any question of whether a person is entitled under this section to make a complaint. Requirements: complaints made to the Ombudsman 48 1 The requirements mentioned in section 43(4)(c) are that the complaint must— a be in a form specified by the Ombudsman in guidance; b contain such information as specified by the Ombudsman in guidance; c be made before the end of the period of one year beginning with the day on which the person aggrieved first has notice of the matter alleged in the complaint. 2 The Ombudsman must publish the guidance referred to in subsection (1). 3 It is for the Ombudsman to determine whether the requirements of subsection (1) are met in respect of a complaint. 4 If a complaint which meets the requirements of subsection (1) is made other than in writing, the Ombudsman must— a explain to the person who made the complaint that a complaint has been duly made under this Act and the implications of making such a complaint, and b ask the person whether the person wishes the complaint to continue to be treated as a complaint that has been duly made. 5 If the person does not wish the complaint to continue to be treated as being duly made, the Ombudsman— a must not use the power in section 43(1)(a) to begin an investigation into the matter alleged in the complaint; b may use the power in section 44 to investigate the matter alleged in the complaint. 6 If the person wishes the complaint to continue to be treated as being duly made, the Ombudsman must ask the person whether the person wishes the complaint to be confirmed in writing. 7 If the person wishes the complaint to be confirmed in writing, the Ombudsman must make such arrangements as are necessary for the complaint to be confirmed in writing. Requirements: complaints referred to the Ombudsman 49 1 The requirements mentioned in section 43(5)(b) are that the complaint— a must have been made to the provider to whom it relates by a person who would have been entitled under section 47 to make the complaint to the Ombudsman; b must have been made to the provider to whom it relates before the end of the period of one year beginning with the day on which the person aggrieved first has notice of the matter; c must be referred to the Ombudsman in a form and contain such information as specified by the Ombudsman in guidance; d must be referred to the Ombudsman before the end of the period of one year beginning with the day on which the complaint was made to the provider. 2 The Ombudsman must publish the guidance referred to in subsection (1)(c). 3 It is for the Ombudsman to determine any question of whether the requirements of subsection (1) are met in respect of a complaint. Records of complaints 50 The Ombudsman must maintain a register of every complaint made or referred to the Ombudsman in respect of a matter which the Ombudsman is entitled to investigate under this Part. Decisions not to investigate etc Decisions not to investigate complaints or to discontinue investigations 51 1 If the Ombudsman— a decides not to begin an investigation, or to discontinue an investigation, into a matter under section 43(8), or b where the Ombudsman has consulted a person under section 44(3)(c), decides not to begin an investigation, or to discontinue an investigation, into a matter under section 44(4)(a), the Ombudsman must prepare a statement of the reasons for that decision. 2 The Ombudsman must send a copy of the statement to— a any person who made a complaint to the Ombudsman in respect of the matter, and b the provider to whom the matter relates. 3 The Ombudsman may also send a copy of the statement to any other persons the Ombudsman thinks appropriate. 4 The Ombudsman may publish a statement under this section if, after taking account of the interests of the person aggrieved (if any) and any other persons the Ombudsman thinks appropriate, the Ombudsman considers that it would be in the public interest to do so. 5 The Ombudsman may supply a copy of the published statement, or part of that statement, to any person who requests it. 6 The Ombudsman may charge a reasonable fee for supplying a copy of a statement, or part of a statement, under subsection (5). 7 The following information must not be included in a version of a statement sent to a person under subsection (2)(b) or (3) or published under subsection (4)— a the name of a person other than the provider to whom the matter relates; b information which, in the opinion of the Ombudsman, is likely to identify such a person and which, in the Ombudsman's opinion, can be omitted without impairing the effectiveness of the statement. 8 Subsection (7) does not apply if, after taking account of the interests of the person aggrieved (if any) and any other persons the Ombudsman thinks appropriate, the Ombudsman considers that it would be in the public interest to include that information in that version of the statement. Investigation procedure and evidence Investigation procedure 52 1 If the Ombudsman conducts an investigation under section 43, the Ombudsman must— a give the provider to whom the investigation relates an opportunity to comment on the investigation, and b give any other person who is alleged in the complaint to have taken or authorised the action complained of an opportunity to comment on the allegations relating to that person. 2 If the Ombudsman conducts an investigation under section 44, the Ombudsman must— a prepare an investigation proposal, and b submit the investigation proposal to— i the provider being investigated, and ii any person, other than the provider, who is identified in the investigation proposal in a negative way. 3 But if— a the Ombudsman has begun to investigate a matter under section 43 or 44 (in either case, “the original investigation”), and b the Ombudsman has begun another investigation into a matter (“the related investigation”) under section 44 that relates to the original investigation, subsection (2) does not apply to the related investigation. 4 An investigation relates to an original investigation if the matter investigated in the related investigation has a substantial connection with the matter investigated in the original investigation. 5 Where the Ombudsman prepares an investigation proposal in relation to a matter, the Ombudsman must— a give the provider being investigated an opportunity to comment on the investigation proposal; b give any person, other than the provider, who is identified in the investigation proposal in a negative way, an opportunity to comment on the investigation proposal (as far as the investigation proposal relates to that person). 6 Where the Ombudsman has begun a related investigation into a matter and no investigation proposal is prepared by virtue of subsection (3), the Ombudsman must— a give the provider an opportunity to comment on the related investigation; b give any person, other than the provider, who is identified by the Ombudsman in relation to the related investigation in a negative way, an opportunity to comment on the related investigation (as far as the related investigation relates to that person). 7 An investigation proposal must set out— a the reasons for the investigation, and b how the criteria published under section 45 have been met. 8 An investigation must be conducted in private. 9 Subject to the other provisions of this section, the procedure for conducting an investigation under section 43 or 44 is that which the Ombudsman thinks appropriate in the circumstances of the case. 10 The Ombudsman may, among other things— a make any inquiries which the Ombudsman thinks appropriate, and b determine whether any person may be represented in the investigation by an authorised person or another person. 11 In subsection (10) “ authorised person ” means a person who, for the purposes of the Legal Services Act 2007 (c.29), is an authorised person in relation to an activity which constitutes the exercise of a right of audience or the conduct of litigation (within the meaning of that Act). 12 The Ombudsman may pay to any person who attends or supplies information for the purposes of the investigation— a sums in respect of the expenses properly incurred by them, and b allowances to compensate for the loss of their time. 13 The Ombudsman may attach conditions to those payments. 14 The Ombudsman must publish the procedure that the Ombudsman will follow when conducting an investigation under section 43 or 44. Information, documents, evidence and facilities 53 1 This section applies for the purposes of an investigation under this Part. 2 The Ombudsman may require a person the Ombudsman thinks is able to supply information or produce a document relevant to the investigation to do so. 3 The Ombudsman has the same powers as the High Court in relation to— a the attendance and examination of witnesses (including the administration of oaths and affirmations and the examination of witnesses abroad), and b the production of documents. 4 The Ombudsman may require a person the Ombudsman thinks is able to supply information or produce a document relevant to the investigation to provide any facility the Ombudsman may reasonably require. 5 Subject to subsection (6), no person may be compelled to give any evidence or produce any document which the person could not be compelled to give or produce in civil proceedings before the High Court. 6 The Crown is not entitled to any privilege in relation to the production of documents or the giving of evidence that would otherwise be allowed by law in legal proceedings. 7 Where an obligation to maintain secrecy or other restriction on the disclosure of information obtained by or supplied to persons in Her Majesty's service has been imposed by an enactment or rule of law, the obligation or restriction does not to apply to the disclosure of information for the purposes of the investigation. Obstruction and contempt 54 1 If the Ombudsman is satisfied that the condition in subsection (2) is met in relation to a person, the Ombudsman may issue a certificate to that effect to the High Court. 2 The condition is that the person— a without lawful excuse, has obstructed the discharge of any of the Ombudsman's functions under this Part, or b has done an act in relation to an investigation which, if the investigation were proceedings in the High Court, would constitute contempt of court. 3 If the Ombudsman issues a certificate, the High Court may inquire into the matter. 4 If the High Court is satisfied that the condition in subsection (2) is met in relation to the person, it may deal with that person in the same manner as it may deal with a person who has committed contempt in relation to the High Court. Reports about investigations Investigation reports 55 1 This section applies to investigations under this Part unless section 58 applies. 2 The Ombudsman must, after conducting an investigation into a matter to which this Part applies— a prepare a report on the findings of the investigation (“an investigation report”), and b send a copy of the report to the appropriate persons. 3 The appropriate persons are— a if the investigation relates to a complaint, the person who made the complaint, b the provider to whom the report relates, c any other person who is alleged in the complaint (if any) to have taken or authorised the action complained of or is identified in the report by the Ombudsman in relation to the matter in a negative way, and d the Welsh Ministers. 4 The Ombudsman may also send a copy of the report to any other persons the Ombudsman thinks appropriate. 5 The Ombudsman may publish the report if, after taking account of the interests of the person aggrieved (if any) and any other persons the Ombudsman thinks appropriate, the Ombudsman considers that it would be in the public interest to do so. 6 The Ombudsman may supply a copy of the published report, or part of that report, to any person who requests it. 7 The Ombudsman may charge a reasonable fee for supplying a copy of a report, or part of a report, under subsection (6). 8 The following information must not be included in a version of a report sent to a person under subsection (3)(b) or (c) or (4) or published under subsection (5)— a the name of a person other than the provider to whom the investigation relates; b information which, in the opinion of the Ombudsman, is likely to identify such a person and which, in the Ombudsman's opinion, can be omitted without impairing the effectiveness of the report. 9 Subsection (8) does not apply if, after taking account of the interests of the person aggrieved (if any) and any other persons the Ombudsman thinks appropriate, the Ombudsman considers that it would be in the public interest to include that information in that version of the report. Further publicity for investigation reports 56 1 The Ombudsman may arrange for a notice about an investigation report to be published— a in one or more newspapers, or b by means of broadcast or other electronic media. 2 The notice may, for example— a provide a summary of the Ombudsman's findings, b specify an address or addresses at which a copy of the published report can be inspected during ordinary office hours and from which a copy of that report (or part of that report) may be obtained, and c specify a website address at which a copy of the published report can be viewed. 3 The provider to whom the report relates must, if required to do so by the Ombudsman, reimburse the Ombudsman for the reasonable costs of arranging the publication of the notice. 4 In deciding whether it is appropriate to make arrangements under subsection (1), the Ombudsman must take into account— a the public interest, b the interests of the person aggrieved (if any), and c the interests of any other persons the Ombudsman thinks appropriate. Action following receipt of investigation reports 57 1 This section applies where the Ombudsman has concluded in an investigation report that any person has sustained injustice or hardship as a result of the matter investigated. 2 The provider to whom the matter relates must consider the report and notify the Ombudsman before the end of the permitted period of— a the action the provider has taken or proposes to take in response to the report, and b the period before the end of which the provider proposes to take that action (if that action has not already been taken). 3 In subsection (2) “ the permitted period ” means— a the period of one month beginning on the date on which the provider receives the report, or b a longer period specified by the Ombudsman in writing (if any). Reports: alternative procedure 58 1 This section applies if, after the Ombudsman has conducted an investigation under this Part— a the Ombudsman concludes that no person has sustained, or is likely to sustain, injustice or hardship as a result of the matter investigated, and b the Ombudsman is satisfied that the public interest does not require sections 55 to 57 to apply. 2 This section also applies if, after the Ombudsman has conducted an investigation under this Part— a the Ombudsman concludes that any person has sustained, or is likely to sustain, injustice or hardship as a result of the matter investigated, b the provider to whom the investigation relates agrees to implement, before the end of the permitted period, any recommendations that the Ombudsman makes, and c the Ombudsman is satisfied that the public interest does not require sections 55 to 57 to apply. 3 In subsection (2)(b) “ the permitted period ” means— a a period agreed between the Ombudsman and the provider and, if the investigation relates to a complaint, the person who made the complaint, or b if the Ombudsman thinks that no such agreement can be reached, a period specified by the Ombudsman in writing. 4 The Ombudsman may decide to prepare a report on the Ombudsman's findings under this section, rather than under section 55; and if the Ombudsman decides to do so, sections 55 to 57 do not apply. 5 If a report is prepared under this section, the Ombudsman— a must send a copy of the report to— i if the investigation relates to a complaint, the person who made the complaint; ii the provider to whom the report relates, and b may send a copy of the report to any other persons the Ombudsman thinks appropriate. 6 The Ombudsman may publish the report if, after taking account of the interests of the persons aggrieved (if any) and any other persons the Ombudsman thinks appropriate, the Ombudsman considers it to be in the public interest to do so. 7 The Ombudsman may supply a copy of a report published under subsection (6), or a part of that report, to any person who requests it. 8 The Ombudsman may charge a reasonable fee for supplying a copy of a report, or part of a report, under subsection (7). 9 The following information must not be included in a version of the report sent to a person under subsection (5) or published under subsection (6)— a the name of a person other than the provider to whom the investigation relates; b information which, in the opinion of the Ombudsman, is likely to identify such a person and which, in the Ombudsman's opinion, can be omitted without impairing the effectiveness of the report. 10 Subsection (9) does not apply if, after taking account of the interests of the person aggrieved (if any) and any other persons the Ombudsman thinks appropriate, the Ombudsman considers that it would be in the public interest to include that information in that version of the report. Special reports Circumstances in which special reports may be prepared 59 1 The Ombudsman may prepare a special report under section 60 if case 1, 2 or 3 applies. 2 Case 1 applies if— a the Ombudsman has concluded in an investigation report that any person has sustained, or is likely to sustain, injustice or hardship as a result of the matter investigated, and b one of the circumstances in subsection (3) applies. 3 The circumstances are that— a the Ombudsman has not received the notification required under section 57 before the end of the period permitted under that section; b the Ombudsman has received that notification but is not satisfied with— i the action which the provider has taken or proposes to take, or ii the period before the end of which the provider proposes to have taken that action; c the Ombudsman has received that notification but is not satisfied that the provider has, before the end of the permitted period, taken the action that the provider proposed to take. 4 In subsection (3)(c) “ the permitted period ” means— a the period referred to in section 57(2)(b), or b a longer period specified by the Ombudsman in writing (if any). 5 Case 2 applies if— a the Ombudsman has prepared a report under section 58 by virtue of subsection (2) of that section, and b the Ombudsman is not satisfied that the provider has implemented the Ombudsman's recommendations before the end of the permitted period. 6 In subsection (5)(b) “ the permitted period ” means— a the period referred to in section 58(2)(b), or b a longer period specified by the Ombudsman in writing (if any). 7 Case 3 applies if— a a matter (which the Ombudsman is entitled to investigate) in respect of a provider has been resolved, b in resolving the matter, the Ombudsman has concluded that any person has sustained, or is likely to sustain, injustice or hardship as a result of the matter, c the provider has agreed to take particular action before the end of a particular period, and d the Ombudsman is not satisfied that the provider has taken that action before the end of the permitted period. 8 In subsection (7)(d) “ the permitted period ” means— a the period referred to in subsection (7)(c), or b a longer period specified by the Ombudsman in writing (if any). Special reports 60 1 A special report must— a set out the facts which entitle the Ombudsman to prepare the special report (that is, the facts on the basis of which case 1, 2 or 3 of section 59 applies), and b make such recommendations as the Ombudsman thinks fit as to the action which, in the Ombudsman's opinion, should be taken— i to remedy or prevent the injustice or hardship to the person, and ii to prevent similar injustice or hardship being caused to any person in the future. 2 If the special report is prepared because case 1 of section 59 applies, the Ombudsman must send a copy of the report to each person to whom a copy of the section 55 report was sent under section 55(2)(b). 3 If the special report is prepared because case 2 or 3 of section 59 applies, the Ombudsman must send a copy of the report to— a if the investigation relates to a complaint, the person who made the complaint; b the provider to whom the report relates. 4 The Ombudsman may send a copy of a special report to any other persons the Ombudsman thinks appropriate. 5 The Ombudsman may publish a special report. 6 The Ombudsman may supply a copy of a published special report, or a part of such a report, to any person who requests it. 7 The Ombudsman may charge a reasonable fee for supplying a copy of a special report, or part of such a report, under subsection (6). 8 The following information must not be included in a version of a special report sent to a person under subsection (2), (3) or (4) or published under subsection (5)— a the name of any person other than the provider in respect of whom the report was made; b information which, in the opinion of the Ombudsman, is likely to identify any such person and which, in the Ombudsman's opinion, can be omitted without impairing the effectiveness of the special report. 9 Subsection (8) does not apply if, after taking account of the interests of the person aggrieved (if any) and any other persons the Ombudsman thinks appropriate, the Ombudsman considers that it would be in the public interest to include that information in that version of the special report. Further publicity for special reports 61 1 The Ombudsman may arrange for a notice about a special report to be published— a in one or more newspapers, or b by means of broadcast or other electronic media. 2 The notice may, for example— a provide a summary of the Ombudsman's findings, b specify an address or addresses at which a copy of the published report can be inspected during ordinary office hours and from which a copy of that report (or part of that report) may be obtained, and c specify a website address at which a copy of the published report can be viewed. 3 The provider to whom the report relates must, if required to do so by the Ombudsman, reimburse the Ombudsman for the reasonable costs of arranging the publication of the notice. 4 In deciding whether to make arrangements under subsection (1), the Ombudsman must take into account— a the public interest, b the interests of the person aggrieved (if any), and c the interests of any other person the Ombudsman thinks appropriate. Interpretation Meaning of “care home” and “care home provider” 62 1 This section applies for the purposes of this Act. 2 “ Care home ” means premises at which a care home service, within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2), is provided wholly or mainly to persons aged 18 or over. 3 “ Care home provider ” means a person who is a service provider of a care home service within the meaning of Part 1 of that Act where the service is provided wholly or mainly to persons aged 18 or over. 4 Action is to be treated as action taken by a care home provider if it is taken by— a a person employed by that provider, b a person acting on behalf of that provider, or c a person to whom that provider has delegated any functions. 5 Action is also to be treated as action taken by a care home provider if— a that provider provides, by means of an arrangement with another person, accommodation, nursing or care in a care home in Wales for an individual because of the individual's vulnerability or need, and b the action is taken by or on behalf of the other person in carrying out the arrangement. 6 “ Care ” has the same meaning as in Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2). Meaning of “domiciliary care” and “domiciliary care provider” 63 1 This section applies for the purposes of this Act. 2 “ Domiciliary care ” means personal care provided in their own homes for persons who by reason of illness, infirmity or disability are unable to provide it for themselves without assistance. 3 “ Domiciliary care provider ” means a person who carries on an activity which involves the provision of domiciliary care, but it does not include an individual who— a carries on the activity otherwise than in partnership with others, b is not employed by a body corporate or unincorporated association to carry it on, c does not employ any other person to carry out the activity, and d provides or arranges the provision of domiciliary care to fewer than four persons. 4 Action is to be treated as action taken by a domiciliary care provider if it is taken by— a a person employed by that provider, b a person acting on behalf of that provider, or c a person to whom that provider has delegated any functions. 5 Action is also to be treated as action taken by a domiciliary care provider if— a that provider provides domiciliary care by means of an arrangement with another person, and b the action is taken by or on behalf of the other person in carrying out the arrangement. Meaning of “palliative care service” and “independent palliative care provider” 64 1 This section applies for the purposes of this Act. 2 “ Palliative care service ” means a service the main purpose of which is to provide palliative care. 3 “ Independent palliative care provider ” means a person who— a provides a palliative care service, and b is not a Welsh health service body. 4 Action is to be treated as action taken by an independent palliative care provider if it is taken by— a a person employed by that provider, b a person acting on behalf of that provider, or c a person to whom that provider has delegated any functions. 5 Action is also to be treated as action taken by an independent palliative care provider if— a that provider provides palliative care by means of an arrangement with another person, and b the action is taken by or on behalf of the other person in carrying out the arrangement. PART 6 INVESTIGATIONS: SUPPLEMENTARY Consultation and co-operation Consultation and co-operation with other ombudsmen 65 1 This section applies if, in making a decision under section 3(5), 4(3)(a), 43(8), 44(4)(a) or in conducting an investigation under Part 3 or 5, the Ombudsman forms the opinion that a matter which is the subject of the complaint or investigation could be the subject of an investigation by an ombudsman mentioned in subsection (7). 2 The Ombudsman must consult that ombudsman about the matter. 3 The Ombudsman may co-operate with that ombudsman in relation to the matter. 4 Consultation under subsection (2), and co-operation under subsection (3), may extend to anything relating to a matter which is the subject of the complaint or investigation, including (among other things)— a the conduct of an investigation into the complaint, and b the form, content and publication of a report of the investigation. 5 If the Ombudsman consults an ombudsman about a matter under subsection (2), the Ombudsman and that ombudsman may— a conduct a joint investigation into the matter, b prepare a joint report in relation to the investigation, and c publish the joint report. 6 Subsection (5) does not apply if the ombudsman consulted under subsection (2) is the Scottish Public Services Ombudsman. 7 The ombudsmen referred to in subsection (1) are— a the Parliamentary Commissioner for Administration; b the Health Service Commissioner for England; c a Local Commissioner; d the Scottish Public Services Ombudsman; e a housing ombudsman appointed in accordance with a scheme approved under section 51 of the Housing Act 1996 (c.52). 8 The Welsh Ministers may by regulations amend subsection (7) by— a adding a person, b omitting a person, or c changing the description of a person. 9 Regulations under subsection (8) may add a person to subsection (7) only if the person appears to the Welsh Ministers to have functions relating to the investigation of complaints. 10 No regulations are to be made under subsection (8) unless a draft of the statutory instrument containing them has been laid before and approved by a resolution of the Assembly. Working jointly with specified persons 66 1 This section applies if it appears to the Ombudsman that— a there is a matter which the Ombudsman is entitled to investigate, and b the matter is one which could also be the subject of an investigation by a person specified in subsection (2) (“specified person”). 2 The following are specified persons— a the Children's Commissioner for Wales; b the Commissioner for Older People in Wales; c the Future Generations Commissioner for Wales; d the Welsh Language Commissioner; e where the matter relates to health or social care, the Welsh Ministers. 3 Subject to subsection (4), where the Ombudsman considers it appropriate, the Ombudsman must— a inform the relevant specified person about the matter, and b consult the specified person in relation to it. 4 Where the Ombudsman investigates the matter under section 4 or 44, the Ombudsman must— a inform the relevant specified person about the matter, and b where the Ombudsman considers it appropriate, consult the specified person in relation to it. 5 Where the Ombudsman consults a specified person under this section, the Ombudsman and the specified person may— a co-operate with each other in relation to the matter, b conduct a joint investigation into the matter, and c prepare and publish a joint report in relation to the investigation. 6 The Welsh Ministers may by regulations amend subsection (2) by— a adding or removing a specified person to or from the list, or b varying a reference to a type or description of specified person for the time being contained in that subsection. 7 No regulations are to be made under subsection (6) unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, the Assembly. Working collaboratively with Commissioners 67 1 This section applies if it appears to the Ombudsman that— a a complaint, or b a matter the Ombudsman is considering investigating under section 4 or 44, relates to or raises a matter which could be the subject of an investigation by the Children's Commissioner for Wales, the Commissioner for Older People in Wales or the Welsh Language Commissioner (the “connected matter”). 2 If the Ombudsman considers it appropriate, the Ombudsman must inform the relevant Commissioner about the connected matter. 3 If the Ombudsman considers that the matter is a matter into which the Ombudsman is entitled to conduct an investigation (the “Ombudsman matter”), the Ombudsman must also, if the Ombudsman considers it appropriate— a inform the relevant Commissioner about the Ombudsman's proposals for conducting an investigation, and b consult the relevant Commissioner about those proposals. 4 If the Ombudsman and the relevant Commissioner consider that they are entitled to investigate, respectively, the Ombudsman matter and the connected matter, they may— a co-operate with each other in the separate investigation of each of those matters, b act together in the investigation of those matters, and c prepare and publish a joint report containing their respective conclusions in relation to the matters they have each investigated. 5 If the Ombudsman considers— a that the matter is not a matter into which the Ombudsman is entitled to conduct an investigation, and b that it is appropriate to do so, the Ombudsman must inform the person who initiated the complaint (if any) about how to secure the referral of the connected matter to the relevant Commissioner. Working with the Auditor General for Wales 68 1 If the Ombudsman considers it appropriate, the Ombudsman must— a inform the Auditor General for Wales about the Ombudsman's proposals for conducting an investigation, and b consult the Auditor General for Wales with regard to the most effective way of conducting an investigation. 2 If the Ombudsman consults the Auditor General for Wales under this section, the Ombudsman and the Auditor General for Wales may— a co-operate with each other in relation to the matter to which the investigation relates, b conduct a joint investigation into the matter, and c prepare and publish a joint report in relation to the investigation. Disclosure Disclosure of information 69 1 The information to which this section applies is— a information obtained by the Ombudsman, a member of the Ombudsman's staff or another person acting on the Ombudsman's behalf or assisting the Ombudsman in the discharge of the Ombudsman's functions— i in deciding whether to begin an investigation, ii in the course of an investigation, iii in resolving a matter under section 6 or 46, or iv in connection with a notification received under section 26 or 57; b information obtained from an ombudsman mentioned in section 65(7) by virtue of any provision of section 65 or a corresponding provision in an enactment relating to any of those ombudsmen; c information obtained from a specified person in section 66(2) by virtue of any provision of section 66 or 67 or a corresponding provision in an enactment relating to any of those specified persons; d information obtained from the Auditor General for Wales by virtue of section 68 of this Act or section 29A of the Public Audit (Wales) Act 2013 (anaw 3); e information obtained from the Information Commissioner by virtue of section 76 of the Freedom of Information Act 2000 (c.36) (disclosure between Information Commissioner and ombudsmen). 2 The information must not be disclosed except— a for the purposes of deciding whether to begin an investigation; b for the purposes of an investigation; c for the purpose of any function of the Auditor General for Wales; d for the purposes of resolving a complaint under section 6 or 46; e for the purposes of a statement or report made in relation to a complaint or investigation; f for the purposes of any provision of section 65, 66, 67 or 68; g for the purposes of proceedings for— i an offence under the Official Secrets Acts 1911 (c.28) to 1989 (c.6) , or under sections 1 to 4 or 18 of the National Security Act 2023 (c. 32) alleged to have been committed by the Ombudsman, a member of the Ombudsman's staff or other person acting on the Ombudsman's behalf or assisting the Ombudsman in the discharge of any of the Ombudsman's functions; ii an offence of perjury alleged to have been committed in the course of an investigation; h for the purposes of an inquiry with a view to the taking of proceedings mentioned in paragraph (g); i for the purpose of proceedings under section 20 or 54; j in the case of information to the effect that a person is likely to constitute a threat to the health or safety of one or more persons, to any person to whom the Ombudsman thinks it should be disclosed in the public interest; k in the case of information to which subsection (3) applies, to the Information Commissioner; l for the purposes of the Ombudsman's functions under Chapters 3 and 4 of Part 3 of the Local Government Act 2000 (c.22). 3 This subsection applies to information if it appears to the Ombudsman to relate to— a a matter in respect of which the Information Commissioner could exercise a power conferred by an enactment mentioned in subsection (4), or b the commission of an offence mentioned in subsection (6). 4 The enactments are— a sections 142 to 154, 160 to 164 or 174 to 176 of, or Schedule 15 to, the Data Protection Act 2018 (c.12) (certain provisions relating to enforcement); b section 48 of the Freedom of Information Act 2000 (c.36) (practice recommendations); c Part 4 of that Act. 5 Subsection (4)(a) has effect as if the matters to which it refers include a matter in respect of which the Information Commissioner could exercise a power conferred by a provision of Part 5 of the Data Protection Act 1998 (c.29), as it has effect by virtue of Schedule 20 to the Data Protection Act 2018 (c.12). 6 The offences are those under— a a provision of the Data Protection Act 2018 (c.12) other than paragraph 15 of Schedule 15 to that Act (obstruction of execution of warrant etc); b section 77 of the Freedom of Information Act 2000 (c.36) (offence of altering etc records with intent to prevent disclosure). 7 No person may be called upon to give evidence in any proceedings (other than proceedings mentioned in subsection (2)) of information obtained by that person as mentioned in subsection (1)(a) or (b). Disclosure prejudicial to safety of State or contrary to public interest 70 1 A Minister of the Crown may give notice to the Ombudsman with respect to— a any document or information specified in the notice, or b any class of document or information so specified, that, in the opinion of the Minister, the disclosure of that document or information, or of documents or information of that class, would be prejudicial to the safety of the State or otherwise contrary to the public interest. 2 If a notice is given under subsection (1), nothing in this Act is to be construed as authorising or requiring the Ombudsman, a member of the Ombudsman's staff or another person acting on the Ombudsman's behalf or assisting the Ombudsman in the discharge of the Ombudsman's functions to disclose to any person or for any purpose any document or information, or class of document or information, specified in the notice. Protection from defamation claims 71 1 For the purposes of the law of defamation, the following are absolutely privileged— a the publication of a matter, in the discharge of any of the Ombudsman's functions under this Act, by the Ombudsman, a member of the Ombudsman's staff or another person acting on the Ombudsman's behalf or assisting the Ombudsman in the discharge of any of the Ombudsman' functions; b the publication of a matter by a person in the discharge of functions under— i section 24; ii section 24 as modified by section 25; iii sections 24 and 25 as they apply to special reports (see section 29(6)); c the publication of a matter in connection with a complaint or an investigation, in communications between— i a listed authority, a member or co-opted member of a listed authority, an officer or member of the staff of a listed authority or another person acting on behalf of a listed authority or assisting it in the discharge of any of its functions, and ii the Ombudsman, a member of the Ombudsman's staff or another person acting on the Ombudsman's behalf or assisting the Ombudsman in the discharge of any of the Ombudsman's functions; d the publication of a matter in connection with a complaint or an investigation, in communications between— i a care home provider, domiciliary care provider or independent palliative care provider, an officer or member of staff of such a provider or another person acting on behalf of such a provider or assisting it in the discharge of any of its functions, and ii the Ombudsman, a member of the Ombudsman's staff or another person acting on the Ombudsman's behalf or assisting the Ombudsman in the discharge of any of the Ombudsman's functions; e the publication of a matter in connection with a complaint or an investigation, in communications between a person and an Assembly member; f the publication of a matter in connection with a complaint made or referred (or to be made or referred) by or on behalf of a person to the Ombudsman under this Act, in communications between— i the person, and ii the Ombudsman, a member of the Ombudsman's staff or another person acting on the Ombudsman's behalf or assisting the Ombudsman in the discharge of any of the Ombudsman's functions. 2 For the purposes of subsection (1)(d)(i) a person is an officer of a provider if the person has control or management of a provider which is not an individual or the affairs of such a provider. 3 In this section, reference to matters in connection with an investigation include matters in connection with the Ombudsman's decision whether to investigate or not. PART 7 MISCELLANEOUS AND GENERAL Welsh language standards Authorisation to give compliance notice to the Ombudsman in relation to Welsh language standards 72 1 In Schedule 6 to the Welsh Language Standards (No. 2) Regulations 2016 (S.I 2016/182 (W.76)) (“ the 2016 Regulations ”), insert in the appropriate place— The Public Services Ombudsman for Wales (“ Ombwdsmon Gwasanaethau Cyhoeddus Cymru ”) . 2 The amendment made by this section does not affect the power to make further regulations amending or revoking the 2016 Regulations. Review of Act Review of Act 73 1 The Assembly must, as soon as practicable after the end of the 5 year period, prepare and publish a report on the operation and effect of this Act during the 5 year period. 2 The Assembly may prepare and publish a report on the operation and effect of this Act at any time. 3 In preparing a report under this section, the Assembly must consult such persons as it considers appropriate. 4 In this section, “ the 5 year period ” means the period of 5 years beginning with the day this Act receives Royal Assent. Application of the 2005 Act to certain investigations Investigations commenced before sections 3, 4, 43 and 44 come into force 74 1 Subsection (2) applies if the Ombudsman has commenced an investigation into a matter before the date on which sections 3, 4, 43 and 44 come into force and the investigation has not been determined by the Ombudsman or the matter has not been resolved by that date. 2 On and after that date, the Public Services Ombudsman (Wales) Act 2005 (c.10) continues to apply for the purposes of the investigation despite the other provisions of this Act. General Repeals, savings and consequential amendments 75 1 The Public Services Ombudsman (Wales) Act 2005 (c.10) is repealed. 2 But— a see section 74 of this Act (investigations commenced before sections 3, 4, 43 and 44 of this Act come into force); b subsection (1) does not apply to— i paragraphs 9(4) and 11(4) of Schedule 1 to the 2005 Act (which amend the Superannuation Act 1972 (c.11)) and section 1 of the 2005 Act (to the extent that it gives effect to paragraphs 9(4) and 11(4) of the 2005 Act); ii Schedule 4 to the 2005 Act (which amends the Local Government Act 2000 (c.22)) and section 35 of the 2005 Act (which gives effect to Schedule 4 to the 2005 Act); iii Schedule 6 to the 2005 Act (consequential amendments) and section 39(1) of the 2005 Act (which gives effect to Schedule 6 to the 2005 Act); iv the extent that it would revoke any subordinate legislation (within the meaning of section 21(1) of the Interpretation Act 1978 (c.30)) made under the 2005 Act. 3 Schedule 5 (which makes consequential amendments of primary legislation in consequence of this Act) has effect. Functions of the Assembly 76 1 The Assembly may by standing orders make provision regarding the exercise of the functions conferred upon it by or under this Act. 2 Such provision includes, but is not limited to, delegating functions to a committee or sub-committee of the Assembly or the chair of such a committee or sub-committee. 3 But the Assembly may not delegate functions conferred upon it by or under this Act other than the functions conferred by— a sections 73(1), (2) and (3), and b paragraphs 5 and 8(1) of Schedule 1. Commencement 77 1 The preceding provisions of this Act, and the Schedules to this Act, come into force in accordance with provision made by the Welsh Ministers by regulations. 2 This section and sections 78 to 82 come into force on the day this Act receives Royal Assent. 3 Regulations under subsection (1) may— a appoint different days for different purposes; b make transitional, transitory or saving provision in connection with the coming into force of a provision of this Act. Interpretation 78 1 In this Act— “ act ” (“ gweithredu ”) and “ action ” (“ camau gweithredu ”) include a failure to act (and related expressions must be construed accordingly); “ annual report ” (“ adroddiad blynyddol ”) has the meaning given in paragraph 15 of Schedule 1; “ the Assembly ” (“ y Cynulliad ”) means the National Assembly for Wales; “ care home ” (“ cartref gofal ”) has the meaning given by section 62(2); “ care home provider ” (“ darparwr gofal cartref ”)has the meaning given by section 62(3); “ co-opted member ” (“ aelod cyfetholedig ”), in relation to an authority, means a person who is not a member of the authority but who— is a member of a committee or sub-committee of the authority, or is a member of, and represents the authority on, a joint committee on which the authority is represented or a sub-committee of such a committee, and who is entitled to vote on any question which falls to be decided at a meeting of the committee or sub-committee; “ domiciliary care ” (“ gofal cartref ”) has the meaning given by section 63(2); “ domiciliary care provider ” (“ darparwr gofal cartref ”) has the meaning given by section 63(3); “ enactment ” (“ deddfiad ”) means an enactment (whenever enacted or made) which is, or contained in— an Act or a Measure of the Assembly, an Act of Parliament, or subordinate legislation (within the meaning of section 21(1) of the Interpretation Act 1978 (c.30)) made under— an Act or a Measure of the Assembly, or an Act of Parliament. “ extraordinary report ” (“ adroddiad eithriadol ”) has the meaning given in paragraph 15 of Schedule 1; “ family health service provider in Wales ” (“ darparwr gwasanaeth iechyd teulu yng Nghymru ”) means— a person who, at the time of action which is the subject of investigation under Part 3 of this Act, provided services under a contract entered into by that person with a Local Health Board under section 42 or section 57 of the National Health Service (Wales) Act 2006 (c.42); a person who, at that time, had undertaken to provide in Wales general ophthalmic services , or both general ophthalmic services and other ophthalmic services in accordance with arrangements made with a Local Health Board, or pharmaceutical services under that Act; an individual who, at that time, provided in Wales primary medical services or primary dental services in accordance with arrangements made under section 50 or 64 of that Act (except as an employee of, or otherwise on behalf of, a Welsh health service body or an independent provider in Wales); “ family health services ” (“ gwasanaethau iechyd teulu ”) means services mentioned in any of paragraphs (a) to (c) of the definition of “family health service provider in Wales”; “ financial year ” (“ blwyddyn ariannol ”) means the 12 months ending on 31 March; “ in writing ” (“ yn ysgrifenedig ”) includes in electronic form; “ independent palliative care provider ” (“ darparwr gofal lliniarol annibynnol ”) has the meaning given by section 64(3); “ independent provider in Wales ” (“ darparwr annibynnol yng Nghymru ”) means a person who, at the time of action which is the subject of an investigation under Part 3 of this Act— provided services of any kind in Wales under arrangements with a Welsh health service body or a family health service provider in Wales, and was not a Welsh health service body or a family health service provider in Wales; “ investigation ” (“ ymchwiliad ”)— in relation to the Ombudsman, means an investigation under section 3, 4, 43 or 44 (and cognate expressions must be construed accordingly); in relation to other persons, includes an examination, inquiry or review (and cognate expressions must be construed accordingly); “ listed authority ” (“ awdurdod rhestredig ”) has the meaning given in section 31; “ local authority in Wales ” (“ awdurdod lleol yng Nghymru ”) means a county council, county borough council or community council in Wales; “ Local Commissioner ” (“ Comisiynydd Lleol ”) has the meaning given in section 23(3) of the Local Government Act 1974 (c.7); “ NHS trust ” (“ Ymddiriedolaeth y GIG ”) has the same meaning as in the National Health Service (Wales) Act 2006 (c.42); “ the Ombudsman ” (“ yr Ombwdsmon ”) has the meaning given in section 2; “ palliative care service ” (“ gwasanaeth gofal lliniarol ”) has the meaning given by section 64(2); “ the person aggrieved ” (“ y person a dramgwyddwyd ”) in Part 3 has the meaning given in section 7(1)(a) and in Part 5 has the meaning given in section 47(1)(a); “ publicly-funded dwelling ” (“ annedd a ariennir yn gyhoeddus ”) means— a dwelling which was provided by means of a grant under— section 18 of the Housing Act 1996 (c.52) (social housing grant), or section 50 of the Housing Act 1988 (c.50), section 41 of the Housing Associations Act 1985 (c.69), or section 29 or 29A of the Housing Act 1974 (c.44) (housing association grant); a dwelling which was acquired on a disposal by a public sector landlord (within the meaning of Part 1 of the Housing Act 1996 (c.52)); “ relevant tribunal ” (“ tribiwnlys perthnasol ”) means a tribunal (including a tribunal consisting of only one person) specified by regulations made by the Welsh Ministers; “ social landlord in Wales ” (“ landlord cymdeithasol yng Nghymru ”) means— a body which was at the time of action which is the subject of a complaint under this Act registered as a social landlord in the register maintained by the Welsh Ministers under section 1 of the Housing Act 1996 (c.52) (or in the register previously maintained under that section by the Assembly constituted by the Government of Wales Act 1998 (c.38), the Secretary of State or Housing for Wales); any other body which at the time of action which is the subject of a complaint under this Act was registered with Housing for Wales, the Secretary of State, the Assembly constituted by the Government of Wales Act 1998 (c.38) or the Welsh Ministers and owned or managed publicly-funded dwellings; “ special report ” (“ adroddiad arbennig ”) in Part 3 has the meaning given in section 28 and in Part 5 has the meaning given in section 60; “ Wales ” (“ Cymru ”) has the meaning given in section 158(1) of the Government of Wales Act 2006 (c.32); “ Welsh health service body ” (“ corff gwasanaeth iechyd yng Nghymru ”) means— the Welsh Ministers; a Local Health Board; an NHS trust managing a hospital or other establishment or facility in Wales; a Special Health Authority not discharging functions only or mainly in England. 2 For the purposes of the definition of “independent provider in Wales”, arrangements with the Welsh Ministers are arrangements with a Welsh health service body only to the extent that they are made in the discharge of a function of the Welsh Ministers relating to the National Health Service. 3 The Welsh Ministers may by regulations amend the definitions of “family health service provider in Wales”, “independent provider in Wales” and “social landlord in Wales”. 4 Before making regulations under subsection (1) or (3), the Welsh Ministers must consult such persons as they think appropriate. 5 No regulations are to be made under subsection (1) or (3) unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, the Assembly. 6 Section 13 of the National Audit Act 1983 (c.44) (interpretation of references to the Committee of Public Accounts) applies for the purposes of this Act as it applies for the purposes of that Act. 7 For the purposes of this Act, references to action taken by a listed authority include action taken by— a a member, co-opted member, committee or sub-committee of the authority acting in the discharge of functions of the authority; b an officer or member of staff of the authority, whether acting in the discharge of their own functions or the functions of the authority; c any other person acting on behalf of the authority. Former health care providers, social landlords, social care providers and palliative care providers: modifications 79 1 The Welsh Ministers may by regulations provide for this Act to apply with the modifications specified in the regulations to persons who are— a former family health service providers in Wales; b former independent providers in Wales; c former social landlords in Wales; d former care home providers in Wales; e former domiciliary care providers in Wales; f former independent palliative care providers in Wales. 2 “ Former family health service provider in Wales ” means a person who— a at the relevant time, provided family health services of a particular description, and b subsequently ceased to provide services of that description (whether or not the person has later started to provide them again). 3 “ Former independent provider in Wales ” means a person who— a at the relevant time, provided services of a particular description in Wales under arrangements with a Welsh health service body or a family health service provider in Wales, b was not a Welsh health service body or a family health service provider in Wales at that time, and c subsequently ceased to provide services of that description (whether or not the person has later started to provide them again). 4 “ Former social landlord in Wales ” means a person who— a at the relevant time— i was registered as a social landlord in the register maintained by the Welsh Ministers under section 1 of the Housing Act 1996 (c.52) (or in the register previously maintained under that section by the Assembly constituted by the Government of Wales Act 1998 (c.38), the Secretary of State or Housing for Wales), or ii was registered with Housing for Wales, the Secretary of State, the Assembly constituted by the Government of Wales Act 1998 (c.38) or the Welsh Ministers and owned or managed publicly-funded dwellings, and b subsequently— i ceased to be registered as mentioned in paragraph (a)(i) or (ii) (whether or not the person later became so registered again), or ii ceased to own or manage publicly-funded dwellings (whether or not the person later did so again). 5 “ Former care home provider in Wales ” means a person who— a at the relevant time, provided accommodation, nursing or care of a particular description at a care home in Wales (see section 62), and b subsequently ceased to do so (whether or not the person has later started to do so again). 6 “ Former domiciliary care provider in Wales ” means a person who— a at the relevant time, provided domiciliary care services of a particular description in Wales, and b subsequently ceased to do so (whether or not the person has later started to provide those services again). 7 “ Former independent palliative care provider in Wales ” means a person who— a at the relevant time, provided a palliative care service of a particular description in Wales, and b subsequently ceased to do so (whether or not the person has later started to do so again). 8 “The relevant time” is the time of action which is the subject of a complaint under this Act. 9 No regulations are to be made under this section unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, the Assembly. Consequential, transitional provisions etc 80 1 The Welsh Ministers may by regulations make— a such consequential, incidental or supplemental provision, and b such transitory, transitional or saving provision, as they think necessary or expedient for the purposes of, in consequence of, or for giving full effect to, any provision of this Act. 2 Regulations under subsection (1) may amend, revoke or repeal any enactment (including any enactment contained in or made under this Act). 3 No regulations are to be made under subsection (1) unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, the Assembly. Regulations and directions 81 1 A power of the Welsh Ministers to make regulations under this Act is exercisable by statutory instrument. 2 Regulations made by the Welsh Ministers under this Act may— a make different provision for different purposes; b make consequential, incidental, supplemental, transitory, transitional or saving provision. 3 A direction given under this Act— a may be amended or revoked by the person who gave it; b may make different provision for different purposes. Short title 82 This Act may be cited as the Public Services Ombudsman (Wales) Act 2019. SCHEDULE 1 PUBLIC SERVICES OMBUDSMAN FOR WALES: APPOINTMENT ETC (introduced by section 2) Appointment 1 The Ombudsman is to be appointed by Her Majesty on the nomination of the Assembly. Status 2 1 The Ombudsman is a corporation sole. 2 The Ombudsman holds office under Her Majesty and discharges functions on behalf of the Crown. 3 The Ombudsman is a Crown servant for the purposes of the Official Secrets Act 1989 (c.6). 4 But service as the Ombudsman is not service in the civil service of the Crown. Term of office 3 1 A person's term of office as the Ombudsman is seven years (subject to sub-paragraphs (3) and (4) and paragraph 6). 2 A person appointed as the Ombudsman is not eligible for re-appointment. 3 Her Majesty may relieve a person of office as the Ombudsman— a at the Ombudsman's request, or b on Her Majesty being satisfied that the person is incapable for medical reasons of performing the duties of the office. 4 Her Majesty may remove a person from office as the Ombudsman on the making of a recommendation, on the ground of the person's misbehaviour, that Her Majesty should do so. 5 A recommendation for the removal of a person from office as the Ombudsman may not be made unless— a the Assembly has resolved that the recommendation should be made, and b the resolution of the Assembly is passed on a vote in which the number of Assembly members voting in favour of it is not less than two-thirds of the total number of Assembly seats. Acting Public Services Ombudsman for Wales 4 1 If the office of the Ombudsman becomes vacant, Her Majesty may, on the nomination of the Assembly, appoint a person to act as the Ombudsman. 2 A person appointed to act as the Ombudsman (“an acting Ombudsman”) may have held office as the Ombudsman. 3 A person appointed as an acting Ombudsman is eligible for appointment as the Ombudsman (unless the person has already held office as the Ombudsman). 4 The power to appoint a person as an acting Ombudsman is not exercisable after the end of the period of two years starting with the date on which the vacancy arose. 5 An acting Ombudsman holds office in accordance with the terms of the acting Ombudsman's appointment, subject to sub-paragraph (6) (and paragraph 2, as applied by sub-paragraph (7)). 6 An acting Ombudsman must not hold office after— a the appointment of a person as the Ombudsman, or b if sooner, the end of the period of two years starting with the date on which the vacancy arose. 7 While an acting Ombudsman holds office, the acting Ombudsman is to be regarded (except for the purposes of paragraphs 1, 3, 6 to 10 and this paragraph) as the Ombudsman. Further provision: appointment 5 The Assembly must determine the terms that apply to an appointment made under paragraph 1 or paragraph 4(1). Disqualification 6 1 A person is disqualified from being the Ombudsman or an acting Ombudsman if any of the following applies— a the person is a member of the House of Commons; b the person is a listed authority; c the person is a member, co-opted member, officer or member of staff of a listed authority; d the person is disqualified from being a member of the Assembly (other than by virtue of holding office as the Ombudsman or an acting Ombudsman ); e the person is disqualified from being a member of a local authority in Wales (other than by virtue of paragraph 7 of this Schedule); f the person is a care home provider, domiciliary care provider or independent palliative care provider; g the person is an officer or member of staff of a provider of that kind. 2 For the purposes of sub-paragraph (1)(g) a person is an officer of a provider if the person has control or management of a provider which is not an individual or the affairs of such a provider. 3 The appointment of a person as the Ombudsman or an acting Ombudsman is not valid if the person is disqualified under sub-paragraph (1). 4 If a person who has been appointed as the Ombudsman or an acting Ombudsman becomes disqualified under sub-paragraph (1), the person ceases to hold office on becoming so disqualified. 5 But the validity of anything done by a person appointed as the Ombudsman or an acting Ombudsman is not affected by the fact that the person is or becomes disqualified under sub-paragraph (1). 7 1 A person who holds office as the Ombudsman or an acting Ombudsman is disqualified from— a being a listed authority; b being a member, co-opted member, officer or member of staff of a listed authority; c holding a paid office to which appointment is by a listed authority. 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 1 A person who has ceased to hold office as the Ombudsman or as an acting Ombudsman is disqualified for the relevant period from— a holding an office which is a listed authority; b being a member, co-opted member, officer or member of staff of a listed authority; c holding a paid office to which appointment is by a listed authority; unless the Assembly approves otherwise. 2 The relevant period— a starts when the person ceases to hold office as the Ombudsman or, as the case may be, an acting Ombudsman, and b ends on the expiry of the financial year following the financial year in which the Ombudsman or, as the case may be, the acting Ombudsman, ceased to hold such office. 3 But sub-paragraph (1) does not disqualify a person from— a being a member of the Assembly or the National Assembly for Wales Commission; b holding the office of presiding officer or deputy presiding officer of the Assembly or of First Minister for Wales, Welsh Minister appointed under section 48 of the Government of Wales Act 2006 (c.32), Counsel General to the Welsh Government or Deputy Welsh Minister; c being a member or co-opted member of a local authority in Wales; d holding the office of chairman, vice-chairman or elected mayor of a local authority in Wales. 9 The references in paragraphs 7 and 8 to a paid office include an office the holder of which is entitled only to the reimbursement of expenses. Remuneration etc 10 1 The Assembly must— a pay a person who is the Ombudsman or an acting Ombudsman such salary and allowances, and b make such payments towards the provision of superannuation benefits for or in respect of the Ombudsman or an acting Ombudsman, as may be provided for by or under the terms of appointment of the Ombudsman or the acting Ombudsman. 2 The Assembly must pay to or in respect of a person who has ceased to hold office as the Ombudsman or an acting Ombudsman— a such amounts by way of pensions and gratuities, and b such amounts by way of provision for those benefits, as may have been provided for by or under the terms of appointment of the Ombudsman or the acting Ombudsman. 3 If a person ceases to be the Ombudsman or an acting Ombudsman and it appears to the Assembly that there are special circumstances which make it right that the person should receive compensation, the Assembly may pay to that person a sum of such amount as it thinks appropriate. 4 The Assembly must pay to the Minister for the Civil Service, at such times as the Minister may direct, such sums as the Minister may determine in respect of any increase attributable to paragraph 9(4) of Schedule 1 to the 2005 Act in the sums payable out of money provided by Parliament under the Superannuation Act 1972 (c.11). 5 Sums required for the making of payments under sub-paragraphs (1), (2) and (4) are to be charged on the Welsh Consolidated Fund. Special financial provisions 11 1 Any sums payable by the Ombudsman in consequence of a breach, in the performance of any of the Ombudsman's functions, of any contractual or other duty are to be charged on the Welsh Consolidated Fund. 2 And sub-paragraph (1) applies whether the breach occurs by reason of an act or omission of— a the Ombudsman, b a member of the Ombudsman's staff, or c any other person acting on the Ombudsman's behalf or assisting the Ombudsman in the exercise of functions. 3 The Ombudsman may retain income derived from fees charged by virtue of sections 17(6), 23(6), 27(8), 29(2), 51(6), 55(7), 58(8) and 60(7) (rather than pay it into the Welsh Consolidated Fund) for use in connection with the exercise of the functions conferred or imposed by this Act. 4 The Ombudsman may retain costs paid to the Ombudsman under a costs recovery notice (see sections 21 and 22) (rather than pay them in to the Welsh Consolidated Fund) for use in connection with the exercise of the functions conferred or imposed by this Act. Staff 12 1 The Ombudsman may appoint such staff as is necessary for assisting in the discharge of the Ombudsman's functions, on such terms and conditions as the Ombudsman may determine. 2 No member of staff of the Ombudsman is to be regarded as holding office under Her Majesty or as discharging any functions on behalf of the Crown. 3 But each member of the Ombudsman's staff is to be treated as being a Crown servant for the purposes of the Official Secrets Act 1989 (c.6). 4 The Ombudsman must pay to the Minister for the Civil Service, at such times as the Minister may direct, such sum as the Minister may determine in respect of any increase attributable to paragraph 11(4) of Schedule 1 to the 2005 Act in the sums payable out of money provided by Parliament under the Superannuation Act 1972 (c.11). Advisers 13 1 The Ombudsman may obtain advice from any person who, in the Ombudsman's opinion, is qualified to give it, to assist the Ombudsman in the discharge of the Ombudsman's functions. 2 The Ombudsman may pay to any person from whom the Ombudsman obtains advice under sub-paragraph (1) such fees or allowances as the Ombudsman may determine. Delegation 14 1 Any function of the Ombudsman may be discharged on the Ombudsman's behalf— a by any person authorised by the Ombudsman to do so, and b to the extent so authorised. 2 Sub-paragraph (1) does not affect the responsibility of the Ombudsman for the discharge of any such function. 3 A person authorised by the Ombudsman under sub-paragraph (1) is to be treated as being a Crown servant for the purposes of the Official Secrets Act 1989 (c.6). 4 No arrangements may be made between the Ombudsman, on the one hand, and the Welsh Ministers (or the First Minister for Wales or the Counsel General to the Welsh Government), on the other, for— a any functions of one of them to be exercised by the other, b any functions of the Welsh Ministers (or the First Minister for Wales or the Counsel General to the Welsh Government) to be exercised by members of staff of the Ombudsman, c any functions of the Ombudsman to be exercised by members of the staff of the Welsh Government, or d the provision of administrative, professional or technical services by one of them for the other. 5 Sub-paragraph (4) applies despite any provision that would otherwise permit such arrangements to be made. Annual and extraordinary reports 15 1 The Ombudsman— a must annually prepare a general report on the discharge of the Ombudsman's functions (an “annual report”); b may prepare any other report with respect to the Ombudsman's functions that the Ombudsman thinks appropriate (an “extraordinary report”). 2 A report prepared under this paragraph may include any general recommendations which the Ombudsman may have arising from the discharge of the Ombudsman's functions. 3 The Ombudsman must lay a copy of each report prepared under this paragraph before the Assembly and at the same time send a copy to the Welsh Government and (if the report is an extraordinary report) must send a copy of it to any listed authorities (other than the Welsh Government) the Ombudsman thinks appropriate. 4 The Ombudsman may also send a copy of any report prepared under this paragraph to any other persons the Ombudsman thinks appropriate. 5 The Ombudsman must, and the Assembly may, publish any report laid before the Assembly under this paragraph. 6 The Ombudsman must comply with any directions given by the Assembly with respect to an annual report. 7 If a report prepared under this paragraph— a mentions the name of any person other than a listed authority, care home provider, domiciliary care provider or independent palliative care provider in respect of which— i a complaint has been made or referred to the Ombudsman under this Act, or ii the Ombudsman has begun to investigate under section 4 or 44, or b includes any particulars which, in the opinion of the Ombudsman, are likely to identify any such person and which, in the Ombudsman's opinion, can be omitted without impairing the effectiveness of the report, that information must not be included in a version of the report laid before the Assembly under sub-paragraph (3), sent to a person under sub-paragraph (3) or (4) or published by the Ombudsman under sub-paragraph (5), subject to sub-paragraph (8). 8 Sub-paragraph (7) does not apply in relation to a version of the report if, after taking account of the interests of any persons the Ombudsman thinks appropriate, the Ombudsman considers it to be in the public interest to include that information in that version of the report. Estimates 16 1 For each financial year, the Ombudsman must prepare an estimate of the income and expenses of the Ombudsman's office. 2 The Ombudsman must submit the estimate at least five months before the beginning of the financial year to which it relates to the committee or committees of the Assembly specified in the standing orders of the Assembly. 3 The committee or committees must examine an estimate submitted in accordance with sub-paragraph (2) and must then lay the estimate before the Assembly with any modifications thought appropriate. 4 Before laying before the Assembly with modifications an estimate submitted in accordance with sub-paragraph (2), the committee or committees must— a consult the Ombudsman, and b take into account any representations which the Ombudsman may make. 5 The first financial year is the financial year during which the first person to be appointed as the Ombudsman is appointed. Accounts 17 1 The Ombudsman must— a keep proper accounting records, and b for each financial year, prepare accounts in accordance with directions given to the Ombudsman by the Treasury. 2 The directions which the Treasury may give under sub-paragraph (1)(b) include directions to prepare accounts relating to financial affairs and transactions of persons other than the Ombudsman. 3 The directions which the Treasury may give under sub-paragraph (1)(b) include, in particular, directions as to— a the information to be contained in the accounts and the manner in which it is to be presented; b the methods and principles in accordance with which the accounts are to be prepared; c the additional information (if any) that is to accompany the accounts. Audit 18 1 The accounts prepared by the Ombudsman for a financial year must be submitted by the Ombudsman to the Auditor General for Wales no later than 30 November in the following financial year. 2 The Auditor General for Wales must— a examine, certify and report on each set of accounts submitted to the Auditor General for Wales under this paragraph, and b subject to sub-paragraph (3), no later than four months after the accounts are so submitted, lay before the Assembly a copy of them as certified by the Auditor General for Wales together with the Auditor General for Wales's report on them (“a copy of the certified accounts and report”). 3 The Auditor General for Wales may lay a copy of the certified accounts and report before the Assembly after the four-month deadline mentioned in sub-paragraph (2)(b) where it is not reasonably practicable for the Auditor General for Wales to meet that deadline. 4 Where sub-paragraph (3) applies, the Auditor General for Wales must— a before the four-month deadline mentioned in sub-paragraph (2)(b), lay before the Assembly a statement explaining why it is not reasonably practicable for the Auditor General for Wales to lay a copy of the certified accounts and report before the Assembly before that deadline, and b lay a copy of the certified accounts and report before the Assembly as soon as reasonably practicable after that deadline. 5 In examining accounts submitted to the Auditor General for Wales under this paragraph the Auditor General for Wales must, in particular, be satisfied that— a the expenditure to which the accounts relate has been incurred lawfully and in accordance with the authority which governs it, and b the Ombudsman has made appropriate arrangements for the economic, efficient and effective use of the Ombudsman's resources. Accounting officer 19 1 The Ombudsman is the accounting officer for the office of the Ombudsman. 2 If the Ombudsman is incapable of discharging the Ombudsman's responsibilities as accounting officer, the Audit Committee may designate a member of the Ombudsman's staff to be the accounting officer for as long as the Ombudsman is so incapable. 3 If the office of the Ombudsman is vacant and there is no acting Ombudsman, the Audit Committee may designate a member of the Ombudsman's staff to be the accounting officer for as long as the office of the Ombudsman is vacant and there is no acting Ombudsman. 4 The accounting officer has, in relation to the accounts and the finances of the Ombudsman, the responsibilities which are from time to time specified by the Audit Committee. 5 In this paragraph references to responsibilities include in particular— a responsibilities in relation to the signing of accounts, b responsibilities for the propriety and regularity of the finances of the Ombudsman, and c responsibilities for the economy, efficiency and effectiveness with which the resources of the Ombudsman are used. 6 The responsibilities which may be specified under this paragraph include responsibilities owed to— a the Assembly, the Welsh Ministers or the Audit Committee, or b the House of Commons or its Committee of Public Accounts. 7 If requested to do so by the House of Commons Committee of Public Accounts, the Audit Committee may— a on behalf of the Committee of Public Accounts take evidence from the accounting officer, and b report to the Committee of Public Accounts and transmit to that Committee any evidence so taken. Examinations into the use of resources 20 1 The Auditor General for Wales may carry out examinations into the economy, efficiency and effectiveness with which the Ombudsman has used the Ombudsman's resources in discharging the Ombudsman's functions. 2 Sub-paragraph (1) is not to be construed as entitling the Auditor General for Wales to question the merits of the policy objectives of the Ombudsman. 3 In determining how to discharge the Auditor General for Wales's functions under this paragraph, the Auditor General for Wales must take into account the views of the Audit Committee as to the examinations which the Auditor General for Wales should carry out. 4 The Auditor General for Wales may lay before the Assembly a report of the results of any examination carried out by the Auditor General for Wales under this paragraph. Supplementary powers 21 The Ombudsman may do anything (including acquire or dispose of any property or rights) which is calculated to facilitate, or is conducive or incidental to, the discharge of any of the Ombudsman's functions. Previous Ombudsman to continue to be Ombudsman 22 1 This paragraph applies to the person who is the Ombudsman immediately before the appointed day. 2 On and after the appointed day the person— a continues to be the Ombudsman and is treated as having been appointed to that office under this Act; b holds the office for seven years less a period equal to that during which the person was the Ombudsman before the appointed day. 3 In this paragraph “ the appointed day ” means the day on which this paragraph comes into force. SCHEDULE 2 EXCLUDED MATTERS: PART 3 (introduced by section 14) 1 Action taken by or with the authority of the Welsh Ministers, the First Minister for Wales, the Counsel General to the Welsh Government or a police and crime commissioner for a police area in Wales for the purpose of— a the investigation or prevention of crime, or b the protection of the security of the State. 2 The commencement or conduct of proceedings before a court of competent jurisdiction. 3 Action taken by a member of the administrative staff of a relevant tribunal so far as taken at the direction, or on the authority (whether express or implied), of a person acting in the capacity of a member of the tribunal. 4 Action taken in respect of appointments, removals, pay, discipline, superannuation or other personnel matters (apart from procedures for recruitment and appointment) in relation to— a service in an office or employment under the Crown or under a listed authority; b service in an office or employment, or under a contract for services, in respect of which power to take action in personnel matters, or to determine or approve action to be taken in personnel matters, is vested in Her Majesty or a listed authority. 5 Action relating to the determination of the amount of rent. 6 1 Action taken by an authority specified in sub-paragraph (2) and relating to— a the giving of instruction, or b conduct, curriculum, internal organisation, management or discipline, in a school or other educational establishment maintained by a local authority in Wales. 2 The authorities are— a a local authority in Wales; b an admission appeal panel; c the governing body of a community, foundation or voluntary school; d an exclusion appeal panel. 7 Action taken by a Local Health Board in the discharge of its functions under— a the National Health Service (Service Committees and Tribunal) Regulations 1992 (S.I.1992/664) or any instrument replacing those regulations; b regulations made under section 38, 39, 41 or 42 of the National Health Service Act 1977 (c.49) by virtue of section 17 of the Health and Medicines Act 1988 (c.49) (investigations of matters relating to services). SCHEDULE 3 LISTED AUTHORITIES (introduced by section 31) Government of Wales The Welsh Government. The National Assembly for Wales Commission. Local government, fire and police A local authority in Wales. A joint board the constituent authorities of which are all local authorities in Wales. A fire and rescue authority in Wales constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 (c.21) or a scheme to which section 4 of that Act applies. A police and crime commissioner for a police area in Wales. ... A corporate joint committee established by regulations made under Part 5 of the Local Government and Elections (Wales) Act 2021. Environment The Committee on Climate Change. A National Park authority for a National Park in Wales. The Natural Resources Body for Wales. The Environment Agency. The Forestry Commissioners. The Flood and Coastal Erosion Committee. Health and social care Social Care Wales. ... A Local Health Board. An NHS trust managing a hospital or other establishment or facility in Wales. A Special Health Authority not discharging functions only or mainly in England. ... An independent provider in Wales. A family health service provider in Wales. A person with functions conferred by regulations made under section 113(2) of the Health and Social Care (Community Health and Standards) Act 2003 (c.43). The Welsh Health Specialised Services Committee. The Citizen Voice Body for Health and Social Care, Wales. Housing A social landlord in Wales. Education and training The Office of Her Majesty's Chief Inspector of Education and Training in Wales or Prif Arolygydd Ei Mawrhydi dros Addysg a Hyfforddiant yng Nghymru. The Commission for Tertiary Education and Research . An admission appeal panel constituted in accordance with regulations under section 94(5) or 95(3) of the School Standards and Framework Act 1998 (c.31). The governing body of any community, foundation or voluntary school so far as acting in connection with the admission of pupils to the school or otherwise discharging any of their functions under Chapter 1 of Part 3 of the School Standards and Framework Act 1998 (c.31). An exclusion appeal panel constituted in accordance with regulations under section 52 of the Education Act 2002 (c.32). Qualifications Wales. Arts and leisure The Arts Council of Wales. The Sports Council for Wales. Tax The Welsh Revenue Authority. Miscellaneous The Building Regulations Advisory Committee for Wales. Coity Walia Board for Conservators. Comisiynydd y Gymraeg (The Welsh Language Commissioner). The Democracy and Boundary Commission Cymru. Harbour authorities in Wales (and “ harbour authority ” has the meaning given in section 313(1) of the Merchant Shipping Act 1995 (c.21)) and port authorities in Wales (and “ port authority ” means a harbour authority or, if there is no such authority, the person having control of the operation of the port)— used or required wholly or mainly for the fishing industry, for recreation, or for communication between places in Wales (or for two or more of those purposes); so far as acting in connection with protecting human, animal or plant health, animal welfare or the environment. ... Towyn Trewan Board for Conservators. SCHEDULE 4 EXCLUDED MATTERS: PART 5 (introduced by section 42) 1 The commencement or conduct of proceedings before a court of competent jurisdiction. 2 Action taken in respect of appointments or removals, pay, discipline, superannuation or other personnel matters. SCHEDULE 5 CONSEQUENTIAL AMENDMENTS (introduced by section 75) PART 1 Investigations Care Standards Act 2000 (c.14) 1 Insert new section 75ZB— Working jointly with the Public Services Ombudsman for Wales 75ZB 1 This section applies where it appears to the Commissioner that a case which he is— a examining in accordance with regulations made under section 74, or b considering whether to examine in accordance with such regulations, relates to or raises a matter which could be the subject of an investigation by the Public Services Ombudsman for Wales (the ‘connected matter’). 2 Where the Commissioner considers it appropriate, he must inform the Ombudsman about the connected matter. 3 Where the Commissioner considers that the case also relates to or raises a matter which he is entitled to examine himself (the ‘children matter’), he must also if he considers it appropriate— a inform the Ombudsman about the Commissioners proposals for examination of the case, and b consult the Ombudsman about those proposals. 4 Where the Commissioner and the Ombudsman consider that they are entitled to examine, respectively, the children matter and the connected matter they may— a co-operate with each other in the separate examination of each of those matters; b act together in the examination of those matters; and c prepare and publish a joint report containing their respective conclusions in relation to the matters they have each examined. 5 Where the Commissioner considers— a that the case is not one which relates to or raises a matter that he is entitled to examine himself, and b that it is appropriate to do so, he must inform the person whose case it is, or another person interested in it that he thinks fit, about how to secure referral to the Ombudsman of the connected matter. 2 Insert new section 75ZC— Working jointly with the Public Services Ombudsman for Wales 75ZC 1 This section applies where it appears to the Commissioner that a case which he is— a examining in accordance with regulations made under section 74, or b considering whether to examine in accordance with such regulations, relates to or raises a matter which could be the subject of an investigation by the Public Services Ombudsman for Wales. 2 Where the Commissioner considers it appropriate, he must— a inform the Ombudsman about the case, and b consult him in relation to it. 3 Where the Commissioner consults the Ombudsman under this section, he and the Ombudsman may— a co-operate with each other in relation to the case; b conduct a joint examination into the case; c prepare and publish a joint report in relation to the case. Public Audit (Wales) Act 2004 (c.23) 3 Insert new section 67B— Protection from defamation claims 67B For the purposes of the law of defamation, the publication in a communication between the Auditor General for Wales or the Wales Audit Office and the Public Services Ombudsman for Wales of a matter in connection with a joint investigation conducted under section 68(2) of the Public Services Ombudsman (Wales) Act 2019, is absolutely privileged. Public Audit (Wales) Act 2013 (anaw 3) 4 Insert new section 29A— Working with the Public Services Ombudsman for Wales 29A 1 Where the Public Services Ombudsman for Wales consults the Auditor General under section 68 of the Public Services Ombudsman (Wales) Act 2019 (anaw 3), the Ombudsman and the Auditor General may— a co-operate with each other in relation to the matter, b conduct a joint investigation into the matter, and c prepare and publish a joint report in relation to the investigation. Well-being of Future Generations (Wales) Act 2015 (anaw 2) 5 In section 25, after subsection 1(c), insert— d an investigation under the Public Services Ombudsman (Wales) Act 2019 (anaw 3) by the Public Services Ombudsman for Wales (and references in this section to the other Commissioner or the Commissioners include the Ombudsman). PART 2 MISCELLANEOUS Parliamentary Commissioner Act 1967 (c.13) 6 In section 4 (departments etc. subject to investigation), in subsection (3A), for “the Public Services Ombudsman (Wales) Act 2005” substitute “ the Public Services Ombudsman (Wales) Act 2019 ” . 7 In section 11A (consultations between Parliamentary Commissioner and other Commissioners or Ombudsmen), in subsection (1)(b), for “the Public Services Ombudsman (Wales) Act 2005” substitute “ the Public Services Ombudsman (Wales) Act 2019 ” . Local Government Act 1974 (c.7) 8 In section 34M (consultation with other Commissioners), in subsection (1)(d), at the end insert “ or the PSOWA 2019 ” . 9 In section 34T (interpretation of Part 3A), in subsection (1), after the definition of “the PSOWA 2005” insert— “ the PSOWA 2019 ” means the Public Services Ombudsman (Wales) Act 2019, . ... 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Local Government and Housing Act 1989 (c.42) 11 In section 5 (designation and reports of monitoring officer)— a in subsection (2)(c), at the end insert “ or the Public Services Ombudsman (Wales) Act 2019 ” ; b in subsection (2AA), after “the Public Services Ombudsman (Wales) Act 2005” insert “ or the Public Services Ombudsman (Wales) Act 2019 ” . 12 In section 5A (reports of monitoring officer – local authorities operating executive arrangements)— a in subsection (3)(c), at the end insert “ or the Public Services Ombudsman (Wales) Act 2019 ” ; b in subsection (4A), after “the Public Services Ombudsman (Wales) Act 2005” insert “ or the Public Services Ombudsman (Wales) Act 2019 ” . ... 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Health Service Commissioners Act 1993 (c.46) 15 In section 18 (consultation during investigations), in subsection (1)(ba), at the end insert “ or the Public Services Ombudsman (Wales) Act 2019 ” . Housing Act 1996 (c.52) 16 In section 50C (grounds for giving notice), in subsection (10), at the end insert “ or section 23 of the Public Services Ombudsman (Wales) Act 2019 ” . 17 In section 51 (schemes for investigation of complaints), in subsection (7), for “section 41 of the Public Services Ombudsman (Wales) Act 2005” substitute “ section 78 of the Public Services Ombudsman (Wales) Act 2019 ” . Freedom of Information Act 2000 (c.36) 18 In section 76 (disclosure of information between Commissioner and ombudsmen), in the second column of the row that refers to the Public Services Ombudsman for Wales in the table in subsection (1), at the end insert “ or Part 3 of the Public Services Ombudsman (Wales) Act 2019 ” . Local Government Act 2000 (c.22) 19 In section 68 (Public Services Ombudsman for Wales), in subsection (3), for “the Public Services Ombudsman (Wales) Act 2005” substitute “ the Public Services Ombudsman (Wales) Act 2019 ” . 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Health and Social Care (Community Health and Standards) Act 2003 (c.43) 21 In section 113 (complaints about health care), in subsection (4)(aa)— a for “the Public Services Ombudsman (Wales) Act 2005” substitute “ the Public Services Ombudsman (Wales) Act 2019 ” ; b for “section 2(3)” substitute “ section 3(3) ” . National Health Service (Wales) Act 2006 (c.42) 22 In section 187 (independent advocacy services), in subsection (3)— a in the definition of “health service body”, for “the Public Services Ombudsman (Wales) Act 2005 (c.10)” substitute “ the Public Services Ombudsman (Wales) Act 2019 ” ; b in the definition of “independent palliative care provider”, for “section 34T of the Public Services Ombudsman (Wales) Act 2005” substitute “ section 64 of the Public Services Ombudsman (Wales) Act 2019 ” ; c in the definition of “independent provider”, for “the Public Services Ombudsman (Wales) Act 2005” substitute “ the Public Services Ombudsman (Wales) Act 2019 ” . Commissioner for Older People (Wales) Act 2006 (c.30) 23 In section 18 (power to disclose information), in subsection (1)(b), at the end insert “ or section 66 of the Public Services Ombudsman (Wales) Act 2019 (working jointly with specified persons) ” . Government of Wales Act 2006 (c.32) 24 In Schedule 8 (Auditor General for Wales), in paragraph 17(8)(ba), for “the Public Services Ombudsman (Wales) Act 2005” substitute “ the Public Services Ombudsman (Wales) Act 2019 ” . Local Government and Public Involvement in Health Act 2007 (c.28) 25 In section 223A (independent advocacy services), in subsection (10)— a in the definition of “health service body”, for “the Public Services Ombudsman (Wales) Act 2005” substitute “ the Public Services Ombudsman (Wales) Act 2019 ” ; b in the definition of “independent provider”, for “the Public Services Ombudsman (Wales) Act 2005” substitute “ the Public Services Ombudsman (Wales) Act 2019 ” ; c in the definition of “Welsh health body”, for “the Public Services Ombudsman (Wales) Act 2005” substitute “ the Public Services Ombudsman (Wales) Act 2019 ” . Social Services and Well-being (Wales) Act 2014 (anaw 4) 26 In section 171 (complaints about social services), in subsection (3)(a)— a for “the Public Services Ombudsman (Wales) Act 2005” substitute “ the Public Services Ombudsman (Wales) Act 2019 ” ; b for “section 2(3)” substitute “ section 3(3) ” . 27 In section 177 (further consideration of representations), in subsection (4)(a)— a for “the Public Services Ombudsman (Wales) Act 2005” substitute “ the Public Services Ombudsman (Wales) Act 2019 ” ; b for “section 2(3)” substitute “ section 3(3) ” . Data Protection Act 2018 (c.12) 28 In Schedule 2 (exemptions etc from the GDPR), in paragraph 10(2)(c)(iv), at the end insert “ or Part 5 of the Public Services Ombudsman (Wales) Act 2019 ” . S. 35 in force at 23.7.2019 by S.I. 2019/1096 , reg. 2 Sch. 5 para. 9 in force at 23.7.2019 by S.I. 2019/1096 , reg. 2 S. 55 in force at 23.7.2019 by S.I. 2019/1096 , reg. 2 S. 10 in force at 23.7.2019 by S.I. 2019/1096 , reg. 2 S. 37 in force at 23.7.2019 by S.I. 2019/1096 , reg. 2 Sch. 1 para. 8 in force at 23.7.2019 by S.I. 2019/1096 , reg. 2 S. 16(4)(a) omitted (1.4.2023) by virtue of Health and Social Care (Quality and Engagement) (Wales) Act 2020 (asc 1) , s. 29(2) , Sch. 3 para. 17(2)(a) ; S.I. 2023/370 , art. 3(1)(t) Sch. 5 para. 10 in force at 23.7.2019 by S.I. 2019/1096 , reg. 2 S. 72 in force at 23.7.2019 by S.I. 2019/1096 , reg. 2 Sch. 2 para. 3 in force at 23.7.2019 by S.I. 2019/1096 , reg. 2 Sch. 1 para. 7 in force at 23.7.2019 by S.I. 2019/1096 , reg. 2 Sch. 1 para. 17 in force at 23.7.2019 by S.I. 2019/1096 , reg. 2 S. 12 in force at 23.7.2019 by S.I. 2019/1096 , reg. 2 S. 8 in force at 23.7.2019 by S.I. 2019/1096 , reg. 2 S. 49 in force at 23.7.2019 by S.I. 2019/1096 , reg. 2 S. 61 in force at 23.7.2019 by S.I. 2019/1096 , reg. 2 S. 38 in force at 23.7.2019 by S.I. 2019/1096 , reg. 2 Words in Sch. 3 omitted (25.6.2024) by virtue of Senedd Cymru (Members and Elections) Act 2024 (asc 4) , s. 25(1)(a) , Sch. 1 para. 45(b) S. 46 in force at 23.7.2019 by S.I. 2019/1096 , reg. 2 Sch. 1 para. 14 in force at 23.7.2019 by S.I. 2019/1096 , reg. 2 Sch. 5 para. 23 in force at 23.7.2019 by S.I. 2019/1096 , reg. 2 Sch. 1 para. 2 in force at 23.7.2019 by S.I. 2019/1096 , reg. 2 Sch. 5 para. 10 and cross-heading omitted (4.11.2024) by virtue of Historic Environment (Wales) Act 2023 (asc 3) , s. 212(2) , Sch. 13 para. 195(a) (with Sch. 14 paras. 1-3 ); S.I. 2024/860 , art. 3(d) Sch. 5 para. 16 in force at 23.7.2019 by S.I. 2019/1096 , reg. 2 S. 25 in force at 23.7.2019 by S.I. 2019/1096 , reg. 2 S. 70 in force at 23.7.2019 by S.I. 2019/1096 , reg. 2 S. 15 in force at 23.7.2019 by S.I. 2019/1096 , reg. 2 Sch. 5 para. 8 in force at 23.7.2019 by S.I. 2019/1096 , reg. 2 S. 30 in force at 23.7.2019 by S.I. 2019/1096 , reg. 2 Sch. 5 para. 13 cross-heading omitted (4.11.2024) by virtue of Historic Environment (Wales) Act 2023 (asc 3) , s. 212(2) , Sch. 13 para. 195(b) (with Sch. 14 paras. 1-3 ); S.I. 2024/860 , art. 3(d) Sch. 1 para. 22 in force at 23.7.2019 by S.I. 2019/1096 , reg. 2 Sch. 1 para. 13 in force at 23.7.2019 by S.I. 2019/1096 , reg. 2 S. 31 in force at 23.7.2019 by S.I. 2019/1096 , reg. 2 S. 54 in force at 23.7.2019 by S.I. 2019/1096 , reg. 2 Sch. 1 para. 7(2) omitted (with effect in accordance with s. 42(1)(c) of the amending Act) by virtue of Senedd and Elections (Wales) Act 2020 (anaw 1) , s. 35(4)(b) S. 20 in force at 23.7.2019 by S.I. 2019/1096 , reg. 2 S. 34 in force at 23.7.2019 by S.I. 2019/1096 , reg. 2 S. 58 in force at 23.7.2019 by S.I. 2019/1096 , reg. 2 Sch. 5 para. 2 in force at 23.7.2019 by S.I. 2019/1096 , reg. 2 Act modified (4.11.2024) by Historic Environment (Wales) Act 2023 (asc 3) , s. 212(2) , Sch. 12 para. 7(2) (with Sch. 14 paras. 1-3 ); S.I. 2024/860 , art. 3(d) S. 65 in force at 23.7.2019 by S.I. 2019/1096 , reg. 2 S. 9 in force at 23.7.2019 by S.I. 2019/1096 , reg. 2 S. 75 in force at 23.7.2019 by S.I. 2019/1096 , reg. 2 S. 42 in force at 23.7.2019 by S.I. 2019/1096 , reg. 2 Sch. 5 para. 20 omitted (5.5.2022) by virtue of Local Government and Elections (Wales) Act 2021 (asc 1) , s. 175(7) , Sch. 8 para. 10 ; S.I. 2022/98 , art. 2(b) (with art. 3 ) S. 67 in force at 23.7.2019 by S.I. 2019/1096 , reg. 2 Sch. 1 para. 9 in force at 23.7.2019 by S.I. 2019/1096 , reg. 2 S. 22 in force at 23.7.2019 by S.I. 2019/1096 , reg. 2 S. 62 in force at 23.7.2019 by S.I. 2019/1096 , reg. 2 Sch. 5 para. 12 in force at 23.7.2019 by S.I. 2019/1096 , reg. 2 S. 24 in force at 23.7.2019 by S.I. 2019/1096 , reg. 2 S. 28 in force at 23.7.2019 by S.I. 2019/1096 , reg. 2 Sch. 1 para. 20 in force at 23.7.2019 by S.I. 2019/1096 , reg. 2 Sch. 2 para. 7 in force at 23.7.2019 by S.I. 2019/1096 , reg. 2 Words in Sch. 3 inserted (1.4.2021) by The Public Services Ombudsman (Wales) Act 2019 (Amendment of Schedule 3) Regulations 2021 (S.I. 2021/345) , regs. 1(2) , 2(2) S. 6 in force at 23.7.2019 by S.I. 2019/1096 , reg. 2 Sch. 5 para. 22 in force at 23.7.2019 by S.I. 2019/1096 , reg. 2 Sch. 1 para. 4 in force at 23.7.2019 by S.I. 2019/1096 , reg. 2 S. 7 in force at 23.7.2019 by S.I. 2019/1096 , reg. 2 Sch. 4 para. 2 in force at 23.7.2019 by S.I. 2019/1096 , reg. 2 Sch. 5 para. 26 in force at 23.7.2019 by S.I. 2019/1096 , reg. 2 Words in Sch. 1 para. 6(1)(d) substituted (with effect in accordance with s. 42(1)(c) of the amending Act) by Senedd and Elections (Wales) Act 2020 (anaw 1) , s. 35(4)(a) Sch. 5 para. 25 in force at 23.7.2019 by S.I. 2019/1096 , reg. 2 Sch. 2 para. 5 in force at 23.7.2019 by S.I. 2019/1096 , reg. 2 S. 68 in force at 23.7.2019 by S.I. 2019/1096 , reg. 2 S. 69 in force at 23.7.2019 by S.I. 2019/1096 , reg. 2 S. 32 in force at 23.7.2019 by S.I. 2019/1096 , reg. 2 S. 52 in force at 23.7.2019 by S.I. 2019/1096 , reg. 2 S. 16(4)(e) omitted (1.4.2023) by virtue of Health and Social Care (Quality and Engagement) (Wales) Act 2020 (asc 1) , s. 29(2) , Sch. 3 para. 17(2)(b) ; S.I. 2023/370 , art. 3(1)(t) S. 74 in force at 23.7.2019 by S.I. 2019/1096 , reg. 2 S. 27 in force at 23.7.2019 by S.I. 2019/1096 , reg. 2 Sch. 3 entry inserted (1.4.2023) by Health and Social Care (Quality and Engagement) (Wales) Act 2020 (asc 1) , s. 29(2) , Sch. 3 para. 17(3)(c) ; S.I. 2023/370 , art. 3(1)(t) Sch. 5 para. 21 in force at 23.7.2019 by S.I. 2019/1096 , reg. 2 Sch. 5 para. 17 in force at 23.7.2019 by S.I. 2019/1096 , reg. 2 S. 29 in force at 23.7.2019 by S.I. 2019/1096 , reg. 2 S. 17 in force at 23.7.2019 by S.I. 2019/1096 , reg. 2 S. 47 in force at 23.7.2019 by S.I. 2019/1096 , reg. 2 S. 33 in force at 23.7.2019 by S.I. 2019/1096 , reg. 2 Sch. 3 in force at 23.7.2019 by S.I. 2019/1096 , reg. 2 S. 2 in force at 23.7.2019 by S.I. 2019/1096 , reg. 2 Sch. 5 para. 13 omitted (4.11.2024) by virtue of Historic Environment (Wales) Act 2023 (asc 3) , s. 212(2) , Sch. 13 para. 195(b) (with Sch. 14 paras. 1-3 ); S.I. 2024/860 , art. 3(d) S. 14 in force at 23.7.2019 by S.I. 2019/1096 , reg. 2 Sch. 1 para. 11 in force at 23.7.2019 by S.I. 2019/1096 , reg. 2 S. 64 in force at 23.7.2019 by S.I. 2019/1096 , reg. 2 S. 53 in force at 23.7.2019 by S.I. 2019/1096 , reg. 2 Sch. 5 para. 5 in force at 23.7.2019 by S.I. 2019/1096 , reg. 2 Sch. 2 para. 2 in force at 23.7.2019 by S.I. 2019/1096 , reg. 2 Sch. 1 para. 10 in force at 23.7.2019 by S.I. 2019/1096 , reg. 2 S. 51 in force at 23.7.2019 by S.I. 2019/1096 , reg. 2 Sch. 1 para. 12 in force at 23.7.2019 by S.I. 2019/1096 , reg. 2 Sch. 5 para. 18 in force at 23.7.2019 by S.I. 2019/1096 , reg. 2 S. 23 in force at 23.7.2019 by S.I. 2019/1096 , reg. 2 Sch. 1 para. 15 in force at 23.7.2019 by S.I. 2019/1096 , reg. 2 S. 60 in force at 23.7.2019 by S.I. 2019/1096 , reg. 2 Sch. 5 para. 24 in force at 23.7.2019 by S.I. 2019/1096 , reg. 2 S. 43 in force at 23.7.2019 by S.I. 2019/1096 , reg. 2 S. 76 in force at 23.7.2019 by S.I. 2019/1096 , reg. 2 S. 39 in force at 23.7.2019 by S.I. 2019/1096 , reg. 2 Sch. 5 para. 15 in force at 23.7.2019 by S.I. 2019/1096 , reg. 2 S. 41 in force at 23.7.2019 by S.I. 2019/1096 , reg. 2 S. 59 in force at 23.7.2019 by S.I. 2019/1096 , reg. 2 S. 21 in force at 23.7.2019 by S.I. 2019/1096 , reg. 2 S. 73 in force at 23.7.2019 by S.I. 2019/1096 , reg. 2 Words in Sch. 3 inserted (25.6.2024) by Senedd Cymru (Members and Elections) Act 2024 (asc 4) , s. 25(1)(a) , Sch. 1 para. 45(a) S. 16 in force at 23.7.2019 by S.I. 2019/1096 , reg. 2 S. 57 in force at 23.7.2019 by S.I. 2019/1096 , reg. 2 Sch. 1 para. 19 in force at 23.7.2019 by S.I. 2019/1096 , reg. 2 S. 66 in force at 23.7.2019 by S.I. 2019/1096 , reg. 2 Sch. 1 para. 16 in force at 23.7.2019 by S.I. 2019/1096 , reg. 2 S. 26 in force at 23.7.2019 by S.I. 2019/1096 , reg. 2 S. 50 in force at 23.7.2019 by S.I. 2019/1096 , reg. 2 S. 4 in force at 23.7.2019 by S.I. 2019/1096 , reg. 2 S. 40 in force at 23.7.2019 by S.I. 2019/1096 , reg. 2 S. 56 in force at 23.7.2019 by S.I. 2019/1096 , reg. 2 S. 44 in force at 23.7.2019 by S.I. 2019/1096 , reg. 2 S. 5 in force at 23.7.2019 by S.I. 2019/1096 , reg. 2 Sch. 3 entry omitted (1.4.2023) by virtue of Health and Social Care (Quality and Engagement) (Wales) Act 2020 (asc 1) , s. 29(2) , Sch. 3 para. 17(3)(b) ; S.I. 2023/370 , art. 3(1)(t) Sch. 5 para. 14 omitted (4.11.2024) by virtue of Historic Environment (Wales) Act 2023 (asc 3) , s. 212(2) , Sch. 13 para. 195(b) (with Sch. 14 paras. 1-3 ); S.I. 2024/860 , art. 3(d) Sch. 1 para. 1 in force at 23.7.2019 by S.I. 2019/1096 , reg. 2 S. 13 in force at 23.7.2019 by S.I. 2019/1096 , reg. 2 Sch. 2 para. 6 in force at 23.7.2019 by S.I. 2019/1096 , reg. 2 S. 48 in force at 23.7.2019 by S.I. 2019/1096 , reg. 2 Sch. 5 para. 1 in force at 23.7.2019 by S.I. 2019/1096 , reg. 2 Sch. 1 para. 18 in force at 23.7.2019 by S.I. 2019/1096 , reg. 2 Sch. 1 para. 5 in force at 23.7.2019 by S.I. 2019/1096 , reg. 2 Sch. 5 para. 19 in force at 23.7.2019 by S.I. 2019/1096 , reg. 2 S. 71 in force at 23.7.2019 by S.I. 2019/1096 , reg. 2 Sch. 5 para. 3 in force at 23.7.2019 by S.I. 2019/1096 , reg. 2 Sch. 3 entry omitted (1.4.2023) by virtue of Health and Social Care (Quality and Engagement) (Wales) Act 2020 (asc 1) , s. 29(2) , Sch. 3 para. 17(3)(a) ; S.I. 2023/370 , art. 3(1)(t) Sch. 5 para. 4 in force at 23.7.2019 by S.I. 2019/1096 , reg. 2 Sch. 2 para. 4 in force at 23.7.2019 by S.I. 2019/1096 , reg. 2 S. 19 in force at 23.7.2019 by S.I. 2019/1096 , reg. 2 Sch. 5 para. 6 in force at 23.7.2019 by S.I. 2019/1096 , reg. 2 Words in s. 69(2)(g) inserted (20.12.2023) by The National Security Act 2023 (Consequential Amendments of Primary Legislation) Regulations 2023 (S.I. 2023/1386) , reg. 1(2) , Sch. para. 32 Sch. 2 para. 1 in force at 23.7.2019 by S.I. 2019/1096 , reg. 2 S. 45 in force at 23.7.2019 by S.I. 2019/1096 , reg. 2 Sch. 1 para. 6 in force at 23.7.2019 by S.I. 2019/1096 , reg. 2 Sch. 4 para. 1 in force at 23.7.2019 by S.I. 2019/1096 , reg. 2 S. 11 in force at 23.7.2019 by S.I. 2019/1096 , reg. 2 Act modified (4.11.2024) by Historic Environment (Wales) Act 2023 (asc 3) , s. 212(2) , Sch. 2 para. 6 (with Sch. 14 paras. 1-3 , 5 ); S.I. 2024/860 , art. 3(d) S. 18 in force at 23.7.2019 by S.I. 2019/1096 , reg. 2 Words in Sch. 3 substituted (1.8.2024) by Tertiary Education and Research (Wales) Act 2022 (asc 1) , s. 148(2) , Sch. 4 para. 41 (with s. 19 ); S.I. 2024/806 , art. 2(k)(xxiii) (with art. 28 ) Words in s. 78(1) inserted (20.10.2023) by The National Health Service (Ophthalmic Services) (Wales) Regulations 2023 (S.I. 2023/1053) , reg. 1(2) , Sch. 5 para. 3 S. 1 in force at 23.7.2019 by S.I. 2019/1096 , reg. 2 Sch. 1 para. 21 in force at 23.7.2019 by S.I. 2019/1096 , reg. 2 Words in Sch. 3 omitted (21.1.2021) by virtue of Local Government and Elections (Wales) Act 2021 (asc 1) , s. 175(1)(e) , Sch. 9 para. 48 Sch. 5 para. 11 in force at 23.7.2019 by S.I. 2019/1096 , reg. 2 S. 3 in force at 23.7.2019 by S.I. 2019/1096 , reg. 2 S. 63 in force at 23.7.2019 by S.I. 2019/1096 , reg. 2 S. 36 in force at 23.7.2019 by S.I. 2019/1096 , reg. 2 Sch. 5 para. 28 in force at 23.7.2019 by S.I. 2019/1096 , reg. 2 S. 16(4)(ia) inserted (1.4.2023) by Health and Social Care (Quality and Engagement) (Wales) Act 2020 (asc 1) , s. 29(2) , Sch. 3 para. 17(2)(c) ; S.I. 2023/370 , art. 3(1)(t) Sch. 1 para. 3 in force at 23.7.2019 by S.I. 2019/1096 , reg. 2 Sch. 5 para. 27 in force at 23.7.2019 by S.I. 2019/1096 , reg. 2 Sch. 5 para. 7 in force at 23.7.2019 by S.I. 2019/1096 , reg. 2
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[uk-legislation-anaw][anaw] 2025-05-14
http://www.legislation.gov.uk/anaw/2015/6/2025-04-01
http://www.legislation.gov.uk/anaw/2015/6/2025-04-01 Local Government (Wales) Act 2015 An Act of the National Assembly for Wales to make provision for and in connection with a reduction in the number of principal local authorities in Wales and to make other amendments of local government law as it applies in relation to Wales. text text/xml en Statute Law Database 2025-04-16 Expert Participation 2025-04-01 Local Government (Wales) Act 2015 2015 anaw 6 An Act of the National Assembly for Wales to make provision for and in connection with a reduction in the number of principal local authorities in Wales and to make other amendments of local government law as it applies in relation to Wales. [25 November 2015] Having been passed by the National Assembly for Wales and having received the assent of Her Majesty, it is enacted as follows: Introductory Overview 1 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 This Act also makes other amendments to local government law; and more specifically— a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . d section 42 amends the provisions relating to surveys of councillors and unsuccessful candidates for election as councillors; e . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Main definitions 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Voluntary mergers of local authorities Proposals for merger 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Consultation before making merger application 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Guidance about merger applications 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Power to make merger regulations 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Shadow authorities 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Elections and councillors 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mayor and cabinet executive model authorities 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Other consequential etc. provision 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Transition committees Transition committees 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Composition of transition committees 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Functions of transition committees 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sub-committees of transition committees 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Provision of funding, facilities and information to transition committees 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Electoral arrangements etc. for new principal areas Directions to conduct initial review 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Directions and guidance to Commission 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Conduct of initial review 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pre-review procedure 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Consultation and investigation 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Reporting on initial review 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Implementation by Welsh Ministers 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Electoral regulations if no recommendations made 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Future review periods 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Remuneration etc. arrangements for new principal local authorities Directions to Independent Remuneration Panel for Wales to perform relevant functions 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Reports of Panel 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Directions and guidance to Panel 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pay policy statements 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Restraints on transactions and recruitment etc. by merging authorities Restraining transactions and recruitment etc. by direction 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Directions under section 29(1): supplementary 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Directions under section 29(1): further provision about reserves 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Directions under section 29(3): supplementary 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Directions: consequences of contravention 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Interpretation of sections 29 to 36 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Determining whether financial limits have been exceeded 35 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Guidance in relation to transactions, recruitment etc. 36 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Information requirements Requirement on merging authority to provide information to Welsh Ministers 37 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Requirement on merging authority to provide information to other authorities 38 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Other provisions relating to Independent Remuneration Panel for Wales Temporary extension of functions of Panel relating to heads of paid service to chief officers 39 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Changes to duty to have regard to Panel recommendations about salaries 40 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Panel membership 41 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Miscellaneous Survey of councillors and unsuccessful candidates for election as councillors 42 1 Section 1 of the Local Government (Wales) Measure 2011 (duty to conduct survey of councillors and unsuccessful candidates for election as councillors) is amended as follows. 2 In subsection (2) (local authority to conduct survey after each ordinary election), for “after” substitute “ , or arrange for the conduct of a survey, in relation to ” . 3 After subsection (3) insert— 3A A survey in the case of an ordinary election may be conducted— a entirely after the ordinary election, or b by asking the candidates for election to the office of councillor to answer the prescribed questions before the ordinary election and collating the information provided afterwards. 4 In subsection (5) (no duty to provide information) for “a councillor or an unsuccessful candidate for election to the office of councillor” substitute “ any individual ” . 5 Omit subsection (6) (local authority to arrange for information to be provided anonymously). Proposals submitted before commencement of Part 3 of Local Government (Democracy) (Wales) Act 2013 43 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Supplementary Regulations 44 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Interpretation 45 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Commencement 46 1 Sections 25 to 28 and 37 to 43 come into force at the end of the period of 2 months beginning with the day on which this Act receives Royal Assent. 2 Subject to that, this Act comes into force on the day following that on which this Act receives Royal Assent. Short title 47 The short title of this Act is the Local Government (Wales) Act 2015. S. 1(2)(a) omitted (21.1.2021) by virtue of Local Government and Elections (Wales) Act 2021 (asc 1) , ss. 150(3)(a) , 175(1)(f) (2) Ss. 2-39 omitted (21.1.2021) by virtue of Local Government and Elections (Wales) Act 2021 (asc 1) , ss. 150(3)(b) , 175(1)(f) (2) S. 1(1) omitted (21.1.2021) by virtue of Local Government and Elections (Wales) Act 2021 (asc 1) , ss. 150(3)(a) , 175(1)(f) (2) S. 44 omitted (21.1.2021) by virtue of Local Government and Elections (Wales) Act 2021 (asc 1) , ss. 150(3)(c) , 175(1)(f) (2) S. 45 omitted (21.1.2021) by virtue of Local Government and Elections (Wales) Act 2021 (asc 1) , ss. 150(3)(c) , 175(1)(f) (2) S. 1(2)(e) omitted (25.6.2024) by virtue of Senedd Cymru (Members and Elections) Act 2024 (asc 4) , s. 25(1)(a) , Sch. 1 para. 6(2) S. 43 omitted (25.6.2024) by virtue of Senedd Cymru (Members and Elections) Act 2024 (asc 4) , s. 25(1)(a) , Sch. 1 para. 6(3) S. 1(2)(b) omitted (1.4.2025) by virtue of Elections and Elected Bodies (Wales) Act 2024 (asc 5) , s. 72(4) , Sch. 1 para. 14(a) ; S.I. 2024/1337 , art. 3(e) S. 1(2)(c) omitted (1.4.2025) by virtue of Elections and Elected Bodies (Wales) Act 2024 (asc 5) , s. 72(4) , Sch. 1 para. 14(a) ; S.I. 2024/1337 , art. 3(e) S. 40 omitted (1.4.2025) by virtue of Elections and Elected Bodies (Wales) Act 2024 (asc 5) , s. 72(4) , Sch. 1 para. 14(b) ; S.I. 2024/1337 , art. 3(e) S. 41 omitted (1.4.2025) by virtue of Elections and Elected Bodies (Wales) Act 2024 (asc 5) , s. 72(4) , Sch. 1 para. 14(b) ; S.I. 2024/1337 , art. 3(e)
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[uk-legislation-anaw][anaw] 2025-05-14
http://www.legislation.gov.uk/anaw/2013/7/2025-01-31
http://www.legislation.gov.uk/anaw/2013/7/2025-01-31 Active Travel (Wales) Act 2013 An Act of the National Assembly for Wales to make provision for the mapping of active travel routes and related facilities and for and in connection with integrated network maps; for securing that there are new and improved active travel routes and related facilities; for requiring the Welsh Ministers and local authorities to take reasonable steps to enhance the provision made for, and to have regard to the needs of, walkers and cyclists; for requiring functions under the Act to be exercised so as to promote active travel journeys and secure new and improved active travel routes and related facilities; and for connected purposes. text text/xml en Statute Law Database 2025-04-16 Expert Participation 2025-01-31 Active Travel (Wales) Act 2013 2013 anaw 7 An Act of the National Assembly for Wales to make provision for the mapping of active travel routes and related facilities and for and in connection with integrated network maps; for securing that there are new and improved active travel routes and related facilities; for requiring the Welsh Ministers and local authorities to take reasonable steps to enhance the provision made for, and to have regard to the needs of, walkers and cyclists; for requiring functions under the Act to be exercised so as to promote active travel journeys and secure new and improved active travel routes and related facilities; and for connected purposes. [4 November 2013] Having been passed by the National Assembly for Wales and having received the assent of Her Majesty, it is enacted as follows: Introduction Overview 1 This Act makes provision— a for approved maps of existing active travel routes and related facilities in a local authority's area, b for approved integrated network maps of the new and improved active travel routes and related facilities needed to create integrated networks of active travel routes and related facilities in a local authority's area, c requiring local authorities to have regard to integrated network maps in preparing transport policies and to secure that there are new and improved active travel routes and related facilities, d requiring the Welsh Ministers to report on active travel in Wales, e requiring the Welsh Ministers and local authorities, in the performance of functions under the Highways Act 1980, to take reasonable steps to enhance the provision made for walkers and cyclists and to have regard to the needs of walkers and cyclists in the exercise of certain other functions, and f requiring the Welsh Ministers and local authorities to exercise their functions under the Act so as to promote active travel journeys and secure new and improved active travel routes and related facilities. Meaning of “active travel route” and “related facilities” etc. 2 1 For the purposes of this Act a route in a local authority's area is an active travel route if— a the route is situated in a designated locality in the area, and b the local authority considers that it is appropriate for it to be regarded as an active travel route. 2 In this section “ route ” means a highway, or any other route to which the public has access, (including a crossing of a highway or any such route) and which may lawfully be used by, or by any description of, walkers and cyclists. 3 In this Act “ walkers and cyclists ” means— a people who walk, b people who use pedal cycles, other than pedal cycles which are motor vehicles for the purposes of the Road Traffic Act 1988, and c disabled people not within paragraph (a) or (b) who use motorised wheelchairs, mobility scooters or other aids to mobility. 4 In this Act “ designated ”, in relation to a locality, means specified, or of a description specified, in a direction given by the Welsh Ministers. 5 The Welsh Ministers may, in particular, specify a locality, or description of locality, by reference to— a density of population, b size, c proximity to densely-populated localities above a particular size, d position between such localities, e proximity to community services and facilities, or f potential for other reasons to be a locality, or description of locality, in which more travel is undertaken by walkers and cyclists by active travel journeys. 6 In considering whether it is appropriate for a route to be regarded as an active travel route, a local authority must take into account— a whether the route facilitates the making by, or by any description of, walkers and cyclists of active travel journeys, and b whether the location, nature and condition of the route make it suitable for safe use by, or by any description of, walkers and cyclists for the making of such journeys, and must have regard to guidance given by the Welsh Ministers. 7 In this Act “ active travel journey ” means a journey made to or from a workplace or educational establishment or in order to access health, leisure or other services or facilities. 8 For the purposes of this Act “ related facilities ”, in relation to an active travel route, means— a facilities for shelter, resting or storage, b toilets or washing facilities, c signage, or d other facilities, which are available for use by, or by any description of, walkers and cyclists using the active travel route. 9 In determining whether anything constitutes related facilities for the purposes of this Act a local authority must have regard to guidance given by the Welsh Ministers. Maps Existing routes maps 3 1 Each local authority must— a prepare an existing routes map, and b submit it to the Welsh Ministers for approval. 2 For the purposes of this Act, “ existing routes map ”, in relation to a local authority, means a map showing the active travel routes and related facilities in the local authority's area. 3 In preparing its existing routes map a local authority must consult— a all persons who have requested the local authority that they be consulted about its existing routes map, and b any such other persons as it considers appropriate. 4 In preparing its existing routes map a local authority must have regard to guidance given by the Welsh Ministers as to— a the consultation and other steps to be taken in preparing it, b the matters to be shown on it, and c its form. 5 A local authority must submit its existing routes map to the Welsh Ministers for approval— a before the end of the period of 1 year beginning with the day on which this section comes into force, or b if the Welsh Ministers by direction given to the local authority specify a date after the end of that period as the date by which it must be submitted to them, no later than that date. 6 When submitting an existing routes map to the Welsh Ministers under this section a local authority must also submit to them— a a statement of the extent (if any) to which any of the active travel routes shown on it do not conform to standards specified in guidance given under section 2(6), and b an explanation of why the local authority has nevertheless decided that it is appropriate for them to be regarded as active travel routes. 7 When submitting an existing routes map to the Welsh Ministers under this section on any occasion other than the first, a local authority must also submit to them a report specifying how the level of use of active travel routes and related facilities in the local authority's area has changed since the previous occasion on which an existing routes map was submitted to the Welsh Ministers under this section by the local authority. 8 If the Welsh Ministers decide not to approve an existing routes map submitted to them by a local authority under this section, they may by direction given to the local authority require the local authority— a to revise (or further revise) it, and b to submit it to them for approval no later than the date specified in the direction. 9 In determining whether to approve an existing routes map submitted to them by a local authority under this section the Welsh Ministers must— a consider whether the local authority has complied with subsections (3) and (4) in preparing it, and b consider the content of the statement and explanation submitted under subsection (6). 10 Once an existing routes map prepared by a local authority has been approved by the Welsh Ministers, the local authority— a must keep it under review, b may revise it, and c must submit it to the Welsh Ministers for approval on each occasion on which the local authority's integrated network map is submitted for approval under section 4. 11 The Welsh Ministers may by direction given to a local authority specify an occasion different from that specified in subsection (10)(c) as the occasion on which the local authority must submit an existing routes map to the Welsh Ministers for approval. Integrated network maps 4 1 Each local authority must— a prepare an integrated network map, and b submit it to the Welsh Ministers for approval. 2 For the purposes of this Act, “ integrated network map ”, in relation to a local authority, means a map showing— a the new active travel routes and related facilities, and b the improvements of existing active travel routes and related facilities, that the local authority considers are needed to develop or enhance an integrated network of active travel routes and related facilities in designated localities in its area. 3 In preparing its integrated network map a local authority must consult— a all persons who have requested the local authority that they be consulted about its integrated network map, and b any such other persons as it considers appropriate. 4 In preparing its integrated network map a local authority must have regard to the desirability of— a promoting active travel journeys, and b securing new active travel routes and related facilities and improvements in existing active travel routes and related facilities. 5 In preparing its integrated network map a local authority must have regard to guidance issued by the Welsh Ministers as to— a the consultation and other steps to be taken in preparing it, b the period to which it is to relate, c the matters to be shown on it, and d its form. 6 A local authority must submit its integrated network map to the Welsh Ministers for approval— a before the end of the period of 3 years beginning with the day on which this section comes into force, or b if the Welsh Ministers by direction given to the local authority specify a date after the end of that period as the date by which it must be submitted to them, no later than that date. 7 If the Welsh Ministers decide not to approve an integrated network map submitted to them by a local authority under this section, they may by direction given to the local authority require the local authority— a to revise (or further revise) it, and b to submit it to them for approval no later than the date specified in the direction. 8 In determining whether to approve an integrated network map submitted to them by a local authority under this section the Welsh Ministers must consider whether the local authority has complied with subsections (3) and (5) in preparing it. 9 Once an integrated network map prepared by a local authority has been approved by the Welsh Ministers, the local authority— a must keep it under review, b may revise it, and c must submit it to the Welsh Ministers for approval before the end of each period of 3 years beginning with the day on which it was last approved by them. 10 The Welsh Ministers may by direction given to a local authority specify a period different from that in subsection (9)(c) as the period before the end of which the local authority must submit an integrated network map to the Welsh Ministers for approval. Publication etc. of maps 5 1 As soon as reasonably practicable after an existing routes map or integrated network map prepared by a local authority has been approved by the Welsh Ministers, the local authority must— a publish it in such manner as it considers appropriate, b send a free copy to such persons as it considers appropriate, c supply a copy of it, or a part of it, to any person on request either free of charge or at no more than the cost of providing the copy, d cause a copy to be made available for inspection (at all reasonable hours) at such places as it considers appropriate, and e give notice, in such manner as it considers appropriate, for bringing the attention of the public to the places at which a copy of it is available for inspection. 2 In determining what it considers appropriate for the purposes of subsection (1) a local authority must have regard to guidance given by the Welsh Ministers. 3 Where, in connection with an existing routes map which is approved by the Welsh Ministers, a local authority has submitted to them a statement and explanation under section 3(6) or a report under section 3(7), the local authority must— a publish it in such manner as it considers appropriate, b send a free copy to such persons as it considers appropriate, c supply a copy of it, or of a part of it, to any person either free of charge or at no more than the cost of providing the copy, d cause a copy to be made available for inspection (at all reasonable hours) at such places as it considers appropriate, and e give notice, in such manner as it considers appropriate, for bringing the attention of the public to the places at which a copy of it is available for inspection. Developing transport policies with regard to integrated network map 6 Each local authority must, in developing policies under section 108(1)(a) or (2A) of the Transport Act 2000 (policies forming basis of local transport plans), have regard to the integrated network map for its area. Other provisions Securing continuous improvement in active travel routes 7 1 Each local authority must in every year secure that there are— a new active travel routes and related facilities, and b improvements of existing active travel routes and related facilities, in its area. 2 A local authority must, in performing the duty imposed by subsection (1), have regard to guidance given by the Welsh Ministers. 3 Each local authority must make a report to the Welsh Ministers specifying the costs incurred by it in each financial year in performing the duty imposed by subsection (1). Reports by Welsh Ministers on active travel 8 The Welsh Ministers must make and publish annual reports on the extent to which walkers and cyclists make active travel journeys in Wales. Provision for walkers and cyclists in exercise of certain functions 9 1 The Welsh Ministers and each local authority must, in the exercise of their functions under Parts 3, 4, 5, 9 and 12 of the Highways Act 1980 (creation, maintenance and improvement of highways, interference with highways and acquisition etc. of land), in so far as it is practicable to do so, take reasonable steps to enhance the provision made for walkers and cyclists. 2 The Welsh Ministers and each local authority must have regard to the needs of walkers and cyclists in the exercise of their functions under— a Parts 1, 2, 4 and 7 of the Road Traffic Regulation Act 1984 (general and special traffic regulation, parking places and obstructions), b Part 3 of the New Roads and Street Works Act 1991 (street works), and c Part 2 of the Traffic Management Act 2004 (network management by local traffic authorities). Duty to exercise functions to promote active travel 10 1 The Welsh Ministers and local authorities must exercise their functions under this Act in a manner designed to— a promote active travel journeys, and b secure new active travel routes and related facilities and improvements in existing active travel routes and related facilities. 2 Each local authority must make a report to the Welsh Ministers specifying what it has done in each financial year in the performance of the duty imposed on it by subsection (1). Promotion by Welsh Ministers of active travel as a way of reducing or limiting air pollution 10A 1 The Welsh Ministers must take steps to promote active travel as a way of reducing or limiting air pollution in Wales. 2 The Welsh Ministers must publish a statement about the steps they propose to take in the performance of their duty under subsection (1). 3 The Welsh Ministers must— a publish the statement as soon as possible after the coming into force of this section, and b keep the statement under review. 4 The Welsh Ministers may revise the statement at any time, and if they do so they must publish the statement in its revised form. 5 The Welsh Ministers must publish a report as soon as reasonably practicable after the end of each reporting period specifying what steps they have taken during that period in the performance of their duty under subsection (1). 6 In subsection (5), “ reporting period ” means— a the period of 3 years beginning with the day on which this section comes into force, and b each subsequent period of 3 years. 7 Subsection (5) does not prevent the Welsh Ministers from publishing additional reports specifying steps they have taken in the performance of their duty under subsection (1). Promotion by local and other authorities of active travel as a way of reducing or limiting air pollution 10B 1 Local authorities must take steps to promote active travel as a way of reducing or limiting air pollution in their areas. 2 Where a local authority submits an integrated network map to the Welsh Ministers for approval under section 4(9)(c), it must also publish a report specifying what steps it has taken in the performance of its duty under subsection (1) during— a in the case of the first report required by this subsection, the period beginning with the coming into force of subsection (1) and ending with the submission of the map, and b in the case of each subsequent report, the period since it last published a report under this subsection. 3 The Welsh Ministers may by regulations made by statutory instrument— a impose a duty on any public authority specified in the regulations to take steps to promote active travel as a way of reducing or limiting air pollution, and b require the authority to publish reports, in respect of periods specified in the regulations, about the steps it has taken in the performance of its duty. 4 Regulations under subsection (3) may specify a public authority only if the authority is a “devolved Welsh authority” within the meaning of section 157A(1)(a) of the Government of Wales Act 2006 (c. 32) . 5 Before specifying a public authority in regulations under subsection (3), the Welsh Ministers must consult the authority about the proposal. 6 The power to make regulations under subsection (3) includes power to make transitional or saving provision. 7 A statutory instrument containing regulations made under subsection (3) may not be made unless a draft of the instrument has been laid before, and approved by resolution of, Senedd Cymru. Guidance to authorities about their functions under section 10B 10C 1 The Welsh Ministers must give guidance to local authorities about the authorities’ performance of their duties under section 10B. 2 The Welsh Ministers must also give guidance to any public authority specified in regulations made under section 10B(3) about the authority’s performance of its duties under the regulations. 3 Before giving or revising guidance under this section, the Welsh Ministers must consult— a the authority or authorities to which the guidance relates, and b any other persons the Welsh Ministers consider appropriate. 4 An authority given guidance under this section must have regard to it in performing its duties under section 10B or, as the case may be, regulations made under that section. Supplementary Review of operation of Act 11 The Welsh Ministers must, no later than the end of the period of 5 years beginning immediately after the end of the period mentioned in section 4(6)(a), carry out a review of the operation of this Act with a view in particular to assessing its success in securing new active travel routes and related facilities and improvements of existing active travel routes and related facilities. Directions and guidance 12 1 Any directions or guidance given under this Act by the Welsh Ministers may be varied or revoked by them. 2 In giving (or varying or revoking) directions or guidance under this Act the Welsh Ministers must have regard to the desirability of— a promoting active travel journeys, and b securing new active travel routes and related facilities and improvements in existing active travel routes and related facilities. Interpretation 13 In this Act— “ active travel journey ” (“ taith teithio llesol ”) has the meaning given by section 2(7); “ active travel route ” (“ llwybr teithio llesol ”) has the meaning given by section 2(1); “ designated ” (“ dynodedig ”) has the meaning given by section 2(4); “ existing routes map ” (“ map llwybrau presennol ”) has the meaning given by section 3(2); “ financial year ” (“ blwyddyn ariannol ”) means the period of 12 months ending with 31st March; “ integrated network map ” (“ map rhwydwaith integredig ”) has the meaning given by section 4(2); “ local authority ” (“ awdurdod lleol ”) means a county council or county borough council in Wales; “ related facilities ” (“ cyfleusterau cysylltiedig ”) is to be construed in accordance with section 2(8) and (9); “ walkers and cyclists ” (“ cerddwyr a beicwyr ”) has the meaning given by section 2(3). Commencement 14 1 Sections 3 to 11 come into force in accordance with provision made by the Welsh Ministers by order made by statutory instrument. 2 The other provisions of this Act come into force on the day after the day on which this Act receives Royal Assent. Short title 15 The short title of this Act is the Active Travel (Wales) Act 2013. S. 3 in force at 25.9.2014 by S.I. 2014/2589 , art. 2 S. 4 in force at 25.9.2014 by S.I. 2014/2589 , art. 2 S. 5 in force at 25.9.2014 by S.I. 2014/2589 , art. 2 S. 6 in force at 25.9.2014 by S.I. 2014/2589 , art. 2 S. 7 in force at 25.9.2014 by S.I. 2014/2589 , art. 2 S. 8 in force at 25.9.2014 by S.I. 2014/2589 , art. 2 S. 9 in force at 25.9.2014 by S.I. 2014/2589 , art. 2 S. 10 in force at 25.9.2014 by S.I. 2014/2589 , art. 2 S. 11 in force at 25.9.2014 by S.I. 2014/2589 , art. 2 Act applied (with modifications) (28.2.2022) by The Corporate Joint Committees (Transport Functions) (Consequential Modifications and Transitional Provisions) (Wales) Regulations 2022 (S.I. 2022/188) , regs. 1(2) , 3 , Sch. para. 4 Ss. 10A-10C inserted (31.1.2025) by Environment (Air Quality and Soundscapes) (Wales) Act 2024 (asc 2) , ss. 11 , 30(3) ; S.I. 2025/72 , art. 2
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[uk-legislation-anaw][anaw] 2025-05-14
http://www.legislation.gov.uk/anaw/2013/4/2025-04-01
http://www.legislation.gov.uk/anaw/2013/4/2025-04-01 Democracy and Boundary Commission Cymru etc. Act 2013 An Act of the National Assembly for Wales to make provision about the constitution and functions of the Local Democracy and Boundary Commission for Wales; to make various provisions relating to local government; and for connected purposes. text text/xml en Statute Law Database 2025-04-16 Expert Participation 2025-04-01 Democracy and Boundary Commission Cymru etc. Act 2013 2013 anaw 4 An Act of the National Assembly for Wales to make provision about the constitution and functions of the Local Democracy and Boundary Commission for Wales; to make various provisions relating to local government; and for connected purposes. [30 July 2013] Having been passed by the National Assembly for Wales and having received the assent of Her Majesty, it is enacted as follows:- PART 1 INTRODUCTION Overview 1 1 This Part provides an overview of the provisions of this Act. 2 Part 2 makes provision about the constitution and functions of the Democracy and Boundary Commission Cymru. 2A Part 2A confers electoral administration functions on the Commission and requires the functions to be exercised by a board established by the Commission called the Electoral Management Board. 3 Part 3 makes provision about— a the duties of the Commission to monitor the arrangements for local government and to conduct reviews where appropriate, and the duties of principal councils to monitor the arrangements for the communities in their area and to conduct reviews where appropriate (see sections 21 and 22), b the types of reviews that can be conducted, the considerations to be taken into account by the reviewing body and the changes that can be recommended in relation to each type of review (see sections 23 to 33), c the procedure for conducting reviews (see sections 34 to 36), d the implementation of recommendations following a review and associated matters (such as the transfer of staff or property between principal councils and other public bodies) (see sections 37 to 44). 3A Part 3A makes provision about Senedd constituency boundary reviews conducted by the Commission. 4 Part 4 makes provision about the review of the membership of certain public bodies. 5 Part 5 makes provision— a about the appointment of a presiding member for a principal council; b restating and extending the powers of local authorities in relation to promoting and opposing private Bills; c requiring community council information to be made available electronically; d about the electronic publication of certain public bodies' (including local authorities) registers of members' interests; e relating to remote attendance at meetings of principal councils; f relating to the role of democratic services committees; g applying political balance requirements to the audit committees of principal councils; h . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . i about the establishment of joint standards committees; j enabling the standards committee or monitoring officer of a relevant authority to refer cases relating to conduct to the standards committee or monitoring officer of another relevant authority. 5A Part 5A makes provision relating to the functions of the Commission in deciding on the payments and pensions payable to members and former members of certain authorities (including local authorities). 6 Part 6 makes general provision about this Act. PART 2 Democracy and Boundary Commission Cymru Continuation and name Democracy and Boundary Commission Cymru 2 1 The body corporate called the Local Government Boundary Commission for Wales (established under section 53 of the 1972 Act) is to continue in existence. 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 That body corporate (which was first renamed by subsection (2)) is renamed the Democracy and Boundary Commission Cymru (referred to in this Act as “the Commission). Status Status 3 1 The Commission is not to be regarded as a servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown. 2 The Commission's property is not to be regarded as property of, or property held on behalf of, the Crown. Members Membership 4 1 The Commission consists of— a a member to chair the Commission (the “chairing member”), b a member to act as deputy to the chairing member, and c at least 1 but no more than 7 other members. 2 Members are to be appointed by the Welsh Ministers on such terms and conditions as the Welsh Ministers may determine (including conditions as to remuneration, allowances and expenses). 3 A member may not be — a a member of a UK legislature; ba a person engaged by a member of a UK legislature, under a contract of service or a contract for services, in connection with the carrying out of the member’s functions; bb a person engaged by a registered political party under a contract of service or a contract for services; bc a special adviser; c a member or member of staff of a local authority ...; d . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . e a member or member of staff of a National Park authority for a National Park in Wales; ea a member or member of staff of a corporate joint committee established by regulations made under Part 5 of the Local Government and Elections (Wales) Act 2021 (asc 1) ; eb a member or member of staff of a fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 (c. 21) , or a scheme to which section 4 of that Act applies; f a police and crime commissioner for a police area in Wales; or g a member of the Commission's staff. Tenure 5 Members of the Commission hold and vacate office in accordance with their terms and conditions of appointment. Proceedings Proceedings 6 1 The quorum for meetings of the Commission is 3. 1A The Welsh Ministers may by regulations amend subsection (1) to change the quorum, but may not change the quorum to a number which is lower than 3. 2 The Commission may otherwise regulate its own procedure. 3 The validity of anything done by the Commission is not affected by any defect in the appointment of a member. Seal and validity of documents 7 1 The Commission may have a seal. 2 The application of the seal is authenticated by the signature of a member of the Commission or of another person authorised by the Commission for that purpose. 3 A document purporting to be duly executed under the seal of the Commission, or signed on its behalf by the chief executive or another member of staff authorised to do so, is to be received in evidence and taken to be so executed or signed unless the contrary is proved. Staff, experts and assistant commissioners Chief executive 8 1 The Commission must employ a chief executive. 2 The chief executive is to be appointed by the Commission on such terms and conditions as it may determine (including conditions as to remuneration, pension, allowances and expenses). 2A But if the office of chief executive has been vacant for more than six months, the Welsh Ministers may appoint a chief executive on such terms and conditions as they may determine (including conditions as to remuneration, pension, allowances and expenses). 3 Before appointing a chief executive under subsection (2A), the Welsh Ministers must consult the Commission. 4 The chief executive may not be— a a member of a UK legislature; ba a person engaged by a member of a UK legislature, under a contract of service or a contract for services, in connection with the carrying out of the member’s functions; bb a person engaged by a registered political party under a contract of service or a contract for services; bc a special adviser; c a member or member of staff of a local authority; d . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . e a member or member of staff of a National Park authority for a National Park in Wales; ea a member or member of staff of a corporate joint committee established by regulations made under Part 5 of the Local Government and Elections (Wales) Act 2021 (asc 1) ; eb a member or member of staff of a fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 (c. 21) , or a scheme to which section 4 of that Act applies; f a police and crime commissioner for a police area in Wales. 5 The Commission must, in exercising its functions under this section, have regard to any guidance issued by the Welsh Ministers. Other staff 9 1 The Commission may employ staff. 2 Staff are to be employed on terms and conditions determined by the Commission (including conditions as to remuneration, pension, allowances and expenses). 3 The Commission must consult the Welsh Ministers before determining the amounts payable to its staff in respect of remuneration, pensions, allowances and expenses. Experts 10 1 The Commission may appoint a person (an “expert”) to assist it in the exercise of its functions. 2 Before appointing an expert the Commission must consult the Welsh Ministers. 3 An appointment under subsection (1) may not be made unless the Commission is satisfied that the expert has knowledge, experience or expertise relevant to the exercise of its functions. 4 The Commission may pay the expert such remuneration, allowances or expenses as it may determine. 5 The Commission must consult the Welsh Ministers before determining the remuneration or allowances payable to an expert. Assistant commissioners 11 1 The Commission may appoint one or more persons (to be known as an “assistant commissioner) to whom the Commission may delegate functions in accordance with section 13(1). 2 An assistant commissioner may not be — a a member of a UK legislature; ba a person engaged by a member of a UK legislature, under a contract of service or a contract for services, in connection with the carrying out of the member’s functions; bb a person engaged by a registered political party under a contract of service or a contract for services; bc a special adviser; c a member or member of staff of a local authority ...; d . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . e a member or member of staff of a National Park authority for a National Park in Wales; ea a member or member of staff of a corporate joint committee established by regulations made under Part 5 of the Local Government and Elections (Wales) Act 2021 (asc 1) ; eb a member or member of staff of a fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 (c. 21) , or a scheme to which section 4 of that Act applies; f a police and crime commissioner for a police area in Wales; or g a member of the Commission's staff. 3 Before appointing an assistant commissioner the Commission must consult the Welsh Ministers. 4 The Commission may pay an assistant commissioner such remuneration, allowances or expenses as it may determine. 5 The Commission must consult the Welsh Ministers before determining the remuneration or allowances payable to an assistant commissioner. General powers and directions Power to charge 11A 1 The Commission may charge a person for the provision of goods or services mentioned in subsection (2) to recover the cost of the provision if the person has agreed to the goods or services being provided. 2 The goods or services are— a goods or training the Commission provides or secures in exercise of its functions under section 20A (electoral administration functions); b training the Commission provides or secures for a principal council in connection with the council’s functions under Part 3. Powers 12 1 The Commission may do anything which is calculated to facilitate, or is conducive or incidental to, the exercise of its functions. 2 But the Commission may not— a borrow money; b acquire land or other property without the consent of the Welsh Ministers; or c form and promote companies. Delegation 13 1 The Commission may delegate to one or more of its members or one or more assistant commissioners such of its functions under — a Chapters 2 to 4, 6 or 7 of Part 3 (functions relating to the conduct of reviews of local government or local inquiries); b Part 3A (functions relating to Senedd constituency boundary reviews); c Schedule 1 to the Local Government and Elections (Wales) Act 2021 (functions relating to initial reviews), as it may determine to the extent so delegated. 2 Subsection (1) does not affect the Commission's— a responsibility for exercise of delegated functions, or b ability to exercise delegated functions. Directions 14 1A The Welsh Ministers may give a direction to the Commission in relation to the exercise of the Commission’s functions under any enactment, except in relation to the exercise of functions under— a Part 2A (co-ordination of electoral administration); b Part 3A (functions relating to Senedd constituency boundary reviews). 1B The Commission must comply with a direction given to it by the Welsh Ministers under this Act. 1C The Welsh Ministers must publish each direction they give to the Commission or a principal council under this Act. 2 A direction given by the Welsh Ministers under this Act may be varied or revoked by a subsequent direction. 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Financial matters and governance Funding 15 1 The Welsh Ministers may pay grants to the Commission of such amounts as they may determine. 2 A grant is made subject to any conditions specified by the Welsh Ministers (including conditions about repayment). Accounting officer 16 1 The Welsh Ministers must designate a person to act as the Commission's accounting officer. 2 The accounting officer has, in relation to the Commission's accounts and finances, the responsibilities specified in a direction by the Welsh Ministers. 3 The responsibilities that may be specified include— a responsibilities in relation to the signing of accounts; b responsibilities for the propriety and regularity of the Commission's finances; c responsibilities for the economy, efficiency and effectiveness with which the Commission uses its resources; d responsibilities owed to the Welsh Ministers, the National Assembly for Wales or the Public Accounts Committee of the National Assembly; e responsibilities owed to the House of Commons or the Committee of Public Accounts of that House. Governance and audit committee 17 1 The Commission must establish a committee (a “governance and audit committee”) to— a review and scrutinise the Commission's financial affairs, b review and assess the Commission's risk management, internal control and corporate governance arrangements, ba review, assess and manage the Commission’s internal and external audit arrangements, bb review and assess the Commission’s handling of complaints, bc review— i statements of accounts and reports prepared by the Commission under sections 19(1) and 20, ii reports prepared by the Auditor General for Wales under section 19(4), c review and assess the economy, efficiency and effectiveness with which resources have been used in discharging the Commission's functions, and d make reports and recommendations to the Commission in relation to reviews conducted under paragraphs (a), (b) , (ba), (bb), (bc) or (c). 2 The governance and audit committee must send copies of its reports and recommendations to the Welsh Ministers. 2A The Commission may confer on the governance and audit committee the functions the Commission considers suitable to be exercised by the committee. 3 It is for the governance and audit committee to determine how to exercise its functions under this section. Governance and audit committee: membership and quorum 18 1 The governance and audit committee is to consist of— a at least two members of the Commission; b at least two lay members; c no more than five members. 2 A lay member of the governance and audit committee must be appointed— a to chair the committee (the “chair”); b as deputy to the chair. 2A A person may not be a member of the governance and audit committee if the person is a member of the Commission and is either the Commission’s chairing member or is acting as deputy to the Commission’s chairing member. 2B The quorum for meetings of the governance and audit committee is three members, which must consist of at least one lay member. 3 The Commission may pay such remuneration, allowances and expenses to a lay member as it may determine. 4 The Commission must consult the Welsh Ministers before determining the remuneration or allowances payable to a lay member. 5 In this section “ lay member ” means any person other than— a a member or an employee of the Commission, or b an expert appointed under section 10(1) or assistant commissioner appointed under section 11(1). Accounts and external audit 19 1 The Commission must for each financial year— a keep proper accounts and proper records in relation to them, and b prepare a statement of accounts. 2 Each statement of accounts must comply with any directions given by the Welsh Ministers as to— a the information to be contained in it, b the manner in which the information is to be presented, c the methods and principles according to which the statement is to be prepared. 3 No later than 31 August after the end of each financial year the Commission must submit its statement of accounts to— a the Welsh Ministers, and b the Auditor General for Wales. 4 The Auditor General for Wales must— a examine, certify and report on the statement of accounts, and b no later than 4 months after the statement was submitted, lay before the National Assembly for Wales a copy of the certified statement and report. 5 In this section, “ financial year ” means the period of 12 months ending on 31 March. Annual reports 20 1 No later than 30 November after the end of each financial year the Commission must submit a report to the Welsh Ministers on the discharge of its functions during that year. 2 The Welsh Ministers must publish the report and lay a copy before the National Assembly for Wales. 3 In this section, “ financial year ” has the same meaning as in section 19. PART 2A CO-ORDINATION OF ELECTORAL ADMINISTRATION General functions Electoral administration functions 20A 1 The Commission has the general function of co-ordinating the administration of Welsh elections and referendums. 2 The general function in subsection (1) includes— a assisting returning officers, local authorities and other persons in carrying out their functions in relation to Welsh elections and referendums; b promoting best practice in the administration of Welsh elections and referendums by providing information, advice or training (or otherwise). 3 The Commission may provide information, advice or other assistance to the Welsh Ministers about the administration of Welsh elections and referendums. 4 In this Part “ Welsh elections and referendums ” means— a Senedd Cymru elections; b local government elections in Wales; c devolved referendums. Directions Directions to returning officers 20B 1 The Commission may give directions in writing to returning officers about the exercise of the officers’ functions in relation to— a Senedd Cymru elections generally, b a particular Senedd Cymru election, c local government elections in Wales generally, d a particular local government election in Wales, e devolved referendums generally, or f a particular devolved referendum. 2 A direction under subsection (1) may require a returning officer to provide the Commission with information. 3 A direction under subsection (1) may require a returning officer— a to exercise any discretion the officer has in performing the officer’s functions, or b to exercise the discretion in a particular way. 4 A returning officer to whom a direction under subsection (1) is given must comply with the direction in so far as it directs the officer— a to exercise any discretion the officer would otherwise have in performing the officer’s functions (or exercise it in a particular way), or b to provide information to the Commission. 5 A returning officer is not required to comply with a direction under subsection (1)— a if compliance with the direction would be inconsistent with a duty of the officer under any enactment, b in so far as exercise of the officer’s functions subject to the direction relates to a reserved election in a poll combined with a Welsh election or referendum, or c in so far as exercise of the officer’s functions subject to the direction relates to the combination of— i a poll at a reserved election with the poll at a Welsh election or referendum; ii a poll at a Senedd Cymru election with the poll at an ordinary local government election in Wales. 6 The Commission must publish each direction it gives under subsection (1). Directions to electoral registration officers 20C 1 The Commission may give directions in writing to electoral registration officers about the exercise of the officers’ functions in relation to— a a particular Senedd Cymru election, b a particular local government election in Wales, or c a particular devolved referendum. 2 A direction under subsection (1) may require an electoral registration officer— a to exercise any discretion the officer has in performing the officer’s functions, or b to exercise the discretion in a particular way. 3 A direction under subsection (1) may require an electoral registration officer to provide the Commission with information. 4 An electoral registration officer to whom a direction under subsection (1) is given must comply with the direction in so far as it directs the officer— a to exercise any discretion the officer would otherwise have in performing the officer’s functions (or exercise it in a particular way), or b to provide information to the Commission. 5 An electoral registration officer is not required to comply with a direction under subsection (1)— a if it is inconsistent with— i a duty of the officer under any enactment, or ii a direction given under section 52 of the 1983 Act; b in so far as exercise of the officer’s functions relates to a poll in a reserved election combined with a poll in a Welsh election or referendum. 6 The Commission must publish each direction it gives under subsection (1). Consultation with the Electoral Commission 20D 1 Before giving a direction under section 20B or 20C, the Commission must consult the Electoral Commission. 2 The Electoral Commission must give a response in writing to the Commission to the matters on which it is consulted. The Board Electoral Management Board 20E 1 The Commission must establish a board to be known as the Electoral Management Board (“ the Board ”). 2 The functions of the Commission under the provisions specified in subsection (3) are delegated to the Board and must only be exercised by the Board. 3 The provisions are— a sections 20A to 20D; b chapter 3 of Part 1 of the Elections and Elected Bodies (Wales) Act 2024 (Welsh elections piloting and reform); c provision specified in regulations made by the Welsh Ministers. 4 The powers in section 12 may be exercised by the Board or the Commission in relation to the functions delegated by subsection (2). 5 Subsection (2) does not affect the Commission’s responsibility for exercise of the delegated functions. Board membership 20F 1 The Board is to consist of— a a member of the Commission to chair the Board who is a former elections officer, b one other member of the Commission, and c members who are elections officers or former elections officers (one of whom is to be the deputy chair of the Board). 2 The members of the Board are to be appointed by the Commission. 3 The Commission must appoint at least four members to the Board of the kind described in subsection (1)(c). 4 The chair is to be chosen by the Commission and the deputy chair is to be chosen by the Board. 5 Members of the Board who are also members of the Commission are to be appointed on terms and conditions determined by the Welsh Ministers. 6 The other members of the Board are to be appointed on terms and conditions determined by the Commission after consultation with the Welsh Ministers. 7 The terms and conditions that may be determined under subsections (5) and (6) include conditions as to remuneration, allowances and expenses. 8 A person appointed under subsection (1)(c) must not be— a a member of a UK legislature; b a member of the staff of the Senedd (within the meaning of the Government of Wales Act 2006 (c. 32) ); c a person engaged by a member of a UK legislature, under a contract of service or a contract for services, in connection with the carrying out of the member’s functions; d a member of a local authority; e a member of a National Park authority for a National Park in Wales; f a police and crime commissioner for a police area in Wales; g a Commissioner or Assistant Commissioner; h a member of the Commission’s staff; i a person employed in the civil service of the state. 9 In this section “ elections officer ” means— a a returning officer, or b an electoral registration officer. Tenure 20G Members of the Board hold and vacate office in accordance with their terms and conditions of appointment. Board proceedings 20H 1 The members of the Board must have votes of equal weight to each other for the purpose of the Board’s decisions, but the chair (or deputy chair if the chair is absent) has the casting vote in the event of a tied vote. 2 The Board may otherwise regulate its own procedure (including quorum). 3 The validity of anything done by the Board in exercise of the Commission’s functions is not affected by any defect in the appointment of a member. 4 The chair or deputy chair may (with the agreement of the other members of the Board) invite a person to attend a meeting of the Board for the purpose of providing advice or otherwise assisting the Board. General Interpretation of this Part 20I In this Part— “ the 1983 Act ” (“ Deddf 1983 ”) means the Representation of the People Act 1983 (c. 2) ; “devolved referendums”(“ refferenda datganoledig ”) means referendums held under— section 27 of the Local Government Act 2000 (c. 22) or by virtue of regulations or an order made under Part 2 of that Act; section 40 of the 2011 Measure; any other enactment (whenever passed or made) that would be within the legislative competence of Senedd Cymru if it were in a provision of an Act of the Senedd (whether the provision would require the consent of a Minister of the Crown or not); “ electoral registration officer ” (“ swyddog cofrestru etholiadol ”) means an officer appointed under section 8(2A) of the 1983 Act or any person who may exercise the functions of the officer; “ local government elections ” (“ etholiadau llywodraeth leol ”) means the election of— councillors for an electoral ward of a county or county borough, councillors for a community ward or, in the case of a community where there are no wards, for the community, or an elected mayor or elected executive member under regulations made by virtue of section 44 of the Local Government Act 2000 (c. 22) ; “ reserved election ” (” etholiad a gedwir yn ôl ”) means— an election for membership of the House of Commons; an election for the office of police and crime commissioner; “ returning officer ” (“ swyddog canlyniadau ”) means— a returning officer (however described)— appointed under section 35(1A) of the 1983 Act, designated in accordance with an order made under section 13 of the Government of Wales Act 2006 (c. 32) (“ the 2006 Act ”), or appointed under regulations made by virtue of section 44 or 45 of the Local Government Act 2000 (c. 22) ; any person who may exercise the functions of a returning officer falling within paragraph (a). PART 3 ARRANGEMENTS FOR LOCAL GOVERNMENT CHAPTER 1 DUTIES TO MONITOR LOCAL GOVERNMENT ARRANGEMENTS Duty of the Commission Duty of the Commission to monitor arrangements for local government 21 1 The Commission must, for the purpose of considering whether it is appropriate to make or recommend changes under this Part, monitor the areas and electoral arrangements relevant to local government in Wales. 2 In pursuance of that duty, the Commission must carry out such reviews under this Part as are required under this or any other enactment, as may be directed by the Welsh Ministers, or as it otherwise considers appropriate. 3 In carrying out its duties under this Part (and in conducting any review), the Commission must seek to ensure effective and convenient local government. Duties of a principal council Duties of principal councils in relation to area 22 1 A principal council must, for the purpose of considering whether it is appropriate to make or recommend changes under this Part, monitor— a the communities in its area, and b the electoral arrangements of such communities. 2 In pursuance of that duty, a principal council must— a have regard to the Commission's timetable for conducting the reviews of principal areas' electoral arrangements required by section 29(1), and b carry out such reviews under this Part as are required under this or any other enactment, as may be directed by the Welsh Ministers, or as it otherwise considers appropriate. 3 In carrying out its duties under this Part (and in conducting any review), a principal council must seek to ensure effective and convenient local government. 4 A principal council must provide the Commission with such information as it may reasonably require in connection with the exercise of its functions under this Part. 5 Before 1 July in each year, a principal council must publish a report on the performance of its functions under this Part and section 76 of the 1972 Act (change of name of community) in the previous year, so far as the functions relate to— a community names, b community boundary changes, c community council changes, and d community electoral arrangements. 6 A principal council must send a copy of each report it publishes to the Commission and the Welsh Ministers. 7 In subsection (5), “year means the period of 12 months beginning with 1 April. CHAPTER 2 AREA REVIEWS Principal areas Review of principal area boundaries 23 1 The Commission may, of its own initiative or at the request of a local authority, conduct a review of one or more principal areas. 2 But the Commission must not conduct a review under subsection (1) at the request of a local authority if it considers that doing so would impede the proper exercise of its functions. 3 The changes that the Commission may recommend in relation to a review under this section are— a such principal area boundary changes as it considers appropriate, and b in consequence of any principal area boundary changes such community boundary changes, preserved county changes, community council changes or electoral arrangements changes as it considers appropriate. 4 For the purposes of this Part— a a reference to a “ community boundary change ” is a reference to— i altering the boundary of a community; ii abolishing a community; iii constituting a new community; b a reference to “ community council change ” is a reference to— i constituting a council for a community or a common council for a group of communities; ii dissolving a community council (separate or common); iii separating a community from a group of communities having a common community council; iv adding a community to a group of communities having a common community council; c a reference to an “ electoral arrangements change ” is a reference to a change to the electoral arrangements for any local government area; d a reference to a “ preserved county change ” is a reference to a change to the area of a preserved county; e a reference to a “ principal area boundary change ” is a reference to— i altering the boundary of a principal area; ii . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . iii . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Review of principal areas following new town order 24 1 This section applies where, under section 1 of the New Towns Act 1981 (c. 64) (designation of areas of land for new towns)— a the Welsh Ministers have made an order which designates any area of land as the site of a new town, and b the area of the new town so designated is not wholly comprised within a principal area. 2 The Welsh Ministers must, as soon as reasonably practicable after the date of operation of the order, give notice to the Commission specifying the principal areas affected by the order. 3 The Commission must, on receipt of a notice under subsection (2), conduct a review under section 23 of any principal areas specified in the notice. Communities Review of community boundaries by principal council 25 1 A principal council may conduct a review of one or more communities in its area— a of its own initiative, or b at the request of— i a community council in its area, or ii a community meeting in its area. 2 But a principal council must not conduct a review under subsection (1) at the request of a community council or a community meeting if it considers that doing so would impede the proper exercise of its functions. 3 The changes that a principal council may recommend in relation to a review under this section are— a such community boundary changes as it considers appropriate, and b in consequence of any community boundary changes, such community council changes and associated changes to the electoral arrangements of— i the community or communities under review, ii the principal area, as it considers appropriate. 4 For the purposes of subsection (3)(b)(ii), section 30 applies to a principal council as it applies to the Commission. 5 A principal council may enter into an agreement with the Commission for the Commission (under section 26) to exercise the council's functions under this section. 6 The agreement may be on such terms and conditions as the principal council and the Commission consider appropriate. Review of community boundaries by the Commission 26 1 The Commission may, in any of the circumstances described in subsection (2), conduct a review of one or more communities in a principal area. 2 The circumstances are— a where the Commission has agreed to exercise a principal council's functions under section 25(5), b where a principal council has submitted recommendations to the Commission under section 36(5) and— i the council's recommendation is that no community boundary changes should be made, ii the council and the Commission are unable to agree to such modifications to the recommendations as the Commission considers necessary for it to implement them, iii the Commission does not consider it appropriate to implement any of the council's recommendations, or iv the Commission considers that the review has not been conducted by the council in accordance with this Part or has otherwise been defective in some material way, c where a principal council has not complied with a direction by the Welsh Ministers to conduct a review of one or more of its communities. 3 The changes that the Commission may recommend in relation to a review under this section are— a such community boundary changes as it considers appropriate, and b in consequence of any community boundary changes, such community council changes and associated changes to the electoral arrangements of— i the community or communities under review, ii the principal area, as it considers appropriate. 4 Where the Commission conducts a review in the circumstances described in subsection (2)(b)(iv) or (c), it may recover the cost of doing so from the principal council. 5 In the event of a disagreement between the Commission and the principal council as to the amount payable to the Commission under subsection (4), the Welsh Ministers may determine that amount. 6 Any sum payable to the Commission under this section is recoverable as a debt due to the Commission. Preserved counties Review of preserved counties 27 1 The Commission may conduct a review of one or more preserved counties. 2 The Commission may recommend such changes to the area of a preserved county as it considers appropriate. 3 In considering whether changes to the area of the preserved county are appropriate (whether in relation to a review under this section or as part of any other review) the Commission must have regard, in particular, to the purposes for which the preserved counties are retained. 4 For the purposes of this Part, “ preserved county ” means any county created by the 1972 Act as a county in Wales as it stood immediately before the passing of the Local Government (Wales) Act 1994 but subject to any provision of that Act or any provision made under the 1972 Act or this Act redrawing its boundaries. Seaward boundaries Review of seaward boundaries 28 1 The Commission may conduct a review of so much of the boundary of a local government area (which includes, for the purposes of this section, a preserved county) as — a lies below the high-water mark of medium tides, and b does not form a common boundary with another local government area. 2 The changes that the Commission may recommend in relation to a review under this section are— a the inclusion within the local government area of any area of the sea which, at the time of the review, does not form part of another local government area, and b the exclusion of any area of the sea which, at the time of the review, forms part of the local government area. 3 A review under this section may review the boundary of more than one local government area. CHAPTER 3 ELECTORAL ARRANGEMENTS REVIEWS Principal areas Review of electoral arrangements for principal area 29 1 The Commission must conduct a review of the electoral arrangements for each principal area at least once in every review period. 2 The Commission must, in respect of each review period— a prepare and publish a programme which sets out its proposed timetable for conducting all the reviews required under subsection (1) during the period, and b send a copy of the programme to the Welsh Ministers. 3 For the purposes of subsections (1) and (2) “ review period ” means— a the period of 12 years beginning on 30 September 2023, and b each subsequent period of 12 years. 3A The Welsh Ministers may by regulations amend subsection (3). 4 The Commission must comply with its duties in subsection (2)— a in respect of the the first review period, as soon as possible after it begins, and b in respect of each subsequent review period, before the period begins. 5 The Commission may also, of its own initiative or at the request of a principal council, conduct a review of the electoral arrangements for a principal area. 6 But the Commission must not conduct a review under subsection (5) at the request of a principal council if it considers that doing so would impede the proper exercise of its functions. 7 The changes that the Commission may recommend in relation to a review under this section are— a such changes to the electoral arrangements for the principal area under review as appears to it appropriate, and b in consequence of such change— i such community boundary changes as it considers appropriate in relation to any community in the principal area, ii such community council changes and changes to the electoral arrangements for such a community as it considers appropriate, iii such preserved county changes as it considers appropriate. 8 The Commission must not, in any period of 12 months preceding the day of an ordinary council election under section 26 of the 1972 Act (elections of councillors), make or publish any recommendations relating to the electoral arrangements of a principal area. 9 In this Part, a reference to the electoral arrangements of a principal area is a reference to — a the number of members of the council for the principal area, b the number, type and boundaries of the electoral wards into which the principal area is for the time being divided for the purpose of the election of members, c the number of members to be elected for any electoral ward in the principal area, and d the name of any electoral ward. 10 For the purposes of subsection (9)(b), a reference to the type of an electoral ward is a reference to whether the ward is a single or multiple member ward. 11 In this Part— “ electoral ward ” means any area for which members are elected to a local authority, “ multiple member ward ” means an electoral ward in respect of which a specified number (greater than one) of members are to be elected for that ward, and “ single member ward ” means an electoral ward in respect of which only one member is to be elected. Considerations for a review of principal area electoral arrangements 30 1 When considering whether to make recommendations for changes to the electoral arrangements of a principal area, the Commission must have regard to the following factors— a the desirability of having a ratio of local government electors to the number of members of the council to be elected that is the same, or nearly the same, in every electoral ward of the principal area; b special geographical considerations, including in particular the size, shape and accessibility of an electoral ward; c any local ties (including local ties connected to the use of the Welsh language) that would be broken by such changes. 2 For the purposes of subsection (1)(a), account is to be taken of— a any discrepancy between the number of local government electors and the number of persons that are eligible to be local government electors (as indicated by relevant official statistics), and b any change to the number or distribution of local government electors in the principal area which is likely to take place in the period of five years immediately following the making of any recommendation. 3 In this section, “ relevant official statistics ” means such official statistics within the meaning of section 6 of the Statistics and Registration Service Act 2007 (c. 18) as the Commission considers appropriate. 4 In this Part, “ local government elector ” means a person registered as a local government elector in the register of electors in accordance with the provisions of the Representation of the People Acts. Communities Review of electoral arrangements for community by principal council 31 A1 A principal council must conduct a review of the electoral arrangements for each community in its area at least once in every review period. A2 In subsection (A1), “ review period ” means— a the period of 12 years beginning with the day on which section 51 of the Elections and Elected Bodies (Wales) Act 2024 comes into force, and b each subsequent period of 12 years. A3 The Welsh Ministers may by regulations amend subsection (A2). 1 A principal council may also conduct a review of the electoral arrangements for a community in its area— a of its own initiative, or b at the request of— i the community council for the community, or ii not less than 30 local government electors registered in the community. 2 But a principal council must not conduct a review under subsection (1) at the request of the community council or local government electors if it considers that doing so would impede the proper exercise of its functions. 3 The changes that a principal council may propose and make in relation to a review under this section are— a such changes to the electoral arrangements for the community as the principal council considers appropriate, and b in consequence of any change to the electoral arrangements for the community, such changes to the electoral arrangements of the principal area as it considers appropriate. 4 For the purposes of subsection (3)(b), section 30 applies to a principal council as it applies to the Commission. 5 A principal council may enter into an agreement with the Commission for the Commission (under section 32) to exercise the council's function of conducting reviews under this section. 6 The agreement may be on such terms and conditions as the principal council and the Commission consider appropriate. 7 In this Part, a reference to the electoral arrangements of a community is a reference to— a the number of members of the council for the community; b its division into wards (if appropriate) for the purposes of the election of councillors; c the number and boundaries of any wards; d the number of members to be elected for any ward; e the name of any ward. Review of electoral arrangements for community by the Commission 32 1 The Commission may, in any of the circumstances described in subsection (2), conduct a review of the electoral arrangements for a community. 2 The circumstances are— a where the Commission has agreed to exercise a principal council's function of conducting reviews under section 31(5); b where the Commission has been requested to conduct a review of a community by — i the community council, or ii not less than 30 local government electors from the community; c where a principal council has not complied with a direction by the Welsh Ministers to conduct a review of the electoral arrangements for one or more of its communities. 3 But the Commission must not conduct a review under subsection (1) following a request by a community council or local government electors if it considers that doing so would impede the proper exercise of its functions. 4 The changes that the Commission may recommend in relation to any review under this section are— a such changes to the electoral arrangements for the community that the Commission considers appropriate, and b in consequence of any change to the electoral arrangements for the community, such changes to the electoral arrangements of the principal area, as it considers appropriate. 5 Where the Commission conducts a review in the circumstances described in subsection (2)(c), it may recover the cost of doing so from the principal council. 6 In the event of a disagreement between the Commission and the principal council as to the amount payable to the Commission under subsection (5), the Welsh Ministers may determine that amount. 7 Any sum payable to the Commission under this section is recoverable as a debt due to the Commission. Considerations for a review of community electoral arrangements 33 1 This section applies where a principal council is considering making or, as the case may be, the Commission is considering recommending, changes to the electoral arrangements for a community. 2 In considering whether a community should be divided into community wards, regard is to be had to— a whether the number or distribution of the local government electors for the community is such as to make a single election of community councillors impractical or inconvenient, and b whether it is desirable that any area of the community should be separately represented on the community council. 3 Where it is decided to divide a community into community wards, in considering the size and boundaries of the wards and in fixing the number of community councillors to be elected for each ward, regard is to be had to— a any change in the number or distribution of local government electors of the community which is likely to take place within the period of five years immediately following any recommendation, b special geographical considerations, including in particular the size, shape and accessibility of a community ward, and c any local ties (including local ties connected to the use of the Welsh language) which will be broken by the fixing of any particular boundaries. 4 Where it is decided not to divide a community into community wards, in fixing the number of councillors to be elected for each community, regard is to be had to— a the number and distribution of local government electors in the community, and b any change in such number or distribution which is likely to take place within the period of five years immediately following the fixing of the number of community councillors. 5 For the purposes of this section, account is to be taken of any discrepancy between the number of local government electors and number of persons that are eligible to be local government electors (as indicated by relevant official statistics). 6 In this section, “ relevant official statistics ” means such official statistics (within the meaning of section 6 of the Statistics and Registration Service Act 2007 (c. 18)) as the Commission, or as the case may be, principal council considers appropriate. CHAPTER 4 PROCEDURE FOR LOCAL GOVERNMENT REVIEWS Procedure for reviews Pre-review procedure 34 1 Before conducting a review under this Part, the Commission or, as the case may be, a principal council must take such steps as it considers appropriate to— a bring the review to the attention of members of the public affected by the review, the mandatory consultees and any other person it considers likely to be interested in the review, and b make the mandatory consultees and such other interested person aware of any directions given by the Welsh Ministers which are relevant to the review. 2 In relation to a review to be conducted under section 29, before conducting the review, the Commission must also consult the mandatory consultees on its intended procedure and methodology for the review and, in particular, on how it proposes to determine the appropriate number of members for any principal council in the principal area or areas under review. 3 For the purposes of this Part, the “mandatory consultees” are— a any local authority affected by the review, b except in relation to a review under section 28 (reviews of seaward boundaries), the police and crime commissioner for any police area which may be affected by the review, ba any fire and rescue authority (constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 (c. 21), or a scheme to which section 4 of that Act applies) for an area in Wales which may be affected by the review, c except where the review is (or is to be) conducted by it, the Commission, ca the National Park authority for a National Park in an area affected by the review, cb the Port Health authority constituted under section 2 of the Public Health (Control of Disease) Act 1984 (c. 22) for a port health district in an area affected by the review, cc the Welsh Language Commissioner, d any organisation representing the staff employed by local authorities which has asked to be consulted, and e such other persons as may be specified by order made by the Welsh Ministers. 4 Subsection (1) does not apply to a review conducted by the Commission in the circumstances described in section 26(2)(b)(ii) or (iii). Consultation and investigation 35 1 In conducting a review under this Part, the Commission or, as the case may be, a principal council (“the reviewing body”) must— za consult members of the public in the area affected by the review, a consult the mandatory consultees and such other persons as it considers appropriate, and b conduct such investigations as it considers appropriate. 2 After carrying out the consultation and investigations under subsection (1), the reviewing body must prepare a report containing— a any proposals for change it considers appropriate or, if it does not consider any change appropriate, a proposal to that effect, b details of the review it conducted. 3 The reviewing body must— a publish the report electronically, aa publicise the fact that representations relating to the review may be made to the reviewing body during the public consultation period, ab indicate in the publicity when the public consultation period begins and ends, b secure that the report is available for inspection (without charge) at the offices of any principal council with an interest in the review for the duration of the public consultation period , c send copies of the report to the Welsh Ministers and the mandatory consultees, d inform any other person who submitted evidence to the reviewing body how to obtain a copy of the report ... e . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 In subsection (3), the “public consultation period means a period of at least 6 weeks and no more than 12 weeks determined by the reviewing body, which may not begin before the end of a period of 7 days beginning with the day on which the report is published. 5 For the purposes of this section, a principal council has an interest in a review if— a it is the reviewing body, b its area is under review, c a community in its area (or the electoral arrangements of such a community) is under review. 6 In this section and section 36 a reference to a proposal for change is a reference to any change that the reviewing body may recommend or make (including consequential change) in relation to the type of review being conducted. Reporting on review 36 1 The Commission or, as the case may be, a principal council (“the reviewing body”) must, after the public consultation period under section 35(3) has ended, consider its proposals for change having regard to any representations received by it during the period. 2 The reviewing body must then prepare a further report. 3 Except in relation to a review under section 31, the report must contain— a any recommendation for change which the reviewing body considers appropriate or, if it does not consider any change appropriate, a recommendation to that effect, b details of the review conducted and the consultation carried out in respect of the proposals, and c details of any changes to the proposals made in light of the representations received and an explanation of why those changes have been made. 4 Where the review is under section 31, the report must contain— a the changes the reviewing body intends to make to the electoral arrangements for the community under review, or if it does not consider that any such change is appropriate, a statement to that effect, b details of the review conducted and the consultation carried out in respect of the proposals, and c details of any changes to the proposals made in light of the representations it received and an explanation of why those changes have been made. 5 The reviewing body must— a submit the report and its recommendations to the appropriate implementing authority (except where it is the implementing authority), b publish the report electronically and secure that it is available for inspection (without charge) at the offices of any principal council with an interest for a period of at least 6 weeks beginning with the date of publication, c send a copy of the report to the mandatory consultees, Ordnance Survey and (unless they are the implementing authority) the Welsh Ministers, d inform any other person who submitted evidence or made representations in relation to the report published under section 35 how to obtain a copy of the report. 6 For the purposes of subsection (5), the “appropriate implementing authority” is— a in relation to a review under section 23, the Welsh Ministers and, in a case where the Commission are making a recommendation for change to a police area, the Secretary of State (in so far as relating to that change); b in relation to a review under section 25, the Commission; c in relation to a review under section 26, 27, 28 or 29, the Welsh Ministers; d in relation to a review under section 32, the principal council of the community which has been the subject of the review. 7 Where the principal council submits a report to the Commission in relation to a review under section 25, the Commission is not to be treated as a mandatory consultee for the purposes of subsection (5)(c). 8 For the purposes of this section a principal council has an interest in a review if— a it is the reviewing body; b its area is under review; c a community in its area (or the electoral arrangements of such a community) is under review. 9 In this section, a reference to a recommendation for change is a reference to any change that the reviewing body may recommend or make (including consequential change) in relation to the type of review being conducted. Names of electoral wards 36A 1 Subsection (2) applies to a review report under this Part so far as it relates to— a an electoral ward that has different names (in any respect) for the purposes of identifying the ward in communication through Welsh and English; b a proposal for an electoral ward to have different names in any respect for the purposes of identifying the ward in communication through Welsh and English. 2 The Commission or the principal council (as the case may be) must specify both names or proposed names for the electoral ward in each language version of a report under section 35(2), 36(3) or 36(4). 3 Before making a report under section 35(2), 36(3) or 36(4), the Commission or a principal council (as the case may be) must have regard, in particular, to any representations received from the Welsh Language Commissioner on the orthography of the name or proposed name of an electoral ward to which the report relates. 4 In this section “each language version means the Welsh version and the English version. Deadline for completion of reviews 36B 1 Before conducting a review under this Part, the Commission or, as the case may be, a principal council must publish a statement specifying the day on which the review begins. 2 The Commission must, in relation to a review it conducts under section 23, 27 or 29, use its best endeavours to publish its further report on the review in accordance with section 36(5)(b) before the end of a period of 12 months beginning with the day specified under subsection (1). 3 The Commission must, in relation to a review it conducts under section 28, use its best endeavours to publish its further report on the review in accordance with section 36(5)(b) before the end of a period of 18 months beginning with the day specified under subsection (1). 4 The Commission must, in relation to a review it conducts under section 26 or 32, use its best endeavours to publish its further report on the review in accordance with section 36(5)(b) before the end of a period of 24 months beginning with the day specified under subsection (1). 5 A principal council must, in relation to a review it conducts under section 25 or 31, use its best endeavours to publish its further report on the review in accordance with section 36(5)(b) before the end of a period of 24 months beginning with the day specified under subsection (1). 6 If a reviewing body fails to comply with a duty imposed by this section in relation to a review, the body’s failure to comply does not affect the validity of the review for the purposes of this Act. CHAPTER 5 IMPLEMENTATION FOLLOWING REVIEW Implementation by the Welsh Ministers Implementation by the Welsh Ministers 37 1 The Welsh Ministers may, after receiving a report containing recommendations from the Commission in relation to a review conducted under section 23, 26, 27, 28 or 29, or a request for implementation of its recommendations under section 39(7)— a by order implement any recommendation, with or without modification, or b decide to take no action on any recommendation . 2 But the Welsh Ministers may only implement a recommendation with modification if— a in a case involving recommendations for change to electoral arrangements for a principal area, they have considered the matters described in section 30 and are satisfied that it is appropriate to make the modification, b in a case involving recommendations for change to electoral arrangements for a community, they have considered the matters described in section 33 and are satisfied that it is appropriate to make the modification, and c in any case, they are satisfied that the modification is in the interests of effective and convenient local government. 2A The Welsh Ministers must not, in any period of 6 months preceding the day of an ordinary council election under section 26 of the 1972 Act (elections of councillors), exercise their functions under subsection (1). 3A The Welsh Ministers must not exercise their functions under subsection (1) before the end of the period of 6 weeks beginning with the day on which the Welsh Ministers receive the recommendations. 3B In exercising their functions under subsection (1), the Welsh Ministers must have regard to any representations made by any person on the recommendations and received by the Welsh Ministers during the period of 6 weeks beginning with the day on which the Welsh Ministers receive the recommendations. 4 The Commission must provide the Welsh Ministers with such further information in relation to its recommendations as the Welsh Ministers may reasonably require. 5 The Welsh Ministers must use their best endeavours to make a decision on each recommendation received by them, of the kind described in subsection (1), before the end of a period of 3 months beginning at the end of the period specified by subsection (3A). 6 The Welsh Ministers must publish a statement setting out their decision in respect of each recommendation; and the date on which the statement is published is to be treated as the date of the decision for the purposes of subsection (5). 7 If the Welsh Ministers fail to comply with the duty in subsection (5), the failure to comply does not affect the validity of any order under subsection (1)(a) or any decision to take no action under subsection (1)(b). Non-ministerial implementation Implementation of community boundary change 38 1 The Commission may, after receiving a report containing recommendations for change from a principal council in relation to a review conducted under section 25— a by order implement the recommendations without modification, b by order implement the recommendations with such modification as may be agreed with the principal council, or c in the circumstances described in section 26(2)(b)(ii) or (iii), conduct its own review. 2A The Commission must not exercise its functions under subsection (1) before the end of the period of 6 weeks beginning with the day on which the Commission receives the recommendations. 2B In exercising its functions under subsection (1), the Commission must have regard to any representations made by any person on the recommendations and received by the Commission during the period of 6 weeks beginning with the day on which the Commission receive the recommendations. 3 An order under subsection (1) which contains changes to the electoral arrangements of a principal area may be made only with the consent of the Welsh Ministers. 4 The principal council which made the recommendations must provide the Commission with such further information in relation to the recommendations or the procedure followed as it may reasonably require. 5 The Commission must use its best endeavours to make a decision on each recommendation received by it, of the kind described in subsection (1), before the end of a period of 3 months beginning at the end of the period specified by subsection (2A). 6 The Commission must publish a statement setting out its decision in respect of each recommendation; and the date on which the statement is published is to be treated as the date of the decision. 7 If the Commission fails to comply with the duty in subsection (5), the failure to comply does not affect the validity of any order under subsection (1)(a) or (b) or any review under subsection (1)(c). Implementation of community electoral arrangements change 39 1 A principal council may by order implement the changes described in a report prepared by the council under section 36(4). 2 No order may be made under subsection (1) until the expiry of a period of 6 weeks beginning with the date on which the principal council published its report. 3 A principal council may, after receiving a report containing recommendations for change from the Commission in relation to a review under section 32— a by order implement the recommendations without modification, b by order implement the recommendations with such modification as may be agreed with the Commission, c decide to take no action and notify the Commission accordingly. 4A The Council must not exercise its functions under subsection (3) before the end of the period of 6 weeks beginning with the day on which the Council receives the recommendations. 4B In exercising its functions under subsection (1) or (3), the Council must have regard to any representations made by any person on the recommendations and received by the Council during the period of 6 weeks beginning with the date on which the Council publishes the report (for functions in subsection (1)) or receives the recommendations (for functions under subsection (3)). 4C The principal council must use its best endeavours to make a decision on each recommendation received by it, of the kind described in subsection (3), before the end of a period of 3 months beginning at the end of the period specified by subsection (4A). 4D The principal council must publish a statement setting out its decision in respect of each recommendation; and the date on which the statement is published is to be treated as the date of the decision. 4E If a principal council fails to comply with the duty in subsection (4C), the failure to comply does not affect the validity of any order under subsection (3)(a) or (b) or any decision or notification under subsection (3)(c). 5 An order under subsection (1) or (3) which contains changes to the electoral arrangements of a principal area may be made only with the consent of the Welsh Ministers. 6 Subsection (7) applies where— a the principal council has notified the Commission that it does not intend to take any action in respect of the recommendations, or b the principal council has not made an order (with or without modification) within the period of 3 months beginning with the end of period specified by subsection (4C) . 7 The Commission may request the Welsh Ministers implement the recommendations under section 37. Further provision about implementation and implementation orders Implementation orders: consequential provision 40 1 An order made by the Welsh Ministers, the Commission or a principal council under section 37, 38, 39 or 43 may make such incidental, consequential, supplemental or transitional provision as they consider necessary or expedient. 2 Such orders may, in particular, make provision about— a the name of any altered area or electoral ward; b the total number of councillors, the apportionment of councillors among electoral wards, the assignment of existing councillors to new or altered electoral wards and the first election of councillors for any new or altered electoral ward; c the holding of a fresh election of councillors for all electoral wards in the local government area in question; d the order of retirement of councillors for an electoral ward; e the constitution, election to and membership of any public body in any area or electoral ward affected by the order; f any of the matters described in section 41(2). 3 Provision of the type described in subsection (2)(c) may only be made in consequence of a change to the electoral arrangements for an area made following a review under Chapter 3. 4 An order made by the Welsh Ministers under section 37 or 43 may apply or modify any enactment or charter. 5 Nothing in this section prejudices the generality of section 71 (orders and regulations). 6 In this section— “ councillor ” means an elected member of a local authority; “ public body ” includes— a local authority, any trustees, commissioners or other persons who, for public purposes and not for their own profit, act under any enactment or instrument for the improvement of any place, for the supply of water to any place, or for providing or maintaining a cemetery or market in any place, and any other authority having powers of levying or issuing a precept for any rate for public purposes. General consequential and transitional provision 41 1 The Welsh Ministers may by regulations make such incidental, consequential, supplemental or transitional provision as they consider necessary or expedient for the purposes of, or in connection with, giving full effect to orders made under section 37, 38, 39 or 43. 2 Regulations under this section may, in particular, make provision about— a the functions, area or jurisdiction in or over an area (or part of an area), of any public body or office within an area (or electoral ward) affected by an order made under this Part; b the costs and expenses of a public body or office affected by such an order; c the transfer of staff of affected public bodies or offices; d the transfer, management or custody of property (whether real or personal) and the transfer of rights and liabilities; e the transfer of legal proceedings. 3 Regulations under this section may apply or modify any enactment or charter. 4 Nothing in this section prejudices the generality of section 71 (orders and regulations). 5 In this section, “ public body ” has the same meaning as it has in section 40(6). Transfers of staff 42 An order under section 37, 38, 39 or 43 or, as the case may be, regulations under section 41 which makes provision about the transfer of staff must include provision to secure that — a a person who is transferred to a new employer remains on terms and conditions not less favourable than those to which the person was subject prior to the transfer until such time as the person— i leaves the employment of the new employer, or ii is served with a statement in writing referring to the order or regulations and specifying new terms and conditions of employment, and b provided the person is engaged in duties reasonably similar to those held immediately prior to the transfer, any new terms and conditions that are specified in a notice under paragraph (a)(ii) are not less favourable than those the person had prior to the transfer. Variation and revocation of orders 43 1 Other than as provided for by this section, orders made under this section or section 37, 38 or 39 may not be varied or revoked by the Welsh Ministers, the Commission or, as the case may be, the principal council . 2 The Welsh Ministers, the Commission or, as the case may be, a principal council may by order vary or revoke— a any provision contained in an order made under this section or section 37, 38 or 39 which is of a type described in section 40(2); b any similar provision contained in an order made under section 67 (consequential and transitional arrangements) or made by virtue of section 255 (transfer of officers) of the 1972 Act. 3 Except as provided for in subsections (4) and (5), an order to vary or revoke provisions of the type described in subsection (2) may be made only by the persons who, or body which, made the order containing the provision to be varied or revoked (“ the original order ”). 4 The Welsh Ministers make make an order under this section where the original order— a was made by the Secretary of State and relates to Wales, or b was made by the National Assembly for Wales (as constituted under the Government of Wales Act 1998). 5 A principal council may make an order under this section where the original order was made by a predecessor council which no longer exists. 6 But an order made in pursuance of subsection (5) may vary or revoke provision in the original order only in so far as it relates to the principal council's area. 7 Before making an order under subsection (2) the Welsh Ministers, the Commission or, as the case may be, the principal council must comply with subsections (8) and (9). 8 The Welsh Ministers, the Commission or, as the case may be, the principal council must — a send a copy of a draft of the order to any local authority or public body they or it consider likely to be affected by the order, b publish the draft order in such manner as they or it consider likely to bring it to the attention of persons who may have an interest in the order, c secure that a copy of the draft order is available for inspection by interested persons at such places as they or it consider appropriate, and d invite representations in relation to the draft order within the period of 2 months beginning on the date of publication under paragraph (b). 9 The Welsh Ministers, the Commission or, as the case may be, the principal council must consider any representations received within the 2 month period and may modify the order in light of such representations. 10 Where the Welsh Ministers, the Commission or, as the case may be, a principal council is satisfied that a mistake has occurred in the preparation of an order under this section or sections 37, 38 or 39 the Welsh Ministers, the Commission or the principal council may by order make such provision as they or it consider necessary or expedient to rectify the mistake. 11 In subsection (10), “ mistake ”, in relation to an order, includes a provision contained in or omitted from the order in reliance on information supplied by any public body which is inaccurate or incomplete. 12 The Welsh Ministers, the Commission or, as the case may be, a principal council may not exercise the power in subsection (10) in relation to an order made by someone else. 12A The Welsh Ministers may by order vary or revoke an order under this section or section 37, 38 or 39 (regardless of whether they made the order) in consequence of regulations under paragraph 9 or 10 of Schedule 1 to the Local Government and Elections (Wales) Act 2021. 13 In this section, “ public body ” has the same meaning as it has in section 40(6). Agreements between public bodies to deal with change Transitional agreements as to property and finance 44 1 Any public body affected by the alteration, abolition or constitution of an area or electoral ward by an order under section 37, 38, 39 or 43 ... may enter into an agreement with another affected public body about— a any property, income, rights or liabilities affected by the change; b any financial relationships between the parties to the agreement; c any expenses of the parties arising in consequence of the change. 2 An agreement under this section may provide— a for the transfer or retention of any property, rights and liabilities, with or without conditions, and for the joint use of any property; b for the making of payments in respect of any property, rights or liabilities transferred or retained, or of such joint use, and in respect of the remuneration or compensation payable to any person; c for the making of any such payment by way of a capital sum or terminable annuity. 3 Where the parties cannot reach agreement on any matter, the matter is to be referred to the arbitration of a single arbitrator agreed on by the parties or, failing such agreement, appointed by the Welsh Ministers. 4 The arbitrator's award may provide for any matter for which an agreement under this section may provide. 5 Any sum which requires to be paid by a public body may be paid— a out of the fund or rate from which the general expenses of the public body are paid, or b out of such other fund or rate as the public body may determine. 6 In this section, “ public body ” has the same meaning as it has in section 40(6). CHAPTER 6 OTHER PROVISION RELEVANT TO LOCAL AUTHORITY BOUNDARIES Police area change 45 1 This section applies where the Commission is conducting a review of one or more principal areas under section 23. 2 In addition to the changes which may be recommended under section 23(3) the Commission may, in connection with any principal area boundary change, recommend such changes to a police area or areas (including changes resulting in a reduction or increase in the number of police areas) as it considers appropriate. 3 The Secretary of State may, after receiving a report containing recommendations from the Commission in relation to a review conducted under section 23— a by order made by statutory instrument implement any recommendations for change to a police area, with or without modification, b if proposing to implement the recommendations with modification, direct the Commission to carry out a further review under section 23 of such principal areas affected by the recommendations as may be specified in the direction, or c decide to take no action in respect of the recommendations. 4 The Commission must comply with a direction under subsection (3)(b). 5 An order made under this section may include— a provision for the police and crime commissioner for a police area affected by the order to become the police and crime commissioner for a police area resulting from the order, b provision for the holding of an election for the police and crime commissioner for any police area resulting from the order, c such incidental, consequential, supplemental or transitional provision as the Secretary of State considers necessary or expedient. 6 An order including provision of the kind mentioned in subsection (5)(b) may require the election in question to be held before the alteration of the police areas takes effect. 7 An order under this section may apply or modify any enactment or charter. 8 An order made under this section may not provide for a principal area to be divided between 2 or more police areas. 9 No order may be made under this section until the expiry of a period of 6 weeks beginning with the date on which the Secretary of State receives the recommendations. Extent of seaward boundaries 46 1 Any part of the sea-shore to the low water-mark forms part of the community or communities which it adjoins in proportion to the extent of the common boundary. 2 Every accretion from the sea (whether natural or artificial) forms part of the community or communities which it adjoins in proportion to the extent of the common boundary. 3 Every accretion or part of the sea-shore forming a part of a community under this section also forms part of the principal area and preserved county in which the community is situated. Boundary change following alteration of water-course 47 1 This section applies where a water-course forms a boundary line between two or more local government areas. 2 If, in the exercise of any power conferred by the Water Resources Act 1991 (c. 57), the Land Drainage Act 1991 (c. 59) or any other enactment, the water-course is altered in any way which affects its character as a boundary line, the person under whose authority the alteration is made must as soon as reasonably practicable give the Welsh Ministers notice of the alteration. 3 The Welsh Ministers may, by order, vary a boundary line to which a notice given under subsection (2) relates by substituting a new boundary line (whether or not consisting wholly or in part of the line of the water-course as altered) for so much of that boundary line as, before the alteration, lay along the line of the water-course. 4 The Welsh Ministers must consult the Commission before making an order under subsection (3). 5 The Welsh Ministers must, in such manner as they consider appropriate, publish notice of any order made under this section. 6 For the purposes of this section, a reference to local government area includes a reference to a preserved county. CHAPTER 7 MISCELLANEOUS PROVISION Directions and guidance relating to Part 3 48 1 The Welsh Ministers may give the Commission directions relating to the exercise of its functions under this Part. 2 In particular, the Welsh Ministers may direct the Commission— a to conduct a review under this Part (regardless of whether in the circumstances the Commission would have the power, or would be subject to a duty, to conduct the review) , aa where the Commission has made recommendations or proposals to the Welsh Ministers, to conduct a further review under this Part, ab to stop conducting a review under this Part, b not to conduct a review under this Part during a period specified in the direction, c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . d to conduct the reviews required under section 29(1) in a different order from that proposed by the Commission in any current programme for electoral arrangements reviews prepared in accordance that section, e to have regard to such particular matters as may be specified in the direction when conducting a review, f to pause a review it conducts under this Part for a period specified in the direction or until a further direction is given. 3 Subsection (1) does not limit the general power of direction under section 14. 4 The Welsh Ministers may give a principal council directions relating to the exercise of its functions under this Part. 5 In particular, the Welsh Ministers may direct a principal council ...— a to conduct a review under section 25 or 31, aa to stop conducting a review under section 25 or 31, ab not to conduct a review under section 25 or 31 during a period specified in the direction, b to have regard to such particular matters as may be specified in the direction when conducting a review, c to pause a review it conducts under this Part for a period specified in the direction or until a further direction is given. 6 A principal council must comply with a direction given by the Welsh Ministers under subsection (4). 7 Directions under this section may relate to a particular review, a type of review or to all reviews. 8 But before making a direction under this section relating to the review of a principal area or its electoral arrangements (or reviews of principal areas or their electoral arrangements generally), the Welsh Ministers must consult the Commission and any association appearing to them to be representative of local authorities. 9 In exercising any function under this Part, the Commission or a principal council must have regard to any guidance issued by the Welsh Ministers. 10 The Welsh Ministers must not use the powers of direction under this Act to pause a review for more than 9 months, whether the pause is one period of 9 months or more than one period totalling 9 months. 11 Any period during which the Commission or a principal council is directed under this Act to pause a review is not to be taken into account for the purpose of calculating the length of the periods mentioned in subsections (2) to (5) of section 36B. Local inquiries 49 1 The Commission or, as the case may be, a principal council, may cause a local inquiry to be held with respect to any review carried out by it under this Part. 2 The Welsh Ministers, the Commission or, as the case may be, a principal council may cause a local inquiry to be held in respect of a draft order prepared under section 43. 3 A person appointed to hold an inquiry may by summons require a person to attend at a time and place specified in the summons— a to give evidence, or b to produce any information relating to any matter in question which is held by, or is under the control of, the person. 4 A person appointed to hold an inquiry may take evidence on oath and for that purpose may administer oaths. 5 A person required to attend under subsection (3) must be paid any reasonably incurred expenses. 6 Despite subsection (3)(b), a person may not be required to produce the title (or any instrument relating to the title) of any land which does not belong to a local authority. 7 A person commits an offence if the person— a refuses or deliberately fails to comply with a requirement of a summons served on the person under subsection (3), b deliberately alters, suppresses, conceals or destroys any information which the person is required to produce under this section. 8 A person guilty of an offence under subsection (7) is liable on summary conviction to a fine not exceeding level 3 on the standard scale or to imprisonment for a term not exceeding 6 months, or to both. 9 The persons or body causing an inquiry to be held under this section may make orders as to— a the costs of the parties at the inquiry, and b the parties by whom the costs are to be paid. 10 An order under subsection (9) may be made a rule of the High Court on the application of a party named in the order. Publication of orders under Part 3 49ZA 1 A principal council must publish and maintain on its website— a a copy of each order it makes under this Part; b a copy of each order relating to its area made by the Commission under this Part; c a copy of, or a link to, each statutory instrument containing an order relating to its area made by the Welsh Ministers under this Part. 2 The Commission must publish and maintain on its website— a a copy of each order made by a principal council under this Part; b a copy of each order the Commission makes under this Part; c a copy of, or a link to, each statutory instrument containing an order made by the Welsh Ministers under this Part; d a copy of, or a link to, each statutory instrument containing an order made by the Secretary of State under this Part. 3 A principal council must send a copy of each order it makes under this Part to the Commission. 4 The Commission must send to a principal council a copy of each order it makes under this Part affecting the area of the principal council. 5 The Welsh Ministers must— a notify a principal council of each order they make under this Part affecting the area of the principal council; b notify the Commission of each order they make under this Part. 6 The duties in subsections (1) and (2) apply to orders made after the coming into force of this section. Publication of up-to-date lists of communities and community councils 49ZB 1 A principal council must publish and maintain on its website an up-to date list of all communities and community councils in its area with their current names. 2 The Commission must publish and maintain on its website an up-to date list of all communities and community councils in Wales with their current names. 3 If a community or community council has different names for the purpose of communication through the medium of the Welsh language and the English language, both names must be included in a list required to be published under this section. PART 3A SENEDD CONSTITUENCY BOUNDARY REVIEWS Senedd constituency boundary reviews 49A 1 The Commission must conduct a Senedd constituency boundary review once in every review period. 2 A Senedd constituency boundary review is a review of the Senedd constituencies for the purpose of determining whether those boundaries should change in order to give effect to the rules set out in section 49C. 3 If in the course of a review the Commission determines that the boundaries of a Senedd constituency should change, the Commission must also determine— a what the names of the affected constituencies should be; b whether each affected constituency should be a county constituency or a borough constituency. 4 But if in the course of a review the Commission determines that, while the boundaries of a Senedd constituency should not change, the name of the constituency or its designation as a county constituency or a borough constituency should change, it may determine— a what the name of the constituency should be; b whether it should be a county constituency or a borough constituency. 5 For the purpose of subsection (1), “ review period ” means— a the period beginning with 1 April 2025 and ending with 30 November 2028, b the period of 8 years beginning with 1 December 2028, and c each subsequent period of 8 years. Notice of commencement of Senedd constituency boundary review 49B 1 As soon as reasonably practicable after commencing a Senedd constituency boundary review, the Commission must publish a notice— a stating that the Commission has commenced a review, and b specifying the date on which the review commenced. 2 In this Part, “ review date ” means the date specified in the notice under subsection (1)(b). Constituency rules 49C 1 The electorate for each Senedd constituency must be— a no less than 90% of the electoral quota, and b no more than 110% of the electoral quota. 2 When considering during a Senedd constituency boundary review whether there should be changes to the Senedd constituencies, and what those changes should be— a the Commission may have regard to— i local government boundaries that exist or are prospective on the review date; ii special geographical considerations, including in particular the size, shape and accessibility of a proposed or existing Senedd constituency; iii any local ties (including local ties connected to the use of the Welsh language) that would be broken by such changes; but b in any event the Commission must— i seek to minimise the amount of change to the Senedd constituencies that exist on the review date, and ii have regard to the inconveniences caused by making changes to the Senedd constituencies. 3 For the purposes of subsection (1)— a the electorate is the total number of local government electors, and b the electoral quota is the electorate of Wales divided by 16 (which is the number of Senedd constituencies), and for the purposes of paragraph (a), a local government elector is a person registered in the relevant version of the register of local government electors at an address within a Senedd constituency. 4 The relevant version of the register of local government electors is the version that is, on the review date, the most recent version published under section 13(1)(a) of the Representation of the People Act 1983 (c. 2) . 5 In the case of a local government boundary that is prospective on the review date, it is that boundary (rather than any existing boundary that it replaces) that must be taken into account under subsection (2)(a)(i). 6 A local government boundary is “prospective” on the review date if, on that date— a it is specified in a provision of— i primary legislation, or ii an instrument made under primary legislation, and b the provision specifying the boundary is not yet in force for all purposes. 7 In subsection (6), “ primary legislation ” means— a an Act enacted under Part 4 of the Government of Wales Act 2006 (c. 32) ; b a Measure enacted under Part 3 of that Act; c an Act of the Parliament of the United Kingdom. Determining the names of the Senedd constituencies 49D 1 Each Senedd constituency must have a single name for the purposes of identifying the constituency in communication through Welsh and English, unless the Commission considers this would be unacceptable (in which case the constituency may have different names for the purposes of identifying it in communication through Welsh and English). 2 Before making its initial report (see section 49E) the Commission must, if it intends to make a proposal relating to the name of a Senedd constituency— a consult the Welsh Language Commissioner on the orthography of the proposed name, and b consider its proposal having regard to any representations from the Commissioner on the orthography of the proposed name. 3 A requirement under this Part to set out the name or proposed name of a Senedd constituency in a report is, where the Commission considers the constituency should have different names for the purposes of identifying it in communication through Welsh and English, a requirement to set out both names— a in the Welsh language version of the report, and b in the English language version of the report. Initial report on boundary review and first period for representations 49E 1 After taking the steps in sections 49B(1) and 49D(2), the Commission must make an initial report setting out— a the Commission’s proposals for change to— i the boundaries of the Senedd constituencies; ii the names of the Senedd constituencies, or b if it does not consider any change appropriate, a statement to that effect. 2 The Commission must— a publish the initial report, b inform any person it considers appropriate of how to access the report, c invite representations on the report, and d notify any person it considers appropriate of the first period for representations. 3 During the first period for representations the Commission must consult the Welsh Language Commissioner. 4 The first period for representations is a period of eight weeks, beginning with the date on which the initial report is published. Publication of, and consultation on, representations 49F 1 At the end of the first period for representations the Commission must publish a document setting out any representations received during that period (including any representations on the initial report made by the Welsh Language Commissioner when consulted under section 49E(3)). 2 The Commission must also— a inform any person it considers appropriate of how to access the document published under subsection (1), b invite representations in respect of the representations set out in the document published under subsection (1), c notify any person it considers appropriate of the second period for representations, and d publish information about the times and places at which public hearings under section 49G will be held and, where hearings are to be held partly in person and partly through the use of remote facilities, specify instructions on how to make representations using remote facilities. 3 The second period for representations is a period of six weeks, beginning with the date on which the document is published under subsection (1). 4 In subsection (2)(d), “ remote facilities ” means any equipment or other facility that enables people who are not in the place where the hearing is being held to make representations at the hearing. Public hearings 49G 1 During the second period for representations, the Commission must hold at least two but no more than five public hearings to enable representations to be made about its proposals. 2 The public hearings must between them cover the whole of Wales. 3 A public hearing must be completed within two days. 4 If a hearing is to be held partly through the use of remote facilities (within the meaning given in section 49F(4)), the remote facilities must enable the people making representations at the hearing but who are not in the place where the hearing is being held to speak to and be heard by (whether or not it enables those people to see and be seen by)— a each other, and b people at the place where the hearing is being held. 5 The Commission must appoint a person to chair each hearing (“the chair”). 6 The chair must determine the procedure that is to govern that hearing. 7 The chair must make arrangements for a public hearing to begin with an explanation of— a the proposals with which the hearing is concerned; b how representations about the proposals may be made. 8 The chair must allow representations to be made— a by each political party that is registered under Part 2 of the Political Parties, Elections and Referendums Act 2000 (c. 41) and either— i has at least one Member of the Senedd, or ii received at least 10% of the votes cast in the most recent general election; b by any other person considered by the chair to have an interest in any of the proposals with which the hearing is concerned (subject to subsection (9)(c)). 9 The chair may— a determine the order in which representations are made; b restrict the amount of time allowed for representations and need not allow the same amount to each person; c if necessary because of shortage of time, determine which of the persons mentioned in subsection (8)(b) are not allowed to make representations. 10 The chair may put questions, or allow questions to be put, to a person making representations at the hearing. 11 If questions are allowed to be put, the chair may regulate the manner of questioning or restrict the number of questions a person may ask. Second report on boundary review and final period for representations 49H 1 At the end of the second period for representations the Commission must— a consider its proposals having regard to the representations made during the first and second periods for representations, and b if, having considered its proposals, it intends to make a proposal that was not set out in the initial report relating to the name of a Senedd constituency— i consult the Welsh Language Commissioner on the orthography of the proposed name, and ii have regard to any representations made by the Commissioner on the orthography of the proposed name. 2 After taking the steps in subsection (1), the Commission must make a second report— a setting out— i the Commission’s proposals for change to the boundaries and names of the Senedd constituencies, or ii if the Commission does not consider any change appropriate, a statement to that effect; b specifying details of any changes the Commission has made to the proposals set out in the initial report, and an explanation of why those changes have been made. 3 The Commission must— a publish the second report, b publish a document— i containing records of the public hearings held under section 49G, and ii setting out any representations (of the kind described in section 49F(2)(b)) received during the second period for representations, c inform any person it considers appropriate of how to access the report and the document published under paragraph (b), d invite representations— i on the report, ii in respect of any representations made during the public hearings, and iii in respect of any representations (of the kind described in section 49F(2)(b)) received during the second period for representations, and e notify any person it considers appropriate of the final period for representations. 4 During the final period for representations the Commission must consult the Welsh Language Commissioner. 5 The final period for representations is a period of four weeks, beginning with the date on which the second report is published. 6 At the end of the final period for representations the Commission must— a publish a document setting out any representations received during that period (including any representations made by the Welsh Language Commissioner, when consulted under subsection (4), on the second report and on the representations mentioned in subsection (3)(d)(ii) and (iii)), b consider its proposals having regard to those representations, and c if, having considered its proposals, it intends to make a proposal that was not set out in the second report relating to the name of a Senedd constituency— i consult the Welsh Language Commissioner on the orthography of the proposed name, and ii have regard to any representations made by the Commissioner on the orthography of the proposed name. Final report on boundary review 49I 1 Before 1 December 2028, and before 1 December every eighth year after that, the Commission must— a make and publish a final report, and b send it to the Welsh Ministers. 2 The final report must— a either— i set out the details of any changes that are required to be made to the Senedd constituencies, or ii state that no alteration is required to be made to the Senedd constituencies, and b specify details of any changes the Commission has made to the proposals set out in the second report, and explain why those changes have been made. 3 If changes are required to be made to the boundaries of Senedd constituencies, the final report must set out— a the boundaries of all the constituencies for which Members of the Senedd are to be returned, b the names of all those constituencies, and c whether each constituency is a county constituency or borough constituency. 4 If the boundaries of a Senedd constituency are not to be changed but a change is required to either or both— a the name of the constituency; b its designation as a county constituency or borough constituency, the final report must set out the change. 5 A failure by the Commission to comply with a deadline in subsection (1) does not invalidate a final report. 6 As soon as reasonably practicable after receiving a final report, the Welsh Ministers must lay it before Senedd Cymru. Implementation of final report by the Welsh Ministers 49J 1 Where a final report sets out changes that are required to be made to the Senedd constituencies, the Welsh Ministers must make regulations giving effect to the determinations in the Commission’s final report— a as soon as reasonably practicable after laying the report before Senedd Cymru, and b in any event, unless there are exceptional circumstances, before the end of the period of four months beginning with the date the report is laid before the Senedd. 2 Where regulations are not made before the end of the period mentioned in subsection (1)(b), the Welsh Ministers must lay a statement before Senedd Cymru setting out the exceptional circumstances. 3 A statement under subsection (2) must be laid before the end of the period of four months beginning with the date the final report is laid before Senedd Cymru. 4 Further statements setting out the exceptional circumstances must be laid before Senedd Cymru before the end of each subsequent period of four weeks beginning with the day on which the previous statement was laid, until the regulations are made. 5 Regulations under this section may make provision for any matters which the Welsh Ministers consider are incidental to, or consequential on, the determinations in the final report. 6 Regulations under this section must be made by statutory instrument. 7 A statutory instrument containing regulations under this section must be laid before Senedd Cymru as soon as reasonably practicable after the regulations are made. 8 The coming into force of the regulations does not affect the return of a Member of the Senedd to Senedd Cymru, or the constitution of Senedd Cymru, until the dissolution of the Senedd in connection with— a the next ordinary general election, or b an extraordinary general election, the poll for which is held— i during the period of one month ending with the day before the day on which the poll for the next ordinary general election would have been held under section 3(1) of the Government of Wales Act 2006 (c. 32) , disregarding paragraphs (a) and (b) of that subsection, or ii on the day on which the poll for the next ordinary general election would have been held under section 3(1) of the Government of Wales Act 2006, disregarding paragraphs (a) and (b) of that subsection. Modification of final report by the Commission 49K 1 This section applies where— a the Welsh Ministers have laid a final report before Senedd Cymru under section 49I(6), b the report sets out changes that are required to be made to the Senedd constituencies, c the Commission considers that the report needs to be modified to correct an error or errors in respect of any of the matters mentioned in section 49I(3) or (4), and d regulations have not yet been made under section 49J. 2 The Commission may send a statement to the Welsh Ministers specifying— a the modifications of the report, and b the reasons for those modifications. 3 The Commission must publish a statement sent to the Welsh Ministers under subsection (2). 4 As soon as reasonably practicable after receiving a statement, the Welsh Ministers must lay it before Senedd Cymru. 5 Where a statement has been sent to the Welsh Ministers, the regulations made under section 49J must give effect to the final report with the modifications specified in the statement. Interpretation of Part 49L 1 In this Part— “ general election ” (“ etholiad cyffredinol ”) means an ordinary general election or an extraordinary general election held under Part 1 of the Government of Wales Act 2006 (c. 32) ; “ local government boundaries ” (“ ffiniau llywodraeth leol ”) are the boundaries of counties, county boroughs, electoral wards, communities and community wards in Wales; “ remote facilities ” (“ cyfleusterau o bell ”) has the meaning given by section 49F(4); “ review date ” (“ dyddiad yr adolygiad ”) has the meaning given by section 49B(2); “ Senedd constituency ” (“ etholaeth Senedd ”) means a constituency provided for in regulations made under section 49J. 2 Where this Part imposes a duty on the Commission to publish a notice, report or other document, the notice, report or other document must be published— a on the Commission’s website, and b in such other manner as the Commission considers appropriate. PART 4 REVIEWS OF PUBLIC BODY MEMBERSHIP Reviews of qualifying public bodies 50 1 The Welsh Ministers may direct the Commission to conduct a review of the membership of one or more specified qualifying public bodies. 2 Where the Commission has conducted a review under this section it must report to the Welsh Ministers on whether it recommends that changes should be made to the public body's membership. 3 A direction under this section may, in particular, require the Commission to— a consider the number of members of the body (or bodies), b consider any categories of membership (including lay membership) and the number of members in each category, c consider the attributes, experiences, skills or qualifications which members should possess, d consider such other matters relevant to the membership as may be specified, e follow such process as may be specified when conducting a review, f prepare its report in such form and manner as may be specified, g have regard to such factors or matters as may be specified. 4 Before giving a direction under this section the Welsh Ministers must consult such persons as they consider appropriate. 5 For the purposes of this section a body is a “qualifying public body” if— a it is not a local authority, b its membership is required under any enactment to include— i a member of a local authority, or ii a person appointed by a local authority, and c it exercises functions that— i have been conferred by an Act or Measure of the National Assembly for Wales, or ii could be conferred by an Act of the National Assembly for Wales. 6 This section does not limit the general power of direction under section 14. PART 5 OTHER CHANGES TO LOCAL GOVERNMENT Presiding members Presiding member of principal council 51 1 The 1972 Act is amended as follows. 2 After section 24 (vice-chairman) insert— Presiding member 24A 1 A principal council may determine to have a presiding member. 2 A presiding member is elected by the principal council from among the councillors. 3 The principal council may determine— a the functions of the presiding member, and b the term of office of the member (subject to the limits in subsection (6)). 4 The functions of the presiding member may, in particular, include any function of the chairman of the principal council in relation to its meetings and proceedings. 5 A member of the executive of a principal council may not be elected as its presiding member. 6 A presiding member is to continue in office until the occurrence of— a the presiding member's resignation or disqualification, b a successor becoming entitled to act as presiding member, c the principal council determining not to have an office of presiding member, or d an ordinary council election under section 26. Deputy presiding member 24B 1 The section applies where a principal council have determined to have a presiding member. 2 The principal council must appoint a member of the council to act as deputy to the presiding member (“the deputy presiding member”). 3 A member of the executive of a principal council may not be appointed as the deputy presiding member. 4 A deputy presiding member is to continue in office until the occurrence of— a the deputy presiding member's resignation or disqualification, b a successor becoming entitled to act as deputy presiding member, c the council determining not to have an office of presiding member, or d an ordinary council election under section 26. 5 A deputy presiding member may do anything authorised or required to be done by the presiding member. . 3 After section 25A insert— Title of civic chair 25B 1 This section applies where— a a principal council have determined to have a presiding member under section 24A, and b the chairman of the council is not entitled to the style of “mayor” or “maer”. 2 The chairman of the council is entitled to the style of “civic chair” or “cadeirydd dinesig”. 3 The vice-chairman of the council is entitled to the style of ”civic vice-chair” or “dirprwy gadeirydd dinesig”. . 4 In section 80(1) (disqualification for election and holding office as member of local authority), in paragraph (a), for “or deputy chairman” substitute “ , deputy chairman, presiding member or deputy presiding member ” . 5 In section 83(1) (declaration of acceptance of office) after “vice-chairman,” insert “ presiding member, deputy presiding member, ” . Private Bills Promoting private Bills 52 1 A principal council may, in accordance with this section, promote a private Bill— a in Parliament; b in the National Assembly for Wales. 2 A principal council may promote a Bill only if satisfied that it is expedient to do so. 3 But a principal council may not promote a Bill (whether under this section or otherwise) for— a the formation, alteration or abolition of any local government area, b the alteration of the status of any local government area, c the alteration of the electoral arrangements for any local government area, d the formation, alteration or abolition of executive arrangements, or e the alteration of arrangements for electing an elected mayor. 4 A resolution of a principal council to promote a Bill under this section must— a be passed at a meeting of the principal council by a majority of the total number of its members, and b be confirmed by a like majority at a further such meeting held as soon as may be after the expiration of 14 days after the Bill has been deposited in Parliament or, as the case may be, introduced in the National Assembly for Wales. 5 A principal council must not hold a meeting under subsection (4) unless the conditions in subsection (6) have been met in relation to that meeting. 6 The conditions are— a that the principal council has given notice of the meeting and its purpose in at least one newspaper circulating in its area, and b that a period of 30 days, beginning with the day after notice was given, has expired. 7 The condition mentioned in subsection (6)(a) is in addition to the notice requirements which ordinarily apply to meetings of a principal council. 8 Where a resolution is not confirmed under subsection (4)(b), the principal council must take all necessary steps to withdraw the Bill. 9 In this section, “ executive arrangements ” has the same meaning as in Part 2 of the Local Government Act 2000 (c. 22). Opposing private Bills 53 1 A local authority may, in accordance with this section, oppose a private Bill— a in Parliament; b in the National Assembly for Wales. 2 A local authority may oppose a Bill only if satisfied that it is expedient to do so. 3 A resolution of a local authority to oppose a Bill under this section must be passed at a meeting of the authority by a majority of the total number of the members of the authority. 4 A local authority must not hold a meeting under subsection (3) unless the conditions in subsection (5) have been met in relation to that meeting. 5 The conditions are— a that the local authority has given notice of the meeting and its purpose in at least one newspaper circulating in its area, and b that a period of 10 days, beginning with the day after notice was given, has expired. 6 The condition mentioned in subsection (5)(a) is in addition to the notice requirements which ordinarily apply to meetings of a local authority. Restriction on payments in relation to promoting or opposing Bills 54 A local authority may not make a payment to any of its members for acting as counsel or agent in promoting or opposing a Bill under section 52 or 53. Access to information Community council websites 55 1 A community council must make available electronically— a information on how to contact it and, if different, its clerk including— i a telephone number; ii a postal address; iii an email address; b information about each of its members, including— i the member's name; ii how the member may be contacted; iii the member's party affiliation (if any); iv the ward which the member represents (where relevant); v any office of the council held by the member; vi any committee of the council to which the member belongs; c the minutes of the proceedings of the council's meetings and (in so far as is reasonably practicable) any documents which are referred to in the minutes; d any audited statement of the council's accounts. 2 Nothing in this section authorises or requires a community council to make available any information that it is prevented from disclosing under any enactment. 3 In carrying out its duties under subsection (1), a community council must have regard to any guidance issued by the Welsh Ministers. 4 The requirement to make available the information listed in subsection (1)(c) and (d) relates only to information produced on or after the coming into force of this section. Requirement to give public notices electronically 56 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Meetings and proceedings of communities 57 In Schedule 12 to the 1972 Act (meetings and proceedings of local authorities)— a in paragraph 26(2)— i in paragraph (a), after “be” where it first occurs insert “ published electronically and ” , ii after paragraph (a) insert— aa any documents relating to the business to be transacted at the meeting must be published electronically (in so far as reasonably practicable), , b after paragraph 26(2) insert— 2A The duty of a community council under sub-paragraph (2)(aa) to publish documents relating to the meeting does not apply where— a the documents relate to business which in the opinion of the council is likely to be transacted in private, or b the disclosure of such documents would be contrary to any enactment. , c in paragraph 30B— i for sub-paragraph (3) substitute— 3 The notice must be given— a in writing (but not in an electronic form), or b in an electronic form which meets the technical requirements set by the principal council under paragraph 30C. , ii in sub-paragraph (7), after “principal council” insert ”or community council”, iii also in sub-paragraph (7), for “council” where it second occurs substitute “ principal council ” , d in paragraph 30C— i for sub-paragraph (1) substitute— 1 For the purposes of paragraph 30B(1), each community council and principal council must provide a facility for notices to be given in electronic form (“electronic notices”). , ii in sub-paragraph (2), for “The council must set” insert “ A principal council must set for its area ” , e in paragraph 30E(7), after paragraph (a) insert— aa by publishing the notice electronically, and . Registers of members' interests 58 1 Section 81 of the Local Government Act 2000 (c.22) (disclosure and registration of members' interests) is amended as follows. 2 In subsection (6)— a the words from “copies” to the end become paragraph (a), and b after that paragraph, insert— b the register mentioned in paragraph (a) is published electronically. . 3 In subsection (7), after paragraph (a)(ii), insert— iii states that the register is available to be viewed electronically, and iv specifies how to access the electronic version, . 4 After subsection (7), insert— 7A For the purposes of this section— a section 83(13) does not apply, and b in relation to a relevant authority which is a community council, the references in this section to a monitoring officer are to be read as references to the proper officer of that council (within the meaning of section 270(3) of the Local Government Act 1972). . Remote attendance at meetings Remote attendance at meetings of principal councils 59 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Democratic services committees Democratic services committees 60 1 After section 11 of the 2011 Measure (local authorities to appoint democratic services committees) insert— Reviews at request of a local authority 11A 1 The democratic services committee of a local authority may, at the request of the authority, review any matter relevant to— a the support and advice available to members of that authority, and b the terms and conditions of office of those members. 2 A democratic services committee must make reports and recommendations to the authority following a review. 3 It is for a democratic services committee to determine how to exercise its functions under this section. 2 In section 19 (reports and recommendations by democratic services committees), after “11(1)(c)” insert “ or 11A(2). ” . Audit committees Audit committees 61 In section 82 of the 2011 Measure (membership), after subsection (6) insert— 7 An audit committee is to be treated as a body to which section 15 of the Local Government and Housing Act 1989 (duty to allocate seats to political groups) applies. . ... Functions relating to payments to members 62 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Functions relating to salaries of heads of paid service 63 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Relevant authorities 64 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Subsequent annual reports 65 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Consultation on draft reports 66 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Publicity requirements in reports 67 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Joint standards committees Joint standards committees 68 1 The Local Government Act 2000 (c.22) is amended as follows. 2 In section 53 (standards committees)— a in subsection (1), for “(referred to in this Part as a standards committee)” substitute “ or, with one or more other relevant authorities, a joint committee ” , b after subsection (1) insert— 1A In this Part, a reference to a “ standards committee ” is a reference to a committee or a joint committee established under subsection (1). , c in subsection (11)— i in the opening words, for “National Assembly for Wales” substitute “ Welsh Ministers ” , ii in paragraph (a), after “authority” insert “ or authorities ” , iii after paragraph (d) insert— da about establishing a standards committee which is a joint committee (including, in particular, provision about any restrictions on the number or types of relevant authority that may establish a joint committee), , iv in paragraph (e), for “such” substitute “ standards ” , d after subsection (12) insert— 13 A relevant authority which is considering establishing a joint committee must have regard to any guidance issued by the Welsh Ministers about establishing joint committees and the circumstances in which it is appropriate to do so. . 3 In section 54 (functions of standards committees)— a in subsection (5), for “National Assembly for Wales” substitute “ Welsh Ministers ” , b after subsection (5) insert— 5A Regulations made under subsection (5) may modify any provision of this Part, or any other enactment relating to a standards committee or to any functions of a standards committee, in relation to cases where a function of a standards committee is exercisable by a joint committee. 5B In subsection (5A) “ enactment ” includes an enactment comprised in subordinate legislation (within the meaning of the Interpretation Act 1978 (c. 30)), whenever passed or made. , c for subsection (7) substitute— 7 A standards committee must, in exercising any of its functions, have regard to any relevant guidance issued by the Welsh Ministers. . 4 In section 106 (Wales)— a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . b in subsection (6), after “section 21A(13)(b)” insert “ or regulations made under section 53(11) or (subject to subsection (6A)) section 54(5) ” , c after subsection (6) insert— 6A Where a statutory instrument contains regulations made under section 54(5) which include provision adding to, replacing or omitting any part of the text of an Act of Parliament or a Measure or Act of the National Assembly for Wales, the instrument may not be made unless a draft of it has been laid before, and approved by a resolution of, the National Assembly for Wales. . Referral of cases relating to conduct 69 1 The Local Government Act 2000 is amended as follows. 2 In section 73 (matters referred to monitoring officers)— a in subsection (2)— i in paragraph (b), after “authority” where it second occurs insert “ , or to the standards committee of another relevant authority, ” , ii after paragraph (b), insert— ba enabling a standards committee of a relevant authority to refer a report or recommendations made by its monitoring officer to the standards committee of another relevant authority, , b for paragraph (c) substitute— c enabling a standards committee of a relevant authority to consider any report or recommendations made or, as the case may be, referred to it by— i a monitoring officer of a relevant authority, or ii the standards committee of another relevant authority. ca the procedure to be followed by a standards committee as respects a report or recommendation made or referred to it, , c in paragraph (d), for “the authority” substitute “ a relevant authority ” , d in subsection (4)— i in paragraph (a), omit “of the authority,”, and ii in paragraph (b), after “the authority” insert “ of which they are a member ” . 3 In section 81 (disclosure and registration of members' interests)— a in subsection (4), after “standards committee” insert “ , or by the standards committee of another relevant authority, ” , b in subsection (5)— i the words from “circumstances” to the end become paragraph (a), and ii after that paragraph, insert— b procedure to be followed for the granting of dispensations. . PART 5A FUNCTIONS RELATING TO PAYMENTS AND PENSIONS Remuneration of authority members Function relating to payments to members 69A 1 For the financial year beginning 1 April 2025 and for each following financial year, the Commission must decide the relevant matters for which a relevant authority— a is required to make payments to members of the authority; b is authorised to make payments to members of the authority. 2 In this Part relevant matters are— a matters relating to the official business of members of relevant authorities; b periods of family absence under Part 2 of the 2011 Measure. 3 When making a decision under subsection (1) the Commission must set for each relevant matter one of the following— a the amount that a relevant authority must pay to a member of the authority; b the maximum amount that a relevant authority may pay to a member of the authority. 4 The Commission may decide that payments in respect of a relevant matter or matters may not be paid to more than a fixed proportion or specified number of the members of a relevant authority. 5 The proportion fixed by the Commission under subsection (4) may not exceed 50% unless the Welsh Ministers give their consent. 6 The number specified by the Commission under subsection (4), expressed as a proportion of the total number of members of a relevant authority, may not exceed 50% unless the Welsh Ministers give their consent. 7 The Commission may set— a the maximum percentage or other rate by which a relevant authority may adjust for a financial year the amounts that had effect in respect of relevant matters for the financial year preceding that year; b an index by reference to which a relevant authority may adjust for a financial year the amounts that had effect in respect of such of the relevant matters for the previous year as the Commission decides. 8 The powers under subsection (7) may be exercised to— a set a rate and an index in relation to the same matter; b set different rates or indices in relation to different matters. 9 When setting an amount under subsection (3), making a determination under subsection (4) or setting a rate or index under subsection (7), the Commission must take into account what it considers will be the likely financial impact of doing so on relevant authorities. 10 The Commission may make different decisions under subsection (1), set different amounts under subsection (3), make different determinations under subsection (4), or set different rates or indices under subsection (7), in relation to relevant authorities of different descriptions or different relevant authorities of the same description. 11 For the purposes of subsection (2) a matter relates to the official business of a member of a relevant authority if it is a matter which a member undertakes— a as a member of a relevant authority, or b as a member of a body to which the member is appointed by, or following nomination by, the relevant authority or a group of bodies including the relevant authority. 12 In this section and in section 69E “ financial year ” means a period of 12 months ending with 31 March. Functions relating to members’ pensions 69B 1 This section applies in relation to members of relevant authorities who— a are not co-opted members, and b are for the time being eligible for membership of a pension scheme in accordance with regulations under section 7 of the Superannuation Act 1972 (c. 11) (local government pension schemes). 2 The Commission must decide the descriptions of members in respect of whom a relevant authority is required to pay a pension (a “relevant pension”). 3 The Commission must decide the relevant matters in respect of which a relevant authority is required to pay a relevant pension. 4 The Commission may make different decisions in relation to relevant authorities of different descriptions or different relevant authorities of the same description. Relevant authorities, members etc. 69C 1 This section applies for the purposes of this Part. 2 An authority is a relevant authority if it is— a a local authority; b a National Park authority for a National Park in Wales; c a Welsh fire and rescue authority, that is an authority in Wales constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 (c. 21) or a scheme to which section 4 of that Act applies; d a corporate joint committee; e a body specified as a relevant authority in regulations made by the Welsh Ministers . 3 A reference to a description of a relevant authority is to be read with subsection (2). 4 “ Member ”, in relation to a relevant authority, includes— a an elected mayor of the authority (within the meaning of section 39(1) of the Local Government Act 2000), b an elected executive member of the authority (within the meaning of section 39(4) of that Act), c a co-opted member of the authority, and d a person who is a member of a sub-committee of a corporate joint committee and is entitled to vote on any question to be decided by that sub-committee. 5 “ Co-opted member ”, in relation to a relevant authority other than a corporate joint committee, means a person who is not a member of the authority (except by virtue of subsection (4)) but— a is a member of a committee or sub-committee of the authority or is a member of, and represents the authority on, a joint committee or joint sub-committee of the authority, and b is entitled to vote on questions for decision at meetings of that committee or sub-committee. 6 A body may only be specified as a relevant authority in regulations under subsection (2)(e) if— a the Welsh Ministers exercise functions in respect of it, b it exercises a function conferred by a Measure or Act of Senedd Cymru, or a function that could be conferred by an Act of Senedd Cymru (including a function that could be conferred only with the consent of a Minister of the Crown), and c its membership includes at least one member of an authority described in subsection (2)(a) to (d). 7 Sections 69A(4), 69B, 69E(4)(d) and 69O do not apply in relation to a relevant authority described in subsection (2)(d) or (e). 8 In this section “ corporate joint committee ” means a committee established by regulations under Part 5 of the Local Government and Elections (Wales) Act 2021 (asc 1) . Functions relating to resettlement payments 69D 1 A resettlement payment is a payment to a person who— a ceases to be a member of a local authority at the end of their term of office, b when in office was a member of a local authority of a description specified in regulations made by the Welsh Ministers, c stands for re-election for membership of the same authority in the ordinary election of the local authority for the term following the term of office, and d is not returned as a member at that election. 2 The Commission must decide— a the circumstances in which a local authority is required to make a resettlement payment; b the circumstances in which a local authority is authorised to make a resettlement payment; c the matters in respect of which a resettlement payment is payable. 3 When making a decision under subsection (2) the Commission must set— a the qualifying conditions for payment; b the amount a local authority is required to pay; c the maximum amount a local authority may pay to a member; d a mechanism by which the amount of payments set under paragraph (b) or (c) may be increased or decreased; e requirements on how payments are to be made (and their frequency). 4 The Commission must make arrangements to review any decision it makes under subsection (2) and, if it thinks appropriate, may revise its decision. 5 When making a decision under this section the Commission must take into account the likely financial impact of its decision on local authorities. 6 When making a decision under subsection (2) the Commission may make different provision in relation to local authority members of different descriptions or different members of the same description. 7 The Commission must make a decision under subsection (2) before each ordinary election of the local authority, beginning with the election that is to be held in May 2027 and must review the decision before each subsequent ordinary election. 8 Subsection (7) applies only if the Welsh Ministers make regulations under subsection (1)(b). Annual remuneration reports in relation to members of relevant authorities 69E 1 The Commission must prepare and publish a report (an “annual remuneration report”) about the exercise of its functions under this Part in respect of each financial year. 2 An annual remuneration report must set out the requirements imposed on relevant authorities by the Commission under sections 69A, 69B and 69D. 3 An annual remuneration report must be published no later than— a 28 February in the financial year before the financial year to which the report relates, or b such later date as the Commission and the Welsh Ministers may agree. 4 An annual remuneration report must set out— a the relevant matters, b the amounts set under section 69A(3), c the proportion or number determined under section 69A(4), d the members or descriptions of members of relevant authorities to or in respect of whom relevant authorities will be required to pay a relevant pension, e the relevant matters in respect of which a relevant pension is payable, f any percentage, rate or index set under section 69A(7) and the relevant matter to which it relates, and g any decision about resettlement payments under section 69D. Supplementary remuneration reports 69F 1 After publishing an annual remuneration report but before publishing the next report, the Commission may prepare and publish one or more supplementary remuneration reports to the annual remuneration report (“a supplementary remuneration report”). 2 The supplementary remuneration report may— a vary the provision made in the annual remuneration report under section 69E(4); b make any provision that the annual remuneration report could have made under section 69E(4). Further provision about annual remuneration reports and supplementary remuneration reports 69G 1 Before publishing an annual remuneration report or a supplementary remuneration report under section 69E or 69F, the Commission must— a send a draft of the report it proposes to make to— i the Welsh Ministers, ii the relevant authorities that are required or authorised by the Commission to make payment to their members in respect of relevant matters, and iii such other persons as the Commission considers appropriate, b publish the draft report as soon as practicable after sending it. 2 When preparing an annual remuneration report or a supplementary remuneration report under section 69E or 69F, the Commission must take into account— a the last annual remuneration report and any supplementary remuneration reports relating to the last annual remuneration report; b representations received about the reports referred to in paragraph (a) and the draft reports referred to in subsection (1). 3 The provisions of an annual or supplementary remuneration report under section 69E or 69F have effect on the date specified for that purpose in the report. 4 But where a supplementary remuneration report contains provision made under section 69F(2) varying a provision made under section 69E(4)(a), (b) or (c), the supplementary remuneration report may specify that the provision is to be treated as having effect up to 3 months earlier than the date of publication of the supplementary remuneration report. Directions to reconsider draft reports 69H 1 The Welsh Ministers may direct the Commission to reconsider a provision of a draft annual or draft supplementary remuneration report. 2 A direction under this section must specify— a the provision, b the reason for giving the direction, and c the date by which the Welsh Ministers require the Commission to respond. 3 The Commission— a must respond to the direction no later than the date specified in the direction; b must not publish the report before responding to the direction. 4 If the Commission decides not to vary the draft report in response to the direction, it must specify in its response the reason for its decision. Commission’s publication and notification duties in relation to reports 69I 1 The Commission must not publish an annual remuneration report under section 69E before the end of the period of 12 weeks beginning with the day on which it sends a draft of the report under section 69G(1)(a)(i). 2 The Commission must not publish a supplementary remuneration report— a before the end of the period of 8 weeks beginning with the day on which it sends a draft of the report in accordance with section 69G(1)(a)(i), or b later than the end of the period of 12 weeks beginning with the day on which it sends a draft of the report in accordance with section 69G(1)(a)(i). 3 Subsections (1) and (2) are subject to section 69H(3)(b) (publishing of report permitted only if Commission has responded to direction). 4 The Commission must publish each annual remuneration report, supplementary remuneration report, and draft report prepared under this Part on its website, and in any other way the Commission considers appropriate. 5 Copies of anything published under subsection (4) may be supplied free of charge or on payment of such fee, not exceeding the cost of supplying the copy, as the Commission may determine. 6 As soon as reasonably practicable after publishing an annual remuneration report or supplementary remuneration report, the Commission must notify the persons it considers likely to be affected by it of how they can access the report or obtain a copy of it. Administrative requirements for relevant authorities in reports 69J 1 An annual remuneration report may include the Commission’s requirements for— a avoiding duplication of— i payments in respect of relevant matters, and ii requests for payment in respect of the same relevant matters under section 69A(2)(a); b keeping records of— i requests for payments in respect of relevant matters; ii payments made in respect of relevant matters; iii payments made in respect of relevant pensions; iv resettlement payments made under section 69D. 2 An annual remuneration report must set out the Commission’s requirements in relation to how a relevant authority determines which relevant authority is required to make a payment in a case where a member of a relevant authority does something— a for which a payment in respect of a relevant matter must be made, and b which relates to another relevant authority (as well as the authority to which the member belongs). Publishing requirements for relevant authorities in reports 69K 1 An annual remuneration report may set out the Commission’s requirements for relevant authorities to publish information about— a payments made in respect of relevant matters; b payments made in respect of relevant pensions; c resettlement payments made under section 69D; d other payments made to members of relevant authorities from other public bodies. 2 For the purposes of sub-paragraph (1)(d), a “public body” is— a a local health board; b a police and crime panel; c a relevant authority; d a body designated as a public body in regulations made by the Welsh Ministers. 3 The Commission may require different publishing arrangements to be made by authorities of different descriptions or different authorities of the same description. Monitoring compliance with Commission’s requirements 69L 1 A relevant authority must comply with any requirement set out in an annual remuneration report or supplementary remuneration report. 2 The Commission may monitor the making of payments by relevant authorities in respect of relevant matters; and may require a relevant authority to provide it with information about— a the matters which are relevant matters in relation to the authority; b requests to the authority for payments in respect of relevant matters; c payments made by the authority in respect of relevant matters. 3 The Commission may monitor the making of payments by relevant authorities in respect of relevant pensions and may require a relevant authority to provide it with information about— a the members of the authority to or in respect of whom the authority is required to pay relevant pensions; b payments made by the authority in respect of relevant pensions. 4 The Commission may monitor the making of resettlement payments by local authorities and may require a local authority to provide it with information about— a the former members of the local authority to or in respect of whom the authority is required to pay a resettlement payment; b resettlement payments made by the local authority. Directions to enforce compliance with Commission’s requirements 69M 1 If the Welsh Ministers are satisfied that a relevant authority has failed to comply with a requirement in an annual or supplementary remuneration report made under this Part, they may direct the authority to comply with the requirement. 2 A direction under this section must specify— a the requirement; b the reason for giving the direction; c the steps that the Welsh Ministers require the authority to take; d the date by which the Welsh Ministers require the authority to take the steps. Members wishing to forgo payments 69N 1 This section applies if a person elects, by notice in writing given to the proper officer of the authority, to forgo (either completely or to the extent specified in the notice) entitlement to payments in respect of the relevant matters, or resettlement payment, specified in the notice. 2 The requirement imposed on the authority by section 69A and 69D to make payments specified in the notice does not apply in the case of that member (or does not apply to the extent specified in the notice). 3 In this section “ proper officer ” has the meaning given in section 270(3) of the 1972 Act. Withholding payments 69O 1 A relevant authority must not make payments in respect of relevant matters or a relevant pension to a person who is— a suspended or partially suspended from being a member of the authority by virtue of Part 3 of the Local Government Act 2000 (c. 22) (conduct of local government members etc.); b prevented from acting in the office of a member of a local authority in Wales under section 80A(6) of the 1972 Act (disqualification). 2 A local authority must not make a resettlement payment to a person who is prevented from acting in the office of a member of a local authority in Wales under section 80A(6) of the 1972 Act. 3 The Welsh Ministers may, in cases they consider appropriate, direct a relevant authority not to— a make payments (including in respect of pensions) in respect of the relevant matters specified in the direction; b make a resettlement payment. 4 Before giving a direction under subsection (3), the Welsh Ministers must consult the Commission. 5 A relevant authority may require a person to repay payments made in respect of relevant matters or a relevant pension to a person in respect of a period during which the person was not entitled to receive the payment for any reason, including (but not limited to) the following reasons— a the payments were made in breach of subsection (1); b the payments were made in breach of a direction under subsection (3)(a); c the person had ceased to be a member of the authority. 6 A local authority may require a person to repay a resettlement payment made under section 69D where the person was not entitled to receive the payment for any reason, including (but not limited to) the following reasons— a the payment was made in breach of subsection (2); b the payment was made in breach of a direction under subsection (3)(b). Guidance 69P 1 The Commission may issue guidance to relevant authorities about how to comply with requirements imposed under this Part. 2 The Welsh Ministers may issue guidance to the Commission about the Commission’s functions under this Part. 3 The powers of the Commission and the Welsh Ministers to issue guidance under subsections (1) and (2) includes the power to vary or revoke guidance given. 4 A relevant authority, or the Commission as the case may be, must have regard to guidance given under this section. Directions under this Part 69Q 1 A direction given under section 69M and 69O is enforceable by mandatory order on the application of the Welsh Ministers. 2 The power to give directions under this Part does not limit the general power of direction under section 14. Power to modify provision 69R The Welsh Ministers may by regulations make modifications of this Part so as to add, vary or omit provision conferring or imposing a function on the Commission. PART 6 MISCELLANEOUS AND GENERAL PROVISION Directions 70ZA A direction given by the Welsh Ministers under this Act must be given in writing. Ancillary provision 70 1 The Welsh Ministers may by order make such incidental, consequential, supplemental, transitional, transitory or savings provision as they consider appropriate for the purposes of, or in connection with, giving full effect to, any provision made by or under this Act. 2 An order under this section may modify this or any other enactment. Orders and regulations 71 1 Any power of the Welsh Ministers to make an order or regulations under this Act (other than an order under section 47) is exercisable by statutory instrument and includes power to— a make incidental, consequential, supplemental, transitional, transitory or savings provision as the Welsh Ministers consider necessary or expedient for the purposes of, or in connection with, this Act, b modify any enactment (including this Act), and c make different provision for different purposes and areas. 2 A statutory instrument which contains— a an order under section 34(3)(e) or 70(1), b an order under section 37(1) which includes provision altering the area of a principal council or a preserved county ..., ... ba regulations under section 20E(3)(c), bb regulations under section 29(3A), bc regulations under section 31(A3), c regulations under section 41(1), d regulations under section 69C(2)(e), 69D(1)(b) or 69K(2)(d), is to be subject to annulment in pursuance of a resolution of the National Assembly for Wales. 3 Despite subsection (2), any statutory instrument containing an order or regulations made under this Act which includes provision adding to, replacing or omitting any part of the text of an Act of Parliament or a Measure or Act of the National Assembly for Wales is not to be made until a draft of the instrument has been laid before, and approved by resolution of, the National Assembly for Wales. 4 This section does not apply to an order made under section 45 or 75 , or regulations made under section 49J . Interpretation 72 1 In this Act, unless the context otherwise requires— “ 1972 Act ” means the Local Government Act 1972 (c. 70), “ 2011 Measure ” means the Local Government (Wales) Measure 2011 (nawm 4), “community meeting” is a meeting of the local government electors for a community convened under section 27(1) of the 1972 Act, “ enactment ” means any of the following or a provision of any of the following— an Act or Measure of Senedd Cymru; an Act of the Parliament of the United Kingdom; any subordinate legislation. “ local authority ” means a principal council or a community council, “ local government area ” means a principal area or a community, “ member of a UK legislature ” means— a Member of the Senedd; a member of the House of Commons; a member of the House of Lords; a member of the Scottish Parliament; a member of the Northern Ireland Assembly, “ modify ”, in relation to an enactment, includes amend or repeal, “ principal area ” means a county or a county borough in Wales, “ principal council ” means a county council or a county borough council in Wales. “ registered political party ” means a party registered under Part 2 of the Political Parties, Elections and Referendums Act 2000 (c. 41) , “special adviser” means a special adviser within the meaning of— Chapter 1 of Part 1 of the Constitutional Reform and Governance Act 2010 (c. 25) , or section 1 of the Civil Service (Special Advisers) Act (Northern Ireland) 2013 (c. 8 (N.I.)) . 2 Schedule 3 (index of defined expressions) has effect. Minor and consequential amendments and repeals 73 1 Schedule 1 (which makes minor and consequential amendments) has effect. 2 Schedule 2 (which contains repeals of legislation) has effect. Ongoing reviews and other savings 74 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Any regulations made under section 67 of the 1972 Act (regulations in connection with implementation of recommendations and proposals under Part 4 of that Act) which are in force at the date of commencement of this section are to have effect in relation to orders under Part 3 of this Act (orders implementing changes following reviews) as if those orders were made under Part 4 of the 1972 Act. 4 Subsection (3) has effect only in so far as any regulations made under section 41 of this Act do not make provision to the contrary. Commencement 75 1 The following provisions come into force on the day on which this Act receives Royal Assent— a section 1; b section 70; c section 71; d section 72 (and Schedule 3); e this section; f section 76. 2 The following provisions come into force at the end of the period of 2 months beginning with the day on which this Act receives Royal Assent— a Part 2; b Part 3; c Part 4; d Sections 51 to 54, 59 to 62, 64 to 67, 73 (and Schedules 1 and 2) and section 74. 3 The remaining provisions of this Act come into force on a day appointed by order made by statutory instrument made by the Welsh Ministers. 4 An order under this section— a may appoint different days for different purposes, and b may include such transitional, transitory or savings provision as the Welsh Ministers consider necessary or expedient. Short title 76 The short title of this Act is the Democracy and Boundary Commission Cymru etc. Act 2013 . SCHEDULE 1 Minor and consequential amendments (as introduced by section 73(1)) Local Government Act 1972 (c. 70) 1 1 The 1972 Act is amended as follows. 2 In section 25(2) (term of office and retirement of councillors), after “Part IV of this Act” insert “ or Part 3 of the Local Government (Democracy) (Wales) Act 2013 (anaw 4) ” . 3 In section 30 (restriction on community applications during and after reviews)— a in subsection (1), after paragraph (b) insert— ba during the period of two years beginning with the coming into force of an order relating to the community under Part 3 of the Local Government (Democracy) (Wales) Act 2013 consequent on recommendations made under that Part by the Local Democracy and Boundary Commission for Wales , b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 In section 31(2) (supplementary provision about community council orders), for the words from “68” to the end substitute “ 44 of the Local Government (Democracy) (Wales) Act 2013 is to apply as if the order were made under Part 3 of that Act. ” . 5 In section 70 (restriction on promotion of Bills for changing local government areas, etc. ) — a in subsection (1), after “local authority” insert “ in England ” , b in subsection (3), after “local authority” insert “ in England ” . 6 In section 73(1) (alteration of local boundaries consequent on alteration of water-course), after “local government” insert “ in England ” . 7 In section 74 (change of name of county, district or London borough)— a in subsection (3)(a), for “the Secretary of State” substitute “ the relevant Minister ” , b in subsection (3)(b), for “the Secretary of State” substitute “ the relevant Minister ” , c after subsection (3) insert— 3A Where any change of name under this section relates to a Welsh principal area, notice must also be sent to the Local Democracy and Boundary Commission for Wales. . d after subsection (7) insert— 8 In this section the “relevant Minister” is— a in relation to the change of name of a Welsh principal area, the Welsh Ministers, and b in relation to any other change of name, the Secretary of State. . 8 In section 76(2)(a) (change of name of a community), for “Secretary of State,” substitute “ Welsh Ministers, to the Local Democracy and Boundary Commission for Wales, ” . 9 In section 246(9) (preservation of powers, privileges and rights of existing cities or boroughs), for “Part IV of this Act” substitute “ Part 3 of the Local Government (Democracy) (Wales) Act 2013 ” . 10 In section 239(1) (power to promote or oppose local or personal Bills)— a for “local authority, other than a parish or community council” substitute “ local authority in England, other than a parish council ” , and b after “local authority” where it second occurs, insert “ in England ” . Police Act 1996 (c. 16) 2 In section 1(2)(a) of the Police Act 1996 (police areas), for “section 58 of the Local Government Act 1972,” substitute “ section 45 of the Local Government (Democracy) (Wales) Act 2013, ” . ... 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Police Reform and Social Responsibility Act 2011 (c. 13) 5 In section 72(3) of the Police Reform and Social Responsibility Act 2011 (amendment of police areas: term of office of commissioner), for paragraph (c) substitute— c an order under section 45 of the Local Government (Democracy) (Wales) Act 2013 (anaw 4) (recommendations for changes to police areas) which alters the boundary of any police area in Wales; . Local Government Byelaws (Wales) Act 2012 (anaw 2) 6 In paragraph 9 of Schedule 2 to the Local Government Byelaws (Wales) Act 2012 (minor and consequential amendments), in sub-paragraph (4), for “236A (alternative procedure for certain byelaws)” substitute “ 236B (revocation of byelaws) ” . SCHEDULE 2 Repeals (as introduced by section 73(2)) The enactments mentioned in the first column are repealed to the extent set out in the second column. TABLE 1 Enactment Extent of Repeal Local Government Act 1972 (c. 70) Section 22(5). Section 24(4). Section 30(1)(b). In section 30(3), the words “under Part IV of this Act”. Section 34(5). Section 53. Section 54. Section 55. Section 56. Section 57. Section 57A. Section 58. Section 59. Section 60. Section 61. Section 65. Section 67. Section 68. Section 69. Section 71. Section 72(1)(b) and (2A). In section 73(2), the words “or the Welsh Commission, as the case may require,”. In section 78(1), the definitions of “electoral arrangements” and “substantive change”. Section 78(2). In section 270(1), the definition of the “Welsh Commission”. Schedule 8. Schedule 11. Local Government Boundary Commission for Wales (Accounts, Audit and Reports) Order 2003 ( S.I. 2003/749) The whole instrument. Local Government (Wales) Measure 2011 (nawm 4) Section 4(8). In section 4(10), the definition of “co-opted member”. Section 167. SCHEDULE 3 Index of defined expressions (introduced by section 72(2)) The expressions listed in the first column are defined by or (as the case may be) are to be interpreted in accordance with the provisions of this Act listed in the second column in relation to those expressions. TABLE 2 Expression Relevant provision 1972 Act ( Deddf 1972 ) Section 72(1) 1983 Act ( Deddf 1983 ) section 20I 2011 Measure ( Mesur 2011 ) Section 72(1) Annual remuneration report ( Adroddiad blynyddol ar dâl ) Section 69E Appropriate implementing authority ( Awdurdod gweithredu priodol ) Section 36(6) Assistant Commissioner ( Comisiynydd Cynorthwyol ) Section 11(1) Chairing member ( Aelod cadeirio ) Section 4(1)(a) Community boundary change ( Newid i ffin cymuned ) Section 23(4)(a) Community council change ( Newid i gyngor cymuned ) Section 23(4)(b) Community meeting ( Cyfarfod cymunedol ) Section 72(1) Devolved referendums ( Refferenda datganoledig ) section 20I Electoral arrangements for community ( Trefniadau etholiadol ar gyfer cymuned ) Section 31(7) Electoral arrangements for principal area ( Trefniadau etholiadol ar gyfer prif ardal ) Section 29(9) Electoral arrangements change ( Newid i drefniadau etholiadol ) Section 23(4)(c) Electoral registration officer ( Swyddog cofrestru etholiadol ) section 20I Electoral ward ( Ward etholiadol ) Section 29(11) Enactment ( Deddfiad ) Section 72(1) Executive arrangements ( Trefniadau gweithrediaeth ) Section 52(9) Expert ( Arbenigwr ) Section 10(1) General election ( Etholiad cyffredinol ) Section 49L(1) Local authority ( Awdurdod lleol ) Section 72(1) Local government area ( Ardal llywodraeth leol ) Section 72(1) Local government boundaries ( Ffiniau llywodraeth leol ) Section 49L(1) Local government elections ( Etholiadau llywodraeth leol ) section 20I Local government elector ( Etholwr llywodraeth leol ) Section 30 or the purposes of Part 3 and section 49C(3) for the purposes of Part 3A Mandatory consultees ( Ymgyngoreion gorfodol ) Section 34(3) Member of a UK legislature” ( Aelod o un o ddeddfwrfeydd y DU ) Section 72(1) Modify ( Addasu ) Section 72(1) Multiple member area ( Ardal amlaelod ) Section 29(11) Preserved county ( Sir wedi ei chadw ) Section 27(4) Preserved county change ( Newi i sir wedi ei chadw ) Section 23(4)(d) Principal area ( Prif ardal ) Section 72(1) Principal council ( Prif gyngor ) Section 72(1) Principal area boundary change ( Newid i ffin prif ardal ) Section 23(4)(e) Public body ( Corff cyhoeddus ) Section 40(6) Qualifying public body ( Corff cyhoeddus cymwys ) Section 50(5) Registered political party ( Plaid wleidyddol gofrestredig ) Section 72(1) Relevant authority ( Awdurdod perthnasol ) Section 69C Relevant pension ( Pensiwn perthnasol ) Section 69B Remote facilities ( Cyfleusterau o bell Section 49F(4) Reserved election ( Etholiad a gedwir yn ôl) section 20I Resettlement payment ( Taliad ailsefydlu ) Section 69D Returning officer ( Swyddog canlyniadau ) section 20I Review date ( Dyddiad yr adolygiad ) Section 49B(2) Senedd constituency ( Etholaeth Senedd ) Section 49L(1) Single member area ( Ardal un aelod ) Section 29(11) Special adviser ( Cynghorydd arbennig ) Section 72(1) Supplementary remuneration report ( Adroddiad atodol ar dâl ) Section 69F The Commission ( Y Comisiwn ) Section 2 Welsh elections and referendums ( Etholiadau a refferenda Cymreig ) section 20A(4) S. 55 in force at 1.5.2015 by S.I. 2015/1182 , art. 2(a) S. 57 in force at 1.5.2015 by S.I. 2015/1182 , art. 2(c) S. 58 in force at 1.5.2015 by S.I. 2015/1182 , art. 2(d) S. 68 in force at 1.5.2015 by S.I. 2015/1182 , art. 2(e) S. 69 in force at 1.5.2015 by S.I. 2015/1182 , art. 2(f) S. 29(2) excluded (26.11.2015) by Local Government (Wales) Act 2015 (anaw 6) , ss. 21(5) , 46(2) S. 29(3): power to amend (26.11.2015) conferred by Local Government (Wales) Act 2015 (anaw 6) , ss. 24 , 46(2) S. 29(3): power to amend conferred (21.1.2021) by Local Government and Elections (Wales) Act 2021 (asc 1) , ss. 138(6) , 175(1)(f) (2) S. 29(8) excluded (21.1.2021) by Local Government and Elections (Wales) Act 2021 (asc 1) , s. 175(1)(f) (2) , Sch. 1 para. 8(5) S. 23(4)(e)(ii) omitted (21.1.2021) by virtue of Local Government and Elections (Wales) Act 2021 (asc 1) , ss. 150(2)(a) , 175(1)(f) (2) S. 23(4)(e)(iii) omitted (21.1.2021) by virtue of Local Government and Elections (Wales) Act 2021 (asc 1) , ss. 150(2)(a) , 175(1)(f) (2) S. 43(12A) inserted (21.1.2021) by Local Government and Elections (Wales) Act 2021 (asc 1) , s. 175(1)(f) (2) , Sch. 1 para. 14 Words in s. 71(2)(b) omitted (21.1.2021) by virtue of Local Government and Elections (Wales) Act 2021 (asc 1) , ss. 150(2)(d) , 175(1)(f) (2) S. 34(3)(ba) inserted (20.3.2021) by Local Government and Elections (Wales) Act 2021 (asc 1) , ss. 166(4) , 175(3)(r) Words in s. 4(3)(c) omitted (1.4.2021) by virtue of Local Government and Elections (Wales) Act 2021 (asc 1) , ss. 163(6) , 175(7) ; S.I. 2021/231 , reg. 3(a) Words in s. 11(2)(c) omitted (1.4.2021) by virtue of Local Government and Elections (Wales) Act 2021 (asc 1) , ss. 163(6) , 175(7) ; S.I. 2021/231 , reg. 3(a) S. 8(2A) inserted (1.4.2021) by Local Government and Elections (Wales) Act 2021 (asc 1) , ss. 163(3) , 175(7) ; S.I. 2021/231 , reg. 3(a) S. 8(4)(5) inserted (1.4.2021) by Local Government and Elections (Wales) Act 2021 (asc 1) , ss. 163(5) , 175(7) ; S.I. 2021/231 , reg. 3(a) Word in s. 8(2) substituted (1.4.2021) by Local Government and Elections (Wales) Act 2021 (asc 1) , ss. 163(2)(a) , 175(7) ; S.I. 2021/231 , reg. 3(a) Word in s. 8(2) substituted (1.4.2021) by Local Government and Elections (Wales) Act 2021 (asc 1) , ss. 163(2)(b) , 175(7) ; S.I. 2021/231 , reg. 3(a) Words in s. 8(3) inserted (1.4.2021) by Local Government and Elections (Wales) Act 2021 (asc 1) , ss. 163(4) , 175(7) ; S.I. 2021/231 , reg. 3(a) Words in s. 44(1) omitted (1.4.2021) by virtue of Local Government and Elections (Wales) Act 2021 (asc 1) , ss. 150(2)(b) , 175(7) ; S.I. 2021/297 , reg. 2(d) S. 48(2)(c) omitted (1.4.2021) by virtue of Local Government and Elections (Wales) Act 2021 (asc 1) , ss. 150(2)(c) , 175(7) ; S.I. 2021/297 , reg. 2(d) S. 48(2)(aa)(ab) inserted (1.4.2021) by Local Government and Elections (Wales) Act 2021 (asc 1) , ss. 164(2)(b) , 175(7) ; S.I. 2021/231 , reg. 3(b) Words in s. 48(2)(a) substituted (1.4.2021) by Local Government and Elections (Wales) Act 2021 (asc 1) , ss. 164(2)(a) , 175(7) ; S.I. 2021/231 , reg. 3(b) Words in s. 48(2)(b) substituted (1.4.2021) by Local Government and Elections (Wales) Act 2021 (asc 1) , ss. 164(2)(c) , 175(7) ; S.I. 2021/231 , reg. 3(b) Word in s. 48(5) omitted (1.4.2021) by virtue of Local Government and Elections (Wales) Act 2021 (asc 1) , ss. 164(3)(a) , 175(7) ; S.I. 2021/231 , reg. 3(b) Word in s. 48(5)(a) inserted (1.4.2021) by Local Government and Elections (Wales) Act 2021 (asc 1) , ss. 164(3)(b) , 175(7) ; S.I. 2021/231 , reg. 3(b) S. 48(5)(aa) (ab) inserted (1.4.2021) by Local Government and Elections (Wales) Act 2021 (asc 1) , ss. 164(3)(c) , 175(7) ; S.I. 2021/231 , reg. 3(b) Word in s. 48(5)(b) inserted (1.4.2021) by Local Government and Elections (Wales) Act 2021 (asc 1) , ss. 164(3)(d) , 175(7) ; S.I. 2021/231 , reg. 3(b) S. 56 omitted (coming into force in accordance with reg. 1(2) of the amending S.I.) by virtue of The Local Government and Elections (Wales) Act 2021 (Consequential Amendments and Miscellaneous Provisions) Regulations 2021 (S.I. 2021/356) , regs. 1(2) , 4 (with regs. 10 , 11 ) S. 59 omitted (1.5.2021) by virtue of Local Government and Elections (Wales) Act 2021 (asc 1) , s. 175(7) , Sch. 4 para. 23(3) ; S.I. 2021/354 , reg. 2(c) S. 68(4)(a) omitted (5.5.2022) by virtue of Local Government and Elections (Wales) Act 2021 (asc 1) , ss. 62(5) , 175(7) ; S.I. 2021/231 , art. 6(l) Short Title substituted (25.6.2024) by virtue of Senedd Cymru (Members and Elections) Act 2024 (asc 4) , ss. 11(1) , 25(1)(a) Pt. 2 heading substituted (25.6.2024) by Senedd Cymru (Members and Elections) Act 2024 (asc 4) , s. 25(1)(a) , Sch. 1 para. 44(3) S. 2 heading substituted (25.6.2024) by Senedd Cymru (Members and Elections) Act 2024 (asc 4) , ss. 12(1)(c) , 25(1)(a) Sch. 1 para. 3 and cross-heading omitted (25.6.2024) by virtue of Senedd Cymru (Members and Elections) Act 2024 (asc 4) , s. 25(1)(a) , Sch. 1 para. 44(4)(b) Sch. 1 para. 4 and cross-heading omitted (25.6.2024) by virtue of Senedd Cymru (Members and Elections) Act 2024 (asc 4) , s. 25(1)(a) , Sch. 1 para. 44(4)(b) Words in Sch. 3 Table 2 inserted (25.6.2024) by Senedd Cymru (Members and Elections) Act 2024 (asc 4) , ss. 14(4)(a) , 25(1)(a) Words in Sch. 3 Table 2 inserted (25.6.2024) by Senedd Cymru (Members and Elections) Act 2024 (asc 4) , ss. 14(4)(b) , 25(1)(a) Words in Sch. 3 Table 2 inserted (25.6.2024) by Senedd Cymru (Members and Elections) Act 2024 (asc 4) , ss. 14(4)(c) , 25(1)(a) S. 1(2) substituted (25.6.2024) by Senedd Cymru (Members and Elections) Act 2024 (asc 4) , s. 25(1)(a) , Sch. 1 para. 44(2) S. 2(3) inserted (25.6.2024) by Senedd Cymru (Members and Elections) Act 2024 (asc 4) , ss. 12(1)(b) , 25(1)(a) S. 2(2) omitted (25.6.2024) by virtue of Senedd Cymru (Members and Elections) Act 2024 (asc 4) , ss. 12(1)(a) , 25(1)(a) Words in s. 4(3) substituted (25.6.2024) by Senedd Cymru (Members and Elections) Act 2024 (asc 4) , ss. 14(1)(a) , 25(1)(a) S. 4(1)(c) substituted (25.6.2024) by Senedd Cymru (Members and Elections) Act 2024 (asc 4) , ss. 13 , 25(1)(a) S. 4(3)(a) substituted (25.6.2024) by Senedd Cymru (Members and Elections) Act 2024 (asc 4) , ss. 14(1)(b) , 25(1)(a) S. 4(3)(ba)-(bc) substituted for s. 4(3)(b) (25.6.2024) by Senedd Cymru (Members and Elections) Act 2024 (asc 4) , ss. 14(1)(c) , 25(1)(a) S. 6(1A) inserted (25.6.2024) by Senedd Cymru (Members and Elections) Act 2024 (asc 4) , ss. 15 , 25(1)(a) S. 8(4)(ba)-(bc) substituted for s. 8(4)(b) (25.6.2024) by Senedd Cymru (Members and Elections) Act 2024 (asc 4) , ss. 14(2)(b) , 25(1)(a) S. 8(4)(a) substituted (25.6.2024) by Senedd Cymru (Members and Elections) Act 2024 (asc 4) , ss. 14(2)(a) , 25(1)(a) S. 11(1) substituted (25.6.2024) by Senedd Cymru (Members and Elections) Act 2024 (asc 4) , ss. 16(1)(a) , 25(1)(a) Words in s. 11(2) substituted (25.6.2024) by Senedd Cymru (Members and Elections) Act 2024 (asc 4) , ss. 16(1)(b)(i) , 25(1)(a) S. 11(2)(ba)-(bc) substituted for (25.6.2024) by Senedd Cymru (Members and Elections) Act 2024 (asc 4) , ss. 16(1)(b)(iii) , 25(1)(a) S. 11(2)(a) substituted (25.6.2024) by Senedd Cymru (Members and Elections) Act 2024 (asc 4) , ss. 16(1)(b)(ii) , 25(1)(a) Words in s. 13(1) substituted (25.6.2024) by Senedd Cymru (Members and Elections) Act 2024 (asc 4) , ss. 16(2) , 25(1)(a) Words in s. 43(1) inserted (25.6.2024) by Senedd Cymru (Members and Elections) Act 2024 (asc 4) , s. 25(1)(a) , Sch. 1 para. 5(2) Words in s. 72(1) inserted (25.6.2024) by Senedd Cymru (Members and Elections) Act 2024 (asc 4) , ss. 14(3) , 25(1)(a) S. 74(1)(2) omitted (25.6.2024) by virtue of Senedd Cymru (Members and Elections) Act 2024 (asc 4) , s. 25(1)(a) , Sch. 1 para. 5(3) Words in s. 76 substituted (25.6.2024) by Senedd Cymru (Members and Elections) Act 2024 (asc 4) , ss. 11(3) , 25(1)(a) Sch. 1 para. 1(3)(b) omitted (25.6.2024) by virtue of Senedd Cymru (Members and Elections) Act 2024 (asc 4) , s. 25(1)(a) , Sch. 1 para. 44(4)(a) Pt. 3A inserted (24.8.2024) by Senedd Cymru (Members and Elections) Act 2024 (asc 4) , s. 25(2)(c) , Sch. 3 para. 1 (with Sch. 3 para. 3 ) Words in Sch. 3 Table 2 inserted (24.8.2024) by Senedd Cymru (Members and Elections) Act 2024 (asc 4) , s. 25(2)(c) , Sch. 3 para. 2(6)(a) Words in Sch. 3 Table 2 inserted (24.8.2024) by Senedd Cymru (Members and Elections) Act 2024 (asc 4) , s. 25(2)(c) , Sch. 3 para. 2(6)(b) S. 1(3A) inserted (24.8.2024) by Senedd Cymru (Members and Elections) Act 2024 (asc 4) , s. 25(2)(c) , Sch. 3 para. 2(2) Words in s. 13(1) substituted (24.8.2024) by Senedd Cymru (Members and Elections) Act 2024 (asc 4) , s. 25(2)(c) , Sch. 3 para. 2(3) Words in s. 71(4) inserted (24.8.2024) by Senedd Cymru (Members and Elections) Act 2024 (asc 4) , s. 25(2)(c) , Sch. 3 para. 2(5) Words in s. 4(3)(c) inserted (10.9.2024) by Elections and Elected Bodies (Wales) Act 2024 (asc 5) , ss. 66(2)(a) , 72(1)(c) S. 4(3)(d) omitted (10.9.2024) by virtue of Elections and Elected Bodies (Wales) Act 2024 (asc 5) , ss. 66(2)(b) , 72(1)(c) Words in s. 4(3)(e) inserted (10.9.2024) by Elections and Elected Bodies (Wales) Act 2024 (asc 5) , ss. 66(2)(c) , 72(1)(c) S. 4(3)(ea)(eb) inserted (10.9.2024) by Elections and Elected Bodies (Wales) Act 2024 (asc 5) , ss. 66(2)(d) , 72(1)(c) Words in s. 8(4)(c) inserted (10.9.2024) by Elections and Elected Bodies (Wales) Act 2024 (asc 5) , ss. 66(3)(a) , 72(1)(c) S. 8(4)(d) omitted (10.9.2024) by virtue of Elections and Elected Bodies (Wales) Act 2024 (asc 5) , ss. 66(3)(b) , 72(1)(c) Words in s. 8(4)(e) inserted (10.9.2024) by Elections and Elected Bodies (Wales) Act 2024 (asc 5) , ss. 66(3)(c) , 72(1)(c) S. 8(4)(ea) (eb) inserted (10.9.2024) by Elections and Elected Bodies (Wales) Act 2024 (asc 5) , ss. 66(3)(d) , 72(1)(c) Words in s. 11(2)(c) inserted (10.9.2024) by Elections and Elected Bodies (Wales) Act 2024 (asc 5) , ss. 66(4)(a) , 72(1)(c) S. 11(2)(d) omitted (10.9.2024) by virtue of Elections and Elected Bodies (Wales) Act 2024 (asc 5) , ss. 66(4)(b) , 72(1)(c) Words in s. 11(2)(e) inserted (10.9.2024) by Elections and Elected Bodies (Wales) Act 2024 (asc 5) , ss. 66(4)(c) , 72(1)(c) S. 11(2)(ea) (eb) inserted (10.9.2024) by Elections and Elected Bodies (Wales) Act 2024 (asc 5) , ss. 66(4)(d) , 72(1)(c) S. 36A inserted (9.11.2024) by Elections and Elected Bodies (Wales) Act 2024 (asc 5) , ss. 44(2) , 72(2)(a) (with s. 55 ) S. 36B inserted (9.11.2024) by Elections and Elected Bodies (Wales) Act 2024 (asc 5) , ss. 48(2) , 72(2)(a) (with s. 55 ) S. 49ZA inserted (9.11.2024) by Elections and Elected Bodies (Wales) Act 2024 (asc 5) , ss. 53(2) , 72(2)(a) (with s. 55 ) S. 49ZB inserted (9.11.2024) by Elections and Elected Bodies (Wales) Act 2024 (asc 5) , ss. 54(2) , 72(2)(a) (with s. 55 ) S. 22(5)-(7) substituted for s. 22(5)(6) (9.11.2024) by Elections and Elected Bodies (Wales) Act 2024 (asc 5) , ss. 51(2) , 72(2)(a) (with s. 55 ) S. 28(3) inserted (9.11.2024) by Elections and Elected Bodies (Wales) Act 2024 (asc 5) , ss. 42 , 72(2)(a) (with s. 55 ) S. 29(3A) inserted (9.11.2024) by Elections and Elected Bodies (Wales) Act 2024 (asc 5) , ss. 41(2)(b) , 72(2)(a) (with s. 55 ) Word in s. 29(8) substituted (9.11.2024) by Elections and Elected Bodies (Wales) Act 2024 (asc 5) , ss. 47(2) , 72(2)(a) (with s. 55 ) S. 29(3)(a) substituted (9.11.2024) by Elections and Elected Bodies (Wales) Act 2024 (asc 5) , ss. 41(2)(a)(i) , 72(2)(a) (with s. 55 ) Word in s. 29(3)(b) substituted (9.11.2024) by Elections and Elected Bodies (Wales) Act 2024 (asc 5) , ss. 41(2)(a)(ii) , 72(2)(a) (with s. 55 ) S. 30(1) substituted (9.11.2024) by Elections and Elected Bodies (Wales) Act 2024 (asc 5) , ss. 40(2) , 72(2)(a) (with s. 55 ) Ss. 31(A1)-(A3) inserted (9.11.2024) by Elections and Elected Bodies (Wales) Act 2024 (asc 5) , ss. 51(3)(a) , 72(2)(a) (with s. 55 ) Word in s. 31(1) inserted (9.11.2024) by Elections and Elected Bodies (Wales) Act 2024 (asc 5) , ss. 51(3)(b) , 72(2)(a) (with s. 55 ) S. 33(3)(b) substituted (9.11.2024) by Elections and Elected Bodies (Wales) Act 2024 (asc 5) , ss. 51(4)(a) , 72(2)(a) (with s. 55 ) Words in s. 33(3)(c) inserted (9.11.2024) by Elections and Elected Bodies (Wales) Act 2024 (asc 5) , ss. 51(4)(b) , 72(2)(a) (with s. 55 ) S. 34(3)(ca)-(cc) inserted (9.11.2024) by Elections and Elected Bodies (Wales) Act 2024 (asc 5) , ss. 46(2) , 72(2)(a) (with s. 55 ) Words in s. 34(1)(a) inserted (9.11.2024) by Elections and Elected Bodies (Wales) Act 2024 (asc 5) , ss. 45(2) , 72(2)(a) (with s. 55 ) S. 35(1)(za) inserted (9.11.2024) by Elections and Elected Bodies (Wales) Act 2024 (asc 5) , ss. 45(3)(a) , 72(2)(a) (with s. 55 ) S. 35(3)(aa) (ab) inserted (9.11.2024) by Elections and Elected Bodies (Wales) Act 2024 (asc 5) , ss. 45(3)(b)(i) , 72(2)(a) (with s. 55 ) Words in s. 35(3)(b) substituted (9.11.2024) by Elections and Elected Bodies (Wales) Act 2024 (asc 5) , ss. 45(3)(b)(ii) , 72(2)(a) (with s. 55 ) Word in s. 35(3)(d) omitted (9.11.2024) by virtue of Elections and Elected Bodies (Wales) Act 2024 (asc 5) , ss. 45(3)(b)(iii) , 72(2)(a) (with s. 55 ) S. 35(3)(e) omitted (9.11.2024) by virtue of Elections and Elected Bodies (Wales) Act 2024 (asc 5) , ss. 45(3)(b)(iv) , 72(2)(a) (with s. 55 ) S. 35(4) substituted (9.11.2024) by Elections and Elected Bodies (Wales) Act 2024 (asc 5) , ss. 45(3)(b)(v) , 72(2)(a) (with s. 55 ) Words in s. 36(1) substituted (9.11.2024) by Elections and Elected Bodies (Wales) Act 2024 (asc 5) , ss. 45(4) , 72(2)(a) (with s. 55 ) S. 37(3A)(3B) substituted for s. 37(3) (9.11.2024) by Elections and Elected Bodies (Wales) Act 2024 (asc 5) , ss. 43(2) , 72(2)(a) (with s. 55 ) S. 37(2A) inserted (9.11.2024) by Elections and Elected Bodies (Wales) Act 2024 (asc 5) , ss. 47(3) , 72(2)(a) (with s. 55 ) S. 37(5)-(7) inserted (9.11.2024) by Elections and Elected Bodies (Wales) Act 2024 (asc 5) , ss. 49(2)(b) , 72(2)(a) (with s. 55 ) Words in s. 37(1)(b) inserted (9.11.2024) by Elections and Elected Bodies (Wales) Act 2024 (asc 5) , ss. 49(2)(a) , 72(2)(a) (with s. 55 ) S. 38(2A)(2B) substituted for s. 38(2) (9.11.2024) by Elections and Elected Bodies (Wales) Act 2024 (asc 5) , ss. 43(3) , 72(2)(a) (with s. 55 ) S. 38(5)-(7) inserted (9.11.2024) by Elections and Elected Bodies (Wales) Act 2024 (asc 5) , ss. 49(3) , 72(2)(a) (with s. 55 ) S. 39(4A)(4B) substituted for s. 39(4) (9.11.2024) by Elections and Elected Bodies (Wales) Act 2024 (asc 5) , ss. 43(4) , 72(2)(a) (with s. 55 ) S. 39(4C)-(4E) inserted (9.11.2024) by Elections and Elected Bodies (Wales) Act 2024 (asc 5) , ss. 49(4)(a) , 72(2)(a) (with s. 55 ) Words in s. 39(6)(b) substituted (9.11.2024) by Elections and Elected Bodies (Wales) Act 2024 (asc 5) , ss. 49(4)(b) , 72(2)(a) (with s. 55 ) S. 48(10) (11) inserted (9.11.2024) by Elections and Elected Bodies (Wales) Act 2024 (asc 5) , ss. 50(2)(c) , 72(2)(a) (with s. 55 ) S. 48(2)(f) inserted (9.11.2024) by Elections and Elected Bodies (Wales) Act 2024 (asc 5) , ss. 50(2)(a) , 72(2)(a) (with s. 55 ) S. 48(5)(c) inserted (9.11.2024) by Elections and Elected Bodies (Wales) Act 2024 (asc 5) , ss. 50(2)(b) , 72(2)(a) (with s. 55 ) S. 71(2)(bb) inserted (9.11.2024) by virtue of Elections and Elected Bodies (Wales) Act 2024 (asc 5) , ss. 41(3) , 72(2)(a) (with s. 55 ) S. 71(2)(bc) inserted (9.11.2024) by Elections and Elected Bodies (Wales) Act 2024 (asc 5) , ss. 51(5) , 72(2)(a) (with s. 55 ) Words in s. 15 cross-heading inserted (1.1.2025) by Elections and Elected Bodies (Wales) Act 2024 (asc 5) , ss. 67(2) , 72(4) ; S.I. 2024/1337 , art. 2(o) S. 17 heading substituted (1.1.2025) by Elections and Elected Bodies (Wales) Act 2024 (asc 5) , ss. 67(3)(a) , 72(4) ; S.I. 2024/1337 , art. 2(o) S. 18 heading substituted (1.1.2025) by Elections and Elected Bodies (Wales) Act 2024 (asc 5) , ss. 67(4)(a) , 72(4) ; S.I. 2024/1337 , art. 2(o) S. 11A inserted (1.1.2025) by Elections and Elected Bodies (Wales) Act 2024 (asc 5) , ss. 68(2) , 72(4) ; S.I. 2024/1337 , art. 2(p) Pt. 2A inserted (1.1.2025) by Elections and Elected Bodies (Wales) Act 2024 (asc 5) , ss. 1(2) , 72(4) ; S.I. 2024/1337 , art. 2(a) Words in Sch. 3 Table 2 inserted (1.1.2025) by Elections and Elected Bodies (Wales) Act 2024 (asc 5) , s. 72(4) , Sch. 1 para. 1(6) ; S.I. 2024/1337 , art. 2(b) S. 1(2A) inserted (1.1.2025) by Elections and Elected Bodies (Wales) Act 2024 (asc 5) , s. 72(4) , Sch. 1 para. 1(2) ; S.I. 2024/1337 , art. 2(b) S. 14(1A)-(1C) substituted for s. 14(1) (1.1.2025) by Elections and Elected Bodies (Wales) Act 2024 (asc 5) , s. 72(4) , Sch. 1 para. 1(3)(a) ; S.I. 2024/1337 , art. 2(b) S. 14(3) omitted (1.1.2025) by virtue of Elections and Elected Bodies (Wales) Act 2024 (asc 5) , s. 72(4) , Sch. 1 para. 1(3)(b) ; S.I. 2024/1337 , art. 2(b) S. 17(2A) inserted (1.1.2025) by Elections and Elected Bodies (Wales) Act 2024 (asc 5) , ss. 67(3)(e) , 72(4) ; S.I. 2024/1337 , art. 2(o) Words in s. 17(1) substituted (1.1.2025) by Elections and Elected Bodies (Wales) Act 2024 (asc 5) , ss. 67(3)(b)(i) , 72(4) ; S.I. 2024/1337 , art. 2(o) S. 17(1)(ba)-(bc) inserted (1.1.2025) by Elections and Elected Bodies (Wales) Act 2024 (asc 5) , ss. 67(3)(b)(ii) , 72(4) ; S.I. 2024/1337 , art. 2(o) Words in s. 17(1)(d) inserted (1.1.2025) by Elections and Elected Bodies (Wales) Act 2024 (asc 5) , ss. 67(3)(b)(iii) , 72(4) ; S.I. 2024/1337 , art. 2(o) Words in s. 17(2) substituted (1.1.2025) by Elections and Elected Bodies (Wales) Act 2024 (asc 5) , ss. 67(3)(c) , 72(4) ; S.I. 2024/1337 , art. 2(o) Words in s. 17(3) substituted (1.1.2025) by Elections and Elected Bodies (Wales) Act 2024 (asc 5) , ss. 67(3)(d) , 72(4) ; S.I. 2024/1337 , art. 2(o) S. 18(1)-(2B) substituted for s. 18(1)(2) (1.1.2025) by Elections and Elected Bodies (Wales) Act 2024 (asc 5) , ss. 67(4)(b) , 72(4) ; S.I. 2024/1337 , art. 2(o) Word in s. 71(2)(b) omitted (1.1.2025) by virtue of Elections and Elected Bodies (Wales) Act 2024 (asc 5) , s. 72(4) , Sch. 1 para. 1(4)(a) ; S.I. 2024/1337 , art. 2(b) S. 71(2)(ba) inserted (1.1.2025) by Elections and Elected Bodies (Wales) Act 2024 (asc 5) , s. 72(4) , Sch. 1 para. 1(4)(b) ; S.I. 2024/1337 , art. 2(b) Words in s. 72 substituted (1.1.2025) by Elections and Elected Bodies (Wales) Act 2024 (asc 5) , s. 72(4) , Sch. 1 para. 1(5) ; S.I. 2024/1337 , art. 2(b) Pt. 5A inserted (1.4.2025) by Elections and Elected Bodies (Wales) Act 2024 (asc 5) , ss. 57(2) , 72(4) ; S.I. 2024/1337 , art. 3(c) Ss. 62-67 and cross-heading omitted (1.4.2025) by virtue of Elections and Elected Bodies (Wales) Act 2024 (asc 5) , s. 72(4) , Sch. 1 para. 13(3) ; S.I. 2024/1337 , art. 3(e) S. 70ZA inserted (1.4.2025) by Elections and Elected Bodies (Wales) Act 2024 (asc 5) , s. 72(4) , Sch. 1 para. 13(4) ; S.I. 2024/1337 , art. 3(e) Words in Sch. 3 Table 2 inserted (1.4.2025) by Elections and Elected Bodies (Wales) Act 2024 (asc 5) , s. 72(4) , Sch. 1 para. 13(6) ; S.I. 2024/1337 , art. 3(e) S. 1(5)(h) omitted (1.4.2025) by virtue of Elections and Elected Bodies (Wales) Act 2024 (asc 5) , s. 72(4) , Sch. 1 para. 13(2)(a) ; S.I. 2024/1337 , art. 3(e) S. 1(5A) inserted (1.4.2025) by Elections and Elected Bodies (Wales) Act 2024 (asc 5) , s. 72(4) , Sch. 1 para. 13(2)(b) ; S.I. 2024/1337 , art. 3(e) S. 71(2)(d) inserted (1.4.2025) by Elections and Elected Bodies (Wales) Act 2024 (asc 5) , s. 72(4) , Sch. 1 para. 13(5) ; S.I. 2024/1337 , art. 3(e)
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[uk-legislation-anaw][anaw] 2025-05-16
http://www.legislation.gov.uk/anaw/2016/2/2025-03-31
http://www.legislation.gov.uk/anaw/2016/2/2025-03-31 Regulation and Inspection of Social Care (Wales) Act 2016 An Act of the National Assembly for Wales to make provision for the registration and regulation of persons providing care home services, secure accommodation services, residential family centre services, adoption services, fostering services, adult placement services, advocacy services and domiciliary support services; amending the Social Services and Well-being (Wales) Act 2014 in connection with the regulation of the social services functions of local authorities; for the renaming of the Care Council for Wales as Social Care Wales; for Social Care Wales to provide advice and other assistance to persons providing services involving care and support; for the registration, regulation and training of social care workers; and for connected purposes. text text/xml en Statute Law Database 2025-04-16 Expert Participation 2025-03-31 Regulation and Inspection of Social Care (Wales) Act 2016 Deddf Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymru) 2016 s. 85 heading The European Qualifications (Health and Social Care Professions) Regulations 2016 reg. 131(2) reg. 155 reg. 1 Regulation and Inspection of Social Care (Wales) Act 2016 Deddf Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymru) 2016 s. 66(1) The European Qualifications (Health and Social Care Professions) Regulations 2016 reg. 121(2) reg. 155 reg. 1 Regulation and Inspection of Social Care (Wales) Act 2016 Deddf Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymru) 2016 s. 66(1) The European Qualifications (Health and Social Care Professions) Regulations 2016 reg. 121(3) reg. 155 reg. 1 Regulation and Inspection of Social Care (Wales) Act 2016 Deddf Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymru) 2016 s. 74(3) The European Qualifications (Health and Social Care Professions) Regulations 2016 reg. 123(2) reg. 155 reg. 1 Regulation and Inspection of Social Care (Wales) Act 2016 Deddf Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymru) 2016 s. 79(1)(b) The European Qualifications (Health and Social Care Professions) Regulations 2016 reg. 125(2) reg. 155 reg. 1 Regulation and Inspection of Social Care (Wales) Act 2016 Deddf Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymru) 2016 s. 80(1)(b) The European Qualifications (Health and Social Care Professions) Regulations 2016 reg. 127(2)(a) reg. 155 reg. 1 Regulation and Inspection of Social Care (Wales) Act 2016 Deddf Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymru) 2016 s. 80(1)(c) The European Qualifications (Health and Social Care Professions) Regulations 2016 reg. 127(2)(b) reg. 155 reg. 1 Regulation and Inspection of Social Care (Wales) Act 2016 Deddf Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymru) 2016 s. 80(1)(d) The European Qualifications (Health and Social Care Professions) Regulations 2016 reg. 127(2)(c) reg. 155 reg. 1 Regulation and Inspection of Social Care (Wales) Act 2016 Deddf Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymru) 2016 s. 80(2)(d) The European Qualifications (Health and Social Care Professions) Regulations 2016 reg. 127(3) reg. 155 reg. 1 Regulation and Inspection of Social Care (Wales) Act 2016 Deddf Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymru) 2016 s. 80(3)(c) The European Qualifications (Health and Social Care Professions) Regulations 2016 reg. 127(4)(a) reg. 155 reg. 1 Regulation and Inspection of Social Care (Wales) Act 2016 Deddf Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymru) 2016 s. 80(3)(d) The European Qualifications (Health and Social Care Professions) Regulations 2016 reg. 127(4)(b) reg. 155 reg. 1 Regulation and Inspection of Social Care (Wales) Act 2016 Deddf Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymru) 2016 s. 84(a)(ii) The European Qualifications (Health and Social Care Professions) Regulations 2016 reg. 129(2) reg. 155 reg. 1 Regulation and Inspection of Social Care (Wales) Act 2016 Deddf Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymru) 2016 s. 84(aa) The European Qualifications (Health and Social Care Professions) Regulations 2016 reg. 129(3) reg. 155 reg. 1 Regulation and Inspection of Social Care (Wales) Act 2016 Deddf Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymru) 2016 s. 85A The European Qualifications (Health and Social Care Professions) Regulations 2016 reg. 133 reg. 155 reg. 1 Regulation and Inspection of Social Care (Wales) Act 2016 Deddf Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymru) 2016 s. 90 The European Qualifications (Health and Social Care Professions) Regulations 2016 reg. 135(2) reg. 155 reg. 1 Regulation and Inspection of Social Care (Wales) Act 2016 Deddf Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymru) 2016 s. 90(2) The European Qualifications (Health and Social Care Professions) Regulations 2016 reg. 135(3) reg. 155 reg. 1 Regulation and Inspection of Social Care (Wales) Act 2016 Deddf Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymru) 2016 s. 90(5) The European Qualifications (Health and Social Care Professions) Regulations 2016 reg. 135(4)(a) reg. 155 reg. 1 Regulation and Inspection of Social Care (Wales) Act 2016 Deddf Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymru) 2016 s. 90(5) The European Qualifications (Health and Social Care Professions) Regulations 2016 reg. 135(4)(b) reg. 155 reg. 1 Regulation and Inspection of Social Care (Wales) Act 2016 Deddf Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymru) 2016 s. 90(8) The European Qualifications (Health and Social Care Professions) Regulations 2016 reg. 135(5)(a)(i) reg. 155 reg. 1 Regulation and Inspection of Social Care (Wales) Act 2016 Deddf Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymru) 2016 s. 90(8) The European Qualifications (Health and Social Care Professions) Regulations 2016 reg. 135(5)(a)(ii) reg. 155 reg. 1 Regulation and Inspection of Social Care (Wales) Act 2016 Deddf Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymru) 2016 s. 90(8) The European Qualifications (Health and Social Care Professions) Regulations 2016 reg. 135(5)(b) reg. 155 reg. 1 Regulation and Inspection of Social Care (Wales) Act 2016 Deddf Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymru) 2016 s. 90A The European Qualifications (Health and Social Care Professions) Regulations 2016 reg. 137 reg. 155 reg. 1 Regulation and Inspection of Social Care (Wales) Act 2016 Deddf Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymru) 2016 s. 105(1)(a) The European Qualifications (Health and Social Care Professions) Regulations 2016 reg. 139(2)(a) reg. 155 reg. 1 Regulation and Inspection of Social Care (Wales) Act 2016 Deddf Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymru) 2016 s. 105(1)(a) The European Qualifications (Health and Social Care Professions) Regulations 2016 reg. 139(2)(b) reg. 155 reg. 1 Regulation and Inspection of Social Care (Wales) Act 2016 Deddf Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymru) 2016 s. 105(1)(a) The European Qualifications (Health and Social Care Professions) Regulations 2016 reg. 139(2)(c) reg. 155 reg. 1 Regulation and Inspection of Social Care (Wales) Act 2016 Deddf Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymru) 2016 s. 105(1)(b) The European Qualifications (Health and Social Care Professions) Regulations 2016 reg. 139(3)(a) reg. 155 reg. 1 Regulation and Inspection of Social Care (Wales) Act 2016 Deddf Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymru) 2016 s. 105(1)(b) The European Qualifications (Health and Social Care Professions) Regulations 2016 reg. 139(3)(b) reg. 155 reg. 1 Regulation and Inspection of Social Care (Wales) Act 2016 Deddf Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymru) 2016 s. 105(1)(c) The European Qualifications (Health and Social Care Professions) Regulations 2016 reg. 139(4) reg. 155 reg. 1 Regulation and Inspection of Social Care (Wales) Act 2016 Deddf Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymru) 2016 s. 105(5)(b) The European Qualifications (Health and Social Care Professions) Regulations 2016 reg. 139(5) reg. 155 reg. 1 Regulation and Inspection of Social Care (Wales) Act 2016 Deddf Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymru) 2016 s. 113(3) The European Qualifications (Health and Social Care Professions) Regulations 2016 reg. 141(2) reg. 155 reg. 1 Regulation and Inspection of Social Care (Wales) Act 2016 Deddf Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymru) 2016 s. 113(4) The European Qualifications (Health and Social Care Professions) Regulations 2016 reg. 141(3) reg. 155 reg. 1 Regulation and Inspection of Social Care (Wales) Act 2016 Deddf Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymru) 2016 s. 113(5) The European Qualifications (Health and Social Care Professions) Regulations 2016 reg. 141(4) reg. 155 reg. 1 Regulation and Inspection of Social Care (Wales) Act 2016 Deddf Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymru) 2016 s. 164 The European Qualifications (Health and Social Care Professions) Regulations 2016 reg. 143(2) reg. 155 reg. 1 Regulation and Inspection of Social Care (Wales) Act 2016 Deddf Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymru) 2016 Sch. 3 para. 39 The European Qualifications (Health and Social Care Professions) Regulations 2016 reg. 145(2) reg. 155 reg. 1 Regulation and Inspection of Social Care (Wales) Act 2016 Deddf Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymru) 2016 Sch. 3 para. 42(b) The European Qualifications (Health and Social Care Professions) Regulations 2016 reg. 145(3) reg. 155 reg. 1 Regulation and Inspection of Social Care (Wales) Act 2016 Deddf Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymru) 2016 s. 111(4)(b) Children and Social Work Act 2017 Sch. 5 para. 40(a) s. 70(2) reg. 2(s) Regulation and Inspection of Social Care (Wales) Act 2016 Deddf Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymru) 2016 s. 117(4)(a) Children and Social Work Act 2017 Sch. 5 para. 41(a) s. 70(2) reg. 2(s) Regulation and Inspection of Social Care (Wales) Act 2016 Deddf Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymru) 2016 s. 119(4)(a)(ii) Children and Social Work Act 2017 Sch. 5 para. 42(a) s. 70(2) reg. 2(s) Regulation and Inspection of Social Care (Wales) Act 2016 Deddf Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymru) 2016 s. 125(5)(a)(ii) Children and Social Work Act 2017 Sch. 5 para. 43(a) s. 70(2) reg. 2(s) Regulation and Inspection of Social Care (Wales) Act 2016 Deddf Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymru) 2016 s. 174(5)(a)(ii) Children and Social Work Act 2017 Sch. 5 para. 44(a) s. 70(2) reg. 2(s) Regulation and Inspection of Social Care (Wales) Act 2016 Deddf Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymru) 2016 s. 1(ba) Health and Social Care (Wales) Act 2025 Deddf Iechyd a Gofal Cymdeithasol (Cymru) 2025 s. 2(a) s. 29(2) art. 2(2)(a) Regulation and Inspection of Social Care (Wales) Act 2016 Deddf Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymru) 2016 s. 2A Health and Social Care (Wales) Act 2025 Deddf Iechyd a Gofal Cymdeithasol (Cymru) 2025 s. 2(b) s. 29(2) art. 2(2)(a) Regulation and Inspection of Social Care (Wales) Act 2016 Deddf Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymru) 2016 Sch. 1 para. 1(3A) (3B) Health and Social Care (Wales) Act 2025 Deddf Iechyd a Gofal Cymdeithasol (Cymru) 2025 s. 2(c) s. 29(2) art. 2(2)(a) Regulation and Inspection of Social Care (Wales) Act 2016 Deddf Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymru) 2016 s. 6(1A) Health and Social Care (Wales) Act 2025 Deddf Iechyd a Gofal Cymdeithasol (Cymru) 2025 s. 3(2) s. 29(2) art. 2(1)(a) Regulation and Inspection of Social Care (Wales) Act 2016 Deddf Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymru) 2016 s. 6A 6B Health and Social Care (Wales) Act 2025 Deddf Iechyd a Gofal Cymdeithasol (Cymru) 2025 s. 3(3) s. 29(2) art. 2(2)(a) art. 5 Regulation and Inspection of Social Care (Wales) Act 2016 Deddf Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymru) 2016 s. 6C Health and Social Care (Wales) Act 2025 Deddf Iechyd a Gofal Cymdeithasol (Cymru) 2025 s. 4(2) s. 29(2) art. 2(1)(b)(ii) art. 2(2)(a) art. 5 Regulation and Inspection of Social Care (Wales) Act 2016 Deddf Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymru) 2016 Sch. 1A Health and Social Care (Wales) Act 2025 Deddf Iechyd a Gofal Cymdeithasol (Cymru) 2025 s. 4(3) s. 29(2) art. 2(1)(b)(ii) art. 2(2)(a) art. 5 Regulation and Inspection of Social Care (Wales) Act 2016 Deddf Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymru) 2016 s. 45 Health and Social Care (Wales) Act 2025 Deddf Iechyd a Gofal Cymdeithasol (Cymru) 2025 s. 4(4) s. 29(2) art. 2(2)(a) Regulation and Inspection of Social Care (Wales) Act 2016 Deddf Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymru) 2016 s. 7(1)(aa) Health and Social Care (Wales) Act 2025 Deddf Iechyd a Gofal Cymdeithasol (Cymru) 2025 s. 5(2) s. 29(2) art. 2(2)(a) Regulation and Inspection of Social Care (Wales) Act 2016 Deddf Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymru) 2016 s. 7(3)(a) Health and Social Care (Wales) Act 2025 Deddf Iechyd a Gofal Cymdeithasol (Cymru) 2025 s. 5(3)(a) s. 29(2) art. 2(2)(a) Regulation and Inspection of Social Care (Wales) Act 2016 Deddf Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymru) 2016 s. 7(3)(aa) Health and Social Care (Wales) Act 2025 Deddf Iechyd a Gofal Cymdeithasol (Cymru) 2025 s. 5(3)(b) s. 29(2) art. 2(2)(a) Regulation and Inspection of Social Care (Wales) Act 2016 Deddf Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymru) 2016 s. 9(7)(e) Health and Social Care (Wales) Act 2025 Deddf Iechyd a Gofal Cymdeithasol (Cymru) 2025 s. 6(2) s. 29(2) art. 2(2)(a) Regulation and Inspection of Social Care (Wales) Act 2016 Deddf Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymru) 2016 s. 9A 9B Health and Social Care (Wales) Act 2025 Deddf Iechyd a Gofal Cymdeithasol (Cymru) 2025 s. 6(3) s. 29(2) art. 2(2)(a) Regulation and Inspection of Social Care (Wales) Act 2016 Deddf Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymru) 2016 s. 10(2)(a) (viiia) Health and Social Care (Wales) Act 2025 Deddf Iechyd a Gofal Cymdeithasol (Cymru) 2025 s. 7(a) s. 29(2) art. 2(1)(c) Regulation and Inspection of Social Care (Wales) Act 2016 Deddf Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymru) 2016 s. 10(2A) (2B) Health and Social Care (Wales) Act 2025 Deddf Iechyd a Gofal Cymdeithasol (Cymru) 2025 s. 7(b) s. 29(2) art. 2(1)(c) Regulation and Inspection of Social Care (Wales) Act 2016 Deddf Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymru) 2016 s. 10(6)(b) Health and Social Care (Wales) Act 2025 Deddf Iechyd a Gofal Cymdeithasol (Cymru) 2025 s. 7(c)(i) s. 29(2) art. 2(1)(c) Regulation and Inspection of Social Care (Wales) Act 2016 Deddf Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymru) 2016 s. 10(6)(ba) Health and Social Care (Wales) Act 2025 Deddf Iechyd a Gofal Cymdeithasol (Cymru) 2025 s. 7(c)(ii) s. 29(2) art. 2(1)(c) Regulation and Inspection of Social Care (Wales) Act 2016 Deddf Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymru) 2016 s. 10(6)(c) Health and Social Care (Wales) Act 2025 Deddf Iechyd a Gofal Cymdeithasol (Cymru) 2025 s. 7(c)(iii) s. 29(2) art. 2(1)(c) Regulation and Inspection of Social Care (Wales) Act 2016 Deddf Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymru) 2016 s. 10(6)(d) Health and Social Care (Wales) Act 2025 Deddf Iechyd a Gofal Cymdeithasol (Cymru) 2025 s. 7(c)(iv) s. 29(2) art. 2(1)(c) Regulation and Inspection of Social Care (Wales) Act 2016 Deddf Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymru) 2016 s. 11(4) Health and Social Care (Wales) Act 2025 Deddf Iechyd a Gofal Cymdeithasol (Cymru) 2025 s. 8(2) s. 29(2) art. 2(1)(d) Regulation and Inspection of Social Care (Wales) Act 2016 Deddf Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymru) 2016 s. 12(1) Health and Social Care (Wales) Act 2025 Deddf Iechyd a Gofal Cymdeithasol (Cymru) 2025 s. 8(3)(a) s. 29(2) art. 2(2)(a) Regulation and Inspection of Social Care (Wales) Act 2016 Deddf Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymru) 2016 s. 12(1A) Health and Social Care (Wales) Act 2025 Deddf Iechyd a Gofal Cymdeithasol (Cymru) 2025 s. 8(3)(b) s. 29(2) art. 2(2)(a) Regulation and Inspection of Social Care (Wales) Act 2016 Deddf Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymru) 2016 s. 13(3)(a) Health and Social Care (Wales) Act 2025 Deddf Iechyd a Gofal Cymdeithasol (Cymru) 2025 s. 8(4)(a) s. 29(2) art. 2(2)(a) Regulation and Inspection of Social Care (Wales) Act 2016 Deddf Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymru) 2016 s. 13(3)(b) Health and Social Care (Wales) Act 2025 Deddf Iechyd a Gofal Cymdeithasol (Cymru) 2025 s. 8(4)(b) s. 29(2) art. 2(2)(a) Regulation and Inspection of Social Care (Wales) Act 2016 Deddf Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymru) 2016 s. 13(3)(c) Health and Social Care (Wales) Act 2025 Deddf Iechyd a Gofal Cymdeithasol (Cymru) 2025 s. 8(4)(c) s. 29(2) art. 2(2)(a) Regulation and Inspection of Social Care (Wales) Act 2016 Deddf Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymru) 2016 s. 13(3A) Health and Social Care (Wales) Act 2025 Deddf Iechyd a Gofal Cymdeithasol (Cymru) 2025 s. 8(5) s. 29(2) art. 2(2)(a) Regulation and Inspection of Social Care (Wales) Act 2016 Deddf Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymru) 2016 s. 15(1)(g) Health and Social Care (Wales) Act 2025 Deddf Iechyd a Gofal Cymdeithasol (Cymru) 2025 s. 8(6)(a) s. 29(2) art. 2(2)(a) Regulation and Inspection of Social Care (Wales) Act 2016 Deddf Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymru) 2016 s. 15(1A) Health and Social Care (Wales) Act 2025 Deddf Iechyd a Gofal Cymdeithasol (Cymru) 2025 s. 8(6)(b) s. 29(2) art. 2(2)(a) Regulation and Inspection of Social Care (Wales) Act 2016 Deddf Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymru) 2016 s. 3(2)(aa) Health and Social Care (Wales) Act 2025 Deddf Iechyd a Gofal Cymdeithasol (Cymru) 2025 s. 9(a)(i) s. 29(2) art. 2(2)(a) Regulation and Inspection of Social Care (Wales) Act 2016 Deddf Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymru) 2016 s. 3(2)(da) Health and Social Care (Wales) Act 2025 Deddf Iechyd a Gofal Cymdeithasol (Cymru) 2025 s. 9(a)(ii) s. 29(2) art. 2(2)(a) Regulation and Inspection of Social Care (Wales) Act 2016 Deddf Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymru) 2016 s. 3(2A) Health and Social Care (Wales) Act 2025 Deddf Iechyd a Gofal Cymdeithasol (Cymru) 2025 s. 9(b) s. 29(2) art. 2(2)(a) Regulation and Inspection of Social Care (Wales) Act 2016 Deddf Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymru) 2016 s. 10(1) Health and Social Care (Wales) Act 2025 Deddf Iechyd a Gofal Cymdeithasol (Cymru) 2025 s. 14(2)(a) s. 29(2) art. 3(2)(a) Regulation and Inspection of Social Care (Wales) Act 2016 Deddf Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymru) 2016 s. 10(1A) Health and Social Care (Wales) Act 2025 Deddf Iechyd a Gofal Cymdeithasol (Cymru) 2025 s. 14(2)(b) s. 29(2) art. 3(2)(a) Regulation and Inspection of Social Care (Wales) Act 2016 Deddf Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymru) 2016 s. 10(4A) (4B) Health and Social Care (Wales) Act 2025 Deddf Iechyd a Gofal Cymdeithasol (Cymru) 2025 s. 14(2)(c) s. 29(2) art. 3(1)(a) Regulation and Inspection of Social Care (Wales) Act 2016 Deddf Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymru) 2016 s. 10(5) Health and Social Care (Wales) Act 2025 Deddf Iechyd a Gofal Cymdeithasol (Cymru) 2025 s. 14(2)(d) s. 29(2) art. 3(2)(a) Regulation and Inspection of Social Care (Wales) Act 2016 Deddf Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymru) 2016 s. 48 heading Health and Social Care (Wales) Act 2025 Deddf Iechyd a Gofal Cymdeithasol (Cymru) 2025 s. 14(3)(a) s. 29(2) art. 3(2)(a) Regulation and Inspection of Social Care (Wales) Act 2016 Deddf Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymru) 2016 s. 48 Health and Social Care (Wales) Act 2025 Deddf Iechyd a Gofal Cymdeithasol (Cymru) 2025 s. 14(3)(b) s. 29(2) art. 3(2)(a) Regulation and Inspection of Social Care (Wales) Act 2016 Deddf Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymru) 2016 s. 14(1A) Health and Social Care (Wales) Act 2025 Deddf Iechyd a Gofal Cymdeithasol (Cymru) 2025 s. 15(2) s. 29(2) art. 3(1)(b) Regulation and Inspection of Social Care (Wales) Act 2016 Deddf Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymru) 2016 s. 32(1) Health and Social Care (Wales) Act 2025 Deddf Iechyd a Gofal Cymdeithasol (Cymru) 2025 s. 17(2)(a)(i) s. 29(2) art. 3(2)(f) Regulation and Inspection of Social Care (Wales) Act 2016 Deddf Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymru) 2016 s. 32(1) Health and Social Care (Wales) Act 2025 Deddf Iechyd a Gofal Cymdeithasol (Cymru) 2025 s. 17(2)(a)(ii) s. 29(2) art. 3(2)(f) Regulation and Inspection of Social Care (Wales) Act 2016 Deddf Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymru) 2016 s. 32(1A) (1B) Health and Social Care (Wales) Act 2025 Deddf Iechyd a Gofal Cymdeithasol (Cymru) 2025 s. 17(2)(b) s. 29(2) art. 3(2)(f) Regulation and Inspection of Social Care (Wales) Act 2016 Deddf Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymru) 2016 s. 32(2) Health and Social Care (Wales) Act 2025 Deddf Iechyd a Gofal Cymdeithasol (Cymru) 2025 s. 17(2)(c) s. 29(2) art. 3(2)(f) Regulation and Inspection of Social Care (Wales) Act 2016 Deddf Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymru) 2016 s. 32(5) (6) Health and Social Care (Wales) Act 2025 Deddf Iechyd a Gofal Cymdeithasol (Cymru) 2025 s. 17(2)(d) s. 29(2) art. 3(2)(f) Regulation and Inspection of Social Care (Wales) Act 2016 Deddf Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymru) 2016 s. 32A Health and Social Care (Wales) Act 2025 Deddf Iechyd a Gofal Cymdeithasol (Cymru) 2025 s. 17(3) s. 29(2) Regulation and Inspection of Social Care (Wales) Act 2016 Deddf Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymru) 2016 s. 33(1)(b) Health and Social Care (Wales) Act 2025 Deddf Iechyd a Gofal Cymdeithasol (Cymru) 2025 s. 17(4)(a) s. 29(2) art. 3(2)(f) Regulation and Inspection of Social Care (Wales) Act 2016 Deddf Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymru) 2016 s. 33(1A) Health and Social Care (Wales) Act 2025 Deddf Iechyd a Gofal Cymdeithasol (Cymru) 2025 s. 17(4)(b) s. 29(2) art. 3(2)(f) Regulation and Inspection of Social Care (Wales) Act 2016 Deddf Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymru) 2016 s. 33(2) Health and Social Care (Wales) Act 2025 Deddf Iechyd a Gofal Cymdeithasol (Cymru) 2025 s. 17(4)(c) s. 29(2) art. 3(2)(f) Regulation and Inspection of Social Care (Wales) Act 2016 Deddf Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymru) 2016 s. 34(1) Health and Social Care (Wales) Act 2025 Deddf Iechyd a Gofal Cymdeithasol (Cymru) 2025 s. 17(5)(a)(i) s. 29(2) art. 3(2)(f) Regulation and Inspection of Social Care (Wales) Act 2016 Deddf Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymru) 2016 s. 34(1) Health and Social Care (Wales) Act 2025 Deddf Iechyd a Gofal Cymdeithasol (Cymru) 2025 s. 17(5)(a)(ii) s. 29(2) art. 3(2)(f) Regulation and Inspection of Social Care (Wales) Act 2016 Deddf Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymru) 2016 s. 34(2) Health and Social Care (Wales) Act 2025 Deddf Iechyd a Gofal Cymdeithasol (Cymru) 2025 s. 17(5)(b) s. 29(2) art. 3(2)(f) Regulation and Inspection of Social Care (Wales) Act 2016 Deddf Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymru) 2016 s. 34(3) Health and Social Care (Wales) Act 2025 Deddf Iechyd a Gofal Cymdeithasol (Cymru) 2025 s. 17(5)(c) s. 29(2) art. 3(2)(f) Regulation and Inspection of Social Care (Wales) Act 2016 Deddf Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymru) 2016 s. 34(4) Health and Social Care (Wales) Act 2025 Deddf Iechyd a Gofal Cymdeithasol (Cymru) 2025 s. 17(5)(d) s. 29(2) art. 3(2)(f) Regulation and Inspection of Social Care (Wales) Act 2016 Deddf Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymru) 2016 s. 35(1) Health and Social Care (Wales) Act 2025 Deddf Iechyd a Gofal Cymdeithasol (Cymru) 2025 s. 17(6)(a)(i) s. 29(2) art. 3(2)(f) Regulation and Inspection of Social Care (Wales) Act 2016 Deddf Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymru) 2016 s. 35(1) Health and Social Care (Wales) Act 2025 Deddf Iechyd a Gofal Cymdeithasol (Cymru) 2025 s. 17(6)(a)(ii) s. 29(2) art. 3(2)(f) Regulation and Inspection of Social Care (Wales) Act 2016 Deddf Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymru) 2016 s. 35(1A) Health and Social Care (Wales) Act 2025 Deddf Iechyd a Gofal Cymdeithasol (Cymru) 2025 s. 17(6)(b) s. 29(2) art. 3(2)(f) Regulation and Inspection of Social Care (Wales) Act 2016 Deddf Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymru) 2016 s. 35(2) Health and Social Care (Wales) Act 2025 Deddf Iechyd a Gofal Cymdeithasol (Cymru) 2025 s. 17(6)(c) s. 29(2) art. 3(2)(f) Regulation and Inspection of Social Care (Wales) Act 2016 Deddf Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymru) 2016 s. 35(4) Health and Social Care (Wales) Act 2025 Deddf Iechyd a Gofal Cymdeithasol (Cymru) 2025 s. 17(6)(d) s. 29(2) art. 3(2)(f) Regulation and Inspection of Social Care (Wales) Act 2016 Deddf Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymru) 2016 s. 36(2) Health and Social Care (Wales) Act 2025 Deddf Iechyd a Gofal Cymdeithasol (Cymru) 2025 s. 17(7)(a) s. 29(2) art. 3(2)(f) Regulation and Inspection of Social Care (Wales) Act 2016 Deddf Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymru) 2016 s. 36(3A) Health and Social Care (Wales) Act 2025 Deddf Iechyd a Gofal Cymdeithasol (Cymru) 2025 s. 17(7)(b) s. 29(2) art. 3(2)(f) Regulation and Inspection of Social Care (Wales) Act 2016 Deddf Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymru) 2016 s. 79(3)(e) Health and Social Care (Wales) Act 2025 Deddf Iechyd a Gofal Cymdeithasol (Cymru) 2025 s. 18(2)(a)(i) s. 29(2) Regulation and Inspection of Social Care (Wales) Act 2016 Deddf Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymru) 2016 s. 79(3)(f) Health and Social Care (Wales) Act 2025 Deddf Iechyd a Gofal Cymdeithasol (Cymru) 2025 s. 18(2)(a)(i) s. 29(2) Regulation and Inspection of Social Care (Wales) Act 2016 Deddf Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymru) 2016 s. 79(3)(m) Health and Social Care (Wales) Act 2025 Deddf Iechyd a Gofal Cymdeithasol (Cymru) 2025 s. 18(2)(a)(ii) s. 29(2) Regulation and Inspection of Social Care (Wales) Act 2016 Deddf Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymru) 2016 s. 79(3A) Health and Social Care (Wales) Act 2025 Deddf Iechyd a Gofal Cymdeithasol (Cymru) 2025 s. 18(2)(b) s. 29(2) Regulation and Inspection of Social Care (Wales) Act 2016 Deddf Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymru) 2016 s. 147(1)(f) Health and Social Care (Wales) Act 2025 Deddf Iechyd a Gofal Cymdeithasol (Cymru) 2025 s. 19(2)(a) s. 29(2) art. 3(2)(c) Regulation and Inspection of Social Care (Wales) Act 2016 Deddf Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymru) 2016 s. 147(2A) Health and Social Care (Wales) Act 2025 Deddf Iechyd a Gofal Cymdeithasol (Cymru) 2025 s. 19(2)(b) s. 29(2) art. 3(2)(c) Regulation and Inspection of Social Care (Wales) Act 2016 Deddf Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymru) 2016 s. 147(3) Health and Social Care (Wales) Act 2025 Deddf Iechyd a Gofal Cymdeithasol (Cymru) 2025 s. 19(2)(c) s. 29(2) art. 3(2)(c) Regulation and Inspection of Social Care (Wales) Act 2016 Deddf Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymru) 2016 s. 147(4)(ia) Health and Social Care (Wales) Act 2025 Deddf Iechyd a Gofal Cymdeithasol (Cymru) 2025 s. 19(2)(d) s. 29(2) art. 3(2)(c) Regulation and Inspection of Social Care (Wales) Act 2016 Deddf Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymru) 2016 s. 147(5) Health and Social Care (Wales) Act 2025 Deddf Iechyd a Gofal Cymdeithasol (Cymru) 2025 s. 19(2)(e) s. 29(2) art. 3(2)(c) Regulation and Inspection of Social Care (Wales) Act 2016 Deddf Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymru) 2016 s. 13(5)(a) Health and Social Care (Wales) Act 2025 Deddf Iechyd a Gofal Cymdeithasol (Cymru) 2025 Sch. 1 para. 2(2) s. 29(2) Regulation and Inspection of Social Care (Wales) Act 2016 Deddf Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymru) 2016 s. 15(3)(a) Health and Social Care (Wales) Act 2025 Deddf Iechyd a Gofal Cymdeithasol (Cymru) 2025 Sch. 1 para. 2(3) s. 29(2) Regulation and Inspection of Social Care (Wales) Act 2016 Deddf Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymru) 2016 s. 64 Health and Social Care (Wales) Act 2025 Deddf Iechyd a Gofal Cymdeithasol (Cymru) 2025 Sch. 1 para. 2(4) s. 29(2) Regulation and Inspection of Social Care (Wales) Act 2016 Deddf Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymru) 2016 s. 187(2)(ca) Health and Social Care (Wales) Act 2025 Deddf Iechyd a Gofal Cymdeithasol (Cymru) 2025 Sch. 1 para. 2(5)(a) s. 29(2) Regulation and Inspection of Social Care (Wales) Act 2016 Deddf Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymru) 2016 s. 187(2)(x) Health and Social Care (Wales) Act 2025 Deddf Iechyd a Gofal Cymdeithasol (Cymru) 2025 Sch. 1 para. 2(5)(b) s. 29(2) Regulation and Inspection of Social Care (Wales) Act 2016 Deddf Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymru) 2016 s. 1(c) Health and Social Care (Wales) Act 2025 Deddf Iechyd a Gofal Cymdeithasol (Cymru) 2025 Sch. 1 para. 7(2) s. 29(2) art. 3(1)(c) Regulation and Inspection of Social Care (Wales) Act 2016 Deddf Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymru) 2016 Pt. 1 Ch. 3 heading Health and Social Care (Wales) Act 2025 Deddf Iechyd a Gofal Cymdeithasol (Cymru) 2025 Sch. 1 para. 7(5) s. 29(2) art. 3(1)(c) Regulation and Inspection of Social Care (Wales) Act 2016 Deddf Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymru) 2016 s. 33 heading Health and Social Care (Wales) Act 2025 Deddf Iechyd a Gofal Cymdeithasol (Cymru) 2025 Sch. 1 para. 7(6) s. 29(2) art. 3(1)(c) Regulation and Inspection of Social Care (Wales) Act 2016 Deddf Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymru) 2016 s. 34 heading Health and Social Care (Wales) Act 2025 Deddf Iechyd a Gofal Cymdeithasol (Cymru) 2025 Sch. 1 para. 7(7) s. 29(2) art. 3(1)(c) Regulation and Inspection of Social Care (Wales) Act 2016 Deddf Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymru) 2016 s. 50 heading Health and Social Care (Wales) Act 2025 Deddf Iechyd a Gofal Cymdeithasol (Cymru) 2025 Sch. 1 para. 7(8) s. 29(2) art. 3(1)(c) Regulation and Inspection of Social Care (Wales) Act 2016 Deddf Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymru) 2016 s. 144(6) Health and Social Care (Wales) Act 2025 Deddf Iechyd a Gofal Cymdeithasol (Cymru) 2025 Sch. 1 para. 7(9) s. 29(2) art. 3(2)(d) Regulation and Inspection of Social Care (Wales) Act 2016 Deddf Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymru) 2016 s. 146(9)(a) Health and Social Care (Wales) Act 2025 Deddf Iechyd a Gofal Cymdeithasol (Cymru) 2025 Sch. 1 para. 7(10) s. 29(2) art. 3(2)(d) Regulation and Inspection of Social Care (Wales) Act 2016 Deddf Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymru) 2016 s. 149(4)(a) Health and Social Care (Wales) Act 2025 Deddf Iechyd a Gofal Cymdeithasol (Cymru) 2025 Sch. 1 para. 7(11) s. 29(2) art. 3(2)(d) Regulation and Inspection of Social Care (Wales) Act 2016 Deddf Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymru) 2016 s. 161(6)(b) Health and Social Care (Wales) Act 2025 Deddf Iechyd a Gofal Cymdeithasol (Cymru) 2025 Sch. 1 para. 7(12) s. 29(2) art. 3(2)(d) Regulation and Inspection of Social Care (Wales) Act 2016 Deddf Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymru) 2016 s. 163(1)(d) Health and Social Care (Wales) Act 2025 Deddf Iechyd a Gofal Cymdeithasol (Cymru) 2025 Sch. 1 para. 7(13) s. 29(2) art. 3(2)(d) Regulation and Inspection of Social Care (Wales) Act 2016 Deddf Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymru) 2016 s. 85A The Regulation and Inspection of Social Care (Qualifications) (Wales) (Amendment) (EU Exit) Regulations 2019 Rheoliadau Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymwysterau) (Cymru) (Diwygio) (Ymadael â’r UE) 2019 reg. 8 reg. 15A - 19 reg. 1(2) Regulation and Inspection of Social Care (Wales) Act 2016 Deddf Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymru) 2016 s. 90A The Regulation and Inspection of Social Care (Qualifications) (Wales) (Amendment) (EU Exit) Regulations 2019 Rheoliadau Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymwysterau) (Cymru) (Diwygio) (Ymadael â’r UE) 2019 reg. 10 reg. 15A - 19 reg. 1(2) Regulation and Inspection of Social Care (Wales) Act 2016 Deddf Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymru) 2016 Sch. 1 para. 7(4)(a) The Regulation and Inspection of Social Care (Qualifications) (Wales) (Amendment) (EU Exit) Regulations 2019 Rheoliadau Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymwysterau) (Cymru) (Diwygio) (Ymadael â’r UE) 2019 reg. 14(1)(a)(i) reg. 15A - 19 reg. 1(2) Regulation and Inspection of Social Care (Wales) Act 2016 Deddf Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymru) 2016 Sch. 1 para. 7(4)(b) (c) The Regulation and Inspection of Social Care (Qualifications) (Wales) (Amendment) (EU Exit) Regulations 2019 Rheoliadau Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymwysterau) (Cymru) (Diwygio) (Ymadael â’r UE) 2019 reg. 14(1)(a)(ii) reg. 15A - 19 reg. 1(2) Regulation and Inspection of Social Care (Wales) Act 2016 Deddf Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymru) 2016 Sch. 1 para. 7(4A) The Regulation and Inspection of Social Care (Qualifications) (Wales) (Amendment) (EU Exit) Regulations 2019 Rheoliadau Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymwysterau) (Cymru) (Diwygio) (Ymadael â’r UE) 2019 reg. 14(1)(b) reg. 15A - 19 reg. 1(2) Regulation and Inspection of Social Care (Wales) Act 2016 Deddf Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymru) 2016 Sch. 1 para. 7(4)(b) The Regulation and Inspection of Social Care (Qualifications) (Wales) (Amendment) (EU Exit) Regulations 2019 Rheoliadau Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymwysterau) (Cymru) (Diwygio) (Ymadael â’r UE) 2019 reg. 14(2) reg. 15A - 19 reg. 1(3) Regulation and Inspection of Social Care (Wales) Act 2016 Deddf Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymru) 2016 Sch. 1 para. 7(4A) The Regulation and Inspection of Social Care (Qualifications) (Wales) (Amendment) (EU Exit) Regulations 2019 Rheoliadau Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymwysterau) (Cymru) (Diwygio) (Ymadael â’r UE) 2019 reg. 14(2) reg. 15A - 19 reg. 1(3) Regulation and Inspection of Social Care (Wales) Act 2016 Deddf Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymru) 2016 s. 83A Coronavirus Act 2020 Sch. 5 para. 2(3) s. 89 90 s. 87(1) Regulation and Inspection of Social Care (Wales) Act 2016 Deddf Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymru) 2016 s. 101(3) Coronavirus Act 2020 Sch. 5 para. 2(4)(b) s. 89 90 s. 87(1) Regulation and Inspection of Social Care (Wales) Act 2016 Deddf Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymru) 2016 s. 120(6) Sentencing Act 2020 Sch. 24 para. 309(2) Sch. 27 s. 416(1) reg. 2 Regulation and Inspection of Social Care (Wales) Act 2016 2016 anaw 2 An Act of the National Assembly for Wales to make provision for the registration and regulation of persons providing care home services, secure accommodation services, residential family centre services, adoption services, fostering services, adult placement services, advocacy services and domiciliary support services; amending the Social Services and Well-being (Wales) Act 2014 in connection with the regulation of the social services functions of local authorities; for the renaming of the Care Council for Wales as Social Care Wales; for Social Care Wales to provide advice and other assistance to persons providing services involving care and support; for the registration, regulation and training of social care workers; and for connected purposes. [18 January 2016] Having been passed by the National Assembly for Wales and having received the assent of Her Majesty, it is enacted as follows: PART 1 REGULATION OF SOCIAL CARE SERVICES CHAPTER 1 INTRODUCTION Overview of Part 1 1 In this Part— a this Chapter defines some key terms including what is meant by a “regulated service” in this Act, and sets out the general objectives of the Welsh Ministers in relation to the regulation of such services; b Chapter 2 sets out the Welsh Ministers' functions in relation to registering persons who provide regulated services, including provision about varying and cancelling registrations and provision about notifications and appeals; c Chapter 3 sets out the Welsh Ministers' powers to require information and to carry out inspections; d Chapter 4 confers some general functions on the Welsh Ministers in relation to regulated services; e Chapter 5 makes provision for offences and penalties; f Chapter 6 amends the Social Services and Well-being (Wales) Act 2014 (anaw 4) to make provision in respect of the social services functions of local authorities (on which, see Schedule 2 to the 2014 Act) including, in particular, provision about— i annual reports by local authorities; ii powers for the Welsh Ministers to conduct reviews of the way in which those functions are exercised; iii powers allowing for the inspection of premises used in connection with the exercise of those functions; iv powers for the Welsh Ministers to require information relating to the exercise of those functions; v offences in connection with inspections or requirements to provide information; vi powers for the Welsh Ministers to regulate the exercise of those local authority functions which relate to looked after and accommodated children; g Chapter 7 makes provision for the Welsh Ministers to monitor the financial sustainability of certain service providers and to prepare and publish reports about the stability of the market for social care services in Wales. Meaning of “regulated service” 2 1 In this Act, “ regulated service ” means— a a care home service, b a secure accommodation service, c a residential family centre service, d an adoption service, e a fostering service, f an adult placement service, g an advocacy service, h a domiciliary support service, and i any other service comprising the provision of care and support in Wales as may be prescribed. 2 Schedule 1 makes further provision about the meaning of terms used in subsection (1). 3 The Welsh Ministers may by regulations prescribe things which, despite Schedule 1, are not to be treated as regulated services for the purposes of this Act. 4 Before making regulations under this section the Welsh Ministers must consult such persons as they think appropriate. Other key terms 3 1 In this Act— a “ care ” means care relating to— i the day to day physical tasks and needs of the person cared for (for example, eating and washing), and ii the mental processes related to those tasks and needs (for example, the mental process of remembering to eat and wash); b “ regulatory functions ” means the Welsh Ministers' functions under— i this Part, ii sections 94A and 149A to 161B of the 2014 Act, and iii section 15 of the Adoption and Children Act 2002 (c.38) (inspection of premises relating to adoption services), but any function of making, confirming or approving subordinate legislation (as defined by section 158(1) of the Government of Wales Act 2006 (c.32)) is not a regulatory function; c “ service provider ” means a person registered under section 7 to provide a regulated service; d “ support ” means counselling, advice or other help, provided as part of a plan prepared for the person receiving support by— i a service provider or other person providing care and support to the person, or ii a local authority (even if the authority does not provide care and support to the person). 2 References in this Act to “care and support” are to be read as references to— a care, b support, or c both care and support. 3 The Welsh Ministers may by regulations prescribe things which, despite subsection (1)(a) and (d), are not to be treated as care and support for the purposes of this Act. General objectives 4 The general objectives of the Welsh Ministers in exercising their functions under this Part are— a to protect, promote and maintain the safety and well-being of people who use regulated services, and b to promote and maintain high standards in the provision of regulated services. CHAPTER 2 REGISTRATION ETC. OF SERVICE PROVIDERS Requirement to register Requirement to register 5 It is an offence for a person to provide a regulated service without being registered in accordance with this Chapter in respect of that service. Application for, variation of and cancellation of registration Application for registration as a service provider 6 1 A person who wants to provide a regulated service must make an application for registration to the Welsh Ministers— a specifying the regulated service that the person wants to provide, b specifying the places at, from or in relation to which the service is to be provided, c designating an individual as the responsible individual in respect of each place and stating each such individual's name and address (section 21 sets out who may be designated as a responsible individual), and d including such other information as may be prescribed. 2 An application must be in the prescribed form. 3 A person who wants to be registered as a service provider in respect of two or more regulated services may make a single application in respect of them. Grant or refusal of registration as a service provider 7 1 The Welsh Ministers must grant an application under section 6 if satisfied that— a the application— i contains everything required by or under subsection (1) of that section, ii in the case of an application relating to a domiciliary support service, contains the undertaking mentioned in section 8, and iii meets the requirements prescribed under section 6(2); b the applicant is a fit and proper person to be a service provider (see section 9); c each individual to be designated as a responsible individual— i is eligible to be a responsible individual in accordance with section 21(2), ii is a fit and proper person to be a responsible individual (see section 9), and iii will comply with any requirements of regulations under section 28 (so far as applicable); d the requirements of— i any regulations under section 27 (including any requirements as to the standard of care and support that must be provided), and ii any other enactment which appears to the Welsh Ministers to be relevant, will be complied with (so far as applicable) in relation to the provision of the regulated service. 2 In any other case the Welsh Ministers must refuse an application. 3 The grant of an application— a must be subject to a condition specifying— i the places at, from or in relation to which the service provider is to provide a regulated service, and ii the individual designated as the responsible individual for each place, and b may be subject to such further conditions as the Welsh Ministers think appropriate. 4 Where a person has made a single application in respect of two or more regulated services the Welsh Ministers may separately grant or refuse the application in respect of each service. 5 But the grant of an application takes effect only if the requirements of sections 18 to 20 are met (so far as applicable). Duration of domiciliary support visits 8 1 The undertaking mentioned in section 7(1)(a)(ii) and 11(3)(a)(ii) is that a domiciliary support service will not be provided by way of a visit which is shorter than 30 minutes unless either condition A, B or C is met. 2 Condition A applies where— a a local authority is required— i by virtue of section 35 or 37 of the 2014 Act, to meet the needs of the person being visited, or ii by virtue of section 40 or 42 of that Act, to meet the needs of that person's carer, and b the authority meets those needs by providing or arranging the provision of a domiciliary support service to the person being visited. 3 Condition A is that— a the individual carrying out the visit has previously carried out a visit during the period for which the local authority maintains— i a care and support plan under section 54(1) of the 2014 Act in respect of the person being visited, or ii a support plan under that section in respect of the person's carer, and b either— i the visit is conducted for the sole purpose of checking whether the person is safe and well, or ii the tasks to be performed during the visit can reasonably be, and are, completed to a standard which satisfies any requirements specified in regulations made under section 27 that are relevant to the visit. 4 Condition B applies where a domiciliary support service is provided in circumstances where Condition A does not apply. 5 Condition B is that— a a visit of less than 30 minutes is consistent with the terms of any arrangement to provide the service made between the service provider and the person being visited (or another person acting on behalf of the person being visited), b the visit is conducted for the sole purpose of checking whether the person is safe and well, or c the tasks to be performed during the visit can reasonably be, and are, completed to a standard which satisfies any requirements specified in regulations made under section 27 that are relevant to the visit. 6 Condition C applies in any case where a domiciliary support service is provided by way of a visit to a person. 7 Condition C is that the visit is curtailed at the request of the person being visited. Fit and proper person: relevant considerations 9 1 This section applies to any decision of the Welsh Ministers as to whether— a a service provider, b a person applying to be a service provider, c a responsible individual, or d a person to be designated as a responsible individual, is a fit and proper person to be a service provider or, as the case may be, a responsible individual. 2 In making such a decision the Welsh Ministers must have regard to all matters they think appropriate. 3 In particular, the Welsh Ministers must have regard to any evidence falling within subsections (4) to (8). 4 Evidence falls within this subsection if it shows that the person has— a committed— i any offence involving fraud or other dishonesty, violence, firearms or drugs or any offence listed in Schedule 3 to the Sexual Offences Act 2003 (c.42) (offences attracting notification requirements), ii an offence under this Act or regulations made under it, iii an offence under Part 2 of the Care Standards Act 2000 (c.14) or regulations made under it, or iv any other offence which the Welsh Ministers think is relevant, or b practised unlawful discrimination or harassment on the grounds of any characteristic which is a protected characteristic under section 4 of the Equality Act 2010 (c.15), or victimised another person contrary to that Act, in or in connection with the carrying on of any business. 5 Evidence is within this subsection if— a it shows that any other person associated or formerly associated with the person (whether on a personal, work or other basis) has done any of the things set out in subsection (4) or (6) , and b it appears to the Welsh Ministers that the evidence is relevant to the question as to whether the person is a fit and proper person to be a service provider or, as the case may be, a responsible individual. 6 Evidence is within this subsection if it shows that the person has been responsible for, contributed to or facilitated misconduct or mismanagement in the provision— a of a regulated service or a service provided outside Wales which, if provided in Wales, would be a regulated service; b of a service which would have fallen within paragraph (a) had the regulatory system established by this Part been operating at the time the service was being provided. 7 When having regard to evidence within subsection (6), the Welsh Ministers must, among other things, take account of— a the seriousness and duration of the misconduct or mismanagement; b harm caused to any person, or any evidence of an intent to cause harm; c any financial gain made by the person; d any action taken by the person to remedy the misconduct or mismanagement. 8 Evidence is within this subsection if it shows that the person has previously failed to comply with— a an undertaking given under section 7(1)(a)(ii) or 11(3)(a)(ii), b a condition imposed under this Part, or c a requirement imposed by regulations under section 27(1) or 28(1). 9 The Welsh Ministers may by regulations amend this section to vary the evidence to which they must have regard. Annual return 10 1 A service provider must submit an annual return to the Welsh Ministers following the end of each financial year during which the provider is registered. 2 An annual return must contain— a the following information— i the regulated services that the service provider is registered to provide; ii the places at, from or in relation to which the provider is registered to provide those services; iii the name of the responsible individual registered in respect of each such place; iv the date on which the provider's registration took effect in respect of each such regulated service and place; v details of any other conditions imposed on the service provider's registration; vi details of the number of persons to whom the provider provided care and support during the year in the course of providing each such service; vii such information about training offered or undertaken in relation to each such service as may be prescribed; viii such information about workforce planning as may be prescribed; ix such other information as may be prescribed, and b a statement setting out how the service provider has complied with any regulations made under section 27(1) specifying the standard of care and support that must be provided by a service provider (see section 27(2)). 3 An annual return must be in the prescribed form. 4 An annual return must be submitted to the Welsh Ministers within the prescribed time limit. 5 The Welsh Ministers must publish each annual return submitted under subsection (1). 6 Despite section 187(3), a statutory instrument containing— a the first regulations made under subsection (2)(a)(vii), b the first regulations made under subsection (2)(a)(viii), or c the first regulations made under subsection (2)(a)(ix), may not be made unless a draft of the instrument has been laid before and approved by a resolution of Senedd Cymru . Application for variation of registration as a service provider 11 1 A service provider must apply to the Welsh Ministers for a variation of the provider's registration if— a the provider wants to— i provide a regulated service which the provider is not already registered to provide, ii provide a regulated service at, from or in relation to a place which is not already specified in the provider's registration in relation to that service, iii cease to provide a regulated service, or iv cease to provide a regulated service at, from or in relation to a place; b the provider wants a condition imposed under section 7(3)(b), 12(2) or 13(1) to be varied or removed; c the provider wants to designate a different responsible individual in respect of a place or is required to designate a responsible individual because there is no such individual designated in respect of a place at, from or in relation to which the provider provides a regulated service. 2 The Welsh Ministers must by regulations prescribe a time limit within which an application for variation of a provider's registration must be made in circumstances where there is no responsible individual designated in respect of a place at, from or in relation to which the provider provides a regulated service. 3 An application under subsection (1) must— a contain— i details of the variation sought by the provider, ii in the case of an application under subsection (1)(a)(i) to provide a domiciliary support service, the undertaking set out in section 8, and iii such other information as may be prescribed; b be in the prescribed form. Grant or refusal of application for variation 12 1 The Welsh Ministers may grant or refuse an application under section 11 (but see subsection (2)). 2 In the case of an application under section 11(1)(b), the Welsh Ministers may (instead of granting or refusing the application)— a vary a condition on different terms to those specified in the application, or b impose another condition on the provider's registration (whether in place of or in addition to the condition which the provider applied to have varied or removed). 3 But a variation under this section takes effect only if the requirements of sections 18 to 20 are met (so far as applicable). Variation without application 13 1 The Welsh Ministers may— a vary any condition imposed under section 7(3)(b), 12(2) or paragraph (b) of this subsection, or b impose a further condition on a service provider's registration. 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 If a service provider provides more than one regulated service, the Welsh Ministers may vary the provider's registration by removing a regulated service if satisfied that— a the service provider no longer provides that service, or b the service is not being provided in accordance with the requirements mentioned in section 7(1)(d) so far as applicable to that service. 4 If a service provider provides a regulated service at, from or in relation to more than one place, the Welsh Ministers may vary the provider's registration by removing a place if satisfied that— a the service provider no longer provides a regulated service at, from or in relation to that place, b the service provided at, from or in relation to that place is not being provided in accordance with the requirements mentioned in section 7(1)(d) so far as applicable to that service, ba the responsible individual designated in respect of that place, or any other person, has been convicted of, or has been given a caution in respect of, a relevant offence in connection with a regulated service provided by the service provider at, from or in relation to that place, or c there is no responsible individual designated in respect of that place (and the time limit prescribed under section 11(2) has expired). 4A For the purposes of subsection (4)(ba) a relevant offence is an offence listed in section 15(2). 5 No variation may be made under this section unless— a in the case of variation under subsection (1), (3)(a) or (4)(a), the requirements of sections 18 and 19 are met; b in the case of variation under subsection (3)(b), (4)(b), (ba) or (c), the requirements of sections 16 and 17 are met. 6 But nothing in subsection (5) affects the power of the Welsh Ministers to urgently vary a registration under section 23. Application for cancellation of registration as a service provider 14 1 If a service provider applies to the Welsh Ministers for cancellation of the provider's registration, the Welsh Ministers must grant the application unless they have taken action with a view to cancelling the registration under section 15 or 23. 2 The Welsh Ministers must give notice of the granting of an application for cancellation under this section to the service provider. 3 Cancellation under this section takes effect— a on the day falling 3 months after the day on which the service provider receives the notice, or b such earlier day as the Welsh Ministers may specify in the notice. Cancellation without application 15 1 The Welsh Ministers may cancel the registration of a service provider on any of the following grounds— a the service provider no longer provides any regulated services; b the Welsh Ministers are no longer satisfied that the service provider is a fit and proper person to be a service provider (see section 9); ba the service provider has been convicted of, or has been given a caution in respect of, a relevant offence in connection with a regulated service that they provide; c there is no responsible individual designated in respect of each place at, from or in relation to which the provider provides a regulated service (and the time limit for applying to vary the registration prescribed in regulations made under section 11(2) has expired); d a responsible individual other than the service provider (see section 21(2)(a)) designated in respect of a place at, from or in relation to which the provider provides a regulated service has been convicted of, or has been given a caution in respect of, a relevant offence in connection with a regulated service provided by the service provider; e any other person has been convicted of, or has been given a caution in respect of, a relevant offence in connection with a regulated service provided by the service provider; f a regulated service provided by the service provider is not being provided in accordance with the requirements mentioned in section 7(1)(d) so far as applicable to that service. 2 For the purposes of subsection (1)(ba), (d) and (e), the following are relevant offences— a an offence under this Act or regulations made under it; b an offence under Part 2 of the Care Standards Act 2000 (c.14) or regulations made under it; c any offence which, in the opinion of the Welsh Ministers, makes it appropriate for the registration to be cancelled (including an offence committed outside England and Wales which, if committed in England and Wales, would constitute a criminal offence). 3 No cancellation may be made under this section unless — a in the case of cancellation on the grounds set out in subsection (1)(a), (b) or (ba), the requirements of sections 18 and 19 are met; b in the case of cancellation on the grounds set out in subsection (1)(c), (d), (e) or (f), the requirements of sections 16 and 17 are met. 4 But nothing in subsection (3) affects the power of the Welsh Ministers to urgently cancel a registration under section 23. Notice requirements Improvement notices 16 1 This section applies where the Welsh Ministers propose to— a cancel the registration of a service provider under section 15(1)(c), (d), (e) or (f) , or b vary a provider's registration under section 13(3)(b) or (4)(b), (ba) or (c) . 2 Before cancelling or varying the registration the Welsh Ministers must give an improvement notice to the service provider. 3 An improvement notice given under subsection (2) must specify— a the ground on which the Welsh Ministers propose to cancel or vary the registration and, in the case of a variation, the manner of the variation, b action the Welsh Ministers think the provider must take, or information the provider must provide, in order to satisfy them that cancellation or variation on the basis of that ground is not appropriate, and c a time limit within which— i the action must be taken or the information must be provided, and ii the service provider may make representations. 4 The service provider may make representations to the Welsh Ministers before the expiry of the time limit specified in the improvement notice and the Welsh Ministers must have regard to those representations when deciding what to do under section 17. Notice of decision following improvement notice 17 1 If the Welsh Ministers are satisfied that— a action specified in an improvement notice has been taken, or b information so specified has been provided, within the time limit specified in the notice they must notify the service provider that they have decided not to cancel or vary the provider's registration on the ground specified in the improvement notice. 2 If the Welsh Ministers are not satisfied that information specified in an improvement notice has been provided within the time limit specified in the notice they must give the service provider a decision notice stating that the provider's registration is to be cancelled or varied on the ground specified in the improvement notice. 3 If the Welsh Ministers are not satisfied that action specified in an improvement notice has been taken within the time limit specified in the notice they must either— a give the service provider a decision notice stating that the provider's registration is to be cancelled or varied on the ground specified in the improvement notice, or b notify the provider— i that the action has not been taken, ii of a new date by which the action must be taken, iii that, following that date, an inspection under section 33 of the regulated service or place to which the improvement notice relates will be carried out, and iv that, following that inspection, if the action has not been taken they will proceed to cancel or vary the provider's registration on the ground specified in the improvement notice. 4 If, after the inspection, the Welsh Ministers are satisfied that the action specified in the improvement notice has been taken they must notify the service provider that they have decided not to cancel or vary the provider's registration on the ground specified in the improvement notice. 5 If, after the inspection, the Welsh Ministers are still not satisfied that the action specified in the improvement notice has been taken they must give the service provider a decision notice stating that the provider's registration is to be cancelled or varied on the ground specified in the improvement notice. 6 A decision notice given under subsection (2), (3)(a) or (5) must— a state the reasons for the decision (including the grounds for cancellation or variation), and b explain the right of appeal conferred by section 26. 7 A decision stated in a notice given under subsection (2), (3)(a) or (5) takes effect— a if no appeal is made against the decision, on the day after the last day of the 28 day period referred to in section 26(2), or b if an appeal is made, on the day specified by the tribunal in determining the appeal or on the day the appeal is withdrawn. Notice of proposal 18 1 This section applies where the Welsh Ministers propose to— a grant an application for registration as a service provider subject to a condition that has not been agreed in writing with the applicant, b refuse an application for registration or for variation of registration as a service provider, ... c vary the registration of a service provider other than— i in accordance with an application for variation made under section 11, or ii under section 13(3)(b) or (4)(b), (ba) or (c), 23(1)(b) or 25(2)(a), or d cancel the registration of a service provider other than under section 15(1)(c), (d), (e) and (f). 2 The Welsh Ministers must give a notice of the proposal to the service provider— a specifying the action the Welsh Ministers propose to take, b giving reasons for the proposal, and c specifying a time limit of no less than 28 days from the date on which the notice is given within which the service provider may make representations to the Welsh Ministers. 3 A notice of proposal may specify action which, if taken by a provider within the time limit specified in the notice, would result in the Welsh Ministers not taking the action they propose in the notice. 4 In the case of a refusal of an application for registration as a service provider references in this section and section 19 to a “service provider” are to be treated as references to the person who applied to be registered as a service provider. Notice of decision following notice of proposal 19 1 This section applies where the Welsh Ministers have given a notice of proposal. 2 In making a decision on the proposal, the Welsh Ministers must have regard to any representations made to them (whether made by the service provider or any other person who the Welsh Ministers think has an interest). 3 If the Welsh Ministers are satisfied that a service provider has taken such action as may be specified under section 18(3) within the time limit specified in the notice of proposal, they must not take the action proposed in the notice. 4 The Welsh Ministers must give a notice of decision to the service provider no later than 28 days after the expiry of the later of— a the time limit specified under subsection (2)(c) of section 18, or b any time limit as may be specified under subsection (3) of that section. 5 Despite subsection (4), a notice of decision given after the 28 day period mentioned in that subsection is valid if the notice— a gives reasons for the delay in making the decision, and b is given no later than 56 days after the expiry of the later of the time limits mentioned in paragraphs (a) and (b) of subsection (4). 6 A notice of decision given under subsection (4) must— a state whether the Welsh Ministers have decided to take the action specified in the notice of proposal, b give reasons for the decision, and c if the Welsh Ministers have decided to take the action specified in the notice of proposal, explain the right of appeal conferred by section 26. 7 A decision stated in a notice given under subsection (4) to take action specified in a notice of proposal takes effect— a if no appeal is made against the decision, on the day after the last day of the 28 day period referred to in section 26(2), or b if an appeal is made, on the day specified by the tribunal in determining the appeal or on the day the appeal is withdrawn. 8 The Welsh Ministers may by regulations amend— a the 28 day period mentioned in subsection (4); b the 56 day period mentioned in subsection (5)(b). Notice of decision without notice of proposal 20 1 This section applies where the Welsh Ministers have decided to— a grant an application for registration as a service provider subject only to conditions that have been agreed in writing with the applicant, or b vary the registration of a service provider in accordance with an application for variation made under section 11. 2 The Welsh Ministers must give a notice of decision to the service provider. 3 A decision stated in a notice given under subsection (2) takes effect on the date on which the notice is given. Responsible individuals Responsible individuals 21 1 In this Part, “ responsible individual ” means an individual— a who is eligible to be a responsible individual under subsection (2), b who the Welsh Ministers are satisfied is a fit and proper person to be a responsible individual (see section 9), and c designated by a service provider in respect of a place at, from or in relation to which the provider provides a regulated service and specified as such in the service provider's registration. 2 To be eligible to be a responsible individual the individual must— a where the service provider is an individual, be the service provider; b where the service provider is a partnership, be one of the partners; c where the service provider is a body corporate other than a local authority— i be a director or similar officer of the body, ii in the case of a public limited company, be a director or company secretary, or iii in the case of a body corporate whose affairs are managed by its members, be a member of the body; d where the service provider is an unincorporated body, be a member of the body; e where the service provider is a local authority, be an officer of the local authority designated by the authority's director of social services. 3 For the purposes of subsection (2)(e), a local authority's director of social services may designate an officer only if the director thinks that the officer has the necessary experience and expertise to be a responsible individual. 4 The same responsible individual may be designated in relation to more than one place at, from or in relation to which a regulated service is provided. 5 The Welsh Ministers may, by regulations— a specify circumstances in which the Welsh Ministers (instead of a service provider) may designate an individual to be a responsible individual despite the requirements of subsection (2) not being met in respect of the individual, and b make provision for this Part to apply with prescribed modifications to such a responsible individual. Cancellation of designation of a responsible individual 22 1 The Welsh Ministers may cancel a responsible individual's designation only on one or more of the following grounds— a they have reason to believe the individual no longer satisfies the requirements of section 21(2); b they have reason to believe the individual has been convicted of, or has been given a caution in respect of, a relevant offence in connection with a regulated service provided by the service provider; c they are no longer satisfied that the individual is a fit and proper person to be a responsible individual (see section 9); d they have reason to believe that the individual has not complied with a requirement imposed on the individual by regulations under section 28(1). 2 In subsection (1)(b), “ relevant offence ” has the same meaning as in section 15. 3 If the Welsh Ministers propose to cancel a responsible individual's designation they must give the individual an improvement notice. 4 An improvement notice given under subsection (3) must specify— a the reason why the Welsh Ministers propose to cancel the responsible individual's designation, b either— i action that they think the individual must take, or ii information they think the individual must provide, in order to satisfy them that the individual's designation should not be cancelled, and c a time limit within which the action must be taken or the information must be provided. 5 If the Welsh Ministers are not satisfied that— a action specified in an improvement notice has been taken, or b information so specified has been provided, within the time limit specified in the notice they may give a notice of cancellation. 6 The Welsh Ministers may give a notice of cancellation of a responsible individual's designation without taking the steps mentioned in subsections (3) to (5) if they have reasonable cause to believe that unless the designation is cancelled a person will or may be exposed to a risk of harm. 7 A notice of cancellation must be given to— a the responsible individual, and b the service provider who designated the individual. 8 An individual ceases to be designated as a responsible individual when the notice of cancellation is given to the service provider. 9 A notice of cancellation must— a give reasons for the decision, b explain the right of appeal conferred by section 26, c explain the requirement on the service provider to apply for variation of registration (see section 11(1)(c)), and d state the time limit prescribed under section 11(2) (prescribed time limit for applying to designate a new responsible individual). 10 In subsection (6), “ harm ” means abuse or impairment of— a physical or mental health, or b physical, intellectual, emotional, social or behavioural development, and in a case where the harm relates to the impairment of a child's health or development, the child's health or development is to be compared with that which could reasonably be expected of a similar child. Urgent action Urgent cancellation or variation of services or places 23 1 The Welsh Ministers may apply to a justice of the peace for an order authorising them— a to cancel the registration of a service provider, or b to vary the registration of a service provider by removing from the registration— i a regulated service, or ii a place at, from or in relation to which the provider is providing a regulated service. 2 The Welsh Ministers may apply for an order under subsection (1) only on the ground that unless the registration is cancelled or varied there is a serious risk— a to a person's— i life, or ii physical or mental health, or b of a person suffering from abuse or neglect. 3 As soon as practicable after making an application under subsection (1) the Welsh Ministers must notify— a each local authority and Local Health Board in whose area the service provider provides a regulated service, and b any other person the Welsh Ministers think it appropriate to notify. 4 The justice of the peace may make the order only if the justice is satisfied as to the ground on which the Welsh Ministers made the application. 5 An order under this section may be made in the absence of the service provider to whom it relates if the justice of the peace is satisfied that— a the Welsh Ministers have taken all reasonable steps to notify the service provider of their intention to apply for an order under this section, or b it is not appropriate to take any such steps. 6 An order made under this section has effect— a as soon as it is made, or b at such other time as the justice of the peace thinks appropriate. 7 In particular, the justice of the peace may specify that the order is not to take effect until such time following the giving of notice under section 24(1) as the justice thinks appropriate. Urgent cancellation or variation: notification and appeals 24 1 As soon as is practicable after an order is made under section 23 the Welsh Ministers must give a notice to the service provider to whom the order relates explaining— a the terms of the order, and b the right of appeal conferred by subsection (2). 2 No later than 14 days after the day on which the notice given under subsection (1) is given, the service provider may appeal to the tribunal against the making of the order. 3 But the tribunal may allow an appeal to be made after the expiry of that 14 day period if it is satisfied that there is a good reason for the failure to appeal before the expiry of that period (and for any delay in applying for permission to appeal out of time). 4 On an appeal under subsection (2), the tribunal may— a confirm the order; b revoke the order; c make such other order (including an interim order) as the tribunal thinks appropriate. 5 An interim order of the tribunal may, among other things, suspend the effect of an order made under section 23 for such period as the tribunal may specify. Urgent variation of registration: other conditions 25 1 This section applies where the Welsh Ministers think that unless they act under this section there is, or may be, a risk— a to a person's— i life, or ii physical or mental health, or b of a person suffering from abuse or neglect. 2 The Welsh Ministers may give a decision notice to a service provider— a varying a condition imposed under section 7(3)(b), 12(2), 13(1) or previously imposed under this section, or b imposing a condition that could have been imposed under any of those sections. 3 A decision notice given under subsection (2) takes effect on the day it is given. 4 A decision notice given under subsection (2) must— a state that it is given under this section, b specify the condition to be varied or imposed, c give reasons for imposing or varying the condition, d explain the right to make representations conferred by subsection (5), and e explain the right of appeal conferred by section 26. 5 The Welsh Ministers may vary or remove a condition varied or imposed under subsection (2) by giving a further decision notice to the service provider, but before doing so they must have regard to any representations made to them by the service provider about the notice given under subsection (2). 6 A decision notice given under subsection (5) takes effect on the day it is given. 7 A decision notice given under subsection (5) must— a state that it is given under this section, b specify the condition to be varied or removed, c give reasons for the decision, and d explain the right of appeal conferred by section 26. Appeals Appeals 26 1 An appeal lies to the tribunal against a decision contained in a notice given under section 17(2), (3)(a) or (5), 19(4), 22(5) or (6) or 25(2) or (5). 2 An appeal under subsection (1) must be made no later than 28 days after the date on which the decision notice is given. 3 But the tribunal may allow an appeal to be made after the expiry of that 28 day period if it is satisfied that there is a good reason for the failure to appeal before the expiry of that period (and for any delay in applying for permission to appeal out of time). 4 On an appeal under subsection (1), the tribunal may— a confirm the decision; b direct that the decision is not to take effect (or, if the decision has taken effect, direct that the decision is to cease to have effect); c substitute for the decision appealed against another decision that the Welsh Ministers could have made; d make such other order (including an interim order) as the tribunal thinks appropriate. 5 An interim order may, among other things, suspend the effect of a decision for such period as the tribunal may specify. Regulations and guidance Regulations about regulated services 27 1 The Welsh Ministers may by regulations impose requirements on a service provider in relation to a regulated service. 2 Requirements imposed by regulations under subsection (1) must include requirements as to the standard of care and support to be provided by a service provider. 3 The Welsh Ministers must, when making regulations imposing requirements of the kind mentioned in subsection (2), have regard to— a the importance of the well-being of any individuals to whom care and support will be provided, and b the quality standards included in any code issued under section 9 of the 2014 Act (codes to help achieve outcomes specified in well-being statements). 4 Before making regulations under this section the Welsh Ministers must— a consult any persons they think appropriate, and b publish a statement about the consultation. 5 The Welsh Ministers must lay a copy of a statement published under subsection (4)(b) before Senedd Cymru . 6 But the requirement to consult and publish a statement does not apply to regulations which— a amend other regulations made under this section, and b do not, in the opinion of the Welsh Ministers, effect any substantial change in the provision made by the regulations to be amended. Regulations about responsible individuals 28 1 The Welsh Ministers may by regulations impose requirements on a responsible individual in relation to a place in respect of which the individual is designated. 2 Regulations under subsection (1) may include provision requiring a responsible individual to appoint an individual of a prescribed description to manage the place in respect of which the responsible individual is designated. 3 Regulations under subsection (1) may make provision for a function conferred on a responsible individual by the regulations to be delegated to another person only in prescribed circumstances but such provision may not affect the liability or responsibility of the responsible individual for exercising the function. 4 Before making regulations under this section the Welsh Ministers must consult any persons they think appropriate. 5 But the requirement to consult does not apply to regulations which— a amend other regulations made under this section, and b do not, in the opinion of the Welsh Ministers, effect any substantial change in the provision made by the regulations to be amended. Guidance about regulations under sections 27 and 28 29 1 The Welsh Ministers must publish guidance about how— a service providers may comply with requirements imposed by regulations under section 27(1) (including how providers may meet any standards for the provision of a regulated service specified by such regulations); b responsible individuals may comply with requirements imposed by regulations under section 28(1). 2 The Welsh Ministers may revise guidance published under subsection (1) and must publish the revised guidance. 3 Service providers and responsible individuals must have regard to guidance published under this section. Regulations about service providers who are liquidated etc. 30 1 The Welsh Ministers may by regulations make provision— a requiring an appointed person to notify them of that appointment; b for this Part to apply with prescribed modifications to service providers in relation to whom such a person has been appointed. 2 In subsection (1) “ appointed person ” means a person appointed as— a a receiver or administrative receiver of the property of a service provider who is a body corporate or a partnership; b a liquidator, provisional liquidator or administrator of a service provider who is a body corporate or a partnership; c a trustee in bankruptcy of a service provider who is an individual or a partnership. Regulations about service providers who have died 31 1 The Welsh Ministers may by regulations make provision— a for this Part to apply with prescribed modifications where a service provider who is an individual has died; b requiring the personal representatives of such an individual to notify the Welsh Ministers of the death. 2 Regulations under subsection (1) may in particular provide for a prescribed person who is not a service provider to act in that capacity for a prescribed period and for that period to be extended in prescribed circumstances. CHAPTER 3 INFORMATION AND INSPECTIONS Power to require information 32 1 The Welsh Ministers may require a relevant person to provide them with any information relating to a regulated service which the Welsh Ministers think necessary or expedient to obtain for the purposes of exercising their functions under Chapter 2 and this Chapter of this Part or under sections 38 to 40. 2 But the Welsh Ministers may not require a person to provide information if disclosure of that information is prohibited by any enactment or other rule of law. 3 For the purposes of subsection (1), “ relevant person ” means— a a service provider, b a responsible individual, c a person employed by or otherwise working for a service provider, and d any person who has held any of those positions. 4 The power to require information under subsection (1) includes— a power to require copies of any documents or records (including medical and other personal records), and b power to require the provision of information in legible form. Inspections and inspectors 33 1 In this Part a reference to an “ inspection ” is a reference to an inspection— a of the standard of any care and support provided by a service provider in the course of providing a regulated service, measured in relation to any requirements imposed by regulations under section 27(1) as to the standard of care and support to be provided; b of the organisation and co-ordination of regulated services provided by a service provider. 2 Only an individual authorised by the Welsh Ministers (referred to in this Part as an “ inspector ”) may carry out an inspection. 3 The Welsh Ministers may by regulations make provision about the qualifications and other conditions to be met by an individual who may be an inspector. 4 The Welsh Ministers must prepare and publish a code of practice about the manner in which inspections are to be carried out (including the frequency of inspections). 5 The Welsh Ministers may revise the code and must publish a revised code. 6 An inspector must have regard to the code when carrying out an inspection. Powers of inspector to enter and inspect premises 34 1 For the purposes of carrying out an inspection, an inspector may enter and inspect any premises which the inspector has reasonable grounds to believe is (or has been) used— a as a place at or from which a regulated service is (or has been) provided, or b in connection with the provision of a regulated service. 2 But an inspector may not enter and inspect premises used wholly or mainly as a private dwelling unless the occupier consents. 3 Where an inspector enters premises for the purposes of carrying out an inspection, the inspector must, if requested to do so by any person at the premises, produce a document showing the inspector's authorisation under section 33. 4 The inspector may— a examine the state and management of the premises and assess the well-being of any persons accommodated or receiving care and support there; b require— i the manager or any other person who appears to the inspector to be responsible for the day to day management of the service at or from the premises, or ii where the service is no longer being provided, a person who appears to the inspector to have responsibility for the day to day management of the premises, to produce any documents or records (including medical and other personal records) that the inspector thinks may be relevant to the provision of the regulated service; c inspect and take copies of any documents or records (including medical and other personal records) that the inspector thinks may be relevant to the provision of the regulated service; d seize and remove any document or other thing found at the premises which the inspector has reasonable grounds to believe may be evidence of a failure to comply with any condition or other requirement imposed by virtue of this Part; e require— i the manager or any other person who appears to the inspector to be responsible for the day to day management of the service at or from the premises, or ii where the service is no longer being provided, a person who appears to the inspector to have responsibility for the day to day management of the premises, to afford the inspector such facilities and assistance as are necessary to enable the inspector to carry out the inspection; f take such measurements and photographs and make such recordings as the inspector thinks necessary for the purpose of carrying out the inspection. 5 The powers in subsection (4)(b) to (d) include the power to— a gain access to and check the operation of any computer and associated apparatus which the inspector has reasonable grounds to believe is (or has been) used in connection with the documents or records, and b require documents or records to be produced in a form which is legible and portable. 6 “ Premises ” includes a vehicle. Powers of inspector to interview and examine persons 35 1 If an inspector thinks it necessary or expedient for the purposes of carrying out an inspection, the inspector may require any person to be interviewed by the inspector in private. 2 But an inspector may not interview in private a person falling within subsection (3) without the person's consent. 3 The following persons fall within this subsection— a a person to whom the service provider provides (or has provided) care and support; b an individual with parental responsibility for the person; c a relative of the person; d the person's carer; e a donee of a lasting power of attorney over the person. 4 An inspector may examine in private a person to whom the service provider provides (or has provided) care and support if— a the inspector is a registered medical practitioner or registered nurse, b the inspector thinks the examination is necessary or expedient for the purposes of assessing the effect of any such care and support on the well-being of the person, and c the person consents to the examination. 5 For the purposes of subsections (1) and (4), an interview or examination is to be treated as conducted in private despite the presence of a third party if— a the person being interviewed or examined wants the third party to be present and the inspector does not object, or b the inspector wants the third party to be present and the person being interviewed or examined consents. 6 Where an inspector conducts an interview or examination under this section, the inspector must, if requested to do so by— a the person being interviewed or examined, or b an individual accompanying that person, produce a document showing the inspector's authorisation under section 33 and, in the case of an examination, a document showing that the inspector is a registered medical practitioner or registered nurse. 7 In this section— “ carer ” (“ gofalwr ”) has the meaning given by section 3 of the 2014 Act; “ child ” (“ plentyn ”) means a person who is aged under 18; “ donee of a lasting power of attorney ” (“ rhoddai atwrneiaeth arhosol ”) has the same meaning as in Part 1 of the Mental Capacity Act 2005 (c.9); “ parental responsibility ” (“ cyfrifoldeb rhiant ”) has the meaning given by section 3 of the Children Act 1989 (c.41); “ relative ” (“ perthynas ”), in relation to a person, means that person's parent, grandparent, child, grandchild, brother, half-brother, sister, half-sister, uncle, aunt, nephew or niece (including any person who is or has been in that relationship by virtue of a marriage or civil partnership or an enduring family relationship). Inspection reports 36 1 As soon as is reasonably practicable after an inspection has been carried out, the Welsh Ministers must prepare a report of the inspection and send a copy of it to the service provider. 2 A report must include— a an assessment of the standard of any care and support provided (or which had been provided) by the service provider, measured in relation to any requirements imposed by regulations under section 27(1) as to the standard of care and support to be provided, b an assessment of the effect of any such care and support on the well-being of persons to whom the care and support is (or had been) provided, c an assessment of the organisation and co-ordination of regulated services provided (or which had been provided) by the service provider, and d if regulations are made under section 37, a rating of the service provider. 3 The Welsh Ministers must— a publish each report prepared under subsection (1); b ensure that copies are made available for inspection at such places and by such means as the Welsh Ministers think appropriate; c send a copy of a report prepared under subsection (1) to any person who requests one. Inspection ratings 37 1 The Welsh Ministers may by regulations make provision about ratings that may be given in relation to the quality of care and support provided by a service provider who has been inspected. 2 Regulations under subsection (1)— a may make provision requiring a service provider to display a rating included in a report prepared under section 36(1) in such manner, and at such place, as the regulations may specify, b may specify criteria to be applied when arriving at a rating, and c must include provision for a service provider to appeal against a rating included in a report prepared under section 36(1). 3 Before making regulations under subsection (1) the Welsh Ministers must consult any persons they think appropriate. 4 But the requirement to consult does not apply to regulations which— a amend other regulations made under that subsection, and b do not, in the opinion of the Welsh Ministers, effect any substantial change in the provision made by the regulations to be amended. CHAPTER 4 GENERAL FUNCTIONS Register of service providers 38 1 The Welsh Ministers must maintain a register of service providers. 2 An entry in the register in respect of a service provider must show the following information— a the regulated services that the service provider is registered to provide; b the places at, from or in relation to which the provider is registered to provide those services; c the name of the responsible individual registered in respect of each such place; d the date on which the provider's registration took effect in respect of each such regulated service and place; e details of any other conditions imposed on the service provider's registration; f a summary of any inspection report relating to the service provider which has been published under section 36(3)(a); g such other information as may be prescribed. 3 The Welsh Ministers must publish the register and make it available for public inspection free of charge, in such manner, and at such times, as they think appropriate (but see subsection (5)(a)). 4 The Welsh Ministers must comply with any reasonable request made by a person for a copy of, or an extract from, the register (but see subsection (5)(b)). 5 The Welsh Ministers may— a omit prescribed information from the published register in prescribed circumstances; b refuse to comply with a request made under subsection (4) in prescribed circumstances. Notifying local authorities of certain action taken under this Part 39 1 The Welsh Ministers must notify each local authority of— a the cancellation of the registration of a service provider; b the variation of the registration of a service provider by removing from the registration— i a regulated service, or ii a place at, from or in relation to which the provider is providing a regulated service; c the making of an order by a justice of the peace under section 23 (urgent cancellation or variation by removing a service or place); d the cancellation of a designation of a responsible individual under section 22; e proceedings brought against a person in respect of an offence under this Part or under regulations made under it; f a penalty notice given under section 52; g any other thing that may occur by virtue of this Part or regulations made under it as may be prescribed. 2 A notification under this section must contain such other information as may be prescribed. 3 In subsection (1) the reference to “ local authority ” includes a reference to— a a county council in England, b a district council for an area in England for which there is no county council, c a London borough council, d the Common Council of the City of London, and e the Council of the Isles of Scilly. Charging fees 40 1 The Welsh Ministers may by regulations make provision requiring a fee to be paid by a person— a making an application for registration as a service provider (see section 6); b making an application to vary a registration (see section 11); c to allow the person to continue to be registered as a service provider for such period as may be specified in the regulations; d for a copy of an inspection report (see section 36(3)(c)); e for a copy of the register published under section 38(3), or an extract of it. 2 Regulations under subsection (1) may include provision— a specifying the amount of any fee or permitting the Welsh Ministers to determine the amount of any fee (subject to any limits or other factors as may be specified in the regulations); b specifying circumstances in which a fee, which would otherwise be payable under the regulations, is not payable; c specifying the time by which a fee is to be payable or specifying factors by which that time is to be determined by the Welsh Ministers; d about the consequences of failing to pay a fee (which may include refusal to register, or cancellation of registration). 3 Before making regulations under subsection (1) the Welsh Ministers must take reasonable steps to consult— a persons who the Welsh Ministers think may be required to pay a fee by virtue of the regulations, and b such other persons as they think appropriate. 4 A fee payable by virtue of regulations made under subsection (1) may, without prejudice to any other method of recovery, be recovered summarily as a civil debt. Engagement with the public 41 1 The Welsh Ministers must— a make information about the exercise of their regulatory functions available for the public, and b prepare and publish a statement of their policy with respect to involving the public in the exercise of those functions (whether by consultation or other means). 2 The Welsh Ministers— a may revise a statement of policy and must publish the revised statement, or b may publish a new statement of policy. 3 A statement of policy (or revised statement) must, in particular, address— a the involvement of the public in inspections carried out under Chapter 3, and b the involvement of carers (within the meaning of section 3 of the 2014 Act) in the exercise of the Welsh Ministers' regulatory functions. 4 The Welsh Ministers must lay a copy of a published statement of policy (or revised statement) before Senedd Cymru . 5 The Welsh Ministers must have regard to the most recent policy statement published under this section when exercising their regulatory functions. Annual report on regulatory functions 42 1 As soon as is reasonably practicable after the end of a financial year, the Welsh Ministers must prepare and publish an annual report about the exercise of their regulatory functions in respect of that financial year. 2 The annual report must include details of— a how the Welsh Ministers have exercised those functions during the year, b the extent to which they have, in the exercise of those functions— i achieved the objectives referred to in section 4, and ii had regard to the most recent statement of policy published under section 41, and c how the duties mentioned in subsection (4) affected the exercise of those functions during the year. 3 The annual report may include any other information the Welsh Ministers think appropriate. 4 The duties referred to in subsection (2)(c) are the Welsh Ministers' duties under— a section 149 of the Equality Act 2010 (c.15) (public sector equality duty), b section 1(1) of the Rights of Children and Young Persons (Wales) Measure 2011 (nawm 2) (duty to have due regard to the United Nations Convention on the Rights of the Child), c section 7(1) of the 2014 Act (duty to have due regard to the United Nations Principles for Older Persons when exercising functions relating to adult social services), and d Part 4 of the Welsh Language (Wales) Measure 2011 (nawm 1) (standards). 5 The Welsh Ministers must lay a copy of a published annual report before Senedd Cymru . CHAPTER 5 OFFENCES AND PENALTIES Failure to comply with a condition 43 1 It is an offence for a service provider to fail to comply with any condition relating to the provider's registration which is for the time being in force by virtue of this Part. 2 But a service provider does not commit an offence under subsection (1) by failing to have a responsible individual designated in respect of a place at, from or in relation to which the provider provides a regulated service if— a the time limit prescribed under section 11(2) has not expired (prescribed time limit for applying to designate a new responsible individual), or b that time limit has expired but the service provider made the application for variation within the time limit and the Welsh Ministers have not made a decision on it. False descriptions 44 1 It is an offence for a person to, with intent to deceive another— a pretend to be a service provider, b pretend that a place is one at, from or in relation to which a regulated service is provided, or c pretend to be a responsible individual. 2 Any of the following may (among other things) be an act constituting an offence under subsection (1)— a applying a name to a service or place to give the impression that it is specified in a service provider's registration when it is not; b describing a service or place in a manner intended to give that impression; c holding a service out to be a regulated service specified in a service provider's registration when it is not; d holding a place out to be a place specified in a service provider's registration when it is not; e acting in a manner that gives the impression of being a responsible individual when not designated as one. Failure by service provider to comply with requirements in regulations 45 The Welsh Ministers may by regulations provide that it is an offence for a service provider to fail to comply with a specified provision of regulations made under section 27 or 37(2)(a). Failure by responsible individual to comply with requirements in regulations 46 The Welsh Ministers may by regulations provide that it is an offence for a responsible individual to fail to comply with a specified provision of regulations made under section 28. False statements 47 It is an offence for a person to make a statement which the person knows is false or materially misleading in— a an application for registration as a service provider, b an application for variation or cancellation of registration, c an annual return submitted under section 10, or d responding to a requirement imposed by the Welsh Ministers under section 32(1) (requirement to provide information). Failure to submit annual return 48 It is an offence for a service provider to fail to submit an annual return to the Welsh Ministers within the time limit prescribed under section 10(4). Failure to provide information 49 1 It is an offence for a person to fail to comply with a requirement imposed on the person by the Welsh Ministers under section 32(1). 2 It is a defence for a person charged with an offence under subsection (1) to show that the person had a reasonable excuse for failing to comply with the requirement. Offences related to inspections 50 1 It is an offence for a person to— a intentionally obstruct an inspector exercising any function conferred on an inspector by Chapter 3, or b fail to comply with any requirement imposed on the person by an inspector exercising such a function. 2 It is a defence for a person charged with an offence under subsection (1)(b) to show that the person had a reasonable excuse for failing to comply with the requirement. Penalties upon conviction 51 1 A person guilty of an offence under section 5, 43, 44, 47, 49 or 50 or under regulations made under section 45 or 46 is liable— a on summary conviction, to a fine, or to imprisonment for a term not exceeding 6 months, or to both; b on conviction on indictment, to a fine, or to imprisonment for a term not exceeding 2 years, or to both. 2 A person guilty of an offence under section 48 is liable on summary conviction to a fine. Penalty notices 52 1 The Welsh Ministers may give a penalty notice to a person if they are satisfied that the person has committed a prescribed offence. 2 Only offences under sections 47, 48 or 49 or under regulations made under section 45 or 46 may be so prescribed. 3 A penalty notice is a notice offering the person the opportunity of discharging any liability to conviction for the offence to which the notice relates by payment to the Welsh Ministers of a sum specified in the notice in accordance with the terms of the notice. 4 Where a person is given a penalty notice, proceedings for the offence to which the notice relates may not be brought before the end of such period as may be specified in the notice. 5 If a person who is given a penalty notice pays the sum specified in the notice in accordance with the terms of the notice, the person cannot be convicted of the offence to which the notice relates. 6 The Welsh Ministers may by regulations make provision— a as to the form and content of penalty notices; b as to the sum payable under a penalty notice and the time within which it is to be paid (including provision permitting a different sum to be payable in relation to different offences and according to the time by which it is paid); c determining the ways in which a sum may be paid; d as to the records to be kept in relation to penalty notices; e about the circumstances in which a penalty notice may be withdrawn, including provision about— i the repayment of any sum paid before a notice is withdrawn, and ii the circumstances in which proceedings for an offence may not be brought despite the withdrawal of a notice. 7 Regulations under subsection (6)(b) may not make provision for a sum to be payable under a penalty notice which exceeds two and a half times level 4 on the standard scale. Offences by bodies corporate 53 1 This section applies where an offence under this Part or under regulations made under it is committed by a body corporate. 2 A person mentioned in subsection (3) also commits the offence if the offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of, that person. 3 Those persons are— a a director, manager, secretary or other similar officer of the body corporate, b where a body corporate's affairs are managed by its members, a member, or c any person purporting to act in any of those capacities. 4 Where a body corporate is a local authority, the reference in subsection (3) to a director, manager or secretary of the body is to be read as a reference to an officer or member of the authority. Offences by unincorporated bodies 54 1 This section applies to offences under this Part and under regulations made under it. 2 Proceedings for an offence alleged to have been committed by an unincorporated body may be brought in the name of the body instead of in the name of any of its members and, for the purposes of any such proceedings, any rules of court relating to the service of documents have effect as if that body were a body corporate. 3 Any fine imposed on an unincorporated body on its conviction of an offence is to be paid out of the funds of that body. 4 If an unincorporated body is charged with an offence, section 33 of the Criminal Justice Act 1925 (c.86) and Schedule 3 to the Magistrates' Courts Act 1980 (c.43) have effect as if a body corporate had been charged. Proceedings for offences 55 1 Proceedings in respect of an offence under this Part or regulations made under it may not, without the written consent of the Counsel General to the Welsh Government, be brought by any person other than the Counsel General or the Welsh Ministers. 2 Summary proceedings in respect of an offence under this Part or regulations made under it must be brought within the period of 12 months beginning on the date on which sufficient evidence to warrant the proceedings came to the prosecutor's knowledge. 3 But no such proceedings may be brought more than three years after the offence is committed. CHAPTER 6 LOCAL AUTHORITY SOCIAL SERVICES Reports by local authorities and general duty of the Welsh Ministers 56 1 After section 144 of the 2014 Act (directors of social services) insert— Annual reports 144A 1 As soon as is reasonably practicable after the end of a financial year, a local authority must prepare and publish an annual report about the exercise of the social services functions of the authority in respect of that year. 2 The annual report must include— a details of how the authority has exercised its social services functions during the financial year, including details of the extent to which the authority has— i acted in accordance with requirements imposed on local authorities by a code issued under section 9 (codes to help achieve outcomes in relation to well-being), ii acted in accordance with any relevant requirements contained in a code issued under section 145 (codes about the exercise of social services functions), and iii had regard to any relevant guidelines in a code issued under section 145, and b such other information as may be prescribed by regulations. 3 The details provided under subsection (2)(a)(ii) must state how the authority has satisfied any requirements contained in a code relating to assessing the needs of an individual in accordance with Part 3 and meeting needs under Part 4. 4 An annual report must be in such form as may be prescribed by regulations. 5 A local authority must send a copy of a published annual report to the Welsh Ministers. 6 In this section, “ financial year ” means the period of one year beginning on 1 April and ending on 31 March. Local market stability reports 144B 1 A local authority must prepare and publish a local market stability report at such times as may be prescribed by regulations. 2 A local market stability report must include— a an assessment of— i the sufficiency of provision of care and support in the local authority area during such period as may be prescribed by regulations; ii the extent to which regulated services were provided in the local authority area during that prescribed period by service providers to whom section 61 of the Regulation and Inspection of Social Care (Wales) Act 2016 (assessment by the Welsh Ministers of financial sustainability of service provider) applies; iii any other matter relating to the provision of regulated services in the local authority area as may be prescribed by regulations; iv the effect on the exercise of the local authority's social services functions of the commissioning by the authority of any services in connection with those functions during such period as may be prescribed by regulations; b a report of any action taken by the local authority during the period prescribed under paragraph (a)(i) in pursuance of its duty under section 189(2) (temporary duty to meet needs in the case of a provider failure). 3 A local market stability report must be in such form as may be prescribed by regulations. 4 In preparing a local market stability report, a local authority must— a take account of— i the assessment it has most recently published under section 14 (needs assessments), and ii the plan it has most recently published under section 14A following the assessment, and b consult with each Local Health Board with which it carried out the assessment. 5 A local authority must send a copy of a published local market stability report to the Welsh Ministers. 6 Before making regulations under subsection (2)(a)(iii) the Welsh Ministers must consult any persons they think appropriate. 7 But the requirement to consult does not apply to regulations which— a amend other regulations made under that subsection, and b do not, in the opinion of the Welsh Ministers, effect any substantial change in the provision made by the regulations to be amended. 8 In this section— a “ service provider ” has the meaning given by section 3(1)(c) of the Regulation and Inspection of Social Care (Wales) Act 2016; b “ regulated service ” has the meaning given by section 2(1) of that Act. General duty of the Welsh Ministers General duty of the Welsh Ministers 144C In exercising functions under this Part the Welsh Ministers must seek to promote and maintain high standards in the provision of local authority social services functions. 2 In section 196(6) of the 2014 Act (regulations made only if draft approved by resolution of the National Assembly for Wales), after paragraph (c) insert— d the first regulations made under section 144A(2)(b); . Reviews, investigations and inspections 57 1 After section 149 of the 2014 Act (directions to require compliance with codes of practice) insert— Reviews Reviews of studies and research 149A 1 The Welsh Ministers may review— a studies and research undertaken by others in relation to the exercise of the social services functions of local authorities in Wales, b the methods used in such studies and research, and c the validity of conclusions drawn from such studies and research. 2 The Welsh Ministers must— a prepare and publish a report of a review conducted under subsection (1), and b lay a copy of the report before the National Assembly for Wales. Reviews of local authority social services functions 149B 1 The Welsh Ministers may review the way in which the social services functions of local authorities are exercised. 2 In particular, the Welsh Ministers may— a review the overall exercise of local authority social services functions in Wales; b review the way in which the social services functions of a particular local authority are exercised; c review the exercise of a local authority social services function of a particular description (whether exercised by a single local authority or by two or more authorities working together); d review the exercise of a local authority social services function by a particular person or persons. 3 A reference in subsection (2) to the exercise by a local authority of local authority social services functions includes a reference to the commissioning of any services in connection with those functions. 4 The Welsh Ministers must— a prepare and publish a report of a review conducted under subsection (1), and b lay a copy of the report before the National Assembly for Wales. 5 Regulations may make provision about ratings that may be given in relation to the exercise of a specified local authority social services function. 6 If regulations are made under subsection (5) in relation to the exercise of a local authority social services function, the Welsh Ministers must— a in conducting a review of the exercise of that function give a rating in accordance with the regulations, and b include the rating in their report of the review. 7 Before making regulations under subsection (5) the Welsh Ministers must consult any persons they think appropriate. 8 But the requirement to consult does not apply to regulations which— a amend other regulations made under that subsection, and b do not, in the opinion of the Welsh Ministers, effect any substantial change in the provision made by the regulations to be amended. Fees 149C 1 Regulations may make provision for a local authority to pay a fee in respect of a review under section 149B(1). 2 Regulations under subsection (1) may include provision— a specifying the amount of any fee or permitting the Welsh Ministers to determine the amount of any fee (subject to any limits or other factors as may be specified in the regulations); b specifying the time by which a fee is to be payable or specifying factors by which that time is to be determined by the Welsh Ministers. General considerations 149D When conducting a review under section 149A or 149B, the Welsh Ministers must, in relation to the local authority social services functions under review, have regard to— a the availability and accessibility of the services; b the quality and effectiveness of the services; c the management of the services; d the economy and efficiency of their provision and their value for money; e the availability and quality of information provided to people in the local authority area about the services; f the duties imposed on local authorities by sections 5 (duty to promote well-being), 6 (other overarching duties) and 7 (duties relating to UN Principles and Convention) in so far as they are relevant to the services and the effectiveness of measures taken by a local authority to fulfil those duties; g the effectiveness of measures taken by a local authority to achieve the outcomes specified in a statement issued by the Welsh Ministers under section 8 (statement of outcomes relating to well-being) in so far as they are relevant to the services; h any performance measures and performance targets set out in a code issued under section 9 that they think are relevant; i any requirements or guidelines contained in a code issued under section 145 that they think are relevant; j the extent to which a local authority has involved people in the local authority area— i in decisions about the way in which its social services functions are exercised, and ii in reviewing the exercise of those functions. 2 For section 161 of the 2014 Act (powers of entry and inspection) substitute— Enforcement Powers of entry and inspection 161 1 A person falling within subsection (2) may authorise an inspector to enter and inspect premises falling within subsection (3). 2 The following persons fall within this subsection— a the Welsh Ministers— i where they consider it necessary or expedient for the purposes of a review conducted under section 149B(1), or ii in pursuance of a direction under section 155; b a person specified in a direction under section 153 or, where the direction specifies a class of persons, the person with whom the local authority enters into the contract or other arrangement required by the direction; c a person specified in a direction under section 154; d a person nominated in a direction under section 155. 3 The following premises fall within this subsection— a premises owned or controlled by a local authority; b premises— i which are used, or proposed to be used, by any person in connection with the exercise of a local authority social services function, or ii which the Welsh Ministers reasonably believe is being used, or may be used, for that purpose, but premises used wholly or mainly as a private dwelling do not fall within this subsection unless the occupier of the premises consents to the inspector entering and inspecting them. 4 “ Premises ” includes a vehicle. 5 The Welsh Ministers may by regulations make provision about the qualifications and other conditions to be met by an individual who may be an inspector. 6 When entering premises, an inspector must, if requested to do so by any person at the premises, produce a document showing the inspector's authorisation given under subsection (1). 7 The inspector may— a examine the state and management of the premises and, if any persons are accommodated or receive care and support at the premises, examine the treatment of those persons; b require the manager of the premises or any other person who appears to the inspector to hold or be accountable for documents or records kept at the premises to produce any documents or records (including medical and other personal records) that the inspector considers may be relevant to the exercise of functions under this Part by the person who authorised the inspector; c inspect and take copies of any documents or records (including medical and other personal records) that the inspector considers may be relevant to the exercise of functions under this Part by the person who authorised the inspector; d require any person to afford the inspector such facilities and assistance with respect to matters within the person's control as are necessary to enable the inspector to carry out the inspection; e take such measurements and photographs and make such recordings as the inspector considers necessary for the purpose of carrying out the inspection; f interview in private— i the manager of the premises or any other person who appears to the inspector to be responsible for the premises; ii any person working there; iii any person accommodated or receiving care and support there who consents to be interviewed. 8 The powers in subsection (7)(b) to (d) include the power to— a gain access to and check the operation of any computer and associated apparatus which the inspector has reasonable grounds to believe is (or has been) used in connection with the documents or records, and b require documents or records to be produced in a form which is legible and portable. 9 Subsection (10) applies where— a persons are accommodated or receiving care and support at the inspected premises, b the inspector is a registered medical practitioner or registered nurse, and c the inspector has reasonable grounds to believe that a person accommodated or receiving care and support at the premises is not receiving (or has not received) proper care and support. 10 Where this subsection applies, the inspector may examine the person in private but only if the person gives consent to the examination. 11 For the purposes of subsections (7)(f) and (10), an interview or examination is to be treated as conducted in private despite the presence of a third party if— a the person being interviewed or examined wants the third party to be present and the inspector does not object, or b the inspector wants the third party to be present and the person being interviewed or examined consents. 12 Where an inspector conducts an interview or examination under this section, the inspector must, if requested to do so by— a the person being interviewed or examined, or b an individual accompanying that person, produce a document showing the inspector's authorisation given under subsection (1) and, in the case of an examination, a document showing that the inspector is a registered medical practitioner or registered nurse. 13 As soon as is reasonably practicable after an inspector has concluded an inspection under this section, the inspector must send a report of the inspection to the person who gave the authorisation under subsection (1). 14 That person must send a copy of the inspector's report— a to the local authority being reviewed or subject to the direction, and b if the person is not the Welsh Ministers, to the Welsh Ministers. 15 In this section and sections 161A, 161B and 161C, “ inspector ” means an individual authorised under subsection (1). Code of practice about inspections 161A 1 The Welsh Ministers must prepare and publish a code of practice about the manner in which inspections of premises under section 161 are to be carried out (including about the frequency of such inspections). 2 The Welsh Ministers may revise the code and must publish a revised code. 3 An inspector must have regard to the most recently published code when carrying out an inspection under section 161. Power to require information 161B 1 The Welsh Ministers may require a person falling within subsection (2) to provide them with— a any documents, records (including medical or other personal records) or other information— i which relate to the exercise of a social services function of a local authority, and ii which the Welsh Ministers consider it necessary or expedient to have for the purposes of a review under section 149A or 149B; b an explanation of the content of— i any documents, records or other information provided under paragraph (a), or ii any documents or records provided to an inspector conducting an inspection of premises under section 161 in connection with a review under section 149B. 2 The following persons fall within this subsection— a a local authority; b a person providing a service in connection with the exercise of a local authority social services function; c a Local Health Board; d an NHS trust, but a Local Health Board or NHS trust cannot be required to provide an explanation of the content of any documents or records provided to an inspector conducting an inspection of premises under section 161. 3 A person is not required to provide documents, records or other information under subsection (1) if the person is prohibited from providing them by any enactment or other rule of law. 4 The power in subsection (1) includes power to require documents or records to be produced in a form which is legible and portable. Offences 161C 1 It is an offence for a person— a to intentionally obstruct the carrying out of an inspection of premises under section 161 by an inspector, or b to fail to comply with any requirement imposed on the person by an inspector carrying out such an inspection. 2 It is an offence for a person to fail to comply with a requirement imposed on the person by the Welsh Ministers under section 161B(1). 3 It is a defence for a person charged with an offence under subsection (1)(b) or (2) to show that the person had a reasonable excuse for not complying with the requirement. 4 A person guilty of an offence under this section is liable— a on summary conviction, to a fine, or to imprisonment for a term not exceeding 6 months, or to both; b on conviction on indictment, to a fine, or to imprisonment for a term not exceeding 2 years, or to both. 5 Sections 53 (offences by bodies corporate), 54 (offences by unincorporated bodies) and 55 (proceedings for offences) of the Regulation and Inspection of Social Care (Wales) Act 2016 apply to an offence under this section as they apply to offences under Part 1 of that Act. 3 In section 196(6)(a) of the 2014 Act (regulations made only if draft approved by resolution of the National Assembly for Wales), after “135(4),” insert “ 149B(5), 149C(1), ” . Regulation of local authority functions relating to looked after and accommodated children 58 After section 94 of the 2014 Act (regulations about agency arrangements) insert— Regulation of local authority functions relating to looked after and accommodated children Regulation of the exercise of local authority functions relating to looked after and accommodated children 94A 1 Regulations may make provision about the exercise by local authorities of functions conferred on them by— a section 81 (ways in which looked after children are to be accommodated and maintained), or b regulations made under section 87 (regulations about looked after children) making provision such as is mentioned in section 92(1), 93 or 94. 2 Regulations under subsection (1) may, for example, include provision— a as to the persons who are fit to work for local authorities in connection with the exercise of those functions, b as to the fitness of premises to be used by local authorities in exercising those functions, c as to the management and control of the exercise of those functions, d as to the number of persons, or persons of a particular type, working for local authorities in connection with the exercise of those functions, e as to the management and training of such persons, and f as to the fees or expenses which may be paid to persons assisting local authorities in making decisions in the exercise of those functions. 3 Regulations under subsection (2)(a) may, in particular, make provision specifying that a person is not fit to work for a local authority in such position as may be specified if the person is not registered in, or in a particular part of, the register kept under section 80 of the Regulation and Inspection of Social Care (Wales) Act 2016 (registration of social care workers). Offence of contravening regulations under section 94A 94B 1 Regulations may provide that it is an offence for a person to contravene or fail to comply with a specified provision of regulations made under section 94A. 2 A person guilty of an offence under regulations made under subsection (1) is liable— a on summary conviction, to a fine, or to imprisonment for a term not exceeding 6 months, or to both; b on conviction on indictment, to a fine, or to imprisonment for a term not exceeding 2 years, or to both. 3 Sections 53 (offences by bodies corporate), 54 (offences by unincorporated bodies) and 55 (proceedings for offences) of the Regulation and Inspection of Social Care (Wales) Act 2016 apply to an offence under regulations made under subsection (1) as they apply to offences under Part 1 of that Act. CHAPTER 7 MARKET OVERSIGHT Specifying criteria for application of market oversight regime 59 1 The Welsh Ministers must by regulations specify criteria for determining whether (subject to regulations under subsection (4)) section 61 applies to a service provider in respect of regulated services. 2 In specifying the criteria, the Welsh Ministers must have regard to the following in particular— a the amount of care and support provided by a service provider, b the geographical concentration of a service provider's business, and c the extent to which a service provider specialises in the provision of particular types of regulated service. 3 The Welsh Ministers must— a at such times as they think appropriate, review the criteria for the time being specified in the regulations, and b publish information about how the matters mentioned in subsection (2), and any other matters to which they have regard in specifying the criteria, are to be measured. 4 The Welsh Ministers may by regulations provide that section 61 does not apply, or applies only to the extent specified, to a specified service provider or to a service provider of a specified description, regardless of whether that service provider or a service provider of that description would satisfy the criteria. 5 The circumstances in which regulations may be made under subsection (4) include those in which the Welsh Ministers are satisfied that certain service providers are already subject to a regulatory regime comparable to that provided for by sections 61 and 62; and regulations made in such circumstances may, for example, make provision requiring specified persons to co-operate or to share information of a specified description. 6 Before making regulations under this section the Welsh Ministers must consult any persons they think appropriate. 7 But the requirement to consult does not apply to regulations which— a amend other regulations made under this section, and b do not, in the opinion of the Welsh Ministers, effect any substantial change in the provision made by the regulations to be amended. Determining whether criteria apply to service provider 60 1 The Welsh Ministers must determine, in the case of each service provider, whether the service provider satisfies one or more of the criteria specified in regulations under section 59. 2 If the Welsh Ministers determine that the service provider satisfies one or more of the criteria, section 61 applies to that service provider unless, or except in so far as, regulations under section 59(4) provide that it does not apply. 3 Where section 61 applies to a service provider, the Welsh Ministers must inform the provider accordingly. Assessment of financial sustainability of service provider 61 1 Where this section applies to a service provider, the Welsh Ministers must assess the financial sustainability of the service provider's business of carrying on regulated services. 2 An assessment of the financial sustainability of the service provider's business under subsection (1) must include consideration of its corporate governance. 3 Where the Welsh Ministers, in light of an assessment under subsection (1), think that there is a significant risk to the financial sustainability of the service provider's business, the Welsh Ministers may— a require the service provider to develop a plan for how to mitigate or eliminate the risk, and b arrange for, or require the service provider to arrange for, a person with appropriate professional expertise to carry out an independent review of the business. 4 Where the Welsh Ministers impose a requirement on a service provider under subsection (3)(a), they may also require the service provider— a to co-operate with them in developing the plan, and b to obtain their approval of the finalised plan. 5 Where the Welsh Ministers arrange for a review under subsection (3)(b), they may recover from the service provider such costs as they incur in connection with the arrangements (including such of their administrative costs in making the arrangements as they think it appropriate to recover). 6 The Welsh Ministers may by regulations make provision for enabling them to obtain from such persons as they think appropriate information which they believe will assist them to assess the financial sustainability of a service provider to which this section applies. 7 Before making regulations under subsection (6) the Welsh Ministers must consult any persons they think appropriate. 8 But the requirement to consult does not apply to regulations which— a amend other regulations made under that subsection, and b do not, in the opinion of the Welsh Ministers, effect any substantial change in the provision made by the regulations to be amended. 9 The Welsh Ministers may by regulations make provision about the making of the assessments required by subsection (1). Informing local authorities where failure of service provider likely 62 1 This section applies where the Welsh Ministers are satisfied that a service provider to which section 61 applies is likely to become unable to provide a regulated service in respect of which it is registered because of business failure as mentioned in section 189 of the 2014 Act (provider failure: temporary duty on local authority). 2 The Welsh Ministers must inform the local authorities which they think will be required to carry out the duty under section 189(2) of the 2014 Act if the service provider becomes unable to provide the regulated service in question. 3 The Welsh Ministers may require the service provider, or such other person involved in the service provider's business as they think appropriate, to provide them with any information they think necessary or expedient to obtain for the purpose of assisting a local authority to carry out the duty under section 189(2) of the 2014 Act. 4 But the Welsh Ministers may not require a person to provide information if disclosure of that information is prohibited by any enactment or other rule of law. 5 The power to require information under subsection (3) includes— a power to require copies of any documents or records (including medical and other personal records), and b power to require the provision of information in legible form. National market stability report 63 1 The Welsh Ministers must prepare and publish a national market stability report at such times as may be prescribed. 2 The Welsh Ministers must consult SCW when preparing a national market stability report and may direct SCW to jointly prepare any part of the report with them as the Welsh Ministers think appropriate. 3 A national market stability report must include— a an assessment of— i the sufficiency of care and support (within the meaning of the 2014 Act) provided in Wales during such period as may be prescribed, ii the extent to which regulated services were provided in Wales during that prescribed period by service providers to whom section 61 applies, iii the effect on the exercise of local authority social services functions (within the meaning of the 2014 Act) of the commissioning by local authorities of services in connection with those functions during such period as may be prescribed, and iv any other matter relating to the provision of care and support in Wales as may be prescribed, and b a report of any action taken by the Welsh Ministers under sections 59 to 62 during the period prescribed under paragraph (a)(i). 4 In preparing a market stability report the Welsh Ministers must have regard to the most recent local market stability report published by each local authority under section 144B of the 2014 Act (local market stability reports). 5 Before making regulations under subsection (3)(a)(iv) the Welsh Ministers must consult any persons they think appropriate. 6 But the requirement to consult does not apply to regulations which— a amend other regulations made under that subsection, and b do not, in the opinion of the Welsh Ministers, effect any substantial change in the provision made by the regulations to be amended. CHAPTER 8 INTERPRETATION Interpretation of this Part 64 1 In this Part— “ care ” (“ gofal ”) has the meaning given by section 3(1)(a); “ care and support ” (“ gofal a chymorth ”) is to be interpreted (other than in section 63(3)(a)(i)) in accordance with section 3(2); “ regulated service ” (“ gwasanaeth rheoleiddiedig ”) has the meaning given by section 2(1); “ regulatory functions ” (“ swyddogaethau rheoleiddiol ”), in relation to the Welsh Ministers, has the meaning given by section 3(1)(b); “ responsible individual ” (“ unigolyn cyfrifol ”) has the meaning given by section 21(1); “ service provider ” (“ darparwr gwasanaeth ”) has the meaning given by section 3(1)(c); “ support ” (“ cymorth ”) has the meaning given by section 3(1)(d). 2 See section 189 which makes provision for the interpretation of words and phrases applying to the whole Act. PART 2 OVERVIEW AND INTERPRETATION OF PARTS 3 TO 8 Overview of Parts 3 to 8 65 1 This section provides an overview of the main provisions of Parts 3 to 8 of this Act. 2 Part 3— a renames the Care Council for Wales as Social Care Wales (defined by section 67 as “SCW”), and b makes provision for its general functions (see, in particular, sections 68 to 72, including the provision in Schedule 2 about SCW's constitution and other matters relevant to its general operation). 3 Parts 4 to 6 confer functions on SCW in relation to the regulation of social workers and other persons engaged in the provision of care and support to persons in Wales (defined, collectively, as “social care workers” by section 79(1)); including— a a duty to keep a register of certain social care workers, including social workers (see, in particular, section 80 of Part 4); b a requirement in section 81 for SCW to appoint a registrar to process applications for registration in the register and to otherwise exercise functions under Part 4 in relation to the register, including the function of deciding, under section 83, whether persons should be admitted to the register. 4 Parts 4 to 6 also set out the requirements which must be met to become, and to remain, registered; including— a a requirement that the registrar be satisfied that a person is qualified, or otherwise appropriately trained, to be a social care worker (on which, see section 83), b obligations to be met by persons registered in the register in respect of continual professional development (see section 113 of Part 5), and c obligations in respect of fitness to practise as a social care worker. 5 Section 117 in Chapter 1 of Part 6 sets out the grounds of potential impairment of a person's fitness to practise for the purposes of being, and remaining, registered; including deficient performance as a social care worker and serious misconduct in any capacity. 6 Chapter 2 of Part 6 provides for a system of preliminary consideration and, if necessary, investigation by or on behalf of SCW into whether a registered social care worker's fitness to practise may be impaired, and for the referral of certain cases to a fitness to practise panel. 7 Part 8 requires SCW to establish panels which will determine whether a person should be admitted to, or removed from, the register; in particular— a panels to make determinations under Part 4, including determinations about decisions made by the registrar (defined by section 174 of Part 8 as “registration appeals panels”), b panels to make determinations in relation to a registered social care worker's fitness to practise by reference to the grounds of potential impairment in section 117 (defined by section 174 of Part 8 as “fitness to practise panels”), and c panels to make decisions pending determination of a matter by registration appeals panels or fitness to practise panels (defined by section 174 of Part 8 as “interim orders panels”). 8 Chapter 3 of Part 6 makes provision about the ways in which fitness to practise panels may dispose of cases in which a person's fitness to practise is in question, including provision allowing panels to remove or suspend a person from the register; and Chapter 5 of Part 6 makes provision about the periodic review by a fitness to practise panel of the fitness to practise of persons who have been subject to proceedings under Chapter 3 of that Part. 9 Section 104 of Part 4 makes provision about appeals to the First-tier tribunal against decisions made under that Part relating to registration, while Chapter 6 of Part 6 provides for appeals to the tribunal against the determinations of fitness to practise panels under that Part. 10 Section 111 of Part 4 makes it an offence for a person in Wales to intend to deceive someone by pretending to be a registered social worker, and by virtue of regulations makes it an offence for a person to intend to deceive someone by pretending to be another kind of registered social care worker. 11 Part 7 allows the Welsh Ministers by regulations to authorise fitness to practise panels to prohibit social care workers in respect of whom a part of the register is not kept from carrying out activities specified in the regulations, and makes connected provision, including making it an offence to carry out those activities while subject to prohibition. 12 In addition to making provision about continual professional development, Part 5 makes provision about other functions of SCW in respect of the education and training of social care workers, including provision about the approval by SCW of courses for persons who are or wish to become social care workers (see section 114). Interpretation of Parts 3 to 8 66 1 In Parts 3 to 8 of this Act— “ added part ” (“ rhan ychwanegol ”), in relation to the register, is to be interpreted in accordance with section 80(3); ... “ fitness to practise panel ” (“ panel addasrwydd i ymarfer ”) means a panel established by virtue of section 174(1)(b); ... “ interim orders panel ” (“ panel gorchmynion interim ”) means a panel established by virtue of section 174(1)(c); ... “ register ” (“ cofrestr ”) means the register kept under section 80; “ registrar ” (“ cofrestrydd ”) means a person appointed as registrar under section 81; “ registration appeals panel ” (“ panel apelau cofrestru ”) means a panel established by virtue of section 174(1)(a); ... “ relevant social work ” (“ gwaith cymdeithasol perthnasol ”) has the meaning given by section 79(4); “social care manager” (“rheolwr gofal cymdeithasol”) has the meaning given by section 79(1)(b); “ social care worker ” (“ gweithiwr gofal cymdeithasol ”) has the meaning given by section 79; “ social worker ” (“ gweithiwr cymdeithasol ”) has the meaning given by section 79(1); “ social worker part ” (“ rhan gweithwyr cymdeithasol ”), in relation to the register, is to be interpreted in accordance with section 80(3); ... ... ... 2 See section 189 for provision about the interpretation of words and phrases applying to the whole Act. PART 3 SOCIAL CARE WALES Continuation of the Care Council for Wales and its renaming Social Care Wales 67 1 Section 54 of the Care Standards Act 2000 (c.14) is repealed. 2 The body corporate called the Care Council for Wales which was established by that section is to continue in existence. 3 But it is renamed, and is to be known as, Social Care Wales (referred to in this Act as “ SCW ”). 4 Schedule 2 makes further provision about SCW. SCW 's objectives SCW's objectives 68 1 SCW's main objective in carrying out its functions is to protect, promote and maintain the safety and well-being of the public in Wales. 2 In pursuing that objective SCW must exercise its functions with a view to promoting and maintaining— a high standards in the provision of care and support services, b high standards of conduct and practice among social care workers, c high standards in the training of social care workers, and d public confidence in social care workers. 3 See section 69 for the meaning of “care and support services” and section 79 for the meaning of “social care worker”. Advice and assistance Advice and assistance in relation to care and support services 69 1 SCW may give any person providing a care and support service advice or other assistance (including grants) for the purpose of encouraging improvement in the provision of that service. 2 SCW may attach such conditions to a grant given under subsection (1) as it thinks appropriate. 3 “ Care and support service ” means— a a regulated service, or b any other service in Wales which involves the provision of care and support by social care workers. 4 See section 2 for the meaning of “regulated service” and section 3 for the meaning of “care and support”. Studies as to economy, efficiency etc. 70 SCW may promote or undertake comparative or other studies designed to enable it to make recommendations under section 69 for improving economy, efficiency and effectiveness in the provision of a care and support service. Engagement with the public etc. Engagement with the public and social care workers 71 1 SCW must— a make information about SCW and the exercise of its functions available to— i the public, and ii social care workers; b prepare and publish a statement of its policy with respect to involving the public and social care workers in the exercise of those functions (whether by consultation or other means). 2 SCW— a may revise its statement of policy and must publish the revised statement, or b may publish a new statement of policy. 3 SCW must have regard to the most recent policy statement published under this section when exercising its functions. Policy with respect to bringing criminal proceedings Statement of policy with respect to bringing criminal proceedings 72 1 SCW must prepare and publish a statement of its policy with respect to the bringing of criminal proceedings by it. 2 SCW may— a revise its statement of policy and publish the revised statement, or b publish a new statement of policy. 3 SCW must have regard to the most recent policy statement published under this section when exercising its functions. Rules made by SCW under this Act Rules: general 73 1 Any power conferred on SCW by or under this Act to make rules must be exercised by an instrument in writing. 2 An instrument containing rules must specify the provision under which the rules are made. 3 To the extent that an instrument containing rules does not comply with subsection (2) it is void. 4 Any power of SCW to make rules conferred by or under this Act may be exercised— a so as to make different provision for different purposes; b so as to make incidental, supplemental, consequential and transitional provision. 5 SCW must— a publish rules made by it, and b ensure the rules are publicly available until such time as they cease to have effect. 6 SCW may charge a fee for providing a person with a copy of rules made by it. Rules: fees 74 1 SCW may by rules make provision for the payment of fees to SCW in connection with the discharge of functions by— a SCW; b the registrar (see section 81). 2 In particular, the rules may make provision for the payment of fees in connection with— a the provision of advice or other assistance under section 69; b registration in the register (see Part 4); c the approval of courses under section 114 (approval of courses for persons who are or wish to become social care workers); d the provision of training under section 116 (training provided or secured by SCW); e the provision of copies of codes of practice or copies of, or extracts from, the register. 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Consultation before making rules etc. Consultation before making rules etc. 75 1 SCW must comply with the requirements of subsection (2)— a before making any rules under this Act; b before publishing a code of practice under section 112 (codes setting standards of conduct expected of social care workers and their employers); c before publishing guidance under section 162 (guidance for fitness to practise and interim orders panels in respect of proceedings under Part 6), unless subsection (3) applies. 2 Before making the rules or publishing the code or guidance SCW must— a publish a draft of the proposed rules, code or guidance accompanied by— i an explanation of the purpose of the proposed rules, code or guidance and a summary of the intended effect of the proposed rules, code or guidance; ii a notice specifying the period within which representations may be made to SCW about the proposal, and b take reasonable steps to give notice of the proposal and the period for making representations to— i social care workers SCW thinks may be affected by the proposal, ii the Welsh Ministers, and iii such other persons SCW thinks appropriate. 3 This subsection applies if SCW— a is satisfied that the nature of the proposed rules, code or guidance is such that consultation would be inappropriate or disproportionate, and b has obtained the agreement of the Welsh Ministers to proceed without consultation. 4 Section 184 (service of documents etc.) does not apply to anything done by SCW under subsection (2). Guidance and directions Guidance 76 1 In exercising its functions SCW must have regard to any guidance given to it by the Welsh Ministers. 2 The Welsh Ministers must publish any guidance they give to SCW. Directions 77 1 In exercising its functions SCW must comply with any directions given to it by the Welsh Ministers. 2 A direction— a must be in writing; b may be varied or revoked by a subsequent direction. Default powers of the Welsh Ministers Default powers of the Welsh Ministers 78 1 The powers conferred by this section are exercisable by the Welsh Ministers if they are satisfied that SCW— a has without reasonable excuse failed to discharge any of its functions, or b in discharging any of its functions, has without reasonable excuse failed to comply with any directions given by the Welsh Ministers under section 77 in relation to those functions. 2 The Welsh Ministers may— a publish a statement declaring SCW to be in default, and b direct SCW to discharge such of its functions, and in such manner and within such period or periods, as may be specified in the direction. 3 If SCW fails to comply with a direction given under subsection (2)(b), the Welsh Ministers may— a discharge the functions to which the direction relates themselves, or b make arrangements for any other person to discharge those functions on their behalf. 4 A direction under subsection (2)(b)— a must be in writing; b may be varied or revoked by a subsequent direction. PART 4 SOCIAL CARE WORKERS Meaning of “social care worker” etc. Meaning of “social care worker” etc. 79 1 In Parts 3 to 8 of this Act “ social care worker ” means a person who— a engages in relevant social work (referred to in those Parts as a “social worker”); b manages a place at or from which a regulated service is provided (referred to in those Parts as a “social care manager”) ; c in the course of his or her employment with a service provider, provides care and support to any person in Wales in connection with a regulated service provided by that provider; d under a contract for services, provides care and support to any person in Wales in connection with a regulated service provided by a service provider. 2 The Welsh Ministers may by regulations— a except persons of a specified description from the definition of social care worker in subsection (1); b provide that persons of any of the descriptions in subsection (3), or categories of person falling within any of those descriptions, are to be treated as social care workers. 3 The descriptions of person are— a a person designated under Chapter 2 of Part 1 (registration etc. of service providers) as a responsible individual in respect of a place at, from or in relation to which a regulated service is provided; b a person engaged in work for the purposes of a local authority's social services functions (within the meaning of the 2014 Act), or in the provision of services similar to services which may or must be provided by local authorities in the exercise of those functions; c a person providing care and support which would, but for paragraph 8(2)(a) of Schedule 1, constitute the provision of a domiciliary support service; d a person registered under Part 2 of the Children and Families (Wales) Measure 2010 (nawm 1) as— i a child minder, or ii a provider of day care for children; e a person who manages, or is employed in, an undertaking carrying on an employment business (within the meaning of section 13 of the Employment Agencies Act 1973 (c.35)) which supplies persons to provide care and support to any person in Wales; f a person who manages, or is employed in, an undertaking carrying on an employment agency (within the meaning of the section mentioned in paragraph (e)) which provides services for the purpose of supplying persons to provide care and support to any person in Wales; g a person undertaking a course approved by SCW under section 114 (courses for persons who are or wish to become social care workers); h an inspector carrying out inspections of regulated services on behalf of the Welsh Ministers under Chapter 3 of Part 1 of this Act (information and inspections); i an inspector carrying out inspections under section 161 of the 2014 Act (inspections in connection with local authority social services functions); j a person employed in connection with the discharge of the functions of the Welsh Ministers under section 80 of the Children Act 1989 (c.41) (inspection of children's homes etc.); k staff of the Welsh Government who inspect premises under— i section 87 of the Children Act 1989 (welfare of children accommodated in independent schools and colleges), or ii section 40 of the Children and Families (Wales) Measure 2010 (inspection of child minding and day care in Wales); l a person who manages staff mentioned in paragraph (j) or (k). 4 For the purposes of Parts 3 to 8 of this Act “ relevant social work ” means social work which is required in connection with any health, education or social services provided in Wales. 5 See section 2 for the meaning of “regulated service” and section 3 for the meaning of “service provider” and “care and support”. The register The register 80 1 SCW must keep a register of— a social workers, b social care workers of any other description specified by the Welsh Ministers by regulations, ... c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . d . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 There must be a separate part of the register— a for social workers; b for each description of social care worker specified in regulations made under subsection (1)(b); c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . d . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 For the purposes of Parts 3 to 8 of this Act— a the part mentioned in subsection (2)(a) is the “social worker part” of the register; b a part mentioned in subsection (2)(b) is an “added part” of the register; c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . d . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Duty to appoint a registrar 81 1 SCW must appoint a registrar. 2 A person appointed as registrar holds office on such terms and conditions as SCW thinks appropriate; but SCW must consult the Welsh Ministers before determining any terms and conditions about the levels of remuneration, pensions, allowances and expenses payable to, or in respect of, such a person. 3 See paragraph 13 of Schedule 2 for further provision about SCW's staff. Registration in the social worker part or an added part of the register Application for registration 82 1 An application for registration in the social worker part or an added part of the register is to be made to the registrar. 2 An application under subsection (1) must specify each part of the register in which registration is sought. Registration 83 1 The registrar must grant an application made under section 82 if satisfied that— a the application is made in the form and manner specified in rules made by SCW, b the applicant has paid the fee (if any) specified in rules made by SCW under section 74, and c the applicant meets the registration requirements. 2 The registration requirements are that— a the person is appropriately qualified (see section 84), b the person's fitness to practise is not impaired on one or more of the grounds in section 117(1), and c the person intends to practise the work of persons registered in the part of the register to which the application relates. 3 For the purposes of subsection (2)(c) SCW may by rules specify— a activities that are to be regarded as practising the work of persons registered in a part of the register; b the criteria to be applied by the registrar for determining whether a person intends to practise. Temporary registration in emergencies involving loss of human life or human illness etc 83A 1 The registrar may register a person as a social worker in the social worker part of the register, or the persons comprising a specified group of persons as social workers in that part, if— a the Welsh Ministers have advised the registrar that an emergency has occurred, is occurring or is about to occur and that the registrar should consider acting under this section, and b the registrar considers that the emergency registration requirement is met in relation to the person or group of persons. 2 For the purposes of subsection (1)(b) the emergency registration requirement is met— a in relation to a person, if the registrar considers that the person is a fit, proper and suitably experienced person to be registered as a social worker with regard to the emergency; b in relation to a group of persons, if the registrar considers that the group is comprised of persons who are of a type who may reasonably be considered fit, proper and suitably experienced persons to be registered as social workers with regard to the emergency. 3 The registrar may register all of the persons comprising a specified group of persons without first identifying each person in the group. 4 The registrar may include an annotation in the social worker part of the register denoting that a person has been registered under this section. 5 The registration of a person under this section has effect subject to any conditions imposed by the registrar; and the registrar may at any time vary or revoke such a condition or add new conditions. 6 Where a person is registered under this section as a member of a specified group, the person's registration may (but need not) be subject to the same conditions as the registration of other members of the group. 7 A person's registration under this section ceases to have effect if revoked by the registrar; and the registrar— a must revoke the registration if the Welsh Ministers advise the registrar that the circumstances that led the Welsh Ministers to give the advice referred to in subsection (1)(a) no longer exist; b may at any time revoke the registration for any other reason, including where the registrar suspects that the person's fitness to practise may be impaired. 8 A person's registration as a member of a specified group may be revoked— a without the registration of the other members of the group being revoked, or b as a result of a decision to revoke the registration of all the members of the group. 9 If a person's registration under this section is revoked under subsection (7)(a), the registration ceases to have effect at the end of the period of 14 days beginning with the day on which it is revoked. 10 If a person's registration under this section is revoked under subsection (7)(b), the registration ceases to have effect immediately. 11 Rules under section 74 may not provide for fees to be charged in respect of a person's registration under this section. 12 The following provisions do not apply to persons registered under this section— a sections 82, 83, 84, 86, 87, 89, 94 and 95 (provisions relating to registration) of this Act; b sections 113 to 115 (continuing professional development) of this Act and rules made under any of those sections; c Part 6 (social care workers: fitness to practise) of this Act, other than section 160(1) and (3) to (5). 13 If a person breaches a condition to which the person's registration under this section is subject, anything done by the person in breach of the condition is to be treated as not done by a person registered in the social worker part of the register. 14 In this section “ emergency ” means an emergency of the kind described in section 19(1)(a) of the Civil Contingencies Act 2004, read with subsection (2)(a) and (b) of that section. “Appropriately qualified” “Appropriately qualified” 84 For the purposes of section 83 a person is appropriately qualified if— a in the case of an application for registration as a social worker, the applicant— i has successfully completed a course approved by SCW under section 114 for persons wishing to become social workers, ii satisfies the requirements of section 85 (qualifications gained outside of Wales – social workers ), or iii satisfies any requirements as to training which SCW may by rules impose; aa in the case of an application for registration as a social care manager, the applicant— i has successfully completed a course approved by SCW under section 114 for persons wishing to become social care managers, ii . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . iii satisfies any requirements as to training which SCW may by rules impose in relation to social care managers; b in the case of an applicant for registration as a social care worker of any other description, the applicant— i has successfully completed a course approved by SCW under section 114 for persons wishing to become a social care worker of that description, or ii satisfies any requirements as to training which SCW may by rules impose in relation to social care workers of that description. Qualifications gained outside Wales – social workers 85 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 An applicant for registration in the social worker part of the register satisfies the requirements of this section if— a the applicant has, elsewhere than in Wales, undergone training in social work, and b either— i that training is recognised by SCW as being to a standard sufficient for such registration, or ii it is not so recognised, but the applicant has undergone such additional training as SCW may require (whether undergone in Wales or elsewhere). Qualifications gained outside Wales – social care managers 85A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Renewal of registration in the social worker part or an added part of the register Renewal of registration 86 1 SCW may by rules— a provide that an entry in the social worker part or in an added part of the register has effect only for a period specified in the rules, and b make provision for the renewal of such an entry in the register. 2 Where rules have been made under subsection (1), the registrar must, on the application of the person to whom the entry relates, grant an application for renewal if— a the application is made in the form and manner specified by rules made by SCW, b the applicant has paid the fee (if any) specified in rules made by SCW under section 74, and c the registrar is satisfied that the applicant meets the renewal requirements. 3 The renewal requirements are that— a the applicant has met any requirements to undertake further training imposed by rules made under section 113 (continuing professional development), and b the applicant intends to practise the work to which his or her application for renewal relates. 4 Rules made under section 83(3) (criteria for registrar's determinations about an applicant's intention to practise) may include provision about a registrar's determination under subsection (3)(b) of this section. Lapse of registration 87 1 A person's registration in the social worker part or an added part of the register lapses at the end of the period specified by SCW in rules under section 86(1)(a) if the person has not renewed his or her registration in accordance with rules made by SCW under section 86(1)(b). 2 But a person's registration does not lapse under subsection (1) if subsection (3) applies to the person. 3 This subsection applies to a person— a who is the subject of any proceedings under Part 6, including preliminary consideration or investigation under Chapter 2 of that Part, which relate to the person's fitness to practise the work to which his or her registration relates (“the relevant work”); b in respect of whom a decision has been made relating to the relevant work which may be appealed against under section 158 (appeals against decisions of fitness to practise panel); c in respect of whom a conditional registration order relating to the relevant work has effect under section 138(7), 152(8)(c), 153(6) or (7), 154(8)(c) or 155(10)(c); d in respect of whom a suspension order relating to the relevant work has effect under section 138(8), 152(8)(d), 153(9)(c), 154(6), (7) or (10) or 155(9); e in respect of whom an interim order relating to the relevant work has effect under section 144 or 147. 4 Subsection (2) ceases to apply to a person described in subsection (3)(b)— a at the end of the period specified in section 158(3) during which an appeal may be made, or b where an appeal is made before the end of that period, at the determination of the appeal. 5 A person whose registration in the social worker part or an added part of the register would have lapsed under subsection (1) but for subsection (2) is to be treated as not being registered in the relevant part of the register for all purposes other than those mentioned in subsection (6), despite the fact that the person's name continues to appear in it. 6 The person is to be treated as registered for the purposes of any proceedings under Part 6 (including preliminary consideration or investigation under Chapter 2) which relate to the person's fitness to practise the relevant work. Dealing with applications for registration or renewal Rules about applications for registration or renewal 88 1 SCW must by rules make provision about how the registrar is to determine under section 83 whether a person's fitness to practise is impaired on any of the grounds in section 117(1). 2 Rules under subsection (1) may, in particular— a require a person making an application for registration to provide information for the purpose of the registrar's determination; b provide that the information is to be provided to the registrar by means of a written declaration by the person making the application. 3 SCW must also by rules make provision about the procedure to be followed by the registrar in dealing with— a applications for registration in a part of the register, and b where rules under section 86 provide for the renewal of an entry in the register, applications for renewal. 4 Rules under subsection (3) may, in particular, make provision about— a the period within which an application for registration or renewal of registration must be acknowledged; b the information that must be provided by the registrar in response to an application; c the period within which a notice under section 89 will be given; d the information in support of an application that may be required by the registrar and the procedure to be followed by the registrar in requesting that information; e circumstances in which the registrar may determine that an application has not been successful on the grounds that the person who made the application has failed to provide information required by the registrar within a period specified by the registrar; f circumstances in which a fee for registration and, if relevant, renewal will be charged and circumstances in which such a fee may be reduced or waived. Notice of decisions in respect of registration or renewal 89 1 Subsection (2) applies where the registrar decides to— a grant an application for registration, or b grant an application for renewal of registration. 2 The registrar must give the person to whom the application relates notice of the decision. 3 Subsection (4) applies where the registrar decides to— a refuse an application for registration, or b refuse an application for renewal of a person's registration. 4 The registrar must give the person to whom the decision relates notice— a of the decision, b of the reasons for the decision, and c of the right of appeal under section 101. Visiting social workers Visiting social workers from relevant European States 90 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Visiting social care managers from relevant European States 90A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Information to be contained on the register Content of the register 91 1 An entry in the register in respect of a person must show the following information— a the date on which the person was entered onto the register; b the person's qualifications to practise work of the kind to which his or her registration relates; c such other qualifications, knowledge or experience relevant to the person's registration as may be prescribed; d such information relating to the person's fitness to practise as may be prescribed. 2 SCW may by rules require or authorise the registrar— a to include in an entry in the register information not required by virtue of subsection (1); b to remove from an entry in the register information of a kind specified in the rules. 3 Rules under subsection (2) may not require or authorise the registrar to record information relating to a person's physical or mental health. Removal of entries from the register Removal by agreement 92 1 SCW must by rules make provision for the removal of an entry from a part of the register on the application of the person to whom the application relates. 2 Rules under this section must include provision about— a the circumstances in which a person may make an application for an entry to be removed from a part of the register; b the manner in which an application may be made; c the criteria by reference to which a decision to grant or refuse an application may be made; d the procedure for giving notice of a decision in respect of an application. 3 The rules may authorise or require SCW to refer an application under this section to a fitness to practise panel for determination. Death of a registered person 93 1 Where a person registered in a part of the register has died, the registrar must within the specified period remove the entry relating to that person from the register. 2 In subsection (1) “ specified ” means specified by rules made by SCW. Entries based on false or misleading information 94 1 If the registrar is satisfied that an entry in a part of the register, or an annotation to an entry, has been included on the register on the basis of false or misleading information, the registrar may remove the entry or annotation from the register. 2 Subsection (3) applies where the registrar thinks— a that an entry, or an annotation to an entry, in the register may have been included on the register on the basis of false or misleading information, b the registered person's fitness to practise may be impaired, and c an interim order may be necessary for the protection of the public. 3 The registrar may refer the matter to an interim orders panel. 4 Where the registrar decides to remove an entry in respect of a person from the register under this section the registrar must give notice to the person of— a the decision, b the reasons for the decision, and c the right of appeal conferred by section 101. Restoring an entry to the register Duty to restore a register entry 95 If the registrar is satisfied that an entry, or an annotation to an entry, has been removed from the register in error, the registrar must restore that entry or annotation to the register. Power to restore a register entry 96 1 This section applies where an entry is removed from the register under— a section 92 (removal by agreement); b section 94 (entries based on false or misleading information). 2 The registrar may, on the application of the person to whom the entry related, restore the entry to the register. 3 The registrar may grant an application for restoration under this section only if satisfied that the applicant meets the registration requirements specified in section 83(2). 4 The registrar must give notice to the applicant as to whether his or her application has been granted. 5 If the application for restoration is not granted the registrar must also give the applicant notice of— a the reasons for the decision, and b any right of appeal in connection with the decision. Restoration following fitness to practise proceedings 97 1 This section applies where a fitness to practise panel has made a removal order under— a section 138(9) (disposal following a finding of impairment); b section 152(8)(e) (decisions following review of undertakings); c section 153(9)(d) (decisions on review of conditional registration orders); d section 154(8)(d) (decisions on review of suspensions orders). 2 Subject to subsection (3), the person to whom the order relates may make an application to the registrar for the entry in respect of the person to be restored to the register (but see section 98(4) for provision about circumstances in which a registration appeals panel may prevent a person making such an application). 3 The person to whom the order relates may not— a make an application for restoration before the expiry of the period of 5 years beginning with the date on which the order was made, or b make more than one application for restoration to the register within a period of 12 months. 4 The registrar must refer an application made under subsection (2) to a registration appeals panel for determination (see section 98). 5 Where a registration appeals panel has given a direction under section 98(4) (suspension of the right to apply for restoration)— a the person in respect of whom the direction is given may make an application to the registrar for a review of the direction, and b the registrar must refer the application to a registration appeals panel for determination. 6 A person may not make an application under subsection (5)(a)— a before the expiry of the period of 3 years beginning with the date on which the direction is given, or b within the period of 3 years beginning with the date of a previous application for review. Restoration proceedings 98 1 Where the registrar has referred an application for restoration of a person's (“P”) entry in a part of the register to a registration appeals panel under section 97(4), the panel must— a determine that the entry in respect of P is to be restored to the relevant part of the register, or b determine that the entry in respect of P must not be restored to that part of the register. 2 The registrar must give P notice of the panel's determination. 3 If the panel makes a determination under subsection (1)(b) the registrar must also give notice to P of— a its reasons for making the determination, and b any right of appeal in connection with the determination. 4 If— a P has made two or more applications under section 97(2) for restoration to the same part of the register, and b a registration appeals panel, on the second or any subsequent application, refuses restoration to that part of the register under subsection (1)(b), the panel may direct that P may not make further applications under section 97(2) for restoration to that part of the register. 5 If the registration appeals panel gives a direction under subsection (4), the registrar must give notice to P of— a that direction, and b P's right to appeal under section 104. 6 If a registration appeals panel makes a determination under subsection (1)(a) the panel must direct the registrar to restore P's entry to the register. Review of suspension of right to apply for restoration 99 1 Subsection (2) applies where— a a registration appeals panel has given a direction under section 98(4) in respect of P (suspension of the right to apply for restoration), and b a referral for the review of the direction has been made by the registrar under section 97(5)(b). 2 A registration appeals panel must review the direction, and may confirm or revoke it. 3 The registrar must give P notice of the panel's decision on review. 4 Where the panel confirms the direction, the registrar must also give P notice of— a the panel's reasons for confirming the direction, and b the right of appeal under section 104. Rules about applications under section 96 and 97 100 1 SCW must by rules make provision about the procedure in connection with an application for— a restoration under section 96 or 97; b review of a direction given under section 98(4) (suspension of a right to apply for restoration). 2 The rules may, in particular, make provision about— a the form and manner in which an application may be made; b the information to be provided in support of an application; c the period within which an application may be made; d the period within which any notice required to be given by the registrar must be provided; e circumstances in which an application for restoration under section 96 may be referred to a registration appeals panel for determination; f the criteria by reference to which a registration appeals panel is to determine whether or not an entry is to be restored or a direction is to be confirmed or revoked; g circumstances in which a fee will be charged for making an application to restore an entry to the register and circumstances in which such a fee may be reduced or waived. Appeals to a registration appeals panel Appeals against decisions of the registrar 101 1 A person may appeal to a registration appeals panel against a decision by the registrar— a under section 83 not to grant the person's application for registration; b under section 86 not to grant the person's application for renewal of his or her registration; c to remove an entry in respect of the person from the register under section 94; d under section 96 not to grant the person's application for restoration of his or her entry to the register. 2 But a person may not appeal against a decision mentioned in subsection (1)(a), (b) or (d) if the decision was taken by reason only that the person failed to— a pay any fee required by SCW in connection with the application, b make the application in the form and manner required by SCW, or c provide documents or information in support of the application as required by the registrar. 3 Subsection (1) does not apply to— a a decision by the registrar to refuse to register a person under section 83A, or b a decision by the registrar to revoke a person's registration under that section. Appeals to the registration appeals panel: procedure 102 1 An appeal under section 101 must be made by giving notice of appeal to the registrar. 2 The notice must be given before the end of the period of 28 days beginning with the relevant day. 3 But the registrar may allow an appeal to be made after the end of the period mentioned in subsection (2) if satisfied that there are good reasons for a failure to give notice before the end of that period (and for any delay in giving notice out of time). 4 In subsection (2) “ relevant day ” means— a in the case of a decision mentioned in section 101(1)(a) or (b), the day on which notice of the decision is given under section 89, b in the case of a decision mentioned in section 101(1)(c), the day on which notice of the decision is given under section 94, and c in the case of a decision mentioned in section 101(1)(d), the day on which notice of the decision is given under section 96. Decisions on appeal to the registration appeals panel 103 On an appeal under section 101 a registration appeals panel may— a confirm the registrar's decision, b substitute for the decision appealed against another decision of a kind that the registrar could have made, or c remit the case to the registrar to dispose of in accordance with the directions of the panel. Appeals to the tribunal Appeals against decisions of a registration appeals panel 104 1 This section applies where a registration appeals panel— a makes a determination under section 98(1)(b) that an entry in the register should not be restored for a reason that relates to the person's fitness to practise; b directs under section 98(4) that a person may not make further applications for restoration to a part of the register, or confirms such a direction under section 99(2); c makes a determination in respect of an application for restoration referred to it by virtue of rules made under section 100(2)(e) for a reason that relates to the person's fitness to practice; d makes a determination under section 103 in respect of an appeal against a decision of the registrar. 2 The person to whom the panel's decision relates may appeal against it to the tribunal. 3 An appeal under this section must be brought before the end of the period of 28 days beginning with the date of the panel's decision. 4 But the tribunal may allow an appeal to be made to it after the end of the period mentioned in subsection (3) if it is satisfied that there is a good reason for the failure to appeal before the end of that period (and for any delay in applying for permission to appeal out of time). 5 On an appeal under this section, the tribunal may— a confirm the decision, b substitute for the panel's decision another decision which the panel could have made, or c remit the case to SCW to dispose of in accordance with the directions of the tribunal. Other appeals: decisions made under the General Systems Regulations 105 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Notifying the registrar of changes to information etc. Duty to notify the registrar of changes to registration information 106 1 SCW must by rules require a person registered in a part of the register to give notice to the registrar of changes to the information recorded in the register in respect of that person. 2 Rules under subsection (1) may, in particular, include provision about— a the changes to be notified, b the manner in which and the time within which a notice must be given, and c the consequences of failing to comply with any requirements contained in the rules (which may include referral of the matter to a fitness to practise panel). Requests for information relating to fitness to practise 107 1 SCW may by rules authorise the registrar to make requests for information from persons registered in any part of the register which relates to their fitness to practise. 2 The rules may, in particular, make provision about— a the manner and form in which a request is to be made; b the frequency of requests; c the information which may and may not be requested by the registrar; d the consequences of a failure to comply with a request (which may include referral of the matter to a fitness to practise panel). Duty to publish the register etc. Publication etc. of the register 108 1 SCW must publish the register in such manner, and at such times, as it thinks appropriate. 2 SCW must comply with any reasonable request made by a person for a copy of, or an extract from, the register. Publication of certain registration appeal panel decisions 109 1 SCW must publish the following decisions— a a decision of a registration appeals panel under section 98(1)(b) not to restore a person to the register; b a decision of a registration appeals panel under section 98(4) that a person may not make further applications for restoration to the register. 2 But SCW must not publish any information about a person's physical or mental health. List of persons removed from the register 110 1 SCW must keep a list of persons whose entries in the register have been removed in circumstances to which this section applies. 2 This section applies where a person is subject to a removal order made by a fitness to practise panel under— a section 138(9) (disposal following a finding of impairment of fitness to practise), or b section 152(8)(e), 153(9)(d) or 154(8)(d) (disposal in a review case following a finding of impairment of fitness to practise). 3 An entry may not be made in the list relating to a person subject to such a removal order until the decision has taken effect under section 141(5) or 157(6) (as the case may be). 4 This section also applies where a person is subject to an order for removal by agreement made by a fitness to practise panel under— a section 135 (removal from register on consensual basis), or b section 152(2), 153(2), 154(2), or 155(5) (disposal in a review case). 5 Where a person is subject to such an order for removal by agreement the list must give details of the statement of facts agreed under section 135(2) or 150(2) (as the case may be). 6 The Welsh Ministers may by regulations make provision about— a the form and content of the list; b the publication of the list or specified information from the list; c circumstances in which an entry relating to a person must be removed from the list. Protection of title “social worker” etc. Use of title “social worker” etc. 111 1 It is an offence for a person in Wales who is not registered in a relevant register as a social worker to— a take or use the title of social worker, b take or use any title or description implying registration as a social worker, or c pretend to be a social worker in any other way, with intent to deceive another. 2 It is an offence for a person in Wales who is not registered in a relevant register as a social care worker of such other description as may be prescribed to— a take or use the title of that description of social care worker, b take or use any title or description implying registration as such a social care worker, or c pretend to be such a social care worker in any other way, with intent to deceive another. 3 A person guilty of an offence under this section is liable on summary conviction to a fine. 4 For the purposes of this section a register is a “relevant register” if it is a register kept by— a SCW, b Social Work England , c the Scottish Social Services Council, or d the Northern Ireland Social Care Council. 5 The Welsh Ministers may amend subsection (4) by regulations. PART 5 SOCIAL CARE WORKERS: STANDARDS OF CONDUCT, EDUCATION ETC. Codes of practice 112 1 SCW must prepare and from time to time publish codes of practice setting— a standards of conduct and practice expected of social care workers; b standards of conduct and practice expected of persons employing or seeking to employ social care workers. 2 The codes may make different provision in respect of different categories of social care worker. 3 The codes may also set standards of conduct and practice expected of social workers when carrying out the functions of an approved mental health professional (within the meaning of section 114 of the Mental Health Act 1983 (c.20)). 4 SCW must— a keep the codes under review, and b vary their provisions whenever it thinks it appropriate to do so. 5 Where a person registered in any part of the register is alleged to have failed to comply with any standard contained in a code made under this section, that failure— a is not, of itself, to be taken to constitute deficient performance as a social care worker or serious misconduct for the purposes of section 117 (fitness to practise), but b may be taken into account in proceedings under this Act which relate to the person's fitness to practise. 6 A local authority making any decision about the conduct of any social care workers it employs must, if directed to do so by the Welsh Ministers, take into account any code published by SCW under this section. Continuing professional development 113 1 SCW may make rules requiring persons registered in any part of the register to undertake further training. 2 The rules may, in particular, make provision with respect to persons who fail to comply with any requirements of rules made by SCW under subsection (1), including provision for referrals to a fitness to practise panel. 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Approval of courses etc. 114 1 SCW may, in accordance with rules made by it— a approve courses in relevant social work for persons who are or wish to become registered in the social worker part of the register; b approve courses in the work practised by persons registered in an added part of the register for persons who are or wish to become registered in that part of the register; c approve courses in the work practised by persons who are or wish to become social care workers of a description which is not specified in or under section 80(1). 2 An approval given under this section may be subject to such conditions as SCW thinks appropriate. 3 Rules made by virtue of this section may, in particular, make provision— a about the content of, and methods of completing, courses; b as to the provision of information to SCW about courses; c as to the persons who may undertake courses, or parts of courses specified in the rules; d as to the numbers of persons who may undertake courses; e for the award by SCW of certificates of the successful completion of courses; f about the lapse and renewal of approvals; g about the withdrawal of approvals. 4 SCW may— a conduct, or make arrangements for the conduct of, examinations in connection with such courses as are mentioned in this section or section 116; b carry out, or assist other persons in carrying out, research into matters relevant to training for social care workers of any description. 5 A course must not be approved by SCW under this section unless SCW thinks that the course will enable persons completing it to attain the required standard of proficiency in social care work. 6 In subsection (5) “ the required standard of proficiency in social care work ” means the standard described in rules made by SCW. 7 SCW must maintain and publish a list of the courses it has approved under this section. Inspections in connection with certain courses 115 1 SCW may by rules make provision for the inspection of places at which or institutions by which or under whose direction— a any relevant course (or part of such a course) is, or is proposed to be, given, or b any examination is, or is proposed to be, held in connection with any relevant course. 2 The rules may make provision— a for the appointment of persons to carry out inspections (“inspectors”); b for reports to be made by inspectors on— i the nature and quality of the instruction given, or to be given, and the facilities provided, or to be provided, at the place or by the institution visited; ii such other matters as may be specified in the rules; c for the payment by SCW of fees, allowances and expenses to persons appointed as inspectors; d for such persons to be treated, for the purposes of Schedule 2, as members of the SCW's staff. 3 In subsection (1) “ relevant course ”, in relation to SCW, means— a any course for which approval by SCW has been given, or is being sought, under section 114, or b any training which a person admitted to a part of the register may, by virtue of rules made under section 113(1), be required to undergo after registration. Other functions of SCW in respect of education and training 116 1 If it appears to SCW that adequate provision is not being made for training persons who are or wish to become social care workers of any description, SCW may provide, or secure the provision of, courses for that purpose. 2 SCW may also, upon such terms and subject to such conditions as it thinks appropriate— a make grants, and pay travelling and other allowances, to persons resident in Wales in order to secure their training in the work of social care workers of any description; b make grants to organisations providing training in the work of social care workers of any description. PART 6 SOCIAL CARE WORKERS: FITNESS TO PRACTISE CHAPTER 1 GROUNDS OF IMPAIRMENT Fitness to practise 117 1 A person's fitness to practise may be regarded as impaired for the purposes of this Part and Part 4 by reason only of one or more of the following grounds— a deficient performance as a social care worker; b serious misconduct (whether as a social care worker or otherwise); c the inclusion of the person in a barred list; d a determination by a relevant body to the effect that the person's fitness to practise is impaired; e adverse physical or mental health; f a conviction or caution in the United Kingdom for a criminal offence, or a conviction or caution elsewhere for an offence which, if committed in England and Wales, would constitute a criminal offence. 2 For the purposes of subsection (1)(a) “ deficient performance as a social care worker ” may include— a an instance of negligence, b a breach of an undertaking agreed with SCW under this Act, and c a breach of an undertaking agreed with a fitness to practise panel under this Act. 3 In subsection (1)(c) “ barred list ” means— a a list maintained under section 2 of the Safeguarding Vulnerable Groups Act 2006 (c.47); b a list kept under section 1 of the Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14); c a list maintained under article 6 of the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 ( S.I. 2007/1351). 4 In subsection (1)(d) “ relevant body ” means— a the Health and Care Professions Council or Social Work England ; b the Nursing and Midwifery Council; c the Scottish Social Services Council; d the Northern Ireland Social Care Council; e a body outside of the United Kingdom which is responsible for the regulation of activities which would, in Wales, be regulated by SCW; f a prescribed body. 5 A person's fitness to practise may be regarded as impaired by reason of matters arising or incidents occurring— a whether inside or outside of Wales; b whether or not the person was registered on the register at the time; c whether before or after this section comes into force. 6 The Welsh Ministers may by regulations amend subsection (1) for the purpose of adding, modifying or removing a ground of impairment. CHAPTER 2 PRELIMINARY PROCEDURES Preliminary consideration of allegations etc. Referral of allegations etc. of impaired fitness to practise 118 1 This section applies where— a an allegation is made to SCW that a registered person's fitness to practise is impaired, or b SCW otherwise has reason to believe that a registered person's fitness to practise may be impaired. 2 SCW— a must refer for preliminary consideration the matter which is the subject of the allegation or its reason to believe that the registered person's fitness to practise may be impaired, and b may refer the matter to an interim orders panel (see Chapter 4). Preliminary consideration 119 1 The person giving preliminary consideration to a matter referred by SCW must refer that matter for investigation under section 125 unless— a the person determines that the matter is not eligible for onward referral under section 120, or b the person is required by section 121 to refer the matter directly to a fitness to practise panel. 2 The person giving preliminary consideration to a matter may, at any stage, refer the matter to an interim orders panel (in addition to making a referral or determination under subsection (1)). 3 SCW must by rules make provision about the procedure for preliminary consideration which may, in particular, provide for preliminary consideration to be carried out by— a one or more persons appointed for that purpose, on such terms and conditions (including remuneration) as SCW may determine; b one or more members of SCW's staff. 4 But rules made under subsection (3) may not provide for preliminary consideration to be carried out by— a a person who is a member of— i SCW, ii Social Work England , iii the Scottish Social Services Council, or iv the Northern Ireland Social Care Council; b a person who is a member of a fitness to practise panel; c a person who is a member of an interim orders panel; d a prescribed person. 5 SCW must make such arrangements as it thinks appropriate to facilitate co-operation between— a a person who has made an allegation that a registered person's fitness to practise is impaired, and b the person giving preliminary consideration to the allegation. Eligibility for onward referral 120 1 A matter is eligible for onward referral unless— a the matter relates to conduct or an incident which occurred 5 years or more before the relevant date and none of the exceptions in subsection (4) apply, b the person appointed to give the matter preliminary consideration thinks the allegation is vexatious, or c where an allegation has been made anonymously, or by a person who fails to co-operate with the preliminary consideration procedure, the person appointed to give the matter preliminary consideration is unable to verify it. 2 In subsection (1) the reference to onward referral is a reference to— a referral to a fitness to practise panel under section 121, or b referral for investigation under section 125. 3 In subsection (1)(a) “ relevant date ” means— a the date of the allegation under section 118(1)(a), or b where an allegation has not been made under that section, the date on which SCW first became aware of the matter. 4 For the purposes of subsection (1)(a) the exceptions are— a the matter relates to a registered person's conviction for a relevant criminal offence; b the matter relates to the inclusion of the registered person in a barred list (as defined in section 117); c the matter relates to a determination by a relevant body (as defined by section 117) to the effect that a registered person's fitness to practise is impaired; d the person giving the matter preliminary consideration thinks that it is in the public interest for the matter to be referred for investigation. 5 For the purposes of subsection (4)(a) and section 121, a relevant criminal offence is— a in the case of a conviction by a court in the United Kingdom, an offence in respect of which a custodial sentence was, or could have been, imposed, or b in the case of a conviction by a court elsewhere, an offence in respect of which, had the offence been committed in England and Wales a custodial sentence could have been imposed. 6 In subsection (5) “ custodial sentence ” has the meaning given by section 76 of the Powers of Criminal Courts (Sentencing) Act 2000 (c.6) or section 222 of the Sentencing Code . Direct referral to a fitness to practise panel 121 A person giving preliminary consideration to a matter must refer it directly to a fitness to practise panel— a if the matter relates to the conviction of a registered person for a relevant criminal offence (see section 120(5)), and b in such other circumstances as may be specified by SCW in rules. Notice: ineligibility for onward referral 122 1 This section applies where a person giving preliminary consideration to a matter determines that the matter is not eligible for onward referral under section 120(1). 2 SCW must give notice of the determination to the relevant persons, unless SCW thinks that it is not in the public interest to do so. 3 For the purposes of subsection (2) “the relevant persons” are— a the registered person to whom the matter relates, and b where the matter was the subject of an allegation mentioned in section 118(1)(a), the person who made the allegation. 4 SCW may give notice to any other person that a matter is not eligible for onward referral where it is satisfied that it is in the public interest to do so. 5 SCW may by rules make provision about— a the content of a notice under this section, and b the procedure for giving notice. Notice: onward referral 123 1 This section applies where, on conclusion of a preliminary consideration under section 119, a matter is referred— a to a fitness to practise panel under section 121, or b for investigation under section 125. 2 SCW must give notice to— a the registered person to whom the matter relates; b where the matter was the subject of an allegation mentioned in section 118(1)(a), the person who made the allegation; c each person by whom, to the knowledge of SCW, the registered person is employed as a social care worker; d each person who, to the knowledge of SCW, has an arrangement with the registered person for the registered person to provide services to a third party in his or her capacity as a social care worker; e such other persons as may be prescribed. 3 SCW must by rules make provision about giving notice under subsection (2). 4 The rules may, in particular, make provision about— a the content of a notice; b the procedure for giving notice; c the period within which notice must be given. Notice: referral to an interim orders panel 124 Where a person refers a matter to an interim orders panel under section 118(2)(b) or 119(2) SCW— a must give notice of the referral to— i the registered person to whom the matter relates, and ii where the matter was the subject of an allegation mentioned in section 118(1)(a), the person who made the allegation, and b may give notice of the referral to any other person if SCW thinks it is in the public interest to do so. Investigation Duty to investigate 125 1 SCW must investigate, or make arrangements for the investigation of, a matter referred under section 119 in respect of a registered person's fitness to practise. 2 The person conducting an investigation under this section may, at any stage during the investigation, refer the matter to an interim orders panel. 3 SCW must by rules make provision about the arrangements for investigations under this section. 4 Rules made under subsection (3) may, in particular, make provision for— a the registered person to make representations to the person conducting the investigation; b investigations to be carried out by a member of SCW's staff; c the appointment of one or more individuals for the purpose of conducting an investigation; d the appointment of persons to provide assistance in relation to an investigation. 5 But rules made under subsection (3) may not provide for an investigation to be carried out by— a a person who is a member of— i SCW, ii Social Work England , iii the Scottish Social Services Council, or iv the Northern Ireland Social Care Council; b a person who is a member of a fitness to practise panel; c a person who is a member of an interim orders panel; d a prescribed person. Powers following an investigation 126 1 This section applies where the investigation of a matter relating to a registered person's fitness to practise has been concluded. 2 SCW must refer the matter to a fitness to practise panel if it is satisfied that— a there is a realistic prospect of the panel finding that the registered person's fitness to practise is impaired, and b it is in the public interest to refer the matter. 3 Where the matter is not referred to a fitness to practise panel, SCW may— a decide to take no further action in respect of the registered person; b give advice to the registered person, or to any other person involved in the investigation, in respect of any matter related to the investigation; c issue a warning to the registered person in respect of future conduct or performance; d agree with the registered person that he or she will comply with such undertakings as SCW thinks appropriate; e grant an application under section 92 by the registered person for his or her entry in the register to be removed by agreement. Notice: referral or disposal 127 1 SCW must give notice to the persons listed in subsection (2) of— a the referral of a matter to an interim orders panel under section 125(2); b the referral of a matter to a fitness to practise panel under section 126(2); c the way in which the matter has been disposed of under section 126(3). 2 The persons are— a the registered person to whom the matter relates, and b where the matter was the subject of an allegation mentioned in section 118(1)(a), the person who made the allegation. 3 SCW may give notice to any other person of the referral or disposal of a matter under section 126 if satisfied that it is in the public interest to do so. 4 A notice under this section must give the reasons for the referral. Warnings 128 1 Where SCW is proposing to issue a warning to a registered person, SCW must— a notify the registered person of its intention, and b notify that person of the right to request an oral hearing for the purpose of determining whether or not to give a warning. 2 SCW must by rules make provision about— a the period within which a request for an oral hearing may be made; b the arrangements and procedure for an oral hearing. 3 SCW must grant a request for an oral hearing if the request is made in accordance with the requirements of rules made under subsection (2). Undertakings 129 1 SCW must by rules make provision about the agreement of undertakings under section 126(3)(d). 2 The rules may, in particular, make provision about— a the procedure to be followed for the agreement of undertakings; b the procedure to be followed in the event of a breach of an undertaking; c the consequences of a breach of an undertaking; d periodic review of a requirement to comply with an undertaking. Mediation 130 1 The Welsh Ministers may by regulations provide, or authorise SCW by rules to provide, for arrangements for mediation to be undertaken with any registered person in respect of whom a matter is referred for investigation under section 125. 2 The regulations may make provision about, or authorise SCW by rules to make provision about— a the circumstances in which mediation may be undertaken, and b the arrangements for undertaking mediation. Review Review of decisions by SCW 131 1 SCW must review a decision to which subsection (2) applies if— a it thinks that the decision may be materially flawed, or b it thinks that a different decision may have been made on the basis of information that was not available when the decision was made. 2 This subsection applies to the following decisions— a a decision not to refer a matter to a fitness to practise panel under section 121 or 126(2), b a decision not to refer a matter for investigation under section 125, c a decision to dispose of a case after investigation under section 126(3), and d a decision to refer a case for mediation under regulations under section 130. 3 SCW may not review a decision after the end of the period of 2 years beginning with the date on which the decision was made unless SCW thinks that it is in the public interest to do so. 4 Where SCW decides to review a decision, it must give notice to the interested parties of— a the decision to carry out a review, and b the reasons for carrying out a review. 5 In this section “ interested parties ” means— a the registered person in respect of whom the decision under review was made, b the person (if any) who made an allegation in respect of which the decision was made, and c any other person who SCW thinks has an interest in the decision. 6 On a review under this section, SCW may— a substitute for the decision under review another decision of a kind that could have been made by the original decision maker, b refer the matter for investigation under section 125, or c determine that the decision stands. 7 SCW must give notice of the outcome of the review to the interested parties. 8 SCW must by rules make provision about the arrangements for carrying out a review under this section. 9 Rules made under subsection (8) may, in particular, make provision about— a the procedure to be followed in carrying out a review (including provision for the interested parties to make representations to SCW); b the content and timing of notices to be given under this section. Cancellation of referral to fitness to practise panel 132 1 This section applies where a matter has been referred to a fitness to practise panel under section 121 or 126(2) or to an interim orders panel under section 118(2)(b), 119(2) or 125(2) and— a SCW no longer thinks that there is a realistic prospect that the panel will find that the registered person's fitness to practise is impaired, or b SCW otherwise thinks that it is no longer appropriate for the registered person to be subject to fitness to practise proceedings under this Part. 2 SCW may— a determine that the fitness to practise panel or interim orders panel may not commence or continue proceedings in respect of the matter, or b determine that the fitness to practise proceedings may only commence or continue in respect of such particulars of the matter as SCW may specify. 3 Where SCW makes a determination under subsection (2) it may refer the matter, or specified particulars of the matter, for investigation under section 125. 4 SCW must give notice of a determination under subsection (2) to— a the registered person to whom the matter relates, b where an allegation has been made, the person who made the allegation, and c any person to whom notice of the referral was given under section 123(2)(c), (d) or (e) or 127(3). 5 The notice must include the reasons for the determination. 6 SCW must by rules make provision about the procedure for exercising its functions under this section; in particular, provision about— a the procedure to be followed in making a determination under subsection (2), and b the content and timing of a notice under subsection (4). Referral by SCW for review proceedings 133 1 This section applies where, in relation to a registered person, any of the following have effect— a undertakings agreed between the person and SCW under section 126(3)(d); b undertakings agreed between the person and a fitness to practise panel under section 136(1), 152(5) or (6), 153(4), 154(4) or 155(7); c a conditional registration order made (or confirmed or varied) under section 138(7), 152(8)(c), 153(6) or (7), 154(8)(c) or 155(10)(c); d a suspension order made (or confirmed or varied) under section 138(8), 152(8)(d), 153(9)(c) or 154(6) or (7). 2 If SCW thinks at any time that it is desirable that a fitness to practise panel should review the registered person's fitness to practise, SCW may refer the case to the panel to carry out a review (see Chapter 5). 3 But SCW must refer a case to a fitness to practise panel to carry out a review of a registered person's fitness to practise if SCW has reason to believe that— a where the person has agreed an undertaking of the kind mentioned in subsection (1)(a) or (b), that the person has breached the undertaking, or b where the person is subject to a conditional registration order of the kind mentioned in subsection (1)(c), that the person has breached any condition of the order. CHAPTER 3 DISPOSAL OF FITNESS TO PRACTISE CASES Scope and interpretation of Chapter 3 134 1 This Chapter applies in respect of a matter which has been referred to a fitness to practise panel. 2 But it does not apply in respect of review proceedings under section 151 (except to the extent that rules may be made under section 136(4) or 137(6) about undertakings agreed, confirmed or varied, or warnings given, on a review carried out under section 151). 3 Nor does it apply in respect of proceedings before a fitness to practise panel, or that part of proceedings before a fitness to practise panel, in which that panel is considering— a whether to make an interim order under section 144, or b the review of an interim order under section 146. 4 In this Chapter a reference to a registered person is a reference to the registered person in respect of whom the referral to the fitness to practise panel has been made. Removal from register on consensual basis 135 1 Subsection (2) applies where— a a registered person has applied under section 92 for the entry relating to that person to be removed from the register by agreement, and b that application has been referred to a fitness to practise panel by virtue of rules made under section 92(3). 2 The fitness to practise panel may make an order for the entry relating to the registered person to be removed from the register by agreement only if the person has agreed to a statement of facts relating to the matter in respect of which the referral mentioned in subsection (1) was made. 3 If an order for removal by agreement is made, SCW— a may publish the statement of agreed facts in such manner as it thinks appropriate, and b may disclose the statement to any person if SCW thinks it is in the public interest to do so. Other consensual disposal by fitness to practise panel: undertakings 136 1 A fitness to practise panel may agree undertakings with the registered person if the person admits that his or her fitness to practise is impaired. 2 SCW must disclose details of the undertakings to any person— a by whom, to the knowledge of SCW, the registered person is employed as a social care worker; b who, to the knowledge of SCW, has an arrangement with the registered person for the registered person to provide services to a third party in his or her capacity as a social care worker; c from whom, to the knowledge of SCW, the registered person is seeking such employment or such an arrangement; d as may be prescribed. 3 But SCW may not disclose to any person details of any undertaking which relates solely to the registered person's physical or mental health. 4 SCW may by rules make provision about undertakings agreed with a fitness to practise panel under this section; and the rules may, in particular, make provision about the matters specified in section 129(2) (procedure to be followed for agreement of undertakings etc.). 5 Rules under subsection (4) may include provision in respect of undertakings agreed, confirmed or varied on a review under section 138(4), 152(5) or (6), 153(4), 154(4) or 155(7). Disposals by fitness to practise panel: finding of no impairment 137 1 This section applies where a fitness to practise panel has determined that a registered person's fitness to practise is not impaired. 2 The panel may decide to take no further action in respect of that person. 3 Or, the panel may do either or both of the following things— a dispose of the matter in the way specified in subsection (4); b dispose of the matter in the way specified in subsection (5). 4 The panel may give advice on any matter related to the allegation under section 118(1)(a) or the information which gave rise to the proceedings under section 118(1)(b) (as the case may be)— a to the registered person, and b to any other person involved in the proceedings. 5 The panel may give a warning to the registered person in respect of future conduct or performance. 6 SCW may by rules make provision about the procedure for giving a warning under this section. 7 Rules under subsection (6) may, in particular, make provision— a requiring notice of a proposed warning to be given to the registered person, and b allowing the registered person to make representations in respect of the proposed warning. 8 Rules under subsection (6) may also include provision in respect of a warning given under section 138(6) or on a review under section 152(3)(b)(ii), 153(3)(b)(ii), 154(3)(b)(ii) or 155(6)(b)(ii). Disposals by fitness to practise panel: finding of impairment 138 1 This section applies where a fitness to practise panel has determined that a registered person's fitness to practise is impaired. 2 The panel must dispose of the matter in one of the ways mentioned in subsections (3) to (9). 3 The panel may make an order under section 135(2) for removal of the registered person's entry from the register by agreement. 4 The panel may agree undertakings with the registered person; in which case, section 136(2) and (3) apply in respect of such undertakings. 5 The panel may decide to take no further action in respect of the registered person. 6 The panel may give a warning to the registered person in respect of future conduct or performance. 7 The panel may make a conditional registration order, which is an order imposing conditions on the person's registration. 8 The panel may make a suspension order, which is an order suspending the registered person's registration. 9 The panel may make a removal order, which is an order for the removal of the entry relating to the registered person in the register. 10 But the panel may not make a removal order if the only ground on which it has determined that the registered person's fitness to practise is impaired is adverse physical or mental health. Disposals: further provision about conditional registration and suspension orders 139 1 A conditional registration order must specify— a the conditions with which the person to whom the order relates must comply, and b the period for which the order is to have effect, which must not exceed 3 years; but see section 153 regarding extensions of that period on review. 2 A conditional registration order may specify— a that the order must be reviewed in accordance with arrangements specified in the order; b different conditions that have effect for different periods; but this is subject to the limit mentioned in subsection (1)(b). 3 A suspension order must specify the period for which the order is to have effect, which must not exceed one year; but see section 154 regarding extensions of that period on review. 4 A suspension order may specify that the order must be reviewed in accordance with arrangements specified in the order. Immediate orders for conditional registration or suspension 140 1 This section applies where a fitness to practise panel has made a conditional registration order, a suspension order or a removal order in respect of a registered person under section 138(7), (8) or (9) (“the decision”). 2 The fitness to practise panel may— a in the case of a conditional registration order, make an order that the registered person's registration in the register should be subject to the conditions with immediate effect, or b in the case of a suspension order or a removal order, make an order that the registered person's registration in the register should be suspended with immediate effect. 3 The panel may make an order under subsection (2) (an “immediate order”) only if it is satisfied that the order— a is necessary for the protection of the public, b is otherwise in the public interest, or c is in the interests of the registered person. 4 SCW must give notice to the registered person of the making of an immediate order. 5 An immediate order has effect from the date on which the registered person was notified of it until— a the date on which the decision takes effect in accordance with section 141(5), or b an appeal against the decision is upheld. Fitness to practise decisions: notification and taking effect 141 1 Where a fitness to practise panel disposes of a case in any of the ways specified in sections 135 to 138, SCW must give notice to the registered person of the decision as to the disposal of the case. 2 In any case where the disposal follows a finding as to impairment of fitness to practise, the notice to the registered person must include— a a statement of facts found by the panel, and b the panel's finding as to impairment of fitness to practise. 3 A decision to dispose of a case in any of the ways specified in section 135, 136 or 137 takes effect immediately. 4 Where a fitness to practise panel disposes of a case in any of the ways specified in section 138(5) to (9), SCW must also give notice to the registered person of the right of appeal against the decision under section 158. 5 A decision to dispose of a case in any of the ways specified in section 138(5) to (9) does not take effect until— a the end of the period of 28 days beginning with the day on which the registered person was notified of the decision, or b if an appeal is made within that period, the appeal is withdrawn, discontinued or dismissed. Regulations about disposals by fitness to practise panels 142 1 The Welsh Ministers may by regulations amend sections 135 to 138 to revise the ways in which a fitness to practise panel may dispose of a fitness to practise matter. 2 The regulations may, in particular— a add a new disposal power to the powers mentioned in those sections, and make supplementary provision in respect of such a power; b amend or repeal a disposal power mentioned in those sections; c amend or repeal provisions of those sections which make supplementary provision in respect of a disposal power mentioned in those sections. CHAPTER 4 INTERIM ORDERS AND REVIEW OF INTERIM ORDERS Scope and interpretation of Chapter 4 143 1 This Chapter applies— a where a matter has been referred to an interim orders panel, and b where a matter has been referred to a fitness to practise panel, to the proceedings before the fitness to practise panel, or that part of those proceedings, in which the fitness to practise panel is considering— i whether to make an interim order under section 144, or ii the review of an interim order under section 146. 2 In this Chapter— “ interim order proceedings ” (“ achos gorchymyn interim ”) means proceedings in respect of which this Chapter applies, and “ panel ” (“ panel ”) means the interim orders panel or fitness to practise panel before which the proceedings are brought. 3 In this Chapter a reference to a registered person is a reference to the registered person in respect of whom the referral to the panel has been made. Interim orders 144 1 A panel may in interim order proceedings make an interim order in relation to a registered person. 2 An interim orders panel may make an interim order whether or not the matter has been referred to a fitness to practise panel. 3 Where a matter has been referred to a fitness to practise panel, any interim order must be made before the matter is disposed of by the fitness to practise panel in accordance with any of sections 135 to 138. 4 The two types of interim order are— a an interim suspension order, which is an order suspending the registered person's registration; b an interim conditional registration order, which is an order imposing conditions on the registered person's registration. 5 A panel may make an interim order only if it is satisfied that the order— a is necessary for the protection of the public, b is otherwise in the public interest, or c is in the interests of the registered person. 6 An interim order— a takes effect immediately, and b may not have effect for a period of more than 18 months (unless it is extended; see section 148 (extension of interim order by the tribunal)). 7 Where an interim order is made in respect of a registered person, SCW must give notice to the person of— a the decision, b the reasons for the decision, and c the right of appeal under section 145 against the decision. Appeals against interim orders 145 1 Where a panel has made an interim order under section 144 in respect of a registered person, that person may appeal against the order to the tribunal. 2 An appeal must be made before the end of the period of 28 days beginning with the day on which notice of the decision is given under section 144(7). 3 But the tribunal may allow an appeal to be made to it after the end of the period mentioned in subsection (2) if it is satisfied that there is a good reason for the failure to appeal before the end of that period (and for any delay in applying for permission to appeal out of time). 4 On an appeal, the tribunal may— a revoke the interim order, b in the case of an interim conditional registration order, revoke or vary any condition, c replace an interim suspension order with an interim conditional registration order, d replace an interim conditional registration order with an interim suspension order, e vary the period for which the interim order is to have effect, f remit the case to SCW for it to dispose of in accordance with the directions of the tribunal, or g make no change to the interim order. Reviews of interim orders: timing 146 1 A panel must first review an interim order made under section 144 within six months beginning with the date on which the order was made. 2 Where an interim order made under section 144 has been varied or replaced by the tribunal on an appeal under section 145, the reference in subsection (1) to the date on which the order was made is to be read as a reference to the date of the tribunal's decision. 3 Subsection (4) sets out the timing of the first review of an interim order following its extension or further extension by the tribunal (see section 148), and “ the tribunal's decision ” means the decision to extend or further extend the order (as the case may be). 4 A panel must review the interim order— a if no review of the order had taken place before the tribunal's decision, within six months beginning with the date of the tribunal's decision, or b if a review of the order had taken place before the tribunal's decision, within three months beginning with that date. 5 Subsection (6) sets out the timing of the first review of a replacement interim conditional registration order or interim suspension order made on a review (“ the replacement order ”) (see section 147(1)(c) and (d)). 6 A panel must review the replacement order— a if no review of the order which has been replaced had taken place before the review which led to the replacement order being made, within six months beginning with the date on which the replacement order was made, or b if a review of the order which has been replaced had taken place before the review which led to the replacement order being made, within three months beginning with the date on which the replacement order was made. 7 After the first review of an interim order under subsection (1), (4) or (6), a panel must review the order (for so long as it is in effect)— a within six months beginning with the date of the decision of the most recent review, or b if after the end of the period of three months beginning with that date, the registered person requests an earlier review, as soon as practicable. 8 A panel may review an interim order at any time if new evidence becomes available which is relevant to the case. 9 In subsections (7) and (8) a reference to an interim order includes a reference to— a an interim order as extended or further extended by the tribunal, b an interim order as varied on a review (see section 147(1)(b)), and c a replacement interim conditional registration order or interim suspension order made on a review. Reviews of interim order: possible decisions 147 1 On the completion by a panel of a review of an interim order, the panel may— a revoke the interim order; b in the case of an interim conditional registration order, revoke or vary any condition; c replace an interim suspension order with an interim conditional registration order; d replace an interim conditional registration order with an interim suspension order; e make no changes to the interim order. 2 A panel may make a decision specified in subsection (1)(b), (c), (d) or (e) only if the panel is satisfied that the decision— a is necessary for the protection of the public, b is otherwise in the public interest, or c is in the interests of the registered person. 3 A replacement order made under subsection (1)(c) or (d) has effect for the remainder of the period for which the order which it replaces had effect (unless it is extended under section 148). 4 In this section— a a reference to an interim order includes a reference to— i an interim order as extended or further extended by the tribunal; ii an interim order as varied under subsection (1)(b); iii a replacement interim conditional registration order or interim suspension order made under subsection (1)(c) or (d); b a reference to an interim conditional registration order or an interim suspension order includes a reference to— i an interim order of that kind as extended or further extended by the tribunal; ii in the case of an interim conditional registration order, an interim order as varied under subsection (1)(b); iii a replacement order of that kind made under subsection (1)(c) or (d). Extension of interim order by the tribunal 148 1 SCW may apply to the tribunal for an interim order to be extended or further extended. 2 On an application, the tribunal may— a revoke the interim order, b in the case of a conditional registration order, revoke or vary any condition, c extend, or further extend, the order for up to 12 months, or d make no change to the order or to the period for which the order is to have effect. 3 In this section, a reference to an interim order includes a reference to— a an interim order as extended or further extended under this section, b an interim order varied on a review (see section 147(1)(b)), and c a replacement interim conditional registration order or interim suspension order made on a review (see section 147(1)(c) or (d)). Revocation of interim orders 149 1 This section applies where— a a fitness to practise panel disposes of a matter in respect of a registered person in any of the ways set out in sections 135 to 138, and b at that time, the registered person is subject to an interim order (see section 144). 2 The fitness to practise panel must, at the same time as it disposes of the matter, revoke the interim order. 3 The revocation of the interim order takes effect on the date on which the panel disposes of the matter as described in subsection (1)(a). 4 In this section a reference to an interim order includes a reference to the following (see sections 147 and 148)— a an interim order as extended or further extended by the tribunal; b an interim order as varied on a review; c a replacement interim conditional registration order or interim suspension order made on a review. CHAPTER 5 REVIEW PROCEEDINGS Review proceedings: interpretation and general 150 1 In this Chapter a reference to a registered person is to the registered person whose fitness to practise is the subject of a review under section 151. 2 A fitness to practise panel may make an order for removal of a registered person's entry from the register by agreement under section 152(2), 153(2), 154(2) or 155(5) only if the person has agreed to a statement of facts relating to the matter. 3 If such an order is made under any of those provisions, SCW— a may publish the statement of agreed facts in such manner as it thinks appropriate, and b may disclose the statement to any person if SCW thinks it is in the public interest to do so. 4 Where a fitness to practise panel agrees or confirms undertakings, or agrees any variation of undertakings, under section 152(5) or (6), 153(4), 154(4) or 155(7), SCW must disclose details of the undertakings to any person— a by whom, to the knowledge of SCW, the registered person is employed as a social care worker, b who, to the knowledge of SCW, has an arrangement with the registered person for the registered person to provide services to a third party in his or her capacity as a social care worker, c from whom, to the knowledge of SCW, the registered person is seeking such employment or such an arrangement, and d as may be prescribed. 5 But SCW may not disclose to any person details of any undertaking which relates solely to the registered person's physical or mental health. Review proceedings 151 1 Subsection (2) applies where undertakings agreed between a fitness to practise panel and a registered person under section 136(1), 152(5) or (6), 153(4), 154(4) or 155(7) have effect. 2 A fitness to practise panel must carry out a review of the registered person's fitness to practise in accordance with any requirements as to review contained in those undertakings. 3 Subsection (4) applies where a conditional registration order made (or confirmed or varied) under section 138(7), 152(8)(c), 153(6) or (7), 154(8)(c) or 155(10)(c) has effect in relation to a registered person. 4 A fitness to practise panel must carry out a review of the registered person's fitness to practise in accordance with any requirements as to review contained in the conditional registration order. 5 Subsection (6) applies where a suspension order made (or confirmed or varied) under section 138(8), 152(8)(d), 153(9)(c) or 154(6) or (7) has effect in relation to a registered person. 6 A fitness to practise panel must carry out a review of the registered person's fitness to practise in accordance with any requirements as to review contained in the suspension order. 7 A fitness to practise panel must also carry out a review of a registered person's fitness to practise in a case referred to it by SCW under section 133. Review of undertakings: disposals by fitness to practise panel 152 1 This section specifies the possible disposals which may be made by a fitness to practise panel which has completed a review under section 151(2) or (7) of the fitness to practise of a registered person who has agreed undertakings. 2 If the registered person has applied under section 92 for removal of the entry relating to the person from the register by agreement, the panel may make an order for the removal of that entry. 3 If the panel determines that the registered person's fitness to practise is no longer impaired, the panel— a must revoke the undertakings, and b may do either or both of the following— i give advice to the person on any matter related to the case; ii give the person a warning in respect of future conduct or performance. 4 If the registered person admits that his or her fitness to practise is impaired, or if the panel determines that the person's fitness to practise is impaired, the panel may make a disposal specified in subsection (5) or (6). 5 The panel may agree with the registered person that the undertakings remain in effect with no variations. 6 The panel may agree with the registered person that either or both of the following variations may be made to any undertaking— a a variation of its terms; b an extension or reduction of the period for which it is to have effect. 7 Under subsection (6)(b) an extension of the period for which any undertaking is to have effect may not be for more than 3 years. 8 If the panel determines that the registered person's fitness to practise is impaired, the panel may revoke the undertakings and make a decision to— a take no further action in respect of the person, b give a warning to the person in respect of future conduct or performance, c make a conditional registration order, d make a suspension order, or e subject to subsection (9), make a removal order. 9 The panel may not make a removal order in a case where the panel has determined that the registered person's fitness to practise is impaired on the grounds of adverse physical or mental health, and no other ground in section 117. Review of conditional registration orders: disposals by fitness to practise panel 153 1 This section specifies the possible disposals which may be made by a fitness to practise panel which has completed a review under section 151(4) or (7) of the fitness to practise of a registered person who is subject to a conditional registration order. 2 If the registered person has applied under section 92 for the removal of the entry relating to the person from the register by agreement, the panel may make an order for the removal of that entry. 3 If the panel determines that the registered person's fitness to practise is no longer impaired, the panel— a must revoke the conditional registration order, and b may do either or both of the following— i give advice to the person on any matter related to the case; ii give the person a warning in respect of future conduct or performance. 4 The panel may agree undertakings with the registered person— a if the person admits that his or her fitness to practise is impaired, or b if the panel determines that the person's fitness to practise is impaired. 5 If the panel determines that the registered person's fitness to practise is impaired (and undertakings have not been agreed), the panel may dispose of the case as described in subsections (6), (7) or (9). 6 The panel may confirm the conditional registration order with no variations. 7 The panel may do any or all of the following in respect of the conditional registration order— a revoke any condition; b vary any condition; c extend or reduce the period for which the order is to have effect. 8 Under subsection (7)(c) an extension of the period for which the order is to have effect may not be for more than 3 years. 9 The panel may revoke the conditional registration order and make a decision to— a take no further action in respect of the registered person, b give a warning to the person in respect of future conduct or performance, c make a suspension order, or d subject to subsection (10), make a removal order. 10 The panel may not make a removal order in a case where the panel has determined that the registered person's fitness to practise is impaired on the grounds of adverse physical or mental health, and no other ground in section 117. Review of suspension orders: disposals by fitness to practise panel 154 1 This section specifies the possible disposals which may be made by a fitness to practise panel which has completed a review under section 151(6) or (7) of the fitness to practise of a registered person who is subject to a suspension order. 2 If the registered person has applied under section 92 for the removal of the entry relating to the person from the register by agreement, the panel may make an order for the removal of that entry. 3 If the panel determines that the registered person's fitness to practise is no longer impaired, the panel— a must revoke the suspension order, and b may do either or both of the following— i give advice to the person on any matter related to the case; ii give the person a warning in respect of future conduct or performance. 4 The panel may agree undertakings with the registered person— a if the person admits that his or her fitness to practise is impaired, or b if the panel determines that the person's fitness to practise is impaired. 5 If the panel determines that the registered person's fitness to practise is impaired (and undertakings have not been agreed), the panel may dispose of the case as described in subsections (6), (7), (8) or (10). 6 The panel may confirm the suspension order with no variations. 7 The panel may— a extend the period for which the suspension order is to have effect for a period of no more than 12 months, or b reduce the period for which the suspension order is to have effect. 8 The panel may revoke the suspension order and make a decision to— a take no further action in respect of the registered person, b give a warning to the person in respect of future conduct or performance, c make a conditional registration order, or d make a removal order. 9 The panel may not make a removal order in a case where the panel has determined that the registered person's fitness to practise is impaired on the grounds of adverse physical or mental health, and no other ground in section 117. 10 If the conditions in subsection (11) are met, the panel may make an indefinite suspension order, which is an order suspending the registered person's registration in the register for an indefinite period. 11 The conditions are— a the panel has determined that the registered person's fitness to practise is impaired on the grounds of adverse physical or mental health, and on no other ground specified in section 117, b at the date of the panel's decision, the person has been suspended for at least 2 years, and c the suspension order to which the person is subject is due to expire within 2 months of the date of the panel's decision. Review of indefinite suspension orders 155 1 This section applies where a fitness to practise panel has made an indefinite suspension order. 2 A fitness to practise panel must review the indefinite suspension order on the application of the registered person. 3 The registered person may not make an application for review— a before the expiry of the period of 2 years beginning with the date on which the order was made, or b within the period of 2 years beginning with the date of a previous application for review. 4 The following subsections specify the possible disposals which may be made by a fitness to practise panel which has completed a review under subsection (2). 5 If the registered person has applied under section 92 for the removal of the entry relating to the person from the register by agreement, the panel may make an order for the removal of that entry. 6 If the panel determines that the registered person's fitness to practise is no longer impaired, the panel— a must revoke the indefinite suspension order, and b may do either or both of the following— i give advice to the person on any matter related to the case; ii give the person a warning in respect of future conduct or performance. 7 The panel may agree undertakings with the registered person— a if the person admits that his or her fitness to practise is impaired, or b if the panel determines that the person's fitness to practise is impaired. 8 If the panel determines that the registered person's fitness to practise is impaired (and undertakings have not been agreed), the panel may dispose of the case as described in subsection (9) or (10). 9 The panel may confirm the indefinite suspension order. 10 The panel may revoke the indefinite suspension order and make a decision to— a take no further action in respect of the registered person, b give a warning to the person in respect of future conduct or performance, or c make a conditional registration order. Reviews: further provision about conditional registration and suspension orders 156 1 Subsections (2) and (3) apply to a conditional registration order made under section 152(8)(c), 154(8)(c) or 155(10)(c). 2 The order must specify— a the conditions with which the person to whom the order relates must comply, and b the period for which the order is to have effect, which must not exceed 3 years; but see section 153 regarding extensions of that period on review. 3 The order may specify— a that it must be reviewed in accordance with arrangements specified in the order; b different conditions that have effect for different periods; but this is subject to the limit mentioned in subsection (2)(b). 4 Subsections (5) and (6) apply to a suspension order made under section 152(8)(d) or 153(9)(c). 5 The order must specify the period for which it is to have effect, which must not exceed 3 years; but see section 154 regarding extensions of that period on review. 6 The order may specify that it must be reviewed in accordance with arrangements specified in the order. Decisions in review cases: notification and taking effect 157 1 Where a fitness to practise panel disposes of a review case in any of the ways specified in sections 152 to 155, SCW must give notice to the registered person of the decision as to the disposal of the case. 2 In any case where the disposal follows a finding as to impairment of fitness to practise, the notice given to the registered person must include— a a statement of facts found by the panel, and b the panel's reasons for its finding. 3 A decision to dispose of a review case in any of the ways specified in sections 152 to 155, except those disposals specified in subsection (4), takes effect immediately. 4 Subsection (5) applies where a fitness to practise panel disposes of a review case in any of the ways specified in— a section 152(8), b section 153(6), (7) or (9), c section 154(6), (7), (8) or (10), or d section 155(9) or (10). 5 SCW must also give notice to the registered person of the right of appeal under section 158 against the decision. 6 A decision to dispose of a review case in any of the ways specified in subsection (4) does not take effect until— a the end of the period of 28 days beginning with the day on which the registered person was notified of the decision, or b if an appeal is made within that period, the appeal is withdrawn, discontinued or dismissed. 7 Subsection (8) applies where— a a registered person is subject to a conditional registration order under section 138(7), 152(8)(c), 153(6) or (7), 154(8)(c) or 155(10)(c), and b a fitness to practise panel disposes of a review case in any of the ways specified in section 153(6), (7) or (9)(c) or (d) (“the decision”). 8 The registered person's conditional registration under the order as mentioned in subsection (7)(a) continues to have effect until— a the decision takes effect in accordance with subsection (6), or b an appeal against the decision is upheld, despite the fact that, were it not for this subsection, the conditional registration would cease to have effect before that date. 9 Where a registered person is subject to a conditional registration order as mentioned in subsection (7)(a) and a fitness to practise panel disposes of a review case by extending the period of the conditional registration order under section 153(7)(c) that extended period of conditional registration is to be treated as having started on the date on which the previous period of conditional registration would, were it not for subsection (8), have ceased to have had effect. 10 Subsection (11) applies where— a a registered person is subject to a suspension order under section 138(8), 152(8)(d), 153(9)(c) or 154(6) or (7), or an indefinite suspension order under section 154(10) or 155(9), and b a fitness to practise panel disposes of a review case in any of the ways specified in section 154(6), (7), (8)(c) or (d) or (10) or 155(10)(c) (“the decision”). 11 The registered person's suspension under the order as mentioned in subsection (10)(a) continues to have effect until— a the decision takes effect in accordance with subsection (6), or b an appeal against the decision is upheld, despite the fact that, were it not for this subsection, the suspension would cease to have effect before that date. 12 Where a registered person is subject to a suspension order under section 138(8), 152(8)(d), 153(9)(c) or 154(6) or (7) and a fitness to practise panel disposes of a review case by extending the period of the suspension order under section 154(7)(a) that extended period of suspension is to be treated as having started on the date on which the previous period of suspension would, were it not for subsection (11), have ceased to have had effect. CHAPTER 6 APPEALS AND REFERRALS TO THE TRIBUNAL Appeals against decisions of a fitness to practise panel 158 1 This section applies where a fitness to practise panel— a having determined that a registered person's fitness to practise is impaired (“a finding of impairment”), makes a decision to take no further action under section 138(5); b following a finding of impairment, gives a warning under section 138(6); c following a finding of impairment, makes a conditional registration order under section 138(7); d following a finding of impairment, makes a suspension order under section 138(8); e following a finding of impairment, makes a removal order under section 138(9); f following a finding of impairment, makes a decision in a review case under section 152(8) (disposals following review of undertakings); g following a finding of impairment, makes a decision in a review case under section 153(6), (7) or (9) (disposals following review of conditional registration order); h following a finding of impairment, makes a decision in a review case under section 154(6), (7), (8) or (10) (disposals following review of suspension order); i makes a decision in a review case under section 155(9) or (10) (disposals following review of indefinite suspension order). 2 The person in respect of whom a decision of a kind listed in subsection (1) was made may appeal against the decision to the tribunal. 3 An appeal must be brought within the period of 28 days beginning with the day on which notice of the decision is given to the person concerned. 4 But the tribunal may allow an appeal to be made to it after the end of the period mentioned in subsection (3) if it is satisfied that there is a good reason for the failure to appeal before the end of that period (and for any delay in applying for permission to appeal out of time). 5 On an appeal under this section, the tribunal may— a confirm the decision, b substitute for the decision appealed against another decision that the fitness to practise panel could have made, or c remit the case to SCW to dispose of in accordance with the directions of the tribunal. CHAPTER 7 GENERAL AND SUPPLEMENTARY Disclosure of information about fitness to practise 159 SCW may publish or disclose to any person information relating to a registered person's fitness to practise if it thinks it to be in the public interest to do so. Power to require information 160 1 For the purpose of carrying out functions under this Part, SCW may require— a a registered person, or b any other person (other than a Minister of the Crown), who SCW thinks is able to supply information or produce any document which appears relevant to the exercise of any such function, to supply that information or produce that document. 2 SCW may, in particular, require the registered person whose fitness to practise is being investigated, to provide details of any person— a by whom the registered person is employed as a social care worker; b who has an arrangement with the registered person for the registered person to provide services to a third party in his or her capacity as a social care worker. 3 Nothing in this section requires or permits any disclosure of information which is prohibited by any enactment or other rule of law. 4 But where information is held in a form in which the prohibition operates because the information is capable of identifying an individual, SCW may require that the information be put in a form which is not capable of identifying that individual. 5 If a person fails to supply any information or produce any document within 14 days, or such longer period as SCW may specify, of the person being required to do so under this section, SCW may apply to the tribunal for an order requiring the information to be supplied or the document to be produced. Publication of fitness to practise decisions 161 1 SCW must publish a decision of a fitness to practise panel to make a consensual disposal of a matter under section 135 or 136. 2 SCW must publish a decision of a fitness to practise panel to dispose of a case under section 137 (disposal following a finding of no impairment of fitness to practise). 3 SCW must publish a decision of a fitness to practise panel to dispose of a case under section 138 (disposal following a finding of impaired fitness to practise). 4 SCW must publish a decision of a fitness to practise panel to dispose of a review cases in any of the ways mentioned in sections 152 to 155. 5 SCW must publish a decision of a fitness to practise panel to make an immediate order under section 140. 6 SCW must publish the following decisions of an interim orders panel or a fitness to practise panel— a a decision to make an interim order under section 144; b a decision to confirm or vary an interim order on a review under section 147. 7 SCW must publish any decision it makes— a to issue a warning under section 126(3)(c) (powers of SCW where case is not referred to a fitness to practise panel), b to agree undertakings under section 126(3)(d), or c to grant an application for removal from the register by agreement under section 126(3)(e). 8 Subsections (1) to (7) are subject to subsections (9) and (10). 9 SCW is not required to publish any decision of a fitness to practise panel to take no further action in respect of a registered person under section 137(2), 138(5), 152(8)(a), 153(9)(a), 154(8)(a) or 155(10)(a); but it may do so. 10 SCW must not publish any information about a person's physical or mental health. Guidance about fitness to practise 162 1 SCW may publish guidance about factors which in its view may make it appropriate, or inappropriate, for a fitness to practise panel or an interim orders panel to make or confirm an interim order under Chapter 4. 2 A fitness to practise panel or an interim orders panel must have regard to guidance published under subsection (1) in exercising any function under Chapter 4. 3 SCW may publish guidance about factors which in its view may make it appropriate, or inappropriate, for a fitness to practise panel to do any of the following— a reach a consensual disposal of a matter under section 135 or 136; b give advice or a warning under section 137; c dispose of any matter in any of the ways mentioned in section 138(3) to (9); d make an immediate order under section 140; e dispose of a matter on review in any of the ways mentioned in sections 152 to 155. 4 SCW may publish guidance about— a particular undertakings, or kinds of undertakings, which may be agreed by a fitness to practise panel, and when it may be appropriate or inappropriate to agree such undertakings; b particular conditions, or kinds of conditions, which may be included in a conditional registration order, and when it may be appropriate or inappropriate to include such conditions; c the period of time for which any of the following should have effect— i undertakings; ii conditions included in a conditional registration order; iii a suspension order. 5 SCW may publish guidance about factors which it thinks should be taken into account in determining whether or not a registered person's fitness to practise is impaired on the grounds of adverse physical or mental health. 6 A fitness to practise panel must have regard to guidance published under subsections (3) to (5) in exercising any function under this Part. Suspension: supplementary 163 1 This section applies in respect of a person who is subject to— a a suspension order made under section 138(8) (disposals by fitness to practise panel: finding of impairment); b a suspension order made, confirmed or varied on review under section 152(8)(d), 153(9)(c) or 154(6) or (7); c an indefinite suspension order made or confirmed on review under section 154(10) or 155(9); d an interim suspension order made, confirmed or varied under section 144 or 147. 2 The person is to be treated for all purposes other than those mentioned in subsection (3) as not being registered in the register despite the fact that the person's name continues to appear in it. 3 The person is to be treated as registered for the purpose of— a any proceedings under this Part (including preliminary consideration or investigation under Chapter 2) which relate to the person's fitness to practise; b an application made under rules under section 92 for removal from a part of the register by agreement; c proceedings under section 94 (entries based on false or misleading information) which relate to an entry in a part of the register. Meaning of “registered person” in Part 6 164 In this Part “registered person” means a person who is registered in the social worker part or an added part ... of the register; and it includes a person— a whose registration would have lapsed under section 87(1) but for the fact that subsection (2) of that section applies to the person; b in respect of whom a suspension order has effect under section 138(8), 152(8)(d), 153(9)(c), 154(6), (7) or (10) or 155(9); c in respect of whom an interim suspension order has effect under section 144 or 147. PART 7 ORDERS PROHIBITING WORK IN SOCIAL CARE: UNREGISTERED PERSONS Designation of regulated activity 165 1 The Welsh Ministers may by regulations— a designate an activity to which subsection (2) applies as a regulated activity for the purposes of this Part, and b authorise the making of prohibition orders in respect of the regulated activity. 2 The activities to which this subsection applies are— a practising as a social care worker of a prescribed description; b carrying out a prescribed activity as a social care worker; c the use by an individual of a prescribed title relating to an activity within paragraph (a) or (b). 3 In subsection (2) references to “social care worker” do not include a reference to— a a social worker, or b a social care worker of a description specified for the time being by regulations under section 80(1)(b) (descriptions of social care worker in respect of whom SCW keeps an added part of the register). 4 In this Part “ prohibition order ” means an order made by a fitness to practise panel prohibiting a person from carrying out a regulated activity. 5 Before making regulations under this section the Welsh Ministers must consult any persons they think appropriate. 6 But the requirement to consult does not apply to regulations which— a amend other regulations made under this section, and b do not, in the opinion of the Welsh Ministers, effect any substantial change in the provision made by the regulations to be amended. Conditions for making a prohibition order 166 1 Regulations made under section 165 must prescribe the circumstances in which a fitness to practise panel may make a prohibition order. 2 The regulations may, in particular, provide that a panel may not make a prohibition order in respect of a person unless one or more of the following conditions is met— a the person has been convicted of an offence of a prescribed kind; b the person has been given a caution in respect of an offence of a prescribed kind; c the person is included in a barred list; d a relevant body has made a determination to the effect that the person's fitness to practise is impaired; e the panel is satisfied that the person has failed to meet any standard of conduct specified under section 173; f the panel thinks that it is necessary for the protection of the public, or that it is otherwise in the public interest, to make the order. 3 In subsection (2) “ barred list ” and “ relevant body ” have the same meaning as in section 117 (grounds of impairment of fitness to practise). Interim prohibition orders 167 1 Regulations under section 165 must authorise the making of interim prohibition orders. 2 An interim prohibition order is an order made by a fitness to practise panel prohibiting a person from carrying out a regulated activity pending a decision as to whether or not to make a prohibition order. 3 The regulations must provide that a panel may not make an interim prohibition order unless it thinks that it is necessary for the protection of the public, or is otherwise in the public interest, to make the order as a matter of urgency. Prohibition orders: supplementary provision 168 The Welsh Ministers may by regulations— a make provision as to the time when a prohibition order takes effect; b make provision about the review of a prohibition order by a fitness to practise panel, including— i the circumstances in which a prohibition order may be reviewed, ii the procedure for applying for a review, iii the timing of a review, and iv the powers of the panel on a review (including power to set aside the prohibition order); c require SCW to publish prescribed information about determinations made by fitness to practise panels in respect of prohibition orders and interim prohibition orders; d require SCW to make such prescribed information available— i to persons of a specified description, or ii for public inspection. Interim prohibition orders: review 169 1 A fitness to practise panel must review an interim prohibition order as soon as practicable if— a the person in respect of whom the order is made requests a review, and b the request is made no earlier than 3 months after the date on which the order was made. 2 If an interim prohibition order is reviewed under subsection (1), a fitness to practise panel must review the order within each subsequent period of 3 months beginning with the date of the review under that subsection. 3 A fitness to practise panel may review an interim prohibition order at any time if new evidence becomes available which is relevant to the case. 4 Following a review, the panel may set aside an interim prohibition order. Appeals 170 1 Regulations under section 165 must provide for a right of appeal to the tribunal against— a a prohibition order; b a decision not to set aside a prohibition order on a review; c a decision not to set aside an interim prohibition order on a review. 2 Regulations under this section may include provision as to— a the period within which an appeal may be made; b the grounds on which an appeal may be made; c the procedure for making an appeal; d the powers of the tribunal on appeal. Offences 171 1 It is an offence for a person to fail to comply with— a a prohibition order, or b an interim prohibition order. 2 A person who commits an offence under subsection (1) is liable on summary conviction to a fine. 3 The Welsh Ministers may by regulations create summary offences relating to the employment or appointment of a person to do anything that the person is prohibited from doing by— a a prohibition order, or b an interim prohibition order. 4 Regulations creating an offence may not provide for the offence to be punishable otherwise than by a fine (whether an unlimited fine or a fine not exceeding a specified level on the standard scale). Supplementary provision List of prohibited persons 172 1 SCW must establish and maintain a list of persons in respect of whom a prohibition order or an interim prohibition order is in effect. 2 The Welsh Ministers may by regulations make provision about— a the form and content of the list; b whether or not the list, or specified information from the list, is to be published; c making the list available— i to persons of a specified description, or ii for public inspection. Standards of conduct 173 1 The Welsh Ministers may by regulations require SCW to determine the standards of conduct expected of a person carrying out a regulated activity. 2 SCW— a must keep the standards under review, and b may alter or replace the standards. 3 SCW must publish— a the standards, and b if the standards are altered or replaced, the altered or replaced standards. 4 SCW must by rules make provision about the procedure to be followed in determining the standards. 5 Rules made under subsection (4) may, in particular— a make provision about the criteria by reference to which the standards are to be determined; b make provision about the arrangements for keeping the standards under review. PART 8 SOCIAL CARE WALES: DUTY TO ESTABLISH PANELS ETC. Duty to establish panels etc. 174 1 SCW must by rules make provision for there to be— a panels to make determinations under Part 4 in relation to initial registration in, remaining on and being restored to, the register (“registration appeals panels”), b panels to make determinations in relation to the fitness of persons registered in the register to practise as social care workers (“fitness to practise panels”), and c panels to suspend, or attach conditions to, a person's registration in the register pending a determination by panels of the kind mentioned in paragraph (a) or (b) (“interim orders panels”). 2 A panel established by virtue of subsection (1) must have at least 3 members, including a member appointed to chair the panel. 3 The members must be individuals. 4 A panel's membership must comprise a majority of persons who are not, and have never been, registered in any part of the register. 5 The following persons may not be members of a panel— a a person who is a member or a member of staff of— i SCW, ii Social Work England , iii the Scottish Social Services Council, or iv the Northern Ireland Social Care Council; b a prescribed person. 6 SCW must by rules make provision about— a the appointment of persons as panel members (including, subject to subsection (2), the number of persons who may or must be appointed); b the quorum for exercising functions of panels; c the term of office of a person as a member or to chair a panel; d the grounds on which a member may be suspended or removed. 7 SCW must also by rules make provision for— a the declaration and registration of private interests of the members of panels; b the publication of entries recorded in the register of members' interests. 8 SCW may by rules make other provision about the constitution and operation of panels; but any rules are subject to regulations made under section 175 (regulations about panel proceedings). 9 In particular, rules under subsection (8) may provide for— a the appointment of legal or other advisers; b the appointment of assessors or examiners; c categories of person who may be appointed to chair panels; d fees, expenses or other payments to be made by SCW to any panel member. Proceedings before panels 175 1 The Welsh Ministers may by regulations make such provision as they think appropriate for and in connection with proceedings brought under this Act before— a registration appeals panels; b interim orders panels; c fitness to practise panels. 2 The regulations may authorise or require SCW to make rules about any matter relating to such proceedings. 3 Regulations under this section may not require a person to give evidence or produce a document or other material evidence which the person could not be compelled to give or produce in civil proceedings in a court in England and Wales. 4 The standard of proof applicable to the proceedings mentioned in subsection (1) is that applicable to civil proceedings. PART 9 CO-OPERATION AND JOINT WORKING BY THE REGULATORY BODIES ETC. The regulatory bodies 176 In this Part— a the regulatory bodies are— i the Welsh Ministers, and ii SCW; b “ relevant functions ” means— i in relation to the Welsh Ministers, their regulatory functions; ii in relation to SCW, its functions under this Act; c “ general objectives ” means— i in relation to the Welsh Ministers, the objectives mentioned in section 4; ii in relation to SCW, the objective mentioned in section 68(1). Relevant authorities 177 1 In this Part the relevant authorities are— a Her Majesty's Chief Inspector for Education and Training in Wales, b the Education Workforce Council, c each local authority, d each Local Health Board, e an NHS Trust, f a Welsh fire and rescue authority, g . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . h such other person as may be prescribed. 2 In subsection (1)— a “ NHS Trust ” means a National Health Service Trust constituted under the National Health Service (Wales) Act 2006 (c.42); b “ Welsh fire and rescue authority ” means an authority in Wales constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 (c.21) or a scheme to which section 4 of that Act applies; c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Co-operation in the exercise of functions 178 1 The regulatory bodies must co-operate with each other in the exercise of their relevant functions if they think that such co-operation— a will have a positive effect on the manner in which those functions are exercised, or b will assist them in achieving their general objectives. 2 A regulatory body must, in the exercise of its relevant functions, seek to co-operate with a relevant authority if the regulatory body thinks such co-operation— a will have a positive effect on the manner in which the body exercises its functions, or b will assist the body in achieving its general objectives. 3 Where a regulatory body requests the co-operation of a relevant authority under subsection (2) the authority must comply with the request unless the authority— a is prevented from co-operating in the manner requested by any enactment or other rule of law, b thinks that such co-operation would otherwise be incompatible with its own functions, or c thinks that such co-operation would have an adverse effect on its functions. 4 If a relevant authority requests the co-operation of a regulatory body, the body must comply with that request unless the body— a is prevented from co-operating in the manner requested by any enactment (including this Act) or other rule of law, b thinks that such co-operation would otherwise be incompatible with the regulatory body's own functions, or c thinks that such co-operation would have an adverse effect— i on the body's functions, or ii on achieving the body's general objectives. Joint exercise of functions 179 1 One regulatory body (“A”) may arrange with the other regulatory body (“B”) for A and B to act together in exercising jointly one or more relevant functions of A with one or more relevant functions of B. 2 A regulatory body may enter into an arrangement under this section only if it thinks that the arrangement— a will have a positive effect on the manner in which the body exercises the function, or b will assist the body in achieving its general objectives. 3 Arrangements under this section may— a include the establishment of a joint committee to exercise the relevant joint functions on behalf of the regulatory bodies, and b be on such other terms and conditions (including terms as to payment) as may be agreed between the regulatory bodies. Delegating functions to another regulatory body 180 1 A regulatory body may delegate any of its relevant functions to the other regulatory body if they agree that such a delegation— a will have a positive effect on the manner in which the function is to be exercised, or b will assist the delegating body in achieving its general objectives. 2 But a function must not be delegated to the other regulatory body if the other body thinks that such a delegation may be detrimental to— a the manner in which the other body exercises its functions, or b the achievement of the other body's general objectives. 3 Despite subsection (1), SCW may not delegate— a its rule-making functions, or b its functions relating to fitness to practise proceedings. 4 A delegation under subsection (1) may be on such terms and conditions (including terms as to payment) as may be agreed between the regulatory bodies. 5 A function may be delegated under subsection (1) wholly or to any lesser extent as may be agreed by the regulatory bodies. 6 A delegation under subsection (1) does not affect— a any liability or responsibility of the body delegating the function for its exercise, nor b the ability of that body to exercise that function or make other arrangements in relation to it. Sharing information 181 1 A regulatory body may provide information to another regulatory body or relevant authority in pursuance of an arrangement made under this Part to co-operate, jointly exercise functions or delegate functions. 2 Information must not be provided under subsection (1) to a regulatory body or relevant authority if the person holding the information is prohibited from providing it by any enactment or other rule of law. 3 In the case of information relating to an individual, the information may be provided to a regulatory body or relevant authority only if— a the information is provided in a form which does not identify the individual, or b the person holding the information obtains the individual's consent to provide it. 4 For the purposes of subsection (3)(a), information is to be treated as being in a form which identifies an individual if the individual can be identified from a combination of— a the information, and b other information provided to a regulatory body or relevant authority by the same regulatory body. 5 Information provided in pursuance of an arrangement under this Part must be used by the person to whom it is provided only for the purposes of co-operating, jointly exercising functions or exercising delegated functions in pursuance of the arrangement. 6 This section does not affect the duty of the regulatory bodies to disclose information for the purposes of protecting the well-being of an individual. Sharing information to protect well-being 182 1 A regulatory body must disclose information it has obtained in the exercise of its relevant functions to any other person if it thinks that such disclosure is necessary or expedient to protect the well-being of an individual in Wales. 2 But information must not be disclosed under subsection (1) if disclosure of the information is prohibited by any enactment or other rule of law. 3 In the case of information identifying an individual, it may be disclosed in a manner which identifies the individual only if the regulatory body thinks such identification is necessary to protect the well-being of any individual. 4 For the purposes of subsection (3), information is to be treated as being in a form which identifies an individual if the individual can be identified from a combination of— a the information, and b other information disclosed by the regulatory body to the other person referred to in subsection (1). PART 10 MISCELLANEOUS AND GENERAL Inquiries 183 1 The Welsh Ministers may cause an inquiry to be held into any matter connected with the provision of care and support. 2 Before an inquiry begins, the Welsh Ministers may direct that it is to be held in private. 3 If no direction is given, the person holding the inquiry may decide to hold it, or any part of it, in private. 4 Subsections (2) to (5) of section 250 of the Local Government Act 1972 (c.70) (powers in relation to local inquiries) apply in relation to an inquiry under this section as they apply in relation to a local inquiry under that section. 5 The report of the person holding the inquiry must be published unless the Welsh Ministers think there are exceptional circumstances for not publishing it (or any part of it). Service of documents etc. 184 1 This section applies where a provision of this Act or of regulations or rules made under it requires (in whatever terms) the Welsh Ministers, SCW or the registrar— a to notify a person of something, or b to give a notice or other document to a person (including a copy of a document or a revised document). 2 The notification or document may be given to the person in question— a by being hand delivered to the person; b by leaving it at the person's proper address; c by being sent by recorded delivery service— i to the person's proper address, or ii where the person in question is a service provider, to the address of a place at or from which the provider provides a regulated service; d if subsection (3) applies, by sending it electronically to an address provided for that purpose. 3 This subsection applies if the person to whom the notification or document is to be given has agreed to receive it electronically. 4 For the purposes of subsection (2)(a), notification or a document given to a body corporate may be hand delivered by being given to the secretary or clerk of that body. 5 For the purposes of subsection (2)(b), where a notification or document is left at a person's proper address it is to be treated as having been given at the time at which it was left at that address. 6 In subsection (2)(c), “ recorded delivery service ” means— a a registered items service as defined in section 32(4) of the Postal Services Act 2011 (c.5), or b any other postal service which provides for delivery to be recorded. 7 For the purposes of subsection (2), a person's proper address is— a in the case of a body corporate, the address of the registered or principal office of the body; b in the case of a partnership, the address of the principal office of the partnership; c in the case of a local authority, the address of the office of the authority's director of social services; d in any other case, the person's last known address. 8 Where a notification or document is given as mentioned in subsection (2)(c) or (d) it is to be taken to have been received 48 hours after it is sent unless the contrary is shown. 9 See section 2 for the meaning of “regulated service”, section 3 for the meaning of “service provider” and section 81 for the meaning of “registrar”. PART 11 FINAL PROVISIONS Minor and consequential amendments 185 Schedule 3 makes minor and consequential amendments. Power to make consequential etc. provision 186 1 The Welsh Ministers may by regulations make such consequential, incidental, transitional, transitory or saving provision as they think appropriate for the purposes of or in connection with this Act. 2 Regulations under this section may amend, revoke or repeal any enactment contained in, or made under, primary legislation. 3 The power to make regulations under this section is exercisable by statutory instrument. 4 A statutory instrument containing regulations under this section which amend or repeal an enactment contained in primary legislation may not be made unless a draft of the instrument has been laid before and approved by resolution of Senedd Cymru . 5 A statutory instrument containing regulations under this section to which subsection (4) does not apply is subject to annulment in pursuance of a resolution of Senedd Cymru . 6 In this section, “ primary legislation ” means— a an Act of Parliament; b an Act or Measure of Senedd Cymru (including this Act). Regulations under this Act 187 1 A power to make regulations under this Act— a is exercisable by statutory instrument; b includes power to make different provision for different purposes, for different cases and for different areas. 2 A statutory instrument containing regulations made under any of the following provisions of this Act may not be made unless a draft of the instrument containing the regulations has been laid before and approved by resolution of Senedd Cymru — a section 2(1)(i) (regulations specifying other care and support services as regulated services); b section 2(3) (regulations prescribing things not to be treated as regulated services); c section 3(3) (regulations prescribing things not to be treated as care and support); d section 9(9) (regulations varying the evidence to be taken into account when determining whether a person is fit and proper); e section 11(2) (regulations prescribing a time limit within which an application to designate a replacement responsible individual must be made); f section 27(1) (regulations imposing requirements on service providers); g section 28(1) (regulations imposing requirements on responsible individuals); h section 37(1) (regulations about inspection ratings); i section 40(1) (regulations about charging fees); j section 45 (regulations creating offences for failure to comply with requirements imposed on service providers); k section 46 (regulations creating offences for failure to comply with requirements imposed on responsible individuals); l sections 59(1) and (4) and 61(6) and (9) (regulations about the market oversight regime); m section 79(2) (regulations prescribing descriptions of persons to be treated as social care workers); n section 80(1)(b) (regulations prescribing descriptions of social care worker in respect of whom SCW must keep a register); o section 111(2) (regulations prescribing protected titles for social care workers other than social workers); p section 117 (amending the grounds on which a registered person's fitness to practise may be regarded as impaired); q section 130 (arrangements for mediation); r section 136(2)(d) (persons to whom undertakings may be disclosed by SCW); s section 142 (amending the ways in which a fitness to practise panel may dispose of matters); t section 165 (designation of regulated activities etc. for the purposes of prohibition orders under Part 7); u section 171(3) (creation of offences in relation to employment or appointment of persons subject to prohibition orders etc.); v section 177(1)(h) (regulations prescribing other persons as relevant authorities for the purposes of Part 9); w paragraph 7 of Schedule 1 (regulations specifying certain services as regulated advocacy services). 3 Any other statutory instrument containing regulations made under this Act is subject to annulment in pursuance of a resolution of Senedd Cymru . 4 This section does not apply to regulations made under section 186. Coming into force 188 1 The provisions of this Act (except this section and sections 186, 187, 189 and 190) come into force on a day appointed by the Welsh Ministers in an order made by statutory instrument. 2 This section and sections 186, 187, 189 and 190 come into force on the day after the day on which this Act receives Royal Assent. 3 An order under this section may— a appoint different days for different purposes or areas; b include such transitory, transitional or saving provision as the Welsh Ministers think appropriate. General interpretation 189 In this Act— “ caution ” (“ rhybuddiad ”), in relation to an offence, means— a conditional caution given under section 22 of the Criminal Justice Act 2003 (c.44) (conditional cautions for adults) or under section 66A of the Crime and Disorder Act 1998 (c.37) (conditional cautions for children and young persons); any other caution given to a person in England and Wales in respect of an offence which, at the time the caution is given, that person has admitted; anything corresponding to a caution falling within paragraph (a) or (b) (however described) which— is given to a person in respect of an offence committed outside England and Wales which, if committed in England and Wales, would constitute a criminal offence, and is not an alternative to prosecution (within the meaning of section 8AA of the Rehabilitation of Offenders Act 1974 (c.53)); “ financial year ” (“ blwyddyn ariannol ”) means the period of one year beginning on 1 April and ending on 31 March; “ local authority ” (“ awdurdod lleol ”) means the council of a county or county borough in Wales; “ Local Health Board ” (“ Bwrdd Iechyd Lleol ”) means a Local Health Board established under section 11 of the National Health Service (Wales) Act 2006; “ prescribed ” (“ a ragnodir” and “rhagnodedig ”) means prescribed by regulations made by the Welsh Ministers; “ SCW ” (“ GCC ”) has the meaning given by section 67; “ the tribunal ” (“ y tribiwnlys ”) means the First-tier tribunal; “ well-being ” (“ llesiant ”) has the same meaning as in section 2 of the 2014 Act; “ the 2014 Act ” (“ Deddf 2014 ”) means the Social Services and Well-Being (Wales) Act 2014 (anaw 4). Short title 190 The short title of this Act is the Regulation and Inspection of Social Care (Wales) Act 2016. SCHEDULE 1 REGULATED SERVICES: DEFINITIONS (as introduced by section 2(2)) Care home services 1 1 A “care home service” is the provision of accommodation, together with nursing or care , in Wales ... to persons because of their vulnerability or need. 2 But accommodation together with nursing or care provided at the following places does not constitute a care home service— a a hospital; b a school (but see sub-paragraph (3)); c a residential family centre; d a place providing a secure accommodation service; e a place providing accommodation for an adult arranged as part of an adult placement service. 3 Accommodation together with nursing or care provided at a school does constitute a care home service if, at the time accommodation is provided for children at the school— a accommodation has been provided at the school or under arrangements made by the school's proprietor for at least one child for more than 295 days in any period of 12 months falling within the previous 24 months, or b such accommodation is intended to be provided for at least one child for more than 295 days in any period of 12 months falling within the following 24 months. 4 The provision of accommodation and care to a child does not constitute a care home service if the accommodation and care is provided by— a a person, other than a local authority, who has parental responsibility for the child; b a relative of the child; c a foster parent in relation to the child (but see also paragraph 5A(3) of Schedule 7 to the Children Act 1989 (c. 41) . 5 In sub-paragraph (2)(b), “ school ” has the meaning given by section 4 of the Education Act 1996 (c.56). 6 In sub-paragraph (4), “parental responsibility has the meaning given by section 3 of the Children Act 1989 (c. 41) . 7 For the purposes of sub-paragraph (4) a person is a foster parent in relation to a child if the person— a is a local authority foster parent, or b fosters the child privately. Secure accommodation services 2 A “secure accommodation service” is the provision of accommodation for the purpose of restricting the liberty of children at residential premises in Wales where care and support is provided to those children. Residential family centre services 3 1 A “residential family centre service” is the provision of accommodation for children and their parents at a place in Wales where— a the parents' capacity to respond to the children's needs and to safeguard their well-being is monitored or assessed, and b the parents are given such care and support as is thought necessary. 2 In sub-paragraph (1), “ parent ” in relation to a child, means any person who is looking after the child. Adoption services 4 An “adoption service” is a service provided in Wales by— a an adoption society within the meaning of the Adoption and Children Act 2002 (c.38) which is a voluntary organisation within the meaning of that Act (but see section 2(4) of the Adoption and Children Act 2002 (c. 38) (no application for registration to be made under Part 1 of this Act if an adoption society is an unincorporated body)) , or b an adoption support agency within the meaning given by section 8 of that Act. Fostering services 5 A “ fostering service ” means any service provided in Wales by a person other than a local authority which consists of or includes— a the placement of children with local authority foster parents, or b exercising functions in connection with such placement. Adult placement services 6 1 An “ adult placement service ” means a service carried on (whether or not for profit) by a local authority or other person for the purposes of placing adults with an individual in Wales under a carer agreement (and includes any arrangements for the recruitment, training and supervision of such individuals). 2 In sub-paragraph (1) “ carer agreement ” means an agreement for the provision by an individual of accommodation at the individual's home together with care and support for up to three adults. Advocacy services 7 1 An “advocacy service” is a service specified for the purposes of this paragraph by regulations made by the Welsh Ministers. 2 A service may be specified as an advocacy service only if, and to the extent that, the following requirements are satisfied in relation to the service. 3 The first requirement is that the service is a service which is carried on (whether or not for profit) for the purpose of representing the views of individuals, or assisting individuals to represent those views, in respect of matters relating to those individuals' needs for care and support (including matters relating to assessing whether those needs exist). 4 The second requirement is that the service is not carried on by a person, in the course of a legal activity (within the meaning of the Legal Services Act 2007 (c.29)), who is— a an authorised person for the purposes of that Act, or b a person for whom one of the following provisions has effect so as to allow that person to continue to practise as a lawyer in England and Wales and Northern Ireland, or Scotland, on or after IP completion day— i regulation 5 (transitional provision: the 1978 Order and Switzerland) of the Services of Lawyers and Lawyer’s Practice (Revocation etc.) (EU Exit) Regulations 2020 (“the 2020 Regulations”); ii regulation 5 (transitional provision: the European Communities (Services of Lawyers) Order 1978 and Switzerland) of the Services of Lawyers and Lawyer’s Practice (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (“the 2019 Regulations”); iii regulation 6 (transitional provision: the 2000 Regulations and Swiss lawyers) of the 2020 Regulations; iv regulation 7 (transitional provision: the European Communities (Lawyer’s Practice) (Scotland) Regulations 2000 and Swiss lawyers) of the 2019 Regulations. 5 Before making regulations under sub-paragraph (1) the Welsh Ministers must consult any persons they think appropriate. 6 But the requirement to consult does not apply to regulations which— a amend other regulations made under that sub-paragraph, and b do not, in the opinion of the Welsh Ministers, effect any substantial change in the provision made by the regulations to be amended. Domiciliary support services 8 1 A “domiciliary support service” is the provision of care and support to a person who by reason of vulnerability or need (other than vulnerability or need arising only because the person is of a young age) is unable to provide it for him or herself and is provided at the place in Wales where the person lives (including making arrangements for or providing services in connection with such provision). 2 But the provision of care and support does not constitute a domiciliary support service if— a it is provided by an individual without the involvement of an undertaking acting as an employment agency or employment business (within the meaning given to those expressions by section 13 of the Employment Agencies Act 1973 (c.35)), and who works wholly under the direction and control of the person receiving the care and support, or b it is provided— i at a place where a care home service, secure accommodation service, residential family centre service or accommodation arranged as part of an adult placement service is provided, or ii at a hospital. 3 A person who introduces individuals who provide a domiciliary support service to individuals who may wish to receive it but has no ongoing role in the direction or control of the care and support provided is not to be treated as providing a domiciliary support service (regardless of whether or not the introduction is for profit). Interpretation 9 In this Schedule— “ hospital ” (“ ysbyty ”) means— a health service hospital within the meaning given by the National Health Service (Wales) Act 2006 (c.42), an independent hospital within the meaning given by the Care Standards Act 2000 (c.14), and an independent clinic within the meaning given by the Care Standards Act 2000; “ local authority foster parent ” (“ rhiant maeth awdurdod lleol ”) has the meaning given by the 2014 Act. SCHEDULE 2 SOCIAL CARE WALES (as introduced by section 67(4)) PART 1 STATUS Status 1 1 SCW is not to be regarded as a servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown. 2 SCW's property is not to be regarded as property of, or property held on behalf of, the Crown. PART 2 MEMBERSHIP Members 2 1 SCW is to consist of— a a member to chair SCW (“the chairing member”), and b not more than 14 other members. 2 SCW's members are to be appointed by the Welsh Ministers. 3 A person who is a member of SCW's staff may not be appointed or hold office as a member of SCW. 4 SCW's members are to hold office on such terms and conditions as the Welsh Ministers may determine; but this is subject to the other provisions of this Schedule. 5 Before making an appointment under this paragraph the Welsh Ministers must consult such persons as they think appropriate. 6 In exercising their functions under this paragraph the Welsh Ministers must have regard to the desirability of appointing a varied membership which comprises a majority of persons who are not, and have not been, social care workers or representatives of social care workers. Remuneration etc. of members 3 1 SCW may pay to its members such remuneration, expenses and allowances as the Welsh Ministers may determine. 2 SCW is to pay, or make provision for the payment, of such pension, allowance or gratuities as the Welsh Ministers may determine to or in respect of a person who is or has been a member of SCW. 3 If the Welsh Ministers determine that there are special circumstances which make it right for a person ceasing to hold office as the chairing member of SCW to receive compensation, SCW must pay the person or make provision for the payment to the person of such compensation as the Welsh Ministers may determine. Term of office 4 A person appointed as a member of SCW holds office for such period as the Welsh Ministers may determine when making the appointment; but that period may not exceed 4 years. Resignation 5 1 The chairing member may resign by giving written notice to the Welsh Ministers. 2 Resignation may be either— a as chairing member, or b as both chairing member and member. 3 A member of SCW who is not the chairing member may resign by giving written notice to the Welsh Ministers. Dismissal 6 1 The Welsh Ministers may by written notice dismiss the chairing member if satisfied that he or she— a is unfit to continue as chairing member, or b is unable or unwilling to act as chairing member. 2 Dismissal may be either— a as chairing member, or b as both chairing member and member. 3 The Welsh Ministers may by written notice dismiss a member of SCW who is not the chairing member if satisfied that he or she— a is unfit to continue as a member, or b is unable or unwilling to act as a member. PART 3 GENERAL POWERS Committees 7 1 SCW may establish committees. 2 Committees established under sub-paragraph (1) may establish sub-committees. 3 A committee or sub-committee established under this paragraph may include, or be comprised entirely of, persons who are not members of SCW. 4 SCW may pay remuneration, expenses and allowances to any person who— a is a member of a committee or sub-committee established under this paragraph, and b is not a member of SCW, or a member of its staff. Delegation 8 1 SCW may arrange for any of its functions to be exercised by any of its— a committees, b sub-committees, c members, or d staff. 2 Sub-paragraph (1) does not affect SCW's responsibility for exercise of delegated functions or affect its ability to exercise delegated functions. Supplementary powers 9 SCW may do anything which is calculated to facilitate, or which is conducive or incidental to, the exercise of its functions. PART 4 PROCEEDINGS ETC. Procedure 10 1 SCW is to regulate its own procedure (including quorum); but this is subject to the other provisions of this Act and any regulations made under it. 2 SCW is to regulate the procedure (including quorum) of its— a committees, and b sub-committees. Application of seal 11 1 SCW may have a seal. 2 The application of the seal must be authenticated by the signature of— a any member of SCW, or b any other person authorised by SCW for that purpose. Evidence 12 A document purporting to be duly executed under the seal of SCW or to be signed on its behalf is to be received in evidence and, unless the contrary is proved, taken to be so executed or signed. PART 5 CHIEF EXECUTIVE AND OTHER STAFF Chief executive and other staff 13 1 SCW must appoint a chief executive. 2 SCW may appoint such other staff as it thinks appropriate; but this is subject to section 81 (duty of SCW to appoint a registrar). 3 A person appointed as chief executive is employed on such terms and conditions as SCW may determine; but the appointment (including any terms and conditions of appointment) requires the approval of the Welsh Ministers. 4 Any other staff appointed under this paragraph are employed on such terms and conditions as SCW may determine; but SCW must consult the Welsh Ministers before determining any terms and conditions about the levels of remuneration, pensions, allowances and expenses payable to, or in respect of, such staff. PART 6 FINANCIAL MATTERS AND ANNUAL REPORTS ETC. Payments by the Welsh Ministers 14 The Welsh Ministers may make payments to SCW of such amounts, and at such times and on such conditions (if any), as the Welsh Ministers think appropriate. Accounting officer 15 1 The chief executive is to act as SCW's accounting officer. 2 The accounting officer has, in relation to SCW's accounts and finances, the responsibilities specified in a direction by the Welsh Ministers. 3 The responsibilities that may be specified include— a responsibilities in relation to the signing of accounts; b responsibilities for the propriety and regularity of SCW's finances; c responsibilities for the economy, efficiency and effectiveness with which SCW uses its resources; d responsibilities owed to the Welsh Ministers, Senedd Cymru or the Public Accounts Committee of Senedd Cymru ; e responsibilities owed to the House of Commons or the Committee of Public Accounts of that House. Accounts and audit 16 1 SCW must for each financial year— a keep proper accounts and proper records in relation to them, and b prepare a statement of accounts. 2 Each statement of accounts must comply with any directions given by the Welsh Ministers as to— a the information to be contained in it, b the manner in which the information is to be presented, and c the methods and principles according to which the statement is to be prepared. 3 No later than 31 August after the end of each financial year SCW must submit its statement of accounts to— a the Welsh Ministers, and b the Auditor General for Wales. 4 The Auditor General for Wales must— a examine, certify and report on the statement of accounts, and b no later than 4 months after the statement was submitted, lay before Senedd Cymru a copy of the certified statement and report. Annual reports etc. 17 1 No later than 30 November after the end of each financial year SCW must publish a report on the exercise of its functions during that year (an “annual report”). 2 As soon as possible after an annual report is published SCW must send a copy of it to the Welsh Ministers. 3 SCW must provide the Welsh Ministers with such other reports and information relating to the exercise of its functions as they may from time to time require. SCHEDULE 3 MINOR AND CONSEQUENTIAL AMENDMENTS (as introduced by section 185) PART 1 REGULATION OF SERVICES Care Standards Act 2000 1 The Care Standards Act 2000 (c.14) is amended as follows. 2 In section 1— a in subsection (1), at the end insert “ as it applies in relation to England ” ; b in subsection (2), after “establishment” insert “ in England ” ; c subsection (4) is repealed; d in subsection (4A), the words “in England” are repealed; e the section heading becomes “ Children's homes in England ” . 3 In section 3— a in subsection (1), after “establishment” insert “ in England ” ; b subsection (3) is repealed; c in subsection (4), the words “in England” are repealed; d the section heading becomes “ Care homes in England ” . 4 In section 4— a in subsection (2), after “establishment” insert “ in England ” ; b in subsection (3), after “persons” insert “ in England ” ; c in subsection (4)— i in paragraph (a), after “authorities” insert “ in England ” ; ii in paragraph (b), after “organisation” insert “ in England ” ; d subsection (5) is repealed; e in subsection (7), at the end insert “ whose principal office is in England ” ; f in subsection (7A), for “has” substitute “ means an undertaking in England which is an adoption support agency within ” ; g in subsection (8)(a)— i in sub-paragraph (i), at the end insert “ in England ” ; ii in sub-paragraph (ii), after “home” insert “ in England ” ; iii sub-paragraph (vi) is repealed; iv in sub-paragraph (vii), at the end insert “ in England ” ; h in subsection (9)(a), sub-paragraphs (ii) and (iii) are repealed; i in subsection (10), after “services” where it first occurs insert “ in England ” . 5 In section 5— a in subsection (1)(b), for “in any other case” substitute “in the case of establishments and agencies mentioned in subsection (1B)” b in subsection (1A), after “agencies” insert “ mentioned in subsection (1)(a) ” ; c after subsection (1A), insert— 1B The establishments mentioned in subsection (1)(b) are— a independent hospitals in Wales; b independent clinics in Wales; c independent medical agencies in Wales. d subsection (2) is repealed. 6 In section 8(6)— a in paragraph (a), for “section 5(b)” substitute “ section 5(1)(b) ” ; b in paragraph (b) for sub-paragraphs (i) and (ii) substitute by the Care Quality Commission— i under Chapters 2 and 3 of Part 1 of the Health and Social Care Act 2008 in relation to health care in England, or ii under the Mental Health Act 1983 in relation to England. 7 In section 14(2), after paragraph (f) insert— g an offence under Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016. 8 In section 22— a in subsection (1), for paragraph (b) substitute— b regulations made by the Welsh Ministers— i may make provision only in relation to establishments for which the Welsh Ministers are the registration authority, and ii may in particular make any provision such as is mentioned in subsection (2), (7) or (8) in so far as relevant to those establishments. ; b subsections (3) and (4) are repealed. 9 In section 22B— a in subsection (1), for “registration authority” substitute “ CIECSS ” ; b in subsection (3)(c), for “registration authority's” substitute “CIECSS's”; c in subsection (4)(b), for “registration authority” substitute “ CIECSS ” ; d in subsection (5)(a), for “registration authority” substitute “ CIECSS ” ; e in subsection (6), for “registration authority” substitute “ CIECSS ” ; f in subsection (8)— i in paragraph (a), at the end insert “ in England ” ; ii in paragraph (b), at the end insert “ in England ” . 10 In section 23, after subsection (1) insert— 1ZA But the Welsh Ministers may prepare and publish such a statement only in relation to establishments for which the Welsh Ministers are the registration authority. 11 In section 30A— a in subsection (1), after “agency” insert “ in England ” ; b in subsection (2), for “registration authority” substitute “ CIECSS ” ; c in subsection (3), for “registration authority” substitute “ CIECSS ” ; d in subsection (7), in the definition of “prescribed”, paragraph (b) is repealed. 12 Section 36A is repealed. 13 In section 42— a for subsection (2) substitute— 2 This subsection applies to persons who provide services which are similar to services which may or must be provided by Welsh NHS bodies. ; b in subsection (7), the definition of “Welsh local authorities” is repealed. 14 In section 43, after subsection (1) insert— 1A “ Local authority ” means a local authority in England. 15 In section 50(1), for “registration authority” substitute “ CIECSS ” . 16 Section 79(3) is repealed. Health and Social Care (Community Health and Standards) Act 2003 17 The Health and Social Care (Community Health and Standards) Act 2003 (c.43) is amended as follows. 18 Chapter 6 of Part 2 (social services: functions of the National Assembly for Wales) is repealed. 19 In section 142, in paragraph (a)— a in sub-paragraph (i), omit “and 6”; b in sub-paragraph (ii), for “section 5(b)” substitute “ section 5(1)(b) ” . 20 In section 143(2), paragraph (b) is repealed. Public Audit (Wales) Act 2004 21 The Public Audit (Wales) Act 2004 (c.23) is amended as follows. 22 In section 41(6) (co-operation between the Auditor General for Wales and the Welsh Ministers in studies for improving economy etc. in services), for the words from “sections 94 and 95” to the end substitute “ sections 149A and 149B of the Social Services and Well-being (Wales) Act 2014 (reviews of studies and research and other reviews relating to local authority social services functions carried out by the Welsh Ministers). ” 23 In section 42(4) (co-operation between the Auditor General for Wales and the Welsh Ministers in studies about the impact of statutory provisions), for the words from “section 95(2)” to the end substitute “ sections 149A and 149B of the Social Services and Well-being (Wales) Act 2014 (reviews of studies and research and other reviews relating to local authority social services functions carried out by the Welsh Ministers). ” Children Act 2004 24 In section 30 of the Children Act 2004 (c.31) (inspection of functions under Part 3), for subsection (1) substitute— 1 The Welsh Ministers' functions under Part 8 of the Social Services and Well-being (Wales) Act 2014 (anaw 4) may be exercised as if anything done by a local authority in Wales in the exercise of functions to which this section applies was in the exercise of a social services function of the local authority (within the meaning of that Act). Public Services Ombudsman (Wales) Act 2005 25 The Public Services Ombudsman (Wales) Act 2005 (c.10) is amended as follows. 26 In section 34R (meaning of “ care home ” and “ care home provider ”)— a in subsection (2), for the words from “has” to the end substitute “ means premises at which a care home service, within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016, is provided wholly or mainly to persons aged 18 or over; ” b in subsection (3), for “carries on a care home” substitute “ is a service provider of a care home service within the meaning of Part 1 of that Act where the service is provided wholly or mainly to persons aged 18 or over ” ; c in subsection (5), for the words from “personal” to the end of paragraph (a) substitute “ care in a care home in Wales for an individual because of the individual's vulnerability or need, ” ; d after subsection (5), insert— 6 “ Care ” has the same meaning as in Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016. 27 In section 42(4A) (meaning of “former care home provider”), for the words from “personal” to the end of paragraph (a) substitute “ care of a particular description at a care home in Wales (see section 32R), ” . Safeguarding Vulnerable Groups Act 2006 28 In paragraph 1 of Schedule 4 to the Safeguarding Vulnerable Groups Act 2006 (c.47) (regulated activity relating to children), in sub-paragraph (9B)— a for sub-sub-paragraph (h) substitute— h an inspection in Wales under section 33 of the Regulation and Inspection of Social Care (Wales) Act 2016 (inspections of regulated care and support services) of a residential family centre service, a fostering service, or an adoption service (each of which has the meaning given in Schedule 1 to that Act); b for sub-sub-paragraph (j) substitute— j a review under section 149B of the Social Services and Well-being (Wales) Act 2014 (reviews of local authority social services functions in Wales); c in sub-sub-paragraph (k) for “or investigation under section 94” substitute “ under section 149B ” . Social Services and Well-being (Wales) Act 2014 29 The 2014 Act is amended as follows. 30 In section 1 (overview)— a in subsection (9)— i after paragraph (b) insert— ba requires local authorities to produce— i annual reports about the exercise of social services functions, and ii reports about the stability of local markets for providing care and support, (sections 144A and 144B); ii after paragraph (c) insert— ca provides powers for the Welsh Ministers to conduct reviews relating to the exercise of social services functions of local authorities (sections 149A and 149B); iii in paragraph (d), for “161).” substitute 160); da allows for the inspection of premises in connection with reviews of local authority social services functions conducted by the Welsh Ministers or the exercise of the Welsh Ministers' powers of intervention in relation to those functions, and for the Welsh Ministers to request information in connection with such reviews and makes related provision (sections 161 to 161C).”; ; b in subsection (15)(c), for “an establishment or agency (within the meaning of the Care Standards Act 2000)” substitute “ a service provider (within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016) ” . 31 Section 183 (publicising advocacy services in care homes) is repealed. 32 In section 188(1) (definitions for the purposes of sections 185 to 187), in the definition of “youth detention accommodation”, for paragraph (a) substitute— a a secure accommodation service (within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016); . 33 In section 189 (provider failure: temporary duty on local authority)— a for subsection (1) substitute— 1 This section applies where a service provider becomes unable to provide a regulated service because of business failure. ; b in subsection (2), for the words from “registered” to “agency” where it second occurs substitute “ service provider became unable to provide the regulated service, being met in the authority's area by the service provider ” ; c in subsection (5)(a), for “registered person became unable to carry on or manage the establishment or agency” substitute “ service provider became unable to provide the regulated service ” ; d in subsection (9)— i the definition of “registered person” is repealed; ii before the definition of “relevant carer” insert— “ regulated service ” (“ gwasanaeth rheoleiddiedig ”) has the same meaning as in Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016; iii at the end insert— “ service provider ” (“ darparwr gwasanaeth ”) has the same meaning as in Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016. 34 In section 190(1) (provider failure: exception to temporary duty), for “registered person became unable to carry on or manage the establishment or agency” substitute “ service provider became unable to provide the regulated service ” . 35 In section 191 (provider failure: supplementary)— a in subsection (6), for “registered person, or such other person involved in the establishment or agency's” substitute “service provider, or such other person involved in the service provider's”; b in subsection (7), for “carry on or manage an establishment or agency” substitute “ provide a regulated service ” . 36 In section 197(1) (definitions)— a for the definition of “care home”, substitute— “care home” (“ cartref gofal ”)— has the same meaning as in the Care Standards Act 2000 in respect of a care home in England; and means a place in Wales at which a care home service within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 is provided wholly or mainly to adults; ; b for the definition of “children’s home”, substitute— “children’s home” (“ cartref plant ”) means— a children’s home in England within the meaning of the Care Standards Act 2000 in respect of which a person is registered under Part 2 of that Act; and means premises in Wales at which a care home service within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 is provided wholly or mainly to children by a person registered under Part 1 of that Act; . PART 2 SOCIAL CARE WALES Mental Health Act 1983 37 The Mental Health Act 1983 (c.20) is amended as follows. 38 In section 114A (approval of courses for mental health professionals: Wales)— a in subsection (1), for “Care Council for Wales” substitute “ Social Care Wales ” ; b for subsection (2) substitute— 2 For that purpose— a subsections (2), (3), (4)(a) and (7) of section 114 of the Regulation and Inspection of Social Care (Wales) Act 2016 apply as they apply to approvals given, rules made and courses approved under that section, and b sections 73 to 75 and section 115 of that Act apply accordingly.”; c in subsection (4), for the words from “for” to the end substitute “ for the purposes of Parts 3 to 8 of the Regulation and Inspection of Social Care (Wales) Act 2016 ” ; d in subsection (5), for “Care Council for Wales” substitute “ Social Care Wales ” . 39 In section 130H(7)(b) (independent mental health advocates for Wales: supplementary powers and duties), for the words from “principal” to the end substitute “ social worker part or the visiting European social worker part of the register kept under section 80(1) of the Regulation and Inspection of Social Care (Wales) Act 2016. ” Care Standards Act 2000 40 The Care Standards Act 2000 (c.14) is amended as follows. 41 The following provisions are repealed— a sections 56 (the register) to 66 (visitors for certain social work courses); b sections 68 (appeals to the tribunal), 69 (publication etc. of register) and 71 (rules); c section 113 (default powers of appropriate Minister); d the entry for the Welsh Council in the table in section 121(13) (general interpretation etc.); e Schedule 1 (the Welsh Council). 42 In section 55 (interpretation)— a for subsections (4A), (2), (3) and (4) substitute— 2 “ Social care worker ” means a person (other than a person excepted by regulations) who— a engages in social work which is required in connection with any health, education or social services provided in England (referred to in this Part as a “ social worker ”), b is employed at a children's home in England, a care home in England or a residential family centre in England, c manages a home or centre of a kind mentioned in paragraph (b), d is employed for the purposes of a domiciliary care agency, a fostering agency, a voluntary adoption agency or an adoption support agency, in so far as the agency provides services to persons in England, e manages an agency of the kind mentioned in paragraph (d), or f is supplied by a domiciliary care agency to provide personal care in their own homes for persons in England who by reason of illness, infirmity or disability are unable to provide it for themselves without assistance. 3 Regulations may provide that persons of any of the following descriptions shall be treated as social care workers— a a person engaged in work for the purposes of a local authority in England's social services functions; b a person engaged in work in England comprising the provision of services similar to services which may or must be provided by a local authority in England in the exercise of its social services functions; c a person engaged in the provision of personal care for any person in England; d a person who is employed in an undertaking (other than an establishment or agency) which consists of or includes supplying, or providing services for the purpose of supplying, persons to provide personal care to persons in England; e a person who manages an undertaking of the kind mentioned in paragraph (d); f a person who is employed in connection with the discharge of the functions of the Secretary of State under section 80 of the 1989 Act (inspection of children's homes etc.); g a person who is employed as a member of staff of the Office for Standards in Education, Children's Services and Skills who inspects premises under— i section 87 of the 1989 Act (welfare of children accommodated in independent schools and colleges), ii section 31 of this Act (inspection of establishments and agencies by persons authorised by registration authority), or iii section 139 of the Education and Inspections Act 2006 (inspection by Chief Inspector); h a person who is employed as a member of staff of the Care Quality Commission who, under Part 1 of the Health and Social Care Act 2008, inspects premises used for or in connection with the provision of social care (within the meaning of that Part); i a person who manages employees mentioned in paragraph (g) or (h); j a person employed in a day centre in England; k a person participating in a course approved by the Health and Care Professions Council under article 15 of the Health and Social Work Professions Order 2001 for persons wishing to become social workers. , and b omit subsections (6), (7) and (8). 43 In section 67 (functions of the appropriate Minister)— a in subsection (1), for “appropriate Minister” substitute “ Secretary of State ” , b for subsection (2) substitute— 2 The Secretary of State shall encourage persons to take part in— a courses approved by the Health and Social Care Professions Council under article 15 or by virtue of article 19(4) of the Health and Social Care Work Professions Order 2001 for persons who are or wish to become social workers, and b other courses relevant to the training of persons who are or wish to become social care workers. ; c in subsection (3)— i for “appropriate Minister” at the first place it appears substitute “ Secretary of State ” , and ii for “appropriate Minister” at the second place it appears substitute “ Secretary of State ” ; d in subsection (4)— i for “appropriate Minister” at the first place it appears substitute “ Secretary of State ” , ii for “the Minister” substitute “ he or she ” , and iii in paragraph (a), omit “and Wales,”; e omit subsection (6); f in subsection (7)— i in paragraph (a), omit “or (6)(b)”, ii in paragraph (b), for “appropriate Minister” substitute “ Secretary of State ” , and iii in the words after paragraph (b), for “and, in respect of an authorisation given by the Assembly, references to a Minister included the Assembly; and in subsection (5)(b) and (6)(b)” substitute “ and in subsection (5)(b) ” ; g for the heading, substitute “ Functions of the Secretary of State ” . 44 In Schedule 2A (persons subject to review by the Children's Commissioner for Wales), in paragraph 14, for “The Care Council for Wales” substitute “ Social Care Wales ” . Adoption and Children Act 2002 45 The Adoption and Children Act 2002 (c.38) is amended as follows. 46 In section 10(2) (management etc. of agencies), for “section 56(1) of the Care Standards Act 2000 (c. 14)” substitute “ section 80 of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2) ” . Public Audit (Wales) Act 2004 47 The Public Audit (Wales) Act 2004 (c.23) is amended as follows. 48 In section 41 (studies for improving economy etc. in services), after subsection (6) insert— 7 Subsection (8) applies in respect of the discharge of social services functions by local authorities in Wales. 8 The Auditor General and the Social Care Wales must co-operate with each other with respect to the exercise of their respective functions under this section and section 70 of the Regulation and Inspection of Social Care (Wales) Act 2016 (studies by SCW as to economy etc.). 9 In subsection (7) “ social services functions ” has the same meaning as in the Social Services and Well-being (Wales) Act 2014. Public Services Ombudsman (Wales) Act 2005 49 The Public Services Ombudsman (Wales) Act 2005 (c.10) is amended as follows. 50 In Schedule 3 (listed authorities), for “The Care Council for Wales” substitute “ Social Care Wales ” . Commissioner for Older People (Wales) Act 2006 51 The Commissioner for Older People (Wales) Act 2006 (c.30) is amended as follows. 52 In Schedule 2 (persons whose functions are subject to review by the Commissioner), for “The Care Council for Wales” substitute “ Social Care Wales ” . Safeguarding Vulnerable Groups Act 2006 53 The Safeguarding Vulnerable Groups Act 2006 (c.47) is amended as follows. 54 In section 41 (registers: power to refer information to the Disclosure and Barring Service), in entry number 8 in the table in subsection (7)— a in column 1, for “under section 56 of the Care Standards Act 2000 (c. 14)” substitute “ under section 80 of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2) ” , and b in column 2, for “The Care Council for Wales” substitute “ the registrar appointed under section 81 of that Act ” . 55 In Part 3 of Schedule 3 (barred lists: supplementary provision)— a in paragraph 16(4)(l), for “the Care Council for Wales” substitute “ Social Care Wales ” , and b after paragraph 16(4) insert— 4A The reference in sub-paragraph (4) to “any of its committees” is, in respect of Social Care Wales, to be read as if it were a reference to “any panel established under Part 8 of the Regulation and Inspection of Social Care (Wales) Act 2016”. 56 In Part 2 of Schedule 4 (regulated activity in relation to vulnerable adults)— a at the beginning of paragraph 7(3C) insert “ In relation to a vulnerable adult in in England, ” , and b after paragraph 7(3C) insert— 3CA In relation to a vulnerable adult in Wales, relevant social work has the meaning given by section 79(4) of the Regulation and Inspection of Social Care (Wales) Act 2016, and social care worker means a person who is a social care worker by virtue of section 79(1)(a) of that Act. Health and Social Care Act 2008 57 The Health and Social Care Act 2008 (c.14) is amended as follows. 58 The following provisions are repealed— a section 124 (regulation of social care workers); b section 125 (standard of proof in proceedings relating to registration of social care workers); c section 126 (education and training of approved mental health professionals); d subsection (3)(b) (and the “or” immediately before it) of section 163 (orders and regulations: control by National Assembly for Wales); e subsection (4)(za) of section 171 (the appropriate authority by whom commencement order is made); f Schedule 9 (regulation of social care workers: Wales). PART 3 MISCELLANEOUS Public Services Ombudsman (Wales) Act 2005 59 In section 33 of the Public Services Ombudsman (Wales) Act 2005 (c.10) (publicity for complaints procedures), after subsection (7) insert— 8 This section applies to a care home provider (see section 34R), a domiciliary care provider (see section 34S) or an independent palliative care provider (see section 34T) as it applies to a listed authority. 9 But in its application in accordance with subsection (8), the reference to “relevant services” in subsection (2)(a)(i) is to be read as a reference to the matters to which Part 2A applies (see section 34A). Social Services and Well-being (Wales) Act 2014 60 The 2014 Act is amended as follows. 61 In the Welsh text of section 21(3)(b) (duty to assess the needs of a child for care and support), for “, rhieni'r plentyn neu unrhyw berson arall a chanddo gyfrifoldeb rhiant dros y plentyn” substitute “ neu unrhyw berson a chanddo gyfrifoldeb rhiant dros y plentyn ” . 62 In section 42 (duty to meet support needs of a child carer)— a in subsection (4)(a)(i), for “41(5)” substitute “ 43(5) ” ; b in subsection (4)(a)(ii), for “41(1)” substitute “ 43(1) ” ; c in subsection (4)(b)(i), for “41(5)” substitute “ 43(5) ” ; d in subsection (4)(b)(ii), for “41(3)” substitute “ 43(3) ” ; e in subsection (4)(c)(i), for “41(10)” substitute “ 43(10) ” ; f in subsection (4)(c)(ii), for “41(3)” substitute “ 43(3) ” . 63 In the Welsh text of section 46(3) (exception for persons subject to immigration control), for the words from “For” to “question” substitute “At ddibenion is-adran (1), mae adran 95(3) a (5) i (8) o Ddeddf 1999, a pharagraff 2 o Atodlen 8 iddi, yn gymwys ond mae'r cyfeiriadau yn adran 95(5) a (7) a'r paragraff hwnnw at yr Ysgrifennydd Gwladol i'w darllen fel cyfeiriadau at yr awdurdod lleol dan sylw”. 64 In the Welsh text of section 147(3) (departure from requirements in codes), after “gategori” insert “ penodol ” . 65 In section 197(1) (general interpretation), in the definition of “voluntary organisation”, for “private body” substitute “ local authority ” . Sch. 3 para. 61 in force at 6.4.2016 by S.I. 2016/467 , art. 3 Sch. 3 para. 62 in force at 6.4.2016 by S.I. 2016/467 , art. 3 Sch. 3 para. 63 in force at 6.4.2016 by S.I. 2016/467 , art. 3 Sch. 3 para. 64 in force at 6.4.2016 by S.I. 2016/467 , art. 3 Sch. 3 para. 65 in force at 6.4.2016 by S.I. 2016/467 , art. 3 Sch. 3 para. 59 in force at 6.4.2016 by S.I. 2016/467 , art. 2 S. 185 in force at 6.4.2016 for specified purposes by S.I. 2016/467 , arts. 2, 3 Sch. 3 para. 60 in force at 6.4.2016 by S.I. 2016/467 , art. 3 S. 67 in force at 11.7.2016 for specified purposes by S.I. 2016/713 , art. 2 S. 68 in force at 11.7.2016 for specified purposes by S.I. 2016/713 , art. 2 S. 73(1) (2) in force at 11.7.2016 for specified purposes by S.I. 2016/713 , art. 2 S. 75 in force at 11.7.2016 for specified purposes by S.I. 2016/713 , art. 2 S. 73(1) (2) in force at 3.4.2017 in so far as not already in force by S.I. 2017/309 , art. 2(b) (with arts. 3 , 4 , Sch. ) S. 67 in force at 3.4.2017 in so far as not already in force by S.I. 2017/309 , art. 2(b) (with arts. 3 , 4 , Sch. ) S. 185 in force at 3.4.2017 for specified purposes by S.I. 2017/309 , art. 2(j) (with arts. 3 , 4 , Sch. ) S. 68 in force at 3.4.2017 in so far as not already in force by S.I. 2017/309 , art. 2(b) (with arts. 3 , 4 , Sch. ) S. 75 in force at 3.4.2017 in so far as not already in force by S.I. 2017/309 , art. 2(b) (with arts. 3 , 4 , Sch. ) Sch. 3 para. 41 in force at 3.4.2017 by S.I. 2017/309 , art. 2(j) (with arts. 3 , 4 , Sch. ) Sch. 3 para. 42 in force at 3.4.2017 by S.I. 2017/309 , art. 2(j) (with arts. 3 , 4 , Sch. ) Sch. 3 para. 43 in force at 3.4.2017 by S.I. 2017/309 , art. 2(j) (with arts. 3 , 4 , Sch. ) Sch. 3 para. 44 in force at 3.4.2017 by S.I. 2017/309 , art. 2(j) (with arts. 3 , 4 , Sch. ) Sch. 3 para. 48 in force at 3.4.2017 by S.I. 2017/309 , art. 2(j) (with arts. 3 , 4 , Sch. ) Sch. 3 para. 50 in force at 3.4.2017 by S.I. 2017/309 , art. 2(j) (with arts. 3 , 4 , Sch. ) Sch. 3 para. 54 in force at 3.4.2017 by S.I. 2017/309 , art. 2(j) (with arts. 3 , 4 , Sch. ) Sch. 3 para. 55 in force at 3.4.2017 by S.I. 2017/309 , art. 2(j) (with arts. 3 , 4 , Sch. ) Sch. 3 para. 56 in force at 3.4.2017 by S.I. 2017/309 , art. 2(j) (with arts. 3 , 4 , Sch. ) Sch. 3 para. 38 in force at 3.4.2017 by S.I. 2017/309 , art. 2(j) (with arts. 3 , 4 , Sch. ) Sch. 3 para. 39 in force at 3.4.2017 by S.I. 2017/309 , art. 2(j) (with arts. 3 , 4 , Sch. ) Sch. 3 para. 46 in force at 3.4.2017 by S.I. 2017/309 , art. 2(j) (with arts. 3 , 4 , Sch. ) Sch. 3 para. 52 in force at 3.4.2017 by S.I. 2017/309 , art. 2(j) (with arts. 3 , 4 , Sch. ) Sch. 3 para. 58 in force at 3.4.2017 by S.I. 2017/309 , art. 2(j) (with arts. 3 , 4 , Sch. ) S. 65 in force at 3.4.2017 by S.I. 2017/309 , art. 2(a) (with arts. 3 , 4 , Sch. ) S. 66 in force at 3.4.2017 by S.I. 2017/309 , art. 2(a) (with arts. 3 , 4 , Sch. ) Sch. 2 para. 1 in force at 3.4.2017 by S.I. 2017/309 , art. 2(b) (with arts. 3 , 4 , Sch. ) Sch. 2 para. 2 in force at 3.4.2017 by S.I. 2017/309 , art. 2(b) (with arts. 3 , 4 , Sch. ) Sch. 2 para. 3 in force at 3.4.2017 by S.I. 2017/309 , art. 2(b) (with arts. 3 , 4 , Sch. ) Sch. 2 para. 4 in force at 3.4.2017 by S.I. 2017/309 , art. 2(b) (with arts. 3 , 4 , Sch. ) Sch. 2 para. 5 in force at 3.4.2017 by S.I. 2017/309 , art. 2(b) (with arts. 3 , 4 , Sch. ) Sch. 2 para. 6 in force at 3.4.2017 by S.I. 2017/309 , art. 2(b) (with arts. 3 , 4 , Sch. ) Sch. 2 para. 7 in force at 3.4.2017 by S.I. 2017/309 , art. 2(b) (with arts. 3 , 4 , Sch. ) Sch. 2 para. 8 in force at 3.4.2017 by S.I. 2017/309 , art. 2(b) (with arts. 3 , 4 , Sch. ) Sch. 2 para. 9 in force at 3.4.2017 by S.I. 2017/309 , art. 2(b) (with arts. 3 , 4 , Sch. ) Sch. 2 para. 10 in force at 3.4.2017 by S.I. 2017/309 , art. 2(b) (with arts. 3 , 4 , Sch. ) Sch. 2 para. 11 in force at 3.4.2017 by S.I. 2017/309 , art. 2(b) (with arts. 3 , 4 , Sch. ) Sch. 2 para. 12 in force at 3.4.2017 by S.I. 2017/309 , art. 2(b) (with arts. 3 , 4 , Sch. ) Sch. 2 para. 13 in force at 3.4.2017 by S.I. 2017/309 , art. 2(b) (with arts. 3 , 4 , Sch. ) Sch. 2 para. 14 in force at 3.4.2017 by S.I. 2017/309 , art. 2(b) (with arts. 3 , 4 , Sch. ) Sch. 2 para. 15 in force at 3.4.2017 by S.I. 2017/309 , art. 2(b) (with arts. 3 , 4 , Sch. ) Sch. 2 para. 16 in force at 3.4.2017 by S.I. 2017/309 , art. 2(b) (with arts. 3 , 4 , Sch. ) Sch. 2 para. 17 in force at 3.4.2017 by S.I. 2017/309 , art. 2(b) (with arts. 3 , 4 , Sch. ) S. 79 in force at 3.4.2017 by S.I. 2017/309 , art. 2(c) (with arts. 3 , 4 , Sch. ) S. 80 in force at 3.4.2017 by S.I. 2017/309 , art. 2(c) (with arts. 3 , 4 , Sch. ) S. 81 in force at 3.4.2017 by S.I. 2017/309 , art. 2(c) (with arts. 3 , 4 , Sch. ) S. 82 in force at 3.4.2017 by S.I. 2017/309 , art. 2(c) (with arts. 3 , 4 , Sch. ) S. 83 in force at 3.4.2017 by S.I. 2017/309 , art. 2(c) (with arts. 3 , 4 , Sch. ) S. 84 in force at 3.4.2017 by S.I. 2017/309 , art. 2(c) (with arts. 3 , 4 , Sch. ) S. 85 in force at 3.4.2017 by S.I. 2017/309 , art. 2(c) (with arts. 3 , 4 , Sch. ) S. 86 in force at 3.4.2017 by S.I. 2017/309 , art. 2(c) (with arts. 3 , 4 , Sch. ) S. 87 in force at 3.4.2017 by S.I. 2017/309 , art. 2(c) (with arts. 3 , 4 , Sch. ) S. 88 in force at 3.4.2017 by S.I. 2017/309 , art. 2(c) (with arts. 3 , 4 , Sch. ) S. 89 in force at 3.4.2017 by S.I. 2017/309 , art. 2(c) (with arts. 3 , 4 , Sch. ) S. 91 in force at 3.4.2017 by S.I. 2017/309 , art. 2(c) (with arts. 3 , 4 , Sch. ) S. 92 in force at 3.4.2017 by S.I. 2017/309 , art. 2(c) (with arts. 3 , 4 , Sch. ) S. 93 in force at 3.4.2017 by S.I. 2017/309 , art. 2(c) (with arts. 3 , 4 , Sch. ) S. 94 in force at 3.4.2017 by S.I. 2017/309 , art. 2(c) (with arts. 3 , 4 , Sch. ) S. 95 in force at 3.4.2017 by S.I. 2017/309 , art. 2(c) (with arts. 3 , 4 , Sch. ) S. 96 in force at 3.4.2017 by S.I. 2017/309 , art. 2(c) (with arts. 3 , 4 , Sch. ) S. 97 in force at 3.4.2017 by S.I. 2017/309 , art. 2(c) (with arts. 3 , 4 , Sch. ) S. 98 in force at 3.4.2017 by S.I. 2017/309 , art. 2(c) (with arts. 3 , 4 , Sch. ) S. 99 in force at 3.4.2017 by S.I. 2017/309 , art. 2(c) (with arts. 3 , 4 , Sch. ) S. 100 in force at 3.4.2017 by S.I. 2017/309 , art. 2(c) (with arts. 3 , 4 , Sch. ) S. 101 in force at 3.4.2017 by S.I. 2017/309 , art. 2(c) (with arts. 3 , 4 , Sch. ) S. 102 in force at 3.4.2017 by S.I. 2017/309 , art. 2(c) (with arts. 3 , 4 , Sch. ) S. 103 in force at 3.4.2017 by S.I. 2017/309 , art. 2(c) (with arts. 3 , 4 , Sch. ) S. 104 in force at 3.4.2017 by S.I. 2017/309 , art. 2(c) (with arts. 3 , 4 , Sch. ) S. 106 in force at 3.4.2017 by S.I. 2017/309 , art. 2(c) (with arts. 3 , 4 , Sch. ) S. 107 in force at 3.4.2017 by S.I. 2017/309 , art. 2(c) (with arts. 3 , 4 , Sch. ) S. 108 in force at 3.4.2017 by S.I. 2017/309 , art. 2(c) (with arts. 3 , 4 , Sch. ) S. 109 in force at 3.4.2017 by S.I. 2017/309 , art. 2(c) (with arts. 3 , 4 , Sch. ) S. 110 in force at 3.4.2017 by S.I. 2017/309 , art. 2(c) (with arts. 3 , 4 , Sch. ) S. 111 in force at 3.4.2017 by S.I. 2017/309 , art. 2(c) (with arts. 3 , 4 , Sch. ) S. 112 in force at 3.4.2017 by S.I. 2017/309 , art. 2(d) (with arts. 3 , 4 , Sch. ) S. 113 in force at 3.4.2017 by S.I. 2017/309 , art. 2(d) (with arts. 3 , 4 , Sch. ) S. 114 in force at 3.4.2017 by S.I. 2017/309 , art. 2(d) (with arts. 3 , 4 , Sch. ) S. 115 in force at 3.4.2017 by S.I. 2017/309 , art. 2(d) (with arts. 3 , 4 , Sch. ) S. 116 in force at 3.4.2017 by S.I. 2017/309 , art. 2(d) (with arts. 3 , 4 , Sch. ) S. 117 in force at 3.4.2017 by S.I. 2017/309 , art. 2(e) (with arts. 3 , 4 , Sch. ) S. 118 in force at 3.4.2017 by S.I. 2017/309 , art. 2(e) (with arts. 3 , 4 , Sch. ) S. 119 in force at 3.4.2017 by S.I. 2017/309 , art. 2(e) (with arts. 3 , 4 , Sch. ) S. 120 in force at 3.4.2017 by S.I. 2017/309 , art. 2(e) (with arts. 3 , 4 , Sch. ) S. 121 in force at 3.4.2017 by S.I. 2017/309 , art. 2(e) (with arts. 3 , 4 , Sch. ) S. 122 in force at 3.4.2017 by S.I. 2017/309 , art. 2(e) (with arts. 3 , 4 , Sch. ) S. 123 in force at 3.4.2017 by S.I. 2017/309 , art. 2(e) (with arts. 3 , 4 , Sch. ) S. 124 in force at 3.4.2017 by S.I. 2017/309 , art. 2(e) (with arts. 3 , 4 , Sch. ) S. 125 in force at 3.4.2017 by S.I. 2017/309 , art. 2(e) (with arts. 3 , 4 , Sch. ) S. 126 in force at 3.4.2017 by S.I. 2017/309 , art. 2(e) (with arts. 3 , 4 , Sch. ) S. 127 in force at 3.4.2017 by S.I. 2017/309 , art. 2(e) (with arts. 3 , 4 , Sch. ) S. 128 in force at 3.4.2017 by S.I. 2017/309 , art. 2(e) (with arts. 3 , 4 , Sch. ) S. 129 in force at 3.4.2017 by S.I. 2017/309 , art. 2(e) (with arts. 3 , 4 , Sch. ) S. 130 in force at 3.4.2017 by S.I. 2017/309 , art. 2(e) (with arts. 3 , 4 , Sch. ) S. 131 in force at 3.4.2017 by S.I. 2017/309 , art. 2(e) (with arts. 3 , 4 , Sch. ) S. 132 in force at 3.4.2017 by S.I. 2017/309 , art. 2(e) (with arts. 3 , 4 , Sch. ) S. 133 in force at 3.4.2017 by S.I. 2017/309 , art. 2(e) (with arts. 3 , 4 , Sch. ) S. 134 in force at 3.4.2017 by S.I. 2017/309 , art. 2(e) (with arts. 3 , 4 , Sch. ) S. 135 in force at 3.4.2017 by S.I. 2017/309 , art. 2(e) (with arts. 3 , 4 , Sch. ) S. 136 in force at 3.4.2017 by S.I. 2017/309 , art. 2(e) (with arts. 3 , 4 , Sch. ) S. 137 in force at 3.4.2017 by S.I. 2017/309 , art. 2(e) (with arts. 3 , 4 , Sch. ) S. 138 in force at 3.4.2017 by S.I. 2017/309 , art. 2(e) (with arts. 3 , 4 , Sch. ) S. 139 in force at 3.4.2017 by S.I. 2017/309 , art. 2(e) (with arts. 3 , 4 , Sch. ) S. 140 in force at 3.4.2017 by S.I. 2017/309 , art. 2(e) (with arts. 3 , 4 , Sch. ) S. 141 in force at 3.4.2017 by S.I. 2017/309 , art. 2(e) (with arts. 3 , 4 , Sch. ) S. 142 in force at 3.4.2017 by S.I. 2017/309 , art. 2(e) (with arts. 3 , 4 , Sch. ) S. 143 in force at 3.4.2017 by S.I. 2017/309 , art. 2(e) (with arts. 3 , 4 , Sch. ) S. 144 in force at 3.4.2017 by S.I. 2017/309 , art. 2(e) (with arts. 3 , 4 , Sch. ) S. 145 in force at 3.4.2017 by S.I. 2017/309 , art. 2(e) (with arts. 3 , 4 , Sch. ) S. 146 in force at 3.4.2017 by S.I. 2017/309 , art. 2(e) (with arts. 3 , 4 , Sch. ) S. 147 in force at 3.4.2017 by S.I. 2017/309 , art. 2(e) (with arts. 3 , 4 , Sch. ) S. 148 in force at 3.4.2017 by S.I. 2017/309 , art. 2(e) (with arts. 3 , 4 , Sch. ) S. 149 in force at 3.4.2017 by S.I. 2017/309 , art. 2(e) (with arts. 3 , 4 , Sch. ) S. 150 in force at 3.4.2017 by S.I. 2017/309 , art. 2(e) (with arts. 3 , 4 , Sch. ) S. 151 in force at 3.4.2017 by S.I. 2017/309 , art. 2(e) (with arts. 3 , 4 , Sch. ) S. 152 in force at 3.4.2017 by S.I. 2017/309 , art. 2(e) (with arts. 3 , 4 , Sch. ) S. 153 in force at 3.4.2017 by S.I. 2017/309 , art. 2(e) (with arts. 3 , 4 , Sch. ) S. 154 in force at 3.4.2017 by S.I. 2017/309 , art. 2(e) (with arts. 3 , 4 , Sch. ) S. 155 in force at 3.4.2017 by S.I. 2017/309 , art. 2(e) (with arts. 3 , 4 , Sch. ) S. 156 in force at 3.4.2017 by S.I. 2017/309 , art. 2(e) (with arts. 3 , 4 , Sch. ) S. 157 in force at 3.4.2017 by S.I. 2017/309 , art. 2(e) (with arts. 3 , 4 , Sch. ) S. 158 in force at 3.4.2017 by S.I. 2017/309 , art. 2(e) (with arts. 3 , 4 , Sch. ) S. 159 in force at 3.4.2017 by S.I. 2017/309 , art. 2(e) (with arts. 3 , 4 , Sch. ) S. 160(1)-(4) in force at 3.4.2017 by S.I. 2017/309 , art. 2(e) (with arts. 3 , 4 , Sch. ) S. 161 in force at 3.4.2017 by S.I. 2017/309 , art. 2(e) (with arts. 3 , 4 , Sch. ) S. 162 in force at 3.4.2017 by S.I. 2017/309 , art. 2(e) (with arts. 3 , 4 , Sch. ) S. 163 in force at 3.4.2017 by S.I. 2017/309 , art. 2(e) (with arts. 3 , 4 , Sch. ) S. 164 in force at 3.4.2017 by S.I. 2017/309 , art. 2(e) (with arts. 3 , 4 , Sch. ) S. 165 in force at 3.4.2017 by S.I. 2017/309 , art. 2(f) (with arts. 3 , 4 , Sch. ) S. 166 in force at 3.4.2017 by S.I. 2017/309 , art. 2(f) (with arts. 3 , 4 , Sch. ) S. 167 in force at 3.4.2017 by S.I. 2017/309 , art. 2(f) (with arts. 3 , 4 , Sch. ) S. 168 in force at 3.4.2017 by S.I. 2017/309 , art. 2(f) (with arts. 3 , 4 , Sch. ) S. 169 in force at 3.4.2017 by S.I. 2017/309 , art. 2(f) (with arts. 3 , 4 , Sch. ) S. 170 in force at 3.4.2017 by S.I. 2017/309 , art. 2(f) (with arts. 3 , 4 , Sch. ) S. 171 in force at 3.4.2017 by S.I. 2017/309 , art. 2(f) (with arts. 3 , 4 , Sch. ) S. 172 in force at 3.4.2017 by S.I. 2017/309 , art. 2(f) (with arts. 3 , 4 , Sch. ) S. 173 in force at 3.4.2017 by S.I. 2017/309 , art. 2(f) (with arts. 3 , 4 , Sch. ) S. 174 in force at 3.4.2017 by S.I. 2017/309 , art. 2(g) (with arts. 3 , 4 , Sch. ) S. 175 in force at 3.4.2017 by S.I. 2017/309 , art. 2(g) (with arts. 3 , 4 , Sch. ) S. 176 in force at 3.4.2017 by S.I. 2017/309 , art. 2(h) (with arts. 3 , 4 , Sch. ) S. 177 in force at 3.4.2017 by S.I. 2017/309 , art. 2(h) (with arts. 3 , 4 , Sch. ) S. 178 in force at 3.4.2017 by S.I. 2017/309 , art. 2(h) (with arts. 3 , 4 , Sch. ) S. 179 in force at 3.4.2017 by S.I. 2017/309 , art. 2(h) (with arts. 3 , 4 , Sch. ) S. 180 in force at 3.4.2017 by S.I. 2017/309 , art. 2(h) (with arts. 3 , 4 , Sch. ) S. 181 in force at 3.4.2017 by S.I. 2017/309 , art. 2(h) (with arts. 3 , 4 , Sch. ) S. 182 in force at 3.4.2017 by S.I. 2017/309 , art. 2(h) (with arts. 3 , 4 , Sch. ) S. 183 in force at 3.4.2017 by S.I. 2017/309 , art. 2(i) (with arts. 3 , 4 , Sch. ) S. 184 in force at 3.4.2017 by S.I. 2017/309 , art. 2(i) (with arts. 3 , 4 , Sch. ) Sch. 3 para. 37 in force at 3.4.2017 by S.I. 2017/309 , art. 2(j) (with arts. 3 , 4 , Sch. ) Sch. 3 para. 40 in force at 3.4.2017 by S.I. 2017/309 , art. 2(j) (with arts. 3 , 4 , Sch. ) Sch. 3 para. 45 in force at 3.4.2017 by S.I. 2017/309 , art. 2(j) (with arts. 3 , 4 , Sch. ) Sch. 3 para. 47 in force at 3.4.2017 by S.I. 2017/309 , art. 2(j) (with arts. 3 , 4 , Sch. ) Sch. 3 para. 49 in force at 3.4.2017 by S.I. 2017/309 , art. 2(j) (with arts. 3 , 4 , Sch. ) Sch. 3 para. 51 in force at 3.4.2017 by S.I. 2017/309 , art. 2(j) (with arts. 3 , 4 , Sch. ) Sch. 3 para. 53 in force at 3.4.2017 by S.I. 2017/309 , art. 2(j) (with arts. 3 , 4 , Sch. ) Sch. 3 para. 57 in force at 3.4.2017 by S.I. 2017/309 , art. 2(j) (with arts. 3 , 4 , Sch. ) S. 69 in force at 3.4.2017 by S.I. 2017/309 , art. 2(b) (with arts. 3 , 4 , Sch. ) S. 70 in force at 3.4.2017 by S.I. 2017/309 , art. 2(b) (with arts. 3 , 4 , Sch. ) S. 71 in force at 3.4.2017 by S.I. 2017/309 , art. 2(b) (with arts. 3 , 4 , Sch. ) S. 72 in force at 3.4.2017 by S.I. 2017/309 , art. 2(b) (with arts. 3 , 4 , Sch. ) S. 73(3)-(6) in force at 3.4.2017 by S.I. 2017/309 , art. 2(b) (with arts. 3 , 4 , Sch. ) S. 74 in force at 3.4.2017 by S.I. 2017/309 , art. 2(b) (with arts. 3 , 4 , Sch. ) S. 76 in force at 3.4.2017 by S.I. 2017/309 , art. 2(b) (with arts. 3 , 4 , Sch. ) S. 77 in force at 3.4.2017 by S.I. 2017/309 , art. 2(b) (with arts. 3 , 4 , Sch. ) S. 78 in force at 3.4.2017 by S.I. 2017/309 , art. 2(b) (with arts. 3 , 4 , Sch. ) S. 56(1) in force at 4.9.2017 for specified purposes by S.I. 2017/846 , art. 2(a) S. 56(2) in force at 4.9.2017 by S.I. 2017/846 , art. 2(b) S. 6 in force at 1.2.2018 for specified purposes by S.I. 2017/1326 , art. 2(1) (2) (with arts. 3-15 ) S. 58 in force at 2.4.2018 by S.I. 2017/1326 , art. 2(3)(f) S. 53 applied by 2014 anaw 4, s. 94B(3) (as inserted (2.4.2018) by Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2) , ss. 58 , 188(1) ; S.I. 2017/1326 , art. 2(3)(f) ) S. 54 applied by 2014 anaw 4, s. 94B(3) (as inserted (2.4.2018) by Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2) , ss. 58 , 188(1) ; S.I. 2017/1326 , art. 2(3)(f) ) S. 55 applied by 2014 anaw 4, s. 94B(3) (as inserted (2.4.2018) by Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2) , ss. 58 , 188(1) ; S.I. 2017/1326 , art. 2(3)(f) ) S. 184 applied (2.4.2018) by The Regulated Services (Penalty Notices) (Wales) Regulations 2017 (S.I. 2017/1292) , regs. 1(2) , 7(2) S. 1 in force at 2.4.2018 by S.I. 2017/1326 , art. 2(3)(a) S. 2(1)(a)-(c)(h)(i)(3)(4) in force at 2.4.2018 by S.I. 2017/1326 , art. 2(3)(b) S. 2(2) in force at 2.4.2018 for specified purposes by S.I. 2017/1326 , art. 2(3)(b) Sch. 1 para. 1 in force at 2.4.2018 by S.I. 2017/1326 , art. 2(3)(b) (with art. 7(a) ) Sch. 1 para. 2 in force at 2.4.2018 by S.I. 2017/1326 , art. 2(3)(b) Sch. 1 para. 3 in force at 2.4.2018 by S.I. 2017/1326 , art. 2(3)(b) Sch. 1 para. 8 in force at 2.4.2018 by S.I. 2017/1326 , art. 2(3)(b) (with art. 7(b) ) S. 3 in force at 2.4.2018 by S.I. 2017/1326 , art. 2(3)(c) S. 4 in force at 2.4.2018 by S.I. 2017/1326 , art. 2(3)(c) S. 5 in force at 2.4.2018 by S.I. 2017/1326 , art. 2(3)(c) (with arts. 4 , 5 , 14 ) S. 7 in force at 2.4.2018 by S.I. 2017/1326 , art. 2(3)(d) (with art. 9 ) S. 8 in force at 2.4.2018 by S.I. 2017/1326 , art. 2(3)(d) S. 9 in force at 2.4.2018 by S.I. 2017/1326 , art. 2(3)(d) S. 10 in force at 2.4.2018 by S.I. 2017/1326 , art. 2(3)(d) S. 11 in force at 2.4.2018 by S.I. 2017/1326 , art. 2(3)(d) S. 12 in force at 2.4.2018 by S.I. 2017/1326 , art. 2(3)(d) S. 13 in force at 2.4.2018 by S.I. 2017/1326 , art. 2(3)(d) S. 14 in force at 2.4.2018 by S.I. 2017/1326 , art. 2(3)(d) S. 15 in force at 2.4.2018 by S.I. 2017/1326 , art. 2(3)(d) S. 16 in force at 2.4.2018 by S.I. 2017/1326 , art. 2(3)(d) S. 17 in force at 2.4.2018 by S.I. 2017/1326 , art. 2(3)(d) S. 18 in force at 2.4.2018 by S.I. 2017/1326 , art. 2(3)(d) S. 19 in force at 2.4.2018 by S.I. 2017/1326 , art. 2(3)(d) S. 20 in force at 2.4.2018 by S.I. 2017/1326 , art. 2(3)(d) S. 21 in force at 2.4.2018 by S.I. 2017/1326 , art. 2(3)(d) S. 22 in force at 2.4.2018 by S.I. 2017/1326 , art. 2(3)(d) S. 23 in force at 2.4.2018 by S.I. 2017/1326 , art. 2(3)(d) S. 24 in force at 2.4.2018 by S.I. 2017/1326 , art. 2(3)(d) S. 25 in force at 2.4.2018 by S.I. 2017/1326 , art. 2(3)(d) S. 26 in force at 2.4.2018 by S.I. 2017/1326 , art. 2(3)(d) S. 27 in force at 2.4.2018 by S.I. 2017/1326 , art. 2(3)(d) S. 28 in force at 2.4.2018 by S.I. 2017/1326 , art. 2(3)(d) S. 29 in force at 2.4.2018 by S.I. 2017/1326 , art. 2(3)(d) S. 30 in force at 2.4.2018 by S.I. 2017/1326 , art. 2(3)(d) S. 31 in force at 2.4.2018 by S.I. 2017/1326 , art. 2(3)(d) S. 32 in force at 2.4.2018 by S.I. 2017/1326 , art. 2(3)(e) S. 33 in force at 2.4.2018 by S.I. 2017/1326 , art. 2(3)(e) S. 34 in force at 2.4.2018 by S.I. 2017/1326 , art. 2(3)(e) S. 35 in force at 2.4.2018 by S.I. 2017/1326 , art. 2(3)(e) S. 36 in force at 2.4.2018 by S.I. 2017/1326 , art. 2(3)(e) S. 37 in force at 2.4.2018 by S.I. 2017/1326 , art. 2(3)(e) S. 38 in force at 2.4.2018 by S.I. 2017/1326 , art. 2(3)(e) S. 39 in force at 2.4.2018 by S.I. 2017/1326 , art. 2(3)(e) S. 40 in force at 2.4.2018 by S.I. 2017/1326 , art. 2(3)(e) S. 41 in force at 2.4.2018 by S.I. 2017/1326 , art. 2(3)(e) S. 42 in force at 2.4.2018 by S.I. 2017/1326 , art. 2(3)(e) S. 43 in force at 2.4.2018 by S.I. 2017/1326 , art. 2(3)(e) S. 44 in force at 2.4.2018 by S.I. 2017/1326 , art. 2(3)(e) S. 45 in force at 2.4.2018 by S.I. 2017/1326 , art. 2(3)(e) S. 46 in force at 2.4.2018 by S.I. 2017/1326 , art. 2(3)(e) S. 47 in force at 2.4.2018 by S.I. 2017/1326 , art. 2(3)(e) S. 48 in force at 2.4.2018 by S.I. 2017/1326 , art. 2(3)(e) S. 49 in force at 2.4.2018 by S.I. 2017/1326 , art. 2(3)(e) S. 50 in force at 2.4.2018 by S.I. 2017/1326 , art. 2(3)(e) S. 51 in force at 2.4.2018 by S.I. 2017/1326 , art. 2(3)(e) S. 52 in force at 2.4.2018 by S.I. 2017/1326 , art. 2(3)(e) S. 53 in force at 2.4.2018 by S.I. 2017/1326 , art. 2(3)(e) S. 54 in force at 2.4.2018 by S.I. 2017/1326 , art. 2(3)(e) S. 55 in force at 2.4.2018 by S.I. 2017/1326 , art. 2(3)(e) S. 64 in force at 2.4.2018 by S.I. 2017/1326 , art. 2(3)(g) S. 185 in force at 2.4.2018 for specified purposes by S.I. 2017/1326 , art. 2(3)(h) , Sch. Sch. 3 para. 1 in force at 2.4.2018 by S.I. 2017/1326 , art. 2(3)(h) , Sch. (with art. 6 ) Sch. 3 para. 2 in force at 2.4.2018 by S.I. 2017/1326 , art. 2(3)(h) , Sch. (with art. 6 ) Sch. 3 para. 3 in force at 2.4.2018 by S.I. 2017/1326 , art. 2(3)(h) , Sch. (with art. 6 ) Sch. 3 para. 6 in force at 2.4.2018 by S.I. 2017/1326 , art. 2(3)(h) , Sch. (with art. 6 ) Sch. 3 para. 7 in force at 2.4.2018 by S.I. 2017/1326 , art. 2(3)(h) , Sch. (with art. 6 ) Sch. 3 para. 8 in force at 2.4.2018 by S.I. 2017/1326 , art. 2(3)(h) , Sch. (with art. 6 ) Sch. 3 para. 9 in force at 2.4.2018 by S.I. 2017/1326 , art. 2(3)(h) , Sch. (with art. 6 ) Sch. 3 para. 10 in force at 2.4.2018 by S.I. 2017/1326 , art. 2(3)(h) , Sch. (with art. 6 ) Sch. 3 para. 11 in force at 2.4.2018 by S.I. 2017/1326 , art. 2(3)(h) , Sch. (with art. 6 ) Sch. 3 para. 16 in force at 2.4.2018 by S.I. 2017/1326 , art. 2(3)(h) , Sch. (with art. 6 ) Sch. 3 para. 25 in force at 2.4.2018 by S.I. 2017/1326 , art. 2(3)(h) , Sch. (with art. 6 ) Sch. 3 para. 26 in force at 2.4.2018 by S.I. 2017/1326 , art. 2(3)(h) , Sch. (with art. 6 ) Sch. 3 para. 27 in force at 2.4.2018 by S.I. 2017/1326 , art. 2(3)(h) , Sch. (with art. 6 ) Sch. 3 para. 28(a) in force at 2.4.2018 by S.I. 2017/1326 , art. 2(3)(h) , Sch. (with art. 6 ) Sch. 3 para. 29 in force at 2.4.2018 by S.I. 2017/1326 , art. 2(3)(h) , Sch. (with art. 6 ) Sch. 3 para. 31 in force at 2.4.2018 by S.I. 2017/1326 , art. 2(3)(h) , Sch. (with art. 6 ) Sch. 3 para. 32 in force at 2.4.2018 by S.I. 2017/1326 , art. 2(3)(h) , Sch. (with art. 6 ) Sch. 3 para. 33 in force at 2.4.2018 by S.I. 2017/1326 , art. 2(3)(h) , Sch. (with arts. 6 , 8 ) Sch. 3 para. 34 in force at 2.4.2018 by S.I. 2017/1326 , art. 2(3)(h) , Sch. (with arts. 6 , 8 ) Sch. 3 para. 35 in force at 2.4.2018 by S.I. 2017/1326 , art. 2(3)(h) , Sch. (with arts. 6 , 8 ) Sch. 3 para. 4(a)(b)(d)(g)(i) in force at 2.4.2018 by S.I. 2017/1326 , art. 2(3)(h) , Sch. (with art. 6 ) S. 5 excluded (10.4.2019) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Commencement No. 6, Savings and Transitional Provisions) Order 2019 (S.I. 2019/864) , art. 13 S. 53 applied by 2014 anaw 4, s. 161C(5) (as substituted (29.4.2019) by Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2) , ss. 57(2) , 188(1) ; S.I. 2019/864 , art. 2(3)(c) ) S. 54 applied by 2014 anaw 4, s. 161C(5) (as substituted (29.4.2019) by Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2) , ss. 57(2) , 188(1) ; S.I. 2019/864 , art. 2(3)(c) ) S. 55 applied by 2014 anaw 4, s. 161C(5) (as substituted (29.4.2019) by Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2) , ss. 57(2) , 188(1) ; S.I. 2019/864 , art. 2(3)(c) ) Pt. 1 applied (with modifications) (29.4.2019) by The Regulated Fostering Services (Service Providers and Responsible Individuals) (Wales) Regulations 2019 (S.I. 2019/169) , regs. 1(2) , 71 S. 21(2) restricted (29.4.2019) by The Regulated Fostering Services (Service Providers and Responsible Individuals) (Wales) Regulations 2019 (S.I. 2019/169) , regs. 1(2) , 72 Pt. 1 applied (with modifications) (29.4.2019) by The Adult Placement Services (Service Providers and Responsible Individuals) (Wales) Regulations 2019 (S.I. 2019/163) , regs. 1(2) , 67(3) S. 21(2) restricted (29.4.2019) by The Adult Placement Services (Service Providers and Responsible Individuals) (Wales) Regulations 2019 (S.I. 2019/163) , regs. 1(2) , 68 Pt. 1 applied (with modifications) (29.4.2019) by The Regulated Advocacy Services (Service Providers and Responsible Individuals) (Wales) Regulations 2019 (S.I. 2019/165) , regs. 1(2) , 58(3) S. 21(2) restricted (29.4.2019) by The Regulated Advocacy Services (Service Providers and Responsible Individuals) (Wales) Regulations 2019 (S.I. 2019/165) , regs. 1(2) , 59 S. 5 excluded (temp.) (29.4.2019) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Commencement No. 6, Savings and Transitional Provisions) Order 2019 (S.I. 2019/864) , art. 4 S. 7(1)(2) modified (temp.) (29.4.2019) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Commencement No. 6, Savings and Transitional Provisions) Order 2019 (S.I. 2019/864) , art. 8 S. 12(1) modified (temp.) (29.4.2019) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Commencement No. 6, Savings and Transitional Provisions) Order 2019 (S.I. 2019/864) , art. 9 Pt. 1 applied (with modifications) (29.4.2019) by The Regulated Adoption Services (Service Providers and Responsible Individuals) (Wales) Regulations 2019 (S.I. 2019/762) , regs. , 57(3) Sch. 1 para. 4 restricted (29.4.2019) by The Regulated Adoption Services (Service Providers and Responsible Individuals) (Wales) Regulations 2019 (S.I. 2019/762) , regs. 1(1) , 3 S. 6 in force at 29.4.2019 for specified purposes by S.I. 2019/864 , art. 2(1) (2) S. 2(1)(d)-(g) in force at 29.4.2019 by S.I. 2019/864 , art. 2(3)(a) Sch. 1 para. 4 in force at 29.4.2019 by S.I. 2019/864 , art. 2(3)(a) Sch. 1 para. 5 in force at 29.4.2019 by S.I. 2019/864 , art. 2(3)(a) Sch. 1 para. 6 in force at 29.4.2019 by S.I. 2019/864 , art. 2(3)(a) Sch. 1 para. 7 in force at 29.4.2019 by S.I. 2019/864 , art. 2(3)(a) Sch. 1 para. 9 in force at 29.4.2019 by S.I. 2019/864 , art. 2(3)(a) S. 56(1) in force at 29.4.2019 for specified purposes by S.I. 2019/864 , art. 2(3)(b) S. 57 in force at 29.4.2019 by S.I. 2019/864 , art. 2(3)(c) S. 185 in force at 29.4.2019 for specified purposes by S.I. 2019/864 , art. 2(3)(d) , Sch. Sch. 3 para. 5 in force at 29.4.2019 by S.I. 2019/864 , art. 2(3)(d) , Sch. (with arts. 3-13 ) Sch. 3 para. 12 in force at 29.4.2019 by S.I. 2019/864 , art. 2(3)(d) , Sch. (with arts. 3-13 ) Sch. 3 para. 13 in force at 29.4.2019 by S.I. 2019/864 , art. 2(3)(d) , Sch. (with arts. 3-13 ) Sch. 3 para. 14 in force at 29.4.2019 by S.I. 2019/864 , art. 2(3)(d) , Sch. (with arts. 3-13 ) Sch. 3 para. 15 in force at 29.4.2019 by S.I. 2019/864 , art. 2(3)(d) , Sch. (with arts. 3-13 ) Sch. 3 para. 17 in force at 29.4.2019 by S.I. 2019/864 , art. 2(3)(d) , Sch. (with arts. 3-13 ) Sch. 3 para. 18 in force at 29.4.2019 by S.I. 2019/864 , art. 2(3)(d) , Sch. (with arts. 3-13 ) Sch. 3 para. 19 in force at 29.4.2019 by S.I. 2019/864 , art. 2(3)(d) , Sch. (with arts. 3-13 ) Sch. 3 para. 20 in force at 29.4.2019 by S.I. 2019/864 , art. 2(3)(d) , Sch. (with arts. 3-13 ) Sch. 3 para. 21 in force at 29.4.2019 by S.I. 2019/864 , art. 2(3)(d) , Sch. (with arts. 3-13 ) Sch. 3 para. 22 in force at 29.4.2019 by S.I. 2019/864 , art. 2(3)(d) , Sch. (with arts. 3-13 ) Sch. 3 para. 23 in force at 29.4.2019 by S.I. 2019/864 , art. 2(3)(d) , Sch. (with arts. 3-13 ) Sch. 3 para. 24 in force at 29.4.2019 by S.I. 2019/864 , art. 2(3)(d) , Sch. (with arts. 3-13 ) Sch. 3 para. 5(a) substituted (29.4.2019) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2019 (S.I. 2019/772) , regs. 1(2) , 34(2)(a) Sch. 3 para. 5(c) substituted (29.4.2019) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2019 (S.I. 2019/772) , regs. 1(2) , 34(2)(b) Sch. 3 para. 4(c)(e) (f) in force at 29.4.2019 by S.I. 2019/864 , art. 2(3)(d) , Sch. (with arts. 3-13 ) Sch. 3 para. 28(b)(c) in force at 29.4.2019 by S.I. 2019/864 , art. 2(3)(d) , Sch. (with arts. 3-13 ) Act modified by 1989 c. 41 , Sch. 7 para. 5A (as inserted (2.4.2018) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2018 (S.I. 2018/195) , regs. 2(1) , 13(b) ) Words in Sch. 1 para. 4(a) inserted (2.4.2018) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2018 (S.I. 2018/195) , regs. 2(1) , 58(b) Sch. 3 para. 36 substituted (2.4.2018) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2018 (S.I. 2018/195) , regs. 2(1) , 59 Words in s. 111(4)(b) substituted (2.12.2019) by Children and Social Work Act 2017 (c. 16) , s. 70(2) , Sch. 5 para. 40(b) ; S.I. 2019/1436 , reg. 2(s) Words in s. 117(4)(a) inserted (2.12.2019) by Children and Social Work Act 2017 (c. 16) , s. 70(2) , Sch. 5 para. 41(b) ; S.I. 2019/1436 , reg. 2(s) Words in s. 119(4)(a)(ii) substituted (2.12.2019) by Children and Social Work Act 2017 (c. 16) , s. 70(2) , Sch. 5 para. 42(b) ; S.I. 2019/1436 , reg. 2(s) Words in s. 125(5)(a)(ii) substituted (2.12.2019) by Children and Social Work Act 2017 (c. 16) , s. 70(2) , Sch. 5 para. 43(b) ; S.I. 2019/1436 , reg. 2(s) Words in s. 174(5)(a)(ii) substituted (2.12.2019) by Children and Social Work Act 2017 (c. 16) , s. 70(2) , Sch. 5 para. 44(b) ; S.I. 2019/1436 , reg. 2(s) S. 160(1) modified (temp.) (25.3.2020) by Coronavirus Act 2020 (c. 7) , s. 87(1) , Sch. 5 para. 2(5) (with ss. 89 , 90 ) (subject to expiry in accordance with s. 89(1) (2)(d) of the modifying Act) S. 83A inserted (temp.) (25.3.2020) by virtue of Coronavirus Act 2020 (c. 7) , s. 87(1) , Sch. 5 para. 2(2) (with ss. 89 , 90 ) (subject to expiry in accordance with s. 89(1) (2)(d) of the modifying Act) S. 101(3) inserted (temp.) (25.3.2020) by virtue of Coronavirus Act 2020 (c. 7) , s. 87(1) , Sch. 5 para. 2(4)(a) (with ss. 89 , 90 ) (subject to expiry in accordance with s. 89(1) (2)(d) of the modifying Act) Words in s. 9(5)(a) inserted (1.4.2020) by The Regulation and Inspection of Social Care (Wales) Act 2016 and Regulated Services (Miscellaneous Amendments) Regulations 2020 (S.I. 2020/389) , regs. 1(2) , 3 Words in s. 120(6) inserted (1.12.2020) by Sentencing Act 2020 (c. 17) , s. 416(1) , Sch. 24 para. 309(1) (with Sch. 27 ); S.I. 2020/1236 , reg. 2 Words in s. 66(1) omitted (31.12.2020) by virtue of The Regulation and Inspection of Social Care (Qualifications) (Wales) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/761) , regs. 1(2) , 3 (with regs. 15A-19 ) (as amended by S.I. 2020/1626 , regs. 1(2) , 6-13 ); 2020 c. 1 , Sch. 5 para. 1(1) S. 74(3) omitted (31.12.2020) by virtue of The Regulation and Inspection of Social Care (Qualifications) (Wales) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/761) , regs. 1(2) , 4 (with regs. 15A-19 ) (as amended by S.I. 2020/1626 , regs. 1(2) , 6-13 ); 2020 c. 1 , Sch. 5 para. 1(1) S. 80(1)(c) omitted (31.12.2020) by virtue of The Regulation and Inspection of Social Care (Qualifications) (Wales) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/761) , regs. 1(2) , 5 (with regs. 15A-19 ) (as amended by S.I. 2020/1626 , regs. 1(2) , 6-13 ); 2020 c. 1 , Sch. 5 para. 1(1) S. 80(2)(c) omitted (31.12.2020) by virtue of The Regulation and Inspection of Social Care (Qualifications) (Wales) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/761) , regs. 1(2) , 5 (with regs. 15A-19 ) (as amended by S.I. 2020/1626 , regs. 1(2) , 6-13 ); 2020 c. 1 , Sch. 5 para. 1(1) S. 80(3)(c) omitted (31.12.2020) by virtue of The Regulation and Inspection of Social Care (Qualifications) (Wales) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/761) , regs. 1(2) , 5 (with regs. 15A-19 ) (as amended by S.I. 2020/1626 , regs. 1(2) , 6-13 ); 2020 c. 1 , Sch. 5 para. 1(1) S. 85(1) omitted (31.12.2020) by virtue of The Regulation and Inspection of Social Care (Qualifications) (Wales) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/761) , regs. 1(2) , 7 (with regs. 15A-19 ) (as amended by S.I. 2020/1626 , regs. 1(2) , 6-13 ); 2020 c. 1 , Sch. 5 para. 1(1) S. 90 omitted (31.12.2020) by virtue of The Regulation and Inspection of Social Care (Qualifications) (Wales) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/761) , regs. 1(2) , 9 (with regs. 15A-19 ) (as amended by S.I. 2020/1626 , regs. 1(2) , 6-13 ); 2020 c. 1 , Sch. 5 para. 1(1) S. 105 omitted (31.12.2020) by virtue of The Regulation and Inspection of Social Care (Qualifications) (Wales) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/761) , regs. 1(2) , 11 (with regs. 15A-19 ) (as amended by S.I. 2020/1626 , regs. 1(2) , 6-13 ); 2020 c. 1 , Sch. 5 para. 1(1) S. 113(3)-(5) omitted (31.12.2020) by virtue of The Regulation and Inspection of Social Care (Qualifications) (Wales) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/761) , regs. 1(2) , 12 (with regs. 15A-19 ) (as amended by S.I. 2020/1626 , regs. 1(2) , 6-13 ); 2020 c. 1 , Sch. 5 para. 1(1) Words in s. 164 substituted (31.12.2020) by The Regulation and Inspection of Social Care (Qualifications) (Wales) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/761) , regs. 1(2) , 13(a) (with regs. 15A-19 ) (as amended by S.I. 2020/1626 , regs. 1(2) , 6-13 ); 2020 c. 1 , Sch. 5 para. 1(1) Words in s. 164 omitted (31.12.2020) by virtue of The Regulation and Inspection of Social Care (Qualifications) (Wales) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/761) , regs. 1(2) , 13(b) (with regs. 15A-19 ) (as amended by S.I. 2020/1626 , regs. 1(2) , 6-13 ); 2020 c. 1 , Sch. 5 para. 1(1) Sch. 1 para. 7(4)(b) substituted (31.12.2020) by The Regulation and Inspection of Social Care (Qualifications) (Wales) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/761) , regs. 1(2) , 14 (with regs. 15A-19 ) (as substituted by S.I. 2020/1626 , regs. 1(2) , 4 (with regs. 3 , 5-13 )); 2020 c. 1 , Sch. 5 para. 1(1) S. 56(1) in force at 23.2.2021 for specified purposes by S.I. 2021/181 , art. 2(a) S. 6 in force at 23.2.2021 for specified purposes by S.I. 2021/181 , art. 2(b) Sch. 3 para. 30 in force at 23.2.2021 by S.I. 2021/181 , art. 2(c) Words in s. 85 heading inserted (18.11.2016) by The European Qualifications (Health and Social Care Professions) Regulations 2016 (S.I. 2016/1030) , regs. 1 , 130(2) (with reg. 155 ) S. 80(1)(d) omitted (31.12.2020) by virtue of The Regulation and Inspection of Social Care (Qualifications) (Wales) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/761) , regs. 1(2) , 5 (with regs. 15A-19 ) (as amended by S.I. 2020/1626 , regs. 1(2) , 6-13 ); 2020 c. 1 , Sch. 5 para. 1(1) S. 80(2)(d) omitted (31.12.2020) by virtue of The Regulation and Inspection of Social Care (Qualifications) (Wales) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/761) , regs. 1(2) , 5 (with regs. 15A-19 ) (as amended by S.I. 2020/1626 , regs. 1(2) , 6-13 ); 2020 c. 1 , Sch. 5 para. 1(1) S. 80(3)(d) omitted (31.12.2020) by virtue of The Regulation and Inspection of Social Care (Qualifications) (Wales) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/761) , regs. 1(2) , 5 (with regs. 15A-19 ) (as amended by S.I. 2020/1626 , regs. 1(2) , 6-13 ); 2020 c. 1 , Sch. 5 para. 1(1) Words in s. 66(1) omitted (18.11.2016) by The European Qualifications (Health and Social Care Professions) Regulations 2016 (S.I. 2016/1030) , regs. 1 , 120(3) (with reg. 155 ) Words in s. 66(1) inserted (18.11.2016) by The European Qualifications (Health and Social Care Professions) Regulations 2016 (S.I. 2016/1030) , regs. 1 , 120(2) (with reg. 155 ) Word in s. 80(1)(b) omitted (18.11.2016) by The European Qualifications (Health and Social Care Professions) Regulations 2016 (S.I. 2016/1030) , regs. 1 , 126(2)(a) (with reg. 155 ) Words in s. 79(1)(b) inserted (18.11.2016) by The European Qualifications (Health and Social Care Professions) Regulations 2016 (S.I. 2016/1030) , regs. 1 , 124(2) (with reg. 155 ) Words in Sch. 3 para. 39 inserted (18.11.2016) by The European Qualifications (Health and Social Care Professions) Regulations 2016 (S.I. 2016/1030) , regs. 1 , 144(2) (with reg. 155 ) Words in s. 84(a)(ii) inserted (18.11.2016) by The European Qualifications (Health and Social Care Professions) Regulations 2016 (S.I. 2016/1030) , regs. 1 , 128(2) (with reg. 155 ) S. 84(a)(ii) omitted (31.12.2020) by virtue of The Regulation and Inspection of Social Care (Qualifications) (Wales) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/761) , regs. 1(2) , 6 (with regs. 15A-19 ) (as amended by S.I. 2020/1626 , regs. 1(2) , 6-13 ); 2020 c. 1 , Sch. 5 para. 1(1) S. 84(aa) inserted (18.11.2016) by The European Qualifications (Health and Social Care Professions) Regulations 2016 (S.I. 2016/1030) , regs. 1 , 128(2) (with reg. 155 ) S. 85A omitted (31.12.2020) by virtue of The Regulation and Inspection of Social Care (Qualifications) (Wales) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/761) , regs. 1(2) , 8 (with regs. 15A-19 ) (as amended by S.I. 2020/1626 , regs. 1(2) , 6-13 ); 2020 c. 1 , Sch. 5 para. 1(1) S. 90A omitted (31.12.2020) by virtue of The Regulation and Inspection of Social Care (Qualifications) (Wales) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/761) , regs. 1(2) , 10 (with regs. 15A-19 ) (as amended by S.I. 2020/1626 , regs. 1(2) , 6-13 ); 2020 c. 1 , Sch. 5 para. 1(1) Word in Sch. 3 para. 39 inserted (18.11.2016) by The European Qualifications (Health and Social Care Professions) Regulations 2016 (S.I. 2016/1030) , regs. 1 , 144(3) (with reg. 155 ) S. 177(1)(g) omitted (1.4.2023) by virtue of Health and Social Care (Quality and Engagement) (Wales) Act 2020 (asc 1) , s. 29(2) , Sch. 3 para. 14(a) ; S.I. 2023/370 , art. 3(1)(t) S. 177(2)(c) omitted (1.4.2023) by virtue of Health and Social Care (Quality and Engagement) (Wales) Act 2020 (asc 1) , s. 29(2) , Sch. 3 para. 14(b) ; S.I. 2023/370 , art. 3(1)(t) S. 5 excluded (temp.) (31.12.2023) by The Regulated Services (Special School Residential Services) (Wales) Regulations 2023 (S.I. 2023/1327) , regs. 1(2) , 4 S. 21(2) excluded (31.3.2024) by The Special School Residential Services (Service Providers and Responsible Individuals) (Wales) Regulations 2024 (S.I. 2024/388) , regs. 1(2) , 80 Pt. 1 applied (with modifications) (31.3.2024) by The Special School Residential Services (Service Providers and Responsible Individuals) (Wales) Regulations 2024 (S.I. 2024/388) , regs. 1(2) , 79(3) Words in s. 10(6) substituted (25.3.2025) by Health and Social Care (Wales) Act 2025 (asc 1) , s. 29(1)(a)(ii) , Sch. 1 para. 7(15)(a) S. 13(2) omitted (25.3.2025) by virtue of Health and Social Care (Wales) Act 2025 (asc 1) , ss. 16(2)(a) , 29(1)(a)(i) S. 13(4)(ba) inserted (25.3.2025) by Health and Social Care (Wales) Act 2025 (asc 1) , ss. 16(2)(b) , 29(1)(a)(i) S. 13(4A) inserted (25.3.2025) by Health and Social Care (Wales) Act 2025 (asc 1) , ss. 16(2)(c) , 29(1)(a)(i) Words in s. 13(5) substituted (25.3.2025) by Health and Social Care (Wales) Act 2025 (asc 1) , ss. 16(2)(d) , 29(1)(a)(i) S. 13(6) inserted (25.3.2025) by Health and Social Care (Wales) Act 2025 (asc 1) , ss. 16(2)(e) , 29(1)(a)(i) S. 15(1)(ba) inserted (25.3.2025) by Health and Social Care (Wales) Act 2025 (asc 1) , ss. 16(3)(a)(i) , 29(1)(a)(i) Words in s. 15(1)(d) substituted (25.3.2025) by Health and Social Care (Wales) Act 2025 (asc 1) , ss. 16(3)(a)(ii) , 29(1)(a)(i) Words in s. 15(2) substituted (25.3.2025) by Health and Social Care (Wales) Act 2025 (asc 1) , ss. 16(3)(b) , 29(1)(a)(i) Words in s. 15(3) substituted (25.3.2025) by Health and Social Care (Wales) Act 2025 (asc 1) , ss. 16(3)(c) , 29(1)(a)(i) S. 15(4) inserted (25.3.2025) by Health and Social Care (Wales) Act 2025 (asc 1) , ss. 16(3)(d) , 29(1)(a)(i) Words in s. 16(1)(a) substituted (25.3.2025) by Health and Social Care (Wales) Act 2025 (asc 1) , s. 29(1)(a)(ii) , Sch. 1 para. 7(3)(a) Words in s. 16(1)(b) substituted (25.3.2025) by Health and Social Care (Wales) Act 2025 (asc 1) , s. 29(1)(a)(ii) , Sch. 1 para. 7(3)(b) Word in s. 18(1)(b) omitted (25.3.2025) by virtue of Health and Social Care (Wales) Act 2025 (asc 1) , s. 29(1)(a)(ii) , Sch. 1 para. 7(4)(a) Words in s. 18(1)(c)(ii) substituted (25.3.2025) by Health and Social Care (Wales) Act 2025 (asc 1) , s. 29(1)(a)(ii) , Sch. 1 para. 7(4)(b) S. 18(1)(d) inserted (25.3.2025) by Health and Social Care (Wales) Act 2025 (asc 1) , s. 29(1)(a)(ii) , Sch. 1 para. 7(4)(c) Words in s. 27(5) substituted (25.3.2025) by Health and Social Care (Wales) Act 2025 (asc 1) , s. 29(1)(a)(ii) , Sch. 1 para. 7(15)(b) Words in s. 41(4) substituted (25.3.2025) by Health and Social Care (Wales) Act 2025 (asc 1) , s. 29(1)(a)(ii) , Sch. 1 para. 7(15)(c) Words in s. 42(5) substituted (25.3.2025) by Health and Social Care (Wales) Act 2025 (asc 1) , s. 29(1)(a)(ii) , Sch. 1 para. 7(15)(d) Words in s. 186(4) substituted (25.3.2025) by Health and Social Care (Wales) Act 2025 (asc 1) , s. 29(1)(a)(ii) , Sch. 1 para. 7(15)(e) Words in s. 186(5) substituted (25.3.2025) by Health and Social Care (Wales) Act 2025 (asc 1) , s. 29(1)(a)(ii) , Sch. 1 para. 7(15)(e) Words in s. 186(6) substituted (25.3.2025) by Health and Social Care (Wales) Act 2025 (asc 1) , s. 29(1)(a)(ii) , Sch. 1 para. 7(15)(e) Words in s. 187(2) substituted (25.3.2025) by Health and Social Care (Wales) Act 2025 (asc 1) , s. 29(1)(a)(ii) , Sch. 1 para. 7(15)(f) Words in s. 187(3) substituted (25.3.2025) by Health and Social Care (Wales) Act 2025 (asc 1) , s. 29(1)(a)(ii) , Sch. 1 para. 7(15)(f) Sch. 1 para. 1(1) comma substituted for words (25.3.2025) by Health and Social Care (Wales) Act 2025 (asc 1) , s. 29(1)(a)(ii) , Sch. 1 para. 2(6)(a)(i) Sch. 1 para. 1(1) comma omitted (25.3.2025) by virtue of Health and Social Care (Wales) Act 2025 (asc 1) , s. 29(1)(a)(ii) , Sch. 1 para. 2(6)(a)(ii) Words in Sch. 1 para. 1(4) substituted (25.3.2025) by Health and Social Care (Wales) Act 2025 (asc 1) , s. 29(1)(a)(ii) , Sch. 1 para. 2(6)(b) Sch. 1 para. 1(6) substituted (25.3.2025) by Health and Social Care (Wales) Act 2025 (asc 1) , s. 29(1)(a)(ii) , Sch. 1 para. 2(6)(c) Words in Sch. 2 para. 15(3)(d) substituted (25.3.2025) by Health and Social Care (Wales) Act 2025 (asc 1) , s. 29(1)(a)(ii) , Sch. 1 para. 7(14) Words in Sch. 2 para. 15(3)(d) substituted (25.3.2025) by Health and Social Care (Wales) Act 2025 (asc 1) , s. 29(1)(a)(ii) , Sch. 1 para. 7(15)(g) Words in Sch. 2 para. 16(4)(b) substituted (25.3.2025) by Health and Social Care (Wales) Act 2025 (asc 1) , s. 29(1)(a)(ii) , Sch. 1 para. 7(15)(g) S. 160(5) in force at 31.3.2025 by S.I. 2025/380 , art. 2
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[uk-legislation-anaw][anaw] 2025-05-23
http://www.legislation.gov.uk/anaw/2013/1/2025-04-05
http://www.legislation.gov.uk/anaw/2013/1/2025-04-05 School Standards and Organisation (Wales) Act 2013 An Act of the National Assembly for Wales to reform the powers of local authorities and the Welsh Ministers to intervene in the conduct of schools maintained by local authorities that are causing concern; to reform the powers of the Welsh Ministers to intervene in the exercise of education functions by local authorities; to provide for school improvement guidance; to reform the statutory arrangements for the organisation of maintained schools; to provide for Welsh in education strategic plans; to make miscellaneous provision in relation to maintained schools; and for connected purposes. text text/xml en Statute Law Database 2025-05-16 Expert Participation 2025-04-05 School Standards and Organisation (Wales) Act 2013 Deddf Safonau a Threfniadaeth Ysgolion (Cymru) 2013 s. 41(3) Welsh Language and Education (Wales) Act 2025 Deddf y Gymraeg ac Addysg (Cymru) 2025 s. 22(2) s. 56(4) School Standards and Organisation (Wales) Act 2013 Deddf Safonau a Threfniadaeth Ysgolion (Cymru) 2013 Pt. 4 Welsh Language and Education (Wales) Act 2025 Deddf y Gymraeg ac Addysg (Cymru) 2025 s. 36(2) s. 56(4) School Standards and Organisation (Wales) Act 2013 Deddf Safonau a Threfniadaeth Ysgolion (Cymru) 2013 s. 1(13) Welsh Language and Education (Wales) Act 2025 Deddf y Gymraeg ac Addysg (Cymru) 2025 s. 36(3) s. 56(4) School Standards and Organisation (Wales) Act 2013 Deddf Safonau a Threfniadaeth Ysgolion (Cymru) 2013 s. 1(14) Welsh Language and Education (Wales) Act 2025 Deddf y Gymraeg ac Addysg (Cymru) 2025 s. 36(3) s. 56(4) School Standards and Organisation (Wales) Act 2013 Deddf Safonau a Threfniadaeth Ysgolion (Cymru) 2013 Sch. 2 para. 4 Welsh Language and Education (Wales) Act 2025 Deddf y Gymraeg ac Addysg (Cymru) 2025 s. 49(2)(a) s. 56(4) School Standards and Organisation (Wales) Act 2013 Deddf Safonau a Threfniadaeth Ysgolion (Cymru) 2013 Sch. 2 para. 7 and cross-heading Welsh Language and Education (Wales) Act 2025 Deddf y Gymraeg ac Addysg (Cymru) 2025 s. 49(2)(b) s. 56(4) School Standards and Organisation (Wales) Act 2013 Deddf Safonau a Threfniadaeth Ysgolion (Cymru) 2013 Sch. 2 para. 8 and cross-heading Welsh Language and Education (Wales) Act 2025 Deddf y Gymraeg ac Addysg (Cymru) 2025 s. 49(2)(c) s. 56(4) School Standards and Organisation (Wales) Act 2013 Deddf Safonau a Threfniadaeth Ysgolion (Cymru) 2013 Sch. 2 para. 22 Welsh Language and Education (Wales) Act 2025 Deddf y Gymraeg ac Addysg (Cymru) 2025 s. 49(2)(d) s. 56(4) School Standards and Organisation (Wales) Act 2013 Deddf Safonau a Threfniadaeth Ysgolion (Cymru) 2013 Sch. 2 para. 25 and cross-heading Welsh Language and Education (Wales) Act 2025 Deddf y Gymraeg ac Addysg (Cymru) 2025 s. 49(2)(e) s. 56(4) School Standards and Organisation (Wales) Act 2013 2013 anaw 1 An Act of the National Assembly for Wales to reform the powers of local authorities and the Welsh Ministers to intervene in the conduct of schools maintained by local authorities that are causing concern; to reform the powers of the Welsh Ministers to intervene in the exercise of education functions by local authorities; to provide for school improvement guidance; to reform the statutory arrangements for the organisation of maintained schools; to provide for Welsh in education strategic plans; to make miscellaneous provision in relation to maintained schools; and for connected purposes. [4 March 2013] Having been passed by the National Assembly for Wales and having received the assent of Her Majesty, it is enacted as follows: PART 1 INTRODUCTION Overview of this Act 1 1 This Act has 6 Parts. 2 Part 2 is divided into 3 Chapters containing provisions concerned with maintaining and improving standards— a in maintained schools, and b in the exercise of education functions by local authorities. 3 Chapter 1 of Part 2 (including Schedule 1 )— a sets out the grounds for intervention by local authorities and the Welsh Ministers in the conduct of maintained schools that are causing concern, and b provides a range of intervention powers to enable local authorities and the Welsh Ministers to deal with the causes of concern. 4 Chapter 2— a sets out the grounds for intervention by the Welsh Ministers in the exercise of education functions by local authorities that are causing concern, and b provides a range of intervention powers to enable the Welsh Ministers to deal with the causes of concern. 5 Chapter 3 makes provision for the Welsh Ministers to give guidance to the governing bodies of maintained schools, the head teachers of such schools and local authorities on how functions should be exercised with a view to improving the standard of education provided in maintained schools. 6 Part 3 is divided into 6 Chapters containing provision about the organisation of maintained schools. 7 Chapter 1 of Part 3 provides for a School Organisation Code about the exercise of functions under Part 3. 8 Chapter 2 (including Schedules 2 to 4) makes provision requiring the establishment, alteration and discontinuance of maintained schools in accordance with a specified process. 9 Chapter 3 provides for the rationalisation of school places if the Welsh Ministers are of the opinion that there is excessive or insufficient provision for primary or secondary education in maintained schools. 9A Chapter 3A provides for powers for the Commission for Tertiary Education and Research to restructure sixth form education. 10 Chapter 4 provides for the making of regional provision for special educational additional learning needs. 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Chapter 6 provides for miscellaneous and supplemental matters relating to school organisation. 13 Part 4 makes provision for Welsh in education strategic plans, which are to be— a prepared by local authorities, b approved by the Welsh Ministers, and c published and implemented by local authorities (sections 84, 85 and 87). 14 Part 4 also provides a power exercisable by regulations for the Welsh Ministers to require local authorities to carry out an assessment of the demand among parents for Welsh medium education for their children (section 86). 15 Part 5 makes provision about miscellaneous functions relating to maintained schools, including provision— a requiring local authorities to provide breakfasts for pupils at maintained primary schools at the request of the governing bodies of those schools (sections 88 to 90); b amending the existing powers of local authorities and governing bodies to charge for school meals, so that— i a related requirement to charge every person the same price for the same quantity of the same item is removed, and ii a new requirement that the price charged for an item does not exceed the cost of providing that item is imposed (section 91); c requiring local authorities to secure reasonable provision for a service providing counselling in respect of health, emotional and social needs for specified school pupils and other children (section 92); d requiring governing bodies of maintained schools to hold a meeting if requested to do so by parents in a petition (section 94) and repealing an existing duty to hold an annual parents' meeting (section 95); e repealing the Welsh Ministers' duty to issue a code of practice for securing effective relationships between local authorities and maintained schools (section 96). 16 Part 6— a introduces Schedule 5, which makes minor and consequential amendments to other legislation arising from the provisions of this Act; b contains definitions that apply for the purposes of this Act generally and an index of definitions that apply to a number of provisions, but not the whole Act (section 98); c contains other provisions which apply generally for the purposes of this Act. PART 2 STANDARDS CHAPTER 1 INTERVENTION IN CONDUCT OF MAINTAINED SCHOOLS Grounds for intervention Grounds for intervention 2 For the purposes of this Chapter, the grounds for intervention in the conduct of a maintained school are as follows— GROUND 1 -The standards of performance of pupils at the school are unacceptably low. For this purpose, the standards of performance of pupils are low if they are low by reference to any one or more of the following— the standards that the pupils might in all the circumstances reasonably be expected to attain; where relevant, the standards previously attained by them; the standards attained by pupils at comparable schools. GROUND 2 - There has been a breakdown in the way the school is managed or governed. GROUND 3 - The behaviour of pupils at the school or any action taken by those pupils or their parents is severely prejudicing, or is likely to severely prejudice, the education of any pupils at the school. GROUND 4 - The safety of pupils or staff of the school is threatened (whether by a breakdown of discipline or otherwise). GROUND 5 - The governing body or head teacher has failed, or is likely to fail, to comply with a duty under the Education Acts. GROUND 6 -The governing body or head teacher has acted, or is proposing to act, unreasonably in the exercise of any of its or his or her functions under the Education Acts. GROUND 7 - Her Majesty's Chief Inspector of Education and Training in Wales (“the Chief Inspector”) has given a notice under section 37(2) of the Education Act 2005 that the school requires significant improvement and that notice has not been superseded by— the Chief Inspector giving notice under that section that special measures are required to be taken in relation to the school, or a person making a subsequent inspection making a report stating that in his or her opinion the school no longer requires significant improvement. GROUND 8 - Her Majesty's Chief Inspector of Education and Training in Wales has given a notice under section 37(2) of the Education Act 2005 that special measures are required to be taken in relation to the school and that notice has not been superseded by a person making a subsequent inspection making a report stating that in his or her opinion the school no longer requires special measures. Intervention by a local authority Warning notice 3 1 If a local authority is satisfied that one or more of grounds 1 to 6 exist in relation to one of its maintained schools, the authority may give a warning notice to the governing body of the school. 2 The local authority must specify each of the following in the warning notice— a the grounds for intervention; b the reasons why the authority is satisfied that the grounds exist; c the action the authority requires the governing body to take in order to deal with the grounds for intervention; d the period within which the action is to be taken by the governing body (“the compliance period”); e the action the authority is minded to take if the governing body fails to take the required action. 3 If the local authority gives a warning notice to the governing body of a school, it must at the same time give a copy of the warning notice to— a the head teacher; b if the school is a foundation or voluntary school— i the person who appoints the foundation governors, and ii if the school has a religious character, the appropriate religious body; c the Welsh Ministers. Power to intervene 4 1 A local authority has the power to intervene in the conduct of one of its maintained schools under this Chapter if subsection (2), (3) or (4) applies. 2 This subsection applies if— a the local authority has given a warning notice under section 3 to the governing body of the school, and b the governing body has failed to comply, or secure compliance, with the notice to the authority's satisfaction within the compliance period. 3 This subsection applies if the local authority is satisfied that one or more of grounds 1 to 6 exist in relation to the school and it has reason to believe that there is a related risk to the health or safety of any person that calls for urgent intervention under this Chapter. 4 This subsection applies if— a ground 7 (school requiring significant improvement) or ground 8 (school requiring special measures) exists in relation to the school, and b a period of not less than 10 days has elapsed since the date on which the Chief Inspector gave notice to the local authority under section 37(2) of the Education Act 2005, subject to subsection (5). 5 The Welsh Ministers may, in relation to a particular school, determine that subsection (4) (b) has effect as if the reference to 10 days were to a shorter period specified in the determination. 6 Where a local authority has the power to intervene, it must keep the circumstances giving rise to the power under review. 7 If the authority concludes that the grounds for intervention have been dealt with to its satisfaction or that exercise of its powers under this Chapter would not be appropriate for any other reason, it must notify the governing body of its conclusion in writing. 8 If a local authority gives notice under subsection (7), it must at the same time send a copy of the notice to— a in the case of a foundation or voluntary school— i the person who appoints the foundation governors, and ii if the school has a religious character, the appropriate religious body, and b the Welsh Ministers. 9 A local authority's power to intervene continues in effect until one of the following events takes place— a the authority gives notice under subsection (7); b the Welsh Ministers determine that the power to intervene is no longer in effect and give notice in writing to the local authority and the governing body of their determination; c the Welsh Ministers give a warning notice to the governing body of the school under section 10. 10 A local authority which has the power to intervene is not limited to taking the action it said it was minded to take in a warning notice. Power to require governing body to secure advice or collaborate 5 1 This section applies if a local authority has the power to intervene in the conduct of one of its maintained schools. 2 The local authority may, with a view to improving the performance of the school, direct the governing body of the school to do either or both of the following— a enter into a contract or other arrangement with a specified person (who may be the governing body of another school) for the provision to the governing body of specified services of an advisory nature; b exercise such of the powers under section 5(2) of the Education (Wales) Measure 2011 (powers to collaborate) as are specified in the direction, subject to provision made in regulations under section 6 of that Measure. 3 Before giving a direction the local authority must consult— a the governing body of the school, and b in the case of a foundation or voluntary school— i the person who appoints the foundation governors, and ii if the school has a religious character, the appropriate religious body. 4 A direction under subsection (2)(a) may require the contract or other arrangement to contain specified terms and conditions. Power to appoint additional governors 6 1 This section applies if a local authority has the power to intervene in the conduct of one of its maintained schools. 2 The local authority may appoint as many additional governors to the governing body of the school as it thinks fit; and the instrument of government for the school has effect as if it provided for such appointments (despite anything in regulations under section 19 of the Education Act 2002). 3 The local authority may nominate one of those governors to be the chair of the governing body in place of any person who has been elected as chair of that body. 4 Before making any such appointment or nomination in relation to a voluntary aided school, the local authority must consult— a the person who appoints the foundation governors, and b if the school has a religious character, the appropriate religious body. 5 A governor appointed under this section is to hold office for a period determined by the local authority. 6 A governor nominated by the local authority to be the chair of the governing body is to be the chair for a period determined by the local authority. 7 The local authority may pay remuneration and allowances to governors appointed under this section. Power of local authority to constitute governing body of interim executive members 7 1 This section applies if a local authority has the power to intervene in the conduct of one of its maintained schools. 2 The local authority may give the governing body of the school a notice in writing stating that, as from a date specified in the notice, the governing body is to be constituted in accordance with Schedule 1 (governing bodies consisting of interim executive members). 3 Before giving a notice the local authority must— a consult the governing body of the school, b in the case of a foundation or voluntary school, consult— i the person who appoints the foundation governors, and ii if the school has a religious character, the appropriate religious body, and c obtain the consent of the Welsh Ministers. Power of local authority to suspend right to delegated budget 8 1 This section applies if— a a local authority has the power to intervene in the conduct of a maintained school, and b the school has a delegated budget within the meaning of Part 2 of the School Standards and Framework Act 1998. 2 The local authority may suspend the governing body's right to a delegated budget by giving the governing body notice of the suspension. 3 The suspension of the right to a delegated budget takes effect on receipt of the notice by the governing body. 4 If the local authority gives a notice suspending the right to a delegated budget, it must give a copy of the notice to the head teacher at the same time. 5 A suspension imposed under this section has effect for the purposes of Chapter 4 of Part 2 of the School Standards and Framework Act 1998 (financing of maintained schools) as if made under paragraph 1 of Schedule 15 to that Act (suspension of financial delegation). General power to give directions and take steps 9 1 This section applies if the local authority has the power to intervene in the conduct of one of its maintained schools. 2 If the local authority thinks it is appropriate for the purposes of dealing with the grounds for intervention, the authority may— a give directions to the governing body or head teacher, or b take any other steps. Intervention by the Welsh Ministers Warning notice 10 1 The Welsh Ministers may give a warning notice to the governing body of a maintained school if— a they are satisfied that one or more of grounds 1 to 6 exist in relation to the school, and b the local authority that maintains the school either— i has not given a warning notice to the governing body under section 3 on one or more of those grounds, or ii has given a warning notice, but in terms that are inadequate in the opinion of the Welsh Ministers. 2 The Welsh Ministers must specify each of the following in the warning notice— a the grounds for intervention; b the reasons why they are satisfied that the grounds exist; c the action they require the governing body to take in order to deal with the grounds for intervention; d the period within which the action is to be taken by the governing body (“the compliance period”); e the action they are minded to take if the governing body fails to take the required action. 3 If the Welsh Ministers give a warning notice to the governing body of a school, they must at the same time as they give the warning notice to the governing body give a copy of the warning notice to— a the local authority; b the head teacher; c if the school is a foundation or voluntary school— i the person who appoints the foundation governors, and ii if the school has a religious character, the appropriate religious body. Power of the Welsh Ministers to intervene 11 1 The Welsh Ministers have the power to intervene in the conduct of a maintained school under this Chapter if subsection (2), (3), (4) or (5) applies. 2 This subsection applies if— a the local authority has given a warning notice under section 3 to the governing body of the school, b the governing body has failed to comply, or secure compliance, with the notice to the Welsh Ministers' satisfaction within the compliance period, and c the Welsh Ministers are satisfied that the local authority has not taken, and is not likely to take, adequate action for the purposes of dealing with the grounds for intervention. 3 This subsection applies if— a the Welsh Ministers have given a warning notice under section 10 to the governing body of the school, and b the governing body has failed to comply, or secure compliance, with the notice to the Welsh Ministers' satisfaction within the compliance period. 4 This subsection applies if the Welsh Ministers are satisfied that one or more of grounds 1 to 6 exist in relation to the school and they have reason to believe that there is a related risk to the health or safety of any person that calls for urgent intervention under this Chapter. 5 This subsection applies if— a ground 7 (school requiring significant improvement) or ground 8 (school requiring special measures) exists in relation to the school, and b a period of not less than 10 days has elapsed since the date on which the Chief Inspector gave notice to the Welsh Ministers under section 37(2) of the Education Act 2005, subject to subsection (6). 6 The Welsh Ministers may, in relation to a particular school, determine that subsection (5) (b) has effect as if the reference to 10 days were to a shorter period specified in the determination. 7 Where the Welsh Ministers have the power to intervene, they must keep the circumstances giving rise to the power under review. 8 If the Welsh Ministers conclude that the grounds for intervention have been dealt with to their satisfaction or that exercise of their powers under this Chapter would not be appropriate for any other reason, they must notify the governing body and the local authority of their conclusion in writing. 9 If the Welsh Ministers give notice under subsection (8) in relation to a foundation or voluntary school, they must at the same time, send a copy of the notice to— a the person who appoints the foundation governors, and b if the school has a religious character, the appropriate religious body. 10 The Welsh Ministers' power to intervene continues in effect until they give notice under subsection (8). 11 Where the Welsh Ministers have the power to intervene they are not limited to taking the action they said they were minded to take in a warning notice. Power to require governing body to secure advice or collaborate 12 1 This section applies if the Welsh Ministers have the power to intervene in the conduct of a maintained school. 2 The Welsh Ministers may, with a view to improving the performance of the school, direct the governing body of the school to do either or both of the following— a enter into a contract or other arrangement with a specified person (who may be the governing body of another school) for the provision to the governing body of specified services of an advisory nature; b exercise such of the powers under section 5(2) of the Education (Wales) Measure 2011 (powers to collaborate) as are specified in the direction, subject to provision made in regulations under section 6 of that Measure. 3 Before giving a direction the Welsh Ministers must consult— a the governing body of the school, and b in the case of a foundation or voluntary school— i the person who appoints the foundation governors, and ii if the school has a religious character, the appropriate religious body. 4 A direction under subsection (2)(a) may require the contract or other arrangement to contain specified terms and conditions. Power of Welsh Ministers to appoint additional governors 13 1 This section applies if the Welsh Ministers have the power to intervene in the conduct of a maintained school. 2 The Welsh Ministers may appoint as many additional governors to the governing body of the school as they think fit; and the instrument of government for the school has effect as if it provided for such appointments (despite anything in the regulations under section 19 of the Education Act 2002). 3 The Welsh Ministers may nominate one of those governors to be the chair of the governing body in place of any person who has been elected as chair of that body. 4 Before making any such appointment or nomination in relation to a voluntary aided school, the Welsh Ministers must consult— a the person who appoints the foundation governors, and b if the school has a religious character, the appropriate religious body. 5 A governor appointed under this section is to hold office for a period determined by the Welsh Ministers. 6 A governor nominated by the Welsh Ministers to be the chair of the governing body is to be the chair for a period determined by the Welsh Ministers. 7 The Welsh Ministers may pay remuneration and allowances to governors appointed under this section. 8 Where the Welsh Ministers have exercised their power under this section in relation to any school— a the local authority may not suspend the governing body's right to a delegated budget under paragraph 1 of Schedule 15 to the School Standards and Framework Act 1998, and b if the local authority has already exercised that power or its power under section 8, the Welsh Ministers may revoke the suspension. 9 Where the Welsh Ministers have exercised their power under this section in relation to a voluntary aided school, nothing in regulations under section 19 of the Education Act 2002 is to be read as authorising the appointment of foundation governors for the purpose of outnumbering the other governors as augmented by those appointed by the Welsh Ministers under this section. 10 The revocation of a suspension under subsection (8)(b)— a must be notified to the local authority in writing, and b takes effect from the date specified in that notification. Power of Welsh Ministers to constitute governing body of interim executive members 14 1 This section applies if the Welsh Ministers have the power to intervene in the conduct of a maintained school. 2 The Welsh Ministers may give the governing body of the school a notice in writing stating that, as from the date specified in the notice, the governing body is to be constituted in accordance with Schedule 1 (governing bodies consisting of interim executive members). 3 Before giving a notice the Welsh Ministers must consult— a the local authority that maintains the school, b the governing body of the school, and c in the case of a foundation or voluntary school— i the person who appoints the foundation governors, and ii if the school has a religious character, the appropriate religious body. 4 The Welsh Ministers are not obliged to consult the persons mentioned in subsection (3)(b) and (c) if the local authority has consulted them about the constitution of a governing body under section 7 on the basis of a power to intervene brought to an end by effect of section 4(9)(b) or (c). Power of Welsh Ministers to direct federation of schools 15 1 This section applies if the Welsh Ministers have the power to intervene in the conduct of a maintained school (“the school causing concern”). 2 The Welsh Ministers may direct any of the following persons to provide for one or more of the arrangements set out in subsection (3)— a a local authority; b a governing body of a maintained school; c a governing body of a federation. 3 The arrangements are— a the federation of the school causing concern and one or more maintained schools; b the federation of the school causing concern and an existing federation; c the federation of the school causing concern and an existing federation and one or more maintained schools; d where the school causing concern is part of a federation, the federation of that federation and one or more maintained schools; e where the school causing concern is part of a federation, the federation of that federation and another existing federation; f where the school causing concern is part of a federation, the federation of that federation and an existing federation and one or more maintained schools; g where the school causing concern is part of a federation, for the school to leave that federation. 4 Before giving a direction under subsection (2), the Welsh Ministers must consult— a the local authority, b the governing bodies concerned, and c in the case of a foundation or voluntary school— i the person who appoints the foundation governors, and ii if the school has a religious character, the appropriate religious body. 5 In this section “ federation ” has the meaning given by section 21(1) of the Education (Wales) Measure 2011. Power of Welsh Ministers to direct closure of school 16 1 This section applies if the Welsh Ministers have the power to intervene in the conduct of a maintained school on the basis of ground 8 (school requiring special measures). 2 The Welsh Ministers may give a direction to the local authority requiring the school to be discontinued on a date specified in the direction. 3 Before giving a direction under subsection (2), the Welsh Ministers must consult— a the local authority that maintains the school, b the governing body of the school, c in the case of a foundation or voluntary school— i the person who appoints the foundation governors, and ii if the school has a religious character, the appropriate religious body, and d any other persons the Welsh Ministers consider appropriate. 4 On giving a direction to discontinue the school, the Welsh Ministers must also give notice in writing of the direction to the governing body of the school and its head teacher. 5 Where the local authority is given a direction under subsection (2), it must discontinue the school in question on the date specified in the direction; and nothing in Part 3 applies to the discontinuance of the school under this section. 6 In this section any reference to the discontinuance of a maintained school is to the local authority ceasing to maintain it. General power to give directions and take steps 17 1 This section applies if the Welsh Ministers have the power to intervene in the conduct of a maintained school. 2 If the Welsh Ministers think it is appropriate for the purposes of dealing with the grounds for intervention, the Welsh Ministers may— a give directions to the governing body or head teacher, or b take any other steps. Supplementary Governing bodies consisting of interim executive members 18 Schedule 1 (appointment of members of interim executive boards, the functions of boards, their procedures and related matters) has effect. Directions 19 1 A governing body of a maintained school or a head teacher subject to a direction under this Chapter must comply with it. 2 This includes a direction to exercise a power or duty that is contingent upon the opinion of the governing body or head teacher. 3 A direction under this Chapter— a must be in writing; b may be varied or revoked by a later direction; c is enforceable by mandatory order on application by, or on behalf of, the person who gave the direction. Guidance 20 In exercising its functions under this Chapter, a local authority must have regard to guidance given by the Welsh Ministers. CHAPTER 2 INTERVENTION IN LOCAL AUTHORITIES Grounds for intervention Grounds for intervention 21 For the purposes of this Chapter, the grounds for intervention in the exercise by a local authority of its education functions are as follows— GROUND 1 - The local authority has failed, or is likely to fail, to comply with a duty that is an education function. GROUND 2 - The local authority has acted, or is proposing to act, unreasonably in the exercise of an education function. GROUND 3 - The local authority is failing, or is likely to fail, to perform an education function to an adequate standard. Warning notice Warning notice 22 1 The Welsh Ministers may give a warning notice to a local authority if they are satisfied that one or more of grounds 1 to 3 exist in relation to the local authority. 2 The Welsh Ministers must specify each of the following in the warning notice— a the grounds for intervention; b the reasons why they are satisfied that the grounds exist; c the action they require the local authority to take in order to deal with the grounds for intervention; d the period within which the action is to be taken by the local authority (“the compliance period”); e the action they are minded to take if the local authority fails to take the required action. Powers of intervention Power of Welsh Ministers to intervene 23 1 The Welsh Ministers have the power to intervene under this Chapter in the exercise of education functions by a local authority if subsection (2) or (3) applies. 2 This subsection applies if— a the Welsh Ministers have given a warning notice, and b the local authority has failed to comply, or secure compliance, with the notice to the Welsh Ministers' satisfaction within the compliance period. 3 This subsection applies if the Welsh Ministers are satisfied that one or more of grounds 1 to 3 exist in relation to the local authority and they have reason to believe that— a there is a related risk to the health or safety of any person that calls for urgent intervention under this Chapter, or b the local authority is unlikely to be able to comply, or secure compliance, with a warning notice. 4 Where the Welsh Ministers have the power to intervene, they must keep the circumstances giving rise to the power under review. 5 If the Welsh Ministers conclude that the grounds for intervention have been dealt with to their satisfaction or that exercise of their powers under this Chapter would not be appropriate for any other reason, they must notify the local authority of their conclusion in writing. 6 The Welsh Ministers' power to intervene continues in effect until they give notice under subsection (5). 7 Where the Welsh Ministers have the power to intervene, they are not limited to taking the action they said they were minded to take in a warning notice. Power to require local authority to obtain advisory services 24 1 This section applies if the Welsh Ministers have the power to intervene in the exercise of education functions by a local authority. 2 The Welsh Ministers may direct the local authority to enter into a contract or other arrangement with a specified person, or a person falling within a specified class for the provision to the authority or the governing body of a school maintained by it (or both), of specified services of an advisory nature. 3 The direction may require the contract or other arrangement to contain specified terms and conditions. 4 In this section “ specified ” means specified in a direction under this section. Power to require performance of functions by other persons on behalf of authority 25 1 This section applies if the Welsh Ministers have the power to intervene in the exercise of education functions by a local authority. 2 The Welsh Ministers may give such directions to the local authority or any of its officers as they think are appropriate for securing that the functions to which the grounds for intervention relate are performed on behalf of the authority by a person specified in the direction. 3 A direction under subsection (2) may require that any contract or other arrangement made by the authority with the specified person contains terms and conditions specified in the direction. 4 If a direction under subsection (2) is in force, the functions of the local authority to which it relates are to be treated for all purposes as being exercisable by the specified person. Power to require performance of functions by Welsh Ministers or nominee 26 1 This section applies if the Welsh Ministers have the power to intervene in the exercise of education functions by a local authority. 2 The Welsh Ministers may direct that the functions to which the grounds for intervention relate are to be exercised by the Welsh Ministers or a person nominated by them. 3 If a direction is made under subsection (2), the local authority must comply with the instructions of the Welsh Ministers or their nominee in relation to the exercise of the functions. 4 If a direction under subsection (2) is in force, the functions of the local authority to which it relates are to be treated for all purposes as being exercisable by the Welsh Ministers or their nominee. Power to direct exercise of other education functions 27 1 If the Welsh Ministers think it is expedient, a direction under section 25 or 26 may relate to the performance of education functions in addition to the functions to which the grounds for intervention relate. 2 The Welsh Ministers may have regard (among other things) to financial considerations in deciding whether it is expedient that a direction should relate to education functions other than functions relating to the grounds for intervention. General power to give directions and take steps 28 1 This section applies if the Welsh Ministers have the power to intervene in the exercise of education functions by a local authority. 2 If the Welsh Ministers think it is appropriate in order to deal with the grounds for intervention, the Welsh Ministers may— a give directions to the local authority or any of its officers, or b take any other steps. Supplementary Directions 29 1 A local authority, or an officer of an authority, subject to a direction or instruction under this Chapter must comply with it. 2 This includes a direction or an instruction to exercise a power or duty that is contingent upon the opinion of the local authority or an officer of the authority. 3 A direction under this Chapter— a must be in writing; b may be varied or revoked by a later direction; c is enforceable by mandatory order on application by, or on behalf of, the Welsh Ministers. Duty to co-operate 30 1 A local authority and the governing body of a maintained school must give the Welsh Ministers and any person specified in subsection (3) as much assistance in connection with the exercise of functions under or by virtue of this Chapter as they are reasonably able to give. 2 The governing body of a maintained school and the local authority that maintains the school must also secure, so far as reasonably practicable, that persons who work at the school do the same. 3 The specified persons are— a any person authorised for the purposes of this section by the Welsh Ministers; b any person acting under directions under this Chapter; c any person assisting— i the Welsh Ministers, or ii a person mentioned in paragraph (a) or (b). Powers of entry and inspection 31 1 A person falling within subsection (2) has at all reasonable times— a a right of entry to the premises of the local authority in question and any school maintained by it; b a right to inspect, and take copies of, any records or other documents kept by the authority or any school maintained by it, and any other documents containing information relating to the authority or any such school, which the person considers relevant to the exercise by the person of functions under or by virtue of this Chapter. 2 The following persons fall within this subsection— a the person specified in a direction under section 24 or, where the direction specifies a class of persons, the person with whom the local authority enter into the contract or other arrangement required by the direction; b the person specified in a direction under section 25; c the Welsh Ministers in pursuance of a direction under section 26; d the person nominated by direction under section 26. 3 In exercising the right under subsection (1)(b) to inspect records or other documents, a person (“P”)— a is entitled to have access to, and inspect and check the operation of, any computer and any associated apparatus or material which is or has been in use in connection with the records or other documents in question, and b may require the following persons to provide any assistance P may reasonably require (including, among other things, the making of information available for inspection or copying in a legible form)— i the person by whom or on whose behalf the computer is or has been so used; ii any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material. 4 Any reference in this section to a person falling within subsection (2) includes a reference to any person assisting that person. 5 In this section “document” and “records” each include information recorded in any form. CHAPTER 3 SCHOOL IMPROVEMENT GUIDANCE Meaning of “school authority” 32 In this Chapter “school authority”means— a a local authority in the exercise of its education functions; b the governing body of a maintained school; c the head teacher of a maintained school. Power to issue school improvement guidance 33 1 The Welsh Ministers may issue guidance to a school authority on how the authority should exercise its functions with a view to improving the standard of education provided by any maintained school in respect of which the authority exercises functions (“school improvement guidance”). 2 The Welsh Ministers— a may issue school improvement guidance to school authorities generally or to one or more particular authorities; b may issue different school improvement guidance to different school authorities; c may revise or revoke school improvement guidance by further guidance; d may revoke school improvement guidance by issuing a notice to the school authorities to which it is directed. 3 The Welsh Ministers must ensure that school improvement guidance, or a notice revoking such guidance, states— a that it is issued under this section, and b the date on which it is to take effect. 4 The Welsh Ministers must arrange for school improvement guidance, or a notice revoking such guidance, to be published. Consultation and National Assembly for Wales procedures 34 1 Before issuing or revising school improvement guidance, the Welsh Ministers must consult the following persons on a draft of the guidance— a school authorities likely to be affected by the guidance, b Her Majesty's Chief Inspector of Education and Training in Wales, and c any other person the Welsh Ministers consider appropriate. 2 If the Welsh Ministers wish to proceed with the draft (with or without modifications) they must lay a copy of the draft before the National Assembly for Wales. 3 If, before the end of the 40 day period, the National Assembly resolves not to approve the draft of the guidance, the Welsh Ministers must not issue it in the form of that draft. 4 If no such resolution is made before the end of that period, the Welsh Ministers must issue the guidance (or revised guidance) in the form of the draft. 5 The 40 day period— a begins on the day on which the draft is laid before the National Assembly, and b does not include any time during which the National Assembly is dissolved or is in recess for more than four days. 6 Subsection (3) does not prevent a new draft of proposed guidance or proposed revised guidance from being laid before the National Assembly. Duty to follow school improvement guidance 35 1 A school authority must follow the course set out in school improvement guidance issued to it in accordance with this Chapter when exercising a power or duty (including a power or duty that is contingent upon the opinion of the school authority); but this is subject to the following provisions of this section. 2 A school authority that is a local authority is not subject to the duty under subsection (1) so far as— a the authority thinks there is good reason for it not to follow the guidance in particular categories of case or at all, b it decides on an alternative policy for the exercise of its functions in respect of the subject matter of the guidance, and c a policy statement issued by the authority in accordance with section 36 is in effect. 3 A school authority that is the governing body of a maintained school or its head teacher is not subject to the duty under subsection (1) so far as— a the governing body thinks there is good reason for it or the head teacher not to follow the guidance in particular categories of case or at all, b the governing body decides on an alternative policy for the exercise of its, or the head teacher's, functions in respect of the subject matter of the guidance, and c a policy statement issued by the governing body in accordance with section 36 is in effect. 4 Where subsection (2) or (3) applies in the case of a school authority, the authority— a must follow the course set out in the policy statement, and b is subject to the duty under subsection (1) only so far as the subject matter of the school improvement guidance is not displaced by the policy statement. 5 The duties in subsections (1) and (4) do not apply to a school authority so far as it would be unreasonable for the authority to follow the school improvement guidance or policy statement in a particular case or category of case. Policy statements: requirements and ancillary powers 36 1 A policy statement issued under section 35(2) or (3) must set out— a how the local authority or governing body (as the case may be) proposes that functions should be exercised differently from the course set out in the school improvement guidance, and b the authority's or the body's reasons for proposing that different course. 2 An authority or body that has issued a policy statement may— a issue a revised policy statement; b give notice revoking a policy statement. 3 A policy statement (or revised statement) must state— a that it is issued under section 35(2) or (3) (as the case may be), and b the date on which it is to take effect. 4 The authority or body that issues a policy statement (or revised statement), or gives a notice under subsection (2)(b), must— a arrange for a statement or notice to be published; b send a copy of any statement or notice to the Welsh Ministers. Directions 37 1 Subsection (2) applies if, in relation to a policy statement issued by a school authority, the Welsh Ministers consider that the authority's alternative policy for the exercise of functions (in whole or in part) is not likely to improve the standard of education provided at a school to which the policy statement relates. 2 The Welsh Ministers may direct the school authority to take any action which the Welsh Ministers consider appropriate for the purpose of securing the exercise of functions by the authority in accordance with the school improvement guidance issued to the authority in accordance with this Chapter. 3 A school authority subject to a direction under this section must comply with it. 4 This includes a direction to exercise a power or duty that is contingent upon the opinion of the school authority. 5 A direction under this section— a must be given in writing; b may be varied or revoked by a later direction; c is enforceable by mandatory order on application by, or on behalf of, the Welsh Ministers. PART 3 SCHOOL ORGANISATION CHAPTER 1 SCHOOL ORGANISATION CODE School Organisation Code 38 1 The Welsh Ministers must issue, and may from time to time revise, a code on school organisation (“ the Code ”). 2 The Code is to contain provision about the exercise of the functions of the following persons under this Part— a the Welsh Ministers; b local authorities; c governing bodies of maintained schools; ca the Commission for Tertiary Education and Research; d other persons in connection with proposals made (or to be made) by them under this Part. 3 The Code may impose requirements, and may include guidelines setting out aims, objectives and other matters. 4 The persons referred to in subsection (2) must, when exercising functions under this Part— a act in accordance with any relevant requirements contained in the Code, and b have regard to any relevant guidelines contained in it. 5 The duty imposed by subsection (4) also applies to a person exercising a function for the purpose of the discharge of functions under this Part by— a the Welsh Ministers, b a local authority, c the governing body of a maintained school, ... ca the Commission for Tertiary Education and Research, or d other persons in connection with proposals made (or to be made) by them under this Part. 6 The Welsh Ministers must publish the Code for the time being in force on their website. 7 The Welsh Ministers may make separate provision (by means of separate codes) in relation to different functions under this Part of the persons mentioned in subsection (2). 8 References in this section to “the Code” or to functions under this Part have effect, in relation to a separate code, as references to that code or to functions under this Part to which it relates. Making and approval of School Organisation Code 39 1 Before issuing or revising a code under section 38, the Welsh Ministers must consult the following persons on a draft of the code (or revised code)— a each local authority, b the governing body of each maintained school, c Her Majesty's Chief Inspector of Education and Training in Wales, ... ca the Commission for Tertiary Education and Research, and d any other person the Welsh Ministers consider appropriate. 2 If the Welsh Ministers wish to proceed with the draft (with or without modifications) they must lay a copy of the draft before the National Assembly for Wales. 3 If, before the end of the 40 day period, the National Assembly resolves not to approve the draft of the code, the Welsh Ministers must not issue the proposed code in the form of that draft. 4 If no such resolution is made before the end of that period— a the Welsh Ministers must issue the code (or revised code) in the form of the draft, and b the code (or revised code) comes into force on the date appointed by order of the Welsh Ministers. 5 The 40 day period— a begins on the day on which the draft is laid before the National Assembly for Wales, and b does not include any time during which the National Assembly for Wales is dissolved or is in recess for more than four days. 6 Subsection (3) does not prevent a new draft of a proposed code from being laid before the National Assembly. 7 References in this section to a proposed code include a proposed revised code. 8 The requirement to consult imposed by subsection (1) may be satisfied by consultation undertaken before the coming into force of this Part even though the code issued under section 38(1) takes account (to any extent) of any provision made by this Part. CHAPTER 2 SCHOOL ORGANISATION PROPOSALS Establishment, alteration and discontinuance of maintained schools Restriction on establishment, alteration and discontinuance of maintained schools 40 1 A new community school, voluntary school or community special school may be established in Wales only in accordance with this Part. 2 No new foundation school or foundation special school may be established in Wales. 3 A maintained school may be discontinued only in accordance with this Part. 4 An alteration which is a regulated alteration in relation to the type of school in question may be made to a maintained school only in accordance with this Part. 5 No alteration may be made to a maintained school that changes the religious character of the school or causes a school to acquire or lose a religious character. 6 Subsection (3) has effect subject to section 16(5) (power of Welsh Ministers to direct closure of school). 7 Schedule 2 (which describes regulated alterations) has effect. Proposals to establish mainstream schools 41 1 A local authority may make proposals to establish— a a new community school, or b a new maintained nursery school. 2 Any person may make proposals to establish a new voluntary school. Proposals to alter mainstream schools 42 1 A local authority may make proposals— a to make a regulated alteration to a community school; b with the consent of the Welsh Ministers, to make an alteration described in paragraph 6 of Schedule 2 (opening or closing a school's sixth form) to a voluntary or foundation school; c to make an alteration described in paragraph 10, 11, 12 or 13 of Schedule 2 (increasing and reducing capacity) to a voluntary or foundation school if that school does not have a religious character; d to make a regulated alteration to a maintained nursery school. 2 The governing body of a foundation or voluntary school may make proposals to make a regulated alteration to the school. Proposals to discontinue mainstream schools 43 1 A local authority may make proposals to discontinue— a a community, foundation or voluntary school, or b a maintained nursery school. 2 The governing body of a foundation or voluntary school may make proposals to discontinue the school. Proposals to establish, alter or discontinue community special schools 44 A local authority may make proposals— a to establish a new community special school, b to make a regulated alteration to such a school, or c to discontinue such a school. Changes of category Proposals to change a school's category 45 1 The governing body of a community school may make proposals for the school to become a voluntary aided school or a voluntary controlled school. 2 The governing body of a voluntary aided school may make proposals for the school to become a community school or a voluntary controlled school (but see subsection (5)). 3 The governing body of a voluntary controlled school may make proposals for the school to become a community school or a voluntary aided school (but see subsection (5)). 4 The governing body of a foundation school may make proposals for the school to become a community school, a voluntary aided school or a voluntary controlled school (but see subsection (5)). 5 No proposals may be made for a foundation or voluntary school which has a religious character to become a community school. Restrictions on changing category of school 46 1 A maintained school within one of the categories set out in section 20(1) of the School Standards and Framework Act 1998 may become a school within another of those categories (except a foundation school or foundation special school) only in accordance with this Part. 2 A school may not change category to become a voluntary aided school unless the governing body of the school satisfies the Welsh Ministers that it will be able to carry out its obligations under Schedule 3 to the School Standards and Framework Act 1998 (funding of voluntary aided schools) for a period of at least five years following the date on which it is proposed that the change of category is to take place. 3 A voluntary or foundation school may not become a community school unless any transfer agreement and transfer of rights and liabilities agreement required by Part 3 of Schedule 4 has been entered into. Effect of change of category 47 1 A school's change of category in accordance with proposals made under section 45 is not to be taken as authorising or requiring any change in the character of the school (including, in particular, any religious character of the school). 2 A school's change of category in accordance with proposals made under section 45 is not to be taken as authorising a school to establish, join or leave a foundation body. Publication, consultation and objections Publication and consultation 48 1 A proposer must publish proposals made under this Chapter in accordance with the Code. 2 Before publishing proposals made under this Chapter, a proposer must consult on its proposals in accordance with the Code. 3 The requirement to consult does not apply to proposals to discontinue a school which is a small school (see section 56). 4 Before the end of 7 days beginning with the day on which they were published, the proposer must send copies of the published proposals to— a the Welsh Ministers, and b the local authority (if it is not the proposer) that maintains, or that it is proposed will maintain, the school to which the proposals relate. 5 The proposer must publish a report on the consultation it has carried out in accordance with the Code. Objections 49 1 Any person may object to proposals published under section 48. 2 Objections must be sent in writing to the proposer before the end of 28 days beginning with the day on which the proposals were published (“the objection period”). 3 The proposer must publish a summary of all objections made in accordance with subsection (2) (and not withdrawn) and its response to those objections— a in the case of a local authority that is required to determine its own proposals under section 53, before the end of 7 days beginning with the day of its determination under section 53(1), and b in all other cases, before the end of 28 days beginning with the end of the objection period. Approval and determination of proposals Approval by Welsh Ministers 50 1 Proposals published under section 48 require approval under this section if— a the proposals affect sixth form education and an objection has been made to the proposals in accordance with section 49(2) and has not been withdrawn in writing before the end of 28 days beginning with the end of the objection period , or b the proposals have been made by a proposer other than the relevant local authority and an objection has been made by that authority in accordance with section 49(2) and has not been withdrawn in writing before the end of 28 days beginning with the end of the objection period. 2 Proposals affect sixth form education if— a they are proposals to establish or discontinue a school providing education suitable only to the requirements of persons above compulsory school age, or b they are proposals to make a regulated alteration to a school, the effect of which would be that provision of education suitable to the requirements of persons above compulsory school age at the school increases or decreases. 3 Where proposals require approval under this section, the proposer must send a copy of the documents listed in subsection (4) to the Welsh Ministers before the end of 35 days beginning with the end of the objection period. 4 The documents are— a the report published under section 48(5), b the published proposals, c any objections made in accordance with section 49(2) (and not withdrawn), and d where objections have been so made (and not withdrawn), the response published under section 49(3). 5 Where proposals require approval under this section, the Welsh Ministers may— a reject the proposals, b approve them without modification, or c approve them with modifications— i after obtaining the consent of the proposer to the modifications, and ii (except where the governing body or local authority, as the case may be, is the proposer), after consulting the governing body (if any) of the school to which the proposals relate and the relevant local authority. 6 An approval may be expressed to take effect only if an event specified in the approval occurs by a date so specified. 7 The Welsh Ministers may, at the request of the proposer, specify a later date by which the event referred to in subsection (6) is to occur. 8 Subsection (1) does not prevent proposals from being withdrawn by notice in writing given by the proposer to the Welsh Ministers at any time before they are approved under this section. 9 No approval is required under this section for proposals made under section 43 or 44 to discontinue a school which is a small school (see section 56). 10 In this section “ relevant local authority ” means the local authority that maintains, or that it is proposed will maintain, the school to which the proposals relate. Approval by local authority 51 1 Proposals published under section 48 require approval under this section if— a they do not require approval under section 50, b they have been made by a proposer other than the relevant local authority, and c an objection to the proposals has been made in accordance with section 49(2) and has not been withdrawn in writing before the end of 28 days beginning with the end of the objection period. 2 Where proposals require approval under this section, the proposer must send a copy of the documents listed in subsection (3) to the relevant local authority before the end of 35 days beginning with the end of the objection period. 3 The documents are— a the report published under section 48(5), b the published proposals, c objections made in accordance with section 49(2) (and not withdrawn), and d the response published under section 49(3). 4 Where proposals require approval under this section, the relevant local authority may— a reject the proposals, b approve them without modification, or c approve them with any of the modifications specified in subsection (5)— i after obtaining the consent of the Welsh Ministers and the proposer to the modifications, and ii (except where the governing body is the proposer) after consulting the governing body (if any) of the school to which the proposals relate. 5 The relevant local authority may modify— a the date or dates specified in the published proposals as the date or dates on which the proposals are planned to be implemented; b the number of pupils specified in the published proposals as the number to be admitted to the school (in any age group and in any school year). 6 An approval may be expressed to take effect only if an event specified in the approval occurs by a date so specified. 7 The relevant local authority may, at the request of the proposer, specify a later date by which the event referred to in subsection (6) is to occur. 8 The relevant local authority must make a determination under subsection (4) whether to reject or approve the proposals before the end of 16 weeks beginning with the end of the objection period. 9 Subsection (1) does not prevent proposals from being withdrawn by notice in writing given by the proposer to the relevant local authority at any time before they are approved under this section. 10 No approval is required under this section for proposals made under section 43 or 44 to discontinue a school which is a small school (see section 56). 11 In this section “ relevant local authority ” means the local authority that maintains, or that it is proposed will maintain, the school to which the proposals relate. Related proposals 52 1 A proposer must send to the Welsh Ministers proposals (“proposals B”) it has made if— a it considers that they are related to proposals requiring approval under section 50 (“proposals A”), and b the proposer has not determined whether to implement proposals B under section 53 before the Welsh Ministers approve or reject proposals A. 2 If the Welsh Ministers consider that proposals B are related to proposals A, proposals B are to be treated as requiring approval under section 50. 3 A proposer must send to a local authority proposals (“proposals D”) it has made if— a it considers that they are related to proposals requiring the local authority's approval under section 51 (“proposals C”), and b the proposer has not determined whether to implement proposals D under section 53 before the local authority approves or rejects proposals C. 4 If the local authority considers that proposals D are related to proposals C, proposals D are to be treated as requiring approval under section 51. 5 The Welsh Ministers may require any other proposals to be treated as requiring approval under section 50 if— a they consider that they are related to proposals requiring their approval under section 50, and b the proposer has not determined whether to implement them under section 53 before the Welsh Ministers approve or reject the proposals requiring approval. 6 A local authority may require any other proposals to be treated as requiring approval under section 51 if— a it considers that they are related to proposals requiring its approval under section 51, and b the proposer has not determined whether to implement them under section 53 before the local authority approves or rejects the proposals requiring approval. 7 This section does not apply to proposals referred to a local inquiry under section 61 (local inquiry into proposals for the rationalisation of school places). Determination 53 1 Where any proposals published under section 48 do not require approval under section 50 or 51, the proposer must determine whether the proposals should be implemented. 2 If a determination under subsection (1) is not made before the end of 16 weeks beginning with the end of the objection period, the proposer is to be taken to have withdrawn the proposals. 3 Before the end of 7 days beginning with the day of its determination under subsection (1), the proposer must notify the following of the determination— a the Welsh Ministers; b (except where it is the proposer) the local authority that maintains, or that it is proposed will maintain, the school to which the proposals relate; c (except where it is the proposer) the governing body (if any) of the school to which the proposals relate. Referral to the Welsh Ministers 54 1 This section applies if a local authority has— a determined to approve or reject proposals under section 51(4), or b determined under section 53(1) to implement proposals to which there was an objection made in accordance with section 49 (and which was not withdrawn in writing before the end of 28 days beginning with the end of the objection period). 2 Before the end of 28 days beginning with the day of the local authority's determination under section 51(4) or 53(1), the following may refer the proposals to the Welsh Minister— a another local authority which is likely to be affected by the proposals; b a local authority in England which is likely to be affected by the proposals ; c the appropriate religious body for— i the school to which the proposals relate if it is, or is intended to be, a school which has a religious character, or ii any other school which has a religious character and which is likely to be affected by the proposals; d if the school to which the proposals relate is a foundation or voluntary school, the governing body of the school; e a trust holding property for the purpose of the school to which the proposals relate; f an institution within the further education sector which is likely to be affected by the proposals. 3 Whether an authority, school or institution is likely to be affected by the proposals for the purpose of subsection (2) is a question to be determined by the Welsh Ministers. 4 The Welsh Ministers must consider proposals referred to them under this section afresh and subsections (5) to (8) of section 50 apply as if the proposals required their approval under that section. 5 Proposals made under section 43 or 44 to discontinue a school which is a small school (see section 56) may not be referred to the Welsh Ministers under this section. 6 Proposals which the Welsh Ministers are required to consider under this section are not to be treated for the purposes of section 55 or 61 as proposals approved under section 51 or as proposals that the proposer has determined to implement under section 53. 7 Proposals approved in accordance with this section are to be treated for the purposes of section 55 as proposals approved under section 50. 8 Proposals rejected in accordance with this section are to be treated for the purposes of paragraph 35(3)(e) of Schedule 4 as proposals rejected under section 50. Implementation 55 1 This section applies to— a proposals approved under section 50 or 51, or b proposals which the proposer has determined under section 53 to implement. 2 The proposals must (subject to the following provisions of this section) be implemented in the form in which they were approved or determined to be implemented— a in the case of proposals made under section 41, 42, 43 or 44 (establishment, alteration or discontinuance of schools), in accordance with Schedule 3; b in the case of proposals made under section 45 (change of category), in accordance with Schedule 4. 3 The proposer may (subject to subsection (6)) determine to delay implementation for a period of up to three years from the date or dates specified in the proposals (as approved or determined) as the date or dates on which they are to be implemented, if it is satisfied— a that implementation of the proposals on that date or those dates would be unreasonably difficult, or b that circumstances have so altered since the proposals were approved under section 50 or 51 or determined under section 53, that implementation of the proposals on that date or those dates would be inappropriate. 4 In the case of proposals to discontinue a school made under section 43 or 44, the proposer may (subject to subsection (6)) determine to bring forward implementation by a period of up to 13 weeks from the date or dates specified in the proposals (as approved or determined) as the date or dates on which they are to be implemented. 5 The proposer may (subject to subsection (6)) determine that subsection (2) does not apply to proposals if it is satisfied— a that implementation of the proposals would be unreasonably difficult, or b that circumstances have so altered since the proposals were approved under section 50 or 51 or determined under section 53, that implementation of the proposals would be inappropriate. 6 In the case of proposals which have been approved under section 50 or 51, the proposer may only make a determination under subsection (3), (4) or (5) with the agreement of the Welsh Ministers. 7 Before the end of 7 days beginning with the day of the determination, the proposer must notify the following of any determination it makes under subsection (3), (4) or (5)— a the Welsh Ministers; b (except where it is the proposer) the local authority that maintains, or that it is proposed will maintain the school to which the proposals relate; c (except where it is the proposer) the governing body (if any) of the school to which the proposals relate. 8 Where, by virtue of subsection (5), subsection (2) ceases to apply to any proposals, those proposals are to be treated as if they had been rejected under section 50(5)(a) or 51(4)(a) or as if the proposer had determined under section 53 not to implement them. Interpretation of Chapter 2 56 1 In this Chapter— “ the Code ” (“ y Cod ”) means the code on school organisation issued under section 38(1); “ objection period ” (“ cyfnod gwrthwynebu ”) has the meaning given by section 49(2); “ proposer ” (“ cynigydd ”), in relation to proposals made under section 41, 42, 43, 44 or 45, is the local authority, the governing body or other person who has made the proposals; “ regulated alteration ” (“ newid rheoleiddiedig ”) means an alteration described in Schedule 2; “ small school ” (“ ysgol fach ”) means a school with fewer than 10 registered pupils on the third Tuesday in the January immediately preceding the date on which the proposals are made. 2 The Welsh Minsters may by order amend the definition of “small school” in subsection (1) so as to substitute a reference to a different date for the reference to the date for the time being specified. CHAPTER 3 RATIONALISATION OF SCHOOL PLACES Directions to make proposals for rationalisation of school places Directions to make proposals to remedy excessive or insufficient provision 57 1 This section applies where the Welsh Ministers are of the opinion that there is excessive provision, or that there is, or there is likely to be, insufficient provision, for primary or secondary education in maintained schools— a in the area of a local authority, or b in a part of such an area. 2 The Welsh Ministers may— a direct the local authority to exercise its powers to make proposals to establish, alter or discontinue schools, and b direct the governing body of a foundation or voluntary school maintained by the authority to exercise its powers to make proposals to alter its school. 3 A direction under subsection (2) must— a require the proposals to be published no later than the date specified in the direction, b require the proposals, in giving effect to the direction, to apply any principles specified in it, and c where the Welsh Ministers are of the opinion that there is, or there is likely to be, insufficient provision, specify the additional number of pupils to be accommodated. 4 A direction under subsection (2)(a) may not require the proposals to relate to a named school. Further provision about proposals made after a direction under section 57(2) 58 1 Proposals made in accordance with a direction under section 57(2) may not be withdrawn without the consent of the Welsh Ministers. 2 The Welsh Ministers may give consent for the purposes of subsection (1) subject to conditions. 3 The local authority must reimburse expenditure reasonably incurred by a governing body of a school maintained by it in making proposals in accordance with a direction under section 57(2). 4 Despite anything in Part 1 of Schedule 3 (responsibility for implementation of statutory proposals), the local authority must meet the cost of implementing proposals made by a governing body of a school maintained by the authority in accordance with a direction under section 57(2) which have been approved or determined to be implemented. Proposals by Welsh Ministers to rationalise school places Making and publication of proposals by Welsh Ministers 59 1 This section applies where— a the Welsh Ministers have made a direction under section 57(2), and b either— i proposals have been published in accordance with the direction, or ii the time allowed under the direction for the publication of the proposals has expired. 2 The Welsh Ministers may make any proposals that could have been made in accordance with the direction. 3 The proposals must be published in accordance with the code issued under section 38(1) for the time being in force. 4 The Welsh Ministers must send a copy of the proposals— a to the local authority for the area, and b to the governing body of each school to which the proposals relate. Procedure for dealing with proposals under section 59 Objections 60 1 Any person may object to proposals published under section 59. 2 Objections must be sent in writing to the Welsh Ministers before the end of 28 days beginning with the day on which the proposals were published. Local inquiry into proposals 61 1 This section applies where the Welsh Ministers have made proposals under section 59 (other than proposals made by virtue of section 62(1)) which they have not withdrawn. 2 If objections have been made in accordance with section 60(2), then, unless all objections so made have been withdrawn in writing within the 28 days referred to in that section, the Welsh Ministers must cause a local inquiry to be held. 3 The purpose of the local inquiry is to consider the Welsh Ministers' proposals, any other proposals the Welsh Ministers refer to the inquiry and the objections mentioned in subsection (2). 4 Proposals referred to a local inquiry under this section are to be determined under section 62, and sections 50, 51, 53, 54, 63F, 63G and 70 do not apply to them. 5 Where a local inquiry is required to be held, the Welsh Ministers must refer the proposals listed in subsection (6) to the inquiry if the proposals— a have not been determined before the proceedings on the inquiry begin, and b appear to the Welsh Ministers to be related to the proposals made under section 59 in respect of which the inquiry is to be held. 6 The proposals to be referred are— a any other proposals published under section 59 in relation to the area of the local authority (and not withdrawn); b any proposals made by that authority in the exercise of their powers to make proposals to establish, alter or discontinue schools (and not withdrawn); c any proposals made by the governing body of a foundation or voluntary school in the area in the exercise of its powers to make proposals to alter its school (and not withdrawn); d any proposals made under section 63C or 68 (and not withdrawn). 7 If, before the proceedings on the inquiry begin, the Welsh Ministers form the opinion that any proposals should be implemented, subsection (5) does not require them to refer those proposals to the inquiry unless they form a different opinion before— a the proceedings on the inquiry are concluded, or b (if earlier) the proposals are determined. 8 It is not open to the inquiry to question the principles specified in a direction under section 57(2) or 63A(1) . 9 References in this section to the determination of proposals are to— a a determination whether or not to adopt or approve the proposals under section 50, 51, 62, 63F or 70 ; b a determination whether or not to implement the proposals under section 53 or 63G ; c a determination whether or not to approve proposals referred to the Welsh Ministers under section 54. Adoption of proposals 62 1 Where a local inquiry has been held, the Welsh Ministers may, after considering the report of the person appointed to hold the inquiry, do one or more of the following— a adopt, with or without modifications, or determine not to adopt any of the proposals made by the Welsh Ministers (including proposals made by them referred under section 61(5)) and considered by the inquiry; b approve, with or without modifications, or reject any other proposals which were referred to the inquiry under section 61(5); c make further proposals under section 59. 2 If the Welsh Ministers make further proposals under section 59 in accordance with subsection (1)(c), the requirement in section 61(2) to cause a local inquiry to be held does not apply. 3 Where the Welsh Ministers have published proposals under section 59 which are not required to be considered by a local inquiry, they may, after considering any objections made in accordance with section 60(2) (and not withdrawn)— a adopt the proposals with or without modifications, or b determine not to adopt the proposals. 4 The adoption or approval of proposals may be expressed to take effect only if an event specified in the adoption or approval occurs by a date so specified. Implementation of proposals 63 1 Proposals adopted or approved by the Welsh Ministers under section 62 have effect as if they had been approved by the Welsh Ministers under section 50 after having been made— a by the local authority under its powers to make proposals to establish, alter or discontinue schools, or b in the case of proposals to alter a foundation or voluntary school, by the governing body under its powers to make proposals to alter its school. 2 Despite anything in Part 1 of Schedule 3 (responsibility for implementation of statutory proposals), the local authority that maintains the school in question must meet the cost of implementing proposals adopted or approved under section 62 which have effect as mentioned in subsection (1)(b). CHAPTER 3A PROPOSALS FOR RESTRUCTURING SIXTH FORM PROVISION Directions by the Commission to make sixth form proposals 63A 1 The Commission may, in accordance with the Code— a direct a local authority to exercise its powers to make proposals to— i establish or discontinue a school providing education suitable only to the requirements of persons over compulsory school age, or ii make an alteration described in Schedule 2 to a school, the effect of which would be that provision of education suitable to the requirements of persons over compulsory school age at the school increases or decreases. b direct the governing body of a foundation or voluntary school to exercise its powers to make an alteration described in Schedule 2 to a school, the effect of which would be that provision of education suitable to the requirements of persons over compulsory school age at the school increases or decreases. 2 A direction under subsection (1) must— a require the proposals to be published no later than the date specified in the direction, and b require the proposals, in giving effect to the direction, to apply any principles specified in it. Further provision about proposals made after a direction under section 63A(1) 63B 1 Proposals made in accordance with a direction under section 63A(1) may not be withdrawn without the consent of the Commission. 2 The Commission may give consent for the purposes of subsection (1) subject to conditions. 3 A local authority must reimburse expenditure reasonably incurred by a governing body of a school maintained by it in making proposals in accordance with a direction under section 63A(1). 4 Despite anything in Part 1 of Schedule 3 (responsibility for implementation of statutory proposals), a local authority must meet the cost of implementing proposals made by a governing body of a school maintained by it in accordance with a direction under section 63A(1) which have been approved or determined to be implemented. Making of proposals by the Commission 63C 1 This section applies where— a the Commission has made a direction under section 63A(1), and b either— i proposals have been published in accordance with the direction, or ii the time allowed under the direction for the publication of the proposals has expired. 2 The Commission may make any proposals that could have been made in accordance with the direction. 3 But the Commission must obtain the consent of the Welsh Ministers before making a proposal to make an alteration described in paragraph 6 of Schedule 2 (opening or closing a school’s sixth form) to a voluntary or foundation school. 4 Where the Commission makes proposals under this section, any proposals that have been made by a local authority or governing body and published in accordance with the direction are to be treated as having been withdrawn. Publication of Commission’s proposals and consultation 63D 1 The Commission must publish proposals made under section 63C in accordance with the Code. 2 Before publishing proposals made under section 63C, the Commission must consult on its proposals in accordance with the Code. 3 The requirement to consult does not apply to proposals to discontinue a school which is a small school within the meaning given by section 56. 4 Before the end of 7 days beginning with the day on which they were published, the Commission must send copies of the published proposals to— a the Welsh Ministers, b the local authority that maintains, or that it is proposed will maintain, the school to which the proposals relate, and c the governing body (if any) of the school to which the proposals relate. 5 The Commission must publish a report on the consultation it has carried out in accordance with the Code. Objections to the Commission’s proposals 63E 1 Any person may object to proposals published under section 63D. 2 Objections must be sent in writing to the Commission before the end of 28 days beginning with the day on which the proposals were published (“the objection period”). 3 The Commission must publish a summary of all objections made in accordance with subsection (2) (and not withdrawn) and its response to those objections before the end of 28 days beginning with the end of the objection period. Approval by Welsh Ministers 63F 1 Proposals published by the Commission under section 63D require approval under this section if an objection has been made in accordance with section 63E(2) and has not been withdrawn in writing before the end of 28 days beginning with the end of the objection period. 2 Where proposals require approval under this section, the Commission must send a copy of the documents listed in subsection (3) to the Welsh Ministers before the end of 35 days beginning with the end of the objection period. 3 The documents are— a the report published under section 63D(5), b the published proposals, c any objections made in accordance with section 63E(2) (and not withdrawn), and d where objections have been so made (and not withdrawn), the response published under section 63E(3). 4 Where proposals require approval under this section, the Welsh Ministers may— a reject the proposals, b approve them without modification, or c approve them with modifications— i after obtaining the consent of the Commission to the modifications, and ii after consulting the local authority that maintains, or that it is proposed will maintain, the school to which the proposals relate and the governing body (if any) of the school to which the proposals relate. 5 An approval may be expressed to take effect only if an event specified in the approval occurs by a date so specified. 6 The Welsh Ministers may, at the request of the Commission, specify a later date by which the event referred to in subsection (5) is to occur. 7 Subsection (1) does not prevent proposals from being withdrawn by notice in writing given by the Commission to the Welsh Ministers at any time before they are approved under this section. 8 No approval is required under this section for proposals to discontinue a school which is a small school within the meaning given by section 56. Determination 63G 1 Where proposals published under section 63D do not require approval under section 63F, the Commission must determine whether the proposals should be implemented. 2 If a determination under subsection (1) is not made before the end of 16 weeks beginning with the end of the objection period, the Commission is to be taken to have withdrawn the proposals. 3 Before the end of 7 days beginning with the day of its determination under subsection (1), the Commission must notify the following of the determination— a the Welsh Ministers; b the local authority that maintains, or that it is proposed will maintain, the school to which the proposals relate; c the governing body (if any) of the school to which the proposals relate. Implementation of proposals 63H 1 Proposals approved by the Welsh Ministers under section 63F or determined to be implemented by the Commission under section 63G have effect as if they had been approved by the Welsh Ministers under section 50 after having been made— a by the local authority under its powers to make proposals to establish, alter or discontinue schools, or b in the case of proposals to alter a foundation or voluntary school, by the governing body under its powers to make proposals to alter its school. 2 Despite anything in Part 1 of Schedule 3 (responsibility for implementation of statutory proposals), the local authority that maintains the school in question must meet the cost of implementing proposals approved under section 63F or determined to be implemented under section 63G which have effect as mentioned in subsection (1)(b). Interpretation of Chapter 3A 63I In this Chapter— “ the Code ” (“ y Cod ”) means the code on school organisation issued under section 38(1); “ the Commission ” (“ y Comisiwn ) means the Commission for Tertiary Education and Research. CHAPTER 4 REGIONAL PROVISION FOR SPECIAL EDUCATIONAL ADDITIONAL LEARNING NEEDS Meaning of “regional provision” and “ special education additional learning needs functions” 64 In this Chapter— “ regional provision ” (“ darpariaeth ranbarthol ”) means— provision of education for children belonging to the areas of different local authorities, at a school maintained by one of those authorities, or provision made by two or more local authorities for goods or services to be supplied by one of the authorities— to the other or others, or to one or more governing bodies of schools maintained by the other authority or authorities; “special education functions” (“”) means functions under Part 4 of the Education Act 1996 (special educational needs). ”additional learning needs functions” (“ swyddogaethau anghenion dysgu ychwanegol ”) means functions under Part 2 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018. Direction to consider making regional provision 65 1 The Welsh Ministers may direct local authorities to consider whether they (or any of them) would be able to carry out their special education functions additional learning needs functions , in respect of children with the special educational needs additional learning needs specified in the direction, more efficiently or effectively if regional provision were made. 2 The authorities to whom a direction is given must report their conclusions to the Welsh Ministers no later than the time specified in the direction. 3 A direction under this section may be given to local authorities generally or to one or more authorities specified in the direction. Directions to make proposals to secure regional provision 66 1 This section applies where the Welsh Ministers are of the opinion that two or more local authorities would be able to carry out their special education additional learning needs functions, in respect of children falling within a particular description, more effectively or efficiently if regional provision were made in relation to the areas of those authorities. 2 The Welsh Ministers may give one or more of the directions specified in subsection (3) for the purpose of securing that regional provision is made in relation to the description of children from the areas specified in the direction. 3 The directions are— a that a local authority exercise its powers to make proposals to establish, alter or discontinue schools; b that the governing body of a foundation or voluntary school exercise its powers to make proposals to alter its school; c that two or more local authorities make arrangements under which— i provision for education is made by one of the authorities in respect of persons from the area (or areas) of the other authority (or authorities), and ii provision is made for determining the payments to be made under the arrangements in respect of the provision of that education; d that two or more local authorities make arrangements that provide for one of those authorities to supply to the other (or others) goods or services to be specified in the arrangements on terms (including terms as to payment) to be so specified; e that a local authority and the governing bodies of one or more foundation or voluntary schools make arrangements that provide for the authority to supply to the governing bodies goods or services to be specified in the arrangements, on terms (including terms as to payment) to be so specified. 4 Where the Welsh Ministers give a direction under subsection (3)(c) and a direction under subsection (3)(a) or (3)(b), the payments to which subsection (3)(c) refers may include an amount in respect of the costs connected with the establishment, alteration or discontinuance of the school in question. 5 A direction under subsection (3)(a) or (3)(b)— a must require the proposals in question to be published no later than the date specified in the direction, and b must require the body making the proposals to send a copy of the published proposals, together with other information (of a kind specified in the direction) in connection with those proposals to the Welsh Ministers. Further provision about proposals made after a direction under section 66 67 1 Proposals made in accordance with a direction under section 66 may not be withdrawn without the consent of the Welsh Ministers. 2 The Welsh Ministers may give consent for the purposes of subsection (1) subject to conditions. 3 The local authority must reimburse expenditure reasonably incurred by the governing body of a school maintained by it in making proposals in accordance with a direction under section 66. 4 Despite anything in Part 1 of Schedule 3 (responsibility for implementation of statutory proposals), the local authority must meet the cost of implementing proposals made by the governing body of a school maintained by the authority in accordance with a direction under section 66 which have been approved or determined to be implemented. Proposals by Welsh Ministers 68 1 This section applies where— a the Welsh Ministers have given a direction under section 66, and b either— i proposals have been published in accordance with the direction, or ii the time allowed under the direction for the publication of the proposals has expired. 2 The Welsh Ministers may make any proposals that could have been made in accordance with the direction. 3 Before publishing proposals under this section, the Welsh Ministers must consult on the proposals in accordance with the code issued under section 38(1) for the time being in force. 4 The proposals must be published in accordance with the code issued under section 38(1) for the time being in force. 5 The Welsh Ministers must send a copy of the proposals to— a local authorities whose areas are affected by the proposals, and b the governing body of each school to which the proposals relate. Objections 69 1 Any person may object to proposals published under section 68. 2 Objections must be sent in writing to the Welsh Ministers before the end of 28 days beginning with the day on which the proposals were published. Adoption of proposals 70 1 The Welsh Ministers may, after considering any objections made in accordance with section 69 (and not withdrawn)— a adopt the proposals with or without modifications, or b determine not to adopt the proposals. 2 The adoption of proposals may be expressed to take effect only if an event specified in the adoption occurs by a date so specified. 3 Proposals adopted by the Welsh Ministers have effect as if they had been approved by the Welsh Ministers under section 50 after having been made— a by the local authority under its powers to make proposals to establish, alter or discontinue schools, or b in the case of proposals to alter a foundation or voluntary school, by the governing body under its powers to make proposals to alter its school. 4 Despite anything in Part 1 of Schedule 3 (responsibility for implementation of statutory proposals), the local authority that maintains the school in question must meet the cost of implementing proposals adopted under subsection (1) which have effect as mentioned in subsection (3)(b). CHAPTER 5 PROPOSALS FOR RESTRUCTURING SIXTH FORM EDUCATION Making and determining proposals Welsh Ministers' powers to restructure sixth form education 71 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Consultation, publication and objections 72 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Determination by Welsh Ministers 73 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Implementation of proposals for restructuring sixth form education Form of implementation 74 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Responsibility for implementation 75 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Further provision as to implementation 76 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Supplementary Consequential amendments to inspection reports on sixth form education 77 After section 44 of the Education Act 2005 insert— Sixth forms requiring significant improvement in Wales Schools with sixth forms 44A 1 Sections 44B to 44D apply to a maintained school in Wales which— a provides full-time education suitable to the requirements of pupils over compulsory school age, and b provides full-time education suitable to the requirements of pupils of compulsory school age. 2 For the purposes of those sections a school requires significant improvement in relation to its sixth form if— a the school is failing to give its pupils over compulsory school age an acceptable standard of education, or b in relation to its provision for pupils over compulsory school age, the school is performing significantly less well than it might in all the circumstances reasonably be expected to perform. Inspection reports on schools with sixth forms requiring significant improvement 44B 1 Where a person inspecting a school under Chapter 3 is of the opinion that the school requires significant improvement in relation to its sixth form, the provisions specified in subsection (2) apply (with the necessary modifications) as they apply where the person is of the opinion that special measures are required to be taken in relation to the school. 2 Those provisions are section 34(1) to (6) (registered inspectors) or, as the case requires, section 35(1) of that Act (members of the Inspectorate). Report after area inspection on schools with sixth forms requiring significant improvement 44C 1 This section applies if in the course of an area inspection under section 83 of the Learning and Skills Act 2000 the Chief Inspector forms the opinion that a school requires significant improvement in relation to its sixth form. 2 The Chief Inspector must make a report about the school stating that opinion. 3 The report is to be treated for the purposes of this Part as if it were a report of an inspection of the school under section 28. Copies of report and action plan 44D 1 This section applies to a report of an inspection under Chapter 3 which— a states an opinion that a school requires significant improvement in relation to its sixth form, and b is made by a member of the Inspectorate or states that the Chief Inspector agrees with the opinion. 2 The person making the report must send a copy (together with a copy of the summary, if there is one)— a to the Welsh Ministers, and b if the person making the report is a member of the Inspectorate, to the appropriate authority for the school. 3 The following provisions apply (with the necessary modifications) in relation to a report to which this paragraph applies— a section 38(2) (additional copies), b section 38(4) (publication by appropriate authority), c section 39 (action plan by appropriate authority), and d where the local authority receives a copy of a report about a school the governing body of which have a delegated budget, section 40(2) and (3) (measures by local authority). 4 In the application of those provisions— a a reference to a report and summary is to be taken as a reference to a report and, if there is one, its summary, and b a reference to a summary alone is to be taken, in a case where there is no summary, as a reference to the report. Report on sixth form schools causing concern after area inspection 44E 1 This section applies if in the course of an area inspection under section 83 of the Learning and Skills Act 2000 the Chief Inspector forms the opinion that— a special measures are required to be taken in relation to a sixth form school, or b that a sixth form school requires significant improvement. 2 The Chief Inspector must make a report about the school stating that opinion. 3 The report is to be treated for the purpose of this Part as if it were a report of an inspection of the school under section 28. 4 A “sixth form school” is a maintained school which— a provides full-time education suitable to the requirements of pupils over compulsory school age, and b does not provide full-time education suitable to the requirements of pupils of compulsory school age. Interpretation of sections 44A to 44E 44F In sections 44A to 44E— “ the appropriate authority ”, in relation to a maintained school, means the school's governing body or, if the school does not have a delegated budget, the local authority; “ the Chief Inspector ” means Her Majesty's Chief Inspector of Education and Training in Wales; “ maintained school ” means a community, foundation or voluntary school or a community special school; “ member of the Inspectorate ” means the Chief Inspector, any of Her Majesty's Inspectors of Education and Training in Wales and any additional inspector appointed under paragraph 2 of Schedule 2. CHAPTER 6 MISCELLANEOUS AND SUPPLEMENTAL Federated schools 78 Proposals made under this Part to establish a new school may relate to the establishment of the school as a federated school (within the meaning given by section 21(1) of the Education (Wales) Measure 2011). Prohibition on local authorities establishing schools in England 79 No proposals may be made for the establishment of a school in England which is proposed to be maintained by a local authority in Wales. Notice by governing body to discontinue foundation or voluntary school 80 1 The governing body of a foundation or voluntary school may discontinue the school by giving the Welsh Ministers and the local authority that maintains the school two years' notice of its intention to do so. 2 The Welsh Ministers' consent is required before giving a notice under this section if expenditure has been incurred on the school premises (otherwise than in connection with repairs)— a by the Welsh Ministers, or b by any local authority. 3 The governing body must consult the Commission for Tertiary Education and Research before giving a notice under this section if discontinuing the school would affect the facilities for full-time education suitable to the requirements of persons over compulsory school age who have not attained the age of 19. 4 If, while a notice under this section is in force, the governing body informs the local authority that it is unable or unwilling to carry on the school until the notice expires, the authority— a may conduct the school for all or part of the unexpired period of the notice as if it were a community school, and b is entitled to use the school premises free of charge for that purpose. 5 While the school is being so conducted— a the authority must keep the school premises in good repair, and b any interest in the premises which is held for the purposes of the school is to be treated, for all purposes relating to the condition, occupation or use of the premises, or the making of alterations to them, as vested in the authority. 6 Despite subsection (5) the governing body may use the premises, or any part of them, when not required for the purposes of the school to the same extent as if it had continued to carry on the school during the unexpired period of the notice. 7 A notice under subsection (1) may not be withdrawn without the consent of the local authority. 8 If a foundation or voluntary school is discontinued under this section, the duty of the local authority to maintain the school as a foundation or voluntary school ceases. 9 Nothing in section 43 applies in relation to the discontinuance of a foundation or voluntary school under this section. 10 Subsection (11) applies where— a land occupied by the school is held by any trustees for the purposes of the school, b the trustees (being entitled to do so) intend to give notice to the governing body of the school to terminate the school's occupation of that land, and c the termination of the school's occupation of that land would have the result that it was not reasonably practicable for the school to continue to be conducted at its existing site. 11 The notice given by the trustees to the governing body to terminate the school's occupation of the land must be at least two years; but if, during the first twelve months of that notice period, the governing body gives notice under subsection (1), the trustees' notice does not have the effect of terminating the school's occupation of the land until the expiry of the governing body's notice. 12 A copy of the trustees' notice must also be given to the Welsh Ministers and the local authority at the time when the notice is given to the governing body. 13 Where trustees give, at the same (or substantially the same) time, notices purporting to terminate a foundation or voluntary school's occupation of two or more pieces of land held by the trustees for the purposes of the school, then for the purpose of determining whether subsection (10)(c) applies in relation to any of those pieces of land, regard may be had to the combined effect of terminating the school's occupation of both or all of them. 14 If a question arises as to whether the termination of a school's occupation of any land would have the result mentioned in subsection (10)(c) (including a question as to whether subsection (13) applies in any particular circumstances), it is to be determined by the Welsh Ministers. Direction requiring discontinuance of community special school 81 1 The Welsh Ministers may direct a local authority to discontinue a community special school maintained by it on a specified date, if they consider it expedient to do so in the interests of the health, safety or welfare of pupils at the school. 2 A direction under subsection (1) may require the local authority to notify specified persons or a specified class of persons. 3 Before giving a direction under subsection (1), the Welsh Ministers must consult— a the local authority, b any other local authority that would in their opinion be affected by the discontinuance of the school, and c any other persons the Welsh Ministers consider appropriate. 4 On giving a direction under subsection (1), the Welsh Ministers must give notice in writing of the direction to the governing body of the school and its head teacher. 5 A local authority to which a direction is given under subsection (1) must discontinue the school in question on the date specified in the direction. 6 Nothing in section 44 applies to the discontinuance of a school under this section. Transitional exemption orders for purposes of Equality Act 2010 82 1 This section applies to proposals for a school to cease to be a single-sex school. 2 The making of such proposals under section 59 or 68 is to be treated as an application by the responsible body to the Welsh Ministers for a transitional exemption order under the 2010 Act, and the Welsh Ministers may make such an order accordingly. 3 In this section— “ the 2010 Act ” (“ Deddf 2010 ”) means the Equality Act 2010; “ make ” (“ gwneud ”), in relation to a transitional exemption order, includes vary or revoke; “ the responsible body ” (“ y corff sy’n gyfrifol ”) has the same meaning as in section 85 of the 2010 Act; “ single-sex school ” (“ ysgol un rhyw ”) has the same meaning as in paragraph 1 of Schedule 11 to the 2010 Act; “ transitional exemption order ” (“ gorchymyn esemptio trosiannol ”) has the same meaning as in paragraph 3 of Schedule 11 to the 2010 Act. Interpretation of Part 3 83 1 In this Part— “ powers to make proposals to establish, alter or discontinue schools ” (“ pwerau i wneud cynigion i sefydlu, newid neu derfynu ysgolion ”) means all or any of the powers of a local authority to make proposals under section 41, 42, 43 or 44; “ powers to make proposals to alter its school ” (“ pwerau i wneud cynigion i newid ei ysgol ”), in relation to the governing body of a foundation or voluntary school, means its powers to make proposals under section 42(2). 2 A reference in this Part to a school's category means one of the categories set out in section 20(1) of the School Standards and Framework Act 1998 (and references to a change of category are to be read accordingly). 3 A reference in this Part to the discontinuance of a maintained school is a reference to the local authority ceasing to maintain it. PART 4 WELSH IN EDUCATION STRATEGIC PLANS Preparation of Welsh in education strategic plans 84 1 A Welsh in education strategic plan is a plan which contains— a a local authority's proposals on how it will carry out its education functions to— i improve the planning of the provision of education through the medium of Welsh (“Welsh medium education”) in its area; ii improve the standards of Welsh medium education and of the teaching of Welsh in its area; b the local authority's targets for improving the planning of the provision of Welsh medium education in its area and for improving the standards of that education and of the teaching of Welsh in its area; c a report on the progress made to meet the targets contained in the previous plan or previous revised plan. 2 A local authority must prepare a Welsh in education strategic plan for its area. 3 A local authority must keep its plan under review, and if necessary, revise it. 4 In preparing a Welsh in education strategic plan or revised plan, a local authority must consult— a its neighbouring local authorities; b the head teacher of each school maintained by it; c the governing body of each school maintained by it; d each institution within the further education sector in its area; e in relation to any foundation or voluntary school in its area— i the person who appoints the foundation governors, and ii if the school has a religious character, the appropriate religious body; f other prescribed persons. 5 If a local authority carries out an assessment of the demand for Welsh medium education in accordance with regulations under section 86, it must take the results of that assessment into account when it next prepares or revises its Welsh in education strategic plan. Approval, publication and implementation of Welsh in education strategic plans 85 1 A local authority which has prepared a Welsh in education strategic plan must submit it to the Welsh Ministers for their approval. 2 The Welsh Ministers may— a approve the plan as submitted, b approve the plan with modifications, or c reject the plan and prepare another plan which is to be treated as the authority's approved plan. 3 If a local authority wishes to amend its plan, it must submit a revised plan to the Welsh Ministers. 4 The Welsh Ministers may approve the revised plan, with or without modifications. 5 The Welsh Ministers must consult a local authority before— a they modify its plan under subsection (2)(b), b they prepare another plan to replace the authority's plan under subsection (2)(c), or c they modify its revised plan under subsection (4). 6 A local authority must publish its approved Welsh in education strategic plan (or revised plan). 7 A local authority must take all reasonable steps to implement its approved Welsh in education strategic plan (or revised plan). Assessing demand for Welsh medium education 86 1 The Welsh Ministers may require a local authority, in accordance with regulations, to carry out an assessment of the demand among parents in its area for Welsh medium education for their children. 2 Regulations under subsection (1) may (among other things) make provision about when and how to make an assessment. Regulations and guidance 87 1 The Welsh Ministers may make regulations about Welsh in education strategic plans. 2 The regulations may make further provision about the following matters (among other things)— a the form and content of a plan; b the timing and duration of a plan; c keeping a plan under review and its revision; d consultation during the preparation and revision of a plan; e the submission of a plan for approval; f when and how to publish a plan. 3 The regulations may make provision enabling the preparation of a joint plan by two or more local authorities, and any such regulations may modify any provision of this Part in its application to joint plans. 4 A local authority must, in the exercise of its functions under this Part, have regard to any guidance issued by the Welsh Ministers. PART 5 MISCELLANEOUS SCHOOLS FUNCTIONS Free breakfasts in primary schools Duty to provide free breakfasts for pupils in primary schools 88 1 A local authority must provide breakfasts on each school day for pupils at a primary school maintained by the authority, if— a the governing body of the school has asked the authority in writing for breakfasts to be provided, and b 90 days have passed, beginning with the day following the day on which the request was received. 2 The duty in subsection (1) does not apply (or ceases to apply) in relation to a request from a governing body if either of the following paragraphs applies— a the governing body has asked the authority in writing to stop providing breakfasts; b it would be unreasonable to provide the breakfasts and the local authority has notified the governing body in writing that as a result— i it is not going to provide breakfasts, or ii it is going to stop providing breakfasts. 3 If the duty under subsection (1) applies, the local authority must provide breakfast for each pupil who asks the authority for it; for this purpose, the request may be made by or on behalf of the pupil. 4 Breakfasts provided by a local authority under this section— a may take any form the authority thinks fit, subject to any regulations made under section 4 of the Healthy Eating in Schools (Wales) Measure 2009 (requirements for food and drink provided on school premises); b must be provided free of charge; c must be available on the school's premises; d must be available before the start of each school day, except in the case of a community special school where breakfasts may be made available before or at the start of each school day. 5 In exercising its functions, a local authority or a governing body of a primary school maintained by a local authority must have regard to any guidance given by the Welsh Ministers about providing breakfasts for pupils. Transitional provision 89 1 Where a local authority that maintains a primary school, or its governing body, is already providing breakfast for pupils of the school at the time section 88 comes into force, that section applies in relation to the school as if— a a request had been made under that section for provision of breakfasts by the governing body, b 90 days have passed, beginning with the day following the day on which the request was received, and c each pupil for whom breakfast is already being provided has made a request to the authority. 2 Subsection (3) applies where, before the coming into force of section 88, a request in writing for the provision of breakfasts for pupils has been made by the governing body of the primary school to the local authority that maintains the school, but neither the local authority nor the governing body has been providing breakfast for pupils of the school. 3 The request made before the coming into force of section 88 has effect as a request under that section made on the day that the section came into force. Interpretation of sections 88 and 89 90 In sections 88 and 89— “ primary school ” (“ ysgol gynradd ”) means a school that provides primary education (whether or not it also provides other kinds of education); “ provide ” (“ darparu ”) includes arranging provision; “ pupil ” (“ disgybl ”) means a child receiving primary education at the school (whether or not the child is a registered pupil). Power to charge for meals Amendment to power to charge for school meals etc 91 1 Part 9 of the Education Act 1996 (ancillary functions) is amended as set out in subsections (2) and (3). 2 In section 512ZA (power to charge for meals etc)— a in subsection (1A), omit “in England”; b omit subsection (2). 3 In section 533 (functions of governing bodies of maintained schools with respect to provision of school meals etc)— a in subsection (3A), omit “in England”; b omit subsection (4). School-based counselling Independent counselling services for school pupils and other children 92 1 A local authority must secure reasonable provision for a service providing counselling in respect of health, emotional and social needs (an “independent counselling service”) for— a registered pupils receiving secondary education at— i schools maintained by the authority, and ii other schools in its area; b other persons belonging to the authority's area who have attained the age of 11 but not the age of 19; c registered pupils undertaking their final academic year of primary education at— i schools maintained by the authority, and ii other schools in its area; d such other persons receiving primary education as the Welsh Ministers may specify in regulations. 2 In securing provision of an independent counselling service under this section, a local authority must have regard— a to the principle that the service is to be independent of— i the governing body or other proprietor of a school at which a person to whom the service is provided is receiving education, and ii the management of a school at which a person to whom the service is provided is receiving education; b to guidance given by the Welsh Ministers. 3 A local authority must secure that an independent counselling service is provided on the site of each school maintained by the authority that provides secondary education (whether or not it also provides other kinds of education). 4 A local authority may secure the provision of an independent counselling service at other locations. 5 The Welsh Ministers may by regulations require the provision of an independent counselling service at other locations. Information about independent counselling services 93 1 A local authority must comply with a direction given by the Welsh Ministers to the authority— a to compile information about the independent counselling service it secures under section 92; b to provide information about that service to the Welsh Ministers. 2 A direction under subsection (1) may include instructions to compile or provide information in a way, and at a time, specified in the direction. 3 A direction under subsection (1) may not require a local authority— a to provide information about an identified individual; b to provide information in a way that, either by itself or in combination with any other information, identifies any individual to whom it relates or enables that individual to be identified. 4 If the person providing an independent counselling service is not the local authority— a the local authority must give the person providing the service a copy of any direction given to the authority under subsection (1), and b the person providing the service must compile the information necessary for compliance with the direction, and provide it to the local authority, in a way that does not identify the individuals to whom it relates, or enable them to be identified (either by itself or in combination with other information). 5 A direction under this section— a must be in writing; b may be varied or revoked by a later direction; c is enforceable by mandatory order on application by, or on behalf of, the Welsh Ministers. Parents' meetings Duty of governing body of maintained schools to hold meetings following petition by parents 94 1 The governing body of a maintained school must hold a meeting (“the meeting”) if it receives a petition from parents of registered pupils at the school requesting a meeting and it is satisfied that each of the following four conditions is satisfied. 2 The first condition is that the petition contains the signatures of the required minimum number of parents of registered pupils at the school. 3 The required minimum number of parents is the lower of the following— a the parents of 10% of registered pupils, or b the parents of 30 registered pupils. 4 For the purpose of subsection (3), the number of registered pupils is to be calculated by reference to the number of registered pupils on the day the petition is received. 5 The second condition is that the meeting requested is for the purpose of discussing a matter relating to the school. 6 The third condition is that, should a meeting be held, there would be no more than three meetings held under this section during the school year in which the petition is received. 7 The fourth condition is that there are enough school days left in the school year for the requirement in subsection (8) to be complied with. 8 The meeting must be held before the end of a 25 day period. 9 For the purpose of subsection (8), the 25 day period— a begins on the first day after the day on which the petition is received (subject to subsection (10)), and b does not include any day which is not a school day. 10 If another meeting required to be held under this section as a result of a different petition (“the other meeting”) is held on a day during the 25 day period in subsection (9), but before the day on which the meeting is held, the 25 day period begins on the first day after the day on which the other meeting is held. 11 The meeting is to be open to— a all parents of registered pupils at the school, b the head teacher, and c other persons invited by the governing body. 12 The governing body must, as soon as it reasonably can after receiving a petition that requires a meeting to be held, notify the parents of all registered pupils at the school in writing of the date of the meeting and the matter to be discussed. 13 In exercising its functions under this section, the governing body of a maintained school must have regard to guidance given by the Welsh Ministers. Repeal of duty to hold annual parents' meeting 95 Section 33 of the Education Act 2002 is repealed. Code of practice on local authority school relations Repeal of provision for code of practice for local authority school relations 96 Section 127 of the School Standards and Framework Act 1998 (code of practice for securing effective relationships between local authorities and maintained schools in Wales) is repealed. PART 6 GENERAL Orders and regulations 97 1 A power of the Welsh Ministers to make an order or regulations under this Act is to be exercised by statutory instrument. 2 A power of the Welsh Ministers to make an order or regulations under this Act includes power— a to make different provision for different cases or classes of case, different areas or different purposes; b to make different provision generally or subject to specified exemptions or exceptions or only in relation to specific cases or classes of case; c to make such incidental, supplementary, consequential, transitory, transitional or saving provision as the Welsh Ministers think fit. 3 A statutory instrument containing regulations made under this Act or an order under section 56(2) is subject to annulment in pursuance of a resolution of the National Assembly for Wales. 4 A statutory instrument containing an order under paragraph 26(1) of Schedule 2 must not be made unless a draft of the instrument has been laid before, and approved by resolution of, the National Assembly for Wales. General interpretation and index of defined expressions 98 1 The provisions of this Act and those of the Education Act 1996 are to be read as if they were all contained in the Education Act 1996. 2 But where an expression is given for the purposes of any provision of this Act a meaning different from that given to it for the purposes of the Education Act 1996, the meaning given for the purposes of that provision is to apply instead of the one given for the purposes of the Education Act 1996. 3 In this Act— “ appropriate diocesan authority ” (“ awdurdod esgobaethol priodol ”) has the same meaning as in section 142(1) of the School Standards and Framework Act 1998; “ appropriate religious body ” (“ corff crefyddol priodol ”) means— in the case of a Church in Wales school or a Roman Catholic Church school, or proposed such school, the appropriate diocesan authority, and in the case of other schools or proposed schools, the body representing the religion or religious denomination stated, or that it is intended to be stated, in relation to the school in an order under section 68A of the School Standards and Framework Act 1998; “ Church in Wales school ” (“ un o ysgolion yr Eglwys yng Nghymru ”) has the same meaning as in section 142(1) of the School Standards and Framework Act 1998; “ the Code ” (“ y Cod ”) in Chapters 2 and 3A of Part 3 means the code on school organisation issued under section 38(1); “ the Commission ” (“ y Comisiwn ) in Chapter 3A of Part 3 means the Commission for Tertiary Education and Research; “ foundation body ” (“ corff sefydledig ”) has the same meaning as in section 21(4)(a) of the School Standards and Framework Act 1998; “ foundation governor ” (“ llywodraethwr sefydledig ”), in relation to a foundation school or a voluntary school, means a person appointed as a foundation governor in accordance with regulations under section 19 of the Education Act 2002; “ local authority ” (“ awdurdod lleol ”) (except in section 54(2)(b)) means a county or county borough council in Wales; “ maintained school ” (“ ysgol a gynhelir ”) means a school in Wales which is a community, foundation or voluntary school, a community special school or a maintained nursery school; “ objection period ” (“ cyfnod gwrthwynebu ”) is defined in section 49(2) for the purposes of Chapter 2 of Part 3 and in section 63E(2) for the purposes of Chapter 3A of Part 3 ; “ powers to make proposals to alter its school ” (“ pwerau i wneud cynigion i newid ei ysgol ”) is defined in section 83 for the purposes of Part 3; “ powers to make proposals to establish, alter or discontinue schools ” (“ pwerau i wneud cynigion i sefydlu, newid neu derfynu ysgolion ”) is defined in section 83 for the purposes of Part 3; “ prescribed ” (“ rhagnodedig ”) means prescribed by regulations; “ primary school ” (“ ysgol gynradd ”) is defined in section 90 for the purposes of sections 88 and 89; “ proposer ” (“ cynigydd ”) is defined in section 56 for the purposes of Chapter 2 of Part 3; “ provide ” (“ darparu ”) is defined in section 90 for the purposes of sections 88 and 89; “ pupil ” (“ disgybl ”) is defined in section 90 for the purposes of sections 88 and 89; “ regional provision ” (“ darpariaeth ranbarthol ”) is defined in section 64 for the purposes of Chapter 4 of Part 3; “ regulated alteration ” (“ newid rheoleiddiedig ”) in Chapter 2 of Part 3 means an alteration described in Schedule 2; “ regulations ” (“ rheoliadau ”) means regulations made by the Welsh Ministers; “ Roman Catholic Church school ” (“ un o ysgolion yr Eglwys Gatholig Rufeinig ”) has the same meaning as in section 142(1) of the School Standards and Framework Act 1998; “ school authority ” (“ awdurdod ysgol ”) is defined in section 32 for the purposes of Chapter 3 of Part 2; “ small school ” (“ ysgol fach ”) is defined in section 56 for the purposes of Chapter 2 of Part 3; “ special education functions” (“ swyddogaethau addysg arbennig ”) additional learning needs functions (“ swyddogaethau anghenion dysgu ychwanegol ”) is defined in section 64 for the purposes of Chapter 4 of Part 3. 4 For references in Part 3 to— a the discontinuance of a maintained school, see section 83; b a school's category, see section 83. 5 A reference in this Act to a school which has a religious character is to a school which is designated as having such a character by an order under section 68A of the School Standards and Framework Act 1998. Minor and consequential amendments 99 Schedule 5 contains minor and consequential amendments. Commencement 100 1 The following provisions come into force on the day after the day on which this Act receives Royal Assent— section 1; this section; section 101. 2 The following provisions come into force on 1 April 2013— sections 88 to 90; sections 92 and 93. 3 The following provisions come into force at the end of the period of two months beginning on the day on which this Act receives Royal Assent— Chapter 3 of Part 2; section 91; sections 94 and 95; paragraphs 31, 33, 34(1) and (3), 35 and 36 of Part 3 of Schedule 5 (and section 99 in so far as relating to those paragraphs). 4 The remaining provisions of this Act are to come into force on a day appointed by the Welsh Ministers in an order. Short title and inclusion as one of the Education Acts 101 1 The short title of this Act is the School Standards and Organisation (Wales) Act 2013. 2 This Act is to be included in the list of Education Acts set out in section 578 of the Education Act 1996. SCHEDULE 1 GOVERNING BODIES CONSISTING OF INTERIM EXECUTIVE MEMBERS (introduced by section 18) Interpretation of Schedule 1 1 In this Schedule— “ the appropriate authority ” (“ yr awdurdod priodol ”) means— where this Schedule applies by virtue of a notice under section 7, the local authority that gave the notice, and where this Schedule applies by virtue of a notice under section 14, the Welsh Ministers; “ existing governors ” (“ llywodraethwyr presennol ”), in relation to a school in respect of which a notice under section 7 or 14 has been given, means the governors who hold office immediately before the governing body becomes constituted in accordance with this Schedule; “ the interim period ” (“ y cyfnod interim ”), in relation to a school in respect of which a notice under section 7 or 14 has been given, means the period during which the governing body is constituted in accordance with this Schedule; “ a normally constituted governing body ” (“ corff llywodraethu a gyfansoddwyd yn normal ”) means a governing body constituted in accordance with regulations made by virtue of section 19 of the Education Act 2002 (governing bodies). 2 In this Schedule any reference to the discontinuance of a maintained school is a reference to the local authority ceasing to maintain it. Governing body to consist of members appointed by appropriate authority 2 1 The governing body of the school is to consist of members appointed by the appropriate authority, instead of being constituted in accordance with regulations made by virtue of section 19 of the Education Act 2002. 2 In the following provisions of this Schedule— a the governing body as constituted in accordance with this Schedule is referred to as “ the interim executive board ”, and b the members of the governing body as so constituted are referred to as “ interim executive members ”. Effect of notice under section 7 or 14 3 1 On the date specified in the notice under section 7 or 14, the existing governors vacate office. 2 Sub-paragraph (1) does not prevent the appointment of an existing governor as an interim executive member. 3 During the interim period, any reference in any provision contained in, or made under, the Education Acts to a governor or foundation governor of a school has effect, in relation to the school, as a reference to an interim executive member. 4 During the interim period, section 83 of the School Standards and Framework Act 1998 (modification of provisions making governors of foundation or voluntary school ex officio trustees) has effect in relation to the school with the substitution for paragraphs (a) to (c) of a reference to the interim executive members. Number of interim executive members 4 1 The number of interim executive members must not be less than two. 2 The initial appointment of interim executive members must be made so as to take effect on the date specified in the notice under section 7 or 14. 3 The appropriate authority may appoint further interim executive members at any time during the interim period. Terms of appointment of interim executive members 5 1 Every appointment of an interim executive member must be made by an instrument in writing setting out the terms of the appointment. 2 An interim executive member— a holds office in accordance with the terms of the appointment and subject to paragraph 16, and b may at any time be removed from office by the appropriate authority for incapacity or misbehaviour. 3 The terms of appointment of an interim executive member may provide for the appointment to be terminable by the appropriate authority by notice. Duty of appropriate authority to inform other persons 6 1 The appropriate authority must give a copy of the notice under section 7 or 14 and of every instrument of appointment of an interim executive member— a to every interim executive member, b to every existing governor of the school, c where the local authority is the appropriate authority, to the Welsh Ministers, d where the Welsh Ministers are the appropriate authority, to the local authority, and e in the case of a foundation or voluntary school— i to the person who appoints the foundation governors, and ii if the school has a religious character, to the appropriate religious body. 2 A failure to comply with sub-paragraph (1) does not invalidate the notice or appointment. Power to specify duration of interim period 7 The appropriate authority may specify the duration of the interim period in the notice under section 7 or 14. Chair 8 The appropriate authority may nominate one of the interim executive members to be chair of the interim executive board. Remuneration and allowances 9 The appropriate authority may pay to any interim executive member such remuneration and allowances as the appropriate authority may determine, subject to any regulations made under paragraph 13(2). Duty of interim executive board 10 1 During the interim period, the interim executive board must conduct the school so as to secure, so far as is practicable to do so, the provision of a sound basis for future improvement in the conduct of the school. 2 Sub-paragraph (1) does not affect the other duties of the interim executive board as governing body. Proceedings of interim executive board 11 1 The interim executive board may determine its own procedure. 2 The interim executive board may make such arrangements as it thinks fit for the discharge of its functions by any other person. 3 This paragraph is subject to regulations made under paragraph 13(2). Effect on suspension of delegated budget 12 1 If immediately before the date specified in a notice under section 7 or 14 the school does not have a delegated budget, the suspension of the governing body's right to a delegated budget is by virtue of this sub-paragraph revoked with effect from that date. 2 If a notice under paragraph 1 of Schedule 15 to the School Standards and Framework Act 1998 (suspension of delegated budget for mismanagement etc) has been given to the governing body before the date specified in a notice under section 7 or 14 but has not yet taken effect, the notice ceases to have effect on that date. 3 During the interim period, the local authority may not exercise the power conferred by section 8 (power to suspend right to delegated budget). 4 Sub-paragraph (1) is to be construed in accordance with section 49(7) of the School Standards and Framework Act 1998. Exclusion of certain statutory provisions 13 1 Regulations made under section 19(2) or (3) of the Education Act 2002 (governing bodies) do not apply in relation to the interim executive board. 2 But regulations made under section 19(3)(f), (g), (i), (j), (k) or (l) of the Education Act 2002 (other than regulations under section 19(3)(l) relating to the constitution of governing bodies) may be applied in relation to the board (with or without modifications) by regulations. 3 The instrument of government of the school does not have effect in relation to the interim executive board in so far as it relates to the constitution of the governing body. 4 During the interim period— a the local authority may not exercise any power conferred by section 6 (power to appoint additional governors), and b the Welsh Ministers may not exercise any power conferred by section 13 (power to appoint additional governors). Closure of school 14 1 At any time during the interim period, the interim executive board may, if it thinks fit, make a report to the local authority and the Welsh Ministers recommending that the school be discontinued, and stating the reasons for that recommendation. 2 The interim executive board may not— a publish under section 43 proposals to discontinue the school, or b serve notice under section 80. 3 Sub-paragraph (4) applies if during the interim period— a the Welsh Ministers give a direction under section 16 or 81 in relation to the school, or b the local authority determine to discontinue the school. 4 The interim period is to continue until the discontinuance date, even where it would otherwise end before that date. 5 In this paragraph “ the discontinuance date ” means one of the following (as the case may be)— a the date on which proposals for discontinuing the school are implemented under Part 1 of Schedule 3; b the date on which the school is discontinued under section 80; c the date specified in the direction under section 16 or 81(1). Notice of resumption of government by normally constituted governing body 15 1 The following sub-paragraph applies if— a the notice under section 7 or 14 does not specify the duration of the interim period, and b paragraph 14(4) does not apply. 2 The appropriate authority may give notice to the persons mentioned in sub-paragraph (3) specifying a date on which the governing body are to become a normally constituted governing body. 3 Those persons are— a every interim executive member, b where the local authority is the appropriate authority, the Welsh Ministers, c where the Welsh Ministers are the appropriate authority, the local authority, and d in the case of a foundation or voluntary school— i the person who appoints the foundation governors, and ii if the school has a religious character, the appropriate religious body. Time when interim executive members cease to hold office 16 1 The interim executive members are to vacate office— a in a case where sub-paragraph (4) of paragraph 14 applies, on the discontinuance date within the meaning of that paragraph, b in a case where that sub-paragraph does not apply and the notice under section 7 or 14 specified the duration of the interim period, at the end of the specified period, and c in any other case, on the date specified under paragraph 15(2). 2 Sub-paragraph (1) does not prevent the termination of the appointment of an interim executive member at any earlier time under paragraph 5(2)(b) or in accordance with the terms of the appointment. Establishment of normally constituted governing body 17 1 Where interim executive members are to vacate office on the date referred to in paragraph 16(1)(b) or (c), the local authority must make arrangements providing for the constitution of the governing body on and after that date. 2 The Welsh Ministers may by regulations make provision with respect to the transition from an interim executive board to a normally constituted governing body, and may in connection with that transition— a modify any provision made under any of sections 19, 20 and 23 of the Education Act 2002 or by Schedule 1 to that Act, b apply any such provision with or without modifications, and c make provision corresponding to or similar to any such provision. 3 The provision that may be made by virtue of sub-paragraph (2) includes, among other things, provision enabling governors to be elected or appointed, and to exercise functions, before the end of the interim period. SCHEDULE 2 REGULATED ALTERATIONS (Introduced by section 40) PART 1 ALL MAINTAINED SCHOOLS 1 Paragraphs 2 and 3 describe regulated alterations in relation to community, foundation, voluntary schools, community special schools, and maintained nursery schools. Site transfers 2 The transfer of a school to a new site or sites unless a main entrance of the school on its new site or sites would be within 1.609344 kilometres (one mile) of a main entrance of the school on its current site or sites. Mixed sex and single-sex schools 3 1 An alteration to a school so that— a a school which admitted pupils of one sex only admits pupils of both sexes, or b a school which admitted pupils of both sexes admits pupils of one sex only. 2 For the purposes of this paragraph a school is to be treated as admitting pupils of one sex only if the admission of pupils of the other sex— a is limited to pupils over compulsory school age; and b does not exceed 25% of the number of pupils in the age group in question normally at the school. PART 2 ALL MAINTAINED SCHOOLS OTHER THAN MAINTAINED NURSERY SCHOOLS 4 Paragraphs 5 to 8 describe regulated alterations in relation to community, foundation and voluntary schools, and community special schools. Age range 5 1 The alteration by a year or more of the lowest age of pupils for whom education is normally provided at the school. 2 The alteration by a year or more of the highest age of pupils for whom education is normally provided at a school where the school, both before and after the alteration, provides education suitable to the requirements of pupils of compulsory school age and does not provide full time education suitable to the requirements of pupils over compulsory school age. Sixth form provision 6 1 The introduction of the provision of full-time education suitable to the requirements of pupils over compulsory school age at a school which provides full time education suitable to the requirements of pupils of compulsory school age. 2 The ending of the provision of full time education suitable to the requirements of pupils over compulsory school age at a school which is to continue to provide full time education suitable to the requirements of pupils of compulsory school age. Language medium – primary education 7 1 This paragraph applies to— a primary schools, b special schools but only in relation to the provision of primary education to pupils at the schools, and c middle schools but only in relation to the provision of primary education to pupils at the schools. 2 An alteration comes within this paragraph if the teaching of a class of pupils in an age group a relevant year group (or groups) at a school falls within a description in an entry in column 1 of table 1 below, and it is proposed to alter the teaching of the corresponding class of pupils in that age group (or those age groups) relevant year group (or those relevant year groups) so that it falls within the description in the corresponding entry in column 2. 3 In this paragraph— a “age group” means— i a year group of the foundation phase (within the meaning given by section 102 of the Education Act 2002), or ii a year group of the second key stage (within the meaning given by section 103 of the Education Act 2002); “ relevant year group ” means a year group in which the majority of the pupils have not yet completed the school year in which they attain the age of 11; b a reference to the teaching of a class of pupils does not include a school assembly or other school activities usually conducted with large groups of pupils. TABLE 1 1 2 At least 20% but no more than 80% of the teaching is conducted through the medium of English An increase or a decrease of more than 20% in the teaching which is conducted through the medium of Welsh At least 20% but no more than 80% of the teaching is conducted through the medium of Welsh An increase or a decrease of more than 20% in the teaching which is conducted through the medium of English More than 80% of the teaching is conducted through the medium of English, and some teaching is conducted through the medium of Welsh An increase of more than 10% in the teaching which is conducted through the medium of Welsh More than 80% of the teaching is conducted through the medium of Welsh, and some teaching is conducted through the medium of English An increase of more than 10% in the teaching which is conducted through the medium of English No teaching is conducted through the medium of Welsh More than 10% of teaching is conducted through the medium of Welsh No teaching is conducted through the medium of English More than 10% of teaching is conducted through the medium of English Some teaching is conducted through the medium of English No teaching is conducted through the medium of English Some teaching is conducted through the medium of Welsh No teaching is conducted through the medium of Welsh Language medium - secondary education 8 1 This paragraph applies to— a secondary schools, b special schools but only in relation to the provision of secondary education to pupils at the schools, and c middle schools but only in relation to the provision of secondary education to pupils at the schools. 2 An alteration comes within this paragraph if the teaching of pupils in a year group at a school falls within a description in an entry in column 1 of table 2 below, and it is proposed to alter the teaching of pupils in that year group so that it falls within the description in the corresponding entry in column 2. 3 In this paragraph a “relevant subject” is any subject other than English and Welsh which is taught at the school to pupils in the year group concerned. TABLE 2 1 2 Five or more relevant subjects are taught (wholly or mainly) through the medium of Welsh to any pupils A decrease by four or more of the relevant subjects taught (wholly or mainly) through the medium of Welsh to any pupils Five or more relevant subjects are taught (wholly or mainly) through the medium of English to any pupils A decrease by four or more of the relevant subjects taught (wholly or mainly) through the medium of English to any pupils Every relevant subject is taught (wholly or mainly) through the medium of Welsh to all pupils Three or more relevant subjects are taught (wholly or mainly) through the medium of English to any pupils Every relevant subject is taught (wholly or mainly) through the medium of English to all pupils Three or more relevant subjects are taught (wholly or mainly) through the medium of Welsh to any pupils One or more relevant subject is taught (wholly or mainly) through the medium of Welsh to any pupils No relevant subject is taught (wholly or mainly) through the medium of Welsh to any pupils One or more relevant subject is taught (wholly or mainly) through the medium of English to any pupils No relevant subject is taught (wholly or mainly) through the medium of English to any pupils PART 3 COMMUNITY, FOUNDATION AND VOLUNTARY SCHOOLS 9 Paragraphs 10 to 17 describe regulated alterations in relation to community, foundation and voluntary schools. Alterations to premises 10 1 An enlargement of the premises of the school which would increase the capacity of the school by at least 25% or 200 pupils as compared with the school's capacity on the appropriate date. 2 In determining an increase in capacity for the purpose of sub-paragraph (1), all enlargements that have taken place since the appropriate date are to be taken into account together with the proposed enlargement. 3 The “appropriate date” is the latest of— a the date falling five years before the date on which it is planned to implement the proposals to make the enlargement; b the date when the school first admitted pupils; c the date (or latest date) of implementation of proposals to make an alteration to the school consisting of an enlargement of its premises which proposals were published under— i section 48, 59, 63D, 68 or 72, or ii section 28 of the School Standards and Framework Act 1998 or paragraph 5 of Schedule 7 to that Act. 4 References in this paragraph to an enlargement do not include a temporary enlargement. 11 1 An enlargement of the premises of the school which would increase the capacity of the school if the date on which it is planned to implement the proposals to make the enlargement falls within the period described in sub-paragraph (2). 2 The period is five years beginning with the date (or latest date) of implementation of proposals falling within paragraph 13 (reducing a school's capacity). 3 “ Enlargement ” does not include a temporary enlargement. 12 The making permanent of a temporary enlargement which at the time of its making would have fallen within paragraph 10 (but for the fact that it was temporary). 13 An alteration of the premises of the school which would reduce the capacity of the school, where the proposed capacity would be lower than the highest number of registered pupils at the school at any time during the two years before the date on which the proposer formed the intention to make the proposed alteration. 14 For the purposes of paragraphs 10 to 13— a references to the capacity of a school are to the number of pupils the school can accommodate as determined in accordance with guidance given by the Welsh Ministers, and b a “temporary enlargement” is an enlargement of a school's premises which it is anticipated, at the time of its making, will be in place for fewer than three years. Special educational Additional learning needs 15 1 The establishment or discontinuance of provision which is recognised by the local authority as reserved for children with special educational additional learning needs. 2 Where there is provision which is recognised by the local authority as reserved for children with special educational additional learning needs, a change in the type of such provision. Admission arrangements 16 The introduction of admission arrangements to which section 101(1) of the School Standards and Framework Act 1998 (pupil banding) applies. Boarding provision 17 1 The introduction or ending of provision for boarding accommodation. 2 The alteration of provision for boarding accommodation so that the number of pupils for whom such provision is made is increased or decreased by 50 pupils or more or by 50% or more. PART 4 SPECIAL SCHOOLS 18 Paragraphs 19 to 21 describe regulated alterations in relation to community special schools. Increase in pupils 19 1 Except where the school is established in a hospital, an increase in the number of pupils for whom the school makes provision which, when taken with all previous increases since the appropriate date, would increase the number of pupils at least by 10% or by the relevant number as compared with the number of pupils on the appropriate date. 2 In this paragraph— the “ appropriate date ” (“ dyddiad priodol ”) is the latest of— 19 January 2012; the date when the school first admitted pupils; the date (or latest date) of implementation of proposals to make an alteration to the school to increase the number of pupils for whom the school makes provision which proposals were published under— section 48, 59, 63D, 68 or 72, or section 31 of the School Standards and Framework Act 1998 or paragraph 5 of Schedule 7 to that Act; and “ relevant number ” (“ y nifer perthnasol ”) in relation to the number of pupils at a school, is— where the school provides boarding accommodation only, 5, and in any other case, 20. Boarding provision 20 The alteration of the provision of boarding accommodation so that the number of pupils for whom such provision is made is increased or decreased by 5 pupils or more. Special educational Additional learning needs provision 21 A change in the type of special educational additional learning needs for which the school is organised to make provision. PART 5 MAINTAINED NURSERY SCHOOLS 22 Paragraphs 23 to 25 describe regulated alterations in relation to maintained nursery schools. Teaching space 23 1 An enlargement of the teaching space, other than a temporary enlargement, by 50% or more. 2 The making permanent of a temporary enlargement of the teaching space by 50% or more. 3 In this paragraph— “ teaching space ” (“ man addysgu ”) means any area used wholly or mainly for the provision of nursery education excluding— any area used wholly or mainly for the education of pupils whose educational needs are being assessed under section 323 of the Education Act 1996 and pupils with statements of special educational needs maintained under section 324 of that Act determined under Part 2 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018 and pupils with individual development plans maintained under that Act ; any area constructed, adapted or equipped so as to be unsuitable for general teaching purposes; any area constructed, adapted or equipped primarily for the storage of apparatus, equipment or materials used in teaching; any part of an area which is required for the movement of pupils through that area and which is used wholly or mainly for that purpose; a “ temporary enlargement ” (“ ehangu dros dro ”) is an enlargement of the teaching space which it is anticipated, at the time of its making, will be in place for fewer than three years. Special educational Additional learning needs 24 1 The establishment or discontinuance of provision which is recognised by the local authority as reserved for children with special educational additional learning needs. 2 Where there is provision which is recognised by the local authority as reserved for children with special educational additional learning needs, a change in the type of such provision. Language medium 25 1 In the case of a school at which a group of pupils is taught wholly or mainly through the medium of Welsh, an alteration to the school so that all pupils would be taught wholly or mainly through the medium of English. 2 In the case of a school at which a group of pupils is taught wholly or mainly through the medium of English, an alteration to the school so that all pupils would be taught wholly or mainly through the medium of Welsh. PART 6 SUPPLEMENTARY Power to amend 26 1 The Welsh Ministers may by order amend any provision of this Schedule. 2 An order under sub-paragraph (1) may make consequential amendments to any provision of Part 3 of this Act. SCHEDULE 3 IMPLEMENTATION OF STATUTORY PROPOSALS (Introduced by section 55) PART 1 RESPONSIBILITY FOR IMPLEMENTATION Interpretation 1 In this Part of this Schedule— a “ proposals ” means proposals falling to be implemented under section 55; b a reference to a local authority in relation to a school or proposed school is a reference to the local authority that maintains, or that will maintain, that school. Proposals relating to community or maintained nursery schools 2 1 This paragraph applies to proposals relating to a community or maintained nursery school or a proposed community or maintained nursery school. 2 Proposals made by a local authority under section 41, 42 or 43 must be implemented by the local authority. Proposals relating to foundation or voluntary controlled schools 3 1 This paragraph applies to proposals relating to a foundation or voluntary controlled school or a proposed voluntary controlled school. 2 Proposals made by a local authority under section 41(2) or 43(1)(a) must be implemented by the authority. 3 Proposals made by a local authority under section 42(1)(b) or (c) must be implemented by both the authority and governing body to the extent (if any) that the proposals provide for each of them to do so. 4 Proposals made under section 41(2) (other than by a local authority) must be implemented by the local authority and by the person who made the proposals to the extent (if any) that the proposals provide for each of them to do so. 5 Proposals made by a governing body under section 42(2) must be implemented by the local authority and by the governing body to the extent (if any) that the proposals provide for each of them to do so. 6 Proposals made by a governing body under section 43(2) must be implemented by both the governing body and the local authority. Proposals relating to voluntary aided schools 4 1 This paragraph applies to proposals relating to a voluntary aided school or a proposed voluntary aided school. 2 Proposals made by a local authority under section 42(1)(b) or (c) must be implemented— a so far as relating to the provision of relevant premises for the school, by the local authority, and b otherwise by both the authority and the governing body to the extent (if any) that the proposals provide for each of them to do so. 3 Proposals made under section 41(2) must be implemented— a where the local authority is the proposer, by the local authority, and b where the local authority is not the proposer— i so far as relating to the provision of relevant premises for the school, by the local authority, and ii otherwise by the person who made the proposals. 4 Nothing in sub-paragraph (3)(b) requires a local authority to provide relevant premises where— a the new voluntary aided school is to be established in place of one or more existing independent, foundation or voluntary schools falling to be discontinued on or before the date of implementation of the proposals, and b those premises were part of the premises of any of the existing schools but were not provided by the authority. 5 Proposals made by a governing body under section 42(2) must be implemented— a so far as relating to the provision of relevant premises for the school, by the local authority, and b otherwise by the governing body. 6 “ Relevant premises ” means— a playing fields, or b buildings which are to form part of the school premises but are not to be school buildings. 7 Proposals made by a local authority under section 43(1) must be implemented by the authority. 8 Proposals made by the governing body under section 43(2) must be implemented by both the governing body and the local authority. Proposals relating to community special schools 5 1 This paragraph applies to proposals relating to a community special school or a proposed community special school. 2 Proposals made by a local authority under section 44 must be implemented by the authority. Change of category 6 If a school changes category from a community school after proposals have been published under section 48 but before they have been implemented, the proposals (to the extent that they have not been implemented) must be implemented by the local authority (despite paragraphs 3 and 4). PART 2 PROVISION OF PREMISES AND OTHER ASSISTANCE Provision of site and buildings for foundation or voluntary controlled school 7 1 This paragraph applies where a local authority is required by virtue of paragraph 3(2), (3), (4) or (5) to provide a site for a foundation or voluntary controlled school or a proposed voluntary controlled school. 2 The authority must transfer its interest in the site and in any buildings on the site which are to form part of the school premises— a to the school's trustees, to be held by them on trust for the purposes of the school, or b if the school has no trustees, to the school's foundation body or (in the absence of such a body) to the governing body, to be held by that body for the relevant purposes. 3 If any doubt or dispute arises as to the persons to whom the authority is required to make the transfer, it must be made to such persons as the Welsh Ministers think proper. 4 The authority must pay to the persons to whom the transfer is made their reasonable costs in connection with the transfer. 5 Sub-paragraph (6) applies where— a a transfer is made under this paragraph, and b the transfer is made to persons (“the transferees”) who possess, or are or may become entitled to, any sum representing proceeds of the sale of other premises which have been used for the purposes of the school. 6 The transferees must notify the local authority that sub-paragraph (5)(b) applies to them and they or their successors must pay to the local authority so much of that sum as, having regard to the value of the interest transferred, may be determined to be just, either by agreement between them and the authority or, in default of agreement, by the Welsh Ministers. 7 In sub-paragraph (5)(b) the reference to proceeds of the sale of other premises includes a reference to— a consideration for the creation or disposition of any kind of interest in other premises, including rent, and b interest which has accrued in respect of any such consideration. 8 Any sum paid under sub-paragraph (6) is to be treated for the purposes of section 14 of the Schools Sites Act 1841 (which relates to the sale or exchange of land held on trust for the purposes of a school) as a sum applied in the purchase of a site for the school. 9 A determination may be made under sub-paragraph (6) in respect of any property subject to a trust which has arisen under section 1 of the Reverter of Sites Act 1987 (right of reverter replaced by trust for sale) if (and only if)— a the determination is made by the Welsh Ministers, and b they are satisfied that steps have been taken to protect the interests of the beneficiaries under the trust. 10 Sub-paragraph (6) applies for the purpose of compensating the authority notified under that sub-paragraph only in relation to such part of the sum mentioned in sub-paragraph (5)(b) (if any) as remains after the application of paragraphs 1 to 3 of Schedule 22 to the School Standards and Framework Act 1998 (disposals of land - foundation, voluntary and foundation special schools) to that sum. 11 In this paragraph— “ the relevant purposes ” (“ y dibenion perthnasol ”) means— in relation to a transfer to a school's foundation body, the purposes of the schools comprising the group for which that body acts, or in relation to a transfer to a school's governing body, the purposes of the school; “ site ” (“ safle ”) does not include playing fields but otherwise includes any site which is to form part of the premises of the school in question. Grants in respect of certain expenditure relating to existing or proposed voluntary aided school 8 1 This paragraph applies where— a the governing body of a voluntary aided school is required by virtue of paragraph 4(5) to implement proposals to make a regulated alteration to the school, or b a person is required by virtue of paragraph 4(3)(b) to implement proposals to establish a new voluntary aided school. 2 Paragraph 5 of Schedule 3 to the School Standards and Framework Act 1998 (grants to voluntary aided schools in respect of expenditure on premises or equipment)— a applies in relation to the school mentioned in sub-paragraph (1)(a), and b applies in relation to the new school mentioned in sub-paragraph (1)(b) as it applies in relation to an existing voluntary aided school. 3 In the application of that paragraph in relation to a new voluntary aided school— a the references to the governing body, in relation to any time before the governing body is constituted, are to the person who made the proposals under section 41(2), and b where requirements are imposed in relation to grant paid by virtue of this paragraph to the person who made the proposals, the requirements must be complied with by the governing body, when it is constituted, as well as by that person. Assistance in respect of maintenance and other obligations relating to voluntary aided school 9 A local authority may give to the governing body of a voluntary aided school such assistance as the authority thinks fit in relation to the carrying out by the governing body of any obligation arising by virtue of paragraph 4(5) in relation to proposals made by it under section 42(2). Assistance in respect of new voluntary aided school 10 A local authority may give to persons required by virtue of paragraph 4(3)(b) to implement proposals to establish a voluntary aided school such assistance as it thinks fit in relation to the carrying out by those persons of any obligation arising by virtue of that paragraph. Duty to transfer interest in premises provided under paragraph 9 or 10 11 1 Where assistance under paragraph 9 or 10 consists of the provision of any premises for use for the purposes of a school, the local authority must transfer its interest in the premises— a to the trustees of the school to be held on trust for the purposes of the school, or b if the school has no trustees, to the school's foundation body, to be held by that body for the purposes of the schools comprising the group for which that body acts. 2 If any doubt or dispute arises as to the persons to whom the authority is required to make the transfer it must be made to such persons as the Welsh Ministers think proper. 3 The authority must pay to the persons to whom the transfer is made their reasonable costs in connection with the transfer. PART 3 TRANSITIONAL EXEMPTION ORDERS FOR PURPOSES OF THE EQUALITY ACT 2010 Single-sex schools 12 1 This paragraph applies to proposals to make a regulated alteration described in paragraph 3(1)(a) of Schedule 2 (school to cease to be one which admits pupils of one sex only). 2 Sub-paragraph (3) applies where such proposals are made under section 42 or 44 and, in accordance with section 48(4), the proposer sends a copy of the published proposals to the Welsh Ministers. 3 The sending of the published proposals to the Welsh Ministers is to be treated as an application by the proposer for a transitional exemption order under the Equality Act 2010, and the Welsh Ministers may make such an order accordingly. 4 In this paragraph— “ make ” (“ gwneud ”), in relation to a transitional exemption order, includes vary or revoke; “ transitional exemption order ” (“ gorchymyn esemptio trosiannol ”) has the same meaning as in paragraph 3 of Schedule 11 to the Equality Act 2010. SCHEDULE 4 IMPLEMENTATION OF PROPOSALS TO CHANGE CATEGORY OF SCHOOL (Introduced by section 55) PART 1 INTRODUCTORY Interpretation 1 In this Schedule— “ group ” (“ grwp ”) has the meaning given by section 21(4)(b) of the School Standards and Framework Act 1998; “ the implementation date ” (“ y dyddiad gweithredu ”) means the date on which it is proposed that the change of category is to take place; “ publicly funded land ” (“ tir wedi ei gyllido’n gyhoeddus ”) means land which was acquired— from a local authority under a transfer under section 201(1)(a) of the Education Act 1996, wholly by means of any maintenance, special purpose or capital grant (within the meaning of Chapter 6 of Part 3 of the Education Act 1996), wholly by means of a grant made under regulations made under paragraph 4 of Schedule 32 to the School Standards and Framework Act 1998, wholly by means of expenditure incurred for the purposes of the school and treated by the local authority as expenditure of a capital nature, under a transfer under regulations made under paragraph 5 of Schedule 8 to the School Standards and Framework Act 1998, wholly by means of financial assistance given under section 14 of the Education Act 2002, under a transfer under this Schedule, or wholly with the proceeds of disposal of any land acquired as mentioned in any of paragraphs (a) to (g); “ transfer agreement ” (“ cytundeb trosglwyddo ”), in relation to a school, means an agreement— made between the local authority and the trustees or the foundation body or the governing body of the school, and providing for land to be transferred to, and vest in, the local authority on the implementation date (whether or not in consideration of payment by the authority). Implementation 2 On the implementation date the school is to change category in accordance with the proposals. PART 2 TRANSFER OF STAFF Change to voluntary aided school 3 1 This paragraph applies where a community or voluntary controlled school changes category to become a voluntary aided school. 2 The contract of employment between P and the local authority has effect from the implementation date as if originally made between P and the governing body. 3 All the local authority's rights, powers, duties and liabilities under or in connection with the contract of employment are transferred to the governing body on the implementation date. 4 Anything done before that date by or in relation to the local authority in connection with that contract or P is to be treated from that date as having been done by or in relation to the governing body. 5 In this paragraph, “P” is a person who— a immediately before the implementation date is employed by the local authority to work solely at the school in question, or b before the implementation date, is appointed by the local authority to work at the school as from the implementation date or a later date. 6 But a reference to “ P ” does not include— a a person whose contract of employment terminates on the day immediately preceding the implementation date, or b a person employed by the local authority to work at the school solely in connection with the provision of meals. 7 This paragraph does not affect any right of an employee to terminate the contract if (apart from the change of employer) a substantial change is made to the employee's detriment in the employee's working conditions. Change to community or voluntary controlled school 4 1 This paragraph applies where a foundation or voluntary aided school changes category to become a community or voluntary controlled school. 2 The contract of employment between P and the governing body has effect from the implementation date as if originally made between P and the local authority. 3 All the governing body's rights, powers, duties and liabilities under or in connection with the contract of employment are transferred to the local authority on the implementation date. 4 Anything done before that date by or in relation to the governing body in connection with that contract or P is to be treated from that date as having been done by or in relation to the local authority. 5 In this paragraph, “P” is a person who— a immediately before the implementation date is employed by the governing body to work at the school in question, or b before the implementation date, is appointed by the governing body to work at the school as from the implementation date or a later date. 6 But “ P ” does not include a person whose contract of employment terminates on the day immediately preceding the implementation date. 7 This paragraph does not affect any right of an employee to terminate the contract if (apart from the change of employer) a substantial change is made to the employee's detriment in the employee's working conditions. Change to voluntary aided school with a religious character 5 1 This paragraph applies where a voluntary controlled school or a foundation school with a religious character changes category to become a voluntary aided school with a religious character. 2 Sub-paragraph (3) applies if, immediately before the implementation date, a teacher at the voluntary controlled school or foundation school enjoys rights conferred by section 59(2) to (4) of the School Standards and Framework Act 1998 by virtue of section 60(2) of that Act. 3 That teacher is to continue to enjoy those rights while employed as a teacher at the voluntary aided school. PART 3 TRANSFER OF LAND Effect of transfers 6 1 Sub-paragraph (2) applies where— a land is transferred to and vests in a body in accordance with this Schedule, and b the transferor enjoys or incurs any rights or liabilities immediately before the implementation date in connection with that land. 2 Those rights or liabilities are also transferred to, and by virtue of this Schedule, vest in, that body. 7 Any reference in this Part of this Schedule, in relation to a school, to land being transferred to, and vesting in, a foundation body is a reference to its being transferred to, and vesting in, that body for the purposes of the schools comprising the group for which that body acts. 8 Transfers of land under this Schedule do not affect the rights of the governing body in relation to the land under Schedule 13 to the School Standards and Framework Act 1998. 9 In its application to transfers under this Schedule, Schedule 10 to the Education Reform Act 1988 has effect as if references in it to the transfer date were references to the implementation date. Change from community school to voluntary aided school 10 1 Sub-paragraph (2) applies where— a proposals for a community school to become a voluntary aided school are required to be implemented under section 55(2), and b as from the implementation date the school will not be a member of the group for which a foundation body acts. 2 Any land other than playing fields which, immediately before the implementation date, was held or used by a local authority for the purposes of the community school is, on that date, to be transferred to, and vest in, the trustees of the school, to be held by them on trust for the purposes of the school. 11 1 Sub-paragraph (2) applies where— a proposals for a community school to become a voluntary aided school are required to be implemented under section 55(2), and b as from the implementation date the school will be a member of the group for which a foundation body acts. 2 Any land other than playing fields or land held on trust which, immediately before the implementation date, was held or used by a local authority for the purposes of the community school is, on that date, to be transferred to, and vest in, the foundation body. Change from community school to voluntary controlled school 12 1 Sub-paragraph (2) applies where— a proposals for a community school to become a voluntary controlled school are required to be implemented under section 55(2), and b as from the implementation date the school will not be a member of the group for which a foundation body acts. 2 Any land other than playing fields which, immediately before the implementation date, was held or used by a local authority for the purposes of the community school is, on that date, to be transferred to, and vest in, the trustees of the school, to be held by them on trust for the purposes of the school. 13 1 Sub-paragraph (2) applies where— a proposals for a community school to become a voluntary controlled school are required to be implemented under section 55(2), and b as from the implementation date the school will be a member of the group for which a foundation body acts. 2 Any land other than playing fields or land held on trust which, immediately before the implementation date, was held or used by a local authority for the purposes of the community school is, on that date, to be transferred to, and vest in, the foundation body. Change from foundation school to community school 14 1 Sub-paragraphs (2) and (3) apply where proposals for a foundation school which is not a member of the group for which a foundation body acts to become a community school are required to be implemented under section 55(2). 2 Any publicly funded land which, immediately before the implementation date, was held by the trustees of the school or the governing body for the purposes of the school is, on that date, to be transferred to, and vest in, the local authority. 3 Any other land which, immediately before that date, was held by the trustees of the school or the governing body for the purposes of the school is to be transferred to, and vest in, the local authority in accordance with a transfer agreement. 15 1 Sub-paragraphs (2) and (3) apply where proposals for a foundation school which is a member of the group for which a foundation body acts to become a community school are required to be implemented under section 55(2). 2 Any publicly funded land which, immediately before the implementation date, was held by the foundation body for the purposes of the schools in the group and used for the purposes of the foundation school is, on that date, to be transferred to, and vest in, the local authority. 3 Any other land which, immediately before that date, was held by the foundation body for the purposes of the schools in the group and used for the purposes of the foundation school is to be transferred to, and vest in, the local authority in accordance with a transfer agreement. Change from foundation school to voluntary aided or voluntary controlled school 16 1 Sub-paragraph (2) applies where— a proposals for a foundation school which is not a member of the group for which a foundation body acts to become a voluntary aided or voluntary controlled school are required to be implemented under section 55(2), and b as from the implementation date the school will not be a member of the group. 2 Any land, other than land held on trust, which, immediately before the implementation date, was held by the governing body for the purposes of the foundation school is, on that date, to be transferred to, and vest in, the trustees of the school, to be held by them on trust for the purposes of the school. 17 1 Sub-paragraph (2) applies where— a proposals for a foundation school which is not a member of the group for which a foundation body acts to become a voluntary aided or voluntary controlled school are required to be implemented under section 55(2), and b as from the implementation date the school will be a member of the group. 2 Any land, other than land held on trust, which, immediately before the implementation date, was held by the governing body for the purposes of the foundation school is, on that date, to be transferred to, and vest in, the foundation body. 18 1 Sub-paragraph (2) applies where— a proposals for a foundation school which is a member of the group for which a foundation body acts to become a voluntary aided or voluntary controlled school are required to be implemented under section 55(2), and b as from the implementation date the school will not be a member of the group. 2 Any land which, immediately before the implementation date, was held by the foundation body for the purposes of the schools in the group and used for the purposes of the foundation school is, on that date, to be transferred to, and vest in, the trustees of the school, to be held by them on trust for the purposes of the school. Change from voluntary aided school to community school 19 1 Sub-paragraphs (2) and (3) apply where proposals for a voluntary aided school which is not a member of the group for which a foundation body acts to become a community school are required to be implemented under section 55(2). 2 Any publicly funded land which, immediately before the implementation date, was held by the trustees of the school or the governing body for the purposes of the school is, on that date, to be transferred to, and vest in, the local authority. 3 Any other land which, immediately before that date, was held by the trustees of the school or the governing body for the purposes of the school is to be transferred to, and vest in, the local authority in accordance with a transfer agreement. 20 1 Sub-paragraphs (2) and (3) apply where proposals for a voluntary aided school which is a member of the group for which a foundation body acts to become a community school are required to be implemented under section 55(2). 2 Any publicly funded land which, immediately before the implementation date, was held by the foundation body for the purposes of the schools in the group and used for the purposes of the voluntary aided school is, on that date, to be transferred to, and vest in, the local authority. 3 Any other land which, immediately before that date, was held by the foundation body for the purposes of the schools in the group and used for the purposes of the voluntary aided school is to be transferred to, and vest in, the local authority in accordance with a transfer agreement. Change from voluntary aided or voluntary controlled school to voluntary controlled or voluntary aided school 21 1 Sub-paragraph (2) applies where— a proposals for a voluntary aided school or a voluntary controlled school which is not a member of the group for which a foundation body acts to become a voluntary controlled school or a voluntary aided school are required to be implemented under section 55(2), and b as from the implementation date the school will be a member of such a group. 2 Any land, other than land held on trust, which, immediately before the implementation date, was held by the governing body for the purposes of the school is, on that date, to be transferred to, and vest in, the foundation body. 22 1 Sub-paragraph (2) applies where— a proposals for a voluntary aided school or a voluntary controlled school which is a member of the group for which a foundation body acts to become a voluntary controlled school or a voluntary aided school are required to be implemented under section 55(2), and b as from the implementation date the school will not be a member of the group. 2 Any land which, immediately before the implementation date, was held by the foundation body for the purposes of the schools in the group and used for the purposes of the school is, on that date, to be transferred to, and vest in, the trustees of the school to be held by them on trust for the purposes of the school. Change from foundation, voluntary aided or voluntary controlled school to voluntary controlled or voluntary aided school 23 1 Sub-paragraph (2) applies where— a proposals for a foundation, voluntary aided or voluntary controlled school which is a member of the group for which a foundation body acts to become a voluntary controlled or voluntary aided school are required to be implemented under section 55(2), and b as from the implementation date the school will be a member of the group for which another foundation body acts. 2 Any land which, immediately before the implementation date, was held by the foundation body mentioned in sub-paragraph (1)(a) for the purposes of the schools in the group and used for the purposes of the school is, on that date, to be transferred to, and vest in, the foundation body mentioned in sub-paragraph (1)(b). Change from voluntary controlled school to community school 24 1 Sub-paragraphs (2) and (3) apply where proposals for a voluntary controlled school which is not a member of the group for which a foundation body acts to become a community school are required to be implemented under section 55(2). 2 Any publicly funded land which, immediately before the implementation date, was held by the trustees of the school or the governing body for the purposes of the school is, on that date, to be transferred to, and vest in, the local authority. 3 Any other land which, immediately before that date, was held by the trustees of the school or the governing body for the purposes of the school is to be transferred to, and vest in, the local authority in accordance with a transfer agreement. 25 1 Sub-paragraphs (2) and (3) apply where proposals for a voluntary controlled school which is a member of the group for which a foundation body acts to become a community school are required to be implemented under section 55(2). 2 Any publicly funded land which, immediately before the implementation date, was held by the foundation body for the purposes of the schools in the group and used for the purposes of the voluntary controlled school is, on that date, to be transferred to, and vest in, the local authority. 3 Any other land which, immediately before that date, was held by the foundation body for the purposes of the schools in the group and used for the purposes of the voluntary controlled school is to be transferred to, and vest in, the local authority in accordance with a transfer agreement. Outstanding transfers 26 1 Sub-paragraph (2) applies where immediately before the implementation date in relation to any change of category occurring in respect of a school— a any land vested in a local authority is by virtue of any statutory provision required to be transferred to the governing body or any trustees of the school, but b the land has not yet been so transferred. 2 Paragraphs 10 to 25 of this Schedule apply to the school as if the land had been so transferred by that time. Transfer of right to use land 27 1 Sub-paragraph (2) applies if— a paragraph 10, 11, 12 or 13 applies to a school, b any land held by a person or body other than a local authority was, immediately before the implementation date, used for the purposes of the school, and c the local authority enjoyed or incurred any rights or liabilities immediately before the implementation date in connection with the use of the land. 2 Those rights and liabilities are, on the implementation date, to be transferred to, and vest in, the trustees of the school or, if there are no trustees, the governing body. 28 1 Sub-paragraph (2) applies if— a paragraph 14, 15, 19, 20, 24 or 25 applies to a school, b any land held by a person or body other than the governing body of the school was, immediately before the implementation date, used for the purposes of the school, and c the governing body enjoyed or incurred any rights and liabilities immediately before the implementation date in connection with the use of the land. 2 Those rights and liabilities are, on the implementation date, to be transferred to, and vest in, the local authority. 29 1 Sub-paragraph (2) applies if— a paragraph 14, 15, 19, 20, 24 or 25 applies to a school, b any land held by a person or body other than any trustees or foundation body who hold any land for the purposes of the school was, immediately before the implementation date, used for the purposes of the school, and c the trustees or foundation body enjoyed or incurred any rights or liabilities immediately before the implementation date in connection with the use of the land. 2 Those rights and liabilities are, on the implementation date, to be transferred to, and vest in, the local authority in accordance with a transfer of rights and liabilities agreement. 3 A “ transfer of rights and liabilities agreement ” means an agreement— a made for the purposes of sub-paragraph (2) between the local authority and the trustees or foundation body, and b providing for the rights or liabilities in question to be transferred to, and vest in, the authority on the implementation date, whether or not in consideration of the payment by the authority of such amount as may be agreed between the parties. Exclusions from transfer 30 Nothing in paragraphs 10 to 25 has the effect of transferring to, or vesting in, any body— a any land, rights or liabilities excluded under paragraph 31 or 32, b any rights or liabilities under a contract of employment, c any liability of a local authority, governing body or trustees in respect of the principal of, or any interest on, any loan, or d any liability in tort. 31 1 Sub-paragraph (2) applies if before the implementation date in relation to any change of category— a the prospective transferee and transferor have agreed in writing that any land should be excluded from the operation of paragraphs 10 to 25, and b the Welsh Ministers have given their written approval of the agreement. 2 The land (and any rights or liabilities relating to it) is to be so excluded. 32 1 Sub-paragraph (2) applies if in the absence of agreement under paragraph 31— a the prospective transferee or transferor has applied to the Welsh Ministers to exclude any land from the operation of paragraphs 10 to 25, and b the Welsh Ministers have directed its exclusion. 2 The land (and any rights or liabilities relating to it) is to be excluded. 33 1 An agreement under paragraph 31 may provide for the land to be used or held for the purposes of the school on such terms as may be specified in or determined in accordance with the agreement. 2 Directions under paragraph 32— a may confer any rights or impose any liabilities that could have been conferred or imposed by an agreement under paragraph 31, and b have effect as if contained in such an agreement. 34 In paragraphs 31 and 32— “ the prospective transferee ” (“ y trosglwyddai arfaethedig ”), in relation to any land, means the body to which (apart from paragraphs 31 and 32) the land would fall to be transferred under paragraphs 10 to 25, and “ the prospective transferor ” (“ y trosglwyddwr arfaethedig ”) is to be construed accordingly. Restrictions on disposal or use of land 35 1 For the purposes of paragraphs 36 and 37 the procedure for becoming a school of another category is pending in relation to a school when it has been started by the governing body in relation to the school and not terminated. 2 That procedure is to be regarded as started in relation to a school on receipt by the local authority of notice of a meeting of the governing body at which a motion for a resolution to consult about proposals to change category is to be considered. 3 That procedure is to be regarded as terminated— a if the meeting is not held, b if the meeting is held but the motion is not moved or, though the motion is moved, the resolution is not passed, c if consultation is not carried out in accordance with section 48, d if the proposals in respect of which consultation was carried out are not published in accordance with section 48, e if the proposals are rejected by the Welsh Ministers under section 50 or by a local authority under section 51 or are withdrawn or if the governing body has determined not to implement them under section 53, or f on the date of implementation of the proposals. 36 1 While the procedure for becoming a school of another category is pending in relation to a school, a local authority may not, without the consent of the Welsh Ministers— a dispose of any land used wholly or partly for the purposes of the school, or b enter into a contract to dispose of such land. 2 Sub-paragraph (1) does not apply in relation to a disposal which is made in accordance with a contract entered into, or an option granted, before the procedure for becoming a school of another category was started in relation to the school. 3 Sub-paragraph (4) applies if— a proposals for becoming a school of another category are approved or the governing body has determined to implement them, and b agreement is required to be reached under paragraph 2(1) of Schedule 10 to the Education Reform Act 1988 (identification of property, etc. ) on any matter relating to any land to be transferred. 4 The procedure for becoming a school of another category is not to be treated as terminated for the purposes of this paragraph in relation to that land until the date on which that matter is finally determined. 5 A disposal or contract is not invalid or void by reason only that it has been made or entered into in breach of this paragraph and a person acquiring land, or entering into a contract to acquire land, from a local authority is not to be concerned to enquire whether any consent required by this paragraph has been given. 6 This paragraph has effect despite anything in section 123 of the Local Government Act 1972 (general power to dispose of land) or in any other enactment; and the consent required by this paragraph is in addition to any consent required by subsection (2) of that section or by any other enactment. 7 In this paragraph— a references to disposing of land include granting or disposing of any interest in land, and b references to entering into a contract to dispose of land include granting an option to acquire land or such an interest. 37 1 While the procedure for becoming a school of another category is pending in relation to a school, a local authority may not, without the consent of the Welsh Ministers, take any action in relation to any land of the authority used or held for the purposes of the school by which the land ceases to any extent to be so used or held. 2 Sub-paragraph (3) applies if in the case of any school— a proposals that a school become a school of another category are approved or the governing body have determined to implement them, and b a local authority has, in relation to any land, taken action in breach of subparagraph (1). 3 The transfer of property provisions have effect as if, immediately before the implementation date, the property were used or held by the authority for the purposes for which it was used or held when the procedure for becoming a school of another category was started. 4 In this paragraph— a “ the transfer of property provisions ” means this Schedule and section 198 of, and Schedule 10 to, the Education Reform Act 1988, and b the references to taking action include appropriating property for any purpose. PART 4 SUPPLEMENTAL School government 38 1 The Welsh Ministers may by regulations make provision in connection with the implementation of proposals to change a school's category with respect to the government of the school. 2 Those regulations may (amongst other things) make provision— a about the revision and replacement of the school's instrument of government, b about the reconstitution of its governing body, c applying, with or without modifications, provision made by or under Chapter 1 of Part 3 of the Education Act 2002 (government of maintained schools), and d about transitional matters. Transitional provisions - admissions 39 1 Where a community or voluntary controlled school becomes a voluntary aided school anything done before the implementation date by the local authority as admission authority under any provision in Chapter 1 of Part 3 of the School Standards and Framework Act 1998 (admission arrangements) has effect, from the implementation date, as if done by the governing body. 2 Where a foundation or voluntary aided school becomes a community or voluntary controlled school anything done before the implementation date by the governing body as admission authority under any provision in Chapter 1 of Part 3 of the School Standards and Framework Act 1998 has effect, from the implementation date, as if done by the local authority. SCHEDULE 5 MINOR AND CONSEQUENTIAL AMENDMENTS (Introduced by section 99) PART 1 AMENDMENTS RELATING TO PART 2 (STANDARDS) Education Reform Act 1988 1 1 Section 219 of the Education Reform Act 1988 (powers of Welsh Ministers and Secretary of State in relation to certain educational institutions) is amended as follows. 2 In subsection (3) after “institution” insert “ in England ” . 3 After subsection (3) insert— 3A Chapter 1 of Part 2 of the School Standards and Organisation (Wales) Act 2013 (“ the 2013 Act ”) (intervention in conduct of maintained schools) has effect in relation to an institution in Wales to which this section applies as if— a a reference to the governing body of a maintained school included a reference to the governing body of an institution to which this section applies; b the only relevant grounds for intervention were grounds 5 and 6 in section 2 of the 2013 Act; and c sections 3 to 9 and 12 to 16 of the 2013 Act did not apply. Education Act 1996 2 1 The Education Act 1996 is amended as follows. 2 In section 409(4) (complaints and enforcement: maintained schools in Wales) for the words from “section 496” to “duties)” substitute “ Chapter 1 or 2 of Part 2 of the School Standards and Organisation (Wales) Act 2013 (intervention in conduct of maintained schools and local authorities) ” . 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 In section 496(2) (power to prevent unreasonable exercise of functions)— a in paragraph (a), after “local authority” insert “ in England ” ; b in paragraph (b), after “school” in each place it appears insert “ in England ” . 5 In section 497(2) (general default powers for failure to discharge duty)— a in paragraph (a), after “local authority” insert “ in England ” ; b in paragraph (b), after “school” in each place it appears insert “ in England ” . 6 In section 497A(1) (power to secure proper performance of functions) for “a local authority's education functions” substitute “ the education functions of a local authority in England ” . 7 In section 560(6) (work experience in last year of compulsory schooling) after “or 496” insert “ or Chapter 2 of Part 2 of the School Standards and Organisation (Wales) Act 2013 ” . 8 In paragraph 6(4) of Schedule 1 (pupil referral units) for the words from “section 496” to “powers)” substitute “ Chapter 2 of Part 2 of the School Standards and Organisation (Wales) Act 2013 (intervention in local authorities) ”. Teaching and Higher Education Act 1998 3 In section 19 of the Teaching and Higher Education Act 1998 (requirement to serve induction period) for subsection (12) substitute— 12 Chapter 1 of Part 2 of the School Standards and Organisation (Wales) Act 2013 (“ the 2013 Act ”) (intervention in conduct of maintained schools) has effect in relation to duties imposed and powers conferred by virtue of this section as if— a references to functions under the Education Acts included duties imposed and powers conferred by virtue of this section; b references to the governing body of a maintained school included— i the governing body of a special school not maintained by a local authority, ii the governing body (within the meaning given by section 90(1) of the Further and Higher Education Act 1992) of a further education institution, and iii an appropriate body for the purposes of subsection (2); c the only relevant grounds for intervention were grounds 5 and 6 in section 2 of the 2013 Act; and d sections 3 to 9 and 12 to 16 of that Act did not apply. 13 Chapter 2 of Part 2 of the 2013 Act (intervention in local authorities) has effect in relation to duties imposed and powers conferred by virtue of this section as if references to education functions included duties imposed and powers conferred on a local authority by virtue of this section. School Standards and Framework Act 1998 4 1 The School Standards and Framework Act 1998 is amended as follows. 2 Chapter 4 of Part 1 (intervention in schools in Wales causing concern) is repealed. 3 In section 51A (expenditure incurred for community purposes)— a omit “section 17 or”; b after “15” insert “ or section 8 of the School Standards and Organisation (Wales) Act 2013 ” . 4 In section 62 (reserve power to prevent breakdown of discipline)— a in subsection (1)— i after “local authority” insert “ in England ” ; ii omit “or (3)”; b omit subsection (3). 5 In section 89C(2) (further provision about schemes for co-ordinating admission arrangements) for “, sections 496” to the end substitute— a Chapter 1 of Part 2 of the School Standards and Organisation (Wales) Act 2013 (“ the 2013 Act ”) (intervention in conduct of maintained schools) is to apply as if any obligations imposed on a governing body under the scheme were duties imposed by the Education Acts. b Chapter 2 of Part 2 of the 2013 Act (intervention in local authorities) is to apply as if any obligation imposed on a local authority were an education function. 6 In section 142(4)(b) (general interpretation) omit “of section 16(6) or (8)”. 7 In section 143 (index) in the entry for “maintained school”, omit the entry beginning “(in Chapter 4 of Part 1)”. 8 Omit Schedule 1A (governing bodies consisting of interim executive members). 9 In Schedule 22 (disposal of land), in paragraph 5(1)(b)(i) for “section 19(1)” substitute “ section 16 of the School Standards and Organisation (Wales) Act 2013 ” . Local Government Act 2000 5 1 Schedule 1 to the Local Government Act 2000 (executive arrangements in Wales) is amended as follows. 2 For paragraph 10 substitute— 10 Chapter 2 of Part 2 of the School Standards and Organisation (Wales) Act 2013 (intervention in local authorities) applies to the performance of any duty imposed on a local authority by virtue of paragraph 8 or 9 as it applies to the performance by a local authority of a duty that is an education function but as if— a the only relevant grounds for intervention were grounds 1 and 2 in section 21 of that Act; an b sections 24 to 27 of that Act did not apply. 3 In paragraph 11A for “9” substitute “ 10 ” . Education Act 2002 6 1 The Education Act 2002 is amended as follows. 2 In section 34(7) (arrangements for government of new schools) after “State)” insert “ and Chapter 1 of Part 2 of the School Standards and Organisation (Wales) Act 2013 (intervention in conduct of maintained schools in Wales) ” . 3 In section 35(7) (staffing of community, voluntary controlled, community special and maintained nursery schools)— a omit “section 17 of, or”; b after “2006” insert “ , or section 8 of the School Standards and Organisation (Wales) Act 2013 ” . 4 In section 36(7) (staffing of foundation, voluntary aided and foundation special schools) — a omit “section 17 of, or”; b after “2006” insert “ , or section 8 of the School Standards and Organisation (Wales) Act 2013 ” . 5 In section 37(11) (payments in respect of dismissal, etc)— a omit “section 17 of, or”; b after “1998 (c 31)” insert “ or section 8 of the School Standards and Organisation (Wales) Act 2013 ” . 6 Omit sections 55 to 59 and section 63 (powers of intervention). 7 In section 64 (provisions supplementary to powers to require local authorities to obtain advisory services)— a in subsection (1)— i omit “or 63”, ii omit “or the National Assembly for Wales”, iii omit “or it”, iv omit “or the Assembly” (in both places); b in subsection (2) omit “or 63”; c in subsection (7) omit “or 63” and “or 63(2)”. 8 Omit Schedules 5 and 6 (amendments relating to schools causing concern and governing bodies consisting of interim executive members). 9 In Schedule 21 (minor and consequential amendments) omit paragraphs 92 to 94 and 103. 10 See also the amendment made by paragraph 21(11) of this Schedule to paragraph 5(2)(b)(iii) of Schedule 1 (which is in part consequential on Part 2 of this Act). Children Act 2004 7 1 The Children Act 2004 is amended as follows. 2 In section 50 (intervention)— a in subsection (1) after “local authority” insert “ in England ” ; b in subsection (2)(c) omit “or under sections 25, 26 and 29 above (in the case of a local authority in Wales)”; c in the heading after “Intervention” insert “ - England ” . 3 After section 50 insert— Intervention – Wales 50A 1 Chapter 2 of Part 2 of the School Standards and Organisation (Wales) Act 2013 (intervention in local authorities) applies in relation to the functions of a local authority in Wales which are specified in subsection (2) as it applies in relation to a local authority's education functions but as if the only relevant ground for intervention were ground 3 in section 21 of that Act. 2 The functions of a local authority are— a functions conferred on or exercisable by the authority which are social services functions, so far as those functions relate to children; b the functions conferred on the authority under sections 23C to 24D of the Children Act 1989 (so far as not falling within paragraph (a)); and c the functions conferred on the authority under sections 25, 26 and 29 above. 3 In the application of Chapter 2 of Part 2 of the School Standards and Organisation (Wales) Act 2013 by virtue of this section, section 27 of that Act (power to direct exercise of other education functions) has effect as if the reference to education functions included (for all purposes) the functions of the local authority which are specified in subsection (2). 4 In this section— “ education functions ” has the meaning given by section 579(1) of the Education Act 1996; “ social services functions ” has the same meaning as in the Local Authority Social Services Act 1970. Education Act 2005 8 1 The Education Act 2005 is amended as follows. 2 Omit section 45 (power to direct closure of school). 3 In section 114(8) (supply of information about school workforce)— a omit “and” at the end of paragraph (a); b in paragraph (b) at the beginning insert “ in relation to England, ” ; c after paragraph (b) insert— and c in relation to Wales, provide that Chapter 2 of Part 2 of the School Standards and Organisation (Wales) Act 2013 (intervention in local authorities) is to have effect as if— i references to a local authority included a reference to a prescribed person, ii duties imposed by virtue of this section were education functions, iii the only relevant ground for intervention were ground 1 in section 21, and iv sections 24 to 27 did not apply. 4 In Schedule 9 (amendments relating to school inspection) omit paragraphs 14 to 20. 5 See also the amendment made by paragraph 22(2)(b) of this Schedule to section 28(4)(c) of the Education Act 2005 (which is in part consequential on Part 2 of this Act). Education and Inspections Act 2006 9 1 The Education and Inspections Act 2006 is amended as follows. 2 In Schedule 7 (amendments relating to schools causing concern) omit paragraphs 3 to 14, 16, 17, 18, 19(b) and 21. 3 In Schedule 17 (miscellaneous amendments) omit paragraphs 1, 2 and 6. Childcare Act 2006 10 For section 29 of the Childcare Act 2006 (powers of Welsh Ministers to secure proper performance etc) substitute— Powers of intervention of Welsh Ministers 29 1 Chapter 2 of Part 2 the School Standards and Organisation (Wales) Act 2013 (intervention in local authorities) applies in relation to a Welsh local authority and the powers conferred or the duties imposed on it by, under or for the purposes of this Part as it applies in relation to the education functions (as defined by section 579(1) of the Education Act 1996) of such an authority. 2 In the application of Chapter 2 of Part 2 of the School Standards and Organisation (Wales) Act 2013 by virtue of this section, section 27 of that Act (power to direct exercise of other education functions) has effect as if the reference to education functions included (for all purposes) functions of a Welsh local authority under this Part. Equality Act 2010 11 1 Section 87 of the Equality Act 2010 (application of certain powers under Education Act 1996) is amended as follows. 2 At the beginning insert— A1 Subsections (1) and (2) do not apply in the case of a school in Wales. 3 After subsection (2) insert— 3 In the case of a school in Wales— a Chapter 1 of Part 2 of the School Standards and Organisation (Wales) Act 2013 (“ the 2013 Act ”) (intervention in conduct of maintained schools) applies to the performance of a duty under section 85, but as if— i the only relevant grounds for intervention were grounds 5 and 6 in section 2 of that Act, and ii sections 3 to 9 and 12 to 16 of that Act did not apply; b Chapter 2 of Part 2 of the 2013 Act (intervention in local authorities) applies to the performance of a duty under section 85, but as if— i the only relevant grounds for intervention were grounds 1 and 2 in section 21 of that Act, and ii sections 24 to 27 of that Act did not apply. 4 But neither of Chapters 1 and 2 of Part 2 of the 2013 Act applies to the performance of a duty under section 85 by the proprietor of an independent educational institution (other than a special school). Apprenticeships, Skills, Children and Learning Act 2009 12 In the Apprenticeships, Skills, Children and Learning Act 2009 omit section 205 and Schedule 14 (powers in relation to schools causing concern). Education (Wales) Measure 2011 13 1 The Education (Wales) Measure 2011 is amended as follows. 2 Omit section 16 (federation of schools causing concern by direction of the Welsh Ministers). 3 In section 18(1) (federations: supplementary provisions)— a for paragraph (a) substitute— a Chapter 1 of Part 2 of the School Standards and Organisation (Wales) Act 2013 (intervention in conduct of maintained schools), or ; b in paragraph (b) for “that Act” substitute “ the School Standards and Framework Act 1998 ” . PART 2 AMENDMENTS RELATING TO PART 3 (SCHOOL ORGANISATION) Education Reform Act 1988 14 1 The Education Reform Act 1988 is amended as follows. 2 In section 198(1) (transfers under Parts 1 and 2) after paragraph (c) insert— or d Part 3 of Schedule 4 to the School Standards and Organisation (Wales) Act 2013; . ... 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Further and Higher Education Act 1992 16 1 The Further and Higher Education Act 1992 is amended as follows. 2 In section 58 (reorganisation of schools involving establishment of further education corporation)— a in subsection (3), for paragraph (b) substitute— b a relevant alteration has been made to the school, ; b omit subsection (4); c at the end insert— 5 In subsection (3)(b) “ relevant alteration ” means— a in the case of a school in England, a prescribed alteration within the meaning of section 18 of the Education and Inspections Act 2006, and b in the case of a school in Wales, a regulated alteration within the meaning of Chapter 2 of Part 3 of the School Standards and Organisation (Wales) Act 2013. Education Act 1996 17 1 The Education Act 1996 is amended as follows. 2 In section 5(3A)(b) (primary schools, secondary schools and middle schools)— a the words after “Wales,” become sub-paragraph (i); b after “1998” insert— , and ii section 48, 59 or 68 of the School Standards and Organisation (Wales) Act 2013 . 3 In section 394 (determination of cases in which requirement for Christian collective worship is not to apply), omit subsection (9)(b). 4 In section 409(2) (complaints and enforcement: maintained schools in Wales), omit “or foundation special”. 5 In section 529(2) (power to accept gifts on trust for educational purposes)— a for “28 and 31 of the School Standards and Framework Act 1998” substitute “ 41 and 44 of the School Standards and Organisation (Wales) Act 2013 ” ; b for the words from “(so that” to “in Wales” substitute “ and sections 48 to 55 of, and Schedule 3 to, that Act (school organisation proposals ” . 6 In section 530(3)(b) (compulsory purchase of land) for the words from “paragraph 18” to the end substitute “ paragraph 9 of Schedule 3 to the School Standards and Organisation (Wales) Act 2013 (assistance in respect of maintenance and other obligations relating to voluntary aided schools) (including that paragraph as applied by section 76(3) of that Act) ” . Education Act 1997 18 1 The Education Act 1997 is amended as follows. 2 In section 29 (functions of the Welsh Ministers in relation to curriculum and assessment— a in subsection (5) in the definition of “maintained school”, omit “or foundation”; b in subsection (6) omit “or foundation”. 3 In section 43(2)(c) (provision of careers education in schools in Wales), omit “or foundation”. School Standards and Framework Act 1998 19 1 The School Standards and Framework Act 1998 is amended as follows. 2 In section 20(2A)(b) (new categories of maintained schools) after “this Act” insert “ or sections 45 to 55 of, and Schedule 4 to, the School Standards and Organisation (Wales) Act 2013 ” . 3 In section 21(6) (kinds of foundation and voluntary schools and types of foundations)— a in paragraph (a)— i omit “in accordance with Schedule 8 or”, and ii after “Act 2006” insert “ or in accordance with proposals made under section 45 of the School Standards and Organisation (Wales) Act 2013 ” ; b in paragraph (f)— i in sub-paragraph (i), omit “under paragraph 2 of Schedule 8 or” and after “Act 2006” insert “ or under section 48 of the School Standards and Organisation (Wales) Act 2013 ” , ii in sub-paragraph (ii), for “that paragraph or that section” substitute “ either of those sections ” , iii omit sub-paragraph (iii). 4 Omit sections 28 and 29 (proposals for establishment, alteration and discontinuance of mainstream schools). 5 In section 30 (notice by governing body to discontinue foundation or voluntary school)— a in subsection (1) after “voluntary school” insert “ in England ” ; b in subsection (3) omit paragraph (b); c in subsection (9) omit paragraph (a); d in the heading after “voluntary school” insert “ in England ” . 6 Omit sections 31 to 35 (provisions relating to special schools, rationalisation of school places and change of category of schools). 7 In section 49(6) (maintained schools to have delegated budgets)— a omit “paragraph 14(2) of Schedule 6, paragraph 3(3) of Schedule 7A to the Learning and Skills Act 2000”, b after “2002” insert “ section 75(2)(b) of, or paragraph 4 of Schedule 3 to, the School Standards and Organisation (Wales) Act 2013 ” . 8 In section 82(1) (modification of trust deeds) for “or the Academies Act 2010” substitute “ , the Academies Act 2010 or the School Standards and Organisation (Wales) Act 2013 ” . 9 Omit section 101(3) (permitted selection: pupil banding). 10 In section 103(2)(b) (permitted selection: introduction, variation or abandonment of provision for such selection) for “prescribed alteration for the purposes of section 28” substitute “ regulated alteration within the meaning of Chapter 2 of Part 3 of the School Standards and Organisation (Wales) Act 2013 ” . 11 In section 143 (index)— a omit the entry beginning “alteration”; b omit the entry beginning “area”; c omit the entry beginning “discontinuing”; d omit the entry beginning “promoters”; e omit the entry beginning “school opening date”. 12 In Schedule 3 (funding of foundation, voluntary and foundation special schools)— a in paragraph 2(2)(a)(ii), for the words from “or promoters” to “proposals)” substitute “ or the person by whom proposals were made is required to provide by virtue of Part 2 of Schedule 3 to the School Standards and Organisation (Wales) Act 2013 (provision of premises and other assistance) ” ; b in paragraph 7— i in sub-paragraph (3)(a) after “28,” insert— ia the implementation of proposals made under section 42 of the School Standards and Organisation (Wales) Act 2013 to make a regulated alteration to a school, ; ii in sub-paragraph (5) for “to the promoters” substitute— a in relation to England, to the promoters, and b in relation to Wales, to the person who made the proposals under section 41(2) of the School Standards and Organisation (Wales) Act 2013 . 13 Omit Schedules 6 to 8 (provisions about procedure and implementation of statutory proposals, rationalisation of school places and changes of category of schools). 14 In Schedule 22 (disposals of land)— a in paragraph 1,— i in sub-paragraph (1) for “, voluntary or foundation special” substitute “ or voluntary ” ; ii after sub-paragraph (1)(a) insert— aa any land acquired under paragraph 7 of Schedule 3 to the School Standards and Organisation (Wales) Act 2013, under that paragraph as applied by section 76(1) of that Act or under Part 3 of Schedule 4 to that Act; ; b in paragraph 2, after sub-paragraph (1)(a) insert— aa any land acquired under paragraph 7 or 11 of Schedule 3 to the School Standards and Organisation (Wales) Act 2013, under either of those paragraphs as applied by section 76(1) or (3) of that Act or under Part 3 of Schedule 4 to that Act; ; c in paragraph 2A— i in sub-paragraph (1) omit “or foundation special”; ii after sub-paragraph (1)(a) insert— aa any land acquired under paragraph 7 of Schedule 3 to the School Standards and Organisation (Wales) Act 2013, under that paragraph as applied by section 76(1) of that Act or under Part 3 of Schedule 4 to that Act; ; iii in sub-paragraph (1)(b) after “(a)” insert “ or (aa) ” ; iv in sub-paragraph (1)(c) omit “or foundation special”; v in sub-paragraph (2)(a)(ii) after “(a)” insert “ or (aa) ” ; vi in sub-paragraph (2)(b) after “(a)” insert “ or (aa) ” ; vii in sub-paragraph (6) omit “or foundation special”; viii in the heading omit “or foundation special school”; d in paragraph 3— i in sub-paragraph (1) for “, voluntary or foundation special” substitute “ or voluntary ” ; ii after sub-paragraph (1)(a) insert— aa any land acquired under paragraph 7 or 11 of Schedule 3 to the School Standards and Organisation (Wales) Act 2013, under those paragraphs as applied by section 76(1) or (3) of that Act or under Part 3 of Schedule 4 to that Act; ; iii in sub-paragraph (3) after “(a),” insert “ (aa), ” ; iv in sub-paragraph (4)(c)(ii) after “this Act” insert “ or under paragraph 7(6) of Schedule 3 to the School Standards and Organisation (Wales) Act 2013 ” ; v in sub-paragraph (8)(b)(i) for “, voluntary or foundation special” substitute “ or voluntary ” ; vi in sub-paragraph (8)(b)(ii) for “foundation, voluntary or foundation special” substitute “ voluntary ” ; vii in sub-paragraph (12) for “, voluntary or foundation special” substitute “ or voluntary ” ; viii in the heading for “, voluntary or foundation special” substitute “ or voluntary ” ; e in paragraph 4(1)(a)(i) for “, voluntary or foundation special” substitute “ or voluntary ” ; f in paragraph 5— i in sub-paragraph (1)(b)(i) for “, voluntary or foundation special” substitute “ or voluntary ” ; ii omit sub-paragraph (1)(b)(ii); iii in sub-paragraph (4)(c) after “alteration” insert “ or regulated alteration ” ; iv in sub-paragraph (4A) omit “or foundation special” and after “(a),” insert “ (aa), ” ; v in sub-paragraph (4B)(b)(ii) omit “or foundation special”; vi in sub-paragraph (4B)(d) after “alteration” insert “ or regulated alteration ” ; vii in sub-paragraph (6)(a) after “2A(1)(a),” insert “ (aa), ” ; g in paragraph 6— i in sub-paragraph (1) after “section 30(1)” insert “ or section 80 of the School Standards and Organisation (Wales) Act 2013 ” ; ii in sub-paragraph (2)(a) after “section 30(2)” insert “ or section 80(2) of the School Standards and Organisation (Wales) Act 2013 ” ; h in paragraph 8— i in sub-paragraph (1) after “section 30(10)” insert “ or section 80(11) of the School Standards and Organisation (Wales) Act 2013 ” ; ii in sub-paragraph (2) after “section 30(2)(a) to (d)” insert “ or section 80(2) of the School Standards and Organisation (Wales) Act 2013 ” ; i in paragraph 10 after sub-paragraph (1)(e) insert— f “ regulated alteration ” has the same meaning as in Chapter 2 of Part 3 of the School Standards and Organisation (Wales) Act 2013. Learning and Skills Act 2000 20 1 The Learning and Skills Act 2000 is amended as follows. 2 In section 33P(3)(b)(i) (application of local curriculum provisions to students who are registered pupils of special schools or who have learning difficulties) omit “or foundation”. 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Omit sections 113 and 113A. 5 In section 126(3)(b) (educational institutions: information and access) omit “or foundation”. 6 Omit the following provisions— a Schedules 7 and 7A; b paragraphs 84, 89 and 90 of Schedule 9. Education Act 2002 21 1 The Education Act 2002 is amended as follows. 2 In section 19(2)(e) (governing bodies) omit “, a foundation special school”. 3 Omit section 72 (restructuring sixth form education). 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 In section 129(6)(b) (transfer of employment) after “1998” insert “ or Part 3 of the School Standards and Organisation (Wales) Act 2013 ” . 8 In section 153(4) (powers of local authority in respect of funded nursery education) in the definition of “maintained school” omit “or foundation”. 9 Omit section 154 (establishment or alteration of maintained nursery schools). 10 Omit sections 191 to 193 (regional provision for special educational needs). 11 In paragraph 5(2)(b) of Schedule 1 (incorporation and powers of governing body) for paragraphs (i) to (iii) substitute— i the date on which proposals for discontinuing the school are implemented under Part 3 of the School Standards and Organisation (Wales) Act 2013, ii the date on which the school is discontinued under section 80 of the School Standards and Organisation (Wales) Act 2013, or iii the date specified in a direction given under section 16(2) or 81(1) of the School Standards and Organisation (Wales) Act 2013 . 12 Omit Schedules 9 and 10 (proposals relating to sixth forms and establishment of schools). 13 In Schedule 21 (minor and consequential amendments) omit paragraphs 98, 115, 116 and 126. Education Act 2005 22 1 The Education Act 2005 is amended as follows. 2 In section 28 (duty to arrange regular inspections of certain schools)— a in subsection (2)(b) omit “and foundation”; b in subsection (4)— i in paragraph (a) omit “or foundation”; ii in paragraph (b) for “section 30 of the School Standards and Framework Act 1998 (c31)” substitute “ section 80 of the School Standards and Organisation (Wales) Act 2013 ” ; iii in paragraph (c) omit “or foundation” and for “section 19 or 32 of that Act” substitute “ section 16(2) or 81(1) of the School Standards and Organisation (Wales) Act 2013 ” ; iv in paragraph (d) omit “or foundation”. 3 In section 31(1) (interpretation of Chapter 3) in the definition of “maintained school” omit “or foundation”. 4 In section 41(3) (destination of reports: non-maintained schools) omit “or foundation”. 5 In section 42(4) (statement to be prepared by proprietor of school) omit “or foundation”. 6 In section 43 (interpretation of Chapter 4) in the definition of “maintained school” omit “or foundation”. 7 Omit the following provisions— a section 46 (sixth forms requiring significant improvement); b sections 68, 69, 70, 71 (school organisation). 8 In paragraph 1 of Schedule 4 (school inspections in Wales under section 28) in the definition of “appropriate authority” omit “or foundation”. 9 Omit the following provisions— a Schedule 5 (sixth forms requiring significant improvement); b paragraphs 7, 8, 13 and 14 of Schedule 12 (amendments relating to school organisation). Education and Inspections Act 2006 23 1 The Education and Inspections Act 2006 is amended as follows. 2 Omit section 54(1)(e) (pupil banding). 3 In Schedule 3 (amendments relating to school organisation) omit paragraphs 14(b)(ii), 18, 20, 22 to 26, 33 to 36, 46 and 50. 4 In Schedule 14 (minor and consequential amendments) omit paragraphs 61 and 66. National Health Service (Wales) Act 2006 24 1 The National Health Service (Wales) Act 2006 is amended as follows. 2 In paragraph 5(1)(a) and (b) of Schedule 1 (further provision about the Welsh Ministers and services under this Act) for “, voluntary or foundation special” substitute “ or voluntary ” . Learner Travel (Wales) Measure 2008 25 1 The Learner Travel (Wales) Measure 2008 is amended as follows. 2 In section 24(1) (general interpretation) in the definition of “maintained school” omit “or foundation”. Learning and Skills (Wales) Measure 2009 26 1 The Learning and Skills (Wales) Measure 2009 is amended as follows. 2 In section 44 (learning pathways: interpretation) in the definition of “maintained school” omit “or foundation”. Healthy Eating in Schools (Wales) Measure 2009 27 1 The Healthy Eating in Schools (Wales) Measure 2009 is amended as follows. 2 In section 11 (interpretation) in the definition of “maintained school” omit “or foundation”. Equality Act 2010 28 1 The Equality Act 2010 is amended as follows. 2 In paragraph 4 of Schedule 11 (single-sex schools turning co-educational)— a in sub-paragraph (2) for the words from “paragraph 22” to “1998” substitute “ section 82 of, or Part 3 of Schedule 3 to, the School Standards and Organisation (Wales) Act 2013 ” ; b omit sub-paragraph (5). Education (Wales) Measure 2011 29 1 The Education (Wales) Measure 2011 is amended as follows. 2 In section 8 (interpretation of Part 1) in the definition of “maintained school” omit “or foundation”. 3 In section 13(b) (single governing body for federations) for the words from “Chapter 2” to the end substitute “ Part 3 of the School Standards and Organisation (Wales) Act 2013 (school organisation) or in Part 3 of the School Standards and Framework Act 1998 (school admissions) ” . 4 Omit section 20 (minor and consequential amendments to the Education Act 2005). 5 In section 21(1) (interpretation of Chapter 1) in the definition of “maintained school” omit “or foundation”. 6 Omit sections 26 to 30 (foundation schools). Welsh Language (Wales) Measure 2011 30 1 The Welsh Language (Wales) Measure 2011 is amended as follows. 2 In paragraph 2 of Schedule 6 in the definition of “governing body of a school” omit “or foundation”. PART 3 AMENDMENTS RELATING TO PART 5 (MISCELLANEOUS SCHOOLS DUTIES) Education Act 1996 and orders made under it 31 1 In section 512A(6) of the Education Act 1996 (transfer of functions under section 512 to governing bodies), omit from “and such” to the end. 2 In the Education (Transfer of Functions Concerning School Lunches) (Wales) Order 1999 ( SI 1999/610), omit article 4. 3 In the Education (Transfer of Functions Concerning School Lunches) (Wales) ( No. 2) Order 1999 (SI 1999/1779), omit article 4. Education Act 2002 32 In Schedule 21 to the Education Act 2002 (minor and consequential amendments) omit paragraph 110. Education Act 2005 33 In section 103 of the Education Act 2005 (annual parents' meetings) omit subsection (2) and (3)(a)(ii). Education and Inspections Act 2006 34 1 The Education and Inspections Act 2006 is amended as follows. 2 Omit section 58 (code of practice as to relationships between local authorities and maintained schools). 3 In section 87 (power to charge for provision of meals)— a in subsection (1), omit paragraph (b); b in subsection (2), omit paragraph (b). Healthy Eating in Schools (Wales) Measure 2009 35 In section 8(2)(b) of the Healthy Eating in Schools (Wales) Measure 2009 (which provides for a new subsection (4A) to be inserted into section 512 of the Education Act 1996), for “7(5)” substitute “ 4 ” . Education Act 2011 36 In section 35 of the Education Act 2011 (duties in relation to school meals)— a in subsection (2) omit paragraph (b); b in subsection (3) omit paragraph (b). S. 99 not in force at Royal Assent; s. 99 in force for specified purposes at 4.5.2013, see s. 100(3) Sch. 5 para. 34 not in force at Royal Assent; Sch. 5 para. 34(1)(3) in force at 4.5.2013, see s. 100(3) Sch. 5 para. 10 in force at 20.2.2014 by S.I. 2014/178 , art. 2(f) (with art. 3 ) Sch. 3 para. 6 in force at 1.10.2013 by S.I. 2013/1800 , art. 3(g) Sch. 4 para. 24 in force at 1.10.2013 by S.I. 2013/1800 , art. 3(h) Sch. 5 para. 7 in force at 20.2.2014 by S.I. 2014/178 , art. 2(f) (with art. 3 ) Sch. 1 para. 9 in force at 20.2.2014 by S.I. 2014/178 , art. 2(e) (with art. 3 ) S. 39 in force at 26.4.2013 for specified purposes by S.I. 2013/1000 , art. 2(b) S. 3 in force at 20.2.2014 by S.I. 2014/178 , art. 2(a) (with art. 3 ) S. 58 in force at 1.10.2013 by S.I. 2013/1800 , art. 3(b) Words in s. 98(3) substituted (1.9.2021 for specified purposes, 1.1.2022 for specified purposes, 1.9.2022 for specified purposes) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2) , s. 100(3) , Sch. 1 para. 22(5) ; S.I. 2021/373 , arts. 3 , 4 , 6 , 7 (as amended by S.I. 2021/938 , art. 2 ); S.I. 2021/1243 , art. 3 (with arts. 4-23 ) (as amended by S.I. 2021/1428 , art. 2 ); S.I. 2021/1244 , art. 3 (with arts. 4-21 ) (as amended by S.I. 2021/1428 , art. 3 ); S.I. 2021/1245 , arts. 3 , 4 (with art. 1(4) ); S.I. 2022/891 , art. 3 (with arts. 4-25 ); S.I. 2022/892 , arts. 2 , 3 (with arts. 4-18 ); S.I. 2022/893 , art. 4 ; S.I. 2022/894 , art. 3 ; S.I. 2022/895 , arts. 3 , 4 ; S.I. 2022/896 , art. 3 (with arts. 1(7) , 4-22 ); S.I. 2022/897 , art. 3 (with arts. 1(8) , 4-21 ); S.I. 2022/898 , arts. 2 , 3 S. 10 in force at 20.2.2014 by S.I. 2014/178 , art. 2(a) (with art. 3 ) Sch. 2 para. 23 in force at 1.10.2013 by S.I. 2013/1800 , art. 3(f) Sch. 4 para. 20 in force at 1.10.2013 by S.I. 2013/1800 , art. 3(h) Sch. 2 para. 2 in force at 1.10.2013 by S.I. 2013/1800 , art. 3(f) Sch. 5 para. 34(2) in force at 20.2.2014 by S.I. 2014/178 , art. 2(g) (with art. 3 ) Sch. 4 para. 2 in force at 1.10.2013 by S.I. 2013/1800 , art. 3(h) Sch. 3 para. 1 in force at 1.10.2013 by S.I. 2013/1800 , art. 3(g) Sch. 3 para. 8 in force at 1.10.2013 by S.I. 2013/1800 , art. 3(g) Sch. 5 para. 28 in force at 1.10.2013 by S.I. 2013/1800 , art. 3(j) S. 14 in force at 20.2.2014 by S.I. 2014/178 , art. 2(a) (with art. 3 ) Sch. 5 para. 3 in force at 20.2.2014 by S.I. 2014/178 , art. 2(f) (with art. 3 ) Words in Sch. 2 para. 15(2) substituted (1.9.2021 for specified purposes, 1.1.2022 for specified purposes, 1.9.2022 for specified purposes) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2) , s. 100(3) , Sch. 1 para. 22(6)(a)(iii) ; S.I. 2021/373 , arts. 3 , 4 , 6 , 7 (as amended by S.I. 2021/938 , art. 2 ); S.I. 2021/1243 , art. 3 (with arts. 4-23 ) (as amended by S.I. 2021/1428 , art. 2 ); S.I. 2021/1244 , art. 3 (with arts. 4-21 ) (as amended by S.I. 2021/1428 , art. 3 ); S.I. 2021/1245 , arts. 3 , 4 (with art. 1(4) ); S.I. 2022/891 , art. 3 (with arts. 4-25 ); S.I. 2022/892 , arts. 2 , 3 (with arts. 4-18 ); S.I. 2022/893 , art. 4 ; S.I. 2022/894 , art. 3 ; S.I. 2022/895 , arts. 3 , 4 ; S.I. 2022/896 , art. 3 (with arts. 1(7) , 4-22 ); S.I. 2022/897 , art. 3 (with arts. 1(8) , 4-21 ); S.I. 2022/898 , arts. 2 , 3 Sch. 4 para. 31 in force at 1.10.2013 by S.I. 2013/1800 , art. 3(h) S. 42 in force at 1.10.2013 by S.I. 2013/1800 , art. 3(a) (with art. 4 ) Sch. 5 para. 11 in force at 20.2.2014 by S.I. 2014/178 , art. 2(f) (with art. 3 ) Sch. 5 para. 9 in force at 20.2.2014 by S.I. 2014/178 , art. 2(f) (with art. 3 ) Pt. 2 Ch. 2 modified (1.4.2015) by Education (Wales) Act 2014 (anaw 5) , ss. 20 , 50(4) (with s. 20(3) ); S.I. 2015/29 , art. 3(j) S. 60 in force at 1.10.2013 by S.I. 2013/1800 , art. 3(b) Sch. 2 para. 5 in force at 1.10.2013 by S.I. 2013/1800 , art. 3(f) Sch. 4 para. 35 in force at 1.10.2013 by S.I. 2013/1800 , art. 3(h) Sch. 1 para. 8 in force at 20.2.2014 by S.I. 2014/178 , art. 2(e) (with art. 3 ) S. 2 in force at 20.2.2014 by S.I. 2014/178 , art. 2(a) (with art. 3 ) Pt. 2 Ch. 2 applied (with modifications) by 2006 c. 21, s. 29 (as substituted (20.2.2014) by School Standards and Organisation (Wales) Act 2013 (anaw 1) , s. 100(4) , Sch. 5 para. 10 ; S.I. 2014/178 , art. 2(f) (with art. 3 )) Words in Sch. 2 para. 24(1) substituted (1.9.2021 for specified purposes, 1.1.2022 for specified purposes, 1.9.2022 for specified purposes) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2) , s. 100(3) , Sch. 1 para. 22(6)(d)(ii) ; S.I. 2021/373 , arts. 3 , 4 , 6 , 7 (as amended by S.I. 2021/938 , art. 2 ); S.I. 2021/1243 , art. 3 (with arts. 4-23 ) (as amended by S.I. 2021/1428 , art. 2 ); S.I. 2021/1244 , art. 3 (with arts. 4-21 ) (as amended by S.I. 2021/1428 , art. 3 ); S.I. 2021/1245 , arts. 3 , 4 (with art. 1(4) ); S.I. 2022/891 , art. 3 (with arts. 4-25 ); S.I. 2022/892 , arts. 2 , 3 (with arts. 4-18 ); S.I. 2022/893 , art. 4 ; S.I. 2022/894 , art. 3 ; S.I. 2022/895 , arts. 3 , 4 ; S.I. 2022/896 , art. 3 (with arts. 1(7) , 4-22 ); S.I. 2022/897 , art. 3 (with arts. 1(8) , 4-21 ); S.I. 2022/898 , arts. 2 , 3 S. 86 in force at 3.12.2013 by S.I. 2013/3024 , art. 2 S. 7 in force at 20.2.2014 by S.I. 2014/178 , art. 2(a) (with art. 3 ) Sch. 1 para. 4 in force at 20.2.2014 by S.I. 2014/178 , art. 2(e) (with art. 3 ) S. 16 in force at 20.2.2014 by S.I. 2014/178 , art. 2(a) (with art. 3 ) Pt. 2 Ch. 2 applied (with modifications) by 2010 c. 15, s. 87(3)(b) (as inserted (20.2.2014) by School Standards and Organisation (Wales) Act 2013 (anaw 1) , s. 100(4) , Sch. 5 para. 11(3) ; S.I. 2014/178 , art. 2(f) (with art. 3 )) Sch. 5 para. 21 in force at 1.10.2013 by S.I. 2013/1800 , art. 3(j) Sch. 2 para. 7 in force at 1.10.2013 by S.I. 2013/1800 , art. 3(f) Sch. 3 para. 11 in force at 1.10.2013 by S.I. 2013/1800 , art. 3(g) S. 43 in force at 1.10.2013 by S.I. 2013/1800 , art. 3(a) (with art. 4 ) S. 63 in force at 1.10.2013 by S.I. 2013/1800 , art. 3(b) S. 38 in force at 26.4.2013 for specified purposes by S.I. 2013/1000 , art. 2(a) S. 38 in force at 19.7.2013 in so far as not already in force by S.I. 2013/1800 , art. 2 Sch. 4 para. 32 in force at 1.10.2013 by S.I. 2013/1800 , art. 3(h) S. 69 in force at 1.10.2013 by S.I. 2013/1800 , art. 3(c) S. 82 in force at 1.10.2013 by S.I. 2013/1800 , art. 3(e) (with art. 4 ) Sch. 5 para. 27 in force at 1.10.2013 by S.I. 2013/1800 , art. 3(j) Sch. 1 para. 1 in force at 20.2.2014 by S.I. 2014/178 , art. 2(e) (with art. 3 ) Sch. 4 para. 14 in force at 1.10.2013 by S.I. 2013/1800 , art. 3(h) Words in Sch. 2 para. 24 heading heading substituted (1.9.2021 for specified purposes, 1.1.2022 for specified purposes, 1.9.2022 for specified purposes) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2) , s. 100(3) , Sch. 1 para. 22(6)(d)(i) ; S.I. 2021/373 , arts. 3 , 4 , 6 , 7 (as amended by S.I. 2021/938 , art. 2 ); S.I. 2021/1243 , art. 3 (with arts. 4-23 ) (as amended by S.I. 2021/1428 , art. 2 ); S.I. 2021/1244 , art. 3 (with arts. 4-21 ) (as amended by S.I. 2021/1428 , art. 3 ); S.I. 2021/1245 , arts. 3 , 4 (with art. 1(4) ); S.I. 2022/891 , art. 3 (with arts. 4-25 ); S.I. 2022/892 , arts. 2 , 3 (with arts. 4-18 ); S.I. 2022/893 , art. 4 ; S.I. 2022/894 , art. 3 ; S.I. 2022/895 , arts. 3 , 4 ; S.I. 2022/896 , art. 3 (with arts. 1(7) , 4-22 ); S.I. 2022/897 , art. 3 (with arts. 1(8) , 4-21 ); S.I. 2022/898 , arts. 2 , 3 Words in Sch. 2 para. 21 heading heading substituted (1.9.2021 for specified purposes, 1.1.2022 for specified purposes, 1.9.2022 for specified purposes) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2) , s. 100(3) , Sch. 1 para. 22(6)(b)(i) ; S.I. 2021/373 , arts. 3 , 4 , 6 , 7 (as amended by S.I. 2021/938 , art. 2 ); S.I. 2021/1243 , art. 3 (with arts. 4-23 ) (as amended by S.I. 2021/1428 , art. 2 ); S.I. 2021/1244 , art. 3 (with arts. 4-21 ) (as amended by S.I. 2021/1428 , art. 3 ); S.I. 2021/1245 , arts. 3 , 4 (with art. 1(4) ); S.I. 2022/891 , art. 3 (with arts. 4-25 ); S.I. 2022/892 , arts. 2 , 3 (with arts. 4-18 ); S.I. 2022/893 , art. 4 ; S.I. 2022/894 , art. 3 ; S.I. 2022/895 , arts. 3 , 4 ; S.I. 2022/896 , art. 3 (with arts. 1(7) , 4-22 ); S.I. 2022/897 , art. 3 (with arts. 1(8) , 4-21 ); S.I. 2022/898 , arts. 2 , 3 Sch. 2 para. 8 in force at 1.10.2013 by S.I. 2013/1800 , art. 3(f) Sch. 5 para. 8 in force at 20.2.2014 by S.I. 2014/178 , art. 2(f) (with art. 3 ) Sch. 2 para. 13 in force at 1.10.2013 by S.I. 2013/1800 , art. 3(f) Sch. 5 para. 5 in force at 20.2.2014 by S.I. 2014/178 , art. 2(f) (with art. 3 ) Sch. 5 para. 22 in force at 1.10.2013 by S.I. 2013/1800 , art. 3(j) Sch. 3 para. 5 in force at 1.10.2013 by S.I. 2013/1800 , art. 3(g) S. 56 in force at 1.10.2013 by S.I. 2013/1800 , art. 3(a) (with art. 4 ) Sch. 2 para. 16 in force at 1.10.2013 by S.I. 2013/1800 , art. 3(f) S. 81 in force at 1.10.2013 by S.I. 2013/1800 , art. 3(e) (with art. 4 ) Sch. 4 para. 12 in force at 1.10.2013 by S.I. 2013/1800 , art. 3(h) Words in s. 65(1) substituted (1.9.2021 for specified purposes, 1.1.2022 for specified purposes, 1.9.2022 for specified purposes) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2) , s. 100(3) , Sch. 1 para. 22(3)(c)(i) ; S.I. 2021/373 , arts. 3 , 4 , 6 , 7 (as amended by S.I. 2021/938 , art. 2 ); S.I. 2021/1243 , art. 3 (with arts. 4-23 ) (as amended by S.I. 2021/1428 , art. 2 ); S.I. 2021/1244 , art. 3 (with arts. 4-21 ) (as amended by S.I. 2021/1428 , art. 3 ); S.I. 2021/1245 , arts. 3 , 4 (with art. 1(4) ); S.I. 2022/891 , art. 3 (with arts. 4-25 ); S.I. 2022/892 , arts. 2 , 3 (with arts. 4-18 ); S.I. 2022/893 , art. 4 ; S.I. 2022/894 , art. 3 ; S.I. 2022/895 , arts. 3 , 4 ; S.I. 2022/896 , art. 3 (with arts. 1(7) , 4-22 ); S.I. 2022/897 , art. 3 (with arts. 1(8) , 4-21 ); S.I. 2022/898 , arts. 2 , 3 Sch. 4 para. 11 in force at 1.10.2013 by S.I. 2013/1800 , art. 3(h) Sch. 4 para. 5 in force at 1.10.2013 by S.I. 2013/1800 , art. 3(h) Sch. 5 para. 12 in force at 20.2.2014 by S.I. 2014/178 , art. 2(f) (with art. 3 ) S. 9 in force at 20.2.2014 by S.I. 2014/178 , art. 2(a) (with art. 3 ) Sch. 2 para. 9 in force at 1.10.2013 by S.I. 2013/1800 , art. 3(f) S. 84 in force at 3.12.2013 by S.I. 2013/3024 , art. 2 Sch. 2 para. 18 in force at 1.10.2013 by S.I. 2013/1800 , art. 3(f) S. 50 in force at 1.10.2013 by S.I. 2013/1800 , art. 3(a) (with art. 4 ) Sch. 2 para. 4 in force at 1.10.2013 by S.I. 2013/1800 , art. 3(f) S. 21 in force at 20.2.2014 by S.I. 2014/178 , art. 2(b) (with art. 3 ) Sch. 3 para. 12 in force at 1.10.2013 by S.I. 2013/1800 , art. 3(g) Sch. 5 para. 1 in force at 20.2.2014 by S.I. 2014/178 , art. 2(f) (with art. 3 ) Sch. 4 para. 27 in force at 1.10.2013 by S.I. 2013/1800 , art. 3(h) Words in s. 66(1) substituted (1.9.2021 for specified purposes, 1.1.2022 for specified purposes, 1.9.2022 for specified purposes) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2) , s. 100(3) , Sch. 1 para. 22(3)(d) ; S.I. 2021/373 , arts. 3 , 4 , 6 , 7 (as amended by S.I. 2021/938 , art. 2 ); S.I. 2021/1243 , art. 3 (with arts. 4-23 ) (as amended by S.I. 2021/1428 , art. 2 ); S.I. 2021/1244 , art. 3 (with arts. 4-21 ) (as amended by S.I. 2021/1428 , art. 3 ); S.I. 2021/1245 , arts. 3 , 4 (with art. 1(4) ); S.I. 2022/891 , art. 3 (with arts. 4-25 ); S.I. 2022/892 , arts. 2 , 3 (with arts. 4-18 ); S.I. 2022/893 , art. 4 ; S.I. 2022/894 , art. 3 ; S.I. 2022/895 , arts. 3 , 4 ; S.I. 2022/896 , art. 3 (with arts. 1(7) , 4-22 ); S.I. 2022/897 , art. 3 (with arts. 1(8) , 4-21 ); S.I. 2022/898 , arts. 2 , 3 Sch. 3 para. 7 in force at 1.10.2013 by S.I. 2013/1800 , art. 3(g) Sch. 2 para. 19 in force at 1.10.2013 by S.I. 2013/1800 , art. 3(f) S. 51 in force at 1.10.2013 by S.I. 2013/1800 , art. 3(a) (with art. 4 ) Sch. 2 para. 26 in force at 1.10.2013 by S.I. 2013/1800 , art. 3(f) Pt. 2 Ch. 2 modified by 1998 c. 30, s. 19(13) (as substituted (20.2.2014) by School Standards and Organisation (Wales) Act 2013 (anaw 1) , s. 100(4) , Sch. 5 para. 3 ; S.I. 2014/178 , art. 2(f) (with art. 3 )) Sch. 4 para. 17 in force at 1.10.2013 by S.I. 2013/1800 , art. 3(h) Sch. 5 para. 17 in force at 1.10.2013 by S.I. 2013/1800 , art. 3(j) S. 48 in force at 1.10.2013 by S.I. 2013/1800 , art. 3(a) (with art. 4 ) S. 39 in force at 19.7.2013 in so far as not already in force by S.I. 2013/1800 , art. 2 Sch. 1 para. 2 in force at 20.2.2014 by S.I. 2014/178 , art. 2(e) (with art. 3 ) S. 85 in force at 3.12.2013 by S.I. 2013/3024 , art. 2 S. 30 in force at 20.2.2014 by S.I. 2014/178 , art. 2(b) (with art. 3 ) Sch. 2 para. 11 in force at 1.10.2013 by S.I. 2013/1800 , art. 3(f) Words in Sch. 2 para. 24(2) substituted (1.9.2021 for specified purposes, 1.1.2022 for specified purposes, 1.9.2022 for specified purposes) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2) , s. 100(3) , Sch. 1 para. 22(6)(d)(iii) ; S.I. 2021/373 , arts. 3 , 4 , 6 , 7 (as amended by S.I. 2021/938 , art. 2 ); S.I. 2021/1243 , art. 3 (with arts. 4-23 ) (as amended by S.I. 2021/1428 , art. 2 ); S.I. 2021/1244 , art. 3 (with arts. 4-21 ) (as amended by S.I. 2021/1428 , art. 3 ); S.I. 2021/1245 , arts. 3 , 4 (with art. 1(4) ); S.I. 2022/891 , art. 3 (with arts. 4-25 ); S.I. 2022/892 , arts. 2 , 3 (with arts. 4-18 ); S.I. 2022/893 , art. 4 ; S.I. 2022/894 , art. 3 ; S.I. 2022/895 , arts. 3 , 4 ; S.I. 2022/896 , art. 3 (with arts. 1(7) , 4-22 ); S.I. 2022/897 , art. 3 (with arts. 1(8) , 4-21 ); S.I. 2022/898 , arts. 2 , 3 Sch. 4 para. 15 in force at 1.10.2013 by S.I. 2013/1800 , art. 3(h) Sch. 2 para. 1 in force at 1.10.2013 by S.I. 2013/1800 , art. 3(f) S. 65 in force at 1.10.2013 by S.I. 2013/1800 , art. 3(c) S. 54 in force at 1.10.2013 by S.I. 2013/1800 , art. 3(a) (with art. 4 ) Pt. 2 Ch. 2 modified by 2004 c. 31, s. 50A(3) (as inserted (20.2.2014) by School Standards and Organisation (Wales) Act 2013 (anaw 1) , s. 100(4) , Sch. 5 para. 7(3) ; S.I. 2014/178 , art. 2(f) (with art. 3 )) Sch. 1 para. 6 in force at 20.2.2014 by S.I. 2014/178 , art. 2(e) (with art. 3 ) Sch. 2 para. 24 in force at 1.10.2013 by S.I. 2013/1800 , art. 3(f) Sch. 4 para. 1 in force at 1.10.2013 by S.I. 2013/1800 , art. 3(h) S. 23 in force at 20.2.2014 by S.I. 2014/178 , art. 2(b) (with art. 3 ) Sch. 4 para. 22 in force at 1.10.2013 by S.I. 2013/1800 , art. 3(h) Sch. 5 para. 26 in force at 1.10.2013 by S.I. 2013/1800 , art. 3(j) Sch. 2 para. 10 in force at 1.10.2013 by S.I. 2013/1800 , art. 3(f) Words in Sch. 2 para. 23(3)(a) substituted (1.9.2021 for specified purposes, 1.1.2022 for specified purposes, 1.9.2022 for specified purposes) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2) , s. 100(3) , Sch. 1 para. 22(6)(c) ; S.I. 2021/373 , arts. 3 , 4 , 6 , 7 (as amended by S.I. 2021/938 , art. 2 ); S.I. 2021/1243 , art. 3 (with arts. 4-23 ) (as amended by S.I. 2021/1428 , art. 2 ); S.I. 2021/1244 , art. 3 (with arts. 4-21 ) (as amended by S.I. 2021/1428 , art. 3 ); S.I. 2021/1245 , arts. 3 , 4 (with art. 1(4) ); S.I. 2022/891 , art. 3 (with arts. 4-25 ); S.I. 2022/892 , arts. 2 , 3 (with arts. 4-18 ); S.I. 2022/893 , art. 4 ; S.I. 2022/894 , art. 3 ; S.I. 2022/895 , arts. 3 , 4 ; S.I. 2022/896 , art. 3 (with arts. 1(7) , 4-22 ); S.I. 2022/897 , art. 3 (with arts. 1(8) , 4-21 ); S.I. 2022/898 , arts. 2 , 3 Sch. 1 para. 17 in force at 20.2.2014 by S.I. 2014/178 , art. 2(e) (with art. 3 ) S. 99 in force at 20.2.2014 by S.I. 2014/178 , art. 2(d) (with art. 3 ) Sch. 5 para. 4 in force at 20.2.2014 by S.I. 2014/178 , art. 2(f) (with art. 3 ) Sch. 4 para. 33 in force at 1.10.2013 by S.I. 2013/1800 , art. 3(h) Sch. 5 para. 18 in force at 1.10.2013 by S.I. 2013/1800 , art. 3(j) S. 31 in force at 20.2.2014 by S.I. 2014/178 , art. 2(b) (with art. 3 ) Words in s. 65(1) substituted (1.9.2021 for specified purposes, 1.1.2022 for specified purposes, 1.9.2022 for specified purposes) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2) , s. 100(3) , Sch. 1 para. 22(3)(c)(ii) ; S.I. 2021/373 , arts. 3 , 4 , 6 , 7 (as amended by S.I. 2021/938 , art. 2 ); S.I. 2021/1243 , art. 3 (with arts. 4-23 ) (as amended by S.I. 2021/1428 , art. 2 ); S.I. 2021/1244 , art. 3 (with arts. 4-21 ) (as amended by S.I. 2021/1428 , art. 3 ); S.I. 2021/1245 , arts. 3 , 4 (with art. 1(4) ); S.I. 2022/891 , art. 3 (with arts. 4-25 ); S.I. 2022/892 , arts. 2 , 3 (with arts. 4-18 ); S.I. 2022/893 , art. 4 ; S.I. 2022/894 , art. 3 ; S.I. 2022/895 , arts. 3 , 4 ; S.I. 2022/896 , art. 3 (with arts. 1(7) , 4-22 ); S.I. 2022/897 , art. 3 (with arts. 1(8) , 4-21 ); S.I. 2022/898 , arts. 2 , 3 S. 26(4) inserted (14.7.2014) by Education (Wales) Act 2014 (anaw 5) , ss. 44(3) , 50(4) ; S.I. 2014/1605 , art. 2(b) Sch. 2 para. 14 in force at 1.10.2013 by S.I. 2013/1800 , art. 3(f) S. 97 in force at 4.5.2013 in so far as not already in force by S.I. 2013/1000 , art. 3(a) Sch. 1 para. 11 in force at 20.2.2014 by S.I. 2014/178 , art. 2(e) (with art. 3 ) S. 64 in force at 1.10.2013 by S.I. 2013/1800 , art. 3(c) S. 26 in force at 20.2.2014 by S.I. 2014/178 , art. 2(b) (with art. 3 ) Sch. 3 para. 4 in force at 1.10.2013 by S.I. 2013/1800 , art. 3(g) Sch. 5 para. 16 in force at 1.10.2013 by S.I. 2013/1800 , art. 3(j) S. 44 in force at 1.10.2013 by S.I. 2013/1800 , art. 3(a) (with art. 4 ) S. 98 in force at 4.5.2013 in so far as not already in force by S.I. 2013/1000 , art. 3(b) Sch. 5 para. 29 in force at 1.10.2013 by S.I. 2013/1800 , art. 3(j) Sch. 5 para. 32 in force at 20.2.2014 by S.I. 2014/178 , art. 2(g) (with art. 3 ) S. 68 in force at 1.10.2013 by S.I. 2013/1800 , art. 3(c) Sch. 1 para. 7 in force at 20.2.2014 by S.I. 2014/178 , art. 2(e) (with art. 3 ) Sch. 4 para. 25 in force at 1.10.2013 by S.I. 2013/1800 , art. 3(h) Sch. 2 para. 20 in force at 1.10.2013 by S.I. 2013/1800 , art. 3(f) S. 83 in force at 1.10.2013 by S.I. 2013/1800 , art. 3(e) (with art. 4 ) Sch. 4 para. 23 in force at 1.10.2013 by S.I. 2013/1800 , art. 3(h) Sch. 2 para. 15 in force at 1.10.2013 by S.I. 2013/1800 , art. 3(f) Sch. 5 para. 30 in force at 1.10.2013 by S.I. 2013/1800 , art. 3(j) S. 19 in force at 20.2.2014 by S.I. 2014/178 , art. 2(a) (with art. 3 ) S. 99 in force at 1.10.2013 for specified purposes by S.I. 2013/1800 , art. 3(i) Pt. 2 Ch. 1 modified by 1998 c. 30, s. 19(12) (as substituted (20.2.2014) by School Standards and Organisation (Wales) Act 2013 (anaw 1) , s. 100(4) , Sch. 5 para. 3 ; S.I. 2014/178 , art. 2(f) (with art. 3 )) Sch. 4 para. 34 in force at 1.10.2013 by S.I. 2013/1800 , art. 3(h) S. 18 in force at 20.2.2014 by S.I. 2014/178 , art. 2(a) (with art. 3 ) Pt. 2 Ch. 2 modified by 2005 c. 18, s. 114(8)(c) (as inserted (20.2.2014) by School Standards and Organisation (Wales) Act 2013 (anaw 1) , s. 100(4) , Sch. 5 para. 8(3)(c) ; S.I. 2014/178 , art. 2(f) (with art. 3 )) S. 47 in force at 1.10.2013 by S.I. 2013/1800 , art. 3(a) (with art. 4 ) Sch. 4 para. 16 in force at 1.10.2013 by S.I. 2013/1800 , art. 3(h) Sch. 2 para. 12 in force at 1.10.2013 by S.I. 2013/1800 , art. 3(f) Sch. 2 para. 17 in force at 1.10.2013 by S.I. 2013/1800 , art. 3(f) Sch. 5 para. 6 in force at 20.2.2014 by S.I. 2014/178 , art. 2(f) (with art. 3 ) Sch. 1 para. 3 in force at 20.2.2014 by S.I. 2014/178 , art. 2(e) (with art. 3 ) Words in Sch. 2 para. 15 heading heading substituted (1.9.2021 for specified purposes, 1.1.2022 for specified purposes, 1.9.2022 for specified purposes) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2) , s. 100(3) , Sch. 1 para. 22(6)(a)(i) ; S.I. 2021/373 , arts. 3 , 4 , 6 , 7 (as amended by S.I. 2021/938 , art. 2 ); S.I. 2021/1243 , art. 3 (with arts. 4-23 ) (as amended by S.I. 2021/1428 , art. 2 ); S.I. 2021/1244 , art. 3 (with arts. 4-21 ) (as amended by S.I. 2021/1428 , art. 3 ); S.I. 2021/1245 , arts. 3 , 4 (with art. 1(4) ); S.I. 2022/891 , art. 3 (with arts. 4-25 ); S.I. 2022/892 , arts. 2 , 3 (with arts. 4-18 ); S.I. 2022/893 , art. 4 ; S.I. 2022/894 , art. 3 ; S.I. 2022/895 , arts. 3 , 4 ; S.I. 2022/896 , art. 3 (with arts. 1(7) , 4-22 ); S.I. 2022/897 , art. 3 (with arts. 1(8) , 4-21 ); S.I. 2022/898 , arts. 2 , 3 S. 41 in force at 1.10.2013 by S.I. 2013/1800 , art. 3(a) (with art. 4 ) S. 59 in force at 1.10.2013 by S.I. 2013/1800 , art. 3(b) Sch. 5 para. 2 in force at 20.2.2014 by S.I. 2014/178 , art. 2(f) (with art. 3 ) Words in Sch. 2 para. 21 substituted (1.9.2021 for specified purposes, 1.1.2022 for specified purposes, 1.9.2022 for specified purposes) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2) , s. 100(3) , Sch. 1 para. 22(6)(b)(ii) ; S.I. 2021/373 , arts. 3 , 4 , 6 , 7 (as amended by S.I. 2021/938 , art. 2 ); S.I. 2021/1243 , art. 3 (with arts. 4-23 ) (as amended by S.I. 2021/1428 , art. 2 ); S.I. 2021/1244 , art. 3 (with arts. 4-21 ) (as amended by S.I. 2021/1428 , art. 3 ); S.I. 2021/1245 , arts. 3 , 4 (with art. 1(4) ); S.I. 2022/891 , art. 3 (with arts. 4-25 ); S.I. 2022/892 , arts. 2 , 3 (with arts. 4-18 ); S.I. 2022/893 , art. 4 ; S.I. 2022/894 , art. 3 ; S.I. 2022/895 , arts. 3 , 4 ; S.I. 2022/896 , art. 3 (with arts. 1(7) , 4-22 ); S.I. 2022/897 , art. 3 (with arts. 1(8) , 4-21 ); S.I. 2022/898 , arts. 2 , 3 Pt. 2 Ch. 2 excluded by 1996 c. 56, Sch. 1 para. 6(4) (as amended) (20.2.2014) by School Standards and Organisation (Wales) Act 2013 (anaw 1) , s. 100(4) , Sch. 5 para. 2(8) ; S.I. 2014/178 , art. 2(f) (with art. 3 ) Sch. 5 para. 23 in force at 1.10.2013 by S.I. 2013/1800 , art. 3(j) S. 22 in force at 20.2.2014 by S.I. 2014/178 , art. 2(b) (with art. 3 ) S. 12 in force at 20.2.2014 by S.I. 2014/178 , art. 2(a) (with art. 3 ) S. 5 in force at 20.2.2014 by S.I. 2014/178 , art. 2(a) (with art. 3 ) S. 67 in force at 1.10.2013 by S.I. 2013/1800 , art. 3(c) S. 79 in force at 1.10.2013 by S.I. 2013/1800 , art. 3(e) (with art. 4 ) S. 87 in force at 3.12.2013 by S.I. 2013/3024 , art. 2 S. 77 in force at 1.10.2013 by S.I. 2013/1800 , art. 3(d) Sch. 4 para. 37 in force at 1.10.2013 by S.I. 2013/1800 , art. 3(h) Sch. 1 para. 5 in force at 20.2.2014 by S.I. 2014/178 , art. 2(e) (with art. 3 ) Sch. 1 para. 13 in force at 20.2.2014 by S.I. 2014/178 , art. 2(e) (with art. 3 ) S. 13 in force at 20.2.2014 by S.I. 2014/178 , art. 2(a) (with art. 3 ) S. 52 in force at 1.10.2013 by S.I. 2013/1800 , art. 3(a) (with art. 4 ) Sch. 4 para. 7 in force at 1.10.2013 by S.I. 2013/1800 , art. 3(h) Sch. 5 para. 13 in force at 20.2.2014 by S.I. 2014/178 , art. 2(f) (with art. 3 ) Sch. 4 para. 21 in force at 1.10.2013 by S.I. 2013/1800 , art. 3(h) Sch. 4 para. 30 in force at 1.10.2013 by S.I. 2013/1800 , art. 3(h) S. 24 in force at 20.2.2014 by S.I. 2014/178 , art. 2(b) (with art. 3 ) Sch. 2 para. 25 in force at 1.10.2013 by S.I. 2013/1800 , art. 3(f) Pt. 2 Ch. 2 applied (with modifications) by 1998 c. 31, s. 89C(2)(b) (as substituted (20.2.2014) by School Standards and Organisation (Wales) Act 2013 (anaw 1) , s. 100(4) , Sch. 5 para. 4(5) ; S.I. 2014/178 , art. 2(f) (with art. 3 )) Sch. 4 para. 4 in force at 1.10.2013 by S.I. 2013/1800 , art. 3(h) S. 27 in force at 20.2.2014 by S.I. 2014/178 , art. 2(b) (with art. 3 ) Sch. 4 para. 38 in force at 1.10.2013 by S.I. 2013/1800 , art. 3(h) Sch. 1 para. 10 in force at 20.2.2014 by S.I. 2014/178 , art. 2(e) (with art. 3 ) S. 11 in force at 20.2.2014 by S.I. 2014/178 , art. 2(a) (with art. 3 ) Sch. 2 para. 6 in force at 1.10.2013 by S.I. 2013/1800 , art. 3(f) Sch. 3 para. 9 in force at 1.10.2013 by S.I. 2013/1800 , art. 3(g) Sch. 4 para. 13 in force at 1.10.2013 by S.I. 2013/1800 , art. 3(h) S. 53 in force at 1.10.2013 by S.I. 2013/1800 , art. 3(a) (with art. 4 ) Sch. 4 para. 18 in force at 1.10.2013 by S.I. 2013/1800 , art. 3(h) Sch. 1 para. 16 in force at 20.2.2014 by S.I. 2014/178 , art. 2(e) (with art. 3 ) S. 55 in force at 1.10.2013 by S.I. 2013/1800 , art. 3(a) (with art. 4 ) Sch. 5 para. 15 and cross-heading repealed (29.6.2021) by Diocesan Boards of Education Measure 2021 (No. 1) , ss. 21(3)(f) , 24(3) (with s. 23(8) , Sch. 2 para. 6 ) Sch. 5 para. 25 in force at 1.10.2013 by S.I. 2013/1800 , art. 3(j) Sch. 1 para. 15 in force at 20.2.2014 by S.I. 2014/178 , art. 2(e) (with art. 3 ) Sch. 5 para. 19 in force at 1.10.2013 by S.I. 2013/1800 , art. 3(j) (with art. 4 ) Sch. 2 para. 22 in force at 1.10.2013 by S.I. 2013/1800 , art. 3(f) Pt. 2 Ch. 1 modified by 2002 c. 32, s. 34(7) (as amended) (20.2.2014) by School Standards and Organisation (Wales) Act 2013 (anaw 1) , s. 100(4) , Sch. 5 para. 6(2) ; S.I. 2014/178 , art. 2(f) (with art. 3 ) S. 6 in force at 20.2.2014 by S.I. 2014/178 , art. 2(a) (with art. 3 ) S. 29 in force at 20.2.2014 by S.I. 2014/178 , art. 2(b) (with art. 3 ) S. 80 modified (W.) (22.5.2014) by The Federation of Maintained Schools (Wales) Regulations 2014 (No. 1132) , regs. 1(1) , 58(5) S. 40 in force at 1.10.2013 by S.I. 2013/1800 , art. 3(a) (with art. 4 ) Words in s. 1(10) substituted (1.9.2021 for specified purposes, 1.1.2022 for specified purposes, 1.9.2022 for specified purposes) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2) , s. 100(3) , Sch. 1 para. 22(2) ; S.I. 2021/373 , arts. 3 , 4 , 6 , 7 (as amended by S.I. 2021/938 , art. 2 ); S.I. 2021/1243 , art. 3 (with arts. 4-23 ) (as amended by S.I. 2021/1428 , art. 2 ); S.I. 2021/1244 , art. 3 (with arts. 4-21 ) (as amended by S.I. 2021/1428 , art. 3 ); S.I. 2021/1245 , arts. 3 , 4 (with art. 1(4) ); S.I. 2022/891 , art. 3 (with arts. 4-25 ); S.I. 2022/892 , arts. 2 , 3 (with arts. 4-18 ); S.I. 2022/893 , art. 4 ; S.I. 2022/894 , art. 3 ; S.I. 2022/895 , arts. 3 , 4 ; S.I. 2022/896 , art. 3 (with arts. 1(7) , 4-22 ); S.I. 2022/897 , art. 3 (with arts. 1(8) , 4-21 ); S.I. 2022/898 , arts. 2 , 3 Pt. 2 Ch. 1 power to modify conferred by 2011 nawm 7 s. 18(1)(a) (as substituted (20.2.2014) by School Standards and Organisation (Wales) Act 2013 (anaw 1) , s. 100(4) , Sch. 5 para. 13(3)(a) ; S.I. 2014/178 , art. 2(f) (with art. 3 )) Sch. 5 para. 24 in force at 1.10.2013 by S.I. 2013/1800 , art. 3(j) Pt. 2 Ch. 1 applied (with modifications) by 2010 c. 15, s. 87(3)(a) (as inserted (20.2.2014) by School Standards and Organisation (Wales) Act 2013 (anaw 1) , s. 100(4) , Sch. 5 para. 11(3) ; S.I. 2014/178 , art. 2(f) (with art. 3 )) Pt. 2 Ch. 2 excluded by 2010 c. 15, s. 87(4) (as inserted (20.2.2014) by School Standards and Organisation (Wales) Act 2013 (anaw 1) , s. 100(4) , Sch. 5 para. 11(3) ; S.I. 2014/178 , art. 2(f) (with art. 3 )) Sch. 4 para. 28 in force at 1.10.2013 by S.I. 2013/1800 , art. 3(h) Pt. 2 Ch. 1 excluded by 2010 c. 15, s. 87(4) (as inserted (20.2.2014) by School Standards and Organisation (Wales) Act 2013 (anaw 1) , s. 100(4) , Sch. 5 para. 11(3) ; S.I. 2014/178 , art. 2(f) (with art. 3 )) Pt. 2 Ch. 1 applied (with modifications) by 1998 c. 31, s. 89C(2)(a) (as substituted (20.2.2014) by School Standards and Organisation (Wales) Act 2013 (anaw 1) , s. 100(4) , Sch. 5 para. 4(5) ; S.I. 2014/178 , art. 2(f) (with art. 3 )) Words in s. 64 substituted (1.9.2021 for specified purposes, 1.1.2022 for specified purposes, 1.9.2022 for specified purposes) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2) , s. 100(3) , Sch. 1 para. 22(3)(b)(ii) ; S.I. 2021/373 , arts. 3 , 4 , 6 , 7 (as amended by S.I. 2021/938 , art. 2 ); S.I. 2021/1243 , art. 3 (with arts. 4-23 ) (as amended by S.I. 2021/1428 , art. 2 ); S.I. 2021/1244 , art. 3 (with arts. 4-21 ) (as amended by S.I. 2021/1428 , art. 3 ); S.I. 2021/1245 , arts. 3 , 4 (with art. 1(4) ); S.I. 2022/891 , art. 3 (with arts. 4-25 ); S.I. 2022/892 , arts. 2 , 3 (with arts. 4-18 ); S.I. 2022/893 , art. 4 ; S.I. 2022/894 , art. 3 ; S.I. 2022/895 , arts. 3 , 4 ; S.I. 2022/896 , art. 3 (with arts. 1(7) , 4-22 ); S.I. 2022/897 , art. 3 (with arts. 1(8) , 4-21 ); S.I. 2022/898 , arts. 2 , 3 Sch. 3 para. 3 in force at 1.10.2013 by S.I. 2013/1800 , art. 3(g) Sch. 1 para. 14 in force at 20.2.2014 by S.I. 2014/178 , art. 2(e) (with art. 3 ) S. 46 in force at 1.10.2013 by S.I. 2013/1800 , art. 3(a) (with art. 4 ) Words in Sch. 2 para. 15(1) substituted (1.9.2021 for specified purposes, 1.1.2022 for specified purposes, 1.9.2022 for specified purposes) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2) , s. 100(3) , Sch. 1 para. 22(6)(a)(ii) ; S.I. 2021/373 , arts. 3 , 4 , 6 , 7 (as amended by S.I. 2021/938 , art. 2 ); S.I. 2021/1243 , art. 3 (with arts. 4-23 ) (as amended by S.I. 2021/1428 , art. 2 ); S.I. 2021/1244 , art. 3 (with arts. 4-21 ) (as amended by S.I. 2021/1428 , art. 3 ); S.I. 2021/1245 , arts. 3 , 4 (with art. 1(4) ); S.I. 2022/891 , art. 3 (with arts. 4-25 ); S.I. 2022/892 , arts. 2 , 3 (with arts. 4-18 ); S.I. 2022/893 , art. 4 ; S.I. 2022/894 , art. 3 ; S.I. 2022/895 , arts. 3 , 4 ; S.I. 2022/896 , art. 3 (with arts. 1(7) , 4-22 ); S.I. 2022/897 , art. 3 (with arts. 1(8) , 4-21 ); S.I. 2022/898 , arts. 2 , 3 Pt. 2 Ch. 2 excluded by 1996 c. 56, s. 484(7) (as amended) (W.) (20.2.2014) by School Standards and Organisation (Wales) Act 2013 (anaw 1) , s. 100(4) , Sch. 5 para. 2(3) ; S.I. 2014/178 , art. 2(f) (with art. 3 ) Sch. 5 para. 20 in force at 1.10.2013 by S.I. 2013/1800 , art. 3(j) Sch. 3 para. 10 in force at 1.10.2013 by S.I. 2013/1800 , art. 3(g) Sch. 4 para. 26 in force at 1.10.2013 by S.I. 2013/1800 , art. 3(h) Pt. 2 Ch. 1 modified by 1988 c. 40, s. 219(3A) (as inserted (W.) (20.2.2014) by School Standards and Organisation (Wales) Act 2013 (anaw 1) , s. 100(4) , Sch. 5 para. 1(3) ; S.I. 2014/178 , art. 2(f) (with art. 3 )) Pt. 2 Ch. 2 excluded by 1996 c. 56, s. 560(6) (as amended) (20.2.2014) by School Standards and Organisation (Wales) Act 2013 (anaw 1) , s. 100(4) , Sch. 5 para. 2(7) ; S.I. 2014/178 , art. 2(f) (with art. 3 ) S. 8 in force at 20.2.2014 by S.I. 2014/178 , art. 2(a) (with art. 3 ) S. 17 in force at 20.2.2014 by S.I. 2014/178 , art. 2(a) (with art. 3 ) Sch. 4 para. 3 in force at 1.10.2013 by S.I. 2013/1800 , art. 3(h) S. 15 in force at 20.2.2014 by S.I. 2014/178 , art. 2(a) (with art. 3 ) Sch. 2 para. 3 in force at 1.10.2013 by S.I. 2013/1800 , art. 3(f) S. 45 in force at 1.10.2013 by S.I. 2013/1800 , art. 3(a) (with art. 4 ) Sch. 4 para. 10 in force at 1.10.2013 by S.I. 2013/1800 , art. 3(h) Sch. 4 para. 39 in force at 1.10.2013 by S.I. 2013/1800 , art. 3(h) S. 49 in force at 1.10.2013 by S.I. 2013/1800 , art. 3(a) (with art. 4 ) Sch. 5 para. 14 in force at 1.10.2013 by S.I. 2013/1800 , art. 3(j) S. 66 in force at 1.10.2013 by S.I. 2013/1800 , art. 3(c) S. 25(4) inserted (14.7.2014) by Education (Wales) Act 2014 (anaw 5) , ss. 44(2) , 50(4) ; S.I. 2014/1605 , art. 2(b) S. 62 in force at 1.10.2013 by S.I. 2013/1800 , art. 3(b) Words in Pt. 3 Ch. 4 title substituted (1.9.2021 for specified purposes, 1.1.2022 for specified purposes, 1.9.2022 for specified purposes) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2) , s. 100(3) , Sch. 1 para. 22(3)(a) ; S.I. 2021/373 , arts. 3 , 4 , 6 , 7 (as amended by S.I. 2021/938 , art. 2 ); S.I. 2021/1243 , art. 3 (with arts. 4-23 ) (as amended by S.I. 2021/1428 , art. 2 ); S.I. 2021/1244 , art. 3 (with arts. 4-21 ) (as amended by S.I. 2021/1428 , art. 3 ); S.I. 2021/1245 , arts. 3 , 4 (with art. 1(4) ); S.I. 2022/891 , art. 3 (with arts. 4-25 ); S.I. 2022/892 , arts. 2 , 3 (with arts. 4-18 ); S.I. 2022/893 , art. 4 ; S.I. 2022/894 , art. 3 ; S.I. 2022/895 , arts. 3 , 4 ; S.I. 2022/896 , art. 3 (with arts. 1(7) , 4-22 ); S.I. 2022/897 , art. 3 (with arts. 1(8) , 4-21 ); S.I. 2022/898 , arts. 2 , 3 S. 70 in force at 1.10.2013 by S.I. 2013/1800 , art. 3(c) Sch. 4 para. 6 in force at 1.10.2013 by S.I. 2013/1800 , art. 3(h) S. 80 in force at 1.10.2013 by S.I. 2013/1800 , art. 3(e) (with art. 4 ) Sch. 4 para. 36 in force at 1.10.2013 by S.I. 2013/1800 , art. 3(h) S. 78 in force at 1.10.2013 by S.I. 2013/1800 , art. 3(e) (with arts. 4 , 5 ) Sch. 1 para. 12 in force at 20.2.2014 by S.I. 2014/178 , art. 2(e) (with art. 3 ) S. 4 in force at 20.2.2014 by S.I. 2014/178 , art. 2(a) (with art. 3 ) Sch. 4 para. 9 in force at 1.10.2013 by S.I. 2013/1800 , art. 3(h) Sch. 2 para. 21 in force at 1.10.2013 by S.I. 2013/1800 , art. 3(f) S. 96 in force at 20.2.2014 by S.I. 2014/178 , art. 2(c) (with art. 3 ) S. 97 in force at 26.4.2013 for specified purposes by S.I. 2013/1000 , art. 2(c) Pt. 2 Ch. 2 applied (with modifications) by 2000 c. 22, Sch. 1 para. 10 (as substituted (20.2.2014) by School Standards and Organisation (Wales) Act 2013 (anaw 1) , s. 100(4) , Sch. 5 para. 5(2) ; S.I. 2014/178 , art. 2(f) (with art. 3 )) Sch. 4 para. 29 in force at 1.10.2013 by S.I. 2013/1800 , art. 3(h) S. 57 in force at 1.10.2013 by S.I. 2013/1800 , art. 3(b) S. 98 in force at 26.4.2013 for specified purposes by S.I. 2013/1000 , art. 2(d) Sch. 3 para. 2 in force at 1.10.2013 by S.I. 2013/1800 , art. 3(g) Sch. 4 para. 19 in force at 1.10.2013 by S.I. 2013/1800 , art. 3(h) S. 20 in force at 20.2.2014 by S.I. 2014/178 , art. 2(a) (with art. 3 ) Pt. 2 Ch. 2 applied (with modifications) by 2004 c. 31, s. 50A(1)(2) (as inserted (20.2.2014) by School Standards and Organisation (Wales) Act 2013 (anaw 1) , s. 100(4) , Sch. 5 para. 7(3) ; S.I. 2014/178 , art. 2(f) (with art. 3 )) S. 25 in force at 20.2.2014 by S.I. 2014/178 , art. 2(b) (with art. 3 ) S. 28 in force at 20.2.2014 by S.I. 2014/178 , art. 2(b) (with art. 3 ) Words in s. 64 heading substituted (1.9.2021 for specified purposes, 1.1.2022 for specified purposes, 1.9.2022 for specified purposes) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2) , s. 100(3) , Sch. 1 para. 22(3)(b)(i) ; S.I. 2021/373 , arts. 3 , 4 , 6 , 7 (as amended by S.I. 2021/938 , art. 2 ); S.I. 2021/1243 , art. 3 (with arts. 4-23 ) (as amended by S.I. 2021/1428 , art. 2 ); S.I. 2021/1244 , art. 3 (with arts. 4-21 ) (as amended by S.I. 2021/1428 , art. 3 ); S.I. 2021/1245 , arts. 3 , 4 (with art. 1(4) ); S.I. 2022/891 , art. 3 (with arts. 4-25 ); S.I. 2022/892 , arts. 2 , 3 (with arts. 4-18 ); S.I. 2022/893 , art. 4 ; S.I. 2022/894 , art. 3 ; S.I. 2022/895 , arts. 3 , 4 ; S.I. 2022/896 , art. 3 (with arts. 1(7) , 4-22 ); S.I. 2022/897 , art. 3 (with arts. 1(8) , 4-21 ); S.I. 2022/898 , arts. 2 , 3 S. 61 in force at 1.10.2013 by S.I. 2013/1800 , art. 3(b) Word in s. 98(3) substituted (30.4.2021) by Curriculum and Assessment (Wales) Act 2021 (asc 4) , s. 84(1) , Sch. 2 para. 69(a) (with savings and transitional provisions in S.I. 2022/111 , regs. 1 , 3 ) Word in s. 98(5) substituted (30.4.2021) by Curriculum and Assessment (Wales) Act 2021 (asc 4) , s. 84(1) , Sch. 2 para. 69(b) (with savings and transitional provisions in S.I. 2022/111 , regs. 1 , 3 ) Sch. 5 para. 21(4)-(6) omitted (30.4.2021) by Curriculum and Assessment (Wales) Act 2021 (asc 4) , s. 84(1) , Sch. 2 para. 70 (with savings and transitional provisions in S.I. 2022/111 , regs. 1 , 3 ) Pt. 2 Ch. 1 applied (28.6.2024) by The Education (Co-ordination of School Admission Arrangements and Miscellaneous Amendments) (Wales) Regulations 2024 (S.I. 2024/698) , regs. 1(2) , 7(1) Pt. 2 Ch. 2 applied (28.6.2024) by The Education (Co-ordination of School Admission Arrangements and Miscellaneous Amendments) (Wales) Regulations 2024 (S.I. 2024/698) , regs. 1(2) , 7(2) Sch. 5 para. 2(8) omitted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes, 1.9.2024 for specified purposes) by virtue of The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744) , reg. 1(3) , Sch. 2 para. 14(3) Words in Sch. 2 para. 7(2) substituted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes, 1.9.2024 for specified purposes) by The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744) , reg. 1(3) , Sch. 2 para. 14(2)(a)(i) Words in Sch. 2 para. 7(2) substituted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes, 1.9.2024 for specified purposes) by The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744) , reg. 1(3) , Sch. 2 para. 14(2)(a)(ii) Sch. 2 para. 7(3)(a) substituted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes, 1.9.2024 for specified purposes) by The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744) , reg. 1(3) , Sch. 2 para. 14(2)(b) Ss. 71-76 omitted (5.4.2025) by virtue of Tertiary Education and Research (Wales) Act 2022 (asc 1) , s. 148(2) , Sch. 4 para. 29(8) (with s. 19 ); S.I. 2025/432 , art. 2(ll)(iii) Pt. 3 Ch. 3A inserted (5.4.2025) by Tertiary Education and Research (Wales) Act 2022 (asc 1) , s. 148(2) , Sch. 4 para. 29(7) (with s. 19 ); S.I. 2025/432 , art. 2(ll)(iii) S. 1(9A) inserted (5.4.2025) by Tertiary Education and Research (Wales) Act 2022 (asc 1) , s. 148(2) , Sch. 4 para. 29(2)(a) (with s. 19 ); S.I. 2025/432 , art. 2(ll)(iii) S. 1(11) omitted (5.4.2025) by virtue of Tertiary Education and Research (Wales) Act 2022 (asc 1) , s. 148(2) , Sch. 4 para. 29(2)(b) (with s. 19 ); S.I. 2025/432 , art. 2(ll)(iii) S. 38(2)(ca) inserted (5.4.2025) by Tertiary Education and Research (Wales) Act 2022 (asc 1) , s. 148(2) , Sch. 4 para. 29(3)(a) (with s. 19 ); S.I. 2025/432 , art. 2(ll)(iii) Word in s. 38(5)(c) omitted (5.4.2025) by virtue of Tertiary Education and Research (Wales) Act 2022 (asc 1) , s. 148(2) , Sch. 4 para. 29(3)(b) (with s. 19 ); S.I. 2025/432 , art. 2(ll)(iii) S. 38(5)(ca) inserted (5.4.2025) by Tertiary Education and Research (Wales) Act 2022 (asc 1) , s. 148(2) , Sch. 4 para. 29(3)(b) (with s. 19 ); S.I. 2025/432 , art. 2(ll)(iii) Word in s. 39(1)(c) omitted (5.4.2025) by virtue of Tertiary Education and Research (Wales) Act 2022 (asc 1) , s. 148(2) , Sch. 4 para. 29(4) (with s. 19 ); S.I. 2025/432 , art. 2(ll)(iii) S. 39(1)(ca) inserted (5.4.2025) by Tertiary Education and Research (Wales) Act 2022 (asc 1) , s. 148(2) , Sch. 4 para. 29(4) (with s. 19 ); S.I. 2025/432 , art. 2(ll)(iii) Words in s. 50(1) inserted (5.4.2025) by Tertiary Education and Research (Wales) Act 2022 (asc 1) , s. 148(2) , Sch. 4 para. 29(5) (with s. 19 ); S.I. 2025/432 , art. 6(1) (with art. 6(2) ) Words in s. 61(4) substituted (5.4.2025) by Tertiary Education and Research (Wales) Act 2022 (asc 1) , s. 148(2) , Sch. 4 para. 29(6)(a) (with s. 19 ); S.I. 2025/432 , art. 2(ll)(iii) Words in s. 61(6)(d) substituted (5.4.2025) by Tertiary Education and Research (Wales) Act 2022 (asc 1) , s. 148(2) , Sch. 4 para. 29(6)(b) (with s. 19 ); S.I. 2025/432 , art. 2(ll)(iii) Words in s. 61(8) substituted (5.4.2025) by Tertiary Education and Research (Wales) Act 2022 (asc 1) , s. 148(2) , Sch. 4 para. 29(6)(c) (with s. 19 ); S.I. 2025/432 , art. 2(ll)(iii) Words in s. 61(9)(a) substituted (5.4.2025) by Tertiary Education and Research (Wales) Act 2022 (asc 1) , s. 148(2) , Sch. 4 para. 29(6)(d)(i) (with s. 19 ); S.I. 2025/432 , art. 2(ll)(iii) Words in s. 61(9)(b) inserted (5.4.2025) by Tertiary Education and Research (Wales) Act 2022 (asc 1) , s. 148(2) , Sch. 4 para. 29(6)(d)(ii) (with s. 19 ); S.I. 2025/432 , art. 2(ll)(iii) Words in s. 80(3) substituted (5.4.2025) by Tertiary Education and Research (Wales) Act 2022 (asc 1) , s. 148(2) , Sch. 4 para. 29(9) (with s. 19 ); S.I. 2025/432 , art. 7(1) (with art. 7(2) ) Words in s. 82(2) substituted (5.4.2025) by Tertiary Education and Research (Wales) Act 2022 (asc 1) , s. 148(2) , Sch. 4 para. 29(10) (with s. 19 ); S.I. 2025/432 , art. 2(ll)(iii) Words in s. 98(3) inserted (5.4.2025) by Tertiary Education and Research (Wales) Act 2022 (asc 1) , s. 148(2) , Sch. 4 para. 29(11)(a) (with s. 19 ); S.I. 2025/432 , art. 2(ll)(iii) Words in s. 98(3) substituted (5.4.2025) by Tertiary Education and Research (Wales) Act 2022 (asc 1) , s. 148(2) , Sch. 4 para. 29(11)(b) (with s. 19 ); S.I. 2025/432 , art. 2(ll)(iii) Words in s. 98(3) inserted (5.4.2025) by Tertiary Education and Research (Wales) Act 2022 (asc 1) , s. 148(2) , Sch. 4 para. 29(11)(c) (with s. 19 ); S.I. 2025/432 , art. 2(ll)(iii) Word in Sch. 2 para. 10(3)(c)(i) inserted (5.4.2025) by Tertiary Education and Research (Wales) Act 2022 (asc 1) , s. 148(2) , Sch. 4 para. 29(12)(a) (with s. 19 ); S.I. 2025/432 , art. 2(ll)(iii) Word in Sch. 2 para. 19(2)(c)(i) inserted (5.4.2025) by Tertiary Education and Research (Wales) Act 2022 (asc 1) , s. 148(2) , Sch. 4 para. 29(12)(b) (with s. 19 ); S.I. 2025/432 , art. 2(ll)(iii) Sch. 5 para. 2(3) omitted (5.4.2025) by virtue of Tertiary Education and Research (Wales) Act 2022 (asc 1) , s. 148(2) , Sch. 4 para. 29(13) (with s. 19 ); S.I. 2025/432 , art. 2(ll)(iii) Sch. 5 para. 20(3) omitted (5.4.2025) by virtue of Tertiary Education and Research (Wales) Act 2022 (asc 1) , s. 148(2) , Sch. 4 para. 29(13) (with s. 19 ); S.I. 2025/432 , art. 2(ll)(iii)
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[uk-legislation-anaw][anaw] 2025-09-02
http://www.legislation.gov.uk/anaw/2020/1/2025-07-18
http://www.legislation.gov.uk/anaw/2020/1/2025-07-18 Senedd and Elections (Wales) Act 2020 An Act of the National Assembly for Wales to rename the National Assembly for Wales, to extend the right to vote in Senedd elections, to amend the law relating to disqualification from membership of the Senedd, to make provision regarding oversight of the work of the Electoral Commission, to make miscellaneous changes to the law relating to the government of Wales and for related purposes. text text/xml en Statute Law Database 2025-08-14 Expert Participation 2025-07-18 Senedd and Elections (Wales) Act 2020 Deddf Senedd ac Etholiadau (Cymru) 2020 Sch. 1 para. 5(5) (6) Legislation (Procedure, Publication and Repeals) (Wales) Act 2025 Deddf Deddfwriaeth (Gweithdrefn, Cyhoeddi a Diddymiadau) (Cymru) 2025 Sch. 3 para. 16 s. 9(4) art. 2(e) Senedd and Elections (Wales) Act 2020 2020 anaw 1 An Act of the National Assembly for Wales to rename the National Assembly for Wales, to extend the right to vote in Senedd elections, to amend the law relating to disqualification from membership of the Senedd, to make provision regarding oversight of the work of the Electoral Commission, to make miscellaneous changes to the law relating to the government of Wales and for related purposes. [15 January 2020] Having been passed by the National Assembly for Wales and having received the assent of Her Majesty, it is enacted as follows: PART 1 OVERVIEW Overview of this Act 1 1 Part 2 of this Act changes the name of the National Assembly for Wales to “Senedd Cymru” or “the Welsh Parliament” and makes connected changes. 2 Part 3 of this Act extends the right to vote for elections to the Senedd to persons aged 16 and 17 and qualifying foreign citizens and makes related changes to electoral registration. It also makes provision about the financial and oversight arrangements for the work of the Electoral Commission in relation to devolved Welsh elections and devolved referendums. 3 Part 4 of this Act amends the law relating to persons disqualified from membership of the Senedd. 4 Part 5 of this Act contains miscellaneous provisions regarding the Senedd and Senedd elections that— a extend the time within which the first meeting of the Senedd after a general election must be held; b clarify the powers of the Senedd Commission to charge for the provision of goods and services; c require the Welsh Ministers to report on the operation of the provisions of this Act that extend the right to vote and change qualification for membership of the Senedd. 5 Part 6 of this Act contains general provisions about the interpretation of this Act, the coming into force of the provisions of the Act, and the short title. PART 2 RENAMING OF THE NATIONAL ASSEMBLY FOR WALES ETC. National Assembly for Wales renamed Senedd Cymru or Welsh Parliament 2 In section 1(1) of the Government of Wales Act 2006 (c. 32) (“ the 2006 Act ”) for “the National Assembly for Wales” to the end substitute “ Senedd Cymru or the Welsh Parliament (referred to in this Act as “ the Senedd ”) ” . Acts of the National Assembly for Wales renamed Acts of Senedd Cymru 3 In section 107(1) of the 2006 Act, for “the National Assembly for Wales” to the end substitute “ Senedd Cymru or Deddfau Senedd Cymru (referred to in this Act as “ Acts of the Senedd ”) ” . Members to be known as Members of the Senedd 4 In section 1 of the 2006 Act, after subsection (2) insert— 2A Members of the Senedd are to be known by that name or as Aelodau o'r Senedd. Clerk of the Assembly renamed Clerk of the Senedd 5 In section 26(2) of the 2006 Act, for “Assembly” substitute “ Senedd, Clerc y Senedd ” . National Assembly for Wales Commission renamed Senedd Commission 6 In section 27(1) of the 2006 Act, for “National Assembly for Wales Commission or Comisiwn Cynulliad Cenedlaethol Cymru” substitute “ Senedd Commission or Comisiwn y Senedd ” . National Assembly for Wales Commissioner for Standards renamed Senedd Commissioner for Standards 7 In section 1(1) of the National Assembly for Wales Commissioner for Standards Measure 2009 (nawm 4), for “National Assembly for Wales” substitute “ Senedd ” . National Assembly for Wales Remuneration Board renamed the Independent Remuneration Board of the Senedd 8 In section 1(1) of the National Assembly for Wales (Remuneration) Measure 2010 (nawm 4), for “National Assembly for Wales Remuneration Board” substitute “ board to be known as the Independent Remuneration Board of the Senedd ” . Minor and consequential amendments 9 Schedule 1 contains minor and consequential amendments relating to this Part. PART 3 ELECTIONS Extension of right to vote Extension of right to vote in Senedd elections to 16 and 17 year old persons 10 1 Section 12 (entitlement to vote) of the 2006 Act is amended as follows. 2 In subsection (1)(a), after “constituency” insert “ or fall within the extended franchise for Senedd elections as described in this section ” . 3 After subsection (1), insert— 1A A person falls within the extended franchise for Senedd elections if the person— a has attained the age of 16, but not the age of 18, and b would, but for any disability removed by this section, be entitled to vote as an elector at a local government election in an electoral area wholly or partly included within the Senedd constituency. 4 The amendments made by this section have effect for the purposes of an election for membership of the Senedd at which the poll is held on or after 5 April 2021. Extension of right to vote in Senedd elections to qualifying foreign citizens 11 1 After section 12(1A) of the 2006 Act, insert— 1B A person falls within the extended franchise for Senedd elections if the person— a is a qualifying foreign citizen (within the meaning given by section 203(1) of the Representation of the People Act 1983 (c. 2)), and b would, but for any disability removed by this section, be entitled to vote as an elector at a local government election in an electoral area wholly or partly included within the Senedd constituency. 2 The amendments made by this section have effect for the purposes of an election for membership of the Senedd at which a poll is held on or after 5 April 2021. Electoral registration Entitlement to be registered as a local government elector 12 1 In section 4 of the Representation of the People Act 1983 (c. 2) (“ the 1983 Act ”) (entitlement to be registered as a local government elector)— a in subsection (3)(d), after “age” insert “ or, if resident in an area in Wales, is 16 years of age or over ” ; b after subsection (3) insert— 3A A person is also entitled to be registered in the register of local government electors for any electoral area in Wales if on the relevant date the person— a is resident in that area, b is not subject to any legal incapacity to vote (age apart) in an election of members (or of a member) of Senedd Cymru, c is a qualifying foreign citizen, and d is 16 years of age or over. ; c after subsection (5A) insert— 5B In relation to a register of local government electors for any electoral area in Wales, the reference to “voting age” in subsection (5) is to be interpreted as “16 years of age” . 2 In section 203(1) of the 1983 Act (local government provisions as to England and Wales) after the definition of “London member” insert— “ qualifying foreign citizen ” means a person who— a is not a Commonwealth citizen, a citizen of the Republic of Ireland or a relevant citizen of the Union, and b either— i is not a person who requires leave under the Immigration Act 1971 to enter or remain in the United Kingdom, or ii is such a person but for the time being has (or is, by virtue of any enactment, to be treated as having) any description of such leave. Annual canvass 13 1 In section 9A of the 1983 Act (registration officers: duty to take necessary steps), after subsection (2) insert— 2A In relation to the registration of local government electors in Wales, subsections (1) and (2)(b) do not require a registration officer to make house to house inquires in relation to any person under the age of 16. 2 In regulation 32ZA of the Representation of the People (England and Wales) Regulations 2001 (S.I. 2001/341) (“ the 2001 Regulations ”) (annual canvass form)— a after paragraph (3) insert— 3A In relation to the registration of local government electors in Wales, the canvass form in paragraph (2) must also— a require the full name and nationality of each person aged 14 or 15 who is eligible to register and is residing at the address to which the form is given, and b in relation to any such person named in the form, require the person's date of birth to be included. ; b after paragraph (5) insert— 5A In relation to the registration of local government electors in Wales, the registration officer must not, under paragraph (5), print on the form the date of birth of any person aged under 16. Invitations to register 14 1 In section 9E of the 1983 Act (maintenance of registers: invitations to register in Great Britain), after subsection (7) insert— 7A In relation to the registration of local government electors in Wales, subsection (7) does not apply to a person who was under the age of 16 at the time the requirement was imposed. 2 In regulation 32ZC of the 2001 Regulations (invitations to apply for registration), after paragraph (2) insert— 2A In relation to the registration of local government electors in Wales, where the person to be invited is under the age of 16, the invitation in paragraph (1) must also include an explanation of how the person's information will be held and used. 3 In regulation 32ZD of the 2001 Regulations (steps to be taken by a registration officer to encourage a person to make an application for registration in response to an invitation to do so), after paragraph (3) insert— 3A In relation to the registration of local government electors in Wales, paragraph (3) does not require a registration officer to make, or have made, any visits in the case where the invitations were given to a person under the age of 16. 4 In regulation 32ZE of the 2001 Regulations (requiring a person to make an application for registration), after paragraph (3) insert— 3A In relation to the registration of local government electors in Wales, the following provisions of this regulation do not apply in the case of a person who is under the age of 16— a paragraphs (2)(b)(iii) and (3)(b) and (c); b paragraph (3)(f), so far as requiring a notice to state that the person may make representations about why a civil penalty should not be imposed. Invitations to register: further provision about persons under the age of 16 15 1 The Welsh Ministers may, by regulations, make provision about invitations to be given under section 9E(1) of the 1983 Act (invitations to apply for registration) in relation to the registration of local government electors in Wales. 2 Regulations under subsection (1) may (among other things) include provision— a about the form and content of invitations; b about how and when invitations must be given; c requiring invitations to be accompanied by, or combined with, application forms or other documents (including partially completed application forms). 3 Regulations under subsection (1) may confer functions on the Electoral Commission (for example, the Commission may be required to design an invitation). 4 Regulations under subsection (1) may amend, repeal (or revoke) or modify any enactment. 5 Before making regulations under subsection (1), the Welsh Ministers must consult such persons as they consider appropriate. Applications for registration 16 1 The 2001 Regulations are amended as follows. 2 In regulation 24 (evidence as to age and nationality), after “Union” insert “ or (for the purposes only of the registration of local government electors in Wales) a qualifying foreign citizen ” . 3 In regulation 26 (applications for registration)— a after paragraph (1) insert— 1A In relation to the registration of local government electors in Wales, where the applicant is not able to provide the applicant's date of birth, the statement referred to in paragraph (1)(e) must indicate whether the applicant is— a under the age of 16, b aged 16 or 17, or c aged 18 or over. ; b in paragraph (3), after “(1)” insert “ , (1A) ” ; c in paragraph (3)(ba), after “Union” insert “ or (for the purposes only of the registration of local government electors in Wales) a qualifying foreign citizen ” ; d after paragraph (3) insert— 3A In relation to the registration of local government electors in Wales, the paper application form under paragraph (3) must also include an explanation of how information about applicants under the age of 16 will be held and used. ; e after paragraph (9) insert— 9A In relation to the registration of local government electors in Wales, paragraphs (1)(f) and (8)(a) do not apply in the case where the applicant is under the age of 16. 4 In regulation 26B (power to request additional evidence where certain information is unavailable or where the registration officer considers it necessary), after paragraph (6) insert— 6A In relation to the registration of local government electors in Wales, paragraphs (2) to (6) do not apply in the case where the applicant is under the age of 16 if— a there is information available to the registration officer from any educational record relating to the applicant, and b that information is sufficient to satisfy the registration officer as to the applicant's identity and entitlement to be registered. 5 In regulation 28 (inspection of applications and objections), after paragraph (2) insert— 3 In relation to the registration of local government electors in Wales, this regulation does not apply to an application made by a person under the age of 16. 6 In regulation 29ZA (verification of information provided in an application), after paragraph (6) insert— 6A In relation to the registration of local government electors in Wales, this regulation does not apply to an application made by a person under the age of 16. Review of entitlement to registration 17 1 The 2001 Regulations are amended as follows. 2 In regulation 31D (procedure for reviewing entitlement to registration), after paragraph (3) insert— 3A In relation to the registration of local government electors in Wales, paragraph (2)(b) does not apply where the subject of the review is under the age of 16. 3 In regulation 31E (list of reviews), after paragraph (4) insert— 5 In relation to the registration of local government electors in Wales, this regulation does not apply to any review where the subject of the review is under the age of 16. Anonymous registration 18 In regulation 31J of the 2001 Regulations (anonymous registration: evidence by attestation), after paragraph (5) insert— 6 In relation to the registration of local government electors in Wales, where the applicant is under the age of 16 on the date on which the application is made— a “qualifying officer” also includes a person authorised in writing for the purposes of this regulation by an officer referred to in paragraph (4)(h), and b where the attestation is signed by a person so authorised, the attestation must be accompanied by a copy of the person's authorisation. Declarations of local connection 19 1 Section 7B of the 1983 Act (notional residence: declarations of local connection) is amended as follows. 2 After subsection (2) insert— 2A In relation to the registration of local government electors in Wales, this section also applies to a person who, on the date on which the person makes a declaration under subsection (1)— a is under 18 years of age, b does not fall within any of the paragraphs (a) to (c) of subsection (2), and c meets any of the requirements specified in subsection (2B). 2B The requirements are that— a the person is, or has been, a child who is looked after by a local authority, or b the person is being kept in any secure accommodation specified in regulations made by the Welsh Ministers in circumstances specified in the regulations. 2C The power to make regulations under subsection (2B)(b) is exercisable by statutory instrument and is subject to annulment in pursuance of a resolution of the Senedd. 2D In subsection (2B)— a the reference to a child who is looked after by a local authority has the same meaning as in the Social Services and Well-being (Wales) Act 2014 (anaw 1) (see section 74); b “ secure accommodation ” means accommodation for the purpose of restricting the liberty of persons under the age of 18. 3 In subsection (3)(e), after “Union” insert “ or (if the declaration is made for the purposes only of the registration of local government electors in Wales) a qualifying foreign citizen ” . 4 In subsection (4), after paragraph (b) insert— c in the case of a person falling within subsection (2A), any of the following— i an address in Wales at which the person has previously been resident, or ii an address used by a council of a county or county borough in Wales in which the person has previously been resident. 5 After subsection (7) insert— 7A Despite anything in subsection (7), in relation to Wales, a relevant declaration made by a person has effect only for the person's registration as a local government elector. 7B In subsection (7A) a “ relevant declaration ” means— a a declaration of local connection made by virtue of subsection (2A); b a declaration of local connection made by a qualifying foreign citizen; c any other declaration of local connection made by a person who, on the date on which the declaration is made, is— i under the age of 17, and ii not entitled to be registered in the register of parliamentary electors. 7C A relevant declaration referred to in subsection (7A) must be marked to show that it is available only for the purposes of registration as a local government elector, but otherwise is to be the same as other declarations of local connection. Service declarations 20 1 The 1983 Act is amended as follows. 2 In section 14 (service qualification), after subsection (1) insert— 1A In relation to the registration of local government electors in Wales, a person also has a service qualification for the purposes of this Act if— a the person is under the age of 18, b a parent or guardian of the person has a service qualification under any of paragraphs (a) to (e) of subsection (1), and c the person is residing at a particular place in order to be with that parent or guardian. 3 In section 15 (service declaration)— a after subsection (3) insert— 3A In relation to the registration of local government electors in Wales, a service declaration made by a person by virtue of a service qualification under section 14(1A) ceases to have effect when the person attains the age of 18. 3B Without prejudice to subsection (2), a person registered in a register of local government electors in Wales in pursuance of a service declaration referred to in subsection (3A) ceases to be entitled to remain so registered when the person attains the age of 18. 3C Where a person's entitlement to remain registered ceases under subsection (3B), the registration officer must remove the person's entry from the register. ; b after subsection (5) insert— 5A Despite anything in subsection (5), in relation to Wales, a relevant service declaration made by a person has effect only for the purposes of the person's registration as a local government elector. 5B In subsection (5A), “ relevant service declaration ” means— a a service declaration made by virtue of a service qualification under section 14(1A); b a service declaration made by a qualifying foreign citizen; c any other service declaration made by a person who, on the date on which the declaration is made, is— i under the age of 17, and ii not entitled to be registered in the register of parliamentary electors. 5C A relevant service declaration referred to in subsection (5A) must be marked to show that it is available only for the purposes of registration as a local government elector, but otherwise is to be the same as other service declarations. 4 In section 16 (contents of service declaration)— a the existing text becomes subsection (1); b in that subsection, in paragraph (e), after “Union” insert “ or (if the declaration is made for the purposes only of the registration of local government electors in Wales) a qualifying foreign citizen ” ; c after that subsection insert— 2 In relation to the registration of local government electors in Wales, a service declaration made by a person claiming to have a service qualification under section 14(1A) does not require to be attested. 5 In section 17 (effect of service declaration)— a in subsection (1)(c), after “Union” insert “ or (if the declaration is made for the purposes only of the registration of local government electors in Wales) a qualifying foreign citizen ” ; b after subsection (2) insert— 3 In relation to the registration of local government electors in Wales, subsection (2) is subject to section 15(3A). Contents of service declarations 21 1 The 2001 Regulations are amended as follows. 2 In regulation 15 (contents of service declaration)— a after paragraph (1) insert— 1A In relation to the registration of local government electors in Wales, paragraph (1)(c) does not apply in a case where the declarant claims a service qualification under section 14(1A) of the 1983 Act (see instead regulation 15A). ; b after paragraph (3) insert— 3A In relation to the registration of local government electors in Wales, the reference to “Government department” in paragraph (3) includes any organisation in which a Crown servant works. 3 After regulation 15 insert— Contents of service declaration: declarant with a service qualification under section 14(1A) of the 1983 Act 15A 1 In relation to the registration of local government electors in Wales, a service declaration by a person claiming a service qualification under section 14(1A) of the 1983 Act must include, in addition to the matters specified in regulation 15(1)(a) and (b), such of the particulars specified in paragraph (2), (3) or (4) as are relevant to the declarant. 2 Where the declarant claims a service qualification on the grounds that a parent or guardian of the declarant is a member of the forces (within the meaning of section 59(1) of the 1983 Act) or the spouse or civil partner of such a member, the declaration must state— a the service (whether naval, military or air forces) in which the member serves, b the rank or rating of the member, c the service number of the member, and d where the member serves in the military forces, the regiment or corps in which the member serves. 3 Where the declarant claims a service qualification on the grounds that a parent or guardian of the declarant is a Crown servant to whom regulation 14 applies or the spouse or civil partner of such a servant, the declaration must state— a the name of the organisation in which the servant works, b a description of the post of the servant, and c any staff number, payroll number or other similar identifying number of the servant. 4 Where the declarant claims a service qualification on the grounds that a parent or guardian of the declarant is a British Council employee or the spouse or civil partner of such an employee, the declaration must state— a a description of the post of the employee, and b any staff number, payroll number or other similar identifying number of the employee. Service declarations: further provision 22 1 The 2001 Regulations are amended as follows. 2 In regulation 25 (reminders to electors registered pursuant to a declaration), after paragraph (4) insert— 5 In relation to the registration of local government electors in Wales, paragraphs (6) and (7) apply in the case of a person registered in pursuance of a service declaration made by virtue of a service qualification under section 14(1A) of the 1983 Act. 6 The registration officer must send to the person a reminder that the person's declaration will cease to have effect, and that the person's entitlement to remain registered will cease, when the person attains the age of 18. 7 The reminder must be sent as soon as practicable within the period of 3 months ending on the day on which the person attains the age of 18. 3 In regulation 26B (power to request additional evidence where certain information is unavailable or where the registration officer considers it necessary)— a in paragraph (7)— i for “(6)” substitute “ (6A) ” ; ii after sub-paragraph (c) insert— ca in relation to the registration of local government electors in Wales, a service declaration on the grounds that the applicant has a service qualification under section 14(1A) of the 1983 Act; ; b after paragraph (9) insert— 9A In the case of an application in pursuance of a service declaration within paragraph (7)(ca), the registration officer may require that the applicant give the officer one of the following documents or a copy of one of them certified by a relevant official— a the applicant's passport, or b the applicant's identity card issued in the European Economic Area. 9B In paragraph (9A), “ relevant official ” means— a a Crown Servant (within the meaning of regulation 14), b a British Council employee, or c an officer of the forces (within the meaning of section 59(1) of the 1983 Act), who is not the applicant's parent, guardian, spouse or civil partner. Register of electors 23 In section 9 of the 1983 Act (registers of electors), after subsection (5) insert— 5A In relation to the registration of local government electors in Wales— a the entry in the combined registers of any person aged 16 or 17 who is registered only as a local government elector must give the date on which the person will attain the age of 18; b the entry in the combined registers of any person who is registered only as a local government elector by virtue of section 4(3A) of this Act must give an indication of that fact. Protection of information about persons aged under 16 24 1 A registration officer must not publish, supply or otherwise disclose a young person's information, except in accordance with— a section 25, or b regulations under section 26. 2 In this section and sections 25 and 26— “ a young person's information ” (“ gwybodaeth person ifanc ”) means any entry in— the register of local government electors, or an absent voters record or list, relating to a person who, at the time of the publication, supply or other disclosure, is under the age of 16, and “young person” is to be interpreted accordingly; “ absent voters record or list ” (“ cofnod neu restr o bleidleiswyr absennol ”) means any of the following— a record kept under article 6(4), 7(7) or 10(6) of the 2025 Order ; a list kept under article 8 or 10(8) of the 2025 Order ; so far as relating to local government elections, a record kept under paragraph 3(4) or 7(6) of Schedule 4 to the Representation of the People Act 2000 (c. 2) (absent voting); so far as relating to local government elections, a list kept under paragraph 5 or 7(8) of that Schedule; “ register of local government electors ” (“ cofrestr o etholwyr llywodraeth leol ”) includes any notice of an alteration in the register under section 13A(2), 13AB(2) or 13B(3), (3B) or (3D) of the 1983 Act; “ registration officer ” (“ swyddog cofrestru ”) includes— a deputy of a registration officer; a person appointed to assist a registration officer in the carrying out of the registration officer's functions; a person, in the course of the person's employment, assisting a registration officer in the carrying out of those functions. 3 In sections 25 and 26, “local government election” means— a an election of councillors for any electoral ward or community ward in Wales or, in the case of a community in Wales in which there are no wards, the community, for which the election of councillors is held under the Local Government Act 1972 (c. 70) , or b an election for the return of an elected mayor (within the meaning of section 39(1) of the Local Government Act 2000 (c. 22) ) of a local authority in Wales. Exceptions from prohibition on disclosure 25 1 This section applies for the purpose of section 24(1). 2 A young person's information may be disclosed to any person so far as necessary for the purpose of the carrying out by that person of functions in connection with— a the registration of electors, or b the conduct of an election. 3 A young person's information may be disclosed in accordance with regulation 32ZBD(9) and (9A) of the 2001 Regulations (pre-population of the canvass form). 4 A young person's information (other than any information by which the person's date of birth may be ascertained) may be disclosed in a version or copy of the register of local government electors or an absent voters record or list supplied in accordance with a relevant supply enactment, but only so far as it is necessary to do so for the purposes of or in connection with an election at which the young person will be entitled to vote. 5 In subsection (4), “ relevant supply enactment ” means— a regulation 100 of the 2001 Regulations (supply to the Electoral Commission); b regulation 104 of the 2001 Regulations (supply to holders of relevant elective offices and candidates), so far as applying to a Member of the Senedd , a member of a local authority in Wales, an elected mayor of a local authority in Wales or candidates at local government election ; c regulation 108 of the 2001 Regulations (supply to candidates), so far as applying to candidates at Senedd elections or local government elections ; d regulation 102 of the 2001 Regulations (general provision), so far as relating to regulations 104 and 108; e regulation 61 of the 2001 regulations (absent voters records or lists) so far as applying to local government elections and any enactment making provision equivalent to that regulation in relation to Senedd elections; f regulation 98 of the 2001 regulations (supply to returning officers) so far as applying to returning officers of community councils and returning officers for any Senedd elections and any enactment making provision equivalent to regulation 98(4) in relation to Senedd elections. 6 A young person's information may be disclosed to any person so far as necessary for the purposes of a criminal investigation or criminal proceedings relating to an offence (or alleged offence) under any enactment relating to— a the registration of electors, or b the conduct of elections. 7 A young person's information may be disclosed to the young person to whom it relates. 8 A registration officer must supply a young person's information to the young person to whom it relates if the young person requests the information for the purpose of verifying that the young person is a permissible donor within the meaning of section 54(2)(a) of the Political Parties, Elections and Referendums Act 2000 (c. 41). 9 A young person's information may be disclosed to a person appointed as proxy to vote for the young person to whom the information relates. 10 A person to whom a young person's information is disclosed under subsection (2) or (6) must not disclose the information to another person, except as mentioned in that subsection. 11 A person who contravenes subsection (10) commits an offence and is liable on summary conviction to a fine. Further provision for exceptions 26 1 The Welsh Ministers may by regulations make provision for or about the disclosure of a young person's information in connection with elections to the Senedd , local government elections or local referendums . 2 Regulations under subsection (1) may (among other things) include provision— a authorising or requiring registration officers to supply or otherwise disclose any young person's information to persons specified in the regulations; b specifying, in relation to any description of persons specified in the regulations in pursuance of paragraph (a), the purposes for which any young person's information supplied or otherwise disclosed may be used; c imposing prohibitions or restrictions relating to the extent (if any) to which persons to whom any young person's information is supplied or otherwise disclosed (whether in accordance with the regulations or otherwise) may— i supply or otherwise disclose the information to other persons; ii make use of the information otherwise than for any purposes specified in the regulations or for which the information has been supplied or otherwise disclosed in accordance with the regulations; d imposing prohibitions or restrictions corresponding to those which may be imposed by virtue of paragraph (c) in relation to— i persons to whom any young person's information has been supplied or otherwise disclosed in accordance with regulations made in pursuance of paragraph (c) or this paragraph, or ii persons who otherwise have access to any young person's information; e imposing, in relation to persons involved in the preparation of the full register of local government electors, prohibitions with respect to supplying copies of the full register and disclosing any young person's information contained in it. 3 Regulations under subsection (1) may— a amend, repeal or modify provision in section 25; b make provision by reference to other enactments relating to the supply or disclosure of the register of local government electors, or copies of it or entries in it; c provide for the creation of criminal offences punishable on summary conviction by a fine. 4 Before making regulations under subsection (1), the Welsh Ministers must consult such persons as the Welsh Ministers consider appropriate. 5 In this section, “local referendum” means a referendum held under— a section 27 of the Local Government Act 2000 (c. 22) or by virtue of regulations or an order made under Part 2 of that Act, or b section 40 of the Local Government (Wales) Measure 2011 (nawm 2) . Amendments to the National Assembly for Wales (Representation of the People) Order 2007 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Oversight of administration of elections Financial and oversight arrangements of the Electoral Commission 28 1 Schedule 1 to the Political Parties, Elections and Referendums Act 2000 (c. 41) is amended as follows. 2 After paragraph 16 insert— Financing of Commission: devolved Welsh elections and referendums 16A 1 The expenditure of the Commission that is attributable to the exercise of the Commission's functions in relation to devolved Welsh elections and devolved Welsh referendums is (so far as it cannot be met out of income received by the Commission) to be payable out of the Welsh Consolidated Fund. 2 For each financial year, the Commission must prepare an estimate of the Commission's income and expenditure that is attributable to the exercise of the Commission's functions in relation to devolved Welsh elections and devolved Welsh referendums. 3 At least six months before the start of the financial year to which an estimate relates, the Commission must submit the estimate to the Llywydd's Committee. 4 During the financial year to which an estimate relates, the Commission may prepare a revised estimate and submit it to the Llywydd's Committee; and references in the rest of this paragraph to an estimate include a revised estimate. 5 The committees of Senedd Cymru must include one to be known as the Llywydd's Committee or Pwyllgor y Llywydd. 6 The committee must be chaired by the Presiding Officer or the Deputy Presiding Officer. 7 The Llywydd's Committee must— a examine each estimate submitted to it, b decide whether it is satisfied that the estimated level of income and expenditure is consistent with the economical, efficient and effective discharge by the Commission of their functions in relation to devolved Welsh elections and devolved Welsh referendums, and c if it is not so satisfied, make such modifications to the estimate as it considers appropriate for the purpose of achieving such consistency. 8 Before deciding whether it is so satisfied or making any such modifications, the Llywydd's Committee must— a have regard to the most recent report made to it by the Comptroller and Auditor General under paragraph 16C(2), to any later report made under paragraph 16C(4), and to any recommendations contained in the reports; b consult the Welsh Ministers and have regard to any advice the Welsh Ministers may give. 9 The Llywydd's Committee must, after concluding its examination and making its modifications (if any) to the estimate, lay the estimate before Senedd Cymru. 10 If the Llywydd's Committee, in the discharge of its functions under this paragraph— a does not follow any recommendation contained in a report of the Comptroller and Auditor General, b does not follow any advice given to it by the Welsh Ministers, or c makes any modification to the estimate, it must include in the next report which it makes to Senedd Cymru under paragraph 20B a statement of its reasons for so doing. Five-year plan: devolved Welsh elections and referendums 16B 1 This paragraph applies where paragraph 16A(3) requires the Commission to submit an estimate to the Llywydd's Committee and— a the estimate is the first estimate to be submitted under paragraph 16A(3), b the estimate relates to the first financial year to begin after the day on which Senedd Cymru meets following an ordinary general election of Members of the Senedd, or c the estimate relates to any other financial year and the Llywydd's Committee requires the Commission to submit a plan under this paragraph. 2 When the Commission submit the estimate, the Commission must at the same time submit to the Llywydd's Committee a plan setting out— a the Commission's aims and objectives for the exercise of the Commission's functions in relation to devolved Welsh elections and devolved Welsh referendums during the period of five years beginning with the financial year to which the estimate relates, and b the Commission's estimated requirements for resources for the exercise of those functions during that five-year period. 3 The Llywydd's Committee must— a examine each plan submitted to it, b decide whether it is satisfied that the plan is consistent with the economical, efficient and effective discharge by the Commission of their functions in relation to devolved Welsh elections and devolved Welsh referendums, and c if it is not so satisfied, make such modifications to the plan as it considers appropriate for the purpose of achieving such consistency. 4 Before deciding whether it is so satisfied or making any such modifications, the Llywydd's Committee must— a have regard to the most recent report made to it by the Comptroller and Auditor General under paragraph 16C(2) and to any recommendations contained in the report; b consult the Welsh Ministers and have regard to any advice the Welsh Ministers may give. 5 The Llywydd's Committee must, after concluding its examination and making its modifications (if any) to the plan, lay the plan before Senedd Cymru. 6 If the Llywydd's Committee, in the discharge of its functions under this paragraph— a does not follow any recommendation contained in the report of the Comptroller and Auditor General, b does not follow any advice given to it by the Welsh Ministers, or c makes any modification to the plan, it must include in the next report which it makes to Senedd Cymru under paragraph 20B a statement of its reasons for so doing. Examination of Commission: devolved Welsh elections and referendums 16C 1 Sub-paragraph (2) applies where the Commission submit to the Llywydd's Committee both an estimate under paragraph 16A(3) and a plan under paragraph 16B(2). 2 For the purpose of assisting the Llywydd's Committee to discharge its functions under paragraphs 16A and 16B, the Comptroller and Auditor General must, before the Llywydd's Committee considers the estimate and plan— a carry out an examination into the economy, efficiency or effectiveness (or, if the Comptroller and Auditor General so determines, any combination of them) with which the Commission have used their resources in discharging their functions in relation to devolved Welsh elections and devolved Welsh referendums (or, if the Comptroller and Auditor General so determines, any of those functions), b report to the Llywydd's Committee the results of the examination, and c include in the report such recommendations as the Comptroller and Auditor General considers appropriate in the light of the examination. 3 Sub-paragraph (4) applies where the Commission— a submit an estimate to the Llywydd's Committee under paragraph 16A(3) but are not required to submit a plan under paragraph 16B(2), or b submit a revised estimate to the Llywydd's Committee under paragraph 16A(4). 4 For the purpose of assisting the Llywydd's Committee to discharge its functions under paragraph 16A, the Comptroller and Auditor General may, before the Llywydd's Committee considers the estimate— a carry out a further examination into the matters mentioned in sub-paragraph (2)(a), b report to the Llywydd's Committee the results of the examination, and c include in the report such recommendations as the Comptroller and Auditor General considers appropriate in the light of the examination. 5 Section 8 of the National Audit Act 1983 (right to obtain documents and information) applies in relation to any examination under this paragraph as it applies in relation to an examination under section 6 of that Act. 6 See also section 19 of the Public Audit (Wales) Act 2013 (which enables the Wales Audit Office to make arrangements for any function of a public authority or office holder to be exercised by the Auditor General for Wales). 3 In paragraph 18 (audit)— a in sub-paragraph (1)(b), at the end insert “ and the Llywydd's Committee ” ; b in sub-paragraph (2)(b), after “Parliament” insert “ and Senedd Cymru ” ; c after sub-paragraph (2) insert— 3 The Llywydd's Committee may submit to the Auditor General for Wales any accounts that have been certified and laid before Senedd Cymru under sub-paragraph (2). 4 The Auditor General for Wales must— a carry out a further examination of any accounts submitted under sub-paragraph (3), so far as they relate to the exercise of the Commission's functions in relation to devolved Welsh elections and devolved Welsh referendums, and b prepare and lay before Senedd Cymru a report on the accounts so far as they relate to the exercise of those functions. 4 In paragraph 19(4) (responsibilities of accounting officer), after “the Speaker's Committee” insert “ , the Llywydd's Committee ” . 5 After paragraph 20 insert— Reports by Commission: devolved Welsh elections and referendums 20A 1 The Commission must, as soon as practicable after the end of each financial year— a prepare a report about the performance of the Commission's functions in relation to devolved Welsh elections and devolved Welsh referendums during that financial year, and b lay the report before Senedd Cymru. 2 On laying the report, the Commission must publish it in such manner as the Commission may determine. Reports by the Llywydd's Committee 20B 1 The Llywydd's Committee must, at least once in each year— a prepare a report on the exercise by the Llywydd's Committee of its functions under this Schedule, and b lay the report before Senedd Cymru. 2 For the purposes of the law of defamation, the publication of any matter by the Llywydd's Committee in such a report is absolutely privileged. 6 In paragraph 25— a the existing provision becomes sub-paragraph (1); b after that sub-paragraph insert— 2 In this Schedule— “ devolved Welsh election ” means— a general election of members of Senedd Cymru; an election held under section 10 of the Government of Wales Act 2006 (elections for Senedd constituency vacancies); a local government election in Wales; “ devolved Welsh referendum ” means a referendum held under Part 2 of the Local Government Act 2000 or Part 4 of the Local Government (Wales) Measure 2011 (referendums relating to local authority executive arrangements); “ the Llywydd's Committee ” means the Committee established in accordance with paragraph 16A(5). 7 Schedule 2 contains further amendments relating to the Electoral Commission. PART 4 DISQUALIFICATION Disqualification from being a Member of the Senedd 29 1 Section 16 of the 2006 Act (disqualification from being Assembly member) is amended as follows. 2 Before subsection (1) insert— A1 A person is disqualified from being a Member of the Senedd, and from being a candidate to be a Member of the Senedd, if that person— a falls within any of the categories of person specified in Part 1 of Schedule 1A, or b holds any of the offices specified in the Table in Part 2 of Schedule 1A. 3 In subsection (1)— a for the words before paragraph (za) substitute— 1 A person is disqualified from being a Member of the Senedd (but not from being a candidate to be a Member of the Senedd) if that person— ; b after paragraph (za), insert— zb is a member of the House of Lords (but see section 17C), zc is a member of the council of a county or county borough in Wales (but see sections 17D, 17E and 17F), zd is a member of the Scottish Parliament, ze is a member of the Northern Ireland Assembly, zf is a member of the European Parliament, or ; c omit paragraph (a); d omit paragraphs (c) to (e). 4 After subsection (1) insert— 1A A person returned at an election as a Member of the Senedd is not disqualified under subsection (1)(zd), (ze), (zf) or (b) at any time before the person purports to take the oath of allegiance (or make the corresponding affirmation) in compliance with section 23(1) or 55(2). 5 Omit subsections (2) to (4). 6 In subsection (5), for “in that paragraph and this subsection” substitute “ for the purposes of this section ” . 7 Before Schedule 2 to the 2006 Act, insert the Schedule 1A set out in Schedule 3 to this Act. Exceptions and relief from disqualification 30 1 Section 17 of the 2006 Act (exceptions and relief from disqualification) is amended as follows. 2 Omit subsections (1) and (2). 3 In subsection (3), omit “or (4)”. 4 In the section heading, for “Exceptions and relief” substitute “ Relief ” . Exception from disqualification by virtue of being a Member of Parliament: changes to dates of general elections of Members of the Senedd 31 1 Section 17B of the 2006 Act (exception from disqualification by virtue of being a Member of Parliament: general election of Assembly members within 372 days) is amended as follows. 2 After subsection (3) insert— 3A Where, at the relevant time, section 3(1A) prevents the poll at the next ordinary general election being held on the day specified in section 3(1)— a if an order under section 3(1B) has been made, the expected day is the day on which the poll is required to be held in accordance with section 3(1B); b if no order under section 3(1B) has been made, the expected day is the day on which the poll would be held in accordance with section 3(1) if section 3(1A) were disregarded. 3B Where, at the relevant time, the Presiding Officer has proposed a day for the holding of the poll at the next ordinary general election under section 4(1)— a if a proclamation under section 4(2) has been issued, the expected day is the day on which the poll is required to be held in accordance with that proclamation; b if no proclamation under section 4(2) has been issued, the expected day is the day proposed under section 4(1). 3 In subsection (4)— a in paragraph (a)— i for “an Order in Council under section 5(4) has been made” substitute “ a proclamation under section 5(4) has been issued ” ; ii for “Order”, in the second place where it appears, substitute “ proclamation ” ; b in paragraph (b), for “Order in Council under section 5(4) has been made” substitute “ proclamation under section 5(4) has been issued ” . 4 In subsection (5)(a), for “an order under section 4 (power to vary date of ordinary general election) being made” substitute “ a day being proposed under section 4(1) (power to vary date of ordinary general election) ” . Exception from disqualification by virtue of being a member of the House of Lords 32 After section 17B of the 2006 Act insert— Exception from disqualification by virtue of being a member of the House of Lords 17C 1 A person returned at an election as a Member of the Senedd is not disqualified under section 16(1)(zb) (disqualification by virtue of being a member of the House of Lords) at any time in the period of eight days beginning with the day the person is so returned. 2 A Member of the Senedd who becomes a member of the House of Lords is not disqualified under section 16(1)(zb) at any time before the end of the period of eight days beginning with the day the person makes and subscribes the oath required by the Parliamentary Oaths Act 1866 (c. 19) (or the corresponding affirmation). 3 A person is not disqualified from being a Member of the Senedd under section 16(1)(zb) at any time when the person— a has leave of absence from the House of Lords, or b has made an application for leave of absence which has not been withdrawn or refused. 4 A person who is on leave of absence from the House of Lords immediately before Parliament is dissolved is not disqualified from being a Member of the Senedd under section 16(1)(zb) at any time in the period— a beginning with the dissolution of the old Parliament, and b ending at the end of the period of eight days beginning with the day of the first meeting of the new Parliament. Exceptions from disqualification by virtue of being a member of a county or county borough council 33 After section 17C of the 2006 Act (as inserted by section 32) insert— Exception from disqualification by virtue of being a councillor: recently elected members 17D 1 A person returned at an election as a Member of the Senedd is not disqualified under section 16(1)(zc) (disqualification by virtue of being a member of the council of a county or county borough in Wales) at any time before the person purports to take the oath of allegiance (or make the corresponding affirmation) in compliance with section 23(1) or 55(2). 2 A Member of the Senedd who is returned at an election as a member of the council of a county or county borough in Wales is not disqualified under section 16(1)(zc) at any time before the person makes a declaration of acceptance of office under section 83 of the Local Government Act 1972 (c. 70). Exception from disqualification by virtue of being a councillor: ordinary election of councillors within 372 days 17E 1 This section applies if— a a member of the council of a county or county borough in Wales is returned as a Member of the Senedd, and b the expected day of the next ordinary election of members of the council is within the period of 372 days beginning with the day the person is so returned (“the return day”). 2 The member is not disqualified under section 16(1)(zc) (disqualification by virtue of being a member of the council of a county or county borough in Wales) at any time in the period— a beginning with the return day, and b ending with the fourth day after the day of the next ordinary election of members of the council. 3 For the purposes of subsection (1)(b) the expected day of the next ordinary election of members of the council is to be determined by reference to the circumstances as at the beginning of the return day (“ the relevant time ”). 4 For the purpose of determining the expected day, no account is to be taken of the possibility of— a an order under section 37ZA(1) of the Representation of the People Act 1983 (c. 2) (power to vary ordinary day of local elections), or b an order under section 87 of the Local Government Act 2000 (c. 22) (power to change year in which local election is held), being made after the relevant time. 5 References in this section and section 17F to the “day” of an election are to the day on which the poll at the election is held. Exception from disqualification by virtue of being a councillor: general election of Members of the Senedd within 372 days 17F 1 This section applies if— a a Member of the Senedd is returned as a member of the council of a county or county borough in Wales, and b the expected day of the next general election of Members of the Senedd is within the period of 372 days beginning with the day the person is so returned (“the return day”). 2 The member is not disqualified under section 16(1)(zc) (disqualification by virtue of being a member of the council of a county or county borough in Wales) at any time in the period— a beginning with the return day, and b ending immediately before the day of the next general election of Members of the Senedd. 3 For the purposes of subsection (1)(b) the expected day of the next general election of Members of the Senedd is to be determined by reference to the circumstances as at the beginning of the return day (“ the relevant time ”). 4 Where, at the relevant time, section 3(1A) prevents the poll at the next ordinary general election being held on the day specified in section 3(1)— a if an order under section 3(1B) has been made, the expected day is the day on which the poll is required to be held in accordance with section 3(1B); b if no order under section 3(1B) has been made, the expected day is the day on which the poll would be held in accordance with section 3(1) if section 3(1A) were disregarded. 5 Where, at the relevant time, the Presiding Officer has proposed a day for the holding of the poll at the next ordinary general election under section 4(1)— a if a proclamation under section 4(2) has been issued, the expected day is the day on which the poll is required to be held in accordance with that proclamation; b if no proclamation under section 4(2) has been issued, the expected day is the day proposed under section 4(1). 6 Where, at the relevant time, section 5(2) or (3) (extraordinary general elections) applies— a if a proclamation under section 5(4) has been issued, the expected day is the day on which the poll is required to be held in accordance with that proclamation; b if no proclamation under section 5(4) has been issued but a day has been proposed under section 5(1), that is the expected day; c otherwise, the expected day is to be treated as being within the period mentioned in subsection (1)(b). 7 For the purpose of determining the expected day, no account is to be taken of the possibility of— a a day being proposed under section 4(1) (power to vary date of ordinary general election) after the relevant time, or b section 5(2) or (3) (extraordinary general elections) first applying after that time. Effect of disqualification 34 1 Section 18 of the 2006 Act (effect of disqualification) is amended as follows. 2 At the beginning, insert— A1 If a person who is disqualified from being a candidate to be a Member of the Senedd (see section 16(A1)) is nominated as a candidate at a general election of Members of the Senedd or an election to fill a vacancy under section 10, the person's nomination is void. 3 Omit subsection (2). 4 In subsection (3), omit “or” and paragraph (b). 5 In subsection (8), omit “or” and paragraph (b). 6 In section 19(1) of the 2006 Act (judicial proceedings as to disqualification), omit paragraph (b) and the “or” before it. Consequential amendments 35 1 In section 427(6B) of the Insolvency Act 1986, for “section 16(2) of the Government of Wales Act 2006 by virtue of this section” substitute “ section 16(A1)(a) of the Government of Wales Act 2006 and paragraph 4 of Schedule 1A to that Act ” . 2 In Schedule 10 to the 2006 Act, omit paragraph 18 and the italic heading before it. 3 In section 1(8) of the National Assembly for Wales Commissioner for Standards Measure 2009 (nawm 4), omit paragraph (a). 4 In Schedule 1 to the Public Services Ombudsman (Wales) Act 2019 (anaw 3)— a in paragraph 6(1)(d), for “paragraph 7 of this Schedule or section 16(1)(d) of the Government of Wales Act 2006 (c. 32)” substitute “ holding office as the Ombudsman or an acting Ombudsman ” ; b in paragraph 7, omit sub-paragraph (2). PART 5 MISCELLANEOUS Timing of first meeting of the Senedd after a general election 36 1 In section 3 of the 2006 Act (ordinary general elections), in subsection (2)(b), for “seven” substitute “ fourteen ” . 2 In section 4 of the 2006 Act (power to vary date of ordinary general election), in subsection (2)(c), for “seven” substitute “ fourteen ” . 3 In section 5 of the 2006 Act (extraordinary general elections), in subsection (4)(c), for “seven” substitute “ fourteen ” . Powers of the Senedd Commission: provision of goods and services 37 In Schedule 2 to the 2006 Act (Assembly Commission), in paragraph 4, for sub-paragraph (4) substitute— 4 The Senedd Commission may— a provide goods or services to the public, or b make arrangements for the provision of goods or services to the public. 4A The Senedd Commission may charge for goods or services provided under sub-paragraph (4). Report on extension of right to vote and change to qualification for membership of the Senedd 38 1 The Welsh Ministers must, before the end of the period of 6 months beginning with the first day after the end of the reporting period, prepare and publish a report on the operation of the provisions of this Act that— a extend the right to vote in Senedd elections to persons who are aged 16 or 17, b extend the right to vote in Senedd elections to persons who are qualifying foreign citizens, c allow qualifying foreign citizens to be Members of the Senedd, and d disqualify members of county and county borough councils in Wales from being Members of the Senedd. 2 The report published under subsection (1) must be laid before the Senedd. 3 In subsection (1), “ reporting period ” means the period of 5 years beginning with the day of the first Senedd election at which the poll is held on or after 5 April 2021. PART 6 GENERAL Power to make consequential and transitional provision etc. 39 1 If the Welsh Ministers consider it appropriate for the purposes of, in consequence of, or for giving full effect to any provision of this Act, they may by regulations make— a supplemental, incidental or consequential provision; b transitional, transitory or saving provision. 2 Regulations under subsection (1) may amend, modify, repeal or revoke any enactment (including an enactment contained in this Act). Regulations under this Act 40 1 A power to make regulations under this Act— a is exercisable by statutory instrument; b includes the power to make different provision for different purposes; c includes the power to make incidental, supplementary, consequential, transitional, transitory or saving provision. 2 A statutory instrument to which this subsection applies may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the Senedd. 3 Subsection (2) applies to a statutory instrument containing— a regulations under section 15(1) (invitations to register: further provision about persons under the age of 16) or section 39 (power to make consequential and transitional provision etc.) that amend, repeal or modify provision in— i an Act of the United Kingdom Parliament, ii a Measure passed under Part 3 of the 2006 Act, or iii an Act passed under Part 4 of the 2006 Act; b regulations under section 26(1). 4 A statutory instrument containing regulations under this Act to which subsection (2) does not apply is subject to annulment in pursuance of a resolution of the Senedd. General interpretation 41 In this Act— “ 1983 Act ” (“ Deddf 1983 ”) means the Representation of the People Act 1983 (c. 2); “ 2001 Regulations ” (“ Rheoliadau 2001 ”) means the Representation of the People (England and Wales) Regulations 2001 (S.I. 2001/341); “ 2006 Act ” (“ Deddf 2006 ”) means the Government of Wales Act 2006 (c. 32); ... “ 2025 Order ” (“ Gorchymyn 2025 ”) means the Senedd Cymru (Representation of the People) Order 2025 (S.I. 2025/864) (W. 150); “ enactment ” (“ deddfiad ”) means an enactment whenever enacted or made; “ registration officer ” (“ swyddog cofrestru ”) means a registration officer appointed by a local authority under section 8(2A) of the 1983 Act; “ Senedd ” means Senedd Cymru. Coming into force 42 1 The following provisions come into force on the day on which this Act receives Royal Assent— a Part 1 (section 1); b in Part 3— i section 10, but that section has effect in accordance with section 10(4); ii section 11, but that section has effect in accordance with section 11(2); iii section 27, but subsections (2)(d), (3) and (4) of that section have effect in accordance with section 27(5); c Part 4 (sections 29 to 35 and Schedule 3), but it only has effect for the purposes of a Senedd election at which the poll is held on or after 5 April 2021; d in Part 5, sections 37 and 38; e this Part (sections 39 to 43). 2 Part 2 (sections 2 to 9 and Schedule 1) comes into force on 6 May 2020. 3 In Part 3— a sections 12 to 26 come into force on 1 June 2020; b section 28 and Schedule 2 come into force on a day appointed by the Welsh Ministers in an order made by statutory instrument. 4 An order under subsection (3)(b) may include transitional, transitory or saving provision. 5 In Part 5, section 36 comes into force on the day of the first Senedd election at which the poll is held on or after 5 April 2021. Short title 43 The short title of this Act is the Senedd and Elections (Wales) Act 2020. SCHEDULE 1 MINOR AND CONSEQUENTIAL AMENDMENTS RELATING TO PART 2 (introduced by section 9) Freedom of Information Act 2000 (c. 36) 1 Part 6 of Schedule 1 to the Freedom of Information Act 2000 is amended as follows— a omit “The National Assembly for Wales Remuneration Board”; b in the appropriate place insert “ The Independent Remuneration Board of the Senedd ” . Government of Wales Act 2006 (c. 32) 2 1 The 2006 Act is amended as follows. 2 In the title of Part 1, for “National Assembly for Wales” substitute “ Senedd Cymru ” . 3 In section 1— a in subsection (1), for “an Assembly” substitute “ a parliament ” ; b in subsection (3), for “Members of the Assembly (referred to in this Act as “ Assembly members ”)” substitute “ Members of the Senedd ” . 4 In section 20(8), for “National Assembly for Wales Remuneration Board” substitute “ Independent Remuneration Board of the Senedd ” . 5 In section 23(5), for “Assembly member's” substitute “Member's”. 6 In section 126A— a in subsection (9), for “National Assembly for Wales” substitute “ Senedd ” ; b in subsection (10), for “National Assembly for Wales” substitute “ Senedd ” . 7 In section 150A— a in the heading, for “Change of name of the Assembly etc: translation of references” substitute “ Translation of references to Senedd Cymru etc. ” ; b omit subsection (1); c in subsection (2)— i for “, the National Assembly for Wales Commission or an Act of the National Assembly for Wales (as the case may be), or the Welsh equivalent shown in subsection (1)” substitute “ (or Cynulliad Cenedlaethol Cymru), the National Assembly for Wales Commission (or Comisiwn Cynulliad Cenedlaethol Cymru) or Acts of the National Assembly for Wales (or Deddfau Cynulliad Cenedlaethol Cymru) (as the case may be) ” ; ii for “new name” substitute “ name given by Part 2 of the Senedd and Elections (Wales) Act 2020 ” ; d after subsection (2) insert— 3 Unless the context requires otherwise, a reference to Senedd Cymru or the Welsh Parliament, the Senedd Commission (or Comisiwn y Senedd) or Acts of Senedd Cymru (or Deddfau Senedd Cymru) (as the case may be), in— a any enactment (including any enactment comprised in or made under this Act) or prerogative instrument, or b any other instrument or document, is to be read as including a reference to the previous name. 8 In section 159— a omit the entry for “the Assembly” to the entry for “Assembly electoral region”; b omit the entry for “Assembly member” to the entry for “Assembly's legislative competence (in relation to Acts of the Assembly)”; c insert in the appropriate places— Member of the Senedd section 1(2A) the Senedd section 1(1) the Senedd Commission section 27(1) Senedd constituency section 2(1) . . . . . . . . . . . . Senedd proceedings section 1(5) . . . . . . Senedd's legislative competence (in relation to Acts of the Senedd) section 108A . 9 In Schedule 7B, in paragraph 7(2)— a in paragraph (a)— i in sub-paragraph (i), for “ “the National Assembly for Wales”” substitute “ “Senedd Cymru” ” ; ii in sub-paragraph (xi), for “ “the National Assembly for Wales Commission”” substitute “ “the Senedd Commission” ” ; b in paragraph (c)(i), for “ “Acts of the National Assembly for Wales”” substitute “ “Acts of Senedd Cymru” ” . 10 In Schedule 9A— a omit the entry for “The National Assembly for Wales Commissioner for Standards or Comisiynydd Safonau ar gyfer Cynulliad Cenedlaethol Cymru.”; b omit the entry for “The National Assembly for Wales Remuneration Board or Bwrdd Taliadau Cynulliad Cenedlaethol Cymru.”; c in the appropriate place insert “ The Independent Remuneration Board of the Senedd or Bwrdd Taliadau Annibynnol y Senedd. ” ; d in the appropriate place insert “ The Senedd Commissioner for Standards or Comisiynydd Safonau y Senedd. ” 11 Sub-paragraphs (15) to (19) apply to every provision containing the words to be substituted by those sub-paragraphs after the amendments in Part 2 and sub-paragraphs (3) to (10) have been made, subject to sub-paragraphs (12) and (13). 12 Sub-paragraphs (15) to (19) do not apply to— a citations of enactments; b repealed provisions of the 2006 Act that are saved; c section 150A; d paragraph 3(8) of Schedule 2; e Schedule 10; f Schedule 11; g Schedule 12. 13 Sub-paragraphs (18) and (19) do not apply to references to “Assembly Measure“ or “Assembly Measures”. 14 In this paragraph, “ provision ” includes a title, cross-heading or heading. 15 For “an Assembly member”, in each place where it appears, substitute “ a Member of the Senedd ” . 16 For “Assembly member”, in each place where it appears after the amendments in sub- paragraph (15) have been made, substitute “ Member of the Senedd ” . 17 For “Assembly members”, in each place where it appears, substitute “ Members of the Senedd ” . 18 For “an Assembly”, in each place where it appears after the amendments in sub- paragraphs (15), (16) and (17) have been made, substitute “ a Senedd ” . 19 For “Assembly” and “Assembly's”, in each place where they appear after the amendments in sub-paragraphs (15), (16), (17) and (18) have been made, substitute “ Senedd ” and “Senedd's”, as appropriate. National Assembly for Wales Commissioner for Standards Measure 2009 (nawm 4) 3 1 The National Assembly for Wales Commissioner for Standards Measure 2009 is amended as follows. 2 In the cross-heading before section 1, for “National Assembly for Wales” substitute “ Senedd ” . 3 In section 1— a in subsections (3)(e) and (f) omit “Assembly”; b in subsection (8)(c), omit “Assembly” in the second place where it appears. 4 In section 20— a in subsection (1)— i omit the definition of “Assembly Member”and after the definition of “the Committee on Standards of Conduct”(but before the “and” after it) insert— “Member of the Senedd” (“Aelod o'r Senedd”) includes— a for the purposes of section 1(3)(a) and (b) only, the Counsel General even where that officer is not a Member of the Senedd, and b except for the purposes of section 1(3)(a) and (b), a former Member of the Senedd, ; ii in the definition of “the Commission”, for “National Assembly for Wales” substitute “ Senedd ” ; iii in the definition of “Counsel General” omit “Assembly”; b in subsection (2)(a), for “the National Assembly for Wales” substitute “ Senedd Cymru. ” 5 In the Schedule— a in the heading, for “NATIONAL ASSEMBLY FOR WALES” substitute “ SENEDD ” ; b in paragraph 3, for “National Assembly for Wales” substitute “ Senedd ” . 6 Sub-paragraphs (8) to (12) apply to every provision containing the words to be substituted by those sub-paragraphs after the amendments in Part 2 and sub-paragraphs (2) to (5) have been made, subject to sub-paragraph (7). 7 Sub-paragraphs (8) to (12) do not apply to— a citations of enactments; b section 21(1). 8 For “an Assembly Member”, in each place where it appears, substitute “ a Member of the Senedd ” . 9 For “Assembly Member”, in each place where it appears after the amendment in subparagraph (8) has been made, substitute “ Member of the Senedd ” . 10 For “Assembly Members”, in each place where it appears, substitute “ Members of the Senedd ” . 11 For “an Assembly”, in each place where it appears after the amendments in subparagraphs (8) to (10) have been made, substitute “ a Senedd ” . 12 For “Assembly”, in each place where it appears after the amendments in sub-paragraphs (8) to (11) have been made, substitute “ Senedd ” . National Assembly for Wales (Remuneration) Measure 2010 (nawm 4) 4 1 The National Assembly for Wales (Remuneration) Measure 2010 is amended as follows. 2 In the heading of section 1, for “National Assembly for Wales Remuneration Board” substitute “ Independent Remuneration Board of the Senedd ” . 3 In section 2(2)(b) and in paragraph 4 of Schedule 2, for “Assembly's”, substitute “Senedd's”. 4 In section 2(4)(b) and section 14(1), for “groups of Assembly members” substitute “ groups of Members ” . 5 Omit section 17. 6 In Schedule 1, in paragraph 1— a in sub-paragraph (d), for “regional Assembly member” substitute ”regional Member of the Senedd”; b in sub-paragraph (g) omit “Assembly”; c in sub-paragraph (h), for “group of Assembly members” substitute “ group of Members ” ; d in sub-paragraph (j), for “National Assembly for Wales” substitute “ Senedd ” ; e in sub-paragraph (n) omit “Assembly”. 7 Sub-paragraphs (9) to (12) apply to every provision containing the words to be substituted by those sub-paragraphs after the amendments in Part 2 and sub-paragraphs (3) to (6) have been made, subject to sub-paragraph (8). 8 Sub-paragraphs (9) to (12) do not apply to— a citations of enactments; b sections 15, 19 and 20; c paragraph 1(e) of Schedule 1; d Schedule 3. 9 For “an Assembly member”, in each place where it appears, substitute “ a Member of the Senedd ” . 10 For “Assembly members”, in each place where it appears, substitute “ Members of the Senedd ” . 11 For “an Assembly”, in each place where it appears after the amendments in sub- paragraphs (9) and (10) have been made, substitute “ a Senedd ” . 12 For “Assembly”, in each place where it appears after the amendments in sub-paragraphs (9), (10) and (11) have been made, substitute “ Senedd ” . Legislation (Wales) Act 2019 (anaw 4) 5 1 The Legislation (Wales) Act 2019 is amended as follows. 2 In section 2— a in subsection (2), for “the National Assembly for Wales” substitute “ Senedd Cymru ” ; b in subsections (5), (6) and (7), for “the National Assembly” substitute “ Senedd Cymru ” . 3 In the provisions mentioned in sub-paragraph (4)— a omit “Assembly”; b omit “Welsh subordinate”. 4 The provisions are— a section 13(3); b section 16(2)(a), (3)(a) and (5); c section 25(1)(b); d section 26(1)(b). 5 In section 40— a in the section heading and subsection (1), for “Assembly”, in each place where it appears, substitute “ Senedd ” ; b in subsection (2)— i in the words before paragraph (a), for “Assembly” substitute “ Senedd ” ; ii in paragraph (a), for “the National Assembly for Wales” substitute “ Senedd Cymru ” ; iii in paragraph (b), for “the National Assembly for Wales” and “the National Assembly” substitute “ Senedd Cymru ” ; iv in paragraphs (c), (d) and (e), for “the National Assembly for Wales” substitute “ Senedd Cymru ” ; c in subsection (3)(b), for “Assembly” substitute “ Senedd ” . 6 In section 43(2) and (3), for “the National Assembly for Wales” substitute “ Senedd Cymru ” . 7 In the Table in Schedule 1— a omit the entries for— Assembly Act ( Deddf Cynulliad ) ; National Assembly for Wales ( Cynulliad Cenedlaethol Cymru ) ; National Assembly for Wales Commission ( Comisiwn Cynulliad Cenedlaethol Cymru ) . b insert the following entries in the appropriate places in alphabetical order— Act of the Parliament of the United Kingdom ( Deddf gan Senedd y Deyrnas Unedig ) “ Act of the Parliament of the United Kingdom ” includes an Act of the Parliament of Great Britain or of the Parliament of England ; Act of Senedd Cymru ( Deddf gan Senedd Cymru ) “ Act of Senedd Cymru ” means an Act enacted under Part 4 of the Government of Wales Act 2006 (c. 32) (whether as an Act of Senedd Cymru or an Act of the National Assembly for Wales) ; Member of the Senedd ( Aelod o'r Senedd ) “Member of the Senedd” is to be interpreted in accordance with section 1(2A) of the Government of Wales Act 2006 (c. 32) ; Senedd Commission ( Comisiwn y Senedd ) “ Senedd Commission ” means the Commission established by section 27 of the Government of Wales Act 2006 (c. 32) (and originally known as the National Assembly for Wales Commission) ; Senedd Cymru ( Senedd Cymru ) “ Senedd Cymru ” means the parliament for Wales established by section 1 of the Government of Wales Act 2006 (c. 32) (and originally known as the National Assembly for Wales) . 8 For “Assembly Act”, in each place where it appears after the amendments in sub-paragraphs (3) and (7) have been made, substitute “ Act of Senedd Cymru ” . 9 For “Assembly Acts”, in each place where it appears, substitute “ Acts of Senedd Cymru ” . SCHEDULE 2 ELECTORAL COMMISSION: FURTHER AMENDMENTS (introduced by section 28) Representation of the People Act 1983 (c. 2) 1 1 Schedule 4A to the 1983 Act is amended as follows. 2 In paragraph 14(1), after “code of practice” insert “ for elections other than local government elections in Wales ” . 3 After paragraph 14 insert— 14A 1 The Electoral Commission (“ the Commission ”) may prepare, and from time to time revise, a code of practice for local government elections in Wales giving— a guidance as to the matters which do, or do not, fall within Part 1 or Part 2 of this Schedule; b guidance (supplementing the definition in section 90ZA(3)) as to the cases or circumstances in which expenses are, or are not, to be regarded as incurred for the purposes of a candidate's election. 2 Once the Commission have prepared a draft code under this paragraph, they must submit it to the Welsh Ministers for approval. 3 The Welsh Ministers may approve a draft code with or without modifications. 4 Once the Welsh Ministers have approved a draft code they must lay a copy of the draft, in the form in which they have approved it, before Senedd Cymru. 5 If the draft incorporates modifications, the Welsh Ministers must at the same time lay before Senedd Cymru a statement of their reasons for making them. 6 If, within the 40-day period, Senedd Cymru resolves not to approve the draft, the Welsh Ministers must take no further steps in relation to it. 7 If no such resolution is made within the 40-day period— a the Welsh Ministers must issue the code in the form of the draft laid before Senedd Cymru, b the code comes into force on the date appointed by the Welsh Ministers by order, and c the Commission must arrange for the code to be published in such manner as the Commission think appropriate. 8 Sub-paragraph (6) does not prevent a new draft code from being laid before Senedd Cymru. 9 In this paragraph, “ the 40-day period ”, in relation to a draft code, means the period of 40 days beginning with the day on which the draft is laid before Senedd Cymru, no account being taken of any period during which Senedd Cymru is dissolved or is in recess for more than four days. 10 In this paragraph references to a draft code include a revised draft code. . Political Parties, Elections and Referendums Act 2000 (c. 41) 2 The Political Parties, Elections and Referendums Act 2000 is amended as follows. 3 1 Section 6 is amended as follows. 2 In subsection (3)(b), after “Scottish Parliament” insert “ , Senedd Cymru ” . 3 In subsection (6)— a in paragraph (a)— i in sub-paragraph (i), at the end insert “ other than those mentioned in paragraph (d) of that subsection ” ; ii in sub-paragraph (ii), omit “or Wales”; b in paragraph (b), omit “and those under Part II of the Local Government Act 2000”. 4 After section 6 insert— Reviews of devolved electoral matters in Wales 6ZA 1 The Commission must keep the matters mentioned in subsection (2) under review, and must from time to time submit reports on those matters to the Welsh Ministers. 2 The matters are such matters as the Commission may from time to time determine relating to— a general elections of Members of the Senedd; b elections under section 10 of the Government of Wales Act 2006 (elections for Senedd constituency vacancies); c local government elections in Wales; d referendums under Part 2 of the Local Government Act 2000 and Part 4 of the Local Government (Wales) Measure 2011 (referendums relating to executive arrangements of local authorities in Wales); e the law relating to the elections and referendums mentioned in paragraphs (a) to (d). 3 Subsection (4) applies if the Welsh Ministers request the Commission to review and report on any matter or matters for which provision is or could be made in an Act of Senedd Cymru (whether or not falling within subsection (2)). 4 The Commission must, within such time as the Welsh Ministers may specify— a review the matters specified in the request, and b submit a report on those matters to the Welsh Ministers. 5 The Commission must publish each report made under this section in such manner as the Commission may determine. 5 In section 6C(3), after “6F” insert “ or 6G ” . 6 In section 6D(4), after “6F” insert “ or 6G ” . 7 1 Section 6F is amended as follows. 2 In subsection (1), after “section 6A” insert “ , other than those specified in subsection (2) of section 6G, ” . 3 In subsection (10), after “this section” insert “ and section 6G ” . 8 After section 6F insert— Code of practice on attendance of observers at devolved elections in Wales 6G 1 The Commission must prepare a code of practice on the attendance at elections specified in subsection (2) of— a representatives of the Commission, b accredited observers, and c nominated members of accredited organisations. 2 The code must make provision about attendance at— a general elections of Members of the Senedd; b elections under section 10 of the Government of Wales Act 2006 (elections for Senedd constituency vacancies); c local government elections in Wales. 3 The code must in particular— a specify the manner in which applications under sections 6C(1) and 6D(1) are to be made to the Commission; b specify the criteria to be taken into account by the Commission in determining such applications; c give guidance to relevant officers (within the meaning of section 6E) as to the exercise of the power conferred by subsection (1) of that section; d give guidance to such officers as to the exercise of the power mentioned in subsection (2) of that section as it relates to a person having the permission mentioned in subsection (1) of that section; e give guidance to such officers as to the exercise of any power under any enactment to control the number of persons present at any proceedings relating to an election as it relates to a person having such permission; f give guidance to representatives of the Commission, accredited observers and nominated members of accredited organisations on the exercise of the rights conferred by sections 6A, 6B, 6C and 6D. 4 The code may make different provision for different purposes. 5 Before preparing the code, the Commission must consult the Welsh Ministers. 6 The Commission must lay the code before Senedd Cymru. 7 The Commission must publish the code (in such manner as the Commission may determine). 8 The following persons must have regard to the code in exercising any function conferred by section 6A, 6B, 6C, 6D or 6E in relation to an election specified in subsection (2)— a the Commission; b representatives of the Commission; c relevant officers (within the meaning of section 6E). 9 The Commission may at any time revise the code. 10 Subsections (4) to (7) apply in relation to a revision of the code as they apply in relation to the code. 9 1 Section 9A is amended as follows. 2 In subsection (1)(a), after “relevant officers” insert “ mentioned in subsection (2) ” . 3 After subsection (5) insert— 5A In relation to electoral registration officers for areas in Wales, the reference to their functions in subsection (2)(a) is a reference to their functions in relation to registers of parliamentary electors. 4 In subsection (6)— a in paragraph (a), at the end insert “ other than one mentioned in paragraph (d) of that subsection ” ; b omit paragraph (d); c in paragraph (e), omit “or Wales”. 5 In subsection (7), omit paragraph (b). 6 In subsection (8)— a in the words before paragraph (a), after “sections” insert “ 9AA, ” ; b in paragraph (b), after “subsection (6)” insert “ or section 9AA(6) ” ; c in paragraph (c), after “subsection (7)” insert “ or section 9AA(7) ” . 10 After section 9A insert— Performance standards for devolved elections and referendums in Wales 9AA 1 The Commission may from time to time— a determine standards of performance for relevant officers mentioned in subsection (2), and b publish, in such form and in such manner as they consider appropriate, the standards so determined. 2 The standards of performance are such standards as the Commission think ought to be achieved by— a electoral registration officers for areas in Wales in the performance of their functions in relation to registers of local government electors; b returning officers in the administration of the elections specified in subsection (6); c counting officers in the administration of the referendums specified in subsection (7). 3 Before determining standards under subsection (1), the Commission must consult— a the Welsh Ministers, and b any other person they think appropriate. 4 The Commission may determine different standards for different descriptions of relevant officers. 5 When the Commission publish standards under subsection (1) they must send a copy to the Welsh Ministers who must lay a copy before Senedd Cymru. 6 The elections specified in this subsection are— a a general election of Members of the Senedd; b an election under section 10 of the Government of Wales Act 2006 (elections for Senedd constituency vacancies); c a local government election in Wales. 7 The referendums specified in this subsection are referendums under Part 2 of the Local Government Act 2000 or Part 4 of the Local Government (Wales) Measure 2011 (referendums relating to executive arrangements of local authorities in Wales). 11 In section 9B, in subsections (1) and (4), after “9A(1)” insert “ or 9AA(1) ” . 12 In section 9C(2)— a in paragraph (b), after “9A(6)” insert “ or 9AA(6) ” ; b in paragraph (c), after “9A(7)” insert “ or 9AA(7) ” . 13 In section 13(12), after “met under” insert “ paragraph 16A of Schedule 1 to this Act or ” . 14 1 Schedule 1 is amended as follows. 2 In paragraph 14— a in sub-paragraph (1)— i after paragraph (a) insert— aa met out of the Welsh Consolidated Fund under paragraph 16A; ; ii in paragraph (b), omit “or 20(12)”; iii in paragraph (c), for “National Assembly for Wales” substitute “ Senedd ” ; b after sub-paragraph (6) insert— 6A An estimate prepared under this paragraph must not include income or expenditure that is attributable to the exercise of the Commission's functions in relation to devolved Welsh elections and devolved Welsh referendums (as to which, see paragraph 16A). 3 In paragraph 15, after sub-paragraph (5) insert— 6 A plan prepared under this paragraph must not include aims, objectives or estimated requirements for the exercise of the Commission's functions in relation to devolved Welsh elections and devolved Welsh referendums (as to which, see paragraph 16B). 4 In paragraph 20, after sub-paragraph (1) insert— 1A The reference in sub-paragraph (1) to the Commission's functions does not include the Commission's functions in relation to devolved Welsh elections or devolved Welsh referendums. SCHEDULE 3 NEW SCHEDULE 1A TO THE GOVERNMENT OF WALES ACT 2006 (introduced by section 29) This Schedule sets out the new Schedule 1A to the 2006 Act, to be inserted before Schedule 2 to that Act. SCHEDULE 1A DISQUALIFICATION FROM BEING A MEMBER OF THE SENEDD OR A CANDIDATE IN AN ELECTION TO BE A MEMBER OF THE SENEDD SECTION 16 PART 1 CATEGORIES OF PERSONS DISQUALIFIED Persons under 18 years of age 1 A person who has not attained the age of 18 before the day on which the person is nominated as a candidate for election as a Member of the Senedd. Citizenship 2 1 A person who is not— a a British citizen, b a qualifying Commonwealth citizen, c a qualifying foreign citizen, d a citizen of the Republic of Ireland, or e a citizen of the European Union who is resident in the United Kingdom. 2 For the purposes of sub-paragraph (1), a person is a qualifying Commonwealth citizen if that person is a Commonwealth citizen who either— a is not a person who requires leave under the Immigration Act 1971 (c. 77) to enter or remain in the United Kingdom, or b is such a person but for the time being has (or is, by virtue of any enactment, to be treated as having) indefinite leave to remain within the meaning of that Act. 3 For the purposes of sub-paragraph (1), a qualifying foreign citizen is a person resident in the United Kingdom who— a is not a Commonwealth citizen, a citizen of the Republic of Ireland or a citizen of the European Union, and b either— i is not a person who requires leave under the Immigration Act 1971 to enter or remain in the United Kingdom, or ii is such a person but for the time being has (or is, by virtue of any enactment, to be treated as having) indefinite leave to remain within the meaning of that Act. 4 But a person is not a qualifying Commonwealth citizen by virtue of sub-paragraph (2)(a) or a qualifying foreign citizen by virtue of sub-paragraph (3)(b)(i) if that person does not require leave to enter or remain in the United Kingdom by virtue only of section 8 of the Immigration Act 1971 (exceptions to requirement for leave in special cases). Bankruptcy 3 A person in respect of whom one or more of the following orders has effect— a a debt relief restrictions order or interim debt relief restrictions order under Schedule 4ZB to the Insolvency Act 1986 (c. 45) or Schedule 2ZB to the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19)); b a bankruptcy restrictions order or an interim bankruptcy restrictions order under Schedule 4A to the Insolvency Act 1986, Part 13 of the Bankruptcy (Scotland) Act 2016 (asp 21) or Schedule 2A to the Insolvency (Northern Ireland) Order 1989. 4 A person who is disqualified from being a member of the House of Commons under section 427 of the Insolvency Act 1986 because of an award of sequestration made by a court in Scotland. Persons guilty of corrupt or illegal practices at elections 5 A person who is incapable of being elected to the House of Commons having been reported personally guilty or convicted of a corrupt or illegal practice under the Representation of the People Act 1983 (c. 2). Persons imprisoned or detained following conviction etc. 6 1 A person found guilty of one or more offences (whether before or after the passing of this Act and whether in the United Kingdom or elsewhere), and sentenced or ordered to be imprisoned or detained indefinitely or for more than one year. 2 A person is disqualified under this paragraph only while the person is— a detained anywhere in the United Kingdom, the Channel Islands, the Isle of Man, or elsewhere in the European Union, in pursuance of the sentence or order, or b unlawfully at large at a time when the person would otherwise be so detained. Sex offenders 7 A person subject to the notification requirements of, or an order under, Part 2 of the Sexual Offences Act 2003 (c. 42). PART 2 OFFICES THAT DISQUALIFY THE HOLDER TABLE Offices and bodies in respect of which there are disqualifying offices The disqualifying offices Armed forces Members of the Royal Navy, the Royal Marines, the regular army (as defined by section 374 of the Armed Forces Act 2006 (c. 52)) or the Royal Air Force, not including— an officer on the retired or emergency list of any of the regular armed forces of the Crown, a person who holds an emergency commission in any of those forces, a person who belongs to any reserve of officers of any of those forces, a naval, army, marine or air force pensioner, or former soldier who is liable to be recalled for service, or a person who is an Admiral of the Fleet, a Field Marshal or a Marshal of the Royal Air Force and does not for the time being hold an appointment in the naval, military or air force service of the Crown Auditor General for Wales or Archwilydd Cyffredinol Cymru The Auditor General Children's Commissioner for Wales or Comisiynydd Plant Cymru The Commissioner and deputy Commissioner Civil service Members of the civil service of the State, including the civil service of Northern Ireland, the Northern Ireland Court Service, Her Majesty's Diplomatic Service and Her Majesty's Overseas Civil Service Civil Service Commission The First Civil Service Commissioner and Civil Service Commissioners Commission for Equality and Human Rights The Commissioners Commissioner for Older People in Wales or Comisiynydd Pobl Hŷn Cymru The Commissioner and deputy Commissioner Commissioner for Public Appointments The Commissioner Comptroller and Auditor General or Rheolwr ac Archwilydd Cyffredinol The Comptroller and Auditor General Electoral Commission or Comisiwn Etholiadol The Electoral Commissioners and members of the staff of the Commission Electoral Registration Officers Electoral registration officer for any area in Wales Future Generations Commissioner for Wales or Comisiynydd Cenedlaethau'r Dyfodol Cymru The Commissioner Her Majesty‘s Chief Inspector of Education and Training in Wales or Prif Arolygydd Ei Mawrhydi dros Addysg a Hyfforddiant yng Nghymru The Chief Inspector Independent Remuneration Board of the Senedd or Bwrdd Taliadau Annibynnol y Senedd The members of the Board Independent Remuneration Panel for Wales or Panel Annibynnol Cymru ar Gydnabyddiaeth Ariannol The members of the Panel Judicial offices The following judicial offices— Judge of the Supreme Court; Judge of the High Court or Court of Appeal in England and Wales; Judge of the Court of Session or Temporary Judge in Scotland; Judge of the High Court or Court of Appeal in Northern Ireland; Judge of the Court Martial Appeal Court; Chairman of the Scottish Land Court; Circuit Judge in England and Wales; Sheriff principal, sheriff, summary sheriff, temporary sheriff principal, part-time sheriff or part-time summary sheriff in Scotland; County Court Judge or deputy County Court Judge in Northern Ireland; District Judge (Magistrates' Courts) (but not Deputy District Judge (Magistrates' Courts)) in England and Wales; District judge (magistrates' courts) or deputy district judge (magistrates' courts) in Northern Ireland; President of Welsh Tribunals or Llywydd Tribiwnlysoedd Cymru; Judge of the Upper Tribunal; legal member of the Upper Tribunal for Scotland; Chief or other Child Support Commissioner for Northern Ireland or deputy Child Support Commissioner for Northern Ireland; Chief or other Social Security Commissioner for Northern Ireland or deputy Social Security Commissioner for Northern Ireland Legislatures Members of the legislature of any country or territory outside the United Kingdom Lieutenancies Lord-lieutenant or lieutenant of any area in Wales Local Democracy and Boundary Commission for Wales or Comisiwn Ffiniau a Democratiaeth Leol Cymru The members and chief executive of the Commission Parliamentary Commissioner for Administration The Commissioner Police forces Members of any police force maintained by— a local policing body (within the meaning given by section 101 of the Police Act 1996 (c. 16)), the Scottish Police Authority, or the Northern Ireland Policing Board, and “ member ” in relation to a police force means a person holding office as a constable of that force Public Services Ombudsman for Wales or Ombwdsmon Gwasanaethau Cyhoeddus Cymru The Ombudsman Returning officers for Senedd elections The returning officer for any Senedd constituency or Senedd electoral region Senedd Commission Members of the staff of the Senedd Senedd Commissioner for Standards or Comisiynydd Safonau y Senedd The Commissioner Sheriffs The high sheriff of any area in Wales Welsh Language Commissioner or Comisiynydd y Gymraeg The Commissioner, the Deputy Commissioner and the members of the Advisory Panel to the Welsh Language Commissioner S. 36 in force on the day of the first Senedd election at which the poll is held on or after 5.4.2021 see s. 42(5) Words in s. 24(2) inserted (20.3.2021) by Local Government and Elections (Wales) Act 2021 (asc 1) , s. 175(3)(f) , Sch. 2 para. 15(2)(a) (with s. 3 ) S. 24(3) inserted (20.3.2021) by Local Government and Elections (Wales) Act 2021 (asc 1) , s. 175(3)(f) , Sch. 2 para. 15(2)(b) (with s. 3 ) Words in s. 25(3) substituted (20.3.2021) by Local Government and Elections (Wales) Act 2021 (asc 1) , s. 175(3)(f) , Sch. 2 para. 15(3)(a) (with s. 3 ) Words in s. 25(5)(b) inserted (20.3.2021) by Local Government and Elections (Wales) Act 2021 (asc 1) , s. 175(3)(f) , Sch. 2 para. 15(3)(b)(i) (with s. 3 ) Words in s. 25(5)(c) inserted (20.3.2021) by Local Government and Elections (Wales) Act 2021 (asc 1) , s. 175(3)(f) , Sch. 2 para. 15(3)(b)(ii) (with s. 3 ) S. 25(5)(e) substituted (20.3.2021) by Local Government and Elections (Wales) Act 2021 (asc 1) , s. 175(3)(f) , Sch. 2 para. 15(3)(b)(iii) (with s. 3 ) S. 25(5)(f) substituted (20.3.2021) by Local Government and Elections (Wales) Act 2021 (asc 1) , s. 175(3)(f) , Sch. 2 para. 15(3)(b)(iv) (with s. 3 ) Words in s. 26(1) inserted (20.3.2021) by Local Government and Elections (Wales) Act 2021 (asc 1) , s. 175(3)(f) , Sch. 2 para. 15(4)(a) (with s. 3 ) S. 26(5) inserted (20.3.2021) by Local Government and Elections (Wales) Act 2021 (asc 1) , s. 175(3)(f) , Sch. 2 para. 15(4)(b) (with s. 3 ) Words in Sch. 1 para. 2(8)(c) omitted (24.8.2024) by virtue of Senedd Cymru (Members and Elections) Act 2024 (asc 4) , ss. 10(15)(a) , 25(2)(b) (with s. 24(1) ) Words in Sch. 1 para. 2(8)(c) omitted (24.8.2024) by virtue of Senedd Cymru (Members and Elections) Act 2024 (asc 4) , ss. 10(15)(b) , 25(2)(b) (with s. 24(1) ) Words in Sch. 1 para. 2(8)(c) omitted (24.8.2024) by virtue of Senedd Cymru (Members and Elections) Act 2024 (asc 4) , ss. 10(15)(c) , 25(2)(b) (with s. 24(1) ) Words in s. 24(2) substituted (18.7.2025) by The Senedd Cymru (Representation of the People) Order 2025 (S.I. 2025/864) , art. 1(2) , Sch. 11 para. 1(2)(a) (with art. 1(4) ) Words in s. 24(2) substituted (18.7.2025) by The Senedd Cymru (Representation of the People) Order 2025 (S.I. 2025/864) , art. 1(2) , Sch. 11 para. 1(2)(b) (with art. 1(4) ) S. 27 omitted (18.7.2025) by virtue of The Senedd Cymru (Representation of the People) Order 2025 (S.I. 2025/864) , art. 1(2) , Sch. 11 para. 1(3) (with art. 1(4) ) Words in s. 41 inserted (18.7.2025) by The Senedd Cymru (Representation of the People) Order 2025 (S.I. 2025/864) , art. 1(2) , Sch. 11 para. 1(4)(b) (with art. 1(4) ) Words in s. 41 omitted (18.7.2025) by virtue of The Senedd Cymru (Representation of the People) Order 2025 (S.I. 2025/864) , art. 1(2) , Sch. 11 para. 1(4)(a) (with art. 1(4) )
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[uk-legislation-anaw][anaw] 2025-09-19
http://www.legislation.gov.uk/anaw/2014/4/2025-09-10
http://www.legislation.gov.uk/anaw/2014/4/2025-09-10 Social Services and Well-being (Wales) Act 2014 An Act of the National Assembly for Wales to reform social services law; to make provision about improving the well-being outcomes for people who need care and support and carers who need support; to make provision about co-operation and partnership by public authorities with a view to improving the well-being of people; to make provision about complaints relating to social care and palliative care; and for connected purposes. text text/xml en Statute Law Database 2025-09-14 Expert Participation 2025-09-10 Social Services and Well-being (Wales) Act 2014 Deddf Gwasanaethau Cymdeithasol a Llesiant (Cymru) 2014 s. 50 Care Act 2014 Sch. 1 para. 9(2)(a) Sch. 1 paras. 8 14 s. 127(1) Social Services and Well-being (Wales) Act 2014 Deddf Gwasanaethau Cymdeithasol a Llesiant (Cymru) 2014 s. 52 Care Act 2014 Sch. 1 para. 9(2)(a) Sch. 1 paras. 8 14 s. 127(1) Social Services and Well-being (Wales) Act 2014 Deddf Gwasanaethau Cymdeithasol a Llesiant (Cymru) 2014 s. 53(11) Care Act 2014 s. 75(8) s. 127(1) art. 2(d) Social Services and Well-being (Wales) Act 2014 Deddf Gwasanaethau Cymdeithasol a Llesiant (Cymru) 2014 s. 163(4A) Care Act 2014 s. 75(10) s. 127(1) art. 2(d) Social Services and Well-being (Wales) Act 2014 Deddf Gwasanaethau Cymdeithasol a Llesiant (Cymru) 2014 Sch. A1 Care Act 2014 Sch. 4 Pt. 2 s. 127(1) art. 2(d) Social Services and Well-being (Wales) Act 2014 Deddf Gwasanaethau Cymdeithasol a Llesiant (Cymru) 2014 s. 21(3)(b) Regulation and Inspection of Social Care (Wales) Act 2016 Deddf Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymru) 2016 Sch. 3 para. 61 s. 188(1) art. 3 Social Services and Well-being (Wales) Act 2014 Deddf Gwasanaethau Cymdeithasol a Llesiant (Cymru) 2014 s. 46(2) Immigration Act 2016 Sch. 11 para. 45 s. 94(1) Social Services and Well-being (Wales) Act 2014 Deddf Gwasanaethau Cymdeithasol a Llesiant (Cymru) 2014 s. 46(3) Regulation and Inspection of Social Care (Wales) Act 2016 Deddf Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymru) 2016 Sch. 3 para. 63 s. 188(1) art. 3 Social Services and Well-being (Wales) Act 2014 Deddf Gwasanaethau Cymdeithasol a Llesiant (Cymru) 2014 s. 53(11) The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 Rheoliadau Deddf Gwasanaethau Cymdeithasol a Llesiant (Cymru) 2014 (Diwygiadau Canlyniadol) 2016 reg. 297(a) reg. 2(1) Social Services and Well-being (Wales) Act 2014 Deddf Gwasanaethau Cymdeithasol a Llesiant (Cymru) 2014 s. 147(3) Regulation and Inspection of Social Care (Wales) Act 2016 Deddf Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymru) 2016 Sch. 3 para. 64 s. 188(1) art. 3 Social Services and Well-being (Wales) Act 2014 Deddf Gwasanaethau Cymdeithasol a Llesiant (Cymru) 2014 Sch. A1 The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 Rheoliadau Deddf Gwasanaethau Cymdeithasol a Llesiant (Cymru) 2014 (Diwygiadau Canlyniadol) 2016 reg. 322 reg. 2(6) Social Services and Well-being (Wales) Act 2014 Deddf Gwasanaethau Cymdeithasol a Llesiant (Cymru) 2014 s. 32(1) The Coronavirus Act 2020 (Early Expiry: Local Authority Care and Support) (Wales) Regulations 2021 Rheoliadau Deddf y Coronafeirws 2020 (Dod i Ben yn Gynnar: Gofal a Chymorth gan Awdurdodau Lleol) (Cymru) 2021 reg. 2(a) reg. 1(2) Social Services and Well-being (Wales) Act 2014 Deddf Gwasanaethau Cymdeithasol a Llesiant (Cymru) 2014 s. 32(1)(b) The Coronavirus Act 2020 (Early Expiry: Local Authority Care and Support) (Wales) Regulations 2021 Rheoliadau Deddf y Coronafeirws 2020 (Dod i Ben yn Gynnar: Gofal a Chymorth gan Awdurdodau Lleol) (Cymru) 2021 reg. 2(a) reg. 1(2) Social Services and Well-being (Wales) Act 2014 Deddf Gwasanaethau Cymdeithasol a Llesiant (Cymru) 2014 s. 40(3) The Coronavirus Act 2020 (Early Expiry: Local Authority Care and Support) (Wales) Regulations 2021 Rheoliadau Deddf y Coronafeirws 2020 (Dod i Ben yn Gynnar: Gofal a Chymorth gan Awdurdodau Lleol) (Cymru) 2021 reg. 2(a) reg. 1(2) Social Services and Well-being (Wales) Act 2014 Deddf Gwasanaethau Cymdeithasol a Llesiant (Cymru) 2014 Sch. 2 Table 1 Health and Care Act 2022 s. 91(4)(c)(ii) s. 186(6) reg. 2(a) Sch. reg. 13 29 30 Social Services and Well-being (Wales) Act 2014 Deddf Gwasanaethau Cymdeithasol a Llesiant (Cymru) 2014 s. 47(10) Health and Care Act 2022 Sch. 1 para. 25(b)(i) s. 186(6) reg. 2(a) Sch. reg. 13 29 30 Social Services and Well-being (Wales) Act 2014 Deddf Gwasanaethau Cymdeithasol a Llesiant (Cymru) 2014 s. 47(10) Health and Care Act 2022 Sch. 1 para. 25(b)(ii) s. 186(6) reg. 2(a) Sch. reg. 13 29 30 Social Services and Well-being (Wales) Act 2014 Deddf Gwasanaethau Cymdeithasol a Llesiant (Cymru) 2014 s. 77(4)(b)(ii) Health and Care Act 2022 Sch. 1 para. 26(b) s. 186(6) reg. 2(a) Sch. reg. 13 29 30 Social Services and Well-being (Wales) Act 2014 Deddf Gwasanaethau Cymdeithasol a Llesiant (Cymru) 2014 s. 104(3)(d)(ii) Health and Care Act 2022 Sch. 1 para. 27(b) s. 186(6) reg. 2(a) Sch. reg. 13 29 30 Social Services and Well-being (Wales) Act 2014 Deddf Gwasanaethau Cymdeithasol a Llesiant (Cymru) 2014 s. 118(2)(c) Health and Care Act 2022 Sch. 1 para. 28(b) s. 186(6) reg. 2(a) Sch. reg. 13 29 30 Social Services and Well-being (Wales) Act 2014 Deddf Gwasanaethau Cymdeithasol a Llesiant (Cymru) 2014 s. 164A(4) Health and Care Act 2022 Sch. 1 para. 29(b) s. 186(6) reg. 2(a) Sch. reg. 13 29 30 Social Services and Well-being (Wales) Act 2014 Deddf Gwasanaethau Cymdeithasol a Llesiant (Cymru) 2014 s. 193(4)(c) Health and Care Act 2022 Sch. 1 para. 30(b) s. 186(6) reg. 2(a) Sch. reg. 13 29 30 Social Services and Well-being (Wales) Act 2014 Deddf Gwasanaethau Cymdeithasol a Llesiant (Cymru) 2014 s. 197(1) Health and Care Act 2022 Sch. 1 para. 31(b) s. 186(6) reg. 2(a) Sch. reg. 13 29 30 Social Services and Well-being (Wales) Act 2014 Deddf Gwasanaethau Cymdeithasol a Llesiant (Cymru) 2014 s. 47(10) Health and Care Act 2022 Sch. 4 para. 219(b)(i) s. 186(6) reg. 2(a) Sch. reg. 13 29 30 Social Services and Well-being (Wales) Act 2014 Deddf Gwasanaethau Cymdeithasol a Llesiant (Cymru) 2014 s. 47(10) Health and Care Act 2022 Sch. 4 para. 219(b)(ii) s. 186(6) reg. 2(a) Sch. reg. 13 29 30 Social Services and Well-being (Wales) Act 2014 Deddf Gwasanaethau Cymdeithasol a Llesiant (Cymru) 2014 s. 77(4)(b)(ii) Health and Care Act 2022 Sch. 4 para. 220(b) s. 186(6) reg. 2(a) Sch. reg. 13 29 30 Social Services and Well-being (Wales) Act 2014 Deddf Gwasanaethau Cymdeithasol a Llesiant (Cymru) 2014 s. 104(3)(d)(ii) Health and Care Act 2022 Sch. 4 para. 221(b) s. 186(6) reg. 2(a) Sch. reg. 13 29 30 Social Services and Well-being (Wales) Act 2014 Deddf Gwasanaethau Cymdeithasol a Llesiant (Cymru) 2014 s. 118(2)(c) Health and Care Act 2022 Sch. 4 para. 222(b) s. 186(6) reg. 2(a) Sch. reg. 13 29 30 Social Services and Well-being (Wales) Act 2014 Deddf Gwasanaethau Cymdeithasol a Llesiant (Cymru) 2014 s. 164A(4)(d) Health and Care Act 2022 Sch. 4 para. 223(b) s. 186(6) reg. 2(a) Sch. reg. 13 29 30 Social Services and Well-being (Wales) Act 2014 Deddf Gwasanaethau Cymdeithasol a Llesiant (Cymru) 2014 s. 193(4)(c) Health and Care Act 2022 Sch. 4 para. 224(b) s. 186(6) reg. 2(a) Sch. reg. 13 29 30 Social Services and Well-being (Wales) Act 2014 Deddf Gwasanaethau Cymdeithasol a Llesiant (Cymru) 2014 s. 197(1) Health and Care Act 2022 Sch. 4 para. 225(b)(i) s. 186(6) reg. 2(a) Sch. reg. 13 29 30 Social Services and Well-being (Wales) Act 2014 Deddf Gwasanaethau Cymdeithasol a Llesiant (Cymru) 2014 s. 197(1) Health and Care Act 2022 Sch. 4 para. 225(b)(ii) s. 186(6) reg. 2(a) Sch. reg. 13 29 30 Social Services and Well-being (Wales) Act 2014 Deddf Gwasanaethau Cymdeithasol a Llesiant (Cymru) 2014 s. 162(4)(g) Tertiary Education and Research (Wales) Act 2022 Deddf Addysg Drydyddol ac Ymchwil (Cymru) 2022 Sch. 4 para. 30(2)(a) s. 19 s. 148(2) Social Services and Well-being (Wales) Act 2014 Deddf Gwasanaethau Cymdeithasol a Llesiant (Cymru) 2014 s. 162(4)(ga) Tertiary Education and Research (Wales) Act 2022 Deddf Addysg Drydyddol ac Ymchwil (Cymru) 2022 Sch. 4 para. 30(2)(b) s. 19 s. 148(2) Social Services and Well-being (Wales) Act 2014 Deddf Gwasanaethau Cymdeithasol a Llesiant (Cymru) 2014 s. 32(1) Coronavirus Act 2020 Sch. 12 para. 22(4)(a) s. 88 - 90 Sch. 12 para. 23 24 34 s. 87(2) reg. 3 Social Services and Well-being (Wales) Act 2014 Deddf Gwasanaethau Cymdeithasol a Llesiant (Cymru) 2014 s. 32(1)(b) Coronavirus Act 2020 Sch. 12 para. 22(4)(b) s. 88 - 90 Sch. 12 para. 23 24 34 s. 87(2) reg. 3 Social Services and Well-being (Wales) Act 2014 Deddf Gwasanaethau Cymdeithasol a Llesiant (Cymru) 2014 s. 40(3) Coronavirus Act 2020 Sch. 12 para. 27(b) s. 88 - 90 Sch. 12 para. 30 34 s. 87(2) reg. 3 Social Services and Well-being (Wales) Act 2014 Deddf Gwasanaethau Cymdeithasol a Llesiant (Cymru) 2014 s. 77(2)(c)(i) Sentencing Act 2020 Sch. 24 para. 303(3)(a) Sch. 27 s. 416(1) reg. 2 Social Services and Well-being (Wales) Act 2014 Deddf Gwasanaethau Cymdeithasol a Llesiant (Cymru) 2014 s. 77(2)(c)(ii) Sentencing Act 2020 Sch. 24 para. 303(3)(b) Sch. 27 s. 416(1) reg. 2 Social Services and Well-being (Wales) Act 2014 Deddf Gwasanaethau Cymdeithasol a Llesiant (Cymru) 2014 s. 77(3) Sentencing Act 2020 Sch. 24 para. 303(5) Sch. 27 s. 416(1) reg. 2 Social Services and Well-being (Wales) Act 2014 Deddf Gwasanaethau Cymdeithasol a Llesiant (Cymru) 2014 s. 188(1) Sentencing Act 2020 Sch. 24 para. 304(2) Sch. 27 s. 416(1) reg. 2 Social Services and Well-being (Wales) Act 2014 Deddf Gwasanaethau Cymdeithasol a Llesiant (Cymru) 2014 s. 194(6)(c) Sentencing Act 2020 Sch. 24 para. 305(2) Sch. 27 s. 416(1) reg. 2 Social Services and Well-being (Wales) Act 2014 Deddf Gwasanaethau Cymdeithasol a Llesiant (Cymru) 2014 Sch. 1 para. 1(8)(c) Sentencing Act 2020 Sch. 24 para. 306(2) Sch. 27 s. 416(1) reg. 2 Social Services and Well-being (Wales) Act 2014 Deddf Gwasanaethau Cymdeithasol a Llesiant (Cymru) 2014 s. 75(1) Health and Social Care (Wales) Act 2025 Deddf Iechyd a Gofal Cymdeithasol (Cymru) 2025 s. 10(3)(a) s. 29(2) art. 2(2)(a) Social Services and Well-being (Wales) Act 2014 Deddf Gwasanaethau Cymdeithasol a Llesiant (Cymru) 2014 s. 75(1)(a) Health and Social Care (Wales) Act 2025 Deddf Iechyd a Gofal Cymdeithasol (Cymru) 2025 s. 10(3)(b)(i) s. 29(2) art. 2(2)(a) Social Services and Well-being (Wales) Act 2014 Deddf Gwasanaethau Cymdeithasol a Llesiant (Cymru) 2014 s. 75(1)(a) Health and Social Care (Wales) Act 2025 Deddf Iechyd a Gofal Cymdeithasol (Cymru) 2025 s. 10(3)(b)(ii) s. 29(2) art. 2(2)(a) Social Services and Well-being (Wales) Act 2014 Deddf Gwasanaethau Cymdeithasol a Llesiant (Cymru) 2014 s. 75(1)(aa) (ab) Health and Social Care (Wales) Act 2025 Deddf Iechyd a Gofal Cymdeithasol (Cymru) 2025 s. 10(3)(c) s. 29(2) art. 2(2)(a) Social Services and Well-being (Wales) Act 2014 Deddf Gwasanaethau Cymdeithasol a Llesiant (Cymru) 2014 s. 75(2)(c) Health and Social Care (Wales) Act 2025 Deddf Iechyd a Gofal Cymdeithasol (Cymru) 2025 s. 10(4) s. 29(2) art. 2(2)(a) Social Services and Well-being (Wales) Act 2014 Deddf Gwasanaethau Cymdeithasol a Llesiant (Cymru) 2014 s. 75(3) Health and Social Care (Wales) Act 2025 Deddf Iechyd a Gofal Cymdeithasol (Cymru) 2025 s. 10(5) s. 29(2) art. 2(2)(a) Social Services and Well-being (Wales) Act 2014 Deddf Gwasanaethau Cymdeithasol a Llesiant (Cymru) 2014 s. 75(4) Health and Social Care (Wales) Act 2025 Deddf Iechyd a Gofal Cymdeithasol (Cymru) 2025 s. 10(6) s. 29(2) art. 2(2)(a) Social Services and Well-being (Wales) Act 2014 Deddf Gwasanaethau Cymdeithasol a Llesiant (Cymru) 2014 s. 197(1) Health and Social Care (Wales) Act 2025 Deddf Iechyd a Gofal Cymdeithasol (Cymru) 2025 s. 10(7) s. 29(2) art. 2(2)(a) Social Services and Well-being (Wales) Act 2014 Deddf Gwasanaethau Cymdeithasol a Llesiant (Cymru) 2014 s. 75A - 75C Health and Social Care (Wales) Act 2025 Deddf Iechyd a Gofal Cymdeithasol (Cymru) 2025 s. 11 s. 29(2) art. 2(1)(e) art. 2(3) Social Services and Well-being (Wales) Act 2014 Deddf Gwasanaethau Cymdeithasol a Llesiant (Cymru) 2014 s. 75D Health and Social Care (Wales) Act 2025 Deddf Iechyd a Gofal Cymdeithasol (Cymru) 2025 s. 12 s. 29(2) art. 2(2)(b) Social Services and Well-being (Wales) Act 2014 Deddf Gwasanaethau Cymdeithasol a Llesiant (Cymru) 2014 s. 81(2) Health and Social Care (Wales) Act 2025 Deddf Iechyd a Gofal Cymdeithasol (Cymru) 2025 s. 13(2)(a) s. 29(2) Social Services and Well-being (Wales) Act 2014 Deddf Gwasanaethau Cymdeithasol a Llesiant (Cymru) 2014 s. 81(5) Health and Social Care (Wales) Act 2025 Deddf Iechyd a Gofal Cymdeithasol (Cymru) 2025 s. 13(2)(b) s. 29(2) Social Services and Well-being (Wales) Act 2014 Deddf Gwasanaethau Cymdeithasol a Llesiant (Cymru) 2014 s. 81(6) - (13) Health and Social Care (Wales) Act 2025 Deddf Iechyd a Gofal Cymdeithasol (Cymru) 2025 s. 13(2)(c) s. 29(2) Social Services and Well-being (Wales) Act 2014 Deddf Gwasanaethau Cymdeithasol a Llesiant (Cymru) 2014 s. 81A - 81D Health and Social Care (Wales) Act 2025 Deddf Iechyd a Gofal Cymdeithasol (Cymru) 2025 s. 13(3) s. 29(2) Social Services and Well-being (Wales) Act 2014 Deddf Gwasanaethau Cymdeithasol a Llesiant (Cymru) 2014 s. 49A Health and Social Care (Wales) Act 2025 Deddf Iechyd a Gofal Cymdeithasol (Cymru) 2025 s. 20(2)(a) s. 29(2) art. 3(1)(d)(ii) Social Services and Well-being (Wales) Act 2014 Deddf Gwasanaethau Cymdeithasol a Llesiant (Cymru) 2014 s. 50 - 52 Health and Social Care (Wales) Act 2025 Deddf Iechyd a Gofal Cymdeithasol (Cymru) 2025 s. 20(2)(b) s. 29(2) art. 3(2)(e) Social Services and Well-being (Wales) Act 2014 Deddf Gwasanaethau Cymdeithasol a Llesiant (Cymru) 2014 s. 53A Health and Social Care (Wales) Act 2025 Deddf Iechyd a Gofal Cymdeithasol (Cymru) 2025 s. 20(2)(c) s. 29(2) art. 3(1)(d)(iii) art. 3(2)(e) Social Services and Well-being (Wales) Act 2014 Deddf Gwasanaethau Cymdeithasol a Llesiant (Cymru) 2014 Sch. A1 Health and Social Care (Wales) Act 2025 Deddf Iechyd a Gofal Cymdeithasol (Cymru) 2025 s. 20(2)(d) s. 29(2) art. 3(1)(d)(iii) art. 3(2)(e) Social Services and Well-being (Wales) Act 2014 Deddf Gwasanaethau Cymdeithasol a Llesiant (Cymru) 2014 s. 82(1) Health and Social Care (Wales) Act 2025 Deddf Iechyd a Gofal Cymdeithasol (Cymru) 2025 Sch. 1 para. 1(2)(a) s. 29(2) Social Services and Well-being (Wales) Act 2014 Deddf Gwasanaethau Cymdeithasol a Llesiant (Cymru) 2014 s. 82(2) Health and Social Care (Wales) Act 2025 Deddf Iechyd a Gofal Cymdeithasol (Cymru) 2025 Sch. 1 para. 1(2)(b) s. 29(2) Social Services and Well-being (Wales) Act 2014 Deddf Gwasanaethau Cymdeithasol a Llesiant (Cymru) 2014 s. 89 heading Health and Social Care (Wales) Act 2025 Deddf Iechyd a Gofal Cymdeithasol (Cymru) 2025 Sch. 1 para. 1(3)(a) s. 29(2) Social Services and Well-being (Wales) Act 2014 Deddf Gwasanaethau Cymdeithasol a Llesiant (Cymru) 2014 s. 89(1) Health and Social Care (Wales) Act 2025 Deddf Iechyd a Gofal Cymdeithasol (Cymru) 2025 Sch. 1 para. 1(3)(b) s. 29(2) Social Services and Well-being (Wales) Act 2014 Deddf Gwasanaethau Cymdeithasol a Llesiant (Cymru) 2014 s. 92(2) Health and Social Care (Wales) Act 2025 Deddf Iechyd a Gofal Cymdeithasol (Cymru) 2025 Sch. 1 para. 1(4) s. 29(2) Social Services and Well-being (Wales) Act 2014 Deddf Gwasanaethau Cymdeithasol a Llesiant (Cymru) 2014 s. 94A(1)(a) Health and Social Care (Wales) Act 2025 Deddf Iechyd a Gofal Cymdeithasol (Cymru) 2025 Sch. 1 para. 1(5) s. 29(2) Social Services and Well-being (Wales) Act 2014 Deddf Gwasanaethau Cymdeithasol a Llesiant (Cymru) 2014 s. 174(3)(e) Health and Social Care (Wales) Act 2025 Deddf Iechyd a Gofal Cymdeithasol (Cymru) 2025 Sch. 1 para. 1(6) s. 29(2) Social Services and Well-being (Wales) Act 2014 Deddf Gwasanaethau Cymdeithasol a Llesiant (Cymru) 2014 s. 186(4)(c) Health and Social Care (Wales) Act 2025 Deddf Iechyd a Gofal Cymdeithasol (Cymru) 2025 Sch. 1 para. 1(7) s. 29(2) Social Services and Well-being (Wales) Act 2014 Deddf Gwasanaethau Cymdeithasol a Llesiant (Cymru) 2014 s. 197(1) Health and Social Care (Wales) Act 2025 Deddf Iechyd a Gofal Cymdeithasol (Cymru) 2025 Sch. 1 para. 1(8) s. 29(2) Social Services and Well-being (Wales) Act 2014 Deddf Gwasanaethau Cymdeithasol a Llesiant (Cymru) 2014 s. 49(1)(a) Health and Social Care (Wales) Act 2025 Deddf Iechyd a Gofal Cymdeithasol (Cymru) 2025 Sch. 1 para. 5(2) s. 29(2) art. 3(2)(f) Social Services and Well-being (Wales) Act 2014 Deddf Gwasanaethau Cymdeithasol a Llesiant (Cymru) 2014 s. 53 Health and Social Care (Wales) Act 2025 Deddf Iechyd a Gofal Cymdeithasol (Cymru) 2025 Sch. 1 para. 5(3)(a) s. 29(2) art. 3(2)(f) Social Services and Well-being (Wales) Act 2014 Deddf Gwasanaethau Cymdeithasol a Llesiant (Cymru) 2014 s. 53(1)(k) Health and Social Care (Wales) Act 2025 Deddf Iechyd a Gofal Cymdeithasol (Cymru) 2025 Sch. 1 para. 5(3)(b) s. 29(2) art. 3(2)(f) Social Services and Well-being (Wales) Act 2014 Deddf Gwasanaethau Cymdeithasol a Llesiant (Cymru) 2014 s. 53(7) Health and Social Care (Wales) Act 2025 Deddf Iechyd a Gofal Cymdeithasol (Cymru) 2025 Sch. 1 para. 5(3)(c) s. 29(2) art. 3(2)(f) Social Services and Well-being (Wales) Act 2014 Deddf Gwasanaethau Cymdeithasol a Llesiant (Cymru) 2014 s. 53(11) Health and Social Care (Wales) Act 2025 Deddf Iechyd a Gofal Cymdeithasol (Cymru) 2025 Sch. 1 para. 5(3)(d) s. 29(2) art. 3(1)(e) Social Services and Well-being (Wales) Act 2014 Deddf Gwasanaethau Cymdeithasol a Llesiant (Cymru) 2014 s. 124(9) Health and Social Care (Wales) Act 2025 Deddf Iechyd a Gofal Cymdeithasol (Cymru) 2025 Sch. 1 para. 5(4) s. 29(1)(a)(ii) Social Services and Well-being (Wales) Act 2014 Deddf Gwasanaethau Cymdeithasol a Llesiant (Cymru) 2014 s. 187(2) Health and Social Care (Wales) Act 2025 Deddf Iechyd a Gofal Cymdeithasol (Cymru) 2025 Sch. 1 para. 5(5) s. 29(2) art. 3(2)(f) Social Services and Well-being (Wales) Act 2014 Deddf Gwasanaethau Cymdeithasol a Llesiant (Cymru) 2014 s. 189(5)(a)(ii) Health and Social Care (Wales) Act 2025 Deddf Iechyd a Gofal Cymdeithasol (Cymru) 2025 Sch. 1 para. 5(6)(a) s. 29(2) art. 3(2)(f) Social Services and Well-being (Wales) Act 2014 Deddf Gwasanaethau Cymdeithasol a Llesiant (Cymru) 2014 s. 189(7)(b) Health and Social Care (Wales) Act 2025 Deddf Iechyd a Gofal Cymdeithasol (Cymru) 2025 Sch. 1 para. 5(6)(b) s. 29(2) art. 3(2)(f) Social Services and Well-being (Wales) Act 2014 Deddf Gwasanaethau Cymdeithasol a Llesiant (Cymru) 2014 s. 18(10)(b) Data Protection Act 2018 Sch. 19 para. 188(b) s. 117 209 210 s. 212(1) reg. 2(1)(g) Social Services and Well-being (Wales) Act 2014 2014 anaw 4 An Act of the National Assembly for Wales to reform social services law; to make provision about improving the well-being outcomes for people who need care and support and carers who need support; to make provision about co-operation and partnership by public authorities with a view to improving the well-being of people; to make provision about complaints relating to social care and palliative care; and for connected purposes. [1 May 2014] Having been passed by the National Assembly for Wales and having received the assent of Her Majesty, it is enacted as follows: PART 1 INTRODUCTION Overview Overview of this Act 1 1 This Act has 11 Parts. 2 This Part provides an overview of the whole Act and defines some key terms. 3 Part 2 (general duties)— a requires persons exercising functions under this Act to seek to promote the well-being of people who need care and support and carers who need support (section 5); b imposes overarching duties on persons exercising functions under this Act in relation to persons who need or may need care and support, carers who need or may need support, or persons in respect of whom functions are exercisable under Part 6, so as to give effect to certain key principles (section 6); c requires the Welsh Ministers to issue a statement specifying the well-being outcomes that are to be achieved for people who need care and support and carers who need support and to issue a code to help achieve those outcomes (sections 8 to 13); d requires local authorities to assess the needs in their areas for care and support, support for carers and preventative services (section 14); e requires local authorities to provide or arrange for the provision of preventative services (section 15); f requires the promotion by local authorities of social enterprises, co-operatives, user led services and the third sector in the provision in their areas of care and support and support for carers (section 16); g requires the provision by local authorities of a service providing information and advice relating to care and support and support for carers and assistance in accessing it (section 17); h requires local authorities to establish and maintain registers of sight-impaired, hearing-impaired and other disabled people (section 18). 4 Part 3 (assessing the needs of individuals) provides for— a the circumstances in which a local authority must assess a person's needs for care and support or a carer's needs for support; b how assessments are to be carried out. 5 Part 4 (meeting needs) provides for— a the circumstances in which needs for care and support or support for carers may or must be met by local authorities; b how needs are to be met. 6 Part 5 (charging and financial assessment) provides for— a the circumstances in which local authorities may charge for providing or arranging care and support or support for carers; b the circumstances in which local authorities may charge for preventative services and the provision of assistance; c how such charges are to be set, paid and enforced. 7 Part 6 (looked after and accommodated children)— a provides for the interpretation of references to a child or young person looked after by a local authority (section 74); b requires local authorities— i to secure sufficient accommodation in their areas for the children they look after (section 75), and ii to accommodate children without parents or who are lost or abandoned or are under police protection, detention or on remand (sections 76 and 77); c provides for the functions of local authorities in relation to the children they look after (sections 75 to 103, 124 and 125); d provides for the circumstances in which local authorities may or must provide support for young people— i leaving, or who have left, local authority care; ii formerly accommodated in certain establishments; iii formerly fostered; iv with respect to whom special guardianship orders are or were in force; (sections 104 to 118); e provides for limits on the use of secure accommodation for children looked after by local authorities or local authorities in England or children of a description specified in regulations (section 119); f requires the assessment by local authorities of children who are accommodated by health authorities or education authorities or in care homes or independent hospitals and the provision of visits and services to those children (sections 120 to 123); g introduces Schedule 1 which makes provision about contributions towards the maintenance of children looked after by local authorities. 8 Part 7 (safeguarding)— a requires local authorities to investigate where they suspect that an adult with care and support needs is at risk of abuse or neglect (section 126); b provides for adult protection and support orders to authorise entry to premises (if necessary by force) for the purpose of enabling an authorised officer of a local authority to assess whether an adult is at risk of abuse or neglect and, if so, what to do about it (section 127); c requires local authorities and their relevant partners to report to the appropriate authority where they suspect that people may be at risk of abuse or neglect (sections 128 and 130); d disapplies section 47 of the National Assistance Act 1948 (which enables local authorities to apply for a court order to remove people in need of care and attention from their homes to hospitals or other places) (section 129); e establishes a National Independent Safeguarding Board to provide support and advice in order to ensure the effectiveness of Safeguarding Boards (sections 132 and 133); f provides for Safeguarding Boards for adults and children and for the combination of such boards (sections 134 to 141). 9 Part 8 (social services functions)— a introduces Schedule 2, which specifies the social services functions of local authorities (section 143); b requires the appointment of directors of social services by local authorities and makes related provision (section 144); ba requires local authorities to produce— i annual reports about the exercise of social services functions, and ii reports about the stability of local markets for providing care and support, (sections 144A and 144B); c provides for codes about the exercise of social services functions to be made by the Welsh Ministers (sections 145 to 149); ca provides powers for the Welsh Ministers to conduct reviews relating to the exercise of social services functions of local authorities (sections 149A and 149B); d provides for intervention by the Welsh Ministers in the exercise of social services functions where a local authority is failing to exercise them properly (sections 150 to 160); da allows for the inspection of premises in connection with reviews of local authority social services functions conducted by the Welsh Ministers or the exercise of the Welsh Ministers' powers of intervention in relation to those functions, and for the Welsh Ministers to request information in connection with such reviews and makes related provision (sections 161 to 161C). 10 Part 9 (co-operation and partnership)— a requires local authorities to make arrangements to promote co-operation with their relevant partners and others in relation to adults with needs for care and support, carers and children (sections 162 and 163); b imposes a duty on the relevant partners to co-operate with, and provide information to, the local authorities for the purpose of their social services functions (section 164); c makes provision about promoting the integration of care and support with health services (section 165); d provides for partnership arrangements between local authorities and Local Health Boards for the discharge of their functions (sections 166 to 169); e empowers the Welsh Ministers to direct local authorities to enter into joint arrangements for the provision of an adoption service (section 170). 11 Part 10 (complaints, representations and advocacy services) has three chapters. 12 Chapter 1 provides for complaints and representations about social services provided or arranged by local authorities. 13 Chapter 2 provides for complaints to the Public Services Ombudsman for Wales about private social care and palliative care. 14 Chapter 3 provides for advocacy services to be made available to people with needs for care and support for purposes relating to their care and support. 15 Part 11 (miscellaneous and general)— a empowers the Welsh Ministers, local authorities and Local Health Boards to conduct research, and empowers the Welsh Ministers to require information, about matters connected with functions under the Act and other related matters (section 184); b makes provision about how this Act applies to persons in prison, youth detention accommodation or bail accommodation etc (sections 185 to 188); c makes provision about the steps to be taken by a local authority where a service provider (within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016) becomes unable to meet needs in the authority's area because of business failure (sections 189 to 191); d disapplies section 49 of the National Assistance Act 1948 (which allows a local authority to meet expenses incurred by any of its officers appointed by the Court of Protection as a deputy) (section 192); e makes provision for the recovery of costs between local authorities in certain circumstances (section 193); f provides for the resolution of questions about the ordinary residence of a person for the purposes of this Act (section 194); g contains the definitions that apply for the purposes of this Act generally and an index of defined expressions (section 197); h contains other provisions which apply generally for the purposes of this Act. 16 There are also provisions about social services in the Acts and Measures listed in Schedule 2. Key terms Meaning of “well-being” 2 1 This section applies for the purpose of this Act. 2 “ Well-being ”, in relation to a person, means well-being in relation to any of the following— a physical and mental health and emotional well-being; b protection from abuse and neglect; c education, training and recreation; d domestic, family and personal relationships; e contribution made to society; f securing rights and entitlements; g social and economic well-being; h suitability of living accommodation. 3 In relation to a child, “well-being” also includes— a physical, intellectual, emotional, social and behavioural development; b “welfare” as that word is interpreted for the purposes of the Children Act 1989. 4 In relation to an adult, “well-being” also includes— a control over day to day life; b participation in work. Meaning of “adult”, “child”, “carer”and “disabled” 3 1 This section applies for the purposes of this Act. 2 “ Adult ” means a person who is aged 18 or over. 3 “ Child ” (except in section 83(2C)) means a person who is aged under 18. 4 “ Carer ” means a person who provides or intends to provide care for an adult or disabled child; but see subsections (7) and (8) and section 187(1). 5 A person is “disabled” if the person has a disability for the purposes of the Equality Act 2010, subject to provision made under subsection (6). 6 Regulations may provide that a person falling within a specified category is or is not to be treated as disabled for the purposes of this Act. 7 A person is not a carer for the purposes of this Act if the person provides or intends to provide care— a under or by virtue of a contract, or b as voluntary work. 8 But a local authority may treat a person as a carer for the purposes of any of its functions under this Act if the authority considers that the relationship between the person providing or intending to provide care and the person for whom that care is, or is to be, provided is such that it would be appropriate for the former to be treated as a carer for the purposes of that function or those functions. Meaning of “care and support” 4 Any reference to care and support in this Act is to be construed as a reference to— a care; b support; c both care and support. PART 2 GENERAL FUNCTIONS Overarching duties Well-being duty 5 A person exercising functions under this Act must seek to promote the well-being of— a people who need care and support, and b carers who need support. Other overarching duties: general 6 1 A person exercising functions under this Act in relation to— a an individual who has, or may have, needs for care and support, b a carer who has, or may have, needs for support, or c an individual in respect of whom functions are exercisable under Part 6 (looked after children etc), must comply with the duties in subsection (2). 2 The person must— a in so far as is reasonably practicable, ascertain and have regard to the individual's views, wishes and feelings, b have regard to the importance of promoting and respecting the dignity of the individual, c have regard to the characteristics, culture and beliefs of the individual (including, for example, language), and d have regard to the importance of providing appropriate support to enable the individual to participate in decisions that affect him or her to the extent that is appropriate in the circumstances, particularly where the individual's ability to communicate is limited for any reason. 3 A person exercising functions under this Act in relation to an adult falling within subsection (1)(a), (b) or (c) must, in addition, have regard to— a the importance of beginning with the presumption that the adult is best placed to judge the adult's well-being, and b the importance of promoting the adult's independence where possible. 4 A person exercising functions under this Act in relation to a child falling within subsection (1)(a), (b) or (c), in addition— a must have regard to the importance of promoting the upbringing of the child by the child's family, in so far as doing so is consistent with promoting the well-being of the child, and b where the child is under the age of 16, must ascertain and have regard to the views, wishes and feelings of the persons with parental responsibility for the child, in so far as doing so is— i consistent with promoting the well-being of the child, and ii reasonably practicable. Other overarching duties: UN Principles and Convention 7 1 A person exercising functions under this Act in relation to an adult falling within section 6(1)(a) or (b) must have due regard to the United Nations Principles for Older Persons adopted by the General Assembly of the United Nations on 16 December 1991. 2 A person exercising functions under this Act in relation to a child falling within section 6(1)(a), (b) or (c) must have due regard to Part 1 of the United Nations Convention on the Rights of the Child adopted and opened for signature, ratification and accession by General Assembly resolution 44/25 of 20 November 1989 (“ the Convention ”). 3 For the purposes of subsection (2), Part 1 of the Convention is to be treated as having effect— a as set out for the time being in Part 1 of the Schedule to the Rights of Children and Young Persons (Wales) Measure 2011, but b subject to any declaration or reservation as set out for the time being in Part 3 of that Schedule. 4 Subsection (2) does not apply to the Welsh Ministers (see, instead, the Rights of Children and Young Persons (Wales) Measure 2011). Well-being outcomes Duty to issue a statement of the outcomes to be achieved 8 1 The Welsh Ministers must issue a statement relating to the well-being of— a people in Wales who need care and support, and b carers in Wales who need support. 2 The statement must be issued within 3 years beginning with the date on which this Act receives Royal Assent. 3 The statement must specify the outcomes that are to be achieved, in terms of the well-being of the people mentioned in subsection (1), by means of— a care and support (or, in the case of carers, support) provided by local authorities under this Act, and b care and support (or, in the case of carers, support) provided by others which is of a kind that could be provided by local authorities under this Act. 4 The statement must also specify measures by reference to which the achievement of those outcomes is to be assessed. 5 The statement may specify different outcomes or measures for different categories of people who need care and support (or, in the case of carers, support). 6 The Welsh Ministers must keep the statement under review and may revise the statement whenever they consider it appropriate to do so. 7 Before issuing or revising the statement, the Welsh Ministers must consult such persons as they think fit. 8 The Welsh Ministers must, on issuing or revising the statement— a lay a copy of the statement before the National Assembly for Wales, and b publish the statement on their website. Power to issue a code to help achieve the outcomes 9 1 The Welsh Ministers must issue, and from time to time revise, a code to help achieve the outcomes specified in the statement under section 8. 2 The code may— a give guidance to any person providing care and support (or, in the case of carers, support) of the kind described in section 8(3), and b impose requirements on local authorities in relation to provision of that kind. 3 The following are examples of the matters which may be set out in the code— a standards (“quality standards”) to be achieved in the provision of care and support (or, in the case of carers, support); b measures (“performance measures”) by reference to which performance in achieving those quality standards can be assessed; c targets (“performance targets”) to be met in relation to those performance measures; d steps to be taken in relation to those standards, measures and targets. 4 The code may specify— a different quality standards for— i different categories of care and support (or, in the case of carers, support); ii different categories of people who need care and support (or, in the case of carers, support); b different performance measures or performance targets for— i different categories of care and support (or, in the case of carers, support); ii different categories of persons who provide care and support (or, in the case of carers, support); c different quality standards, performance measures or performance targets to apply at different times. 5 The Welsh Ministers must— a publish on their website the code which is for the time being in force, and b make available to the public (whether on their website or otherwise) codes which are no longer in force. Local authorities and the code 10 1 In exercising its functions under this Act, a local authority must— a act in accordance with any relevant requirements imposed upon it by a code issued under section 9, and b have regard to any relevant guidance contained in that code. 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Issue, approval and revocation of the code 11 1 Before issuing or revising a code under section 9, the Welsh Ministers must consult such persons as they think fit on a draft of the code (or revised code). 2 If the Welsh Ministers wish to proceed with the draft (with or without modifications) they must lay a copy of the draft before the National Assembly for Wales. 3 If, before the end of the 40 day period, the National Assembly for Wales resolves not to approve the draft, the Welsh Ministers must not issue the code (or revised code) in the form of that draft. 4 If no such resolution is made before the end of that period— a the Welsh Ministers must issue the code (or revised code) in the form of the draft, and b the code (or revised code) comes into force on the date appointed by order of the Welsh Ministers. 5 The 40 day period— a begins on the day on which the draft is laid before the National Assembly for Wales, and b does not include any time during which the National Assembly for Wales is dissolved or is in recess for more than four days. 6 Subsection (3) does not prevent a new draft of a code (or revised code) from being laid before the National Assembly for Wales. 7 The Welsh Ministers may revoke a code (or revised code) issued under this section in a further code or by direction. 8 A direction under subsection (7) must be laid before the National Assembly for Wales. Power to help local authorities to comply with the code's requirements 12 1 The Welsh Ministers may do anything which they consider is likely to help a local authority to comply with requirements imposed by a code under section 9. 2 The power under subsection (1) includes power— a to enter into arrangements or agreements with any person; b to co-operate with, or facilitate or co-ordinate the activities of, any person; c to exercise on behalf of any person any functions of that person; d to provide staff, goods, services or accommodation to any person. 3 Unless the Welsh Ministers are exercising the power under subsection (1) in response to a request made under subsection (4), they must, before exercising that power, consult— a the local authority which they propose to assist by the exercise of the power, and b those persons who appear to the Welsh Ministers to be key stakeholders affected by the exercise of the power. 4 If a local authority asks them to do so, the Welsh Ministers must consider whether to exercise their power under subsection (1). Publication of information and reports 13 The Welsh Ministers may publish— a information about the provision of care and support (or, in the case of carers, support) of the kind described in section 8(3), and b reports on the progress made by local authorities and others towards the achievement of— i the outcomes specified in a statement under section 8; ii the quality standards and performance targets (if any) specified in a code under section 9. Local arrangements Assessment of needs for care and support, support for carers and preventative services 14 1 A local authority and each Local Health Board any part of whose area lies within the area of the local authority must, in accordance with regulations, jointly assess— a the extent to which there are people in the local authority's area who need care and support; b the extent to which there are carers in the local authority's area who need support; c the extent to which there are people in the local authority's area whose needs for care and support (or, in the case of carers, support) are not being met (by the authority, the Board or otherwise); d the range and level of services required to meet the care and support needs of people in the local authority's area (including the support needs of carers); e the range and level of services required to achieve the purposes in section 15(2) (preventative services) in the local authority's area; f the actions required to provide the range and level of services identified in accordance with paragraphs (d) and (e) through the medium of Welsh. 2 Regulations under subsection (1) may, for example, provide for the timing and review of assessments. 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Plans following assessments of needs under section 14 14A 1 In this section, “ relevant body ” means a local authority or Local Health Board which has carried out a joint assessment under section 14(1). 2 Each relevant body must prepare and publish a plan setting out— a the range and level of services the body proposes to provide, or arrange to be provided, in response to the assessment of needs under paragraphs (a) to (c) of section 14(1); b in the case of a local authority, the range and level of services the authority proposes to provide, or arrange to be provided, in seeking to achieve the purposes in section 15(2) (preventative services); c in the case of a Local Health Board, anything the Board proposes to do in connection with its duty under section 15(5) (Local Health Boards to have regard to the importance of preventative action when exercising functions); d how the services set out in the plan are to be provided, including the actions the body proposes to take to provide, or arrange to provide, the services through the medium of Welsh; e any other action the body proposes to take in response to the assessment under section 14(1); f the details of anything the body proposes to do in response to the assessment jointly with another relevant body; g the resources to be deployed in doing the things set out in the plan. 3 A relevant body's plan may be published by including it within a local well-being plan published under section 39 , 44(5) or 47(6) or (11) of the Well-being of Future Generations (Wales) Act 2015 (the “ 2015 Act ”) by a public services board of which the body is a member. 4 A local authority and a Local Health Board who have carried out a joint assessment together under section 14(1) may jointly prepare and publish a plan under subsection (2). 5 Two or more local authorities may jointly prepare and publish a plan under subsection (2); but such a joint plan may be published by including it within a local well-being plan only if each local authority is a member of the public services board (see sections 47 and 49 of the 2015 Act (merging and demerging of public services boards)). 6 A relevant body must submit to the Welsh Ministers— a any part of a plan it has prepared under subsection (2) which relates to the health and well-being of carers; b any other part of such a plan as may be specified by regulations. 7 Regulations may make provision about plans prepared and published under subsection (2), including provision— a specifying when a plan is to be published; b about reviewing a plan; c about consulting persons when preparing or reviewing a plan; d about the monitoring and evaluation of services and other action set out in a plan. Preventative services 15 1 A local authority must provide or arrange for the provision of a range and level of services which it considers will achieve the purposes in subsection (2) in its area. 2 The purposes are— a contributing towards preventing or delaying the development of people's needs for care and support; b reducing the needs for care and support of people who have such needs; c promoting the upbringing of children by their families, where that is consistent with the well-being of children; d minimising the effect on disabled people of their disabilities; e contributing towards preventing people from suffering abuse or neglect; f reducing the need for— i proceedings for care or supervision orders under the Children Act 1989, ii criminal proceedings against children, iii any family or other proceedings in relation to children which might lead to them being placed in local authority care, or iv proceedings under the inherent jurisdiction of the High Court in relation to children; g encouraging children not to commit criminal offences; h avoiding the need for children to be placed in secure accommodation within the meaning given in section 119 and in section 25 of the Children Act 1989 ; i enabling people to live their lives as independently as possible. 3 The things that may be provided or arranged in discharging the duty under subsection (1) include, but are not limited to, care and support (or in the case of carers, support) of the kind that must or may be provided under sections 35 to 45. 4 A local authority must, in the exercise of its other functions, have regard to the importance of achieving the purposes in subsection (2) in its area. 5 A Local Health Board must, in the exercise of its functions, have regard to the importance of achieving the purposes in subsection (2) in its area. 6 In discharging its duty under subsection (1) a local authority— a must identify the services already available in the authority's area which may help in achieving the purposes in subsection (2) and consider involving or making use of those services in discharging the duty; b may take account of services which the authority considers might reasonably be provided or arranged by other persons in deciding what it should provide or arrange; c must make the best use of the authority's resources and in particular avoid provision which might give rise to disproportionate expenditure. 7 Provision is not to be considered as giving rise to disproportionate expenditure only because that provision is more expensive than comparable provision. 8 Two or more local authorities may jointly discharge the duty under subsection (1) in relation to their combined area; where they do so— a references in this section to a local authority are to be read as references to the authorities acting jointly, and b references in this section to a local authority's area are to be read as references to the combined area. 9 See sections 46 (exception for persons subject to immigration control), 47 (exception for provision of health services), 48 (exception for provision of housing etc) and 49 (restrictions on provision of payments) for an exception to the duty under subsection (1) and limitations on the manner in which the duty may be discharged. Promoting social enterprises, co-operatives, user led services and the third sector 16 1 A local authority must promote— a the development in its area of social enterprises to provide care and support and preventative services; b the development in its area of co-operative organisations or arrangements to provide care and support and preventative services; c the involvement of persons for whom care and support or preventative services are to be provided in the design and operation of that provision; d the availability in its area of care and support and preventative services from third sector organisations (whether or not the organisations are social enterprises or co-operative organisations). 2 In this section— “ care and support ” (“ gofal a chymorth ”) includes support for carers; “ preventative services ” (“ gwasanaethau ataliol ”) means services the local authority considers would achieve any of the purposes in section 15(2); “ social enterprise ” (“ menter gymdeithasol ”) means an organisation whose activities are wholly or mainly activities which a person might reasonably consider to be activities carried on for the benefit of society (“its social objects”), and which— generates most of its income through business or trade, reinvests most of its profits in its social objects, is independent of any public authority, and is owned, controlled and managed in a way that is consistent with its social objects; “ society ” (“ y gymdeithas ”) includes a section of society; “ third sector organisation ” (“ sefydliad trydydd sector ”) means an organisation which a person might reasonably consider to exist wholly or mainly to provide benefits for society. 3 For the purposes of this section, regulations may provide— a that activities of a specified description are or are not to be treated as activities which a person might reasonably consider to be activities carried on for the benefit of society; b that organisations or arrangements of a specified description are or are not to be treated as— i social enterprises, ii co-operative organisations or arrangements, or iii third sector organisations; c for what does, does not or may constitute a section of society. Provision of information, advice and assistance 17 1 A local authority must secure the provision of a service for providing people with— a information and advice relating to care and support, and b assistance in accessing care and support. 2 In subsection (1)(a), “ information ” includes, but is not limited to, financial information (including information about direct payments). 3 The local authority must seek to ensure that the service— a is sufficient to enable a person to make plans for meeting needs for care and support that might arise, and b provides information, advice and assistance to a person in a manner which is accessible to that person. 4 The service must include, as a minimum, the publication of information and advice on the following matters— a the system provided for by this Act and how the system operates in the authority's area, b the types of care and support available in the authority's area, c how to access the care and support that is available, and d how to raise concerns about the well-being of a person who appears to have needs for care and support. 5 A Local Health Board or an NHS Trust providing services in the area of a local authority must, for the purposes of this section, provide that local authority with information about the care and support it provides in the local authority's area. 6 Two or more local authorities may jointly secure the provision of a service under this section for their combined area; and where they do so— a references in this section to a local authority are to be read as references to the authorities acting jointly, and b references in this section to a local authority's area are to be read as references to the combined area. 7 In this section, “ care and support ” includes support for carers. Registers of sight-impaired, hearing-impaired and other disabled people 18 1 A local authority must establish and maintain a register of the people ordinarily resident in the authority's area who— a are sight-impaired or severely sight-impaired, b are hearing-impaired or severely hearing-impaired, or c have sight and hearing impairments which, in combination, have a significant effect on their day to day lives. 2 The register must identify, in respect of each person included in the register— a the paragraph in subsection (1) within which that person falls, and b the person's linguistic circumstances. 3 Regulations may specify, for the purposes of subsection (1), categories of people who are, or are not, to be treated as falling within paragraph (a), (b) or (c) of that subsection. 4 A local authority must establish and maintain a register of children to whom subsection (6) applies and who are within the local authority's area. 5 A local authority may establish and maintain a register of adults to whom subsection (6) applies and who are ordinarily resident in the local authority's area. 6 This subsection applies to a person who— a is disabled, b is not disabled but has a physical or mental impairment which gives rise, or which the authority considers may in the future give rise, to needs for care and support, or c comes within any other category of persons the authority considers appropriate to include in a register of persons who have, or who the authority considers may in the future have, needs for care and support. 7 A local authority— a may categorise people included in a register under subsection (4) or (5) as it thinks fit, and b must identify the linguistic circumstances of those people in the relevant register. 8 The registers established and maintained under this section may be used in the exercise of the authority's functions; for example, for the purpose of— a planning the provision by the authority of services to meet needs for care and support or support for carers, and b monitoring changes over time in the number of people in the authority's area with needs for care and support and the types of needs they or their carers have. 9 Nothing in this section requires a local authority to include any person in a register maintained under this section unless— a the person has applied to be included in the register, or b an application to be so included has been made on the person's behalf. 10 Where a local authority includes a person in a register maintained under this section, the authority— a must inform the person that he or she has been so included, and b if a request is made by the person or on the person's behalf, must remove from the register any personal data (within the meaning of Parts 5 to 7 of the Data Protection Act 2018 (see section 3(2) and (14) of that Act)) relating to that person. PART 3 ASSESSING THE NEEDS OF INDIVIDUALS Assessing adults Duty to assess the needs of an adult for care and support 19 1 Where it appears to a local authority that an adult may have needs for care and support, the authority must assess— a whether the adult does have needs for care and support, and b if the adult does, what those needs are. 2 The duty under subsection (1) applies in relation to— a an adult who is ordinarily resident in the authority's area, and b any other adult who is within the authority's area. 3 The duty under subsection (1) applies regardless of the local authority's view of— a the level of the adult's needs for care and support, or b the level of the adult's financial resources. 4 In carrying out a needs assessment under this section, the local authority must— a seek to identify the outcomes that the adult wishes to achieve in day to day life, b assess whether, and if so, to what extent, the provision of— i care and support, ii preventative services, or iii information, advice or assistance, could contribute to the achievement of those outcomes or otherwise meet needs identified by the assessment, and c assess whether, and if so, to what extent, other matters could contribute to the achievement of those outcomes or otherwise meet those needs. 5 A local authority, in carrying out a needs assessment under this section, must involve— a the adult, and b where feasible, any carer that the adult has. 6 The nature of the needs assessment required by this section is one that the local authority considers proportionate in the circumstances, subject to any requirement in regulations under section 30. Refusal of a needs assessment for an adult 20 1 If an adult (or, where applicable, an authorised person) refuses a needs assessment under section 19, the duty under that section to assess the adult's needs does not apply. 2 But a refusal under subsection (1) does not discharge a local authority from its duty under section 19 in the following cases— CASE 1 - the local authority is satisfied, in the case of a refusal given by the adult, that— the adult lacks capacity to decide whether to refuse to have the assessment, but there is an authorised person to make the decision on the adult's behalf; CASE 2 - the local authority is satisfied, in the case of a refusal given by the adult, that— the adult lacks capacity to decide whether to refuse to have the assessment, there is no authorised person to make the decision on the adult's behalf, and having the assessment would be in the adult's best interests; CASE 3 - the local authority suspects that the adult is experiencing or at risk of abuse or neglect. 3 Where a local authority has been discharged from its duty under section 19 by a refusal under this section, the duty is re-engaged if— a the adult (or, where applicable, an authorised person) subsequently asks for an assessment, or b the local authority considers that the adult's needs or circumstances have changed, (subject to any further refusal under this section). 4 In this section “ authorised person ” means a person authorised under the Mental Capacity Act 2005 (whether in general or specific terms) to decide whether to refuse, or ask for, a needs assessment on the adult's behalf. Assessing children Duty to assess the needs of a child for care and support 21 1 Where it appears to a local authority that a child may need care and support in addition to, or instead of, the care and support provided by the child's family, the authority must assess— a whether the child does need care and support of that kind, and b if the child does, what those needs are. 2 The duty under subsection (1) applies in relation to— a a child who is ordinarily resident in the authority's area, and b any other child who is within the authority's area. 3 The duty under subsection (1) applies regardless of the local authority's view of— a the level of the child's needs for care and support, or b the level of the financial resources of the child or any person with parental responsibility for the child. 4 In carrying out a needs assessment under this section, the local authority must— a assess the developmental needs of the child, b seek to identify the outcomes that— i the child wishes to achieve, to the extent it considers appropriate having regard to the child's age and understanding, ii the persons with parental responsibility for the child wish to achieve in relation to the child, to the extent it considers appropriate having regard to the need to promote the child's well-being, and iii persons specified in regulations (if any) wish to achieve in relation to the child, c assess whether, and if so, to what extent, the provision of— i care and support, ii preventative services, or iii information, advice or assistance, could contribute to the achievement of those outcomes or otherwise meet needs identified by the assessment, d assess whether, and if so, to what extent, other matters could contribute to the achievement of those outcomes or otherwise meet those needs, and e take account of any other circumstances affecting the child's well-being. 5 A local authority, in carrying out a needs assessment under this section, must involve— a the child, and b any person with parental responsibility for the child. 6 The nature of the needs assessment required by this section is one that the local authority considers proportionate in the circumstances, subject to any requirement in regulations under section 30. 7 For the purposes of subsection (1) a disabled child is presumed to need care and support in addition to, or instead of, the care and support provided by the child's family. 8 This section does not apply to a child looked after by— a a local authority, b a local authority in England, c a local authority in Scotland, or d a Health and Social Care trust. Refusal of a needs assessment for a child aged 16 or 17 22 1 If a child aged 16 or 17 (or, where applicable, an authorised person) refuses a needs assessment under section 21, the duty under that section to assess the child's needs does not apply. 2 If a person with parental responsibility for a child aged 16 or 17 refuses a needs assessment for that child under section 21 in circumstances in which the local authority is satisfied that— a the child lacks capacity to decide whether to refuse to have the assessment, and b there is no authorised person to make the decision on the child's behalf, the duty under that section to assess the child's needs does not apply. 3 But a refusal under subsection (1) or (2) does not discharge a local authority from its duty under section 21 in the following cases— CASE 1 - the local authority is satisfied, in the case of a refusal given by a child, that the child lacks capacity to decide whether to refuse to have the assessment; CASE 2 - the local authority is satisfied, in the case of a refusal given by a person with parental responsibility for the child, that the person lacks capacity to decide whether to refuse the assessment; CASE 3 - the local authority is satisfied, in the case of a refusal given by a person with parental responsibility for the child, that not having the assessment would not be in the child's best interests; CASE 4 – the local authority suspects that the child is experiencing or at risk of abuse, neglect or other kinds of harm. 4 Where a local authority has been discharged from its duty under section 21 by a refusal under this section, the duty is re-engaged if— a the child (or, where applicable, an authorised person) subsequently asks for an assessment, b a person with parental responsibility for the child subsequently asks for an assessment in the circumstances described in subsection (2), or c the local authority considers that the child's needs or circumstances, or the needs or circumstances of a person with parental responsibility for the child, have changed, (subject to any further refusal under this section). 5 In this section “ authorised person ” means a person authorised under the Mental Capacity Act 2005 (whether in general or specific terms) to decide whether to refuse, or ask for, a needs assessment on the child's behalf. Refusal of a needs assessment for a child aged under 16 23 1 If— a a child aged under 16 refuses a needs assessment under section 21, and b the local authority is satisfied that the child has sufficient understanding to make an informed decision about the refusal of the assessment, the duty under that section to assess the child's needs does not apply. 2 If a person with parental responsibility for a child aged under 16 refuses a needs assessment for that child under section 21, the duty under that section to assess the child's needs does not apply. 3 But a refusal under subsection (1) or (2) does not discharge a local authority from its duty under section 21 in the following cases— CASE 1 - the local authority is satisfied, in the case of a refusal given by a person with parental responsibility for the child, that the person lacks capacity to decide whether to refuse the assessment; CASE 2 - the local authority is satisfied, in the case of a refusal given by a person with parental responsibility for the child, that the child— has sufficient understanding to make an informed decision about the refusal of the assessment, and does not agree with the refusal given by the person with parental responsibility for the child; CASE 3 - the local authority is satisfied, in the case of a refusal given by a person with parental responsibility for the child, that not having the assessment would be inconsistent with the child's well-being; CASE 4 – the local authority suspects that the child is experiencing or at risk of abuse, neglect or other kinds of harm. 4 Where a local authority has been discharged from its duty under section 21 by a refusal under this section, the duty is re-engaged if— a the child subsequently asks for an assessment and the local authority is satisfied that the child has sufficient understanding to make an informed decision about having an assessment, b a person with parental responsibility for the child subsequently asks for an assessment, or c the local authority considers that the child's needs or circumstances, or the needs or circumstances of a person with parental responsibility for the child, have changed, (subject to any further refusal under this section). Assessing carers Duty to assess the needs of a carer for support 24 1 Where it appears to a local authority that a carer may have needs for support, the authority must assess— a whether the carer does have needs for support (or is likely to do so in the future), and b if the carer does, what those needs are (or are likely to be in the future). 2 The duty under subsection (1) applies in relation to a carer who is providing or intends to provide care for— a an adult or disabled child who is ordinarily resident in the authority's area, or b any other adult or disabled child who is within the authority's area. 3 The duty under subsection (1) applies regardless of the authority's view of— a the level of the carer's needs for support, or b the level of the financial resources of the carer or the person for whom the carer provides or intends to provide care. 4 In carrying out a needs assessment under this section, the local authority must— a assess the extent to which the carer is able, and will continue to be able, to provide care for the person for whom the carer provides or intends to provide care, b assess the extent to which the carer is willing, and will continue to be willing, to do so, c in the case of a carer who is an adult, seek to identify the outcomes that the carer wishes to achieve, d in the case of a carer who is a child, seek to identify the outcomes that— i the carer wishes to achieve, to the extent it considers appropriate having regard to the carer's age and understanding, ii the persons with parental responsibility for the carer wish to achieve in relation to the carer, to the extent it considers appropriate having regard to the need to promote the carer's well-being, and iii persons specified in regulations (if any) wish to achieve in relation to the carer, e assess whether, and if so, to what extent, the provision of— i support, ii preventative services, or iii information, advice or assistance, could contribute to the achievement of those outcomes or otherwise meet needs identified by the assessment, and f assess whether, and if so, to what extent, other matters could contribute to the achievement of those outcomes or otherwise meet those needs. 5 A local authority, in carrying out a needs assessment under this section, must have regard to— a whether the carer works or wishes to do so, b whether the carer is participating in or wishes to participate in education, training or any leisure activity, and c in the case of a carer who is a child— i the developmental needs of the child, and ii whether it is appropriate for the child to provide the care (or any care) in light of those needs. 6 A local authority, in carrying out a needs assessment under this section, must involve— a the carer, and b where feasible, the person for whom the carer provides or intends to provide care. 7 The nature of the needs assessment required by this section is one that the local authority considers proportionate in the circumstances, subject to any requirement in regulations under section 30. Refusal of a needs assessment for an adult carer 25 1 If a carer who is an adult (or, where applicable, an authorised person) refuses a needs assessment under section 24, the duty under that section to assess the carer's needs does not apply. 2 But a refusal under subsection (1) does not discharge a local authority from its duty under section 24 in the following cases— CASE 1 - the local authority is satisfied, in the case of a refusal given by the carer, that— the carer lacks capacity to decide whether to refuse to have the assessment, but there is an authorised person to make the decision on the carer's behalf; CASE 2 - the local authority is satisfied, in the case of a refusal given by the carer, that— the carer lacks capacity to decide whether to refuse to have the assessment, there is no authorised person to make the decision on the carer's behalf, and having the assessment would be in the carer's best interests. 3 Where a local authority has been discharged from its duty under section 24 by a refusal under this section, the duty is re-engaged if— a the carer (or, where applicable, an authorised person) subsequently asks for an assessment, or b the local authority considers that the carer's needs or circumstances have changed, (subject to any further refusal under this section). 4 In this section “ authorised person ” means a person authorised under the Mental Capacity Act 2005 (whether in general or specific terms) to decide whether to refuse, or ask for, a needs assessment on the carer's behalf. Refusal of a needs assessment for a carer aged 16 or 17 26 1 If a carer aged 16 or 17 (or, where applicable, an authorised person) refuses a needs assessment under section 24, the duty under that section to assess the carer's needs does not apply. 2 If a person with parental responsibility for a carer aged 16 or 17 refuses a needs assessment for the carer under section 24 in circumstances in which the local authority is satisfied that— a the carer lacks capacity to decide whether to refuse to have the assessment, and b there is no authorised person to make the decision on the carer's behalf, the duty under that section to assess the carer's needs does not apply. 3 But a refusal under subsection (1) or (2) does not discharge a local authority from its duty under section 24 in the following cases— CASE 1 - the local authority is satisfied, in the case of a refusal given by the carer, that the carer lacks capacity to decide whether to refuse to have the assessment; CASE 2 - the local authority is satisfied, in the case of a refusal given by a person with parental responsibility for the carer, that the person lacks capacity to decide whether to refuse the assessment; CASE 3 - the local authority is satisfied, in the case of a refusal given by a person with parental responsibility for the carer, that not having the assessment would not be in the carer's best interests. 4 Where a local authority has been discharged from its duty under section 24 by a refusal under this section, the duty is re-engaged if— a the carer (or, where applicable, an authorised person) subsequently asks for an assessment, b a person with parental responsibility for the carer subsequently asks for an assessment in the circumstances described in subsection (2), or c the local authority considers that the carer's needs or circumstances, or the needs or circumstances of a person with parental responsibility for the carer, have changed, (subject to any further refusal under this section). 5 In this section “ authorised person ” means a person authorised under the Mental Capacity Act 2005 (whether in general or specific terms) to decide whether to refuse, or ask for, a needs assessment on the carer's behalf. Refusal of a needs assessment for a carer aged under 16 27 1 If— a a carer aged under 16 refuses a needs assessment under section 24, and b the local authority is satisfied that the carer has sufficient understanding to make an informed decision about the refusal of the assessment, the duty under that section to assess the carer's needs does not apply. 2 If a person with parental responsibility for a carer aged under 16 refuses a needs assessment for the carer under section 24, the duty under that section to assess the carer's needs does not apply. 3 But a refusal under subsection (1) or (2) does not discharge a local authority from its duty under section 24 in the following cases— CASE 1 - the local authority is satisfied, in the case of a refusal given by a person with parental responsibility for the carer, that the person lacks capacity to decide whether to refuse the assessment; CASE 2 - the local authority is satisfied, in the case of a refusal given by a person with parental responsibility for the carer, that the carer— has sufficient understanding to make an informed decision about the refusal of the assessment, and does not agree with the refusal given by the person with parental responsibility for the carer; CASE 3 - the local authority is satisfied, in the case of a refusal given by a person with parental responsibility for the carer, that not having the assessment would be inconsistent with the carer's well-being. 4 Where a local authority has been discharged from its duty under section 24 by a refusal under this section, the duty is re-engaged if— a the carer subsequently asks for an assessment and the local authority is satisfied that the carer has sufficient understanding to make an informed decision about having an assessment, b a person with parental responsibility for the carer subsequently asks for an assessment, or c the local authority considers that the carer's needs or circumstances, or the needs or circumstances of a person with parental responsibility for the carer, have changed, (subject to any further refusal under this section). Supplementary Combining needs assessments for a carer and a cared for person 28 1 Where a person who appears to need care and support has a carer, a local authority may combine— a the person's needs assessment under section 19 or 21, and b the carer's needs assessment under section 24, but this is subject to subsections (2) to (4). 2 A local authority may not combine a needs assessment for an adult (whether under section 19 or 24) with a needs assessment for another person unless— a the adult (or, where applicable, an authorised person) gives valid consent, or b the requirement for valid consent may be dispensed with. 3 A local authority may not combine a needs assessment for a child aged 16 or 17 (whether under section 21 or 24) with a needs assessment for another person unless— a the child (or, where applicable, an authorised person) gives valid consent, b a person with parental responsibility for the child gives valid consent in circumstances in which the local authority is satisfied that— i the child lacks capacity to decide whether to consent to the combining of the needs assessments, and ii there is no authorised person to make the decision on the child's behalf, or c the requirement for valid consent may be dispensed with. 4 A local authority may not combine a needs assessment for a child aged under 16 (whether under section 21 or 24) with a needs assessment for another person unless— a the child or a person with parental responsibility for the child gives valid consent, or b the requirement for valid consent may be dispensed with. 5 Consent given under subsection (2), (3) or (4) is valid except in the following cases— CASE 1 - the local authority is satisfied, in the case of consent given by an adult or a child aged 16 or 17, that the adult or child lacks capacity to consent to the combination of the needs assessments; CASE 2 - the local authority is satisfied, in the case of consent given by a child aged under 16, that the child does not have sufficient understanding to make an informed decision about the combination of the needs assessments; CASE 3 - the local authority is satisfied, in the case of consent given by a person with parental responsibility for a child aged under 16 in relation to the child's needs assessment, that the child— has sufficient understanding to make an informed decision about the combination of the needs assessments, and does not agree with the consent given by the person with parental responsibility. 6 A local authority may dispense with the requirement for valid consent in the following cases— CASE 1 - the local authority is satisfied, with regard to the needs assessment of an adult, that— there is no person who may give valid consent, and combining the needs assessments would be in the adult's best interests; CASE 2 - the local authority is satisfied, with regard to the needs assessment of a child aged 16 or 17, that— the child lacks capacity to give valid consent, there is no authorised person who may give valid consent on the child's behalf, and combining the needs assessments would be in the child's best interests; CASE 3 - the local authority is satisfied, with regard to the needs assessment of a child aged under 16, that— the child does not have sufficient understanding to make an informed decision about the combination of the needs assessments, and combining the needs assessments would be consistent with the child's well-being. 7 In this section “ authorised person ” means a person authorised under the Mental Capacity Act 2005 (whether in general or specific terms) to decide whether to consent to the combination of the needs assessments on the adult or child's behalf. Combining needs assessments and other assessments 29 1 Where a person who appears to need support as a carer also appears to have needs for care and support in his or her own right, a local authority may combine a needs assessment for that person under section 24 with a needs assessment for that person under section 19 or 21. 2 A local authority may carry out a needs assessment for a person at the same time as it or another body carries out another assessment under any enactment in relation to that person. 3 For the purposes of subsection (2)— a the local authority may carry out the other assessment on behalf of or jointly with the other body, or b if the other body has already arranged for the other assessment to be carried out jointly with another person, the local authority may carry out the other assessment jointly with the other body and that other person. Regulations about assessment 30 1 Regulations must make provision about carrying out needs assessments. 2 Regulations under this section must make provision for the review of needs assessments, and may, for example, specify— a the persons who may request a review of an assessment (on their own behalf or on behalf of another person); b the circumstances in which a local authority— i may refuse to comply with a request for a review of an assessment, and ii may not refuse to do so. 3 Regulations under this section may also, for example, provide for— a further persons whom a local authority must involve in carrying out an assessment under section 19, 21 or 24; b the way in which an assessment is to be carried out, by whom and when; c the recording of the results of an assessment; d the considerations to which a local authority is to have regard in carrying out an assessment; e powers to provide information for the purposes of assessment. Part 3: interpretation 31 In this Part— “ information, advice or assistance ” (“ gwybodaeth, cyngor neu gynhorthwy ”) means information, advice or assistance that may be provided by virtue of section 17; “ preventative services ” (“ gwasanaethau ataliol ”) means services that may be provided by virtue of section 15. PART 4 MEETING NEEDS Deciding what to do following needs assessment Determination of eligibility and consideration of what to do to meet needs 32 1 Where a local authority is satisfied, on the basis of a needs assessment, that a person has needs for care and support or, if the person is a carer, needs for support, the authority must— a determine whether any of the needs meet the eligibility criteria; b if the needs do not meet the eligibility criteria, determine whether it is nevertheless necessary to meet the needs in order to protect the person from— i abuse or neglect or a risk of abuse or neglect (if the person is an adult); ii abuse or neglect or a risk of abuse or neglect, or other harm or a risk of such harm (if the person is a child); c determine whether the needs call for the exercise of any function it has under this Act or Parts 4 or 5 of the Children Act 1989, in so far as the function is relevant to that person; d consider whether the person would benefit from the provision of anything that may be provided by virtue of section 15 (preventative services) or 17 (information, advice and assistance) or anything else that may be available in the community. 2 If a local authority determines that any needs must be met, or are to be met, under sections 35 to 45, the authority must— a consider what could be done to meet those needs; b consider whether it would impose a charge for doing those things, and if so, determine the amount of that charge (see Part 5). 3 Regulations must make provision about the discharge of the duty under subsection (1)(a). 4 Needs meet the eligibility criteria if they— a are of a description specified in regulations, or b form part of a combination of needs of a description so specified. 5 The regulations may, for example, describe needs by reference to— a the effect that the needs have on the person concerned; b the person's circumstances. Procedure for regulations under section 32 33 1 Before making regulations under section 32(3) or (4), the Welsh Ministers must carry out the following steps. 2 The Welsh Ministers must consult— a such persons as appear to them likely to be affected by the regulations, b such organisations as appear to them to represent the interests of persons likely to be affected by the regulations, and c such other persons as they consider appropriate, on the proposed draft regulations. 3 The Welsh Ministers must— a allow those persons a period of at least 12 weeks to submit comments on the proposed draft regulations, b consider any comments submitted within that period, and c publish a summary of those comments. 4 The Welsh Ministers must lay a draft of the regulations before the National Assembly for Wales. 5 Draft regulations laid under subsection (4)— a must be accompanied by a statement of the Welsh Ministers giving details of any differences between the draft regulations consulted on under subsection (2) and the draft regulations laid under subsection (4), and b may not be approved by a resolution of the National Assembly for Wales in accordance with section 196(6) until after the expiry of the period of 60 days beginning with the day on which the draft regulations are laid. How to meet needs 34 1 The following are examples of the ways in which a local authority may meet needs under sections 35 to 45— a by arranging for a person other than the authority to provide something; b by itself providing something; c by providing something, or by arranging for something to be provided, to a person other than the person with needs for care and support (or, in the case of a carer, support). 2 The following are examples of what may be provided or arranged to meet needs under sections 35 to 45— a accommodation in a care home, children's home or premises of some other type; b care and support at home or in the community; c services, goods and facilities; d information and advice; e counselling and advocacy; f social work; g payments (including direct payments); h aids and adaptations; i occupational therapy. 3 Where a local authority is meeting a person's needs under sections 35 to 45 by providing or arranging care and support at the person's home, the local authority must satisfy itself that any visits to the person's home for that purpose are of sufficient length to provide the person with the care and support required to meet the needs in question. 4 A code issued under section 145 must include guidelines as to the length of visits to a person's home for the purpose of providing care and support. 5 See sections 47 (exception for provision of health services), 48 (exception for provision of housing etc) and 49 (restrictions on provision of payments) for limitations on what may be provided or arranged to meet needs for care and support and the way in which it may be provided or arranged. Meeting care and support needs of adults Duty to meet care and support needs of an adult 35 1 A local authority must meet an adult's needs for care and support if it is satisfied that conditions 1, 2 and 3 are met (but see subsection (6)). 2 Condition 1 is that the adult is— a ordinarily resident in the local authority's area, or b of no settled residence and within the authority's area. 3 Condition 2 is that— a the needs meet the eligibility criteria, or b the local authority considers it necessary to meet the needs in order to protect the adult from abuse or neglect or a risk of abuse or neglect. 4 Condition 3 is that— a there is no charge for the care and support needed to meet those needs, or b there is a charge for that care and support but— i the local authority is satisfied on the basis of a financial assessment that the adult's financial resources are at or below the financial limit, ii the local authority is satisfied on the basis of a financial assessment that the adult's financial resources are above the financial limit but the adult nonetheless asks the authority to meet his or her needs, or iii the local authority is satisfied that the adult lacks capacity to arrange for the provision of care and support and there is no person authorised to make such arrangements under the Mental Capacity Act 2005 or otherwise in a position to do so on the adult's behalf. 5 For the meaning of “financial assessment” and “financial limit” see Part 5. 6 The duty under subsection (1) does not apply to an adult's needs to the extent that the local authority is satisfied that those needs are being met by a carer. Power to meet care and support needs of adult 36 1 A local authority may meet an adult's needs for care and support if the adult is— a within the local authority's area, or b ordinarily resident in the authority's area, but outside its area. 2 If a local authority meets the needs of an adult who is ordinarily resident in the area of another local authority under subsection (1), it must notify the local authority in whose area the adult is ordinarily resident that it is doing so. 3 A local authority has the power to meet needs under this section whether or not it has completed a needs assessment in accordance with Part 3 or a financial assessment in accordance with Part 5. Meeting care and support needs of children Duty to meet care and support needs of a child 37 1 A local authority must meet a child's needs for care and support if it is satisfied that conditions 1 and 2, and any conditions specified in regulations, are met (but see subsections (5) and (6)). 2 Condition 1 is that the child is within the local authority's area. 3 Condition 2 is that— a the needs meet the eligibility criteria, or b the local authority considers it necessary to meet the needs in order to protect the child from— i abuse or neglect or a risk of abuse or neglect, or ii other harm or a risk of such harm. 4 If the local authority has been notified about a child under section 120(2)(a) or under section 85(1) of the Children Act 1989 (children accommodated by health authorities and local education authorities) , it must treat the child as being within its area for the purposes of this section. 5 The duty under subsection (1) does not apply to a child's needs to the extent that the local authority is satisfied that those needs are being met by the child's family or a carer. 6 This section does not apply to a child who is looked after by— a a local authority, b a local authority in England, c a local authority in Scotland, or d a Health and Social Care trust. Power to meet care and support needs of a child 38 1 A local authority may meet a child's needs for care and support if the child is— a within the local authority's area, or b ordinarily resident in the authority's area, but outside its area, (but see subsection (4)). 2 If a local authority meets the needs of a child who is ordinarily resident in the area of another local authority under subsection (1), it must notify the local authority in whose area the child is ordinarily resident that it is doing so. 3 A local authority has the power to meet needs under this section whether or not it has completed a needs assessment in accordance with Part 3 or a financial assessment in accordance with Part 5. 4 This section does not apply to a child who is looked after by— a a local authority, b a local authority in England, c a local authority in Scotland, or d a Health and Social Care trust. Duty to maintain family contact 39 1 This section applies to a child— a who is within the area of a local authority, b whom the local authority considers has needs for care and support in addition to the care and support provided by the child's family, c who is living apart from the child's family, and d who is not looked after by the local authority. 2 If the local authority considers it necessary in order to promote the well-being of the child, it must take such steps as are reasonably practicable to— a enable the child to live with the child's family, or b promote contact between the child and the child's family. Meeting support needs of a carer Duty to meet support needs of an adult carer 40 1 A local authority must meet the needs for support of a carer who is an adult if it is satisfied that conditions 1, 2 and 3, and any conditions specified in regulations, are met. 2 Condition 1 is that the person cared for by the carer is— a an adult who is— i ordinarily resident in the local authority's area, or ii of no settled residence and within the authority's area, or b a disabled child who is within the authority's area. 3 Condition 2 is that the carer's needs meet the eligibility criteria. 4 Condition 3 is that— a in so far as meeting the carer's needs involves the provision of support to the carer— i there is not a charge under section 59 for meeting those needs, or ii in so far as there is a charge, section 41(1) or (2) applies; b in so far as meeting the carer's needs involves the provision of care and support to an adult cared for by the carer— i there is not a charge under section 59 for meeting those needs and section 41(7), (8) or (9) applies, or ii in so far as there is a charge, section 41(3) or (4) applies; c in so far as meeting the carer's needs involves the provision of care and support to a disabled child aged 16 or 17 who is cared for by the carer— i there is not a charge under section 59 for meeting those needs and section 41(7), (8) or (10) applies, or ii in so far as there is a charge, section 41(5) or (6) applies; d in so far as meeting the carer's needs involves the provision of care and support to a disabled child aged under 16 who is cared for by the carer— i there is not a charge under section 59 for meeting those needs and section 41(12) or (13) applies, or ii in so far as there is a charge, section 41(5) or (6) applies. Duty to meet support needs of an adult carer: supplementary 41 1 This subsection applies if the local authority is satisfied on the basis of a financial assessment that the carer's financial resources are at or below the financial limit. 2 This subsection applies if— a the local authority is satisfied on the basis of a financial assessment that the carer's financial resources are above the financial limit, and b the carer nonetheless asks the authority to meet the needs in question. 3 This subsection applies if— a the local authority is satisfied on the basis of a financial assessment that the financial resources of the adult cared for by the carer are at or below the financial limit, and b subsection (7), (8) or (9) applies. 4 This subsection applies if— a the local authority is satisfied on the basis of a financial assessment that the financial resources of the adult cared for by the carer are above the financial limit, and b subsection (7), (8) or (9) applies. 5 This subsection applies if— a in respect of an adult upon whom the local authority thinks it would impose a charge for the provision of care and support to the disabled child cared for by the carer, the local authority is satisfied on the basis of a financial assessment that it would not be reasonably practicable for the adult to pay any amount for the care and support, and b either— i subsection (7), (8) or (10) applies, in the case of a disabled child aged 16 or 17, or ii subsection (12) or (13) applies, in the case of a disabled child aged under 16. 6 This subsection applies if— a in respect of an adult upon whom the local authority thinks it would impose a charge for the provision of care and support to the disabled child cared for by the carer, the local authority is satisfied on the basis of a financial assessment that it would be reasonably practicable for the adult— i to pay the standard charge for the care and support, or ii to pay any other amount for the care and support, b the adult does not object to the provision of the care and support, and c either— i subsection (7), (8) or (10) applies, in the case of a disabled child aged 16 or 17, or ii subsection (12) or (13) applies, in the case of a disabled child aged under 16. 7 This subsection applies if— a the local authority is satisfied that the person cared for by the carer has capacity to decide whether to have the needs in question met by the provision of care and support to that person, and b the person agrees to have those needs met in that way. 8 This subsection applies if an authorised person agrees, on behalf of the person cared for by the carer, to have the needs in question met by the provision of care and support to that person. 9 This subsection applies if— a the local authority is satisfied that the adult cared for by the carer lacks capacity to decide whether to have the needs in question met by the provision of care and support to that adult, b there is no authorised person to make the decision on the adult's behalf, and c the local authority is satisfied that it is in the adult's best interests to have those needs met in that way. 10 This subsection applies if— a the local authority is satisfied that the disabled child cared for by the carer lacks capacity to decide whether to have the needs in question met by the provision of care and support to that child, b there is no authorised person to make the decision on the child's behalf, and c no objection has been made by a person with parental responsibility for the child to having those needs met in that way. 11 The local authority may disregard an objection for the purposes of subsection (10)(c) if it is satisfied that it would not be in the disabled child's best interests. 12 This subsection applies if— a the local authority is satisfied that the disabled child cared for by the carer has sufficient understanding to make an informed decision about having the needs in question met by the provision of care and support to that child, and b the child agrees to have those needs met in that way. 13 This subsection applies if— a the local authority is satisfied that the disabled child cared for by the carer does not have sufficient understanding to make an informed decision about having the needs in question met by the provision of care and support to that child, and b no objection has been made by a person with parental responsibility for the child to having those needs met in that way. 14 The local authority may disregard an objection for the purposes of subsection (13)(b) if it is satisfied that it would not be consistent with the disabled child's well-being. 15 In this section— “ authorised person ” (“ person awdurdodedig ”) means a person authorised under the Mental Capacity Act 2005 (whether in general or specific terms) to decide on behalf of the person cared for by the carer whether to have the needs in question met by the provision of care and support to that person; “ standard charge ” (“ ffi safonol ”) has the meaning given by section 63(3). 16 For the meaning of “financial assessment” and “financial limit” see Part 5. Duty to meet support needs of a child carer 42 1 A local authority must meet the needs for support of a carer who is a child if it is satisfied that conditions 1, 2 and (where applicable) 3, and any conditions specified in regulations, are met. 2 Condition 1 is that the person cared for by the carer is— a an adult who is— i ordinarily resident in the local authority's area, or ii of no settled residence and within the authority's area, or b a disabled child who is within the authority's area. 3 Condition 2 is that the carer's needs meet the eligibility criteria. 4 Condition 3 is that— a in so far as meeting the carer's needs involves the provision of care and support to an adult cared for by the carer— i there is not a charge under section 59 for meeting those needs and section 43(5) , (6) or (7) applies, or ii in so far as there is a charge, section 43(1) or (2) applies; b in so far as meeting the carer's needs involves the provision of care and support to a disabled child aged 16 or 17 who is cared for by the carer— i there is not a charge under section 59 for meeting those needs and section 43(5) , (6) or (8) applies, or ii in so far as there is a charge, section 43(3) or (4) applies; c in so far as meeting the carer's needs involves the provision of care and support to a disabled child aged under 16 who is cared for by the carer— i there is not a charge under section 59 for meeting those needs and section 43(10) or (11) applies, or ii in so far as there is a charge, section 43(3) or (4) applies. Duty to meet support needs of a child carer: supplementary 43 1 This subsection applies if— a the local authority is satisfied on the basis of a financial assessment that the financial resources of the adult cared for by the carer are at or below the financial limit, and b subsection (5), (6) or (7) applies. 2 This subsection applies if— a the local authority is satisfied on the basis of a financial assessment that the financial resources of the adult cared for by the carer are above the financial limit, and b subsection (5), (6) or (7) applies. 3 This subsection applies if— a in respect of an adult upon whom the local authority thinks it would impose a charge for the provision of care and support to the disabled child cared for by the carer, the local authority is satisfied on the basis of a financial assessment that it would not be reasonably practicable for the adult to pay any amount for the care and support, and b either— i subsection (5), (6) or (8) applies, in the case of a disabled child aged 16 or 17, or ii subsection (10) or (11) applies, in the case of a disabled child aged under 16. 4 This subsection applies if— a in respect of an adult upon whom the local authority thinks it would impose a charge for the provision of care and support to the disabled child cared for by the carer, the local authority is satisfied on the basis of a financial assessment that it would be reasonably practicable for the adult— i to pay the standard charge for the care and support, or ii to pay any other amount for the care and support, b the adult does not object to the provision of the care and support, and c either— i subsection (5), (6) or (8) applies, in the case of a disabled child aged 16 or 17, or ii subsection (10) or (11) applies, in the case of a disabled child aged under 16. 5 This subsection applies if— a the local authority is satisfied that the person cared for by the carer has capacity to decide whether to have the needs in question met by the provision of care and support to that person, and b the person agrees to have those needs met in that way. 6 This subsection applies if an authorised person agrees, on behalf of the person cared for by the carer, to have the needs in question met by the provision of care and support to that person. 7 This subsection applies if— a the local authority is satisfied that the adult cared for by the carer lacks capacity to decide whether to have the needs in question met by the provision of care and support to that adult, b there is no authorised person to make the decision on the adult's behalf, and c the local authority is satisfied that it is in the adult's best interest to have those needs met in that way. 8 This subsection applies if— a the local authority is satisfied that the disabled child cared for by the carer lacks capacity to decide whether to have the needs in question met by the provision of care and support to that child, b there is no authorised person to make the decision on the child's behalf, and c no objection has been made by a person with parental responsibility for the child to having those needs met in that way. 9 The local authority may disregard an objection for the purposes of subsection (8)(c) if it satisfied that it would not be in the disabled child's best interests. 10 This subsection applies if— a the local authority is satisfied that the disabled child cared for by the carer has sufficient understanding to make an informed decision about having the needs in question met by the provision of care and support to that child, and b the child agrees to have those needs met in that way. 11 This subsection applies if— a the local authority is satisfied that the disabled child cared for by the carer does not have sufficient understanding to make an informed decision about having the needs in question met by the provision of care and support to that child, and b no objection has been made by a person with parental responsibility for the child to having those needs met in that way. 12 The local authority may disregard an objection for the purposes of subsection (11)(b) if it is satisfied that it would not be consistent with the disabled child's well-being. 13 In this section— “ authorised person ” (“ person awdurdodedig ”) means a person authorised under the Mental Capacity Act 2005 (whether in general or specific terms) to decide on behalf of the person cared for by the carer whether to have the needs in question met by the provision of care and support to that person; “ standard charge ” (“ ffi safonol ”) has the meaning given by section 63(3). 14 For the meaning of “financial assessment” and “financial limit” see Part 5. Supplementary provision about the duties to meet carer's needs 44 1 This section applies in relation to the duties under sections 40 and 42. 2 Meeting some or all of a carer's needs for support may involve the provision of care and support to the person cared for by the carer, even where there would be no duty to meet the person's needs for that care and support under section 35 or 37. 3 Where a local authority is required by section 40 or 42 to meet some or all of a carer's needs for support, but it does not prove feasible for it to do so by providing care and support to the person cared for by the carer, it must, so far as it is feasible to do so, identify some other way in which to do so. Power to meet support needs of a carer 45 1 A local authority may meet a carer's needs for support if the person cared for by the carer is— a within the local authority's area, or b ordinarily resident in the authority's area, but outside its area. 2 A local authority has the power to meet needs under this section whether or not it has completed a needs assessment in accordance with Part 3 or a financial assessment in accordance with Part 5. Meeting needs: exceptions and restrictions Exception for persons subject to immigration control 46 1 A local authority may not meet the needs for care and support of an adult to whom section 115 of the Immigration and Asylum Act 1999 (“ the 1999 Act ”) (exclusion from benefits) applies and whose needs for care and support have arisen solely— a because the adult is destitute, or b because of the physical effects, or anticipated physical effects, of being destitute. 2 For the purposes of subsection (1), section 95(2) to (7) of the 1999 Act applies but with the references in section 95(4) and (5) of that Act to the Secretary of State being read as references to the local authority in question. 3 But, until the commencement of section 44(6) of the Nationality, Immigration and Asylum Act 2002, subsection (2) is to have effect as if it read as follows— 2 For the purposes of subsection (1), section 95(3) and (5) to (8) of, and paragraph 2 of Schedule 8 to, the 1999 Act apply but with references in section 95(5) and (7) and that paragraph to the Secretary of State being read as references to the local authority in question. 4 The reference in subsection (1) to meeting an adult's needs for care and support includes a reference to doing so in order to meet a carer's needs for support. Exception for provision of health services 47 1 A local authority may not meet a person's needs for care and support (including a carer's needs for support) under sections 35 to 45 by providing or arranging for the provision of a service or facility which is required to be provided under a health enactment, unless a doing so would be incidental or ancillary to doing something else to meet needs under those sections , and b the service or the facility in question would be of a nature that the local authority could be expected to provide. 2 A local authority may not secure services or facilities for a person under section 15 (preventative services) that are required to be provided under a health enactment, unless a doing so would be incidental or ancillary to securing another service or facility for that person under that section , and b the service or the facility in question would be of a nature that the local authority could be expected to provide. 3 Regulations may specify— a types of services or facilities which may, despite subsections (1) and (2), be provided or arranged by a local authority, or circumstances in which such services or facilities may be so provided or arranged; b types of services or facilities which may not be provided or arranged by a local authority, or circumstances in which such services or facilities may not be so provided or arranged; c services or facilities, or a method for determining services or facilities, the provision of which is, or is not, to be treated as incidental or ancillary for the purposes of subsection (1) or (2). 4 A local authority may not meet a person's needs for care and support (including a carer's needs for support) under sections 35 to 45 by providing or arranging for the provision of nursing care by a registered nurse. 5 A local authority may not secure the provision of nursing care by a registered nurse in discharging its duty under section 15. 6 But a local authority may, despite subsections (1), (2), (4) and (5), arrange for the provision of accommodation together with nursing care by a registered nurse— a if the authority has obtained consent for it to arrange for the provision of the nursing care from— i whichever Local Health Board regulations require, in the case of accommodation in Wales, Scotland or Northern Ireland, or ii whichever English health body regulations require, in the case of accommodation in England, or b in an urgent case and where the arrangements are temporary. 7 In a case to which subsection (6)(b) applies, the local authority must seek to obtain the consent mentioned in subsection (6)(a) as soon as is feasible after the temporary arrangements are made. 8 Regulations may require a local authority— a to make arrangements in connection with the resolution of disputes between the authority and a health body about whether or not a service or facility is required to be provided under a health enactment; b to be involved in the manner specified in processes for assessing a person's needs for health care and deciding how those needs should be met. 9 Nothing in this section affects what a local authority may do under the National Health Service (Wales) Act 2006, including entering into arrangements under regulations made under section 33 of that Act (arrangements with NHS bodies). 10 In this section— an “ English health body ” (“ corff iechyd Seisnig ”) means— an integrated care board; NHS England; a “ health body ” (“ corff iechyd ”) means— a Local Health Board; an integrated care board; NHS England; a Health Board constituted under section 2 of the National Health Service (Scotland) Act 1978; a Special Health Board constituted under that section; a Health and Social Care trust; a “ health enactment ” (“ deddfiad iechyd ”) means— the National Health Service (Wales) Act 2006; the National Health Service Act 2006; the National Health Service (Scotland) Act 1978; the Health and Personal Social Services (Northern Ireland) Order 1972 ( S.I. 1972/1265 (N.I. 14)); the Health and Social Care (Reform) Act (Northern Ireland) 2009; “ nursing care ” (“ gofal nyrsio ”) means a service which involves either the provision of care or the planning, supervision or delegation of the provision of care, but does not include a service which, by its nature and in the circumstances in which it is to be provided, does not need to be provided by a registered nurse. Exception for provision of housing etc 48 A local authority may not meet an adult's needs for care and support (including a carer's needs for support) under sections 35 to 45 or discharge its duty under section 15 by doing anything which that authority or another local authority is required to do under— a the Housing (Wales) Act 2014 , or b any other enactment specified in regulations. Restrictions on provision of payments 49 1 A local authority may not provide payments to meet a person's needs for care and support or a carer's needs for support under sections 35 to 45 unless— a the payments are direct payments (see sections 50 to 53), b the authority considers— i that the person's needs are urgent, and ii that it would not be reasonably practicable to meet those needs in any other way, c the payments are provided under or by virtue of a contract, or d the payments are provided in circumstances specified in regulations. 2 A local authority may not provide payments in the discharge of its duty under section 15(1) unless— a the authority considers— i that the payments would achieve one or more of the purposes mentioned in section 15(2), and ii that it would not be reasonably practicable to achieve that purpose or those purposes in any other way, b the payments are provided under or by virtue of a contract which relates to the provision of services for the authority's area, or c the payments are provided in circumstances specified in regulations. Direct payments Direct payments to meet an adult's needs 50 1 Regulations may require or allow a local authority to make payments to a person towards the cost of meeting an adult's needs for care and support under section 35 or 36. 2 But regulations under subsection (1) may not require or allow such payments to be made unless condition 1 or 2 is met. 3 Condition 1 is that— a the payments are to be made to the adult who has needs for care and support (“A”), b A has, or the local authority believes that A has, capacity to consent to the making of the payments, c the local authority is satisfied that— i making the payments is an appropriate way of meeting A's needs, and ii A is capable of managing the payments (either by himself or herself or with the support that is available to A), and d A has consented to the making of the payments. 4 Condition 2 is that— a the adult who has needs for care and support (“A”) does not have, or the local authority believes that A does not have, capacity to consent to the making of the payments, b the payments are to be made to a person (“P”) other than A, c P is a suitable person, d the local authority is satisfied that— i making the payments is an appropriate way of meeting A's needs, ii P is capable of managing the payments (either by himself or herself or with the support that is available to P), and iii P will act in A's best interests in managing the payments, and e the necessary consent has been obtained to make the payments to P. 5 For the purposes of subsection (4)(c), P is a “suitable person”— a if P is authorised under the Mental Capacity Act 2005 (whether in general or specific terms) to make decisions about A's needs for care and support, b where P is not authorised as mentioned in paragraph (a), if a person who is so authorised agrees with the local authority that P is suitable to receive payments towards the cost of meeting A's needs for care and support, or c where P is not authorised as mentioned in paragraph (a) and there is no person who is so authorised, if the local authority considers that P is suitable to receive payments of that kind. 6 For the purposes of subsection (4)(e), the “ necessary consent ” means— a the consent of P, and b where P is a suitable person by virtue of subsection (5)(b), the consent of a person authorised under the Mental Capacity Act 2005 (whether in general or specific terms) to make decisions about A's needs for care and support. 7 A payment under this section is referred to in this Act as a “direct payment”. Direct payments to meet a child's needs 51 1 Regulations may require or allow a local authority to make payments to a person towards the cost of meeting a child's needs for care and support under section 37, 38 or 39. 2 But regulations under subsection (1) may not require or allow payments to be made unless conditions 1 to 4 are met. 3 Condition 1 is that the payments are to be made to a person (“P”) who is— a a person with parental responsibility for a child who has needs for care and support, or b a child who has needs for care and support. 4 Condition 2 is that— a where P is an adult or a child aged 16 or 17, P has, or the local authority believes that P has, capacity to consent to the making of the payments; b where P is a child aged under 16, the local authority is satisfied that P has sufficient understanding to make an informed decision about receiving direct payments. 5 Condition 3 is that the local authority is satisfied that— a making the payments is an appropriate way of meeting the child's needs, b the well-being of the child will be safeguarded and promoted by the making of the payments, and c P is capable of managing the payments (either by himself or herself or with the support that is available to P). 6 Condition 4 is that P has consented to the making of the payments. 7 A payment under this section is referred to in this Act as a “direct payment”. Direct payments to meet a carer's needs 52 1 Regulations may require or allow a local authority to make payments to a person towards the cost of meeting a carer's needs for support under section 40, 42 or 45. 2 But regulations under subsection (1) may not require or allow payments to be made unless conditions 1 to 4 are met. 3 Condition 1 is that the payments are to be made to the carer who has needs for support (“C”). 4 Condition 2 is that— a where C is an adult or a child aged 16 or 17, C has, or the local authority believes that C has, capacity to consent to the making of the payments; b where C is a child aged under 16, the local authority is satisfied that C has sufficient understanding to make an informed decision about receiving direct payments. 5 Condition 3 is that the local authority is satisfied that— a making the payments is an appropriate way of meeting C's needs, and b C is capable of managing the payments (either by himself or herself or with the support that is available to C). 6 Condition 4 is that C has consented to the making of the payments. 7 A payment under this section is referred to in this Act as a “direct payment”. Direct payments: further provision 53 1 Regulations under section 50, 51 or 52 may also make provision about the following matters (among other matters)— a the manner in which the amounts of the direct payments are to be determined; b the making of direct payments as gross payments or alternatively as net payments; c the determination of— i the financial resources of specified persons, and ii the amount (if any) that it would be reasonably practicable for those persons to pay by way of reimbursement (in the case of gross payments) or contribution (in the case of net payments); d matters to which a local authority may or must have regard when making a decision of a specified type about direct payments; e conditions which a local authority may or must attach, and conditions which it must not attach, in relation to direct payments; f steps which a local authority may or must take before, or after, making a decision of a specified type about direct payments; g support which a local authority must provide or arrange for persons to whom it makes direct payments; h cases or circumstances in which a local authority may act as an agent on behalf of a person to whom direct payments are made; i conditions subject to which, and the extent to which, a local authority's duty or power to meet a person's needs for care and support or a carer's needs for support is displaced by the making of direct payments; j cases or circumstances in which a local authority must not, or is allowed not to, make payments to a person or in relation to a person; k cases or circumstances in which a person who no longer lacks, or who the local authority believes no longer lacks, capacity to consent to the making of direct payments must or may nonetheless be treated for the purposes of sections 50 to 52 as lacking capacity to do so; l cases or circumstances in which a local authority making direct payments may or must review the making of those payments; m cases or circumstances in which a local authority making direct payments may or must— i terminate the making of those payments; ii require the repayment of the whole or part of a direct payment; n the recovery of any amount due to a local authority in connection with the making of direct payments. 2 In subsection (1)(b) and (c)— “ gross payments ” means direct payments— which are made at a rate that the local authority estimates to be equivalent to the reasonable cost of securing the provision of the care and support (or, in the case of carers, the support) in respect of which the payments are made, but which may be made subject to the condition that a person specified in regulations pays to the authority, by way of reimbursement, an amount or amounts determined under the regulations; “ net payments ” means direct payments— which are made on the basis that a person specified in regulations will pay an amount or amounts determined under the regulations by way of contribution towards the cost of securing the provision of the care and support (or, in the case of carers, the support) in respect of which the payments are made, and which are accordingly made at a rate below the rate the local authority estimates to be equivalent to the reasonable cost of securing the provision of that care and support (or, in the case of carers, that support) so as to reflect the contribution to be made by that person. 3 Regulations under section 50, 51 or 52 may make provision in relation to direct payments which corresponds to the provision which is made by, or may be made under, sections 59 to 67 or section 73. 4 For the purposes of subsection (3), provision corresponds to that which is made by or under sections 59 to 67 or section 73 if it makes, in relation to reimbursements or contributions, provision which is in the opinion of the Welsh Ministers equivalent in effect to the provision made by or under those sections in relation to charges for providing or arranging the provision of care and support (or, in the case of carers, support) to meet a person's needs. 5 Regulations under section 50, 51 or 52 must require a local authority to take specified steps to enable relevant persons to make informed choices about the use of direct payments. 6 In subsection (5) “ relevant persons ” means persons whose consent must be obtained to the making of direct payments under regulations made under section 50, 51 or 52. 7 Regulations under section 51 must specify that where direct payments are made to a person who receives a benefit falling within a specified category, the payments— a must be made at a rate that the local authority estimates to be equivalent to the reasonable cost of securing the provision of the care and support in respect of which the payments are made, and b must not be made subject to any condition that requires a person to pay any amount to the authority by way of reimbursement. 8 In subsection (7) “ benefit ” includes any allowance, payment, credit or loan. 9 A person to whom a local authority makes a direct payment may, subject to regulations made under section 50, 51 or 52, use the payment to purchase care and support (or, in the case of a carer, support) from any person (including, among others, the authority which made the payment). 10 A local authority may impose a reasonable charge for the provision of care and support (or, in the case of a carer, support) to meet needs in respect of which a direct payment has been made. 11 The ways in which a local authority may discharge its duty under section 117 of the Mental Health Act 1983 include by making direct payments; and for that purpose Schedule A1 (which includes modifications of sections 50 and 51 and this section) has effect. Plans Care and support plans and support plans 54 1 Where a local authority is required to meet the needs of a person under section 35 or 37, it must prepare and maintain a care and support plan in relation to that person. 2 Where a local authority is required to meet the needs of a carer under section 40 or 42, it must prepare and maintain a support plan in relation to that carer. 3 A local authority must keep under review the plans that it maintains under this section. 4 Where a local authority is satisfied that the circumstances of the person to whom a plan relates have changed in a way that affects the plan, the authority must— a carry out such assessments as it considers appropriate, and b revise the plan. 5 Regulations must make provision about— a how plans under this section are to be prepared; b what a plan is to contain; c the review and revision of plans. 6 Regulations under subsection (5)(c) must specify, in particular— a the persons who may request a review of a plan (on their own behalf or on behalf of another person); b the circumstances in which a local authority— i may refuse to comply with a request for a review of a plan, and ii may not refuse to do so. 7 When preparing, reviewing or revising a plan under this section, a local authority must involve— a in the case of a care and support plan relating to an adult, the adult and, where feasible, any carer that the adult has; b in the case of a care and support plan relating to a child, the child and any person with parental responsibility for the child; c in the case of a support plan relating to a carer, the carer and, where feasible, the person for whom the carer provides or intends to provide care. 8 The local authority may— a prepare, review or revise a plan under this section at the same time as it or another body is preparing, reviewing or revising another document in the case of the person concerned, and b include the other document in the plan. Regulations about care and support plans and support plans 55 Regulations under section 54(5) may, for example— a require plans to be in a specified form; b require plans to contain specified things; c make provision about further persons whom a local authority must involve in the preparation, review or revision of plans; d require plans to be prepared, reviewed or revised by specified persons; e confer functions on persons specified in the regulations in connection with the preparation, review or revision of plans; f specify persons to whom written copies of a plan must be provided (including, in specified cases, the provision of copies without the consent of the person to whom the plan relates); g specify further circumstances in which plans must be reviewed. Supplementary Portability of care and support 56 1 Where a local authority (“ the sending authority ”) is notified by or on behalf of a person in respect of whom it has a duty under section 35 or 37 to meet needs for care and support that the person is going to move to the area of another local authority (“ the receiving authority ”), and it is satisfied that the move is likely to happen, it must— a notify the receiving authority that it is so satisfied, and b provide the receiving authority with— i a copy of the care and support plan prepared for the person, and ii such other information relating to the person and, if the person has a carer, such other information relating to the carer as the receiving authority may request. 2 Where the receiving authority is notified by or on behalf of a person in respect of whom the sending authority has a duty under section 35 or 37 to meet needs for care and support that the person is going to move to the receiving authority's area, and the receiving authority is satisfied that the move is likely to happen, it must— a notify the sending authority that it is so satisfied, b provide the person and, if the person has a carer, the carer with such information as it considers appropriate, c if the person is a child, provide the persons with parental responsibility for the child with such information as it considers appropriate, and d assess the person under section 19 (if the person is an adult) or 21 (if the person is a child), having regard in particular to any change in the person's needs for care and support arising from the move. 3 If, on the day the person moves to its area, the receiving authority has yet to carry out the assessment required by subsection (2)(d), or has done so but has yet to carry out the other steps required by this Part or Part 5, it must meet the person's needs for care and support in accordance with the care and support plan prepared by the sending authority, in so far as that is reasonably practicable. 4 In carrying out the assessment required by subsection (2)(d), the receiving authority must have regard to the care and support plan provided under subsection (1)(b). 5 The receiving authority is subject to the duty under subsection (3) until it has— a carried out the assessment required by subsection (2)(d), and b taken the other steps required under this Part or Part 5. 6 Regulations may— a specify steps which a local authority must take to satisfy itself in respect of the matters mentioned in subsections (1) and (2); b specify matters to which a receiving authority must have regard in deciding how to comply with the duty under subsection (3); c specify cases in which the duties under subsection (1), (2) or (3) do not apply. 7 A reference in this section to moving to an area is a reference to moving to that area with a view to becoming ordinarily resident there. Cases where a person expresses preference for particular accommodation 57 1 Regulations may provide that where— a a local authority is going to meet needs under sections 35 to 38 or sections 40 to 45 by providing or arranging for the provision of accommodation of a specified type for a person, b the person concerned, or a person of a specified description, expresses a preference for particular accommodation of that type, and c specified conditions are met, the local authority must provide or arrange for the provision of the preferred accommodation. 2 The regulations may require the person concerned or a person of a specified description to pay some or all of the additional cost (if any) of the preferred accommodation in specified cases or circumstances. 3 In subsection (2) “ additional cost ” means the difference between— a the cost of providing or arranging the provision of the preferred accommodation, and b the cost that the local authority would usually expect to incur in providing or arranging the provision of suitable accommodation of that type to meet the needs of the person concerned. Protecting property of persons being cared for away from home 58 1 This section applies where— a a person is having needs for care and support met under section 35, 36, 37 or 38 in a way that involves the provision of accommodation , is admitted to hospital (or both), and b it appears to a local authority that there is a danger of loss or damage to movable property of the person's in the authority's area because— i the person is unable (whether permanently or temporarily) to protect or deal with the property, and ii no suitable arrangements have been or are being made. 2 The local authority must take reasonable steps to prevent or mitigate the loss or damage. 3 For the purpose of discharging that duty, the local authority— a may at all reasonable times and on reasonable notice enter any premises which the person was living in immediately before being provided with accommodation or admitted to hospital, and b may take any other steps which it considers reasonably necessary for preventing or mitigating loss or damage. 4 The local authority must ensure that the following requirements are satisfied before taking any steps under subsection (3)(a) or (b)— CASE 1 - where the local authority is satisfied that the person is— an adult or a child aged 16 or 17 who has capacity to consent to the taking of the steps, or a child aged under 16 who has sufficient understanding to make an informed decision about whether to consent to the taking of the steps, the local authority must obtain the person's consent to the taking of the steps; CASE 2 - where the local authority is satisfied that the person is an adult who lacks capacity to consent to the taking of the steps— the local authority must obtain consent to the taking of the steps from a person authorised under the Mental Capacity Act 2005 (whether in general or specific terms) to give consent on the adult's behalf, if any person is so authorised, or if there is no person so authorised, the local authority must be satisfied that the taking of the steps would be in the adult's best interests; CASE 3 - where the local authority is satisfied that the person is a child aged 16 or 17 who lacks capacity to consent to the taking of the steps— the local authority must obtain consent to the taking of the steps from a person authorised under the Mental Capacity Act 2005 (whether in general or specific terms) to give consent on the child's behalf, if any person is so authorised, or if there is no person so authorised, the local authority must obtain consent to the taking of the steps from a person with parental responsibility for the child; CASE 4 - where the local authority is satisfied that the person is a child aged under 16 who does not have sufficient understanding to make an informed decision about whether to consent to the taking of the steps, the local authority must obtain consent to the taking of the steps from a person with parental responsibility for the child. 5 The local authority must take reasonable steps to obtain any consent which may be needed under subsection (4). 6 Where the local authority is unable to ensure that the requirements in subsection (4) are satisfied, the local authority's duty under subsection (2) ceases to apply. 7 Where a local authority is proposing to exercise the power under subsection (3)(a) or (b), the officer it authorises to do so must, upon request, produce valid documentation setting out the authorisation to do so. 8 A person who, without reasonable excuse, obstructs the exercise of the power under subsection (3)(a) or (b)— a commits an offence, and b is liable on summary conviction to a fine not exceeding level 4 on the standard scale. 9 A local authority may recover whatever reasonable expenses it incurs under this section in relation to an adult's movable property from that adult. 10 An amount recoverable under subsection (9) is recoverable summarily as a civil debt (but this does not affect any other method of recovery). PART 5 CHARGING AND FINANCIAL ASSESSMENT Charging for meeting needs Power to impose charges 59 1 A local authority may require a person to pay a charge to the authority for providing or arranging the provision of care and support or (in the case of a carer) support under sections 35 to 45 to meet a person's needs. 2 A charge imposed under subsection (1) may cover only the cost that the local authority incurs in meeting the needs to which the charge applies. 3 But where a local authority is meeting needs because section 35(4)(b)(ii), 36, 38, 41(2), (4) or (6)(a)(i), 43(2) or (4)(a)(i) or 45 applies, it may require a person to pay a charge to the authority (in addition to any charge imposed under subsection (1)) for putting in place the arrangements for meeting those needs. 4 A local authority's power to impose a charge under this section is subject to— a the provision made in regulations under section 61 or 62 (if any), and b its duties under sections 63, 66 and 67 (if applicable). Persons upon whom charges may be imposed 60 1 This section describes the persons upon whom charges may be imposed under section 59. 2 A charge for providing or arranging the provision of care and support to meet an adult's needs, or for putting in place the arrangements for that care and support, may be imposed on that adult. 3 A charge for providing or arranging the provision of care and support to meet a child's needs, or for putting in place the arrangements for that care and support, may be imposed— a where the care and support is provided to a child, on an adult with parental responsibility for that child; b where the child's needs for care and support are being met by the provision of something to an adult, on that adult. 4 A charge for providing or arranging the provision of support to meet a carer's needs, or for putting in place the arrangements for that support, may be imposed— a where the support is provided to a carer who is an adult, on that carer; b where the support is provided to a carer who is a child, on an adult with parental responsibility for that carer; but this is subject to subsection (5). 5 Where a carer's needs for support are met by the provision of care and support to a person for whom the carer provides or intends to provide care, subsection (4) does not apply; a charge for providing or arranging the provision of that support, or for putting in place the arrangements for that support, may instead be imposed— a where the carer's needs for support are met by the provision of care and support to an adult, on that adult; b where the carer's needs for support are met by the provision of care and support to a child, on an adult with parental responsibility for that child. Regulations about the exercise of a power to impose a charge 61 1 Regulations may make provision for and in connection with the exercise of a power to impose a charge under section 59. 2 The regulations may (among other things) make provision about the amount of the charge which may be imposed under section 59(1); and the regulations may (in reliance on section 196(2)) do so, for example, by— a specifying a maximum amount which may be imposed for care and support or (in the case of carers) support of a specified type or for a specified combination of such things, or a formula or method for determining that maximum amount; b requiring a local authority to fix a charge for care and support or (in the case of carers) support of a specified type or for a specified combination of such things by reference to a specified period of time; c specifying, in the case of a charge referred to in paragraph (b), a maximum amount which may be imposed, or a formula or method for determining that maximum amount. 3 The regulations may also (among other things) make provision about the amount of the charge which may be imposed under section 59(3); and the regulations may (in reliance on section 196(2)) do so, for example, by specifying a maximum amount which may be imposed for putting arrangements in place— a in specified circumstances, or b for persons of a specified description. Regulations disapplying a power to impose a charge 62 Regulations may disapply a local authority's power to impose a charge under section 59(1) or (3) (and so may require a local authority to meet needs under sections 35 to 45 free of charge); the regulations may (in reliance on section 196(2) require a local authority to do so where, for example, the care and support, or (in the case of carers) the support— a is of a specified type; b is provided or arranged in specified circumstances; c is provided to, or arranged for, persons of a specified description; d is provided or arranged for a specified period only. Duty to carry out a financial assessment 63 1 This section applies in relation to a person on whom a local authority thinks it would impose a charge under section 59, were it to meet a person's needs for care and support or a carer's needs for support. 2 The local authority must assess the level of the person's financial resources in order to determine whether it would be reasonably practicable for the person to pay the standard charge (but this is subject to section 65). 3 In this Part “ standard charge ” means the amount that a local authority would charge under section 59 if no determination were made under section 66 as to a person's ability to pay that amount. 4 An assessment under this section is referred to in this Act as a “financial assessment”. Regulations about financial assessments 64 1 Regulations must make provision for and in connection with carrying out financial assessments. 2 The regulations must make provision for— a calculating income; b calculating capital. 3 The regulations may also make provision for the following matters (among other matters)— a the treatment, or non-treatment, of amounts of a specified type as income or as capital; b cases or circumstances in which a person is to be treated as having financial resources which exceed a specified level (which may include, for example, cases in which the person being assessed has failed to provide to a local authority, upon request, information or documents in the person's possession or under the person's control); c cases or circumstances in which a new financial assessment must or may be carried out. Regulations disapplying the duty to carry out a financial assessment 65 Regulations may make provision about circumstances in which a local authority is not required (despite section 63) to carry out a financial assessment. Determination as to a person's ability to pay a charge 66 1 Where a local authority has carried out a financial assessment— a the authority must determine, in light of the assessment, whether it would be reasonably practicable for the assessed person to pay the standard charge for the care and support or (in the case of carers) the support in respect of which a charge would be imposed on that person, and b if the authority determines that it would not be reasonably practicable for the assessed person to pay the standard charge, the authority must determine the amount (if any) that it would be reasonably practicable for that person to pay for that care and support or that support. 2 In this section “ the assessed person ” means the person whose financial resources have been assessed under section 63. 3 Regulations must make provision about the making of determinations under subsection (1). 4 The regulations must require a local authority to determine, in a case where the assessed person's financial resources (whether income, capital, or a combination of both) exceed a specified level, that it would be reasonably practicable for that person to pay the standard charge. 5 The level specified for the purposes of subsection (4) is referred to in this Act as “ the financial limit ”. 6 The regulations may require a local authority to determine that it would not be reasonably practicable for the assessed person to pay any amount for the care and support or (in the case of carers) the support that would reduce the person's income or capital below specified levels; and the regulations may, (in reliance on section 196(2)) specify different levels— a for income and for capital, b for different circumstances, and c for different descriptions of persons. 7 The regulations may also (among other things) make provision about cases or circumstances in which a local authority must or may replace a determination with a new determination. 8 A determination under subsection (1) has effect from a date that the local authority considers reasonable (which may be a date before that on which the determination was made); but this is subject to any provision made in regulations under subsection (9). 9 Regulations may make provision as to the date from which a determination under subsection (1) is to have effect (and may include provision for a determination to have effect from a date before that on which it was made). 10 Where a determination replaces an existing determination, the existing determination continues to have effect until the new determination has effect. 11 For the purposes of subsection (10), a determination replaces an existing determination if it relates to the same person and the same care and support or (in the case of carers) support. Duty to give effect of determination as to ability to pay a charge 67 1 A local authority must give effect to a determination under section 66 in imposing charges under section 59. 2 But regulations may make provision about circumstances in which the duty under subsection (1) does not apply. Deferred payment agreements 68 1 Regulations may specify cases or circumstances in which, or conditions subject to which, a local authority may or must enter into a deferred payment agreement with a person who is required (or is going to be required) to pay a charge under section 59. 2 A deferred payment agreement is an agreement under which— a the local authority agrees not to require payment of the person's required amount until the time specified in or determined in accordance with the regulations, and b the person agrees to give the local authority a charge over the person's interest in his or her home to secure payment of the person's required amount. 3 The person's required amount is so much of the charge that the person is required (or is going to be required) to pay under section 59 as is specified in or determined in accordance with the regulations. 4 The regulations may require or permit the local authority to charge— a interest on the person's required amount; b such amount relating to the local authority's administrative costs as is specified in or determined in accordance with the regulations; c interest on an amount charged under paragraph (b). 5 The regulations may provide for interest referred to in subsection (4)(a) to be charged by means of an obligation in the deferred payment agreement and to be treated in the same way as the person's required amount. 6 The regulations may— a specify costs which are, or which are not, to be regarded as administrative costs for the purposes of subsection (4)(b); b provide for an amount referred to in subsection (4)(b) or for interest referred to in subsection (4)(c) to be charged by means of an obligation in the deferred payment agreement and to be treated in the same way as the person's required amount. 7 The local authority may not charge interest under regulations made under subsection (4) at a rate that exceeds the rate specified in or determined in accordance with the regulations. 8 The regulations must make provision about the duration of the agreement and for its termination by either party; the regulations must, among other things, enable the person to terminate it and the charge to which it gives effect by— a giving the local authority notice, and b paying the authority the full amount for which the person is liable with respect to the person's required amount and any amount charged under regulations made by virtue of subsection (4). 9 The regulations may make provision as to the rights and obligations of the local authority and the person where the person disposes of the interest to which the agreement relates and acquires an interest in another property in Wales or England; the regulations may, for example, make provision— a for the local authority not to require payment of the amounts referred to in subsection (8)(b) until a time specified in or determined in accordance with the regulations, and b for the person to give the local authority a charge over his or her interest in the other property. 10 A reference to a person's home is a reference to the property which the person occupies as his or her only or main residence; and a reference to a person's interest in a property is a reference to the person's legal or beneficial interest in that property. 11 Regulations may apply this section, with or without modifications, for the purpose of enabling a person to agree to give a charge over the person's interest in a property in Wales or England which he or she used to occupy as his or her only or main residence. Charging for preventative services and assistance Charging for preventative services and assistance 69 1 Regulations may make provision about charges for— a services provided under section 15; b assistance provided under section 17. 2 But the regulations may not make provision— a which enables a charge to be imposed for services or assistance in respect of which a charge has been imposed under section 59, b which enables a charge to cover anything other than the cost incurred in providing the services or assistance to which the charge relates, or c which enables a charge to be imposed on a child. Enforcement of debts Recovery of charges, interest etc 70 1 Any amount due to a local authority under this Part is recoverable by the authority as a debt due to it. 2 But subsection (1) does not apply in a case where a deferred payment agreement could be entered into, in accordance with regulations under section 68, unless— a the local authority has sought to enter into such an agreement with the person from whom the amount is due, and b that person has refused. 3 An amount recoverable by a local authority under subsection (1) is recoverable summarily as a civil debt (but this does not affect any other method of recovery). 4 An amount is recoverable under this section within six years of the date on which the amount becomes due to the local authority. 5 Where a person mentioned in subsection (6) misrepresents or fails to disclose (whether fraudulently or otherwise) to a local authority any material fact in connection with the provisions of this Part, the following amounts are due to the authority from that person— a any expenditure incurred by the authority as a result of the misrepresentation or failure, and b any amount recoverable under this section which the authority has not recovered as a result of the misrepresentation or failure. 6 The persons are— a an adult— i who appears to the local authority to have needs for care and support or (in the case of a carer) support under Part 3, and ii who has capacity to understand whether a fact may be material in connection with the provisions of this Part; b an adult— i to whom something is provided in order to meet another person's needs for care and support or (in the case of a carer) support under Part 3, and ii who has capacity to understand whether a fact may be material in connection with the provisions of this Part; c an adult of a description specified in regulations in relation to care and support or (in the case of a carer) support which appears to the local authority to be needed by— i a child, or ii an adult who does not have capacity to understand whether a fact may be material in connection with the provisions of this Part. 7 The reasonable costs incurred by a local authority in recovering or seeking to recover an amount due to it under this Part are recoverable by the authority as a debt due to it; and subsection (3) applies to the recovery of those costs as if they were amounts to which subsection (1) applies. 8 Regulations may— a make provision for determining the date on which an amount becomes due to a local authority for the purposes of this section; b specify cases or circumstances in which an amount due to a local authority under this Part is not recoverable by it under this section; c specify cases or circumstances in which a local authority may charge interest on an amount (including any costs recoverable by the authority under subsection (7)) due to it under this Part; d where interest is chargeable, provide that it— i must be charged at a rate that exceeds the rate specified in or determined in accordance with the regulations; ii may not be charged at a rate that exceeds the rate specified in or determined in accordance with the regulations. Creation of a charge over an interest in land 71 1 Where a person— a fails to pay to a local authority an amount that is recoverable by the authority under this Part, and b has a legal or beneficial interest in land in Wales or England, the local authority may create a charge in its favour over the person's interest in the land to secure payment of that amount. 2 Where the person has interests in more than one parcel of land, the local authority may create the charge over whichever one of those interests it chooses. 3 The charge may be in respect of any amount that is recoverable by the local authority under this Part; but this is subject to subsection (4). 4 Where the charge is created over the interest of an equitable joint tenant in land, the amount of the charge must not exceed the value of the interest that the person would have in the land if the joint tenancy were severed (but the creation of the charge does not sever the joint tenancy). 5 On the death of an equitable joint tenant in land whose interest in the land is subject to a charge under this section, the following persons' interests in land become subject to a charge— a if there are surviving joint tenants, their interests in the land; b if the land vests in one person, or one person is entitled to have it vested in himself or herself, that person's interest in the land. 6 The amount of the charge created under subsection (5) must not exceed the amount of the charge to which the interest of the deceased joint tenant was subject. 7 A charge under this section must be created by a declaration in writing made by the local authority. 8 A charge under this section, other than a charge over the interest of an equitable joint tenant in land— a in the case of unregistered land, is a Class B land charge within the meaning of section 2 of the Land Charges Act 1972; b in the case of registered land, is a registrable charge taking effect as a charge by way of legal mortgage. 9 Where an amount is charged over a person's interest in land under this section, interest is chargeable upon that amount from the day on which the person mentioned in subsection (1) dies. 10 The rate of interest chargeable under subsection (9) is— a a rate specified in or determined in accordance with regulations, or b if no regulations are made, a rate determined by the local authority. Transfer of assets to avoid charges 72 1 This section applies in a case where the needs of a person (“P”) have been or are being met by a local authority under sections 35 to 42 or section 45 and where— a a person (“ the transferor ”) (who may be P but need not be so) has transferred an asset to another person (a “transferee”), b the transfer was undertaken with the intention of avoiding charges for having P's needs met, and c either the consideration for the transfer was less than the value of the asset or there was no consideration for the transfer. 2 The transferee is liable to pay to the local authority an amount equal to the difference between— a the amount the authority would have charged the transferor were it not for the transfer of the asset, and b the amount it did in fact charge the transferor. 3 But the transferee is not liable to pay to the authority an amount which exceeds the benefit accruing to the transferee from the transfer. 4 Where an asset has been transferred to more than one transferee, the liability of each transferee is in proportion to the benefit accruing to that transferee from the transfer. 5 In this section “ asset ” means anything which may be taken into account for the purposes of a financial assessment. 6 The value of an asset (other than cash) is the amount which would have been realised if it had been sold on the open market by a willing seller at the time of the transfer, with a deduction for— a the amount of any encumbrance on the asset, and b a reasonable amount in respect of the expenses of the sale. 7 Regulations may specify cases or circumstances in which liability under subsection (2) does not arise. Reviews Reviews relating to charging 73 1 Regulations must make provision for and in connection with the review of— a charges imposed under section 59, b determinations made under section 66, and c decisions relating to the liability of a transferee to pay an amount to a local authority under section 72. 2 The regulations may (among other things) make provision about— a the persons who may request a review (on their own behalf or on behalf of another person); b the circumstances and the manner in which a review may be requested; c the period within which a request must be made; d the procedure to be followed, and the steps to be taken, in connection with a review; e the description of persons who may make a decision following the review; f the effect of a decision of that kind. PART 6 LOOKED AFTER AND ACCOMMODATED CHILDREN Interpretation Child or young person looked after by a local authority 74 1 In this Act, a reference to a child who is looked after by a local authority is a reference to a child who is— a in its care, or b provided with accommodation by the authority in the exercise of any functions which are social services functions, apart from functions under section 15, Part 4, or section 109, 114 or 115. 2 In subsection (1), “ accommodation ” means accommodation which is provided for a continuous period of more than 24 hours. 3 In this Part, a reference to a young person being looked after by a local authority is a reference to a young person being looked after by the authority while he or she is or was a child. Accommodation duties General duty of local authority to secure sufficient accommodation for looked after children 75 1 A local authority must take steps that secure, so far as reasonably practicable, that the local authority is able to provide the children mentioned in subsection (2) with accommodation that— a is within the authority's area, and b meets the needs of those children. 2 The children referred to in subsection (1) are those— a that the local authority is looking after, b in respect of whom the authority is unable to make arrangements under section 81(2), and c whose circumstances are such that it would be consistent with their well-being for them to be provided with accommodation that is in the authority's area. 3 In discharging its duty under subsection (1), the local authority must have regard to the benefit of having— a a number of accommodation providers in its area that is, in the authority's opinion, sufficient to discharge its duty, and b a range of accommodation in its area capable of meeting different needs that is, in its opinion, sufficient to discharge its duty. 4 In this section “ accommodation providers ” means— a local authority foster parents, and b children's homes. Accommodation for children without parents or who are lost or abandoned etc 76 1 A local authority must provide accommodation for any child within its area who appears to the authority to require accommodation as a result of— a there being no person who has parental responsibility for the child, b the child being lost or having been abandoned, or c the person who has been caring for the child being prevented (whether or not permanently, and for whatever reason) from providing the child with suitable accommodation or care. 2 Where a local authority provides accommodation under subsection (1) for a child who is ordinarily resident in the area of another local authority, that other local authority may take over the provision of accommodation for the child within— a three months of being notified in writing that the child is being provided with accommodation, or b such other longer period as may be specified. 2A Where a local authority in England provides accommodation under section 20(1) of the Children Act 1989 (provision of accommodation for children: general) for a child who is ordinarily resident in the area of a local authority in Wales, that local authority in Wales may take over the provision of accommodation for the child within— a three months of being notified in writing that the child is being provided with accommodation, or b such other longer period as may be specified. 3 A local authority must provide accommodation for any child within its area who has reached the age of 16 and whose well-being the authority considers is likely to be seriously prejudiced if it does not provide the child with accommodation. 4 A local authority may not provide accommodation under this section for any child if any person objects who— a has parental responsibility for the child, and b is willing and able to— i provide accommodation for the child, or ii arrange for accommodation to be provided for the child. 5 Any person who has parental responsibility for a child may at any time remove the child from accommodation provided by or on behalf of a local authority under this section. 6 Subsections (4) and (5) do not apply while any person— a named in a child arrangements order (that is in force) as a person with whom the child is to live, b who is a special guardian of the child, or c who has care of the child by virtue of an order made in the exercise of the High Court's inherent jurisdiction with respect to children, agrees to the child being looked after in accommodation provided by or on behalf of the local authority. 7 Where there is more than one such person as is mentioned in subsection (6), all of them must agree. 8 Subsections (4) and (5) do not apply where a child who has reached the age of 16 agrees to being provided with accommodation under this section. Accommodation for children in police protection or detention or on remand etc 77 1 A local authority must make provision for the reception and accommodation of children who are removed or kept away from home under Part 5 of the Children Act 1989. 2 A local authority must receive, and provide accommodation for, children— a in police protection whom it is requested to receive under section 46(3)(f) of the Children Act 1989; b whom it is requested to receive under section 38(6) of the Police and Criminal Evidence Act 1984; c with respect to whom it is the designated authority and who are— i remanded to accommodation provided by or on behalf of a local authority by virtue of paragraph 5 of Schedule 4 or paragraph 7 of Schedule 5 to the Sentencing Code (breach etc of referral orders and reparation orders); ii remanded to accommodation provided by or on behalf of a local authority by virtue of paragraph 25 of Schedule 7 to that Code (breach etc of youth rehabilitation orders); iii remanded to accommodation provided by or on behalf of a local authority by virtue of paragraph 10 of the Schedule to the Street Offences Act 1959 (breach of orders under section 1(2A) of that Act); iv the subject of a youth rehabilitation order imposing a local authority residence requirement or a youth rehabilitation order with fostering. 3 In subsection (2)— “ local authority residence requirement ” has the meaning given by paragraph 24 of Schedule 6 to the Sentencing Code; “ youth rehabilitation order ” has the meaning given by section 173 of that Code; “ youth rehabilitation order with fostering ” has the meaning given by section 176 of that Code. 4 Subsection (5) applies where— a a child has been— i removed under Part 5 of the Children Act 1989, or ii detained under section 38 of the Police and Criminal Evidence Act 1984, and b the child is not being provided with accommodation— i by a local authority or local authority in England , or ii in a hospital vested in the Welsh Ministers, an NHS Trust, an NHS Foundation Trust or the Secretary of State, or otherwise made available pursuant to arrangements made by a Local Health Board, an NHS Trust, an NHS Foundation Trust, the Welsh Ministers, the Secretary of State, NHS England or an integrated care board . 5 Any reasonable expenses of accommodating the child are recoverable from the local authority or local authority in England in whose area the child is ordinarily resident. Duties of local authorities in relation to looked after children Principal duty of a local authority in relation to looked after children 78 1 A local authority looking after any child must— a safeguard and promote the child's well-being, and b make such use of services available for children cared for by their own parents as appears to the authority reasonable in the child's case. 2 The duty of a local authority under subsection (1)(a) to safeguard and promote the well-being of a child looked after by it includes, for example— a a duty to promote the child's educational achievement; b a duty— i to assess from time to time whether the child has care and support needs which meet the eligibility criteria set under section 32, and ii if the child has needs which meet the eligibility criteria, to at least meet those needs. 3 Before making any decision with respect to a child whom it is looking after, or proposing to look after, a local authority must (in addition to the matters set out in sections 6(2) and (4) and 7(2) (other overarching duties)) have regard to— a the views, wishes and feelings of any person whose views, wishes and feelings the authority considers to be relevant; b the child's religious persuasion, racial origin and cultural and linguistic background. 4 If it appears to a local authority that it is necessary, for the purpose of protecting members of the public from serious injury, to exercise its powers with respect to a child whom it is looking after in a manner which may not be consistent with its duties under this section or section 6, it may do so. Provision of accommodation for children in care 79 When a child is in the care of a local authority, the authority must provide the child with accommodation. Maintenance of looked after children 80 A local authority must maintain a child it is looking after in other respects apart from the provision of accommodation. Ways in which looked after children are to be accommodated and maintained 81 1 This section applies where a local authority is looking after a child (“C”). 2 The local authority must make arrangements for C to live with a person who falls within subsection (3), but this is subject to subsections (4) and (11). 3 A person (“P”) falls within this subsection if— a P is a parent of C, b P is not a parent of C but has parental responsibility for C, or c in a case where C is in the care of the local authority and there was a child arrangements order in force with respect to C immediately before the care order was made, P was named in the child arrangements order as a person with whom the child was to live . 4 Subsection (2) does not require the local authority to make arrangements of the kind mentioned in that subsection if doing so— a would not be consistent with C's well-being, or b would not be reasonably practicable. 5 If the local authority is unable to make arrangements under subsection (2), it must place C in the placement that is, in its opinion, the most appropriate placement available (but this is subject to subsection (11)). 6 In subsection (5) “ placement ” means— a placement with an individual who is a relative, friend or other person connected with C and who is also a local authority foster parent, b placement with a local authority foster parent who does not fall within paragraph (a), c placement in a children's home, or d subject to section 82, placement in accordance with other arrangements that comply with any regulations made for the purposes of this section. 7 In determining the most appropriate placement for C under subsection (5), the local authority must, subject to the other provisions of this Part (in particular, to its duties under section 78)— a give preference to a placement falling within paragraph (a) of subsection (6) over placements falling within the other paragraphs of that subsection, b comply, so far as is reasonably practicable in all the circumstances of C's case, with the requirements of subsection (8), and c comply with subsection (9) unless it is not reasonably practicable to do so. 8 The local authority must ensure that the placement is such that— a it allows C to live near C's home; b it does not disrupt C's education or training; c if C has a sibling for whom the local authority is also providing accommodation, it enables C and the sibling to live together; d if C is disabled, the accommodation provided is suitable to C's particular needs. 9 The placement must be such that C is provided with accommodation within the local authority's area. 10 Subsection (11) applies where— a the local authority is satisfied that C ought to be placed for adoption and proposes to place C for adoption with a particular prospective adopter (“A”), b an adoption agency has determined that A is suitable to adopt a child, and c the local authority is not authorised to place C for adoption. 11 The local authority must place C with A, unless in its opinion it would be more appropriate— a to make arrangements for C to live with a person falling within subsection (3), or b to place C in a placement of a description mentioned in subsection (6). 12 For the purposes of subsection (10)— a “ adoption agency ” has the meaning given by section 2 of the Adoption and Children Act 2002; b a local authority is authorised to place C for adoption only if it has been authorised to do so under— i section 19 of that Act (placing children with parental consent), or ii a placement order made under section 21 of that Act. 13 The local authority may determine— a the terms of any arrangements it makes under subsection (2) in relation to C (including terms as to payment), and b the terms on which it places C with a local authority foster parent under subsection (5) or with a prospective adopter under subsection (11) (including terms as to payment but subject to any order made under section 49 of the Children Act 2004). Review of child's case before making alternative arrangements for accommodation 82 1 Where a local authority is providing accommodation for a child (“C”) other than in accordance with arrangements falling within section 81(6)(d), it must not make such arrangements for C unless it has decided to do so in consequence of a review of C's case carried out in accordance with regulations made under section 102 (review of cases and inquiries into representations). 2 But subsection (1) does not prevent a local authority making arrangements for C under section 81(6)(d) if it is satisfied that in order to safeguard C's well-being it is necessary— a to make such arrangements, and b to do so as a matter of urgency. Care and support plans 83 1 Where a child becomes looked after by a local authority, any care and support plan prepared under section 54 in relation to that child must be— a reviewed, and b maintained under this section. 2 Where a child who does not have a care and support plan under section 54 becomes looked after by a local authority, the local authority must prepare and maintain a care and support plan in relation to that child. 2A A care and support plan for a child must include a record of the arrangements made to meet the child's needs in relation to education and training (a “personal education plan”). 2B But subsection (2A) does not apply to a child if he or she is within a category of looked after child prescribed in regulations, for whom no personal education plan is to be prepared. 2C If— a a child has additional learning needs, and b the child's care and support plan includes a personal education plan, any individual development plan maintained for the child under section 19 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018 must be incorporated within the personal education plan. 2D For the purposes of subsection (2C)— a a “ child ” means a person not over compulsory school age (within the meaning given by section 8 of the Education Act 1996 (c. 56)); b “ additional learning needs ” has the meaning given by section 2 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018. 3 A local authority must keep a care and support plan under review . 4 Where a local authority is satisfied that the circumstances of the child to whom a care and support plan relates have changed in a way that affects the plan, the authority must— a carry out such assessments as it considers appropriate, and b revise the plan. 5 Subject to the provisions of Part 2 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018, regulations must make provision about— a how care and support plans are to be prepared; b what a care and support plan is to contain (including what a personal education plan is to contain) ; c the review and revision of care and support plans . 6 Regulations under subsection (5)(c) must specify, in particular— a the persons who may request a review of a plan (on their own behalf or on behalf of another person); b the circumstances in which a local authority— i may refuse to comply with a request for a review of a plan, and ii may not refuse to do so. 7 When preparing, reviewing or revising a care and support plan , a local authority must involve the child to whom the plan relates and any person with parental responsibility for the child. 8 The local authority may— a prepare, review or revise a care and support plan at the same time as it or another body is preparing, reviewing or revising another document in the case of the child concerned, and b include the other document in the plan. 9 Any part of a care and support plan which meets the requirements imposed by or under section 31A of the Children Act 1989 may be treated for the purposes of that Act as a plan prepared under section 31A of that Act. 10 References in subsections (2A) to (9) to a care and support plan are to be interpreted as references to a care and support plan prepared or maintained under this section. Regulations about care and support plans 84 Regulations under section 83 may, for example— a require plans to be in a specified form; b require plans to contain specified things; c make provision about further persons whom a local authority must involve in the preparation, review or revision of plans; d require plans to be prepared, reviewed or revised by specified persons; e confer functions on persons specified in the regulations in connection with the review or revision of plans; f specify persons to whom written copies of a plan must be provided (including, in specified cases, the provision of copies without the consent of the person to whom the plan relates); g specify further circumstances in which plans must be reviewed. Contributions towards maintenance of looked after children 85 Schedule 1 makes provision about contributions towards the maintenance of children looked after by local authorities. ... Homes provided, equipped and maintained by Welsh Ministers or Secretary of State 86 Where a local authority places a child it is looking after in a ... home provided, equipped and maintained by the Welsh Ministers or the Secretary of State under section 82(5) of the Children Act 1989, it must do so on such terms and conditions as the Welsh Ministers or the Secretary of State (as the case may be) may from time to time determine. Regulations about looked after children Regulations about looked after children 87 Regulations may make further provision about children looked after by local authorities. Regulations about conditions under which a child in care is allowed to live with a parent etc 88 Regulations under section 87 may, for example, impose requirements on a local authority as to— a the making of any decision to allow a child in its care to live with any person falling within section 81(3) (including requirements as to those who must be consulted before the decision is made and those who must be notified when it has been made); b the supervision or medical examination of the child concerned; c the removal of the child, in such circumstances as may be specified in regulations, from the care of the person with whom the child has been allowed to live; d the records to be kept by the local authority. Regulations about placements of a kind mentioned in section 81(6)(d) 89 1 Regulations under section 87 may, for example, make provision as to placements of the kind mentioned in section 81(6)(d). 2 Regulations under subsection (1) may, for example, make provision as to— a the persons to be notified of any proposed arrangements; b the opportunities such persons are to have to make representations in relation to the arrangements proposed; c the persons to be notified of any proposed changes in the arrangements; d the records to be kept by local authorities; e the supervision by local authorities of any arrangements made. Regulations about placements out of area 90 Regulations under section 87 may, for example, impose requirements that a local authority must comply with— a before a child looked after by it is provided with accommodation at a place outside the area of the authority, or b if the child's well-being requires the immediate provision of such accommodation, within such period of the accommodation being provided as may be specified. Regulations about the avoidance of disruption in education 91 1 Regulations under section 87 may, for example, impose requirements that a local authority must comply with before making any decision concerning a relevant child's placement if he or she is in the fourth key stage . 1A In subsection (1), a “ relevant child ” means a child who— a is a pupil at a maintained school, b has completed the school year in which the majority of pupils in the child’s class attained the age of 14, and c is still of compulsory school age. 2 A child is “in the fourth key stage” if the child is a pupil in the fourth key stage for the purposes of Part 7 of the Education 2002 (see section 103 of that Act). In subsection (1A)— a “pupil”, “school year” and “compulsory school age” have the meaning given by the Education Act 1996; b “ maintained school ” has the meaning given by section 79 of the Curriculum and Assessment (Wales) Act 2021; c “ the child’s class ” means— i the teaching group in which the child is regularly taught at school, or ii where there are two or more such groups, the group designated by the head teacher of the child’s school. Regulations about the placing of children with local authority foster parents and prospective adopters 92 1 Regulations under section 87 may, for example, make provision— a with regard to the well-being of children placed with local authority foster parents or prospective adopters; b as to the arrangements to be made by local authorities in connection with the health and education of such children; c as to the records to be kept by local authorities; d for securing that where possible the local authority foster parent or prospective adopter with whom a child is to be placed— i is of the same religious persuasion as the child, or ii gives an undertaking that the child will be brought up in that religious persuasion; e for securing that children placed with local authority foster parents or prospective adopters, and the premises in which they are accommodated, will be supervised and inspected by a local authority and that the children will be removed from those premises if their well-being appears to require it. 2 In this section “ prospective adopter ” means a person with whom a child is placed under section 81(11). Regulations providing for approval of local authority foster parents 93 1 Regulations under section 87 may, for example, make provision— a for securing that a child is not placed with a local authority foster parent unless that person is for the time being approved as a local authority foster parent by such local authority or other persons as may be specified; b establishing a procedure under which any person in respect of whom a qualifying determination has been made may apply to the Welsh Ministers for a review of that determination by a panel constituted by the Welsh Ministers. 2 A determination is a qualifying determination if— a it relates to the issue of whether a person should be approved, or should continue to be approved, as a local authority foster parent, and b it is of a specified description. 3 Regulations made under subsection (1)(b) may include provision as to— a the duties and powers of a panel; b the administration and procedures of a panel; c the appointment of members of a panel (including the number, or any limit on the number, of members who may be appointed and any conditions for their appointment); d the payment of fees to members of a panel; e the duties of any person in connection with a review conducted under the regulations; f the monitoring of any such reviews. 4 Regulations made by virtue of subsection (3)(e) may impose a duty to pay to the Welsh Ministers such amount as the Welsh Ministers may determine; but such a duty may not be imposed upon a person who has applied for a review of a qualifying determination. 5 The Welsh Ministers must secure that, taking one financial year with another, the aggregate of the amounts which become payable to them under regulations made by virtue of subsection (4) does not exceed the cost to them of performing their independent review functions. 6 The Welsh Ministers may make an arrangement with an organisation under which independent review functions are performed by the organisation on their behalf. 7 If the Welsh Ministers make such an arrangement with an organisation, the organisation must perform their functions under the arrangement in accordance with any general or specific direction given by the Welsh Ministers. 8 The arrangement may include provision for payments to be made to the organisation by the Welsh Ministers. 9 Payments made by the Welsh Ministers in accordance with such provision are to be taken into account in determining (for the purpose of subsection (5)) the cost to the Welsh Ministers of performing their independent review functions. 10 A direction under subsection (7)— a must be in writing; b may be varied or revoked by a later direction. 11 In this section— “ financial year ” (“ blwyddyn ariannol ”) means a period of twelve months ending with 31 March; “ independent review function ” (“ swyddogaeth adolygu annibynnol ”) means a function conferred or imposed on the Welsh Ministers by regulations made by virtue of subsection (1)(b); “ organisation ” (“ sefydliad ”) includes the Secretary of State, a public body and a private or voluntary organisation. Regulations about agency arrangements 94 Regulations under section 87 may, for example, make provision as to the circumstances in which a local authority may make arrangements for duties imposed on it by the regulations to be discharged on its behalf. Regulation of local authority functions relating to looked after and accommodated children Regulation of the exercise of local authority functions relating to looked after and accommodated children 94A 1 Regulations may make provision about the exercise by local authorities of functions conferred on them by— a section 81 (ways in which looked after children are to be accommodated and maintained), or b regulations made under section 87 (regulations about looked after children) making provision such as is mentioned in section 92(1), 93 or 94. 2 Regulations under subsection (1) may, for example, include provision— a as to the persons who are fit to work for local authorities in connection with the exercise of those functions, b as to the fitness of premises to be used by local authorities in exercising those functions, c as to the management and control of the exercise of those functions, d as to the number of persons, or persons of a particular type, working for local authorities in connection with the exercise of those functions, e as to the management and training of such persons, and f as to the fees or expenses which may be paid to persons assisting local authorities in making decisions in the exercise of those functions. 3 Regulations under subsection (2)(a) may, in particular, make provision specifying that a person is not fit to work for a local authority in such position as may be specified if the person is not registered in, or in a particular part of, the register kept under section 80 of the Regulation and Inspection of Social Care (Wales) Act 2016 (registration of social care workers). Offence of contravening regulations under section 94A 94B 1 Regulations may provide that it is an offence for a person to contravene or fail to comply with a specified provision of regulations made under section 94A. 2 A person guilty of an offence under regulations made under subsection (1) is liable— a on summary conviction, to a fine, or to imprisonment for a term not exceeding 6 months, or to both; b on conviction on indictment, to a fine, or to imprisonment for a term not exceeding 2 years, or to both. 3 Sections 53 (offences by bodies corporate), 54 (offences by unincorporated bodies) and 55 (proceedings for offences) of the Regulation and Inspection of Social Care (Wales) Act 2016 apply to an offence under regulations made under subsection (1) as they apply to offences under Part 1 of that Act. Contact and visits Promotion and maintenance of contact between child and family 95 1 Where a child is being looked after by a local authority, the authority must, unless it is not reasonably practicable or consistent with the child's well-being, promote contact between the child and— a the child's parents, b any person who is not a parent of the child but who has parental responsibility for the child, and c any relative, friend or other person connected with the child. 2 Where a child is being looked after by a local authority, the authority must take such steps as are reasonably practicable to secure that the following persons are kept informed of where the child is being accommodated— a the child's parents; b any person who is not a parent of the child but who has parental responsibility for the child. 3 Every person mentioned in subsection (2)(a) or (b) must secure that the authority is kept informed of his or her address. 4 Where a local authority (“ the receiving authority ”) takes over the provision of accommodation for a child from a local authority or a local authority in England under section 76 (“the transferring authority”) — a the receiving authority must (where reasonably practicable) inform— i the child's parents, and ii any person who is not a parent of the child but who has parental responsibility for the child, b subsection (2) applies to the transferring authority, as well as to the receiving authority, until at least one of the persons mentioned in paragraph (a) or (b) of that subsection has been informed of the change, and c subsection (3) does not require any person to inform the receiving authority of his or her address until that person has been informed under paragraph (a). 5 Nothing in this section requires a local authority to inform a person of the whereabouts of a child, other than a child aged under 16 who is being accommodated under section 76, if the authority has reasonable cause to believe that informing the person would prejudice the child's well-being. 6 Any person who fails, without reasonable excuse, to comply with subsection (3) is guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale. Family visits to or by children: expenses 96 1 This paragraph applies where— a a child is being looked after by a local authority, and b the conditions mentioned in subsection (4) are satisfied. 2 The authority may make payments in respect of travelling, subsistence or other expenses incurred by the following persons in visiting the child— a a parent of the child, b any person who is not a parent of the child but who has parental responsibility for the child, or c any relative, friend or other person connected with the child. 3 The authority may make payments to the child, or to any person on the child's behalf, in respect of travelling, subsistence or other expenses incurred by or on behalf of the child in visiting the persons mentioned in paragraphs (a) to (c) of subsection (2). 4 The conditions are that— a it appears to the authority that the visit in question could not otherwise be made without undue financial hardship, and b the circumstances warrant the making of the payments. Duty of local authority to ensure visits to, and contact with, looked after children and other children 97 1 This section applies to— a a child looked after by a local authority; b a child who was looked after by a local authority but who has ceased to be looked after by the authority as a result of circumstances specified in regulations; c a child who falls within a category specified in regulations. 2 Regulations specifying a category for the purpose of subsection (1)(c) must also specify the local authority which must discharge the duties imposed by or under this section in relation to a child who falls within the specified category. 3 The local authority must— a ensure that a child to whom this section applies is visited by a representative of the authority (“a representative”); b arrange for appropriate advice and other support to be available to a child to whom this section applies. 4 The duties imposed by subsection (3)— a are to be discharged in accordance with any regulations made for the purposes of this section; b are subject to any requirement imposed by or under an enactment applicable to the place in which the child to whom this section applies is accommodated. 5 Regulations under this section may, for the purposes of subsection (4)(a), make provision about— a the frequency of visits; b circumstances in which a child to whom this section applies must be visited by a representative; c the functions of a representative. 6 In choosing a representative, a local authority must satisfy itself that the person chosen has the necessary skills and experience to perform the functions of a representative. Independent visitors for looked after children 98 1 A local authority looking after a child must appoint an independent person to be the child's visitor if— a the child falls within a category specified in regulations, or b in any other case, it appears to the authority that it would be in the child's interests to do so. 2 A person appointed under this section must visit, befriend and advise the child. 3 A person appointed under this section is entitled to recover from the appointing authority any reasonable expenses incurred by that person for the purposes of that person's functions under this section. 4 A person's appointment as a visitor in pursuance of this section comes to an end if— a the child ceases to be looked after by the local authority, b the person resigns the appointment by giving notice in writing to the appointing authority, or c the authority gives the person notice in writing that it has terminated the appointment. 5 The ending of such an appointment does not affect any duty under this section to make a further appointment. 6 Where a local authority proposes to appoint a visitor for a child under this section, the appointment must not be made if— a the child objects to it, and b the authority is satisfied that the child has sufficient understanding to make an informed objection. 7 Where a visitor has been appointed for a child under this section, the local authority must terminate the appointment if— a the child objects to its continuing, and b the authority is satisfied that the child has sufficient understanding to make an informed objection. 8 If the local authority gives effect to a child's objection under subsection (6) or (7) and the objection is to having anyone as the child's visitor, the authority does not have to propose to appoint another person under subsection (1) until the objection is withdrawn. 9 Regulations may provide for the circumstances in which a person is to be regarded for the purposes of this section as being independent of the appointing local authority. Review of cases Appointment of independent reviewing officer 99 1 If a local authority is looking after a child, it must appoint an individual as the independent reviewing officer for that child's case. 2 The initial appointment under subsection (1) must be made before the child's case is first reviewed in accordance with regulations made under section 102. 3 If a vacancy arises in respect of a child's case, the local authority must make another appointment under subsection (1) as soon as is practicable. 4 An appointee must fall within a category of persons specified in regulations. Functions of the independent reviewing officer 100 1 The independent reviewing officer must— a monitor the performance by the local authority of its functions in relation to the child's case; b participate, in accordance with regulations, in any review of the child's case; c ensure that any ascertained wishes and feelings of the child concerning the case are given due consideration by the local authority; d perform any other function specified in regulations. 2 An independent reviewing officer's functions must be performed— a in such manner as may be specified in regulations, and b having regard to such guidance as that authority may issue in relation to the discharge of those functions. 3 If the independent reviewing officer considers it appropriate to do so, the child's case may be referred by that officer to a Welsh family proceedings officer. 4 If the independent reviewing officer is not an officer of the local authority, it is the duty of the authority— a to co-operate with that individual, and b to take such reasonable steps as that individual may require to enable that individual's functions under this section to be performed satisfactorily. Referred cases 101 1 In relation to children whose cases are referred to Welsh family proceedings officers under section 100(3), the Lord Chancellor may by regulations— a extend any functions of the Welsh family proceedings officers in respect of family proceedings (within the meaning of section 12 of the Criminal Justice and Court Services Act 2000) to other proceedings; b require any functions of the Welsh family proceedings officers to be performed in the manner specified by the regulations. 2 The power to make regulations under this section is exercisable only with the consent of the Welsh Ministers. Review of cases and inquiries into representations 102 1 Regulations may require the case of each child who is being looked after by a local authority to be reviewed in accordance with the provisions of the regulations. 2 The regulations may, among other things, make provision— a as to the manner in which each case is to be reviewed; b as to the considerations to which the local authority is to have regard in reviewing each case; c as to the time when each case is first to be reviewed and the frequency of subsequent reviews; d requiring the authority, before conducting any review, to seek the views of— i the child, ii the child's parents, iii any person who is not a parent of the child but who has parental responsibility for the child, and iv any other person whose views the authority considers to be relevant, including, in particular, the views of those persons in relation to any particular matter which is to be considered in the course of the review; e requiring the authority, in the case of a child who is in its care— i to keep the plan under section 31A of the Children Act 1989 (care orders: care plans) for the child under review and, if it is of the opinion that some change is required, to revise the plan or make a new plan accordingly, and ii to consider whether an application should be made to discharge the care order; f requiring the authority, in the case of a child in accommodation provided by or on behalf of the authority— i if there is no plan for the future care of the child, to prepare one, ii if there is such a plan for the child, to keep it under review and, if it is of the opinion that some change is required, to revise the plan or make a new plan accordingly, and iii to consider whether the accommodation accords with the requirements of this Part; g requiring the authority to inform the child, so far as is reasonably practicable, of any steps the child may take under this Act or the Children Act 1989; h requiring the authority to make arrangements, including arrangements with other bodies which provide services and which it considers appropriate, to implement any decision which it proposes to make in the course, or as a result, of the review; i requiring the authority to notify details of the result of the review and of any decision taken by it in consequence of the review to— i the child, ii the child's parents, iii any person who is not a parent of the child but who has parental responsibility for the child, and iv any other person whom it thinks ought to be notified; j requiring the authority to monitor the arrangements which it has made with a view to ensuring that it complies with the regulations. Leaving care, accommodation and fostering Befriending, advising and assisting looked after children 103 A local authority looking after a child must advise, assist and befriend the child with a view to promoting the child's well-being when it has ceased to look after the child. Young people entitled to support under sections 105 to 115 104 1 The categories of young person defined in subsection (2) are entitled to support in accordance with sections 105 to 115. 2 In this Act— “ category 1 young person ” means a child who— is aged 16 or 17, is being looked after by a local authority, and has been looked after by a local authority or a local authority in England for a specified period, or periods amounting in all to a specified period, which began after the child reached a specified age and ended after the child reached the age of 16; “ category 2 young person ” means a child who— is aged 16 or 17, is not being looked after by a local authority or a local authority in England, and immediately before ceasing to be looked after, was a category 1 young person; “ category 3 young person ” means a person aged 18 or over who— has been a category 2 young person (and would continue to be so if he or she were under the age of 18), or was being looked after by a local authority when he or she reached the age of 18 and, immediately before ceasing to be looked after, was a category 1 young person; “ category 4 young person ” means a person who— is a category 3 young person towards whom the duties under sections 105, 106, 107(3) and (10) and 110 have ceased to apply (see section 111), has informed the responsible local authority that he or she is pursuing, or wishes to pursue, a programme of education or training, and has not reached the age of 25 or any lower age specified; “ category 5 young person ” means a person— who has reached the age of 16 but has not yet reached the age of 21, with respect to whom a special guardianship order is in force (or, if the young person has reached the age of 18, was in force when he or she reached that age), and who was, immediately before the making of that order, looked after by a local authority; “ category 6 young person ” means a person, other than a category 5 young person, who— at any time after reaching the age of 16 but while still a child was, but is no longer, looked after, accommodated or fostered, if so accommodated or fostered, is now within Wales, and has not yet reached the age of 21. 3 In the definition of “category 6 young person”, “ looked after, accommodated or fostered ” means— a looked after by a local authority (without subsequently being looked after by a local authority in England), b accommodated by or on behalf of a voluntary organisation, c accommodated in a private children's home, d accommodated for a consecutive period of at least three months— i by or on behalf of a Local Health Board or Special Health Authority, ii by or on behalf of an integrated care board or NHS England , iii by or on behalf of a local authority in the exercise of education functions, iv by or on behalf of a local authority in England in the exercise of education functions, v in any care home or independent hospital, or vi in any accommodation provided by or on behalf of an NHS Trust or by or on behalf of an NHS Foundation Trust, or e privately fostered (within the meaning of section 66 of the Children Act 1989). 4 Subsection (3)(d) applies even if the period of three months mentioned there began before the child reached the age of 16. 5 In this Act “ responsible local authority ” means— a in relation to a category 1 young person, the local authority which looks after the child; b in relation to a category 2, category 3 or category 4 young person, the local authority which last looked after that person; c in relation to category 5 young person, a local authority determined in accordance with regulations; d in relation to a category 6 young person falling within that category by virtue of paragraph (a) of subsection (3), the local authority which last looked after that person; e in relation to a category 6 young person falling within that category by virtue of any other paragraph of that subsection, the local authority within whose area the person is. 6 Regulations may, for the purposes of any of the powers or duties under sections 105 to 115— a specify additional categories of persons; b specify categories of persons who are not to be treated as falling within a category of young person mentioned in subsection (1); c make provision for determining which local authority is to be the responsible local authority for the purpose of a category specified under paragraph (a). Keeping in touch 105 1 The responsible local authority for a category 2 or category 3 young person must take reasonable steps to keep in touch with that person, whether the person is within its area or not. 2 If the responsible local authority for a category 2 or category 3 young person has lost touch with that person it must— a consider how to re-establish contact, and b take reasonable steps to do so. 3 In the case of a category 2 young person, the responsible local authority must discharge its duty under subsection (2) without delay and continue to take reasonable steps to re-establish contact until it succeeds. 4 In the case of a category 3 young person, the duties under subsections (1) and (2) are subject to section 111. 5 The responsible local authority for a category 6 young person falling within that category by virtue of section 104(3)(a) must take reasonable steps to contact the young person at such times as it thinks appropriate with a view to discharging its functions under section 115. Personal advisers 106 1 The responsible local authority for a person mentioned in subsection (2) must arrange for that person to have a personal adviser. 2 The persons are— a a category 1 young person; b a category 2 young person; c a category 3 young person; d a category 4 young person. 3 The duty under subsection (1)— a in the case of a category 3 young person, is subject to section 111; b in the case of a category 4 young person, is subject to section 113. 4 Personal advisers appointed under or by virtue of this Part are to have such functions as may be specified in regulations. Pathway assessments and plans: general 107 1 The responsible local authority for a category 1 young person must carry out an assessment of the young person's needs with a view to determining what advice and other support it would be appropriate for it to provide to the young person under this Part— a while it is still looking after the young person, and b after it ceases to look after the young person. 2 The responsible local authority for a category 2 or category 3 young person who does not already have a pathway plan must carry out an assessment of the young person's needs with a view to determining what advice and other support it would be appropriate for it to provide to the young person under this Part. 3 After conducting an assessment under subsection (1) or (2), the local authority must prepare a pathway plan and maintain it for as long as the young person falls within category 1, 2 or 3 (but see subsection (12)). 4 The responsible local authority for a category 4 young person must carry out an assessment of the young person's needs with a view to determining what advice and other support (if any) it would be appropriate for it to provide to the young person under this Part. 5 In conducting an assessment under subsection (4), the local authority may take into account any duty that it may have to make a payment to the young person under section 112(2). 6 After conducting an assessment under subsection (4), the local authority must prepare a pathway plan. 7 A pathway plan is a plan setting out— a in the case of a plan for a category 1 young person— i the advice and other support which the local authority intends to provide for the young person under this Part, both while it is looking after the young person and later, and ii when it might cease to look after the young person; b in the case of a plan for a category 2, category 3 or category 4 young person, the advice and other support which the local authority intends to provide for the young person under this Part; c such other matters (if any) as may be specified in regulations. 8 Regulations may make provision as to assessments for the purposes of this section. 9 The regulations may, for example, make provision about— a the persons who are to be consulted in relation to an assessment; b the way in which an assessment is to be carried out, by whom and when; c the recording of the results of an assessment; d the considerations to which the local authority are to have regard in carrying out an assessment. 10 The local authority must keep the pathway plan under regular review (but see subsections (12) and (13)). 11 The local authority may carry out an assessment or review under this section at the same time as any other assessment or review of the young person's needs. 12 In the case of a category 3 young person, the duties under subsections (3) and (10) are subject to section 111. 13 In the case of a category 4 young person, the duty under subsection (10) is subject to section 113. Pathway assessments and plans: post-18 living arrangements 108 1 The responsible local authority for a category 1 young person who has been placed with a local authority foster parent must comply with subsection (2) when— a carrying out an assessment in relation to the young person under section 107(1), b preparing and maintaining a pathway plan for the young person under section 107(3), or c reviewing the young person's pathway plan under section 107(10). 2 The responsible local authority must ascertain whether the young person and his or her local authority foster parent wish to make a post-18 living arrangement. 3 A “post-18 living arrangement” is an arrangement under which— a a category 3 young person— i who is under the age of 21, and ii who was being looked after by a local authority when he or she reached the age of 18 and, immediately before ceasing to be looked after, was a category 1 young person, and b a person (a “former foster parent”) who was the young person's local authority foster parent immediately before he or she ceased to be looked after, continue to live together after the young person has ceased to be looked after. 4 Where the young person and his or her local authority foster parent wish to make a post-18 living arrangement, the responsible local authority must provide advice and other support in order to facilitate the arrangement. 5 Subsection (4) does not apply if the responsible local authority considers that the making of a post-18 living arrangement between the young person and his or her local authority foster parent would not be consistent with the young person's well-being. 6 Regulations may make provision about— a the persons to whom information about post-18 living arrangements must be provided; b the manner in which that information must be provided. Support for category 2 young people 109 1 The responsible local authority for a category 2 young person must safeguard and promote that person's well-being and, unless it is satisfied that the person's well-being does not require it, support the person by— a maintaining the person, b providing the person with, or maintaining the person in, suitable accommodation, and c providing support of such other descriptions as may be specified in regulations. 2 Support under subsection (1) may be in kind or in cash. 3 Regulations may make provision about the meaning of “suitable accommodation” and in particular about the suitability of landlords or other providers of accommodation. 4 Section 78(3) applies in relation to any decision by a local authority for the purposes of this section as it applies in relation to the decisions referred to in that section. Support for category 3 young people 110 1 The responsible local authority for a category 3 young person must support that young person by— a contributing, to the extent that the young person's well-being requires it, to expenses incurred by the young person in living near the place where he or she is, or will be, employed or seeking employment; b contributing, to the extent that the young person's well-being and educational or training needs require it, to expenses incurred by the young person in living near the place where he or she is, or will be, receiving education or training; c making a grant to the young person, to the extent that the young person's well-being and educational or training needs require it, to enable him or her to meet expenses connected with his or her education or training; d doing anything else it considers appropriate, to the extent that the young person's well-being requires it. 2 The responsible local authority for a category 3 young person who has a post-18 living arrangement must, in addition— a monitor the arrangement, and b if the authority considers that the arrangement is consistent with the young person's well-being, provide advice and other support to the young person and the former foster parent with a view to maintaining the arrangement. 3 In subsection (2) “ post-18 living arrangement ” has the meaning given by section 108 and “ former foster parent ” has the same meaning as in that definition. 4 The support given under subsection (1)(d) and (2)(b) may be in kind or in cash. 5 Where support is provided to a former foster parent under subsection (2)(b), the support must include financial support. 6 The responsible local authority for a category 3 young person who pursues higher education in accordance with his or her pathway plan must pay the relevant amount to that young person. 7 The duty under subsection (6) is in addition to the responsible local authority's duty under subsection (1). 8 Subsection (9) applies where the responsible local authority for a category 3 young person is satisfied that the young person— a is in full-time further or higher education, b is being given support under subsection (1)(b) or (c) or has received a payment under subsection (6), and c needs accommodation during a vacation because term-time accommodation is not available. 9 The responsible authority must— a provide the young person with suitable accommodation during the vacation, or b pay the young person enough to secure such accommodation. 10 The duties under this section are subject to section 111. Cessation of duties in relation to category 3 young people 111 1 A responsible local authority's duties towards a category 3 young person cease when the young person reaches the age of 21, except in the circumstances set out in subsection (2). 2 Where the category 3 young person's pathway plan sets out a programme of education or training which extends beyond the date on which he or she reaches the age of 21— a the duties under section 110(1)(b) and (c), (6) and (9) continue until the young person ceases to pursue that programme, and b the duties under sections 105, 106 and 107(3) and (10) continue concurrently with those duties and cease at the same time. 3 For the purposes of subsection (2)(a), the responsible local authority must disregard any interruption in the young person's pursuance of a programme of education or training if it is satisfied that the young person will resume the programme as soon as is reasonably practicable. Support for category 4 young people 112 1 The responsible local authority for a category 4 young person must support that young person, to the extent that his or her educational or training needs require it, by— a contributing to expenses incurred by the young person in living near the place where he or she is, or will be, receiving education or training; b making a grant to the young person to enable him or her to meet expenses connected with his or her education or training. 2 The responsible local authority for a category 4 young person who pursues higher education in accordance with his or her pathway plan must pay the relevant amount to that young person. 3 The duty under subsection (2) is in addition to the responsible local authority's duty under subsection (1). 4 Where the responsible local authority for a category 4 young person is satisfied that the young person is in full-time further or higher education and needs accommodation during a vacation because term-time accommodation is not available, it must— a provide the young person with suitable accommodation during the vacation, or b pay the young person enough to secure such accommodation. 5 The responsible local authority for a category 4 young person may take its duty under subsection (2) into account in assessing the young person's need under section 107(4) and in discharging its duties under subsections (1) and (4). 6 The duties under this section are subject to section 113. Cessation of duties in relation to category 4 young people 113 1 A responsible local authority's duties towards a category 4 young person cease when the young person ceases to pursue a programme of education or training in accordance with his or her pathway plan. 2 For the purposes of subsection (1), the responsible local authority may disregard any interruption in the young person's pursuance of a programme of education or training if it is satisfied that the young person will resume the programme as soon as is reasonably practicable. Support for category 5 young people and former category 5 young people 114 1 The responsible local authority for a category 5 young person must consider whether the conditions in subsection (2) are satisfied in relation to the young person. 2 The conditions are that— a the young person needs support of a kind which it can give under this section, and b the local authority is satisfied that the person by whom the young person was being looked after does not have the necessary facilities for advising or befriending him or her. 3 If the conditions are satisfied the local authority must advise and befriend the young person and may give that person support in the manner described in subsection (4). 4 The support may be given— a in kind; b by contributing to expenses incurred by the young person in living near the place where he or she is, or will be, employed or seeking employment; c by contributing to expenses incurred by the young person in living near the place where he or she is, or will be, receiving education or training; d by making a grant to the young person to enable him or her to meet expenses connected with his or her education or training; e by providing accommodation, if support may not be given in respect of the accommodation under paragraphs (b) to (d); f in cash. 5 A local authority may also give support in the manner described in paragraphs (c) and (d) of subsection (4) to a young person who— a is under the age of 25, and b would be a category 5 young person if he or she were under the age of 21. 6 Where a local authority is giving support in the manner described in subsection (4)(c) or (d) it may disregard any interruption in the young person's pursuance of a programme of education or training if it is satisfied that the young person will resume the programme as soon as is reasonably practicable. 7 Where a local authority is satisfied that a young person for whom it may provide support under subsection (4) or (5) is in full-time further or higher education and needs accommodation during a vacation because term-time accommodation is not available, it must— a provide the person with suitable accommodation during the vacation, or b pay the person enough to secure such accommodation. Support for category 6 young people and former category 6 young people 115 1 The responsible local authority for a category 6 young person must consider whether the conditions in subsection (2) are satisfied in relation to the young person. 2 The conditions are that— a the young person needs support of a kind which the local authority can give under this section, and b where the young person is a category 6 young person by virtue of section 104(3)(b) to (e), the local authority is satisfied that the person by whom the young person was being looked after, accommodated or fostered (within the meaning of that subsection) does not have the necessary facilities for advising or befriending him or her. 3 If the conditions are satisfied— a the local authority must advise and befriend the young person, if that person is a category 6 young person by virtue of section 104(3)(a) or (b), and b in any other case, the local authority may advise and befriend the young person. 4 Where as a result of this section, a local authority is under a duty, or is empowered, to advise and befriend a young person, it may give that person support in the manner described in subsection (5). 5 The support may be given— a in kind; b where the young person is a category 6 young person by virtue of section 104(3)(a)— i by contributing to expenses incurred by the young person in living near the place where he or she is, or will be, employed or seeking employment; ii by contributing to expenses incurred by the young person in living near the place where he or she is, or will be, receiving education or training; iii by making a grant to the young person to enable him or her to meet expenses connected with his or her education or training; c by providing accommodation, if support may not be given in respect of the accommodation under paragraph (b); d in cash. 6 A local authority may also give support in the manner described in subsection (5)(b)(ii) and (iii) to a young person who— a is under the age of 25, and b if he or she were under the age of 21, would be a category 6 young person by virtue of section 104(3)(a). 7 Where a local authority is giving support in the manner described in subsection (5)(b)(ii) or (iii) it may disregard any interruption in the young person's pursuance of a programme of education or training if it is satisfied that the young person will resume the programme as soon as is reasonably practicable. 8 Where a local authority is satisfied that a young person for whom it may provide support under subsection (4) or (6) is in full-time further or higher education and needs accommodation during a vacation because term-time accommodation is not available, it must— a provide the person with suitable accommodation during the vacation, or b pay the person enough to secure such accommodation. Supplementary provision about support for young persons in further or higher education 116 1 Regulations may, for the purposes of sections 110(6) and 112(2)— a specify the relevant amount; b specify the meaning of “higher education”; c make provision as to the payment of the relevant amount; d make provision as to the circumstances in which the relevant amount (or any part of it) may be recovered by a local authority from a young person to whom a payment has been made under those provisions. 2 Regulations may make provision for the meaning of “ full-time ” (“ llawnamser ”), “ further education ” (“ addysg bellach ”), “ higher education ” (“ addysg uwch ”) and “ vacation ” (“ gwyliau ”) for the purposes of sections 110(8), 112(4), 114(7) and 115(8). Charging for provision under sections 109 to 115 117 1 A local authority may impose a charge for support (other than advice) under sections 109 to 115. 2 A charge imposed under subsection (1)— a may only cover the cost that the local authority incurs in meeting the needs to which the charge applies; b may be imposed— i on the young person who receives the support, if that person has reached the age of 18; ii on a person with parental responsibility for the young person who receives the support, if the young person is under 18 years of age. 3 A person is not liable to pay a charge under this section during any period when the person is in receipt of a benefit which falls within a category specified in regulations. 4 In subsection (3) “ benefit ” includes any allowance, payment, credit or loan. 5 The power to make regulations under section 61 or 62 applies to charges under this section in relation to support as it applies to charges under section 59 in relation to care and support. 6 Regulations may apply any provision made in or under sections 63 to 68 or sections 70 to 73 to charging under this section with or without specified modifications. Information 118 1 Where it appears to a local authority that a young person— a with whom it is under a duty to keep in touch under section 105, b whom it has been advising and befriending under section 114 or 115, or c to whom it has been giving other support under section 114 or 115, proposes to live, or is living, in the area of another local authority or a local authority in England, it must inform that other authority. 2 Where a child who is accommodated in Wales— a by a voluntary organisation or in a private children's home, b by or on behalf of any Local Health Board or Special Health Authority, c by or on behalf of an integrated care board or NHS England , d by or on behalf of local authority in the exercise of education functions, e by or on behalf of a local authority in England in the exercise of education functions, f in any care home or independent hospital, or g in any accommodation provided by or on behalf of an NHS Trust or by or on behalf of an NHS Foundation Trust, ceases to be so accommodated after reaching the age of 16, the person by whom or on whose behalf the child was accommodated or who carries on or manages the home or hospital (as the case may be) must inform the local authority or local authority in England within whose area the child proposes to live. 3 Subsection (2) only applies by virtue of paragraphs (b) to (g), if the accommodation has been provided for a consecutive period of at least three months. 4 In a case where a child was accommodated by or on behalf of a local authority, or a local authority in England, in the exercise of education functions, subsection (2) applies only if the authority which accommodated the child is different from the authority within whose area the child proposes to live. Secure accommodation Use of accommodation for restricting liberty 119 1 Subject to the following provisions of this section, a child who is being looked after by a local authority or a local authority in England may not be placed, and if placed, may not be kept, in accommodation in Wales provided for the purpose of restricting liberty (“secure accommodation”) unless it appears— a that the child— i has a history of absconding and is likely to abscond from any other description of accommodation, and ii is likely to suffer significant harm if the child absconds, or b that if the child is kept in any other description of accommodation, he or she is likely to injure himself or herself or other persons. 2 The Welsh Ministers may by regulations— a specify a maximum period— i beyond which a child may not be kept in secure accommodation in Wales without the authority of the court, and ii for which the court may authorise a child to be kept in secure accommodation in Wales; b empower the court from time to time to authorise a child to be kept in secure accommodation in Wales for such further period as the regulations may specify; c provide that applications to the court under this section be made only by a local authority or a local authority in England . 3 It is the duty of a court hearing an application under this section to determine whether any relevant criteria for keeping a child in secure accommodation are satisfied in the child's case. 4 If a court determines that any such criteria are satisfied, it must make an order authorising the child to be kept in secure accommodation and specifying the maximum period for which the child may be so kept. 5 On any adjournment of the hearing of an application under this section, a court may make an interim order permitting the child to be kept during the period of the adjournment in secure accommodation. 6 No court is to exercise the powers conferred by this section in respect of a child who is not legally represented in that court unless, having been informed of his or her right to apply for the provision of representation under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 and having had the opportunity to do so, the child refused or failed to apply. 7 The Welsh Ministers may by regulations provide that— a this section is or is not to apply to any description of children specified in the regulations; b this section has effect in relation to children of a description specified in the regulations subject to modifications specified in the regulations; c other provisions specified in the regulations are to have effect for the purpose of determining whether a child of a description specified in the regulations may be placed or kept in secure accommodation in Wales. 8 The giving of an authorisation under this section does not prejudice any power of any court in England and Wales to give directions relating to the child to whom the authorisation relates. 9 The giving of an authorisation under this section does not prejudice the effect of any direction given by a court in Scotland relating to a child to whom the authorisation relates, in so far as the direction has effect in the law of England and Wales. 10 This section is subject to section 76(5). 11 An order made under this section in relation to a child, if it would otherwise still be in force, ceases to have effect when the child reaches the age of 18. Children accommodated in certain establishments Assessment of children accommodated by health authorities and education authorities 120 1 Subsection (2) applies where a child is provided with accommodation in Wales by a Local Health Board, an NHS Trust or a local authority in the exercise of education functions (“ the accommodating authority ”)— a for a consecutive period of at least 3 months, or b with the intention, on the part of that authority, of accommodating the child for such a period. 2 The accommodating authority must notify the appropriate officer of the responsible authority— a that it is accommodating the child, and b when it ceases to accommodate the child. 3 In this section, “ the responsible authority ” means— a the local authority or local authority in England appearing to the accommodating authority to be the authority within whose area the child was ordinarily resident immediately before being accommodated, or b where it appears to the accommodating authority that a child was not ordinarily resident within the area of any local authority or local authority in England, the local authority within whose area the accommodation is situated. 4 In this section and in sections 121 and 122 “ the appropriate officer ” means— a in relation to a local authority, its director of social services, and b in relation to a local authority in England, its director of children's services. 5 Where the appropriate officer of a local authority has been notified under this section , or under section 85 of the Children Act 1989 (assessment of children accommodated by health authorities and education authorities) , the authority must— a assess the child under section 21, and b consider the extent to which (if at all) it should exercise any of its other functions under this Act, or any of its functions under the Children Act 1989, with respect to the child. 6 The duty under subsection (5)(a) does not apply in relation to a child looked after by— a a local authority, b a local authority in England, c a local authority in Scotland, or d a Health and Social Care trust. Assessment of children accommodated in care homes or independent hospitals 121 1 Subsection (2) applies where a child is provided with accommodation in Wales in any care home or independent hospital— a for a consecutive period of at least three months, or b with the intention, on the part of the person taking the decision to accommodate the child, of accommodating the child for such period. 2 The person carrying on the establishment in question must notify the appropriate officer of the local authority within whose area the establishment is carried on— a that it is accommodating the child, and b when it ceases to accommodate the child. 3 Where the appropriate officer of a local authority has been notified under this section, the authority must— a assess the child under section 21, and b consider the extent to which (if at all) it should exercise any of its other functions under this Act, or any of its functions under the Children Act 1989, with respect to the child. 4 The duty under subsection (3)(a) does not apply in relation to a child looked after by— a a local authority, b a local authority in England, c a local authority in Scotland, or d a Health and Social Care trust. 5 If a person carrying on a care home or independent hospital fails, without reasonable excuse, to comply with this section, the person is guilty of an offence. 6 A person authorised by a local authority may enter a care home or independent hospital within the authority's area for the purpose of establishing whether the requirements of this section have been complied with. 7 A person exercising the power of entry must, upon request, produce some duly authenticated document showing authority to do so. 8 A person who intentionally obstructs a person exercising the power of entry is guilty of an offence. 9 A person committing an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale. Visitors for children notified to a local authority ... 122 1 This section applies if the appropriate officer of a local authority— a has been notified with respect to a child under section 120(2)(a) or 121(2)(a), or under section 85(1) of the Children Act 1989 (children accommodated by health authorities and local education authorities), and b has not been notified with respect to that child under section 120(2)(b) or section 121(2)(b) , or under section 85(2) of the Children Act 1989 . 2 The local authority must, in accordance with regulations made under this section, make arrangements for the child to be visited by a representative of the authority (“a representative”). 3 It is the duty of a representative to provide advice and assistance to the local authority on the performance of its duties under this Act in relation to the child. 4 Regulations under this section may make provision about— a the frequency of visits under visiting arrangements; b circumstances in which visiting arrangements must require a child to be visited; c additional functions of a representative. 5 In choosing a representative a local authority must satisfy itself that the person chosen has the necessary skills and experience to perform the functions of a representative. 6 In this section “ visiting arrangements ” means arrangements made under subsection (2). Services for children notified to a local authority ... 123 1 A local authority must provide such services as it considers appropriate for children in respect of whom it receives notification under section 120 or 121 , or under section 85 of the Children Act 1989 (children accommodated by health authorities and local education authorities) . 2 The services provided under this section must be provided with a view to promoting contact between each child in respect of whom the local authority receives notification and the child's family. 3 The services may include anything the authority may provide or arrange under Part 4. 4 Nothing in this section affects the duty imposed by section 39. Moving looked after children to live outside the jurisdiction Arrangements to assist children to live outside England and Wales 124 1 A local authority may only arrange for, or assist in arranging for, a child in its care to live outside England and Wales with the approval of the court. 2 A local authority may, with the approval of every person who has parental responsibility for the child arrange for, or assist in arranging for, any other child looked after by it to live outside England and Wales. 3 The court must not give its approval under subsection (1) unless it is satisfied that— a living outside England and Wales would be in the child's best interests, b suitable arrangements have been, or will be, made for the child's reception and well-being in the country in which he or she will live, c the child has consented to living in that country, and d every person who has parental responsibility for the child has consented to the child living in that country. 4 Where the court is satisfied that the child does not have sufficient understanding to give or withhold consent, it may disregard subsection (3)(c) and give its approval if the child is to live in the country concerned with a parent, guardian, special guardian, or other suitable person. 5 Where a person whose consent is required by subsection (3)(d) fails to give consent, the court may dispense with that person's consent if it is satisfied that— a the person cannot be found or lacks capacity to give consent, or b the well-being of the child requires the consent to be dispensed with. 6 Section 85 of the Adoption and Children Act 2002 (which imposes restrictions on taking children out of the United Kingdom) does not apply in the case of a child who is to live outside England and Wales with the approval of the court given under this section. 7 Where a court decides to give its approval under this section, it may order that its decision is not to have effect during the appeal period. 8 In subsection (7) “ the appeal period ” means— a where an appeal is made against the decision, the period between the making of the decision and the determination of the appeal, and b otherwise, the period during which an appeal may be made against the decision. 9 This section does not apply — a to a local authority placing a child in secure accommodation in Scotland under section 25 of the Children Act 1989, or b to a local authority placing a child for adoption with prospective adopters. Death of a looked after child Death of children being looked after by local authorities 125 1 If a child who is being looked after by a local authority dies, the authority— a must notify the Welsh Ministers, b must, so far as is reasonably practicable, notify the child's parents and every person who is not a parent of the child but who has parental responsibility for the child, c may, with the consent (so far as it is reasonably practicable to obtain it) of every person who has parental responsibility for the child, arrange for the child's body to be buried or cremated, and d may, if the conditions mentioned in subsection (2) are satisfied, make payments to any person who has parental responsibility for the child, or any relative, friend or other person connected with the child, in respect of travelling, subsistence or other expenses incurred by that person in attending the child's funeral. 2 The conditions are that— a it appears to the authority that the person concerned could not otherwise attend the child's funeral without undue financial hardship, and b that the circumstances warrant the making of the payments. 3 Subsection (1) does not authorise cremation where it does not accord with the practice of the child's religious persuasion. 4 Where a local authority has exercised its power under subsection (1)(c) with respect to a child who was under 16 when the child died, it may recover from any parent of the child any expenses incurred by it. 5 Any amounts so recoverable are, without prejudice to any other method of recovery, recoverable summarily as a civil debt. 6 Nothing in this section affects any enactment regulating or authorising the burial, cremation or anatomical examination of the body of the deceased person. Jurisdiction and procedure Jurisdiction of courts 125A For the purposes of this Part “court” (“ llys ”) means the High Court or a family court. Rules of court 125B 1 An authority having power to make rules of court may make such provision for giving effect to— a this Part, or b the provisions of any statutory instrument made under this Part, as it appears to that authority to be necessary or expedient. 2 Section 93 of the Children Act 1989 (rules of court) applies to rules made in accordance with this section as it applies to rules made in accordance with that section. The rules may, in particular, make provision— a with respect to the procedure to be followed in any relevant proceedings (including the manner in which any application is to be made or other proceedings commenced); b as to the persons entitled to participate in any relevant proceedings, whether as parties to the proceedings or by being given the opportunity to make representations to the court; c for children to be separately represented in relevant proceedings; d with respect to the documents and information to be furnished, and notices to be given, in connection with any relevant proceedings; e with respect to preliminary hearings; f enabling the court, in such circumstance as may be prescribed, to proceed on any application even though the respondent has not been given notice of the proceedings. 3 In subsection (2)— “notice of proceedings” (“ hysbysiad o achos ”) means a summons or such other notice of proceedings as is required; and “given” (“ rhoi ”) in relation to a summons, means “served” (“ cyflwyno ”); “prescribed” (“ a ragnodir ”) means prescribed by the rules; and “relevant proceedings” (“ achos perthnasol ”) means any application made, or proceedings brought, under any of the provisions mentioned in paragraphs (a) to (c) of subsection (1) and any part of such proceedings. 4 This section and any other power in this Act to make rules of court are not to be taken as in any way limiting any other power of the authority in question to make rules of court. 5 When making any rules under this section an authority will be subject to the same requirement as to consultation (if any) as apply when the authority make rules under its general rule making power. Privacy for children involved in proceedings under this Part 125C Section 97 of the Children Act 1989 (privacy for children involved in certain proceedings) applies in relation to children involved in any proceedings under this Part as it applies in relation to children involved in any proceedings under that Act. 125D 1 A person must not publish to the public at large or any section of the public any material which is intended, or likely, to identify— a any child which is being involved in any proceedings before the High Court or the family court in which any power under this Act may be exercised by the court with respect to any child; or b an address or school as being that of a child involved in any such proceedings. 2 In any proceedings for an offence under this section it is a defence for the accused to prove that he or she did not know, and had no reason to suspect, that the published material was intended, or likely, to identify the child. 3 The court or the Lord Chancellor may, if satisfied that the welfare of the child requires it and, in the case of the Lord Chancellor, if the Lord Chief Justice agrees, by order dispense the requirements of subsection (1) to such extent as may be specified in the order. 4 For the purposes of this section— “material” (“ deunydd ”) includes any picture or representation; and “publish” (“ cyhoeddi ”) includes— include in a programme service (within the meaning of the Broadcasting Act 1990); cause material to be published. 5 Any person who contravenes this section is guilty of an offence and liable, on summary conviction, to a fine not exceeding level 4 on the standard scale. 6 The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his or her functions under subsection (3). PART 7 SAFEGUARDING Adults at risk Adults at risk 126 1 An “adult at risk”, for the purposes of this Part, is an adult who— a is experiencing or is at risk of abuse or neglect, b has needs for care and support (whether or not the authority is meeting any of those needs), and c as a result of those needs is unable to protect himself or herself against the abuse or neglect or the risk of it. 2 If a local authority has reasonable cause to suspect that a person within its area (whether or not ordinarily resident there) is an adult at risk, it must— a make (or cause to be made) whatever enquiries it thinks necessary to enable it to decide whether any action should be taken (whether under this Act or otherwise) and, if so, what and by whom, and b decide whether any such action should be taken. 3 Regulations made under section 54(5) (care and support plans) must include provision about recording in a care and support plan the conclusions of enquiries made under this section. Adult protection and support orders 127 1 An authorised officer may apply to a justice of the peace for an order (“an adult protection and support order”) in relation to a person living in any premises within a local authority's area. 2 The purposes of an adult protection and support order are— a to enable the authorised officer and any other person accompanying the officer to speak in private with a person suspected of being an adult at risk, b to enable the authorised officer to ascertain whether that person is making decisions freely, and c to enable the authorised officer properly to assess whether the person is an adult at risk and to make a decision as required by section 126(2) on what, if any, action should be taken. 3 When an adult protection and support order is in force the authorised officer, a constable and any other specified person accompanying the officer in accordance with the order, may enter the premises specified in the order for the purposes set out in subsection (2). 4 The justice of the peace may make an adult protection and support order if satisfied that— a the authorised officer has reasonable cause to suspect that a person is an adult at risk, b it is necessary for the authorised officer to gain access to the person in order properly to assess whether the person is an adult at risk and to make a decision as required by section 126(2) on what, if any, action should be taken, c making an order is necessary in order to fulfil the purposes set out in subsection (2), and d exercising the power of entry conferred by the order will not result in the person being at greater risk of abuse or neglect. 5 An adult protection and support order must— a specify the premises to which it relates; b provide that the authorised officer may be accompanied by a constable; c specify the period for which the order is to be in force. 6 Other conditions may be attached to an adult protection and support order, for example— a specifying restrictions on the time at which the power of entry conferred by the order may be exercised; b providing for the authorised officer to be accompanied by another specified person; c requiring notice of the order to be given to the occupier of the premises and to the person suspected of being an adult at risk. 7 A constable accompanying the authorised officer may use reasonable force if necessary in order to fulfil the purposes of an adult protection and support order set out in subsection (2). 8 On entering the premises in accordance with an adult protection and support order the authorised officer must— a state the object of the visit, b produce evidence of the authorisation to enter the premises, and c provide an explanation to the occupier of the premises of how to complain about how the power of entry has been exercised. 9 In this section “ an authorised officer ” means a person authorised by a local authority for the purposes of this section, but regulations may set restrictions on the persons or categories of persons who may be authorised. Duty to report adults at risk 128 1 If a relevant partner of a local authority has reasonable cause to suspect that a person is an adult at risk and appears to be within the authority's area, it must inform the local authority of that fact. 2 If the person that the relevant partner has reasonable cause to suspect is an adult at risk appears to be within the area of a local authority other than one of which it is a relevant partner, it must inform that other local authority. 3 If a local authority has reasonable cause to suspect that a person within its area at any time is an adult at risk and is living or proposing to live in the area of another local authority (or a local authority in England), it must inform that other authority. 4 For the purpose of this section a relevant partner of a local authority is a person who is a relevant partner of the authority for the purposes of section 162. Abolition of local authority's power to remove persons in need of care and attention 129 Section 47 of the National Assistance Act 1948 (which enables local authorities to apply for a court order to remove persons in need of care and attention from home to hospitals or other places) ceases to apply to persons in Wales. Children at risk Duty to report children at risk 130 1 If a relevant partner of a local authority has reasonable cause to suspect that a child is a child at risk and appears to be within the authority's area, it must inform the local authority of that fact. 2 If the child that the relevant partner has reasonable cause to suspect is a child at risk appears to be within the area of a local authority other than one of which it is a relevant partner, it must inform that other local authority. 3 If a local authority has reasonable cause to suspect that a child within its area at any time is a child at risk and is living or proposing to live within the area of another local authority (or a local authority in England), it must inform that other authority. 4 In this section, “a child at risk” is a child who— a is experiencing or is at risk of abuse, neglect or other kinds of harm, and b has needs for care and support (whether or not the authority is meeting any of those needs). 5 For the purposes of this section a relevant partner of a local authority is— a a person who is a relevant partner of the local authority for the purposes of section 162; b a youth offending team for an area any part of which falls within the area of the authority. 6 For provision about a local authority's duty to investigate children at risk, see section 47 of the Children Act 1989. Guidance Guidance about adults at risk and children at risk 131 1 The following must, in exercising their functions under sections 126 to 128 and 130, have regard to any guidance given to them for the purpose by the Welsh Ministers— a a local authority; b a person who is an authorised officer for the purposes of section 127; c a constable or other specified person accompanying an authorised officer in accordance with an adult protection and support order made under section 127; d a person who is a relevant partner for the purposes of section 128 or 130. 2 The Welsh Ministers must consult the Secretary of State before giving guidance under subsection (1). National Independent Safeguarding Board The National Independent Safeguarding Board 132 1 There is to be a board called the National Independent Safeguarding Board (referred to in this Part as “ the National Board ”). 2 The National Board's duties are— a to provide support and advice to Safeguarding Boards with a view to ensuring that they are effective, b to report on the adequacy and effectiveness of arrangements to safeguard children and adults in Wales, and c to make recommendations to the Welsh Ministers as to how those arrangements could be improved. 3 The National Board— a must make an annual report to the Welsh Ministers, b must make such other reports to the Welsh Ministers as they require, and c may make such other reports as it thinks fit. Regulations about the National Board 133 1 Regulations may make further provision about the National Board. 2 Regulations under this section may, for example, provide for— a the constitution and membership of the National Board (including provision about terms of appointment, disqualification, resignation, suspension or removal of members); b the remuneration and allowances to be paid to members; c the proceedings of the National Board; d the National Board to consult with those who may be affected by arrangements to safeguard adults and children in Wales; e the form, content and timing of the National Board's reports; f the publication of the National Board's reports. 3 Regulations under this section may not provide for a Minister of the Crown to be a member of the National Board. Safeguarding Children Boards and Safeguarding Adults Boards Safeguarding Children Boards and Safeguarding Adults Boards 134 1 Regulations must set out those areas in Wales for which there are to be Safeguarding Boards (“Safeguarding Board areas”). 2 Each of the following is a Safeguarding Board partner in relation to a Safeguarding Board area— a the local authority for an area, any part of which falls within the Safeguarding Board area; b the chief officer of police for a police area, any part of which falls within the Safeguarding Board area; c a Local Health Board for an area, any part of which falls within the Safeguarding Board area; d an NHS Trust providing services in the Safeguarding Board area; e the Secretary of State to the extent that the Secretary of State is discharging functions under sections 2 and 3 of the Offender Management Act 2007 in relation to Wales; f any provider of probation services that is required by arrangements under section 3(2) of the Offender Management Act 2007 to act as a Safeguarding Board partner in relation to the Safeguarding Board area. 3 After consulting the Safeguarding Board partners for an area, the Welsh Ministers must by regulations specify— a a Safeguarding Board partner as the lead partner in relation to children for the area, and b a Safeguarding Board partner as the lead partner in relation to adults for the area. 4 The lead partner in relation to children must establish a Safeguarding Children Board for its Safeguarding Board area. 5 The lead partner in relation to adults must establish a Safeguarding Adults Board for its Safeguarding Board area. 6 A Safeguarding Board must include— a a representative of each Safeguarding Board partner mentioned in subsection (2) in relation to the Safeguarding Board area, and b a representative of any other person or body specified in regulations as a Safeguarding Board partner in relation to the Safeguarding Board area. 7 Regulations under subsection (6)(b) may only specify a person or body as a Safeguarding Board partner if that person or body exercises functions under an enactment in relation to children in Wales or, as the case may be, adults in Wales. 8 Regulations under subsection (6)(b) may not specify a Minister of the Crown, the governor of a prison or secure training centre (or, in the case of a contracted out prison or secure training centre, its director) or the principal of a secure college as a Safeguarding Board partner unless the Secretary of State consents. 9 A Safeguarding Board may include representatives of such other persons or bodies, being persons or bodies mentioned in subsection (10), as the Board considers should be represented on it. 10 Those persons or bodies are persons and bodies of any nature who or which exercise functions or are engaged in activities relating to children or adults (as the case may be) in the Safeguarding Board area in question. 11 In this section— a a reference to a prison includes a young offender institution; b a reference to a contracted out secure training centre has the meaning given by section 15 of the Criminal Justice and Public Order Act 1994; c a reference to a contracted out prison has the meaning given by section 84(4) of the Criminal Justice Act 1991. Functions and procedures of Safeguarding Boards 135 1 The objectives of a Safeguarding Children Board are— a to protect children within its area who are experiencing, or are at risk of, abuse, neglect or other kinds of harm, and b to prevent children within its area from becoming at risk of abuse, neglect or other kinds of harm. 2 The objectives of a Safeguarding Adults Board are— a to protect adults within its area who— i have needs for care and support (whether or not a local authority is meeting any of those needs), and ii are experiencing, or are at risk of, abuse or neglect, and b to prevent those adults within its area mentioned in paragraph (a)(i) from becoming at risk of abuse or neglect. 3 A Safeguarding Board must seek to achieve its objectives by co-ordinating and ensuring the effectiveness of what is done by each person or body represented on the Board. 4 Regulations must— a provide for a Safeguarding Board to have functions relating to its objectives (including, for example, functions of review or investigation); b make provision as to the procedures to be followed by a Safeguarding Board; c specify when and how children or adults who are, or may be, affected by the exercise of a Safeguarding Board's functions must be given the opportunity to participate in the Board's work. 5 A Safeguarding Board may cooperate with another one or more Safeguarding Boards. 6 A Safeguarding Board may act jointly with another one or more Safeguarding Boards in relation to their combined areas and if they do so— a references in this Part to a Safeguarding Board are to be read as references to the Boards acting jointly, and b references in this Part to a Safeguarding Board area are to be read as references to the combined area. 7 The Safeguarding Children Board and the Safeguarding Adults Board for an area may form a joint board for the area, and if they do so— a the joint board is to have the objectives in both subsections (1) and (2), and b references in this Part to a Safeguarding Board are to be read as references to the joint board. Safeguarding Boards: annual plans and reports 136 1 Before the beginning of each financial year a Safeguarding Board must publish a plan (its “annual plan”) setting out its proposals for achieving its objectives in that year. 2 No later than 31 July of each year, a Safeguarding Board must publish a report on— a how it has exercised its functions in the preceding financial year, and b the extent to which it implemented the proposals in its annual plan for the preceding financial year. 3 Regulations may make further provision about the making of plans and reports under this section (including provision about their form and content and how they are to be published). 4 In this section “ financial year ” means the twelve months ending with 31 March. Supply of information requested by Safeguarding Boards 137 1 A Safeguarding Board may, for the purpose of enabling or assisting the Board to perform its functions, ask a qualifying person or body to supply specified information to which subsection (2) or (3) applies to— a the Board, or b a person or body specified by the Board. 2 This subsection applies to information relating to— a the qualifying person or body to whom or to which the request is made, b a function or activity of that qualifying person or body, or c a person in respect of whom a function is exercisable, or an activity is engaged in, by that qualifying person or body. 3 This subsection applies to information which— a has been supplied to the qualifying person or body in compliance with another request under this section, or b is derived from information so supplied. 4 The qualifying person or body to whom or to which a request is made under subsection (1) must comply with the request unless the person or body considers that doing so would— a be incompatible with the duties of the person or body, or b otherwise have an adverse effect on the exercise of the functions of the person or body. 5 A qualifying person or body who decides not to comply with a request under subsection (1) must give the Safeguarding Board which made the request written reasons for the decision. 6 Information supplied under this section may only be used by the Board or other person or body to whom or to which it is supplied for the purpose mentioned in subsection (1). 7 In this section— “ qualifying person or body ” (“ person neu gorff cymhwysol ”) means a person or body whose functions or activities are considered by the Board to be such that the person or body is likely to have information relevant to the exercise of a function of the Board; “ specified ” (“ penodedig” and “a bennir ”) means specified in a request made under subsection (1). Funding of Safeguarding Boards 138 1 A Safeguarding Board partner may make payments towards expenditure incurred by, or for purposes connected with, the Safeguarding Board on which it is represented— a by making the payments directly, or b by contributing to a fund out of which the payments may be made. 2 A Safeguarding Board partner may provide staff, goods, services, accommodation or other resources for purposes connected with the Safeguarding Board on which it is represented. 3 Regulations may— a require payments to be made by a Safeguarding Board partner towards expenditure incurred by, or for purposes connected with, the Safeguarding Board on which it is represented, and b provide for how the amount of those payments is to be determined in respect of a specified period. 4 The Welsh Ministers must consult the Secretary of State before making regulations under subsection (3) which require payments to be made by a Safeguarding Board partner mentioned in section 134(2)(b), (e) or (f). Safeguarding Boards: supplementary 139 1 A Safeguarding Board must cooperate with the National Board, and must supply the National Board with any information it requests. 2 Regulations may make provision as to the functions of Safeguarding Board partners relating to the Safeguarding Boards on which they are represented. 3 A Safeguarding Board partner must, in exercising its functions relating to a Safeguarding Board, have regard to any guidance given by the Welsh Ministers. 4 Each Safeguarding Board partner must take all reasonable steps to ensure that the Safeguarding Board on which it is represented operates effectively. Combined Safeguarding Boards 140 1 The Welsh Ministers may by order provide that in each Safeguarding Board area, the Safeguarding Children Board and the Safeguarding Adults Board are to combine so as to form a single Safeguarding Board for the area (“a Safeguarding Children and Adult Board”). 2 An order under this section may— a amend any provision of this Part as a consequence of there being a single Safeguarding Children and Adult Board for each Safeguarding Board area, and b make other consequential provision including amendments of any other enactment (whenever passed or made). Procedure for orders under section 140 141 1 Before making an order under section 140, the Welsh Ministers must consult— a each Safeguarding Board partner for the Safeguarding Board area to which the proposed order relates, b the Secretary of State, and c such other persons as the Welsh Ministers consider appropriate, on the proposed draft order. 2 The Welsh Ministers must— a allow those persons a period of at least 12 weeks to submit comments on the proposed draft order, b consider any comments submitted within that period, and c publish a summary of those comments. 3 If, following that consultation, the Welsh Ministers wish to proceed with the making of an order under section 140, they must lay a draft order before the National Assembly for Wales. 4 A draft order laid under subsection (3)— a must be accompanied by a statement of the Welsh Ministers giving details of any differences between the draft order consulted on under subsection (1) and the draft order laid under subsection (3), and b may not be approved by a resolution of the National Assembly for Wales in accordance with section 196(6) until after the expiry of the period of 60 days beginning with the day on which the draft order is laid. Interpretation of Part 7 142 In this Part— “ National Board ” (“ Bwrdd Cenedlaethol ”) means the National Independent Safeguarding Board referred to in section 132; “ Safeguarding Board ” (“ Bwrdd Diogelu ”) means a Safeguarding Children Board or a Safeguarding Adult Board established under section 134 (and references to a Safeguarding Board's area are to the Safeguarding Board area for which it is established); “ Safeguarding Board area ” (“ ardal Bwrdd Diogelu ”) means an area set out in regulations under section 134(1); “ Safeguarding Board partner ” (“ partner Bwrdd Diogelu ”) means a person or body mentioned in section 134(2) or in regulations made under section 134(6)(b) (and references to a Safeguarding Board partner's area are to the Safeguarding Board area in relation to which it is a Safeguarding Board partner). PART 8 SOCIAL SERVICES FUNCTIONS Local authorities Social services functions of local authorities 143 1 For the purposes of this Act, the social services functions of a local authority are its functions under the enactments mentioned in the first column of the table in Schedule 2 to this Act (being the functions which are described in general terms in the second column of that Schedule). 2 The Welsh Ministers may by order— a add entries to the table; b remove entries from the table; c amend entries in the table. Directors of social services 144 1 A local authority must appoint an officer, to be known as the director of social services, for the purposes of its social services functions. 2 A local authority may not appoint a person to be its director of social services unless it is satisfied that the person has demonstrated competencies specified by the Welsh Ministers. 3 The Welsh Ministers must specify the competencies for the purpose of subsection (2) in a code issued under section 145 or in regulations. 4 Two or more local authorities may, if they consider that the same person can efficiently discharge, for both or all of them, the functions of a director of social services, appoint one person as director of social services for both or all of those authorities. 5 A local authority which has appointed, or jointly appointed, a person under this section must secure the provision of adequate staff for the purposes of its social services functions in order to assist the director. Annual reports 144A 1 As soon as is reasonably practicable after the end of a financial year, a local authority must prepare and publish an annual report about the exercise of the social services functions of the authority in respect of that year. 2 The annual report must include— a details of how the authority has exercised its social services functions during the financial year, including details of the extent to which the authority has— i acted in accordance with requirements imposed on local authorities by a code issued under section 9 (codes to help achieve outcomes in relation to well-being), ii acted in accordance with any relevant requirements contained in a code issued under section 145 (codes about the exercise of social services functions), and iii had regard to any relevant guidelines in a code issued under section 145, and b such other information as may be prescribed by regulations. 3 The details provided under subsection (2)(a)(ii) must state how the authority has satisfied any requirements contained in a code relating to assessing the needs of an individual in accordance with Part 3 and meeting needs under Part 4. 4 An annual report must be in such form as may be prescribed by regulations. 5 A local authority must send a copy of a published annual report to the Welsh Ministers. 6 In this section, “ financial year ” means the period of one year beginning on 1 April and ending on 31 March. Local market stability reports 144B 1 A local authority must prepare and publish a local market stability report at such times as may be prescribed by regulations. 2 A local market stability report must include— a an assessment of— i the sufficiency of provision of care and support in the local authority area during such period as may be prescribed by regulations; ii the extent to which regulated services were provided in the local authority area during that prescribed period by service providers to whom section 61 of the Regulation and Inspection of Social Care (Wales) Act 2016 (assessment by the Welsh Ministers of financial sustainability of service provider) applies; iii any other matter relating to the provision of regulated services in the local authority area as may be prescribed by regulations; iv the effect on the exercise of the local authority's social services functions of the commissioning by the authority of any services in connection with those functions during such period as may be prescribed by regulations; b a report of any action taken by the local authority during the period prescribed under paragraph (a)(i) in pursuance of its duty under section 189(2) (temporary duty to meet needs in the case of a provider failure). 3 A local market stability report must be in such form as may be prescribed by regulations. 4 In preparing a local market stability report, a local authority must— a take account of— i the assessment it has most recently published under section 14 (needs assessments), and ii the plan it has most recently published under section 14A following the assessment, and b consult with each Local Health Board with which it carried out the assessment. 5 A local authority must send a copy of a published local market stability report to the Welsh Ministers. 6 Before making regulations under subsection (2)(a)(iii) the Welsh Ministers must consult any persons they think appropriate. 7 But the requirement to consult does not apply to regulations which— a amend other regulations made under that subsection, and b do not, in the opinion of the Welsh Ministers, effect any substantial change in the provision made by the regulations to be amended. 8 In this section— a “ service provider ” has the meaning given by section 3(1)(c) of the Regulation and Inspection of Social Care (Wales) Act 2016; b “ regulated service ” has the meaning given by section 2(1) of that Act. General duty of the Welsh Ministers General duty of the Welsh Ministers 144C In exercising functions under this Part the Welsh Ministers must seek to promote and maintain high standards in the provision of local authority social services functions. Codes Power to issue codes 145 1 The Welsh Ministers may issue, and from time to time revise, one or more codes on the exercise of social services functions (“a code”). 2 A code may impose requirements, and may include guidelines setting out aims, objectives and other matters. 3 A local authority must, when exercising social services functions— a act in accordance with any relevant requirements contained in a code (subject to section 147), and b have regard to any relevant guidelines contained in it. 4 A code may specify that section 147 does not apply to a requirement contained in the code. 5 The Welsh Ministers must— a publish each code for the time being in force on their website, and b make available to the public codes that have been replaced or revoked (whether on their website or otherwise). Issue, approval and revocation of codes 146 1 Before issuing or revising a code under section 145, the Welsh Ministers must consult such persons as they think fit on a draft of the code (or revised code). 2 If the Welsh Ministers wish to proceed with the draft (with or without modifications) they must lay a copy of the draft before the National Assembly for Wales. 3 If, before the end of the 40 day period, the National Assembly for Wales resolves not to approve the draft, the Welsh Ministers must not issue the code (or revised code) in the form of that draft. 4 If no such resolution is made before the end of that period— a the Welsh Ministers must issue the code (or revised code) in the form of the draft, and b the code (or revised code) comes into force on the date appointed by order of the Welsh Ministers. 5 The 40 day period— a begins on the day on which the draft is laid before the National Assembly for Wales, and b does not include any time during which the National Assembly for Wales is dissolved or is in recess for more than four days. 6 Subsection (3) does not prevent a new draft of a code (or revised code) from being laid before the National Assembly for Wales. 7 The Welsh Ministers may revoke a code (or revised code) issued under this section in a further code or by direction. 8 A direction under subsection (7) must be laid before the National Assembly for Wales. Departure from requirements in codes 147 1 Where this section applies to a requirement in a code (see section 145(4)), a local authority may exercise social services functions in a way that does not comply with the requirement so far as— a the authority considers there is good reason for it not to comply with the requirement in particular categories of cases or at all, b it decides on an alternative policy for the exercise of its functions in respect of the subject matter of the requirement, and c a policy statement issued by the authority in accordance with section 148 is in effect. 2 Where paragraphs (a) to (c) of subsection (1) apply, the authority— a must follow the course set out in the policy statement, and b is subject to the duty to comply with the requirement in the code only so far as the subject matter of the requirement is not displaced by the policy statement. 3 The duty to comply with a requirement in a code of practice or to follow the course set out in a policy statement does not apply to a local authority so far as it would be unreasonable for the authority to follow the code or policy statement in a particular case or category of case. Policy statements: requirements and ancillary powers 148 1 A policy statement issued under section 147(1) must set out— a how the local authority proposes that social services functions should be exercised differently from the requirement in the relevant code, and b the authority's reasons for proposing that different course. 2 An authority that has issued a policy statement may— a issue a revised policy statement; b give notice revoking a policy statement. 3 A policy statement (or revised statement) must state— a that it is issued under section 147(1), and b the date on which it is to take effect. 4 An authority that issues a policy statement (or revised statement), or gives a notice under subsection (2)(b), must— a arrange for the statement or notice to be published; b send a copy of the statement or notice to the Welsh Ministers. Directions to require compliance with codes of practice 149 1 Subsection (2) applies if, in relation to a policy statement issued by a local authority, the Welsh Ministers consider that the authority's alternative policy for the exercise of functions (in whole or in part) is not likely to lead to the exercise of social services functions to an adequate standard. 2 The Welsh Ministers may direct the local authority to take any action which the Welsh Ministers consider appropriate for the purpose of securing the exercise of functions by the authority in accordance with the relevant requirement in the relevant code. Reviews Reviews of studies and research 149A 1 The Welsh Ministers may review— a studies and research undertaken by others in relation to the exercise of the social services functions of local authorities in Wales, b the methods used in such studies and research, and c the validity of conclusions drawn from such studies and research. 2 The Welsh Ministers must— a prepare and publish a report of a review conducted under subsection (1), and b lay a copy of the report before the National Assembly for Wales. Reviews of local authority social services functions 149B 1 The Welsh Ministers may review the way in which the social services functions of local authorities are exercised. 2 In particular, the Welsh Ministers may— a review the overall exercise of local authority social services functions in Wales; b review the way in which the social services functions of a particular local authority are exercised; c review the exercise of a local authority social services function of a particular description (whether exercised by a single local authority or by two or more authorities working together); d review the exercise of a local authority social services function by a particular person or persons. 3 A reference in subsection (2) to the exercise by a local authority of local authority social services functions includes a reference to the commissioning of any services in connection with those functions. 4 The Welsh Ministers must— a prepare and publish a report of a review conducted under subsection (1), and b lay a copy of the report before the National Assembly for Wales. 5 Regulations may make provision about ratings that may be given in relation to the exercise of a specified local authority social services function. 6 If regulations are made under subsection (5) in relation to the exercise of a local authority social services function, the Welsh Ministers must— a in conducting a review of the exercise of that function give a rating in accordance with the regulations, and b include the rating in their report of the review. 7 Before making regulations under subsection (5) the Welsh Ministers must consult any persons they think appropriate. 8 But the requirement to consult does not apply to regulations which— a amend other regulations made under that subsection, and b do not, in the opinion of the Welsh Ministers, effect any substantial change in the provision made by the regulations to be amended. Fees 149C 1 Regulations may make provision for a local authority to pay a fee in respect of a review under section 149B(1). 2 Regulations under subsection (1) may include provision— a specifying the amount of any fee or permitting the Welsh Ministers to determine the amount of any fee (subject to any limits or other factors as may be specified in the regulations); b specifying the time by which a fee is to be payable or specifying factors by which that time is to be determined by the Welsh Ministers. General considerations 149D When conducting a review under section 149A or 149B, the Welsh Ministers must, in relation to the local authority social services functions under review, have regard to— a the availability and accessibility of the services; b the quality and effectiveness of the services; c the management of the services; d the economy and efficiency of their provision and their value for money; e the availability and quality of information provided to people in the local authority area about the services; f the duties imposed on local authorities by sections 5 (duty to promote well-being), 6 (other overarching duties) and 7 (duties relating to UN Principles and Convention) in so far as they are relevant to the services and the effectiveness of measures taken by a local authority to fulfil those duties; g the effectiveness of measures taken by a local authority to achieve the outcomes specified in a statement issued by the Welsh Ministers under section 8 (statement of outcomes relating to well-being) in so far as they are relevant to the services; h any performance measures and performance targets set out in a code issued under section 9 that they think are relevant; i any requirements or guidelines contained in a code issued under section 145 that they think are relevant; j the extent to which a local authority has involved people in the local authority area— i in decisions about the way in which its social services functions are exercised, and ii in reviewing the exercise of those functions. Intervention by central government Grounds for intervention 150 For the purposes of this Part, the grounds for intervention in the exercise by a local authority of its social services functions are as follows— GROUND 1 - the local authority has failed, or is likely to fail, to comply with a duty that is a social services function; GROUND 2 - the local authority has acted, or is proposing to act, unreasonably in the exercise of a social services function; GROUND 3 - the local authority is failing, or is likely to fail, to perform a social services function to an adequate standard. Warning notice 151 1 The Welsh Ministers may give a warning notice to a local authority if they are satisfied that one or more of grounds 1 to 3 exist in relation to the local authority. 2 The Welsh Ministers must specify each of the following in the warning notice— a the grounds for intervention; b the reasons why they are satisfied that the grounds exist; c the action they require the local authority to take in order to deal with the grounds for intervention; d the period within which the action is to be taken by the local authority (“the compliance period”); e the action they are minded to take if the local authority fails to take the required action. 3 Where the Welsh Ministers give a warning notice under subsection (1), they must— a within 21 days of the giving of the notice, lay a copy of the notice before the National Assembly for Wales, and b within 90 days of the giving of the notice, report to the National Assembly for Wales on the action taken by the local authority in response to the warning notice. Power of Welsh Ministers to intervene 152 1 The Welsh Ministers have the power to intervene under this Part in the exercise of social services functions by a local authority if subsection (2) or (3) applies. 2 This subsection applies if— a the Welsh Ministers have given a warning notice, and b the local authority has failed to comply, or secure compliance, with the notice to the Welsh Ministers' satisfaction within the compliance period. 3 This subsection applies if the Welsh Ministers are satisfied that one or more of grounds 1 to 3 exist in relation to the local authority and they have reason to believe that— a there is a related risk to the health or safety of any person that calls for urgent intervention under this Part, or b the local authority is unlikely to be able to comply, or secure compliance, with a warning notice. 4 The Welsh Ministers must, within 90 days of the date on which they begin to intervene in the exercise of a local authority's social services functions, report to the National Assembly for Wales on the steps taken pursuant to the intervention. 5 Where the Welsh Ministers have the power to intervene, they must keep the circumstances giving rise to the power under review. 6 If the Welsh Ministers conclude that the grounds for intervention have been dealt with to their satisfaction or that the exercise of their powers under this Part would not be appropriate for any other reason, they must notify the local authority of their conclusion in writing. 7 The Welsh Ministers' power to intervene continues in effect until they give notice under subsection (6). 8 Until such time as notice is given under subsection (6), the Welsh Ministers must, every 6 months from the date on which they begin to intervene in the exercise of a local authority's social services functions, report to the National Assembly for Wales on the steps being taken pursuant to the intervention. 9 Where the Welsh Ministers have the power to intervene, they are not limited to taking the action they said they were minded to take in a warning notice. Power to require local authority to obtain advisory services 153 1 This section applies if the Welsh Ministers have the power to intervene in the exercise of social services functions by a local authority. 2 The Welsh Ministers may direct the local authority to enter into a contract or other arrangement with a specified person, or a person falling within a specified class, for the provision to the authority of specified services of an advisory nature. 3 The direction may require the contract or other arrangement to contain specified terms and conditions. 4 In this section and section 154 “ specified ” means specified in a direction. Power to require performance of functions by other persons on behalf of authority 154 1 This section applies if the Welsh Ministers have the power to intervene in the exercise of social services functions by a local authority. 2 The Welsh Ministers may give such a direction to the local authority or any of its officers as they think is appropriate for securing that the functions to which the grounds for intervention relate are performed on behalf of the authority by a person specified in the direction. 3 A direction under subsection (2) may require that any contract or other arrangement made by the authority with the specified person contains terms and conditions specified in the direction. 4 If a direction under subsection (2) is in force, the functions of the local authority to which it relates are to be treated for all purposes as being exercisable by the specified person. Power to require performance of functions by Welsh Ministers or nominee 155 1 This section applies if the Welsh Ministers have the power to intervene in the exercise of social services functions by a local authority. 2 The Welsh Ministers may direct that the functions to which the grounds for intervention relate are to be exercised by the Welsh Ministers or a person nominated by them. 3 If a direction is made under subsection (2), the local authority must comply with the instructions of the Welsh Ministers or their nominee in relation to the exercise of the functions. 4 If a direction under subsection (2) is in force, the functions of the local authority to which it relates are to be treated for all purposes as being exercisable by the Welsh Ministers or their nominee. Power to direct exercise of other social services functions 156 1 If the Welsh Ministers think it is expedient, a direction under section 154 or 155 may relate to the performance of social services functions in addition to the functions to which the grounds for intervention relate. 2 The Welsh Ministers may have regard (among other things) to financial considerations in deciding whether it is expedient that a direction should relate to social services functions other than the functions relating to the grounds for intervention. General power to give directions and take steps 157 1 This section applies if the Welsh Ministers have the power to intervene in the exercise of social services functions by a local authority. 2 If the Welsh Ministers think it is appropriate in order to deal with the grounds for intervention, the Welsh Ministers may— a direct the local authority or any of its officers, or b take any other steps. Intervention: duty to report 158 Where the Welsh Ministers exercise their power of direction under section 153, 154, 155 or 157, they must— a within 21 days of the giving of the direction, lay a copy of the direction before the National Assembly for Wales, and b within 90 days of the giving of the direction, report to the National Assembly for Wales on the steps taken by the local authority to comply with the direction. Directions 159 1 A local authority, or an officer of an authority, subject to a direction or instruction under this Part must comply with it. 2 This includes a direction or an instruction to exercise a function that is contingent upon the opinion of the local authority or an officer of the authority. 3 A direction under this Part— a must be in writing; b may be varied or revoked by a later direction; c is enforceable by mandatory order on application by, or on behalf of, the Welsh Ministers. Duty to co-operate 160 1 A local authority must give the Welsh Ministers and any person mentioned in subsection (2) as much assistance in connection with the exercise of functions under or by virtue of this Part as they are reasonably able to give. 2 The persons are— a any person authorised for the purposes of this section by the Welsh Ministers; b any person acting under a direction under this Part; c any person assisting— i the Welsh Ministers, or ii a person mentioned in paragraph (a) or (b). Enforcement Powers of entry and inspection 161 1 A person falling within subsection (2) may authorise an inspector to enter and inspect premises falling within subsection (3). 2 The following persons fall within this subsection— a the Welsh Ministers— i where they consider it necessary or expedient for the purposes of a review conducted under section 149B(1), or ii in pursuance of a direction under section 155; b a person specified in a direction under section 153 or, where the direction specifies a class of persons, the person with whom the local authority enters into the contract or other arrangement required by the direction; c a person specified in a direction under section 154; d a person nominated in a direction under section 155. 3 The following premises fall within this subsection— a premises owned or controlled by a local authority; b premises— i which are used, or proposed to be used, by any person in connection with the exercise of a local authority social services function, or ii which the Welsh Ministers reasonably believe is being used, or may be used, for that purpose, but premises used wholly or mainly as a private dwelling do not fall within this subsection unless the occupier of the premises consents to the inspector entering and inspecting them. 4 “ Premises ” includes a vehicle. 5 The Welsh Ministers may by regulations make provision about the qualifications and other conditions to be met by an individual who may be an inspector. 6 When entering premises, an inspector must, if requested to do so by any person at the premises, produce a document showing the inspector's authorisation given under subsection (1). 7 The inspector may— a examine the state and management of the premises and, if any persons are accommodated or receive care and support at the premises, examine the treatment of those persons; b require the manager of the premises or any other person who appears to the inspector to hold or be accountable for documents or records kept at the premises to produce any documents or records (including medical and other personal records) that the inspector considers may be relevant to the exercise of functions under this Part by the person who authorised the inspector; c inspect and take copies of any documents or records (including medical and other personal records) that the inspector considers may be relevant to the exercise of functions under this Part by the person who authorised the inspector; d require any person to afford the inspector such facilities and assistance with respect to matters within the person's control as are necessary to enable the inspector to carry out the inspection; e take such measurements and photographs and make such recordings as the inspector considers necessary for the purpose of carrying out the inspection; f interview in private— i the manager of the premises or any other person who appears to the inspector to be responsible for the premises; ii any person working there; iii any person accommodated or receiving care and support there who consents to be interviewed. 8 The powers in subsection (7)(b) to (d) include the power to— a gain access to and check the operation of any computer and associated apparatus which the inspector has reasonable grounds to believe is (or has been) used in connection with the documents or records, and b require documents or records to be produced in a form which is legible and portable. 9 Subsection (10) applies where— a persons are accommodated or receiving care and support at the inspected premises, b the inspector is a registered medical practitioner or registered nurse, and c the inspector has reasonable grounds to believe that a person accommodated or receiving care and support at the premises is not receiving (or has not received) proper care and support. 10 Where this subsection applies, the inspector may examine the person in private but only if the person gives consent to the examination. 11 For the purposes of subsections (7)(f) and (10), an interview or examination is to be treated as conducted in private despite the presence of a third party if— a the person being interviewed or examined wants the third party to be present and the inspector does not object, or b the inspector wants the third party to be present and the person being interviewed or examined consents. 12 Where an inspector conducts an interview or examination under this section, the inspector must, if requested to do so by— a the person being interviewed or examined, or b an individual accompanying that person, produce a document showing the inspector's authorisation given under subsection (1) and, in the case of an examination, a document showing that the inspector is a registered medical practitioner or registered nurse. 13 As soon as is reasonably practicable after an inspector has concluded an inspection under this section, the inspector must send a report of the inspection to the person who gave the authorisation under subsection (1). 14 That person must send a copy of the inspector's report— a to the local authority being reviewed or subject to the direction, and b if the person is not the Welsh Ministers, to the Welsh Ministers. 15 In this section and sections 161A, 161B and 161C, “ inspector ” means an individual authorised under subsection (1). Code of practice about inspections 161A 1 The Welsh Ministers must prepare and publish a code of practice about the manner in which inspections of premises under section 161 are to be carried out (including about the frequency of such inspections). 2 The Welsh Ministers may revise the code and must publish a revised code. 3 An inspector must have regard to the most recently published code when carrying out an inspection under section 161. Power to require information 161B 1 The Welsh Ministers may require a person falling within subsection (2) to provide them with— a any documents, records (including medical or other personal records) or other information— i which relate to the exercise of a social services function of a local authority, and ii which the Welsh Ministers consider it necessary or expedient to have for the purposes of a review under section 149A or 149B; b an explanation of the content of— i any documents, records or other information provided under paragraph (a), or ii any documents or records provided to an inspector conducting an inspection of premises under section 161 in connection with a review under section 149B. 2 The following persons fall within this subsection— a a local authority; b a person providing a service in connection with the exercise of a local authority social services function; c a Local Health Board; d an NHS trust, but a Local Health Board or NHS trust cannot be required to provide an explanation of the content of any documents or records provided to an inspector conducting an inspection of premises under section 161. 3 A person is not required to provide documents, records or other information under subsection (1) if the person is prohibited from providing them by any enactment or other rule of law. 4 The power in subsection (1) includes power to require documents or records to be produced in a form which is legible and portable. Offences 161C 1 It is an offence for a person— a to intentionally obstruct the carrying out of an inspection of premises under section 161 by an inspector, or b to fail to comply with any requirement imposed on the person by an inspector carrying out such an inspection. 2 It is an offence for a person to fail to comply with a requirement imposed on the person by the Welsh Ministers under section 161B(1). 3 It is a defence for a person charged with an offence under subsection (1)(b) or (2) to show that the person had a reasonable excuse for not complying with the requirement. 4 A person guilty of an offence under this section is liable— a on summary conviction, to a fine, or to imprisonment for a term not exceeding 6 months, or to both; b on conviction on indictment, to a fine, or to imprisonment for a term not exceeding 2 years, or to both. 5 Sections 53 (offences by bodies corporate), 54 (offences by unincorporated bodies) and 55 (proceedings for offences) of the Regulation and Inspection of Social Care (Wales) Act 2016 apply to an offence under this section as they apply to offences under Part 1 of that Act. PART 9 CO-OPERATION AND PARTNERSHIP Co-operation Arrangements to promote co-operation: adults with needs for care and support and carers 162 1 A local authority must make arrangements to promote co-operation between— a the local authority, b each of the authority's relevant partners in the exercise of— i their functions relating to adults with needs for care and support or to adults who are carers, and ii their other functions the exercise of which is relevant to the functions referred to in sub-paragraph (i), and c such other persons or bodies as the authority considers appropriate, being persons or bodies of any nature who or which exercise functions or are engaged in activities in relation to— i adults within the authority's area with needs for care and support, or ii adults within the authority's area who are carers. 2 A local authority must also make arrangements to promote co-operation between the officers of the authority who exercise its functions. 3 The arrangements under subsections (1) and (2) are to be made with a view to— a improving the well-being of— i adults within the authority's area with needs for care and support, and ii adults within the authority's area who are carers; b improving the quality of care and support for adults, and of support for adults who are carers, provided in the authority's area (including the outcomes that are achieved from such provision); c protecting adults with needs for care and support who are experiencing, or are at risk of, abuse or neglect. 4 For the purposes of this section each of the following is a relevant partner of a local authority— a the local policing body and the chief officer of police for a police area any part of which falls within the area of the local authority; b any other local authority with which the authority agrees that it would be appropriate to co-operate under this section; c the Secretary of State to the extent that the Secretary of State is discharging functions under sections 2 and 3 of the Offender Management Act 2007 in relation to Wales; d any provider of probation services that is required by arrangements under section 3(2) of the Offender Management Act 2007 to act as a relevant partner of the authority; e a Local Health Board for an area any part of which falls within the area of the authority; f an NHS Trust providing services in the area of the authority; g the Welsh Ministers to the extent that they are discharging functions under Part 2 of the Learning and Skills Act 2000; h such a person, or a person of such description, as regulations may specify. 5 Regulations under subsection (4)(h) may not specify a Minister of the Crown or the governor of a prison (or, in the case of a contracted out prison, its director) unless the Secretary of State consents. 6 The relevant partners of a local authority must co-operate with the authority in the making of arrangements under this section. 7 A local authority and any of its relevant partners may for the purposes of arrangements under this section— a provide staff, goods, services, accommodation or other resources; b establish and maintain a pooled fund; c share information with each other. 8 For the purposes of subsection (7) a pooled fund is a fund— a which is made up of contributions by the authority and the relevant partner or partners concerned, and b out of which payments may be made towards expenditure incurred in the discharge of functions of the authority and functions of the relevant partner or partners. 9 A local authority and each of its relevant partners must, in exercising their functions under this section, have regard to any guidance given to them for the purpose by the Welsh Ministers. 10 The Welsh Ministers must consult the Secretary of State before giving guidance under subsection (9). 11 In this section— a a reference to a prison includes a young offender institution; b a reference to a contracted out prison has the meaning given by section 84(4) of the Criminal Justice Act 1991. Arrangements to promote co-operation: children 163 1 Section 25 of the Children Act 2004 (co-operation to improve well-being: Wales) is amended as follows. 2 After subsection (1) insert— 1A Each local authority in Wales must also make arrangements to promote co-operation between officers of the authority who exercise its functions. 3 For subsection (2) substitute— 2 The arrangements under subsections (1) and (1A) are to be made with a view to— a improving the well-being of children within the authority's area, in particular those with needs for care and support; b improving the quality of care and support for children provided in the authority's area (including the outcomes that are achieved from such provision); c protecting children who are experiencing, or are at risk of, abuse, neglect or other kinds of harm (within the meaning of the Children Act 1989). 4 In subsection (4)— a after paragraph (a) insert— aa any other local authority in Wales with which the authority agrees that it would be appropriate to co-operate under this section; ; b in paragraph (f) for “Assembly” substitute “ Welsh Ministers ” and for “it is” substitute “ they are ” ; c after paragraph (f) insert— g such a person, or a person of such description, as regulations made by the Welsh Ministers may specify. 5 After subsection (4) insert— 4A Regulations under subsection (4)(g) may not specify a Minister of the Crown or the governor of a prison or secure training centre (or, in the case of a contracted out prison or secure training centre, its director) unless the Secretary of State consents. 6 In subsections (8) and (9) for “Assembly” substitute “ Welsh Ministers ” . 7 After subsection (10) insert— 11 In this section— “ care and support ” means— care; support; both care and support; “ well-being ” means well-being in relation to any of the following— physical and mental health and emotional well-being; protection from abuse and neglect; education, training and recreation; domestic, family and personal relationships; contribution made to society; securing rights and entitlements; social and economic well-being; suitability of living accommodation; physical, intellectual, emotional, social and behavioural development; and it includes “welfare” as that word is interpreted for the purposes of the Children Act 1989. 8 In consequence of the amendment made by subsection (4)(b), in section 66 of the Children Act 2004 (regulations and orders), in subsection (7), after “section” insert “ 25 or ” . Duty to co-operate and provide information in the exercise of social services functions 164 1 If a local authority requests the co-operation of a person mentioned in subsection (4) in the exercise of any of its social services functions, the person must comply with the request unless the person considers that doing so would— a be incompatible with the person's own duties, or b otherwise have an adverse effect on the exercise of the person's functions. 2 If a local authority requests that a person mentioned in subsection (4) provides it with information it requires for the purpose of the exercise of any of its social services functions, the person must comply with the request unless the person considers that doing so would— a be incompatible with the person's own duties, or b otherwise have an adverse effect on the exercise of the person's functions. 3 A person who decides not to comply with a request under subsection (1) or (2) must give the local authority which made the request written reasons for the decision. 4 The persons are— a a relevant partner of the local authority making the request; b a local authority, a Local Health Board or an NHS Trust which is not a relevant partner of the local authority making the request; c a youth offending team for an area any part of which falls within the area of the local authority making the request. 5 A local authority and each of those persons mentioned in subsection (4) must in exercising their functions under this section have regard to any guidance given to them for the purpose by the Welsh Ministers. 6 The Welsh Ministers must consult the Secretary of State before giving guidance under subsection (5). 7 For the purpose of this section a relevant partner of a local authority is a person who is a relevant partner of the authority for the purposes of section 162. Duty of other persons to co-operate and provide information 164A 1 If a local authority requests the co-operation of a person mentioned in subsection (4) in the exercise of its functions mentioned in subsection (5), the person must comply with the request unless the person considers that doing so would— a be incompatible with the person’s own duties, or b otherwise have an adverse effect on the exercise of the person’s functions. 2 If a local authority requests that a person mentioned in subsection (4) provides it with information it requires for the purpose of the exercise of any of its functions mentioned in subsection (5), the person must comply with the request unless the person considers that doing so would— a be incompatible with the person’s own duties, or b otherwise have an adverse effect on the exercise of the person’s functions. 3 A person who decides not to comply with a request under subsection (1) or (2) must give the local authority which made the request written reasons for the decision. 4 The persons are— a a local authority in England; b a local housing authority in England; c NHS England; d any integrated care board , Special Health Authority, NHS Foundation Trust, or NHS trust in England established under section 25 of the National Health Service Act 2006; e any other persons— i as regulations may specify, or ii of a description as regulations may specify. 5 The functions are— a the local authority’s functions under section 14F of the Children Act 1989 (special guardianship support services); b any of the local authority’s functions in relation to safeguarding and promoting the well-being of children and young persons, in particular those with needs for care and support, and their families and others; c any of the local authority’s functions in relation to looked-after and accommodated children; d any of the local authority’s functions in relation to young persons entitled to support under sections 105 to 115. 6 Regulations under subsection (4)(e) may not specify the following persons without consent of the Secretary of State— a a Minister of the Crown, or b the governor of a prison or secure training centre (or in the case of a contracted out prison or secure training centre, its director). 7 In this section “local housing authority” (“ awdurdod tai lleol ”) means a local housing authority within the meaning of the Housing Act 1985. Promoting integration of care and support with health services etc 165 1 A local authority must exercise its social services functions with a view to ensuring the integration of care and support provision with health provision and health-related provision where it considers that this would— a promote the well-being of— i children within the authority's area, ii adults within the authority's area with needs for care and support, or iii carers within the authority's area with needs for support, b contribute to the prevention or delay of the development by children or adults within its area of needs for care and support or the development by carers within its area of needs for support, or c improve the quality of care and support for children and adults, and of support for carers, provided in its area (including the outcomes that are achieved from such provision). 2 “ Care and support provision ” means— a provision to meet the needs of children and adults for care and support, and b provision to meet carers' needs for support. 3 “ Health provision ” means provision of health services as part of the health service. 4 “ Health-related provision ” means provision of services which may have an effect on the health of individuals but which are not— a health services provided as part of the health service, or b services provided in the exercise of social services functions. 5 The “ health service ” means the health service continued under section 1(1) of the National Health Service (Wales) Act 2006. Partnership arrangements Partnership arrangements 166 1 Regulations may require specified partnership arrangements to be made by— a two or more local authorities, or b one or more local authorities and one or more Local Health Boards. 2 Partnership arrangements are arrangements for carrying out— a functions of a local authority specified in regulations which— i are social services functions, or ii in the opinion of the Welsh Ministers, have an effect on, or are affected by, a local authority's social services functions, or b functions specified in regulations of— i a Local Health Board, or ii an NHS Trust . 3 Regulations under subsection (1) must make provision— a specifying the local authorities and Local Health Boards that are to take part in partnership arrangements; b about the form that partnership arrangements are to take; c about the responsibility for, and the operation and management of, partnership arrangements; d for sharing information between the following— i local authorities; ii Local Health Boards; iii any teams or persons carrying out partnership arrangements in accordance with regulations made by virtue of subsection (4)(b); iv any partnership boards established under regulations under section 168. 4 Regulations under subsection (1) may make provision— a for a local authority or a Local Health Board to carry out any of the functions specified for the purposes of subsection (2) for the purposes of partnership arrangements; b for the establishment of teams or for the appointment of persons to carry out partnership arrangements and for assigning to those teams or persons any of the functions specified for the purposes of subsection (2); c specifying the persons or categories of persons for whose benefit partnership arrangements are to be carried out; d for the referral of persons to services provided in accordance with partnership arrangements. 5 The provision that may be made under subsection (3)(c) includes, for example, provision— a requiring partnership arrangements to be carried out under the direction of a partnership board established under regulations under section 168; b about the review of cases referred in accordance with partnership arrangements; c about complaints and disputes about the exercise of functions in accordance with partnership arrangements; d about the provision of information about partnership arrangements; e about accounts and audit in respect of functions carried out in accordance with partnership arrangements. 6 Partnership arrangements made under regulations under this section do not affect— a the liability of a Local Health Board for the exercise of any of its functions, b the liability of a local authority for the exercise of any of its functions, or c any power or duty to recover charges in respect of services provided in the exercise of any local authority functions. Resources for partnership arrangements 167 1 A local authority and a Local Health Board may pay towards the expenditure incurred for the purpose of, or in connection with, partnership arrangements made under regulations under section 166— a by making payments directly, or b by contributing to a pooled fund. 2 A local authority and a Local Health Board may provide staff, goods, services, accommodation or other resources for the purpose of, or in connection with, partnership arrangements. 3 Regulations may make further provision about the funding of partnership arrangements, including (among other things) provision— a requiring a local authority or a Local Health Board to establish and maintain a pooled fund; b for determining the amount of contributions to be made by a local authority or a Local Health Board to a pooled fund; c about expenditure for posts or categories of post established for the purpose of, or in connection with, partnership arrangements; d about expenditure for services provided in accordance with partnership arrangements; e about expenditure for the administration of partnership arrangements; f about expenditure for any other purpose connected to partnership arrangements. 4 In this section “ a pooled fund ” means a fund established and maintained by a local authority or a Local Health Board, out of which the payments may be made towards the expenditure incurred for the purpose of, or in connection with, partnership arrangements. Partnership boards 168 1 Regulations may require a partnership board in respect of partnership arrangements made under regulations under section 166 to be established by— a one or more local authorities, b one or more Local Health Boards, or c one or more local authorities and one or more Local Health Boards. 2 Regulations may make provision about— a the membership of partnership boards; b the payment of remuneration and allowances to members of partnership boards; c the objectives and functions of partnership boards; d the procedures to be followed by partnership boards; e the making of reports by partnership boards and their form, content, timing and publication. Guidance about partnership arrangements 169 1 The Welsh Ministers must issue, and from time to time revise, guidance about partnership arrangements made under regulations under section 166. 2 In exercising functions conferred on them under or by virtue of sections 166 to 168, the following must have regard to that guidance and to any outcomes specified in a statement issued under section 8— a a local authority; b a Local Health Board; c a team or person carrying out partnership arrangements in accordance with regulations made by virtue of section 166(4)(b); d a partnership board established under regulations under section 168. Adoption Adoption service: joint arrangements 170 Insert after section 3 of the Adoption and Children Act 2002— Wales – joint arrangements 3A 1 The Welsh Ministers may direct two or more local authorities in Wales to enter into specified arrangements with each other in relation to the provision of specified services maintained under section 3(1). 2 Before giving a direction under this section the Welsh Ministers must consult the local authorities to which it is to be given. 3 Specified arrangements may include (among other things) arrangements— a as to the establishment and maintenance of a pooled fund; b as to the provision of staff, goods, services, accommodation or other resources; c for determining the amount of payment or other contribution to be made towards relevant expenditure by the authorities which are parties to the arrangements; d for working in conjunction with registered adoption societies; e as to the responsibility for, and the operation and management of, the arrangements; f as to the establishment and operation of a panel to make recommendations as to— i whether a child should be placed for adoption; ii whether a prospective adopter is suitable to adopt a child; iii whether a particular child should be placed for adoption with a particular prospective adopter; g for resolving complaints about services provided in accordance with the specified arrangements; h as to the determination of disputes between the authorities which are parties to the arrangements. 4 Where the Welsh Ministers exercise their power of direction under subsection (1) they must within 21 days of the giving of the direction— a report to the National Assembly for Wales that the power has been exercised, and b lay a copy of the direction before the National Assembly for Wales. 5 In this section— “a pooled fund” is a fund made up of contributions by two or more local authorities out of which payments may be made towards relevant expenditure; “relevant expenditure” is expenditure incurred in connection with the provision of services provided in accordance with the specified arrangements; “ specified ” means specified in a direction under this section. PART 10 COMPLAINTS, REPRESENTATIONS AND ADVOCACY SERVICES CHAPTER 1 COMPLAINTS AND REPRESENTATIONS ABOUT SOCIAL SERVICES Complaints about social services 171 1 Regulations may make provision about the consideration of complaints relating to— a the discharge by a local authority of its social services functions; b the provision of services by another person pursuant to arrangements made by a local authority in the discharge of those functions; c the provision of services by a local authority or another person in pursuance of arrangements made by the authority under section 33 of the National Health Service (Wales) Act 2006 or section 75 of the National Health Service Act 2006 in relation to the functions of an NHS body (within the meaning of the relevant section) so far as exercisable in relation to Wales. 2 The regulations may provide for a complaint to be considered by one or more of the following— a the local authority in respect of whose functions the complaint is made; b an independent panel established under the regulations; c any other person or body other than a Minister of the Crown. 3 The regulations may provide for a complaint or any matter raised by the complaint— a to be referred to the Public Services Ombudsman for Wales (“the Ombudsman”) for the Ombudsman to consider whether to investigate the complaint or matter under the Public Services Ombudsman (Wales) Act 2019 (and to be treated by the Ombudsman as a complaint duly referred under section 3(3) of that Act); b to be referred to any other person or body for that person or body to consider whether to take any action otherwise than under the regulations. 4 But the regulations may not make provision about complaints capable of being considered as representations under section 174 or 176. Complaints about social services: supplementary 172 1 The following are further examples of the provision which may be made in regulations under section 171. 2 The regulations may make provision about— a the persons who may make a complaint; b the complaints which may, or may not, be made; c the persons to whom complaints may be made; d complaints which need not be considered; e the period within which complaints must be made; f the procedure to be followed in making and considering a complaint; g matters which are excluded from consideration; h the making of a report or recommendations about a complaint; i the action to be taken as a result of a complaint. 3 The regulations may— a require a person about whom, or a body about which, a complaint is made to make a payment in relation to the consideration of the complaint under the regulations, b require a payment of that kind— i to be made to a person or body specified in the regulations, and ii to be of an amount specified in, or calculated or determined under, the regulations, and c require an independent panel to review the amount chargeable under paragraph (a) in a particular case and, if the panel thinks fit, to substitute a lesser amount. 4 The regulations may require a person who, or a body which, considers complaints under the regulations to give publicity to the procedures to be followed under the regulations. 5 The regulations may also— a provide for different parts or aspects of a complaint to be treated differently; b require the production of information or documents to enable a complaint to be properly considered; c authorise the disclosure of information or documents relevant to a complaint to a person who, or a body which, is considering a complaint under the regulations or to whom a complaint has been referred (despite any rule of common law that would otherwise prohibit or restrict the disclosure). 6 The regulations may make provision about complaints which raise both matters falling to be considered under the regulations and matters falling to be considered under other statutory complaints procedures; including (among other things) provision to— a enable a complaint of that kind to be made under the regulations, and b secure that matters falling to be considered under other statutory complaints procedures are treated as if they had been raised in a complaint made under the appropriate procedures. 7 In subsection (6) “ statutory complaints procedures ” means procedures established by or under an enactment within the legislative competence of the National Assembly for Wales. Assistance for complainants 173 1 Regulations may require local authorities to— a make arrangements to provide assistance (by way of representation or otherwise) to persons who make, or intend to make, a complaint under regulations made under section 171, and b give publicity to the arrangements for the provision of that assistance. 2 The regulations may, for example, make provision about— a the persons to whom assistance must be provided; b the kind of assistance that must be provided to those persons; c the persons by whom that assistance may be provided; d the stage or stages in the consideration of a complaint in relation to which that assistance must be provided; e the kind of publicity that must be given to the arrangements for the provision of that assistance. Representations relating to certain children etc 174 1 A local authority must establish a procedure for considering— a representations (including complaints) made to the authority by a person to whom subsection (3) applies about its discharge of a qualifying function in relation to a child who is being looked after by it, or who is not being looked after by it but may have needs for care and support; b representations (including complaints) made to the authority by a person to whom subsection (4) applies about its discharge of functions under section 14F of the Children Act 1989 (special guardianship support services) which have been specified in regulations; c representations (including complaints) made to the authority by a person to whom subsection (5) applies about its discharge of functions under the Adoption and Children Act 2002 which have been specified in regulations. 2 The following are qualifying functions for the purposes of subsection (1)(a)— a functions exercisable in relation to a child under Parts 3 to 6 (other than functions which are exercisable in relation to the child as a carer); b functions exercisable in relation to a child under Part 7; c functions under Part 4 or Part 5 of the Children Act 1989 which have been specified in regulations. 3 This subsection (relating to representations about the discharge of qualifying functions) applies to— a the child who is being looked after by the local authority, or who is not being looked after by it but may have needs for care and support; b a parent of the child; c a person who is not a parent of the child but who has parental responsibility for the child; d a local authority foster parent with whom the child is placed under section 81(5); e a prospective adopter with whom the child is placed under section 81(11); f any other person whom the local authority considers has a sufficient interest in the child's welfare to warrant his or her representations being considered by the authority. 4 This subsection (relating to representations about the discharge of specified functions under section 14F of the Children Act 1989) applies to— a a child in relation to whom a special guardianship order is in force; b a special guardian or a parent of the child; c a person who has applied for an assessment under section 14F(3) or (4) of the Children Act 1989; d any other person whom the local authority considers has a sufficient interest in the welfare of the child to warrant his or her representations being considered by the authority. 5 This subsection (relating to representations about the discharge of specified functions under the Adoption and Children Act 2002) applies to— a a person mentioned in section 3(1) of the Adoption and Children Act 2002 (persons for whose needs provision is made by the Adoption Service) and any other person to whom arrangements for the provision of adoption services (within the meaning of that Act) extend; b any other person whom the authority considers has sufficient interest in a child who is or may be adopted to warrant his or her representations being considered by it. 6 A local authority must ensure (subject to subsection (8)) that the procedure which it establishes for the purposes of this section secures that at least one person who is not a member or officer of the local authority takes part in— a the consideration of any representation to which this section applies, and b any discussions which are held by the authority about the action to be taken, as a result of that consideration, in relation to the person to whom the representation relates. 7 Regulations may make further provision about the procedure which must be established for the purposes of this section. 8 The regulations may provide (among other things) that subsection (6) does not apply in relation to a consideration or discussion which takes place for the purpose of resolving informally the matters raised in a representation. 9 A local authority must give publicity to the procedure which it establishes for the purposes of this section. Representations relating to certain children etc: further provision 175 1 A local authority, in considering representations to which section 174 applies, must comply with requirements imposed by or under subsections (6) to (8) of that section. 2 Regulations may require local authorities to monitor the steps they have taken to ensure that they comply with those requirements. 3 Regulations may impose time limits on the making of representations to which section 174 applies. 4 Where a representation has been considered under a procedure established for the purposes of section 174, the local authority must— a have regard to the findings of the persons who considered the representation, and b take such steps as are reasonably practicable to notify (in writing) the persons mentioned in subsection (5) of the authority's decision and its reasons for taking that decision and of any action which it has taken or proposes to take. 5 The persons are— a the person who made the representation, b the person to whom the representation relates (if different), and c any other person who appears to the authority likely to be affected. 6 Where the person mentioned in subsection (5)(b) or (c) is a child, the duty under subsection (4)(b) applies only where the local authority considers that the child has sufficient understanding. Representations relating to former looked after children etc 176 1 A local authority must establish a procedure for considering representations (including complaints) made to it by persons to whom subsection (2) applies about the discharge of its functions under Parts 3 to 7 in relation to those persons. 2 This subsection applies to— a category 2 young persons; b category 3 young persons; c category 4 young persons; d category 5 young persons; e category 6 young persons; f persons under the age of 25 who, if they were under the age of 21, would be— i category 5 young persons, or ii category 6 young persons falling within that category by virtue of section 104(3)(a). 3 Regulations may impose— a requirements in relation to the procedure that must be established; b time limits on the making of representations to which the procedure applies. 4 A local authority must— a give publicity to the procedure which it establishes for the purposes of this section; b comply with any requirements imposed under subsection (3)(a) in considering representations to which this section applies. 5 In this section “category 2 young person”, “category 3 young person”, “ category 4 young person ”, “ category 5 young person ” and “ category 6 young person ” have the meanings given by section 104. Further consideration of representations 177 1 Regulations may make provision for the further consideration of representations (including complaints) which fall within section 174 or 176. 2 The regulations may, for example, make provision— a for the further consideration of a representation by an independent panel established under the regulations; b about the procedure to be followed on the further consideration of a representation; c for the making of recommendations about the action to be taken as a result of the further consideration of a representation; d about the making of reports about the further consideration of a representation; e about the action to be taken by the local authority concerned as a result of the further consideration of a representation; f for a representation to be referred back to the local authority concerned for reconsideration by the authority. 3 The regulations may— a require the making of a payment, in relation to the further consideration of a representation, by a local authority in respect of whose functions the representation is made; b require the payment— i to be made to a person or body specified in the regulations, and ii to be of an amount specified in, or calculated or determined under, the regulations; c require an independent panel to review the amount chargeable under paragraph (a) in a particular case and, if the panel thinks fit, to substitute a lesser amount; d provide for different parts or aspects of a representation to be treated differently; e require the production of information or documents to enable a representation to be properly considered; f authorise the disclosure of information or documents relevant to a representation to a person who, or a body which, is further considering a representation under the regulations (despite any rule of common law that would otherwise prohibit or restrict the disclosure). 4 The regulations may also provide for a representation or any matter raised by a representation— a to be referred to the Public Services Ombudsman for Wales (“the Ombudsman”) for the Ombudsman to consider whether to investigate the representation or matter under the Public Services Ombudsman (Wales) Act 2019 (and to be treated by the Ombudsman as a complaint duly referred under section 3(3) of that Act); b to be referred to any other person or body for that person or body to consider whether to take any action otherwise than under the regulations. Assistance for persons making representations 178 1 A local authority must make arrangements for the provision of assistance to— a children who make or intend to make representations which fall within section 174, and b persons who make or intend to make representations which fall within section 176. 2 The duty under subsection (1) includes a duty to make arrangements for the provision of assistance where those representations are further considered under section 177. 3 The assistance provided under the arrangements must include assistance by way of representation. 4 Regulations must make further provision in relation to the arrangements. 5 The regulations— a must require the arrangements to secure that specified persons or categories of persons do not provide assistance, and b may impose other requirements in relation to the arrangements. 6 Regulations may require local authorities to monitor the steps they have taken to ensure that they comply with requirements imposed by or under this section. 7 A local authority must give publicity to its arrangements for the provision of assistance under this section. CHAPTER 2 COMPLAINTS ABOUT PRIVATE SOCIAL CARE AND PALLIATIVE CARE Investigation of complaints about privately arranged or funded social care and palliative care 179 Schedule 3 (which inserts new Parts 2A and 2B into the Public Services Ombudsman (Wales) Act 2005 to give the Public Services Ombudsman for Wales powers to investigate complaints about certain kinds of social care and palliative care and makes consequential amendments) has effect. Independent advocacy services for complaints about privately arranged or funded palliative care 180 1 Section 187 of the National Health Service (Wales) Act 2006 (independent advocacy services) is amended as follows. 2 In subsection (2)— a in paragraph (a) for “or independent provider” substitute “ , independent provider or independent palliative care provider ” , b in paragraph (c) omit the words “or the Public Services Ombudsman for Wales”, and c after paragraph (c) insert— ca a complaint to the Public Services Ombudsman for Wales which relates to a health service body or independent palliative care provider, . 3 In subsection (3) insert in the appropriate place— “ independent palliative care provider ” means a person who is an independent palliative care provider (within the meaning given by section 34T of the Public Services Ombudsman (Wales) Act 2005), . CHAPTER 3 ADVOCACY SERVICES Provision of advocacy services 181 1 Regulations may require a local authority to arrange for advocacy services to be made available to people with needs for care and support (whether or not those needs are being met by a local authority); this is subject to section 182. 2 “Advocacy services” are services which provide assistance (by way of representation or otherwise) to persons for purposes relating to their care and support. 3 The regulations may specify— a the persons, or description of persons, to whom advocacy services are to be made available; b the circumstances in which advocacy services are to be made available; c the persons, or description of persons, by whom advocacy services may, or may not, be provided. 4 The regulations must require a local authority to give publicity to its arrangements for making advocacy services available. Provision of advocacy services: restrictions 182 1 Regulations under section 181 may not require advocacy services to be made available to a person— a for the purpose of making a complaint in respect of which a local authority is required to make arrangements for the provision of assistance to the person by virtue of regulations under section 173; b for the purpose of making representations in respect of which a local authority is required to make arrangements for the provision of assistance to the person under section 178; c for purposes in respect of which the Welsh Ministers are required to make arrangements to enable an independent mental health advocate to be available under section 130E of the Mental Health Act 1983; d for purposes in respect of which a local authority is required to make arrangements for the provision of independent advocacy services under section 332BB of the Education Act 1996 69 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018 or paragraph 6D of Schedule 17 to the Equality Act 2010; e for purposes in respect of which the Welsh Ministers are required to make arrangements to enable an independent mental capacity advocate to be available under section 35 of the Mental Capacity Act 2005; f for the purpose of making a complaint in respect of which the Welsh Ministers are required to arrange for the provision of independent advocacy services under section 187 of the National Health Service (Wales) Act 2006. 2 Where— a advocacy services are being provided for a person under section 15, 17, 35, 36, 37 or 38, and b regulations under section 181 would (apart from this subsection) impose a requirement upon a local authority to make advocacy services available to that person in respect of the same matters, that requirement does not apply. Publicising advocacy services in care homes 183 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 11 MISCELLANEOUS AND GENERAL Miscellaneous Research and provision of information 184 1 The Welsh Ministers may conduct, commission, or assist in the conduct of, research into any matter connected with— a their functions under this Act, b the functions mentioned in subsection (12), c the functions of Local Health Boards under this Act, or d the functions of Safeguarding Boards. 2 A local authority may conduct, commission, or assist in the conduct of, research into any matter connected with— a any of its functions that are mentioned in subsection (12), or b the functions of Safeguarding Boards. 3 A Local Health Board may conduct, commission, or assist in the conduct of, research into any matter connected with its functions under this Act. 4 The Welsh Ministers may require a local authority to provide them with information in connection with— a the performance by the authority of any of its functions that are mentioned in subsection (12), and b the persons in relation to whom the authority has exercised those functions. 5 The Welsh Ministers may require a Local Health Board to provide them with information in connection with— a the performance of its functions under this Act, and b the persons in relation to whom it has exercised those functions. 6 The Welsh Ministers may require the lead partner of a Safeguarding Board to provide them with information in connection with the performance by that Board of its functions. 7 The Welsh Ministers may require a voluntary organisation to provide them with information in connection with adults accommodated by the organisation or on its behalf. 8 A requirement under subsection (4), (5), (6) or (7) must be complied with by providing the information in such form and at such time as the Welsh Ministers may require. 9 Information required to be provided under subsection (4) may include information relating to and identifying individual children, but only if that information is needed to inform— a the review and development of policy and practice relating to the well-being of children, or b the conduct of research relating to the well-being of children. 10 The Welsh Ministers must in each year lay before the National Assembly for Wales a summary of the information provided to them under subsections (4), (5), (6) and (7), but the summary must not include information that identifies an individual child or allows an individual child to be identified. 11 In this section— “ the lead partner of a Safeguarding Board ” (“ partner arweiniol Bwrdd Diogelu ”) is the Safeguarding Board partner specified as the lead partner in regulations under section 134, and “ Safeguarding Board ” (“ Bwrdd Diogelu ”) means a Safeguarding Children Board or a Safeguarding Adults Board established under section 134. 12 The functions referred to in subsections (1), (2) and (4) are— a any function of a local authority under this Act; b any function of a local authority as a local mental health partner under the Mental Health (Wales) Measure 2010. Adults in prison, youth detention accommodation or bail accommodation etc 185 1 In its application to an adult who is detained in prison or youth detention accommodation in Wales, this Act has effect as if references to being ordinarily resident in an area were references to being detained in prison or youth detention accommodation in that area. 2 In its application to an adult who is residing in approved premises in Wales, this Act has effect as if references to being ordinarily resident in an area were references to being resident in approved premises in that area. 3 In its application to an adult who is residing in any other premises in Wales because a requirement to do so has been imposed on the adult as a condition of the grant of bail in criminal proceedings, this Act has effect as if references to being ordinarily resident in an area were references to being resident in premises in that area for that reason. 4 The provisions set out in subsection (5) do not apply in the case of an adult who is— a detained in prison or youth detention accommodation, or b residing in approved premises. 5 The provisions are— a section 110 (support for category 3 young people); b section 112 (support for category 4 young people); c section 114 (support for category 5 young people and former category 5 young people); d section 115 (support for category 6 young people and former category 6 young people). 6 Section 127 (adult protection and support orders) does not apply in the case of an adult who is detained in prison or youth detention accommodation. 7 See also section 187 for further modifications of this Act's provisions in relation to— a adults who are detained in prison or in youth detention accommodation, and b adults who are residing in approved premises. Children in youth detention accommodation, prison or bail accommodation etc 186 1 In subsection (2), a “ relevant child ” means a child who, having been convicted of an offence— a is detained in youth detention accommodation or in prison, b is residing in approved premises, or c is residing in any other premises because a requirement to do so has been imposed on the child as a condition of the grant of bail in criminal proceedings. 2 Where a relevant child, immediately before being convicted of an offence— a has needs for care and support that are being met by a local authority under Part 4, b is looked after by a local authority by virtue of being provided with accommodation by the authority, or c is ordinarily resident in the area of a local authority, but does not come within paragraph (a) or (b), the child is to be treated for the purposes of this Act as being within that local authority's area while he or she is a relevant child (and is not to be treated as being ordinarily resident or within any other local authority's area). 3 The provisions set out in subsection (4) do not apply in relation to a child who, having been convicted of an offence— a is detained in youth detention accommodation or in prison, or b is residing in approved premises. 4 The provisions are— a section 79 (provision of accommodation for children in care); b section 80 (maintenance of looked after children); c section 81 (ways in which looked after children are to be accommodated and maintained); d section 82 (review of child's case before making alternative arrangements for accommodation); e section 109 (support for category 2 young people); f section 114 (support for category 5 young people and former category 5 young people); g section 115 (support for category 6 young people and former category 6 young people); h paragraph 1 of Schedule 1 (liability to contribute towards maintenance of looked after children). 5 Section 119 (use of accommodation for restricting liberty) does not apply in relation to— a a child who, having been convicted of an offence— i is detained in youth detention accommodation or in prison, or ii is residing in approved premises, or b a child who is remanded to youth detention accommodation under section 91 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012. 6 The provisions set out in subsection (7) do not apply in relation to a child who— a having been convicted of an offence— i is detained in youth detention accommodation or in prison, or ii is residing in approved premises, and b immediately before being convicted, was provided with accommodation by a local authority in England under section 20 of the Children Act 1989. 7 The provisions are— a section 21 (duty to assess the needs of a child for care and support); b section 37 (duty to meet care and support needs of a child); c section 38 (power to meet care and support needs of a child). 8 See also section 187 for further modifications of this Act's provisions in relation to— a children who are detained in youth detention accommodation or in prison, and b children who are residing in approved premises. Persons in prison, youth detention accommodation or bail accommodation etc 187 1 A person is not a carer for the purposes of this Act if the person— a is detained in prison or youth detention accommodation, or b having been convicted of an offence, is residing in approved premises. 2 Regulations under section 50 or 51 (direct payments) may not require or allow payments to be made towards the cost of meeting a person's needs for care and support if that person, having been convicted of an offence, is— a detained in prison or in youth detention accommodation, or b residing in approved premises. 3 The power under section 57 (preference for particular accommodation) may not be exercised in the case of a person who is— a detained in prison or in youth detention accommodation, or b residing in approved premises, except for the purpose of making provision with respect to accommodation for the person on the person's release from prison or youth detention accommodation (including temporary release), or on the person's ceasing to reside in the approved premises. 4 Section 58 (protecting property of persons being cared for away from home) does not apply in the case of a person who is— a detained in prison or in youth detention accommodation, or b residing in approved premises. Interpretation of sections 185 to 187 188 1 In sections 185 to 187— “ approved premises ” (“ mangre a gymeradwywyd ”) has the meaning given by section 13 of the Offender Management Act 2007; “ bail in criminal proceedings ” (“ mechnïaeth mewn achos troseddol ”) has the meaning given by section 1 of the Bail Act 1976; “ prison ” (“ carchar ”) has the same meaning as in the Prison Act 1952 (see section 53(1) of that Act); “ youth detention accommodation ” (“ llety cadw ieuenctid ”) means— a secure accommodation service (within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016); a secure training centre; a secure college a young offender institution; accommodation provided, equipped and maintained by the Welsh Ministers under section 82(5) of the Children Act 1989 for the purpose of restricting the liberty of children; accommodation, or accommodation of a description, for the time being specified by regulations under section 248(1)(f) of the Sentencing Code (youth detention accommodation for purposes of detention and training orders). 2 For the purposes of sections 185 to 187— a a person who is temporarily absent from prison or youth detention accommodation is to be treated as detained in prison or youth detention accommodation for the period of absence; b a person who is temporarily absent from approved premises is to be treated as residing in approved premises for the period of absence; c a person who is temporarily absent from other premises in which the person is required to reside as a condition of the grant of bail in criminal proceedings is to be treated as residing in the premises for the period of absence. Provider failure: temporary duty on local authority 189 1 This section applies where a service provider becomes unable to provide a regulated service because of business failure. 2 A local authority must for so long as it considers necessary (and in so far as it is not already required to do so) meet— a those of an adult's needs for care and support, and b those of a relevant carer's needs for support, which were, immediately before the service provider became unable to provide the regulated service, being met in the authority's area by the service provider (but this is subject to section 190). 3 A local authority is required to meet needs under subsection (2) regardless of— a whether the relevant person is ordinarily resident in its area; b whether the authority has carried out a needs assessment or a financial assessment; c whether the authority would otherwise have a duty to meet those needs under this Act. 4 A local authority may impose a charge for meeting needs under subsection (2) (except in so far as those needs are met by the provision of information or advice). 5 A charge under subsection (4)— a may be imposed only in respect of needs which were not, immediately before the service provider became unable to provide the regulated service , being met— i under arrangements made by a local authority discharging its duty under section 35 or 40, or exercising its power under section 36 or 45, or ii by the provision of accommodation or services all or part of the cost of which was paid for by direct payments made by virtue of section 50 or 52; b may cover only the cost that the local authority incurs in meeting those needs. 6 Sections 60 to 67, 70, 71 and 73 apply to charging under subsection (4) as they apply to charging under section 59, and accordingly a local authority's power to impose a charge under that subsection is subject to— a the provision made in regulations under section 61 or 62 (if any), and b the authority's duties under sections 63, 66 and 67 (if applicable). 7 If the relevant person is not ordinarily resident in the area of the local authority which is required to meet needs under subsection (2), the authority— a must, in meeting needs under that subsection which were being met under arrangements made by another local authority discharging its duty under section 35 or 40 or exercising its power under section 36 or 45, co-operate with that authority; b must, in meeting needs under that subsection which were being met under arrangements all or part of the cost of which was paid for by another local authority by means of direct payments made by virtue of section 50 or 52, co-operate with that authority; c may recover from the other local authority mentioned in paragraph (a) or (b) the cost it incurs in meeting those of the adult's needs or the relevant carer's needs referred to in the paragraph in question. 8 Any dispute between local authorities about the application of this section is to be determined under section 195 as if it were a dispute of the type mentioned in subsection (1) of that section. 9 In this section and (where relevant) in section 190 and 191— ... “ regulated service ” (“ gwasanaeth rheoleiddiedig ”) has the same meaning as in Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016; “ relevant carer ” (“ gofalwr perthnasol ”) means a carer who— is an adult, and provides or intends to provide care for another adult; “ relevant person ” (“ person perthnasol ”) means— in a case involving an adult's needs for care and support, that adult; in a case involving a relevant carer's needs for support, the adult needing care. “ service provider ” (“ darparwr gwasanaeth ”) has the same meaning as in Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016. Provider failure: exception to temporary duty 190 1 A local authority is not required to meet needs which were, immediately before the service provider became unable to provide the regulated service , being met— a under arrangements made by a local authority in England under Part 1 of the Care Act 2014; b under arrangements made by a local authority in Scotland discharging its duty under section 12 or 13A of the Social Work (Scotland) Act 1968 or section 25 of the Mental Health (Care and Treatment) (Scotland) Act 2003; c under arrangements made by a Health and Social Care trust under Article 15 of the Health and Personal Social Services (Northern Ireland) Order 1972 (S.I. 1972/1265 (N.I. 14)) or section 2 of the Carers and Direct Payments Act (Northern Ireland) 2002; d by the provision of accommodation or services all or part of the cost of which was paid for by direct payments made— i . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ia by virtue of sections 31 to 33 of the Care Act 2014, ii as a result of the choice made by the adult pursuant to section 5 of the Social Care (Self-directed Support) (Scotland) Act 2013, or iii by virtue of section 8 of the Carers and Direct Payments Act (Northern Ireland) 2002. 2 Pending the commencement of Part 1 of the Care Act 2014, subsection (1)(a) is to be read as if there were substituted for it— a under arrangements made by or by means of services provided by a local authority in England under— i Part 3 of the National Assistance Act 1948, ii section 45 of the Health Services and Public Health Act 1968, iii section 117 of the Mental Health Act 1983, iv Schedule 20 to the National Health Service Act 2006, or v section 2 of the Carers and Disabled Children Act 2000; . 3 Pending the commencement of section 5 of the Social Care (Self-directed Support) (Scotland) Act 2013, subsection (1)(d)(ii) is to be read as if there were substituted for it— ii under section 12B of the Social Work (Scotland) Act 1968, or . Provider failure: supplementary 191 1 A local authority becomes subject to the duty under section 189(2) as soon as it becomes aware of the business failure. 2 Section 34 (how to meet needs) and sections 46 to 49 (meeting needs: exceptions and restrictions) apply to meeting needs under section 189 as they apply to meeting needs under sections 35 to 45. 3 Regulations may make provision about the persons whom the local authority must involve in connection with meeting needs under section 189(2). 4 Where a person whose needs are being met by a local authority under section 189(2) is also being provided with continuing NHS care under arrangements made by a Local Health Board no part of whose area is in the local authority's area, the Local Health Board is to be treated as a relevant partner of the authority for the purposes of sections 162 and 164. 5 In subsection (4) “ continuing NHS care ” means services or facilities provided by virtue of sections 3(1)(e) and 12 of the National Health Service (Wales) Act 2006. 6 Where a local authority considers it necessary to do so for the purpose of carrying out its duty under section 189(2), it may request the service provider, or such other person involved in the service provider's business as it considers appropriate, to provide it with information. 7 Regulations must make provision for the purposes of section 189 and this section as to the interpretation of references to business failure or to being unable to do something because of business failure; and the regulations may, in particular, specify circumstances in which a person is to be treated as unable to provide a regulated service because of business failure. Amendment of the National Assistance Act 1948 192 In section 49 of the National Assistance Act 1948 (expenses of council officers acting as receivers), after “Act” insert “ , other than one in Wales, ” . Supplementary Recovery of costs between local authorities 193 1 Subsection (2) applies where— a a local authority (“authority A”) provides or arranges care and support to a person who is ordinarily resident in the area of another local authority (“authority B”), and b the care and support was provided either— i to meet urgent needs in order to safeguard the person's well-being, or ii with the consent of authority B. 2 Authority A may recover from authority B any reasonable expenses incurred by it in providing or arranging the care and support. 3 Where a local authority provides accommodation under section 76(1) for a child who was (immediately before it began to look after the child) ordinarily resident within the area of another local authority or local authority in England , it may recover from that other authority any reasonable expenses incurred by it in providing the accommodation and maintaining the child. 4 Subsection (5) applies where a local authority (“authority A”) provides accommodation under section 77(1) or (2)(a) or (b) for a child who is ordinarily resident within the area of another local authority or local authority in England (“authority B”) and it is not maintaining the child in— a a community home provided by authority A, b a controlled community home, or c a hospital vested in the Welsh Ministers, an NHS Trust, an NHS Foundation Trust or the Secretary of State, or any other hospital made available pursuant to arrangements made by a Local Health Board, an NHS Trust, an NHS Foundation Trust, the Welsh Ministers, the Secretary of State, NHS England or an integrated care board . 5 Authority A may recover from authority B any reasonable expenses incurred by it in providing the accommodation and maintaining the child. 6 Except where subsection (7) or (8) applies, where a local authority complies with any request under section 164(1) or (2) , or under section 27(2) of the Children Act 1989 (co-operation between authorities), in relation to a person who is not ordinarily resident within its area, it may recover from the local authority or local authority in England in whose area the person is ordinarily resident any reasonable expenses incurred by it in respect of that person. 7 Where a local authority (“authority A”) complies with any request under section 164(1) or (2) from another local authority (“authority B”) in relation to a person for whom authority B is the responsible local authority within the meaning of section 104, authority A may recover from authority B any reasonable expenses incurred by it in exercising its functions under sections 105 to 115 in respect of that person. 8 Where a local authority (“authority A”) complies with any request under section 27(2) of the Children Act 1989 (co-operation between authorities) from a local authority in England (“authority B”) in relation to a person— a whose responsible authority (within the meaning of Part 3 of that Act) is authority B for the purposes of section 23B or 23C of that Act, or b whom authority B are advising or befriending or to whom it is giving assistance by virtue of section 24(5)(a) of that Act, authority A may recover from authority B any reasonable expenses incurred by it in exercising its functions under sections 105 to 115 of this Act in respect of that person. Ordinary residence 194 1 Where an adult has needs for care and support which can be met only if the adult is living in accommodation of a type specified in regulations and the adult is living in accommodation in Wales of a type so specified, the adult is to be treated for the purposes of this Act as ordinarily resident— a in the area in which the adult was ordinarily resident immediately before the adult began to live in accommodation of a type specified in the regulations, or b if the adult was of no settled residence immediately before the adult began to live in accommodation of a type so specified, in the area in which the adult was present at that time. 2 Where, before beginning to live in his or her current accommodation, the adult was living in accommodation of a type so specified (whether or not of the same type as the current accommodation), the reference in subsection (1)(a) to when the adult began to live in accommodation of a type so specified is a reference to the beginning of the period during which the adult has been living in accommodation of one or more of the specified types for consecutive periods. 3 The regulations may make provision for determining for the purposes of subsection (1) whether an adult has needs for care and support which can be met only if the adult is living in accommodation of a type specified in regulations. 4 A person who is being provided with accommodation under a health enactment is to be treated for the purposes of this Act as ordinarily resident— a in the area in which the person was ordinarily resident immediately before the accommodation was provided, or b if the person was of no settled residence immediately before the accommodation was provided, in the area in which the person was present at that time. 4A A person who is being provided with accommodation under section 117 of the Mental Health Act 1983 (after-care) is to be treated for the purposes of this Act as ordinarily resident in the area of the local authority, or the local authority in England, on which the duty to provide that person with services under that section is imposed. 5 In subsection (4) “ health enactment ” means— a the National Health Service (Wales) Act 2006; b the National Health Service Act 2006; c the National Health Service (Scotland) Act 1978; d the Health and Personal Social Services (Northern Ireland) Order 1972 (S.I. 1972/1265 (N.I. 14)); e the Health and Social Care (Reform) Act (Northern Ireland) 2009. 6 In determining the ordinary residence of a child for the purposes of this Act, the child's residence in the following places is to be disregarded— a a school or other institution; b a place in which the child is placed in accordance with the requirements of a supervision order under the Children Act 1989; c a place in which the child is placed in accordance with the requirements of a youth rehabilitation order under Chapter 1 of Part 9 of the Sentencing Cod ; d accommodation provided by or on behalf of a local authority or a local authority in England; e a place specified in regulations. 7 See also sections 185(1) to (3) and 186(2) for provision as to the ordinary residence of persons in prison, youth detention accommodation or bail accommodation etc. 8 For provision about cross-border placements to and from England, Scotland or Northern Ireland, see Schedule 1 to the Care Act 2014. Disputes about ordinary residence and portability of care and support 195 1 A dispute between local authorities about where a person is ordinarily resident in Wales for the purposes of this Act, or a dispute between a sending and receiving authority under section 56 about the application of that section in relation to a person, is to be determined by— a the Welsh Ministers, or b a person appointed by the Welsh Ministers for that purpose (“an appointed person”). 1A Where the dispute is one to which section 30(2C) of the Children Act 1989 applies (questions of whether child ordinarily resident in England or Wales), then subsection (1) does not apply. 2 Regulations may make further provision about the resolution of disputes of the type mentioned in subsection (1); the regulations may, for example, make— a provision for ensuring that care and support is provided to a person while a dispute is unresolved; b provision requiring local authorities in dispute to take specified steps before referring a dispute to the Welsh Ministers or an appointed person; c provision about the procedure for referring a dispute to the Welsh Ministers or an appointed person; d provision about the review of a determination made under subsection (1). Offences committed by bodies or partnerships 195A 1 Where a body corporate is guilty of an offence under this Act, and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of— a any director, manager, secretary or other similar officer of the body corporate; or b any person purporting to act in any such capacity, that person is guilty of the offence as well as the body corporate, and is liable to be proceeded against and punished accordingly. 2 For the purposes of this section “director” (“ cyfarwyddwr ”) in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate. 3 Proceedings for an offence alleged to have been committed under this Act by an unincorporated body are to be brought in the name of that body (and not in that of any of its members) and, for the purposes of any such proceedings, any rules of court relating to the service of documents have effect as if that body were a corporation. 4 Any fine imposed on an unincorporated body on its conviction of an offence under this Act is to be paid out of the funds of that body. 5 If an unincorporated body is charged with an offence under this Act, section 33 of the Criminal Justice Act 1925 (c. 86) and Schedule 3 to the Magistrates’ Courts Act 1980 (c. 43) have effect as if a corporation had been charged. 6 Where an offence under this Act committed by an unincorporated body (other than a partnership) is proved to have been committed with the consent or connivance of, or attributable to any neglect on the part of, any officer of the body or any member of its governing body, that person as well as the body is guilty of the offence and liable to be proceeded against and punished accordingly. 7 Where an offence under this Act committed by a partnership or a Scottish partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, that partner as well as the partnership is guilty of the offence and liable to be proceeded against and punished accordingly. General Orders and regulations 196 1 A power to make an order or regulations under this Act is to be exercised by statutory instrument. 2 A power to make an order or regulations under this Act includes power— a to make different provision for different cases or classes of case, different areas or different purposes; b to make different provision generally or subject to specified exemptions or exceptions or only in relation to specific cases or classes of case; c to make incidental, supplementary, consequential, transitory, transitional or saving provision. 3 Subsections (1) and (2) do not apply to an order which may be made by a court or a justice of the peace. 4 A statutory instrument containing regulations made by the Welsh Ministers under this Act is subject to annulment in pursuance of a resolution of the National Assembly for Wales. 5 Subsection (4) does not apply to regulations to which subsection (6) applies. 6 A statutory instrument containing the following regulations or orders (whether alone or with other provision) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales— a regulations under section 3(6), 16(3), 18(3), 32, 37(1), 40(1), 42(1), 119, 127(9), 135(4), 149B(5), 149C(1), 166, 167(3), 168 or 181; b an order under section 140 or 143(2); c regulations under section 198 which amend or repeal any provision of an Act of Parliament or a Measure or Act of the National Assembly for Wales; ca the first regulations made under section 83(2B); d the first regulations made under section 144A(2)(b); (see sections 33 and 141 for further requirements in relation to the making of regulations under section 32 and orders under section 140). 7 A statutory instrument containing regulations made by the Lord Chancellor under section 101 is subject to annulment in pursuance of a resolution of either House of Parliament. General interpretation and index of defined expressions 197 1 In this Act— “ abuse ” (“ camdriniaeth”, “cam-drin ”) means physical, sexual, psychological, emotional or financial abuse (and includes abuse taking place in any setting, whether in a private dwelling, an institution or any other place), and “ financial abuse ” (“ camdriniaeth ariannol ”) includes— having money or other property stolen; being defrauded; being put under pressure in relation to money or other property; having money or other property misused; “ adult ” (“ oedolyn ”) has the meaning given by section 3; “ approved premises ” (“ mangre a gymeradwywyd ”) is defined for the purposes of sections 185 to 187 by section 188(1); “ bail in criminal proceedings ” (“ mechnïaeth mewn achos troseddol ”) is defined for the purposes of sections 185 to 187 by section 188(1); “ care and support ” (“ gofal a chymorth ”) has the meaning given by section 4; “ care home ” (“ cartref gofal ”) has the same meaning as in the Care Standards Act 2000 in respect of a care home in England; and means a place in Wales at which a care home service within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 is provided wholly or mainly to adults; “ carer ” (“ gofalwr ”) has the meaning given by section 3; “ child ” (“ plentyn ”) , except in section 83(2C), has the meaning given by section 3; “children's home” (“cartref plant”) means, except in section 86, a children’s home in England within the meaning of the Care Standards Act 2000 in respect of which a person is registered under Part 2 of that Act; and a place in Wales in respect of which a person is registered under Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 to provide— a care home service (within the meaning of paragraph 1 of Schedule 1 to that Act) wholly or mainly to children, or a secure accommodation service (within the meaning of paragraph 2 of Schedule 1 to that Act); ... “ community home ” (“ cartref cymunedol ”) and “ controlled community home ” (“ cartref cymunedol a reolir ”) have the meanings given by section 53 of the Children Act 1989; “ disabled ” (“ anabl ”) has the meaning given by section 3; “ education functions ” (“ swyddogaethau addysg ”) has the meaning given by section 579(1) of the Education Act 1996; “ eligibility criteria ” (“ meini prawf cymhwystra ”) means criteria set under section 32; “ enactment ” (“ deddfiad ”) means— except in sections 140(2)(b), 172(7) and 198(2)(b), a provision contained in any of the following (whenever enacted or made)— an Act of Parliament; an Act or Measure of the National Assembly for Wales; an Act of the Scottish Parliament; Northern Ireland legislation (within the meaning of the Interpretation Act 1978); subordinate legislation made under an enactment falling within sub-paragraphs (i) to (iv); in sections 140(2)(b), 172(7) and 198(2)(b), a provision contained in any of the following (whenever enacted or made)— an Act of Parliament; an Act or Measure of the National Assembly for Wales; subordinate legislation made under an enactment falling within sub-paragraph (i) or (ii); “ family ” (“ teulu ”), in relation to a child, includes (but is not limited to) any person who has parental responsibility for the child and any other person with whom the child has been living; “ financial assessment ” (“ asesiad ariannol ”) has the meaning given by section 63; “ financial limit ” (“ terfyn ariannol ”) has the meaning given by section 66(5); “ function ” (“ swyddogaeth ”) means power or duty; “ harm ” (“ niwed ”), in relation to a child, means abuse or the impairment of— physical or mental health, or physical, intellectual, emotional, social or behavioural development, and where the question of whether harm is significant turns on the child's health or development, the child's health or development is to be compared with that which could reasonably be expected of a similar child; “ Health and Social Care trust ” (“ ymddiriedolaeth Iechyd a Gofal Cymdeithasol ”) means a Health and Social Care trust established under the Health and Personal Social Services (Northern Ireland) Order 1991 (S.I. 1991/194 (N.I. 1)); “ hospital ” (“ ysbyty ”) has the meaning given by section 206 of the National Health Service (Wales) Act 2006; “ independent hospital ” (“ ysbyty annibynnol ”)— in relation to Wales, has the meaning given by section 2 of the Care Standards Act 2000, and in relation to England, means a hospital as defined by section 275 of the National Health Service Act 2006 that is not a health service hospital as defined by that section; “ integrated care board ” (“ bwrdd gofal integredig ”) means a body established under section 14Z25 of the National Health Service Act 2006; “ local authority ” (“ awdurdod lleol ”) means the council of a county or county borough in Wales; “local authority foster parent” (“ rhiant maeth awdurdod lleol ”) means a person authorised as such in accordance with regulations made by virtue of— sections 87 and 93; paragraph 12F of Schedule 2 to the Children Act 1989 (regulations providing for approval of local authority foster parents); “ local authority in England ” (“ awdurdod lleol yn Lloegr ”) means— a county council in England, a district council for an area in England for which there is no county council, a London borough council, or the Common Council of the City of London; “ local authority in Scotland ” (“ awdurdod lleol yn yr Alban ”) means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994; “ Local Health Board ” (“ Bwrdd Iechyd Lleol ”) means a Local Health Board established under section 11 of the National Health Service (Wales) Act 2006; “ National Board ” (“ Bwrdd Cenedlaethol ”) is defined for the purposes of Part 7 by section 142; “ NHS England ” (“ GIG Lloegr ”) means the body established under section 1H of the National Health Service Act 2006; “ needs assessment ” (“ asesiad o anghenion ”) means an assessment under Part 3; “ neglect ” (“ esgeulustod ”) means a failure to meet a person's basic physical, emotional, social or psychological needs, which is likely to result in an impairment of the person's well-being (for example, an impairment of the person's health or, in the case of a child, an impairment of the child's development); “ NHS Foundation Trust ” (“ Ymddiriedolaeth Sefydledig GIG ”) has the meaning given by section 30 of the National Health Service Act 2006; “ NHS Trust ” (“ Ymddiriedolaeth GIG ”) means a National Health Service trust established under section 18 of the National Health Service (Wales) Act 2006; “ parental responsibility ” (“ cyfrifoldeb rhiant ”) has meaning given by section 3 of the Children Act 1989; “ prison ” (“ carchar ”) is defined— for the purposes of sections 185 to 187 by section 188(1), for the purposes of section 134, by section 134(11), and for the purposes of section 162, by section 162(11); “ private children's home ” (“ cartref plant preifat ”) means a children's home which is not— a community home, or a voluntary home (within the meaning given by section 60 of the Children Act 1989); “ regulations ” (“ rheoliadau ”), other than in relation to section 101, means regulations made by the Welsh Ministers; “ relative ” (“ perthynas ”), in relation to a child, means a step-parent, grandparent, brother, sister, uncle or aunt (including any person who is in that relationship by virtue of a marriage or civil partnership or an enduring family relationship); “ Safeguarding Board ” (“ Bwrdd Diogelu ”) is defined for the purposes of Part 7 by section 142; “ Safeguarding Board area ” (“ ardal Bwrdd Diogelu ”) is defined for the purposes of Part 7 by section 142; “ Safeguarding Board partner ” (“ partner Bwrdd Diogelu ”) is defined for the purposes of Part 7 by section 142; “ services ” (“ gwasanaethau ”) includes facilities; “ special guardian ” (“ gwarcheidwad arbennig ”) and “ special guardianship order ” (“ gorchymyn gwarcheidiaeth arbennig ”) have the meaning given by section 14A of the Children Act 1989; “ Special Health Authority ” (“ Awdurdod Iechyd Arbennig ”) means a Special Health Authority established under section 22 of the National Health Service (Wales) Act 2006 or section 28 of the National Health Service Act 2006; “ specified ” (“ penodedig”, “a bennir”, “a bennwyd ”) and related expressions, unless the context otherwise requires, means specified in regulations; “ standard charge ” (“ ffi safonol ”) is defined for the purposes of Part 5 by section 63(3); “ upbringing ” (“ magwraeth ”), in relation to a child, includes the care of the child but not the child's maintenance; “ voluntary organisation ” (“ sefydliad gwirfoddol ”) means a body (other than a public or local authority ) whose activities are not carried on for profit; “ well-being ” (“ llesiant ”) has the meaning given by section 2; “ Welsh family proceedings officer ” (“ swyddog achosion teuluol Cymru ”) has the meaning given by section 35 of the Children Act 2004; “ youth detention accommodation ” (“ llety cadw ieuenctid ”) is defined for the purposes of sections 185 to 187 by section 188(1); “ youth offending team ” (“ tîm troseddwyr ifanc ”) means a team established under section 39 of the Crime and Disorder Act 1998. 2 In this Act— a a reference to a child looked after by a local authority has the meaning given by section 74; b a reference to a child looked after by a local authority in England has the same meaning as a reference in section 22 of the Children Act 1989 to a child who is looked after by a local authority in England; c a reference to a child looked after by a local authority in Scotland has the same meaning as a reference in Chapter 1 of Part 2 of the Children (Scotland) Act 1995 to a child who is “looked after” by a local authority (see section 17(6) of that Act); d a reference to a child looked after by a Health and Social Care trust has the same meaning as a reference in the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2)) to a child who is looked after by an authority (see article 25 of that Order). 3 A reference in this Act to a child who is in the care of a local authority is a reference to a child who is in its care by virtue of a care order (within the meaning given by the Children Act 1989). 4 A reference in this Act to accommodation provided by or on behalf of a local authority is a reference to accommodation so provided in the exercise of functions of that authority or any other local authority which are social services functions. 5 A reference in this Act to a person having, or lacking, capacity in relation to a matter is to be interpreted as a reference to a person having, or lacking, capacity within the meaning of the Mental Capacity Act 2005 in relation to that matter. 6 A reference in this Act to being authorised under the Mental Capacity Act 2005 is a reference to being authorised as— a a donee of a lasting power of attorney created under that Act, or b a deputy appointed by the Court of Protection under section 16(2)(b) of that Act. 7 The Welsh Ministers may by regulations provide that the Council of the Isles of Scilly is to be treated as a local authority in England for the purposes of this Act, or for the purposes of specified provisions of this Act, with such modifications as may be specified. Power to make consequential and transitional provision etc 198 1 If the Welsh Ministers consider it necessary or expedient for the purposes of giving full effect to any provision of this Act, or in consequence of any such provision, they may by regulations make— a any supplementary, incidental or consequential provision, and b any transitional or saving provision. 2 Regulations under this section may (among other things)— a provide for any provision of this Act which comes into force before another provision has come into force to have effect, until that other provision has come into force, with specified modifications; b amend, repeal or revoke any enactment (including a provision of this Act) passed or made on or before the day on which this Act is passed. 3 Nothing in this section limits the power by virtue of section 196(2) to include transitional or saving provision in an order under section 199(2). Commencement 199 1 The following provisions come into force on the day after the day on which this Act receives Royal Assent— Part 1; section 196; section 197; section 198; this section; section 200. 2 The remaining provisions of this Act come into force on a day appointed by the Welsh Ministers by order. 3 An order made under subsection (2) may appoint different days for different purposes. 4 An order made under subsection (2) may not commence the provision in subsections (1) and (2) of section 32 before regulations made under subsections (3) and (4) of that section have come into force. Short title 200 The short title of this Act is the Social Services and Well-being (Wales) Act 2014. SCHEDULE A1 Direct payments: after-care under the Mental Health Act 1983 General 1 Sections 50 (direct payments to meet an adult's needs), 51 (direct payments to meet a child's needs) and 53 (direct payments: further provision) apply in relation to section 117 of the Mental Health Act 1983 but as if the following modifications were made to those sections. Modifications to section 50 2 For subsection (1) of section 50 substitute— 1 Regulations may require or allow a local authority to make payments to an adult to whom section 117 of the Mental Health Act 1983 (after-care) applies that are equivalent to the cost of providing or arranging for the provision of after-care services for the adult under that section. 3 In subsection (3) of that section— a in paragraph (a), for “who has needs for care and support (“A”)” substitute “ in respect of the provision to the adult (“A”) of after-care services under section 117 of the Mental Health Act 1983 ” , and b in paragraph (c)(i), for “of meeting A's needs” substitute “ of discharging its duty towards A under section 117 of the Mental Health Act 1983 ” . 4 In subsection (4) of that section— a in paragraph (a), for “who has needs for care and support (“A”)” substitute “ to whom section 117 of the Mental Health Act 1983 applies (“A”) ” , and b in paragraph (d)(i), for “meeting A's needs” substitute “ discharging its duty towards A under section 117 of the Mental Health Act 1983 ” . 5 In subsection (5) of that section— a in paragraph (a), for “A's needs for care and support” substitute “ the provision to A of after-care services under section 117 of the Mental Health Act 1983 ” , and b in paragraph (b), for “towards the cost of meeting A's needs for care and support” substitute “ equivalent to the cost of providing or arranging the provision to A of after-care services under section 117 of the Mental Health Act 1983 ” . 6 In subsection (6)(b) of that section, for “A's needs for care and support” substitute “ the provision to A of after-care services under section 117 of the Mental Health Act 1983 ” . Modifications to section 51 7 For subsection (1) of section 51 substitute— 1 Regulations may require or allow a local authority to make payments to a person in respect of a child to whom section 117 of the Mental Health Act 1983 (after-care) applies that are equivalent to the cost of providing or arranging the provision of after-care services for the child under that section. 8 In subsection (3)(a) and (b) of that section, for “who has needs for care and support” (in each place it occurs) substitute “ to whom section 117 of the Mental Health Act 1983 applies ” . 9 In subsection (5)(a) of that section, for “meeting the child's needs” substitute “ discharging its duty towards the child under section 117 of the Mental Health Act 1983 ” . Modifications to section 53 10 In subsection (1) of section 53— a in the opening words, for “50, 51 or 52” substitute “ 50 or 51 ” , b omit paragraphs (a), (b) and (c), c in paragraph (i), for “a local authority's duty or power to meet a person's needs for care and support or a carer's needs for support is displaced” substitute “ a local authority's duty under section 117 of the Mental Health Act 1983 (after-care) is discharged ” , and d in paragraph (k), for “50 to 52” substitute “ 50 and 51 ” . 11 Omit subsections (2) to (8) of that section. 12 After subsection (8) of that section insert— 8A Regulations under sections 50 and 51 must specify that direct payments to meet the cost of providing or arranging for the provision of after-care services under section 117 of the Mental Health Act 1983 (after-care) must be made at a rate that the local authority estimates to be equivalent to the reasonable cost of securing the provision of those services to meet those needs. 13 In subsection (9) of that section— a for “, 51 or 52” substitute “ or 51 ” , and b for “care and support (or, in the case of a carer, support)” substitute “ after-care services ” . 14 In subsection (10) of that section, for “care and support (or, in the case of a carer, support) to meet needs” substitute “ after-care services ” . SCHEDULE 1 CONTRIBUTIONS TOWARDS MAINTENANCE OF LOOKED AFTER CHILDREN (introduced by section 85) Liability to contribute 1 1 Where a local authority is looking after a child (other than in the cases mentioned in sub-paragraph (8) , and in cases where charging is prohibited by or under an enactment ) it must consider whether it should recover contributions towards the child's maintenance from any person liable to contribute (“a contributor”). 2 An authority may only recover contributions from a contributor if it considers it reasonable to do so. 3 A person is liable to contribute if he or she is an adult with parental responsibility for the child. 4 A person is not liable to contribute during any period when the person is in receipt of a benefit which falls within a category specified in regulations. 5 In sub-paragraph (4) “ benefit ” includes any allowance, payment, credit or loan. 6 A person is not liable to contribute towards the maintenance of a child in the care of a local authority in respect of any period during which the child is living with a parent of the child under arrangements made by the authority in accordance with section 81. 7 A contributor is not obliged to make any contribution towards a child's maintenance except as agreed or determined in accordance with this Schedule. 8 The cases are those in which the child is looked after by a local authority under— a section 76; b an interim care order under the Children Act 1989; c section 260 of the Sentencing Code. Agreed contributions 2 1 Contributions towards a child's maintenance may only be recovered if the local authority has served a notice (“a contribution notice”) on the contributor specifying— a the weekly amount which it considers should be contributed, and b arrangements for payment. 2 The contribution notice must be in writing and dated. 3 Arrangements for payment must, in particular, include— a the date on which liability to contribute begins (which must not be earlier than the date of the notice), b the date on which liability under the notice will end (if the child has not, before that date, ceased to be looked after by the authority), and c the date on which the first payment is to be made. 4 The authority may specify in a contribution notice a weekly amount which is a standard contribution determined by the authority for all children looked after by it. 5 The authority may not specify in a contribution notice a weekly amount greater than that which it considers— a it would normally be prepared to pay if it had placed a similar child with local authority foster parents, and b it is reasonably practicable for the contributor to pay (having regard to his or her means). 6 An authority may at any time withdraw a contribution notice (without affecting its power to serve another). 7 Where the authority and the contributor agree— a the amount which the contributor is to contribute, and b arrangements for payment, (whether as specified in the contribution notice or otherwise) and the contributor notifies the authority in writing that he or she so agrees, the authority may recover summarily, as a civil debt, any contribution which is overdue and unpaid. 8 Sub-paragraph (7) is without prejudice to any other method of recovery. 9 A contributor may, by serving a notice in writing on the authority, withdraw his or her agreement in relation to any period of liability falling after the date of service of the notice. Contribution orders 3 1 Where a contributor has been served with a contribution notice and has— a failed to reach any agreement with the local authority as mentioned in paragraph 2(7) within the period of one month beginning with the day on which the contribution notice was served, or b served a notice under paragraph 2(9) withdrawing his or her agreement, the authority may apply to the court for an order under this paragraph. 2 On such an application the court may make an order (“a contribution order”) requiring the contributor to contribute a weekly amount towards the child's maintenance in accordance with arrangements for payment specified by the court. 3 A contribution order— a may not specify a weekly amount greater than that specified in the contribution notice, and b must be made with regard to the contributor's means. 4 A contribution order may not— a take effect before the date specified in the contribution notice, b have effect while the contributor is not liable to contribute (by virtue of paragraph 1), or c remain in force after the child has ceased to be looked after by the authority which obtained the order. 5 An authority may not apply to the court under sub-paragraph (1) in relation to a contribution notice which it has withdrawn. 6 Where— a a contribution order is in force, b the authority serves another contribution notice, and c the contributor and the authority reach an agreement under paragraph 2(7) in respect of that other contribution notice, the effect of the agreement is to discharge the order from the date on which it is agreed that the agreement is to take effect. 7 Where an agreement is reached in the circumstances described in sub-paragraph (6) the authority must notify the court— a of the agreement, and b of the date on which it took effect. 8 A contribution order may be varied or revoked on the application of the contributor or the authority. 9 In proceedings for the variation of a contribution order, the authority must specify— a the weekly amount which, having regard to paragraph 2, it proposes that the contributor should contribute under the order as varied, and b the proposed arrangements for payment. 10 Where a contribution order is varied, the order— a may not specify a weekly amount greater than that specified by the authority in the proceedings for variation, and b must be made with regard to the contributor's means. 11 An appeal lies in accordance with rules of court from any order made under this paragraph. 12 A contribution order in relation to a child, if it would otherwise still be in force, ceases to have effect when the child reaches the age of 18. Enforcement of contribution orders etc 4 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Where a contributor has agreed, or has been ordered, to make contributions to a local authority, any other local authority or a local authority in England within whose area the contributor is for the time being living may— a at the request of the local authority which served the contribution notice, and b subject to agreement as to any amount to be deducted in respect of services rendered, collect from the contributor any contributions due on behalf of the authority which served the notice. 4 The power to collect amounts under sub-paragraph (3) includes the power to— a receive and give a discharge for any contributions due, and b (if necessary) enforce payment of any contributions, even though those contributions may have fallen due at a time when the contributor was living elsewhere. 5 Any contribution collected under sub-paragraph (3) is to be paid (subject to any agreed deduction) to the local authority which served the contribution notice. 6 In any proceedings under this paragraph, a document which purports to be— a a copy of an order made by a court under or by virtue of paragraph 3, and b certified as a true copy by the designated officer for the court, is to be accepted as evidence of the order. 7 In any proceedings under this paragraph, a certificate which— a purports to be signed by the clerk or some other duly authorised officer of the local authority which obtained the contribution order, and b states that any amount due to the authority under the order is overdue and unpaid, is to be accepted as evidence that the amount is overdue and unpaid. Regulations 5 Regulations may provide for— a the considerations which a local authority must take into account in deciding— i whether it is reasonable to recover contributions, and ii what the arrangements for payment should be; b the procedures a local authority must follow in reaching agreements with— i contributors (under paragraphs 2 and 3), and ii any other local authority (under paragraph 4). Service of contribution notice 6 1 A contribution notice required under this Schedule to be served on a contributor may be served on the contributor— a by being delivered personally to the contributor, or b by being sent to the contributor— i by a registered post service (as defined by section 125(1) of the Postal Services Act 2000), or ii by a postal service which provides for the delivery of the document to be recorded. 2 For the purposes of section 7 of the Interpretation Act 1978 in its application to this paragraph, a contributor's proper address is the contributor's last known address. SCHEDULE 2 SOCIAL SERVICES FUNCTIONS (introduced by section 143) TABLE 1 Enactment Nature of functions Children and Young Persons Act 1933 Sections 34 and 34A Protection of the young in relation to criminal and summary proceedings. Health Services and Public Health Act 1968 Section 65 Financial and other assistance by local authorities to certain voluntary organisations. Children and Young Persons Act 1969 The whole Act Care and other treatment of children and young persons through court proceedings. Adoption Act 1976 Functions continuing to be exercisable by virtue of any transitional or saving provision made by or under the Adoption and Children Act 2002. Mental Health Act 1983 Parts 2, 3 and 4; Sections 66, 67, 69(1), 114, 115, 116, 117 and 130 Welfare of the mentally disordered; guardianship of persons suffering from mental disorder including such persons removed to England and Wales from Scotland or Northern Ireland; exercise of functions of nearest relative of person so suffering; exercise of functions of nearest relative in relation to applications and references to the First-tier Tribunal or the Mental Health Review Tribunal for Wales; appointment of approved mental health professionals; entry and inspection; welfare of certain hospitals; after-care of detained patients; prosecutions. Public Health (Control of Disease) Act 1984 Section 46(2) and (5) Burial or cremation of person dying in accommodation provided under Part 4 of this Act and recovery of expenses from the person's estate. Mental Health (Scotland) Act 1984 Section 10 Welfare of certain persons while in hospital in Scotland. Disabled Persons (Services, Consultation and Representation) Act 1986 Sections 1 and 2 Representation and assessment of disabled persons. Housing (Scotland) Act 1987 Section 38(b) Co-operation in relation to homeless persons and persons threatened with homelessness. Children Act 1989 The whole Act in so far as it confers functions on a local authority in Wales within the meaning of the Act except— Part 3 and Schedule 2 (local authority support for children and families); section 36 and paragraphs 12 to 19(1) of Schedule 3 (education supervision orders). Welfare reports; consent to application for residence order in respect of child in care; functions relating to special guardianship orders; family assistance orders; care and supervision; protection of children; functions in relation to community homes, voluntary homes and voluntary organisations, private children’s homes, and private arrangements for fostering children; inspection of children’s homes on behalf of the Welsh Ministers; research and returns of information. National Health Service and Community Care Act 1990 Section 47 Assessment of needs for services under section 117 of the Mental Health Act 1983. ... ... Education Act 1996 Section 322 Help for another local authority in exercising functions under Part 4 of the Act. Adoption (Intercountry Aspects) Act 1999 Sections 1 and 2(4) Functions under regulations made under section 1 giving effect to the Convention on Protection of Children and Co-operation in respect of Intercountry Adoption, concluded at the Hague on 29th May 1993, and functions under Article 9(a) to (c) of the Convention. Adoption and Children Act 2002 Maintenance of Adoption Service; functions of local authority as adoption agency. ... ... Mental Capacity Act 2005 Sections 39, 39A, 39C, 39D, 49 and Schedule A1 Instructing independent mental capacity advocate before providing accommodation for person lacking capacity; instructing independent mental capacity advocate when giving an urgent authorisation, or making a request for a standard authorisation, under Schedule A1 to the Act; instructing independent mental capacity advocate when no representative for relevant person under Part 10 of Schedule A1 to the Act; instructing independent mental capacity advocate when representative for relevant person under Part 10 of Schedule A1 to the Act is not being paid; reports in proceedings; functions relating to hospital and care home residents. Children and Families (Wales) Measure 2010 Section 66 Family social work standards officers. Section 67 The provision of relevant care services within the meaning of that section. Mental Health (Wales) Measure 2010 Parts 1 to 3 Local primary mental health support services, coordination of and care planning for secondary mental health service users, assessments of former users of secondary mental health services. Legal Aid, Sentencing and Punishment of Offenders Act 2012 Section 92 Functions in relation to a child remanded to local authority accommodation. Care Act 2014 Sections 50 and 52 Temporary duty to meet needs for care and support (or needs for support) where establishment or agency unable to do so because of business failure. Housing (Wales) Act 2014 Section 95(2), (3) and (4); but only where those functions apply by virtue of subsection (5)(b) of that section. Co-operation and information sharing in relation to homeless persons and persons threatened with homelessness. This Act The whole Act, except the functions under sections 15(4) (in so far as it relates to other functions that are not social services functions), 120(2), 128(1) and (2), 130(1) and (2), 162 and section 164. Preventative services; care and support; support for carers; looked after and accommodated children; safeguarding adults and children. Children and Families Act 2014 The duty to comply with a request under section 31, but only in respect of requests to exercise social services functions. Duty to comply with a request for co-operation by a local authority in England for the purpose of exercise of functions under Part 3 of the Children and Families Act 2014. Additional Learning Needs and Education Tribunal (Wales) Act 2018 The duty to comply with a request under section 65, but only in respect of requests to exercise social services functions. Duty to exercise functions to provide information or other help on request by a local authority for the purpose of exercise of functions by the authority under Part 2 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018 SCHEDULE 3 INVESTIGATION OF COMPLAINTS ABOUT PRIVATELY ARRANGED OR FUNDED SOCIAL CARE AND PALLIATIVE CARE (introduced by section 179) PART 1 NEW PARTS 2A AND 2B FOR THE PUBLIC SERVICES OMBUDSMAN (WALES) ACT 2005 1 The Public Services Ombudsman (Wales) Act 2005 is amended as follows. 2 After Part 2 (investigation of complaints) insert— PART 2A INVESTIGATION OF COMPLAINTS RELATING TO OTHER PERSONS: SOCIAL CARE AND PALLIATIVE CARE Application of this Part Matters to which this Part applies 34A 1 This Part applies to the following matters— a action taken by a care home provider in connection with the provision of accommodation, nursing or personal care in a care home in Wales; b action taken by a domiciliary care provider in connection with the provision of domiciliary care in Wales; c action taken by an independent palliative care provider in connection with the provision of a palliative care service in Wales. 2 But this Part does not apply to— a matters which may be investigated under Part 2, or b matters described in Schedule 3A. 3 The Welsh Ministers may by order amend Schedule 3A by— a adding an entry, b removing an entry, or c changing an entry. 4 Before making an order under subsection (3), the Welsh Ministers must consult the Ombudsman. 5 No order is to be made under subsection (3) unless a draft of the statutory instrument containing it has been laid before, and approved by a resolution of, the Assembly. 6 For the meaning of the following terms see sections 34R to 34T— “care home”; “care home provider”; “domiciliary care”; “domiciliary care provider”; “palliative care service”; “independent palliative care provider”. Investigation of complaints Power to investigate complaints 34B 1 The Ombudsman may investigate a complaint about a matter to which this Part applies if— a the complaint has been duly made or referred to the Ombudsman, and b in the case of a complaint which relates to an independent palliative care provider, the condition in subsection (2) is met. 2 The condition is that the independent palliative care provider has received public funding, within the three years before the date of the action to which the complaint relates, in respect of a palliative care service that it provides in Wales. 3 In subsection (2) “ public funding ” means funding from— a the Welsh Ministers, b a Local Health Board established under section 11 of the National Health Service (Wales) Act 2006, c an NHS Trust, or d a county council or county borough council in Wales. 4 A complaint is “duly made” to the Ombudsman if (but only if)— a it is made by a person who is entitled under section 34D to make a complaint to the Ombudsman, b before the complaint is made— i the matter to which it relates has been brought, by or on behalf of the person affected, to the notice of the provider to whom it relates, and ii the provider has been given a reasonable opportunity to investigate the matter and to respond, and c the requirements of section 34E are met in respect of it. 5 A complaint is “duly referred” to the Ombudsman if (but only if)— a it is made by a person who is entitled under section 34D to make a complaint to the Ombudsman, and b the requirements of section 34F are met in respect of it. 6 It is for the Ombudsman to determine whether the requirements of subsection (1) have been met in respect of a complaint. 7 Where the Ombudsman determines that the requirements of subsection (1) have not been met in respect of a complaint because the requirements of subsection (4)(b), section 34E or section 34F(1)(a)(ii) or (b)(ii) have not been met in respect of that complaint, the Ombudsman may nonetheless investigate the complaint if— a it relates to a matter to which this Part applies, and b the Ombudsman thinks it reasonable to do so. 8 It is for the Ombudsman to decide whether to begin, continue or discontinue an investigation. 9 The Ombudsman may take any action which he or she thinks may assist in making a decision under subsection (8). 10 The Ombudsman may begin or continue an investigation into a complaint even if the complaint has been withdrawn. Alternative resolution of complaints 34C 1 The Ombudsman may take any action he or she considers appropriate with a view to resolving a complaint which he or she has the power to investigate under section 34B. 2 The Ombudsman may take action under this section in addition to or instead of conducting an investigation into the complaint. 3 Any action under this section must be taken in private. Who can complain 34D 1 The persons entitled to make a complaint to the Ombudsman are— a a member of the public (referred to in this Part as “ the person aggrieved ”) who claims or claimed to have sustained injustice or hardship as a result of a matter to which this Part applies, b a person authorised in writing by the person aggrieved to act on that person's behalf, or c if the person aggrieved is not capable of authorising a person to act on his or her behalf (for example because the person has died), a person who appears to the Ombudsman to be appropriate to act on behalf of the person aggrieved. 2 “ Member of the public ” does not include a person acting in his or her capacity as— a a care home provider, b a domiciliary care provider, c an independent palliative care provider, or d a listed authority. 3 It is for the Ombudsman to determine any question of whether a person is entitled under this section to make a complaint. Requirements: complaints made to the Ombudsman 34E 1 The requirements mentioned in section 34B(4)(c) are that the complaint must be made— a in writing, and b before the end of the permitted period. 2 In subsection (1)(b) (and in section 34F(1)(a)(ii)) “ the permitted period ” means— a where the person aggrieved has notice of the matter before the date on which section 34B comes into force, the period of 12 months beginning with the date on which that section comes into force, and b in any other case, the period of 12 months beginning with the day on which the person aggrieved first has notice of the matter. 3 It is for the Ombudsman to determine whether the requirements of subsection (1) are met in respect of a complaint. Requirements: complaints referred to the Ombudsman 34F 1 The requirements mentioned in section 34B(5)(b) are that the complaint— a must have been made to the provider to whom it relates— i by a person who would have been entitled under section 34D to make the complaint to the Ombudsman, and ii before the end of the permitted period (within the meaning given by section 34E(2)), and b must be referred to the Ombudsman— i in writing, and ii before the end of the period of 12 months beginning with the day on which the complaint was made to the provider. Decisions not to investigate etc Decisions not to investigate complaints or to discontinue investigations 34G 1 If the Ombudsman decides under section 34B(8) not to begin an investigation into a complaint or to discontinue an investigation, the Ombudsman must prepare a statement of the reasons for that decision. 2 The Ombudsman must send a copy of the statement to— a the person who made the complaint, and b the provider to whom the complaint relates. 3 The Ombudsman may also send a copy of the statement to any other persons he or she thinks appropriate. 4 The Ombudsman may publish a statement under this section if, after taking account of the interests of the person aggrieved and any other persons the Ombudsman thinks appropriate, he or she considers that it would be in the public interest to do so. 5 The Ombudsman may supply a copy of the published statement, or part of that statement, to any person who requests it. 6 The Ombudsman may charge a reasonable fee for supplying a copy of a statement, or part of a statement, under subsection (5). 7 The following information must not be included in a version of a statement sent to a person under subsection (2)(b) or (3) or published under subsection (4)— a the name of a person other than the provider to whom the complaint relates; b information which, in the opinion of the Ombudsman, is likely to identify such a person and which, in the Ombudsman's opinion, can be omitted without impairing the effectiveness of the statement. 8 Subsection (7) does not apply if, after taking account of the interests of the person aggrieved and any other persons the Ombudsman thinks appropriate, the Ombudsman considers that it would be in the public interest to include that information in that version of the statement. Investigation procedure and evidence Investigation procedure 34H 1 If the Ombudsman decides under section 34B(8) to conduct an investigation into a complaint, he or she must— a give the provider to whom the complaint relates an opportunity to comment on the allegations contained in the complaint, and b give any other person who is alleged in the complaint to have taken or authorised the action complained of an opportunity to comment on the allegations relating to that person. 2 An investigation must be conducted in private. 3 Subject to subsections (1) and (2), the procedure for conducting an investigation is that which the Ombudsman thinks appropriate in the circumstances of the case. 4 The Ombudsman may, among other things— a make any inquiries which he or she thinks appropriate, and b determine whether any person may be represented in the investigation by an authorised person or another person. 5 In subsection (4) “ authorised person ” means a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the exercise of a right of audience or the conduct of litigation (within the meaning of that Act). 6 The Ombudsman may pay to the person who made the complaint and to any other person who attends or supplies information for the purposes of the investigation— a sums in respect of the expenses properly incurred by them, and b allowances to compensate for the loss of their time. 7 The Ombudsman may attach conditions to those payments. Information, documents, evidence and facilities 34I 1 This section applies for the purposes of an investigation under this Part. 2 The Ombudsman may require a person he or she thinks is able to supply information or produce a document relevant to the investigation to do so. 3 The Ombudsman has the same powers as the High Court in relation to— a the attendance and examination of witnesses (including the administration of oaths and affirmations and the examination of witnesses abroad), and b the production of documents. 4 The Ombudsman may require a person he or she thinks is able to supply information or produce a document relevant to the investigation to provide any facility the Ombudsman may reasonably require. 5 Subject to subsection (6), no person may be compelled to give any evidence or produce any document which the person could not be compelled to give or produce in civil proceedings before the High Court. 6 The Crown is not entitled to any privilege in relation to the production of documents or the giving of evidence that would otherwise be allowed by law in legal proceedings. 7 Where an obligation to maintain secrecy or other restriction on the disclosure of information obtained by or supplied to persons in Her Majesty's service has been imposed by an enactment or rule of law, the obligation or restriction does not to apply to the disclosure of information for the purposes of the investigation. Obstruction and contempt 34J 1 If the Ombudsman is satisfied that the condition in subsection (2) is met in relation to a person, he or she may issue a certificate to that effect to the High Court. 2 The condition is that the person— a without lawful excuse, has obstructed the discharge of any of the Ombudsman's functions under this Part, or b has done an act in relation to an investigation which, if the investigation were proceedings in the High Court, would constitute contempt of court. 3 If the Ombudsman issues a certificate, the High Court may inquire into the matter. 4 If the High Court is satisfied that the condition in subsection (2) is met in relation to the person, it may deal with that person in the same manner as it may deal with a person who has committed contempt in relation to the High Court. Reports about investigations Investigation reports 34K 1 This section applies to investigations under this Part unless section 34N applies. 2 The Ombudsman must, after conducting an investigation into a complaint about a matter to which this Part applies— a prepare a report on the findings of the investigation (“an investigation report”), and b send a copy of the report to the appropriate persons. 3 The appropriate persons are— a the person who made the complaint, b the provider to whom it relates, c any other person who is alleged in the complaint to have taken or authorised the action complained of, and d the Welsh Ministers. 4 The Ombudsman may also send a copy of the report to any other persons he or she thinks appropriate. 5 The Ombudsman may publish the report if, after taking account of the interests of the person aggrieved and any other persons the Ombudsman thinks appropriate, he or she considers that it would be in the public interest to do so. 6 The Ombudsman may supply a copy of the published report, or part of that report, to any person who requests it. 7 The Ombudsman may charge a reasonable fee for supplying a copy of a report, or part of a report, under subsection (6). 8 The following information must not be included in a version of a report sent to a person under subsection (3)(b) or (c) or (4) or published under subsection (5)— a the name of a person other than the provider to whom the complaint relates; b information which, in the opinion of the Ombudsman, is likely to identify such a person and which, in the Ombudsman's opinion, can be omitted without impairing the effectiveness of the report. 9 Subsection (8) does not apply if, after taking account of the interests of the person aggrieved and any other persons the Ombudsman thinks appropriate, the Ombudsman considers that it would be in the public interest to include that information in that version of the report. Further publicity for investigation reports 34L 1 The Ombudsman may arrange for a notice about an investigation report to be published— a in one or more newspapers, or b by means of broadcast or other electronic media. 2 The notice may, for example— a provide a summary of the Ombudsman's findings, b specify an address or addresses at which a copy of the published report can be inspected during ordinary office hours and from which a copy of that report (or part of that report) may be obtained, and c specify a website address at which a copy of the published report can be viewed. 3 The provider to whom the report relates must, if required to do so by the Ombudsman, reimburse the Ombudsman for the reasonable costs of arranging the publication of the notice. 4 In deciding whether it is appropriate to make arrangements under subsection (1), the Ombudsman must take into account— a the public interest, b the interests of the person aggrieved, and c the interests of any other persons the Ombudsman thinks appropriate. Action following receipt of investigation reports 34M 1 This section applies where the Ombudsman has concluded in an investigation report that the person aggrieved has sustained injustice or hardship as a result of the matter investigated. 2 The provider to whom the matter relates must consider the report and notify the Ombudsman before the end of the permitted period of— a the action the provider has taken or proposes to take in response to the report, and b the period before the end of which the provider proposes to take that action (if that action has not already been taken). 3 In subsection (2) “the permitted period”means— a the period of one month beginning on the date on which the authority receives the report, or b a longer period specified by the Ombudsman in writing (if any). Reports: alternative procedure 34N 1 This section applies if, after the Ombudsman has conducted an investigation under this Part— a the Ombudsman concludes that the person aggrieved has not sustained injustice or hardship as a result of the matter complained of, and b the Ombudsman is satisfied that the public interest does not require sections 34K to 34M to apply. 2 This section also applies if, after the Ombudsman has conducted an investigation under this Part— a the Ombudsman concludes that the person aggrieved has sustained injustice or hardship as a result of the matter complained of, b the provider to whom the complaint relates agrees to implement, before the end of the permitted period, any recommendations that the Ombudsman makes, and c the Ombudsman is satisfied that the public interest does not require sections 34K to 34M to apply. 3 In subsection (2)(b) “the permitted period”means— a a period agreed between the Ombudsman, the provider and the person who made the complaint, or b if the Ombudsman thinks that no such agreement can be reached, a period specified by him or her in writing. 4 The Ombudsman may decide to prepare a report on his or her findings under this section, rather than under section 34K; and if the Ombudsman decides to do so, sections 34K to 34M do not apply. 5 If a report is prepared under this section, the Ombudsman— a must send a copy of the report to the person who made the complaint and the provider to whom the complaint relates, and b may send a copy of the report to any other persons he or she thinks appropriate. 6 The Ombudsman may publish the report if, after taking account of the interests of the persons aggrieved and any other persons the Ombudsman thinks appropriate, he or she considers it to be in the public interest to do so. 7 The Ombudsman may supply a copy of a report published under subsection (6), or a part of that report, to any person who requests it. 8 The Ombudsman may charge a reasonable fee for supplying a copy of a report, or part of a report, under subsection (7). 9 The following information must not be included in a version of the report sent to a person under subsection (5) or published under subsection (6)— a the name of a person other than the provider to whom the complaint relates; b information which, in the opinion of the Ombudsman, is likely to identify such a person and which, in the Ombudsman's opinion, can be omitted without impairing the effectiveness of the report. 10 Subsection (9) does not apply if, after taking account of the interests of the person aggrieved and any other persons the Ombudsman thinks appropriate, the Ombudsman considers that it would be in the public interest to include that information in that version of the report. Special reports Circumstances in which special reports may be prepared 34O 1 The Ombudsman may prepare a special report under section 34P if case 1, 2 or 3 applies. 2 Case 1 applies if— a the Ombudsman has concluded in an investigation report that the person aggrieved has sustained injustice or hardship as a result of the matter investigated, and b one of the circumstances in subsection (3) applies. 3 The circumstances are that— a the Ombudsman has not received the notification required under section 34M before the end of the period permitted under that section; b the Ombudsman has received that notification but is not satisfied with— i the action which the provider has taken or proposes to take, or ii the period before the end of which the provider proposes to have taken that action; c the Ombudsman has received that notification but is not satisfied that the provider has, before the end of the permitted period, taken the action that the provider proposed to take. 4 In subsection (3)(c) “ the permitted period ” means— a the period referred to in section 34M(2)(b), or b a longer period specified by the Ombudsman in writing (if any). 5 Case 2 applies if— a the Ombudsman has prepared a report under section 34N by virtue of subsection (2) of that section, and b he or she is not satisfied that the provider has implemented the Ombudsman's recommendations before the end of the permitted period. 6 In subsection (5)(b) “ the permitted period ” means— a the period referred to in section 34N(2)(b), or b a longer period specified by the Ombudsman in writing (if any). 7 Case 3 applies if— a a complaint in respect of a provider has been resolved under section 34C, b in resolving the complaint, the Ombudsman has concluded that the person aggrieved has sustained injustice or hardship as a result of the matter complained of, c the provider has agreed to take particular action before the end of a particular period, and d the Ombudsman is not satisfied that the provider has taken that action before the end of the permitted period. 8 In subsection (7)(d) “ the permitted period ” means— a the period referred to in subsection (7)(c), or b a longer period specified by the Ombudsman in writing (if any). Special reports 34P 1 A special report must— a set out the facts which entitle the Ombudsman to prepare the special report (that is, the facts on the basis of which case 1, 2 or 3 of section 34O applies), and b make such recommendations as the Ombudsman thinks fit as to the action which, in his or her opinion, should be taken— i to remedy the injustice or hardship to the person aggrieved, and ii to prevent similar injustice or hardship being caused in the future. 2 If the special report is prepared because case 1 of section 34O applies, the Ombudsman must send a copy of the report to each person to whom a copy of the section 34K report was sent under section 34K(2)(b). 3 If the special report is prepared because case 2 or 3 of section 34O applies, the Ombudsman must send a copy of the report to the person who made the complaint and the provider to whom the complaint relates. 4 The Ombudsman may send a copy of a special report to any other persons he or she thinks appropriate. 5 The Ombudsman may publish a special report. 6 The Ombudsman may supply a copy of a published special report, or a part of such a report, to any person who requests it. 7 The Ombudsman may charge a reasonable fee for supplying a copy of a special report, or part of such a report, under subsection (6). 8 The following information must not be included in a version of a special report sent to a person under subsection (2), (3) or (4) or published under subsection (5)— a the name of any person other than the provider in respect of whom the complaint was made; b information which, in the opinion of the Ombudsman, is likely to identify any such person and which, in the Ombudsman's opinion, can be omitted without impairing the effectiveness of the special report. 9 Subsection (8) does not apply if, after taking account of the interests of the person aggrieved and any other persons the Ombudsman thinks appropriate, the Ombudsman considers that it would be in the public interest to include that information in that version of the special report. Further publicity for special reports 34Q 1 The Ombudsman may arrange for a notice about a special report to be published— a in one or more newspapers, or b by means of broadcast or other electronic media. 2 The notice may, for example— a provide a summary of the Ombudsman's findings, b specify an address or addresses at which a copy of the published report can be inspected during ordinary office hours and from which a copy of that report (or part of that report) may be obtained, and c specify a website address at which a copy of the published report can be viewed. 3 The provider to whom the report relates must, if required to do so by the Ombudsman, reimburse the Ombudsman for the reasonable costs of arranging the publication of the notice. 4 In deciding whether to make arrangements under subsection (1), the Ombudsman must take into account— a the public interest, b the interests of the person aggrieved, and c the interests of any other person the Ombudsman thinks appropriate. Interpretation Meaning of “care home” and “care home provider” 34R 1 This section applies for the purposes of this Act. 2 “ Care home ” has the same meaning as in the Care Standards Act 2000. 3 “ Care home provider ” means a person who carries on a care home. 4 Action is to be treated as action taken by a care home provider if it is taken by— a a person employed by that provider, b a person acting on behalf of that provider, or c a person to whom that provider has delegated any functions. 5 Action is also to be treated as action taken by a care home provider if— a that provider provides, by means of an arrangement with another person, accommodation, nursing or personal care in a care home in Wales for a person falling within section 3(2) of the Care Standards Act 2000, and b the action is taken by or on behalf of the other person in carrying out the arrangement. Meaning of “domiciliary care” and “domiciliary care provider” 34S 1 This section applies for the purposes of this Act. 2 “ Domiciliary care ” means personal care provided in their own homes for persons who by reason of illness, infirmity or disability are unable to provide it for themselves without assistance. 3 “ Domiciliary care provider ” means a person who carries on an activity which involves the provision of domiciliary care, but it does not include an individual who— a carries on the activity otherwise than in partnership with others, b is not employed by a body corporate or unincorporated association to carry it on, c does not employ any other person to carry out the activity, and d provides or arranges the provision of domiciliary care to fewer than four persons. 4 Action is to be treated as action taken by a domiciliary care provider if it is taken by— a a person employed by that provider, b a person acting on behalf of that provider, or c a person to whom that provider has delegated any functions. 5 Action is also to be treated as action taken by a domiciliary care provider if— a that provider provides domiciliary care by means of an arrangement with another person, and b the action is taken by or on behalf of the other person in carrying out the arrangement. Meaning of “palliative care service” and “independent palliative care provider” 34T 1 This section applies for the purposes of this Act. 2 “ Palliative care service ” means a service the main purpose of which is to provide palliative care. 3 “ Independent palliative care provider ” means a person who— a provides a palliative care service, and b is not a Welsh health service body. 4 Action is to be treated as action taken by an independent palliative care provider if it is taken by— a a person employed by that provider, b a person acting on behalf of that provider, or c a person to whom that provider has delegated any functions. 5 Action is also to be treated as action taken by an independent palliative care provider if— a that provider provides palliative care by means of an arrangement with another person, and b the action is taken by or on behalf of the other person in carrying out the arrangement. PART 2B INVESTIGATION OF COMPLAINTS: SUPPLEMENTARY Consultation and co-operation Consultation and co-operation with other ombudsmen 34U 1 This section applies if, in making a decision under section 2(5) or 34B(8) or conducting an investigation under Part 2 or 2A, the Ombudsman forms the opinion that a matter which is the subject of the complaint or investigation could be the subject of an investigation by an ombudsman mentioned in subsection (7). 2 The Ombudsman must consult that ombudsman about the matter. 3 The Ombudsman may co-operate with that ombudsman in relation to the matter. 4 Consultation under subsection (2), and co-operation under subsection (3), may extend to anything relating to a matter which is the subject of the complaint or investigation, including (among other things)— a the conduct of an investigation into the complaint, and b the form, content and publication of a report of the investigation. 5 If the Ombudsman consults an ombudsman about a matter under subsection (2), the Ombudsman and that ombudsman may— a conduct a joint investigation into the matter, b prepare a joint report in relation to the investigation, and c publish the joint report. 6 Subsection (5) does not apply if the ombudsman consulted under subsection (2) is the Scottish Public Services Ombudsman. 7 The ombudsmen referred to in subsection (1) are— a the Parliamentary Commissioner for Administration; b the Health Service Commissioner for England; c a Local Commissioner; d the Scottish Public Services Ombudsman; e a housing ombudsman appointed in accordance with a scheme approved under section 51 of the Housing Act 1996; f the Children's Commissioner for Wales. 8 The Welsh Ministers may by order amend subsection (7) by— a adding a person, b omitting a person, or c changing the description of a person. 9 An order under subsection (8) may add a person to subsection (7) only if the person appears to the Welsh Ministers to have functions relating to the investigation of complaints. 10 No order is to be made under subsection (8) unless a draft of the statutory instrument containing it has been laid before and approved by a resolution of the Assembly. Working jointly with other Commissioners 34V 1 This section applies where it appears to the Ombudsman that— a there is a complaint in respect of a matter which he or she is entitled to investigate, and b the matter is one which could also be the subject of an examination by the Commissioner for Older People in Wales or the Welsh Language Commissioner. 2 Where the Ombudsman considers it appropriate, he or she must (as respects the Commissioner for Older People in Wales) or may (as respects the Welsh Language Commissioner)— a inform the Commissioner about the matter, and b consult him or her in relation to it. 3 Where the Ombudsman consults a Commissioner under this section, the Ombudsman and the Commissioner may— a co-operate with each other in relation to the matter, b conduct a joint investigation into the matter, and c prepare and publish a joint report in relation to the investigation. Working collaboratively with other Commissioners 34W 1 This section applies where it appears to the Ombudsman that a complaint relates to or raises a matter which could be the subject of an examination by the Commissioner for Older People in Wales or the Welsh Language Commissioner (“the connected matter”). 2 Where the Ombudsman considers it appropriate, he or she must (as respects the Commissioner for Older People in Wales) or may (as respects the Welsh Language Commissioner) inform the Commissioner about the connected matter. 3 Where the Ombudsman considers that the complaint also relates to or raises a matter into which he or she is entitled to conduct an investigation (“the Ombudsman matter”), the Ombudsman must (as respects the Commissioner for Older People in Wales) or may (as respects the Welsh Language Commissioner) also if he or she considers it appropriate— a inform the Commissioner about the Ombudsman's proposals for conducting an investigation into the complaint, and b consult the Commissioner about those proposals. 4 Where the Ombudsman and the Commissioner consider that they are entitled to investigate, respectively, the Ombudsman matter and the connected matter, they may— a co-operate with each other in the separate investigation of each of those matters, b act together in the investigation of those matters, and c prepare and publish a joint report containing their respective conclusions in relation to the matters they have each investigated. 5 Where the Ombudsman considers— a that the complaint does not relate to or raise a matter into which he or she is entitled to conduct an investigation, and b that it is appropriate to do so, the Ombudsman must (as respects the Commissioner for Older People in Wales) or may (as respects the Welsh Language Commissioner) inform the person who initiated the complaint about how to secure the referral of the connected matter to the Commissioner. Disclosure Disclosure of information 34X 1 The information to which this section applies is— a information obtained by the Ombudsman, a member of the Ombudsman's staff or another person acting on the Ombudsman's behalf or assisting the Ombudsman in the discharge of his or her functions— i in deciding whether to begin an investigation, ii in the course of an investigation, or iii in resolving a complaint under section 3 or 34C; b information obtained from an ombudsman mentioned in section 34U(7) by virtue of any provision of section 34U or a corresponding provision in an enactment relating to any of those ombudsmen; c information obtained from the Commissioner for Older People in Wales by virtue of section 34V or 34W of this Act or section 16 or 17 of the Commissioner for Older People (Wales) Act 2006 (working with other ombudsmen); d information obtained from the Welsh Language Commissioner by virtue of section 34V or 34W of this Act or section 22 of the Welsh Language (Wales) Measure 2011 (power to disclose information); e information obtained from the Information Commissioner by virtue of section 76 of the Freedom of Information Act 2000 (disclosure between Information Commissioner and ombudsmen). 2 The information must not be disclosed except— a for the purposes of deciding whether to begin an investigation; b for the purposes of an investigation; c for the purposes of resolving a complaint under section 3 or 34C; d for the purposes of a statement or report made in relation to a complaint or investigation; e for the purposes of any provision of section 34U, 34V or 34W; f for the purposes of proceedings for— i an offence under the Official Secrets Act 1911 to 1989 alleged to have been committed by the Ombudsman, a member of the Ombudsman's staff or other person acting on the Ombudsman's behalf or assisting the Ombudsman in the discharge of any of his of her functions; ii an offence of perjury alleged to have been committed in the course of an investigation; g for the purposes of an inquiry with a view to the taking of proceedings mentioned in paragraph (f); h for the purpose of proceedings under section 15 or 34J; i in the case of information to the effect that a person is likely to constitute a threat to the health or safety of one or more persons, to any person to whom the Ombudsman thinks it should be disclosed in the public interest; j in the case of information to which subsection (3) applies, to the Information Commissioner. 3 This subsection applies to information if it appears to the Ombudsman to relate to— a a matter in respect of which the Information Commissioner could exercise a power conferred by an enactment mentioned in subsection (4), or b the commission of an offence mentioned in subsection (5). 4 The enactments are— a Part 5 of the Data Protection Act 1998 (enforcement); b section 48 of the Freedom of Information Act 2000 (practice recommendations); c Part 4 of that Act. 5 The offences are those under— a any provision of the Data Protection Act 1998 other than paragraph 12 of Schedule 9 to that Act (obstruction of execution of warrant); b section 77 of the Freedom of Information Act 2000 (offence of altering etc records with intent to prevent disclosure). 6 No person may be called upon to give evidence in any proceedings (other than proceedings mentioned in subsection (2)) of information obtained by that person as mentioned in subsection (1)(a) or (b). Disclosure prejudicial to safety of State or contrary to public interest 34Y 1 A Minister of the Crown may give notice to the Ombudsman with respect to— a any document or information specified in the notice, or b any class of document or information so specified, that, in the opinion of the Minister, the disclosure of that document or information, or of documents or information of that class, would be prejudicial to the safety of the State or otherwise contrary to the public interest. 2 If a notice is given under subsection (1), nothing in this Act is to be construed as authorising or requiring the Ombudsman, a member of the Ombudsman's staff or another person acting on the Ombudsman's behalf or assisting the Ombudsman in the discharge of his or her functions to disclose to any person or for any purpose any document or information, or class of document or information, specified in the notice. Protection from defamation claims 34Z 1 For the purposes of the law of defamation, the following are absolutely privileged— a the publication of a matter, in the discharge of any of the Ombudsman's functions under this Act, by the Ombudsman, a member of the Ombudsman's staff or another person acting on the Ombudsman's behalf or assisting the Ombudsman in the discharge of any of his or her functions; b the publication of a matter by a person in the discharge of functions under section 17; c the publication of a matter in connection with a complaint made or referred to the Ombudsman under this Act, in communications between— i a listed authority, a member or co-opted member of a listed authority, an officer or member of the staff of a listed authority or another person acting on behalf of a listed authority or assisting it in the discharge of any of its functions, and ii the Ombudsman, a member of the Ombudsman's staff or another person acting on the Ombudsman's behalf or assisting the Ombudsman in the discharge of any of his or her functions; d the publication of a matter in connection with a complaint made or referred to the Ombudsman under this Act, in communications between— i a care home provider, domiciliary care provider or independent palliative care provider, an officer or member of staff of such a provider or another person acting on behalf of such a provider or assisting it in the discharge of any of its functions, and ii the Ombudsman, a member of the Ombudsman's staff or another person acting on the Ombudsman's behalf or assisting the Ombudsman in the discharge of any of his or her functions; e the publication of a matter in connection with a complaint made or referred (or to be made or referred) by or on behalf of a person to the Ombudsman under this Act, in communications between a person and an Assembly member; f the publication of a matter in connection with a complaint made or referred (or to be made or referred) by or on behalf of a person to the Ombudsman under this Act, in communications between— i the person, and ii the Ombudsman, a member of the Ombudsman's staff or another person acting on the Ombudsman's behalf or assisting the Ombudsman in the discharge of any of his or her functions. 2 For the purposes of subsection (1)(d)(i) a person is an officer of a provider if he or she has control or management of a provider which is not an individual or the affairs of such a provider. 3 Until the coming into force of Part 5 of the Welsh Language (Wales) Measure 2011, sections 34V and 34W of the Public Services Ombudsman (Wales) Act 2005 have effect with the omission of the following words (wherever occurring)— “ or the Welsh Language Commissioner ” ; “ or may (as respects the Welsh Language Commissioner) ” . 4 After Schedule 3 (listed authorities) insert— SCHEDULE 3A EXCLUDED MATTERS: PART 2A 1 The commencement or conduct of proceedings before a court of competent jurisdiction. 2 Action taken in respect of appointments or removals, pay, discipline, superannuation or other personnel matters. PART 2 MINOR AND CONSEQUENTIAL AMENDMENTS RELATING TO THE OMBUDSMAN Local Government Act 1974 5 The Local Government Act 1974 is amended as follows. 6 In section 29 (investigations: further provisions), in subsection (5), for “26” substitute “ 34X ” . 7 In section 33 (consultation between Local Commissioner, the Parliamentary Commissioner and the Health Service Commissioners and other Commissioners and Ombudsmen), in subsection (5), for “26” substitute “ 34X ” . 8 In section 34G (investigations: further provisions), in subsection (2), for “26” substitute “ 34X ” . 9 In section 34M (consultation with other Commissioners), in subsection (7), in paragraph (d), for “26” substitute “ 34X ” . Local Government Act 2000 10 The Local Government Act 2000 is amended as follows. 11 Section 67 (consultation with ombudsmen) has effect, until the repeal of that section by Part 5 of Schedule 25 to the Localism Act 2011 is brought fully into force, with the following amendments— a in subsection (2A), after “Part 2” insert “ or 2A ” , and b in subsection (4), for “26” substitute “ 34X ” . 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Public Services Ombudsman (Wales) Act 2005 13 The Public Services Ombudsman (Wales) Act 2005 is amended as follows. 14 In the heading to Part 2 (investigation of complaints), after “COMPLAINTS” insert “ RELATING TO LISTED AUTHORITIES ” . 15 In section 2 (power of investigation)— a in subsection (1), after “complaint” (in the first place it occurs) insert “ under this Part ” , and b in subsection (4), after “complaint” (in the first place it occurs) insert “ under this Part ” . 16 In section 4 (who can complain), in subsection (1)— a in the words before paragraph (a), after “Ombudsman” insert “ under this Part ” , and b in paragraph (a), for “Act” substitute “ Part ” . 17 In section 7 (matters which may be investigated), in subsection (1), after “investigate” insert “ under this Part ” . 18 In section 9 (exclusion: other remedies)— a in subsection (1), after “matter” (in the first place it occurs) insert “ under this Part ” , and b in subsection (3), after “matter” (in the first place it occurs) insert “ under this Part ” . 19 In section 10 (other excluded matters), in subsection (1), after “investigate” insert “ under this Part ” . 20 In section 14 (information, documents, evidence and facilities), before subsection (1) insert— A1 This section applies in relation to investigations conducted under this Part. 21 In section 23 (special reports: supplementary)— a in subsection (1), in paragraph (a), after “report” insert “ made under section 22 ” , and b in subsection (7), after “report” (in the first place it occurs) insert “ under section 22 ” . 22 Omit the italic cross-heading before section 25 (consultation and co-operation). 23 Omit sections 25 to 25B (consultation and co-operation). 24 Omit the italic cross-heading before section 26 (disclosure). 25 Omit sections 26 and 27 (disclosure of information). 26 Omit section 32 (protection from defamation claims). 27 In section 41 (interpretation), in subsection (1)— a in the definition of “investigation”, after “section 2” insert “ or 34B ” , b in the definition of “the person aggrieved”— i after “aggrieved”” insert “ in Part 2 ” , and ii after “section 4(1)(a)” insert “ and in Part 2A has the meaning given in section 34D(1)(a) ” , c in the definition of “special report”— i after “report” insert “ in Part 2 ” , and ii after “section 22” insert “ and in Part 2A has the meaning given in section 34P ” , and d insert, in the appropriate places— “ care home ” has the meaning given by section 34R(2); ; “ care home provider ” has the meaning given by section 34R(3); ; “ domiciliary care ” has the meaning given by section 34S(2); ; “ domiciliary care provider ” has the meaning given by section 34S(3); ; “ independent palliative care provider ” has the meaning given by section 34T(3); ; “ palliative care service ” has the meaning given by section 34T(2); . 28 In the heading to section 42 (former health care providers and social landlords: modifications), for “and social landlords” substitute “ social landlords, social care providers and palliative care providers ” . 29 1 Section 42 (former health care providers and social landlords: modifications) is amended as follows. 2 In subsection (1), after paragraph (c) insert— d former care home providers in Wales; e former domiciliary care providers in Wales; f former independent palliative care providers in Wales. 3 After subsection (4) insert— 4A “ Former care home provider in Wales ” means a person who— a at the relevant time, provided accommodation, nursing or personal care of a particular description at a care home (within the meaning given by the Care Standards Act 2000) in Wales, and b subsequently ceased to do so (whether or not the person has later started to do so again). 4B “ Former domiciliary care provider in Wales ” means a person who— a at the relevant time, provided domiciliary care services of a particular description in Wales, and b subsequently ceased to do so (whether or not the person has later started to provide those services again). 4C “ Former independent palliative care provider in Wales ” means a person who— a at the relevant time, provided a palliative care service of a particular description in Wales, and b subsequently ceased to do so (whether or not the person has later started to do so again). 30 1 Schedule 1 (Public Services Ombudsman for Wales: appointment etc) is amended as follows. 2 In paragraph 5— a in sub-paragraph (1), after paragraph (e) insert— f he is a care home provider, domiciliary care provider or independent palliative care provider; g he is an officer or member of staff of a provider of that kind. ; b after sub-paragraph (1) insert— 1A For the purposes of sub-paragraph (1)(g) a person is an officer of a provider if he or she has control or management of a provider which is not an individual or the affairs of such a provider. 3 In paragraph 14, in sub-paragraph (7)(a), after “authority” insert “ , care home provider, domiciliary care provider or independent palliative care provider ” . 31 In the title to Schedule 2, after “MATTERS” insert “ : PART 2 ” . Commissioner for Older People (Wales) Act 2006 32 The Commissioner for Older People (Wales) Act 2006 is amended as follows. 33 In section 18 (power to disclose information), in subsection (1), in paragraph (b), for “25A” substitute “ 34V ” . 34 In Schedule 4 (minor and consequential amendments), in paragraph 2, omit sub-paragraphs (2) and (3). Government of Wales Act 2006 35 In Schedule 10 to the Government of Wales Act 2006 (minor and consequential amendments), omit paragraph 77. Welsh Language (Wales) Measure 2011 36 1 Schedule 3 to the Welsh Language (Wales) Measure 2011 (amendments about joint and collaborative working) is amended as follows. 2 Omit the italic cross-heading before paragraph 4 (Public Services Ombudsman (Wales) Act 2005). 3 Omit paragraphs 4 to 6. S. 93 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) S. 8 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) Words in Sch. 2 substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413) , regs. 2(1) , 324(a) S. 123 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) S. 27 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) Words in s. 189(9) repealed (2.4.2018) by Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2) , s. 188(1) , Sch. 3 para. 33(d)(i) ; S.I. 2017/1326 , art. 2(3)(h) , Sch. (with arts. 6 , 8 ) S. 63 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) Sch. 3 para. 6 in force at 1.11.2014 by S.I. 2014/2718 , art. 2(b) S. 139 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) S. 76 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) Words in s. 58(1)(a) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413) , regs. 2(1) , 298 S. 196(6)(d) inserted (4.9.2017) by Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2) , ss. 56(2) , 188(1) ; S.I. 2017/846 , art. 2(b) S. 87 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) Sch. 3 para. 16 in force at 1.11.2014 by S.I. 2014/2718 , art. 2(b) S. 9 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) S. 105 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) Words in Sch. 2 inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413) , regs. 2(1) , 324(e) S. 60 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) Words in s. 47(10) substituted (1.7.2022) by Health and Care Act 2022 (c. 31) , s. 186(6) , Sch. 1 para. 25(a)(i) ; S.I. 2022/734 , reg. 2(a) , Sch. (with regs. 13 , 29 , 30 ) S. 190 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) Words in Sch. 2 Table omitted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31) , ss. 91(4)(c)(i) , 186(6) ; S.I. 2022/734 , reg. 2(a) , Sch. (with regs. 13 , 29 , 30 ) Sch. 3 para. 17 in force at 1.11.2014 by S.I. 2014/2718 , art. 2(b) S. 91 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) S. 82 excluded by S.I. 2012/2813, reg. 2A(b) (as inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) (Secondary Legislation) Regulations 2016 (S.I. 2016/211) , reg. 1(2) , Sch. 3 para. 131 ) S. 190(1)(d)(ia) inserted (1.4.2015) by The Care Act 2014 and Children and Families Act 2014 (Consequential Amendments) Order 2015 (S.I. 2015/914) , art. 1(2) , Sch. para. 98 (with arts. 1(3) , 3 ) Words in s. 166(2)(b)(ii) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413) , regs. 2(1) , 313 Words in s. 83(3) substituted (2.11.2020 for specified purposes, 1.9.2021 in so far as not already in force) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2) , ss. 16(3) , 100(3) ; S.I. 2020/1182 , reg. 3(1)(a) ; S.I. 2021/373 , art. 8(za) (as amended by S.I. 2021/735 , art. 2(5)(a) ) Words in s. 119(6) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413) , regs. 2(1) , 304(b) S. 179 in force at 1.11.2014 by S.I. 2014/2718 , art. 2(b) Sch. 3 para. 1 in force at 1.11.2014 by S.I. 2014/2718 , art. 2(b) S. 154 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) Sch. 3 para. 11 in force at 1.11.2014 by S.I. 2014/2718 , art. 2(b) S. 99 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) S. 129 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) S. 94 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) Words in Sch. 2 inserted (27.4.2015) by Housing (Wales) Act 2014 (anaw 7) , s. 145(3) , Sch. 3 para. 22(3)(b) ; S.I. 2015/1272 , art. 2 , Sch. para. 53 ; S.I. 2015/1272 , art. 2 , Sch. para. 53 S. 19 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) S. 36 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) S. 111 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) S. 173 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) S. 48 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) S. 98 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) Words in heading omitted (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413) , regs. 2(1) , 306(c) Sch. 1 para. 1 excluded by S.I. 2005/1313, reg. 46A(2) (as inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) and Care Planning, Placement and Case Review (Miscellaneous Amendments) (Wales) Regulations 2016 (S.I. 2016/216) , regs. 1(2) , 5(8) ) S. 81 excluded by S.I. 2012/2813, reg. 2A(a) (as inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) (Secondary Legislation) Regulations 2016 (S.I. 2016/211) , reg. 1(2) , Sch. 3 para. 131 ) Words in Sch. 2 substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413) , regs. 2(1) , 324(c) Words in heading omitted (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413) , regs. 2(1) , 307(b) S. 138 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) Sch. A1 inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413) , regs. 2(6), 323 Words in s. 83(5)(a) substituted (2.11.2020 for specified purposes, 1.9.2021 in so far as not already in force) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2) , ss. 16(5)(b) , 100(3) ; S.I. 2020/1182 , reg. 3(1)(a) ; S.I. 2021/373 , art. 8(za) (as amended by S.I. 2021/735 , art. 2(5)(a) ) S. 83(10) inserted (2.11.2020 for specified purposes, 1.9.2021 in so far as not already in force) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2) , ss. 16(9) , 100(3) ; S.I. 2020/1182 , reg. 3(1)(a) ; S.I. 2021/373 , art. 8(za) (as amended by S.I. 2021/735 , art. 2(5)(a) ) S. 12 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) S. 52 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) S. 183 repealed (2.4.2018) by Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2) , s. 188(1) , Sch. 3 para. 31 ; S.I. 2017/1326 , art. 2(3)(h) , Sch. (with art. 6 ) Words in s. 83(5)(c) substituted (2.11.2020 for specified purposes, 1.9.2021 in so far as not already in force) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2) , ss. 16(5)(d) , 100(3) ; S.I. 2020/1182 , reg. 3(1)(a) ; S.I. 2021/373 , art. 8(za) (as amended by S.I. 2021/735 , art. 2(5)(a) ) S. 182 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) Words in s. 193(6) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413) , regs. 2(1) , 315(c)(iii) S. 26 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) S. 103 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) Word in s. 42(4)(c)(i) substituted (6.4.2016) by Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2) , s. 188(1) , Sch. 3 para. 62(e) ; S.I. 2016/467 , art. 3 Sch. 3 para. 14 in force at 1.11.2014 by S.I. 2014/2718 , art. 2(b) Words in s. 77(2)(c)(ii) substituted (1.12.2020) by Sentencing Act 2020 (c. 17) , s. 416(1) , Sch. 24 para. 303(2)(b) (with Sch. 27 ); S.I. 2020/1236 , reg. 2 S. 65 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) Words in s. 164A(4)(d) substituted (1.7.2022) by Health and Care Act 2022 (c. 31) , s. 186(6) , Sch. 4 para. 223(a) ; S.I. 2022/734 , reg. 2(a) , Sch. (with regs. 13 , 29 , 30 ) S. 140 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) S. 71 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) Words in s. 164A(4) substituted (1.7.2022) by Health and Care Act 2022 (c. 31) , s. 186(6) , Sch. 1 para. 29(a) ; S.I. 2022/734 , reg. 2(a) , Sch. (with regs. 13 , 29 , 30 ) Ss. 161-161C and cross-heading substituted for s. 161 (29.4.2019) by Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2) , ss. 57(2) , 188(1) ; S.I. 2019/864 , art. 2(3)(c) Words in s. 93(1)(a) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413) , regs. 2(1) , 302 S. 132 in force at 21.10.2015 by S.I. 2015/1744 , art. 2(a) Words in s. 171(3)(a) substituted (23.7.2019) by Public Services Ombudsman (Wales) Act 2019 (anaw 3) , s. 77(1) , Sch. 5 para. 26(a) ; S.I. 2019/1096 , reg. 2 S. 47 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) Sch. 3 para. 28 in force at 1.11.2014 by S.I. 2014/2718 , art. 2(b) S. 58 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) S. 95 excluded by SI 2005/1313, reg. 46A(2) (as excluded (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) and Care Planning, Placement and Case Review (Miscellaneous Amendments) (Wales) Regulations 2016 (S.I. 2016/216) , regs. 1(2) , 5(8) ) Sch. 3 para. 5 in force at 1.11.2014 by S.I. 2014/2718 , art. 2(b) S. 38 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) S. 96 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) Sch. 3 para. 32 in force at 1.11.2014 by S.I. 2014/2718 , art. 2(b) S. 141 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) Words in s. 18(10)(b) substituted (25.5.2018) by Data Protection Act 2018 (c. 12) , s. 212(1) , Sch. 19 para. 188(a) (with ss. 117 , 209 , 210 ); S.I. 2018/625 , reg. 2(1)(g) S. 101 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) Words in s. 197(1) substituted (6.4.2016) by Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2) , s. 188(1) , Sch. 3 para. 65 ; S.I. 2016/467 , art. 3 S. 42 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) Sch. 3 para. 9 in force at 1.11.2014 by S.I. 2014/2718 , art. 2(b) S. 112 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) S. 197(2)(b) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413) , regs. 2(1) , 319(b) S. 130 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) Words in s. 188(1) inserted (20.3.2015) by Criminal Justice and Courts Act 2015 (c. 2) , s. 95(1) , Sch. 9 para. 32(4) ; S.I. 2015/778 , art. 2(1)(c) ; S.I. 2015/778 , art. 2(1)(c) ; S.I. 2015/778 , art. 2(1)(c) S. 166 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) S. 142 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) Act excluded (1.4.2015) by Care Act 2014 (c. 23) , s. 127 , Sch. 1 para. 4(2)(b) (with Sch. 1 paras. 8 , 14 ); S.I. 2015/993 , art. 2(x)(i) (with transitional provisions in S.I. 2015/995 ); S.I. 2015/993 , art. 2(x)(i) (with transitional provisions in S.I. 2015/995 ); S.I. 2015/993 , art. 2(x)(i) (with transitional provisions in S.I. 2015/995 ) S. 81 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) Ss. 125A-125D and cross-heading inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413) , regs. 2(1) , 308 Word in s. 134(8) substituted (20.3.2015) by Criminal Justice and Courts Act 2015 (c. 2) , s. 95(1) , Sch. 9 para. 32(2)(a) ; S.I. 2015/778 , art. 2(1)(c) ; S.I. 2015/778 , art. 2(1)(c) ; S.I. 2015/778 , art. 2(1)(c) S. 59 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) Sch. 3 para. 10 in force at 1.11.2014 by S.I. 2014/2718 , art. 2(b) S. 33 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) Sch. 3 para. 21 in force at 1.11.2014 by S.I. 2014/2718 , art. 2(b) S. 5 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) S. 116 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) Words in s. 119(2)(c) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413) , regs. 2(1) , 304(a) S. 104 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) S. 69 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) Ss. 144A-144C inserted (4.9.2017 for the insertion of s. 144A, 29.4.2019 for the insertion of s. 144C, 23.2.2021 for the insertion of s. 144B for specified purposes) by Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2) , ss. 56(1) , 188(1) ; S.I. 2017/846 , art. 2(a) ; S.I. 2019/864 , art. 2(3)(b) ; S.I. 2021/181 , reg. 2(a) S. 174 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) Words in s. 189(2) substituted (2.4.2018) by Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2) , s. 188(1) , Sch. 3 para. 33(b) ; S.I. 2017/1326 , art. 2(3)(h) , Sch. (with arts. 6 , 8 ) S. 40 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) Words in s. 83(7) substituted (2.11.2020 for specified purposes, 1.9.2021 in so far as not already in force) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2) , ss. 16(6) , 100(3) ; S.I. 2020/1182 , reg. 3(1)(a) ; S.I. 2021/373 , art. 8(za) (as amended by S.I. 2021/735 , art. 2(5)(a) ) S. 18 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) S. 127 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) Sch. 1 para. 1 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) Sch. 1 para. 1 excluded by S.I. 2012/2813, regs. 2A(c), 5A (as inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) (Secondary Legislation) Regulations 2016 (S.I. 2016/211) , reg. 1(2) , Sch. 3 paras. 131 , 132 ) S. 34 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) S. 107 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) Words in s. 171(3)(a) substituted (23.7.2019) by Public Services Ombudsman (Wales) Act 2019 (anaw 3) , s. 77(1) , Sch. 5 para. 26(b) ; S.I. 2019/1096 , reg. 2 Sch. 3 para. 18 in force at 1.11.2014 by S.I. 2014/2718 , art. 2(b) Sch. 1 para. 6 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) Words in s. 77(4)(b)(ii) substituted (1.7.2022) by Health and Care Act 2022 (c. 31) , s. 186(6) , Sch. 1 para. 26(a) ; S.I. 2022/734 , reg. 2(a) , Sch. (with regs. 13 , 29 , 30 ) Act excluded (1.4.2015) by Care Act 2014 (c. 23) , s. 127 , Sch. 1 para. 1(1) (with Sch. 1 paras. 8 , 14 ); S.I. 2015/993 , art. 2(x)(i) (with transitional provisions in S.I. 2015/995 ); S.I. 2015/993 , art. 2(x)(i) (with transitional provisions in S.I. 2015/995 ); S.I. 2015/993 , art. 2(x)(i) (with transitional provisions in S.I. 2015/995 ) S. 16 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) Act excluded (1.4.2015) by Care Act 2014 (c. 23) , s. 127 , Sch. 1 para. 3(2) (with Sch. 1 paras. 8 , 14 ); S.I. 2015/993 , art. 2(x)(i) (with transitional provisions in S.I. 2015/995 ); S.I. 2015/993 , art. 2(x)(i) (with transitional provisions in S.I. 2015/995 ); S.I. 2015/993 , art. 2(x)(i) (with transitional provisions in S.I. 2015/995 ) S. 95 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) Sch. 3 para. 12 omitted (5.5.2022) by virtue of Local Government and Elections (Wales) Act 2021 (asc 1) , s. 175(7) , Sch. 8 para. 9 ; S.I. 2022/98 , art. 2(b) (with art. 3 ) S. 25 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) S. 39 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) S. 32 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) Sch. 3 para. 36 in force at 1.11.2014 by S.I. 2014/2718 , art. 2(b) S. 149 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) S. 124 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) S. 14(3)(4) repealed (1.4.2016) by Well-being of Future Generations (Wales) Act 2015 (anaw 2) , s. 56(2) , Sch. 4 para. 33 ; S.I. 2016/86 , art. 3 Words in s. 83(8)(a) substituted (2.11.2020 for specified purposes, 1.9.2021 in so far as not already in force) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2) , ss. 16(7) , 100(3) ; S.I. 2020/1182 , reg. 3(1)(a) ; S.I. 2021/373 , art. 8(za) (as amended by S.I. 2021/735 , art. 2(5)(a) ) S. 7 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) Words in s. 83(5)(b) substituted (2.11.2020 for specified purposes, 1.9.2021 in so far as not already in force) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2) , ss. 16(5)(c) , 100(3) ; S.I. 2020/1182 , reg. 3(1)(a) ; S.I. 2021/373 , art. 8(za) (as amended by S.I. 2021/735 , art. 2(5)(a) ) S. 189 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) S. 119(11) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413) , regs. 2(1) , 304(c) Words in s. 77(2)(c)(i) substituted (1.12.2020) by Sentencing Act 2020 (c. 17) , s. 416(1) , Sch. 24 para. 303(2)(a) (with Sch. 27 ); S.I. 2020/1236 , reg. 2 S. 163 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) S. 34 applied (1.4.2015 for specified purposes, 6.4.2016 in so far as not already in force) by Care Act 2014 (c. 23) , ss. 52(3) , 127(1) ; S.I. 2015/993 , art. 2(p) (with transitional provisions in S.I. 2015/995 ); S.I. 2016/464 , art. 2(b) S. 76(2A) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413) , regs. 2(1) , 299 S. 170 in force at 1.11.2014 by S.I. 2014/2718 , art. 2(a) Sch. 1 para. 3 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) S. 114 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) S. 177 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) S. 187 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) S. 100 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) S. 125 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) S. 51 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) Words in s. 77(4)(b)(i) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413) , regs. 2(1) , 300(a) Sch. 3 para. 35 in force at 1.11.2014 by S.I. 2014/2718 , art. 2(b) S. 119 applied (with modifications) (6.4.2016) by The Children (Secure Accommodation) (Wales) Regulations 2015 (S.I. 2015/1988) , regs. 1(2) , 16 (as amended (2.4.2018) by S.I. 2018/391 , regs. 1(4) , 2 ) Words in s. 189(9) inserted (2.4.2018) by Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2) , s. 188(1) , Sch. 3 para. 33(d)(ii) ; S.I. 2017/1326 , art. 2(3)(h) , Sch. (with arts. 6 , 8 ) S. 14 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) Words in s. 1(15)(c) substituted (23.2.2021) by Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2) , s. 188(1) , Sch. 3 para. 30(b) ; S.I. 2021/181 , reg. 2(c) Words in s. 47(10) substituted (1.7.2022) by Health and Care Act 2022 (c. 31) , s. 186(6) , Sch. 4 para. 219(a)(ii) ; S.I. 2022/734 , reg. 2(a) , Sch. (with regs. 13 , 29 , 30 ) Words in s. 14A(5) inserted (20.3.2021) by Local Government and Elections (Wales) Act 2021 (asc 1) , s. 175(3)(q) , Sch. 14 para. 8(b) Words in s. 188(1) substituted (2.4.2018) by Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2) , s. 188(1) , Sch. 3 para. 32 ; S.I. 2017/1326 , art. 2(3)(h) , Sch. (with art. 6 ) S. 131 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) Sch. 3 para. 8 in force at 1.11.2014 by S.I. 2014/2718 , art. 2(b) S. 86 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) S. 150 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) S. 119 excluded (6.4.2016) by The Children (Secure Accommodation) (Wales) Regulations 2015 (S.I. 2015/1988) , regs. 1(2) , 14 S. 165 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) S. 167 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) S. 55 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) S. 135 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) S. 193(8) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413) , regs. 2(1) , 315(d) S. 10(2) omitted (1.4.2021) by virtue of The Local Government and Elections (Wales) Act 2021 (Consequential Amendments) Regulations 2021 (S.I. 2021/296) , regs. 1(2) , 9 S. 115 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) S. 53 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) S. 30 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) S. 102 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) S. 92 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) S. 77 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) Words in s. 197 inserted (1.9.2021) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2) , s. 100(3) , Sch. 1 para. 24(5) ; S.I. 2021/373 , art. 8(j)(xl) (as amended by S.I. 2021/735 , art. 2(5)(b) ) S. 37 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) Sch. 3 para. 25 in force at 1.11.2014 by S.I. 2014/2718 , art. 2(b) Words in s. 134(2)(d) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413) , regs. 2(1) , 309 Words in s. 124(9) inserted (27.4.2017) by Children and Social Work Act 2017 (c. 16) , s. 70(1)(a) , Sch. 1 para. 13 Words in s. 190(1) substituted (2.4.2018) by Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2) , s. 188(1) , Sch. 3 para. 34 ; S.I. 2017/1326 , art. 2(3)(h) , Sch. (with arts. 6 , 8 ) S. 157 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) Words in s. 134(8) inserted (20.3.2015) by Criminal Justice and Courts Act 2015 (c. 2) , s. 95(1) , Sch. 9 para. 32(2)(b) ; S.I. 2015/778 , art. 2(1)(c) ; S.I. 2015/778 , art. 2(1)(c) ; S.I. 2015/778 , art. 2(1)(c) Words in s. 14A(3) substituted (20.3.2021) by Local Government and Elections (Wales) Act 2021 (asc 1) , s. 175(3)(q) , Sch. 14 para. 8(a) Words in s. 118(2)(c) substituted (1.7.2022) by Health and Care Act 2022 (c. 31) , s. 186(6) , Sch. 1 para. 28(a) ; S.I. 2022/734 , reg. 2(a) , Sch. (with regs. 13 , 29 , 30 ) S. 106 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) S. 156 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) Sch. 3 para. 23 in force at 1.11.2014 by S.I. 2014/2718 , art. 2(b) S. 29 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) Words in s. 197(1) omitted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31) , s. 186(6) , Sch. 4 para. 225(a)(i) ; S.I. 2022/734 , reg. 2(a) , Sch. (with regs. 13 , 29 , 30 ) S. 88 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) Words in s. 177(4)(a) substituted (23.7.2019) by Public Services Ombudsman (Wales) Act 2019 (anaw 3) , s. 77(1) , Sch. 5 para. 27(b) ; S.I. 2019/1096 , reg. 2 Words in s. 196(6)(a) inserted (29.4.2019) by Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2) , ss. 57(3) , 188(1) ; S.I. 2019/864 , art. 2(3)(c) Sch. 1 para. 5 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) S. 54 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) Words in Sch. 2 omitted (27.4.2015) by virtue of Housing (Wales) Act 2014 (anaw 7) , s. 145(3) , Sch. 3 para. 22(3)(a) ; S.I. 2015/1272 , art. 2 , Sch. para. 53 ; S.I. 2015/1272 , art. 2 , Sch. para. 53 S. 193 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) S. 169 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) Sch. 3 para. 3 in force at 1.11.2014 by S.I. 2014/2718 , art. 2(b) Words in Sch. 2 inserted (1.9.2021) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2) , s. 100(3) , Sch. 1 para. 24(6)(b) ; S.I. 2021/373 , art. 8(j)(xl) S. 43 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) S. 134 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) Sch. 3 para. 27 in force at 1.11.2014 by S.I. 2014/2718 , art. 2(b) Sch. 1 para. 4 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) S. 80 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) S. 189(1) substituted (2.4.2018) by Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2) , s. 188(1) , Sch. 3 para. 33(a) ; S.I. 2017/1326 , art. 2(3)(h) , Sch. (with arts. 6 , 8 ) Words in s. 189(5)(a) substituted (2.4.2018) by Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2) , s. 188(1) , Sch. 3 para. 33(c) ; S.I. 2017/1326 , art. 2(3)(h) , Sch. (with arts. 6 , 8 ) Words in s. 122(1)(a) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413) , regs. 2(1) , 306(a) Ss. 46-49 applied (1.4.2015 for specified purposes, 6.4.2016 in so far as not already in force) by Care Act 2014 (c. 23) , ss. 52(8) , 127(1) (with s. 52(13) (14) ); S.I. 2015/993 , art. 2(p) (with transitional provisions in S.I. 2015/995 ); S.I. 2016/464 , art. 2(b) S. 120 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) Words in s. 123(1) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413) , regs. 2(1) , 307(a) S. 121 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) Words in s. 47(10) substituted (1.7.2022) by Health and Care Act 2022 (c. 31) , s. 186(6) , Sch. 1 para. 25(a)(ii) ; S.I. 2022/734 , reg. 2(a) , Sch. (with regs. 13 , 29 , 30 ) Words in Sch. 1 para. 4(3) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413) , regs. 2(1) , 321(b) S. 178 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) S. 35 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) Words in s. 104(3)(d)(ii) substituted (1.7.2022) by Health and Care Act 2022 (c. 31) , s. 186(6) , Sch. 1 para. 27(a) ; S.I. 2022/734 , reg. 2(a) , Sch. (with regs. 13 , 29 , 30 ) Words in s. 118(2)(c) substituted (1.7.2022) by Health and Care Act 2022 (c. 31) , s. 186(6) , Sch. 4 para. 222(a) ; S.I. 2022/734 , reg. 2(a) , Sch. (with regs. 13 , 29 , 30 ) S. 10 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) Words in s. 193(4) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413) , regs. 2(1) , 315(b) Sch. 3 para. 24 in force at 1.11.2014 by S.I. 2014/2718 , art. 2(b) Words in s. 177(4)(a) substituted (23.7.2019) by Public Services Ombudsman (Wales) Act 2019 (anaw 3) , s. 77(1) , Sch. 5 para. 27(a) ; S.I. 2019/1096 , reg. 2 S. 160 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) Words in s. 191(6) substituted (2.4.2018) by Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2) , s. 188(1) , Sch. 3 para. 35(a) ; S.I. 2017/1326 , art. 2(3)(h) , Sch. (with arts. 6 , 8 ) S. 146 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) Words in s. 95(4) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413) , regs. 2(1) , 303 S. 97 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) Act modified (4.2.2019) by The Social Services and Well-being (Wales) Act 2014 (Isles of Scilly Modification) Regulations 2018 (S.I. 2018/1267) , reg. 2(2) Words in s. 197(1) inserted (1.7.2022) by Health and Care Act 2022 (c. 31) , s. 186(6) , Sch. 4 para. 225(a)(ii) ; S.I. 2022/734 , reg. 2(a) , Sch. (with regs. 13 , 29 , 30 ) S. 192 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) S. 15 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) S. 194(4A) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413) , regs. 2(1) , 316(a) Words in s. 193(4)(c) substituted (1.7.2022) by Health and Care Act 2022 (c. 31) , s. 186(6) , Sch. 4 para. 224(a) ; S.I. 2022/734 , reg. 2(a) , Sch. (with regs. 13 , 29 , 30 ) S. 108 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) S. 119 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) S. 181 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) Sch. 3 para. 4 in force at 1.11.2014 by S.I. 2014/2718 , art. 2(b) Words in s. 81 substituted (1.12.2017) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2017 (S.I. 2017/1025) , regs. 1(2) , 4(2) S. 153 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) Sch. 3 para. 15 in force at 1.11.2014 by S.I. 2014/2718 , art. 2(b) S. 28 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) S. 79 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) Sch. 1 para. 3(12) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413) , regs. 2(1) , 320 S. 21 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) Sch. 3 para. 29 in force at 1.11.2014 by S.I. 2014/2718 , art. 2(b) S. 176 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) S. 155 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) S. 118 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) Words in s. 37(4) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413) , regs. 2(1) , 296 S. 90 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) Word in s. 42(4)(c)(ii) substituted (6.4.2016) by Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2) , s. 188(1) , Sch. 3 para. 62(f) ; S.I. 2016/467 , art. 3 Sch. 3 para. 30 in force at 1.11.2014 by S.I. 2014/2718 , art. 2(b) S. 53(11) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413) , regs. 2(1) , 297(b) Words in Sch. 2 inserted (1.9.2021) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2) , s. 100(3) , Sch. 1 para. 24(6)(c) ; S.I. 2021/373 , art. 8(j)(xl) S. 172 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) S. 84 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) S. 143 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) S. 159 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) S. 62 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) Words in s. 193(6) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413) , regs. 2(1) , 315(c)(i) Words in s. 77(5) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413) , regs. 2(1) , 300(b) Sch. 3 para. 26 in force at 1.11.2014 by S.I. 2014/2718 , art. 2(b) Sch. 3 para. 2 in force at 1.11.2014 by S.I. 2014/2718 , art. 2(b) S. 86 substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413) , regs. 2(1) , 301 S. 195 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) Words in s. 104(3)(d)(ii) substituted (1.7.2022) by Health and Care Act 2022 (c. 31) , s. 186(6) , Sch. 4 para. 221(a) ; S.I. 2022/734 , reg. 2(a) , Sch. (with regs. 13 , 29 , 30 ) S. 162 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) Words in s. 15(2)(h) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413) , regs. 2(1) , 295 S. 89 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) S. 46 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) S. 109 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) S. 57 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) S. 126 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) Words in s. 77(4)(b)(ii) substituted (1.7.2022) by Health and Care Act 2022 (c. 31) , s. 186(6) , Sch. 4 para. 220(a) ; S.I. 2022/734 , reg. 2(a) , Sch. (with regs. 13 , 29 , 30 ) S. 117 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) S. 13 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) Word in s. 42(4)(a)(ii) substituted (6.4.2016) by Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2) , s. 188(1) , Sch. 3 para. 62(b) ; S.I. 2016/467 , art. 3 S. 137 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) S. 22 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) S. 175 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) S. 151 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) S. 83 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) Sch. 3 para. 19 in force at 1.11.2014 by S.I. 2014/2718 , art. 2(b) Sch. 3 para. 13 in force at 1.11.2014 by S.I. 2014/2718 , art. 2(b) S. 75 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) S. 67 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) Words in s. 189(9) inserted (2.4.2018) by Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2) , s. 188(1) , Sch. 3 para. 33(d)(iii) ; S.I. 2017/1326 , art. 2(3)(h) , Sch. (with arts. 6 , 8 ) Sch. 1 para. 1(8)(c) substituted (1.12.2020) by Sentencing Act 2020 (c. 17) , s. 416(1) , Sch. 24 para. 306(1) (with Sch. 27 ); S.I. 2020/1236 , reg. 2 S. 6 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) S. 68 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) Word in s. 42(4)(b)(i) substituted (6.4.2016) by Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2) , s. 188(1) , Sch. 3 para. 62(c) ; S.I. 2016/467 , art. 3 Words in s. 120(5) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413) , regs. 2(1) , 305 Sch. 3 para. 34 in force at 1.11.2014 by S.I. 2014/2718 , art. 2(b) S. 23 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) S. 195(1A) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413) , regs. 2(1) , 317 Words in s. 162(4)(f) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413) , regs. 2(1) , 310 Sch. 3 para. 7 in force at 1.11.2014 by S.I. 2014/2718 , art. 2(b) S. 133 in force at 21.10.2015 by S.I. 2015/1744 , art. 2(b) Sch. 2 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) S. 185 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) Word in s. 42(4)(a)(i) substituted (6.4.2016) by Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2) , s. 188(1) , Sch. 3 para. 62(a) ; S.I. 2016/467 , art. 3 S. 64 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) S. 119 modified (6.4.2016) by The Children (Secure Accommodation) (Wales) Regulations 2015 (S.I. 2015/1988) , regs. 1(2) , 15 S. 194 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) Sch. 3 para. 20 in force at 1.11.2014 by S.I. 2014/2718 , art. 2(b) Words in s. 193(3) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413) , regs. 2(1) , 315(a) Words in s. 193(6) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413) , regs. 2(1) , 315(c)(ii) Ss. 94A, 94B and cross-heading inserted (2.4.2018) by Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2) , ss. 58 , 188(1) ; S.I. 2017/1326 , art. 2(3)(f) S. 20 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) S. 136 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) Words in s. 83(4) substituted (2.11.2020 for specified purposes, 1.9.2021 in so far as not already in force) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2) , ss. 16(4) , 100(3) ; S.I. 2020/1182 , reg. 3(1)(a) ; S.I. 2021/373 , art. 8(za) (as amended by S.I. 2021/735 , art. 2(5)(a) ) S. 49 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) Sch. 3 para. 31 in force at 1.11.2014 by S.I. 2014/2718 , art. 2(b) S. 77(3) substituted (1.12.2020) by Sentencing Act 2020 (c. 17) , s. 416(1) , Sch. 24 para. 303(4) (with Sch. 27 ); S.I. 2020/1236 , reg. 2 S. 74 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) S. 72 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) S. 44 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) S. 164A inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413) , regs. 2(1) , 312 Sch. 1 para. 4(1)(2) omitted (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413) , regs. 2(1) , 321(a) Word in s. 42(4)(b)(ii) substituted (6.4.2016) by Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2) , s. 188(1) , Sch. 3 para. 62(d) ; S.I. 2016/467 , art. 3 S. 6(4)(b) applied by SI 2005/1313, reg. 46A(2) (as inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) and Care Planning, Placement and Case Review (Miscellaneous Amendments) (Wales) Regulations 2016 (S.I. 2016/216) , regs. 1(2) , 5(8) ) S. 180 in force at 1.11.2014 by S.I. 2014/2718 , art. 2(c) S. 113 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) S. 188 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) S. 41 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) Words in s. 193(4)(c) substituted (1.7.2022) by Health and Care Act 2022 (c. 31) , s. 186(6) , Sch. 1 para. 30(a) ; S.I. 2022/734 , reg. 2(a) , Sch. (with regs. 13 , 29 , 30 ) S. 83(2A)-(2D) inserted (2.11.2020 for specified purposes, 1.9.2021 in so far as not already in force) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2) , ss. 16(2) , 100(3) ; S.I. 2020/1182 , reg. 3(1)(a) ; S.I. 2021/373 , art. 8(za) (as amended by S.I. 2021/735 , art. 2(5)(a) ) S. 50 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) Words in s. 194(6)(c) substituted (1.12.2020) by Sentencing Act 2020 (c. 17) , s. 416(1) , Sch. 24 para. 305(1) (with Sch. 27 ); S.I. 2020/1236 , reg. 2 Sch. 1 para. 2 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) S. 190(1)(d)(i) omitted (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413) , regs. 2(1) , 314 S. 194(8) inserted (6.4.2016) by Care Act 2014 (c. 23) , s. 127(1) , Sch. 1 para. 13 (with Sch. 1 paras. 8 , 14 ); S.I. 2016/464 , art. 2(c) S. 56 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) S. 184 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) S. 31 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) S. 70 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) S. 85 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) S. 78 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) Words in s. 47(10) substituted (1.7.2022) by Health and Care Act 2022 (c. 31) , s. 186(6) , Sch. 4 para. 219(a)(i) ; S.I. 2022/734 , reg. 2(a) , Sch. (with regs. 13 , 29 , 30 ) Words in s. 83(5) inserted (2.11.2020 for specified purposes, 1.9.2021 in so far as not already in force) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2) , ss. 16(5)(a) , 100(3) ; S.I. 2020/1182 , reg. 3(1)(a) ; S.I. 2021/373 , art. 8(za) (as amended by S.I. 2021/735 , art. 2(5)(a) ) Words in s. 83(9) substituted (2.11.2020 for specified purposes, 1.9.2021 in so far as not already in force) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2) , ss. 16(8) , 100(3) ; S.I. 2020/1182 , reg. 3(1)(a) ; S.I. 2021/373 , art. 8(za) (as amended by S.I. 2021/735 , art. 2(5)(a) ) S. 168 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) S. 66 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) S. 152 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) S. 1(9)(da) and word substituted for word (23.2.2021) by Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2) , s. 188(1) , Sch. 3 para. 30(a)(iii) ; S.I. 2021/181 , reg. 2(c) S. 17 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) S. 110 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) S. 11 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) Words in s. 197(1) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413) , regs. 2(1) , 319(a) S. 82 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) S. 45 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) S. 73 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) S. 196(6)(ca) inserted (22.6.2021) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2) , s. 100(3) , Sch. 1 para. 24(4) ; S.I. 2021/373 , art. 7A (as amended by S.I. 2021/735 , art. 2(4) ) S. 122 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) S. 191 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) Words in s. 164(4)(b) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413) , regs. 2(1) , 311 Words in s. 197(1) substituted (1.7.2022) by Health and Care Act 2022 (c. 31) , s. 186(6) , Sch. 1 para. 31(a) ; S.I. 2022/734 , reg. 2(a) , Sch. (with regs. 13 , 29 , 30 ) Words in s. 122(1)(b) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413) , regs. 2(1) , 306(b) S. 171 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) S. 148 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) S. 145 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) S. 61 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) Words in s. 188(1) substituted (1.12.2020) by Sentencing Act 2020 (c. 17) , s. 416(1) , Sch. 24 para. 304(1) (with Sch. 27 ); S.I. 2020/1236 , reg. 2 S. 164 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) S. 1(9)(ba) inserted (23.2.2021) by Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2) , s. 188(1) , Sch. 3 para. 30(a)(i) ; S.I. 2021/181 , reg. 2(c) Words in s. 191(7) substituted (2.4.2018) by Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2) , s. 188(1) , Sch. 3 para. 35(b) ; S.I. 2017/1326 , art. 2(3)(h) , Sch. (with arts. 6 , 8 ) Words in Sch. 2 inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413) , regs. 2(1) , 324(d) S. 14A inserted (6.4.2016) by Well-being of Future Generations (Wales) Act 2015 (anaw 2) , s. 56(2) , Sch. 4 para. 34 ; S.I. 2016/86 , art. 4 S. 158 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) Sch. 3 para. 22 in force at 1.11.2014 by S.I. 2014/2718 , art. 2(b) Words in Sch. 2 substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413) , regs. 2(1) , 324(b) S. 186 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) S. 147 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) S. 1(9)(ca) inserted (23.2.2021) by Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2) , s. 188(1) , Sch. 3 para. 30(a)(ii) ; S.I. 2021/181 , reg. 2(c) Words in s. 3(3) inserted (1.9.2021) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2) , s. 100(3) , Sch. 1 para. 24(2) ; S.I. 2021/373 , art. 8(j)(xl) (as amended by S.I. 2021/735 , art. 2(5)(b) ) S. 144 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) S. 128 in force at 6.4.2016 by S.I. 2016/412 , art. 2 (with art. 4 , Schs. 1 , 2 ) Words in s. 48(a) substituted (27.4.2015) by Housing (Wales) Act 2014 (anaw 7) , s. 145(3) , Sch. 3 para. 22(2) ; S.I. 2015/1272 , art. 2 , Sch. para. 53 ; S.I. 2015/1272 , art. 2 , Sch. para. 53 Sch. 3 para. 33 in force at 1.11.2014 by S.I. 2014/2718 , art. 2(b) S. 195A inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413) , regs. 2(1) , 318 Ss. 149A-149D and cross-heading inserted (29.4.2019) by Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2) , ss. 57(1) , 188(1) ; S.I. 2019/864 , art. 2(3)(c) S. 56 modified (1.4.2020) by Coronavirus Act 2020 (c. 7) , s. 87(2) , Sch. 12 para. 33 (with Sch. 12 para. 34 ); S.I. 2020/366 , reg. 3 Ss. 105-116 excluded by 2002 c. 41, Sch. 3 para. 1(1)(o) (as inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413) , regs. 2(1) , 199(4) ) Word in s. 86 and its heading omitted (2.4.2018) by virtue of The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2018 (S.I. 2018/195) , regs. 2(1) , 52 Words in s. 197(1) substituted (29.4.2019) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2019 (S.I. 2019/772) , regs. 1(2) , 29 Words in s. 197(1) (2.4.2018) by Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2) , s. 188(1) , Sch. 3 para. 36(a) ; S.I. 2017/1326 , reg. 2(3)(h) , Sch. (with art. 6 ) Words in s. 197(1) (2.4.2018) by Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2) , s. 188(1) , Sch. 3 para. 36(b) ; S.I. 2017/1326 , reg. 2(3)(h) , Sch. (with art. 6 ) Words in s. 47(1) renumbered as s. 47(1)(a) (25.3.2025) by Health and Social Care (Wales) Act 2025 (asc 1) , ss. 26(2)(a) , 29(1)(b) S. 47(1)(b) and word inserted (25.3.2025) by Health and Social Care (Wales) Act 2025 (asc 1) , ss. 26(2)(b) , 29(1)(b) Words in s. 47(2) renumbered as s. 47(2)(a) (25.3.2025) by Health and Social Care (Wales) Act 2025 (asc 1) , ss. 26(3)(a) , 29(1)(b) S. 47(2)(b) and word inserted (25.3.2025) by Health and Social Care (Wales) Act 2025 (asc 1) , ss. 26(3)(b) , 29(1)(b) S. 76(6)(a) substituted (25.3.2025) by Health and Social Care (Wales) Act 2025 (asc 1) , ss. 21(2) , 29(1)(a)(i) Words in s. 81(3)(c) substituted (25.3.2025) by Health and Social Care (Wales) Act 2025 (asc 1) , ss. 21(3) , 29(1)(a)(i) Words in Sch. 1 para. 1(1) inserted (1.9.2021 for specified purposes, 1.1.2022 for specified purposes, 1.9.2022 for specified purposes, 1.9.2025 for specified purposes) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2) , ss. 49(5) , 100(3) ; S.I. 2021/373 , arts. 3 , 4 , 6 , 7 (as amended by S.I. 2021/938 , art. 2 ); S.I. 2021/1243 , art. 3 (with arts. 4-23 ) (as amended by S.I. 2021/1428 , art. 2 ); S.I. 2021/1244 , art. 3 (with arts. 4-21 ) (as amended by S.I. 2021/1428 , art. 3 ); S.I. 2021/1245 , arts. 3 , 4 (with art. 1(4) ); S.I. 2022/891 , art. 3 (with arts. 4-25 ); S.I. 2022/892 , arts. 2 , 3 (with arts. 4-18 ); S.I. 2022/893 , arts. 2 , 4 ; S.I. 2022/894 , art. 3 ; S.I. 2022/895 , arts. 3 , 4 ; S.I. 2022/896 , art. 3 (with arts. 1(7) , 4-22 ); S.I. 2022/897 , art. 3 (with arts. 1(8) , 4-21 ); S.I. 2022/898 , arts. 2 , 3 Words in s. 182(1)(d) substituted (1.9.2021 for specified purposes, 1.1.2022 for specified purposes, 1.9.2022 for specified purposes, 1.9.2025 for specified purposes) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2) , s. 100(3) , Sch. 1 para. 24(3) ; S.I. 2021/373 , arts. 3 , 4 , 6 , 7 (as amended by S.I. 2021/938 , art. 2 ); S.I. 2021/1243 , art. 3 (with arts. 4-23 ) (as amended by S.I. 2021/1428 , art. 2 ); S.I. 2021/1244 , art. 3 (with arts. 4-21 ) (as amended by S.I. 2021/1428 , art. 3 ); S.I. 2021/1245 , arts. 3 , 4 (with art. 1(4) ); S.I. 2022/891 , art. 3 (with arts. 4-25 ); S.I. 2022/892 , arts. 2 , 3 (with arts. 4-18 ); S.I. 2022/893 , arts. 2 , 4 ; S.I. 2022/894 , art. 3 ; S.I. 2022/895 , arts. 3 , 4 ; S.I. 2022/896 , art. 3 (with arts. 1(7) , 4-22 ); S.I. 2022/897 , art. 3 (with arts. 1(8) , 4-21 ); S.I. 2022/898 , arts. 2 , 3 Word in s. 91(1) inserted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes, 1.9.2024 for specified purposes, 1.9.2025 for specified purposes) by The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744) , reg. 1(3) , Sch. 2 para. 17(2)(a)(i) Words in s. 91(1) omitted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes, 1.9.2024 for specified purposes, 1.9.2025 for specified purposes) by virtue of The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744) , reg. 1(3) , Sch. 2 para. 17(2)(a)(ii) S. 91(1A) inserted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes, 1.9.2024 for specified purposes, 1.9.2025 for specified purposes) by The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744) , reg. 1(3) , Sch. 2 para. 17(2)(b) S. 91(2) substituted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes, 1.9.2024 for specified purposes, 1.9.2025 for specified purposes) by The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744) , reg. 1(3) , Sch. 2 para. 17(2)(c) Sch. 2 entry omitted (1.9.2021 for specified purposes, 1.1.2022 for specified purposes, 1.9.2022 for specified purposes, 1.9.2025 for specified purposes) by virtue of Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2) , s. 100(3) , Sch. 1 para. 24(6)(a) ; S.I. 2021/373 , arts. 3 , 4 , 6 , 7 (as amended by S.I. 2021/938 , art. 2 ); S.I. 2021/1243 , art. 3 (with arts. 4-23 ) (as amended by S.I. 2021/1428 , art. 2 ); S.I. 2021/1244 , art. 3 (with arts. 4-21 ) (as amended by S.I. 2021/1428 , art. 3 ); S.I. 2021/1245 , arts. 3 , 4 (with art. 1(4) ); S.I. 2022/891 , art. 3 (with arts. 4-25 ); S.I. 2022/892 , arts. 2 , 3 (with arts. 4-18 ); S.I. 2022/893 , arts. 2 , 4 ; S.I. 2022/894 , art. 3 ; S.I. 2022/895 , arts. 3 , 4 ; S.I. 2022/896 , art. 3 (with arts. 1(7) , 4-22 ); S.I. 2022/897 , art. 3 (with arts. 1(8) , 4-21 ); S.I. 2022/898 , arts. 2 , 3 Words in Sch. 2 Table 1 substituted (10.9.2025) by Legislation (Procedure, Publication and Repeals) (Wales) Act 2025 (asc 3) , s. 9(2)(d) , Sch. 1 para. 44
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[uk-legislation-anaw][anaw] 2025-10-02
http://www.legislation.gov.uk/anaw/2019/4/2025-09-10
http://www.legislation.gov.uk/anaw/2019/4/2025-09-10 Legislation (Wales) Act 2019 An Act of the National Assembly for Wales to promote the accessibility of Welsh law; to provide for the interpretation and operation of Welsh legislation; and for connected purposes. text text/xml en Statute Law Database 2025-09-15 Expert Participation 2025-09-10 Legislation (Wales) Act 2019 Deddf Deddfwriaeth (Cymru) 2019 s. 26 heading The European Union Withdrawal (Consequential Modifications) (EU Exit) Regulations 2020 reg. 8(4)(b)(i) reg. 1(3) Legislation (Wales) Act 2019 Deddf Deddfwriaeth (Cymru) 2019 s. 1(3)(d) Fisheries Act 2020 s. 46(5)(b) Sch. 4 para. 31 s. 54(2) Legislation (Wales) Act 2019 Deddf Deddfwriaeth (Cymru) 2019 s. 3(4) Fisheries Act 2020 s. 46(6)(b) Sch. 4 para. 31 s. 54(2) Legislation (Wales) Act 2019 Deddf Deddfwriaeth (Cymru) 2019 s. 24(1)(a) European Union (Withdrawal Agreement) Act 2020 Sch. 5 para. 59(a) s. 38(3) s. 42(7) reg. 4(n)(xxviii) Legislation (Wales) Act 2019 Deddf Deddfwriaeth (Cymru) 2019 s. 24(1)(b) The Direct Payments to Farmers (Legislative Continuity) Act 2020 (Consequential Amendments) Regulations 2020 reg. 4(b) reg. 1(1) Legislation (Wales) Act 2019 Deddf Deddfwriaeth (Cymru) 2019 s. 24(2A) The European Union Withdrawal (Consequential Modifications) (EU Exit) Regulations 2020 reg. 8(2)(b) reg. 1(3) Legislation (Wales) Act 2019 Deddf Deddfwriaeth (Cymru) 2019 s. 25A The European Union Withdrawal (Consequential Modifications) (EU Exit) Regulations 2020 reg. 8(3)(b) reg. 1(3) Legislation (Wales) Act 2019 Deddf Deddfwriaeth (Cymru) 2019 s. 26(3) European Union (Withdrawal Agreement) Act 2020 Sch. 5 para. 60(a) s. 38(3) s. 42(7) reg. 4(n)(xxviii) Legislation (Wales) Act 2019 Deddf Deddfwriaeth (Cymru) 2019 s. 26(3) The European Union Withdrawal (Consequential Modifications) (EU Exit) Regulations 2020 reg. 8(4)(b)(ii) reg. 1(3) Legislation (Wales) Act 2019 Deddf Deddfwriaeth (Cymru) 2019 s. 40A Fisheries Act 2020 s. 46(7)(b) Sch. 4 para. 31 s. 54(2) Legislation (Wales) Act 2019 Deddf Deddfwriaeth (Cymru) 2019 Sch. 1 European Union (Withdrawal Agreement) Act 2020 Sch. 5 para. 61(a) s. 38(3) s. 42(7) reg. 4(n)(xxviii) Legislation (Wales) Act 2019 Deddf Deddfwriaeth (Cymru) 2019 Sch. 1 European Union (Withdrawal Agreement) Act 2020 Sch. 5 para. 61(b) s. 38(3) s. 42(7) reg. 4(n)(xxviii) Legislation (Wales) Act 2019 Deddf Deddfwriaeth (Cymru) 2019 Sch. 1 European Union (Withdrawal Agreement) Act 2020 Sch. 5 para. 61(c) s. 38(3) s. 42(7) reg. 4(n)(xxviii) Legislation (Wales) Act 2019 Deddf Deddfwriaeth (Cymru) 2019 Sch. 1 European Union (Withdrawal Agreement) Act 2020 Sch. 5 para. 61(d) s. 38(3) s. 42(7) reg. 4(n)(xxviii) Legislation (Wales) Act 2019 Deddf Deddfwriaeth (Cymru) 2019 Sch. 1 European Union (Withdrawal Agreement) Act 2020 Sch. 5 para. 61(e) s. 38(3) s. 42(7) reg. 4(n)(xxviii) Legislation (Wales) Act 2019 Deddf Deddfwriaeth (Cymru) 2019 Sch. 1 European Union (Withdrawal Agreement) Act 2020 Sch. 5 para. 61(f) s. 38(3) s. 42(7) reg. 4(n)(xxviii) Legislation (Wales) Act 2019 Deddf Deddfwriaeth (Cymru) 2019 Sch. 1 Direct Payments to Farmers (Legislative Continuity) Act 2020 Sch. 1 para. 5(a) Sch. 1 para. 7 8 s. 9(3) Legislation (Wales) Act 2019 Deddf Deddfwriaeth (Cymru) 2019 Sch. 1 Table Fisheries Act 2020 s. 46(8)(b) Sch. 4 para. 31 s. 54(2) Legislation (Wales) Act 2019 Deddf Deddfwriaeth (Cymru) 2019 Pt. 2A Legislation (Procedure, Publication and Repeals) (Wales) Act 2025 Deddf Deddfwriaeth (Gweithdrefn, Cyhoeddi a Diddymiadau) (Cymru) 2025 s. 1(2) s. 9(4) art. 2(a) art. 3(1) (2) Legislation (Wales) Act 2019 Deddf Deddfwriaeth (Cymru) 2019 Sch. 1A - 1C Legislation (Procedure, Publication and Repeals) (Wales) Act 2025 Deddf Deddfwriaeth (Gweithdrefn, Cyhoeddi a Diddymiadau) (Cymru) 2025 s. 1(3) s. 9(4) art. 2(a) art. 3(1) (2) Legislation (Wales) Act 2019 Deddf Deddfwriaeth (Cymru) 2019 Pt. 2B Legislation (Procedure, Publication and Repeals) (Wales) Act 2025 Deddf Deddfwriaeth (Gweithdrefn, Cyhoeddi a Diddymiadau) (Cymru) 2025 s. 3 s. 9(4) art. 2(b) art. 4 Legislation (Wales) Act 2019 Deddf Deddfwriaeth (Cymru) 2019 s. 42A Legislation (Procedure, Publication and Repeals) (Wales) Act 2025 Deddf Deddfwriaeth (Gweithdrefn, Cyhoeddi a Diddymiadau) (Cymru) 2025 s. 5 s. 9(4) art. 2(c) Legislation (Wales) Act 2019 Deddf Deddfwriaeth (Cymru) 2019 s. 2(3)(e) Legislation (Procedure, Publication and Repeals) (Wales) Act 2025 Deddf Deddfwriaeth (Gweithdrefn, Cyhoeddi a Diddymiadau) (Cymru) 2025 s. 6 s. 9(4) art. 2(d) art. 5 Legislation (Wales) Act 2019 Deddf Deddfwriaeth (Cymru) 2019 s. 3(2) Legislation (Procedure, Publication and Repeals) (Wales) Act 2025 Deddf Deddfwriaeth (Gweithdrefn, Cyhoeddi a Diddymiadau) (Cymru) 2025 Sch. 3 para. 10 s. 9(4) art. 2(e) Legislation (Wales) Act 2019 Deddf Deddfwriaeth (Cymru) 2019 s. 22(2) Legislation (Procedure, Publication and Repeals) (Wales) Act 2025 Deddf Deddfwriaeth (Gweithdrefn, Cyhoeddi a Diddymiadau) (Cymru) 2025 Sch. 3 para. 11(a) s. 9(4) art. 2(e) Legislation (Wales) Act 2019 Deddf Deddfwriaeth (Cymru) 2019 s. 22(2) Legislation (Procedure, Publication and Repeals) (Wales) Act 2025 Deddf Deddfwriaeth (Gweithdrefn, Cyhoeddi a Diddymiadau) (Cymru) 2025 Sch. 3 para. 11(b) s. 9(4) art. 2(e) Legislation (Wales) Act 2019 Deddf Deddfwriaeth (Cymru) 2019 s. 22(2) Legislation (Procedure, Publication and Repeals) (Wales) Act 2025 Deddf Deddfwriaeth (Gweithdrefn, Cyhoeddi a Diddymiadau) (Cymru) 2025 Sch. 3 para. 11(c) s. 9(4) art. 2(e) Legislation (Wales) Act 2019 Deddf Deddfwriaeth (Cymru) 2019 s. 23(2) Legislation (Procedure, Publication and Repeals) (Wales) Act 2025 Deddf Deddfwriaeth (Gweithdrefn, Cyhoeddi a Diddymiadau) (Cymru) 2025 Sch. 3 para. 12(a) s. 9(4) art. 2(e) Legislation (Wales) Act 2019 Deddf Deddfwriaeth (Cymru) 2019 s. 23(2) Legislation (Procedure, Publication and Repeals) (Wales) Act 2025 Deddf Deddfwriaeth (Gweithdrefn, Cyhoeddi a Diddymiadau) (Cymru) 2025 Sch. 3 para. 12(b) s. 9(4) art. 2(e) Legislation (Wales) Act 2019 Deddf Deddfwriaeth (Cymru) 2019 s. 39(1) Legislation (Procedure, Publication and Repeals) (Wales) Act 2025 Deddf Deddfwriaeth (Gweithdrefn, Cyhoeddi a Diddymiadau) (Cymru) 2025 Sch. 3 para. 13(a) s. 9(4) art. 2(e) Legislation (Wales) Act 2019 Deddf Deddfwriaeth (Cymru) 2019 s. 39(2) Legislation (Procedure, Publication and Repeals) (Wales) Act 2025 Deddf Deddfwriaeth (Gweithdrefn, Cyhoeddi a Diddymiadau) (Cymru) 2025 Sch. 3 para. 13(b) s. 9(4) art. 2(e) Legislation (Wales) Act 2019 Deddf Deddfwriaeth (Cymru) 2019 s. 40 Legislation (Procedure, Publication and Repeals) (Wales) Act 2025 Deddf Deddfwriaeth (Gweithdrefn, Cyhoeddi a Diddymiadau) (Cymru) 2025 Sch. 3 para. 14 s. 9(4) art. 2(e) art. 3(1) (4) Legislation (Wales) Act 2019 Deddf Deddfwriaeth (Cymru) 2019 s. 43 Legislation (Procedure, Publication and Repeals) (Wales) Act 2025 Deddf Deddfwriaeth (Gweithdrefn, Cyhoeddi a Diddymiadau) (Cymru) 2025 Sch. 3 para. 15 s. 9(4) art. 2(e) Legislation (Wales) Act 2019 Deddf Deddfwriaeth (Cymru) 2019 s. 3(2)(b) Retained EU Law (Revocation and Reform) Act 2023 Sch. 2 para. 9(2)(a) s. 22(6) s. 22(3) reg. 3(e) Legislation (Wales) Act 2019 Deddf Deddfwriaeth (Cymru) 2019 s. 32(3) Retained EU Law (Revocation and Reform) Act 2023 Sch. 2 para. 9(3)(a) s. 22(6) s. 22(3) reg. 3(e) Legislation (Wales) Act 2019 Deddf Deddfwriaeth (Cymru) 2019 s. 39(4)(a) Retained EU Law (Revocation and Reform) Act 2023 Sch. 2 para. 9(4)(a) s. 22(6) s. 22(3) reg. 3(e) Legislation (Wales) Act 2019 Deddf Deddfwriaeth (Cymru) 2019 s. 40(4)(a) Retained EU Law (Revocation and Reform) Act 2023 Sch. 2 para. 9(5)(a) s. 22(6) s. 22(3) reg. 3(e) Legislation (Wales) Act 2019 Deddf Deddfwriaeth (Cymru) 2019 Sch. 1 Table Retained EU Law (Revocation and Reform) Act 2023 Sch. 2 para. 9(6)(a)(i) s. 22(6) s. 22(3) reg. 3(e) Legislation (Wales) Act 2019 Deddf Deddfwriaeth (Cymru) 2019 Sch. 1 Table Retained EU Law (Revocation and Reform) Act 2023 Sch. 2 para. 9(6)(a)(ii) s. 22(6) s. 22(3) reg. 3(e) Legislation (Wales) Act 2019 Deddf Deddfwriaeth (Cymru) 2019 Sch. 1 Table Retained EU Law (Revocation and Reform) Act 2023 Sch. 2 para. 9(6)(a)(iii) s. 22(6) s. 22(3) reg. 3(e) Legislation (Wales) Act 2019 Deddf Deddfwriaeth (Cymru) 2019 Sch. 1 Table Retained EU Law (Revocation and Reform) Act 2023 Sch. 2 para. 9(6)(a)(iv) s. 22(6) s. 22(3) reg. 3(e) Legislation (Wales) Act 2019 Deddf Deddfwriaeth (Cymru) 2019 Sch. 1 Table Retained EU Law (Revocation and Reform) Act 2023 Sch. 2 para. 9(6)(a)(v) s. 22(6) s. 22(3) reg. 3(e) Legislation (Wales) Act 2019 2019 anaw 4 An Act of the National Assembly for Wales to promote the accessibility of Welsh law; to provide for the interpretation and operation of Welsh legislation; and for connected purposes. [10 September 2019] Having been passed by the National Assembly for Wales and having received the assent of Her Majesty, it is enacted as follows: PART 1 ACCESSIBILITY OF WELSH LAW Duty to keep accessibility of Welsh law under review 1 1 The Counsel General must keep the accessibility of Welsh law under review. 2 In this Part, the “accessibility” of Welsh law means the extent to which it is— a readily available to members of the public in Welsh and English; b published in an up-to-date form in both languages (showing whether enactments are in force and incorporating any amendments made to them); c clearly and logically organised (both within and between enactments); d easy to understand and certain in its effect. 3 In this Part, “ Welsh law ” means— a Acts of Senedd Cymru and Assembly Measures; b subordinate legislation made under Acts of Senedd Cymru and Assembly Measures; c any other subordinate legislation made by the Welsh Ministers or the National Assembly for Wales established by the Government of Wales Act 1998 (c. 38), so far as it applies in relation to Wales; d any other enactment or rule of law, so far as it ... could be provided for in an Act of Senedd Cymru . Programme to improve accessibility of Welsh law 2 1 The Welsh Ministers and the Counsel General must prepare a programme setting out what they intend to do to improve the accessibility of Welsh law. 2 A programme must be prepared for each term of Senedd Cymru that begins after this section comes into force. 3 The programme must include proposed activities that are intended to— a contribute to an ongoing process of consolidating and codifying Welsh law; b maintain the form of Welsh law (once codified); c promote awareness and understanding of Welsh law; d facilitate use of the Welsh language. 4 The programme may also include proposed activities— a that may be undertaken in collaboration with the Law Commission (in accordance with the Law Commissions Act 1965 (c. 22)), or b of any other kind the Welsh Ministers and the Counsel General consider appropriate. 5 The Counsel General must lay a copy of the programme before Senedd Cymru within 6 months of the appointment of a First Minister after a general election held under Part 1 of the Government of Wales Act 2006 (c. 32). 6 The Welsh Ministers and the Counsel General may at any time revise the programme, and if they do so the Counsel General must lay a copy of the revised programme before Senedd Cymru . 7 The Counsel General must report annually to Senedd Cymru on progress made under the programme. 8 In subsection (3), codifying Welsh law includes— a adopting a structure for Welsh law that improves its accessibility; b organising and publishing consolidated Welsh law according to that structure. PART 2 INTERPRETATION AND OPERATION OF WELSH LEGISLATION Application and effect of Part Legislation to which this Part applies 3 1 This Part applies to— a this Act; b Acts of Senedd Cymru that receive Royal Assent on or after 1 January 2020 ; c Welsh subordinate instruments that are made on or after 1 January 2020 . 2 “ Welsh subordinate instrument ” means an instrument (whether or not that instrument is a statutory instrument) containing only one or both of the following— a subordinate legislation that is made under an Act of Senedd Cymru or an Assembly Measure, whether by the Welsh Ministers or by any other person; b subordinate legislation that— i is made under an Act of the Parliament of the United Kingdom or assimilated direct legislation, ii is made only by the Welsh Ministers or any other devolved Welsh authority (within the meaning given by section 157A of the Government of Wales Act 2006 (c. 32)), and iii applies only in relation to Wales. 3 References in this Part to an Act of Senedd Cymru are (unless otherwise provided) references to an Act of Senedd Cymru to which this Part applies by virtue of subsection (1). 3A References in this Part to a Welsh subordinate instrument are (unless otherwise provided) references to the subordinate legislation contained in a Welsh subordinate instrument to which this Part applies by virtue of subsection (1). 4 In relation to subordinate legislation that relates to fishing, fisheries or fish health and is made after section 45 of the Fisheries Act 2020 (c. 22) comes into force, the reference in subsection (2)(b)(iii) to Wales includes the area of the Welsh zone beyond the seaward limits of the territorial sea. Effect of provisions in this Part 4 1 Where this Part applies to an Act of Senedd Cymru or a Welsh subordinate instrument, the provisions in this Part have effect in relation to the Act or instrument except so far as— a express provision is made to the contrary, or b the context requires otherwise. 2 The exception in subsection (1) does not apply to section 5 (equal status of texts of bilingual legislation). 3 Paragraph (b) of that exception does not apply to— a section 10 (references to time of day); b section 28 (application of Welsh legislation to the Crown); c section 33 (repeals and revocations do not revive law previously repealed, revoked or abolished). Bilingual Welsh legislation Equal status of Welsh and English language texts 5 1 This section applies where an Act of Senedd Cymru is enacted, or a Welsh subordinate instrument is made, in Welsh and English. 2 The Welsh language text and the English language text have equal status for all purposes. Meaning of words and expressions used in Welsh legislation Definitions of words and expressions 6 1 Words and expressions listed in the Table in Schedule 1 are to be interpreted according to that Table where they appear in an Act of Senedd Cymru or a Welsh subordinate instrument. 2 The Welsh Ministers may by regulations amend Schedule 1 to— a insert new definitions of words or expressions; b remove definitions of words or expressions; c amend definitions of words or expressions. 3 Regulations under subsection (2) may make supplementary, incidental, consequential, transitory, transitional or saving provision, which may include provision which amends, repeals, revokes or otherwise modifies any enactment (whenever enacted or made). Words in the singular include the plural and vice versa 7 In an Act of Senedd Cymru or a Welsh subordinate instrument— a words in the singular include the plural; b words in the plural include the singular. Words denoting a gender are not limited to that gender 8 In an Act of Senedd Cymru or a Welsh subordinate instrument, words denoting persons of a particular gender are not to be read as limited to persons of that gender. Variations of a word or expression due to grammar etc. 9 Where a word or expression in an Act of Senedd Cymru or a Welsh subordinate instrument is given a meaning by an enactment, other parts of speech and grammatical forms or modifications of the word or expression are to be interpreted in accordance with that meaning. References to time of day 10 A reference to the time of day in an Act of Senedd Cymru or a Welsh subordinate instrument is a reference to Greenwich mean time; but this is subject to section 3 of the Summer Time Act 1972 (c. 6) (points of time during the period of summer time). References to the Sovereign 11 A reference to the Sovereign in an Act of Senedd Cymru or a Welsh subordinate instrument is to be read as a reference to the Sovereign for the time being. Measurement of distance 12 A reference to a distance in an Act of Senedd Cymru or a Welsh subordinate instrument is a reference to that distance measured in a straight line on a horizontal plane. Laying documents before Senedd Cymru Meaning of references to laying documents before Senedd Cymru 12A 1 This section applies where an Act of Senedd Cymru or a Welsh subordinate instrument authorises or requires the laying of any document (including a Welsh statutory instrument) before Senedd Cymru. 2 The reference to laying the document is a reference to taking the action specified in relation to laying a document before Senedd Cymru in the standing orders of the Senedd. Service of documents by post or electronically Service of documents by post or electronically 13 1 Where an Act of Senedd Cymru or a Welsh subordinate instrument authorises or requires a person (“A”) to serve a document by post on another person (“B”), A serves the document if A properly addresses, pre-pays and posts a letter containing the document to B. 2 Where an Act of Senedd Cymru or a Welsh subordinate instrument authorises or requires a person (“A”) to serve a document electronically on another person (“B”), A serves the document if— a A properly addresses and sends to B an electronic communication consisting of or containing the document, or to which the document is attached, and b the document is sent in an electronic form which is capable of being accessed and retained by B. 3 This section applies whether the ... Act or ... instrument uses the word “serve” or any other expression (such as “give” or “send”) to refer to the service of the document. Day on which service is deemed to be effected 14 Where a document is served by post or electronically under an Act of Senedd Cymru or a Welsh subordinate instrument, service is deemed to be effected, unless the contrary is proved— a in the case of a document served by post, on the day on which the letter containing the document would arrive in the ordinary course of post; b in the case of a document served electronically, on the day on which the electronic communication is sent. Powers and duties Continuity of powers and duties 15 1 A power conferred by an Act of Senedd Cymru or a Welsh subordinate instrument may be exercised on more than one occasion. 2 A duty imposed by an Act of Senedd Cymru or a Welsh subordinate instrument is continuous and must be performed as occasion requires. 3 Where a power is conferred or a duty is imposed by an Act of Senedd Cymru or a Welsh subordinate instrument on the holder of an office, it is to be exercised by the holder for the time being of the office. Exercise of a power or duty that is not in force 16 1 This section applies where a power or duty is conferred or imposed— a by a provision in an Act of Senedd Cymru which does not come into force on the day on which the Act receives Royal Assent or the following day, or b by a provision in a Welsh subordinate instrument which does not come into force immediately on the instrument being made. 2 The power or duty may be exercised (and any instrument made under the power or duty may come into force) during the period— a beginning when the ... Act receives Royal Assent or the ... instrument is made, and b ending when the provision conferring the power or imposing the duty comes into force. 3 But during that period the power or duty may be exercised only so far as is necessary or expedient for the purpose of giving full effect to— a the ... Act or ... instrument conferring or imposing the power or duty, or b a provision in that Act or instrument, at or after the time when the Act, instrument or provision comes into force. 3A Subsection (3) does not apply to the exercise of a power or duty to make subordinate legislation unless the subordinate legislation is to come into force before the provision conferring the power or imposing the duty. 4 Where a provision in an Act of Senedd Cymru or a Welsh subordinate instrument which is not in force— a is incidental or supplementary to a power or duty exercised in accordance with this section, and b comes into force other than by order or regulations, that provision is to be treated as being in force so far as is necessary for the exercise of the power or duty in accordance with this section. 5 The exercise of a power or duty in accordance with this section is subject to any conditions or limitations imposed by the ... Act or ... instrument conferring or imposing the power or duty (whether or not the provision imposing the condition or limitation is in force). 6 In subsection (1), the references to a provision in an Act of Senedd Cymru or a Welsh subordinate instrument include a provision that amends another enactment. 7 Where a provision in an Act of Senedd Cymru or a Welsh subordinate instrument confers or imposes a power or duty by amending another enactment, the references to an Act or instrument in subsections (3)(a) and (b), (4) and (5) include the other enactment as amended. Inclusion of sunset provisions and review provisions in subordinate legislation 17 1 A power or duty to make subordinate legislation conferred or imposed by an Act of Senedd Cymru may be exercised so that the subordinate legislation contains a review provision or a sunset provision (or both). 2 In this section— a “ review provision ” means a provision requiring the person who made the subordinate legislation to review the effectiveness of that legislation, or of any Welsh subordinate instrument it amends, within a specified period or at the end of a specified period; b “ sunset provision ” means a provision for the subordinate legislation, or any Welsh subordinate instrument it amends, to cease to have effect at the end of a specified day or specified period; c “ specified ” means specified in the subordinate legislation. 3 A review provision may, among other things, require a review of whether the objectives of the subordinate legislation to which it applies remain appropriate and, if so, whether they could be achieved in another way. 4 The subordinate legislation containing the review provision or sunset provision may provide that the provision applies generally or only in relation to specified provisions of subordinate legislation or specified cases or circumstances. 5 The power to make the review provision or sunset provision may be exercised to make supplementary, incidental, consequential, transitory, transitional or saving provision in connection with the review provision or sunset provision. Revoking, amending and re-enacting subordinate legislation 18 1 A power to make subordinate legislation conferred by an Act of Senedd Cymru may be exercised to amend, revoke or re-enact any subordinate legislation made under the power. 2 A duty to make subordinate legislation imposed by an Act of Senedd Cymru includes a power (exercisable in the same way and subject to the same conditions or limitations as the duty) which may be exercised to amend, revoke and replace, or re-enact any subordinate legislation made under the duty (or under the power provided by this subsection). Amendment of subordinate legislation by an Act of Senedd Cymru 19 The amendment or revocation of subordinate legislation by an Act of Senedd Cymru does not limit or otherwise affect the power or duty under which the subordinate legislation was made. Varying and withdrawing directions 20 1 A power to give directions conferred by an Act of Senedd Cymru or a Welsh subordinate instrument may be exercised to vary or withdraw any directions given under the power. 2 A duty to give directions imposed by an Act of Senedd Cymru or a Welsh subordinate instrument includes a power (exercisable in the same way and subject to the same conditions or limitations as the duty) to vary, or withdraw and replace, any directions given under the duty. References in Welsh legislation to legislation and other documents References to portions of enactments, instruments and documents 21 1 Where an Act of Senedd Cymru or a Welsh subordinate instrument— a describes or refers to a portion of any enactment, instrument or document, and b does so by referring to words, sections or other parts from or to which (or from and to which) the portion extends, the portion includes the words, sections or other parts referred to. 2 In subsection (1), “ enactment ” includes an enactment which is, or is contained in, any of the following— a an Act of the Scottish Parliament; b Northern Ireland legislation (within the meaning given by section 24(5) of the Interpretation Act 1978 (c. 30)); ba a Measure of the Church Assembly or of the General Synod of the Church of England; c an instrument made under legislation mentioned in paragraph (a) , (b) or (ba) . Edition of Act of Senedd Cymru or Assembly Measure referred to 22 1 This section applies where an Act of Senedd Cymru or a Welsh subordinate instrument refers to an Act of Senedd Cymru (including an Act of Senedd Cymru to which this Part does not apply) or an Assembly Measure. 2 The reference is a reference to the certified copy of the Act, or to the Measure as approved, which is published— a by the Queen's Printer, or b under the superintendence or authority of Her Majesty's Stationery Office. Edition of Act of the Parliament of the United Kingdom referred to 23 1 This section applies where an Act of Senedd Cymru or a Welsh subordinate instrument refers to an Act of the Parliament of the United Kingdom (whether by its short title or by year, statute, session or chapter). 2 The reference is a reference to the Act as enacted which is published— a by the Queen's Printer, or b under the superintendence or authority of Her Majesty's Stationery Office. 3 But— a where the reference is to an Act included in a revised edition of the statutes printed by authority, the reference is a reference to that edition; b where paragraph (a) does not apply and the reference is to an Act included in the edition prepared under the direction of the Record Commission, the reference is a reference to that edition. References to direct EU legislation retained in domestic law after EU exit 24 1 This section applies where— a an Act of Senedd Cymru receives Royal Assent, or a Welsh subordinate instrument is made, on or after implementation period completion day , and b the Act or instrument refers to any EU regulation, EU decision, EU tertiary legislation or provision of the EEA agreement that forms part of domestic law by virtue of section 3 of the European Union (Withdrawal) Act 2018 (c. 16) or section 1 of the Direct Payments to Farmers (Legislative Continuity) Act 2020 (c. 2) (incorporation of direct EU legislation). 2 The reference is a reference to the EU regulation, EU decision, EU tertiary legislation or provision of the EEA agreement as it forms part of domestic law (and not as it forms part of EU law). 2A But this is subject to section 25A (references to relevant separation agreement law). 3 In this section, the following expressions have the meanings given by section 20(1) of the European Union (Withdrawal) Act 2018— “domestic law”; “EU decision”; “EU regulation”; “EU tertiary legislation”. References to enactments are to enactments as amended 25 1 This section applies where— a an Act of Senedd Cymru or a Welsh subordinate instrument refers to an enactment (“A”), and b at any time (whether before, on or after the day on which the ... Act receives Royal Assent or the ... instrument is made) A is amended, extended or applied by an enactment (”B”). 2 The reference to A is a reference to A as amended, extended or applied by B. 3 Nothing in sections 22 to 24 limits the operation of this section. 4 In subsection (1), “ enactment ” includes an enactment which is, or is contained in, any of the following— a an Act of the Scottish Parliament; b Northern Ireland legislation (within the meaning given by section 24(5) of the Interpretation Act 1978 (c. 30)); ba a Measure of the Church Assembly or of the General Synod of the Church of England; c an instrument made under legislation mentioned in paragraph (a) , (b) or (ba) . References to relevant separation agreement law 25A 1 This section applies where— a an Act of Senedd Cymru receives Royal Assent, or a Welsh subordinate instrument is made, on or after implementation period completion day, and b the Act or instrument refers to any treaty relating to the EU, or any instrument or other document of any EU entity, which has effect by virtue of section 7A or 7B of the European Union (Withdrawal) Act 2018 (c. 16) (general implementation of remainder of EU withdrawal agreement etc.). 2 The reference is, so far as required for the purposes of relevant separation agreement law, a reference to the treaty, instrument or document as it has effect by virtue of that section (including, so far as required, as it has effect from time to time). 3 In this section— “EU entity” (“ endid o’r UE ”) has the meaning given by section 20(1) of the European Union (Withdrawal) Act 2018; “relevant separation agreement law” (“ cyfraith berthnasol y cytundebau gwahanu ”) has the meaning given by section 7C(3) of the European Union (Withdrawal) Act 2018; “treaty” (“ cytuniad ”) includes any international agreement (and any protocol or annex to a treaty or international agreement). References to certain EU instruments 26 1 This section applies where— a an Act of Senedd Cymru or a Welsh subordinate instrument refers to an EU instrument (“A”), and b before the day on which the ... Act receives Royal Assent or the ... instrument is made, A has been amended, extended or applied by another EU instrument (“B”). 2 The reference to A is a reference to A as amended, extended or applied by B. 3 See also paragraph 2A of Schedule 8 to the European Union (Withdrawal) Act 2018 (c.16) ... . Duplication of criminal offences Duplicated offences 27 1 Where an act or omission is an offence under an Act of Senedd Cymru or Welsh subordinate instrument (“A”) and is also an offence— a under an Act of Senedd Cymru or Welsh subordinate instrument other than A, b at common law, or c under an Act of Senedd Cymru or Welsh subordinate instrument other than A and at common law, a person is liable to be prosecuted and punished under either or any of those Acts or instruments or at common law, but cannot be punished more than once for the same offence. 2 Subsection (1) does not apply if the act or omission is also an offence under any legislation to which section 18 of the Interpretation Act 1978 (c. 30) applies (but that section makes corresponding provision in relation to such an act or omission). Application to the Crown Application of Welsh legislation to the Crown 28 1 An Act of Senedd Cymru binds the Crown. 2 A Welsh subordinate instrument binds the Crown so far as it is made under an enactment which binds the Crown or confers a power to make provision binding the Crown. 3 An Act of Senedd Cymru or a Welsh subordinate instrument does not make the Crown criminally liable, but it applies to persons in the service of the Crown as it applies to other persons. Coming into force of legislation Time when Welsh legislation comes into force 29 Where— a an Act of Senedd Cymru or a Welsh subordinate instrument, or b a provision in an Act of Senedd Cymru or a Welsh subordinate instrument, comes into force on a day provided for in an enactment, the Act, instrument or provision comes into force at the beginning of that day. Day on which an Act of Senedd Cymru comes into force 30 Where the coming into force of an Act of Senedd Cymru , or of a provision in an Act of Senedd Cymru , is not provided for in an enactment, the Act or provision comes into force at the beginning of the day after the day on which the Act receives Royal Assent. Orders and regulations bringing Acts of Senedd Cymru into force 31 Where an Act of Senedd Cymru provides for an order or regulations to appoint— a the day on which the Act comes into force, or b the day on which a provision in the Act comes into force, the order or regulations may appoint different days for different purposes. Amendment, repeal and revocation of legislation Amendments made to or by Welsh legislation 32 1 Where an enactment amends an Act of Senedd Cymru or a Welsh subordinate instrument by inserting or substituting words or other material, the words or material have effect as part of that Act or instrument. 2 Where an Act of Senedd Cymru or a Welsh subordinate instrument amends an enactment by inserting or substituting words or other material, the words or material have effect as part of that enactment. 3 See also section 23ZA of the Interpretation Act 1978 (c. 30) for provision about the application of that Act to assimilated direct legislation that is amended by an Act of Senedd Cymru or a Welsh subordinate instrument (or by certain other legislation). Repeals and revocations do not revive law previously repealed, revoked or abolished 33 Where— a an Act of Senedd Cymru or a Welsh subordinate instrument repeals or revokes an enactment (“A”), and b A previously repealed or revoked any other enactment (“B”) or abolished any other rule of law (“C”), the repeal or revocation of A does not revive B or C. General savings in connection with repeals and revocations 34 1 This section applies where an Act of Senedd Cymru or a Welsh subordinate instrument repeals or revokes an enactment. 2 The repeal or revocation does not— a revive anything that is not in force or existing at the time when the repeal or revocation takes effect; b affect the previous operation of the enactment or anything done or suffered under the enactment. 3 The repeal or revocation also does not affect— a any right, privilege, obligation or liability acquired, accrued or incurred under the enactment; b any penalty, forfeiture or punishment incurred in respect of any offence committed under the enactment; c any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment, and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed, as if the repeal or revocation had not occurred. Effect of re-enactment 35 1 This section applies where an enactment (“A”) is— a repealed or revoked by an Act of Senedd Cymru or a Welsh subordinate instrument, and b re-enacted (with or without modification) by an enactment (“B”) which is, or is contained in, an Act of Senedd Cymru or a Welsh subordinate instrument. 2 A reference to A in any enactment, instrument or document is to be read as (or as including) a reference to B. 3 So far as any subordinate legislation made under A or having effect as if it were made under A could have been made under B, it is to have effect as if made under B. 4 So far as anything done or having effect as if it were done under A could have been done under B, it is to have effect as if done under B. 5 Subsection (3) does not cause section 28 to have effect in relation to any subordinate legislation where it did not previously have effect. Referring to an Act of Senedd Cymru or Welsh subordinate instrument after repeal or revocation 36 1 An Act of Senedd Cymru may continue to be referred to by the short title conferred on it by an enactment despite the repeal of that enactment. 2 A Welsh subordinate instrument may continue be referred to by its title despite the revocation of the instrument. Interpretation of provisions about amendment, repeal and revocation in this Part 37 1 In this Part, references to repealing or revoking an enactment or abolishing a rule of law include— a substituting anything for the enactment or rule (or for any part of it); b limiting the application or effect of the enactment or rule; c providing for the enactment or rule to cease to have effect. 2 For the purposes of sections 34 to 36 (but not section 33)— a the expiry of a temporary Act of Senedd Cymru is to be treated as a repeal of the Act by an Act of Senedd Cymru or a Welsh subordinate instrument; b the expiry of a temporary Welsh subordinate instrument is to be treated as a revocation of the instrument by an Act of Senedd Cymru or a Welsh subordinate instrument. 3 In sections 32 to 35, and in subsection (1) as it applies for the purposes of those sections, “enactment includes an enactment that is, or is contained in, a Measure of the Church Assembly or of the General Synod of the Church of England or an instrument made under such a Measure. PART 3 MISCELLANEOUS Power to replace descriptions of dates and times in Welsh legislation 38 1 Where a provision in any legislation to which this section applies describes a date or time by reference to the coming into force of an enactment or the occurrence of any other event, the Welsh Ministers may by regulations amend the provision so that it refers to the actual date or time (once known). 2 Regulations under subsection (1) may also— a amend the legislation to include an explanation of the date or time they insert; b make consequential provision which amends, repeals or revokes any enactment. 3 This section applies to the following legislation (whenever enacted or made)— a Acts of Senedd Cymru and Assembly Measures; b subordinate legislation made under Acts of Senedd Cymru and Assembly Measures; c any other subordinate legislation made by the Welsh Ministers or the National Assembly for Wales established by the Government of Wales Act 1998 (c. 38) that applies only in relation to Wales; d any other enactment, so far as it is amended by legislation mentioned in paragraph (a), (b) or (c). Power to make subordinate legislation in different forms 39 1 Where the Welsh Ministers have a power or duty to make subordinate legislation in the form of regulations, rules or an order made by statutory instrument, they may exercise the power or duty by making the subordinate legislation in any other of those forms by statutory instrument. 2 This does not affect the procedure for making a statutory instrument containing the subordinate legislation. 3 A reference in any enactment, instrument or document to regulations, rules or an order made under the power or duty includes subordinate legislation made under it in any other form in reliance on subsection (1). 4 Subsection (1) does not apply to subordinate legislation that— a is made under an Act of the Parliament of the United Kingdom or assimilated direct legislation, and b applies otherwise than in relation to Wales. Combining subordinate legislation subject to different Senedd procedures 40 1 Where the Welsh Ministers make, or propose to make, a statutory instrument that would otherwise be subject to two or more different Senedd procedures as a result of the subordinate legislation that it contains, whichever of those Senedd procedures is mentioned first in subsection (2) applies to the instrument (and none of the other Senedd procedures apply). 2 In this section, “ Senedd procedure ” means a procedure which has the effect that— a a statutory instrument (or the subordinate legislation that it contains) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, Senedd Cymru , b a statutory instrument must be laid before Senedd Cymru after being made and must be approved by resolution of Senedd Cymru in order for the subordinate legislation that it contains to come into force or continue in force, c a statutory instrument is subject to annulment in pursuance a resolution of Senedd Cymru , d a statutory instrument must be laid before Senedd Cymru after being made, or e a statutory instrument is not required to be laid before Senedd Cymru at any time. 3 The fact that the Welsh Ministers have made subordinate legislation in a statutory instrument to which subsection (1) applies does not— a prevent them making further subordinate legislation in a statutory instrument to which that subsection does not apply, or b affect the Senedd procedure that applies to such an instrument. 4 Subsection (1) does not apply to a statutory instrument containing any subordinate legislation that— a is made by the Welsh Ministers under an Act of the Parliament of the United Kingdom or assimilated direct legislation, and b applies otherwise than in relation to Wales. Application of this Part in relation to the Welsh zone 40A In relation to subordinate legislation that relates to fishing, fisheries or fish health, references in this Part to Wales include the area of the Welsh zone beyond the seaward limits of the territorial sea. PART 4 GENERAL Consequential amendments and repeals 41 Schedule 2 contains consequential amendments and repeals. Power to make additional provision to give full effect to this Act 42 1 If the Welsh Ministers consider it necessary or expedient for the purpose of giving full effect to any provision in this Act, or in consequence of any such provision, they may by regulations make— a supplementary, incidental or consequential provision; b transitory, transitional or saving provision. 2 Regulations under subsection (1) may amend, repeal, revoke or otherwise modify any enactment (including a provision in this Act). Regulations made under this Act 43 1 A power to make regulations under this Act— a is exercisable by statutory instrument; b includes power to make different provision for different purposes. 2 A statutory instrument containing any of the following may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, Senedd Cymru — a regulations under section 6(2); b regulations under section 42(1) which amend, repeal or otherwise modify any provision in an Act of Senedd Cymru , an Assembly Measure or an Act of the Parliament of the United Kingdom. 3 Any other statutory instrument containing regulations made under section 42(1) is subject to annulment in pursuance of a resolution of Senedd Cymru . Coming into force of this Act 44 1 The following provisions come into force on the day after the day on which this Act receives Royal Assent— a Part 1; b section 6(2) and (3); c the other provisions in Part 2, so far as they apply to this Act; d Part 3; e this Part. 2 So far as it is not brought into force by subsection (1), Part 2 comes into force on a day appointed by an order made by the Welsh Ministers. 3 An order under subsection (2)— a must be made by statutory instrument; b may include transitory, transitional or saving provision. Short title 45 The short title of this Act is the Legislation (Wales) Act 2019. SCHEDULE 1 DEFINITIONS OF WORDS AND EXPRESSIONS (Introduced by section 6) TABLE ... ... Act of the Parliament of the United Kingdom ( Deddf gan Senedd y Deyrnas Unedig ) “ Act of the Parliament of the United Kingdom ” includes an Act of the Parliament of Great Britain or of the Parliament of England Act of Senedd Cymru ( Deddf gan Senedd Cymru ) “ Act of Senedd Cymru ” means an Act enacted under Part 4 of the Government of Wales Act 2006 (c. 32) (whether as an Act of Senedd Cymru or an Act of the National Assembly for Wales) Assembly Measure ( Mesur Cynulliad ) “ Assembly Measure ” means a Measure of the National Assembly for Wales, enacted under Part 3 of the Government of Wales Act 2006 (which ceased to have effect by virtue of section 106 of that Act, subject to the saving which is continued by paragraph 5 of Schedule 7 to the Wales Act 2017 (c. 4)) assimilated direct legislation ( deddfwriaeth uniongyrchol a gymathwyd ), assimilated direct minor legislation ( mân ddeddfwriaeth uniongyrchol a gymathwyd ), and assimilated direct principal legislation ( prif ddeddfwriaeth uniongyrchol a gymathwyd ) “assimilated direct legislation”, “assimilated direct minor legislation” and “assimilated direct principal legislation” have the meaning given by section 20(1) of the European Union (Withdrawal) Act 2018 (c. 16) (see also paragraph 7 of Schedule 1 to the Direct Payments to Farmers (Legislative Continuity) Act 2020 (c. 2) and section 5 of the Retained EU Law (Revocation and Reform) Act 2023) assimilated law ( cyfraith a gymathwyd ) “ assimilated law ” has the meaning given by section 6(7) of the European Union (Withdrawal) Act 2018 (c. 16) (see also paragraph 7 of Schedule 1 to the Direct Payments to Farmers (Legislative Continuity) Act 2020 (c. 2) and section 5 of the Retained EU Law (Revocation and Reform) Act 2023) assimilated obligation ( rhwymedigaeth a gymathwyd ) “ assimilated obligation ” means an obligation that— was created or arose by or under the EU Treaties before implementation period completion day, and forms part of assimilated law, as modified from time to time Bank of England ( Banc Lloegr ) “ Bank of England ” means, as the context requires— the Governor and Company of the Bank of England, or the bank of the Governor and Company of the Bank of England Charity Commission ( Comisiwn Elusennau ) “ Charity Commission ” means the Charity Commission for England and Wales, continued in existence by section 13 of the Charities Act 2011 (c. 25) Counsel General ( Cwnsler Cyffredinol ) “ Counsel General ” means the Counsel General to the Welsh Government, appointed under section 49 of the Government of Wales Act 2006 (c. 32) county court ( llys sirol ) “ county court ” means the county court in England and Wales, established by section A1 of the County Courts Act 1984 (c. 28) Court of Appeal ( Llys Apêl ) “ Court of Appeal ” means Her Majesty's Court of Appeal in England and Wales Court of Protection ( Llys Gwarchod ) “ Court of Protection ” means the Court of Protection established by section 45 of the Mental Capacity Act 2005 (c. 9) Crown Court ( Llys y Goron ) “ Crown Court ” means the Crown Court in England and Wales, originally established by section 4 of the Courts Act 1971 (c. 23) (which was repealed by the Senior Courts Act 1981 (c. 54)) EEA agreement ( cytundeb yr AEE ) “ EEA agreement ” means the agreement on the European Economic Area signed at Oporto on 2 May 1992, together with the Protocol adjusting that Agreement signed at Brussels on 17 March 1993, as modified or supplemented from time to time; but in relation to a time on or after implementation period completion day does not include any assimilated direct legislation EEA state ( gwladwriaeth AEE ) “ EEA state ”, in relation to any time, means— a state which at that time is a member State, or any other state which at that time is a party to the EEA agreement enactment ( deddfiad ) “ enactment ” means any of the following or a provision of any of the following— an Act of Senedd Cymru , an Assembly Measure, an Act of the Parliament of the United Kingdom, any assimilated direct legislation, or any subordinate legislation England ( Lloegr ) “ England ” has the meaning given by Schedule 1 to the Interpretation Act 1978 (c. 30) Equality and Human Rights Commission ( Comisiwn Cydraddoldeb a Hawliau Dynol ) “Equality and Human Rights Commission” means the Commission for Equality and Human Rights established by section 1 of the Equality Act 2006 (c. 3) the EU ( yr UE ) or the European Union ( yr Undeb Ewropeaidd ) “the EU” or “ the European Union ” means the Union established by the Treaty on European Union signed at Maastricht on 7 February 1992, as amended by any later Treaty; and includes, so far as the context permits or requires, the European Atomic Energy Community EU institution ( sefydliad UE ) “ EU institution ” means any institution of the European Union EU instrument ( offeryn UE ) “ EU instrument ” means any instrument issued by an EU institution, but in relation to a time on or after implementation period completion day does not include any assimilated direct legislation European Court ( Llys Ewropeaidd ) “ European Court ” means the Court of Justice of the European Union EU withdrawal agreement ( cytundeb ymadael â'r UE ) “ EU withdrawal agreement ” means the withdrawal agreement within the meaning of the European Union (Withdrawal Agreement) Act 2020 (c. 1) (see section 39(1) and (6) of that Act) exit day ( diwrnod ymadael ) “exit day” and related expressions are to be interpreted in accordance with section 20(1) to (5) of the European Union (Withdrawal) Act 2018 (c. 16) family court ( llys teulu ) “ family court ” means the family court in England and Wales, established by section 31A of the Matrimonial and Family Proceedings Act 1984 (c. 42) financial year ( blwyddyn ariannol ) “ financial year ” means a year ending with 31 March First Minister ( Prif Weinidog ) “ First Minister ” means the First Minister for Wales, appointed under section 46(1) of the Government of Wales Act 2006 (c. 32) (and see section 45(2) of that Act, which provides that references to the Welsh Ministers include the First Minister) Her Majesty's Revenue and Customs ( Cyllid a Thollau Ei Mawrhydi ) “ Her Majesty's Revenue and Customs ” has the meaning given by section 4 of the Commissioners for Revenue and Customs Act 2005 (c. 11) (and see sections 3(5) and 11(4) of the Borders, Citizenship and Immigration Act 2009 (c. 11), which provide for references to Her Majesty's Revenue and Customs to include certain officials designated under that Act) High Court ( Uchel Lys ) “ High Court ” means Her Majesty's High Court of Justice in England and Wales implementation period completion day ( diwrnod cwblhau'r cyfnod gweithredu ) “ implementation period completion day ” means “IP completion day” within the meaning of the European Union (Withdrawal Agreement) Act 2020 (c. 1), and related expressions are to be interpreted accordingly (see section 39(1) to (5) of that Act) indictable offence ( trosedd dditiadwy ) “indictable offence”means— an offence which, if committed by an adult, is triable only on indictment, or an offence triable either way land ( tir ) “ land ” includes buildings and other structures, land covered with water, and any estate, interest, easement, servitude or right in or over land Local Health Board ( Bwrdd Iechyd Lleol ) “ Local Health Board ” means a Local Health Board established under section 11 of the National Health Service (Wales) Act 2006 (c. 42) Lord Chancellor ( Arglwydd Ganghellor ) “ Lord Chancellor ” means the Lord High Chancellor of Great Britain magistrates' court ( llys ynadon ) “magistrates' court” means a magistrates' court, within the meaning given by section 148 of the Magistrates' Courts Act 1980 (c. 43), in England and Wales Member of the Senedd ( Aelod o'r Senedd ) “Member of the Senedd” is to be interpreted in accordance with section 1(2A) of the Government of Wales Act 2006 (c. 32) member State ( Aelod-wladwriaeth ) “ member State ” means a State which is a member of the European Union Minister of the Crown ( Gweinidog y Goron ) “ Minister of the Crown ” means the holder of an office in Her Majesty's Government in the United Kingdom, and includes the Treasury month ( mis ) “ month ” means a calendar month ... ... ... ... National Trust ( Ymddiriedolaeth Genedlaethol ) “National Trust” means the National Trust for Places of Historic Interest or Natural Beauty incorporated by the National Trust Act 1907 (c. cxxxvi) Natural Resources Wales ( Cyfoeth Naturiol Cymru ) “ Natural Resources Wales ” means the Natural Resources Body for Wales, established by article 3 of the Natural Resources Body for Wales (Establishment) Order 2012 (S.I. 2012/1903 (W. 230)) oath ( llw ), affidavit ( affidafid ), and swear ( tyngu llw ) “oath” and “affidavit” include affirmation and declaration; and “ swear ” includes affirm and declare offence triable either way ( trosedd neillffordd ) “ offence triable either way ” means an offence which, if committed by an adult, is triable either on indictment or summarily— not including an offence which may be tried on indictment by virtue only of section 40 of the Criminal Justice Act 1988 (c. 33), and ignoring section 22 of the Magistrates' Courts Act 1980 (c. 43) (which requires certain offences triable either way to be tried summarily if the value involved is small) person ( person ) “ person ” includes a body of persons corporate or unincorporated Public Accounts Committee ( Pwyllgor Cyfrifon Cyhoeddus ) “Public Accounts Committee” means the committee of Senedd Cymru established in accordance with section 30 of the Government of Wales Act 2006 (c. 32) (and referred to in that section as the “Audit Committee”) the Privy Council ( y Cyfrin Gyngor ) “ the Privy Council ” means the Lords and others of Her Majesty's Most Honourable Privy Council . . . . . . . . . . . . . . . . . . . . . . . . . . . rules of court ( rheolau llys ) “ rules of court ”, in relation to any court, means rules made by the authority having power to make rules or orders regulating the practice and procedure of that court Secretary of State ( Ysgrifennydd Gwladol ) “ Secretary of State ” means one of Her Majesty's Principal Secretaries of State Senedd Commission ( Comisiwn y Senedd ) “ Senedd Commission ” means the Commission established by section 27 of the Government of Wales Act 2006 (c. 32) (and originally known as the National Assembly for Wales Commission) Senedd Cymru ( Senedd Cymru ) “ Senedd Cymru ” means the parliament for Wales established by section 1 of the Government of Wales Act 2006 (c. 32) (and originally known as the National Assembly for Wales) Senior Courts ( Uwchlysoedd ) “ Senior Courts ” means the Senior Courts of England and Wales (see section 1 of the Senior Courts Act 1981 (c. 54)) Sentencing Code ( Cod Dedfrydu ) “Sentencing Code” means the code contained in the Sentencing Act 2020 (c. 17) (see section 1 of that Act) standard scale ( graddfa safonol ) “ standard scale ”, in relation to a fine or penalty for a summary offence, has the meaning given — in the case of an offence of which the offender is convicted on or after 1 December 2020, by section 122 of the Sentencing Code; in the case of an offence of which the offender was convicted before that date, by section 37 of the Criminal Justice Act 1982 (c. 48) statutory declaration ( datganiad statudol ) “ statutory declaration ” means a declaration made by virtue of the Statutory Declarations Act 1835 (c. 62) subordinate legislation ( is-ddeddfwriaeth ) “ subordinate legislation ” means regulations, orders, rules, Orders in Council, schemes, warrants, byelaws and other instruments made under— an Act of Senedd Cymru , an Assembly Measure, an Act of the Parliament of the United Kingdom, or assimilated direct legislation summary offence ( trosedd ddiannod ) “ summary offence ” means an offence which, if committed by an adult, is triable only summarily— not including an offence which is treated as if it were triable only summarily by virtue of section 22 of the Magistrates' Courts Act 1980 (c. 43), and ignoring section 40 of the Criminal Justice Act 1988 (c. 33) (which provides for cases in which a count charging a person with a summary offence may be included in an indictment) Supreme Court ( Goruchaf Lys ) “ Supreme Court ” means the Supreme Court of the United Kingdom, established by section 23 of the Constitutional Reform Act 2005 (c. 4) the Treasury ( y Trysorlys ) “ the Treasury ” means the Commissioners of Her Majesty's Treasury the Treaties ( y Cytuniadau ) or the EU Treaties ( Cytuniadau'r UE ) “the Treaties” or “the EU Treaties”— in relation to a time before implementation period completion day, has the meaning given by the European Communities Act 1972 (c. 68) as it has effect by virtue of section 1A of the European Union (Withdrawal) Act 2018; in relation to a time on or after implementation period completion day, has the meaning given by the European Communities Act 1972 as it had effect immediately before implementation period completion day, and refers to the Treaties or the EU Treaties as they were immediately before implementation period completion day. United Kingdom ( y Deyrnas Unedig ) “ United Kingdom ” means Great Britain and Northern Ireland Wales ( Cymru ) “ Wales ” means— the combined area of the counties and county boroughs in Wales (see Parts 1 and 2 of Schedule 4 to the Local Government Act 1972 (c. 70)), together with the sea adjacent to Wales within the seaward limits of the territorial sea, and the question of which parts of the sea are adjacent to Wales is to be determined in accordance with article 6 of the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) Welsh Government ( Llywodraeth Cymru ) “Welsh Government” is to be interpreted in accordance with section 45(1) of the Government of Wales Act 2006 (c. 32) the Welsh Ministers ( Gweinidogion Cymru ) “the Welsh Ministers” is to be interpreted in accordance with section 45(2) of the Government of Wales Act 2006 (c. 32) (which provides that references to the Welsh Ministers are to the First Minister and the Welsh Ministers appointed under section 48 of that Act) Welsh Revenue Authority ( Awdurdod Cyllid Cymru ) “ Welsh Revenue Authority ” means the authority established by section 2 of the Tax Collection and Management (Wales) Act 2016 (anaw 6) Welsh tribunal ( tribiwnlys Cymreig ) “ Welsh tribunal ” has the meaning given by section 59(1) of the Wales Act 2017 (c. 4) Welsh zone ( parth Cymru ) “Welsh zone” has the meaning given by section 158 of the Government of Wales Act 2006 (c. 32) (and see article 3 of the Welsh Zone (Boundaries and Transfer of Functions) Order 2010 ( S.I. 2010/760 ), which makes provision about the limits of the zone) working day ( diwrnod gwaith ) “ working day ” means any day which is not Saturday, Sunday, Christmas Day, Good Friday or a day which is a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971 (c. 80) writing ( ysgrifennu ) “ writing ” includes typing, printing, lithography, photography and other modes of representing or reproducing words in a visible form SCHEDULE 2 CONSEQUENTIAL AMENDMENTS AND REPEALS (Introduced by section 41) Interpretation Act 1978 (c. 30) 1 For section 23B of the Interpretation Act 1978 (application of Act to Measures and Acts of the National Assembly for Wales etc.) substitute— Application of this Act to Welsh legislation 23B 1 The provisions of this Act, except sections 1 to 3, apply to the following as they apply to an Act— a a Measure of the National Assembly for Wales, and b an Act of the National Assembly for Wales, other than the Legislation (Wales) Act 2019, which receives Royal Assent before the day on which Part 2 of that Act (interpretation and operation of Welsh legislation) comes fully into force. 2 The provisions of this Act apply to an instrument— a made under a Measure or Act of the National Assembly for Wales, and b made before the day on which Part 2 of the Legislation (Wales) Act 2019 comes fully into force, as they apply to other subordinate legislation. 3 The provisions of this Act apply to an instrument made under an Act of Parliament or retained direct EU legislation, and made by the Welsh Ministers or any other devolved Welsh authority, only if— a the instrument is made before the day on which Part 2 of the Legislation (Wales) Act 2019 comes fully into force, b the instrument is made (at any time) with any other person who is not a devolved Welsh authority, or c the instrument contains any provision that applies otherwise than in relation to Wales. 4 Nothing in subsection (2) or (3) limits the operation of sections 12 to 14A in relation to a power or duty to make an instrument to which Part 2 of the Legislation (Wales) Act 2019 applies, but section 11 does not apply in relation to such an instrument. 5 In the application of this Act to a Measure or Act of the National Assembly for Wales, references to the passing of an Act or an enactment are to be read as references to the enactment of the Measure or Act. 6 In this section, “ devolved Welsh authority ” and “ Wales ” have the same meanings as in the Government of Wales Act 2006 (see sections 157A and 158 of that Act). Interpretation of this Act in relation to Welsh legislation 23C 1 In this Act, references to an enactment include an enactment comprised in— a a Measure of the National Assembly for Wales, b an Act of the National Assembly for Wales (whenever the Act receives Royal Assent), c an instrument made under such an Act or Measure (whenever the instrument is made), or d an instrument made under an Act of Parliament or retained direct EU legislation, and made by the Welsh Ministers or any other devolved Welsh authority (whenever the instrument is made, and whether or not it is made with any other person), but the reference in section 16(2) to a temporary enactment does not include an enactment comprised in legislation to which Part 2 of the Legislation (Wales) Act 2019 applies (see section 3(1) of that Act). 2 In section 17(2)(b), the reference to subordinate legislation includes an instrument to which Part 2 of the Legislation (Wales) Act 2019 applies. 3 In section 18, the reference to an act or omission which constitutes an offence under two or more Acts includes an act or omission which constitutes an offence under— a any legislation to which that section applies, and b any legislation to which Part 2 of the Legislation (Wales) Act 2019 applies, and the reference to “those Acts” is to be read accordingly. 4 In section 19(1), references to “another Act” include— a a Measure of the National Assembly for Wales, and b an Act of the National Assembly for Wales (whenever the Act receives Royal Assent), and the reference in paragraph (c) to “Acts” is to be read accordingly. Government of Wales Act 2006 (c. 32) 2 1 The Government of Wales Act 2006 is amended as follows. 2 In section 156 (English and Welsh texts of legislation)— a after subsection (1) insert— 1A Subsection (1) does not apply to any legislation to which Part 2 of the Legislation (Wales) Act 2019 applies (but section 5 of that Act makes corresponding provision in relation to legislation to which that Part applies). ; b omit subsections (2) to (5). 3 In Schedule 7B, in paragraph 7(2)(e), omit sub-paragraph (ii). 4 In Schedule 10, omit paragraph 11. Waste (Wales) Measure 2010 (nawm 8) 3 1 The Waste (Wales) Measure 2010 is amended as follows. 2 In section 19, omit subsections (3) and (4). 3 In section 20, omit subsections (4) and (5). S. 3 in force for specified purposes at 11.9.2019, see s. 44(1)(c) S. 4 in force for specified purposes at 11.9.2019, see s. 44(1)(c) S. 5 in force for specified purposes at 11.9.2019, see s. 44(1)(c) S. 6(1) in force for specified purposes and s. 6(2)(3) in force at 11.9.2019, see s. 44(1)(b)(c) S. 7 in force for specified purposes at 11.9.2019, see s. 44(1)(c) S. 8 in force for specified purposes at 11.9.2019, see s. 44(1)(c) S. 9 in force for specified purposes at 11.9.2019, see s. 44(1)(c) S. 10 in force for specified purposes at 11.9.2019, see s. 44(1)(c) S. 11 in force for specified purposes at 11.9.2019, see s. 44(1)(c) S. 12 in force for specified purposes at 11.9.2019, see s. 44(1)(c) S. 13 in force for specified purposes at 11.9.2019, see s. 44(1)(c) S. 14 in force for specified purposes at 11.9.2019, see s. 44(1)(c) S. 15 in force for specified purposes at 11.9.2019, see s. 44(1)(c) S. 16 in force for specified purposes at 11.9.2019, see s. 44(1)(c) S. 17 in force for specified purposes at 11.9.2019, see s. 44(1)(c) S. 18 in force for specified purposes at 11.9.2019, see s. 44(1)(c) S. 19 in force for specified purposes at 11.9.2019, see s. 44(1)(c) S. 20 in force for specified purposes at 11.9.2019, see s. 44(1)(c) S. 21 in force for specified purposes at 11.9.2019, see s. 44(1)(c) S. 22 in force for specified purposes at 11.9.2019, see s. 44(1)(c) S. 23 in force for specified purposes at 11.9.2019, see s. 44(1)(c) S. 24 in force for specified purposes at 11.9.2019, see s. 44(1)(c) S. 25 in force for specified purposes at 11.9.2019, see s. 44(1)(c) S. 26 in force for specified purposes at 11.9.2019, see s. 44(1)(c) S. 27 in force for specified purposes at 11.9.2019, see s. 44(1)(c) S. 28 in force for specified purposes at 11.9.2019, see s. 44(1)(c) S. 29 in force for specified purposes at 11.9.2019, see s. 44(1)(c) S. 30 in force for specified purposes at 11.9.2019, see s. 44(1)(c) S. 31 in force for specified purposes at 11.9.2019, see s. 44(1)(c) S. 32 in force for specified purposes at 11.9.2019, see s. 44(1)(c) S. 33 in force for specified purposes at 11.9.2019, see s. 44(1)(c) S. 34 in force for specified purposes at 11.9.2019, see s. 44(1)(c) S. 35 in force for specified purposes at 11.9.2019, see s. 44(1)(c) S. 36 in force for specified purposes at 11.9.2019, see s. 44(1)(c) S. 37 in force for specified purposes at 11.9.2019, see s. 44(1)(c) Sch. 1 in force for specified purposes at 11.9.2019, see s. 44(1)(c) Words in Sch. 1 Table substituted (31.1.2020) by European Union (Withdrawal Agreement) Act 2020 (c. 1) , s. 42(7) , Sch. 5 para. 62(b) (with s. 38(3) ); S.I. 2020/75 , reg. 4(n)(xxviii) Words in s. 40(2)(b) substituted (6.5.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1) , s. 42(2) , Sch. 1 para. 5(5)(b)(iii) Words in s. 2(2) substituted (6.5.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1) , s. 42(2) , Sch. 1 para. 5(2)(a) S. 6(1) in force at 1.1.2020 in so far as not already in force by S.I. 2019/1333 , art. 2 Word in s. 40(2) substituted (6.5.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1) , s. 42(2) , Sch. 1 para. 5(5)(b)(i) Word in s. 25(1)(b) omitted (6.5.2020) by virtue of Senedd and Elections (Wales) Act 2020 (anaw 1) , s. 42(2) , Sch. 1 para. 5(3)(a) (4)(c) S. 22 in force at 1.1.2020 in so far as not already in force by S.I. 2019/1333 , art. 2 S. 24 in force at 1.1.2020 in so far as not already in force by S.I. 2019/1333 , art. 2 Words in Sch. 1 Table omitted (1.1.2024) by virtue of Retained EU Law (Revocation and Reform) Act 2023 (c. 28) , s. 22(3) , Sch. 2 para. 9(6)(b)(iii) (with s. 22(6) ); S.I. 2023/1363 , reg. 3(e) Words in s. 39(4)(a) substituted (1.1.2024) by Retained EU Law (Revocation and Reform) Act 2023 (c. 28) , s. 22(3) , Sch. 2 para. 9(4)(b) (with s. 22(6) ); S.I. 2023/1363 , reg. 3(e) Words in Sch. 1 Table inserted (1.1.2024) by Retained EU Law (Revocation and Reform) Act 2023 (c. 28) , s. 22(3) , Sch. 2 para. 9(6)(b)(i) (with s. 22(6) ); S.I. 2023/1363 , reg. 3(e) Words in s. 2(6) substituted (6.5.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1) , s. 42(2) , Sch. 1 para. 5(2)(b) Words in s. 26(3) substituted (31.12.2020) by The European Union Withdrawal (Consequential Modifications) (EU Exit) Regulations 2020 (S.I. 2020/1447) , regs. 1(3) , 8(4)(a)(ii) S. 3(4) inserted (23.1.2021) by Fisheries Act 2020 (c. 22) , ss. 46(6)(a) , 54(2) (with Sch. 4 para. 31 ) S. 30 in force at 1.1.2020 in so far as not already in force by S.I. 2019/1333 , art. 2 S. 4 in force at 1.1.2020 in so far as not already in force by S.I. 2019/1333 , art. 2 Words in s. 43(3) substituted (6.5.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1) , s. 42(2) , Sch. 1 para. 5(6) Words in s. 24(1)(a) substituted (31.1.2020) by European Union (Withdrawal Agreement) Act 2020 (c. 1) , s. 42(7) , Sch. 5 para. 59(b) (with s. 38(3) ); S.I. 2020/75 , reg. 4(n)(xxviii) Words in s. 3(2)(b) substituted (1.1.2024) by Retained EU Law (Revocation and Reform) Act 2023 (c. 28) , s. 22(3) , Sch. 2 para. 9(2)(b) (with s. 22(6) ); S.I. 2023/1363 , reg. 3(e) Word in s. 40(3)(b) substituted (6.5.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1) , s. 42(2) , Sch. 1 para. 5(5)(c) Words in s. 40(2)(d) substituted (6.5.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1) , s. 42(2) , Sch. 1 para. 5(5)(b)(iv) Words in s. 16(3)(a) omitted (6.5.2020) by virtue of Senedd and Elections (Wales) Act 2020 (anaw 1) , s. 42(2) , Sch. 1 para. 5(3)(b) (4)(b) Words in Sch. 1 inserted (27.11.2020) by The Legislation (Wales) Act 2019 (Amendment of Schedule 1) Regulations 2020 (S.I. 2020/1356) , regs. 1(2) , 2(3) Word in s. 26 heading inserted (31.12.2020) by The European Union Withdrawal (Consequential Modifications) (EU Exit) Regulations 2020 (S.I. 2020/1447) , regs. 1(3) , 8(4)(a)(i) Sch. 1 in force at 1.1.2020 in so far as not already in force by S.I. 2019/1333 , art. 2 Words in s. 3(1)(b) substituted (11.10.2019) by The Legislation (Wales) Act 2019 (Commencement) Order 2019 (S.I. 2019/1333) , arts. 1(2) , 3(a) S. 14 in force at 1.1.2020 in so far as not already in force by S.I. 2019/1333 , art. 2 S. 40A inserted (23.1.2021) by Fisheries Act 2020 (c. 22) , ss. 46(7)(a) , 54(2) (with Sch. 4 para. 31 ) Words in s. 2(5) substituted (6.5.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1) , s. 42(2) , Sch. 1 para. 5(2)(b) S. 35 in force at 1.1.2020 in so far as not already in force by S.I. 2019/1333 , art. 2 S. 33 in force at 1.1.2020 in so far as not already in force by S.I. 2019/1333 , art. 2 Words in s. 16(2)(a) omitted (6.5.2020) by virtue of Senedd and Elections (Wales) Act 2020 (anaw 1) , s. 42(2) , Sch. 1 para. 5(3)(a) (4)(b) S. 23 in force at 1.1.2020 in so far as not already in force by S.I. 2019/1333 , art. 2 S. 3 in force at 1.1.2020 in so far as not already in force by S.I. 2019/1333 , art. 2 Words in s. 26(3) omitted (31.1.2020) by virtue of European Union (Withdrawal Agreement) Act 2020 (c. 1) , s. 42(7) , Sch. 5 para. 60(b) (with s. 38(3) ); S.I. 2020/75 , reg. 4(n)(xxviii) S. 26 in force at 1.1.2020 in so far as not already in force by S.I. 2019/1333 , art. 2 Words in s. 13(3) omitted (6.5.2020) by virtue of Senedd and Elections (Wales) Act 2020 (anaw 1) , s. 42(2) , Sch. 1 para. 5(3)(b) (4)(a) Words in s. 40(2)(e) substituted (6.5.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1) , s. 42(2) , Sch. 1 para. 5(5)(b)(iv) Word in s. 16(5) omitted (6.5.2020) by virtue of Senedd and Elections (Wales) Act 2020 (anaw 1) , s. 42(2) , Sch. 1 para. 5(3)(a) (4)(b) Words in Sch. 1 Table substituted (1.1.2024) by Retained EU Law (Revocation and Reform) Act 2023 (c. 28) , s. 22(3) , Sch. 2 para. 9(6)(b)(ii) (with s. 22(6) ); S.I. 2023/1363 , reg. 3(e) Word in s. 16(3)(a) omitted (6.5.2020) by virtue of Senedd and Elections (Wales) Act 2020 (anaw 1) , s. 42(2) , Sch. 1 para. 5(3)(a) (4)(b) S. 37 in force at 1.1.2020 in so far as not already in force by S.I. 2019/1333 , art. 2 S. 10 in force at 1.1.2020 in so far as not already in force by S.I. 2019/1333 , art. 2 Word in s. 40(1) substituted (6.5.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1) , s. 42(2) , Sch. 1 para. 5(5)(a) S. 18 in force at 1.1.2020 in so far as not already in force by S.I. 2019/1333 , art. 2 Words in s. 2(7) substituted (6.5.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1) , s. 42(2) , Sch. 1 para. 5(2)(b) S. 16 in force at 1.1.2020 in so far as not already in force by S.I. 2019/1333 , art. 2 Words in s. 16(5) omitted (6.5.2020) by virtue of Senedd and Elections (Wales) Act 2020 (anaw 1) , s. 42(2) , Sch. 1 para. 5(3)(a) (4)(b) Words in Sch. 1 Table inserted (31.1.2020) by European Union (Withdrawal Agreement) Act 2020 (c. 1) , s. 42(7) , Sch. 5 para. 62(d) (with s. 38(3) ); S.I. 2020/75 , reg. 4(n)(xxviii) S. 32 in force at 1.1.2020 in so far as not already in force by S.I. 2019/1333 , art. 2 Words in s. 24(1)(b) inserted (30.4.2020) by The Direct Payments to Farmers (Legislative Continuity) Act 2020 (Consequential Amendments) Regulations 2020 (S.I. 2020/463) , regs. 1(1) , 4(a) Words in s. 25(1)(b) omitted (6.5.2020) by virtue of Senedd and Elections (Wales) Act 2020 (anaw 1) , s. 42(2) , Sch. 1 para. 5(3)(b) (4)(c) S. 20 in force at 1.1.2020 in so far as not already in force by S.I. 2019/1333 , art. 2 Words in Sch. 1 Table inserted (31.1.2020) by European Union (Withdrawal Agreement) Act 2020 (c. 1) , s. 42(7) , Sch. 5 para. 62(c) (with s. 38(3) ); S.I. 2020/75 , reg. 4(n)(xxviii) S. 12 in force at 1.1.2020 in so far as not already in force by S.I. 2019/1333 , art. 2 Words in Sch. 1 inserted (27.11.2020) by The Legislation (Wales) Act 2019 (Amendment of Schedule 1) Regulations 2020 (S.I. 2020/1356) , regs. 1(2) , 2(2) Words in s. 43(2) substituted (6.5.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1) , s. 42(2) , Sch. 1 para. 5(6) S. 17 in force at 1.1.2020 in so far as not already in force by S.I. 2019/1333 , art. 2 S. 19 in force at 1.1.2020 in so far as not already in force by S.I. 2019/1333 , art. 2 S. 15 in force at 1.1.2020 in so far as not already in force by S.I. 2019/1333 , art. 2 Words in Sch. 1 Table omitted (6.5.2020) by virtue of Senedd and Elections (Wales) Act 2020 (anaw 1) , s. 42(2) , Sch. 1 para. 5(7)(a) S. 25 in force at 1.1.2020 in so far as not already in force by S.I. 2019/1333 , art. 2 S. 29 in force at 1.1.2020 in so far as not already in force by S.I. 2019/1333 , art. 2 Words in s. 1(3)(d) omitted (23.1.2021) by virtue of Fisheries Act 2020 (c. 22) , ss. 46(5)(a) , 54(2) (with Sch. 4 para. 31 ) S. 36 in force at 1.1.2020 in so far as not already in force by S.I. 2019/1333 , art. 2 Words in Act substituted (6.5.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1) , s. 42(2) , Sch. 1 para. 5(8) S. 27 in force at 1.1.2020 in so far as not already in force by S.I. 2019/1333 , art. 2 Words in s. 40(2)(a) substituted (6.5.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1) , s. 42(2) , Sch. 1 para. 5(5)(b)(ii) Word in s. 13(3) omitted (6.5.2020) by virtue of Senedd and Elections (Wales) Act 2020 (anaw 1) , s. 42(2) , Sch. 1 para. 5(3)(a) (4)(a) Words in s. 26(1)(b) omitted (6.5.2020) by virtue of Senedd and Elections (Wales) Act 2020 (anaw 1) , s. 42(2) , Sch. 1 para. 5(3)(b) (4)(d) S. 9 in force at 1.1.2020 in so far as not already in force by S.I. 2019/1333 , art. 2 S. 8 in force at 1.1.2020 in so far as not already in force by S.I. 2019/1333 , art. 2 S. 21 in force at 1.1.2020 in so far as not already in force by S.I. 2019/1333 , art. 2 Words in s. 40(4)(a) substituted (1.1.2024) by Retained EU Law (Revocation and Reform) Act 2023 (c. 28) , s. 22(3) , Sch. 2 para. 9(5)(b) (with s. 22(6) ); S.I. 2023/1363 , reg. 3(e) Words in Sch. 1 Table inserted (31.1.2020) by European Union (Withdrawal Agreement) Act 2020 (c. 1) , s. 42(7) , Sch. 5 para. 62(a) (with s. 38(3) ); S.I. 2020/75 , reg. 4(n)(xxviii) S. 28 in force at 1.1.2020 in so far as not already in force by S.I. 2019/1333 , art. 2 Words in Sch. 1 inserted (23.1.2021) by Fisheries Act 2020 (c. 22) , ss. 46(8)(a) , 54(2) (with Sch. 4 para. 31 ) Word in s. 16(2)(a) omitted (6.5.2020) by virtue of Senedd and Elections (Wales) Act 2020 (anaw 1) , s. 42(2) , Sch. 1 para. 5(3)(a) (4)(b) Words in s. 32(3) substituted (1.1.2024) by Retained EU Law (Revocation and Reform) Act 2023 (c. 28) , s. 22(3) , Sch. 2 para. 9(3)(b) (with s. 22(6) ); S.I. 2023/1363 , reg. 3(e) S. 5 in force at 1.1.2020 in so far as not already in force by S.I. 2019/1333 , art. 2 Words in s. 40(2)(c) substituted (6.5.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1) , s. 42(2) , Sch. 1 para. 5(5)(b)(iv) Words in Act substituted (6.5.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1) , s. 42(2) , Sch. 1 para. 5(9) S. 13 in force at 1.1.2020 in so far as not already in force by S.I. 2019/1333 , art. 2 Words in Sch. 1 Table inserted (6.5.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1) , s. 42(2) , Sch. 1 para. 5(7)(b) S. 24(2A) inserted (31.12.2020) by The European Union Withdrawal (Consequential Modifications) (EU Exit) Regulations 2020 (S.I. 2020/1447) , regs. 1(3) , 8(2)(a) Word in s. 40 heading substituted (6.5.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1) , s. 42(2) , Sch. 1 para. 5(5)(a) S. 34 in force at 1.1.2020 in so far as not already in force by S.I. 2019/1333 , art. 2 S. 7 in force at 1.1.2020 in so far as not already in force by S.I. 2019/1333 , art. 2 S. 11 in force at 1.1.2020 in so far as not already in force by S.I. 2019/1333 , art. 2 Words in Sch. 1 Table substituted (31.1.2020) by European Union (Withdrawal Agreement) Act 2020 (c. 1) , s. 42(7) , Sch. 5 para. 62(f) (with s. 38(3) ); S.I. 2020/75 , reg. 4(n)(xxviii) Words in s. 3(1)(c) substituted (11.10.2019) by The Legislation (Wales) Act 2019 (Commencement) Order 2019 (S.I. 2019/1333) , arts. 1(2) , 3(b) S. 31 in force at 1.1.2020 in so far as not already in force by S.I. 2019/1333 , art. 2 S. 25A inserted (31.12.2020) by The European Union Withdrawal (Consequential Modifications) (EU Exit) Regulations 2020 (S.I. 2020/1447) , regs. 1(3) , 8(3)(a) Word in s. 26(1)(b) omitted (6.5.2020) by virtue of Senedd and Elections (Wales) Act 2020 (anaw 1) , s. 42(2) , Sch. 1 para. 5(3)(a) (4)(d) Words in s. 37 heading substituted (10.9.2025) by Legislation (Procedure, Publication and Repeals) (Wales) Act 2025 (asc 3) , s. 9(2)(e) , Sch. 2 para. 7(a) S. 36 heading substituted (10.9.2025) by Legislation (Procedure, Publication and Repeals) (Wales) Act 2025 (asc 3) , s. 9(2)(e) , Sch. 2 para. 9(c) S. 12A and cross-heading inserted (10.9.2025) by Legislation (Procedure, Publication and Repeals) (Wales) Act 2025 (asc 3) , s. 9(2)(e) , Sch. 2 para. 3 S. 3(3) (3A) substituted for s. 3(3) (10.9.2025) by Legislation (Procedure, Publication and Repeals) (Wales) Act 2025 (asc 3) , s. 9(2)(e) , Sch. 2 para. 2 S. 16(1)(a) substituted (10.9.2025) by Legislation (Procedure, Publication and Repeals) (Wales) Act 2025 (asc 3) , s. 9(2)(e) , Sch. 2 para. 4(a) S. 16(3A) inserted (10.9.2025) by Legislation (Procedure, Publication and Repeals) (Wales) Act 2025 (asc 3) , s. 9(2)(e) , Sch. 2 para. 4(b) S. 16(6) (7) inserted (10.9.2025) by Legislation (Procedure, Publication and Repeals) (Wales) Act 2025 (asc 3) , s. 9(2)(e) , Sch. 2 para. 4(c) S. 21(2)(ba) inserted (10.9.2025) by Legislation (Procedure, Publication and Repeals) (Wales) Act 2025 (asc 3) , s. 9(2)(e) , Sch. 2 para. 5(a) Words in s. 21(2)(c) substituted (10.9.2025) by Legislation (Procedure, Publication and Repeals) (Wales) Act 2025 (asc 3) , s. 9(2)(e) , Sch. 2 para. 5(b) S. 25(4)(ba) inserted (10.9.2025) by Legislation (Procedure, Publication and Repeals) (Wales) Act 2025 (asc 3) , s. 9(2)(e) , Sch. 2 para. 6(a) Words in s. 25(4)(c) substituted (10.9.2025) by Legislation (Procedure, Publication and Repeals) (Wales) Act 2025 (asc 3) , s. 9(2)(e) , Sch. 2 para. 6(b) S. 35(5) inserted (10.9.2025) by Legislation (Procedure, Publication and Repeals) (Wales) Act 2025 (asc 3) , s. 9(2)(e) , Sch. 2 para. 8 S. 36 renumbered as s. 36(1) (10.9.2025) by Legislation (Procedure, Publication and Repeals) (Wales) Act 2025 (asc 3) , s. 9(2)(e) , Sch. 2 para. 9(a) S. 36(2) inserted (10.9.2025) by Legislation (Procedure, Publication and Repeals) (Wales) Act 2025 (asc 3) , s. 9(2)(e) , Sch. 2 para. 9(b) S. 37(3) inserted (10.9.2025) by Legislation (Procedure, Publication and Repeals) (Wales) Act 2025 (asc 3) , s. 9(2)(e) , Sch. 2 para. 7(b)
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[uk-legislation-anaw][anaw] 2025-10-10
http://www.legislation.gov.uk/anaw/2016/6/2025-09-19
http://www.legislation.gov.uk/anaw/2016/6/2025-09-19 Tax Collection and Management (Wales) Act 2016 An Act of the National Assembly for Wales to establish the Welsh Revenue Authority; to make provision about the collection and management of devolved taxes; and for connected purposes. text text/xml en Statute Law Database 2025-10-10 Expert Participation 2025-09-19 Tax Collection and Management (Wales) Act 2016 Deddf Casglu a Rheoli Trethi (Cymru) 2016 s. 63 heading Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 Deddf Treth Trafodiadau Tir a Gwrthweithio Osgoi Trethi Datganoledig (Cymru) 2017 Sch. 23 para. 23(e) s. 81(2) (3) art. 3 Tax Collection and Management (Wales) Act 2016 Deddf Casglu a Rheoli Trethi (Cymru) 2016 s. 37 Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 Deddf Treth Trafodiadau Tir a Gwrthweithio Osgoi Trethi Datganoledig (Cymru) 2017 Sch. 23 para. 3 s. 81(2) (3) art. 3 Tax Collection and Management (Wales) Act 2016 Deddf Casglu a Rheoli Trethi (Cymru) 2016 s. 54 Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 Deddf Treth Trafodiadau Tir a Gwrthweithio Osgoi Trethi Datganoledig (Cymru) 2017 Sch. 23 para. 17 s. 81(2) (3) art. 3 Tax Collection and Management (Wales) Act 2016 Deddf Casglu a Rheoli Trethi (Cymru) 2016 Pt. 3 Ch. 7 Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 Deddf Treth Trafodiadau Tir a Gwrthweithio Osgoi Trethi Datganoledig (Cymru) 2017 Sch. 23 para. 21 s. 81(2) (3) art. 3 Tax Collection and Management (Wales) Act 2016 Deddf Casglu a Rheoli Trethi (Cymru) 2016 s. 63(2) Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 Deddf Treth Trafodiadau Tir a Gwrthweithio Osgoi Trethi Datganoledig (Cymru) 2017 Sch. 23 para. 23(b) s. 81(2) (3) art. 3 Tax Collection and Management (Wales) Act 2016 Deddf Casglu a Rheoli Trethi (Cymru) 2016 s. 63(3) Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 Deddf Treth Trafodiadau Tir a Gwrthweithio Osgoi Trethi Datganoledig (Cymru) 2017 Sch. 23 para. 23(c)(i) s. 81(2) (3) art. 3 Tax Collection and Management (Wales) Act 2016 Deddf Casglu a Rheoli Trethi (Cymru) 2016 s. 64 Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 Deddf Treth Trafodiadau Tir a Gwrthweithio Osgoi Trethi Datganoledig (Cymru) 2017 Sch. 23 para. 25(1)(b)(i) s. 81(2) (3) art. 3 Tax Collection and Management (Wales) Act 2016 Deddf Casglu a Rheoli Trethi (Cymru) 2016 s. 65(1)(a) Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 Deddf Treth Trafodiadau Tir a Gwrthweithio Osgoi Trethi Datganoledig (Cymru) 2017 Sch. 23 para. 26(a) s. 81(2) (3) art. 3 Tax Collection and Management (Wales) Act 2016 Deddf Casglu a Rheoli Trethi (Cymru) 2016 s. 64 Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 Deddf Treth Trafodiadau Tir a Gwrthweithio Osgoi Trethi Datganoledig (Cymru) 2017 Sch. 23 para. 25(1)(b)(ii) s. 81(2) (3) art. 3 Tax Collection and Management (Wales) Act 2016 Deddf Casglu a Rheoli Trethi (Cymru) 2016 s. 65(2)(a) Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 Deddf Treth Trafodiadau Tir a Gwrthweithio Osgoi Trethi Datganoledig (Cymru) 2017 Sch. 23 para. 26(b) s. 81(2) (3) art. 3 Tax Collection and Management (Wales) Act 2016 Deddf Casglu a Rheoli Trethi (Cymru) 2016 s. 66 Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 Deddf Treth Trafodiadau Tir a Gwrthweithio Osgoi Trethi Datganoledig (Cymru) 2017 Sch. 23 para. 27(b) s. 81(2) (3) art. 3 Tax Collection and Management (Wales) Act 2016 Deddf Casglu a Rheoli Trethi (Cymru) 2016 s. 67 Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 Deddf Treth Trafodiadau Tir a Gwrthweithio Osgoi Trethi Datganoledig (Cymru) 2017 Sch. 23 para. 28(a) s. 81(2) (3) art. 3 Tax Collection and Management (Wales) Act 2016 Deddf Casglu a Rheoli Trethi (Cymru) 2016 s. 67(3) Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 Deddf Treth Trafodiadau Tir a Gwrthweithio Osgoi Trethi Datganoledig (Cymru) 2017 Sch. 23 para. 28(e) s. 81(2) (3) art. 3 Tax Collection and Management (Wales) Act 2016 Deddf Casglu a Rheoli Trethi (Cymru) 2016 s. 67(4) Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 Deddf Treth Trafodiadau Tir a Gwrthweithio Osgoi Trethi Datganoledig (Cymru) 2017 Sch. 23 para. 28(f) s. 81(2) (3) art. 3 Tax Collection and Management (Wales) Act 2016 Deddf Casglu a Rheoli Trethi (Cymru) 2016 s. 68 Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 Deddf Treth Trafodiadau Tir a Gwrthweithio Osgoi Trethi Datganoledig (Cymru) 2017 Sch. 23 para. 29(b) s. 81(2) (3) art. 3 Tax Collection and Management (Wales) Act 2016 Deddf Casglu a Rheoli Trethi (Cymru) 2016 s. 73(1)(b) Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 Deddf Treth Trafodiadau Tir a Gwrthweithio Osgoi Trethi Datganoledig (Cymru) 2017 Sch. 23 para. 32 s. 81(2) (3) art. 3 Tax Collection and Management (Wales) Act 2016 Deddf Casglu a Rheoli Trethi (Cymru) 2016 s. 77(1)(b) Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 Deddf Treth Trafodiadau Tir a Gwrthweithio Osgoi Trethi Datganoledig (Cymru) 2017 Sch. 23 para. 33 s. 81(2) (3) art. 3 Tax Collection and Management (Wales) Act 2016 Deddf Casglu a Rheoli Trethi (Cymru) 2016 s. 100(5)(c) Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 Deddf Treth Trafodiadau Tir a Gwrthweithio Osgoi Trethi Datganoledig (Cymru) 2017 Sch. 23 para. 37 s. 81(2) (3) art. 2(b)(i) Tax Collection and Management (Wales) Act 2016 Deddf Casglu a Rheoli Trethi (Cymru) 2016 s. 142(c) Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 Deddf Treth Trafodiadau Tir a Gwrthweithio Osgoi Trethi Datganoledig (Cymru) 2017 Sch. 23 para. 52 s. 81(2) (3) art. 3 Tax Collection and Management (Wales) Act 2016 Deddf Casglu a Rheoli Trethi (Cymru) 2016 s. 67(12) Landfill Disposals Tax (Wales) Act 2017 Deddf Treth Gwarediadau Tirlenwi (Cymru) 2017 s. 45 s. 97(2) art. 3 Tax Collection and Management (Wales) Act 2016 Deddf Casglu a Rheoli Trethi (Cymru) 2016 s. 172(2)(m) - (o) Visitor Accommodation (Register and Levy) Etc. (Wales) Act 2025 Deddf Llety Ymwelwyr (Cofrestr ac Ardoll) Etc. (Cymru) 2025 s. 23(1) s. 67(2) Tax Collection and Management (Wales) Act 2016 Deddf Casglu a Rheoli Trethi (Cymru) 2016 s. 178(4) Visitor Accommodation (Register and Levy) Etc. (Wales) Act 2025 Deddf Llety Ymwelwyr (Cofrestr ac Ardoll) Etc. (Cymru) 2025 s. 23(2)(a) s. 67(2) Tax Collection and Management (Wales) Act 2016 Deddf Casglu a Rheoli Trethi (Cymru) 2016 s. 178(5A) Visitor Accommodation (Register and Levy) Etc. (Wales) Act 2025 Deddf Llety Ymwelwyr (Cofrestr ac Ardoll) Etc. (Cymru) 2025 s. 23(2)(b) s. 67(2) Tax Collection and Management (Wales) Act 2016 Deddf Casglu a Rheoli Trethi (Cymru) 2016 Act Visitor Accommodation (Register and Levy) Etc. (Wales) Act 2025 Deddf Llety Ymwelwyr (Cofrestr ac Ardoll) Etc. (Cymru) 2025 s. 26(2)(b) s. 67(2) Tax Collection and Management (Wales) Act 2016 Deddf Casglu a Rheoli Trethi (Cymru) 2016 s. 12(2A) Visitor Accommodation (Register and Levy) Etc. (Wales) Act 2025 Deddf Llety Ymwelwyr (Cofrestr ac Ardoll) Etc. (Cymru) 2025 Sch. 2 para. 2 s. 67(2) Tax Collection and Management (Wales) Act 2016 Deddf Casglu a Rheoli Trethi (Cymru) 2016 s. 17(1) Visitor Accommodation (Register and Levy) Etc. (Wales) Act 2025 Deddf Llety Ymwelwyr (Cofrestr ac Ardoll) Etc. (Cymru) 2025 Sch. 2 para. 3 s. 67(2) Tax Collection and Management (Wales) Act 2016 Deddf Casglu a Rheoli Trethi (Cymru) 2016 s. 17(3) Visitor Accommodation (Register and Levy) Etc. (Wales) Act 2025 Deddf Llety Ymwelwyr (Cofrestr ac Ardoll) Etc. (Cymru) 2025 Sch. 2 para. 3 s. 67(2) Tax Collection and Management (Wales) Act 2016 Deddf Casglu a Rheoli Trethi (Cymru) 2016 s. 17(4) Visitor Accommodation (Register and Levy) Etc. (Wales) Act 2025 Deddf Llety Ymwelwyr (Cofrestr ac Ardoll) Etc. (Cymru) 2025 Sch. 2 para. 3 s. 67(2) Tax Collection and Management (Wales) Act 2016 Deddf Casglu a Rheoli Trethi (Cymru) 2016 s. 17 heading Visitor Accommodation (Register and Levy) Etc. (Wales) Act 2025 Deddf Llety Ymwelwyr (Cofrestr ac Ardoll) Etc. (Cymru) 2025 Sch. 2 para. 3 s. 67(2) Tax Collection and Management (Wales) Act 2016 Deddf Casglu a Rheoli Trethi (Cymru) 2016 s. 18(1) Visitor Accommodation (Register and Levy) Etc. (Wales) Act 2025 Deddf Llety Ymwelwyr (Cofrestr ac Ardoll) Etc. (Cymru) 2025 Sch. 2 para. 4(a) s. 67(2) Tax Collection and Management (Wales) Act 2016 Deddf Casglu a Rheoli Trethi (Cymru) 2016 s. 18(1)(k) Visitor Accommodation (Register and Levy) Etc. (Wales) Act 2025 Deddf Llety Ymwelwyr (Cofrestr ac Ardoll) Etc. (Cymru) 2025 Sch. 2 para. 4(b) s. 67(2) Tax Collection and Management (Wales) Act 2016 Deddf Casglu a Rheoli Trethi (Cymru) 2016 s. 20 heading Visitor Accommodation (Register and Levy) Etc. (Wales) Act 2025 Deddf Llety Ymwelwyr (Cofrestr ac Ardoll) Etc. (Cymru) 2025 Sch. 2 para. 5 s. 67(2) Tax Collection and Management (Wales) Act 2016 Deddf Casglu a Rheoli Trethi (Cymru) 2016 s. 25(1) Visitor Accommodation (Register and Levy) Etc. (Wales) Act 2025 Deddf Llety Ymwelwyr (Cofrestr ac Ardoll) Etc. (Cymru) 2025 Sch. 2 para. 6 s. 67(2) Tax Collection and Management (Wales) Act 2016 Deddf Casglu a Rheoli Trethi (Cymru) 2016 s. 30(1) Visitor Accommodation (Register and Levy) Etc. (Wales) Act 2025 Deddf Llety Ymwelwyr (Cofrestr ac Ardoll) Etc. (Cymru) 2025 Sch. 2 para. 7(a) s. 67(2) Tax Collection and Management (Wales) Act 2016 Deddf Casglu a Rheoli Trethi (Cymru) 2016 s. 30 heading Visitor Accommodation (Register and Levy) Etc. (Wales) Act 2025 Deddf Llety Ymwelwyr (Cofrestr ac Ardoll) Etc. (Cymru) 2025 Sch. 2 para. 7(b) s. 67(2) Tax Collection and Management (Wales) Act 2016 Deddf Casglu a Rheoli Trethi (Cymru) 2016 s. 31(1)(b) Visitor Accommodation (Register and Levy) Etc. (Wales) Act 2025 Deddf Llety Ymwelwyr (Cofrestr ac Ardoll) Etc. (Cymru) 2025 Sch. 2 para. 8(a) s. 67(2) Tax Collection and Management (Wales) Act 2016 Deddf Casglu a Rheoli Trethi (Cymru) 2016 s. 31(2) Visitor Accommodation (Register and Levy) Etc. (Wales) Act 2025 Deddf Llety Ymwelwyr (Cofrestr ac Ardoll) Etc. (Cymru) 2025 Sch. 2 para. 8(b) s. 67(2) Tax Collection and Management (Wales) Act 2016 Deddf Casglu a Rheoli Trethi (Cymru) 2016 s. 31(4) Visitor Accommodation (Register and Levy) Etc. (Wales) Act 2025 Deddf Llety Ymwelwyr (Cofrestr ac Ardoll) Etc. (Cymru) 2025 Sch. 2 para. 8(c)(i) s. 67(2) Tax Collection and Management (Wales) Act 2016 Deddf Casglu a Rheoli Trethi (Cymru) 2016 s. 31(4)(a) Visitor Accommodation (Register and Levy) Etc. (Wales) Act 2025 Deddf Llety Ymwelwyr (Cofrestr ac Ardoll) Etc. (Cymru) 2025 Sch. 2 para. 8(c)(ii) s. 67(2) Tax Collection and Management (Wales) Act 2016 Deddf Casglu a Rheoli Trethi (Cymru) 2016 s. 33(3)(a) Visitor Accommodation (Register and Levy) Etc. (Wales) Act 2025 Deddf Llety Ymwelwyr (Cofrestr ac Ardoll) Etc. (Cymru) 2025 Sch. 2 para. 9 s. 67(2) Tax Collection and Management (Wales) Act 2016 Deddf Casglu a Rheoli Trethi (Cymru) 2016 s. 35 Visitor Accommodation (Register and Levy) Etc. (Wales) Act 2025 Deddf Llety Ymwelwyr (Cofrestr ac Ardoll) Etc. (Cymru) 2025 Sch. 2 para. 10 s. 67(2) Tax Collection and Management (Wales) Act 2016 Deddf Casglu a Rheoli Trethi (Cymru) 2016 s. 164(c) Visitor Accommodation (Register and Levy) Etc. (Wales) Act 2025 Deddf Llety Ymwelwyr (Cofrestr ac Ardoll) Etc. (Cymru) 2025 Sch. 2 para. 11 s. 67(2) Tax Collection and Management (Wales) Act 2016 Deddf Casglu a Rheoli Trethi (Cymru) 2016 s. 172(6) Visitor Accommodation (Register and Levy) Etc. (Wales) Act 2025 Deddf Llety Ymwelwyr (Cofrestr ac Ardoll) Etc. (Cymru) 2025 Sch. 2 para. 12 s. 67(2) Tax Collection and Management (Wales) Act 2016 Deddf Casglu a Rheoli Trethi (Cymru) 2016 s. 179(2)(b) Visitor Accommodation (Register and Levy) Etc. (Wales) Act 2025 Deddf Llety Ymwelwyr (Cofrestr ac Ardoll) Etc. (Cymru) 2025 Sch. 2 para. 13 s. 67(2) Tax Collection and Management (Wales) Act 2016 Deddf Casglu a Rheoli Trethi (Cymru) 2016 s. 182(7) Visitor Accommodation (Register and Levy) Etc. (Wales) Act 2025 Deddf Llety Ymwelwyr (Cofrestr ac Ardoll) Etc. (Cymru) 2025 Sch. 2 para. 14(a) s. 67(2) Tax Collection and Management (Wales) Act 2016 Deddf Casglu a Rheoli Trethi (Cymru) 2016 s. 182(7)(c) and word Visitor Accommodation (Register and Levy) Etc. (Wales) Act 2025 Deddf Llety Ymwelwyr (Cofrestr ac Ardoll) Etc. (Cymru) 2025 Sch. 2 para. 14(b) s. 67(2) Tax Collection and Management (Wales) Act 2016 Deddf Casglu a Rheoli Trethi (Cymru) 2016 s. 183(3) Visitor Accommodation (Register and Levy) Etc. (Wales) Act 2025 Deddf Llety Ymwelwyr (Cofrestr ac Ardoll) Etc. (Cymru) 2025 Sch. 2 para. 15(a) s. 67(2) Tax Collection and Management (Wales) Act 2016 Deddf Casglu a Rheoli Trethi (Cymru) 2016 s. 183 heading Visitor Accommodation (Register and Levy) Etc. (Wales) Act 2025 Deddf Llety Ymwelwyr (Cofrestr ac Ardoll) Etc. (Cymru) 2025 Sch. 2 para. 15(b) s. 67(2) Tax Collection and Management (Wales) Act 2016 Deddf Casglu a Rheoli Trethi (Cymru) 2016 s. 187B(1) Visitor Accommodation (Register and Levy) Etc. (Wales) Act 2025 Deddf Llety Ymwelwyr (Cofrestr ac Ardoll) Etc. (Cymru) 2025 Sch. 2 para. 16(a) s. 67(2) Tax Collection and Management (Wales) Act 2016 Deddf Casglu a Rheoli Trethi (Cymru) 2016 s. 187B(2) Visitor Accommodation (Register and Levy) Etc. (Wales) Act 2025 Deddf Llety Ymwelwyr (Cofrestr ac Ardoll) Etc. (Cymru) 2025 Sch. 2 para. 16(b) s. 67(2) Tax Collection and Management (Wales) Act 2016 Deddf Casglu a Rheoli Trethi (Cymru) 2016 s. 187B heading Visitor Accommodation (Register and Levy) Etc. (Wales) Act 2025 Deddf Llety Ymwelwyr (Cofrestr ac Ardoll) Etc. (Cymru) 2025 Sch. 2 para. 16(c) s. 67(2) Tax Collection and Management (Wales) Act 2016 Deddf Casglu a Rheoli Trethi (Cymru) 2016 s. 193 Visitor Accommodation (Register and Levy) Etc. (Wales) Act 2025 Deddf Llety Ymwelwyr (Cofrestr ac Ardoll) Etc. (Cymru) 2025 Sch. 2 para. 17(a) s. 67(2) Tax Collection and Management (Wales) Act 2016 Deddf Casglu a Rheoli Trethi (Cymru) 2016 s. 193 Visitor Accommodation (Register and Levy) Etc. (Wales) Act 2025 Deddf Llety Ymwelwyr (Cofrestr ac Ardoll) Etc. (Cymru) 2025 Sch. 2 para. 17(b) s. 67(2) Tax Collection and Management (Wales) Act 2016 Deddf Casglu a Rheoli Trethi (Cymru) 2016 s. 20(3)(a) The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 reg. 31(2) reg. 1(2) Tax Collection and Management (Wales) Act 2016 2016 anaw 6 An Act of the National Assembly for Wales to establish the Welsh Revenue Authority; to make provision about the collection and management of devolved taxes; and for connected purposes. [25 April 2016] Having been passed by the National Assembly for Wales and having received the assent of Her Majesty, it is enacted as follows: PART 1 OVERVIEW Overview of Act 1 This Act is arranged as follows— a Part 2 establishes the Welsh Revenue Authority and makes provision about its organisation and main functions; b Part 3 makes provision about the assessment of devolved taxes; ba Part 3A makes provision about counteracting avoidance arrangements in relation to devolved taxes; c Part 4 makes provision about the Welsh Revenue Authority's investigatory powers, including provision about notices requiring information and the inspection of premises; d Part 5 makes provision for and in connection with the imposition of penalties in relation to WRA-collected taxes; e Part 6 makes provision for interest to be payable on late payments to the Welsh Revenue Authority and on repayments by the Welsh Revenue Authority; f Part 7 makes provision about payments to the Welsh Revenue Authority and the recovery of unpaid amounts; g Part 8 makes provision for and in connection with reviews of and appeals against decisions of the Welsh Revenue Authority; h Part 9 confers powers to make subordinate legislation about the investigation of criminal offences relating to devolved taxes; i Part 10 contains provision that applies generally for the purposes of this Act. PART 2 THE WELSH REVENUE AUTHORITY Establishment and status of the Welsh Revenue Authority The Welsh Revenue Authority 2 1 There is to be a body corporate to be known as the Welsh Revenue Authority or Awdurdod Cyllid Cymru. 2 In this Act, the Welsh Revenue Authority is referred to as “ WRA ”. 3 The functions of WRA are performed on behalf of the Crown and, accordingly, the property, rights and liabilities of WRA are property, rights and liabilities of the Crown. Membership Membership 3 1 The members of WRA are— a a chairperson appointed by the Welsh Ministers, b not fewer than 4, nor more than 8, other persons appointed by the Welsh Ministers, c the chief executive (see section 9), d either 1 or 2 other members of staff of WRA appointed by the chief executive, and e 1 other member of staff of WRA appointed under section 6. 2 The Welsh Ministers may appoint one of the members appointed under subsection (1)(b) as deputy chairperson. 3 The Welsh Ministers may by regulations amend subsection (1) so as to substitute a different number for any of the numbers for the time being specified in it; but the regulations must ensure that the number of non-executive members continues to exceed the number of executive members. 4 In this Part— a the chairperson and members of WRA appointed under subsection (1)(b) are collectively referred to as “ non-executive members ”; b the chief executive and members of WRA appointed under subsection (1)(d) or section 6 are collectively referred to as “ executive members ”; c the member of WRA appointed under section 6 is referred to as an “ elected executive member ”. Disqualification for appointment as non-executive member 4 A person is disqualified from appointment as a non-executive member of WRA if the person is— a a member of the National Assembly for Wales, b a member of the House of Commons, House of Lords, Scottish Parliament or Northern Ireland Assembly, c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . d a member of a local authority, e a member of a National Park Authority, f a member of the Welsh Government, g a Minister of the Crown, a member of the Scottish Government or a Northern Ireland Minister, h a police and crime commissioner, i a person holding office under the Crown, j a person employed in the civil service of the State, or k the holder of an office, or a member or member of staff of a body, prescribed by regulations made by the Welsh Ministers. Terms of non-executive membership 5 1 A non-executive member of WRA holds office as a member for such period and on such terms as are specified in the terms of the member's appointment (but subject to subsection (4) and section 7). 2 The period of office specified in the terms of a non-executive member's appointment must not be more than 5 years. 3 A non-executive member of WRA appointed as deputy chairperson holds office as deputy chairperson for such period and on such terms as are specified in the person's terms of appointment as deputy chairperson (but subject to subsection (4) and section 7). 4 A person may resign from office as a non-executive member, or as deputy chairperson, of WRA by giving notice to the Welsh Ministers. 5 A person who is or has been a non-executive member of WRA may be re-appointed as a non-executive member once only. 6 A person who is or has been deputy chairperson of WRA may be re-appointed as deputy chairperson. 7 WRA may pay to non-executive members— a such remuneration as WRA may, with the approval of the Welsh Ministers, determine, and b such sums as WRA may, with the approval of the Welsh Ministers, determine by way of reimbursement of expenses incurred by them in carrying out their functions. Appointment of elected executive member 6 1 WRA must conduct a ballot of its staff for the purpose of appointing a member of staff as an elected executive member of WRA. 2 The non-executive members of WRA must— a appoint the winner of the ballot as an elected executive member of WRA, and b determine the terms of that person's appointment. 3 An elected executive member of WRA holds office as a member for such period and on such terms as are specified in the terms of the member's appointment (but subject to subsection (4) and section 7). 4 An elected executive member of WRA may resign from office by giving notice to the non-executive members of WRA. Removal of members etc. 7 1 The Welsh Ministers may remove a person from office as a non-executive member of WRA by notice if— a the person becomes disqualified from appointment as a non-executive member by virtue of section 4, b the person has been absent from meetings of WRA for a period longer than 6 months without the permission of WRA, or c the Welsh Ministers consider that the person is unfit to be a member or is unable or unwilling to carry out the person's functions as a member. 2 The non-executive members of WRA may remove a person from office as an elected executive member of WRA by notice if— a the person has been absent from meetings of WRA for a period longer than 6 months without the permission of WRA, or b the non-executive members of WRA consider that the person is unfit to be a member or is unable or unwilling to carry out the person's functions as a member. 3 A person ceases to be deputy chairperson of WRA on ceasing to be a non-executive member. 4 A person ceases to be a non-executive member of WRA if the person becomes a member of staff of WRA. 5 A person ceases to be an executive member of WRA on ceasing to be chief executive or any other member of staff of WRA. Committees and staff Committees and sub-committees 8 1 WRA may establish committees for any purpose relating to its functions. 2 WRA may determine the composition of its committees. 3 WRA may appoint persons who are not members of WRA to be members of a committee, but those persons are not entitled to vote at meetings of the committee. 4 A committee of WRA may establish sub-committees. 5 A committee which establishes a sub-committee may determine its composition. 6 A committee may appoint persons who are not members of WRA to be members of a sub-committee, but those persons are not entitled to vote at meetings of the sub-committee. 7 WRA may pay to any members of a committee established by it, or of a sub-committee established by such a committee, who are not members of WRA— a such remuneration as WRA may, with the approval of the Welsh Ministers, determine, and b such sums as WRA may, with the approval of the Welsh Ministers, determine by way of reimbursement of expenses incurred by them in carrying out their functions. Chief executive and other staff 9 1 There is to be a chief executive of WRA. 2 The chief executive is responsible for (among other things) securing that the functions of WRA are performed efficiently and effectively. 3 The first person employed as chief executive is to be appointed by the Welsh Ministers on such terms as they may determine. 4 Each subsequent chief executive is to be appointed by the non-executive members of WRA on such terms as they may, with the approval of the Welsh Ministers, determine. 5 WRA may appoint other members of staff on such terms as it may, with the approval of the Welsh Ministers, determine. 6 Service as the chief executive or as any other member of staff of WRA is service in the civil service of the State. Procedure and validity Procedure 10 1 WRA must make rules to regulate its own procedure (including quorum) and that of any committee or sub-committee. 2 The rules must provide that a meeting of WRA is not quorate unless a majority of the members present are non-executive members of WRA. Validity of proceedings and acts 11 The validity of any proceedings or acts of WRA (or of any committee or sub-committee) is not affected by— a any vacancy in its membership, b any defect in the appointment of a member, or c any non-executive member becoming disqualified from appointment by virtue of section 4. Functions Main functions 12 1 WRA's general function is the collection and management of WRA-collected taxes. 2 WRA has the following particular functions— a providing to the Welsh Ministers information, advice and assistance relating to WRA-collected taxes; b providing information and assistance relating to WRA-collected taxes to taxpayers , their agents and other persons; c resolving complaints and disputes relating to WRA-collected taxes; d promoting compliance with the law relating to WRA-collected taxes and protecting against tax evasion and tax avoidance in relation to WRA-collected taxes; e providing information, advice and assistance relating to the visitor levy to principal councils. 3 WRA must provide the Welsh Ministers with such information, advice or assistance relating to its functions as the Welsh Ministers may from time to time require in such form as the Welsh Ministers determine. 4 In addition to any other powers it has, WRA may do anything which it considers— a necessary or expedient in connection with the exercise of its functions, or b incidental or conducive to the exercise of those functions. Internal authorisation to carry out functions 13 1 WRA may authorise the carrying out of any of its functions (to any extent) by— a a member of WRA, b a committee of WRA or a sub-committee of such a committee, or c the chief executive or any other member of staff of WRA. 2 But WRA may not authorise a committee or sub-committee to carry out any of its functions (to any extent) unless at least one of the members of the committee or sub-committee is a non-executive member of WRA. 3 The authorisation of the carrying out of a function under this section does not affect— a WRA's ability to exercise the function, or b WRA's responsibility for the exercise of the function. Delegation of functions 14 1 WRA may delegate any of its functions to any person prescribed by regulations made by the Welsh Ministers. 2 WRA may give directions to a person to whom any of its functions have been delegated about how the delegated functions are to be exercised and the person to whom the functions have been delegated must comply with any such direction. 3 Delegations or directions under this section may be varied or revoked at any time. 4 WRA must publish information about— a delegations under this section, and b directions under this section. 5 Subsection (4) does not apply to the extent that WRA considers that publication of information would prejudice the effective exercise of its functions. 6 Delegation of a function under this section does not affect— a WRA's ability to exercise the function, or b WRA's responsibility for the exercise of the function. 7 WRA may make to a person to whom any of its functions have been delegated payments in respect of the exercise by the person of the delegated functions. General directions 15 1 The Welsh Ministers may give to WRA directions of a general nature. 1A Before giving a direction under subsection (1) that relates only to WRA’s functions relating to the visitor levy, the Welsh Ministers must consult each principal council that has introduced, or decided to introduce, the visitor levy in its area. 2 WRA must, in the exercise of its functions, comply with directions given under subsection (1). 3 Directions given under subsection (1) may not relate to the exercise of the functions in sections 29 or 30. 4 Directions under this section may be varied or revoked at any time. 5 The Welsh Ministers must publish any directions given under subsection (1). Information Use of information by WRA and delegates 16 1 Information acquired— a by WRA, or b by a person to whom WRA has delegated any of its functions, in connection with a function of WRA may be used only in accordance (2). 2 The information may be used— a by WRA, or b by any person to whom WRA has delegated any of its functions, in connection with any function of WRA. 3 This section is subject to any international obligation of the United Kingdom which restricts or prohibits the use of information. Confidentiality of protected taxpayer information 17 1 An individual who is or has been a relevant official must not disclose protected taxpayer information unless the disclosure is permitted by section 18. 2 In this section and section 19, “ relevant official ” means an individual who is— a a member of WRA, of a committee of WRA or of a sub-committee of such a committee, b a person to whom WRA has delegated any of its functions, a member of a body to whom WRA has delegated any of its functions, of a committee of such a body or of a sub-committee of such a committee, or an office-holder of such a body, c a member of staff of WRA, d a member of staff of a person to whom WRA has delegated any of its functions employed in connection with any of those functions, e a person providing services to WRA, or f a person providing services to a person to whom WRA has delegated any of its functions in connection with any of those functions. 3 In subsection (1) and section 18, “ protected taxpayer information ” means information relating to a person (the “affected person”)— a which was acquired by WRA or which was acquired by a person to whom any of the functions of WRA have been delegated in connection with those functions, and b by which the affected person may be identified (whether by reason of the affected person's identity being specified in the information or being capable of being deduced from it). 4 But information is not “protected taxpayer information” if it is information about internal administrative arrangements of WRA or of a person to whom WRA has delegated any of its functions (whether the information relates to members of staff of WRA or of such a person or to other persons). Permitted disclosures 18 1 A disclosure of protected taxpayer information is permitted by this section if— za it is made for the purposes of WRA’s functions, other than the functions mentioned in section 12(2)(a) and (e), and (3), a it is made with the consent of each person to whom the information relates, b it is made for the purpose of obtaining services in connection with a function of WRA, c it is made for the purposes of a criminal investigation or criminal proceedings or for the purposes of the prevention or detection of crime, d it is made to a body with responsibility for the regulation of a profession in connection with misconduct on the part of a member of the profession which relates to a function of WRA, e it is made for the purposes of civil proceedings, f it is made in pursuance of an order of a court or tribunal, g it is made in accordance with an enactment requiring or permitting the disclosure, ... h it is made to WRA or to a person to whom WRA has delegated any of its functions for use in accordance with section 16 , i it is made to Her Majesty’s Revenue and Customs in connection with a function of WRA or in connection with a function of Her Majesty’s Revenue and Customs, or j it is made to Revenue Scotland in connection with a function of WRA or in connection with the collection and management of a devolved tax within the meaning of the Scotland Act 1998 (c. 46) . 2 The Welsh Ministers may by regulations amend subsection (1). Declaration of confidentiality 19 1 Every individual who is a relevant official must make a declaration acknowledging the obligation of confidentiality under section 17. 2 A declaration must be made— a as soon as reasonably practicable following the individual's appointment, and b in such form and manner as WRA may determine. 3 For the purposes of subsection (2)(a)— a the renewal of a fixed term appointment is not to be treated as an appointment, b an individual within section 17(2)(e) is to be treated as appointed when the individual first provides services as mentioned there, and c if an individual within section 17(2)(b), (d) or (f) was appointed (or treated as appointed) before the delegation of functions concerned, the individual is to be treated as required to make the declaration as soon as reasonably practicable after the functions are delegated. Offence of wrongful disclosure of protected taxpayer information 20 1 An individual who discloses information in contravention of section 17(1) commits an offence. 2 It is a defence for an individual charged with an offence under subsection (1) to prove that the individual reasonably believed— a that the disclosure of the information was permitted by section 18, or b that the information had already lawfully been made available to the public. 3 An individual who commits an offence under subsection (1) is liable— a on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both); b on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine (or both). 4 This section does not affect the pursuit of any remedy or the taking of any action in relation to a contravention of section 17(1). Court proceedings and evidence Court proceedings 21 1 WRA may institute criminal and civil proceedings in England and Wales. 2 An individual authorised to conduct criminal or civil proceedings in magistrates' courts in England and Wales— a by WRA, or b by a person to whom WRA has delegated the function of authorising the conduct of such proceedings, is entitled to do so even though not an authorised person for the purposes of the Legal Services Act 2007 (c. 29). Evidence 22 1 A document that purports to have been issued or signed by or with the authority of WRA— a is to be treated as having been so issued or signed unless the contrary is proved, and b is admissible in any legal proceedings. 2 A document that purports to have been issued by WRA and which certifies any of the matters specified in subsection (3) is sufficient evidence of that fact unless the contrary is proved. 3 The matters are— a that a specified person was appointed as a member of WRA on a specified date; b that a specified person was appointed as a member of WRA's staff on a specified date; c that at a specified time or for a specified purpose (or both) a specified member of WRA was authorised to exercise a function of WRA; d that at a specified time or for a specified purpose (or both) a specified committee of WRA or a specified sub-committee of such a committee was authorised to exercise a function of WRA; e that at a specified time or for a specified purpose (or both)— i a specified member of WRA's staff, or ii a member of WRA's staff of a specified description, was authorised to exercise a function of WRA; f that at a specified time or for a specified purpose (or both) a function of WRA was delegated to another specified person. 4 A document that purports to have been issued by or with the authority of WRA and which certifies— a that a tax return required to be made to WRA has not been made, or b that a notice required to be given to WRA has not been given, is sufficient evidence of that fact unless the contrary is proved. 5 A copy of a document issued or acquired by WRA (or on its behalf) that is certified by WRA (or on its behalf) to be an accurate copy is admissible in any legal proceedings to the same extent as the document itself and is sufficient evidence of that document unless the contrary is proved. 6 See section 168 (certificates of debt) for provision about the certification of debt. Money Funding 23 1 The Welsh Ministers must pay WRA such amounts as they consider appropriate in respect of the carrying out of WRA's functions. 2 The payments are to be made at the times, and subject to the conditions, that the Welsh Ministers consider appropriate. Rewards 24 WRA may pay a reward to a person in return for a service which relates to any of its functions. Payments of net proceeds of the visitor levy to principal councils 24A 1 WRA must, in relation to each county or county borough in which the visitor levy has been introduced, keep a separate account for the proceeds of the visitor levy collected in respect of that county or county borough. 2 WRA must pay the proceeds of the visitor levy collected each financial year in respect of a principal council’s area (including any interest on the proceeds) to that principal council, no later than— a 30 June in the following financial year, or b such other date as may be agreed between WRA and the principal council. 3 But, subject to regulations under subsection (5), WRA must do so after deducting from the proceeds received for the financial year such amounts as WRA considers appropriate in respect of the costs it has incurred in connection with the exercise of its functions during that financial year in relation to the visitor levy for that area. 4 WRA may also, subject to regulations under subsection (5), deduct from the proceeds received for the financial year such amounts as WRA considers appropriate in respect of costs WRA considers it may incur and disbursements WRA considers may become payable— a in connection with the exercise of its functions during the financial year in relation to the visitor levy for that area, but b after it has paid the proceeds for that year to the principal council. 5 The Welsh Ministers may by regulations make further provision about the deduction of amounts in respect of costs, or the deduction of disbursements, including provision— a limiting the amount of costs or disbursements WRA may deduct (including by reference to a percentage of the disbursements or the costs incurred or to a maximum amount that may be deducted, or by other means); b about how costs and disbursements are to be apportioned between principal councils that have introduced the visitor levy in their areas; c specifying types of cost or disbursement that may, must or must not be deducted. 6 For the purposes of this section— a references to proceeds of the visitor levy include any financial penalties collected in relation to the levy; b payments to principal councils under subsection (2) are not disbursements. Payments of receipts into Welsh Consolidated Fund 25 1 WRA must pay amounts collected in the exercise of its functions relating to devolved taxes into the Welsh Consolidated Fund. 2 But WRA may do so after deduction of disbursements by way of repayments of devolved taxes (including interest on such repayments) and credits in respect of devolved taxes. 3 WRA must pay into the Welsh Consolidated Fund amounts deducted under section 24A(3) or (4), in respect of costs, from proceeds of the visitor levy. Charter of standards and values Charter of standards and values 26 1 WRA must prepare a Charter. 2 The Charter must include— a standards of service, standards of behaviour and values which WRA is expected to adhere to when dealing with ... taxpayers, their agents , principal councils and other persons in the exercise of its functions, and b standards of behaviour and values which WRA expects ... taxpayers, their agents , principal councils and other persons to adhere to when dealing with it. 3 WRA must— a publish the Charter, b review the Charter— i at least once in the period of 5 years beginning with the day on which the Charter is published, and ii subsequently, at least once in the period of 5 years following a review, and c revise the Charter when it considers it appropriate to do so and publish the revised Charter. 4 Before publishing the Charter or a revised Charter WRA must consult such persons as it considers appropriate. 5 WRA must lay the Charter and any revised Charter before the National Assembly for Wales. 6 The first Charter must be published within 3 months of the coming into force of this section. Corporate plans, annual reports, accounts etc. Corporate plan 27 1 WRA must, for each planning period, prepare a corporate plan and submit it for approval by the Welsh Ministers. 2 The corporate plan must set out— a WRA's main objectives for the planning period, b the outcomes by reference to which the achievement of the main objectives may be measured, and c the activities which WRA expects to undertake during the planning period. 2A Before submitting the plan for approval by the Welsh Ministers, WRA must consult each principal council that has introduced, or decided to introduce, the visitor levy in its area on any objectives, outcomes or activities that relate to the visitor levy. 3 The Welsh Ministers may approve the corporate plan subject to such modifications as may be agreed between them and WRA. 4 When the Welsh Ministers approve the corporate plan, WRA must— a publish the plan, and b lay a copy of the plan before the National Assembly for Wales. 5 During the planning period to which a corporate plan relates, WRA may review the plan and submit a revised corporate plan to the Welsh Ministers for approval. 6 Subsections (2) to (4) apply to a revised corporate plan as they apply to a corporate plan. 7 “ Planning period ” means— a a first period prescribed by the Welsh Ministers by regulations, and b each subsequent period of 3 years. 8 The Welsh Ministers may by regulations substitute for the period for the time being specified in subsection (7)(b) such other period as they consider appropriate. 9 The corporate plan for the first planning period must be submitted for approval by the Welsh Ministers not later than 6 months after WRA is established; and the corporate plan for each subsequent planning period must be submitted before the beginning of the planning period. Annual report 28 1 As soon as is reasonably practicable after the end of each financial year, WRA must— a prepare and publish a report on the exercise of its functions during that year, b send a copy of the report to the Welsh Ministers, and c lay a copy of the report before the National Assembly for Wales. 2 The report must (in particular) contain an assessment of the extent to which WRA has demonstrated during the financial year the standards of service, standards of behaviour and values which it is stated in the Charter that it is expected to adhere to. 3 WRA may publish such other reports and information on matters relevant to its functions as it considers appropriate. Accounts 29 1 WRA must— a keep proper accounting records, and b prepare accounts in respect of each financial year in accordance with directions given by the Welsh Ministers. 2 The directions which the Welsh Ministers may give include (among other things) directions as to— a the information to be contained in the accounts and the manner in which the accounts are to be presented; b the methods and principles in accordance with which the accounts are to be prepared; c additional information that is to accompany the accounts. 2A Before giving a direction under subsection (1)(b) that relates only to the visitor levy, the Welsh Ministers must consult each principal council that has introduced, or decided to introduce, the visitor levy in its area. 3 Directions under this section may be varied or revoked at any time. Tax Statement 30 1 WRA must prepare in respect of each financial year, in accordance with directions given by the Welsh Ministers, a statement of the amount of money collected by it during the financial year in the exercise of its functions (a “Tax Statement”). 1A Before giving a direction under subsection (1) that relates only to the visitor levy, the Welsh Ministers must consult each principal council that has introduced, or decided to introduce, the levy in its area. 2 Directions under this section may be varied or revoked at any time. Audit 31 1 WRA must submit— a the accounts prepared for a financial year, and b the Tax Statement for a financial year, to the Auditor General for Wales not later than 31 August in the following financial year. 2 The Auditor General for Wales must— a examine, certify and report on the accounts and Tax Statement, and b not later than the end of the period of 4 months beginning with the day on which they are submitted, lay a copy of the certified accounts and Tax Statement, and the reports on them, before the National Assembly for Wales. 3 In examining the accounts submitted under this section, the Auditor General for Wales must, in particular, be satisfied— a that the expenditure to which the accounts relate has been incurred lawfully and in accordance with the authority which governs it, and b that money received for a particular purpose or particular purposes has not been expended otherwise than for that purpose or those purposes. 4 In examining the Tax Statement submitted under this section, the Auditor General for Wales must, in particular, be satisfied— a that the money collected by WRA, to which the Tax Statement relates, has been collected lawfully, and b that any deduction of disbursements has been made in accordance with section 24A or 25(2). Examination into use of resources 32 1 The Auditor General for Wales may carry out examinations into the economy, efficiency and effectiveness with which resources have been used in discharging WRA's functions. 2 But that does not entitle the Auditor General for Wales to question the merits of the policy objectives of WRA. 3 Before carrying out an examination the Auditor General for Wales must— a consult the National Assembly for Wales, and b take into account the views of the National Assembly for Wales as to whether or not an examination should be carried out. 4 The Auditor General for Wales must— a as soon as is reasonably practicable, publish a report of the results of an examination carried out under this section, and b lay a copy of the report before the National Assembly for Wales. Accounting officer 33 1 The chief executive of WRA is the accounting officer of WRA. 2 The accounting officer has, in relation to the accounts and finances of WRA, the responsibilities which are for the time being specified by the Welsh Ministers. 3 The responsibilities which may be specified under this section include (among other things)— a responsibilities in relation to the signing of WRA's accounts and the Tax Statement; b responsibilities for the propriety and regularity of the finances of WRA; c responsibilities for the economy, efficiency and effectiveness with which the resources of WRA are used; d responsibilities owed to the National Assembly for Wales, the Welsh Ministers or a committee of the National Assembly for Wales. Consequential amendments Welsh public records 34 In section 148 of the Government of Wales Act 2006 (c. 32) (meaning of “Welsh public records”), in subsection (1), after paragraph (b) insert— ba administrative and departmental records belonging to Her Majesty which are records of or held by the Welsh Revenue Authority; . Public Services Ombudsman 35 In Schedule 3 to the Public Services Ombudsman (Wales) Act 2005 (c. 10) (listed authorities), after the entry relating to the National Assembly for Wales Commission insert— Taxation Welsh Revenue Authority Auditor General for Wales 36 In section 23 of the Public Audit (Wales) Act 2013 (anaw 3) (general provision relating to fees), in subsection (3), after paragraph (b) insert— ba an examination, certification or report under section 31 of the Tax Collection and Management (Wales) Act 2016 in respect of the Welsh Revenue Authority's Tax Statement; . PART 3 TAX RETURNS, ENQUIRIES AND ASSESSMENTS CHAPTER 1 OVERVIEW Overview of Part 37 This Part is about the assessment of WRA-collected taxes and includes provision about— a keeping records; b tax returns; c enquiries by WRA into tax returns; d determinations by WRA of WRA-collected tax due where no tax return is made; e assessments by WRA of WRA-collected tax due and of amounts payable in respect of tax credits ; f claims for relief from double assessment and for repayment of WRA-collected tax; g the making of claims. CHAPTER 2 ... DUTIES TO KEEP AND PRESERVE RECORDS Duty to keep and preserve records: cases where a tax return is required 38 1 A person who is required to make a tax return must— a keep any records that may be needed to enable the person to demonstrate that the tax return is correct and complete, and b preserve any records that may be needed for that purpose. 2 The records must be preserved until the end of the later of the relevant date and the date on which— a an enquiry into the tax return is completed (see section 50), or b if there is no enquiry, the enquiry period ends (see section 43(1A)). 3 The ““relevant date”” is the sixth anniversary of whichever is the later of— a the filing date, and b if the return has been made and subsequently amended under section 41, the date on which notice of amendment is given under that section. 3A But if WRA specifies an earlier date under this subsection, the “ "relevant date” ” means the date specified. 4 Different dates may be specified for different purposes under subsection (3A) . 5 In this Chapter, “ "records” ” includes supporting documents (for example, accounts, books, deeds, contracts, vouchers and receipts). 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Duty to keep and preserve records: land transactions in respect of which no tax return is required. 38A 1 This section applies in relation to a land transaction, other than a transaction of a type listed in section 65(4) of LTTA, in respect of which no tax return is required to be made. 2 The buyer in a land transaction in relation to which this section applies must— a keep any records that may be needed to enable the buyer to demonstrate that no tax return is required to be made, and b preserve any records that may be needed for that purpose. 3 The records must be preserved until the end of the relevant date. 4 The ““relevant date”” is the sixth anniversary of the effective date of the transaction. 5 But if WRA specifies an earlier date under this subsection, the ““relevant date”” is the date specified. 6 Different dates may be specified for different purposes under subsection (5). 7 In subsection (4), “ "effective date” ” has the same meaning as in LTTA. Preservation of information etc. 39 1 The duty under section 38 or 38A to preserve records may be satisfied— a by preserving them in any form and by any means, or b by preserving the information contained in them in any form and by any means, subject to any conditions or exceptions prescribed by regulations made by the Welsh Ministers. 2 But this is subject to any requirement specified under section 21(7) (water discount record) or 43(2) (landfill disposals tax summary) of LDTA. Power to make regulations about records 39A The Welsh Ministers may by regulations provide that the records required to be kept and preserved under this Chapter do, or do not, include records of a description prescribed by the regulations. CHAPTER 3 TAX RETURNS Filing date Meaning of “filing date” 40 1 In the Welsh Tax Acts , the “ filing date ” — a in relation to a tax return for land transaction tax, is the day by which the return is required to be made under LTTA; b in relation to a tax return for landfill disposals tax, has the meaning given by section 39(4) of LDTA. 2 In this Act the “filing date, in relation to a visitor levy return, has the meaning given by section 36 of the Visitor Accommodation (Register and Levy) Etc. (Wales) Act 2025 (asc 00) . Amendment and correction of tax returns Amendment of tax return by taxpayer 41 1 A person who has made a tax return may amend it by giving notice to WRA. 2 An amendment under this section must be made before the end of the period of 12 months beginning with the relevant date (referred to in section 42 as the “amendment period”). 3 The relevant date is the filing date. 3A But if the Welsh Ministers prescribe another date in regulations under this subsection, the relevant date is that date. 4 This section is subject to sections 45(3) and 50. Correction of tax return by WRA 42 1 WRA may correct any obvious error or omission in a tax return. 2 A correction under this section— a is made by issuing a notice to the person who made the tax return, and b is regarded as effecting an amendment of the tax return. 3 The reference in subsection (1) to an error includes, for instance, an arithmetical mistake or an error of principle. 4 A correction under this section must be made before the end of the period of 9 months beginning with the day on which the tax return was made. 4A If, as a result of a correction made under this section, an amount, or an additional amount, of WRA-collected tax is payable, the person who made the tax return must pay the amount, or additional amount, before the end of the period of 30 days beginning with the day on which notice of the correction is issued. 5 A correction under this section has no effect if the person who made the tax return rejects it by— a during the amendment period, amending the tax return under section 41 so as to reject the correction, or b after that period, giving a notice rejecting the correction. 6 A notice under subsection (5)(b) must be given to WRA before the end of the period of 3 months beginning with the day on which the notice of correction is issued. CHAPTER 4 WRA ENQUIRIES Notice and scope of enquiry Notice of enquiry 43 1 WRA may enquire into a tax return if it issues notice of the intention to do so (a “notice of enquiry”) to the person who made the tax return before the end of the enquiry period (but see subsection (1B)). 1A The enquiry period for a tax return is the period of 12 months beginning with the relevant date. 1B But WRA may enquire into a tax return after the expiry of the enquiry period if— a the tax return is made in respect of a land transaction, b after the tax return is made, a further return is made in respect of the same land transaction, c WRA has issued a notice of enquiry into the further return, and d WRA believes it is necessary to enquire into the tax return mentioned in paragraph (a). 2 For the purposes of subsection (1A), the relevant date is— a if the tax return was made after the filing date, the day on which the tax return was made, or b otherwise, the filing date, but if the tax return is amended under section 41, the relevant date is the day on which the amendment was made. 3 A tax return that has been the subject of one notice under this section may not be the subject of another, except a notice issued a as a result of an amendment of the tax return under section 41, or b by virtue of subsection (1B) . 4 In subsection (1B), “ "further return” ” means a further return made under LTTA. Scope of enquiry 44 1 An enquiry into a tax return extends to anything contained in the tax return, or required to be contained in the tax return, that relates— a to the question whether the person who made the tax return is chargeable to the WRA-collected tax to which the tax return relates, ... b to the amount of WRA-collected tax chargeable on the person who made the tax return, c to the question whether the person who made the tax return is entitled to a tax credit claimed in the tax return, or d to the amount of tax credit to which the person is entitled. 2 But if a notice of enquiry is issued as a result of the amendment of a tax return under section 41 after an enquiry into the tax return has been completed, the enquiry is limited to— a matters to which the amendment relates, and b matters affected by the amendment. Amendment of tax return during enquiry Amendment of tax return during enquiry to prevent loss of tax 45 1 If, during the period when an enquiry into a tax return is in progress, WRA forms the opinion— a that the amount stated in the tax return as the amount of WRA-collected tax chargeable is insufficient, and b that, unless the return is immediately amended, there is likely to be a loss of WRA-collected tax, WRA may by notice issued to the person who made the return amend it to make good the insufficiency. 1A If, during the period when an enquiry into a tax return is in progress, WRA forms the opinion— a that the amount of tax credit claimed in the tax return is excessive, and b that, unless the return is immediately amended, there is likely to be a loss of WRA-collected tax, WRA may by notice issued to the person who made the return amend it so that the amount claimed is no longer excessive. 2 If the enquiry is one that is limited by section 44(2) to matters arising from an amendment of the tax return, a subsection (1) applies only so far as the insufficiency is attributable to the amendment , and b subsection (1A) applies only so far as the excessive amount is attributable to the amendment. 3 Where a notice is issued under subsection (1) or (1A) , the person who made the tax return may no longer amend it under section 41. 4 The person who made the tax return must pay any amount, or additional amount, of WRA-collected tax payable as a result of the amendment before the end of the period of 30 days beginning with the day on which notice of the amendment is issued. 5 For the purposes of this section and sections 45A and 46 the period during which an enquiry into a tax return is in progress is the whole of the period— a beginning with the day on which notice of enquiry into the tax return is issued, and b ending with the day on which the enquiry is completed (see section 50). Amendment of tax return by taxpayer when enquiry is in progress 45A 1 This section applies if a person who has made a tax return amends it during the period when an enquiry into the return is in progress. 2 For the purposes of section 44 (scope of enquiry), the amendment is to be treated as something contained in the tax return. 3 The amendment takes effect on the day on which the enquiry is completed unless WRA states in the closure notice issued under section 50 that— a the amendment has been taken into account in formulating the amendments required to give effect to WRA's conclusions, or b WRA's conclusion is that the amendment is incorrect. Referral during enquiry Referral of questions to tribunal during enquiry 46 1 At any time when an enquiry is in progress the person who made the tax return and WRA may jointly refer any question arising in connection with the subject-matter of the tax return to the tribunal. 2 The tribunal must determine any question referred to it. 3 More than one referral may be made under this section in relation to an enquiry. Withdrawal of referral 47 WRA or the person who made the tax return may withdraw a referral made under section 46. Effect of referral on enquiry 48 1 While proceedings on a referral under section 46 are in progress in relation to an enquiry— a no closure notice may be issued in relation to the enquiry (see section 50), and b no application may be made for a direction to issue a closure notice (see section 51). 2 Proceedings on a referral are in progress where— a a referral has been made and has not been withdrawn, and b the question referred has not been finally determined. Effect of determination 49 1 A determination under section 46 is binding on the parties to the referral in the same way, and to the same extent, as a decision on a preliminary issue in an appeal. 2 WRA must take the determination into account— a in reaching conclusions on the enquiry, and b in the formulation of any amendments of the tax return that may be required to give effect to those conclusions. 3 The question determined may not be reopened on an appeal, except to the extent that it could be reopened if it had been determined as a preliminary issue in an appeal. Completion of enquiry Completion of enquiry 50 1 An enquiry is completed when WRA issues a notice (a “closure notice”) to the person who made the tax return stating— a that the enquiry is complete, and b the conclusions reached in the enquiry. 2 A closure notice must either— a state that in WRA's opinion no amendment of the tax return is required, or b make the amendments of the tax return required to give effect to WRA's conclusions. 3 Where a closure notice is issued which makes amendments of a tax return, the person who made the tax return may no longer amend it under section 41. 4 The person who made the tax return must pay an amount, or additional amount, of WRA-collected tax payable as a result of an amendment made by a closure notice before the end of the period of 30 days beginning with the day on which the notice is issued. Direction to complete enquiry 51 1 The person who made the tax return may make an application to the tribunal for a direction that a closure notice is to be issued within a specified period. 2 The tribunal must give a direction unless satisfied that WRA has reasonable grounds for not giving a closure notice within that period. CHAPTER 5 WRA DETERMINATIONS Determination of tax chargeable if no tax return made 52 1 This section applies where— a WRA has reason to believe that a person is chargeable to a WRA-collected tax, b the person has not made a tax return in relation to the WRA-collected tax chargeable, and c the relevant filing date has passed. 2 “ The relevant filing date ” means the date by which WRA believes a tax return was required to be made. 3 WRA may make a determination (a “WRA determination”) of the amount of WRA-collected tax to which the person is, in WRA's opinion, chargeable. 4 Notice of the determination must be issued to the person. 5 The person must pay the WRA-collected tax payable in accordance with the WRA determination before the end of the period of 30 days beginning with the day on which notice of the determination is issued. 6 No WRA determination may be made more than 4 years after the relevant date. 7 The relevant date is— a the relevant filing date, or b such other date as the Welsh Ministers may by regulations prescribe. Determination superseded by tax return 53 1 If, after a WRA determination has been made, the person whom WRA had reason to believe was chargeable to a WRA-collected tax makes a tax return with respect to the tax, the return supersedes the determination. 2 But subsection (1) does not apply to a tax return made— a more than 4 years after the power to make a WRA determination first became exercisable, or b more than 12 months after the day on which the notice of the determination was issued, whichever is the later. 3 Where— a proceedings have been begun for the recovery of any WRA-collected tax charged by a WRA determination, and b before the proceedings are concluded the determination is superseded by a tax return, the proceedings may be continued as if they were proceedings for the recovery of so much of the WRA-collected tax charged by the tax return as is required to be paid and has not yet been paid. CHAPTER 6 WRA ASSESSMENTS Assessment of loss of tax or of excessive repayment Assessment where loss of tax 54 If WRA comes to the view that— a an amount of WRA-collected tax that ought to have been assessed as WRA-collected tax chargeable on a person has not been assessed, b an assessment of the WRA-collected tax chargeable on a person is or has become insufficient, or c relief in respect of a WRA-collected tax has been claimed or given that is or has become excessive, WRA may make an assessment of the amount or further amount that ought in its opinion to be charged in order to make good the loss of WRA-collected tax. Assessment to recover excessive repayment of tax 55 1 If an amount of a WRA-collected tax has been, but ought not to have been, repaid to a person that amount may be assessed and recovered as if it were unpaid WRA-collected tax. 2 If the repayment was made with interest, the amount assessed and recovered may include the amount of interest that ought not to have been paid. Assessment in relation to tax credit 55A If WRA comes to the view that— a an amount of tax credit that has been set off against an amount of tax that a person would otherwise have been required to pay— i ought not to have been set off, or ii has become excessive, b an amount that has been paid to a person in respect of a tax credit— i ought not to have been paid, or ii has become excessive, or c an amount that a person is required to pay to WRA in respect of a tax credit has not been paid, WRA may make an assessment of the amount that ought in its opinion to be paid to WRA in order to remedy that matter. References to “WRA assessment” 56 In this Act, “ WRA assessment ” means an assessment under section 54 , 55 or 55A . Making WRA assessments References to the “taxpayer” 57 In sections 58 to 61, “ taxpayer ” means— a in relation to a WRA assessment under section 54, the person chargeable to the WRA-collected tax, b in relation to a WRA assessment under section 55 or 55A , the person mentioned there. Conditions for making WRA assessments 58 1 A WRA assessment— a may be made only in the four cases specified in subsections (2), (3) , (3A) and (3B) , and b may not be made in the circumstances specified in subsection (4). 2 The first case is where the situation mentioned in section 54 or 55 was brought about carelessly or deliberately by— a the taxpayer, b a person acting on the taxpayer's behalf, or c a person who was a partner in the same partnership as the taxpayer. 3 The second case is where— a a tax return has been made, b WRA has ceased to be entitled to issue a notice of enquiry into the return, or has completed its enquiries into it, and c at the time when WRA ceased to be so entitled or completed those enquiries, it could not reasonably have been expected to be aware of the situation mentioned in section 54 or 55 on the basis of information made available to WRA before that time. 3A The third case is where WRA makes an adjustment under the general anti-avoidance rule (see Part 3A, in particular section 81E). 3B The fourth case is where WRA has come to the view that a situation described in section 55A has arisen. 4 No WRA assessment may be made in the first or second case if— a the situation mentioned in section 54 or 55 is attributable to a mistake in a tax return as to the basis on which the WRA-collected tax liability ought to have been calculated, and b the mistake occurred because the tax return was made on the basis prevailing, or in accordance with the practice generally prevailing, at the time it was made. 5 For the purpose of subsection (3)(c), information is regarded as made available to WRA if— a it is contained in a tax return, b it is contained in any documents produced or information provided to WRA for the purposes of an enquiry into any such return, or c it is information the existence of which— i could reasonably be expected to be inferred by WRA from information falling within paragraph (a) or (b), or ii is notified in writing to WRA by the taxpayer or a person acting on the taxpayer’s behalf. Time limits for WRA assessments 59 1 No WRA assessment may be made more than 4 years after the relevant date in any case involving a situation mentioned in section 54, 55 or 55A(a) or (b) . 2 But a WRA assessment of a taxpayer in any case involving a situation mentioned in section 54 , 55 or 55A(a) or (b) brought about carelessly by the taxpayer or a related person may be made up to 6 years after the relevant date. 3 And a WRA assessment of a taxpayer in any case involving a situation mentioned in section 54 , 55 or 55A(a) or (b) brought about deliberately by the taxpayer or a related person may be made up to 20 years after the relevant date. 4 A WRA assessment under section 55 is not out of time if it is made within the period of 12 months beginning with the day on which the repayment in question was made. 4A No WRA assessment may be made in a case involving a situation mentioned in section 55A(c)— a if WRA has issued a notice to the taxpayer requiring payment of the amount in question, after the period of 12 months beginning with the day after that by which the payment was required, and b otherwise, after the period of 12 months beginning with the day on which WRA became aware that the taxpayer was required to pay the amount in question. 5 If the taxpayer has died— a any WRA assessment on the personal representatives must be made before the end of the period of 4 years beginning with the date of the death, and b a WRA assessment is not to be made in respect of a relevant date more than 6 years before that date. 6 Any objection to the making of a WRA assessment on the ground that the time limit for making it has expired can only be made on a review of or appeal against the assessment. 7 In this section— “ related person ” (“ person cysylltiedig ”), in relation to the taxpayer, means— a person acting on the taxpayer's behalf, or a person who was a partner in the same partnership as the taxpayer; “ relevant date ” (“ dyddiad perthnasol ”) , in relation to a WRA assessment in a case involving a situation mentioned in section 54 or 55, means— if a tax return has not been made, the date by which WRA believes a tax return was required to be made, if a tax return was made after the filing date, the day on which the tax return was made, or otherwise, the filing date. “relevant date” ( “dyddiad perthnasol ”), in relation to a WRA assessment in a case involving a situation mentioned in section 55A(a) or (b), means— where the tax credit in question was claimed in a tax return made on or before the filing date, the filing date; where the tax credit in question was claimed in a tax return made after the filing date, the day on which the tax return was made; where the tax credit in question was claimed by any other means, the day on which the claim was made. Situations brought about carelessly or deliberately 60 1 This section applies for the purposes of sections 58 and 59. 2 A situation is brought about carelessly by a person if the person fails to take reasonable care to avoid bringing about that situation. 3 Where— a information is provided to WRA, b the person who provided the information, or the person on whose behalf it was provided, discovers some time later that the information was inaccurate, and c that person fails to take reasonable steps to inform WRA, any situation brought about by the inaccuracy is to be treated as having been brought about carelessly by that person. 4 References to a situation brought about deliberately by a person include a situation brought about as a result of a deliberate inaccuracy in a document given to WRA. Assessment procedure 61 1 Notice of a WRA assessment must be issued to the taxpayer. 2 The amount payable in accordance with a WRA assessment must be paid before the end of the period of 30 days beginning with the day on which the notice of the assessment is issued. 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CHAPTER 7 RELIEF IN CASE OF EXCESSIVE ASSESSMENT OR OVERPAID TAX Double assessment Claim for relief in case of double assessment 62 A person who believes that a WRA-collected tax has been assessed on that person more than once in respect of the same matter may make a claim to WRA for relief against any double charge. Overpaid tax etc. Claim for relief for overpaid tax etc. 63 1 This section applies where— a a person has paid an amount by way of a WRA-collected tax but believes the WRA-collected tax was not chargeable, or b a person has been assessed as chargeable to an amount of a WRA-collected tax, or a WRA determination has been made that a person is chargeable to an amount of a WRA-collected tax, but the person believes the WRA-collected tax is not chargeable. 2 The person may make a claim to WRA for the amount to be repaid or discharged. 3 Where this section applies, WRA is not liable to give relief except as provided in this Part or by or under any other provision of the Welsh Tax Acts . 4 For the purposes of this section and sections 63A to 81, an amount paid by one person on behalf of another is treated as paid by the other person. Claim for relief in respect of land transaction tax: regulations ceasing to have effect 63A 1 If— a by virtue of section 26(2) of LTTA the tax bands and tax rates specified in rejected regulations apply to a chargeable transaction, and b in consequence, the amount of land transaction tax chargeable in respect of the transaction is greater than the amount that would otherwise have been chargeable, the buyer in the transaction may make a claim to WRA for the discharge or repayment of the amount of land transaction tax that would not have been chargeable had the rejected regulations not been made. 2 Where WRA decides to give effect to a claim under subsection (1) it must also discharge or repay any penalty or interest related to the amount of tax discharged or repaid. 3 Any penalty or interest is related to an amount of tax for this purpose to the extent that it— a is attributable to the amount, and b would not have been incurred but for the application to the transaction in question of the tax bands and tax rates specified in the rejected regulations. 4 A claim under subsection (1) must be made before the end of the period of 12 months beginning with the later of— a the date on which the rejected regulations cease to have effect, or b the filing date for a tax return containing an assessment of tax chargeable calculated using the tax bands and tax rates specified in the rejected regulations. 5 A claim under subsection (1) is to be treated as if it were an amendment made under section 41 to the assessment of tax chargeable contained in a tax return. 6 In this section— “ "chargeable transaction” ” (“ " trafodiad trethadwy ”") has the meaning given by section 17 of LTTA; “ "rejected regulations” ” (“ " rheoliadau a wrthodir ”") has the meaning given by section 26(1)(a) of that Act. Unjustified enrichment Disallowing claims for relief due to unjustified enrichment 64 WRA need not give effect to a claim for relief made under section 63 or 63A if, or to the extent that, repayment or discharge of the amount would unjustly enrich the claimant. Unjustified enrichment: further provision 65 1 This section applies where— a there is an amount paid by way of a WRA-collected tax which (apart from section 64) would fall to be repaid or discharged to any person (“the taxpayer”), and b the whole or a part of the cost of the payment of that amount to WRA has, for practical purposes, been borne by a person other than the taxpayer. 2 Where, in a case to which this section applies, loss or damage has been or may be incurred by the taxpayer as a result of mistaken assumptions made in the taxpayer's case about the operation of any provisions relating to a WRA-collected tax, that loss or damage is to be disregarded, except to the extent of the quantified amount, in the making of any determination— a of whether or to what extent the repayment or discharge of an amount to the taxpayer would enrich the taxpayer, or b of whether or to what extent any enrichment of the taxpayer would be unjust. 3 In subsection (2) “ the quantified amount ” means the amount (if any) which is shown by the taxpayer to constitute the amount that would appropriately compensate the taxpayer for loss or damage shown by the taxpayer to have resulted to the taxpayer from the making of the mistaken assumptions. 4 The reference in subsection (2) to provisions relating to a WRA-collected tax is a reference to any provisions of— a any enactment or assimilated direct legislation (whether or not still in force) which relates to the WRA-collected tax or to any matter connected with it, or b any notice published by WRA under or for the purposes of any such enactment. Unjustified enrichment: reimbursement arrangements 66 1 The Welsh Ministers may by regulations make provision for reimbursement arrangements made by any person to be disregarded for the purposes of section 64 except where the arrangements— a contain such provision as may be prescribed by the regulations, and b are supported by such undertakings to comply with the provisions of the arrangements as may be required by the regulations to be given to WRA. 2 In this section, “ reimbursement arrangements ” means any arrangements for the purposes of a claim under section 63 or 63A which— a are made by any person for the purpose of securing that the person is not unjustly enriched by the repayment or discharge of any amount in pursuance of the claim, and b provide for the reimbursement of persons who have for practical purposes borne the whole or any part of the cost of the original payment of that amount to WRA. 3 The provision that may be prescribed by regulations under this section to be contained in reimbursement arrangements includes in particular— a provision requiring a reimbursement for which the arrangements provide to be made within such period after the repayment to which it relates as may be specified in the regulations; b provision for the repayment of amounts to WRA where those amounts are not reimbursed in accordance with the arrangements; c provision requiring interest paid by WRA on any amount repaid by it to be treated in the same way as that amount for the purposes of any requirement under the arrangements to make reimbursement or to repay WRA; d provision requiring such records relating to the carrying out of the arrangements as may be described in the regulations to be kept and produced to WRA. 4 Regulations under this section may impose obligations on persons specified in the regulations— a to make the repayments to WRA that they are required to make in pursuance of any provisions contained in any reimbursement arrangements by virtue of subsection (3)(b) or (c); b to comply with any requirements contained in any such arrangements by virtue of subsection (3)(d). 5 Regulations under this section may make provision for the form and manner in which, and the times at which, undertakings are to be given to WRA in accordance with the regulations and any such provision may allow for those matters to be determined by WRA in accordance with the regulations. 6 Regulations under this section may make provision for penalties where a person breaches an obligation imposed by virtue of subsection (4). 7 The regulations may in particular make provision— a about the circumstances in which liability to a penalty is incurred; b about the amounts of penalties; c for fixed penalties, daily penalties and penalties calculated by reference to the amount of repayments which the person would have been liable to make to WRA if the obligation had been breached; d about the procedure for assessing penalties; e about reviews of or appeals against penalties; f about enforcing penalties. 8 But the regulations may not create criminal offences. 9 Regulations made by virtue of subsection (6) may amend any enactment (including this Act). 10 Regulations so made do not apply to a failure beginning before the day on which the regulations come into force. Other grounds for disallowing claims Cases in which WRA need not give effect to a claim 67 1 WRA need not give effect to a claim for relief made under section 63 if, or to the extent that, the claim falls within a case described in this section. 2 Case 1 is where the amount of a WRA-collected tax paid, or liable to be paid, is excessive because of— a a mistake in a claim or election , or b a mistake consisting of making, or failing to make, a claim or election . 2A In subsection (2), “ "election” ” means an election made under paragraph 3, 5 or 12 of Schedule 15 to LTTA (social housing reliefs). 3 Case 2 is where the claimant is or will be able to seek relief by taking other steps under this Part. 4 Case 3 is where the claimant— a could have sought relief by taking such steps within a period that has now expired, and b knew or ought reasonably to have known, before the end of that period, that such relief was available. 5 Case 4 is where the claim is made on grounds that— a have been put to the tribunal in the course of an appeal by the claimant relating to the amount paid or liable to be paid, or b have been put to WRA in the course of a review by the claimant relating to the amount paid or liable to be paid that is treated as having been determined by the tribunal by virtue of section 184. 6 Case 5 is where the claimant knew, or ought reasonably to have known, of the grounds for the claim before the latest of the following— a the day on which a relevant appeal in the course of which the ground could have been put forward was determined by the tribunal (or is treated as having been so determined); b the day on which the claimant withdrew a relevant appeal to the tribunal; c the end of the period in which the claimant was entitled to make a relevant appeal to the tribunal. 7 In subsection (6), “ relevant appeal ” means an appeal by the claimant relating to the amount paid or liable to be paid. 8 Case 6 is where the amount in question was paid or is liable to be paid— a in consequence of proceedings enforcing the payment of that amount brought against the claimant by WRA, or b in accordance with an agreement between the claimant and WRA settling such proceedings. 9 Case 7 is where— a the amount paid, or liable to be paid, is excessive by reason of a mistake in calculating the claimant's liability to WRA-collected tax, and b the mistake occurred because liability was calculated in accordance with the practice generally prevailing at the time. 10 Case 7 does not apply where the amount paid, or liable to be paid, is WRA-collected tax which has been charged contrary to EU law. 11 For the purposes of subsection (10), an amount of WRA-collected tax is charged contrary to EU law if, ...— a in the circumstances in question, the charge to WRA-collected tax is contrary to the provisions relating to the free movement of goods, persons, services and capital in Titles II and IV of Part 3 of the Treaty on the Functioning of the European Union, and b at the time the tax is charged, the rights conferred by those provisions are recognised and available in domestic law by virtue of the European Union (Withdrawal) Act 2018 (c. 16) or any provision made under that Act. 12 Case 8 is where— a the claim is made in respect of an amount of landfill disposals tax, and b an amount of landfill disposals tax that the claimant is required to pay has not been paid. CHAPTER 8 PROCEDURE FOR MAKING CLAIMS ETC. Making claims 68 1 A claim under section 62 , 63 or 63A must be made in such form as WRA may determine. 2 The form of claim must provide for a declaration to the effect that all the particulars given in the form are correctly stated to the best of the claimant's information and belief. 3 The form of claim may require— a a statement of the amount of WRA-collected tax that will be required to be discharged or repaid in order to give effect to the claim; b such information as is reasonably required for the purpose of determining whether and, if so, the extent to which the claim is correct; c the delivery with the claim of such statements and documents, relating to the information contained in the claim, as are reasonably required for the purpose mentioned in paragraph (b). 4 A claim for repayment of WRA-collected tax may not be made unless the claimant has documentary evidence that the WRA-collected tax has been paid. 5 A claim under section 63 may not be made by being included in a tax return. Duty to keep and preserve records 69 1 A person making a claim under section 62 , 63 or 63A must— a have kept any records that are needed to enable the person to make a correct and complete claim, and b preserve those records in accordance with this section. 2 The records must be preserved until the latest of the following— a (except where paragraph (b) or (c) applies) the end of the period of 12 months beginning with the day on which the claim was made; b where there is an enquiry into the claim, or into an amendment of the claim, the day on which the enquiry is completed; c where the claim is amended and there is no enquiry into the amendment, the day on which WRA ceases to have power to enquire into the amendment. 3 The Welsh Ministers may by regulations— a provide that the records required to be kept and preserved under this section include, or do not include, records of a description prescribed by the regulations; b prescribe descriptions of supporting documents that are required to be kept under this section. 4 Regulations under this section may make provision by reference to things specified in a notice published by WRA in accordance with the regulations (and not withdrawn by a subsequent notice). 5 “ Supporting documents ” includes accounts, books, deeds, contracts, vouchers and receipts. Preservation of information etc. 70 The duty under section 69 to preserve records may be satisfied— a by preserving them in any form and by any means, or b by preserving the information contained in them in any form and by any means, subject to any conditions or exceptions prescribed by regulations made by the Welsh Ministers. Amendment of claim by claimant 71 1 A person who has made a claim under section 62 , 63 or 63A may amend the claim by giving notice to WRA. 2 No such amendment may be made— a more than 12 months after the day on which the claim was made, or b if WRA issues a notice under section 74, during the period— i beginning with the day on which the notice is issued, and ii ending with the day on which the enquiry under that section is completed. Correction of claim by WRA 72 1 WRA may by issuing notice to the claimant amend a claim so as to correct obvious errors or omissions in the claim (whether errors of principle, arithmetical mistakes or otherwise). 2 No such correction may be made— a more than 9 months after the day on which the claim was made, or b if WRA issues a notice under section 74, during the period— i beginning with the day on which notice is issued, and ii ending with the day on which the enquiry under that section is completed. 3 A correction under this section has no effect if, within the period of 3 months beginning with the day following that on which the notice of correction is issued, the claimant gives a notice to WRA rejecting the correction. Giving effect to claims and amendments 73 1 As soon as practicable after a claim is made, amended or corrected— a WRA must issue notice of its decision to the claimant, and b where WRA decides to give effect to the claim or amendment (whether in part or in full), it must do so by discharge or repayment of WRA-collected tax. 2 Where WRA enquires into a claim or amendment— a subsection (1) does not apply until a closure notice is issued under section 75, and then it applies subject to section 77, but b WRA may at any time before then give effect to the claim or amendment, on a provisional basis, to such extent as it thinks fit. Notice of enquiry 74 1 WRA may enquire into a person's claim or amendment of a claim if it issues to the claimant notice of its intention to do so (a “notice of enquiry”) before the end of the period of 12 months beginning with the day after the day on which the claim or amendment was made. 2 A claim or amendment that has been the subject of one notice of enquiry may not be the subject of another. Completion of enquiry 75 1 An enquiry is completed when WRA issues a notice (a “closure notice”) to the claimant stating— a that the enquiry is complete, and b the conclusions reached in the enquiry. 2 A closure notice must either— a state that in the opinion of WRA no amendment of the claim is required, or b if in WRA's opinion the claim is insufficient or excessive, amend the claim so as to make good or eliminate the deficiency or excess. 3 In the case of an enquiry into an amendment of a claim, subsection (2)(b) applies only so far as the deficiency or excess is attributable to the amendment. Direction to complete enquiry 76 1 The claimant may make an application to the tribunal for a direction that a closure notice is to be issued within a specified period. 2 The tribunal must give a direction unless satisfied that WRA has reasonable grounds for not issuing a closure notice within the specified period. Giving effect to amendments under section 75 77 1 Within 30 days after the day on which a notice under section 75(2)(b) is issued WRA must give effect to the amendment by making such adjustment as may be necessary, whether— a by way of assessment on the claimant, or b by discharge or repayment of WRA-collected tax. 2 An assessment made under subsection (1) is not out of time if it is made within the time mentioned in that subsection. Time limit for making claims 78 A claim under section 62 or 63 must be made within the period of 4 years beginning with the day after the filing date for the tax return to which the payment by way of WRA-collected tax, or the assessment or determination, relates. The claimant: partnerships 79 1 This section is about the application of section 63 in a case where either— a (in a case falling within section 63(1)(a)) the person paid the amount in question in the capacity of a partner in a partnership, or b (in a case falling within section 63(1)(b)) the assessment was made on, or the determination related to the liability of, the person in such a capacity. 2 In such a case, only a relevant person who has been nominated to do so by all of the relevant persons may make a claim under section 63 in respect of the amount in question. 3 The relevant persons are the persons who would have been liable as partners to pay the amount in question had the payment been due or (in a case falling within section 63(1)(b)) had the assessment or determination been correctly made. Assessment of claimant in connection with claim 80 1 This section applies where— a a claim is made under section 63, b the grounds for giving effect to the claim also provide grounds for a WRA assessment on the claimant in respect of the WRA-collected tax, and c such an assessment could be made but for a relevant restriction. 2 In a case falling within section 79(1)(a) or (b), the reference to the claimant in subsection (1)(b) of this section includes any relevant person (as defined in section 79(3)). 3 The following are relevant restrictions— a section 58; b the end of a time limit for making a WRA assessment. 4 Where this section applies— a the relevant restrictions are to be disregarded, and b the WRA assessment is not out of time if it is made before the final determination of the claim. 5 A claim is not finally determined until— a the claim, or b the amount to which it relates, can no longer be varied (whether on review, appeal or otherwise). Contract settlements 81 1 In section 63(1)(a), the reference to an amount paid by a person by way of WRA-collected tax includes an amount paid by a person under a contract settlement in connection with WRA-collected tax believed to be payable. 1A In section 63A(1), the reference to repayment of an amount of land transaction tax includes repayment of an amount paid by a person under a contract settlement in connection with that amount of land transaction tax. 2 The following provisions apply if the person who paid the amount under the contract settlement (“the payer”) and the person by whom the WRA-collected tax was payable (“the taxpayer”) are not the same person. 3 In relation to a claim under section 63 in respect of that amount— a the references to the claimant in section 67(5), (6) and (8) have effect as if they included the taxpayer, and b the references to the claimant in sections 67(9) and 80(1)(b) have effect as if they were references to the taxpayer. 4 In relation to a claim under section 63 or 63A in respect of that amount, references to WRA-collected tax in sections 68, 73 and 77 include the amount paid under the contract settlement. 5 Where the grounds for giving effect to a claim by the payer in respect of the amount also provide grounds for a WRA assessment on the taxpayer in respect of the WRA-collected tax— a WRA may set any amount repayable to the payer as a result of the claim against any amount payable by the taxpayer as a result of the assessment, and b the obligations of WRA and the taxpayer are discharged to the extent of the set-off. PART 3A GENERAL ANTI-AVOIDANCE RULE : DEVOLVED TAXES Overview Meaning of ““general anti-avoidance rule”” and overview 81A 1 This Part makes provision , relating to devolved taxes, for counteracting tax advantages arising from artificial tax avoidance arrangements, including provision— a about the meaning of ““tax avoidance arrangement””, ““artificial”” and ““tax advantage”” (sections 81B to 81D); b about WRA's power to make adjustments to counteract tax advantages and the steps to be taken by WRA in connection with such adjustments (sections 81E to 81G). 2 The rules in this Part are collectively to be known as “ "the general anti-avoidance rule” ”. Artificial tax avoidance arrangements Tax avoidance arrangements 81B 1 For the purposes of this Part, an arrangement is a ““tax avoidance arrangement”” if the obtaining of a tax advantage for any person is the main purpose, or one of the main purposes, of a devolved taxpayer entering into the arrangement. 2 In determining whether the main purpose, or one of the main purposes, of an arrangement is the obtaining of a tax advantage regard may in particular be had to the amount of devolved tax that would have been chargeable in the absence of the arrangement. 3 In this Part— a an “ "arrangement” ” includes any transaction, scheme, action, operation, agreement, grant, understanding, promise, undertaking, event or any series of any of those things (whether legally enforceable or not); b references to an arrangement are to be read as including— i a series of arrangements, and ii any part or stage of an arrangement comprised of more than one part or stage; c “ " devolved taxpayer” ” means a person liable to devolved tax or who would be liable but for the tax avoidance arrangement in question. Artificial tax avoidance arrangements 81C 1 For the purposes of this Part, a tax avoidance arrangement is ““artificial”” if the entering into or carrying out of it is not a reasonable course of action in relation to the provisions of Welsh tax legislation applying to the arrangements. 2 In determining whether the tax avoidance arrangement is artificial, regard may in particular be had— a to any genuine economic or commercial substance to the arrangement (other than the obtaining of a tax advantage); b as to whether the arrangement results in an amount of tax chargeable that it is reasonable to assume was not the anticipated result when the relevant provision of Welsh tax legislation was enacted. 3 But an arrangement is not artificial if, at the time it was entered into or carried out— a the arrangement was consistent with generally prevailing practice, and b WRA had indicated its acceptance of that practice. 4 Where a tax avoidance arrangement forms part of any other arrangements, regard must also be had to those other arrangements in determining whether the tax avoidance arrangement is artificial. 5 In this section, “ "Welsh tax legislation” ” means— a the Welsh Tax Acts, and b any subordinate legislation (within the meaning of section 21 of the Interpretation Act 1978 (c. 30)) made under those Acts. Meaning of ““tax”” and “tax advantage 81D For the purposes of this Part— “ "tax” ” (“ " treth ”") means any devolved tax; “ "tax advantage” ” (“ " mantais drethiannol ”") means— relief or increased relief from tax, repayment or increased repayment of tax, avoidance or reduction of a charge to tax, deferral of a payment of tax or advancement of a repayment of tax, ... avoidance of an obligation to deduct or account for tax , and tax credit or increased tax credit. Counteracting tax advantages Adjustments to counteract tax advantages 81E 1 WRA may make such adjustments as it considers just and reasonable to counteract a tax advantage that would (ignoring this Part) arise from an artificial tax avoidance arrangement. 2 An adjustment may be made in respect of the devolved tax in question or any other devolved tax. 3 An adjustment must be made— a where the adjustment relates to a tax return in respect of which an enquiry is in progress, by amending the return in a closure notice issued under section 50; b otherwise by means of a WRA assessment. 4 WRA may not make an adjustment unless it has complied with the requirements of sections 81F and 81G. Notice of proposed counteraction 81F 1 WRA may issue a notice (a ““proposed counteraction notice””) to a devolved taxpayer if WRA considers— a that a tax advantage has arisen to a person from an artificial tax avoidance arrangement, and b that the tax advantage should be counteracted by means of an adjustment under section 81E. 2 A proposed counteraction notice must— a specify the tax avoidance arrangement and the tax advantage, b explain why WRA considers that a tax advantage has arisen from an artificial tax avoidance arrangement, c set out the adjustment that WRA proposes to make in order to counteract the tax advantage, d specify any amount that the devolved taxpayer will be required to pay in accordance with the proposed WRA assessment, and e inform the devolved taxpayer— i that a final counteraction notice is to be issued after the expiry of the period of 45 days beginning with the day on which the proposed counteraction notice is issued, ii that the devolved taxpayer may request that WRA extend that 45 day period, and iii that the devolved taxpayer may make written representations to WRA at any time before the final counteraction notice is issued. Final counteraction notice 81G 1 WRA must, after the expiry of the 45 day period mentioned in section 81F(2)(e)(i) or such longer period as WRA has agreed to, issue a notice (a ““final counteraction notice””) to the devolved taxpayer. 2 A final counteraction notice must state whether the tax advantage arising from the tax avoidance arrangement is to be counteracted by means of an adjustment under section 81E. 3 In determining whether the tax advantage is to be counteracted WRA must have regard to any written representations made by the devolved taxpayer. 4 If a final counteraction notice states that a tax advantage is to be counteracted by means of an adjustment the notice must also— a specify the adjustment required to give effect to the counteraction, b where the adjustment relates to a tax return in respect of which an enquiry is in progress, specify the amendment of the return which is to be included in the closure notice issued under section 50 when WRA reaches it conclusions in the enquiry, c where paragraph (b) does not apply— i be accompanied by the WRA assessment which gives effect to the adjustment, or ii where a WRA assessment giving effect to the adjustment has been made, specify that assessment, and d specify any amount that the devolved taxpayer— i will be required to pay as a result of the amendment specified under paragraph (b), or ii is required to pay in accordance with the WRA assessment mentioned in paragraph (c). 5 If a final counteraction notice states that a tax advantage is not to be counteracted it must state the reasons for WRA's decision. Proceedings before a court or tribunal Proceedings in connection with the general anti-avoidance rule 81H In proceedings before a court or the tribunal in connection with the general anti-avoidance rule, it is for WRA to show— a that there is an artificial tax avoidance arrangement, and b that the adjustments made (or to be made) to counteract the tax advantage arising from the arrangement are just and reasonable. Commencement and transitional provision General anti-avoidance rule: commencement and transitional provision 81I 1 The general anti-avoidance rule has effect in relation to any tax avoidance arrangement entered into on or after the date on which this Part comes into force. 2 Where a tax avoidance arrangement forms part of any other arrangements entered into before that day, those other arrangements are to be ignored for the purposes of section 81C(4) unless the result of having regard to those other arrangements would be to determine that the tax avoidance arrangement was not artificial. PART 4 INVESTIGATORY POWERS OF WRA CHAPTER 1 INTRODUCTORY Overview Overview of Part 82 This Part is arranged as follows— a Chapter 2 sets out WRA's investigatory powers in relation to information and documents, b Chapter 3 sets out restrictions on the powers in Chapter 2, c Chapter 4 sets out WRA's investigatory powers in relation to premises and other property, d Chapter 5 sets out further investigatory powers, e Chapter 6 sets out offences in relation to information notices, and f Chapter 7 is about reviews and appeals against certain tribunal approvals of information notices and inspections. Interpretation Information notices 83 1 In this Act, “ information notice ” means— a a taxpayer notice under section 86, b a third party notice under section 87, c an unidentified third party notice under section 89, d an identification notice under section 92, or e a debtor contact notice under section 93. 2 An information notice may either specify or describe the information or documents to be provided or produced. 3 If an information notice is issued with the approval of the tribunal, the notice must state that fact. Meaning of “tax position” 84 1 In this Part, “ tax position ”, in relation to a person, means the person's position as regards any WRA-collected tax, including the person's position as regards— a past, present and future liability to pay any WRA-collected tax, b penalties tax credits , interest (including interest on penalties and amounts payable in respect of tax credits ) and other amounts that have been paid, or are or may be payable, by or to the person in connection with any WRA-collected tax, and c claims or notices that have been or may be made or given in connection with the person's liability to pay any WRA-collected tax or any amount in respect of a tax credit , and references to a person's position as regards a particular WRA-collected tax (however expressed) are to be interpreted accordingly. 2 References in this Part to the tax position of a person include references to the tax position of— a an individual who has died, and b a body corporate or unincorporated association that has ceased to exist. 3 References in this Part to a person's tax position refer to the person's tax position at any time or in relation to any period, unless otherwise stated. 4 References to checking a person's tax position include references to carrying out an investigation or making an enquiry of any kind. Meaning of “prejudice to the assessment or collection of WRA-collected tax” 84A In this Part, references to prejudice to the assessment or collection of WRA-collected tax include prejudice to the assessment or collection of any amount payable in respect of a tax credit. Meaning of “carrying on a business” 85 1 In this Part, references to carrying on a business include— a carrying on any activity for the purposes of generating income from land (wherever situated), b carrying on a profession, c the activities of a charity, and d the activities of a local authority or any other public authority. 2 The Welsh Ministers may by regulations provide that for the purposes of this Part— a the carrying on of a specified activity, or b the carrying on of any activity, or a specified activity, by a specified person, is or is not to be treated as the carrying on of a business. 3 In this Act, “ charity ” has the meaning given by paragraph 2A of Schedule 18 to LTTA . CHAPTER 2 POWERS TO REQUIRE INFORMATION AND DOCUMENTS Taxpayer notices 86 1 WRA may issue a notice (a “taxpayer notice”) requiring a person (“the taxpayer”) to provide information or produce a document if— a WRA requires the information or document for the purpose of checking the taxpayer's tax position, b it is reasonable to require the taxpayer to provide the information or produce the document, and c nothing in sections 97 to 102 prevents WRA from requiring the taxpayer to provide the information or produce the document. 2 Before issuing a taxpayer notice WRA may (but need not, subject to section 97(2)) apply to the tribunal for approval to issue the notice. Third party notices 87 1 WRA may issue a notice (a “third party notice”) requiring a person to provide information or produce a document if— a WRA requires the information or document for the purpose of checking the tax position of another person (“the taxpayer”) whose identity is known to WRA, b it is reasonable to require the person to provide the information or produce the document, and c nothing in sections 97 to 102 prevents WRA from requiring the person to provide the information or produce the document. 2 But WRA may not issue a third party notice without— a the agreement of the taxpayer, or b the approval of the tribunal. 3 The taxpayer to whom a third party notice relates must— a be named in the notice, and b be issued with a copy of the notice by WRA. 4 But when it approves a third party notice, the tribunal may disapply one or both of the requirements of subsection (3) if it is satisfied that WRA has grounds for believing that naming the taxpayer or, as the case may be, issuing the taxpayer with a copy of the notice might seriously prejudice the assessment or collection of WRA-collected tax. Tribunal approval of taxpayer notices and third party notices 88 1 WRA may apply to the tribunal for approval to issue a taxpayer notice or a third party notice to a person (“ the recipient ”) without notice of the application being sent to the recipient. 2 Where notice of the application for approval is not sent to the recipient, the tribunal may approve the issuing of the taxpayer notice or third party notice only if it is satisfied— a that— i in the case of a taxpayer notice, the requirements of section 86(1), or ii in the case of a third party notice, the requirements of section 87(1), have been met, and b that sending notice of the application for approval to the recipient might have prejudiced the assessment or collection of WRA-collected tax. 3 Where the recipient has been notified of the application for approval, the tribunal may approve the issuing of the taxpayer notice or third party notice only if— a it is satisfied that— i in the case of a taxpayer notice, the requirements of section 86(1), or ii in the case of a third party notice, the requirements of section 87(1), have been met, b the recipient has been told that the information or documents referred to in the taxpayer notice or third party notice are required and has been given a reasonable opportunity to make representations to WRA, c the tribunal has been provided with a summary of any representations made, and d in the case of a third party notice, the taxpayer has been provided with a summary of the reasons why WRA requires the information or documents. 4 But the tribunal may disapply the requirements of paragraph (b) or (d) of subsection (3) to the extent that it is satisfied that taking the action specified in the paragraph might prejudice the assessment or collection of WRA-collected tax. 5 In approving the issuing of a taxpayer notice or third party notice, the tribunal may make such modifications to the notice as it thinks appropriate. Power to require information and documents about persons whose identity is not known 89 1 WRA may issue a notice (an “unidentified third party notice”) requiring a person (“ the recipient ”) to provide information or produce a document if— a WRA requires the information or document for the purpose of checking the tax position of— i a person whose identity is not known to WRA, or ii a class of persons whose individual identities are not known to WRA, b it is reasonable to require the recipient to provide the information or produce the document, c nothing in sections 97 to 102 prevents WRA from requiring the recipient to provide the information or produce the document, and d the tribunal has approved the issuing of the notice. 2 An application for approval may be made without notice. 3 The tribunal may approve the issuing of the unidentified third party notice only if it is satisfied that— a the requirements of subsection (1)(a) to (c) have been met, b the information or document to which the notice relates is not readily available to WRA from another source, c there are grounds for believing that the person or any of the class of persons to whom the notice relates may have failed or may fail to comply with any provision of the law relating to a WRA-collected tax, and d any such failure is likely to have led or to lead to serious prejudice to the assessment or collection of WRA-collected tax. 4 In approving the issuing of an unidentified third party notice, the tribunal may make such modifications to the notice as it thinks appropriate. Requiring information and documents in relation to a group of undertakings 90 1 This section applies where an undertaking is a parent undertaking in relation to a subsidiary undertaking . 2 Where a third party notice is issued to any person for the purpose of checking the tax position of a parent undertaking and any of its subsidiary undertakings— a the references in sections 87(2)(a), (3) and (4) and 88(3)(d) to the taxpayer have effect as if they were references to the parent undertaking, and b section 87(3) is to be treated as also requiring the notice to state its purpose. 3 Where a third party notice is issued to a parent undertaking for the purpose of checking the tax position of more than one subsidiary undertaking— a the notice must state its purpose, b sections 87(2)(a) and (3) and 88(3)(d) do not apply, and c section 100 (taxpayer notices following a tax return) applies as if the third party notice were a taxpayer notice issued to each subsidiary undertaking (or, if the third party notice names the subsidiary undertakings to which it relates, to each of those undertakings). 4 In this section, “ parent undertaking ”, “ subsidiary undertaking ” and “ undertaking ” have the meanings given in sections 1161 and 1162 of, and Schedule 7 to, the Companies Act 2006 (c. 46), but in the application of this section in relation to land transaction tax, section 1161(1)(b) of that 2006 Act has effect as if the words ““carrying on a trade or business, with or without a view to profit”” were omitted. Requiring information and documents in relation to a partnership 91 1 This section applies where a business is carried on by two or more persons in partnership. 2 Where a third party notice is issued to someone other than one of the partners for the purpose of checking the tax position of more than one of the partners (in their capacity as such)— a section 87(3) is to be treated as requiring WRA to— i state that purpose, ii name the taxpayer by giving a name by which the partnership is known or under which it is registered for any purpose, and iii issue a copy of the notice to at least one of the partners, b section 87(4) is to be treated as permitting the tribunal to disapply any or all of the requirements mentioned in paragraph (a) of this subsection, and c the references to the taxpayer in sections 87(2)(a) and 88(3)(d) have effect as if they were references to at least one of the partners. Power to obtain information to enable a person's identity to be ascertained 92 1 WRA may issue a notice (an “identification notice”) requiring a person to provide relevant information about another person (“the taxpayer”) only if the tribunal has approved the issuing of the notice. 2 An application for approval may be made without notice. 3 The tribunal may approve the issuing of the identification notice only if it is satisfied that conditions 1 to 6 are met. 4 Condition 1 is that WRA requires the information for the purpose of checking the tax position of the taxpayer. 5 Condition 2 is that it is reasonable to require the person to provide the relevant information. 6 Condition 3 is that WRA— a does not know the taxpayer's identity, but b holds information from which the taxpayer's identity can be ascertained. 7 Condition 4 is that WRA has grounds for believing— a that the person will be able to ascertain the identity of the taxpayer from the information held by WRA, and b that the person obtained relevant information about the taxpayer in the course of carrying on a business. 8 Condition 5 is that the taxpayer's identity cannot readily be ascertained by other means from the information held by WRA. 9 Condition 6 is that nothing in sections 97 to 102 prevents WRA from requiring the person to provide the relevant information. 10 In this section, “ relevant information ” means all or any of the following— a name, b last known address, and c date of birth (in the case of an individual). 11 This section also applies for the purpose of checking the tax position of a class of persons (and references to the taxpayer are to be read accordingly). Power to obtain contact details for debtors 93 1 WRA may issue a notice (a “debtor contact notice”) requiring a person (“ the third party ”) to provide contact details for another person (“ the debtor ”) only if conditions 1 to 5 are met. 2 Condition 1 is that an amount by way of— a WRA-collected tax, b interest on WRA-collected tax, c a penalty relating to WRA-collected tax, ... d interest on a penalty relating to WRA-collected tax, e a payment in respect of a tax credit, or f interest on a payment in respect of a tax credit, is payable by the debtor to WRA under an enactment or contract settlement. 3 Condition 2 is that WRA requires contact details for the debtor for the purpose of collecting that amount. 4 Condition 3 is that it is reasonable to require the third party to provide the details. 5 Condition 4 is that— a the third party is a body corporate or unincorporated association, or b WRA has grounds for believing that the third party obtained the details in the course of carrying on a business. 6 Condition 5 is that nothing in sections 97 to 102 prevents WRA from requiring the third party to provide the details. 7 But WRA may not issue a debtor contact notice if— a the third party is a charity and obtained the details in the course of providing services free of charge, or b the third party is not a charity but obtained the details in the course of providing services on behalf of a charity that are free of charge to the recipient of the service. 8 In this section, “ contact details ”, in relation to a person, means the person's address and any other information about how the person may be contacted. Time limit for issuing a tribunal approved information notice 94 Where the tribunal has approved the issuing of an information notice WRA must issue the notice— a no later than 3 months after the day on which the tribunal's approval was given, or b within such shorter period as the tribunal may specify when giving the approval. Complying with an information notice 95 1 A person to whom an information notice is issued must comply with the notice— a within the period specified in the notice (or such longer period as may be agreed to by WRA and the person) , and b in such manner as is specified or described in the notice. 2 But if the person has requested a review of, or made an appeal against, the notice or a requirement in it, subsection (1)(a) ceases to apply to the notice or the requirement. 3 Where an information notice requires a person to produce a document, it must be produced— a at a place agreed to by that person and WRA, or b at a place which WRA may specify. 4 WRA must not specify for the purpose of subsection (3)(b) a place that is used solely as a dwelling. 5 The production of a document in compliance with an information notice is not to be regarded as breaking any lien claimed on the document. Producing copies of documents 96 1 Unless an information notice requires a person to produce an original document, the person may comply with the notice by producing a copy of the document. 2 Subsection (1) is subject to any conditions or exceptions specified in regulations made by the Welsh Ministers. 3 Where a person complies with a notice by producing a copy of the document, WRA may subsequently require that person to produce the original document— a within such period, and b in such manner, as WRA may specify. 4 But a person is not required to produce the original document if a request is made by WRA more than 6 months after the day on which the copy of the document was produced. CHAPTER 3 RESTRICTIONS ON POWERS IN CHAPTER 2 Information notices: general restrictions 97 1 An information notice requires a person to produce a document only if it is in the person's possession or power. 2 An information notice may not require a person to produce a document if the whole of the document originates more than 6 years before the day on which the notice is issued, unless the notice is issued with the approval of the tribunal. 3 An information notice issued for the purpose of checking the tax position of a person who has died may not be issued more than 4 years after the person's death. 4 An information notice may not require a person to provide information or produce a document (or any part of a document) that relates to the conduct of a pending review or appeal relating to any tax (whether or not a WRA-collected tax). Protection for journalistic material 98 1 An information notice may not require a person to provide or produce journalistic material. 2 “ Journalistic material ” means information or a document which is— a in the possession of someone who created or acquired it for the purposes of journalism, or b in the possession of someone who received it from another person who intended the recipient to use it for the purposes of journalism. Protection for personal records 99 1 An information notice may not require a person to provide or produce personal records or information contained in personal records. 2 But an information notice may require a person— a to produce a document (or a copy of a document) that is a personal record, omitting the information which (either alone or with other information) makes the document a personal record; b to provide information contained in a document which is a personal record, other than the information which (either alone or with other information) makes the document a personal record. 3 “ Personal records ” means documentary and other records concerning an individual (“P”) (whether living or dead) who can be identified from those records and relating to— a P's physical or mental health, b spiritual counselling or assistance given or to be given to P, or c counselling or assistance given or to be given to P in relation to P's personal welfare by a person who— i by reason of an office or occupation has responsibilities for P's personal welfare, or ii by reason of an order of a court has responsibilities for P's supervision. Taxpayer notices following a tax return 100 1 Where a person has made a tax return for a tax period, a taxpayer notice may not be issued for the purpose of checking that person's tax position for that period. 2 Where a person has made a tax return in relation to a transaction, a taxpayer notice may not be issued for the purpose of checking a person's tax position in relation to that transaction. 3 Subsections (1) and (2) do not apply where (or to the extent that) either condition 1 or 2 is met. 4 Condition 1 is that a notice of enquiry has been issued in respect of— a the tax return, or b a claim (or an amendment of a claim) made by the person in relation to the tax period or the transaction to which the return relates, and the enquiry has not been completed. 5 Condition 2 is that, as regards the person, WRA has reason to suspect that— a an amount that ought to have been assessed to a WRA-collected tax for the tax period or in relation to the transaction may not have been assessed, b an assessment to a WRA-collected tax for the tax period or in relation to the transaction may be or have become insufficient, ... c relief from a WRA-collected tax given or claimed for the tax period or in relation to the transaction may be or have become excessive, d an amount of tax credit to which the person is not entitled may have been claimed, or e a claim for tax credit may be or have become excessive. 6 Where any partner in a partnership has made a tax return, this section has effect as if that return had been made by each of the partners. 7 References in this section to a person who has made a tax return refer only to that person in the capacity in which the return was made. Protection for privileged communications between legal advisers and clients 101 1 An information notice may not require a person— a to provide privileged information, or b to produce any part of a document that is privileged. 2 Information or a document is privileged if a claim for legal professional privilege could be maintained in respect of it in legal proceedings. 3 The Welsh Ministers may by regulations make provision for the resolution by the tribunal of any dispute as to whether any information or document is privileged. 4 The regulations may, in particular, make provision for the custody of a document while its status is being determined. Protection for tax advisers and auditors 102 1 An information notice may not require a tax adviser— a to provide information about a relevant communication, or b to produce any part of a document which is the tax adviser's property and consists of a relevant communication. 2 In subsection (1)— “ relevant communication ” (“ gohebiaeth berthnasol ”) means a communication between— a tax adviser and a person in relation to whose tax affairs the tax adviser has been appointed, or the tax adviser of a person and any other tax adviser of that person, the purpose of which is the giving or obtaining of advice about the person's tax affairs; “ tax adviser ” (“ cynghorwr treth ”) means a person appointed to give advice about the tax affairs of another person (whether appointed directly by that person or by another tax adviser of that person). 3 An information notice may not require a person who has been appointed as an auditor for the purpose of an enactment— a to provide information held in connection with the performance of the person's functions under that enactment, or b to produce a document which is that person's property and which was created by that person or on that person's behalf for or in connection with the performance of those functions. 4 Subsections (1) and (3) do not have effect in relation to— a information explaining any information or document which the person to whom the notice is issued has, as tax accountant, assisted any client in preparing for, or delivering to, WRA, or b a document which contains such information. 5 In the case of an unidentified third party notice, subsections (1) and (3) do not have effect in relation to— a information giving the identity or address of a person to whom the notice relates or of a person who has acted on behalf of such a person, or b a document which contains such information. 6 Subsections (1) and (3) have effect despite subsections (4) and (5) if the information in question has already been provided, or a document containing the information has already been produced, to WRA. 7 Where subsection (1) or (3) does not have effect in relation to a document by virtue of subsection (4) or (5), an information notice that requires the document to be produced has effect as if it requires that part or those parts of the document containing the information mentioned in subsection (4) or (5) to be produced. 8 In subsection (3), “enactment” also includes an enactment (whenever enacted or made) which is, or is contained in— a an Act of the Scottish Parliament, b Northern Ireland legislation (within the meaning of the Interpretation Act 1978 (c. 30)), c a Scottish instrument (within the meaning of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)), or d a statutory instrument (within the meaning of the Interpretation Act (Northern Ireland) 1954 (c. 33)). CHAPTER 4 INSPECTIONS OF PREMISES AND OTHER PROPERTY Power to inspect business premises 103 1 If WRA has grounds for believing that the inspection of a person's business premises is required for the purpose of checking the person's tax position, WRA may enter the premises and inspect— a the premises; b business assets that are on the premises; c business documents that are on the premises (but see section 110). 2 But WRA may carry out such an inspection only with— a the agreement of the occupier of the premises, or b the approval of the tribunal. 3 An inspection may be carried out— a at a time agreed to by the occupier of the premises, or b if the inspection has been approved by the tribunal— i at a reasonable time specified in a notice issued to the occupier at least 7 days before that time, or ii at any reasonable time if the tribunal, when approving the inspection, is satisfied that WRA has grounds for believing that notifying the occupier would seriously prejudice the assessment or collection of WRA-collected tax. 4 If WRA seeks to carry out an inspection without— a the agreement of the occupier, or b issuing a notice under subsection (3)(b)(i), WRA must provide a notice at the time the inspection is to begin. 5 A notice provided under subsection (4) must— a if the occupier of the premises is present, be provided to the occupier; b if the occupier is not present but there is a person present who appears to WRA to be in charge of the premises, be provided to that person; c in any other case, be left in a prominent place on the premises. 6 A notice issued under subsection (3)(b)(i), or provided under subsection (4), must state— a that the inspection has been approved by the tribunal, and b the possible consequences of obstructing a person exercising WRA's functions. 7 The powers under this section do not include power to enter or inspect any part of the premises that is used solely as a dwelling. 8 An inspection of premises is not to be carried out under this section if WRA has the power to carry out the inspection under section 103B. Further power to inspect business premises: landfill disposals tax 103A 1 If WRA has grounds for believing that the following conditions are met, WRA may enter a person's business premises and inspect— a the premises; b business assets that are on the premises; c relevant business documents that are on the premises (but see section 110). 2 The first condition is that the person is or has been involved in any capacity with a disposal of material that is or may be a taxable disposal. 3 The second condition is that the inspection of the premises is required for the purpose of checking the position of another person as regards landfill disposals tax in respect of the disposal concerned. 4 Subsections (2) to (7) of section 103 apply in respect of an inspection under this section as they apply in respect of an inspection under section 103(1). 5 In this section, “ relevant business documents ” means business documents that relate to matters relevant to the position of a person as regards landfill disposals tax. 6 The circumstances in which WRA is to be treated as having grounds for believing that the first condition is met include (for example) circumstances where WRA has grounds for believing that the person— a is, or has been, involved in any capacity with receiving, transporting or supplying any material for purposes connected with or preparatory to a disposal of material that is or may be a taxable disposal, or b is, or has been, involved in any capacity in subjecting any material to any procedure or use, or otherwise in dealing with or making arrangements in respect of any material, for purposes connected with or preparatory to a disposal of material that is or may be a taxable disposal. 7 An inspection of premises is not to be carried out under this section if WRA has the power to carry out the inspection under section 103B. 8 In this section— a references to a disposal of material include the carrying out of a specified landfill site activity in relation to material; b “ material ”, “ specified landfill site activity ” and “ taxable disposal ” have the same meanings as in LDTA. Further power to inspect premises: taxable disposals made at places other than authorised landfill sites 103B 1 This section applies if WRA has grounds for believing— a that a disposal of material that is or may be a taxable disposal has been made at a place that is not, and does not form part of, an authorised landfill site, and b that the inspection of premises within subsection (3) is required for one or more of the purposes listed in subsection (4). 2 WRA may enter the premises and inspect— a the premises, and b anything on the premises (including documents). 3 Premises are within this subsection if WRA has reason to believe that— a the disposal was made at them, or b the occupier of the premises meets, or may meet, the charging condition in respect of the disposal. 4 The purposes are— a determining whether the disposal was made at the premises; b identifying the nature or origin of the material disposed of; c identifying the date on which the disposal was made; d determining whether the disposal is a taxable disposal; e determining the weight of the material disposed of; f determining the amount of any proposed charge to tax under LDTA on the disposal; g identifying a person who meets, or may meet, the charging condition in respect of the disposal. 5 Subsections (2) to (7) of section 103 apply in respect of an inspection under this section as they apply in respect of an inspection under section 103(1). 6 In this section— a “ authorised landfill site ”, “ material ” and “ taxable disposal ” have the same meanings as in LDTA; b references to a person meeting the charging condition have the same meaning as in Chapter 2 of Part 4 of LDTA. Carrying out inspections under section 103 , 103A or 103B : further provision 104 1 When carrying out an inspection under section 103, 103A or 103B, WRA has the following powers. 2 On entering the ... premises, WRA may— a if it has grounds for believing that the carrying out of the inspection may be seriously obstructed, be accompanied by a constable, and b be accompanied by a person authorised by WRA. 3 WRA may make such examination or investigation as it considers to be necessary in the circumstances. 4 WRA may direct that the premises or any part of them, or anything in them, be left undisturbed (either generally or in particular respects) for so long as is necessary for the purposes of any such examination or investigation. 5 WRA, or a person accompanying WRA, may take samples of material from the premises. 6 The power to take samples includes power— a to carry out experimental borings or other works on the premises, and b to install, keep or maintain monitoring and other apparatus on the premises. 7 Any sample taken under subsection (5) is to be disposed of in such manner as WRA may determine. Carrying out inspections under section 103 , 103A or 103B : use of equipment and materials 105 1 WRA, or a person accompanying WRA, may take any equipment or materials required for the purpose of an inspection under section 103, 103A or 103B onto the premises being inspected. 2 WRA, or a person accompanying WRA, may take equipment or materials onto the premises— a at a time agreed to by the occupier of the premises, or b at any reasonable time, if either— i a notice was issued under section 103(3)(b)(i) and the notice specified that the equipment or materials were to be taken onto the premises, or ii WRA has grounds for believing that issuing such a notice would seriously prejudice the assessment or collection of WRA-collected tax. 3 If equipment or materials are taken onto premises without— a the agreement of the occupier, or b a notice having been issued in accordance with subsection (2)(b)(i), WRA must provide a notice at the time the equipment or materials are to be taken onto the premises. 4 The notice must— a if the occupier of the premises is present, be provided to the occupier; b if the occupier is not present but there is a person present who appears to WRA to be in charge of the premises, be provided to that person; c in any other case, be left in a prominent place on the premises. 5 The notice must state the possible consequences of obstructing a person exercising WRA's functions. 6 If the inspection, or the use of equipment or materials, has been approved by the tribunal, the notice must state that fact. 7 References in this section to a notice issued under section 103(3)(b)(i) include a notice issued under that provision as applied by sections 103A(4) and 103B(5). Power to inspect premises or property for valuation etc. 106 1 WRA may enter premises and inspect the premises and any property on the premises for the purpose of valuing, measuring or determining the character of the premises or property if— a the valuation, measurement or determination is required for the purposes of checking any person's tax position, and b either condition 1 or 2 is met. 2 Condition 1 is that— a the inspection is carried out at a time agreed to by a relevant person, and b a notice of the agreed time of the inspection has been issued to the relevant person. 3 Condition 2 is that— a the inspection has been approved by the tribunal, and b a notice of the time of the inspection has been issued to a relevant person specified by the tribunal at least 7 days before that time. 4 In this section, “ relevant person ” means— a the occupier of the premises, or b if the occupier cannot be identified or the premises are vacant, a person who controls the premises. 5 A notice under subsection (2)(b) or (3)(b) must state possible consequences of obstructing a person exercising WRA's functions. 6 A notice under subsection (3)(b) must also state that the inspection has been approved by the tribunal. 7 If WRA considers it necessary to assist with the inspection, WRA may be accompanied by a person authorised by WRA. Producing authorisation to carry out inspections 107 If a person carrying out an inspection under section 103 , 103A, 103B or 106 is unable to produce evidence of authority to carry out the inspection when asked to do so by— a the occupier of the premises, or b any other person who appears to be in charge of, or to control, the premises, the inspection must stop and may not be continued until such evidence is produced. Approval of tribunal for inspection of premises 108 1 WRA may ask the tribunal to approve— a an inspection under section 103 , 103A, 103B or 106, or b the exercise of powers under section 104 or 105 in relation to an inspection under section 103 , 103A or 103B which has been agreed to by the occupier of the premises. 2 The tribunal's approval of an inspection under section 103 , 103A or 103B includes approval of the exercise of the powers under section 104 or 105 subject to any conditions imposed by the tribunal in approving the inspection. 3 An application for approval may be made under subsection (1) without notice of the application being sent to— a the person whose tax position is the subject of the proposed inspection, or b the occupier of the premises. 4 The tribunal may approve an inspection under section 103, 103A or 103B only if— a it is satisfied that the applicable requirement is met, and b if the application for approval was made without notice, it is satisfied that sending notice of the application might have prejudiced the assessment or collection of WRA-collected tax. 4A The applicable requirement is— a in the case of an inspection of a person's business premises under section 103, that WRA has grounds for believing that the inspection of the premises is required for the purpose of checking the person's tax position; b in the case of an inspection of a person's business premises under section 103A, that WRA has grounds for believing that the conditions set out in subsections (2) and (3) of that section are met; c in the case of an inspection of premises under section 103B, that WRA has grounds for believing the matters set out in subsection (1) of that section. 5 The tribunal may approve an inspection under section 106 only if it is satisfied that the inspection is required for the purposes of checking any person's tax position and— a if the application for approval was made without notice, it is satisfied that sending notice of the application might have prejudiced the assessment or collection of WRA-collected tax, or b in any other case— i the person whose tax position is the subject of the proposed inspection has been given a reasonable opportunity to make representations to WRA about the inspection, ii the occupier of the premises has been given a reasonable opportunity to make such representations, and iii the tribunal has been provided with a summary of any representations made. 6 Subsection (5)(b)(ii) does not apply if the tribunal is satisfied that the occupier of the premises cannot be identified. 7 Where the tribunal has approved an inspection under subsection (1)(a) or the exercise of a power under subsection (1)(b), WRA must carry out the inspection or exercise the power— a no later than 3 months after the day on which the tribunal's approval was given, or b within such shorter period as the tribunal may specify when giving the approval. Power to mark assets and to record information 109 The powers under sections 103 to 106 include— a power to mark business assets, and anything containing business assets, for the purpose of indicating that they have been inspected, and b power to obtain and record information (whether electronically or otherwise) relating to the premises, property, assets and documents that have been inspected. Restriction on inspection of documents 110 WRA may not inspect a document under this Chapter if (or to the extent that), by virtue of Chapters 2 and 3, an information notice issued at the time of the inspection to the occupier of the premises could not require the occupier to produce the document. Interpretation of Chapter 4 111 1 In this Chapter— “ business assets ” (“ asedau busnes ”) means assets that WRA has reason to believe are owned, leased or used in connection with the carrying on of a business by any person, but does not include documents; “ business documents ” (“ dogfennau busnes ”) means documents (or copies of documents) that relate to the carrying on of a business by any person; “ business premises ” (“ mangre busnes ”), in relation to a person, means premises (or any part of premises) that WRA has reason to believe are (or is) used in connection with the carrying on of a business by or on behalf of the person; “ premises ” (“ mangre ”) includes any building or structure, any land and any means of transport. 2 For the purposes of the definition of “premises” in subsection (1) as it applies in relation to landfill disposals tax, “ land ” includes material (within the meaning of LDTA) that WRA has grounds for believing has been deposited on the surface of land or on a structure set into the surface, or under the surface of land. CHAPTER 5 FURTHER INVESTIGATORY POWERS Power to copy and remove documents 112 1 Where a document is inspected by WRA or is produced by a person, WRA may take copies of the document or make extracts from it. 2 Where a document is inspected by WRA or is produced by a person, WRA may— a remove the document at a reasonable time, and b retain the document for a reasonable period, if it appears to WRA to be necessary to do so. 3 Where WRA removes a document, WRA must supply free of charge— a a receipt for the document, and b a copy of the document, if requested to do so by the person who was in possession or power of the document when it was produced or inspected. 4 The removal of a document under subsection (2)(a) is not to be regarded as breaking any lien claimed on the document. 5 Where a document removed under subsection (2)(a) is lost or damaged before it is returned, WRA is liable to compensate the owner of the document for any expenses reasonably incurred in replacing or repairing the document. 6 In this section, references to a document include a copy of the document. Further provision about records 113 1 This section applies to any provision of this Act that— a requires a person to produce a document, b permits WRA— i to inspect a document, ii to make or take copies of or extracts from a document, or iii to remove a document, c makes provision about penalties or offences in connection with the production or inspection of documents, including in connection with the failure to produce or permit the inspection of documents, or d makes any other provision in connection with the requirement mentioned in paragraph (a) or the powers mentioned in paragraph (b). 2 A provision to which this section applies has effect as if— a any reference in the provision to a document were a reference to anything in which information of any description is recorded, and b any reference in the provision to a copy of a document were a reference to anything onto which information recorded in the document has been copied, by whatever means and whether directly or indirectly. 3 WRA may, at any reasonable time, obtain access to, inspect and check the operation of any computer and any associated apparatus or material which is or has been used in connection with a relevant document. 4 In subsection (3), “ relevant document ” means a document— a that a person has been, or may be, required to produce by or under a provision of this Act, or b that WRA may— i inspect, ii make or take copies of or extracts from, or iii remove. 5 WRA may require any assistance that it reasonably requires for the purposes of subsection (3) from— a the person by whom or on whose behalf the computer is or has been used, or b any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material. 6 If a person exercising the power under subsection (3) is unable to produce evidence of authority to do so when asked to provide such evidence by— a the person by whom or on whose behalf the computer is or has been used, or b any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material, the person exercising the power must stop and may not continue until such evidence is produced. CHAPTER 6 OFFENCES RELATING TO INFORMATION NOTICES Offence of concealing etc. documents following information notice 114 1 A person commits an offence if— a WRA issues an information notice to the person— i which requires the person to produce a document, and ii which has been approved by the tribunal, and b the person conceals, destroys or otherwise disposes of (or arranges for the concealment, destruction or disposal of) that document. 2 A person may commit an offence under subsection (1) despite the fact that the person has appealed against the information notice or against a requirement in it. 3 A person does not commit an offence under subsection (1) if the person acts after the original document has been produced in accordance with the information notice, unless WRA has notified the person that the document must continue to be available for inspection (and has not withdrawn the notification). 4 A person does not commit an offence under subsection (1) where a copy of a document has been produced in accordance with section 96(1), if the person acts after the end of the period of 6 months beginning with the day on which the copy was produced unless, before the end of that period, WRA has made a request for the original document under section 96(3). 5 It is a defence for a person charged with an offence under subsection (1) to show that the person had a reasonable excuse for concealing, destroying or otherwise disposing of (or for arranging for the concealment, destruction or disposal of) the document. 6 A person who commits an offence under subsection (1) is liable— a on summary conviction, to a fine; b on conviction on indictment, to imprisonment for a term not exceeding 2 years or to a fine (or both). Offence of concealing etc. documents following notification 115 1 A person commits an offence if the person conceals, destroys or otherwise disposes of (or arranges for the concealment, destruction or disposal of) a document after WRA has told the person that— a a document is to be, or is likely to be, the subject of an information notice addressed to that person (see section 88(3)(b)), and b WRA intends to seek the approval of the tribunal for the issuing of the information notice (see section 87(2)(b)) or is required to seek such approval (see sections 86, 89(1)(d) and 92(1)). 2 A person does not commit an offence under subsection (1) if the person conceals, destroys or otherwise disposes of the document after— a the end of the period of 6 months beginning with the day on which WRA told the person (or last told the person), or b an information notice has been issued requiring the person to produce the document. 3 It is a defence for a person charged with an offence under subsection (1) to show that the person had a reasonable excuse for concealing, destroying or otherwise disposing of (or for arranging for the concealment, destruction or disposal of) the document. 4 A person who commits an offence under subsection (1) is liable— a on summary conviction, to a fine; b on conviction on indictment, to imprisonment for a term not exceeding 2 years or to a fine (or both). CHAPTER 7 TRIBUNAL APPROVALS No review or appeal of tribunal approvals 116 1 In section 11(5) of TCEA (decisions excluded from right to appeal to Upper Tribunal), after paragraph (c) insert— ca any decision of the First-tier Tribunal under section 88, 89(3) or 92(3) of the Tax Collection and Management (Wales) Act 2016 (anaw 6) (approval for Welsh Revenue Authority to issue certain information notices), cb any decision of the First-tier Tribunal under section 108 of that Act (approval for Welsh Revenue Authority to inspect premises), . 2 In section 13(8) of that Act (decisions excluded from right to appeal to Court of Appeal etc.), after paragraph (b) insert— ba any decision of the Upper Tribunal under section 88, 89(3) or 92(3) of the Tax Collection and Management (Wales) Act 2016 (anaw 6) (approval for Welsh Revenue Authority to issue certain information notices), bb any decision of the Upper Tribunal under section 108 of that Act (approval for Welsh Revenue Authority to inspect premises), . PART 5 PENALTIES CHAPTER 1 OVERVIEW Overview of Part 117 1 This Part makes provision about penalties relating to WRA-collected taxes, including— a penalties relating to failures to make tax returns or to pay WRA-collected tax or amounts payable in respect of tax credits , b penalties relating to inaccuracies, c penalties relating to record-keeping and reimbursement arrangements, and d penalties relating to investigations. 2 It includes provision about— a the circumstances which liability to those penalties arises, b the amounts of those penalties, c the circumstances in which liability to those penalties may be suspended or the amounts of those penalties may be reduced, d the assessment of those penalties, and e the payment of those penalties. Interpretation and application of this Part in relation to the visitor levy 117A 1 In this Part— “ devolved tax return ” (“ ffurflen treth ddatganoledig ”) means a tax return relating to a devolved tax; “ visitor accommodation provider ” (“ darparwr llety ymwelwyr ”) and “ VAP ” (“ DLlY ”) have the same meaning as in section 3 of the Visitor Accommodation (Register and Levy) Etc. (Wales) Act 2025 (asc 00) (see also section 120G, in relation to persons that have ceased to be a VAP); “ visitor levy return ” (“ ffurflen ardoll ymwelwyr ”) means a return relating to the visitor levy (see section 36 of the Visitor Accommodation (Register and Levy) Etc. (Wales) Act 2025). 2 Where a visitor accommodation provider has not indicated to WRA whether the provider will make annual or quarterly returns, the provider is to be treated for the purposes of this Part as making annual returns. CHAPTER 2 PENALTIES FOR FAILURE TO MAKE RETURNS OR PAY TAX OR AMOUNTS PAYABLE IN RESPECT OF TAX CREDITS Penalty for failure to make devolved tax return Penalty for failure to make devolved tax return on or before filing date 118 1 A person who is required to make a devolved tax return is liable to a penalty of £100 if the person fails to make a devolved tax return on or before the filing date. 2 But see section 118A for an exception to the rule above. Penalties for multiple failures to make tax returns in respect of landfill disposals tax 118A 1 Where a person becomes liable to a penalty under section 118 in respect of a tax return that the person is required to make under section 39 of LDTA, a penalty period— a begins with the day after the filing date for the tax return, and b ends 12 months later, unless extended under subsection (2)(b). 2 If, before the end of the penalty period, the person is required to make another tax return under section 39 of LDTA (“tax return B”) but fails to do so on or before the filing date for tax return B— a the person is not liable to a penalty under section 118 in respect of that failure but is liable to a penalty under this section instead, and b the penalty period is extended so that it ends 12 months after the filing date for tax return B. 3 The amount of the penalty to which a person is liable under this section is determined by reference to the number of tax returns that the person— a has been required to make under section 39 of LDTA during the penalty period, but b has failed to make on or before the filing dates for those returns. 4 If the failure to make tax return B on or before the filing date is the person's first failure during the penalty period, P is liable to a penalty of £200 in respect of that failure. 5 If the failure to make tax return B on or before the filing date is the person's second failure during the penalty period, P is liable to a penalty of £300 in respect of that failure. 6 If the failure to make tax return B on or before the filing date is the person's third or subsequent failure during the penalty period, P is liable to a penalty of £400 in respect of that failure. 7 A penalty period may be extended more than once under subsection (2)(b). Penalty for failure to make tax devolved return within 6 months from filing date 119 1 A person who is required to make a devolved tax return is liable to a penalty if the person's failure to make a devolved tax return continues after the end of the period of 6 months beginning with the day after the filing date. 2 The penalty is the greater of— a 5% of the amount of the devolved tax to which the person would have been liable if the tax return had been made, and b £300. Penalty for failure to make devolved tax return within 12 months from filing date 120 1 A person who is required to make a devolved tax return is liable to a penalty if the person's failure to make a devolved tax return continues after the end of the period of 12 months beginning with the day after the filing date. 2 Where, by failing to make the devolved tax return, the person deliberately withholds information which would enable or assist WRA to assess the person's liability to a devolved tax, the penalty is — a £300, or b a greater amount, not exceeding 95% of the amount of devolved tax to which the person would have been liable if the tax return had been made. 3 In any case not falling within subsection (2), the penalty is the greater of— a 5% of the amount of the devolved tax to which the person would have been liable if the tax return had been made, and b £300. Penalty points and penalties for failures to make visitor levy returns Penalty point for failure to make visitor levy return on or before filing date 120A 1 A visitor accommodation provider (“ VAP ”) is liable to a penalty point if the VAP fails to make a visitor levy return on or before the filing date for the return. 2 Where a VAP is liable to a penalty point, WRA may award the penalty point by giving notice to the VAP. 3 Notice under subsection (2) must be given— a if the VAP makes annual visitor levy returns, before the end of the period of 48 weeks beginning with the day after the filing date for the return; b if the VAP makes quarterly visitor levy returns, before the end of the period of 11 weeks beginning with the day after the filing date for the return. 4 WRA may withdraw a penalty point awarded under this section by giving notice to the VAP; and where a penalty point is withdrawn, the VAP is to be treated as never having received the penalty point. Financial penalty where penalty points have been awarded 120B 1 If, having been awarded a penalty point, a VAP reaches the penalty threshold, the VAP is liable to a penalty of £100. 2 The penalty threshold is— a if the VAP makes annual returns, two penalty points, and b if the VAP makes quarterly returns, four penalty points. 3 A VAP that becomes liable to a penalty under subsection (1) remains liable to that penalty regardless of the subsequent expiry of any of the penalty points awarded to the VAP. Expiry of penalty points 120C 1 A penalty point awarded to a VAP in relation to a failure to make an annual visitor levy return expires at the end of the period of 24 months beginning with the filing date of the return to which the penalty point relates. 2 A penalty point awarded to a VAP in relation to a failure to make a quarterly visitor levy return expires at the end of the period of 12 months beginning with the filing date of the return to which the penalty point relates. Changing frequency of filing of returns when provider has penalty point 120D A VAP that has one or more unexpired penalty points may not change the frequency with which they make visitor levy returns (as to which, see section 37 of the Visitor Accommodation (Register and Levy) Etc. (Wales) Act 2025 (asc 00)). Financial penalty for failure to make visitor levy return within 6 months from filing date 120E 1 This section applies where a VAP’s failure to make a visitor levy return continues after the end of the period of 6 months beginning with the day after the filing date. 2 The VAP is liable to a penalty of £100 (regardless of whether the VAP has been awarded any unexpired penalty points, or is liable to any penalty points, in relation to the return in question or any other visitor levy return). Financial penalty for failure to make visitor levy return within 12 months from filing date 120F 1 This section applies where a VAP’s failure to make a visitor levy return continues after the end of the period of 12 months beginning with the day after the filing date. 2 The VAP is liable to a penalty (regardless of whether the VAP has been awarded any unexpired penalty points, or is liable to any penalty points, in relation to the return in question or any other visitor levy return). 3 Where, by failing to make the visitor levy return, the VAP deliberately withholds information that would enable or assist WRA to assess the VAP’s liability to the visitor levy, the penalty is— a £300, or b a greater amount, not exceeding 95% of the amount of visitor levy to which the person would have been liable if the visitor levy return had been made. 4 In any case not falling within subsection (3), the penalty is the greater of— a 5% of the amount of visitor levy to which the VAP would have been liable if the visitor levy return had been made, and b £300. Penalty points and penalties: persons that have ceased to be a VAP 120G 1 In sections 117A(2), 120A, 120E and 120F, references to a “ visitor accommodation provider ” (or a “VAP”) include a person that, by virtue of section 41 of the Visitor Accommodation (Register and Levy) Etc. (Wales) Act 2025 (asc 00), is subject to a requirement to make a visitor levy return. 2 In sections 120B to 120D, references to a “VAP” include a person that has ceased to be a VAP. Penalty points: partnerships and other unincorporated bodies 120H 1 For the purposes of sections 120A to 120D and 120G (in its application in relation to sections 120A to 120D)— a the members of a partnership or other unincorporated body are together to be treated as if they were a single person (distinct from the persons that are members of the partnership or body), b a failure by one or more members of the partnership or body to make a visitor levy return on or before the filing date for the return is to be treated as a failure by the deemed single person referred to in paragraph (a), and c other things done by or in relation to a member of the partnership or body (see section 56(1) to (4) of the Visitor Accommodation (Register and Levy) Etc. (Wales) Act 2025 (asc 00) (“ the 2025 Act ”)) are also to be treated as done by or in relation to that deemed single person. 2 The deemed single person referred to in subsection (1)(a) is to be treated as continuing in existence even if there is a change in the membership of the partnership or body. 3 Where, under section 120B, a penalty is assessed on the deemed single person referred to in subsection (1)(a)— a every relevant member is jointly and severally liable for the penalty, and b section 56(5) and (6) of the 2025 Act (liability of members) do not apply. 4 For the purposes of subsection (3)(a)— a “ relevant member ” means a person that is, on the day the penalty is assessed— i a partner in the partnership, or (as the case may be) ii a managing member of the body (within the meaning of the 2025 Act); b a person is a relevant member even if the person was not a partner in the partnership or managing member of the body when liability was incurred to one or more of the penalty points by virtue of which liability to the penalty arose; c the relevant members are jointly and severally liable for the penalty even if none of them were partners in the partnership or managing members of the body when liability was incurred to the penalty points by virtue of which liability to the penalty arose. Reduction in penalty for disclosure of information Reduction in penalty for failure to make tax return: disclosure 121 1 WRA may reduce a penalty under section 118, 118A, 119 , 120, 120B, 120E or 120F if the person discloses information which has been withheld as a result of a failure to make a tax return (“relevant information”). 2 A person discloses relevant information by— a telling WRA about it, b giving WRA reasonable help in quantifying any WRA-collected tax unpaid by reason of the information having been withheld, and c allowing WRA access to records for the purpose of checking how much WRA-collected tax is so unpaid. 3 In reducing a penalty under this section, WRA may take account of— a whether the disclosure was prompted or unprompted, and b the quality of the disclosure. 4 Disclosure of relevant information— a is “unprompted” if made at a time when the person making the disclosure has no reason to believe that WRA has discovered or is about to discover the relevant information, and b otherwise, is “prompted”. 5 “ Quality ”, in relation to disclosure, includes timing, nature and extent. Penalty for failure to pay tax Penalty for failure to pay tax on time 122 1 A person is liable to a penalty if the person has failed to pay an amount of WRA-collected tax on or before the penalty date in respect of that amount. 2 The penalty— a in respect of an amount of land transaction tax, is 5% of the amount of unpaid tax; b in respect of an amount of landfill disposals tax, is 1% of the amount of unpaid tax; c in respect of an amount of visitor levy, is 5% of the amount of unpaid levy, but— i if 5% of the amount of unpaid levy is lower than £100, the penalty is £100; ii if 5% of the amount of unpaid levy is greater than £5000, the penalty is £5000. 2A But see section 122ZA for an exception to the rule in subsection (1). 3 In this section and in sections 122ZA, 122A and 122B , the penalty date in respect of an amount of WRA-collected tax specified in column 3 of Table A1 is the date specified in column 4. TABLE A1 Item WRA-collected Tax Amount of Tax Penalty date 1 Land transaction tax Amount (or additional amount) payable as a result of a tax return made by the buyer in a land transaction (unless the amount falls within item 8 or 9). The date falling 30 days after the filing date for the return. 2 Landfill disposals tax Amount payable as a result of a tax return. The date falling 30 days after the filing date for the return. 2A Visitor levy Amount payable as a result of a visitor levy return. The date falling 30 days after the filing date for the visitor levy return. 3 Any WRA-collected tax Amount payable as a result of a WRA determination made in place of a tax return. The date falling 30 days after the date by which WRA believes the tax return was required to be made. 4 Any WRA-collected tax Amount payable as a result of a WRA assessment made in place of a tax return (unless the amount falls within item 7). The date falling 30 days after the date by which WRA believes the tax return was required to be made. 5 Any WRA-collected tax Amount (or additional amount) payable as a result of a WRA assessment made where a tax return has been made. The date falling 30 days after the date by which the amount (or additional amount) is required to be paid. 6 Any WRA-collected tax Amount (or additional amount) payable as a result of an amendment or a correction to a tax return. The date falling 30 days after the date by which the amount (or additional amount) is required to be paid. 7 Any devolved tax Amount (or additional amount) payable as a result of a WRA assessment made for the purposes of making an adjustment to counteract a tax advantage (see Part 3A) in a case where a tax return which WRA has reason to believe was required to be made has not in fact been made. The date falling 30 days after the date by which the amount (or additional amount) is required to be paid. 8 Land transaction tax Where a deferral request is made under section 58 of LTTA, a deferred amount required to be paid by virtue of section 61(1)of that Act. The date falling 30 days after the date by which the deferred amount is required to be paid. 9 Land transaction tax Where a deferral request is made under section 58 of LTTA, a refused amount within the meaning of section 61(2)(a) of that Act. The date falling 30 days after the date by which the refused amount is required to be paid. 10 Landfill disposals tax Amount charged by a charging notice issued under section 49 or 50 of LDTA. The date falling 30 days after the date by which the amount is required to be paid. 11 Any WRA-collected tax A postponed amount within the meaning of section 181G(2). The date falling 30 days after the date on which the postponement period ends (see section 181G as to the calculation of postponement periods). 4 In this section, “ "deferred amount” ” has the same meaning as in section 58(6)(a) of LTTA. 5 The Welsh Ministers may by regulations modify Table A1. Penalty for multiple failures to pay landfill disposals tax on time 122ZA 1 Where a person becomes liable to a penalty under section 122 in respect of a failure to pay an amount of landfill disposals tax on or before the penalty date, a penalty period— a begins with the day after the penalty date, and b ends 12 months later, unless extended under subsection (2)(b). 2 If, before the end of the penalty period, the person fails to pay another amount of landfill disposals tax (“amount B”) on or before the penalty date for that amount— a the person is not liable to a penalty under section 122(1) in respect of that failure but is liable to a penalty under this section instead, and b the penalty period is extended so that it ends 12 months after the penalty date for amount B. 3 The amount of the penalty to which a person is liable under this section is determined by reference to— a amount B, and b the number of times during the penalty period on which the person has failed to pay an amount of landfill disposals tax on or before the penalty date for that amount. 4 If the failure is the person's first failure during the penalty period, the person is liable to a penalty of 2% of amount B in respect of that failure. 5 If the failure is the person's second failure during the penalty period, the person is liable to a penalty of 3% of amount B in respect of that failure. 6 If the failure is the person's third or subsequent failure during the penalty period, the person is liable to a penalty of 4% of amount B in respect of that failure. 7 A penalty period may be extended more than once under subsection (2)(b). Further penalties for continuing failure to pay devolved tax 122A 1 This section applies where a person is liable to a penalty under section 122 or 122ZA in respect of a failure to pay an amount of devolved tax on or before the penalty date for that amount. 2 If any of the amount remains unpaid after the end of the period of 6 months beginning with the day falling 30 days before the penalty date, the person is liable to a further penalty. 3 The further penalty is 5% of the amount that remains unpaid. 4 If any of the amount remains unpaid after the end of the period of 12 months beginning with the day falling 30 days before the penalty date, the person is liable to a second further penalty. 5 The second further penalty is 5% of the amount that remains unpaid. Further penalties for continuing failure to pay visitor levy 122B 1 This section applies where a person is liable to a penalty under section 122 in respect of a failure to pay an amount of visitor levy on or before the penalty date for that amount. 2 If any of the amount remains unpaid after the end of the period of 6 months beginning with the day falling 30 days before the penalty date, the person is liable to a further penalty. 3 The further penalty is 5% of the amount that remains unpaid, but— a if 5% of the unpaid amount is lower than £100, the penalty is £100; b if 5% of the unpaid amount is greater than £5000, the penalty is £5000. 4 If any of the amount remains unpaid after the end of the period of 12 months beginning with the day falling 30 days before the penalty date, the person is liable to a second further penalty. 5 The second further penalty is 5% of the amount that remains unpaid, but— a if 5% of the unpaid amount is lower than £100, the penalty is £100; b if 5% of the unpaid amount is greater than £5000, the penalty is £5000. Suspension of penalty for failure to pay tax during currency of agreement for deferred payment 123 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Penalty for failure to pay amount payable in respect of tax credit Penalty for failure to pay amount payable in respect of tax credit on time 123A 1 This section applies where a person is required to pay an amount as a result of a WRA assessment made under section 55A. 2 The person is liable to a penalty if he or she fails to pay the amount on or before the penalty date. 3 The penalty date is the day falling 30 days after the day by which the amount was required to be paid. 4 The penalty is 5% of the amount payable as a result of the WRA assessment. Penalties under Chapter 2: general Interaction of penalties 124 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Special reduction in penalty under Chapter 2 125 1 WRA may reduce a penalty under this Chapter if it thinks it right to do so because of special circumstances. 2 In subsection (1), “ special circumstances ” does not include— a ability to pay, or b the fact that a potential loss of revenue from one person is balanced by a potential over-payment by another. 2A But “ "special circumstances” ” may include the fact that WRA has agreed that a person may pay an amount of WRA-collected tax in instalments over an agreed period. 3 In subsection (1), the reference to reducing a penalty includes a reference to— a remitting a penalty entirely, b suspending a penalty, and c agreeing a compromise in relation to proceedings for a penalty. 4 In this section a reference to a penalty include a reference to any interest in relation to a penalty. Reasonable excuse for failure to make tax return or pay tax or amount payable in respect of tax credit 126 1 If a person satisfies WRA or (on appeal) the tribunal that there is a reasonable excuse for a failure to make a tax return, the person is not liable to a penalty under sections 118 to 120 , 120B, 120E or 120F, or (as the case may be) to a penalty point under section 120A, in relation to the failure. 2 If a person satisfies WRA or (on appeal) the tribunal that there is a reasonable excuse for a failure to pay a WRA-collected tax, the person is not liable to a penalty under sections 122 to 122B in relation to the failure. 2A If a person satisfies WRA or (on appeal) the tribunal that there is a reasonable excuse for a failure to pay an amount payable in respect of a tax credit, the person is not liable to a penalty under section 123A in relation to the failure. 3 For the purposes of subsections (1) , (2) and (2A) — a an insufficiency of funds is not a reasonable excuse unless attributable to events outside the person's control; b where a person relies on another person to do anything, that is not a reasonable excuse unless the first person took reasonable care to avoid the failure; c where a person had a reasonable excuse for the failure but the excuse has ceased, the person is to be treated as having continued to have the excuse if the failure is remedied without unreasonable delay after the excuse ceased. Assessment of penalties under Chapter 2 127 1 Where a person becomes liable to a penalty under this Chapter, WRA must— a assess the penalty, b issue notice to the person of the penalty assessed, and c state in the notice the period , transaction or amount in respect of which the penalty has been assessed. 2 An assessment of a penalty under this Chapter may be combined with an assessment to a WRA-collected tax. 3 A supplementary assessment may be made in respect of a penalty under section 119 , 120 or 120F if an earlier assessment operated by reference to an underestimate of the amount of WRA-collected tax to which a person would have been liable if a tax return had been made. 4 If— a an assessment in respect of a penalty under section 119 , 120 or 120F is based on the amount of WRA-collected tax to which a person would have been liable if a tax return had been made, and b that liability is found by WRA to be excessive, WRA may issue a notice to the person liable to the penalty amending the assessment so that it is based on the correct amount. 5 A supplementary assessment may be made in respect of a penalty under section 122 , 122ZA, 122A or 122B if an earlier assessment operated by reference to an underestimate of the amount of WRA-collected tax which was payable. 6 If an assessment in respect of a penalty under section 122 , 122ZA, 122A or 122B is based on an amount of tax payable that is found by WRA to be excessive, WRA may issue a notice to the person liable to the penalty amending the assessment so that it is based on the correct amount. 6A A supplementary assessment may be made in respect of a penalty under section 123A if an earlier assessment operated by reference to an underestimate of the amount payable in respect of the tax credit in question. 6B If an assessment in respect of a penalty under section 123A is based on an amount that is found by WRA to be excessive, WRA may issue a notice to the person liable to the penalty amending the assessment so that it is based on the correct amount. 7 An amendment made under subsection (4) , (6) or (6B) — a does not affect when the penalty must be paid, and b may be made after the last day on which the assessment in question could have been made under section 128. Time limit for assessment of penalties under Chapter 2 128 1 An assessment of a penalty under this Chapter ... must be made on or before the later of date A and (where it applies) date B. 2 Date A is the last day of the period of 2 years beginning with— a in the case of failure to make a tax return , other than where liability to the penalty arises under section 120B , the filing date, ... aa in the case of liability to a penalty under section 120B (financial penalty where penalty points have been awarded), the filing date of the return in relation to which the penalty point that caused the visitor accommodation provider to reach the penalty threshold was awarded, b in the case of failure to pay a WRA-collected tax, the penalty date , or c in the case of a failure to pay an amount payable in respect of a tax credit, the penalty date. 3 Date B is the last day of the period of 12 months beginning with— a in the case of a failure to make a tax return— i the end of the appeal period for the assessment of the amount of WRA-collected tax to which a person would have been liable if the tax return had been made, or ii if there is no such assessment, the date on which that liability is ascertained or it is ascertained that the liability is nil; b in the case of a failure to pay a WRA-collected tax— i the end of the appeal period for the assessment of the amount of WRA-collected tax in respect of which the penalty is assessed, or ii if there is no such assessment, the date on which that amount of WRA-collected tax is ascertained. c in the case of a failure to pay an amount payable in respect of a tax credit, the end of the appeal period for the assessment of the amount in respect of which the penalty is assessed. 4 In subsection (2)(b), “ penalty date ” has the meaning given by section 122(3) . 4A In subsection (2)(c), “penalty date” has the meaning given by section 123A(3). 5 In subsection (3) ..., “ appeal period ” means ...— a if no appeal is made, the period during which an appeal could be made, and b if an appeal is made, the period ending with its final determination or withdrawal. CHAPTER 3 PENALTIES FOR INACCURACIES Penalties for inaccuracies in documents Penalty for inaccuracy in document given to WRA 129 1 A person is liable to a penalty where— a the person gives WRA a document, and b conditions 1 and 2 are satisfied. 2 Condition 1 is that the document contains an inaccuracy which amounts to, or leads to— a an understatement of a liability to a WRA-collected tax, b a false or inflated statement of a loss relating to a WRA-collected tax, ... c a false or inflated claim to repayment of WRA-collected tax , or d a false or inflated claim for a tax credit. 3 Condition 2 is that the inaccuracy was deliberate or careless on the person's part. 4 An inaccuracy is careless on a person's part if it is due to the person's failure to take reasonable care. 5 An inaccuracy which was neither deliberate nor careless on a person's part when the document was given is to be treated as careless if the person— a discovered the inaccuracy at some later time, and b did not take reasonable steps to inform WRA. 6 Where a document contains more than one inaccuracy in respect of which conditions 1 and 2 are satisfied, the person is liable to a penalty for each such inaccuracy. Amount of penalty for inaccuracy in document given to WRA 130 1 The penalty for a deliberate inaccuracy is an amount not exceeding 100% of the potential lost revenue. 2 The penalty for a careless inaccuracy is an amount not exceeding 30% of the potential lost revenue. Suspension of penalty for careless inaccuracy 131 1 WRA may suspend all or part of a penalty for a careless inaccuracy under section 129 by issuing a notice to the person liable to the penalty. 2 The notice must specify— a what part of the penalty is to be suspended, b a period of suspension not exceeding 2 years, and c conditions of suspension to be complied with by the person. 3 WRA may suspend all or part of a penalty only if compliance with a condition of suspension would help the person to avoid becoming liable to further penalties under section 129 for careless inaccuracy. 4 A condition of suspension may specify— a action to be taken, and b a period within which it must be taken. 5 At the end of the period of suspension— a if the person satisfies WRA that the conditions of suspension have been complied with, the suspended penalty or part is cancelled, and b otherwise, the suspended penalty or part becomes payable. 6 If, during the period of suspension of all or part of a penalty payable under section 129, the person becomes liable to another penalty under that section, the suspended penalty or part becomes payable. Penalty for deliberate inaccuracy in document given to WRA by another person 132 1 A person (referred to in this section as “ person A ”) is liable to a penalty where— a another person gives WRA a document, b the document contains a relevant inaccuracy, and c the inaccuracy was attributable— i to person A deliberately supplying false information to the other person (whether directly or indirectly), or ii to person A deliberately withholding information from the other person, with the intention of the document containing the inaccuracy. 2 A “relevant inaccuracy” is an inaccuracy which amounts to, or leads to— a an understatement of a liability to a WRA-collected tax, b a false or inflated statement of a loss relating to a WRA-collected tax, ... c a false or inflated claim to repayment of WRA-collected tax , or d a false or inflated claim for a tax credit. 3 Person A is liable to a penalty under this section in respect of an inaccuracy whether or not the other person is liable to a penalty under section 129 in respect of the same inaccuracy. 4 The penalty payable under this section is an amount not exceeding 100% of the potential lost revenue. Penalty for failure to notify under-assessment etc. Penalty for failure to notify under-assessment or under-determination 133 1 A person is liable to a penalty where— a a WRA assessment understates the person's liability to a WRA-collected tax, and b the person has failed to take reasonable steps to notify WRA, within the period of 30 days beginning with the day on which the notice of assessment is issued, that it is an under-assessment. 1A A person is also liable to a penalty where— a a WRA assessment under section 55A understates the amount that the person is required to pay to WRA, and b the person has failed to take reasonable steps to notify WRA, within the period of 30 days beginning with the day on which the notice of assessment is issued, that it is an under-assessment. 2 In deciding what steps (if any) were reasonable, WRA must consider whether the person knew, or should have known, about the under-assessment. 3 The penalty payable under this section is an amount not exceeding 30% of the potential lost revenue. 4 In this section— a “ WRA assessment ” includes a determination made by WRA under section 52, and b accordingly, references in this Chapter to an under-assessment include references to an under-determination. Potential lost revenue Meaning of “potential lost revenue” 134 In this Chapter, “ potential lost revenue ” has the meaning given by sections 135 to 138. Potential lost revenue: normal rule 135 1 The “potential lost revenue” in respect of— a an inaccuracy in a document (including an inaccuracy attributable to a supply of false information or withholding of information), or b a failure to notify an under-assessment, is the additional amount payable in respect of a WRA-collected tax or tax credit as a result of correcting the inaccuracy or under-assessment. 2 The reference in subsection (1) to the additional amount payable includes a reference to— a an amount payable to WRA having been erroneously paid by way of repayment of WRA-collected tax, ... b an amount which would have been repayable by WRA had the inaccuracy or under-assessment not been corrected, and c an amount which WRA would have been required to set off against a person’s liability to tax, or to pay to a person, had the inaccuracy or under-assessment not been corrected. Potential lost revenue: multiple errors 136 1 Where a person is liable to a penalty under section 129 in respect of more than one inaccuracy, and the calculation of potential lost revenue under section 135 in respect of each inaccuracy depends on the order in which they are corrected, careless inaccuracies are to be taken to be corrected before deliberate inaccuracies. 2 In calculating potential lost revenue where a person is liable to a penalty under section 129 in respect of one or more understatements in one or more documents relating to a tax period , transaction or claim for tax credit , account must be taken of any overstatements in any document given by the person which relate to the same tax period , transaction or claim for tax credit . 3 In subsection (2)— a “ understatement ” means an inaccuracy that meets condition 1 in section 129, and b “ overstatement ” means an inaccuracy that does not meet that condition. 4 For the purposes of subsection (2) overstatements are to be set against understatements in the following order— a understatements in respect of which the person is not liable to a penalty, b careless understatements, and c deliberate understatements. 5 In calculating, for the purposes of a penalty under section 129, potential lost revenue in respect of a document given by or on behalf of a person, no account is to be taken of the fact that a potential loss of revenue from a person is or may be balanced by a potential overpayment by another person (except to the extent that an enactment requires a person's liability to a devolved tax to be adjusted by reference to another person's liability to a devolved tax). Potential lost revenue: losses 137 1 Where an inaccuracy has the result that a loss is wrongly recorded for the purposes of a WRA-collected tax and the loss has been wholly used to reduce the amount payable in respect of that tax, the potential lost revenue is calculated in accordance with section 135. 2 Where an inaccuracy has the result that a loss is wrongly recorded for the purposes of a WRA-collected tax and the loss has not been wholly used to reduce the amount payable in respect of that tax, the potential lost revenue is— a the potential lost revenue calculated in accordance with section 135 in respect of any part of the loss that has been used to reduce the amount payable in respect of that tax, plus b 10% of any part that has not. 3 Subsections (1) and (2) apply both— a to a case where no loss would have been recorded but for the inaccuracy, and b to a case where a loss of a different amount would have been recorded (but in that case subsections (1) and (2) apply only to the difference between the amount recorded and the true amount). 4 The potential lost revenue in respect of a loss is nil where, because of the nature of the loss or the circumstances of the person chargeable to the WRA-collected tax, there is no reasonable prospect of the loss being used to support a claim to reduce any person's liability to that tax. Potential lost revenue: delayed tax 138 1 Where an inaccuracy resulted in an amount of WRA-collected tax being declared later than it should have been (“the delayed tax”), the potential lost revenue is— a 5% of the delayed tax for each year of the delay; b a percentage of the delayed tax, for each period of delay of less than a year, equating to 5% per year. 2 This section does not apply to a case to which section 137 applies. Penalties under Chapter 3: general Reduction in penalty under Chapter 3 for disclosure 139 1 WRA may reduce a penalty payable under this Chapter where a person makes a qualifying disclosure. 2 A “ qualifying disclosure ” means disclosure of— a an inaccuracy which is relevant to a person's liability to a WRA-collected tax, b a supply of false information, or withholding of information, which is relevant to a person's liability to a WRA-collected tax, ... c a failure to disclose an under-assessment in respect of a WRA-collected tax, d an inaccuracy which is relevant to a person’s entitlement to a tax credit or liability to pay an amount in respect of a tax credit, e a supply of false information, or withholding of information, which is relevant to a person’s entitlement to a tax credit or liability to pay an amount in respect of a tax credit, or f a failure to disclose an under-assessment in respect of a person’s liability to pay an amount in respect of a tax credit. 3 A person makes a qualifying disclosure by— a telling WRA about it, b giving WRA reasonable help in quantifying— i the inaccuracy, ii the inaccuracy attributable to the supply of false information or withholding of information, or iii the under-assessment, and c allowing WRA access to records for the purpose of ensuring that— i the inaccuracy, ii the inaccuracy attributable to the supply of false information or withholding of information, or iii the under-assessment, is fully corrected. 4 In reducing a penalty under this section, WRA may take account of— a whether the disclosure was prompted or unprompted, and b the quality of the disclosure. 5 Disclosure of relevant information— a is “unprompted” if made at a time when the person making the disclosure has no reason to believe that WRA has discovered or is about to discover the inaccuracy, the supply of false information or withholding of information, or the under-assessment, and b otherwise, is “prompted”. 6 “ Quality ”, in relation to disclosure, includes timing, nature and extent. Special reduction in penalty under Chapter 3 140 1 WRA may reduce a penalty under this Chapter if it thinks it right to do so because of special circumstances. 2 In subsection (1), “ special circumstances ” does not include— a ability to pay, or b the fact that a potential loss of revenue from one person is balanced by a potential over-payment by another. 3 In subsection (1), the reference to reducing a penalty includes a reference to— a remitting a penalty entirely, b suspending a penalty, and c agreeing a compromise in relation to proceedings for a penalty. 4 In this section, references to a penalty include references to any interest in relation to a penalty. Assessment of penalties under Chapter 3 141 1 Where a person becomes liable to a penalty under this Chapter, WRA must— a assess the penalty, b issue a notice to the person of the penalty assessed, and c state in the notice the period , transaction or claim for tax credit in relation to which the penalty has been assessed. 2 An assessment of a penalty under this Chapter may be combined with an assessment to WRA-collected tax. 3 An assessment of a penalty under section 129 or 132 must be made before the end of the period of 12 months beginning with— a the end of the appeal period for the decision correcting the inaccuracy, or b if there is no assessment to the tax concerned as a result of that decision, the day on which the inaccuracy is corrected. 4 An assessment of a penalty under section 133 must be made before the end of the period of 12 months beginning with— a the end of the appeal period for the assessment of tax which corrected the understatement, or b if there is no assessment correcting the understatement, the day on which the understatement is corrected. 5 In subsections (3) and (4), “ appeal period ” means ...— a if no appeal is made, the period during which an appeal could be made, and b if an appeal is made, the period ending with its final determination or withdrawal. 6 Subject to subsections (3) and (4), a supplementary assessment may be made in respect of a penalty under this Chapter if an earlier assessment operated by reference to an underestimate of the potential lost revenue. Interpretation Interpretation of Chapter 3 142 In this Chapter— a a reference to giving a document to WRA includes— i a reference to communicating information to WRA in any form and by any method (whether by post, fax, email, telephone or otherwise), and ii a reference to making a statement or declaration in a document; b a reference to making a tax return or doing anything in relation to a tax return includes a reference to amending a tax return or doing anything in relation to an amended tax return; c a reference to a loss includes a reference to a charge, expense, deficit and any other amount which may be available for, or relied on to claim, a deduction or relief; d a reference to action includes a reference to omission. CHAPTER 4 PENALTIES RELATING TO RECORD-KEEPING AND REIMBURSEMENT ARRANGEMENTS Penalty for failure to keep and preserve records in connection with tax returns or claims Penalty for failure to keep and preserve records 143 1 A person who fails to comply with section 38 , 38A or 69 is liable to a penalty not exceeding £3,000. 2 But no penalty is incurred if WRA is satisfied that any facts that it reasonably requires to be proved, and which would have been proved by the records, are proved by other documentary evidence provided to it. Reasonable excuse for failure to keep and preserve records 144 1 If a person who fails to comply with section 38 , 38A or 69 satisfies WRA or (on appeal) the tribunal that there is a reasonable excuse for the failure, there is no liability to a penalty under section 143 in relation to the failure. 2 For the purposes of subsection (1)— a an insufficiency of funds is not a reasonable excuse unless attributable to events outside the person's control; b where the person relies on another person to do anything, that is not a reasonable excuse unless the first person took reasonable care to avoid the failure; c where the person had a reasonable excuse for the failure but the excuse has ceased, the person is to be treated as having continued to have the excuse if the failure is remedied without unreasonable delay after the excuse ceased. Assessment of penalties under section 143 145 1 Where a person becomes liable to a penalty under section 143, WRA must— a assess the penalty, and b issue notice to the person of the penalty assessed. 2 An assessment of a penalty under section 143 must be made within the period of 12 months beginning with the day on which WRA first believed the person to have failed to comply with section 38 , 38A or 69. CHAPTER 5 PENALTIES RELATING TO INVESTIGATIONS Penalties for failure to comply or obstruction Penalty for failure to comply with information notice or obstruction 146 1 This section applies to a person who— a fails to comply with an information notice, b deliberately obstructs WRA in the course of an inspection, or in the exercise of a power, that has been approved by the tribunal under section 108, c deliberately obstructs WRA in the exercise of its power under section 113(3), or d fails to comply within a reasonable time with a requirement under section 113(5). 2 The person is liable to a penalty of £300. 3 The reference to a person who fails to comply with an information notice includes a person who conceals, destroys or otherwise disposes of (or arranges for the concealment, destruction or disposal of) a document in breach of section 114 or 115. Daily default penalty for failure to comply with information notice or obstruction 147 1 This section applies if the failure or obstruction mentioned in section 146(1) continues after the day on which a penalty notice is issued under section 153(1)(b) in respect of the failure or obstruction. 2 But this section does not apply if— a the failure is in respect of a debtor contact notice, or b a decision relating to the penalty under section 146 in respect of the failure or obstruction is the subject of— i a review for which notice of the conclusions has not yet been issued, or ii an appeal which has not yet been finally determined or withdrawn. 3 The person is liable to a further penalty or penalties not exceeding £60 for each day on which the failure or obstruction continues. Effect of extension of time limit for compliance 148 Liability to a penalty under section 146 or 147 does not arise in respect of a failure by a person to do anything required to be done within a limited period of time if the person did it within such further time (if any) as WRA may have allowed. Reasonable excuse for failure to comply or obstruction 149 1 Liability to a penalty under section 146 or 147 does not arise if the person satisfies WRA or (on appeal) the tribunal that there is a reasonable excuse for the failure or the obstruction of WRA. 2 For the purposes of this section— a an insufficiency of funds is not a reasonable excuse unless attributable to events outside the person's control; b where the person relies on another person to do anything, that is not a reasonable excuse unless the first person took reasonable care to avoid the failure or obstruction; c where the person had a reasonable excuse for the failure or obstruction but the excuse has ceased, the person is to be treated as having continued to have the excuse if the failure is remedied, or the obstruction stops, without unreasonable delay after the excuse ceased. Further penalties for continuing failure to comply or obstruction Increased daily default penalty for failure to comply with information notice 150 1 This section applies if— a a penalty under section 147 is assessed under section 153 in respect of a person's failure to comply with an unidentified third party notice, b the failure continues for more than 30 days beginning with the day on which notice of the penalty was issued, and c the person has been told that an application may be made under this section for an increased daily penalty to be imposed. 2 WRA may make an application to the tribunal for an increased daily penalty to be imposed on the person. 3 But WRA may not make such an application if a decision relating to a penalty under section 146 or 147 in respect of the failure is the subject of— a a review for which notice of the conclusions has not yet been issued, or b an appeal which has not yet been finally determined or withdrawn. 4 If the tribunal decides that an increased daily penalty should be imposed, then for each applicable day on which the failure continues— a the person is not liable to a penalty under section 147 for the failure, and b the person is liable instead to a penalty under this section of an amount determined by the tribunal. 5 The tribunal may not determine an amount exceeding £1,000 for each applicable day. 6 In determining the amount the tribunal must have regard to— a the likely cost to the person of complying with the notice, b any benefits to the person of not complying with it, and c any benefits to anyone else resulting from the person's non-compliance. 7 If a person becomes liable to a penalty under this section, WRA must issue to the person notice of that fact. 8 The notice must state the first day on which the increased penalty is to apply. 9 That day and any subsequent day on which the failure continues is an “ applicable day ” for the purposes of this section and section 153(4). Tax-related penalty for failure to comply with information notice or obstruction 151 1 This section applies where— a a person becomes liable to a penalty under section 146, b the failure or obstruction continues after the day on which a penalty notice is issued under section 153(1)(b) in respect of the penalty, c WRA has reason to believe that, as a result of the failure or obstruction, i the amount of WRA-collected tax that the person has paid, or is likely to pay, or ii the amount that the person has paid, or is likely to pay in respect of a tax credit, is significantly less than it would otherwise have been, d before the end of the period of 12 months beginning with the relevant date, WRA makes an application to the Upper Tribunal for an additional penalty to be imposed on the person (see subsection (6)) and gives notice of the application to the person, and e the Upper Tribunal decides that it is appropriate for an additional penalty to be imposed. 2 The person is liable to a penalty of an amount determined by the Upper Tribunal. 3 In determining the amount, the Upper Tribunal must have regard to i the amount of WRA-collected tax or ii the amount in respect of a tax credit, which has not been, or is not likely to be, paid by the person. 4 Any penalty under this section is in addition to the penalty or penalties under section 146 or 147. 5 In subsection (1)(d), the “ relevant date ” means— a in a case involving an information notice against which a person may appeal, the latest of— i the day on which the person became liable to the penalty under section 146, ii if no appeal against the information notice is made, the end of the period in which such an appeal could have been made, and iii if such an appeal is made, the day on which the appeal is finally determined or withdrawn, and b in any other case, the day on which the person became liable to the penalty under section 146. 6 WRA may not make an application of the kind mentioned in subsection (1)(d) if a decision relating to a penalty under section 146, 147 or 150 in respect of the failure or obstruction is the subject of— a a review for which notice of the conclusions has not yet been issued, or b an appeal which has not yet been finally determined or withdrawn. Penalty for inaccurate information or documents Penalty for inaccurate information or documents 152 1 This section applies if— a a person provides inaccurate information, or produces a document that contains an inaccuracy, in complying with an information notice other than a debtor contact notice, and b condition 1, 2 or 3 is met. 2 Condition 1 is that the inaccuracy is— a deliberate, or b due to a failure by the person to take reasonable care. 3 Condition 2 is that the person knows of the inaccuracy at the time the information is provided or the document is produced but does not inform WRA at that time. 4 Condition 3 is that the person— a discovers the inaccuracy some time later, and b fails to take reasonable steps to inform WRA. 5 The person is liable to a penalty not exceeding £3,000. 6 Where the information or document contains more than one inaccuracy in respect of which condition 1, 2 or 3 is met, a penalty is payable for each such inaccuracy. Penalties under Chapter 5: general Assessment of penalties under Chapter 5 153 1 Where a person becomes liable for a penalty under this Chapter, WRA must— a assess the penalty, and b issue a notice to the person of the penalty assessed. 2 An assessment of a penalty under section 146 or 147 must be made within the period of 12 months beginning with the day on which the person became liable to the penalty. 3 But in a case involving an information notice against which a person may appeal, an assessment of a penalty under section 146 or 147 must be made within the period of 12 months beginning with the latest of the following— a the day on which the person became liable to the penalty, b if no appeal against the notice is made, the end of the period in which such an appeal could have been made, and c if such an appeal is made, the day on which the appeal is finally determined or withdrawn. 4 An assessment of penalties under section 150 must be made— a at the end of the period of 7 days beginning with the first applicable day, and b at the end of each subsequent period of 7 days that includes an applicable day. 5 An assessment of a penalty under section 151 must be made within the period of 12 months beginning with the day on which the Upper Tribunal decided that it was appropriate for the penalty to be imposed. 6 An assessment of a penalty under section 152 must be made— a within the period of 12 months beginning with the day on which the inaccuracy first came to the attention of WRA, and b within the period of 6 years beginning with the day on which the person became liable to the penalty. CHAPTER 6 PAYMENT OF PENALTIES Payment of penalties 154 A penalty under this Part must be paid before the end of the period of 30 days beginning with the day on which notice of the penalty was issued (but see section 182). Liability of personal representatives 154A 1 If a person liable to a penalty (““P””) has died, any penalty that could have been assessed on P may be assessed on the personal representatives of P. 2 Any penalty assessed accordingly is to be paid out of P's estate. CHAPTER 7 SUPPLEMENTARY Double jeopardy 155 A person is not liable to a penalty under this Act in respect of anything if the person has been convicted of an offence in relation to it. Power to make regulations about penalties 156 1 The Welsh Ministers may by regulations make provision (or further provision) about— a the amounts of penalties under this Part; b the procedure for assessing penalties under this Part. 2 Regulations under this section may modify any enactment (including this Act). 3 Regulations under this section may not apply— a to a failure beginning before the day on which the regulations come into force, or b to an inaccuracy in any information or document provided to WRA before that day. PART 6 INTEREST CHAPTER 1 INTEREST ON AMOUNTS PAYABLE TO WRA ... Late payment interest on WRA-collected taxes 157 1 This section applies to an amount of WRA-collected tax— a stated in a tax return as— i the tax chargeable, or ii if the tax return is a further return made by the buyer in a land transaction, the land transaction tax (or additional land transaction tax) payable; b payable— i as a result of an amendment to a tax return under section 41, 45 or 50; ii as a result of a correction to a tax return under section 42; iii in accordance with an assessment made in addition to a tax return under section 54 or 55, or c payable in accordance with— i a determination under section 52, or ii an assessment under section 54 or 55, made in place of a tax return which was required to be made. 1A This section also applies to an amount of landfill disposals tax charged by a charging notice issued under section 49 or 50 of LDTA. 2 If the amount is not paid before the late payment interest start date, the amount carries interest (referred to in this Part as “ "late payment interest” ”) at the late payment interest rate for the period— a beginning with the late payment interest start date, and b ending with the date of payment. 3 The late payment interest start date is — a in the case of an amount falling within subsection (1)(a) or (b), the date after the filing date for the tax return; b in the case of an amount falling within subsection (1)(c) the date after the filing date for the tax return which was required to be made. c in the case of an amount falling within subsection (1A), the date immediately after the end of the period specified in section 51 of LDTA. 4 But where section 160 applies the late payment interest start date is the date specified in that section. Late payment interest on penalties 157A 1 This section applies to an amount of penalty relating to WRA-collected tax . 2 If the amount is not paid on or before the date by which it is required to be paid, the amount carries interest (referred to in this Part as “ "late payment interest” ”) at the late payment interest rate for the period— a beginning with the following day, and b ending with the date of payment. 3 But where section 160 applies, the late payment interest start date is the date specified in that section. Late payment interest on amounts payable in respect of tax credit 157B 1 This section applies to an amount payable in respect of a tax credit. 2 If the amount is not paid on or before the date by which it is required to be paid, the amount carries interest (referred to in this Part as “late payment interest”) at the late payment interest rate for the period— a beginning with the late payment interest start date, and b ending with the date of payment. 3 Where the amount is payable as a result of a WRA assessment in a case involving a situation mentioned in section 55A(a) or (b), the late payment interest start date is— a if the tax credit in question was claimed in a tax return, the day after the filing date for the tax return; b if the tax credit in question was claimed by any other means, the day after that on which an amount equal to the amount was paid to a person in respect of the claim. 4 Where the amount is payable as a result of a WRA assessment in a case involving a situation mentioned in section 55A(c), the late payment interest start date is the day after that by which the amount was required to be paid. 5 But where section 160 applies, the late payment interest start date for the purposes of this section is the date specified in that section. Late payment interest: supplementary 158 1 This section applies for the purposes of sections 157 , 157A and 157B . 2 Late payment interest is not payable on late payment interest. 3 A late payment interest start date may be a non-business day within the meaning of section 92 of the Bills of Exchange Act 1882 (c. 61). 4 The date of payment, in relation to an amount, includes the date on which the amount is set off against an amount payable by WRA. 5 “ "Late payment interest rate” ” has the meaning given by section 163(1). ... Late payment interest start date: amendments to assessments etc. 159 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Late payment interest start date: death of taxpayer 160 1 This section applies if— a a person who is— i chargeable to an amount of WRA-collected tax or penalty relating to WRA-collected tax, or ii required to pay an amount in respect of a tax credit, dies before the amount becomes payable, and b the executor or administrator is unable to pay the amount before obtaining probate or letters of administration or another document having equivalent effect under the law of a country or territory other than England and Wales in relation to the deceased person's estate. 2 The late payment interest start date for that amount is the later of the following— a the date which would be the late payment interest start date apart from this section, and b the day after the end of the period of 30 days beginning with the grant of probate or letters of administration or another document having equivalent effect under the law of a country or territory other than England and Wales in relation to the deceased person's estate. CHAPTER 2 INTEREST ON AMOUNTS PAYABLE BY WRA Repayment interest Repayment interest on amounts payable by WRA 161 1 This section applies to any relevant amount paid by a person to WRA that is repaid by WRA to that person or to another person. 2 “ Relevant amount ” means an amount paid in connection with any liability (including any purported or anticipated liability) to pay to WRA— a an amount of WRA-collected tax, ... b an amount of penalty relating to WRA-collected tax , or c an amount in respect of a tax credit. 3 If an amount to which this section applies is not repaid before the repayment interest start date, the amount carries interest (referred to in this Part as “ repayment interest ”) at the repayment interest rate for the period— a beginning with the repayment interest start date, and b ending with the date of repayment. 4 The repayment interest start date for the relevant amount is the later of— a the day on which the relevant amount was paid to WRA, and b the day on which the amount mentioned in subsection (2)(a), (b) or (c) , in connection with which the relevant amount was paid, became payable to WRA. 5 Subsection (3)(a) applies even if the repayment interest start date is a non-business day within the meaning of section 92 of the Bills of Exchange Act 1882 (c. 61). 6 In this section, “ repayment interest rate ” has the meaning given by section 163(2). Repayment interest: supplementary 162 1 Repayment interest is not payable on an amount payable in consequence of an order or judgment of a court having power to allow interest on the amount. 2 Repayment interest is not payable on repayment interest. 3 The date of repayment, in relation to an amount to which section 161 applies, includes the date on which it is set off against an amount owed to WRA. CHAPTER 3 RATES OF INTEREST Rates of late payment interest and repayment interest 163 1 The late payment interest rate is the rate provided for in regulations made by the Welsh Ministers. 2 The repayment interest rate is the rate provided for in regulations made by the Welsh Ministers. 3 Regulations under subsection (1) or (2)— a may make different provision for different purposes; b may either themselves specify a rate of interest or make provision for a rate to be determined (and to change from time to time) by reference to a rate or an average of rates referred to in regulations; c may provide for rates to be reduced below, or increased above, what they would otherwise be by reference to specified amounts or specified formulae; d may provide for rates arrived at by reference to averages to be rounded up or down; e may provide for circumstances in which alteration of a rate of interest is or is not to take place; f may provide that alterations of rates are to have effect for periods beginning on or after a day determined in accordance with the regulations in relation to interest running from before that day as well as from or from after that day. PART 7 PAYMENT AND ENFORCEMENT Payment Meaning of “relevant amount” 164 In this Part, “ relevant amount ” means— a WRA-collected tax; b interest on WRA-collected tax; c a penalty relating to WRA-collected tax; d interest on a penalty relating to WRA-collected tax; e an amount payable in respect of a tax credit; f interest on an amount payable in respect of a tax credit. Relevant amounts payable to WRA 165 Any relevant amount that becomes payable (whether under an enactment or contract settlement) is payable to WRA. Receipts for payment 166 When a relevant amount is paid to WRA, WRA must give a receipt if requested to do so. Fees for payment 167 1 The Welsh Ministers may by regulations provide that a person who pays a relevant amount to WRA using a method of payment prescribed by the regulations must also pay a fee prescribed by, or determined in accordance with, the regulations. 2 Regulations under this section may make provision about the time and manner in which the fee must be paid. Certification of debt Certificates of debt 168 1 A certificate of WRA that a relevant amount has not been paid to WRA is sufficient evidence that the amount is unpaid unless the contrary is proved. 2 A document purporting to be such a certificate is to be treated as if it were such a certificate unless the contrary is proved. Recovery Proceedings in magistrates' court 169 1 Where a relevant amount is payable by a person and it does not exceed £2,000, it is recoverable summarily as a civil debt. 2 All or any of the amounts recoverable under this section that are payable by any one person may be included in the same complaint, summons or other document required to be laid before or issued by a justice of the peace. 3 Each such document is to be treated, in respect of each amount, as a separate document and its invalidity as respects one amount does not affect its validity in respect of any other amount. 4 Where a relevant amount consists of WRA-collected tax or a penalty or an amount payable in respect of a tax credit , proceedings may be brought under this section within the period of 12 months beginning with the day following that on or before which the WRA-collected tax , penalty or other amount was required to be paid. 5 Where a relevant amount consists of interest on WRA-collected tax or on a penalty or on an amount payable in respect of a tax credit , proceedings may be brought under this section within the period of 12 months beginning with the day following that on or before which the WRA-collected tax , penalty or other amount was required to be paid. 5A Where a relevant amount includes an amount of land transaction tax in respect of which WRA has agreed to defer payment, any deferral period in respect of that amount (as determined under Chapter 3 of Part 6 of LTTA) must be ignored in calculating the period of 12 months referred to in subsection (4) or (5). 5B Where a relevant amount includes an amount treated as a postponed amount by virtue of section 181G, any postponement period in respect of that amount (as determined under that section) must be ignored in calculating the period of 12 months referred to in subsection (4) or (5). 6 The Welsh Ministers may by regulations increase the amount specified in subsection (1). Enforcement by taking control of goods 170 1 If a person does not pay WRA a relevant amount which is payable by the person, WRA may use the procedure in Schedule 12 to TCEA (taking control of goods) to recover that amount. 2 In section 63(3) of that Act (enforcement agents), after paragraph (b) insert— ba a person authorised to use the procedure in Schedule 12 by the Welsh Revenue Authority (or by a person to whom the Welsh Revenue Authority has delegated the function of authorising the use of the procedure); . PART 8 REVIEWS AND APPEALS CHAPTER 1 INTRODUCTORY Overview Overview of Part 171 1 This Part makes provision for reviews of and appeals against certain decisions made by WRA, including provision about— a the decisions which are appealable decisions, b the right to request WRA to review appealable decisions, c the duty of WRA to carry out reviews on request, d the effect of review conclusions, e the right to appeal to the tribunal against appealable decisions, whether following review or otherwise, and f the duty of the tribunal to determine those appeals. 2 This Part also makes provision for disputes relating to appealable decisions to be settled by agreement. Appealable decisions Appealable decisions 172 1 A person to whom an appealable decision applies— a may request a review of the decision (subject to subsection (4)), and b may appeal against the decision, in accordance with the following provisions of this Part. 2 The following decisions by WRA are appealable decisions— a a decision which affects whether a person is chargeable to a WRA-collected tax; b a decision which affects the amount of a WRA-collected tax to which a person is chargeable; c a decision which affects the day by which an amount of a WRA-collected tax must be paid; d a decision about a penalty relating to a WRA-collected tax; da a decision relating to a penalty point for failure to make a visitor levy return (within the meaning of Part 5); db a decision to issue a taxpayer notice, or to include a particular requirement in such a notice, where the tribunal did not approve the issuing of the notice; e a decision to issue an information notice or to include a particular requirement in such a notice. f a decision to issue a notice under paragraph 14 of Schedule 16 to LTTA (recovery of group relief: notice requiring payment by another group company or controlling director); g a decision to issue a notice under paragraph 9 of Schedule 17 to that Act (recovery of reconstruction or acquisition relief: notice requiring payment by another group company or controlling director); h a decision relating to the method to be used by the operator of an authorised landfill site to determine the weight of material for the purposes of landfill disposals tax; i a decision relating to the registration of a person for the purposes of landfill disposals tax; j a decision relating to the designation of a non-disposal area for the purposes of landfill disposals tax; k a decision relating to the designation of a group of bodies corporate for the purposes of landfill disposals tax; l a decision relating to a tax credit in respect of landfill disposals tax. 2A In subsection (2), “ operator ”, “ authorised landfill site ”, “ registration ” and “ non-disposal area ” have the same meanings as in LDTA. 3 But the following decisions are not appealable decisions— a a decision to issue a notice of enquiry under section 43 or 74; b a decision to issue— i a taxpayer notice where the tribunal approved the issuing of the notice , or ii a third party notice to which section 90(3) applies; c a decision to include a particular requirement in— i a taxpayer notice where the tribunal approved the issuing of the notice , or ii a third party notice to which section 90(3) applies. 4 Where the tribunal has approved the issuing of an information notice, a person may not request a review of WRA's decision to issue the notice. 5 Where a review may be requested, or an appeal made, in respect of a decision to issue an information notice or include a requirement in such a notice, it may be requested or made only on the following grounds— a that it is unreasonable to require the person to whom the notice was issued to comply with the notice or requirement; b that a provision of sections 97 to 102 prevents the notice from requiring the person to provide the information or produce the document; c in the case of an identification notice issued under section 92 or a debtor contact notice issued under section 93, that condition 4 of that section has not been met. 6 In the case of a decision to issue an information notice or to include a particular requirement in such a notice, the person to whom the decision applies for the purposes of subsection (1) is the person to whom the notice was issued. 7 The Welsh Ministers may by regulations— a modify this section to— i add a decision to subsection (2) or (3); ii vary the description of a decision in either of those subsections; iii remove a decision from either of those subsections; b amend this Part in order to make provision about the grounds on which a review may be requested, or an appeal made, in respect of an appealable decision. CHAPTER 2 REVIEWS Requesting a review 173 1 A request to review an appealable decision must be made by giving a notice (a “notice of request”) to WRA. 2 A notice of request must set out the grounds for review. 3 But a person may not give a notice of request if subsection (4), (5) or (6) applies. 4 This subsection applies where— a the decision which the person wishes WRA to review is a decision to amend the person's tax return under section 45 while an enquiry is in progress, and b the enquiry has not yet been completed. 5 This subsection applies where the person has appealed to the tribunal against the decision and the appeal has not been withdrawn. 6 This subsection applies where the person— a has entered into a settlement agreement in relation to the decision which the person wishes WRA to review, and b has not given notice of withdrawal from the agreement under section 184(4). 7 This section does not prevent an appealable decision from being dealt with in accordance with section 184. Time limit for requesting a review 174 1 Where a notice of request is given to WRA before the end of the relevant period, WRA must review the decision to which the notice relates. 2 Subject to subsection (3), the relevant period is— a where the request relates to a decision to amend the person's tax return under section 45 while an enquiry is in progress, the period of 30 days beginning with the day on which WRA issues a closure notice informing the person that the enquiry is completed; b where the request relates to a decision of any other kind, the period of 30 days beginning with the day on which WRA issues the notice informing the person of the decision. 3 Where the person— a has entered into a settlement agreement in respect of the decision to which the request relates, but b has subsequently given notice of withdrawal from the agreement under section 184(4), the relevant period is the period of 30 days beginning with the day on which the notice of withdrawal is given. Late request for review 175 1 Where a person gives a notice of request to WRA after the relevant period— a WRA may review the decision to which the notice relates, and b must do so if it is satisfied that the person— i had a reasonable excuse for not giving it during the relevant period, and ii subsequently gave it to WRA without unreasonable delay. 2 WRA must issue a notice to the person indicating whether or not it will review the decision. 3 Where WRA issues a notice indicating that it will not review the decision, the person may apply to the tribunal for a direction requiring WRA to carry out the review. 4 The tribunal may give such a direction, and must do so if it is satisfied that the applicant — a had a reasonable excuse for not giving the notice of request to WRA during the relevant period, b subsequently gave it to WRA without unreasonable delay, and then c applied to the tribunal without unreasonable delay. 5 In this section, “ the relevant period ” has the same meaning as in section 174. Carrying out a review 176 1 The nature and extent of the review are to be such as appear appropriate to WRA in the circumstances. 2 For the purpose of subsection (1), WRA must, in particular, have regard to steps taken before the beginning of the review— a by WRA in reaching the decision, and b by any person in seeking to resolve disagreement about the decision. 3 The review must take account of any representations made by the person who gave the notice of request at a stage which gives WRA a reasonable opportunity to consider them. 4 The review may conclude that WRA's decision is to be— a affirmed, b varied, or c cancelled. 5 WRA must issue notice of the conclusions of the review to the person who gave the notice of request— a within the period of 45 days beginning with the day on which WRA received the notice of request, or b within such other period as WRA and the person may agree. 6 But where the tribunal directs WRA to carry out a review, WRA must issue notice of the conclusions of the review— a within the period of 45 days beginning with the day on which the tribunal gave the direction, or b within such other period as WRA and the person may agree. 7 If WRA fails to issue notice in accordance with subsection (5) or (6)— a the review is deemed to have concluded that WRA's decision is to be upheld, and b WRA must issue notice of that to the person who gave the notice of request. Effect of conclusions of review 177 1 Where WRA issues notice under section 176(5), (6) or (7) in relation to a review— a the conclusions in the notice are to be treated as if the tribunal had determined an appeal against the decision to which the notice relates in the manner set out in the conclusions, but b the conclusions are not to be treated as a decision of the tribunal for the purposes of sections 9 to 13 of the Tribunals, Courts and Enforcement Act 2007 (c. 15) (review of decisions and appeals against decisions). 2 But subsection (1) does not apply if, or to the extent that— a WRA and the person subsequently enter into a settlement agreement in relation to the decision to which the notice relates, or b the tribunal subsequently determines an appeal made against the decision to which the notice relates. CHAPTER 3 APPEALS Making an appeal 178 1 An appeal against an appealable decision must be made to the tribunal. 2 But a person may not make an appeal to the tribunal if subsection (3), (4) or (5) applies. 3 This subsection applies where— a the decision which the person wishes to appeal against is a decision of WRA to amend the person's tax return under section 45 while an enquiry is in progress, and b the enquiry has not yet been completed. 4 This subsection applies where— a the person has given WRA notice of a request under section 173 for a review of the decision which the person wishes to appeal against, and b the period within which WRA must issue notice of the conclusions of the review under section 176(5) has not yet ended. 5 This subsection applies where the person— a has entered into a settlement agreement in relation to the decision which the person wishes to appeal against, and b has not given notice of withdrawal from the agreement under section 184(4). 6 This section does not prevent an appealable decision from being dealt with in accordance with section 184. Time limit for making an appeal 179 1 An appeal must be made to the tribunal before the end of the relevant period. 2 Subject to subsections (3) and (4), the relevant period is— a where the appeal relates to a decision to amend the appellant's tax return under section 45 while an enquiry is in progress, the period of 30 days beginning with the day on which WRA issues a closure notice informing the appellant that the enquiry is completed; b where the appeal relates to a decision of any other kind, the period of 30 days beginning with the day on which WRA issues the notice informing the appellant of the decision. 3 Subject to subsection (4), where WRA has reviewed the decision to which the appeal relates, the relevant period is the period of 30 days beginning with the day on which notice is issued to the appellant under section 176(5), (6) or (7) in relation to the review. 4 Where the appellant has entered into a settlement agreement in relation to the decision to which the appeal relates but has subsequently given notice of withdrawal from the agreement under section 184(4), the relevant period is— a the period of 30 days beginning with the day on which the notice of withdrawal is given, or b if later, the relevant period applicable under subsection (3). Making a late appeal 180 1 An appeal may be made to the tribunal after the relevant period if the tribunal gives permission. 2 In this section, “ the relevant period ” has the same meaning as in section 179. Determining an appeal 181 1 If an appeal against an appealable decision is made to the tribunal in accordance with section 179 or 180 (and not withdrawn), the tribunal must determine the appeal. 2 The tribunal may determine that the appealable decision is to be— a affirmed, b varied, or c cancelled. CHAPTER 3A PAYMENT AND RECOVERY OF WRA-collected TAX ETC SUBJECT TO REVIEW OR APPEAL Review or appeal not to affect requirement to pay 181A The fact that a person to whom an appealable decision applies has— a requested a review of the decision, or b appealed against it, does not affect any requirement on the person to pay an amount of WRA-collected tax (and interest on that amount). Postponement requests 181B 1 This section applies where a person— a gives a notice of request to review an appealable decision, or b makes an appeal against such a decision. 2 If the person thinks that an excessive amount of WRA-collected tax has been charged on the person in consequence of the decision, the person may make a request to WRA to postpone the recovery of the amount of WRA-collected tax that the person thinks is excessive (and interest on that amount) (a ““postponement request””). 3 A postponement request must specify— a the amount of WRA-collected tax in respect of which the request is made, ... b the reasons why the person making the request thinks the amount is excessive , and c where the request relates to an amount of landfill disposals tax, the reasons why the person making the request thinks that recovery of the amount (and interest on that amount) would cause the person financial hardship. 4 If WRA a thinks that the person making the postponement request has reasonable grounds for thinking that the amount of WRA-collected tax to which the request relates is excessive, and b where the request relates to an amount of landfill disposals tax, has reason to believe that recovery of the amount (and interest on that amount) would cause the person financial hardship, WRA may grant the postponement request. 5 If WRA a thinks that it is only in respect of part of the amount that the person has reasonable grounds for thinking the amount is excessive , or b where the request relates to an amount of landfill disposals tax, has reason to believe that it is only in respect of part of the amount (and interest on that part) that recovery would cause the person financial hardship, WRA may grant the request in respect of such part of the amount as it thinks appropriate. 6 WRA may make the grant of the postponement request (in whole or in part) conditional on the provision of adequate security. 7 WRA must issue a notice of its decision to the person who made the postponement request. Time limit for making a postponement request 181C 1 A postponement request connected to a review must be made by giving notice of the request to WRA before the end of the period specified in section 174 for requesting the review. 2 But if a late request for a review is made under section 175, the postponement request must be made at the same time as the late request. 3 A postponement request connected to an appeal must be made by giving notice to WRA before the end of the period specified in section 179 for making the appeal. 4 But if the tribunal gives permission under section 180 for a late appeal to be made, the postponement request must be made at the same time as permission is sought for the late appeal. 5 Subsections (1) and (3) are subject to section 181D. Late postponement request 181D 1 Where a person— a requests a review before the end of the period specified in section 174, and b makes a postponement request connected to the review after the end of that period, WRA may consider the postponement request only if it is satisfied that the conditions in subsection (3) are met. 2 Where a person— a makes an appeal before the end of the period specified in section 179, and b makes a postponement request connected to the appeal after the end of that period, WRA may consider the postponement request only if it is satisfied that the conditions in subsection (3) are met. 3 The conditions are that the person making the postponement request — a had a reasonable excuse for not making the request during the period specified in section 174 or 179, as the case may be, and b subsequently made the request without unreasonable delay. Application for tribunal review of decision on a postponement request 181E 1 A person who makes a postponement request may, within the period of 30 days beginning with the date WRA issues the notice of its decision on the request, apply to the tribunal for a review of WRA's decision. 2 The tribunal may determine that WRA's decision is to be— a affirmed, b cancelled, or c replaced by another decision that WRA could have made. Variation after postponement request granted 181F 1 This section applies where— a a postponement request has been granted by WRA or the tribunal, b there is a subsequent change in circumstances, and c in consequence of that change, either WRA or the person who made the request thinks— i that the amount of WRA-collected tax in respect of which the request was granted should be varied; ii where the grant of the request is conditional on the provision of adequate security, that the condition should be varied. 2 Either party may seek the agreement of the other by issuing a notice to the other party specifying the proposed variation. 3 If an agreement is reached, WRA must issue a notice to the person confirming the variation. 4 The variation has effect from the date WRA issues the notice under subsection (3). 5 If no agreement is reached within the period of 21 days beginning with the date the notice is issued under subsection (2), either party may apply to the tribunal for a determination. 6 The tribunal may determine such an application by— a confirming the proposed variation, b refusing the proposed variation, or c making such other variation as the tribunal thinks appropriate. Effect of postponement 181G 1 WRA must not take any action to recover a postponed amount during the postponement period. 2 A postponed amount means— a an amount of WRA-collected tax specified in a postponement request (unless the request is a late request made in accordance with section 181C(2) or (4) or section 181D), or b an amount of WRA-collected tax in respect of which a postponement request is granted by WRA or the tribunal. 3 In the case of a postponed amount falling within subsection (2)(a), the postponement period for the amount— a begins with the day on which the postponement request is made, and b ends— i if the request is granted, with the day on which it is granted, ii if the request is not granted and no application is made to the tribunal for a review of that decision, with the first day after the end of the period for making such an application, or iii if the request is not granted and an application is made to the tribunal for a review of that decision, with the day on which the tribunal makes its determination. 4 In the case of a postponed amount falling within subsection (2)(b) the postponement period for the amount— a begins with the date on which the postponement request is granted by WRA or the tribunal, and b ends— i if the postponement request was made in connection with a review of an appealable decision, with the day on which WRA issues a notice of the conclusions of the review, or ii if the postponement request was made in connection with an appeal against an appealable decision, with the day on which the tribunal determines the appeal. 5 Where a postponed amount falling within subsection (2)(b) is varied under section 181F, the varied amount is to be treated as the postponed amount from the date of the variation. 6 In this section, references to a postponement request being granted include cases where the request is granted in part. Postponement requests relating to further appeals 181H 1 Where a person makes (in accordance with TCEA) a further appeal against the tribunal's determination of an appeal against an appealable decision, sections 181B, 181C, 181E, 181F and 181G apply to the further appeal as they apply to an appeal, but as if the following modifications were made. 2 Section 181B has effect as if for subsections (3), (4) and (5), there were substituted— 3 A postponement request must specify— a the amount of WRA-collected tax in respect of which the request is made, b the reasons why the person making the request thinks the amount is excessive, and c the reasons why the person thinks that recovery of the amount (and interest on the amount) would cause the person serious financial hardship. 4 If WRA— a thinks that the person making the postponement request has reasonable grounds for thinking that the amount of WRA-collected tax to which the request relates is excessive, and b has reason to believe that recovery of the amount (and interest on the amount) would cause the person serious financial hardship, WRA may grant the request. 5 But if WRA— a thinks that it is only in respect of part of the amount that the person has reasonable grounds for thinking that the amount is excessive, or b has reason to believe that it is only in respect of part of the amount (and interest on that part) that recovery would cause the person serious financial hardship, WRA may grant the request in respect of such part of the amount as it thinks appropriate. 3 Section 181C has effect as if— a in subsection (3), for ““before the end of the period specified in section 179 for making the appeal”” there were substituted “ on or before the day on which the further appeal is made ” , and b subsection (4) were omitted. 4 Section 181F has effect as if, in subsection (1), for paragraph (a) there were substituted— a a postponement request has been granted by— i the Upper Tribunal where the request relates to a further appeal made under section 11 of TCEA, or ii the relevant appellate court specified under subsection (11) of section 13 of TCEA where the request relates to a further appeal made under that section, 5 Section 181G has effect as if— a in subsection (2)(a) the words ““(unless the request is a late request made in accordance with section 181C(2) or (4) or section 181D)”” were omitted, and b for subsection (4)(b) there were substituted— b ends on the day on which the further appeal is determined. . 6 The references in sections 181E(1) and (2), 181F(5) and (6) and 181G(2), (3) and (4) to ““the tribunal”” are to be read as references to— a the Upper Tribunal in a case where the further appeal is made under section 11 of TCEA, or b the relevant appellate court specified under subsection (11) of section 13 of TCEA in a case where the further appeal is made under that section. No further appeal or review of tribunal decisions relating to postponement requests 181I 1 In section 11(5) of TCEA (decisions excluded from right of appeal to Upper Tribunal ), after paragraph (cb) (as inserted by section 116(1) of this Act) insert— cc any decision of the First-tier Tribunal under section 181E or 181F of that Act (appeals relating to postponement requests), . 2 In section 13(8) of TCEA (decisions excluded from right of appeal to Court of Appeal etc. ), after paragraph (bb) (as inserted by section 116(2) of this Act) insert— bc any decision of the Upper Tribunal under section 181E or 181F of that Act (appeals relating to postponement requests), . Application of this Chapter to amounts payable in respect of tax credit 181J 1 This Chapter applies to the payment and recovery of amounts relating to tax credits— a as if references to an amount of WRA-collected tax (including amounts of landfill disposals tax) were references to an amount payable in respect of a tax credit, b as if references to interest on an amount of WRA-collected tax were references to interest on an amount payable in respect of a tax credit, and c as if references to WRA-collected tax being charged or chargeable on a person were references to an amount being payable by a person in respect of a tax credit. CHAPTER 4 MISCELLANEOUS AND SUPPLEMENTARY Consequences of reviews and appeals Payment of penalties in the event of a review or appeal 182 1 This section applies to a decision relating to a penalty to which a person may be liable. 2 Where WRA carries out a review in respect of the decision, the normal penalty payment date does not apply to any amount of penalty that is disputed (a “disputed amount”). 3 Where the review concludes that a disputed amount is payable, the person must pay that amount before the end of the period of 30 days beginning with the day on which notice is issued to the person under section 176(5) , (6) or (7) in relation to the review; but this is subject to subsection (4). 4 Where the person makes an appeal in respect of the decision— a the normal penalty payment date does not apply to any disputed amount, and b subsection (3) does not apply. 5 Where the appeal is withdrawn, the person must pay— a any disputed amount, if the decision has not been reviewed, or b if the decision has been reviewed, any disputed amount that the review has concluded to be payable, before the end of the period of 30 days beginning with the day of withdrawal. 6 Where it is finally determined, as a result of the appeal, that a disputed amount is payable, the person must pay that amount before the end of the period of 30 days beginning with the day on which the appeal is finally determined. 7 In this section, the “ normal penalty payment date ” means the date by which a penalty must be paid under— a section 154, or b section 70 of LDTA. Disposal of reviews and appeals in respect of information notices 183 1 Where the conclusions of a review under section 176 affirm or vary a decision to issue an information notice or a requirement in such a notice, the person to whom the notice was issued must comply with the notice or requirement (as affirmed or varied) within such period as WRA may specify. 2 Where the tribunal affirms or varies a decision to issue an information notice or include a requirement in such a notice, the person to whom the notice was issued must comply with the notice or requirement (as affirmed or varied)— a within the period specified by the tribunal, or b if the tribunal does not specify a period, within such period as WRA may specify. Suspension of repayment pending further appeal 183A 1 This section applies where— a on an appeal against an appealable decision, the tribunal determines that i an amount of WRA-collected tax paid by a person is to be repaid by WRA, or ii an amount paid by a person in respect of a tax credit is to be repaid by WRA, and b WRA applies under section 11(4) or 13(4) of TCEA for permission to make a further appeal. 2 When applying for permission WRA may request the tribunal's permission to postpone repayment of the amount until— a the further appeal is determined, or b WRA obtains adequate security for the amount. 3 The relevant tribunal or court must grant WRA's request if it— a gives permission for the further appeal to proceed, and b thinks that granting the request is necessary to protect the revenue. 4 If permission to make a further appeal is not given— a by the First-tier Tribunal on an application under section 11(4)(a) of TCEA, or b by the Upper Tribunal on an application under section 13(4)(a) of that Act, the fact that WRA made a request under subsection (2) when making the application for permission does not prevent WRA from making another request under that subsection if WRA applies for permission to make a further appeal under section 11(4)(b) or 13(4)(b) of TCEA. 5 But otherwise, the decision of the relevant tribunal or court on a request under subsection (2) is final. 6 In this section— “ "relevant tribunal or court” ” (“ " tribiwnlys neu lys berthnasol ”") means whichever of the following WRA applies to for permission to make a further appeal— the First-tier Tribunal; the Upper Tribunal; the relevant appellate court; “ "relevant appellate court” ” (“ " llys apeliadol perthnasol ”") means the court specified as such under section 13(11) of TCEA. Settlement agreements Settling disputes by agreement 184 1 A “ settlement agreement ” means an agreement between a person to whom an appealable decision applies (a “relevant person”) and WRA that the decision is to be— a affirmed, b varied, or c cancelled. 2 Where a relevant person and WRA enter into a settlement agreement, the consequences are to be the same as if, at the time that the agreement was entered into, the tribunal had determined an appeal against the appealable decision in the manner set out in the agreement. 3 But a settlement agreement is not to be treated as a decision of the tribunal for the purposes of sections 9 to 13 of the Tribunals, Courts and Enforcement Act 2007 (c. 15) (review of decisions and appeals against decisions). 4 Subsection (2) does not apply if, within 30 days from the day on which the settlement agreement was entered into, the relevant person gives notice to WRA that the person wishes to withdraw from the agreement. 5 Subsection (2) does not apply to a settlement agreement which is not in writing unless the fact that the agreement was entered into and the terms agreed are confirmed by notice issued by WRA to the relevant person. 6 Where a notice is issued in accordance with subsection (5), the references in subsections (2) and (4) to the time at which the settlement agreement is entered into are to be treated as references to the time at which the notice is issued. 7 A relevant person and WRA may not enter into a settlement agreement in relation to an appealable decision if an appeal against the decision has been finally determined. PART 9 INVESTIGATION OF CRIMINAL OFFENCES Powers to investigate criminal offences 185 1 After section 114 of the Police and Criminal Evidence Act 1984 (c. 60) (application of Act to Revenue and Customs) insert— Application of Act to Welsh Revenue Authority 114ZA 1 The Welsh Ministers may by regulations— a direct that any provision of this Act which relates to investigations of offences conducted by police officers or to the detention of persons by the police is to apply, subject to such modifications as the regulations may specify, to investigations of offences conducted by the Welsh Revenue Authority (“WRA”) or to the detention of persons by WRA in connection with such investigations; b make provision permitting a person exercising a function conferred on WRA by the regulations to use reasonable force in the exercise of such a function; c specify that where premises are searched by WRA in reliance on a warrant under section 8 of, or paragraph 12 of Schedule 1 to, this Act (as applied by regulations under paragraph (a)) persons found on the premises may be searched— i in such cases and circumstances as are specified in the regulations, and ii subject to any conditions specified in the regulations. 2 Regulations under subsection (1) may— a make provision that applies generally or only in specified cases, b make different provision for different cases or circumstances, and c may, in modifying a provision, in particular impose conditions on the exercise of a function. 3 The power to make regulations under subsection (1) is exercisable by statutory instrument. 4 A statutory instrument containing regulations under subsection (1) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales. 2 After section 67 of the Criminal Justice and Police Act 2001 (c. 16) (application of Part 2 to officers of Revenue in Customs) insert— Application to Welsh Revenue Authority 67A 1 The Welsh Ministers may by regulations— a direct that any provision of this Part is to apply, subject to such modifications as the regulations may specify, to investigations of offences conducted by the Welsh Revenue Authority; b make provision permitting a person exercising a function conferred on the Welsh Revenue Authority by the regulations to use reasonable force in the exercise of such a function. 2 Regulations under subsection (1) may— a make provision that applies generally or only in specified cases, b make different provision for different cases or circumstances, and c may, in modifying a provision, in particular impose conditions on the exercise of a function. 3 The power to make regulations under subsection (1) is exercisable by statutory instrument. 4 A statutory instrument containing regulations under subsection (1) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales. Proceeds of crime 186 1 The Proceeds of Crime Act 2002 (c. 29) is amended as follows. 2 In section 72 (compensation), in subsection (9)(f), after “(c)” insert “ , (da) ” . 3 In section 302 (compensation), after subsection (7A)(d) insert— da in the case of an investigator who was exercising a function of the Welsh Revenue Authority, it is to be paid by the Welsh Revenue Authority, . 4 In section 453 (references to financial investigators), after subsection (1) insert— 1A The Welsh Ministers may by order provide that a specified reference in this Act to an accredited financial investigator includes a reference to a person exercising a function of the Welsh Revenue Authority who falls within a specified description. 5 In section 459 (orders and regulations)— a in subsection (4), after paragraph (a) insert— aa an order made by the Welsh Ministers under section 453(1A); , and b after that subsection insert— 4A A statutory instrument containing an order under section 453(1A) is subject to annulment in pursuance of a resolution of the National Assembly for Wales. Regulation of investigatory powers 187 1 The Regulation of Investigatory Powers Act 2000 (c. 23) is amended as follows. 2 In section 30 (persons entitled to grant authorisations for directed surveillance and covert human intelligence)— a in subsection (6), after “prejudice to” insert “ subsection (6A) and ” , and b after that subsection insert— 6A The power in subsection (1) to make an order under this section prescribing individuals as persons designated for the purposes of sections 28 and 29 is exercisable by the Welsh Ministers for the purposes of prescribing persons exercising Welsh Revenue Authority functions of such description or holding such offices, ranks or positions as may be prescribed. 6B Any such order made by the Welsh Ministers may— a make different provision for different cases; b contain such incidental, supplemental, consequential and transitional provision as the Welsh Ministers think fit. 6C The Welsh Ministers' power to make such an order is exercisable by statutory instrument. 6D A statutory instrument containing such an order is subject to annulment in pursuance of a resolution of the National Assembly for Wales. 3 In Schedule 1 (relevant public authorities), after paragraph 16 insert— The Welsh Revenue Authority 16A The Welsh Revenue Authority. PART 10 FINAL PROVISIONS Crown application for the purposes of Land Transaction Tax 187A 1 In so far as the following provisions of this Act apply to land transaction tax, they bind the Crown— a Part 3; b Part 4 (other than Chapter 6); c Part 6 (other than sections 157A, 160 and 161(2)(b)); d Part 7 (other than sections 168, 169 and 170); e Part 8 (other than sections 172(1)(d) and (e), (3)(b) and (c), (4), (5) and (6), 182 and 183); f sections 190 and 191. 2 But Part 4 does not apply to Her Majesty in Her private capacity (within the meaning of section 38(3) of the Crown Proceedings Act 1947 (c. 44)). Crown application for the purposes of the visitor levy 187B 1 This Act, in so far as it applies in relation to the visitor levy, binds the Crown. 2 This Act, in so far as it applies in relation to the visitor levy, does not make the Crown criminally liable, but it applies to persons in the service of the Crown as it applies to other persons. 3 In subsections (1) and (2), references to “this Act include a reference to an enactment made under this Act. Power to make consequential etc. provision 188 1 The Welsh Ministers may by regulations make such incidental, consequential or supplemental provision as they think appropriate for the purposes of, or in connection with, this Act. 2 Regulations under this section may amend, revoke or repeal any enactment (including any provision of this Act). Regulations 189 1 Any power to make regulations under this Act— a is exercisable by statutory instrument, and b includes power to make different provision for different purposes. 2 A statutory instrument containing regulations under section 18(2), 24A(5), 122(5), 156 or 172(7) (whether alone or with any other provision) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales. 3 Any other statutory instrument containing regulations under this Act is subject to annulment in pursuance of a resolution of the National Assembly for Wales. Issue of notices by WRA 190 1 This section applies where a provision of the Visitor Accommodation (Register and Levy) Etc. (Wales) Act 2025 (asc 00) , the Welsh Tax Acts, or of regulations made under them, authorises or requires WRA to issue a notice to a person (whether the expression “issue” or any other expression is used) (but see subsection (9)). 1A A notice must specify the day on which it is issued. 1B If the person to whom the notice is issued cannot reasonably ascertain the effect of the notice because of a mistake in it or omission from it (including a mistake or omission relating to the person's name), the notice is to be treated as not having been issued. 2 The notice may be issued to the person— a by being delivered personally to the person, b by leaving it at the person's proper address, c by being sent by post to the person's proper address, or d where subsection (3) applies, by sending it electronically to an address provided for that purpose. 3 This subsection applies where the person to whom the notice is to be issued has agreed in writing that it may be sent electronically. 4 For the purposes of subsection (2)(a), a notice may be delivered personally to a body corporate by giving it to the secretary or clerk of that body. 5 Where WRA issues a notice in the manner mentioned in subsection (2)(b), the notice is to be treated as having been received at the time it was left at the person's proper address unless the contrary is shown. 6 For the purposes of subsection (2)(b) and (c), the proper address of a person is— a in the case of a body corporate, either— i the address of the registered or principal office of the body, or ii where the most recent tax return made by the body to WRA contains an address purporting to be the body’s address, that address; b in the case of a person acting in his or her capacity as a partner in a partnership, either— i the address of the principal office of the partnership, or ii where the most recent tax return made by the partnership to WRA contains an address purporting to be the partnership’s address, that address; c in any other case, the last known address of the person. 7 Where WRA issues a notice in the manner mentioned in subsection (2)(c) by sending it to an address in the United Kingdom, the notice is to be treated as having been received 48 hours after it is sent unless the contrary is shown. 8 Where WRA issues a notice in the manner mentioned in subsection (2)(d), the notice is to be treated as having been received 48 hours after it is sent unless the contrary is shown. 9 This section does not apply to any notice that WRA may— a provide to a person under section 103(4) or 105(3) (including any notice provided under section 103(4) as applied by sections 103A(4) and 103B(5)) , or b give to the tribunal. 10 In this section “ notice ” includes a copy of a notice. Giving notices and other documents to WRA 191 1 This section applies where a provision of the Visitor Accommodation (Register and Levy) Etc. (Wales) Act 2025, the Welsh Tax Acts, or of regulations made under them, requires or permits a person to make a tax return or to give a notice or other document to WRA (whether the expression “give” or any other expression is used) (but see subsection (4)). 2 The tax return, notice or other document must— a be in such form, b contain such information, c be accompanied by such other documents, and d be given in such manner, as may be specified by WRA. 3 But subsection (2) is subject to any different provision made in or under the Welsh Tax Acts or the Visitor Accommodation (Register and Levy) Etc. (Wales) Act 2025 . 4 This section does not apply to any document given to WRA by the Welsh Ministers or the tribunal. Interpretation 192 1 For the purposes of this Act, an appeal or referral is finally determined when— a it has been determined, and b there is no further possibility of the determination being varied or set aside (disregarding any power to grant permission to appeal out of time). 2 In this Act— “ buyer ” (“ prynwr ") has the same meaning as in LTTA; “ contract settlement ” (“ setliad contract ”) means an agreement made in connection with any person's liability to make a payment to WRA under any enactment; “ devolved tax ” (“ treth ddatganoledig ”) has the meaning given by section 116A(4) of the Government of Wales Act 2006 (c. 32); ... “ enactment ” (“ deddfiad ”) means an enactment (whenever enacted or made) which is, or is contained in— an Act of Parliament, an Act or a Measure of the National Assembly for Wales, or subordinate legislation (within the meaning of the Interpretation Act 1978 (c. 30)) made under— an Act of Parliament, or an Act or a Measure of the National Assembly for Wales; “ financial year ” (“ blwyddyn ariannol ”) means— the period beginning with the establishment of WRA and ending with 31 March in the following year, and each subsequent period of a year ending with 31 March; “ landfill disposals tax ” (“ treth gwarediadau tirlenwi ”) has the same meaning as in LDTA; “ land transaction” (“ trafodiad tir ") has the same meaning as in LTTA; “ LDTA ” (“ DTGT ”) means the Landfill Disposals Tax (Wales) Act 2017 (anaw 3); “ local authority ” (“ awdurdod lleol ”) means— a county council or county borough council in Wales, a district council or county council in England, a London borough council, the Common Council of the City of London or the Council of the Isles of Scilly, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39), or a district council in Northern Ireland; “ LTTA ” (“ DTTT ") means the Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (anaw 0); “ notice ” (“ hysbysiad ”) means notice in writing; “ partnership ” (“ partneriaeth ”) means— a partnership within the Partnership Act 1890 (c. 39), a limited partnership registered under the Limited Partnerships Act 1907 (c. 24), or a firm or entity of a similar character formed under the law of a country or territory outside the United Kingdom; “ principal council ” (“ prif gyngor ”) means a council for a county or a county borough in Wales; “tax credit” (“ credyd treth” ) means a tax credit under regulations made under section 54 of LDTA; “ tax period ” (“ cyfnod treth ”) means a period in respect of which a WRA-collected tax is charged; “ tax return ” (“ ffurflen dreth ”) means a return relating to a WRA-collected tax; “ taxpayer ” (“ trethdalwr ”) means a person liable to pay a WRA-collected tax; “ TCEA ” (“ DTLlG ”) means the Tribunals, Courts and Enforcement Act 2007 (c. 15); “ the tribunal ” (“ y tribiwnlys ”) means— the First-tier Tribunal, or where determined by or under Tribunal Procedure Rules, the Upper Tribunal. “ visitor levy ” (“ ardoll ymwelwyr ”) has the same meaning as in Part 3 of the Visitor Accommodation (Register and Levy) Etc. (Wales) Act 2025 (asc 00); “ the Welsh Tax Act ” (“ Deddfau Trethi Cymru ”) means— this Act, ... LTTA , and LDTA. “ WRA-collected tax ” (“ treth a gesglir gan ACC ”) means— a devolved tax, or the visitor levy. 3 For the purposes of this Act, a principal council has decided to introduce the visitor levy if it has published a notice under section 48 of the Visitor Accommodation (Register and Levy) Etc. (Wales) Act 2025 stating that it is going to introduce the visitor levy. Index of defined expressions 193 The following Table lists expressions defined or otherwise explained in this Act. TABLE 1 Expression Section Appealable decision (“ penderfyniad apeladwy ”) section 172(2) and (3) Arrangement (in relation to the general anti-avoidance rule) (“ trefniant ”) section 81B(3)A Artificial (in relation to the general anti-avoidance rule) (“ artiffisial ”) section 81C Business assets (“ asedau busnes ”) section 111 Business documents (“ dogfennau busnes ”) section 111 Business premises (“ mangre busnes ”) section 111 Buyer (“ prynwr ”) section 192(2) Carrying on a business (“ rhedeg busnes ”) section 85 Charity (“ elusen ”) section 85(3) Closure notice (“ hysbysiad cau ”) section 50(1) (in relation to an enquiry into a tax return) and section 75(1) (in relation to an enquiry into a claim) Contract settlement (“ setliad contract ”) section 192(2) Debtor contact notice (“ hysbysiad cyswllt dyledwr ”) section 93(1) Devolved tax (“ treth ddatganoledig ”) section 192(2) “ Devolved tax return ” (“ ffurflen treth ddatganoledig ”) section 117A(1) Devolved taxpayer (“ trethdalwr datganoledig ”) section 81B(3)(c) Elected executive member (“ aelod gweithredol etholedig ”) section 3(4)(c) Enactment (“ deddfiad ”) section 192(2) Executive member (“ aelod gweithredol ”) section 3(4)(b) Filing date (“ dyddiad ffeilio ”) section 40 Final counteraction notice (“ hysbysiad gwrthweithio terfynol ”) section 81G Financial year (“ blwyddyn ariannol ”) section 192(2) General anti-avoidance rule(“ rheol gwrthweithio osgoi trethi cyffredinol ”) section 81A(2) Identification notice (“ hysbysiad adnabod ”) section 92(1) Information notice (“ hysbysiad gwybodaeth ”) section 83 Landfill disposals tax (“ treth gwarediadau tirlenwi ”) section 192(2) Land transaction (“ trafodiad tir ”) section 192(2) Late payment interest (“ llog taliadau hwyr ”) section 157(2) Late payment interest rate (“ cyfradd llog taliadau hwyr ”) section 163(1) Late payment interest start date (“ dyddiad dechrau llog taliadau hwyr ”) sections 157(3), 159(2) and 160(2) LDTA (“ DTGT ”) section 192(2) Local authority (“ awdurdod lleol ”) section 192(2) LTTA (“ DTTT ”) section 192(2) Non-executive member (“ aelod anweithredol ”) section 3(4)(a) Notice (“ hysbysiad ”) section 192(2) Notice of enquiry (“ hysbysiad ymholiad ”) section 43(1) (in relation to a tax return) and section 74(1) (in relation to a claim) Notice of request (“ hysbysiad am gais ”) section 173(1) Partnership (“ partneriaeth ”) section 192(2) Penalty date (“ dyddiad cosbi ”) section 122(2) Potential lost revenue (“ refeniw posibl a gollir ”) section 134 Premises (“ mangre ”) section 111 Principal council (“ prif gyngor ”) section 192(2) Principal council that has decided to introduce the visitor levy (“ prif gyngor sydd wedi penderfynu cyflwyno’r ardoll ymwelwyr ”) section 192(3) Proposed counteraction notice (“ hysbysiad gwrthweithio arfaethedig ”) section 81F Protected taxpayer information (“ gwybodaeth warchodedig am drethdalwr ”) section 17(3) and (4) Relevant official (“ swyddog perthnasol ”) section 17(2) Repayment interest (“ llog ad-daliadau ”) section 161(3) Repayment interest rate (“ cyfradd llog ad-daliadau ”) section 163(2) Repayment interest start date (“ dyddiad dechrau llog ad-daliadau ”) section 161(4) Settlement agreement (“ cytundeb setlo ”) section 184(1) Tax advantage (“ mantais drethiannol ”) section 81D Tax avoidance arrangement (“ trefniant osgoi trethi ”) section 81B Tax credit ( “credyd treth”) section 192(2) Tax period (“ cyfnod treth ”) section 192(2) Tax position (“ sefyllfa dreth ”) section 84 Tax return (“ ffurflen dreth ”) section 192(2) Taxpayer (“ trethdalwr ”) section 192(2) Taxpayer notice (“ hysbysiad trethdalwr ”) section 86(1) TCEA (“ DTLlG ”) section 192(2) Third party notice (“ hysbysiad trydydd parti ”) section 87(1) The tribunal (“ y tribiwnlys ”) section 192(2) Unidentified third party notice (“ hysbysiad trydydd parti anhysbys ”) section 89(1) Visitor accommodation provider (“ darparwr llety ymwelwyr ”) and VAP (“ DLlY ”) section 117A(1) (and see also section 120G) Visitor levy (“ ardoll ymwelwyr ”) section 192(2) Visitor levy return (“ ffurflen ardoll ymwelwyr ”) section 117A(1) Welsh Tax Acts (“ Deddfau Trethi Cymru ”) section 192(2) WRA (“ ACC ”) section 2(2) WRA assessment (“ asesiad ACC ”) section 56 WRA determination (“ dyfarniad ACC ”) section 52(3) WRA-collected tax (“ treth a gesglir gan ACC ”) section 192(2) . Coming into force 194 1 The following provisions of this Act come into force on the day after the day on which this Act receives Royal Assent— a Part 1; b sections 37, 82, 117 and 171; c this Part. 2 The remaining provisions of this Act come into force on such day as the Welsh Ministers may appoint by order made by statutory instrument. 3 An order under this section may appoint different days for different purposes. Short title 195 The short title of this Act is the Tax Collection and Management (Wales) Act 2016. S. 2 in force at 18.10.2017 by S.I. 2017/954 , art. 2 S. 3 in force at 18.10.2017 by S.I. 2017/954 , art. 2 S. 4 in force at 18.10.2017 by S.I. 2017/954 , art. 2 S. 5 in force at 18.10.2017 by S.I. 2017/954 , art. 2 S. 6 in force at 18.10.2017 by S.I. 2017/954 , art. 2 S. 7 in force at 18.10.2017 by S.I. 2017/954 , art. 2 S. 8 in force at 18.10.2017 by S.I. 2017/954 , art. 2 S. 9 in force at 18.10.2017 by S.I. 2017/954 , art. 2 S. 10 in force at 18.10.2017 by S.I. 2017/954 , art. 2 S. 11 in force at 18.10.2017 by S.I. 2017/954 , art. 2 S. 12 in force at 18.10.2017 by S.I. 2017/954 , art. 2 S. 13 in force at 18.10.2017 by S.I. 2017/954 , art. 2 S. 14 in force at 18.10.2017 by S.I. 2017/954 , art. 2 S. 15 in force at 18.10.2017 by S.I. 2017/954 , art. 2 S. 16 in force at 18.10.2017 by S.I. 2017/954 , art. 2 S. 17 in force at 18.10.2017 by S.I. 2017/954 , art. 2 S. 18 in force at 18.10.2017 by S.I. 2017/954 , art. 2 S. 19 in force at 18.10.2017 by S.I. 2017/954 , art. 2 S. 20 in force at 18.10.2017 by S.I. 2017/954 , art. 2 S. 21(1) in force at 18.10.2017 by S.I. 2017/954 , art. 2 S. 22 in force at 18.10.2017 by S.I. 2017/954 , art. 2 S. 23 in force at 18.10.2017 by S.I. 2017/954 , art. 2 S. 27 in force at 18.10.2017 by S.I. 2017/954 , art. 2 S. 29 in force at 18.10.2017 by S.I. 2017/954 , art. 2 S. 33 in force at 18.10.2017 by S.I. 2017/954 , art. 2 S. 34 in force at 18.10.2017 by S.I. 2017/954 , art. 2 S. 35 in force at 18.10.2017 by S.I. 2017/954 , art. 2 S. 66 in force at 18.10.2017 by S.I. 2017/954 , art. 2 S. 69(3)(4) in force at 18.10.2017 by S.I. 2017/954 , art. 2 S. 101(3)(4) in force at 18.10.2017 by S.I. 2017/954 , art. 2 S. 163 in force at 18.10.2017 by S.I. 2017/954 , art. 2 S. 167 in force at 18.10.2017 by S.I. 2017/954 , art. 2 S. 39A inserted (18.10.2017) by Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (anaw 1) , s. 81(2) (3) , Sch. 23 para. 8 ; S.I. 2017/953 , art. 2(j) Word in s. 18(1) omitted (29.11.2017) by virtue of The Tax Collection and Management (Permitted Disclosures) (Wales) Regulations 2017 (S.I. 2017/1163) , regs. 1(2) , 2(a) S. 18(1)(h); punctuation mark substituted for full stop (29.11.2017) by The Tax Collection and Management (Permitted Disclosures) (Wales) Regulations 2017 (S.I. 2017/1163) , regs. 1(2) , 2(b) S. 18(1)(i)(j) inserted (29.11.2017) by The Tax Collection and Management (Permitted Disclosures) (Wales) Regulations 2017 (S.I. 2017/1163) , regs. 1(2) , 2(c) S. 25 in force at 25.1.2018 by S.I. 2018/33 , art. 2(a) S. 26 in force at 25.1.2018 by S.I. 2018/33 , art. 2(b) S. 83 in force at 25.1.2018 by S.I. 2018/33 , art. 2(c) S. 84 in force at 25.1.2018 by S.I. 2018/33 , art. 2(c) S. 85 in force at 25.1.2018 by S.I. 2018/33 , art. 2(c) S. 86 in force at 25.1.2018 by S.I. 2018/33 , art. 2(c) S. 87 in force at 25.1.2018 by S.I. 2018/33 , art. 2(c) S. 88 in force at 25.1.2018 by S.I. 2018/33 , art. 2(c) S. 89 in force at 25.1.2018 by S.I. 2018/33 , art. 2(c) S. 90 in force at 25.1.2018 by S.I. 2018/33 , art. 2(c) S. 91 in force at 25.1.2018 by S.I. 2018/33 , art. 2(c) S. 92 in force at 25.1.2018 by S.I. 2018/33 , art. 2(c) S. 93 in force at 25.1.2018 by S.I. 2018/33 , art. 2(c) S. 94 in force at 25.1.2018 by S.I. 2018/33 , art. 2(c) S. 95 in force at 25.1.2018 by S.I. 2018/33 , art. 2(c) S. 96 in force at 25.1.2018 by S.I. 2018/33 , art. 2(c) S. 97 in force at 25.1.2018 by S.I. 2018/33 , art. 2(c) S. 98 in force at 25.1.2018 by S.I. 2018/33 , art. 2(c) S. 99 in force at 25.1.2018 by S.I. 2018/33 , art. 2(c) S. 100 in force at 25.1.2018 by S.I. 2018/33 , art. 2(c) S. 101(1)(2) in force at 25.1.2018 by S.I. 2018/33 , art. 2(c) S. 102 in force at 25.1.2018 by S.I. 2018/33 , art. 2(c) S. 103 in force at 25.1.2018 by S.I. 2018/33 , art. 2(c) S. 104 in force at 25.1.2018 by S.I. 2018/33 , art. 2(c) S. 105 in force at 25.1.2018 by S.I. 2018/33 , art. 2(c) S. 106 in force at 25.1.2018 by S.I. 2018/33 , art. 2(c) S. 107 in force at 25.1.2018 by S.I. 2018/33 , art. 2(c) S. 108 in force at 25.1.2018 by S.I. 2018/33 , art. 2(c) S. 109 in force at 25.1.2018 by S.I. 2018/33 , art. 2(c) S. 110 in force at 25.1.2018 by S.I. 2018/33 , art. 2(c) S. 111 in force at 25.1.2018 by S.I. 2018/33 , art. 2(c) S. 112 in force at 25.1.2018 by S.I. 2018/33 , art. 2(c) S. 113 in force at 25.1.2018 by S.I. 2018/33 , art. 2(c) S. 114 in force at 25.1.2018 by S.I. 2018/33 , art. 2(c) S. 115 in force at 25.1.2018 by S.I. 2018/33 , art. 2(c) S. 116 in force at 25.1.2018 by S.I. 2018/33 , art. 2(c) S. 146 in force at 25.1.2018 by S.I. 2018/33 , art. 2(d) S. 147 in force at 25.1.2018 by S.I. 2018/33 , art. 2(d) S. 148 in force at 25.1.2018 by S.I. 2018/33 , art. 2(d) S. 149 in force at 25.1.2018 by S.I. 2018/33 , art. 2(d) S. 150 in force at 25.1.2018 by S.I. 2018/33 , art. 2(d) S. 151 in force at 25.1.2018 by S.I. 2018/33 , art. 2(d) S. 152 in force at 25.1.2018 by S.I. 2018/33 , art. 2(d) S. 153 in force at 25.1.2018 by S.I. 2018/33 , art. 2(d) S. 154 in force at 25.1.2018 by S.I. 2018/33 , art. 2(e) S. 155 in force at 25.1.2018 by S.I. 2018/33 , art. 2(f) S. 160 in force at 25.1.2018 by S.I. 2018/33 , art. 2(g) S. 161 in force at 25.1.2018 by S.I. 2018/33 , art. 2(g) S. 162 in force at 25.1.2018 by S.I. 2018/33 , art. 2(g) S. 164 in force at 25.1.2018 by S.I. 2018/33 , art. 2(h) S. 165 in force at 25.1.2018 by S.I. 2018/33 , art. 2(h) S. 166 in force at 25.1.2018 by S.I. 2018/33 , art. 2(h) S. 168 in force at 25.1.2018 by S.I. 2018/33 , art. 2(h) S. 169 in force at 25.1.2018 by S.I. 2018/33 , art. 2(h) S. 170 in force at 25.1.2018 by S.I. 2018/33 , art. 2(h) S. 172 in force at 25.1.2018 by S.I. 2018/33 , art. 2(i) S. 173 in force at 25.1.2018 by S.I. 2018/33 , art. 2(i) S. 174 in force at 25.1.2018 by S.I. 2018/33 , art. 2(i) S. 175 in force at 25.1.2018 by S.I. 2018/33 , art. 2(i) S. 176 in force at 25.1.2018 by S.I. 2018/33 , art. 2(i) S. 177 in force at 25.1.2018 by S.I. 2018/33 , art. 2(i) S. 178 in force at 25.1.2018 by S.I. 2018/33 , art. 2(i) S. 179 in force at 25.1.2018 by S.I. 2018/33 , art. 2(i) S. 180 in force at 25.1.2018 by S.I. 2018/33 , art. 2(i) S. 181 in force at 25.1.2018 by S.I. 2018/33 , art. 2(i) S. 182 in force at 25.1.2018 by S.I. 2018/33 , art. 2(i) S. 183 in force at 25.1.2018 by S.I. 2018/33 , art. 2(i) S. 184 in force at 25.1.2018 by S.I. 2018/33 , art. 2(i) S. 185 in force at 25.1.2018 by S.I. 2018/33 , art. 2(j) S. 186 in force at 25.1.2018 by S.I. 2018/33 , art. 2(j) S. 187 in force at 25.1.2018 by S.I. 2018/33 , art. 2(j) Words in s. 90(1) substituted (25.1.2018) by Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (anaw 1) , s. 81(2) (3) , Sch. 23 para. 35(a) ; S.I. 2018/34 , art. 2(b)(i) Words in s. 90(4) substituted (25.1.2018) by Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (anaw 1) , s. 81(2) (3) , Sch. 23 para. 35(b) ; S.I. 2018/34 , art. 2(b)(i) Words in s. 95(1)(a) inserted (25.1.2018) by Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (anaw 1) , s. 81(2) (3) , Sch. 23 para. 36 ; S.I. 2018/34 , art. 2(b)(i) S. 103(8) inserted (25.1.2018) by Landfill Disposals Tax (Wales) Act 2017 (anaw 3) , ss. 59(2) , 97(2) ; S.I. 2018/35 , art. 2(s) Words in s. 104 heading inserted (25.1.2018) by Landfill Disposals Tax (Wales) Act 2017 (anaw 3) , s. 97(2) , Sch. 4 para. 4(a) ; S.I. 2018/35 , art. 2(z)(i) Words in s. 104(1) substituted (25.1.2018) by Landfill Disposals Tax (Wales) Act 2017 (anaw 3) , s. 97(2) , Sch. 4 para. 4(b) ; S.I. 2018/35 , art. 2(z)(i) Word in s. 104(2) omitted (25.1.2018) by virtue of Landfill Disposals Tax (Wales) Act 2017 (anaw 3) , s. 97(2) , Sch. 4 para. 4(c) ; S.I. 2018/35 , art. 2(z)(i) Words in s. 105 heading inserted (25.1.2018) by Landfill Disposals Tax (Wales) Act 2017 (anaw 3) , s. 97(2) , Sch. 4 para. 5(a) ; S.I. 2018/35 , art. 2(z)(i) S. 105(7) inserted (25.1.2018) by Landfill Disposals Tax (Wales) Act 2017 (anaw 3) , s. 97(2) , Sch. 4 para. 5(c) ; S.I. 2018/35 , art. 2(z)(i) Words in s. 105(1) substituted (25.1.2018) by Landfill Disposals Tax (Wales) Act 2017 (anaw 3) , s. 97(2) , Sch. 4 para. 5(b) ; S.I. 2018/35 , art. 2(z)(i) Words in s. 107 inserted (25.1.2018) by Landfill Disposals Tax (Wales) Act 2017 (anaw 3) , s. 97(2) , Sch. 4 para. 6 ; S.I. 2018/35 , art. 2(z)(i) S. 108(4A) inserted (25.1.2018) by Landfill Disposals Tax (Wales) Act 2017 (anaw 3) , s. 97(2) , Sch. 4 para. 7(e) ; S.I. 2018/35 , art. 2(z)(i) Words in s. 108(1)(a) inserted (25.1.2018) by Landfill Disposals Tax (Wales) Act 2017 (anaw 3) , s. 97(2) , Sch. 4 para. 7(a) ; S.I. 2018/35 , art. 2(z)(i) Words in s. 108(1)(b) inserted (25.1.2018) by Landfill Disposals Tax (Wales) Act 2017 (anaw 3) , s. 97(2) , Sch. 4 para. 7(b) ; S.I. 2018/35 , art. 2(z)(i) Words in s. 108(2) inserted (25.1.2018) by Landfill Disposals Tax (Wales) Act 2017 (anaw 3) , s. 97(2) , Sch. 4 para. 7(c) ; S.I. 2018/35 , art. 2(z)(i) Words in s. 108(4) substituted (25.1.2018) by Landfill Disposals Tax (Wales) Act 2017 (anaw 3) , s. 97(2) , Sch. 4 para. 7(d) ; S.I. 2018/35 , art. 2(z)(i) S. 111(1): s. 111 renumbered as s. 111(1) (25.1.2018) by Landfill Disposals Tax (Wales) Act 2017 (anaw 3) , s. 97(2) , Sch. 4 para. 8(a) ; S.I. 2018/35 , art. 2(z)(i) S. 111(2) inserted (25.1.2018) by Landfill Disposals Tax (Wales) Act 2017 (anaw 3) , s. 97(2) , Sch. 4 para. 8(b) ; S.I. 2018/35 , art. 2(z)(i) Word in s. 116(1) substituted (25.1.2018) by Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (anaw 1) , s. 81(2) (3) , Sch. 23 para. 38 ; S.I. 2018/34 , art. 2(b)(i) Words in s. 170(1) substituted (25.1.2018) by Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (anaw 1) , s. 81(2) (3) , Sch. 23 para. 61 ; S.I. 2018/34 , art. 2(b)(iii) S. 172(2A) inserted (25.1.2018) by Landfill Disposals Tax (Wales) Act 2017 (anaw 3) , s. 97(2) , Sch. 4 para. 16 ; S.I. 2018/35 , art. 2(z)(ii) S. 172(2)(h) inserted (25.1.2018) by Landfill Disposals Tax (Wales) Act 2017 (anaw 3) , ss. 24 , 97(2) ; S.I. 2018/35 , art. 2(d) S. 172(2)(i) inserted (25.1.2018) by Landfill Disposals Tax (Wales) Act 2017 (anaw 3) , ss. 38 , 97(2) ; S.I. 2018/35 , art. 2(l) S. 172(2)(j) inserted (25.1.2018) by Landfill Disposals Tax (Wales) Act 2017 (anaw 3) , ss. 58 , 97(2) ; S.I. 2018/35 , art. 2(r) S. 172(2)(k) inserted (25.1.2018) by Landfill Disposals Tax (Wales) Act 2017 (anaw 3) , ss. 80 , 97(2) ; S.I. 2018/35 , art. 2(w) Word in s. 182(3) inserted (25.1.2018) by Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (anaw 1) , s. 81(2) (3) , Sch. 23 para. 64 ; S.I. 2018/34 , art. 2(b)(iv) S. 190(1A)(1B) inserted (25.1.2018) by Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (anaw 1) , s. 81(2) (3) , Sch. 23 para. 68(b) ; S.I. 2018/34 , art. 2(b)(v) Words in s. 190(1) substituted (25.1.2018) by Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (anaw 1) , s. 81(2) (3) , Sch. 23 para. 68(a) ; S.I. 2018/34 , art. 2(b)(v) Words in s. 190(9)(a) inserted (25.1.2018) by Landfill Disposals Tax (Wales) Act 2017 (anaw 3) , s. 97(2) , Sch. 4 para. 18 ; S.I. 2018/35 , art. 2(z)(iii) Words in s. 191(1) substituted (25.1.2018) by Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (anaw 1) , s. 81(2) (3) , Sch. 23 para. 69(a)(i) ; S.I. 2018/34 , art. 2(b)(v) Words in s. 191(1) inserted (25.1.2018) by Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (anaw 1) , s. 81(2) (3) , Sch. 23 para. 69(a)(ii) ; S.I. 2018/34 , art. 2(b)(v) S. 191(2) substituted (25.1.2018) by Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (anaw 1) , s. 81(2) (3) , Sch. 23 para. 69(b) ; S.I. 2018/34 , art. 2(b)(v) Words in s. 191(3) substituted (25.1.2018) by Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (anaw 1) , s. 81(2) (3) , Sch. 23 para. 69(c) ; S.I. 2018/34 , art. 2(b)(v) Words in s. 192(2) inserted (25.1.2018) by Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (anaw 1) , s. 81(2) (3) , Sch. 23 para. 70 ; S.I. 2018/34 , art. 2(b)(v) Words in s. 192(2) inserted (25.1.2018) by Landfill Disposals Tax (Wales) Act 2017 (anaw 3) , s. 97(2) , Sch. 4 para. 19(a) ; S.I. 2018/35 , art. 2(z)(iii) Word in s. 192(2) omitted (25.1.2018) by virtue of Landfill Disposals Tax (Wales) Act 2017 (anaw 3) , s. 97(2) , Sch. 4 para. 19(b)(i) ; S.I. 2018/35 , art. 2(z)(iii) Words in s. 192(2) inserted (25.1.2018) by Landfill Disposals Tax (Wales) Act 2017 (anaw 3) , s. 97(2) , Sch. 4 para. 19(b)(ii) ; S.I. 2018/35 , art. 2(z)(iii) Words in s. 193 inserted (25.1.2018) by Landfill Disposals Tax (Wales) Act 2017 (anaw 3) , s. 97(2) , Sch. 4 para. 20 ; S.I. 2018/35 , art. 2(z)(iii) Ss. 103A, 103B inserted (25.1.2018) by Landfill Disposals Tax (Wales) Act 2017 (anaw 3) , ss. 59(1) , 97(2) ; S.I. 2018/35 , art. 2(s) S. 154A inserted (25.1.2018) by Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (anaw 1) , s. 81(2) (3) , Sch. 23 para. 56 ; S.I. 2018/34 , art. 2(b)(ii) Ss. 157, 157A, 158 substituted (25.1.2018) for ss. 157, 158 by Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (anaw 1) , s. 81(2) (3) , Sch. 23 para. 58 ; S.I. 2018/34 , art. 2(b)(ii) S. 157 cross-heading omitted (25.1.2018) by virtue of Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (anaw 1) , s. 81(2) (3) , Sch. 23 para. 57 ; S.I. 2018/34 , art. 2(b)(ii) S. 159 and cross-heading omitted (25.1.2018) by virtue of Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (anaw 1) , s. 81(2) (3) , Sch. 23 para. 59 ; S.I. 2018/34 , art. 2(b)(ii) S. 38(1) modified (1.4.2018) by Landfill Disposals Tax (Wales) Act 2017 (anaw 3) , ss. 21(8) , 43(3), 97(2) ; S.I. 2018/35 , art. 3 S. 58 applied (with modifications) (1.4.2018) by Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (anaw 1) , s. 81(2) (3) , Sch. 7 para. 43(2) ; S.I. 2018/34 , art. 3 S. 59 applied (with modifications) (1.4.2018) by Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (anaw 1) , s. 81(2) (3) , Sch. 7 para. 43(3) ; S.I. 2018/34 , art. 3 S. 79 applied (with modifications) (1.4.2018) by Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (anaw 1) , s. 81(2) (3) , Sch. 7 para. 43(4) ; S.I. 2018/34 , art. 3 S. 80 applied (with modifications) (1.4.2018) by Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (anaw 1) , s. 81(2) (3) , Sch. 7 para. 43(5) ; S.I. 2018/34 , art. 3 S. 91 applied (with modifications) (1.4.2018) by Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (anaw 1) , s. 81(2) (3) , Sch. 7 para. 43(6) ; S.I. 2018/34 , art. 3 S. 100 applied (with modifications) (1.4.2018) by Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (anaw 1) , s. 81(2) (3) , Sch. 7 para. 43(7) ; S.I. 2018/34 , art. 3 S. 64 modified (1.4.2018) by The Tax Collection and Management (Reimbursement Arrangements) (Wales) Regulations 2018 (S.I. 2018/88) , regs. 1(2) , 3 S. 157A excluded (1.4.2018) by The Tax Collection and Management (Reimbursement Arrangements) (Wales) Regulations 2018 (S.I. 2018/88) , regs. 1(2) , 8(4) S. 154 applied (1.4.2018) by The Tax Collection and Management (Reimbursement Arrangements) (Wales) Regulations 2018 (S.I. 2018/88) , regs. 1(2) , 8(5) Ss. 143-145 applied (1.4.2018) by The Tax Collection and Management (Reimbursement Arrangements) (Wales) Regulations 2018 (S.I. 2018/88) , regs. 1(2) , 8(1) Ss. 125-128 applied (1.4.2018) by The Tax Collection and Management (Reimbursement Arrangements) (Wales) Regulations 2018 (S.I. 2018/88) , regs. 1(2) , 8(3) Ss. 74-77 applied (with modifications) (1.4.2018) by The Landfill Disposals Tax (Administration) (Wales) Regulations 2018 (S.I. 2018/101) , regs. 1(2) , 27 Pt. 3 Ch. 7 applied (with modifications) (1.4.2018) by Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (anaw 1) , ss. 48(3) , 81(2)(3) , Sch. 6 para. 14(2) ; S.I. 2018/34 , art. 3 Pt. 3 Ch. 7 applied (with modifications) (1.4.2018) by Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (anaw 1) , s. 81(2) (3) , Sch. 6 para. 14(2) ; S.I. 2018/34 , art. 3 S. 69(1)(2)(5) in force at 1.4.2018 by S.I. 2018/33 , art. 3 S. 21(2) in force at 1.4.2018 by S.I. 2018/33 , art. 3 S. 36 in force at 1.4.2018 by S.I. 2018/33 , art. 3 S. 58 in force at 1.4.2018 by S.I. 2018/33 , art. 3 S. 59 in force at 1.4.2018 by S.I. 2018/33 , art. 3 S. 79 in force at 1.4.2018 by S.I. 2018/33 , art. 3 S. 80 in force at 1.4.2018 by S.I. 2018/33 , art. 3 S. 38 in force at 1.4.2018 by S.I. 2018/33 , art. 3 S. 39 in force at 1.4.2018 by S.I. 2018/33 , art. 3 S. 40 in force at 1.4.2018 by S.I. 2018/33 , art. 3 S. 41 in force at 1.4.2018 by S.I. 2018/33 , art. 3 S. 42 in force at 1.4.2018 by S.I. 2018/33 , art. 3 S. 43 in force at 1.4.2018 by S.I. 2018/33 , art. 3 S. 45 in force at 1.4.2018 by S.I. 2018/33 , art. 3 S. 50 in force at 1.4.2018 by S.I. 2018/33 , art. 3 S. 52 in force at 1.4.2018 by S.I. 2018/33 , art. 3 S. 54 in force at 1.4.2018 by S.I. 2018/33 , art. 3 S. 61 in force at 1.4.2018 by S.I. 2018/33 , art. 3 S. 63 in force at 1.4.2018 by S.I. 2018/33 , art. 3 S. 64 in force at 1.4.2018 by S.I. 2018/33 , art. 3 S. 65 in force at 1.4.2018 by S.I. 2018/33 , art. 3 S. 67 in force at 1.4.2018 by S.I. 2018/33 , art. 3 S. 68 in force at 1.4.2018 by S.I. 2018/33 , art. 3 S. 71 in force at 1.4.2018 by S.I. 2018/33 , art. 3 S. 73 in force at 1.4.2018 by S.I. 2018/33 , art. 3 S. 77 in force at 1.4.2018 by S.I. 2018/33 , art. 3 S. 81 in force at 1.4.2018 by S.I. 2018/33 , art. 3 S. 118 in force at 1.4.2018 by S.I. 2018/33 , art. 3 S. 119 in force at 1.4.2018 by S.I. 2018/33 , art. 3 S. 120 in force at 1.4.2018 by S.I. 2018/33 , art. 3 S. 125 in force at 1.4.2018 by S.I. 2018/33 , art. 3 S. 126 in force at 1.4.2018 by S.I. 2018/33 , art. 3 S. 127 in force at 1.4.2018 by S.I. 2018/33 , art. 3 S. 128 in force at 1.4.2018 by S.I. 2018/33 , art. 3 S. 130 in force at 1.4.2018 by S.I. 2018/33 , art. 3 S. 132 in force at 1.4.2018 by S.I. 2018/33 , art. 3 S. 133 in force at 1.4.2018 by S.I. 2018/33 , art. 3 S. 141 in force at 1.4.2018 by S.I. 2018/33 , art. 3 S. 142 in force at 1.4.2018 by S.I. 2018/33 , art. 3 S. 143 in force at 1.4.2018 by S.I. 2018/33 , art. 3 S. 144 in force at 1.4.2018 by S.I. 2018/33 , art. 3 S. 145 in force at 1.4.2018 by S.I. 2018/33 , art. 3 S. 157 in force at 1.4.2018 by S.I. 2018/33 , art. 3 S. 158 in force at 1.4.2018 by S.I. 2018/33 , art. 3 S. 121 in force at 1.4.2018 by S.I. 2018/33 , art. 3 S. 24 in force at 1.4.2018 by S.I. 2018/33 , art. 3 S. 28 in force at 1.4.2018 by S.I. 2018/33 , art. 3 S. 30 in force at 1.4.2018 by S.I. 2018/33 , art. 3 S. 31 in force at 1.4.2018 by S.I. 2018/33 , art. 3 S. 32 in force at 1.4.2018 by S.I. 2018/33 , art. 3 S. 44 in force at 1.4.2018 by S.I. 2018/33 , art. 3 S. 46 in force at 1.4.2018 by S.I. 2018/33 , art. 3 S. 47 in force at 1.4.2018 by S.I. 2018/33 , art. 3 S. 48 in force at 1.4.2018 by S.I. 2018/33 , art. 3 S. 49 in force at 1.4.2018 by S.I. 2018/33 , art. 3 S. 51 in force at 1.4.2018 by S.I. 2018/33 , art. 3 S. 53 in force at 1.4.2018 by S.I. 2018/33 , art. 3 S. 55 in force at 1.4.2018 by S.I. 2018/33 , art. 3 S. 56 in force at 1.4.2018 by S.I. 2018/33 , art. 3 S. 57 in force at 1.4.2018 by S.I. 2018/33 , art. 3 S. 60 in force at 1.4.2018 by S.I. 2018/33 , art. 3 S. 62 in force at 1.4.2018 by S.I. 2018/33 , art. 3 S. 70 in force at 1.4.2018 by S.I. 2018/33 , art. 3 S. 72 in force at 1.4.2018 by S.I. 2018/33 , art. 3 S. 74 in force at 1.4.2018 by S.I. 2018/33 , art. 3 S. 75 in force at 1.4.2018 by S.I. 2018/33 , art. 3 S. 76 in force at 1.4.2018 by S.I. 2018/33 , art. 3 S. 78 in force at 1.4.2018 by S.I. 2018/33 , art. 3 S. 129 in force at 1.4.2018 by S.I. 2018/33 , art. 3 S. 131 in force at 1.4.2018 by S.I. 2018/33 , art. 3 S. 134 in force at 1.4.2018 by S.I. 2018/33 , art. 3 S. 135 in force at 1.4.2018 by S.I. 2018/33 , art. 3 S. 136 in force at 1.4.2018 by S.I. 2018/33 , art. 3 S. 137 in force at 1.4.2018 by S.I. 2018/33 , art. 3 S. 138 in force at 1.4.2018 by S.I. 2018/33 , art. 3 S. 139 in force at 1.4.2018 by S.I. 2018/33 , art. 3 S. 140 in force at 1.4.2018 by S.I. 2018/33 , art. 3 S. 156 in force at 1.4.2018 by S.I. 2018/33 , art. 3 Word in Pt. 3 Ch. 2 heading omitted (1.4.2018) by virtue of Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (anaw 1) , s. 81(2) (3) , Sch. 23 para. 4 ; S.I. 2018/34 , art. 3 S. 64 heading substituted (1.4.2018) by Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (anaw 1) , s. 81(2) (3) , Sch. 23 para. 25(2) ; S.I. 2018/34 , art. 3 Pt. 3A inserted (1.4.2018) by Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (anaw 1) , ss. 66 , 81(2) (3) ; S.I. 2018/34 , art. 3 Words in Pt. 5 Ch. 2 heading inserted (1.4.2018) by The Landfill Disposals Tax (Administration) (Wales) Regulations 2018 (S.I. 2018/101) , reg. 1(2) , Sch. para. 23 Words in s. 126 heading inserted (1.4.2018) by The Landfill Disposals Tax (Administration) (Wales) Regulations 2018 (S.I. 2018/101) , reg. 1(2) , Sch. para. 26(4) Pt. 8 Ch. 3A inserted (1.4.2018) by Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (anaw 1) , s. 81(2) (3) , Sch. 23 para. 63 ; S.I. 2018/34 , art. 3 Word in Pt. 8 Ch. 3A heading inserted (1.4.2018) by The Landfill Disposals Tax (Administration) (Wales) Regulations 2018 (S.I. 2018/101) , reg. 1(2) , Sch. para. 44 S. 38 heading substituted (1.4.2018) by Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (anaw 1) , s. 81(2) (3) , Sch. 23 para. 5(g) ; S.I. 2018/34 , art. 3 S. 38A inserted (1.4.2018) by Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (anaw 1) , s. 81(2) (3) , Sch. 23 para. 6 ; S.I. 2018/34 , art. 3 S. 45A inserted (1.4.2018) by Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (anaw 1) , s. 81(2) (3) , Sch. 23 para. 14 ; S.I. 2018/34 , art. 3 S. 55A inserted (1.4.2018) by The Landfill Disposals Tax (Administration) (Wales) Regulations 2018 (S.I. 2018/101) , reg. 1(2) , Sch. para. 12 S. 63A inserted (1.4.2018) by Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (anaw 1) , s. 81(2) (3) , Sch. 23 para. 24 ; S.I. 2018/34 , art. 3 S. 84A inserted (1.4.2018) by The Landfill Disposals Tax (Administration) (Wales) Regulations 2018 (S.I. 2018/101) , reg. 1(2) , Sch. para. 19 S. 118A inserted (1.4.2018) by Landfill Disposals Tax (Wales) Act 2017 (anaw 3) , ss. 74 , 97(2) ; S.I. 2018/35 , art. 3 Ss. 122, 122A substituted for s. 122 (1.4.2018) by Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (anaw 1) , s. 81(2) (3) , Sch. 23 para. 42 ; S.I. 2018/34 , art. 3 S. 122ZA inserted (1.4.2018) by Landfill Disposals Tax (Wales) Act 2017 (anaw 3) , ss. 76 , 97(2) ; S.I. 2018/35 , art. 3 S. 123A and cross-heading inserted (1.4.2018) by The Landfill Disposals Tax (Administration) (Wales) Regulations 2018 (S.I. 2018/101) , reg. 1(2) , Sch. para. 25 S. 157B inserted (1.4.2018) by The Landfill Disposals Tax (Administration) (Wales) Regulations 2018 (S.I. 2018/101) , reg. 1(2) , Sch. para. 37 S. 181J inserted (1.4.2018) by The Landfill Disposals Tax (Administration) (Wales) Regulations 2018 (S.I. 2018/101) , reg. 1(2) , Sch. para. 45 S. 183A inserted (1.4.2018) by Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (anaw 1) , s. 81(2) (3) , Sch. 23 para. 65 ; S.I. 2018/34 , art. 3 S. 187A inserted (1.4.2018) by Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (anaw 1) , s. 81(2) (3) , Sch. 23 para. 66 ; S.I. 2018/34 , art. 3 S. 1(ba) inserted (1.4.2018) by Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (anaw 1) , s. 81(2) (3) , Sch. 23 para. 2 ; S.I. 2018/34 , art. 3 Words in s. 37(e) substituted (1.4.2018) by The Landfill Disposals Tax (Administration) (Wales) Regulations 2018 (S.I. 2018/101) , reg. 1(2) , Sch. para. 9 S. 38(3)(3A) substituted for s. 38(3) (1.4.2018) by Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (anaw 1) , s. 81(2) (3) , Sch. 23 para. 5(c) ; S.I. 2018/34 , art. 3 Words in s. 38(1)(a) substituted (1.4.2018) by Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (anaw 1) , s. 81(2) (3) , Sch. 23 para. 5(a)(i) ; S.I. 2018/34 , art. 3 S. 38(1)(b) substituted (1.4.2018) by Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (anaw 1) , s. 81(2) (3) , Sch. 23 para. 5(a)(ii) ; S.I. 2018/34 , art. 3 Word in s. 38(2) substituted (1.4.2018) by Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (anaw 1) , s. 81(2) (3) , Sch. 23 para. 5(b)(i) ; S.I. 2018/34 , art. 3 Words in s. 38(2)(b) substituted (1.4.2018) by Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (anaw 1) , s. 81(2) (3) , Sch. 23 para. 5(b)(ii) ; S.I. 2018/34 , art. 3 Word in s. 38(4) substituted (1.4.2018) by Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (anaw 1) , s. 81(2) (3) , Sch. 23 para. 5(d)(i) ; S.I. 2018/34 , art. 3 Word in s. 38(4) substituted (1.4.2018) by Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (anaw 1) , s. 81(2) (3) , Sch. 23 para. 5(d)(ii) ; S.I. 2018/34 , art. 3 S. 38(5) substituted (1.4.2018) by Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (anaw 1) , s. 81(2) (3) , Sch. 23 para. 5(e) ; S.I. 2018/34 , art. 3 S. 38(6) omitted (1.4.2018) by virtue of Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (anaw 1) , s. 81(2) (3) , Sch. 23 para. 5(f) ; S.I. 2018/34 , art. 3 S. 38(7) omitted (1.4.2018) by virtue of Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (anaw 1) , s. 81(2) (3) , Sch. 23 para. 5(f) ; S.I. 2018/34 , art. 3 S. 38(8) omitted (1.4.2018) by virtue of Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (anaw 1) , s. 81(2) (3) , Sch. 23 para. 5(f) ; S.I. 2018/34 , art. 3 Words in s. 39 inserted (1.4.2018) by Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (anaw 1) , s. 81(2) (3) , Sch. 23 para. 7 ; S.I. 2018/34 , art. 3 S. 39 renumbered as s. 39(1) (1.4.2018) by Landfill Disposals Tax (Wales) Act 2017 (anaw 3) , s. 97(2) , Sch. 4 para. 2(a) ; S.I. 2018/35 , art. 3 S. 39(2) inserted (1.4.2018) by Landfill Disposals Tax (Wales) Act 2017 (anaw 3) , s. 97(2) , Sch. 4 para. 2(b) ; S.I. 2018/35 , art. 3 Words in s. 40 substituted (1.4.2018) by Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (anaw 1) , s. 81(2) (3) , Sch. 23 para. 9 ; S.I. 2018/34 , art. 3 S. 40(a)(b) substituted for words (1.4.2018) by Landfill Disposals Tax (Wales) Act 2017 (anaw 3) , s. 97(2) , Sch. 4 para. 3 ; S.I. 2018/35 , art. 3 S. 41(3)(3A) substituted for s. 41(3) (1.4.2018) by Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (anaw 1) , s. 81(2) (3) , Sch. 23 para. 10 ; S.I. 2018/34 , art. 3 S. 42(4A) inserted (1.4.2018) by Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (anaw 1) , s. 81(2) (3) , Sch. 23 para. 11(a) ; S.I. 2018/34 , art. 3 Words in s. 42(5)(a) inserted (1.4.2018) by Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (anaw 1) , s. 81(2) (3) , Sch. 23 para. 11(b) ; S.I. 2018/34 , art. 3 S. 43(1A)(1B) inserted (1.4.2018) by Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (anaw 1) , s. 81(2) (3) , Sch. 23 para. 12(b) ; S.I. 2018/34 , art. 3 S. 43(4) inserted (1.4.2018) by Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (anaw 1) , s. 81(2) (3) , Sch. 23 para. 12(e) ; S.I. 2018/34 , art. 3 Words in s. 43(1) substituted (1.4.2018) by Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (anaw 1) , s. 81(2) (3) , Sch. 23 para. 12(a) ; S.I. 2018/34 , art. 3 Words in s. 43(2) inserted (1.4.2018) by Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (anaw 1) , s. 81(2) (3) , Sch. 23 para. 12(c) ; S.I. 2018/34 , art. 3 S. 43(3)(a)(b) substituted for words in s. 43(3) (1.4.2018) by Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (anaw 1) , s. 81(2) (3) , Sch. 23 para. 12(d) ; S.I. 2018/34 , art. 3 Word in s. 44(1) omitted (1.4.2018) by virtue of The Landfill Disposals Tax (Administration) (Wales) Regulations 2018 (S.I. 2018/101) , reg. 1(2) , Sch. para. 10(a) S. 44(1)(c) (d) inserted (1.4.2018) by The Landfill Disposals Tax (Administration) (Wales) Regulations 2018 (S.I. 2018/101) , reg. 1(2) , Sch. para. 10(b) S. 45(1A) inserted (1.4.2018) by The Landfill Disposals Tax (Administration) (Wales) Regulations 2018 (S.I. 2018/101) , reg. 1(2) , Sch. para. 11(2) Word in s. 45(1)(a) substituted (1.4.2018) by Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (anaw 1) , s. 81(2) (3) , Sch. 23 para. 13(a) ; S.I. 2018/34 , art. 3 Words in s. 45(5) substituted (1.4.2018) by Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (anaw 1) , s. 81(2) (3) , Sch. 23 para. 13(b) ; S.I. 2018/34 , art. 3 Words in s. 45(2) renumbered as s. 45(2)(a) (1.4.2018) by The Landfill Disposals Tax (Administration) (Wales) Regulations 2018 (S.I. 2018/101) , reg. 1(2) , Sch. para. 11(3)(a) S. 45(2)(b) and word inserted (1.4.2018) by The Landfill Disposals Tax (Administration) (Wales) Regulations 2018 (S.I. 2018/101) , reg. 1(2) , Sch. para. 11(3)(b) Words in s. 45(3) inserted (1.4.2018) by The Landfill Disposals Tax (Administration) (Wales) Regulations 2018 (S.I. 2018/101) , reg. 1(2) , Sch. para. 11(4) Word in s. 50(4) substituted (1.4.2018) by Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (anaw 1) , s. 81(2) (3) , Sch. 23 para. 15 ; S.I. 2018/34 , art. 3 Words in s. 52(5) substituted (1.4.2018) by Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (anaw 1) , s. 81(2) (3) , Sch. 23 para. 16 ; S.I. 2018/34 , art. 3 Words in s. 56 substituted (1.4.2018) by The Landfill Disposals Tax (Administration) (Wales) Regulations 2018 (S.I. 2018/101) , reg. 1(2) , Sch. para. 13 Words in s. 57(b) inserted (1.4.2018) by The Landfill Disposals Tax (Administration) (Wales) Regulations 2018 (S.I. 2018/101) , reg. 1(2) , Sch. para. 14 S. 58(3A) inserted (1.4.2018) by Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (anaw 1) , s. 81(2) (3) , Sch. 23 para. 18(c) ; S.I. 2018/34 , art. 3 S. 58(3B) inserted (1.4.2018) by The Landfill Disposals Tax (Administration) (Wales) Regulations 2018 (S.I. 2018/101) , reg. 1(2) , Sch. para. 15(3) Words in s. 58(1)(a) substituted (1.4.2018) by Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (anaw 1) , s. 81(2) (3) , Sch. 23 para. 18(a)(ii) ; S.I. 2018/34 , art. 3 Word in s. 58(1)(a) substituted (1.4.2018) by The Landfill Disposals Tax (Administration) (Wales) Regulations 2018 (S.I. 2018/101) , reg. 1(2) , Sch. para. 15(2)(a) Words in s. 58(1)(a) substituted (1.4.2018) by The Landfill Disposals Tax (Administration) (Wales) Regulations 2018 (S.I. 2018/101) , reg. 1(2) , Sch. para. 15(2)(b) S. 58(3) substituted (1.4.2018) by Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (anaw 1) , s. 81(2) (3) , Sch. 23 para. 18(b) ; S.I. 2018/34 , art. 3 Words in s. 58(4) inserted (1.4.2018) by Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (anaw 1) , s. 81(2) (3) , Sch. 23 para. 18(d)(i) ; S.I. 2018/34 , art. 3 Words in s. 58(4)(a) substituted (1.4.2018) by Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (anaw 1) , s. 81(2) (3) , Sch. 23 para. 18(d)(ii) ; S.I. 2018/34 , art. 3 S. 59(4A) inserted (1.4.2018) by The Landfill Disposals Tax (Administration) (Wales) Regulations 2018 (S.I. 2018/101) , reg. 1(2) , Sch. para. 16(5) Words in s. 59(7) inserted (1.4.2018) by Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (anaw 1) , s. 81(2) (3) , Sch. 23 para. 19(a) ; S.I. 2018/34 , art. 3 Words in s. 59(7) inserted (1.4.2018) by The Landfill Disposals Tax (Administration) (Wales) Regulations 2018 (S.I. 2018/101) , reg. 1(2) , Sch. para. 16(6)(a) Words in s. 59(7) inserted (1.4.2018) by The Landfill Disposals Tax (Administration) (Wales) Regulations 2018 (S.I. 2018/101) , reg. 1(2) , Sch. para. 16(6)(b) Words in s. 59(7) substituted (1.4.2018) by Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (anaw 1) , s. 81(2) (3) , Sch. 23 para. 19(b) ; S.I. 2018/34 , art. 3 Words in s. 59(1) inserted (1.4.2018) by The Landfill Disposals Tax (Administration) (Wales) Regulations 2018 (S.I. 2018/101) , reg. 1(2) , Sch. para. 16(2) Words in s. 59(2) substituted (1.4.2018) by The Landfill Disposals Tax (Administration) (Wales) Regulations 2018 (S.I. 2018/101) , reg. 1(2) , Sch. para. 16(3) Words in s. 59(3) substituted (1.4.2018) by The Landfill Disposals Tax (Administration) (Wales) Regulations 2018 (S.I. 2018/101) , reg. 1(2) , Sch. para. 16(4) S. 61(3) omitted (1.4.2018) by virtue of Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (anaw 1) , s. 81(2) (3) , Sch. 23 para. 20 ; S.I. 2018/34 , art. 3 Word in s. 63(1)(b) inserted (1.4.2018) by Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (anaw 1) , s. 81(2) (3) , Sch. 23 para. 23(a) ; S.I. 2018/34 , art. 3 Words in s. 63(3) substituted (1.4.2018) by Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (anaw 1) , s. 81(2) (3) , Sch. 23 para. 23(c)(ii) ; S.I. 2018/34 , art. 3 Word in s. 63(4) substituted (1.4.2018) by Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (anaw 1) , s. 81(2) (3) , Sch. 23 para. 23(d) ; S.I. 2018/34 , art. 3 Words in s. 64 inserted (1.4.2018) by Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (anaw 1) , s. 81(2) (3) , Sch. 23 para. 25(1)(a) ; S.I. 2018/34 , art. 3 Words in s. 66(2) inserted (1.4.2018) by Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (anaw 1) , s. 81(2) (3) , Sch. 23 para. 27(a) ; S.I. 2018/34 , art. 3 S. 67(2A) inserted (1.4.2018) by Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (anaw 1) , s. 81(2) (3) , Sch. 23 para. 28(d) ; S.I. 2018/34 , art. 3 S. 67(12) inserted (1.4.2018) by Landfill Disposals Tax (Wales) Act 2017 (anaw 3) , ss. 45 , 97(2) ; S.I. 2018/35 , art. 3 Words in s. 67(2)(a) inserted (1.4.2018) by Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (anaw 1) , s. 81(2) (3) , Sch. 23 para. 28(b) ; S.I. 2018/34 , art. 3 Words in s. 67(2)(b) inserted (1.4.2018) by Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (anaw 1) , s. 81(2) (3) , Sch. 23 para. 28(c) ; S.I. 2018/34 , art. 3 Words in s. 68(1) substituted (1.4.2018) by Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (anaw 1) , s. 81(2) (3) , Sch. 23 para. 29(a) ; S.I. 2018/34 , art. 3 Words in s. 69(1) substituted (1.4.2018) by Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (anaw 1) , s. 81(2) (3) , Sch. 23 para. 30 ; S.I. 2018/34 , art. 3 Words in s. 71(1) substituted (1.4.2018) by Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (anaw 1) , s. 81(2) (3) , Sch. 23 para. 31 ; S.I. 2018/34 , art. 3 S. 81(1A) inserted (1.4.2018) by Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (anaw 1) , s. 81(2) (3) , Sch. 23 para. 34(a) ; S.I. 2018/34 , art. 3 Words in s. 81(4) inserted (1.4.2018) by Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (anaw 1) , s. 81(2) (3) , Sch. 23 para. 34(b) ; S.I. 2018/34 , art. 3 Word in s. 81D omitted (1.4.2018) by virtue of The Landfill Disposals Tax (Administration) (Wales) Regulations 2018 (S.I. 2018/101) , reg. 1(2) , Sch. para. 17(a) Words in s. 81D inserted (1.4.2018) by The Landfill Disposals Tax (Administration) (Wales) Regulations 2018 (S.I. 2018/101) , reg. 1(2) , Sch. para. 17(b) Words in s. 84(1)(b) inserted (1.4.2018) by The Landfill Disposals Tax (Administration) (Wales) Regulations 2018 (S.I. 2018/101) , reg. 1(2) , Sch. para. 18(2)(a) Words in s. 84(1)(b) inserted (1.4.2018) by The Landfill Disposals Tax (Administration) (Wales) Regulations 2018 (S.I. 2018/101) , reg. 1(2) , Sch. para. 18(2)(b) Words in s. 84(1)(c) inserted (1.4.2018) by The Landfill Disposals Tax (Administration) (Wales) Regulations 2018 (S.I. 2018/101) , reg. 1(2) , Sch. para. 18(3) Word in s. 93(2) omitted (1.4.2018) by virtue of The Landfill Disposals Tax (Administration) (Wales) Regulations 2018 (S.I. 2018/101) , reg. 1(2) , Sch. para. 20(a) S. 93(2)(e) (f) inserted (1.4.2018) by The Landfill Disposals Tax (Administration) (Wales) Regulations 2018 (S.I. 2018/101) , reg. 1(2) , Sch. para. 20(b) Word in s. 100(5) omitted (1.4.2018) by virtue of The Landfill Disposals Tax (Administration) (Wales) Regulations 2018 (S.I. 2018/101) , reg. 1(2) , Sch. para. 21(a) S. 100(5)(d) (e) inserted (1.4.2018) by The Landfill Disposals Tax (Administration) (Wales) Regulations 2018 (S.I. 2018/101) , reg. 1(2) , Sch. para. 21(b) Words in s. 117(1)(a) inserted (1.4.2018) by The Landfill Disposals Tax (Administration) (Wales) Regulations 2018 (S.I. 2018/101) , reg. 1(2) , Sch. para. 22 Words in s. 118 inserted (1.4.2018) by Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (anaw 1) , s. 81(2) (3) , Sch. 23 para. 39 ; S.I. 2018/34 , art. 3 S. 118 renumbered as s. 118(1) (1.4.2018) by Landfill Disposals Tax (Wales) Act 2017 (anaw 3) , s. 97(2) , Sch. 4 para. 9(a) ; S.I. 2018/35 , art. 3 S. 118(2) inserted (1.4.2018) by Landfill Disposals Tax (Wales) Act 2017 (anaw 3) , s. 97(2) , Sch. 4 para. 9(b) ; S.I. 2018/35 , art. 3 Words in s. 119(1) inserted (1.4.2018) by Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (anaw 1) , s. 81(2) (3) , Sch. 23 para. 40 ; S.I. 2018/34 , art. 3 Words in s. 120(1) inserted (1.4.2018) by Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (anaw 1) , s. 81(2) (3) , Sch. 23 para. 41(a) ; S.I. 2018/34 , art. 3 Words in s. 120(2) substituted (1.4.2018) by Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (anaw 1) , s. 81(2) (3) , Sch. 23 para. 41(b) ; S.I. 2018/34 , art. 3 Word in s. 121(1) inserted (1.4.2018) by Landfill Disposals Tax (Wales) Act 2017 (anaw 3) , s. 97(2) , Sch. 4 para. 10 ; S.I. 2018/35 , art. 3 S. 122(2A) inserted (1.4.2018) by Landfill Disposals Tax (Wales) Act 2017 (anaw 3) , s. 97(2) , Sch. 4 para. 11(a) ; S.I. 2018/35 , art. 3 Words in s. 122 Table A1 substituted (1.4.2018) by The Landfill Disposals Tax (Administration) (Wales) Regulations 2018 (S.I. 2018/101) , reg. 1(2) , Sch. para. 24 S. 122(2) substituted (1.4.2018) by Landfill Disposals Tax (Wales) Act 2017 (anaw 3) , ss. 75 , 97(2) ; S.I. 2018/35 , art. 3 Words in s. 122(3) substituted (1.4.2018) by Landfill Disposals Tax (Wales) Act 2017 (anaw 3) , s. 97(2) , Sch. 4 para. 11(b) ; S.I. 2018/35 , art. 3 Words in s. 122A(1) inserted (1.4.2018) by Landfill Disposals Tax (Wales) Act 2017 (anaw 3) , s. 97(2) , Sch. 4 para. 12 ; S.I. 2018/35 , art. 3 S. 123 omitted (1.4.2018) by virtue of Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (anaw 1) , s. 81(2) (3) , Sch. 23 para. 43 ; S.I. 2018/34 , art. 3 S. 124 omitted (1.4.2018) by virtue of Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (anaw 1) , s. 81(2) (3) , Sch. 23 para. 43 ; S.I. 2018/34 , art. 3 S. 125(2A) inserted (1.4.2018) by Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (anaw 1) , s. 81(2) (3) , Sch. 23 para. 44 ; S.I. 2018/34 , art. 3 S. 126(2A) inserted (1.4.2018) by The Landfill Disposals Tax (Administration) (Wales) Regulations 2018 (S.I. 2018/101) , reg. 1(2) , Sch. para. 26(2) Words in s. 126(2) substituted (1.4.2018) by Landfill Disposals Tax (Wales) Act 2017 (anaw 3) , s. 97(2) , Sch. 4 para. 13 ; S.I. 2018/35 , art. 3 Words in s. 126(3) substituted (1.4.2018) by The Landfill Disposals Tax (Administration) (Wales) Regulations 2018 (S.I. 2018/101) , reg. 1(2) , Sch. para. 26(3) S. 127(6A) (6B) inserted (1.4.2018) by The Landfill Disposals Tax (Administration) (Wales) Regulations 2018 (S.I. 2018/101) , reg. 1(2) , Sch. para. 27(3) Words in s. 127(1)(c) substituted (1.4.2018) by The Landfill Disposals Tax (Administration) (Wales) Regulations 2018 (S.I. 2018/101) , reg. 1(2) , Sch. para. 27(2) Words in s. 127(7) substituted (1.4.2018) by The Landfill Disposals Tax (Administration) (Wales) Regulations 2018 (S.I. 2018/101) , reg. 1(2) , Sch. para. 27(4) S. 128(4A) inserted (1.4.2018) by The Landfill Disposals Tax (Administration) (Wales) Regulations 2018 (S.I. 2018/101) , reg. 1(2) , Sch. para. 28(4) Words in s. 128(1) omitted (1.4.2018) by virtue of Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (anaw 1) , s. 81(2) (3) , Sch. 23 para. 47(a) ; S.I. 2018/34 , art. 3 Word in s. 128(4) substituted (1.4.2018) by Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (anaw 1) , s. 81(2) (3) , Sch. 23 para. 47(b) ; S.I. 2018/34 , art. 3 Words in s. 128(5) omitted (1.4.2018) by virtue of Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (anaw 1) , s. 81(2) (3) , Sch. 23 para. 47(c) ; S.I. 2018/34 , art. 3 Words in s. 128(5) omitted (1.4.2018) by virtue of The Landfill Disposals Tax (Administration) (Wales) Regulations 2018 (S.I. 2018/101) , reg. 1(2) , Sch. para. 28(5) Word in s. 128(2) omitted (1.4.2018) by virtue of The Landfill Disposals Tax (Administration) (Wales) Regulations 2018 (S.I. 2018/101) , reg. 1(2) , Sch. para. 28(2)(a) S. 128(2)(c) and word inserted (1.4.2018) by The Landfill Disposals Tax (Administration) (Wales) Regulations 2018 (S.I. 2018/101) , reg. 1(2) , Sch. para. 28(2)(b) S. 128(3)(c) inserted (1.4.2018) by The Landfill Disposals Tax (Administration) (Wales) Regulations 2018 (S.I. 2018/101) , reg. 1(2) , Sch. para. 28(3) Word in s. 129(2) omitted (1.4.2018) by virtue of The Landfill Disposals Tax (Administration) (Wales) Regulations 2018 (S.I. 2018/101) , reg. 1(2) , Sch. para. 29(a) S. 129(2)(d) and word inserted (1.4.2018) by The Landfill Disposals Tax (Administration) (Wales) Regulations 2018 (S.I. 2018/101) , reg. 1(2) , Sch. para. 29(b) Words in s. 130(1) inserted (1.4.2018) by Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (anaw 1) , s. 81(2) (3) , Sch. 23 para. 48(a) ; S.I. 2018/34 , art. 3 Words in s. 130(2) inserted (1.4.2018) by Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (anaw 1) , s. 81(2) (3) , Sch. 23 para. 48(b) ; S.I. 2018/34 , art. 3 Words in s. 132(4) inserted (1.4.2018) by Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (anaw 1) , s. 81(2) (3) , Sch. 23 para. 49 ; S.I. 2018/34 , art. 3 Word in s. 132(2) omitted (1.4.2018) by virtue of The Landfill Disposals Tax (Administration) (Wales) Regulations 2018 (S.I. 2018/101) , reg. 1(2) , Sch. para. 30(a) S. 132(2)(d) and word inserted (1.4.2018) by The Landfill Disposals Tax (Administration) (Wales) Regulations 2018 (S.I. 2018/101) , reg. 1(2) , Sch. para. 30(b) S. 133(1A) inserted (1.4.2018) by The Landfill Disposals Tax (Administration) (Wales) Regulations 2018 (S.I. 2018/101) , reg. 1(2) , Sch. para. 31 Words in s. 133(3) inserted (1.4.2018) by Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (anaw 1) , s. 81(2) (3) , Sch. 23 para. 50 ; S.I. 2018/34 , art. 3 Words in s. 135(1) inserted (1.4.2018) by The Landfill Disposals Tax (Administration) (Wales) Regulations 2018 (S.I. 2018/101) , reg. 1(2) , Sch. para. 32(2) Word in s. 135(2) omitted (1.4.2018) by virtue of The Landfill Disposals Tax (Administration) (Wales) Regulations 2018 (S.I. 2018/101) , reg. 1(2) , Sch. para. 32(3)(a) S. 135(2)(c) and word inserted (1.4.2018) by The Landfill Disposals Tax (Administration) (Wales) Regulations 2018 (S.I. 2018/101) , reg. 1(2) , Sch. para. 32(3)(b) Words in s. 136(2) substituted (1.4.2018) by virtue of The Landfill Disposals Tax (Administration) (Wales) Regulations 2018 (S.I. 2018/101) , reg. 1(2) , Sch. para. 33(a) Words in s. 136(2) substituted (1.4.2018) by virtue of The Landfill Disposals Tax (Administration) (Wales) Regulations 2018 (S.I. 2018/101) , reg. 1(2) , Sch. para. 33(b) Word in s. 139(2) omitted (1.4.2018) by virtue of The Landfill Disposals Tax (Administration) (Wales) Regulations 2018 (S.I. 2018/101) , reg. 1(2) , Sch. para. 34(a) S. 139(2)(d)-(f) inserted (1.4.2018) by The Landfill Disposals Tax (Administration) (Wales) Regulations 2018 (S.I. 2018/101) , reg. 1(2) , Sch. para. 34(b) Words in s. 141(5) omitted (1.4.2018) by virtue of Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (anaw 1) , s. 81(2) (3) , Sch. 23 para. 51 ; S.I. 2018/34 , art. 3 Words in s. 141(1)(c) substituted (1.4.2018) by The Landfill Disposals Tax (Administration) (Wales) Regulations 2018 (S.I. 2018/101) , reg. 1(2) , Sch. para. 35 Word in s. 143(1) inserted (1.4.2018) by Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (anaw 1) , s. 81(2) (3) , Sch. 23 para. 53 ; S.I. 2018/34 , art. 3 Word in s. 144(1) inserted (1.4.2018) by Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (anaw 1) , s. 81(2) (3) , Sch. 23 para. 54 ; S.I. 2018/34 , art. 3 Word in s. 145(2) inserted (1.4.2018) by Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (anaw 1) , s. 81(2) (3) , Sch. 23 para. 55 ; S.I. 2018/34 , art. 3 Words in s. 151(1)(c) renumbered as s. 151(1)(c)(i) (1.4.2018) by The Landfill Disposals Tax (Administration) (Wales) Regulations 2018 (S.I. 2018/101) , reg. 1(2) , Sch. para. 36(2)(a) S. 151(1)(c)(ii) and word inserted (1.4.2018) by The Landfill Disposals Tax (Administration) (Wales) Regulations 2018 (S.I. 2018/101) , reg. 1(2) , Sch. para. 36(2)(b) Words in s. 151(3) renumbered as s. 151(3)(i) (1.4.2018) by The Landfill Disposals Tax (Administration) (Wales) Regulations 2018 (S.I. 2018/101) , reg. 1(2) , Sch. para. 36(3)(a) S. 151(3)(ii) and word inserted (1.4.2018) by The Landfill Disposals Tax (Administration) (Wales) Regulations 2018 (S.I. 2018/101) , reg. 1(2) , Sch. para. 36(3)(b) S. 157(1A) inserted (1.4.2018) by Landfill Disposals Tax (Wales) Act 2017 (anaw 3) , ss. 53(2) , 97(2) ; S.I. 2018/35 , art. 3 S. 157(3)(c) inserted (1.4.2018) by Landfill Disposals Tax (Wales) Act 2017 (anaw 3) , ss. 53(3) , 97(2) ; S.I. 2018/35 , art. 3 Words in s. 157A(1) substituted (1.4.2018) by Landfill Disposals Tax (Wales) Act 2017 (anaw 3) , s. 97(2) , Sch. 4 para. 15 ; S.I. 2018/35 , art. 3 Words in s. 158(1) substituted (1.4.2018) by The Landfill Disposals Tax (Administration) (Wales) Regulations 2018 (S.I. 2018/101) , reg. 1(2) , Sch. para. 38 Words in s. 160(1)(a) substituted (1.4.2018) by The Landfill Disposals Tax (Administration) (Wales) Regulations 2018 (S.I. 2018/101) , reg. 1(2) , Sch. para. 39 Word in s. 161(2) omitted (1.4.2018) by virtue of The Landfill Disposals Tax (Administration) (Wales) Regulations 2018 (S.I. 2018/101) , reg. 1(2) , Sch. para. 40(2)(a) S. 161(2)(c) and word inserted (1.4.2018) by The Landfill Disposals Tax (Administration) (Wales) Regulations 2018 (S.I. 2018/101) , reg. 1(2) , Sch. para. 40(2)(b) Words in s. 161(4)(b) substituted (1.4.2018) by The Landfill Disposals Tax (Administration) (Wales) Regulations 2018 (S.I. 2018/101) , reg. 1(2) , Sch. para. 40(3) S. 164(e)(f) inserted (1.4.2018) by The Landfill Disposals Tax (Administration) (Wales) Regulations 2018 (S.I. 2018/101) , reg. 1(2) , Sch. para. 41 S. 169(5A) (5B) inserted (1.4.2018) by Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (anaw 1) , s. 81(2) (3) , Sch. 23 para. 60 ; S.I. 2018/34 , art. 3 Words in s. 169(4) inserted (1.4.2018) by The Landfill Disposals Tax (Administration) (Wales) Regulations 2018 (S.I. 2018/101) , reg. 1(2) , Sch. para. 42(2)(a) Words in s. 169(4) substituted (1.4.2018) by The Landfill Disposals Tax (Administration) (Wales) Regulations 2018 (S.I. 2018/101) , reg. 1(2) , Sch. para. 42(2)(b) Words in s. 169(5) inserted (1.4.2018) by The Landfill Disposals Tax (Administration) (Wales) Regulations 2018 (S.I. 2018/101) , reg. 1(2) , Sch. para. 42(3)(a) Words in s. 169(5) substituted (1.4.2018) by The Landfill Disposals Tax (Administration) (Wales) Regulations 2018 (S.I. 2018/101) , reg. 1(2) , Sch. para. 42(3)(b) S. 172(2)(f) (g) inserted (1.4.2018) by Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (anaw 1) , s. 81(2) (3) , Sch. 23 para. 62 ; S.I. 2018/34 , art. 3 S. 172(2)(l) inserted (1.4.2018) by The Landfill Disposals Tax (Administration) (Wales) Regulations 2018 (S.I. 2018/101) , reg. 1(2) , Sch. para. 43 Word in s. 181B(3) omitted (1.4.2018) by virtue of Landfill Disposals Tax (Wales) Act 2017 (anaw 3) , ss. 44(2)(a) , 97(2) ; S.I. 2018/35 , art. 3 S. 181B(3)(c) and word inserted (1.4.2018) by Landfill Disposals Tax (Wales) Act 2017 (anaw 3) , ss. 44(2)(b) , 97(2) ; S.I. 2018/35 , art. 3 Words ins. 181B(4) renumbered as s. 181B(4)(a) (1.4.2018) by Landfill Disposals Tax (Wales) Act 2017 (anaw 3) , ss. 44(3)(a) , 97(2) ; S.I. 2018/35 , art. 3 S. 181B(4)(b) and word inserted (1.4.2018) by Landfill Disposals Tax (Wales) Act 2017 (anaw 3) , ss. 44(3)(b) , 97(2) ; S.I. 2018/35 , art. 3 Words in s. 181B(5) renumbered as s. 181B(5)(a) (1.4.2018) by Landfill Disposals Tax (Wales) Act 2017 (anaw 3) , ss. 44(4)(a) , 97(2) ; S.I. 2018/35 , art. 3 Words in s. 181B(5) substituted (1.4.2018) by Landfill Disposals Tax (Wales) Act 2017 (anaw 3) , ss. 44(4)(b) , 97(2) ; S.I. 2018/35 , art. 3 S. 182(7) inserted (1.4.2018) by Landfill Disposals Tax (Wales) Act 2017 (anaw 3) , s. 97(2) , Sch. 4 para. 17(c) ; S.I. 2018/35 , art. 3 Words in s. 182(2) substituted (1.4.2018) by Landfill Disposals Tax (Wales) Act 2017 (anaw 3) , s. 97(2) , Sch. 4 para. 17(a) ; S.I. 2018/35 , art. 3 Words in s. 182(4)(a) substituted (1.4.2018) by Landfill Disposals Tax (Wales) Act 2017 (anaw 3) , s. 97(2) , Sch. 4 para. 17(b) ; S.I. 2018/35 , art. 3 Words in s. 183A(1)(a) renumbered as s. 183A(1)(a)(i) (1.4.2018) by The Landfill Disposals Tax (Administration) (Wales) Regulations 2018 (S.I. 2018/101) , reg. 1(2) , Sch. para. 46(a) S. 183A(1)(a)(ii) and word inserted (1.4.2018) by The Landfill Disposals Tax (Administration) (Wales) Regulations 2018 (S.I. 2018/101) , reg. 1(2) , Sch. para. 46(b) Word in s. 189(2) inserted (1.4.2018) by virtue of Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (anaw 1) , s. 81(2) (3) , Sch. 23 para. 67 ; S.I. 2018/34 , art. 3 Words in s. 192(2) inserted (1.4.2018) by The Landfill Disposals Tax (Administration) (Wales) Regulations 2018 (S.I. 2018/101) , reg. 1(2) , Sch. para. 47 Words in s. 193 inserted (1.4.2018) by Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (anaw 1) , s. 81(2) (3) , Sch. 23 para. 71 ; S.I. 2018/34 , art. 3 Words in s. 193 inserted (1.4.2018) by The Landfill Disposals Tax (Administration) (Wales) Regulations 2018 (S.I. 2018/101) , reg. 1(2) , Sch. para. 48 S. 4(c) omitted (31.12.2020) by virtue of The Welsh Tax Acts (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/833) , regs. 1(2) , 5(2) ; 2020 c. 1 , Sch. 5 para. 1(1) Words in s. 65(4)(a) substituted (31.12.2020) by The Welsh Tax Acts (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/833) , regs. 1(2) , 5(3) ; 2020 c. 1 , Sch. 5 para. 1(1) Words in s. 67(11) omitted (31.12.2020) by virtue of The Welsh Tax Acts (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/833) , regs. 1(2) , 5(4)(a) ; 2020 c. 1 , Sch. 5 para. 1(1) Words in s. 67(11)(a) inserted (31.12.2020) by The Welsh Tax Acts (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/833) , regs. 1(2) , 5(4)(b) ; 2020 c. 1 , Sch. 5 para. 1(1) Word in s. 67(11) substituted (31.12.2020) by The Welsh Tax Acts (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/833) , regs. 1(2) , 5(4)(c) ; 2020 c. 1 , Sch. 5 para. 1(1) S. 67(11)(b) substituted (31.12.2020) by The Welsh Tax Acts (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/833) , regs. 1(2) , 5(4)(d) ; 2020 c. 1 , Sch. 5 para. 1(1) Words in s. 85(3) substituted (31.12.2020) by The Welsh Tax Acts (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/833) , regs. 1(2) , 6(1) (with reg. 6(3) ); 2020 c. 1 , Sch. 5 para. 1(1) Act: power to modify conferred (9.9.2022) by Welsh Tax Acts etc. (Power to Modify) Act 2022 (asc 2) , ss. 1 , 9 (with s. 2(4)-(6) ) Words in s. 20(3)(a) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149) , regs. 1(2) , 2(1) , Sch. Pt. 1 table Words in s. 65(4)(a) substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) (Wales) Regulations 2023 (S.I. 2023/1332) , regs. 1(2) , 4 Words in s. 122(3) Table A1 substituted (1.4.2024) by The Landfill Disposals Tax (Tax Rates) (Amendment) and Tax Collection and Management (Wales) Act 2016 (Miscellaneous Amendments) (Wales) Regulations 2024 (S.I. 2024/367) , regs. 1 , 5 S. 78 applied (with modifications) (12.7.2024) by 2017 anaw 1 , Sch. 5 para. 23(7)-(10) (as inserted by The Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (Amendments to Schedule 5) Regulations 2024 (S.I. 2024/791) , regs. 1(2) , 5(2) ) Act: power to amend conferred (19.9.2025) by Visitor Accommodation (Register and Levy) Etc. (Wales) Act 2025 (asc 5) , ss. 62 , 67(1) Words in Pt. 3A heading inserted (19.9.2025) by Visitor Accommodation (Register and Levy) Etc. (Wales) Act 2025 (asc 5) , s. 67(1) , Sch. 2 para. 34 Word in Pt. 3A inserted (19.9.2025) by Visitor Accommodation (Register and Levy) Etc. (Wales) Act 2025 (asc 5) , s. 67(1) , Sch. 2 para. 35(b) Word in s. 118 cross-heading inserted (19.9.2025) by Visitor Accommodation (Register and Levy) Etc. (Wales) Act 2025 (asc 5) , s. 67(1) , Sch. 2 para. 38 Word in s. 118 heading inserted (19.9.2025) by Visitor Accommodation (Register and Levy) Etc. (Wales) Act 2025 (asc 5) , s. 67(1) , Sch. 2 para. 39(a) Word in s. 119 heading inserted (19.9.2025) by Visitor Accommodation (Register and Levy) Etc. (Wales) Act 2025 (asc 5) , s. 67(1) , Sch. 2 para. 40(a) Word in s. 120 heading inserted (19.9.2025) by Visitor Accommodation (Register and Levy) Etc. (Wales) Act 2025 (asc 5) , s. 67(1) , Sch. 2 para. 41(a) S. 24A inserted (19.9.2025) by Visitor Accommodation (Register and Levy) Etc. (Wales) Act 2025 (asc 5) , s. 67(1) , Sch. 2 para. 25 S. 117A inserted (19.9.2025) by Visitor Accommodation (Register and Levy) Etc. (Wales) Act 2025 (asc 5) , s. 67(1) , Sch. 2 para. 37 Ss. 120A-120H and cross-heading inserted (19.9.2025) by Visitor Accommodation (Register and Levy) Etc. (Wales) Act 2025 (asc 5) , s. 67(1) , Sch. 2 para. 42 S. 122B inserted (19.9.2025) by Visitor Accommodation (Register and Levy) Etc. (Wales) Act 2025 (asc 5) , s. 67(1) , Sch. 2 para. 45 S. 187B inserted (19.9.2025) by Visitor Accommodation (Register and Levy) Etc. (Wales) Act 2025 (asc 5) , s. 67(1) , Sch. 2 para. 50 S. 12(2)(e) inserted (19.9.2025) by Visitor Accommodation (Register and Levy) Etc. (Wales) Act 2025 (asc 5) , s. 67(1) , Sch. 2 para. 22(b) Words in s. 12(2)(b) substituted (19.9.2025) by Visitor Accommodation (Register and Levy) Etc. (Wales) Act 2025 (asc 5) , s. 67(1) , Sch. 2 para. 22(a) S. 15(1A) inserted (19.9.2025) by Visitor Accommodation (Register and Levy) Etc. (Wales) Act 2025 (asc 5) , s. 67(1) , Sch. 2 para. 23 S. 18(1)(za) inserted (19.9.2025) by Visitor Accommodation (Register and Levy) Etc. (Wales) Act 2025 (asc 5) , s. 67(1) , Sch. 2 para. 24 S. 25(3) inserted (19.9.2025) by Visitor Accommodation (Register and Levy) Etc. (Wales) Act 2025 (asc 5) , s. 67(1) , Sch. 2 para. 26(b) Words in s. 25(1) inserted (19.9.2025) by Visitor Accommodation (Register and Levy) Etc. (Wales) Act 2025 (asc 5) , s. 67(1) , Sch. 2 para. 26(a) Words in s. 26(2) inserted (19.9.2025) by Visitor Accommodation (Register and Levy) Etc. (Wales) Act 2025 (asc 5) , s. 67(1) , Sch. 2 para. 27(b) Word in s. 26(2) omitted (19.9.2025) by virtue of Visitor Accommodation (Register and Levy) Etc. (Wales) Act 2025 (asc 5) , s. 67(1) , Sch. 2 para. 27(a) S. 27(2A) inserted (19.9.2025) by Visitor Accommodation (Register and Levy) Etc. (Wales) Act 2025 (asc 5) , s. 67(1) , Sch. 2 para. 28 S. 29(2A) inserted (19.9.2025) by Visitor Accommodation (Register and Levy) Etc. (Wales) Act 2025 (asc 5) , s. 67(1) , Sch. 2 para. 29 S. 30(1A) inserted (19.9.2025) by Visitor Accommodation (Register and Levy) Etc. (Wales) Act 2025 (asc 5) , s. 67(1) , Sch. 2 para. 30 Words in s. 31(4)(b) inserted (19.9.2025) by Visitor Accommodation (Register and Levy) Etc. (Wales) Act 2025 (asc 5) , s. 67(1) , Sch. 2 para. 31 S. 40 renumbered as s. 40(1) (19.9.2025) by Visitor Accommodation (Register and Levy) Etc. (Wales) Act 2025 (asc 5) , s. 67(1) , Sch. 2 para. 32(a) S. 40(2) inserted (19.9.2025) by Visitor Accommodation (Register and Levy) Etc. (Wales) Act 2025 (asc 5) , s. 67(1) , Sch. 2 para. 32(b) S. 58(5) inserted (19.9.2025) by Visitor Accommodation (Register and Levy) Etc. (Wales) Act 2025 (asc 5) , s. 67(1) , Sch. 2 para. 33 Words in s. 81A(1) inserted (19.9.2025) by Visitor Accommodation (Register and Levy) Etc. (Wales) Act 2025 (asc 5) , s. 67(1) , Sch. 2 para. 35(a) S. 86(2) substituted (19.9.2025) by Visitor Accommodation (Register and Levy) Etc. (Wales) Act 2025 (asc 5) , s. 67(1) , Sch. 2 para. 36 Word in s. 118(1) inserted (19.9.2025) by Visitor Accommodation (Register and Levy) Etc. (Wales) Act 2025 (asc 5) , s. 67(1) , Sch. 2 para. 39(b) Word in s. 119(1) inserted (19.9.2025) by Visitor Accommodation (Register and Levy) Etc. (Wales) Act 2025 (asc 5) , s. 67(1) , Sch. 2 para. 40(b) Word in s. 120(2) inserted (19.9.2025) by Visitor Accommodation (Register and Levy) Etc. (Wales) Act 2025 (asc 5) , s. 67(1) , Sch. 2 para. 41(c) Word in s. 120(1) inserted (19.9.2025) by Visitor Accommodation (Register and Levy) Etc. (Wales) Act 2025 (asc 5) , s. 67(1) , Sch. 2 para. 41(b) Words in s. 121(1) substituted (19.9.2025) by Visitor Accommodation (Register and Levy) Etc. (Wales) Act 2025 (asc 5) , s. 67(1) , Sch. 2 para. 43 Words in s. 122 Table A1 inserted (19.9.2025) by Visitor Accommodation (Register and Levy) Etc. (Wales) Act 2025 (asc 5) , s. 67(1) , Sch. 2 para. 44(c) S. 122(2)(c) inserted (19.9.2025) by Visitor Accommodation (Register and Levy) Etc. (Wales) Act 2025 (asc 5) , s. 67(1) , Sch. 2 para. 44(a) Words in s. 122(3) substituted (19.9.2025) by Visitor Accommodation (Register and Levy) Etc. (Wales) Act 2025 (asc 5) , s. 67(1) , Sch. 2 para. 44(b) Word in s. 126(2) substituted (19.9.2025) by Visitor Accommodation (Register and Levy) Etc. (Wales) Act 2025 (asc 5) , s. 67(1) , Sch. 2 para. 46(b) Words in s. 126(1) inserted (19.9.2025) by Visitor Accommodation (Register and Levy) Etc. (Wales) Act 2025 (asc 5) , s. 67(1) , Sch. 2 para. 46(a) Words in s. 127(5) substituted (19.9.2025) by Visitor Accommodation (Register and Levy) Etc. (Wales) Act 2025 (asc 5) , s. 67(1) , Sch. 2 para. 47(b) Words in s. 127(6) substituted (19.9.2025) by Visitor Accommodation (Register and Levy) Etc. (Wales) Act 2025 (asc 5) , s. 67(1) , Sch. 2 para. 47(c) Words in s. 127(3) substituted (19.9.2025) by Visitor Accommodation (Register and Levy) Etc. (Wales) Act 2025 (asc 5) , s. 67(1) , Sch. 2 para. 47(a) Words in s. 127(4) substituted (19.9.2025) by Visitor Accommodation (Register and Levy) Etc. (Wales) Act 2025 (asc 5) , s. 67(1) , Sch. 2 para. 47(a) S. 128(2)(aa) inserted (19.9.2025) by Visitor Accommodation (Register and Levy) Etc. (Wales) Act 2025 (asc 5) , s. 67(1) , Sch. 2 para. 48(b) Words in s. 128(2)(a) inserted (19.9.2025) by Visitor Accommodation (Register and Levy) Etc. (Wales) Act 2025 (asc 5) , s. 67(1) , Sch. 2 para. 48(a) S. 172(2)(da) (db) inserted (19.9.2025) by Visitor Accommodation (Register and Levy) Etc. (Wales) Act 2025 (asc 5) , s. 67(1) , Sch. 2 para. 49(a) Words in s. 172(3)(b)(i) inserted (19.9.2025) by Visitor Accommodation (Register and Levy) Etc. (Wales) Act 2025 (asc 5) , s. 67(1) , Sch. 2 para. 49(b) Words in s. 172(3)(c)(i) inserted (19.9.2025) by Visitor Accommodation (Register and Levy) Etc. (Wales) Act 2025 (asc 5) , s. 67(1) , Sch. 2 para. 49(b) Word in s. 189(2) inserted (19.9.2025) by Visitor Accommodation (Register and Levy) Etc. (Wales) Act 2025 (asc 5) , s. 67(1) , Sch. 2 para. 51 Words in s. 190(1) inserted (19.9.2025) by Visitor Accommodation (Register and Levy) Etc. (Wales) Act 2025 (asc 5) , s. 67(1) , Sch. 2 para. 52(2) Words in s. 190(6)(a) inserted (19.9.2025) by Visitor Accommodation (Register and Levy) Etc. (Wales) Act 2025 (asc 5) , s. 67(1) , Sch. 2 para. 52(3)(a)(i) Words in s. 190(6)(a) substituted (19.9.2025) by Visitor Accommodation (Register and Levy) Etc. (Wales) Act 2025 (asc 5) , s. 67(1) , Sch. 2 para. 52(3)(a)(ii) Words in s. 190(6)(b) inserted (19.9.2025) by Visitor Accommodation (Register and Levy) Etc. (Wales) Act 2025 (asc 5) , s. 67(1) , Sch. 2 para. 52(3)(b)(i) Words in s. 190(6)(b) substituted (19.9.2025) by Visitor Accommodation (Register and Levy) Etc. (Wales) Act 2025 (asc 5) , s. 67(1) , Sch. 2 para. 52(3)(b)(ii) Words in s. 191(1) inserted (19.9.2025) by Visitor Accommodation (Register and Levy) Etc. (Wales) Act 2025 (asc 5) , s. 67(1) , Sch. 2 para. 53(a) Words in s. 191(3) inserted (19.9.2025) by Visitor Accommodation (Register and Levy) Etc. (Wales) Act 2025 (asc 5) , s. 67(1) , Sch. 2 para. 53(b) S. 192(3) inserted (19.9.2025) by Visitor Accommodation (Register and Levy) Etc. (Wales) Act 2025 (asc 5) , s. 67(1) , Sch. 2 para. 54(b) Words in s. 192(2) omitted (19.9.2025) by virtue of Visitor Accommodation (Register and Levy) Etc. (Wales) Act 2025 (asc 5) , s. 67(1) , Sch. 2 para. 54(a)(i) Words in s. 192(2) inserted (19.9.2025) by Visitor Accommodation (Register and Levy) Etc. (Wales) Act 2025 (asc 5) , s. 67(1) , Sch. 2 para. 54(a)(ii) Words in s. 193 substituted (19.9.2025) by Visitor Accommodation (Register and Levy) Etc. (Wales) Act 2025 (asc 5) , s. 67(1) , Sch. 2 para. 55(a) Words in s. 193 inserted (19.9.2025) by Visitor Accommodation (Register and Levy) Etc. (Wales) Act 2025 (asc 5) , s. 67(1) , Sch. 2 para. 55(b) Word in Act substituted (19.9.2025) by Visitor Accommodation (Register and Levy) Etc. (Wales) Act 2025 (asc 5) , s. 67(1) , Sch. 2 para. 21
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[uk-legislation-anaw][anaw] 2025-10-14
http://www.legislation.gov.uk/anaw/2017/2/2025-09-19
http://www.legislation.gov.uk/anaw/2017/2/2025-09-19 Public Health (Wales) Act 2017 An Act of the National Assembly for Wales to make provision for a national strategy on tackling obesity; about smoking; for a register of retailers of tobacco and nicotine products; about the handing over of tobacco and nicotine products to persons aged under 18; about the performance of certain procedures for aesthetic or therapeutic purposes; about intimate piercing of children; about health impact assessments; about assessing the local need for pharmaceutical services; about pharmaceutical lists; about assessing the local need for public toilets; about fixed penalty receipts for food hygiene rating offences; and for connected purposes. text text/xml en Statute Law Database 2025-09-22 Expert Participation 2025-09-19 Public Health (Wales) Act 2017 Deddf Iechyd y Cyhoedd (Cymru) 2017 specified provision(s) The Public Health (Wales) Act 2017 (Commencement) (Amendment) Order 2017 Gorchymyn Deddf Iechyd y Cyhoedd (Cymru) 2017 (Cychwyn) (Diwygio) 2017 art. 2 Public Health (Wales) Act 2017 Deddf Iechyd y Cyhoedd (Cymru) 2017 s. 110(1)(ba) The Health Impact Assessment (Wales) Regulations 2025 Rheoliadau Asesiadau o’r Effaith ar Iechyd (Cymru) 2025 reg. 7(2) reg. 1(2) Public Health (Wales) Act 2017 Deddf Iechyd y Cyhoedd (Cymru) 2017 s. 110(1)(d)(iii) The Health Impact Assessment (Wales) Regulations 2025 Rheoliadau Asesiadau o’r Effaith ar Iechyd (Cymru) 2025 reg. 7(3) reg. 1(2) Public Health (Wales) Act 2017 Deddf Iechyd y Cyhoedd (Cymru) 2017 s. 110(1)(da) The Health Impact Assessment (Wales) Regulations 2025 Rheoliadau Asesiadau o’r Effaith ar Iechyd (Cymru) 2025 reg. 7(4) reg. 1(2) Public Health (Wales) Act 2017 Deddf Iechyd y Cyhoedd (Cymru) 2017 s. 110(1)(m) - (q) The Health Impact Assessment (Wales) Regulations 2025 Rheoliadau Asesiadau o’r Effaith ar Iechyd (Cymru) 2025 reg. 7(5) reg. 1(2) Public Health (Wales) Act 2017 2017 anaw 2 An Act of the National Assembly for Wales to make provision for a national strategy on tackling obesity; about smoking; for a register of retailers of tobacco and nicotine products; about the handing over of tobacco and nicotine products to persons aged under 18; about the performance of certain procedures for aesthetic or therapeutic purposes; about intimate piercing of children; about health impact assessments; about assessing the local need for pharmaceutical services; about pharmaceutical lists; about assessing the local need for public toilets; about fixed penalty receipts for food hygiene rating offences; and for connected purposes. [3 July 2017] Having been passed by the National Assembly for Wales and having received the assent of Her Majesty, it is enacted as follows: PART 1 OVERVIEW Overview 1 1 This Part of the Act is an overview of the main provisions of the Act. 2 Part 2 makes provision for a national strategy on tackling obesity. 3 Part 3 relates to tobacco and nicotine products. It— a makes provision restricting smoking in workplaces, public places, outdoor care settings for children, school grounds, hospital grounds and public playgrounds, and confers power on the Welsh Ministers to make regulations restricting smoking in other premises, and in vehicles; b makes provision for there to be a register of retailers of tobacco and nicotine products in Wales; c confers power on the Welsh Ministers to make regulations specifying offences for the purpose of the making of orders in respect of premises in Wales restricting the sale by retail of tobacco or nicotine products; d makes it an offence for a person to hand over tobacco, cigarette papers or a nicotine product to someone aged under 18 who is not accompanied by an adult, where the tobacco (or the cigarette papers or nicotine product) is being delivered or collected under arrangements made in connection with its sale, and is not in a sealed and addressed package. 4 Part 4 makes provision about licensing the performance in Wales of special procedures (as defined in section 57): see further overview of Part 4 at section 56. 5 Part 5 makes it an offence for a person in Wales to perform, or to make arrangements to perform, an intimate piercing on a person under the age of 18; and defines the term “intimate piercing” by reference to certain body parts. 6 Parts 3 to 5 also contain provision about enforcement, including about offences and powers of entry. 7 Part 6 requires the Welsh Ministers to make regulations requiring public bodies to carry out health impact assessments. 8 Part 7— a requires each Local Health Board in Wales to prepare and publish an assessment of the need for pharmaceutical services in its area, and to have regard to it in considering applications for inclusion in its pharmaceutical list; b confers power on the Welsh Ministers to make regulations about circumstances in which a Local Health Board may invite applications for inclusion in its pharmaceutical list, and may remove a person from its pharmaceutical list. 9 Part 8 requires each local authority to prepare and publish a local toilets strategy which assesses the need for public toilets in its area and sets out steps that the authority proposes to take to meet that need. 10 Part 8 also restates the existing statutory power for a local authority to provide toilets in its area. 11 Part 9 makes provision about the use of fixed penalty receipts in respect of food hygiene rating offences. 12 Part 9 also contains general provisions, including about offences committed by bodies corporate, partnerships and unincorporated associations; about powers to make regulations under the Act; and about the coming into force of the provisions of the Act. PART 2 OBESITY National strategy on preventing and reducing obesity: publication and review 2 1 The Welsh Ministers must publish a national strategy on preventing obesity, and reducing obesity levels, in Wales. 2 The strategy must— a specify objectives the Welsh Ministers consider will, if achieved, contribute towards preventing obesity; b specify objectives the Welsh Ministers consider will, if achieved, contribute towards reducing obesity levels; c identify how the Welsh Ministers propose to achieve the specified objectives. 3 The Welsh Ministers must review the strategy— a at the end of the period of three years beginning with the date of first publication of the strategy, and b at the end of each subsequent period of three years. 4 The Welsh Ministers may revise the strategy at any time. 5 If the Welsh Ministers revise the strategy, they must publish the revised strategy as soon as it is reasonably practicable to do so. 6 The Welsh Ministers must consult such persons as they consider appropriate— a before they first publish the strategy, and b subsequently, before each review under subsection (3). Implementation of national strategy 3 1 The Welsh Ministers must take all reasonable steps to achieve the objectives specified in the most recently published strategy under section 2. 2 Following each review of the strategy under section 2(3) the Welsh Ministers must publish a progress report. 3 A progress report is a report on progress made in achieving objectives specified in the strategy. PART 3 TOBACCO AND NICOTINE PRODUCTS CHAPTER 1 SMOKING Introduction Smoking 4 In this Chapter, references to smoking are to smoking tobacco or anything which contains tobacco, or to smoking any other substance; and smoking includes being in possession of lit tobacco or of anything lit which contains tobacco, or being in possession of any other lit substance in a form in which it could be smoked. Offences Offence of smoking in smoke-free premises or vehicle 5 1 A person commits an offence if the person smokes— a in smoke-free premises; b in a smoke-free vehicle. 2 For provision about smoke-free premises, see sections 7 to 14. 3 For provision about smoke-free vehicles, see section 15. 4 It is a defence for a person charged with an offence under this section to show that the person did not know, and could not reasonably have been expected to know, that the premises or vehicle concerned were smoke-free premises or a smoke-free vehicle. 5 If a person charged with an offence under this section relies on the defence in subsection (4), and evidence is adduced which is sufficient to raise an issue with respect to that defence, the court must assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not. 6 A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 1 on the standard scale. Offence of failing to prevent smoking in smoke-free premises 6 1 A person who controls or is concerned in the management of premises which are smoke-free by virtue of section 7 (workplaces) or 8 (premises that are open to the public) must take reasonable steps to cause a person smoking there to stop smoking. 2 A person who controls or is concerned in the management of premises within section 9(3) (registered day care premises) that are smoke free by virtue of section 9 must take reasonable steps to cause a person smoking there to stop smoking. 3 A person registered to act as a child minder under Part 2 of the Children and Families (Wales) Measure 2010 (nawm 1) must take reasonable steps to cause a person smoking in premises within subsection (4) to stop smoking. 4 Premises are within this subsection if— a they form part of premises that are the usual place of residence of the registered person referred to in subsection (3), and b they are smoke free by virtue of section 9. 5 Regulations may provide for a duty corresponding to that mentioned in subsection (1) in relation to— a premises which are smoke-free by virtue of section 10, 11 or 12, b premises which are treated as smoke-free by virtue of section 13, or c vehicles which are treated as smoke-free by virtue of section 15, to be imposed on a person, or description of person, specified in the regulations. 6 A person who fails to comply with a duty in subsection (1), (2) or (3), or any corresponding duty in regulations under subsection (5), commits an offence. 7 It is a defence for a person (“D”) charged with an offence under this section to show that D did not know, and could not reasonably have been expected to know, that the person in question was smoking. 8 If a person charged with an offence under this section relies on the defence in subsection (7), and evidence is adduced which is sufficient to raise an issue with respect to that defence, the court must assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not. 9 A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 4 on the standard scale. Smoke-free premises Workplaces 7 1 Premises in Wales are smoke-free for the purposes of this Chapter if they are workplaces. 2 A “ workplace ” means premises that are— a used as a place of work by more than one person (even if the persons who work there do so at different times, or only intermittently), or b used as a place of work by no more than one person but where members of the public might attend for the purpose of seeking or receiving goods or services from the person working there (even if members of the public are not always present). 3 If only part of the premises is used as a place of work, the premises are smoke-free by virtue of this section only to that extent. 4 The premises are smoke-free by virtue of this section only in those areas that are enclosed or substantially enclosed. 5 The premises are smoke-free by virtue of this section all the time (including when not used as a place of work), except that premises used to any extent as a dwelling, that are smoke-free by virtue of this section, are smoke-free only when used as a place of work. 6 “Work”, in subsection (2), includes voluntary work. 7 See section 16 for exemptions. Premises that are open to the public 8 1 So far as they are not smoke-free by virtue of section 7 (workplaces), premises in Wales are smoke-free for the purposes of this Chapter if they are open to the public. 2 Premises are open to the public for the purposes of this section if the public or a section of the public has access to them, whether by invitation or not, and whether on payment or not. 3 If only part of the premises is open to the public, the premises are smoke-free by virtue of this section only to that extent. 4 The premises are smoke-free by virtue of this section only in those areas that are enclosed or substantially enclosed. 5 The premises are smoke-free by virtue of this section only when open to the public. 6 See section 16 for exemptions. Outdoor care settings for children 9 1 Outdoor care settings in Wales are smoke free for the purposes of this Chapter. 2 Premises are an outdoor care setting so far as— a they are not enclosed or substantially enclosed, and b they are within subsection (3) or (4). 3 Premises are within this subsection if— a they are registered under Part 2 of the Children and Families (Wales) Measure 2010 (nawm 1) (the “2010 Measure”) as being premises at which a person is authorised to provide day care for children, or b they form part of premises that are so registered. 4 Premises are within this section if they form part of premises (the “domestic premises”) that are the usual place of residence of a person registered to act as a child minder under Part 2 of the 2010 Measure. 5 An outdoor care setting within subsection (3) is smoke free by virtue of this section only when day care for children is being provided— a in the outdoor care setting, or b in premises registered under Part 2 of the 2010 Measure (whether or not enclosed or substantially enclosed) of which the outdoor care setting forms part. 6 An outdoor care setting within subsection (4) is smoke free by virtue of this section only when— a the child minder is acting as a child minder in the domestic premises (whether or not in a part of them that is enclosed or substantially enclosed) for at least one child, and b that child or, as the case may be, at least one of those children is in the outdoor care setting. 7 For the purposes of this section, references to providing day care and acting as a child minder have the same meaning as in the 2010 Measure. 8 Premises are not to be treated as being within subsection (3) or (4) so far as they consist of the grounds of a school (for which see section 10 (school grounds)). School grounds 10 1 Premises in Wales are smoke-free for the purposes of this Chapter so far as they consist of the grounds of a school. 2 In the case of premises consisting of grounds that adjoin the school concerned, the premises are smoke-free by virtue of this section only when either or both of— a the grounds, or any part of the grounds, or b the school, or any part of it, are being used for the purpose of education or childcare. 3 In the case of premises consisting of grounds that do not adjoin the school concerned, the premises are smoke-free by virtue of this section only when the grounds, or any part of the grounds, are being used for the purpose of education or childcare. 4 The grounds of a school, for the purposes of this section, are premises that— a are used exclusively or mainly by the school, for purposes that include educational, sporting or recreational purposes, and b are not enclosed or substantially enclosed. 5 In the case of a school that provides residential accommodation to pupils, the person in charge of the school may designate any area in the grounds as being an area in which smoking is to be permitted, and to that extent the premises are to be treated as not being smoke-free for the purposes of this Chapter. 6 Regulations may make provision— a specifying conditions to be met before an area may be designated under subsection (5), b requiring the keeping of records of designations, and c about the circumstances in which a designation is to cease to have effect. 7 Premises used to any extent as a dwelling are not smoke-free by virtue of this section. Hospital grounds 11 1 Premises in Wales are smoke-free premises for the purposes of this Chapter so far as they consist of hospital grounds. 2 The premises are smoke-free by virtue of this section at all times. 3 The grounds of a hospital, for the purposes of this section, are premises that— a adjoin the hospital, and b are used or occupied by it, but c are not enclosed or substantially enclosed. 4 The person in charge of a hospital may designate any area in the grounds as being an area in which smoking is to be permitted, and to that extent the premises are to be treated as not being smoke-free for the purposes of this Chapter. 5 Regulations may make provision— a specifying conditions to be met before an area may be designated under subsection (4), b requiring the keeping of records of designations, and c about the circumstances in which a designation is to cease to have effect. 6 Premises consisting of an adult care home or of an adult hospice, or premises used to any extent as a dwelling, are not smoke-free by virtue of this section. Public playgrounds 12 1 Premises in Wales are smoke-free premises for the purposes of this Chapter so far as they consist of a public playground. 2 The premises are smoke-free— a if the premises are within clearly marked boundaries, in the whole of the area within those boundaries; b otherwise, only so far as within five metres of any item of playground equipment. 3 The premises are smoke-free by virtue of this section at all times. 4 Premises consist of a public playground for the purposes of this section if— a they are designed or adapted for the use, by children, of one or more items of playground equipment, b a local authority or community council, or a person acting by virtue of arrangements made with a local authority or community council, controls them or is to any extent engaged in their management or maintenance, or makes arrangements in respect of their control or management or maintenance, c they are open to the public, for the purpose (or the primary purpose) of the provision of play facilities for children, and d they are not enclosed or substantially enclosed. Additional smoke-free premises 13 1 Regulations may provide for any place in Wales, or description of place in Wales, that is not smoke-free by virtue of sections 7 to 12 to be treated as smoke-free premises for the purposes of this Chapter. 2 The place, or places falling within the description, need not be enclosed or substantially enclosed. 3 The regulations may provide for a place or description of place to be treated as smoke-free premises only if the Welsh Ministers are satisfied that doing so is likely to contribute towards the promotion of the health of the people of Wales. 4 The regulations may provide for such places, or places falling within the description, to be treated as smoke-free premises only— a in specified circumstances, b at specified times, c if specified conditions are satisfied, or d in specified areas, or any combination of these. 5 The regulations may also provide for exemptions, including the imposition of specified conditions to be satisfied in order for an exemption to apply. 6 The conditions that may be specified under subsection (5) may include a condition that the person in charge of the place, or place falling within the description, has designated, in accordance with the regulations, any areas in which smoking is to be permitted. 7 Regulations under this section may not make provision in respect of premises used wholly or mainly as a dwelling; and to the extent that they make provision for premises used partly as a dwelling to be treated as smoke-free premises, regulations under this section must comply with section 14. Further provision about additional smoke-free premises: dwellings 14 1 Regulations under section 13 that provide for premises used partly as a dwelling to be treated as smoke-free premises for the purposes of this Chapter must comply with the following requirements. 2 The regulations may only make provision in relation to those areas of such premises that are not enclosed or substantially enclosed. 3 The regulations may not provide for those areas to be treated as smoke-free premises unless— a they are workplaces (within the meaning of section 7(2)), or b they are open to the public (within the meaning of section 8(2)). 4 The regulations must provide that— a those areas are to be treated as smoke-free premises only when they are used as a place of work or open to the public, and b if only part of an area is used as a place of work or is open to the public, the area is to be treated as smoke-free only to that extent. Smoke-free vehicles Smoke-free vehicles 15 1 A vehicle in Wales is smoke-free for the purposes of this Chapter if regulations under this section provide for it to be treated as a smoke-free vehicle. 2 The regulations may provide for a vehicle to be treated as a smoke-free vehicle only if the Welsh Ministers are satisfied that doing so is likely to contribute towards the promotion of the health of the people of Wales. 3 The regulations may, among other things, make provision— a for the descriptions of vehicles that are to be treated as smoke-free; b for the circumstances in which vehicles are to be treated as smoke-free (including by reference to the age of any person in the vehicle); c for vehicles to be treated as smoke-free only in specified areas, or except in specified areas; d for exemptions. 4 The power to make regulations under this section may not be exercised so as to provide for a ship or hovercraft within subsection (5) to be treated as a smoke-free vehicle. 5 A ship or hovercraft is within this subsection if regulations could be made in relation to it under section 85 of the Merchant Shipping Act 1995 (c.21) including that section as applied by any Order in Council under section 1(1)(h) of the Hovercraft Act 1968 (c.59). Smoke-free premises: exemptions Smoke-free premises: exemptions 16 1 Regulations may provide for premises— a that would otherwise be smoke-free premises by virtue of section 7 (workplaces) or 8 (premises that are open to the public), and b that are not smoke-free premises by virtue of any other provision of this Chapter, to be treated as not being smoke-free premises for the purposes of this Chapter. 2 The regulations may make provision in relation to specified descriptions of premises or specified areas within specified descriptions of premises. 3 The regulations may provide, in relation to any description of premises or areas of premises specified in the regulations, that the premises or areas are to be treated as not being smoke-free premises— a in specified circumstances, b at specified times, or c if specified conditions are satisfied, or any combination of these. 4 The conditions that may be specified under subsection (3)(c) may include a condition that the person in charge of the premises has designated, in accordance with the regulations, areas in which smoking is to be permitted. Signs Signs: smoke-free premises 17 1 A person who occupies or is concerned in the management of smoke-free premises must make sure that signs are displayed in those premises in accordance with regulations under this subsection. 2 Regulations under subsection (1) may make provision as to how the signs are to be displayed and may specify requirements to which the signs must conform (for example, requirements as to content, size, design, colour or wording). 3 Regulations under this subsection may provide for a duty corresponding to that mentioned in subsection (1) in relation to— a premises which are treated as smoke-free by virtue of section 13, b vehicles which are treated as smoke-free by virtue of section 15, to be imposed on a person, or person of a description, specified in the regulations. 4 Regulations under subsection (1) or (3) may include provision about the signs to be displayed in premises, areas of premises or vehicles that, by virtue of regulations under section 13(5), 15(3)(d) or 16, are to be treated as not being smoke-free, but that would otherwise be smoke-free under or by virtue of this Chapter. 5 A person who fails to comply with the duty in subsection (1), or any corresponding duty in regulations under subsection (3), commits an offence. 6 It is a defence for a person charged with an offence under this section to show— a that the person did not know, and could not reasonably have been expected to know, that the premises were smoke-free (or, as the case may be, that the place or vehicle was to be treated as smoke-free), b that the person did not know, and could not reasonably have been expected to know, that signs complying with the requirements of this section were not being displayed in accordance with the requirements of this section, or c that on other grounds it was reasonable for the person not to comply with the duty. 7 If a person charged with an offence under this section relies on a defence in subsection (6), and evidence is adduced which is sufficient to raise an issue with respect to that defence, the court must assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not. 8 A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale. 9 Regulations under this section may not make provision in respect of premises used to any extent as a dwelling. Enforcement Enforcement authorities 18 1 Each local authority is authorised to act as an enforcement authority in relation to premises, places and vehicles that are within its area. 2 Regulations may make provision for the chief officer of police for a police area, in addition, to be authorised to act as an enforcement authority in relation to vehicles that are in that police area. 3 An enforcement authority must enforce the provisions of this Chapter and regulations made under it as respects the premises, places and vehicles in relation to which, by virtue of this section, it is authorised to act. 4 An enforcement authority may make arrangements with another enforcement authority for a case being dealt with by it in the exercise of its functions for the purposes of this Chapter to be transferred (or further transferred, or transferred back) to, and taken over by that other authority. 5 References in this Chapter to an authorised officer are to any person (whether or not an officer of the enforcement authority) authorised by an enforcement authority for the purposes of this Chapter. Powers of entry 19 1 An authorised officer may enter premises in Wales at any reasonable time if the officer— a has reasonable grounds for believing that an offence under section 5, 6 or 17 has been committed at the premises, and b considers it necessary to enter the premises for the purpose of ascertaining whether such an offence has been committed. 2 But this does not apply in relation to premises used wholly or mainly as a dwelling. 3 An authorised officer may not enter premises by force under this section. 4 An authorised officer must, if asked to do so, before entering premises under this section show evidence of the authorisation referred to in section 18(5). 5 This section applies to a vehicle as if it were premises. Warrant to enter dwelling 20 1 A justice of the peace may exercise the power in subsection (2) in relation to premises in Wales used wholly or mainly as a dwelling if satisfied on sworn information in writing— a that there are reasonable grounds for believing that an offence under section 5 or 6 has been committed at the premises, and b that it is necessary to enter the premises for the purpose of ascertaining whether such an offence has been committed. 2 The justice may issue a warrant authorising an authorised officer to enter the premises, if need be by force. 3 The warrant continues in force until the end of the period of 28 days beginning with the date on which it was issued. 4 This section applies to a vehicle as if it were premises. Warrant to enter other premises 21 1 A justice of the peace may exercise the power in subsection (2) in relation to premises in Wales other than premises used wholly or mainly as a dwelling if satisfied on sworn information in writing— a that there are reasonable grounds for believing that an offence under section 5, 6 or 17 has been committed at the premises, b that it is necessary to enter the premises for the purpose of ascertaining whether such an offence has been committed, and c that a requirement set out in subsection (3) or (4) is met. 2 The justice may issue a warrant authorising an authorised officer to enter the premises, if need be by force. 3 The requirement is that— a a request to enter the premises has been, or is likely to be, refused, and b notice of intention to apply for a warrant under this section has been given to the occupier or a person who reasonably appears to the enforcement authority to be concerned in the management of the premises. 4 The requirement is that requesting to enter the premises, or the giving of notice of intention to apply for a warrant under this section, is likely to defeat the purpose of the entry. 5 The warrant continues in force until the end of the period of 28 days beginning with the date on which it was issued. 6 This section applies to a vehicle as if it were premises. Supplementary provision about powers of entry 22 1 An authorised officer entering premises under section 19, or by virtue of a warrant under section 20 or 21, may take such other persons and such equipment as the officer considers appropriate. 2 If the occupier of premises that an authorised officer is authorised to enter by a warrant under section 20 or 21 is present at the time the authorised officer seeks to execute the warrant— a the occupier must be told the officer's name; b the officer must produce to the occupier documentary evidence that the officer is an authorised officer; c the officer must produce the warrant to the occupier; d the officer must supply the occupier with a copy of it. 3 If premises that an authorised officer is authorised to enter by a warrant under section 20 or 21 are unoccupied, or if the occupier is temporarily absent, then on leaving the premises the officer must leave them as effectively secured against unauthorised entry as when the officer found them. 4 This section applies to a vehicle as if it were premises. Powers of inspection etc. 23 1 An authorised officer entering premises under section 19, or by virtue of a warrant under section 20 or 21, may do any of the following if the officer considers it necessary for the purpose of ascertaining whether an offence under section 5, 6 or 17 has been committed— a carry out inspections and examinations on the premises; b require the production of anything on the premises, inspect it, and take and retain samples of or extracts from it; c take possession of anything on the premises, and retain it for as long as the officer considers necessary for that purpose; d require any person to give information, or afford facilities and assistance with respect to matters within the person's control. 2 If the authorised officer considers it necessary for the purpose of ascertaining whether an offence under section 5, 6 or 17 has been committed, the officer may arrange for anything produced under subsection (1)(b) or anything which the officer has taken possession of under subsection (1)(c) to be analysed. 3 If by virtue of subsection (1)(c) the authorised officer takes anything away from the premises, the officer must leave on the premises from which it was taken a statement— a giving particulars of what has been taken and stating that the officer has taken possession of it, and b identifying the person to whom a request for the return of the property may be made. 4 The powers conferred by this section include the power— a to copy documents found on the premises; b to impose requirements as to how documents are provided (which may include requirements to provide legible copies of documents found on the premises that are stored electronically). 5 For this purpose, “ documents ” includes information recorded in any form; and references to documents found on the premises include— a documents stored on computers or other electronic devices on the premises, and b documents stored elsewhere that can be accessed by computers or other electronic devices on the premises. 6 This section applies to a vehicle as if it were premises. 7 A person is not required by this section to answer any question or produce any document which the person would be entitled to refuse to answer or produce in or for the purposes of proceedings in a court in England and Wales. Obstruction etc. of officers 24 1 Any person who intentionally obstructs an authorised officer exercising functions under sections 19 to 23 commits an offence. 2 Any person who without reasonable cause fails— a to provide an authorised officer with facilities that the authorised officer reasonably requires for the purpose of a requirement under section 23(1), or b to comply with a requirement under section 23(1)(b) or (d), commits an offence. 3 A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale. 4 This section is subject to section 23(7). Retained property: appeals 25 1 A person (“P”) with an interest in anything taken away under section 23(1)(c) (“retained property”) may apply by way of complaint to any magistrates' court for an order requiring it to be released, either to P or another person. 2 If on an application under this section the court is satisfied that the continued retention of the retained property is not necessary for the purpose of ascertaining whether an offence under section 5, 6 or 17 has been committed, it may make an order requiring the release of the retained property. 3 An order under this section may contain whatever provision the court thinks appropriate for delaying its coming into force pending the making and determination of an appeal (including an application under section 111 of the Magistrates' Courts Act 1980 (c.43)). 4 If the court adjourns the hearing of an application under this section, it may make an order in respect of the retained property that lasts until the final hearing of the application or until any further order is made, if it considers it appropriate to do so. 5 Nothing in this section affects any other power of the court to make an order in respect of the retained property, including any power to make an order under section 1 of the Police (Property) Act 1897 (c.30). Appropriated property: compensation 26 1 A person (“P”) with an interest in anything of which an authorised officer of an enforcement authority has taken possession under section 23(1)(c) (“appropriated property”) may apply by way of complaint to any magistrates' court for compensation. 2 Subsection (3) applies if on an application under this section the court is satisfied that— a P has suffered loss or damage in consequence of the authorised officer's taking possession of the appropriated property, or retaining it, in circumstances where doing so was not necessary for the purpose of ascertaining whether an offence under section 5, 6 or 17 had been committed, and b the loss or damage is not attributable to the neglect or default of P. 3 The court may order the enforcement authority to pay compensation to P. Fixed penalty notices 27 1 Where an authorised officer has reason to believe that a person has committed either of the following offences on premises or in a place or vehicle in relation to which the enforcement authority is authorised to act— a an offence under section 5(1); b an offence under section 17(5), the officer may give that person a fixed penalty notice in respect of the offence. 2 Where an authorised officer has reason to believe that a person has committed an offence under section 6(6) in relation to a vehicle being used for the purposes mentioned in subsection (4), in relation to which the enforcement authority is authorised to act, the officer may give that person a fixed penalty notice in respect of the offence. 3 A fixed penalty notice is a notice offering a person the opportunity to discharge any liability to conviction for the offence to which the notice relates by paying a fixed penalty. 4 The purposes are the social, domestic or other private purposes of the person believed by the authorised officer to have committed the offence. 5 In the case of an offence that an authorised officer has reason to believe has been committed by a partnership, the references in subsections (1) and (2) to the person to whom a fixed penalty notice may be given are to be treated as references to the partnership. 6 In the case of an offence that an authorised officer has reason to believe has been committed by an unincorporated association other than a partnership, the references in subsections (1) and (2) to the person to whom a fixed penalty notice may be given are to be treated as references to the association. 7 In this section, “ partnership ” means— a a partnership within the Partnership Act 1890 (c.39), or b a limited partnership registered under the Limited Partnerships Act 1907 (c.24). 8 For further provision about fixed penalties, see Schedule 1. General Interpretation of this Chapter 28 1 In this Chapter— “ adult care home ” (“ cartref gofal i oedolion ”) means premises at which a care home service within the meaning given by paragraph 1 of Schedule 1 to the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2) is provided to persons aged 18 or over; “ adult hospice ” (“ hosbis i oedolion ”) means premises wholly or mainly used for the provision of palliative care to persons aged 18 or over, who are suffering from a progressive disease in its final stages, by or behalf of an establishment the primary function of which is the provision of such care; “ authorised officer ” (“ swyddog awdurdodedig ”) has the meaning given by section 18(5); “ child ” (“ plentyn ”) means a person aged under 18; “ childcare ” (“ gofal plant ”) means (subject to subsection (2)) any form of care for a child, other than care provided for a child by a parent, relative or foster parent of the child, and includes— education for a child, and any other supervised activity for a child; “ enforcement authority ” (“ awdurdod gorfodi ”) is to be interpreted in accordance with section 18; “ hospital ” (“ ysbyty ”) has the meaning given by section 206 of the National Health Service (Wales) Act 2006 (c.42); “ parent ” (“ rhiant ”) includes any person who has parental responsibility (within the meaning of section 3 of the Children Act 1989 (c.41)) for a child; “ playground equipment ” (“ cyfarpar maes chwarae ”) includes (for example) a swing, slide, sand-pit, or ramp, but does not include powered equipment (such as equipment powered by electric motor); “ premises ” (“ mangre ”) includes— any place; a moveable structure other than a vehicle; a stall; a tent; an offshore installation within the meaning given in the Mineral Workings (Offshore Installations) Act 1971 (c.61) (see section 12 of that Act); “ registered pupil ” (“ disgybl cofrestredig ”) has the meaning given by section 434(5) of the Education Act 1996 (c.56); “ relative ” (“ perthynas ”), in relation to a child, means a step-parent, grandparent, aunt, uncle, brother or sister (including any person who is in that relationship by virtue of a marriage or civil partnership or an enduring family relationship); “ school ” (“ ysgol ”) has the meaning given by section 4 of the Education Act 1996 (c.56); “smoking” and “ smokes ” (“ ysmygu ”) are to be read in accordance with section 4; “ vehicle ” (“ cerbyd ”) includes a train, tram, vessel, hovercraft and aircraft; “ Wales ” (“ Cymru ”) has the meaning given by section 158(1) of the Government of Wales Act 2006 (c.32). 2 References in this Chapter to “childcare” do not include— a education (or any other supervised activity) provided by a school during school hours for a registered pupil, or b any form of health care for a child. 3 For the purposes of subsection (1) a person is a foster parent in relation to a child if the person— a is a local authority foster parent (within the meaning given by section 197 of the Social Services and Well-being (Wales) Act 2014 (anaw 4)), or b fosters the child privately. 4 References in this Chapter to a “dwelling” include land enjoyed with premises where the premises themselves constitute a dwelling, unless the land is agricultural land (within the meaning given by section 246 of the Renting Homes (Wales) Act 2016 (anaw 1)) exceeding 0.809 hectares. 5 References in this Chapter, however expressed, to premises or vehicles which are (or are not) smoke-free (or treated as smoke-free), are to those premises or vehicles so far as they are (or are not) smoke-free (or treated as smoke-free) under or by virtue of this Chapter. 6 Premises may be smoke-free by virtue of more than one section in this Chapter. 7 Regulations may specify for the purpose of this Chapter what “enclosed”, “substantially enclosed” and “not enclosed or substantially enclosed” mean. Consequential amendments 29 For amendments consequential on this Chapter, see Schedule 2. CHAPTER 2 RETAILERS OF TOBACCO AND NICOTINE PRODUCTS Register of retailers of tobacco and nicotine products Duty to maintain register of retailers of tobacco and nicotine products 30 1 The registration authority must maintain a register of persons carrying on a tobacco or nicotine business at premises in Wales (“ the register ”). 2 The registration authority for this purpose is a person specified as such in regulations. 3 For the purposes of this Chapter “ tobacco or nicotine business ” means a business involving the sale by retail of tobacco or cigarette papers or nicotine products. 4 Each entry in the register in respect of a person carrying on a tobacco or nicotine business in Wales must state— a the person's name and address; b the address of each of the premises at which a tobacco or nicotine business is carried on by that person; c whether the person is selling— i tobacco or cigarette papers, ii nicotine products, or iii any combination of those items, at those premises; d in the case of premises consisting of a moveable structure, a stall, a tent or a vehicle, the name of each local authority in whose area the business is carried on. 5 For the purpose of subsection (4)(a), a person's name and address is— a in the case of an individual— i the individual's name and, if different, the individual's trading name, and ii the address of the individual's usual place of residence; b in the case of a company— i its name and, if different, its trading name, and ii the address of its registered office; c in the case of a partnership other than a limited liability partnership— i the name of each partner and, if different, the partnership's trading name, and ii the address of each partner's usual place of residence; d in the case of a limited liability partnership— i its registered name and, if different, its trading name, and ii the address of its registered office. 6 The register may include any other information that is information of a description required, by regulations under section 31(3)(b), to be included in an application for registration. 7 For the purposes of this Chapter— a a person is registered if the person's name is entered in the register, and other related expressions are to be construed accordingly; b references to a person's entry in the register are to the entry relating to that person in the register. 8 Regulations under subsection (2) may specify the Welsh Ministers as the registration authority. 9 In the case of premises consisting of a moveable structure, a stall, a tent or a vehicle, the address to be entered in the register in accordance with subsection (4)(a) is to be treated as the address of the premises for the purpose of subsection (4)(b). Application for entry in the register 31 1 An application may be made to the registration authority— a for a person to be registered in respect of the carrying on of a tobacco or nicotine business, or b if the applicant is already a registered person— i to add further premises to the person's entry in the register, or ii in the case of premises consisting of a moveable structure, a stall, a tent or a vehicle, to add another local authority to the person's entry in the register. 2 An application under subsection (1) must— a state the applicant's name and address (for which see section 30(5)); b if the application is made under subsection (1)(a), state the address of each of the premises at which the applicant proposes to carry on a tobacco or nicotine business; c if the application is made under subsection (1)(b)(i), state the address of each of the further premises at which the applicant proposes to carry on a tobacco or nicotine business; d state whether the applicant proposes to sell— i tobacco or cigarette papers, ii nicotine products, or iii any combination of those items, at the premises stated in accordance with paragraph (b) or (c); e state whether the applicant proposes to carry on business in a way that involves the making of arrangements for tobacco, cigarette papers or nicotine products— i to be delivered to premises in Wales, or ii following a sale effected by telephone, the internet or other kind of electronic or other technology, to be collected from premises in Wales; f in the case of premises consisting of a moveable structure, a stall, a tent or a vehicle— i if the application is made under subsection (1)(a), state the name of each local authority in whose area the applicant proposes to carry on the tobacco or nicotine business, and ii if the application is made under subsection (1)(b)(ii), state the name of each additional local authority in whose area the applicant proposes to carry on a tobacco or nicotine business. 3 Regulations may make provision— a about the form of an application under subsection (1) and the way in which it is to be made; b about other information that is to be included in an application (including, in the case of an application by a person who proposes to carry on a tobacco or nicotine business as described in subsection (2)(e), information relating to the nature of the arrangements concerned); c requiring payment of a fee to accompany an application under subsection (1)(a) or (1)(b)(i). 4 Before making regulations under this section, the Welsh Ministers must— a consider whether there are persons who appear to be representative of the interests of those likely to be affected by the regulations (“representative persons”), and b carry out consultation with any representative persons whom the Welsh Ministers consider it appropriate to consult. 5 If the premises at which the applicant proposes to carry on a tobacco or nicotine business consist of a moveable structure, a stall, a tent or a vehicle, the address stated in the application in accordance with subsection (2)(a) is to be stated as the address of the premises for the purpose of subsection (2)(b) and (c). Grant of application 32 1 The registration authority must grant an application made under section 31 unless subsection (2) or (3) applies. 2 The registration authority must not grant the application in so far as it relates to premises specified in the application in respect of which a restricted premises order made under section 12A of the Children and Young Persons Act 1933 (c.12) has effect. 3 The registration authority must not grant the application if a restricted sale order made under section 12B of the Children and Young Persons Act 1933 (c.12) has effect in respect of the applicant. 4 On granting an application made under section 31, the registration authority must make the appropriate entry or amendment to an entry in the register. Duty to give notice of certain changes 33 1 A registered person must give the registration authority notice of any of the following matters— a any change in the person's name or address from that stated in the register in accordance with section 30(4)(a); b any change in what the person is selling from that stated in the person's entry in the register in accordance with section 30(4)(c); c if the person stops carrying on a tobacco or nicotine business at premises stated in the person's entry in the register; d in the case of a tobacco or nicotine business carried on from premises consisting of a moveable structure, a stall, a tent or a vehicle, if the person stops carrying on the business in the area of a local authority stated in the person's entry in the register. 2 A person stops carrying on a business for the purpose of subsection (1)(c) or (d) when that person stops doing so for a continuous period of no less than 28 days. 3 The notification referred to in subsection (1) must be given within a period of 28 days beginning with whichever of the following is applicable— a the date of the change referred to in subsection (1)(a) or (b); b the date on which the registered person stops carrying on the business at the premises in question or in the area of the local authority in question. 4 If a local authority becomes aware of any of the matters referred to in subsection (1)(a) to (d) in respect of a registered person carrying on a tobacco or nicotine business in its area, the local authority must give notice to the registration authority of that matter. Duty to revise the register 34 1 The registration authority must revise the register— a on receiving notice under section 33, to reflect the notice; b to correct any inaccuracies in the register of which it becomes aware otherwise than by receiving notice under section 33. 2 But if the registration authority proposes to revise the register by amending or removing a person's entry, it must give notice of the proposed revision to the person. 3 The notice must give reasons for the proposed revision. 4 The registration authority must not amend or remove a person's entry in the register if the authority is satisfied, on the basis of information provided by the person to the authority within the period mentioned in subsection (5), that the person's entry is accurate. 5 The period is the period of 28 days beginning with the date of the notice given under subsection (2). 6 Regulations may provide for the registration authority to charge a fee in connection with revising the register under this section. Access to the register 35 1 The registration authority must publish a list that sets out the name of each registered person and the address of each of the premises stated in the person's entry in the register as being premises at which a tobacco or nicotine business is carried on. 2 But in respect of a registered person carrying on a tobacco or nicotine business at premises consisting of a moveable structure, a stall, a tent or a vehicle, the list published under subsection (1) must, instead of the address of the premises, set out the name of each local authority stated in the person's entry in the register. 3 The registration authority must also make available to a local authority all other information contained in the register in so far as it relates to premises in the authority's area. Excepted premises 36 The provisions of this Chapter do not apply in relation to a tobacco or nicotine business so far as carried on at premises of a description specified in regulations. Moveable structures etc. 37 Regulations may provide for the application of this Chapter in relation to premises consisting of a moveable structure, a stall, a tent or a vehicle to be subject to such modifications as the Welsh Ministers consider necessary or expedient. Offences Offences 38 1 A person who carries on a tobacco or nicotine business at premises in Wales without being registered commits an offence. 2 A registered person who carries on a tobacco or nicotine business at premises in Wales other than premises stated in the person's entry in the register commits an offence. 3 Subsection (2) does not apply in the case of a tobacco or nicotine business carried on at premises consisting of a moveable structure, a stall, a tent or a vehicle. 4 A registered person who carries on a tobacco or nicotine business at premises consisting of a moveable structure, a stall, a tent or a vehicle in the area of a local authority other than one stated in the person's entry in the register commits an offence. 5 A registered person who fails, without reasonable excuse, to comply with section 33 (duty to notify certain changes) commits an offence. 6 A person guilty of an offence under subsection (1) is liable on summary conviction to a fine. 7 A person guilty of an offence under subsection (2), (4) or (5) is liable on summary conviction to a fine not exceeding level 2 on the standard scale. Enforcement Authorised officers 39 References in this Chapter to an authorised officer are to any person (whether or not an officer of the local authority) authorised by a local authority for the purposes of this Chapter. Powers of entry 40 1 An authorised officer may enter premises in Wales at any reasonable time if the officer— a has reasonable grounds for believing that an offence under section 38(1), (2) or (4) has been committed in the area of the local authority, and b considers it necessary to enter the premises for the purpose of ascertaining whether such an offence has been committed. 2 But this does not apply in relation to premises used wholly or mainly as a dwelling. 3 An authorised officer may not enter premises by force under this section. 4 An authorised officer must, if asked to do so, before entering premises under this section show evidence of the authorisation referred to in section 39. Warrant to enter dwelling 41 1 A justice of the peace may exercise the power in subsection (2) in relation to premises in Wales used wholly or mainly as a dwelling if satisfied on sworn information in writing— a that there are reasonable grounds for believing that an offence under section 38(1), (2) or (4) has been committed in the area of a local authority, and b that it is necessary to enter the premises for the purpose of ascertaining whether such an offence has been committed. 2 The justice may issue a warrant authorising an authorised officer of the local authority to enter the premises, if need be by force. 3 The warrant continues in force until the end of the period of 28 days beginning with the date on which it was issued. Warrant to enter other premises 42 1 A justice of the peace may exercise the power in subsection (4) in relation to premises in Wales other than premises used wholly or mainly as a dwelling if satisfied on sworn information in writing— a that there are reasonable grounds for believing that an offence under section 38(1), (2) or (4) has been committed in the area of a local authority, b that it is necessary to enter the premises for the purpose of ascertaining whether such an offence has been committed, and c that a requirement set out in subsection (2) or (3) is met. 2 The requirement is that— a a request to enter the premises has been, or is likely to be, refused, and b notice of intention to apply for a warrant under this section has been given to the occupier or a person who reasonably appears to the local authority to be concerned in the management of the premises. 3 The requirement is that requesting to enter the premises, or the giving of notice of intention to apply for a warrant under this section, is likely to defeat the purpose of the entry. 4 The justice may issue a warrant authorising an authorised officer of the local authority to enter the premises, if need be by force. 5 The warrant continues in force until the end of the period of 28 days beginning with the date on which it was issued. Supplementary provision about powers of entry 43 1 An authorised officer entering premises under section 40, or by virtue of a warrant under section 41 or 42, may take such other persons and such equipment as the officer considers appropriate. 2 If the occupier of premises that an authorised officer is authorised to enter by a warrant under section 41 or 42 is present at the time the authorised officer seeks to execute the warrant— a the occupier must be told the officer's name; b the officer must produce to the occupier documentary evidence that the officer is an authorised officer; c the officer must produce the warrant to the occupier; d the officer must supply the occupier with a copy of it. 3 If premises that an authorised officer is authorised to enter by a warrant under section 41 or 42 are unoccupied, or if the occupier is temporarily absent, then on leaving the premises the officer must leave them as effectively secured against unauthorised entry as when the officer found them. Powers of inspection etc. 44 1 An authorised officer entering premises under section 40, or by virtue of a warrant under section 41 or 42, may do any of the following if the officer considers it necessary for the purpose of ascertaining whether an offence under section 38(1), (2) or (4) has been committed— a carry out inspections and examinations on the premises; b require the production of anything on the premises, inspect it, and take and retain samples of or extracts from it; c take possession of anything on the premises, and retain it for as long as the officer considers necessary for that purpose; d require any person to give information, or afford facilities and assistance with respect to matters within the person's control. 2 If the authorised officer considers it necessary for the purpose of ascertaining whether an offence under section 38(1), (2) or (4) has been committed, the officer may arrange for anything produced under subsection (1)(b), or of which the officer has taken possession under subsection (1)(c), to be analysed. 3 If by virtue of subsection (1)(c) the authorised officer takes anything away from the premises, the officer must leave on the premises from which it was taken a statement— a giving particulars of what has been taken and stating that the officer has taken possession of it, and b identifying the person to whom a request for the return of the property may be made. 4 The powers conferred by this section include the power— a to copy documents found on the premises; b to impose requirements as to how documents are provided (which may include requirements to provide legible copies of documents found on the premises that are stored electronically). 5 For this purpose, “ documents ” includes information recorded in any form; and references to documents found on the premises include— a documents stored on computers or other electronic devices on the premises, and b documents stored elsewhere that can be accessed by computers or other electronic devices on the premises. 6 A person is not required by this section to answer any question or produce any document which the person would be entitled to refuse to answer or produce in or for the purposes of proceedings in a court in England and Wales. Obstruction etc. of officers 45 1 Any person who intentionally obstructs an authorised officer exercising functions under sections 40 to 44 commits an offence. 2 Any person who without reasonable cause fails— a to provide an authorised officer with facilities that the authorised officer reasonably requires for the purpose of a requirement under section 44(1), or b to comply with a requirement under section 44(1)(b) or (d), commits an offence. 3 A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale. 4 This section is subject to section 44(6). Power to make test purchases 46 An authorised officer may make such purchases and arrangements, and secure the provision of such services, as the officer considers necessary for the purposes of this Chapter. Retained property: appeals 47 1 A person (“P”) with an interest in anything taken away under section 44(1)(c) (“retained property”) may apply by way of complaint to any magistrates' court for an order requiring it to be released, either to P or another person. 2 If on an application under this section the court is satisfied that the continued retention of the retained property is not necessary for the purpose of ascertaining whether an offence under section 38(1), (2) or (4) has been committed, it may make an order requiring the release of the retained property. 3 An order under this section may contain whatever provision the court thinks appropriate for delaying its coming into force pending the making and determination of an appeal (including an application under section 111 of the Magistrates' Courts Act 1980 (c.43)). 4 If the court adjourns the hearing of an application under this section, it may make an order in respect of the retained property that lasts until the final hearing of the application or until any further order is made, if it considers it appropriate to do so. 5 Nothing in this section affects any other power of the court to make an order in respect of the retained property, including any power to make an order under section 1 of the Police (Property) Act 1897 (c.30). Appropriated property: compensation 48 1 A person (“P”) with an interest in anything which an authorised officer of a local authority has taken possession of under section 44(1)(c) (“appropriated property”) may apply by way of complaint to any magistrates' court for compensation. 2 Subsection (3) applies if on an application under this section the court is satisfied that— a P has suffered loss or damage in consequence of the authorised officer's taking possession of the appropriated property, or retaining it, in circumstances where doing so was not necessary for the purpose of ascertaining whether an offence under section 38(1), (2) or (4) had been committed, and b the loss or damage is not attributable to the neglect or default of P. 3 The court may order the local authority to pay compensation to P. Fixed penalty notices 49 1 Where an authorised officer has reason to believe that a person has committed an offence under section 38(2), (4) or (5) in the local authority's area, the officer may give that person a fixed penalty notice in respect of the offence. 2 A fixed penalty notice is a notice offering a person the opportunity to discharge any liability to conviction for the offence to which the notice relates by paying a fixed penalty. 3 In the case of an offence that an authorised officer has reason to believe has been committed by a partnership, the reference in subsection (1) to the person to whom a fixed penalty notice may be given is to be treated as a reference to the partnership. 4 In the case of an offence that an authorised officer has reason to believe has been committed by an unincorporated association other than a partnership, the reference in subsection (1) to the person to whom a fixed penalty notice may be given is to be treated as a reference to the association. 5 In this section, “ partnership ” means— a a partnership within the Partnership Act 1890 (c.39), or b a limited partnership registered under the Limited Partnerships Act 1907 (c.24). 6 For further provision about fixed penalties, see Schedule 1. Interpretation Interpretation of this Chapter 50 1 In this Chapter— “ authorised officer ” (“ swyddog awdurdodedig ”) has the meaning given in section 39; “ limited liability partnership ” (“ partneriaeth atebolrwydd cyfyngedig ”) means a limited liability partnership formed under the Limited Liability Partnerships Act 2000 (c.12); “ premises ” (“ mangre ”) includes any place and any moveable structure, stall, tent or vehicle (other than a train, vessel, aircraft or hovercraft); “ the register ” (“ y gofrestr ”) means the register maintained under section 30(1); “ registered ” (“ cofrestredig” and “wedi ei gofrestru ”) has the meaning given in section 30(7); “ registration authority ” (“ awdurdod cofrestru ”) means the person specified in regulations made under section 30(2); “ tobacco ” (“ tybaco ”) includes cigarettes, any product containing tobacco and intended for oral or nasal use, and smoking mixtures intended as a substitute for tobacco; and “ cigarette ” (“ sigarét ”) includes cut tobacco rolled up in paper, tobacco leaf, or other material in such form as to be capable of immediate use for smoking; “ tobacco or nicotine business ” (“ busnes tybaco neu nicotin ”) has the meaning given in section 30(3); “ trading name ” (“ enw masnachu ”) means a name under which a person carries on a tobacco or nicotine business. 2 “Nicotine product”, for the purposes of this Chapter, means a product or description of product specified in regulations, but the following are not to be treated as being nicotine products— a tobacco; b cigarette papers; c any device which is intended to be used for the consumption of lit tobacco. CHAPTER 3 PROHIBITION ON SALE OF TOBACCO AND NICOTINE PRODUCTS Restricted premises orders: tobacco or nicotine offence 51 In section 12D of the Children and Young Persons Act 1933 (c.12), after subsection (1) insert— 1A In section 12A a “tobacco or nicotine offence” also means an offence specified in regulations made by the Welsh Ministers which is committed on any premises in Wales (which are accordingly “the premises in relation to which the offence is committed”). 1B An offence may be specified in regulations under subsection (1A) only if— a the Welsh Ministers are satisfied that the offence is one that relates to the supply, sale, transport, display, offer for sale, advertising or possession of tobacco or nicotine products, and b in the case of an offence that is triable only summarily, it is punishable by a fine of an amount corresponding to, or greater than, level 4 on the standard scale. 1C Regulations under subsection (1A) may include incidental, consequential or transitional provision. 1D Before making regulations under subsection (1A), the Welsh Ministers must— a consider whether there are persons who appear to be representative of the interests of those likely to have an interest in the regulations (“representative persons”), and b carry out consultation with any representative persons whom the Welsh Ministers consider it appropriate to consult. 1E The power of the Welsh Ministers to make regulations under subsection (1A) is exercisable by statutory instrument. 1F A statutory instrument containing regulations made by the Welsh Ministers under subsection (1A) may not be made unless a draft of the instrument has been laid before, and approved by resolution of, the National Assembly for Wales. CHAPTER 4 HANDING OVER TOBACCO ETC. TO PERSONS UNDER 18 Offence of handing over tobacco etc. to persons under 18 52 1 A person (“A”) commits an offence if— a in connection with arrangements under section 53, A hands over in Wales tobacco, cigarette papers or nicotine products to a person aged under 18 (“B”), b the handing over does not take place either— i in the course of B's trade, profession, business or employment, or ii in the presence of another person who is aged 18 or over, c at the time of the handing over, A knows that tobacco or cigarette papers or nicotine products (whichever is the case) are being handed over, and d when handed over, the tobacco, cigarette papers or nicotine products are not contained in a package that— i is sealed, and ii has an address on it, for the purpose of its delivery to that address in accordance with arrangements within section 53. 2 “Package” in subsection (1)(d) means a package in addition to the original package in which the tobacco, cigarette papers or nicotine products were supplied for the purpose of retail sale by their manufacturer or importer. 3 A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 4 on the standard scale. 4 Where a person (“the accused”) is charged with an offence under this section by reason of the accused's own conduct (and otherwise than by virtue of section 44 of the Magistrates' Courts Act 1980 (c.43) (aiders and abettors)) it is a defence for the accused to show— a that the accused believed, when the handing over took place, that the person to whom the tobacco, cigarette papers or nicotine products were handed over, or another person present at the time of the handing over, was aged 18 or over, and b either— i that the accused had taken reasonable steps to establish the age of that person, or ii that nobody could reasonably have suspected from that person's appearance that the person was aged under 18. 5 For the purposes of subsection (4)(b), the accused is to be treated as having taken reasonable steps to establish the age of a person if— a the accused asked that person for evidence of that person's age, and b the evidence would have convinced a reasonable person. 6 Where a person is charged with an offence under this section by reason of the act or default of another person, or by virtue of the application of section 44 of the Magistrates' Courts Act 1980 (c.43) (aiders and abettors), it is a defence to show that the person took reasonable precautions and exercised due diligence to avoid committing the offence. 7 In this section, “ employment ” means any employment, whether paid or unpaid, and includes— a work under a contract for services or as an office holder, and b work experience provided pursuant to a training course or programme or in the course of training for employment. Arrangements in connection with handing over tobacco etc. 53 1 Arrangements are within this section if, in relation to the handing over of tobacco, cigarette papers or nicotine products— a they are arrangements for the tobacco, cigarette papers or nicotine products to be delivered to premises in Wales, and b they are made in connection with the sale of the tobacco, cigarette papers or nicotine products concerned. 2 Arrangements are also within this section if, in relation to the handing over of tobacco, cigarette papers or nicotine products— a they are arrangements for the tobacco, cigarette papers or nicotine products to be collected from premises in Wales, and b they are made in connection with the sale of the tobacco, cigarette papers or nicotine products concerned. 3 But subsection (2) applies only where the sale concerned is effected by telephone, the internet or any other kind of electronic or other technology. Enforcement 54 In section 5 of the Children and Young Persons (Protection from Tobacco) Act 1991 (c.23) (enforcement action by local authorities in England and Wales), in subsection (1)(a), after “persons under 18)” insert “ , and in the case of a local authority in Wales, section 52 of the Public Health (Wales) Act 2017 (offence of handing over tobacco etc. to persons under 18) ” . Interpretation of this Chapter 55 In this Chapter— “ nicotine product ” (“ cynnyrch nicotin ”) means a nicotine product the sale of which is for the time being prohibited in respect of the person to whom it is handed over by regulations under section 92 of the Children and Families Act 2014 (c.6) (prohibition of sale of products to persons under 18); “ tobacco ” (“ tybaco ”) includes cigarettes, any product containing tobacco and intended for oral or nasal use, and smoking mixtures intended as a substitute for tobacco; and “ cigarette ” (“ sigarét ”) includes cut tobacco rolled up in paper, tobacco leaf, or other material in such form as to be capable of immediate use for smoking. PART 4 SPECIAL PROCEDURES Introduction Overview of this Part 56 1 This Part provides that certain individuals who perform special procedures (see section 57) in Wales are required to be licensed to do so by a local authority unless they are exempt (see section 60). 2 Section 62 makes provision for criteria that are to be met for an application for a licence to be granted. 3 Section 63 makes provision about the conditions to which a licence will be subject. 4 Sections 65 to 68 set out the procedure for applying for a licence and for revoking a licence; and section 75 provides that a local authority must maintain a register of those individuals who are licensed. 5 Sections 69 to 74 make provision about approval of premises at which, or a vehicle in which, a special procedure is performed. 6 Section 76 enables a local authority to charge fees in relation to special procedure licences and approvals of premises and vehicles. 7 Sections 77 to 81 make provision about notices that may be served by a local authority in the case of a breach of the requirements of this Part, about compliance with notices and about appeals. 8 Section 82 makes provision about offences under this Part. 9 Sections 83 to 90 make general provision about the powers of local authorities to enforce the requirements of this Part, and sections 91 and 92 make provision about property retained under this Part. Meaning of special procedure What is a special procedure? 57 Each of the following is a special procedure for the purposes of this Part— a acupuncture; b body piercing; c electrolysis; d tattooing. Performance of special procedure: licensing requirement Requirement for individual performing special procedure to be licensed 58 1 The following requirements apply in respect of the performance of a special procedure in Wales. 2 An individual who performs a special procedure on someone else in the course of a business must do so under the authority of a special procedure licence, unless the individual performing the procedure is exempt from the requirement to be licensed in respect of that procedure. 3 An individual designated under section 61 who performs a special procedure on someone else must do so under the authority of a special procedure licence, whether or not the procedure is performed in the course of a business. 4 For provision about exemption from the requirement to be licensed, see section 60. General provision about special procedure licences 59 1 A special procedure licence is a licence issued by a local authority under this Part. 2 For the purposes of this Part, a special procedure licence authorises the performance in Wales by the licence holder of the special procedure (or those special procedures) specified in the licence. 3 But a licence is not to be treated for the purposes of this Part as authorising the performance of a special procedure at premises or in a vehicle in Wales either occupied by, or to any extent under the management or control— a of the individual performing the procedure (“P”), or b where P performs the procedure under a contract of service or apprenticeship, or a contract for services with another person (“E”), of E, unless the conditions in subsection (4) are met. 4 The conditions are that the premises or vehicle— a are identified in the licence, and b are approved under section 70 in respect of the procedure. 5 But subsection (3) does not apply if, by virtue of regulations under section 69(8), the requirement in section 69(2) (procedure to be carried on only in approved premises or vehicle) does not apply in respect of the premises or vehicle concerned. 6 The period during which a special procedure licence authorises the performance of a special procedure is to be specified in the licence, and must be either— a a period of no more than seven days, beginning with a date specified in the licence, or b a period of three years, beginning with the date of the issue of the licence. 7 For provision about applications for special procedure licences, and about varying, renewing and revoking special procedure licences, see Schedule 3. 8 In this Part— a references to the licence period, in relation to a special procedure licence, are to the period during which the licence authorises the performance of a special procedure; b references to the licence holder, in relation to a special procedure licence, are to the individual to whom the licence is issued; c references to a temporary licence are to a licence that authorises the performance of a special procedure for a period of no more than seven days. Exemption from requirement to be licensed Exempted individuals 60 1 An individual who is a member of a profession within subsection (2) is to be treated as being exempt from the requirement to be licensed in respect of each special procedure other than any special procedure that is specified for this purpose in or under regulations in respect of members of that profession. 2 A profession within this subsection is one that is regulated by a body mentioned in paragraphs (a) to (ga) of section 25(3) of the National Health Service Reform and Health Care Professions Act 2002 (c.17). 3 Regulations may provide that an individual— a who is a member of a profession that is not within subsection (2) but which is specified in or under the regulations, or who is a worker of a description specified in or under the regulations, and b who is registered, in the capacity of a member of that profession or a worker of that description, in a qualifying register, is to be treated as being exempt from the requirement to be licensed in respect of whatever special procedure is specified for this purpose, in or under the regulations, in respect of members of that profession or workers of that description. 4 Each of the following is a qualifying register— a a register maintained by the Health and Care Professions Council that is specified in or under regulations; b a voluntary register that is— i accredited by the Professional Standards Authority for Health and Social Care under section 25G of the National Health Service Reform and Health Care Professions Act 2002 (c.17), and ii specified in or under regulations. 5 Regulations under this section may make different provision for different purposes including (among other things) in respect of different descriptions of individual. Designation for purposes of licensing requirement Designation of individual for the purposes of section 58(3) 61 1 If the condition in subsection (2) is met, a local authority may give notice under this subsection to an individual (“P”), designating P for the purposes of section 58(3) in respect of a special procedure specified in the notice. 2 The condition is that the authority is satisfied that— a P is likely to perform the procedure on someone else in Wales, b the procedure as likely to be so performed by P presents or could present significant risk of harm to human health, and c in order to remove or reduce that risk, it is appropriate to subject P to the requirement in section 58(3). 3 Notice under subsection (1) must— a explain why the authority has decided to designate P, b specify the date beginning with which the designation is to take effect, and c prohibit P from performing the special procedure in question, as from the beginning of that date, otherwise than under the authority of a special procedure licence. 4 The notice must also state— a that P may appeal under paragraph 18 of Schedule 3 against the decision, and b the period within which an appeal may be brought. 5 The date specified under subsection (3)(b) may be the date of the notice, or a subsequent date. 6 References in this Part to a special procedure in respect of which an individual is designated are to the procedure specified in the notice under this section designating the individual. 7 A local authority may withdraw a designation under subsection (1). 8 If a local authority withdraws the designation of an individual under subsection (1), it must give the individual notice of this, specifying— a the reasons for the withdrawal; b the date with the expiry of which the withdrawal is to take effect. 9 If a designation of an individual under subsection (1) in respect of a special procedure is withdrawn, the prohibition imposed under subsection (3)(c) in respect of that procedure ceases to have effect with the expiry of the date specified under subsection (8)(b). Licensing criteria and mandatory licensing conditions Licensing criteria 62 1 Regulations must set out criteria that must be met on an application by an individual (an “applicant”) for a special procedure licence in order for the application to be granted (“licensing criteria”). 2 The licensing criteria specified in the regulations must be such as to require the applicant to demonstrate knowledge of— a infection control and first aid, in the context of the special procedure to which the application relates; b duties imposed, under or by virtue of this Part, on a person authorised by a special procedure licence to perform the special procedure to which the application relates. 3 The licensing criteria may also (among other things) relate to— a an individual's eligibility for a licence (including by reference to, among other things, standards of competence); b the premises or vehicle at or in which the performance of a special procedure is to be authorised, or at or in which equipment or material used in a special procedure is to be stored or prepared (including, among other things, facilities available there and standards of hygiene); c equipment to be used in, or in connection with, the performance of a special procedure. 4 Regulations may require a local authority not to issue or renew a licence unless premises or a vehicle identified in the application have been inspected in accordance with the regulations for the purpose of determining compliance with licensing criteria. 5 Regulations under this section may make different provision for different purposes, including (among other things) in respect of— a different descriptions of premises and vehicles; b different descriptions of special procedure; c different circumstances in which a special procedure is performed (including by reference to, among other things, the frequency or regularity with which a special procedure is performed, the duration of any period during which a special procedure is performed, and whether a special procedure is performed on a peripatetic basis, on a fixed site basis, on a mobile basis, on a temporary basis, or otherwise). Mandatory licensing conditions 63 1 Regulations must set out mandatory licensing conditions that are to apply to special procedure licences. 2 The mandatory licensing conditions specified in the regulations must include conditions imposing requirements in connection with— a the verification of the age of an individual on whom a special procedure is to be performed; b infection control, standards of hygiene, and first aid; c consultation to be carried out before and after a special procedure is performed; d record keeping. 3 The conditions specified in the regulations must also include a condition prohibiting the performance of a special procedure in circumstances where the individual on whom the procedure would otherwise be performed is, or appears to be, intoxicated, whether by virtue of drink, drugs or any other means. 4 Mandatory licensing conditions may also make further provision relating to (among other things)— a the premises or vehicle at or in which a special procedure is to be performed, or at or in which equipment or material used in a special procedure is to be stored or prepared (including, among other things, facilities and equipment available there, and cleaning and maintenance); b the way in which a special procedure is to be performed (including by reference to, among other things, equipment used in, or in connection with, its performance, and protective clothing); c standards of competence relevant to performing a special procedure (including standards specified by reference to, among other things, qualifications or experience), or performing a special procedure upon a specified part of an individual's body; d information to be provided by a licence holder (whether by display or otherwise), and to a licence holder, before and after a special procedure is performed; e displaying a licence; f information to be provided to a local authority in the case of the conviction of a licence holder for a relevant offence; g circumstances in which an application for variation of a licence is to be made; h the return of a licence, on its expiry, to the authority by which it was issued. 5 Regulations under this section may make different provision for different purposes, including (among other things) in respect of— a different descriptions of premises and vehicles; b different descriptions of special procedure; c different circumstances in which a special procedure is performed (including by reference to, among other things, the frequency or regularity with which a special procedure is performed, the duration of any period during which a special procedure is performed, and whether a special procedure is performed on a peripatetic basis, on a fixed site basis, on a mobile basis, on a temporary basis, or otherwise). 6 Each special procedure licence is to be subject to the applicable mandatory licensing conditions. 7 The applicable mandatory licensing conditions, in relation to a special procedure licence, are the mandatory licensing conditions applying in respect of the licence concerned as at the date of its issue under this Part. Consultation about licensing criteria and mandatory licensing conditions 64 Before making regulations under section 62 or 63, the Welsh Ministers must— a consider whether there are persons who appear to be representative of the interests of those likely to be affected by the regulations (“representative persons”), and b carry out consultation with any representative persons whom the Welsh Ministers consider it appropriate to consult. Issuing a special procedure licence Mandatory grant or refusal of application for special procedure licence 65 1 This section applies where an application for the issue of a special procedure licence authorising the performance of a special procedure is made to a local authority in accordance with Schedule 3. 2 If the authority is not satisfied that all of the applicable licensing criteria are met in respect of the performance of the procedure, on the basis specified in the application and at or in any premises or vehicle specified in the application, the authority must give the applicant notice that the application is refused so far as it relates to the performance of that procedure on that basis and at or in the premises or vehicle. 3 If the authority is satisfied that all of the applicable licensing criteria are met in respect of the performance of the procedure, on the basis specified in the application and at or in any premises or vehicle specified in the application, the authority must issue a special procedure licence to the applicant authorising the performance of the procedure on that basis and at or in the premises or vehicle. 4 The applicable licensing criteria, in relation to a special procedure specified in an application, are the licensing criteria applying to the performance of the procedure on the basis specified in the application. Discretion to grant application for special procedure licence 66 1 The requirement to issue a special procedure licence in section 65(3) does not apply in the case of an applicant who has been convicted of a relevant offence. 2 For the purpose of determining whether an applicant has been convicted of a relevant offence, a conviction is to be taken to include a conviction by or before a court outside England and Wales; and references in this Part to a conviction, or to a person's having been convicted of an offence, are to be interpreted accordingly. 3 If the local authority is satisfied as described in section 65(3) in respect of an application, but the applicant has been convicted of a relevant offence, the authority must decide whether the applicant's fitness to perform a procedure to which the application relates has been called into question to such an extent that it would be inappropriate to issue the licence in respect of the performance of that procedure. 4 In reaching its decision, the authority must have regard to— a the nature and circumstances of the offence, and b guidance issued by the Welsh Ministers under subsection (11). 5 If the local authority decides that the applicant's fitness has not been called into question as described in subsection (3) in respect of the performance of a procedure specified in the application, it must issue the licence in respect of the performance of that procedure. 6 If the local authority decides that the applicant's fitness has been called into question as described in subsection (3) in respect of the performance of a procedure specified in the application— a it must not issue the licence in respect of the performance of that procedure, and b it must give notice to the applicant that the application is refused so far as it relates to the performance of that procedure. 7 But subsection (6) is subject to the requirements set out in paragraphs 15 and 16 of Schedule 3. 8 For the purposes of this Part, each of the following is a relevant offence— a an offence under this Part or under Part 5 (intimate piercing); b an offence (whether under the law of England and Wales or elsewhere) that— i involves violence, ii is of a sexual nature, or relates to sexual material or images, iii consists of tattooing a child under the age of 18, iv relates to health and safety at work, or v consists of a failure to comply with a requirement of a scheme for licensing or otherwise permitting or regulating the performance of an activity which is a special procedure for the purposes of this Act. 9 But a conviction for a relevant offence is to be disregarded for the purposes of this Part if it is spent for the purposes of the Rehabilitation of Offenders Act 1974 (c.53). 10 Regulations may amend subsection (8) by adding, varying or removing a description of offence. 11 The Welsh Ministers must give guidance to local authorities about matters to be taken into account in deciding whether, and, if so, to what extent, an applicant's fitness to perform a special procedure has been called into question. Grant or refusal of application for renewal 67 Sections 65, 66 and 68 apply for the purposes of an application to renew a special procedure licence as if that application were an application for the issue of a licence. Revoking a special procedure licence Revocation of special procedure licence 68 1 If a local authority is satisfied that the conditions in subsection (2), (3) or (4) are met, it may give notice to a licence holder— a revoking a special procedure licence issued by it to the licence holder, or b revoking a special procedure licence issued by it to the licence holder in so far as it authorises the performance of a particular special procedure. 2 The conditions are— a that the licence holder has failed to comply with an applicable mandatory licensing condition, and b that the non-compliance presents, or could present, significant risk of harm to human health. 3 The conditions are— a that the licence holder has been convicted of an offence that is a relevant offence (and which was a relevant offence as at the date on which the licence in question was issued), b that the licence was issued to the licence holder without regard having been had by the local authority to the nature and circumstances of that offence, as described in section 66, either because the local authority was unaware of the conviction, or because the conviction did not precede the issue of the licence, and c that, had the authority had regard to the nature and circumstances of that offence, as described in section 66, for the purposes of the issue of the licence, the licence would either not have been issued at all (in the case of revocation as described in subsection (1)(a)), or would not have been issued in so far as it relates to the performance of a particular procedure (in the case of revocation as described in subsection (1)(b) in respect of the performance of that procedure). 4 The conditions are— a that the licence holder made a statement that was false or misleading in connection with an application for the issue, variation or renewal of a special procedure licence, and b had the authority known that the statement was false or misleading, the licence would either not have been issued at all (in the case of revocation as described in subsection (1)(a)), or would not have been issued in so far as it relates to the performance of a particular procedure (in the case of revocation as described in subsection (1)(b)). 5 A revocation under this section has effect— a with the expiry of the period for bringing an appeal under Schedule 3 in respect of the revocation expires, if no appeal is brought under that Schedule within that period; b with the date of the withdrawal of any appeal or further appeal brought in respect of the revocation, or the date of final determination of any unsuccessful appeal or further appeal brought in respect of the revocation, where the appeal or further appeal has been brought under Schedule 3 and no further appeal under that Schedule is available; c with the expiry of the period for bringing a further appeal under Schedule 3, where an appeal brought under Schedule 3 in respect of the revocation is withdrawn or unsuccessful, and a further appeal under Schedule 3 is available but is not brought within that period. 6 For the purposes of subsection (5)(b) and (c) above, an appeal is brought under Schedule 3 if it is brought within the period provided for in that Schedule for bringing an appeal of the type concerned. 7 For provision about the procedure for revocations, see Schedule 3. Approved premises and vehicles Performance of special procedure in course of business: approval requirement 69 1 A person carrying on a business in the course of which a special procedure is performed must comply with the requirements in subsections (2) and (3). 2 The first requirement is to ensure that the procedure, so far as carried on in the course of the business— a in the case of a special procedure performed at premises, is performed at premises approved under section 70 in respect of the procedure; b in the case of a special procedure performed in a vehicle, is performed in a vehicle approved under section 70 in respect of the procedure. 3 The second requirement is to ensure compliance with the applicable mandatory conditions of approval. 4 The applicable mandatory conditions of approval, for this purpose, are the mandatory approval conditions to which approval of the premises or vehicle concerned is subject. (For mandatory approval conditions, see section 70(3).) 5 Subsections (6) and (7) apply in the case of an exhibition, entertainment or other event— a to which members of the public have access, and b at which a special procedure is performed by a person in the course of a business. 6 The person who organises the exhibition, entertainment or event is to be treated for the purposes of this section as carrying on a business in the course of which the special procedure is performed. 7 The premises at which the exhibition, entertainment or event is held are to be treated for the purposes of this section as being the premises at which the special procedure is performed in the course of that business. 8 Regulations— a may provide that either or both of the requirements in subsections (2) and (3) do not apply in respect of a description of premises, or vehicle, specified in the regulations; b may provide for any one or more of subsections (5) to (7) to apply with modifications, or not to apply, in respect of a description of person, or a description of premises or vehicle, specified in the regulations. 9 For the purposes of subsection (8), premises or vehicles may be described by reference to any of the following (among other things)— a the persons by whom they are managed or controlled; b the nature of activities carried on at or in them (including, among other things, the range of special procedures performed at or in them); c the different circumstances in which a special procedure is performed at or in them (including by reference to, among other things, the frequency or regularity with which a special procedure is performed at or in them, the duration of any period during which a special procedure is performed at or in them, and whether a special procedure is performed at or in them on a peripatetic basis, on a fixed site basis, on a mobile basis, on a temporary basis, or otherwise); d the number of individuals by whom special procedures are performed at or in them. 10 For the purposes of this section and section 70, an individual designated under section 61 in respect of a special procedure is to be treated as carrying on a business in the course of which that procedure is performed. Approval of premises and vehicles in respect of performance of special procedure 70 1 A local authority may, on an application to it by a person carrying on a business in the course of which a special procedure is or is likely to be performed in its area, by issuing a certificate under this section (an “approval certificate”), approve in respect of the special procedure premises or a vehicle that are within subsection (2). 2 Premises or a vehicle are within this subsection if— a in the case of premises, they are in the area of the local authority; b in the case of a vehicle, the local authority considers that the vehicle is, or is likely to be, driven, used or kept in the area of the local authority. 3 Regulations must make provision— a for criteria that must be met for an application for approval to be granted; b for circumstances in which an application for approval is to be granted; c for conditions (“mandatory approval conditions”) to which an approval under this section is to be subject; d about appealing against refusal of an application for approval. 4 The mandatory approval conditions may, among other things, include conditions relating to the inspection of premises and vehicles approved under this section, and the display of an approval certificate. 5 An approval certificate must specify a period for which, in the absence of any previous expiry under section 72 or 73, the approval to which it relates is to have effect, being either— a a period of no more than seven days, beginning with the date on which the approval certificate is issued (the “approval date”), or b a period of three years, beginning with the approval date. 6 Unless it previously ceases to have effect under section 72 or 73, approval under this section ceases to have effect with the expiry of that period. 7 Regulations may make provision about— a the way in which applications for approval are to be made and dealt with (including for the payment of a fee in respect of an application, and for inspections to be carried out before an approval is granted); b circumstances in which an application for approval must not be granted, or may be granted at the discretion of the authority to which the application is made; c the renewal of approval; d the variation of approval. 8 Regulations making provision as described in subsection (7)(a) may include (among other things)— a provision about how a local authority is to determine the amount of a fee payable in respect of an application; b provision about the consequences of failure to comply with a requirement to pay a fee (including provision permitting the local authority to decline to proceed with the application). 9 Regulations under this section may make different provision for different purposes, including (among other things) in respect of— a different descriptions of premises and vehicles; b different descriptions of special procedure; c different circumstances in which a special procedure is performed (including by reference to, among other things, the frequency or regularity with which a special procedure is performed at premises or in a vehicle, the duration of any period during which a special procedure is performed at premises or in a vehicle, and whether a special procedure is performed on a peripatetic basis, on a fixed site basis, on a mobile basis, on a temporary basis, or otherwise). Approval certificates 71 1 An approval certificate must state— a the approval date; b the special procedure in respect of which the premises (or vehicle) concerned are approved; c the date with the expiry of which the approval will, unless it previously ceases to have effect under section 72 or 73, expire under section 70(6). 2 In the case of approval of premises, an approval certificate must also state the address of the premises. 3 In the case of approval of a vehicle, an approval certificate must also— a if the vehicle has a registration number, state that number; b if the vehicle does not have a registration number, identify the vehicle in whatever way the authority issuing the certificate considers appropriate. 4 Regulations may make further provision about the form and content of approval certificates. 5 In this section, “ approval date ” has the same meaning as in section 70(5). Voluntary termination of approval 72 1 Where a person on whose application a local authority has approved premises or a vehicle under section 70, in respect of a special procedure, wishes the approval to cease to have effect, the person may give notice to that effect to the authority. 2 The notice must state the date with the expiry of which approval is to cease to have effect. 3 Subject to any earlier expiry under section 70(6) or 73, the approval ceases to have effect with the expiry of the date specified in the notice. 4 An authority to which notice under this section is given must take reasonable steps for bringing the notice to the attention of any persons the authority thinks likely to be affected by the notice. 5 Regulations may make further provision about notice under this section, including (among other things) about information to be included in the notice. Revocation of approval 73 1 If a local authority is satisfied that both of the conditions in subsection (2) are met, it may give notice to a person (“P”) on whose application premises or a vehicle have been approved under section 70 by the authority, revoking the approval of the premises or vehicle under that section in respect of a special procedure specified in the notice. 2 The conditions are— a that the mandatory approval conditions that apply in respect of the premises or vehicle have not been complied with, and b that the non-compliance presents, or could present, significant risk of harm to human health. 3 Paragraphs 15 to 21 of Schedule 3 apply in respect of a revocation under this section as if the revocation were a revocation under section 68 (revocation of special procedure licence) and for this purpose references in those paragraphs— a to a licence holder, are to be treated as references to P; b to notice given under section 68, are to be treated as references to notice under subsection (1); c to functions under section 68, are to be treated as references to functions under this section. 4 Revocation under this section has effect— a with the expiry of the period for bringing an appeal under Schedule 3 in respect of the revocation expires, if no appeal is brought under that Schedule within that period; b with the date of the withdrawal of any appeal or further appeal brought in respect of the revocation, or the date of final determination of any unsuccessful appeal or further appeal brought in respect of the revocation, where the appeal or further appeal has been brought under Schedule 3 and no further appeal under that Schedule is available; c with the expiry of the period for bringing a further appeal under Schedule 3, where an appeal brought under Schedule 3 in respect of the revocation is withdrawn or unsuccessful, and a further appeal under Schedule 3 is available but is not brought within that period. Revocation of approval: notification requirements 74 1 A local authority that gives notice under one of the provisions specified in subsection (2) to a person in respect of a revocation, or a proposed revocation, of approval under section 70 must take reasonable steps for bringing the notice to the attention of any persons the authority thinks likely to be affected by the notice. 2 The provisions are section 73 and paragraph 15(3) or 17 of Schedule 3 (as applied by section 73(3)). Register of special procedure licences and approved premises and vehicles Duty to maintain register of special procedure licences and approved premises and vehicles 75 1 A local authority must maintain and publish a register of— a the special procedure licences issued by it that have not yet ceased to have effect, and b the premises and vehicles currently approved by it under section 70. 2 Each entry in the register in respect of a licence must record— a the name of the licence holder; b the date on which the licence was issued; c the procedure the performance of which is authorised by the licence; d the licence period; e in the case of a licence authorising the performance of a procedure at premises within section 59(3), the address of the premises at which the performance of the procedure is authorised; f in the case of a licence authorising the performance of a procedure in a vehicle within section 59(3) that has a registration number, the registration number of the vehicle; g in the case of a licence authorising the performance of a procedure in a vehicle within section 59(3) that does not have a registration number, whatever identifying details of the vehicle the authority considers appropriate. 3 Each entry in the register in respect of approved premises or a vehicle must record— a the name of the person on whose application the approval was granted; b in the case of an entry in respect of premises, the address of the premises; c in the case of an entry in respect of a vehicle that has a registration number, the registration number of the vehicle; d in the case of an entry in respect of a vehicle that does not have a registration number, whatever identifying details of the vehicle the authority considers appropriate; e the procedure in respect of which the approval applies; f the date on which the approval was granted; g the duration of the approval. 4 The register may also include any other information that the authority maintaining it considers appropriate. 5 The Welsh Ministers may arrange for the duties imposed on local authorities by this section to be discharged by means of a central register kept by a local authority appointed pursuant to the arrangements. 6 The Welsh Ministers may require local authorities to participate in and contribute towards the cost of any arrangements made under subsection (5). 7 The requirements that may be imposed on an authority under subsection (6) may include (among other things) a requirement to share information with the authority appointed to keep the central register. 8 For the purposes of this section, a “central register” is a register covering the areas of each local authority. Fees Fees 76 1 A local authority that has issued a special procedure licence may charge the licence holder a fee, either periodically or otherwise, for so long as the licence continues to have effect. 2 A local authority that has approved premises or a vehicle under section 70 may charge the person on whose application the approval was granted a fee, either periodically or otherwise, for so long as the approval continues to have effect. 3 The amount of a fee charged by a local authority under this section is to be determined by the authority, having regard to the costs incurred or expected to be incurred by the authority in connection with this Part. 4 Regulations may make provision about the way in which (subject to subsection (3)) a local authority is to determine the amount of the fee. 5 Regulations may make other provision in respect of fees charged under this section, including (among other things) in connection with— a the way in which a fee is to be paid; b repayment of a fee (or a proportion of it) in cases of overpayment; c recovery of a fee due to an authority and unpaid. Stop notices Stop notices 77 1 This section applies if a local authority is satisfied— a that an individual is performing a special procedure in the authority's area in breach of section 58(2) or (3) (requirement to be licensed), or b that a person is carrying on a business, in the course of which a special procedure is performed in its area, in breach of the requirement in section 69(2) (approval requirement). 2 The authority may give notice under this section to that individual or person (who is referred to in this section as “ P ”). 3 Notice given under this section is referred to in this Part as a stop notice. 4 A stop notice must state that the local authority is satisfied that P is in breach of (as the case may be) section 58(2) or (3) or the requirement in section 69(2), and— a in a case where the local authority is satisfied as mentioned in subsection (1)(a), prohibit the performance of the procedure concerned by P anywhere in Wales, as from a date specified in the notice, otherwise than under the authority of a special procedure licence; b in a case where the local authority is satisfied as mentioned in subsection (1)(b), prohibit the performance anywhere in Wales of the special procedure concerned in the course of the business carried on by P, as from a date specified in the notice, otherwise than at premises or in a vehicle approved under section 70. 5 A stop notice must also state— a that P may appeal under section 81 against the notice, and b the period within which an appeal may be brought. Remedial action notices Special procedure licences: licence holder remedial action notices 78 1 If a local authority by which a special procedure licence authorising the performance of a special procedure was issued is satisfied that the licence holder is in breach of an applicable mandatory licensing condition, it may give notice under this section to the licence holder. 2 Notice given under this section is referred to in this Part as a licence holder remedial action notice. 3 A licence holder remedial action notice must— a state that the local authority is satisfied that the licence holder is in breach of an applicable mandatory licensing condition; b specify the matters giving rise to the breach; c specify steps to be taken by the licence holder in order to secure compliance with the applicable mandatory licensing conditions; d specify a period (the “compliance period”) of not less than 14 days beginning with the date of the notice during which those steps are to be taken. 4 A licence holder remedial action notice must also state— a that the licence holder may appeal under section 81 against the notice, and b the period within which an appeal may be brought. 5 If the authority is satisfied that the breach of the condition presents, or could present, significant risk of harm to human health, the licence holder remedial action notice may also prohibit the performance of the procedure by the licence holder until the steps specified under subsection (3)(c) have been taken. 6 The prohibition may relate to the performance of the procedure by the licence holder in an area in Wales that is specified in the notice, or to its performance by the licence holder anywhere in Wales. 7 Where a licence holder remedial action notice has been given to a licence holder, no proceedings for an offence under section 82 are to be instituted during the compliance period in respect of— a the breach that gave rise to the notice, or b any continuation of that breach. 8 If the steps specified in a licence holder remedial action notice are taken during the compliance period, no proceedings for an offence under section 82 are to be instituted in respect of— a the breach that gave rise to the notice, or b any continuation of that breach prior to the taking of the steps specified in the notice. 9 But nothing in subsection (7) or (8) prevents proceedings for an offence under section 82 being instituted, at any time, in respect of the breach of a prohibition on the performance of a procedure that is included in a licence holder remedial action notice under subsection (5). Approved premises and vehicles: premises remedial action notices 79 1 If a local authority that has approved premises or a vehicle under section 70 is satisfied that a person is in breach of the requirement in section 69(3) (compliance with applicable mandatory conditions of approval) in respect of the premises or vehicle, it may give notice under this section to the person. 2 Notice given under this section to a person (“P”) is referred to in this Part as a premises remedial action notice. 3 A premises remedial action notice must— a state that the local authority is satisfied that P is in breach of the requirement in section 69(3); b specify the matters giving rise to the breach; c specify steps to be taken by P in order to secure compliance with the requirement; d specify a period (the “compliance period”) of not less than 14 days beginning with the date of the notice during which those steps are to be taken. 4 A premises remedial action notice must also state— a that P may appeal under section 81 against the notice, and b the period within which an appeal may be brought. 5 If the authority is satisfied that the breach of the requirement presents, or could present, significant risk of harm to human health, the premises remedial action notice may also prohibit the performance of a special procedure, until the steps specified under subsection (3)(c) have been taken, at the premises or (as the case may be) in the vehicle to which the notice relates. 6 No proceedings for an offence under section 82 are to be instituted against P during the compliance period in respect of— a the breach that gave rise to the notice, or b any continuation of that breach. 7 If the steps specified in a premises remedial action notice are taken during the compliance period, no proceedings for an offence under section 82 are to be instituted against P in respect of— a the breach that gave rise to the notice, or b any continuation of that breach prior to the taking of the steps specified in the notice. 8 But nothing in subsection (6) or (7) prevents proceedings for an offence under section 82 being instituted, at any time, in respect of the breach of a prohibition on the performance of a procedure that is included in a premises remedial action notice under subsection (5). 9 If a premises remedial action notice given to a person prohibits the performance of a special procedure as described in subsection (5), the authority by which it was given must take reasonable steps for bringing the notice to the attention of any persons the authority thinks likely to be affected by the notice. Completion certificate 80 1 This section and section 81 apply where a local authority has given notice under section 78 or 79 to a person (“P”). 2 If the authority is satisfied that P has taken the steps specified in the notice, the authority must give a certificate to that effect to P (a “completion certificate”) discharging the notice. 3 P may at any time apply to the authority for a completion certificate. 4 The application— a is to be made in whatever way the authority may require, and b is to include whatever information the authority may require. 5 If a local authority refuses an application under subsection (3), it must give P notice that the application is refused. 6 The notice must— a set out the authority's reasons for refusing the application, b state that P may appeal under section 81 against the decision, and c specify the period within which an appeal may be brought. 7 A local authority that gives a certificate or notice under this section must take reasonable steps for bringing the certificate or notice to the attention of any persons the authority thinks likely to be affected by it. Appeals against stop notices and remedial action notices Appeals 81 1 A person (“P”) may appeal to a magistrates' court— a against notice given to P under section 77; b against notice given to P under section 78 or 79; c if P is given notice under section 80(5), against the refusal of P's application for a completion certificate. 2 An appeal is to be made within the period of 21 days beginning with the date of the notice concerned. 3 An appeal is to be by way of complaint for an order, and in accordance with the Magistrates' Courts Act 1980 (c.43). 4 For the purposes of the time limit for making an appeal, the making of the complaint is to be treated as the making of the appeal. 5 On an appeal, the magistrates' court may— a confirm the notice or refusal; b in the case of an appeal against a notice given to P under section 77, 78 or 79, quash or vary the notice; c in the case of an appeal against a refusal of an application for a completion certificate, quash the refusal; d in any case, remit the case to the local authority to dispose of in accordance with directions given by the court; and may make such order as to costs as it thinks fit. 6 Where on an appeal under this section a magistrates' court quashes or varies a notice given to P by a local authority, or quashes the refusal of an application for a completion certificate, it may order the local authority to compensate P for loss suffered as the result of the service of the notice or (as the case may be) the refusal. 7 An appeal by either party against the decision of a magistrates' court on an appeal under this section may be brought to the Crown Court. 8 On an appeal to the Crown Court, the Crown Court may— a confirm, vary or reverse the magistrates' court's decision; b remit the case to the magistrates' court or the local authority to dispose of in accordance with directions given by the Crown Court. 9 The bringing of an appeal under this section against a notice given by a local authority does not suspend the effect of the notice. Offences relating to licensing and approval system Offences 82 1 A person who contravenes section 58 (licensing requirement) commits an offence. 2 A person who contravenes a prohibition specified, under section 61(3)(c), in notice given under section 61(1) (designation of person for purposes of section 58(3)) commits an offence. 3 A person who, without reasonable cause, contravenes the requirement in section 69(2) (approval requirement) commits an offence. 4 A person who, without reasonable cause, contravenes a notice under section 77 (stop notices) commits an offence. 5 A person who, without reasonable cause, contravenes a notice under section 78 (licence holder remedial action notices) commits an offence. 6 A person who, without reasonable cause, contravenes a notice under section 79 (premises remedial action notice) commits an offence. 7 A person who, in an application for the issue, variation or renewal of a special procedure licence or for approval of premises or a vehicle under section 70— a makes a statement that is false or misleading, and b either knows, or is reckless as to whether, it is false or misleading, commits an offence. 8 In subsection (7), “ false or misleading ” means false or misleading in a material particular. 9 A person who commits an offence under this section is liable on summary conviction to a fine. Enforcement Authorised officers 83 References in sections 84 to 92 to an authorised officer are to any person (whether or not an officer of the local authority) authorised to exercise functions of a local authority under or by virtue of this Part, either— a by the authority, or b by any person with whom the authority has entered into arrangements for that person to exercise functions of the authority under this Part. Powers of entry etc. 84 1 An authorised officer may, if the officer considers it necessary for the purpose of the exercise of the local authority's functions under or by virtue of this Part, at any reasonable time enter any premises that are within subsection (4). 2 But this does not apply in relation to premises used wholly or mainly as a dwelling. 3 An authorised officer may not enter premises by force under this section. 4 Premises are within this subsection if the officer has reason to believe that— a a special procedure has been, is being, or is likely to be performed at the premises, or b material or equipment intended for use in, or in connection with, the performance of a special procedure is stored or prepared at the premises. 5 An authorised officer must, if asked to do so, before entering premises under this section show evidence of the authorisation referred to in section 83. 6 This section applies to a vehicle as if it were premises. Warrant to enter dwelling 85 1 A justice of the peace may exercise the power in subsection (3) if satisfied on sworn information in writing that, for the purpose of the exercise of a local authority's functions under or by virtue of this Part, it is necessary to enter premises that— a are used wholly or mainly as a dwelling, but b are within subsection (2). 2 Premises are within this subsection if there is reason to believe that— a a special procedure has been, is being, or is likely to be performed at the premises, or b material or equipment intended for use in, or in connection with, the performance of a special procedure is stored or prepared at the premises. 3 The justice may issue a warrant authorising an authorised officer of the authority to enter the premises, if need be by force. 4 The warrant continues in force until the end of the period of 28 days beginning with the date on which it was issued. 5 This section applies to a vehicle as if it were premises. Warrant to enter other premises 86 1 A justice of the peace may exercise the power in subsection (2) if satisfied on sworn information in writing— a that, for the purpose of the exercise of a local authority's functions under or by virtue of this Part, it is necessary to enter premises that are not used wholly or mainly as a dwelling, and b that a requirement set out in one or more of subsections (3) to (6) is met. 2 The justice may issue a warrant authorising an authorised officer of the authority to enter the premises, if need be by force. 3 The requirement is that— a a request to enter the premises has been, or is likely to be, refused, and b notice of intention to apply for a warrant under this section has been given to the occupier or a person who reasonably appears to the local authority to be concerned in the management of the premises. 4 The requirement is that requesting to enter the premises, or the giving of notice of intention to apply for a warrant under this section, is likely to defeat the purpose of the entry. 5 The requirement is that the premises are unoccupied. 6 The requirement is that— a the occupier of the premises is temporarily absent, and b awaiting the occupier's return is likely to defeat the purpose of the entry. 7 The warrant continues in force until the end of the period of 28 days beginning with the date on which it was issued. 8 This section applies to a vehicle as if it were premises. Supplementary provision about powers of entry 87 1 An authorised officer entering premises by virtue of section 84, or by virtue of a warrant under section 85 or 86, may take such other persons and such equipment as the officer considers appropriate. 2 If the occupier of premises that an authorised officer is authorised to enter by a warrant under section 85 or 86 is present at the time the authorised officer seeks to execute the warrant— a the occupier must be told the officer's name; b the officer must produce to the occupier documentary evidence that the officer is an authorised officer; c the officer must produce the warrant to the occupier; d the officer must supply the occupier with a copy of it. 3 If premises that an authorised officer is authorised to enter by a warrant under section 85 or 86 are unoccupied, or if the occupier is temporarily absent, then on leaving the premises the officer must leave them as effectively secured against unauthorised entry as when the officer found them. 4 This section applies to a vehicle as if it were premises. Powers of inspection etc. 88 1 An authorised officer entering premises under section 84, or by virtue of a warrant under section 85 or 86, may do any of the following if the officer considers it necessary for the purpose of the exercise of the authority's functions under or by virtue of this Part— a carry out inspections and examinations on the premises; b require the production of anything on the premises, inspect it, and take and retain samples of or extracts from it; c take possession of anything on the premises, and retain it for as long as the officer considers necessary for that purpose; d require any person to give information, or afford facilities and assistance with respect to matters within the person's control. 2 If the authorised officer considers it necessary for the purpose of the exercise of the local authority's functions under or by virtue of this Part, the officer may arrange for anything produced under subsection (1)(b), or of which the officer has taken possession under subsection (1)(c), to be analysed. 3 If by virtue of subsection (1)(c) the authorised officer takes anything away from the premises, the officer must leave on the premises from which it was taken a statement— a giving particulars of what has been taken and stating that the officer has taken possession of it, and b identifying the person to whom a request for the return of the property may be made. 4 The powers conferred by this section include the power— a to copy documents found on the premises; b to impose requirements as to how documents are provided (which may include requirements to provide legible copies of documents found on the premises that are stored electronically). 5 For this purpose, “ documents ” includes information recorded in any form; and references to documents found on the premises include— a documents stored on computers or other electronic devices on the premises, and b documents stored elsewhere that can be accessed by computers or other electronic devices on the premises. 6 A person is not required by this section to answer any question or produce any document which the person would be entitled to refuse to answer or produce in or for the purposes of proceedings in a court in England and Wales. 7 This section applies to a vehicle as if it were premises. Obstruction etc. of officers 89 1 Any person who intentionally obstructs an authorised officer exercising functions under sections 84 to 88 commits an offence. 2 Any person who without reasonable cause fails— a to provide an authorised officer with facilities that the authorised officer reasonably requires for the purpose of a requirement under section 88(1), or b to comply with a requirement under section 88(1)(b) or (d), commits an offence. 3 A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale. 4 This section is subject to section 88(6). Power to make test purchases 90 An authorised officer may make such purchases and arrangements, and secure the provision of such services, as the officer considers necessary for the purpose of the exercise of the local authority's functions under or by virtue of this Part. Retained property: appeals 91 1 A person (“P”) with an interest in anything taken away under section 88(1)(c) by an authorised officer of a local authority (“retained property”) may apply by way of complaint to any magistrates' court for an order requiring it to be released, either to P or another person. 2 If, on an application under this section, the court is satisfied that the continued retention of the retained property is not necessary for the purpose of the exercise of the authority's functions under or by virtue of this Part, it may make an order requiring the release of the retained property. 3 An order under this section may contain whatever provision the court thinks appropriate for delaying its coming into force pending the making and determination of an appeal (including an application under section 111 of the Magistrates' Courts Act 1980 (c.43)). 4 If the court adjourns the hearing of an application under this section, it may make an order in respect of the retained property that lasts until the final hearing of the application or until any further order is made, if it considers it appropriate to do so. 5 Nothing in this section affects any other power of the court to make an order in respect of the retained property, including any power to make an order under section 1 of the Police (Property) Act 1897 (c.30). Appropriated property: compensation 92 1 A person (“P”) with an interest in anything of which an authorised officer of a local authority has taken possession under section 88(1)(c) (”appropriated property”) may apply by way of complaint to any magistrates' court for compensation. 2 Subsection (3) applies if, on an application under this section, the court is satisfied that— a P has suffered loss or damage in consequence of the authorised officer's taking possession of the appropriated property, or retaining it, in circumstances where doing so was not necessary for the purpose of the exercise of the local authority's functions under or by virtue of this Part, and b the loss or damage is not attributable to the neglect or default of P. 3 The court may order the local authority to pay compensation to P. Amendment of meaning of special procedure Power to add or remove special procedures 93 1 Regulations may amend section 57 by— a adding or removing a type or description of procedure to or from the list in that section, or b varying a reference in that section to a type or description of procedure. 2 For this purpose a procedure may be described by reference to (among other things)— a the description of individual by whom it is carried out; b the description of individual on whom it is carried out. 3 The power to add a type or description of procedure to the list in section 57 by regulations under this section is to be exercised in respect of a procedure only if the Welsh Ministers consider— a that the procedure is one that is capable of being performed for aesthetic purposes, or for purposes that the Welsh Ministers consider to be therapeutic, and b that its performance for those purposes is capable of causing harm to human health. 4 Before making regulations under this section, the Welsh Ministers must— a consider whether there are persons who appear to be representative of the interests of those likely to be affected by the regulations (“representative persons”), and b carry out consultation with any representative persons whom the Welsh Ministers consider it appropriate to consult. 5 Regulations under this section may make amendments to this Part that are consequential upon the amendment to section 57 effected by the regulations. Interpretation Interpretation of this Part 94 1 In this Part— “ acupuncture ” (“ aciwbigo ”) means the insertion of needles into an individual's tissue for remedial or therapeutic purposes, but excluding the insertion of needles into tissue for the purpose of injecting any substance; “ applicable mandatory licensing conditions ” (“ amodau trwyddedu mandadol cymwys ”) has the meaning given in section 63(7); “ approval certificate ” (“ tystysgrif gymeradwyo ”) has the meaning given in section 70; “ authorised officer ” (“ swyddog awdurdodedig ”) has the meaning given in section 83; “ body piercing ” (“ tyllu'r corff ”) means the perforation of an individual's skin or mucous membrane, with a view to enabling— jewellery, or an object of a description prescribed in or under regulations, to be attached to, implanted in, or removed from the individual's body; “ completion certificate ” (“ tystysgrif gwblhau ”) has the meaning given in section 80; “ electrolysis ” (“ electrolysis ”) means the removal of an individual's body hair by passing an electric current through the root by means of an inserted needle or probe; “ licence holder ” (“ deiliad trwydded ”) has the meaning given in section 59(8); “ licence period ” (“ cyfnod y drwydded ”) has the meaning given in section 59(8); “ licensing criteria ” (“ meini prawf trwyddedu ”) has the meaning given in section 62; “ mandatory approval conditions ” (“ amodau cymeradwyo mandadol ”) has the meaning given in section 70; “ premises ” (“ mangre ”) includes any place or moveable facility (but does not include a vehicle); “ relevant offence ” (“ trosedd berthnasol ”) means an offence listed in section 66(8); “ special procedure ” (“ triniaeth arbennig ”) has the meaning given in section 57; “ special procedure licence ” (“ trwydded triniaeth arbennig ”) has the meaning given in section 59; “ tattooing ” (“ tatŵio ”) means the insertion into punctures made in an individual's skin, or mucous membrane, of any colouring material designed to leave a semi-permanent or permanent mark (including micro pigmentation); “ temporary licence ” (“ trwydded dros dro ”) has the meaning given in section 59; “ vehicle ” (“ cerbyd ”) includes— a trailer, a semi-trailer, or other thing that is designed or adapted to be towed by another vehicle; anything on a vehicle; a detachable part of a vehicle; a container or other structure designed or adapted to be carried by or on another vehicle. 2 For the purposes of the definition of “body piercing” in subsection (1), the reference to perforating an individual's skin or mucous membrane includes a reference to breaching the integrity of the skin or mucous membrane in any way, including (among other things) by way of puncture or incision. 3 Regulations under subsection (1) may prescribe an object or description of object by reference to (among other things) the part of the body on which the perforation is performed. 4 For the purposes of this Part— a a special procedure is performed on a fixed site basis if it is performed at premises that— i are either occupied by, or to any extent under the management or control of, the individual performing the procedure (“P”), or ii where P performs the procedure under a contract of service or apprenticeship, or a contract for services, with another person (“E”), are either occupied by, or to any extent under the management or control of, E; b a special procedure is performed on a mobile basis if it is performed in a vehicle; c a special procedure is performed on a peripatetic basis if it is performed at various different premises that are not within paragraph (a)(i) or (ii); d a special procedure is performed on a temporary basis if— i it is performed in the course of an entertainment, exhibition or other event, to which members of the public have access, and ii the period during which it is performed at that entertainment, exhibition or event does not exceed seven days. 5 In this Part, references to harm to human health include (among other things) references to— a harm to an individual's physical health arising through (among other things)— i physical injury, ii exposure to any form of infection or contamination, or iii engendering or increasing susceptibility to any form of infection or contamination; b harm to an individual's mental health. PART 5 INTIMATE PIERCING Offences related to intimate piercing Offence of performing or making arrangements to perform an intimate piercing on a child 95 1 It is an offence for a person in Wales to— a perform an intimate piercing on a person who is under the age of 18, or b make arrangements to perform an intimate piercing, in Wales, on a particular person who is under the age of 18. 2 A person guilty of an offence under this section is liable on summary conviction to a fine. 3 Where a person (“the accused”) is charged with an offence under this section by reason of the accused's own conduct (and otherwise than by virtue of the application of section 44 of the Magistrates' Courts Act 1980 (c.43) (aiders and abettors)) it is a defence for the accused to show— a that the accused believed that the person on whom the piercing referred to in subsection (1)(a) was performed, or in respect of whom the arrangements referred to in subsection (1)(b) were made, was aged 18 or over, and b either— i that the accused had taken reasonable steps to establish the age of that person, or ii that nobody could reasonably have suspected from that person's appearance that the person was under the age of 18. 4 For the purposes of subsection (3)(b)(i), the accused (in the case of an offence under subsection (1)(a)) is to be treated as having taken reasonable steps to establish the age of another person if— a the accused asked that person for evidence of that person's age, and b the evidence would have convinced a reasonable person. 5 Where a person is charged with an offence under this section by reason of the act or default of another person, or by virtue of the application of section 44 of the Magistrates' Courts Act 1980 (c.43) (aiders and abettors), it is a defence to show that the person took reasonable precautions and exercised due diligence to avoid committing the offence. What is an intimate piercing? 96 1 For the purposes of section 95, an intimate piercing is a body piercing performed on an intimate body part listed in subsection (2), where performed otherwise than in the course of a medical procedure. 2 The intimate body parts are the— a anus; b breast (including the nipple and areola); c buttock; d natal cleft; e penis (including the foreskin); f perineum; g pubic mound; h scrotum; i tongue; j vulva. 3 In this section “body piercing”has the meaning given in section 94. 4 For the purposes of this section a medical procedure is a procedure carried out by a registered medical practitioner, registered nurse or registered midwife, for the purposes of, or in connection with— a the diagnosis, prevention, monitoring, treatment or alleviation of disease, ill-health, disability, or other physical or mental abnormality, or b birth control. Enforcement Enforcement action by local authorities 97 1 A local authority may— a bring prosecutions in respect of offences in its area under section 95; b investigate complaints in respect of alleged offences in its area under section 95; c take any other steps with a view to reducing the incidence of offences under section 95 in its area. 2 A local authority must— a consider, at least once in every period of twelve months, the extent to which it is appropriate for the authority to carry out in its area a programme of enforcement action in relation to section 95, and b to the extent that it considers it appropriate to do so, carry out such a programme. 3 For the purposes of subsection (2), a programme of enforcement action in relation to section 95 is a programme involving the taking of all or any of the steps referred to in subsection (1). 4 For the purpose of the exercise of its functions under subsection (2), a local authority must carry out such consultation as it considers appropriate with the chief officer of police for a police area any part of which falls within the area of the local authority. Authorised officers 98 References in this Part to an authorised officer are to any person (whether or not an officer of the local authority) authorised by a local authority for the purposes of this Part. Powers of entry 99 1 A constable or authorised officer may enter premises at any reasonable time if the constable or authorised officer— a has reasonable grounds for believing that an offence under section 95 has been committed, and b considers it necessary to enter the premises for the purpose of ascertaining whether such an offence has been committed. 2 But this does not apply in relation to premises used wholly or mainly as a dwelling. 3 A person referred to in subsection (1) may not enter premises by force under this section. 4 An authorised officer must, if asked to do so, before entering premises under this section show evidence of the authorisation referred to in section 98. 5 In this section and in sections 100 to 103, “ premises ” includes any place and any vehicle (other than an aircraft or hovercraft), stall or moveable structure. Warrant to enter dwelling 100 1 A justice of the peace may exercise the power in subsection (2) in relation to premises in Wales used wholly or mainly as a dwelling if satisfied on sworn information in writing— a that there are reasonable grounds for believing than an offence under section 95 has been committed, and b that it is necessary to enter the premises for the purpose of ascertaining whether such an offence has been committed. 2 The justice may issue a warrant authorising a constable or authorised officer to enter the premises, if need be by force. 3 The warrant continues in force until the end of the period of 28 days beginning with the date on which it was issued. Warrant to enter other premises 101 1 A justice of the peace may exercise the power in subsection (2) in relation to premises in Wales other than premises used wholly or mainly as a dwelling if satisfied on sworn information in writing— a that there are reasonable grounds for believing that an offence under section 95 has been committed, b that it is necessary to enter the premises for the purpose of ascertaining whether such an offence has been committed, and c that a requirement set out in one or more of subsections (3) to (6) is met. 2 The justice may issue a warrant authorising a constable or authorised officer to enter the premises, if need be by force. 3 The requirement is that— a a request to enter the premises has been, or is likely to be, refused, and b notice of intention to apply for a warrant under this section has been given to the occupier or a person who reasonably appears to the justice of the peace to be concerned in the management of the premises. 4 The requirement is that requesting to enter the premises, or the giving of notice of intention to apply for a warrant under this section, is likely to defeat the purpose of the entry. 5 The requirement is that the premises are unoccupied. 6 The requirement is that— a the occupier of the premises is temporarily absent, and b awaiting the occupier's return is likely to defeat the object of the entry. 7 The warrant continues in force until the end of the period of 28 days beginning with the date on which it was issued. Supplementary provision about powers of entry 102 1 A person entering premises by virtue of section 99, or by virtue of a warrant under section 100 or 101, may take such other persons and such equipment as the person considers appropriate. 2 If the occupier of premises that a person is authorised to enter by a warrant under section 100 or 101 is present at the time the person seeks to execute the warrant— a the occupier must be told the person's name; b if not a constable in uniform, the person must produce to the occupier documentary evidence that the person is a constable or authorised officer; c the person must produce the warrant to the occupier; d the person must supply the occupier with a copy of it. 3 If premises that a person is authorised to enter by a warrant under section 100 or 101 are unoccupied, or if the occupier is temporarily absent, then on leaving the premises the person must leave them as effectively secured against unauthorised entry as when the person found them. Powers of inspection etc. 103 1 A constable or authorised officer entering premises under section 99, or by virtue of a warrant under section 100 or 101, may do any of the following if the constable or authorised officer considers it necessary for the purpose of ascertaining whether an offence under section 95 has been committed— a carry out inspections and examinations on the premises; b require the production of anything on the premises, inspect it, and take and retain samples of or extracts from it; c take possession of anything on the premises, and retain it for as long as the constable or authorised officer considers necessary for that purpose; d require any person to give information, or afford facilities and assistance with respect to matters within the person's control. 2 If by virtue of subsection (1)(c) a constable or authorised officer takes anything away from the premises, the constable or authorised officer must leave on the premises from which it was taken a statement— a giving particulars of what has been taken and stating that the constable or officer has taken possession of it, and b identifying the person to whom a request for the return of the property may be made. 3 The powers conferred by this section include the power— a to copy documents found on the premises; b to impose requirements as to how documents are provided (which may include requirements to provide legible copies of documents found on the premises that are stored electronically). 4 For this purpose, “ documents ” includes information recorded in any form; and references to documents found on the premises include— a documents stored on computers or other electronic devices on the premises, and b documents stored elsewhere that can be accessed by computers or other electronic devices on the premises. 5 A person is not required by this section to answer any question or produce any document which the person would be entitled to refuse to answer or produce in or for the purposes of proceedings in a court in England and Wales. Obstruction etc. of constable or officer 104 1 Any person who intentionally obstructs a constable or authorised officer exercising functions under sections 99 to 103 commits an offence. 2 Any person who without reasonable cause fails— a to provide a constable or authorised officer with facilities that the constable or authorised officer reasonably requires for the purpose of a requirement under section 103(1), or b to comply with a requirement under section 103(1)(b) or (d), commits an offence. 3 A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale. 4 This section is subject to section 103(5). Power to make test purchases 105 An authorised officer may make such purchases and arrangements, and secure the provision of such services, as the officer considers necessary for the purpose of the exercise of the local authority's functions under or by virtue of this Part. Retained property: appeals 106 1 A person (“P”) with an interest in anything taken away under section 103(1)(c) (“retained property”) may apply by way of complaint to any magistrates' court for an order requiring it to be released, either to P or another person. 2 If, on an application under this section, the court is satisfied that the continued retention of the retained property is not necessary for the purpose of ascertaining whether an offence under section 95 has been committed, it may make an order requiring the release of the retained property. 3 An order under this section may contain whatever provision the court thinks appropriate for delaying its coming into force pending the making and determination of an appeal (including an application under section 111 of the Magistrates' Courts Act 1980 (c.43)). 4 If the court adjourns the hearing of an application under this section, it may make an order in respect of the retained property that lasts until the final hearing of the application or until any further order is made, if it considers it appropriate to do so. 5 Nothing in this section affects any other power of the court to make an order in respect of the retained property, including any power to make an order under section 1 of the Police (Property) Act 1897 (c.30) (power to make orders with respect to property in possession of police). Appropriated property: compensation 107 1 A person (“P”) with an interest in anything of which an authorised officer or a constable (“an enforcement officer”) has taken possession under section 103(1)(c) (“appropriated property”) may apply by way of complaint to any magistrates' court for compensation. 2 Subsection (3) applies if, on an application under this section, the court is satisfied that— a P has suffered loss or damage in consequence of the enforcement officer's taking possession of the appropriated property, or retaining it, in circumstances where doing so was not necessary for the purpose of ascertaining whether an offence under section 95 had been committed, and b the loss or damage is not attributable to the neglect or default of P. 3 The court may order compensation to be paid to P— a where the enforcement officer is an authorised officer of a local authority, by the local authority, or b where the enforcement officer is a constable, by the chief constable of the police force of which the constable is a member. 4 The reference in subsection (3) to a “police force” is to a police force for an area that is a police area for the purposes of section 1 of the Police Act 1996 (c.16). PART 6 HEALTH IMPACT ASSESSMENTS Requirement to carry out health impact assessments 108 1 Regulations must make provision about the carrying out of health impact assessments by public bodies. 2 A health impact assessment is an assessment of the likely effect, both in the short term and in the long term, of a proposed action or decision on the physical and mental health of the people of Wales or of some of the people of Wales. 3 The regulations must specify— a the circumstances in which a public body must carry out a health impact assessment; b the way in which a health impact assessment is to be carried out. 4 The regulations may require the Public Health Wales National Health Service Trust to give assistance to another public body carrying out a health impact assessment. 5 The regulations may make provision about how the assistance is to be given, including (among other things) about when it is to be given. 6 The regulations may make provision which applies subject to exceptions specified in the regulations. 7 Before making regulations under this section, the Welsh Ministers must— a consider whether there are persons who appear to be representative of the interests of those likely to be affected by the regulations (“representative persons”), and b carry out consultation with any representative persons whom the Welsh Ministers consider it appropriate to consult. Health impact assessments: publication and taking into account 109 1 Where a public body has carried out a health impact assessment in accordance with regulations under section 108 it must— a publish the assessment, and b take the assessment into account when exercising those functions in connection with which the assessment was carried out. 2 When taking the assessment into account, the public body must act in accordance with the sustainable development principle. 3 For the purpose of subsection (2), the reference to acting in accordance with the sustainable development principle is to be construed in accordance with section 5 of the Well-being of Future Generations (Wales) Act 2015 (anaw 2). 4 Regulations may make provision about publishing assessments, including (among other things) about when assessments are to be published. Meaning of “public body” 110 1 For the purposes of sections 108 and 109, each of the following persons is a “public body”— a the Welsh Ministers; b a local authority; c a Local Health Board; d the following National Health Service Trusts— i Public Health Wales; ii Velindre; e a National Park authority for a National Park in Wales; f a Welsh fire and rescue authority; g the Natural Resources Body for Wales; h the Commission for Tertiary Education and Research ; i the Arts Council of Wales; j the Sports Council for Wales; k the National Library of Wales; l the National Museum of Wales. 2 Regulations may amend subsection (1) by— a adding a person, b removing a person, or c amending a reference to a person. 3 But the regulations may not amend subsection (1) by adding a person unless that person exercises functions of a public nature. 4 If the regulations amend subsection (1) so as to add a person who has functions of a public nature and other functions, sections 108 and 109 apply to that person only in relation to those of its functions which are of a public nature. 5 In this section— “ Local Health Board ” (“ Bwrdd Iechyd Lleol ”) means a Local Health Board established under section 11 of the National Health Service (Wales) Act 2006 (c.42); “ Welsh fire and rescue authority ” (“ awdurdod tân ac achub yng Nghymru ”) means an authority in Wales constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 (c.21) or a scheme to which section 4 of that Act applies. PART 7 PHARMACEUTICAL SERVICES Pharmaceutical needs assessments 111 1 After section 82 of the National Health Service (Wales) Act 2006 (c.42) (arrangements for additional pharmaceutical services: terms and conditions), insert— Pharmaceutical needs assessments 82A 1 A Local Health Board must prepare and publish an assessment of needs for pharmaceutical services in its area. 2 A Local Health Board must— a keep the assessment most recently published by it under subsection (1) under review, and b revise it as appropriate. 3 Regulations must— a specify a date by which a Local Health Board is to prepare and publish its first assessment under subsection (1); b make provision about circumstances in which a Local Health Board is to review and if appropriate revise its assessment (and may make such provision by reference to, among other things, a period within which or following which a Local Health Board is to review and if appropriate revise its assessment); c make provision about the way in which an assessment is to be published. 4 The regulations may make other provision about the preparation, publication, review and revision of an assessment under subsection (1), including (among other things) about— a the information to be contained in an assessment (which may include, among other things, information relating to persons with whom a Local Health Board has entered into a general medical services contract); b the extent to which an assessment is to take account of likely future needs and of other matters; c consultation to be carried out in connection with an assessment; d procedural requirements. 2 In section 203 of the National Health Service (Wales) Act 2006 (c.42) (orders, regulations and directions), after subsection (6) insert— 6A A statutory instrument containing the first regulations under section 82A (pharmaceutical needs assessments) may not be made unless a draft of the instrument has been laid before, and approved by resolution of, the National Assembly for Wales. Pharmaceutical lists 112 1 Section 83 of the National Health Service (Wales) Act 2006 (c.42) (regulations as to pharmaceutical services) is amended as follows. 2 In subsection (2), in paragraph (c), for the words from “satisfied,” to the end of the paragraph, substitute “ satisfied as mentioned in subsection (2B), and ” . 3 After subsection (2) insert— 2A The regulations may specify persons or descriptions of persons who are not to be included in a list prepared by virtue of subsection (2)(a). 2B The Local Health Board is satisfied as mentioned in this subsection if, having regard to the assessment most recently published by it under section 82A and to any matters specified in the regulations, it is satisfied that granting the application would meet a need in its area for the services, or some of the services, specified in the application. 2C In relation to cases where the Local Health Board is satisfied as mentioned in subsection (2B), the regulations may make provision as to— a the procedure for determining whether to grant the application; b matters to be taken into account for the purpose of determining whether to grant the application. 4 After subsection (3) insert— 3A The regulations may prescribe circumstances in which two or more applications referred to in subsection (2)(c)(i) or (ii) may or must be considered together by the Local Health Board. 5 In subsection (4)— a for the words from “include” to “the case” substitute “ make provision for the Local Health Board to take into account prescribed matters ” ; b omit paragraph (a); c in paragraph (b), for “they” substitute “ two or more applications referred to in subsection (2)(c)(i) or (ii) ” ; d in paragraph (c), for “subsection (2)(c)” substitute “ subsection (2B) ” . 6 After subsection (4) insert— 4A The regulations may in particular make the provision mentioned in subsection (5), with or without modifications. 7 In subsection (6)— a before paragraph (a) insert— za as to circumstances in which the Local Health Board may invite applications for inclusion in a pharmaceutical list, ; b after paragraph (f), insert— fa about the timescale for dealing with an application, ; c in paragraph (g), after the words “other grounds on which” insert “ or circumstances in which ” ; d after paragraph (m) insert— n as to circumstances in which a Local Health Board may, or must, remove a person or an entry in respect of premises from the pharmaceutical list for breach of a term or condition of arrangements made with the Local Health Board for the provision of pharmaceutical services. 8 After subsection (6), insert— 6A The regulations, if they make provision within subsection (6)(n), must specify that a person or entry is not to be removed by a Local Health Board unless— a the Local Health Board has given notice under section 106A (notice in relation to breach of arrangements) in respect of the breach, and b the person in respect of whom the notice was given has failed to comply with a requirement of that notice. 9 After subsection (10) insert— 10A The regulations may make provision for a Local Health Board to give reasons for decisions made by virtue of this section. 10 In section 84 of the National Health Service (Wales) Act 2006 (c. 42), in subsection (2)— a after “application” insert “ on grounds corresponding to the conditions referred to in section 107(2), (3) or (4) as read with section 109 ” ; b after “appeal” omit “(by way of redetermination)”. 11 In section 84 of the National Health Service (Wales) Act 2006 (c.42), after subsection (3), insert— 4 If regulations made under section 83 include provision for a Local Health Board to remove a person or an entry in respect of premises from a pharmaceutical list, the regulations must also make provision — a requiring the Local Health Board to give notice of its intention to remove the person or entry (including provision requiring the notice to give reasons for the intended removal); b about making representations. 12 In Schedule 6 to the Health Act 2009 (c.21) (repeals and revocations), in the table, omit the entry relating to section 83(6)(d) of the National Health Service (Wales) Act 2006 (c.42). PART 8 PROVISION OF TOILETS Local toilets strategies Local toilets strategies: preparation and review 113 1 A local authority must prepare and publish a local toilets strategy before the end of the period of one year beginning with the date on which this section comes into force. 2 A local toilets strategy must include— a an assessment of the need for toilets in the local authority's area to be available for use by the public, b a statement setting out the steps which the local authority proposes to take to meet that need, and c any other information which the local authority considers appropriate. 3 A local authority must carry out a review of its local toilets strategy after each ordinary election held for its area under section 26 of the Local Government Act 1972 (c. 70); and each review must be carried out before the end of the period of one year beginning with the date of the election. 4 A local authority may, in addition to a review required by subsection (3), carry out other reviews of its local toilets strategy. 5 When a local authority reviews its local toilets strategy it must publish a statement of the steps which it has taken in accordance with the strategy during the period— a beginning with the date on which the strategy was last published, and b ending with the date on which that review commenced. 6 When a local authority reviews its local toilets strategy and considers that a change is needed, it must— a revise the strategy, and b publish the revised strategy. 7 The Welsh Ministers must issue guidance to local authorities about the matters which they should take into consideration when— a preparing a local toilets strategy, b reviewing a local toilets strategy, c consulting on a local toilets strategy under section 115, or d publishing a local toilets strategy. 8 Guidance issued by the Welsh Ministers under subsection (7) must make provision about — a the assessment of the need— i for toilets to be available for use by users of highways and active travel routes; ii for toilets to be available for use by users of other sites and facilities that, having regard to criteria set out in the guidance, are facilities of particular significance for transport; iii for toilets to be available for use in the vicinity of sites and in connection with events that, having regard to criteria set out in the guidance, are of particular significance or of cultural, sporting, historic, popular or national interest; iv for toilets located in premises that are publicly funded (whether wholly or in part) to be available for use by the public, b promoting public awareness of toilets available for use by the public, and c collaboration between local authorities. 9 In subsection (8) “ highway ” has the meaning given by section 328 of the Highways Act 1980 (c.66). 10 For the purposes of subsection (8), a route is an active travel route if it is shown as an active travel route on the map most recently prepared by a local authority under section 3 of the Active Travel (Wales) Act 2013 (anaw 7). 11 A local authority must have regard to any guidance issued under subsection (7). 12 For the purposes of this Part “ toilets ” includes— a changing facilities for babies, and b changing places for disabled persons. Local toilets strategies: interim progress statement 114 1 A local authority that has published a local toilets strategy under section 113 (whether pursuant to a review of the strategy, or otherwise) must prepare and publish an interim progress statement in accordance with this section. 2 A local authority that has reviewed its local toilets strategy under section 113(3) but not revised it must prepare and publish an interim progress statement in accordance with this section. 3 An interim progress statement is a statement of the steps that the authority has taken in accordance with its local toilets strategy during the period (the “statement period”) of 2 years beginning with the date on which— a in the case of a requirement imposed by subsection (1), the authority last published that strategy; b in the case of a requirement imposed by subsection (2), the authority last reviewed that strategy. 4 A local authority must publish its interim progress statement no later than six months after the last day of the statement period. 5 The Welsh Ministers must issue guidance to local authorities about the matters which they should take into consideration when preparing an interim progress statement; and a local authority must have regard to any guidance issued under this subsection. Local toilets strategies: consultation 115 1 A local authority must consult any person it considers is likely to be interested in the provision of toilets in its area that are available for use by the public before it publishes its local toilets strategy under— a section 113(1), or b section 113(6)(b). 2 As part of the consultation, the local authority must make available to each person consulted under subsection (1) a draft local toilets strategy. Local authority power to provide public toilets Local authority power to provide public toilets 116 1 A local authority may provide toilets in its area for use by the public. 2 A local authority must have regard to the relevant local toilets strategy when determining— a whether to provide toilets under subsection (1), and b the types of toilets to be provided. 3 For the purposes of subsection (2), the relevant local toilets strategy is— a in the case of a county or county borough council (“a principal council”), the local toilets strategy most recently published under section 113 by that council, and b in the case of a community council, the local toilets strategy most recently published under section 113 by the principal council of the area in which the community council is situated. 4 A local authority may not provide toilets under subsection (1) on or under land adjoining, or in the vicinity of, a highway or proposed highway unless— a the local authority is (or in the case of a proposed highway, will be) the highway authority for that highway, or b the local authority has obtained the consent of the highway authority for that highway, or (in the case of a proposed highway) of the authority that will be the highway authority for that highway, to provide such toilets. 5 A local authority that provides toilets under this section may charge fees for the use of those toilets. 6 In this section— “ highway ” (“ priffordd ”) has the meaning given by section 113(9); “ local authority ” (“ awdurdod lleol ”) includes a community council. Power to make byelaws in relation to toilets 117 1 A local authority that provides toilets under section 116 may make byelaws as to the conduct of persons using or entering them. 2 Where a community council makes byelaws under subsection (1) in respect of toilets provided by it, the byelaws (if any) made under section 2 of the Local Government Byelaws (Wales) Act 2012 (anaw 2), in relation to those toilets by the county or county borough council of the area in which the community council is situated, are of no effect during the currency of the byelaws made by the community council. 3 For the purposes of this section “ local authority ” is to be read in accordance with section 116. Consequential amendments 118 For amendments consequential on this Part, see Schedule 4. PART 9 MISCELLANEOUS AND GENERAL Food hygiene rating offences: fixed penalty receipts Fixed penalty receipts for food hygiene rating offences 119 In section 22 of the Food Hygiene Rating (Wales) Act 2013 (anaw 2), for subsection (1) substitute— 1 A food authority may use its fixed penalty receipts only for the purpose of its functions relating to the enforcement of the provisions of this Act and regulations made under it. General Offences by bodies corporate etc. 120 1 This section applies where an offence under this Act is committed by— a a body corporate; b a partnership; c an unincorporated association other than a partnership. 2 If the offence is proved to have been committed by, or with the consent or connivance of, or to be attributable to neglect on the part of— a a senior officer of the body corporate or partnership or unincorporated association, or b any person purporting to act in a capacity mentioned in paragraph (a), that senior officer or person (as well as the body corporate, partnership or association) is guilty of the offence and liable to be proceeded against and punished accordingly. 3 In this section, “ senior officer ” means— a in relation to a body corporate, a director, manager, secretary or other similar officer of the body corporate; b in relation to a partnership, a partner in the partnership; c in relation to an unincorporated association other than a partnership, any officer of the association or any member of its governing body. 4 In subsection (3)(a), “ director ”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate. 5 In this section and sections 121 and 122, “partnership”means— a a partnership within the Partnership Act 1890 (c.39), or b a limited partnership registered under the Limited Partnerships Act 1907 (c.24). Offences committed by partnerships and other unincorporated associations 121 1 Proceedings for an offence under this Act alleged to have been committed by a partnership are to be brought in the name of the partnership (and not in that of any of the partners). 2 Proceedings for an offence under this Act alleged to have been committed by an unincorporated association other than a partnership are to be brought in the name of the association (and not in that of any of its members). 3 Rules of court relating to the service of documents have effect as if the partnership or unincorporated association were a body corporate. 4 Section 33 of the Criminal Justice Act 1925 (c.86) and Schedule 3 to the Magistrates' Courts Act 1980 (c.43) apply in proceedings for an offence brought against a partnership or an unincorporated association as they apply in relation to a body corporate. Giving notices 122 1 This section applies where a provision of this Act or of regulations made under it requires or authorises a person to give notice to another person (“P”). 2 The notice must be in writing. 3 The notice may be given to P in any one of the following ways— a by delivering it to P; b by leaving it at or posting it to any address specified by P as an address for giving notices, or (if P has not specified an address for this purpose) by leaving it at or posting it to P's usual address; c if the conditions in subsection (4) are met, by sending it to P electronically. 4 The conditions are— a that P has indicated to the person by whom the notice is sent a willingness to receive it electronically, and has provided that person with an address suitable for that purpose, and b that the notice is sent to that address. 5 P's usual address, for the purpose of subsection (3)(b), is— a if P is a body corporate, the address of the registered or principal office of the body; b if P is acting in his or her capacity as a partner in a partnership, the address of the principal office of the partnership; c if P is a local authority, the principal office of the local authority; d in any other case, the last known residence or place of business of P. 6 A fixed penalty notice given under section 27 or 49 may not be given to P by sending it electronically. 7 The reference in subsection (3)(a) to delivering a notice to P is— a if P is a body corporate, a reference to delivering it to the secretary or clerk of that body; b if P is a partnership, a reference to delivering it to a partner or a person having control or management of the partnership business. 8 A notice that is given to P by leaving it at a place in accordance with subsection (3)(b) is to be treated as having been given at the time at which it was left at that place. Regulations 123 1 A power to make regulations under this Act— a is exercisable by statutory instrument; b includes power to make different provision for different purposes; c includes power to make supplementary, incidental, consequential, transitional, transitory or saving provision. 2 A statutory instrument containing any of the following may not be made unless a draft of the instrument has been laid before, and approved by resolution of, the National Assembly for Wales— a regulations made under section 6(5), 10(6), 11(5), 13, 15, 16, 17(3), 28(7) or 50(2) or paragraph 6 or 9 of Schedule 1; b regulations made under section 60, 62, 63, 66(10), 69(8), 70(3)(a) or (c), 93 or 94(1); c regulations made under section 108 or 110(2); d regulations made under section 125 that amend or repeal any provision of an Act of Parliament or a Measure or Act of the National Assembly for Wales. 3 Any other statutory instrument containing regulations made under this Act is subject to annulment in pursuance of a resolution of the National Assembly for Wales. Interpretation 124 1 Except as otherwise expressly provided, in this Act— “ local authority ” (“ awdurdod lleol ”) means the council of a county or county borough in Wales; “ regulations ” (“ rheoliadau ”) means regulations made by the Welsh Ministers; “ specified ” (“ a bennir” and “penodedig ”), in relation to provision made in regulations, means specified in the regulations. 2 In this Act, references to the occupier of premises, so far as applicable in relation to any vehicle, are to the person who appears to be in charge of the vehicle, and “ unoccupied ” is to be construed accordingly. Power to make consequential and transitional etc. provision 125 1 If the Welsh Ministers consider it necessary or expedient for the purposes of, in consequence of, or for giving full effect to, any provision of this Act, they may by regulations make— a any supplementary, incidental or consequential provision; b any transitional, transitory or saving provision. 2 Regulations under this section may (among other things) amend, repeal or revoke any enactment. 3 In this section, “ enactment ” means an enactment, whenever enacted or made, comprised in or made under— a an Act of Parliament; b a Measure or Act of the National Assembly for Wales. Coming into force 126 1 The following provisions come into force on the day on which this Act receives Royal Assent— a section 1; b sections 120 to 125; c this section; d section 127. 2 The other provisions of this Act come into force on such day as the Welsh Ministers may appoint by order made by statutory instrument. 3 An order under subsection (2) may— a appoint different days for different purposes; b make transitional, transitory or saving provision in connection with the coming into force of a provision of this Act. Short title 127 The short title of this Act is the Public Health (Wales) Act 2017. SCHEDULE 1 FIXED PENALTIES (introduced by sections 27 and 49) Interpretation 1 In this Schedule— “ authorised officer ” (“ swyddog awdurdodedig ”)— in relation to a fixed penalty notice given under section 27, means an authorised officer within the meaning given by section 18(5), and in relation to a fixed penalty notice given under section 49, means an authorised officer within the meaning given by section 39; “ issuing authority ” (“ awdurdod dyroddi ”)— in relation to a fixed penalty notice given under section 27, means an enforcement authority authorised by virtue of section 18, and in relation to a fixed penalty notice given under section 49, means a local authority. Contents of fixed penalty notice 2 A fixed penalty notice must— a state the alleged offence, and b give particulars of the circumstances alleged to constitute it. 3 A fixed penalty notice must also state— a the name and address of the issuing authority on whose behalf the notice is given; b the amount of the penalty and the period for its payment; c the discounted amount and the period for its payment; d the effect of paying the penalty or the discounted amount before the end of the period mentioned in paragraph (b) or (c); e the consequences of not paying the penalty or the discounted amount before the end of the period mentioned in paragraph (b) or (c); f the person to whom, and the address at which, payment may be made; g the method by which payment may be made; h the person to whom and the address at which any representations relating to the notice may be made. 4 A fixed penalty notice must also— a inform the person to whom it is given of that person's right to ask to be tried for the alleged offence, and b explain how that right may be exercised. 5 Regulations may make further provision as to the content and form of a fixed penalty notice. Amount of penalty and period for payment 6 The penalty is such amount as is specified in regulations. 7 The period for payment of the penalty is the period of 29 days beginning with the day on which the fixed penalty notice is given. Discounted amount and period for payment 8 1 A discounted amount is payable, instead of the amount specified in regulations under paragraph 6, if payment is made before the end of the period for payment of the discounted amount. 2 That period is the period of 15 days beginning with the day on which the notice is given, unless the 15th day is not a working day. 3 If the 15th day is not a working day, that period is the period beginning with the day on which the notice is given and ending with the expiry of the first working day following the 15th day. 4 In this paragraph, “ working day ” means any day which is not Saturday, Sunday, Christmas Day, Good Friday or a day which is a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971 (c.80). 9 The discounted amount is such amount as is specified in regulations. Effect of notice and payment 10 1 Proceedings for the offence in respect of which a fixed penalty notice was given may not be brought before the end of the period for payment of the penalty. 2 Sub-paragraph (1) does not apply if the person to whom the notice was given has asked in accordance with paragraphs 15 and 16 to be tried for the alleged offence. 11 If the penalty is paid in accordance with the penalty notice before the end of the period mentioned in paragraph 10(1), no proceedings for the offence may be brought, and paragraph 15 does not apply. 12 If the discounted amount is paid in accordance with the penalty notice before the end of the period for payment of the discounted amount, no proceedings for the offence may be brought, and paragraph 15 does not apply. 13 If proceedings have been brought pursuant to a request under paragraph 15, but then the penalty or discounted amount is paid as mentioned in paragraph 11 or 12, those proceedings must not be continued. 14 In any proceedings, a certificate documenting payment of a penalty or discounted amount is evidence of the facts which it states if it— a purports to be signed by or on behalf of the person responsible for the financial affairs of the issuing authority on behalf of which the authorised officer who gave the penalty notice was acting, and b states that payment of the fixed penalty or discounted amount in pursuance of the notice was or was not received by a date specified in the certificate. Trial 15 If the person to whom a penalty notice has been given asks to be tried for the alleged offence, proceedings may be brought against that person. 16 Any request to be tried must be made— a by notice given to the issuing authority in question before the end of the period for payment of the penalty; b in the manner specified in the fixed penalty notice. Withdrawal of notices 17 1 This paragraph applies if an issuing authority considers that a fixed penalty notice which an authorised officer acting on its behalf has given to a person (“P”) ought not to have been given. 2 The issuing authority may give notice to P withdrawing the fixed penalty notice. 3 If it does so— a it must repay any amount which has been paid by way of penalty in pursuance of the fixed penalty notice, and b no proceedings may be brought or continued against P for the offence in question. Fixed penalty receipts 18 1 An enforcement authority which is a local authority may use amounts received by it in pursuance of notices under section 27 only for the purpose of its functions relating to the enforcement of provisions of Chapter 1 of this Part and regulations made under it. 2 A local authority may use amounts received by it in pursuance of notices under section 49 only for the purpose of its functions relating to the enforcement of provisions of Chapter 2 of this Part and regulations made under it. SCHEDULE 2 SMOKING: CONSEQUENTIAL AMENDMENTS (introduced by section 29) Health Act 2006 (c.28) 1 The Health Act 2006 is amended as follows. 2 In the heading to Chapter 1 of Part 1 after “vehicles” insert “ in England ” . 3 In section 1 (introduction), in subsection (1) after “vehicles” insert “ in England ” . 4 In section 2 (smoke-free premises)— a in subsection (1) after “Premises” insert “ in England ” ; b in subsection (2) after “Premises” insert “ in England ” ; c in subsection (5) for “appropriate national authority” substitute “ Secretary of State ” . 5 In section 3 (smoke-free premises (exemptions)), in subsection (1)— a for “appropriate national authority” substitute “ Secretary of State ” ; b after “premises” in both places insert “ in England ” . 6 In section 4 (additional smoke-free places)— a in subsection (1)— i for “appropriate national authority” substitute “ Secretary of State ” ; ii after “place” in both places insert “ in England ” ; b in subsection (3)— i for “appropriate national authority” substitute “ Secretary of State ” ; ii for “authority's” substitute “Secretary of State's”. 7 In section 5 (vehicles), in subsection (1)— a for “appropriate national authority” substitute “ Secretary of State ” ; b after “vehicles” insert “ in England ” . 8 In section 6 (no-smoking signs), in subsections (2), (3) and (4) for “appropriate national authority” substitute “ Secretary of State ” . 9 In section 8 (offence of failing to prevent smoking in smoke-free place), in subsection (3) for “appropriate national authority” substitute “ Secretary of State ” . 10 In section 9 (fixed penalties), in subsection (1A) for “appropriate national authority” substitute “ Secretary of State ” . 11 In section 10 (enforcement)— a in subsection (1) for “appropriate national authority” substitute “ Secretary of State ” ; b in subsection (4) for “appropriate national authority” in both places substitute “ Secretary of State ” . 12 In section 11 (obstruction etc of officers), in subsection (5) for “appropriate national authority” in both places substitute “ Secretary of State ” . 13 In section 12 (interpretation and territorial sea)— a in subsection (2) for “appropriate national authority” substitute “ Secretary of State ” ; b omit subsection (3)(b). 14 In section 82 (interpretation), in subsection (1) omit the definition of “the appropriate national authority”. 15 In Schedule 1 (fixed penalties), in paragraphs 4 and 17 for “appropriate national authority” substitute “ Secretary of State ” . 16 In Schedule 2 (powers of entry, etc), in paragraph 10 for “appropriate national authority” in both places substitute “ Secretary of State ” . Children and Families Act 2014 (c.6) 17 In section 91 of the Children and Families Act 2014 (purchase of tobacco, nicotine products etc on behalf of persons under 18), in subsection (5), after paragraph (b), insert — c in relation to Wales— i the reference to the Secretary of State in paragraph 4 of Schedule 1 to the Health Act 2006 is to be read as a reference to the Welsh Ministers; ii the power of the Welsh Ministers to make regulations under paragraph 4 of Schedule 1 as so applied is to be exercised by statutory instrument; iii a statutory instrument containing such regulations made by the Welsh Ministers is to be subject to annulment in pursuance of a resolution of the National Assembly for Wales. SCHEDULE 3 FURTHER PROVISION IN CONNECTION WITH SPECIAL PROCEDURE LICENCES (introduced by section 59) Application for special procedure licence 1 An application for the issue of a special procedure licence may relate to one special procedure, or more than one. 2 An application for a licence authorising the performance of a special procedure is to be made— a if the applicant believes that the procedure is likely to be carried out by the applicant in the area of one local authority only, to that local authority; b if the applicant believes that the procedure is likely to be carried out by the applicant in the areas of different local authorities, to one of those local authorities. 3 1 An application— a must specify the procedure to which it relates; b must give whatever details the authority to which it is made may require about the basis on which the procedure is to be performed (for instance, whether it is to be performed on a peripatetic basis, on a fixed site basis, on a mobile basis, on a temporary basis, or otherwise); c must state whether or not it is an application for a temporary licence. 2 An application— a is to be made in whatever way the authority to which it is made may require; b is to be accompanied by whatever fee is set by the authority. 3 That fee (if any) is to be set by the authority having regard to the costs incurred or expected to be incurred by the authority in connection with dealing with applications. 4 1 An application must include the following information— a the full name, date of birth and usual residential address of the applicant; b any proposed trading name; c the telephone number and e-mail address (if any) of the applicant; d in the case of an application for the issue of a licence authorising the performance of a procedure at premises within section 59(3) (premises or vehicle occupied by or under control or management of certain persons), the address of each of the premises at which the performance of the procedure is to be authorised by the licence; e in the case of an application for a licence authorising the performance of a procedure in a vehicle within section 59(3) that has a registration number, the registration number of the vehicle; f in the case of an application for a licence authorising the performance of a procedure in a vehicle within section 59(3) that does not have a registration number, whatever identifying details of the vehicle the authority considers appropriate; g any other information that the authority concerned may require, which may, for instance, include information about any offence of which the applicant has been convicted (whether or not committed under the law of England and Wales). 2 At any time after receiving but before determining an application, an authority may require the applicant to provide it with any further information that it considers necessary to enable it to determine the application. 3 That further information may include any information that the authority considers necessary for the purpose of verifying the identity of the applicant. 4 Regulations may— a make provision about the way in which a local authority is to determine the amount of the fee that is to accompany an application made to it; b make further provision about applications (including, among other things, about the way in which an application is to be made, the information to be provided, and the way in which an application is to be dealt with by an authority). Contents of special procedure licence 5 1 A special procedure licence must— a state the name of the licence holder; b bear a photograph of the licence holder; c specify a residential or business address for the licence holder; d name the authority by which the licence is issued; e specify each procedure the performance of which is authorised by the licence; f specify the licence period and, in the case of a temporary licence, state that it is a temporary licence. 2 A licence that is required, by section 59(3), to identify premises or a vehicle must (as the case may be)— a specify the address of the premises; b in the case of a vehicle that has a registration number, state the registration number; c in the case of a vehicle that does not have a registration number, identify the vehicle in whatever way the authority issuing the licence considers appropriate. 3 Regulations may make further provision about the form and content of special procedure licences (including, among other things, about the inclusion of information about the applicable mandatory licensing conditions). Copy of licence 6 1 If a special procedure licence is mislaid, stolen, or damaged, the licence holder may apply to the authority by which it was issued for a copy. 2 An application under sub-paragraph (1)— a is to be made in whatever way the authority concerned may require, and b is to be accompanied by whatever fee is set by the authority. 3 The authority must grant the application if it is satisfied— a that the licence has been mislaid, stolen or damaged, and b that where the licence has been mislaid or stolen, the loss or theft has been reported to the police. 4 As soon as reasonably practicable after granting an application under sub-paragraph (1), an authority is to issue a copy of the licence to the applicant. 7 A copy of a licence issued by an authority under paragraph 6 is— a to be certified by the authority as a true copy, and b to be treated for the purposes of this Part and any requirements imposed by or under it as being the original licence. Expiry of licence 8 1 A special procedure licence is to be treated for the purposes of this Part as expiring with whichever is the earliest of— a the end of the licence period; b the date with the expiry of which revocation of the licence has effect; c the date with the expiry of which the licence ceases to have effect under paragraph 14(3) (voluntary termination of licence); d in the case of a licence authorising the performance of a procedure by an individual who is designated under section 61 in respect of that procedure, the date on which any withdrawal of the designation takes effect. 2 But sub-paragraph (1) is subject to paragraph 10. Renewal of licence 9 1 A local authority may, on an application by the licence holder, renew a special procedure licence. 2 An application for renewal of a licence is to be made to the authority that granted the licence. 3 An application for renewal— a is to be made in whatever way the authority concerned may require, b is to include whatever information the authority concerned may require, and c is to be accompanied by whatever fee is set by the authority. 10 If an application to renew a licence is received before the licence would but for this paragraph be treated as having expired, the licence is not to be treated as having expired while— a the application for renewal is pending; b an appeal may be brought under paragraph 18 or 19 in respect of the application; c an appeal brought in respect of the application under paragraph 18 or 19, within the period for bringing an appeal under that paragraph, remains to be determined. Variation of licence 11 1 A local authority may, on an application to this effect by a licence holder, vary a special procedure licence issued by it. 2 The effect of a variation may be such as to (among other things)— a add, amend or remove a description of special procedure the performance of which is authorised by the licence; b subject to section 59(4) (requirement that premises or vehicle be identified in licence, and approved) authorise the performance of a special procedure at premises or in a vehicle not previously identified in the licence for this purpose; c remove a reference to premises or a vehicle previously identified in the licence. 3 A licence must not be varied under this paragraph so as to— a transfer the licence from the licence holder to another individual; b extend the licence period. 12 1 An application to vary a special procedure licence— a is to be made in whatever way the authority concerned may require, and b is to be accompanied by whatever fee is set by the authority. 2 An application must include— a particulars of the changes proposed to be made to the licence, and b any other information that the authority concerned may require. 13 1 An application to vary a special procedure licence by adding a description of special procedure the performance of which is to be authorised by the licence— a must specify the procedure concerned, and b is to be treated for the purposes of this Part as being an application for the issue of a special procedure licence authorising the performance of that procedure (and the date of the variation is to be treated, for the application of this Part in respect of that procedure, as being the date of the issue of a licence authorising the performance of the procedure). 2 But sub-paragraph (1)(b) does not apply for the purposes of the determination of the licence period. Voluntary termination of licence 14 1 Where a licence holder wishes a special procedure licence to cease to have effect, the licence holder may give notice to that effect to the authority that issued the licence. 2 The notice must state the date with which the licence is to cease to have effect. 3 Subject to any earlier expiry under paragraph 8(1)(a), (b) or (d), the licence ceases to have effect with the expiry of the date stated under sub-paragraph (2). Right to make representations 15 1 This paragraph applies if a local authority proposes— a to give notice to an applicant under section 65(2) or 66(6) of refusal of an application (including under any of those provisions as applying in respect of the application by virtue of section 67 or paragraph 13(1)(b)), b to give notice to a licence holder under section 68 of revocation of a licence (including under that section as applying in respect of the application by virtue of section 67 or paragraph 13(1)(b)), or c to give notice to an individual under section 61(1), designating that individual in respect of a special procedure. 2 In this paragraph and paragraphs 16 and 17, the applicant or licence holder is referred to as “ A ”. 3 The authority must give A a notice (a “warning notice”) that sets out what the authority proposes to do and why. 4 A warning notice must state that, within a period specified in the notice, A may either— a make representations about the proposal, or b inform the authority that A wishes to make representations. 5 The period specified in the warning notice must not be less that 14 days beginning with the date of the notice. 6 The authority may take the steps specified in the warning notice, if— a within the period specified in the warning notice, A informs the authority that A does not wish to make representations, or b the period specified in the warning notice expires and A has neither made representations nor informed the authority that A wishes to do so. 7 If, within the period specified in the warning notice, A informs the authority that A wishes to make representations, the authority— a must allow A a further reasonable period to make representations, and b may take the steps specified in the warning notice, if A fails to make representations within that further period. 8 If A makes representations (either within the period specified in the warning notice or within the further period allowed under sub-paragraph (7)(a)), the authority must consider the representations. 9 The representations made by A under this paragraph may be made orally or otherwise; and in the case of oral representations, may be made either by A or by A's representative. Notice of decision 16 1 This paragraph applies if, having complied with the requirements of paragraph 15 in respect of a proposed notice under section 65(2), 66(6) or 68, a local authority decides to take the action set out in the warning notice. 2 The notice given under section 65, 66 or 68 (as the case may be) must set out the authority's reasons for giving it. 3 The notice must also state— a that A may appeal under paragraph 18 against the decision, b the period within which an appeal may be brought, and c in the case of revocation under section 68, the date on which (in the absence of an appeal under paragraph 18) the revocation is to take effect. 17 If, having complied with the requirements of paragraph 15, a local authority decides not to take the action set out in the warning notice, the authority must give notice of the decision to A. Appeals 18 1 An applicant may appeal to a magistrates' court against— a the refusal of an application for a special procedure licence; b the refusal of an application to vary a special procedure licence; c the refusal of an application to renew a special procedure licence. 2 A licence holder may appeal to a magistrates' court against a revocation under section 68. 3 An individual to whom notice has been given under section 61(1) (designation of a person for the purposes of section 58) may appeal to a magistrates' court against the decision to give the notice. 4 An appeal is to be made within the period of 21 days beginning with the date of— a in the case of an appeal under sub-paragraph (1) or (2), the notice of the decision to refuse the application or of the decision to revoke; b in the case of an appeal under sub-paragraph (3), the notice under section 61(1). 5 An appeal is to be by way of complaint for an order, and in accordance with the Magistrates' Courts Act 1980 (c.43). 6 For the purposes of the time limit for making an appeal, the making of the complaint is to be treated as the making of the appeal. 7 On an appeal, the magistrates' court may— a confirm the decision of the local authority appealed against, or b quash or vary the decision appealed against, and may make such order as to costs as it thinks fit. 8 If the magistrates' court quashes or varies the decision appealed against, it may remit the case to the local authority to dispose of in accordance with directions given by the court. 19 1 An appeal by either party against the decision of a magistrates' court under paragraph 18 may be brought to the Crown Court. 2 On an appeal to the Crown Court, the Crown Court may— a confirm, vary or reverse the magistrates' court's decision; b remit the case to the magistrates' court or the local authority to dispose of in accordance with directions given by the Crown Court. 20 1 Where on an appeal under paragraph 18 or 19 a court varies or reverses a local authority's decision, the court may order the local authority to compensate the applicant, licence holder, or person within paragraph 18(3) (as the case may be) for loss suffered as the result of the decision. 2 The bringing of an appeal under paragraph 18 or 19 in respect of a decision made by a local authority or notice given by a local authority does not suspend the effect of the decision or notice. Delegation of functions 21 1 The functions of a local authority under the following provisions of this Part are by virtue of this sub-paragraph delegated to the licensing committee of the authority established under section 6 of the Licensing Act 2003 (c.17)— a section 65(2) and 66(3) (including as applied by virtue of section 67 and paragraph 13(1)), in a case where representations are made under paragraph 15; b section 68, in a case where representations are made under paragraph 15; c paragraph 15(8); d paragraphs 16 and 17. 2 The following provisions of the Licensing Act 2003 (c.17) are to apply in relation to a function of an authority delegated to a licensing committee by virtue of sub-paragraph (1) as they apply in relation to a function delegated under that Act, and as if references in them to a licensing authority were to the authority concerned— a section 7(9) (referral back to authority), and b section 10 (sub-delegation). 3 In the application of section 10(4) of that Act by virtue of sub-paragraph (2), for the list of functions in that section there is substituted the list of functions at sub-paragraph (1)(a) to (d). 4 Regulations may make provision about the procedures applicable to licensing committees and their sub-committees for the purpose of the exercise of functions under or by virtue of this Part, including (among other things) provision as to— a validity and quorum; b public access; c publicity; d records. 5 Subject to any provision made under the regulations, each licensing committee may, for the purposes of the exercise of the functions referred to in sub-paragraph (4), regulate its own procedure and that of its sub-committees. Consequential amendments 22 1 The Local Government (Miscellaneous Provisions) Act 1982 (c.30) is amended as follows. 2 In section 13(11) (meaning of “local authority” in Part 8), in paragraph (a) after “district” insert “ in England ” . 3 In section 14 (acupuncture)— a in subsection (1) after “any area” insert “ in England ” , and b in subsection (2) after “any area” insert “ in England ” . 4 In section 15 (tattooing etc)— a in subsection (1) after “any area” insert “ in England ” , and b in subsection (2) after “any area” insert “ in England ” . 23 In the Local Government Byelaws (Wales) Act 2012 (anaw 2), in each table in Schedule 1 (byelaw making powers) omit the entry relating to— a section 14 of the Local Government (Miscellaneous Provisions) Act 1982 (c.30); b section 15 of the Local Government (Miscellaneous Provisions) Act 1982 (c.30). SCHEDULE 4 PROVISION OF TOILETS: CONSEQUENTIAL AMENDMENTS (introduced by section 118) Public Health Act 1936 (c.49) 1 1 Section 87 of the Public Health Act 1936 (provision of public conveniences) is amended as follows. 2 In subsection (1)— a for “A county council, a local authority” substitute “ A county council in England, a local authority in England ” ; b omit “or community”. 3 In the heading, after “conveniences”, insert “ in England ” . Highways Act 1980 (c.66) 2 In section 114 of the Highways Act 1980 (provision of public conveniences for road users), for subsection (4) substitute— 4 The powers in subsection (1) are without prejudice to— a section 87 of the Public Health Act 1936 (provision of public conveniences in England); b section 116 of the Public Health (Wales) Act 2017 (local authority power to provide public toilets in Wales). Local Government Byelaws (Wales) Act 2012 (anaw 2) 3 1 In the Local Government Byelaws (Wales) Act 2012, Schedule 1 (byelaws not requiring confirmation) is amended as follows. 2 In each table omit the entry relating to section 87 of the Public Health Act 1936. 3 In each table, in the appropriate place insert— Section 117 of the Public Health (Wales) Act 2017 Regulating the conduct of persons in toilets County council, county borough council and community council S. 94 in force at 13.9.2024 for specified purposes by S.I. 2024/938 , art. 2(1)(j) S. 79 in force at 29.11.2024 by S.I. 2024/1248 , art. 2(u) (with arts. 4 , 5 ) S. 17 in force at 1.3.2021 in so far as not already in force by S.I. 2021/202 , art. 2 Sch. 1 para. 1 in force at 1.3.2021 in so far as not already in force by S.I. 2021/202 , art. 2 Sch. 3 para. 11 in force at 13.9.2024 for specified purposes by S.I. 2024/938 , art. 2(1)(k) Sch. 2 para. 7 in force at 1.3.2021 by S.I. 2021/202 , art. 2 S. 18 in force at 29.9.2020 for specified purposes by S.I. 2020/1048 , art. 2(1)(e) Sch. 1 para. 4 in force at 1.3.2021 in so far as not already in force by S.I. 2021/202 , art. 2 Sch. 1 para. 6 in force at 1.3.2021 in so far as not already in force by S.I. 2021/202 , art. 2 Sch. 3 para. 11 in force at 29.11.2024 in so far as not already in force by S.I. 2024/1248 , art. 2(jj) (with arts. 4 , 5 ) S. 98 in force at 1.2.2018 by S.I. 2018/1 , art. 2(a) Sch. 1 para. 9 in force at 1.3.2021 in so far as not already in force by S.I. 2021/202 , art. 2 S. 58 in force at 29.11.2024 by S.I. 2024/1248 , art. 2(c) (with arts. 4 , 5 ) Sch. 1 para. 13 in force at 1.3.2021 in so far as not already in force by S.I. 2021/202 , art. 2 Sch. 1 para. 18 in force at 1.3.2021 in so far as not already in force by S.I. 2021/202 , art. 2 Sch. 3 para. 23 in force at 29.11.2024 in so far as not already in force by S.I. 2024/1248 , art. 2(jj) (with arts. 4 , 5 ) Sch. 1 para. 2 in force at 29.9.2020 for specified purposes by S.I. 2020/1048 , art. 2(1)(h) S. 62 in force at 13.9.2024 for specified purposes by S.I. 2024/938 , art. 2(1)(c) Sch. 3 para. 3 in force at 13.9.2024 for specified purposes by S.I. 2024/938 , art. 2(1)(k) Sch. 3 para. 9 in force at 13.9.2024 for specified purposes by S.I. 2024/938 , art. 2(1)(k) Sch. 3 para. 1 in force at 13.9.2024 for specified purposes by S.I. 2024/938 , art. 2(1)(k) Sch. 4 para. 1 in force at 31.5.2018 by S.I. 2018/605 , art. 2(b) Sch. 1 para. 8 in force at 29.9.2020 for specified purposes by S.I. 2020/1048 , art. 2(1)(h) S. 26 in force at 1.3.2021 by S.I. 2021/202 , art. 2 S. 118 in force at 31.5.2018 by S.I. 2018/605 , art. 2(a) S. 17 in force at 29.9.2020 for specified purposes by S.I. 2020/1048 , art. 2(1)(d) S. 88 in force at 29.11.2024 by S.I. 2024/1248 , art. 2(cc) (with arts. 4 , 5 ) Sch. 1 para. 12 in force at 29.9.2020 for specified purposes by S.I. 2020/1048 , art. 2(1)(h) S. 82(5)-(9) in force at 29.11.2024 by S.I. 2024/1248 , art. 2(x) (with arts. 4 , 5 ) Sch. 3 para. 13 in force at 29.11.2024 in so far as not already in force by S.I. 2024/1248 , art. 2(jj) (with arts. 4 , 5 ) S. 67 in force at 29.11.2024 by S.I. 2024/1248 , art. 2(j) (with arts. 4 , 5 ) S. 86 in force at 29.11.2024 by S.I. 2024/1248 , art. 2(aa) (with arts. 4 , 5 ) S. 63 in force at 29.11.2024 in so far as not already in force by S.I. 2024/1248 , art. 2(g) (with arts. 4 , 5 ) S. 94 in force at 13.9.2024 for specified purposes by S.I. 2024/938 , art. 2(2)(b) Sch. 4 para. 3 in force at 31.5.2018 by S.I. 2018/605 , art. 2(b) S. 83 in force at 29.11.2024 by S.I. 2024/1248 , art. 2(y) (with arts. 4 , 5 ) S. 76 in force at 13.9.2024 for specified purposes by S.I. 2024/938 , art. 2(1)(i) Sch. 1 para. 13 in force at 29.9.2020 for specified purposes by S.I. 2020/1048 , art. 2(1)(h) Sch. 4 para. 2 in force at 31.5.2018 by S.I. 2018/605 , art. 2(b) S. 22 in force at 1.3.2021 by S.I. 2021/202 , art. 2 S. 70 in force at 29.11.2024 in so far as not already in force by S.I. 2024/1248 , art. 2(m) (with arts. 4 , 5 ) Sch. 1 para. 7 in force at 1.3.2021 in so far as not already in force by S.I. 2021/202 , art. 2 Sch. 1 para. 15 in force at 1.3.2021 in so far as not already in force by S.I. 2021/202 , art. 2 S. 76 in force at 29.11.2024 in so far as not already in force by S.I. 2024/1248 , art. 2(s) (with arts. 4 , 5 ) S. 72 in force at 29.11.2024 in so far as not already in force by S.I. 2024/1248 , art. 2(o) (with arts. 4 , 5 ) Sch. 1 para. 4 in force at 29.9.2020 for specified purposes by S.I. 2020/1048 , art. 2(1)(h) S. 60 in force at 29.11.2024 in so far as not already in force by S.I. 2024/1248 , art. 2(e) (with arts. 4 , 5 ) S. 81 in force at 29.11.2024 by S.I. 2024/1248 , art. 2(w) (with arts. 4 , 5 ) Sch. 1 para. 15 in force at 29.9.2020 for specified purposes by S.I. 2020/1048 , art. 2(1)(h) Sch. 3 para. 21 in force at 13.9.2024 for specified purposes by S.I. 2024/938 , art. 2(1)(k) S. 63 in force at 13.9.2024 for specified purposes by S.I. 2024/938 , art. 2(1)(d) S. 106 in force at 1.2.2018 by S.I. 2018/1 , art. 2(a) Sch. 3 para. 21 in force at 29.11.2024 in so far as not already in force by S.I. 2024/1248 , art. 2(jj) (with arts. 4 , 5 ) Sch. 3 para. 13 in force at 13.9.2024 for specified purposes by S.I. 2024/938 , art. 2(1)(k) Sch. 3 para. 18 in force at 13.9.2024 for specified purposes by S.I. 2024/938 , art. 2(1)(k) Sch. 1 para. 1 in force at 29.9.2020 for specified purposes by S.I. 2020/1048 , art. 2(1)(h) S. 113 in force at 31.5.2018 by S.I. 2018/605 , art. 2(a) S. 119 in force at 4.10.2017 by S.I. 2017/949 , art. 2(c) Sch. 1 para. 11 in force at 1.3.2021 in so far as not already in force by S.I. 2021/202 , art. 2 Sch. 3 para. 16 in force at 13.9.2024 for specified purposes by S.I. 2024/938 , art. 2(1)(k) Sch. 1 para. 9 in force at 29.9.2020 for specified purposes by S.I. 2020/1048 , art. 2(1)(h) S. 74 in force at 29.11.2024 by S.I. 2024/1248 , art. 2(q) (with arts. 4 , 5 ) S. 71 in force at 13.9.2024 for specified purposes by S.I. 2024/938 , art. 2(1)(g) S. 28 in force at 29.9.2020 for specified purposes by S.I. 2020/1048 , art. 2(1)(g) S. 10 in force at 1.3.2021 in so far as not already in force by S.I. 2021/202 , art. 2 Sch. 2 para. 16 in force at 1.3.2021 by S.I. 2021/202 , art. 2 Sch. 3 para. 20 in force at 13.9.2024 for specified purposes by S.I. 2024/938 , art. 2(1)(k) S. 93 in force at 29.11.2024 by S.I. 2024/1248 , art. 2(hh) (with arts. 4 , 5 ) S. 116 in force at 31.5.2018 by S.I. 2018/605 , art. 2(a) Sch. 1 para. 5 in force at 1.3.2021 in so far as not already in force by S.I. 2021/202 , art. 2 S. 90 in force at 29.11.2024 by S.I. 2024/1248 , art. 2(ee) (with arts. 4 , 5 ) Sch. 2 para. 10 in force at 1.3.2021 by S.I. 2021/202 , art. 2 S. 72 in force at 13.9.2024 for specified purposes by S.I. 2024/938 , art. 2(1)(h) S. 89 in force at 29.11.2024 by S.I. 2024/1248 , art. 2(dd) (with arts. 4 , 5 ) S. 117 in force at 31.5.2018 by S.I. 2018/605 , art. 2(a) S. 59 in force at 29.11.2024 in so far as not already in force by S.I. 2024/1248 , art. 2(d) (with arts. 4 , 5 ) Sch. 1 para. 3 in force at 1.3.2021 in so far as not already in force by S.I. 2021/202 , art. 2 S. 10 in force at 29.9.2020 for specified purposes by S.I. 2020/1048 , art. 2(1)(b) S. 23 in force at 1.3.2021 by S.I. 2021/202 , art. 2 Sch. 2 para. 15 in force at 1.3.2021 by S.I. 2021/202 , art. 2 Sch. 1 para. 11 in force at 29.9.2020 for specified purposes by S.I. 2020/1048 , art. 2(1)(h) Sch. 1 para. 10 in force at 1.3.2021 in so far as not already in force by S.I. 2021/202 , art. 2 S. 84 in force at 29.11.2024 by S.I. 2024/1248 , art. 2(z) (with arts. 4 , 5 ) S. 11 in force at 1.3.2021 in so far as not already in force by S.I. 2021/202 , art. 2 S. 66 in force at 29.11.2024 by S.I. 2024/1248 , art. 2(i) (with arts. 4 , 5 ) S. 78 in force at 29.11.2024 by S.I. 2024/1248 , art. 2(t) (with arts. 4 , 5 ) S. 94 in force at 29.11.2024 in so far as not already in force by S.I. 2024/1248 , art. 2(ii) (with arts. 4 , 5 ) Sch. 2 para. 12 in force at 1.3.2021 by S.I. 2021/202 , art. 2 Sch. 3 para. 14 in force at 29.11.2024 in so far as not already in force by S.I. 2024/1248 , art. 2(jj) (with arts. 4 , 5 ) S. 3 in force at 4.10.2017 by S.I. 2017/949 , art. 2(b) S. 105 in force at 1.2.2018 by S.I. 2018/1 , art. 2(a) S. 114 in force at 31.5.2018 by S.I. 2018/605 , art. 2(a) S. 107 in force at 1.2.2018 by S.I. 2018/1 , art. 2(a) S. 87 in force at 29.11.2024 by S.I. 2024/1248 , art. 2(bb) (with arts. 4 , 5 ) Sch. 2 para. 13 in force at 1.3.2021 by S.I. 2021/202 , art. 2 Sch. 3 para. 19 in force at 29.11.2024 in so far as not already in force by S.I. 2024/1248 , art. 2(jj) (with arts. 4 , 5 ) Sch. 3 para. 5 in force at 29.11.2024 in so far as not already in force by S.I. 2024/1248 , art. 2(jj) (with arts. 4 , 5 ) Sch. 3 para. 4 in force at 29.11.2024 in so far as not already in force by S.I. 2024/1248 , art. 2(jj) (with arts. 4 , 5 ) Sch. 2 para. 1 in force at 1.3.2021 by S.I. 2021/202 , art. 2 Sch. 3 para. 3 in force at 29.11.2024 in so far as not already in force by S.I. 2024/1248 , art. 2(jj) (with arts. 4 , 5 ) S. 64 in force at 13.9.2024 by S.I. 2024/938 , art. 2(2)(a) S. 100 in force at 1.2.2018 by S.I. 2018/1 , art. 2(a) S. 14 in force at 1.3.2021 by S.I. 2021/202 , art. 2 S. 62 in force at 29.11.2024 in so far as not already in force by S.I. 2024/1248 , art. 2(f) (with arts. 4 , 5 ) S. 60 in force at 13.9.2024 for specified purposes by S.I. 2024/938 , art. 2(1)(b) Sch. 3 para. 17 in force at 13.9.2024 for specified purposes by S.I. 2024/938 , art. 2(1)(k) Sch. 1 para. 3 in force at 29.9.2020 for specified purposes by S.I. 2020/1048 , art. 2(1)(h) S. 92 in force at 29.11.2024 by S.I. 2024/1248 , art. 2(gg) (with arts. 4 , 5 ) Sch. 3 para. 22 in force at 13.9.2024 for specified purposes by S.I. 2024/938 , art. 2(1)(k) Sch. 2 para. 5 in force at 1.3.2021 by S.I. 2021/202 , art. 2 Sch. 3 para. 22 in force at 29.11.2024 in so far as not already in force by S.I. 2024/1248 , art. 2(jj) (with arts. 4 , 5 ) S. 15 in force at 29.9.2020 by S.I. 2020/1048 , art. 2(2)(a) S. 20 in force at 1.3.2021 by S.I. 2021/202 , art. 2 Sch. 3 para. 12 in force at 29.11.2024 in so far as not already in force by S.I. 2024/1248 , art. 2(jj) (with arts. 4 , 5 ) Sch. 3 para. 6 in force at 29.11.2024 in so far as not already in force by S.I. 2024/1248 , art. 2(jj) (with arts. 4 , 5 ) Sch. 2 para. 2 in force at 1.3.2021 by S.I. 2021/202 , art. 2 Sch. 1 para. 12 in force at 1.3.2021 in so far as not already in force by S.I. 2021/202 , art. 2 S. 6 in force at 29.9.2020 for specified purposes by S.I. 2020/1048 , art. 2(1)(a) Sch. 3 para. 15 in force at 29.11.2024 in so far as not already in force by S.I. 2024/1248 , art. 2(jj) (with arts. 4 , 5 ) Sch. 2 para. 4 in force at 1.3.2021 by S.I. 2021/202 , art. 2 Sch. 3 para. 4 in force at 13.9.2024 for specified purposes by S.I. 2024/938 , art. 2(1)(k) S. 13 in force at 1.3.2021 by S.I. 2021/202 , art. 2 Sch. 3 para. 12 in force at 13.9.2024 for specified purposes by S.I. 2024/938 , art. 2(1)(k) Sch. 1 para. 2 in force at 1.3.2021 in so far as not already in force by S.I. 2021/202 , art. 2 Sch. 3 para. 17 in force at 29.11.2024 in so far as not already in force by S.I. 2024/1248 , art. 2(jj) (with arts. 4 , 5 ) Sch. 3 para. 19 in force at 13.9.2024 for specified purposes by S.I. 2024/938 , art. 2(1)(k) S. 28 in force at 1.3.2021 in so far as not already in force by S.I. 2021/202 , art. 2 Sch. 3 para. 6 in force at 13.9.2024 for specified purposes by S.I. 2024/938 , art. 2(1)(k) Sch. 3 para. 8 in force at 29.11.2024 in so far as not already in force by S.I. 2024/1248 , art. 2(jj) (with arts. 4 , 5 ) S. 80 in force at 29.11.2024 by S.I. 2024/1248 , art. 2(v) (with arts. 4 , 5 ) Sch. 3 para. 7 in force at 13.9.2024 for specified purposes by S.I. 2024/938 , art. 2(1)(k) Sch. 2 para. 8 in force at 1.3.2021 by S.I. 2021/202 , art. 2 S. 103 in force at 1.2.2018 by S.I. 2018/1 , art. 2(a) S. 94 in force at 1.2.2018 for specified purposes by S.I. 2018/1 , art. 2(b) S. 75 in force at 29.11.2024 by S.I. 2024/1248 , art. 2(r) (with arts. 4 , 5 ) Sch. 1 para. 8 in force at 1.3.2021 in so far as not already in force by S.I. 2021/202 , art. 2 S. 4 in force at 1.3.2021 by S.I. 2021/202 , art. 2 Sch. 3 para. 18 in force at 29.11.2024 in so far as not already in force by S.I. 2024/1248 , art. 2(jj) (with arts. 4 , 5 ) S. 27 in force at 29.9.2020 for specified purposes by S.I. 2020/1048 , art. 2(1)(f) Sch. 2 para. 6 in force at 1.3.2021 by S.I. 2021/202 , art. 2 S. 104 in force at 1.2.2018 by S.I. 2018/1 , art. 2(a) S. 8 in force at 1.3.2021 by S.I. 2021/202 , art. 2 S. 59 in force at 13.9.2024 for specified purposes by S.I. 2024/938 , art. 2(1)(a) Sch. 3 para. 16 in force at 29.11.2024 in so far as not already in force by S.I. 2024/1248 , art. 2(jj) (with arts. 4 , 5 ) S. 91 in force at 29.11.2024 by S.I. 2024/1248 , art. 2(ff) (with arts. 4 , 5 ) Sch. 1 para. 14 in force at 1.3.2021 in so far as not already in force by S.I. 2021/202 , art. 2 Sch. 1 para. 7 in force at 29.9.2020 for specified purposes by S.I. 2020/1048 , art. 2(1)(h) S. 111 in force at 1.4.2019 by S.I. 2019/829 , art. 2 Sch. 1 para. 10 in force at 29.9.2020 for specified purposes by S.I. 2020/1048 , art. 2(1)(h) Sch. 3 para. 10 in force at 13.9.2024 for specified purposes by S.I. 2024/938 , art. 2(1)(k) S. 18 in force at 1.3.2021 in so far as not already in force by S.I. 2021/202 , art. 2 S. 112 in force at 1.4.2019 by S.I. 2019/829 , art. 2 S. 70 in force at 13.9.2024 for specified purposes by S.I. 2024/938 , art. 2(1)(f) S. 65 in force at 29.11.2024 by S.I. 2024/1248 , art. 2(h) (with arts. 4 , 5 ) S. 69 in force at 13.9.2024 for specified purposes by S.I. 2024/938 , art. 2(1)(e) S. 96 in force at 1.2.2018 by S.I. 2018/1 , art. 2(a) Sch. 1 para. 17 in force at 1.3.2021 in so far as not already in force by S.I. 2021/202 , art. 2 Sch. 2 para. 3 in force at 1.3.2021 by S.I. 2021/202 , art. 2 S. 9 in force at 1.3.2021 by S.I. 2021/202 , art. 2 S. 6 in force at 1.3.2021 in so far as not already in force by S.I. 2021/202 , art. 2 Sch. 3 para. 14 in force at 13.9.2024 for specified purposes by S.I. 2024/938 , art. 2(1)(k) Sch. 3 para. 2 in force at 13.9.2024 for specified purposes by S.I. 2024/938 , art. 2(1)(k) Sch. 1 para. 6 in force at 29.9.2020 for specified purposes by S.I. 2020/1048 , art. 2(1)(h) S. 71 in force at 29.11.2024 in so far as not already in force by S.I. 2024/1248 , art. 2(n) (with arts. 4 , 5 ) Sch. 2 para. 9 in force at 1.3.2021 by S.I. 2021/202 , art. 2 Sch. 3 para. 10 in force at 29.11.2024 in so far as not already in force by S.I. 2024/1248 , art. 2(jj) (with arts. 4 , 5 ) S. 73 in force at 29.11.2024 by S.I. 2024/1248 , art. 2(p) (with arts. 4 , 5 ) Sch. 1 para. 14 in force at 29.9.2020 for specified purposes by S.I. 2020/1048 , art. 2(1)(h) Sch. 1 para. 17 in force at 29.9.2020 for specified purposes by S.I. 2020/1048 , art. 2(1)(h) S. 12 in force at 1.3.2021 by S.I. 2021/202 , art. 2 S. 24 in force at 1.3.2021 by S.I. 2021/202 , art. 2 Sch. 2 para. 17 in force at 1.3.2021 by S.I. 2021/202 , art. 2 Words in s. 110(1)(h) substituted (1.8.2024) by Tertiary Education and Research (Wales) Act 2022 (asc 1) , s. 148(2) , Sch. 4 para. 37 (with s. 19 ); S.I. 2024/806 , art. 2(k)(xx) (with art. 28 ) Sch. 1 para. 18 in force at 29.9.2020 for specified purposes by S.I. 2020/1048 , art. 2(1)(h) S. 102 in force at 1.2.2018 by S.I. 2018/1 , art. 2(a) S. 68 in force at 29.11.2024 by S.I. 2024/1248 , art. 2(k) (with arts. 4 , 5 ) S. 115 in force at 31.5.2018 by S.I. 2018/605 , art. 2(a) Sch. 3 para. 7 in force at 29.11.2024 in so far as not already in force by S.I. 2024/1248 , art. 2(jj) (with arts. 4 , 5 ) S. 19 in force at 1.3.2021 by S.I. 2021/202 , art. 2 Sch. 3 para. 9 in force at 29.11.2024 in so far as not already in force by S.I. 2024/1248 , art. 2(jj) (with arts. 4 , 5 ) S. 56 in force at 29.11.2024 by S.I. 2024/1248 , art. 2(a) (with arts. 4 , 5 ) S. 97 in force at 1.2.2018 by S.I. 2018/1 , art. 2(a) Sch. 3 para. 20 in force at 29.11.2024 in so far as not already in force by S.I. 2024/1248 , art. 2(jj) (with arts. 4 , 5 ) S. 11 in force at 29.9.2020 for specified purposes by S.I. 2020/1048 , art. 2(1)(c) S. 7 in force at 1.3.2021 by S.I. 2021/202 , art. 2 S. 16 in force at 29.9.2020 by S.I. 2020/1048 , art. 2(2)(b) S. 69 in force at 29.11.2024 in so far as not already in force by S.I. 2024/1248 , art. 2(l) (with arts. 4 , 5 ) Sch. 1 para. 16 in force at 1.3.2021 in so far as not already in force by S.I. 2021/202 , art. 2 S. 21 in force at 1.3.2021 by S.I. 2021/202 , art. 2 S. 29 in force at 1.3.2021 by S.I. 2021/202 , art. 2 Sch. 3 para. 2 in force at 29.11.2024 in so far as not already in force by S.I. 2024/1248 , art. 2(jj) (with arts. 4 , 5 ) Sch. 3 para. 8 in force at 13.9.2024 for specified purposes by S.I. 2024/938 , art. 2(1)(k) S. 99 in force at 1.2.2018 by S.I. 2018/1 , art. 2(a) Sch. 1 para. 5 in force at 29.9.2020 for specified purposes by S.I. 2020/1048 , art. 2(1)(h) S. 101 in force at 1.2.2018 by S.I. 2018/1 , art. 2(a) Sch. 2 para. 11 in force at 1.3.2021 by S.I. 2021/202 , art. 2 S. 95 in force at 1.2.2018 by S.I. 2018/1 , art. 2(a) Sch. 3 para. 23 in force at 13.9.2024 for specified purposes by S.I. 2024/938 , art. 2(1)(k) S. 27 in force at 1.3.2021 in so far as not already in force by S.I. 2021/202 , art. 2 Sch. 3 para. 15 in force at 13.9.2024 for specified purposes by S.I. 2024/938 , art. 2(1)(k) S. 25 in force at 1.3.2021 by S.I. 2021/202 , art. 2 Sch. 3 para. 1 in force at 29.11.2024 in so far as not already in force by S.I. 2024/1248 , art. 2(jj) (with arts. 4 , 5 ) S. 57 in force at 29.11.2024 by S.I. 2024/1248 , art. 2(b) (with arts. 4 , 5 ) S. 2 in force at 4.10.2017 by S.I. 2017/949 , art. 2(a) S. 5 in force at 1.3.2021 by S.I. 2021/202 , art. 2 Sch. 2 para. 14 in force at 1.3.2021 by S.I. 2021/202 , art. 2 Sch. 1 para. 16 in force at 29.9.2020 for specified purposes by S.I. 2020/1048 , art. 2(1)(h) Sch. 3 para. 5 in force at 13.9.2024 for specified purposes by S.I. 2024/938 , art. 2(1)(k) S. 69(2) excluded (29.11.2024) by The Special Procedures Approved Premises and Vehicles (Wales) Regulations 2024 (S.I. 2024/1229) , regs. 1(2) , 3 S. 82(1)-(4) in force at 29.8.2025 by S.I. 2024/1248 , art. 3(c) (with arts. 4 , 5 ) S. 61 in force at 29.8.2025 by S.I. 2024/1248 , art. 3(a) (with arts. 4 , 5 ) S. 77 in force at 29.8.2025 by S.I. 2024/1248 , art. 3(b) (with arts. 4 , 5 ) S. 85 in force at 29.8.2025 by S.I. 2024/1248 , art. 3(d) (with arts. 4 , 5 ) S. 110 in force at 19.9.2025 by S.I. 2025/1028 , art. 2 S. 108 in force at 19.9.2025 by S.I. 2025/1028 , art. 2 S. 109 in force at 19.9.2025 by S.I. 2025/1028 , art. 2
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[uk-legislation-anaw][anaw] 2025-10-14
http://www.legislation.gov.uk/anaw/2015/4/2025-09-10
http://www.legislation.gov.uk/anaw/2015/4/2025-09-10 Planning (Wales) Act 2015 An Act of the National Assembly for Wales to make provision about national, strategic and local development planning in Wales; to make provision for certain applications for planning permission and certain other applications to be made to the Welsh Ministers; to make other provision about development management and applications for planning permission; to make provision about planning enforcement, appeals and certain other proceedings; to amend the Commons Act 2006; and for connected purposes. text text/xml en Statute Law Database 2025-10-01 Expert Participation 2025-09-10 Planning (Wales) Act 2015 Deddf Cynllunio (Cymru) 2015 s. 1(6) Infrastructure (Wales) Act 2024 Deddf Seilwaith (Cymru) 2024 Sch. 3 para. 12(2) s. 84(5) s. 147(2) art. 3(l) Planning (Wales) Act 2015 Deddf Cynllunio (Cymru) 2015 s. 19 - 22 Infrastructure (Wales) Act 2024 Deddf Seilwaith (Cymru) 2024 Sch. 3 para. 12(3) s. 84(5) s. 147(2) art. 3(l) Planning (Wales) Act 2015 Deddf Cynllunio (Cymru) 2015 Sch. 4 para. 5 Infrastructure (Wales) Act 2024 Deddf Seilwaith (Cymru) 2024 Sch. 3 para. 12(4)(a) s. 84(5) s. 147(2) art. 3(l) Planning (Wales) Act 2015 Deddf Cynllunio (Cymru) 2015 Sch. 4 para. 6 Infrastructure (Wales) Act 2024 Deddf Seilwaith (Cymru) 2024 Sch. 3 para. 12(4)(b) s. 84(5) s. 147(2) art. 3(l) Planning (Wales) Act 2015 Deddf Cynllunio (Cymru) 2015 Sch. 4 para. 7 Infrastructure (Wales) Act 2024 Deddf Seilwaith (Cymru) 2024 Sch. 3 para. 12(4)(c)(i) s. 84(5) s. 147(2) art. 3(l) Planning (Wales) Act 2015 Deddf Cynllunio (Cymru) 2015 Sch. 4 para. 7 Infrastructure (Wales) Act 2024 Deddf Seilwaith (Cymru) 2024 Sch. 3 para. 12(4)(c)(ii) s. 84(5) s. 147(2) art. 3(l) Planning (Wales) Act 2015 Deddf Cynllunio (Cymru) 2015 Sch. 4 para. 7 Infrastructure (Wales) Act 2024 Deddf Seilwaith (Cymru) 2024 Sch. 3 para. 12(4)(c)(iii) s. 84(5) s. 147(2) art. 3(l) Planning (Wales) Act 2015 Deddf Cynllunio (Cymru) 2015 Sch. 4 para. 8 Infrastructure (Wales) Act 2024 Deddf Seilwaith (Cymru) 2024 Sch. 3 para. 12(4)(d) s. 84(5) s. 147(2) art. 3(l) Planning (Wales) Act 2015 Deddf Cynllunio (Cymru) 2015 Sch. 4 para. 9 Infrastructure (Wales) Act 2024 Deddf Seilwaith (Cymru) 2024 Sch. 3 para. 12(4)(d) s. 84(5) s. 147(2) art. 3(l) Planning (Wales) Act 2015 Deddf Cynllunio (Cymru) 2015 Sch. 4 para. 13 Infrastructure (Wales) Act 2024 Deddf Seilwaith (Cymru) 2024 Sch. 3 para. 12(4)(e) s. 84(5) s. 147(2) art. 3(l) Planning (Wales) Act 2015 Deddf Cynllunio (Cymru) 2015 Sch. 4 para. 14(b) Infrastructure (Wales) Act 2024 Deddf Seilwaith (Cymru) 2024 Sch. 3 para. 12(4)(f) s. 84(5) s. 147(2) art. 3(l) Planning (Wales) Act 2015 Deddf Cynllunio (Cymru) 2015 Sch. 4 para. 15(3)(c) Infrastructure (Wales) Act 2024 Deddf Seilwaith (Cymru) 2024 Sch. 3 para. 12(4)(g) s. 84(5) s. 147(2) art. 3(l) Planning (Wales) Act 2015 Deddf Cynllunio (Cymru) 2015 Sch. 4 para. 18 Infrastructure (Wales) Act 2024 Deddf Seilwaith (Cymru) 2024 Sch. 3 para. 12(4)(h)(i) s. 84(5) s. 147(2) art. 3(l) Planning (Wales) Act 2015 Deddf Cynllunio (Cymru) 2015 Sch. 4 para. 18 Infrastructure (Wales) Act 2024 Deddf Seilwaith (Cymru) 2024 Sch. 3 para. 12(4)(h)(ii) s. 84(5) s. 147(2) art. 3(l) Planning (Wales) Act 2015 Deddf Cynllunio (Cymru) 2015 Sch. 4 para. 20(2) Infrastructure (Wales) Act 2024 Deddf Seilwaith (Cymru) 2024 Sch. 3 para. 12(4)(i) (i) s. 84(5) s. 147(2) art. 3(l) Planning (Wales) Act 2015 Deddf Cynllunio (Cymru) 2015 Sch. 4 para. 20(3) Infrastructure (Wales) Act 2024 Deddf Seilwaith (Cymru) 2024 Sch. 3 para. 12(4)(i) (ii) s. 84(5) s. 147(2) art. 3(l) Planning (Wales) Act 2015 Deddf Cynllunio (Cymru) 2015 Sch. 4 para. 20(4) Infrastructure (Wales) Act 2024 Deddf Seilwaith (Cymru) 2024 Sch. 3 para. 12(4)(i) (iii) s. 84(5) s. 147(2) art. 3(l) Planning (Wales) Act 2015 Deddf Cynllunio (Cymru) 2015 Sch. 4 para. 21 Infrastructure (Wales) Act 2024 Deddf Seilwaith (Cymru) 2024 Sch. 3 para. 12(4)(j) s. 84(5) s. 147(2) art. 3(l) Planning (Wales) Act 2015 Deddf Cynllunio (Cymru) 2015 Sch. 4 para. 22 Infrastructure (Wales) Act 2024 Deddf Seilwaith (Cymru) 2024 Sch. 3 para. 12(4)(k) s. 84(5) s. 147(2) art. 3(l) Planning (Wales) Act 2015 Deddf Cynllunio (Cymru) 2015 Sch. 4 para. 23(2) Infrastructure (Wales) Act 2024 Deddf Seilwaith (Cymru) 2024 Sch. 3 para. 12(4)(l) s. 84(5) s. 147(2) art. 3(l) Planning (Wales) Act 2015 2015 anaw 4 An Act of the National Assembly for Wales to make provision about national, strategic and local development planning in Wales; to make provision for certain applications for planning permission and certain other applications to be made to the Welsh Ministers; to make other provision about development management and applications for planning permission; to make provision about planning enforcement, appeals and certain other proceedings; to amend the Commons Act 2006; and for connected purposes. {6 July 2015} Having been passed by the National Assembly for Wales and having received the assent of Her Majesty, it is enacted as follows: PART 1 INTRODUCTION Overview of this Act 1 1 This Part provides an overview of this Act. 2 Part 2 of this Act makes provision about sustainable development in the exercise of functions relating to development planning and applications for planning permission. 3 Part 3 of this Act is about development planning in Wales. It makes provision— a for the preparation and revision of a National Development Framework for Wales; b for the designation of strategic planning areas, the establishment of strategic planning panels and the preparation of strategic development plans; c about the status of the National Development Framework for Wales and strategic development plans; d about local development plans (including provision about the duration of plans, withdrawal of plans and directions to prepare joint plans); e for joint planning boards to exercise development planning functions. 4 Part 3 also makes provision about the constitution and financial arrangements of strategic planning panels. 5 Part 4 of this Act makes provision about— a consultation to be carried out by a prospective applicant for planning permission; b pre-application services that are to be provided by a local planning authority or the Welsh Ministers. 6 Part 5 of this Act is about the making of certain applications to the Welsh Ministers. It makes provision— a for applications for planning permission for development of national significance in Wales to be made to the Welsh Ministers instead of a local planning authority; b for certain other applications to be made to either the Welsh Ministers or a local planning authority. 7 Part 5 also makes provision— a for certain functions of the Welsh Ministers, in respect of applications made to them, to be exercised by an appointed person; b for further amendments to existing legislation in connection with the making of applications to the Welsh Ministers. 8 Part 6 of this Act is about development management and associated matters. It makes provision about— a requirements relating to planning applications, including provision for appeals where a local planning authority give notice that an application is not valid; b notices of decisions to grant planning permission; c notification of beginning development for which permission has been granted; d the duration of planning permission; e consultation in respect of applications for approval of reserved matters and certain other applications; f arrangements to be made by local planning authorities for discharging their functions relating to planning applications. 9 Part 6 also— a applies to Wales existing statutory provision about circumstances in which a local planning authority may decline to determine a retrospective application; b makes provision about the stopping up of public paths; c makes provision about the functions of joint planning boards and about the power of the Welsh Ministers to establish joint planning boards. 10 Part 7 of this Act is about enforcement, appeals and certain other planning proceedings. It makes provision— a enabling local planning authorities to issue enforcement warning notices; b about circumstances in which a person who appeals against an enforcement notice is deemed to have applied for planning permission; c about circumstances in which a person may not appeal against the refusal of an application for planning permission or against an enforcement notice; d preventing the variation of certain applications once notice of an appeal has been served; e for appeals against notices in respect of land adversely affecting amenity to be made to the Welsh Ministers; f about the procedure for certain proceedings and the payment and award of costs. 11 Part 8 is about town and village greens. It makes provision— a restricting the circumstances in which applications to register land as a town or village green may be made; b about the determination of fees in relation to applications. 12 Part 9 contains provisions that apply generally for the purposes of this Act (including provision about the making of subordinate legislation by the Welsh Ministers and about the interpretation and coming into force of the Act). PART 2 SUSTAINABLE DEVELOPMENT Sustainable development 2 1 This section applies to the exercise by the Welsh Ministers, a local planning authority in Wales or any other public body— a of a function under Part 6 of PCPA 2004 in relation to the National Development Framework for Wales, a strategic development plan or a local development plan; b of a function under Part 3 of TCPA 1990 in relation to an application for planning permission made (or proposed to be made) to the Welsh Ministers or to a local planning authority in Wales. 2 The function must be exercised, as part of carrying out sustainable development in accordance with the Well-being of Future Generations (Wales) Act 2015 (anaw 2), for the purpose of ensuring that the development and use of land contribute to improving the economic, social, environmental and cultural well-being of Wales. 3 In complying with subsection (2), a public body must take into account guidance issued by the Welsh Ministers (including relevant guidance issued under section 14 of the Well-being of Future Generations (Wales) Act 2015). 4 In this section, “ public body ” has the meaning given by section 6 of the Well-being of Future Generations (Wales) Act 2015. 5 Nothing in this section, as it applies in relation to functions under Part 3 of TCPA 1990, alters— a whether regard is to be had to any particular consideration under subsection (2) of section 70 of that Act (determination of applications for planning permission), or b the weight to be given to any consideration to which regard is had under that subsection. 6 In section 39 of PCPA 2004 (sustainable development)— a in subsection (1), omit paragraph (c); b in subsection (3), omit paragraph (b). PART 3 DEVELOPMENT PLANNING National Development Framework for Wales Preparing and revising the National Development Framework for Wales 3 In PCPA 2004, for section 60 (and the cross-heading before it) substitute— National Development Framework National Development Framework for Wales 60 1 There must be a plan, prepared and published by the Welsh Ministers, to be known as the National Development Framework for Wales. 2 The Framework must set out such of the policies of the Welsh Ministers in relation to the development and use of land in Wales as the Welsh Ministers consider appropriate. 3 The Framework may specify that development of a particular description, in a particular area or location, is to constitute development of national significance for the purposes of section 62D of the principal Act (development of national significance: applications to be made to Welsh Ministers). 4 The Framework must give reasons for— a the policies that it sets out, and b any provision that it makes as mentioned in subsection (3). 5 The Framework must explain how, in preparing the Framework, the Welsh Ministers have taken into account relevant policies set out in— a any marine plan adopted and published by them under Part 3 of the Marine and Coastal Access Act 2009, and b the Wales Transport Strategy published under section 2 of the Transport (Wales) Act 2006. 6 The Framework must specify the period for which it is to have effect. 7 A plan ceases to be the National Development Framework for Wales on the expiry of the period specified under subsection (6). Preparation of Framework: statement of public participation 60A 1 The Welsh Ministers must prepare and publish a statement of public participation setting out their policies relating to the consultation to be carried out in preparing the National Development Framework for Wales. 2 In particular, the statement must include provision about— a the form that the consultation will take, b when the consultation will take place, and c the steps that will be taken to involve members of the public in the preparation of the Framework. 3 The statement must provide that, as part of the consultation, the Welsh Ministers will— a publish a draft of the Framework, and b allow a period of 12 weeks beginning with the publication of the draft Framework during which any person may make representations with regard to the draft. 4 The Welsh Ministers may revise the statement, and must publish the statement as revised. Procedure for preparation and publication of Framework 60B 1 Before publishing the National Development Framework for Wales, the Welsh Ministers must— a prepare a draft of the Framework, b carry out an appraisal of the sustainability of the policies set out in the draft, and c carry out consultation in accordance with the statement of public participation. 2 The appraisal under subsection (1)(b) must include an assessment of the likely effects of the policies in the draft Framework on the use of the Welsh language. 3 If, after complying with subsection (1), the Welsh Ministers wish to proceed with the draft of the Framework (with or without changes), they must lay before the National Assembly for Wales— a the draft, and b a report which— i summarises the representations they received during the consultation carried out under subsection (1)(c), and ii explains how they have taken the representations into account. 4 The Welsh Ministers must have regard to— a any resolution passed by the National Assembly for Wales with regard to the draft Framework during the Assembly consideration period, and b any recommendation made by a committee of the National Assembly with regard to the draft during that period. 5 After the expiry of the Assembly consideration period, the Welsh Ministers— a may publish the National Development Framework for Wales in the terms of the draft laid under subsection (3), or b if they propose to make changes to that draft, may— i lay before the National Assembly for Wales an amended draft of the Framework, and ii publish the National Development Framework for Wales in the terms of the amended draft. 6 If any resolution was passed or any recommendation was made as mentioned in subsection (4), the Welsh Ministers must also, not later than the day on which the Framework is published, lay before the National Assembly for Wales a statement explaining how they have had regard to the resolution or recommendation. 7 In this section, “ the Assembly consideration period ” means the period of 60 days beginning with the day on which a draft of the Framework is laid before the National Assembly for Wales under subsection (3), disregarding any time when the National Assembly is dissolved or is in recess for more than four days. Review and revision of Framework 60C 1 The Welsh Ministers must keep the National Development Framework for Wales under review. 2 The Welsh Ministers may revise the Framework at any time, and must publish the Framework as revised. 3 Sections 60A and 60B apply for the purposes of the revision of the Framework, as if references to the Framework (or a draft of the Framework) were references to the Framework as revised (or a draft of the Framework as revised). 4 Subsection (5) applies if the Welsh Ministers, having published a draft of a revised Framework in accordance with the statement of public participation, decide not to proceed with the revision of the Framework. 5 The Welsh Ministers must— a publish notice of their decision and the reasons for it, and b if a draft of a revised Framework has been laid before the National Assembly for Wales under section 60B(3), lay a copy of the notice before the National Assembly. 6 Subsection (7) applies if— a a review period ends, and b the Welsh Ministers have not, within that period— i published a revised Framework, or ii laid a draft revised Framework before the National Assembly for Wales under section 60B(3). 7 As soon as reasonably practicable after the end of the review period, the Welsh Ministers must publish and lay before the National Assembly for Wales a statement— a setting out their assessment of whether the Framework should be revised and giving reasons for that assessment, and b if they consider that the Framework should be revised, setting out a timetable for its revision. 8 For the purposes of subsections (6) and (7)— a the first review period— i begins with the day on which the Framework is first published, and ii ends with the fifth anniversary of the day on which the Framework is first published or, if earlier, with the day on which a revised Framework is published; b each subsequent review period— i begins with the day after the last day of the preceding review period, and ii ends with the fifth anniversary of the last day of the preceding review period or, if earlier, with the day on which a revised Framework is published. ... Designating strategic planning areas and establishing strategic planning panels 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Strategic planning areas: survey 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Preparing and revising strategic development plans 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Status of National Development Framework and strategic development plans Conformity of certain plans and schemes with National Development Framework and strategic development plan 7 1 In section 62 of PCPA 2004 (local development plan), after subsection (3) insert— 3A The plan must be in general conformity with— a the National Development Framework for Wales, and b the strategic development plan for any strategic planning area that includes all or part of the area of the authority. 2 In section 83 of TCPA 1990 (making of simplified planning zone schemes), after subsection (3) insert— 3A A simplified planning zone scheme for an area in Wales must be in general conformity with— a the National Development Framework for Wales (see sections 60 to 60C of the Planning and Compulsory Purchase Act 2004), and b the strategic development plan for any strategic planning area that includes all or part of the simplified planning zone (see sections 60I and 60J of that Act). Duty to consider whether to review local development plan 8 1 In PCPA 2004, after section 68 insert— Duty to consider whether to review local development plan 68A 1 Following the publication of the National Development Framework for Wales or a revised Framework, a local planning authority must consider whether to carry out a review of their local development plan. 2 Following the adoption or approval of a strategic development plan or revised strategic development plan for a strategic planning area, a local planning authority for an area all or part of which is included in the strategic planning area must consider whether to carry out a review of their local development plan. 2 In section 69 of PCPA 2004 (review of local development plan), in subsection (1), for “at such times as the Assembly prescribes” substitute — a if, after consideration under section 68A, they think that the plan should be reviewed, and b at such other times as the Welsh Ministers prescribe . National Development Framework and strategic development plan to form part of development plan 9 In section 38 of PCPA 2004 (development plan), in subsection (4) (areas in Wales), for “the local development plan adopted or approved in relation to that area” substitute — a the National Development Framework for Wales, b the strategic development plan for any strategic planning area that includes all or part of that area, and c the local development plan for that area . Blighted land Land affected by National Development Framework or strategic development plan 10 1 Schedule 13 to TCPA 1990 (blighted land) is amended as set out in subsections (2) to (6). 2 In paragraph 1B (land in Wales identified for the purposes of relevant public functions by a local development plan), after “local development plan” insert “ or strategic development plan ” . 3 In Note (1) to that paragraph, for “National Assembly for Wales” substitute “ Welsh Ministers ” . 4 In Note (2) to that paragraph— a in the opening words and in paragraph (a), after “local development plan” insert “ or strategic development plan ” ; b in paragraph (b), for “a local development plan” substitute “ such a plan ” ; c in paragraph (c)— i after “local development plan” insert “ or strategic development plan ” ; ii for “National Assembly” substitute “ Welsh Ministers ” ; d in paragraph (d)— i for “a local development plan” substitute “ such a plan ” ; ii for “National Assembly” substitute “ Welsh Ministers ” . 5 In Note (4) to that paragraph— a omit “local development”; b for “National Assembly”, in each place, substitute “ Welsh Ministers ” . 6 After paragraph 1B insert— 1C Land in Wales which is identified for the purposes of relevant public functions (within the meaning of paragraph 1B) by the National Development Framework for Wales. Notes In this paragraph, the reference to the National Development Framework for Wales is a reference to— the National Development Framework for Wales, or a revised Framework, which is published under sections 60 to 60C of the Planning and Compulsory Purchase Act 2004, and a draft of the Framework, or of a revised Framework, which has been laid before the National Assembly for Wales under section 60B(3) of that Act. This paragraph does not apply to land that falls within paragraph 1B. Note (1)(b) ceases to apply in relation to a draft of a revised Framework if the Welsh Ministers lay before the National Assembly for Wales a copy of a notice that they have decided not to proceed with the revision of the Framework. 7 In TCPA 1990, after the cross-heading before section 165 insert— Power of Welsh Ministers to acquire land identified by National Development Framework for Wales where blight notice served 164A Where a blight notice has been served in respect of land falling within paragraph 1C of Schedule 13, the Welsh Ministers have power to acquire compulsorily any interest in the land in pursuance of the blight notice served by virtue of that paragraph. 8 In section 170 of TCPA 1990 (“appropriate enactment” for purposes of blight provisions)— a in subsection (2), after “land falling within paragraph” insert “ 1B, 1C, ” ; b after subsection (2) insert— 2A In relation to land falling within— a paragraph 1B of that Schedule by virtue of Note (2)(c) or (d) to that paragraph, or b paragraph 1C of that Schedule by virtue of Note (1)(b) to that paragraph, “the appropriate enactment” is to be determined in accordance with subsection (2) as if references in that subsection to the development plan were references to any such plan, revision or draft as is mentioned in the Note in question. Local development plans Welsh language 11 1 PCPA 2004 is amended as follows. 2 In section 61 (survey), in subsection (2)(a), after “area of the authority” insert “ (including the extent to which the Welsh language is used in the area) ” . 3 In section 62 (local development plan), after subsection (6) (sustainability appraisal), insert— 6A The appraisal must include an assessment of the likely effects of the plan on the use of the Welsh language in the area of the authority. Period for which local development plan has effect 12 1 Section 62 of PCPA 2004 (local development plan) is amended as follows. 2 Before subsection (4) insert— 3B The plan must specify the period for which it is to have effect. 3 In subsection (4), after “may” insert — a make provision about the period that may be specified under subsection (3B); b . 4 After subsection (8) insert— 9 A plan ceases to be a local development plan on the expiry of the period specified under subsection (3B). Withdrawal of local development plan 13 For section 66 of PCPA 2004 (withdrawal of local development plan) substitute— Withdrawal of local development plan in accordance with direction 66 1 The Welsh Ministers may, at any time before a local development plan is adopted under section 67, direct the local planning authority to withdraw the plan. 2 If the Welsh Ministers give a direction under subsection (1), they must state their reasons for doing so. 3 The authority must withdraw the plan in accordance with the direction. Withdrawal of local development plan in absence of direction 66A 1 This section applies where a local planning authority are not required to withdraw their local development plan under section 66. 2 Subject to the provisions of this section, the authority may withdraw the plan at any time before adopting it under section 67. 3 A local planning authority may not withdraw their local development plan when the Welsh Ministers have— a directed the authority to submit the plan for approval under section 65(4), or b taken any step under section 71 in connection with the plan. 4 A local planning authority may withdraw a local development plan that has been submitted for independent examination under section 64 only if— a the person carrying out the independent examination recommends that the plan is withdrawn, and b the recommendation is not overruled by a direction given by the Welsh Ministers. 5 A local planning authority may withdraw a local development plan to which subsection (6) applies only if— a the authority have given notice to the Welsh Ministers of their intention to withdraw the plan, and b the notice period has expired. 6 This subsection applies to a local development plan if the local planning authority— a have not yet submitted the plan for independent examination under section 64, but b have taken steps in connection with the preparation of the plan that are specified in regulations made by the Welsh Ministers. 7 Where a local planning authority have given notice under subsection (5)(a), the Welsh Ministers may, by direction to the authority, do either or both of the following— a require the authority to provide further information; b extend the notice period. 8 The Welsh Ministers may by regulations make provision about the giving of notices and directions under this section (including provision about their form and content and how they are to be given). 9 Subject to any direction given under subsection (7)(b) in a particular case, the “ notice period ” means whatever period, beginning with the giving of notice under subsection (5)(a), is specified in regulations made by the Welsh Ministers. Welsh Ministers' power to direct preparation of joint local development plan 14 1 Section 72 of PCPA 2004 (joint local development plans) is amended as follows. 2 Before subsection (1) insert— A1 The Welsh Ministers may direct two or more local planning authorities to prepare a joint local development plan. A2 But a direction under subsection (A1) may not be given to a National Park authority. 3 In subsection (1), after “may” insert “ , in the absence of a direction to any of them under subsection (A1), ” . 4 After subsection (1) insert— 1A If the Welsh Ministers give a direction under subsection (A1), they must state their reasons for doing so. 1B The authorities to which a direction is given must, subject to any withdrawal or variation of the direction, act jointly in exercising their functions under this Part relating to local development plans. 5 In subsection (3), after “mentioned in subsection” insert “ (A1) or ” . 6 In subsection (4), after “if” insert — a the Welsh Ministers withdraw a direction under subsection (A1) or vary such a direction so that it ceases to apply to a local planning authority, or b . 7 In subsection (5)— a in paragraph (a), after “authority” insert “ to which the direction was given or ” ; b in paragraph (b), for “who” substitute “ to which the direction was given or which ” . 8 In subsection (6), after “to which the” insert “ direction or ” . 9 In subsection (7), after “authority” insert “ to which the direction was given or ” . 10 After subsection (7) insert— 7A The Welsh Ministers may by regulations— a specify circumstances in which subsections (5) and (7) are not to apply in relation to an authority; b make provision as to what is a corresponding plan or corresponding joint local development plan. Joint planning boards: functions relating to surveys and local development plans 15 1 PCPA 2004 is amended as follows. 2 In section 78 (interpretation of Part 6), for subsection (3) substitute— 3 But— a a National Park authority is the local planning authority for the whole of its area; b a joint planning board is the local planning authority for the whole of its united district (and references to the area of a local planning authority are, in relation to such a board, to be construed as references to its united district). 3 In section 62 (local development plan), in subsection (7) (relevant local well-being plan), after paragraph (b) insert— c in the case of an authority which is a joint planning board, the public services board for an area that includes any part of that authority's united district. General Development planning: further amendments 16 For further amendments relating to development planning, see Schedule 2. PART 4 PRE-APPLICATION PROCEDURE Requirement to carry out pre-application consultation 17 1 TCPA 1990 is amended as follows. 2 After section 61Y insert— Wales: pre-application procedure Wales: requirement to carry out pre-application consultation 61Z 1 This section applies where— a a person (the “applicant”) proposes to make an application for planning permission for the development of land within the area of a local planning authority in Wales, and b the proposed development is development of a description specified in a development order. 2 The applicant must carry out consultation on the proposed application in accordance with subsections (3) and (4). 3 The applicant must publicise the proposed application in such manner as the applicant reasonably considers likely to bring it to the attention of a majority of the persons who own or occupy premises in the vicinity of the land. 4 The applicant must consult each specified person about the proposed application. 5 Publicity under subsection (3) must— a set out how the applicant may be contacted by persons wishing to comment on the proposed development; b give such information about the proposed timetable for the consultation as is sufficient to ensure that persons wishing to comment on the proposed development may do so in good time. 6 For the purposes of subsection (4), a specified person is a person specified in, or a person of a description specified in, a development order. 7 Subsection (2) does not apply— a if the proposed application is an application under section 293A, or b in cases specified in a development order. 8 A development order may make provision about, or in connection with, consultation required to be carried out under this section (including by way of publicising an application under subsection (3)). 9 That provision may include — a provision about how the consultation is to be carried out (including about the form and content of documents, and information and other materials that are to be provided to a person for the purposes of, or in connection with, the consultation); b provision about responding to the consultation (including provision requiring a person consulted to respond to the consultation, or to respond to the consultation in a particular way, or to respond within a particular time); c provision about the timetable (including deadlines) for consultation; d provision for a person consulted by virtue of subsection (4) to make a report to the Welsh Ministers about the person's compliance with any requirement imposed by virtue of paragraph (b) or (c) (including provision as to the form and content of the report and the time at which it is to be made). 3 In section 62 (applications for planning permission), after subsection (8) insert— 9 In subsection (10), a “ relevant Welsh application ” means an application for planning permission, in a case where a person— a has been required by section 61Z to carry out consultation on a proposed application for planning permission for the development of land, and b is going ahead with making an application for planning permission for the development (whether or not in the same terms as the proposed application). 10 A development order must require a relevant Welsh application to be accompanied by a report (the “pre-application consultation report”) giving particulars of— a how the applicant complied with section 61Z; b any responses to the consultation received from persons consulted under section 61Z(3) or (4); c the account taken of those responses. 11 A development order may make provision about the form and content of the pre-application consultation report. 4 In the title of section 61W, for “Requirement” substitute “ England: requirement ” . 5 In the cross-heading before that section, for “Consultation” substitute “ England: consultation ” . Requirement to provide pre-application services 18 In TCPA 1990, after section 61Z (as inserted by section 17) insert— Wales: pre-application services 61Z1 1 The Welsh Ministers may by regulations make provision for and in connection with the provision of pre-application services by a local planning authority in Wales or the Welsh Ministers. 2 Regulations under this section may, in particular, make provision— a about circumstances in which pre-application services are required to be provided (including provision about the form and content of requests for pre-application services, and information that is to accompany a request); b about the nature of the services required to be provided, and when and how they are to be provided; c for information and documents relating to services provided under the regulations, or relating to requests for such services, to be published or otherwise made available to the public, or to persons specified in the regulations, by a local planning authority or the Welsh Ministers; d about other steps required to be taken by any person in connection with, or for the purposes of, the provision of services under the regulations. 3 References in this section and section 61Z2 to pre-application services are to services provided to a person, in respect of a qualifying application proposed to be made by the person in respect of the development of land in Wales, for the purpose of assisting the person in making the application. 4 A “qualifying application” is an application, under or by virtue of this Part, that is of a description specified in regulations made by the Welsh Ministers. Pre-application services: records and statement of services 61Z2 1 The Welsh Ministers may by regulations make provision requiring— a records to be kept of requests for pre-application services; b records to be kept of pre-application services provided; c a statement, giving information about the range of pre-application services provided by an authority or the Welsh Ministers, to be prepared and published or otherwise made available. 2 The regulations may, in particular, include provision about— a the form and content of the records to be kept; b the form and content of the statement; c the way in which records are to be kept; d the publication of the statement and the persons to whom, and circumstances in which, it is to be made available. 3 Regulations under this section or section 61Z1 may contain incidental, supplementary and consequential provision. PART 5 APPLICATIONS TO WELSH MINISTERS Developments of national significance Developments of national significance: applications for planning permission 19 In TCPA 1990, after section 62C insert— Wales: developments of national significance Developments of national significance: applications to be made to Welsh Ministers 62D 1 A nationally significant development application is to be made to the Welsh Ministers instead of to the local planning authority. 2 A nationally significant development application is an application for planning permission for the development of land in Wales, where the development to which the application relates is of national significance. 3 Development is of national significance for this purpose if it meets criteria specified in regulations made by the Welsh Ministers for the purposes of this section. 4 Development is also of national significance for this purpose if it is development that the National Development Framework for Wales specifies, under section 60(3) of the Planning and Compulsory Purchase Act 2004, is to constitute development of national significance for the purposes of this section. 5 The planning permission that may be granted on an application under this section does not include outline planning permission (and for this purpose “ outline planning permission ” has the meaning given in section 92). 6 An application within subsection (7) is not to be treated as being a nationally significant development application, unless it is an application of a description prescribed in regulations made by the Welsh Ministers. 7 An application is within this subsection if it is an application for planning permission for the development of land without complying with conditions subject to which a previous planning permission was granted. Notification of proposed application under section 62D 62E 1 A person who proposes to make an application to the Welsh Ministers under section 62D must notify the following of the proposed application— a the Welsh Ministers, and b the local planning authority to which, but for section 62D, the application would be made. 2 The notification must comply with any requirements specified in a development order. 3 Those requirements may include requirements as to— a the form and content of a notification; b information that is to accompany the notification (including information about secondary consents in respect of which the person considers a decision should be made by the Welsh Ministers under section 62F, or otherwise relating to secondary consents); c the way in which and time in which the notification is to be given. 4 On receiving notification of an application from a person in accordance with this section, the Welsh Ministers must give notice to the person that the notification has been accepted. 5 Any step taken in respect of an application that is proposed to be made under section 62D, if taken before the date on which notice is given under subsection (4) in respect of the application, is not to be treated for the purposes of this Act as constituting consultation with any person about the application. 6 A development order may make provision about the giving of notice by the Welsh Ministers under subsection (4). 7 That provision may include provision— a about the form and content of the notice to be given under subsection (4); b about the way in which it is to be given; c about the period within which it is to be given (including provision about circumstances in which the Welsh Ministers may extend that period in a particular case). 8 In this section and sections 62F and 62G, “ secondary consent ” has the meaning given in section 62H. Developments of national significance: secondary consents 20 In TCPA 1990, after section 62E (as inserted by section 19) insert— Developments of national significance: secondary consents 62F 1 Subsections (2) to (5) apply where— a an application (a “section 62D application”) is made to the Welsh Ministers under section 62D, and b the Welsh Ministers consider that— i a secondary consent is connected to the section 62D application, and ii having regard to their functions in respect of that section 62D application, the decision on that consent should be made by them. 2 Where the decision in respect of the secondary consent would (but for this section) be made by a person other than the Welsh Ministers, it is to be made by the Welsh Ministers. 3 For this purpose— a any application that is required to be made in respect of the secondary consent, and has not yet been made, is to be made to the Welsh Ministers instead of the person to whom it would otherwise be made, and b if an application has already been made in respect of the secondary consent to a person other than the Welsh Ministers, it is to be referred to the Welsh Ministers instead of being dealt with by that person. 4 Subject to the following provisions of this Act, in a case where (but for this section) the secondary consent would have been dealt with by another person, the secondary consent is to be dealt with by the Welsh Ministers as though the Welsh Ministers were that person. 5 The decision of the Welsh Ministers on the secondary consent is final. 6 A secondary consent is connected to a section 62D application, for the purposes of this section, if the secondary consent— a is required in order for the development to which the section 62D application relates to be carried out, b would facilitate the carrying out of that development, or c would facilitate any re-development or improvement, or the achievement of any other purpose, carried out on or in relation to land in connection with that development. Developments of national significance: supplementary provision about secondary consents 62G 1 The Welsh Ministers may give directions requiring the relevant person to do things in relation to a secondary consent in respect of which, by virtue of section 62F(2), a decision is to be made by the Welsh Ministers. 2 The relevant person is the person by whom (but for section 62F) the decision as to whether to grant the secondary consent would have been made. 3 The power to give directions under this section includes power to vary or revoke the directions. 4 Regulations made by the Welsh Ministers may make provision for regulating the manner in which a secondary consent, or an application for secondary consent, is to be dealt with by the Welsh Ministers under section 62F. 5 That provision may include provision— a about consultation to be carried out by the Welsh Ministers before a secondary consent is granted or refused; b requiring a person to provide a substantive response to any consultation carried out by virtue of the regulations (including about the requirements of a substantive response and the period within which it is to be provided). 6 Regulations made by the Welsh Ministers may provide for an applicable enactment or requirement— a to apply, with or without modifications, in respect of a secondary consent within subsection (1), or an application for such a consent, or b not to apply in respect of such a consent or application. 7 For this purpose an applicable enactment or requirement, in relation to a secondary consent within subsection (1), or an application for such a consent, is— a any provision of or made under this Act, or of or made under any other enactment, in respect of consents of that kind; b any requirements imposed by or under this Act, or any other enactment, in respect of consents of that kind. Developments of national significance: meaning of secondary consent 62H 1 For the purposes of this Act, a “secondary consent” is— a a consent that is required under legislation, or is given under legislation, and that relates to, or is given in connection with, the development or use of land in Wales, or b a notice that is required by legislation to be given in relation to, or in connection with, the development or use of land in Wales, and which, in either case, is of a description prescribed by regulations made by the Welsh Ministers. 2 A description of consent or notice may be prescribed under subsection (1) only if— a provision for that consent or notice would be within the legislative competence of the National Assembly for Wales, if the provision were contained in an Act of the National Assembly, and b the consent or notice is one that legislation provides is to be given by a body exercising functions of a public nature (whether or not the body also exercises any other function). 3 For the purposes of subsection (1)— a references to a consent include references to a permit, certificate, licence or other authorisation; b “ legislation ” means any of the following (whenever enacted or made)— i an Act of Parliament; ii a Measure or Act of the National Assembly for Wales; iii subordinate legislation within the meaning of the Interpretation Act 1978 (including subordinate legislation made under an Act of Parliament or a Measure or Act of the National Assembly for Wales). Developments of national significance: local impact reports 21 In TCPA 1990, after section 62H (as inserted by section 20) insert— Requirement to submit local impact report 62I 1 This section applies where— a an application has been made to the Welsh Ministers under section 62D, and b the Welsh Ministers have taken steps, in respect of the application, that are specified in a development order for the purposes of this section. 2 The Welsh Ministers must give notice in writing to each relevant local planning authority, requiring the authority to submit a local impact report in respect of the application to the Welsh Ministers. 3 The notice must specify the deadline for receipt of the report by the Welsh Ministers. 4 An authority to which notice is given under this section must comply with it. 5 A local planning authority is a relevant local planning authority for the purposes of subsection (2) if the land to which the application relates, or any part of that land, is in the authority's area. Duty to have regard to local impact report 62J 1 In dealing with an application made to them under section 62D, the Welsh Ministers must have regard to any local impact report submitted to them by a local planning authority, in respect of the application, pursuant to a notice under section 62I. 2 In dealing with the application, the Welsh Ministers must also have regard to any voluntary local impact report submitted to them in respect of the application. 3 A voluntary local impact report is a local impact report submitted— a by a local planning authority in Wales otherwise than pursuant to a notice under section 62I, or b by a community council. 4 A development order may make provision about the submission of voluntary local impact reports to the Welsh Ministers (including provision about the manner in which a voluntary impact report is to be submitted, and the time at which it may be submitted). 5 The duty imposed by subsection (2) does not apply in respect of a voluntary local impact report submitted otherwise than in accordance with any provision made as described in subsection (4). Local impact report: supplementary 62K 1 For the purposes of sections 62I and 62J, a local impact report, in respect of an application, is a report in writing that— a gives details of the likely impact of the proposed development on the area (or any part of the area) of the local planning authority or community council submitting the report, and b complies with any requirements specified in a development order as to the form and content of local impact reports (including any requirements specified as to information to be provided in respect of secondary consents). 2 For this purpose the “proposed development” is the development in respect of which the application in question is made. Timetable for determining applications 22 In TCPA 1990, after section 62K (as inserted by section 21) insert— Timetable for determining applications 62L 1 This section applies where an application has been made to the Welsh Ministers under section 62D. 2 The Welsh Ministers must determine the application, and make any decision that is to be made by them by virtue of section 62F(2), before the end of the determination period. 3 The determination period is the period of 36 weeks beginning with the date on which the application under section 62D is accepted by the Welsh Ministers. 4 A development order may make provision about what constitutes acceptance of an application for the purposes of subsection (3). 5 The Welsh Ministers may by notice— a suspend the running of the determination period in a particular case for a period specified in the notice; b terminate, reduce or extend an existing period of suspension. 6 Notice under subsection (5) must be given to— a the person who made the application under section 62D, b the local planning authority to which, but for section 62D, that application would have been made, and c any representative persons (within the meaning of section 319B(8A)) the Welsh Ministers consider appropriate. 7 A development order may make provision about the giving of notice under subsection (5) (including provision about the information to be included in the notice and how and when it is to be given). 8 The Welsh Ministers must lay before the National Assembly for Wales annual reports on— a their compliance with the duty imposed by subsection (2), and b their exercise of the functions conferred by subsection (5). 9 The Welsh Ministers may by order amend subsection (3) to substitute a different period as the determination period. Option to make application to Welsh Ministers Option to make application to Welsh Ministers 23 In TCPA 1990, after section 62L (as inserted by section 22) insert— Wales: option to make application to Welsh Ministers Option to make application directly to Welsh Ministers 62M 1 If the following conditions are met, a qualifying application that would otherwise have to be made to the local planning authority may (if the applicant so chooses) instead be made to the Welsh Ministers. 2 The first condition is that the local planning authority is designated by the Welsh Ministers for the purposes of this section. 3 The second condition is that— a the development to which the application relates, in the case of a qualifying application within subsection (4)(a), or b the development for which the outline planning permission has been granted, in the case of a qualifying application within subsection (4)(b), is development of a description prescribed by regulations made by the Welsh Ministers. 4 A qualifying application, for the purposes of this section, is— a an application for planning permission for the development of land in Wales, provided that the development to which it relates is not development of national significance for the purposes of section 62D; b an application for approval of a matter that, for the purposes of section 92, is a reserved matter in the case of an outline planning permission for the development of land in Wales. 5 But an application within subsection (6) that would otherwise be a qualifying application for the purposes of this section is not to be treated as such unless it is an application of a description prescribed in regulations made by the Welsh Ministers. 6 An application is within this subsection if it is an application for planning permission for the development of land without complying with conditions subject to which a previous planning permission was granted. Designation for the purposes of section 62M 62N 1 In deciding whether to designate a local planning authority for the purposes of section 62M, or whether to revoke a designation, the Welsh Ministers must apply only criteria that satisfy the following conditions. 2 The first condition is that the Welsh Ministers have consulted each local planning authority in Wales about the criteria. 3 The second condition is that the criteria are set out in a document that the Welsh Ministers have laid before the National Assembly for Wales. 4 The third condition is that the 21-day period has ended without the National Assembly having during that period resolved not to approve the document. 5 The fourth condition is that the Welsh Ministers have published the document (whether before, during or after the 21-day period) in whatever way they think fit. 6 In this section, “ the 21-day period ” means the period of 21 days beginning with the day on which the document is laid before the National Assembly for Wales under subsection (3), disregarding any time when the National Assembly is dissolved or is in recess for more than four days. 7 The power to designate a local planning authority for the purposes of section 62M, or to revoke a designation, is exercisable by notice in writing to the authority. 8 The Welsh Ministers must publish (in whatever way they think fit) a copy of any notice given to an authority under subsection (7). 9 An urban development corporation may not be designated for the purposes of section 62M. Option to make application to Welsh Ministers: connected applications 62O 1 This section applies where an application (the “principal application”) is made to the Welsh Ministers under section 62M. 2 A connected application that would otherwise have to be made to the local planning authority or hazardous substances authority may (if the applicant so chooses) instead be made to the Welsh Ministers, provided that it is made on the same day as the principal application. 3 A connected application, for this purpose, is an application under the planning Acts that— a relates to land in Wales, b is an application of a description prescribed by regulations made by the Welsh Ministers, and c is considered by the person making it to be connected to the principal application. 4 Subsection (5) applies if an application is made to the Welsh Ministers under this section, on the basis that it is a connected application, instead of to a local planning authority or hazardous substances authority, but the Welsh Ministers consider— a that the application is not connected to the principal application, or b that, although the application is connected to the principal application, the decision on the application should not be made by the Welsh Ministers. 5 The Welsh Ministers must refer the application to the local planning authority or hazardous substances authority. 6 An application referred to an authority under subsection (5)— a is to be treated as from the date of its referral as being an application made to the authority concerned (instead of an application made to the Welsh Ministers), and b is to be determined by the authority accordingly. 7 A development order may make provision about the referral of applications under subsection (5) (including provision about what constitutes the referral of an application for the purposes of subsection (6)). General Further provision about applications made to Welsh Ministers 24 In TCPA 1990, after section 62O (as inserted by section 23) insert— Applications made to Welsh Ministers: general Applications to the Welsh Ministers: supplementary 62P 1 A decision of the Welsh Ministers on an application made to them under section 62D, 62M or 62O is final. 2 The Welsh Ministers may give directions requiring a local planning authority to do things in relation to an application made to the Welsh Ministers under section 62D or 62M that would otherwise have been made to the authority. 3 The Welsh Ministers may give directions requiring a local planning authority or hazardous substances authority to do things in relation to an application made to the Welsh Ministers under section 62O that would otherwise have been made to the authority. 4 Directions given under this section— a may relate to a particular application or description of application, or to applications generally; b may be given to a particular authority or description of authority, or to authorities generally. 5 The power to give directions under this section includes power to vary or revoke the directions. Notifying community councils of applications made to Welsh Ministers 62Q 1 This section applies if— a an application is made to the Welsh Ministers under section 62D, 62F, 62M or 62O, and b a community council would be entitled under paragraph 2 of Schedule 1A to be notified of the application (requirement to notify community council of certain planning applications). 2 The Welsh Ministers (instead of the local planning authority) must notify the community council of the application, as specified in paragraph 2(4) of Schedule 1A. 3 The relevant local planning authority must comply with any request made by the Welsh Ministers for the purposes of this section to supply information to them about requests received by the authority under paragraph 2(1) of Schedule 1A. 4 The “relevant local planning authority”, for this purpose, is— a in the case of an application under section 62D or section 62M, the local planning authority to which (but for the section in question) the application would have been made; b in the case of an application under section 62F or 62O which (but for the section in question) would have been made to a local planning authority, that authority. Power to make provision by development order in respect of applications to Welsh Ministers 25 In TCPA 1990, after section 62Q (as inserted by section 24) insert— Power to make provision by development order in respect of applications to Welsh Ministers 62R 1 A development order may make provision for regulating the manner in which an application for planning permission made to the Welsh Ministers under section 62D, 62F, 62M or 62O, or an application for approval made to the Welsh Ministers under section 62F, 62M or 62O, is to be dealt with by the Welsh Ministers. 2 That provision may include provision about— a consultation to be carried out by the Welsh Ministers; b the variation of an application. Developments of national significance and applications made to Welsh Ministers: exercise of functions by appointed person 26 1 In TCPA 1990, after section 62R (as inserted by section 25) insert— Exercise of functions by appointed person 62S Schedule 4D has effect with respect to the exercise of functions by appointed persons in connection with developments of national significance and applications made to the Welsh Ministers. 2 For provision about the exercise of functions by appointed persons in connection with developments of national significance and applications made to the Welsh Ministers, see Schedule 3. Applications to Welsh Ministers: further amendments 27 For further amendments relating to applications to the Welsh Ministers, see Schedule 4. PART 6 DEVELOPMENT MANAGEMENT ETC Requirements for applications to local planning authorities Power of local planning authority to require information with application 28 In section 62 of TCPA 1990 (applications for planning permission), in subsection (4A) (power of local planning authority to require particulars and evidence: reasonableness), omit “for planning permission for development of land in England”. Invalid applications: notice and appeal 29 1 TCPA 1990 is amended as follows. 2 After section 62 insert— Wales: appeal against notice that application is not valid Wales: notice that application is not valid 62ZA 1 This section applies where an application is made to a local planning authority in Wales— a for planning permission, or b for any consent, agreement or approval required by any condition or limitation subject to which planning permission has been granted. 2 In the case of an application for planning permission, if the authority think the application (or anything accompanying it) does not comply with a validation requirement imposed under section 62, they must give the applicant notice to that effect. 3 The notice must— a identify the requirement in question, and b set out the authority's reasons for thinking the application does not comply with it. 4 In the case of an application for a consent, agreement or approval mentioned in subsection (1)(b), the authority must give notice to the applicant if they think that— a the application does not comply with the terms of the planning permission in question, or b a period prescribed under section 74(1)(e) or 78(2) does not begin to run in relation to the application, by virtue of a failure to include information in the application or to provide documents or other materials with it (whether at all or in a particular manner). 5 The notice must identify— a the information, documents or materials in question, and b the paragraph of subsection (4) which the authority think applies. 6 A development order may make provision about the giving of notice under this section (including provision about information to be included in the notice and how and when the notice is to be given). 7 A requirement imposed under section 62 is a validation requirement in relation to an application for planning permission if the effect of the application failing to comply with the requirement is that— a the local planning authority must not entertain the application (see section 327A), or b the period prescribed under section 78(2) does not begin to run in relation to the application. Right to appeal to Welsh Ministers against notice 62ZB 1 If a local planning authority give an applicant notice under section 62ZA, the applicant may appeal to the Welsh Ministers. 2 In a case relating to an application for planning permission, the appeal may be brought on any one or more of the following grounds— a that the application complies with the requirement identified in the notice given under section 62ZA(2); b that the application is not one to which the requirement applies; c that the requirement is not a validation requirement in relation to the application; d in the case of a requirement imposed under subsection (3) of section 62, that the requirement does not comply with subsection (4A) of that section. 3 In a case relating to an application for a consent, agreement or approval mentioned in section 62ZA(1)(b), the appeal may be brought on any one or more of the following grounds— a that the application included the information, or was accompanied by the documents or other materials, identified in the notice given under section 62ZA(4); b in a case where notice is given under section 62ZA(4)(a), that the provision of the information, documents or materials is not required in order to comply with the terms of the planning permission; c in a case where notice is given under section 62ZA(4)(b), that the period prescribed under section 74(1)(e) or 78(2) (as the case may be) begins to run in relation to the application irrespective of whether the information, documents or materials are provided. 4 The appeal must be made by giving notice that complies with any requirements prescribed by a development order. 5 The requirements may relate to how and when the notice is to be given and the information that is to accompany it. 6 The appeal is to be determined on the basis of representations in writing. 7 The Welsh Ministers must either— a dismiss the appeal, or b quash or vary the notice to which it relates. 8 The Welsh Ministers' decision on the appeal is final. Appeals under section 62ZB: determination by appointed person 62ZC 1 Unless a direction otherwise is given under section 62ZD(1), an appeal under section 62ZB is to be determined by a person appointed by the Welsh Ministers. 2 In this section and section 62ZD, “ appointed person ” means a person appointed under subsection (1). 3 At any time before an appointed person determines an appeal, the Welsh Ministers may— a revoke the person's appointment, and b appoint another person under subsection (1) to determine the appeal. 4 An appointed person has the same powers and duties in relation to an appeal as the Welsh Ministers have under sections 62ZB(7) and 322C and under any regulations made under section 323A. 5 An appointed person's decision on an appeal is to be treated as the decision of the Welsh Ministers. 6 The validity of an appointed person's decision on an appeal may not be questioned by the appellant or the local planning authority in legal proceedings on the ground that the appeal ought to have been determined by the Welsh Ministers and not by an appointed person, unless the appellant or the authority challenge the appointed person's power to determine the appeal before the person's decision is given. Appeals under section 62ZB: determination by Welsh Ministers in place of appointed person 62ZD 1 The Welsh Ministers may direct that an appeal under section 62ZB which would otherwise be determined by an appointed person is instead to be determined by the Welsh Ministers. 2 The Welsh Ministers must serve a copy of the direction on— a the person (if any) appointed to determine the appeal, b the appellant, and c the local planning authority. 3 In determining the appeal, the Welsh Ministers may take into account any report made to them by a person previously appointed to determine the appeal. 4 The Welsh Ministers may by a further direction revoke a direction under subsection (1) at any time before the appeal is determined. 5 The Welsh Ministers must serve a copy of a direction under subsection (4) on— a the person (if any) previously appointed to determine the appeal, b the appellant, and c the local planning authority. 6 Where the Welsh Ministers give a direction under subsection (4)— a they must appoint a person (the “new appointee”) under section 62ZC(1) to determine the appeal; b anything done by or on behalf of the Welsh Ministers in connection with the appeal that might have been done by an appointed person is, unless the new appointee directs otherwise, to be treated as having been done by the new appointee; c subject to that, section 62ZC applies to the appeal as if no direction under subsection (1) had been given. 3 In section 79 (determination of appeals under section 78), after subsection (1) insert— 1A On an appeal under section 78, the Welsh Ministers may decide whether a requirement imposed under subsection (3) of section 62 in relation to the application complies with subsection (4A) of that section. 1B But subsection (1A) does not apply if the Welsh Ministers have previously decided whether the requirement complies with section 62(4A) on an appeal under section 62ZB. Revocation of saving of Town and Country Planning (Applications) Regulations 1988 30 Article 3 of the Planning and Compulsory Purchase Act 2004 (Commencement No. 10 and Saving) Order 2007 ( S.I. 2007/1369) (which continues in effect the Town and Country Planning (Applications) Regulations 1988) is revoked. Determination of applications for planning permission Welsh language 31 1 Section 70 of TCPA 1990 (determination of applications: general considerations) is amended as follows. 2 In subsection (2), after paragraph (a) insert— aa any considerations relating to the use of the Welsh language, so far as material to the application; . 3 After subsection (2) insert— 2ZA Subsection (2)(aa) applies only in relation to Wales. 4 The amendments made by this section do not alter— a whether regard is to be had to any particular consideration under subsection (2) of section 70 of TCPA 1990, or b the weight to be given to any consideration to which regard is had under that subsection. Power to decline to determine retrospective application 32 In section 70C of TCPA 1990 (power to decline to determine retrospective application), in subsection (1), omit “in England”. Decision notices and notification of development Decision notices 33 1 TCPA 1990 is amended as follows. 2 After section 71 insert— Decision notices: Wales 71ZA 1 A development order may include provision as to— a the form of decision notices, b the manner in which decision notices are to be given, and c the particulars to be contained in decision notices. 2 A decision notice must specify any plans or other documents in accordance with which the development to which it relates is to be carried out. 3 Where the decision notice relating to a development specifies any plans or other documents in accordance with which the development is to be carried out, the planning permission relating to the development is deemed to be granted subject to the condition that the development must be carried out in accordance with those plans or other documents. 4 Subsection (5) applies where, after planning permission is granted in respect of a development in Wales— a a local planning authority or the Welsh Ministers give any consent, agreement or approval required by any condition or limitation subject to which the planning permission was granted, or b such a condition or limitation is imposed, removed or altered. 5 The local planning authority must give a revised version of the decision notice to such persons as may be specified by a development order. 6 The revised version of the notice must contain such details relating to the giving of the consent, agreement or approval, or to the imposition, removal or alteration of the limitation or condition, as may be specified by a development order. 7 In this section “ decision notice ” means a notice of a decision to grant planning permission in respect of a development in Wales. 3 In section 90 (development with government authorisation), in subsection (3), insert at the end “ (so that section 71ZA applies as if references to the decision notice were to the direction). ” 4 In section 102 (orders requiring discontinuance of use or alteration or removal of buildings or works), after subsection (2) insert— 2A Section 71ZA applies where planning permission is granted by an order under this section as if the references to the decision notice were to the order. Notification of development 34 In TCPA 1990, after section 71ZA (as inserted by section 33) insert— Notification of initiation of development and display of notice: Wales 71ZB 1 Before beginning any development to which a relevant planning permission relates, a person must give to the local planning authority notice— a stating the date on which the development is to begin; b giving details of the planning permission and of such other matters as may be specified by a development order. 2 A person carrying out development to which a relevant planning permission relates must display at or near the place where the development is being carried out, at all times when it is being carried out, a copy of any notice of a decision to grant it. 3 A notice under subsection (1) must be in the form specified by a development order; and a copy of a notice to grant planning permission displayed under subsection (2) must be in a form specified by, and must be displayed in accordance with, such an order. 4 A notice of a decision to grant a relevant planning permission must set out the duties imposed by subsections (1) to (3). 5 A relevant planning permission is deemed to be granted subject to the condition that the duties imposed by subsections (1) to (3) must be complied with. 6 For the purposes of this section a relevant planning permission is a planning permission of a description specified by a development order for the development of land in Wales. Duration of planning permission Duration of planning permission: general 35 1 Section 91 of TCPA 1990 (general condition limiting duration of planning permission) is amended in accordance with subsections (2) to (6). 2 In subsection (1), in paragraph (a), for the words before “beginning with” substitute “ the applicable period, ” . 3 In subsection (3)— a after “shall” insert “ (subject to subsections (3ZA) and (3ZB)) ” ; b for the words from “expiration of” to the end, substitute “ expiration of the applicable period, beginning with the date of the grant ” . 4 After subsection (3) insert— 3ZA Subsection (3ZB) applies if— a a section 73 permission is granted for the development of land in Wales, but without the condition required by subsection (1), and b the previous permission was granted, or deemed to have been granted (whether by virtue of this section or otherwise) subject to a condition as to the time within which development was to be begun. 3ZB The section 73 permission shall be deemed to have been granted subject to the condition that the development to which it relates must be begun not later than the date on or before which the previous permission required development to be begun. 3ZC The previous permission, in relation to a section 73 permission, is the previous planning permission referred to in section 73(1). 3ZD References in subsections (3ZA) to (3ZC) to a section 73 permission are to a planning permission granted under section 73. 5 In subsection (3A), after “validity” insert “ , in respect of the development of land in England, ” . 6 After subsection (4) insert— 5 The applicable period— a in relation to England, is three years; b in relation to Wales, is five years. 7 In section 73 of TCPA 1990 (determination of applications to develop land without compliance with conditions previously attached), in subsection (5), after “under this section” insert “ for the development of land in England ” . 8 In section 51 of PCPA 2004 (duration of permission and consent), in subsection (1), omit paragraph (a). Duration of outline planning permission 36 1 Section 92 of TCPA 1990 (outline planning permission) is amended in accordance with subsections (2) to (6). 2 In subsection (2), for paragraph (b) substitute— b that, in the case of outline planning permission for the development of land in England, the development to which the permission relates must be begun not later than the expiration of two years from the final approval of the reserved matters or, in the case of approval on different dates, the final approval of the last such matter to be approved; c that, in the case of outline planning permission for the development of land in Wales, the development must be begun no later than— i the expiration of five years from the date of the grant of outline planning permission, or ii if later, the expiration of two years from the final approval of the reserved matters or, in the case of approval on different dates, the final approval of the last such matter to be approved. 3 In subsection (3), after “shall” insert “ (subject to subsections (3A) to (3D)) ” . 4 After subsection (3) insert— 3A If outline planning permission is granted under section 73 for the development of land in Wales, but without the condition required by subsection (2)(a), it shall be deemed to have been granted subject to the following condition. 3B The condition is that, in the case of any reserved matter, application for approval must be made not later than the date on or before which the previous permission required application for approval, in the case of any matter reserved under the previous permission, to be made. 3C If outline planning permission is granted under section 73 for the development of land in Wales, but without a condition required by subsection (2)(c), it shall be deemed to have been granted subject to the following condition. 3D The condition is that the development to which the permission relates must be begun not later than the date on or before which the previous permission required development to be begun. 3E The previous permission, in relation to outline planning permission granted under section 73, is the previous planning permission referred to in subsection (1) of that section. 5 In subsection (4), omit the words from “of three” to “two years”. 6 In subsection (5), after “(b)” insert “ or (c) ” . 7 In section 51 of PCPA 2004 (duration of permission and consent), omit subsection (2). Consultation etc in respect of certain applications relating to planning permission Consultation etc in respect of certain applications relating to planning permission 37 In TCPA 1990, after section 100 insert— Consultation etc in respect of certain applications relating to planning permission: Wales Wales: consultation etc in respect of certain applications relating to planning permission 100A 1 A development order may provide that a local planning authority in Wales to which an application within subsection (5) (a “relevant application”) is made are not to determine the application before the end of a period specified in the order. 2 If a local planning authority in Wales to which a relevant application is made consult a statutory consultee about the application, the consultee must give a substantive response. 3 That response must be given before the end of— a a period specified in a development order, or b if the consultee and the authority agree otherwise in writing, whatever period is specified in their agreement. 4 A development order may make provision— a about information that is to be provided by a local planning authority to a statutory consultee for the purposes of, or in connection with, consultation about a relevant application; b about the requirements of a substantive response; c requiring a statutory consultee consulted about a relevant application to give a report to the Welsh Ministers about the consultee's compliance with subsections (2) and (3) (including provision as to the form and content of the report, and the time at which it is to be made). 5 An application is within this subsection if it is— a an application for approval of reserved matters (within the meaning of section 92); b an application for any other consent, agreement or approval required by any condition or limitation subject to which planning permission has been granted; c an application under section 96A(4) (non-material changes to planning permission). 6 References in this section to a statutory consultee, in relation to a relevant application, are to a person whom, by virtue of section 71 or section 74, the local planning authority was required to consult before determining the original application. 7 The original application, in relation to a relevant application, is— a in the case of an application within subsection (5)(a) or (b), the application for the planning permission in accordance with which the application for approval, consent or agreement is made; b in the case of an application within subsection (5)(c), the application for the planning permission to which the application under section 96A(4) relates. Stopping up or diversion of public paths Stopping up or diversion of public paths where application for planning permission made 38 1 TCPA 1990 is amended as follows. 2 In section 257 (footpaths, bridleways and restricted byways affected by other development: orders by other authorities), in subsection (1A), omit “in England”. 3 In section 259 (confirmation of orders)— a in each of subsections (1), (1A) and (2), for “Secretary of State” substitute “ appropriate national authority ” ; b after subsection (4) insert— 5 The appropriate national authority, for the purposes of this section, is— a in relation to England, the Secretary of State; b in relation to Wales, the Welsh Ministers. Exercise of functions of local planning authority relating to applications Exercise of functions of local planning authority relating to applications 39 1 In TCPA 1990, after section 319 insert— Wales: discharge of functions of local planning authority relating to applications Requirement for functions to be discharged by committee, sub-committee or officer 319ZA 1 The Welsh Ministers may by regulations require a relevant local planning authority to make arrangements under section 101 of the 1972 Act for a relevant function to be discharged by a committee, sub-committee or officer of the authority. 2 The regulations may prescribe the terms of the arrangements (which may include exceptions) and any permitted variations in those terms. 3 Where arrangements required by the regulations are in force in relation to a relevant function, the function may only be exercised in accordance with the arrangements (and section 101(4) of the 1972 Act does not apply). Size and composition of committee discharging functions 319ZB 1 The Welsh Ministers may by regulations prescribe requirements relating to the size and composition of a committee or sub-committee by which a relevant function is to be discharged. 2 A relevant local planning authority may not arrange for a relevant function to be discharged by a committee or sub-committee of the authority which fails to satisfy a requirement of regulations under this section. 3 If a committee or sub-committee discharging a relevant function fails to satisfy such a requirement, paragraph 43 of Schedule 12 to the 1972 Act (validity of proceedings) does not apply in relation to the failure. Sections 319ZA and 319ZB: supplementary 319ZC 1 Sections 101 and 102 of the 1972 Act have effect subject to sections 319ZA and 319ZB and any regulations made under them. 2 Where arrangements are in force under section 101(5) of the 1972 Act for two or more relevant local planning authorities to discharge any of their relevant functions jointly, sections 319ZA and 319ZB apply in relation to those functions as if— a references to a committee or sub-committee of a relevant local planning authority were references to a joint committee or sub-committee of those authorities; b references to an officer of a relevant local planning authority were references to an officer of any of those authorities. 3 Regulations under sections 319ZA and 319ZB may— a make different provision for different local planning authorities; b make special provision for cases where two or more authorities have made arrangements under section 101(1)(b) or (5) of the 1972 Act for the discharge of any of their relevant functions. Interpretation of sections 319ZA to 319ZC 319ZD In sections 319ZA to 319ZC— “ the 1972 Act ” means the Local Government Act 1972; “ relevant function ” means a function exercisable by a relevant local planning authority in relation to an application under this Act; “ relevant local planning authority ” means a local planning authority in Wales which is— a county council or county borough council, a joint planning board, or a National Park authority. 2 In section 316 of TCPA 1990 (land of interested planning authorities and development by them), in subsection (3), after “notwithstanding” insert “ any provision made by or under sections 319ZA to 319ZC or ” . 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 In section 37 of the Planning (Hazardous Substances) Act 1990 (c. 10) (application of certain general provisions of principal Act), in subsection (2), before the entry relating to section 320, insert— “ sections 319ZA to 319ZD (Wales: discharge of functions of local planning authority relating to applications) ” . 5 In the Local Government and Housing Act 1989 (c. 42)— a in section 13 (voting rights of members of certain committees), in subsection (9), in the definition of “relevant authority”, for “or (h) to (jb)” substitute “ , (h) to (jb) or (n) ” ; b in section 20 (power to require adoption of certain procedural standing orders), in subsection (4)(a), after “(a) to (jb)” insert “ or (n) ” . Joint planning boards and National Parks Joint planning boards to be hazardous substances authorities 40 In section 3 of the Planning (Hazardous Substances) Act 1990 (c. 10) (hazardous substances authorities other than county and county borough councils), after subsection (5B) insert— 5C A joint planning board constituted under section 2(1B) of the principal Act for a united district in Wales is the hazardous substances authority for land in the united district unless subsection (4) or (5) applies. Power to make provision enabling joint planning boards to exercise development management functions in National Parks 41 1 The Welsh Ministers may by regulations make provision for and in connection with enabling an order under section 2(1B) of TCPA 1990 (joint planning boards in Wales) to— a constitute an area that includes all or part of a National Park in Wales as a united district, and b constitute a joint planning board as the local planning authority for such a united district for the purposes of the planning Acts. 2 The regulations may also make provision about whether the functions of a hazardous substances authority under the Planning (Hazardous Substances) Act 1990 (c. 10) are to be exercisable in relation to any part of a National Park included in such a united district by the joint planning board for the united district or by the National Park authority for the Park. 3 Regulations under this section may— a make different provision for different purposes and different cases; b make incidental, supplementary, consequential, transitory, transitional and saving provision. 4 Regulations under this section may amend or otherwise modify— a any enactment contained in, or made under, the planning Acts or PCPA 2004; b any other enactment relating to functions exercisable by or in relation to local planning authorities; c any enactment relating to National Parks or to functions exercisable by or in relation to National Park authorities. 5 Regulations under this section may make provision for a function to be exercisable by or in relation to another person instead of, or as well as, any person by or in relation to whom the function would otherwise be exercisable. 6 The power to make regulations under this section is exercisable by statutory instrument. 7 A statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before and approved by resolution of the National Assembly for Wales. 8 In this section— “ enactment ” means a provision contained in any of the following (whenever enacted or made)— an Act of Parliament; an Act or Measure of the National Assembly for Wales; subordinate legislation within the meaning of the Interpretation Act 1978 (c. 30) (including subordinate legislation made under an Act of Parliament or under an Act or Measure of the National Assembly for Wales); “ the planning Acts ” has the same meaning as in TCPA 1990 (see section 336(1)). Joint planning boards: power to make consequential and supplementary provision 42 1 Section 9 of TCPA 1990 (power to make consequential and supplementary provision about planning authorities) is amended as follows. 2 The existing provision becomes subsection (1) of that section. 3 After that subsection insert— 2 The provision consequential upon or supplementary to section 2 that may be made by the Welsh Ministers under this section includes provision amending or otherwise modifying— a any enactment contained in, or made under, the planning Acts or the Planning and Compulsory Purchase Act 2004; b any other enactment relating to functions exercisable by or in relation to local planning authorities; c any other enactment relating to functions exercisable by local authorities of any description in connection with the development of land. PART 7 ENFORCEMENT, APPEALS ETC Enforcement Breach of planning control: enforcement warning notice 43 1 TCPA 1990 is amended as follows. 2 After section 173 insert— Enforcement warning notice: Wales 173ZA 1 This section applies where it appears to the local planning authority that— a there has been a breach of planning control in respect of any land in Wales, and b there is a reasonable prospect that, if an application for planning permission in respect of the development concerned were made, planning permission would be granted. 2 The authority may issue a notice under this section (an “enforcement warning notice”). 3 A copy of an enforcement warning notice is to be served— a on the owner and the occupier of the land to which the notice relates, and b on any other person having an interest in the land, being an interest that, in the opinion of the authority, would be materially affected by the taking of any further enforcement action. 4 The notice must— a state the matters that appear to the authority to constitute the breach of planning control, and b state that, unless an application for planning permission is made within a period specified in the notice, further enforcement action may be taken. 5 The issue of an enforcement warning notice does not affect any other power exercisable in respect of any breach of planning control. 3 In section 171A, in subsection (2) (steps that constitute taking enforcement action), before “or” insert— aa the issue of an enforcement warning notice (defined in section 173ZA); . 4 In section 188 (register of enforcement and stop notices etc)— a in subsection (1), after paragraph (a) insert— aa to enforcement warning notices, ; b in subsection (2), in paragraph (a), after “enforcement notice” insert ”, enforcement warning notice,”. Appeal against enforcement notice: deemed application for planning permission 44 1 Section 177 of TCPA 1990 (grant or modification of planning permission on appeals against enforcement notices) is amended as follows. 2 In subsection (1C), for the words from the beginning to “subsection” substitute “ Subsection ” . 3 In subsection (5), for the words from the beginning to “in England and” substitute Where— a an appeal against an enforcement notice is brought under section 174, and b . Appeals Restrictions on right to appeal against planning decisions 45 In section 78 of TCPA 1990 (right to appeal against planning decisions and failure to take such decisions), after subsection (4A) insert— 4AA An appeal under this section may not be brought or continued against the refusal of an application for planning permission if— a the land to which the application relates is in Wales, b granting the application would involve granting planning permission in respect of matters specified in an enforcement notice as constituting a breach of planning control, and c on the determination of an appeal against that notice under section 174, planning permission for those matters was not granted under section 177. 4AB An appeal under this section may not be brought or continued against the grant of an application for planning permission subject to a condition, if— a the land to which the application relates is in Wales, b an appeal against an enforcement notice has been brought under section 174 on the ground that the condition ought to be discharged, and c on the determination of that appeal, the condition was not discharged under section 177. Restrictions on right to appeal against enforcement notice 46 In section 174 of TCPA 1990 (appeal against enforcement notice), after subsection (2C) insert— 2D An appeal against an enforcement notice may not be brought on the ground that planning permission ought to be granted in respect of a breach of planning control constituted by a matter stated in the notice, as specified in subsection (2)(a), if— a the land to which the enforcement notice relates is in Wales, and b the enforcement notice was issued after a decision to refuse planning permission for a related development was upheld on an appeal under section 78 (and for this purpose development is “related” if granting planning permission for it would involve granting planning permission in respect of the matter concerned). 2E An appeal may not be brought on the ground that a condition or limitation ought to be discharged, as specified in subsection (2)(a), if— a the land to which the enforcement notice relates is in Wales, and b the enforcement notice was issued after a decision to grant planning permission subject to the condition or limitation was upheld on an appeal under section 78. 2F For the purposes of subsections (2D) and (2E), references to a decision that has been upheld on an appeal include references to a decision in respect of which— a the Welsh Ministers have, under section 79(6), declined to determine an appeal or to proceed with the determination of an appeal; b an appeal has been dismissed under section 79(6A). No variation of application after service of notice of appeal against planning decision etc 47 1 In section 78 of TCPA 1990 (right to appeal against planning decisions and failure to take such decisions), after subsection (4B) insert— 4BA Once notice of an appeal under this section to the Welsh Ministers has been served, the application to which it relates may not be varied, except in such circumstances as may be prescribed by a development order. 4BB A development order which makes provision under subsection (4BA) must provide for an application which is varied to be subject to such further consultation as the Welsh Ministers consider appropriate. 2 In section 195 of TCPA 1990 (appeals against refusal or failure to give decision on application for certificate of lawfulness), after subsection (1D) insert— 1DA Once notice of an appeal under this section to the Welsh Ministers has been served, the application to which it relates may not be varied, except in such circumstances as may be prescribed by a development order. 1DB A development order which makes provision under subsection (1DA) must provide for an application which is varied to be subject to such further consultation as the Welsh Ministers consider appropriate. 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 In section 21 of the Planning (Hazardous Substances) Act 1990 (c. 10) (appeals against decisions or failure to take decisions relating to hazardous substances), after subsection (3D) insert— 3E Once notice of an appeal under this section to the Welsh Ministers has been served, the application to which it relates may not be varied, except in such circumstances as may be prescribed. 3F Regulations which make provision under subsection (3E) must provide for an application which is varied to be subject to such further consultation as the Welsh Ministers consider appropriate. Appeal against notice in respect of land adversely affecting amenity 48 1 Section 217 of TCPA 1990 (the title of which becomes “ Appeal against a section 215 notice ” ) is amended as follows. 2 In subsection (2), after “made” insert — a in the case of a notice relating to land in Wales, to the Welsh Ministers; b in the case of a notice relating to land in England, . 3 In subsection (4), after “appeal” insert “ the Welsh Ministers or (as the case may be) ” . 4 In subsection (5) after “appeal” insert “ the Welsh Ministers or (as the case may be) ” . 5 In subsection (6), omit “to a magistrates' court”. 6 After subsection (6) insert— 7 The Welsh Ministers may by regulations make provision, in respect of appeals made to them under this section— a as to steps to be taken in connection with bringing an appeal (including as to the form and content of any notice required to be given, and persons to whom copies of it are to be provided); b about information to be provided to the Welsh Ministers in connection with an appeal; c as to the procedure by which an appeal under this section is to be considered (including provision about circumstances in which the appellant or the local planning authority must be given the opportunity of appearing before and being heard by a person appointed by the Welsh Ministers for the purpose). 7 In section 218 of TCPA 1990 (the title of which becomes “ Further appeal to the Crown Court: England ” ), after “been brought” insert “to a magistrates' court”. 8 In section 289 of TCPA 1990 (the title of which becomes “ Appeals to High Court relating to enforcement notices and notices under sections 207 and 215 ” )— a after subsection (2) insert— 2A Where the Welsh Ministers give a decision in proceedings on an appeal under Part 8 against a notice under section 215, the appellant or the local planning authority or any other person having an interest in the land to which the notice relates may, according as rules of court may provide, either appeal to the High Court against the decision on a point of law or require the Welsh Ministers to sign and state a case for the opinion of the High Court. ; b in subsection (4B), after “207” insert “ or 215 ” ; c in subsection (5), after “the Secretary of State”, in each place where those words occur, insert “ or the Welsh Ministers ” . Appeals etc: costs and procedure Costs on applications, appeals and references 49 In TCPA 1990, after section 322B insert— Costs: Wales 322C 1 This section applies in relation to any application, appeal or reference under this Act to the Welsh Ministers (whether it is considered at an inquiry or hearing or on the basis of written representations). 2 The costs incurred by the Welsh Ministers in relation to the application, appeal or reference (or so much of them as the Welsh Ministers may direct) are to be paid by the applicant, appellant or person making the reference, or such local planning authority or other party to the application, appeal or reference, as the Welsh Ministers may direct. 3 Costs incurred by the Welsh Ministers in relation to an application, appeal or reference include the entire administrative cost incurred in connection with it so that, in particular, there shall be treated as costs incurred by the Welsh Ministers such reasonable sum as the Welsh Ministers may determine in respect of general staff costs and overheads of the Welsh Government. 4 The costs to which subsection (2) applies include costs in respect of an inquiry or hearing that does not in the event take place and costs incurred in reviewing planning obligations (within the meaning of section 106). 5 The Welsh Ministers may by regulations prescribe a standard daily amount for cases involving an inquiry or hearing of any description or cases of any description considered on the basis of representations in writing; and where an inquiry or hearing of that description takes place or a case of that description is considered on the basis of representations in writing, the costs incurred by the Welsh Ministers are to be taken to be— a the prescribed standard amount in respect of each day (or an appropriate proportion of that amount in respect of a part of a day) on which a prescribed person is engaged in dealing with the case; b costs actually incurred in connection with dealing with the case on travelling or subsistence allowances or the provision of accommodation or other facilities; c any costs attributable to the appointment of prescribed persons to assist in dealing with the case; d any legal costs or disbursements incurred or made by or on behalf of the Welsh Ministers in connection with the case. 6 The Welsh Ministers may make orders as to the costs of the applicant or appellant or any other party to the application, appeal or reference, and as to the person or persons by whom the costs are to be paid. Procedure for certain proceedings 50 In TCPA 1990, after section 323 insert— Procedure for certain proceedings: Wales 323A 1 The Welsh Ministers may by regulations prescribe the procedure to be followed in connection with— a an inquiry or hearing held or to be held by or on behalf of the Welsh Ministers under or by virtue of any provision of this Act; b proceedings on an application, appeal or reference that, under or by virtue of any provision of this Act, is to be considered by or on behalf of the Welsh Ministers on the basis of representations in writing. 2 The regulations may include provision— a about the procedure to be followed in connection with matters preparatory or subsequent to an inquiry or hearing or to the making of representations in writing; b about the conduct of proceedings. 3 The regulations may include provision about the procedure to be followed— a where steps have been taken with a view to the holding of an inquiry or hearing which does not take place, b where steps have been taken with a view to the determination of any matter by a person appointed by the Welsh Ministers and the proceedings are the subject of a direction that the matter must instead be determined by the Welsh Ministers, or c where steps have been taken in pursuance of such a direction and a further direction is made revoking that direction, and may provide that such steps are to be treated as compliance, in whole or in part, with the requirements of the regulations. 4 The regulations may— a provide for a time limit within which any party to the proceedings must submit representations in writing and any supporting documents, b prescribe the time limit (which may be different for different classes of proceedings) or enable the Welsh Ministers to give directions setting the time limit in a particular case or class of case, c enable the Welsh Ministers to proceed to a decision taking into account only such written representations and supporting documents as were submitted within the time limit, and d enable the Welsh Ministers, after giving the parties written notice of their intention to do so, to proceed to a decision even though no written representations were made within the time limit, if it appears to them that they have sufficient material before them to enable them to reach a decision on the merits of the case. 5 The regulations may also make provision as to the circumstances in which— a a direction under section 322C(2) may be given; b an order for costs under section 322C(4) may be made. 6 The Welsh Ministers may by regulations provide that in prescribed circumstances a matter may not be raised in proceedings on an appeal made under or by virtue of this Act to the Welsh Ministers unless it has been previously raised before a prescribed time or it is shown that it could not have been raised before that time. Costs and procedure on appeals etc: further amendments 51 For further amendments relating to costs and procedure on appeals etc, see Schedule 5. PART 8 TOWN AND VILLAGE GREENS Statement by owner to end use of land as of right 52 1 Section 15A of the Commons Act 2006 (c.26) (registration of greens: statement by owner) is amended as follows. 2 In subsection (1), omit “in England”. 3 Omit subsection (8). Exclusion of right to apply for registration 53 1 The Commons Act 2006 is amended as follows. 2 In section 15C (registration of greens: exclusions)— a in subsection (1)— i omit “in England”; ii for “Schedule 1A” substitute “ the relevant Schedule ” ; b in subsection (2), after “the Table” insert “ set out in the relevant Schedule ” ; c in subsections (3) and (4), for “Secretary of State” substitute “ appropriate national authority ” ; d in subsection (5)— i for “Secretary of State” substitute “ appropriate national authority ” ; ii for “Schedule 1A” substitute “ the relevant Schedule ” ; e after subsection (8) insert— 9 In this section “ the relevant Schedule ” means— a Schedule 1A, in relation to land in England; b Schedule 1B, in relation to land in Wales. 3 After Schedule 1A (the title of which becomes “ Exclusion of right under section 15: England ” ) insert the Schedule set out in Schedule 6. Applications to amend registers: power to make provision about fees 54 1 Section 24 of the Commons Act 2006 (applications etc) is amended as follows. 2 In subsection (2A), omit “made by the Secretary of State”. 3 Omit subsection (2B). PART 9 GENERAL PROVISIONS Regulations and orders made by Welsh Ministers 55 For amendments relating to regulations and orders made by the Welsh Ministers, see Schedule 7. Interpretation 56 In this Act— “ PCPA 2004 ” means the Planning and Compulsory Purchase Act 2004 (c. 5); “ TCPA 1990 ” means the Town and Country Planning Act 1990 (c. 8). Power to make consequential etc provision 57 1 The Welsh Ministers T may by regulations make consequential, incidental, transitional or saving provision for the purpose of giving full effect to, or in consequence of, any provision of this Act. 2 Regulations under this section may amend, revoke or repeal any enactment contained in, or made under, primary legislation. 3 The power to make regulations under this section is exercisable by statutory instrument. 4 A statutory instrument containing (whether alone or with other provision) regulations under this section which amend or repeal an enactment contained in primary legislation may not be made unless a draft of the instrument has been laid before and approved by resolution of the National Assembly for Wales. 5 A statutory instrument containing regulations under this section to which subsection (4) does not apply is subject to annulment in pursuance of a resolution of the National Assembly for Wales. 6 In this section, “ primary legislation ” means— a an Act of Parliament; b an Act or Measure of the National Assembly for Wales. Coming into force 58 1 The following provisions come into force on the day on which this Act receives Royal Assent— a Part 1; b sections 56 and 57; c this section; d section 59. 2 The following provisions come into force at the end of the period of two months beginning with the day on which this Act receives Royal Assent— a section 55; b Parts 3 to 8, so far as is necessary for enabling the Welsh Ministers to exercise any function of making regulations or orders by statutory instrument under any enactment as amended by those Parts. 3 Nothing in subsection (2)(b) affects the operation of section 13 of the Interpretation Act 1978 (c. 30) (anticipatory exercise of powers) in relation to this Act. 4 The following provisions come into force on such day as the Welsh Ministers appoint by order— a Part 2; b Parts 3 to 8, so far as they are not brought into force by subsection (2)(b). 5 The power to make an order under subsection (4)— a is exercisable by statutory instrument; b includes power— i to appoint different days for different purposes, and ii to make transitional, transitory or saving provision in connection with the coming into force of a provision of this Act. Short title 59 The short title of this Act is the Planning (Wales) Act 2015. SCHEDULE 1 STRATEGIC PLANNING PANELS (introduced by section 4(2)) PART 1 CONSTITUTION AND FINANCIAL ARRANGEMENTS OF PANELS 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 2 FURTHER AMENDMENTS Local Authorities (Goods and Services) Act 1970 (c. 39) 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Local Government Act 1972 (c. 70) 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Local Government Act 2000 (c. 22) 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Freedom of Information Act 2000 (c. 36) 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Public Services Ombudsman (Wales) Act 2005 (c. 10) 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Equality Act 2010 (c. 15) 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Welsh Language (Wales) Measure 2011 (nawm 1) 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Local Government (Wales) Measure 2011 (nawm 4) 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SCHEDULE 2 DEVELOPMENT PLANNING: FURTHER AMENDMENTS (introduced by section 16) Welsh Development Agency Act 1975 (c. 70) 1 The Welsh Development Agency Act 1975 is amended as follows. 2 In section 21A (powers of land acquisition), in subsection (5)— a omit the “and” at the end of paragraph (b); b after paragraph (c) insert— ; and d any strategic planning panel in whose strategic planning area the land, or any part of the land, is situated. 3 In section 21C (powers to advise on land matters), in subsection (3)— a omit the “or” at the end of paragraph (b); b after paragraph (c) insert— ; or d a strategic planning panel in making an assessment of land in its strategic planning area which is, in its opinion, available and suitable for development. 4 1 Schedule 4 (acquisition of land) is amended as follows. 2 In Part 1, in paragraph 3A— a omit the “and” at the end of paragraph (b); b after paragraph (c) insert— ; and d any strategic planning panel in whose strategic planning area the land, or any part of the land, is situated. 3 In Part 4, in paragraph 19(1), for “and every National Park authority for a National Park in Wales” substitute “ , every National Park authority for a National Park in Wales and every strategic planning panel ” . Wildlife and Countryside Act 1981 (c. 69) 5 The Wildlife and Countryside Act 1981 is amended as follows. 6 1 Section 27AA (sites of special scientific interest and limestone pavements: application of provisions in Wales) is amended as follows. 2 The existing provision becomes subsection (1). 3 After subsection (1) insert— 2 Subsection (3) applies where— a any provision of sections 28 to 34 requires the Natural Resources Body for Wales to give a notification or notice to the local planning authority in whose area land is situated, and b all or part of the land is included in a strategic planning area designated under section 60D of the Planning and Compulsory Purchase Act 2004. 3 The Natural Resources Body for Wales must also give the notification or notice to the strategic planning panel for the strategic planning area. 7 In section 37A (notification of designation of Ramsar sites), after subsection (2A) insert— 2B Subject to subsection (3), upon receipt of a notification under subsection (1) relating to a wetland all or part of which is in a strategic planning area designated under section 60D of the Planning and Compulsory Purchase Act 2004, the Natural Resources Body for Wales shall, in turn, notify the strategic planning panel for that area. Town and Country Planning Act 1990 (c. 8) 8 TCPA 1990 is amended as follows. 9 In section 293A (urgent Crown development: application), in subsection (9), before “and” insert— aa the strategic planning panel for any strategic planning area to which the proposed development relates, . 10 1 Section 303A (responsibility of local planning authorities for costs of holding certain inquiries etc) is amended as follows. 2 In subsection (1B), for “The” substitute “ Where a local planning authority cause a qualifying procedure to be carried out or held, the ” . 3 After subsection (1B) insert— 1C Where the qualifying procedure is an independent examination of a strategic development plan under section 64 of the Planning and Compulsory Purchase Act 2004, the appropriate authority is the Welsh Ministers. 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 In section 306 (contributions by local authorities and statutory undertakers), after subsection (2) insert— 2A Each of the persons specified in subsection (2B) may contribute towards any expenses incurred by a strategic planning panel for the purposes of carrying out a review under section 60H of the Planning and Compulsory Purchase Act 2004 (duty of strategic planning panel to keep under review certain matters affecting development). 2B The persons are— a a local authority in Wales; b a statutory undertaker authorised to carry on an undertaking in Wales. 12 In section 324 (rights of entry), after subsection (1A) insert— 1B Any person duly authorised in writing by the Welsh Ministers or by a strategic planning panel may at any reasonable time enter any land for the purpose of surveying it in connection with the preparation, revision, adoption or approval of a strategic development plan under Part 6 of the Planning and Compulsory Purchase Act 2004. 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 In Schedule 4A (local development orders: procedure), in paragraph 5(1), after “report made” insert “ by a local planning authority ” . 15 In Schedule 13 (blighted land), in paragraph 1B, in note (3), after “section 66” insert “ or 66A ” . Water Resources Act 1991 (c. 57) 16 In Schedule 6 to the Water Resources Act 1991 (orders relating to abstraction of small quantities and compulsory registration of protected rights), in paragraph 1— a in sub-paragraph (4)(a), for “or National Park authority” substitute “ , National Park authority or strategic planning panel ” ; b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Planning and Compulsory Purchase Act 2004 (c. 5) 23 PCPA 2004 is amended as follows. 24 In section 19 (preparation of English local development documents), in subsection (2)(e), for “Wales Spatial Plan” substitute “ National Development Framework for Wales, ” . 25 In section 62 (local development plan), in subsection (5) (matters to which local planning authority must have regard in preparing plan), for paragraph (b) substitute— b the National Development Framework for Wales; ba the strategic development plan for any strategic planning area that— i includes all or part of the area of the authority, or ii adjoins that area; . 26 In section 74 (urban development corporations), for “section 60” substitute “ sections 60 to 60C ” . 27 1 Section 113 (validity of strategies, plans and documents) is amended as follows. 2 In subsection (1)— a for paragraph (b) substitute— b the National Development Framework for Wales; ba a strategic development plan; ; b in paragraph (e), after “(b),” insert “ (ba), ” . 3 In subsection (9), for paragraph (b) substitute— b sections 60 to 60C above in the case of the National Development Framework for Wales or a revised Framework; ba in the case of a strategic development plan or any revision of it— i section 60I above, and ii sections 63 to 68, 68A(1), 69 to 71 and 73 to 78 above, as they apply in relation to strategic development plans (see section 60J); . 4 In subsection (11), for paragraph (b) substitute— b for the purposes of the National Development Framework for Wales (or a revised Framework), the date when it is published by the Welsh Ministers; ba for the purposes of a strategic development plan (or a revision of it), the date when it is adopted by the strategic planning panel or approved by the Welsh Ministers (as the case may be); . Natural Environment and Rural Communities Act 2006 (c. 16) 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Government of Wales Act 2006 (c. 32) 29 In Schedule 10 to the Government of Wales Act 2006 (minor and consequential amendments), omit paragraph 66 and the cross-heading before it. ... 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Marine and Coastal Access Act 2009 (c. 23) 33 Schedule 6 to the Marine and Coastal Access Act 2009 (marine plans: preparation and adoption) is amended as follows. 34 1 Paragraph 1 (marine plan authority to notify related planning authorities of decision to prepare plan) is amended as follows. 2 In sub-paragraph (2), at the end insert— f any strategic planning panel whose strategic planning area adjoins or is adjacent to the marine planning area. 3 In sub-paragraph (3)— a in the definition of “local planning authority”, before “or” insert— aa a local planning authority for the purposes of Part 6 of the Planning and Compulsory Purchase Act 2004 (see section 78 of that Act), ; b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 1 Paragraph 3 (marine plans to be compatible with certain other plans) is amended as follows. 2 In sub-paragraph (2), in the words after paragraph (b), for “relevant Planning Act plan” substitute “ development plan ” . 3 Omit sub-paragraphs (4) and (5). 4 In sub-paragraph (6), omit the definition of “the Wales Spatial Plan”. 36 In paragraph 9 (matters to which marine plan authority is to have regard in preparing marine plan), in sub-paragraph (2)(b), for “Planning Act plans” substitute “ development plans ” . SCHEDULE 3 DEVELOPMENTS OF NATIONAL SIGNIFICANCE AND APPLICATIONS MADE TO WELSH MINISTERS: EXERCISE OF FUNCTIONS BY APPOINTED PERSON (introduced by section 26(2)) 1 In TCPA 1990, after Schedule 4C insert— SCHEDULE 4D EXERCISE OF FUNCTIONS BY APPOINTED PERSON IN CONNECTION WITH DEVELOPMENTS OF NATIONAL SIGNIFICANCE AND APPLICATIONS MADE TO THE WELSH MINISTERS Exercise of functions in respect of development of national significance and connected applications 1 1 Unless a direction otherwise is given under paragraph 9, a specified function, so far as exercisable in respect of— a an application that a person proposes to make under section 62D, b an application made under section 62D, or c a secondary consent (within the meaning given by section 62H) in respect of which section 62F(2) applies, is to be exercised by a person appointed for the purpose by the Welsh Ministers under this paragraph. 2 A “specified function”, for the purposes of sub-paragraph (1), is a function exercisable by the Welsh Ministers, under or by virtue of this Act, that is prescribed in regulations made for the purposes of this paragraph by the Welsh Ministers. 3 Regulations under this paragraph may contain incidental or consequential provision. Applications under section 62M or 62O: exercise of functions 2 Unless a direction otherwise is given under paragraph 9— a an application made under section 62M or 62O is to be determined by a person appointed for the purpose by the Welsh Ministers under this paragraph; b functions exercisable by the Welsh Ministers, by virtue of section 61Z1, in respect of an application that a person proposes to make under section 62M or 62O, are to be exercised by a person appointed for the purpose by the Welsh Ministers under this paragraph. Revocation of appointments 3 Where a person has been appointed under paragraph 1 or 2 in respect of an application or consent, the Welsh Ministers may at any time— a revoke the appointment, and b appoint another person, in respect of the application or consent, under paragraph 1 or 2 (as the case may be). Exercise of functions by appointed person 4 1 This paragraph applies for the purposes of paragraphs 5 to 14. 2 References to an appointed person are to a person appointed to exercise functions under paragraph 1 or 2. 3 References to a relevant application or consent are to an application or consent, or a proposed application, in respect of which functions are exercisable by a person other than the Welsh Ministers by virtue of the person's appointment under paragraph 1 or 2. 5 A person appointed under paragraph 2 to determine an application has, so far as the context permits, the same powers and duties that the Welsh Ministers have by virtue of provision made by a development order by virtue of section 75A. 6 1 Sub-paragraph (2) applies where any enactment (other than this Schedule)— a refers (or is to be read as referring) to the Welsh Ministers in a context relating to or capable of relating to an application under section 62M or section 62O, or b refers (or is to be read as referring) to anything (other than the making of an application) done or authorised or required to be done by, to or before the Welsh Ministers in connection with any such application. 2 So far as the context permits, the enactment is to be read, in relation to an application determined or to be determined by a person appointed under paragraph 2, as if the reference to the Welsh Ministers were or included a reference to an appointed person. Determination by appointed person 7 Where a decision on a relevant application or consent is determined by an appointed person, that person's decision is to be treated as being the decision of the Welsh Ministers (including for the purposes of section 284). 8 1 It is not a ground of application to the High Court under section 288 that the determination ought to have been made by the Welsh Ministers instead of an appointed person, unless the applicant challenges the person's power to make the determination before the person's decision is given. 2 But in the case of an application under section 62D or a secondary consent to which section 62F(2) applies, the restriction imposed by sub-paragraph (1) applies only if the function of making the decision in question is a function specified in regulations under paragraph 1. Power of Welsh Ministers to exercise functions in place of appointed person 9 The Welsh Ministers may direct that functions specified in the direction are to be exercised, in respect of a relevant application or consent, by them instead of by a person appointed under paragraph 1 or paragraph 2. 10 A copy of a direction given under paragraph 9 in respect of a relevant application or consent is to be served on— a the person (if any) appointed, in respect of the application or consent, under paragraph 1 or 2; b the applicant; c in the case of an application under section 62M or 62O, the local planning authority or hazardous substances authority concerned. 11 1 Sub-paragraph (2) applies where, in consequence of a direction under paragraph 9, a decision on an application or consent is to be made by the Welsh Ministers instead of a person appointed under paragraph 1 or 2. 2 In making their decision, the Welsh Ministers may take into account any report made to them by any person previously appointed under paragraph 1 or 2 in respect of the application. 12 Subject to that, for the purpose of the exercise of functions by the Welsh Ministers in consequence of a direction under paragraph 9, the application or consent concerned is to be treated as though no appointment under paragraph 1 or 2 had ever been made. 13 1 The Welsh Ministers may by a further direction revoke a direction under paragraph 9 at any time before the decision on the application or consent concerned has been made. 2 On giving a direction under this paragraph, the Welsh Ministers must serve a copy of the direction on— a the person, if any, previously appointed under paragraph 1 or 2 in respect of the application or consent; b the applicant; c in the case of an application under section 62M or 62O, the local planning authority or hazardous substances authority concerned. 3 Where a direction is given under this paragraph— a the Welsh Ministers must appoint a person (the “new appointee”) under paragraph 1 or 2, as the case may be, in respect of the application or consent, b anything done by or on behalf of the Welsh Ministers in connection with the application or consent that might have been done by a person appointed under paragraph 1 or 2 is, unless the new appointee directs otherwise, to be treated as having been done by that person, and c subject to that, this Schedule applies as if no direction under paragraph 9 had been given. Power of Welsh Ministers to appoint assessor 14 Where an appointed person holds a hearing or inquiry in relation to a relevant application or consent, the Welsh Ministers may appoint an assessor to assist the appointed person at the hearing or inquiry. 2 In section 59 of PCPA 2004 (correction of errors: supplementary), after subsection (2) insert— 2A An inspector is also a person appointed under Schedule 4D of the principal Act to determine an application instead of the Welsh Ministers. SCHEDULE 4 APPLICATIONS TO WELSH MINISTERS: FURTHER AMENDMENTS (introduced by section 27) 1 TCPA 1990 is amended as follows. 2 In section 58 (granting of planning permission: general), in subsection (1)(b)— a after “by the Secretary of State” insert “ or the Welsh Ministers ” ; b after “to the Secretary of State” insert “ or the Welsh Ministers ” . 3 In section 59 (development orders: general), in subsection (2)(b)— a after “by the Secretary of State” insert “ or the Welsh Ministers ” ; b after “to the Secretary of State” insert “ or the Welsh Ministers ” . 4 Before section 62A insert— “ England: option to make application directly to Secretary of State ” . 5 In section 70 (determination of applications), in subsection (1)(a), after “subject to” insert “ section 62D(5) and ” . 6 In section 70A (power to decline to determine application), as it applies in relation to Wales, in subsection (1)(a), for “Secretary of State has refused a similar application referred to him under section 77 or has” substitute “ Welsh Ministers have refused a similar application made to them under section 62D, 62F, 62M or 62O, or referred to them under section 77, or have ” . 7 After section 75 insert— Applications made to the Welsh Ministers: applicable provisions Provisions applying for purpose of applications made to the Welsh Ministers 75A 1 A development order may provide for an applicable enactment or requirement— a to apply, with or without modifications, to an application made to the Welsh Ministers under section 62D, 62M or 62O, or b not to apply to such an application. 2 For this purpose an applicable enactment or requirement, in relation to an application made to the Welsh Ministers under section 62D, 62M or 62O, is— a any provision of or made under this Act, or any other enactment, relating to applications of that kind when made to the relevant authority; b any requirements imposed by a development order in respect of applications of that kind when made to the relevant authority. 3 The “ relevant authority ”, in relation to an application made to the Welsh Ministers under section 62D, 62M or 62O, is the authority to which, but for the section in question, the application would have been made. 8 In section 87 (exclusion of certain land or descriptions of development from simplified planning zone scheme), after subsection (4) insert— 5 A simplified planning zone scheme does not have effect to grant planning permission for the development of land in Wales, where the development is of national significance for the purposes of section 62D. 9 In section 88 (planning permission for development in enterprise zones), after subsection (10) insert— 11 An enterprise zone scheme does not have effect to grant planning permission for the development of land in Wales, where the development is of national significance for the purposes of section 62D. 10 In section 92 (outline planning permission), in subsection (1), after “authority” insert “ , the Welsh Ministers ” . 11 In section 93 (provisions supplementary to sections 91 and 92), in subsection (1)(a), after “authority” insert “ , the Welsh Ministers ” . 12 In section 99 (procedure for orders revoking or modifying planning permission: unopposed cases), in subsection (8)(a), after “Secretary of State” insert “ or the Welsh Ministers ” . 13 In section 253 (procedure in anticipation of planning permission), in subsection (2), after paragraph (a) insert— aa that application has been made to the Welsh Ministers under section 62D, 62F, 62M or 62O; or . 14 In section 257 (footpaths etc affected by other development: orders by other authorities), in subsection (4)— a in paragraph (a), after “Secretary of State” insert “ or by the Welsh Ministers ” ; b in paragraph (c), after “62A” insert “ or to the Welsh Ministers under section 62D, 62F, 62M or 62O ” . 15 1 Section 284 (actions which may be questioned in legal proceedings only so far as provided by Part 12) is amended as follows. 2 In subsection (1)(f), after “Secretary of State” insert “ or the Welsh Ministers ” . 3 In subsection (3)— a in the opening words, after “action on the part of the Secretary of State” insert “ or the Welsh Ministers ” ; b in paragraph (a), for “him” substitute “ the Secretary of State or the Welsh Ministers ” ; c after paragraph (a) insert— aa any decision on an application made to the Welsh Ministers under section 62D; ab any decision on a secondary consent dealt with by the Welsh Ministers under section 62F, unless, by virtue of an enactment not contained in this Act— i an appeal against that decision may be made to a person other than the Welsh Ministers, or ii the validity of the decision may otherwise be questioned by way of application to a person other than the Welsh Ministers; ac any decision on an application made to the Welsh Ministers under section 62M or section 62O (not including a decision to refer an application under section 62O(5)); ; d in paragraph (h), after “Secretary of State” insert “ or the Welsh Ministers ” . 4 In subsection (4), after “Secretary of State” insert “ or the Welsh Ministers ” . 16 1 Section 288 (proceedings for questioning the validity of other orders, etc) is amended as follows. 2 In subsection (1)(b), after “Secretary of State” insert “ or the Welsh Ministers ” . 3 In subsection (2), after “Secretary of State” insert “ or the Welsh Ministers ” . 4 In subsection (4), after “Secretary of State” insert “ or the Welsh Ministers ” . 5 In subsection (10)— a in paragraph (a), for “has modified” substitute “ or the Welsh Ministers have modified ” ; b in paragraph (b)— i after “Secretary of State” insert “ or the Welsh Ministers ” ; ii for “him” substitute “ the Secretary of State or the Welsh Ministers ” . 17 1 Section 293A (urgent Crown development: application) is amended as follows. 2 In subsection (2), omit “to the local planning authority”. 3 In subsection (3), for “the application to the Secretary of State” substitute “ an application under this section ” . 18 In section 303 (fees for planning applications, etc), after subsection (1A) insert— 1B The Welsh Ministers may by regulations make provision for the payment of a fee or charge to the Welsh Ministers in respect of— a the performance by the Welsh Ministers of any function they have in respect of an application under section 62D (developments of national significance), section 62M (option to make application directly to Welsh Ministers) or section 62O (connected applications); b anything done by the Welsh Ministers which is calculated to facilitate, or is conducive or incidental to, the performance of any such function. 1C References in subsection (1B) to functions that the Welsh Ministers have in respect of an application include references— a in the case of an application under section 62D, to any functions that the Welsh Ministers have in respect of a secondary consent to which, by virtue of the connection between the consent and the application under section 62D, section 62F(2) applies; b to any functions that the Welsh Ministers have, by virtue of provision under section 61Z1, in respect of an application proposed to be made to the Welsh Ministers under section 62D, 62F, 62M or 62O. 19 1 Section 316 (land of interested planning authorities and development by them) is amended as follows 2 In subsection (4), for “such land, or for such development,” substitute “ land of an interested planning authority other than the Welsh Ministers, or for the development of land by an interested planning authority other than the Welsh Ministers, ” . 3 In subsection (5), after “interested planning authority” insert “ other than the Welsh Ministers ” . 4 In subsection (6), after “that land” insert “ or the Welsh Ministers ” . 5 After subsection (8) insert— 9 The power to make regulations under this section relating to land of the Welsh Ministers or to the development of land by the Welsh Ministers is exercisable by the Welsh Ministers. 20 1 Section 319B (determination of procedure for certain proceedings) is amended as follows. 2 After subsection (5) insert— 5A In a case where an application has been made to the Welsh Ministers under section 62D, 62M or 62O, they must also notify any representative persons they consider appropriate. 3 In subsection (7), before paragraph (a) insert— za an application made to the Welsh Ministers under section 62D, including proceedings relating to any secondary consent in respect of which, by virtue of its connection to that application, section 62F(2) applies; zb an application made to the Welsh Ministers under section 62M or 62O; . 4 After subsection (8) insert— 8A For the purposes of this section as it applies where an application has been made to the Welsh Ministers under section 62D, 62M or 62O— “ the local planning authority ” means the local planning authority to which, but for the section in question, the application would have been made; “representative persons” are prescribed persons, or persons of a prescribed description, who appear to the Welsh Ministers to be representative of interested persons; “interested persons” are persons, other than the applicant and the local planning authority, who appear to the Welsh Ministers to have an interest in the proceedings. 21 In section 324 (rights of entry), in subsection (1), after paragraph (b) insert— ba any application made to the Welsh Ministers under section 62O; bb any secondary consent in respect of which, by virtue of section 62F(2), a decision is to be made by the Welsh Ministers; . 22 In Schedule 1A (distribution of local planning authority functions: Wales), in paragraph 8 (claims for payment of compensation where planning permission revoked or modified), after sub-paragraph (2) insert— 2A Sub-paragraph (2B) applies where the planning permission the revocation or modification of which gave rise to the claim was granted by the Welsh Ministers by virtue of section 62D, 62F, 62M or 62O. 2B The local planning authority to which the application for planning permission would, but for the section in question, have been made, are to be treated for the purposes of sub-paragraph (2)(a) as having granted the permission. 23 1 In Schedule 16, Part 1 (provisions which may be modified in relation to development relating to minerals etc. ) is amended as follows. 2 For the entry relating to sections 61 and 62 substitute— Section 61. Sections 61Z to 61Z2. Section 62. Sections 62D to 62S. 3 After the entry relating to section 70A insert— “ Sections 71ZA and 71ZB. ” 4 After the entry relating to section 100 insert— “ Section 100A. ” SCHEDULE 5 COSTS AND PROCEDURE ON APPEALS ETC: FURTHER AMENDMENTS (introduced by section 51) Highways Act 1980 (c. 66) 1 The Highways Act 1980 is amended as follows. 2 1 Section 121 is amended as follows. 2 In subsection (5D), after “above” insert “ in England ” . 3 In subsection (5E), after “above” insert “ in England ” . 4 After subsection (5E) insert— 5F Section 322C of the Town and Country Planning Act 1990 (costs: Wales) applies in relation to a hearing or inquiry under subsection (5A) above in Wales as it applies in relation to a hearing or inquiry mentioned in that section. 3 In Schedule 6, in paragraph 2B— a in sub-paragraph (1), after “above” insert “ in England ” ; b in sub-paragraph (3), after “above” insert “ in England ” ; c after sub-paragraph (3) insert— 4 Section 322C of the Town and Country Planning Act 1990 (costs: Wales) applies in relation to a hearing or inquiry under sub-paragraph (2) above in Wales as it applies in relation to a hearing or inquiry mentioned in that section. Wildlife and Countryside Act 1981 (c. 69) 4 The Wildlife and Countryside Act 1981 is amended as follows. 5 In section 28F, after subsection (11) insert— 12 In relation to Wales this section has effect as if for subsections (10) and (11) there were substituted— 10 Section 322C of the Town and Country Planning Act 1990 (costs: Wales) applies in relation to a hearing or inquiry under this section in Wales as it applies in relation to a hearing or inquiry mentioned in that section. 6 In section 28L, after subsection (13) insert— 14 In relation to Wales this section has effect as if for subsections (12) and (13) there were substituted— 12 Section 322C of the Town and Country Planning Act 1990 (costs: Wales) applies in relation to a hearing or inquiry under this section in Wales as it applies in relation to a hearing or inquiry mentioned in that section. 7 In Schedule 15, in paragraph 10A— a in sub-paragraph (1), after “8” insert “ in England ” ; b in sub-paragraph (3), after “8” insert “ in England ” ; c after sub-paragraph (3) insert— 4 Section 322C of the Town and Country Planning Act 1990 (costs: Wales) applies in relation to a hearing or inquiry under paragraph 7 or 8 in Wales as it applies in relation to a hearing or inquiry mentioned in that section. Town and Country Planning Act 1990 (c. 8) 8 TCPA 1990 is amended as follows. 9 In section 175, in subsection (7), after “any proceedings” insert “ in England ” . 10 In section 196, in subsection (8), after “any proceedings” insert “ in England ” . 11 In section 208, omit subsection (11). 12 1 Section 320 is amended as follows. 2 In subsection (1)— a after “Secretary of State” insert “ or the Welsh Ministers ” ; b after “his” insert “ or their ” . 3 In subsection (2), for “held by virtue of this section” substitute “ caused to be held under this section by the Secretary of State; and subsections (2) and (3) of that section apply to an inquiry caused to be held under this section by the Welsh Ministers ” . 4 In subsection (3), for “held in England” substitute “ caused to be held by the Secretary of State ” . 13 1 Section 322 is amended as follows. 2 Omit subsection (1AA). 3 In subsection (2), after “proceedings” insert “ in England ” . 4 In the heading, after “held” insert ”: England”. 14 1 Section 322A is amended as follows. 2 In subsection (1)(a), after “proceedings” insert “ in England ” . 3 Omit subsection (1B). 15 1 Section 323 is amended as follows. 2 In subsection (1), after “proceedings” insert “ in England ” . 3 Omit subsection (1B). 4 In the heading, after “applications” insert “ : England ” . 16 1 Schedule 6 is amended as follows. 2 In paragraph 6— a in sub-paragraph (4), after “paragraph” insert “ in England ” ; b after sub-paragraph (4) insert— 4A Subsections (2) and (3) of that section apply to an inquiry held under this paragraph in Wales. ; c in sub-paragraph (5), after “proceedings” insert “ in England ” . 3 In paragraph 8, in sub-paragraph (1), after “hearing held” insert “ in England ” . 17 In Schedule 7, in paragraph 8— a in sub-paragraph (6), after “hearing held” insert “ in England ” ; b after sub-paragraph (6) insert— 6A The power to make regulations under section 323A applies in relation to a local inquiry or other hearing held in Wales under this paragraph as it applies in relation to an inquiry or hearing held by the Welsh Ministers under this Act and as if references in section 323A(3) and (4) to the Welsh Ministers included references to a local planning authority. 18 In Schedule 8, in paragraph 5— a in sub-paragraph (3), after “inquiry held” insert “ in England ” ; b after sub-paragraph (3) insert— 3ZA The power to make regulations under section 323A applies in relation to an inquiry held in Wales by a commission under this paragraph as it applies in relation to an inquiry held by the Welsh Ministers under this Act and as if references in section 323A(3) and (4) to the Welsh Ministers included references to a commission. ; c in sub-paragraph (4), after “sub-paragraph (1)” insert “ in England, and subsections (2) and (3) of that section shall apply in relation to an inquiry held under that sub-paragraph in Wales, ” . ... 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Planning (Hazardous Substances) Act 1990 (c. 10) 23 The Planning (Hazardous Substances) Act 1990 is amended as follows. 24 In section 25, in subsection (5), after “any proceedings” insert “ in England ” . 25 1 Section 37 is amended as follows. 2 In subsection (2)— a in the entry relating to section 322, after “held” insert “ : England ” ; b after the entry relating to section 322A, insert— “ section 322C (costs: Wales) ” ; c in the entry relating to section 323, after “applications” insert “ : England ” ; d after the entry relating to section 323, insert— “ section 323A (procedure for certain proceedings: Wales) ” . 3 Omit subsection (4). 26 In the Schedule, in paragraph 6— a in sub-paragraph (4), after “paragraph” insert “ in England ” ; b after sub-paragraph (4) insert— 4A Subsections (2) and (3) of that section apply to an inquiry held under this paragraph in Wales.”; ; c in sub-paragraph (5), for “such inquiry” substitute “ inquiry held by virtue of this paragraph ” ; d in sub-paragraph (8), after “proceedings” insert “ in England ” . Tribunals and Inquiries Act 1992 (c. 53) 27 In section 16 of the Tribunals and Inquiries Act 1992, in subsection (1), in the definition of “statutory inquiry”, after paragraph (b) insert— “ but does not include an inquiry or hearing held or to be held in Wales under any provision of the Town and Country Planning Act 1990, the Planning (Listed Buildings and Conservation Areas) Act 1990 or the Planning (Hazardous Substances) Act 1990, ” . SCHEDULE 6 TOWN AND VILLAGE GREENS: NEW SCHEDULE 1B TO THE COMMONS ACT 2006 (introduced by section 53(3)) SCHEDULE 1B EXCLUSION OF RIGHT UNDER SECTION 15: WALES Trigger events Terminating events 1. An application for planning permission for development of the land is granted under the 1990 Act, or a direction that planning permission for development of the land is deemed to be granted is given under section 90 of that Act. a Where the planning permission is subject to a condition that the development to which it relates must be begun within a particular period, that period expires without the development having been begun. b On the expiry of the period specified in a completion notice, the planning permission ceases to have effect in relation to the land by virtue of section 95(4) of the 1990 Act. c An order made by the local planning authority or the Welsh Ministers under section 97 of the 1990 Act revokes the planning permission or modifies it so that it does not apply in relation to the land. d The planning permission is quashed by a court. 2. A local development order which grants planning permission for operational development of the land is adopted for the purposes of paragraph 3 of Schedule 4A to the 1990 Act. a The permission granted by the order for operational development of the land ceases to apply by virtue of a condition or limitation specified in the order under section 61C(1) of the 1990 Act. b A direction is issued under powers conferred by the order under section 61C(2) of the 1990 Act, with the effect that the grant of permission by the order does not apply to operational development of the land. c The order is revised under paragraph 2 of Schedule 4A to the 1990 Act so that it does not grant planning permission for operational development of the land. d The order is revoked under section 61A(6) or 61B(8) of the 1990 Act. e The order is quashed by a court. 3. An order granting development consent for development of the land is made under section 114 of the 2008 Act. a The order granting development consent ceases to have effect by virtue of section 154(2) of the 2008 Act. b An order made by the Secretary of State under paragraph 2 or 3 of Schedule 6 to the 2008 Act changes the order granting development consent so that it does not apply in relation to the land. c An order made by the Secretary of State under paragraph 3 of Schedule 6 to the 2008 Act revokes the order granting development consent. d The order granting development consent is quashed by a court. Interpretation 1 In this Schedule— “ operational development ” means any development within the meaning of the 1990 Act other than development which consists only of the making of a material change in the use of any buildings or other land; “ the 1990 Act ” means the Town and Country Planning Act 1990; “ the 2008 Act ” means the Planning Act 2008. 2 An event specified in the entry in the second column of the Table corresponding to paragraph 2 is not a terminating event in circumstances where the local development order permits the completion of operational development of the land which began before the occurrence of the event. SCHEDULE 7 REGULATIONS AND ORDERS MADE BY WELSH MINISTERS (introduced by section 55) Regulations under PCPA 2004 1 1 Section 122 of PCPA 2004 (regulations and orders) is amended as follows. 2 In subsection (1)(b), for “National Assembly for Wales” substitute “ Welsh Ministers ” . 3 In subsection (5)(g), for “National Assembly for Wales” substitute “ Welsh Ministers ” . 4 After subsection (6) insert— 6A Subsection (6) does not apply in relation to a statutory instrument containing subordinate legislation made by the Welsh Ministers. 6B The Welsh Ministers must not make a statutory instrument containing subordinate legislation which includes provision amending or repealing an enactment contained in primary legislation unless a draft of the instrument has been laid before and approved by resolution of the National Assembly for Wales. 6C A statutory instrument containing subordinate legislation made by the Welsh Ministers to which subsection (6B) does not apply is subject to annulment in pursuance of a resolution of the National Assembly for Wales. 5 After subsection (10) insert— 11 In subsection (6B), “ primary legislation ” means— a an Act of Parliament; b an Act or Measure of the National Assembly for Wales. 2 In Schedule 11 to the Government of Wales Act 2006 (c. 32) (transitional provisions), in paragraph 35(4), in Table 2, omit the entries relating to PCPA 2004. Regulations under TCPA 1990 3 In section 333 of TCPA 1990 (regulations and orders), after subsection (3A) insert— 3B Subsection (3) does not apply to a statutory instrument containing regulations made by the Welsh Ministers. 3C A statutory instrument containing regulations made by the Welsh Ministers under this Act is subject to annulment in pursuance of a resolution of the National Assembly for Wales. 3D Subsection (3C) does not apply to a statutory instrument if— a it contains only regulations under section 88(7), b it contains (whether alone or with other provision) regulations under section 315, or c it is within subsection (3F). 3E The Welsh Ministers may not make a statutory instrument within subsection (3F) unless a draft of the instrument has been laid before and approved by resolution of the National Assembly for Wales. 3F A statutory instrument is within this subsection if it contains (whether alone or with other provision) regulations under— a section 9, if the regulations include provision amending an Act of Parliament or an Act or Measure of the National Assembly for Wales; b section 62D(3); c section 62H; d section 116; e section 303; f section 303ZA; g section 316, if the regulations relate to land of the Welsh Ministers or to the development of land by the Welsh Ministers; h section 319ZB. 4 1 TCPA 1990 is further amended as follows. 2 In section 116 (modification of compensation provisions in respect of mineral working etc)— a in subsection (3), after “shall be made” insert “ by the Secretary of State ” ; b in subsection (4)— i after “Secretary of State” insert “ or (as the case may be) the Welsh Ministers ” ; ii after “him” insert “ or them ” . 3 In section 202A (tree preservation regulations: general), which is inserted by section 192(7) of the Planning Act 2008 (c. 29), omit subsections (6) and (7). 4 In section 208 (appeals against notices under section 207), omit subsections (4B) and (4C). 5 In section 303 (fees for planning applications etc)— a in subsection (8)— i after “under this section” insert “ by the Secretary of State ” ; ii omit the words after “each House of Parliament”; b omit subsection (9). 6 In section 303ZA (fees for appeals), which is inserted by section 200 of the Planning Act 2008— a in subsection (6)— i after “under this section” insert “ by the Secretary of State ” ; ii omit the words after “each House of Parliament”; b omit subsection (7). 7 In section 321B (special provision in relation to planning inquiries: Wales), omit subsection (6). Orders under TCPA 1990 5 In section 59 of TCPA 1990 (development orders: general), after subsection (3) insert— 4 In this Act, references to a development order are— a in relation to England, references to a development order made by the Secretary of State; b in relation to Wales, references to a development order made by the Welsh Ministers. 6 1 Section 333 of TCPA 1990 is amended as follows. 2 In subsection (4), after “power” insert “ of the Secretary of State ” . 3 For subsection (4A) substitute— 4A The power of the Welsh Ministers to make development orders and orders under sections 2(1B), 55(2)(f), 87(3), 149(3)(a), 293(1)(c) and 319B(9) is exercisable by statutory instrument. 4B A development order made by the Welsh Ministers may make different provision for different purposes, for different cases (including different classes of development) and for different areas. 4 In subsection (5)— a in paragraph (a), after “an order under” insert “ subsection (1) of ” ; b in paragraph (b)— i after “a development order” insert “ made by the Secretary of State ” ; ii after “an order” insert “ made by the Secretary of State ” ; iii omit “(unless it is made by the National Assembly for Wales)”. 5 After subsection (5A) insert— 5B A statutory instrument containing any of the following is subject to annulment in pursuance of a resolution of the National Assembly for Wales— a an order under subsection (1B) of section 2 which has been made after a local inquiry has been held in accordance with subsection (2) of that section, b a development order made by the Welsh Ministers, or c an order under section 87(3) or 149(3)(a) made by the Welsh Ministers. 5C The Welsh Ministers may not make a statutory instrument containing an order under section 62L(9), 293(1)(c) or 319B(9) unless a draft of the instrument has been laid before and approved by resolution of the National Assembly for Wales. 6 In subsection (6)— a after “subsection (5)” insert “ or (5B) ” ; b after “each House of Parliament” insert “ (in the case of an order made by the Secretary of State) or the National Assembly for Wales (in the case of an order made by the Welsh Ministers) ” . 7 1 TCPA 1990 is further amended as follows. 2 In section 78 (right to appeal against planning decisions and failure to take such decisions), omit subsections (4B) to (4D). 3 In section 195 (appeals against refusal or failure to give decision on application for certificate), omit subsections (1D) to (1F). 4 In section 293 (application of Act to Crown land: preliminary definitions), in subsection (5), after “order made” insert “ by the Secretary of State ” . 5 In section 319B (determination of procedure for certain proceedings), omit subsection (11). Regulations and orders under the Commons Act 2006 8 1 Section 59 of the Commons Act 2006 (c. 26) (orders and regulations) is amended as follows. 2 In subsection (3A), after “order under section 15C(5)” insert “ made by the Secretary of State ” . 3 After subsection (4) insert— 5 A statutory instrument containing regulations under section 29(1) or an order under section 15C(5), 54 or 55 may not be made by the Welsh Ministers unless a draft has been laid before and approved by a resolution of the National Assembly for Wales. 6 Subject to subsection (5), a statutory instrument containing any order or regulations made under this Act by the Welsh Ministers other than an order under section 56 is subject to annulment in pursuance of a resolution of the National Assembly for Wales. 9 In section 61(1) of that Act (interpretation), in the definition of “appropriate national authority”, for “National Assembly for Wales” substitute “ Welsh Ministers ” . S. 3 partly in force; s. 3 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b) S. 7 partly in force; s. 7 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b) S. 8 partly in force; s. 8 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b) S. 9 partly in force; s. 9 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b) S. 10 partly in force; s. 10 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b) S. 11 partly in force; s. 11 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b) S. 12 partly in force; s. 12 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b) S. 13 partly in force; s. 13 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b) S. 14 partly in force; s. 14 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b) S. 15 partly in force; s. 15 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b) S. 16 partly in force; s. 16 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b) S. 17 partly in force; s. 17 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b) S. 18 partly in force; s. 18 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b) S. 19 partly in force; s. 19 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b) S. 20 partly in force; s. 20 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b) S. 21 partly in force; s. 21 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b) S. 22 partly in force; s. 22 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b) S. 23 partly in force; s. 23 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b) S. 24 partly in force; s. 24 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b) S. 25 partly in force; s. 25 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b) S. 26 partly in force; s. 26 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b) S. 27 partly in force; s. 27 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b) S. 28 partly in force; s. 28 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b) S. 29 partly in force; s. 29 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b) S. 30 partly in force; s. 30 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b) S. 31 partly in force; s. 31 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b) S. 32 partly in force; s. 32 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b) S. 33 partly in force; s. 33 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b) S. 34 partly in force; s. 34 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b) S. 35 partly in force; s. 35 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b) S. 36 partly in force; s. 36 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b) S. 37 partly in force; s. 37 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b) S. 38 partly in force; s. 38 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b) S. 39 partly in force; s. 39 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b) S. 40 partly in force; s. 40 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b) S. 41 partly in force; s. 41 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b) S. 42 partly in force; s. 42 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b) S. 43 partly in force; s. 43 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b) S. 44 partly in force; s. 44 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b) S. 45 partly in force; s. 45 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b) S. 46 partly in force; s. 46 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b) S. 47 partly in force; s. 47 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b) S. 48 partly in force; s. 48 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b) S. 49 partly in force; s. 49 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b) S. 50 partly in force; s. 50 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b) S. 51 partly in force; s. 51 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b) S. 52 partly in force; s. 52 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b) S. 53 partly in force; s. 53 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b) S. 54 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b) Sch. 2 para. 1 partly in force; Sch. 2 para. 1 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b) Sch. 2 para. 2 partly in force; Sch. 2 para. 2 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b) Sch. 2 para. 3 partly in force; Sch. 2 para. 3 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b) Sch. 2 para. 4 partly in force; Sch. 2 para. 4 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b) Sch. 2 para. 5 partly in force; Sch. 2 para. 5 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b) Sch. 2 para. 6 partly in force; Sch. 2 para. 6 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b) Sch. 2 para. 7 partly in force; Sch. 2 para. 7 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b) Sch. 2 para. 8 partly in force; Sch. 2 para. 8 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b) Sch. 2 para. 9 partly in force; Sch. 2 para. 9 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b) Sch. 2 para. 10 partly in force; Sch. 2 para. 10 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b) Sch. 2 para. 11 partly in force; Sch. 2 para. 11 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b) Sch. 2 para. 12 partly in force; Sch. 2 para. 12 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b) Sch. 2 para. 14 partly in force; Sch. 2 para. 14 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b) Sch. 2 para. 15 partly in force; Sch. 2 para. 15 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b) Sch. 2 para. 16 partly in force; Sch. 2 para. 16 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b) Sch. 2 para. 23 partly in force; Sch. 2 para. 23 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b) Sch. 2 para. 24 partly in force; Sch. 2 para. 24 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b) Sch. 2 para. 25 partly in force; Sch. 2 para. 25 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b) Sch. 2 para. 26 partly in force; Sch. 2 para. 26 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b) Sch. 2 para. 27 partly in force; Sch. 2 para. 27 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b) Sch. 2 para. 29 partly in force; Sch. 2 para. 29 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b) Sch. 2 para. 33 partly in force; Sch. 2 para. 33 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b) Sch. 2 para. 34 partly in force; Sch. 2 para. 34 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b) Sch. 2 para. 35 partly in force; Sch. 2 para. 35 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b) Sch. 2 para. 36 partly in force; Sch. 2 para. 36 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b) Sch. 3 para. 1 partly in force; Sch. 3 para. 1 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b) Sch. 3 para. 2 partly in force; Sch. 3 para. 2 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b) Sch. 4 para. 1 partly in force; Sch. 4 para. 1 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b) Sch. 4 para. 2 partly in force; Sch. 4 para. 2 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b) Sch. 4 para. 3 partly in force; Sch. 4 para. 3 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b) Sch. 4 para. 4 partly in force; Sch. 4 para. 4 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b) Sch. 4 para. 5 partly in force; Sch. 4 para. 5 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b) Sch. 4 para. 6 partly in force; Sch. 4 para. 6 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b) Sch. 4 para. 7 partly in force; Sch. 4 para. 7 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b) Sch. 4 para. 8 partly in force; Sch. 4 para. 8 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b) Sch. 4 para. 9 partly in force; Sch. 4 para. 9 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b) Sch. 4 para. 10 partly in force; Sch. 4 para. 10 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b) Sch. 4 para. 11 partly in force; Sch. 4 para. 11 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b) Sch. 4 para. 12 partly in force; Sch. 4 para. 12 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b) Sch. 4 para. 13 partly in force; Sch. 4 para. 13 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b) Sch. 4 para. 14 partly in force; Sch. 4 para. 14 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b) Sch. 4 para. 15 partly in force; Sch. 4 para. 15 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b) Sch. 4 para. 16 partly in force; Sch. 4 para. 16 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b) Sch. 4 para. 17 partly in force; Sch. 4 para. 17 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b) Sch. 4 para. 18 partly in force; Sch. 4 para. 18 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b) Sch. 4 para. 19 partly in force; Sch. 4 para. 19 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b) Sch. 4 para. 20 partly in force; Sch. 4 para. 20 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b) Sch. 4 para. 21 partly in force; Sch. 4 para. 21 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b) Sch. 4 para. 22 partly in force; Sch. 4 para. 22 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b) Sch. 4 para. 23 partly in force; Sch. 4 para. 23 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b) Sch. 5 para. 1 partly in force; Sch. 5 para. 1 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b) Sch. 5 para. 2 partly in force; Sch. 5 para. 2 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b) Sch. 5 para. 3 partly in force; Sch. 5 para. 3 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b) Sch. 5 para. 4 partly in force; Sch. 5 para. 4 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b) Sch. 5 para. 5 partly in force; Sch. 5 para. 5 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b) Sch. 5 para. 6 partly in force; Sch. 5 para. 6 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b) Sch. 5 para. 7 partly in force; Sch. 5 para. 7 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b) Sch. 5 para. 8 partly in force; Sch. 5 para. 8 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b) Sch. 5 para. 9 partly in force; Sch. 5 para. 9 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b) Sch. 5 para. 10 partly in force; Sch. 5 para. 10 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b) Sch. 5 para. 11 partly in force; Sch. 5 para. 11 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b) Sch. 5 para. 12 partly in force; Sch. 5 para. 12 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b) Sch. 5 para. 13 partly in force; Sch. 5 para. 13 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b) Sch. 5 para. 14 partly in force; Sch. 5 para. 14 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b) Sch. 5 para. 15 partly in force; Sch. 5 para. 15 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b) Sch. 5 para. 16 partly in force; Sch. 5 para. 16 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b) Sch. 5 para. 17 partly in force; Sch. 5 para. 17 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b) Sch. 5 para. 18 partly in force; Sch. 5 para. 18 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b) Sch. 5 para. 23 partly in force; Sch. 5 para. 23 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b) Sch. 5 para. 24 partly in force; Sch. 5 para. 24 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b) Sch. 5 para. 25 partly in force; Sch. 5 para. 25 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b) Sch. 5 para. 26 partly in force; Sch. 5 para. 26 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b) Sch. 5 para. 27 partly in force; Sch. 5 para. 27 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b) Sch. 6 partly in force; Sch. 6 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b) Sch. 4 para. 19 in force at 1.3.2016 for specified purposes by S.I. 2016/52 , art. 3(e) Sch. 4 para. 8 in force at 1.3.2016 for specified purposes by S.I. 2016/52 , art. 3(e) Sch. 5 para. 7 in force at 1.3.2016 in so far as not already in force by S.I. 2016/52 , art. 4(a) (with art. 17 ) Sch. 5 para. 8 in force at 1.3.2016 in so far as not already in force by S.I. 2016/52 , art. 4(a) (with art. 17 ) S. 45 in force at 16.3.2016 in so far as not already in force by S.I. 2016/52 , art. 5(c) (with art. 15 ) S. 31 in force at 4.1.2016 in so far as not already in force by S.I. 2015/1987 , art. 3(e) Sch. 4 para. 16 in force at 1.3.2016 for specified purposes by S.I. 2016/52 , art. 3(e) Sch. 4 para. 15 in force at 1.3.2016 for specified purposes by S.I. 2016/52 , art. 3(e) S. 39 in force at 5.5.2017 in so far as not already in force by S.I. 2017/546 , art. 3(a) Sch. 5 para. 6 in force at 1.3.2016 in so far as not already in force by S.I. 2016/52 , art. 4(a) (with art. 17 ) S. 12 in force at 4.1.2016 in so far as not already in force by S.I. 2015/1987 , art. 3(b) Sch. 5 para. 12 in force at 1.3.2016 in so far as not already in force by S.I. 2016/52 , art. 4(a) (with art. 17 ) Sch. 4 para. 17 in force at 1.3.2016 for specified purposes by S.I. 2016/52 , art. 3(e) S. 3 in force at 4.1.2016 for specified purposes by S.I. 2015/1987 , art. 2 (with art. 7 ) Sch. 2 para. 33 in force at 4.12.2020 in so far as not already in force by S.I. 2020/1216 , reg. 2(b) Sch. 2 para. 12 in force at 7.1.2021 in so far as not already in force by S.I. 2021/7 , reg. 2(c) Sch. 2 para. 2 in force at 7.1.2021 in so far as not already in force by S.I. 2021/7 , reg. 2(c) Sch. 5 para. 23 in force at 1.3.2016 for specified purposes by S.I. 2016/52 , art. 4(h) (with art. 17 ) Sch. 2 para. 13 omitted (21.1.2021) by virtue of Local Government and Elections (Wales) Act 2021 (asc 1) , s. 175(1)(e) , Sch. 9 para. 12(b) Sch. 4 para. 2 in force at 1.3.2016 for specified purposes by S.I. 2016/52 , art. 3(e) Sch. 5 para. 25(1)(2)(a)(b) in force at 1.3.2016 in so far as not already in force by S.I. 2016/52 , art. 4(j) (with art. 17 ) S. 34 in force at 1.3.2016 for specified purposes by S.I. 2016/52 , art. 3(b) (with art. 12 ) Sch. 4 para. 13 in force at 1.3.2016 for specified purposes by S.I. 2016/52 , art. 3(e) Sch. 6 in force at 22.10.2018 in so far as not already in force by S.I. 2018/1022 , art. 2(b) (with art. 3 ) Sch. 2 para. 16 in force at 7.1.2021 in so far as not already in force by S.I. 2021/7 , reg. 2(c) Sch. 2 para. 25 in force at 4.12.2020 in so far as not already in force by S.I. 2020/1216 , reg. 2(b) S. 7 in force at 4.12.2020 in so far as not already in force by S.I. 2020/1216 , reg. 2(a) Sch. 5 para. 17 in force at 5.5.2017 in so far as not already in force by S.I. 2017/546 , art. 3(e) Sch. 4 para. 23 in force at 1.3.2016 for specified purposes by S.I. 2016/52 , art. 3(e) S. 14 in force at 4.1.2016 in so far as not already in force by S.I. 2015/1987 , art. 3(d) S. 42 in force at 16.3.2016 in so far as not already in force by S.I. 2015/1987 , art. 4(d) S. 33 in force at 1.3.2016 for specified purposes by S.I. 2016/52 , art. 3(b) (with art. 12 ) S. 48 in force at 5.5.2017 in so far as not already in force by S.I. 2017/546 , art. 3(b) S. 13 in force at 4.1.2016 in so far as not already in force by S.I. 2015/1987 , art. 3(c) Sch. 2 para. 5 in force at 7.1.2021 in so far as not already in force by S.I. 2021/7 , reg. 2(c) S. 8 in force at 4.12.2020 in so far as not already in force by S.I. 2020/1216 , reg. 2(a) S. 52 in force at 22.10.2018 in so far as not already in force by S.I. 2018/1022 , art. 2(a) S. 3 in force at 4.12.2020 in so far as not already in force by S.I. 2020/1216 , reg. 2(a) S. 43 in force at 16.3.2016 in so far as not already in force by S.I. 2016/52 , art. 5(c) Sch. 2 para. 28 omitted (21.5.2016) by virtue of Environment (Wales) Act 2016 (anaw 3) , s. 88(2)(a) , Sch. 2 para. 11 Sch. 5 para. 14 in force at 1.3.2016 in so far as not already in force by S.I. 2016/52 , art. 4(a) (with art. 17 ) Sch. 4 para. 7 in force at 1.3.2016 for specified purposes by S.I. 2016/52 , art. 3(e) Sch. 2 para. 10(4)-(7) omitted (21.1.2021) by virtue of Local Government and Elections (Wales) Act 2021 (asc 1) , s. 175(1)(e) , Sch. 9 para. 12(a) S. 44 in force at 16.3.2016 in so far as not already in force by S.I. 2016/52 , art. 5(c) (with art. 14 ) Sch. 2 para. 34(1)(3)(a) in force at 4.12.2020 in so far as not already in force by S.I. 2020/1216 , reg. 2(b) S. 2 in force at 1.4.2016 by S.I. 2015/1987 , art. 5(a) (with art. 6 ) S. 29 in force at 16.3.2016 in so far as not already in force by S.I. 2016/52 , art. 5(a) (with arts. 9 , 10 ) S. 11 in force at 4.1.2016 in so far as not already in force by S.I. 2015/1987 , art. 3(a) (with art. 6 ) Sch. 2 para. 3 in force at 7.1.2021 in so far as not already in force by S.I. 2021/7 , reg. 2(c) Sch. 4 para. 22 in force at 1.3.2016 for specified purposes by S.I. 2016/52 , art. 3(e) S. 22 in force at 1.3.2016 in so far as not already in force by S.I. 2016/52 , art. 2(a) S. 15(3) in force at 1.4.2016 in so far as not already in force by S.I. 2015/1987 , art. 5(b) Sch. 2 para. 15 in force at 4.12.2020 in so far as not already in force by S.I. 2020/1216 , reg. 2(b) Sch. 5 para. 4 in force at 1.3.2016 in so far as not already in force by S.I. 2016/52 , art. 4(a) (with art. 17 ) S. 33 in force at 16.3.2016 in so far as not already in force by S.I. 2016/52 , art. 5(b) Sch. 5 para. 16(2) in force at 1.3.2016 in so far as not already in force by S.I. 2016/52 , art. 4(b) (with art. 17 ) Sch. 2 para. 34(3)(b) omitted (21.1.2021) by virtue of Local Government and Elections (Wales) Act 2021 (asc 1) , s. 175(1)(e) , Sch. 9 para. 12(h) Sch. 4 para. 3 in force at 1.3.2016 for specified purposes by S.I. 2016/52 , art. 3(e) Sch. 2 para. 32 omitted (21.1.2021) by virtue of Local Government and Elections (Wales) Act 2021 (asc 1) , s. 175(1)(e) , Sch. 9 para. 12(g) Sch. 5 para. 18 in force at 1.3.2016 for specified purposes by S.I. 2016/52 , art. 4(c) (with art. 17 ) S. 27 in force at 1.3.2016 for specified purposes by S.I. 2016/52 , art. 3(a) Sch. 5 para. 5 in force at 1.3.2016 in so far as not already in force by S.I. 2016/52 , art. 4(a) (with art. 17 ) Sch. 4 para. 14 in force at 1.3.2016 for specified purposes by S.I. 2016/52 , art. 3(e) S. 54 in force at 10.4.2017 in so far as not already in force by S.I. 2017/546 , art. 2 Sch. 2 para. 4 in force at 7.1.2021 in so far as not already in force by S.I. 2021/7 , reg. 2(c) Ss. 4-6 and cross-heading omitted (21.1.2021) by virtue of Local Government and Elections (Wales) Act 2021 (asc 1) , s. 175(1)(e) , Sch. 9 para. 10 Sch. 5 para. 26 in force at 1.3.2016 in so far as not already in force by S.I. 2016/52 , art. 4(k) (with art. 17 ) S. 34 in force at 16.3.2016 in so far as not already in force by S.I. 2016/52 , art. 5(b) Sch. 2 para. 9 in force at 7.1.2021 in so far as not already in force by S.I. 2021/7 , reg. 2(c) Sch. 5 para. 25(2)(c)(d)(3) in force at 5.5.2017 in so far as not already in force by S.I. 2017/546 , art. 3(e) Sch. 4 para. 11 in force at 1.3.2016 for specified purposes by S.I. 2016/52 , art. 3(e) Sch. 4 para. 1 in force at 1.3.2016 for specified purposes by S.I. 2016/52 , art. 3(e) Sch. 4 para. 21 in force at 1.3.2016 for specified purposes by S.I. 2016/52 , art. 3(e) Sch. 2 para. 36 in force at 4.12.2020 in so far as not already in force by S.I. 2020/1216 , reg. 2(b) Sch. 5 para. 2 in force at 1.3.2016 in so far as not already in force by S.I. 2016/52 , art. 4(a) (with art. 17 ) S. 19 in force at 1.3.2016 in so far as not already in force by S.I. 2016/52 , art. 2(a) (with art. 7 ) Sch. 2 paras. 17-19 and cross-heading omitted (21.1.2021) by virtue of Local Government and Elections (Wales) Act 2021 (asc 1) , s. 175(1)(e) , Sch. 9 para. 12(d) Sch. 2 paras. 20-22 and cross-headings omitted (21.1.2021) by virtue of Local Government and Elections (Wales) Act 2021 (asc 1) , s. 175(1)(e) , Sch. 9 para. 12(e) S. 28 in force at 16.3.2016 in so far as not already in force by S.I. 2016/52 , art. 5(a) (with art. 8 ) Sch. 2 para. 27 in force at 4.12.2020 in so far as not already in force by S.I. 2020/1216 , reg. 2(b) Sch. 2 para. 16(b) omitted (21.1.2021) by virtue of Local Government and Elections (Wales) Act 2021 (asc 1) , s. 175(1)(e) , Sch. 9 para. 12(c) S. 41 in force at 16.3.2016 in so far as not already in force by S.I. 2015/1987 , art. 4(c) Sch. 5 para. 11 in force at 1.3.2016 in so far as not already in force by S.I. 2016/52 , art. 4(a) (with art. 17 ) Sch. 2 para. 23 in force at 4.12.2020 in so far as not already in force by S.I. 2020/1216 , reg. 2(b) Sch. 2 para. 29 in force at 4.12.2020 in so far as not already in force by S.I. 2020/1216 , reg. 2(b) S. 20 in force at 1.3.2016 in so far as not already in force by S.I. 2016/52 , art. 2(a) Sch. 5 para. 13 in force at 1.3.2016 in so far as not already in force by S.I. 2016/52 , art. 4(a) (with art. 17 ) Sch. 2 para. 35 in force at 4.12.2020 in so far as not already in force by S.I. 2020/1216 , reg. 2(b) Sch. 2 para. 6 in force at 7.1.2021 in so far as not already in force by S.I. 2021/7 , reg. 2(c) S. 21 in force at 1.3.2016 in so far as not already in force by S.I. 2016/52 , art. 2(a) Sch. 5 para. 3 in force at 1.3.2016 in so far as not already in force by S.I. 2016/52 , art. 4(a) (with art. 17 ) Sch. 5 para. 16(1)(3) in force at 5.5.2017 in so far as not already in force by S.I. 2017/546 , art. 3(e) Sch. 4 para. 18 in force at 1.3.2016 for specified purposes by S.I. 2016/52 , art. 3(e) Sch. 5 para. 24 in force at 1.3.2016 in so far as not already in force by S.I. 2016/52 , art. 4(i) (with art. 17 ) S. 53 in force at 22.10.2018 in so far as not already in force by S.I. 2018/1022 , art. 2(a) (with art. 3 ) S. 49 in force at 1.3.2016 in so far as not already in force by S.I. 2016/52 , art. 2(b) (with art. 16 ) Sch. 2 para. 1 in force at 7.1.2021 in so far as not already in force by S.I. 2021/7 , reg. 2(b) Sch. 5 para. 18 in force at 5.5.2017 in so far as not already in force by S.I. 2017/546 , art. 3(e) S. 50 in force at 1.3.2016 for specified purposes by S.I. 2016/52 , art. 3(c) Sch. 4 para. 12 in force at 1.3.2016 for specified purposes by S.I. 2016/52 , art. 3(e) Sch. 2 para. 7 in force at 7.1.2021 in so far as not already in force by S.I. 2021/7 , reg. 2(c) S. 26 in force at 1.3.2016 for specified purposes by S.I. 2016/52 , art. 3(a) Sch. 4 para. 9 in force at 1.3.2016 for specified purposes by S.I. 2016/52 , art. 3(e) S. 32 in force at 16.3.2016 in so far as not already in force by S.I. 2016/52 , art. 5(b) (with art. 11 ) Sch. 4 para. 6 in force at 1.3.2016 for specified purposes by S.I. 2016/52 , art. 3(e) Sch. 2 para. 24 in force at 4.12.2020 in so far as not already in force by S.I. 2020/1216 , reg. 2(b) Sch. 2 para. 26 in force at 4.12.2020 in so far as not already in force by S.I. 2020/1216 , reg. 2(b) S. 15(1)(2) in force at 16.3.2016 in so far as not already in force by S.I. 2015/1987 , art. 4(a) S. 10 in force at 4.12.2020 in so far as not already in force by S.I. 2020/1216 , reg. 2(a) S. 25 in force at 1.3.2016 for specified purposes by S.I. 2016/52 , art. 3(a) S. 51 in force at 1.3.2016 for specified purposes by S.I. 2016/52 , art. 4 S. 9 in force at 4.12.2020 in so far as not already in force by S.I. 2020/1216 , reg. 2(a) S. 35 in force at 16.3.2016 in so far as not already in force by S.I. 2016/52 , art. 5(b) (with art. 13 ) Sch. 3 para. 2 in force at 1.3.2016 for specified purposes by S.I. 2016/52 , art. 3(d) Sch. 4 para. 4 in force at 1.3.2016 for specified purposes by S.I. 2016/52 , art. 3(e) Sch. 2 para. 14 in force at 7.1.2021 in so far as not already in force by S.I. 2021/7 , reg. 2(c) S. 36 in force at 16.3.2016 in so far as not already in force by S.I. 2016/52 , art. 5(b) (with art. 13 ) Sch. 5 para. 23 in force at 5.5.2017 in so far as not already in force by S.I. 2017/546 , art. 3(e) S. 24 in force at 1.3.2016 for specified purposes by S.I. 2016/52 , art. 3(a) S. 46 in force at 16.3.2016 in so far as not already in force by S.I. 2016/52 , art. 5(c) (with art. 14 ) S. 50 in force at 5.5.2017 in so far as not already in force by S.I. 2017/546 , art. 3(c) Sch. 5 para. 1 in force at 1.3.2016 in so far as not already in force by S.I. 2016/52 , art. 4(a) (with art. 17 ) Sch. 2 para. 11 in force at 7.1.2021 in so far as not already in force by S.I. 2021/7 , reg. 2(c) S. 51 in force at 5.5.2017 in so far as not already in force by S.I. 2017/546 , art. 3(d) S. 47 in force at 5.5.2017 in so far as not already in force by S.I. 2017/546 , art. 3(b) Sch. 2 para. 8 in force at 7.1.2021 in so far as not already in force by S.I. 2021/7 , reg. 2(c) S. 30 in force at 16.3.2016 in so far as not already in force by S.I. 2016/52 , art. 5(a) Sch. 4 para. 5 in force at 1.3.2016 for specified purposes by S.I. 2016/52 , art. 3(e) Sch. 5 para. 16(1) in force at 1.3.2016 for specified purposes by S.I. 2016/52 , art. 4(b) (with art. 17 ) Sch. 2 para. 10(1)-(6) in force at 7.1.2021 in so far as not already in force by S.I. 2021/7 , reg. 2(c) Sch. 1 omitted (21.1.2021) by virtue of Local Government and Elections (Wales) Act 2021 (asc 1) , s. 175(1)(e) , Sch. 9 para. 11 Sch. 5 para. 15 in force at 5.5.2017 in so far as not already in force by S.I. 2017/546 , art. 3(e) Sch. 3 para. 1 in force at 1.3.2016 for specified purposes by S.I. 2016/52 , art. 3(d) S. 40 in force at 16.3.2016 in so far as not already in force by S.I. 2015/1987 , art. 4(b) S. 16 in force at 4.12.2020 in so far as not already in force by S.I. 2020/1216 , reg. 2(a) S. 18 in force at 1.3.2016 in so far as not already in force by S.I. 2016/52 , art. 2(a) Sch. 4 para. 20 in force at 1.3.2016 for specified purposes by S.I. 2016/52 , art. 3(e) Sch. 5 para. 27 in force at 5.5.2017 in so far as not already in force by S.I. 2017/546 , art. 3(e) S. 38 in force at 16.3.2016 in so far as not already in force by S.I. 2016/52 , art. 5(b) Sch. 2 para. 34(2), (3)(b) in force at 7.1.2021 in so far as not already in force by S.I. 2021/7 , reg. 2(c) S. 37 in force at 16.3.2016 in so far as not already in force by S.I. 2016/52 , art. 5(b) Sch. 5 para. 10 in force at 1.3.2016 in so far as not already in force by S.I. 2016/52 , art. 4(a) (with art. 17 ) Sch. 5 para. 9 in force at 1.3.2016 in so far as not already in force by S.I. 2016/52 , art. 4(a) (with art. 17 ) Sch. 4 para. 10 in force at 1.3.2016 for specified purposes by S.I. 2016/52 , art. 3(e) S. 17 in force at 1.3.2016 in so far as not already in force by S.I. 2016/52 , art. 2(a) (with art. 6 ) Sch. 5 para. 19 cross-heading omitted (4.11.2024) by virtue of Historic Environment (Wales) Act 2023 (asc 3) , s. 212(2) , Sch. 13 para. 192 (with Sch. 14 paras. 1-3 ); S.I. 2024/860 , art. 3(d) Sch. 5 paras. 19-22 omitted (4.11.2024) by virtue of Historic Environment (Wales) Act 2023 (asc 3) , s. 212(2) , Sch. 13 para. 192 (with Sch. 14 paras. 1-3 ); S.I. 2024/860 , art. 3(d) S. 39(3) omitted (4.11.2024) by virtue of Historic Environment (Wales) Act 2023 (asc 3) , s. 212(2) , Sch. 13 para. 190 (with Sch. 14 paras. 1-3 ); S.I. 2024/860 , art. 3(d) S. 47(3) omitted (4.11.2024) by virtue of Historic Environment (Wales) Act 2023 (asc 3) , s. 212(2) , Sch. 13 para. 191 (with Sch. 14 paras. 1-3 ); S.I. 2024/860 , art. 3(d) Sch. 2 paras. 30, 31 and cross-heading omitted (10.9.2025) by virtue of Legislation (Procedure, Publication and Repeals) (Wales) Act 2025 (asc 3) , s. 9(2)(d) , Sch. 1 para. 23
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[uk-legislation-anaw][anaw] 2025-10-22
http://www.legislation.gov.uk/anaw/2013/6/2025-09-10
http://www.legislation.gov.uk/anaw/2013/6/2025-09-10 Mobile Homes (Wales) Act 2013 An Act of the National Assembly for Wales to reform and restate the law relating to mobile home sites in Wales. text text/xml en Statute Law Database 2025-10-13 Expert Participation 2025-09-10 Mobile Homes (Wales) Act 2013 Deddf Cartrefi Symudol (Cymru) 2013 s. 43(3)(a) The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 reg. 28(2) reg. 1(2) Mobile Homes (Wales) Act 2013 Deddf Cartrefi Symudol (Cymru) 2013 Sch. 5 para. 9 The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 reg. 28(3) reg. 1(2) Mobile Homes (Wales) Act 2013 Deddf Cartrefi Symudol (Cymru) 2013 Sch. 5 para. 9 Sentencing Act 2020 Sch. 24 para. 443(3) Sch. 24 para. 447 Sch. 27 s. 416(1) reg. 2 Mobile Homes (Wales) Act 2013 Deddf Cartrefi Symudol (Cymru) 2013 Sch. 5 para. 9 The Criminal Justice Act 2003 (Commencement No. 33) and Sentencing Act 2020 (Commencement No. 2) Regulations 2022 reg. 5(3) Sch. Pt. 3 reg. 1(2) Mobile Homes (Wales) Act 2013 2013 anaw 6 An Act of the National Assembly for Wales to reform and restate the law relating to mobile home sites in Wales. [4 November 2013] Having been passed by the National Assembly for Wales and having received the assent of Her Majesty, it is enacted as follows:- PART 1 INTRODUCTION Overview of Act 1 1 This Act makes provision about mobile home sites in Wales. 2 In this Act— a Part 2 makes provision for and in connection with the licensing of regulated sites etc. , b Part 3 makes provision for protection from eviction from protected sites, c Part 4 makes provision about the terms of agreements for stationing mobile homes on protected sites, d Part 5 makes provision under which local authorities may provide sites for mobile homes and may prohibit the stationing of mobile homes on commons, and e Part 6 makes supplementary and general provision. Mobile home sites subject to Act 2 1 In this Act “ regulated site ” means any land in Wales on which a mobile home is stationed for the purposes of human habitation (including any land in Wales used in conjunction with that land), other than— a a site which Schedule 1 provides is not to be a regulated site, or b a holiday site. 2 In this Act “ protected site ” means land which is— a a regulated site, or b a site that would be a regulated site but for paragraph 11 of Schedule 1. 3 In subsection (1) “ holiday site ” means a site in respect of which the relevant planning permission or the site licence for the site under the Caravan Sites and Control of Development Act 1960— a is expressed to be granted for holiday use only, or b requires that there are times of the year when no mobile home may be stationed on the site for human habitation. 4 For the purpose of determining whether or not a site is a holiday site, any provision of the relevant planning permission or of the site licence which permits the stationing of a mobile home on the land for human habitation all year round is to be ignored if the mobile home is authorised to be occupied by— a the person who is the owner of the site, or b a person employed by that person but who does not occupy the mobile home under an agreement to which Part 4 applies. 5 In this Act “ local authority Gypsy and Traveller site ” means land owned by a local authority for the stationing of mobile homes providing accommodation for Gypsies and Travellers. Owners of sites 3 In this Act “ owner ”, in relation to any land, means the person who, by virtue of an estate or interest in the land— a is entitled to possession of the land, or b would be entitled to possession of the land but for the rights of any other person under any licence or contract granted in respect of the land (including a licence or contract to station or occupy a mobile home there), but see also sections 39(2), 42(7) and 55(2)(a). PART 2 LICENSING OF MOBILE HOME SITES ETC. Introduction Overview of Part 4 1 This Part makes provision about the licensing of regulated sites and related matters. 2 In this Part— a sections 5 to 8 make provision for site licences, b sections 9 to 25 make provision about conditions of site licences, c sections 26 and 27 make provision about revocation and surrender of site licences, d sections 28 and 29 require site managers to be fit and proper persons, e sections 30 and 31 make provision for the appointment of interim managers, f sections 32 and 33 contain other enforcement provisions, and g sections 34 to 39 contain miscellaneous and supplementary provisions. Site licences Prohibition on use of land as regulated site without site licence 5 1 The owner of a regulated site must not cause or permit the site to be used as a regulated site unless the owner holds a licence under this Part in relation to the land (a “site licence”). 2 A person who contravenes subsection (1) commits an offence. 3 A person who is guilty of an offence under subsection (2) is liable on summary conviction to a fine. Application for site licence 6 1 An application for the issue of a site licence in respect of any land is to be made by the owner of the land to the local authority in whose area the land is situated. 2 An application under this section— a must specify the land in respect of which the application is made, b must identify the applicant, c if the applicant is not to be the manager of the site, must identify the person who is to be the manager of the site, and d must comply with such other requirements as the local authority may specify. 3 An applicant must, either at the time of making the application or subsequently, give to the local authority such other information as the local authority may reasonably require. 4 The application must be accompanied by a declaration by the applicant that— a in a case in which the applicant is not to be the manager of the site, the person identified in accordance with subsection (2)(c), or b in any other case, the applicant, is a fit and proper person to manage the site. 5 A local authority may require an application for a site licence to be accompanied by a fee fixed by the local authority (on which see section 36). Issue of site licence 7 1 A local authority may issue a site licence in respect of land if the applicant is, when the site licence is issued, entitled to the benefit of planning permission for the use of the land as a mobile home site otherwise than by a development order. 2 If, on the date when the applicant gives the information required by virtue of section 6, the applicant is entitled to the benefit of such planning permission, the local authority may issue a site licence in respect of the land within 2 months of that date or, if the applicant and the local authority agree in writing that the local authority is to be allowed a longer period within which to grant a site licence, within the period agreed. 3 If the applicant becomes entitled to the benefit of planning permission at some time after giving the information required by virtue of section 6, the local authority may issue a site licence in respect of the land within 6 weeks of the date on which the applicant becomes entitled to the benefit of planning permission or, if the applicant and the local authority agree in writing that the local authority is to be allowed a longer period within which to grant a site licence, within the period agreed. 4 Where a local authority decides not to issue a site licence under subsection (2) or (3)— a the local authority must notify the applicant of the reasons for the decision and of the applicant's right of appeal under paragraph (b), b the applicant may, within the period of 28 days beginning with the day on which the decision is made, appeal to a residential property tribunal against the decision, and c no compensation may be claimed for loss suffered in consequence of the decision pending the outcome of the appeal. 5 A local authority must not at any time issue a site licence to a person whom the local authority knows has held a site licence which has been revoked under section 18 or 28 less than 3 years before that time. 6 Where a local authority fails to determine an application for a site licence within the period within which it is required to do so, no offence under section 5 is committed in respect of the land by the person by whom the application for the site licence was made at any time after the end of that period until the application is determined. Duration of site licence 8 1 A site licence comes into operation at the time specified in or determined under the licence and, unless terminated by its revocation, continues in force for the period specified in or determined under the site licence. 2 That period must end not later than 5 years after the day on which the site licence comes into operation. Conditions of site licences Power to attach conditions to site licence 9 1 A site licence issued by a local authority in respect of any land may be issued subject to such conditions as the local authority may consider it necessary or desirable to impose on the owner of the land in the interests of— a persons dwelling on the land in mobile homes, b any other class of persons, or c the public at large. 2 The conditions subject to which a site licence may be issued include (but are not limited to) conditions— a for restricting the occasions on which mobile homes are stationed on the land for the purposes of human habitation, or the total number of mobile homes which are stationed on the land for those purposes at any one time, b for controlling (whether by reference to their size, the state of their repair or, subject to subsection (3), any other feature) the types of mobile home which are stationed on the land, c for regulating the positions in which mobile homes are stationed on the land for the purposes of human habitation (in particular in order to minimise risk from flooding and coastal erosion) and for prohibiting, restricting or otherwise regulating the placing or erection on the land, at any time when mobile homes are stationed on the land for those purposes, of structures and vehicles of any description and of tents, d for securing the taking of any steps for preserving or enhancing the amenity of the land, including the planting and replanting of the land with trees and bushes, e for securing that, at all times when mobile homes are stationed on the land, appropriate measures are taken for preventing and detecting the outbreak of fire and adequate means of fighting fire are provided and maintained, f for securing that, at all times when mobile homes are stationed on the land, appropriate measures are taken for guarding against risk from flooding and coastal erosion and for communicating any known risk from flooding or coastal erosion to persons dwelling on the land in mobile homes, g for securing that adequate sanitary facilities, and such other facilities, services or equipment as may be specified, are provided for the use of persons dwelling on the land in mobile homes and that, at all times when mobile homes are stationed on the land for the purposes of human habitation, any facilities and equipment provided for their use are properly maintained, and h for requiring that where there is a change in the person by whom the site is managed, a declaration is made by the holder of the site licence to the local authority that the new manager is a fit and proper person to manage the site. 3 No condition may be imposed controlling the types of mobile homes which are stationed on the land by reference to the materials used in their construction. 4 Where the Regulatory Reform (Fire Safety) Order 2005 applies to land, no condition may be imposed in a site licence relating to the land in so far as it relates to any matter in relation to which requirements or prohibitions are or could be imposed by or under that Order. 5 A site licence issued in respect of any land must, unless it is issued subject to a condition restricting to 3 or fewer the total number of mobile homes which may be stationed on the land at any one time, contain a condition that, at all times when mobile homes are stationed on the land for the purposes of human habitation, a copy of the site licence as for the time being in force, together with copies of the most recent utility bills relating to the site and of any current certificate of public liability insurance relating to the site, must be displayed on the land in a prominent place. 6 In subsection (5) “ utility bills ” means bills for the provision of gas, electricity, water, sewerage or other similar services. 7 A condition of a site licence may, if it requires the carrying out of any works on the land in respect of which the site licence is issued, prohibit or restrict the bringing of mobile homes on to the land for the purposes of human habitation until such time as the local authority has certified in writing that the works have been completed to its satisfaction. 8 Where the land to which the site licence relates is at the time in use as a mobile home site, a condition requiring the carrying out of any works on the land may, whether or not it contains any prohibition or restriction mentioned in subsection (7), require the works to be completed to the satisfaction of the local authority within a stated period. 9 A condition of a site licence is valid even if it can be complied with only by the carrying out of works which the holder of the site licence is not entitled to carry out as of right. Model standards 10 1 The Welsh Ministers may specify for the purposes of section 9 model standards with respect to the layout of, and the provision of facilities, services and equipment for, regulated sites or particular types of regulated sites. 2 In deciding what (if any) conditions to impose in a site licence, a local authority must have regard to any model standards which have been specified. 3 No model standards may be specified in relation to land to which the Regulatory Reform (Fire Safety) Order 2005 applies in so far as the standards relate to any matter in relation to which requirements or prohibitions are or could be imposed by or under that Order. 4 The duty of a local authority to have regard to standards specified under this section is to be construed, as regards standards relating to fire precautions, as a duty to have regard to them subject to any advice given by the fire and rescue authority under section 11. 5 In this section and section 11 “ fire precautions ” means precautions to be taken for any of the purposes specified in section 9(2)(e). Fire precautions 11 1 The local authority must, in considering what conditions to impose in a site licence relating to any land, consult the fire and rescue authority as to the extent to which any model standards relating to fire precautions which have been specified under section 10 are appropriate to the land. 2 If— a no such standards have been specified, or b any standard that has been specified appears to the fire and rescue authority to be inappropriate to the land, the local authority must consult the fire and rescue authority as to what conditions relating to fire precautions ought to be imposed instead. 3 This section does not apply where the Regulatory Reform (Fire Safety) Order 2005 applies to the land. Appeal against conditions of site licence 12 1 Where a local authority decides to issue a site licence subject to conditions (other than the condition required by section 9(5)), the local authority must notify the applicant of the reasons for doing so and of the applicant's right of appeal under subsection (2). 2 The applicant may, within the period of 28 days beginning with the day on which the decision is made, appeal to a residential property tribunal against the decision. 3 The tribunal may vary or cancel the condition if satisfied (having regard, among other things, to any standards which may have been specified by the Welsh Ministers under section 10) that the condition is unduly burdensome. 4 In a case where a residential property tribunal varies or cancels a condition under subsection (3), it may also attach a new condition to the site licence. 5 In so far as the effect of a condition subject to which a site licence is issued in respect of any land is to require the carrying out on the land of any works, the condition does not have effect— a during the period within which the person to whom the site licence is issued is entitled to appeal against the condition, or b while an appeal against the condition is pending. Power of local authority to vary conditions of site licence 13 1 The conditions of a site licence may be varied at any time (whether by the variation or cancellation of existing conditions, by the addition of new conditions, or by a combination of any such methods) by the local authority if— a the holder of the site licence makes an application to the local authority for it to do so, or b the local authority discovers new information or considers that there has been a change of circumstances. 2 Before varying the conditions of a site licence under subsection (1)(b), the local authority must give to the holder of the site licence an opportunity to make representations. 3 Where the Regulatory Reform (Fire Safety) Order 2005 applies to the land to which the site licence relates, no new condition may be added to a site licence under subsection (1) in so far as it relates to any matter in relation to which requirements or prohibitions are or could be imposed by or under that Order. 4 A local authority may require an application for a variation of the conditions of the site licence to be accompanied by a fee fixed by the local authority (on which see section 36). 5 The variation by a local authority of the conditions of site licence is not to have effect until written notification of it has been received by the holder of the site licence. 6 In exercising the powers conferred by subsection (1), a local authority must have regard (among other things) to any standards which may have been specified by the Welsh Ministers under section 10. 7 The local authority must consult the fire and rescue authority before exercising the powers conferred by subsection (1) in relation to a condition of a site licence imposed for the purposes set out in section 9(2)(e). 8 Subsection (7) does not apply where the Regulatory Reform (Fire Safety) Order 2005 applies to the land. Appeal against variation of conditions of site licence 14 1 Where the holder of a site licence is aggrieved by any variation of the conditions of the site licence under section 13(1)(b) or by the refusal of the local authority of an application for the variation of those conditions, the holder may, within the period of 28 days beginning with the day following that on which notification of the alteration or refusal is received by the holder, appeal to a residential property tribunal. 2 The tribunal, may, if it allows the appeal, give to the local authority such directions as may be necessary to give effect to the tribunal's decision. 3 In so far as a variation of a site licence imposes a requirement on the holder of the site licence to carry out on the land to which the site licence relates any works which the holder of the site licence would not otherwise be required to carry out, the variation is not to have effect during the period within which the holder is entitled to appeal against the variation or while an appeal against the variation is pending. 4 In exercising the powers conferred by subsection (2) a residential property tribunal must have regard amongst other things to any standards which may have been specified by the Welsh Ministers under section 10. Breach of condition Breach of condition 15 1 If it appears to a local authority which has issued a site licence that the owner of the land is failing or has failed to comply with a condition of the site licence, the local authority may give the owner— a a fixed penalty notice, or b a compliance notice. 2 The Welsh Ministers may issue guidance to local authorities as to the considerations they should take into account in deciding whether to deal with a failure to comply with a condition of a site licence by giving a fixed penalty notice or a compliance notice. 3 A local authority must have regard to any such guidance in making such a decision. 4 Where a fixed penalty notice is given to a person in respect of a failure but payment of the amount specified in it is not made in accordance with the notice, the local authority may withdraw the fixed penalty notice and give the person a compliance notice in respect of the failure. Fixed penalty notice 16 1 A fixed penalty notice is a notice which— a sets out the condition in question and details of the failure to comply with it, b requires the owner of the land to pay a specified amount to the local authority at an address specified in the notice, and c specifies the period within which the specified amount must be paid. 2 The amount specified in a fixed penalty notice given at any time must not exceed the amount specified at that time as level 1 on the standard scale for summary offences. 3 Without prejudice to payment by any other method, payment of an amount specified in a fixed penalty notice may be made by pre-paying and posting a letter containing the amount (in cash or otherwise) to the local authority at the address specified in the notice; and in that case payment is to be regarded as having been made at the time at which that letter would be delivered in the ordinary course of post. Compliance notices 17 1 A compliance notice is a notice which— a sets out the condition in question and details of the failure to comply with it, b requires the owner of the land to take such steps as the local authority considers appropriate and as are specified in the notice in order to ensure that the condition is complied with, c specifies the period within which those steps must be taken, and d explains the right of appeal conferred by subsection (2). 2 An owner of land who has been served with a compliance notice may appeal to a residential property tribunal against that notice (see section 23). 3 A local authority may— a revoke a compliance notice, or b vary a compliance notice by extending the period specified in the notice under subsection (1)(c). 4 The power to revoke or vary a compliance notice is exercisable by the local authority— a on an application made by the owner of land on whom the notice was served, or b on the local authority's own initiative. 5 Where a local authority revokes or varies a compliance notice, it must notify the owner of the land to which the notice relates of the decision as soon as is reasonably practicable. 6 Where a compliance notice is revoked, the revocation comes into force at the time when it is made. 7 Where a compliance notice is varied— a if the notice has not become operative when the variation is made, the variation comes into force at such time (if any) as the notice becomes operative in accordance with section 24, and b if the notice has become operative when the variation is made, the variation comes into force at the time when it is made. Compliance notice: offence and multiple convictions 18 1 An owner of land who has been served with a compliance notice which has become operative commits an offence if the owner fails to take the steps specified in the notice under section 17(1)(b) within the period specified in the notice under section 17(1)(c). 2 A person guilty of an offence under subsection (1) is liable on summary conviction to a fine. 3 In proceedings against an owner of land for an offence under subsection (1), it is a defence that the owner had a reasonable excuse for failing to take the steps referred to in subsection (1) within the period referred to in that subsection. 4 Subsection (5) applies where— a an owner of land is convicted of an offence under subsection (1), and b the owner has been convicted on two or more previous occasions of an offence under subsection (1) in relation to the site licence to which the conviction mentioned in paragraph (a) relates. 5 On an application by the local authority which served the compliance notice, the court before which the owner of the land was convicted may make an order revoking the site licence on the date specified in the order. 6 An order under subsection (5) must not specify a date which is before the end of the period within which notice of appeal (whether by case stated or otherwise) may be given against the conviction mentioned in subsection (4)(a). 7 Where an appeal against the conviction mentioned in subsection (4)(a) is made by the owner of the land before the date specified in an order under subsection (5), the order does not take effect until— a the appeal is finally determined, or b the appeal is withdrawn. 8 On an application by the owner of the land or by the local authority who issued the site licence, the court which made the order under subsection (5) may make an order specifying a date on which the revocation of the site licence takes effect which is later than the date specified in the order under subsection (5). 9 But the court must not make an order under subsection (8) unless it is satisfied that adequate notice of the application has been given to the owner (if the applicant is the local authority) or to the local authority (if the applicant is the owner). Compliance notice: power to demand expenses 19 1 When serving a compliance notice on an owner of land, a local authority may impose a charge on the owner as a means of recovering expenses incurred by the local authority— a in deciding whether to serve the notice, and b in preparing and serving the notice or a demand under subsection (3). 2 The expenses referred to in subsection (1) include (but are not limited to) the costs of obtaining expert advice (including legal advice). 3 The power under subsection (1) is exercisable by serving the compliance notice together with a demand which sets out— a the total expenses the local authority seeks to recover under subsection (1) (“relevant expenses”), b a detailed breakdown of the relevant expenses, and c where the local authority propose to charge interest under section 25, the rate at which the relevant expenses carry interest. 4 Where a tribunal allows an appeal under section 17 against the compliance notice with which a demand was served, the tribunal may make such order as it considers appropriate— a confirming, reducing or quashing any charge under this section made in respect of the notice, and b varying the demand as appropriate in consequence. Power to take action following conviction of owner 20 1 Where an owner of land is convicted of an offence under section 18(1), the local authority which issued the compliance notice may— a take any steps required by the compliance notice to be taken by the owner but which have not been taken, and b take such further action as the authority considers appropriate for ensuring that the condition specified in the compliance notice is complied with. 2 Where a local authority proposes to take action under subsection (1), it must serve on the owner of the land a notice which— a identifies the land and the compliance notice to which it relates, b states that the local authority intends to enter the land, c describes the action the local authority intends to take on the land, d if the person whom the local authority proposes to authorise to take the action on its behalf is not an officer of the local authority, states the name of that person, and e sets out the dates and times on which it is intended that the action will be taken (including when the local authority intends to start taking the action and when it expects the action to be completed). 3 The notice must be served sufficiently in advance of when the local authority intends to enter the land as to give the owner of the land reasonable notice of the intended entry. 4 In a case where the local authority authorises a person other than an officer of the local authority to take the action on its behalf, the reference in section 32(1) to an authorised officer of the local authority includes that person. 5 The requirement in section 32(2) to give 24 hours' notice of the intended entry, in its application to a case within this section, applies only in relation to the day on which the local authority intends to start taking the action on the land. Power to take emergency action 21 1 A local authority which has issued a site licence may take action in relation to any of the land comprising the site if it appears to the local authority that— a the owner of the land is failing or has failed to comply with a condition of the site licence, and b as a result of that failure there is an imminent risk of serious harm to the health or safety of any person who is or may be on the land. 2 The action a local authority may take under this section (referred to in this section as “ emergency action ”) is such action as appears to the local authority to be necessary to remove the imminent risk of serious harm mentioned in subsection (1)(b). 3 Where a local authority proposes to take emergency action, the local authority must serve on the owner of the land a notice which— a identifies the land to which it relates, b states that the local authority intends to enter the land, c describes the emergency action the local authority intends to take on the land, d if the person whom the local authority proposes to authorise to take the action on its behalf is not an officer of the local authority, states the name of that person, and e specifies the powers under this section and section 32 as the powers under which the local authority intends to enter the land. 4 A notice under subsection (3) may state that, if entry to the land were to be refused, the local authority would propose to apply for a warrant under section 32(3). 5 A notice under subsection (3) must be served sufficiently in advance of when the local authority intends to enter the land as to give the owner of the land reasonable notice of the intended entry. 6 In a case where the local authority authorises a person other than an officer of the local authority to take the emergency action on its behalf, the reference in section 32(1) to an authorised officer of the local authority includes that person. 7 Section 32, in its application to a case within this section, has effect as if— a the words “at all reasonable hours” in subsection (1), and b subsection (2), were omitted. 8 Within the period of 7 days beginning with the date when the local authority starts taking the emergency action, the local authority must serve on the owner of the land a notice which— a describes the imminent risk of serious harm to the health or safety of persons who are or may be on the land, b describes the emergency action which has been, and any emergency action which is to be, taken by the local authority on the land, c sets out when the local authority started taking the emergency action and when the local authority expects it to be completed, d if the person whom the local authority has authorised to take the action on its behalf is not an officer of the local authority, states the name of that person, and e explains the right of appeal conferred by subsection (9). 9 The owner of land in respect of which a local authority has taken or is taking emergency action may appeal to a residential property tribunal against the taking of the action by the local authority (see section 23). 10 An appeal may be brought— a on the grounds that that there was no imminent risk of serious harm as mentioned in subsection (1)(b) (or, where the action is still being taken, that there is no such risk), or b on the grounds that the action the authority has taken was not necessary to remove the imminent risk of serious harm mentioned in subsection (1)(b) (or, where the action is still being taken, that it is not necessary to remove the risk). 11 The ways in which a notice under this section may be served include by fixing it in a prominent place at or near the main entrance to the land. Action under section 20 or 21: power to demand expenses 22 1 Where a local authority takes action under section 20 or emergency action under section 21, the local authority may impose a charge on the owner of the land as a means of recovering expenses incurred by the local authority— a in deciding whether to take the action, b in preparing and serving any notice under section 20 or 21 or a demand under subsection (6), and c taking the action. 2 The expenses referred to in subsection (1) include (but are not limited to) the costs of obtaining expert advice (including legal advice). 3 In the case of emergency action under section 21, no charge may be imposed under subsection (1) until such time (if any) as is determined in accordance with subsection (4). 4 For the purposes of subsection (3), the time when a charge in respect of emergency action may be imposed is— a if no appeal against the local authority's decision to take the emergency action is brought under section 21(9) within the appeal period under section 23, the end of that period, and b if such an appeal is brought and a decision on the appeal confirms the local authority's decision— i where the period within which an appeal to the Upper Tribunal may be brought expires without such an appeal having been brought, the end of that period, and ii where an appeal to the Upper Tribunal is brought, when a decision is given on the appeal confirming the local authority's decision. 5 For the purposes of subsection (4)— a the withdrawal of an appeal against a decision by the local authority has the same effect as a decision on the appeal confirming the local authority's decision, and b references to a decision on the appeal confirming the local authority's decision are to a decision which confirms that decision with or without variation. 6 The power under subsection (1) is exercisable by serving on the owner of the land a demand for the expenses which— a sets out the total expenses the local authority seeks to recover under subsection (1) (“relevant expenses”), b sets out a detailed breakdown of the relevant expenses, c where the local authority proposes to charge interest under section 25, sets out the rate at which the relevant expenses carry interest, and d explains the right of appeal conferred by subsection (7). 7 The owner of land who is served with a demand under this section may appeal to a residential property tribunal against the demand (see section 23). 8 A demand under this section must be served— a in the case of action under section 20, before the end of the period of 2 months beginning with the date on which the action is completed, and b in the case of emergency action under section 21— i before the end of the period of 2 months beginning with the earliest date (if any) on which a charge may be imposed in accordance with subsection (4), or ii if the action has not been completed by the end of that period, before the end of the period of 2 months beginning with the date on which the action is completed. Appeals under section 17, 21 or 22 23 1 An appeal under section 17, 21 or 22 must be made before the end of the period of 21 days beginning with the day on which the relevant document was served (referred to in this section and section 24 as “the appeal period”). 2 In subsection (1) “ relevant document ” means— a in the case of an appeal under section 17, the compliance notice, b in the case of an appeal under section 21, the notice under subsection (8) of that section, and c in the case of an appeal under section 22, the demand under that section. 3 A residential property tribunal may allow an appeal under section 17, 21 or 22 to be made to it after the end of the appeal period if it is satisfied that there is a good reason for the failure to appeal before the end of that period (and for any delay since then in applying for permission to appeal out of time). 4 An appeal under section 17, 21 or 22— a is to be by way of a rehearing, but b may be determined having regard to matters of which the local authority which made the decision was unaware. 5 The tribunal may by order— a on an appeal under section 17, confirm, vary or quash the compliance notice, b on an appeal under section 21, confirm, vary or reverse the decision of the local authority, or c on an appeal under section 22, confirm, vary or quash the demand. When compliance notice or expenses demand becomes operative 24 1 The time when a compliance notice under section 17 or a demand under section 19 or 22 becomes operative (if at all) is to be determined in accordance with this section. 2 Where no appeal under section 17 is brought within the appeal period against the compliance notice, the notice and any demand under section 19 which was served with it become operative at the end of that period. 3 Where no appeal under section 22 is brought within the appeal period, the demand under that section becomes operative at the end of that period. 4 Where an appeal under section 17 is brought, and a decision on the appeal confirms the compliance notice, the notice and any demand under section 19 which was served with it become operative— a where the period within which an appeal to the Upper Tribunal may be brought expires without such an appeal having been brought, at the end of that period, or b where an appeal to the Upper Tribunal is brought and a decision on the appeal is given which confirms the notice, at the time of the decision. 5 Where an appeal under section 22 is brought, and a decision on the appeal confirms the demand under that section, the demand becomes operative— a where the period within which an appeal to the Upper Tribunal may be brought expires without such an appeal having been brought, at the end of that period, or b where an appeal to the Upper Tribunal is brought and a decision on the appeal is given which confirms the demand, at the time of the decision. 6 For the purposes of subsections (4) and (5)— a the withdrawal of an appeal against a notice or demand has the same effect as a decision confirming the notice or demand, and b references to a decision which confirms the notice or demand are to a decision which confirms the notice or demand with or without variation. Recovery of expenses demanded under section 19 or 22 25 1 As from the time when a demand under section 19 or 22 becomes operative, the relevant expenses set out in the demand carry interest at such rate as the local authority may fix until recovery of all sums due under the demand; and the expenses and any interest are recoverable by it as a debt. 2 As from that time, the expenses and any interest are, until recovery, a charge on the land to which the compliance notice or emergency action in question relates. 3 The charge takes effect at that time as a legal charge which is a local land charge. 4 For the purpose of enforcing the charge the local authority has the same powers and remedies under the Law of Property Act 1925 and otherwise as if it was a mortgagee by deed having powers of sale and lease, of accepting surrenders of leases and of appointing a receiver. 5 The power of appointing a receiver is exercisable at any time after the end of the period of 1 month beginning with the date on which the charge takes effect. 6 In this section “relevant expenses”— a in the case of a demand under section 19, has the meaning given by subsection (3) of that section, and b in the case of a demand under section 22, has the meaning given by subsection (6) of that section. Revocation and surrender of site licences Revocation on death, change of ownership or cessation of use 26 1 When the holder of a site licence in respect of any land dies or ceases to be the owner of the land, the site licence is revoked. 2 Where land in respect of which a site licence is in force ceases to be used as a regulated site, the site licence is revoked. Duty of licence holder to allow site licence to be altered 27 1 A local authority which has issued a site licence may at any time require the holder to do whatever it considers necessary to enable the local authority to enter in it any variation of the conditions of the site licence made in pursuance of this Part. 2 If the holder of a site licence fails without reasonable excuse to comply with a requirement under this section, the holder of the site licence commits an offence. 3 A person who is guilty of an offence under subsection (2) is liable on summary conviction to a fine not exceeding level 1 on the standard scale. Site managers to be fit and proper persons Requirement for manager of site to be fit and proper person 28 1 The owner of land may not cause or permit any part of the land to be used as a regulated site unless (in addition to the owner holding a site licence) the local authority in whose area the land is situated— a is satisfied that the owner is a fit and proper person to manage the site or (if the owner does not manage the site) that a person appointed to do so by the owner is a fit and proper person to do so, or b has, with the owner's consent, itself appointed a person to manage the site. 2 Where the owner of land who holds a site licence in respect of the land contravenes subsection (1), the local authority in whose area the land is situated may apply to a residential property tribunal for an order revoking the site licence. 3 A person who contravenes the requirement imposed by subsection (1) commits an offence. 4 A person who is guilty of an offence under subsection (3) is liable on summary conviction to a fine. 5 Where the owner of land who holds a site licence in respect of land is convicted of an offence under subsection (3) in relation to the land and the person has been convicted of that offence in relation to the land on 2 or more previous occasions, the magistrates' court before which the owner is convicted may, on an application by the local authority in whose area the land is situated, make an order revoking the owner's site licence on the day specified in the order. Decision whether person is fit and proper 29 1 In deciding whether a person is a fit and proper person to manage a regulated site a local authority must have regard to all such matters as it considers appropriate. 2 Among the matters to which the local authority must have regard is any evidence within subsection (3) or (4). 3 Evidence is within this subsection if it shows that the person has— a committed any offence involving fraud or other dishonesty, violence, firearms or drugs or any offence listed in Schedule 3 to the Sexual Offences Act 2003 (offences attracting notification requirements), b practised unlawful discrimination or harassment on the grounds of any characteristic which is a protected characteristic under section 4 of the Equality Act 2010, or victimised another person contrary to that Act, in or in connection with the carrying on of any business, or c contravened any provision of the law relating to housing (including mobile homes) or landlord and tenant. 4 Evidence is within this subsection if— a it shows that any other person associated or formerly associated with the person (whether on a personal, work or other basis) has done any of the things set out in subsection (3), and b it appears to the local authority that the evidence is relevant to the question whether the person is a fit and proper person to manage a regulated site. 5 The Welsh Ministers may by regulations amend this section to vary the evidence to which a local authority must have regard in deciding whether a person is a fit and proper person to manage a regulated site. 6 Where a local authority decides that a person is not a fit and proper person to manage a site— a the local authority must notify the person of the reasons for the decision and of the person's right of appeal under paragraph (b), and b the person may, within the period of 28 days beginning with the day on which the decision is made, appeal to a residential property tribunal against the decision. Interim managers Appointment of interim manager 30 1 If any of the conditions specified in subsection (2) is met in relation to a regulated site, a local authority by which the site is licensed may appoint an interim manager of the site. 2 The conditions referred to in subsection (1) are— a that the local authority considers that the holder of the site licence is failing or has failed, either seriously or repeatedly, to comply with a condition of the site licence, b that the local authority considers that the site is not being managed by a person who is a fit and proper person to manage the site, and c that the local authority considers that there is no-one managing the site. 3 A local authority must, if requested to do so by an association that is a qualifying residents' association in relation to a site, consider whether to exercise its power under this section. 4 Subsection (3) does not affect the discretion of a local authority to exercise its power under this section on its own initiative. 5 A person aggrieved by a decision to appoint an interim manager may, within the period of 28 days beginning with the day on which the decision is made, appeal to a residential property tribunal against the decision. 6 The appointment of an interim manager comes to an end with the earliest of the following— a the expiry of the site licence, b the revocation of the site licence, and c a date specified in the appointment. 7 If a person ceases to be an interim manager before the appointment has come to an end, the authority may appoint a new interim manager in place of that person. Terms of appointment and powers of interim manager 31 1 Appointment of an interim manager is to be on terms and conditions (including as to remuneration and expenses) specified in, or determined in accordance with, the appointment. 2 The interim manager has— a any power specified in the appointment, and b any other power in relation to the management of the site required by the interim manager for the purposes specified in the appointment (including the power to enter into agreements and take other action on behalf of the holder of the site licence). 3 The local authority may give the interim manager general or specific directions. 4 The local authority may withdraw or amend any directions given. 5 The remuneration and expenses of an interim manager may be deducted by the interim manager from any income which the holder of the site licence is entitled to receive in respect of the site, but if that income is insufficient any balance must be paid by the local authority. 6 Any amounts paid by the local authority under subsection (5) may be recovered by the authority from the holder of the site licence. Other enforcement provisions Power of entry of officers of local authorities 32 1 An authorised officer of a local authority, on producing (if required to do so), a duly authenticated document of authority, has a right at all reasonable hours to enter any land which is a regulated site or in respect of which an application for a site licence has been made for the purpose of— a enabling the local authority to determine what conditions should be imposed on a site licence or whether the conditions of a site licence should be varied, b ascertaining whether there is, or has been, on or in connection with the land, any contravention of the provisions of this Part, c ascertaining whether or not circumstances exist which would authorise the local authority to take any action, or execute any work, under this Part, or d taking any action, or executing any work, authorised by this Part to be taken or executed by the local authority. 2 But entry to any land must not be demanded as of right unless 24 hours' notice of the intended entry has been given to the owner. 3 If it is shown to the satisfaction of a justice of the peace— a that any of the following sub-paragraphs apply— i entry to any land has been refused, ii refusal is apprehended, iii the owner of the land is temporarily absent and the case is one of urgency, iv an application for entry would defeat the object of the entry, and b that there is reasonable ground for entering the land for any purpose mentioned in subsection (1), the justice of the peace may by warrant authorise the local authority by any authorised officer to enter the land, if need be by force. 4 But a warrant must not be issued unless the justice of the peace is satisfied— a that notice of the intention to apply for the warrant has been given to the owner, b that the owner is temporarily absent and the case is one of urgency, or c that the giving of notice would defeat the object of the entry. 5 An authorised officer entering any land by virtue of this section, or of a warrant issued under it, may be accompanied by such other persons as may be necessary. 6 Every warrant issued under this section continues in force until the purpose for which the entry is necessary has been satisfied. 7 A person who intentionally obstructs any person acting in the execution of this section, or of a warrant under this section, commits an offence. 8 A person who is guilty of an offence under subsection (7) is liable on summary conviction to a fine not exceeding level 4 on the standard scale. Repayment orders 33 1 For the purposes of this section land is an “unlicensed site” if it is a regulated site in respect of which no site licence is in force. 2 No rule of law relating to the validity or enforceability of contracts in circumstances involving illegality is to affect the validity or enforceability of— a any provision requiring the payment of a pitch fee or the making of any other periodical payment in connection with any agreement to which Part 4 applies relating to an unlicensed site, or b any other provision of such an agreement. 3 But amounts paid in respect of certain payments made under and in connection with such an agreement may be recovered in accordance with subsection (4). 4 If— a an application in respect of an unlicensed site is made to a residential property tribunal by the occupier of a mobile home stationed on the site, and b the tribunal is satisfied as to the matters mentioned in subsection (6), the tribunal may make an order (a “repayment order”). 5 A repayment order is an order requiring the owner or manager of the site to pay to the occupier of the mobile home such sums as are specified in the order in respect of— a any payment made by the occupier of the mobile home (or any person through whom the occupier of the mobile home has acquired ownership of the mobile home) to the owner or manager of the site in respect of the purchase of a mobile home stationed on the site, b any commission paid to the owner or manager of the site by any person in respect of the sale of a mobile home stationed on the site, c the pitch fee paid in respect of such a mobile home, and d any periodical payments paid in respect of such a mobile home. 6 The tribunal must be satisfied as to the following matters— a that owner of the site has been convicted of an offence under section 5 in relation to the site, b that the occupier of the mobile home (or, in the case of payments referred to in subsection (5)(a) or (b), the person through whom the occupier of the mobile home has acquired ownership of the mobile home) made the payment to the owner or manager of the site during any period during which it appears to the tribunal that such an offence was being committed in relation to the site, and c that the application is made within the period of 12 months beginning with the date of the conviction. 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 The amount required to be paid by virtue of a repayment order under subsection (5) is (subject to subsections (9) to (10) to be such amount as the tribunal considers reasonable in the circumstances. 9 The matters which the tribunal must take into account when determining the amount to be paid include (but are not limited to)— a the total amount of relevant payments paid in connection with ownership of the site during any period during which it appears to the tribunal that an offence was being committed by the owner of the site under section 5, b the extent to which that total amount was actually received by the owner or manager of the site, c whether the owner of the site has previously been convicted of an offence under section 5 in relation to the site, d the conduct and financial circumstances of the owner or manager of the site, and e the conduct of the occupier of the mobile home; and in this subsection “ relevant payments ” means those payments referred to in subsection (5). 10 A repayment order may not require the payment of any amount which is in respect of any time falling outside the period of 12 months ending with the date of the occupier's application, and the period to be taken into account under subsection (9)(a) is restricted accordingly. 11 Any amount payable to an occupier of a mobile home by virtue of a repayment order is recoverable as a debt due to the occupier of the mobile home from the owner or manager of the site. 12 In this section “ occupier ”, in relation to a mobile home and a regulated site, means a person who is entitled— a to station the mobile home on the site, and b to occupy the mobile home as the person's only or main residence. Miscellaneous and supplementary False or misleading statements or information 34 1 A person who— a makes a false or misleading declaration or other statement under this Part knowing or believing it to be false or misleading, or b provides false or misleading information under this Part knowing or believing it to be false or misleading, commits an offence. 2 A person guilty of an offence under subsection (1) is liable on summary conviction to a fine. Guidance by Welsh Ministers 35 1 The Welsh Ministers may issue guidance to local authorities as to the performance of their functions under this Part. 2 Local authorities must have regard to any guidance issued under subsection (1). Powers to charge fees: supplementary 36 1 This section applies where a local authority proposes to charge a fee under section 6 or 13. 2 Before charging the fee, the local authority must prepare and publish a fees policy. 3 When fixing a fee for the purposes of section 6 or 13 the local authority— a must act in accordance with its fees policy, b may fix different fees for different cases or descriptions of case, and c may determine that no fee is required to be paid in certain cases or descriptions of case. 4 When fixing a fee for any of those purposes, the local authority may not take into account any costs incurred by it in exercising— a its functions under any of sections 15 to 25, or b any function under any provision of this Act in relation to a site which is not a regulated site. 5 The local authority may revise its fees policy and, where it does so, must publish the policy as revised. Registers of site licences 37 1 Every local authority must keep a register of site licences issued in respect of land situated in the local authority's area. 2 The register is to be open for inspection by the public at all reasonable times. 3 Where under section 27 a local authority enters on a site licence a variation of any of the conditions of the site licence, the local authority must record that fact in the register of site licences. Crown land 38 This Part applies to land the owner of which is not the Crown even if an interest in the land belongs to Her Majesty in right of the Crown or of the Duchy of Lancaster, or to the Duchy of Cornwall, or belongs to a government department or is held in trust for Her Majesty for the purposes of a government department. Interpretation 39 1 In this Part— “ development order ” (“ gorchymyn datblygu ”) means an order made under section 59 of the Town and Country Planning Act 1990; ... 2 Where land amounting to not more than 400 square metres in area is let under a tenancy entered into with a view to the use of the land as a regulated site, for the purposes of this Part “ owner ”, in relation to the land, means the person who would be entitled to possession of the land but for the rights of any person under that tenancy. 3 Any reference in this Part to the carrying out of works includes a reference to the planting of trees and shrubs and the carrying out of other operations for preserving or enhancing the amenity of land. 4 Any reference in this Part to planning permission is to be taken as a reference to planning permission whether or not restricted in any way or subject to any condition or limitation. .... PART 3 PROTECTION FROM EVICTION Application of Part 40 This Part applies in relation to any licence or contract (whenever made) under which a person is entitled— a to station a mobile home on a protected site and occupy it as the person's residence, or b if the mobile home is stationed on the protected site by another, to occupy it as the person's residence. Minimum length of notice 41 In any case where a residential contract is determinable by notice given by either party to the other, a notice is of no effect unless it is given not less than 4 weeks before the date on which it is to take effect. Protection of occupiers against eviction and harassment, false information etc. 42 1 A person to whom any of subsections (2) to (6) applies commits an offence. 2 This subsection applies to a person if, during the subsistence of a residential contract, the person unlawfully deprives the occupier of the mobile home of occupation on the protected site of any mobile home which the occupier is entitled by the contract to station and occupy, or to occupy, as the occupier's residence on the protected site. 3 This subsection applies to a person if, after the expiry or determination of a residential contract, the person enforces, otherwise than by proceedings in the court, any right to exclude the occupier of the mobile home from the protected site or from any such mobile home, or to remove or exclude any such mobile home from the protected site. 4 This subsection applies to a person if (whether during the subsistence, or after the expiry or determination, of a residential contract) with intent to cause the occupier of the mobile home— a to abandon the occupation of the mobile home or remove it from the site, or b to refrain from exercising any right or pursuing any remedy in respect of that, the person does acts likely to interfere with the peace or comfort of the occupier or persons residing with the occupier, or withdraws or withholds services or facilities reasonably required for the occupation of the mobile home as a residence on the site. 5 This subsection applies to a person if the person is, or is the agent of, the owner of the protected site and (whether during the subsistence or after the expiration or determination of a residential contract)— a the person does acts likely to interfere with the peace or comfort of the occupier of the mobile home or persons residing with the occupier, or b withdraws or withholds services or facilities reasonably required for the occupation of the mobile home as a residence on the site, and (in either case) the person knows, or has reasonable cause to believe, that that conduct is likely to cause the occupier to do any of the things mentioned in subsection (4)(a) or (b). 6 This subsection applies to a person if the person is, or is the agent of, the owner of a protected site and, during the subsistence of a residential contract, the person— a knowingly or recklessly provides information or makes a representation which is false or misleading in a material respect to any person, and b knows, or has reasonable cause to believe, that doing so is likely to cause— i the occupier to do any of the things mentioned in subsection (4)(a) or (b), or ii a person who is considering whether to purchase or occupy the mobile home to which the residential contract relates to decide not to do so. 7 In subsections (5) and (6) references to the owner of a protected site include references to a person with an estate or interest in the site which is superior to that of the owner. 8 In this section references to the occupier of the mobile home include references to the person who was the occupier of the mobile home under a residential contract which has expired or been determined and, in the case of the death of the occupier (whether during the subsistence or after the expiry or determination of the contract), to any person then residing with the occupier. 9 Nothing in this section applies to the exercise by the owner of a mobile home of a right to take possession of the mobile home, other than a right conferred by or arising on the expiry or determination of a residential contract, or to anything done pursuant to the order of any court. Offences under section 42: supplementary 43 1 In proceedings for an offence of contravening section 42(2) or (3) it is a defence to prove that the accused believed, and had reasonable cause to believe, that the occupier of the mobile home had ceased to reside on the site. 2 In proceedings for an offence of contravening section 42(5) it is a defence to prove that the accused had reasonable grounds for doing the acts or withdrawing or withholding the services or facilities in question. 3 A person guilty of an offence under section 42 is liable— a on summary conviction, to a fine or to imprisonment for a term not exceeding the general limit in a magistrates’ court , or to both, or b on conviction on indictment, to a fine or to imprisonment for a term not exceeding 2 years, or to both. Provision for suspension of eviction orders 44 1 If in proceedings by the owner of a protected site the court makes an order for enforcing in relation to the site any such right as is mentioned in section 42(3), the court may (without prejudice to any power apart from this section to postpone the operation or suspend the execution of an order) suspend the enforcement of the order for such period not exceeding 12 months from the date of the order as the court thinks reasonable. 2 Where the court by virtue of this section suspends the enforcement of an order, it may impose such terms and conditions, including conditions as to the payment of rent or other periodical payments or of arrears of such rent or payments, as the court thinks reasonable. 3 The court may from time to time, on the application of either party, extend, reduce or terminate the period of suspension ordered, or vary any terms or conditions imposed, but may not extend the period of suspension for more than 12 months at a time. 4 In considering whether or how to exercise its powers under this section, the court must have regard to all the circumstances which include (but are not limited to) the questions— a whether the occupier of the mobile home has failed, whether before or after the expiry or determination of the relevant residential contract, to observe any terms or conditions of that contract, any conditions of the site licence, or any reasonable rules made by the owner of the protected site for the management and conduct of the site or the maintenance of mobile homes on it, b whether the occupier of the mobile home has unreasonably refused an offer by the owner to renew the residential contract or make another residential contract for a reasonable period and on reasonable terms, and c whether the occupier of the mobile home has failed to make reasonable efforts to obtain elsewhere other suitable accommodation for the mobile home or another suitable mobile home and accommodation for it. 5 Where the court makes an order such as is mentioned in subsection (1) but suspends the enforcement of the order, the court may not make any order for costs unless it appears to the court, having regard to the conduct of the owner of the protected site or of the occupier of the mobile home, that the circumstances of the case are exceptional. 6 The court may not suspend the enforcement of an order by virtue of this section if— a no site licence is in force in respect of the site, and b the site is not owned by a local authority; and where a site licence in respect of the site is expressed to expire at the end of a specified period, the period for which enforcement may be suspended by virtue of this section does not extend beyond the expiry of the site licence. Supplementary 45 1 The power of the court under section 44 to suspend the enforcement of an order extends to any order made but not executed before the commencement of this Part. 2 Nothing in this Part affects the operation of section 13 of the Compulsory Purchase Act 1965. 3 The Protection from Eviction Act 1977 does not apply to any premises consisting of a mobile home stationed on a protected site. Offences 46 Proceedings for an offence under this Part may be instituted by any local authority. Interpretation 47 1 In this Part— “ occupier ” (“ meddiannydd ”) in relation to a mobile home and a protected site, means the person entitled as mentioned in section 40 in relation to a mobile home and the protected site; “ residential contract ” (“ contract preswyl ”) means a licence or contract within that section. 2 In this Part “ the court ” means the county court. PART 4 MOBILE HOME AGREEMENTS Agreements to which Part applies 48 1 This Part applies to any agreement under which a person is entitled— a to station a mobile home on a protected site, and b to occupy the mobile home as the person's only or main residence. 2 In this Part “ occupier ”, in relation to a mobile home and a protected site, means the person entitled as mentioned in subsection (1) in relation to a mobile home and the protected site (but see also section 55(2)(b)). Particulars of agreements 49 1 Before making an agreement to which this Part applies, the owner of the protected site must give to the proposed occupier under the agreement a written statement which— a specifies the names and addresses of the parties, b includes particulars of the land on which the proposed occupier is to be entitled to station the mobile home that are sufficient to identify that land, c sets out the express terms to be contained in the agreement (including any site rules), d sets out the terms to be implied by section 50(1), and e complies with such other requirements as may be prescribed by regulations made by the Welsh Ministers. 2 The written statement required by subsection (1) must be given— a no later than 28 days before the date on which any agreement for the sale of the mobile home to the proposed occupier is made, or b (if no such agreement is made before the making of the agreement to which this Part applies) no later than 28 days before the date on which the agreement to which this Part applies is made. 3 But if the proposed occupier consents in writing to that statement being given by a date (“the chosen date”) which is less than 28 days before the date mentioned in subsection (2)(a) or (b), the statement must be given to the proposed occupier not later than the chosen date. 4 If any express term other than a site rule— a is contained in an agreement to which this Part applies, but b was not set out in a written statement given to the proposed occupier in accordance with subsections (1) to (3), the term is unenforceable by the owner or any person within section 53(1); but this is subject to any order made by the appropriate judicial body under section 50(3). 5 If the owner has failed to give the occupier a written statement in accordance with subsections (1) to (3) the occupier may, at any time after the making of the agreement, apply to the appropriate judicial body for an order requiring the owner— a to give the occupier a written statement which complies with paragraphs (a) to (e) of subsection (1) (read with any modifications necessary to reflect the fact that the agreement has been made), and b to do so not later than such date as is specified in the order. 6 A statement required to be given to a person under this section may be either delivered to the person personally or sent to the person by post. 7 Any reference in this section to the making of an agreement to which this Part applies includes a reference to any variation of an agreement by virtue of which the agreement becomes one to which this Part applies. 8 Subsections (2), (3) and (5) do not apply in relation to a person occupying or proposing to occupy a transit pitch on a local authority Gypsy and Traveller site; and in such a case the reference in subsection (4) to subsections (1) to (3) is to be treated as a reference to subsection (1). Terms of agreements 50 1 The applicable terms set out in Part 1 of Schedule 2 are implied in any agreement to which this Part applies; and this subsection has effect despite any express term of the agreement. 2 The appropriate judicial body may, on the application of either party made within the relevant period, order that terms concerning the matters mentioned in Part 2 of Schedule 2 are to be implied in the agreement. 3 The appropriate judicial body may, on the application of either party made within the relevant period, make an order— a varying or deleting any express term of the agreement other than a site rule, b in the case of any express term to which section 49(4) applies other than a site rule, providing for the term to have full effect or to have such effect subject to any variation specified in the order. 4 In subsections (2) and (3) “ the relevant period ” means the period beginning with the date on which the agreement is made and ending— a 6 months after that date, or b where a written statement relating to the agreement is given to the occupier after that date (whether or not in compliance with an order under section 49(5)), 6 months after the date on which the statement is given; and subsection (7) of section 49 applies for the purposes of this subsection as it applies for the purposes of that section. 5 On an application under this section, the appropriate judicial body must make such provision as it considers just and equitable in the circumstances. 6 Subsections (2) to (4) do not apply in relation to a person occupying or proposing to occupy a transit pitch on a local authority Gypsy and Traveller site. Power to amend implied terms 51 1 The Welsh Ministers may by order make such amendments of Schedule 2, apart from paragraph 11, as they consider appropriate. 2 Without prejudice to the generality of subsection (1), an order under this section may— a make provision for or in connection with the determination by the court or a tribunal of such questions, or the making by the court or a tribunal of such orders, as are specified in the order, or b make such amendments of any other provision of this Part as the Welsh Ministers consider appropriate in consequence of any amendment made in Schedule 2 by the order. Site rules 52 1 In the case of a protected site, other than a local authority Gypsy and Traveller site, for which there are site rules, each of the rules is to be an express term of each agreement to which this Part applies that relates to a pitch on the site (including an agreement made before commencement or one made before the making of the rules). 2 The “site rules” for a protected site are rules made by the owner, in accordance with such procedure as may be prescribed by regulations made by the Welsh Ministers, which relate to— a the management and conduct of the site, or b such other matters as may be prescribed by regulations made by the Welsh Ministers. 3 Any rules made by the owner before the coming into force of this section which relate to a matter mentioned in subsection (2) cease to have effect at the end of such period beginning with the day on which this section comes into force as may be prescribed by regulations made by the Welsh Ministers. 4 Site rules come into force at the end of such period beginning with the first consultation day as may be prescribed by regulations made by the Welsh Ministers, if before the end of that period a copy of the rules is deposited with the local authority in whose area the protected site is situated. 5 Where a site rule is varied, the rule as varied comes into force at the end of such period beginning with the first consultation day as may be prescribed by regulations made by the Welsh Ministers, if— a the rule is varied in accordance with the procedure prescribed by regulations made by the Welsh Ministers, and b a copy of the rule as varied is before the end of that period deposited with the local authority in whose area the protected site is situated. 6 Where a site rule is deleted, the deletion comes into force at the end of such period beginning with the first consultation day as may be prescribed by regulations made by the Welsh Ministers, if— a the rule is deleted in accordance with such procedure as may be prescribed by regulations made by the Welsh Ministers, and b notice of the deletion is deposited before the end of that period deposited with the local authority in whose area the protected site is situated. 7 The Welsh Ministers may by regulations provide that a site rule may not be made, varied or deleted unless a proposal to make, vary or delete the rule is notified to the occupiers of mobile homes on the site in question in accordance with the regulations. 8 The Welsh Ministers may by regulations provide that site rules, or rules such as are mentioned in subsection (3), are of no effect in so far as they make provision in relation to matters prescribed by the regulations. 9 The Welsh Ministers may by regulations make provision as to the resolution of disputes— a relating to a proposal to make, vary or delete a site rule, b as to whether the making, variation or deletion of a site rule was in accordance with the applicable procedure prescribed by the regulations, c as to whether a deposit required to be made by virtue of subsection (4), (5) or (6) was made before the end of the relevant period. 10 Provision under subsection (9) may confer functions on a tribunal. 11 The Welsh Ministers may by regulations— a require a local authority to establish and keep up to date a register of site rules in respect of protected sites in its area, b require a local authority to publish the up-to-date register, c provide that any deposit required to be made by virtue of subsection (4), (5) or (6) must be accompanied by a fee of such amount as the local authority may determine. 12 In this section “ first consultation day ” means the day on which a proposal made under regulations under subsection (7) is notified to the occupiers of mobile homes on the site in accordance with the regulations. Successors in title 53 1 An agreement to which this Part applies is binding on, and has effect for the benefit of, any successor in title of the owner and any person claiming through or under the owner or any such successor. 2 Where an agreement to which this Part applies is lawfully assigned to any person, the agreement has effect for the benefit of, and is binding on, that person. 3 Where a person entitled to the benefit of and bound by an agreement to which this Part applies dies, the agreement has effect for the benefit of, and is binding on— a any person residing in the mobile home as that person's only or main residence at that time, being— i the widow, widower or surviving civil partner of the deceased or the surviving partner of an enduring family relationship of the deceased, or ii in default of a person within sub-paragraph (i) residing in the mobile home as that person's only or main residence at that time, any member of the deceased's family, or b in default of any such person residing in the mobile home as that person's only or main residence at that time, the person entitled to the mobile home by virtue of the deceased's will or under the law relating to intestacy, but subject to subsection (4). 4 An agreement to which this Part applies does not have effect for the benefit of, and is not binding on, a person by virtue of subsection (3)(b) in so far as— a it would, but for this subsection, enable or require that person to occupy the mobile home, or b it includes terms implied by virtue of paragraph 6, 12, 13, 39 or 41 of Schedule 2. Jurisdiction of a tribunal or the court 54 1 A tribunal has jurisdiction— a to determine any question arising under this Part or any agreement to which it applies, and b to entertain any proceedings brought under this Part or any such agreement, subject to subsections (2) to (6). 2 Subsection (1) applies in relation to a question irrespective of anything contained in an arbitration agreement which has been entered into before that question arose. 3 The court has jurisdiction— a to determine any question arising by virtue of paragraph 5, 6, 7(1)(b), 38, 39 or 40(1)(b) of Schedule 2 under this Part or any agreement to which it applies, and b to entertain any proceedings arising by virtue of any of those provisions brought under this Part or any such agreement, subject to subsections (4) to (6). 4 Subsection (5) applies if the owner and occupier have entered into an arbitration agreement before the question mentioned in subsection (3)(a) arises and the agreement applies to that question. 5 A tribunal has jurisdiction to determine the question and entertain any proceedings arising instead of the court. 6 Subsection (5) applies irrespective of anything contained in the arbitration agreement mentioned in subsection (4). Interpretation 55 1 In this Part— “ the appropriate judicial body ” (“ corff barnwrol priodol ”) means whichever of the court or a tribunal has jurisdiction under section 54; “ arbitration agreement ” (“ cytundeb cymrodeddu ”) means an agreement in writing to submit to arbitration any question arising under this Part or any agreement to which it applies; “ the court ” (“ y llys ”) means the county court for the district in which the protected site is situated or, where the parties have entered into an arbitration agreement that applies to the question to be determined, the arbitrator; “ occupier ” (“ meddiannydd ”) has the meaning given by section 48(2) (but see also subsection (2)(b)); “ permanent pitch ” (“ llain barhaol ”) means a pitch which is not a transit pitch; “ pitch ” (“ llain ”) means the land, forming part of a protected site and including any garden area, on which an occupier is entitled to station a mobile home under the terms of an agreement; “ transit pitch ” (“ llain dramwy ”) means a pitch on which a person is entitled to station a mobile home under the terms of an agreement for a fixed period of up to 3 months; “ tribunal ” (“ tribiwnlys ”) means a residential property tribunal or, where the parties have entered into an arbitration agreement that applies to the question to be determined and that question arose before the agreement was made, the arbitrator; “ site rules ” (“ rheolau safle ”) has the meaning given by section 52(2). 2 In relation to an agreement to which this Part applies— a any reference in this Part to the owner includes a reference to any person who is bound by and entitled to the benefit of the agreement by virtue of subsection (1) of section 53, and b subject to subsection (4) of that section, any reference in this Part to the occupier includes a reference to any person who is entitled to the benefit of and bound by the agreement by virtue of subsection (2) or (3) of that section. 3 For the purposes of this Part the following are members of a person's family— a the person's spouse or civil partner or any person who lives together with the person as a partner in an enduring family relationship, b the person's parents, grandparents, children and grandchildren (including any person who is in that relationship by virtue of a marriage or civil partnership or an enduring family relationship) and any other person treated by the person as a child of the person's family, and c the person's brothers, sisters, uncles, aunts, nephews and nieces (including any person who is in that relationship by virtue of a marriage or civil partnership or an enduring family relationship). PART 5 POWERS OF LOCAL AUTHORITIES Power to provide sites for mobile homes 56 1 A local authority may within its area provide sites where mobile homes may be brought, whether for holidays or other temporary purposes or for use as permanent residences, and may manage the sites or lease them to another person. 2 A local authority has power to do anything appearing to it desirable in connection with the provision of such sites and the things which it has power to do include (but are not limited to)— a acquiring land which is in use as a mobile home site or which has been laid out as a mobile home site, b providing for the use of those occupying mobile home sites any services for their health or convenience, and c providing, in or in connection with sites for the accommodation of Gypsies and Travellers, working space and facilities for the carrying on of activities normally carried on by them. 3 In exercising its powers under this section a local authority must have regard to any standards specified by the Welsh Ministers under section 10. 4 Before exercising the power under subsection (1) to provide a site the local authority must consult the fire and rescue authority— a as to measures to be taken for preventing and detecting the outbreak of fire on the site, and b as to the provision and maintenance of means of fighting fire on it. 5 A local authority must make in respect of sites managed by it, and of any services or facilities provided or made available under this section, such reasonable charges as it may determine. 6 A local authority may make available the services and facilities provided under this section for persons whether or not they normally reside in its area. 7 A local authority may, where it appears to it that— a a mobile home site or an additional mobile home site in needed in its area, or b that land which is in use as a mobile home site should in the interests of the users of mobile homes be taken over by the local authority, acquire land, or any interest in land, compulsorily. 8 The power conferred by subsection (7) is exercisable in any particular case only if the local authority is authorised by the Welsh Ministers to exercise it. 9 The Acquisition of Land Act 1981 has effect in relation to the acquisition of land, or an interest in land, under subsection (7). 10 A local authority does not have power under this section to provide mobile homes. Power to prohibit mobile homes on commons 57 1 This section applies to any land in Wales which is or forms part of a common and is not— a land to which section 193 of the Law of Property Act 1925 (rights of public over certain commons and waste lands) applies, b land subject to a scheme under Part 1 of the Commons Act 1899 (schemes for the regulation and management of certain commons), or c land as respects which a site licence is for the time being in force. 2 A local authority may make with respect to land to which this section applies and which is in its area an order prohibiting, either absolutely or except in such circumstances as may be specified in the order, the stationing of mobile homes on the land for the purposes of human habitation. 3 A person who stations a mobile home on any land in contravention of an order under subsection (2) for the time being in force with respect to the land commits an offence. 4 A person guilty of an offence under subsection (3) is liable on summary conviction to a fine not exceeding level 1 on the standard scale. 5 A local authority must take all reasonable steps to secure that copies of any order under subsection (2) which is for the time being in force with respect to any land in its area are displayed on the land so as to give persons entering the land warning of the existence of the order. 6 A local authority has the right to place on the land the notices that it considers necessary for the performance of its duty under subsection (5). 7 An order made by a local authority under subsection (2) may be revoked at any time by a subsequent order made under that subsection by the local authority or may be varied so as to exclude any land from the operation of the order or so as to introduce any exception, or further exception, from the prohibition imposed by the order. 8 Where the whole or part of any land to which an order under subsection (2) is in force ceases to be land to which this section applies, the order ceases to have effect with respect to the land or that part of it. 9 Where an order ceases to have effect with respect to part only of any land, the local authority must cause any copy of the order which is displayed on that part of the land with respect to which the order remains in force to be amended accordingly. 10 Schedule 3 makes further provision with respect to orders under subsection (2). 11 In this section “ common ” includes any land subject to be enclosed under the Inclosure Acts 1845 to 1882 and any town or village green. PART 6 SUPPLEMENTARY AND GENERAL Consequential amendments and transitionals etc. 58 1 Schedule 4 contains consequential amendments. 2 Schedule 5 contains transitional and transitory provisions and savings. 3 The Welsh Ministers may by order— a make any other amendments (including repeals or revocations) of any enactment or instrument which are consequential on any provision made by this Act, and b make any other transitional or transitory provision, or savings, which appear appropriate in connection with the coming into force of any provision of this Act. Liability of officers of bodies corporate 59 1 Where a body corporate commits an offence under this Act and it is proved that— a the offence was committed with the consent or connivance of an officer of the body corporate, or b the offence was attributable to neglect on the part of an officer of the body corporate, the officer, as well as the body corporate, is guilty of the offence and is liable to be proceeded against and punished accordingly. 2 In subsection (1) “ officer ” means— a a director, manager, secretary or similar officer of the body corporate, b in the case of a body corporate whose affairs are managed by its members, a member of the body corporate, or c a person purporting to act in a capacity mentioned in paragraph (a) or (b). Meaning of “mobile home” 60 1 In this Act “ mobile home ” means any structure designed or adapted for human habitation which is capable of being moved from one place to another (whether by being towed, or by being transported on a motor vehicle or trailer) and any motor vehicle designed or adapted for human habitation, but does not include— a any railway rolling stock which is for the time being on rails forming part of a railway system, or b any tent. 2 A structure designed or adapted for human habitation which— a is composed of not more than 2 sections separately constructed and designed to be assembled on a site by means of bolts, clamps or other devices, and b is, when assembled, physically capable of being moved by road from one place to another (whether by being towed, or by being transported on a motor vehicle or trailer), is not to be regarded as not being (or as not having been) a mobile home for the purposes of this Act by reason only that it cannot lawfully be moved on a highway when assembled. 3 For the purposes of this Act “ mobile home ” does not include a structure designed or adapted for human habitation which falls within subsection (2)(a) and (b) if its dimensions when assembled exceed any of the following limits, namely— a length (exclusive of any drawbar): 20 metres, b width: 6.8 metres, and c overall height of living accommodation (measured internally from the floor at the lowest level to the ceiling at the highest level): 3.05 metres. 4 The Welsh Ministers may by order substitute for any figure mentioned in subsection (3) such other figure as may be specified in the order. Meaning of “qualifying residents' association” 61 1 For the purposes of this Act an association is a “qualifying residents' association”, in relation to a site, if— a it is an association representing the occupiers of mobile homes on the site, b occupiers of at least 50 per cent of those mobile homes are members of the association, c it is independent from the owner of the site who, together with any agent or employee of the owner, is excluded from membership, d subject to paragraph (c), membership is open to occupiers of all mobile homes on the site, e its rules and constitution are open to public inspection and it maintains a list of members, f it has a chairman, secretary and treasurer who are elected by and from among the members, and g with the exception of administrative decisions taken by the chairman, secretary and treasurer acting in their official capacities, decisions are taken by voting and there is only 1 vote for each mobile home. 2 Only 1 occupier of each mobile home may be a member of the association; and, where there is more than 1 occupier of a mobile home, the one who is to be the member of the association is whichever of them the occupiers agree or, in default of agreement, the one whose name appears first on the agreement to station the mobile home on the site. 3 An association is not a qualifying residents' association in relation to a site unless an up to date list of members has been lodged with the local authority in whose area the site is situated. 4 When a copy of the list of members of an association is lodged with a local authority, the local authority— a must take reasonable steps to ascertain whether occupiers of at least 50 per cent of the mobile homes on the site are members of the association, and b must give notice in writing to the association and the owner stating whether or not it is satisfied that occupiers of at least 50 per cent of the mobile homes on the site are members of the association. 5 Where an association is given notice that the local authority is satisfied that occupiers of at least 50 per cent of the mobile homes on the site are members of the association, the duty to lodge an up to date copy of its list of members requires it to do so as soon as is reasonably practicable after any changes in its membership. 6 If it appears to the local authority at any time that the membership of a qualifying residents' association no longer includes occupiers of at least 50 per cent of the mobile homes on the site, the local authority must immediately give notice in writing to the association and the owner of the site that the association is no longer a qualifying residents' association. 7 In this section— ... “ occupier ” (“ meddiannydd ”) , in relation to a mobile home and a site, means a person who is entitled— to station the mobile home on the site, and to occupy the mobile home as the person's only or main residence; and ... 8 The disclosure by a local authority to the public of a list of members of a qualifying residents' association which has been lodged with the local authority is to be treated for the purposes of section 41(1) of the Freedom of Information Act 2000 as a breach of confidence actionable by the members of the association; but nothing in this subsection applies to the disclosure of details of the chairman, secretary or treasurer. Other interpretation 62 In this Act, unless the context otherwise requires— “fire and rescue authority” (“”), in relation to any land, means the fire and rescue authority under the Fire and Rescue Services Act 2004 for the area in which the land is situated. “ Gypsies and Travellers ” (“ Sipsiwn a Theithwyr ”) means — persons of a nomadic habit of life, whatever their race or origin, including— persons who, on grounds only of their own or their family's or dependant's educational needs or old age, have ceased to travel temporarily or permanently, and members of an organised group of travelling show people or circus people (whether or not travelling together as such); and all other persons with a cultural tradition of nomadism or of living in a mobile home; “ local authority ” (“ awdurdod lleol ”) means the council of a Welsh county or county borough; “ local authority Gypsy and Traveller site ” (“ safle Sipsiwn a Theithwyr awrdurdod lleol ”) has the meaning given by section 2(5); “ owner ” (“ perchennog ”) is to be construed in accordance with section 3 (but see also sections 39(2), 42 and 55(2)) and related expressions are to be construed accordingly; “ pitch fee ” (“ ffi am y llain ”) means the amount which the occupier of a mobile home is required by an agreement to pay for the right to station the mobile home on the pitch and for use of the common areas of the protected site and their maintenance, but does not include amounts due in respect of gas, electricity, water and sewerage or other services, unless the agreement expressly provides that the pitch fee includes such amounts; “ planning permission ” (“ caniatâd cynllunio ”) means permission under Part 3 of the Town and Country Planning Act 1990; “ protected site ” (“ safle gwarchodedig ”) has the meaning given by section 2(2); “ regulated site ” (“ safle rheoleiddiedig ”) has the meaning given by section 2(1); “ site licence ” (“ trwydded safle ”) has the meaning given by section 5(1). Orders and regulations etc. 63 1 Any power of the Welsh Ministers to make an order or regulations under this Act is exercisable by statutory instrument. 2 Subsection (1) does not apply to the power in paragraph 14 of Schedule 1. 3 No order may be made under section 51 unless the Welsh Ministers have consulted— a such organisations as appear to them to be representative of interests substantially affected by the order, and b such other persons as they consider appropriate. 4 No order may be made under section 60(4) unless the Welsh Ministers have consulted such persons or bodies as appear to them to be concerned. 5 None of the following may be made unless a draft of the statutory instrument containing it or them has been laid before, and approved by a resolution of, the National Assembly for Wales— a regulations under section 29(5), b an order under section 51, or c any order or regulations under this Act, other than an order under section 60(4), containing an amendment of an enactment. 6 A statutory instrument containing— a regulations under section 49 or 52 or paragraph 9, 10, 12 or 13 of Schedule 2, b the first regulations to be made under paragraph 11 or 23 of that Schedule, c an order under section 58(3)(a), or d an order under section 60(4), is subject to annulment in pursuance of a resolution of the National Assembly for Wales unless a draft of the statutory instrument has been approved in accordance with subsection (5). 7 A statutory instrument containing regulations under any provision of this Act other than paragraph 11 or 23 of Schedule 2 which is subject to annulment in pursuance of a resolution of the National Assembly for Wales may also contain regulations made under paragraph 11 or 23 of Schedule 2. 8 Any order or regulations under this Act may make different provision with respect to different cases or descriptions of case, including different provision for different areas or (in the case of regulations under paragraph 9 or 10 of Schedule 2) sales at different prices. 9 Any order or regulations under this Act may contain such incidental, supplementary, consequential, transitional or saving provisions as the Welsh Ministers consider appropriate. 10 Any guidance issued under this Act by the Welsh Ministers may be varied or withdrawn by them. Commencement 64 1 This Part comes into force on the day after the day on which this Act receives Royal Assent. 2 The other provisions of this Act come into force on a day appointed by order made by the Welsh Ministers. 3 An order under subsection (2) may appoint different days for different purposes. Short title 65 The short title of this Act is the Mobile Homes (Wales) Act 2013. SCHEDULE 1 SITES WHICH ARE NOT REGULATED SITES (introduced by section 2) Use within curtilage of dwelling house 1 A site is not a regulated site by virtue of being used in a way which is incidental to the enjoyment of a dwelling house within the curtilage of which the land is situated. Use by a person travelling with a mobile home for 1 or 2 nights 2 Subject to paragraph 14, a site is not a regulated site by virtue of being used by a person travelling with a mobile home who brings the mobile home on to the land for a period which includes not more than 2 nights— a if during that period no other mobile home is stationed for the purposes of human habitation on that land or any adjoining land in the same ownership, and b if, in the period of 12 months ending with the day on which the mobile home is brought on to the land, the number of days on which a mobile home was stationed anywhere on that land or that adjoining land for the purposes of human habitation did not exceed 28. Use of holdings of 20,000 m² or more in certain circumstances 3 1 Subject to paragraph 14, a site is not a regulated site on any day if it comprises, together with any adjoining land which is in the same ownership and has not been built on, not less than 20,000 square metres and in the period of 12 months preceding that day— a the number of days on which a mobile home was stationed anywhere on that land or on that adjoining land for the purposes of human habitation did not exceed 28, and b not more than 3 mobile homes were stationed anywhere on that land or on that adjoining land for the purposes of human habitation at any one time. 2 The Welsh Ministers may by order provide that in any such area as may be specified in the order this paragraph is to have effect as if— a for the reference in the sub-paragraph (1) to 20,000 square metres there were substituted a reference to such smaller area as is specified in the order, or b for the condition specified in paragraph (a) of that sub-paragraph there were substituted a condition that the use in question falls between such dates in any year as may be specified in the order. 3 The Welsh Ministers may make different orders under sub-paragraph (2) in relation to different areas. 4 An order under sub-paragraph (2) is to come into force on the date specified in the order, being a date not less than 3 months after the order is made. 5 The Welsh Ministers must publish notice of an order under sub-paragraph (2) in a local newspaper circulating in the locality affected by the order and in such other ways as appear to them appropriate for the purpose of drawing the attention of the public to the order. Sites owned and supervised by exempted organisations 4 Subject to paragraph 14, a site is not a regulated site if it is owned by an organisation which holds a certificate of exemption granted under paragraph 13 (an “exempted organisation”) and it is used for purposes of recreation under the supervision of the exempted organisation. Sites approved by exempted organisations 5 1 Subject to paragraph 14, a site is not a regulated site if there is in force in respect of it a certificate issued under this paragraph by an exempted organisation and not more than 5 mobile homes are at the time stationed for the purposes of human habitation on the land to which the certificate relates. 2 For the purposes of this paragraph an exempted organisation may issue as respects any land a certificate stating that the land has been approved by the exempted organisation for use by its members for the purposes of recreation. 3 The certificate must be issued to the owner of the land to which it relates, and the exempted organisation must send particulars to the Welsh Ministers of all certificates issued by the exempted organisation under this paragraph. 4 A certificate issued by an exempted organisation under this paragraph must specify the date on which it is to come into force and the period for which it is to continue in force, being a period not exceeding a year. Meetings organised by exempted organisations 6 Subject to paragraph 14, a site is not a regulated site if the use of the site is under the supervision of an exempted organisation and is in pursuance of arrangements made by that organisation for a meeting for its members lasting not more than 5 days. Agricultural and forestry workers 7 Subject to paragraph 14, a site is not a regulated site if it is agricultural land used for the accommodation during a particular season of a person or persons employed in farming operations on land in the same ownership. 8 Subject to paragraph 14, a site is not a regulated site if it is used for the accommodation during a particular season of a person employed on land in the same ownership, being land used for the purposes of forestry (including afforestation). Building and engineering sites 9 Subject to paragraph 14, a site is not a regulated site if it forms part of, or adjoins, land on which building or engineering operations are being carried out (being operations for the carrying out of which planning permission has, if required, been granted) and is used is for the accommodation of a person or persons employed in connection with the operations. Travelling showmen 10 1 Subject to paragraph 14, a non-local authority owned site is not a regulated site by virtue of being used by a travelling showman who is a member of an organisation of travelling showmen which holds a certificate granted under this paragraph and who is, at the time, travelling for the purposes of business or who has taken up winter quarters on the land with equipment for some period falling between the beginning of October in any year and the end of March in the following year. 2 For the purposes of this paragraph the Welsh Ministers may grant a certificate to any organisation recognised by them as confining its membership to bona fide travelling showmen; and a certificate may be withdrawn by the Welsh Ministers at any time. Sites owned by local authority 11 A site is not a regulated site if it is owned by the local authority. Temporary exemption after death of, or other change in, owner 12 1 Where the holder of a site licence for a regulated site dies, or there is a change in who is the owner of a site in respect of which a site licence is in force for any other reason, the site is not a regulated site during the period of 3 months beginning with the day of the death or change of owner (the “initial exempt period”). 2 If at any time during the initial exempt period, or any subsequent period specified under this sub-paragraph, the personal representatives of the dead owner or the new owner applies to the local authority in whose area the site is, the local authority may by notice issued to the applicant provide that the site is not to be a regulated site during the period specified in the notice. 3 If a local authority decides to refuse an application under sub-paragraph (2) the local authority must give the applicant notice of that decision and the reasons for it. Certification of exempted organisations 13 1 For the purposes of paragraphs 4, 5 and 6 the Welsh Ministers may grant a certificate of exemption to any organisation as to which they are satisfied that its objects include the encouragement or promotion of recreational activities. 2 A certificate granted under this paragraph may be withdrawn by the Welsh Ministers at any time. Power to withdraw exceptions 14 1 The Welsh Ministers may, on the application of a local authority, by order provide that, in relation to such land situated in its area as may be specified in the order, this Schedule is to have effect as if paragraphs 2 to 10, or such one or more of those paragraphs as is specified in the order, were omitted from this Schedule. 2 An order under this paragraph— a comes into force on the date specified in it, and b may be varied or revoked by a subsequent order only on the application of the local authority on whose application it was made. 3 Not less than 3 months before an order under this paragraph comes into force, the local authority on whose application it was made must cause a notice setting out the effect of the order and the date on which it comes into force to be published in a local newspaper circulating in the locality in which the land to which the order relates is situated. 4 Sub-paragraph (3) does not apply in the case of an order the sole effect of which is to revoke in whole or part a previous order. SCHEDULE 2 TERMS OF MOBILE HOME AGREEMENTS (introduced by section 50) PART 1 TERMS IMPLIED BY ACT CHAPTER 1 APPLICATION 1 1 The implied terms set out in Chapter 2 apply to all agreements except an agreement which relates to a pitch on a local authority Gypsy and Traveller site. 2 The implied terms set out in Chapter 3 apply to an agreement which relates to a transit pitch on a local authority Gypsy and Traveller site. 3 The implied terms set out in Chapter 4 apply to an agreement which relates to a permanent pitch on a local authority Gypsy and Traveller site. 4 In this Part— “ consumer prices index ” (“ mynegai prisiau defyddwyr ”) means the general index of consumer prices (for all items) published by the Statistics Board or, if that index is not published for a relevant month, any substituted index or index figures published by the Board; “ review date ” (“ dyddiad yr adolygiad ”), in relation to an agreement, means the date specified in the written statement as the date on which the pitch fee will be reviewed in each year or, if no such date is specified, each anniversary of the date the agreement commenced; “ written statement ” (“ datganiad ysgrifenedig ”) means the written statement that the owner of the protected site is required to give to the occupier of the mobile home by section 49(1). CHAPTER 2 AGREEMENTS RELATING TO PITCHES EXCEPT THOSE ON LOCAL AUTHORITY GYPSY AND TRAVELLER SITES Duration of agreement 2 Subject to paragraph 3, the right to station the mobile home on land forming part of the protected site subsists until the agreement is determined under paragraph 4, 5, 6 or 7. 3 1 If the owner's estate or interest is insufficient to enable the owner to grant the right for an indefinite period, the period for which the right subsists does not extend beyond the date when the owner's estate or interest determines. 2 If planning permission for the use of the protected site as a site for mobile homes has been granted in terms such that it will expire at the end of a specified period, the period for which the right subsists does not extend beyond the date when the planning permission expires. 3 If before the end of a period determined by this paragraph there is a change in circumstances which allows a longer period, account is to be taken of that change. Termination 4 The occupier is entitled to terminate the agreement by notice in writing given to the owner not less than 4 weeks before the date on which it is to take effect. 5 The owner is entitled to terminate the agreement immediately if, on the application of the owner, the appropriate judicial body— a is satisfied that the occupier has breached a term of the agreement and, after service of a notice to remedy the breach, has not complied with the notice within a reasonable time, and b considers it reasonable for the agreement to be terminated. 6 The owner is entitled to terminate the agreement immediately if, on the application of the owner, the appropriate judicial body— a is satisfied that the occupier is not occupying the mobile home as the occupier's only or main residence, and b considers it reasonable for the agreement to be terminated. 7 1 The owner is entitled to terminate the agreement immediately if— a on the application of the owner, a tribunal has determined that, having regard to its condition, the mobile home is having a detrimental effect on the amenity of the site, and b then, on the application of the owner, the appropriate judicial body, having regard to the tribunal's determination and to any other circumstances, considers it reasonable for the agreement to be terminated. 2 Sub-paragraphs (3) and (4) apply if, on an application to the tribunal under sub-paragraph (1)(a)— a the tribunal considers that, having regard to the present condition of the mobile home, it is having a detrimental effect on the amenity of the site, but b it also considers that it would be reasonably practicable for particular repairs to be carried out on the mobile home that would result in the mobile home not having that detrimental effect, and c the occupier indicates to the tribunal that the occupier intends to carry out those repairs. 3 In such a case, the tribunal may make an interim order— a specifying the repairs that must be carried out and the time within which they must be carried out, and b adjourning the proceedings on the application for such period specified in the interim order as the tribunal considers reasonable to enable the repairs to be carried out. 4 If the tribunal makes an interim order under sub-paragraph (3), it must not make a determination under sub-paragraph (1)(a) unless it is satisfied that the specified period has expired without the repairs having been carried out. Recovery of overpayments by occupier 8 Where the agreement is terminated as mentioned in paragraph 4, 5, 6 or 7, the occupier is entitled to recover from the owner so much of any payment made by the occupier in pursuance of the agreement as is attributable to a period beginning after the termination. Sale of mobile home 9 1 Where the agreement is a new agreement, the occupier is entitled to sell the mobile home and to assign the agreement to the person to whom the mobile home is sold (the “new occupier”) without the approval of the owner. 2 In this paragraph and paragraphs 10, 12 and 13, “ new agreement ” means an agreement— a which was made after the commencement of this paragraph, or b which was made before, but which has been assigned after, that commencement. 3 The new occupier must, as soon as reasonably practicable, notify the owner of the completion of the sale and assignment of the agreement. 4 The new occupier is required to pay the owner a commission on the sale of the mobile home at a rate not exceeding such rate as may be prescribed by regulations made by the Welsh Ministers. 5 Except to the extent mentioned in sub-paragraph (4), the owner may not require any payment to be made (whether to the owner or otherwise) in connection with the sale of the mobile home and the assignment of the agreement to the new occupier. 6 The Welsh Ministers may by regulations prescribe procedural requirements to be complied with by the owner, the occupier or the new occupier in connection with— a the sale of the mobile home and assignment of the agreement, or b the payment of commission by virtue of sub-paragraph (4). 10 1 Where the agreement is not a new agreement, the occupier is entitled to sell the mobile home and assign the agreement without the approval of the owner if— a the occupier serves on the owner a notice (a “notice of proposed sale”) that the occupier proposes to sell the mobile home, and assign the agreement, to the person named in the notice (the “proposed occupier”), and b the first or second condition is satisfied. 2 The first condition is that, within the period of 21 days beginning with the date on which the owner received the notice of proposed sale (“the 21-day period”), the occupier does not receive a notice from the owner that the owner has applied to a tribunal for an order preventing the occupier from selling the mobile home, and assigning the agreement, to the proposed occupier (a “refusal order”). 3 The second condition is that— a within the 21-day period— i the owner applies to a tribunal for a refusal order, and ii the occupier receives a notice of the application from the owner, and b the tribunal rejects the application. 4 If the owner applies to a tribunal for a refusal order within the 21-day period but the occupier does not receive notice of the application from the owner within that period— a the application is to be treated as not having been made, and b the first condition is accordingly to be treated as satisfied. 5 A notice of proposed sale must include such information as may be prescribed in regulations made by the Welsh Ministers. 6 A notice of proposed sale or notice of an application for a refusal order— a must be in writing, and b may be served by post. 7 An application for a refusal order may be made only on one or more of the grounds prescribed in regulations made by the Welsh Ministers; and a notice of an application for a refusal order must specify the ground or grounds on which the application is made. 8 The person to whom the mobile home is sold (“the new occupier”) is required to pay the owner a commission on the sale of the mobile home at a rate not exceeding such rate as may be prescribed by regulations made by the Welsh Ministers. 9 Except to the extent mentioned in sub-paragraph (8), the owner may not require any payment to be made (whether to the owner or otherwise) in connection with the sale of the mobile home and the assignment of the agreement. 10 The Welsh Ministers may by regulations prescribe procedural requirements to be complied with by the owner, the occupier, a proposed occupier or the new occupier in connection with— a the sale of the mobile home and assignment of the agreement, and b the payment of commission by virtue of sub-paragraph (8). 11 1 This paragraph applies where the occupier proposes to sell the mobile home, and assign the agreement, pursuant to paragraph 9 or 10. 2 The occupier must, not later than 28 days before the completion of the sale of the mobile home and assignment of the agreement, provide the proposed occupier with— a such documents, or documents of such description, as may be prescribed in regulations made by the Welsh Ministers, and b such other information as may be prescribed in the regulations, in the form prescribed in them. 3 But if the proposed occupier consents in writing to the documents and other information concerned being provided by a date (“the chosen date”) which is less than 28 days before the completion of the sale and assignment of the agreement, the occupier must provide the documents and other information to the proposed occupier not later than the chosen date. 4 The documents and other information which may be prescribed in regulations under sub-paragraph (2) include (but are not limited to)— a a copy of the agreement, b a copy of the site rules (if any) for the protected site on which the mobile home is stationed, c details of the pitch fee payable under the agreement, d a forwarding address for the occupier, e in a case within paragraph 9, information about the requirement imposed by virtue of sub-paragraph (3) of that paragraph, f details of the commission which would be payable by the proposed occupier by virtue of paragraph 9(4) or 10(8), g information about such requirements as are prescribed in regulations under paragraph 9(6) or 10(10). 5 Documents or other information required to be provided under this paragraph may be delivered to the prospective purchaser personally or sent by post. 6 A claim that a person has broken the duty under sub-paragraph (2) or (3) may be made the subject of civil proceedings in the same manner as any other claim in tort for breach of statutory duty. Gift of mobile home 12 1 Where the agreement is a new agreement, provided that the occupier has supplied the owner with the relevant evidence, the occupier is entitled to give the mobile home, and to assign the agreement, to a member of the occupier's family (the “new occupier”) without the approval of the owner. 2 The relevant evidence is— a evidence, or evidence of a description, prescribed in regulations made by the Welsh Ministers that the person to whom the occupier proposes to give the mobile home, and to assign the agreement, is a member of the occupier's family, or b any other satisfactory evidence that the person concerned is a member of the occupier's family. 3 The new occupier must, as soon as reasonably practicable, notify the owner of the receipt of the mobile home and assignment of the agreement. 4 The owner may not require any payment to be made (whether to the owner or otherwise) in connection with the gift of the mobile home, and the assignment of the agreement, as mentioned in sub-paragraph (1). 5 The Welsh Ministers may by regulations prescribe procedural requirements to be complied with by the owner, the occupier or the new occupier in connection with the gift of the mobile home, and assignment of the agreement, as mentioned in sub-paragraph (1). 13 1 Where the agreement is not a new agreement, the occupier is entitled to give the mobile home, and assign the agreement, to a member of the occupier's family (the “proposed occupier”) without the approval of the owner if— a the occupier serves on the owner a notice (a “notice of proposed gift”) that the occupier proposes to give the mobile home to the proposed occupier, and b the first or second condition is satisfied. 2 The first condition is that, within the period of 21 days beginning with the date on which the owner received the notice of proposed gift (“the 21-day period”), the occupier does not receive a notice from the owner that the owner has applied to a tribunal for an order preventing the occupier from giving the mobile home, and assigning the agreement, to the proposed occupier (a “refusal order”). 3 The second condition is that— a within the 21-day period— i the owner applies to a tribunal for a refusal order, and ii the occupier receives a notice of the application from the owner, and b the tribunal rejects the application. 4 If the owner applies to a tribunal for a refusal order within the 21-day period but the occupier does not receive notice of the application from the owner within that period— a the application is to be treated as not having been made, and b the first condition is accordingly to be treated as satisfied. 5 A notice of proposed gift must include— a the relevant evidence under paragraph 12(2), and b such other information as may be prescribed in regulations made by the Welsh Ministers. 6 A notice of proposed gift or notice of an application for a refusal order— a must be in writing, and b may be served by post. 7 An application for a refusal order may be made only on one or more of the grounds prescribed in regulations made by the Welsh Ministers; and a notice of an application for a refusal order must specify the ground or grounds on which the application is made. 8 The owner may not require any payment to be made (whether to the owner or otherwise) in connection with the gift of the mobile home, and the assignment of the agreement, as mentioned in sub-paragraph (1). 9 The Welsh Ministers may by regulations prescribe procedural requirements to be complied with by the owner, the occupier, a proposed occupier or the person to whom the mobile home is given in connection with the gift of the mobile home, and assignment of the agreement, as mentioned in sub-paragraph (1). Re-siting of mobile home 14 1 The owner is entitled to require that the occupier's right to station the mobile home is exercisable for any period in relation to another pitch forming part of the protected site (“the other pitch”) if— a on the application of the owner, a tribunal is satisfied that the other pitch is broadly comparable to the occupier's original pitch and that it is reasonable for the mobile home to be stationed on the other pitch for that period, or b the owner needs to carry out essential repair or emergency works that can only be carried out if the mobile home is moved to the other pitch for that period, and either— i on an application by the owner a tribunal is satisfied of that need and that the other pitch is broadly comparable to the occupier's original pitch, or ii the urgency of the need means that it is impracticable to make an application before the mobile home is re-sited. 2 In a case where sub-paragraph (ii) of paragraph (b) of sub-paragraph (1) applies, the owner must immediately make an application to a tribunal and if the tribunal is not satisfied as mentioned in sub-paragraph (i) of that paragraph the owner must immediately secure that the mobile home is returned to the original pitch. 3 If the owner requires the occupier to station the mobile home on the other pitch so that the owner can replace, or carry out repairs to, the base on which the mobile home is stationed, the owner must, if the occupier requires the owner to do so or a tribunal on the application of the occupier orders the owner to do so, secure that the mobile home is returned to the original pitch on the completion of the replacement or repairs. 4 The owner must pay all the costs and expenses incurred by the occupier in connection with the mobile home being moved to and from the other pitch. 5 In this paragraph and paragraph 16 “ essential repair or emergency works ” means— a repairs to the base on which the mobile home is stationed, b works or repairs needed to comply with any relevant legal requirements, or c works or repairs in connection with restoration following flood, landslide or other natural disaster. Quiet enjoyment of the mobile home 15 The occupier is entitled to quiet enjoyment of the mobile home together with the pitch during the continuance of the agreement, subject to paragraphs 14 and 16. Owner's right of entry to the pitch 16 1 The owner may enter the pitch without prior notice between the hours of 9 am and 6 pm— a to deliver written communications, including post and notices, to the occupier, and b to read any meter for gas, electricity, water, sewerage or other services supplied by the owner. 2 The owner may enter the pitch to carry out essential repair or emergency works on giving as much notice to the occupier (whether in writing or otherwise) as is reasonably practicable in the circumstances. 3 Unless the occupier has agreed otherwise, the owner may enter the pitch for a reason other than one specified in sub-paragraph (1) or (2) only if the owner has given the occupier at least 14 clear days' written notice of the date, time and reason for the visit. 4 The rights conferred by this paragraph do not extend to the mobile home. The pitch fee 17 1 The pitch fee can only be changed in accordance with this paragraph, either— a with the agreement of the occupier, or b if a tribunal, on the application of the owner or the occupier, considers it reasonable for the pitch fee to be changed and makes an order determining the amount of the new pitch fee. 2 The pitch fee must be reviewed annually as at the review date. 3 At least 28 clear days before the review date the owner must serve on the occupier a written notice setting out proposals in respect of the new pitch fee. 4 A notice under sub-paragraph (3) which proposes an increase in the pitch fee is of no effect unless it is accompanied by a document which complies with paragraph 23. 5 If the occupier agrees to the proposed new pitch fee, it is payable as from the review date. 6 If the occupier does not agree to the proposed new pitch fee— a the owner or the occupier may apply to a tribunal for an order under sub-paragraph (1)(b) determining the amount of the new pitch fee, b the occupier must continue to pay the current pitch fee to the owner until such time as the new pitch fee is agreed by the occupier or an order determining the amount of the new pitch fee is made by the tribunal under sub-paragraph (1)(b), and c the new pitch fee is payable as from the review date but the occupier is not to be regarded as being in arrears until the 28th day after the date on which the new pitch fee is agreed or, as the case may be, the 28th day after the date of the tribunal's order determining the amount of the new pitch fee. 7 An application under sub-paragraph (6)(a) may be made at any time after the end of the period of 28 days beginning with the review date but no later than 3 months after the review date. 8 Sub-paragraphs (9) to (12) apply if the owner— a has not served the notice required by sub-paragraph (3) by the time by which it was required to be served, but b at any time afterwards serves on the occupier a written notice setting out proposals in respect of a new pitch fee. 9 A notice under sub-paragraph (8)(b) which proposes an increase in the pitch fee is of no effect unless it is accompanied by a document which complies with paragraph 23. 10 If (at any time) the occupier agrees to the proposed pitch fee, it is payable as from the 28th day after the date on which the owner serves the notice under sub-paragraph (8)(b). 11 If the occupier has not agreed to the proposed pitch fee— a the owner or the occupier may apply to a tribunal for an order under sub-paragraph (1)(b) determining the amount of the new pitch fee, b the occupier must continue to pay the current pitch fee to the owner until such time as the new pitch fee is agreed by the occupier or an order determining the amount of the new pitch fee is made by a tribunal under sub-paragraph (1)(b), and c if the tribunal makes such an order, the new pitch fee is payable as from the 28th day after the date on which the owner serves the notice under sub-paragraph (8)(b). 12 An application under sub-paragraph (11) may be made at any time after the end of the period of 56 days beginning with date on which the owner serves the notice under sub-paragraph (8)(b) but no later than 4 months after the date on which the owner serves that notice. 13 A tribunal may permit an application under sub-paragraph (6)(a) or (11)(a) to be made to it outside the time limit specified in sub-paragraph (7) (in the case of an application under sub-paragraph (6)(a)) or in sub-paragraph (12) (in the case of an application under sub-paragraph (11)(a)) if it is satisfied that, in all the circumstances, there are good reasons for the failure to apply within the applicable time limit and for any delay since then in applying for permission to make the application out of time. 14 The occupier is not to be treated as being in arrears— a where sub-paragraph (10) applies, until the 28th day after the date on which the new pitch fee is agreed, or b where sub-paragraph (11)(b) applies, until the 28th day after the date on which the new pitch fee is agreed or, as the case may be, the 28th day after the date of the tribunal's order determining the amount of the new pitch fee. 15 Sub-paragraph (16) applies if a tribunal, on the application of the occupier, is satisfied that— a a notice under sub-paragraph (3) or (8)(b) was of no effect as a result of sub-paragraph (4) or (9), but b the occupier nonetheless paid the owner the pitch fee proposed in the notice. 16 The tribunal may order the owner to pay the occupier, within the period of 21 days beginning with the date of the order, the difference between— a the amount which the occupier was required to pay the owner for the period in question, and b the amount which the occupier has paid the owner for that period. 18 1 When determining the amount of the new pitch fee particular regard is to be had to— a any sums expended by the owner since the last review date on improvements— i which are for the benefit of the occupiers of mobile homes on the protected site, ii which were the subject of consultation in accordance with paragraph 22(1)(e) and (f), and iii to which a majority of the occupiers have not disagreed in writing or which, in the case of such disagreement, a tribunal, on the application of the owner, has ordered should be taken into account when determining the amount of the new pitch fee, b any deterioration in the condition, and any decrease in the amenity, of the site or any adjoining land which is occupied or controlled by the owner since the date on which this sub-paragraph came into force (in so far as regard has not previously been had to that deterioration or decrease for the purposes of this sub-paragraph), c any reduction in the services that the owner supplies to the site, pitch or mobile home, and any deterioration in the quality of those services, since the date on which this sub-paragraph came into force (in so far as regard has not previously been had to that reduction or deterioration for the purposes of this sub-paragraph), and d any direct effect on the costs payable by the owner in relation to the maintenance or management of the site of an enactment which has come into force since the last review date. 2 But no regard is to be had, when determining the amount of the new pitch fee, to any costs incurred by the owner since the last review date for the purpose of complying with provisions contained in this Part which were not contained in the Mobile Homes Act 1983 in its application in relation to Wales before the coming into force of this Part. 3 When calculating what constitutes a majority of the occupiers for the purposes of sub-paragraph (1)(a)(iii) each mobile home is to be taken to have only 1 occupier and, in the event of there being more than 1 occupier of a mobile home, its occupier is to be taken to be whichever of them the occupiers agree or, in default of agreement, the one whose name appears first on the agreement. 4 In a case where the pitch fee has not been previously reviewed, references in this paragraph to the last review date are to be read as references to the date when the agreement commenced. 19 1 When determining the amount of the new pitch fee, any costs incurred by the owner in connection with expanding the protected site are not to be taken into account. 2 When determining the amount of the new pitch fee, no regard may be had to— a any costs incurred by the owner in relation to the conduct of proceedings under this Part or the agreement, b any fee required to be paid by the owner by virtue of section 6 or 13, or c any costs incurred by the owner in connection with— i any action taken by a local authority under sections 15 to 25, or ii the owner being convicted of an offence under section 18. 20 1 Unless it would be unreasonable having regard to paragraph 18(1), there is a presumption that the pitch fee is to increase or decrease by a percentage which is no more than any percentage increase or decrease in the consumer prices index calculated by reference only to— a the latest index, and b the index published for the month which was 12 months before that to which the latest index relates. 2 In sub-paragraph (1) “the latest index”— a in a case where the owner serves a notice under paragraph 17(3), means the last index published before the day on which that notice is served, and b in a case where the owner serves a notice under paragraph 17(8)(b) means the last index published before the day by which the owner was required to serve a notice under paragraph 17(3). Occupier's obligations and owner's corresponding obligations 21 1 The occupier must— a pay the pitch fee to the owner, b pay to the owner all sums due under the agreement in respect of gas, electricity, water, sewerage or other services supplied by the owner, c keep the mobile home in a sound state of repair, d maintain— i the outside of the mobile home, and ii the pitch, including all fences and outbuildings belonging to, or enjoyed with, it and the mobile home, in a clean and tidy condition, and e if requested by the owner, provide the owner with documentary evidence of any costs or expenses in respect of which the occupier seeks reimbursement. 2 The owner must not do or cause to be done anything— a which may adversely affect the ability of the occupier to perform the obligation under sub-paragraph (1)(c) or which may deter the occupier from making internal improvements to the mobile home or interfere with the occupier's ability to do so, or b which may adversely affect the ability of the occupier to perform the obligations under sub-paragraph (1)(d) or which may deter the occupier from making external improvements to the mobile home or interfere with the occupier's ability to do so. 3 Sub-paragraph (2) does not authorise the occupier to carry out works to the mobile home which are prohibited by the terms of the agreement or by or under any enactment. 4 Where the terms of the agreement permit works to the mobile home to be carried out only with the permission of the owner, that permission must not be unreasonably withheld. Owner's other obligations 22 1 The owner must— a if requested by the occupier, and on payment by the occupier of a charge of not more than £30, provide accurate written details of— i the size of the pitch and the base on which the mobile home is stationed, and ii the location of the pitch and the base within the protected site, and the details must include measurements between identifiable fixed points on the protected site and the pitch and the base, b if requested by the occupier, provide (free of charge) documentary evidence in support and explanation of— i any new pitch fee, ii any charges for gas, electricity, water, sewerage or other services payable by the occupier to the owner under the agreement, and iii any other charges, costs or expenses payable by the occupier to the owner under the agreement, c be responsible for repairing the base on which the mobile home is stationed and for maintaining any gas, electricity, water, sewerage or other services supplied by the owner to the pitch or to the mobile home, d maintain in a clean and tidy condition those parts of the protected site, including access ways, site boundary fences and trees, which are not the responsibility of any occupier of a mobile home stationed on the protected site, e consult the occupier about improvements to the protected site in general, and in particular about those which the owner wishes to be taken into account when determining the amount of any new pitch fee, and f consult a qualifying residents' association (if there is one) or (otherwise) occupiers of mobile homes stationed on the protected site, about all matters which relate to the operation and management of, improvements to, or any proposed change of use of, the protected site and may affect the occupiers either directly or indirectly. 2 For the purposes of sub-paragraph (1)(e), to “consult” the occupier means— a to give the occupier at least 28 clear days' notice in writing of the proposed improvements which— i describes the proposed improvements and how they will benefit the occupier in the long and short term, ii details how the pitch fee may be affected when it is next reviewed, and iii states when and where the occupier can make representations about the proposed improvements, and b to take into account any representations made by the occupier about the proposed improvements, in accordance with paragraph (a)(iii), before undertaking them. 3 For the purposes of sub-paragraph (1)(f), to “consult” a qualifying residents' association or occupiers means— a to give the association or occupiers at least 28 clear days' notice in writing of the matters referred to in sub-paragraph (1)(f) which— i describes the matters and how they may affect the occupiers either directly or indirectly in the long and short term, and ii states when and where the association or occupiers can make representations about the matters, and b to take into account any representations made by the association or occupiers, in accordance with paragraph (a)(ii), before proceeding with the matters. 23 The document referred to in paragraph 17(4) and (9) must— a be in such form as the Welsh Ministers may by regulations prescribe, b specify any percentage increase or decrease in the consumer prices index calculated in accordance with paragraph 20, c explain the effect of paragraph 17, d specify the matters to which the amount proposed for the new pitch fee is attributable, e refer to the occupier's obligations in paragraph 21(1)(c) to (e) and the owner's obligations in paragraph 22(1)(c) and (d), and f refer to the owner's obligations in paragraph 22(1)(e) and (f) (as glossed by paragraph 22(2) and (3)). Owner's name and address 24 1 The owner must by notice inform the occupier and any qualifying residents' association of the address in England or Wales at which notices (including notices of proceedings) may be served on the owner by the occupier or a qualifying residents' association. 2 If the owner fails to comply with sub-paragraph (1), then (subject to sub-paragraph (5)) any amount otherwise due from the occupier to the owner in respect of the pitch fee is to be treated for all purposes as not being due from the occupier to the owner at any time before the owner complies with sub-paragraph (1). 3 Where in accordance with the agreement the owner gives any written notice to the occupier or a qualifying residents' association, the notice must contain the following information— a the name and address of the owner, and b if that address is not in England or Wales, an address in England or Wales at which notices (including notices of proceedings) may be served on the owner. 4 Subject to sub-paragraph (5), where— a the occupier or a qualifying residents' association receives such a notice, but b it does not contain the information required to be contained in it by virtue of sub-paragraph (3), the notice is to be treated as not having been given until such time as the owner gives the information to the occupier or qualifying residents' association in respect of the notice. 5 An amount or notice within sub-paragraph (2) or (4) is not to be treated as mentioned in relation to any time when, by virtue of an order of any court or tribunal, there is in force an appointment of a receiver or manager whose functions include receiving from the occupier the pitch fee, payments for services supplied or other charges. 6 Nothing in sub-paragraphs (3) to (5) applies to any notice containing a demand to which paragraph 25(1) applies. 25 1 Where the owner makes any demand for payment by the occupier of the pitch fee, or in respect of services supplied or other charges, the demand must contain— a the name and address of the owner, and b if that address is not in England or Wales, an address in England or Wales at which notices (including notices of proceedings) may be served on the owner. 2 Subject to sub-paragraph (3), where— a the occupier receives such a demand, but b it does not contain the information required to be contained in it by virtue of sub-paragraph (1), the amount demanded is to be treated for all purposes as not being due from the occupier to the owner at any time before the owner gives that information to the occupier in respect of the demand. 3 The amount demanded is not to be treated as not being due in relation to any time when, by virtue of an order of any court or tribunal, there is in force an appointment of a receiver or manager whose functions include receiving from the occupier the pitch fee, payments for services supplied or other charges. CHAPTER 3 AGREEMENTS RELATING TO TRANSIT PITCHES ON LOCAL AUTHORITY GYPSY AND TRAVELLER SITES Duration of agreement 26 Subject to paragraph 27 the right to station the mobile home on the transit pitch subsists until— a the fixed period set out in the agreement expires, or b termination of the agreement under paragraph 28 or 29, whichever is sooner. 27 1 If the owner's estate or interest is insufficient to enable the owner to grant the right for the fixed period set out in the agreement, the period for which the right subsists does not extend beyond the date when the owner's estate or interest determines. 2 If planning permission for the use of the protected site as a site for mobile homes has been granted in terms such that it will expire at the end of a specified period, the period for which the right subsists does not extend beyond the date when the planning permission expires. 3 If planning permission for the use of the protected site as a site for mobile homes has been granted in terms such that it requires the owner to limit the duration of stay for mobile homes on the site, the period for which the right subsists does not extend beyond that duration. Termination 28 The occupier is entitled to terminate the agreement before the expiry of the fixed period set out in the agreement by notice in writing given to the owner. 29 The owner is entitled to terminate the agreement before the expiry of the fixed period set out in the agreement— a without being required to show any reason, by giving written notice not less than 4 weeks before the date on which that notice is to take effect, or b immediately, where— i the occupier has breached a term of the agreement and, after service of a notice to remedy the breach, has not complied with the notice within a reasonable time, and ii the owner considers it reasonable for the agreement to be terminated. Recovery of overpayments by occupier 30 Where the agreement is terminated as mentioned in paragraph 28 or 29, the occupier is entitled to recover from the owner so much of any payment made by the occupier in pursuance of the agreement as is attributable to a period beginning after the termination. Quiet enjoyment of the mobile home 31 The occupier is entitled to quiet enjoyment of the mobile home together with the pitch during the continuance of the agreement, subject to paragraph 32. Owner's right of entry to the pitch 32 1 The owner may enter the pitch without prior notice between the hours of 9 am and 6 pm — a to deliver written communications, including post and notices, to the occupier, and b to read any meter for gas, electricity, water, sewerage or other services supplied by the owner. 2 The owner may enter the pitch to carry out essential repair or emergency works on giving as much notice to the occupier (whether in writing or otherwise) as is reasonably practicable in the circumstances. 3 In this paragraph “ essential repair or emergency works ” means— a repairs to the base on which the mobile home is stationed, b repairs to any outhouses and facilities provided by the owner on the pitch and to any gas, electricity, water, sewerage or other services or other amenities provided by the owner in such outhouses, c works or repairs needed to comply with any relevant legal requirements, or d works or repairs in connection with restoration following flood, landslide or other natural disaster. 4 Unless the occupier has agreed otherwise, the owner may enter the pitch for a reason other than one specified in sub-paragraph (3) or (2) only if the owner has given the occupier at least 14 clear days' written notice of the date, time and reason for the visit. 5 The rights conferred by this paragraph do not extend to the mobile home. Owner's name and address 33 1 The owner must by notice inform the occupier of the address in England or Wales at which notices (including notices of proceedings) may be served on the owner by the occupier. 2 If the owner fails to comply with sub-paragraph (1), then any amount otherwise due from the occupier to the owner in respect of the pitch fee is to be treated for all purposes as not being due from the occupier to the owner at any time before the owner complies with sub-paragraph (1). 3 Where in accordance with the agreement the owner gives any written notice to the occupier the notice must contain the name and address of the owner. 4 Where— a the occupier receives such a notice, but b it does not contain the information required to be contained in it by virtue of sub-paragraph (3), the notice is to be treated as not having been given until such time as the owner gives the information to the occupier in respect of the notice. 5 Nothing in sub-paragraphs (3) and (4) applies to any notice containing a demand to which paragraph 34(1) applies. 34 1 Where the owner makes any demand for payment by the occupier of the pitch fee, or in respect of services supplied or other charges, the demand must contain the name and address of the owner. 2 Where— a the occupier receives such a demand, but b it does not contain the information required to be contained in it by virtue of sub-paragraph (1), the amount demanded is to be treated for all purposes as not being due from the occupier to the owner at any time before the owner gives that information to the occupier in respect of the demand. CHAPTER 4 AGREEMENTS RELATING TO PERMANENT PITCHES ON LOCAL AUTHORITY GYPSY AND TRAVELLER SITES Duration of agreement 35 Subject to paragraph 36, the right to station the mobile home on land forming part of the protected site subsists until the agreement is determined under paragraph 37, 38, 39 or 40. 36 1 If the owner's estate or interest is insufficient to enable the owner to grant the right for an indefinite period, the period for which the right subsists does not extend beyond the date when the owner's estate or interest determines. 2 If planning permission for the use of the protected site as a site for mobile homes has been granted in terms such that it will expire at the end of a specified period, the period for which the right subsists does not extend beyond the date when the planning permission expires. 3 If before the end of a period determined by this paragraph there is a change in circumstances which allows a longer period, account is to be taken of that change. Termination 37 The occupier is entitled to terminate the agreement by notice in writing given to the owner not less than 4 weeks before the date on which it is to take effect. 38 The owner is entitled to terminate the agreement immediately if, on the application of the owner, the appropriate judicial body— a is satisfied that the occupier has breached a term of the agreement and, after service of a notice to remedy the breach, has not complied with the notice within a reasonable time, and b considers it reasonable for the agreement to be terminated. 39 The owner is entitled to terminate the agreement immediately if, on the application of the owner, the appropriate judicial body— a is satisfied that the occupier is not occupying the mobile home as the occupier's only or main residence, and b considers it reasonable for the agreement to be terminated. 40 1 The owner is entitled to terminate the agreement immediately if— a on the application of the owner, a tribunal has determined that, having regard to its condition, the mobile home is having a detrimental effect on the amenity of the site, and b then, on the application of the owner, the appropriate judicial body, having regard to the tribunal's determination and to any other circumstances, considers it reasonable for the agreement to be terminated. 2 Sub-paragraphs (3) and (4) apply if, on an application to the tribunal under sub-paragraph (1)(a)— a the tribunal considers that, having regard to the present condition of the mobile home, it is having a detrimental effect on the amenity of the site, but b it also considers that it would be reasonably practicable for particular repairs to be carried out on the mobile home that would result in the mobile home not having that detrimental effect, and c the occupier indicates to the tribunal that the occupier intends to carry out those repairs. 3 In such a case, the tribunal may make an interim order— a specifying the repairs that must be carried out and the time within which they must be carried out, and b adjourning the proceedings on the application for such period specified in the interim order as the tribunal considers reasonable to enable the repairs to be carried out. 4 If the tribunal makes an interim order under sub-paragraph (3), it must not make a determination under sub-paragraph (1)(a) unless it is satisfied that the specified period has expired without the repairs having been carried out. Assignment of agreement 41 1 The occupier (“A”) may assign the agreement— a to a person who is a member of A's family, or b to another person (“B”) if the conditions in sub-paragraph (2) are met. 2 The conditions are that— a A must have the approval of the owner, and b B must— i be an occupier of a permanent pitch on a relevant site, and ii have the approval of the owner to the assignment of B's agreement to A or to another occupier of a permanent pitch on a relevant site. 3 A relevant site for the purposes of sub-paragraph (2) is a local authority Gypsy and Traveller site in the area of the local authority in which the site on which the pitch to which A's agreement relates is located. 4 Neither the occupier nor the owner may require any payment to be made (whether to the occupier or owner or otherwise) in connection with the assignment of the agreement under this paragraph. 42 1 The occupier may serve on the owner a request to approve for the purposes of paragraph 41, an assignment to a person named in the request (“the proposed occupier”). 2 Where the request relates to an assignment under paragraph 41(1)(a) the request must include satisfactory evidence that the proposed occupier is a member of the occupier's family. 3 Where the owner receives a request under sub-paragraph (1), the owner must, within 28 days beginning with the date on which the request is received— a approve the assignment, unless it is reasonable for the owner not to do so, and b serve on the occupier notice of the owner's decision (“a decision notice”). 4 If a person (“P”) receives a request under sub-paragraph (1) and P— a while not being the owner, has an estate or interest in the land, and b believes that another person is the owner, and that other person has not received such a request, P owes a duty to the occupier (enforceable by a claim in tort for breach of statutory duty, as well as by action for breach of an implied term) to take such steps as are reasonable to secure that the other person receives the request within the period of 28 days beginning with the date on which P receives it. 5 If the approval is withheld, the decision notice must specify the reasons for withholding it. 6 Where a fee lawfully due from the occupier has not been paid or any term of the agreement has been broken or not performed, the approval required for the purpose of paragraph 41 may be given subject to a condition requiring the occupier to pay the outstanding fee, remedy the breach or perform the obligation. 7 Except as provided by sub-paragraph (6), the approval required for the purpose of paragraph 41 cannot be given subject to a condition and a condition imposed otherwise than as so provided is to be disregarded. 8 If the owner fails to serve the notice or withholds approval to the assignment the occupier may apply to the tribunal for an order declaring that the assignment is approved for the purposes of paragraph 41 and the tribunal may make such an order if it thinks fit. 9 If the question arises as to whether the notice required by sub-paragraph (3)(b) was served within the required period of 28 days, it is for an owner to show that the notice was so served. 10 If the owner did not approve the assignment and the question arises whether it was reasonable for the owner not to do so, it is for the owner to show that it was reasonable. 11 A request or notice under this paragraph— a must be in writing, and b may be served by post. 12 Subject to sub-paragraph (13), an application to the tribunal under sub-paragraph (8) by an occupier must be made— a within the period of 3 months beginning with the day after the date on which the occupier receives the decision notice, or b where the occupier receives no decision notice, within the period of 3 months beginning with the date which is 29 days after the date upon which the occupier served the request under sub-paragraph (1). 13 A tribunal may permit an application under sub-paragraph (8) to be made to the tribunal after the applicable period specified in sub-paragraph (12) if it is satisfied that, in all the circumstances, there are good reasons for the failure to apply before the end of that period and for any delay since then in applying for permission to make the application out of time. Recovery of overpayments by occupier 43 Where the agreement is terminated as mentioned in paragraph 37, 38, 39 or 40, the occupier is entitled to recover from the owner so much of any payment made by the occupier in pursuance of the agreement as is attributable to a period beginning after the termination. Re-siting of mobile home 44 1 The owner is entitled to require that the occupier's right to station the mobile home is exercisable for any period in relation to another pitch forming part of the protected site or a pitch forming part of another protected site (“the other pitch”) if— a on the application of the owner, a tribunal is satisfied that the other pitch is broadly comparable to the occupier's original pitch and that it is reasonable for the mobile home to be stationed on the other pitch for that period, or b the owner needs to carry out essential repair or emergency works that can only be carried out if the mobile home is moved to the other pitch for that period, and the other pitch is broadly comparable to the occupier's original pitch. 2 A pitch forming part of another protected site is, for the purposes of sub-paragraph (1)(a), broadly comparable to the occupier's original pitch only if it provides access to health and education services required by the occupier which is, as far as reasonably practicable, broadly comparable to the access provided by the occupier's original pitch. 3 If the owner requires the occupier to station the mobile home on the other pitch so that the owner can replace, or carry out repairs to, the base on which the mobile home is stationed, the owner must, if the occupier requires the owner to do so or a tribunal on the application of the occupier orders the owner to do so, secure that the mobile home is returned to the original pitch on the completion of the replacement or repairs. 4 The owner must pay all the costs and expenses incurred by the occupier in connection with the mobile home being moved to and from the other pitch. 5 In this paragraph and in paragraph 46 “ essential repair or emergency works ” means— a repairs to the base on which the mobile home is stationed, b repairs to any outhouses and facilities provided by the owner on the pitch and to any gas, electricity, water, sewerage or other services or other amenities provided by the owner in such outhouses, c works or repairs needed to comply with any relevant legal requirements, or d works or repairs in connection with restoration following flood, landslide or other natural disaster. Quiet enjoyment of the mobile home 45 The occupier is entitled to quiet enjoyment of the mobile home together with the pitch during the continuance of the agreement, subject to paragraphs 44 and 46. Owner's right of entry to the pitch 46 1 The owner may enter the pitch without prior notice between the hours of 9 am and 6 pm — a to deliver written communications, including post and notices, to the occupier, and b to read any meter for gas, electricity, water, sewerage or other services supplied by the owner. 2 The owner may enter the pitch to carry out essential repair or emergency works on giving as much notice to the occupier (whether in writing or otherwise) as is reasonably practicable in the circumstances. 3 Unless the occupier has agreed otherwise, the owner may enter the pitch for a reason other than one specified in sub-paragraph (1) or (2) only if the owner has given the occupier at least 14 clear days' written notice of the date, time and reason for the owner's visit. 4 The rights conferred by this paragraph do not extend to the mobile home. The pitch fee 47 1 The pitch fee can only be changed in accordance with this paragraph, either— a with the agreement of the occupier, or b if a tribunal, on the application of the owner or the occupier, considers it reasonable for the pitch fee to be changed and makes an order determining the amount of the new pitch fee. 2 The pitch fee must be reviewed annually as at the review date. 3 At least 28 clear days before the review date the owner must serve on the occupier a written notice setting out the owner's proposals in respect of the new pitch fee. 4 If the occupier agrees to the proposed new pitch fee, it is payable as from the review date. 5 If the occupier does not agree to the proposed new pitch fee— a the owner may apply to a tribunal for an order under sub-paragraph (1)(b) determining the amount of the new pitch fee, b the occupier must continue to pay the current pitch fee to the owner until such time as the new pitch fee is agreed by the occupier or an order determining the amount of the new pitch fee is made by a tribunal under sub-paragraph (1)(b), and c the new pitch fee is payable as from the review date but the occupier is not to be regarded as being in arrears until the 28th day after the date on which the new pitch fee is agreed or, as the case may be, the 28th day after the date of the order of the tribunal determining the amount of the new pitch fee. 6 An application under sub-paragraph (5)(a) may be made at any time after the end of the period of 28 days beginning with the review date but no later than 3 months after the review date. 7 Sub-paragraphs (8) to (12) apply if the owner— a has not served the notice required by sub-paragraph (3) by the time by which it was required to be served, but b at any time afterwards serves on the occupier a written notice setting out the owner's proposals in respect of a new pitch fee. 8 If (at any time) the occupier agrees to the proposed pitch fee, it is payable as from the 28th day after the date on which the owner serves the notice under sub-paragraph (7)(b). 9 If the occupier has not agreed to the proposed pitch fee— a the owner may apply to a tribunal for an order under sub-paragraph (1)(b) determining the amount of the new pitch fee, b the occupier must continue to pay the current pitch fee to the owner until such time as the new pitch fee is agreed by the occupier or an order determining the amount of the new pitch fee is made by a tribunal under sub-paragraph (1)(b), and c if a tribunal makes such an order, the new pitch fee is payable as from the 28th day after the date on which the owner serves the notice under sub-paragraph (7)(b). 10 An application under sub-paragraph (9) may be made at any time after the end of the period of 56 days beginning with the date on which the owner serves the notice under sub-paragraph (7)(b) but no later than 4 months after the date on which the owner serves that notice. 11 A tribunal may permit an application under sub-paragraph (5)(a) or (9)(a) to be made to it outside the time limit specified in sub-paragraph (6) (in the case of an application under sub-paragraph (5)(a)) or in sub-paragraph (10) (in the case of an application under sub-paragraph (9)(a)) if it is satisfied that, in all the circumstances, there are good reasons for the failure to apply within the applicable time limit and for any delay since then in applying for permission to make the application out of time. 12 The occupier is not to be treated as being in arrears— a where sub-paragraph (8) applies, until the 28th day after the date on which the new pitch fee is agreed, or b where sub-paragraph (9)(b) applies, until the 28th day after the date on which the new pitch fee is agreed or, as the case may be, the 28th day after the date of a tribunal order determining the amount of the new pitch fee. 48 1 When determining the amount of the new pitch fee particular regard is to be had to— a any sums expended by the owner since the last review date on improvements— i which are for the benefit of the occupiers of mobile homes on the protected site, ii which were the subject of consultation in accordance with paragraph 52(1)(f) and (g), and iii to which a majority of the occupiers have not disagreed in writing or which, in the case of such disagreement, a tribunal, on the application of the owner, has ordered should be taken into account when determining the amount of the new pitch fee, b any decrease in the amenity of the protected site since the last review date, and c the effect of any enactment which has come into force since the last review date. 2 When calculating what constitutes a majority of the occupiers for the purposes of sub-paragraph (1)(a)(iii) each mobile home is to be taken to have only 1 occupier and, in the event of there being more than 1 occupier of a mobile home, its occupier is to be taken to be whichever the occupiers agree or, in default of agreement, the occupier whose name first appears on the agreement. 3 In a case where the pitch fee has not been previously reviewed, references in this paragraph to the last review date are to be read as references to the date when the agreement commenced. 49 When determining the amount of the new pitch fee no regard may be had to— a any costs incurred by the owner in connection with expanding the protected site, or b any costs incurred by the owner in relation to the conduct of proceedings under this Part or the agreement. 50 1 Unless it would be unreasonable having regard to paragraph 48(1), there is a presumption that the pitch fee will increase or decrease by a percentage which is no more than any percentage increase or decrease in the consumer prices index calculated by reference only to— a the latest index, and b the index published for the month which was 12 months before that to which the latest index relates. 2 In sub-paragraph (1) “ the latest index ” means— a in the case where the owner serves a notice under paragraph 47(3), the latest index published before the day on which that notice is served, and b in the case where the owner serves a notice under paragraph 47(7)(b), the latest index published before the day by which the owner was required to serve a notice under paragraph 47(3). Occupier's obligations and owner's corresponding obligations 51 1 The occupier must— a pay the pitch fee to the owner, b pay to the owner all sums due under the agreement in respect of gas, electricity, water, sewerage or other services supplied by the owner, c keep the mobile home in a sound state of repair, d maintain— i the outside of the mobile home, and ii the pitch, including all fences and outbuildings belonging to, or enjoyed with, it and the mobile home, in a clean and tidy condition, and e if requested by the owner, provide the owner with documentary evidence of any costs or expenses in respect of which the occupier seeks reimbursement. 2 The owner must not do or cause to be done anything which may adversely affect the ability of the occupier to perform the occupier's obligations under sub-paragraph (1)(c) and (d). Owner's other obligations 52 1 The owner must— a if requested by the occupier, and on payment by the occupier of a charge of not more than £30, provide accurate written details of— i the size of the pitch and the base on which the mobile home is stationed, and ii the location of the pitch and the base within the protected site, and such details must include measurements between identifiable fixed points on the protected site and the pitch and the base, b if requested by the occupier, provide (free of charge) documentary evidence in support and explanation of— i any new pitch fee, ii any charges for gas, electricity, water, sewerage or other services payable by the occupier to the owner under the agreement, and iii any other charges, costs or expenses payable by the occupier to the owner under the agreement, c be responsible for repairing the base on which the mobile home is stationed and for maintaining any gas, electricity, water, sewerage or other services supplied by the owner to the pitch or to the mobile home, d be responsible for repairing other amenities provided by the owner on the pitch including any outhouses and facilities provided, e maintain in a clean and tidy condition those parts of the protected site, including access ways, site boundary fences and trees, which are not the responsibility of any occupier of a mobile home stationed on the protected site, f consult the occupier about improvements to the protected site in general, and in particular about those which the owner wishes to be taken into account when determining the amount of any new pitch fee, and g consult a qualifying residents' association (if there is one) about all matters which relate to the operation and management of, or improvements to, the protected site and may affect the occupiers either directly or indirectly. 2 For the purposes of sub-paragraph (1)(f), to “consult” the occupier means— a to give the occupier at least 28 clear days' notice in writing of the proposed improvements which— i describes the proposed improvements and how they will benefit the occupier in the long and short term, ii details how the pitch fee may be affected when it is next reviewed, and iii states when and where the occupier can make representations about the proposed improvements, and b to take into account any representations made by the occupier about the proposed improvements, in accordance with paragraph (a)(iii), before undertaking them. 3 For the purposes of sub-paragraph (1)(g), to “consult” a qualifying residents' association means— a to give the association at least 28 clear days' notice in writing of the matters referred to in sub-paragraph (1)(g) which— i describes the matters and how they may affect the occupiers either directly or indirectly in the long and short term, and ii states when and where the association can make representations about the matters, and b to take into account any representations made by the association, in accordance with paragraph (a)(ii), before proceeding with the matters. Owner's name and address 53 1 The owner must by notice inform the occupier and any qualifying residents' association of the address in England or Wales at which notices (including notices of proceedings) may be served on the owner by the occupier or a qualifying residents' association. 2 If the owner fails to comply with sub-paragraph (1), then any amount otherwise due from the occupier to the owner in respect of the pitch fee is to be treated for all purposes as not being due from the occupier to the owner at any time before the owner does comply with that sub-paragraph. 3 Where in accordance with the agreement the owner gives any written notice to the occupier or (as the case may be) a qualifying residents' association, the notice must contain the name and address of the owner. 4 Where— a the occupier or a qualifying residents' association receives such a notice, but b it does not contain the information required to be contained in it by virtue of sub-paragraph (3), the notice is to be treated as not having been given until such time as the owner gives the information to the occupier or (as the case may be) the association in respect of the notice. 5 Nothing in sub-paragraphs (3) and (4) applies to any notice containing a demand to which paragraph 54(1) applies. 54 1 Where the owner makes any demand for payment by the occupier of the pitch fee, or in respect of services supplied or other charges, the demand must contain the name and address of the owner. 2 Where— a the occupier receives such a demand, but b it does not contain the information required to be contained in it by virtue of sub-paragraph (1), the amount demanded is to be treated for all purposes as not being due from the occupier to the owner at any time before the owner gives that information to the occupier in respect of the demand. PART 2 MATTERS CONCERNING WHICH TERMS MAY BE IMPLIED BY THE APPROPRIATE JUDICIAL BODY 55 The sums payable by the occupier in pursuance of the agreement and the times at which they are to be paid. 56 The review at yearly intervals of the sums payable by the occupier in pursuance of the agreement. 57 The provision or improvement of services available on the protected site, and the use by the occupier of such services. 58 The preservation of the amenity of the protected site. SCHEDULE 3 FURTHER PROVISIONS ABOUT ORDERS RELATING TO COMMONS (introduced by section 57) Duty to consult conservators 1 Before making an order under section 57(2) with respect to land which is or forms part of a common of which conservators have been appointed under any local Act, or under any order made under an Act of Parliament, the local authority must consult the conservators. Procedure for making orders imposing prohibitions 2 Before making any order under section 57(2), other than an order the sole effect of which is to revoke or vary a previous order, the local authority must publish in 1 or more local newspapers circulating in the locality in which the land is situated a notice— a stating the general effect of the order, b specifying a place in that locality where a copy of the draft order may be inspected by any person free of charge at all reasonable hours during a period of 28 days from the date of the first publication of the notice, and c stating that, within that period, any person may by notice to the local authority object to the making of the order. 3 1 Not later than the date on which notice under paragraph 2 is first published, the local authority must serve a copy of it on every person entitled as lord of the manor or otherwise to the soil of the land unless the local authority is satisfied that the persons entitled to the soil of the land are numerous or cannot after diligent inquiry be ascertained. 2 A notice under sub-paragraph (1) may be served on any person by sending it in a registered letter addressed to the person at the person's usual or last known address. 4 1 If, before the end of the period of 28 days beginning with the date of the first publication of a notice under paragraph 2, an objection to the making of the order to which the notice relates is duly made to the local authority by any person entitled to the soil of the land, and the notice is not subsequently withdrawn, the local authority must not proceed with the making of the order. 2 Subject to that, the local authority may, at any time within 1 year after the end of that period, make an order in the terms of the draft order. 3 But if any objection to the making of the order was duly made within that period by a person who was not entitled to the soil of the land, and the objection has not been withdrawn at the date on which the order is made, the order does not take effect until it is confirmed by the Welsh Ministers. 4 Where the local authority submits an order to the Welsh Ministers for confirmation, it must send to the Welsh Ministers a copy of every such objection as is referred to in the sub-paragraph (3). 5 The Welsh Ministers, after considering every such objection and (if they think fit) causing a local inquiry to be held, may confirm or refuse to confirm the order and, if they confirm it, may do so subject to such modifications (if any) as they think desirable. Notice to lord of manor of other orders 5 Where the sole effect of an order under section 57(2) is to revoke or vary a previous order (so that paragraphs 2 to 4 do not apply with respect to the making of the order) the local authority must serve such notices, and take such other steps, as appear to it to be appropriate for informing the persons entitled to the soil of the land of the effect of the order. Crown land 6 1 Where it is proposed to make an order of the kind described in paragraph 2 with respect to land in which there is a Crown or Duchy interest, and the nature of that interest is such that, but for this paragraph, the person to whom the interest belongs would be entitled under paragraph 3 to a copy of the notice referred to in that paragraph— a paragraph 3 has effect as if it required the copy to be served instead on the appropriate authority, and b paragraph 4(1) does not apply in relation to the order but the local authority must not make the order unless and until it has obtained the consent in writing of the appropriate authority. 2 In this paragraph “ Crown or Duchy interest ” means an interest belonging to Her Majesty in right of the Crown or of the Duchy of Lancaster, or belonging to the Duchy of Cornwall, or belonging to a government department, or held in trust for Her Majesty for the purposes of a government department. 3 In this paragraph “the appropriate authority”— a in relation to land belonging to Her Majesty in right of the Crown and forming part of the Crown Estate, means the Crown Estate Commissioners, and, in relation to any other land belonging to Her Majesty in right of the Crown, means the government department having the management of that land, b in relation to land belonging to Her Majesty in right of the Duchy of Lancaster, means the Chancellor of the Duchy, c in relation to land belonging to the Duchy of Cornwall, means such person as the Duke of Cornwall, or the possessor for the time being of the Duchy of Cornwall, appoints, and d in relation to land belonging to a government department or held in trust for Her Majesty for the purposes of a government department, means that department. 4 If any question arises as to what authority is the appropriate authority in relation to any land, that question is to be referred to the Treasury, whose decision is final. SCHEDULE 4 CONSEQUENTIAL AMENDMENTS (introduced by section 58) Caravan Sites and Control of Development Act 1960 (c. 62) 1 1 The Caravan Sites and Control of Development Act 1960 is amended as follows. 2 In section 1, after subsection (1) insert— 1A Subsection (1) does not apply in relation to a regulated site within the meaning of the Mobile Homes (Wales) Act 2013. 3 In section 23— a in subsection (1), after “any land” insert “ in England ” , and b omit subsection (9). 4 In section 24— a in subsection (1), after “local authority” insert “ in England ” , and b in subsection (8), omit “in England”. Caravan Sites Act 1968 (c. 52) 2 1 The Caravan Sites Act 1968 is amended as follows. 2 In section 1(2), after “any land” insert “ in England ” . 3 In section 3— a in subsections (1)(c) and (1A)(b), omit “or, if the site concerned is in Wales, persistently withdraws or withholds”, b in subsection (1AA), omit “in England”. 4 In section 13(3), for “Minister” substitute “ Secretary of State ” . 5 In section 16, omit the definition of “the Minister”. Rating (Caravan Sites) Act 1976 (c. 15) 3 In section 6 of the Rating (Caravan Sites) Act 1976— a in paragraph (b)— i for “that Act” substitute “ the Caravan Sites and Control of Development Act 1960 or Part 2 of the Mobile Homes (Wales) Act 2013 ” , and ii for “the Act” substitute “ the Caravan Sites and Control of Development Act 1960 or paragraph 4 and paragraph 11 of Schedule 1 to the Mobile Homes (Wales) Act 2013 ” , and b in paragraph (d)— i for “that Act” substitute “ the Caravan Sites and Control of Development Act 1960 ” , and ii insert at the end “ or is for purposes of the Mobile Homes (Wales) Act 2013 the owner of the caravan site ” . Mobile Homes Act 1983 (c. 34) 4 1 The Mobile Homes Act 1983 is amended as follows. 2 In section 1— a in subsection (2)(e), for “appropriate national authority” substitute “ Secretary of State ” , b in subsection (8A), omit “in England and Wales”, and c in subsection (9)(b), omit “if made by the Secretary of State,”. 3 In section 2(6), omit “in England and Wales”. 4 In section 2A— a in subsection (1), for— i “appropriate national authority” and ii “authority” (in the second place), substitute “Secretary of State”, b in subsection (5)— i omit “by the appropriate national authority”, and ii for “the authority” and for “it” (in both places) substitute “ the Secretary of State ” , and c in subsection (6), omit “by the Secretary of State”. 5 In section 2C(1), for “in England (other than a gypsy and traveller site)” substitute “ , other than a gypsy and traveller site, ” . 6 In section 3(4)— a in paragraph (b), omit “in relation to a protected site in England; or”, and b omit paragraph (c). 7 In section 4— a in the heading omit “: England and Wales”, and b in subsections (1) and (3), omit “in England or in Wales”. 8 In section 5— a omit the definition of “the appropriate national authority”, and b in the definition of “the court”, omit “and Wales”. 9 In Part 1 of Schedule 1— a in Chapter 1, in paragraph 1(1), (2) and (3), omit “in England and Wales”, b in the heading of Chapter 2 omit “IN ENGLAND AND WALES”, c in Chapter 2, in paragraph 7A, omit sub-paragraph (1), d in Chapter 2, omit paragraph 8, e in Chapter 2, in paragraph 8A, omit sub-paragraph (1), f in Chapter 2, omit paragraph 9, g in Chapter 2, in paragraph 17— i in sub-paragraph (2A), for “In the case of a protected site in England, a” substitute “ A ” , ii in sub-paragraph (4)(a), omit “or (in the case of a protected site in England)”, iii in sub-paragraph (6A), for “In the case of a protected site in England, a” substitute “ A ” , iv in sub-paragraph (8)(a), omit “(in the case of a protected site in England)”, and v in sub-paragraph (11), omit “in England”, h in Chapter 2, in paragraph 18— i in paragraphs (aa) and (ab) of sub-paragraph (1), omit “in the case of a protected site in England,”, ii omit paragraph (b) of that sub-paragraph, iii in sub-paragraph (ba) of that sub-paragraph, omit “in the case of a protected site in England,”, iv omit paragraph (c) of that sub-paragraph, v in sub-paragraph (1A), omit “, in the case of a pitch in England,”, i in Chapter 2, in paragraph 19(3) and (4), for “In the case of a protected site in England, when” substitute “ When ” , j in Chapter 2, in paragraph 20— i in sub-paragraph (A1), for “In the case of a protected site in England, unless” substitute “ Unless ” , and ii omit sub-paragraphs (1) and (2), k in the headings of Chapters 3 and 4, omit “IN ENGLAND AND WALES”, l in Chapter 4, omit paragraphs 6A and 6B, m in Chapter 4, in paragraph 8, omit sub-paragraph (1A), n in Chapter 4, in paragraph 16— i in sub-paragraph (2), for “In the case of a protected site in England, when” substitute “ When ” , and ii omit sub-paragraph (2A), o in Chapter 4, in paragraph 18— i in sub-paragraph (2), for “In the case of a protected site in England, there” substitute “ There ” , and ii omit sub-paragraphs (1A) and (1B), p in Chapter 4, in paragraph 26— i in sub-paragraph (2), for “In the case of a protected site in England, when” substitute “ When ” , and ii omit sub-paragraph (2A), and q in Chapter 4, paragraph 27, omit the definition of “consumer prices index”. 10 Omit Part 3 of Schedule 1. Local Government Finance Act 1988 (c. 41) 5 In paragraph 2B(5) of Schedule 6 to the Local Government Finance Act 1988, in the definition of “caravan site”— a for “that Act” substitute “ the Caravan Sites and Control of Development Act 1960 or Part 2 of the Mobile Homes (Wales) Act 2013 ” , and b for “the Act” substitute “ the Caravan Sites and Control of Development Act 1960 or paragraph 4 and paragraph 11 of Schedule 1 to the Mobile Homes (Wales) Act 2013 ” . Town and Country Planning Act 1990 (c. 8) 6 1 The Town and Country Planning Act 1990 is amended as follows. 2 In section 71(4), after “caravan site” insert “ or under Part 2 of the Mobile Homes (Wales) Act 2013 authorising the use of the land as a site for mobile homes (within the meaning of that Act) ” . 3 In section 191(7)(a), after “1960” insert “ or section 7(1) of the Mobile Homes (Wales) Act 2013; ” . Local Government (Wales) Act 1994 (c. 19) 7 In Schedule 16 to the Local Government (Wales) Act 1994, omit paragraph 16(1) and (2). Environment Act 1995 (c.25) 8 1 Schedule 9 to the Environment Act 1995 is amended as follows. 2 In paragraph 1(2)(c), after “commons)” insert “ or section 57 of and Schedule 3 to the Mobile Homes (Wales) Act 2013 (power of local authority in Wales to prohibit caravans on commons) ” . 3 After paragraph 4 insert— 4A In the Mobile Homes (Wales) Act 2013— a section 56 (power of local authority to provide mobile home sites), and b paragraph 11 of Schedule 1 (no site licence required by land owned by local authority), shall have effect as if a National Park Authority were a local authority for the purposes of that Act and as if the relevant Park were that Authority's area. Housing Act 2004 (c. 34) 9 1 The Housing Act 2004 is amended as follows. 2 In section 230— a in subsection (5ZA), after “the Caravan Sites and Control of Development Act 1960” insert “ or Part 2 of the Mobile Homes (Wales) Act 2013 ” , b in subsection (5A), after “1983” insert “ or Part 4 of the Mobile Homes (Wales) Act 2013 ” , and c in subsection (5B)— i in the definition of “mobile home” and “protected site”, after “Act)” insert “ or the Mobile Homes (Wales) Act 2013 (see sections 2 and 60 of that Act) ” , ii in the definition of “pitch”, for “that Act” substitute “ the Mobile Homes Act 1983 or section 55 of the Mobile Homes (Wales) Act 2013 ” , and iii in the definition of “pitch fee”, for “that Act, as the case may be” substitute “ the Mobile Homes Act 1983 (as the case may be) or section 60 of the Mobile Homes (Wales) Act 2013 ” . 3 In Schedule 13— a in paragraph 3(6), for “or the Mobile Homes Act 1983” substitute “ , the Mobile Homes Act 1983 or the Mobile Homes (Wales) Act 2013 ” , and b in paragraph 8(2), for “or of the Mobile Homes Act 1983” substitute “ , any provision of the Mobile Homes Act 1983 or any provision of the Mobile Homes (Wales) Act 2013 ” . Regulatory Enforcement and Sanctions Act 2008 (c. 13) 10 In Schedule 3 to the Regulatory Enforcement and Sanctions Act 2008, after the entry relating to the Mines and Quarries (Tips) Act 1969 insert— “ Mobile Homes (Wales) Act 2013 ” . Equality Act 2010 (c. 15) 11 In paragraph 30D(5) of Schedule 3 to the Equality Act 2010— a in the definition of “mobile home agreement”, after “1983” insert “ or Part 4 of the Mobile Homes (Wales) Act 2013 ” , and b in the definition of “owner”, “protected site” and “mobile home”, after “Act” insert “ or that Part of that Act ” . SCHEDULE 5 TRANSITIONAL AND TRANSITORY PROVISIONS AND SAVINGS (introduced by section 58) Pending applications for site licences 1 An application for a site licence under the Caravan Sites and Control of Development Act 1960 in respect of a regulated site which has been made to, but not determined by, a local authority before Part 2 comes into force is to treated after the coming into force of that Part as an application to the local authority for a site licence under that Part in respect of the regulated site. Temporary continuation of existing site licences 2 1 The coming into force of Part 2 and paragraph 1(2) of Schedule 4 does not affect the continuing operation of the provisions of the Caravan Sites and Control of Development Act 1960 in relation to site licences continued in force under this paragraph. 2 A site licence under the Caravan Sites and Control of Development Act 1960 which is in force on the coming into force of Part 2 in respect of a regulated site continues in force until the end of the initial period unless— a it is revoked during the initial period, or b an application for a site licence in respect of the regulated site under Part 2 has been made during the initial period. 3 If the site licence under the Caravan Sites and Control of Development Act 1960 is revoked during the initial period it continues in force until its revocation. 4 If an application for a site licence in respect of the regulated site under Part 2 is made during the initial period, the site licence under the Caravan Sites and Control of Development Act 1960 continues in force until it is determined (whether during or after the end of the initial period). 5 In this paragraph and paragraph 3, “ the initial period ” means the period of 6 months beginning with the day on which Part 2 comes into force. Time for determining site licence 3 Where an application for a site licence in respect of a regulated site is made under Part 2 before the end of the initial period and at a time when a site licence under the Caravan Sites and Control of Development Act 1960 is in force in respect of the regulated site, section 7(2) has effect in relation to the application as if for “2 months” there were substituted “ 6 months ” . Continuation of existing model standards 4 Any model standards made by the Welsh Ministers under section 5(6) of the Caravan Sites and Control of Development Act 1960 which are in force immediately before the coming into force of Part 2 have effect after that time (until they are replaced) as if made under section 10. Pre-commencement revocations 5 The reference in section 7(5) to the revocation of a site licence under section 18 or 28 includes a revocation of a site licence under the Caravan Sites and Control of Development Act 1960 under section 9 of that Act. Pre-commencement offences to count for certain purposes 6 The reference in subsection (4)(b) of section 18 to the offence under subsection (1) of that section includes an offence under section 9 of the Caravan Sites and Control of Development Act 1960 in relation to a site licence under that Act in relation to the same land. Prosecution of pre-commencement offences 7 Nothing in any provision of this Act affects the operation of any enactment in relation to offences committed before that provision comes into force. Old transitionals and savings 8 Any transitional provision or saving relating to the coming into force of any provision reenacted in this Act which is capable of having effect in relation to the provision as so reenacted has the same effect in relation to the provision as so re-enacted as it had in relation to the provision that it re-enacts. Temporary reduction of maximum penalty for either way offence tried summarily 9 In the case of an offence committed before 2 May 2022 , section 43(3)(a) has effect as if for " the general limit in a magistrates’ court " there were substituted “ 6 months ” . S. 56 modified by 1995 c. 25, Sch. 9 para. 4A(a) (as inserted (5.11.2013) by Mobile Homes (Wales) Act 2013 (anaw 6) , s. 64(1) , Sch. 4 para. 8(3) (with Sch. 5 para. 7 ) (this amendment is to be treated as not having effect until 1.10.2014 by virtue of S.I. 2014/11 , art. 3(2) )) Sch. 1 para. 11 modified by 1995 c. 25, Sch. 9 para. 4A(b) (as inserted (5.11.2013) by Mobile Homes (Wales) Act 2013 (anaw 6) , s. 64(1) , Sch. 4 para. 8(3) (with Sch. 5 para. 7 ) (this amendment is to be treated as not having effect until 1.10.2014 by virtue of S.I. 2014/11 , art. 3(2) )) Sch. 4 having effect as specified (6.1.2014) by The Mobile Homes (Wales) Act 2013 (Commencement, Transitional and Saving Provisions) Order 2014 (No. 11) , art. 3(2) S. 52 in force for specified purposes at 7.1.2014 by S.I. 2014/11 , art. 2(a) Sch. 2 para. 9 in force for specified purposes at 7.1.2014 by S.I. 2014/11 , art. 2(b) Sch. 2 para. 10 in force for specified purposes at 7.1.2014 by S.I. 2014/11 , art. 2(b) Sch. 2 para. 11 in force for specified purposes at 7.1.2014 by S.I. 2014/11 , art. 2(b) Sch. 2 para. 12 in force for specified purposes at 7.1.2014 by S.I. 2014/11 , art. 2(b) Sch. 2 para. 13 in force for specified purposes at 7.1.2014 by S.I. 2014/11 , art. 2(b) Sch. 2 para. 23 in force for specified purposes at 7.1.2014 by S.I. 2014/11 , art. 2(b) S. 45 in force at 1.10.2014 by S.I. 2014/11 , art. 3(1)(c) (with art. 4 ) S. 56 in force at 1.10.2014 by S.I. 2014/11 , art. 3(1)(e) (with art. 4 ) S. 52 in force in so far as not already in force at 1.10.2014 by S.I. 2014/11 , art. 3(1)(d) (with art. 4 ) S. 1 in force at 1.10.2014 by S.I. 2014/11 , art. 3(1)(a) (with art. 4 ) S. 2 in force at 1.10.2014 by S.I. 2014/11 , art. 3(1)(a) (with art. 4 ) S. 3 in force at 1.10.2014 by S.I. 2014/11 , art. 3(1)(a) (with art. 4 ) S. 4 in force at 1.10.2014 by S.I. 2014/11 , art. 3(1)(b) (with art. 4 ) S. 5 in force at 1.10.2014 by S.I. 2014/11 , art. 3(1)(b) (with art. 4 ) S. 6 in force at 1.10.2014 by S.I. 2014/11 , art. 3(1)(b) (with art. 4 ) S. 7 in force at 1.10.2014 by S.I. 2014/11 , art. 3(1)(b) (with art. 4 ) S. 8 in force at 1.10.2014 by S.I. 2014/11 , art. 3(1)(b) (with art. 4 ) S. 9 in force at 1.10.2014 by S.I. 2014/11 , art. 3(1)(b) (with art. 4 ) S. 10 in force at 1.10.2014 by S.I. 2014/11 , art. 3(1)(b) (with art. 4 ) S. 11 in force at 1.10.2014 by S.I. 2014/11 , art. 3(1)(b) (with art. 4 ) S. 12 in force at 1.10.2014 by S.I. 2014/11 , art. 3(1)(b) (with art. 4 ) S. 13 in force at 1.10.2014 by S.I. 2014/11 , art. 3(1)(b) (with art. 4 ) S. 14 in force at 1.10.2014 by S.I. 2014/11 , art. 3(1)(b) (with art. 4 ) S. 15 in force at 1.10.2014 by S.I. 2014/11 , art. 3(1)(b) (with art. 4 ) S. 16 in force at 1.10.2014 by S.I. 2014/11 , art. 3(1)(b) (with art. 4 ) S. 17 in force at 1.10.2014 by S.I. 2014/11 , art. 3(1)(b) (with art. 4 ) S. 18 in force at 1.10.2014 by S.I. 2014/11 , art. 3(1)(b) (with art. 4 ) S. 19 in force at 1.10.2014 by S.I. 2014/11 , art. 3(1)(b) (with art. 4 ) S. 20 in force at 1.10.2014 by S.I. 2014/11 , art. 3(1)(b) (with art. 4 ) S. 21 in force at 1.10.2014 by S.I. 2014/11 , art. 3(1)(b) (with art. 4 ) S. 22 in force at 1.10.2014 by S.I. 2014/11 , art. 3(1)(b) (with art. 4 ) S. 23 in force at 1.10.2014 by S.I. 2014/11 , art. 3(1)(b) (with art. 4 ) S. 24 in force at 1.10.2014 by S.I. 2014/11 , art. 3(1)(b) (with art. 4 ) S. 25 in force at 1.10.2014 by S.I. 2014/11 , art. 3(1)(b) (with art. 4 ) S. 26 in force at 1.10.2014 by S.I. 2014/11 , art. 3(1)(b) (with art. 4 ) S. 27 in force at 1.10.2014 by S.I. 2014/11 , art. 3(1)(b) (with art. 4 ) S. 28 in force at 1.10.2014 by S.I. 2014/11 , art. 3(1)(b) (with art. 4 ) S. 29 in force at 1.10.2014 by S.I. 2014/11 , art. 3(1)(b) (with art. 4 ) S. 30 in force at 1.10.2014 by S.I. 2014/11 , art. 3(1)(b) (with art. 4 ) S. 31 in force at 1.10.2014 by S.I. 2014/11 , art. 3(1)(b) (with art. 4 ) S. 32 in force at 1.10.2014 by S.I. 2014/11 , art. 3(1)(b) (with art. 4 ) S. 33 in force at 1.10.2014 by S.I. 2014/11 , art. 3(1)(b) (with art. 4 ) S. 34 in force at 1.10.2014 by S.I. 2014/11 , art. 3(1)(b) (with art. 4 ) S. 35 in force at 1.10.2014 by S.I. 2014/11 , art. 3(1)(b) (with art. 4 ) S. 36 in force at 1.10.2014 by S.I. 2014/11 , art. 3(1)(b) (with art. 4 ) S. 37 in force at 1.10.2014 by S.I. 2014/11 , art. 3(1)(b) (with art. 4 ) S. 38 in force at 1.10.2014 by S.I. 2014/11 , art. 3(1)(b) (with art. 4 ) S. 39 in force at 1.10.2014 by S.I. 2014/11 , art. 3(1)(b) (with art. 4 ) S. 40 in force at 1.10.2014 by S.I. 2014/11 , art. 3(1)(c) (with art. 4 ) S. 41 in force at 1.10.2014 by S.I. 2014/11 , art. 3(1)(c) (with art. 4 ) S. 42 in force at 1.10.2014 by S.I. 2014/11 , art. 3(1)(c) (with art. 4 ) S. 43 in force at 1.10.2014 by S.I. 2014/11 , art. 3(1)(c) (with art. 4 ) S. 44 in force at 1.10.2014 by S.I. 2014/11 , art. 3(1)(c) (with art. 4 ) S. 46 in force at 1.10.2014 by S.I. 2014/11 , art. 3(1)(c) (with art. 4 ) S. 47 in force at 1.10.2014 by S.I. 2014/11 , art. 3(1)(c) (with art. 4 ) S. 48 in force at 1.10.2014 by S.I. 2014/11 , art. 3(1)(d) (with art. 4 ) S. 49 in force at 1.10.2014 by S.I. 2014/11 , art. 3(1)(d) (with art. 4 ) S. 50 in force at 1.10.2014 by S.I. 2014/11 , art. 3(1)(d) (with art. 4 ) S. 51 in force at 1.10.2014 by S.I. 2014/11 , art. 3(1)(d) (with art. 4 ) S. 53 in force at 1.10.2014 by S.I. 2014/11 , art. 3(1)(d) (with art. 4 ) S. 54 in force at 1.10.2014 by S.I. 2014/11 , art. 3(1)(d) (with art. 4 ) S. 55 in force at 1.10.2014 by S.I. 2014/11 , art. 3(1)(d) (with art. 4 ) S. 57 in force at 1.10.2014 by S.I. 2014/11 , art. 3(1)(e) (with art. 4 ) Sch. 1 para. 11 in force at 1.10.2014 by S.I. 2014/11 , art. 3(1)(a) (with art. 4 ) Sch. 2 para. 9 in force in so far as not already in force at 1.10.2014 by S.I. 2014/11 , art. 3(1)(d) (with art. 4 ) Sch. 2 para. 10 in force in so far as not already in force at 1.10.2014 by S.I. 2014/11 , art. 3(1)(d) (with art. 4 ) Sch. 2 para. 11 in force in so far as not already in force at 1.10.2014 by S.I. 2014/11 , art. 3(1)(d) (with art. 4 ) Sch. 2 para. 12 in force in so far as not already in force at 1.10.2014 by S.I. 2014/11 , art. 3(1)(d) (with art. 4 ) Sch. 2 para. 13 in force in so far as not already in force at 1.10.2014 by S.I. 2014/11 , art. 3(1)(d) (with art. 4 ) Sch. 2 para. 23 in force in so far as not already in force at 1.10.2014 by S.I. 2014/11 , art. 3(1)(d) (with art. 4 ) Sch. 1 para. 1 in force at 1.10.2014 by S.I. 2014/11 , art. 3(1)(a) (with art. 4 ) Sch. 1 para. 2 in force at 1.10.2014 by S.I. 2014/11 , art. 3(1)(a) (with art. 4 ) Sch. 1 para. 3 in force at 1.10.2014 by S.I. 2014/11 , art. 3(1)(a) (with art. 4 ) Sch. 1 para. 4 in force at 1.10.2014 by S.I. 2014/11 , art. 3(1)(a) (with art. 4 ) Sch. 1 para. 5 in force at 1.10.2014 by S.I. 2014/11 , art. 3(1)(a) (with art. 4 ) Sch. 1 para. 6 in force at 1.10.2014 by S.I. 2014/11 , art. 3(1)(a) (with art. 4 ) Sch. 1 para. 7 in force at 1.10.2014 by S.I. 2014/11 , art. 3(1)(a) (with art. 4 ) Sch. 1 para. 8 in force at 1.10.2014 by S.I. 2014/11 , art. 3(1)(a) (with art. 4 ) Sch. 1 para. 9 in force at 1.10.2014 by S.I. 2014/11 , art. 3(1)(a) (with art. 4 ) Sch. 1 para. 10 in force at 1.10.2014 by S.I. 2014/11 , art. 3(1)(a) (with art. 4 ) Sch. 1 para. 12 in force at 1.10.2014 by S.I. 2014/11 , art. 3(1)(a) (with art. 4 ) Sch. 1 para. 13 in force at 1.10.2014 by S.I. 2014/11 , art. 3(1)(a) (with art. 4 ) Sch. 1 para. 14 in force at 1.10.2014 by S.I. 2014/11 , art. 3(1)(a) (with art. 4 ) Sch. 2 para. 1 in force at 1.10.2014 by S.I. 2014/11 , art. 3(1)(d) (with art. 4 ) Sch. 2 para. 2 in force at 1.10.2014 by S.I. 2014/11 , art. 3(1)(d) (with art. 4 ) Sch. 2 para. 3 in force at 1.10.2014 by S.I. 2014/11 , art. 3(1)(d) (with art. 4 ) Sch. 2 para. 4 in force at 1.10.2014 by S.I. 2014/11 , art. 3(1)(d) (with art. 4 ) Sch. 2 para. 5 in force at 1.10.2014 by S.I. 2014/11 , art. 3(1)(d) (with art. 4 ) Sch. 2 para. 6 in force at 1.10.2014 by S.I. 2014/11 , art. 3(1)(d) (with art. 4 ) Sch. 2 para. 7 in force at 1.10.2014 by S.I. 2014/11 , art. 3(1)(d) (with art. 4 ) Sch. 2 para. 8 in force at 1.10.2014 by S.I. 2014/11 , art. 3(1)(d) (with art. 4 ) Sch. 2 para. 14 in force at 1.10.2014 by S.I. 2014/11 , art. 3(1)(d) (with art. 4 ) Sch. 2 para. 15 in force at 1.10.2014 by S.I. 2014/11 , art. 3(1)(d) (with art. 4 ) Sch. 2 para. 16 in force at 1.10.2014 by S.I. 2014/11 , art. 3(1)(d) (with art. 4 ) Sch. 2 para. 17 in force at 1.10.2014 by S.I. 2014/11 , art. 3(1)(d) (with art. 4 ) Sch. 2 para. 18 in force at 1.10.2014 by S.I. 2014/11 , art. 3(1)(d) (with art. 4 ) Sch. 2 para. 19 in force at 1.10.2014 by S.I. 2014/11 , art. 3(1)(d) (with art. 4 ) Sch. 2 para. 20 in force at 1.10.2014 by S.I. 2014/11 , art. 3(1)(d) (with art. 4 ) Sch. 2 para. 21 in force at 1.10.2014 by S.I. 2014/11 , art. 3(1)(d) (with art. 4 ) Sch. 2 para. 22 in force at 1.10.2014 by S.I. 2014/11 , art. 3(1)(d) (with art. 4 ) Sch. 2 para. 24 in force at 1.10.2014 by S.I. 2014/11 , art. 3(1)(d) (with art. 4 ) Sch. 2 para. 25 in force at 1.10.2014 by S.I. 2014/11 , art. 3(1)(d) (with art. 4 ) Sch. 2 para. 26 in force at 1.10.2014 by S.I. 2014/11 , art. 3(1)(d) (with art. 4 ) Sch. 2 para. 27 in force at 1.10.2014 by S.I. 2014/11 , art. 3(1)(d) (with art. 4 ) Sch. 2 para. 28 in force at 1.10.2014 by S.I. 2014/11 , art. 3(1)(d) (with art. 4 ) Sch. 2 para. 29 in force at 1.10.2014 by S.I. 2014/11 , art. 3(1)(d) (with art. 4 ) Sch. 2 para. 30 in force at 1.10.2014 by S.I. 2014/11 , art. 3(1)(d) (with art. 4 ) Sch. 2 para. 31 in force at 1.10.2014 by S.I. 2014/11 , art. 3(1)(d) (with art. 4 ) Sch. 2 para. 32 in force at 1.10.2014 by S.I. 2014/11 , art. 3(1)(d) (with art. 4 ) Sch. 2 para. 33 in force at 1.10.2014 by S.I. 2014/11 , art. 3(1)(d) (with art. 4 ) Sch. 2 para. 34 in force at 1.10.2014 by S.I. 2014/11 , art. 3(1)(d) (with art. 4 ) Sch. 2 para. 35 in force at 1.10.2014 by S.I. 2014/11 , art. 3(1)(d) (with art. 4 ) Sch. 2 para. 36 in force at 1.10.2014 by S.I. 2014/11 , art. 3(1)(d) (with art. 4 ) Sch. 2 para. 37 in force at 1.10.2014 by S.I. 2014/11 , art. 3(1)(d) (with art. 4 ) Sch. 2 para. 38 in force at 1.10.2014 by S.I. 2014/11 , art. 3(1)(d) (with art. 4 ) Sch. 2 para. 39 in force at 1.10.2014 by S.I. 2014/11 , art. 3(1)(d) (with art. 4 ) Sch. 2 para. 40 in force at 1.10.2014 by S.I. 2014/11 , art. 3(1)(d) (with art. 4 ) Sch. 2 para. 41 in force at 1.10.2014 by S.I. 2014/11 , art. 3(1)(d) (with art. 4 ) Sch. 2 para. 42 in force at 1.10.2014 by S.I. 2014/11 , art. 3(1)(d) (with art. 4 ) Sch. 2 para. 43 in force at 1.10.2014 by S.I. 2014/11 , art. 3(1)(d) (with art. 4 ) Sch. 2 para. 44 in force at 1.10.2014 by S.I. 2014/11 , art. 3(1)(d) (with art. 4 ) Sch. 2 para. 45 in force at 1.10.2014 by S.I. 2014/11 , art. 3(1)(d) (with art. 4 ) Sch. 2 para. 46 in force at 1.10.2014 by S.I. 2014/11 , art. 3(1)(d) (with art. 4 ) Sch. 2 para. 47 in force at 1.10.2014 by S.I. 2014/11 , art. 3(1)(d) (with art. 4 ) Sch. 2 para. 48 in force at 1.10.2014 by S.I. 2014/11 , art. 3(1)(d) (with art. 4 ) Sch. 2 para. 49 in force at 1.10.2014 by S.I. 2014/11 , art. 3(1)(d) (with art. 4 ) Sch. 2 para. 50 in force at 1.10.2014 by S.I. 2014/11 , art. 3(1)(d) (with art. 4 ) Sch. 2 para. 51 in force at 1.10.2014 by S.I. 2014/11 , art. 3(1)(d) (with art. 4 ) Sch. 2 para. 52 in force at 1.10.2014 by S.I. 2014/11 , art. 3(1)(d) (with art. 4 ) Sch. 2 para. 53 in force at 1.10.2014 by S.I. 2014/11 , art. 3(1)(d) (with art. 4 ) Sch. 2 para. 54 in force at 1.10.2014 by S.I. 2014/11 , art. 3(1)(d) (with art. 4 ) Sch. 2 para. 55 in force at 1.10.2014 by S.I. 2014/11 , art. 3(1)(d) (with art. 4 ) Sch. 2 para. 56 in force at 1.10.2014 by S.I. 2014/11 , art. 3(1)(d) (with art. 4 ) Sch. 2 para. 57 in force at 1.10.2014 by S.I. 2014/11 , art. 3(1)(d) (with art. 4 ) Sch. 2 para. 58 in force at 1.10.2014 by S.I. 2014/11 , art. 3(1)(d) (with art. 4 ) Sch. 3 para. 1 in force at 1.10.2014 by S.I. 2014/11 , art. 3(1)(e) (with art. 4 ) Sch. 3 para. 2 in force at 1.10.2014 by S.I. 2014/11 , art. 3(1)(e) (with art. 4 ) Sch. 3 para. 3 in force at 1.10.2014 by S.I. 2014/11 , art. 3(1)(e) (with art. 4 ) Sch. 3 para. 4 in force at 1.10.2014 by S.I. 2014/11 , art. 3(1)(e) (with art. 4 ) Sch. 3 para. 5 in force at 1.10.2014 by S.I. 2014/11 , art. 3(1)(e) (with art. 4 ) Sch. 3 para. 6 in force at 1.10.2014 by S.I. 2014/11 , art. 3(1)(e) (with art. 4 ) S. 29(3)(b) substituted (1.12.2014) by Housing (Wales) Act 2014 (anaw 7) , s. 145(3) , Sch. 3 para. 30(2) ; S.I. 2014/3127 , art. 2(a) , Sch. Pt. 1 S. 33(7) omitted (1.12.2014) by virtue of Housing (Wales) Act 2014 (anaw 7) , s. 145(3) , Sch. 3 para. 30(3)(a) ; S.I. 2014/3127 , art. 2(a) , Sch. Pt. 1 Word in s. 33(8) substituted (1.12.2014) by Housing (Wales) Act 2014 (anaw 7) , s. 145(3) , Sch. 3 para. 30(3)(b) ; S.I. 2014/3127 , art. 2(a) , Sch. Pt. 1 Word in s. 33(9)(c) substituted (1.12.2014) by Housing (Wales) Act 2014 (anaw 7) , s. 145(3) , Sch. 3 para. 30(3)(c) ; S.I. 2014/3127 , art. 2(a) , Sch. Pt. 1 Words in s. 39(1) omitted (1.12.2014) by virtue of Housing (Wales) Act 2014 (anaw 7) , s. 145(3) , Sch. 3 para. 30(4) ; S.I. 2014/3127 , art. 2(a) , Sch. Pt. 1 Word in s. 49(4) substituted (1.12.2014) by Housing (Wales) Act 2014 (anaw 7) , s. 145(3) , Sch. 3 para. 30(5) ; S.I. 2014/3127 , art. 2(a) , Sch. Pt. 1 Word in s. 53(4) substituted (1.12.2014) by Housing (Wales) Act 2014 (anaw 7) , s. 145(3) , Sch. 3 para. 30(6) ; S.I. 2014/3127 , art. 2(a) , Sch. Pt. 1 Words in s. 61(7) omitted (1.12.2014) by virtue of Housing (Wales) Act 2014 (anaw 7) , s. 145(3) , Sch. 3 para. 30(67) ; S.I. 2014/3127 , art. 2(a) , Sch. Pt. 1 Words in s. 62 inserted (1.12.2014) by Housing (Wales) Act 2014 (anaw 7) , s. 145(3) , Sch. 3 para. 30(4) ; S.I. 2014/3127 , art. 2(a) , Sch. Pt. 1 Act power to amend conferred (25.2.2015) by Housing (Wales) Act 2014 (anaw 7) , ss. 109(2) , 145(3) ; S.I. 2015/380 , art. 2(g) Words in s. 62 substituted (25.2.2015) by Housing (Wales) Act 2014 (anaw 7) , s. 145(3) , Sch. 3 para. 26(2) ; S.I. 2015/380 , art. 2(h) Words in Sch. 1 para. 10(1) inserted (25.2.2015) by Housing (Wales) Act 2014 (anaw 7) , s. 145(3) , Sch. 3 para. 26(3) ; S.I. 2015/380 , art. 2(h) S. 56 modified (16.3.2016) by Housing (Wales) Act 2014 (anaw 7) , ss. 103 , 145(3) ; S.I. 2016/266 , art. 2(a) Sch. 4 para. 4: consequential amendments to be treated as not having effect until 1.10.2014 by virtue of The Mobile Homes (Wales) Act 2013 (Commencement, Transitional and Saving Provisions) Order 2014 (S.I. 2014/11) , art. 3(2) Words in Sch. 5 para. 9 substituted (28.4.2022) by The Criminal Justice Act 2003 (Commencement No. 33) and Sentencing Act 2020 (Commencement No. 2) Regulations 2022 (S.I. 2022/500) , regs. 1(2) , 5(1) , Sch. Pt. 1 Words in s. 43(3)(a) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149) , regs. 1(2) , 2(1) , Sch. Pt. 1 table Words in Sch. 5 para. 9 substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149) , regs. 1(2) , 2(1) , Sch. Pt. 1 table Words in s. 39(4) omitted (10.9.2025) by virtue of Legislation (Procedure, Publication and Repeals) (Wales) Act 2025 (asc 3) , s. 9(2)(d) , Sch. 1 para. 6
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[uk-legislation-anaw][anaw] 2025-10-24
http://www.legislation.gov.uk/anaw/2016/1/2025-09-10
http://www.legislation.gov.uk/anaw/2016/1/2025-09-10 Renting Homes (Wales) Act 2016 An Act of the National Assembly for Wales to make provision about tenancies and licences which confer the right to occupy a dwelling as a home, including provision establishing two kinds of contract for the purpose of renting homes; and for connected purposes. text text/xml en Statute Law Database 2025-10-24 Expert Participation 2025-09-10 Renting Homes (Wales) Act 2016 Deddf Rhentu Cartrefi (Cymru) 2016 Sch. 2 para. 7(3)(k)(i) Immigration Act 2016 Sch. 11 para. 2(n) s. 94(1) Renting Homes (Wales) Act 2016 Deddf Rhentu Cartrefi (Cymru) 2016 s. 61(5) Renting Homes (Amendment) (Wales) Act 2021 Deddf Rhentu Cartrefi (Diwygio) (Cymru) 2021 Sch. 5 para. 11(1) s. 19(3) Renting Homes (Wales) Act 2016 Deddf Rhentu Cartrefi (Cymru) 2016 s. 163(2) Renting Homes (Amendment) (Wales) Act 2021 Deddf Rhentu Cartrefi (Diwygio) (Cymru) 2021 Sch. 5 para. 11(2) s. 19(3) Renting Homes (Wales) Act 2016 Deddf Rhentu Cartrefi (Cymru) 2016 s. 165(3) Renting Homes (Amendment) (Wales) Act 2021 Deddf Rhentu Cartrefi (Diwygio) (Cymru) 2021 Sch. 5 para. 11(3) s. 19(3) Renting Homes (Wales) Act 2016 Deddf Rhentu Cartrefi (Cymru) 2016 s. 236(5) Renting Homes (Amendment) (Wales) Act 2021 Deddf Rhentu Cartrefi (Diwygio) (Cymru) 2021 Sch. 5 para. 11(4) s. 19(3) Renting Homes (Wales) Act 2016 Deddf Rhentu Cartrefi (Cymru) 2016 Sch. 11 para. 3(2)(a) Renting Homes (Amendment) (Wales) Act 2021 Deddf Rhentu Cartrefi (Diwygio) (Cymru) 2021 Sch. 5 para. 11(5) s. 19(3) Renting Homes (Wales) Act 2016 Deddf Rhentu Cartrefi (Cymru) 2016 Sch. 9A para. 5 cross-heading Renters’ Rights Act 2025 s. 45(3)(b)(i) s. 138 s. 145(3) Renting Homes (Wales) Act 2016 Deddf Rhentu Cartrefi (Cymru) 2016 Sch. 9A para. 5(1)(a) Renters’ Rights Act 2025 s. 45(3)(b)(ii) s. 138 s. 145(3) Renting Homes (Wales) Act 2016 Deddf Rhentu Cartrefi (Cymru) 2016 Sch. 9A para. 5(2)(a) Renters’ Rights Act 2025 s. 45(3)(b)(iii) s. 138 s. 145(3) Renting Homes (Wales) Act 2016 Deddf Rhentu Cartrefi (Cymru) 2016 Sch. 9A para. 5 cross-heading Renters’ Rights Act 2025 s. 45(4)(b)(i) s. 138 s. 145(3) Renting Homes (Wales) Act 2016 Deddf Rhentu Cartrefi (Cymru) 2016 Sch. 9A para. 5(1)(a) Renters’ Rights Act 2025 s. 45(4)(b)(ii) s. 138 s. 145(3) Renting Homes (Wales) Act 2016 Deddf Rhentu Cartrefi (Cymru) 2016 Sch. 9A para. 5(2)(a) Renters’ Rights Act 2025 s. 45(4)(b)(iii) s. 138 s. 145(3) Renting Homes (Wales) Act 2016 Deddf Rhentu Cartrefi (Cymru) 2016 s. 30(da) Renters’ Rights Act 2025 s. 46(2) s. 138 s. 145(3) Renting Homes (Wales) Act 2016 Deddf Rhentu Cartrefi (Cymru) 2016 Pt. 3 Ch. 6A Renters’ Rights Act 2025 s. 46(3) s. 138 s. 145(3) Renting Homes (Wales) Act 2016 Deddf Rhentu Cartrefi (Cymru) 2016 Sch. 1 Pt. 1 Table 3 Renters’ Rights Act 2025 s. 46(4) s. 138 s. 145(3) Renting Homes (Wales) Act 2016 Deddf Rhentu Cartrefi (Cymru) 2016 Sch. 1 Pt. 2 Table 4 Renters’ Rights Act 2025 s. 46(4) s. 138 s. 145(3) Renting Homes (Wales) Act 2016 Deddf Rhentu Cartrefi (Cymru) 2016 Sch. 1 Pt. 3 Table 5 Renters’ Rights Act 2025 s. 46(4) s. 138 s. 145(3) Renting Homes (Wales) Act 2016 Deddf Rhentu Cartrefi (Cymru) 2016 s. 30(da) Renters’ Rights Act 2025 s. 46(6) s. 138 s. 145(3) Renting Homes (Wales) Act 2016 Deddf Rhentu Cartrefi (Cymru) 2016 Pt. 3 Ch. 6A Renters’ Rights Act 2025 s. 46(7) s. 138 s. 145(3) Renting Homes (Wales) Act 2016 Deddf Rhentu Cartrefi (Cymru) 2016 Sch. 1 Pt. 1 Table 3 Renters’ Rights Act 2025 s. 46(8) s. 138 s. 145(3) Renting Homes (Wales) Act 2016 Deddf Rhentu Cartrefi (Cymru) 2016 Sch. 1 Pt. 2 Table 4 Renters’ Rights Act 2025 s. 46(8) s. 138 s. 145(3) Renting Homes (Wales) Act 2016 Deddf Rhentu Cartrefi (Cymru) 2016 Sch. 1 Pt. 3 Table 5 Renters’ Rights Act 2025 s. 46(8) s. 138 s. 145(3) Renting Homes (Wales) Act 2016 Deddf Rhentu Cartrefi (Cymru) 2016 Sch. 12 para. 29A Renters’ Rights Act 2025 Sch. 2 para. 75(a) s. 138 146(1) Sch. 6 para. 1 3 4 16 17 s. 145(1) (8) Renting Homes (Wales) Act 2016 Deddf Rhentu Cartrefi (Cymru) 2016 Sch. 12 para. 29A Renters’ Rights Act 2025 Sch. 2 para. 75(b) s. 138 146(1) Sch. 6 para. 1 3 4 16 17 s. 145(1) (8) Renting Homes (Wales) Act 2016 Deddf Rhentu Cartrefi (Cymru) 2016 s. 20(3)(ma) Renting Homes (Fees etc.) (Wales) Act 2019 Deddf Rhentu Cartrefi (Ffioedd etc.) (Cymru) 2019 Sch. 3 para. 4(2) s. 29 s. 30(2) Renting Homes (Wales) Act 2016 Deddf Rhentu Cartrefi (Cymru) 2016 s. 126(2) Renting Homes (Fees etc.) (Wales) Act 2019 Deddf Rhentu Cartrefi (Ffioedd etc.) (Cymru) 2019 Sch. 3 para. 3 s. 29 s. 30(2) Renting Homes (Wales) Act 2016 Deddf Rhentu Cartrefi (Cymru) 2016 s. 135(2)(ia) Renting Homes (Fees etc.) (Wales) Act 2019 Deddf Rhentu Cartrefi (Ffioedd etc.) (Cymru) 2019 Sch. 3 para. 4(3) s. 29 s. 30(2) Renting Homes (Wales) Act 2016 Deddf Rhentu Cartrefi (Cymru) 2016 s. 177A Renting Homes (Fees etc.) (Wales) Act 2019 Deddf Rhentu Cartrefi (Ffioedd etc.) (Cymru) 2019 Sch. 3 para. 2 s. 29 s. 30(2) Renting Homes (Wales) Act 2016 Deddf Rhentu Cartrefi (Cymru) 2016 s. 183(2) Renting Homes (Fees etc.) (Wales) Act 2019 Deddf Rhentu Cartrefi (Ffioedd etc.) (Cymru) 2019 Sch. 3 para. 4(4) s. 29 s. 30(2) Renting Homes (Wales) Act 2016 Deddf Rhentu Cartrefi (Cymru) 2016 s. 186A - 186C Renting Homes (Fees etc.) (Wales) Act 2019 Deddf Rhentu Cartrefi (Ffioedd etc.) (Cymru) 2019 Sch. 3 para. 4(1) s. 29 s. 30(2) Renting Homes (Wales) Act 2016 Deddf Rhentu Cartrefi (Cymru) 2016 s. 198A Renting Homes (Fees etc.) (Wales) Act 2019 Deddf Rhentu Cartrefi (Ffioedd etc.) (Cymru) 2019 Sch. 3 para. 5 s. 29 s. 30(2) Renting Homes (Wales) Act 2016 Deddf Rhentu Cartrefi (Cymru) 2016 s. 204(1)(a)(ix) Renting Homes (Fees etc.) (Wales) Act 2019 Deddf Rhentu Cartrefi (Ffioedd etc.) (Cymru) 2019 Sch. 3 para. 6(b) s. 29 s. 30(2) Renting Homes (Wales) Act 2016 Deddf Rhentu Cartrefi (Cymru) 2016 s. 204(1)(a)(vii) Renting Homes (Fees etc.) (Wales) Act 2019 Deddf Rhentu Cartrefi (Ffioedd etc.) (Cymru) 2019 Sch. 3 para. 6(a) s. 29 s. 30(2) Renting Homes (Wales) Act 2016 Deddf Rhentu Cartrefi (Cymru) 2016 s. 204(1)(a)(xiii) Renting Homes (Fees etc.) (Wales) Act 2019 Deddf Rhentu Cartrefi (Ffioedd etc.) (Cymru) 2019 Sch. 3 para. 6(c) s. 29 s. 30(2) Renting Homes (Wales) Act 2016 Deddf Rhentu Cartrefi (Cymru) 2016 Sch. 1 Pt. 2 Renting Homes (Fees etc.) (Wales) Act 2019 Deddf Rhentu Cartrefi (Ffioedd etc.) (Cymru) 2019 Sch. 3 para. 7(a)(i) s. 29 s. 30(2) Renting Homes (Wales) Act 2016 Deddf Rhentu Cartrefi (Cymru) 2016 Sch. 1 Pt. 2 Renting Homes (Fees etc.) (Wales) Act 2019 Deddf Rhentu Cartrefi (Ffioedd etc.) (Cymru) 2019 Sch. 3 para. 7(a)(ii) s. 29 s. 30(2) Renting Homes (Wales) Act 2016 Deddf Rhentu Cartrefi (Cymru) 2016 Sch. 1 Pt. 3 Renting Homes (Fees etc.) (Wales) Act 2019 Deddf Rhentu Cartrefi (Ffioedd etc.) (Cymru) 2019 Sch. 3 para. 7(b)(i) s. 29 s. 30(2) Renting Homes (Wales) Act 2016 Deddf Rhentu Cartrefi (Cymru) 2016 Sch. 1 Pt. 3 Renting Homes (Fees etc.) (Wales) Act 2019 Deddf Rhentu Cartrefi (Ffioedd etc.) (Cymru) 2019 Sch. 3 para. 7(b)(ii) s. 29 s. 30(2) Renting Homes (Wales) Act 2016 Deddf Rhentu Cartrefi (Cymru) 2016 Sch. 1 Pt. 3 Renting Homes (Fees etc.) (Wales) Act 2019 Deddf Rhentu Cartrefi (Ffioedd etc.) (Cymru) 2019 Sch. 3 para. 7(b)(iii) s. 29 s. 30(2) Renting Homes (Wales) Act 2016 Deddf Rhentu Cartrefi (Cymru) 2016 specified provision(s) The Abolition of the Right to Buy and Associated Rights (Wales) Act 2018 (Consequential Amendments and Savings Provisions) Regulations 2019 Rheoliadau Deddf Diddymu’r Hawl i Brynu a Hawliau Cysylltiedig (Cymru) 2018 (Diwygiadau Canlyniadol a Darpariaethau Arbed) 2019 reg. 5 Renting Homes (Wales) Act 2016 2016 anaw 1 An Act of the National Assembly for Wales to make provision about tenancies and licences which confer the right to occupy a dwelling as a home, including provision establishing two kinds of contract for the purpose of renting homes; and for connected purposes. [18 January 2016] Having been passed by the National Assembly for Wales and having received the assent of Her Majesty, it is enacted as follows: PART 1 OVERVIEW OF ACT Introduction to Parts 1 and 2 and key concepts in this Act Occupation contracts 1 1 This Act (in Part 2) provides that— a most individuals who rent their homes under a tenancy or licence, and their landlords, make a contract with each other known as an occupation contract (and in this Act such individuals are referred to as “ contract-holders ”; see section 7); b there are two kinds of occupation contract, namely— i secure contracts, and ii standard contracts; c there are two kinds of standard contract, namely— i fixed term standard contracts, and ii periodic standard contracts, and the two kinds of standard contract differ in relation to their variation, transfer and termination. 2 Each kind of occupation contract (and each kind of standard contract) gives different rights to, and imposes different obligations on, the contract-holder and landlord; a secure contract gives greater security of occupation to the contract-holder than a standard contract. Kinds of landlord 2 1 This Act (in Part 2) provides— a for two kinds of landlord— i community landlords (which are local authorities, registered social landlords and other kinds of authority), and ii private landlords (which are any landlords who are not community landlords); b that both kinds of landlord may make, or adopt, specific kinds of occupation contract (though this is subject to various exceptions). 2 In general— a occupation contracts made with or adopted by community landlords are secure contracts, and b contracts made with or adopted by private landlords are standard contracts, but this is subject to various exceptions. Fundamental provisions and supplementary provisions of occupation contracts 3 1 Part 2 of this Act establishes the concept of a “fundamental provision”; that is, a provision of this Act (generally a section) which is automatically included as a term of all occupation contracts, or of specified occupation contracts (and so forms part of the contract between a contract-holder and a landlord). 2 Once a fundamental provision of this Act is included in an occupation contract, it is referred to as a “ fundamental term ” of the contract (see section 19). 3 At the creation of the contract, the parties can agree that a fundamental provision will be included in the contract with changes (referred to in this Act as “ modifications ”) or that it will not be included at all; however, the parties can only do either of these things if it will improve the contract-holder's position, and there are some fundamental provisions which must be included without changes. 4 Once an occupation contract has been created the parties can vary its fundamental terms; but there are certain limits to this. 5 Part 2 of this Act also establishes the concept of a “supplementary provision”; that is, a provision set out in regulations made by the Welsh Ministers which is automatically included as a term of all occupation contracts, or of specified occupation contracts. 6 Once a supplementary provision is included in an occupation contract, it is referred to as a “ supplementary term ” of the contract (see section 23). 7 At the creation of the contract, the parties can agree that a supplementary provision will be included in the contract with modifications or that it will not be included at all, and once an occupation contract has been created, the parties can vary its supplementary terms; but there are certain limits to this. Identifying provisions of this Act which are fundamental provisions 4 1 Each provision of this Act which is a fundamental provision— a specifies that it is a fundamental provision, and b specifies the occupation contracts it is applicable to. 2 Schedule 1 contains three Parts, identifying the fundamental provisions in this Act as follows— a Part 1 identifies the fundamental provisions that are applicable to secure contracts, b Part 2 identifies the fundamental provisions that are applicable to periodic standard contracts, and c Part 3 identifies the fundamental provisions that are applicable to fixed term standard contracts. Overview of rest of Act Overview of Parts 3 to 9: operation and termination of occupation contracts 5 1 Parts 3 to 9 concern occupation contracts. 2 Part 3 applies to all occupation contracts; it deals with a range of matters about the rights and obligations of parties to occupation contracts. 3 Parts 4 to 8 apply only to specific kinds of occupation contract— a Part 4 concerns landlords' obligations relating to the condition of dwellings; Chapter 2 (which sets out the obligations) applies to all occupation contracts except fixed term standard contracts for a term of seven years or more, and Chapters 1 and 3 are of general application, b Part 5 applies to secure contracts only (and section 118 applies only to secure contracts with a community landlord), c Part 6 applies to periodic standard contracts only, d Part 7 applies to fixed term standard contracts only, and e Part 8 applies to supported standard contracts only (a supported standard contract is an occupation contract which relates to accommodation provided in connection with support services). 4 Part 9 concerns the termination of occupation contracts; in particular, it contains— a Chapters which apply to all occupation contracts, and b Chapters which apply only to specific kinds of occupation contract. Overview of Parts 10 and 11: general provision 6 1 Part 10 concerns miscellaneous matters which are either— a supplementary to Parts 2 to 9, or b about the application and operation of this Act. 2 Part 11 contains— a provision about the interpretation of this Act, and b provision which applies generally for the purposes of this Act. PART 2 OCCUPATION CONTRACTS AND LANDLORDS CHAPTER 1 OCCUPATION CONTRACTS Tenancies and licences that are occupation contracts 7 1 A tenancy or licence is an occupation contract if— a it is within subsection (2) or (3), and b rent or other consideration is payable under it. 2 A tenancy or licence is within this subsection if— a it is made between a landlord and an individual, and b it confers on the individual the right to occupy a dwelling as a home. 3 A tenancy or licence is within this subsection if— a it is made between a landlord and two or more persons at least one of whom is an individual, and b it confers on the individual (or, if there is more than one individual, on one or more of them) the right to occupy a dwelling as a home. 4 But there are exceptions to subsection (1) set out in Schedule 2, which provides— a in Part 1, that certain tenancies and licences not within subsection (2) or (3) can be occupation contracts if notice is given, b in Part 2, that certain tenancies and licences that are within subsection (2) or (3) are not occupation contracts unless notice is given, c in Part 3, that certain tenancies and licences are never occupation contracts, d in Parts 4 and 5, that certain tenancies and licences can be occupation contracts, but special rules apply in relation to them, and e in Part 6, that the Welsh Ministers may amend that Schedule. 5 Each person with whom a landlord makes an occupation contract is a contract-holder under the occupation contract. 6 But an individual cannot be a contract-holder under an occupation contract if he or she has not reached the age of 18. Secure contracts and standard contracts 8 1 An occupation contract is either— a a secure contract, or b a standard contract. 2 A secure contract is a periodic contract. 3 A standard contract is either a fixed term contract or a periodic contract. CHAPTER 2 NATURE OF CONTRACTS WHICH CAN BE MADE ETC. BY COMMUNITY LANDLORDS AND PRIVATE LANDLORDS Definitions Community landlords 9 1 In this Act “community landlord”means a landlord which is— a an authority mentioned in subsection (2), b a registered social landlord, other than a fully mutual housing association or a co-operative housing association, or c a private registered provider of social housing (see section 80(3) of the Housing and Regeneration Act 2008 (c. 17)). 2 The authorities are— a a local authority; b a new town corporation; c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . d an urban development corporation; e a housing co-operative to which subsection (3) applies. 3 This subsection applies to a housing co-operative (within the meaning of section 27B of the Housing Act 1985 (c. 68)) to the extent that any dwelling subject to an occupation contract is comprised in a housing co-operative agreement within the meaning of that section. 4 In this Act “ registered social landlord ” means a person registered in the register maintained under section 1 of the Housing Act 1996 (c. 52). 5 In this Act “ fully mutual housing association ” and “ co-operative housing association ” have the same meaning as in the Housing Associations Act 1985 (c. 69) (see section 1(2) of that Act). 6 The Welsh Ministers may by regulations amend this section for the purpose of— a providing that a person which is for the time being a community landlord is not a community landlord; b providing that a person which is not a community landlord is a community landlord; c changing a description of a person which is for the time being a community landlord. Private landlords 10 In this Act “ private landlord ” means a landlord that is not a community landlord. Contracts made with or adopted by community landlords Contract made with community landlord 11 1 An occupation contract made with a community landlord is a secure contract unless one of the following exceptions applies. 2 The first exception applies if— a the occupation contract is within Schedule 3 (occupation contracts made with community landlords which may be standard contracts), b before or at the time the contract is made, the landlord gives the contract-holder a notice under section 13 (notice of standard contract), and c no other exception applies. 3 The second exception applies if the contract is made as a result of an order under section 116 (prohibited conduct standard contract). 4 The third exception applies if the contract arises under section 184(2) or is within section 184(6) (contracts at end of fixed term). 5 The fourth exception applies if the contract is a tenancy or licence arising under section 238 (implied tenancies and licences). 6 Section 16 makes further provision about contracts to which the first exception applies because the contract is within paragraph 3 of Schedule 3 (introductory standard contracts). Contract adopted by community landlord 12 1 If a community landlord becomes the landlord under an existing secure contract, the contract continues as a secure contract. 2 If a community landlord becomes the landlord under an existing standard contract because of a transfer under section 62 or 66 (transfer of rights and obligations of landlord under a sub-occupation contract), the contract continues as a standard contract. 3 If a community landlord becomes the landlord under an existing standard contract for any other reason, the existing contract— a ends when the community landlord becomes the landlord, and b is replaced with a secure contract that has an occupation date falling immediately after the existing contract ends, unless one of the following exceptions applies. 4 The first exception applies if— a the contract is within Schedule 3 (occupation contracts adopted by community landlords which may be standard contracts), b before or at the time the community landlord becomes the landlord, the community landlord gives the contract-holder a notice under section 13, and c no other exception applies. 5 The second exception applies if the contract is made as a result of an order under section 116 (prohibited conduct standard contract). 6 The third exception applies if the contract arises under section 184(2) or is within section 184(6) (contracts at end of fixed term). 7 The fourth exception applies if the contract is a tenancy or licence arising under section 238 (implied tenancies and licences). 8 The fifth exception applies if— a the contract is a fixed term standard contract for which a premium was paid, and b before the community landlord becomes the landlord, the contract-holder decides that the contract should remain a fixed term standard contract (section 15 makes further provision about such decisions). 9 Section 16 makes further provision about contracts to which the first exception applies because the contract is within paragraph 3 of Schedule 3 (introductory standard contracts). Notice of standard contract 13 1 A notice under this section is a notice— a specifying the paragraph of Schedule 3, and the description of occupation contract set out in that paragraph, on which the landlord relies, and b stating that the contract is a standard contract. 2 The notice must also inform the contract-holder of his or her right to apply for a review under section 14, and of the time by which the application must be made. Review of notice 14 1 This section applies where a community landlord gives a notice under section 13. 2 The contract-holder may apply to the county court for a review of the landlord's decision to give the notice. 3 The application must be made before the end of the period of 14 days starting with the day on which the landlord gives the contract-holder the notice. 4 The county court may give permission for an application to be made after the end of the period allowed by subsection (3), but only if it is satisfied— a where permission is sought before the end of that period, that there is a good reason for the contract-holder to be unable to make the application in time, or b where permission is sought after that time, that there is a good reason for the contract-holder's failure to make the application in time and for any delay in applying for permission. 5 The county court may confirm or quash the decision to give the notice. 6 In considering whether to confirm or quash the decision, the county court must apply the principles applied by the High Court on an application for judicial review. 7 If the county court quashes the decision, it may make any order the High Court could make when making a quashing order on an application for judicial review. 8 If the county court quashes the decision and the landlord gives the contract-holder a further notice under section 13 before the end of the post-review period, the notice has effect (other than for the purposes of subsection (3)) as if given— a in a case within section 11, at the time the contract was made, or b in a case within section 12, at the time the community landlord became the landlord. 9 The post-review period is the period of 14 days beginning with the day on which the county court quashes the decision. Notice of right to decide to remain on a fixed term standard contract 15 1 At least one month before a community landlord becomes the landlord under a fixed term standard contract for which a premium was paid, the community landlord must give the contract-holder a notice under this section. 2 The notice must— a inform the contract-holder of his or her right under section 12(8)(b) to decide that the contract should remain a fixed term standard contract, and of the time by which the decision must be made, and b explain how section 12 will apply to the contract if the contract-holder does not make such a decision. Introductory standard contracts 16 1 An occupation contract which is a standard contract because the first exception in section 11 or 12 applies and because it is within paragraph 3 of Schedule 3 (new occupation contract made with community landlord)— a is a periodic standard contract during the introductory period, and b if it subsists immediately before the end of that period— i ends at the end of that period, and ii is replaced with a secure contract that has an occupation date falling immediately after that period ends. 2 But subsection (1)(b) does not apply if an introductory period ends because of paragraph 1(6) of Schedule 4 (private landlord becomes landlord under the contract). 3 Schedule 4 makes provision about introductory periods and about the terms of a secure contract which arises at the end of an introductory period. 4 In this Act “ introductory standard contract ” means a contract— a which is within subsection (1), and b in relation to which the introductory period has not ended. Contracts made with or adopted by private landlords Contract made with or adopted by private landlord 17 1 An occupation contract made with a private landlord is a standard contract unless, before or at the time the contract is made, the landlord gives the contract-holder a notice stating that the contract is a secure contract. 2 If a private landlord becomes the landlord under an existing secure contract, the contract continues as a secure contract. 3 If a private landlord becomes the landlord under an existing standard contract, the contract continues as a standard contract. CHAPTER 3 FUNDAMENTAL PROVISIONS OF OCCUPATION CONTRACTS Fundamental provisions 18 1 Fundamental provisions are provisions of this Act (and provisions which are fundamental provisions by virtue of section 22(1)(a)) that are incorporated as terms of occupation contracts or particular kinds or descriptions of occupation contract (subject to sections 20(1) and (2) and 21). 2 Each provision of this Act that is a fundamental provision identifies itself as such, and specifies the occupation contracts into which it is incorporated as a fundamental term. 3 Nothing in this Act is to be read as enabling a landlord or contract-holder to do anything which would have the effect that a fundamental provision which is applicable to the occupation contract is not, or is not to be treated as, a fundamental provision which is applicable to the contract (but this does not prevent an agreement to modify or not to incorporate a fundamental provision, or a variation of a fundamental term, which is in accordance with this Act). Fundamental terms and fundamental provisions: definitions 19 1 This section applies for the purposes of interpreting this Act. 2 “ Fundamental provision ” has the meaning given in section 18. 3 A reference in this Act to a section or other provision which is a fundamental provision has effect, in relation to a contract in which the fundamental provision is incorporated (with or without modifications), as a reference to the fundamental term of the contract which incorporates the fundamental provision. 4 “ Fundamental term ”, in relation to an occupation contract, means a term of the contract which incorporates a fundamental provision (with or without modifications). Incorporation and modification of fundamental provisions 20 1 A fundamental provision is not incorporated as a term of an occupation contract if— a the landlord and the contract-holder agree that it should not be incorporated, and b ... the effect of its not being incorporated is that the position of the contract-holder is improved. 2 A fundamental provision is incorporated as a term of an occupation contract with modifications if— a the landlord and the contract-holder agree that it should be incorporated with those modifications, and b ... the effect of its being incorporated with those modifications is that the position of the contract-holder is improved. 3 Subsections (1) and (2) do not apply to the following fundamental provisions— a section 45 (requirement to use deposit scheme), b section 52 (joint contract-holder ceasing to be a party to the occupation contract), c section 55 (anti-social behaviour and other prohibited conduct), d sections 103(1)(b) and (2) and 108 (variation of secure contracts), e sections 122(1)(b) and (2) and 127 (variation of periodic standard contracts), f section 134(1)(b) and (2) and 135 (variation of fixed term standard contracts), g section 148 (permissible termination), h section 149 (possession claims), i section 155 (death of sole contract-holder), j section 158 (securing contract by use of false statement), k . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . l . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . m . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . n . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . o . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . p paragraph 7 of Schedule 4 (variation of secure contract addressed in written statement of introductory standard contract) , and q Part 1 of Schedule 9A (restrictions on giving notice under sections 173 and 186 and under a landlord's break clause). 4 Subsections (1) and (2) are subject to section 34 (landlord's failure to provide written statement of contract) and section 36 (incomplete statement of contract). Effect of non-incorporation and modification of fundamental provisions 21 1 Subsections (2) and (3) apply where— a a fundamental provision is not incorporated as a term of an occupation contract because of an agreement under section 20(1), or b a fundamental provision is incorporated with modifications because of an agreement under section 20(2). 2 If as a result it is necessary that another fundamental provision or a supplementary provision (see Chapter 4) is not incorporated, that other provision is not incorporated. 3 If as a result it is necessary that another fundamental provision or a supplementary provision is incorporated with modifications, that provision is incorporated with the necessary modifications (in addition to any modifications made because of an agreement under section 20(2) or section 24(2)). 4 But subsections (2) and (3) do not apply if their application would have the effect that a fundamental provision mentioned in section 20(3) would not be incorporated or would be incorporated with modifications; accordingly, the agreement mentioned in subsection (1)(a) or (b) has no effect. Powers in relation to fundamental provisions 22 1 The Welsh Ministers may by regulations provide that— a a provision of any enactment is a fundamental provision applicable to an occupation contract; b a provision of any enactment that is for the time being a fundamental provision applicable to an occupation contract ceases to be a fundamental provision applicable to an occupation contract. 2 The Welsh Ministers may by regulations provide that— a section 20(1) does not apply to a fundamental provision; b section 20(2) does not apply to a fundamental provision. 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CHAPTER 4 SUPPLEMENTARY PROVISIONS OF OCCUPATION CONTRACTS Supplementary provisions 23 1 The Welsh Ministers may by regulations provide that provisions set out in the regulations are incorporated as terms of occupation contracts (subject to sections 21, 24(1) and (2) and 25); for the purposes of this Act such provisions are “supplementary provisions”. 2 Before making regulations under subsection (1), the Welsh Ministers must consult such persons as appear to them to be appropriate. 3 Sections 112 and 131 give the Welsh Ministers further powers to prescribe supplementary provisions relating to time limits for withdrawal of joint contract-holders from secure contracts and periodic standard contracts (and the Welsh Ministers must consult in accordance with subsection (2) before using those powers). 4 The Welsh Ministers may, under subsection (1), prescribe a provision in an enactment as a supplementary provision applicable to an occupation contract. 5 In this Act— “ supplementary provision ” (“ darpariaeth atodol ”) (except in relation to sections 255 and 256) has the meaning given in subsection (1) of this section; “ supplementary term ” (“ teler atodol ”), in relation to an occupation contract, means a term of the contract which incorporates a supplementary provision (with or without modifications). Incorporation and modification of supplementary provisions 24 1 A supplementary provision is not incorporated as a term of an occupation contract if the landlord and the contract-holder agree that it should not be incorporated. 2 A supplementary provision is incorporated as a term of an occupation contract with modifications if the landlord and the contract-holder agree that it should be incorporated with those modifications. 3 An agreement under subsection (1) or (2) that would make a supplementary term of an occupation contract incompatible with a fundamental term of the contract is of no effect. 4 Subsections (1) and (2) are subject to section 34 (landlord's failure to provide written statement of contract) and section 36 (incomplete written statement). Effect of non-incorporation and modification of supplementary provisions 25 1 Subsections (2) and (3) apply where— a a supplementary provision is not incorporated as a term of an occupation contract because of an agreement under section 24(1), or b a supplementary provision is incorporated as a term of the contract with modifications because of an agreement under section 24(2). 2 If as a result it is necessary that another supplementary provision is not incorporated, the other provision is not incorporated. 3 If as a result it is necessary that another supplementary provision is incorporated with modifications, the other provision is incorporated with the necessary modifications (in addition to any modifications made because of an agreement under section 24(2)). CHAPTER 5 KEY MATTERS AND ADDITIONAL TERMS OF OCCUPATION CONTRACTS Key matters of all occupation contracts 26 The following are key matters in relation to all occupation contracts— a the dwelling, b the occupation date, c the amount of rent or other consideration, and d the rental periods. Further key matters of standard contracts 27 The following are key matters in relation to standard contracts (in addition to those set out in section 26)— a whether the contract is periodic or made for a fixed term, b if it is made for a fixed term, the term for which it is made, and c if there are periods during which the contract-holder is not entitled to occupy the dwelling as a home, those periods (see sections 121 and 133). Additional terms 28 1 Additional terms of an occupation contract are any express terms of the contract other than— a the terms addressing the key matters in relation to the contract, b the fundamental terms of the contract, and c the supplementary terms of the contract. 2 An additional term of an occupation contract which is incompatible with any of the terms mentioned in paragraphs (a) to (c) of subsection (1) has no effect. 3 In this Act “ additional terms ” has the meaning given by subsection (1). CHAPTER 6 MODEL CONTRACTS Model written statement of contract 29 1 The Welsh Ministers must prescribe model written statements of contracts for such kinds or descriptions of occupation contract as they think fit. 2 A model written statement of contract for an occupation contract of a particular kind or description is a written statement (see section 31) which incorporates without modification all the fundamental and supplementary provisions applicable to that contract. PART 3 PROVISIONS APPLYING TO ALL OCCUPATION CONTRACTS CHAPTER 1 OVERVIEW Overview of this Part 30 This Part applies to all occupation contracts, and in particular— a it requires landlords to give contract-holders a written statement setting out the terms of the occupation contract, b it addresses deposits given to landlords by contract-holders, and provides that deposits must be held in an authorised deposit scheme, c it makes provision about occupation contracts that have more than one contract-holder, d it gives contract-holders a right to occupy their home without interference from the landlord, e it prohibits anti-social behaviour and certain other kinds of conduct by contract-holders and other occupants and visitors, f it prohibits dealing with an occupation contract, but this is subject to exceptions relating to sub-occupation contracts, transfers of the contract and succession to the contract, g it addresses seeking and giving landlord's consent, and h it addresses compensation which contract-holders may be entitled to under this Act. CHAPTER 2 PROVISION OF INFORMATION Written statement of contract Written statement 31 1 The landlord under an occupation contract must give the contract-holder a written statement of the contract before the end of the period of 14 days starting with the occupation date. 2 If there is a change in the identity of the contract-holder under an occupation contract, the landlord must give the new contract-holder a written statement of the contract before the end of the period of 14 days starting with— a the day on which the identity of the contract-holder changes, or b if later, the day on which the landlord (or in the case of joint landlords, any one of them) becomes aware that the identity of the contract-holder has changed. 3 The landlord may not charge a fee for providing a written statement under subsection (1) or (2). 4 The contract-holder may request a further written statement of the contract at any time. 5 The landlord may charge a reasonable fee for providing a further written statement. 6 The landlord must give the contract-holder the further written statement before the end of the period of 14 days starting with— a the day of the request, or b if the landlord charges a fee, the day on which the contract-holder pays the fee. 7 This section is a fundamental provision which is incorporated as a term of all occupation contracts. Contents of written statement 32 1 A written statement of an occupation contract must set out the names of the parties to the contract. 2 It must also set out— a the terms of the contract addressing key matters in relation to the contract, b the fundamental terms of the contract, c the supplementary terms of the contract, and d any additional terms. 3 It must identify— a any fundamental provision applicable to the contract which is not incorporated as a term of the contract because of section 20(1) or 21(2), and b any supplementary provision applicable to the contract which is not incorporated as a term of the contract because of section 21(2), 24(1) or 25(2). 4 It must contain explanatory information about such matters as may be prescribed. Editorial changes 33 1 The written statement may set out the fundamental and supplementary terms of the occupation contract with editorial changes. 2 Editorial changes are changes to the wording of a fundamental or supplementary term which do not change the substance of that term in any way. ... Failure to provide a written statement etc. 34 1 If the landlord under an occupation contract fails to comply with a requirement to provide a written statement under section 31, the contract-holder may apply to the court for a declaration as to the terms of the contract. 2 On an application under subsection (1) each fundamental and supplementary provision applicable to the contract is to be treated as incorporated as a term of the contract without modification, unless the contract-holder claims that it was not incorporated or was incorporated with modifications. 3 If the contract-holder makes a claim of a kind mentioned in subsection (2), the court must determine that claim. 4 Subsection (3) does not apply if the landlord's failure to comply with section 31 is attributable to an act or omission of the contract-holder. 5 The court may— a attach a statement of the occupation contract to its declaration, or b order the landlord to give the contract-holder a written statement of the contract. 6 Paragraphs 1 and 2 of Schedule 9A make provision relating to periodic standard contracts, and fixed term standard contracts which incorporate section 186 or which have a landlord's break clause, preventing a landlord from giving a notice (under section 173 or 186 or under a landlord's break clause) requiring a contract-holder to give up possession if the landlord has not provided a written statement of the contract under section 31(1) or (2). Failure to provide statement: compensation 35 1 If the landlord under an occupation contract fails to comply with a requirement to provide a written statement under section 31, the landlord is liable to pay the contract-holder compensation under section 87. 2 The compensation is payable in respect of the relevant date and every day after the relevant date until— a the day on which the landlord gives the contract-holder a written statement of the contract, or b if earlier, the last day of the period of two months starting with the relevant date. 3 Interest on the compensation is payable if the landlord fails to give the contract-holder a written statement of the contract on or before the day referred to in subsection (2)(b). 4 The interest starts to run on the day referred to in subsection (2)(b), at the rate prevailing under section 6 of the Late Payment of Commercial Debts (Interest) Act 1998 (c. 20) at the end of that day. 5 This section does not apply if the landlord's failure to comply with section 31 is attributable to an act or omission of the contract-holder. 6 The relevant date is the first day of the period before the end of which the landlord was required to give the written statement. Incomplete statement 36 1 If the landlord under an occupation contract provides a written statement of the contract that is incomplete, the contract-holder may apply to the court for a declaration as to the terms of the contract. 2 A written statement is incomplete if it does not include everything required to be included by section 32. 3 The contract-holder may not apply to the court under subsection (1) before the end of the period of 14 days starting— a if the landlord was required to provide a written statement under section 31(1), with the occupation date; b if the landlord was required to provide a written statement under section 31(2), with the day on which the landlord gave the new contract-holder the written statement; c if the landlord was required to provide a further written statement under section 31(4) to (6), with the first day of the period mentioned in section 31(6). 4 Subsection (5) applies if the written statement— a does not set out a fundamental provision applicable to the contract and does not contain a statement that the provision is not incorporated because of section 20(1) or 21(2), or b does not set out a supplementary provision applicable to the contract and does not contain a statement that the provision is not incorporated because of section 21(2), 24(1) or 25(2). 5 That provision is to be treated as incorporated as a term of the contract without modification unless— a section 21 or 25 applies in relation to it, or b the contract-holder claims it was not incorporated or was incorporated with modifications. 6 If the contract-holder makes a claim of a kind mentioned in subsection (5)(b) the court must determine that claim. 7 Subsection (6) does not apply if the omission of the provision or statement is attributable to an act or omission of the contract-holder. 8 The court may— a attach a written statement of the occupation contract to its declaration, or b order the landlord to give the contract-holder a written statement of the contract which is complete. 9 If the court is satisfied that the written statement is incomplete because of the intentional default of the landlord, it may order the landlord to pay the contract-holder compensation under section 87. 10 The compensation is payable in respect of the period, not exceeding two months, determined by the court; and the court may order the landlord to pay interest at such rate and calculated in such manner as it thinks fit. Incorrect statement: contract-holder's application to court 37 1 The contract-holder under an occupation contract may apply to the court for a declaration that a written statement of the contract— a sets out a term of the contract incorrectly or sets out a term that is of no effect, b incorrectly states that because of section 20(1) or 21(2), a fundamental provision applicable to the contract has not been incorporated as a term of the contract, c incorrectly states that because of section 21(2), 24(1) or 25(2) a supplementary provision applicable to the contract has not been incorporated as a term of the contract, or d sets out a term that is not a term of the contract. 2 But a written statement is not incorrect merely because it does not set out a term varied in accordance with the contract or by or as a result of an enactment if— a a written statement of the term varied was given in accordance with section 109, 128 or 136, or b notice of the variation was given in accordance with section 104, 105(2) to (4) or 107(1)(b) and (2) to (6) (variation of secure contracts) or section 123 or 124(2) to (4) (variation of periodic standard contracts), unless the statement was given under section 31(2) or (4) after any such variation of a term took effect. 3 The contract-holder may not apply to the court under subsection (1) before the end of the period of 14 days starting— a if the landlord was required to provide a written statement under section 31(1), with the occupation date; b if the landlord was required to provide a written statement under section 31(2), with the day on which the landlord gave the new contract-holder the written statement; c if the landlord was required to provide a further written statement under section 31(4) to (6), with the first day of the period mentioned in section 31(6). 4 If the court is satisfied that the ground in subsection (1)(a), (1)(b) or (1)(c) is made out, it may make a declaration setting out the correct term. 5 If the court is satisfied that the ground in subsection (1)(d) is made out, it may make a declaration that the term is not a term of the contract. 6 The court may— a attach a written statement of the occupation contract to its declaration, or b order the landlord to give the contract-holder a corrected written statement of the contract. 7 If the court is satisfied that the written statement is incorrect as described in subsection (1) because of the intentional default of the landlord, it may order the landlord to pay the contract-holder compensation under section 87. 8 The compensation is payable in respect of the period, not exceeding two months, determined by the court; and the court may order the landlord to pay interest at such rate and calculated in such manner as it thinks fit. Incorrect statement: landlord's application to court for declaration that contract is a standard contract 38 1 This section applies if the landlord under an occupation contract is a community landlord and has given the contract-holder— a a notice under section 13 (notice of standard contract), but b a written statement of the contract that is consistent with a secure contract. 2 The landlord may apply to the court for a declaration that the contract is a standard contract. 3 The court may not make the declaration if it is satisfied that, at the time the landlord gave the written statement to the contract-holder, it was the intention of the landlord that the contract should be a secure contract. 4 If the court makes the declaration each fundamental and supplementary provision applicable to the contract is incorporated as a term of the contract without modification, unless the contract-holder claims it was not incorporated or was incorporated with modifications. 5 If the contract-holder makes a claim of a kind mentioned in subsection (4), the court must determine that claim. 6 The court may— a attach a written statement of the occupation contract to its declaration, or b order the landlord to give the contract-holder a corrected written statement of the contract. Provision by landlord of information about landlord Provision by landlord of information about landlord 39 1 The landlord under an occupation contract must, before the end of the period of 14 days starting with the occupation date of the contract, give the contract-holder notice of an address to which the contract-holder may send documents that are intended for the landlord. 2 If there is a change in the identity of the landlord, the new landlord must, before the end of the period of 14 days starting with the day on which the new landlord becomes the landlord, give the contract-holder notice of the change in identity and of an address to which the contract-holder may send documents that are intended for the new landlord. 3 If the address to which the contract-holder may send documents that are intended for the landlord changes, the landlord must, before the end of the period of 14 days starting with the day on which the address changes, give the contract-holder notice of the new address. 4 Paragraph 3 of Schedule 9A makes provision relating to periodic standard contracts, and fixed term standard contracts which incorporate section 186 or which have a landlord's break clause, preventing a landlord from giving a notice (under section 173 or 186 or under a landlord's break clause) requiring a contract-holder to give up possession if the landlord has not provided a notice required under this section. 5 Subsections (1) to (3) of this section are fundamental provisions which are incorporated as a term of all occupation contracts. Compensation for breach of section 39 40 1 If the landlord fails to comply with an obligation under section 39, the landlord is liable to pay the contract-holder compensation under section 87. 2 The compensation is payable in respect of the relevant date and every day after the relevant date until— a the day on which the landlord gives the notice in question, or b if earlier, the last day of the period of two months starting with the relevant date. 3 Interest on the compensation is payable if the landlord fails to give the contract-holder the notice on or before the day referred to in subsection (2)(b). 4 The interest starts to run on the day referred to in subsection (2)(b), at the rate prevailing under section 6 of the Late Payment of Commercial Debts (Interest) Act 1998 (c. 20) at the end of that day. 5 The relevant date is the first day of the period before the end of which the landlord was required to give the notice. 6 This section is a fundamental provision which is incorporated as a term of all occupation contracts. Form of notices, statements and other documents Form of notices etc. 41 1 Any notice, statement or other document required or authorised to be given or made by an occupation contract must be in writing. 2 Sections 236 and 237 make further provision about form of notices and other documents, and about how to deliver or otherwise give a document required or authorised to be given to a person by or because of this Act. 3 This section is a fundamental provision which is incorporated as a term of all occupation contracts. CHAPTER 3 WHEN CONTRACT BECOMES ENFORCEABLE When terms of occupation contract become enforceable 42 1 No term of an occupation contract is enforceable against the contract-holder before the earlier of— a the landlord giving the contract-holder a written statement of the contract under section 31(1), and b the occupation date. 2 If there is a change in the identity of the contract-holder under an occupation contract, no term of the occupation contract is enforceable against the new contract-holder before the earlier of— a the landlord giving the new contract-holder a written statement of the contract under section 31(2), and b the day on which the new contract-holder becomes entitled to occupy the dwelling. CHAPTER 4 DEPOSITS AND DEPOSIT SCHEMES Security Form of security 43 1 The landlord under an occupation contract may not require security to be given in any form other than— a money, or b a guarantee. 2 This section is a fundamental provision which is incorporated as a term of all occupation contracts. Form of security: county court proceedings 44 1 This section applies if— a the landlord under an occupation contract requires security to be given in a form which is not permitted by section 43, and b security is given in that form. 2 The contract-holder (or any person who has given the security on his or her behalf) may apply to the county court for an order under subsection (3). 3 An order under this subsection is an order requiring the person who appears to be holding the property constituting the security to return it. Deposit schemes Requirement to use deposit scheme 45 1 If the contract-holder under an occupation contract pays a deposit (or another person pays a deposit on his or her behalf), the deposit must be dealt with in accordance with an authorised deposit scheme. 2 Before the end of the period of 30 days starting with the day on which the deposit is paid, the landlord must— a comply with the initial requirements of an authorised deposit scheme, and b give the contract-holder (and any person who has paid the deposit on his or her behalf) the required information. 3 The required information is such information as may be prescribed relating to— a the authorised deposit scheme which applies, b the landlord's compliance with the initial requirements of the scheme, and c the operation of this Chapter, including the contract-holder's rights (and the rights of any person who has paid the deposit on his or her behalf) in relation to the deposit. 4 This section is a fundamental provision which is incorporated as a term of all occupation contracts; section 20 provides that this section— a must be incorporated, and b must not be incorporated with modifications. Deposit schemes: further provision 46 1 Schedule 5 contains further provision about deposit schemes. 2 Paragraph 4 of Schedule 9A makes provision relating to periodic standard contracts, and fixed term standard contracts which incorporate section 186 or which have a landlord's break clause, preventing a landlord from giving a notice (under section 173 or 186 or under a landlord's break clause) requiring a contract-holder to give up possession if the landlord has not complied with certain requirements relating to the payment of security or to deposit schemes. Deposit schemes: interpretation 47 1 In this Act— “ authorised deposit scheme ” (“ cynllun blaendal awdurdodedig ”) means a deposit scheme in force in accordance with arrangements under paragraph 1 of Schedule 5 (and “ deposit scheme ” (“ cynllun blaendal ”) has the meaning given in sub-paragraph (2) of that paragraph); “ deposit ” (“ blaendal ”) means money paid as security; “ initial requirements ” (“ gofynion cychwynnol ”), in relation to an authorised deposit scheme, means the requirements of the scheme which must be complied with by the landlord when a deposit is paid; “ security ” (“ sicrwydd ”) means security for the performance of the contract-holder's obligations and the discharge of the contract-holder's liabilities. 2 In this Act references to a deposit, in relation to a time after a deposit has been paid, are to a sum representing the deposit. CHAPTER 5 JOINT CONTRACT-HOLDERS AND JOINT LANDLORDS Joint contract-holders Joint contract-holders: joint liability etc. 48 1 If there are two or more joint contract-holders under an occupation contract, each joint contract-holder is fully liable to the landlord for the performance of every obligation owed to the landlord under the contract. 2 References in this Act to the contract-holder, except where otherwise provided, are to the joint contract-holders. 3 Subsection (2) applies even if the occupation contract is a tenancy and the leasehold estate is vested in one or more, but not all, of the joint contract-holders. Adding a joint contract-holder 49 1 The contract-holder under an occupation contract and another person may, with the consent of the landlord, make that person a joint contract-holder under the contract. 2 If a person is made a joint contract-holder under this section he or she becomes entitled to all the rights and subject to all the obligations of a contract-holder under the contract from the day on which he or she becomes a joint contract-holder. 3 This section is a fundamental provision which is incorporated as a term of all occupation contracts. Adding a joint contract-holder: landlord's consent 50 Where a landlord refuses consent or consents subject to conditions to adding a joint contract-holder under section 49, what is reasonable for the purposes of section 84 (landlord's consent) is to be determined having regard to Schedule 6. Adding a joint contract-holder: formalities 51 1 The addition of a joint contract-holder under an occupation contract may be effected only by a document signed or executed by each of the parties to the transaction. 2 If the contract requires the landlord's consent to the addition, the document must also be signed or executed by the landlord. 3 But subsection (2) does not apply if the landlord is treated as having consented under section 84(6), (8) or (10). Joint contract-holders: survivorship Joint contract-holder ceasing to be a party to the occupation contract 52 1 If a joint contract-holder under an occupation contract dies, or ceases to be a party to the contract for some other reason, from the time he or she ceases to be a party the remaining joint contract-holders are— a fully entitled to all the rights under the contract, and b liable to perform fully every obligation owed to the landlord under the contract. 2 The joint contract-holder is not entitled to any right or liable to any obligation in respect of the period after he or she ceases to be a party to the contract. 3 Nothing in subsection (1) or (2) removes any right or waives any liability of the joint contract-holder accruing before he or she ceases to be a party to the contract. 4 This section does not apply where a joint contract-holder ceases to be a party to the contract because his or her rights and obligations under the contract are transferred in accordance with the contract. 5 This section is a fundamental provision which is incorporated as a term of all occupation contracts; section 20 provides that this section— a must be incorporated, and b must not be incorporated with modifications. Joint landlords Joint landlords 53 1 This section applies if two or more persons jointly constitute the landlord under an occupation contract. 2 Each of them is fully liable to the contract-holder for the performance of every obligation owed to the contract-holder under the contract. 3 References in this Act to the landlord are to the persons who jointly constitute the landlord. CHAPTER 6 RIGHT TO OCCUPY WITHOUT INTERFERENCE Right to occupy without interference from landlord 54 1 The landlord under an occupation contract may not, by any act or omission, interfere with the contract-holder's right to occupy the dwelling. 2 The landlord does not interfere with the contract-holder's right to occupy the dwelling by reasonably exercising the landlord's rights under the contract. 3 The landlord does not interfere with the contract-holder's right to occupy the dwelling because of a failure to comply with repairing obligations (within the meaning of section 100(2)). 4 The landlord is to be treated as having interfered with the contract-holder's right if a person who— a acts on behalf of the landlord, or b has an interest in the dwelling, or part of it, that is superior to the landlord's interest, interferes with the contract-holder's right by any lawful act or omission. 5 This section is a fundamental provision which is incorporated as a term of all occupation contracts. CHAPTER 7 ANTI-SOCIAL BEHAVIOUR AND OTHER PROHIBITED CONDUCT Anti-social behaviour and other prohibited conduct 55 1 The contract-holder under an occupation contract must not engage or threaten to engage in conduct capable of causing nuisance or annoyance to a person with a right (of whatever description)— a to live in the dwelling subject to the occupation contract, or b to live in a dwelling or other accommodation in the locality of the dwelling subject to the occupation contract. 2 The contract-holder must not engage or threaten to engage in conduct capable of causing nuisance or annoyance to a person engaged in lawful activity— a in the dwelling subject to the occupation contract, or b in the locality of that dwelling. 3 The contract-holder must not engage or threaten to engage in conduct— a capable of causing nuisance or annoyance to— i the landlord under the occupation contract, or ii a person (whether or not employed by the landlord) acting in connection with the exercise of the landlord's housing management functions, and b that is directly or indirectly related to or affects the landlord's housing management functions. 4 The contract-holder may not use or threaten to use the dwelling subject to the occupation contract, including any common parts and any other part of a building comprising the dwelling, for criminal purposes. 5 The contract-holder must not, by any act or omission— a allow, incite or encourage any person who is living in or visiting the dwelling to act as mentioned in subsections (1) to (3), or b allow, incite or encourage any person to act as mentioned in subsection (4). 6 This section is a fundamental provision which is incorporated as a term of all occupation contracts; section 20 provides that this section— a must be incorporated, and b must not be incorporated with modifications. Power to amend section 55 56 The Welsh Ministers may by regulations amend section 55. CHAPTER 8 DEALING Rights to deal with occupation contract Permissible forms of dealing 57 1 The contract-holder under an occupation contract may not deal with the occupation contract, the dwelling or any part of the dwelling except— a in a way permitted by the contract, or b in accordance with a family property order (see section 251). 2 A joint contract-holder may not deal with his or her rights and obligations under the occupation contract (or with the occupation contract, the dwelling or any part of the dwelling), except— a in a way permitted by the contract, or b in accordance with a family property order. 3 If the contract-holder does anything in breach of subsection (1), or a joint contract-holder does anything in breach of subsection (2)— a the transaction is not binding on the landlord, and b the contract-holder or joint contract-holder is in breach of the contract (despite the transaction not being binding on the landlord). 4 “ Dealing ” includes— a creating a tenancy, or creating a licence which confers the right to occupy the dwelling; b transferring; c mortgaging or otherwise charging. 5 This section is a fundamental provision which is incorporated as a term of all occupation contracts. Dealing and landlord's consent 58 1 Where a term of an occupation contract permits the contract-holder or a joint contract-holder to deal with anything mentioned in section 57(1) or (2) only with the landlord's consent, what is reasonable for the purposes of section 84 (landlord's consent) is to be determined having regard to Schedule 6. 2 Section 19(1) of the Landlord and Tenant Act 1927 (c. 36) (effect of covenants not to assign etc. without consent) does not apply to a tenancy which is an occupation contract. Sub-occupation contracts Sub-occupation contracts: interpretation 59 1 This section applies for the purposes of interpreting this Act. 2 A “sub-occupation contract” is an occupation contract— a made with a landlord who is the contract-holder under an occupation contract, and b which relates to all or part of the dwelling to which that contract relates. 3 “ Sub-holder ” means the contract-holder under the sub-occupation contract. 4 “ Head landlord ” means the landlord under the head contract. Sub-occupation contract never takes effect as transfer 60 1 This section applies if the contract-holder under an occupation contract (“the head contract”) enters into a sub-occupation contract, and the term of the sub-occupation contract ends at the same time as the term of the head contract. 2 The sub-occupation contract takes effect as a sub-occupation contract (and not as a transfer to the sub-holder). Failure to comply with conditions imposed by head landlord 61 1 This section applies if an occupation contract (“the head contract”) permits the contract-holder to enter into a sub-occupation contract with the consent of the head landlord. 2 If the head landlord consents subject to conditions (see section 84), before entering into a sub-occupation contract with a person the contract-holder must notify that person of those conditions. 3 If the contract-holder does not comply with the requirement in subsection (2) and a sub-occupation contract is entered into, the contract-holder is to be treated as having committed a repudiatory breach of the sub-occupation contract (see section 154). 4 If the head landlord consents subject to conditions and a sub-occupation contract is entered into— a section 32 is to be read in relation to that contract as if it provides (in addition to the other requirements under that section) that the written statement of the sub-occupation contract must set out the conditions imposed by the head landlord, and b section 37 is to be read in relation to that contract as if it provides (in addition to the other provisions in that section)— i in subsection (1), that the sub-holder can apply to the court for a declaration that the written statement sets out a condition incorrectly or sets out a condition which the head landlord did not impose, ii that the head landlord is entitled to be a party to proceedings on the application, and iii that the court, if satisfied that either of the grounds in sub-paragraph (i) is made out, may make a declaration setting out the correct condition or, as the case may be, may declare that the condition is not a condition imposed by the head landlord. 5 A sub-occupation contract is not made otherwise than in accordance with the head contract only because— a the head landlord consents subject to conditions, and b the conditions are not complied with. 6 In such a case the head landlord may choose to treat the sub-occupation contract as a periodic standard contract having the following characteristics— a all the fundamental and supplementary provisions applicable to a periodic standard contract are incorporated without modification, b any terms of the secure contract or fixed term standard contract which are incompatible with those fundamental or supplementary provisions have no effect, and c otherwise, the terms of the periodic standard contract are the same as the terms of the secure contract or fixed term standard contract. 7 If the head landlord chooses to treat it as a periodic standard contract under subsection (6), the head landlord must notify the contract-holder and the sub-holder of that choice. 8 The head landlord may only give notice under subsection (7) after the sub-occupation contract is made and before the end of the period of two months starting with the day on which the head contract ends. 9 If the head landlord gives notice in accordance with subsections (7) and (8), the contract is to be treated as a periodic standard contract with the characteristics mentioned in subsection (6) in any question arising between the sub-holder and any person other than the contract-holder. End of head contract 62 1 This section applies (subject to subsection (6)) if— a the contract-holder under an occupation contract (“the head contract”) enters into a sub-occupation contract in accordance with the head contract, and b the head contract ends after the head contract's occupation date. 2 If the sub-occupation contract subsists immediately before the head contract ends— a the sub-occupation contract continues (as an occupation contract which is not a sub-occupation contract), and b the contract-holder's rights and obligations as landlord under the sub-occupation contract are transferred to the head landlord. 3 If the sub-holder asks the head landlord for a further written statement of the contract under section 31(4) (and subsection (5) of this section does not apply), the references to the contract-holder in sections 34(4) and 35(5) (failure to provide statement) include the person who was the contract-holder under the head contract. 4 Subsection (5) applies where— a a head landlord has given notice in accordance with section 61(7) and (8) in relation to a contract, and b the contract continues because of subsection (2)(a) of this section. 5 Where this subsection applies, for the purposes of section 31(1) (written statement of contract) the occupation date of the contract is to be treated— a if the notice mentioned in section 61(7) is given to the sub-holder before the end of the head contract, as the day on which the head contract ends; b if the notice is given to the sub-holder on or after the day on which the head contract ends, as the day on which the notice is given. 6 This section does not apply if the head contract is a fixed term standard contract which ends at the end of the fixed term. End of head contract: further provision 63 1 Nothing in section 62 affects any right of the head landlord under section 61(6) (power to treat sub-occupation contract as periodic standard contract). 2 Nothing in section 62 makes the head landlord liable to the sub-holder in respect of any breach of the sub-occupation contract committed by the contract-holder. 3 Nothing in section 62 makes the sub-holder liable to the head landlord in respect of any breach by the sub-holder of the sub-occupation contract that occurred before the head contract ended. 4 But the head landlord may be liable to the sub-holder, or the sub-holder to the head landlord, to the extent that any breach of the sub-occupation contract continues after the head contract ends. 5 Subsections (3) and (4) do not affect any power conferred on the head landlord by the sub-occupation contract. Possession claim against contract-holder where there is a sub-holder 64 1 This section applies if— a the contract-holder (“C”) under an occupation contract (“the head contract”) enters into a sub-occupation contract in accordance with the head contract, and b after the sub-occupation contract is entered into, C's landlord gives C a possession notice, or other notice informing C that he or she must give up possession. 2 At the same time as giving a notice mentioned in subsection (1)(b) to C, C's landlord must give the sub-holder a notice— a stating that C's landlord intends to make a possession claim against C, and b specifying the ground on which the claim will be made. Extended possession order against sub-holder 65 1 This section applies if— a the contract-holder (“C”) under an occupation contract (“the head contract”) enters into a sub-occupation contract in accordance with the head contract, and b after the sub-occupation contract is entered into, C's landlord makes a possession claim against C. 2 In the proceedings on the claim against C, C's landlord may apply for an order for possession against the sub-holder (“S”) (an “extended possession order”); but an application under this subsection may be made only if— a the requirements set out in subsection (3) have been met, or b the court considers it reasonable to dispense with those requirements. 3 The requirements are as follows— a C's landlord must have given S a notice in accordance with section 64(2) , and b at the same time, C's landlord must have given S notice— i of C's landlord's intention to apply for an extended possession order in the proceedings on the claim against C, and ii of S's right to be a party to proceedings on the possession claim against C. 4 Where C's landlord may apply for an extended possession order against S, S is entitled to be a party to proceedings on the possession claim against C (regardless of whether C's landlord makes an application for an extended possession order in the proceedings). 5 The court may consider C's landlord's application for an extended possession order only if it has decided to make an order for possession against C. 6 The court may make an extended possession order against S only if, had C made a possession claim against S, the court would have made an order for possession against S. Exclusion of contract-holder after abandoning contracts 66 1 This section applies if— a a contract-holder (“C”) under an occupation contract (“the head contract”) enters into a sub-occupation contract in accordance with the head contract, and b the sub-holder (“S”) believes that C no longer considers himself or herself to be a party to the head contract and the sub-occupation contract. 2 S may act to end the head contract in accordance with this section. 3 S must give C a notice— a stating that S believes that C no longer considers himself or herself to be a party to the head contract and the sub-occupation contract, b requiring C to inform S in writing before the end of the warning period if he or she does consider himself or herself to be a party to one or both of those contracts, and c informing C that after the warning period the head contract may be ended and his or her rights and obligations under the sub-occupation contract may be transferred to C's landlord. 4 S must give a copy of the notice to C's landlord. 5 During the warning period, S must make such inquiries as are necessary to satisfy himself or herself that C no longer considers himself or herself to be a party to the head contract and the sub-occupation contract. 6 At the end of the warning period S may, if satisfied as described in subsection (5), apply to the court for an order— a ending the head contract, and b that C's rights and obligations as landlord under the sub-occupation contract are to be transferred to C's landlord in accordance with sections 62 and 63. 7 The court may not hear S's application under subsection (6) if S has failed to comply with the requirement in subsection (4); but the court may dispense with that requirement if it considers it reasonable to do so. 8 C's landlord is entitled to be a party to proceedings on an application made by S under subsection (6). 9 If the court is satisfied that C does not consider himself or herself to be a party to the head contract and the sub-occupation contract, it may make the order applied for under subsection (6); and if it does so it must specify the date on which the head contract ends. 10 But the court may not make an order under subsection (9) if— a C's landlord is a party to the proceedings, b C's landlord asserts that the court would have made an order for possession against S, had an application for such an order been made by C in a possession claim made by C against S, and c the court is satisfied that it would have made an order for possession against S in those circumstances. 11 The warning period is the period of four weeks starting with the day on which a notice under subsection (3) is given to C. Excluded contract-holder's remedies 67 1 This section applies if the court makes an order against C under section 66(9). 2 Before the end of the period of six months starting with the day on which the order is made, C may apply to the court on a ground in subsection (3) for an order and declaration under subsection (4)(a). 3 The grounds are— a that S failed to give C a notice under section 66(3) or failed to make the inquiries required by section 66(5); b that C considered himself or herself to be a party to the head contract or the sub-occupation contract or both of them and there is a good reason for his or her failure to respond (or to respond adequately) to the notice under section 66(3); c that, when S applied to the court, he or she did not have reasonable grounds for being satisfied that C considered himself or herself not to be a party to the head contract and the sub-occupation contract. 4 If the court finds that one or more of the grounds is made out, it may— a by order rescind its order under section 66(9), and declare that the head contract continues to have effect in relation to the dwelling, and b make such further order as it thinks fit. Power to vary periods of time relating to exclusion after abandonment of contracts 68 The Welsh Ministers may by regulations— a amend section 66(11) by substituting a different period for the period for the time being referred to; b amend section 67(2) by substituting a different period for the period for the time being referred to. Transfer Form of transfer 69 1 This section applies (subject to subsection (6)) to— a a transfer of an occupation contract by the contract-holder; b a transfer by a joint contract-holder of his or her rights and obligations under an occupation contract. 2 The transfer must be signed or executed by each of the parties to the transfer. 3 If the contract requires the landlord's consent to the transfer, the transfer must also be signed or executed by the landlord. 4 But subsection (3) does not apply if the landlord is treated as having consented under section 84(6), (8) or (10). 5 A transfer to which this section applies is of no effect if it does not comply with subsection (2) and, if it applies, subsection (3). 6 This section does not apply to a transfer in accordance with a term included in the contract under section 139 or 142 (certain transfers of fixed term standard contracts). Effect of authorised transfer 70 1 If an occupation contract is transferred by the contract-holder to a person (“P”) in accordance with the contract and section 69, on the transfer date— a P becomes entitled to all the rights and subject to all the obligations of the contract-holder under the contract, and b the contract-holder ceases to be entitled to any rights or subject to any obligations under the contract. 2 If a joint contract-holder's rights and obligations under an occupation contract are transferred to a person (“P”) in accordance with the contract and section 69, on the transfer date— a P becomes entitled to all the rights and subject to all the obligations of the joint contract-holder under the contract, and b the joint contract-holder ceases to be entitled to any rights or subject to any obligations under the contract. 3 Subsection (2)(a) is subject to any term included in the contract because of section 141(3) or 142(3) (fixed term standard contracts: transfers of joint contract-holder's interest). 4 Nothing in subsection (1)(b) or (2)(b) removes any right or waives any liability accruing before the transfer date. 5 The transfer date is the day agreed by the contract-holder and P as the day on which the transfer takes effect. Effect of unauthorised transfer 71 1 This section applies to— a a transfer of an occupation contract by the contract-holder to a person (“P”) which is not in accordance with the contract, and b a transfer by a joint contract-holder of his or her rights and obligations under an occupation contract to a person (“P”) which is not in accordance with the contract. 2 If the landlord accepts payments from P in respect of P's occupation of the dwelling, at a time when the landlord (or in the case of joint landlords, any one of them)— a knows that the transfer was not made in accordance with the contract, or b ought reasonably to know that the transfer was not made in accordance with the contract, the transfer becomes binding on the landlord on the day immediately after the last day of the relevant period. 3 Section 70 applies as if— a the transfer was made in accordance with the contract and section 69, and b the transfer date was the day immediately after the last day of the relevant period. 4 The relevant period is the period of two months starting with the day on which payments are first accepted as described in subsection (2). 5 Subsections (2) and (3) do not apply if before the end of the relevant period the landlord— a takes steps to end the occupation contract, or b brings proceedings to evict P as a trespasser or otherwise shows an intention to treat P as a trespasser. 6 References in this section to a transfer include a purported transfer which does not comply with section 69. Deeds and covenants 72 1 This section applies in relation to occupation contracts which are tenancies. 2 Section 52 of the Law of Property Act 1925 (c. 20) (land must be conveyed by deed) does not apply to a transfer of the contract. 3 The Landlord and Tenant (Covenants) Act 1995 (c. 30) does not apply to— a a transfer by a contract-holder of any of the things mentioned in section 57(1), or by a joint contract-holder of any of the things mentioned in section 57(2), or b a transfer which under section 28(6)(b) of that Act would be treated as an assignment of the premises. Succession Succession on death 73 1 This section applies on the death of the sole contract-holder under an occupation contract (subject to section 139(2), which concerns fixed term standard contracts containing certain provision about transfer on the death of a sole contract-holder). 2 If one person is qualified to succeed the contract-holder that person succeeds to the contract. 3 If more than one person is qualified to succeed the contract-holder, the person identified in accordance with section 78 succeeds to the contract. Persons qualified to succeed 74 1 A person is qualified to succeed the contract-holder if that person— a is a priority successor of the contract-holder or a reserve successor of the contract-holder, and b is not excluded by subsection (3) or (4). 2 But if the contract-holder was a reserve successor in relation to the occupation contract, no person is qualified to succeed him or her. 3 A person is excluded if he or she has not reached the age of 18 at the time of the contract-holder's death. 4 A person is excluded if at any time in the period of 12 months ending with the contract-holder's death he or she occupied the dwelling or part of it under a sub-occupation contract. 5 A person is not excluded by subsection (4) if— a he or she is a priority successor of the contract-holder, or he or she is a reserve successor of the contract-holder who meets the family member condition in section 76(2) because of section 250(1)(a) or (b) (spouses, civil partners etc.), and b the sub-occupation contract under which he or she occupied the dwelling or part of it ended before the contract-holder's death. Priority successor 75 1 A person is a priority successor of the contract-holder if— a he or she— i is the spouse or civil partner of the contract-holder, or ii lives together with the contract-holder as if they were spouses or civil partners, and b he or she occupied the dwelling as his or her only or principal home at the time of the contract-holder's death. 2 But no person is a priority successor of the contract-holder if the contract-holder was a priority successor in relation to the occupation contract. Reserve successor: family member 76 1 A person is a reserve successor of the contract-holder if he or she is not a priority successor of the contract-holder and— a he or she meets the family member condition, b he or she occupied the dwelling as his or her only or principal home at the time of the contract-holder's death, and c if he or she meets the family member condition because of section 250(1)(c) (family members other than spouses, civil partners etc.), he or she also meets the basic residence condition. 2 A person meets the family member condition if he or she is a member of the contract-holder's family. 3 A person meets the basic residence condition if throughout the period of 12 months ending with the contract-holder's death— a he or she occupied the dwelling, or b he or she lived with the contract-holder. 4 If the contract-holder was a priority successor in relation to the occupation contract, the references in subsections (2) and (3)(b) to the contract-holder include the person the contract-holder succeeded. Reserve successor: carer 77 1 A person is a reserve successor of the contract-holder if he or she is not a priority successor of the contract-holder and— a he or she meets the carer condition, b he or she occupied the dwelling as his or her only or principal home at the time of the contract-holder's death, and c he or she meets the carer residence condition. 2 A person meets the carer condition if at any time in the period of 12 months ending with the contract-holder's death he or she was a carer in relation to— a the contract-holder, or b a member of the contract-holder's family who, at the time the care was provided, lived with the contract-holder. 3 If the contract-holder was a priority successor in relation to the occupation contract, the references in subsection (2) to the contract-holder include the person the contract-holder succeeded. 4 A person meets the carer residence condition if— a he or she meets the basic residence condition, as set out in section 76(3) and (4), and b at the time of the contract-holder's death there was no other dwelling which the person was entitled to occupy as a home. 5 “ Carer ” means a person who— a provides or intends to provide a substantial amount of care for another person on a regular basis, and b does not provide or will not provide that care because of a contract of employment or other contract with any person. 6 A person does not provide care because of a contract merely because he or she is given board or lodging or because he or she may become qualified to succeed as a reserve successor. More than one qualified successor 78 1 This section applies where there is more than one person who is qualified to succeed the contract-holder. 2 If one of the persons is a priority successor, the priority successor succeeds to the contract. 3 If two or more of the persons are priority successors, the person who succeeds to the contract is (or the persons who succeed to the contract are)— a the priority successor (or successors) selected by agreement between the priority successors, or b if they fail to agree (or fail to notify the landlord of an agreement) within a reasonable time, whichever of them the landlord selects. 4 If all the persons are reserve successors, the person who succeeds to the contract is (or the persons who succeed to the contract are)— a the person (or persons) selected by agreement between the reserve successors, or b if they fail to agree (or fail to notify the landlord of an agreement) within a reasonable time, whichever of them the landlord selects. 5 Where the landlord makes a selection under subsection (3)(b), a priority successor who is not selected may appeal to the court against the landlord's selection. 6 Where the landlord makes a selection under subsection (4)(b), a reserve successor who is not selected may appeal to the court against the landlord's selection. 7 An appeal under subsection (5) or (6) must be brought before the end of the period of four weeks starting with the day on which the landlord notifies the person that he or she has not been selected. 8 The court must determine the appeal on the merits (and not by way of review). Effect of succession 79 1 A person who succeeds to an occupation contract under section 73(2) or sections 73(3) and 78(2) becomes the contract-holder on the relevant date. 2 A person who succeeds (or persons who succeed) to an occupation contract under sections 73(3) and 78(3) or (4) becomes a contract-holder (or become contract-holders) on the later of— a the relevant date, and b the day agreement is reached or the landlord makes a selection. 3 A person who succeeds (or persons who succeed) to an occupation contract after an appeal under section 78(5) or (6) against the landlord's selection becomes a contract-holder (or become contract-holders) on the later of— a the relevant date, and b the day on which the appeal is finally determined. 4 The relevant date is the day on which the contract would have ended under section 155 if no one had been qualified to succeed to the contract. 5 During the period beginning with the relevant date and ending with a person (or persons) becoming the contract-holder under subsection (2) or (3), the relevant successors— a are not to be treated as trespassers in relation to the dwelling, and b for the purposes of any liability under the contract are to be treated as if they were joint contract-holders under the contract. 6 “The relevant successors” are the persons who— a are qualified to succeed the contract-holder who died, and b are living in the dwelling. Substitute succession on early termination 80 1 This section applies where— a a person (“S”) succeeds to an occupation contract under section 78(2) (priority successors), b before the end of the period of six months starting with the death of the preceding contract-holder, S gives notice under a contract-holder's notice provision that he or she intends to end the contract or agrees with the landlord that the contract should end, and c apart from this section, the contract would end in accordance with the contract-holder's notice provision or the agreement. 2 The contract does not end if one or more persons are qualified to succeed the preceding contract-holder. 3 If one person is qualified to succeed the preceding contract-holder, that person succeeds to the contract. 4 If more than one person is qualified to succeed the preceding contract-holder, the person identified in accordance with section 78(4) succeeds to the contract. 5 Whether there is a person qualified to succeed the preceding contract-holder is to be determined by applying section 74 in relation to the preceding contract-holder; but S is to be treated as not qualified to succeed the preceding contract-holder. 6 In this section— “ the preceding contract-holder ” (“ y deiliad contract blaenorol ”) is the contract-holder as a result of whose death S succeeded to the contract, and “ contract-holder's notice provision ” (“ darpariaeth hysbysiad deiliad y contract ”) means section 163 or 168 (contract-holder's notice to end secure contract or periodic standard contract) or a contract-holder's break clause (under a fixed term standard contract). Effect of substitute succession 81 1 A person who succeeds to an occupation contract under section 80(3) becomes the contract-holder on the relevant date. 2 A person who succeeds (or persons who succeed) to an occupation contract under sections 80(4) and 78(4) becomes a contract-holder (or become contract-holders) under the contract on the later of— a the relevant date, and b the day agreement is reached or the landlord makes a selection. 3 A person who succeeds (or persons who succeed) to an occupation contract after an appeal under section 78(6) against the landlord's selection becomes a contract-holder (or become contract-holders) on the later of— a the relevant date, and b the day on which the appeal is finally determined. 4 The relevant date is the day on which, but for section 80(2), the contract would have ended. 5 During the period beginning with the relevant date and ending with a person (or persons) becoming the contract-holder under subsection (2) or (3), the relevant successors— a are not to be treated as trespassers in relation to the dwelling, and b for the purposes of any liability under the contract are to be treated as if they were joint contract-holders under the contract. 6 “The relevant successors” are the persons who— a are qualified to succeed the contract-holder who died (and as a result of whose death the succession under section 78(2)) occurred), and b are living in the dwelling. Notice of rights under section 80 82 1 This section applies where the landlord under an occupation contract— a receives notice under a contract-holder's notice provision, or b agrees with the contract-holder to end the contract, in the circumstances mentioned in section 80(1)(a) and (b). 2 The landlord must, before the end of the period of 14 days starting with the day on which the landlord receives S's notice or (as the case may be) the day on which the agreement is made, give a notice to— a the occupiers of the dwelling (other than S), and b any potential successors not occupying the dwelling whose address is known to the landlord (or in the case of joint landlords, any one of them). 3 A potential successor is a person qualified to succeed the preceding contract-holder under section 80. 4 The notice must— a state that S has given notice that he or she intends to end the contract or that S and the landlord have agreed to end the contract, and b explain the effect of section 80. Succession: interpretation 83 1 This section applies for the purposes of interpreting this Act. 2 A contract-holder is a priority or reserve successor in relation to an occupation contract if he or she succeeded to the contract as a priority or reserve successor of the contract-holder in relation to that occupation contract who died. 3 If a contract-holder is a priority or reserve successor in relation to a fixed term standard contract, he or she is also a priority or reserve successor in relation to— a any periodic standard contract which arises under section 184(2) at the end of the fixed term, and b unless the contract provides otherwise, any contract under section 184(6). 4 If a contract-holder is a priority or reserve successor in relation to an occupation contract which is ended under section 220 (abandonment), he or she is also a priority or reserve successor in relation to any occupation contract under which he or she becomes the contract-holder as a result of an order under section 222(3)(b) (provision of suitable alternative accommodation on appeal). 5 A contract-holder to whom an occupation contract is transferred by, or in accordance with, a family property order is a priority or reserve successor in relation to the contract if the person from whom the contract was transferred was such a successor. 6 A contract-holder is a priority or reserve successor in relation to an occupation contract if his or her being treated as a priority or reserve successor was a condition of consent to a transaction relating to the contract. 7 Subsection (8) applies if, before the end of the period of six months starting with the day on which a secure contract (“the first contract”) ends— a the contract-holder under the first contract becomes a contract-holder under another secure contract ( “ the second contract ” ), and b either the dwelling or the landlord are the same under the second contract as under the first contract. 8 If the contract-holder was a priority or reserve successor in relation to the first contract he or she is also such a successor in relation to the second contract, unless the second contract provides otherwise. CHAPTER 9 LANDLORD'S CONSENT Landlord's consent: reasonableness 84 1 This section applies in relation to any term of an occupation contract which permits something to be done only with the landlord's consent. 2 The landlord may not— a unreasonably refuse consent, or b consent subject to unreasonable conditions. 3 A request for the landlord's consent must be made in writing, and references in this section to a request are to a written request. 4 The landlord may ask for information to enable the landlord to deal with a request; but the landlord may not do so after the end of the period of 14 days starting with the day on which the request is made. 5 If the landlord asks for information which it is not reasonable to ask for, the landlord is to be treated as not having asked for that information. 6 If the landlord does not give or refuse consent in writing before the end of the relevant period, the landlord is to be treated as having consented without conditions. 7 The relevant period is the period of one month starting with the later of— a the day on which the request for consent is made, or b if the landlord asks for information in accordance with subsection (4), the day on which the information is provided. 8 If the landlord consents subject to conditions, the landlord must give the contract-holder written notice of the conditions at the same time that consent is given; and if the landlord does not do so, the landlord is to be treated as having consented without conditions. 9 If the landlord refuses consent or consents subject to conditions, the person who made the request may ask for a written statement of the landlord's reasons. 10 If the landlord does not give a written statement of reasons before the end of the period of one month starting with the day on which the statement is asked for, the landlord is to be treated as having consented without conditions. Application to court relating to consent 85 1 This section applies where under section 84 the landlord gives a written statement of reasons for refusing consent or consenting subject to conditions. 2 The person who made the request for consent may apply to the court on the ground that— a the landlord's refusal of consent is unreasonable, or b one or more of the conditions imposed is unreasonable. 3 If the court is satisfied that the ground in subsection (2)(a) is made out it may declare that the landlord unreasonably refused consent, and may also— a declare that the landlord is to be treated as having consented without conditions, or b direct the landlord to reconsider the request for consent. 4 If the court is satisfied that the ground in subsection (2)(b) is made out it may declare that one or more of the conditions imposed is unreasonable, and may also— a declare that the landlord is to be treated as having consented without conditions or subject to those conditions that were not declared unreasonable, or b direct the landlord to reconsider the request for consent. 5 If the court makes a declaration under subsection (3) or (4) it may make any other order it thinks fit. Landlord's consent: timing 86 1 Where a term of an occupation contract permits something to be done with the landlord's consent, the landlord may give consent after the thing has been done. 2 But this does not apply to— a section 49 (adding a joint contract-holder), or b any term of the occupation contract permitting the transfer of the contract, or of a joint contract-holder's rights and obligations under the contract. CHAPTER 10 COMPENSATION Compensation for failures relating to provision of written statements etc. 87 1 The following sections set out the circumstances in which a landlord may be liable to pay compensation under this section— a section 35 (failure to provide a written statement under section 31); b section 36 (providing an incomplete written statement); c section 37 (providing an incorrect written statement); d section 40 (failure to provide information under section 39); e section 110 (failure to provide written statement of variation of secure contract); f section 129 (failure to provide written statement of variation of periodic standard contract); g section 137 (failure to provide written statement of variation of fixed term standard contract). 2 Where the landlord under an occupation contract is liable to pay compensation to the contract-holder under this section, the amount of compensation payable in respect of a particular day is equivalent to the amount of rent payable under the contract in respect of that day. 3 If the contract provides for rent to be paid in respect of periods other than a day, the amount of rent payable in respect of a single day is the appropriate proportion of the rent payable in respect of the period in which that day falls. 4 If compensation is payable because of section 35, 110, 129 or 137 (failure to provide statement), the contract-holder may apply to the court for an order increasing the amount of the compensation on the ground that the landlord's failure to provide a written statement was intentional. 5 If compensation is payable because of section 36 or 37 (incomplete or incorrect statement), the contract-holder may apply to the court for an order increasing the amount of the compensation. 6 On an application under subsection (4) or (5) the court may increase the amount of the compensation payable in respect of a particular day by such percentage, not exceeding 100 per cent, as it thinks fit. Right of set off 88 1 If the landlord under an occupation contract is liable to pay the contract-holder compensation under section 87, the contract-holder may set off that liability against rent. 2 This section is a fundamental provision which is incorporated as a term of all occupation contracts. PART 4 CONDITION OF DWELLING CHAPTER 1 INTRODUCTORY Application of Part 89 1 Chapter 2 applies to all secure contracts, all periodic standard contracts, and all fixed term standard contracts made for a term of less than seven years (see section 90). 2 Chapter 3 applies to all occupation contracts. Fixed term standard contracts: determining the length of term 90 1 This section applies for the purpose of determining the term for which a fixed term standard contract is made. 2 If a fixed term standard contract is a tenancy, it is to be treated as made for a term commencing with the grant of the tenancy. 3 If a fixed term standard contract is a licence, it is to be treated as made for a term commencing with the occupation date of the contract. 4 A fixed term standard contract is to be treated as made for a term of less than seven years if it is determinable at the option of the landlord before the end of the period of seven years starting with the commencement of the term. 5 If a fixed term standard contract confers on the contract-holder an option for renewal for a term which, together with the original term, amounts to seven years or more, it is not to be treated as made for a term of less than seven years (unless subsection (4) applies). CHAPTER 2 CONDITION OF DWELLING (THIS CHAPTER APPLIES TO ALL SECURE CONTRACTS, ALL PERIODIC STANDARD CONTRACTS, AND ALL FIXED TERM STANDARD CONTRACTS MADE FOR A TERM OF LESS THAN SEVEN YEARS) Landlord's obligations as to condition of dwelling Landlord's obligation: fitness for human habitation 91 1 The landlord under a secure contract, a periodic standard contract or a fixed term standard contract made for a term of less than seven years must ensure that the dwelling is fit for human habitation— a on the occupation date of the contract, and b for the duration of the contract. 2 The reference in subsection (1) to the dwelling includes, if the dwelling forms part only of a building, the structure and exterior of the building and the common parts. 3 This section is a fundamental provision which is incorporated as a term of all secure contracts, all periodic standard contracts, and all fixed term standard contracts made for a term of less than seven years. Landlord's obligation to keep dwelling in repair 92 1 The landlord under a secure contract, a periodic standard contract or a fixed term standard contract made for a term of less than seven years must— a keep in repair the structure and exterior of the dwelling (including drains, gutters and external pipes), and b keep in repair and proper working order the service installations in the dwelling. 2 If the dwelling forms part only of a building, the landlord must— a keep in repair the structure and exterior of any other part of the building (including drains, gutters and external pipes) in which the landlord has an estate or interest, and b keep in repair and proper working order a service installation which directly or indirectly serves the dwelling, and which either— i forms part of any part of the building in which the landlord has an estate or interest, or ii is owned by the landlord or is under the landlord's control. 3 The standard of repair required by subsections (1) and (2) is that which is reasonable having regard to the age and character of the dwelling, and the period during which the dwelling is likely to be available for occupation as a home. 4 In this Part, “ service installation ” means an installation for the supply of water, gas or electricity, for sanitation, for space heating or for heating water. 5 This section is a fundamental provision which is incorporated as a term of all secure contracts, all periodic standard contracts, and all fixed term standard contracts made for a term of less than seven years. Obligations under sections 91 and 92: supplementary 93 1 The landlord must make good any damage caused by works and repairs carried out in order to comply with the landlord's obligations under section 91 or 92. 2 The landlord may not impose any obligation on the contract-holder in the event of the contract-holder's enforcing or relying on the landlord's obligations under section 91 or 92. 3 This section is a fundamental provision which is incorporated as a term of all secure contracts, all periodic standard contracts, and all fixed term standard contracts made for a term of less than seven years. Determination of fitness for human habitation 94 1 The Welsh Ministers must prescribe matters and circumstances to which regard must be had when determining, for the purposes of section 91(1), whether a dwelling is fit for human habitation. 2 In exercising the power in subsection (1), the Welsh Ministers may prescribe matters and circumstances— a by reference to any regulations made by the Welsh Ministers under section 2 of the Housing Act 2004 (c. 34) (meaning of “ category 1 hazard ” and “ category 2 hazard ”); b which may arise because of a failure to comply with an obligation under section 92. 3 The Welsh Ministers may by regulations— a impose requirements on landlords for the purpose of preventing any matters or circumstances which may cause a dwelling to be unfit for human habitation from arising; b prescribe that if requirements imposed under paragraph (a) are not complied with in respect of a dwelling, the dwelling is to be treated as if it were unfit for human habitation. Limits on landlord's obligations under this Chapter Limits on sections 91 and 92: general 95 1 Section 91(1) does not impose any liability on a landlord in respect of a dwelling which the landlord cannot make fit for human habitation at reasonable expense. 2 Sections 91(1) and 92(1) do not require the landlord— a to keep in repair anything which the contract-holder is entitled to remove from the dwelling, or b to rebuild or reinstate the dwelling or any part of it, in the case of destruction or damage by a relevant cause. 3 If the dwelling forms part only of a building, sections 91(1) and 92(2) do not require the landlord to rebuild or reinstate any other part of the building in which the landlord has an estate or interest, in the case of destruction or damage by a relevant cause. 4 Relevant causes are fire, storm, flood or other inevitable accident. 5 Section 92(2) does not require the landlord to carry out works or repairs unless the disrepair or failure to keep in proper working order affects the contract-holder's enjoyment of— a the dwelling, or b the common parts that the contract-holder is entitled to use under the occupation contract. 6 This section is a fundamental provision which is incorporated as a term of all secure contracts, all periodic standard contracts, and all fixed term standard contracts made for a term of less than seven years. Limits on sections 91 and 92: contract-holder's fault 96 1 Section 91(1) does not impose any liability on the landlord if the dwelling is unfit for human habitation wholly or mainly because of an act or omission (including an act or omission amounting to lack of care) of the contract-holder or a permitted occupier of the dwelling. 2 The landlord is not obliged by section 92(1) or (2) to carry out works or repairs if the disrepair, or the failure of a service installation to be in working order, is wholly or mainly attributable to lack of care by the contract-holder or a permitted occupier of the dwelling. 3 “ Lack of care ” means a failure to take proper care— a of the dwelling, or b if the dwelling forms part only of a building, of the common parts that the contract-holder is entitled to use under the occupation contract. 4 This section is a fundamental provision which is incorporated as a term of all secure contracts, all periodic standard contracts, and all fixed term standard contracts made for a term of less than seven years. Limits on sections 91 and 92: notice 97 1 The landlord's obligations under sections 91(1)(b) and 92(1) and (2) do not arise until the landlord (or in the case of joint landlords, any one of them) becomes aware that works or repairs are necessary. 2 The landlord complies with the obligations under those provisions if the landlord carries out the necessary works or repairs within a reasonable time after the day on which the landlord becomes aware that they are necessary. 3 Subsection (4) applies if— a the landlord (the “old landlord”) transfers the old landlord's interest in the dwelling to another person (the “new landlord”), and b the old landlord (or where two or more persons jointly constitute the old landlord, any one of them) is aware before the date of the transfer that works or repairs are necessary in order to comply with section 91(1) or 92(1) or (2). 4 The new landlord is to be treated as becoming aware of the need for those works or repairs on the date of the transfer, but not before. 5 This section is a fundamental provision which is incorporated as a term of all secure contracts, all periodic standard contracts, and all fixed term standard contracts made for a term of less than seven years. Access to dwellings and rights of permitted occupiers Landlord's right to access dwelling 98 1 The landlord may enter the dwelling at any reasonable time for the purpose of— a inspecting its condition and state of repair, or b carrying out works or repairs needed in order to comply with section 91 or 92. 2 The landlord must give at least 24 hours' notice to the contract-holder before exercising that right. 3 Subsection (4) applies where— a the dwelling forms part only of a building, and b in order to comply with section 91 or 92 the landlord needs to carry out works or repairs in another part of the building. 4 The landlord is not liable for failing to comply with section 91 or 92 if the landlord does not have sufficient rights over that other part of the building to be able to carry out the works or repairs, and was unable to obtain such rights after making a reasonable effort to do so. 5 This section is a fundamental provision which is incorporated as a term of all secure contracts, all periodic standard contracts, and all fixed term standard contracts made for a term of less than seven years. Rights of permitted occupiers to enforce Chapter 99 1 A permitted occupier who suffers personal injury, or loss of or damage to personal property, as a result of the landlord failing to comply with section 91 or 92 may enforce the section in question in his or her own right by bringing proceedings in respect of the injury, loss or damage. 2 But a permitted occupier who is a lodger or sub-holder may do so only if the lodger is allowed to live in the dwelling, or the sub-occupation contract is made, in accordance with the occupation contract. 3 This section is a fundamental provision which is incorporated as a term of all secure contracts, periodic standard contracts, and fixed term standard contracts made for a term of less than seven years. CHAPTER 3 MISCELLANEOUS (THIS CHAPTER APPLIES TO ALL OCCUPATION CONTRACTS) Specific performance 100 1 In any proceedings for breach of a repairing obligation under an occupation contract, the court may order specific performance of the obligation despite any equitable rule limiting the availability of that remedy. 2 Repairing obligations are— a obligations to repair (or keep or deliver up in repair), or to maintain, renew, construct or replace any property, and b obligations to keep any dwelling fit for human habitation however expressed, and include a landlord's obligations under sections 91 and 92. Waste and tenant-like user 101 1 The contract-holder under an occupation contract is not liable for waste in respect of the dwelling. 2 The rule of law under which a tenant has an implied duty to use demised premises in a tenant-like manner does not apply to a contract-holder if the tenancy is an occupation contract. PART 5 PROVISIONS APPLYING ONLY TO SECURE CONTRACTS CHAPTER 1 OVERVIEW Overview of Part 102 1 Chapters 1 to 5 of this Part apply only to secure contracts, and address— a variation of secure contracts, b withdrawal of joint contract-holders, c dealing (that is, taking a lodger and transferring the contract), and d the imposition of prohibited conduct standard contracts (where the landlord is a community landlord or registered charity). 2 Chapter 6 contains a fundamental provision about transfer of a secure contract to a person who is a contract-holder under another secure contract; this fundamental provision is applicable to secure contracts under which the landlord is a community landlord. CHAPTER 2 VARIATION OF CONTRACTS Variation 103 1 A secure contract may not be varied except— a in accordance with sections 104 to 107, or b by or as a result of an enactment. 2 A variation of a secure contract (other than by or as a result of any enactment) must be in accordance with section 108. 3 This section is a fundamental provision which is incorporated as a term of all secure contracts; section 20 provides that subsections (1)(b) and (2) of this section— a must be incorporated, and b must not be incorporated with modifications. Variation of rent 104 1 The landlord may vary the rent payable under a secure contract by giving the contract-holder a notice setting out a new rent to take effect on the date specified in the notice. 2 The period between the day on which the notice is given to the contract-holder and the specified date may not be less than two months. 3 Subject to that— a the first notice may specify any date, and b subsequent notices must specify a date which is not less than one year after the last date on which a new rent took effect. 4 This section is a fundamental provision which is incorporated as a term of all secure contracts under which rent is payable , except a secure contract which is a housing association tenancy . Variation of other consideration 105 1 Where consideration other than rent is payable under a secure contract, the amount of consideration may be varied— a by agreement between the landlord and the contract-holder, or b by the landlord in accordance with subsections (2) to (4). 2 The landlord may give the contract-holder a notice setting out a new amount of consideration to take effect on the date specified in the notice. 3 The period between the day on which the notice is given to the contract-holder and the specified date may not be less than two months. 4 Subject to that— a the first notice may specify any date, and b subsequent notices must specify a date which is not less than one year after the last date on which a new amount of consideration took effect. 5 This section is a fundamental provision which is incorporated as a term of all secure contracts under which consideration other than rent is payable. Variation of fundamental terms 106 1 A fundamental term of a secure contract may be varied by agreement between the landlord and the contract-holder (subject to section 108). 2 This section is a fundamental provision which is incorporated as a term of all secure contracts. Variation of supplementary and additional terms 107 1 A supplementary or additional term of a secure contract may be varied (subject to section 108)— a by agreement between the landlord and the contract-holder, or b by the landlord giving a notice of variation to the contract-holder. 2 Before giving a notice of variation the landlord must give the contract-holder a preliminary notice— a informing the contract-holder that the landlord intends to give a notice of variation, b specifying the proposed variation and informing the contract-holder of its nature and effect, and c inviting the contract-holder to comment on the proposed variation within the time specified in the notice. 3 The specified time must give the contract-holder a reasonable opportunity to comment. 4 The notice of variation must specify the variation effected by it and the date on which the variation takes effect. 5 The period between the day on which the notice of variation is given to the contract-holder and the date on which the variation takes effect may not be less than one month. 6 When giving a notice of variation the landlord must also provide the contract-holder with such information as the landlord considers necessary to inform the contract-holder of the nature and effect of the variation. 7 This section is a fundamental provision which is incorporated as a term of all secure contracts. Limitation on variation 108 1 A fundamental term of a secure contract incorporating any of the fundamental provisions to which subsection (2) applies may not be varied (except by or as a result of an enactment). 2 This subsection applies to the following fundamental provisions— a section 103(1)(b) and (2) and this section, b section 45 (requirement to use deposit scheme), c section 52 (joint contract-holder ceasing to be a party to the occupation contract), d section 55 (anti-social behaviour and other prohibited conduct), e section 148 (permissible termination), f section 149 (possession claims), g section 155 (death of sole contract-holder), and h section 158 (securing contract by use of false statement). 3 A variation of any other fundamental term (other than by or as a result of an enactment) is of no effect— a unless as a result of the variation— i the fundamental provision which the term incorporates would be incorporated without modification, or ii the fundamental provision which the term incorporates would not be incorporated or would be incorporated with modification, but ... the effect of this would be that the position of the contract-holder is improved; b if the variation (regardless of whether it is within paragraph (a)) would render the fundamental term incompatible with a fundamental term which incorporates a fundamental provision to which subsection (2) applies. 4 A variation of a term of a secure contract is of no effect if it would render any term of the contract incompatible with a fundamental term (unless that fundamental term is also varied in accordance with this section in a way that would avoid the incompatibility). 5 Subsection (4) does not apply to a variation made by or as a result of an enactment. 6 This section is a fundamental provision which is incorporated as a term of all secure contracts; section 20 provides that this section— a must be incorporated, and b must not be incorporated with modifications. Written statement of variation 109 1 If a secure contract is varied in accordance with the contract or by or as a result of an enactment the landlord must, before the end of the relevant period, give the contract-holder— a a written statement of the term or terms varied, or b a written statement of the occupation contract as varied, unless the landlord has given notice of the variation in accordance with section 104, 105(2) to (4) or 107(1)(b) and (2) to (6). 2 The relevant period is the period of 14 days starting with the day on which the contract is varied. 3 The landlord may not charge a fee for providing a written statement under subsection (1). 4 This section is a fundamental provision which is incorporated as a term of all secure contracts. Failure to provide written statement etc. 110 1 If the landlord fails to comply with a requirement under section 109 the landlord is liable to pay the contract-holder compensation under section 87. 2 The compensation is payable in respect of the relevant date and every day after the relevant date until— a the day on which the landlord gives the contract-holder a written statement of the term or terms varied, or of the contract as varied, or b if earlier, the last day of the period of two months starting with the relevant date. 3 Interest on the compensation is payable if the landlord fails to give the contract-holder a written statement on or before the day referred to in subsection (2)(b). 4 The interest starts to run on the day referred to in subsection (2)(b) at the rate prevailing under section 6 of the Late Payment of Commercial Debts (Interest) Act 1998 (c. 20) at the end of that day. 5 The relevant date is the day on which the contract was varied. 6 Subsections (1) to (5) do not apply if the landlord's failure to comply with the requirement is attributable to an act or omission of the contract-holder. 7 If under section 109 the landlord gives the contract-holder a written statement of the contract as varied, sections 36 and 37 (incomplete and incorrect statements) apply to the statement as if , in subsection (3) of both of those sections, for the words from “starting” to the end there were substituted “ starting with the day on which the contract was varied ” . CHAPTER 3 JOINT CONTRACT-HOLDERS: WITHDRAWAL Withdrawal 111 1 A joint contract-holder under a secure contract may withdraw from the contract by giving a notice (a “withdrawal notice”) to the landlord. 2 The withdrawal notice must specify the date on which the joint contract-holder intends to cease to be a party to the contract (the “withdrawal date”). 3 The joint contract-holder must give a written warning to the other joint contract-holders when he or she gives the withdrawal notice to the landlord; and a copy of the withdrawal notice must be attached to the warning. 4 The landlord must give a written warning to the other joint contract-holders as soon as reasonably practicable after the landlord receives the withdrawal notice; and a copy of the withdrawal notice must be attached to the warning. 5 The joint contract-holder ceases to be a party to the contract on the withdrawal date. 6 A notice given to the landlord by one or more (but not all) of the joint contract-holders that purports to be a notice under section 163 (contract-holder's notice to end contract) is to be treated as a withdrawal notice, and the date specified in the notice is to be treated as the withdrawal date. 7 Subsection (3) does not apply to a notice which is treated as a withdrawal notice because of subsection (6). 8 This section is a fundamental provision which is incorporated as a term of all secure contracts. Withdrawal: power to prescribe time limits 112 The Welsh Ministers must prescribe supplementary provisions specifying a minimum time period between the date on which a notice under section 111 is given to the landlord, and the date specified in the notice. CHAPTER 4 DEALING Lodgers Lodgers 113 1 The contract-holder under a secure contract may allow persons to live in the dwelling as lodgers. 2 This section is a fundamental provision which is incorporated as a term of all secure contracts. Transfers Transfer to potential successor 114 1 The contract-holder under a secure contract may transfer the contract as described in this section, but only if the landlord consents. 2 The contract-holder may transfer the contract to— a a potential successor, or b if there are two or more potential successors, all of the potential successors who wish to be included in the transfer. 3 If there is a sole contract-holder a potential successor is a person who, under section 74, would be qualified to succeed the contract-holder if the contract-holder died immediately before the transfer. 4 If there are joint contract-holders a potential successor is a person who, under section 74, would be qualified to succeed a joint contract-holder if— a the joint contract-holder died immediately before the transfer, and b when the joint contract-holder died he or she was the sole contract-holder. 5 This section is a fundamental provision which is incorporated as a term of all secure contracts. Transfer to a potential successor: landlord's consent 115 Where a landlord refuses consent or consents subject to conditions to a transfer described in section 114, what is reasonable for the purposes of section 84 (landlord's consent) is to be determined having regard to Schedule 6. CHAPTER 5 PROHIBITED CONDUCT STANDARD CONTRACTS Order imposing periodic standard contract because of prohibited conduct 116 1 If the landlord under a secure contract is a community landlord or a registered charity, the landlord may apply to the court for an order under this section on the ground that the contract-holder is in breach of section 55 (anti-social behaviour and other prohibited conduct). 2 The effect of an order under this section is— a to end the secure contract from a date specified in the order, and b if the contract-holder remains in occupation after the specified date, to create a periodic standard contract whose occupation date is the date specified in the order (and which is a periodic standard contract until the end of the probationary period). 3 The court may make an order under this section only if it is satisfied that— a the contract-holder is in breach of section 55, b it would have made an order for possession on the ground in section 157 (breach of contract) in reliance only on that breach, c the landlord will make available to the contract-holder a programme of social support the aim of which is the prevention of prohibited conduct, and d it is reasonable to make the order. 4 The Welsh Ministers may issue guidance as to the activities and services (including assistance, advice and counselling services) that may be included in a programme of social support for the purposes of subsection (3). 5 Schedule 7 makes provision about probation periods, the procedure for obtaining an order under this section, and about the terms of a periodic standard contract created under this section. 6 In this Act “ prohibited conduct standard contract ” means a contract which is a periodic standard contract created because of an order under this section, and in relation to which the probation period has not yet ended. Conversion to secure contract 117 1 A periodic standard contract which arose because of an order under section 116 and which subsists at the end of the probation period— a ends at the end of the probation period, and b is replaced with a secure contract that has an occupation date falling immediately after that period ends. 2 But subsection (1) does not apply if the probation period ends because of paragraph 3(9) of Schedule 7. 3 Schedule 7 makes provision about the terms of a secure contract which arises at the end of a probation period. CHAPTER 6 PROVISIONS APPLYING ONLY TO SECURE CONTRACTS WITH COMMUNITY LANDLORDS Transfer to another secure contract-holder 118 1 The contract-holder under a secure contract under which the landlord is a community landlord may transfer the contract as described in this section, but only if the landlord consents. 2 The contract-holder may transfer the contract to a person who— a before the transfer is a contract-holder under a secure contract under which the landlord is a community landlord, and b immediately before the transfer will cease to be the contract-holder under the contract mentioned in paragraph (a). 3 This section is a fundamental provision which is incorporated as a term of all secure contracts under which the landlord is a community landlord. Transfer to another secure contract-holder: landlord's consent 119 Where a landlord refuses consent or consents subject to conditions to a transfer described in section 118, what is reasonable for the purposes of section 84 (landlord's consent) is to be determined having regard to Schedule 6. PART 6 PROVISIONS APPLYING ONLY TO PERIODIC STANDARD CONTRACTS CHAPTER 1 OVERVIEW Overview of Part 120 This Part applies only to periodic standard contracts, and addresses— a exclusion of the contract-holder from the dwelling for specified periods, b variation of periodic standard contracts, and c withdrawal of joint contract-holders. CHAPTER 2 EXCLUSION FOR SPECIFIED PERIODS Exclusion of contract-holder from dwelling for specified periods 121 1 A periodic standard contract may provide that the contract-holder is not entitled to occupy the dwelling as a home for such periods as are specified in the contract. 2 The contract may specify periods for the purpose of subsection (1) by reference to any matters reasonably ascertainable by the contract-holder (as well as by reference to specified dates). 3 The Welsh Ministers may by regulations amend this Act for the purpose of— a providing that subsection (1) does not apply in relation to periodic standard contracts of a particular description; b providing that subsection (1) applies only in relation to periodic standard contracts of a particular description; c changing, or imposing limits on, what may be provided for or specified in a periodic standard contract under subsection (1) or (2) (either generally or in relation to periodic standard contracts of a particular description); d specifying circumstances (either generally or in relation to periodic standard contracts of a particular description) in which a periodic standard contract may or may not include provision under subsection (1); e imposing requirements on a landlord in relation to the inclusion in a periodic standard contract of provision under subsection (1). CHAPTER 3 VARIATION OF CONTRACTS Variation 122 1 A periodic standard contract may not be varied except— a in accordance with sections 123 to 125 , or b by or as a result of an enactment. 2 A variation of a periodic standard contract (other than by or as a result of an enactment) must be in accordance with section 127. 3 This section is a fundamental provision which is incorporated as a term of all periodic standard contracts; section 20 provides that subsections (1)(b) and (2) of this section— a must be incorporated, and b must not be incorporated with modifications. Variation of rent 123 1 The landlord may vary the rent payable under a periodic standard contract by giving the contract-holder a notice setting out a new rent to take effect on the date specified in the notice. 2 The period between the day on which the notice is given to the contract-holder and the specified date may not be less than two months. 3 Subject to that— a the first notice may specify any date, and b subsequent notices must specify a date which is not less than one year after the last date on which a new rent took effect. 4 This section is a fundamental provision which is incorporated as a term of all periodic standard contracts under which rent is payable , except a periodic standard contract which is a housing association tenancy . Variation of other consideration 124 1 Where consideration other than rent is payable under a periodic standard contract, the amount of consideration may be varied— a by agreement between the landlord and the contract-holder, or b by the landlord in accordance with subsections (2) to (4). 2 The landlord may give the contract-holder a notice setting out a new amount of consideration to take effect on the date specified in the notice. 3 The period between the day on which the notice is given to the contract-holder and the specified date may not be less than two months. 4 Subject to that— a the first notice may specify any date, and b subsequent notices must specify a date which is not less than one year after the last date on which a new amount of consideration took effect. 5 This section is a fundamental provision which is incorporated as a term of all periodic standard contracts under which consideration other than rent is payable. Variation of other terms 125 1 The fundamental terms, supplementary terms and additional terms of a periodic standard contract may be varied (subject to section 127) by agreement between the landlord and the contract-holder. a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 This section is a fundamental provision which is incorporated as a term of all periodic standard contracts .... Variation by landlord of other terms: notice procedure 126 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Limitation on variation 127 1 A fundamental term of a periodic standard contract incorporating any of the fundamental provisions to which subsection (2) applies may not be varied (except by or as a result of an enactment). 2 This subsection applies to the following fundamental provisions— a section 122(1)(b) and (2) and this section, b section 45 (requirement to use deposit scheme) ..., c section 52 (joint contract-holder ceasing to be a party to the occupation contract), d section 55 (anti-social behaviour and other prohibited conduct), e section 148 (permissible termination), f section 149 (possession claims), g section 155 (death of sole contract-holder), h section 158 (securing contract by use of false statement), i . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . j paragraph 7 of Schedule 4 (variation of secure contract addressed in written statement of introductory standard contract) , and k Part 1 of Schedule 9A (restrictions on giving landlord's notice under sections 173: breach of statutory obligations) . 3 A variation of any other fundamental term (other than by or as a result of an enactment) is of no effect— a unless as a result of the variation— i the fundamental provision which the term incorporates would be incorporated without modification, or ii the fundamental provision which the term incorporates would not be incorporated or would be incorporated with modification, but ... the effect of this would be that the position of the contract-holder is improved; b if the variation (regardless of whether it is within paragraph (a)) would render the fundamental term incompatible with a fundamental term which incorporates a fundamental provision to which subsection (2) applies. 4 A variation of a term of a periodic standard contract is of no effect if it would render a term of the contract incompatible with a fundamental term (unless that fundamental term is also varied in accordance with this section in a way that would avoid the incompatibility). 5 Subsection (4) does not apply to a variation made by or as a result of an enactment. 6 This section is a fundamental provision which is incorporated as a term of all periodic standard contracts; section 20 provides that this section— a must be incorporated, and b must not be incorporated with modifications. Written statement of variation 128 1 If a periodic standard contract is varied in accordance with the contract or by or as a result of an enactment the landlord must, before the end of the relevant period, give the contract-holder— a a written statement of the term or terms varied, or b a written statement of the contract as varied, unless the landlord has given notice of the variation in accordance with section 123 or 124(2) to (4) . 2 The relevant period is the period of 14 days starting with the day on which the contract is varied. 3 The landlord may not charge a fee for providing a written statement under subsection (1). 4 This section is a fundamental provision which is incorporated as a term of all periodic standard contracts. Failure to provide written statement etc. 129 1 If the landlord under a periodic standard contract fails to comply with a requirement under section 128 the landlord is liable to pay the contract-holder compensation under section 87. 2 The compensation is payable in respect of the relevant date and every day after the relevant date until— a the day on which the landlord gives the contract-holder a written statement of the term or terms varied, or of the contract as varied, or b if earlier, the last day of the period of two months starting with the relevant date. 3 Interest on the compensation is payable if the landlord fails to give the contract-holder a written statement on or before the day referred to in subsection (2)(b). 4 The interest starts to run on the day referred to in subsection (2)(b) at the rate prevailing under section 6 of the Late Payment of Commercial Debts (Interest) Act 1998 (c. 20) at the end of that day. 5 The relevant date is the day on which the contract was varied. 6 Subsections (1) to (5) do not apply if the landlord's failure to comply with the requirement is attributable to an act or omission of the contract-holder. 7 If under section 128 the landlord gives the contract-holder a written statement of the contract as varied, sections 36 and 37 (incomplete and incorrect statements) apply to the statement as if , in subsection (3) of both of those sections, for the words from “starting” to the end there were substituted “ starting with the day on which the contract was varied ” . CHAPTER 4 JOINT CONTRACT-HOLDERS: WITHDRAWAL Withdrawal 130 1 A joint contract-holder under a periodic standard contract may withdraw from the contract by giving a notice (a “withdrawal notice”) to the landlord. 2 The withdrawal notice must specify the date on which the joint contract-holder intends to cease to be a party to the contract (the “withdrawal date”). 3 The joint contract-holder must give a written warning to the other joint contract-holders when he or she gives the withdrawal notice to the landlord; and a copy of the withdrawal notice must be attached to the warning. 4 The landlord must give a written warning to the other joint contract-holders as soon as reasonably practicable after the landlord receives the withdrawal notice; and a copy of the withdrawal notice must be attached to the warning. 5 The joint contract-holder ceases to be a party to the contract on the withdrawal date. 6 A notice given to the landlord by one or more (but not all) of the joint contract-holders that purports to be a notice under section 168 (contract-holder's notice to end contract) is to be treated as a withdrawal notice, and the date specified in the notice is to be treated as the withdrawal date. 7 Subsection (3) does not apply to a notice which is treated as a withdrawal notice because of subsection (6). 8 This section is a fundamental provision which is incorporated as a term of all periodic standard contracts. Withdrawal: power to prescribe time limits 131 The Welsh Ministers must prescribe supplementary provisions specifying a minimum time period between the date on which a notice under section 130 is given to the landlord, and the date specified in the notice. PART 7 PROVISIONS APPLYING ONLY TO FIXED TERM STANDARD CONTRACTS CHAPTER 1 OVERVIEW Overview of Part 132 This Part applies only to fixed term standard contracts, and addresses— a exclusion of the contract-holder from the dwelling for specified periods, b variation of fixed term standard contracts, c withdrawal of joint contract-holders from certain fixed term standard contracts, and d dealing (that is, transfers). CHAPTER 2 EXCLUSION FOR SPECIFIED PERIODS Exclusion of contract-holder from dwelling for specified periods 133 1 A fixed term standard contract may provide that the contract-holder is not entitled to occupy the dwelling as a home for such periods as are specified in the contract. 2 The contract may specify periods for the purpose of subsection (1) by reference to any matters reasonably ascertainable by the contract-holder (as well as by reference to specified dates). 3 The Welsh Ministers may by regulations amend this Act for the purpose of— a providing that subsection (1) does not apply in relation to fixed term standard contracts of a particular description; b providing that subsection (1) applies only in relation to fixed term standard contracts of a particular description; c changing, or imposing limits on, what may be provided for or specified in a fixed term standard contract under subsection (1) or (2) (either generally or in relation to fixed term standard contracts of a particular description); d specifying circumstances (either generally or in relation to fixed term standard contracts of a particular description) in which a fixed term standard contract may or may not include provision under subsection (1); e imposing requirements on a landlord in relation to the inclusion in a fixed term standard contract of provision under subsection (1). CHAPTER 3 VARIATION OF CONTRACTS Variation 134 1 A fixed term standard contract may not be varied except— a by agreement between the landlord and the contract-holder, or b by or as a result of an enactment. 2 A variation of a fixed term standard contract (other than by or as a result of an enactment) must be in accordance with section 135. 3 This section is a fundamental provision which is incorporated as a term of all fixed term standard contracts; section 20 provides that subsections (1)(b) and (2) of this section— a must be incorporated, and b must not be incorporated with modifications. Limitation on variation 135 1 A fundamental term of a fixed term standard contract which incorporates any of the fundamental provisions to which subsection (2) applies may not be varied (other than by or as a result of an enactment). 2 This subsection applies to the following fundamental provisions— a section 134(1)(b) and (2) and this section, b section 45 (requirement to use deposit scheme), c section 52 (joint contract-holder ceasing to be a party to the occupation contract), d section 55 (anti-social behaviour and other prohibited conduct), e section 148 (permissible termination), f section 149 (possession claims), g section 155 (death of sole contract-holder), h section 158 (securing contract by use of false statement), i . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . j ...and k Part 1 of Schedule 9A (restrictions on giving notice under section 186 and under a landlord's break clause: breach of statutory obligations). 3 A variation of any other fundamental term (other than by or as a result of an enactment) is of no effect— a unless as a result of the variation— i the fundamental provision which the term incorporates would be incorporated without modification, or ii the fundamental provision which the term incorporates would not be incorporated or would be incorporated with modification, but ... the effect of this would be that the position of the contract-holder is improved; b if the variation (regardless of whether it is within paragraph (a)) would render the fundamental term incompatible with a fundamental term which incorporates a fundamental provision to which subsection (2) applies. 4 A variation of a term of a fixed term standard contract is of no effect if it would render a term of the contract incompatible with a fundamental term (unless that fundamental term is also varied in accordance with this section in a way that would avoid the incompatibility). 5 Subsection (4) does not apply to a variation made by or as a result of an enactment. 6 This section is a fundamental provision which is incorporated as a term of all fixed term standard contracts ...; section 20 provides that this section— a must be incorporated, and b must not be incorporated with modifications. Written statement of variation 136 1 If a fixed term standard contract is varied in accordance with the contract or by or as a result of an enactment the landlord must, before the end of the relevant period, give the contract-holder— a a written statement of the term or terms varied, or b a written statement of the contract as varied. 2 The relevant period is the period of 14 days starting with the day on which the contract is varied. 3 The landlord may not charge a fee for providing a written statement under subsection (1). 4 This section is a fundamental provision which is incorporated as a term of all fixed term standard contracts. Failure to provide written statement etc. 137 1 If the landlord under a fixed term standard contract fails to comply with a requirement under section 136 the landlord is liable to pay the contract-holder compensation under section 87. 2 The compensation is payable in respect of the relevant date and every day after the relevant date until— a the day on which the landlord gives the contract-holder a written statement of the term or terms varied, or of the contract as varied, or b if earlier, the last day of the period of two months starting with the relevant date. 3 Interest on the compensation is payable if the landlord fails to give the contract-holder a written statement on or before the day referred to in subsection (2)(b). 4 The interest starts to run on the day referred to in subsection (2)(b), at the rate prevailing under section 6 of the Late Payment of Commercial Debts (Interest) Act 1998 (c. 20) at the end of that day. 5 The relevant date is the day on which the contract was varied. 6 Subsections (1) to (5) do not apply if the landlord's failure to comply with the requirement is attributable to an act or omission of the contract-holder. 7 If under section 136 the landlord gives the contract-holder a written statement of the contract as varied, sections 36 and 37 (incomplete and incorrect statements) apply to the statement as if , in subsection (3) of both of those sections, for the words from “starting” to the end there were substituted “ starting with the day on which the contract was varied ” . CHAPTER 4 JOINT CONTRACT-HOLDERS: WITHDRAWAL Withdrawal of joint contract-holder using contract-holder's break clause 138 1 If a fixed term standard contract contains a contract-holder's break clause, it may provide that if there are joint contract-holders, a notice given to the landlord by one or more (but not all) of them that purports to be a notice under the break clause is to be treated as a notice that the joint contract-holder intends (or the joint contract-holders intend) to withdraw from the contract (“a withdrawal notice”). 2 If it does so, it must also make provision equivalent to subsections (4) and (5) of sections 111 and 130. CHAPTER 5 DEALING: TRANSFERS Sole contract-holder Transfer on death of sole contract-holder 139 1 A fixed term standard contract may provide that on the death of a sole contract-holder, the contract may be transferred in the course of the administration of the contract-holder's estate. 2 Section 73 (right to succeed) does not apply to a fixed term standard contract that contains such provision. 3 Section 155 (termination of contract on death) is not incorporated as a term of a fixed term standard contract that contains such provision. Joint contract-holders Forced transfers 140 1 A fixed term standard contract may provide that if there are joint contract-holders, one or more of them may require the other joint contract-holder or joint contract-holders to join in a transfer of the contract in accordance with the contract. 2 If the contract contains such provision, the joint contract-holder or joint contract-holders wishing to transfer the occupation contract may apply to the court for an order that the other joint contract-holder or joint contract-holders join in the transfer. 3 The court may make the order applied for if it thinks fit. Joint contract-holder's interest 141 1 This section applies if a fixed term standard contract provides that a joint contract-holder may transfer his or her rights and obligations under the contract. 2 The contract must also provide that a transfer may not be made unless the transferor gives notice to the other joint contract-holders that a transfer will be made. 3 The contract must also provide that the transferee is not entitled to occupy the dwelling without the consent of the other joint contract-holders. Transfer on death of joint contract-holder 142 1 This section applies if a fixed term standard contract provides that on the death of a joint contract-holder his or her rights and obligations under the contract may be transferred in the course of the administration of his or her estate. 2 The contract must also provide that a transfer may not be made unless the joint contract-holder gives notice to the other joint contract-holders before his or her death that such a transfer will be made. 3 The contract must also provide that the transferee is not entitled to occupy the dwelling without the consent of the other joint contract-holders. PART 8 SUPPORTED STANDARD CONTRACTS Supported standard contract and supported accommodation 143 1 In this Act “ supported standard contract ” means a standard contract which relates to supported accommodation. 2 For the purposes of this Act accommodation is “supported accommodation” if— a it is provided by a community landlord or a registered charity, b the landlord or charity (or a person acting on behalf of the landlord or charity) provides support services to a person entitled to occupy the accommodation, and c there is a connection between provision of the accommodation and provision of the support services. 3 Accommodation in a care institution (within the meaning of paragraph 4 of Schedule 2) is not supported accommodation. 4 “Support services” include— a support in controlling or overcoming addiction, b support in finding employment or alternative accommodation, and c supporting someone who finds it difficult to live independently because of age, illness, disability or any other reason. 5 “ Support ” includes the provision of advice, training, guidance and counselling. Mobility 144 1 A supported standard contract may provide that the dwelling subject to the contract is the dwelling, within a building specified in the contract, as is from time to time specified by the landlord. 2 If it does so, then references in this Act to the dwelling subject to the occupation contract are to be read as references to the dwelling for the time being specified by the landlord. Temporary exclusion 145 1 If the landlord under a supported standard contract reasonably believes that a contract-holder has done anything within subsection (2), the landlord may require the contract-holder— a to leave the dwelling, and b not to return to the dwelling for a specified period. 2 The acts are— a using violence against any person in the dwelling, b doing something in the dwelling which creates a risk of significant harm to any person, and c behaving in the dwelling in a way which seriously impedes the ability of another resident of supported accommodation provided by the landlord to benefit from the support provided in connection with that accommodation. 3 The period specified under subsection (1)(b) may not be longer than 48 hours. 4 The landlord must give a contract-holder required to leave the dwelling under this section a notice setting out the reasons why he or she is required to leave, and must do so— a when requiring him or her to leave, or b as soon as reasonably practicable afterwards. 5 The landlord may use the power conferred by this section, in relation to a particular contract-holder, no more than three times in any period of six months. 6 In this section (except in subsection (2)(c) and this subsection) references to “the landlord” include references to any person designated by the landlord as entitled to exercise the power under this section in relation to the dwelling. 7 In this section “ dwelling ” includes any common parts. 8 This section is a fundamental provision which is incorporated as a term of all supported standard contracts. Temporary exclusion: guidance 146 1 The Welsh Ministers must issue guidance about the exercise by landlords of their functions under section 145. 2 In the exercise of those functions, a landlord must have regard to guidance issued under subsection (1). PART 9 TERMINATION ETC. OF OCCUPATION CONTRACTS CHAPTER 1 OVERVIEW AND INTRODUCTORY PROVISIONS Overview Overview of Part 147 The following table provides an overview of this Part— TABLE 1 CHAPTER OCCUPATION CONTRACTS TO WHICH IT APPLIES CONTENT OF CHAPTER 1 All occupation contracts (except section 151, which applies only to introductory standard contracts and prohibited conduct standard contracts) a ways in which occupation contracts may be ended, b circumstances in which landlords may make a claim to the court for recovery of possession of a dwelling, and c “possession notices”, which are notices landlords must give to contract-holders before making a possession claim under section 157 (breach of contract), section 160 (in relation to estate management grounds), sections 165 or 170 (recovery of possession after contract-holder's notice), section 181 or 187 (serious rent arrears) or section 191 (recovery of possession after use of contract-holder's break clause). 2 All occupation contracts Certain circumstances in which occupation contracts can end without a possession claim. 3 All occupation contracts Landlords' possession claims on— ground of contract-holder's breach of contract, and estate management grounds. 4 Secure contracts Contract-holder's right to end the contract. 5 Periodic standard contracts a contract-holder's right to end the contract, and b rights of landlord to end the contract and make a possession claim. 6 and 7 Fixed term standard contracts a what happens at the end of the term, b contract-holder's right to end the contract, and c rights of landlord to end the contract and make a possession claim. 8 Introductory standard contracts and prohibited conduct standard contracts Review by landlord, when required by contract-holder, of landlord's decision to give a notice requiring possession on certain grounds. 9 and 10 All occupation contracts a powers of court in relation to all possession claims, and b powers of court in relation to possession claims concerning discretionary grounds for possession. 11 Secure contracts Powers and duties of court in relation to possession claims concerning a contract-holder's notice. 12 Standard contracts Powers and duties of court in relation to possession claims concerning absolute grounds for possession. 13 to 15 All occupation contracts a rights of landlord in relation to abandonment of dwelling by contract-holder, b termination and exclusion where there are joint contract-holders, and c forfeiture and notices to quit not available in relation to occupation contracts. Permissible termination, possession claims and notices requiring possession Permissible termination etc. 148 1 An occupation contract may be ended only in accordance with— a the fundamental terms of the contract which incorporate fundamental provisions set out in this Part or other terms included in the contract in accordance with this Part, or b an enactment. 2 Nothing in this section affects— a any right of the landlord or contract-holder to rescind the contract, or b the operation of the law of frustration. 3 This section is a fundamental provision which is incorporated as a term of all occupation contracts; section 20 provides that this section— a must be incorporated, and b must not be incorporated with modifications. Possession claims 149 1 The landlord under an occupation contract may make a claim to the court for recovery of possession of the dwelling from the contract-holder (“a possession claim”) only in the circumstances set out in Chapters 3 to 5 and 7. 2 This section is a fundamental provision which is incorporated as a term of all occupation contracts; section 20 provides that this section— a must be incorporated, and b must not be incorporated with modifications. Possession notices 150 1 This section applies in relation to a possession notice which a landlord is required to give to a contract-holder under any of the following sections before making a possession claim — a section 159 (in relation to a breach of contract by a contract-holder); b section 161 (in relation to estate management grounds); c section 166, 171 or 192 (in relation to a contract-holder's notice); d section 182 or 188 (in relation to serious rent arrears under a standard contract). 2 The notice must (in addition to specifying the ground on which the claim will be made)— a state the landlord's intention to make a possession claim, b give particulars of the ground, and c state the date after which the landlord is able to make a possession claim. 3 This section is a fundamental provision which is incorporated as a term of all occupation contracts. Notices requiring possession: introductory standard contracts and prohibited conduct standard contracts Introductory standard contracts and prohibited conduct standard contracts: notices under sections 173 and 181 151 1 Subsection (2) applies in relation to— a a notice given under section 173 (landlord's notice) in connection with an introductory standard contract or a prohibited conduct standard contract; b a possession notice given under section 181 (serious rent arrears) in connection with an introductory standard contract or a prohibited conduct standard contract. 2 The notice must (in addition to complying with any other requirements under this Act) inform the contract-holder of the right to apply for a review under section 202 (review by landlord), and of the time by which the application must be made. 3 This section is a fundamental provision which is incorporated as a term of all introductory standard contracts and prohibited conduct standard contracts. CHAPTER 2 TERMINATION ETC. WITHOUT A POSSESSION CLAIM (THIS CHAPTER APPLIES TO ALL OCCUPATION CONTRACTS) Early termination by contract-holder 152 1 The contract-holder may end the occupation contract at any time before the earlier of— a the landlord giving the contract-holder a written statement of the contract under section 31(1), or b the occupation date. 2 To end the contract under subsection (1), the contract-holder must give a notice to the landlord stating that he or she is ending the contract. 3 On giving the notice to the landlord, the contract-holder— a ceases to have any liability under the contract, and b becomes entitled to the return of any deposit, rent or other consideration given to the landlord in accordance with the contract. 4 This section is a fundamental provision which is incorporated as a term of all occupation contracts. Termination by agreement 153 1 If the landlord and the contract-holder under an occupation contract agree to end the contract, the contract ends— a when the contract-holder gives up possession of the dwelling in accordance with the agreement, or b if he or she does not give up possession and a substitute occupation contract is made, immediately before the occupation date of the substitute occupation contract. 2 An occupation contract is a substitute occupation contract if— a it is made in respect of the same (or substantially the same) dwelling as the original contract, and b a contract-holder under it was also a contract-holder under the original contract. 3 This section is a fundamental provision which is incorporated as a term of all occupation contracts. Repudiatory breach by landlord 154 1 If the landlord under an occupation contract commits a repudiatory breach of contract and the contract-holder gives up possession of the dwelling because of that breach, the contract ends when the contract-holder gives up possession of the dwelling. 2 This section is a fundamental provision which is incorporated as a term of all occupation contracts. Death of sole contract-holder 155 1 If the sole contract-holder under an occupation contract dies, the contract ends— a one month after the death of the contract-holder, or b if earlier, when the landlord is given notice of the death by the authorised persons. 2 The authorised persons are— a the contract-holder's personal representatives, or b the permitted occupiers of the dwelling aged 18 and over (if any) acting together. 3 The contract does not end if under section 74 one or more persons are qualified to succeed the contract-holder. 4 The contract does not end if, at the contract-holder's death, a family property order has effect which requires the contract-holder to transfer the contract to another person. 5 If, after the contract-holder's death, the family property order ceases to have effect and there is no person qualified to succeed the contract-holder, the contract ends— a when the order ceases to have effect, or b if later, at the time the contract would end under subsection (1). 6 This section is a fundamental provision which is incorporated as a term of all occupation contracts, except fixed term standard contracts that contain the provision mentioned in section 139(1) (transfer on death of sole contract holder); section 20 provides that this section— a must be incorporated, and b must not be incorporated with modifications. Death of landlord where occupation contract is a licence 156 An occupation contract which is a licence ends on the death of the landlord. CHAPTER 3 TERMINATION OF ALL OCCUPATION CONTRACTS (POSSESSION CLAIMS BY LANDLORDS) Breach of contract Breach of contract 157 1 If the contract-holder under an occupation contract breaches the contract, the landlord may on that ground make a possession claim. 2 Section 209 provides that the court may not make an order for possession on that ground unless it considers it reasonable to do so (and reasonableness is to be determined in accordance with Schedule 10). 3 This section is a fundamental provision which is incorporated as a term of all occupation contracts. False statement inducing landlord to make contract to be treated as breach of contract 158 1 If the landlord under an occupation contract is induced to make the contract by means of a relevant false statement— a the contract-holder is to be treated as being in breach of the occupation contract, and b the landlord may accordingly make a possession claim on the ground in section 157 (breach of contract). 2 A false statement is relevant if it is made knowingly or recklessly by— a the contract-holder, or b another person acting at the contract-holder's instigation. 3 This section is a fundamental provision which is incorporated as a term of all occupation contracts; section 20 provides that this section— a must be incorporated, and b must not be incorporated with modifications. Restrictions on section 157 159 1 Before making a possession claim on the ground in section 157, the landlord must give the contract-holder a possession notice specifying that ground. 2 The landlord may make a possession claim in reliance on a breach of section 55 (anti-social behaviour and other prohibited conduct) on or after the day on which the landlord gives the contract-holder a possession notice specifying a breach of that section. 3 The landlord may not make a possession claim in reliance on a breach of any other term of the contract before the end of the period of one month starting with the day on which the landlord gives the contract-holder a possession notice specifying a breach of that term. 4 In either case, the landlord may not make a possession claim after the end of the period of six months starting with the day on which the landlord gives the contract-holder the possession notice. 5 This section is a fundamental provision which is incorporated as a term of all occupation contracts. Estate management grounds Estate management grounds 160 1 The landlord under an occupation contract may make a possession claim on one or more of the estate management grounds. 2 The estate management grounds are set out in Part 1 of Schedule 8 (paragraph 10 of that Schedule provides that Part 1 of that Schedule is a fundamental provision applicable to all occupation contracts). 3 Section 210 provides that the court may not make an order for possession on an estate management ground unless— a it considers it reasonable to do so (and reasonableness is to be determined in accordance with Schedule 10), and b it is satisfied that suitable alternative accommodation (what is suitable is to be determined in accordance with Schedule 11) is available to the contract-holder (or will be available to the contract-holder when the order takes effect). 4 If the court makes an order for possession on an estate management ground (and on no other ground), the landlord must pay to the contract-holder a sum equal to the reasonable expenses likely to be incurred by the contract-holder in moving from the dwelling. 5 Subsection (4) does not apply if the court makes an order for possession on Ground A or B (the redevelopment grounds) of the estate management grounds (and on no other ground). 6 This section is a fundamental provision which is incorporated as a term of all occupation contracts. Restrictions on section 160 161 1 Before making a possession claim on an estate management ground, the landlord must give the contract-holder a possession notice specifying that ground. 2 The landlord may not make the claim— a before the end of the period of one month starting with the day on which the landlord gives the contract-holder the possession notice, or b after the end of the period of six months starting with that day. 3 If a redevelopment scheme is approved under Part 2 of Schedule 8 subject to conditions, the landlord may give the contract-holder a possession notice specifying estate management Ground B before the conditions are met. 4 The landlord may not give the contract-holder a possession notice specifying estate management Ground G (accommodation not required by successor)— a before the end of the period of six months starting with the day on which the landlord (or in the case of joint landlords, any one of them) became aware of the previous contract-holder's death, or b after the end of the period of twelve months starting with that day. 5 The landlord may not give the contract-holder a possession notice specifying estate management Ground H (departing joint contract-holder) after the end of the period of six months starting with the day on which the joint contract-holder's rights and obligations under the contract ended. 6 This section is a fundamental provision which is incorporated as a term of all occupation contracts. Estate management grounds: redevelopment schemes 162 Part 2 of Schedule 8 (approval of redevelopment schemes) makes provision supplementing estate management Ground B. CHAPTER 4 TERMINATION OF SECURE CONTRACTS (CONTRACT-HOLDER'S NOTICE) Contract-holder's notice 163 1 The contract-holder under a secure contract may end the contract by giving the landlord notice that he or she will give up possession of the dwelling on a date specified in the notice. 2 This section is a fundamental provision which is incorporated as a term of all secure contracts. Minimum notice period 164 1 The date specified in a notice under section 163 may not be less than four weeks after the day on which the notice is given to the landlord. 2 This section is a fundamental provision which is incorporated as a term of all secure contracts. Recovery of possession 165 1 If the contract-holder fails to give up possession of the dwelling on the date specified in a notice under section 163, the landlord may on that ground make a possession claim. 2 Section 212 provides that if the court is satisfied that the ground is made out, it must make an order for possession of the dwelling (subject to any available defence based on the contract-holder's Convention rights). 3 This section is a fundamental provision which is incorporated as a term of all secure contracts. Restrictions on section 165 166 1 Before making a possession claim on the ground in section 165 the landlord must give the contract-holder a possession notice specifying that ground. 2 The landlord may make the possession claim on or after the day on which the landlord gives the contract-holder the possession notice. 3 But the landlord may not make the possession claim after the end of the period of six months starting with that day. 4 The landlord may not give the contract-holder a possession notice specifying the ground in section 165 after the end of the period of two months starting with the date specified in the notice under section 163 as the date on which the contract-holder would give up possession of the dwelling. 5 This section is a fundamental provision which is incorporated as a term of all secure contracts. Termination of contract on contract-holder's notice 167 1 If the contract-holder gives up possession of the dwelling on or before the date specified in a notice under section 163, the contract ends on the date specified in the notice. 2 If the contract-holder gives up possession of the dwelling after that date but in connection with the notice, the contract ends— a on the day on which the contract-holder gives up possession of the dwelling, or b if an order for possession is made, on the date determined in accordance with section 206. 3 The notice ceases to have effect if, before the contract ends— a the contract-holder withdraws the notice by further notice to the landlord, and b the landlord does not object to the withdrawal in writing before the end of a reasonable period. 4 This section is a fundamental provision which is incorporated as a term of all secure contracts. CHAPTER 5 TERMINATION OF PERIODIC STANDARD CONTRACTS Termination by contract-holder: contract-holder's notice Contract-holder's notice 168 1 The contract-holder under a periodic standard contract may end the contract by giving the landlord notice that he or she will give up possession of the dwelling on a date specified in the notice. 2 This section is a fundamental provision which is incorporated as a term of all periodic standard contracts. Minimum notice period 169 1 The date specified in a notice under section 168 may not be less than four weeks after the day on which the notice is given to the landlord. 2 This section is a fundamental provision which is incorporated as a term of all periodic standard contracts. Recovery of possession 170 1 If the contract-holder fails to give up possession of the dwelling on the date specified in a notice under section 168, the landlord may on that ground make a possession claim. 2 Section 215 provides that if the court is satisfied that the ground is made out, it must make an order for possession of the dwelling (subject to any available defence based on the contract-holder's Convention rights). 3 This section is a fundamental provision which is incorporated as a term of all periodic standard contracts. Restrictions on section 170 171 1 Before making a possession claim on the ground in section 170 the landlord must give the contract-holder a possession notice specifying that ground. 2 The landlord may make the possession claim on or after the day on which the landlord gives the contract-holder the possession notice. 3 But the landlord may not make the possession claim after the end of the period of six months starting with that day. 4 The landlord may not give the contract-holder a possession notice specifying the ground in section 170 after the end of the period of two months starting with the date specified in the notice under section 168 as the date on which the contract-holder would give up possession of the dwelling. 5 This section is a fundamental provision which is incorporated as a term of all periodic standard contracts. Termination of contract on contract-holder's notice 172 1 If the contract-holder gives up possession of the dwelling on or before the date specified in a notice under section 168 the contract ends on the date specified in the notice. 2 If the contract-holder gives up possession of the dwelling after that date but in connection with the notice, the contract ends— a on the day on which the contract-holder gives up possession of the dwelling, or b if an order for possession is made, on the date determined in accordance with section 206. 3 The notice ceases to have effect if, before the contract ends— a the contract-holder withdraws the notice by giving further notice to the landlord, and b the landlord does not object to the withdrawal in writing before the end of a reasonable period. 4 This section is a fundamental provision which is incorporated as a term of all periodic standard contracts. Termination by landlord: landlord's notice Landlord's notice 173 1 The landlord under a periodic standard contract may end the contract by giving the contract-holder notice that he or she must give up possession of the dwelling on a date specified in the notice. 2 This section is a fundamental provision which is incorporated as a term of all periodic standard contracts. 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Minimum notice period 174 1 The date specified in a notice under section 173 may not be less than six months after the day on which the notice is given to the contract-holder. 2 This section is a fundamental provision which is incorporated as a term of all periodic standard contracts, except periodic standard contracts which— a do not incorporate section 173 as a term of the contract, or b are within Schedule 8A (whether or not they incorporate section 173 as a term of the contract). Minimum notice period: periodic standard contracts within Schedule 8A 174A 1 If a periodic standard contract is within Schedule 8A, the date specified in a notice under section 173 may not be less than two months after the day on which the notice is given to the contract-holder. 2 This section is a fundamental provision which is incorporated as a term of all periodic standard contracts which— a incorporate section 173 as a term of the contract, and b are within Schedule 8A. Restriction on section 173: notice may not be given until after the first six months of occupation 175 1 The landlord may not give notice under section 173 before the end of the period of six months starting with the occupation date of the contract. 2 If the contract is a substitute occupation contract, the landlord may not give notice under section 173 before the end of the period of six months starting with the occupation date of the original contract. 3 For the purposes of subsection (2)— a an occupation contract is a substitute occupation contract if— i the occupation date of the contract falls immediately after the end of a preceding occupation contract, ii immediately before the occupation date of the contract a contract-holder under the contract was a contract-holder under the preceding contract and a landlord under the contract was a landlord under the preceding contract, and iii the contract relates to the same (or substantially the same) dwelling as the preceding contract, and b “ original contract ” means— i where the substitute occupation contract has an occupation date falling immediately after the end of a contract which is not a substitute occupation contract, the occupation contract which precedes the substitute occupation contract; ii where there have been successive substitute occupation contracts, the occupation contract which preceded the first of the substitute occupation contracts. 4 This section is a fundamental provision which is incorporated as a term of all periodic standard contracts, except periodic standard contracts which— a do not incorporate section 173 as a term of the contract, or b are within Schedule 9 (whether or not they incorporate section 173 as a term of the contract), ... Restrictions on giving notice under section 173: breaches of statutory obligations 176 Schedule 9A imposes restrictions on the giving of notice under section 173, related to breaches of certain statutory obligations. Restrictions on giving further notices under section 173 177 1 Subsections (2) and (3) apply where— a a landlord has given a contract-holder a notice under section 173 (“the first notice”), and b the landlord has subsequently withdrawn the notice (see section 180(3)). 2 The landlord may not give another notice under section 173 to the contract-holder before the end of the period of six months starting with the day on which the first notice was withdrawn, other than in accordance with subsection (3). 3 The landlord may give one more notice under section 173 to the contract-holder during the period of 28 days starting with the day on which the first notice was given. 4 Subsection (5) applies where— a a landlord has given a contract-holder a notice under section 173, and b the period for making a possession claim on the ground in section 178 has ended without the landlord having made a claim. 5 The landlord may not give another notice under section 173 to the contract-holder before the end of the period of six months starting with the last day of the period before the end of which the landlord could have made the claim (see section 179(1)(b)). 6 This section is a fundamental provision which is incorporated as a term of all periodic standard contracts which incorporate section 173 as a term of the contract. Restriction on giving notice under section 173 following retaliatory possession claim 177A 1 Subsection (2) applies where— a a landlord (having given a contract-holder a notice under section 173) has made a possession claim on the ground in section 178, and b the court has refused to make an order for possession because it considered the claim to be a retaliatory claim (see section 217). 2 The landlord may not give another notice under section 173 to the contract-holder before the end of the period of six months starting with the day on which the court refused to make an order for possession. 3 This section is a fundamental provision which is incorporated as a term of all periodic standard contracts which incorporate section 173 as a term of the contract. Recovery of possession 178 1 If the landlord gives the contract-holder a notice under section 173, the landlord may on that ground make a possession claim. 2 Section 215 provides that if the court is satisfied that the ground is made out, it must make an order for possession of the dwelling, unless section 217 (retaliatory evictions: standard contracts) applies (and subject to any available defence based on the contract-holder's Convention rights). 3 This section is a fundamental provision which is incorporated as a term of all periodic standard contracts. Restriction on section 178 179 1 The landlord may not make a possession claim on the ground in section 178— a before the date specified in the notice given by the landlord to the contract-holder under section 173, or b after the end of the period of two months starting with that date. 2 This section is a fundamental provision which is incorporated as a term of all periodic standard contracts. Termination of contract on landlord's notice 180 1 If the contract-holder gives up possession of the dwelling on or before the date specified in a notice under section 173, the contract ends on the date specified in the notice. 2 If the contract-holder gives up possession of the dwelling after that date but in connection with the notice, the contract ends— a on the day on which the contract-holder gives up possession of the dwelling, or b if an order for possession is made, on the date determined in accordance with section 206. 3 The notice ceases to have effect if — a before the contract ends, and during the period of 28 days starting with the day on which the notice was given, the landlord withdraws the notice by giving further notice to the contract-holder, or b before the contract ends, and after the end of the period of 28 days starting with day on which the notice was given— i the landlord withdraws the notice by giving further notice to the contract-holder, and ii the contract-holder does not object to the withdrawal in writing before the end of a reasonable period. 4 This section is a fundamental provision which is incorporated as a term of all periodic standard contracts. Termination by landlord: serious rent arrears Serious rent arrears 181 1 If the contract-holder under a periodic standard contract is seriously in arrears with his or her rent , the landlord may on that ground make a possession claim. 2 The contract-holder is seriously in arrears with his or her rent— a where the rental period is a week, a fortnight or four weeks, if at least eight weeks' rent is unpaid; b where the rental period is a month, if at least two months' rent is unpaid; c where the rental period is a quarter, if at least one quarter's rent is more than three months in arrears; d where the rental period is a year, if at least 25% of the rent is more than three months in arrears. 3 Section 216 provides that the court must (subject to any available defence based on the contract-holder's Convention rights) make an order for possession of the dwelling if it is satisfied that the contract-holder— a was seriously in arrears with his or her rent on the day on which the landlord gave the contract-holder the possession notice, and b is seriously in arrears with his or her rent on the day on which the court hears the possession claim. 4 This section is a fundamental provision which is incorporated as a term of all periodic standard contracts. Restrictions on section 181 182 1 Before making a possession claim on the ground in section 181, the landlord must give the contract-holder a possession notice specifying that ground. 2 The landlord under a periodic standard contract that is not an introductory standard contract or a prohibited conduct standard contract may not make the claim— a before the end of the period of 14 days starting with the day on which the landlord gives the contract-holder the possession notice, or b after the end of the period of six months starting with that day. 3 The landlord under an introductory standard contract or a prohibited conduct standard contract may not make the claim— a before the end of the period of one month starting with the day on which the landlord gives the contract-holder the possession notice, or b after the end of the period of six months starting with that day. 4 Subsection (1) is a fundamental provision which is incorporated as a term of all periodic standard contracts, and— a subsection (2) is a fundamental provision which is incorporated as a term of all periodic standard contracts that are not introductory standard contracts or prohibited conduct standard contracts; b subsection (3) is a fundamental provision which is incorporated as a term only of introductory standard contracts and prohibited conduct standard contracts. Termination of periodic standard contracts which were fixed term standard contracts Relevance of events under fixed term standard contract 183 1 The landlord under a periodic standard contract which arises under section 184(2) (periodic standard contract arising at end of fixed term) may make a possession claim in reliance on— a a possession notice, ... b a notice under section 186, or c a notice under a landlord's break clause, which the landlord gave to the contract-holder before the end of the fixed term contract. 2 Sections 179 and 180— a apply to a notice under section 186(1) as they apply to a notice under section 173, and b apply to a possession claim made on the ground in section 186(5) in reliance on such a notice as they apply to a possession claim made on the ground in section 178 in reliance on a notice under section 173. 3 In any possession notice the landlord gives to the contract-holder, the landlord may rely on events which occurred before the end of the fixed term standard contract. 4 This section is a fundamental provision which is incorporated as a term of periodic standard contracts which arise under section 184(2). CHAPTER 6 FIXED TERM STANDARD CONTRACTS: END OF THE FIXED TERM End of fixed term 184 1 A fixed term standard contract ends at the end of the term for which it is made. 2 If the contract-holder remains in occupation of the dwelling after the end of the term, the landlord and the contract-holder are to be treated as having made a new periodic standard contract in relation to the dwelling. 3 The new contract— a has an occupation date falling immediately after the end of the fixed term, and b has rental periods that are the same as those for which rent was last payable under the fixed term contract. 4 The fundamental and supplementary provisions applicable to periodic standard contracts are incorporated as terms of the new contract without modification. 5 Subject to subsections (3) and (4), the new contract has the same terms as the fixed term contract immediately before it ended. 6 A new occupation contract does not arise as described in subsection (2) if the landlord and the contract-holder have made a new occupation contract in relation to the same (or substantially the same) dwelling which has an occupation date falling immediately after the fixed term contract ends. 7 If, before or on the occupation date of a new occupation contract arising as described in subsection (2) or (6)— a the contract-holder enters into an obligation to do an act which will cause the new contract to end, or b the contract-holder gives any notice or other document that would, but for this subsection, cause the new contract to end, the obligation is unenforceable or (as the case may be) the notice or document is of no effect. 8 The requirement in section 39(1) (landlord must give contract-holder a contact address at start of contract) does not apply in relation to a periodic standard contract arising under subsection (2). Written statement may address periodic standard contract arising under section 184(2) 185 1 A written statement of a fixed term standard contract may, as regards the periodic standard contract which may arise under section 184(2) (“the potential contract”), set out what the terms of that contract would be under section 184(3) to (5) by— a identifying the terms of the fixed term standard contract that will not be terms of the potential contract, and setting out the terms that will apply only to the potential contract, or b separately setting out all of the terms of the potential contract. 2 Where a written statement of a fixed term standard contract addresses the potential contract in accordance with subsection (1)— a the written statement is not incorrect (see section 37) merely because it addresses the potential contract; b the landlord is to be treated as having complied with the requirement in section 31(1) (provision of written statement) in relation to the potential contract, and c the terms of the potential contract may not be enforced against the contract-holder before the occupation date of that contract (and accordingly, section 42 does not apply). CHAPTER 7 TERMINATION OF FIXED TERM STANDARD CONTRACTS End of fixed term: landlord's notice Landlord's notice in connection with end of term of contract within Schedule 9B 186 1 The landlord under a fixed term standard contract which is within Schedule 9B may, before or on the last day of the term for which the contract was made, give the contract-holder notice that he or she must give up possession of the dwelling on a date specified in the notice. 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 The specified date— a may not be before the last day of the term for which the contract was made, and b may not be less than two months after the day on which the notice is given to the contract-holder. 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 If the landlord gives the contract-holder a notice under subsection (1), the landlord may on that ground make a possession claim. 6 Section 215 provides that if the court is satisfied that the ground is made out, it must make an order for possession of the dwelling (subject to any available defence based on the contract-holder's Convention rights). 7 The landlord may not make a possession claim on that ground before the end of the fixed term standard contract. 8 This section is a fundamental provision which is incorporated as a term of all fixed term standard contracts which are within Schedule 9B. Restrictions on giving notice under section 186: breaches of statutory obligations 186A Schedule 9A imposes restrictions on the giving of notice under section 186, related to breaches of certain statutory obligations. Termination by landlord: serious rent arrears Serious rent arrears 187 1 If the contract-holder under a fixed term standard contract is seriously in arrears with his or her rent, the landlord may on that ground make a possession claim. 2 The contract-holder is seriously in arrears with his or her rent— a where the rental period is a week, a fortnight or four weeks, if at least eight weeks' rent is unpaid; b where the rental period is a month, if at least two months' rent is unpaid; c where the rental period is a quarter, if at least one quarter's rent is more than three months in arrears; d where the rental period is a year, if at least 25% of the rent is more than three months in arrears. 3 Section 216 provides that the court must (subject to any available defence based on the contract-holder's Convention rights) make an order for possession of the dwelling if it is satisfied that the contract-holder— a was seriously in arrears with his or her rent on the day on which the landlord gave the contract-holder the possession notice, and b is seriously in arrears with his or her rent on the day on which the court hears the possession claim. 4 This section is a fundamental provision which is incorporated as a term of all fixed term standard contracts. Restrictions on section 187 188 1 Before making a possession claim on the ground in section 187, the landlord must give the contract-holder a possession notice specifying that ground. 2 The landlord may not make the claim— a before the end of the period of 14 days starting with the day on which the landlord gives the contract-holder the possession notice, or b after the end of the period of six months starting with that day. 3 This section is a fundamental provision which is incorporated as a term of all fixed term standard contracts. Contract-holder's break clause Contract-holder's break clause 189 1 A fixed term standard contract may contain a term enabling the contract-holder to end the contract before the end of the fixed term by giving the landlord notice that he or she will give up possession of the dwelling on a date specified in the notice. 2 References in this Act to a contract-holder's break clause, in relation to a fixed term standard contract, are to the term mentioned in subsection (1). Minimum notice period 190 1 The date specified in a notice under a contract-holder's break clause may not be less than four weeks after the day on which the notice is given to the landlord. 2 This section is a fundamental provision which is incorporated as a term of all fixed term standard contracts with a contract-holder's break clause. Recovery of possession 191 1 If a contract-holder fails to give up possession of the dwelling on the date specified in a notice under a contract-holder's break clause, the landlord may on that ground make a possession claim. 2 Section 215 provides that if the court is satisfied that the ground is made out, it must make an order for possession of the dwelling (subject to any available defence based on the contract-holder's Convention rights). 3 This section is a fundamental provision which is incorporated as a term of all fixed term standard contracts with a contract-holder's break clause. Restrictions on section 191 192 1 Before making a possession claim on the ground in section 191 the landlord must give the contract-holder a possession notice specifying that ground. 2 The landlord may make the possession claim on or after the day on which the landlord gives the contract-holder the possession notice. 3 But the landlord may not make the possession claim after the end of the period of six months starting with that day. 4 The landlord may not give the contract-holder a possession notice specifying the ground in section 191 after the end of the period of two months starting with the date specified in the notice under the contract-holder's break clause as the date on which the contract-holder would give up possession of the dwelling. 5 This section is a fundamental provision which is incorporated as a term of all fixed term standard contracts with a contract-holder's break clause. Termination of contract under contract-holder's break clause 193 1 If the contract-holder gives up possession of the dwelling on or before the date specified in a notice under the contract-holder's break clause, the contract ends on the date specified in the notice. 2 If the contract-holder gives up possession of the dwelling after that date but in connection with the notice, the contract ends— a on the day on which the contract-holder gives up possession of the dwelling, or b if an order for possession is made, on the date determined in accordance with section 206. 3 The notice ceases to have effect if, before the contract ends— a the contract-holder withdraws the notice by further notice to the landlord, and b the landlord does not object to the withdrawal in writing before the end of a reasonable period. 4 This section is a fundamental provision which is incorporated as a term of all fixed term standard contracts with a contract-holder's break clause. Landlord's break clause Landlord's break clause 194 1 A fixed term standard contract which is within subsection (1A) may contain a term enabling the landlord to end the contract before the end of the fixed term by giving the contract-holder notice that he or she must give up possession of the dwelling on a date specified in the notice. 1A A fixed term standard contract is within this subsection if— a it is made for a term of two years or more, or b it is within Schedule 9C (whether or not it is made for a term of two years or more). 2 References in this Act to a landlord's break clause, in relation to a fixed term standard contract, are to the term mentioned in subsection (1). Minimum notice period 195 1 The date specified in a notice under a landlord's break clause may not be less than six months after the day on which the notice is given to the contract-holder. 2 This section is a fundamental provision which is incorporated as a term of all fixed term standard contracts, except fixed term standard contracts which— a do not have a landlord's break clause, or b are within Schedule 8A (whether or not they have a landlord's break clause). Minimum notice period: fixed term standard contracts within Schedule 8A 195A 1 If a fixed term standard contract is within Schedule 8A, the date specified in a notice under a landlord's break clause may not be less than two months after the day on which the notice is given to the contract-holder. 2 This section is a fundamental provision which is incorporated as a term of all fixed term standard contracts which— a have a landlord's break clause, and b are within Schedule 8A. Restriction on use of landlord's break clause until after the first 18 months of occupation 196 1 The landlord may not give notice under a landlord's break clause before the end of the period of 18 months starting with the occupation date of the contract. 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 This section is a fundamental provision which is incorporated as a term of all fixed term standard contracts, except fixed term standard contracts which— a do not have a landlord's break clause, or b are within Schedule 9 (whether or not they have a landlord's break clause), ... Restrictions on use of landlord's break clause: breaches of statutory obligations 197 Schedule 9A imposes restrictions on the giving of notice under a landlord's break clause, related to breaches of certain statutory obligations. Restriction on use of landlord's break clause following retaliatory possession claim 198 1 Subsection (2) applies where— a a landlord (having given a contract-holder a notice under a landlord's break clause) has made a possession claim on the ground in section 199, and b the court has refused to make an order for possession because it considered the claim to be a retaliatory claim (see section 217). 2 The landlord may not give another notice under a landlord's break clause to the contract-holder before the end of the period of six months starting with the day on which the court refused to make an order for possession. 3 This section is a fundamental provision which is incorporated as a term of all fixed term standard contracts with a landlord's break clause. Recovery of possession 199 1 If the landlord gives the contract-holder a notice under the landlord's break clause, the landlord may on that ground make a possession claim. 2 Section 215 provides that if the court is satisfied that the ground is made out, it must make an order for possession of the dwelling, unless section 217 (retaliatory evictions) applies (and subject to any available defence based on the contract-holder's Convention rights). 3 This section is a fundamental provision which is incorporated as a term of all fixed term standard contracts with a landlord's break clause. Restriction on section 199 200 1 The landlord may not make a possession claim on the ground in section 199— a before the date specified in the notice given by the landlord to the contract-holder under the landlord's break clause, or b after the end of the period of two months starting with that date. 2 This section is a fundamental provision which is incorporated as a term of all fixed term standard contracts with a landlord's break clause. Termination of contract under landlord's break clause 201 1 If the contract-holder gives up possession of the dwelling on or before the date specified in a notice under the landlord's break clause, the contract ends on the date specified in the notice. 2 If the contract-holder gives up possession of the dwelling after that date but in connection with the notice, the contract ends— a on the day on which the contract-holder gives up possession of the dwelling, or b if an order for possession is made, on the date determined in accordance with section 206. 3 The notice ceases to have effect if — a before the contract ends, and during the period of 28 days starting with the day on which the notice was given, the landlord withdraws the notice by giving further notice to the contract-holder, or b before the contract ends, and after the end of the period of 28 days starting with the day on which the notice was given— i the landlord withdraws the notice by giving further notice to the contract-holder, and ii the contract-holder does not object to the withdrawal in writing before the end of a reasonable period. 4 This section is a fundamental provision which is incorporated as a term of all fixed term standard contracts with a landlord's break clause. CHAPTER 8 REVIEW BY LANDLORD OF DECISION TO GIVE NOTICE REQUIRING POSSESSION (THIS CHAPTER APPLIES ONLY TO INTRODUCTORY STANDARD CONTRACTS AND PROHIBITED CONDUCT STANDARD CONTRACTS) Review of decision to terminate introductory standard contract or prohibited conduct standard contract 202 1 This section applies only in relation to introductory standard contracts and prohibited conduct standard contracts. 2 If the landlord decides to give a contract-holder a notice under section 173 (landlord's notice) or a possession notice specifying the ground in section 181 (serious rent arrears), the contract-holder may request that the landlord carries out a review of that decision. 3 A request for a review must be made to the landlord before the end of the period of 14 days (or such longer period as the landlord may allow in writing) starting with the day on which the landlord gives the contract-holder the notice. Landlord's review of decision to give a notice 203 1 If the contract-holder, in accordance with section 202, requests a review of the landlord's decision to give a notice, the landlord must carry out the review. 2 Following a review, the landlord may— a confirm the decision to give the notice, or b reverse the decision. 3 The landlord must notify the contract-holder of the outcome of the review before the date after which the landlord is able to make a possession claim. 4 If the landlord confirms the decision, the notice must set out the reasons for the confirmation. 5 The Welsh Ministers may prescribe the procedure to be followed in connection with a review under this section. 6 Regulations under subsection (5) may, amongst other things— a require the review to be carried out by a person of appropriate seniority who has not been involved in the decision, and b set out circumstances in which a contract-holder is entitled to an oral hearing, and whether and by whom he or she may be represented at such a hearing. CHAPTER 9 POSSESSION CLAIMS: POWERS OF COURT (THIS CHAPTER APPLIES TO ALL OCCUPATION CONTRACTS) Possession claims 204 1 The court may not hear a possession claim made by the landlord under an occupation contract— a if the landlord has failed to act in accordance with whichever of the following provisions apply— i . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ii section 159 (restrictions on making a possession claim following breach of contract); iii section 161 (restrictions on making a possession claim on estate management grounds); iv section 166 (restrictions on making a possession claim following contract-holder's notice: secure contracts); v section 171 (restrictions on making a possession claim following contract-holder's notice: periodic standard contracts); vi section 175 (restriction on giving landlord's notice under a periodic standard contract until after the first six months of occupation); vii sections 177, 177A and 179 (restrictions relating to landlord's notice: periodic standard contracts); viii section 182 (restrictions on making a possession claim following serious rent arrears: periodic standard contracts); ix section 186 (restrictions relating to notice in connection with the end of fixed term); x section 188 (restrictions on making a possession claim following serious rent arrears: fixed term standard contracts); xi section 192 (restrictions on making a possession claim following use of contract-holder's break clause in a fixed term standard contract); xii section 196 (restriction on use of landlord's break clause in a fixed term standard contract until after the first 18 months of occupation); xiii sections ... 198 and 200 (restrictions relating to landlord's break clause in a fixed term standard contract); xiv section 203 (review of a decision to give a notice requiring possession: introductory standard contracts and prohibited conduct standard contracts), xv Schedule 9A (restrictions on giving notice under sections 173 and 186 and under a landlord's break clause: breach of statutory obligations), or b if the landlord was required to give a possession notice and has failed to comply with section 150 or (in relation to an introductory standard contract or a prohibited conduct standard contract) section 151. 2 Subsection (1) does not apply if the court considers it reasonable to dispense with the requirements mentioned in that subsection. 3 Subsection (1) does not apply to an application for an order for possession against a sub-holder under section 65(2) (extended possession order). Orders for possession 205 1 The court may make an order requiring the contract-holder under an occupation contract to give up possession of the dwelling only on one or more of the grounds in— a section 157 (breach of contract); b section 160 (estate management); c section 165 (contract-holder's notice: secure contracts); d section 170 (contract-holder's notice: periodic standard contracts); e section 178 (landlord's notice: periodic standard contracts); f section 181 (serious rent arrears: periodic standard contracts); g section 186 (landlord's notice in connection with end of fixed term); h section 187 (serious rent arrears: fixed term standard contracts); i section 191 (contract-holder's notice: fixed term standard contracts); j section 199 (landlord's notice: fixed term standard contracts). 2 Where the landlord is required to give the contract-holder a possession notice, the court may not make an order for possession on a ground that is not specified in the landlord's possession notice. 3 But the court may allow the ground (or grounds) specified in the possession notice to be altered or added to at any time before the court makes an order for possession. Effect of order for possession 206 1 If the court makes an order requiring the contract-holder under an occupation contract to give up possession of the dwelling on a date specified in the order, the contract ends— a if the contract-holder gives up possession of the dwelling on or before that date, on that date, b if the contract-holder gives up possession of the dwelling after that date but before the order for possession is executed, on the day on which he or she gives up possession of the dwelling, or c if the contract-holder does not give up possession of the dwelling before the order for possession is executed, when the order for possession is executed. 2 Subsection (3) applies if— a it is a condition of the order that the landlord must offer a new occupation contract in respect of the same dwelling to one or more joint contract-holders (but not all of them), and b that joint contract-holder (or those joint contract-holders) continue to occupy the dwelling on and after the occupation date of the new contract. 3 The occupation contract in relation to which the order for possession was made ends immediately before the occupation date of the new contract. 4 This section is a fundamental provision which is incorporated as a term of all occupation contracts. Participation in proceedings 207 1 A person occupying a dwelling subject to an occupation contract who has home rights is entitled, so long as the person remains in occupation— a to be a party to any proceedings on a possession claim relating to the dwelling, or in connection with an order for possession of the dwelling, or b to seek an adjournment, postponement, stay or suspension under section 211, 214 or 219. 2 “ Home rights ” has the meaning given by section 30(2) of the Family Law Act 1996 (c. 27). Misrepresentation or concealment of facts used to obtain order for possession 208 1 This section applies if, after the landlord under an occupation contract obtains an order for possession against the contract-holder, the court is satisfied that the order was obtained by misrepresentation or concealment of material facts. 2 The court may order the landlord to pay to the contract-holder such sum as appears sufficient compensation for damage or loss sustained by the contract-holder as a result of the order. CHAPTER 10 POSSESSION CLAIMS: POWERS OF COURT IN RELATION TO DISCRETIONARY GROUNDS (THIS CHAPTER APPLIES TO ALL OCCUPATION CONTRACTS) Breach of contract ground 209 1 This section applies if the landlord under an occupation contract makes a possession claim on the ground in section 157 (breach of contract). 2 The court may not make an order for possession on that ground unless it considers it reasonable to do so. 3 The court is not prevented from making an order for possession on that ground merely because the contract-holder ceased to be in breach of the contract before the landlord made the possession claim. 4 Schedule 10 makes provision as regards the reasonableness of making an order for possession. Estate management grounds 210 1 This section applies if the landlord under an occupation contract makes a possession claim under section 160 on one or more of the estate management grounds. 2 The court may not make an order for possession on that ground (or those grounds) unless— a it considers it reasonable to do so, and b it is satisfied that suitable alternative accommodation is available to the contract-holder (or will be available to the contract-holder when the order takes effect). 3 Schedule 10 makes provision as regards the reasonableness of making an order for possession. 4 Whether suitable alternative accommodation is, or will be, available to the contract-holder is to be determined in accordance with Schedule 11. 5 If the landlord makes a possession claim on estate management Ground B and the redevelopment scheme is approved under Part 2 of Schedule 8 subject to conditions, the court may not make an order for possession unless it is satisfied that the conditions are or will be met. 6 If the court makes an order for possession and the landlord is required to pay the contract-holder a sum under section 160(4), the sum payable— a if not agreed between the landlord and contract-holder, is to be determined by the court, and b is recoverable from the landlord as a civil debt. Powers to adjourn proceedings and postpone giving up of possession 211 1 If a landlord's possession claim relies on the ground in section 157 (breach of contract) or on one or more of the estate management grounds, the court may adjourn proceedings on the claim for such period or periods as it considers reasonable. 2 If the court makes an order for possession under section 209 or 210, it may (on making the order or at any time before the order is executed) postpone the giving up of possession for such period or periods as it thinks fit. 3 The giving up of possession may be postponed by the order for possession, or by suspending or staying execution of the order for possession. 4 On an adjournment or postponement under this section, the court must impose conditions as regards— a payment by the contract-holder of arrears of rent (if any), and b continued payment of rent (if any), unless it considers that to do so would cause exceptional hardship to the contract-holder or would otherwise be unreasonable. 5 The court may impose any other conditions it thinks fit. 6 If the contract-holder complies with the conditions, the court may discharge the order for possession. 7 Schedule 10 makes provision as regards the reasonableness of an adjournment or postponement. CHAPTER 11 POSSESSION CLAIMS: POWERS OF COURT IN RELATION TO ABSOLUTE GROUNDS (THIS CHAPTER APPLIES ONLY TO SECURE CONTRACTS) Contract-holder's notice ground 212 1 This section applies if— a the landlord under a secure contract makes a possession claim on the ground in section 165 (contract-holder's notice), and b the court is satisfied that the ground is made out. 2 The court must make an order for possession of the dwelling (subject to any available defence based on the contract-holder's Convention rights). 3 This section is subject to section 213 (review by the county court). Review of claim made on absolute ground 213 1 This section applies if a landlord under a secure contract makes a possession claim in the county court on the ground in section 165 (contract-holder fails to give up possession following a contract-holder's notice), and— a the landlord is a community landlord, or b the landlord's decision to make a possession claim on that ground is subject to judicial review. 2 The contract-holder may make an application in the possession proceedings for a review by the county court of the landlord's decision to make the claim. 3 The county court may confirm or quash the decision. 4 In considering whether to confirm or quash the decision, the county court must apply the principles applied by the High Court on an application for judicial review. 5 If the county court quashes the decision it may— a set aside the possession notice and dismiss the possession proceedings; b make any order the High Court could make when making a quashing order on an application for judicial review. 6 The contract-holder may not make an application under subsection (2) after an order for possession has been made in respect of the dwelling. Powers to postpone giving up of possession 214 1 This section applies if the court makes an order for possession of a dwelling under section 212. 2 The court may not postpone the giving up of possession to a date later than 14 days after the making of the order, unless it appears to the court that exceptional hardship would be caused if the giving up of possession were not postponed to a later date. 3 The giving up of possession may not in any event be postponed to a date later than six weeks after the making of the order. 4 The giving up of possession may be postponed by the order for possession, or by suspending or staying execution of the order for possession. CHAPTER 12 POSSESSION CLAIMS: POWERS OF COURT IN RELATION TO ABSOLUTE GROUNDS (THIS CHAPTER APPLIES ONLY TO STANDARD CONTRACTS) Absolute grounds for possession relating to standard contracts Notice grounds 215 1 Subsection (2) applies if— a the landlord under a standard contract makes a possession claim on the ground in section 170 or 191 (contract-holder's notice) or section 186 (landlord's notice in connection with end of fixed term), and b the court is satisfied that the ground is made out. 2 The court must make an order for possession of the dwelling (subject to any available defence based on the contract-holder's Convention rights). 3 Subsection (4) applies if— a the landlord under a standard contract makes a possession claim on the ground in section 178 or 199 (landlord's notice), and b the court is satisfied that the ground is made out. 4 The court must make an order for possession of the dwelling unless section 217 (retaliatory evictions) applies (and subject to any available defence based on the contract-holder's Convention rights). 5 This section is subject to section 218 (review by the county court). Serious rent arrears grounds 216 1 This section applies if the landlord under a standard contract makes a possession claim on the ground in section 181 or 187 (serious rent arrears). 2 If the court is satisfied that the contract-holder— a was seriously in arrears with his or her rent on the day on which the landlord gave the contract-holder a possession notice, and b is seriously in arrears with his or her rent on the day on which the court hears the possession claim, it must make an order for possession of the dwelling (subject to any available defence based on the contract-holder's Convention rights). 3 Section 181(2) or (as the case may be) section 187(2) applies for determining whether a contract-holder is seriously in arrears with his or her rent. 4 This section is subject to section 218 (review by the county court). Retaliatory eviction: absolute ground that becomes a discretionary ground Retaliatory possession claims to avoid obligations to repair etc. 217 1 This section applies if— a a landlord under a standard contract makes a possession claim on the ground in section 178 or section 199 (landlord's notice), and b the court considers that the claim is a retaliatory claim. 2 The court may refuse to make an order for possession. 3 A possession claim is a retaliatory claim if— a the contract-holder has enforced or relied on the landlord's obligations under section 91 or 92, and b the court is satisfied that the landlord has made the possession claim to avoid complying with those obligations. 4 The Welsh Ministers may by regulations amend this section for the purpose of providing for further descriptions of retaliatory claim. Review and postponement Review of claim made on absolute ground 218 1 This section applies if a landlord under a standard contract makes a possession claim in the county court on a ground in a section to which subsection (2) applies, and— a the landlord is a community landlord, or b the landlord's decision to make a possession claim on that ground is subject to judicial review. 2 This subsection applies to the following sections— a section 170 (contract-holder's notice: periodic standard contracts), b section 178 (landlord's notice: periodic standard contracts), c section 181 (serious rent arrears: periodic standard contracts), d section 186 (landlord's notice in connection with end of fixed term), e section 187 (serious rent arrears: fixed term standard contracts), f section 191 (contract-holder's notice: fixed term standard contracts), and g section 199 (landlord's notice: fixed term standard contracts). 3 The contract-holder may make an application in the possession proceedings for a review by the county court of the landlord's decision to make the claim. 4 The contract-holder may make an application under this section regardless of whether he or she requested a review by the landlord under section 202 (introductory standard contracts and prohibited conduct standard contracts). 5 The contract-holder may not make an application under this section on the ground that the possession claim was a retaliatory claim (within the meaning of section 217). 6 The county court may confirm or quash the decision to make the claim. 7 In considering whether to confirm or quash the decision, the county court must apply the principles applied by the High Court on an application for judicial review. 8 If the county court quashes the decision it may— a set aside the possession notice or (as the case may be) the landlord's notice and dismiss the possession proceedings; b make any order the High Court could make when making a quashing order on an application for judicial review. 9 The contract-holder may not make an application under subsection (3) after an order for possession has been made in respect of the dwelling. Powers to postpone giving up of possession 219 1 This section applies if the court makes an order for possession of a dwelling under section 215 or 216. 2 The court may not postpone the giving up of possession to a date later than 14 days after the making of the order, unless it appears to the court that exceptional hardship would be caused if the giving up of possession were not postponed to a later date. 3 The giving up of possession may not in any event be postponed to a date later than six weeks after the making of the order. 4 The giving up of possession may be postponed by the order for possession, or by suspending or staying execution of the order for possession. CHAPTER 13 ABANDONMENT (THIS CHAPTER APPLIES TO ALL OCCUPATION CONTRACTS) Possession of abandoned dwellings 220 1 If the landlord under a relevant occupation contract believes that the contract-holder has abandoned the dwelling, the landlord may recover possession of the dwelling in accordance with this section. 2 An occupation contract is relevant if it is a term of the contract (however expressed) that the contract-holder must occupy the dwelling as his or her only or principal home. 3 The landlord must give the contract-holder notice— a stating that the landlord believes that the contract-holder has abandoned the dwelling, b requiring the contract-holder to inform the landlord in writing before the end of the warning period if the contract-holder has not abandoned the dwelling, and c informing the contract-holder of the landlord's intention to end the contract if at the end of the warning period the landlord is satisfied that the contract-holder has abandoned the dwelling. 4 During the warning period the landlord must make such inquiries as are necessary to satisfy the landlord that the contract-holder has abandoned the dwelling. 5 At the end of the warning period the landlord may, if satisfied as described in subsection (4), end the contract by giving the contract-holder a notice. 6 The contract ends when the notice under subsection (5) is given to the contract-holder. 7 If an occupation contract is ended under this section the landlord may recover possession of the dwelling without court proceedings. 8 The warning period is the period of four weeks starting with the day on which a notice under subsection (3) is given to the contract-holder. 9 The landlord must give a copy of a notice under subsection (3) and a copy of a notice under subsection (5) to any lodger or sub-holder of the contract-holder. Disposal of property 221 1 The Welsh Ministers may by regulations make provision in connection with safeguarding property (other than the landlord's property) that is in the dwelling when a contract ends under section 220, and delivering it to its owner. 2 The regulations may, amongst other things— a provide that delivery of property is conditional on payment of expenses incurred by the landlord; b authorise the disposal of property after a prescribed period; c allow the landlord to apply any proceeds from selling property in satisfaction of expenses incurred by the landlord and amounts due from the contract-holder under the contract. Contract-holder's remedies 222 1 A contract-holder may, before the end of the period of six months starting with the day on which he or she is given notice under section 220(5), apply to the court on a ground in subsection (2) for a declaration or order under subsection (3). 2 The grounds are— a that the landlord failed to give notice under section 220(3) or failed to make the inquiries required by section 220(4); b that the contract-holder had not abandoned the dwelling and there is a good reason for his or her failure to respond (or to respond adequately) to the notice under section 220(3); c that when the landlord gave the notice to the contract-holder under section 220(5) the landlord did not have reasonable grounds for being satisfied that the contract-holder had abandoned the dwelling. 3 If the court finds that one or more of the grounds is made out it may— a make a declaration that the notice under section 220(5) is of no effect and the occupation contract continues to have effect in relation to the dwelling, b order the landlord to provide suitable alternative accommodation to the contract-holder, or c make any other order it thinks fit. 4 If the court does either of the things mentioned in paragraph (a) or (b) of subsection (3), it may make such further order as it thinks fit. 5 The suitability of alternative accommodation is to be determined in accordance with Schedule 11. Power to vary periods of time relating to abandonment 223 The Welsh Ministers may by regulations— a amend section 220(8) by substituting a different period of time for the period for the time being referred to; b amend section 222(1) by substituting a different period of time for the period for the time being referred to. Rights of entry 224 1 Subsection (2) applies if the landlord under a relevant occupation contract reasonably believes that the contract-holder has abandoned the dwelling. 2 The landlord may enter the dwelling at any time in order to make it secure or to safeguard its contents and any fixtures or fittings, and may use reasonable force to do so. 3 An occupation contract is relevant if it is a term of the contract (however expressed) that the contract-holder must occupy the dwelling as his or her only or principal home. CHAPTER 14 JOINT CONTRACT-HOLDERS: EXCLUSION AND TERMINATION (THIS CHAPTER APPLIES TO ALL OCCUPATION CONTRACTS) Exclusion of joint contract-holders Non-occupation: exclusion by landlord 225 1 If the landlord under an occupation contract believes that a joint contract-holder who is required to occupy the dwelling (“J”)— a does not occupy the dwelling, and b does not intend to occupy it, the landlord may end J's rights and obligations in accordance with this section. 2 A joint contract-holder is required to occupy the dwelling if it is a term of the contract (however expressed) that he or she must occupy the dwelling as his or her only or principal home. 3 The landlord must give J notice— a stating that the landlord believes that J does not occupy, and does not intend to occupy, the dwelling, b requiring J to inform the landlord in writing before the end of the warning period if J occupies or intends to occupy the dwelling, and c informing J of the landlord's intention to end J's rights and obligations under the contract if at the end of the warning period the landlord is satisfied that J does not occupy, and does not intend to occupy, the dwelling. 4 The warning period is the period of four weeks starting with the day on which a notice under subsection (3) is given to J. 5 During the warning period the landlord must make such inquiries as are necessary to satisfy the landlord that J does not occupy the dwelling and does not intend to occupy it. 6 At the end of the warning period the landlord may, if satisfied as described in subsection (5), end J's rights and obligations under the contract by giving him or her a notice. 7 J ceases to be a party to the contract at the end of the period of eight weeks starting with the day on which he or she is given notice under subsection (6). 8 The landlord must give a copy of a notice under subsection (3) and (if one was given to J) a copy of a notice under subsection (6) to each of the other joint contract-holders. Remedies for exclusion under section 225 226 1 J may, before the end of the period of eight weeks starting with the day on which he or she is given notice under section 225(6), apply to the court on a ground in subsection (2) for a declaration under subsection (3). 2 The grounds are— a that the landlord failed to give notice under section 225(3) or failed to make the inquiries required by section 225(5); b that J occupied, or intended to occupy, the dwelling and there is a good reason for his or her failure to respond (or to respond adequately) to the notice under section 225(3); c that when the landlord gave the notice to J under section 225(6) the landlord did not have reasonable grounds for being satisfied that J did not occupy, and did not intend to occupy, the dwelling. 3 If the court finds that one or more of the grounds are made out it may— a make a declaration that the notice under section 225(6) is of no effect and that J continues to be a party to the contract, and b make such further order as it thinks fit. Non-occupation: exclusion by joint contract-holder 227 1 If a joint contract-holder (“C”) believes that another joint contract-holder (“J”) who is required under an occupation contract to occupy the dwelling— a does not occupy the dwelling, and b does not intend to occupy it, J's rights and obligations under the contract may be ended in accordance with this section. 2 A joint contract-holder is required to occupy the dwelling if it is a term of the contract (however expressed) that he or she must occupy the dwelling as his or her only or principal home. 3 C must give J notice— a stating that C believes that J does not occupy, and does not intend to occupy, the dwelling, b requiring J to inform C in writing before the end of the warning period if J occupies or intends to occupy the dwelling, and c informing J that if at the end of the warning period C is satisfied that J does not occupy, and does not intend to occupy, the dwelling, J's rights and obligations under the contract may be ended. 4 C must give a copy of a notice under subsection (3)— a to the landlord, and b if there are joint contract-holders other than C and J, to each of those other joint contract-holders. 5 During the warning period C must make such inquiries as are necessary to satisfy himself or herself that J does not occupy the dwelling and does not intend to occupy it. 6 At the end of the warning period C may, if satisfied as described in subsection (5), apply to the court for an order ending J's rights and obligations under the occupation contract. 7 If the court is satisfied that J does not occupy, and does not intend to occupy, the dwelling, it may make the order applied for under subsection (6). 8 But it may not make the order if the fact that J does not occupy, and does not intend to occupy, the dwelling is attributable to C or another joint contract-holder failing to comply with section 55 (anti-social behaviour and other prohibited conduct). 9 If the court makes the order, J ceases to be a party to the contract on the date specified in the order. 10 The warning period is the period of four weeks starting with the day on which a notice under subsection (3) is given to J. Remedies for exclusion under section 227 228 1 Subsection (2) applies if the court makes an order under section 227(7) ending J's rights and obligations under the occupation contract. 2 J may, before the end of the period of six months starting with the day on which the order is made, apply to the court on a ground in subsection (3) for an order and declaration under subsection (4)(a). 3 The grounds are— a that C failed to give notice under section 227(3) or failed to make the inquiries required by section 227(5); b that J occupied or intended to occupy the dwelling and there is a good reason for his or her failure to respond (or to respond adequately) to the notice under section 227(3); c that when C applied to the court he or she did not have reasonable grounds for being satisfied that J did not occupy, and did not intend to occupy, the dwelling. 4 If the court finds that one or more of the grounds is made out it may— a by order rescind its order under section 227, and declare that J continues to be a party to the occupation contract, and b make such further order as it thinks fit. Power to vary periods of time relating to exclusion of joint contract-holder 229 The Welsh Ministers may by regulations— a amend section 225(4) by substituting a different period of time for the period for the time being referred to; b amend section 226(1) by substituting a different period of time for the period for the time being referred to; c amend section 227(10) by substituting a different period of time for the period for the time being referred to; d amend section 228(2) by substituting a different period of time for the period for the time being referred to. Prohibited conduct: exclusion by landlord 230 1 If the landlord under an occupation contract believes that a joint contract-holder (“J”) is in breach of section 55 (anti-social behaviour and other prohibited conduct), J's rights and obligations under the contract may be ended in accordance with this section. 2 The landlord must give J a notice— a stating that the landlord believes that J is in breach of section 55, b specifying particulars of the breach, and c stating that the landlord will apply to the court for an order ending J's rights and obligations under the contract. 3 The landlord must give a notice to the other joint contract-holders stating that the landlord— a believes that J is in breach of section 55, and b will apply to the court for an order ending J's rights and obligations under the contract. 4 The landlord may apply to the court for an order ending J's rights and obligations under the contract at any time before the end of the period of six months starting with the day on which the landlord gives J the notice under subsection (2). 5 The court may make such an order if it would have made an order for possession against J, had the circumstances been those mentioned in subsection (6). 6 The circumstances are that— a J was the sole contract-holder under the contract, and b the landlord had made a possession claim against J on the ground that J was in breach of section 55. 7 If the court makes the order, J ceases to be a party to the contract on the date specified in the order. Termination Termination of occupation contract with joint contract-holders 231 1 If there are joint contract-holders under an occupation contract, the contract cannot be ended by the act of one or more of the joint contract-holders acting without the other joint contract-holder or joint contract-holders. 2 This section is a fundamental provision which is incorporated as a term of all occupation contracts. CHAPTER 15 FORFEITURE AND NOTICES TO QUIT NOT AVAILABLE Forfeiture and notices to quit 232 1 A landlord under an occupation contract may not rely on— a any provision in the contract for re-entry or forfeiture, or b any enactment (other than this Act or an enactment made under it) or rule of law as to re-entry or forfeiture. 2 A landlord under an occupation contract may not serve a notice to quit. 3 Accordingly any provision in an occupation contract for re-entry or forfeiture, or relating to a landlord's notice to quit or the circumstances in which such a notice may be served, is of no effect. PART 10 MISCELLANEOUS CHAPTER 1 FURTHER PROVISIONS RELATING TO OCCUPATION CONTRACTS Effect of reaching 18 Effect of reaching 18 233 1 This section applies to a tenancy or licence which is not an occupation contract because paragraph 7(2) of Schedule 2 (all those with whom tenancy or licence is made are under 18) applies to it. 2 When the relevant person reaches the age of 18, the following questions are to be determined as if the tenancy or licence were made on the day the person reaches that age— a whether the tenancy or licence is an occupation contract, b the identity of the contract-holders under the contract, and c whether it is a secure contract or a standard contract. 3 The relevant person— a if the tenancy or licence is made with one person, is that person, and b if the tenancy or licence is made with more than one person, is the first of them to reach the age of 18. Consultation obligations of community landlords Consultation arrangements 234 1 A community landlord must make and maintain such arrangements as it considers appropriate— a for informing contract-holders under occupation contracts with the landlord of relevant proposals on housing management matters, and b for giving the contract-holders a reasonable opportunity to comment on the proposals. 2 The duties in subsection (1)— a apply only where a relevant proposal on a housing management matter is likely to substantially affect all the contract-holders under occupation contracts with the landlord, or a relevant group of such contract-holders, and b apply only in relation to the contract-holders who are likely to be substantially affected. 3 Before making any decision on a relevant proposal on a housing management matter, the landlord must consider any comments made by contract-holders in accordance with the arrangements. 4 “ Relevant proposal on a housing management matter ” means a proposal that, in the opinion of the landlord, is about— a a new programme of maintenance, improvement or demolition of dwellings subject to occupation contracts, or b a change in the practice or policy of the landlord in relation to management, maintenance, improvement or demolition of such dwellings. 5 But a proposal is not a relevant proposal on a housing management matter so far as it relates to— a the rent payable or other consideration due to the landlord, or b charges for services and facilities provided by the landlord. 6 “ Relevant group ” means a group that— a forms a distinct social group, or b occupies dwellings which constitute a distinct class (whether by reference to the kind of dwelling, or the housing estate or other larger area in which they are situated). 7 This section is subject to paragraph 12(7) in Part 2 of Schedule 8 (approval of redevelopment schemes). Statement of consultation arrangements 235 1 A landlord required to make arrangements under section 234 must prepare and publish a statement of the arrangements. 2 If the landlord is a local housing authority, it must make a copy of the statement available at the landlord's principal office for inspection at all reasonable times, without charge, by members of the public. 3 If the landlord is a registered social landlord or a private registered provider of social housing, it must send a copy of the statement to the Welsh Ministers and the local housing authority for the area in which the dwellings are situated. 4 A local housing authority to which a copy is sent under subsection (3) must make it available at its principal office for inspection at all reasonable times, without charge, by members of the public. 5 The landlord must give a copy of the statement— a to any contract-holder under an occupation contract with the landlord who asks for one, free of charge, and b to any other person who asks for one, on payment of a reasonable fee. 6 The landlord must also— a prepare a summary of the statement, and b provide a copy of the summary without charge to any person who asks for one. Notices, statements and other documents Form of notices, statements and other documents 236 1 This section applies to any notice or other document (including a copy of a document) required or authorised to be given or made by or because of this Act. 2 The notice or document must be in writing. 3 The Welsh Ministers may prescribe the form of the notice or document and, unless the regulations provide otherwise, a notice or document not in the prescribed form is of no effect. 4 The notice or document may be in electronic form (subject to section 237(4)) provided it— a has the certified electronic signature of each person by whom it is required to be signed or executed, and b complies with such other conditions as may be prescribed. 5 A notice or document within subsection (4) is to be treated as signed or executed by each person whose certified electronic signature it has. 6 If a notice or document in electronic form is authenticated by a person as agent, it is to be regarded for the purposes of any enactment as authenticated by that person under the written authority of that person's principal. 7 References to an electronic signature and to the certification of such a signature are to be read in accordance with section 7(2) and (3) of the Electronic Communications Act 2000 (c. 7). Giving notices, statements and other documents 237 1 This section applies where this Act requires or authorises a person to— a notify a person of something, or b give a document to a person (including a notice or a copy of a document). 2 The notification or document may be given to a person— a by delivering it to the person, b by leaving it at, or posting it to, one of the places mentioned in subsection (3), or c if the conditions in subsection (4) are complied with, by sending it to the person in electronic form. 3 The places are— a the person's last known residence or place of business, b any place specified by the person as a place where the person may be given notifications or documents, or c if the notification or document is given to a person in that person's capacity as a contract-holder, the dwelling subject to the occupation contract. 4 A notification or document may be given to a person by sending it in an electronic form if it complies with the conditions in, and any conditions under, section 236(4) and— a the person has indicated a willingness to receive the notification or document electronically, b the text is received by the person in legible form, and c the text is capable of being used for subsequent reference. 5 The notification or document may be given to a body corporate by being given to the secretary or clerk of that body. 6 A notification or document given to a person by leaving it at any of the places mentioned in subsection (3) is to be treated as having been given at the time at which it was left at that place. CHAPTER 2 TRESPASSERS: IMPLIED TENANCIES AND LICENCES Implied tenancies and licences 238 1 This section applies if— a a dwelling which is not subject to an occupation contract is occupied as a home by a person (“T”) who is a trespasser in relation to that dwelling, and b T makes payments in respect of his or her occupation of the dwelling to a person (“P”) who would be entitled (whether alone or jointly) to bring proceedings to evict T as a trespasser. 2 If P accepts such payments from T— a knowing that T is a trespasser in relation to the dwelling, or b at a time when P ought reasonably to know that T is a trespasser in relation to the dwelling, P is to be treated as having made a periodic contract with T immediately after the end of the relevant period. 3 The relevant period is the period of two months starting with the day on which P first accepts a payment from T as mentioned in subsection (2). 4 Subsection (2) does not apply if before the end of the relevant period P brings proceedings to evict T as a trespasser or otherwise shows an intention to treat T as a trespasser. 5 A contract under subsection (2) is either a tenancy or a licence. 6 The tenancy or licence entitles T to occupy the dwelling as a home from the day immediately after the last day of the relevant period. 7 The amount of rent and rental periods are to be determined having regard to the amount and frequency of the payment or payments made by T and any other relevant circumstances. 8 A tenancy or licence under which T is entitled to occupy the dwelling as a home may not be implied except as provided in this section; but nothing in this section prevents P and T expressly making such a tenancy or licence before the end of the relevant period. CHAPTER 3 TENANCIES AND LICENCES EXISTING BEFORE COMMENCEMENT OF THIS CHAPTER Abolition of assured, secure and other tenancies 239 1 On and after the appointed day, no tenancy or licence (whenever made) can be— a a restricted contract; b a protected shorthold tenancy; c a secure tenancy; d an assured tenancy (including an assured shorthold tenancy); e an introductory tenancy; f a demoted tenancy. 2 If, immediately before the appointed day, the landlord under a protected or statutory tenancy might have recovered possession of the dwelling-house subject to the tenancy under Case 19 of Schedule 15 to the Rent Act 1977 (c. 42) (former protected shorthold tenancies), the tenancy ceases to be a protected or statutory tenancy on the appointed day. 3 Nothing in this section ends a tenancy or licence within subsection (1) or (2). Power to make provision about certain tenancies and licences 239A 1 The Welsh Ministers may by regulations amend this Act for the purpose of— a providing that certain provisions do not apply in relation to a tenancy or licence to which subsection (2) applies; b making new provision which only applies to a tenancy or licence to which subsection (2) applies; c making provision in relation to the end of the term of a long tenancy (within the meaning of paragraph 8 of Schedule 2). 2 This subsection applies to any tenancy or licence which would, but for section 239, have been a tenancy or licence of the kind listed in subsection (1) of that section, or would have been treated as a tenancy or licence of that kind. 3 Regulations under this section may make provision about tenancies or licences which are not, and cannot be, occupation contracts. Conversion of tenancies and licences existing before commencement of Chapter 240 1 For the purposes of determining the matters in subsection (2), a tenancy or licence which existed immediately before the appointed day is to be treated as if it were made on the appointed day. 2 The matters are— a whether the tenancy or licence is an occupation contract, b the identity of the contract-holders under the contract, and c whether the contract is a secure contract or a standard contract. 3 Subsections (4) to (7) apply to a tenancy or licence which becomes an occupation contract on the appointed day. 4 The fundamental provisions applicable to the contract are incorporated as terms of the contract. 5 The existing terms of the contract continue to have effect, except to the extent that they— a are incompatible with a fundamental provision incorporated as a term of the contract, or b are terms of the contract because of an enactment repealed or revoked under this Act. 6 The supplementary provisions applicable to the contract are incorporated as terms of the contract, except to the extent that they are incompatible with the existing terms of the contract. 7 This section is subject to Schedule 12 (which makes further provision about existing tenancies and licences, modifies the application of this Act, and includes a fundamental provision incorporated into certain standard contracts). Pre-existing contracts 241 1 This section applies where, on or after the appointed day, a tenancy or licence is made in pursuance of a contract made before the day on which the order specifying the appointed day is made by the Welsh Ministers. 2 Section 240 and Schedule 12 apply to the tenancy or licence as if— a the day on which it is made is the appointed day, and b immediately before that day it was a tenancy or licence of the kind it would have been on that day but for this Act. 3 Paragraphs 2(3), 4(1) and (3), 11, 12, 13 and 23(3) and (7) of Schedule 12 do not apply in relation to the tenancy or licence. Interpretation of Chapter 242 In this Chapter— “ the appointed day ” (“ y diwrnod penodedig ”) is the day appointed under section 257 as the day on which section 239 comes into force; “ assured shorthold tenancy ” (“ tenantiaeth fyrddaliol sicr ”) has the same meaning as in the Housing Act 1988 (c. 50); “ assured tenancy ” (“ tenantiaeth sicr ”) has the same meaning as in the Housing Act 1988 (and includes an assured shorthold tenancy); “ demoted tenancy ” (“ tenantiaeth isradd ”) means a tenancy to which section 143A of the Housing Act 1996 (c. 52) applies; “ introductory tenancy ” (“ tenantiaeth ragarweiniol ”) has the same meaning as in the Housing Act 1996; “ protected shorthold tenancy ” (“ tenantiaeth fyrddaliol warchodedig ”), “ protected tenancy ” (“ tenantiaeth warchodedig ”), “ restricted contract ” (“ contract cyfyngedig ”) and “ statutory tenancy ” (“ tenantiaeth statudol ”) have the same meaning as in the Rent Act 1977 (c. 42); “ secure tenancy ” (“ tenantiaeth ddiogel ”) has the same meaning as in the Housing Act 1985 (c. 68) ... PART 11 FINAL PROVISIONS Interpretation of Act Local authority and other authorities 243 1 This section applies for the purposes of interpreting this Act. 2 The following are local authorities— a a county council for an area in Wales, b a county borough council, and c a police and crime commissioner for a police area in Wales. 3 “Local housing authority” (other than in paragraph 10A and paragraph 12 of Schedule 2) means a county council for an area in Wales or a county borough council. 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 “ New town corporation ” has the same meaning as in the Housing Act 1985 (c. 68) (see section 4 of that Act). 6 “ Urban development corporation ” means an urban development corporation established under Part 16 of the Local Government, Planning and Land Act 1980 (c. 65) and includes any body established under section 165B of that Act. Landlord, lodger and permitted occupier 244 1 This section applies for the purposes of interpreting this Act. 2 The landlord, in relation to an occupation contract, is the person that is (or purports to be) entitled to confer on an individual a right to occupy the dwelling as a home. 3 A person lives in a dwelling as a lodger if the tenancy or licence under which he or she occupies the dwelling falls within paragraph 6 of Schedule 2 (accommodation shared with landlord). 4 But a person does not live in a dwelling as a lodger if he or she is given notice under paragraph 3 of Schedule 2 that his or her tenancy or licence is an occupation contract. 5 A person is a permitted occupier of a dwelling subject to an occupation contract if— a he or she lives in the dwelling as a lodger or sub-holder of the contract-holder, or b he or she is not a lodger or sub-holder but is permitted by the contract-holder to live in the dwelling as a home. Occupation date of an occupation contract 245 In this Act, the occupation date of an occupation contract is the day on which the contract-holder is entitled to begin occupying the dwelling. Dwelling 246 1 For the purposes of this Act “ dwelling ” means a dwelling which is ... in Wales, and— a does not include any structure or vehicle which is capable of being moved from one place to another, but b includes any land occupied together with the dwelling, unless the land is agricultural land exceeding 0.809 hectares. 2 “ Agricultural land ” means— a land used as arable, meadow or pasture ground only; b land used for a plantation or a wood or for the growth of saleable underwood; c land used for the purpose of poultry farming, market gardens, nursery grounds, orchards or allotments, including allotment gardens within the meaning of the Allotments Act 1922 (c. 51), but does not include land occupied together with a house as a park, gardens (other than as mentioned in paragraph (c)) or pleasure grounds, land used mainly or exclusively for purposes of sport or recreation or land used as a racecourse. 3 Dwelling, in relation to an occupation contract, means the dwelling subject to the contract. Meaning of “variation” of occupation contract 247 In this Act “ variation ”, in relation to an occupation contract— a includes the addition or removal of a term of the contract; b does not include any change in the identity of the landlord or contract-holder under the contract. The court 248 In this Act “ the court ” means the High Court or the county court. Lease, tenancy and related expressions 249 1 In this Act “ lease ” and “ tenancy ” have the same meaning. 2 Both expressions include— a a sub-lease or a sub-tenancy, and b a lease or tenancy (or a sub-lease or sub-tenancy) in equity. 3 The expressions “lessor” and “lessee” and “landlord” and “tenant”, and references to letting, to the grant or making of a lease or to covenants or terms, are to be read accordingly. 4 “Tenancy” and “licence” mean a tenancy or licence relating to a dwelling (see section 246). Members of a family 250 1 A person is a member of another's family for the purposes of this Act if— a he or she is the spouse or civil partner of that person, b he or she and that person live together as if they were spouses or civil partners, or c he or she is that person's parent, grandparent, child, grandchild, brother, sister, uncle, aunt, nephew or niece. 2 For the purposes of subsection (1)(c)— a a relationship by marriage or civil partnership is to be treated as a relationship by blood, b a relationship between persons who have only one parent in common is to be treated as a relationship between persons who have both parents in common, and c except for the purposes of paragraph (b), the stepchild of a person is to be treated as his or her child. Family property order 251 1 For the purposes of this Act a family property order is an order under— a section 24 of the Matrimonial Causes Act 1973 (c. 18) (property adjustment orders in connection with matrimonial proceedings), b section 17 or 22 of the Matrimonial and Family Proceedings Act 1984 (c. 42) (property adjustment orders etc. after overseas divorce), c paragraph 1 of Schedule 1 to the Children Act 1989 (c. 41) (orders for financial relief against parents), d Schedule 7 to the Family Law Act 1996 (c. 27) (transfer of tenancies on divorce or separation), e Part 2 of Schedule 5 to the Civil Partnership Act 2004 (c. 33) (property adjustment orders in connection with civil partnership), or f paragraph 9 or 13 of Schedule 7 to that Act (property adjustment orders etc. on overseas dissolution of civil partnership). 2 An order under Schedule 1 to the Matrimonial Homes Act 1983 (c. 19) (as it continues to have effect because of Schedule 9 to the Family Law Act 1996) is also a family property order. Minor definitions 252 In this Act— “ common parts ” (“ rhannau cyffredin ”), in relation to a dwelling subject to an occupation contract, means— any part of a building comprising that dwelling, and any other premises (including any other dwelling), which the contract-holder is entitled under the terms of the contract to use in common with others; “ contract of employment ” (“ contract cyflogaeth ”) means a contract of service or apprenticeship, whether express or implied and (if it is express) whether oral or in writing; “ Convention rights ” (“ hawliau Confensiwn ”) has the same meaning as in the Human Rights Act 1998 (c. 42); “ enactment ” (“ deddfiad ”) means an enactment (whenever enacted or made, unless the contrary intention appears) comprised in, or in an instrument made under— an Act of Parliament, or a Measure or an Act of the National Assembly for Wales (including this Act); “ fixed term contract ” (“ contract cyfnod penodol ”) means an occupation contract that is not a periodic contract; “ housing association ” (“ cymdeithas dai ”) has the same meaning as in the Housing Associations Act 1985 (c. 69) (see section 1 of that Act); “housing association tenancy” (“ tenantiaeth cymdeithas dai ”) has the same meaning as in Part 6 of the Rent Act 1977 (c. 42) (see section 86 of that Act); “ housing trust ” (“ ymddiriedolaeth dai ”) has the same meaning as in that Act (see section 2 of that Act); “ prescribed ” (“ rhagnodedig ”) means prescribed by regulations made by the Welsh Ministers; “ registered charity ” (“ elusen gofrestredig ”) means a charity registered under the Charities Act 2011 (c. 25); “ rent ” (“ rhent ”) includes a sum payable under a licence; “ rental period ” (“ cyfnod rhentu ”) means a period in respect of which a payment of rent falls to be made. Index of terms 253 The following table contains an index of terms used in this Act (other than in sections or paragraphs where the term used is defined or explained in that section or paragraph)— TABLE 2 additional terms (of an occupation contract) (“ telerau ychwanegol (contract meddiannaeth) ”) section 28 anti-social behaviour (“ ymddygiad gwrthgymdeithasol ”) section 55 appointed day (“ diwrnod penodedig ”) section 242 assured shorthold tenancy (“ tenantiaeth fyrddaliol sicr ”) section 242 assured tenancy (“ tenantiaeth sicr ”) section 242 authorised deposit scheme (“ cynllun blaendal awdurdodedig ”) section 47 common parts (“ rhannau cyffredin ”) section 252 community landlord (“ landlord cymunedol ”) section 9 contract-holder (“ deiliad contract ”) section 7 (see also section 48) contract-holder's break clause (“ cymal terfynu deiliad contract ”) section 189 contract of employment (“ contract cyflogaeth ”) section 252 Convention rights (“ hawliau Confensiwn ”) section 252 co-operative housing association (“ cymdeithas dai gydweithredol ”) section 9 court (“ llys ”) section 248 demoted tenancy (“ tenantiaeth isradd ”) section 242 deposit (“ blaendal ”) section 47 dwelling (“ annedd ”) section 246 enactment (“ deddfiad ”) section 252 estate management grounds (“ seiliau rheoli ystad ”) section 160 and Schedule 8 family property order (“ gorchymyn eiddo teuluol ”) section 251 fixed term contract (“ contract cyfnod penodol ”) section 252 fully mutual housing association (“ cymdeithas dai gwbl gydfuddiannol ”) section 9 fundamental provision (“ darpariaeth sylfaenol ”) section 18 (see also section 19) fundamental term (“ teler sylfaenol ”) section 19 head landlord (“ prif landlord ”) section 59 . . . . . . housing association (“ cymdeithas dai ”) section 252 housing association tenancy section 252 housing trust (“ ymddiriedolaeth dai ”) section 252 initial requirements (in relation to an authorised deposit scheme) (“ gofynion cychwynnol (o ran cynllun blaendal awdurdodedig) ”) section 47 introduction date (“ dyddiad cyflwyno ”) paragraphs 1 and 2 of Schedule 4 introductory period (“ cyfnod rhagarweiniol ”) paragraph 1 of Schedule 4 introductory standard contract (“ contract safonol rhagarweiniol ”) section 16 introductory tenancy (“ tenantiaeth ragarweiniol ”) section 242 key matter (in relation to an occupation contract) (“ mater allweddol (o ran contract meddiannaeth) ”) sections 26 and 27 landlord (“ landlord ”) section 244 (see also section 53) landlord's break clause (“ cymal terfynu'r landlord ”) section 194 lease (“ les ”) section 249 local authority (“ awdurdod lleol ”) section 243 local housing authority (other than in paragraph 12 of Schedule 2) (“ awdurdod tai lleol ”) section 243 lodger (“ lletywr ”) section 244 member of a family (“ aelod o deulu ”) section 250 new town corporation (“ corfforaeth tref newydd ”) section 243 occupation contract (“ contract meddiannaeth ”) section 7 occupation date (“ dyddiad meddiannu ”) section 245 permitted occupier (“ meddiannydd a ganiateir ”) section 244 possession claim (” hawliad meddiant ”) section 149 possession notice (“ hysbysiad adennill meddiant ”) sections 159, 161, 166, 171, 182, 188 and 192 (and see also section 150) prescribed (“ rhagnodedig ”) section 252 priority successor (in relation to an occupation contract) (“ olynydd â blaenoriaeth (o ran contract meddiannaeth) ”) section 83 priority successor (of a contract-holder) (“ olynydd â blaenoriaeth (i ddeiliad contract) ”) section 75 private landlord (“ landlord preifat ”) section 10 private registered provider of social housing (“ darparwr tai cymdeithasol preifat cofrestredig ”) section 9 probation period (“ cyfnod prawf ”) paragraph 3 of Schedule 7 prohibited conduct (“ ymddygiad gwaharddedig ”) section 55 prohibited conduct standard contract (“ contract safonol ymddygiad gwaharddedig ”) section 116 protected shorthold tenancy (“ tenantiaeth fyrddaliol warchodedig ”) section 242 protected tenancy (“ tenantiaeth warchodedig ”) section 242 registered charity (“ elusen gofrestredig ”) section 252 registered social landlord (“ landlord cymdeithasol cofrestredig ”) section 9 rent (“ rhent ”) section 252 rental period (“ cyfnod rhentu ”) section 252 reserve successor (in relation to an occupation contract) (“ olynydd wrth gefn (o ran contract meddiannaeth) ”) section 83 reserve successor (of a contract-holder) (“ olynydd wrth gefn (i ddeiliad contract) ”) sections 76 and 77 restricted contract (“ contract cyfyngedig ”) section 242 secure contract (“ contract diogel ”) section 8 secure tenancy (“ tenantiaeth ddiogel ”) section 242 security (“ sicrwydd ”) section 47 service installation (“ gosodiad gwasanaeth ”) section 92 standard contract (“ contract safonol ”) section 8 statutory tenancy (“ tenantiaeth statudol ”) section 242 sub-holder (“ isddeiliad ”) section 59 sub-occupation contract (“ contract isfeddiannaeth ”) section 59 supplementary provision (other than in sections 255 and 256) (“ darpariaeth atodol ”) section 23 supplementary term (“ teler atodol ”) section 23 supported accommodation (“ llety â chymorth ”) section 143 supported standard contract (“ contract safonol â chymorth ”) section 143 tenancy (“ tenantiaeth ”) section 249 urban development corporation (“ corfforaeth datblygu trefol ”) section 243 variation (“ amrywiad ”) section 247 Crown application Crown application 254 This Act applies to the Crown. Consequential and transitional provision etc. Power to make consequential and transitional provision etc. 255 1 If the Welsh Ministers consider it necessary or expedient for the purpose of giving full effect to any provision of this Act, or in consequence of any such provision, they may by regulations make— a any supplemental, incidental, or consequential provision, and b any transitory, transitional or saving provision. 2 Regulations under subsection (1) may amend, repeal, revoke or modify any enactment (including a provision of this Act) .... Regulations Regulations 256 1 Any power to make regulations under this Act— a is exercisable by statutory instrument, b may be exercised so as to make different provision for different cases or descriptions of case or different purposes or areas, c may be exercised so as to make different provision for different kinds or descriptions of occupation contract, unless the power applies only in relation to particular kinds or descriptions of occupation contract, and d includes power to make incidental, supplementary, consequential, transitory, transitional or saving provision. 2 Regulations under this Act may make consequential amendments to, and modifications, repeals and revocations of, any enactment (including a provision of this Act) . 3 Regulations to which this subsection applies may not be made unless a draft of the statutory instrument containing the regulations (whether alone or with regulations to which this subsection does not apply) has been laid before, and approved by a resolution of, the National Assembly for Wales. 4 Subsection (3) applies to regulations under— a section 9 (power to amend that section), b section 22 (powers in relation to fundamental provisions), c section 56 (power to amend section 55), d section 68 (power to amend sections 66 and 67), da section 121 (power to amend Act in relation to power under periodic standard contract to exclude contract-holder from dwelling for specified periods), db section 133 (power to amend Act in relation to power under fixed term standard contract to exclude contract-holder from dwelling for specified periods), e section 217 (power to amend that section), f section 223 (power to amend sections 220 and 222), g section 229 (power to amend sections 225 to 228), ga section 239A (power to make provision about certain tenancies and licences), h paragraph 17 of Schedule 2 (power to amend that Schedule), i paragraph 17 of Schedule 3 (power to amend that Schedule), j paragraph 3 of Schedule 4 (power to change time limit for giving notice of extension of introductory period), k paragraph 5 of Schedule 5 (power to amend that Schedule), l paragraph 4 of Schedule 7 (power to change time limit for giving notice of extension of probationary period), la paragraph 13 of Schedule 8A (power to amend that Schedule), m paragraph 13 of Schedule 9 (power to amend that Schedule), ma paragraph 8 of Schedule 9A (power to amend that Schedule), mb paragraph 11 of Schedule 9B (power to amend that Schedule), mc paragraph 11 of Schedule 9C (power to amend that Schedule), and n paragraph 33 of Schedule 12 (power to amend that Schedule). 5 Subsection (3) also applies to any other regulations under this Act which amend, modify or repeal any provision of an Act of Parliament or a Measure or Act of the National Assembly for Wales. 6 A statutory instrument containing regulations made under a provision of this Act to which subsection (3) does not apply is subject to annulment in pursuance of a resolution of the National Assembly for Wales. Coming into force and short title Coming into force 257 1 This Part comes into force on the day after the day on which this Act receives Royal Assent. 2 The remaining provisions of this Act come into force on a day appointed by the Welsh Ministers in an order made by statutory instrument. 3 An order under this section may— a include transitory, transitional or saving provision; b make different provision for different cases or descriptions of case or different purposes or areas; c make different provision for different kinds or descriptions of occupation contract; d appoint different days for different purposes. Short title 258 The short title of this Act is the Renting Homes (Wales) Act 2016. SCHEDULE 1 OVERVIEW OF FUNDAMENTAL PROVISIONS INCORPORATED AS TERMS OF OCCUPATION CONTRACTS (introduced by section 4) PART 1 SECURE CONTRACTS TABLE 3 FUNDAMENTAL PROVISION NATURE OF PROVISION NOTES Section 31 Landlord (“L”) must provide contract-holder (“C-H”) with written statement of occupation contract Sections 39 and 40 L must provide C-H with L's name and address and other information Section 41 Notices and documents must be in writing Sections 43 and 45 Payment of deposits etc. and requirement that L uses authorised deposit scheme Section 45 must be incorporated without modification. Section 49 C-H may, with L's consent, add joint C-H Section 52 Rights of joint C-H where another joint C-H dies or otherwise leaves contract Must be incorporated without modification. Section 54 L must not interfere with C-H's right to occupy the dwelling Section 55 Anti-social behaviour and other prohibited conduct Must be incorporated without modification. Section 57 C-H may only deal with the occupation contract in limited ways Section 88 C-H may set off compensation L is liable to pay under section 87 against C-H's rent Sections 91 to 93 and 95 to 99 L's obligations to keep the dwelling in good state of repair etc. Sections 103 to 109 When and how contract may be varied Sections 103(1)(b) and (2) and 108 must be incorporated without modification. Section 104 applies only to contracts under which rent is payable and which are not housing association tenancies (as to which, see section 93 of the Rent Act 1977 (c. 42) ) , and section 105 applies only to contracts under which consideration other than rent is payable. Section 111 Withdrawal of joint C-H Section 113 C-H may have lodgers Section 114 C-H may transfer contract to potential successors Section 118 C-H's right to transfer to other secure C-Hs Only applies where L is a community landlord. Sections 148 to 150 General provision about termination of contract Sections 148 and 149 must be incorporated without modification. Sections 152 to 155 Termination without possession claim Section 155 (death of C-H) must be incorporated without modification. Sections 157 to 159 Termination by L on ground of breach of contract Section 158 (false statement inducing L to make contract) must be incorporated without modification. Sections 160 and 161 and Part 1 of Schedule 8 Termination by L on an estate management ground Sections 163 to 167 Termination by notice given by C-H Section 206 Effect of order for possession Section 231 Termination of contract which has joint C-Hs PART 2 PERIODIC STANDARD CONTRACTS TABLE 4 FUNDAMENTAL PROVISION NATURE OF PROVISION NOTES Section 31 Landlord (“L”) must provide contract-holder (“C-H”) with written statement of occupation contract Sections 39 and 40 L must provide C-H with L's name and address and other information Section 41 Notices and documents must be in writing Sections 43 and 45 Payment of deposits etc. and requirement that L uses authorised deposit scheme Section 45 must be incorporated without modification. Section 49 C-H may, with L's consent, add joint C-H Section 52 Rights of joint C-H where another joint C-H dies or otherwise leaves contract Must be incorporated without modification. Section 54 L must not interfere with C-H's right to occupy the dwelling Section 55 Anti-social behaviour and other prohibited conduct Must be incorporated without modification. Section 57 C-H may only deal with the occupation contract in limited ways Section 88 C-H may set off compensation L is liable to pay under section 87 against C-H's rent Sections 91 to 93 and 95 to 99 L's obligations to keep dwelling in good state of repair etc. Sections 122 to 128 When and how contract may be varied Sections 122(1)(b) and (2) and 127 must be incorporated without modification. Section 123 applies only to contracts under which rent is payable and which are not housing association tenancies (as to which, see section 93 of the Rent Act 1977 (c. 42) ) , and section 124 applies only to contracts under which consideration other than rent is payable. ... Section 130 Withdrawal of joint C-H Section 145 L's right to temporarily exclude C-H from supported accommodation Applies only to supported standard contracts (see section 143). Sections 148 to 150 General provision about termination of contract Sections 148 and 149 must be incorporated without modification. Section 151 Further provision about notices requiring contract-holder to give up possession Applies only to introductory standard contracts and prohibited conduct standard contracts. Sections 152 to 155 Termination without possession claim Section 155 (death of C-H) must be incorporated without modification. Sections 157 to 159 Termination by L on ground of breach of contract Section 158 (false statement inducing L to make contract) must be incorporated without modification. Sections 160 and 161 and Part 1 of Schedule 8 Termination by L on an estate management ground Sections 168 to 172 Termination by notice given by C-H Sections 173 to 175 and 177 to 180, and Part 1 of Schedule 9A Termination by notice given by L If section 173 is not incorporated, sections 174 to 177A and Schedule 9A do not apply; but if a contract incorporates section 173, Part 1 of Schedule 9A must be incorporated without modification. Section 174A applies instead of section 174 to a contract that is within Schedule 8A, and section 175 does not apply to a contract that is within Schedule 9 (even if section 173 is incorporated). Sections 181 and 182 Termination by L on serious rent arrears ground In section 182, subsection (2) is not applicable to introductory standard contracts and prohibited conduct standard contracts, and subsection (3) is applicable only to such contracts. Section 183 Possession claims where contract has arisen at end of a fixed term standard contract Only applies to a contract that has arisen at end of a fixed term standard contract (see section 184(2)). Section 206 Effect of order for possession Section 231 Termination of contract which has joint C-Hs Paragraph 7 of Schedule 4 Variation of secure contract addressed in written statement of introductory standard contract Only applies to introductory standard contracts where the written statement addresses the secure contract that may arise at the end of the introductory period, in accordance with paragraph 6(2) of Schedule 4. PART 3 FIXED TERM STANDARD CONTRACTS TABLE 5 FUNDAMENTAL PROVISION NATURE OF PROVISION NOTES Section 31 Landlord (“L”) must provide contract-holder (“C-H”) with written statement of occupation contract Sections 39 and 40 L must provide C-H with L's name and address and other information Section 41 Notices and documents must be in writing Sections 43 and 45 Payment of deposits etc. and requirement that L uses authorised deposit scheme Section 45 must be incorporated without modification. Section 49 C-H may, with L's consent, add joint C-H Section 52 Rights of joint C-H where another joint C-H dies or otherwise leaves contract Must be incorporated without modification. Section 54 L must not interfere with C-H's right to occupy the dwelling Section 55 Anti-social behaviour and other prohibited conduct Must be incorporated without modification. Section 57 C-H may only deal with the occupation contract in limited ways Section 88 C-H may set off compensation L is liable to pay under section 87 against C-H's rent Sections 91 to 93 and 95 to 99 L's obligations to keep dwelling in good state of repair etc. Not applicable to fixed term standard contracts made for a term of seven years or more. Sections 134 to 136 When and how contract may be varied Sections 134(1)(b) and (2) and 135 must be incorporated without modification. Section 135(2)(k) applies only if contract has a contract-holder's break clause (see section 189). Section 145 L's right to temporarily exclude C-H from supported accommodation Only applies to supported standard contracts (see section 143). Sections 148 to 150 General provision about termination of contract Sections 148 and 149 must be incorporated without modification. Sections 152 to 155 Termination without possession claim Section 155 (death of C-H) must be incorporated without modification (but not into fixed term standard contracts that contain the provision mentioned in section 139(1)). Sections 157 to 159 Termination by L on ground of breach of contract Section 158 (false statement inducing L to make contract) must be incorporated without modification. Sections 160 and 161 and Part 1 of Schedule 8 Termination by L on an estate management ground Section 186 Termination by notice given by L in connection with the end of the term of the contract Only applies if contract is within Schedule 9B. If contract incorporates section 186, Part 1 of Schedule 9A must be incorporated without modification. Sections 187 and 188 Termination by L on serious rent arrears ground Sections 190 to 193 Termination by notice given by C-H under contract-holder's break clause Only apply if contract has a contract-holder's break clause. Sections 195, 195A and 196, and 198 to 201, and Part 1 of Schedule 9A Termination by notice given by L under landlord's break clause Only apply if contract has a landlord's break clause; but if a contract has a landlord's break clause, Part 1 of Schedule 9A must be incorporated without modification. Section 195A applies instead of section 195 to a contract that is within Schedule 8A, and section 196 does not apply to a contract that is within Schedule 9. Section 206 Effect of order for possession Section 231 Termination of contract which has joint C-Hs SCHEDULE 2 EXCEPTIONS TO SECTION 7 (introduced by section 7) PART 1 TENANCIES AND LICENCES NOT WITHIN SECTION 7 THAT ARE OCCUPATION CONTRACTS IF NOTICE IS GIVEN The rule 1 1 A tenancy or licence which is not within section 7 may be an occupation contract if— a it confers the right to occupy the dwelling as a home on an individual (“ the beneficiary ”) other than the person with whom it is made, and b the notice condition is met. 2 A tenancy or licence which is not within section 7 because no rent or other consideration is payable under it (and to which sub-paragraph (1) does not apply) may be an occupation contract if the notice condition is met. 3 The notice condition is met if, before or at the time when the tenancy or licence is made, the landlord gives a notice to the person with whom it is made stating that it is to be an occupation contract. Contracts for another's benefit: further provision 2 1 This paragraph applies where a notice under paragraph 1(3) is given in relation to a tenancy or licence within paragraph 1(1)(a). 2 The notice may specify provisions of this Act and regulations made under it which are to have effect in relation to the occupation contract as if references to the contract-holder were references to the beneficiary. 3 If it does so, the provisions specified in the notice have effect accordingly. 4 Section 20(1)(b) and (2)(b) applies to fundamental provisions specified in the notice as if references to the contract-holder were references to the beneficiary. PART 2 TENANCIES AND LICENCES WITHIN SECTION 7 THAT ARE NOT OCCUPATION CONTRACTS UNLESS NOTICE IS GIVEN The rule 3 1 A tenancy or licence within section 7, but to which sub-paragraph (2) applies, is not an occupation contract unless the notice condition is met. 2 This sub-paragraph applies to a tenancy or licence— a which confers the right to occupy a dwelling for the purposes of a holiday, b which relates to the provision of accommodation in a care institution (see paragraph 4), c which is a temporary expedient (see paragraph 5), or d to which the shared accommodation exception applies (see paragraph 6). 3 The notice condition is met if, before or at the time when the tenancy or licence is made, the landlord gives a notice to the person with whom it is made stating that it is to be an occupation contract. Meaning of “care institution” 4 “ Care institution ” means— a a health service hospital within the meaning of the National Health Service (Wales) Act 2006 (c. 49) (see section 206(1) of that Act), b an independent hospital within the meaning of the Care Standards Act 2000 (c. 14) (see section 2 of that Act), c a place at which a care home service within the meaning of paragraph 1 of Schedule 1 to the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2) is provided wholly or mainly to persons aged 18 or over, c a place at which a care home service within the meaning of paragraph 1 of Schedule 1 to the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2) is provided wholly or mainly to persons aged 18 or over, d a place at which a residential family centre service within the meaning of paragraph 3 of Schedule 1 to the Regulation and Inspection of Social Care (Wales) Act 2016 is provided, or e a place in respect of which a person is registered under Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 to provide— i a secure accommodation service within the meaning of paragraph 2 of Schedule 1 to that Act, or ii a care home service within the meaning of paragraph 1 of Schedule 1 to that Act to persons wholly or mainly under the age of 18. Meaning of “temporary expedient” 5 1 A tenancy or licence is a temporary expedient if it is made as a temporary expedient with a person who entered the dwelling to which it relates (or any other dwelling) as a trespasser. 2 It is irrelevant whether or not, before the beginning of the tenancy or licence, another tenancy or licence to occupy the dwelling (or any other dwelling) had been made with the person. 3 A tenancy or licence which arises under section 238 is not a temporary expedient. Meaning of “shared accommodation” 6 1 The shared accommodation exception applies if— a the terms of the tenancy or licence provide for the tenant or licensee to share any accommodation with the landlord, and b immediately before the tenancy or licence is made the landlord occupies as the landlord's only or principal home a dwelling which includes all or part of the shared accommodation. 2 But the exception applies under sub-paragraph (1) only while the person who is from time to time the landlord in relation to the tenancy or licence continues to occupy such a dwelling as that person's only or principal home. 3 The shared accommodation exception also applies if— a the terms of the tenancy or licence provide for the tenant or licensee to share any accommodation with another person (“ the beneficiary ”), b immediately before the tenancy or licence is made the beneficiary occupies as his or her only or principal home a dwelling which includes all or part of the shared accommodation, c that dwelling is subject to a trust, and d under the trust the beneficiary— i is entitled to an interest in the dwelling, and ii by reason of that interest, is entitled to occupy the dwelling. 4 But the exception applies under sub-paragraph (3) only while the beneficiary continues to occupy such a dwelling as the beneficiary's only or principal home. 5 A tenant or licensee shares accommodation with the landlord or beneficiary if the tenant or licensee has the use of it in common with the landlord or beneficiary (whether or not in common with others). 6 “ Accommodation ” does not include an area used for storage, or a staircase, passage, corridor or other means of access. 7 If two or more persons are the landlord in relation to a tenancy or licence, references to the landlord are references to any one of them. PART 3 TENANCIES AND LICENCES THAT ARE NEVER OCCUPATION CONTRACTS The rule 7 1 A tenancy or licence is not an occupation contract at any time when this paragraph applies to it. 2 This paragraph applies to a tenancy or licence if all the persons with whom it is made are excluded from being contract-holders by section 7(6) (individuals who have not reached the age of 18). 3 This paragraph also applies to— a a tenancy to which Part 2 of the Landlord and Tenant Act 1954 (c. 56) (business tenancies) applies; b a protected occupancy or a statutory tenancy within the meaning of the Rent (Agriculture) Act 1976 (c. 80); c a protected tenancy or a statutory tenancy within the meaning of the Rent Act 1977 (c. 42); d . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . e a tenancy of an agricultural holding within the meaning of the Agricultural Holdings Act 1986 (c. 5); f a farm business tenancy within the meaning of the Agricultural Tenancies Act 1995 (c. 8); g a long tenancy (see paragraph 8); h a tenancy or licence which relates to armed forces accommodation (see paragraph 9); i a tenancy or licence which relates to direct access accommodation (see paragraph 10); j a tenancy or licence which relates to accommodation provided— i by, or on behalf of, the Secretary of State in connection with a requirement imposed under section 3(6) (general provisions) of the Bail Act 1976 (c. 63) , or ii under Part 1 (arrangements for the provision of probation services) of the Offender Management Act 2007 (c. 21) for the probation purposes (within the meaning of section 1 of that Act); k a tenancy or licence which relates to— i accommodation provided under section 4 (accommodation) or Part 6 (support for asylum-seekers, etc.) of the Immigration and Asylum Act 1999 (c. 33) , or ii facilities provided under paragraph 9 of Schedule 10 to the Immigration Act 2016 (c. 19) (immigration bail) for the accommodation of a person at an address specified in an immigration bail condition ; l a licence which relates to private sector temporary homelessness accommodation (see paragraph 10A). Meaning of “long tenancy” 8 1 “ Long tenancy ” means— a a tenancy for a fixed term of more than 21 years (whether or not it is or may become terminable before the end of that term by notice given by the tenant or by re-entry or forfeiture), b a tenancy for a term fixed by law because of a covenant or obligation for perpetual renewal, other than a tenancy by sub-demise from one which is not a long tenancy, or c a tenancy made in pursuance of Part 5 of the Housing Act 1985 (c. 68) (the right to buy), including a tenancy made in pursuance of that Part as that Part had effect because of section 17 of the Housing Act 1996 (c. 52) (the right to acquire). 2 But a tenancy terminable by notice after a death is not a long tenancy unless it is a shared ownership tenancy. 3 A shared ownership tenancy is a tenancy which— a was made with a housing association which was a registered social landlord or a private registered provider of social housing, b was made for a premium calculated by reference to a percentage of the value of the dwelling or of the cost of providing it, and c when made complied with the requirements of the shared ownership regulations then in force. 4 A tenancy made before any shared ownership regulations were in force is to be treated as within sub-paragraph (3)(c) if, when the tenancy was made, it complied with the requirements of the first such regulations to come into force after it was made. 5 “ Shared ownership regulations ” means regulations under— a section 140(4)(b) of the Housing Act 1980 (c. 51), or b paragraph 5 of Schedule 4A to the Leasehold Reform Act 1967 (c. 88) made for the purposes of paragraph 4(2)(b) of that Schedule. Meaning of “armed forces accommodation” 9 Armed forces accommodation is accommodation which is provided to— a a member of any of Her Majesty's forces, b a member of the family of a member of any of Her Majesty's forces, or c a civilian subject to service discipline (within the meaning of section 370 of the Armed Forces Act 2006 (c. 52)), for the purposes of any of Her Majesty's forces. Meaning of “direct access accommodation” 10 1 Direct access accommodation is accommodation which— a is provided by a community landlord or a registered charity, b (subject to availability) is provided on demand to any person who appears to satisfy criteria determined by the community landlord or charity, and c is provided only for periods of 24 hours (or less) at a time. 2 Accommodation may be direct access accommodation even if it is provided to the same person for several periods in succession. Meaning of “private sector temporary homelessness accommodation” 10A 1 Private sector temporary homelessness accommodation is accommodation which— a is provided by a private landlord under arrangements made with a local housing authority in pursuance of any of that authority’s homelessness housing functions, and b is within the definition of “B&B accommodation” in article 2 (interpretation) of the Homelessness (Suitability of Accommodation) (Wales) Order 2015 ( S.I. 2015/1268 (W. 87) ), as it has effect on 30 November 2023, which is the date on which the Renting Homes (Wales) Act 2016 and Homelessness (Suitability of Accommodation) (Wales) Order 2015 (Amendment) Regulations 2023 (S.I. 2023/XXXX (W. XX)) came into force. 2 In this paragraph “local housing authority” and “homelessness housing functions” have the meanings given in paragraph 12(5). PART 4 TENANCIES AND LICENCES TO WHICH SPECIAL RULES APPLY: HOMELESSNESS 11 A tenancy or licence within section 7, but made with an individual by a local housing authority because of the authority's functions under Part 2 of the Housing (Wales) Act 2014 (anaw 7) (homelessness), is not an occupation contract unless the authority is satisfied that it owes a duty to the individual under section 75(1) of that Act (duty to secure availability of suitable accommodation). 12 1 This paragraph applies where a local housing authority, in pursuance of any of its homelessness housing functions, makes arrangements with a relevant landlord for the provision of accommodation , but this paragraph does not apply in relation to a licence of the kind described in paragraph 7(3)(l) . 2 A tenancy or licence within section 7 but made with a relevant landlord in pursuance of the arrangements is not an occupation contract until immediately after the end of the notification period. 3 Sub-paragraph (2) does not apply if, before the end of the notification period, the landlord gives the person with whom the tenancy or licence is made notice that it is an occupation contract. 4 The notification period is the period of 12 months starting with— a the day on which that person was notified of— i the outcome of the authority's assessment under section 62 of the Housing (Wales) Act 2014 (anaw 7) or the authority's decision under section 80(5) of that Act, or (as the case may be) ii the authority's decision under section 184(3) or 198(5) of the Housing Act 1996 (c. 52), or b if there is— i a review of that decision under section 85 of the Housing (Wales) Act 2014 or an appeal to the county court under section 88 of that Act, or (as the case may be) ii a review of that decision under section 202 of the Housing Act 1996 or an appeal to the court under section 204 of that Act, the day on which that person is notified of the outcome of the assessment or the decision on review, or the day on which the appeal is finally determined. 5 In this paragraph— “ homelessness housing functions ” (“ swyddogaethau darparu tai i'r digartref ”) means— in relation to a local housing authority for an area in Wales, its functions under sections 68, 73, 75, 82 and 88(5) of the Housing (Wales) Act 2014, and in relation to a local housing authority for an area in England, its functions under sections 188, 190, 200 and 204(4) of the Housing Act 1996; “ local housing authority ” (“ awdurdod tai lleol ”) means— in relation to Wales, a county council for an area in Wales or a county borough council, and in relation to England, a district council, a London borough council, the Common Council of the City of London or the Council of the Isles of Scilly; “ relevant landlord ” (“ landlord perthnasol ”) means— a community landlord which is a registered social landlord or a private registered provider of social housing, or a private landlord. PART 5 TENANCIES AND LICENCES TO WHICH SPECIAL RULES APPLY: SUPPORTED ACCOMMODATION 13 1 A tenancy or licence within section 7, but which relates to supported accommodation (see section 143), is not an occupation contract if the landlord intends that the accommodation provided under the tenancy or licence is not to be subject to an occupation contract. 2 But if the tenancy or licence continues after the end of the relevant period, it becomes an occupation contract immediately after the end of that period. 3 The relevant period is (subject to paragraph 14)— a the period of six months starting with the start date of the tenancy or licence, or b if the relevant period has been extended under paragraph 15, the period starting with the start date of the tenancy or licence and ending with the date specified in the notice of extension. 4 The occupation date of a tenancy or licence which becomes an occupation contract under sub-paragraph (2) is the day immediately after the last day of the relevant period. 5 For the purposes of this Part, the start date of a tenancy or licence is the day on which the tenant or licensee is first entitled under the tenancy or licence to occupy the dwelling subject to the tenancy or licence. Meaning of relevant period where there are previous contracts 14 1 This paragraph applies in relation to a tenancy or licence mentioned in paragraph 13(1) (“the current tenancy or licence”) if— a the tenant or licensee was previously entitled to occupy supported accommodation under one or more relevant previous contracts, and b the current tenancy or licence is the immediate successor of a relevant previous contract. 2 A relevant previous contract is a tenancy or licence which relates to supported accommodation and to— a the dwelling to which the current tenancy or licence relates (“the current dwelling”); b if the current dwelling forms part only of a building, another dwelling which is in— i that building, or ii if that building is one of a number of buildings managed as a single entity, any of those buildings. 3 If there is a sole tenant or licensee and one relevant previous contract, the relevant period is— a the period of six months starting with the start date of the relevant previous contract, or b if the relevant period has been extended under paragraph 15, the period set out in the notice of extension. 4 If there is a sole tenant or licensee and two or more relevant previous contracts running in immediate succession, the relevant period is— a the period of six months starting with the start date of the first of those contracts, or b if the relevant period has been extended under paragraph 15, the period set out in the notice of extension. 5 If there are joint tenants or licensees, the relevant period is— a the period of six months starting with the date determined by— i identifying, in relation to each joint tenant or licensee, the date on which the relevant period would start under sub-paragraph (3)(a) or (4)(a) if he or she were the sole tenant or licensee, and ii taking the earliest of those dates, or b if the relevant period has been extended under paragraph 15, the period set out in the notice of extension. 6 A tenancy or licence (“contract 2”) is the immediate successor of another tenancy or licence (“contract 1”) if contract 1 ends immediately before the start date of contract 2. Extending the relevant period 15 1 The landlord may (on one or more occasions) extend the relevant period of a tenancy or licence mentioned in paragraph 13(1) by giving the tenant or licensee a notice of extension in accordance with this paragraph. 2 The relevant period may not be extended by more than three months on any separate occasion. 3 The notice of extension must be given at least four weeks before the date on which the relevant period would end under whichever of the following applies— a paragraph 13(3)(a) or (b); b paragraph 14(3)(a) or (b); c paragraph 14(4)(a) or (b); d paragraph 14(5)(a) or (b). 4 Before giving a notice of extension, the landlord must consult the tenant or licensee. 5 A landlord (other than a local housing authority) may not give a notice of extension without the consent of the local housing authority in whose area the accommodation is provided. 6 The notice of extension must— a state that the landlord has decided to extend the relevant period, b set out the reasons for extending the relevant period, c if the landlord is not a local housing authority, state that the local housing authority in whose area the accommodation is provided has consented to the extension, and d specify the date on which the relevant period will come to an end. 7 The notice of extension must also inform the tenant or licensee that he or she has a right to apply for a review in the county court under paragraph 16, and of the time by which the application must be made. 8 In making the decision to extend the relevant period, the landlord may take into account— a the conduct of the tenant or licensee (or, if there is more than one tenant or licensee, the conduct of any of them), and b the conduct of any person who appears to the landlord to live in the dwelling. 9 A landlord may take a person's conduct into account under sub-paragraph (8)(b) whether or not the person lives continuously in the dwelling, and whatever the capacity in which the person lives in the dwelling. 10 The Welsh Ministers may make provision by regulations for the purposes of sub-paragraph (5), including provision about the procedure to be followed in relation to obtaining the consent of a local housing authority. County court review of decision to extend 16 1 This section applies if a landlord gives a tenant or licensee a notice of extension under paragraph 15. 2 The tenant or licensee may apply to the county court for a review— a where the landlord is a local housing authority, of the decision to give a notice of extension, or b where the landlord is not a local housing authority, of the local housing authority's decision to consent to the landlord giving the notice of extension. 3 The application must be made before the end of the period of 14 days starting with the day on which the landlord gives the tenant or licensee a notice of extension. 4 The county court may give permission for an application to be made after the end of the period allowed by sub-paragraph (3), but only if it is satisfied— a where permission is sought before the end of that period, that there is a good reason for the tenant or licensee to be unable to make the application in time, or b where permission is sought after that time, that there is a good reason for the tenant or licensee's failure to make the application in time and for any delay in applying for permission. 5 The county court may— a confirm or quash the decision, or b vary the length of the extension (subject to paragraph 15(2)). 6 In considering whether to confirm or quash the decision or vary the length of the extension, the county court must apply the principles applied by the High Court on an application for judicial review. 7 If the county court varies the length of the extension, the notice of extension has effect accordingly. 8 If the county court quashes the decision— a the notice of extension is of no effect, and b the county court may make any order the High Court could make when making a quashing order on an application for judicial review. 9 If the county court quashes the decision and the landlord gives the tenant or licensee a further notice of extension under paragraph 15 before the end of the post-review period, the notice has effect as if given in accordance with paragraph 15(3) (other than for the purposes of sub-paragraph (3)). 10 The post-review period is the period of 14 days beginning with the day on which the county court varies the length of the extension or quashes the decision. PART 6 POWER TO AMEND SCHEDULE 17 The Welsh Ministers may by regulations amend this Schedule. SCHEDULE 3 OCCUPATION CONTRACTS MADE WITH OR ADOPTED BY COMMUNITY LANDLORDS WHICH MAY BE STANDARD CONTRACTS (introduced by sections 11 and 12) Occupation contracts by notice 1 An occupation contract which would not be an occupation contract but for a notice under paragraph 1 or 3 of Schedule 2. Supported accommodation 2 An occupation contract which relates to supported accommodation. Introductory occupation 3 1 An occupation contract within this paragraph which does not relate to supported accommodation. 2 An occupation contract is within this paragraph unless, immediately before the relevant date— a a contract-holder under it was a contract-holder under a secure contract, and b the landlord under the secure contract was a community landlord. 3 The relevant date— a in relation to a contract made with a community landlord, is the occupation date, and b in relation to a contract under which a community landlord becomes the landlord, is the day on which it becomes the landlord. ... 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Accommodation for displaced persons 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Accommodation for homeless persons 6 An occupation contract made as described in paragraph 11 or 12 of Schedule 2 (accommodation for homeless persons). Service occupancy: general 7 1 An occupation contract where the contract-holder— a is employed by a relevant employer, and b is required by his or her contract of employment to occupy the dwelling. 2 “ Relevant employer ” means— a a local authority; b a new town corporation; c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . d an urban development corporation; e a registered social landlord (other than a fully mutual housing association or a co-operative housing association); f a private registered provider of social housing; g a manager who exercises a local housing authority's management functions under a management agreement; h the governing body of any of the following schools (see the School Standards and Framework Act 1998 (c. 31))— i a voluntary aided school, ii a foundation school, or iii a foundation special school. 3 “ Management agreement ” means an agreement under section 27 of the Housing Act 1985 (c. 68) and “ manager ” means a person with whom the agreement is made. Service occupancy: police 8 An occupation contract where— a the contract-holder is a member of a police force, and b the dwelling is provided for the contract-holder free of rent under regulations made under section 50 of the Police Act 1996 (c.16) (general regulations as to government, administration and conditions of service). Service occupancy: fire and rescue services 9 An occupation contract where— a the contract-holder is an employee of a fire and rescue authority, b the contract-holder's contract of employment requires him or her to live in close proximity to a particular fire station, and c the dwelling is provided to him or her by the fire and rescue authority in consequence of that requirement. Student accommodation 10 1 An occupation contract where the right to occupy is conferred for the sole purpose of enabling the contract-holder to attend a designated course at an educational establishment. 2 “ Designated course ” means a course of any kind prescribed for the purposes of this paragraph. 3 “ Educational establishment ” means an institution or university which provides further education or higher education (or both); and “ further education ” and “ higher education ” have the same meaning as in the Education Act 1996 (c. 56) (see sections 2 and 579 of that Act). Temporary accommodation: land acquired for development 11 1 An occupation contract where— a the land the dwelling is on (including any land occupied together with the dwelling other than agricultural land exceeding 0.809 hectares) is, or is part of, land which has been acquired for development, and b the dwelling is used by the landlord as temporary housing accommodation pending development of the land. 2 “ Development ” has the meaning given by section 55 of the Town and Country Planning Act 1990 (c. 8). Temporary accommodation: persons taking up employment 12 An occupation contract where— a immediately before the making of the contract the contract-holder was not living in the local housing authority area in which the dwelling is situated, b before the making of the contract the contract-holder obtained employment or an offer of employment in that area or in an adjoining local housing authority area, and c the right to occupy was conferred for the purpose of meeting the contract-holder's need for temporary accommodation in the local housing authority area in which the dwelling is situated or in an adjoining local housing authority area in order to work there, and enabling him or her to find permanent accommodation there. Temporary accommodation: short-term arrangements 13 An occupation contract where— a the dwelling has been let to the landlord with vacant possession for use as temporary housing accommodation, b the terms on which it has been let include provision for the lessor to obtain vacant possession from the landlord at the end of a specified period or when required by the lessor, c the lessor is not a community landlord, and d the landlord has no interest in the dwelling other than under the lease in question or as mortgagor. Temporary accommodation: accommodation during works 14 1 An occupation contract where— a the dwelling (the “temporary dwelling”) has been made available for occupation by the contract-holder while works are carried out on the dwelling previously occupied by the contract-holder as a home, b the landlord of the temporary dwelling is not the same as the landlord of the dwelling previously occupied by the contract-holder (the “old dwelling”), and c the contract-holder was not a contract-holder under a secure contract of the old dwelling at the time when the contract-holder ceased to occupy it as a home. 2 In this paragraph, references to the contract-holder include references to the contract-holder's predecessor. 3 For the purposes of sub-paragraph (2), a person is a predecessor of a contract-holder under an occupation contract if that person was an earlier contract-holder under the same contract. Accommodation which is not social accommodation 15 1 An occupation contract where— a the allocation rules did not apply to the making of the contract, or b the dwelling is made available to the contract-holder because he or she is a key worker. 2 The allocation rules are the landlord's rules for determining priority as between applicants in the allocation of housing accommodation, and include any rule or practice whereby the landlord provides accommodation to persons nominated by a local housing authority. 3 Whether a contract-holder is a “key worker” is to be determined in accordance with regulations made by the Welsh Ministers. 4 The regulations may include provision identifying key workers by reference to the nature of their employment, the identity of their employer, and the amount of their earnings. Dwellings intended for transfer 16 An occupation contract where— a the community landlord is a registered social landlord or a private registered provider of social housing, b the landlord has acquired or built or otherwise developed the dwelling with the intention of transferring it to a fully mutual housing association or a co-operative housing association, and c the occupation contract is made in anticipation of the transfer of the dwelling. Power to amend Schedule 17 The Welsh Ministers may by regulations amend this Schedule. SCHEDULE 4 INTRODUCTORY STANDARD CONTRACTS (introduced by section 16) Introductory period 1 1 The introductory period, in relation to an occupation contract which is a periodic standard contract because the first exception in section 11 or 12 applies and because it is within paragraph 3 of Schedule 3, is— a the period of 12 months starting with the introduction date of the contract, or b if there is an extension under paragraph 3, the period of 18 months starting with the introduction date of the contract. 2 Sub-paragraph (3) applies instead of sub-paragraph (1) if, at the end of what would be the introductory period under sub-paragraph (1)— a a possession claim made by the landlord in respect of the dwelling has not been concluded, or b the landlord has given the contract-holder a possession notice or a notice under section 173 (landlord's notice to end contract), and the period before the end of which the landlord may make a possession claim has not ended. 3 Where this sub-paragraph applies, the introductory period is the period starting with the introduction date of the contract and ending— a when a relevant event occurs, or b if no relevant event occurs, immediately after the contract ends. 4 In a case within sub-paragraph (2)(a) the relevant event is the conclusion of the possession claim in favour of the contract-holder. 5 In a case within sub-paragraph (2)(b) each of the following is a relevant event— a withdrawal of the notice; b the period ending without a possession claim having been made; c conclusion in favour of the contract-holder of a possession claim made in reliance on the notice. 6 If a private landlord becomes the landlord under the contract before the time at which the introductory period would end apart from this sub-paragraph, the introductory period ends. 7 The introduction date of an occupation contract is (subject to paragraph 2)— a the occupation date of the contract, or b if the contract became a periodic standard contract because the first exception in section 12 applied and because it was within paragraph 3 of Schedule 3 on a community landlord becoming the landlord under the contract, the day the community landlord became the landlord. Meaning of introduction date where there are previous introductory standard contracts 2 1 This paragraph applies in relation to an occupation contract which is a periodic standard contract because the first exception in section 11 or 12 applies and because it is within paragraph 3 of Schedule 3 if— a a contract-holder under the contract (“the current contract”) was previously a contract-holder under one or more introductory standard contracts (“previous contracts”), and b the current contract is the immediate successor of a previous contract. 2 If there is a sole contract-holder and one previous contract, the introduction date of the current contract is the introduction date of the previous contract. 3 If there is a sole contract-holder and two or more previous contracts running in immediate succession, the introduction date of the current contract is the introduction date of the first of those contracts. 4 If there are joint contract-holders, the introduction date of the contract is determined by— a identifying, in relation to each joint contract-holder, what the introduction date would be under sub-paragraphs (2) and (3) if he or she were the sole contract-holder, and b taking the earliest of those dates. 5 Sub-paragraph (6) applies if the introductory period of a previous contract with the same introduction date as the current contract was extended under paragraph 3. 6 Where this sub-paragraph applies, the introductory period of the current contract is the period of 18 months starting with the introduction date of the current contract. 7 An occupation contract (“contract 2”) is the immediate successor of another contract (“contract 1”) if contract 1 ends immediately before the occupation date of contract 2. Extending the introductory period 3 1 The landlord may extend the introductory period to the period of 18 months starting with the introduction date of the contract by giving the contract-holder a notice of extension. 2 The notice of extension must be given to the contract-holder at least eight weeks before the day on which the introductory period would end under paragraph 1(1)(a). 3 The notice of extension must state that the landlord has decided to extend the introductory period, and set out the reasons for that decision. 4 The notice of extension must also inform the contract-holder that he or she has a right to request a review under paragraph 4 of the landlord's decision to extend the introductory period, and of the time by which the request must be made. 5 In making the decision to extend the introductory period, the landlord may take into account— a the conduct of the contract-holder (or, if there are joint contract-holders, the conduct of any of them), and b the conduct of any person who appears to the landlord to live in the dwelling. 6 A landlord may take a person's conduct into account under sub-paragraph (5)(b) whether or not the person lives continuously in the dwelling, and whatever the capacity in which the person lives in the dwelling. 7 The Welsh Ministers may by regulations amend sub-paragraph (2) for the purpose of changing when a notice of extension must be given to a contract-holder .... Landlord's review of decision to extend introductory period 4 1 If a landlord gives a notice of extension under paragraph 3, the contract-holder may request that the landlord carries out a review of the decision to give the notice. 2 The request must be made to the landlord before the end of the period of 14 days (or such longer period as the landlord may allow in writing) starting with the day on which the landlord gives the contract-holder the notice of extension. 3 If the contract-holder requests a review in accordance with sub-paragraph (2), the landlord must carry out the review. 4 Following a review, the landlord may— a confirm the decision to give the notice, or b reverse the decision. 5 The landlord must notify the contract-holder of the outcome of the review before the date on which the introductory period would end under paragraph 1(1)(a). 6 If the landlord confirms the decision, the notice must— a set out the reasons for the confirmation, and b inform the contract-holder that he or she has a right to apply for a review in the county court under paragraph 5, and of the time by which the application must be made. 7 The Welsh Ministers may prescribe the procedure to be followed in connection with a review under this paragraph. 8 Regulations under sub-paragraph (7) may, amongst other things— a require the review to be carried out by a person of appropriate seniority who has not been involved in the decision, and b set out circumstances in which a contract-holder is entitled to an oral hearing, and whether and by whom he or she may be represented at such a hearing. County court review of decision to extend 5 1 This paragraph applies if a landlord, following a request for a review made in accordance with paragraph 4(2)— a gives notice under paragraph 4(5) informing the contract-holder that the landlord has decided to confirm a decision to give a notice of extension under paragraph 3, or b fails to give notice in accordance with paragraph 4(5). 2 The contract-holder may apply to the county court for a review of the decision to give the notice of extension. 3 The application must be made— a before the end of the period of 14 days starting with the day on which the landlord gives the contract-holder notice under paragraph 4(5), or b if no notice has been given in accordance with paragraph 4(5), before the end of the period of 14 days starting with the day after the date by which the landlord was required to give notice under that sub-paragraph. 4 The county court may give permission for an application to be made after the end of the period allowed by sub-paragraph (3), but only if it is satisfied— a where permission is sought before the end of that period, that there is a good reason for the contract-holder to be unable to make the application in time, or b where permission is sought after that time, that there is a good reason for the contract-holder's failure to make the application in time and for any delay in applying for permission. 5 The county court may confirm or quash the decision to give the notice of extension. 6 In considering whether to confirm or quash the decision, the county court must apply the principles applied by the High Court on an application for judicial review. 7 If the county court quashes the decision— a the notice of extension is of no effect, and b the county court may make any order the High Court could make when making a quashing order on an application for judicial review. 8 If the county court quashes the decision and the landlord gives the contract-holder a further notice of extension under paragraph 3 before the end of the post-review period— a the notice has effect as if given in accordance with paragraph 3(2) (other than for the purposes of paragraph 4(2)), and b paragraph 4(5) is to be read as if it requires the landlord to notify the contract-holder of the outcome of a review under that paragraph before the end of the period of 14 days starting with the day on which the contract-holder requested the review. 9 The post-review period is the period of 14 days beginning with the day on which the county court quashes the decision. Written statement may address secure contract arising at end of introductory standard contract 6 1 Sub-paragraph (2) applies if, before the end of the introductory period, the landlord and the contract-holder have agreed (subject to the provisions of this Act as to the incorporation of fundamental and supplementary provisions) what the terms of the secure contract that may arise at the end of the introductory period are to be. 2 A written statement of the introductory standard contract may set out the terms of the secure contract by— a identifying the terms of the introductory standard contract that will not be terms of the secure contract, and setting out the terms that will apply only to the secure contract, or b separately setting out all of the terms of the secure contract. 3 Where a written statement of an introductory standard contract addresses the secure contract in accordance with sub-paragraph (2) (a “relevant written statement”)— a the relevant written statement is not incorrect (see section 37) merely because it addresses the secure contract, b the landlord is to be treated as having complied with the requirement in section 31(1) (provision of written statement) in relation to the secure contract, and c the terms of the secure contract may not be enforced against the contract-holder before the occupation date of that contract (and accordingly, section 42 does not apply). 4 If the occupation date of a secure contract addressed in a relevant written statement changes because the landlord has extended the introductory period in accordance with paragraph 3, the relevant written statement is not incorrect merely because it does not set out the new occupation date. 7 1 A secure contract addressed in a relevant written statement may be varied by agreement between the landlord and the contract-holder before the occupation date of the secure contract, subject to sub-paragraphs (2) to (5). 2 Section 108(1) to (5) (limit on variation) applies in relation to such a variation. 3 Sections 109(1) to (3) and 110 (written statement of variation) apply in relation to such a variation. 4 Section 104(1) to (3) or (as the case may be) section 105(1)(b) and (2) to (4) applies in relation to a variation of the rent or other consideration which is to be payable under the secure contract. 5 Sections 104(3)(a) and 105(4)(a), as applied by sub-paragraph (4), are to be read as if for “any date” there were substituted “ the occupation date of the secure contract, or a later date ” . 6 This paragraph is a fundamental provision which is incorporated as a term of all introductory standard contracts where the written statement of the contract is a relevant written statement; section 20 provides that this paragraph— a must be incorporated, and b must not be incorporated with modifications. Terms of secure contract which was an introductory standard contract 8 1 This paragraph applies where an introductory standard contract ends and is replaced with a secure contract because the introductory period has ended, and the landlord has not addressed the secure contract in the written statement of the introductory standard contract in accordance with paragraph 6(2). 2 If the landlord and the contract-holder have agreed what the terms of the secure contract are to be in that event, the terms of the contract are the terms agreed. 3 Sub-paragraph (2) is subject to the provisions of this Act as to the incorporation of fundamental and supplementary provisions. 4 If the landlord and the contract-holder have not agreed what the terms of the secure contract are to be in that event— a the fundamental and supplementary provisions applicable to secure contracts made with the landlord are incorporated as terms of the contract without modification, b any terms of the contract which are incompatible with those fundamental or supplementary provisions cease to have effect, and c otherwise, the terms of the secure contract are the same as the terms of the introductory standard contract. Landlord's duty to give address at start of contract does not apply in relation to secure contract 9 The requirement in section 39(1) (landlord must give contract-holder a contact address at start of contract) does not apply in relation to a secure contract which replaces an introductory standard contract. SCHEDULE 5 DEPOSIT SCHEMES: FURTHER PROVISION (introduced by section 46) Deposit schemes 1 1 The Welsh Ministers must make arrangements for securing that one or more deposit schemes are available. 2 “ Deposit scheme ” means a scheme for the purpose of— a safeguarding deposits paid in connection with occupation contracts, and b facilitating the resolution of disputes arising in connection with such deposits. 3 “ Arrangements ” means arrangements with any person (“the scheme administrator”) under which the scheme administrator undertakes to establish and maintain a deposit scheme of a description specified in the arrangements. 4 The arrangements must require the scheme administrator to give the Welsh Ministers such information, and such facilities for obtaining information, as the Welsh Ministers may require. 5 The Welsh Ministers may— a give financial assistance to the scheme administrator; b make other payments to the scheme administrator in pursuance of the arrangements; c guarantee the discharge of any financial obligation incurred by the scheme administrator in connection with the arrangements. 6 The Welsh Ministers may make regulations conferring powers and imposing duties on scheme administrators. Authorised deposit schemes: proceedings where the occupation contract has not ended 2 1 Where a deposit has been paid in connection with an occupation contract that has not ended, the contract-holder (or any person who has paid the deposit on his or her behalf) may make an application to the county court on any of the following grounds. 2 The first ground is that the landlord has not complied with section 45(2)(a) (initial requirements of an authorised deposit scheme). 3 The second ground is that the landlord has not complied with section 45(2)(b) (provision of required information). 4 The third ground is that the applicant— a has been notified by the landlord that a particular authorised deposit scheme applies to the deposit, but b has been unable to obtain confirmation from the scheme administrator that the deposit is being held in accordance with the scheme. 5 The county court must act as follows if— a in the case of an application on the first or second ground, it is satisfied that the ground is made out, or b in the case of an application on the third ground, it is not satisfied that the deposit is being held in accordance with an authorised deposit scheme. 6 The county court must either— a order the person who appears to be holding the deposit to repay the deposit to the applicant before the end of the relevant period, or b order the person who appears to be holding the deposit to pay the deposit, before the end of the relevant period, to the scheme administrator of a custodial deposit scheme (if such a scheme is in force in accordance with arrangements under paragraph 1) to be held in accordance with the scheme. 7 The county court must also order the landlord to pay to the applicant, before the end of the relevant period, a sum of money not less than the amount of the deposit and not more than three times the amount of the deposit. 8 The relevant period is the period of 14 days beginning with the date of the order. 9 For the purposes of this paragraph, a custodial deposit scheme is a deposit scheme (within the meaning of paragraph 1(2)) under which deposits are paid to the scheme administrator by the landlord and held by the scheme administrator until, in accordance with the scheme, they fall to be paid to the landlord or contract-holder (or any person who paid the deposit on the contract-holder's behalf). Authorised deposit schemes: proceedings where the occupation contract has ended 3 1 Where a deposit has been paid in connection with an occupation contract that has ended, the person who was the contract-holder under the contract (or any person who paid the deposit on his or her behalf) may make an application to the county court on any of the following grounds. 2 The first ground is that the landlord did not comply with section 45(2)(a) (initial requirements of an authorised deposit scheme). 3 The second ground is that the landlord did not comply with section 45(2)(b) (provision of required information). 4 The third ground is that the applicant— a was notified by the landlord that a particular authorised deposit scheme applied to the deposit, but b has been unable to obtain confirmation from the scheme administrator that the deposit is being held in accordance with the scheme. 5 If the county court— a in the case of an application on the first or second ground, is satisfied that the ground is made out, or b in the case of an application on the third ground, is not satisfied that the deposit is being held in accordance with an authorised deposit scheme, it may order the person who appears to be holding the deposit to repay all or part of the deposit to the applicant before the end of the relevant period. 6 If sub-paragraph (5)(a) or (b) applies, the county court (whether or not it makes an order under that sub-paragraph) must order the landlord to pay to the applicant, before the end of the relevant period, a sum of money not less than the amount of the deposit and not more than three times the amount of the deposit. 7 The relevant period is the period of 14 days beginning with the date of the order. Existing deposit used in connection with a renewed or other kind of substitute occupation contract 4 1 This paragraph applies where— a a contract-holder paid a deposit in connection with an occupation contract (“the original contract”), b the landlord, in respect of the deposit— i dealt with it in accordance with an authorised deposit scheme, ii complied with the initial requirements of the scheme, and iii provided the information required by section 45(2)(b), c the original contract is replaced with a substitute occupation contract, and d the deposit that was paid in connection with the original contract continues to be held— i in connection with the substitute occupation contract, and ii in accordance with the same authorised deposit scheme as when the requirements mentioned in paragraph (b)(ii) and (iii) were last complied with in respect of it. 2 This paragraph also applies where— a a substitute occupation contract is replaced with a new substitute occupation contract, and b the deposit that was paid in connection with the original contract continues to be held— i in connection with the new substitute occupation contract, and ii in accordance with the same authorised deposit scheme as when the requirements mentioned in sub-paragraph (1)(b)(ii) and (iii) were last complied with in respect of it. 3 The landlord is to be treated as having complied with the requirements in section 45 in relation to the deposit held in connection with the substitute occupation contract. 4 For the purposes of this paragraph, an occupation contract is replaced with a substitute occupation contract if— a the occupation date of the substitute occupation contract falls immediately after the end of the preceding occupation contract, b the landlord and contract-holder under the substitute occupation contract are the same as under the preceding contract, and c the substitute occupation contract relates to the same (or substantially the same) dwelling as the preceding contract. Power to amend Schedule 5 The Welsh Ministers may by regulations amend this Schedule. SCHEDULE 6 REASONABLENESS OF WITHHOLDING CONSENT ETC. (introduced by sections 50, 58, 115 and 119) PART 1 INTRODUCTORY 1 1 This Schedule applies for the purpose of determining whether— a it is reasonable for a landlord to refuse consent to a transaction, or b a condition subject to which a landlord gives consent is reasonable. 2 Part 2 sets out circumstances which must be taken into account for that purpose, to the extent that they are relevant (and to the extent that there is no other requirement to take them into account for that purpose; for example, under the Human Rights Act 1998 (c. 42)). 3 Part 3 sets out circumstances (in addition to those in Part 2) which must be taken into account for that purpose in relation to specific kinds of transaction, to the extent that they are relevant (and to the extent that there is no other requirement to take them into account for that purpose). 4 Parts 2 and 3 also set out certain circumstances in which it is always reasonable for a landlord to refuse consent or impose conditions (subject to the Convention rights of the contract-holder and any other person affected by the landlord's decision). PART 2 CIRCUMSTANCES WHICH MAY BE RELEVANT TO REASONABLENESS GENERALLY Status of occupation contract 2 Whether any party to the contract has taken steps towards ending the contract or done any act which may cause the contract to end. The dwelling 3 1 The size and suitability of the dwelling affected by the transaction. 2 Whether, as a result of the transaction, the dwelling will— a constitute an overcrowded dwelling for the purposes of Part 10 of the Housing Act 1985 (c. 68) (see section 324 of that Act), b provide substantially more extensive accommodation than is reasonably required by the persons who will occupy the dwelling as a home, or c provide accommodation that is not suitable to the needs of the persons who will occupy the dwelling as a home. 3 Whether, if the transaction were to take place, an estate management ground would become available to the landlord (see Schedule 8). 4 If the landlord has established requirements as to— a the number of persons who are to occupy the dwelling affected by the transaction as a home, or b the age or general characteristics of those persons, whether the persons who will occupy the dwelling as a home will meet those requirements. 5 But the landlord's requirements are to be taken into account under sub-paragraph (4) only to the extent that they are reasonable. Circumstances of contract-holder and other occupiers 4 1 The probable effect of the transaction on— a the parties to the transaction, and b any other person who occupies, or as a result of the transaction will occupy, the dwelling affected by the transaction as a home. 2 The financial interests of the contract-holder; but this sub-paragraph does not apply (subject to the contract-holder's Convention rights) if the occupation contract is a secure contract and the landlord is a community landlord. 5 1 The conduct of the contract-holder (including, in particular, whether he or she is or has been in breach of the occupation contract). 2 Whether, if the landlord asked the contract-holder for information to enable the landlord to deal with the request for consent, the contract-holder provided that information. 6 If the contract-holder is in breach of the occupation contract when he or she requests the landlord's consent to the transaction, it is reasonable for the landlord to impose a condition that— a the landlord's consent is to take effect only after the contract-holder ceases to be in breach, or b despite anything in this Act or the occupation contract the person, or all the persons, who will be contract-holders after the transaction are to be liable in respect of the breach. Circumstances of landlord 7 1 The landlord's interests, including the landlord's financial interests. 2 If the landlord is a community landlord, the probable effect of the transaction on its ability to fulfil its housing functions. 3 Whether (and if so, when) a person would obtain a dwelling (or a dwelling similar to the dwelling affected by the transaction) from the landlord if the transaction did not take place. 4 If the landlord is required to publish a summary of rules under section 106 of the Housing Act 1985 (c. 68) (allocation of housing accommodation), those rules. 5 If the landlord is a local housing authority, its allocation scheme (within the meaning of section 167 of the Housing Act 1996 (c. 52)) and any information available under section 167(4A) of that Act to a person applying for an allocation of housing accommodation. 6 If neither sub-paragraph (4) nor sub-paragraph (5) applies but the landlord has criteria for the allocation of accommodation, those criteria. 8 1 The landlord's refusal of consent to a transaction is reasonable if— a the landlord is a local housing authority, and b as a result of the transaction a person who is ineligible (or is to be treated as ineligible) for an allocation of housing accommodation by the landlord will become a contract-holder. 2 Sub-paragraph (1) does not apply to a transfer to a potential successor under section 114 or to a secure contract-holder under section 118. 3 Whether a person is ineligible, or is to be treated as ineligible, for an allocation of housing accommodation by the landlord is to be determined in accordance with section 160A of the Housing Act 1996 (c. 52) and regulations under that section. PART 3 CIRCUMSTANCES WHICH MAY BE RELEVANT TO REASONABLENESS IN RELATION TO PARTICULAR TRANSACTIONS Section 49: proposed joint contract-holder 9 1 This paragraph applies where the contract-holder under the occupation contract seeks the landlord's consent to adding a joint contract-holder under section 49. 2 Where this paragraph applies, the following circumstances (in addition to those in Part 2) must be taken into account (to the extent that they are relevant)— a whether the proposed joint contract-holder is a suitable contract-holder; b whether he or she is a member of the contract-holder's family (see section 250) and, if so, the nature of the relationship; c whether the proposed joint contract-holder is likely to become a sole contract-holder in relation to the dwelling; d whether he or she is likely, but for being made a joint contract-holder, to succeed to the contract under section 73. 3 Circumstances relevant to sub-paragraph (2)(a) may include whether the proposed joint contract-holder— a is likely to comply with the contract, and b has complied with other occupation contracts (whether as contract-holder under those contracts or otherwise). 4 Circumstances relevant to sub-paragraph (2)(c) may include— a whether the landlord would have been able to refuse consent if the contract-holder requested the landlord's consent to a transfer of the contract to the proposed joint contract-holder, and b any circumstances that would be relevant if the landlord were considering whether to make a new occupation contract in relation to the dwelling with that person. 5 Circumstances relevant to sub-paragraph (2)(d) may include the probable effect of giving consent as regards— a the persons who may in future be qualified to succeed to the occupation contract, and b the period for which the occupation contract is likely to continue in force if one or more of those persons do succeed to it. 10 1 This paragraph applies where the contract-holder under the occupation contract seeks the landlord's consent to adding a joint contract-holder under section 49. 2 If the landlord considers that the probable effect of giving consent is to substantially lengthen the period during which the occupation contract is likely to continue in force, it is reasonable for the landlord to impose the condition mentioned in sub-paragraph (3). 3 The condition is that the joint contract-holder is to be treated for the purposes of this Act as a priority successor or as a reserve successor in relation to the occupation contract. Section 114: transfer to potential successor in relation to a secure contract 11 1 This paragraph applies if a contract-holder under a secure contract seeks the landlord's consent to a transfer of the contract to a potential successor in accordance with section 114. 2 Where this paragraph applies the following circumstances (in addition to those in Part 2) must be taken into account (to the extent that they are relevant)— a the probable effect of giving consent as regards the persons who may in future be qualified to succeed to the occupation contract, and b the period for which the occupation contract is likely to continue in force if one or more of those persons do succeed to it. 12 1 This paragraph applies if a contract-holder under a secure contract seeks the landlord's consent to a transfer of the contract to a potential successor in accordance with section 114. 2 If the landlord considers that the probable effect of giving consent is to lengthen substantially the period during which the occupation contract is likely to continue in force, it is reasonable for the landlord to impose the condition mentioned in sub-paragraph (3). 3 The condition is that the potential successor is to be treated for the purposes of this Act as a priority successor or as a reserve successor in relation to the occupation contract. Section 118: transfer to secure contract-holder in relation to a secure contract with a community landlord 13 1 This paragraph applies if a contract-holder under a secure contract (“ the transferor ”) seeks to transfer the contract in accordance with section 118 to a person (“ the transferee ”) who is a contract-holder under another secure contract. 2 Where this paragraph applies, the following circumstances (in addition to those in Part 2) must be taken into account (to the extent that they are relevant)— a whether the transfer is to be part of a series of transactions and, if it is, all the circumstances relating to the other transactions intended to be part of the series (see also paragraph 14(2)), and b whether the transferee is a priority or reserve successor in relation to the secure contract under which he or she is a contract-holder before the transfer (see also paragraph 14(3)). 14 1 This paragraph applies if a contract-holder under a secure contract (“ the transferor ”) seeks to transfer the contract in accordance with section 118 to a person (“ the transferee ”) who is a contract-holder under another secure contract. 2 If the transfer is to be part of a series of transactions it is reasonable to impose a condition that the transfer may take place only if the other transactions take place. 3 If the transferee is a priority or reserve successor in relation to the secure contract under which he or she is a contract-holder before the transfer, it is reasonable to impose a condition requiring that the transferee is to be treated for the purposes of this Act as a successor of that kind in relation to the secure contract transferred to him or her by the transferor. SCHEDULE 7 PROHIBITED CONDUCT STANDARD CONTRACTS (introduced by sections 116 and 117) Procedure on application for an order under section 116 1 1 The court may not hear a landlord's application for an order under section 116 unless— a the landlord has given notice to the contract-holder of the landlord's intention to apply for such an order, or b the court considers it reasonable to dispense with the requirement of notice. 2 A notice under sub-paragraph (1) must give particulars of the conduct in respect of which the order is sought and state that proceedings may not be brought— a before the day specified in the notice, or b after the end of the period of six months starting with the day on which the notice is given to the contract-holder. 3 The day specified for the purposes of sub-paragraph (2)(a) may be the day on which the notice is given to the contract-holder. 4 The landlord may, in the same proceedings, apply to the court for an order under section 116 and make a possession claim. Terms of prohibited conduct standard contract 2 1 This section applies where a periodic standard contract is created by an order under section 116. 2 If the landlord and the contract-holder agree the terms of the periodic standard contract, the terms of the contract are the terms agreed. 3 Sub-paragraph (2) is subject to the provisions of this Act about the incorporation of fundamental and supplementary provisions. 4 If the landlord and the contract-holder do not agree the terms of the periodic standard contract— a the fundamental and supplementary provisions applicable to periodic standard contracts are incorporated as terms of the contract without modification, b any terms of the contract which are incompatible with those fundamental or supplementary provisions cease to have effect, and c otherwise, the terms of the periodic standard contract are the same as the terms of the secure contract. 5 Whether or not the landlord and contract holder agree the terms of the periodic standard contract, it is a term of the contract that— a any arrears of rent payable at the end of the secure contract become payable under the periodic standard contract, and b any rent paid in advance or overpaid at the end of the secure contract is credited to the contract-holder's liability to pay rent under the periodic standard contract. 6 The requirement in section 39(1) (landlord must give contract-holder a contact address at start of contract) does not apply. 7 Section 151(3) (requirement to inform contract-holder of right to apply for landlord's review under section 202) provides that that section is a fundamental provision which is incorporated as a term of all prohibited conduct standard contracts. 8 Prohibited conduct standard contracts are within Schedule 9; accordingly section 175 (restriction on giving landlord's notice until after the first six months of occupation) is not incorporated as a term of a prohibited conduct standard contract. Probation period 3 1 The probation period, in relation to an occupation contract which is a periodic standard contract because of an order under section 116, is— a the period of 12 months starting with the occupation date of the contract (see section 116(2)(b)), or b if there is an extension under paragraph 4, the period of 18 months starting with the occupation date of the contract. 2 If the landlord gives the contract-holder notice that the probation period will end before the time at which it would end under sub-paragraph (1), the period ends on the date specified in the notice. 3 If under paragraph 7 the court orders that the probation period will end before the time at which it would end under sub-paragraph (1), the period ends on the date specified in the order. 4 If sub-paragraphs (2) and (3) both apply, the period ends on the earlier of the date specified in the notice and the date specified in the order. 5 Sub-paragraph (6) applies instead of sub-paragraphs (1) to (4) if, at what would be the end of probation period under those sub-paragraphs— a a possession claim made by the landlord in respect of the dwelling has not been concluded, or b the landlord has given the contract-holder a possession notice or a notice under section 173 (landlord's notice to end contract), and the period before the end of which the landlord may make a possession claim has not ended. 6 Where this sub-paragraph applies, the probation period is the period starting with the occupation date of the contract and ending— a when a relevant event occurs, or b if no relevant event occurs, immediately after the contract ends. 7 In a case within sub-paragraph (5)(a) the relevant event is the conclusion of the possession claim in favour of the contract-holder. 8 In a case within sub-paragraph (5)(b) each of the following is a relevant event— a withdrawal of the notice; b the period ending without a possession claim having been made; c conclusion in favour of the contract-holder of a possession claim made in reliance on the notice. 9 If a private landlord other than a registered charity becomes the landlord under the contract before the time at which the probation period would end apart from this sub-paragraph, the probation period ends. Extending probation period 4 1 The landlord may extend the probation period to the period of 18 months starting with the occupation date of the contract by giving the contract-holder a notice of extension. 2 The notice of extension must be given to the contract-holder at least eight weeks before the date on which the probation period would end under paragraph 3(1)(a). 3 The notice of extension must state that the landlord has decided to extend the probation period, and set out the reasons for the landlord's decision. 4 The notice of extension must also inform the contract-holder that he or she has a right to request a review under paragraph 5 of the landlord's decision to extend the probation period, and of the time by which the request must be made. 5 In making the decision to extend the probation period, the landlord may take into account— a the conduct of the contract-holder (or, if there are joint contract-holders, the conduct of any of them), and b the conduct of any person who appears to the landlord to live in the dwelling. 6 A landlord may take into account a person's conduct under sub-paragraph (5)(b) whether or not the person lives continuously in the dwelling, and whatever the capacity in which the person lives in the dwelling. 7 The Welsh Ministers may by regulations amend sub-paragraph (2) for the purpose of changing when a notice of extension must be given to a contract-holder .... Landlord's review of decision to extend probation period 5 1 If a landlord gives a notice of extension under paragraph 4, the contract-holder may request that the landlord carries out a review of the decision to give the notice. 2 The request must be made to the landlord before the end of the period of 14 days (or such longer period as the landlord may allow in writing) starting with the day on which the landlord gives the contract-holder the notice of extension. 3 If the contract-holder requests a review in accordance with sub-paragraph (2), the landlord must carry out the review. 4 Following a review, the landlord may— a confirm the decision to give the notice, or b reverse the decision. 5 The landlord must notify the contract-holder of the outcome of the review before the date on which the probation period would end under paragraph 3(1)(a). 6 If the landlord confirms the decision, the notice must— a set out the reasons for the confirmation, and b inform the contract-holder that he or she has a right to apply for a review in the county court under paragraph 6, and of the time by which the application must be made. 7 The Welsh Ministers may prescribe the procedure to be followed in connection with a review under this paragraph. 8 Regulations under sub-paragraph (7) may, amongst other things— a require the review to be carried out by a person of appropriate seniority who has not been involved in the decision, and b set out circumstances in which a contract-holder is entitled to an oral hearing, and whether and by whom he or she may be represented at such a hearing. County court review of decision to extend probation period 6 1 This paragraph applies if a landlord, following a request for a review made in accordance with paragraph 5(2)— a gives notice under paragraph 5(5) informing the contract-holder that the landlord has decided to confirm a decision to give a notice of extension under paragraph 4, or b fails to give a notice in accordance with paragraph 5(5). 2 The contract-holder may apply to the county court for a review of the decision to give the notice of extension. 3 The application must be made— a before the end of the period of 14 days starting with the day on which the landlord gives the contract-holder notice under paragraph 5(5), or b if no notice has been given in accordance with paragraph 5(5), before the end of the period of 14 days starting with the day after the date by which the landlord was required to give notice under that sub-paragraph. 4 The county court may give permission for an application to be made after the end of the period allowed by sub-paragraph (3), but only if it is satisfied— a where permission is sought before the end of that period, that there is a good reason for the contract-holder to be unable to make the application in time, or b where permission is sought after that time, that there is a good reason for the contract-holder's failure to make the application in time and for any delay in applying for permission. 5 The county court may confirm or quash the decision to give the notice of extension. 6 In considering whether to confirm or quash the decision, the county court must apply the principles applied by the High Court on an application for judicial review. 7 If the county court quashes the decision— a the notice of extension is of no effect, and b the county court may make any order the High Court could make when making a quashing order on an application for judicial review. 8 If the county court quashes the decision and the landlord gives the contract-holder a further notice of extension under paragraph 4 before the end of the post-review period— a the notice has effect as if given in accordance with paragraph 4(2) (other than for the purposes of paragraph 5(2)), and b paragraph 5(5) is to be read as if it requires the landlord to notify the contract-holder of the outcome of a review under that paragraph before the end of the period of 14 days starting with the day on which the contract-holder requested the review. 9 The post-review period is the period of 14 days beginning with the day on which the county court quashes the decision. Application to court to end probation period 7 1 The contract-holder under an occupation contract which is a periodic standard contract because of an order under section 116 may apply to the court for an order ending the probation period before the time at which it would end under paragraph 3(1). 2 The application may be made at any time after the end of the period of six months starting with the occupation date of the contract (see section 116(2)(b)). 3 The court may end the probation period only if it is satisfied that— a it is no longer necessary for the contract-holder to occupy under a periodic standard contract, or b the landlord has not made an appropriate programme of social support available to the contract-holder and it is unlikely that such support will be made available. Terms of secure contract that was a prohibited conduct standard contract 8 1 This paragraph applies where a prohibited conduct standard contract ends and is replaced with a secure contract because the probation period has ended. 2 If the landlord and the contract-holder have agreed what the terms of the secure contract are to be in that event, the terms of the contract are the terms agreed. 3 Sub-paragraph (2) is subject to the provisions of this Act as to the incorporation of fundamental and supplementary provisions. 4 If the landlord and the contract-holder have not agreed what the terms of the secure contract are to be in that event— a the fundamental and supplementary provisions applicable to secure contracts made with the landlord are incorporated as terms of the contract without modification, b any terms of the contract which are incompatible with those fundamental or supplementary provisions cease to have effect, and c otherwise, the terms of the secure contract are the same as the terms of the prohibited conduct standard contract. 5 The requirement in section 39(1) (landlord must give contract-holder a contact address at start of contract) does not apply. SCHEDULE 8 ESTATE MANAGEMENT GROUNDS (introduced by sections 160 and 162) PART 1 THE GROUNDS REDEVELOPMENT GROUNDS Ground A (building works) 1 The landlord intends, within a reasonable time of obtaining possession of the dwelling— a to demolish or reconstruct the building or part of the building comprising the dwelling, or b to carry out work on that building or on land treated as part of the dwelling, and cannot reasonably do so without obtaining possession of the dwelling. Ground B (redevelopment schemes) 2 1 This ground arises if the dwelling satisfies the first condition or the second condition. 2 The first condition is that the dwelling is in an area which is the subject of a redevelopment scheme approved in accordance with Part 2 of this Schedule, and the landlord intends within a reasonable time of obtaining possession to dispose of the dwelling in accordance with the scheme. 3 The second condition is that part of the dwelling is in such an area and the landlord intends within a reasonable time of obtaining possession to dispose of that part in accordance with the scheme, and for that purpose reasonably requires possession of the dwelling. SPECIAL ACCOMMODATION GROUNDS Ground C (charities) 3 1 The landlord is a charity and the contract-holder's continued occupation of the dwelling would conflict with the objects of the charity. 2 But this ground is not available to the landlord (“L”) unless, at the time the contract was made and at all times after that, the person in the position of landlord (whether L or another person) has been a charity. 3 In this paragraph “ charity ” has the same meaning as in the Charities Act 2011 (c. 25) (see section 1 of that Act). Ground D (dwelling suitable for disabled people) 4 The dwelling has features which are substantially different from those of ordinary dwellings and which are designed to make it suitable for occupation by a physically disabled person who requires accommodation of a kind provided by the dwelling and— a there is no longer such a person living in the dwelling, and b the landlord requires the dwelling for occupation by such a person (whether alone or with members of that person's family). Ground E (housing associations and housing trusts: people difficult to house) 5 1 The landlord is a housing association or housing trust which makes dwellings available only for occupation (whether alone or with others) by people who are difficult to house, and— a either there is no longer such a person living in the dwelling or a local housing authority has offered the contract-holder a right to occupy another dwelling under a secure contract, and b the landlord requires the dwelling for occupation by such a person (whether alone or with members of that person's family). 2 A person is difficult to house if that person's circumstances (other than financial circumstances) make it especially difficult for him or her to satisfy his or her need for housing. Ground F (groups of dwellings for people with special needs) 6 The dwelling constitutes part of a group of dwellings which it is the practice of the landlord to make available for occupation by persons with special needs and— a a social service or special facility is provided in close proximity to the group of dwellings in order to assist persons with those special needs, b there is no longer a person with those special needs living in the dwelling, and c the landlord requires the dwelling for occupation by a person who has those special needs (whether alone or with members of his or her family). UNDER-OCCUPATION GROUNDS Ground G (reserve successors) 7 The contract-holder succeeded to the occupation contract under section 73 as a reserve successor (see sections 76 and 77), and the accommodation comprised in the dwelling is more extensive than is reasonably required by the contract-holder. Ground H (joint contract-holders) 8 1 This ground arises if the first condition and the second condition are met. 2 The first condition is that a joint contract-holder's rights and obligations under the contract have been ended in accordance with— a section 111, 130 or 138 (withdrawal), or b section 225, 227 or 230 (exclusion). 3 The second condition is that— a the accommodation comprised in the dwelling is more extensive than is reasonably required by the remaining contract-holder (or contract-holders), or b where the landlord is a community landlord, the remaining contract-holder does not (or the remaining contract-holders do not) meet the landlord's criteria for the allocation of housing accommodation. OTHER ESTATE MANAGEMENT REASONS Ground I (other estate management reasons) 9 1 This ground arises where it is desirable for some other substantial estate management reason that the landlord should obtain possession of the dwelling. 2 An estate management reason may, in particular, relate to— a all or part of the dwelling, or b any other premises of the landlord to which the dwelling is connected, whether by reason of proximity or the purposes for which they are used, or in any other manner. FUNDAMENTAL PROVISION Fundamental provision applicable to all occupation contracts 10 This Part of this Schedule is a fundamental provision which is incorporated as a term of all occupation contracts. PART 2 APPROVAL OF REDEVELOPMENT SCHEMES FOR PURPOSES OF GROUND B Approval of scheme and of variation of scheme 11 1 The Welsh Ministers may, on the application of a landlord, approve for the purposes of estate management Ground B a scheme for the disposal and redevelopment of an area of land consisting of or including the whole or part of a dwelling subject to an occupation contract. 2 For the purposes of this paragraph— a “ disposal ” means a disposal of any interest in the land (including the grant of an option), and b “ redevelopment ” means the demolition or reconstruction of buildings or the carrying out of other works to buildings or land, and it is immaterial whether the disposal is to precede or follow the redevelopment. 3 The Welsh Ministers may on the application of the landlord approve a variation of a scheme previously approved by them and may, amongst other things, approve a variation adding land to the area subject to the scheme. Notice to contract-holders affected 12 1 If a landlord proposes to apply to the Welsh Ministers for the approval of a scheme or variation of an approved scheme, the landlord must give a notice to the contract-holder under any affected occupation contract. 2 An occupation contract is affected if the dwelling subject to it is affected by the proposal. 3 The notice must state— a the main features of the proposed scheme, or of the proposed variations of the approved scheme, b that the landlord proposes to apply to the Welsh Ministers for approval of the scheme or variation, and c that, because of section 160 and estate management Ground B, the effect of such approval will be to enable the landlord to make a possession claim in respect of the dwelling. 4 The notice must also inform the contract-holder that— a he or she may make representations to the landlord about the proposal, and b the representations must be made before the end of the period of 28 days starting with the day on which the notice is given to him or her (or such longer period as the landlord may specify in the notice). 5 The landlord may not apply to the Welsh Ministers until the landlord has considered any representations made before the end of that period. 6 Sub-paragraph (7) applies in the case of a landlord under an occupation contract which would (but for this paragraph) be required under section 234 to consult the contract-holder as regards a redevelopment scheme (or a variation of a redevelopment scheme). 7 Where this sub-paragraph applies, this paragraph is to apply in relation to the landlord's consultation with the contract-holder instead of section 234. Decision on approval or variation 13 1 In considering whether to give its approval to a scheme or variation the Welsh Ministers must, among other things, take into account— a the effect of the scheme on the extent and character of housing accommodation in the neighbourhood, b the period of time proposed in the scheme as the period within which the proposed disposal and redevelopment will take place, and c the extent to which the scheme includes provision for housing provided under the scheme to be sold to, or occupied under occupation contracts by, relevant persons. 2 “ Relevant persons ” means existing contract-holders under an occupation contract with the landlord and, if the landlord is a community landlord, persons nominated by the landlord. 3 The Welsh Ministers must also take into account— a any representations made to them, and b so far as they are brought to the Welsh Ministers' attention, any representations made to the landlord. 4 The landlord must give to the Welsh Ministers such information as to the representations made to the landlord, and other relevant matters, as the Welsh Ministers may request. Scheme affecting part of dwelling etc. 14 The Welsh Ministers may not approve a scheme or variation so as to include in the area subject to the scheme— a part only of any dwelling subject to an occupation contract, or b any dwelling subject to an occupation contract that is not affected by the works involved in the redevelopment but is proposed to be disposed of along with other land which is so affected, unless they are satisfied that the inclusion is justified in the circumstances. Conditions in relation to approval 15 1 The approval may be given subject to conditions and may be expressed to end after a specified period. 2 The Welsh Ministers, on the application of the landlord or otherwise, may vary an approval so as to— a add, remove or vary conditions to which the approval is subject, or b extend or restrict the period after which the approval is to end. Special provision for community landlords 16 For the purposes of this Part of this Schedule a community landlord is to be treated as being a landlord in relation to a dwelling if it has an interest of any description in that dwelling. SCHEDULE 8A STANDARD CONTRACTS WHICH CAN BE TERMINATED ON TWO MONTHS' NOTICE UNDER SECTION 173 OR A LANDLORD'S BREAK CLAUSE (introduced by sections 174, 174A, 195 and 195A) Prohibited conduct standard contracts 1 A prohibited conduct standard contract. Tenancies and licences which are occupation contracts because of notice given under Part 2 of Schedule 2 2 A standard contract which would not be an occupation contract but for a notice under paragraph 3 of Schedule 2 (holiday accommodation; care institutions; temporary expedients; shared accommodation). Accommodation for students in higher education 3 1 A standard contract where— a the landlord is a higher education institution, and b the right to occupy is conferred for the purpose of enabling the contract-holder to attend a course of study at that institution, or at another higher education institution (whether or not the right to occupy is also conferred for another purpose). 2 “ Higher education institution ” means an institution in the higher education sector (within the meaning of section 91(5) of the Further and Higher Education Act 1992 (c. 13)). Supported accommodation 4 A supported standard contract. ... 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Accommodation for homeless persons 6 A standard contract made as described in paragraph 11 or 12 of Schedule 2 (accommodation for homeless persons). Service occupancy 7 A standard contract where the contract-holder is required by his or her contract of employment to occupy the dwelling. Service occupancy: police 8 A standard contract where— a the contract-holder is a member of a police force, and b the dwelling is provided for the contract-holder free of rent under regulations made under section 50 of the Police Act 1996 (c. 16) (general regulations as to government, administration and conditions of service). Service occupancy: fire and rescue services 9 A standard contract where— a the contract-holder is an employee of a fire and rescue authority, b the contract-holder's contract of employment requires him or her to live in close proximity to a particular fire station, and c the dwelling is provided to him or her by the fire and rescue authority in consequence of that requirement. Temporary accommodation: land acquired for development 10 1 A standard contract where— a the land the dwelling is on (including any land occupied together with the dwelling other than agricultural land exceeding 0.809 hectares) is, or is part of, land which has been acquired for development, and b the dwelling is used by the landlord as temporary housing accommodation pending development of the land. 2 “ Development ” has the meaning given by section 55 of the Town and Country Planning Act 1990 (c. 8). Temporary accommodation: short-term arrangements 11 A standard contract where— a the dwelling has been let to the landlord with vacant possession for use as temporary housing accommodation, b the terms on which it has been let include provision for the lessor to obtain vacant possession from the landlord at the end of a specified period or when required by the lessor, c the lessor is not a community landlord, and d the landlord has no interest in the dwelling other than under the lease in question or as mortgagor. Temporary accommodation: accommodation during works 12 1 A standard contract where— a the dwelling (the “temporary dwelling”) has been made available for occupation by the contract-holder while works are carried out on the dwelling previously occupied by the contract-holder as a home, b the landlord of the temporary dwelling is not the same as the landlord of the dwelling previously occupied by the contract-holder (the “old dwelling”), and c the contract-holder was not a contract-holder under a secure contract of the old dwelling at the time when the contract-holder ceased to occupy it as a home. 2 In this paragraph, references to the contract-holder include references to the contract-holder's predecessor. 3 For the purposes of sub-paragraph (2), a person is a predecessor of a contract-holder under a standard contract if that person was an earlier contract-holder under the same contract. Power to amend Schedule 13 The Welsh Ministers may by regulations amend this Schedule. SCHEDULE 9 STANDARD CONTRACTS TO WHICH LIMITS IN SECTIONS 175 ... AND 196 (WHEN LANDLORD'S NOTICE MAY BE GIVEN) DO NOT APPLY (introduced by sections 175 ... and 196) Prohibited conduct standard contracts 1 A prohibited conduct standard contract. Tenancies and licences which are occupation contracts because of notice given under Part 2 of Schedule 2 2 A standard contract which would not be an occupation contract but for a notice under paragraph 3 of Schedule 2 (holiday accommodation; care institutions; temporary expedients; shared accommodation). Supported accommodation 3 A supported standard contract . ... 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Accommodation for displaced persons 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Accommodation for homeless persons 6 A standard contract made as described in paragraph 11 or 12 of Schedule 2 (accommodation for homeless persons). Service occupancy 7 A standard contract where the contract-holder is required by his or her contract of employment to occupy the dwelling. Service occupancy: police 8 A standard contract where— a the contract-holder is a member of a police force, and b the dwelling is provided for the contract-holder free of rent under regulations made under section 50 of the Police Act 1996 (c. 16) (general regulations as to government, administration and conditions of service). Service occupancy: fire and rescue services 9 A standard contract where— a the contract-holder is an employee of a fire and rescue authority, b the contract-holder's contract of employment requires him or her to live in close proximity to a particular fire station, and c the dwelling is provided to him or her by the fire and rescue authority in consequence of that requirement. Temporary accommodation: land acquired for development 10 1 A standard contract where— a the land the dwelling is on (including any land occupied together with the dwelling other than agricultural land exceeding 0.809 hectares) is, or is part of, land which has been acquired for development, and b the dwelling is used by the landlord as temporary housing accommodation pending development of the land. 2 “ Development ” has the meaning given by section 55 of the Town and Country Planning Act 1990 (c. 8). Temporary accommodation: short-term arrangements 11 A standard contract where— a the dwelling has been let to the landlord with vacant possession for use as temporary housing accommodation, b the terms on which it has been let include provision for the lessor to obtain vacant possession from the landlord at the end of a specified period or when required by the lessor, c the lessor is not a community landlord, and d the landlord has no interest in the dwelling other than under the lease in question or as mortgagor. Temporary accommodation: accommodation during works 12 1 A standard contract where— a the dwelling (the “temporary dwelling”) has been made available for occupation by the contract-holder while works are carried out on the dwelling previously occupied by the contract-holder as a home, b the landlord of the temporary dwelling is not the same as the landlord of the dwelling previously occupied by the contract-holder (the “old dwelling”), and c the contract-holder was not a contract-holder under a secure contract of the old dwelling at the time when the contract-holder ceased to occupy it as a home. 2 In this paragraph, references to the contract-holder include references to the contract-holder's predecessor. 3 For the purposes of sub-paragraph (2), a person is a predecessor of a contract-holder under a standard contract if that person was an earlier contract-holder under the same contract. Power to amend Schedule 13 The Welsh Ministers may by regulations amend this Schedule. SCHEDULE 9A STANDARD CONTRACTS: RESTRICTIONS ON GIVING NOTICE UNDER SECTION 173, UNDER SECTION 186, AND UNDER A LANDLORD'S BREAK CLAUSE (introduced by sections 176, 186A and 197) PART 1 THE RESTRICTIONS Failure to provide written statement 1 1 This paragraph is incorporated as a term of all standard contracts which— a are mentioned in paragraph 7(1), and b incorporate section 31. 2 A landlord may not give notice at a time when— a the contract-holder has not been given a written statement of the contract under section 31(1) (requirement to provide written statement at the start of a contract), or b the landlord is aware that the identity of the contract-holder has changed, and the new contract-holder has not been given a written statement of the contract under section 31(2) (requirement to give written statement to a new contract-holder). Six month restriction following failure to provide written statement within the period specified in section 31 2 1 This paragraph is incorporated as a term of all standard contracts which— a are mentioned in paragraph 7(1), and b incorporate section 31. 2 A landlord who has failed to comply with section 31(1) or (2) may not give notice during the period of six months starting with the day on which the landlord gave a written statement of the contract to the contract-holder. Failure to provide information 3 1 This paragraph is incorporated as a term of all standard contracts which— a are mentioned in paragraph 7(1), and b incorporate section 39. 2 A landlord may not give notice at a time when the landlord has not provided a notice required under section 39 (duty to provide information). Failure to provide valid energy performance certificate 3A 1 This paragraph is incorporated as a term of all standard contracts which— a are mentioned in paragraph 7(1), and b relate to a dwelling in relation to which regulation 6(5) of the EPB Regulations (requirement to give tenant a valid energy performance certificate) applies. 2 A landlord may not give notice at a time when the landlord has not complied with regulation 6(5) of the EPB Regulations. 3 For the purposes of this paragraph, it does not matter when the valid energy performance certificate was given (and nothing in this paragraph requires that a new energy performance certificate be given to a contract-holder when a certificate given to that contract-holder in compliance with that regulation ceases to be valid under the EPB Regulations). 4 In this paragraph— “ the EPB Regulations ” (“ y Rheoliadau PYA ”) means the Energy Performance of Buildings (England and Wales) Regulations 2012 ( S.I. 2012/3118 ); “ valid energy performance certificate ” (“ tystysgrif perfformiad ynni ddilys ”) is to be interpreted in accordance with the EPB Regulations. Breach of security and deposit requirements 4 1 A landlord may not give notice at a time when security required by the landlord in connection with the contract in a form not permitted by section 43 has not been returned to the person by whom it was given. 2 A landlord may not give a notice at a time when any of sub-paragraphs (3) to (5) apply unless— a a deposit paid in connection with the contract has been returned to the contract-holder (or any person who paid the deposit on the contract-holder's behalf) either in full or with such deduction as may have been agreed, or b an application to the county court has been made under paragraph 2 of Schedule 5 and has been determined by the county court, withdrawn, or settled by agreement between the parties. 3 This sub-paragraph applies if a deposit has been paid in connection with the contract but the initial requirements of an authorised deposit scheme have not been complied with. 4 This sub-paragraph applies if a deposit has been paid in connection with the contract but the landlord has not provided the information required by section 45(2)(b). 5 This sub-paragraph applies if a deposit paid in connection with the contract is not being held in accordance with an authorised deposit scheme. 6 Sub-paragraph (1) is only incorporated as a term of a contract mentioned in paragraph 7(1) which incorporates section 43. Prohibited payments and holding deposits under the Renting Homes (Fees etc.) (Wales) Act 2019 (anaw 2) 5 1 A landlord may not give a notice at a time when— a a prohibited payment (within the meaning of the Renting Homes (Fees etc.) (Wales) Act 2019) has been made in relation to the contract as described in section 2 or 3 of that Act, and b that prohibited payment has not been repaid. 2 A landlord may not give a notice at a time when— a a holding deposit (within the meaning of the Renting Homes (Fees etc.) (Wales) Act 2019) paid in relation to the contract has not been repaid, and b the failure to repay the deposit amounts to a breach of the requirements of Schedule 2 to that Act. 3 In determining for the purposes of this paragraph whether a prohibited payment or a holding deposit has been repaid, the payment or deposit is to be treated as having been repaid to the extent (if any) that it has been applied towards either or both of the following— a a payment of rent under the contract; b a payment required as security in respect of the contract. Failure to ensure that working smoke alarms and carbon monoxide alarms are installed 5A 1 This paragraph is incorporated as a term of all standard contracts— a which are mentioned in paragraph 7(1), and b in relation to which regulation 5 of the Renting Homes (Fitness for Human Habitation) (Wales) Regulations 2022 ( S.I. 2022/6 (W. 4) ) (“ the Fitness for Human Habitation Regulations ”) applies. 2 A landlord may not give notice at a time when— a the dwelling is treated as unfit for human habitation by virtue of regulation 5(3) of the Fitness for Human Habitation Regulations (failure to ensure that working smoke alarms and, in certain circumstances, carbon monoxide alarms are installed in a dwelling), and b as a result, the landlord is required under Part 4 of this Act to take steps to stop the dwelling from being treated as unfit for human habitation by virtue of that regulation. Failure to supply electrical condition report etc. 5B 1 This paragraph is incorporated as a term of all standard contracts— a which are mentioned in paragraph 7(1), and b in relation to which regulation 6 of the Renting Homes (Fitness for Human Habitation) (Wales) Regulations 2022 ( S.I. 2022/6 (W. 4) ) (“ the Fitness for Human Habitation Regulations ”) applies. 2 A landlord may not give notice at a time when— a the dwelling is treated as unfit for human habitation by virtue of regulation 6(6) of the Fitness for Human Habitation Regulations (failure to obtain an electrical condition report, or to give the contract holder such a report or written confirmation of certain other electrical work), and b as a result, the landlord is required under Part 4 of this Act to take steps to stop the dwelling from being treated as unfit for human habitation by virtue of that regulation. Failure to provide gas safety report to contract-holder 5C 1 This paragraph is incorporated as a term of all standard contracts— a which are mentioned in paragraph 7(1), and b in relation to which regulation 36 of the Gas Safety Regulations applies. 2 A landlord may not give notice at a time when the landlord has not complied with regulation 36(6) or (as the case may be) (7) of the Gas Safety Regulations (requirement to provide or display report on safety etc. of gas installations). 3 For the purposes of sub-paragraph (2), a landlord who has not complied with regulation 36(6) or (7) of the Gas Safety Regulations is to be treated as in compliance with the provision in question at any time when— a the landlord has ensured that the contract-holder has been given, or (as the case may be) there is displayed in a prominent position in the dwelling, a copy of a gas safety record, and b that record is valid. 4 For the purposes of sub-paragraph (3), a gas safety record is valid until the end of the period within which the appliance or flue to which the record relates is required, under the Gas Safety Regulations, to again be subjected to a check for safety. 5 In this paragraph— “ check for safety ” (“ gwiriad diogelwch ”) means a check for safety carried out in accordance with regulation 36(3) of the Gas Safety Regulations; “ gas safety record ” (“ cofnod diogelwch nwy ”) means a record made pursuant to the requirements of regulation 36(3)(c) of the Gas Safety Regulations; “ Gas Safety Regulations ” (“ Rheoliadau Diogelwch Nwy ”) means the Gas Safety (Installation and Use) Regulations 1998 ( S.I. 1998/2451 ). Meaning of “notice” 6 In this Schedule, “ notice ” means notice under— a section 173 (landlord's notice under a periodic standard contract); b section 186 (landlord's notice in connection with end of fixed term); c a landlord's break clause in a fixed term standard contract. PART 2 FURTHER PROVISION Fundamental provision 7 1 Part 1 of this Schedule is a fundamental provision which is , subject to any provision to the contrary in Part 1, incorporated as a term of all— a periodic standard contracts which incorporate section 173 as a term of the contract, b fixed term standard contracts which incorporate section 186 as a term of the contract, and c fixed term standard contracts which have a landlord's break clause. 2 Section 20 provides that Part 1 of this Schedule— a must be incorporated, and b must not be incorporated with modifications. Power to amend Schedule 8 The Welsh Ministers may by regulations amend this Schedule. SCHEDULE 9B FIXED TERM STANDARD CONTRACTS WHICH CAN BE TERMINATED BY GIVING NOTICE UNDER SECTION 186 (introduced by section 186) Tenancies and licences which are occupation contracts because of notice given under Part 2 of Schedule 2 1 A standard contract which would not be an occupation contract but for a notice under paragraph 3 of Schedule 2 (holiday accommodation; care institutions; temporary expedients; shared accommodation). Supported accommodation 2 A supported standard contract. ... 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Accommodation for homeless persons 4 A standard contract made as described in paragraph 11 or 12 of Schedule 2 (accommodation for homeless persons). Service occupancy 5 A standard contract where the contract-holder is required by his or her contract of employment to occupy the dwelling. Service occupancy: police 6 A standard contract where— a the contract-holder is a member of a police force, and b the dwelling is provided for the contract-holder free of rent under regulations made under section 50 of the Police Act 1996 (c. 16) (general regulations as to government, administration and conditions of service). Service occupancy: fire and rescue services 7 A standard contract where— a the contract-holder is an employee of a fire and rescue authority, b the contract-holder's contract of employment requires him or her to live in close proximity to a particular fire station, and c the dwelling is provided to him or her by the fire and rescue authority in consequence of that requirement. Temporary accommodation: land acquired for development 8 1 A standard contract where— a the land the dwelling is on (including any land occupied together with the dwelling other than agricultural land exceeding 0.809 hectares) is, or is part of, land which has been acquired for development, and b the dwelling is used by the landlord as temporary housing accommodation pending development of the land. 2 “ Development ” has the meaning given by section 55 of the Town and Country Planning Act 1990 (c. 8). Temporary accommodation: short-term arrangements 9 A standard contract where— a the dwelling has been let to the landlord with vacant possession for use as temporary housing accommodation, b the terms on which it has been let include provision for the lessor to obtain vacant possession from the landlord at the end of a specified period or when required by the lessor, c the lessor is not a community landlord, and d the landlord has no interest in the dwelling other than under the lease in question or as mortgagor. Temporary accommodation: accommodation during works 10 1 A standard contract where— a the dwelling (the “temporary dwelling”) has been made available for occupation by the contract-holder while works are carried out on the dwelling previously occupied by the contract-holder as a home, b the landlord of the temporary dwelling is not the same as the landlord of the dwelling previously occupied by the contract-holder (the “old dwelling”), and c the contract-holder was not a contract-holder under a secure contract of the old dwelling at the time when the contract-holder ceased to occupy it as a home. 2 In this paragraph, references to the contract-holder include references to the contract-holder's predecessor. 3 For the purposes of sub-paragraph (2), a person is a predecessor of a contract-holder under a standard contract if that person was an earlier contract-holder under the same contract. Power to amend Schedule 11 The Welsh Ministers may by regulations amend this Schedule. SCHEDULE 9C FIXED TERM STANDARD CONTRACTS WHICH MAY CONTAIN A LANDLORD'S BREAK CLAUSE EVEN IF MADE FOR A TERM OF LESS THAN TWO YEARS (introduced by section 194) Tenancies and licences which are occupation contracts because of notice given under Part 2 of Schedule 2 1 A standard contract which would not be an occupation contract but for a notice under paragraph 3 of Schedule 2 (holiday accommodation; care institutions; temporary expedients; shared accommodation). Supported accommodation 2 A supported standard contract. ... 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Accommodation for homeless persons 4 A standard contract made as described in paragraph 11 or 12 of Schedule 2 (accommodation for homeless persons). Service occupancy 5 A standard contract where the contract-holder is required by his or her contract of employment to occupy the dwelling. Service occupancy: police 6 A standard contract where— a the contract-holder is a member of a police force, and b the dwelling is provided for the contract-holder free of rent under regulations made under section 50 of the Police Act 1996 (c. 16) (general regulations as to government, administration and conditions of service). Service occupancy: fire and rescue services 7 A standard contract where— a the contract-holder is an employee of a fire and rescue authority, b the contract-holder's contract of employment requires him or her to live in close proximity to a particular fire station, and c the dwelling is provided to him or her by the fire and rescue authority in consequence of that requirement. Temporary accommodation: land acquired for development 8 1 A standard contract where— a the land the dwelling is on (including any land occupied together with the dwelling other than agricultural land exceeding 0.809 hectares) is, or is part of, land which has been acquired for development, and b the dwelling is used by the landlord as temporary housing accommodation pending development of the land. 2 “ Development ” has the meaning given by section 55 of the Town and Country Planning Act 1990 (c. 8). Temporary accommodation: short-term arrangements 9 A standard contract where— a the dwelling has been let to the landlord with vacant possession for use as temporary housing accommodation, b the terms on which it has been let include provision for the lessor to obtain vacant possession from the landlord at the end of a specified period or when required by the lessor, c the lessor is not a community landlord, and d the landlord has no interest in the dwelling other than under the lease in question or as mortgagor. Temporary accommodation: accommodation during works 10 1 A standard contract where— a the dwelling (the “temporary dwelling”) has been made available for occupation by the contract-holder while works are carried out on the dwelling previously occupied by the contract-holder as a home, b the landlord of the temporary dwelling is not the same as the landlord of the dwelling previously occupied by the contract-holder (the “old dwelling”), and c the contract-holder was not a contract-holder under a secure contract of the old dwelling at the time when the contract-holder ceased to occupy it as a home. 2 In this paragraph, references to the contract-holder include references to the contract-holder's predecessor. 3 For the purposes of sub-paragraph (2), a person is a predecessor of a contract-holder under a standard contract if that person was an earlier contract-holder under the same contract. Power to amend Schedule 11 The Welsh Ministers may by regulations amend this Schedule. SCHEDULE 10 ORDERS FOR POSSESSION ON DISCRETIONARY GROUNDS ETC.: REASONABLENESS (introduced by sections 209, 210 and 211) Introductory 1 This Schedule applies for the purpose of determining whether it is reasonable— a to make an order for possession under section 209 (breach of contract) or 210 (estate management grounds), or b to make a decision under section 211 to adjourn proceedings on a possession claim or postpone the giving up of possession. 2 The court, in determining whether it is reasonable to make such an order or decision, or to make any other decision available to it, must (amongst other things) have regard to the circumstances set out in paragraphs 4 to 13 to the extent that the court considers them relevant (and to the extent that it is not otherwise required to have regard to those matters; for example, under the Human Rights Act 1998 (c. 42)). 3 Paragraph 14 sets out a circumstance, concerning local authority assistance with homelessness, which the court should not have regard to (subject to any duty to have regard to that circumstance to which the court is subject). Circumstances as regards the contract-holder 4 The probable effect of the order or decision on the contract-holder (and on any permitted occupiers of the dwelling). 5 If the case is one in which the court may decide to postpone the giving up of possession, the likelihood that the contract-holder will comply with any terms that may be imposed. Circumstances as regards the landlord 6 The probable effect of not making the order, or of the decision, on the landlord's interests, including the landlord's financial interests. 7 If the landlord is a community landlord, the probable effect of not making the order, or of the decision, on the landlord's ability to fulfil its housing functions, including assisting other persons in need of accommodation. Circumstances as regards other persons 8 1 The probable effect of the order or decision on— a contract-holders and permitted occupiers of other dwellings of the landlord, b persons who have asked the landlord to provide them with housing accommodation, and c persons living, visiting or otherwise engaging in a lawful activity in the locality (and persons who wish to live, visit or engage in lawful activities in the locality). 2 If a possession claim is made on the ground in section 157 (breach of contract), the probable effect of the circumstances set out in paragraph 10 on the persons mentioned in sub-paragraph (1). New occupation contract offered 9 Whether the landlord has offered or undertakes to offer a new occupation contract (whether for the same dwelling or other dwellings) to one or more of the persons occupying or living in the dwelling. Circumstances in relation to a possession claim on ground of breach of contract 10 If a possession claim is made on the ground in section 157 (breach of contract)— a the nature, frequency or duration of the breach or breaches, b the degree to which the contract-holder (or a permitted occupier of the dwelling) is responsible for the breach, c how likely it is that the breach will recur, and d any action to end, or prevent a recurrence of, the breach that was taken by the landlord before making a possession claim. Circumstances in relation to a possession claim concerning section 55 11 If the landlord makes a possession claim relying on a breach of section 55 (anti-social behaviour and other prohibited conduct), the general public interest in restraining the conduct prohibited by that section. Circumstances relating to estate management Ground G 12 If the landlord makes a possession claim relying wholly or partly on estate management Ground G (accommodation not required by reserve successor)— a the age of the contract-holder who succeeded to the contract under section 73, b the period during which the contract-holder has occupied the dwelling as his or her only or principal home, and c any financial or other support given by the contract-holder to the contract-holder who died (or, if the contract-holder who died was the successor of an earlier contract-holder, to that earlier contract-holder). Circumstances relating to estate management Ground H 13 If the landlord makes a possession claim relying wholly or partly on estate management Ground H (departing joint contract-holder)— a the age of the remaining contract-holder (or each of the remaining contract-holders), and b the period during which the remaining contract-holder (or each of the remaining contract-holders) has occupied the dwellings as his or her only or principal home. Assistance in relation to homelessness not relevant 14 The likelihood that a person will be assisted under Part 2 of the Housing (Wales) Act 2014 (anaw 7) or Part 7 of the Housing Act 1996 (c. 52) (homelessness) is not a relevant circumstance (subject to any requirement to have regard to that circumstance to which the court is subject). SCHEDULE 11 SUITABLE ALTERNATIVE ACCOMMODATION (introduced by sections 210 and 222) Introductory 1 1 This Schedule applies for the purposes of— a an order for possession under section 210 (estate management grounds), or b an order under section 222(3)(b) (appeal following possession for abandonment). 2 In this Schedule the dwelling previously occupied by the contract-holder or of which possession is sought is referred to as “ the existing dwelling ”, and the occupation contract to which that dwelling is or was subject is referred to as “ the existing contract ”. Estate management grounds: certificate of local housing authority 2 1 This paragraph applies if— a this Schedule applies because of section 210, and b the landlord under the existing contract is not a local housing authority. 2 A certificate of the local housing authority for the area in which the existing dwelling is situated, certifying that the authority will provide suitable alternative accommodation for the contract-holder by a date specified in the certificate, is conclusive evidence that suitable alternative accommodation will be available for him or her by that date. Suitable accommodation 3 1 This paragraph applies if— a this Schedule applies because of section 210 and either— i no certificate of the kind mentioned in paragraph 2(2) is produced to the court, or ii the landlord in relation to the existing dwelling is a local housing authority, or b this Schedule applies because of section 222. 2 Accommodation is suitable if— a it is to be occupied by the contract-holder under an occupation contract that gives him or her security of occupation reasonably equivalent to that given by the existing contract, and b in the opinion of the court it is reasonably suitable to the needs of the contract-holder and his or her family (which must be determined in accordance with paragraph 4). 3 If the existing contract relates to a separate dwelling, accommodation is not suitable unless it is a separate dwelling. Needs of contract-holder and his or her family 4 1 The court must determine whether accommodation is reasonably suitable in relation to the needs of the contract-holder and his or her family in accordance with this paragraph. 2 The court must consider (among other things)— a the needs of the contract-holder and his or her family as regards extent of accommodation, b if the landlord is a private landlord, the needs of the contract-holder and his or her family as regards character of accommodation, c the means of the contract-holder and his or her family, d if the contract-holder or a member of his or her family works or is being educated, the distance of the accommodation from the place (or places) of work or education, e if proximity to the home of any member of the contract-holder's family is essential to the well-being of the contract-holder or that member of his or her family, the proximity of the accommodation to that home, f the terms of the existing contract and the terms of the occupation contract under which the accommodation is to be occupied, and g if furniture was provided by the landlord under the existing contract, whether furniture is to be provided for use by the contract-holder and his or her family and, if so, the nature of that furniture. 3 If the landlord is a community landlord, the court must also consider the nature of the accommodation which it is the practice of the landlord to allocate to persons with similar needs. 4 If the landlord is a private landlord the court may consider, as an alternative to the matters in sub-paragraph (2)(a) to (c), whether the accommodation is similar as regards rent and extent to the accommodation provided in the neighbourhood by community landlords for comparable persons. 5 “Comparable persons” are those whose needs, as regards extent, are in the opinion of the court similar to those of the contract-holder and the contract-holder's family. 6 For the purposes of sub-paragraph (4) a certificate of a local housing authority stating— a the extent of the accommodation provided by the authority to meet the needs of persons with families of such number as may be specified in the certificate, and b the amount of rent charged by the authority for accommodation of that extent, is to be conclusive evidence of the facts so stated. 7 In considering the matters in sub-paragraph (2)(f) the court may not take into account any terms of the occupation contract that relate to lodgers and sub-holders. Overcrowding 5 Accommodation is not suitable to the needs of the contract-holder and his or her family if, as a result of their occupation of the accommodation, the accommodation would constitute an overcrowded dwelling for the purposes of Part 10 of the Housing Act 1985 (c. 68) (see section 324 of that Act). Evidence of certificate of local housing authority 6 A document that purports to be a certificate of the local housing authority named in the certificate, issued for the purposes of this Schedule, and signed by the proper person on behalf of the authority— a is to be received in evidence, and b unless the contrary is shown, is to be treated as such a certificate without further proof. SCHEDULE 12 CONVERSION OF TENANCIES AND LICENCES EXISTING BEFORE COMMENCEMENT OF CHAPTER 3 OF PART 10 (introduced by section 240) Definitions 1 1 In this Schedule— “ assured agricultural occupancy ” (“ meddiannaeth amaethyddol sicr ”) has the same meaning as in Part 1 of the Housing Act 1988 (c. 50) (see section 24(1) of that Act); “ assured tenancy ” ( “tenantiaeth sicr” ) includes a reference to an assured agricultural occupancy which is treated as an assured tenancy under section 24(3) of the Housing Act 1988 (as well as an assured agricultural occupancy which is an assured tenancy) “ converted AAO ” ( “MAS wedi ei throsi” ) means a converted contract which immediately before the appointed day was an assured agricultural occupancy; “ converted contract ” (“ contract wedi ei drosi ”) means a tenancy or licence which existed immediately before the appointed day and became an occupation contract on that day; “ converted secure contract ” (“ contract diogel wedi ei drosi ”) means a converted contract which became a secure contract on the appointed day; “ converted standard contract ” (“ contract safonol wedi ei drosi ”) means a converted contract which became a standard contract on the appointed day; “ information provision period ” (“ cyfnod darparu gwybodaeth ”) has the meaning given in paragraph 11(1); “ the initial notice period ” (“ cyfnod hysbysu cychwynnol ”) is the period of two months starting with the appointed day. “ substitute contract ” (“ contract sy’n cymryd lle contract arall ”) has the meaning given in paragraph 32. 2 See section 242 for definitions of other terms used in this Schedule. Determination of whether existing tenancy or licence is occupation contract 2 1 Schedule 2 applies to— a a tenancy or licence which immediately before the appointed day was a secure tenancy, an assured tenancy, an introductory tenancy or a demoted tenancy, and b a tenancy which existed immediately before the appointed day but is not within paragraph (a), as if paragraphs 3(2)(b) and 4 (care institutions) were omitted. 2 Schedule 2 applies to a tenancy which immediately before the appointed day was a secure tenancy, an assured tenancy, an introductory tenancy or a demoted tenancy as if paragraphs 3(2)(c) and 5 (temporary expedients) were omitted. 2A Schedule 2 applies to a tenancy or licence which immediately before the appointed day was a secure tenancy or an assured tenancy as if paragraph 7(3)(k)(i) of that Schedule were omitted. 3 The landlord may, in relation to a tenancy or licence which existed immediately before the appointed day, give notice under paragraph 1 or 3 of Schedule 2 at any time before the end of the initial notice period. 4 If the landlord does so, the tenancy or licence is to be treated as having become an occupation contract on the appointed day. 5 Part 5 of Schedule 2 (special rules applying to supported accommodation) does not apply to— a a tenancy which existed immediately before the appointed day; b a licence which— i immediately before the appointed day was a secure tenancy; ii has a start date (within the meaning given in paragraph 13(5) of Schedule 2) falling more than 6 months before the appointed day. 6 In their application to a tenancy or licence which immediately before the appointed day was an assured agricultural occupancy— a section 7 (tenancies and licences that are occupation contracts) applies as if subsection (1)(b) (rent or other consideration must be payable) were omitted, and b Schedule 2 applies as if paragraph 1(2) were omitted. 2A 1 Section 7(6) and paragraph 7(2) of Schedule 2 do not apply to a licence where immediately before the appointed day— a the licensee was aged 16 or 17, and b the licence was— i a secure tenancy, or ii an assured agricultural occupancy. 2 Where sub-paragraph (1) applies, this Act applies to the contract-holder as if he or she were aged 18. Determination of whether converted contract is secure contract or standard contract 3 1 Sections 11 to 17 (community landlords and private landlords) apply to a converted contract— a under which the landlord is a private landlord, and b which immediately before the appointed day was a secure tenancy under which the landlord was a private landlord, as if the landlord were a community landlord. 2 But in section 14 (review of notice of standard contract) subsection (1) applies as if after “section 13” there were inserted “ and the landlord's decision to give the notice is subject to judicial review ” . 4 1 The landlord under a converted contract to which section 11 applies (whether or not under paragraph 3) may give notice as described in section 11(2)(b) (notice of standard contract) at any time before the end of the initial notice period. 2 If the landlord gives notice under section 13 , the contract is to be treated as having become a standard contract on the appointed day. 3 The landlord under a converted contract may give notice under section 17(1) (notice of secure contract) at any time before the end of the initial notice period. 4 If the landlord does so, the contract is to be treated as having become a secure contract on the appointed day. 5 A converted contract which immediately before the appointed day was— a an introductory tenancy, or b an assured shorthold tenancy— i under which the landlord was a registered social landlord or a private registered provider of social housing, but not a fully mutual housing association or a co-operative housing association, and ii which was expressed as being, or otherwise amounted to, a starter tenancy, has effect as an introductory standard contract (see paragraph 23). 6 A converted contract has effect as a prohibited conduct standard contract (see paragraph 24) if immediately before the appointed day— a section 20B of the Housing Act 1988 (c. 50) (demoted assured shorthold tenancies) applied to it, or b section 143A of the Housing Act 1996 (c. 52) (demoted tenancies) applied to it. 6A A converted contract relating to supported accommodation has effect as a supported standard contract only if immediately before the appointed day the contract was— a an assured shorthold tenancy (see paragraph 24A for further provision about supported standard contracts that were assured shorthold tenancies), or b a licence, other than a licence which was a secure tenancy. 7 1 A converted contract to which sub-paragraph (2) applies is an additional exception to section 11(1) (contracts made with community landlord are secure contracts). 2 This sub-paragraph applies to a converted contract which immediately before the appointed day was a tenancy or licence for a fixed term, provided that— a a premium was paid for the contract, and b before the end of the period of one month starting with the appointed day, the contract-holder decides that the contract should become a fixed term standard contract. 3 Before the appointed day, a community landlord which is the landlord under a tenancy or licence for a fixed term, and for which a premium was paid, must— a inform the contract-holder of his or her right under sub-paragraph (2)(b) to decide that the contract should become a fixed term standard contract, and of the time by which that decision must be made, and b explain how section 11 will apply to the contract if the contract-holder does not make such a decision. 8 1 This paragraph applies where a community landlord becomes the landlord under a fixed term standard contract before the end of the period of one month starting with the appointed day. 2 Section 12 (contracts adopted by community landlord) applies as if in subsection (8)(b), for “before the community landlord becomes the landlord” there were substituted “ before the end of the period of one month starting with the appointed day (within the meaning of section 242) ” . 3 The landlord must give the contract-holder the notice required by section 15(1) on or before the appointed day. 9 1 The following are additional exceptions to sections 11(1) and 12(3) (contracts made or adopted by community landlord are secure contracts). 2 A converted contract which before the appointed day— a had been a secure tenancy, but b had ceased to be such a tenancy because of section 89, 91 or 93 of the Housing Act 1985 (c. 68) (succession, assignment and sub-letting). 3 A converted contract which before the appointed day— a had been an introductory tenancy, but b had ceased to be such a tenancy because of section 133 of the Housing Act 1996 (c. 52) (succession). 4 A converted contract which before the appointed day— a had been a demoted tenancy, but b had ceased to be such a tenancy because of section 143I of the Housing Act 1996 (succession). 10 A converted secure contract which immediately before the appointed day was a secure tenancy becomes a standard contract if— a the tenant died before the appointed day, and b after that day an event occurs which, but for this Act, would under section 89 of the Housing Act 1985 (c. 68) (succession) have caused the contract to cease to be a secure tenancy. Written statement of converted contract and provision of information 11 1 The landlord must give the contract-holder under a converted contract a written statement of the contract before the end of the period of six months starting with the appointed day (“the information provision period”). 1A Where there has been a change in the identity of the contract-holder before 1 June 2023 (which is the first day after the end of the information provision period), section 31(2) (provision of written statement to new contract-holder) applies in relation to a converted contract as if for “the day on which the identity of the contract-holder changes” there were substituted “1 June 2023” . 2 Any references in this Act to the landlord's obligation under section 31(1) are to be read, in relation to converted contracts, as references to the landlord's obligation under sub-paragraph (1). 3 This paragraph does not apply in relation to a substitute contract (and accordingly section 31 applies, as modified by paragraph 11A, in relation to such contracts). 11A 1 In their application to a substitute contract that has come into existence before 1 June 2023— a section 31(1) is to be read as if for “the occupation date” there were substituted “1 June 2023” ; b section 31(2) is to be read as if for “the day on which the identity of the contract-holder changes” there were substituted “1 June 2023” ; c the following provisions are to be read as if for “the occupation date” there were substituted “1 June 2023” — i section 36(3)(a); ii section 37(3)(a); d section 39(1) is to be read as if for “the occupation date of the contract” there were substituted “1 June 2023” . 2 In their application to a substitute contract that has come into existence on or after 1 June 2023— a the following provisions are to be read as if the references to the occupation date were references to the day on which the contract-holder is entitled to begin occupying the dwelling under the substitute contract— i section 31(1); ii section 36(3)(a); iii section 37(3)(a); b section 39(1) is to be read as if the reference to the occupation date of the contract were a reference to the date on which the contract-holder is entitled to begin occupying the dwelling under the substitute contract. 12 Sections 36 and 37 (applications to court) apply in relation to a written statement provided because of paragraph 11(1) as if for the words in section 36(3) and 37(3) there were substituted If the landlord was required to provide the written statement under paragraph 11(1) of Schedule 12, the contract-holder may not apply to the court under subsection (1) before— a the end of the information provision period (within the meaning of Schedule 12), or b if earlier, the period of 14 days starting with the day on which the landlord gave the contract-holder the written statement. 12A ... Schedule 9A (restrictions on giving notice under section 173, under section 186, and under a landlord's break clause) applies in relation to a converted contract , other than a substitute contract, as if— a paragraph 1 were omitted, and b for paragraph 2 there were substituted— Failure to provide written statement within the specified period 2 If— a a landlord is required to provide a written statement of the contract under paragraph 11(1) of Schedule 12, or under section 31(2) ... , and b the landlord has failed to comply with paragraph 11(1) or section 31(2), the landlord may not give notice before the end of the period of six months starting with the day on which the landlord gave the written statement to the contract-holder. 13 1 Section 39(1) (information about landlord's address) applies in relation to a converted contract , other than a substitute contract, as if for “the period of 14 days starting with the occupation date of the contract” there were substituted “the information provision period (within the meaning of Schedule 12)” . 2 Section 40(2) (compensation) applies in relation to section 39(1), as modified by sub-paragraph (1), as if the relevant date were the first day of the period of 14 days ending with the last day of the information provision period (and accordingly section 40 is to be read as if subsection (5) were omitted). Deposit Schemes 13A 1 The provisions mentioned in sub-paragraph (2) do not apply to a converted contract unless, immediately before the appointed day, it was an assured shorthold tenancy. 2 The provisions (which concern a requirement to use a deposit scheme) are— a sections 45 and 46; b Schedule 5; c paragraphs 4(2) to (5) of Schedule 9A. Variation 13B Section 123 (variation of rent) does not apply to a converted contract that is a periodic standard contract under which the landlord is a private landlord and which immediately before the appointed day— a was an assured tenancy but not an assured shorthold tenancy, and b contained a term which made provision about variation of the rent under the tenancy or licence. 14 1 A converted contract may not be varied before the landlord has given the contract-holder a written statement of the contract. 2 Sub-paragraph (1) does not apply to — a a variation under section 104 or 123 (variation of rent) , or b an increase in rent under section 93 of the Rent Act 1977 (c. 42) . 15 1 Sections 104 and 123 (variation of rent) apply to a converted contract (other than a contract mentioned in paragraph 13B) as if any variations in the rent payable under the contract before the appointed day were variations under whichever of those sections applies. 1A Sections 104 and 123 (variation of rent) apply to a converted contract under which the landlord is a community landlord as if, for subsection (3)(a) in each of these sections, there were substituted— a the first notice given after the appointed day must specify a date which is not less than 51 weeks after the last date on which a new rent took effect, and . 2 The Welsh Ministers must by regulations make provision— a enabling the contract-holder under a relevant converted contract, following receipt of a notice under section 104 or 123, to apply to a prescribed person or persons for a determination of the rent for the dwelling, and b for the rent determined by the prescribed person or persons, in accordance with such assumptions as may be prescribed, to be the rent for the dwelling under the contract (unless the landlord and contract-holder otherwise agree). 3 A converted contract is a relevant converted contract if— a immediately before the appointed day it was a tenancy or licence to which section 13 of the Housing Act 1988 (c. 50) (increases of rent under assured periodic tenancies) applied, b it is a periodic standard contract which is a substitute contract ... — i arising under section 184(2), or ii within section 184(6), and which immediately before the appointed day was an assured tenancy, but not an assured shorthold tenancy, for a fixed term, or c it is a secure contract which immediately before the appointed day was an assured tenancy, but not an assured shorthold tenancy, for a fixed term. Waste and tenant-like user 16 Section 101 does not apply to a converted contract; accordingly— a a contract-holder under a converted contract is subject to the same liability for waste in respect of the dwelling as he or she was subject to immediately before the appointed day, and b the rule of law under which a tenant has an implied duty to use demised premises in a tenant-like manner applies to a contract-holder under a converted contract as it applied to him or her immediately before the appointed day. Dealing 17 1 This paragraph is a fundamental provision which is incorporated as a term of all converted standard contracts which immediately before the appointed day were secure tenancies. 2 The contract-holder may allow persons to live in the dwelling as lodgers. 18 1 This paragraph applies in relation to a converted contract— a which is a secure contract or periodic standard contract, and b under which there are joint contract-holders who were tenants in common in equity immediately before the appointed day. 2 The provisions of fixed term standard contracts mentioned in subsection (1) of each of sections 140, 141 and 142 (transfers) are terms of the contract, and subsections (2) and (3) of each of those sections apply accordingly. 19 1 This paragraph applies in relation to a converted contract which is a fixed term standard contract. 2 The provisions of fixed term standard contracts mentioned in subsection (1) of each of sections 139, 140, 141 and 142 (transfers) are terms of the contract, and subsections (2) and (3) of each of those sections apply accordingly. 3 Sub-paragraph (2) does not apply to the extent that any of those provisions is incompatible with an existing term of the contract. Succession 20 1 The contract-holder under a converted contract is to be treated as a priority successor in relation to the contract if— a immediately before the appointed day the converted contract was of a description in column 1 of Table 6, b before the appointed day it had vested in the contract-holder under the provision in column 2 of that Table, and c the contract-holder qualified to succeed because of the provisions in column 3 of that Table. TABLE 6 TYPE OF TENANCY VESTING PROVISION QUALIFYING PROVISIONS Secure tenancy Section 89 of the Housing Act 1985 (c. 68) Sections 87 and 113(1)(a) of that Act Introductory tenancy Section 133 of the Housing Act 1996 (c. 52) Sections 131 and 140(1)(a) of that Act Demoted tenancy Section 143H of the Housing Act 1996 Section 143P(1)(a) or (b) of that Act 2 The contract-holder under a converted contract is also to be treated as a priority successor in relation to the contract if— a immediately before the appointed day the contract was an assured tenancy, b before the appointed day it had vested in the contract-holder under section 17 of the Housing Act 1988 (c. 50) (succession to assured tenancy), and c on the appointed day the landlord under the contract was a community landlord. 21 1 The contract-holder under a converted contract is to be treated as a reserve successor in relation to the contract if— a immediately before the appointed day the converted contract was of a description in column 1 of Table 7, b before the appointed day it had vested in the contract-holder under the provision in column 2 of that Table, and c the contract-holder qualified to succeed because of the provisions in column 3 of that Table. TABLE 7 TYPE OF TENANCY VESTING PROVISION QUALIFYING PROVISIONS Secure tenancy Section 89 of the Housing Act 1985 (c. 68) Sections 87(b) and 113(1)(b) of that Act Introductory tenancy Section 133 of the Housing Act 1996 (c. 52) Sections 131(b) and 140(1)(b) of that Act Demoted tenancy Section 143H of the Housing Act 1996 Section 143P(1)(c) of that Act 2 The contract-holder under a converted contract is to be treated as a reserve successor in relation to the contract if— a immediately before the appointed day the contract was an assured tenancy, and b before the appointed day the contract-holder had become entitled to the assured tenancy under paragraph 3 of Schedule 1 to the Rent Act 1977 (c. 42) (succession). 3 The contract-holder under a converted contract is to be treated as a reserve successor in relation to the contract if— a immediately before the appointed day the contract was an assured tenancy, b before the appointed day it had vested in the contract-holder under section 17 of the Housing Act 1988 (c. 50) (succession to assured tenancy), and c on the appointed day the landlord under the contract was a private landlord. Requirement to occupy dwelling as main home under certain converted contracts 22 1 Sub-paragraph (2) has effect in relation to a converted contract to which this paragraph applies as if it were a supplementary provision prescribed by the Welsh Ministers under section 23. 2 The contract-holder (or if more than one, at least one of them) must occupy the dwelling subject to the contract as his or her only or principal home. 3 This paragraph applies to a converted contract which immediately before the appointed day was— a a protected or statutory tenancy, b a secure tenancy, c an assured tenancy, d an introductory tenancy, or e a demoted tenancy. Introductory standard contracts 23 1 This paragraph applies to a converted contract which has effect as an introductory standard contract because of paragraph 5. 2 The introductory period of the contract ends if— a the tenant died before the appointed day, and b after that day an event occurs which, but for this Act, would under section 133 of the Housing Act 1996 (c. 52) (succession) have caused the contract to cease to be an introductory tenancy, and section 16(1)(b) of this Act (conversion to secure contract) does not apply where the introductory period ends because of this sub-paragraph. 3 This Act applies as if — a in section 174 (landlord's notice: minimum notice period), the reference in subsection (1) to “six months” were a reference to “two months”, b in section 175 (landlord's notice: notice may not be given until after first six months of occupation), the references in subsections (1) and (2) (and the heading) to “six months” were references to “four months”, and c the reference in paragraph 1(7) of Schedule 4 to the introduction date of the contract were a reference to— i in relation to a converted contract which, immediately before the appointed day, was an introductory tenancy, to the day which was the beginning of the trial period under section 125(2)(a) or (b) of the Housing Act 1996 (c. 52) ; ii in relation to a converted contract which, immediately before the appointed day, was a starter tenancy, to the introduction date of the tenancy as determined in accordance with sub-paragraph (5). 4 Paragraph 2 of Schedule 4 (introductory period where there are previous contracts) applies as if references to introductory standard contracts were to— a assured shorthold tenancies under which the landlord was a registered social landlord or a private registered provider of social housing, or b introductory tenancies. 5 For the purposes of paragraph 2 of Schedule 4 the introduction date of an assured shorthold tenancy under which the landlord was a registered social landlord or a private registered provider of social housing is— a the day on which the tenant was entitled to begin occupying the dwelling, or b if the tenancy was not made with a registered social landlord or a private registered provider of social housing, the day a registered social landlord or a private registered provider of social housing became the landlord. 6 For the purposes of paragraph 2 of Schedule 4 the introduction date— a in relation to a converted contract which, immediately before the appointed day, was an introductory tenancy, is the day which was the beginning of the trial period under section 125(2)(a) or (b) of the Housing Act 1996; b in relation to a converted contract which, immediately before the appointed day, was a starter tenancy, is the introduction date of the tenancy as determined in accordance with sub-paragraph (5). 7 Paragraph 2(5) and (6) of Schedule 4 does not apply, but— a a notice of extension given, in relation to a converted contract which was an introductory tenancy, under section 125A of the Housing Act 1996, and b a notice, given in relation to a converted contract which was a starter tenancy, extending the period at the end of which the landlord and the tenant would enter into an assured tenancy (that is not an assured shorthold tenancy), has effect as if given under paragraph 3 of Schedule 4 (and, regardless of the length of extension under a notice as described in paragraph (b), the introductory period ends 18 months after the introduction date of the starter tenancy (as determined in accordance with sub-paragraph 5)). Prohibited conduct standard contract 24 1 This Act applies to a converted contract which has effect as a prohibited conduct standard contract because of paragraph 6 as if— a the demotion order were an order under section 116 (order imposing periodic standard contract), b references to the occupation date of the contract were to the day on which the demotion order took effect, and c paragraphs 4 to 7 of Schedule 7 (changing the probation period) were omitted. 2 The “demotion order” is— a the order under section 82A of the Housing Act 1985 (c. 68) or section 6A of the Housing Act 1988 (c. 50) because of which section 20B of the Housing Act 1988 applied, or b the order under section 82A of the Housing Act 1985 because of which section 143A of the Housing Act 1996 (c. 52) applied. Supported standard contract that was an assured shorthold tenancy 24A This Act applies to a converted contract which— a immediately before the appointed day was an assured shorthold tenancy, and b took effect on conversion as a supported standard contract, as if sections 144 (mobility) and 145 (temporary exclusion) were omitted. Termination of contract by landlord 25 Sections 173 to 180 (termination by landlord's notice) are not applicable to a periodic standard contract which immediately before the appointed day was an assured tenancy but not an assured shorthold tenancy. 25A 1 This paragraph applies to a periodic standard contract which immediately before the appointed day was an assured shorthold tenancy. 2 This Act applies as if— a the reference in section 174(1) (landlord’s notice: minimum notice period) to “six months” were, in relation to a notice given under section 173 during the period of six months starting with the appointed day, a reference to “two months”, and b in section 175 (landlord's notice: notice may not be given until after first six months of occupation), the reference in subsection (1) (and the heading) to “six months” was a reference to “four months” , and c in section 175, for subsections (2) and (3) there were substituted— 2 If the converted contract is a substitute tenancy or licence, the landlord may not give notice under section 173 before the end of the period of four months starting with the day on which the contract-holder became entitled to occupy the dwelling under the original tenancy or licence. 3 For the purposes of subsection (2)— a a converted contract was a substitute tenancy or licence if— i the occupation date of the converted contract falls immediately after the end of a preceding tenancy or licence, ii immediately before the occupation date of the converted contract a tenant or licensee under the contract was a tenant or licensee under the preceding tenancy or licence, and a landlord under the converted contract was a landlord under the preceding tenancy or licence, and iii the converted contract relates to the same (or substantially the same) dwelling as the preceding tenancy or licence, and b “ original tenancy or licence ” means— i where the substitute tenancy or licence has an occupation date falling immediately after the end of a tenancy or licence which is not a substitute tenancy or licence, the tenancy or licence which preceded the substitute tenancy or licence; ii where there have been successive substitute tenancies or licences, the tenancy or licence which preceded the first of the substitute tenancies or licences. 25B 1 This paragraph applies to a fixed term standard contract which— a immediately before the appointed day was a tenancy or licence for a fixed term, and b is not within Schedule 9B. 1A The reference to a tenancy or licence for a fixed term in sub-paragraph (1)(a) does not include a reference to an assured tenancy that was not an assured shorthold tenancy. 2 The landlord may, before or on the last day of the term for which the contract was made, give the contract-holder notice that he or she must give up possession of the dwelling on a date specified in the notice. 3 The specified date may not be less than six months after— a the occupation date (see paragraph 31), or b if, immediately before the appointed day, the converted contract was a substitute tenancy or licence, the day on which the contract-holder became entitled to occupy the dwelling under the original tenancy or licence. 4 Subject to sub-paragraph (3), the specified date— a may not be before the last day of the term for which the converted contract was made, and b may not be less than two months after the day on which the notice is given to the contract-holder. 5 For the purposes of sub-paragraph (3)— a a converted contract was a substitute tenancy or licence if— i the occupation date of the converted contract falls immediately after the end of a preceding tenancy or licence, ii immediately before the occupation date of the converted contract a tenant or licensee under the contract was a tenant or licensee under the preceding tenancy or licence, and a landlord under the converted contract was a landlord under the preceding tenancy or licence, and iii the converted contract relates to the same (or substantially the same) dwelling as the preceding tenancy or licence, and b “ original tenancy or licence ” means— i where the substitute tenancy or licence has an occupation date falling immediately after the end of a tenancy or licence which is not a substitute tenancy or licence, the tenancy or licence which preceded the substitute tenancy or licence; ii where there have been successive substitute tenancies or licences, the tenancy or licence which preceded the first of the substitute tenancies or licences. 6 If the landlord gives the contract-holder a notice under sub-paragraph (2), the landlord may on that ground make a possession claim. 7 The landlord may not make a possession claim on that ground before the end of the fixed term standard contract. 8 Sub-paragraphs (2) to (7) are fundamental provisions which are incorporated as a term of all fixed term standard contracts to which this paragraph applies. 25C Where paragraph 25B applies, this Act applies as if— a references to section 186 include a reference to paragraph 25B, b references to a notice under section 186(1) include a reference to a notice under paragraph 25B(2), and c references to the ground in section 186(5) include a reference to the ground in paragraph 25B(6). 25D 1 This paragraph applies to a fixed term standard contract (other than a tenancy or licence mentioned in paragraph 26(2) or (3)) which, immediately before the appointed day, was a tenancy or licence for a fixed term containing a landlord's break clause. 2 This Act applies as if— a in section 194 (landlord's break clause)— i in subsection (1), the words “which is within subsection (1A)” were omitted, and ii subsection (1A) were omitted, b in section 195 (minimum notice period), the reference in subsection (1) to “six months” were a reference to “two months”, c in section 196 (landlord's notice: notice may not be given until after first 18 months of occupation), the reference in subsection (1) (and the heading) to “18 months” were a reference to “four months”, and d Schedule 9C were omitted. 26 1 Section 194 (landlord's break clause) does not apply to the following fixed term standard contracts (and accordingly sections 195 to 201 are not incorporated as terms of such contracts). 2 A fixed term standard contract which immediately before the appointed day was a secure tenancy for a fixed term. 3 A fixed term standard contract which— a immediately before the appointed day was an assured tenancy for a fixed term, and b is not an excluded contract. 4 A contract is an excluded contract if, immediately before the appointed day, the landlord could have made a claim for possession relying on Ground 3 or 4 of Schedule 2 to the Housing Act 1988 (c. 50). 27 Estate management Ground C (special accommodation: charities) applies to a converted contract as if the occupation contract was made on the appointed day. Termination of contract that was assured tenancy by landlord: additional absolute grounds for possession 28 1 This paragraph applies in relation to a converted contract which immediately before the appointed day was an assured tenancy. 2 The landlord may claim possession of the dwelling subject to the contract relying on Ground 1, 2 or 5 of Schedule 2 to the Housing Act 1988 (c. 50). 3 But the landlord may not do so before the end of the period of two months starting with the day on which the landlord gives the contract-holder a possession notice (in accordance with section 150) specifying that Ground. 4 Subject to section 204 (possession claims: powers of court) (which applies as if subsection (1)(a) included a reference to sub-paragraph (3)), if the court is satisfied that the Ground is made out it must make an order for possession (subject to any available defence based on the contract-holder's Convention rights). 29 1 This paragraph also applies in relation to a converted contract which immediately before the appointed day was a periodic assured tenancy . 2 The landlord may claim possession of the dwelling subject to the contract relying on Ground 7 of Schedule 2 to the Housing Act 1988 (c. 50) if— a the tenant under the assured tenancy died before the appointed day, and b before the appointed day the assured tenancy devolved, or after the appointed day the converted contract devolves, under the tenant's will or intestacy. 3 But the landlord may not do so before the end of the period of two months starting with the day on which the landlord gives the contract-holder a possession notice specifying that Ground. 4 Subject to section 204 (possession claims: powers of court) (which applies as if subsection (1)(a) included a reference to sub-paragraph (3)), if the court is satisfied that the Ground is made out it must make an order for possession (subject to any available defence based on the contract-holder's Convention rights). Implied tenancies and licences 30 1 This paragraph applies if, immediately before the appointed day, a dwelling is occupied as a home by a person who is a trespasser in relation to that dwelling. 2 Section 238 (implied tenancies and licences)— a applies to payments made by the person before the appointed day as to payments made by him or her after the appointed day, and b applies as if the end of the relevant period were the end of the period mentioned in section 238(3) or, if later, the appointed day. The occupation date 31 The occupation date, in relation to a converted contract, is the day on which the contract-holder became entitled to occupy the dwelling under the tenancy or licence which became an occupation contract on the appointed day. Substitute occupation contracts 32 1 If after a converted contract ends there are one or more substitute contracts, for the purposes of this Schedule (except paragraph 28 or where express provision is made to the contrary ), the substitute contract is (or the substitute contracts are) to be treated as if they were the same tenancy or licence as the converted contract. 2 The following are substitute contracts. 3 An occupation contract between— a a contract-holder who, immediately before the day on which the contract-holder became entitled to occupy the dwelling under that contract, was a contract-holder under a converted contract or a substitute contract, and b a landlord that immediately before that day was a landlord under the converted contract or substitute contract, which relates to the same (or substantially the same) dwelling as the converted contract or substitute contract. 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 If a converted contract or a substitute contract ends under section 12(3)(a) (standard contract adopted by community landlord), the occupation contract which arises under section 12(3)(b). 6 If a converted contract or a substitute contract is ended under section 220 (abandonment), and under section 222(3)(b) the court orders the landlord to provide suitable alternative accommodation, an occupation contract made in accordance with the order. 7 If under section 210 (estate management grounds) the court makes an order for possession of a dwelling subject to a converted contract or a substitute contract, an occupation contract made to provide the contract-holder with suitable alternative accommodation. 8 This Schedule applies to a substitute contract which— a arises under section 184(2) as if paragraph 25A(2)(a) were omitted; b is within section 184(6) as if paragraphs 25A(2)(a), 25B, 25C and 25D were omitted. Power to amend Schedule 33 The Welsh Ministers may by regulations amend this Schedule. Sch. 12 para. 32(4) omitted (14.7.2022) by virtue of The Renting Homes (Wales) Act 2016 (Amendment of Schedule 12) Regulations 2022 (S.I. 2022/795) , regs. 1(2) , 19(b) Words in s. 204(1)(a)(vi) substituted (7.6.2021) by Renting Homes (Amendment) (Wales) Act 2021 (asc 3) , s. 19(3) , Sch. 6 para. 19(c) S. 173(3) omitted (7.6.2021) by virtue of Renting Homes (Amendment) (Wales) Act 2021 (asc 3) , ss. 12(4) , 19(3) Sch. 12 para. 13B inserted (14.7.2022) by The Renting Homes (Wales) Act 2016 (Amendment of Schedule 12) Regulations 2022 (S.I. 2022/795) , regs. 1(2) , 11 Sch. 12 para. 32(8) inserted (14.7.2022) by The Renting Homes (Wales) Act 2016 (Amendment of Schedule 12) Regulations 2022 (S.I. 2022/795) , regs. 1(2) , 19(c) Words in s. 150(1) inserted (7.6.2021) by Renting Homes (Amendment) (Wales) Act 2021 (asc 3) , s. 19(3) , Sch. 6 para. 14(a) Pt. 6 Ch. 3 : power to amend conferred (1.9.2019) by Renting Homes (Fees etc.) (Wales) Act 2019 (anaw 2) , s. 30(2) , Sch. 1 para. 11 (with s. 29 ); S.I. 2019/1150 , art. 2(c) S. 194(1A) inserted (7.6.2021) by Renting Homes (Amendment) (Wales) Act 2021 (asc 3) , ss. 11(1)(b) , 19(3) Sch. 3 para. 10(2) in force at 5.8.2016 for specified purposes by S.I. 2016/813 , art. 2(a) , Sch. Pt. 1 Words in Sch. 1 Pt. 2 substituted (7.6.2021) by Renting Homes (Amendment) (Wales) Act 2021 (asc 3) , s. 19(3) , Sch. 6 para. 22(2)(b)(i) Sch. 9A para. 3(1) inserted (1.12.2022) by The Renting Homes (Wales) Act 2016 (Amendment of Schedule 9A) Regulations 2022 (S.I. 2022/143) , regs. 1 , 5(4)(b) (as amended by S.I. 2022/906 , arts. 1(2) , 8 ) Words in s. 147 substituted (7.6.2021) by Renting Homes (Amendment) (Wales) Act 2021 (asc 3) , s. 19(3) , Sch. 6 para. 13 Words in Sch. 12 para. 15(1) inserted (14.7.2022) by The Renting Homes (Wales) Act 2016 (Amendment of Schedule 12) Regulations 2022 (S.I. 2022/795) , regs. 1(2) , 12(a) Words in Sch. 12 para. 32(3)(a) substituted (14.7.2022) by The Renting Homes (Wales) Act 2016 (Amendment of Schedule 12) Regulations 2022 (S.I. 2022/795) , regs. 1(2) , 19(a)(i) Sch. 12 para. 25A(2)(c) and word inserted (14.7.2022) by The Renting Homes (Wales) Act 2016 (Amendment of Schedule 12) Regulations 2022 (S.I. 2022/795) , regs. 1(2) , 15(b) S. 133(3) inserted (7.6.2021) by Renting Homes (Amendment) (Wales) Act 2021 (asc 3) , ss. 13(3) , 19(3) Words in s. 128(1) substituted (7.6.2021) by Renting Homes (Amendment) (Wales) Act 2021 (asc 3) , s. 19(3) , Sch. 6 para. 11 Words in s. 175(2) substituted (7.6.2021) by Renting Homes (Amendment) (Wales) Act 2021 (asc 3) , ss. 4(1)(b) , 19(3) S. 195A inserted (7.6.2021) by Renting Homes (Amendment) (Wales) Act 2021 (asc 3) , ss. 2(3) , 19(3) S. 125(1)(b) omitted (7.6.2021) by virtue of Renting Homes (Amendment) (Wales) Act 2021 (asc 3) , ss. 12(2)(a)(ii) , 19(3) S. 22(3) omitted (7.6.2021) by virtue of Renting Homes (Amendment) (Wales) Act 2021 (asc 3) , s. 19(3) , Sch. 6 para. 3 Words in s. 201(3) substituted (7.6.2021) by Renting Homes (Amendment) (Wales) Act 2021 (asc 3) , ss. 8(3) , 19(3) Sch. 7 para. 5(7)(8) in force at 5.8.2016 for specified purposes by S.I. 2016/813 , art. 2(a) , Sch. Pt. 1 S. 186A inserted (7.6.2021) by Renting Homes (Amendment) (Wales) Act 2021 (asc 3) , ss. 6(3) , 19(3) Words in s. 204(1)(a)(xii) substituted (7.6.2021) by Renting Homes (Amendment) (Wales) Act 2021 (asc 3) , s. 19(3) , Sch. 6 para. 19(e) Words in s. 181(1) substituted (7.6.2021) by Renting Homes (Amendment) (Wales) Act 2021 (asc 3) , s. 19(3) , Sch. 6 para. 16 S. 131 in force at 5.8.2016 for specified purposes by S.I. 2016/813 , art. 2(a) , Sch. Pt. 1 S. 174(2) substituted (7.6.2021) by Renting Homes (Amendment) (Wales) Act 2021 (asc 3) , ss. 1(2)(b) , 19(3) Words in s. 242 omitted (7.6.2021) by virtue of Renting Homes (Amendment) (Wales) Act 2021 (asc 3) , s. 19(3) , Sch. 5 para. 5(1) Words in s. 196(4) omitted (7.6.2021) by virtue of Renting Homes (Amendment) (Wales) Act 2021 (asc 3) , s. 19(3) , Sch. 6 para. 18 Words in Sch. 12 para. 4(2) substituted (14.7.2022) by The Renting Homes (Wales) Act 2016 (Amendment of Schedule 12) Regulations 2022 (S.I. 2022/795) , regs. 1(2) , 6(b) S. 20(3)(k)-(o) omitted (7.6.2021) by virtue of Renting Homes (Amendment) (Wales) Act 2021 (asc 3) , s. 19(3) , Sch. 6 para. 2(a) Words in Sch. 12 para. 4(1) substituted (14.7.2022) by The Renting Homes (Wales) Act 2016 (Amendment of Schedule 12) Regulations 2022 (S.I. 2022/795) , regs. 1(2) , 6(a)(ii) Sch. 12 para. 6A inserted (14.7.2022) by The Renting Homes (Wales) Act 2016 (Amendment of Schedule 12) Regulations 2022 (S.I. 2022/795) , regs. 1(2) , 8 S. 94 in force at 5.8.2016 for specified purposes by S.I. 2016/813 , art. 2(a) , Sch. Pt. 1 Sch. 2 para. 7(3)(d) omitted (7.6.2021) by virtue of Renting Homes (Amendment) (Wales) Act 2021 (asc 3) , s. 19(3) , Sch. 5 para. 5(2) Sch. 12 paras. 25B , 25C inserted (7.6.2021) by Renting Homes (Amendment) (Wales) Act 2021 (asc 3) , s. 19(3) , Sch. 6 para. 27(6) S. 256(4)(ma)-(mc) inserted (7.6.2021) by Renting Homes (Amendment) (Wales) Act 2021 (asc 3) , s. 19(3) , Sch. 6 para. 21(c) Words in s. 186(8) substituted (7.6.2021) by Renting Homes (Amendment) (Wales) Act 2021 (asc 3) , ss. 10(1)(e) , 19(3) Sch. 12 para. 23(6) substituted (14.7.2022) by The Renting Homes (Wales) Act 2016 (Amendment of Schedule 12) Regulations 2022 (S.I. 2022/795) , regs. 1(2) , 13(b) Sch. 9B inserted (7.6.2021) by Renting Homes (Amendment) (Wales) Act 2021 (asc 3) , s. 19(3) , Sch. 3 S. 39(4) (5) substituted for s. 39(4) (7.6.2021) by Renting Homes (Amendment) (Wales) Act 2021 (asc 3) , s. 19(3) , Sch. 6 para. 6 S. 256(4)(la) inserted (7.6.2021) by Renting Homes (Amendment) (Wales) Act 2021 (asc 3) , s. 19(3) , Sch. 6 para. 21(b)(ii) S. 29 in force at 5.8.2016 for specified purposes by S.I. 2016/813 , art. 2(a) , Sch. Pt. 1 Words in s. 204(1)(a)(vii) substituted (7.6.2021) by Renting Homes (Amendment) (Wales) Act 2021 (asc 3) , s. 19(3) , Sch. 6 para. 19(d) Words in Sch. 12 para. 1(1) inserted (14.7.2022) by The Renting Homes (Wales) Act 2016 (Amendment of Schedule 12) Regulations 2022 (S.I. 2022/795) , regs. 1(2) , 3 Words in s. 186 heading inserted (7.6.2021) by Renting Homes (Amendment) (Wales) Act 2021 (asc 3) , ss. 10(2) , 19(3) Words in Sch. 1 Pt. 3 substituted (7.6.2021) by Renting Homes (Amendment) (Wales) Act 2021 (asc 3) , s. 19(3) , Sch. 6 para. 22(3)(b)(ii) Sch. 9A paras. 5A-5C and cross-heading inserted (1.12.2022) by The Renting Homes (Wales) Act 2016 (Amendment of Schedule 9A) Regulations 2022 (S.I. 2022/143) , regs. 1 , 4 (as amended by S.I. 2022/906 , arts. 1(2) , 8 ) S. 195(2) substituted (7.6.2021) by Renting Homes (Amendment) (Wales) Act 2021 (asc 3) , ss. 2(2)(b) , 19(3) S. 177 substituted (7.6.2021) by Renting Homes (Amendment) (Wales) Act 2021 (asc 3) , ss. 7 , 19(3) Words in Sch. 7 para. 4(7) omitted (7.6.2021) by virtue of Renting Homes (Amendment) (Wales) Act 2021 (asc 3) , s. 19(3) , Sch. 6 para. 25(3) Words in Sch. 9 heading substituted (7.6.2021) by Renting Homes (Amendment) (Wales) Act 2021 (asc 3) , s. 19(3) , Sch. 6 para. 26(4)(b) Words in s. 194(1) inserted (7.6.2021) by Renting Homes (Amendment) (Wales) Act 2021 (asc 3) , ss. 11(1)(a) , 19(3) Sch. 12 para. 5 substituted (14.7.2022) by The Renting Homes (Wales) Act 2016 (Amendment of Schedule 12) Regulations 2022 (S.I. 2022/795) , regs. 1(2) , 7 Words in s. 196(1) substituted (7.6.2021) by Renting Homes (Amendment) (Wales) Act 2021 (asc 3) , ss. 5(1)(a) , 19(3) Word in Sch. 9 heading omitted (7.6.2021) by virtue of Renting Homes (Amendment) (Wales) Act 2021 (asc 3) , s. 19(3) , Sch. 6 para. 26(4)(a) Sch. 2 para. 15(10) in force at 5.8.2016 for specified purposes by S.I. 2016/813 , art. 2(a) , Sch. Pt. 1 Sch. 12 para. 2(2A) inserted (14.7.2022) by The Renting Homes (Wales) Act 2016 (Amendment of Schedule 12) Regulations 2022 (S.I. 2022/795) , regs. 1(2) , 4(a) Words in Sch. 1 Pt. 3 substituted (7.6.2021) by Renting Homes (Amendment) (Wales) Act 2021 (asc 3) , s. 19(3) , Sch. 6 para. 22(3)(b)(i) S. 32(4) in force at 5.8.2016 for specified purposes by S.I. 2016/813 , art. 2(a) , Sch. Pt. 1 Word in s. 246(1) omitted (7.6.2021) by virtue of Renting Homes (Amendment) (Wales) Act 2021 (asc 3) , s. 19(3) , Sch. 5 para. 7 S. 256(4)(da) (db) inserted (7.6.2021) by Renting Homes (Amendment) (Wales) Act 2021 (asc 3) , s. 19(3) , Sch. 6 para. 21(b)(i) Sch. 9A para. 2 renumbered as Sch. 9A para. 2(2) (1.12.2022) by The Renting Homes (Wales) Act 2016 (Amendment of Schedule 9A) Regulations 2022 (S.I. 2022/143) , regs. 1 , 5(3)(a) (as amended by S.I. 2022/906 , arts. 1(2) , 8 ) S. 176 substituted (7.6.2021) by Renting Homes (Amendment) (Wales) Act 2021 (asc 3) , ss. 6(2) , 19(3) S. 20(3)(q) and word inserted (7.6.2021) by Renting Homes (Amendment) (Wales) Act 2021 (asc 3) , s. 19(3) , Sch. 6 para. 2(b) S. 127(2)(i) and word omitted (7.6.2021) by virtue of Renting Homes (Amendment) (Wales) Act 2021 (asc 3) , s. 19(3) , Sch. 6 para. 10(b) Sch. 3 para. 15(3)(4) in force at 5.8.2016 for specified purposes by S.I. 2016/813 , art. 2(a) , Sch. Pt. 1 Words in Sch. 12 para. 29(1) substituted (14.7.2022) by The Renting Homes (Wales) Act 2016 (Amendment of Schedule 12) Regulations 2022 (S.I. 2022/795) , regs. 1(2) , 18 Words in Sch. 2 para. 8(1)(c) substituted (26.1.2019) by Abolition of the Right to Buy and Associated Rights (Wales) Act 2018 (anaw 1) , s. 11(3) (4) , Sch. 1 para. 9(2) ; S.I. 2018/100 , art. 2(b) (with art. 3 ) (with savings in S.I. 2019/110 , reg. 5) Sch. 12 para. 13A and heading inserted (14.7.2022) by The Renting Homes (Wales) Act 2016 (Amendment of Schedule 12) Regulations 2022 (S.I. 2022/795) , regs. 1(2) , 10 S. 121(3) inserted (7.6.2021) by Renting Homes (Amendment) (Wales) Act 2021 (asc 3) , ss. 13(2) , 19(3) S. 45(3) in force at 5.8.2016 for specified purposes by S.I. 2016/813 , art. 2(a) , Sch. Pt. 1 Sch. 12 para. 15(2) in force at 5.8.2016 for specified purposes by S.I. 2016/813 , art. 2(a) , Sch. Pt. 1 S. 183(2) substituted (7.6.2021) by Renting Homes (Amendment) (Wales) Act 2021 (asc 3) , s. 19(3) , Sch. 6 para. 17(b) Sch. 12 para. 33 in force at 5.8.2016 for specified purposes by S.I. 2016/813 , art. 2(a) , Sch. Pt. 1 Sch. 12 para. 23(7) substituted (14.7.2022) by The Renting Homes (Wales) Act 2016 (Amendment of Schedule 12) Regulations 2022 (S.I. 2022/795) , regs. 1(2) , 13(c) Words in s. 108(3)(a)(ii) omitted (7.6.2021) by virtue of Renting Homes (Amendment) (Wales) Act 2021 (asc 3) , s. 19(3) , Sch. 5 para. 2(2) S. 125(1)(a) omitted (7.6.2021) by virtue of Renting Homes (Amendment) (Wales) Act 2021 (asc 3) , ss. 12(2)(a)(ii) , 19(3) Sch. 3 para. 17 in force at 5.8.2016 for specified purposes by S.I. 2016/813 , art. 2(a) , Sch. Pt. 1 S. 203(5) (6) in force at 5.8.2016 for specified purposes by S.I. 2016/813 , art. 2(a) , Sch. Pt. 1 Words in Sch. 12 para. 23(3) inserted (7.6.2021) by Renting Homes (Amendment) (Wales) Act 2021 (asc 3) , s. 19(3) , Sch. 6 para. 27(4) S. 183(1)(c) and word inserted (7.6.2021) by Renting Homes (Amendment) (Wales) Act 2021 (asc 3) , s. 19(3) , Sch. 6 para. 17(a)(ii) Words in s. 186(1) inserted (7.6.2021) by Renting Homes (Amendment) (Wales) Act 2021 (asc 3) , ss. 10(1)(a) , 19(3) S. 236(3) (4) in force at 5.8.2016 for specified purposes by S.I. 2016/813 , art. 2(a) , Sch. Pt. 1 Words in s. 256(2) substituted (7.6.2021) by Renting Homes (Amendment) (Wales) Act 2021 (asc 3) , s. 19(3) , Sch. 6 para. 21(a) S. 197 substituted (7.6.2021) by Renting Homes (Amendment) (Wales) Act 2021 (asc 3) , ss. 6(4) , 19(3) Words in Sch. 1 Pt. 3 substituted (7.6.2021) by Renting Homes (Amendment) (Wales) Act 2021 (asc 3) , s. 19(3) , Sch. 6 para. 22(3)(a) Words in s. 135(6) omitted (7.6.2021) by virtue of Renting Homes (Amendment) (Wales) Act 2021 (asc 3) , s. 19(3) , Sch. 6 para. 12(b) Sch. 5 para. 1(6) in force at 5.8.2016 for specified purposes by S.I. 2016/813 , art. 2(a) , Sch. Pt. 1 Word in s. 122(1)(a) substituted (7.6.2021) by Renting Homes (Amendment) (Wales) Act 2021 (asc 3) , s. 19(3) , Sch. 6 para. 9 Sch. 2 para. 17 in force at 5.8.2016 for specified purposes by S.I. 2016/813 , art. 2(a) , Sch. Pt. 1 Words in s. 37(2)(b) substituted (7.6.2021) by Renting Homes (Amendment) (Wales) Act 2021 (asc 3) , s. 19(3) , Sch. 6 para. 5 Sch. 12 para. 2A inserted (14.7.2022) by The Renting Homes (Wales) Act 2016 (Amendment of Schedule 12) Regulations 2022 (S.I. 2022/795) , regs. 1(2) , 5 Words in s. 33(2) omitted (7.6.2021) by virtue of Renting Homes (Amendment) (Wales) Act 2021 (asc 3) , s. 19(3) , Sch. 5 para. 3 Words in s. 137(7) substituted (7.6.2021) by Renting Homes (Amendment) (Wales) Act 2021 (asc 3) , s. 19(3) , Sch. 5 para. 4(c) Words in s. 125(1) substituted (7.6.2021) by Renting Homes (Amendment) (Wales) Act 2021 (asc 3) , ss. 12(2)(a)(i) , 19(3) Words in Sch. 12 para. 4(1) inserted (14.7.2022) by The Renting Homes (Wales) Act 2016 (Amendment of Schedule 12) Regulations 2022 (S.I. 2022/795) , regs. 1(2) , 6(a)(i) S. 204(1)(a)(xv) inserted (7.6.2021) by Renting Homes (Amendment) (Wales) Act 2021 (asc 3) , s. 19(3) , Sch. 6 para. 19(g) S. 127(2)(k) and word inserted (7.6.2021) by Renting Homes (Amendment) (Wales) Act 2021 (asc 3) , s. 19(3) , Sch. 6 para. 10(c) Sch. 12 para. 15(3) substituted (14.7.2022) by The Renting Homes (Wales) Act 2016 (Amendment of Schedule 12) Regulations 2022 (S.I. 2022/795) , regs. 1(2) , 12(b) S. 196 heading substituted (7.6.2021) by virtue of Renting Homes (Amendment) (Wales) Act 2021 (asc 3) , ss. 5(2) , 19(3) Words in Sch. 12 para. 25A(2)(b) substituted (14.7.2022) by The Renting Homes (Wales) Act 2016 (Amendment of Schedule 12) Regulations 2022 (S.I. 2022/795) , regs. 1(2) , 15(a)(i) Words in s. 20(2)(b) omitted (7.6.2021) by virtue of Renting Homes (Amendment) (Wales) Act 2021 (asc 3) , s. 19(3) , Sch. 5 para. 2(1)(b) S. 112 in force at 5.8.2016 for specified purposes by S.I. 2016/813 , art. 2(a) , Sch. Pt. 1 Word in Sch. 9 shoulder note omitted (7.6.2021) by virtue of Renting Homes (Amendment) (Wales) Act 2021 (asc 3) , s. 19(3) , Sch. 6 para. 26(5) Words in s. 110(7) substituted (7.6.2021) by Renting Homes (Amendment) (Wales) Act 2021 (asc 3) , s. 19(3) , Sch. 5 para. 4(a) Words in s. 175(4) omitted (7.6.2021) by virtue of Renting Homes (Amendment) (Wales) Act 2021 (asc 3) , s. 19(3) , Sch. 6 para. 15 Sch. 12 para. 24A and heading inserted (14.7.2022) by The Renting Homes (Wales) Act 2016 (Amendment of Schedule 12) Regulations 2022 (S.I. 2022/795) , regs. 1(2) , 14 S. 196(3) omitted (7.6.2021) by virtue of Renting Homes (Amendment) (Wales) Act 2021 (asc 3) , ss. 5(1)(b) , 19(3) Words in s. 135(3)(a)(ii) omitted (7.6.2021) by virtue of Renting Homes (Amendment) (Wales) Act 2021 (asc 3) , s. 19(3) , Sch. 5 para. 2(4) Sch. 4 para. 4(7)(8) in force at 5.8.2016 for specified purposes by S.I. 2016/813 , art. 2(a) , Sch. Pt. 1 Word in Sch. 12 para. 32(3)(b) substituted (14.7.2022) by The Renting Homes (Wales) Act 2016 (Amendment of Schedule 12) Regulations 2022 (S.I. 2022/795) , regs. 1(2) , 19(a)(ii) S. 135(2)(i)(j) omitted (7.6.2021) by virtue of Renting Homes (Amendment) (Wales) Act 2021 (asc 3) , s. 19(3) , Sch. 6 para. 12(a)(i) S. 116(4) in force at 5.8.2016 for specified purposes by S.I. 2016/813 , art. 2(b) , Sch. Pt. 2 Sch. 9A para. 3A and cross-heading inserted (1.12.2022) by The Renting Homes (Wales) Act 2016 (Amendment of Schedule 9A) Regulations 2022 (S.I. 2022/143) , regs. 1 , 3 (as amended by S.I. 2022/906 , arts. 1(2) , 8 ) Sch. 9A para. 2(1) inserted (1.12.2022) by The Renting Homes (Wales) Act 2016 (Amendment of Schedule 9A) Regulations 2022 (S.I. 2022/143) , regs. 1 , 5(3)(b) (as amended by S.I. 2022/906 , arts. 1(2) , 8 ) Words in s. 127(2)(b) omitted (7.6.2021) by virtue of Renting Homes (Amendment) (Wales) Act 2021 (asc 3) , s. 19(3) , Sch. 6 para. 10(a) Words in s. 204(1)(a) substituted (7.6.2021) by Renting Homes (Amendment) (Wales) Act 2021 (asc 3) , s. 19(3) , Sch. 6 para. 19(a) Sch. 12 para. 2(5) (6) inserted (14.7.2022) by The Renting Homes (Wales) Act 2016 (Amendment of Schedule 12) Regulations 2022 (S.I. 2022/795) , regs. 1(2) , 4(b) Sch. 8A inserted (7.6.2021) by Renting Homes (Amendment) (Wales) Act 2021 (asc 3) , s. 19(3) , Sch. 1 Sch. 12 para. 25A inserted (7.6.2021) by Renting Homes (Amendment) (Wales) Act 2021 (asc 3) , s. 19(3) , Sch. 6 para. 27(5) Words in Sch. 9A para. 7(1) inserted (1.12.2022) by The Renting Homes (Wales) Act 2016 (Amendment of Schedule 9A) Regulations 2022 (S.I. 2022/143) , regs. 1 , 5(6) (as amended by S.I. 2022/906 , arts. 1(2) , 8 ) Pt. 7 Ch. 3 : power to amend conferred (1.9.2019) by Renting Homes (Fees etc.) (Wales) Act 2019 (anaw 2) , s. 30(2) , Sch. 1 para. 11 (with s. 29 ); S.I. 2019/1150 , art. 2(c) Words in Sch. 7 para. 2(8) substituted (7.6.2021) by Renting Homes (Amendment) (Wales) Act 2021 (asc 3) , s. 19(3) , Sch. 6 para. 25(2) Sch. 12 para. 12A inserted (7.6.2021) by Renting Homes (Amendment) (Wales) Act 2021 (asc 3) , s. 19(3) , Sch. 6 para. 27(3) S. 196(2) omitted (7.6.2021) by virtue of Renting Homes (Amendment) (Wales) Act 2021 (asc 3) , ss. 5(1)(b) , 19(3) Words in Sch. 4 para. 3(7) omitted (7.6.2021) by virtue of Renting Homes (Amendment) (Wales) Act 2021 (asc 3) , s. 19(3) , Sch. 6 para. 24 S. 186(4) omitted (7.6.2021) by virtue of Renting Homes (Amendment) (Wales) Act 2021 (asc 3) , ss. 10(1)(d) , 19(3) S. 126 omitted (7.6.2021) by virtue of Renting Homes (Amendment) (Wales) Act 2021 (asc 3) , ss. 12(3) , 19(3) Words in s. 65(3)(a) substituted (7.6.2021) by Renting Homes (Amendment) (Wales) Act 2021 (asc 3) , s. 19(3) , Sch. 6 para. 8 Words in s. 127(3)(a)(ii) omitted (7.6.2021) by virtue of Renting Homes (Amendment) (Wales) Act 2021 (asc 3) , s. 19(3) , Sch. 5 para. 2(3) Words in s. 129(7) substituted (7.6.2021) by Renting Homes (Amendment) (Wales) Act 2021 (asc 3) , s. 19(3) , Sch. 5 para. 4(b) Sch. 12 para. 25D inserted (7.6.2021) by Renting Homes (Amendment) (Wales) Act 2021 (asc 3) , s. 19(3) , Sch. 6 para. 27(7) S. 135(2)(k) substituted (7.6.2021) by Renting Homes (Amendment) (Wales) Act 2021 (asc 3) , s. 19(3) , Sch. 6 para. 12(a)(ii) Sch. 9 para. 5 omitted (7.6.2021) by virtue of Renting Homes (Amendment) (Wales) Act 2021 (asc 3) , s. 19(3) , Sch. 5 para. 9(2) Words in Sch. 12 para. 25A(2)(b) substituted (14.7.2022) by The Renting Homes (Wales) Act 2016 (Amendment of Schedule 12) Regulations 2022 (S.I. 2022/795) , regs. 1(2) , 15(a)(ii) Words in s. 20(1)(b) omitted (7.6.2021) by virtue of Renting Homes (Amendment) (Wales) Act 2021 (asc 3) , s. 19(3) , Sch. 5 para. 2(1)(a) Sch. 12 para. 25B(1A) inserted (14.7.2022) by The Renting Homes (Wales) Act 2016 (Amendment of Schedule 12) Regulations 2022 (S.I. 2022/795) , regs. 1(2) , 16 Words in Sch. 1 Pt. 2 omitted (7.6.2021) by virtue of Renting Homes (Amendment) (Wales) Act 2021 (asc 3) , s. 19(3) , Sch. 6 para. 22(2)(a)(ii) Words in Sch. 9 para. 3 substituted (7.6.2021) by Renting Homes (Amendment) (Wales) Act 2021 (asc 3) , s. 19(3) , Sch. 6 para. 26(2) S. 177A inserted (7.6.2021) by Renting Homes (Amendment) (Wales) Act 2021 (asc 3) , ss. 9(2) , 19(3) Sch. 9A para. 3 renumbered as Sch. 9A para. 3(2) (1.12.2022) by The Renting Homes (Wales) Act 2016 (Amendment of Schedule 9A) Regulations 2022 (S.I. 2022/143) , regs. 1 , 5(4)(a) (as amended by S.I. 2022/906 , arts. 1(2) , 8 ) Sch. 9A inserted (7.6.2021) by Renting Homes (Amendment) (Wales) Act 2021 (asc 3) , s. 19(3) , Sch. 2 Sch. 9A para. 4(6) inserted (1.12.2022) by The Renting Homes (Wales) Act 2016 (Amendment of Schedule 9A) Regulations 2022 (S.I. 2022/143) , regs. 1 , 5(5) (as amended by S.I. 2022/906 , arts. 1(2) , 8 ) Words in s. 255(2) omitted (7.6.2021) by virtue of Renting Homes (Amendment) (Wales) Act 2021 (asc 3) , s. 19(3) , Sch. 5 para. 8 Words in s. 175(1) substituted (7.6.2021) by Renting Homes (Amendment) (Wales) Act 2021 (asc 3) , ss. 4(1)(a) , 19(3) S. 34(6) inserted (7.6.2021) by Renting Homes (Amendment) (Wales) Act 2021 (asc 3) , s. 19(3) , Sch. 6 para. 4 S. 256(4)(ga) inserted (7.6.2021) by Renting Homes (Amendment) (Wales) Act 2021 (asc 3) , s. 19(3) , Sch. 5 para. 6(2) S. 198 substituted (7.6.2021) by Renting Homes (Amendment) (Wales) Act 2021 (asc 3) , ss. 9(3) , 19(3) S. 204(1)(a)(i) omitted (7.6.2021) by virtue of Renting Homes (Amendment) (Wales) Act 2021 (asc 3) , s. 19(3) , Sch. 6 para. 19(b) Sub-provision number "(1)" in Sch. 12 para. 12A omitted (14.7.2022) by virtue of The Renting Homes (Wales) Act 2016 (Amendment of Schedule 12) Regulations 2022 (S.I. 2022/795) , regs. 1(2) , 9 Word in s. 183(1) omitted (7.6.2021) by virtue of Renting Homes (Amendment) (Wales) Act 2021 (asc 3) , s. 19(3) , Sch. 6 para. 17(a)(i) Words in Sch. 3 para. 10(1) substituted (7.6.2021) by Renting Homes (Amendment) (Wales) Act 2021 (asc 3) , s. 19(3) , Sch. 5 para. 10 S. 174A inserted (7.6.2021) by Renting Homes (Amendment) (Wales) Act 2021 (asc 3) , ss. 1(3) , 19(3) Words in s. 180(3) substituted (7.6.2021) by Renting Homes (Amendment) (Wales) Act 2021 (asc 3) , ss. 8(2) , 19(3) S. 45 modified (1.9.2019) by Renting Homes (Fees etc.) (Wales) Act 2019 (anaw 2) , s. 30(2) , Sch. 2 para. 6 (with s. 29 ); S.I. 2019/1150 , art. 2(d) S. 175 heading substituted (7.6.2021) by virtue of Renting Homes (Amendment) (Wales) Act 2021 (asc 3) , ss. 4(2) , 19(3) Words in s. 195(1) substituted (7.6.2021) by Renting Homes (Amendment) (Wales) Act 2021 (asc 3) , ss. 2(2)(a) , 19(3) S. 239A inserted (7.6.2021) by Renting Homes (Amendment) (Wales) Act 2021 (asc 3) , s. 19(3) , Sch. 5 para. 6(1) Words in Sch. 12 para. 25D(1) inserted (14.7.2022) by The Renting Homes (Wales) Act 2016 (Amendment of Schedule 12) Regulations 2022 (S.I. 2022/795) , regs. 1(2) , 17 Words in Sch. 1 Pt. 2 substituted (7.6.2021) by Renting Homes (Amendment) (Wales) Act 2021 (asc 3) , s. 19(3) , Sch. 6 para. 22(2)(b)(ii) Word in s. 204(1)(a)(xiii) omitted (7.6.2021) by virtue of Renting Homes (Amendment) (Wales) Act 2021 (asc 3) , s. 19(3) , Sch. 6 para. 19(f) S. 146(1) in force at 5.8.2016 for specified purposes by S.I. 2016/813 , art. 2(b) , Sch. Pt. 2 S. 221 in force at 5.8.2016 for specified purposes by S.I. 2016/813 , art. 2(a) , Sch. Pt. 1 S. 186(2) omitted (7.6.2021) by virtue of Renting Homes (Amendment) (Wales) Act 2021 (asc 3) , ss. 10(1)(b) , 19(3) Word in Sch. 1 Pt. 2 substituted (7.6.2021) by Renting Homes (Amendment) (Wales) Act 2021 (asc 3) , s. 19(3) , Sch. 6 para. 22(2)(a)(i) Sch. 9C inserted (7.6.2021) by Renting Homes (Amendment) (Wales) Act 2021 (asc 3) , s. 19(3) , Sch. 4 Sch. 12 para. 23(3)(c) substituted (14.7.2022) by The Renting Homes (Wales) Act 2016 (Amendment of Schedule 12) Regulations 2022 (S.I. 2022/795) , regs. 1(2) , 13(a) Word in s. 186(3) substituted (7.6.2021) by Renting Homes (Amendment) (Wales) Act 2021 (asc 3) , ss. 10(1)(c) , 19(3) S. 150(1)(a)-(d) inserted (7.6.2021) by Renting Homes (Amendment) (Wales) Act 2021 (asc 3) , s. 19(3) , Sch. 6 para. 14(b) Words in s. 46(2) substituted (7.6.2021) by Renting Homes (Amendment) (Wales) Act 2021 (asc 3) , s. 19(3) , Sch. 6 para. 7 Words in s. 174(1) substituted (7.6.2021) by Renting Homes (Amendment) (Wales) Act 2021 (asc 3) , ss. 1(2)(a) , 19(3) S. 23 in force at 5.8.2016 for specified purposes by S.I. 2016/813 , art. 2(a) , Sch. Pt. 1 Sch. 3 para. 5 omitted (7.6.2021) by virtue of Renting Homes (Amendment) (Wales) Act 2021 (asc 3) , s. 19(3) , Sch. 5 para. 9(1) Words in s. 253 substituted (7.6.2021) by Renting Homes (Amendment) (Wales) Act 2021 (asc 3) , s. 19(3) , Sch. 6 para. 20 Words in s. 125(2) omitted (7.6.2021) by virtue of Renting Homes (Amendment) (Wales) Act 2021 (asc 3) , ss. 12(2)(b) , 19(3) Words in Sch. 12 para. 13B inserted (30.11.2022 at 11.00 p.m.) by The Renting Homes (Wales) Act 2016 (Amendment of Schedule 12 and Consequential Amendment) Regulations 2022 (S.I. 2022/1258) , regs. 1(2) , 3 Sch. 12 para. 15(1A) inserted (30.11.2022 at 11.00 p.m.) by The Renting Homes (Wales) Act 2016 (Amendment of Schedule 12 and Consequential Amendment) Regulations 2022 (S.I. 2022/1258) , regs. 1(2) , 4 Sch. 12 para. 25A(2)(a) substituted (30.11.2022 at 11.00 p.m.) by The Renting Homes (Wales) Act 2016 (Amendment of Schedule 12 and Consequential Amendment) Regulations 2022 (S.I. 2022/1258) , regs. 1(2) , 5 Ss. 95-97 applied (with modifications) (1.12.2022) by 2002 c. 15, Sch. 7 para. 3A(5) (as inserted by The Renting Homes (Wales) Act 2016 (Consequential Amendments) Regulations 2022 (S.I. 2022/1166) , regs. 1(1) , 27(2)(b) ) S. 32(1)-(3) in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 116(1)-(3) , (5) (6) in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 203(1)-(4) in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 236(1) (2) , (5)-(7) in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 2 para. 15(1)-(9) in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 4 para. 4(1)-(6) in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 5 para. 1(1)-(5) in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 7 para. 5(1)-(6) in force at 1.12.2022 by S.I. 2022/906 , art. 2 Act applied (1.12.2022) by 1988 c. 50, s. 85(3) (as inserted by The Renting Homes (Wales) Act 2016 (Consequential Amendments) Regulations 2022 (S.I. 2022/1166) , regs. 1(1) , 16(14) ) S. 39(1) excluded (1.12.2022) by 1989 c. 42, Sch. 10 para. 1A (as inserted by The Renting Homes (Wales) Act 2016 (Consequential Amendments) Regulations 2022 (S.I. 2022/1166) , regs. 1(1) , 18(5)(b) ) S. 98 modified (1.12.2022) by 2002 c. 15, Sch. 7 para. 3A(6) (as inserted by The Renting Homes (Wales) Act 2016 (Consequential Amendments) Regulations 2022 (S.I. 2022/1166) , regs. 1(1) , 27(2)(b) ) Pt. 9 excluded (1.12.2022) by 2004 c. 34, s. 33(c) (as inserted by The Renting Homes (Wales) Act 2016 (Consequential Amendments) Regulations 2022 (S.I. 2022/1166) , regs. 1(1) , 28(2)(c) ) S. 173 excluded (1.12.2022) by 2004 c. 34, s. 98A (as inserted by The Renting Homes (Wales) Act 2016 (Consequential Amendments) Regulations 2022 (S.I. 2022/1166) , regs. 1(1) , 28(6) ) S. 186 excluded (1.12.2022) by 2004 c. 34, s. 98A (as inserted by The Renting Homes (Wales) Act 2016 (Consequential Amendments) Regulations 2022 (S.I. 2022/1166) , regs. 1(1) , 28(6) ) Sch. 12 para. 25B excluded (1.12.2022) by 2004 c. 34, s. 98A (as inserted by The Renting Homes (Wales) Act 2016 (Consequential Amendments) Regulations 2022 (S.I. 2022/1166) , regs. 1(1) , 28(6) ) S. 194 excluded (1.12.2022) by 2004 c. 34, s. 98A (as inserted by The Renting Homes (Wales) Act 2016 (Consequential Amendments) Regulations 2022 (S.I. 2022/1166) , regs. 1(1) , 28(6) ) S. 206(1) applied (1.12.2022) by The Renting Homes (Wales) Act 2016 (Saving and Transitional Provisions) Regulations 2022 (S.I. 2022/1172) , regs. 1(2) , 2(4) , 3(4) , 4(2) , 5(2) (with reg. 19 ) S. 45 modified (1.12.2022) by The Renting Homes (Wales) Act 2016 (Saving and Transitional Provisions) Regulations 2022 (S.I. 2022/1172) , regs. 1(2) , 8 (with reg. 19 ) S. 46 modified (1.12.2022) by The Renting Homes (Wales) Act 2016 (Saving and Transitional Provisions) Regulations 2022 (S.I. 2022/1172) , regs. 1(2) , 8 (with reg. 19 ) Sch. 5 modified (1.12.2022) by The Renting Homes (Wales) Act 2016 (Saving and Transitional Provisions) Regulations 2022 (S.I. 2022/1172) , regs. 1(2) , 8 (with reg. 19 ) Sch. 9A para. 4 modified (1.12.2022) by The Renting Homes (Wales) Act 2016 (Saving and Transitional Provisions) Regulations 2022 (S.I. 2022/1172) , regs. 1(2) , 8 (with reg. 19 ) Sch. 2 para. 12 modified (1.12.2022) by The Renting Homes (Wales) Act 2016 (Saving and Transitional Provisions) Regulations 2022 (S.I. 2022/1172) , regs. 1(2) , 16 (with reg. 19 ) Sch. 12 para. 15(1) , (1A) applied (1.12.2022) by The Renting Homes (Wales) Act 2016 (Saving and Transitional Provisions) Regulations 2022 (S.I. 2022/1172) , regs. 1(2) , 10(6) (with reg. 19 ) (as substituted by S.I. 2022/1258 , regs. 1(2) , 6 ) S. 1 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 2 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 3 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 4 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 5 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 6 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 7 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 8 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 9 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 10 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 11 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 12 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 13 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 14 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 15 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 16 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 17 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 18 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 19 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 20 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 21 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 22 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 23 in force at 1.12.2022 in so far as not already in force by S.I. 2022/906 , art. 2 S. 24 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 25 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 26 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 27 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 28 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 29 in force at 1.12.2022 in so far as not already in force by S.I. 2022/906 , art. 2 S. 30 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 31 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 32(4) in force at 1.12.2022 in so far as not already in force by S.I. 2022/906 , art. 2 S. 33 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 34 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 35 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 36 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 37 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 38 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 39 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 40 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 41 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 42 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 43 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 44 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 45(1) (2) (4) in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 45(3) in force at 1.12.2022 in so far as not already in force by S.I. 2022/906 , art. 2 S. 46 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 47 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 48 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 49 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 50 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 51 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 52 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 53 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 54 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 55 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 56 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 57 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 58 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 59 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 60 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 61 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 62 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 63 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 64 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 65 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 66 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 67 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 68 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 69 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 70 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 71 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 72 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 73 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 74 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 75 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 76 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 77 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 78 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 79 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 80 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 81 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 82 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 83 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 84 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 85 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 86 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 87 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 88 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 89 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 90 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 91 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 92 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 93 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 94 in force at 1.12.2022 in so far as not already in force by S.I. 2022/906 , art. 2 S. 95 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 96 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 97 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 98 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 99 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 100 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 101 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 102 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 103 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 104 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 105 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 106 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 107 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 108 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 109 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 110 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 111 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 112 in force at 1.12.2022 in so far as not already in force by S.I. 2022/906 , art. 2 S. 113 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 114 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 115 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 116(4) in force at 1.12.2022 in so far as not already in force by S.I. 2022/906 , art. 2 S. 117 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 118 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 119 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 120 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 121 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 122 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 123 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 124 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 125 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 127 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 128 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 129 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 130 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 131 in force at 1.12.2022 in so far as not already in force by S.I. 2022/906 , art. 2 S. 132 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 133 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 134 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 135 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 136 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 137 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 138 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 139 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 140 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 141 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 142 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 143 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 144 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 145 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 146(1) in force at 1.12.2022 in so far as not already in force by S.I. 2022/906 , art. 2 S. 146(2) in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 147 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 148 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 149 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 150 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 151 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 152 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 153 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 154 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 155 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 156 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 157 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 158 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 159 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 160 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 161 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 162 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 163 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 164 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 165 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 166 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 167 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 168 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 169 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 170 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 171 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 172 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 173 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 174 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 174A in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 175 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 176 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 177 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 177A in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 178 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 179 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 180 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 181 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 182 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 183 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 184 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 185 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 186 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 186A in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 187 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 188 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 189 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 190 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 191 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 192 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 193 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 194 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 195 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 195A in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 196 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 197 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 198 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 199 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 200 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 201 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 202 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 203(5) (6) in force at 1.12.2022 in so far as not already in force by S.I. 2022/906 , art. 2 S. 204 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 205 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 206 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 207 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 208 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 209 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 210 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 211 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 212 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 213 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 214 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 215 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 216 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 217 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 218 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 219 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 220 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 221 in force at 1.12.2022 in so far as not already in force by S.I. 2022/906 , art. 2 S. 222 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 223 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 224 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 225 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 226 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 227 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 228 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 229 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 230 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 231 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 232 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 233 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 234 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 235 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 236(3) (4) in force at 1.12.2022 in so far as not already in force by S.I. 2022/906 , art. 2 S. 237 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 238 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 239 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 239A in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 240 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 241 in force at 1.12.2022 by S.I. 2022/906 , art. 2 S. 242 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 1 Pt. 1 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 1 Pt. 2 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 1 Pt. 3 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 2 para. 1 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 2 para. 2 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 2 para. 3 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 2 para. 4 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 2 para. 5 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 2 para. 6 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 2 para. 7 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 2 para. 8 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 2 para. 9 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 2 para. 10 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 2 para. 11 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 2 para. 12 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 2 para. 13 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 2 para. 14 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 2 para. 15(10) in force at 1.12.2022 in so far as not already in force by S.I. 2022/906 , art. 2 Sch. 2 para. 16 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 2 para. 17 in force at 1.12.2022 in so far as not already in force by S.I. 2022/906 , art. 2 Sch. 3 para. 1 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 3 para. 2 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 3 para. 3 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 3 para. 6 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 3 para. 7 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 3 para. 8 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 3 para. 9 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 3 para. 10(1) (3) in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 3 para. 10(2) in force at 1.12.2022 in so far as not already in force by S.I. 2022/906 , art. 2 Sch. 3 para. 11 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 3 para. 12 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 3 para. 13 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 3 para. 14 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 3 para. 15(1) (2) in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 3 para. 15(3) (4) in force at 1.12.2022 in so far as not already in force by S.I. 2022/906 , art. 2 Sch. 3 para. 16 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 3 para. 17 in force at 1.12.2022 in so far as not already in force by S.I. 2022/906 , art. 2 Sch. 4 para. 1 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 4 para. 2 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 4 para. 3 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 4 para. 4(7) (8) in force at 1.12.2022 in so far as not already in force by S.I. 2022/906 , art. 2 Sch. 4 para. 5 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 4 para. 6 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 4 para. 7 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 4 para. 8 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 4 para. 9 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 5 para. 1(6) in force at 1.12.2022 in so far as not already in force by S.I. 2022/906 , art. 2 Sch. 5 para. 2 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 5 para. 3 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 5 para. 4 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 5 para. 5 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 6 para. 1 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 6 para. 2 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 6 para. 3 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 6 para. 4 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 6 para. 5 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 6 para. 6 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 6 para. 7 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 6 para. 8 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 6 para. 9 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 6 para. 10 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 6 para. 11 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 6 para. 12 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 6 para. 13 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 6 para. 14 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 7 para. 1 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 7 para. 2 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 7 para. 3 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 7 para. 4 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 7 para. 5(7) (8) in force at 1.12.2022 in so far as not already in force by S.I. 2022/906 , art. 2 Sch. 7 para. 6 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 7 para. 7 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 7 para. 8 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 8 para. 1 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 8 para. 2 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 8 para. 3 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 8 para. 4 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 8 para. 5 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 8 para. 6 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 8 para. 7 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 8 para. 8 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 8 para. 9 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 8 para. 10 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 8 para. 11 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 8 para. 12 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 8 para. 13 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 8 para. 14 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 8 para. 15 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 8 para. 16 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 8A para. 1 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 8A para. 2 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 8A para. 3 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 8A para. 4 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 8A para. 6 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 8A para. 7 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 8A para. 8 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 8A para. 9 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 8A para. 10 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 8A para. 11 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 8A para. 12 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 8A para. 13 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 9 para. 1 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 9 para. 2 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 9 para. 3 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 9 para. 6 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 9 para. 7 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 9 para. 8 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 9 para. 9 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 9 para. 10 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 9 para. 11 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 9 para. 12 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 9 para. 13 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 9A para. 1 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 9A para. 2 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 9A para. 3 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 9A para. 3A in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 9A para. 4 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 9A para. 5 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 9A para. 5A in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 9A para. 5B in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 9A para. 5C in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 9A para. 6 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 9A para. 7 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 9A para. 8 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 9B para. 1 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 9B para. 2 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 9B para. 4 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 9B para. 5 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 9B para. 6 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 9B para. 7 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 9B para. 8 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 9B para. 9 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 9B para. 10 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 9B para. 11 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 9C para. 1 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 9C para. 2 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 9C para. 4 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 9C para. 5 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 9C para. 6 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 9C para. 7 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 9C para. 8 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 9C para. 9 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 9C para. 10 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 9C para. 11 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 10 para. 1 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 10 para. 2 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 10 para. 3 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 10 para. 4 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 10 para. 5 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 10 para. 6 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 10 para. 7 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 10 para. 8 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 10 para. 9 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 10 para. 10 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 10 para. 11 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 10 para. 12 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 10 para. 13 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 10 para. 14 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 11 para. 1 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 11 para. 2 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 11 para. 3 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 11 para. 4 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 11 para. 5 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 11 para. 6 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 12 para. 1 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 12 para. 2 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 12 para. 2A in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 12 para. 3 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 12 para. 4 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 12 para. 5 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 12 para. 6 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 12 para. 6A in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 12 para. 7 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 12 para. 8 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 12 para. 9 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 12 para. 10 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 12 para. 11 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 12 para. 12 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 12 para. 12A in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 12 para. 13 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 12 para. 13A in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 12 para. 13B in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 12 para. 14 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 12 para. 15(1) (3) in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 12 para. 15(2) in force at 1.12.2022 in so far as not already in force by S.I. 2022/906 , art. 2 Sch. 12 para. 16 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 12 para. 17 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 12 para. 18 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 12 para. 19 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 12 para. 20 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 12 para. 21 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 12 para. 22 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 12 para. 23 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 12 para. 24 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 12 para. 24A in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 12 para. 25 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 12 para. 25A in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 12 para. 25B in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 12 para. 25C in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 12 para. 25D in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 12 para. 26 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 12 para. 27 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 12 para. 28 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 12 para. 29 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 12 para. 30 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 12 para. 31 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 12 para. 32 in force at 1.12.2022 by S.I. 2022/906 , art. 2 Sch. 12 para. 33 in force at 1.12.2022 in so far as not already in force by S.I. 2022/906 , art. 2 Words in Sch. 1 Pt. 1 table 3 inserted (1.12.2022) by The Renting Homes (Wales) Act 2016 (Housing Association Tenancies: Fundamental Provisions) Regulations 2022 (S.I. 2022/799) , regs. 1 , 5(6)(a) (as amended by S.I. 2022/906 , arts. 1(2) , 14 ) Words in Sch. 1 Pt. 2 table 4 inserted (1.12.2022) by The Renting Homes (Wales) Act 2016 (Housing Association Tenancies: Fundamental Provisions) Regulations 2022 (S.I. 2022/799) , regs. 1 , 5(6)(b) (as amended by S.I. 2022/906 , arts. 1(2) , 14 ) Sch. 3 para. 4 and cross-heading omitted (1.12.2022) by virtue of The Renting Homes (Wales) Act 2016 (Amendment) Regulations 2022 (S.I. 2022/803) , regs. 1(1) , 3 (as amended by S.I. 2022/906 , arts. 1(2) , 15 ) Sch. 8A para. 5 and cross-heading omitted (1.12.2022) by virtue of The Renting Homes (Wales) Act 2016 (Amendment) Regulations 2022 (S.I. 2022/803) , regs. 1(1) , 4 (as amended by S.I. 2022/906 , arts. 1(2) , 15 ) Sch. 9 para. 4 and cross-heading omitted (1.12.2022) by virtue of The Renting Homes (Wales) Act 2016 (Amendment) Regulations 2022 (S.I. 2022/803) , regs. 1(1) , 5 (as amended by S.I. 2022/906 , arts. 1(2) , 15 ) Sch. 9B para. 3 and cross-heading omitted (1.12.2022) by virtue of The Renting Homes (Wales) Act 2016 (Amendment) Regulations 2022 (S.I. 2022/803) , regs. 1(1) , 6 (as amended by S.I. 2022/906 , arts. 1(2) , 15 ) Sch. 9C para. 3 and cross-heading omitted (1.12.2022) by virtue of The Renting Homes (Wales) Act 2016 (Amendment) Regulations 2022 (S.I. 2022/803) , regs. 1(1) , 7 (as amended by S.I. 2022/906 , arts. 1(2) , 15 ) Words in s. 104(4) inserted (1.12.2022) by The Renting Homes (Wales) Act 2016 (Housing Association Tenancies: Fundamental Provisions) Regulations 2022 (S.I. 2022/799) , regs. 1 , 5(2) (as amended by S.I. 2022/906 , arts. 1(2) , 14 ) Words in s. 123(4) inserted (1.12.2022) by The Renting Homes (Wales) Act 2016 (Housing Association Tenancies: Fundamental Provisions) Regulations 2022 (S.I. 2022/799) , regs. 1 , 5(3) (as amended by S.I. 2022/906 , arts. 1(2) , 14 ) Words in s. 252 inserted (1.12.2022) by The Renting Homes (Wales) Act 2016 (Housing Association Tenancies: Fundamental Provisions) Regulations 2022 (S.I. 2022/799) , regs. 1 , 5(4) (as amended by S.I. 2022/906 , arts. 1(2) , 14 ) Words in s. 253 table 2 inserted (1.12.2022) by The Renting Homes (Wales) Act 2016 (Housing Association Tenancies: Fundamental Provisions) Regulations 2022 (S.I. 2022/799) , regs. 1 , 5(5) (as amended by S.I. 2022/906 , arts. 1(2) , 14 ) Sch. 2 para. 4(b)-(e) substituted for Sch. 2 para. 4(b)(c) (1.12.2022) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2018 (S.I. 2018/195) , regs. 2(4) , 56 ; S.I. 2022/906 , art. 2 Sch. 2 para. 7(3)(j)(k) inserted (1.12.2022) by The Renting Homes (Wales) Act 2016 (Amendment) Regulations 2022 (S.I. 2022/803) , regs. 1(1) , 2 (as amended by S.I. 2022/906 , arts. 1(2) , 15 ) Word in Sch. 12 para. 14(2) inserted (1.12.2022) by The Renting Homes (Wales) Act 2016 (Housing Association Tenancies: Fundamental Provisions) Regulations 2022 (S.I. 2022/799) , regs. 1 , 5(7)(a) (as amended by S.I. 2022/906 , arts. 1(2) , 14 ) Sch. 9A para. 1(2) : Sch. 9A para. 1 renumbered as Sch. 9A para. 1(2) (1.12.2022) by The Renting Homes (Wales) Act 2016 (Amendment of Schedule 9A) Regulations 2022 (S.I. 2022/143) , regs. 1 , 5(2)(a) (as amended by S.I. 2022/906 , arts. 1(2) , 8 ) Sch. 9A para. 1(1) inserted (1.12.2022) by The Renting Homes (Wales) Act 2016 (Amendment of Schedule 9A) Regulations 2022 (S.I. 2022/143) , regs. 1 , 5(2)(b) (as amended by S.I. 2022/906 , arts. 1(2) , 8 ) Sch. 12 para. 14(2)(b) and word inserted (1.12.2022) by The Renting Homes (Wales) Act 2016 (Housing Association Tenancies: Fundamental Provisions) Regulations 2022 (S.I. 2022/799) , regs. 1 , 5(7)(b) (as amended by S.I. 2022/906 , arts. 1(2) , 14 ) Sch. 12 para. 11A inserted (1.6.2023) by The Renting Homes (Wales) Act 2016 (Amendment of Schedule 12 and Consequential Amendment) Regulations 2023 (S.I. 2023/556) , regs. 1 , 5 Words in Sch. 12 para. 1(1) inserted (1.6.2023) by The Renting Homes (Wales) Act 2016 (Amendment of Schedule 12 and Consequential Amendment) Regulations 2023 (S.I. 2023/556) , regs. 1 , 3 Sch. 12 para. 11(1A) substituted (1.6.2023) by The Renting Homes (Wales) Act 2016 (Amendment of Schedule 12 and Consequential Amendment) Regulations 2023 (S.I. 2023/556) , regs. 1 , 4(a) Sch. 12 para. 11(3) inserted (1.6.2023) by The Renting Homes (Wales) Act 2016 (Amendment of Schedule 12 and Consequential Amendment) Regulations 2023 (S.I. 2023/556) , regs. 1 , 4(b) Words in Sch. 12 para. 12A inserted (1.6.2023) by The Renting Homes (Wales) Act 2016 (Amendment of Schedule 12 and Consequential Amendment) Regulations 2023 (S.I. 2023/556) , regs. 1 , 6(a) Words in Sch. 12 para. 12A(b) omitted (1.6.2023) by virtue of The Renting Homes (Wales) Act 2016 (Amendment of Schedule 12 and Consequential Amendment) Regulations 2023 (S.I. 2023/556) , regs. 1 , 6(b) Words in Sch. 12 para. 13(1) inserted (1.6.2023) by The Renting Homes (Wales) Act 2016 (Amendment of Schedule 12 and Consequential Amendment) Regulations 2023 (S.I. 2023/556) , regs. 1 , 7 Words in Sch. 12 para. 15(3)(b) omitted (1.6.2023) by virtue of The Renting Homes (Wales) Act 2016 (Amendment of Schedule 12 and Consequential Amendment) Regulations 2023 (S.I. 2023/556) , regs. 1 , 8 Words in Sch. 12 para. 32(1) inserted (1.6.2023) by The Renting Homes (Wales) Act 2016 (Amendment of Schedule 12 and Consequential Amendment) Regulations 2023 (S.I. 2023/556) , regs. 1 , 9 Words in s. 243(3) inserted (30.11.2023) by The Renting Homes (Wales) Act 2016 and Homelessness (Suitability of Accommodation) (Wales) Order 2015 (Amendment) Regulations 2023 (S.I. 2023/1277) , regs. 1(1) , 2(3) Sch. 2 para. 7(3)(l) inserted (30.11.2023) by The Renting Homes (Wales) Act 2016 and Homelessness (Suitability of Accommodation) (Wales) Order 2015 (Amendment) Regulations 2023 (S.I. 2023/1277) , regs. 1(1) , 2(2)(a)(i) Words in Sch. 2 para. 12(1) inserted (30.11.2023) by The Renting Homes (Wales) Act 2016 and Homelessness (Suitability of Accommodation) (Wales) Order 2015 (Amendment) Regulations 2023 (S.I. 2023/1277) , regs. 1(1) , 2(2)(b) Sch. 2 para. 10A inserted (30.11.2023) by The Renting Homes (Wales) Act 2016 and Homelessness (Suitability of Accommodation) (Wales) Order 2015 (Amendment) Regulations 2023 (S.I. 2023/1277) , regs. 1(1) , 2(2)(a)(ii) S. 9(2)(c) omitted (10.9.2025) by virtue of Legislation (Procedure, Publication and Repeals) (Wales) Act 2025 (asc 3) , s. 9(2)(d) , Sch. 1 para. 16(2) S. 243(4) omitted (10.9.2025) by virtue of Legislation (Procedure, Publication and Repeals) (Wales) Act 2025 (asc 3) , s. 9(2)(d) , Sch. 1 para. 16(3) Words in s. 253 Table 2 omitted (10.9.2025) by virtue of Legislation (Procedure, Publication and Repeals) (Wales) Act 2025 (asc 3) , s. 9(2)(d) , Sch. 1 para. 16(4) Sch. 3 para. 7(2)(c) omitted (10.9.2025) by virtue of Legislation (Procedure, Publication and Repeals) (Wales) Act 2025 (asc 3) , s. 9(2)(d) , Sch. 1 para. 16(5)
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[uk-legislation-anaw][anaw] 2025-12-01
http://www.legislation.gov.uk/anaw/2018/2/2025-09-01
http://www.legislation.gov.uk/anaw/2018/2/2025-09-01 Additional Learning Needs and Education Tribunal (Wales) Act 2018 An Act of the National Assembly for Wales to reform the law on education and training for children and young people with additional learning needs; and to continue the Special Educational Needs Tribunal for Wales and to rename it the Education Tribunal for Wales. text text/xml en Statute Law Database 2025-09-07 Expert Participation 2025-09-01 Additional Learning Needs and Education Tribunal (Wales) Act 2018 Deddf Anghenion Dysgu Ychwanegol a’r Tribiwnlys Addysg (Cymru) 2018 s. 4(3)(i) Health and Care Act 2022 Sch. 1 para. 35(b) s. 186(6) reg. 2(a) Sch. reg. 13 29 30 Additional Learning Needs and Education Tribunal (Wales) Act 2018 Deddf Anghenion Dysgu Ychwanegol a’r Tribiwnlys Addysg (Cymru) 2018 s. 65(4)(j) Health and Care Act 2022 Sch. 1 para. 36(b) s. 186(6) reg. 2(a) Sch. reg. 13 29 30 Additional Learning Needs and Education Tribunal (Wales) Act 2018 Deddf Anghenion Dysgu Ychwanegol a’r Tribiwnlys Addysg (Cymru) 2018 s. 99(1) Health and Care Act 2022 Sch. 1 para. 37(b) s. 186(6) reg. 2(a) Sch. reg. 13 29 30 Additional Learning Needs and Education Tribunal (Wales) Act 2018 Deddf Anghenion Dysgu Ychwanegol a’r Tribiwnlys Addysg (Cymru) 2018 s. 4(3)(j) Health and Care Act 2022 Sch. 4 para. 231(b) s. 186(6) reg. 2(a) Sch. reg. 13 29 30 Additional Learning Needs and Education Tribunal (Wales) Act 2018 Deddf Anghenion Dysgu Ychwanegol a’r Tribiwnlys Addysg (Cymru) 2018 s. 64(2)(c) Health and Care Act 2022 Sch. 4 para. 232(b) s. 186(6) reg. 2(a) Sch. reg. 13 29 30 Additional Learning Needs and Education Tribunal (Wales) Act 2018 Deddf Anghenion Dysgu Ychwanegol a’r Tribiwnlys Addysg (Cymru) 2018 s. 65(4)(k) Health and Care Act 2022 Sch. 4 para. 233(b) s. 186(6) reg. 2(a) Sch. reg. 13 29 30 Additional Learning Needs and Education Tribunal (Wales) Act 2018 Deddf Anghenion Dysgu Ychwanegol a’r Tribiwnlys Addysg (Cymru) 2018 s. 99(1) Health and Care Act 2022 Sch. 4 para. 234(b)(i) s. 186(6) reg. 2(a) Sch. reg. 13 29 30 Additional Learning Needs and Education Tribunal (Wales) Act 2018 Deddf Anghenion Dysgu Ychwanegol a’r Tribiwnlys Addysg (Cymru) 2018 s. 99(1) Health and Care Act 2022 Sch. 4 para. 234(b)(ii) s. 186(6) reg. 2(a) Sch. reg. 13 29 30 Additional Learning Needs and Education Tribunal (Wales) Act 2018 Deddf Anghenion Dysgu Ychwanegol a’r Tribiwnlys Addysg (Cymru) 2018 s. 4(3)(ca) (cb) Tertiary Education and Research (Wales) Act 2022 Deddf Addysg Drydyddol ac Ymchwil (Cymru) 2022 Sch. 4 para. 39(2) s. 19 s. 148(2) Additional Learning Needs and Education Tribunal (Wales) Act 2018 Deddf Anghenion Dysgu Ychwanegol a’r Tribiwnlys Addysg (Cymru) 2018 s. 5(1)(da) Tertiary Education and Research (Wales) Act 2022 Deddf Addysg Drydyddol ac Ymchwil (Cymru) 2022 Sch. 4 para. 39(3) s. 19 s. 148(2) Additional Learning Needs and Education Tribunal (Wales) Act 2018 Deddf Anghenion Dysgu Ychwanegol a’r Tribiwnlys Addysg (Cymru) 2018 s. 50(2) - (4) Tertiary Education and Research (Wales) Act 2022 Deddf Addysg Drydyddol ac Ymchwil (Cymru) 2022 Sch. 4 para. 39(4) s. 19 s. 148(2) Additional Learning Needs and Education Tribunal (Wales) Act 2018 Deddf Anghenion Dysgu Ychwanegol a’r Tribiwnlys Addysg (Cymru) 2018 s. 65(4)(da) (db) Tertiary Education and Research (Wales) Act 2022 Deddf Addysg Drydyddol ac Ymchwil (Cymru) 2022 Sch. 4 para. 39(5) s. 19 s. 148(2) Additional Learning Needs and Education Tribunal (Wales) Act 2018 Deddf Anghenion Dysgu Ychwanegol a’r Tribiwnlys Addysg (Cymru) 2018 specified provision(s) The Additional Learning Needs and Education Tribunal (Wales) Act 2018 (Commencement No. 4 and Transitional and Saving Provisions) Order 2021 (revoked) The Additional Learning Needs and Education Tribunal (Wales) Act 2018 (Commencement No. 4 and Transitional and Saving Provisions) Order 2021 Gorchymyn Deddf Anghenion Dysgu Ychwanegol a’r Tribiwnlys Addysg (Cymru) 2018 (Cychwyn Rhif 4 a Darpariaethau Trosiannol a Darpariaethau Arbed) 2021 art. 2 3 art. 4 - 9 Additional Learning Needs and Education Tribunal (Wales) Act 2018 Deddf Anghenion Dysgu Ychwanegol a’r Tribiwnlys Addysg (Cymru) 2018 specified provision(s) The Additional Learning Needs and Education Tribunal (Wales) Act 2018 (Commencement No. 3 and Transitional and Saving Provisions) Order 2021 (revoked) The Additional Learning Needs and Education Tribunal (Wales) Act 2018 (Commencement No. 3 and Transitional and Saving Provisions) Order 2021 Gorchymyn Deddf Anghenion Dysgu Ychwanegol a’r Tribiwnlys Addysg (Cymru) 2018 (Cychwyn Rhif 3 a Darpariaethau Trosiannol a Darpariaethau Arbed) 2021 art. 2 3 art. 4 - 17 Additional Learning Needs and Education Tribunal (Wales) Act 2018 Deddf Anghenion Dysgu Ychwanegol a’r Tribiwnlys Addysg (Cymru) 2018 s. 4(9) Data Protection Act 2018 Sch. 19 para. 226(3)(a) s. 117 209 210 s. 212(1) reg. 2(1)(g) Additional Learning Needs and Education Tribunal (Wales) Act 2018 Deddf Anghenion Dysgu Ychwanegol a’r Tribiwnlys Addysg (Cymru) 2018 s. 4(9A) Data Protection Act 2018 Sch. 19 para. 226(3)(b) s. 117 209 210 s. 212(1) reg. 2(1)(g) Additional Learning Needs and Education Tribunal (Wales) Act 2018 2018 anaw 2 An Act of the National Assembly for Wales to reform the law on education and training for children and young people with additional learning needs; and to continue the Special Educational Needs Tribunal for Wales and to rename it the Education Tribunal for Wales. [24 January 2018] Having been passed by the National Assembly for Wales and having received the assent of Her Majesty, it is enacted as follows: PART 1 OVERVIEW Overview of this Act 1 1 Part 2 of this Act establishes the statutory system in Wales for meeting the additional learning needs of children and young people; it contains 5 chapters. 2 Chapter 1 (sections 2 to 9)— a gives the meaning of the key terms “additional learning needs” and “additional learning provision” (sections 2 and 3); b provides for a code of practice on additional learning needs (sections 4 and 5); c makes provision about participation by children, their parents and young people in decisions, about having regard to the United Nations Convention on the Rights of the Child and to the United Nations Convention on the Rights of Persons with Disabilities, and about access to information about the additional learning needs system established by Part 2 (sections 6 to 9). 3 Chapter 2 (sections 10 to 46) provides for individual development plans for children and young people with additional learning needs. 4 Provision is made for the plans to be prepared and maintained by governing bodies of maintained schools, the governing bodies of institutions in the further education sector or local authorities; and for the governing body or authority having the duty to maintain the plan to secure the additional learning provision contained in the plan. 5 Special provision is made for plans for looked after children (sections 15 to 19) and children and young people who are subject to a detention order and placed in certain kinds of youth detention accommodation (sections 39 to 45). 6 Provision is made requiring particular health bodies— a to consider, on referral from a governing body or local authority, whether there is a relevant treatment or service they could provide that is likely to be of benefit in addressing a child's or young person's additional learning needs and, if so, to secure its provision (sections 20 and 21); b to appoint a designated education clinical lead officer (section 61); c to notify parents and local authorities where they form the opinion that a child under compulsory school age has, or probably has, additional learning needs (section 64). 7 Chapter 3 (sections 47 to 67) makes further provision for and in connection with functions related to meeting additional learning needs, including— a a duty on local authorities to favour education in mainstream maintained schools for children with additional learning needs (section 51); b provision changing the registration system for independent schools to require the Welsh Ministers to publish a list of the registered schools which indicates the type or types of additional learning provision that an independent school makes (section 54); c provision limiting the power of local authorities to secure additional learning provision for children or young people at independent schools to registered independent schools (section 55); d a duty on the Welsh Ministers to establish and maintain a list of independent special post-16 institutions and a provision limiting the power of local authorities to secure additional learning provision at such institutions to those on the list (section 56); e a duty on governing bodies of maintained schools and institutions in the further education sector to appoint additional learning needs co-ordinators (section 60); f a duty on health bodies, local authorities, maintained schools and other bodies to provide information and other help to local authorities that request it (section 65). 8 Chapter 4 (sections 68 to 81) makes provision about avoiding and resolving disagreements; it provides for— a local authority arrangements for the avoidance and resolution of disagreements (section 68); b independent advocacy services (section 69); c rights of appeal to the Education Tribunal for Wales in respect of decisions as to whether or not a child or young person has additional learning needs, the contents of individual development plans and other decisions relating to plans (sections 70 and 72). 9 Chapter 5 (section 82 to 90) makes general provision, including— a a power for the Welsh Ministers to make regulations about the disclosure and use of information (section 82); b a duty on the Welsh Ministers to make regulations for the purpose of giving effect to Part 2 in a case where a parent of a child, or a young person, lacks capacity (section 83); c provision for the disapplication of certain duties to inform or notify a child or to take action following a request by a child where the child lacks capacity and does not have a case friend (section 84); d provision about case friends for children who lack capacity (section 85). 10 Part 3 (sections 91 to 94) continues the Special Educational Needs Tribunal for Wales and renames it the Education Tribunal for Wales. 11 In addition to the jurisdiction set out in Chapter 4, the Education Tribunal has jurisdiction in relation to disability discrimination in schools (for provision about this, see section 116 of the Equality Act 2010 (c. 15) and Schedule 17 to that Act). 12 Part 4 (sections 95 to 101) makes provision about the meaning of “in the area” of a local authority for the purposes of the Education Acts (section 95) and makes general provision, including provisions about interpretation that apply for the purposes of the Act (section 99). PART 2 ADDITIONAL LEARNING NEEDS CHAPTER 1 KEY TERMS, CODE AND PARTICIPATION Key terms Additional learning needs 2 1 A person has additional learning needs if he or she has a learning difficulty or disability (whether the learning difficulty or disability arises from a medical condition or otherwise) which calls for additional learning provision. 2 A child of compulsory school age or person over that age has a learning difficulty or disability if he or she— a has a significantly greater difficulty in learning than the majority of others of the same age, or b has a disability for the purposes of the Equality Act 2010 (c. 15) which prevents or hinders him or her from making use of facilities for education or training of a kind generally provided for others of the same age in mainstream maintained schools or mainstream institutions in the further education sector. 3 A child under compulsory school age has a learning difficulty or disability if he or she is, or would be if no additional learning provision were made, likely to be within subsection (2) when of compulsory school age. 4 A person does not have a learning difficulty or disability solely because the language (or form of language) in which he or she is or will be taught is different from a language (or form of language) which is or has been used at home. 5 This section applies for the purposes of this Act. Additional learning provision 3 1 “Additional learning provision” for a person aged three or over means educational or training provision that is additional to, or different from, that made generally for others of the same age in— a mainstream maintained schools in Wales, b mainstream institutions in the further education sector in Wales, or c places in Wales at which nursery education is provided. 2 “Additional learning provision” for a child aged under three means educational provision of any kind. 3 In subsection (1), “ nursery education ” means education suitable for a child who has attained the age of three but is under compulsory school age. 4 Regulations may amend this section to replace the references to the age of three with references to a different age. 5 This section applies for the purposes of this Act. Code of practice Additional learning needs code 4 1 The Welsh Ministers must issue, and may from time to time revise, a code on additional learning needs (“ the code ”). 2 The code may include guidance about the exercise of functions under this Part and about any other matter connected with identifying and meeting additional learning needs. 3 The following persons must, when exercising functions under this Part, have regard to any relevant guidance contained in the code— a a local authority in Wales or England; b the governing body of a maintained school in Wales or England; c the governing body of an institution in the further education sector in Wales or England; d the proprietor of an Academy; e a youth offending team for an area in Wales or England; f a person in charge of relevant youth accommodation in Wales or England; g a Local Health Board; h an NHS trust; i NHS England; j an integrated care board; k an NHS foundation trust; l a Special Health Authority. 4 For provision about local authorities requiring certain providers of nursery education to have regard to guidance contained in the code, see section 153 of the Education Act 2002 (c. 32). 5 The code may impose requirements— a on a local authority in respect of arrangements it must make under sections 9 (advice and information), 68 (avoidance and resolution of disagreements) and 69 (independent advocacy services); b on a governing body of a maintained school in Wales or an institution in the further education sector in Wales or a local authority in respect of— i decisions as to whether a child or young person has additional learning needs, ii the preparation, content, form, review and revision of individual development plans, or iii ceasing to maintain individual development plans; c on a governing body of a maintained school in Wales or an institution in the further education sector in Wales in respect of the provision of information for the purposes of this Part. 6 The code must include the following requirements on governing bodies and local authorities— a a requirement under subsection (5)(b)(i) for the notification of a decision that a child or young person does not have additional learning needs to be given in accordance with section 11(4), 13(3), 18(3) or 40(4) before the end of a period of time specified in the code, subject to any exceptions to the requirement specified in the code; b a requirement under subsection (5)(b)(ii) to prepare an individual development plan and give a copy of it in accordance with section 22 or 40(5) before the end of a period of time specified in the code, subject to any exceptions to the requirement specified in the code; c a requirement under subsection (5)(b)(ii) to use the appropriate standard form set out in the code for an individual development plan; and the code must include one or more standard forms for this purpose. 7 The code may make— a different provision for different purposes or cases, and b transitory, transitional or saving provision, in relation to a requirement imposed under subsection (5) or provision made under section 7(4) or 8(4). 8 The duty imposed by subsection (3) and a duty imposed under subsection (5) also apply to a person exercising a function for the purpose of the discharge of functions under this Part by the persons mentioned in subsection (3). 9 The power to impose requirements under subsection (5)(c) does not include the power to impose requirements in respect of the disclosure of personal data to a person who is not the data subject, except for cases where the person is the parent of a child and the data subject is the child; ... 9A In subsection (9)— “ data subject ” (“ testun y data ”) has the meaning given by section 3(5) of the Data Protection Act 2018; “ personal data ” (“ data personol ”) has the same meaning as in Parts 5 to 7 of that Act (see section 3(2) and (14) of that Act). 10 The Education Tribunal for Wales must have regard to any provision of the code that appears to it to be relevant to a question arising on an appeal under this Part. 11 The Welsh Ministers must publish the code for the time being in force on their website. Procedure for making the code 5 1 Before issuing or revising a code under section 4, the Welsh Ministers must consult the following persons on a draft of the code— a each local authority; b the governing body of each maintained school in Wales; c the governing body of each institution in the further education sector in Wales; d Her Majesty's Chief Inspector of Education and Training in Wales; e the Children's Commissioner for Wales; f the Welsh Language Commissioner; g the relevant committee of the National Assembly for Wales with remit for the education of children and young persons; h any other person the Welsh Ministers consider appropriate. 2 If the Welsh Ministers wish to proceed with the draft (with or without modifications) they must lay a copy of the draft before the National Assembly for Wales. 3 The Welsh Ministers must not issue a code unless a draft of it is approved by a resolution of the National Assembly for Wales. 4 If the National Assembly for Wales resolves to approve a draft of the code— a the Welsh Ministers must issue the code in the form of the draft, and b the code comes into force on a day appointed by the Welsh Ministers in an order made by statutory instrument. 5 An order under subsection (4)(b) may— a appoint different days for different purposes; b make transitory, transitional or saving provision in connection with the coming into force of a provision in the code. 6 References in this section to a code include a revised code. 7 The requirement to consult imposed by subsection (1) may be satisfied by consultation undertaken before the coming into force of this Part. Participation, United Nations conventions and access to information Duty to involve and support children, their parents and young people 6 A person exercising functions under this Part in relation to a child or young person must have regard— a to the views, wishes and feelings of the child and the child's parent or the young person, b to the importance of the child and the child's parent or the young person participating as fully as possible in decisions relating to the exercise of the function concerned, and c to the importance of the child and the child's parent or the young person being provided with the information and support necessary to enable participation in those decisions. Duty to have regard to the United Nations Convention on the Rights of the Child 7 1 A relevant body exercising functions under this Part in relation to a child or young person must have due regard to Part 1 of the United Nations Convention on the Rights of the Child adopted and opened for signature, ratification and accession by General Assembly resolution 44/25 of 20 November 1989 (“ the Convention ”). 2 For the purposes of subsection (1), Part 1 of the Convention is to be treated as having effect— a as set out for the time being in Part 1 of the Schedule to the Rights of Children and Young Persons (Wales) Measure 2011 (nawm 2), but b subject to any declaration or reservation as set out for the time being in Part 3 of that Schedule. 3 Subsection (1) does not require specific consideration of the Convention on each occasion that a function is exercised.' 4 A code issued under section 4 may make provision setting out what is required to discharge the duty in subsection (1); and subsection (1) is to be interpreted in accordance with any such provision. 5 In subsection (1), “ relevant body ” means— a a local authority; b an NHS body. Duty to have regard to the United Nations Convention on the Rights of Persons with Disabilities 8 1 A relevant body exercising functions under this Part in relation to a disabled child or young person must have due regard to the United Nations Convention on the Rights of Persons with Disabilities and its optional protocol adopted on 13 December 2006 by General Assembly resolution A/RES/61/106 and opened for signature on 30 March 2007 (“ the Convention ”). 2 The Convention is to be treated as having effect subject to any declaration or reservation made by the United Kingdom Government upon ratification, save where the declaration or reservation has subsequently been withdrawn. 3 Subsection (1) does not require specific consideration of the Convention on each occasion that a function is exercised. 4 A code issued under section 4 may make provision setting out what is required to discharge the duty in subsection (1); and subsection (1) is to be interpreted in accordance with any such provision. 5 In subsection (1), “ relevant body ” means— a a local authority; b an NHS body. Advice and information 9 1 A local authority must make arrangements to provide people with information and advice about additional learning needs and the system for which provision is made by this Part. 2 In making arrangements under subsection (1), a local authority must have regard to the principle that information and advice provided under the arrangements must be provided in an impartial manner. 3 A local authority must take reasonable steps to make the arrangements made under this section, sections 68 (avoidance and resolution of disagreements) and 69 (independent advocacy services) known to— a children and young people in its area, b parents of children in its area, c children it looks after who are outside its area, d governing bodies of maintained schools in its area, e governing bodies of institutions in the further education sector in its area, f case friends of children in its area, and g any other persons it considers appropriate. 4 Where the governing body of a maintained school is informed of arrangements under subsection (3), it must take reasonable steps to make the arrangements known to— a its pupils and their parents, and b case friends of its pupils. 5 Where the governing body of an institution in the further education sector is informed of arrangements under subsection (3), it must take reasonable steps to make the arrangements known to its students. CHAPTER 2 INDIVIDUAL DEVELOPMENT PLANS Preparing and maintaining individual development plans Individual development plans 10 For the purposes of this Act, an individual development plan is a document that contains— a a description of a person's additional learning needs; b a description of the additional learning provision which the person's learning difficulty or disability calls for; c anything else required or authorised by or under this Part. Duty to decide: maintained schools and further education institutions 11 1 Where it is brought to the attention of, or otherwise appears to, the governing body of a maintained school in Wales that a child or young person who is a registered pupil at the school may have additional learning needs, it must decide whether the child or young person has additional learning needs, unless any of the circumstances in subsection (3) apply. 2 Where it is brought to the attention of, or otherwise appears to the governing body of an institution in the further education sector in Wales that a young person enrolled as a student at the institution may have additional learning needs, it must decide whether the young person has additional learning needs, unless any of the circumstances in subsection (3) apply. 3 The circumstances are— a an individual development plan is being maintained for the child or young person under this Part; b the governing body has previously decided whether the child or young person has additional learning needs and the governing body is satisfied that— i the child's or young person's needs have not changed materially since that decision was made, and ii there is no new information that materially affects that decision; c the decision is about a young person and the young person does not consent to the decision being made; d the child or young person is a registered pupil or an enrolled student at another institution (that institution being a school or an institution in the further education sector) and a local authority is responsible for him or her; e a local authority in England maintains an EHC plan for the child or young person. 4 If the governing body decides that the child or young person does not have additional learning needs it must notify the child or young person and, in the case of a child, the child's parent of— a the decision, and b the reasons for the decision. 5 This section does not apply to a child who is looked after by a local authority (see section 17 (duty to refer a matter to an authority that looks after a child)), unless the child is in the area of a local authority in England. Duties to prepare and maintain plans: maintained schools and further education institutions 12 1 If a governing body decides under section 11 that a child or young person has additional learning needs, it must— a prepare an individual development plan for him or her, unless any of the circumstances in subsection (2) apply, and b maintain the plan, unless the circumstances in paragraph (b) or (d) of subsection (2) apply. 2 The circumstances are— a the governing body considers that the child or young person has additional learning needs— i that may call for additional learning provision it would not be reasonable for the governing body to secure, ii the extent or nature of which the governing body cannot adequately determine, or iii for which the governing body cannot adequately determine additional learning provision, and the governing body refers the child's or young person's case to the local authority responsible for the child or young person to decide under section 13(1); b the plan is about a young person and the young person does not consent to the plan being prepared or maintained; c the governing body requests a local authority in England to secure an assessment under section 36(1) of the Children and Families Act 2014 (c. 6) and, by virtue of the request or otherwise, the authority is responsible for the child or young person (within the meaning given by section 24(1) of that Act); d a local authority in England maintains an EHC plan for the child or young person. 3 Where a governing body of a maintained school has been directed to prepare and maintain, or to maintain, an individual development plan for a person under section 14(2)(b), 14(4) or 27(6)(a), the governing body must prepare and maintain, or maintain, the plan (as the case may be), unless the circumstances in paragraph (b) or (d) of subsection (2) apply. 4 Where a governing body of an institution in the further education sector has agreed to a request under section 36(2) to become responsible for maintaining an individual development plan for a young person, or where the Welsh Ministers have determined under section 36(4) that the governing body should maintain the plan, the governing body must maintain the plan unless the circumstances in paragraph (b) or (d) of subsection (2) apply. 5 If, following a request under subsection (2)(c), the governing body is notified by the local authority in England that it is not required to secure an EHC plan for the child or young person, the governing body must prepare and maintain an individual development plan for the child or young person, unless the circumstances in paragraph (b) or (d) of subsection (2) apply. 6 A governing body that prepares or maintains an individual development plan for a child or young person must— a consider whether additional learning provision should be provided to the child or young person in Welsh, and b if it decides that a particular kind of additional learning provision should be provided in Welsh, specify in the plan that it should be provided in Welsh. 7 A governing body must— a secure the additional learning provision described in an individual development plan it maintains under this Part, and b if the plan specifies that a particular kind of additional learning provision should be provided in Welsh, take all reasonable steps to secure that it is provided to the child or young person in Welsh. Duty to decide: local authorities 13 1 Where it is brought to the attention of, or otherwise appears to, a local authority that a child or a young person for whom it is responsible may have additional learning needs, the authority must decide whether the child or young person has additional learning needs, unless any of the circumstances in subsection (2) apply. 2 The circumstances are— a an individual development plan is being maintained for the child or young person under this Part; b the local authority has previously decided whether the child or young person has additional learning needs and it is satisfied that— i the child's or young person's needs have not changed materially since that decision was made, and ii there is no new information that materially affects that decision; c section 11(1) applies and the local authority is satisfied that the question of whether or not the child or young person has additional learning needs is being decided under that section; d the decision is about a young person and the young person does not consent to the decision being made; e the decision is about a young person who— i is an enrolled student at an institution in the further education sector in Wales, and ii is not also enrolled as a student at another institution in the further education sector or a registered pupil at a school, and no request in respect of the young person has been made to the local authority under section 12(2)(a). 3 If the local authority decides that the child or young person does not have additional learning needs it must notify the child or young person and, in the case of a child, the child's parent of— a the decision, and b the reasons for the decision. 4 This section does not apply to a child who is looked after by a local authority (see sections 17 (duty to refer a matter to an authority that looks after a child) and 18 (duty to decide whether a looked after child has additional learning needs)). Duties to prepare and maintain plans: local authorities 14 1 The duty in subsection (2) applies if a local authority is responsible for a child or young person and— a in the case of a child the local authority decides under section 13 that the child has additional learning needs, b in the case of a young person who is a registered pupil at a maintained school in Wales or enrolled as a student at an institution in the further education sector in Wales, the local authority decides under section 13 that the young person has additional learning needs, or c in the case of any other young person, the local authority— i decides under section 13 that the young person has additional learning needs, and ii decides in accordance with regulations under section 46 that it is necessary to prepare and maintain a plan under this section for the young person to meet his or her reasonable needs for education or training. 2 The local authority must— a prepare and maintain an individual development plan for that child or young person, or b if the child or young person is, or is to be, a registered pupil at a maintained school in Wales and the authority considers it appropriate— i prepare an individual development plan and direct the governing body of the school to maintain the plan, or ii direct the governing body of the school to prepare and maintain a plan. 3 But the duty in subsection (2) does not apply if the plan is about a young person and the young person does not consent to the plan being prepared or maintained. 4 A local authority that maintains an individual development plan for a child or young person who is a registered pupil at a maintained school in Wales may direct the governing body of the school to maintain the plan. 5 A local authority that prepares or maintains an individual development plan for a child or young person, or reconsiders a plan under section 27, must— a consider whether additional learning provision should be provided to the child or young person in Welsh, and b if it decides that a particular kind of additional learning provision should be provided in Welsh, specify in the plan that it should be provided in Welsh. 6 If the reasonable needs of a child or young person for additional learning provision cannot be met unless a local authority also secures provision of the kind mentioned in subsection (7), the authority must include a description of that other provision in the plan. 7 The kinds of provision are— a a place at a particular school or other institution; b board and lodging. 8 The duty in subsection (6)— a does not apply to a place at a particular school or other institution that is not a maintained school in Wales if the person or body responsible for admissions to the school or other institution does not consent; b is subject to the duties in sections 55, 56(3) and 59. 9 If the duty in subsection (6) applies to a local authority, it may not give a direction under subsection (2)(b) or (4). 9A If the additional learning provision described in an individual development plan includes provision of the kind mentioned in section 41(1) of the Curriculum and Assessment (Wales) Act 2021, a local authority may not give directions to the governing body of a school under subsection (2)(b) or (4) in relation to the plan. 10 Where a local authority maintains an individual development plan for a child or a young person, the authority must— a secure the additional learning provision described in the plan, b secure any other provision described in the plan in accordance with subsection (6), and c if the plan specifies that a particular kind of additional learning provision should be provided in Welsh, take all reasonable steps to secure that it is provided to the child or young person in Welsh. Additional learning provision for looked after children Key terms 15 1 A child is looked after by a local authority if he or she— a is not over compulsory school age and is looked after by a local authority for the purposes of Part 6 of the Social Services and Well-being (Wales) Act 2014 (anaw 4) (“ the 2014 Act ”), and b is not a detained person. 2 Regulations may prescribe categories of looked after child who are not to be treated as looked after by a local authority for the purposes of this Act. 3 “ Independent reviewing officer ” means the officer appointed under section 99 of the 2014 Act for a child's case. 4 “ Personal education plan ” means the plan that is included in the care and support plan maintained for a looked after child under section 83(2A) of the 2014 Act. 5 This section applies for the purposes of this Act. Amendments to the Social Services and Well-being (Wales) Act 2014 16 1 Section 83 of the Social Services and Well-being (Wales) Act 2014 (anaw 4) (care and support plans) is amended as follows. 2 After subsection (2) insert— 2A A care and support plan for a child must include a record of the arrangements made to meet the child's needs in relation to education and training (a “personal education plan”). 2B But subsection (2A) does not apply to a child if he or she is within a category of looked after child prescribed in regulations, for whom no personal education plan is to be prepared. 2C If— a a child has additional learning needs, and b the child's care and support plan includes a personal education plan, any individual development plan maintained for the child under section 19 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018 must be incorporated within the personal education plan. 2D For the purposes of subsection (2C)— a a “ child ” means a person not over compulsory school age (within the meaning given by section 8 of the Education Act 1996 (c. 56)); b “ additional learning needs ” has the meaning given by section 2 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018. 3 In subsection (3), for “under review the plans that it maintains under this section” substitute “ a care and support plan under review ” . 4 In subsection (4), for “plan”, the first time it appears, substitute “ care and support plan ” . 5 In subsection (5)— a at the beginning, insert “ Subject to the provisions of Part 2 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018, ” ; b in paragraph (a), for “plans under this section” substitute “ care and support plans ” ; c in paragraph (b), for “plan is to contain” substitute “ care and support plan is to contain (including what a personal education plan is to contain) ” ; d in paragraph (c), for “plans” substitute “ care and support plans ” . 6 In subsection (7), for “a plan under this section” substitute “ a care and support plan ” . 7 In subsection (8), in paragraph (a), for “a plan under this section” substitute “ a care and support plan ” . 8 In subsection (9), for “plan maintained under this section” substitute “ care and support plan ” . 9 After subsection (9) insert— 10 References in subsections (2A) to (9) to a care and support plan are to be interpreted as references to a care and support plan prepared or maintained under this section. Duty to refer a matter to a local authority that looks after a child 17 1 Subsection (2) applies where— a it is brought to the attention of or otherwise appears to a governing body of a maintained school in Wales that a looked after child who is a registered pupil at the school may have additional learning needs, or b it is brought to the attention of or otherwise appears to a local authority that a child for whom it is responsible, but who is looked after by another local authority, may have additional learning needs. 2 The governing body or local authority must refer the matter to the local authority that looks after the child. Duty to decide whether a looked after child has additional learning needs 18 1 Where it is brought to the attention of, or otherwise appears to, a local authority that looks after a child that the child may have additional learning needs, it must decide whether the child has additional learning needs, unless any of the circumstances in subsection (2) apply. 2 The circumstances are— a an individual development plan is being maintained for the child under section 19; b the local authority has previously decided whether the child has additional learning needs and the local authority is satisfied that— i the child's needs have not changed materially since that decision was made, and ii there is no new information that materially affects that decision; c the child is in the area of a local authority in England. 3 If the local authority decides that the looked after child does not have additional learning needs it must notify the child, the child's parent and the child's independent reviewing officer of— a the decision, and b the reasons for the decision. Duties to prepare and maintain plans for looked after children 19 1 The duty in subsection (2) applies ifa local authority that looks after a child has decided under section 18 that a looked after child has additional learning needs. 2 The local authority must prepare and maintain an individual development plan for the child if the child is in the area of a local authority in Wales. 3 A local authority that prepares or maintains an individual development plan for a child it looks after must— a consider whether additional learning provision should be provided to the child in Welsh, and b if it decides that a particular kind of additional learning provision should be provided in Welsh, specify in the individual development plan that it should be provided in Welsh. 4 If the reasonable needs of the child for additional learning provision cannot be met unless the local authority also secures provision of the kind mentioned in subsection (5), the authority must include a description of that other provision in the individual development plan. 5 The kinds of provision are— a a place at a particular school or other institution; b board and lodging. 6 The duty in subsection (4)— a does not apply to a place at a particular school or other institution that is not a maintained school in Wales if the person or body responsible for admissions to the school or other institution does not consent; b is subject to the duties in sections 55, 56(3) and 59. 7 Where a local authority that looks after a child maintains an individual development plan for the child, the authority must— a secure the additional learning provision described in the plan, b secure any other provision described in the plan in accordance with subsection (4), and c if the plan specifies that a particular kind of additional learning provision should be provided in Welsh, take all reasonable steps to secure that it is provided to the child in Welsh. 8 See section 35 for provision about the transfer of duties to maintain individual development plans for children who already have plans when they become looked after. Additional learning provision and NHS bodies Additional learning provision: Local Health Boards and NHS trusts 20 1 The bodies specified in subsection (2) may refer a matter to an NHS body, asking it to consider whether there is any relevant treatment or service that is likely to be of benefit in addressing the additional learning needs of a child or young person. 2 The bodies are— a where the referral would relate to a child, or to a young person who is a registered pupil at a maintained school, a local authority; b where the referral would relate to a young person who is not a registered pupil at a maintained school, the body that prepares or maintains an individual development plan for the young person. 3 But a body may not make a referral under subsection (1) unless— a it has informed the child or young person and, in the case of a child, the child's parent, that it intends to make the referral, b it has given the child or young person and, in the case of a child, the child's parent, an opportunity to discuss whether the referral should be made, and c it is satisfied that making the referral is in the best interests of the child or young person. 4 If a matter is referred to an NHS body under this section, the NHS body must consider whether there is a relevant treatment or service that is likely to be of benefit in addressing the child's or young person's additional learning needs. 5 If the NHS body identifies such a treatment or service, it must— a secure the treatment or service for the child or young person, b decide whether the treatment or service should be provided to the child or young person in Welsh, and c if it decides that the treatment or service should be provided to the child or young person in Welsh, take all reasonable steps to secure that the treatment or service is provided in Welsh. 6 In this section, and in section 21, “ relevant treatment or service ” means any treatment or service that an NHS body would normally provide as part of the comprehensive health service in Wales continued under section 1(1) of the National Health Service (Wales) Act 2006 (c. 42). Individual development plans: Local Health Boards and NHS trusts 21 1 If an NHS body identifies a relevant treatment or service that is likely to be of benefit in addressing a child's or young person's additional learning needs following a referral under section 20 it must— a inform the body that made the referral of that treatment or service, b if the referral was not made by a body that maintains an individual development plan for the child or young person, inform the body that maintains the individual development plan of that treatment or service, and c if it considers that the treatment or service should be provided to the child or young person in Welsh, inform the persons mentioned in paragraphs (a) and (b) that the treatment or service should be provided in Welsh. 2 If an NHS body does not identify a relevant treatment or service that is likely to be of benefit in addressing a child's or young person's additional learning needs following a referral under section 20 it must— a inform the body that made the referral of that fact, and b if the referral was not made by a body that maintains an individual development plan for the child or young person, inform the body that maintains the individual development plan of that fact. 3 If an NHS body informs a body that maintains an individual development plan for a child or young person that there is a relevant treatment or service likely to be of benefit in addressing a child's or young person's additional learning needs, the body that maintains the plan must describe the treatment or service in the plan, specifying that it is additional learning provision to be secured by the NHS body. 4 If an NHS body informs a body that maintains an individual development plan for a child or young person that a relevant treatment or service should be provided to a child or young person in Welsh, the body that maintains the plan must specify in the plan that the treatment or service is additional learning provision that should be provided in Welsh. 5 If an individual development plan specifies under this section that additional learning provision is to be secured by an NHS body, the following duties do not apply to that additional learning provision— a the duty of a governing body to secure provision under section 12(7) (including the duty to take reasonable steps to secure provision in Welsh); b the duty of a local authority to secure provision under section 14(10)(a) and the duty to take reasonable steps to secure provision in Welsh under section 14(10)(c); c the duty of a local authority to secure provision under section 19(7)(a) and the duty to take reasonable steps to secure provision in Welsh under section 19(7)(c). 6 The description of the additional learning provision specified in a plan under this section as provision an NHS body is to secure may only be removed or changed on review of a plan in accordance with section 23 or 24 and with the agreement or at the request of the NHS body. 7 If, on review of a plan, the NHS body requests a governing body or a local authority that maintains an individual development plan for a child or young person to remove or change the description of the additional learning provision specified in the plan under this section as provision the NHS body is to secure, the governing body or local authority must comply with the request. 8 Nothing in this section affects the power of the Education Tribunal for Wales to make an order under this Part. 9 If the Education Tribunal for Wales orders the revision of an individual development plan in relation to additional learning provision specified under this section as provision an NHS body is to secure, an NHS body is not required to secure the revised additional learning provision unless it agrees to do so. 10 Regulations must provide that where an NHS body is under a duty to inform under subsection (1) or (2), it must comply with that duty within a prescribed period, unless a prescribed exception applies. Information about plans Provision of information about individual development plans 22 1 If a governing body or a local authority prepares an individual development plan for a child or young person, it must give a copy of the plan— a to the child or young person, and b if the plan is for a child, to the child's parent. 2 If a governing body or a local authority becomes responsible for maintaining an individual development plan that was previously being maintained for a child or young person by another body, the governing body or local authority must— a inform the child or young person that it has become responsible for maintaining the plan, and b if the plan is for a child, inform the child's parent. 3 If a local authority prepares an individual development plan for a looked after child or becomes responsible for maintaining an individual development plan for a looked after child that was previously being maintained for the child by another body, it must also give a copy of the plan to the child's independent reviewing officer. Review of plans Review and revision of individual development plans 23 1 A governing body or a local authority required to maintain an individual development plan must review it before the end of each review period. 2 The first review period is a period of 12 months starting with the date on which a copy of the plan is given under section 22. 3 Each subsequent review period is a period of 12 months starting with— a the date during the preceding review period on which a copy of a revised plan is given under subsection (11) in relation to that review period, or b where the plan has not been revised in the preceding review period— i the date during that preceding review period on which notice of a decision is given under subsection (10) in relation to that review period, or ii the date during that preceding review period on which notice of a decision is given under section 27(4) in relation to that review period. 4 But where none of the documents referred to in subsection (3)(a) and (b) has been given during the preceding review period, the subsequent review period is a period of 12 months starting with the first day after the end of that preceding review period. 5 Where a copy of a plan, revised plan or notice of decision is required to be given to more than one person, the reference in subsections (2) and (3) to the date on which it is given is a reference to the date on which the plan, revised plan or notice of decision is first given. 6 The duty in subsection (1) to review a plan before the end of a review period is treated as met if, before the end of that period— a the plan is reconsidered by a local authority under section 27, b the Education Tribunal for Wales orders a governing body or a local authority to revise the plan, or c in the case of a plan maintained by the governing body of a maintained school, the Education Tribunal for Wales orders a local authority to review the plan. 7 A governing body or local authority must review an individual development plan it is required to maintain if— a the plan includes additional learning provision that an NHS body is required to secure under section 20, and b the NHS body asks it to review the plan. 8 A governing body or a local authority required to maintain an individual development plan for a child or young person must review the plan if a request is made to it by the child, the child's parent or the young person, unless it considers a review to be unnecessary. 9 A governing body or local authority may— a review an individual development plan at any time, and b revise a plan following a review. 10 If a governing body or a local authority decides following a review (required or authorised by or under this Part) that the plan should not be revised it must notify the child or young person and, in the case of a child, the child's parent of— a the decision, and b the reasons for the decision. 11 If a governing body or a local authority revises an individual development plan (as required or authorised by or under this Part), it must give a copy of the revised plan to— a the child or young person, and b if the plan is for a child, the child's parent. 12 This section does not apply if an individual development plan relates to a child who is looked after by a local authority, unless the child is in the area of a local authority in England. Review and revision of individual development plans for looked after children 24 1 A local authority required to maintain an individual development plan for a looked after child must review the plan before the end of each review period. 2 The first review period is a period of 12 months starting with the date on which a copy of the plan is first given under section 22. 3 Each subsequent review period is a period of 12 months starting with— a the date during the preceding review period on which a copy of a revised plan is first given under subsection (10) in relation to that review period, or b where the plan has not been revised in the preceding review period the date during that period on which notice of a decision is first given under subsection (9) in relation to that period. 4 But where neither document referred to in subsection (3)(a) and (b) has been given during the preceding review period, the subsequent review period is a period of 12 months starting with the first day after the end of that preceding review period. 5 The duty in subsection (1) to review a plan before the end of a review period is treated as met if, before the end of that period, the Education Tribunal for Wales orders the local authority to revise the plan. 6 A local authority required to maintain an individual development plan for a looked after child must review the plan if— a the plan includes additional learning provision that an NHS body is required to secure under section 20, and b the NHS body asks the local authority to review the plan. 7 A local authority required to maintain an individual development plan for a looked after child must review the plan if a request is made to it by the looked after child or the looked after child's parent, unless the authority considers a review to be unnecessary. 8 A local authority may— a review an individual development plan at any time, and b revise a plan following a review. 9 If a local authority decides following a review (required or authorised by or under this Part or by or under section 83 of the Social Services and Well-being (Wales) Act 2014 (anaw 4)) that the plan should not be revised it must notify the child, the child's parent and the child's independent reviewing officer of— a the decision, and b the reasons for the decision. 10 If a local authority revises a looked after child's individual development plan (as required or authorised by or under this Part or by or under section 83 of the Social Services and Well-being (Wales) Act 2014 (anaw 4)), it must give a copy of the revised individual development plan to— a the looked after child, b the looked after child's parent, and c the looked after child's independent reviewing officer. Relationship of individual development plans to other similar documents 25 A governing body or local authority may— a prepare, review or revise a plan under this Part at the same time as it or another body is preparing, reviewing or revising another document in the case of the person concerned, and b include the other document in the plan or include the plan in the other document. Local authority reconsideration of governing body decisions and plans Reconsideration by local authorities of decisions under section 11(1) 26 1 Subsection (2) applies where— a a governing body of a maintained school has made a decision about a registered pupil under section 11(1) or has refused to make a decision under that section, and b the child or young person or, in the case of a child, the child's parent requests the local authority responsible for the child or young person to reconsider the matter. 2 The local authority must decide whether the child or young person has additional learning needs. 3 Before it makes its decision, the local authority must inform the governing body of the request and invite representations from the governing body. 4 For the purposes of this Part, a decision under subsection (2) is to be treated as a decision under section 13(1). 5 Where a local authority makes a decision under subsection (2), the previous decision of the governing body under section 11(1) ceases to have effect. Reconsideration by local authorities of plans maintained under section 12 27 1 Subsection (2) applies where— a a governing body of a maintained school maintains an individual development plan for a registered pupil under section 12(1) or 12 (3) , and b the child or young person or, in the case of a child, the child's parent requests the local authority responsible for the child or young person to reconsider the plan with a view to it being revised. 2 The local authority must reconsider the plan and decide whether or not to revise the plan. 3 Before it makes its decision, the local authority must inform the governing body of the request and invite representations from the governing body. 4 If the local authority decides that the plan should not be revised it must notify the child or young person and, in the case of a child, the child's parent of— a the decision, and b the reasons for the decision. 5 The local authority must give a copy of a notification under subsection (4) to the governing body. 6 If the local authority decides that the plan should be revised, or is ordered to revise it by the Education Tribunal for Wales, it must prepare a revised plan and either— a direct the governing body to maintain it, or b exercise the power in section 28(6) to take over responsibility for maintaining the plan. 7 The local authority must give a copy of the revised plan to the governing body (for provision about others to whom a copy must be given, see section 23(11)). Local authority duty to decide whether to take over governing body plans 28 1 Subsection (3) applies where— a a governing body of a maintained school or an institution in the further education sector maintains an individual development plan for a child or young person under section 12(1) or 12 (3) , and b any of the persons mentioned in subsection (2) requests the local authority responsible for a child or young person to consider taking over responsibility for maintaining the plan. 2 The persons are— a the child or young person, b in the case of a child, the child's parent, or c the governing body. 3 The local authority must decide whether it should take over responsibility for maintaining an individual development plan maintained by the governing body. 4 Where a governing body makes the request, the local authority must inform the child or young person and, in the case of a child, the child's parent of the request and invite representations. 5 Where a child, a child's parent or a young person makes the request, the local authority must inform the governing body of the request and invite representations from the governing body. 6 A local authority may decide to take over responsibility for maintaining a plan maintained by a governing body of a maintained school if it decides under section 27(6) that the plan should be revised. 7 The local authority must notify the child or young person, in the case of a child, the child's parent, and the governing body of— a a decision under subsection (3) or (6), and b the reasons for the decision. 8 If the local authority decides to take over responsibility for maintaining the plan— a it is to be treated as maintained by the authority under section 14 for the purposes of this Part, and b the governing body is not required to maintain it, from the date on which notice is given under subsection (7). Circumstances in which the duties in sections 26(2), 27(2) and 28(3) do not apply 29 1 Following a request under section 26(1)(b), 27(1)(b) or 28(1)(b), the duty in section 26(2), 27(2) or 28(3) (as the case may be) does not apply in relation to a child or young person if any of the circumstances in subsection (2) apply. 2 The circumstances are— a the local authority has previously made a decision under the same section in relation to the same child or young person and it is satisfied that— i the child's or young person's needs have not changed materially since the previous decision, and ii there is no new information that would materially affect that decision. b the request relates to a child who has become looked after by a local authority. Registration or enrolment at more than one institution 30 1 Subsection (2) applies where— a it is brought to the attention of, or otherwise appears to the governing body of a maintained school in Wales or an institution in the further education sector in Wales that a child or young person who is a registered pupil or enrolled student at the school or institution (as the case may be) may have additional learning needs, b the child or young person is a registered pupil or an enrolled student at another institution (that institution being a school or an institution in the further education sector), c the child or young person is to be provided with education or training at each of the institutions at which he or she is a registered pupil or an enrolled student, d an individual development plan is not being maintained for the child or young person, and e a local authority is responsible for the child or young person. 2 The governing body must refer the child's or young person's case to the local authority responsible for the child or young person for the authority to decide under section 13(1). 3 Subsections (4), (5) and (6) apply where— a the governing body of a maintained school in Wales or an institution in the further education sector in Wales maintains an individual development plan for a child or young person, b the child or young person becomes a registered pupil or an enrolled student at another institution (that institution being a school or an institution in the further education sector), c the child or young person is to be provided with education or training at each of the institutions at which he or she is a registered pupil or an enrolled student, and d a local authority is responsible for the child or young person. 4 The local authority responsible for the child or young person must maintain the individual development plan instead of the governing body and the plan is to be treated as maintained by the local authority under section 14 for the purposes of this Part. 5 The local authority's duty in subsection (4) takes effect on the day on which the authority is informed under subsection (6) or otherwise becomes aware that the circumstances mentioned in subsection (3) apply. 6 If the governing body of a maintained school in Wales or an institution in the further education sector in Wales is aware that the circumstances described in subsection (3) apply in respect of a child or young person who is a registered pupil or an enrolled student at the school or institution (as the case may be), the governing body must inform the local authority responsible for the child or young person of that fact. 7 A local authority may not exercise its power to direct under subsections (2)(b) or (4) of section 14 in relation to a child or young person who is a registered pupil or an enrolled student at more than one institution (whether a school or an institution in the further education sector) if he or she is to be provided with education or training at each of those institutions. Ceasing to maintain plans Ceasing to maintain individual development plans 31 1 The duty of the governing body of a maintained school to prepare or maintain a plan for a child or young person under section 12 ceases to apply— a in the case of a child or young person, if he or she ceases to be a registered pupil of the school, or b in the case of a child, if the child becomes looked after by a local authority. 2 The duty of the governing body of an institution in the further education sector under section 12 to prepare or maintain a plan for a young person ceases to apply if the young personceases to be enrolled as a student at the institution. 3 The duty of a local authority under section 14 to prepare or maintain a plan for a child or young person ceases to apply— a in the case of a child or young person, if the local authority ceases to be responsible for the child or young person, or b in the case of a child, if the child becomes looked after by a local authority. 4 The duty of a local authority to prepare or maintain a plan for a looked after child under section 19 ceases to apply if— a he or she ceases to be a looked after child for the purposes of this Part (whether because he or she is over compulsory school age or otherwise (see section 15)), or b he or she ceases to be in the area of a local authority in Wales. 5 Where the governing body of a maintained school or an institution in the further education sector has a duty under this Part to maintain an individual development plan for a child or young person, the governing body may cease to maintain the plan if it decides that the child or young person no longer has additional learning needs. 6 Where a local authority has a duty under this Part to maintain an individual development plan for a child or young person, the authority may cease to maintain the plan if the authority— a decides that the child or young person no longer has additional learning needs, or b in the case of a young person who is neither a registered pupil at a maintained school nor enrolled as a student at an institution in the further education sector in Wales, decides in accordance with regulations under section 46 that it is no longer necessary to maintain it to meet the young person's reasonable needs for education or training. 7 Before a governing body decides under subsection (5), or a local authority decides under subsection (6), it must notify— a the child or young person, b in the case of a child, the child's parent, and c in the case of a looked after child, the child's independent reviewing officer, that it proposes to make such a decision. 8 After the governing body or local authority has made its decision, it must notify the child or young person, in the case of a child, the child's parent and, in the case of a looked after child, the child's independent reviewing officer of— a the decision, and b the reasons for the decision. 9 And the governing body of a maintained school must also notify the child or young person and, in the case of a child, the child's parent of his or her right to request the local authority to reconsider the matter under section 32. 10 See section 44 (provisions that do not apply to children and young persons in detention) for further circumstances in which the duty to maintain a plan ceases. Reconsideration by local authorities of decisions of governing bodies under section 31 32 1 Subsection (2) applies where— a a child, a child's parent or a young person has been notified of a decision of a governing body of a maintained school under section 31, and b the child, the child's parent or the young person makes a request within a prescribed period to the local authority responsible for the child or young person for it to decide whether the governing body's duty to maintain the plan should cease. 2 The local authority must decide whether the governing body should cease to maintain the plan. 3 The local authority must notify the governing body and the child or young person and, in the case of a child, the child's parent of— a the decision, and b the reasons for the decision. 4 If the local authority decides that the plan should be maintained, the governing body must continue to maintain the plan. 5 If the local authority decides that the plan should not be maintained, the governing body must cease to maintain the plan, subject to section 33. Limitation on ceasing to maintain plans to allow reconsideration or appeal 33 1 A governing body of a maintained school may not cease to maintain an individual development plan under section 31(5) unless subsection (2) or (3) applies. 2 This subsection applies if the period prescribed under section 32(1)(b) has ended and no request has been made under that section. 3 This subsection applies if the local authority has decided under section 32 that the plan should cease to be maintained and— a the period prescribed under section 75 within which an appeal may be brought against the local authority's decision has ended without an appeal having been brought, or b an appeal has been brought before the end of the period prescribed under section 75, and has been fully determined. 4 A governing body of an institution in the further education sector acting under section 31(5), or a local authority acting under section 31(6), may not cease to maintain an individual development plan until the later of— a the period prescribed under section 75 within which an appeal may be brought against a decision not to maintain the plan having ended without an appeal having been brought, or b an appeal having been brought before the end of the period prescribed under section 75, and having been fully determined. Individual development plan after a young person's 25th birthday 34 1 The duty of the governing body of an institution in the further education sector under section 12, or of a local authority under section 14, to prepare or maintain a plan for a young person ceases to apply at the end of the academic year during which the young person attains the age of 25. 2 In this section, “ academic year ” means— a in relation to a young person who attends an institution in the further education sector, a period of 12 months ending on 31 July, and b in relation to any other young person, a period of 12 months ending on the day the young person's course of education or training ends or the day before the young person attains the age of 26 (whichever is earlier). Transfer of plans Transfer of duties to maintain plans 35 1 Subsection (3) applies where— a a child or young person becomes a registered pupil at a maintained school in Wales, b immediately before the child or young person became a registered pupil at the school an individual development plan was being maintained for the child or young person under section 12 by the governing body of another maintained school, and c it is not intended that the child or young person will continue to be provided with education or training at that other school. 2 Subsection (3) also applies where— a a child or young person becomes a registered pupil at a maintained school in Wales before the end of September in an academic year, b the child or young person was a registered pupil at another maintained school during the previous academic year, and c an individual development plan was being maintained for the child or young person under section 12 by the governing body of the other school on the last day of education or training provided for him or her at the school. 3 The governing body of the school mentioned in subsection (1)(a) or (2)(a) must maintain the individual development plan; and the plan is to be treated as being maintained under section 12 for the purposes of this Part. 4 Subsection (6) applies where— a a young person becomes enrolled as a student at an institution in the further education sector in Wales before the end of September in an academic year, b the young person was a registered pupil at a maintained school during the previous academic year, and c an individual development plan was being maintained for the young person under section 12 by the governing body of the school on the last day of education or training provided for him or her at the school. 5 In subsection (4)(a) and (b), “ academic year ” means any period from 1 August to 31 July. 6 The governing body of the institution in the further education sector in Wales must maintain the individual development plan; and the plan is to be treated as being maintained under section 12 for the purposes of this Part. 7 Subsection (8) applies where— a a child or young person becomes the responsibility of a local authority, and b immediately before the child or young person became the responsibility of the authority an individual development plan was being maintained for the child or young person under section 14 by another local authority. 8 The local authority mentioned in subsection (7)(a) must maintain the individual development plan; and the plan is to be treated as being maintained under section 14 for the purposes of this Part. 9 Subsection (10) applies where— a a child becomes looked after by a local authority, and b immediately before the child became looked after, an individual development plan was being maintained for the child under section 12 or 14. 10 The local authority that looks after the child must maintain the individual development plan; and the plan is to be treated as being maintained under section 19 for the purposes of this Part, with any provision described in the plan in accordance with section 14(6) being treated as described in accordance with section 19(4). 11 Subsection (12) and (13) apply where— a a person ceases to be a looked after child (whether because he or she is over compulsory school age or otherwise (see section 15)), b a local authority is responsible for the child or young person, and c immediately before ceasing to be looked after, an individual development plan was being maintained for the child or young person under section 19. 12 The local authority that is responsible for the child or young person must maintain the individual development plan. 13 The plan is to be treated as being maintained under section 14 for the purposes of this Part, with any provision described in the plan in accordance with section 19(4) being treated as described in accordance with section 14(6). Request to transfer plan to governing body of further education institution 36 1 This section applies where a local authority maintains an individual development plan for a young person who is enrolled as a student at an institution in the further education sector in Wales. 2 The local authority may request the governing body of the institution to become responsible for maintaining the plan. 3 If the governing body fails to agree to the request within a prescribed period, the local authority may refer the matter to the Welsh Ministers. 4 The Welsh Ministers must determine whether the governing body of the further education institution should maintain the plan. Regulations about transfer of individual development plans 37 1 Regulations may make further provision for, and in connection with— a the transfer under section 35 of a duty to maintain an individual development plan for a child or young person; b the making of a request under section 36, a reference or determination under that section and the transfer of a duty to maintain an individual development plan for a young person following such a request or determination; c the transfer in prescribed circumstances of a duty to maintain an individual development plan for a child or young person from— i a local authority to another local authority; ii the governing body of a maintained school or institution in the further education sector to the governing body of another maintained school or institution in the further education sector; iii the governing body of a maintained school or institution in the further education sector to a local authority; iv a local authority to the governing body of a maintained school or institution in the further education sector. 2 In this section, a reference to the governing body of a maintained school or an institution in the further education sector is to the governing body of a school or institution in Wales. Powers to direct governing bodies of maintained schools Local authority power to direct governing bodies of maintained schools 38 Any power of a local authority under this Chapter to direct the governing body of a maintained school is not exercisable in respect of a school that the authority does not maintain unless the authority has consulted the local authority that maintains the school about its intention to exercise the power. Additional learning provision for detained persons Meaning of “detained person” and other key terms 39 1 For the purposes of this Act— “ beginning of the detention ” (“ dechrau'r cyfnod o gadw person yn gaeth ”) has the meaning given by section 562J of the Education Act 1996 (c. 56); “ detained person ” (“ person sy'n cael ei gadw'n gaeth ”) means a child or young person who is— subject to a detention order (within the meaning given by section 562(1A)(a), (2) and (3) of the Education Act 1996), and detained in relevant youth accommodation in Wales or England, and in provisions applying on a person's release includes a person who, immediately before release, was a detained person; “ home authority ” (“ awdurdod cartref ”) has the meaning given by section 562J of the Education Act 1996, subject to regulations under subsection (2); “ relevant youth accommodation ” (“ llety ieuenctid perthnasol ”) has the meaning given by section 562(1A)(b) of the Education Act 1996. 2 Regulations may provide for— a paragraph (a) of the definition of “home authority” in section 562J(1) of the Education Act 1996 (the home authority of a looked after child) to apply with modifications for the purposes of this Part; b provision in regulations made by the Welsh Ministers under section 562J(4) of the Education Act 1996 to apply with or without modifications for the purposes of this Part. Duty to prepare individual development plans for detained persons 40 1 Subsection (2) applies where it is brought to the attention of, or otherwise appears to, a home authority in Wales that— a a detained person may have additional learning needs, and b an individual development plan is not being kept by a local authority under section 42. 2 The authority must— a decide whether the detained person has additional learning needs, and b if it decides that the detained person has additional learning needs, decide in accordance with regulations under section 46 whether it will be necessary for an individual development plan to be maintained for the detained person when he or she is released from detention to meet the detained person's reasonable needs for education or training. 3 Before the home authority makes its decision it must invite the person in charge of the relevant youth accommodation to participate in the decision and, if needed, the preparation of an individual development plan. 4 If the home authority decides that the detained person does not have additional learning needs or that it will not be necessary for an individual development plan to be maintained for the detained person when he or she is released from detention, it must notify the detained person, the parent of a detained person who is a child and the person in charge of the relevant youth accommodation of the decision and the reasons for the decision. 5 If the home authority decides that a detained person has additional learning needs and that it will be necessary for an individual development plan to be maintained for the detained person when he or she is released from detention, it must— a prepare an individual development plan for the detained person, and b give a copy of the plan to the detained person, the parent of a detained person who is a child and the person in charge of the relevant youth accommodation. 6 If the home authority prepares an individual development plan, it must— a decide whether additional learning provision should be provided to the detained person in Welsh, and b if it decides that a particular kind of additional learning provision should be provided in Welsh, specify in the plan that it should be provided in Welsh. 7 If it will not be possible to meet the reasonable needs of the detained person for additional learning provision when he or she is released from detention unless the home authority also secures provision of the kind mentioned in subsection (8), the authority must include a description of that other provision in the plan. 8 The kinds of provision are— a a place at a particular school or other institution; b board and lodging. 9 The duty in subsection (7)— a does not apply to a place at a particular school or other institution that is not a maintained school in Wales if the person or body responsible for admissions to the school or other institution does not consent; b is subject to the duties in sections 55, 56(3) and 59. Circumstances in which the duty in section 40(2) does not apply 41 1 The duty in section 40(2) does not apply if either of the circumstances in subsection (2) apply. 2 The circumstances are— a the detained person is a young person who does not consent to a decision under section 40(2)(a) being made or to a plan being prepared; b the home authority has previously decided whether the detained person has additional learning needs and it is satisfied that— i the detained person's needs have not changed materially since that decision was made, and ii there is no new information that materially affects a decision under section 40(2)(a) or (b). Duty to keep individual development plans for detained persons 42 1 This section applies where an individual development plan was being maintained for a detained person immediately before the beginning of his or her detention by— a the governing body of a maintained school in Wales or an institution in the further education sector in Wales under section 12, or b a local authority in Wales under section 14 or 19. 2 This section also applies where an individual development plan is prepared under section 40(5). 3 If the home authority for the detained person is a home authority in Wales, the home authority must keep the individual development plan for the detained person during his or her detention in relevant youth accommodation. 4 But the duty in subsection (3) does not apply where the detained person is a young person who does not consent to the individual development plan being kept. 5 Nor does the duty in subsection (3) apply in relation to an individual development plan that was being maintained by the governing body of a maintained school or an institution in the further education sector, or by a local authority other than the home authority, unless the fact that the plan was being maintained is brought to the attention of the home authority. 6 The home authority must inform the detained person and the parent of a detained person who is a child that it is keeping an individual development plan while the person is detained in relevant youth accommodation. 7 The home authority must give a copy of the individual development plan to the person in charge of the relevant youth accommodation. 8 Where a home authority keeps an individual development plan, it must— a arrange for appropriate additional learning provision to be provided to the detained person, and b if the plan specifies that the additional learning provision should be provided in Welsh, take all reasonable steps to secure that the appropriate additional learning provision is provided to the detained person in Welsh. 9 In this section “appropriate additional learning provision” is— a the additional learning provision specified in the individual development plan, b if it appears to the home authority that it is not practicable for the additional learning provision specified in the plan to be provided, educational provision corresponding as closely as possible to that additional learning provision, or c if it appears to the home authority that the additional learning provision specified in the plan is no longer appropriate for the detained person, additional learning provision which the home authority considers appropriate. Release of a detained person 43 1 Subsection (2) applies where— a a detained person is released, b on the release date, a local authority in Wales is responsible for the person, and c an individual development plan was kept for the person under section 42 during the detention. 2 The local authority must maintain the plan; and the plan is to be treated as maintained under section 14 for the purposes of this Part, with any provision described in the plan in accordance with section 19(4) or 40(7) being treated as described in accordance with section 14(6). 3 But subsection (4) applies instead of subsection (2) if— a the person who has been released is a child, and b immediately on release, the child is looked after by a local authority. 4 The local authority that looks after the child must maintain the plan; and the plan is to be treated as maintained under section 19 for the purposes of this Part, with any provision described in the plan in accordance with section 14(6) or 40(7) being treated as described in accordance with section 19(4). Certain provisions of Part 2 not to apply to children and young persons in detention 44 1 The duties imposed by the provisions in subsection (2) on the following bodies cease to apply in relation to a detained person from the beginning of that person's detention— a the governing body of a maintained school; b the governing body of an institution in the further education sector; c a local authority. d an NHS body. 2 The provisions are— a section 11 (governing body's duty to decide); b section 12 (governing body's duty to prepare and maintain a plan); c section 13 (local authority's duty to decide); d section 14 (local authority's duty to prepare and maintain a plan); da section 20(5)(a) and (c) (NHS body’s duty to secure a treatment or service and to take all reasonable steps to secure it in Welsh); e section 26 (local authority's duty to reconsider governing body's decision); f section 30(2) (governing body's duty to refer where child or young person registered or enrolled at more than one institution); g section 47(2) (governing body's duty to take all reasonable steps to secure additional learning provision). 3 The duties imposed by the provisions in subsection (4) on the governing body of a maintained school or on the governing body of an institution in the further education sector do not apply in relation to a child or young person at any time while that child or young person is— a subject to a detention order (within the meaning given by section 562(1A)(a), (2) and (3) of the Education Act 1996), and b detained in accommodation other than relevant youth accommodation in Wales or England. 4 The provisions are— a section 11 (duty to decide); b section 12 (duty to prepare and maintain a plan); c section 17 (duty to refer a matter to a local authority that looks after a child); d section 30(2) (duty to refer where child or young person registered or enrolled at more than one institution); e section 47(2) (duty to take all reasonable steps to secure additional learning provision). 5 Subsection (6) applies until section 49 of the Apprenticeships, Skills, Children and Learning Act 2009 (c. 22) (application of provisions to persons detained in relevant youth accommodation) comes fully into force in relation to Wales. 6 Section 562 of the Education Act 1996 (c. 56) is to have effect for the purpose of the powers and duties conferred or imposed by or under this Part on local authorities as though section 49 of the Apprenticeships, Skills, Children and Learning Act 2009 (c. 22) were fully in force in relation to Wales. 7 For the purposes of this Part, the reference in subsection (1) of section 562 of the Education Act 1996 (c. 56) to relevant youth accommodation is to have effect as though it were a reference to relevant youth accommodation in Wales or England. Detention under Part 3 of the Mental Health Act 1983 45 1 Subsection (2) applies where, because of section 44 or section 562 of the Education Act 1996 (c.56), powers or duties conferred or imposed by or under this Part on local authorities or on the governing bodies of maintained schools or institutions in the further education sector do not apply in relation to a child or young person who is— a subject to a detention order (within the meaning given by section 562(1A)(a), (2) and (3) of the Education Act 1996), and b detained in a hospital under Part 3 of the Mental Health Act 1983 (c. 20). 2 Regulations may provide for those powers or duties to be applied, with or without modification, in relation to the child or young person. Necessity of plans Regulations about deciding whether an individual development plan is necessary 46 1 Regulations under this section apply to the following provisions and decisions made under them— a section 14(1)(c)(ii); b section 31(6)(b); c section 40(2)(b). 2 Regulations may— a specify factors to be taken into account in assessing whether it is necessary to prepare or maintain a plan; b specify circumstances in which it is, or is not, necessary to prepare or maintain a plan; c provide for what are, and what are not, to be considered reasonable needs for education or training (whether in specifying factors, specifying circumstances or otherwise); d make further provision about the definition of “education or training”; e make provision about the process for making decisions. CHAPTER 3 SUPPLEMENTARY FUNCTIONS Functions relating to securing additional learning provision Duty to take all reasonable steps to secure additional learning provision 47 1 Subsection (2) applies to a child or young person— a who has additional learning needs, b for whom an individual development plan is not being maintained, and c who is a registered pupil at a maintained school in Wales or an enrolled student at an institution in the further education sector in Wales. 2 The governing body of the maintained school or institution in the further education sector (as the case may be) must, in exercising its functions in relation to the school or institution, take all reasonable steps to secure that the additional learning provision called for by the child's or young person's additional learning needs is made. 3 The Code under section 4 must include guidance about the exercise of the function in subsection (2) during the period in which an individual development plan is being prepared for a child or young person but has not been given. 4 Subsection (5) applies to a child or young person— a for whom an individual development plan is being maintained by a local authority, and b who is a registered pupil at a maintained school in Wales or an enrolled student at an institution in the further education sector in Wales. 5 The governing body of the maintained school or institution in the further education sector (as the case may be) must take all reasonable steps to help the local authority that maintains the plan to secure the additional learning provision specified in it. Duty to admit children to named maintained schools 48 1 Subsection (2) applies if a maintained school in Wales is named in an individual development plan prepared or maintained for a child by a local authority for the purpose of securing admission of the child to the school. 2 The governing body of the school must admit the child. 3 Before naming a school under this section, the local authority must consult— a the governing body of the school, and b in the case of a maintained school where neither the local authority nor its governing body is the admissions authority for the school, the local authority for the area in which the school is located. 4 A local authority may only name a maintained school in an individual development plan for the purpose of securing admission of a child if— a the authority is satisfied that the child's interest requires the additional learning provision identified in his or her plan to be made at the school, and b it is appropriate for the child to be provided with education or training at the school. 5 Subsection (2) has effect despite any duty imposed on the governing body of a school by section 1(6) of the School Standards and Framework Act 1998 (c. 31) (limits on infant class sizes). 6 Subsection (2) does not affect any power to exclude a pupil from a school. 7 In this section, “ admissions authority ” has the meaning given by section 88 of the School Standards and Framework Act 1998. No power to charge for provision secured under this Part 49 1 No charge may be made by a governing body or a local authority to a child, a child's parent or a young person for anything that the governing body or local authority secures for a child or young person under this Part. 2 A child, a child's parent or a young person is not liable to pay any charge made by a person for anything that a governing body or local authority secures for a child or young person under this Part. 3 In this section, “ parent ” does not include a parent who is not an individual. 4 Schedule 1 to the Social Services and Well-being (Wales) Act 2014 (anaw 4) is amended as follows. 5 In paragraph 1, in sub-paragraph (1), after “other than in the cases mentioned in sub-paragraph (8)” insert “ , and in cases where charging is prohibited by or under an enactment ” . Welsh Ministers' duties to secure post-16 education and training 50 1 The Learning and Skills Act 2000 (c. 21) is amended as follows. 2 In section 31(3) (education and training for persons aged 16 to 19), after paragraph (c) insert— cc take account of the education and training that is required in order to ensure that employees and potential employees are available who are able to deliver additional learning provision in Welsh; cd take account of the education and training that is required in order to ensure that facilities are available for assessing through the medium of Welsh whether persons have additional learning needs; . 3 In section 32(3) (education and training for persons over 19), after paragraph (c) insert— cc take account of the education and training that is required in order to ensure that employees and potential employees are available who are able to deliver additional learning provision in Welsh; cd take account of the education and training that is required in order to ensure that facilities are available for assessing through the medium of Welsh whether persons have additional learning needs; . 4 In section 41 (persons with learning difficulties)— a in the heading, for “learning difficulties” substitute “ additional learning needs ” ; b in subsection (1)— i in paragraph (a), for “learning difficulties, and” substitute “ additional learning needs; ” ; ii for paragraph (b) substitute— b to the desirability of facilities being available which would assist the discharge of duties under the Additional Learning Needs and Education Tribunal (Wales) Act 2018. ; c omit subsections (2), (3) and (4); d for subsection (5) substitute— 5A In this Part, “ additional learning needs ” has the meaning given by section 2 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018, and “ additional learning provision ” has the meaning given by section 3 of that Act. ; e omit subsection (6). 5 Omit section 140 (assessments relating to learning difficulties). Additional learning provision in particular kinds of school or other institution Duty to favour education for children at mainstream maintained schools 51 1 A local authority exercising functions under this Part in relation to a child of compulsory school age with additional learning needs who should be educated in a school must secure that the child is educated in a mainstream maintained school unless any of the circumstances in paragraphs (a) to (c) of subsection (2) apply. 2 The circumstances are— a that educating the child in a mainstream maintained school is incompatible with the provision of efficient education for other children; b that educating the child otherwise than in a mainstream maintained school is appropriate in the best interests of the child and compatible with the provision of efficient education for other children; c that the child's parent wishes the child to be educated otherwise than in a mainstream maintained school. 3 A local authority may not rely on the exception in subsection (2)(a) unless there are no reasonable steps the authority could take to prevent the incompatibility. 4 Where a child's parent wishes his or her child to be educated otherwise than in a mainstream maintained school, subsection (2)(c) does not require a local authority to secure that the child is educated otherwise than in a mainstream maintained school. 5 Subsection (1) does not prevent a child from being educated in— a an independent school, or b a school approved under section 342 of the Education Act 1996 (c. 56), if the cost is met otherwise than by a local authority. Children with additional learning needs in mainstream maintained schools 52 1 Where a child with additional learning needs is being educated in a mainstream maintained school in Wales, those concerned with making additional learning provision for the child must secure that the child engages in the activities of the school together with children who do not have additional learning needs. 2 The duty in subsection (1) applies only so far as is reasonably practicable and compatible with— a the child receiving the additional learning provision called for by his or her additional learning needs, b the provision of efficient education for the children with whom he or she will be educated, and c the efficient use of resources. Additional learning provision otherwise than in schools 53 1 A local authority may arrange for the additional learning provision described in an individual development plan it maintains for a child, or any part of that additional learning provision, to be made otherwise than in a school. 2 But a local authority may only do so if it is satisfied that it would be inappropriate for the additional learning provision to be made in a school. Amendments to registration requirements for independent schools in Wales 54 1 The Education Act 2002 (c. 32) is amended as follows. 2 In section 158 (registers), after subsection (3) insert— 4 The Welsh Ministers must publish a list of the schools included in the register of independent schools in Wales, as amended from time to time. 5 If the Welsh Ministers have been provided with the necessary information by the proprietor of the school, the published list must specify the type or types of additional learning provision made by a school on the list for pupils with additional learning needs (if any). 3 In section 160 (applications for registration), in subsection (2), for paragraph (e) substitute— e the type or types of additional learning provision made by the school for pupils with additional learning needs (if any). Conditions applicable to securing additional learning provision at independent schools 55 1 A local authority may not exercise its functions under this Part to secure that a child or young person is educated at an independent school in Wales unless— a the school is included in the register of independent schools in Wales, and b the local authority is satisfied that the school can make the additional learning provision described in the child's or young person's individual development plan. 2 A local authority may not exercise its functions under this Part to secure that a child or young person is educated at an independent educational institution in England unless— a the institution is included in the register of independent educational institutions in England (kept under section 95 of the Education and Skills Act 2008 (c. 25) (“ the 2008 Act ”)), and b the local authority is satisfied that the institution can make the additional learning provision described in the child's or young person's individual development plan. 3 In this section, “ independent educational institution ” has the meaning given by Chapter 1 of Part 4 of the 2008 Act. List of independent special post-16 institutions 56 1 The Welsh Ministers must establish and maintain a list of independent special post-16 institutions in Wales and England (“ the list ”) for the purpose of subsection (3). 2 The Welsh Ministers must publish the list, as amended from time to time. 3 A local authority may only exercise its functions under this Part to secure education or training for a child or young person at an independent special post-16 institution in Wales or England if the institution is included in the list, subject to any prescribed exemptions. 4 The Welsh Ministers may only include an institution in the list on application by its proprietor. 5 Regulations must provide for— a the contents of the list; b requirements to be complied with as a condition of being included in the list; c requirements to be complied with while the institution is listed (including requirements for approval by the Welsh Ministers of arrangements at the institution and change of such arrangements); d removal of the institution from the list; e rights of appeal to the First-tier Tribunal for proprietors of institutions against decisions— i to refuse to list an institution; ii to remove an institution from the list; iii not to approve or not to approve a change to arrangements at the institution. 6 In this section, “ independent special post-16 institution ” means an institution which provides education or training for persons over compulsory school age and is specially organised to provide such education or training for persons with additional learning needs, and which is not— a an institution within the further education sector, b an independent school included in the register of independent schools in Wales (kept under section 158 of the Education Act 2002 (c. 32)), c an independent educational institution (within the meaning of Chapter 1 of Part 4 of the Education and Skills Act 2008 (c. 25)), which has been included in the register of independent educational institutions in England (kept under section 95 of that Act), or d a 16 to 19 Academy. Abolition of approval of non-maintained special schools in Wales 57 1 The Education Act 1996 (c. 56) is amended as follows. 2 In section 337A (interpretation of Chapter), omit the definition of “the appropriate national authority”. 3 In section 342 (approval of non-maintained special schools)— a in subsection (1)— i for “appropriate national authority” substitute “ Secretary of State ” , and ii after “school”, the first time it appears, insert “ in England ” ; b in subsection (5)(a), for “appropriate national authority” substitute “ Secretary of State ” ; c omit subsection (6). Abolition of approval of independent schools in Wales 58 Section 347 of the Education Act 1996 (c. 56) (approval of independent schools as suitable for admission of children with statements of special educational needs) is repealed. Additional learning provision outside England and Wales 59 A local authority may exercise its functions under this Part to make arrangements for a child or young person with additional learning needs to attend an institution outside England and Wales, but only if the institution is organised to make the additional learning provision described in the child's or young person's individual development plan. Additional learning needs co-ordinating officers Additional learning needs co-ordinator 60 1 The duty in subsection (2) applies to— a the governing body of a school in Wales that is— i a community, foundation or voluntary school, ii a maintained nursery school, or iii a pupil referral unit; b the governing body of an institution in the further education sector in Wales. 2 The governing body must designate a person, or more than one person, to have responsibility for co-ordinating additional learning provision for pupils or students (as the case may be) with additional learning needs. 3 A person designated under this section is to be known as an “additional learning needs co-ordinator”. 4 Regulations may— a require governing bodies to ensure that additional learning needs co-ordinators have prescribed qualifications or prescribed experience (or both); b confer functions on additional learning needs co-ordinators in relation to provision for pupils or students (as the case may be) with additional learning needs. 5 In subsections (2) and (4)(b), “ students ” means students enrolled at the institution in the further education sector. Designated education clinical lead officer 61 1 A Local Health Board must designate an officer to have responsibility for co-ordinating the Board's functions in relation to children and young people with additional learning needs. 2 A Local Health Board may only designate an officer who is— a a registered medical practitioner, or b a registered nurse or another health professional. 3 A Local Health Board may only designate an officer it considers to be suitably qualified and experienced in the provision of health care for children and young people with additional learning needs. 4 An officer designated under this section is to be known as a “designated education clinical lead officer”. Early years additional learning needs lead officer 62 1 A local authority must designate an officer to have responsibility for co-ordinating the authority's functions under this Part in relation to children under compulsory school age who are not attending maintained schools. 2 An officer designated under this section is to be known as an “early years additional learning needs lead officer”. Miscellaneous functions Duty to keep additional learning provision under review 63 1 A local authority must keep under review the arrangements made by the authority and by the governing bodies of maintained schools in its area for children and young people who have additional learning needs. 2 The local authority must consider the extent to which the arrangements referred to in subsection (1) are sufficient to meet the additional learning needs of the children and young people for whom it is responsible, having regard to the additional learning provision that may reasonably be arranged by others. 3 The duty in subsection (2) includes a duty to consider— a the sufficiency of additional learning provision in Welsh; b the size and capability of the workforce available. 4 If a local authority considers that the arrangements referred to in subsection (1) (including the availability of additional learning provision in Welsh) are not sufficient, it must take all reasonable steps to remedy the matter. 5 In exercising its functions under this section, the local authority must consult such persons, and at such times, as they consider appropriate. Duty of health bodies to notify parents etc. 64 1 This section applies where a health body mentioned in subsection (2), in the course of exercising its functions in relation to a child who is under compulsory school age and for whom a local authority is responsible, forms the opinion that the child has, or probably has, additional learning needs. 2 The health bodies are— a a Local Health Board; b an NHS trust; c an integrated care board; d an NHS foundation trust; e a Special Health Authority. 3 The health body must inform the child's parent of its opinion and of its duty in subsection (4). 4 After giving the parent an opportunity to discuss the health body's opinion with an officer of the body, the health body must bring it to the attention of the local authority that is responsible for the child or, if the child is looked after, to the attention of the local authority that looks after the child, if the health body is satisfied that doing so would be in the best interests of the child. 5 If the health body is of the opinion that a particular voluntary organisation is likely to be able to give the parent advice or other assistance in connection with any additional learning needs that the child may have, it must inform the parent accordingly. Duties to provide information and other help 65 1 Subsection (2) applies if a local authority requests a person mentioned in subsection (4) to exercise the person's functions to provide the authority with information or other help, which it requires for the purpose of exercising its functions under this Part. 2 The person must comply with the request unless the person considers that doing so would— a be incompatible with the person's own duties, or b otherwise have an adverse effect on the exercise of the person's functions. 3 A person that decides not to comply with a request under subsection (1) must give the local authority that made the request written reasons for the decision. 4 The persons are— a another local authority; b a local authority in England; c the governing body of a maintained school in Wales or England; d the governing body of an institution in the further education sector in Wales or England; e the proprietor of an Academy; f a youth offending team for an area in Wales or England; g a person in charge of relevant youth accommodation in Wales or England; h a Local Health Board; i an NHS trust; j NHS England; k an integrated care board; l an NHS foundation trust; m a Special Health Authority. 5 Regulations may provide that, where a person is under a duty to comply with a request under this section, the person must comply with the request within a prescribed period, unless a prescribed exception applies. Right of local authority to access premises of schools and other institutions 66 1 This section applies where a local authority maintains an individual development plan under this Part for a child or young person. 2 A person authorised by the local authority is entitled to have access at any reasonable time to any place where education or training is provided for the child or young person at the premises of an institution listed in subsection (3) if access to the place is necessary for the purpose of exercising the local authority's functions under this Part. 3 The institutions are— a an independent school in Wales or England; b a maintained school in the area of another local authority in Wales or England; c an institution within the further education sector in Wales or England; d an Academy; e a non-maintained special school; f an independent special post-16 institution included in the list under section 56. Provision of goods or services in relation to additional learning provision 67 1 Regulations may provide for a local authority to supply goods or services to— a a person exercising functions under this Part, or b a person making additional learning provision in connection with the exercise of functions under this Part. 2 The regulations may, among other things, provide for the terms and conditions on which goods and services may be supplied. CHAPTER 4 AVOIDING AND RESOLVING DISAGREEMENTS Local authority arrangements Arrangements for the avoidance and resolution of disagreements 68 1 A local authority must make arrangements with a view both to avoiding and to resolving disagreements between— a education bodies, and b children or young people for whom the authority is responsible, or in the case of such children, their parents, about the exercise by education bodies of their functions under this Part. 2 A local authority must make arrangements with a view both to avoiding and to resolving disagreements between— a proprietors of relevant institutions, and b children or young people who have additional learning needs for whom the authority is responsible and, in the case of such children, their parents, about the additional learning provision made for children or young people. 3 The arrangements under subsections (1) and (2) must include provision for parties to a disagreement to access help in resolving it from persons who are independent of the parties. 4 A local authority must promote the use of the arrangements made under this section. 5 A local authority must take reasonable steps to inform children, their parents and young people that arrangements made under this section do not affect any rights they may have to appeal to the Education Tribunal for Wales. 6 In this section, an “ education body ” means any of the following— a the governing body of a maintained school; b the governing body of an institution in the further education sector; c a local authority. 7 In this section, “ relevant institution ” means— a a maintained school in Wales or England; b an institution in the further education sector in Wales or England; c an independent special post-16 institution on the list maintained under section 56; d an independent school in Wales or England; e a non-maintained special school; f an Academy. 8 For the purposes of this section and section 69 a local authority is also responsible for children it looks after who are not in its area and detained persons for whom it is the home authority . Independent advocacy services 69 1 A local authority must— a make arrangements for the provision of independent advocacy services for the children and young people for whom it is responsible; b refer any child or young person for whom it is responsible who requests independent advocacy services to an independent advocacy service provider; c refer any person who is a case friend for a child for whom it is responsible and who requests independent advocacy services to an independent advocacy service provider. 2 In this section “ independent advocacy services ” means advice and assistance (by way of representation or otherwise) to a child, a young person or a case friend— a making, or intending to make, an appeal to the Education Tribunal for Wales under this Part, b considering whether to appeal to the Tribunal, or c taking part in or intending to take part in arrangements made under section 68. 3 In making arrangements under this section, a local authority must have regard to the principle that any services provided under the arrangements must be independent of any person who is— a the subject of an appeal to the Tribunal, or b involved in investigating or adjudicating on such an appeal. 4 The arrangements may include provision for the local authority to make payments to, or in relation to, any person carrying out functions in accordance with the arrangements made under this section. Appeals and applications to the Tribunal Appeal and application rights 70 1 Subsection (2) applies to— a decisions of the governing body of an institution in the further education sector in Wales or a local authority; b individual development plans prepared or maintained by the governing body of an institution in the further education sector in Wales or a local authority; c individual development plans revised by a local authority under section 27(6). 2 A child or young person and, in the case of a child, the child's parent, may appeal to the Education Tribunal for Wales against the following matters— a a decision by the governing body of an institution in the further education sector in Wales under section 11 or a local authority under section 13, 18 or 26 as to whether a person has additional learning needs; b in the case of a young person, a decision by a local authority under section 14(1)(c)(ii) as to whether it is necessary to prepare and maintain an individual development plan; c the description of a person's additional learning needs in an individual development plan; d the additional learning provision in an individual development plan or the fact that additional learning provision is not in a plan (including whether the plan specifies that additional learning provision should be provided in Welsh); e the provision included in an individual development plan under section 14(6) or 19(4) or the fact that provision under those sections is not in the plan; f the school named in an individual development plan for the purpose of section 48; g if no school is named in an individual development plan for the purpose of section 48, that fact; h a decision under section 27 not to revise an individual development plan; i a decision under section 28 not to take over responsibility for an individual development plan following a request to consider doing so; j a decision to cease to maintain an individual development plan under section 31(5) or 31(6); k a decision under section 32(2) that a governing body of a maintained school should cease to maintain a plan; l a refusal to decide a matter on the basis that section 11(3)(b), 13(2)(b), 18(2)(b) or 29(2)(a) applies (no material change in needs and no new information that materially affects the decision). 3 A child or a child's parent may apply to the Education Tribunal for Wales for a declaration that the child either does or does not have the capacity to understand— a information or documents that must be given to a child under this Part, or b what it means to exercise the rights conferred on a child by this Part. 4 The exercise of rights under this section is subject to— a provision made by regulations under sections 74, 75, 83 and 85(8); b section 85(4). Decisions on appeals and applications under section 70 71 1 On appeal under section 70(2), the Education Tribunal for Wales may— a dismiss the appeal; b order that a person has, or does not have, additional learning needs of a kind specified in the order; c order the governing body of an institution in the further education sector in Wales or a local authority to prepare an individual development plan; d order the governing body of an institution in the further education sector in Wales or a local authority to revise an individual development plan as specified in the order; e order a governing body of a maintained school in Wales or an institution in the further education sector in Wales or local authority to continue to maintain an individual development plan (with or without revisions); f order a local authority to take over responsibility for maintaining an individual development plan; g order a governing body of an institution in the further education sector in Wales or local authority to review an individual development plan; h remit the case to the governing body of an institution in the further education sector in Wales or local authority responsible for the matter for it to reconsider whether, having regard to any observations made by the Tribunal, it is necessary for a different decision to be made or different action to be taken. 2 On application under section 70(3) in respect of a child, the Education Tribunal for Wales may declare that the child either does or does not have the capacity to understand— a information or documents that must be given to a child under this Part, or b what it means to exercise the rights conferred on a child by this Part. Appeal rights: detained persons 72 1 Subsection (2) applies to— a decisions of a home authority in Wales under section 40; b individual development plans kept by a home authority under section 42. 2 A detained person and, in the case of a detained person who is a child, the detained person's parent, may appeal to the Education Tribunal for Wales against the following matters— a a decision of the home authority as to whether a detained person has additional learning needs; b a decision of the home authority as to whether it will be necessary for an individual development plan to be maintained for a detained person when he or she is released from detention; c the description of a person's additional learning needs in an individual development plan; d the additional learning provision in an individual development plan or the fact that additional learning provision is not in a plan (including whether the plan specifies that additional learning provision should be provided in Welsh); e the provision included in an individual development plan under section 40(7) or the fact that provision under that section is not in the plan; f the school named in an individual development plan for the purpose of section 48; g if no school is named in an individual development plan for the purpose of section 48, that fact; h a refusal to make a decision under section 40(2) on the basis that section 41(2)(b) applies (no material change in needs and no new information that materially affects the decision). 3 The exercise of rights under this section is subject to— a provision made by regulations under sections 74, 75, 83 and 85(8); b section 85(4). Decisions on appeals under section 72 73 On appeal under section 72, the Education Tribunal for Wales may— a dismiss the appeal; b order that a detained person has or does not have additional learning needs of a kind specified in the order; c order a home authority to prepare an individual development plan; d order a home authority to revise an individual development plan as specified in the order; e remit the case to the home authority responsible for the matter for it to reconsider whether, having regard to any observations made by the Tribunal, it is necessary for a different decision to be made or different action to be taken. Regulations about appeals and applications 74 1 Regulations may make further provision about appeals and applications to the Education Tribunal for Wales under this Part, including, for example, provision— a about other matters relating to an individual development plan against which appeals may be brought; b about making and determining appeals or applications; c conferring further powers on the Tribunal on determining appeals or applications; d for unopposed appeals or applications. 2 Regulations under subsection (1)(c) may include provision conferring power on the Tribunal, on determining an appeal against a matter or an application, to make recommendations in respect of other matters (including matters against which no appeal or application may be brought). Regulations about procedure 75 1 Regulations may make provision about— a the initiation of an appeal or application under this Part; b the proceedings of the Education Tribunal for Wales on an appeal or application under this Part. 2 Regulations under subsection (1) may include provision— a as to the period within which, and the manner in which, appeals or applications are to be commenced; b where the jurisdiction of the Tribunal is being exercised by more than one tribunal— i for determining by which tribunal any appeal or application is to be heard, and ii for the transfer of proceedings from one tribunal to another; c for enabling any functions relating to matters preliminary or incidental to an appeal or application to be performed by the President or by the legal chair; d for hearings to be conducted in the absence of a member other than the legal chair; e as to the persons who may appear on behalf of the parties; f for granting such rights to disclosure or inspection of documents or to further particulars as may be granted by the county court; g requiring persons to attend to give evidence and produce documents; h for authorising the administration of oaths to witnesses; i for the determination of appeals or applications without a hearing in prescribed circumstances; j as to withdrawal of appeals or applications; k as to the award of costs or expenses; l for assessing or otherwise settling any costs or expenses (and, in particular, for enabling such costs or expenses to be assessed in the county court); m for the registration and proof of decisions and orders; n for enabling the Tribunal to review its decisions, or revoke or vary its orders, in prescribed circumstances; o for enabling the Tribunal to stay proceedings; p for adding and substituting parties; q for enabling appeals or applications by different persons to be dealt with together; r for an appeal or application under this Part to be heard, in circumstances prescribed in the regulations, with a claim under Chapter 1 of Part 6 of the Equality Act 2010 (c. 15). 3 Proceedings before the Tribunal must be held in private, except in prescribed circumstances. 4 Part 1 of the Arbitration Act 1996 (c. 23) does not apply to any proceedings before the Tribunal but regulations may make provision corresponding to any provision of that Part. NHS Bodies: evidence and Tribunal recommendations 76 1 The Education Tribunal for Wales may, in relation to an appeal under this Part,— a exercise its functions to require an NHS body to give evidence about the exercise of the body's functions; b make recommendations to an NHS body about the exercise of the body's functions. 2 Nothing in subsection (1) affects the generality of the powers to make regulations in sections 74 and 75. 3 An NHS body to whom a recommendation has been made by the Tribunal must make a report to the Tribunal before the end of any prescribed period beginning with the date on which the recommendation is made. 4 The report under subsection (3) must state – a the action that the NHS body has taken or proposes to take in response to the recommendation, or b why the NHS body has not taken and does not propose to take any action in response to the recommendation. Compliance with orders 77 1 If the Education Tribunal for Wales makes an order under this Part, the governing body or local authority concerned must comply with the order before the end of any prescribed period beginning with the date on which it is made. 2 The governing body or local authority concerned must make a report to the Tribunal stating whether and how it has complied with the order before the end of a period of 14 days beginning with the first day after end of the period prescribed under subsection (1). Power to share documents and other information with the Welsh Ministers 78 The Education Tribunal for Wales may share with the Welsh Ministers any document or other information in its possession that relates to whether or not an order or recommendation made by the Tribunal under this Part has been or will be complied with or followed. Offence 79 1 A person commits an offence if without reasonable excuse that person fails to comply with any requirement— a in respect of the disclosure or inspection of documents, or b to attend to give evidence and produce documents, where that requirement is imposed by regulations under section 74 or 75 in relation to an appeal or application under section 70 or 72. 2 A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 3 on the standard scale. Allowances for attendance at the Education Tribunal for Wales 80 The Welsh Ministers may pay allowances for the purpose of or in connection with the attendance of persons at the Education Tribunal for Wales. Appeals from the Education Tribunal for Wales to the Upper Tribunal 81 1 A party to any proceedings under section 70 or 72 before the Education Tribunal for Wales may appeal to the Upper Tribunal on any point of law arising from a decision made by the Education Tribunal for Wales in those proceedings. 2 An appeal may be brought under subsection (1) only if, on an application made by the party concerned, the Education Tribunal for Wales or the Upper Tribunal has given its permission. 3 Section 12 of the Tribunals, Courts and Enforcement Act 2007 (c. 15) (proceedings on appeal to the Upper Tribunal) applies in relation to appeals to the Upper Tribunal under this section as it applies in relation to appeals to it under section 11 of that Act, but as if references to the First-tier Tribunal were references to the Education Tribunal for Wales. CHAPTER 5 GENERAL Information Regulations about disclosure and use of information 82 1 Regulations may make provision about disclosure or use of information for the purposes of this Part or for other purposes connected with the education of a child or young person. 2 Regulations under subsection (1) may, for example— a specify further persons to whom notice of decisions must be given (including, in specified cases, giving notice of decisions without the consent of the person to whom the decision relates or, in the case of a child, without the consent of that person's parent); b specify further persons to whom written copies of a plan must be provided (including, in specified cases, the provision of copies without the consent of the person to whom the plan relates or, in the case of a child, without the consent of that person's parent); c make provision about disclosure of plans; d make provision about the use of information gathered in preparing and maintaining plans. Capacity Parents and young people lacking capacity 83 1 The Welsh Ministers must make regulations for the purpose of giving effect to this Part in a case where a parent of a child, or a young person, lacks capacity at the relevant time. 2 Regulations under subsection (1) may include provision applying any enactment with modifications, including (for example) provision for— a references to a child's parent to be interpreted as references to, or as including references to, a representative of the parent; b references to a young person to be interpreted as references to, or as including references to, a representative of the young person, the young person's parent, or a representative of the young person's parent; c modifications to have effect despite section 27(1)(g) of the Mental Capacity Act 2005 (c. 9) (which does not permit decisions on discharging parental responsibilities in matters not relating to a child's property to be made on a person's behalf). 3 In subsection (1) “ the relevant time ” means the time at which, under the enactment in question, something is required or permitted to be done by or in relation to the parent or young person. 4 The reference in subsection (1) to lacking capacity is to lacking capacity within the meaning of the Mental Capacity Act 2005. 5 “ Representative ”, in relation to a parent or young person, means— a a deputy appointed by the Court of Protection under section 16(2)(b) of the Mental Capacity Act 2005 to make decisions on the parent's or young person's behalf in relation to matters within this Part; b the donee of a lasting power of attorney (within the meaning of section 9 of that Act) appointed by the parent or young person to make decisions on his or her behalf in relation to matters within this Part; c an attorney in whom an enduring power of attorney (within the meaning of Schedule 4 to that Act) created by the parent or young person is vested, where the power of attorney is registered in accordance with paragraphs 4 and 13 of that Schedule or an application for registration of the power of attorney has been made. Capacity of children 84 1 Subsections (2) to (7) apply to— a the duty to notify or inform a child under section 11(4), 13(3), 18(3), 22(2), 23(10), 24(9), 27(4), 28(4), 28(7), 31(7), 31(8), 31(9), 32(3), 40(4) or 42(6); b the duty to give a copy of a plan or a revised plan to a child under section 22(1), 23(11), 24(10) or 40(5); c the conditions in paragraphs (a) and (b) of section 20(3) as they apply to a child; d the duty to review a plan following a request by a child under section 23(8) or 24 (7) ; e the duty to reconsider following a request by a child under section 26(1), 27(1) or 32(1)(b); f the duty to decide following a request by a child under section 28(1). 2 The condition or duty does not apply if the governing body, local authority or NHS body (as the case may be) considers that the child does not have the capacity to understand the subject matter, unless subsection (3) applies. 3 This subsection applies if— a in the case of a decision by a governing body of a maintained school, the local authority responsible for the child informs the governing body that it considers that the child does have the capacity to understand the subject matter, b a case friend has been appointed for the child under section 85 by order of the Education Tribunal for Wales, subject to provision in or under that section, or c a declaration is made by the Education Tribunal for Wales under section 71(2) that the child does have the capacity to understand the subject matter. 4 The condition or duty does not apply to a governing body of a maintained school if the local authority responsible for the child informs the governing body that the authority considers that the child does not have the capacity to understand the subject matter. 5 Subsection (6) applies where— a a governing body of a maintained school considers that a child either does or does not have the capacity to understand the subject matter relating to the exercise of a function to which this section applies, and b the child or the child's parent requests the local authority responsible for the child to reconsider the matter. 6 The local authority must decide whether the child has the capacity to understand the subject matter. 7 The condition or duty does not apply if the Education Tribunal for Wales declares under section 71(2) that the child does not have the capacity to understand. 8 In this section “ the capacity to understand the subject matter ” means the capacity to understand— a information or documents that must be given to a child under this Part, or b what it means to exercise the rights conferred on a child by this Part. Case friends for children who lack capacity 85 1 This section applies to a child who lacks the capacity to understand— a information or documents that must be given to a child under this Part, or b what it means to exercise the rights conferred on a child by this Part. 2 The Education Tribunal for Wales may by order— a appoint a person to be a case friend for a child to whom this section applies, or b remove the person from being a case friend for the child, on the application of any person or on its own initiative, subject to provision in regulations under subsection (8). 3 A case friend appointed for a child under this section may— a represent and support the child, and b take decisions and act on behalf of the child, in respect of matters arising under or by virtue of this Part, subject to provision in regulations under subsection (8). 4 Where a person is appointed to be a case friend by order of the Tribunal under this section, the rights of a child under the provisions in subsection (5) are to be exercised by the case friend on behalf of the child and the provisions are to be interpreted accordingly. 5 The provisions are— a sections 11(4), 13(3), 18(3), 22(2), 23(10), 24(9), 27(4), 28(4), 28(7), 31(7), 31(8), 31(9), 32(3), 40(4) and 42(6) (duties to notify or inform); b sections 22(1), 23(11), 24(10) and 40(5) (duties to give a copy of a plan or a revised plan); c section 20(3) (duty to inform and give an opportunity to discuss); d sections 23(8) and 24 (7) (duty to review a plan following a request); e sections 26(1), 27(1) and 32(1)(b) (duties to reconsider following a request); f section 28(1) (duty to decide following a request); g section 70(2) (right of appeal); h section 72 (right of appeal: detained persons). 6 A case friend appointed under this section must— a act fairly and competently, b not have any interest adverse to that of the child, c ensure that all steps and decisions taken by the case friend are for the benefit of the child, and d take account of the child's views, so far as possible. 7 In deciding whether to appoint a person to be a case friend, or to remove a person from being a case friend, the Tribunal must have regard, in particular, to whether the person is likely to comply (in the case of appointment) or has complied (in the case of removal) with the duty in subsection (6). 8 Regulations may make further provision about case friends, including (among other things) provision— a conferring functions on the Education Tribunal for Wales; b conferring functions on case friends; c for procedures in relation to case friends; d specifying the circumstances in which a person may or may not act as a case friend; e specifying the circumstances in which a child must have a case friend; f specifying requirements in respect of the conduct of case friends; g applying any enactment with or without modifications for the purpose of enabling a case friend to make decisions or act on behalf of a child in respect of matters arising under or by virtue of this Part. Higher education courses provided by further education institutions Students at further education institutions undertaking higher education courses 86 1 For the purposes of this Part, a higher education student at an institution in the further education sector is not to be treated as enrolled as a student at the institution. 2 The duty imposed on a local authority by section 68(2) (arrangements for the avoidance and resolution of disagreements) does not apply in so far as it would otherwise apply in relation to a young person in so far as that person is a higher education student at an institution in the further education sector. 3 A person is a higher education student at an institution in the further education sector if the person is undertaking a higher education course provided by the institution and is not also receiving education or training provided by it. 4 Where a person enrolled as a student at an institution in the further education sector is receiving education or training provided by it, and is also undertaking a higher education course provided by it, the person is a higher education student at the institution in relation to the higher education course (but is otherwise to be treated as enrolled as a student at the institution). 5 In this section, “ higher education course ” means a course of any description mentioned in Schedule 6 to the Education Reform Act 1988 (c. 40). Pupils and students at Welsh institutions who are resident in England Application of reconsideration provisions to pupils and students resident in England 87 1 Subsections (2) and (3) of this section apply to a child or young person who is— a in the area of a local authority in England, and b a registered pupil at a maintained school in Wales. 2 Sections 26, 27, 29 (in its application to sections 26 and 27 only) and 32 apply to the child or young person with the following modifications— a in section 26(1)(b), 27(1)(b) and 32(1)(b) for “the local authority responsible for the child or young person” substitute “ the local authority that maintains the school ” ; b in section 27(1)(a), for “or 12 (3) ” substitute “ , 12 (3) or 12(5) ” ; c in section 29(2), omit paragraph (b); d in each of the sections the other references to “local authority” are to be interpreted as references to the local authority that maintains the school; e the duty in section 27(6) may only be discharged in accordance with paragraph (a) of that provision. 3 Section 14 applies to the child or young person by virtue of subsection (2) and section 26(4) with the following modifications— a in section 14(1), omit “a local authority is responsible for a child or young person, and”; b the references to “local authority” are to be interpreted as references to the local authority that maintains the school; c the duty in section 14(2) may only be discharged in accordance with paragraph (b) of that provision; d the duty in section 14(2) does not apply if— i the local authority requests a local authority in England to secure an assessment under section 36 of the Children and Families Act 2014 (c. 6) and, by virtue of that request or otherwise, the authority in England is responsible for the child or young person (within the meaning given by section 24(1) of that Act), or ii a local authority in England maintains an EHC plan for the child or young person; e if, following a request under paragraph (d)(i), the local authority is notified by the local authority in England that it is not required to secure an EHC plan for the child, the duty in section 14(2) applies again in respect of the child or young person; f subsections (6) to (10) of section 14 do not apply. 4 A local authority is responsible for a child or young person who is in the area of a local authority in England for the purposes of sections 68 and 69 if he or she is— a a registered pupil at a school maintained by the authority, or b enrolled as a student at an institution in the further education sector in the authority's area. Giving notice etc. Giving notice etc. under this Part 88 1 This section applies where a provision of this Part requires or authorises (in whatever terms) a governing body or local authority to— a notify a person of something, or b give a document to a person (including a notice or a copy of a document). 2 The notification or document may be given to the person in question— a by delivering it to the person, b by sending it by post to the person's proper address, c by leaving it at the person's proper address, or d if the conditions in subsection (3) are met, by sending it electronically. 3 A governing body or local authority may send a notification or document to a person electronically only if the following requirements are met— a the person to whom the notification or document is to be given must have— i indicated to the governing body or local authority a willingness to receive the notification or document electronically, and ii provided the governing body or local authority with an address suitable for that purpose, and b the governing body or local authority sends the notification or document to that address. 4 For the purposes of this section and section 7 of the Interpretation Act 1978 (c. 30) (references to service by post) in its application to this section, the proper address of a person is the last known address of the person. 5 A notification or document given to a person by leaving it at the person's proper address is to be treated for the purposes of this Part as having been given at the time at which it was left at that address. 6 A notification or document given to a person by sending it electronically in accordance with this section is to be treated for the purposes of this Part as having been given, unless the contrary is proved, on the day on which the electronic communication was sent. Review of additional learning provision in Welsh Review of additional learning provision in Welsh 89 1 The Welsh Ministers must arrange— a for reviews of the sufficiency of additional learning provision in Welsh; b for reports on the outcome of the reviews to be produced and published. 2 Subsection (1) does not prevent reviews from also dealing with other matters. 3 The first report on the outcome of a review must be published before 1 September in the fifth year following the year in which any of the provisions of this Part are brought into force by order (whether for all or limited purposes). 4 The Welsh Ministers must publish subsequent reports before 1 September in every fifth year following the last year in which a report was required to be published. Power to amend duties to secure additional learning provision in Welsh 90 1 This section applies to the following provisions— section 12(7)(b); section 14(10)(c); section 19(7)(c); section 20(5)(c); section 21(5); section 42(8)(b). 2 Regulations may omit the words “take all reasonable steps to” from a provision. 3 Regulations may provide that a provision has effect as if the words “take all reasonable steps to” were omitted— a for a prescribed purpose, b in relation to a prescribed body, or c for a prescribed purpose in relation to a prescribed body. 4 If the words “take all reasonable steps to” are omitted by regulations under subsection (2) from each provision to which this section applies, regulations may omit section 89. PART 3 EDUCATION TRIBUNAL FOR WALES Constitution of the Education Tribunal for Wales 91 1 The Special Educational Needs Tribunal for Wales is to continue and is renamed the Education Tribunal for Wales. 2 The Tribunal is to consist of— a a President of the Tribunal, b a panel of persons who may serve as the legal chair of the Tribunal (“the legal chair panel”), and c a panel of persons who may serve as the other two members of the Tribunal but not as the legal chair (“the lay panel”). 3 The President is to be appointed by the Lord Chancellor ... . 4 Each member of the legal chair panel is to be appointed by the Lord Chancellor .... 5 The members of the lay panel are to be appointed by the Welsh Ministers with the agreement of the Secretary of State and the President. 6 Regulations made by the Welsh Ministers may— a provide for the jurisdiction of the Tribunal to be exercised by such number of tribunals as the President may determine from time to time, and b make any other provision in connection with the establishment and continuation of the Tribunal which are considered necessary or desirable. 7 The Welsh Ministers may provide staff and accommodation for the Tribunal. The President and members of the panels 92 1 A person may not be appointed as President or member of the legal chair panel unless he or she satisfies the judicial-appointment eligibility condition on a 5-year basis. 2 A person may not be appointed as a member of the lay panel unless he or she satisfies requirements which may be prescribed in regulations made by the Welsh Ministers. 3 If in the opinion of the Lord Chancellor and of the Lord Chief Justice the President is unfit to continue in office or is incapable of performing his or her duties, the Lord Chancellor may (with the agreement of the Lord Chief Justice) remove him or her from office. 4 Each member of the legal chair panel or lay panel is to hold and vacate office under the terms of the instrument under which he or she is appointed. 5 But a member of the legal chair panel or the lay panel may only be removed from office under the terms of the instrument with the agreement of the President. 6 The President or a member of the legal chair panel or lay panel— a may resign office by notice in writing to the Lord Chancellor or (as the case may be) the Welsh Ministers, and b is eligible for re-appointment if he or she ceases to hold office. Deputy President of the Tribunal 93 1 The President may appoint a member of the legal chair panel as Deputy President of the Tribunal. 2 A person appointed as Deputy President of the Tribunal holds and vacates that position in accordance with the terms of appointment. 3 A person ceases to be Deputy President if he or she ceases to be a member of the legal chair panel. 4 A person may resign as Deputy President by notice in writing to the President. 5 A Deputy President may exercise functions of the President if— a the President has delegated their exercise to the Deputy President, b the office of President is vacant, or c the President is unable for any reason to exercise them. Remuneration and expenses 94 The Welsh Ministers may— a pay remuneration and allowances to the President and any other person in respect of his or her service as a member of the Tribunal, and b defray the expenses of the Tribunal. PART 4 MISCELLANEOUS AND GENERAL Miscellaneous Meaning of “in the area” of a local authority 95 In section 579 of the Education Act 1996 (c. 56)— a in subsection (3A), after “Wales” insert “ or who would be wholly or mainly resident in the area of a local authority in Wales were it not for provision secured for the person under Part 2 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018 ” . b in subsection (3B), after “England” insert “ or who would be wholly or mainly resident in the area of a local authority in England were it not for provision secured for the person under Part 3 of the Children and Families Act 2014 ” . c After subsection (3B) insert— 3C The Welsh Ministers may make further provision by regulations about the meaning of references in this Act to a person who is “in the area” of a local authority in Wales. General Minor and consequential amendments and repeals 96 Schedule 1 provides for minor and consequential amendments and repeals. Power to make consequential and transitional provision etc. 97 1 If the Welsh Ministers consider it necessary or expedient for the purposes of, in consequence of, or for giving full effect to any provision of this Act, they may by regulations make— a any supplementary, incidental or consequential provision, and b any transitory, transitional or saving provision. 2 Regulations under this section may amend, repeal or revoke any enactment or statutory document. 3 A statutory document amended by regulations under this section must be published in its amended form by the person having the function of making or issuing the document. 4 In this section, “ statutory document ” means an instrument (other than a statutory instrument) that is— a made or issued under an enactment, and b subject to a National Assembly for Wales procedure required by an enactment before it may be made or issued. Regulations 98 1 A power to make regulations under this Act is to be exercised by statutory instrument. 2 A power to make regulations under this Act includes power to make— a different provision for different purposes or cases; b incidental, supplementary, consequential, transitory, transitional or saving provision. 3 A statutory instrument containing any of the following may not be made unless a draft of the instrument has been laid before, and approved by resolution of, the National Assembly for Wales— a regulations under section 3(4), 39(2), 45, 46, 60(4), 74(1), 75, 82, 83, 85, 90 or 99(8); b the first regulations made under section 15(2); c regulations made under section 97 which amend or repeal any provision of an Act of Parliament or a Measure or Act of the National Assembly for Wales. 4 Any other statutory instrument containing regulations made by the Welsh Ministers under this Act is subject to annulment in pursuance of a resolution of the National Assembly for Wales. General interpretation 99 1 In this Act— “ additional learning needs ” (“ anghenion dysgu ychwanegol ”) has the meaning given by section 2; “ additional learning provision ” (“ darpariaeth ddysgu ychwanegol ”) has the meaning given by section 3; “ beginning of detention ” (“ dechrau'r cyfnod o gadw person yn gaeth ”) has the meaning given by section 39; “ case friend ” (“ cyfaill achos ”) means a person appointed under section 85; “ child ” (“ plentyn ”) means a person not over compulsory school age; ... “detained person”(“ person sy'n cael ei gadw'n gaeth ”) has the meaning given by section 39; “ education ” (“ addysg ”) includes full-time and part-time education, but does not include higher education; and “ educational ” (“ addysgol ”) and “ educate ” (“ addysgu ”) (and other related terms) are to be interpreted accordingly; “ EHC plan ” (“ cynllun AIG ”) means a plan within section 37(2) of the Children and Families Act 2014 (c. 6) (education, health and care plans); “ enactment ” (“ deddfiad ”) means a provision contained in any of the following (whenever enacted or made)— an Act of Parliament; a Measure or an Act of the National Assembly for Wales (including a provision of this Act); subordinate legislation made under an Act falling within paragraph (a) or a Measure or Act falling within paragraph (b); “ governing body ” (“ corff llywodraethu ”), in relation to the governing body of an institution in the further education sector, has the meaning given by section 90 of the Further and Higher Education Act 1992 (c. 13); “ home authority ” (“ awdurdod cartref ”) has the meaning given by section 39; “ independent reviewing officer ” (“ swyddog adolygu annibynnol ”) has the meaning given by section 15; “ individual development plan ” (“ cynllun datblygu unigol ”) has the meaning given by section 10; “ institution in the further education sector ” (“ sefydliad yn y sector addysg bellach ”) means an institution falling within section 91(3) of the Further and Higher Education Act 1992; “ integrated care board ” (“ bwrdd gofal integredig ”) means a body established under section 14Z25 of the National Health Service Act 2006; “ lay panel ” (“ panel lleyg ”) means the panel of persons appointed under section 91(5); “ legal chair panel ” (“ panel cadeirydd cyfreithiol ”) means the panel of persons appointed under section 91(4) (and “ legal chair ” (“ cadeirydd cyfreithiol ”) means a member of the panel); “ local authority ” (“ awdurdod lleol ”) means the council of a county or county borough in Wales, except where specific reference is made to a local authority in England; “ Local Health Board ” (“ Bwrdd Iechyd Lleol ”) means a Local Health Board established under section 11 of the National Health Service (Wales) Act 2006 (c. 42); “ mainstream institution in the further education sector ” (“ sefydliad prif ffrwd yn y sector addysg bellach ”) means an institution in the further education sector that is not specially organised to provide education or training for persons with additional learning needs; “ mainstream maintained school ” (“ ysgol brif ffrwd a gynhelir ”) means a maintained school that is not— a special school, or a pupil referral unit; “ maintained school ” (“ ysgol a gynhelir ”) means— a community, foundation or voluntary school, a community or foundation special school not established in a hospital, a maintained nursery school, or a pupil referral unit; “ NHS England ” (“ GIG Lloegr ”) means the body established under section 1H of the National Health Service Act 2006; “ NHS body ” (“ corff GIG ”) means— a Local Health Board, or an NHS trust; “ NHS foundation trust ” (“ ymddiriedolaeth sefydledig GIG ”) has the meaning given by section 30 of the National Health Service Act 2006; “ NHS trust ” (“ ymddiriedolaeth GIG ”) means a National Health Service trust established under section 18 of the National Health Service (Wales) Act 2006; “personal education plan (“ cyllun addysg personol ”) has the meaning given by section 15; “ President ” (“ Llywydd ”) means the President of the Education Tribunal for Wales appointed under section 91; “ proprietor ” (“ perchennog ”), in relation to an institution that is not a school, means the person or body of persons responsible for the management of the institution; “ prescribed ” (“ rhagnodedig” and “a ragnodir ”) means prescribed in regulations; “pupil referral unit” (“ uned cyfeirio disgyblion “) has the meaning given by section 19(2) 19A(2) of the Education Act 1996 (c. 56); “ regulations ” (“ rheoliadau ”) means regulations made by the Welsh Ministers; “ relevant youth accommodation ” (“ llety ieuenctid perthnasol ”) has the meaning given by section 39; “ Special Health Authority ” (“ Awdurdod Iechyd Arbennig ”) means a Special Health Authority established under section 22 of the National Health Service (Wales) Act 2006 or section 28 of the National Health Service Act 2006; “ training ” (“ hyfforddiant ”) includes— full-time and part-time training; vocational, social, physical and recreational training; “ Tribunal ” (“ Tribiwnlys ”) means the Education Tribunal for Wales (see section 91); “ young person ” (“ person ifanc ”) means a person over compulsory school age, but under 25; “ youth offending team ” (“ tîm troseddwyr ifanc ”) means a team established under section 39 of the Crime and Disorder Act 1998 (c. 37). 2 In the definition of “maintained school” in subsection (1)— a a community, foundation or voluntary school, and b a community or foundation special school, have the meaning given by the School Standards and Framework Act 1998 (c. 31). 3 In this Act— a an institution in the further education sector is in Wales if its activities are carried on wholly or mainly in Wales; b an institution in the further education sector is in England if its activities are carried on wholly or mainly in England. 4 For the purposes of this Act, a local authority is responsible for a child or young person if he or she is in the area of the authority. 5 A reference in this Act (however expressed) to a child who is looked after by a local authority has the meaning given by section 15. 6 The Education Act 1996 (“ the 1996 Act ”) and the preceding provisions of this Act (except so far as they amend other Acts) are to be interpreted as if those provisions were contained in the 1996 Act. 7 Where an expression is given for the purposes of any provision of this Act a meaning different from that given to it for the purposes of the 1996 Act, that meaning is to apply for the purposes of that provision instead of the one given for the purposes of the 1996 Act. 8 Regulations may amend the definition of “NHS body” so that it includes a Special Health Authority established under section 22 of the National Health Service (Wales) Act 2006. Coming into force 100 1 This section and sections 1, 97, 98, 99 and 101 come into force on the day after the day on which this Act receives Royal Assent. 2 Paragraph 5 of Schedule 1 comes into force at the end of the period of two months beginning with the day on which this Act receives Royal Assent. 3 The remaining provisions of this Act come into force on a day appointed by the Welsh Ministers in an order made by statutory instrument. 4 An order under subsection (3) may— a appoint different days for different purposes or cases; b make transitory, transitional or saving provision in connection with the coming into force of a provision of this Act. Short title and inclusion as one of the Education Acts 101 1 The short title of this Act is the Additional Learning Needs and Education Tribunal (Wales) Act 2018. 2 This Act is to be included in the list of Education Acts set out in section 578 of the Education Act 1996 (c. 56). SCHEDULE 1 MINOR AND CONSEQUENTIAL AMENDMENTS AND REPEALS (introduced by section 96) Local Authority Social Services Act 1970 (c. 42) 1 In Schedule 1 to the Local Authority Social Services Act 1970 (social services functions), omit the entry for section 322 of the Education Act 1996. Children Act 1989 (c. 41) 2 1 The Children Act 1989 is amended as follows. 2 In section 23E(1A) (pathway plans)— a in paragraph (b), omit “Part 4 of the Education Act 1996 or”; b after paragraph (b), insert— ba Part 2 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018; . 3 In section 36 (education supervision orders), at the end, insert— 11 Where, for the purposes of the Additional Learning Needs and Education Tribunal (Wales) Act 2018, a local authority in Wales is responsible for a child or a child is looked after by a local authority in Wales, the reference to special educational needs in subsection (4) is to be interpreted as a reference to additional learning needs (which has the same meaning as in that Act). Tribunals and Inquiries Act 1992 (c. 53) 3 In Schedule 1 to the Tribunals and Inquiries Act 1992 (tribunals to which the Act applies), in Part 1, in the table— a in the first column, for “Special educational” substitute “ Additional learning ” ; b in the second column, for paragraph 40B substitute “ 40B The Education Tribunal for Wales ” . Education Act 1996 (c. 56) 4 1 The Education Act 1996 is amended as follows. 2 In section 7 (duty of parents to secure education of children of compulsory school age), in paragraph (b), after “special educational needs” insert “ (in the case of a child who is in the area of a local authority in England) or additional learning needs (in the case of a child who is in the area of a local authority in Wales) ” . 3 In section 14 (functions in respect of provision of primary and secondary schools)— a in subsection (4B), for “special educational needs” substitute “ additional learning needs ” ; b in subsection (6)(b), after “needs” insert “ (in the case of a local authority in England) or the need for securing that additional learning provision is made for pupils who have additional learning needs (in the case of a local authority in Wales) ” . 4 In section 15A (powers in respect of education and training), in subsection (3), in paragraph (b), for “learning difficulties (within the meaning of section 41(5) and (6) of the Learning and Skills Act 2000)” substitute “ additional learning needs ” . 5 In section 15B (functions in respect of education for persons over 19), in subsection (3), in paragraph (b), for “learning difficulties (within the meaning of section 41(5) and (6) of the Learning and Skills Act 2000)” substitute “ additional learning needs ” . 6 In section 18A (provision of education for persons subject to youth detention), in subsection (2)— a in paragraph (b), at the beginning, insert “ in the case of a local authority in England, ”; b in paragraph (bb), for “any learning difficulties (within the meaning of section 41(5) and (6) of the Learning and Skills Act 2000)” substitute “ any additional learning needs ”. 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 In section 29 (provision of information by local authorities), after subsection (4) insert— 4A In subsection (4) as it applies in relation to the Welsh Ministers, the reference to special educational needs is to be interpreted as a reference to additional learning needs. 9 Chapter 1 of Part 4 (children in Wales with special educational needs) is repealed. 10 In section 337 (special schools)— a the current provisions become subsection (1); b in subsection (1), after “A school” insert “ in England ” ; c after subsection (1) insert— 2 A school in Wales is a special school if it is specially organised to make additional learning provision for pupils with additional learning needs and it is maintained by a local authority. 11 Omit section 348 (provision of special education at non-maintained schools). 12 In section 349 (variation of trust deeds etc. by order)— a in subsection (1)— i for “appropriate national authority” substitute “ Secretary of State ” ; ii for “it” substitute “ the Secretary of State ” ; b omit subsection (1A). 13 In section 436A (duty to make arrangements to identify children not receiving education), in subsection (3), after “any special educational needs he may have” insert “ (in the case of a local authority in England) or suitable to the child's age, ability and aptitude and to any additional learning needs the child may have (in the case of a local authority in Wales) ” . 14 In section 438 (choice of school: child without plan or statement)— a in subsection (1), for “a statement under section 324” substitute “ a child for whom an individual development plan is maintained in which a particular school is named ” ; b in subsection (6), in paragraph (c), for “to any special educational needs he may have” substitute — i (in the case of a local authority in England) any special educational needs the child may have, or ii (in the case of a local authority in Wales) any additional learning needs the child may have ; c in the heading, for “or statement of special educational needs” substitute “ , or an individual development plan which names a school ” . 15 In section 440 (amendment of order at request of parent: child without plan or statement)— a in subsection (1), for “a statement under section 324” substitute “ a child for whom an individual development plan is maintained in which a particular school is named ” ; b in subsection (4), in paragraph (b), for “to any special educational needs he may have” substitute — i (in the case of a local authority in England) any special educational needs the child may have, or ii (in the case of a local authority in Wales) any additional learning needs the child may have ; c in the heading, for “or statement of special educational needs” substitute “ , or an individual development plan which names a school ” . 16 In section 441 (choice of school: child with plan or statement)— a in subsection (1)— i after “where a local authority” insert “ in England ” ; ii omit “(in the case of a local authority in England) or a statement under section 324 (in the case of a local authority in Wales)”; b in subsection (2), omit “or statement”; c in subsection (3)— i in the opening words, omit “or statement”; ii in paragraph (a), omit “or the statement”; d omit subsection (3A); e in subsection (4)— i in paragraph (a), omit “or a statement under section 324”; ii in paragraph (b), omit “or statement”; f in the heading, omit “or statement of special educational needs”. 17 After section 441 insert— Choice of school: child with individual development plan which names a school 441A 1 Where a local authority in Wales are required by virtue of section 437(3) to serve a school attendance order in respect of a child for whom an individual development plan is maintained in which a particular school is named, that school must be named in the order. 2 Where— a a school attendance order is in force in respect of a child for whom an individual development plan is maintained in which a particular school is named, and b the name of the school specified in the plan is changed, the local authority must amend the order accordingly. 3 Where— a a school attendance order is in force in respect of a child for whom no individual development plan is maintained in which a particular school is named, and b an individual development plan in which a particular school is named begins to be maintained for the child, the local authority must amend the order accordingly. 18 In section 442 (revocation of order at request of parent)— a in subsection (5)— i in the opening words, omit “or a statement under section 324 (in the case of a local authority in Wales)”; ii in paragraph (a), omit “or the statement”; iii in paragraph (b), omit “or the statement”; b after subsection (5) insert— 6 Where, in the case of a local authority in Wales, the child in question is one for whom an individual development plan is maintained by the authority or by another local authority— a subsections (2) to (4) do not apply if a school or other institution is named in the individual development plan, and b in any other case a direction under subsection (4) may require the authority maintaining the individual development plan to make such amendments to the plan as is considered necessary or expedient in consequence of the determination. 19 In section 458 (charges for board and lodging at boarding schools)— a in subsection (1), after “(5)” insert “ and section 49 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018 ” ; b at the end, insert— 6 In its application to a local authority in Wales, references in this section to special educational needs are to be interpreted as references to additional learning needs. 20 In section 463 (meaning of “independent school”), in subsection (1), in paragraph (b), for “is maintained or for whom a statement is maintained under section 324” substitute “ or an individual development plan is maintained ” . 21 In section 483A (city colleges and academies: special educational needs)— a in subsection (1), omit “if the condition in subsection (3) is satisfied”; b in subsection (2), in paragraph (a), for “or a statement under section 324 is maintained” substitute “ is maintained by a local authority in England, or for whom an individual development plan is maintained by a local authority in Wales ” ; c omit subsection (3); d in subsection (4)— i in paragraph (a), for “the plan or the statement” substitute “ the EHC plan, or for making the additional learning provision specified in the individual development plan (as the case may be) ” ; ii in paragraph (b), for “the plan or the statement” substitute “ the EHC plan or the individual development plan ” ; e in the heading, after “needs” insert “ and additional learning needs ” . 22 In section 510 (provision of clothing), in subsection (2), after “special educational provision” insert “ or additional learning provision (as the case may be) ” . 23 In section 514 (provision of board and lodging otherwise than at a school)— a in subsection (2), after “local authority” insert “ in England ” ; b at the end, insert— 8 In its application to a local authority in Wales, references in this section to special educational needs are to be interpreted as references to additional learning needs. 24 In section 517 (payment of fees at schools not maintained by a local authority)— a in subsection (1), omit “, Part 4 (special educational needs)”; b in subsection (6), omit paragraph (e); c at the end, insert— 8 In this section as it applies where a local authority in Wales makes arrangements under section 18 for primary or secondary education to be provided for a pupil at a school not maintained by a local authority— a references to special educational needs are to be interpreted as references to additional learning needs, and b references to special educational provision are to be interpreted as references to additional learning provision. 9 Subsection (5) does not apply where board and lodging is secured for a pupil under Part 2 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018. 25 Omit section 562C (detained person with statement of special educational needs). 26 Omit section 562D (appropriate special educational provision: arrangements between local authorities). 27 In section 562F (provision of information about detained persons), omit subsections (5) and (6). 28 Omit section 562G (information about detained person to be provided where statement of special educational needs previously maintained). 29 Omit section 562H (release of detained person appearing to host authority to require assessment). 30 In section 569 (regulations)— a in subsection (2B)— i omit “332ZC, 332AA, 332BA, 332BB, 336,”; ii for “or 444B” substitute “ , 444B or (unless subsection (2BA) applies) Chapter 5A ” ; b after subsection (2B), insert— 2BA A statutory instrument which contains (whether alone or with other provision) regulations made by the Welsh Ministers under both section 562J(4) and section 39(2) of the Additional Learning Needs and Education Tribunal (Wales) Act 2018 may not be made unless a draft of the instrument has been laid before, and approved by resolution of, the National Assembly for Wales. 2BB A statutory instrument which contains (whether alone or with other provision) regulations under section 579(3C) may not be made unless a draft of the instrument has been laid before, and approved by resolution of, the National Assembly for Wales. ; c omit subsections (5) and (6). 31 Omit section 569A (regulations made by the Welsh Ministers under Chapter 5A). 32 In section 579 (general interpretation)— a in subsection (1)— i in the definition of “special educational needs”, omit paragraph (b); ii in the definition of “special educational provision”, omit paragraph (b); iii insert the following definitions at the appropriate places— “ additional learning needs ” has the meaning given by section 2 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018; ; “ additional learning provision ” has the meaning given by section 3 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018; ; “ individual development plan ” means a plan within Part 2 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018; ; b omit subsection (1A). 33 In section 580 (index)— a insert the following entries in the appropriate places— additional learning needs section 579(1) ; additional learning provision section 579(1) ; individual development plan section 579(1) ; b omit the following entries— the appropriate national authority (in Chapter 2 of Part 4) section 337A ; the chairmen's panel (in Part IV) section 333(2) ; child for whom a local authority are responsible (in Part IV) section 321(3) ; the lay panel (in Part IV) section 333(2) ; learning difficulty (in relation to a child in the area of a local authority in Wales) section 312(2) and (3) (subject to subsection (3A)) ; the President (in Part IV) section 333(2) ; responsible for a child (in Part IV in relation to a local authority) section 321(3) ; subject to learning difficulty assessment section 579(1) ; the Tribunal (in Part IV) (in Chapter 1 of Part 4) section 313(5) ; c in the entries for “Child”, omit the entry for “(in Part IV)”; d in the entry for “grant maintained special school”, for “sections 337(4) and” substitute “ section ” ; e in the entries for “incorporation date”, omit the entry for “(in Part IV)”; f in the entries for “maintained school”, omit the entry for “(in Part IV)”; g in the entry for “maintained special school”, for “, 33(1) and 337(3)” substitute “ and 33(1) ” . 34 In Schedule 36A (education functions), in paragraph 2, in the entry for the Learning and Skills Act 2000, omit the entry for section 140(5). 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 In consequence of the amendments made by paragraphs 4 and 5— a in Schedule 7 to the Education Act 1997 (c. 44) (minor and consequential amendments), omit paragraphs 23 and 24; b in Schedule 30 to the School Standards and Framework Act 1998 (c. 31) (minor and consequential amendments), omit paragraphs 71 to 79, 81, 84 and 186; c in the Special Educational Needs and Disability Act 2001 (c. 10)— i Part 1 (special educational needs) is repealed; ii in Part 1 of Schedule 8 (minor and consequential amendments: the 1996 Act), omit paragraphs 3, 6 to 11, 13, 14 and 15(3); d in the Education Act 2002 (c. 32)— i omit section 173 (right of access of local authority); ii omit section 194(2) (local authorities' powers to make regional provision); iii in Part 2 of Schedule 7 (Academies: supplementary), omit paragraph 6(3); iv in Schedule 18 (Special Educational Needs Tribunal for Wales) omit paragraphs 1 to 3, 6, 15, 17 (and the cross-heading that precedes it) and 18; v in Schedule 18, in paragraph 13, for “Special Educational Needs Tribunal for Wales under section 333(2) of the Education Act 1996 (c 56)” substitute “ Education Tribunal for Wales under section 91(5) of the Additional Learning Needs and Education Tribunal (Wales) Act 2018 ” ; vi in Schedule 21 (minor and consequential amendments) omit paragraphs 36 to 44 and 58; e in Schedule 4 to the Health and Social Care (Community Health and Standards Act 2003 (c. 43) (amendments relating to NHS foundation trusts), omit paragraph 104 (and the cross-heading which precedes it) and paragraph 105; f in Part 1 of Schedule 4 to the Constitutional Reform Act 2005 (c. 4), omit paragraph 259; g in Part 1 of Schedule 10 to the Tribunals, Courts and Enforcement Act 2007 (c. 15) (amendments relating to judicial appointments), omit paragraph 28; h in Schedule 18 to the Education Act 2005 (c. 18) (miscellaneous amendments), omit paragraph 2; i in Schedule 2 to the Childcare Act 2006 (c. 21) (minor and consequential amendments), omit paragraph 22; j in the Education and Inspections Act 2006 (c. 40)— i omit section 173 (special educational needs co-ordinators); ii omit section 174 (time limits relating to statements of special educational needs); k in Schedule 1 to the National Health Service (Consequential Provisions) Act 2006 (c. 43) (consequential amendments) , omit paragraph 182; l in the Education and Skills Act 2008 (c. 25)— i in section 147 (approval of independent schools: consequential amendments), in subsection (2) omit paragraphs (a) and (b), and omit subsection (3); ii in Schedule 1 (amendments), omit paragraphs 7 and 10; iii in Schedule 1 (amendments), in paragraph 11, omit the following entry— the appropriate national authority (in Chapter 2 of Part 4) section 337A ; m in the Education (Wales) Measure 2009 (nawm 7)— i omit sections 1 to 7 (special education needs appeals); ii in the Schedule (minor and consequential amendments) omit paragraph 1 (and the heading which precedes it), and paragraphs 2 to 5; n in the Apprenticeships, Skills, Children and Learning Act 2009 (c. 22)— i omit section 52 (release from detention of child or young person with special educational needs); ii in Schedule 2 (local authority functions: minor and consequential amendments), omit paragraphs 6 and 11; o in Schedule 26 to the Equality Act 2010 (c. 15) (amendments), omit paragraphs 36 and 37; p in Schedule 13 to the Education Act 2011 (consequential amendments), in paragraph 9, omit sub-paragraphs (4) and (5); q in Schedule 5 to the Health and Social Care Act 2012 (c. 7) (amendments), omit paragraphs 78 and 79; r in Part 3 of Schedule 9 to the Crime and Courts Act 2013 (c. 22) (single county court: amendments), in paragraph 52(2) omit the entry for the Education Act 1996; s in Schedule 3 to the Children and Families Act 2014 (c. 6) (consequential amendments), omit paragraphs 9 to 35 and paragraphs 38, 41(2)(b) (and the “and” which precedes it), 42(d) (and accordingly place the “and” which precedes it after sub-paragraph (b)), 44(3) and (4), 55 to 58, 59(c) and 60(c) and (g); t omit paragraph 5. School Standards and Framework Act 1998 (c. 31) 7 1 The School Standards and Framework Act 1998 is amended as follows. 2 In section 96(7) (direction to admit child to specified school), for “to any special educational needs” substitute “ (in the case of a local authority in England) to any special educational needs or (in the case of a local authority in Wales) to any additional learning needs ” . 3 In section 98(7) (admission for nursery education or to nursery or special school: children with statements of special educational needs or EHC plans), for “statements of special educational needs are maintained under section 324 of the Education Act 1996” substitute “ individual development plans are maintained under Part 2 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018 in respect of which section 48 of that Act applies (duty to admit children to maintained schools) ” . 4 In section 123 (nursery education - children with special educational needs)— a in subsection (1)(a), after “authority” insert “ in England ” ; b in the words after subsection (1)(b), omit “or section 313(2) of the Education Act (in the case of education in Wales)”; c in subsection (2), omit “or (as the case may be) Part IV of the Education Act 1996”; d in subsection (3)(a), omit “or (as the case may be) Part IV of the Education Act”; e in subsection (3A)(b), omit “or statement under section 324 of the Education Act”; f in subsection (4), omit paragraph (b). Learning and Skills Act 2000 (c. 21) 8 1 The Learning and Skills Act 2000 is amended as follows. 2 In section 33N (the local curriculum: interpretation), in the definition of “institution”, for “a learning difficulty” to the end substitute “ additional learning needs (within the meaning given by the Additional Learning Needs and Education Tribunal (Wales) Act 2018); ” . 3 In section 33P (application of local curriculum provisions to students who are registered pupils of special schools or who have learning difficulties)— a in the heading, for “learning difficulties” substitute “ additional learning needs ” ; b in subsection (3)(b)(ii), for “a learning difficulty” substitute “ additional learning needs ” . Education Act 2002 (c. 32) 9 1 The Education Act 2002 is amended as follows. 2 In section 153(2) (funded nursery education), after paragraph (a) insert— ab must make provision in the arrangements requiring the provider of the nursery education to have regard to any relevant guidance included in the code on additional learning needs issued under section 4 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018, and . 3 Omit section 174 (consent to placement). Constitutional Reform Act 2005 (c. 4) 10 In paragraph 4 of Schedule 7 to the Constitutional Reform Act 2005 (protected functions of the Lord Chancellor)— a omit the entry for section 333(3) of the Education Act 1996 (c. 56); b insert the following entry in the appropriate place— “ Additional Learning Needs and Education Tribunal (Wales) Act 2018 Section 91(3) and (4) ” . National Health Service Act 2006 (c. 41) 11 In Schedule 1 to the National Health Service Act 2006 (further provision about the Secretary of State and services), in paragraph 2(1)(b)— a omit “or 319”; b after “the Education Act 1996 (c. 56)” insert “ or section 53 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018 ” . National Health Service (Wales) Act 2006 (c. 42) 12 In Schedule 1 to the National Health Service (Wales) Act 2006 (further provision about the Welsh Ministers and services), in paragraph 2(1)(b)— a omit “or 319”; b after “the Education Act 1996 (c 56)” insert “ section 53 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018 or section 61 of the Children and Families Act 2014 (c. 6) ” . Tribunals, Courts and Enforcement Act 2007 (c. 15) 13 In Part 7 of Schedule 6 to the Tribunals, Courts and Enforcement Act 2007 (tribunals for the purposes of section 32(3)), omit the entry for the Special Educational Needs Tribunal for Wales. Learner Travel (Wales) Measure 2008 (nawm 2) 14 1 The Learner Travel (Wales) Measure 2008 is amended as follows. 2 In section 1 (main terms used in the Measure), in subsection (4)— a in paragraph (c), for “statements maintained under section 324 of the Education Act 1996 (c.56)” substitute “ individual development plans maintained under section 14 or 19 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018 ” ; b for paragraph (h) substitute— h independent special post-16 institutions within the meaning given by section 56 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018 which are named in individual development plans maintained under section 14 or 19 of that Act; . 3 In section 3 (local authority duty to make transport arrangements), in the table— a in the first column— i for “named in a statement maintained for the child under section 324 of the Education Act 1996” the first and second time it appears substitute “ or other institution named in an individual development plan maintained for the child under section 14 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018 ” ; ii for “named in a statement maintained for the child under section 324 of the Education Act 1996” the third and fourth time it appears substitute “ or other institution named in an individual development plan maintained for the child under section 19 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018 ” ; b in the second columnfor “named in a statement maintained for the child under section 324 of the Education Act 1996” the first and second time it appears substitute “ or other institution named in an individual development plan maintained for the child under section 14 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018 ” . 4 In section 14 (enforcement of travel behaviour code: withdrawal of travel arrangements), in subsection (11), in paragraph (b)(ii) for ”special educational needs” substitute “ learning difficulty ” . Education and Skills Act 2008 (c.25) 15 1 The Education and Skills Act 2008 is amended as follows. 2 Omit section 143(3) (religious education and worship in non-maintained special schools). 3 Omit section 146 (abolition of requirement of approval for independent schools: England). 4 Omit section 148 (approval of independent schools: transitional provision). 5 In Schedule 1 (minor and consequential amendments), omit paragraphs 75 (and the heading that precedes it) and 77. Learning and Skills (Wales) Measure 2009 (nawm 2) 16 In the Schedule to the Learning and Skills (Wales) Measure 2009 (minor and consequential amendments), omit paragraph 10. Apprenticeships, Skills, Children and Learning Act 2009 (c. 22) 17 In section 129 of the Apprenticeships, Skills, Children and Learning Act 2009 (general duties of Ofqual), in subsection (2)— a in paragraph (b), after “special educational needs” insert “ or additional learning needs ” ; b in paragraph (c), after “special educational needs” insert “ or additional learning needs ” . Education (Wales) Measure 2009 (nawm 7) 18 1 The Education (Wales) Measure 2009 is amended as follows. 2 Omit sections 17 to 19 (piloting of provisions about appeals and claims by a child). 3 In section 24 (orders and regulations)— a omit subsection (3); b in subsection (4) omit “18 or”. 4 Omit section 25 (orders under section 18: procedure). Equality Act 2010 (c. 15) 19 1 The Equality Act 2010 is amended as follows. 2 In section 116(1)(b) (education cases), for “Special Educational Needs Tribunal for Wales” substitute “ Education Tribunal for Wales ” . 3 In section 136(6)(e) (burden of proof), for “Special Educational Needs Tribunal for Wales” substitute “ Education Tribunal for Wales ” . 4 In section 209(3) (orders and regulations made by the Welsh Ministers), after paragraph (d) insert— e regulations under paragraph 6, 6A or 6F of Schedule 17 (tribunal procedure, case friends and capacity of parents and persons over compulsory school age). 5 In Schedule 17 (disabled pupils: enforcement)— a in paragraph 1— i in paragraph (b) of the definition of “Tribunal”, for “Special Educational Needs Tribunal for Wales” substitute “ Education Tribunal for Wales ” ; ii in the definition of “Welsh Tribunal”, for “Special Educational Needs Tribunal for Wales” substitute “ Education Tribunal for Wales ” ; b in the heading of paragraph 3, omit “and Wales”; c in paragraph 3— i after “responsible body” insert “ in England ” ; ii omit paragraph (b); d in paragraph 3A— i in sub-paragraph (1), for “that person (“ the relevant person ”)” substitute— a the person (including a child not over compulsory school age), or b if the person is a child not over compulsory school age, the person's parent ; ii omit sub-paragraph (3); iii in sub-paragraph (4), for “6A” insert “ 6A(7) ” ; e in paragraph 6— i in sub-paragraph (2)(a), omit “3 or”; ii in sub-paragraph (7), for “Part 4 of the Education Act 1996 (special educational needs)” substitute “ Part 2 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018 ” ; f after paragraph 6 insert— Appeals from the Welsh Tribunal 6AA 1 A party to any proceedings on a claim under paragraph (3A) before the Welsh Tribunal may appeal to the Upper Tribunal on any point of law arising from a decision made by the Welsh Tribunal in those proceedings. 2 An appeal may be brought under sub-paragraph (1) only if, on an application made by the party concerned, the Welsh Tribunal or the Upper Tribunal has given its permission. 3 Section 12 of the Tribunals, Courts and Enforcement Act 2007 (c. 15) (proceedings on appeal to the Upper Tribunal) applies in relation to appeals to the Upper Tribunal under this paragraph as it applies in relation to appeals to it under section 11 of that Act, but as if references to the First-tier Tribunal were references to the Welsh Tribunal. g for paragraph 6A substitute— 6A 1 This paragraph applies to a child not over compulsory school age who— a has the right to make a claim under paragraph 3A, and b lacks the capacity to understand what it means to exercise that right. 2 The Education Tribunal for Wales may by order— a appoint a person to be a case friend for a child to whom this section applies, or b remove the person from being a case friend for the child, on the application of any person or on its own initiative, subject to provision in regulations under sub-paragraph (7). 3 A case friend appointed for a child under this paragraph may— a represent and support the child, and b take decisions and act on behalf of the child, in respect of matters arising under or by virtue of this Schedule, subject to provision in regulations under sub-paragraph (7). 4 Where a person is appointed to be a case friend by order of the Tribunal under this paragraph, the right of a child to make a claim under paragraph 3A is to be exercised by the case friend on behalf of the child. 5 A case friend appointed under this paragraph must— a act fairly and competently, b not have any interest adverse to that of the child, c ensure that all steps and decisions taken by the case friend are for the benefit of the child, and d take account of the child's views, so far as possible. 6 In deciding whether to appoint a person to be a case friend, or to remove a person from being a case friend, the Tribunal must have regard, in particular, to whether the person is likely to comply (in the case of appointment) or has complied (in the case of removal) with the duty in sub-paragraph (5). 7 The Welsh Ministers may by regulations make further provision about case friends, including (among other things) provision— a conferring functions on the Education Tribunal for Wales; b conferring functions on case friends; c for procedures in relation to case friends; d specifying the circumstances in which a person may or may not act as a case friend; e specifying the circumstances in which a child must have a case friend; f specifying requirements in respect of the conduct of case friends; g applying any enactment with or without modifications for the purpose of enabling a case friend to make decisions or act on behalf of a child in respect of matters arising under or by virtue of this Schedule. ; h after paragraph 6E insert— Capacity of parents and persons over compulsory school age - Wales 6F 1 The Welsh Ministers must make regulations for the purpose of a claim that a responsible body for a school in Wales has contravened Chapter 1 of Part 6 in relation to a person because of disability in a case to which sub-paragraph (2) or (3) applies. 2 This sub-paragraph applies where the person is a child not over compulsory school age and the parent of the person lacks capacity at the relevant time. 3 This sub-paragraph applies where the person is over compulsory school age and lacks capacity at the relevant time. 4 Regulations under sub-paragraph (1) may include provision applying any enactment with modifications, including (for example) provision for modifications to have effect despite section 27(1)(g) of the Mental Capacity Act 2005 (c. 9) (which does not permit decisions on discharging parental responsibilities in matters not relating to a child's property to be made on a person's behalf). 5 In this paragraph “ the relevant time ” means the time at which, under this Act, something is required or permitted to be done by or in relation to a parent or a person over compulsory school age. 6 The reference in this paragraph to lacking capacity is to lacking capacity within the meaning of the Mental Capacity Act 2005. 7 “ Representative ”, in relation to a parent or a person over compulsory school age, means— a a deputy appointed by the Court of Protection under section 16(2)(b) of the Mental Capacity Act 2005 to make decisions on the parent's or person's behalf in relation to matters within this Schedule; b the donee of a lasting power of attorney (within the meaning of section 9 of that Act) appointed by the parent or person to make decisions on his or her behalf in relation to matters within this Schedule; c an attorney in whom an enduring power of attorney (within the meaning of Schedule 4 to that Act) created by the parent or person is vested, where the power of attorney is registered in accordance with paragraphs 4 and 13 of that Schedule or an application for registration of the power of attorney has been made. 6 In consequence of the amendments made by sub-paragraph (5)(d), in the Education (Wales) Measure 2009 (nawm 7), omit section 12. Welsh Language (Wales) Measure 2011 (nawm 1) 20 In Schedule 6 to the Welsh Language (Wales) Measure 2011 (public bodies etc.: standards), in the table, in column 1, for “The Special Educational Needs Tribunal for Wales (“ Tribiwnlys Anghenion Addysgol Arbennig Cymru ”)” substitute “ The Education Tribunal for Wales (“ Tribiwnlys Addysg Cymru ”) ” . Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10) 21 1 The Legal Aid, Sentencing and Punishment of Offenders Act 2012 is amended as follows. 2 In Schedule 1 (civil legal services)— a in Part 1, in paragraph 2— i in sub-paragraph (1)(a), for “Part 4 of the Education Act 1996” substitute “ Part 2 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018 ” ; ii omit sub-paragraph (1)(b); b in Part 3, in paragraph 17— i for “Special Educational Needs” substitute “ Education ” ; ii for sub-paragraph (a) substitute— a Part 2 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018, . School Standards and Organisation (Wales) Act 2013 (anaw 1) 22 1 The School Standards and Organisation (Wales) Act 2013 is amended as follows. 2 In section 1(10) (overview) for “special educational” substitute “ additional learning ” . 3 In Part 3, in Chapter 4 (regional provision for special educational needs)— a in the chapter title, for “SPECIAL EDUCATIONAL” substitute “ ADDITIONAL LEARNING ” ; b in section 64 (meaning of “ regional provision ” and “ special education functions ”)— i in the section heading, for “special education” substitute “ additional learning needs ” ; ii for the definition of “special education functions” substitute— ”additional learning needs functions” (“ swyddogaethau anghenion dysgu ychwanegol ”) means functions under Part 2 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018. ; c in section 65(1) (direction to consider making regional provision)— i for “special education functions” substitute “ additional learning needs functions ” ; ii for “special educational needs” substitute “ additional learning needs ” . d in section 66(1) (directions to make proposals to secure regional provision), for “special education” substitute “ additional learning needs ” . 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 In section 98(3) (general interpretation and index of defined expressions), for “special education functions” (“ swyddogaethau addysg arbennig ”)” substitute “additional learning needs functions” (“ swyddogaethau anghenion dysgu ychwanegol ”)”. 6 In Schedule 2 (regulated alterations)— a in paragraph 15— i in the heading, for “Special educational” substitute “ Additional learning ” ; ii in sub-paragraph (1), for “special educational” substitute “ additional learning ” ; iii in sub-paragraph (2), for “special educational” substitute “ additional learning ” ; b in paragraph 21— i in the heading, for “Special educational” substitute “ Additional learning ” ; ii for “special educational” substitute “ additional learning ” ; c in paragraph 23(3), in paragraph (a), for “assessed under section 323 of the Education Act 1996 and pupils with statements of special educational needs maintained under section 324 of that Act” substitute “ determined under Part 2 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018 and pupils with individual development plans maintained under that Act ” ; d in paragraph 24— i in the heading, for “Special educational” substitute “ Additional learning ” ; ii in sub-paragraph (1), for “special educational” substitute “ additional learning ” ; iii in sub-paragraph (2), for “special educational” substitute “ additional learning ” . Children and Families Act 2014 (c. 6) 23 1 The Children and Families Act 2014 is amended as follows. 2 In section 35(1) (children with SEN in maintained nurseries and mainstream schools), after “mainstream school” insert “ in England ” . 3 In section 43(1) (schools and other institutions named in EHC plan: duty to admit)— a in paragraph (a), after “school” insert “ in England ” ; b in paragraph (b), after “school” insert “ in England ” ; c in paragraph (e), after “school” insert “ in England ” . 4 Omit section 81 (disapplication of Chapter 1 of Part 4 of the Education Act 1996 in relation to children in England). 5 In section 83(6) (interpretation of Part 3), after “Wales” insert “ or who would be wholly or mainly resident in the area of a local authority in Wales were it not for provision secured for the child or young person under Part 2 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018 ” . 6 In Schedule 3 (consequential amendments), omit paragraph 73. Social Services and Well-being (Wales) Act 2014 (anaw 4) 24 1 The Social Services and Well-being (Wales) Act 2014 is amended as follows. 2 In section 3 (meaning of “child” etc.), in subsection (3), after “ “child”” insert “ (except in section 83(2C)) ” . 3 In section 182 (provision of advocacy services: restrictions), in subsection (1)(d), for “332BB of the Education Act 1996” substitute “ 69 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018 ” . 4 In section 196 (orders and regulations), in subsection (6), after paragraph (c) insert— ca the first regulations made under section 83(2B); . 5 In section 197 (general interpretation and index), in the definition of “child”, after “(“ plentyn ”)” insert “ , except in section 83(2C), ” . 6 In Schedule 2 (social services functions), in table 1— a omit the entry for the Education Act 1996 (section 322 of that Act); b insert the following entry at the appropriate place— Children and Families Act 2014 The duty to comply with a request under section 31, but only in respect of requests to exercise social services functions. Duty to comply with a request for co-operation by a local authority in England for the purpose of exercise of functions under Part 3 of the Children and Families Act 2014. c insert the following entry at the appropriate place— Additional Learning Needs and Education Tribunal (Wales) Act 2018 The duty to comply with a request under section 65, but only in respect of requests to exercise social services functions. Duty to exercise functions to provide information or other help on request by a local authority for the purpose of exercise of functions by the authority under Part 2 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018 S. 4(9A) inserted (25.5.2018) by Data Protection Act 2018 (c. 12) , s. 212(1) , Sch. 19 para. 226(2)(b) (with ss. 117 , 209 , 210 ); S.I. 2018/625 , reg. 2(1)(g) Words in s. 4(9) omitted (25.5.2018) by virtue of Data Protection Act 2018 (c. 12) , s. 212(1) , Sch. 19 para. 226(2)(a) (with ss. 117 , 209 , 210 ); S.I. 2018/625 , reg. 2(1)(g) Words in s. 91(3) omitted (10.4.2019) by virtue of The Additional Learning Needs and Education Tribunal (Wales) Act 2018 (Supplementary Provisions) Regulations 2019 (S.I. 2019/794) , regs. 1(2) , 2(2) Words in s. 91(4) omitted (10.4.2019) by virtue of The Additional Learning Needs and Education Tribunal (Wales) Act 2018 (Supplementary Provisions) Regulations 2019 (S.I. 2019/794) , regs. 1(2) , 2(3) S. 5 in force at 2.11.2020 by S.I. 2020/1182 , reg. 2(a) S. 15 in force at 2.11.2020 by S.I. 2020/1182 , reg. 2(b) S. 37 in force at 2.11.2020 by S.I. 2020/1182 , reg. 2(c) S. 39 in force at 2.11.2020 by S.I. 2020/1182 , reg. 2(d) S. 45 in force at 2.11.2020 by S.I. 2020/1182 , reg. 2(e) S. 46 in force at 2.11.2020 by S.I. 2020/1182 , reg. 2(e) S. 67 in force at 2.11.2020 by S.I. 2020/1182 , reg. 2(f) S. 74 in force at 2.11.2020 by S.I. 2020/1182 , reg. 2(g) S. 82 in force at 2.11.2020 by S.I. 2020/1182 , reg. 2(h) S. 16 in force at 2.11.2020 for specified purposes by S.I. 2020/1182 , reg. 3(1)(a) S. 21 in force at 2.11.2020 for specified purposes by S.I. 2020/1182 , reg. 3(1)(b) S. 32 in force at 2.11.2020 for specified purposes by S.I. 2020/1182 , reg. 3(1)(c) S. 36 in force at 2.11.2020 for specified purposes by S.I. 2020/1182 , reg. 3(1)(d) S. 54 in force at 2.11.2020 for specified purposes by S.I. 2020/1182 , reg. 3(1)(e) S. 56 in force at 2.11.2020 for specified purposes by S.I. 2020/1182 , reg. 3(1)(f) S. 60 in force at 2.11.2020 for specified purposes by S.I. 2020/1182 , reg. 3(1)(g) S. 65 in force at 2.11.2020 for specified purposes by S.I. 2020/1182 , reg. 3(1)(h) S. 75 in force at 2.11.2020 for specified purposes by S.I. 2020/1182 , reg. 3(1)(i) S. 76 in force at 2.11.2020 for specified purposes by S.I. 2020/1182 , reg. 3(1)(i) S. 77 in force at 2.11.2020 for specified purposes by S.I. 2020/1182 , reg. 3(1)(i) S. 83 in force at 2.11.2020 for specified purposes by S.I. 2020/1182 , reg. 3(1)(j) S. 85 in force at 2.11.2020 for specified purposes by S.I. 2020/1182 , reg. 3(1)(k) S. 91 in force at 2.11.2020 for specified purposes by S.I. 2020/1182 , reg. 3(1)(l) S. 92 in force at 2.11.2020 for specified purposes by S.I. 2020/1182 , reg. 3(1)(l) S. 95 in force at 2.11.2020 for specified purposes by S.I. 2020/1182 , reg. 3(1)(m) S. 96 in force at 2.11.2020 for specified purposes by S.I. 2020/1182 , reg. 3(1)(n) S. 4 in force at 2.11.2020 for specified purposes by S.I. 2020/1182 , reg. 3(2)(a) S. 7 in force at 2.11.2020 for specified purposes by S.I. 2020/1182 , reg. 3(2)(b) S. 8 in force at 2.11.2020 for specified purposes by S.I. 2020/1182 , reg. 3(2)(b) S. 47 in force at 2.11.2020 for specified purposes by S.I. 2020/1182 , reg. 3(2)(c) Sch. 1 para. 19(1)(4)(5)(g)(h) in force at 2.11.2020 for specified purposes by S.I. 2020/1182 , reg. 3(1)(n) S. 56(4)-(6) in force at 4.1.2021 in so far as not already in force by S.I. 2020/1182 , reg. 4(2)(b) S. 61 in force at 4.1.2021 by S.I. 2020/1182 , reg. 4(1) S. 62 in force at 4.1.2021 by S.I. 2020/1182 , reg. 4(1) S. 56(1) in force at 4.1.2021 in so far as not already in force by S.I. 2020/1182 , reg. 4(2)(a) S. 60 in force at 4.1.2021 in so far as not already in force by S.I. 2020/1182 , reg. 4(2)(c) Sch. 1 para. 24(1) in force at 22.6.2021 for specified purposes by S.I. 2021/373 , art. 7A(a) (as inserted by S.I. 2021/735 , art. 2(4) ) Sch. 1 para. 24(4) in force at 22.6.2021 by S.I. 2021/373 , art. 7A(b) (as inserted by S.I. 2021/735 , art. 2(4) ) Sch. 1 para. 6(t) in force at 1.9.2021 by S.I. 2021/373 , art. 8(j)(xx) Sch. 1 para. 4(30)(b) in force at 1.9.2021 by S.I. 2021/373 , art. 8(j)(x) Sch. 1 para. 4(1)-(10) in force at 1.9.2021 for specified purposes by S.I. 2021/373 , arts. 3 , 4 (as amended by S.I. 2021/938 , art. 2(3) ) Sch. 1 para. 4(13)-(18) in force at 1.9.2021 for specified purposes by S.I. 2021/373 , arts. 3 , 4 (as amended by S.I. 2021/938 , art. 2(3) ) Sch. 1 para. 4(23)-(29) in force at 1.9.2021 for specified purposes by S.I. 2021/373 , arts. 3 , 4 (as amended by S.I. 2021/938 , art. 2(3) ) Sch. 1 para. 14(1)-(3) in force at 1.9.2021 for specified purposes by S.I. 2021/373 , arts. 3 , 4 (as amended by S.I. 2021/938 , art. 2(3) ) Sch. 1 para. 4(1)-(10) in force at 1.9.2021 for specified purposes by S.I. 2021/373 , arts. 6 , 7 (as amended by S.I. 2021/938 , art. 2(4)(5) ) Sch. 1 para. 4(13)-(18) in force at 1.9.2021 for specified purposes by S.I. 2021/373 , arts. 6 , 7 (as amended by S.I. 2021/938 , art. 2(4)(5) ) Sch. 1 para. 4(23)-(29) in force at 1.9.2021 for specified purposes by S.I. 2021/373 , arts. 6 , 7 (as amended by S.I. 2021/938 , art. 2(4)(5) ) Sch. 1 para. 14(1)-(3) in force at 1.9.2021 for specified purposes by S.I. 2021/373 , arts. 6 , 7 (as amended by S.I. 2021/938 , art. 2(4)(5) ) Sch. 1 para. 19(5)(a)-(d) in force at 1.9.2021 by S.I. 2021/373 , art. 8(j)(xxxiii) Sch. 1 para. 23(3)(a)-(c), (5) in force at 1.9.2021 by S.I. 2021/373 , art. 8(j)(xxxviii) Act restricted (1.9.2021) by 1996 (c. 56), s. 569(2BA) (as inserted by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2) , s. 100(3) , Sch. 1 para. 4(30)(b) ; S.I. 2021/373 , art. 8(j)(x) ) S. 88 applied (with modifications) (1.9.2021) by The Additional Learning Needs (Wales) Regulations 2021 (S.I. 2021/401) , regs. 1(2) , 3 Act excluded (1.9.2021) by The Additional Learning Needs (Wales) Regulations 2021 (S.I. 2021/401) , reg. 5 Act applied (with modifications) (1.9.2021) by The Additional Learning Needs (Wales) Regulations 2021 (S.I. 2021/401) , reg. 22(4) , Sch. 2 Act applied (with modifications) (1.9.2021) by The Additional Learning Needs (Wales) Regulations 2021 (S.I. 2021/401) , reg. 23(3) , Sch. 2 S. 11(4) modified (1.9.2021) by The Additional Learning Needs (Wales) Regulations 2021 (S.I. 2021/401) , regs. 1(2) , 35(1)(a) S. 13(3) modified (1.9.2021) by The Additional Learning Needs (Wales) Regulations 2021 (S.I. 2021/401) , regs. 1(2) , 35(1)(b) S. 18(3) modified (1.9.2021) by The Additional Learning Needs (Wales) Regulations 2021 (S.I. 2021/401) , regs. 1(2) , 35(1)(c) S. 20(3)(a)(b) modified (1.9.2021) by The Additional Learning Needs (Wales) Regulations 2021 (S.I. 2021/401) , regs. 1(2) , 35(1)(d) S. 22(1)(b) modified (1.9.2021) by The Additional Learning Needs (Wales) Regulations 2021 (S.I. 2021/401) , regs. 1(2) , 35(1)(e) S. 22(2)(b) modified (1.9.2021) by The Additional Learning Needs (Wales) Regulations 2021 (S.I. 2021/401) , regs. 1(2) , 35(1)(e) S. 23(8) modified (1.9.2021) by The Additional Learning Needs (Wales) Regulations 2021 (S.I. 2021/401) , regs. 1(2) , 35(1)(f) S. 23(10)(11) modified (1.9.2021) by The Additional Learning Needs (Wales) Regulations 2021 (S.I. 2021/401) , regs. 1(2) , 35(1)(f) S. 24(7) modified (1.9.2021) by The Additional Learning Needs (Wales) Regulations 2021 (S.I. 2021/401) , regs. 1(2) , 35(1)(g) S. 24(9)(10) modified (1.9.2021) by The Additional Learning Needs (Wales) Regulations 2021 (S.I. 2021/401) , regs. 1(2) , 35(1)(g) S. 26(1)(b) modified (1.9.2021) by The Additional Learning Needs (Wales) Regulations 2021 (S.I. 2021/401) , regs. 1(2) , 35(1)(h) S. 27(1)(b) modified (1.9.2021) by The Additional Learning Needs (Wales) Regulations 2021 (S.I. 2021/401) , regs. 1(2) , 35(1)(i) S. 27(4) modified (1.9.2021) by The Additional Learning Needs (Wales) Regulations 2021 (S.I. 2021/401) , regs. 1(2) , 35(1)(i) S. 28(2)(b) modified (1.9.2021) by The Additional Learning Needs (Wales) Regulations 2021 (S.I. 2021/401) , regs. 1(2) , 35(1)(j) S. 28(4)(5) modified (1.9.2021) by The Additional Learning Needs (Wales) Regulations 2021 (S.I. 2021/401) , regs. 1(2) , 35(1)(j) S. 28(7) modified (1.9.2021) by The Additional Learning Needs (Wales) Regulations 2021 (S.I. 2021/401) , regs. 1(2) , 35(1)(j) S. 31(7)(b) modified (1.9.2021) by The Additional Learning Needs (Wales) Regulations 2021 (S.I. 2021/401) , regs. 1(2) , 35(1)(k) S. 31(8)(9) modified (1.9.2021) by The Additional Learning Needs (Wales) Regulations 2021 (S.I. 2021/401) , regs. 1(2) , 35(1)(k) S. 32(1)(a)(b) modified (1.9.2021) by The Additional Learning Needs (Wales) Regulations 2021 (S.I. 2021/401) , regs. 1(2) , 35(1)(l) S. 32(3) modified (1.9.2021) by The Additional Learning Needs (Wales) Regulations 2021 (S.I. 2021/401) , regs. 1(2) , 35(1)(l) S. 64(3)(4) modified (1.9.2021) by The Additional Learning Needs (Wales) Regulations 2021 (S.I. 2021/401) , regs. 1(2) , 35(1)(m) S. 9(3)(b) modified (1.9.2021) by The Additional Learning Needs (Wales) Regulations 2021 (S.I. 2021/401) , regs. 1(2) , 35(2) S. 9(4)(a) modified (1.9.2021) by The Additional Learning Needs (Wales) Regulations 2021 (S.I. 2021/401) , regs. 1(2) , 35(2) S. 40(4) modified (1.9.2021) by The Additional Learning Needs (Wales) Regulations 2021 (S.I. 2021/401) , regs. 1(2) , 36(a) S. 40(5)(b) modified (1.9.2021) by The Additional Learning Needs (Wales) Regulations 2021 (S.I. 2021/401) , regs. 1(2) , 36(a) S. 42(6) modified (1.9.2021) by The Additional Learning Needs (Wales) Regulations 2021 (S.I. 2021/401) , regs. 1(2) , 36(a) S. 11(3)(c) modified (1.9.2021) by The Additional Learning Needs (Wales) Regulations 2021 (S.I. 2021/401) , regs. 1(2) , 37(1)(a) S. 11(4) modified (1.9.2021) by The Additional Learning Needs (Wales) Regulations 2021 (S.I. 2021/401) , regs. 1(2) , 37(1)(b) S. 12(2)(b) modified (1.9.2021) by The Additional Learning Needs (Wales) Regulations 2021 (S.I. 2021/401) , regs. 1(2) , 37(1)(c) S. 13(2)(d) modified (1.9.2021) by The Additional Learning Needs (Wales) Regulations 2021 (S.I. 2021/401) , regs. 1(2) , 37(1)(d) S. 13(3) modified (1.9.2021) by The Additional Learning Needs (Wales) Regulations 2021 (S.I. 2021/401) , regs. 1(2) , 37(1)(e) S. 14(3) modified (1.9.2021) by The Additional Learning Needs (Wales) Regulations 2021 (S.I. 2021/401) , regs. 1(2) , 37(1)(f) S. 20(3)(a)(b) modified (1.9.2021) by The Additional Learning Needs (Wales) Regulations 2021 (S.I. 2021/401) , regs. 1(2) , 37(1)(g) S. 22(1)(a) modified (1.9.2021) by The Additional Learning Needs (Wales) Regulations 2021 (S.I. 2021/401) , regs. 1(2) , 37(1)(h) S. 22(2)(a) modified (1.9.2021) by The Additional Learning Needs (Wales) Regulations 2021 (S.I. 2021/401) , regs. 1(2) , 37(1)(h) S. 23(8) modified (1.9.2021) by The Additional Learning Needs (Wales) Regulations 2021 (S.I. 2021/401) , regs. 1(2) , 37(1)(i) S. 23(10)(11)(a) modified (1.9.2021) by The Additional Learning Needs (Wales) Regulations 2021 (S.I. 2021/401) , regs. 1(2) , 37(1)(j) S. 26(1)(b) modified (1.9.2021) by The Additional Learning Needs (Wales) Regulations 2021 (S.I. 2021/401) , regs. 1(2) , 37(1)(k) S. 27(1)(b) modified (1.9.2021) by The Additional Learning Needs (Wales) Regulations 2021 (S.I. 2021/401) , regs. 1(2) , 37(1)(l) S. 27(4) modified (1.9.2021) by The Additional Learning Needs (Wales) Regulations 2021 (S.I. 2021/401) , regs. 1(2) , 37(1)(m) S. 28(2)(a) modified (1.9.2021) by The Additional Learning Needs (Wales) Regulations 2021 (S.I. 2021/401) , regs. 1(2) , 37(1)(n) S. 28(4)(5) modified (1.9.2021) by The Additional Learning Needs (Wales) Regulations 2021 (S.I. 2021/401) , regs. 1(2) , 37(1)(n) S. 28(7) modified (1.9.2021) by The Additional Learning Needs (Wales) Regulations 2021 (S.I. 2021/401) , regs. 1(2) , 37(1)(n) S. 31(7)(a) modified (1.9.2021) by The Additional Learning Needs (Wales) Regulations 2021 (S.I. 2021/401) , regs. 1(2) , 37(1)(o) S. 31(8)(9) modified (1.9.2021) by The Additional Learning Needs (Wales) Regulations 2021 (S.I. 2021/401) , regs. 1(2) , 37(1)(o) S. 32(1)(a) modified (1.9.2021) by The Additional Learning Needs (Wales) Regulations 2021 (S.I. 2021/401) , regs. 1(2) , 37(1)(p) S. 32(1)(b) modified (1.9.2021) by The Additional Learning Needs (Wales) Regulations 2021 (S.I. 2021/401) , regs. 1(2) , 37(1)(q) S. 32(3) modified (1.9.2021) by The Additional Learning Needs (Wales) Regulations 2021 (S.I. 2021/401) , regs. 1(2) , 37(1)(r) S. 9(3)(a) modified (1.9.2021) by The Additional Learning Needs (Wales) Regulations 2021 (S.I. 2021/401) , regs. 1(2) , 37(2) S. 9(5) modified (1.9.2021) by The Additional Learning Needs (Wales) Regulations 2021 (S.I. 2021/401) , regs. 1(2) , 37(2) S. 40(4) modified (1.9.2021) by The Additional Learning Needs (Wales) Regulations 2021 (S.I. 2021/401) , regs. 1(2) , 38(a) S. 40(5)(b) modified (1.9.2021) by The Additional Learning Needs (Wales) Regulations 2021 (S.I. 2021/401) , regs. 1(2) , 38(b) S. 41(2)(a) modified (1.9.2021) by The Additional Learning Needs (Wales) Regulations 2021 (S.I. 2021/401) , regs. 1(2) , 38(c) S. 42(4) modified (1.9.2021) by The Additional Learning Needs (Wales) Regulations 2021 (S.I. 2021/401) , regs. 1(2) , 38(c) S. 42(6) modified (1.9.2021) by The Additional Learning Needs (Wales) Regulations 2021 (S.I. 2021/401) , regs. 1(2) , 38(d) S. 70 modified (1.9.2021) by The Additional Learning Needs (Wales) Regulations 2021 (S.I. 2021/401) , regs. 1(2) , 41 S. 72 modified (1.9.2021) by The Additional Learning Needs (Wales) Regulations 2021 (S.I. 2021/401) , regs. 1(2) , 41 S. 13(1): power to modify conferred (temp.) (1.9.2021) by 2020 c. 7, Sch. 17 para. 7(5) (as amended by The Additional Learning Needs and Education Tribunal (Wales) Act 2018 (Consequential Amendments) Regulations 2021 (S.I. 2021/861) , regs. 1 , 11(2) ) S. 14(10): power to modify conferred (temp.) (1.9.2021) by 2020 c. 7, Sch. 17 para. 7(5) (as amended by The Additional Learning Needs and Education Tribunal (Wales) Act 2018 (Consequential Amendments) Regulations 2021 (S.I. 2021/861) , regs. 1 , 11(2) ) S. 19(7): power to modify conferred (temp.) (1.9.2021) by 2020 c. 7, Sch. 17 para. 7(5) (as amended by The Additional Learning Needs and Education Tribunal (Wales) Act 2018 (Consequential Amendments) Regulations 2021 (S.I. 2021/861) , regs. 1 , 11(2) ) S. 23(1): power to modify conferred (temp.) (1.9.2021) by 2020 c. 7, Sch. 17 para. 7(5) (as amended by The Additional Learning Needs and Education Tribunal (Wales) Act 2018 (Consequential Amendments) Regulations 2021 (S.I. 2021/861) , regs. 1 , 11(2) ) S. 24(1): power to modify conferred (temp.) (1.9.2021) by 2020 c. 7, Sch. 17 para. 7(5) (as amended by The Additional Learning Needs and Education Tribunal (Wales) Act 2018 (Consequential Amendments) Regulations 2021 (S.I. 2021/861) , regs. 1 , 11(2) ) S. 2 in force at 1.9.2021 for specified purposes by S.I. 2021/373 , arts. 3 , 4 (as amended by S.I. 2021/938 , art. 2(3) ) S. 3 in force at 1.9.2021 for specified purposes by S.I. 2021/373 , arts. 3 , 4 (as amended by S.I. 2021/938 , art. 2(3) ) S. 4 in force at 1.9.2021 for specified purposes by S.I. 2021/373 , arts. 3 , 4 (as amended by S.I. 2021/938 , art. 2(3) ) S. 6 in force at 1.9.2021 for specified purposes by S.I. 2021/373 , arts. 3 , 4 (as amended by S.I. 2021/938 , art. 2(3) ) S. 7 in force at 1.9.2021 for specified purposes by S.I. 2021/373 , arts. 3 , 4 (as amended by S.I. 2021/938 , art. 2(3) ) S. 8 in force at 1.9.2021 for specified purposes by S.I. 2021/373 , arts. 3 , 4 (as amended by S.I. 2021/938 , art. 2(3) ) S. 9 in force at 1.9.2021 for specified purposes by S.I. 2021/373 , arts. 3 , 4 (as amended by S.I. 2021/938 , art. 2(3) ) S. 10 in force at 1.9.2021 for specified purposes by S.I. 2021/373 , arts. 3 , 4 (as amended by S.I. 2021/938 , art. 2(3) ) S. 11 in force at 1.9.2021 for specified purposes by S.I. 2021/373 , arts. 3 , 4 (as amended by S.I. 2021/938 , art. 2(3) ) S. 12 in force at 1.9.2021 for specified purposes by S.I. 2021/373 , arts. 3 , 4 (as amended by S.I. 2021/938 , art. 2(3) ) S. 13 in force at 1.9.2021 for specified purposes by S.I. 2021/373 , arts. 3 , 4 (as amended by S.I. 2021/938 , art. 2(3) ) S. 14 in force at 1.9.2021 for specified purposes by S.I. 2021/373 , arts. 3 , 4 (as amended by S.I. 2021/938 , art. 2(3) ) S. 17 in force at 1.9.2021 for specified purposes by S.I. 2021/373 , arts. 3 , 4 (as amended by S.I. 2021/735 , art. 2(2)(a) and S.I. 2021/938 , art. 2(3) ) S. 18 in force at 1.9.2021 for specified purposes by S.I. 2021/373 , arts. 3 , 4 (as amended by S.I. 2021/735 , art. 2(2)(a) and S.I. 2021/938 , art. 2(3) ) S. 19 in force at 1.9.2021 for specified purposes by S.I. 2021/373 , arts. 3 , 4 (as amended by S.I. 2021/735 , art. 2(2)(a) and S.I. 2021/938 , art. 2(3) ) S. 20 in force at 1.9.2021 for specified purposes by S.I. 2021/373 , arts. 3 , 4 (as amended by S.I. 2021/735 , art. 2(2)(a) and S.I. 2021/938 , art. 2(3) ) S. 21 in force at 1.9.2021 for specified purposes by S.I. 2021/373 , arts. 3 , 4 (as amended by S.I. 2021/735 , art. 2(2)(a) and S.I. 2021/938 , art. 2(3) ) S. 22 in force at 1.9.2021 for specified purposes by S.I. 2021/373 , arts. 3 , 4 (as amended by S.I. 2021/735 , art. 2(2)(a) and S.I. 2021/938 , art. 2(3) ) S. 23 in force at 1.9.2021 for specified purposes by S.I. 2021/373 , arts. 3 , 4 (as amended by S.I. 2021/735 , art. 2(2)(a) and S.I. 2021/938 , art. 2(3) ) S. 24 in force at 1.9.2021 for specified purposes by S.I. 2021/373 , arts. 3 , 4 (as amended by S.I. 2021/735 , art. 2(2)(a) and S.I. 2021/938 , art. 2(3) ) S. 25 in force at 1.9.2021 for specified purposes by S.I. 2021/373 , arts. 3 , 4 (as amended by S.I. 2021/735 , art. 2(2)(a) and S.I. 2021/938 , art. 2(3) ) S. 26 in force at 1.9.2021 for specified purposes by S.I. 2021/373 , arts. 3 , 4 (as amended by S.I. 2021/735 , art. 2(2)(a) and S.I. 2021/938 , art. 2(3) ) S. 27 in force at 1.9.2021 for specified purposes by S.I. 2021/373 , arts. 3 , 4 (as amended by S.I. 2021/735 , art. 2(2)(a) and S.I. 2021/938 , art. 2(3) ) S. 28 in force at 1.9.2021 for specified purposes by S.I. 2021/373 , arts. 3 , 4 (as amended by S.I. 2021/735 , art. 2(2)(a) and S.I. 2021/938 , art. 2(3) ) S. 29 in force at 1.9.2021 for specified purposes by S.I. 2021/373 , arts. 3 , 4 (as amended by S.I. 2021/735 , art. 2(2)(a) and S.I. 2021/938 , art. 2(3) ) S. 30 in force at 1.9.2021 for specified purposes by S.I. 2021/373 , arts. 3 , 4 (as amended by S.I. 2021/735 , art. 2(2)(a) and S.I. 2021/938 , art. 2(3) ) S. 31 in force at 1.9.2021 for specified purposes by S.I. 2021/373 , arts. 3 , 4 (as amended by S.I. 2021/735 , art. 2(2)(a) and S.I. 2021/938 , art. 2(3) ) S. 32 in force at 1.9.2021 for specified purposes by S.I. 2021/373 , arts. 3 , 4 (as amended by S.I. 2021/735 , art. 2(2)(a) and S.I. 2021/938 , art. 2(3) ) S. 33 in force at 1.9.2021 for specified purposes by S.I. 2021/373 , arts. 3 , 4 (as amended by S.I. 2021/735 , art. 2(2)(a) and S.I. 2021/938 , art. 2(3) ) S. 34 in force at 1.9.2021 for specified purposes by S.I. 2021/373 , arts. 3 , 4 (as amended by S.I. 2021/735 , art. 2(2)(a) and S.I. 2021/938 , art. 2(3) ) S. 35 in force at 1.9.2021 for specified purposes by S.I. 2021/373 , arts. 3 , 4 (as amended by S.I. 2021/735 , art. 2(2)(a) and S.I. 2021/938 , art. 2(3) ) S. 36 in force at 1.9.2021 for specified purposes by S.I. 2021/373 , arts. 3 , 4 (as amended by S.I. 2021/735 , art. 2(2)(a) and S.I. 2021/938 , art. 2(3) ) S. 38 in force at 1.9.2021 for specified purposes by S.I. 2021/373 , arts. 3 , 4 (as amended by S.I. 2021/938 , art. 2(3) ) S. 40 in force at 1.9.2021 for specified purposes by S.I. 2021/373 , arts. 3 , 4 (as amended by S.I. 2021/938 , art. 2(3) ) S. 41 in force at 1.9.2021 for specified purposes by S.I. 2021/373 , arts. 3 , 4 (as amended by S.I. 2021/938 , art. 2(3) ) S. 42 in force at 1.9.2021 for specified purposes by S.I. 2021/373 , arts. 3 , 4 (as amended by S.I. 2021/938 , art. 2(3) ) S. 43 in force at 1.9.2021 for specified purposes by S.I. 2021/373 , arts. 3 , 4 (as amended by S.I. 2021/938 , art. 2(3) ) S. 44 in force at 1.9.2021 for specified purposes by S.I. 2021/373 , arts. 3 , 4 (as amended by S.I. 2021/938 , art. 2(3) ) S. 47 in force at 1.9.2021 for specified purposes by S.I. 2021/373 , arts. 3 , 4 (as amended by S.I. 2021/938 , art. 2(3) ) S. 48 in force at 1.9.2021 for specified purposes by S.I. 2021/373 , arts. 3 , 4 (as amended by S.I. 2021/938 , art. 2(3) ) S. 49 in force at 1.9.2021 for specified purposes by S.I. 2021/373 , arts. 3 , 4 (as amended by S.I. 2021/938 , art. 2(3) ) S. 51 in force at 1.9.2021 for specified purposes by S.I. 2021/373 , arts. 3 , 4 (as amended by S.I. 2021/938 , art. 2(3) ) S. 52 in force at 1.9.2021 for specified purposes by S.I. 2021/373 , arts. 3 , 4 (as amended by S.I. 2021/938 , art. 2(3) ) S. 53 in force at 1.9.2021 for specified purposes by S.I. 2021/373 , arts. 3 , 4 (as amended by S.I. 2021/938 , art. 2(3) ) S. 55 in force at 1.9.2021 for specified purposes by S.I. 2021/373 , arts. 3 , 4 (as amended by S.I. 2021/938 , art. 2(3) ) S. 59 in force at 1.9.2021 for specified purposes by S.I. 2021/373 , arts. 3 , 4 (as amended by S.I. 2021/938 , art. 2(3) ) S. 63 in force at 1.9.2021 for specified purposes by S.I. 2021/373 , arts. 3 , 4 (as amended by S.I. 2021/938 , art. 2(3) ) S. 64 in force at 1.9.2021 for specified purposes by S.I. 2021/373 , arts. 3 , 4 (as amended by S.I. 2021/938 , art. 2(3) ) S. 65 in force at 1.9.2021 for specified purposes by S.I. 2021/373 , arts. 3 , 4 (as amended by S.I. 2021/938 , art. 2(3) ) S. 66 in force at 1.9.2021 for specified purposes by S.I. 2021/373 , arts. 3 , 4 (as amended by S.I. 2021/938 , art. 2(3) ) S. 68 in force at 1.9.2021 for specified purposes by S.I. 2021/373 , arts. 3 , 4 (as amended by S.I. 2021/938 , art. 2(3) ) S. 69 in force at 1.9.2021 for specified purposes by S.I. 2021/373 , arts. 3 , 4 (as amended by S.I. 2021/938 , art. 2(3) ) S. 96 in force at 1.9.2021 for specified purposes by S.I. 2021/373 , arts. 3 , 4 (as amended by S.I. 2021/938 , art. 2(3) ) Sch. 1 para. 1 in force at 1.9.2021 for specified purposes by S.I. 2021/373 , arts. 3 , 4 (as amended by S.I. 2021/938 , art. 2(3) ) Sch. 1 para. 4(19)(b) in force at 1.9.2021 for specified purposes by S.I. 2021/373 , arts. 3 , 4 (as amended by S.I. 2021/938 , art. 2(3) ) Sch. 1 para. 4(20)(21) in force at 1.9.2021 for specified purposes by S.I. 2021/373 , arts. 3 , 4 (as amended by S.I. 2021/938 , art. 2(3) ) Sch. 1 para. 4(32)(a)(i)(ii) in force at 1.9.2021 for specified purposes by S.I. 2021/373 , arts. 3 , 4 (as amended by S.I. 2021/938 , art. 2(3) ) Sch. 1 para. 4(32)(b) in force at 1.9.2021 for specified purposes by S.I. 2021/373 , arts. 3 , 4 (as amended by S.I. 2021/938 , art. 2(3) ) Sch. 1 para. 7 in force at 1.9.2021 for specified purposes by S.I. 2021/373 , arts. 3 , 4 (as amended by S.I. 2021/938 , art. 2(3) ) Sch. 1 para. 8 in force at 1.9.2021 for specified purposes by S.I. 2021/373 , arts. 3 , 4 (as amended by S.I. 2021/938 , art. 2(3) ) Sch. 1 para. 11(a) in force at 1.9.2021 for specified purposes by S.I. 2021/373 , arts. 3 , 4 (as amended by S.I. 2021/938 , art. 2(3) ) Sch. 1 para. 12(a) in force at 1.9.2021 for specified purposes by S.I. 2021/373 , arts. 3 , 4 (as amended by S.I. 2021/938 , art. 2(3) ) Sch. 1 para. 19(1) in force at 1.9.2021 for specified purposes by S.I. 2021/373 , arts. 3 , 4 (as amended by S.I. 2021/938 , art. 2(3) ) Sch. 1 para. 19(5)(e)(ii) in force at 1.9.2021 for specified purposes by S.I. 2021/373 , arts. 3 , 4 (as amended by S.I. 2021/938 , art. 2(3) ) Sch. 1 para. 21(1) in force at 1.9.2021 for specified purposes by S.I. 2021/373 , arts. 3 , 4 (as amended by S.I. 2021/938 , art. 2(3) ) Sch. 1 para. 21(2)(a)(i) in force at 1.9.2021 for specified purposes by S.I. 2021/373 , arts. 3 , 4 (as amended by S.I. 2021/938 , art. 2(3) ) Sch. 1 para. 21(2)(b)(ii) in force at 1.9.2021 for specified purposes by S.I. 2021/373 , arts. 3 , 4 (as amended by S.I. 2021/938 , art. 2(3) ) Sch. 1 para. 22 in force at 1.9.2021 for specified purposes by S.I. 2021/373 , arts. 3 , 4 (as amended by S.I. 2021/938 , art. 2(3) ) Sch. 1 para. 23(1) in force at 1.9.2021 for specified purposes by S.I. 2021/373 , arts. 3 , 4 (as amended by S.I. 2021/938 , art. 2(3) ) Sch. 1 para. 23(4) in force at 1.9.2021 for specified purposes by S.I. 2021/373 , arts. 3 , 4 (as amended by S.I. 2021/938 , art. 2(3) ) Sch. 1 para. 24(6)(a) in force at 1.9.2021 for specified purposes by S.I. 2021/373 , arts. 3 , 4 (as amended by S.I. 2021/735 , art. 2(2)(b) and S.I. 2021/938 , art. 2(3) ) S. 40 in force at 1.9.2021 for specified purposes by S.I. 2021/373 , art. 5 S. 41 in force at 1.9.2021 for specified purposes by S.I. 2021/373 , art. 5 S. 42 in force at 1.9.2021 for specified purposes by S.I. 2021/373 , art. 5 S. 43 in force at 1.9.2021 for specified purposes by S.I. 2021/373 , art. 5 S. 44 in force at 1.9.2021 for specified purposes by S.I. 2021/373 , art. 5 S. 2 in force at 1.9.2021 for specified purposes by S.I. 2021/373 , arts. 6 , 7 (as amended by S.I. 2021/938 , art. 2(4)(5) ) S. 3 in force at 1.9.2021 for specified purposes by S.I. 2021/373 , arts. 6 , 7 (as amended by S.I. 2021/938 , art. 2(4)(5) ) S. 4 in force at 1.9.2021 for specified purposes by S.I. 2021/373 , arts. 6 , 7 (as amended by S.I. 2021/938 , art. 2(4)(5) ) S. 6 in force at 1.9.2021 for specified purposes by S.I. 2021/373 , arts. 6 , 7 (as amended by S.I. 2021/938 , art. 2(4)(5) ) S. 7 in force at 1.9.2021 for specified purposes by S.I. 2021/373 , arts. 6 , 7 (as amended by S.I. 2021/938 , art. 2(4)(5) ) S. 8 in force at 1.9.2021 for specified purposes by S.I. 2021/373 , arts. 6 , 7 (as amended by S.I. 2021/938 , art. 2(4)(5) ) S. 9 in force at 1.9.2021 for specified purposes by S.I. 2021/373 , arts. 6 , 7 (as amended by S.I. 2021/938 , art. 2(4)(5) ) S. 10 in force at 1.9.2021 for specified purposes by S.I. 2021/373 , arts. 6 , 7 (as amended by S.I. 2021/938 , art. 2(4)(5) ) S. 11 in force at 1.9.2021 for specified purposes by S.I. 2021/373 , arts. 6 , 7 (as amended by S.I. 2021/938 , art. 2(4)(5) ) S. 12 in force at 1.9.2021 for specified purposes by S.I. 2021/373 , arts. 6 , 7 (as amended by S.I. 2021/938 , art. 2(4)(5) ) S. 13 in force at 1.9.2021 for specified purposes by S.I. 2021/373 , arts. 6 , 7 (as amended by S.I. 2021/938 , art. 2(4)(5) ) S. 14 in force at 1.9.2021 for specified purposes by S.I. 2021/373 , arts. 6 , 7 (as amended by S.I. 2021/938 , art. 2(4)(5) ) S. 17 in force at 1.9.2021 for specified purposes by S.I. 2021/373 , arts. 6 , 7 (as amended by S.I. 2021/735 , art. 2(3)(a) and S.I. 2021/938 , art. 2(4)(5) ) S. 18 in force at 1.9.2021 for specified purposes by S.I. 2021/373 , arts. 6 , 7 (as amended by S.I. 2021/735 , art. 2(3)(a) and S.I. 2021/938 , art. 2(4)(5) ) S. 19 in force at 1.9.2021 for specified purposes by S.I. 2021/373 , arts. 6 , 7 (as amended by S.I. 2021/735 , art. 2(3)(a) and S.I. 2021/938 , art. 2(4)(5) ) S. 20 in force at 1.9.2021 for specified purposes by S.I. 2021/373 , arts. 6 , 7 (as amended by S.I. 2021/735 , art. 2(3)(a) and S.I. 2021/938 , art. 2(4)(5) ) S. 21 in force at 1.9.2021 for specified purposes by S.I. 2021/373 , arts. 6 , 7 (as amended by S.I. 2021/735 , art. 2(3)(a) and S.I. 2021/938 , art. 2(4)(5) ) S. 22 in force at 1.9.2021 for specified purposes by S.I. 2021/373 , arts. 6 , 7 (as amended by S.I. 2021/735 , art. 2(3)(a) and S.I. 2021/938 , art. 2(4)(5) ) S. 23 in force at 1.9.2021 for specified purposes by S.I. 2021/373 , arts. 6 , 7 (as amended by S.I. 2021/735 , art. 2(3)(a) and S.I. 2021/938 , art. 2(4)(5) ) S. 24 in force at 1.9.2021 for specified purposes by S.I. 2021/373 , arts. 6 , 7 (as amended by S.I. 2021/735 , art. 2(3)(a) and S.I. 2021/938 , art. 2(4)(5) ) S. 25 in force at 1.9.2021 for specified purposes by S.I. 2021/373 , arts. 6 , 7 (as amended by S.I. 2021/735 , art. 2(3)(a) and S.I. 2021/938 , art. 2(4)(5) ) S. 26 in force at 1.9.2021 for specified purposes by S.I. 2021/373 , arts. 6 , 7 (as amended by S.I. 2021/735 , art. 2(3)(a) and S.I. 2021/938 , art. 2(4)(5) ) S. 27 in force at 1.9.2021 for specified purposes by S.I. 2021/373 , arts. 6 , 7 (as amended by S.I. 2021/735 , art. 2(3)(a) and S.I. 2021/938 , art. 2(4)(5) ) S. 28 in force at 1.9.2021 for specified purposes by S.I. 2021/373 , arts. 6 , 7 (as amended by S.I. 2021/735 , art. 2(3)(a) and S.I. 2021/938 , art. 2(4)(5) ) S. 29 in force at 1.9.2021 for specified purposes by S.I. 2021/373 , arts. 6 , 7 (as amended by S.I. 2021/735 , art. 2(3)(a) and S.I. 2021/938 , art. 2(4)(5) ) S. 30 in force at 1.9.2021 for specified purposes by S.I. 2021/373 , arts. 6 , 7 (as amended by S.I. 2021/735 , art. 2(3)(a) and S.I. 2021/938 , art. 2(4)(5) ) S. 31 in force at 1.9.2021 for specified purposes by S.I. 2021/373 , arts. 6 , 7 (as amended by S.I. 2021/735 , art. 2(3)(a) and S.I. 2021/938 , art. 2(4)(5) ) S. 32 in force at 1.9.2021 for specified purposes by S.I. 2021/373 , arts. 6 , 7 (as amended by S.I. 2021/735 , art. 2(3)(a) and S.I. 2021/938 , art. 2(4)(5) ) S. 33 in force at 1.9.2021 for specified purposes by S.I. 2021/373 , arts. 6 , 7 (as amended by S.I. 2021/735 , art. 2(3)(a) and S.I. 2021/938 , art. 2(4)(5) ) S. 34 in force at 1.9.2021 for specified purposes by S.I. 2021/373 , arts. 6 , 7 (as amended by S.I. 2021/735 , art. 2(3)(a) and S.I. 2021/938 , art. 2(4)(5) ) S. 35 in force at 1.9.2021 for specified purposes by S.I. 2021/373 , arts. 6 , 7 (as amended by S.I. 2021/735 , art. 2(3)(a) and S.I. 2021/938 , art. 2(4)(5) ) S. 36 in force at 1.9.2021 for specified purposes by S.I. 2021/373 , arts. 6 , 7 (as amended by S.I. 2021/735 , art. 2(3)(a) and S.I. 2021/938 , art. 2(4)(5) ) S. 38 in force at 1.9.2021 for specified purposes by S.I. 2021/373 , arts. 6 , 7 (as amended by S.I. 2021/938 , art. 2(4)(5) ) S. 40 in force at 1.9.2021 for specified purposes by S.I. 2021/373 , arts. 6 , 7 (as amended by S.I. 2021/938 , art. 2(4)(5) ) S. 41 in force at 1.9.2021 for specified purposes by S.I. 2021/373 , arts. 6 , 7 (as amended by S.I. 2021/938 , art. 2(4)(5) ) S. 42 in force at 1.9.2021 for specified purposes by S.I. 2021/373 , arts. 6 , 7 (as amended by S.I. 2021/938 , art. 2(4)(5) ) S. 43 in force at 1.9.2021 for specified purposes by S.I. 2021/373 , arts. 6 , 7 (as amended by S.I. 2021/938 , art. 2(4)(5) ) S. 44 in force at 1.9.2021 for specified purposes by S.I. 2021/373 , arts. 6 , 7 (as amended by S.I. 2021/938 , art. 2(4)(5) ) S. 47 in force at 1.9.2021 for specified purposes by S.I. 2021/373 , arts. 6 , 7 (as amended by S.I. 2021/938 , art. 2(4)(5) ) S. 48 in force at 1.9.2021 for specified purposes by S.I. 2021/373 , arts. 6 , 7 (as amended by S.I. 2021/938 , art. 2(4)(5) ) S. 49 in force at 1.9.2021 for specified purposes by S.I. 2021/373 , arts. 6 , 7 (as amended by S.I. 2021/938 , art. 2(4)(5) ) S. 51 in force at 1.9.2021 for specified purposes by S.I. 2021/373 , arts. 6 , 7 (as amended by S.I. 2021/938 , art. 2(4)(5) ) S. 52 in force at 1.9.2021 for specified purposes by S.I. 2021/373 , arts. 6 , 7 (as amended by S.I. 2021/938 , art. 2(4)(5) ) S. 53 in force at 1.9.2021 for specified purposes by S.I. 2021/373 , arts. 6 , 7 (as amended by S.I. 2021/938 , art. 2(4)(5) ) S. 55 in force at 1.9.2021 for specified purposes by S.I. 2021/373 , arts. 6 , 7 (as amended by S.I. 2021/938 , art. 2(4)(5) ) S. 59 in force at 1.9.2021 for specified purposes by S.I. 2021/373 , arts. 6 , 7 (as amended by S.I. 2021/938 , art. 2(4)(5) ) S. 63 in force at 1.9.2021 for specified purposes by S.I. 2021/373 , arts. 6 , 7 (as amended by S.I. 2021/938 , art. 2(4)(5) ) S. 64 in force at 1.9.2021 for specified purposes by S.I. 2021/373 , arts. 6 , 7 (as amended by S.I. 2021/938 , art. 2(4)(5) ) S. 65 in force at 1.9.2021 for specified purposes by S.I. 2021/373 , arts. 6 , 7 (as amended by S.I. 2021/938 , art. 2(4)(5) ) S. 66 in force at 1.9.2021 for specified purposes by S.I. 2021/373 , arts. 6 , 7 (as amended by S.I. 2021/938 , art. 2(4)(5) ) S. 68 in force at 1.9.2021 for specified purposes by S.I. 2021/373 , arts. 6 , 7 (as amended by S.I. 2021/938 , art. 2(4)(5) ) S. 69 in force at 1.9.2021 for specified purposes by S.I. 2021/373 , arts. 6 , 7 (as amended by S.I. 2021/938 , art. 2(4)(5) ) S. 96 in force at 1.9.2021 for specified purposes by S.I. 2021/373 , arts. 6 , 7 (as amended by S.I. 2021/938 , art. 2(4)(5) ) Sch. 1 para. 1 in force at 1.9.2021 for specified purposes by S.I. 2021/373 , arts. 6 , 7 (as amended by S.I. 2021/938 , art. 2(4)(5) ) Sch. 1 para. 4(19)(b) in force at 1.9.2021 for specified purposes by S.I. 2021/373 , arts. 6 , 7 (as amended by S.I. 2021/938 , art. 2(4)(5) ) Sch. 1 para. 4(20)(21) in force at 1.9.2021 for specified purposes by S.I. 2021/373 , arts. 6 , 7 (as amended by S.I. 2021/938 , art. 2(4)(5) ) Sch. 1 para. 4(32)(a)(i)(ii) in force at 1.9.2021 for specified purposes by S.I. 2021/373 , arts. 6 , 7 (as amended by S.I. 2021/938 , art. 2(4)(5) ) Sch. 1 para. 4(32)(b) in force at 1.9.2021 for specified purposes by S.I. 2021/373 , arts. 6 , 7 (as amended by S.I. 2021/938 , art. 2(4)(5) ) Sch. 1 para. 7 in force at 1.9.2021 for specified purposes by S.I. 2021/373 , arts. 6 , 7 (as amended by S.I. 2021/938 , art. 2(4)(5) ) Sch. 1 para. 8 in force at 1.9.2021 for specified purposes by S.I. 2021/373 , arts. 6 , 7 (as amended by S.I. 2021/938 , art. 2(4)(5) ) Sch. 1 para. 11(a) in force at 1.9.2021 for specified purposes by S.I. 2021/373 , arts. 6 , 7 (as amended by S.I. 2021/938 , art. 2(4)(5) ) Sch. 1 para. 12(a) in force at 1.9.2021 for specified purposes by S.I. 2021/373 , arts. 6 , 7 (as amended by S.I. 2021/938 , art. 2(4)(5) ) Sch. 1 para. 19(1) in force at 1.9.2021 for specified purposes by S.I. 2021/373 , arts. 6 , 7 (as amended by S.I. 2021/938 , art. 2(4)(5) ) Sch. 1 para. 19(5)(e)(ii) in force at 1.9.2021 for specified purposes by S.I. 2021/373 , arts. 6 , 7 (as amended by S.I. 2021/938 , art. 2(4)(5) ) Sch. 1 para. 21(1) in force at 1.9.2021 for specified purposes by S.I. 2021/373 , arts. 6 , 7 (as amended by S.I. 2021/938 , art. 2(4)(5) ) Sch. 1 para. 21(2)(a)(i) in force at 1.9.2021 for specified purposes by S.I. 2021/373 , arts. 6 , 7 (as amended by S.I. 2021/938 , art. 2(4)(5) ) Sch. 1 para. 21(2)(b)(ii) in force at 1.9.2021 for specified purposes by S.I. 2021/373 , arts. 6 , 7 (as amended by S.I. 2021/938 , art. 2(4)(5) ) Sch. 1 para. 22 in force at 1.9.2021 for specified purposes by S.I. 2021/373 , arts. 6 , 7 (as amended by S.I. 2021/938 , art. 2(4)(5) ) Sch. 1 para. 23(1) in force at 1.9.2021 for specified purposes by S.I. 2021/373 , arts. 6 , 7 (as amended by S.I. 2021/938 , art. 2(4)(5) ) Sch. 1 para. 23(4) in force at 1.9.2021 for specified purposes by S.I. 2021/373 , arts. 6 , 7 (as amended by S.I. 2021/938 , art. 2(4)(5) ) Sch. 1 para. 24(6)(a) in force at 1.9.2021 for specified purposes by S.I. 2021/373 , arts. 6 , 7 (as amended by S.I. 2021/735 , art. 2(3)(b) and S.I. 2021/938 , art. 2(4)(5) ) S. 50(1) in force at 1.9.2021 for specified purposes by S.I. 2021/373 , art. 8(a) S. 50(2)(3) in force at 1.9.2021 by S.I. 2021/373 , art. 8(b) S. 54 in force at 1.9.2021 in so far as not already in force by S.I. 2021/373 , art. 8(c) S. 56 in force at 1.9.2021 in so far as not already in force by S.I. 2021/373 , art. 8(d) S. 57 in force at 1.9.2021 by S.I. 2021/373 , art. 8(e) S. 58 in force at 1.9.2021 by S.I. 2021/373 , art. 8(e) S. 70 in force at 1.9.2021 by S.I. 2021/373 , art. 8(f) S. 71 in force at 1.9.2021 by S.I. 2021/373 , art. 8(f) S. 72 in force at 1.9.2021 by S.I. 2021/373 , art. 8(f) S. 73 in force at 1.9.2021 by S.I. 2021/373 , art. 8(f) S. 76 in force at 1.9.2021 by S.I. 2021/373 , art. 8(g) S. 77 in force at 1.9.2021 by S.I. 2021/373 , art. 8(g) S. 78 in force at 1.9.2021 by S.I. 2021/373 , art. 8(g) S. 79 in force at 1.9.2021 by S.I. 2021/373 , art. 8(g) S. 80 in force at 1.9.2021 by S.I. 2021/373 , art. 8(g) S. 81 in force at 1.9.2021 by S.I. 2021/373 , art. 8(g) S. 84 in force at 1.9.2021 by S.I. 2021/373 , art. 8(h) S. 85 in force at 1.9.2021 by S.I. 2021/373 , art. 8(h) S. 86 in force at 1.9.2021 by S.I. 2021/373 , art. 8(h) S. 87 in force at 1.9.2021 by S.I. 2021/373 , art. 8(h) S. 88 in force at 1.9.2021 by S.I. 2021/373 , art. 8(h) S. 89 in force at 1.9.2021 by S.I. 2021/373 , art. 8(h) S. 90 in force at 1.9.2021 by S.I. 2021/373 , art. 8(h) S. 91 in force at 1.9.2021 by S.I. 2021/373 , art. 8(h) S. 92 in force at 1.9.2021 by S.I. 2021/373 , art. 8(h) S. 93 in force at 1.9.2021 by S.I. 2021/373 , art. 8(h) S. 94 in force at 1.9.2021 by S.I. 2021/373 , art. 8(h) S. 96 in force at 1.9.2021 for specified purposes by S.I. 2021/373 , art. 8(i) Sch. 1 para. 2(1) in force at 1.9.2021 for specified purposes by S.I. 2021/373 , art. 8(j)(i) Sch. 1 para. 2(2)(b) in force at 1.9.2021 by S.I. 2021/373 , art. 8(j)(ii) Sch. 1 para. 2(3) in force at 1.9.2021 by S.I. 2021/373 , art. 8(j)(iii) Sch. 1 para. 3 in force at 1.9.2021 by S.I. 2021/373 , art. 8(j)(iv) Sch. 1 para. 4(1) in force at 1.9.2021 for specified purposes by S.I. 2021/373 , art. 8(j)(v) Sch. 1 para. 4(9) in force at 1.9.2021 for specified purposes by S.I. 2021/373 , art. 8(j)(vi) Sch. 1 para. 4(12) in force at 1.9.2021 by S.I. 2021/373 , art. 8(j)(vii) Sch. 1 para. 4(19)(a) in force at 1.9.2021 by S.I. 2021/373 , art. 8(j)(viii) Sch. 1 para. 4(22) in force at 1.9.2021 by S.I. 2021/373 , art. 8(j)(ix) Sch. 1 para. 4(30)(a)(ii) in force at 1.9.2021 by S.I. 2021/373 , art. 8(j)(x) Sch. 1 para. 4(31) in force at 1.9.2021 by S.I. 2021/373 , art. 8(j)(xi) Sch. 1 para. 4(32)(a)(iii) in force at 1.9.2021 by S.I. 2021/373 , art. 8(j)(xii) Sch. 1 para. 4(33)(a) in force at 1.9.2021 by S.I. 2021/373 , art. 8(j)(xiii) Sch. 1 para. 4(33)(b) in force at 1.9.2021 for specified purposes by S.I. 2021/373 , art. 8(j)(xiv) Sch. 1 para. 4(33)(d)(e) in force at 1.9.2021 by S.I. 2021/373 , art. 8(j)(xv) Sch. 1 para. 4(33)(g) in force at 1.9.2021 by S.I. 2021/373 , art. 8(j)(xv) Sch. 1 para. 6(d)(v) in force at 1.9.2021 by S.I. 2021/373 , art. 8(j)(xvi) Sch. 1 para. 6(f)(g) in force at 1.9.2021 by S.I. 2021/373 , art. 8(j)(xvi) Sch. 1 para. 6(j)(i) in force at 1.9.2021 by S.I. 2021/373 , art. 8(j)(xvii) Sch. 1 para. 6(l)(i)(iii) in force at 1.9.2021 by S.I. 2021/373 , art. 8(j)(xviii) Sch. 1 para. 6(n)(ii) in force at 1.9.2021 for specified purposes by S.I. 2021/373 , art. 8(j)(xix) Sch. 1 para. 9 in force at 1.9.2021 by S.I. 2021/373 , art. 8(j)(xxi) Sch. 1 para. 10 in force at 1.9.2021 by S.I. 2021/373 , art. 8(j)(xxii) Sch. 1 para. 11(b) in force at 1.9.2021 by S.I. 2021/373 , art. 8(j)(xxiii) Sch. 1 para. 12(b) in force at 1.9.2021 by S.I. 2021/373 , art. 8(j)(xxiv) Sch. 1 para. 13 in force at 1.9.2021 by S.I. 2021/373 , art. 8(j)(xxv) Sch. 1 para. 14(1) in force at 1.9.2021 for specified purposes by S.I. 2021/373 , art. 8(j)(xxvi) Sch. 1 para. 14(4) in force at 1.9.2021 by S.I. 2021/373 , art. 8(j)(xxvii) Sch. 1 para. 15(1) in force at 1.9.2021 for specified purposes by S.I. 2021/373 , art. 8(j)(xxviii) Sch. 1 para. 15(3)(4) in force at 1.9.2021 by S.I. 2021/373 , art. 8(j)(xxix) Sch. 1 para. 17 in force at 1.9.2021 by S.I. 2021/373 , art. 8(j)(xxx) Sch. 1 para. 18 in force at 1.9.2021 by S.I. 2021/373 , art. 8(j)(xxxi) Sch. 1 para. 19(1) in force at 1.9.2021 for specified purposes by S.I. 2021/373 , art. 8(j)(xxxii) Sch. 1 para. 19(5)(e)(i) in force at 1.9.2021 by S.I. 2021/373 , art. 8(j)(xxxiii) Sch. 1 para. 19(6) in force at 1.9.2021 by S.I. 2021/373 , art. 8(j)(xxxiii) Sch. 1 para. 20 in force at 1.9.2021 by S.I. 2021/373 , art. 8(j)(xxxiv) Sch. 1 para. 21(1) in force at 1.9.2021 for specified purposes by S.I. 2021/373 , art. 8(j)(xxxv) Sch. 1 para. 21(2)(b)(i) in force at 1.9.2021 by S.I. 2021/373 , art. 8(j)(xxxvi) Sch. 1 para. 23(1) in force at 1.9.2021 for specified purposes by S.I. 2021/373 , art. 8(j)(xxxvii) Sch. 1 para. 24(1) in force at 1.9.2021 for specified purposes by S.I. 2021/373 , art. 8(j)(xxxix) S. 50(1)(4)(5) in force at 1.9.2021 for specified purposes by S.I. 2021/373 , arts. 3 , 4 (as amended by S.I. 2021/938 , art. 2(3) ) S. 50(1)(4)(5) in force at 1.9.2021 for specified purposes by S.I. 2021/373 , arts. 6 , 7 (as amended by S.I. 2021/938 , art. 2(4)(5) ) S. 75 in force at 1.9.2021 in so far as not already in force by S.I. 2021/373 , art. 8(g) S. 83 in force at 1.9.2021 in so far as not already in force by S.I. 2021/373 , art. 8(h) S. 95 in force at 1.9.2021 in so far as not already in force by S.I. 2021/373 , art. 8(h) Sch. 1 para. 19(2)(3) in force at 1.9.2021 by S.I. 2021/373 , art. 8(j)(xxxiii) Sch. 1 para. 19(4) in force at 1.9.2021 in so far as not already in force by S.I. 2021/373 , art. 8(j)(xxxiii) Sch. 1 para. 19(5)(f) in force at 1.9.2021 by S.I. 2021/373 , art. 8(j)(xxxiii) Sch. 1 para. 19(5)(g)(h) in force at 1.9.2021 in so far as not already in force by S.I. 2021/373 , art. 8(j)(xxxiii) Sch. 1 para. 24(3) in force at 1.9.2021 for specified purposes by S.I. 2021/373 , arts. 3 , 4 (as amended by S.I. 2021/735 , art. 2(2)(b) and S.I. 2021/938 , art. 2(3) ) Sch. 1 para. 24(3) in force at 1.9.2021 for specified purposes by S.I. 2021/373 , arts. 6 , 7 (as amended by S.I. 2021/735 , art. 2(3)(b) and S.I. 2021/938 , art. 2(4)(5) ) Sch. 1 para. 24(2)(5), (6)(b)(6)(c) in force at 1.9.2021 by S.I. 2021/373 , art. 8(j) (xl) (as substituted by S.I. 2021/735 , art. 2(5)(b) ) S. 16 in force at 1.9.2021 by S.I. 2021/373 , art. 8(za) (as inserted by S.I. 2021/735 , art. 2(5)(a) ) S. 44(1)(d) inserted (1.9.2021) by The Additional Learning Needs (Wales) Regulations 2021 (S.I. 2021/401) , regs. 1(2) , 19(1)(a) S. 44(2)(da) inserted (1.9.2021) by The Additional Learning Needs (Wales) Regulations 2021 (S.I. 2021/401) , regs. 1(2) , 19(1)(b) Words in s. 68(8) inserted (1.9.2021) by The Additional Learning Needs (Wales) Regulations 2021 (S.I. 2021/401) , regs. 1(2) , 33 S. 88(6) inserted (1.9.2021) by The Additional Learning Needs (Wales) Regulations 2021 (S.I. 2021/401) , regs. 1(2) , 4 Sch. 1 para. 5 omitted (1.9.2021) by virtue of Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2) , s. 100(3) , Sch. 1 para. 6(t) ; S.I. 2021/373 , art. 8(j)(xx) Sch. 1 para. 4(2)-(8) in force at 1.1.2022 for specified purposes by S.I. 2021/1243 , art. 3(o)(iii) (with arts. 4-23 ) (as amended by S.I. 2021/1428 , art. 2 ; (10.6.2022) by S.I. 2022/663 , art. 2 and (21.8.2023) by S.I. 2023/932 , art. 2 ) Sch. 1 para. 4(13)-(18) in force at 1.1.2022 for specified purposes by S.I. 2021/1243 , art. 3(o)(vi) (with arts. 4-23 ) (as amended by S.I. 2021/1428 , art. 2 ; (10.6.2022) by S.I. 2022/663 , art. 2 and (21.8.2023) by S.I. 2023/932 , art. 2 ) Sch. 1 para. 4(23)-(29) in force at 1.1.2022 for specified purposes by S.I. 2021/1243 , art. 3(o)(ix) (with arts. 4-23 ) (as amended by S.I. 2021/1428 , art. 2 ; (10.6.2022) by S.I. 2022/663 , art. 2 and (21.8.2023) by S.I. 2023/932 , art. 2 ) Sch. 1 para. 4(2)-(8) in force at 1.1.2022 for specified purposes by S.I. 2021/1245 , arts. 3(o)(iii) , 4 (with art. 1(4) ) Sch. 1 para. 4(13)-(18) in force at 1.1.2022 for specified purposes by S.I. 2021/1245 , arts. 3(o)(vi) , 4 (with art. 1(4) ) Sch. 1 para. 4(23)-(29) in force at 1.1.2022 for specified purposes by S.I. 2021/1245 , arts. 3(o)(ix) , 4 (with art. 1(4) ) Sch. 1 para. 4(2)-(8) in force at 1.1.2022 for specified purposes by S.I. 2021/1244 , art. 3(o)(iii) (with arts. 4-21 ) (as amended by S.I. 2021/1428 , art. 3 ; (10.6.2022) by S.I. 2022/663 , art. 3 and (21.8.2023) by S.I. 2023/932 , art. 3 ) Sch. 1 para. 4(13)-(18) in force at 1.1.2022 for specified purposes by S.I. 2021/1244 , art. 3(o)(vi) (with arts. 4-21 ) (as amended by S.I. 2021/1428 , art. 3 ; (10.6.2022) by S.I. 2022/663 , art. 3 and (21.8.2023) by S.I. 2023/932 , art. 3 ) Sch. 1 para. 4(23)-(29) in force at 1.1.2022 for specified purposes by S.I. 2021/1244 , art. 3(o)(ix) (with arts. 4-21 ) (as amended by S.I. 2021/1428 , art. 3 ; (10.6.2022) by S.I. 2022/663 , art. 3 and (21.8.2023) by S.I. 2023/932 , art. 3 ) S. 2 in force at 1.1.2022 for specified purposes by S.I. 2021/1243 , art. 3(a) (with arts. 4-23 ) (as amended by S.I. 2021/1428 , art. 2 ; (10.6.2022) by S.I. 2022/663 , art. 2 and (21.8.2023) by S.I. 2023/932 , art. 2 ) S. 3 in force at 1.1.2022 for specified purposes by S.I. 2021/1243 , art. 3(a) (with arts. 4-23 ) (as amended by S.I. 2021/1428 , art. 2 ; (10.6.2022) by S.I. 2022/663 , art. 2 and (21.8.2023) by S.I. 2023/932 , art. 2 ) S. 4 in force at 1.1.2022 for specified purposes by S.I. 2021/1243 , art. 3(a) (with arts. 4-23 ) (as amended by S.I. 2021/1428 , art. 2 ; (10.6.2022) by S.I. 2022/663 , art. 2 and (21.8.2023) by S.I. 2023/932 , art. 2 ) S. 6 in force at 1.1.2022 for specified purposes by S.I. 2021/1243 , art. 3(b) (with arts. 4-23 ) (as amended by S.I. 2021/1428 , art. 2 ; (10.6.2022) by S.I. 2022/663 , art. 2 and (21.8.2023) by S.I. 2023/932 , art. 2 ) S. 7 in force at 1.1.2022 for specified purposes by S.I. 2021/1243 , art. 3(b) (with arts. 4-23 ) (as amended by S.I. 2021/1428 , art. 2 ; (10.6.2022) by S.I. 2022/663 , art. 2 and (21.8.2023) by S.I. 2023/932 , art. 2 ) S. 8 in force at 1.1.2022 for specified purposes by S.I. 2021/1243 , art. 3(b) (with arts. 4-23 ) (as amended by S.I. 2021/1428 , art. 2 ; (10.6.2022) by S.I. 2022/663 , art. 2 and (21.8.2023) by S.I. 2023/932 , art. 2 ) S. 9 in force at 1.1.2022 for specified purposes by S.I. 2021/1243 , art. 3(b) (with arts. 4-23 ) (as amended by S.I. 2021/1428 , art. 2 ; (10.6.2022) by S.I. 2022/663 , art. 2 and (21.8.2023) by S.I. 2023/932 , art. 2 ) S. 10 in force at 1.1.2022 for specified purposes by S.I. 2021/1243 , art. 3(b) (with arts. 4-23 ) (as amended by S.I. 2021/1428 , art. 2 ; (10.6.2022) by S.I. 2022/663 , art. 2 and (21.8.2023) by S.I. 2023/932 , art. 2 ) S. 11 in force at 1.1.2022 for specified purposes by S.I. 2021/1243 , art. 3(b) (with arts. 4-23 ) (as amended by S.I. 2021/1428 , art. 2 ; (10.6.2022) by S.I. 2022/663 , art. 2 and (21.8.2023) by S.I. 2023/932 , art. 2 ) S. 12 in force at 1.1.2022 for specified purposes by S.I. 2021/1243 , art. 3(b) (with arts. 4-23 ) (as amended by S.I. 2021/1428 , art. 2 ; (10.6.2022) by S.I. 2022/663 , art. 2 and (21.8.2023) by S.I. 2023/932 , art. 2 ) S. 13 in force at 1.1.2022 for specified purposes by S.I. 2021/1243 , art. 3(b) (with arts. 4-23 ) (as amended by S.I. 2021/1428 , art. 2 ; (10.6.2022) by S.I. 2022/663 , art. 2 and (21.8.2023) by S.I. 2023/932 , art. 2 ) S. 14 in force at 1.1.2022 for specified purposes by S.I. 2021/1243 , art. 3(b) (with arts. 4-23 ) (as amended by S.I. 2021/1428 , art. 2 ; (10.6.2022) by S.I. 2022/663 , art. 2 and (21.8.2023) by S.I. 2023/932 , art. 2 ) S. 17 in force at 1.1.2022 for specified purposes by S.I. 2021/1243 , art. 3(c) (with arts. 4-23 ) (as amended by S.I. 2021/1428 , art. 2 ; (10.6.2022) by S.I. 2022/663 , art. 2 and (21.8.2023) by S.I. 2023/932 , art. 2 ) S. 18 in force at 1.1.2022 for specified purposes by S.I. 2021/1243 , art. 3(c) (with arts. 4-23 ) (as amended by S.I. 2021/1428 , art. 2 ; (10.6.2022) by S.I. 2022/663 , art. 2 and (21.8.2023) by S.I. 2023/932 , art. 2 ) S. 19 in force at 1.1.2022 for specified purposes by S.I. 2021/1243 , art. 3(c) (with arts. 4-23 ) (as amended by S.I. 2021/1428 , art. 2 ; (10.6.2022) by S.I. 2022/663 , art. 2 and (21.8.2023) by S.I. 2023/932 , art. 2 ) S. 20 in force at 1.1.2022 for specified purposes by S.I. 2021/1243 , art. 3(c) (with arts. 4-23 ) (as amended by S.I. 2021/1428 , art. 2 ; (10.6.2022) by S.I. 2022/663 , art. 2 and (21.8.2023) by S.I. 2023/932 , art. 2 ) S. 21 in force at 1.1.2022 for specified purposes by S.I. 2021/1243 , art. 3(c) (with arts. 4-23 ) (as amended by S.I. 2021/1428 , art. 2 ; (10.6.2022) by S.I. 2022/663 , art. 2 and (21.8.2023) by S.I. 2023/932 , art. 2 ) S. 22 in force at 1.1.2022 for specified purposes by S.I. 2021/1243 , art. 3(c) (with arts. 4-23 ) (as amended by S.I. 2021/1428 , art. 2 ; (10.6.2022) by S.I. 2022/663 , art. 2 and (21.8.2023) by S.I. 2023/932 , art. 2 ) S. 23 in force at 1.1.2022 for specified purposes by S.I. 2021/1243 , art. 3(c) (with arts. 4-23 ) (as amended by S.I. 2021/1428 , art. 2 ; (10.6.2022) by S.I. 2022/663 , art. 2 and (21.8.2023) by S.I. 2023/932 , art. 2 ) S. 24 in force at 1.1.2022 for specified purposes by S.I. 2021/1243 , art. 3(c) (with arts. 4-23 ) (as amended by S.I. 2021/1428 , art. 2 ; (10.6.2022) by S.I. 2022/663 , art. 2 and (21.8.2023) by S.I. 2023/932 , art. 2 ) S. 25 in force at 1.1.2022 for specified purposes by S.I. 2021/1243 , art. 3(c) (with arts. 4-23 ) (as amended by S.I. 2021/1428 , art. 2 ; (10.6.2022) by S.I. 2022/663 , art. 2 and (21.8.2023) by S.I. 2023/932 , art. 2 ) S. 26 in force at 1.1.2022 for specified purposes by S.I. 2021/1243 , art. 3(c) (with arts. 4-23 ) (as amended by S.I. 2021/1428 , art. 2 ; (10.6.2022) by S.I. 2022/663 , art. 2 and (21.8.2023) by S.I. 2023/932 , art. 2 ) S. 27 in force at 1.1.2022 for specified purposes by S.I. 2021/1243 , art. 3(c) (with arts. 4-23 ) (as amended by S.I. 2021/1428 , art. 2 ; (10.6.2022) by S.I. 2022/663 , art. 2 and (21.8.2023) by S.I. 2023/932 , art. 2 ) S. 28 in force at 1.1.2022 for specified purposes by S.I. 2021/1243 , art. 3(c) (with arts. 4-23 ) (as amended by S.I. 2021/1428 , art. 2 ; (10.6.2022) by S.I. 2022/663 , art. 2 and (21.8.2023) by S.I. 2023/932 , art. 2 ) S. 29 in force at 1.1.2022 for specified purposes by S.I. 2021/1243 , art. 3(c) (with arts. 4-23 ) (as amended by S.I. 2021/1428 , art. 2 ; (10.6.2022) by S.I. 2022/663 , art. 2 and (21.8.2023) by S.I. 2023/932 , art. 2 ) S. 30 in force at 1.1.2022 for specified purposes by S.I. 2021/1243 , art. 3(c) (with arts. 4-23 ) (as amended by S.I. 2021/1428 , art. 2 ; (10.6.2022) by S.I. 2022/663 , art. 2 and (21.8.2023) by S.I. 2023/932 , art. 2 ) S. 31 in force at 1.1.2022 for specified purposes by S.I. 2021/1243 , art. 3(c) (with arts. 4-23 ) (as amended by S.I. 2021/1428 , art. 2 ; (10.6.2022) by S.I. 2022/663 , art. 2 and (21.8.2023) by S.I. 2023/932 , art. 2 ) S. 32 in force at 1.1.2022 for specified purposes by S.I. 2021/1243 , art. 3(c) (with arts. 4-23 ) (as amended by S.I. 2021/1428 , art. 2 ; (10.6.2022) by S.I. 2022/663 , art. 2 and (21.8.2023) by S.I. 2023/932 , art. 2 ) S. 33 in force at 1.1.2022 for specified purposes by S.I. 2021/1243 , art. 3(c) (with arts. 4-23 ) (as amended by S.I. 2021/1428 , art. 2 ; (10.6.2022) by S.I. 2022/663 , art. 2 and (21.8.2023) by S.I. 2023/932 , art. 2 ) S. 34 in force at 1.1.2022 for specified purposes by S.I. 2021/1243 , art. 3(c) (with arts. 4-23 ) (as amended by S.I. 2021/1428 , art. 2 ; (10.6.2022) by S.I. 2022/663 , art. 2 and (21.8.2023) by S.I. 2023/932 , art. 2 ) S. 35 in force at 1.1.2022 for specified purposes by S.I. 2021/1243 , art. 3(c) (with arts. 4-23 ) (as amended by S.I. 2021/1428 , art. 2 ; (10.6.2022) by S.I. 2022/663 , art. 2 and (21.8.2023) by S.I. 2023/932 , art. 2 ) S. 36 in force at 1.1.2022 for specified purposes by S.I. 2021/1243 , art. 3(c) (with arts. 4-23 ) (as amended by S.I. 2021/1428 , art. 2 ; (10.6.2022) by S.I. 2022/663 , art. 2 ; and (21.8.2023) by S.I. 2023/932 , art. 2 ) S. 38 in force at 1.1.2022 for specified purposes by S.I. 2021/1243 , art. 3(d) (with arts. 4-23 ) (as amended by S.I. 2021/1428 , art. 2 ; (10.6.2022) by S.I. 2022/663 , art. 2 and (21.8.2023) by S.I. 2023/932 , art. 2 ) S. 40 in force at 1.1.2022 for specified purposes by S.I. 2021/1243 , art. 3(e) (with arts. 4-23 ) (as amended by S.I. 2021/1428 , art. 2 ; (10.6.2022) by S.I. 2022/663 , art. 2 and (21.8.2023) by S.I. 2023/932 , art. 2 ) S. 41 in force at 1.1.2022 for specified purposes by S.I. 2021/1243 , art. 3(e) (with arts. 4-23 ) (as amended by S.I. 2021/1428 , art. 2 ; (10.6.2022) by S.I. 2022/663 , art. 2 and (21.8.2023) by S.I. 2023/932 , art. 2 ) S. 42 in force at 1.1.2022 for specified purposes by S.I. 2021/1243 , art. 3(e) (with arts. 4-23 ) (as amended by S.I. 2021/1428 , art. 2 ; (10.6.2022) by S.I. 2022/663 , art. 2 and (21.8.2023) by S.I. 2023/932 , art. 2 ) S. 43 in force at 1.1.2022 for specified purposes by S.I. 2021/1243 , art. 3(e) (with arts. 4-23 ) (as amended by S.I. 2021/1428 , art. 2 ; (10.6.2022) by S.I. 2022/663 , art. 2 and (21.8.2023) by S.I. 2023/932 , art. 2 ) S. 44 in force at 1.1.2022 for specified purposes by S.I. 2021/1243 , art. 3(e) (with arts. 4-23 ) (as amended by S.I. 2021/1428 , art. 2 ; (10.6.2022) by S.I. 2022/663 , art. 2 and (21.8.2023) by S.I. 2023/932 , art. 2 ) S. 47 in force at 1.1.2022 for specified purposes by S.I. 2021/1243 , art. 3(f) (with arts. 4-23 ) (as amended by S.I. 2021/1428 , art. 2 ; (10.6.2022) by S.I. 2022/663 , art. 2 and (21.8.2023) by S.I. 2023/932 , art. 2 ) S. 48 in force at 1.1.2022 for specified purposes by S.I. 2021/1243 , art. 3(f) (with arts. 4-23 ) (as amended by S.I. 2021/1428 , art. 2 ; (10.6.2022) by S.I. 2022/663 , art. 2 and (21.8.2023) by S.I. 2023/932 , art. 2 ) S. 49 in force at 1.1.2022 for specified purposes by S.I. 2021/1243 , art. 3(f) (with arts. 4-23 ) (as amended by S.I. 2021/1428 , art. 2 ; (10.6.2022) by S.I. 2022/663 , art. 2 and (21.8.2023) by S.I. 2023/932 , art. 2 ) S. 50(1) in force at 1.1.2022 for specified purposes by S.I. 2021/1243 , art. 3(g) (with arts. 4-23 ) (as amended by S.I. 2021/1428 , art. 2 ; (10.6.2022) by S.I. 2022/663 , art. 2 and (21.8.2023) by S.I. 2023/932 , art. 2 ) S. 50(4)(5) in force at 1.1.2022 for specified purposes by S.I. 2021/1243 , art. 3(h) (with arts. 4-23 ) (as amended by S.I. 2021/1428 , art. 2 ; (10.6.2022) by S.I. 2022/663 , art. 2 and (21.8.2023) by S.I. 2023/932 , art. 2 ) S. 51 in force at 1.1.2022 for specified purposes by S.I. 2021/1243 , art. 3(i) (with arts. 4-23 ) (as amended by S.I. 2021/1428 , art. 2 ; (10.6.2022) by S.I. 2022/663 , art. 2 and (21.8.2023) by S.I. 2023/932 , art. 2 ) S. 52 in force at 1.1.2022 for specified purposes by S.I. 2021/1243 , art. 3(i) (with arts. 4-23 ) (as amended by S.I. 2021/1428 , art. 2 ; (10.6.2022) by S.I. 2022/663 , art. 2 and (21.8.2023) by S.I. 2023/932 , art. 2 ) S. 53 in force at 1.1.2022 for specified purposes by S.I. 2021/1243 , art. 3(i) (with arts. 4-23 ) (as amended by S.I. 2021/1428 , art. 2 ; (10.6.2022) by S.I. 2022/663 , art. 2 and (21.8.2023) by S.I. 2023/932 , art. 2 ) S. 55 in force at 1.1.2022 for specified purposes by S.I. 2021/1243 , art. 3(j) (with arts. 4-23 ) (as amended by S.I. 2021/1428 , art. 2 ; (10.6.2022) by S.I. 2022/663 , art. 2 and (21.8.2023) by S.I. 2023/932 , art. 2 ) S. 59 in force at 1.1.2022 for specified purposes by S.I. 2021/1243 , art. 3(k) (with arts. 4-23 ) (as amended by S.I. 2021/1428 , art. 2 ; (10.6.2022) by S.I. 2022/663 , art. 2 and (21.8.2023) by S.I. 2023/932 , art. 2 ) S. 63 in force at 1.1.2022 for specified purposes by S.I. 2021/1243 , art. 3(l) (with arts. 4-23 ) (as amended by S.I. 2021/1428 , art. 2 ; (10.6.2022) by S.I. 2022/663 , art. 2 and (21.8.2023) by S.I. 2023/932 , art. 2 ) S. 64 in force at 1.1.2022 for specified purposes by S.I. 2021/1243 , art. 3(l) (with arts. 4-23 ) (as amended by S.I. 2021/1428 , art. 2 ; (10.6.2022) by S.I. 2022/663 , art. 2 and (21.8.2023) by S.I. 2023/932 , art. 2 ) S. 65 in force at 1.1.2022 for specified purposes by S.I. 2021/1243 , art. 3(l) (with arts. 4-23 ) (as amended by S.I. 2021/1428 , art. 2 ; (10.6.2022) by S.I. 2022/663 , art. 2 and (21.8.2023) by S.I. 2023/932 , art. 2 ) S. 66 in force at 1.1.2022 for specified purposes by S.I. 2021/1243 , art. 3(l) (with arts. 4-23 ) (as amended by S.I. 2021/1428 , art. 2 ; (10.6.2022) by S.I. 2022/663 , art. 2 and (21.8.2023) by S.I. 2023/932 , art. 2 ) S. 68 in force at 1.1.2022 for specified purposes by S.I. 2021/1243 , art. 3(m) (with arts. 4-23 ) (as amended by S.I. 2021/1428 , art. 2 ; (10.6.2022) by S.I. 2022/663 , art. 2 and (21.8.2023) by S.I. 2023/932 , art. 2 ) S. 69 in force at 1.1.2022 for specified purposes by S.I. 2021/1243 , art. 3(m) (with arts. 4-23 ) (as amended by S.I. 2021/1428 , art. 2 ; (10.6.2022) by S.I. 2022/663 , art. 2 and (21.8.2023) by S.I. 2023/932 , art. 2 ) S. 96 in force at 1.1.2022 for specified purposes by S.I. 2021/1243 , art. 3(n) (with arts. 4-23 ) (as amended by S.I. 2021/1428 , art. 2 ; (10.6.2022) by S.I. 2022/663 , art. 2 and (21.8.2023) by S.I. 2023/932 , art. 2 ) Sch. 1 para. 1 in force at 1.1.2022 for specified purposes by S.I. 2021/1243 , art. 3(o)(i) (with arts. 4-23 ) (as amended by S.I. 2021/1428 , art. 2 ; (10.6.2022) by S.I. 2022/663 , art. 2 and (21.8.2023) by S.I. 2023/932 , art. 2 ) Sch. 1 para. 4(1) in force at 1.1.2022 for specified purposes by S.I. 2021/1243 , art. 3(o)(ii) (with arts. 4-23 ) (as amended by S.I. 2021/1428 , art. 2 ; (10.6.2022) by S.I. 2022/663 , art. 2 and (21.8.2023) by S.I. 2023/932 , art. 2 ) Sch. 1 para. 4(9) in force at 1.1.2022 for specified purposes by S.I. 2021/1243 , art. 3(o)(iv) (with arts. 4-23 ) (as amended by S.I. 2021/1428 , art. 2 ; (10.6.2022) by S.I. 2022/663 , art. 2 and (21.8.2023) by S.I. 2023/932 , art. 2 ) Sch. 1 para. 4(10) in force at 1.1.2022 for specified purposes by S.I. 2021/1243 , art. 3(o)(v) (with arts. 4-23 ) (as amended by S.I. 2021/1428 , art. 2 ; (10.6.2022) by S.I. 2022/663 , art. 2 and (21.8.2023) by S.I. 2023/932 , art. 2 ) Sch. 1 para. 4(19)(b) in force at 1.1.2022 for specified purposes by S.I. 2021/1243 , art. 3(o)(vii) (with arts. 4-23 ) (as amended by S.I. 2021/1428 , art. 2 ; (10.6.2022) by S.I. 2022/663 , art. 2 and (21.8.2023) by S.I. 2023/932 , art. 2 ) Sch. 1 para. 4(20)(21) in force at 1.1.2022 for specified purposes by S.I. 2021/1243 , art. 3(o)(viii) (with arts. 4-23 ) (as amended by S.I. 2021/1428 , art. 2 ; (10.6.2022) by S.I. 2022/663 , art. 2 and (21.8.2023) by S.I. 2023/932 , art. 2 ) Sch. 1 para. 4(32)(a)(i)(ii)(b) in force at 1.1.2022 for specified purposes by S.I. 2021/1243 , art. 3(o)(x) (with arts. 4-23 ) (as amended by S.I. 2021/1428 , art. 2 ; (10.6.2022) by S.I. 2022/663 , art. 2 and (21.8.2023) by S.I. 2023/932 , art. 2 ) Sch. 1 para. 7 in force at 1.1.2022 for specified purposes by S.I. 2021/1243 , art. 3(o)(xi) (with arts. 4-23 ) (as amended by S.I. 2021/1428 , art. 2 ; (10.6.2022) by S.I. 2022/663 , art. 2 and (21.8.2023) by S.I. 2023/932 , art. 2 ) Sch. 1 para. 8 in force at 1.1.2022 for specified purposes by S.I. 2021/1243 , art. 3(o)(xii) (with arts. 4-23 ) (as amended by S.I. 2021/1428 , art. 2 ; (10.6.2022) by S.I. 2022/663 , art. 2 and (21.8.2023) by S.I. 2023/932 , art. 2 ) Sch. 1 para. 11(a) in force at 1.1.2022 for specified purposes by S.I. 2021/1243 , art. 3(o)(xiii) (with arts. 4-23 ) (as amended by S.I. 2021/1428 , art. 2 ; (10.6.2022) by S.I. 2022/663 , art. 2 and (21.8.2023) by S.I. 2023/932 , art. 2 ) Sch. 1 para. 12(a) in force at 1.1.2022 for specified purposes by S.I. 2021/1243 , art. 3(o)(xiv) (with arts. 4-23 ) (as amended by S.I. 2021/1428 , art. 2 ; (10.6.2022) by S.I. 2022/663 , art. 2 and (21.8.2023) by S.I. 2023/932 , art. 2 ) Sch. 1 para. 14(1) in force at 1.1.2022 for specified purposes by S.I. 2021/1243 , art. 3(o)(xv) (with arts. 4-23 ) (as amended by S.I. 2021/1428 , art. 2 ; (10.6.2022) by S.I. 2022/663 , art. 2 and (21.8.2023) by S.I. 2023/932 , art. 2 ) Sch. 1 para. 14(2)(3) in force at 1.1.2022 for specified purposes by S.I. 2021/1243 , art. 3(o)(xvi) (with arts. 4-23 ) (as amended by S.I. 2021/1428 , art. 2 ; (10.6.2022) by S.I. 2022/663 , art. 2 and (21.8.2023) by S.I. 2023/932 , art. 2 ) Sch. 1 para. 19(1) in force at 1.1.2022 for specified purposes by S.I. 2021/1243 , art. 3(o)(xvii) (with arts. 4-23 ) (as amended by S.I. 2021/1428 , art. 2 ; (10.6.2022) by S.I. 2022/663 , art. 2 and (21.8.2023) by S.I. 2023/932 , art. 2 ) Sch. 1 para. 19(5)(e)(ii) in force at 1.1.2022 for specified purposes by S.I. 2021/1243 , art. 3(o)(xviii) (with arts. 4-23 ) (as amended by S.I. 2021/1428 , art. 2 ; (10.6.2022) by S.I. 2022/663 , art. 2 and (21.8.2023) by S.I. 2023/932 , art. 2 ) Sch. 1 para. 21(1) in force at 1.1.2022 for specified purposes by S.I. 2021/1243 , art. 3(o)(xix) (with arts. 4-23 ) (as amended by S.I. 2021/1428 , art. 2 ; (10.6.2022) by S.I. 2022/663 , art. 2 and (21.8.2023) by S.I. 2023/932 , art. 2 ) Sch. 1 para. 21(2)(a)(i) in force at 1.1.2022 for specified purposes by S.I. 2021/1243 , art. 3(o)(xx) (with arts. 4-23 ) (as amended by S.I. 2021/1428 , art. 2 ; (10.6.2022) by S.I. 2022/663 , art. 2 and (21.8.2023) by S.I. 2023/932 , art. 2 ) Sch. 1 para. 21(2)(b)(ii) in force at 1.1.2022 for specified purposes by S.I. 2021/1243 , art. 3(o)(xx) (with arts. 4-23 ) (as amended by S.I. 2021/1428 , art. 2 ; (10.6.2022) by S.I. 2022/663 , art. 2 and (21.8.2023) by S.I. 2023/932 , art. 2 ) Sch. 1 para. 22 in force at 1.1.2022 for specified purposes by S.I. 2021/1243 , art. 3(o)(xxi) (with arts. 4-23 ) (as amended by S.I. 2021/1428 , art. 2 ; (10.6.2022) by S.I. 2022/663 , art. 2 and (21.8.2023) by S.I. 2023/932 , art. 2 ) Sch. 1 para. 23(1) in force at 1.1.2022 for specified purposes by S.I. 2021/1243 , art. 3(o)(xxii) (with arts. 4-23 ) (as amended by S.I. 2021/1428 , art. 2 ; (10.6.2022) by S.I. 2022/663 , art. 2 and (21.8.2023) by S.I. 2023/932 , art. 2 ) Sch. 1 para. 23(4) in force at 1.1.2022 for specified purposes by S.I. 2021/1243 , art. 3(o)(xxiii) (with arts. 4-23 ) (as amended by S.I. 2021/1428 , art. 2 ; (10.6.2022) by S.I. 2022/663 , art. 2 and (21.8.2023) by S.I. 2023/932 , art. 2 ) Sch. 1 para. 24(1) in force at 1.1.2022 for specified purposes by S.I. 2021/1243 , art. 3(o)(xxiv) (with arts. 4-23 ) (as amended by S.I. 2021/1428 , art. 2 ; (10.6.2022) by S.I. 2022/663 , art. 2 and (21.8.2023) by S.I. 2023/932 , art. 2 ) Sch. 1 para. 24(3) , (6)(a) in force at 1.1.2022 for specified purposes by S.I. 2021/1243 , art. 3(o)(xxv) (with arts. 4-23 ) (as amended by S.I. 2021/1428 , art. 2 ; (10.6.2022) by S.I. 2022/663 , art. 2 and (21.8.2023) by S.I. 2023/932 , art. 2 ) S. 2 in force at 1.1.2022 for specified purposes by S.I. 2021/1245 , arts. 3(a) , 4 (with art. 1(4) ) S. 3 in force at 1.1.2022 for specified purposes by S.I. 2021/1245 , arts. 3(a) , 4 (with art. 1(4) ) S. 4 in force at 1.1.2022 for specified purposes by S.I. 2021/1245 , arts. 3(a) , 4 (with art. 1(4) ) S. 6 in force at 1.1.2022 for specified purposes by S.I. 2021/1245 , arts. 3(b) , 4 (with art. 1(4) ) S. 7 in force at 1.1.2022 for specified purposes by S.I. 2021/1245 , arts. 3(b) , 4 (with art. 1(4) ) S. 8 in force at 1.1.2022 for specified purposes by S.I. 2021/1245 , arts. 3(b) , 4 (with art. 1(4) ) S. 9 in force at 1.1.2022 for specified purposes by S.I. 2021/1245 , arts. 3(b) , 4 (with art. 1(4) ) S. 10 in force at 1.1.2022 for specified purposes by S.I. 2021/1245 , arts. 3(b) , 4 (with art. 1(4) ) S. 11 in force at 1.1.2022 for specified purposes by S.I. 2021/1245 , arts. 3(b) , 4 (with art. 1(4) ) S. 12 in force at 1.1.2022 for specified purposes by S.I. 2021/1245 , arts. 3(b) , 4 (with art. 1(4) ) S. 13 in force at 1.1.2022 for specified purposes by S.I. 2021/1245 , arts. 3(b) , 4 (with art. 1(4) ) S. 14 in force at 1.1.2022 for specified purposes by S.I. 2021/1245 , arts. 3(b) , 4 (with art. 1(4) ) S. 17 in force at 1.1.2022 for specified purposes by S.I. 2021/1245 , arts. 3(c) , 4 (with art. 1(4) ) S. 18 in force at 1.1.2022 for specified purposes by S.I. 2021/1245 , arts. 3(c) , 4 (with art. 1(4) ) S. 19 in force at 1.1.2022 for specified purposes by S.I. 2021/1245 , arts. 3(c) , 4 (with art. 1(4) ) S. 20 in force at 1.1.2022 for specified purposes by S.I. 2021/1245 , arts. 3(c) , 4 (with art. 1(4) ) S. 21 in force at 1.1.2022 for specified purposes by S.I. 2021/1245 , arts. 3(c) , 4 (with art. 1(4) ) S. 22 in force at 1.1.2022 for specified purposes by S.I. 2021/1245 , arts. 3(c) , 4 (with art. 1(4) ) S. 23 in force at 1.1.2022 for specified purposes by S.I. 2021/1245 , arts. 3(c) , 4 (with art. 1(4) ) S. 24 in force at 1.1.2022 for specified purposes by S.I. 2021/1245 , arts. 3(c) , 4 (with art. 1(4) ) S. 25 in force at 1.1.2022 for specified purposes by S.I. 2021/1245 , arts. 3(c) , 4 (with art. 1(4) ) S. 26 in force at 1.1.2022 for specified purposes by S.I. 2021/1245 , arts. 3(c) , 4 (with art. 1(4) ) S. 27 in force at 1.1.2022 for specified purposes by S.I. 2021/1245 , arts. 3(c) , 4 (with art. 1(4) ) S. 28 in force at 1.1.2022 for specified purposes by S.I. 2021/1245 , arts. 3(c) , 4 (with art. 1(4) ) S. 29 in force at 1.1.2022 for specified purposes by S.I. 2021/1245 , arts. 3(c) , 4 (with art. 1(4) ) S. 30 in force at 1.1.2022 for specified purposes by S.I. 2021/1245 , arts. 3(c) , 4 (with art. 1(4) ) S. 31 in force at 1.1.2022 for specified purposes by S.I. 2021/1245 , arts. 3(c) , 4 (with art. 1(4) ) S. 32 in force at 1.1.2022 for specified purposes by S.I. 2021/1245 , arts. 3(c) , 4 (with art. 1(4) ) S. 33 in force at 1.1.2022 for specified purposes by S.I. 2021/1245 , arts. 3(c) , 4 (with art. 1(4) ) S. 34 in force at 1.1.2022 for specified purposes by S.I. 2021/1245 , arts. 3(c) , 4 (with art. 1(4) ) S. 35 in force at 1.1.2022 for specified purposes by S.I. 2021/1245 , arts. 3(c) , 4 (with art. 1(4) ) S. 36 in force at 1.1.2022 for specified purposes by S.I. 2021/1245 , arts. 3(c) , 4 (with art. 1(4) ) S. 38 in force at 1.1.2022 for specified purposes by S.I. 2021/1245 , arts. 3(d) , 4 (with art. 1(4) ) S. 40 in force at 1.1.2022 for specified purposes by S.I. 2021/1245 , arts. 3(e) , 4 (with art. 1(4) ) S. 41 in force at 1.1.2022 for specified purposes by S.I. 2021/1245 , arts. 3(e) , 4 (with art. 1(4) ) S. 42 in force at 1.1.2022 for specified purposes by S.I. 2021/1245 , arts. 3(e) , 4 (with art. 1(4) ) S. 43 in force at 1.1.2022 for specified purposes by S.I. 2021/1245 , arts. 3(e) , 4 (with art. 1(4) ) S. 44 in force at 1.1.2022 for specified purposes by S.I. 2021/1245 , arts. 3(e) , 4 (with art. 1(4) ) S. 47 in force at 1.1.2022 for specified purposes by S.I. 2021/1245 , arts. 3(f) , 4 (with art. 1(4) ) S. 48 in force at 1.1.2022 for specified purposes by S.I. 2021/1245 , arts. 3(f) , 4 (with art. 1(4) ) S. 49 in force at 1.1.2022 for specified purposes by S.I. 2021/1245 , arts. 3(f) , 4 (with art. 1(4) ) S. 50(1) in force at 1.1.2022 for specified purposes by S.I. 2021/1245 , arts. 3(g) , 4 (with art. 1(4) ) S. 50(4) (5) in force at 1.1.2022 for specified purposes by S.I. 2021/1245 , arts. 3(h) , 4 (with art. 1(4) ) S. 51 in force at 1.1.2022 for specified purposes by S.I. 2021/1245 , arts. 3(i) , 4 (with art. 1(4) ) S. 52 in force at 1.1.2022 for specified purposes by S.I. 2021/1245 , arts. 3(i) , 4 (with art. 1(4) ) S. 53 in force at 1.1.2022 for specified purposes by S.I. 2021/1245 , arts. 3(i) , 4 (with art. 1(4) ) S. 55 in force at 1.1.2022 for specified purposes by S.I. 2021/1245 , arts. 3(j) , 4 (with art. 1(4) ) S. 59 in force at 1.1.2022 for specified purposes by S.I. 2021/1245 , arts. 3(k) , 4 (with art. 1(4) ) S. 63 in force at 1.1.2022 for specified purposes by S.I. 2021/1245 , arts. 3(l) , 4 (with art. 1(4) ) S. 64 in force at 1.1.2022 for specified purposes by S.I. 2021/1245 , arts. 3(l) , 4 (with art. 1(4) ) S. 65 in force at 1.1.2022 for specified purposes by S.I. 2021/1245 , arts. 3(l) , 4 (with art. 1(4) ) S. 66 in force at 1.1.2022 for specified purposes by S.I. 2021/1245 , arts. 3(l) , 4 (with art. 1(4) ) S. 68 in force at 1.1.2022 for specified purposes by S.I. 2021/1245 , arts. 3(m) , 4 (with art. 1(4) ) S. 69 in force at 1.1.2022 for specified purposes by S.I. 2021/1245 , arts. 3(m) , 4 (with art. 1(4) ) S. 96 in force at 1.1.2022 for specified purposes by S.I. 2021/1245 , arts. 3(n) , 4 (with art. 1(4) ) Sch. 1 para. 1 in force at 1.1.2022 for specified purposes by S.I. 2021/1245 , arts. 3(o)(i) , 4 (with art. 1(4) ) Sch. 1 para. 4(1) in force at 1.1.2022 for specified purposes by S.I. 2021/1245 , arts. 3(o)(ii) , 4 (with art. 1(4) ) Sch. 1 para. 4(9) in force at 1.1.2022 for specified purposes by S.I. 2021/1245 , arts. 3(o)(iv) , 4 (with art. 1(4) ) Sch. 1 para. 4(10) in force at 1.1.2022 for specified purposes by S.I. 2021/1245 , arts. 3(o)(v) , 4 (with art. 1(4) ) Sch. 1 para. 4(19)(b) in force at 1.1.2022 for specified purposes by S.I. 2021/1245 , arts. 3(o)(vii) , 4 (with art. 1(4) ) Sch. 1 para. 4(20) (21) in force at 1.1.2022 for specified purposes by S.I. 2021/1245 , arts. 3(o)(viii) , 4 (with art. 1(4) ) Sch. 1 para. 4(32)(a)(i)(ii)(b) in force at 1.1.2022 for specified purposes by S.I. 2021/1245 , arts. 3(o)(x) , 4 (with art. 1(4) ) Sch. 1 para. 7 in force at 1.1.2022 for specified purposes by S.I. 2021/1245 , arts. 3(o)(xi) , 4 (with art. 1(4) ) Sch. 1 para. 8 in force at 1.1.2022 for specified purposes by S.I. 2021/1245 , arts. 3(o)(xii) , 4 (with art. 1(4) ) Sch. 1 para. 11(a) in force at 1.1.2022 for specified purposes by S.I. 2021/1245 , arts. 3(o)(xiii) , 4 (with art. 1(4) ) Sch. 1 para. 12(a) in force at 1.1.2022 for specified purposes by S.I. 2021/1245 , arts. 3(o)(xiv) , 4 (with art. 1(4) ) Sch. 1 para. 14(1) in force at 1.1.2022 for specified purposes by S.I. 2021/1245 , arts. 3(o)(xv) , 4 (with art. 1(4) ) Sch. 1 para. 14(2) (3) in force at 1.1.2022 for specified purposes by S.I. 2021/1245 , arts. 3(o)(xvi) , 4 (with art. 1(4) ) Sch. 1 para. 19(1) in force at 1.1.2022 for specified purposes by S.I. 2021/1245 , arts. 3(o)(xvii) , 4 (with art. 1(4) ) Sch. 1 para. 19(5)(e)(ii) in force at 1.1.2022 for specified purposes by S.I. 2021/1245 , arts. 3(o)(xviii) , 4 (with art. 1(4) ) Sch. 1 para. 21(1) in force at 1.1.2022 for specified purposes by S.I. 2021/1245 , arts. 3(o)(xix) , 4 (with art. 1(4) ) Sch. 1 para. 21(2)(a)(i), (b)(ii) in force at 1.1.2022 for specified purposes by S.I. 2021/1245 , arts. 3(o)(xx) , 4 (with art. 1(4) ) Sch. 1 para. 22 in force at 1.1.2022 for specified purposes by S.I. 2021/1245 , arts. 3(o)(xxi) , 4 (with art. 1(4) ) Sch. 1 para. 23(1) in force at 1.1.2022 for specified purposes by S.I. 2021/1245 , arts. 3(o)(xxii) , 4 (with art. 1(4) ) Sch. 1 para. 23(4) in force at 1.1.2022 for specified purposes by S.I. 2021/1245 , arts. 3(o)(xxiii) , 4 (with art. 1(4) ) Sch. 1 para. 24(1) in force at 1.1.2022 for specified purposes by S.I. 2021/1245 , arts. 3(o)(xxiv) , 4 (with art. 1(4) ) Sch. 1 para. 24(3) , (6)(a) in force at 1.1.2022 for specified purposes by S.I. 2021/1245 , arts. 3(o)(xxv) , 4 (with art. 1(4) ) S. 2 in force at 1.1.2022 for specified purposes by S.I. 2021/1244 , art. 3(a) (with arts. 4-21 ) (as amended by S.I. 2021/1428 , art. 3 ; (10.6.2022) by S.I. 2022/663 , art. 3 and (21.8.2023) by S.I. 2023/932 , art. 3 ) S. 3 in force at 1.1.2022 for specified purposes by S.I. 2021/1244 , art. 3(a) (with arts. 4-21 ) (as amended by S.I. 2021/1428 , art. 3 ; (10.6.2022) by S.I. 2022/663 , art. 3 and (21.8.2023) by S.I. 2023/932 , art. 3 ) S. 4 in force at 1.1.2022 for specified purposes by S.I. 2021/1244 , art. 3(a) (with arts. 4-21 ) (as amended by S.I. 2021/1428 , art. 3 ; (10.6.2022) by S.I. 2022/663 , art. 3 and (21.8.2023) by S.I. 2023/932 , art. 3 ) S. 6 in force at 1.1.2022 for specified purposes by S.I. 2021/1244 , art. 3(b) (with arts. 4-21 ) (as amended by S.I. 2021/1428 , art. 3 ; (10.6.2022) by S.I. 2022/663 , art. 3 and (21.8.2023) by S.I. 2023/932 , art. 3 ) S. 7 in force at 1.1.2022 for specified purposes by S.I. 2021/1244 , art. 3(b) (with arts. 4-21 ) (as amended by S.I. 2021/1428 , art. 3 ; (10.6.2022) by S.I. 2022/663 , art. 3 and (21.8.2023) by S.I. 2023/932 , art. 3 ) S. 8 in force at 1.1.2022 for specified purposes by S.I. 2021/1244 , art. 3(b) (with arts. 4-21 ) (as amended by S.I. 2021/1428 , art. 3 ; (10.6.2022) by S.I. 2022/663 , art. 3 and (21.8.2023) by S.I. 2023/932 , art. 3 ) S. 9 in force at 1.1.2022 for specified purposes by S.I. 2021/1244 , art. 3(b) (with arts. 4-21 ) (as amended by S.I. 2021/1428 , art. 3 ; (10.6.2022) by S.I. 2022/663 , art. 3 and (21.8.2023) by S.I. 2023/932 , art. 3 ) S. 10 in force at 1.1.2022 for specified purposes by S.I. 2021/1244 , art. 3(b) (with arts. 4-21 ) (as amended by S.I. 2021/1428 , art. 3 ; (10.6.2022) by S.I. 2022/663 , art. 3 and (21.8.2023) by S.I. 2023/932 , art. 3 ) S. 11 in force at 1.1.2022 for specified purposes by S.I. 2021/1244 , art. 3(b) (with arts. 4-21 ) (as amended by S.I. 2021/1428 , art. 3 ; (10.6.2022) by S.I. 2022/663 , art. 3 and (21.8.2023) by S.I. 2023/932 , art. 3 ) S. 12 in force at 1.1.2022 for specified purposes by S.I. 2021/1244 , art. 3(b) (with arts. 4-21 ) (as amended by S.I. 2021/1428 , art. 3 ; (10.6.2022) by S.I. 2022/663 , art. 3 and (21.8.2023) by S.I. 2023/932 , art. 3 ) S. 13 in force at 1.1.2022 for specified purposes by S.I. 2021/1244 , art. 3(b) (with arts. 4-21 ) (as amended by S.I. 2021/1428 , art. 3 ; (10.6.2022) by S.I. 2022/663 , art. 3 and (21.8.2023) by S.I. 2023/932 , art. 3 ) S. 14 in force at 1.1.2022 for specified purposes by S.I. 2021/1244 , art. 3(b) (with arts. 4-21 ) (as amended by S.I. 2021/1428 , art. 3 ; (10.6.2022) by S.I. 2022/663 , art. 3 and (21.8.2023) by S.I. 2023/932 , art. 3 ) S. 17 in force at 1.1.2022 for specified purposes by S.I. 2021/1244 , art. 3(c) (with arts. 4-21 ) (as amended by S.I. 2021/1428 , art. 3 ; (10.6.2022) by S.I. 2022/663 , art. 3 and (21.8.2023) by S.I. 2023/932 , art. 3 ) S. 18 in force at 1.1.2022 for specified purposes by S.I. 2021/1244 , art. 3(c) (with arts. 4-21 ) (as amended by S.I. 2021/1428 , art. 3 ; (10.6.2022) by S.I. 2022/663 , art. 3 and (21.8.2023) by S.I. 2023/932 , art. 3 ) S. 19 in force at 1.1.2022 for specified purposes by S.I. 2021/1244 , art. 3(c) (with arts. 4-21 ) (as amended by S.I. 2021/1428 , art. 3 ; (10.6.2022) by S.I. 2022/663 , art. 3 and (21.8.2023) by S.I. 2023/932 , art. 3 ) S. 20 in force at 1.1.2022 for specified purposes by S.I. 2021/1244 , art. 3(c) (with arts. 4-21 ) (as amended by S.I. 2021/1428 , art. 3 ; (10.6.2022) by S.I. 2022/663 , art. 3 and (21.8.2023) by S.I. 2023/932 , art. 3 ) S. 21 in force at 1.1.2022 for specified purposes by S.I. 2021/1244 , art. 3(c) (with arts. 4-21 ) (as amended by S.I. 2021/1428 , art. 3 ; (10.6.2022) by S.I. 2022/663 , art. 3 and (21.8.2023) by S.I. 2023/932 , art. 3 ) S. 22 in force at 1.1.2022 for specified purposes by S.I. 2021/1244 , art. 3(c) (with arts. 4-21 ) (as amended by S.I. 2021/1428 , art. 3 ; and (10.6.2022) by S.I. 2022/663 , art. 3 ) and (21.8.2023) by S.I. 2023/932 , art. 3 ) S. 23 in force at 1.1.2022 for specified purposes by S.I. 2021/1244 , art. 3(c) (with arts. 4-21 ) (as amended by S.I. 2021/1428 , art. 3 ; and (10.6.2022) by S.I. 2022/663 , art. 3 and (21.8.2023) by S.I. 2023/932 , art. 3 ) S. 24 in force at 1.1.2022 for specified purposes by S.I. 2021/1244 , art. 3(c) (with arts. 4-21 ) (as amended by S.I. 2021/1428 , art. 3 ; and (10.6.2022) by S.I. 2022/663 , art. 3 and (21.8.2023) by S.I. 2023/932 , art. 3 ) S. 25 in force at 1.1.2022 for specified purposes by S.I. 2021/1244 , art. 3(c) (with arts. 4-21 ) (as amended by S.I. 2021/1428 , art. 3 ; and (10.6.2022) by S.I. 2022/663 , art. 3 and (21.8.2023) by S.I. 2023/932 , art. 3 ) S. 26 in force at 1.1.2022 for specified purposes by S.I. 2021/1244 , art. 3(c) (with arts. 4-21 ) (as amended by S.I. 2021/1428 , art. 3 ; and (10.6.2022) by S.I. 2022/663 , art. 3 and (21.8.2023) by S.I. 2023/932 , art. 3 ) S. 27 in force at 1.1.2022 for specified purposes by S.I. 2021/1244 , art. 3(c) (with arts. 4-21 ) (as amended by S.I. 2021/1428 , art. 3 ; and (10.6.2022) by S.I. 2022/663 , art. 3 and (21.8.2023) by S.I. 2023/932 , art. 3 ) S. 28 in force at 1.1.2022 for specified purposes by S.I. 2021/1244 , art. 3(c) (with arts. 4-21 ) (as amended by S.I. 2021/1428 , art. 3 ; and (10.6.2022) by S.I. 2022/663 , art. 3 ; and (21.8.2023) by S.I. 2023/932 , art. 3 ) S. 29 in force at 1.1.2022 for specified purposes by S.I. 2021/1244 , art. 3(c) (with arts. 4-21 ) (as amended by S.I. 2021/1428 , art. 3 ; and (10.6.2022) by S.I. 2022/663 , art. 3 and (21.8.2023) by S.I. 2023/932 , art. 3 ) S. 30 in force at 1.1.2022 for specified purposes by S.I. 2021/1244 , art. 3(c) (with arts. 4-21 ) (as amended by S.I. 2021/1428 , art. 3 ; and (10.6.2022) by S.I. 2022/663 , art. 3 and (21.8.2023) by S.I. 2023/932 , art. 3 ) S. 31 in force at 1.1.2022 for specified purposes by S.I. 2021/1244 , art. 3(c) (with arts. 4-21 ) (as amended by S.I. 2021/1428 , art. 3 ; and (10.6.2022) by S.I. 2022/663 , art. 3 ; and (21.8.2023) by S.I. 2023/932 , art. 3 ) S. 32 in force at 1.1.2022 for specified purposes by S.I. 2021/1244 , art. 3(c) (with arts. 4-21 ) (as amended by S.I. 2021/1428 , art. 3 ; and (10.6.2022) by S.I. 2022/663 , art. 3 ; and (21.8.2023) by S.I. 2023/932 , art. 3 ) S. 33 in force at 1.1.2022 for specified purposes by S.I. 2021/1244 , art. 3(c) (with arts. 4-21 ) (as amended by S.I. 2021/1428 , art. 3 ; and (10.6.2022) by S.I. 2022/663 , art. 3 ; and (21.8.2023) by S.I. 2023/932 , art. 3 ) S. 34 in force at 1.1.2022 for specified purposes by S.I. 2021/1244 , art. 3(c) (with arts. 4-21 ) (as amended by S.I. 2021/1428 , art. 3 ; and (10.6.2022) by S.I. 2022/663 , art. 3 and (21.8.2023) by S.I. 2023/932 , art. 3 ) S. 35 in force at 1.1.2022 for specified purposes by S.I. 2021/1244 , art. 3(c) (with arts. 4-21 ) (as amended by S.I. 2021/1428 , art. 3 ; and (10.6.2022) by S.I. 2022/663 , art. 3 and (21.8.2023) by S.I. 2023/932 , art. 3 ) S. 36 in force at 1.1.2022 for specified purposes by S.I. 2021/1244 , art. 3(c) (with arts. 4-21 ) (as amended by S.I. 2021/1428 , art. 3 ; and (10.6.2022) by S.I. 2022/663 , art. 3 ; and (21.8.2023) by S.I. 2023/932 , art. 3 ) S. 38 in force at 1.1.2022 for specified purposes by S.I. 2021/1244 , art. 3(d) (with arts. 4-21 ) (as amended by S.I. 2021/1428 , art. 3 ; and (10.6.2022) by S.I. 2022/663 , art. 3 ; and (21.8.2023) by S.I. 2023/932 , art. 3 ) S. 40 in force at 1.1.2022 for specified purposes by S.I. 2021/1244 , art. 3(e) (with arts. 4-21 ) (as amended by S.I. 2021/1428 , art. 3 ; and (10.6.2022) by S.I. 2022/663 , art. 3 ; and (21.8.2023) by S.I. 2023/932 , art. 3 ) S. 41 in force at 1.1.2022 for specified purposes by S.I. 2021/1244 , art. 3(e) (with arts. 4-21 ) (as amended by S.I. 2021/1428 , art. 3 ; and (10.6.2022) by S.I. 2022/663 , art. 3 ; and (21.8.2023) by S.I. 2023/932 , art. 3 ) S. 42 in force at 1.1.2022 for specified purposes by S.I. 2021/1244 , art. 3(e) (with arts. 4-21 ) (as amended by S.I. 2021/1428 , art. 3 ; and (10.6.2022) by S.I. 2022/663 , art. 3 ; and (21.8.2023) by S.I. 2023/932 , art. 3 ) S. 43 in force at 1.1.2022 for specified purposes by S.I. 2021/1244 , art. 3(e) (with arts. 4-21 ) (as amended by S.I. 2021/1428 , art. 3 ; and (10.6.2022) by S.I. 2022/663 , art. 3 ) and (21.8.2023) by S.I. 2023/932 , art. 3 ) S. 44 in force at 1.1.2022 for specified purposes by S.I. 2021/1244 , art. 3(e) (with arts. 4-21 ) (as amended by S.I. 2021/1428 , art. 3 ; and (10.6.2022) by S.I. 2022/663 , art. 3 ; and (21.8.2023) by S.I. 2023/932 , art. 3 ) S. 47 in force at 1.1.2022 for specified purposes by S.I. 2021/1244 , art. 3(f) (with arts. 4-21 ) (as amended by S.I. 2021/1428 , art. 3 ; and (10.6.2022) by S.I. 2022/663 , art. 3 ; and (21.8.2023) by S.I. 2023/932 , art. 3 ) S. 48 in force at 1.1.2022 for specified purposes by S.I. 2021/1244 , art. 3(f) (with arts. 4-21 ) (as amended by S.I. 2021/1428 , art. 3 ; and (10.6.2022) by S.I. 2022/663 , art. 3 ) and (21.8.2023) by S.I. 2023/932 , art. 3 ) S. 49 in force at 1.1.2022 for specified purposes by S.I. 2021/1244 , art. 3(f) (with arts. 4-21 ) (as amended by S.I. 2021/1428 , art. 3 ; and (10.6.2022) by S.I. 2022/663 , art. 3 ; and (21.8.2023) by S.I. 2023/932 , art. 3 ) S. 50(1) in force at 1.1.2022 for specified purposes by S.I. 2021/1244 , art. 3(g) (with arts. 4-21 ) (as amended by S.I. 2021/1428 , art. 3 ; (10.6.2022) by S.I. 2022/663 , art. 3 and (21.8.2023) by S.I. 2023/932 , art. 3 ) S. 50(4)(5) in force at 1.1.2022 for specified purposes by S.I. 2021/1244 , art. 3(h) (with arts. 4-21 ) (as amended by S.I. 2021/1428 , art. 3 ; (10.6.2022) by S.I. 2022/663 , art. 3 and (21.8.2023) by S.I. 2023/932 , art. 3 ) S. 51 in force at 1.1.2022 for specified purposes by S.I. 2021/1244 , art. 3(i) (with arts. 4-21 ) (as amended by S.I. 2021/1428 , art. 3 ; and (10.6.2022) by S.I. 2022/663 , art. 3 ; and (21.8.2023) by S.I. 2023/932 , art. 3 ) S. 52 in force at 1.1.2022 for specified purposes by S.I. 2021/1244 , art. 3(i) (with arts. 4-21 ) (as amended by S.I. 2021/1428 , art. 3 ; and (10.6.2022) by S.I. 2022/663 , art. 3 ; and (21.8.2023) by S.I. 2023/932 , art. 3 ) S. 53 in force at 1.1.2022 for specified purposes by S.I. 2021/1244 , art. 3(i) (with arts. 4-21 ) (as amended by S.I. 2021/1428 , art. 3 ; and (10.6.2022) by S.I. 2022/663 , art. 3 ; and (21.8.2023) by S.I. 2023/932 , art. 3 ) S. 55 in force at 1.1.2022 for specified purposes by S.I. 2021/1244 , art. 3(j) (with arts. 4-21 ) (as amended by S.I. 2021/1428 , art. 3 ; and (10.6.2022) by S.I. 2022/663 , art. 3 ; and (21.8.2023) by S.I. 2023/932 , art. 3 ) S. 59 in force at 1.1.2022 for specified purposes by S.I. 2021/1244 , art. 3(k) (with arts. 4-21 ) (as amended by S.I. 2021/1428 , art. 3 ; and (10.6.2022) by S.I. 2022/663 , art. 3 ; and (21.8.2023) by S.I. 2023/932 , art. 3 ) S. 63 in force at 1.1.2022 for specified purposes by S.I. 2021/1244 , art. 3(l) (with arts. 4-21 ) (as amended by S.I. 2021/1428 , art. 3 ; and (10.6.2022) by S.I. 2022/663 , art. 3 ; and (21.8.2023) by S.I. 2023/932 , art. 3 ) S. 64 in force at 1.1.2022 for specified purposes by S.I. 2021/1244 , art. 3(l) (with arts. 4-21 ) (as amended by S.I. 2021/1428 , art. 3 ; and (10.6.2022) by S.I. 2022/663 , art. 3 ; and (21.8.2023) by S.I. 2023/932 , art. 3 ) S. 65 in force at 1.1.2022 for specified purposes by S.I. 2021/1244 , art. 3(l) (with arts. 4-21 ) (as amended by S.I. 2021/1428 , art. 3 ; and (10.6.2022) by S.I. 2022/663 , art. 3 ;and (21.8.2023) by S.I. 2023/932 , art. 3 ) S. 66 in force at 1.1.2022 for specified purposes by S.I. 2021/1244 , art. 3(l) (with arts. 4-21 ) (as amended by S.I. 2021/1428 , art. 3 ; and (10.6.2022) by S.I. 2022/663 , art. 3 ; and (21.8.2023) by S.I. 2023/932 , art. 3 ) S. 68 in force at 1.1.2022 for specified purposes by S.I. 2021/1244 , art. 3(m) (with arts. 4-21 ) (as amended by S.I. 2021/1428 , art. 3 ; and (10.6.2022) by S.I. 2022/663 , art. 3 ; and (21.8.2023) by S.I. 2023/932 , art. 3 ) S. 69 in force at 1.1.2022 for specified purposes by S.I. 2021/1244 , art. 3(m) (with arts. 4-21 ) (as amended by S.I. 2021/1428 , art. 3 ; (10.6.2022) by S.I. 2022/663 , art. 3 and (21.8.2023) by S.I. 2023/932 , art. 3 ) S. 96 in force at 1.1.2022 for specified purposes by S.I. 2021/1244 , art. 3(n) (with arts. 4-21 ) (as amended by S.I. 2021/1428 , art. 3 ; (10.6.2022) by S.I. 2022/663 , art. 3 and (21.8.2023) by S.I. 2023/932 , art. 3 ) Sch. 1 para. 1 in force at 1.1.2022 for specified purposes by S.I. 2021/1244 , art. 3(o)(i) (with arts. 4-21 ) (as amended by S.I. 2021/1428 , art. 3 ; (10.6.2022) by S.I. 2022/663 , art. 3 and (21.8.2023) by S.I. 2023/932 , art. 3 ) Sch. 1 para. 4(1) in force at 1.1.2022 for specified purposes by S.I. 2021/1244 , art. 3(o)(ii) (with arts. 4-21 ) (as amended by S.I. 2021/1428 , art. 3 ; (10.6.2022) by S.I. 2022/663 , art. 3 and (21.8.2023) by S.I. 2023/932 , art. 3 ) Sch. 1 para. 4(9) in force at 1.1.2022 for specified purposes by S.I. 2021/1244 , art. 3(o)(iv) (with arts. 4-21 ) (as amended by S.I. 2021/1428 , art. 3 ; (10.6.2022) by S.I. 2022/663 , art. 3 and (21.8.2023) by S.I. 2023/932 , art. 3 ) Sch. 1 para. 4(10) in force at 1.1.2022 for specified purposes by S.I. 2021/1244 , art. 3(o)(v) (with arts. 4-21 ) (as amended by S.I. 2021/1428 , art. 3 ; (10.6.2022) by S.I. 2022/663 , art. 3 and (21.8.2023) by S.I. 2023/932 , art. 3 ) Sch. 1 para. 4(19)(b) in force at 1.1.2022 for specified purposes by S.I. 2021/1244 , art. 3(o)(vii) (with arts. 4-21 ) (as amended by S.I. 2021/1428 , art. 3 ; (10.6.2022) by S.I. 2022/663 , art. 3 and (21.8.2023) by S.I. 2023/932 , art. 3 ) Sch. 1 para. 4(20)(21) in force at 1.1.2022 for specified purposes by S.I. 2021/1244 , art. 3(o)(viii) (with arts. 4-21 ) (as amended by S.I. 2021/1428 , art. 3 ; (10.6.2022) by S.I. 2022/663 , art. 3 and (21.8.2023) by S.I. 2023/932 , art. 3 ) Sch. 1 para. 4(32)(a)(i)(ii)(b) in force at 1.1.2022 for specified purposes by S.I. 2021/1244 , art. 3(o)(x) (with arts. 4-21 ) (as amended by S.I. 2021/1428 , art. 3 ; (10.6.2022) by S.I. 2022/663 , art. 3 and (21.8.2023) by S.I. 2023/932 , art. 3 ) Sch. 1 para. 7 in force at 1.1.2022 for specified purposes by S.I. 2021/1244 , art. 3(o)(xi) (with arts. 4-21 ) (as amended by S.I. 2021/1428 , art. 3 ; (10.6.2022) by S.I. 2022/663 , art. 3 and (21.8.2023) by S.I. 2023/932 , art. 3 ) Sch. 1 para. 8 in force at 1.1.2022 for specified purposes by S.I. 2021/1244 , art. 3(o)(xii) (with arts. 4-21 ) (as amended by S.I. 2021/1428 , art. 3 ; (10.6.2022) by S.I. 2022/663 , art. 3 and (21.8.2023) by S.I. 2023/932 , art. 3 ) Sch. 1 para. 11(a) in force at 1.1.2022 for specified purposes by S.I. 2021/1244 , art. 3(o)(xiii) (with arts. 4-21 ) (as amended by S.I. 2021/1428 , art. 3 ; (10.6.2022) by S.I. 2022/663 , art. 3 and (21.8.2023) by S.I. 2023/932 , art. 3 ) Sch. 1 para. 12(a) in force at 1.1.2022 for specified purposes by S.I. 2021/1244 , art. 3(o)(xiv) (with arts. 4-21 ) (as amended by S.I. 2021/1428 , art. 3 ; (10.6.2022) by S.I. 2022/663 , art. 3 as amended (21.8.2023) by S.I. 2023/932 , art. 3 ) Sch. 1 para. 14(1) in force at 1.1.2022 for specified purposes by S.I. 2021/1244 , art. 3(o)(xv) (with arts. 4-21 ) (as amended by S.I. 2021/1428 , art. 3 ; (10.6.2022) by S.I. 2022/663 , art. 3 and (21.8.2023) by S.I. 2023/932 , art. 3 ) Sch. 1 para. 14(2)(3) in force at 1.1.2022 for specified purposes by S.I. 2021/1244 , art. 3(o)(xvi) (with arts. 4-21 ) (as amended by S.I. 2021/1428 , art. 3 ; (10.6.2022) by S.I. 2022/663 , art. 3 and (21.8.2023) by S.I. 2023/932 , art. 3 ) Sch. 1 para. 19(1) in force at 1.1.2022 for specified purposes by S.I. 2021/1244 , art. 3(o)(xvii) (with arts. 4-21 ) (as amended by S.I. 2021/1428 , art. 3 ; (10.6.2022) by S.I. 2022/663 , art. 3 and (21.8.2023) by S.I. 2023/932 , art. 3 ) Sch. 1 para. 19(5)(e)(ii) in force at 1.1.2022 for specified purposes by S.I. 2021/1244 , art. 3(o)(xviii) (with arts. 4-21 ) (as amended by S.I. 2021/1428 , art. 3 ; (10.6.2022) by S.I. 2022/663 , art. 3 and (21.8.2023) by S.I. 2023/932 , art. 3 ) Sch. 1 para. 21(1) in force at 1.1.2022 for specified purposes by S.I. 2021/1244 , art. 3(o)(xix) (with arts. 4-21 ) (as amended by S.I. 2021/1428 , art. 3 ; (10.6.2022) by S.I. 2022/663 , art. 3 and (21.8.2023) by S.I. 2023/932 , art. 3 ) Sch. 1 para. 21(2)(a)(i) in force at 1.1.2022 for specified purposes by S.I. 2021/1244 , art. 3(o)(xx) (with arts. 4-21 ) (as amended by S.I. 2021/1428 , art. 3 ; (10.6.2022) by S.I. 2022/663 , art. 3 and (21.8.2023) by S.I. 2023/932 , art. 3 ) Sch. 1 para. 21(2)(b)(ii) in force at 1.1.2022 for specified purposes by S.I. 2021/1244 , art. 3(o)(xx) (with arts. 4-21 ) (as amended by S.I. 2021/1428 , art. 3 ; (10.6.2022) by S.I. 2022/663 , art. 3 and (21.8.2023) by S.I. 2023/932 , art. 3 ) Sch. 1 para. 22 in force at 1.1.2022 for specified purposes by S.I. 2021/1244 , art. 3(o)(xxi) (with arts. 4-21 ) (as amended by S.I. 2021/1428 , art. 3 ; (10.6.2022) by S.I. 2022/663 , art. 3 and (21.8.2023) by S.I. 2023/932 , art. 3 ) Sch. 1 para. 23(1) in force at 1.1.2022 for specified purposes by S.I. 2021/1244 , art. 3(o)(xxii) (with arts. 4-21 ) (as amended by S.I. 2021/1428 , art. 3 ; (10.6.2022) by S.I. 2022/663 , art. 3 and (21.8.2023) by S.I. 2023/932 , art. 3 ) Sch. 1 para. 23(4) in force at 1.1.2022 for specified purposes by S.I. 2021/1244 , art. 3(o)(xxiii) (with arts. 4-21 ) (as amended by S.I. 2021/1428 , art. 3 ; (10.6.2022) by S.I. 2022/663 , art. 3 and (21.8.2023) by S.I. 2023/932 , art. 3 ) Sch. 1 para. 24(1) in force at 1.1.2022 for specified purposes by S.I. 2021/1244 , art. 3(o)(xxiv) (with arts. 4-21 ) (as amended by S.I. 2021/1428 , art. 3 ; (10.6.2022) by S.I. 2022/663 , art. 3 and (21.8.2023) by S.I. 2023/932 , art. 3 ) Sch. 1 para. 24(3) , (6)(a) in force at 1.1.2022 for specified purposes by S.I. 2021/1244 , art. 3(o)(xxv) (with arts. 4-21 ) (as amended by S.I. 2021/1428 , art. 3 ; (10.6.2022) by S.I. 2022/663 , art. 3 and (21.8.2023) by S.I. 2023/932 , art. 3 ) S. 14(9A) inserted (30.4.2021) by Curriculum and Assessment (Wales) Act 2021 (asc 4) , s. 84(1) , Sch. 2 para. 74 (with savings and transitional provisions in S.I. 2022/111 , regs. 1 , 3 ) Sch. 1 para. 4(7) omitted (30.4.2021) by virtue of Curriculum and Assessment (Wales) Act 2021 (asc 4) , s. 84(1) , Sch. 2 para. 75 (with savings and transitional provisions in S.I. 2022/111 , regs. 1 , 3 ) S. 4(3)(i) substituted (1.7.2022) by Health and Care Act 2022 (c. 31) , s. 186(6) , Sch. 1 para. 35(a) ; S.I. 2022/734 , reg. 2(a) , Sch. (with regs. 13 , 29 , 30 ) S. 4(3)(j) substituted (1.7.2022) by Health and Care Act 2022 (c. 31) , s. 186(6) , Sch. 4 para. 231(a) ; S.I. 2022/734 , reg. 2(a) , Sch. (with regs. 13 , 29 , 30 ) S. 64(2)(c) substituted (1.7.2022) by Health and Care Act 2022 (c. 31) , s. 186(6) , Sch. 4 para. 232(a) ; S.I. 2022/734 , reg. 2(a) , Sch. (with regs. 13 , 29 , 30 ) S. 65(4)(j) substituted (1.7.2022) by Health and Care Act 2022 (c. 31) , s. 186(6) , Sch. 1 para. 36(a) ; S.I. 2022/734 , reg. 2(a) , Sch. (with regs. 13 , 29 , 30 ) S. 65(4)(k) substituted (1.7.2022) by Health and Care Act 2022 (c. 31) , s. 186(6) , Sch. 4 para. 233(a) ; S.I. 2022/734 , reg. 2(a) , Sch. (with regs. 13 , 29 , 30 ) Words in s. 99(1) inserted (1.7.2022) by Health and Care Act 2022 (c. 31) , s. 186(6) , Sch. 1 para. 37(a) ; S.I. 2022/734 , reg. 2(a) , Sch. (with regs. 13 , 29 , 30 ) Words in s. 99(1) omitted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31) , s. 186(6) , Sch. 4 para. 234(a)(i) ; S.I. 2022/734 , reg. 2(a) , Sch. (with regs. 13 , 29 , 30 ) Words in s. 99(1) inserted (1.7.2022) by Health and Care Act 2022 (c. 31) , s. 186(6) , Sch. 4 para. 234(a)(ii) ; S.I. 2022/734 , reg. 2(a) , Sch. (with regs. 13 , 29 , 30 ) Sch. 1 para. 4(2)-(6) in force at 1.9.2022 for specified purposes by S.I. 2022/892 , art. 3(o)(iii) (with arts. 2 , 4-18 ) Sch. 1 para. 4(13)-(18) in force at 1.9.2022 for specified purposes by S.I. 2022/892 , art. 3(o)(vii) (with arts. 2 , 4-18 ) Sch. 1 para. 4(23)-(29) in force at 1.9.2022 for specified purposes by S.I. 2022/892 , art. 3(o)(x) (with arts. 2 , 4-18 ) Sch. 1 para. 4(2)-(6) in force at 1.9.2022 for specified purposes by S.I. 2022/891 , art. 3(o)(iii) (with arts. 4-25 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 4 ) Sch. 1 para. 4(13)-(18) in force at 1.9.2022 for specified purposes by S.I. 2022/891 , art. 3(o)(vii) (with arts. 4-25 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 4 ) Sch. 1 para. 4(23)-(29) in force at 1.9.2022 for specified purposes by S.I. 2022/891 , art. 3(o)(x) (with arts. 4-25 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 4 ) Sch. 1 para. 4(2)-(6) in force at 1.9.2022 for specified purposes by S.I. 2022/893 , art. 4 (with art. 1(2) ) Sch. 1 para. 4(13)-(18) in force at 1.9.2022 for specified purposes by S.I. 2022/893 , art. 4 (with art. 1(2) ) Sch. 1 para. 4(23)-(29) in force at 1.9.2022 for specified purposes by S.I. 2022/893 , art. 4 (with art. 1(2) ) Sch. 1 para. 4(2)-(6) in force at 1.9.2022 for specified purposes by S.I. 2022/894 , art. 3(o)(iii) Sch. 1 para. 4(8)-(10) in force at 1.9.2022 for specified purposes by S.I. 2022/894 , art. 3(o)(v) Sch. 1 para. 4(13)-(18) in force at 1.9.2022 for specified purposes by S.I. 2022/894 , art. 3(o)(vi) Sch. 1 para. 4(23)-(29) in force at 1.9.2022 for specified purposes by S.I. 2022/894 , art. 3(o)(ix) Sch. 1 para. 4(2)-(6) in force at 1.9.2022 for specified purposes by S.I. 2022/895 , arts. 3(o)(iii) , 4 Sch. 1 para. 4(13)-(18) in force at 1.9.2022 for specified purposes by S.I. 2022/895 , arts. 3(o)(vii) , 4 Sch. 1 para. 4(23)-(29) in force at 1.9.2022 for specified purposes by S.I. 2022/895 , arts. 3(o)(x) , 4 Sch. 1 para. 4(2)-(6) in force at 1.9.2022 for specified purposes by S.I. 2022/896 , art. 3(o)(iii) (with arts. 4-22 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 5 ) Sch. 1 para. 4(13)-(18) in force at 1.9.2022 for specified purposes by S.I. 2022/896 , art. 3(o)(vii) (with arts. 4-22 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 5 ) Sch. 1 para. 4(23)-(29) in force at 1.9.2022 for specified purposes by S.I. 2022/896 , art. 3(o)(x) (with arts. 4-22 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 5 ) Sch. 1 para. 4(2)-(6) in force at 1.9.2022 for specified purposes by S.I. 2022/897 , art. 3(o)(iii) (with arts. 1(8) , 4-21 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 6 ) Sch. 1 para. 4(13)-(18) in force at 1.9.2022 for specified purposes by S.I. 2022/897 , art. 3(o)(vii) (with arts. 1(8) , 4-21 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 6 ) Sch. 1 para. 4(23)-(29) in force at 1.9.2022 for specified purposes by S.I. 2022/897 , art. 3(o)(x) (with arts. 1(8) , 4-21 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 6 ) Sch. 1 para. 4(2)-(6) in force at 1.9.2022 for specified purposes by S.I. 2022/898 , arts. 2(o)(iii) , 3 Sch. 1 para. 4(13)-(18) in force at 1.9.2022 for specified purposes by S.I. 2022/898 , arts. 2(o)(vii) , 3 Sch. 1 para. 4(23)-(29) in force at 1.9.2022 for specified purposes by S.I. 2022/898 , arts. 2(o)(x) , 3 S. 2 in force at 1.9.2022 for specified purposes by S.I. 2022/892 , art. 3(a) (with arts. 2 , 4-18 ) S. 3 in force at 1.9.2022 for specified purposes by S.I. 2022/892 , art. 3(a) (with arts. 2 , 4-18 ) S. 4 in force at 1.9.2022 for specified purposes by S.I. 2022/892 , art. 3(a) (with arts. 2 , 4-18 ) S. 6 in force at 1.9.2022 for specified purposes by S.I. 2022/892 , art. 3(b) (with arts. 2 , 4-18 ) S. 7 in force at 1.9.2022 for specified purposes by S.I. 2022/892 , art. 3(b) (with arts. 2 , 4-18 ) S. 8 in force at 1.9.2022 for specified purposes by S.I. 2022/892 , art. 3(b) (with arts. 2 , 4-18 ) S. 9 in force at 1.9.2022 for specified purposes by S.I. 2022/892 , art. 3(b) (with arts. 2 , 4-18 ) S. 10 in force at 1.9.2022 for specified purposes by S.I. 2022/892 , art. 3(b) (with arts. 2 , 4-18 ) S. 11 in force at 1.9.2022 for specified purposes by S.I. 2022/892 , art. 3(b) (with arts. 2 , 4-18 ) S. 12 in force at 1.9.2022 for specified purposes by S.I. 2022/892 , art. 3(b) (with arts. 2 , 4-18 ) S. 13 in force at 1.9.2022 for specified purposes by S.I. 2022/892 , art. 3(b) (with arts. 2 , 4-18 ) S. 14 in force at 1.9.2022 for specified purposes by S.I. 2022/892 , art. 3(b) (with arts. 2 , 4-18 ) S. 17 in force at 1.9.2022 for specified purposes by S.I. 2022/892 , art. 3(c) (with arts. 2 , 4-18 ) S. 18 in force at 1.9.2022 for specified purposes by S.I. 2022/892 , art. 3(c) (with arts. 2 , 4-18 ) S. 19 in force at 1.9.2022 for specified purposes by S.I. 2022/892 , art. 3(c) (with arts. 2 , 4-18 ) S. 20 in force at 1.9.2022 for specified purposes by S.I. 2022/892 , art. 3(c) (with arts. 2 , 4-18 ) S. 21 in force at 1.9.2022 for specified purposes by S.I. 2022/892 , art. 3(c) (with arts. 2 , 4-18 ) S. 22 in force at 1.9.2022 for specified purposes by S.I. 2022/892 , art. 3(c) (with arts. 2 , 4-18 ) S. 23 in force at 1.9.2022 for specified purposes by S.I. 2022/892 , art. 3(c) (with arts. 2 , 4-18 ) S. 24 in force at 1.9.2022 for specified purposes by S.I. 2022/892 , art. 3(c) (with arts. 2 , 4-18 ) S. 25 in force at 1.9.2022 for specified purposes by S.I. 2022/892 , art. 3(c) (with arts. 2 , 4-18 ) S. 26 in force at 1.9.2022 for specified purposes by S.I. 2022/892 , art. 3(c) (with arts. 2 , 4-18 ) S. 27 in force at 1.9.2022 for specified purposes by S.I. 2022/892 , art. 3(c) (with arts. 2 , 4-18 ) S. 28 in force at 1.9.2022 for specified purposes by S.I. 2022/892 , art. 3(c) (with arts. 2 , 4-18 ) S. 29 in force at 1.9.2022 for specified purposes by S.I. 2022/892 , art. 3(c) (with arts. 2 , 4-18 ) S. 30 in force at 1.9.2022 for specified purposes by S.I. 2022/892 , art. 3(c) (with arts. 2 , 4-18 ) S. 31 in force at 1.9.2022 for specified purposes by S.I. 2022/892 , art. 3(c) (with arts. 2 , 4-18 ) S. 32 in force at 1.9.2022 for specified purposes by S.I. 2022/892 , art. 3(c) (with arts. 2 , 4-18 ) S. 33 in force at 1.9.2022 for specified purposes by S.I. 2022/892 , art. 3(c) (with arts. 2 , 4-18 ) S. 34 in force at 1.9.2022 for specified purposes by S.I. 2022/892 , art. 3(c) (with arts. 2 , 4-18 ) S. 35 in force at 1.9.2022 for specified purposes by S.I. 2022/892 , art. 3(c) (with arts. 2 , 4-18 ) S. 36 in force at 1.9.2022 for specified purposes by S.I. 2022/892 , art. 3(c) (with arts. 2 , 4-18 ) S. 38 in force at 1.9.2022 for specified purposes by S.I. 2022/892 , art. 3(d) (with arts. 2 , 4-18 ) S. 40 in force at 1.9.2022 for specified purposes by S.I. 2022/892 , art. 3(e) (with arts. 2 , 4-18 ) S. 41 in force at 1.9.2022 for specified purposes by S.I. 2022/892 , art. 3(e) (with arts. 2 , 4-18 ) S. 42 in force at 1.9.2022 for specified purposes by S.I. 2022/892 , art. 3(e) (with arts. 2 , 4-18 ) S. 43 in force at 1.9.2022 for specified purposes by S.I. 2022/892 , art. 3(e) (with arts. 2 , 4-18 ) S. 44 in force at 1.9.2022 for specified purposes by S.I. 2022/892 , art. 3(e) (with arts. 2 , 4-18 ) S. 47 in force at 1.9.2022 for specified purposes by S.I. 2022/892 , art. 3(f) (with arts. 2 , 4-18 ) S. 48 in force at 1.9.2022 for specified purposes by S.I. 2022/892 , art. 3(f) (with arts. 2 , 4-18 ) S. 49 in force at 1.9.2022 for specified purposes by S.I. 2022/892 , art. 3(f) (with arts. 2 , 4-18 ) S. 50(1) in force at 1.9.2022 for specified purposes by S.I. 2022/892 , art. 3(g) (with arts. 2 , 4-18 ) S. 50(4) (5) in force at 1.9.2022 for specified purposes by S.I. 2022/892 , art. 3(h) (with arts. 2 , 4-18 ) S. 51 in force at 1.9.2022 for specified purposes by S.I. 2022/892 , art. 3(i) (with arts. 2 , 4-18 ) S. 52 in force at 1.9.2022 for specified purposes by S.I. 2022/892 , art. 3(i) (with arts. 2 , 4-18 ) S. 53 in force at 1.9.2022 for specified purposes by S.I. 2022/892 , art. 3(i) (with arts. 2 , 4-18 ) S. 55 in force at 1.9.2022 for specified purposes by S.I. 2022/892 , art. 3(j) (with arts. 2 , 4-18 ) S. 59 in force at 1.9.2022 for specified purposes by S.I. 2022/892 , art. 3(k) (with arts. 2 , 4-18 ) S. 63 in force at 1.9.2022 for specified purposes by S.I. 2022/892 , art. 3(l) (with arts. 2 , 4-18 ) S. 64 in force at 1.9.2022 for specified purposes by S.I. 2022/892 , art. 3(l) (with arts. 2 , 4-18 ) S. 65 in force at 1.9.2022 for specified purposes by S.I. 2022/892 , art. 3(l) (with arts. 2 , 4-18 ) S. 66 in force at 1.9.2022 for specified purposes by S.I. 2022/892 , art. 3(l) (with arts. 2 , 4-18 ) S. 68 in force at 1.9.2022 for specified purposes by S.I. 2022/892 , art. 3(m) (with arts. 2 , 4-18 ) S. 69 in force at 1.9.2022 for specified purposes by S.I. 2022/892 , art. 3(m) (with arts. 2 , 4-18 ) S. 96 in force at 1.9.2022 for specified purposes by S.I. 2022/892 , art. 3(n) (with arts. 2 , 4-18 ) Sch. 1 para. 1 in force at 1.9.2022 for specified purposes by S.I. 2022/892 , art. 3(o)(i) (with arts. 2 , 4-18 ) Sch. 1 para. 4(1) in force at 1.9.2022 for specified purposes by S.I. 2022/892 , art. 3(o)(ii) (with arts. 2 , 4-18 ) Sch. 1 para. 4(7) in force at 1.9.2022 for specified purposes by S.I. 2022/892 , art. 3(o)(iv) (with arts. 2 , 4-18 ) Sch. 1 para. 4(8)(9) in force at 1.9.2022 for specified purposes by S.I. 2022/892 , art. 3(o)(v) (with arts. 2 , 4-18 ) Sch. 1 para. 4(10) in force at 1.9.2022 for specified purposes by S.I. 2022/892 , art. 3(o)(vi) (with arts. 2 , 4-18 ) Sch. 1 para. 4(19)(b) in force at 1.9.2022 for specified purposes by S.I. 2022/892 , art. 3(o)(viii) (with arts. 2 , 4-18 ) Sch. 1 para. 4(20)(21) in force at 1.9.2022 for specified purposes by S.I. 2022/892 , art. 3(o)(ix) (with arts. 2 , 4-18 ) Sch. 1 para. 4(32)(a)(i)(ii)(b) in force at 1.9.2022 for specified purposes by S.I. 2022/892 , art. 3(o)(xi) (with arts. 2 , 4-18 ) Sch. 1 para. 7 in force at 1.9.2022 for specified purposes by S.I. 2022/892 , art. 3(o)(xii) (with arts. 2 , 4-18 ) Sch. 1 para. 8 in force at 1.9.2022 for specified purposes by S.I. 2022/892 , art. 3(o)(xiii) (with arts. 2 , 4-18 ) Sch. 1 para. 11(a) in force at 1.9.2022 for specified purposes by S.I. 2022/892 , art. 3(o)(xiv) (with arts. 2 , 4-18 ) Sch. 1 para. 12(a) in force at 1.9.2022 for specified purposes by S.I. 2022/892 , art. 3(o)(xv) (with arts. 2 , 4-18 ) Sch. 1 para. 14(1) in force at 1.9.2022 for specified purposes by S.I. 2022/892 , art. 3(o)(xvi) (with arts. 2 , 4-18 ) Sch. 1 para. 14(2) (3) in force at 1.9.2022 for specified purposes by S.I. 2022/892 , art. 3(o)(xvii) (with arts. 2 , 4-18 ) Sch. 1 para. 19(1) in force at 1.9.2022 for specified purposes by S.I. 2022/892 , art. 3(o)(xviii) (with arts. 2 , 4-18 ) Sch. 1 para. 19(5)(e)(ii) in force at 1.9.2022 for specified purposes by S.I. 2022/892 , art. 3(o)(xix) (with arts. 2 , 4-18 ) Sch. 1 para. 21(1) in force at 1.9.2022 for specified purposes by S.I. 2022/892 , art. 3(o)(xx) (with arts. 2 , 4-18 ) Sch. 1 para. 21(2)(a)(i) (b)(ii) in force at 1.9.2022 for specified purposes by S.I. 2022/892 , art. 3(o)(xxi) (with arts. 2 , 4-18 ) Sch. 1 para. 22 in force at 1.9.2022 for specified purposes by S.I. 2022/892 , art. 3(o)(xxii) (with arts. 2 , 4-18 ) Sch. 1 para. 23(1) in force at 1.9.2022 for specified purposes by S.I. 2022/892 , art. 3(o)(xxiii) (with arts. 2 , 4-18 ) Sch. 1 para. 23(4) in force at 1.9.2022 for specified purposes by S.I. 2022/892 , art. 3(o)(xxiv) (with arts. 2 , 4-18 ) Sch. 1 para. 24(1) in force at 1.9.2022 for specified purposes by S.I. 2022/892 , art. 3(o)(xxv) (with arts. 2 , 4-18 ) Sch. 1 para. 24(3) (6)(a) in force at 1.9.2022 for specified purposes by S.I. 2022/892 , art. 3(o)(xxvi) (with arts. 2 , 4-18 ) S. 2 in force at 1.9.2022 for specified purposes by S.I. 2022/891 , art. 3(a) (with arts. 4-25 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 4 ) S. 3 in force at 1.9.2022 for specified purposes by S.I. 2022/891 , art. 3(a) (with arts. 4-25 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 4 ) S. 4 in force at 1.9.2022 for specified purposes by S.I. 2022/891 , art. 3(a) (with arts. 4-25 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 4 ) S. 6 in force at 1.9.2022 for specified purposes by S.I. 2022/891 , art. 3(b) (with arts. 4-25 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 4 ) S. 7 in force at 1.9.2022 for specified purposes by S.I. 2022/891 , art. 3(b) (with arts. 4-25 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 4 ) S. 8 in force at 1.9.2022 for specified purposes by S.I. 2022/891 , art. 3(b) (with arts. 4-25 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 4 ) S. 9 in force at 1.9.2022 for specified purposes by S.I. 2022/891 , art. 3(b) (with arts. 4-25 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 4 ) S. 10 in force at 1.9.2022 for specified purposes by S.I. 2022/891 , art. 3(b) (with arts. 4-25 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 4 ) S. 11 in force at 1.9.2022 for specified purposes by S.I. 2022/891 , art. 3(b) (with arts. 4-25 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 4 ) S. 12 in force at 1.9.2022 for specified purposes by S.I. 2022/891 , art. 3(b) (with arts. 4-25 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 4 ) S. 13 in force at 1.9.2022 for specified purposes by S.I. 2022/891 , art. 3(b) (with arts. 4-25 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 4 ) S. 14 in force at 1.9.2022 for specified purposes by S.I. 2022/891 , art. 3(b) (with arts. 4-25 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 4 ) S. 17 in force at 1.9.2022 for specified purposes by S.I. 2022/891 , art. 3(c) (with arts. 4-25 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 4 ) S. 18 in force at 1.9.2022 for specified purposes by S.I. 2022/891 , art. 3(c) (with arts. 4-25 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 4 ) S. 19 in force at 1.9.2022 for specified purposes by S.I. 2022/891 , art. 3(c) (with arts. 4-25 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 4 ) S. 20 in force at 1.9.2022 for specified purposes by S.I. 2022/891 , art. 3(c) (with arts. 4-25 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 4 ) S. 21 in force at 1.9.2022 for specified purposes by S.I. 2022/891 , art. 3(c) (with arts. 4-25 (as amended (21.8.2023) by (S.I. 2023/932) , art. 4 ) S. 22 in force at 1.9.2022 for specified purposes by S.I. 2022/891 , art. 3(c) (with arts. 4-25 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 4 ) S. 23 in force at 1.9.2022 for specified purposes by S.I. 2022/891 , art. 3(c) (with arts. 4-25 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 4 ) S. 24 in force at 1.9.2022 for specified purposes by S.I. 2022/891 , art. 3(c) (with arts. 4-25 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 4 ) S. 25 in force at 1.9.2022 for specified purposes by S.I. 2022/891 , art. 3(c) (with arts. 4-25 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 4 ) S. 26 in force at 1.9.2022 for specified purposes by S.I. 2022/891 , art. 3(c) (with arts. 4-25 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 4 ) S. 27 in force at 1.9.2022 for specified purposes by S.I. 2022/891 , art. 3(c) (with arts. 4-25 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 4 ) S. 28 in force at 1.9.2022 for specified purposes by S.I. 2022/891 , art. 3(c) (with arts. 4-25 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 4 ) S. 29 in force at 1.9.2022 for specified purposes by S.I. 2022/891 , art. 3(c) (with arts. 4-25 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 4 ) S. 30 in force at 1.9.2022 for specified purposes by S.I. 2022/891 , art. 3(c) (with arts. 4-25 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 4 ) S. 31 in force at 1.9.2022 for specified purposes by S.I. 2022/891 , art. 3(c) (with arts. 4-25 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 4 ) S. 32 in force at 1.9.2022 for specified purposes by S.I. 2022/891 , art. 3(c) (with arts. 4-25 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 4 ) S. 33 in force at 1.9.2022 for specified purposes by S.I. 2022/891 , art. 3(c) (with arts. 4-25 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 4 ) S. 34 in force at 1.9.2022 for specified purposes by S.I. 2022/891 , art. 3(c) (with arts. 4-25 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 4 ) S. 35 in force at 1.9.2022 for specified purposes by S.I. 2022/891 , art. 3(c) (with arts. 4-25 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 4 ) S. 36 in force at 1.9.2022 for specified purposes by S.I. 2022/891 , art. 3(c) (with arts. 4-25 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 4 ) S. 38 in force at 1.9.2022 for specified purposes by S.I. 2022/891 , art. 3(d) (with arts. 4-25 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 4 ) S. 40 in force at 1.9.2022 for specified purposes by S.I. 2022/891 , art. 3(e) (with arts. 4-25 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 4 ) S. 41 in force at 1.9.2022 for specified purposes by S.I. 2022/891 , art. 3(e) (with arts. 4-25 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 4 ) S. 42 in force at 1.9.2022 for specified purposes by S.I. 2022/891 , art. 3(e) (with arts. 4-25 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 4 ) S. 43 in force at 1.9.2022 for specified purposes by S.I. 2022/891 , art. 3(e) (with arts. 4-25 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 4 ) S. 44 in force at 1.9.2022 for specified purposes by S.I. 2022/891 , art. 3(e) (with arts. 4-25 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 4 ) S. 47 in force at 1.9.2022 for specified purposes by S.I. 2022/891 , art. 3(f) (with arts. 4-25 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 4 ) S. 48 in force at 1.9.2022 for specified purposes by S.I. 2022/891 , art. 3(f) (with arts. 4-25 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 4 ) S. 49 in force at 1.9.2022 for specified purposes by S.I. 2022/891 , art. 3(f) (with arts. 4-25 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 4 ) S. 50(1) in force at 1.9.2022 for specified purposes by S.I. 2022/891 , art. 3(g) (with arts. 4-25 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 4 ) S. 50(4)(5) in force at 1.9.2022 for specified purposes by S.I. 2022/891 , art. 3(h) (with arts. 4-25 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 4 ) S. 51 in force at 1.9.2022 for specified purposes by S.I. 2022/891 , art. 3(i) (with arts. 4-25 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 4 ) S. 52 in force at 1.9.2022 for specified purposes by S.I. 2022/891 , art. 3(i) (with arts. 4-25 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 4 ) S. 53 in force at 1.9.2022 for specified purposes by S.I. 2022/891 , art. 3(i) (with arts. 4-25 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 4 ) S. 55 in force at 1.9.2022 for specified purposes by S.I. 2022/891 , art. 3(j) (with arts. 4-25 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 4 ) S. 59 in force at 1.9.2022 for specified purposes by S.I. 2022/891 , art. 3(k) (with arts. 4-25 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 4 ) S. 63 in force at 1.9.2022 for specified purposes by S.I. 2022/891 , art. 3(l) (with arts. 4-25 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 4 ) S. 64 in force at 1.9.2022 for specified purposes by S.I. 2022/891 , art. 3(l) (with arts. 4-25 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 4 ) S. 65 in force at 1.9.2022 for specified purposes by S.I. 2022/891 , art. 3(l) (with arts. 4-25 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 4 ) S. 66 in force at 1.9.2022 for specified purposes by S.I. 2022/891 , art. 3(l) (with arts. 4-25 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 4 ) S. 68 in force at 1.9.2022 for specified purposes by S.I. 2022/891 , art. 3(m) (with arts. 4-25 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 4 ) S. 69 in force at 1.9.2022 for specified purposes by S.I. 2022/891 , art. 3(m) (with arts. 4-25 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 4 ) S. 96 in force at 1.9.2022 for specified purposes by S.I. 2022/891 , art. 3(n) (with arts. 4-25 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 4 ) Sch. 1 para. 1 in force at 1.9.2022 for specified purposes by S.I. 2022/891 , art. 3(o)(i) (with arts. 4-25 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 4 ) Sch. 1 para. 4(1) in force at 1.9.2022 for specified purposes by S.I. 2022/891 , art. 3(o)(ii) (with arts. 4-25 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 4 ) Sch. 1 para. 4(7) in force at 1.9.2022 for specified purposes by S.I. 2022/891 , art. 3(o)(iv) (with arts. 4-25 ) as amended (21.8.2023) by S.I. 2023/932 , art. 4 ) Sch. 1 para. 4(8)(9) in force at 1.9.2022 for specified purposes by S.I. 2022/891 , art. 3(o)(v) (with arts. 4-25 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 4 ) Sch. 1 para. 4(10) in force at 1.9.2022 for specified purposes by S.I. 2022/891 , art. 3(o)(vi) (with arts. 4-25 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 4 ) Sch. 1 para. 4(19)(b) in force at 1.9.2022 for specified purposes by S.I. 2022/891 , art. 3(o)(viii) (with arts. 4-25 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 4 ) Sch. 1 para. 4(20)(21) in force at 1.9.2022 for specified purposes by S.I. 2022/891 , art. 3(o)(ix) (with arts. 4-25 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 4 ) Sch. 1 para. 4(32)(a)(i) (ii)(b) in force at 1.9.2022 for specified purposes by S.I. 2022/891 , art. 3(o)(xi) (with arts. 4-25 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 4 ) Sch. 1 para. 7 in force at 1.9.2022 for specified purposes by S.I. 2022/891 , art. 3(o)(xii) (with arts. 4-25 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 4 ) Sch. 1 para. 8 in force at 1.9.2022 for specified purposes by S.I. 2022/891 , art. 3(o)(xiii) (with arts. 4-25 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 4 ) Sch. 1 para. 11(a) in force at 1.9.2022 for specified purposes by S.I. 2022/891 , art. 3(o)(xiv) (with arts. 4-25 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 4 ) Sch. 1 para. 12(a) in force at 1.9.2022 for specified purposes by S.I. 2022/891 , art. 3(o)(xv) (with arts. 4-25 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 4 ) Sch. 1 para. 14(1) in force at 1.9.2022 for specified purposes by S.I. 2022/891 , art. 3(o)(xvi) (with arts. 4-25 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 4 ) Sch. 1 para. 14(2) (3) in force at 1.9.2022 for specified purposes by S.I. 2022/891 , art. 3(o)(xvii) (with arts. 4-25 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 4 ) Sch. 1 para. 19(1) in force at 1.9.2022 for specified purposes by S.I. 2022/891 , art. 3(o)(xviii) (with arts. 4-25 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 4 ) Sch. 1 para. 19(5)(e)(ii) in force at 1.9.2022 for specified purposes by S.I. 2022/891 , art. 3(o)(xix) (with arts. 4-25 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 4 ) Sch. 1 para. 21(1) in force at 1.9.2022 for specified purposes by S.I. 2022/891 , art. 3(o)(xx) (with arts. 4-25 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 4 ) Sch. 1 para. 21(2)(a)(i) (b)(ii) in force at 1.9.2022 for specified purposes by S.I. 2022/891 , art. 3(o)(xxi) (with arts. 4-25 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 4 ) Sch. 1 para. 22 in force at 1.9.2022 for specified purposes by S.I. 2022/891 , art. 3(o)(xxii) (with arts. 4-25 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 4 ) Sch. 1 para. 23(1) in force at 1.9.2022 for specified purposes by S.I. 2022/891 , art. 3(o)(xxiii) (with arts. 4-25 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 4 ) Sch. 1 para. 23(4) in force at 1.9.2022 for specified purposes by S.I. 2022/891 , art. 3(o)(xxiv) (with arts. 4-25 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 4 ) Sch. 1 para. 24(1) in force at 1.9.2022 for specified purposes by S.I. 2022/891 , art. 3(o)(xxv) (with arts. 4-25 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 4 ) Sch. 1 para. 24(3) (6)(a) in force at 1.9.2022 for specified purposes by S.I. 2022/891 , art. 3(o)(xxvi) (with arts. 4-25 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 4 ) S. 41 in force at 1.9.2022 for specified purposes by S.I. 2022/893 , art. 3 (with art. 1(2) ) S. 42 in force at 1.9.2022 for specified purposes by S.I. 2022/893 , art. 3 (with art. 1(2) ) S. 43 in force at 1.9.2022 for specified purposes by S.I. 2022/893 , art. 3 (with art. 1(2) ) S. 44 in force at 1.9.2022 for specified purposes by S.I. 2022/893 , art. 3 (with art. 1(2) ) S. 2 in force at 1.9.2022 for specified purposes by S.I. 2022/893 , art. 4 (with art. 1(2) ) S. 3 in force at 1.9.2022 for specified purposes by S.I. 2022/893 , art. 4 (with art. 1(2) ) S. 4 in force at 1.9.2022 for specified purposes by S.I. 2022/893 , art. 4 (with art. 1(2) ) S. 6 in force at 1.9.2022 for specified purposes by S.I. 2022/893 , art. 4 (with art. 1(2) ) S. 7 in force at 1.9.2022 for specified purposes by S.I. 2022/893 , art. 4 (with art. 1(2) ) S. 8 in force at 1.9.2022 for specified purposes by S.I. 2022/893 , art. 4 (with art. 1(2) ) S. 9 in force at 1.9.2022 for specified purposes by S.I. 2022/893 , art. 4 (with art. 1(2) ) S. 10 in force at 1.9.2022 for specified purposes by S.I. 2022/893 , art. 4 (with art. 1(2) ) S. 11 in force at 1.9.2022 for specified purposes by S.I. 2022/893 , art. 4 (with art. 1(2) ) S. 12 in force at 1.9.2022 for specified purposes by S.I. 2022/893 , art. 4 (with art. 1(2) ) S. 13 in force at 1.9.2022 for specified purposes by S.I. 2022/893 , art. 4 (with art. 1(2) ) S. 14 in force at 1.9.2022 for specified purposes by S.I. 2022/893 , art. 4 (with art. 1(2) ) S. 17 in force at 1.9.2022 for specified purposes by S.I. 2022/893 , art. 4 (with art. 1(2) ) S. 18 in force at 1.9.2022 for specified purposes by S.I. 2022/893 , art. 4 (with art. 1(2) ) S. 19 in force at 1.9.2022 for specified purposes by S.I. 2022/893 , art. 4 (with art. 1(2) ) S. 20 in force at 1.9.2022 for specified purposes by S.I. 2022/893 , art. 4 (with art. 1(2) ) S. 21 in force at 1.9.2022 for specified purposes by S.I. 2022/893 , art. 4 (with art. 1(2) ) S. 22 in force at 1.9.2022 for specified purposes by S.I. 2022/893 , art. 4 (with art. 1(2) ) S. 23 in force at 1.9.2022 for specified purposes by S.I. 2022/893 , art. 4 (with art. 1(2) ) S. 24 in force at 1.9.2022 for specified purposes by S.I. 2022/893 , art. 4 (with art. 1(2) ) S. 25 in force at 1.9.2022 for specified purposes by S.I. 2022/893 , art. 4 (with art. 1(2) ) S. 26 in force at 1.9.2022 for specified purposes by S.I. 2022/893 , art. 4 (with art. 1(2) ) S. 27 in force at 1.9.2022 for specified purposes by S.I. 2022/893 , art. 4 (with art. 1(2) ) S. 28 in force at 1.9.2022 for specified purposes by S.I. 2022/893 , art. 4 (with art. 1(2) ) S. 29 in force at 1.9.2022 for specified purposes by S.I. 2022/893 , art. 4 (with art. 1(2) ) S. 30 in force at 1.9.2022 for specified purposes by S.I. 2022/893 , art. 4 (with art. 1(2) ) S. 31 in force at 1.9.2022 for specified purposes by S.I. 2022/893 , art. 4 (with art. 1(2) ) S. 32 in force at 1.9.2022 for specified purposes by S.I. 2022/893 , art. 4 (with art. 1(2) ) S. 33 in force at 1.9.2022 for specified purposes by S.I. 2022/893 , art. 4 (with art. 1(2) ) S. 34 in force at 1.9.2022 for specified purposes by S.I. 2022/893 , art. 4 (with art. 1(2) ) S. 35 in force at 1.9.2022 for specified purposes by S.I. 2022/893 , art. 4 (with art. 1(2) ) S. 36 in force at 1.9.2022 for specified purposes by S.I. 2022/893 , art. 4 (with art. 1(2) ) S. 38 in force at 1.9.2022 for specified purposes by S.I. 2022/893 , art. 4 (with art. 1(2) ) S. 41 in force at 1.9.2022 for specified purposes by S.I. 2022/893 , art. 4 (with art. 1(2) ) S. 42 in force at 1.9.2022 for specified purposes by S.I. 2022/893 , art. 4 (with art. 1(2) ) S. 43 in force at 1.9.2022 for specified purposes by S.I. 2022/893 , art. 4 (with art. 1(2) ) S. 44 in force at 1.9.2022 for specified purposes by S.I. 2022/893 , art. 4 (with art. 1(2) ) S. 47 in force at 1.9.2022 for specified purposes by S.I. 2022/893 , art. 4 (with art. 1(2) ) S. 48 in force at 1.9.2022 for specified purposes by S.I. 2022/893 , art. 4 (with art. 1(2) ) S. 49 in force at 1.9.2022 for specified purposes by S.I. 2022/893 , art. 4 (with art. 1(2) ) S. 50(1) in force at 1.9.2022 for specified purposes by S.I. 2022/893 , art. 4 (with art. 1(2) ) S. 50(4) (5) in force at 1.9.2022 for specified purposes by S.I. 2022/893 , art. 4 (with art. 1(2) ) S. 51 in force at 1.9.2022 for specified purposes by S.I. 2022/893 , art. 4 (with art. 1(2) ) S. 52 in force at 1.9.2022 for specified purposes by S.I. 2022/893 , art. 4 (with art. 1(2) ) S. 53 in force at 1.9.2022 for specified purposes by S.I. 2022/893 , art. 4 (with art. 1(2) ) S. 55 in force at 1.9.2022 for specified purposes by S.I. 2022/893 , art. 4 (with art. 1(2) ) S. 59 in force at 1.9.2022 for specified purposes by S.I. 2022/893 , art. 4 (with art. 1(2) ) S. 63 in force at 1.9.2022 for specified purposes by S.I. 2022/893 , art. 4 (with art. 1(2) ) S. 64 in force at 1.9.2022 for specified purposes by S.I. 2022/893 , art. 4 (with art. 1(2) ) S. 65 in force at 1.9.2022 for specified purposes by S.I. 2022/893 , art. 4 (with art. 1(2) ) S. 66 in force at 1.9.2022 for specified purposes by S.I. 2022/893 , art. 4 (with art. 1(2) ) S. 68 in force at 1.9.2022 for specified purposes by S.I. 2022/893 , art. 4 (with art. 1(2) ) S. 69 in force at 1.9.2022 for specified purposes by S.I. 2022/893 , art. 4 (with art. 1(2) ) S. 96 in force at 1.9.2022 for specified purposes by S.I. 2022/893 , art. 4 (with art. 1(2) ) Sch. 1 para. 1 in force at 1.9.2022 for specified purposes by S.I. 2022/893 , art. 4 (with art. 1(2) ) Sch. 1 para. 4(1) in force at 1.9.2022 for specified purposes by S.I. 2022/893 , art. 4 (with art. 1(2) ) Sch. 1 para. 4(7) in force at 1.9.2022 for specified purposes by S.I. 2022/893 , art. 4 (with art. 1(2) ) Sch. 1 para. 4(8)(9) in force at 1.9.2022 for specified purposes by S.I. 2022/893 , art. 4 (with art. 1(2) ) Sch. 1 para. 4(10) in force at 1.9.2022 for specified purposes by S.I. 2022/893 , art. 4 (with art. 1(2) ) Sch. 1 para. 4(19)(b) in force at 1.9.2022 for specified purposes by S.I. 2022/893 , art. 4 (with art. 1(2) ) Sch. 1 para. 4(20)(21) in force at 1.9.2022 for specified purposes by S.I. 2022/893 , art. 4 (with art. 1(2) ) Sch. 1 para. 4(32)(a)(i), (ii)(b) in force at 1.9.2022 for specified purposes by S.I. 2022/893 , art. 4 (with art. 1(2) ) Sch. 1 para. 7 in force at 1.9.2022 for specified purposes by S.I. 2022/893 , art. 4 (with art. 1(2) ) Sch. 1 para. 8 in force at 1.9.2022 for specified purposes by S.I. 2022/893 , art. 4 (with art. 1(2) ) Sch. 1 para. 11(a) in force at 1.9.2022 for specified purposes by S.I. 2022/893 , art. 4 (with art. 1(2) ) Sch. 1 para. 12(a) in force at 1.9.2022 for specified purposes by S.I. 2022/893 , art. 4 (with art. 1(2) ) Sch. 1 para. 14(1) in force at 1.9.2022 for specified purposes by S.I. 2022/893 , art. 4 (with art. 1(2) ) Sch. 1 para. 14(2) (3) in force at 1.9.2022 for specified purposes by S.I. 2022/893 , art. 4 (with art. 1(2) ) Sch. 1 para. 19(1) in force at 1.9.2022 for specified purposes by S.I. 2022/893 , art. 4 (with art. 1(2) ) Sch. 1 para. 19(5)(e)(ii) in force at 1.9.2022 for specified purposes by S.I. 2022/893 , art. 4 (with art. 1(2) ) Sch. 1 para. 21(1) in force at 1.9.2022 for specified purposes by S.I. 2022/893 , art. 4 (with art. 1(2) ) Sch. 1 para. 21(2)(a)(i) (b)(ii) in force at 1.9.2022 for specified purposes by S.I. 2022/893 , art. 4 (with art. 1(2) ) Sch. 1 para. 22 in force at 1.9.2022 for specified purposes by S.I. 2022/893 , art. 4 (with art. 1(2) ) Sch. 1 para. 23(1) in force at 1.9.2022 for specified purposes by S.I. 2022/893 , art. 4 (with art. 1(2) ) Sch. 1 para. 23(4) in force at 1.9.2022 for specified purposes by S.I. 2022/893 , art. 4 (with art. 1(2) ) Sch. 1 para. 24(1) in force at 1.9.2022 for specified purposes by S.I. 2022/893 , art. 4 (with art. 1(2) ) Sch. 1 para. 24(3) (6)(a) in force at 1.9.2022 for specified purposes by S.I. 2022/893 , art. 4 (with art. 1(2) ) S. 2 in force at 1.9.2022 for specified purposes by S.I. 2022/894 , art. 3(a) S. 3 in force at 1.9.2022 for specified purposes by S.I. 2022/894 , art. 3(a) S. 4 in force at 1.9.2022 for specified purposes by S.I. 2022/894 , art. 3(a) S. 6 in force at 1.9.2022 for specified purposes by S.I. 2022/894 , art. 3(b) S. 7 in force at 1.9.2022 for specified purposes by S.I. 2022/894 , art. 3(b) S. 8 in force at 1.9.2022 for specified purposes by S.I. 2022/894 , art. 3(b) S. 9 in force at 1.9.2022 for specified purposes by S.I. 2022/894 , art. 3(b) S. 10 in force at 1.9.2022 for specified purposes by S.I. 2022/894 , art. 3(b) S. 11 in force at 1.9.2022 for specified purposes by S.I. 2022/894 , art. 3(b) S. 12 in force at 1.9.2022 for specified purposes by S.I. 2022/894 , art. 3(b) S. 13 in force at 1.9.2022 for specified purposes by S.I. 2022/894 , art. 3(b) S. 14 in force at 1.9.2022 for specified purposes by S.I. 2022/894 , art. 3(b) S. 17 in force at 1.9.2022 for specified purposes by S.I. 2022/894 , art. 3(c) S. 18 in force at 1.9.2022 for specified purposes by S.I. 2022/894 , art. 3(c) S. 19 in force at 1.9.2022 for specified purposes by S.I. 2022/894 , art. 3(c) S. 20 in force at 1.9.2022 for specified purposes by S.I. 2022/894 , art. 3(c) S. 21 in force at 1.9.2022 for specified purposes by S.I. 2022/894 , art. 3(c) S. 22 in force at 1.9.2022 for specified purposes by S.I. 2022/894 , art. 3(c) S. 23 in force at 1.9.2022 for specified purposes by S.I. 2022/894 , art. 3(c) S. 24 in force at 1.9.2022 for specified purposes by S.I. 2022/894 , art. 3(c) S. 25 in force at 1.9.2022 for specified purposes by S.I. 2022/894 , art. 3(c) S. 26 in force at 1.9.2022 for specified purposes by S.I. 2022/894 , art. 3(c) S. 27 in force at 1.9.2022 for specified purposes by S.I. 2022/894 , art. 3(c) S. 28 in force at 1.9.2022 for specified purposes by S.I. 2022/894 , art. 3(c) S. 29 in force at 1.9.2022 for specified purposes by S.I. 2022/894 , art. 3(c) S. 30 in force at 1.9.2022 for specified purposes by S.I. 2022/894 , art. 3(c) S. 31 in force at 1.9.2022 for specified purposes by S.I. 2022/894 , art. 3(c) S. 32 in force at 1.9.2022 for specified purposes by S.I. 2022/894 , art. 3(c) S. 33 in force at 1.9.2022 for specified purposes by S.I. 2022/894 , art. 3(c) S. 34 in force at 1.9.2022 for specified purposes by S.I. 2022/894 , art. 3(c) S. 35 in force at 1.9.2022 for specified purposes by S.I. 2022/894 , art. 3(c) S. 36 in force at 1.9.2022 for specified purposes by S.I. 2022/894 , art. 3(c) S. 38 in force at 1.9.2022 for specified purposes by S.I. 2022/894 , art. 3(d) S. 40 in force at 1.9.2022 for specified purposes by S.I. 2022/894 , art. 3(e) S. 41 in force at 1.9.2022 for specified purposes by S.I. 2022/894 , art. 3(e) S. 42 in force at 1.9.2022 for specified purposes by S.I. 2022/894 , art. 3(e) S. 43 in force at 1.9.2022 for specified purposes by S.I. 2022/894 , art. 3(e) S. 44 in force at 1.9.2022 for specified purposes by S.I. 2022/894 , art. 3(e) S. 47 in force at 1.9.2022 for specified purposes by S.I. 2022/894 , art. 3(f) S. 48 in force at 1.9.2022 for specified purposes by S.I. 2022/894 , art. 3(f) S. 49 in force at 1.9.2022 for specified purposes by S.I. 2022/894 , art. 3(f) S. 50(1) in force at 1.9.2022 for specified purposes by S.I. 2022/894 , art. 3(g) S. 50(4) (5) in force at 1.9.2022 for specified purposes by S.I. 2022/894 , art. 3(h) S. 51 in force at 1.9.2022 for specified purposes by S.I. 2022/894 , art. 3(i) S. 52 in force at 1.9.2022 for specified purposes by S.I. 2022/894 , art. 3(i) S. 53 in force at 1.9.2022 for specified purposes by S.I. 2022/894 , art. 3(i) S. 55 in force at 1.9.2022 for specified purposes by S.I. 2022/894 , art. 3(j) S. 59 in force at 1.9.2022 for specified purposes by S.I. 2022/894 , art. 3(k) S. 63 in force at 1.9.2022 for specified purposes by S.I. 2022/894 , art. 3(l) S. 64 in force at 1.9.2022 for specified purposes by S.I. 2022/894 , art. 3(l) S. 65 in force at 1.9.2022 for specified purposes by S.I. 2022/894 , art. 3(l) S. 66 in force at 1.9.2022 for specified purposes by S.I. 2022/894 , art. 3(l) S. 68 in force at 1.9.2022 for specified purposes by S.I. 2022/894 , art. 3(m) S. 69 in force at 1.9.2022 for specified purposes by S.I. 2022/894 , art. 3(m) S. 96 in force at 1.9.2022 for specified purposes by S.I. 2022/894 , art. 3(n) Sch. 1 para. 1 in force at 1.9.2022 for specified purposes by S.I. 2022/894 , art. 3(o)(i) Sch. 1 para. 4(1) in force at 1.9.2022 for specified purposes by S.I. 2022/894 , art. 3(o)(ii) Sch. 1 para. 4(7) in force at 1.9.2022 for specified purposes by S.I. 2022/894 , art. 3(o)(iv) Sch. 1 para. 4(19)(b) in force at 1.9.2022 for specified purposes by S.I. 2022/894 , art. 3(o)(vii) Sch. 1 para. 4(20)(21) in force at 1.9.2022 for specified purposes by S.I. 2022/894 , art. 3(o)(viii) Sch. 1 para. 4(32)(a)(i)(ii)(b) in force at 1.9.2022 for specified purposes by S.I. 2022/894 , art. 3(o)(x) Sch. 1 para. 7 in force at 1.9.2022 for specified purposes by S.I. 2022/894 , art. 3(o)(xi) Sch. 1 para. 8 in force at 1.9.2022 for specified purposes by S.I. 2022/894 , art. 3(o)(xii) Sch. 1 para. 11(a) in force at 1.9.2022 for specified purposes by S.I. 2022/894 , art. 3(o)(xiii) Sch. 1 para. 12(a) in force at 1.9.2022 for specified purposes by S.I. 2022/894 , art. 3(o)(xiv) Sch. 1 para. 14(1) in force at 1.9.2022 for specified purposes by S.I. 2022/894 , art. 3(o)(xv) Sch. 1 para. 14(2) (3) in force at 1.9.2022 for specified purposes by S.I. 2022/894 , art. 3(o)(xvi) Sch. 1 para. 19(1) in force at 1.9.2022 for specified purposes by S.I. 2022/894 , art. 3(o)(xvii) Sch. 1 para. 19(5)(e)(ii) in force at 1.9.2022 for specified purposes by S.I. 2022/894 , art. 3(o)(xviii) Sch. 1 para. 21(1) in force at 1.9.2022 for specified purposes by S.I. 2022/894 , art. 3(o)(xix) Sch. 1 para. 21(2)(a)(i) (b)(ii) in force at 1.9.2022 for specified purposes by S.I. 2022/894 , art. 3(o)(xx) Sch. 1 para. 22 in force at 1.9.2022 for specified purposes by S.I. 2022/894 , art. 3(o)(xxi) Sch. 1 para. 23(1) in force at 1.9.2022 for specified purposes by S.I. 2022/894 , art. 3(o)(xxii) Sch. 1 para. 23(4) in force at 1.9.2022 for specified purposes by S.I. 2022/894 , art. 3(o)(xxiii) Sch. 1 para. 24(1) in force at 1.9.2022 for specified purposes by S.I. 2022/894 , art. 3(o)(xxiv) Sch. 1 para. 24(3) (6)(a) in force at 1.9.2022 for specified purposes by S.I. 2022/894 , art. 3(o)(xxv) S. 2 in force at 1.9.2022 for specified purposes by S.I. 2022/895 , arts. 3(a) , 4 S. 3 in force at 1.9.2022 for specified purposes by S.I. 2022/895 , arts. 3(a) , 4 S. 4 in force at 1.9.2022 for specified purposes by S.I. 2022/895 , arts. 3(a) , 4 S. 6 in force at 1.9.2022 for specified purposes by S.I. 2022/895 , arts. 3(b) , 4 S. 7 in force at 1.9.2022 for specified purposes by S.I. 2022/895 , arts. 3(b) , 4 S. 8 in force at 1.9.2022 for specified purposes by S.I. 2022/895 , arts. 3(b) , 4 S. 9 in force at 1.9.2022 for specified purposes by S.I. 2022/895 , arts. 3(b) , 4 S. 10 in force at 1.9.2022 for specified purposes by S.I. 2022/895 , arts. 3(b) , 4 S. 11 in force at 1.9.2022 for specified purposes by S.I. 2022/895 , arts. 3(b) , 4 S. 12 in force at 1.9.2022 for specified purposes by S.I. 2022/895 , arts. 3(b) , 4 S. 13 in force at 1.9.2022 for specified purposes by S.I. 2022/895 , arts. 3(b) , 4 S. 14 in force at 1.9.2022 for specified purposes by S.I. 2022/895 , arts. 3(b) , 4 S. 17 in force at 1.9.2022 for specified purposes by S.I. 2022/895 , arts. 3(c) , 4 S. 18 in force at 1.9.2022 for specified purposes by S.I. 2022/895 , arts. 3(c) , 4 S. 19 in force at 1.9.2022 for specified purposes by S.I. 2022/895 , arts. 3(c) , 4 S. 20 in force at 1.9.2022 for specified purposes by S.I. 2022/895 , arts. 3(c) , 4 S. 21 in force at 1.9.2022 for specified purposes by S.I. 2022/895 , arts. 3(c) , 4 S. 22 in force at 1.9.2022 for specified purposes by S.I. 2022/895 , arts. 3(c) , 4 S. 23 in force at 1.9.2022 for specified purposes by S.I. 2022/895 , arts. 3(c) , 4 S. 24 in force at 1.9.2022 for specified purposes by S.I. 2022/895 , arts. 3(c) , 4 S. 25 in force at 1.9.2022 for specified purposes by S.I. 2022/895 , arts. 3(c) , 4 S. 26 in force at 1.9.2022 for specified purposes by S.I. 2022/895 , arts. 3(c) , 4 S. 27 in force at 1.9.2022 for specified purposes by S.I. 2022/895 , arts. 3(c) , 4 S. 28 in force at 1.9.2022 for specified purposes by S.I. 2022/895 , arts. 3(c) , 4 S. 29 in force at 1.9.2022 for specified purposes by S.I. 2022/895 , arts. 3(c) , 4 S. 30 in force at 1.9.2022 for specified purposes by S.I. 2022/895 , arts. 3(c) , 4 S. 31 in force at 1.9.2022 for specified purposes by S.I. 2022/895 , arts. 3(c) , 4 S. 32 in force at 1.9.2022 for specified purposes by S.I. 2022/895 , arts. 3(c) , 4 S. 33 in force at 1.9.2022 for specified purposes by S.I. 2022/895 , arts. 3(c) , 4 S. 34 in force at 1.9.2022 for specified purposes by S.I. 2022/895 , arts. 3(c) , 4 S. 35 in force at 1.9.2022 for specified purposes by S.I. 2022/895 , arts. 3(c) , 4 S. 36 in force at 1.9.2022 for specified purposes by S.I. 2022/895 , arts. 3(c) , 4 S. 38 in force at 1.9.2022 for specified purposes by S.I. 2022/895 , arts. 3(d) , 4 S. 40 in force at 1.9.2022 for specified purposes by S.I. 2022/895 , arts. 3(e) , 4 S. 41 in force at 1.9.2022 for specified purposes by S.I. 2022/895 , arts. 3(e) , 4 S. 42 in force at 1.9.2022 for specified purposes by S.I. 2022/895 , arts. 3(e) , 4 S. 43 in force at 1.9.2022 for specified purposes by S.I. 2022/895 , arts. 3(e) , 4 S. 44 in force at 1.9.2022 for specified purposes by S.I. 2022/895 , arts. 3(e) , 4 S. 47 in force at 1.9.2022 for specified purposes by S.I. 2022/895 , arts. 3(f) , 4 S. 48 in force at 1.9.2022 for specified purposes by S.I. 2022/895 , arts. 3(f) , 4 S. 49 in force at 1.9.2022 for specified purposes by S.I. 2022/895 , arts. 3(f) , 4 S. 50(1) in force at 1.9.2022 for specified purposes by S.I. 2022/895 , arts. 3(g) , 4 S. 50(4) (5) in force at 1.9.2022 for specified purposes by S.I. 2022/895 , arts. 3(h) , 4 S. 51 in force at 1.9.2022 for specified purposes by S.I. 2022/895 , arts. 3(i) , 4 S. 52 in force at 1.9.2022 for specified purposes by S.I. 2022/895 , arts. 3(i) , 4 S. 53 in force at 1.9.2022 for specified purposes by S.I. 2022/895 , arts. 3(i) , 4 S. 55 in force at 1.9.2022 for specified purposes by S.I. 2022/895 , arts. 3(j) , 4 S. 59 in force at 1.9.2022 for specified purposes by S.I. 2022/895 , arts. 3(k) , 4 S. 63 in force at 1.9.2022 for specified purposes by S.I. 2022/895 , arts. 3(l) , 4 S. 64 in force at 1.9.2022 for specified purposes by S.I. 2022/895 , arts. 3(l) , 4 S. 65 in force at 1.9.2022 for specified purposes by S.I. 2022/895 , arts. 3(l) , 4 S. 66 in force at 1.9.2022 for specified purposes by S.I. 2022/895 , arts. 3(l) , 4 S. 68 in force at 1.9.2022 for specified purposes by S.I. 2022/895 , arts. 3(m) , 4 S. 69 in force at 1.9.2022 for specified purposes by S.I. 2022/895 , arts. 3(m) , 4 S. 96 in force at 1.9.2022 for specified purposes by S.I. 2022/895 , arts. 3(n) , 4 Sch. 1 para. 1 in force at 1.9.2022 for specified purposes by S.I. 2022/895 , arts. 3(o)(i) , 4 Sch. 1 para. 4(1) in force at 1.9.2022 for specified purposes by S.I. 2022/895 , arts. 3(o)(ii) , 4 Sch. 1 para. 4(7) in force at 1.9.2022 for specified purposes by S.I. 2022/895 , arts. 3(o)(iv) , 4 Sch. 1 para. 4(8)(9) in force at 1.9.2022 for specified purposes by S.I. 2022/895 , arts. 3(o)(v) , 4 Sch. 1 para. 4(10) in force at 1.9.2022 for specified purposes by S.I. 2022/895 , arts. 3(o)(vi) , 4 Sch. 1 para. 4(19)(b) in force at 1.9.2022 for specified purposes by S.I. 2022/895 , arts. 3(o)(viii) , 4 Sch. 1 para. 4(20)(21) in force at 1.9.2022 for specified purposes by S.I. 2022/895 , arts. 3(o)(ix) , 4 Sch. 1 para. 4(32)(a)(i)(ii)(b) in force at 1.9.2022 for specified purposes by S.I. 2022/895 , arts. 3(o)(xi) , 4 Sch. 1 para. 7 in force at 1.9.2022 for specified purposes by S.I. 2022/895 , arts. 3(o)(xii) , 4 Sch. 1 para. 8 in force at 1.9.2022 for specified purposes by S.I. 2022/895 , arts. 3(o)(xiii) , 4 Sch. 1 para. 11(a) in force at 1.9.2022 for specified purposes by S.I. 2022/895 , arts. 3(o)(xiv) , 4 Sch. 1 para. 12(a) in force at 1.9.2022 for specified purposes by S.I. 2022/895 , arts. 3(o)(xv) , 4 Sch. 1 para. 14(1) in force at 1.9.2022 for specified purposes by S.I. 2022/895 , arts. 3(o)(xvi) , 4 Sch. 1 para. 14(2) (3) in force at 1.9.2022 for specified purposes by S.I. 2022/895 , arts. 3(o)(xvii) , 4 Sch. 1 para. 19(1) in force at 1.9.2022 for specified purposes by S.I. 2022/895 , arts. 3(o)(xviii) , 4 Sch. 1 para. 19(5)(e)(ii) in force at 1.9.2022 for specified purposes by S.I. 2022/895 , arts. 3(o)(xix) , 4 Sch. 1 para. 21(1) in force at 1.9.2022 for specified purposes by S.I. 2022/895 , arts. 3(o)(xx) , 4 Sch. 1 para. 21(2)(a)(i) (b)(ii) in force at 1.9.2022 for specified purposes by S.I. 2022/895 , arts. 3(o)(xxi) , 4 Sch. 1 para. 22 in force at 1.9.2022 for specified purposes by S.I. 2022/895 , arts. 3(o)(xxii) , 4 Sch. 1 para. 23(1) in force at 1.9.2022 for specified purposes by S.I. 2022/895 , arts. 3(o)(xxiii) , 4 Sch. 1 para. 23(4) in force at 1.9.2022 for specified purposes by S.I. 2022/895 , arts. 3(o)(xxiv) , 4 Sch. 1 para. 24(1) in force at 1.9.2022 for specified purposes by S.I. 2022/895 , arts. 3(o)(xxv) , 4 Sch. 1 para. 24(3) (6)(a) in force at 1.9.2022 for specified purposes by S.I. 2022/895 , arts. 3(o)(xxvi) , 4 S. 2 in force at 1.9.2022 for specified purposes by S.I. 2022/896 , art. 3(a) (with arts. 4-22 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 5 ) S. 3 in force at 1.9.2022 for specified purposes by S.I. 2022/896 , art. 3(a) (with arts. 4-22 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 5 ) S. 4 in force at 1.9.2022 for specified purposes by S.I. 2022/896 , art. 3(a) (with arts. 4-22 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 5 ) S. 6 in force at 1.9.2022 for specified purposes by S.I. 2022/896 , art. 3(b) (with arts. 4-22 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 5 ) S. 7 in force at 1.9.2022 for specified purposes by S.I. 2022/896 , art. 3(b) (with arts. 4-22 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 5 ) S. 8 in force at 1.9.2022 for specified purposes by S.I. 2022/896 , art. 3(b) (with arts. 4-22 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 5 ) S. 9 in force at 1.9.2022 for specified purposes by S.I. 2022/896 , art. 3(b) (with arts. 4-22 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 5 ) S. 10 in force at 1.9.2022 for specified purposes by S.I. 2022/896 , art. 3(b) (with arts. 4-22 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 5 ) S. 11 in force at 1.9.2022 for specified purposes by S.I. 2022/896 , art. 3(b) (with arts. 4-22 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 5 ) S. 12 in force at 1.9.2022 for specified purposes by S.I. 2022/896 , art. 3(b) (with arts. 4-22 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 5 ) S. 13 in force at 1.9.2022 for specified purposes by S.I. 2022/896 , art. 3(b) (with arts. 4-22 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 5 ) S. 14 in force at 1.9.2022 for specified purposes by S.I. 2022/896 , art. 3(b) (with arts. 4-22 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 5 ) S. 17 in force at 1.9.2022 for specified purposes by S.I. 2022/896 , art. 3(c) (with arts. 4-22 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 5 ) S. 18 in force at 1.9.2022 for specified purposes by S.I. 2022/896 , art. 3(c) (with arts. 4-22 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 5 ) S. 19 in force at 1.9.2022 for specified purposes by S.I. 2022/896 , art. 3(c) (with arts. 4-22 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 5 ) S. 20 in force at 1.9.2022 for specified purposes by S.I. 2022/896 , art. 3(c) (with arts. 4-22 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 5 ) S. 21 in force at 1.9.2022 for specified purposes by S.I. 2022/896 , art. 3(c) (with arts. 4-22 (as amended (21.8.2023) by (S.I. 2023/932) , art. 5 ) S. 22 in force at 1.9.2022 for specified purposes by S.I. 2022/896 , art. 3(c) (with arts. 4-22 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 5 ) S. 23 in force at 1.9.2022 for specified purposes by S.I. 2022/896 , art. 3(c) (with arts. 4-22 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 5 ) S. 24 in force at 1.9.2022 for specified purposes by S.I. 2022/896 , art. 3(c) (with arts. 4-22 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 5 ) S. 25 in force at 1.9.2022 for specified purposes by S.I. 2022/896 , art. 3(c) (with arts. 4-22 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 5 ) S. 26 in force at 1.9.2022 for specified purposes by S.I. 2022/896 , art. 3(c) (with arts. 4-22 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 5 ) S. 27 in force at 1.9.2022 for specified purposes by S.I. 2022/896 , art. 3(c) (with arts. 4-22 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 5 ) S. 28 in force at 1.9.2022 for specified purposes by S.I. 2022/896 , art. 3(c) (with arts. 4-22 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 5 ) S. 29 in force at 1.9.2022 for specified purposes by S.I. 2022/896 , art. 3(c) (with arts. 4-22 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 5 ) S. 30 in force at 1.9.2022 for specified purposes by S.I. 2022/896 , art. 3(c) (with arts. 4-22 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 5 ) S. 31 in force at 1.9.2022 for specified purposes by S.I. 2022/896 , art. 3(c) (with arts. 4-22 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 5 ) S. 32 in force at 1.9.2022 for specified purposes by S.I. 2022/896 , art. 3(c) (with arts. 4-22 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 5 ) S. 33 in force at 1.9.2022 for specified purposes by S.I. 2022/896 , art. 3(c) (with arts. 4-22 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 5 ) S. 34 in force at 1.9.2022 for specified purposes by S.I. 2022/896 , art. 3(c) (with arts. 4-22 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 5 ) S. 35 in force at 1.9.2022 for specified purposes by S.I. 2022/896 , art. 3(c) (with arts. 4-22 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 5 ) S. 36 in force at 1.9.2022 for specified purposes by S.I. 2022/896 , art. 3(c) (with arts. 4-22 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 5 ) S. 38 in force at 1.9.2022 for specified purposes by S.I. 2022/896 , art. 3(d) (with arts. 4-22 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 5 ) S. 40 in force at 1.9.2022 for specified purposes by S.I. 2022/896 , art. 3(e) (with arts. 4-22 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 5 ) S. 41 in force at 1.9.2022 for specified purposes by S.I. 2022/896 , art. 3(e) (with arts. 4-22 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 5 ) S. 42 in force at 1.9.2022 for specified purposes by S.I. 2022/896 , art. 3(e) (with arts. 4-22 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 5 ) S. 43 in force at 1.9.2022 for specified purposes by S.I. 2022/896 , art. 3(e) (with arts. 4-22 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 5 ) S. 44 in force at 1.9.2022 for specified purposes by S.I. 2022/896 , art. 3(e) (with arts. 4-22 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 5 ) S. 47 in force at 1.9.2022 for specified purposes by S.I. 2022/896 , art. 3(f) (with arts. 4-22 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 5 ) S. 48 in force at 1.9.2022 for specified purposes by S.I. 2022/896 , art. 3(f) (with arts. 4-22 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 5 ) S. 49 in force at 1.9.2022 for specified purposes by S.I. 2022/896 , art. 3(f) (with arts. 4-22 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 5 ) S. 50(1) in force at 1.9.2022 for specified purposes by S.I. 2022/896 , art. 3(g) (with arts. 4-22 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 5 ) S. 50(4)(5) in force at 1.9.2022 for specified purposes by S.I. 2022/896 , art. 3(h) (with arts. 4-22 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 5 ) S. 51 in force at 1.9.2022 for specified purposes by S.I. 2022/896 , art. 3(i) (with arts. 4-22 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 5 ) S. 52 in force at 1.9.2022 for specified purposes by S.I. 2022/896 , art. 3(i) (with arts. 4-22 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 5 ) S. 53 in force at 1.9.2022 for specified purposes by S.I. 2022/896 , art. 3(i) (with arts. 4-22 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 5 ) S. 55 in force at 1.9.2022 for specified purposes by S.I. 2022/896 , art. 3(j) (with arts. 4-22 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 5 ) S. 59 in force at 1.9.2022 for specified purposes by S.I. 2022/896 , art. 3(k) (with arts. 4-22 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 5 ) S. 63 in force at 1.9.2022 for specified purposes by S.I. 2022/896 , art. 3(l) (with arts. 4-22 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 5 ) S. 64 in force at 1.9.2022 for specified purposes by S.I. 2022/896 , art. 3(l) (with arts. 4-22 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 5 ) S. 65 in force at 1.9.2022 for specified purposes by S.I. 2022/896 , art. 3(l) (with arts. 4-22 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 5 ) S. 66 in force at 1.9.2022 for specified purposes by S.I. 2022/896 , art. 3(l) (with arts. 4-22 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 5 ) S. 68 in force at 1.9.2022 for specified purposes by S.I. 2022/896 , art. 3(m) (with arts. 4-22 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 5 ) S. 69 in force at 1.9.2022 for specified purposes by S.I. 2022/896 , art. 3(m) (with arts. 4-22 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 5 ) S. 96 in force at 1.9.2022 for specified purposes by S.I. 2022/896 , art. 3(n) (with arts. 4-22 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 5 ) Sch. 1 para. 1 in force at 1.9.2022 for specified purposes by S.I. 2022/896 , art. 3(o)(i) (with arts. 4-22 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 5 ) Sch. 1 para. 4(1) in force at 1.9.2022 for specified purposes by S.I. 2022/896 , art. 3(o)(ii) (with arts. 4-22 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 5 ) Sch. 1 para. 4(7) in force at 1.9.2022 for specified purposes by S.I. 2022/896 , art. 3(o)(iv) (with arts. 4-22 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 5 ) Sch. 1 para. 4(8)(9) in force at 1.9.2022 for specified purposes by S.I. 2022/896 , art. 3(o)(v) (with arts. 4-22 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 5 ) Sch. 1 para. 4(10) in force at 1.9.2022 for specified purposes by S.I. 2022/896 , art. 3(o)(vi) (with arts. 4-22 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 5 ) Sch. 1 para. 4(19)(b) in force at 1.9.2022 for specified purposes by S.I. 2022/896 , art. 3(o)(viii) (with arts. 4-22 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 5 ) Sch. 1 para. 4(20)(21) in force at 1.9.2022 for specified purposes by S.I. 2022/896 , art. 3(o)(ix) (with arts. 4-22 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 5 ) Sch. 1 para. 4(32)(a)(i)(ii)(b) in force at 1.9.2022 for specified purposes by S.I. 2022/896 , art. 3(o)(xi) (with arts. 4-22 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 5 ) Sch. 1 para. 7 in force at 1.9.2022 for specified purposes by S.I. 2022/896 , art. 3(o)(xii) (with arts. 4-22 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 5 ) Sch. 1 para. 8 in force at 1.9.2022 for specified purposes by S.I. 2022/896 , art. 3(o)(xiii) (with arts. 4-22 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 5 ) Sch. 1 para. 11(a) in force at 1.9.2022 for specified purposes by S.I. 2022/896 , art. 3(o)(xiv) (with arts. 4-22 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 5 ) Sch. 1 para. 12(a) in force at 1.9.2022 for specified purposes by S.I. 2022/896 , art. 3(o)(xv) (with arts. 4-22 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 5 ) Sch. 1 para. 14(1) in force at 1.9.2022 for specified purposes by S.I. 2022/896 , art. 3(o)(xvi) (with arts. 4-22 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 5 ) Sch. 1 para. 14(2) (3) in force at 1.9.2022 for specified purposes by S.I. 2022/896 , art. 3(o)(xvii) (with arts. 4-22 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 5 ) Sch. 1 para. 19(1) in force at 1.9.2022 for specified purposes by S.I. 2022/896 , art. 3(o)(xviii) (with arts. 4-22 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 5 ) Sch. 1 para. 19(5)(e)(ii) in force at 1.9.2022 for specified purposes by S.I. 2022/896 , art. 3(o)(xix) (with arts. 4-22 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 5 ) Sch. 1 para. 21(1) in force at 1.9.2022 for specified purposes by S.I. 2022/896 , art. 3(o)(xx) (with arts. 4-22 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 5 ) Sch. 1 para. 21(2)(a)(i) (b)(ii) in force at 1.9.2022 for specified purposes by S.I. 2022/896 , art. 3(o)(xxi) (with arts. 4-22 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 5 ) Sch. 1 para. 22 in force at 1.9.2022 for specified purposes by S.I. 2022/896 , art. 3(o)(xxii) (with arts. 4-22 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 5 ) Sch. 1 para. 23(1) in force at 1.9.2022 for specified purposes by S.I. 2022/896 , art. 3(o)(xxiii) (with arts. 4-22 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 5 ) Sch. 1 para. 23(4) in force at 1.9.2022 for specified purposes by S.I. 2022/896 , art. 3(o)(xxiv) (with arts. 4-22 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 5 ) Sch. 1 para. 24(1) in force at 1.9.2022 for specified purposes by S.I. 2022/896 , art. 3(o)(xxv) (with arts. 4-22 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 5 ) Sch. 1 para. 24(3) (6)(a) in force at 1.9.2022 for specified purposes by S.I. 2022/896 , art. 3(o)(xxvi) (with arts. 4-22 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 5 ) S. 2 in force at 1.9.2022 for specified purposes by S.I. 2022/897 , art. 3(a) (with arts. 1(8) , 4-21 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 6 ) S. 3 in force at 1.9.2022 for specified purposes by S.I. 2022/897 , art. 3(a) (with arts. 1(8) , 4-21 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 6 ) S. 4 in force at 1.9.2022 for specified purposes by S.I. 2022/897 , art. 3(a) (with arts. 1(8) , 4-21 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 6 ) S. 6 in force at 1.9.2022 for specified purposes by S.I. 2022/897 , art. 3(b) (with arts. 1(8) , 4-21 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 6 ) S. 7 in force at 1.9.2022 for specified purposes by S.I. 2022/897 , art. 3(b) (with arts. 1(8) , 4-21 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 6 ) S. 8 in force at 1.9.2022 for specified purposes by S.I. 2022/897 , art. 3(b) (with arts. 1(8) , 4-21 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 6 ) S. 9 in force at 1.9.2022 for specified purposes by S.I. 2022/897 , art. 3(b) (with arts. 1(8) , 4-21 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 6 ) S. 10 in force at 1.9.2022 for specified purposes by S.I. 2022/897 , art. 3(b) (with arts. 1(8) , 4-21 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 6 ) S. 11 in force at 1.9.2022 for specified purposes by S.I. 2022/897 , art. 3(b) (with arts. 1(8) , 4-21 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 6 ) S. 12 in force at 1.9.2022 for specified purposes by S.I. 2022/897 , art. 3(b) (with arts. 1(8) , 4-21 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 6 ) S. 13 in force at 1.9.2022 for specified purposes by S.I. 2022/897 , art. 3(b) (with arts. 1(8) , 4-21 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 6 ) S. 14 in force at 1.9.2022 for specified purposes by S.I. 2022/897 , art. 3(b) (with arts. 1(8) , 4-21 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 6 ) S. 17 in force at 1.9.2022 for specified purposes by S.I. 2022/897 , art. 3(c) (with arts. 1(8) , 4-21 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 6 ) S. 18 in force at 1.9.2022 for specified purposes by S.I. 2022/897 , art. 3(c) (with arts. 1(8) , 4-21 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 6 ) S. 19 in force at 1.9.2022 for specified purposes by S.I. 2022/897 , art. 3(c) (with arts. 1(8) , 4-21 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 6 ) S. 20 in force at 1.9.2022 for specified purposes by S.I. 2022/897 , art. 3(c) (with arts. 1(8) , 4-21 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 6 ) S. 21 in force at 1.9.2022 for specified purposes by S.I. 2022/897 , art. 3(c) (with arts. 1(8) , 4-21 (as amended ( 21 . 8 . 2023 ) by S.I. 2023/932 , art. 6 ) S. 22 in force at 1.9.2022 for specified purposes by S.I. 2022/897 , art. 3(c) (with arts. 1(8) , 4-21 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 6 ) S. 23 in force at 1.9.2022 for specified purposes by S.I. 2022/897 , art. 3(c) (with arts. 1(8) , 4-21 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 6 ) S. 24 in force at 1.9.2022 for specified purposes by S.I. 2022/897 , art. 3(c) (with arts. 1(8) , 4-21 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 6 ) S. 25 in force at 1.9.2022 for specified purposes by S.I. 2022/897 , art. 3(c) (with arts. 1(8) , 4-21 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 6 ) S. 26 in force at 1.9.2022 for specified purposes by S.I. 2022/897 , art. 3(c) (with arts. 1(8) , 4-21 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 6 ) S. 27 in force at 1.9.2022 for specified purposes by S.I. 2022/897 , art. 3(c) (with arts. 1(8) , 4-21 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 6 ) S. 28 in force at 1.9.2022 for specified purposes by S.I. 2022/897 , art. 3(c) (with arts. 1(8) , 4-21 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 6 ) S. 29 in force at 1.9.2022 for specified purposes by S.I. 2022/897 , art. 3(c) (with arts. 1(8) , 4-21 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 6 ) S. 30 in force at 1.9.2022 for specified purposes by S.I. 2022/897 , art. 3(c) (with arts. 1(8) , 4-21 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 6 ) S. 31 in force at 1.9.2022 for specified purposes by S.I. 2022/897 , art. 3(c) (with arts. 1(8) , 4-21 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 6 ) S. 32 in force at 1.9.2022 for specified purposes by S.I. 2022/897 , art. 3(c) (with arts. 1(8) , 4-21 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 6 ) S. 33 in force at 1.9.2022 for specified purposes by S.I. 2022/897 , art. 3(c) (with arts. 1(8) , 4-21 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 6 ) S. 34 in force at 1.9.2022 for specified purposes by S.I. 2022/897 , art. 3(c) (with arts. 1(8) , 4-21 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 6 ) S. 35 in force at 1.9.2022 for specified purposes by S.I. 2022/897 , art. 3(c) (with arts. 1(8) , 4-21 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 6 ) S. 36 in force at 1.9.2022 for specified purposes by S.I. 2022/897 , art. 3(c) (with arts. 1(8) , 4-21 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 6 ) S. 38 in force at 1.9.2022 for specified purposes by S.I. 2022/897 , art. 3(d) (with arts. 1(8) , 4-21 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 6 ) S. 40 in force at 1.9.2022 for specified purposes by S.I. 2022/897 , art. 3(e) (with arts. 1(8) , 4-21 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 6 ) S. 41 in force at 1.9.2022 for specified purposes by S.I. 2022/897 , art. 3(e) (with arts. 1(8) , 4-21 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 6 ) S. 42 in force at 1.9.2022 for specified purposes by S.I. 2022/897 , art. 3(e) (with arts. 1(8) , 4-21 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 6 ) S. 43 in force at 1.9.2022 for specified purposes by S.I. 2022/897 , art. 3(e) (with arts. 1(8) , 4-21 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 6 ) S. 44 in force at 1.9.2022 for specified purposes by S.I. 2022/897 , art. 3(e) (with arts. 1(8) , 4-21 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 6 ) S. 47 in force at 1.9.2022 for specified purposes by S.I. 2022/897 , art. 3(f) (with arts. 1(8) , 4-21 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 6 ) S. 48 in force at 1.9.2022 for specified purposes by S.I. 2022/897 , art. 3(f) (with arts. 1(8) , 4-21 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 6 ) S. 49 in force at 1.9.2022 for specified purposes by S.I. 2022/897 , art. 3(f) (with arts. 1(8) , 4-21 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 6 ) S. 50(1) in force at 1.9.2022 for specified purposes by S.I. 2022/897 , art. 3(g) (with arts. 1(8) , 4-21 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 6 ) S. 50(4)(5) in force at 1.9.2022 for specified purposes by S.I. 2022/897 , art. 3(h) (with arts. 1(8) , 4-21 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 6 ) S. 51 in force at 1.9.2022 for specified purposes by S.I. 2022/897 , art. 3(i) (with arts. 1(8) , 4-21 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 6 ) S. 52 in force at 1.9.2022 for specified purposes by S.I. 2022/897 , art. 3(i) (with arts. 1(8) , 4-21 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 6 ) S. 53 in force at 1.9.2022 for specified purposes by S.I. 2022/897 , art. 3(i) (with arts. 1(8) , 4-21 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 6 ) S. 55 in force at 1.9.2022 for specified purposes by S.I. 2022/897 , art. 3(j) (with arts. 1(8) , 4-21 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 6 ) S. 59 in force at 1.9.2022 for specified purposes by S.I. 2022/897 , art. 3(k) (with arts. 1(8) , 4-21 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 6 ) S. 63 in force at 1.9.2022 for specified purposes by S.I. 2022/897 , art. 3(l) (with arts. 1(8) , 4-21 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 6 ) S. 64 in force at 1.9.2022 for specified purposes by S.I. 2022/897 , art. 3(l) (with arts. 1(8) , 4-21 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 6 ) S. 65 in force at 1.9.2022 for specified purposes by S.I. 2022/897 , art. 3(l) (with arts. 1(8) , 4-21 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 6 ) S. 66 in force at 1.9.2022 for specified purposes by S.I. 2022/897 , art. 3(l) (with arts. 1(8) , 4-21 ) (as amended (21.8.2023) by 1S.I. 2023/932 , art. 6 ) S. 68 in force at 1.9.2022 for specified purposes by S.I. 2022/897 , art. 3(m) (with arts. 1(8) , 4-21 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 6 ) S. 69 in force at 1.9.2022 for specified purposes by S.I. 2022/897 , art. 3(m) (with arts. 1(8) , 4-21 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 6 ) S. 96 in force at 1.9.2022 for specified purposes by S.I. 2022/897 , art. 3(n) (with arts. 1(8) , 4-21 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 6 ) Sch. 1 para. 1 in force at 1.9.2022 for specified purposes by S.I. 2022/897 , art. 3(o)(i) (with arts. 1(8) , 4-21 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 6 ) Sch. 1 para. 4(1) in force at 1.9.2022 for specified purposes by S.I. 2022/897 , art. 3(o)(ii) (with arts. 1(8) , 4-21 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 6 ) Sch. 1 para. 4(7) in force at 1.9.2022 for specified purposes by S.I. 2022/897 , art. 3(o)(iv) (with arts. 1(8) , 4-21 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 6 ) Sch. 1 para. 4(8)(9) in force at 1.9.2022 for specified purposes by S.I. 2022/897 , art. 3(o)(v) (with arts. 1(8) , 4-21 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 6 ) Sch. 1 para. 4(10) in force at 1.9.2022 for specified purposes by S.I. 2022/897 , art. 3(o)(vi) (with arts. 1(8) , 4-21 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 6 ) Sch. 1 para. 4(19)(b) in force at 1.9.2022 for specified purposes by S.I. 2022/897 , art. 3(o)(viii) (with arts. 1(8) , 4-21 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 6 ) Sch. 1 para. 4(20)(21) in force at 1.9.2022 for specified purposes by S.I. 2022/897 , art. 3(o)(ix) (with arts. 1(8) , 4-21 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 6 ) Sch. 1 para. 4(32)(a)(i) (ii)(b) in force at 1.9.2022 for specified purposes by S.I. 2022/897 , art. 3(o)(xi) (with arts. 1(8) , 4-21 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 6 ) Sch. 1 para. 7 in force at 1.9.2022 for specified purposes by S.I. 2022/897 , art. 3(o)(xii) (with arts. 1(8) , 4-21 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 6 ) Sch. 1 para. 8 in force at 1.9.2022 for specified purposes by S.I. 2022/897 , art. 3(o)(xiii) (with arts. 1(8) , 4-21 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 6 ) Sch. 1 para. 11(a) in force at 1.9.2022 for specified purposes by S.I. 2022/897 , art. 3(o)(xiv) (with arts. 1(8) , 4-21 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 6 ) Sch. 1 para. 12(a) in force at 1.9.2022 for specified purposes by S.I. 2022/897 , art. 3(o)(xv) (with arts. 1(8) , 4-21 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 6 ) Sch. 1 para. 14(1) in force at 1.9.2022 for specified purposes by S.I. 2022/897 , art. 3(o)(xvi) (with arts. 1(8) , 4-21 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 6 ) Sch. 1 para. 14(2) (3) in force at 1.9.2022 for specified purposes by S.I. 2022/897 , art. 3(o)(xvii) (with arts. 1(8) , 4-21 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 6 ) Sch. 1 para. 19(1) in force at 1.9.2022 for specified purposes by S.I. 2022/897 , art. 3(o)(xviii) (with arts. 1(8) , 4-21 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 6 ) Sch. 1 para. 19(5)(e)(ii) in force at 1.9.2022 for specified purposes by S.I. 2022/897 , art. 3(o)(xix) (with arts. 1(8) , 4-21 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 6 ) Sch. 1 para. 21(1) in force at 1.9.2022 for specified purposes by S.I. 2022/897 , art. 3(o)(xx) (with arts. 1(8) , 4-21 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 6 ) Sch. 1 para. 21(2)(a)(i) (b)(ii) in force at 1.9.2022 for specified purposes by S.I. 2022/897 , art. 3(o)(xxi) (with arts. 1(8) , 4-21 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 6 ) Sch. 1 para. 22 in force at 1.9.2022 for specified purposes by S.I. 2022/897 , art. 3(o)(xxii) (with arts. 1(8) , 4-21 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 6 ) Sch. 1 para. 23(1) in force at 1.9.2022 for specified purposes by S.I. 2022/897 , art. 3(o)(xxiii) (with arts. 1(8) , 4-21 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 6 ) Sch. 1 para. 23(4) in force at 1.9.2022 for specified purposes by S.I. 2022/897 , art. 3(o)(xxiv) (with arts. 1(8) , 4-21 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 6 ) Sch. 1 para. 24(1) in force at 1.9.2022 for specified purposes by S.I. 2022/897 , art. 3(o)(xxv) (with arts. 1(8) , 4-21 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 6 ) Sch. 1 para. 24(3) (6)(a) in force at 1.9.2022 for specified purposes by S.I. 2022/897 , art. 3(o)(xxvi) (with arts. 1(8) , 4-21 ) (as amended (21.8.2023) by S.I. 2023/932 , art. 6 ) S. 2 in force at 1.9.2022 for specified purposes by S.I. 2022/898 , arts. 2(a) , 3 S. 3 in force at 1.9.2022 for specified purposes by S.I. 2022/898 , arts. 2(a) , 3 S. 4 in force at 1.9.2022 for specified purposes by S.I. 2022/898 , arts. 2(a) , 3 S. 6 in force at 1.9.2022 for specified purposes by S.I. 2022/898 , arts. 2(b) , 3 S. 7 in force at 1.9.2022 for specified purposes by S.I. 2022/898 , arts. 2(b) , 3 S. 8 in force at 1.9.2022 for specified purposes by S.I. 2022/898 , arts. 2(b) , 3 S. 9 in force at 1.9.2022 for specified purposes by S.I. 2022/898 , arts. 2(b) , 3 S. 10 in force at 1.9.2022 for specified purposes by S.I. 2022/898 , arts. 2(b) , 3 S. 11 in force at 1.9.2022 for specified purposes by S.I. 2022/898 , arts. 2(b) , 3 S. 12 in force at 1.9.2022 for specified purposes by S.I. 2022/898 , arts. 2(b) , 3 S. 13 in force at 1.9.2022 for specified purposes by S.I. 2022/898 , arts. 2(b) , 3 S. 14 in force at 1.9.2022 for specified purposes by S.I. 2022/898 , arts. 2(b) , 3 S. 17 in force at 1.9.2022 for specified purposes by S.I. 2022/898 , arts. 2(c) , 3 S. 18 in force at 1.9.2022 for specified purposes by S.I. 2022/898 , arts. 2(c) , 3 S. 19 in force at 1.9.2022 for specified purposes by S.I. 2022/898 , arts. 2(c) , 3 S. 20 in force at 1.9.2022 for specified purposes by S.I. 2022/898 , arts. 2(c) , 3 S. 21 in force at 1.9.2022 for specified purposes by S.I. 2022/898 , arts. 2(c) , 3 S. 22 in force at 1.9.2022 for specified purposes by S.I. 2022/898 , arts. 2(c) , 3 S. 23 in force at 1.9.2022 for specified purposes by S.I. 2022/898 , arts. 2(c) , 3 S. 24 in force at 1.9.2022 for specified purposes by S.I. 2022/898 , arts. 2(c) , 3 S. 25 in force at 1.9.2022 for specified purposes by S.I. 2022/898 , arts. 2(c) , 3 S. 26 in force at 1.9.2022 for specified purposes by S.I. 2022/898 , arts. 2(c) , 3 S. 27 in force at 1.9.2022 for specified purposes by S.I. 2022/898 , arts. 2(c) , 3 S. 28 in force at 1.9.2022 for specified purposes by S.I. 2022/898 , arts. 2(c) , 3 S. 29 in force at 1.9.2022 for specified purposes by S.I. 2022/898 , arts. 2(c) , 3 S. 30 in force at 1.9.2022 for specified purposes by S.I. 2022/898 , arts. 2(c) , 3 S. 31 in force at 1.9.2022 for specified purposes by S.I. 2022/898 , arts. 2(c) , 3 S. 32 in force at 1.9.2022 for specified purposes by S.I. 2022/898 , arts. 2(c) , 3 S. 33 in force at 1.9.2022 for specified purposes by S.I. 2022/898 , arts. 2(c) , 3 S. 34 in force at 1.9.2022 for specified purposes by S.I. 2022/898 , arts. 2(c) , 3 S. 35 in force at 1.9.2022 for specified purposes by S.I. 2022/898 , arts. 2(c) , 3 S. 36 in force at 1.9.2022 for specified purposes by S.I. 2022/898 , arts. 2(c) , 3 S. 38 in force at 1.9.2022 for specified purposes by S.I. 2022/898 , arts. 2(d) , 3 S. 40 in force at 1.9.2022 for specified purposes by S.I. 2022/898 , arts. 2(e) , 3 S. 41 in force at 1.9.2022 for specified purposes by S.I. 2022/898 , arts. 2(e) , 3 S. 42 in force at 1.9.2022 for specified purposes by S.I. 2022/898 , arts. 2(e) , 3 S. 43 in force at 1.9.2022 for specified purposes by S.I. 2022/898 , arts. 2(e) , 3 S. 44 in force at 1.9.2022 for specified purposes by S.I. 2022/898 , arts. 2(e) , 3 S. 47 in force at 1.9.2022 for specified purposes by S.I. 2022/898 , arts. 2(f) , 3 S. 48 in force at 1.9.2022 for specified purposes by S.I. 2022/898 , arts. 2(f) , 3 S. 49 in force at 1.9.2022 for specified purposes by S.I. 2022/898 , arts. 2(f) , 3 S. 50(1) in force at 1.9.2022 for specified purposes by S.I. 2022/898 , arts. 2(g) , 3 S. 50(4) (5) in force at 1.9.2022 for specified purposes by S.I. 2022/898 , arts. 2(h) , 3 S. 51 in force at 1.9.2022 for specified purposes by S.I. 2022/898 , arts. 2(i) , 3 S. 52 in force at 1.9.2022 for specified purposes by S.I. 2022/898 , arts. 2(i) , 3 S. 53 in force at 1.9.2022 for specified purposes by S.I. 2022/898 , arts. 2(i) , 3 S. 55 in force at 1.9.2022 for specified purposes by S.I. 2022/898 , arts. 2(j) , 3 S. 59 in force at 1.9.2022 for specified purposes by S.I. 2022/898 , arts. 2(k) , 3 S. 63 in force at 1.9.2022 for specified purposes by S.I. 2022/898 , arts. 2(l) , 3 S. 64 in force at 1.9.2022 for specified purposes by S.I. 2022/898 , arts. 2(l) , 3 S. 65 in force at 1.9.2022 for specified purposes by S.I. 2022/898 , arts. 2(l) , 3 S. 66 in force at 1.9.2022 for specified purposes by S.I. 2022/898 , arts. 2(l) , 3 S. 68 in force at 1.9.2022 for specified purposes by S.I. 2022/898 , arts. 2(m) , 3 S. 69 in force at 1.9.2022 for specified purposes by S.I. 2022/898 , arts. 2(m) , 3 S. 96 in force at 1.9.2022 for specified purposes by S.I. 2022/898 , arts. 2(n) , 3 Sch. 1 para. 1 in force at 1.9.2022 for specified purposes by S.I. 2022/898 , arts. 2(o)(i) , 3 Sch. 1 para. 4(1) in force at 1.9.2022 for specified purposes by S.I. 2022/898 , arts. 2(o)(ii) , 3 Sch. 1 para. 4(7) in force at 1.9.2022 for specified purposes by S.I. 2022/898 , arts. 2(o)(iv) , 3 Sch. 1 para. 4(8)(9) in force at 1.9.2022 for specified purposes by S.I. 2022/898 , arts. 2(o)(v) , 3 Sch. 1 para. 4(10) in force at 1.9.2022 for specified purposes by S.I. 2022/898 , arts. 2(o)(vi) , 3 Sch. 1 para. 4(19)(b) in force at 1.9.2022 for specified purposes by S.I. 2022/898 , arts. 2(o)(viii) , 3 Sch. 1 para. 4(20)(21) in force at 1.9.2022 for specified purposes by S.I. 2022/898 , arts. 2(o)(ix) , 3 Sch. 1 para. 4(32)(a)(i)(ii)(b) in force at 1.9.2022 for specified purposes by S.I. 2022/898 , arts. 2(o)(xi) , 3 Sch. 1 para. 7 in force at 1.9.2022 for specified purposes by S.I. 2022/898 , arts. 2(o)(xii) , 3 Sch. 1 para. 8 in force at 1.9.2022 for specified purposes by S.I. 2022/898 , arts. 2(o)(xiii) , 3 Sch. 1 para. 11(a) in force at 1.9.2022 for specified purposes by S.I. 2022/898 , arts. 2(o)(xiv) , 3 Sch. 1 para. 12(a) in force at 1.9.2022 for specified purposes by S.I. 2022/898 , arts. 2(o)(xv) , 3 Sch. 1 para. 14(1) in force at 1.9.2022 for specified purposes by S.I. 2022/898 , arts. 2(o)(xvi) , 3 Sch. 1 para. 14(2) (3) in force at 1.9.2022 for specified purposes by S.I. 2022/898 , arts. 2(o)(xvii) , 3 Sch. 1 para. 19(1) in force at 1.9.2022 for specified purposes by S.I. 2022/898 , arts. 2(o)(xviii) , 3 Sch. 1 para. 19(5)(e)(ii) in force at 1.9.2022 for specified purposes by S.I. 2022/898 , arts. 2(o)(xix) , 3 Sch. 1 para. 21(1) in force at 1.9.2022 for specified purposes by S.I. 2022/898 , arts. 2(o)(xx) , 3 Sch. 1 para. 21(2)(a)(i) (b)(ii) in force at 1.9.2022 for specified purposes by S.I. 2022/898 , arts. 2(o)(xxi) , 3 Sch. 1 para. 22 in force at 1.9.2022 for specified purposes by S.I. 2022/898 , arts. 2(o)(xxii) , 3 Sch. 1 para. 23(1) in force at 1.9.2022 for specified purposes by S.I. 2022/898 , arts. 2(o)(xxiii) , 3 Sch. 1 para. 23(4) in force at 1.9.2022 for specified purposes by S.I. 2022/898 , arts. 2(o)(xxiv) , 3 Sch. 1 para. 24(1) in force at 1.9.2022 for specified purposes by S.I. 2022/898 , arts. 2(o)(xxv) , 3 Sch. 1 para. 24(3) (6)(a) in force at 1.9.2022 for specified purposes by S.I. 2022/898 , arts. 2(o)(xxvi) , 3 S. 40 in force at 1.9.2022 for specified purposes by S.I. 2022/893 , arts. 3 , 4 (with art. 1(2) ) Sch. 1 para. 22(4) omitted (5.4.2025) by virtue of The Tertiary Education and Research (Wales) Act 2022 (Consequential Amendments) Regulations 2025 (S.I. 2025/435) , regs. 1(2) , 2 Word in s. 99(1) substituted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes, 1.9.2024 for specified purposes) by The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744) , reg. 1(3) , Sch. 2 para. 18(2) Sch. 1 para. 4(2)-(6) in force at 1.9.2025 for specified purposes by S.I. 2022/893 , art. 2(o)(iii) (with art. 1(2) ) Sch. 1 para. 4(13)-(18) in force at 1.9.2025 for specified purposes by S.I. 2022/893 , art. 2(o)(vii) (with art. 1(2) ) Sch. 1 para. 4(23)-(29) in force at 1.9.2025 for specified purposes by S.I. 2022/893 , art. 2(o)(x) (with art. 1(2) ) Sch. 1 para. 24(3) (6)(a) in force at 1.9.2025 for specified purposes by S.I. 2022/893 , art. 2(o)(xxvi) (with art. 1(2) ) Sch. 1 para. 4(6) omitted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes, 1.9.2024 for specified purposes, 1.9.2025 for specified purposes) by virtue of The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744) , reg. 1(3) , Sch. 2 para. 18(3) Sch. 1 para. 4(7) in force at 1.9.2025 for specified purposes by S.I. 2022/893 , art. 2(o)(iv) (with art. 1(2) ) Sch. 1 para. 4(8) (9) in force at 1.9.2025 for specified purposes by S.I. 2022/893 , art. 2(o)(v) (with art. 1(2) ) Sch. 1 para. 4(10) in force at 1.9.2025 for specified purposes by S.I. 2022/893 , art. 2(o)(vi) (with art. 1(2) ) Sch. 1 para. 4(19)(b) in force at 1.9.2025 for specified purposes by S.I. 2022/893 , art. 2(o)(viii) (with art. 1(2) ) Sch. 1 para. 4(20) (21) in force at 1.9.2025 for specified purposes by S.I. 2022/893 , art. 2(o)(ix) (with art. 1(2) ) Sch. 1 para. 4(32)(a)(i) , (ii)(b) in force at 1.9.2025 for specified purposes by S.I. 2022/893 , art. 2(o)(xi) (with art. 1(2) ) S. 50(4) (5) in force at 1.9.2025 for specified purposes by S.I. 2022/893 , art. 2(h) (with art. 1(2) ) Sch. 1 para. 19(5)(e)(ii) in force at 1.9.2025 for specified purposes by S.I. 2022/893 , art. 2(o)(xix) (with art. 1(2) ) Sch. 1 para. 23(4) in force at 1.9.2025 for specified purposes by S.I. 2022/893 , art. 2(o)(xxiv) (with art. 1(2) ) Sch. 1 para. 11(a) in force at 1.9.2025 for specified purposes by S.I. 2022/893 , art. 2(o)(xiv) (with art. 1(2) ) Sch. 1 para. 12(a) in force at 1.9.2025 for specified purposes by S.I. 2022/893 , art. 2(o)(xv) (with art. 1(2) ) Sch. 1 para. 14(2) (3) in force at 1.9.2025 for specified purposes by S.I. 2022/893 , art. 2(o)(xvii) (with art. 1(2) ) Sch. 1 para. 21(2)(a)(i) (b)(ii) in force at 1.9.2025 for specified purposes by S.I. 2022/893 , art. 2(o)(xxi) (with art. 1(2) ) Sch. 1 para. 19(1) in force at 1.9.2025 for specified purposes by S.I. 2022/893 , art. 2(o)(xviii) (with art. 1(2) ) S. 50(1) in force at 1.9.2025 for specified purposes by S.I. 2022/893 , art. 2(g) (with art. 1(2) ) Sch. 1 para. 4(1) in force at 1.9.2025 for specified purposes by S.I. 2022/893 , art. 2(o)(ii) (with art. 1(2) ) Sch. 1 para. 14(1) in force at 1.9.2025 for specified purposes by S.I. 2022/893 , art. 2(o)(xvi) (with art. 1(2) ) Sch. 1 para. 21(1) in force at 1.9.2025 for specified purposes by S.I. 2022/893 , art. 2(o)(xx) (with art. 1(2) ) Sch. 1 para. 23(1) in force at 1.9.2025 for specified purposes by S.I. 2022/893 , art. 2(o)(xxiii) (with art. 1(2) ) Sch. 1 para. 24(1) in force at 1.9.2025 for specified purposes by S.I. 2022/893 , art. 2(o)(xxv) (with art. 1(2) ) Word in s. 99(1) substituted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes, 1.9.2024 for specified purposes, 1.9.2025 for specified purposes) by The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744) , reg. 1(3) , Sch. 2 para. 18(2) S. 7 in force at 1.9.2025 for specified purposes by S.I. 2022/893 , art. 2(b) (with art. 1(2) ) S. 49 in force at 1.9.2025 for specified purposes by S.I. 2022/893 , art. 2(f) (with art. 1(2) ) S. 44 in force at 1.9.2025 for specified purposes by S.I. 2022/893 , art. 2(e) (with art. 1(2) ) S. 48 in force at 1.9.2025 for specified purposes by S.I. 2022/893 , art. 2(f) (with art. 1(2) ) S. 4 in force at 1.9.2025 for specified purposes by S.I. 2022/893 , art. 2(a) (with art. 1(2) ) S. 21 in force at 1.9.2025 for specified purposes by S.I. 2022/893 , art. 2(c) (with art. 1(2) ) S. 32 in force at 1.9.2025 for specified purposes by S.I. 2022/893 , art. 2(c) (with art. 1(2) ) S. 36 in force at 1.9.2025 for specified purposes by S.I. 2022/893 , art. 2(c) (with art. 1(2) ) S. 65 in force at 1.9.2025 for specified purposes by S.I. 2022/893 , art. 2(l) (with art. 1(2) ) S. 96 in force at 1.9.2025 for specified purposes by S.I. 2022/893 , art. 2(n) (with art. 1(2) ) S. 8 in force at 1.9.2025 for specified purposes by S.I. 2022/893 , art. 2(b) (with art. 1(2) ) S. 47 in force at 1.9.2025 for specified purposes by S.I. 2022/893 , art. 2(f) (with art. 1(2) ) S. 68 in force at 1.9.2025 for specified purposes by S.I. 2022/893 , art. 2(m) (with art. 1(2) ) S. 11 in force at 1.9.2025 for specified purposes by S.I. 2022/893 , art. 2(b) (with art. 1(2) ) S. 13 in force at 1.9.2025 for specified purposes by S.I. 2022/893 , art. 2(b) (with art. 1(2) ) S. 18 in force at 1.9.2025 for specified purposes by S.I. 2022/893 , art. 2(c) (with art. 1(2) ) S. 20 in force at 1.9.2025 for specified purposes by S.I. 2022/893 , art. 2(c) (with art. 1(2) ) S. 22 in force at 1.9.2025 for specified purposes by S.I. 2022/893 , art. 2(c) (with art. 1(2) ) S. 23 in force at 1.9.2025 for specified purposes by S.I. 2022/893 , art. 2(c) (with art. 1(2) ) S. 24 in force at 1.9.2025 for specified purposes by S.I. 2022/893 , art. 2(c) (with art. 1(2) ) S. 26 in force at 1.9.2025 for specified purposes by S.I. 2022/893 , art. 2(c) (with art. 1(2) ) S. 27 in force at 1.9.2025 for specified purposes by S.I. 2022/893 , art. 2(c) (with art. 1(2) ) S. 28 in force at 1.9.2025 for specified purposes by S.I. 2022/893 , art. 2(c) (with art. 1(2) ) S. 31 in force at 1.9.2025 for specified purposes by S.I. 2022/893 , art. 2(c) (with art. 1(2) ) S. 64 in force at 1.9.2025 for specified purposes by S.I. 2022/893 , art. 2(l) (with art. 1(2) ) S. 9 in force at 1.9.2025 for specified purposes by S.I. 2022/893 , art. 2(b) (with art. 1(2) ) S. 40 in force at 1.9.2025 for specified purposes by S.I. 2022/893 , art. 2(e) (with art. 1(2) ) S. 42 in force at 1.9.2025 for specified purposes by S.I. 2022/893 , art. 2(e) (with art. 1(2) ) S. 12 in force at 1.9.2025 for specified purposes by S.I. 2022/893 , art. 2(b) (with art. 1(2) ) S. 14 in force at 1.9.2025 for specified purposes by S.I. 2022/893 , art. 2(b) (with art. 1(2) ) S. 41 in force at 1.9.2025 for specified purposes by S.I. 2022/893 , art. 2(e) (with art. 1(2) ) S. 2 in force at 1.9.2025 for specified purposes by S.I. 2022/893 , art. 2(a) (with art. 1(2) ) S. 3 in force at 1.9.2025 for specified purposes by S.I. 2022/893 , art. 2(a) (with art. 1(2) ) S. 6 in force at 1.9.2025 for specified purposes by S.I. 2022/893 , art. 2(b) (with art. 1(2) ) S. 10 in force at 1.9.2025 for specified purposes by S.I. 2022/893 , art. 2(b) (with art. 1(2) ) S. 17 in force at 1.9.2025 for specified purposes by S.I. 2022/893 , art. 2(c) (with art. 1(2) ) S. 19 in force at 1.9.2025 for specified purposes by S.I. 2022/893 , art. 2(c) (with art. 1(2) ) S. 25 in force at 1.9.2025 for specified purposes by S.I. 2022/893 , art. 2(c) (with art. 1(2) ) S. 29 in force at 1.9.2025 for specified purposes by S.I. 2022/893 , art. 2(c) (with art. 1(2) ) S. 30 in force at 1.9.2025 for specified purposes by S.I. 2022/893 , art. 2(c) (with art. 1(2) ) S. 33 in force at 1.9.2025 for specified purposes by S.I. 2022/893 , art. 2(c) (with art. 1(2) ) S. 34 in force at 1.9.2025 for specified purposes by S.I. 2022/893 , art. 2(c) (with art. 1(2) ) S. 35 in force at 1.9.2025 for specified purposes by S.I. 2022/893 , art. 2(c) (with art. 1(2) ) S. 38 in force at 1.9.2025 for specified purposes by S.I. 2022/893 , art. 2(d) (with art. 1(2) ) S. 43 in force at 1.9.2025 for specified purposes by S.I. 2022/893 , art. 2(e) (with art. 1(2) ) S. 51 in force at 1.9.2025 for specified purposes by S.I. 2022/893 , art. 2(i) (with art. 1(2) ) S. 52 in force at 1.9.2025 for specified purposes by S.I. 2022/893 , art. 2(i) (with art. 1(2) ) S. 53 in force at 1.9.2025 for specified purposes by S.I. 2022/893 , art. 2(i) (with art. 1(2) ) S. 55 in force at 1.9.2025 for specified purposes by S.I. 2022/893 , art. 2(j) (with art. 1(2) ) S. 59 in force at 1.9.2025 for specified purposes by S.I. 2022/893 , art. 2(k) (with art. 1(2) ) S. 63 in force at 1.9.2025 for specified purposes by S.I. 2022/893 , art. 2(l) (with art. 1(2) ) S. 66 in force at 1.9.2025 for specified purposes by S.I. 2022/893 , art. 2(l) (with art. 1(2) ) S. 69 in force at 1.9.2025 for specified purposes by S.I. 2022/893 , art. 2(m) (with art. 1(2) ) Sch. 1 para. 7 in force at 1.9.2025 for specified purposes by S.I. 2022/893 , art. 2(o)(xii) (with art. 1(2) ) Sch. 1 para. 8 in force at 1.9.2025 for specified purposes by S.I. 2022/893 , art. 2(o)(xiii) (with art. 1(2) ) Sch. 1 para. 1 in force at 1.9.2025 for specified purposes by S.I. 2022/893 , art. 2(o)(i) (with art. 1(2) ) Sch. 1 para. 22 in force at 1.9.2025 for specified purposes by S.I. 2022/893 , art. 2(o)(xxii) (with art. 1(2) )
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[uk-legislation-anaw][anaw] 2025-12-05
http://www.legislation.gov.uk/anaw/2017/1/2025-11-21
http://www.legislation.gov.uk/anaw/2017/1/2025-11-21 Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 An Act of the National Assembly for Wales to make provision about the taxation of land transactions; to amend the Tax Collection and Management (Wales) Act 2016 (anaw 6) to make provision about counteracting avoidance of devolved taxes; to make other amendments to that Act; and for connected purposes. text text/xml en Statute Law Database 2025-12-05 Expert Participation 2025-11-21 Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 2017 anaw 1 An Act of the National Assembly for Wales to make provision about the taxation of land transactions; to amend the Tax Collection and Management (Wales) Act 2016 (anaw 6) to make provision about counteracting avoidance of devolved taxes; to make other amendments to that Act; and for connected purposes. [24 May 2017] Having been passed by the National Assembly for Wales and having received the assent of Her Majesty, it is enacted as follows: PART 1 OVERVIEW Overview of Act 1 1 This Act is arranged as follows– a Part 2 provides for a tax to be charged on land transactions (““land transaction tax””) and makes provision about the key concepts underlying the tax including— i which transactions are land transactions, ii what is, and what is not, a chargeable interest, iii when a chargeable interest is acquired and the treatment of transactions involving contracts required to be completed by transfer, as well as the treatment of other kinds of transactions, iv which land transactions are, and which are not, chargeable to the tax (““chargeable transactions””), and v what is, and what is not, chargeable consideration in relation to a chargeable transaction, b Part 3 makes provision about— i tax bands and tax rates, ii how to calculate the amount of tax chargeable, and iii the reliefs available from land transaction tax, c Part 4 makes provision about the application of this Act to leases, d Part 5 makes provision about the application of this Act and the Tax Collection and Management (Wales) Act 2016 (anaw 6) to certain persons and bodies, including companies, partnerships and trusts, e Part 6 makes provision about returns and payment of the tax including provision about— i when a return is required to be made in relation to a land transaction, ii who must make a return and pay the tax, and iii when the tax is required to be paid (including provision about when payment may be deferred), f Part 7 inserts into the Tax Collection and Management (Wales) Act 2016 (anaw 6) provisions establishing a general rule for the purposes of counteracting avoidance arrangements in relation to devolved taxes, and g Part 8 provides for amendments to the Tax Collection and Management (Wales) Act 2016 (anaw 6) and contains provisions that apply generally for the purposes of this Act, including definitions of expressions used in this Act. 2 Schedule 1 contains an overview of the Schedules to this Act. PART 2 THE TAX AND KEY CONCEPTS CHAPTER 1 LAND TRANSACTION TAX Land transaction tax 2 1 A tax (to be known as “ "land transaction tax” ”) is to be charged on land transactions. 2 The tax is chargeable— a whether or not there is an instrument effecting the transaction, b if there is such an instrument, regardless of where it is executed, and c regardless of where any party to the transaction is or is resident. 3 The Welsh Revenue Authority (““WRA””) is to be responsible for the collection and management of the tax. CHAPTER 2 LAND TRANSACTIONS Land transaction 3 1 In this Act, a “ "land transaction” ” means an acquisition of a chargeable interest. 2 Except as otherwise provided, this Act applies however the acquisition is effected, whether by act of the parties, by order of a court or other authority, by or under any enactment or by operation of law. 3 See section 15 as to when the acquisition of an option or right of pre-emption is a land transaction. Chargeable interest 4 1 A chargeable interest is— a an estate, interest, right or power in or over land in Wales, or b the benefit of an obligation, restriction or condition affecting the value of any such estate, interest, right or power, other than an exempt interest. 2 In this Act, “ "land in Wales” ” does not include land below mean low water mark. 3 See section 9 as to land partly in Wales and partly in England. Exempt interest 5 1 The following are exempt interests— a a security interest; b a licence to use or occupy land; c a tenancy at will; d a franchise or manor. 2 In subsection (1)— a “ "security interest” ” means an interest or right (other than a rentcharge) held for the purpose of securing the payment of money or the performance of any other obligation; b “ "franchise” ” means a grant from the Crown such as the right to hold a market or fair, or the right to take tolls. 3 See also paragraph 7 of Schedule 10 (which makes additional provision about exempt interests in relation to alternative financial arrangements). 4 The Welsh Ministers may by regulations amend this section so as to— a provide that any other description of interest or right in relation to land in Wales is an exempt interest; b provide that a description of interest or right in relation to land in Wales is no longer an exempt interest; c vary a description of an exempt interest. Acquisition and disposal of chargeable interest 6 1 For the purposes of this Act, each of the following is an acquisition and a disposal of a chargeable interest— a the creation of the interest; b the surrender or release of the interest; c the variation of the interest. 2 But the variation of a lease is an acquisition and disposal of a chargeable interest only where— a it takes effect, or is treated for the purposes of this Act, as the grant of a new lease, or b paragraph 24 of Schedule 6 (reduction of rent or term or other variation of lease) applies. 3 A person acquires a chargeable interest where— a the person becomes entitled to the interest on its creation, b the person's interest or right is benefited or enlarged by the surrender or release of the interest, or c the person benefits from the variation of the interest. 4 A person disposes of a chargeable interest where— a the person's interest or right becomes subject to the interest on its creation, b the person ceases to be entitled to the interest on its being surrendered or released, or c the person's interest or right is subject to or limited by the variation of the interest. 5 This section has effect subject to section 10(4) (substantial performance without completion), section 11(3) (substantial performance of contract providing for transfer to third party) and paragraphs 20 and 24 of Schedule 6 (agreement for lease and reduction of rent or term or other variation of lease). Buyer and seller 7 1 The buyer in a land transaction is the person acquiring the subject-matter of the transaction. 2 The seller in a land transaction is the person disposing of the subject-matter of the transaction. 3 These expressions apply even if there is no consideration given for the transaction. Linked transactions 8 1 For the purposes of this Act, a land transaction is a linked transaction if it is one of a number of land transactions forming part of a single scheme, arrangement or series of transactions between the same seller and buyer or, in either case, persons connected with them. 2 This section is subject to section 16 (exchanges; in particular see subsection (1) of that section which provides for transactions forming an exchange not to be treated as linked transactions). Land partly in Wales and partly in England 9 1 This section sets out how this Act applies to a transaction which is the acquisition of— a an estate, interest, right or power in or over land, or b the benefit of an obligation, restriction or condition affecting the value of any such estate, interest, right or power, where the land is partly in Wales and partly in England. 2 The transaction is to be treated as if it were two transactions, one relating to the land in Wales (““the Welsh transaction””) and the other relating to the land in England (““the English transaction””). 3 The consideration for the transaction is to be apportioned between those two transactions on a just and reasonable basis. 4 Accordingly, the Welsh transaction is to be treated as a land transaction within the meaning of this Act (being the acquisition of a chargeable interest relating to the land in Wales). 5 But subsection (4) does not apply in the case of an exempt interest. 6 WRA must publish guidance about transactions to which subsection (1) applies, including guidance about identifying the location of the border between Wales and England. 7 WRA may revise guidance published under subsection (6) and must publish the revised guidance. 8 See section 48A of the Finance Act 2003 (c. 14) as to the application of Part 4 of that Act (stamp duty land tax) to the English transaction. 9 In section 48A of the Finance Act 2003 (c. 14), after subsection (5) insert— 6 See section 9 of the Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (anaw 0) as to the application of that Act to the transaction relating to the land in Wales. CHAPTER 3 PARTICULAR TRANSACTIONS Contracts and transfers: general provision Contract and transfer 10 1 This section applies where a contract for a land transaction is entered into under which the transaction is to be completed by a transfer. 2 A person is not regarded as entering into a land transaction by reason of entering into the contract (but see subsection (4)). 3 If the transaction is completed without previously having been substantially performed— a the contract and the transaction effected on completion are treated as parts of a single land transaction, and b the effective date of the transaction is the date of completion. 4 But if the contract is substantially performed without having been completed— a the contract is treated as if it were itself the transaction provided for in the contract, and b the effective date of that transaction is when the contract is substantially performed. 5 Where subsection (4) applies and the contract is subsequently completed by a transfer— a both the contract and the transaction effected on completion are notifiable transactions for the purposes of this Act, and b tax is chargeable on the latter transaction to the extent (if any) that the amount mentioned in subsection (6) is greater than the amount of tax chargeable on the contract. 6 The amount is the tax that would have been chargeable on the latter transaction if it had been completed without previously having been substantially performed. 7 Where subsection (4) applies and the contract is (to any extent) afterwards rescinded or annulled, or is for any other reason not carried into effect, the tax paid by virtue of that subsection must (to that extent) be repaid by WRA. 8 But repayment of tax is due only if a claim for it is made by amendment, in accordance with section 41 of TCMA, of the return made in respect of the contract. 9 Where paragraph 20 of Schedule 6 applies (agreement for lease), it applies in place of subsections (4) to (8). 10 In this section— a references to completion are to completion of the land transaction proposed, between the same parties, in substantial conformity with the contract; b “ "contract” ” includes any agreement and “ "transfer” ” includes any instrument. Contracts and transfers: particular cases Contract providing for transfer to third party 11 1 This section applies where a contract is entered into under which a chargeable interest is to be transferred by one party to the contract (““P1””) at the direction or request of the other (““P2””)— a to a person (““P3””) who is not a party to the contract, or b either to such a person or to P2. 2 P2 is not regarded as entering into a land transaction by reason of entering into the contract. 3 But if the contract is substantially performed without having been completed— a P2 is treated for the purposes of this Act as acquiring a chargeable interest, and accordingly as entering into a land transaction, and b the effective date of that transaction is when the contract is substantially performed. 4 Where subsection (3) applies and the contract is (to any extent) afterwards rescinded or annulled, or is for any other reason not carried into effect, the tax paid by virtue of that subsection must (to that extent) be repaid by WRA. 5 But repayment of tax is due only if a claim for it is made by amendment, in accordance with section 41 of TCMA, of the return made in respect of the contract. 6 Subject to subsection (7), section 10 (contract and transfer) does not apply in relation to the contract. 7 Where— a this section applies by virtue of subsection (1)(b), and b by reason of P2's direction or request, P1 becomes obliged to transfer a chargeable interest to P2, section 10 applies to that obligation as it applies to a contract for a land transaction that is to be completed by a transfer. 8 Section 10 applies in relation to any contract between P2 and P3, in respect of the chargeable interest referred to in subsection (1), that is to be completed by a transfer. 9 References to completion in that section, as it so applies, include references to transfer by P1 to P3 of the subject-matter of the contract between P2 and P3. 10 In this section, “ "contract” ” includes any agreement and “ "transfer” ” includes any instrument. Contract providing for transfer to third party: effect of transfer of rights 12 1 This section applies where— a a contract (““the original contract””) is entered into under which a chargeable interest is to be transferred by one party to the contract (““P1””) at the direction or request of the other (““P2””)— i to a person (““P3””) who is not a party to the contract, or ii either to such a person or to P2, and b there is an assignment or other transaction (relating to the whole or part of the subject-matter of the original contract) as a result of which a person (““P4””) becomes entitled to exercise any of P2's rights under the original contract in place of P2. 2 References in the following provisions of this section to a transfer of rights are to any such assignment or other transaction. 3 P4 is not regarded as entering into a land transaction by reason of the transfer of rights, but section 11 (contract providing for transfer to third party) has effect in accordance with the following provisions. 4 That section applies as if— a P4 had entered into a contract (a ““secondary contract””) in the same terms as the original contract except with P4 as a party instead of P2, and b the consideration due from P4 under the secondary contract were— i so much of the consideration under the original contract as is referable to the subject-matter of the transfer of rights and is to be given (directly or indirectly) by P4 or a person connected with P4, and ii the consideration given for the transfer of rights. 5 The substantial performance of the original contract is to be disregarded if it occurs— a at the same time as, and in connection with, the substantial performance of the secondary contract, or b after the transfer of rights. 6 Where there are successive transfers of rights, subsection (4) has effect in relation to each of them. 7 The substantial performance of the secondary contract arising from an earlier transfer of rights is to be disregarded if it occurs— a at the same time as, and in connection with, the substantial performance of the secondary contract arising from a subsequent transfer of rights, or b after that subsequent transfer. 8 Where a transfer of rights relates to only part of the subject-matter of the original contract, or to only some of the rights under that contract— a a reference in subsection (4)(a) or (5) to the original contract, or a reference in subsection (7) to the secondary contract arising from an earlier transfer, is to that contract so far as relating to that part or those rights, and b that contract so far as not relating to that part or those rights is to be treated as a separate contract. 9 The effective date of a land transaction treated as entered into by virtue of subsection (4) is not earlier than the date of the transfer of rights. 10 In relation to a such a transaction— a references in Schedule 16 (group relief) to the seller are to be read as references to P1; b other references in this Act to the seller are to be read, where the context permits, as referring to either P1 or P2. 11 In this section, “ "contract” ” includes any agreement. Pre-completion transactions 13 Schedule 2 makes— a provision about the application of section 10 (contract and transfer) in certain cases where an assignment of rights, subsale or other transaction is entered into without the contract having been completed, and b other provision about such cases. Substantial performance Meaning of substantial performance 14 1 A contract is substantially performed for the purposes of this Act when— a the buyer, or a person connected with the buyer, takes possession of the whole, or substantially the whole, of the subject-matter of the contract, or b a substantial amount of the consideration is paid or provided. 2 For the purposes of subsection (1)(a)— a possession includes receipt of rents and profits or the right to receive them, and b it is immaterial whether possession is taken under the contract or under a licence or lease of a temporary character or a tenancy at will. 3 For the purposes of subsection (1)(b), a substantial amount of the consideration is paid or provided— a if none of the consideration is rent, when the whole or substantially the whole of the consideration is paid or provided; b if the only consideration is rent, when the first payment of rent is made; c if the consideration includes both rent and other consideration, when the first of the following events occurs— i the whole or substantially the whole of the consideration other than rent is paid or provided, or ii the first payment of rent is made. Options etc. Options and rights of pre-emption 15 1 The acquisition of— a an option binding the grantor to enter into a land transaction, or b a right of pre-emption preventing the grantor from entering into, or restricting the right of the grantor to enter into, a land transaction, is a land transaction distinct from any land transaction resulting from the exercise of the option or right. 2 They may be ““linked transactions”” (see section 8). 3 The reference in subsection (1)(a) to an option binding the grantor to enter into a land transaction includes an option requiring the grantor either to enter into a land transaction or to discharge the grantor's obligations under the option in some other way. 4 The effective date of the transaction in the case of the acquisition of an option or right such as is mentioned in subsection (1) is when the option or right is acquired (as opposed to when it becomes exercisable). 5 Nothing in this section applies to so much of an option or right of pre-emption as constitutes or forms part of a land transaction apart from this section. Exchanges Exchanges 16 1 This Act applies in a case within subsection (2) in relation to each transaction described in that subsection as if each were distinct and separate from the other (and they are not linked transactions within the meaning of section 8). 2 A case is within this subsection where a land transaction is entered into by a person (alone or jointly) as buyer wholly or partly in consideration of another land transaction being entered into by that person (alone or jointly) as seller. 3 A transaction is treated for the purposes of this Act as entered into by a person as buyer wholly or partly in consideration of another land transaction being entered into by that person as seller in a case within subsection (4). 4 A case is within this subsection where an obligation to give consideration for a land transaction that a person enters into as buyer is met wholly or partly by way of that person entering into another transaction as seller. 5 As to the amount of the chargeable consideration in the case of exchanges and similar transactions, see— a paragraphs 5 and 6 of Schedule 4 (exchanges, partition etc.); b paragraph 18 of that Schedule (arrangements involving public or educational bodies). CHAPTER 4 CHARGEABLE TRANSACTIONS AND CHARGEABLE CONSIDERATION Chargeable transactions Chargeable transaction 17 A land transaction is a chargeable transaction unless— a it is a transaction that is exempt from charge as provided for in Schedule 3, or b it is a transaction that is relieved from tax by virtue of a provision listed in section 30(2) and in respect of which relief from tax is claimed. Chargeable consideration Chargeable consideration 18 1 Schedule 4 makes provision as to the chargeable consideration for a transaction. 2 The Welsh Ministers may by regulations amend or repeal the provisions of this Act relating to— a what is to count as chargeable consideration, or b the determination of the amount of chargeable consideration. Contingent consideration 19 1 Where the whole or part of the chargeable consideration for a transaction is contingent, the amount or value of the consideration is to be determined for the purposes of this Act on the assumption that the outcome of the contingency will be such that the consideration is payable or, as the case may be, does not cease to be payable. 2 In this Act, “ "contingent” ”, in relation to consideration, means— a that it is to be paid or provided only if some uncertain future event occurs, or b that it is to cease to be paid or provided if some uncertain future event occurs. Uncertain or unascertained consideration 20 1 Where the whole or part of the chargeable consideration for a transaction is uncertain or unascertained, its amount or value is to be determined for the purposes of this Act on the basis of a reasonable estimate. 2 In this Act, “ "uncertain” ”, in relation to consideration, means that its amount or value depends on uncertain future events. Annuities 21 1 This section applies to so much of the chargeable consideration for a land transaction as consists of an annuity payable— a for life, b in perpetuity, c for an indefinite period, or d for a definite period exceeding 12 years. 2 The consideration to be taken into account is limited to 12 years' annual payments. 3 Where the amount payable varies, or may vary, from year to year, the 12 highest annual payments are to be taken into account. 4 No account is to be taken of any provision for adjustment of the amount payable in line with the retail prices index, the consumer prices index or any other similar index used to express a rate of inflation. 5 References in this section to annual payments are to payments in respect of each successive period of 12 months beginning with the effective date of the transaction. 6 For the purposes of this section, the amount or value of any payment is to be determined (if necessary) in accordance with section 19 (contingent consideration) or 20 (uncertain or unascertained consideration). 7 References in this section to an annuity include any consideration (other than rent) that falls to be paid or provided periodically; and references to payment are to be read accordingly. Deemed market value 22 1 This section applies where the buyer is a company and— a the seller is connected with the buyer, or b some or all of the consideration for the transaction consists of the issue or transfer of shares in a company with which the seller is connected. 2 The chargeable consideration for the transaction is to be taken to be— a the amount determined under subsection (3) in respect of the transaction, or b if greater, the amount which would be the chargeable consideration for the transaction ignoring this section. 3 The amount mentioned in subsection (2)(a) is— a the market value of the subject-matter of the transaction as at the effective date of the transaction, and b if the acquisition is the grant of a lease at a rent, that rent. 4 In this section— “ "company” ” (“ " cwmni ”") means any body corporate; “ "shares” ” (“ " cyfranddaliadau ”") includes stock and the reference to shares in a company includes a reference to securities issued by a company. 5 Where this section applies paragraph 1 of Schedule 3 (exemption of transactions for which there is no chargeable consideration) does not apply. 6 This section has effect subject to— a the exceptions provided for in section 23, and b any other provision affording exemption or relief from tax. Exceptions 23 1 Section 22 (deemed market value) does not apply in the following cases. 2 Case 1 is where immediately after the transaction the company holds the property as trustee in the course of a business carried on by it that consists of or includes the management of trusts. 3 Case 2 is where— a immediately after the transaction the company holds the property as trustee, and b the seller is connected with the company only because of section 1122(6) of the Corporation Tax Act 2010 (c. 4). 4 Case 3 is where— a the seller is a company and the transaction is, or is part of, a distribution of the assets of that company (whether or not in connection with its winding up), and b it is not the case that— i the subject-matter of the transaction, or ii an interest from which that interest is derived, has, within the period of 3 years immediately preceding the effective date of the transaction, been the subject of a transaction in respect of which group relief under Schedule 16 was claimed by the seller. 5 In this section, “ "the company” ” means the company that is the buyer in relation to the transaction in question. PART 3 CALCULATION OF TAX AND RELIEFS Calculation of tax Regulations specifying tax bands and tax rates 24 1 The Welsh Ministers must by regulations specify the tax bands and percentage tax rates for each band applicable in the case of the following types of chargeable transactions— a residential property transactions, b higher rates residential property transactions, and c non-residential property transactions. 2 In this Act, “ "tax band” ” means a lower and, if specified, upper amount of money from or, as the case may be, between which a specified percentage tax rate applies. 3 Regulations under subsection (1)(a) and (c) must specify, in the case of each type of transaction— a a tax band for which the applicable tax rate is 0% (““the zero rate band””), b two or more tax bands above the zero rate band, c the tax rate for each band above the zero rate band so that the rate for each band is higher than the rate for the band below it, and d a date on which the tax bands and tax rates apply in relation to transactions with an effective date on or after that date. 4 Regulations under subsection (1)(b) must specify— a three or more tax bands, b an applicable tax rate for each band which— i must, in respect of any higher rates residential property transaction, be higher than the highest rate that would be applicable to any amount within that band were that transaction a residential property transaction, and ii except in the case of the lowest band, is higher than the rate applicable to the band below it, and c a date on which the tax bands and tax rates apply in relation to transactions with an effective date on or after that date. 5 Regulations under subsection (1) may specify— a different tax bands and tax rates in respect of different categories of each type of chargeable transaction (including by reference to different descriptions of buyer); b different dates under subsection (3)(d) or (4)(c) in respect of each specified tax band or tax rate. 6 A chargeable transaction is a residential property transaction if— a the main subject-matter of the transaction consists entirely of an interest in land that is residential property, or b where the transaction is one of a number of linked transactions, the main subject-matter of each transaction consists entirely of such an interest. 7 But if Schedule 5 applies to a chargeable transaction it is a higher rates residential property transaction. 8 A chargeable transaction is a non-residential property transaction if— a the main subject-matter of the transaction consists of or includes an interest in land that is not residential property, or b where the transaction is one of a number of linked transactions, the main subject-matter of any of the transactions consists of or includes such an interest. 9 Tax bands and tax rates specified in regulations under subsection (1) do not apply in relation to a chargeable transaction in so far as the chargeable consideration for the transaction is rent (for provision about the tax bands and tax rates applicable to chargeable consideration which is rent see paragraphs 27 and 28 of Schedule 6). 10 Schedule 5 makes provision about higher rates residential property transactions. 11 The Welsh Ministers may by regulations amend Schedule 5. Procedure for regulations specifying tax bands and tax rates 25 1 A statutory instrument containing— a the first regulations made under section 24(1), b the first regulations made under paragraph 27(4) of Schedule 6 (tax bands and rates: rent element of residential leases), or c the first regulations made under paragraph 28(1) of that Schedule (tax bands and rates: rent element of non-residential and mixed leases), may not be made unless a draft of the instrument has been laid before and approved by a resolution of the National Assembly for Wales. 2 A statutory instrument containing— a the second or subsequent regulations made under section 24(1), b the second or subsequent regulations made under paragraph 27(4) of Schedule 6, or c the second or subsequent regulations made under paragraph 28(1) of that Schedule, must be laid before the National Assembly for Wales and ceases to have effect on the expiry of 28 days beginning with the day it is made unless, before the expiry of that period, it is approved by a resolution of the National Assembly. 3 But if— a the National Assembly votes on a motion for a resolution to approve a statutory instrument laid under subsection (2) before the expiry of the period of 28 days mentioned in that subsection, and b the motion is not passed, the instrument ceases to have effect at the end of the day on which the vote takes place. 4 In calculating any period of 28 days for the purposes of subsection (2), no account is to be taken of any period during which the National Assembly is— a dissolved, or b in recess for more than 4 days. Tax bands and tax rates applicable when regulations cease to have effect 26 1 In this section— a “ "rejected regulations” ” means regulations which cease to have effect by virtue of subsection (2) or (3) of section 25; b “ "the interim period” ” means the period— i beginning with the date specified by rejected regulations as the date on which specified tax bands and tax rates apply in relation to a chargeable transaction, and ii ending when those regulations cease to have effect by virtue of subsection (2) or (3) of section 25. 2 Subject to subsection (3), if the effective date of a chargeable transaction falls within the interim period the tax bands and tax rates applicable to the transaction are the bands and rates specified by the rejected regulations as applying to the transaction. 3 If— a the effective date of a chargeable transaction falls within the interim period, and b subsection (4), (5) or (6) applies, the tax bands and tax rates applicable to the transaction are the bands and rates which would have been applicable had the rejected regulations not been made. 4 This subsection applies where the buyer— a is required by virtue of section 44 to make a return relating to the transaction on or before the filing date and fails to do so, and b also fails to make the return on or before the date on which the interim period ends. 5 This subsection applies where the first return required in relation to the chargeable transaction is required under one of the following provisions— a section 47 (duty to make return where contingency ceases or consideration is ascertained); b section 51 (return as a result of later linked transaction); c paragraph 3(4) or 5(5) of Schedule 6 (return as a result of lease continuing); d paragraph 13(1) of that Schedule (return where tax underpaid where rent determined on reconsideration). 6 This subsection applies where— a the buyer in the transaction makes a claim under section 63A of TCMA, b by virtue of subsection (5) of that section, the assessment of tax chargeable contained in a tax return made in relation to the transaction is treated as having been amended, and c a further return is required in relation to the transaction under— i a provision mentioned in subsection (5) of this section, ii section 49 (further return where relief is withdrawn), or iii paragraph 24 of Schedule 5 (return where transaction treated as higher rates residential property transaction). 7 But subsection (6) does not affect a return made before the claim is made under section 63A TCMA. 8 Section 63A of TCMA makes provision for relief to be claimed in cases where subsection (2) applies if the amount of tax chargeable is greater than the amount which would have been chargeable had the rejected regulations not been made. Amount of tax chargeable: transactions which are not linked 27 1 The amount of tax chargeable in respect of a chargeable transaction which is not one of a number of linked transactions (for which see section 28) is to be calculated as follows. Step 1 For each tax band applicable to the transaction, multiply so much of the chargeable consideration for the transaction as falls within the band by the percentage tax rate for that band. Step 2 Calculate the sum of the amounts reached under Step 1. The result is the amount of tax chargeable. 2 But this section does not apply for the purposes of calculating the amount of any tax chargeable in respect of rent where the whole or part of the chargeable consideration for a chargeable transaction is rent; instead see— a in the case of a residential property transaction, paragraph 27 of Schedule 6 and any regulations made under that paragraph which make provision about the tax chargeable in respect of rent in the case of residential leases; b in the case of a non-residential property transaction, paragraph 29 of that Schedule which provides for the calculation of tax chargeable in respect of rent in the case of non-residential and mixed leases. Amount of tax chargeable: linked transactions 28 1 Where a chargeable transaction is one of a number of linked transactions, the amount of tax chargeable in respect of the transaction is to be determined as follows. Step 1 Calculate the tax which would be chargeable in accordance with section 27(1), if the chargeable consideration for the transaction were the total consideration. Step 2 Divide the chargeable consideration for the transaction by the total consideration. Step 3 Multiply the amount arrived at under Step 1 by the fraction arrived at under Step 2. The result is the amount of tax chargeable. 2 In subsection (1), the ““total consideration”” is the total of the chargeable consideration for all the linked transactions (not including any chargeable consideration which is rent). 3 Where the whole or part of the chargeable consideration for a linked transaction is rent this section does not apply for the purposes of calculating the amount of any tax chargeable in respect of the rent; instead see— a in the case of a residential property transaction, paragraph 27 of Schedule 6 and any regulations made under that paragraph, and b in the case of a non-residential property transaction, paragraph 30 of that Schedule (calculation of tax chargeable in respect of rent: linked transactions). Calculation provisions subject to certain provisions about reliefs 29 Sections 27 and 28 are subject to— a Schedule 13 (relief for acquisitions involving multiple dwellings); b paragraph 10 of Schedule 14 (relief for transactions entered into by persons exercising collective rights); c Part 3 of Schedule 17 (acquisition relief); d paragraphs 6 and 8 of Schedule 18 (partial charities relief in certain circumstances). Reliefs Reliefs 30 1 The following Schedules make provision about reliefs and other provision connected to those reliefs— Schedule 9 (sale and leaseback relief); Schedule 10 (alternative property finance relief); Schedule 11 (relief for alternative finance investment bonds); Schedule 12 (relief for incorporation of limited liability partnership); Schedule 13 (relief for acquisitions involving multiple dwellings); Schedule 14 (relief for certain acquisitions of dwellings); Schedule 15 (relief for certain transactions relating to social housing); Schedule 16 (group relief); Schedule 17 (reconstruction and acquisition reliefs); Schedule 18 (charities relief); Schedule 19 (open-ended investment company reliefs); Schedule 20 (relief for acquisitions by public bodies and health bodies); Schedule 21 (compulsory purchase relief and planning obligation relief); Schedule 21A (relief for special tax sites); Schedule 22 (miscellaneous reliefs). 2 The following provisions of this Act provide relief from tax for certain land transactions (and accordingly if relief is claimed such transactions are not chargeable transactions)— paragraphs 18(2) and 19(2) of Schedule 2 (relief for notional transactions associated with assignments of rights and relief for certain subsales); paragraph 1 of Schedule 9 (sale and leaseback relief); paragraphs 2 and 3 of Schedule 10 (relief for certain alternative property finance transactions); paragraphs 13(1) and 15(1) of Schedule 11 (relief for certain transactions relating to alternative finance investment bonds); paragraph 1 of Schedule 12 (relief for incorporation of limited liability partnership); paragraphs 2(1), 3(1), 4(1), 5(1), 6(1) and 7(1) of Schedule 14 (relief for certain acquisitions of dwellings); paragraph 4 of Schedule 15 (shared ownership leases: relief for certain reversions); paragraph 6(2) of that Schedule (shared ownership leases: relief for certain staircasing transactions); paragraph 13 of that Schedule (shared ownership trust relief: transfer upon termination); paragraph 14 of that Schedule (shared ownership trusts: relief for certain staircasing transactions); paragraph 19(1) of that Schedule (relief for certain acquisitions by social housing providers); paragraph 2(1) of Schedule 16 (group relief); paragraph 2(1) of Schedule 17 (reconstruction relief); paragraphs 3(1) and 5 of Schedule 18 (charities relief); paragraphs 1(1) and 2(1) of Schedule 19 (open-ended investment companies relief); paragraphs 1(1) and 2 of Schedule 20 (relief for acquisitions by public bodies and health bodies); paragraphs 1(1) and 2(1) of Schedule 21 (compulsory purchase relief and planning obligation relief); paragraph 6 of Schedule 21A (relief for special tax sites); Schedule 22 (miscellaneous reliefs). 3 The following provisions of this Act provide relief for certain chargeable transactions in the manner specified in the respective provision— paragraph 19(3) of Schedule 2 (partial relief for certain subsales); Schedule 13 (relief for acquisitions involving multiple dwellings); paragraphs 2(3), 3(4), 4(4), 5(3), 6(4) and 7(3) of Schedule 14 (partial relief for certain acquisitions of dwellings which exceed the permitted area); paragraph 10 of that Schedule (relief for transactions entered into by persons exercising collective rights); paragraph 2 of Schedule 15 (relief relating to contingent consideration in the case of a transaction subject to a public sector discount ); paragraph 3 of that Schedule (shared ownership leases: election for consideration to be taken to be market value); paragraph 5 of that Schedule (shared ownership leases where staircasing allowed: election for consideration to be based on open market value); paragraph 12 of that Schedule (shared ownership trusts: election for consideration to be taken to be market value); Part 3 of Schedule 17 (acquisition relief); paragraphs 6 and 8 of Schedule 18 (partial charities relief in certain circumstances); paragraph 7 of Schedule 21A (partial relief for special tax sites). 4 Any relief under the any of the provisions mentioned in subsections (2) and (3) (other than relief under paragraph 3 of Schedule 22 (visiting forces and international military headquarters reliefs)) must be claimed in the first return made in relation to the land transaction, or in an amendment of that return. 5 Relief under paragraph 3 of Schedule 22— a may be claimed in the return for the land transaction, or in an amendment of that return, or b if not claimed in the return or amended return and the period allowed for amendment of the return has ended, may be claimed by making a claim for repayment of any amount of tax overpaid (see Chapter 7 of Part 3 of TCMA), and section 78 of TCMA (time limit for making claims) does not apply to a claim for relief under paragraph 3 of Schedule 22. 6 The Welsh Ministers may by regulations amend this Act so as to— a add a relief; b modify a relief; c remove a relief; d modify section 31. Reliefs: anti-avoidance 31 1 Relief is not available under any of the provisions mentioned in subsection (2) or (3) of section 30 in respect of a land transaction— a which is a tax avoidance arrangement, or b which forms part of arrangements which are tax avoidance arrangements. 2 An arrangement is a ““tax avoidance arrangement”” if— a the obtaining of a tax advantage for any person is the main purpose, or one of the main purposes, of the buyer in the land transaction entering into the arrangement, and b the arrangement lacks genuine economic or commercial substance other than the obtaining of a tax advantage. 3 In this section— “ "arrangement” ” (“ " trefniant ”") includes any transaction, scheme, agreement, grant, understanding, promise, undertaking or series of any of those things (whether or not legally enforceable); “ "tax” ” (“ " treth ”") means land transaction tax, income tax, corporation tax, capital gains tax, stamp duty land tax, stamp duty reserve tax or stamp duty; “ "tax advantage” ” (“ " mantais drethiannol ”") means— relief or increased relief from tax, repayment or increased repayment of tax, avoidance or reduction of a charge to tax, or deferral of a payment of tax or advancement of a repayment of tax. PART 4 LEASES Leases 32 1 In this Act, “ "lease” ” means— a an interest or right in or over land for a term of years (whether fixed or periodic), or b any other interest or right in or over land terminable by a period of notice or by notice at any time (other than a tenancy at will, being an exempt interest by virtue of section 5(1)(c)). 2 Schedule 6 makes further provision about leases. PART 5 APPLICATION OF ACT AND TCMA TO CERTAIN PERSONS AND BODIES Companies 33 1 In this Act, ““company””, except as otherwise provided, means any body corporate or unincorporated association, but does not include a partnership. 2 Everything to be done by a company under this Act, or under TCMA as it applies in relation to land transaction tax, is to be done by the company acting through— a the proper officer of the company, or b another person having for the time being the express, implied or apparent authority of the company to act on its behalf for the purpose. 3 Subsection (2)(b) does not apply where a liquidator has been appointed for the company. 4 For the purposes of this Act, and TCMA as it applies in relation to land transaction tax— a the proper officer of a body corporate is the secretary, or person acting as secretary, of the body, and b the proper officer of an unincorporated association, or of a body corporate that does not have a proper officer within paragraph (a), is the treasurer, or person acting as treasurer, of the association or body. 5 Subsection (4) does not apply if a liquidator or administrator has been appointed for the company. 6 If a liquidator or administrator has been appointed for the company, then— a the liquidator or the administrator is the proper officer, and b if two or more persons are appointed to act jointly or concurrently as the administrator of the company, the proper officer is— i such one of them as is specified in a notice given to WRA by those persons for the purposes of this section, or ii where WRA is not so notified, such one or more of those persons as WRA may designate as the proper officer for those purposes. 7 The Welsh Ministers may by regulations make further provision about the application of this Act, and TCMA as it applies in relation to land transaction tax, to companies or a description of company specified in the regulations. 8 Regulations under subsection (7) may (among other things) amend or repeal any provision of this Act or TCMA. Unit trust schemes 34 1 This Act (with the exception of the provisions mentioned in subsection (8)), and TCMA as it applies in relation to land transaction tax, apply in relation to a unit trust scheme as if— a the trustees were a company, and b the rights of the unit holders were shares in the company. 2 Each of the parts of an umbrella scheme is to be regarded as a separate unit trust scheme and the scheme as a whole is not so regarded. 3 In this section and section 35, an “ "umbrella scheme” ” means a unit trust scheme— a that provides arrangements for separate pooling of the contributions of participants and the profits or income out of which payments are to be made for them, and b under which the participants are entitled to exchange rights in one pool for rights in another. 4 A ““part”” of an umbrella scheme means such of the arrangements as relate to a separate pool. 5 In this Act, subject to any regulations under subsection (6)— “ "unit trust scheme” ” (“ " cynllun ymddiriedolaeth unedau ”") has the same meaning as in the Financial Services and Markets Act 2000 (c. 8) (see section 237 of that Act), and “ "unit holder” ” (“ " deiliad unedau ”") means a participant in a unit trust scheme. 6 The Welsh Ministers may by regulations provide that a scheme of a description specified in the regulations is to be treated as not being a unit trust scheme for the purposes of this Act, and TCMA as it applies in relation to land transaction tax. 7 Section 620 of the Corporation Tax Act 2010 (c. 4) (court investment funds treated as authorised unit trusts) applies for the purposes of this Act as it applies for the purposes of that Act, but as if references to an authorised unit trust were references to a unit trust scheme. 8 A unit trust scheme is not to be treated as a company for the purposes of Schedules 16 (group relief) and 17 (reconstruction relief or acquisition relief). Open-ended investment companies 35 1 The Welsh Ministers may by regulations make such provision as they consider appropriate for securing that the provisions of this Act and TCMA have effect in relation to— a open-ended investment companies of such description as may be specified in the regulations, and b transactions involving such companies, in a manner corresponding, subject to such modifications as the Welsh Ministers consider appropriate, to the manner in which they have effect in relation to unit trust schemes and transactions involving such unit trust schemes. 2 Regulations under subsection (1) may in particular make provision— a modifying the operation of any provision specified in the regulations in relation to open-ended investment companies so as to secure that arrangements for treating the assets of such a company as assets comprised in separate pools are given an effect corresponding to that of equivalent arrangements constituting the separate parts of an umbrella scheme; b treating the separate parts of the undertaking of an open-ended investment company in relation to which such provision is made as distinct companies for the purposes of this Act, and TCMA as it applies in relation to land transaction tax. 3 In this section, “ "open-ended investment company” ” has the meaning given by section 236 of the Financial Services and Markets Act 2000 (c. 8). Co-ownership authorised contractual schemes 36 1 This Act (with the exception of the provisions mentioned in subsection (9)), and TCMA as it applies in relation to land transaction tax, apply in relation to a co-ownership authorised contractual scheme as if— a the scheme were a company, and b the rights of the participants were shares in the company. 2 An “ "umbrella COACS” ” means a co-ownership authorised contractual scheme— a whose arrangements provide for separate pooling of the contributions of the participants and the profits or income out of which payments are made to them (““pooling arrangements””), and b under which the participants are entitled to exchange rights in one pool for rights in another. 3 A “ "sub-scheme” ”, in relation to an umbrella COACS, means such of the pooling arrangements as relate to a separate pool. 4 Each of the sub-schemes of an umbrella COACS is to be regarded as a separate co-ownership authorised contractual scheme, and the umbrella COACS as a whole is not so regarded. 5 In relation to a sub-scheme of an umbrella COACS— a references to chargeable interests are references to such of the chargeable interests as, under the pooling arrangements, form part of the separate pool to which the sub-scheme relates, and b references to the scheme documents are references to such parts of the documents as apply to the sub-scheme. 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Subject to any regulations under subsection (8)— “ "co-ownership authorised contractual scheme” ” (“ " cynllun contractiol awdurdodedig cyfberchnogaeth ”") means a co-ownership scheme which is authorised for the purposes of the Financial Services and Markets Act 2000 (c. 8) by an authorisation order in force under section 261D(1) of that Act; “ "co-ownership scheme” ” (“ " cynllun cyfberchnogaeth ”") has the same meaning as in the Financial Services and Markets Act 2000 (c. 8) (see section 235A of that Act). 8 The Welsh Ministers may by regulations provide that a scheme of a description specified in the regulations is to be treated as not being a co-ownership authorised contractual scheme for the purposes of this Act, and TCMA as it applies in relation to land transaction tax. 9 A co-ownership authorised contractual scheme is not to be treated as a company for the purposes of Schedules 16 (group relief) and 17 (reconstruction relief or acquisition relief). 10 Anything required or authorised to be done under this Act or TCMA by or in relation to the buyer in a land transaction is to be done by or in relation to the operator of a co-ownership authorised contractual scheme; and accordingly section 33(2) to (6) does not apply in relation to a scheme to which this section applies. 11 But where the operator of the scheme is a body corporate, section 33(2) to (6) applies in relation to the operator, with the references to a company in those subsections having effect as though they were references to the operator. 12 In this section— ... “ "operator” ” (“ " gweithredwr ”") ... in relation to a co-ownership authorised contractual scheme constituted under the law of the United Kingdom, has the meaning given by section 237(2) of the Financial Services and Markets Act 2000 (c. 8) ... ... “ "participant” ” (“ " cyfranogwr ”") is to be read in accordance with section 235 of the Financial Services and Markets Act 2000 (c. 8). Joint buyers: general rules 37 1 This section and sections 38 to 40 apply to a land transaction where there are two or more buyers who are or will be jointly entitled to the interest acquired. 2 The general rules are that— a any obligation of the buyer under this Act or TCMA in relation to the transaction is an obligation of the buyers jointly but may be discharged by any of them, b anything required or authorised by this Act or TCMA to be done in relation to the buyer must be done in relation to all of them, c anything authorised by this Act or TCMA to be done by the buyer must be done by all of them, and d any liability of the buyer under this Act or TCMA in relation to the transaction (in particular, any liability arising by virtue of the failure to fulfil an obligation within paragraph (a)) is a joint and several liability of the buyers. 3 These general rules are subject to provision made in sections 38 to 40. 4 This section and sections 38 to 40 have effect subject to— a the provisions of Schedule 7 relating to partnerships, and b the provisions of Schedule 8 relating to trustees. Joint buyers: returns and declarations 38 1 If the transaction is a notifiable transaction, a single return is required. 2 The declaration required by section 53 (declaration that return is complete and correct) must be made by all the buyers. Joint buyers: enquiries and assessments 39 1 If WRA issues a notice of enquiry under section 43 of TCMA into a return— a the notice must be issued to each of the buyers whose identity is known to WRA; b the powers of WRA under Part 4 of TCMA to require information and documents for the purposes of the enquiry are exercisable separately (and differently) in relation to each of the buyers; c any closure notice under section 50 of TCMA must be issued to each of the buyers whose identity is known to WRA; d any of the buyers may apply under section 51 of TCMA for a direction that a closure notice be issued (and all of them are entitled to be parties to the application). 2 A WRA determination under section 52 of TCMA relating to the transaction must be made against all the buyers and is not effective against any of them unless notice of it is issued under that section to each of them whose identity is known to WRA. 3 A WRA assessment under section 54 or 55 of TCMA relating to the transaction must be made in respect of all the buyers and is not effective in respect of any of them unless notice of it is issued under section 61 of TCMA to each of them whose identity is known to WRA. Joint buyers: appeals and reviews 40 1 The agreement of all the buyers is required if a settlement agreement relating to the transaction is to be entered into under section 184 of TCMA. 2 A notice of request under section 173 of TCMA may be given by any of the buyers. 3 Where WRA undertakes a review of an appealable decision relating to the transaction following such a request made by some (but not all) of the buyers— a notice of the review must be issued by WRA to each of the other buyers whose identity is known to WRA; b any of the other buyers may be a party to the review if they notify WRA in writing; c notice of WRA's conclusions under section 176(5), (6) or (7) of TCMA must be issued to each of the buyers whose identity is known to WRA; d section 177 of TCMA (effect of conclusions of review) applies in relation to all of the buyers. 4 In the case of an appeal under Part 8 of TCMA relating to the transaction— a the appeal may be brought by any of the buyers; b notice of the appeal must be issued by WRA to each of the buyers who are not bringing the appeal and whose identity is known to WRA; c any of the buyers are entitled to be parties to the appeal; d the tribunal's determination under section 181 of TCMA binds all the buyers. Partnerships 41 1 Schedule 7 makes provision about the application of this Act and TCMA in relation to partnerships. 2 The Welsh Ministers may by regulations amend Schedule 7. Trusts 42 1 Schedule 8 makes provision about the application of this Act and TCMA in relation to trusts. 2 The Welsh Ministers may by regulations amend Schedule 8. Persons acting in a representative capacity 43 1 The personal representatives of a person who is the buyer in a land transaction— a are responsible for discharging any obligation of the buyer under this Act or TCMA in relation to the transaction, and b may deduct any payment made by them under this Act or TCMA out of the assets and effects of the deceased person. 2 A receiver appointed by a court in the United Kingdom having the direction and control of any property is responsible for discharging any obligations under this Act or TCMA in relation to a transaction affecting that property as if the property were not under the direction and control of the court. PART 6 RETURNS AND PAYMENTS CHAPTER 1 RETURNS Duty to make return Duty to make a return 44 1 The buyer in a notifiable land transaction must make a return to WRA. 2 A return made under this section must— a be made before the end of the period of 30 days beginning with the day after the effective date of the transaction, and b if the transaction is a chargeable transaction, include a self-assessment. 3 In this Act, “ "self-assessment” ” in relation to a return, means an assessment of the amount of tax that, on the basis of the information contained in that return, is chargeable in respect of the transaction. Notifiable transactions Notifiable transactions 45 1 For the purposes of this Act, a land transaction is notifiable if it is— a an acquisition of a major interest in land (see section 68) that does not fall within one of the exceptions listed in section 46, b an acquisition of a chargeable interest, other than a major interest in land, if— i it is not exempt from charge as provided for in Schedule 3, and ii tax is chargeable at a rate of more than 0%, or would be so chargeable but for a relief listed in section 30, in respect of any part of the chargeable consideration for the transaction, c a land transaction that a person is treated as entering into by virtue of section 11(3)(contract providing for transfer to third party), or d a notional or additional notional land transaction within the meaning given in paragraph 8(1) and (3) of Schedule 2. 2 This section has effect subject to— a section 10(5) (contract and transfer), b paragraph 18(5) of Schedule 4 (arrangements involving public or educational bodies), c paragraph 44(1) of Schedule 7 (transfer of partnership interest), and d paragraph 2(6) of Schedule 10 (alternative property finance). Exceptions for certain acquisitions of major interests in land 46 1 The exceptions referred to in section 45 are as follows. 2 A transaction which is exempt from charge as provided for in Schedule 3. 3 An acquisition other than the grant, assignment or surrender of a lease where the chargeable consideration, together with the chargeable consideration for any linked transactions, is less than £40,000. 4 The grant of a lease for a term of less than 7 years, where the chargeable consideration does not exceed the zero rate threshold. 5 The assignment or surrender of a lease where— a the lease was originally granted for a term of less than 7 years, and b the chargeable consideration for the assignment or surrender does not exceed the zero rate threshold. 6 The grant of a lease for a term of 7 years or more where— a the chargeable consideration other than rent is less than £40,000, and b the relevant rent is less than £1,000. 7 The assignment or surrender of a lease where— a the lease was originally granted for a term of 7 years or more, and b the chargeable consideration for the assignment or surrender is less than £40,000. 8 Chargeable consideration for an acquisition exceeds the zero rate threshold if it includes — a any amount in respect of which tax is chargeable at a rate of more than 0%, or b any amount in respect of which tax would be so chargeable but for a relief listed in section 30(2) or (3). 9 In subsection (6), “ "relevant rent” ” means— a the annual rent (as defined in paragraph 36(2) of Schedule 6), or b in the case of the grant of a lease to which paragraph 31 of Schedule 7 applies, the relevant chargeable proportion of the annual rent (as calculated in accordance with that paragraph). 10 The Welsh Ministers may by regulations amend subsection (3), (6) or (7) so as to substitute for an amount for the time being specified there a different amount. Adjustments Contingency ceases or consideration is ascertained: duty to make return 47 1 The buyer in a land transaction must make a return to WRA if— a section 19 or 20 (contingent, uncertain or unascertained consideration) applies in relation to the transaction, or to any transaction in relation to which the transaction is a linked transaction, b an event mentioned in subsection (2) occurs, and c the effect of the event is that— i the transaction becomes notifiable, ii additional tax is payable in respect of the transaction, or iii tax is payable in respect of the transaction where none was payable. 2 The events are— a in the case of contingent consideration, the contingency occurs or it becomes clear that it will not occur, or b in the case of uncertain or unascertained consideration, an amount relevant to the calculation of the consideration, or any instalment of consideration, becomes ascertained. 3 A return made under this section must— a be made before the end of the period of 30 days beginning with the day after the day on which the event mentioned in subsection (2) occurred, and b include a self-assessment. 4 Despite section 157(3) of TCMA (late payment interest), the late payment interest start date in relation to an amount— a stated in a return made under this section as the tax payable, b payable as a result of an amendment or correction to such a return, c payable as a result of an assessment made in addition to such a return, or d payable as a result of a determination or an assessment made in place of such a return, is the day after the end of the period of 30 days beginning with the day after the effective date of the transaction (and Chapter 1 of Part 6 of that Act is to be read accordingly). 5 The Welsh Ministers may by regulations amend subsection (4) so as to substitute for the period for the time being specified there, a different period. 6 This section does not apply in so far as the chargeable consideration consists of— a rent (see Schedule 6); b an annuity to which section 21 applies. Contingency ceases or consideration ascertained: repayment of tax 48 1 Subsection (2) applies in relation to a land transaction if— a section 19 or 20 (contingent, uncertain or unascertained consideration) applies in relation to the transaction, or to any transaction in relation to which the transaction is a linked transaction, b an event mentioned in section 47(2) occurs (“ "the relevant event” ”), and c the effect of the relevant event is that there is less tax payable in respect of the transaction than the buyer has already paid in accordance with the return made for the transaction (““the land transaction return””). 2 In order to obtain a repayment of the amount of tax overpaid, the buyer in the land transaction may— a within the period allowed for amendment of the land transaction return, amend the return accordingly (see section 41 of TCMA); b after the end of that period (if the return is not so amended), make a claim for repayment of the amount overpaid in accordance with Chapter 7 of Part 3 of TCMA as modified by subsection (3). 3 In its application to a claim to which subsection (2)(b) applies, Chapter 7 of Part 3 of TCMA applies as if for section 78 there were substituted— Time limit for making claims 78 A claim under section 63 to which section 48(2)(b) of LTTA applies must be made before the later of the end of— a the period of 4 years beginning with the day after the filing date for the tax return to which the land transaction tax already paid relates, or b the period of 12 months beginning with the relevant event (within the meaning given in section 48(1)(b) of LTTA). 4 But where the transaction (““the relevant transaction””) is the grant or assignment of a lease, no claim may be made under subsection (2)— a in respect of the repayment (in whole or in part) of any loan or deposit that is treated by virtue of paragraph 19 of Schedule 6 as being consideration given for the relevant transaction, or b in respect of the refund of any of the consideration given for the relevant transaction, in a case where the refund— i is made under arrangements that were made in connection with the relevant transaction, and ii is contingent on the termination or assignment of the lease or on the grant of a chargeable interest out of the lease. 5 This section does not apply— a so far as the consideration consists of rent (see Schedule 6); b where section 21 (annuities) applies. Further return where relief is withdrawn 49 1 The buyer in a land transaction must make a further return to WRA if relief is withdrawn to any extent under— a Schedule 11 (alternative finance investment bonds); b Schedule 14 (relief for certain acquisitions of residential property); c Schedule 16 (group relief); d Schedule 17 (reconstruction or acquisition relief); e Schedule 18 (charities relief); f Schedule 21A (relief for special tax sites). 2 A return made under this section must— a be made before the end of the period of 30 days beginning with the day after the day on which the disqualifying event occurred, and b include a self-assessment. 3 The disqualifying event is— a in relation to the withdrawal of relief under Schedule 11, an event mentioned in paragraph 14 of that Schedule; b in relation to the withdrawal of relief for certain acquisitions of residential property under Schedule 14, an event mentioned in paragraph 8(1), (3) or (4) of that Schedule; c in relation to the withdrawal of group relief under Schedule 16, the buyer ceasing to be a member of the same group as the seller within the meaning of that Schedule; d in relation to the withdrawal of reconstruction relief or acquisition relief under Schedule 17, an event mentioned in paragraph 5(2) or 7(2) or (3) of that Schedule; e in relation to the withdrawal of charities relief under Schedule 18, a disqualifying event as defined in paragraph 2(4), 5(2) or 8(2) of that Schedule; f in relation to the withdrawal of relief for special tax sites under Schedule 21A, the last day in the control period on which the qualifying land ceases to be used exclusively in a qualifying manner in circumstances where the exceptions in sub-paragraphs (3), (4) and (5) of paragraph 10 of that Schedule do not apply. 3A In subsection (3)(f), “control period”, “qualifying land” and “qualifying manner” are to be interpreted in accordance with Schedule 21A. 4 Despite section 157(3) of TCMA (late payment interest), the late payment interest start date in relation to an amount— a stated in a return made under subsection (1)(a) as the tax payable, b payable as a result of an amendment or correction to such a return, c payable as a result of an assessment made in addition to such a return, or d payable as a result of a determination or an assessment made in place of such a return, is the day after the end of the period of 30 days beginning with the day after the effective date of the first transaction (and Chapter 1 of Part 6 of that Act is to be read accordingly). 5 The Welsh Ministers may by regulations amend subsection (4) so as to substitute for the period for the time being specified there, a different period. Single return in respect of linked transactions with same effective date 50 1 Wherethere are two or more linked transactions with the same effective date the buyer, or all of the buyers if there is more than one, may make a single return as if all of those transactions were a single notifiable transaction. 2 Where two or more buyers make a single return in respect of linked transactions, sections 37 to 40 apply as if— a the transactions in question were a single transaction, and b those buyers were buyers acting jointly. Return as a result of later linked transaction 51 1 This section applies where the effect of a transaction (““the later transaction””) that is linked to an earlier transaction is that— a the earlier transaction becomes notifiable, b additional tax is chargeable in respect of the earlier transaction, or c tax is chargeable in respect of the earlier transaction where none was chargeable before. 2 The buyer in the earlier transaction must make a return in respect of that transaction. 3 A return made under this section must— a be made before the end of the period of 30 days beginning with the day after the effective date of the later transaction, and b include a self-assessment. 4 This section does not affect any requirement to make a return in respect of the later transaction. Power to amend period in which returns must be made 52 1 The Welsh Ministers may by regulations amend a provision listed in subsection (2) so as to substitute for the period for the time being specified there, a different period. 2 The provisions are— a section 44(2)(a); b section 47(3)(a); c section 49(2)(a); d section 51(3)(a); e paragraph 24(4)(a) of Schedule 5; f paragraph 3(4) of Schedule 6; g paragraph 5(5) of that Schedule; h paragraph 13(1) of that Schedule. Declarations Declaration 53 1 A return under this Act must include a declaration by the buyer that the return is, to the best of the buyer's knowledge, correct and complete. 2 But where— a the buyer authorises an agent to complete the return, b the buyer makes a declaration that, with the exception of the relevant date, the information provided in the return is to the best of the buyer's knowledge, correct and complete, and c the return includes a declaration by the agent that the relevant date provided in the return is to the best of the agent's knowledge correct, the requirement in subsection (1) is deemed to be met. 3 The relevant date is— a in relation to a return under section 47, the date of the event as a result of which the return is required, b in relation to a return under section 49, the date on which the disqualifying event occurred, c in relation to a return under section 51, the effective date of the later transaction, d in relation to a return under paragraph 24 of Schedule 5, the date on which the interim period that applies in accordance with paragraph 9(5) or 18(5) of that Schedule ended, and e in relation to a return made under any other provision of this Act, the effective date of the transaction. 4 Nothing in subsection (2) affects the liability of the buyer under this Act or TCMA. Buyer with a disability: declaration by the Official Solicitor 54 1 Where— a a buyer in a land transaction is disabled, b the Official Solicitor is acting for that buyer, and c the return includes a declaration by the Official Solicitor that the return is to best of the Official Solicitor's knowledge correct and complete, the requirement in section 53 is deemed to be met. 2 Nothing in this section affects the liability of the buyer under this Act or TCMA. 3 For the purposes of this section, a person is disabled if they have a disability for the purposes of the Equality Act 2010 (c. 15). 4 In this section, the “ "Official Solicitor” ” means the Official Solicitor to the Senior Courts. Declaration by person authorised to act on behalf of individual 55 1 This section applies to a declaration mentioned in section 53 that a return is correct and complete. 2 Where the buyer is an individual, the requirement that the buyer make such a declaration (alone or jointly with others) is treated as met if a declaration to that effect is made by a person authorised to act on behalf of that individual in relation to the matters to which the return or certificate relates. 3 For the purposes of this section a person (““P””) is not regarded as authorised to act on behalf of an individual unless P is so authorised by a power of attorney in writing, signed by that individual. 4 This section does not apply where an individual is acting in accordance with section 33 (persons through whom a company acts)— a as the proper officer of a company, or b otherwise on behalf of a company. CHAPTER 2 LIABILITY FOR AND PAYMENT OF TAX Liability for tax Liability for tax 56 1 The buyer in a chargeable transaction must pay the tax in respect of that transaction and accordingly the buyer is chargeable to the tax for the purposes of TCMA. 2 As to the liability of buyers acting jointly, see— a sections 37 to 40 (joint buyers), b Schedule 7 (partnerships), and c Schedule 8 (trusts). Payment of tax Payment of tax 57 1 Where a buyer in a land transaction makes a return, the buyer must pay any amount, or any additional amount, of tax payable not later than the filing date for the return. 2 Where a buyer in a land transaction amends a return in respect of that transaction, the buyer must pay any amount, or any additional amount, of tax payable as a result of that amendment— a if the amendment is made by the filing date for that return, not later than that date, and b if the amendment is made after the filing date for the return, when the buyer gives notice of the amendment to WRA. 3 But see Chapter 3 (deferral of tax). CHAPTER 3 DEFERRAL OF TAX Deferral requests in cases of contingent or uncertain consideration 58 1 A buyer in a land transaction where the whole or part of the chargeable consideration is contingent or uncertain (see sections 19 and 20) may give notice to WRA (““a deferral request””) requesting that payment of an amount of tax payable stated in the first return relating to the transaction (““the requested amount””) be deferred. 2 But the requested amount may not exceed the deferrable amount (see section 59). 3 WRA must agree to a deferral request if— a the return and the deferral request are made on or before the filing date for that return, b the request— i specifies the requested amount to be deferred, ii sets out the calculation of the requested amount carried out in accordance with section 59 (including the amount of consideration falling within step 2 of that calculation (““the deferred consideration””)), iii sets out the reasons why the deferred consideration is contingent or uncertain and the reasons why it falls to be paid or provided on one or more future dates of which at least one will or may fall more than 6 months after the effective date of the transaction, iv proposes an expected end date of the deferral period (see subsection (8)), and v contains any other information as may be required by virtue of section 191 of TCMA (giving notices to WRA), c WRA is satisfied that the requested amount does not exceed the deferrable amount calculated in accordance with section 59, and d the land transaction is not a tax avoidance arrangement nor forms part of arrangements which are tax avoidance arrangements. 4 Otherwise WRA must refuse a deferral request (but see subsections (5) and (6)). 5 But if WRA thinks that the requested amount exceeds the deferrable amount it may nevertheless grant the deferral request in relation to so much of the requested amount as does not exceed the deferrable amount. 6 When agreeing to a deferral request WRA— a must determine the amount of tax it agrees to defer (the ““deferred amount””); b must determine the expected end date of the deferral period (that may be different to the expected end date proposed by the buyer) (see subsection (8)); c may impose such conditions (including conditions requiring the buyer to make payments of part of the deferred amount at specified times during the deferral period) as WRA thinks appropriate. 7 In this section, “ "tax avoidance arrangement” ” has the same meaning as in section 31. 8 In this Chapter— a “ "deferral period” ” means the period beginning with the filing date for the return referred to in subsection (1) and ending on the earlier of— i the expected end date, or ii the date on which an event mentioned in subsection (9) occurs in relation to the deferred consideration; b “ "expected end date” ” means— i the date on which an event mentioned in subsection (9) is expected to occur in relation to the deferred consideration, or ii if that date cannot be predicted, the fifth anniversary of the effective date of the transaction (or, where the expected end date is changed under section 62, the fifth anniversary of the previous expected end date). 9 The events are— a where the deferred consideration is contingent, the date on which contingency occurs or it becomes clear that it will not occur; b where the deferred consideration is uncertain, the date on which the consideration becomes ascertained. Calculation of deferrable amount 59 The deferrable amount in respect of a land transaction to which section 58(1) applies is to be calculated as follows. Step 1 Calculate the amount of tax chargeable in respect of the land transaction in accordance with section 27 or 28. Step 2 Determine the amount or value of chargeable consideration for the land transaction that— has not already been paid or provided, is contingent or uncertain (see sections 19 and 20), does not consist of— rent (within the meaning given in Schedule 6), or an annuity to which section 21 applies, and falls to be paid or provided on one or more future dates of which at least one will or may fall more than 6 months after the effective date of the transaction. That amount or value of consideration is the deferred consideration. Step 3 Calculate (in accordance with section 27 or 28) the amount of tax that would have been chargeable in respect of the land transaction had the chargeable consideration for the transaction been reduced by the amount or value of the deferred consideration. Step 4 Deduct the amount of tax calculated under step 3 from the amount calculated under step 1. The remaining amount of tax is the deferrable amount. Deferral requests: notices of WRA decisions 60 1 Where WRA agrees to a deferral request, it must issue a notice to the buyer specifying— a the deferred amount and, if any, the refused amount, b the expected end date of the deferral period, c any condition WRA has imposed under section 58(6)(c), and d if the deferred amount is lower than the proposed deferred amount, the reasons for that decision. 2 Where WRA refuses a deferral request, it must issue a notice to the buyer specifying the reasons for the refusal. Deferral requests: effect of WRA's decision 61 1 Where WRA agrees to a deferral request— a the buyer must pay the deferred amount before the end of the day following the date on which the deferral period ends (despite section 57), and b despite section 157(3) of TCMA, the late payment interest start date in relation to the deferred amount is the date following the date on which the deferred amount is required to be paid (and Chapter 1 of Part 6 of TCMA is to be read accordingly). 2 Where WRA refuses a deferral request (or agrees to a request but agrees a deferred amount which is lower than the requested amount)— a the amount of tax which WRA has refused to defer (““the refused amount””) is required to be paid by the end of the later of— i the date on which the buyer receives notice of WRA's decision, or ii the date on which the amount would otherwise be required to be paid in accordance with section 57, and b the late payment interest start date for the refused amount is the later of— i the day after the date on which the refused amount is required to be paid, or ii the date which would otherwise be specified under section 157(3) of TCMA as the late payment interest start date in relation to that amount. 3 See sections 47 and 48 for provision about cases where the amount of tax payable changes as a result of— a a contingency occurring or not occurring, or b uncertain consideration becoming ascertained. Variation of deferral requests 62 1 Where WRA has agreed to a deferral request, the buyer may give notice to WRA requesting— a a change to the expected end date; b variation or removal of a condition imposed under section 58(6)(c). 2 A request under subsection (1) must specify the change in circumstances which the buyer thinks justifies the change, variation or removal. 3 If WRA thinks it appropriate to do so, it may— a agree to the request made under subsection (1), or b agree to— i a different expected end date than that requested under subsection (1)(a); ii a different variation of a condition than that requested under subsection (1)(b). 4 Where WRA makes a decision under this section it must issue a notice to the buyer setting out the decision and the reasons for it. Failure to comply with WRA's agreement to defer 63 1 If WRA thinks that the buyer— a has failed to comply with a condition imposed under section 58(6)(c) or varied under section 62, or b has, in relation to the deferral request or a request made under section 62(1)— i provided false or misleading information, or ii withheld information, the deferral request is to be treated as if it had never been made (and section 57 of this Act and section 157 of TCMA apply accordingly). 2 In such a case WRA must issue a notice to the buyer stating that deferral request is to be treated as if it had never been made and setting out the consequences of that. Regulations about deferral of tax 64 1 The Welsh Ministers may by regulations— a make provision for the deferral of tax in cases where the deferred consideration consists of rent (within the meaning given in Schedule 6); b make provision applying this Chapter (with such modifications as may be specified in the regulations) to cases where the consideration to which a deferral request relates, or any element of that consideration, consists of— i the carrying out of works of construction, improvement or repair of a building or other works to enhance the value of land, or ii the provision of services (other than the carrying out of such works); c make provision for WRA to make variations under section 62 without the buyer giving notice of a request under subsection (1) of that section (whether by agreement with the buyer or by imposition). 2 Regulations under subsection (1) may make such modifications of this Act as the Welsh Ministers consider necessary or expedient. CHAPTER 4 REGISTRATION OF LAND TRANSACTIONS Registration of land transactions 65 1 The Chief Land Registrar (““the Registrar””) may not register, record or otherwise reflect in an entry made in the register of title maintained by the Registrar a notifiable land transaction or a document effecting or evidencing such a transaction unless a WRA certificate is produced with the application to register, record or otherwise reflect the transaction. 2 A ““WRA certificate”” is a certificate issued by WRA stating that a return has been made in respect of the transaction. 3 But subsection (1) does not apply in so far as— a the notifiable land transaction or a document effecting or evidencing that transaction is required to be registered, recorded or otherwise reflected in an entry made in the register of title without any application to register; b the entry registers, records or otherwise reflects an interest or right other than the chargeable interest acquired by the buyer in the land transaction. 4 This section does not apply to— a a contract which is to be treated as a land transaction by virtue of— i section 10(4) (contract and transfer), or ii section 11(3) (contract providing for transfer to third party); b a notional or additional notional transaction within the meaning given in Schedule 2; c an agreement for a lease which is to be treated as a land transaction by virtue of paragraph 20(1) of Schedule 6; d a variation of a lease which is to be treated as a land transaction by virtue of paragraph 24(1) or 25(1) of that Schedule. 5 The Welsh Ministers may by regulations make provision about WRA certificates. 6 Regulations made under subsection (5) may in particular— a make provision as to the conditions that must be met before a certificate is issued; b make provision about the issue of duplicate certificates; c provide for the issue of multiple certificates where a return is made relating to more than one transaction. 7 The Registrar— a must allow WRA to inspect any certificates produced under this section, and b may enter into arrangements for affording WRA other information and facilities for verifying that the requirements of this Act have been complied with. PART 7 GENERAL ANTI-AVOIDANCE RULE General anti-avoidance rule 66 After section 81 of TCMA (contract settlements), insert— PART 3A GENERAL ANTI-AVOIDANCE RULE Overview Meaning of ““general anti-avoidance rule”” and overview 81A 1 This Part makes provision for counteracting tax advantages arising from artificial tax avoidance arrangements, including provision— a about the meaning of ““tax avoidance arrangement””, ““artificial”” and ““tax advantage”” (sections 81B to 81D); b about WRA's power to make adjustments to counteract tax advantages and the steps to be taken by WRA in connection with such adjustments (sections 81E to 81G). 2 The rules in this Part are collectively to be known as “ "the general anti-avoidance rule” ”. Artificial tax avoidance arrangements Tax avoidance arrangements 81B 1 For the purposes of this Part, an arrangement is a ““tax avoidance arrangement”” if the obtaining of a tax advantage for any person is the main purpose, or one of the main purposes, of a taxpayer entering into the arrangement. 2 In determining whether the main purpose, or one of the main purposes, of an arrangement is the obtaining of a tax advantage regard may in particular be had to the amount of devolved tax that would have been chargeable in the absence of the arrangement. 3 In this Part— a an “ "arrangement” ” includes any transaction, scheme, action, operation, agreement, grant, understanding, promise, undertaking, event or any series of any of those things (whether legally enforceable or not); b references to an arrangement are to be read as including— i a series of arrangements, and ii any part or stage of an arrangement comprised of more than one part or stage; c “ "taxpayer” ” means a person liable to devolved tax or who would be liable but for the tax avoidance arrangement in question. Artificial tax avoidance arrangements 81C 1 For the purposes of this Part, a tax avoidance arrangement is ““artificial”” if the entering into or carrying out of it is not a reasonable course of action in relation to the provisions of Welsh tax legislation applying to the arrangements. 2 In determining whether the tax avoidance arrangement is artificial, regard may in particular be had— a to any genuine economic or commercial substance to the arrangement (other than the obtaining of a tax advantage); b as to whether the arrangement results in an amount of tax chargeable that it is reasonable to assume was not the anticipated result when the relevant provision of Welsh tax legislation was enacted. 3 But an arrangement is not artificial if, at the time it was entered into or carried out— a the arrangement was consistent with generally prevailing practice, and b WRA had indicated its acceptance of that practice. 4 Where a tax avoidance arrangement forms part of any other arrangements, regard must also be had to those other arrangements in determining whether the tax avoidance arrangement is artificial. 5 In this section, “ "Welsh tax legislation” ” means— a the Welsh Tax Acts, and b any subordinate legislation (within the meaning of section 21 of the Interpretation Act 1978 (c. 30)) made under those Acts. Meaning of ““tax”” and “tax advantage 81D For the purposes of this Part— “ "tax” ” (“ " treth ”") means any devolved tax; “ "tax advantage” ” (“ " mantais drethiannol ”") means— relief or increased relief from tax, repayment or increased repayment of tax, avoidance or reduction of a charge to tax, deferral of a payment of tax or advancement of a repayment of tax, and avoidance of an obligation to deduct or account for tax. Counteracting tax advantages Adjustments to counteract tax advantages 81E 1 WRA may make such adjustments as it considers just and reasonable to counteract a tax advantage that would (ignoring this Part) arise from an artificial tax avoidance arrangement. 2 An adjustment may be made in respect of the devolved tax in question or any other devolved tax. 3 An adjustment must be made— a where the adjustment relates to a tax return in respect of which an enquiry is in progress, by amending the return in a closure notice issued under section 50; b otherwise by means of a WRA assessment. 4 WRA may not make an adjustment unless it has complied with the requirements of sections 81F and 81G. Notice of proposed counteraction 81F 1 WRA may issue a notice (a ““proposed counteraction notice””) to a taxpayer if WRA considers— a that a tax advantage has arisen to a person from an artificial tax avoidance arrangement, and b that the tax advantage should be counteracted by means of an adjustment under section 81E. 2 A proposed counteraction notice must— a specify the tax avoidance arrangement and the tax advantage, b explain why WRA considers that a tax advantage has arisen from an artificial tax avoidance arrangement, c set out the adjustment that WRA proposes to make in order to counteract the tax advantage, d specify any amount that the taxpayer will be required to pay in accordance with the proposed WRA assessment, and e inform the taxpayer— i that a final counteraction notice is to be issued after the expiry of the period of 45 days beginning with the day on which the proposed counteraction notice is issued, ii that the taxpayer may request that WRA extend that 45 day period, and iii that the taxpayer may make written representations to WRA at any time before the final counteraction notice is issued. Final counteraction notice 81G 1 WRA must, after the expiry of the 45 day period mentioned in section 81F(2)(e)(i) or such longer period as WRA has agreed to, issue a notice (a ““final counteraction notice””) to the taxpayer. 2 A final counteraction notice must state whether the tax advantage arising from the tax avoidance arrangement is to be counteracted by means of an adjustment under section 81E. 3 In determining whether the tax advantage is to be counteracted WRA must have regard to any written representations made by the taxpayer. 4 If a final counteraction notice states that a tax advantage is to be counteracted by means of an adjustment the notice must also— a specify the adjustment required to give effect to the counteraction, b where the adjustment relates to a tax return in respect of which an enquiry is in progress, specify the amendment of the return which is to be included in the closure notice issued under section 50 when WRA reaches it conclusions in the enquiry, c where paragraph (b) does not apply— i be accompanied by the WRA assessment which gives effect to the adjustment, or ii where a WRA assessment giving effect to the adjustment has been made, specify that assessment, and d specify any amount that the taxpayer— i will be required to pay as a result of the amendment specified under paragraph (b), or ii is required to pay in accordance with the WRA assessment mentioned in paragraph (c). 5 If a final counteraction notice states that a tax advantage is not to be counteracted it must state the reasons for WRA's decision. Proceedings before a court or tribunal Proceedings in connection with the general anti-avoidance rule 81H In proceedings before a court or the tribunal in connection with the general anti-avoidance rule, it is for WRA to show— a that there is an artificial tax avoidance arrangement, and b that the adjustments made (or to be made) to counteract the tax advantage arising from the arrangement are just and reasonable. Commencement and transitional provision General anti-avoidance rule: commencement and transitional provision 81I 1 The general anti-avoidance rule has effect in relation to any tax avoidance arrangement entered into on or after the date on which this Part comes into force. 2 Where a tax avoidance arrangement forms part of any other arrangements entered into before that day, those other arrangements are to be ignored for the purposes of section 81C(4) unless the result of having regard to those other arrangements would be to determine that the tax avoidance arrangement was not artificial. PART 8 INTERPRETATION AND FINAL PROVISIONS Interpretation Meaning of tax 67 Except as otherwise provided, in this Act, “ "tax” ” means land transaction tax. Meaning of major interest in land 68 References in this Act to a ““major interest”” in land are to— a an estate in fee simple absolute, or b a term of years absolute, whether subsisting at law or in equity. Meaning of subject-matter and main subject-matter 69 Except as otherwise provided, references in this Act to the subject-matter of a land transaction are to the chargeable interest acquired (the ““main subject-matter””), together with any interest or right appurtenant or pertaining to it that is acquired with it. Meaning of market value 70 For the purposes of this Act, ““market value”” is to be determined as for the purposes of the Taxation of Chargeable Gains Act 1992 (c. 12) (see sections 272 to 274 of that Act). Meaning of effective date of transaction 71 Except as otherwise provided, the effective date of a land transaction for the purposes of this Act is the date of completion. Meaning of residential property 72 1 In this Act, “ "residential property” ” means— a a building that is used or suitable for use as one or more dwellings, or is in the process of being constructed or adapted for such use; b land that is or forms part of the garden or grounds of a building within paragraph (a) (including any building or structure on such land); c an interest in or right over land that subsists for the benefit of a building within paragraph (a) or of land within paragraph (b). 2 Accordingly, “ "non-residential property” ” means any property that is not residential property. 3 But see the rule in subsection (9) in the case of a transaction involving 6 or more dwellings. 4 For the purposes of subsection (1), a building used for any of the following purposes is used as a dwelling— a residential accommodation for school pupils; b residential accommodation for students, other than accommodation falling with subsection (5)(b); c residential accommodation for members of the armed forces; d an institution that is the sole or main residence of at least 90% of its residents and does not fall within any of paragraphs (a) to (f) of subsection (5). 5 For the purposes of subsection (1), a building used for any of the following purposes is not used as a dwelling— a a home or other institution providing residential accommodation for children; b a hall of residence for students in further or higher education; c a home or other institution providing residential accommodation with personal care for persons in need of personal care by reason of old age, disability, past or present dependence on alcohol or drugs or past or present mental disorder; d a hospital or hospice; e a prison or similar establishment; f a hotel or similar establishment. 6 Where a building is used for a purpose specified in subsection (5), no account is to be taken for the purposes of subsection (1)(a) of its suitability for any other use. 7 Where a building that is not in use is suitable for use for at least one of the purposes specified in subsection (4) and at least one of those specified in subsection (5)— a if there is one such use for which it is most suitable, or if the uses for which it is most suitable are all specified in the same subsection, no account is to be taken for the purposes of subsection (1)(a) of its suitability for any other use, b otherwise, the building is to be treated for those purposes as suitable for use as a dwelling. 8 In this section, “ "building” ” includes part of a building. 9 Where 6 or more dwellings are the subject of a single transaction involving the transfer of a major interest in, or the grant of a lease over, them, then, for the purposes of this Act as it applies in relation to that transaction, those dwellings are treated as being non-residential property. 10 The Welsh Ministers may by regulations amend this section. Meaning of dwelling 73 References in this Act to a ““dwelling”” are to residential property comprising a single dwelling. References to connected persons 74 1 Section 1122 of the Corporation Tax Act 2010 (c. 4) (connected persons) applies for the purposes of any reference in this Act to a person being connected with another person. 2 But see the particular provision made in the following provisions— a section 23(3)(b) (exceptions to deemed market value rule in transactions with connected companies); b paragraphs 16(2)(b) and 24(2)(b) of Schedule 7 (partnership transactions: determining the corresponding partners); c paragraph 51 of that Schedule (partnerships: application of section 1122 of the Corporation Tax Act 2010 (c. 4) to Schedule 7 generally); d paragraph 5(5) of Schedule 16 (group relief: joint venture companies); e paragraph 6(3) of that Schedule (group relief: mortgage arrangements). Other definitions 75 In this Act— “ "child” ” (“ " plentyn ”") means a person under the age of 18; “ "consumer prices index” ” (“ " mynegai prisiau defnyddwyr ”") means the all items consumer prices index published by the Statistics Board; “ "enactment” ” (“ " deddfiad ”") means an enactment (whenever enacted or made) which is, or is contained in— an Act of Parliament, an Act or a Measure of the National Assembly for Wales, or subordinate legislation (within the meaning of the Interpretation Act 1978 (c. 30)) made under— an Act of Parliament, or an Act or a Measure of the National Assembly for Wales; “ "land” ” (“ " tir ”") includes— buildings and structures; land covered by water; “ "registered social landlord” ” (“ " landlord cymdeithasol cofrestredig ”") means a body registered as a social landlord in a register maintained under section 1(1) of the Housing Act 1996 (c. 52); “ "retail prices index” ” (“ " mynegai prisiau manwerthu ”") means the United Kingdom General Index of Retail Prices published by the Statistics Board under section 21 of the Statistics and Registration Service Act 2007 (c. 18); “ "TCMA” ” (“ " DCRhT ”") means the Tax Collection and Management (Wales) Act 2016 (anaw 6); “ "Wales” ” (“ " Cymru ”") has the meaning given by section 158(1) of the Government of Wales Act 2006 (c. 32). Amendments to the Tax Collection and Management (Wales) Act 2016 Amendments to TCMA 76 Schedule 23 makes amendments to TCMA. Independent review Independent review of land transaction tax 77 1 The Welsh Ministers must make arrangements for an independent review of land transaction tax to be completed before the expiry of the period of 6 years beginning with the day on which this subsection comes into force. 2 Following the completion of the review, the Welsh Ministers must publish a report of it. 3 The arrangements mentioned in subsection (1) may include— a payment of expenses incurred by a person in carrying out (or assisting in carrying out) the review; b provision of assistance (including financial assistance) to such a person; c directing WRA to assist in carrying out the review. Final provisions Power to make consequential etc. provision 78 1 The Welsh Ministers may by regulations make such incidental, consequential, supplemental, transitional, transitory or saving provision as they think appropriate for the purposes of, or in connection with, or for giving full effect to, any provision made by or under this Act. 2 Regulations under this section may amend, revoke or repeal any enactment (including any provision made by or under this Act). 3 If a statutory instrument contains regulations under this section which the Welsh Ministers consider makes provision which may have the effect mentioned in subsection (4), the instrument may not be made unless a draft has been laid before, and approved by a resolution of, the National Assembly for Wales. 4 The effect is that, in respect of a land transaction— a the amount of tax chargeable is more than the amount which would be chargeable if the regulations are not made, or b tax is chargeable where none would be chargeable if the regulations are not made. Regulations 79 1 Any power to make regulations under this Act— a must be exercised by statutory instrument, and b includes power to make different provision for different purposes. 2 A statutory instrument containing regulations made under any of the following provisions may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales— a section 5(4) (exempt interests); b section 18(2) (chargeable consideration); c section 24(11) (higher rates residential property transactions); d section 30(6) (reliefs); e section 33(7) (companies); f section 34(6) (unit trusts); g section 35(1) (open-ended investment companies); h section 36(8) (co-ownership authorised contractual schemes); i section 41(2) (partnerships); j section 42(2) (trusts); k section 46(10) (thresholds for notifiable transactions); l section 47(5) (late payment interest start date); m section 49(5) (late payment interest start date); n section 52(1) (period within which returns must be made); o section 64(1) (regulations about deferral of tax); p section 72(10) (residential property); q paragraph 7 of Schedule 3 (exempt transactions); r paragraph 27(2) of Schedule 6 (charging tax on rent element of residential leases); s paragraph 32 of that Schedule (temporal discount rate for leases); t paragraph 36(1)(b) of that Schedule (specified amount of relevant rent); u paragraph 37 of that Schedule (power to amend or repeal paragraphs 34 to 36); v paragraph 6(7) of Schedule 13 (multiple dwellings relief: minimum percentage of tax attributable to dwellings); w paragraph 3 of Schedule 17 (acquisition relief: proportion of tax relieved). 3 Any other statutory instrument containing regulations made under this Act (except an instrument mentioned in subsection (4)) is subject to annulment in pursuance of a resolution of the National Assembly for Wales. 4 Subsection (3) does not apply to a statutory instrument containing any of the following— a regulations made under section 24(1) or paragraph 27(4) or 28(1) of Schedule 6 (regulations about tax rates and bands); b regulations made under section 78 to which subsection (3) of that section applies. Crown application 80 1 This Act binds the Crown. 2 But see paragraph 2 of Schedule 3 (which exempts land transactions from charge where the buyer is a specified Crown body). 3 And nothing in Chapter 2 of Part 6 (liability for and payment of tax) affects the operation of sections 8 and 9 of the Crown Private Estates Act 1862 (c. 37). 4 Subsection (1) does not make the Crown liable to prosecution for an offence. Coming into force 81 1 This Part (except section 76 and Schedule 23) comes into force on the day after the day on which this Act receives Royal Assent. 2 The remaining provisions of this Act come into force on such day as the Welsh Ministers may appoint by order made by statutory instrument. 3 An order under subsection (2) may appoint different days for different purposes. Short title 82 The short title of this Act is the Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017. SCHEDULE 1 OVERVIEW OF SCHEDULES (as introduced by section 1(2)) The Schedules to this Act are arranged as follows— a Schedules 2 to 4 comprise a group of Schedules which make provision related to the key concepts of land transaction tax— i Schedule 2 sets out how this Act applies to pre-completion transactions; ii Schedule 3 specifies certain transactions which are exempt from a charge to the tax; iii Schedule 4 makes detailed provision about what counts as chargeable consideration for a land transaction; b Schedule 5 makes provision about higher rates residential property transactions; c Schedule 6 makes provision about the application of this Act to leases; d Schedules 7 and 8 comprise a group of Schedules making provision about the application of this Act to certain entities, specifically partnerships (Schedule 7) and trusts (Schedule 8); e Schedules 9 to 22 comprise a group of Schedules which make provision about reliefs available from the tax; f Schedule 23 makes amendments to TCMA. SCHEDULE 2 PRE-COMPLETION TRANSACTIONS (as introduced by section 13) PART 1 INTRODUCTION AND KEY CONCEPTS Overview 1 1 This Schedule makes provision about the application of this Act (in particular section 10 (contract and transfer)) to pre-completion transactions (the meaning of which is set out in paragraph 3). 2 The Schedule is arranged as follows— a this Part makes introductory provisions setting out the circumstances where this Schedule applies (paragraph 2) and explaining the meaning of ““pre-completion transaction”” and other key terms referred to in the Schedule; b Part 2 sets out how this Act applies in cases where the pre-completion transaction is an assignment of rights (the meaning of which is set out in paragraph 6); c Part 3 sets out how this Act applies in cases involving free-standing transfers (the meaning of which is set out in paragraph 12); d Part 4 provides for a special rule (““the minimum consideration rule””) which applies to determine the consideration given in cases where the parties in relation to a pre-completion transaction are connected or are otherwise not acting at arm's length; e Part 5 provides for relief to be available to certain buyers in cases where certain pre-completion transactions are entered into; f Part 6 makes some general interpretative provisions. Application of this Schedule 2 1 This Schedule applies where— a a person (““the original buyer””) enters into a contract (““the original contract””) for the acquisition by the original buyer of a chargeable interest under which the acquisition is to be completed by a transfer, and b there is a pre-completion transaction. 2 The reference in sub-paragraph (1)(a) to a contract does not include a contract that is an assignment of rights in relation to another contract. 3 For any one contract for the acquisition of a chargeable interest there is only one original buyer (and for the purposes of this Schedule joint original buyers are to be treated as one original buyer). 4 This Schedule does not apply where paragraph 21 of Schedule 6 (assignment of agreement for lease) applies (and accordingly, despite paragraph 3, the assignment of an agreement for lease is not a pre-completion transaction). Meaning of ““pre-completion transaction”” 3 1 A transaction is a pre-completion transaction if— a as a result of the transaction a person other than the original buyer (“ "the transferee” ”) becomes entitled to call for a transfer to the transferee of the whole or part of the subject-matter of the original contract, and b immediately before the transaction took place a person (other than the transferee but not necessarily the original buyer) was entitled under the original contract to call for a transfer of the whole or that part of that subject-matter. 2 A transaction that gives effect to a person's acquisition of the whole or part of the subject-matter of the original contract is not a pre-completion transaction. 3 The grant or assignment of an option is not a pre-completion transaction. 4 The fact that a transaction has the effect of discharging the original contract does not prevent that transaction from being a pre-completion transaction. Other key terms 4 1 In this Schedule, references to part of the subject-matter of the original contract— a are to a chargeable interest that is the same as the chargeable interest referred to in paragraph 2(1)(a) except that it relates to part only of the land concerned, and b also include, so far as is appropriate, interests or rights appurtenant or pertaining to the chargeable interest. 2 In this Schedule, “ "the transferor” ”, in relation to a pre-completion transaction, means a party to the pre-completion transaction who immediately before the pre-completion transaction took place was entitled to call for a transfer of (what became) the subject-matter of the pre-completion transaction. 3 References in this Schedule to the ““subject-matter”” of a pre-completion transaction— a are to the chargeable interest the transfer of which the transferee is entitled to call for as a result of the pre-completion transaction, and b also include, so far as is appropriate, interests or rights appurtenant or pertaining to the chargeable interest. Tax not charged on transferee by reason of the pre-completion transaction 5 The transferee is not regarded as entering into a land transaction only by reason of the pre-completion transaction. PART 2 PRE-COMPLETION TRANSACTIONS WHICH ARE ASSIGNMENTS OF RIGHTS Pre-completion transactions which are assignments of rights 6 A pre-completion transaction is an ““assignment of rights”” if the entitlement of the transferee referred to in paragraph 3(1)(a) is an entitlement to exercise rights under the original contract. Assignments of rights: application of rules about completion and consideration 7 1 This paragraph applies if the pre-completion transaction is an assignment of rights. 2 If the subject-matter of the original contract is transferred to the transferee, the transfer is taken to be the completion of the original contract (despite section 10 and in particular subsection (10)(a) of that section). 3 Sub-paragraphs (4) to (8) apply if— a the subject-matter of the original contract is transferred to the transferee, or b the original contract is substantially performed by the transferee. 4 The transferee is taken to be the buyer in the land transaction effected as mentioned in section 10(3), or treated as effected under section 10(4). 5 For the purpose of determining the chargeable consideration for that land transaction, the land transaction is taken to give effect to a contract the consideration under which is the consideration paid or provided by the transferee or a person connected with the transferee— a for the subject-matter of the original contract, and b for the assignment of rights. 6 Paragraph 1 of Schedule 4 (chargeable consideration: money or money's worth) has effect accordingly but subject to sub-paragraphs (7) and (8) of this paragraph. 7 This paragraph does not allow any amount of consideration given by a person to be counted twice in determining the chargeable consideration. 8 In any case where there is a relevant connection between the parties as mentioned in paragraph 15(2) (minimum consideration rule), the chargeable consideration for the land transaction mentioned in sub-paragraph (4) of this paragraph is calculated (regardless of whether the consideration is taken to be the amount in paragraph (a), (b) or (c) of paragraph 15(2)) as if in paragraph 1 of Schedule 4 the words ““or a person connected with the buyer”” were omitted. 9 The original contract is to be taken to be ““substantially performed by the transferee”” where a land transaction is treated as effected under section 10(4) by reason of— a the transferee under the assignment of rights, or a person connected with the transferee, taking possession of the whole, or substantially the whole, of the subject-matter of the original contract, b a substantial amount of the consideration being paid or provided by the transferee or a person connected with the transferee, or c consideration paid or provided by the transferee, or a person connected with the transferee, amounting, when taken together with consideration paid or provided by another person, to a substantial amount of the consideration. 10 References in sub-paragraph (9) to possession and to the payment or provision of a substantial amount of the consideration are to be read in accordance with subsections (2) and (3) of section 14 (meaning of substantial performance). 11 In sub-paragraph (9), ““the consideration””— a in relation to the land transaction, means (what is taken to be) the consideration for the acquisition of the subject-matter of the land transaction; b in relation to the original contract, means the consideration for the transferee's acquisition of the subject-matter of that contract; c in relation to the assignment of rights, means the consideration for the transferee's acquisition of the rights to which that contract relates. Assignment of rights: transferor treated as making separate acquisition 8 1 Where paragraph 7(4) to (8) applies (assignment of rights: original contract completed or substantially performed) this Act has effect as if— a the effective date of the land transaction mentioned in paragraph 7(4) (““the transferee's land transaction””) were also the effective date of another land transaction (a ““notional land transaction””), and b the original buyer were the buyer in that notional land transaction. 2 The notional land transaction is referred to in this paragraph as being ““associated with”” the assignment of rights under which the original buyer is the transferor. 3 Where sub-paragraph (1) applies and the assignment of rights mentioned in paragraph 7(1) (““the implemented assignment of rights””) was preceded by one or more related assignments of rights, then for the purposes of this Act there is taken to be, for each assignment of rights (other than the first) in the chain formed by the implemented assignment of rights and those preceding assignments of rights, an additional notional land transaction— a the effective date of which is the effective date of the transferee's land transaction, and b where the buyer is the transferor under that assignment of rights. 4 In sub-paragraph (3), “ "related assignment of rights” ” means a transaction that is an assignment of rights in relation to the original contract and has some subject-matter in common with the implemented assignment of rights. 5 The additional notional land transaction is referred to in this paragraph as being ““associated with”” the assignment of rights. 6 For the purpose of determining the chargeable consideration— a for the notional land transaction, Schedule 4 has effect as if paragraph 1 of that Schedule provided that the chargeable consideration is (except as otherwise provided) the sum of A and B; b for any additional notional land transaction, that Schedule has effect as if paragraph 1 of it provided that the chargeable consideration is (except as otherwise provided) the sum of A, B and C. 7 A is the total amount of any consideration in money or money's worth given (whether directly or indirectly) by any of the following as consideration under the original contract— a the transferee under the assignment of rights with which the notional land transaction or the additional notional land transaction is associated; b where the assignment of rights is one in a chain of successive transactions that are pre-completion transactions in relation to the original contract (all having at least part of their subject-matter in common), the transferee under any subsequent pre-completion transaction in that chain; c a person connected with a person falling within paragraph (a) or (b). 8 B is the total amount of any other consideration in money or money's worth given as consideration under the original contract (directly or indirectly) by— a the buyer (under the notional land transaction or the additional notional land transaction), or b a person connected with the buyer. 9 C is the amount of any consideration in money or money's worth given for the preceding assignment of rights by— a the buyer (under the additional notional land transaction), or b a person connected with the buyer. 10 In sub-paragraph (9), “ "the preceding assignment of rights” ” means the assignment of rights as a result of which the buyer became entitled to call for a transfer of (what became) the subject-matter of the assignment of rights associated with the additional notional land transaction. Notional land transactions: effect of rescission etc. following substantial performance 9 1 This paragraph applies where paragraph 8(1) (transferor treated as making separate acquisition) applies by virtue of the substantial performance by the transferee of the original contract. 2 If the original contract is (to any extent) subsequently rescinded or annulled, or is for any other reason not carried into effect, the tax paid by virtue of paragraph 8(1), and any tax paid by virtue of paragraph 8(3), must (to that extent) be repaid by WRA. 3 But repayment of tax is due only if a claim for it is made by amendment, in accordance with section 41 of TCMA, of the return in respect of the notional or additional notional land transaction. Assignment of rights relating to part only of original contract 10 Where the transferee under the assignment of rights referred to in paragraph 7(1) is entitled to call for the transfer of part, but not the whole, of the subject-matter of the original contract— a paragraph 7 applies as if the original contract, so far as relating to that part of its subject-matter, were a separate contract, and b the references in paragraph 8 to the original contract are to be read accordingly. Assignment of rights: references to ““the seller”” 11 1 This paragraph applies where— a the pre-completion transaction is an assignment of rights, and b either the subject-matter of the original contract is transferred to the transferee or the original contract is substantially performed by the transferee. 2 This paragraph does not apply if the original contract is itself a free-standing transfer (see Part 3 of this Schedule for the treatment of such cases). 3 The general rule is that in relation to a relevant land transaction, references in this Act to the seller are to be read as references to the seller under the original contract (but see sub-paragraphs (4) and (5)). 4 In cases where the original contract was substantially performed before the transferee became entitled to call for a transfer of the whole or part of the subject-matter of the original contract, references in this Act to the seller are to be read as references to the person who was the buyer under the original contract when it was substantially performed. 5 In relation to a relevant land transaction, references to the seller in any of the following provisions are to be read as including the seller under the original contract and the transferor under any relevant assignment of rights— a paragraph 8(1)(a) of Schedule 4 (debt as consideration); b paragraph 11(2)(c) of that Schedule (carrying out of works); c paragraph 14 of that Schedule (indemnity given by buyer); d paragraph 1(1) and (2) of Schedule 20 (transfers involving public bodies); e paragraph 2(1)(a) of Schedule 21 (compliance with planning obligations: conditions for relief). 6 The following are ““relevant land transactions””— a the land transaction given effect by the transfer mentioned in sub-paragraph (1)(b) or treated as having been given effect by the substantial performance mentioned in that sub-paragraph; b the notional land transaction mentioned in paragraph 8(1) and any additional notional land transaction under paragraph 8(3). 7 In determining under section 8(1) whether or not a relevant land transaction such as is mentioned in sub-paragraph (6)(a) is linked to another transaction, it may be assumed that any of the following is the seller in the relevant land transaction— a the seller (determined in accordance with sub-paragraph (3)), or b the transferor under any relevant assignment of rights. 8 The following are “ "relevant assignments of rights” ” in relation to a relevant land transaction— a the assignment of rights mentioned in sub-paragraph (1)(a); b any other transaction that is an assignment of rights in relation to the original contract and has some subject-matter in common with the assignment of rights mentioned in paragraph (a). PART 3 PRE-COMPLETION TRANSACTIONS WHICH ARE FREE-STANDING TRANSFERS Pre-completion transactions which are free-standing transfers 12 A pre-completion transaction which is not an assignment of rights is referred to in this Schedule as a “ "free-standing transfer” ”. Free-standing transfers: consideration and substantial performance 13 1 This paragraph applies where the pre-completion transaction is a free-standing transfer. 2 If the transferee acquires the subject-matter of the free-standing transfer, the consideration for the transaction giving effect to that acquisition is taken to include the consideration given for the free-standing transfer (if that would not otherwise be the case). 3 References in sub-paragraph (2) to an acquisition include an acquisition treated as having taken place by virtue of section 10(4) (and the reference to the transaction giving effect to that acquisition is to be read accordingly). 4 An action taken by the transferee (or an assignee of the transferee) that would, if taken by the original buyer, constitute (for the purposes of section 14(1)) the taking of possession of the whole or substantially the whole of the subject-matter of the original contract is treated as being the substantial performance of the original contract. 5 If a transaction that is a free-standing transfer in relation to a contract is also a free-standing transfer in relation to another contract (in particular, where there have been successive free-standing transfers), each of those contracts is to be regarded as “ "the original contract” ” for the purposes of separate applications of sub-paragraph (4). 6 In sub-paragraph (4)— a the reference to the transferee includes a person connected with the transferee, and b the reference to an assignee of the transferee— i is to a person who, as a result of a transaction that is an assignment of rights in relation to the free-standing transfer, is entitled to call for a transfer of the whole or part of the subject-matter of the free-standing transfer, and ii includes a person connected with such a person. References to ““the seller”” in cases involving free-standing transfers 14 1 This paragraph applies where— a the pre-completion transaction is a free-standing transfer and the transferee acquires the subject-matter of the free-standing transfer as mentioned in paragraph 13(2) (read with paragraph 13(3)), or b the pre-completion transaction is an assignment of rights and either— i the subject-matter of the original contract is transferred to the transferee, or ii the original contract is substantially performed by the transferee, but paragraph 11(1) (references to the seller where transferee is assignee under an assignment of rights) does not apply because the original contract is a free-standing transfer (see paragraph 11(2)). 2 The general rule is that in relation to the relevant land transaction, references in this Act to the seller are to be read as references to the seller under the first appropriate transaction (but see sub-paragraph (3)). 3 In relation to the relevant land transaction, references to the seller in the specified provisions (see sub-paragraph (4)) are to be read as including— a the seller in the first appropriate transaction, b the transferor under the final transaction, and c the transferor under any other pre-completion transaction relating to, and which has some subject-matter in common with, the transactions mentioned in paragraphs (a) and (b). 4 The specified provisions are— a paragraph 8(1)(a) of Schedule 4 (debt as consideration); b paragraph 11(2)(c) of that Schedule (carrying out of works); c paragraph 14 of that Schedule (indemnity given by buyer); d paragraph 1(1) and (2) of Schedule 20 (transfers involving public bodies); e paragraph 2(1)(a) of Schedule 21 (compliance with planning obligations: conditions for relief). 5 In determining under section 8(1) whether or not the relevant land transaction is linked to another transaction, it may be assumed that any of the following is the seller in the relevant land transaction— a the seller in the first appropriate transaction, b the transferor under the final transaction, and c the transferor under any other pre-completion transaction relating to, and which has some subject-matter in common with, the transactions mentioned in paragraphs (a) and (b). 6 In this paragraph— a “ "the relevant land transaction” ” means— i the land transaction mentioned in sub-paragraph (1)(a), or ii in a case falling within sub-paragraph (1)(b), the land transaction given effect by the transfer to the transferee of the subject-matter of the original contract or the substantial performance by the transferee of the original contract; b “ "the final transaction” ” means— i in a case falling within sub-paragraph (1)(a), the transaction giving effect to the acquisition by the transferee of the subject-matter of the free standing transfer; ii in a case falling within sub-paragraph (1)(b), the transaction giving effect to the acquisition by the transferee of the subject-matter of the assignment of rights (whether by the transfer of the subject-matter of the original contract to the transferee, the substantial performance of the original contract by the transferee or otherwise); c “ "the first appropriate transaction” ” means the original contract, unless sub-paragraph (7) applies. 7 In applying this paragraph to a case where the original contract is not performed at the same time as, and in connection with the performance of the final transaction, “ "the first appropriate transaction” ” means a transaction that is a pre-completion transaction in relation to the original contract and meets the following conditions. 8 The conditions are that the pre-completion transaction— a is performed at the time when the final transaction is performed and (if it is not itself that final transaction) is performed in connection with the performance of the final transaction, b is a transaction on which the entitlement of the transferee to call for the transfer of the subject-matter of the final transaction depends, and c is not preceded by another pre-completion transaction meeting the conditions in paragraphs (a) and (b). 9 For the purposes of sub-paragraphs (7) and (8)— a a contract for a land transaction is taken to be ““performed”” when it is substantially performed or completed (whichever is earlier); b a free-standing transfer other than a contract is taken to be ““performed”” when the transferee under that free-standing transfer (or an assignee of that transferee, as defined in paragraph 13(6)(b)) acquires the subject-matter of that free-standing transfer. 10 Where the final transaction is a pre-completion transaction in relation to each of two or more contracts such as are mentioned in paragraph 2(1)(a) that together form a series of such contracts (each having some subject-matter in common with all the others), references in this paragraph to the ““original contract”” are to be read as references to the first contract in that series. PART 4 THE MINIMUM CONSIDERATION RULE The minimum consideration rule 15 1 This paragraph applies where paragraph 7(3) or 13(2) (pre-completion transactions: chargeable interest acquired, or treated as acquired, by transferee) applies. 2 If there is a relevant connection between parties, then for the purposes of paragraph 1 of Schedule 4 the consideration given by the buyer for the subject-matter of the land transaction referred to in paragraph 7(4) or 13(2) is taken to be the highest of— a the amount it would be apart from this sub-paragraph, b the first minimum amount (see paragraph 16), or c the second minimum amount (see paragraph 17). 3 There is a ““relevant connection between parties”” if the transferee in relation to the pre-completion transaction mentioned in paragraph 7(1) or 13(1) (““the implemented transaction””) is connected with, or is not acting at arm's length in relation to— a the transferor in relation to the implemented transaction, or b a transferor in relation to a pre-completion transaction— i which is one in a chain of successive pre-completion transactions (all having at least part of their subject-matter in common and including the implemented transaction) in relation to the original contract, and ii which precedes the implemented transaction in the chain. 4 Where the implemented transaction is a pre-completion transaction in relation to— a a contract for a land transaction that is not itself a free-standing transfer in relation to any other contract, and b a contract, or two or more successive contracts, that are themselves free-standing transfers in relation to the contract mentioned in paragraph (a), references in this Part of this Schedule to the ““original contract”” are to the contract mentioned in paragraph (a) only (and references to the “ "original buyer” ” are to be read accordingly). The first minimum amount 16 1 The ““first minimum amount”” is to be determined in accordance with sub-paragraph (2) unless conditions A to C in sub-paragraph (3) are met, in which case it is to be determined in accordance with that sub-paragraph. 2 The ““first minimum amount”” is— a if the chargeable interest acquired (or treated as acquired) under the land transaction referred to in paragraph 7(4) or 13(2) is the whole subject-matter of the original contract, the amount of any consideration (in money or money's worth) agreed to be given, under the terms of the original contract, for the acquisition of that subject-matter, or b if paragraph (a) does not apply, so much of the amount mentioned in that paragraph as is referable, on a just and reasonable apportionment, to the chargeable interest acquired (or treated as acquired) under the land transaction referred to in paragraph 7(4) or 13(2). 3 If conditions A to C are met, the ““first minimum amount”” is the amount of any consideration (in money or money's worth) agreed, under the terms of the transfer to the first T, to be given in respect of the subject-matter of that transaction (including any consideration relating to an obligation of the transferor under the transfer to the first T). Condition A That the pre-completion transaction referred to in paragraph 7(4) or 13(2) is one of a chain of successive transactions (all having at least part of their subject-matter in common) that are pre-completion transactions in relation to the original contract. Condition B That a person (““T””) is the transferor under a pre-completion transaction that forms part of the chain and T is connected with, or not acting at arm's length in relation to— the transferee under that transaction, or the transferee under a subsequent transaction in the chain (including the pre-completion transaction referred to in paragraph 7(4) or 13(2)). Condition C That, having regard to all the circumstances, the obtaining of a tax advantage (for any person) was not the main purpose, or one of the main purposes, of T entering into any pre-completion transaction in the chain or any arrangement of which such a transaction was part. 4 In this paragraph— a “ "the first T” ” means— i if condition B is met in relation to only one pre-completion transaction, T, or ii if condition B is met in relation to more than one pre-completion transaction in the chain, the transferor in relation to the first of the pre-completion transactions in relation to which condition B is met; b “ "the transfer to the first T” ” means— i the pre-completion transaction under which the first T is the transferee, or ii the original contract (if T is the original buyer); c “ "tax advantage” ” has the same meaning as in section 31(3). The second minimum amount 17 1 The ““second minimum amount”” is the total of the net amounts of consideration given by the relevant parties. 2 The net amount of consideration given by any relevant party is— CP - CR Figure 1 where— CP is the total amount of consideration given by the party for the acquisition of the chargeable interest or as consideration for a pre-completion transaction; CR is the total of any amounts of consideration given to the party by another relevant party (or other relevant parties) as consideration for the acquisition of the chargeable interest or as consideration for the pre-completion transaction, and if CR is greater than CP then the net amount of consideration given by the relevant party is taken to be zero. 3 The relevant parties are— a the original buyer, and b the transferee, unless sub-paragraph (4) applies. 4 If the pre-completion transaction mentioned in paragraph 7(1) or 13(1) (““the implemented transaction””) is one in a chain of successive transactions (all having at least part of their subject-matter in common) that are pre-completion transactions in relation to the original contract, only the following are relevant parties— a the transferor and the transferee in relation to the implemented transaction; b a transferor in relation to a preceding transaction, if that transferor is connected with, or is not acting at arm's length in relation to, the transferee under the implemented transaction; c the transferee under a pre-completion transaction where the transferor is a relevant party (whether by virtue of this paragraph (c) or otherwise), and in this sub-paragraph and sub-paragraph (6) “ "preceding transaction” ” means a pre-completion transaction that precedes the implemented transaction in the chain. 5 For the purposes of sub-paragraph (2)— a amounts given by a person connected with a relevant party are treated as given by the relevant party; b amounts given to a person connected with a relevant party are treated as given to the relevant party, but a person who is a relevant party is not to be treated, for the purposes of this paragraph, as connected with another relevant party (even if, apart from this sub-paragraph, that would be the case). 6 If the subject-matter of the implemented transaction is not the whole subject-matter of the original contract— a the amounts that are taken for the purposes of sub-paragraph (2) to be given ““for the acquisition of the chargeable interest”” are to be determined on a just and reasonable basis, and b only so much of the consideration for a preceding transaction as is referable, on a just and reasonable basis, to the subject-matter of the implemented transaction is to be taken into account under sub-paragraph (2). PART 5 RELIEFS Relief for transferor: assignment of rights 18 1 This paragraph applies where— a a person would, in the absence of this paragraph, be liable to pay tax in respect of a notional land transaction deemed to take place under paragraph 8(1) or an additional notional land transaction deemed to take place under paragraph 8(3), and b the original contract had not been substantially performed when the assignment of rights mentioned in paragraph 7(1) was entered into. 2 If the buyer in respect of the notional land transaction, or additional notional land transaction, claims relief under this paragraph, the buyer is relieved from tax in respect of that transaction. 3 But no relief is available under this paragraph if the land transaction mentioned in paragraph 7(4) is relieved from tax by virtue of Schedule 10 (alternative property finance reliefs). Relief for original buyer: qualifying subsales 19 1 This paragraph applies if— a the pre-completion transaction is a qualifying subsale (see sub-paragraph (6)), b the original buyer would, in the absence of this paragraph, be liable to pay tax in respect of the land transaction given effect by the completion of the original contract or treated as having been given effect by the substantial performance of the original contract, c the performance of the qualifying subsale takes place at the same time as, and in connection with, the performance of the original contract, and d relief is claimed in respect of the land transaction mentioned in paragraph (b). 2 If the subject-matter of the qualifying subsale is the whole of the subject-matter of the original contract, the original buyer is relieved from tax in respect of the land transaction mentioned in sub-paragraph (1)(b). 3 If the subject-matter of the qualifying subsale is part of the subject-matter of the original contract, the amount of consideration for the land transaction mentioned in sub-paragraph (1)(b) is taken to be— OC - QS Figure 2 where— OC is the amount that the consideration would be apart from this sub-paragraph, and QS is so much of OC as is referable to the subject-matter of the qualifying subsale, and OC may be reduced more than once if there is more than one qualifying subsale. 4 But no relief is available under this paragraph if— a the original contract had been substantially performed when the qualifying subsale was entered into, or b the transaction effected, or treated as effected, by the performance of the qualifying subsale is relieved from tax by virtue of Schedule 10 (alternative property finance reliefs). 5 For the purposes of this paragraph, a contract for a land transaction is taken to be ““performed”” when it is substantially performed or completed (whichever is earlier). 6 A pre-completion transaction is a ““qualifying subsale”” if it is a contract under which the original buyer contracts to sell the whole or part of the subject-matter of the original contract to the transferee. 7 If a transaction is a qualifying subsale in relation to more than one contract such as is mentioned in paragraph 2(1)(a), this paragraph applies separately in relation to each such original contract for the purpose of determining what relief, if any, may be available with respect to the land transaction in question. PART 6 INTERPRETATION AND INDEX Interpretation 20 In this Schedule— “ "contract” ” (“ " contract ”") includes any agreement; “ "transfer” ” (“ " trosglwyddiad ”") includes any instrument. Index of expressions defined in this Schedule 21 The following Table lists expressions defined or otherwise explained in this Schedule. Table 1 Expression Paragraph “ "additional notional land transaction” ” (“ " trafodiad tir tybiannol ychwanegol ”") Paragraph 8(3) “ "assignment of rights” ” (“ " aseinio hawliau ”") Paragraph 6 “ "contract” ” (“ " contract ”") Paragraph 20 “ "free-standing transfer” ” (“ " trosglwyddiad annibynnol ”") Paragraph 12 “ "notional land transaction” ” (“ " trafodiad tir tybiannol ”") Paragraph 8(1) “ "original buyer” ” (“ " prynwr gwreiddiol ”") and “ "original contract” ” (“ " contract gwreiddiol ”") Paragraph 2(1)(a) (but see also paragraph 15(4)) “ "part of the subject-matter of the original contract” ” (“ " rhan o destun y contract gwreiddiol ”") Paragraph 4(1) “ "pre-completion transaction” ” (“ " trafodiad cyngwblhau ”") Paragraph 3 “ "qualifying subsale” ” (“ " is-werthiant cymwys ”") Paragraph 19(6) “ "subject-matter” ” (“ " testun ”") (of a precompletion transaction) Paragraph 4(3) “ "transfer” ” (“ " trosglwyddiad ”") Paragraph 20 “ "the transferee” ” (“ " y trosglwyddai ”") (in relation to a pre-completion transaction) Paragraph 3(1)(a) “ "the transferor” ” (“ " y trosglwyddwr ”") (in relation to a pre-completion transaction) Paragraph 4(2) SCHEDULE 3 TRANSACTIONS EXEMPT FROM CHARGE (as introduced by section 17) No chargeable consideration 1 A land transaction is exempt from charge if there is no chargeable consideration for the transaction (but see section 22 (deemed market value)). Acquisitions by the Crown 2 A land transaction under which the buyer is any of the following is exempt from charge — a the Welsh Ministers, the First Minister, the Counsel General to the Welsh Government; b a Minister of the Crown; c the Scottish Ministers; d a Northern Ireland department; e the National Assembly for Wales Commission; f the Corporate Officer of the House of Lords; g the Corporate Officer of the House of Commons; h the Scottish Parliamentary Corporate Body; i the Northern Ireland Assembly Commission. Transactions in connection with divorce etc. 3 A transaction between one party to a marriage and the other (whether or not the marriage is subsisting at the time of the transaction) is exempt from charge if it is effected — a in pursuance of an order of a court made on granting in respect of the parties an order or decree for the dissolution or annulment of the marriage or their judicial separation; b in pursuance of an order of a court made in connection with the dissolution or annulment of the marriage, or the parties' judicial separation, at any time after the granting of such an order or decree as mentioned in paragraph (a); c in pursuance of— i an order of a court made at any time under section 22A, 23A or 24A of the Matrimonial Causes Act 1973 (c. 18), or ii an incidental order of a court made under section 8(2) of the Family Law (Scotland) Act 1985 (c. 37) by virtue of section 14(1) of that Act; d at any time in pursuance of an agreement of the parties made in contemplation or otherwise in connection with the dissolution or annulment of the marriage, their judicial separation or the making of a separation order in respect of them. Transactions in connection with dissolution of civil partnership etc. 4 A transaction between one party to a civil partnership and the other (whether or not the civil partnership is subsisting at the time of the transaction) is exempt from charge if it is effected— a in pursuance of an order of a court made on granting in respect of the parties an order or decree for the dissolution or annulment of the civil partnership or their judicial separation; b in pursuance of an order of a court made in connection with the dissolution or annulment of the civil partnership, or the parties' judicial separation, at any time after the granting of such an order or decree as mentioned in paragraph (a); c in pursuance of— i an order of a court made at any time under any provision of Schedule 5 to the Civil Partnership Act 2004 (c. 33) that corresponds to section 22A, 23A or 24A of the Matrimonial Causes Act 1973 (c. 18), or ii an incidental order of a court made under any provision of the Civil Partnership Act 2004 (c. 33) that corresponds to section 8(2) of the Family Law (Scotland) Act 1985 (c. 37) by virtue of section 14(1) of that Act of 1985; d at any time in pursuance of an agreement of the parties made in contemplation of or otherwise in connection with the dissolution or annulment of the civil partnership, their judicial separation or the making of a separation order in respect of them. Assents and appropriations by personal representatives 5 1 The acquisition of property by a person in or towards satisfaction of the person's entitlement under or in relation to the will of a deceased person, or on the intestacy of a deceased person, is exempt from charge. 2 Sub-paragraph (1) does not apply if the person acquiring the property gives any consideration for it, other than the assumption of secured debt. 3 Where sub-paragraph (1) does not apply because of sub-paragraph (2), the chargeable consideration for the transaction is determined in accordance with paragraph 9(1) of Schedule 4. 4 In this paragraph— “ "debt” ” (“ " dyled ”") means an obligation, whether certain or contingent, to pay a sum of money either immediately or at a future date, and “ "secured debt” ” (“ " dyled sicredig ”") means debt that, immediately after the death of the deceased person, is secured on the property. Variation of testamentary dispositions etc. 6 1 A transaction following a person's death that varies a disposition (whether effected by will, under the law relating to intestacy or otherwise) of property of which the deceased was competent to dispose is exempt from charge if the following conditions are met. 2 The conditions are— a that the transaction is carried out within the period of two years after a person's death, and b that no consideration in money or money's worth other than the making of a variation of another such disposition is given for it. 3 Where the condition in sub-paragraph (2)(b) is not met, the chargeable consideration for the transaction is determined in accordance with paragraph 9(3) of Schedule 4. 4 This paragraph applies whether or not the administration of the estate is complete or the property has been distributed in accordance with the original dispositions. Power to add, remove or vary exemptions 7 The Welsh Ministers may by regulations amend this Schedule so as to— a provide for any other description of land transaction to be exempt from charge; b provide that a description of land transaction is no longer exempt from charge; c vary a description of land transaction that is exempt from charge. SCHEDULE 4 CHARGEABLE CONSIDERATION (as introduced by section 18(1)) Money or money's worth 1 The chargeable consideration for a transaction is, except as otherwise provided, any consideration in money or money's worth given for the subject-matter of the transaction, directly or indirectly, by the buyer or a person connected with the buyer. Value added tax 2 The chargeable consideration for a transaction includes any value added tax chargeable in respect of the transaction, other than value added tax chargeable by virtue of an option to tax any land under Part 1 of Schedule 10 to the Value Added Tax Act 1994 (c. 23) made after the effective date of the transaction. Postponed consideration 3 The amount or value of the chargeable consideration for a transaction is to be determined without any discount for postponement of the right to receive it or any part of it. Just and reasonable apportionment 4 1 For the purposes of this Act, consideration attributable— a to two or more land transactions, b in part to a land transaction and in part to another matter, or c in part to matters making it chargeable consideration and in part to other matters, is to be apportioned on a just and reasonable basis. 2 If the consideration is not so apportioned, this Act has effect as if it had been so apportioned. 3 For the purposes of this paragraph, any consideration given for what is in substance one bargain is to be treated as attributable to all the elements of the bargain, even though— a separate consideration is, or purports to be, given for different elements of the bargain, or b there are, or purport to be, separate transactions in respect of different elements of the bargain. Exchanges 5 1 This paragraph applies to determine the chargeable consideration where one or more land transactions are entered into by a person (alone or jointly) as buyer wholly or partly in consideration of one or more other land transactions being entered into by that person (alone or jointly) as seller. 2 In this paragraph— a “ "relevant transaction” ” means any of those transactions, and b “ "relevant acquisition” ” means a relevant transaction entered into as buyer and “ "relevant disposal” ” means a relevant transaction entered into as seller. 3 The following rules apply if the subject-matter of any of the relevant transactions is a major interest in land— a where a single relevant acquisition is made, the chargeable consideration for the acquisition is— i the market value of the subject-matter of the acquisition as at the effective date of the transaction, ii if the acquisition is the grant of a lease at a rent, that rent, and iii any value added tax chargeable in respect of that acquisition as at the effective date of the transaction; b where two or more relevant acquisitions are made, the chargeable consideration for each relevant acquisition is— i the market value of the subject-matter of the acquisition as at the effective date of the transaction, ii if the acquisition is the grant of a lease at a rent, that rent, and iii any value added tax chargeable in respect of that acquisition as at the effective date of the transaction. 4 In determining market value for the purpose of sub-paragraph (3)(a)(i) and (b)(i), no account is to be taken of a reduction in what would otherwise be the market value of the subject-matter where the reduction is the result of anything done, the main purpose or one of the main purposes of which, is to avoid tax (whether by the buyer or any other person). 5 The following rules apply if the subject-matter of none of the relevant transactions is a major interest in land— a where a single relevant acquisition is made in consideration of one or more relevant disposals, the chargeable consideration for the acquisition is the amount or value of any chargeable consideration other than the disposal or disposals that is given for the acquisition; b where two or more relevant acquisitions are made in consideration of one or more relevant disposals, the chargeable consideration for each relevant acquisition is the appropriate proportion of the amount or value of any chargeable consideration other than the disposal or disposals that is given for the acquisitions. 6 For the purposes of sub-paragraph (5)(b) the appropriate proportion is— MV TMV Figure 3 where— MV is the market value of the subject-matter of the acquisition for which the chargeable consideration is being determined, and TMV is the total market value of the subject-matter of all the relevant acquisitions. 7 This paragraph has effect subject to paragraph 6 (partition etc.: disregard of existing interest). 8 This paragraph does not apply in a case to which paragraph 18 (arrangements involving public or educational bodies) applies. Partition etc.: disregard of existing interest 6 In the case of a land transaction giving effect to a partition or division of a chargeable interest to which persons are jointly entitled, the share of the interest held by the buyer immediately before the partition or division does not count as chargeable consideration. Valuation of non-monetary consideration 7 Except as otherwise provided, the value of any chargeable consideration for a land transaction, other than— a money (whether in sterling or another currency), or b debt as defined for the purposes of paragraph 8 (debt as consideration), is to be taken to be its market value at the effective date of the transaction. Debt as consideration 8 1 Where the chargeable consideration for a land transaction consists in whole or in part of — a the satisfaction or release of debt due to the buyer or owed by the seller, or b the assumption of existing debt by the buyer, the amount of debt satisfied, released or assumed is to be taken to be the whole or, as the case may be, part of the chargeable consideration for the transaction. 2 But where the chargeable consideration for a land transaction consists in whole or in part of both— a the satisfaction or release of debt owed by the seller, and b the assumption of that debt by the buyer, the amount of debt assumed is to be taken to be the whole or, as the case may be, part of the chargeable consideration for the transaction. 3 Where— a debt is secured on the subject-matter of a land transaction immediately before and immediately after the transaction, and b the rights or liabilities in relation to that debt of any party to the transaction are changed as a result of or in connection with the transaction, then for the purposes of this paragraph there is an assumption of that debt by the buyer, and that assumption of debt constitutes chargeable consideration for the transaction. 4 Where in a case in which sub-paragraph (1)(b) or (2) applies— a the debt assumed is or includes debt secured on the property forming the subject-matter of the transaction, and b immediately before the transaction there were two or more persons each holding an undivided share of that property, or there are two or more such persons immediately afterwards, the amount of secured debt assumed is to be determined as if the amount of that debt owed by each of those persons at a given time were the proportion of it corresponding to the person's undivided share of the property at that time. 5 For the purposes of sub-paragraph (4), each joint tenant of property is treated as holding an equal undivided share of it. 6 If the effect of this paragraph would be that the amount of the chargeable consideration for the transaction exceeded the market value of the subject-matter of the transaction, the amount of the chargeable consideration is treated as limited to that value. 7 In this paragraph— a “ "debt” ” means an obligation, whether certain or contingent, to pay a sum of money either immediately or at a future date, b “ "existing debt” ”, in relation to a transaction, means debt created or arising before the effective date of, and otherwise than in connection with, the transaction, and c references to the amount of a debt are to the principal amount payable or, as the case may be, the total of the principal amounts payable, together with the amount of any interest that has accrued due on or before the effective date of the transaction. Cases where conditions for exemption not fully met 9 1 Where a land transaction would be exempt from charge under paragraph 5 of Schedule 3 (assents and appropriations by personal representatives) but for sub-paragraph (2) of that paragraph (cases where person acquiring property gives consideration for it), the chargeable consideration for the transaction does not include the amount of any secured debt assumed. 2 In sub-paragraph (1) “ "secured debt” ” has the same meaning as in paragraph 5 of Schedule 3. 3 Where a land transaction would be exempt from charge under paragraph 6 of Schedule 3 (variation of testamentary dispositions etc.) but for a failure to meet the condition in sub-paragraph (2)(b) of that paragraph (no consideration other than variation of another disposition), the chargeable consideration for the transaction does not include the making of any variation as is mentioned in that sub-paragraph. Conversion of amounts in foreign currency 10 1 References in this Act to the amount or value of the consideration for a transaction are to its amount or value in sterling. 2 For the purposes of this Act, the sterling equivalent of an amount expressed in another currency is to be ascertained by reference to the London closing exchange rate on the effective date of the transaction (unless the parties have used a different rate for the purposes of the transaction). Carrying out of works 11 1 Where the whole or part of the consideration for a land transaction consists of the carrying out of works of construction, improvement or repair of a building or other works to enhance the value of land, then— a to the extent that the conditions specified in sub-paragraph (2) are met, the value of the works does not count as chargeable consideration, and b to the extent that those conditions are not met, the value of the works is to be taken into account as chargeable consideration. 2 The conditions referred to in sub-paragraph (1) are— a that the works are carried out after the effective date of the transaction, b that the works are carried out on land acquired or to be acquired under the transaction or on other land held by the buyer or a person connected with the buyer, and c that it is not a condition of the transaction that the works are carried out by the seller or a person connected with the seller. 3 Where by virtue of— a section 10(5) (contract and transfer), or b paragraph 20 of Schedule 6 (agreement for lease), there are two notifiable transactions (the first being the contract or agreement and the second being the transaction effected on completion or, as the case may be, the grant of the lease), the condition in sub-paragraph (2)(a) is treated as met in relation to the second transaction if it is met in relation to the first. 4 In this paragraph— a references to the acquisition of land are to the acquisition of a major interest in it; b the value of the works is to be taken to be the amount that would have to be paid in the open market as at the effective date of the transaction for the carrying out of the works in question (including any value added tax that would be chargeable in respect of the carrying out of the works). 5 This paragraph is subject to paragraph 18 (arrangements involving public or educational bodies). Provision of services 12 1 Where the whole or part of the consideration for a land transaction consists of the provision of services (other than the carrying out of works to which paragraph 11 applies), the value of that consideration is to be taken to be the amount that would have to be paid in the open market as at the effective date of the transaction to obtain those services. 2 That amount includes any value added tax that would be chargeable in respect of the provision of the services. 3 This paragraph is subject to paragraph 18 (arrangements involving public or educational bodies). Land transaction entered into by reason of employment 13 Where a land transaction is entered into by reason of the buyer's employment, or that of a person connected with the buyer, then— a if the transaction gives rise to a charge to tax under Chapter 5 of Part 3 of the Income Tax (Earnings and Pensions) Act 2003 (c. 1) (taxable benefits: living accommodation) and— i no rent is payable by the buyer, or ii the rent payable by the buyer is less than the cash equivalent of the benefit calculated under section 105 or 106 of that Act, there is to be taken to be payable by the buyer as rent an amount equal to the cash equivalent chargeable under those sections; b if the transaction would give rise to a charge under that Chapter but for section 99 of that Act (accommodation provided for performance of duties), the consideration for the transaction is the actual consideration (if any); c if neither paragraph (a) nor paragraph (b) applies, the consideration for the transaction is to be taken to be not less than the market value of the subject-matter of the transaction as at the effective date of the transaction. Indemnity given by buyer 14 Where the buyer agrees to indemnify the seller in respect of liability to a third party arising from breach of an obligation owed by the seller in relation to the land that is the subject of the transaction, neither the agreement nor any payment made in pursuance of it counts as chargeable consideration. Buyer bearing inheritance tax liability 15 Where— a there is a land transaction that is— i a transfer of value within section 3 of the Inheritance Tax Act 1984 (c. 51) (transfers of value), or ii a disposition, effected by will or under the law of intestacy, of a chargeable interest comprised in the estate of a person immediately before the person's death, and b the buyer is or becomes liable to pay, agrees to pay or does in fact pay any inheritance tax due in respect of the transfer or disposition, the buyer's liability, agreement or payment does not count as chargeable consideration for the transaction. Buyer bearing capital gains tax liability 16 1 Where— a there is a land transaction under which the chargeable interest in question— i is acquired otherwise than by a bargain made at arm's length, or ii is treated by section 18 of the Taxation of Chargeable Gains Act 1992 (c. 12) (transactions between connected persons) as so acquired, and b the buyer is or becomes liable to pay, or does in fact pay, any capital gains tax due in respect of the corresponding disposal of the chargeable interest, the buyer's liability or payment does not count as chargeable consideration for the transaction. 2 Sub-paragraph (1) does not apply if there is chargeable consideration for the transaction (disregarding the liability or payment referred to in sub-paragraph (1)(b)). Costs of enfranchisement 17 Costs borne by the buyer under section 9(4) of the Leasehold Reform Act 1967 (c. 88) or section 33 of the Leasehold Reform, Housing and Urban Development Act 1993 (c. 28) (costs of enfranchisement) do not count as chargeable consideration. Arrangements involving public or educational bodies 18 1 This paragraph applies in any case where arrangements are entered into under which— a there is a transfer, or the grant or assignment of a lease, of land by a qualifying body (““A””) to a person who is not a qualifying body (““B””) (““the main transfer””), b in consideration (whether in whole or in part) of the main transfer there is a grant by B to A of a lease or sub-lease of the whole, or substantially the whole, of that land (““the leaseback””), c B undertakes to carry out works or provide services to A, and d some or all of the consideration given by A to B for the carrying out of those works or the provision of those services is consideration in money, whether or not there is also a transfer, or the grant or assignment of a lease, of any other land by A to B (a ““transfer of surplus land””). 2 The following are qualifying bodies— a public bodies within paragraph 1 of Schedule 20 or specified in regulations under that paragraph (relief for certain transactions involving public bodies); b institutions within the further education sector or the higher education sector within the meaning of section 91 of the Further and Higher Education Act 1992 (c. 13); c further education corporations within the meaning of section 17 of that Act; d higher education corporations within the meaning section 90 of that Act. 3 The following do not count as chargeable consideration for the main transfer or any transfer of surplus land— a the leaseback, b the carrying out of building works by B for A, or c the provision of services by B to A. 4 The chargeable consideration for the leaseback does not include— a the main transfer, b any transfer of surplus land, or c the consideration in money paid by A to B for the building works or other services referred to in sub-paragraph (3). 5 Sub-paragraphs (3) and (4) are to be disregarded for the purposes of determining whether the land transaction in question is notifiable. SCHEDULE 5 HIGHER RATES RESIDENTIAL PROPERTY TRANSACTIONS (as introduced by section 24(10)) PART 1 INTRODUCTORY Overview 1 1 This Schedule makes provision about higher rates residential property transactions. 2 This Schedule is arranged as follows— a Part 2 describes the chargeable transactions that are higher rates residential property transactions where the buyer is an individual and the transaction involves a dwelling; b Part 3 describes the chargeable transactions that are higher rates residential property transactions where the buyer is an individual and the transaction involves multiple dwellings; c Part 4 describes the chargeable transactions that are higher rates residential property transactions where the buyer is not an individual; d Part 5 contains supplementary provision, including about returns and about the application of the provisions in Parts 2, 3 and 4 in specified circumstances; e Part 6 contains interpretative provision. PART 2 BUYER IS AN INDIVIDUAL: SINGLE DWELLING TRANSACTIONS Introductory 2 This Part sets out when a chargeable transaction is a ““higher rates residential property transaction”” for the purpose of regulations under section 24(1)(b) in the case of a transaction involving a dwelling where the buyer is an individual. Higher rates residential property transactions 3 1 A chargeable transaction is a higher rates residential property transaction if— a it falls within sub-paragraph (2), and b paragraph 5 applies. 2 A transaction falls within this sub-paragraph if— a the buyer is an individual, b the main subject-matter of the transaction consists of a major interest in a dwelling (““the purchased dwelling””), and c the chargeable consideration for the transaction is £40,000 or more. 3 But a transaction does not fall within sub-paragraph (2) if at the end of the day that is the effective date of the transaction— a the purchased dwelling is subject to a lease, b the main subject-matter of the transaction is reversionary on that lease, and c the lease meets the conditions set out in sub-paragraph (4). 4 The conditions are that— a the lease is not held by a person connected with the buyer, and b the lease has an unexpired term of more than 21 years. 5 This paragraph applies subject to the exceptions provided for in— a paragraph 7 (interest in same main residence exception), and b paragraph 8 (replacement of main residence exception). 6 In this Part of this Schedule, “ "purchased dwelling” ” has the meaning given by sub-paragraph (2)(b). 4 Where paragraph 9 applies, an intermediate transaction (within the meaning given by that paragraph) is to be treated as a higher rates residential property transaction. Buyer has a major interest in other dwelling 5 1 This paragraph applies in relation to a transaction if, at the end of the day that is the effective date of the transaction— a the buyer has a major interest in a dwelling other than the purchased dwelling, and b that interest has a market value of £40,000 or more. 2 But this paragraph does not apply if the interest described in sub-paragraph (1) is reversionary on a lease which— a is not held by a person connected with the buyer, and b has an unexpired term of more than 21 years. 3 Where the buyer is jointly entitled with one or more persons to the major interest referred to in sub-paragraph (1)(a), the reference in sub-paragraph (1)(b) to the market value of the interest is to the market value of the buyer's beneficial share in the interest as determined in accordance with sub-paragraph (4) or (5). 4 Where the buyer is beneficially entitled as a tenant in common, the market value of the buyer's beneficial share is equal to— MV × PI Figure 4 where— MV is the market value of the major interest, and PI is— the percentage of the interest to which the buyer is entitled, or where— the buyer and the buyer's spouse or civil partner are living together on the effective date of the transaction (for the meaning of ““living together””, see paragraph 25(3)), and taken together the buyer and the buyer's spouse or civil partner are entitled as tenants in common, the percentage of the interest to which the buyer and the buyer's spouse or civil partner are so entitled. 5 Where the buyer is beneficially entitled as a joint tenant, the market value of the buyer's beneficial share is equal to— MV JT Figure 5 where— MV is the market value of the major interest, and JT is the number of joint tenants entitled to the interest. 6 For the purpose of sub-paragraph (5), the buyer and the buyer's spouse or civil partner are to be treated as one joint tenant if— a they are living together on the effective date of the transaction (for the meaning of ““living together””, see paragraph 25(3)), and b they are beneficially entitled as joint tenants to the interest. Two or more buyers 6 Where there are two or more buyers who are individuals in a transaction— a the transaction is a higher rates residential property transaction if paragraph 3 applies in relation to any one of the buyers; b an intermediate transaction (within the meaning of paragraph 9(2)) is to be treated as a higher rates residential property transaction if paragraph 9 applies in relation to any one of the buyers. Interest in same main residence exception 7 A transaction is not a higher rates residential property transaction under paragraph 3 if the main subject-matter of the transaction is a major interest in a dwelling— a in which, immediately before the effective date of the transaction, the buyer or the buyer’s spouse or civil partner had another major interest, and b which, immediately before and after the effective date of the transaction, is the buyer's only or main residence. Replacement of main residence exception 8 1 A transaction is not a higher rates residential property transaction under paragraph 3 if the purchased dwelling is a replacement for the buyer's only or main residence. 2 For the purposes of this paragraph, the purchased dwelling is a replacement for the buyer's only or main residence if— a on the effective date of the transaction (““the transaction concerned””) the buyer intends the purchased dwelling to be the buyer's only or main residence, b in another land transaction (““the previous transaction””), the effective date of which was during the permitted period , the buyer or the buyer's spouse or civil partner at the time disposed of a major interest in another dwelling (““the sold dwelling””), c immediately after the effective date of the previous transaction, neither the buyer nor the buyer's spouse or civil partner had a major interest in the sold dwelling, d at any time during the permitted period referred to in paragraph (b) the sold dwelling was the buyer's only or main residence, and e at no time during the period beginning with the effective date of the previous transaction and ending with the effective date of the transaction concerned has the buyer or the buyer's spouse or civil partner acquired a major interest in any other dwelling with the intention of it being the buyer's only or main residence. 2A For the purposes of sub-paragraphs (2)(b) and (d), “ the permitted period ” means— a the period of 3 years ending with the effective date of the transaction concerned, or b any period ending with the effective date of the transaction concerned that is longer than 3 years if the conditions in sub-paragraph (2B) are met. 2B The conditions are— a a relevant restriction came into force during the period of 3 years beginning with the effective date of the previous transaction (“ the relevant period ”), b the relevant restriction had a substantial adverse effect on the buyer’s ability to acquire a dwelling as a replacement for the buyer’s only or main residence before the end of the relevant period, and c the transaction concerned is entered into— i on or after 12 July 2024, and ii as soon as reasonably practicable. 2C If the conditions in sub-paragraph (2B) are met, the buyer must include a statement in the return in respect of the transaction concerned that explains how the conditions in sub-paragraph (2B) are met. 3 Sub-paragraph (2)(c) does not apply in relation to a spouse or civil partner of the buyer if the two of them were not living together on the effective date of the transaction concerned (for the meaning of ““living together””, see paragraph 25(3)). 4 For the purposes of this paragraph, the purchased dwelling may become a replacement for the buyer's only or main residence if— a on the effective date of the transaction (““the transaction concerned””) the buyer intended the purchased dwelling to be the buyer's only or main residence, b in another land transaction (“the disposal transaction”) the effective date of which is during the permitted period , the buyer or the buyer's spouse, former spouse, civil partner or former civil partner disposes of a major interest in another dwelling (““the sold dwelling””), c immediately after the effective date of the disposal transaction , neither the buyer nor the buyer's spouse or civil partner has a major interest in the sold dwelling, and d at any time during the period of 3 years ending with the effective date of the transaction concerned the sold dwelling was the buyer's only or main residence. 4A For the purposes of sub-paragraph (4)(b), “ the permitted period ” means— a the period of 3 years beginning with the day after the effective date of the transaction concerned, or b any period beginning with the day after the effective date of the transaction concerned that is longer than 3 years if the conditions in sub-paragraph (4B) or sub-paragraph (4C) are met. 4B The conditions are— a a relevant restriction came into force during the period of 3 years beginning with the day after the effective date of the transaction concerned (“ the relevant period ”), b the relevant restriction had a substantial adverse effect on the ability of the buyer or the buyer’s spouse, former spouse, civil partner or former civil partner to dispose of the major interest in the sold dwelling before the end of the relevant period, and c the disposal transaction is entered into— i on or after 12 July 2024, and ii as soon as reasonably practicable. 4C The conditions are— a on the effective date of the acquisition of the major interest in the sold dwelling by the buyer or the buyer’s spouse, former spouse, civil partner or former civil partner, the sold dwelling had a fire safety defect that a buyer of the interest could not reasonably have known about, b a relevant person had a duty (to any extent) to remedy the fire safety defect, and c either — i the fire safety defect was not remedied on the effective date of the disposal transaction, or ii where the fire safety defect was remedied on the effective date of the disposal transaction, the disposal transaction was entered into as soon as reasonably practicable after the fire safety defect was remedied. 4D In sub-paragraph (4C)— “ fire safety defect ” (“ diffyg diogelwch tân ”), in relation to a sold dwelling, means a fire safety defect that is liable to— substantially reduce the number of persons interested in purchasing the sold dwelling than would be the case without the defect, or substantially reduce the market value of the sold dwelling than would be the case without the defect; “ relevant person ” (“ person perthnasol ”) means— where the major interest in the sold dwelling is a leasehold interest— the landlord of the person who had the major interest, or the developer of the sold dwelling; where the major interest in the sold dwelling is a freehold interest in commonhold land— the commonhold association for the sold dwelling, or the developer of the sold dwelling; where the major interest in the sold dwelling is a freehold interest (other than an interest in commonhold land), the developer of the sold dwelling. 4E In the definition of “relevant person” in sub-paragraph (4D), “ developer ” does not include a developer who is also the person who had the major interest. 5 Sub-paragraph (4)(c) does not apply in relation to a spouse or civil partner of the buyer if the two of them are not living together on the effective date of the disposal transaction (for the meaning of ““living together””, see paragraph 25(3)). 6 For further provision in connection with a dwelling becoming a replacement for the buyer's only or main residence, see paragraph 23. Replacement of main residence: transactions during interim period 9 1 This paragraph applies where— a the buyer in an intermediate transaction replaces a main residence in another transaction, and b the effective date of the intermediate transaction is during the interim period. 2 An intermediate transaction is a transaction— a that falls within paragraph 3(2), and b to which paragraph 5 does not apply. 3 In determining whether a transaction falls within paragraph 3(2) for the purposes of this paragraph, the reference in paragraph 3(3) to the end of the day that is the effective date of the transaction has effect as though it were a reference to the end of either or both of the following— a the day that is the effective date of the transaction; b the day on which the interim period ends. 4 For the purposes of this paragraph, a buyer replaces a main residence in another transaction if— a in relation to a dwelling in Wales, the conditions set out in paragraph 8(2) are met in respect of the transaction, b in relation to a dwelling in England or Northern Ireland, the conditions set out in paragraph 3(6) of Schedule 4ZA to the Finance Act 2003 (c. 14) are met in respect of the transaction, or c in relation to a dwelling in Scotland, the conditions set out in paragraph 2(2) of Schedule 2A to the Land and Buildings Transaction Tax (Scotland) Act 2013 (asp 11) are met in respect of the transaction. 5 In this paragraph, the interim period means— a where sub-paragraph (4)(a) applies, the period— i beginning with the effective date of the previous transaction within the meaning given by paragraph 8(2)(b), and ii ending with the effective date of the transaction concerned within the meaning given by paragraph 8(2)(a); b where sub-paragraph (4)(b) applies, the period— i beginning with the effective date of the previous transaction within the meaning given by paragraph 3(6)(b) of Schedule 4ZA to the Finance Act 2003 (c. 14), and ii ending with the effective date of the transaction concerned within the meaning given by paragraph 3(6)(a) of that Schedule; c where sub-paragraph (4)(c) applies, the period— i beginning with the date on which the buyer disposed of the ownership of a dwelling as provided for in paragraph 2(2)(a) of Schedule 2A to the Land and Buildings Transaction Tax (Scotland) Act 2013 (asp 11), and ii ending with the effective date of the transaction referred to in that paragraph. 6 For further provision in connection with an intermediate transaction being treated as a higher rates residential property transaction, see paragraph 24. PART 3 BUYER IS AN INDIVIDUAL: MULTIPLE DWELLING TRANSACTIONS Introductory 10 This Part sets out when a chargeable transaction is a ““higher rates residential property transaction”” for the purpose of regulations under section 24(1)(b) in the case of a transaction involving multiple dwellings where the buyer is an individual. Higher rates residential property transaction 11 1 A chargeable transaction is a higher rates residential property transaction if— a it falls within sub-paragraph (2), and b paragraph 13 or 15 applies. 2 A transaction falls within this sub-paragraph if— a the buyer is an individual, and b the main subject-matter of the transaction consists of a major interest in two or more dwellings (““the purchased dwellings””). 3 In this Part of this Schedule, “ "purchased dwellings” ” has the meaning given by sub-paragraph (2)(b). 4 Where paragraph 18 applies, an intermediate transaction (within the meaning given by that paragraph) is to be treated as a higher rates residential property transaction. 5 A transaction within section 72(9) is not a higher rates residential property transaction save where Schedule 13 applies (see in particular paragraph 6(6) of that Schedule). Two or more buyers 12 Where there are two or more buyers who are individuals in a transaction— a the transaction is a higher rates residential property transaction if paragraph 11 applies in relation to any one of the buyers; b an intermediate transaction (within the meaning given by paragraph 18(2)) is to be treated as a higher rates residential property transaction if paragraph 18 applies in relation to any one of the buyers. Two or more qualifying dwellings 13 1 This paragraph applies if at least two of the purchased dwellings are qualifying dwellings. 2 A purchased dwelling is a qualifying dwelling for the purposes of this Part of this Schedule if the amount of the chargeable consideration for the transaction which is attributable on a just and reasonable basis to the purchased dwelling is £40,000 or more. 3 But a purchased dwelling is not a qualifying dwelling if at the end of the day that is the effective date of the transaction— a the purchased dwelling is subject to a lease, b the main subject-matter of the transaction is reversionary on that lease, and c the lease meets the conditions set out in sub-paragraph (4). 4 The conditions are that— a the lease is not held by a person connected with the buyer, and b the lease has an unexpired term of more than 21 years. 5 A purchased dwelling is not a qualifying dwelling if the exception provided for in paragraph 14 applies (subsidiary dwelling exception). Subsidiary dwelling exception 14 1 A purchased dwelling is not a qualifying dwelling if it is subsidiary to any of the other purchased dwellings. 2 For the purposes of this paragraph, one of the purchased dwellings (““dwelling A””) is subsidiary to another of the purchased dwellings (““dwelling B””) if— a dwelling A is situated within the grounds of, or within the same building as, dwelling B, and b the amount of the chargeable consideration for the transaction which is attributable on a just and reasonable basis to dwelling B is equal to, or greater than, two thirds of the amount of the chargeable consideration for the transaction which is attributable on a just and reasonable basis to the following combined— i dwelling A, ii dwelling B, and iii each of the other purchased dwellings (if any) which are situated within the grounds of, or within the same building as, dwelling B. Buyer has a major interest in other dwelling 15 1 This paragraph applies if— a only one of the purchased dwellings is a qualifying dwelling, and b at the end of the day that is the effective date of the transaction— i the buyer has a major interest in a dwelling other than one of the purchased dwellings, and ii that interest has a market value of £40,000 or more. 2 But this paragraph does not apply if the interest described in sub-paragraph (1)(b) is reversionary on a lease which— a is not held by a person connected with the buyer, and b has an unexpired term of more than 21 years. 3 Where the buyer is jointly entitled with one or more persons to the major interest referred to in sub-paragraph (1)(b)(i), the reference in sub-paragraph (1)(b)(ii) to the market value of the interest is to the market value of the buyer's beneficial share in the interest as determined in accordance with sub-paragraph (4) or (5). 4 Where the buyer is beneficially entitled as a tenant in common, the market value of the buyer's beneficial share is equal to— MV × PI Figure 6 where— MV is the market value of the major interest, and PI is— the percentage of the interest to which the buyer is entitled, or where— the buyer and the buyer's spouse or civil partner are living together on the effective date of the transaction (for the meaning of ““living together””, see paragraph 25(3)), and taken together the buyer and the buyer's spouse or civil partner are entitled as tenants in common, the percentage of the interest to which the buyer and the buyer's spouse or civil partner are so entitled. 5 Where the buyer is beneficially entitled as a joint tenant, the market value of the buyer's beneficial share is equal to— MV JT Figure 7 where— MV is the market value of the major interest, and JT is the number of joint tenants entitled to the interest. 6 For the purpose of sub-paragraph (5), the buyer and the buyer's spouse or civil partner are to be treated as one joint tenant if— a they are living together on the effective date of the transaction (for the meaning of ““living together””, see paragraph 25(3)), and b they are beneficially entitled as joint tenants to the interest. 7 This paragraph applies subject to the exceptions provided for in— a paragraph 16 (interest in same main residence exception), and b paragraph 17 (replacement of main residence exception). Interest in same main residence exception 16 Paragraph 15 does not apply if the main subject-matter of the transaction is a major interest in the qualifying dwelling referred to in paragraph 15(1)(a), and that dwelling is one— a in which, immediately before the effective date of the transaction, the buyer or the buyer’s spouse or civil partner had another major interest, and b which, immediately before and after the effective date of the transaction, is the buyer's only or main residence. Replacement of main residence exception 17 1 Paragraph 15 does not apply if the qualifying dwelling referred to in paragraph 15(1)(a) is a replacement for the buyer's only or main residence. 2 For the purposes of this paragraph, a qualifying dwelling is a replacement for the buyer's only or main residence if— a on the effective date of the transaction (““the transaction concerned””) the buyer intends that qualifying dwelling to be the buyer's only or main residence, b in another land transaction (““the previous transaction””), the effective date of which was during the permitted period , the buyer or the buyer's spouse or civil partner at the time disposed of a major interest in another dwelling (““the sold dwelling””), c immediately after the effective date of the previous transaction, neither the buyer nor the buyer's spouse or civil partner had a major interest in the sold dwelling, d at any time during the permitted period referred to in paragraph (b) the sold dwelling was the buyer's only or main residence, and e at no time during the period beginning with the effective date of the previous transaction and ending with the effective date of the transaction concerned has the buyer or the buyer's spouse or civil partner acquired a major interest in any other dwelling with the intention of it being the buyer's only or main residence. 2A For the purposes of sub-paragraphs (2)(b) and (d), “ the permitted period ” means— a the period of 3 years ending with the effective date of the transaction concerned, or b any period ending with the effective date of the transaction concerned that is longer than 3 years if the conditions in sub-paragraph (2B) are met. 2B The conditions are— a a relevant restriction came into force during the period of 3 years beginning with the effective date of the previous transaction (“ the relevant period ”), b the relevant restriction had a substantial adverse effect on the buyer’s ability to acquire a dwelling as a replacement for the buyer’s only or main residence before the end of the relevant period, and c the transaction concerned is entered into— i on or after 12 July 2024, and ii as soon as reasonably practicable. 2C If the conditions in sub-paragraph (2B) are met, the buyer must include a statement in the return in respect of the transaction concerned that explains how the conditions in sub-paragraph (2B) are met. 3 Sub-paragraph (2)(c) does not apply in relation to a spouse or civil partner of the buyer if the two of them were not living together on the effective date of the transaction concerned (for the meaning of ““living together””, see paragraph 25(3)). 4 For the purposes of this paragraph, that qualifying dwelling may become a replacement for the buyer's only or main residence if— a on the effective date of the transaction (““the transaction concerned””) the buyer intended that qualifying dwelling to be the buyer's only or main residence, b in another land transaction (“the disposal transaction”) the effective date of which is during the permitted period , the buyer or the buyer's spouse, former spouse, civil partner or former civil partner disposes of a major interest in another dwelling (““the sold dwelling””), c immediately after the effective date of the disposal transaction , neither the buyer nor the buyer's spouse or civil partner has a major interest in the sold dwelling, and d at any time during the period of 3 years ending with the effective date of the transaction concerned the sold dwelling was the buyer's only or main residence. 4A For the purposes of sub-paragraph (4)(b), “ the permitted period ” means— a the period of 3 years beginning with the day after the effective date of the transaction concerned, or b any period beginning with the day after the effective date of the transaction concerned that is longer than 3 years if the conditions in sub-paragraph (4B) or sub-paragraph (4C) are met. 4B The conditions are— a a relevant restriction came into force during the period of 3 years beginning with the day after the effective date of the transaction concerned (“ the relevant period ”), b the relevant restriction had a substantial adverse effect on the ability of the buyer or the buyer’s spouse, former spouse, civil partner or former civil partner to dispose of the major interest in the sold dwelling before the end of the relevant period, and c the disposal transaction is entered into— i on or after 12 July 2024, and ii as soon as reasonably practicable. 4C The conditions are— a on the effective date of the acquisition of the major interest in the sold dwelling by the buyer or the buyer’s spouse, former spouse, civil partner or former civil partner the sold dwelling had a fire safety defect that a buyer of the interest could not reasonably have known about, b a relevant person had a duty (to any extent) to remedy the fire safety defect, and c either— i the fire safety defect was not remedied on the effective date of the disposal transaction, or ii where the fire safety defect was remedied on the effective date of the disposal transaction, the disposal transaction was entered into as soon as reasonably practicable after the fire safety defect was remedied. 4D In sub-paragraph (4C)— “ fire safety defect ” (“ diffyg diogelwch tân ”), in relation to a sold dwelling, means a fire safety defect that is liable to— substantially reduce the number of persons interested in purchasing the sold dwelling than would be the case without the defect, or substantially reduce the market value of the sold dwelling than would be the case without the defect; “ relevant person ” (“ person perthnasol ”) means— where the major interest in the sold dwelling is a leasehold interest— the landlord of the p who had the major interest, or the developer of the sold dwelling; where the major interest in the sold dwelling is a freehold interest in commonhold land— the commonhold association for the sold dwelling, or the developer of the sold dwelling; where the major interest in the sold dwelling is a freehold interest (other than an interest in commonhold land), the developer of the sold dwelling. 4E In the definition of “relevant person” in sub-paragraph (4D), “ developer ” does not include a developer who is also the person who had the major interest. 5 Sub-paragraph (4)(c) does not apply in relation to a spouse or civil partner of the buyer if the two of them are not living together on the effective date of the disposal transaction (for the meaning of ““living together””, see paragraph 25(3)). 6 For further provision in connection with a dwelling becoming a replacement for the buyer's only or main residence, see paragraph 23. Replacement of main residence: transactions during interim period 18 1 This paragraph applies where— a the buyer in an intermediate transaction replaces a main residence in another transaction, and b the effective date of the intermediate transaction is during the interim period. 2 An intermediate transaction is a transaction— a that falls within paragraph 11(2), b where only one of the purchased dwellings is a qualifying dwelling, and c to which paragraph 15 does not apply. 3 In determining whether a purchased dwelling is a qualifying dwelling for the purposes of this paragraph, the reference in paragraph 13(3) to the end of the day that is the effective date of the transaction has effect as though it were a reference to the end of either or both of the following— a the day that is the effective date of the transaction; b the day on which the interim period ends. 4 For the purposes of this paragraph, a buyer replaces a main residence in another transaction if— a in relation to a dwelling in Wales, the conditions set out in paragraph 17(2) are met in respect of the transaction, b in relation to a dwelling in England or Northern Ireland, the conditions set out in paragraph 3(6) of Schedule 4ZA to the Finance Act 2003 (c. 14) are met in respect of the transaction, or c in relation to a dwelling in Scotland, the conditions set out in paragraph 2(2) of Schedule 2A to the Land and Buildings Transaction Tax (Scotland) Act 2013 (asp 11) are met in respect of the transaction. 5 In this paragraph, the interim period means— a where sub-paragraph (4)(a) applies, the period— i beginning with the effective date of the previous transaction within the meaning given by paragraph 17(2)(b), and ii ending with the effective date of the transaction concerned within the meaning given by paragraph 17(2)(a); b where sub-paragraph (4)(b) applies, the period— i beginning with the effective date of the previous transaction within the meaning given by paragraph 3(6)(b) of Schedule 4ZA to the Finance Act 2003 (c. 14), and ii ending with the effective date of the transaction concerned within the meaning given by paragraph 3(6)(a) of that Schedule; c where sub-paragraph (4)(c) applies, the period— i beginning with the date on which the buyer disposed of the ownership of a dwelling as provided for in paragraph 2(2)(a) of Schedule 2A to the Land and Buildings Transaction Tax (Scotland) Act 2013 (asp 11), and ii ending with the effective date of the transaction referred to in that paragraph. 6 For further provision in connection with an intermediate transaction being treated as a higher rates residential property transaction, see paragraph 24. PART 4 BUYER IS NOT AN INDIVIDUAL Introductory 19 This Part sets out when a chargeable transaction where the buyer is not an individual is a ““higher rates residential property transaction”” for the purpose of regulations under section 24(1)(b). Transaction involving a dwelling 20 1 A chargeable transaction is a higher rates residential property transaction if— a the buyer is not an individual, b the main subject-matter of the transaction consists of a major interest in a dwelling (““the purchased dwelling””), and c the chargeable consideration for the dwelling is £40,000 or more. 2 But a transaction is not a higher rates residential property transaction under sub-paragraph (1) if at the end of the day that is the effective date of the transaction— a the purchased dwelling is subject to a lease, b the main subject-matter of the transaction is reversionary on that lease, and c the lease meets the conditions set out in sub-paragraph (3). 3 The conditions are that— a the lease is not held by a person connected with the buyer, and b the lease has an unexpired term of more than 21 years. Transaction involving multiple dwellings 21 1 A chargeable transaction is a higher rates residential property transaction if— a the buyer is not an individual, b the main subject-matter of the transaction consists of a major interest in two or more dwellings (““the purchased dwellings””), and c at least one of the purchased dwellings is a dwelling to which sub-paragraph (2) applies. 2 This sub-paragraph applies to a purchased dwelling if the amount of the chargeable consideration for the transaction which is attributable on a just and reasonable basis to the purchased dwelling is £40,000 or more. 3 But sub-paragraph (2) does not apply to a purchased dwelling if at the end of the day that is the effective date of the transaction— a the purchased dwelling is subject to a lease, b the main subject-matter of the transaction is reversionary on that lease, and c the lease meets the conditions set out in sub-paragraph (4). 4 The conditions are that— a the lease is not held by a person connected with the buyer, and b the lease has an unexpired term of more than 21 years. 5 A transaction within section 72(9) is not a higher rates residential property transaction save where Schedule 13 applies (see in particular paragraph 6(6) of that Schedule). Two or more buyers 22 Where there are two or more buyers in a transaction, the transaction is a higher rates residential property transaction if paragraph 20 or 21 applies in relation to any one of the buyers. PART 5 SUPPLEMENTARY PROVISIONS Further provision in connection with replacement of main residence exception 23 1 This paragraph applies where by reason of paragraph 8(4) or 17(4) a chargeable transaction (““the transaction concerned””) ceases to be a higher rates residential property transaction for the purpose of regulations under section 24(1)(b). 2 The land transaction (““the subsequent transaction””) by reference to which the condition in paragraph 8(4)(b) or 17(4)(b) was met may not be taken into account for the purposes of paragraph 8(2)(b) or 17(2)(b) in determining whether any other chargeable transaction is a higher rates residential property transaction. 3 Sub-paragraph (4) applies where— a the effective date of the subsequent transaction falls on or before the filing date for the return in respect of the transaction concerned, and b the return has not been made. 4 The buyer may, when making the return in respect of the transaction concerned, treat the purchased dwelling referred to in paragraph 8(4) or 17(4) as though it had been a replacement for the buyer's only or main residence on the effective date of the transaction concerned; and in such a case the transaction concerned is to be treated as if it had never been a higher rates residential property transaction. 5 Sub-paragraph (6) applies where the effect of the transaction concerned ceasing to be a higher rates residential property transaction is that less tax is payable in respect of it than the buyer has already paid in accordance with a return made for that transaction. 6 In order to obtain repayment of the amount of tax overpaid, the buyer may— a within the period allowed for amendment of the return, amend it accordingly (see section 41 of TCMA); b after the end of that period (if that return is not so amended), make a claim for repayment of the amount overpaid in accordance with Chapter 7 of Part 3 of TCMA. 7 If the effective date of the disposal transaction (within the meaning of paragraph 8(4)(b)) is within the period mentioned in paragraph 8(4A)(b) by virtue of the conditions in paragraph 8(4B) being met— a section 78 of TCMA applies for the purposes of sub-paragraph (6) as if for “4 years” to the end there were substituted “12 months beginning with the effective date of the disposal transaction (within the meaning of paragraph 8(4)(b) of Schedule 5 to the LTTA) by reference to which the transaction concerned (within the meaning of paragraph 23(1) of that Schedule) ceases to be a higher rates residential property transaction for the purpose of regulations under section 24(1)(b) of LTTA.” ; b the claim must explain how the conditions in paragraph 8(4B) are met. 8 If the effective date of the disposal transaction (within the meaning of paragraph 8(4)(b)) is within the period mentioned in paragraph 8(4A)(b) by virtue of the conditions in paragraph 8(4C) being met— a section 78 of TCMA applies for the purposes of sub-paragraph (6) as if for “4 years” to the end there were substituted “12 months beginning with— i the effective date of the disposal transaction (within the meaning of paragraph 8(4)(b) of Schedule 5 to the LTTA) by reference to which the transaction concerned (within the meaning of paragraph 23(1) of that Schedule) ceases to be a higher rates residential property transaction for the purpose of regulations under section 24(1)(b) of LTTA if the effective date of the disposal transaction is on or after 12 July 2024 , or ii 12 July 2024 if the effective date of the disposal transaction (within the meaning of paragraph 8(4)(b) of Schedule 5 to the LTTA) by reference to which the transaction concerned (within the meaning of paragraph 23(1) of that Schedule) ceases to be a higher rates residential property transaction for the purpose of regulations under section 24(1)(b) of LTTA is on or after 1 April 2021 but before 12 July 2024.”; b the claim must explain how the conditions in paragraph 8(4C) are met. 9 If the effective date of the disposal transaction (within the meaning of paragraph 17(4)(b)) is within the period mentioned in paragraph 17(4A)(b) by virtue of the conditions in paragraph 17(4B) being met— a section 78 of TCMA applies for the purposes of sub-paragraph (6) as if for “4 years” to the end there were substituted “12 months beginning with the effective date of the disposal transaction (within the meaning of paragraph 17(4)(b) of Schedule 5 to the LTTA) by reference to which the transaction concerned (within the meaning of paragraph 23(1) of that Schedule) ceases to be a higher rates residential property transaction for the purpose of regulations under section 24(1)(b) of LTTA.” ; b the claim must explain how the conditions in paragraph 17(4B) are met. 10 If the effective date of the disposal transaction (within the meaning of paragraph 17(4)(b)) is within the period mentioned in paragraph 17(4A)(b) by virtue of the conditions in paragraph 17(4C) being met— a section 78 of TCMA applies for the purposes of sub-paragraph (6) as if for “4 years” to the end there were substituted “12 months beginning with— i the effective date of the disposal transaction (within the meaning of paragraph 17(4)(b) of Schedule 5 to the LTTA) by reference to which the transaction concerned (within the meaning of paragraph 23(1) of that Schedule) ceases to be a higher rates residential property transaction for the purpose of regulations under section 24(1)(b) of LTTA if the effective date of the disposal transaction is on or after 12 July 2024 , or ii 12 July 2024 if the effective date of the disposal transaction (within the meaning of paragraph 17(4)(b) of Schedule 5 to the LTTA) by reference to which the transaction concerned (within the meaning of paragraph 23(1) of that Schedule) ceases to be a higher rates residential property transaction for the purpose of regulations under section 24(1)(b) of LTTA is on or after 1 April 2021 but before 12 July 2024.”; b the claim must explain how the conditions in paragraph 17(4C) are met. Further provision in connection with transactions being treated as higher rates residential property transactions 24 1 This paragraph applies where by reason of the application of paragraph 9 or 18 a chargeable transaction (““the intermediate transaction””) is treated as a higher rates residential property transaction. 2 The intermediate transaction is treated as a higher rates residential property transaction for the purposes of this Act as from the end of the interim period that applies in accordance with paragraph 9(5) or 18(5). 3 The buyer in the intermediate transaction must make a return to WRA in respect of that transaction. 4 A return made under this paragraph must— a be made before the end of the period of 30 days beginning with the day after the end of the interim period that applies in accordance with paragraph 9(5) or 18(5), and b include a self-assessment. Spouses and civil partners purchasing alone 25 1 Sub-paragraph (2) applies in relation to a chargeable transaction if— a the buyer (or one of them) is married or in a civil partnership on the effective date, b the buyer and the buyer's spouse or civil partner are living together on that date, and c the buyer's spouse or civil partner is not a buyer in the transaction. 2 The transaction is to be treated as being a higher rates residential property transaction if it would have been a higher rates residential property transaction had the buyer's spouse or civil partner been a buyer. 3 Individuals who are married to, or are civil partners of, each other are treated for the purposes of this Schedule as living together unless— a they are separated under an order of a court of competent jurisdiction, b they are separated by a deed of separation, or c they are in fact separated in circumstances in which the separation is likely to be permanent. Property adjustment on divorce, dissolution of civil partnership etc. 26 1 For the purpose of determining whether paragraph 5 or 15 applies to a chargeable transaction, the buyer is not to be treated as having a major interest in another dwelling to which sub-paragraphs (2) and (3) apply. 2 This sub-paragraph applies to a dwelling the interest in which is held by the buyer as a tenant in common in consequence of— a an order under section 24(1)(b) of the Matrimonial Causes Act 1973 (c. 18) (property adjustments orders in connection with matrimonial proceedings), b an order under section 17(1)(a)(ii) of the Matrimonial and Family Proceedings Act 1984 (c. 42) (property adjustment orders after overseas divorce) corresponding to such an order as is mentioned in paragraph (a), c an order under paragraph 7(1)(b) of Schedule 5 to the Civil Partnership Act 2004 (c. 33) (property adjustment orders in connection with dissolution etc. of civil partnership), or d an order under paragraph 9 of Schedule 7 to the Civil Partnership Act 2004 (c. 33) (property adjustment orders in connection with overseas dissolution etc. of civil partnership) corresponding to such an order as is mentioned in paragraph (c). 3 This sub-paragraph applies to a dwelling that is the only or main residence of a person for the benefit of whom an order referred to in sub-paragraph (2) is made. Settlements and bare trusts 27 1 Sub-paragraph (3) applies in relation to a land transaction if— a the main subject-matter of the transaction consists of a major interest in one or more dwellings, b the buyer (or one of them) is acting as trustee of a settlement, and c under the terms of the settlement a beneficiary will be entitled to— i occupy the dwelling or dwellings for life, or ii income earned in respect of the dwelling or dwellings. 2 Sub-paragraph (3) also applies in relation to a land transaction if— a the main subject-matter of the transaction consists of a term of years absolute in a dwelling, and b the buyer (or one of them) is acting as a trustee of a bare trust (within the meaning given by paragraph 2(1) and (2) of Schedule 8). 3 Where this sub-paragraph applies in relation to a land transaction the beneficiary of the settlement or bare trust (rather than the trustee) is to be treated for the purposes of this Schedule as the buyer (or as one of them). 4 Paragraphs 3(3) and 4 of Schedule 8 (trustees to be treated as the buyer) have effect subject to sub-paragraph (3). 28 1 Sub-paragraph (3) applies where— a a person is a beneficiary under a settlement, b a major interest in a dwelling forms part of the trust property, and c under the terms of the settlement, the beneficiary is entitled to— i occupy the dwelling for life, or ii income earned in respect of the dwelling. 2 Sub-paragraph (3) also applies where— a a person is a beneficiary under a bare trust (within the meaning given by paragraph 2(1) and (2) of Schedule 8), and b a term of years absolute in a dwelling forms part of the trust property. 3 Where this sub-paragraph applies— a the beneficiary is to be treated for the purposes of this Schedule as holding the interest in the dwelling, and b if the trustee of the settlement or bare trust disposes of the interest, the beneficiary is to be treated for the purposes of this Schedule as having disposed of it. 29 1 Where— a the main subject-matter of a land transaction consists of an interest other than a major interest in a dwelling, and b sub-paragraph (2) or (3) applies in relation to the transaction, then, for the avoidance of doubt, the effect of paragraph 28 of this Schedule or, as the case may be, paragraph 3(1) of Schedule 8, is that the main subject-matter of the transaction is to be treated for the purposes of this Schedule as consisting of a major interest in a dwelling. 2 This sub-paragraph applies in relation to a transaction where— a a major interest in the dwelling is held on a bare trust for a beneficiary (““B””), b there is a disposal of the whole or part of B's interest in the dwelling, c immediately before the effective date of the transaction— i the major interest is, by virtue of paragraph 3(1) of Schedule 8, treated as if it were vested in B, or ii B is, by virtue of paragraph 28, treated as holding the major interest in the dwelling, and d immediately after the effective date of the transaction— i the major interest is, by virtue of paragraph 3(1) of Schedule 8, treated as if it were vested in the buyer, or ii the buyer is, by virtue of paragraph 28, treated as holding the major interest. 3 This sub-paragraph applies in relation to a transaction where— a a person (““B””) is a beneficiary under a settlement where a major interest in the dwelling forms part of the trust property, b under the terms of the settlement B is entitled to— i occupy the dwelling for life, or ii income earned in respect of the dwelling, c there is a disposal of the whole or part of B's interest in the dwelling, d immediately before the effective date of the transaction B is, by virtue of paragraph 28, treated as holding the major interest in the dwelling, and e immediately after the effective date of the transaction the buyer is, by virtue of that paragraph, treated as holding the major interest. 4 In determining whether sub-paragraph (2) or (3) applies to a transaction, ignore paragraphs 30 and 35(5). 30 1 This paragraph applies where, by reason of paragraph 27 or 28 or paragraph 3(1) of Schedule 8 (bare trusts), the child of a person (““P””) would (but for this paragraph) be treated for the purposes of this Schedule as— a being the buyer in relation to a land transaction, b holding an interest in a dwelling, or c having disposed of an interest in a dwelling. 2 Where this paragraph applies— a P and any spouse or civil partner of P are to be treated for the purposes of this Schedule as being the buyer, holding the interest or (as the case may be) having disposed of the interest, and b the child is not to be so treated. 3 Sub-paragraph (2)(a) does not apply in relation to a spouse or civil partner of P if the two of them are not living together (for the meaning of which, see paragraph 25(3)). 4 This paragraph does not apply where— a a person (““D””) acquires, holds or disposes of, a major interest in a dwelling in a child's name or on the child's behalf, b D does so in the exercise of powers conferred on D as the deputy of the child, and c D holds or, in the case of a disposal, held, that interest on trust for the child. 5 In sub-paragraph (4), “ "deputy” ” means— a a person appointed under section 16 of the Mental Capacity Act 2005 (c. 9), or b a person appointed to an equivalent position under the law of a country or territory outside England and Wales (and accordingly the reference to an interest being held on trust by such a person is to its being held on an equivalent basis under that law). 31 1 This paragraph applies in relation to a land transaction if— a the main subject-matter of the transaction consists of a major interest in one or more dwellings, b the buyer (or one of them) is acting as trustee of a settlement, c that buyer is an individual, and d under the terms of the settlement a beneficiary is not entitled to— i occupy the dwelling or dwellings for life, or ii income earned in respect of the dwelling or dwellings. 2 In determining whether paragraph 20 or 21 applies to the transaction— a if the buyer mentioned in sub-paragraph (1) is the only buyer, ignore sub-paragraph (1)(a) of those paragraphs, and b if that buyer is not the only buyer, ignore sub-paragraph (1)(a) of those paragraphs when having regard to that buyer. Partnerships 32 1 Sub-paragraph (2) applies in relation to a chargeable transaction, the subject-matter of which consists of a major interest in one or more dwellings if— a the buyer (or one of them) is a partner in a partnership, but b the buyer does not enter into the transaction for the purposes of the partnership. 2 For the purposes of determining whether paragraph 5 or 15 applies to the transaction, any major interest in any other dwelling that is held by or on behalf of the partnership for the purposes of a trade carried on by the partnership is not to be treated as held by or on behalf of the buyer. 3 Paragraph 4(1)(a) of Schedule 7 (chargeable interests held by partnerships treated as held by the partners) has effect subject to sub-paragraph (2). Alternative finance arrangements 33 1 This paragraph applies in relation to a chargeable transaction which is the first transaction under an alternative finance arrangement entered into between a person and a financial institution. 2 The person (rather than the institution) is to be treated for the purposes of this Schedule as the buyer in relation to the transaction. 3 In this paragraph— “ "alternative finance arrangement” ” (“ " trefniant cyllid arall ”") means an arrangement of a kind mentioned in paragraph 2(1) or 3(1) of Schedule 10 (alternative property finance reliefs); “ "financial institution” ” (“ " sefydliad ariannol ”") has the meaning given by paragraph 8 of that Schedule; “ "first transaction” ” (“ " trafodiad cyntaf ”"), in relation to an alternative finance arrangement, has the meaning given by paragraph 2(1)(a) or 3(1)(a) of that Schedule. Major interests in dwellings inherited jointly 34 1 This paragraph applies where by virtue of an inheritance— a a person (““P””) becomes jointly entitled with one or more other persons to a major interest in a dwelling, and b P's beneficial share in the interest does not exceed 50% (see sub-paragraph (4)). 2 P is not to be treated for the purposes of paragraph 5(1)(a) or 15(1)(b) as having the major interest at any time during the period of 3 years beginning with the date of the inheritance. 3 But if at any time during that period of 3 years P becomes the only person beneficially entitled to the whole of the interest or P's beneficial share in the interest exceeds 50% P is, from that time, to be treated as having the major interest for the purposes of the application of paragraphs 5(1)(a) and 15(1)(b) (subject to any disposal by P). 4 P's share in the interest exceeds 50% if— a P is beneficially entitled as a tenant in common or coparcener to more than half the interest, b P and P's spouse or civil partner taken together are beneficially entitled as tenants in common or coparceners to more than half the interest, or c P and P's spouse or civil partner are beneficially entitled as joint tenants to the interest and there is no more than one other joint tenant who is so entitled. 5 Sub-paragraph (4)(b) and (c) do not apply if, on the effective date of the transaction referred to in paragraph 5 or 15, P and P's spouse or civil partner are not living together (for the meaning of ““living together””, see paragraph 25(3)). 6 In this paragraph “ "inheritance” ” means the acquisition of an interest in or towards satisfaction of an entitlement under or in relation to the will of a deceased person, or on the intestacy of a deceased person. 7 This paragraph applies in relation to an interest acquired following a person's death as a result of a variation of a disposition (whether effected by will, under the law relating to intestacy or otherwise) of property comprised in that person's estate made within the period of 2 years after the person's death, as it applies in relation to an inheritance; and in such a case the reference in sub-paragraph (2) to the date of the inheritance means the date of the acquisition of the interest in accordance with the variation. PART 6 INTERPRETATION Dwellings outside Wales 35 1 In the provisions of this Schedule specified in sub-paragraph (4), references to a ““dwelling”” include references to a dwelling situated outside Wales. 2 In relation to a dwelling situated in England, those provisions are to be construed in accordance with the provisions of the Finance Act 2003 (c. 14). 3 In the application of those provisions in relation to a dwelling situated in a country or territory outside England and Wales— a references to a ““major interest”” in the dwelling are to an equivalent interest in the dwelling under the law of that country or territory, b references to persons being beneficially entitled as joint tenants, tenants in common or coparceners to an interest in the dwelling are to persons having an equivalent entitlement to the interest in the dwelling under the law of that country or territory, c references to a “ "land transaction” ” in relation to the dwelling are to the acquisition of an interest in the dwelling under the law of that country or territory, d references to the “ "effective date” ” of a land transaction in relation to the dwelling are to the date on which the interest in the dwelling is acquired under the law of that country or territory, ... e references to ““inheritance”” are to the acquisition of an interest from a deceased person's estate in accordance with the laws of that country or territory concerning the inheritance of property. f references to “ relevant restrictions ” are references to a prohibition or restriction of any activity by the law of that country or territory or by a public authority of that country or territory by virtue of such a law for the purpose of preventing and controlling or mitigating the effects of an emergency, and g the reference to “emergency” in paragraph (f), if the dwelling is situated outside the United Kingdom, is to be interpreted as if each reference to the United Kingdom in section 19(1) of the Civil Contingencies Act 2004 (c. 36) were a reference to the country or territory in which the dwelling is situated. 4 The provisions of this Schedule referred to in sub-paragraphs (1), (2) and (3) are— a paragraph 5(1)(a), b paragraph 8(2)(b), (c), (d) and (e); paragraph 8(2A)(a) and (b); paragraph 8(2B)(a) and (c); paragraph 8(4)(b), (c) and (d); paragraph 8(4A)(a) and (b); paragraph 8(4B)(a) and (c) and paragraph 8(4C)(a), c paragraph 9(4), d paragraph 15(1)(b), e paragraph 17(2)(b), (c), (d) and (e); paragraph 17(2A)(a) and (b); paragraph 17(2B)(a) and (c); paragraph 17(4)(b), (c) and (d); paragraph 17(4A)(a) and (b); paragraph 17(4B)(a) and (c) and paragraph 17(4C)(a), f paragraph 18(4), g paragraph 26, h paragraph 28, i paragraph 32(2), and j paragraph 34. 5 Where the child of a person (““P””) has an interest in a dwelling which is situated in a country or territory outside Wales— a P and any spouse or civil partner of P are to be treated for the purposes of this Schedule as having that interest, and b the child is not to be so treated. 6 Sub-paragraph (5)(a) does not apply in relation to a spouse or civil partner of P if the two of them are not living together (for the meaning of which, see paragraph 25(3)). 7 Sub-paragraph (5) does not apply where— a a person (““D””) acquires, holds or disposes of, a major interest in a dwelling in a child's name or on the child's behalf, b D does so in the exercise of powers conferred on D as the deputy of the child, and c D holds or, in the case of a disposal, held, that interest on trust for the child. 8 In sub-paragraph (7), “ "deputy” ” means— a a person appointed under section 16 of the Mental Capacity Act 2005 (c. 9), or b a person appointed to an equivalent position under the law of a country or territory outside England and Wales (and accordingly the reference to an interest being held on trust by such a person is to its being held on an equivalent basis under that law). What counts as a dwelling 36 1 This paragraph sets out rules for determining what counts as a dwelling for the purposes of this Schedule. 2 A building or part of a building counts as a dwelling if— a it is used or suitable for use as a dwelling, or b it is in the process of being constructed or adapted for such use. 3 Land that is, or is to be, occupied or enjoyed with a dwelling as a garden or grounds (including any building or structure on that land) is taken to be part of that dwelling. 4 Land that subsists, or is to subsist, for the benefit of a dwelling is taken to be part of that dwelling. 5 The main subject-matter of a transaction is also taken to consist of or include an interest in a dwelling if— a substantial performance of a contract constitutes the effective date of that transaction by virtue of a relevant deeming provision, b the main subject-matter of the transaction consists of or includes an interest in a building, or a part of a building, that is to be constructed or adapted under the contract for use as a dwelling, and c construction or adaptation of the building, or part of a building, has not begun by the time the contract is substantially performed. 6 In sub-paragraph (5)— “ "contract” ” (“ " contract ”") includes any agreement; “ "relevant deeming provision” ” (“ " darpariaeth dybio berthnasol ”") means any of sections 10 to 13 or paragraph 8(1) to (5) of Schedule 2 (pre-completion transactions) or paragraph 20 of Schedule 6 (agreement for lease); “ "substantially performed” ” (“ " cyflawni'n sylweddol ”") has the same meaning as in section 14. 7 A building or part of a building used for a purpose specified in section 72(4) or (5) is not used as a dwelling for the purposes of sub-paragraph (2) or (5). 8 Where a building or part of a building is used for a purpose mentioned in sub-paragraph (7), no account is to be taken for the purposes of sub-paragraph (2) of its suitability for any other use. Major interest not to include certain leases 37 For the purposes of this Schedule, any term of years absolute or leasehold estate is not a ““major interest”” if its term does not exceed 7 years on the date of its grant. Meaning of emergency, public authority and relevant restriction 38 1 For the purposes of this Schedule— “ emergency ” (“ argyfwng ”) has the meaning given by section 19 of the Civil Contingencies Act 2004 (c. 36) and is not restricted to events or situations in relation to which powers are exercised under that Act; “ public authority ” (“ awdurdod cyhoeddus ”) means a person carrying out a function of a public nature; “ relevant restriction ” (“ cyfyngiad perthnasol ”) means a prohibition or restriction of any activity by an enactment, or by a public authority by virtue of an enactment, for the purpose of preventing, controlling or mitigating the effects of an emergency. 2 In sub-paragraph (1) “ relevant restriction ” does not include a prohibition or restriction that ceased to have effect before 12 July 2024. SCHEDULE 6 LEASES (as introduced by section 32(2)) PART 1 INTRODUCTORY Overview 1 1 This Schedule makes provision about the application of this Act in relation to leases. 2 The Schedule is arranged as follows— a Part 2 makes provision about determining the duration of a lease for the purposes of this Act and associated provision about leases with overlapping terms; b Part 3 makes provision about the treatment of consideration in relation to leases, including rent and consideration other than rent and makes provision about not treating certain consideration as chargeable consideration; c Part 4 makes provision about agreements for lease and the treatment of certain assignments and variations of leases for the purposes of this Act; d Part 5 makes provision for no tax to be chargeable on the rent element of residential leases, sets out how the charge to tax is to be calculated on the rent element of other leases and makes provision about the calculation of the tax charge in relation to consideration other than rent. PART 2 DURATION OF LEASE AND TREATMENT OF OVERLAPPING LEASES Lease for a fixed term 2 In applying any provision of this Act to a lease for a fixed term no account is to be taken of— a any contingency as a result of which the lease may be terminated before the end of the fixed term, or b any right of either party to terminate the lease or renew it. Leases that continue after a fixed term 3 1 This paragraph applies to— a a lease granted for a fixed term and thereafter until terminated, or b a lease granted for a fixed term that may continue beyond the fixed term by operation of law. 2 For the purposes of this Act (except section 46 (notifiable transactions: exceptions)) a lease to which this paragraph applies is treated— a in the first instance as if it were a lease for the original fixed term and no longer; b if the lease continues after the end of that term, as if it were a lease for a fixed term one year longer than the original fixed term; c if the lease continues after the end of the term resulting from the application of paragraph (b), as if it were a lease for a fixed term two years longer than the original fixed term, and so on (but see sub-paragraph (5)). 3 For the purposes of section 46 (notifiable transactions: exceptions) a lease to which this paragraph applies is treated as granted for a period equal to the original fixed term. 4 Where— a a lease is treated, by virtue of sub-paragraph (2), as continuing for a period longer than the original fixed term, and b as a result additional tax is payable in respect of a land transaction or tax is payable in respect of a land transaction where none was payable, the buyer must make a return or further return (including a self-assessment) in respect of the land transaction before the end of the period of 30 days beginning with the day after the end of the period for which the lease is treated as continuing. 5 Where— a a lease would, by virtue of sub-paragraph (2), be treated as continuing for a period (or further period) of one year, but b it actually terminates at a time during that one year period, the lease is to be treated as continuing under sub-paragraph (2) only until it terminates; and sub-paragraph (4) applies accordingly. 6 This paragraph is subject to paragraphs 4 and 8 (rent under a continuing lease to be treated as rent under a new lease). Leases that continue after a fixed term: grant of a new lease 4 1 This paragraph applies where— a (ignoring this paragraph) paragraph 3 would apply to treat a lease (““the original lease””) as if it were a lease for a fixed term one year longer than the original fixed term, b during that one year period the tenant under that lease is granted a new lease of the same or substantially the same premises, c the term of the new lease begins during that one year period, and d paragraph 8 (tenant holding over: new lease backdated to previous year) does not apply. 2 Paragraph 3 does not apply to treat the lease as continuing after the original fixed term. 3 The term of the new lease is treated for the purposes of this Act as beginning with the day after the end of the original fixed term. 4 Any rent which, in the absence of this paragraph, would be payable under the original lease in respect of that one year period is to be treated as payable under the new lease (and paragraph 9(3) does not apply to that rent). 5 Where the fixed term of a lease has previously been treated as extended (on one or more occasions) under paragraph 3, this paragraph applies as if references to the original fixed term were references to the previously extended fixed term. Leases for an indefinite term 5 1 For the purposes of this Act (except section 46 (notifiable transactions: exceptions))— a a lease for an indefinite term is treated in the first instance as if it were a lease for a fixed term of a year; b if the lease continues after the end of the term resulting from the application of paragraph (a), it is treated as if it were a lease for a fixed term of 2 years; c if the lease continues after the end of the term resulting from the application of paragraph (b), it is treated as if it were a lease for a fixed term of 3 years, and so on. 2 But where— a a lease is treated, by virtue of sub-paragraph (1) as if it were a lease for a fixed term of 2 or more years, and b it actually terminates before the end of that fixed term, the lease is to be treated as continuing under sub-paragraph (1) only until it terminates; and sub-paragraph (5) applies accordingly. 3 For the purposes of section 46 (notifiable transactions: exceptions) a lease for an indefinite term is treated as granted for a period of less than 7 years. 4 For the purposes of this Act, no account is to be taken of any other enactment deeming a lease for an indefinite term to be a lease for a different term. 5 Where— a a lease is treated, by virtue of sub-paragraph (1), as being for a fixed term, b the lease continues after the end of that term and accordingly is treated as being for a longer fixed term, and c as a result of the lease continuing, additional tax is payable in respect of a land transaction or tax is payable in respect of a land transaction where none was payable, the buyer must make a return or further return (including a self-assessment) in respect of the land transaction before the end of the period of 30 days beginning with the day after the end of the longer fixed term for which the lease is treated as continuing. 6 Where— a a lease is treated, by virtue of sub-paragraph (1), as being for a fixed term of one year, b the lease actually terminates before the end of that fixed term, and c had the lease been granted for a fixed term ending on the date on which it actually terminates, less tax would have been chargeable than the amount assessed as such in the return made in respect of the grant of the lease, the buyer may, within the period allowed for amendment of the return, amend it accordingly (for provision as to amendment of returns, see section 41 of TCMA). Successive linked leases 6 1 For the purposes of this Act a series of linked leases are treated as a single lease— a granted at the time of the grant of the first lease in the series, b for a term equal to the aggregate of the terms of all the leases, and c in consideration of the rent payable under all of the leases. 2 Two or more leases constitute ““a series of linked leases”” if they— a are successive leases granted or treated as granted (whether at the same time or at different times) of the same or substantially the same premises, and b are linked transactions. 3 The grant of later leases in the series is accordingly disregarded for the purposes of this Act except section 51 (return or further return in consequence of later linked transaction). Rent for overlap period in case of grant of further lease 7 1 This paragraph applies where— a the tenant under a lease (““the old lease””) surrenders it to the landlord and in consideration of that surrender the landlord grants a lease to the tenant of the same or substantially the same premises (“ "the new lease” ”), b the tenant under a lease (““the old lease””) of premises to which Part 2 of the Landlord and Tenant Act 1954 (c. 56) (security of tenure for business, professional and other tenants) applies, makes a request for a new tenancy (“ "the new lease” ”) which is then executed, c on termination of a lease (““the head lease””) a sub-tenant is granted a lease (“ "the new lease” ”) of the same or substantially the same premises as those comprised in the sub-tenant's original lease (““the old lease””) in pursuance of— i an order of a court on a claim for relief against re-entry or forfeiture, or ii a contractual entitlement arising in the event of the head lease being terminated, or d a person who has guaranteed the obligations of a tenant under a lease that has been terminated (““the old lease””) is granted a lease of the same or substantially the same premises (“ "the new lease” ”) in pursuance of the guarantee. 2 For the purposes of this Act, the rent payable under the new lease in respect of any period falling within the overlap period is treated as reduced by the amount of the taxable rent that would have been payable in respect of that period under the old lease (but it cannot be treated as being reduced to a negative amount). 3 For the purposes of sub-paragraph (2)— a the ““overlap period”” is the period between the date of the grant of the new lease and what would have been the end of the term of the old lease had it not been terminated; b rent is ““taxable”” if or to the extent that it is taken into account in determining the tax chargeable in respect of the acquisition of the old lease. Tenant holding over: new lease backdated to previous year 8 1 This paragraph applies where— a the tenant under a lease (““the old lease””) continues in occupation after the date on which, under its terms, the lease terminates (““the contractual termination date””), b the tenant is granted a lease of the same or substantially the same premises (“ "the new lease” ”), c the new lease is granted on a date falling more than one year after the contractual termination date, and d the term of the new lease is expressed to begin on a date falling within the period — i beginning with the contractual termination date, and ii ending with the latest anniversary of that date falling before the date on which the new lease is granted, (““the whole years of holdover””). 2 The term of the new lease is treated for the purposes of this Act as beginning with the date on which it is expressed to begin. 3 The rent payable under the new lease in respect of the period— a beginning with the date on which the new lease is expressed to begin, and b ending at the end of the whole years of holdover, is treated for the purposes of this Act as reduced by the amount of taxable rent payable in respect of the holdover tenancy for that period (but it cannot be treated as being reduced to a negative amount). 4 The holdover tenancy is treated for the purposes of this Act as a lease for a fixed term ending at the end of the whole years of holdover. 5 For the purposes of this paragraph— a “ "holdover tenancy” ” means— i the old lease if it continues beyond the contractual termination date (whether by virtue of the lease being granted for a fixed term and thereafter until terminated or by operation of law), or ii any other tenancy of the same or substantially the same premises by virtue of which the tenant under the old lease continues in occupation after the contractual termination date; b rent is ““taxable”” if or to the extent that it is taken into account in determining the tax chargeable in respect of the acquisition of the holdover tenancy. PART 3 RENT AND OTHER CONSIDERATION Rent 9 1 For the purposes of this Act, a single sum expressed to be payable in respect of rent and other matters but not apportioned is to be treated as entirely rent. 2 Sub-paragraph (1) is without prejudice to the application of paragraph 4 of Schedule 4 (chargeable consideration: just and reasonable apportionment) where separate sums are expressed to be payable in respect of rent and other matters. 3 For the purposes of this Act, “ "rent” ” does not include any chargeable consideration for the grant of a lease that is payable in respect of a period before the grant of the lease. Variable or uncertain rent 10 1 This paragraph applies where the amount of rent payable under a lease— a varies in accordance with provision in the lease, or b is contingent, uncertain or unascertained. 2 As regards rent payable in respect of any period before the end of the fifth year of the term of the lease— a this Act applies as in relation to other chargeable consideration, and b accordingly sections 19 and 20 apply if the amount is contingent, uncertain or unascertained. 3 As regards rent payable in respect of any period after the end of the fifth year of the term of the lease, the annual amount of rent is assumed, in every case, to be the equal to the highest amount of rent payable in respect of any period of 12 consecutive months in the first 5 years of the term. 4 In determining that amount— a disregard paragraphs 7(2) and 8(3) (where further lease granted, deemed reduction of rent for overlap period), and b if necessary, take into account any amounts determined in accordance with sub-paragraph (2)(b). 5 This paragraph is subject to paragraph 12 (adjustment where rent ceases to be uncertain). 6 For the purposes of this paragraph and paragraph 12, the cases where the amount of rent payable under a lease is uncertain or unascertained include cases where there is a possibility of that amount being varied under— a section 12, 13 or 33 of the Agricultural Holdings Act 1986 (c. 5) (provisions relating to increases, reductions and other variations of rent), or b Part 2 of the Agricultural Tenancies Act 1995 (c. 8) (rent review under farm business tenancy). 7 For the purposes of this Act, no account is to be taken of any provision for rent to be adjusted in line with the retail prices index, consumer prices index or any other similar index used to express a rate of inflation. First rent review in final quarter of fifth year 11 Where— a a lease contains provision under which the rent may be adjusted, b under that provision the first (or only) such adjustment— i is to an amount that (before that adjustment) is uncertain, and ii has effect from a date (the ““review date””) that is expressed as falling 5 years after a specified date, and c the specified date falls within the period of 3 months before the beginning of the term of the lease, this Act applies as if references to the first 5 years of the term of the lease were to the period beginning with the start of the term and ending with the review date and references to the fifth year of the term of the lease are to be read accordingly. Adjustment of tax where rent determined on reconsideration date 12 1 Where, in the case of a land transaction relating to a lease— a section 19 or 20 (contingent, uncertain or unascertained consideration) applies to the land transaction by virtue of paragraph 10, and b the reconsideration date is reached, the buyer in the transaction must, on the reconsideration date, determine the rent paid or payable in respect of the first 5 years of the term of the lease. 2 Paragraphs 13 and 14 make provision for the adjustment of tax payable in respect of a land transaction (and of any transaction linked to such a transaction) as a result of such a determination. 3 For the purposes of this paragraph and paragraphs 13 and 14, the reconsideration date is — a the date falling at the end of the fifth year of the term of the lease, or b any earlier date on which the amount of rent payable in respect of the first 5 years of the term of the lease ceases to be uncertain. 4 For the purposes of sub-paragraph (3)(b) and paragraph 13(2), the amount of rent payable ceases to be uncertain when— a in the case of contingent rent, the contingency occurs or it becomes clear that it will not occur; b in the case of uncertain or unascertained rent, the amount becomes ascertained. Underpayment of tax where rent determined on reconsideration date 13 1 If, as a result of determining on the reconsideration date the rent paid or payable in respect of the first 5 years of the term of the lease— a a land transaction becomes notifiable, or b additional tax is payable in respect of a land transaction or tax is payable where none was payable, the buyer must make a return or further return (including a self-assessment) in respect of the land transaction before the end of the period of 30 days beginning with the reconsideration date. 2 Where— a a return is made under sub-paragraph (1) as a result of determining the rent paid or payable in respect of the first 5 years of the term of the lease on the date falling at the end of the fifth year of that term, b when the return is made, the rent so paid or payable remains uncertain, and c no later than the end of the period of 12 months beginning with the filing date for the return, that rent ceases to be uncertain, the buyer must amend the return in accordance with section 41 of TCMA. Overpayment of tax where rent determined on reconsideration date 14 1 If, as a result of determining on the reconsideration date the rent paid or payable in respect of the first 5 years of the term of the lease, less tax is payable in respect of a land transaction than has already been paid— a the buyer may, within the period allowed for amendment of the return, amend it accordingly; b after the end of that period, the buyer may (if the return is not so amended) make a claim for repayment of the amount overpaid in accordance with Chapter 7 of Part 3 of TCMA as modified by sub-paragraph (2). 2 In its application to a claim to which sub-paragraph (1)(b) applies, Chapter 7 of Part 3 of TCMA applies as if for section 78 there were substituted— Time limit for making claims 78 A claim under section 63 to which paragraph 14(1)(b) of Schedule 6 to LTTA applies must be made before the later of the end of— a the period of 4 years beginning with the day after the filing date for the tax return to which the land transaction tax already paid relates, or b the period of 12 months beginning with the reconsideration date (within the meaning of paragraph 12(3) of that Schedule). Reverse premiums 15 1 In the case of the grant, assignment or surrender of a lease a reverse premium does not count as chargeable consideration. 2 A “ "reverse premium” ” means— a in relation to the grant of a lease, a premium moving from the landlord to the tenant; b in relation to the assignment of a lease, a premium moving from the assignor to the assignee; c in relation to the surrender of a lease, a premium moving from the tenant to the landlord. Tenants' obligations etc. that do not count as chargeable consideration 16 1 In the case of a grant of a lease none of the following counts as chargeable consideration — a any undertaking by the tenant to repair, maintain or insure the leased premises; b any undertaking by the tenant to pay any amount in respect of services, repairs, maintenance or insurance or the landlord's costs of management; c any other obligation of the tenant that is not such as to affect the rent that a tenant would be prepared to pay in the open market; d any guarantee of the payment of rent or the performance of any other obligation of the tenant under the lease; e any penal rent, or increased rent in the nature of a penal rent, payable in respect of the breach of any obligation of the tenant under the lease; f any liability of the tenant for costs under section 14(2) of the Leasehold Reform Act 1967 (c. 88) or section 60 of the Leasehold Reform, Housing and Urban Development Act 1993 (c. 28) (costs to be borne by person exercising statutory rights to be granted lease); g any other obligation of the tenant to bear the landlord's reasonable costs or expenses of, or incidental to, the grant of the lease; h any obligation under the lease to transfer to the landlord, on the termination of the lease, payment entitlements granted to the tenant under the basic payment scheme (that is, the scheme of income support for farmers in pursuance of Regulation ( EU ) No 1307/2013) in respect of land subject to the lease. 2 Where sub-paragraph (1) applies in relation to an obligation, a payment made in discharge of the obligation does not count as chargeable consideration. 3 The release of an obligation mentioned in sub-paragraph (1) does not count as chargeable consideration in relation to the surrender of the lease. Surrender of existing lease in return for new lease 17 1 Where a lease is granted in consideration of the surrender of an existing lease between the same parties— a the grant of the new lease does not count as chargeable consideration for the surrender, and b the surrender does not count as chargeable consideration for the grant of the new lease. 2 Paragraph 5 (exchanges) of Schedule 4 (chargeable consideration) does not apply in such a case. Assignment of lease: assumption of obligations by assignee 18 In the case of an assignment of a lease the assumption by the assignee of the obligation— a to pay rent, or b to perform or observe any other undertaking of the tenant under the lease, does not count as chargeable consideration for the assignment. Loan or deposit in connection with grant or assignment of lease 19 1 Where, under arrangements made in connection with the grant of a lease— a the tenant, or any person connected with or acting on behalf of the tenant, pays a deposit, or makes a loan, to any person, and b the repayment of all or part of the deposit or loan is contingent on anything done or omitted to be done by the tenant, or on the death of the tenant, the amount of the deposit or loan (disregarding any repayment) is to be taken for the purposes of this Act to be consideration other than rent given for the grant of the lease. 2 Where, under arrangements made in connection with the assignment of a lease— a the assignee, or any person connected with or acting on behalf of the assignee, pays a deposit, or makes a loan, to any person, and b the repayment of all or part of the deposit or loan is contingent on anything done or omitted to be done by the assignee, or on the death of the assignee, the amount of the deposit or loan (disregarding any repayment) is to be taken for the purposes of this Act to be consideration other than rent given for the assignment of the lease. 3 Sub-paragraph (1) or (2) does not apply in relation to a deposit if the amount that would otherwise fall within the sub-paragraph in question in relation to the grant or assignment of the lease is not more than twice the relevant maximum rent. 4 The relevant maximum rent is— a in relation to the grant of a lease, the highest amount of rent payable in respect of any period of 12 consecutive months in the first 5 years of the term of the lease; b in relation to the assignment of a lease, the highest amount of rent payable in respect of any period of 12 consecutive months falling within the first 5 years of the term remaining outstanding as at the date of the assignment. 5 In determining the highest amount of rent for the purposes of sub-paragraph (4)— a disregard paragraphs 7(2) and 8(3) (where further lease granted, deemed reduction of rent for overlap period), and b if necessary, take into account any amounts determined in accordance with paragraph 10(2)(b) (determining contingent, uncertain or unascertained rent). 6 Tax is not chargeable by virtue of this paragraph if it would be chargeable only as a result of the application of paragraph 34 (which excludes the zero rate band in cases where the relevant rent attributable to non-residential property is not less than £1,000 a year) to an amount of chargeable consideration determined under sub-paragraph (1) or (2). PART 4 AGREEMENTS FOR LEASE, ASSIGNMENTS AND VARIATIONS Agreement for lease 20 1 Where— a an agreement for a lease is entered into, and b the agreement is substantially performed without having been completed, the agreement is treated for the purposes of this Act as if it were the grant of a lease in accordance with the agreement (““the notional lease””), beginning with the date of substantial performance. 2 The effective date of the transaction is the date of substantial performance of the agreement. 3 For the purposes of this paragraph the agreement is completed by the grant of a lease (““the actual lease””) in substantial conformity with the agreement. 4 Where the actual lease is subsequently granted the notional lease is treated for the purposes of this Act as if it were a lease granted— a on the date of substantial performance of the agreement, b for a term beginning with that date and ending at the end of the term of the actual lease, and c in consideration of the total rent payable over that term and any other consideration given for the agreement or the actual lease. 5 Where sub-paragraph (4) applies the grant of the actual lease is disregarded for the purposes of this Act except section 51 (return or further return in consequence of later linked transaction). 6 For the purposes of section 51— a the grant of the notional lease and the grant of the actual lease are linked (whether or not they would be linked by virtue of section 8), b the tenant under the actual lease (rather than the tenant under the notional lease) is liable for any tax or additional tax chargeable in respect of the notional lease as a result of sub-paragraph (4), and c the reference in section 51(2) to ““the buyer in the earlier transaction”” is to be read, in relation to the notional lease, as a reference to the tenant under the actual lease. 7 Where— a sub-paragraph (1) applies, and b within the period of 12 months beginning with the date of substantial performance of the agreement, the agreement is (to any extent) rescinded or annulled, or is for any other reason not carried into effect, and c in consequence, the return made in respect of the agreement is amended, the tax paid by virtue of that sub-paragraph must (to that extent) be repaid by WRA. 8 For the purposes of the application of section 14(1) (substantial performance) to this paragraph and paragraph 21 any agreement for lease is to be treated as a contract. Assignment of agreement for lease 21 1 This paragraph applies where a person (““P””) assigns P's interest as tenant under an agreement for lease. 2 Where this paragraph applies Schedule 2 (transactions entered into before completion of contract) does not apply. 3 If the assignment occurs without the agreement having been substantially performed, section 10 (contract and transfer) has effect as if— a the agreement were with the assignee (““A””) and not P, and b the consideration given by A for entering into the agreement included any consideration given by A for the assignment. 4 If the assignment occurs after the agreement has been substantially performed— a the assignment is a separate land transaction, and b the effective date of that transaction is the date of the assignment. 5 Where there are successive assignments, this paragraph has effect in relation to each one of them. Cases where assignment of lease treated as grant of lease 22 1 This paragraph applies where the grant of a lease is relieved from tax by virtue of any of the provisions specified in sub-paragraph (4). 2 The first assignment of the lease that is not relieved from tax by virtue of any of the provisions specified in sub-paragraph (4), and in relation to which the assignee does not acquire the lease as a bare trustee of the assignor, is treated for the purposes of this Act as if it were the grant of a lease by the assignor— a for a term equal to the unexpired term of the lease referred to in sub-paragraph (1), and b on the same terms as those on which the assignee holds the lease after the assignment. 3 Sub-paragraph (2) does not apply where an assignment of a lease, but for the application of that sub-paragraph, would be relieved from tax by virtue of Schedule 11 (alternative finance investment bonds). 4 The provisions are— a Schedule 9 (sale and leaseback relief); b paragraphs 13 and 15 of Schedule 11 (alternative finance investment bond relief); c Schedule 16 (group relief); d Schedule 17 (reconstruction and acquisition relief); e Schedule 18 (charities relief); f paragraph 1 of Schedule 20 (relief for certain acquisitions involving public bodies); g Schedule 21A (relief for special tax sites). 5 This paragraph does not apply where the relief in question is group relief, reconstruction or acquisition relief , charities relief or relief for special tax sites and is withdrawn as a result of a disqualifying event occurring before the effective date of the assignment. 6 For the purposes of sub-paragraph (5), “ "disqualifying event” ” means— a in relation to the withdrawal of group relief, the event falling within paragraph 8(2)(a) of Schedule 16 (buyer ceasing to be a member of the same group as the seller) as read with paragraph 9 of that Schedule; b in relation to the withdrawal of reconstruction or acquisition relief, the change of control of the acquiring company mentioned in paragraph 5(2) of Schedule 17 or, as the case may be, the event mentioned in paragraph 7(2) or (3) of that Schedule; c in relation to the withdrawal of charities relief, a disqualifying event as defined in paragraph 2(4) or 5(2)(b) of Schedule 18; d in relation to the withdrawal of relief for special tax sites under Schedule 21A, the last day in the control period on which the qualifying land ceases to be used exclusively in a qualifying manner in circumstances where the exceptions in sub-paragraphs (3), (4) and (5) of paragraph 10 of that Schedule do not apply. 7 In sub-paragraph (6)(d), “control period”, “qualifying land” and “qualifying manner” are to be interpreted in accordance with Schedule 21A. Assignment of lease 23 1 Where a lease is assigned, anything that but for the assignment would be required or authorised to be done by or in relation to the assignor under or by virtue of— a section 47 (contingency ceases and consideration is ascertained: duty to make return), b section 51 (return or further return in consequence of later linked transaction), c paragraph 3 or 5 of this Schedule (return or further return required where fixed term or indefinite term lease continues), or d paragraphs 12, 13 and 14 of this Schedule (adjustment where rent ceases to be uncertain), must, if the event giving rise to the adjustment or return occurs after the effective date of the assignment, be done instead by or in relation to the assignee. 2 So far as necessary for giving effect to sub-paragraph (1) anything previously done by or in relation to the assignor is to be treated as if it had been done by or in relation to the assignee. 3 This paragraph does not apply if the assignment is treated as the grant of a lease by the assignor (see paragraph 22). Reduction of rent or term or other variation of lease 24 1 Where a lease is varied so as to reduce the amount of the rent, the variation is treated for the purposes of this Act as an acquisition of a chargeable interest by the tenant. 2 Where any consideration in money or money's worth (other than an increase in rent) is given by the tenant for any variation of a lease, other than a variation of the amount of the rent or of the term of the lease, the variation is treated for the purposes of this Act as an acquisition of a chargeable interest by the tenant. 3 Where a lease is varied so as to reduce the term, the variation is treated for the purposes of this Act as an acquisition of a chargeable interest by the landlord. Increase of rent treated as grant of new lease: variation of lease in first 5 years 25 1 Where a lease is varied so as to increase the amount of rent as from a date before the end of the fifth year of the term of the lease, the variation is treated for the purposes of this Act as if it were the grant of a lease in consideration of the additional rent made payable by it. 2 Sub-paragraph (1) does not apply to an increase of rent in pursuance of— a a provision contained in the lease before it was varied, or b a provision mentioned in paragraph 10(6)(a) or (b) (variations of certain agricultural leases). PART 5 CALCULATION OF TAX CHARGEABLE Residential leases, non-residential leases and mixed leases 26 For the purposes of this Part of this Schedule, a transaction is— a an acquisition of a residential lease if— i it is the acquisition of a lease or other chargeable interest relating to a lease, the main subject-matter of which consists entirely of residential property, or ii where the acquisition is one of a number of linked transactions, the main subject-matter of each transaction consists entirely of residential property; b an acquisition of a non-residential lease if— i it is the acquisition of a lease or other chargeable interest relating to a lease, the main subject-matter of which consists entirely of land which is not residential property, or ii where the acquisition is one of a number of linked transactions, the main subject-matter of each transaction consists entirely of land which is not residential property; c an acquisition of a mixed lease if— i it is the acquisition of a lease or other chargeable interest relating to a lease, the main subject-matter of which includes land which is not residential property, or ii where the acquisition is one of a number of linked transactions, the main subject-matter of any of the transactions includes land which is not residential property. No tax chargeable in respect of rent: residential leases 27 1 In the case of an acquisition of a residential lease, no tax is chargeable in respect of so much of the chargeable consideration as consists of rent. 2 The Welsh Ministers may by regulations amend this paragraph so as to substitute sub-paragraph (1) with a calculation of tax chargeable in respect of so much of the chargeable consideration as consists of rent in the case of an acquisition of a residential lease. 3 Regulations under sub-paragraph (2)— a must specify the method of calculation (including the method applicable to a case where the acquisition is one of a number of linked transactions each of which being the acquisition of a residential lease), and b may make such other supplemental, incidental or consequential modifications of any enactment (including this Act) as the Welsh Ministers consider necessary or expedient. 4 If regulations are made under sub-paragraph (2), the Welsh Ministers must by regulations specify the tax bands and percentage tax rates for each band applicable to the chargeable consideration which consists of rent. 5 Regulations under sub-paragraph (4) must specify— a a tax band for which the applicable tax rate is 0% (““the RL zero rate band””), b two or more tax bands above the RL zero rate band, c the tax rate for each band above the RL zero rate band so that the rate for each band is higher than the rate for the band below it, and d a date on which the tax bands and tax rates apply in relation to transactions with an effective date on or after that date. 6 Regulations under sub-paragraph (4) may specify— a different tax bands and tax rates in respect of different categories of acquisition of a residential lease; b different dates under sub-paragraph (5)(d) in respect of each specified tax band or tax rate. Tax rates and bands: rent element of non-residential and mixed leases 28 1 The Welsh Ministers must by regulations specify the tax bands and the percentage tax rates for each band applicable to chargeable consideration which consists of rent in cases of the acquisition of a non-residential lease or mixed lease. 2 Regulations under sub-paragraph (1) must specify— a a tax band for which the applicable tax rate is 0% (““the NRL zero rate band””), b two or more tax bands above the NRL zero rate band, c the tax rate for each band above the NRL zero rate band so that the rate for each band is higher than the rate for the band below it, and d a date on which the tax bands and tax rates apply in relation to transactions with an effective date on or after that date. 3 Regulations under sub-paragraph (1) may specify— a different tax bands and tax rates in respect of different categories of acquisition of a non-residential lease or mixed lease; b different dates under sub-paragraph (2)(d) in respect of each specified tax band or tax rate. Calculation of tax chargeable in respect of rent: non-residential and mixed leases 29 In the case of the acquisition of a non-residential lease or mixed lease, the amount of tax chargeable on so much of the chargeable consideration as consists of rent is to be calculated as follows (unless paragraph 30 (linked transactions) applies). Step 1 Calculate the net present value (the ““NPV””) of the rent payable over the term of the lease (see paragraph 31). Step 2 For each tax band applicable to the acquisition, multiply so much of the NPV as falls within the band by the tax rate for that band. Step 3 Calculate the sum of the amounts reached under Step 2. The result is the amount of tax chargeable in respect of rent. Calculation of tax chargeable in respect of rent: linked transactions 30 Where the acquisition of a non-residential lease or mixed lease is one of a number of linked transactions for which the chargeable consideration consists of or includes rent, the amount of tax chargeable in respect of the rent is to be calculated as follows. Step 1 Calculate the total of the net present values (the ““TNPV””) of the rent payable over the terms of all the linked leases (see paragraph 31). Step 2 For each tax band applicable to the acquisition, multiply so much of the TNPV as falls within the band by the tax rate for that band. Step 3 Calculate the sum of the amounts reached under Step 2. The result is the total tax chargeable in respect of rent. Step 4 Divide the NPV of the rent payable over the term of the lease in question by the TNPV. Step 5 Multiply the total tax chargeable in respect of rent by the fraction reached under Step 4. The result is the amount of tax chargeable in respect of rent for the lease in question. Net present value 31 The NPV of the rent payable over the term of a lease is calculated by applying the following formula— NPV = ∑ i = 1 n r i ( 1 + T ) i Figure 8 where— r i is the rent payable in respect of year i, i is the first, second, third etc. year of the term of the lease, n is the term of the lease, and T is the temporal discount rate (see paragraph 32). Temporal discount rate 32 For the purposes of paragraph 31 the ““temporal discount rate”” is 3.5% or such other rate as the Welsh Ministers may by regulations specify. Tax chargeable in respect of consideration other than rent: general 33 1 Where in the case of an acquisition of a lease there is chargeable consideration other than rent, the provisions of this Act apply in relation to that consideration as in relation to other chargeable consideration (but see paragraphs 34 and 35). 2 Tax chargeable under this Part of this Schedule in respect of rent is in addition to any tax chargeable under any provision of this Act in respect of consideration other than rent. Tax chargeable in respect of consideration other than rent: no zero rate band for non-residential leases 34 1 This paragraph applies in the case of an acquisition of a non-residential lease where— a there is chargeable consideration other than rent, and b section 27 (amount of tax chargeable: transactions which are not linked) or 28 (amount of tax chargeable: linked transactions) applies to the acquisition. 2 If the relevant rent is at least the specified amount, the zero rate band does not apply in relation to the consideration other than rent and, accordingly, any case which would have fallen within that band is treated as falling within the next tax band. Tax chargeable in respect of consideration other than rent: mixed leases 35 1 This paragraph applies in the case of an acquisition of a mixed lease where— a there is chargeable consideration other than rent, and b the relevant rent attributable, on a just and reasonable apportionment, to the land which is not residential property is at least the specified amount. 2 For the purpose of determining the amount of tax chargeable in relation to the consideration other than rent, the transaction (or where it is one of a number of linked transactions, that set of transactions) is treated as if it were two separate but linked transactions (or two separate sets of linked transactions which are themselves linked) namely— a one whose subject-matter consists of all the land that is residential property (and section 28 (amount of tax chargeable: linked transactions) applies accordingly), and b one whose subject-matter consists of all the land that is not residential property (and that section as modified by paragraph 34 applies accordingly). 3 For that purpose, the chargeable consideration attributable to each of those separate transactions (or sets of linked transactions) is the chargeable consideration so attributable on a just and reasonable basis. Relevant rent 36 1 In paragraphs 34 and 35— a “ "the relevant rent” ” means— i the annual rent in relation to the transaction in question, or ii if that transaction is one of a number of linked transactions for which the chargeable consideration consists of or includes rent, the total of the annual rents in relation to all of those transactions; b “ "the specified amount” ” means an amount of relevant rent specified by the Welsh Ministers by regulations. 2 In sub-paragraph (1)(a) “ "the annual rent” ” means— a the average annual rent over the term of the lease, or b if— i different amounts of rent are payable for different parts of the term, and ii those amounts (or any of them) are ascertainable at the effective date of the transaction, the average annual rent over the term for which the highest ascertainable rent is payable. Power to amend or repeal paragraphs 34 to 36 37 The Welsh Ministers may by regulations amend or repeal paragraphs 34 to 36. SCHEDULE 7 PARTNERSHIPS (as introduced by section 41(1)) PART 1 INTRODUCTORY Overview 1 This Schedule makes provision about the application of this Act and TCMA in relation to partnerships. 2 This Schedule is arranged as follows— a Part 2 makes general provision about the treatment of partnerships; b Part 3 makes provision about ordinary transactions involving a partnership; c Part 4 makes provision about transactions involving transfers to a partnership from a partner or certain other persons; d Part 5 makes provision about transactions involving transfers from a partnership to a partner or certain other persons; e Part 6 makes provision about transactions between partnerships and about transactions involving a partnership consisting wholly of bodies corporate; f Part 7 makes provision about transfers to or from a partnership where the chargeable consideration includes rent; g Part 8 makes provision about transfers of interest in, and transactions involving, property investment partnerships; h Part 9 makes provision about the application to certain transactions involving partnerships of provisions of this Act relating to exemptions and reliefs, of certain provisions of TCMA and about the notification of such transactions; i Part 10 defines expressions used in this Schedule. PART 2 GENERAL PROVISIONS Partnerships 3 In this Act, a “ "partnership” ” means— a a partnership within the Partnership Act 1890 (c. 39); b a limited partnership registered under the Limited Partnerships Act 1907 (c. 24); c a limited liability partnership formed under the Limited Liability Partnerships Act 2000 (c. 12); d a firm or entity of similar character to any of those mentioned above formed under the law of a country or territory outside the United Kingdom. Chargeable interests treated as held by partners etc. 4 1 For the purposes of this Act— a a chargeable interest held by or on behalf of a partnership is treated as held by or on behalf of the partners, and b a land transaction entered into for the purposes of a partnership is treated as entered into by or on behalf of the partners, and not by or on behalf of the partnership as such. 2 Sub-paragraph (1) applies despite a partnership being regarded as a legal person, or as a body corporate, under the law of the country or territory under which it is formed. Acquisition of interest in partnership not chargeable except as specially provided 5 The acquisition of an interest in a partnership is not a chargeable transaction despite the partnership property including land, except as provided by— a paragraph 18 (transfer of interest pursuant to earlier arrangements); b paragraph 34 (transfer of interest in property-investment partnership). Continuity of partnerships 6 For the purposes of this Act, a partnership is treated as the same partnership despite a change in membership if any person who was a member before the change remains a member after the change. Partnership not to be regarded as a unit trust scheme etc. 7 For the purposes of this Act, a partnership is not to be regarded as a unit trust scheme or an open-ended investment company. PART 3 ORDINARY PARTNERSHIP TRANSACTIONS Introduction 8 This Part of this Schedule applies to land transactions entered into as buyers by or on behalf of the members of a partnership, other than transactions within Parts 4 to 8 of this Schedule. Responsibility of partners 9 1 Anything required or authorised to be done under this Act or TCMA by or in relation to the buyer in the transaction must be done by or in relation to all the responsible partners. 2 The responsible partners in relation to a transaction are— a the persons who are partners at the effective date of the transaction, and b any person who becomes a member of the partnership after the effective date of the transaction. 3 This paragraph has effect subject to paragraph 10 (representative partners). Representative partners 10 1 Anything required or authorised to be done under this Act or TCMA in connection with the transaction by or in relation to the responsible partners may instead be done by or in relation to any representative partner or partners. 2 This includes making the declaration required by section 53 (declaration that return is complete and correct). 3 A “ "representative partner” ” means a partner nominated by a majority of the partners to act as the representative of the partnership for the purposes of this Act. 4 Any such nomination, or the revocation or such a nomination, has effect only after notice of the nomination, or revocation, has been given to WRA. Joint and several liability of responsible partners 11 1 Where the responsible partners are liable to pay— a tax or late payment interest on that tax, b an amount under section 55 of TCMA (recovery of excessive repayment) or late payment interest on that amount, or c a penalty under Part 5 of TCMA or late payment interest on that penalty, the liability is a joint and several liability of those partners. 2 No amount may be recovered under sub-paragraph (1)(a) or (b) from a person who did not become a responsible partner until after the effective date of the transaction in respect of which the tax is payable. 3 No amount may be recovered under sub-paragraph (1)(c) from a person who did not become a partner until after the relevant time. 4 The relevant time is— a in relation to so much of a penalty as is payable in respect of any day, or to late payment interest on so much of a penalty as is so payable, the beginning of that day; b in relation to any other penalty, or to late payment interest on the penalty, the time when the act or omission occurred that caused the penalty to become payable. 5 In this paragraph, “ "late payment interest” ” means late payment interest under Part 6 of TCMA. PART 4 TRANSACTIONS INVOLVING TRANSFERS TO A PARTNERSHIP Introduction 12 In this Part of this Schedule— a paragraphs 13 to 17 make provisions about the treatment of certain land transactions involving the transfer of a chargeable interest to a partnership, and b paragraphs 18 and 19 provide for certain events following such transactions to be treated as land transactions. Transfer of chargeable interest to a partnership: general 13 1 This paragraph applies where— a a partner transfers a chargeable interest to the partnership, b a person transfers a chargeable interest to a partnership in return for an interest in the partnership, or c a person connected with— i a partner, or ii a person who becomes a partner as a result of or in connection with the transfer, transfers a chargeable interest to the partnership. 2 This paragraph applies whether the transfer is in connection with the formation of the partnership or is a transfer to an existing partnership. 3 The chargeable consideration for the transaction is taken to be equal to— MV × ( 100 - SLP ) % Figure 9 where— MV is the market value of the chargeable interest transferred, and SLP is the sum of the lower proportions. 4 Paragraph 14 provides for determining the sum of the lower proportions. 5 Part 7 applies if the whole or part of the chargeable consideration for the transaction is rent. 6 Paragraphs 9 to 11 (responsibility of partners) have effect in relation to a transaction to which this paragraph applies, but the responsible partners are— a those who were partners immediately before the transfer and who remain partners after the transfer, and b any person becoming a partner as a result of, or in connection with, the transfer. 7 This paragraph has effect subject to any election under paragraph 36. Transfer of chargeable interest to a partnership: sum of the lower proportions 14 The sum of the lower proportions in relation to a transaction to which paragraph 13 applies is determined as follows— Step 1 Identify the relevant owner or owners (see paragraph 15). Step 2 For each relevant owner, identify the corresponding partner or partners (see paragraph 16). If there is no relevant owner with a corresponding partner, the sum of the lower proportions is zero. Step 3 For each relevant owner, find the proportion of the chargeable interest to which the owner was entitled immediately before the transaction. Apportion that proportion between any one or more of the relevant owner's corresponding partners. Step 4 Find the lower of the following (““the lower proportion””) for each corresponding partner— the proportion of the chargeable interest attributable to the partner (see paragraph 17); the partner's partnership share immediately after the transaction. Step 5 Add together the lower proportions of each corresponding partner. The result is the sum of the lower proportions. Relevant owner 15 1 For the purposes of paragraph 14 (see Step 1), a person is a relevant owner if— a immediately before the transaction, the person was entitled to a proportion of the chargeable interest, and b immediately after the transaction, the person is a partner or is connected with a partner. 2 For the purposes of paragraph 14 and this paragraph, persons who are entitled to a chargeable interest as beneficial joint tenants are taken to be entitled to the chargeable interest as beneficial tenants in common in equal shares. Corresponding partner 16 1 For the purposes of paragraph 14 (see Step 2), a person is a corresponding partner in relation to a relevant owner if, immediately after the transaction— a the person is a partner, and b the person is the relevant owner or is an individual connected with the relevant owner. 2 For the purpose of sub-paragraph (1)(b), a company is to be treated as an individual connected with the relevant owner if it— a holds property as trustee, and b is connected with the relevant owner only because of section 1122(6) of the Corporation Tax Act 2010 (c. 4) (as it has effect with the omission of subsection (6)(c) to (e)). Proportion of chargeable interest attributable to corresponding partner 17 For the purposes of paragraph 14 (Step 4), the proportion of the chargeable interest attributable to a corresponding partner is— a if the partner is a corresponding partner in relation to only one relevant owner, the proportion (if any) of the chargeable interest apportioned to that partner (at Step 3) in respect of that owner; b if the partner is a corresponding partner in relation to more than one relevant owner, the sum of the proportions (if any) of the chargeable interest apportioned to that partner (at Step 3) in respect of each of those owners. Transfer of partnership interest pursuant to tax avoidance arrangements 18 1 This paragraph applies where— a there is a transfer of a chargeable interest to a partnership (““the land transfer””); b the land transfer falls within paragraph 13(1); c there is subsequently a transfer of an interest in the partnership (““the partnership transfer””); d the partnership transfer is made— i if the land transfer falls within paragraph 13(1)(a) or (b), by the person who makes the land transfer; ii if the land transfer falls within paragraph 13(1)(c), by the partner concerned; e the partnership transfer is made pursuant to arrangements which are, or form part of, tax avoidance arrangements that were in place at the time of the land transfer; f the partnership transfer is not (apart from this paragraph) a chargeable transaction. 2 For the purposes of this Act, the partnership transfer— a is taken to be a land transaction, and b is a chargeable transaction. 3 The partners are taken to be the buyers in the transaction. 4 The chargeable consideration for the transaction is taken to be equal to a proportion of the market value, as at the date of the transaction, of the interest transferred by the land transfer. 5 That proportion is— a if the person making the partnership transfer is not a partner immediately after the partnership transfer, that person's partnership share immediately before that transfer; b if the person is a partner immediately after the partnership transfer, the difference between the person's partnership share before and after that transfer. 6 The partnership transfer and the land transfer are taken to be linked transactions. 7 Paragraphs 9 to 11 (responsibility of partners) have effect in relation to the partnership transfer, but the responsible partners are— a those who were partners immediately before the transfer and who remain partners after the transfer, and b any person becoming a partner as a result of, or in connection with, the transfer. 8 In this paragraph, “ "tax avoidance arrangements” ” has the meaning given by section 31. Withdrawal of money etc. from partnership after transfer of chargeable interest 19 1 This paragraph applies where— a there is a transfer of a chargeable interest to a partnership (““the land transfer””); b the land transfer falls within paragraph 13(1); c during the period of 3 years beginning with the effective date of the land transfer, a qualifying event within sub-paragraph (2) occurs; d the qualifying event is, or forms part of, a tax avoidance arrangement; e at the time of the qualifying event, an election has not been made in respect of the land transfer under paragraph 36. 2 A qualifying event is— a a withdrawal from the partnership of money or money's worth which does not represent income profit, by the relevant person— i withdrawing capital from the relevant person's capital account, ii reducing the relevant person's interest in the partnership, or iii ceasing to be a partner, or b in a case where the relevant person has made a loan to the partnership— i the repayment (to any extent) by the partnership of the loan, or ii a withdrawal by the relevant person from the partnership of money or money's worth which does not represent income profit. 3 For the purposes of sub-paragraph (2), the relevant person is— a where the land transfer falls within 13(1)(a) or (b), the person who makes the land transfer, and b where the land transfer falls within paragraph 13(1)(c), the partner concerned or a person connected with that partner. 4 For the purposes of this Act, the qualifying event— a is taken to be a land transaction, and b is a chargeable transaction. 5 The partners are taken to be the buyers under the transaction. 6 Paragraphs 9 to 11 (responsibility of partners) have effect in relation to the transaction. 7 The chargeable consideration for the transaction is taken to be— a in a case falling within sub-paragraph (2)(a), equal to the value of the money or money's worth withdrawn from the partnership; b in a case falling within sub-paragraph (2)(b)(i), equal to the amount repaid; c in a case falling within sub-paragraph (2)(b)(ii), equal to so much of the value of the money or money's worth withdrawn from the partnership as does not exceed the amount of the loan. 8 But the chargeable consideration determined under sub-paragraph (7) is not to exceed the market value, as at the effective date of the land transfer, of the chargeable interest transferred by the land transfer, reduced by any amount previously chargeable to tax. 9 Where— a a qualifying event gives rise to a charge under this paragraph, and b the same event gives rise to a charge under paragraph 34 (transfer of interest in property investment partnership), the amount of the charge under this paragraph is reduced (but not below zero) by the amount of the charge under that paragraph. 10 In this paragraph, “ "tax avoidance arrangement” ” has the meaning given by section 31. PART 5 TRANSACTIONS INVOLVING TRANSFERS FROM A PARTNERSHIP Introduction 20 This Part of this Schedule makes provision about the treatment of certain land transactions involving the transfer of a chargeable interest from a partnership. Transfer of chargeable interest from a partnership: general 21 1 This paragraph applies where a chargeable interest is transferred— a from a partnership to a person who is or has been one of the partners, or b from a partnership to a person connected with a person who is or has been one of the partners. 2 The chargeable consideration for the transaction is (subject to paragraph 30) taken to be equal to— MV × ( 100 - SLP ) % Figure 10 where— MV is the market value of the interest transferred, and SLP is the sum of the lower proportions. 3 Paragraph 22 provides for determining the sum of the lower proportions. 4 Part 7 applies if the whole or part of the chargeable consideration for the transaction is rent. 5 For the purposes of this paragraph, property that was partnership property before the partnership was dissolved or otherwise ceased to exist is to be treated as remaining partnership property until it is distributed. 6 This paragraph has effect subject to any election under paragraph 36. Transfer of chargeable interest from a partnership: sum of the lower proportions 22 The sum of the lower proportions in relation to a transaction to which paragraph 21 applies is determined as follows— Step 1 Identify the relevant owner or owners (see paragraph 23). Step 2 For each relevant owner, identify the corresponding partner or partners (see paragraph 24). If there is no relevant owner with a corresponding partner, the sum of the lower proportions is zero. Step 3 For each relevant owner, find the proportion of the chargeable interest to which that owner is entitled immediately after the transaction. Apportion that proportion between any one or more of the relevant owner's corresponding partners. Step 4 Find the lower of the following (““the lower proportion””) for each corresponding partner— the proportion of the chargeable interest attributable to the partner (see paragraph 25); the partnership share attributable to the partner (see paragraphs 26 and 27). Step 5 Add together the lower proportions of each corresponding partner. The result is the sum of the lower proportions. Relevant owner 23 1 For the purposes of paragraph 22 (see Step 1), a person is a relevant owner if— a immediately after the transaction, that person is entitled to a proportion of the chargeable interest, and b immediately before the transaction, that person was a partner or connected with a partner. 2 For the purposes of paragraph 22 and this paragraph, persons who are entitled to a chargeable interest as beneficial joint tenants are to be taken to be entitled to the chargeable interest as beneficial tenants in common in equal shares. Corresponding partner 24 1 For the purposes of paragraph 22 (see Step 2), a person is a corresponding partner in relation to a relevant owner if, immediately before the transaction— a the person was a partner, and b the person was the relevant owner or was an individual connected with the relevant owner. 2 For the purpose of sub-paragraph (1)(b), a company is to be treated as an individual connected with the relevant owner if it— a holds property as trustee, and b is connected with the relevant owner only because of section 1122(6) of the Corporation Tax Act 2010 (c. 4) (as it has effect with the omission of subsection (6)(c) to (e)). Proportion of chargeable interest attributable to corresponding partner 25 For the purposes of paragraph 22 (see Step 4), the proportion of the chargeable interest attributable to a corresponding partner is— a if the partner is a corresponding partner in relation to only one relevant owner, the proportion (if any) of the chargeable interest apportioned to that partner (at Step 3) in respect of that owner; b if the partner is a corresponding partner in relation to more than one relevant owner, the sum of the proportions (if any) of the chargeable interest apportioned to that partner (at Step 3) in respect of each of those owners. Partnership share attributable to corresponding partner: effective date of transfer before 20 October 2003 26 1 This paragraph applies for the purposes of paragraph 22 (see Step 4) where the effective date of the transfer of the relevant chargeable interest to the partnership was before 20 October 2003. 2 Where this paragraph applies, the partnership share attributable to a corresponding partner is to be determined, as follows— Step 1 Find the partner's actual partnership share on the relevant date. The relevant date— if the partner was a partner on 19 October 2003, is that date; if the partner became a partner after that date, is the date on which the partner became a partner. Step 2 Add to that partnership share any increases in the partner's partnership share which— occur in the period beginning with the day after the relevant date and ending immediately before the transaction to which paragraph 22 applies, and count for this purpose (see sub-paragraph (5)). The result is the increased partnership share. Step 3 Deduct from the increased partnership share any decreases in the partner's partnership share which occur in the period beginning with the day after the relevant date and ending immediately before the transaction to which paragraph 22 applies. The result is the partnership share attributable to the partner. 3 If the effect of applying Step 3 would be to reduce the partnership share attributable to the partner below zero, the partnership share attributable to the partner is zero. 4 If the partner ceased to be a partner before 19 October 2003, the partnership share attributable to the partner is zero. 5 An increase counts for the purpose of Step 2 only if the instrument by which the transfer was effected has been stamped with ad valorem stamp duty. 6 In this paragraph and paragraph 27, the relevant chargeable interest is— a the chargeable interest which ceases to be partnership property as a result of the transaction to which paragraph 22 applies, or b where the transaction to which paragraph 22 applies is the creation of a chargeable interest, the chargeable interest out of which that interest is created. Partnership share attributable to corresponding partner: effective date of transfer on or after 20 October 2003 27 1 This paragraph applies for the purposes of paragraph 22 (see Step 4) where the effective date of the transfer of the relevant chargeable interest to the partnership was on or after 20 October 2003. 2 Where this paragraph applies and neither of the conditions in sub-paragraph (3) is met, the partnership share attributable to the partner is zero. 3 The conditions are— a the instrument by which the transfer was effected has been stamped with ad valorem stamp duty; b any land transaction tax or, as the case may be, stamp duty land tax payable in respect of the transfer has been paid. 4 Where this paragraph applies, and one of the conditions in sub-paragraph (3) is met, the partnership share attributable to the partner is determined as follows— Step 1 Find the partner's actual partnership share on the relevant date. The relevant date— if the partner was a partner on the effective date of the transfer of the relevant chargeable interest to the partnership, is that date; if the partner became a partner after that date, is the date on which the partner became a partner. Step 2 Add to that partnership share any increases in the partner's partnership share which— occur in the period beginning with the day after the relevant date and ending immediately before the transaction to which paragraph 22 applies, and count for this purpose (see sub-paragraph (7)). The result is the increased partnership share. Step 3 Deduct from the increased partnership share any decreases in the partner's partnership share which occur in the period starting on the day after the relevant date and ending immediately before the transaction to which paragraph 22 applies. The result is the partnership share attributable to the partner. 5 If the effect of applying Step 3 would be to reduce the partnership share attributable to the partner below zero, the partnership share attributable to the partner is zero. 6 If the partner ceased to be a partner before the effective date of the transfer of the relevant chargeable interest to the partnership, the partnership share attributable to the partner is zero. 7 An increase counts for the purpose of Step 2 only if— a where the transfer which resulted in the increase took place on or before 22 July 2004, the instrument by which the transfer was effected has been stamped with ad valorem stamp duty; b where the transfer which resulted in the increase took place after that date, any land transaction tax or, as the case may be, stamp duty land tax payable in respect of the transfer has been paid. PART 6 OTHER PARTNERSHIP TRANSACTIONS Introduction 28 This Part of this Schedule makes provision about— a transactions involving a transfer from a partnership to a partnership, and b transactions where the partnership consists entirely of bodies corporate. Transfer of chargeable interest from a partnership to a partnership 29 1 This paragraph applies where— a there is a transfer of a chargeable interest from a partnership to a partnership, and b the transfer is both— i a transaction to which paragraph 13 (transfer of chargeable interest to a partnership) applies, and ii a transaction to which paragraph 21 (transfer of chargeable interest from a partnership) applies. 2 Paragraphs 13(3) and 21(2) do not apply. 3 The chargeable consideration for the transaction is taken to be what it would have been if paragraph 13(3) had applied or, if greater, what it would have been if paragraph 21(2) had applied. 4 Where the whole or part of the chargeable consideration for the transaction is rent— a paragraph 31 does not apply; b the tax chargeable in respect of so much of the chargeable consideration as consists of rent is taken to be the greater of— i what the tax chargeable would have been if paragraph 31 applied in relation to a transaction to which paragraph 13 applies, or ii what the tax chargeable would have been if paragraph 31 applied in relation to a transaction to which paragraph 21 applies; c the disapplication of the zero rate band provided for by paragraph 34 of Schedule 6 has effect if it would have had effect if paragraph 31(6) of this Schedule had applied. Transfer of chargeable interest from a partnership consisting wholly of bodies corporate 30 1 This paragraph applies where— a there is a transaction to which paragraph 21 applies; b immediately before the transaction all the partners are bodies corporate; c the sum of the lower proportions is 75 or more. 2 Paragraphs 21 and 31 have effect with the following modifications. 3 Paragraph 21 has effect as if for sub-paragraphs (2) and (3) there were substituted— 2 The chargeable consideration for the transaction is taken to be equal to the market value of the interest transferred. 4 Paragraph 31(2) has effect as if for ““sub-paragraphs (3) to (6)”” there were substituted “ sub-paragraph (5) ” . 5 Paragraph 31 has effect as if sub-paragraphs (3), (4), (6) and (7) were omitted. PART 7 APPLICATION OF PARTS 5 AND 6 IN RELATION TO LEASES Transfer of chargeable interest to or from a partnership: chargeable consideration including rent 31 1 This paragraph applies in relation to a transaction to which paragraph 13 or 21 applies where the whole or part of the chargeable consideration for the transaction is rent. 2 Part 5 of Schedule 6 (leases: calculation of tax chargeable) has effect with the modifications set out in sub-paragraphs (3) to (6). 3 Paragraph 29 has effect as if— a in Step 1, for ““the net present value (the ““NPV””) of the rent payable over the term of the lease”” there were substituted “ the relevant chargeable proportion of the net present value (the ““NPV””) of the rent payable over the term of the lease ” ; b in Step 2, for ““the NPV”” there were substituted “ the relevant chargeable proportion ” . 4 Paragraph 30 has effect as if— a in Step 1, for ““the total of the net present values (the ““TNPV””) of the rent payable over the terms of all the linked leases”” there were substituted “ the total of the relevant chargeable proportions of the net present values (the ““TNPV””) of the rent payable over the terms of all the leases ” ; b in Step 2, for ““the TNPV”” there were substituted “ the total of the relevant chargeable proportions ” ; c in Step 4, for ““the NPV”” substitute “ the relevant chargeable proportion ” and for ““the TNPV”” substitute “ the total of the relevant chargeable proportions ” . 5 Paragraph 33(1) has effect as if for ““paragraphs 34 and 35”” there were substituted “ paragraphs 13 and 21 of Schedule 7 and paragraphs 34 and 35 of this Schedule ” . 6 Paragraph 36(1)(a) has effect as if— a in sub-paragraph (i) for ““the annual rent”” there were substituted “ the relevant chargeable proportion of the annual rent ” ; b in sub-paragraph (ii) for ““the total of the annual rents”” there were substituted “ the relevant chargeable proportion of the total of the annual rents ” . 7 For the purposes of paragraphs 29, 30 and 36 of Schedule 6 as modified by this paragraph, the relevant chargeable proportion is— ( 100 - SLP ) % Figure 11 where SLP is the sum of the lower proportions. 8 The following paragraphs apply for determining the sum of the lower proportions— a in the case of a transaction to which paragraph 13 applies, paragraph 14, and b in the case of a transaction to which paragraph 21 applies, paragraph 22. 9 In the case of a transaction to which paragraph 21 applies, this paragraph is subject to paragraph 30. PART 8 TRANSFERS INVOLVING PROPERTY-INVESTMENT PARTNERSHIPS Introduction 32 This Part of this Schedule makes provision— a about certain transactions involving the transfer of an interest in a property-investment partnership, and b for a property investment partnership to elect to disapply paragraph 13 in relation to certain land transactions. Meaning of property investment partnerships 33 1 In this Schedule, a ““property-investment partnership”” is a partnership whose sole or main activity is investing or dealing in chargeable interests (whether or not that activity involves the carrying out of construction operations on the land in question). 2 In sub-paragraph (1), “ "construction operations” ” has the same meaning as in Chapter 3 of Part 3 of the Finance Act 2004 (c. 12)(see section 74 of that Act). 3 For the purposes of sub-paragraph (1), “ "chargeable interests” ” includes any interest which would be a chargeable interest but for the fact that it relates to land outside Wales. Transfer of interest in property-investment partnership 34 1 This paragraph applies where— a there is a transfer of an interest in a property-investment partnership, and b the relevant partnership property includes a chargeable interest. 2 For the purposes of this Act, the transfer— a is taken to be a land transaction, and b is a chargeable transaction. 3 The buyer in the transaction is the person who acquires an increased partnership share or, as the case may be, becomes a partner in consequence of the transfer. 4 The chargeable consideration for the transaction is taken to be equal to a proportion of the market value of the relevant partnership property. 5 That proportion is— a if the person acquiring the interest in the partnership was not a partner before the transfer, the person's partnership share immediately after the transfer; b if the person was a partner before the transfer, the difference between that person's partnership share before and after the transfer. 6 The “ "relevant partnership property” ”, in relation to a Type A transfer of an interest in a partnership, is every chargeable interest held as partnership property immediately after the transfer, other than— a any chargeable interest that was transferred to the partnership in connection with the transfer, b a lease to which paragraph 35 (exclusion of market rent leases) applies, and c any chargeable interest that is not attributable economically to the interest in the partnership that is transferred. 7 The “ "relevant partnership property” ”, in relation to a Type B transfer of an interest in a partnership, is every chargeable interest held as partnership property immediately after the transfer, other than— a any chargeable interest that was transferred to the partnership in connection with the transfer, b a lease to which paragraph 35 (exclusion of market rent leases) applies, c any chargeable interest that is not attributable economically to the interest in the partnership that is transferred, d any chargeable interest that was transferred to the partnership on or before 22 July 2004, e any chargeable interest in respect of whose transfer to the partnership an election has been made under paragraph 36, and f any other chargeable interest whose transfer to the partnership did not fall within paragraph 13(1). 8 A Type A transfer is— a a transfer that takes the form of arrangements entered into under which— i the whole or part of a partner's interest as partner is acquired by another person (who may be an existing partner), and ii consideration in money or money's worth is given by or on behalf of the person acquiring the interest, or b a transfer that takes the form of arrangements entered into under which— i a person becomes a partner, ii the interest of an existing partner in the partnership is reduced or an existing partner ceases to be a partner, and iii there is a withdrawal of money or money' worth from the partnership by the existing partner mentioned in paragraph (ii) (other than money or money's worth paid from the resources available to the partnership prior to the transfer). 9 Any other transfer to which this paragraph applies is a Type B transfer. 10 An interest in respect of the transfer of which this paragraph applies is to be treated as a chargeable interest for the purposes of paragraph 8(2) of Schedule 16 (group relief) to the extent that the relevant partnership property consists of a chargeable interest. Exclusion of market rent leases 35 1 A lease held as partnership property immediately after a transfer of an interest in the partnership is not relevant partnership property for the purposes of paragraph 34(6) or (7) if the following four conditions are met. 2 Condition 1 is that— a no chargeable consideration other than rent has been given in respect of the grant of the lease, and b no arrangements are in place at the time of the transfer for any chargeable consideration other than rent to be given in respect of the grant of the lease. 3 Condition 2 is that the rent payable under the lease as granted was a market rent at the time of the grant. 4 Condition 3 is that— a the term of the lease is 5 years or less, or b if the term of the lease is more than 5 years— i the lease provides for the rent payable under it to be reviewed at least once in every 5 years of the term, and ii the rent payable under the lease as a result of a review is required to be a market rent at the review date. 5 Condition 4 is that there has been no change to the lease since it was granted which is such that, immediately after the change has effect, the rent payable under the lease is less than a market rent. 6 The market rent of a lease at any time is the rent which the lease might reasonably be expected to fetch at that time in the open market. 7 A review date is a date from which the rent determined as a result of a rent review is payable. Election by property-investment partnership to disapply paragraph 13 36 1 Paragraph 13 does not apply to a transfer of a chargeable interest to a property-investment partnership if the buyer in the transaction elects for that paragraph not to apply. 2 Where an election under this paragraph is made in respect of a transaction— a paragraph 21 (transfer of chargeable interest from a partnership: general) is also disapplied, b the chargeable consideration for the transaction is taken to be the market value of the chargeable interest transferred, and c the transaction falls within Part 3 (ordinary partnership transactions) of this Schedule. 3 An election under this paragraph must be included in the return made in respect of the transaction, or in an amendment of that return (for provision as to amendment of returns, see section 41 of TCMA). 4 The election is irrevocable so that the return may not be amended so as to withdraw the election. 5 Where an election under this paragraph in respect of a transaction (the ““main transaction””) is made in an amendment of a return— a the election has effect as if it had been made on the date on which the return was made, and b any return in respect of an affected transaction may be amended (within the period allowed for amendment of that return) to take account of that election. 6 In sub-paragraph (5), “ "affected transaction” ” in relation to the main transaction means a transaction— a to which paragraph 34 (transfer of interest in property-investment partnership) applied, and b with an effective date on or after the effective date of the main transaction. Partnership interests: application of provisions about exchange 37 1 Where section 16 (exchanges) applies to the acquisition of an interest in a property-investment partnership in consideration of entering into a land transaction with an existing partner, the interest in the partnership is to be treated as a major interest in land, for the purposes of paragraph 5 of Schedule 4 if the relevant partnership property includes a major interest in land. 2 In sub-paragraph (1), “ "relevant partnership property” ” has the meaning given by paragraphs 34(6) or (7) (as appropriate, and as read with paragraph 35). 3 Where this paragraph applies, paragraph 6 of Schedule 4 (partition etc.: disregard of existing interest) does not apply. PART 9 APPLICATION OF EXEMPTIONS, RELIEFS, PROVISIONS OF TCMA AND NOTIFICATION PROVISIONS Introduction 38 In this Part of this Schedule— a paragraph 39 makes provision about the application of exemptions and reliefs to transactions to which this Schedule applies; b paragraphs 40 and 41 make provision about the application of group relief to certain transactions mentioned in Part 4 of this Schedule; c paragraph 42 makes provision about the application of charities relief to certain transfers of interest in a partnership; d paragraph 43 makes provision about the application of certain provisions of TCMA to partnerships; e paragraph 44 makes provision about the notification of certain transfers of interest in a partnership. Application of exemptions and reliefs 39 1 Paragraph 1 of Schedule 3 (exemption of transactions for which there is no chargeable consideration) does not apply to transactions to which paragraph 13, 18, 21 or 34 applies. 2 But (subject to paragraphs 40 and 42) this Schedule has effect subject to any other provision affording exemption or relief from tax. Application of group relief 40 1 Schedule 16 (group relief) applies to— a a transaction to which paragraph 13 applies, and b a transaction that is a chargeable transaction by virtue of paragraph 18, with the following modifications. 2 Paragraph 8 has effect as if— a in sub-paragraph (2)(a), for ““the buyer”” there were substituted “ a partner who was a partner at the effective date of the relieved transaction (““the relevant partner””) ” ; b for sub-paragraph (2)(b) there were substituted— b at the time the relevant partner ceases to be a member of the same group as the seller (“ "the relevant time” ”), a chargeable interest is held by or on behalf of the members of the partnership and that chargeable interest— i was acquired by or on behalf of the partnership under the relieved transaction, or ii is derived from a chargeable interest so acquired, and has not subsequently been acquired at market value under a chargeable transaction for which group relief was available but was not claimed. ; c in sub-paragraph (4), for the words from ““the transferee company”” to the end there were substituted “ or on behalf of the partnership and to the proportion in which the relevant partner is entitled at the relevant time to share in the income profits of the partnership ” ; d in sub-paragraph (5), the definition of ““relevant associated company”” were omitted. 3 Paragraphs 9 to 14 have effect as if for ““the buyer”” (each time it occurs) there were substituted “ the relevant partner ” . Sum of the lower portions: connected company 41 1 This paragraph applies where in calculating the sum of the lower proportions in relation to a transaction (in accordance with paragraph 14)— a a company (““the connected company””) would have been a corresponding partner of a relevant owner (““the original owner””) but for the fact that, by virtue of paragraph 16(1)(b), Step 2 includes connected persons only if they are individuals, and b the connected company and the original owner are members of the same group. 2 The charge in respect of the transaction is to be reduced to the amount that would have been payable had the connected company been a corresponding partner of the original owner for the purposes of calculating the sum of the lower proportions. 3 The provisions of Schedule 16 apply to relief under sub-paragraph (2) as to group relief under paragraph 2(1) of that Schedule, but— a as if paragraph 4(3)(a) were omitted, b as if in paragraph 8(2)(a) for ““the buyer”” there were substituted “ a partner who was, at the effective date of the transaction, a partner and a member of the same group as the transferor (““the relevant partner””) ” , and c with the other modifications specified in paragraph 40. Application of charities relief 42 1 Schedule 18 (charities relief) applies to the transfer of an interest in a partnership that is a chargeable transaction by virtue of paragraph 18 or 34 with the following modifications. 2 Paragraph 1(b) has effect as if for ““a buyer in a land transaction”” there were substituted “ a transferee under a transfer of an interest in a partnership that is a chargeable transaction by virtue of paragraph 18 or 34 of Schedule 7, ” . 3 Paragraph 2 has effect as if— a in sub-paragraph (1), for ““a buyer in a land transaction”” there were substituted “ a transferee under a transfer of an interest in a partnership by virtue of paragraph 18 or 34 of Schedule 7 ” ; b in sub-paragraph (1)(a), for ““if C intends to hold the subject-matter of the transaction”” there were substituted “ if every chargeable interest held as partnership property immediately after the transfer is held ” ; c sub-paragraph (1)(b) were omitted; d in sub-paragraph (2), for ““C holds the subject-matter of the transaction”” there were substituted “ a chargeable interest held as partnership property is held ” ; e after sub-paragraph (2) there were inserted— 2A There is a transfer of an interest in a partnership for the purposes of this Schedule if there is such a transfer for the purposes of Schedule 7 (see paragraph 48 of that Schedule). 2B Paragraph 45(1) of Schedule 7 (meaning of references to partnership property) applies for the purposes of this Schedule as it applies for the purposes of that Schedule. ; f in sub-paragraph (4), for ““a buyer in a land transaction”” there were substituted “ a transferee under a transfer of an interest in a partnership that is a chargeable transaction by virtue of paragraph 18 or 34 of Schedule 7 ” ; g in sub-paragraph (4)(b), for ““the subject-matter of the transaction”” there were substituted “ any chargeable interest held as partnership property immediately after the transaction ” . 4 Paragraph 3 has effect as if— a for ““a land transaction”” there were substituted “ a transfer of an interest in a partnership that is a chargeable transaction by virtue of paragraph 18 or 34 of Schedule 7 ” ; b for ““the buyer”” there were substituted “ the transferee ” . 5 Paragraph 4 has effect as if— a in sub-paragraph (1)(a), for ““a land transaction”” were substituted “ a transfer of an interest in a partnership that is a chargeable transaction by virtue of paragraph 18 or 34 of Schedule 7 ” ; b for sub-paragraph (4) there were substituted— 4 At the time of the disqualifying event the partnership property includes a chargeable interest— a that was held as partnership property immediately after the relieved transaction, or b that is derived from an interest held as partnership property at that time. ; c for sub-paragraph (6) there were substituted— 6 An “ "appropriate proportion” ” means an appropriate proportion having regard to— a the chargeable interests held as partnership property immediately after the relieved transaction and the chargeable interests held as partnership property at the time of the disqualifying event, and b the extent to which any chargeable interest held as partnership property at that time becomes used or held for purposes other than qualifying charitable purposes. Modifications of TCMA in relation to partnerships 43 1 TCMA applies in relation to land transaction tax in respect of a land transaction entered into as buyers by or on behalf of the members of a partnership with the following modifications. 2 Section 58 (conditions for making WRA assessments) has effect as if subsection (2)(c) were omitted. 3 Section 59 (time limits for WRA assessments) has effect as if in subsection (7) in the definition of ““related person””, paragraph (b) were omitted. 4 Section 79 (the claimant: partnerships) has effect as if there were substituted for it— The claimant: partnerships in relation to land transactions 79 1 This section is about the application of sections 63 and 63A in a case where— a (in a case falling within section 63(1)(a)) the person paid the amount in question in the capacity of a partner in a partnership (within the meaning of paragraph 3 of Schedule 7 to LTTA), b (in a case falling within section 63(1)(b)) the assessment was made on, or the determination related to the liability of, the person in such a capacity, or c (in a case falling within section 63A(1)) the buyer in the land transaction is a person acting in such a capacity. 2 In such a case, only a representative partner within the meaning of paragraph 10 of Schedule 7 to LTTA may make a claim under section 63 or 63A in respect of the amount in question. 5 Section 80 (assessment of claimant in connection with claim) has effect as if in subsection (2), for ““any relevant person (as defined in section 79(3))”” there were substituted “ a responsible partner within the meaning of paragraph 9 of Schedule 7 to LTTA ” . 6 Section 91 (requiring information and documents in relation to a partnership) has effect as if— a for subsection (1) there were substituted— 1 This section applies in relation to a partnership within the meaning of paragraph 3 of Schedule 7 to LTTA. ; b in subsection (2)— i in the opening words, for ““one of the partners”” (in both places) there were substituted “ one of the responsible partners ” ; ii in paragraphs (a)(iii) and (c), for ““at least one of the partners”” there were substituted “ the representative partner, or where there is no representative partner, to at least one of the responsible partners ” ; c after subsection (2) there were inserted— 3 ““Responsible partner”” and ““representative partner”” have the meanings given by paragraphs 9 and 10 of Schedule 7 to LTTA. 7 Section 100 (taxpayer notices following a tax return) has effect as if for subsection (6) there were substituted— 6 Where any responsible partner in a partnership has made a tax return, this section has effect as if that return had been made by each of the responsible partners. 6A ““Partnership”” and ““responsible partner”” have the meanings given by paragraphs 3 and 9 of Schedule 7 to LTTA. Notification of transfer of partnership interest 44 1 A transaction which is a chargeable transaction by virtue of paragraph 18 or 34 (transfer of partnership interest) is a notifiable transaction only if the chargeable consideration for the transaction exceeds the zero rate threshold. 2 The chargeable consideration for a transaction exceeds the zero rate threshold if it includes— a any amount in respect of which tax is chargeable at a rate of more than 0%, or b any amount in respect of which tax would be so chargeable but for a relief. PART 10 INTERPRETATION Partnership property and partnership share 45 1 Any reference in this Schedule to partnership property is to an interest or right held by or on behalf of a partnership, or the members of a partnership, for the purposes of the partnership business. 2 Any reference in this Schedule to a person's partnership share at any time is to the proportion in which the person is entitled at that time to share in the income profits of the partnership. Transfer of a chargeable interest 46 References in this Schedule to a transfer of a chargeable interest include— a the creation of a chargeable interest, b the variation of a chargeable interest, and c the surrender or release of a chargeable interest. Transfer of chargeable interest to a partnership 47 For the purposes of this Schedule, there is a transfer of a chargeable interest to a partnership in any case where a chargeable interest becomes partnership property. Transfer of interest in a partnership 48 For the purposes of this Schedule, where a person acquires or increases a partnership share there is a transfer of an interest in the partnership (to that partner and from the other partners). Transfer of a chargeable interest from a partnership 49 For the purposes of this Schedule, there is a transfer of a chargeable interest from a partnership in any case where— a a chargeable interest that was partnership property ceases to be partnership property, or b a chargeable interest is granted or created out of partnership property and the interest is not partnership property. Market value of leases 50 1 This paragraph applies in relation to a lease for the purposes of this Schedule if— a the grant of the lease is or was a transaction to which paragraph 13 applies or applied (or a transaction to which paragraph 13 would have applied if that paragraph had been in force at the time of the grant), or b the grant of the lease is a transaction to which paragraph 21 applies. 2 In determining the market value of the lease, an obligation of the tenant under the lease is to be taken into account if (but only if)— a it is an obligation such as is mentioned in paragraph 16(1) of Schedule 6 (tenant's obligations that do not count as chargeable consideration), or b it is an obligation to make a payment to a person. Connected persons 51 1 Section 1122 of the Corporation Tax Act 2010 (c. 4) (connected persons) has effect for the purposes of this Schedule. 2 As applied by sub-paragraph (1), that section has effect with the omission of subsection (7) (partners connected with each other). 3 As applied by sub-paragraph (1) for the purposes of paragraphs 15, 16, 23 and 24, that section has effect with the omission of subsection (6)(c) to (e) (trustee connected with settlement). Arrangements 52 In this Schedule, “ "arrangements” ” has the meaning given by section 31(3). SCHEDULE 8 TRUSTS (as introduced by section 42(1)) Overview 1 1 This Schedule makes provision about the application of this Act and TCMA in relation to trusts. 2 This Schedule is arranged as follows— a paragraph 2 defines key terms; b paragraph 3 makes provision about transactions involving bare trusts; c paragraphs 4 to 10 make provision about transactions involving settlements and the responsibilities of trustees of a settlement; d paragraph 11 makes provision about the treatment of the interests of beneficiaries under certain trusts. Key terms 2 1 In this Schedule, a “ "bare trust” ” means a trust under which property is held by a person as trustee— a for a person who is absolutely entitled as against the trustee, or who would be so entitled but for being aged under 18 or lacking capacity (within the meaning of the Mental Capacity Act 2005 (c. 9)) to administer and manage the person's property and affairs, or b for two or more persons who are or would be jointly so entitled, and includes a case in which a person holds property as nominee for another. 2 The reference in sub-paragraph (1) to a person being absolutely entitled as against the trustee is a reference to a case where the person has the exclusive right, subject only to satisfying any outstanding charge, lien or other right of the trustee— a to resort to the property for payment of duty, taxes, costs or other outgoings, or b to direct how the property is to be dealt with. 3 In this Schedule, a “ "settlement” ” means a trust that is not a bare trust. Bare trusts 3 1 Where a person (““T””) acquires a chargeable interest or an interest in a partnership as bare trustee, this Act applies as if the interest were vested in, and the acts of T in relation to it were the acts of, the person or persons for whom T is trustee. 2 But sub-paragraph (1) does not apply in relation to the grant of a lease. 3 Where a lease is granted to a person as bare trustee, that person is to be treated for the purposes of this Act, as it applies in relation to the grant of the lease, as buyer of the whole of the interest acquired. 4 Where a lease is granted by a person as bare trustee, that person is to be treated for the purposes of this Act, as it applies in relation to the grant of the lease, as seller of the whole of the interest disposed of. Acquisition by trustees of settlement 4 Where persons acquire a chargeable interest or an interest in a partnership as trustees of a settlement, they are to be treated for the purposes of this Act, as it applies in relation to that acquisition, as buyers of the whole of the interest acquired (including the beneficial interest). Consideration for exercise of power of appointment or discretion 5 1 Sub-paragraph (2) applies where a chargeable interest is acquired by virtue of— a the exercise of a power of appointment, or b the exercise of a discretion vested in trustees of a settlement. 2 Any consideration given for the person in whose favour the appointment was made or the discretion was exercised becoming an object of the power or discretion is to be treated as consideration for the acquisition of the interest. Reallocation of trust property as between beneficiaries 6 Where— a the trustees of a settlement reallocate trust property in such a way that a beneficiary acquires an interest in certain trust property and ceases to have an interest in other trust property, and b the beneficiary consents to ceasing to have an interest in that other property, the fact that the beneficiary gives consent does not mean that there is chargeable consideration for the acquisition. Responsibility of trustees of settlement 7 1 Where the trustees of a settlement are liable to pay— a tax or late payment interest on that tax, b an amount under section 55 of TCMA (recovery of excessive repayment) or late payment interest on that amount, or c a penalty under Part 5 of TCMA or late payment interest on that penalty, the payment, penalty or interest may be recovered (but only once) from any one or more of the responsible trustees. 2 No amount may be recovered by virtue of sub-paragraph (1)(c) from a person who did not become a responsible trustee until after the relevant time. 3 The responsible trustees, in relation to a land transaction, are the persons who are trustees at the effective date of the transaction and any person who subsequently becomes a trustee. 4 The relevant time is— a in relation to so much of a penalty as is payable in respect of any day, or to late payment interest on so much of a penalty as is so payable, the beginning of that day; b in relation to any other penalty, or to late payment interest on the penalty, the time when the act or omission occurred that caused the penalty to become payable. 5 In this paragraph, “ "late payment interest” ” means late payment interest under Part 6 of TCMA. Relevant trustees for purposes of return etc. 8 1 A return in relation to a land transaction may be made or given by any one or more of the trustees who are the responsible trustees in relation to the transaction. 2 The trustees by whom such a return is made are referred to in this Schedule as “ "the relevant trustees” ”. 3 The declaration required by section 53 (declaration that return is complete and correct) must be made by all the relevant trustees. Relevant trustees: enquiries and assessments 9 1 If WRA issues a notice of enquiry under section 43 of TCMA into the return— a the notice must be issued to each of the relevant trustees whose identity is known to WRA; b the powers of WRA under Part 4 of TCMA to require information and documents for the purposes of the enquiry are exercisable separately (and differently) in relation to each of the relevant trustees; c any of the relevant trustees may apply under section 51 of TCMA for a direction that a closure notice be issued (and all of them are entitled to be parties to the application); d any closure notice under section 50 of TCMA must be issued to each of the relevant trustees whose identity is known to WRA. 2 A WRA determination under section 52 of TCMA relating to the transaction must be made against all of the relevant trustees and is not effective against any of them unless notice of it is given to each of them whose identity is known to WRA. 3 A WRA assessment under section 54 or 55 of TCMA relating to the transaction must be made in respect of all of the relevant trustees and is not effective in respect of any of them unless notice of it is issued under section 61 of TCMA to each of them whose identity is known to WRA. Relevant trustees: appeals and reviews 10 1 The agreement of all the relevant trustees is required if a settlement agreement relating to the transaction is to be entered into under section 184 of TCMA. 2 A notice of request under section 173 of TCMA may be given by any of the relevant trustees. 3 Where WRA undertakes a review of an appealable decision relating to the transaction following such a request made by some (but not all) of the relevant trustees— a notice of the review must be issued by WRA to each of the other relevant trustees whose identity is known to WRA; b any of the other relevant trustees may be a party to the review if they notify WRA in writing; c notice of WRA's conclusions under section 176(5), (6) or (7) of TCMA must be issued to each of the relevant trustees whose identity is known to WRA; d section 177 of TCMA (effect of conclusions of review) applies in relation to all of the relevant trustees. 4 In the case of an appeal under Part 8 of TCMA relating to the transaction— a the appeal may be brought by any of the relevant trustees; b notice of the appeal must be issued by WRA to each of the relevant trustees who are not bringing the appeal and whose identity is known to WRA; c any of the relevant trustees are entitled to be parties to the appeal; d the tribunal's determination under section 181 of TCMA binds all the relevant trustees. Interests of beneficiaries under certain trusts 11 1 Sub-paragraphs (2) and (3) apply where property is held in trust under the law of Scotland, or of a country or territory outside the United Kingdom, on terms such that, if the trust had effect under the law of England and Wales, a beneficiary would be regarded as having an equitable interest in the trust property. 2 The beneficiary is to be treated for the purpose of this Act as having an equitable interest in the trust property despite the fact that no such interest is recognised by the law of Scotland or, as the case may be, the country or territory outside the United Kingdom. 3 An acquisition of the interest of a beneficiary under the trust is to be treated as involving the acquisition of an interest in the trust property. SCHEDULE 9 SALE AND LEASEBACK RELIEF (as introduced by section 30(1)) The relief 1 The leaseback element of a sale and leaseback arrangement is relieved from tax if the qualifying conditions are met. Sale and leaseback arrangements 2 A sale and leaseback arrangement is an arrangement under which— a a person (““A””) transfers or grants to another person (““B””) a major interest in land (the ““sale””), and b out of that interest B grants a lease to A (the ““leaseback””). Qualifying conditions 3 1 The qualifying conditions are— a that the sale transaction is entered into wholly or partly in consideration of the leaseback transaction being entered into, b that the only other consideration (if any) for the sale is the payment of money (whether in sterling or another currency) or the assumption, satisfaction or release of a debt (or both), c that the sale is not a transfer of rights within the meaning of section 12 (contract providing for transfer to third party: effect of transfer of rights) or a pre-completion transaction within the meaning of Schedule 2 (pre-completion transactions), and d where A and B are both bodies corporate at the effective date of the leaseback transaction, that they are not members of the same group for the purposes of group relief (see Schedule 16) at that date. 2 In sub-paragraph (1)(b), “ "debt” ” means an obligation, whether certain or contingent, to pay a sum of money either immediately or at a future date. SCHEDULE 10 ALTERNATIVE PROPERTY FINANCE RELIEFS (as introduced by section 30(1)) PART 1 INTRODUCTORY Overview 1 1 This Schedule makes provision for relief in the case of certain land transactions connected to alternative property finance arrangements. 2 The Schedule is arranged as follows— a Part 2 sets out the circumstances in which certain transactions are relieved from tax; b Part 3 sets out the circumstances where relief is not available; c Part 4 makes provision for an interest held by a financial institution in certain circumstances to be treated as an exempt interest; d Part 5 defines certain terms for the purposes of this Schedule. PART 2 THE RELIEFS Land sold to financial institution and leased to a person 2 1 This paragraph applies where arrangements are entered into between a person (““P””) and a financial institution under which— a the institution purchases a major interest in land or an undivided share of a major interest in land (““the first transaction””), b where the interest purchased is an undivided share, the major interest is held on trust for the institution and P as beneficial tenants in common, c the institution (or the person holding the land on trust as mentioned in paragraph (b)) grants to P out of the major interest a lease (if the major interest is freehold) or a sub-lease (if the major interest is leasehold) (““the second transaction””), and d the institution and P enter into an agreement under which P has a right to require the institution or its successor in title to transfer to P (in one transaction or a series of transactions) the whole interest purchased by the institution under the first transaction. 2 The first transaction is relieved from tax if the seller is— a P, or b another financial institution by whom the interest was acquired under arrangements of the kind mentioned in sub-paragraph (1) entered into between it and P. 3 The second transaction is relieved from tax if the provisions of this Act and TCMA relating to the first transaction are complied with (including any requirement to pay tax chargeable on the first transaction). 4 A transfer to P that results from the exercise of the right mentioned in sub-paragraph (1)(d) (““a further transaction””) is relieved from tax if— a the provisions of this Act and TCMA relating to the first and second transactions are complied with, and b at all times between the second transaction and the further transaction— i the interest purchased under the first transaction is held by a financial institution so far as not transferred by a previous further transaction, and ii the lease or sub-lease granted under the second transaction is held by P. 5 The agreement mentioned in sub-paragraph (1)(d) is not to be treated— a as substantially performed unless and until the whole interest purchased by the institution under the first transaction has been transferred to P (and accordingly section 14(1) does not apply), nor b as a distinct land transaction by virtue of section 15 (options and rights of pre-emption). 6 A further transaction that is relieved from tax by virtue of sub-paragraph (4) is not a notifiable transaction unless it involves the transfer to P of the whole interest purchased by the institution under the first transaction, so far as not transferred by a previous further transaction. Land sold to financial institution and re-sold to a person 3 1 This paragraph applies where arrangements are entered into between a person (““P””) and a financial institution under which— a the institution— i purchases a major interest in land (““the first transaction””), and ii sells that interest to P (““the second transaction””), and b P grants the institution a legal mortgage (as defined in section 205(1)(xvi) of the Law of Property Act 1925 (c. 20)) over that interest. 2 The first transaction is relieved from tax if the seller is— a P, or b another financial institution by whom the interest was acquired under other arrangements of the kind mentioned in paragraph 2(1) entered into between it and P. 3 The second transaction is relieved from tax if the financial institution complies with the provisions of this Act and TCMA relating to the first transaction and, where that includes a requirement to pay tax chargeable on the first transaction, the tax so chargeable must be based on chargeable consideration that is not less than the market value of the interest and, in the case of the grant of a lease at a rent, the market rent. 4 For the purposes of sub-paragraph (3), the market rent of a lease at any time is the rent which the lease might reasonably be expected to fetch at that time in the open market. References to P where P is an individual who has died 4 References in paragraphs 2 and 3 to P are to be read, in relation to times after P has died, as references to P's personal representatives. PART 3 CIRCUMSTANCES WHERE ARRANGEMENTS NOT RELIEVED No relief where group relief, acquisition relief or reconstruction relief available on first transaction 5 Paragraphs 2 and 3 do not apply to arrangements in relation to which group relief, acquisition relief or reconstruction relief is available on the first transaction (even if such a relief is subsequently withdrawn). Land sold to financial institution and leased to a person: arrangements to transfer control of institution 6 1 Paragraph 2 does not apply to alternative finance arrangements if those arrangements, or any connected arrangements, include arrangements for a person to acquire control of the relevant financial institution. 2 That includes arrangements for a person to acquire control of the relevant financial institution only if one or more conditions are met (such as an event occurring or the carrying out of an act). 3 In this paragraph— “ "alternative finance arrangements” ” (“ " trefniadau cyllid eraill ”") means the arrangements referred to in paragraph 2(1); “ "connected arrangements” ” (“ " trefniadau cysylltiedig ”") means any arrangements entered into in connection with the making of alternative finance arrangements (including arrangements involving one or more persons who are not parties to the alternative finance arrangements); “ "relevant financial institution” ” (“ " sefydliad ariannol perthnasol ”") means the financial institution which enters into the alternative finance arrangements. 4 Section 1124 of the Corporation Tax Act 2010 (c. 4) applies for the purposes of determining who has control of the relevant financial institution. PART 4 EXEMPT INTEREST Interest held by financial institution an exempt interest 7 1 An interest held by a financial institution as a result of the first transaction within the meaning of paragraph 2(1)(a) is an exempt interest (but see the following). 2 The interest ceases to be an exempt interest if— a the lease mentioned in paragraph 2(1)(c) ceases to have effect, or b the right under paragraph 2(1)(d) ceases to have effect or becomes subject to a restriction. 3 The interest is not an exempt interest if group relief, acquisition relief or reconstruction relief is available on the first transaction (even if such a relief is subsequently withdrawn). 4 Despite sub-paragraph (1), the interest is not an exempt interest in respect of— a the first transaction itself, or b a further transaction within the meaning of paragraph 2(4). PART 5 INTERPRETATION Meaning of ““financial institution”” 8 In this Schedule, “ "financial institution” ” means— a a financial institution within the meaning of section 564B of the Income Tax Act 2007 (c. 3) (alternative finance arrangements: meaning of ““financial institution””) other than a person referred to in subsection (1)(d) of that section (persons with permission to enter into credit agreements and contracts for hire of goods); b a person with permission under Part 4A of the Financial Services and Markets Act 2000 (c. 8) to carry on the regulated activity specified in Article 63F(1) of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 ( S.I. 2001/544) (entering into regulated home purchase plans as home purchase providers). Meaning of ““arrangements”” 9 In this Schedule, “ "arrangements” ” includes any agreement, understanding, scheme, transaction or series of any of those things (whether or not legally enforceable). SCHEDULE 11 RELIEF FOR ALTERNATIVE FINANCE INVESTMENT BONDS (as introduced by section 30(1)) PART 1 INTRODUCTORY Overview 1 1 This Schedule makes provision for relief in the case of certain land transactions connected to alternative finance investment bonds. 2 The Schedule is arranged as follows— a this Part includes definitions of key terms (paragraph 2); b Part 2 provides that certain events relating to an alternative finance investment bond are not to be treated as chargeable transactions (paragraph 3) and provides for exceptions to that (paragraph 4); c Part 3 sets out the general conditions which apply to the operation of the reliefs provisions in Part 4; d Part 4 provides for relief for certain transactions (paragraphs 13 and 15) as well as making provision about withdrawal of relief (paragraph 14) and circumstances where relief is not available (paragraph 17); e Part 5 sets out how to apply the relief provisions in cases where the underlying asset is replaced by another asset (paragraph 18) and imposes a duty on WRA to notify the Chief Land Registrar when a charge registered under this Schedule is discharged (paragraph 19). Interpretation 2 In this Schedule— “ "alternative finance investment bond” ” (“ " bond buddsoddi cyllid arall ”") means arrangements to which section 564G of the Income Tax Act 2007 (c. 3) (investment bond arrangements) applies; “ "arrangements” ” (“ " trefniadau ”") includes any agreement, understanding, scheme, transaction or series of any of those things (whether or not legally enforceable); “ "bond assets” ” (“ " asedau bond ”"), “ "bond-holder” ” (“ " deiliad bond ”"), “ "bond-issuer” ” (“ " dyroddwr bond ”") and “ "capital” ” (“ " cyflafaf ”") have the meaning given by section 564G of the Income Tax Act 2007 (c. 3); “ "prescribed” ” (“ " rhagnodedig ”") means prescribed in regulations made by the Welsh Ministers; “ "qualifying interest” ” (“ " buddiant cymwys ”") means a major interest in land other than a lease for a term of 21 years or less. PART 2 ISSUE, TRANSFER AND REDEMPTION OF RIGHTS UNDER BOND NOT TO BE TREATED AS CHARGEABLE TRANSACTION Bond-holder not to be treated as having an interest in the bond assets 3 For the purposes of this Act— a the bond-holder under an alternative finance investment bond is not treated as having an interest in the bond assets; b the bond-issuer under such a bond is not treated as a trustee of the bond assets. Bond-holder treated as having an interest if control of underlying asset acquired 4 1 Paragraph 3 does not apply if control of the underlying asset is acquired by— a a bond-holder, or b a group of connected bond-holders. 2 A bond-holder (““BH””), or a group of connected bond-holders, acquires control of the underlying asset if— a the rights of bond-holders under an alternative finance investment bond include the right of management and control of the bond assets, and b BH, or the group, acquires sufficient rights to enable BH, or the members of the group acting jointly, to exercise management and control of the bond assets to the exclusion of any other bond-holders. 3 But sub-paragraph (1) does not operate to disapply paragraph 3 in either of the following cases. 4 The first case is where— a at the time that the rights were acquired BH (or all of the connected bond-holders) did not know and had no reason to suspect that the acquisition enabled the exercise of the right of management and control of the bond assets, and b as soon as reasonably practicable after BH (or any of the bond-holders) becomes aware that the acquisition enables that exercise, BH transfers (or some or all of the bond-holders) transfer sufficient rights for that exercise no longer to be possible. 5 The second case is where BH— a underwrites a public offer of rights under the bond, and b does not exercise the right of management and control of the bond assets. 6 In this paragraph, “ "underwrite” ”, in relation to an offer of rights under a bond, means to agree to make payments of capital under the bond in the event that other persons do not make those payments. PART 3 CONDITIONS FOR OPERATION OF RELIEFS ETC. Introduction 5 This Part of this Schedule defines conditions 1 to 7 for the purposes of paragraphs 13 to 16 and 18. Condition 1 6 Condition 1 is that one person (““A””) and another (““B””) enter into arrangements under which— a A transfers to B a qualifying interest in land (““the first transaction””), and b A and B agree that when the interest ceases to be held by B as mentioned in paragraph 7(b), B will transfer the interest to A. Condition 2 7 Condition 2 is that— a B, as bond-issuer, enters into an alternative finance investment bond (whether before or after entering into the arrangements mentioned in condition 1), and b the interest in land to which the arrangements mentioned in condition 1 relate is held by B as a bond asset. Condition 3 8 1 Condition 3 is that, for the purpose of generating income or gains for the alternative finance investment bond— a B and A enter into a leaseback agreement, or b such other condition or conditions as may be prescribed is or are met. 2 For the purposes of condition 3, B and A enter into a leaseback agreement if B grants to A, out of the interest transferred to B— a a lease (if the interest transferred is freehold), or b a sub-lease (if the interest transferred is leasehold). Condition 4 9 1 Condition 4 is that, before the end of the period of 120 days beginning with the effective date of the first transaction, B provides WRA with the prescribed evidence that a satisfactory legal charge has been entered in the register of title kept under section 1 of the Land Registration Act 2002 (c. 9). 2 A charge is satisfactory for the purposes of condition 4 if it— a is a first charge on the interest transferred to B, b is in favour of WRA, and c is for the total of— i the amount of tax which would (apart from paragraph 13) be chargeable on the first transaction if the chargeable consideration for that transaction had been the market value of the interest on the effective date of that transaction, and ii any interest and penalties which would for the time being be payable on or in relation to that amount of tax, if the tax had been payable (but not paid) in respect of the first transaction. Condition 5 10 Condition 5 is that the total of the payments of capital made to B before the termination of the bond is not less than 60% of the market value of the interest in the land on the effective date of the first transaction. Condition 6 11 Condition 6 is that B holds the interest in the land as a bond asset until the termination of the bond. Condition 7 12 Condition 7 is that— a before the end of the period of 30 days beginning with the date on which the interest in the land ceases to be held as a bond asset, the interest is transferred by B to A (““the second transaction””), and b the second transaction is given effect not more than 10 years (or such other period as may be prescribed) after the first transaction. PART 4 RELIEF FOR CERTAIN TRANSACTIONS Relief for the first transaction 13 1 The first transaction is relieved from tax if each of conditions 1 to 3 is met before the end of the period of 30 days beginning with the effective date of that transaction. 2 Where the qualifying interest in land is replaced as the bond asset by an interest in other land, sub-paragraph (1) is subject to paragraph 18 (replacement of asset). 3 Sub-paragraph (1) is also subject to paragraph 17 (no relief where bond-holder acquires control of underlying asset). Withdrawal of relief for the first transaction 14 1 Relief under paragraph 13 is withdrawn if— a the qualifying interest in land is transferred by B to A without conditions 5 and 6 having been met, b the period mentioned in (or prescribed under) paragraph 12(b) expires and any one of those conditions has not been met, or c at any time it becomes apparent for any other reason that any one of conditions 5 to 7 cannot or will not be met. 2 Relief under paragraph 13 is also withdrawn if condition 4 is not met. 3 Where relief under paragraph 13 is withdrawn the amount of tax chargeable on the first transaction is the tax that would have been chargeable but for the relief if the chargeable consideration for the transaction had been the market value of the qualifying interest on the effective date of the transaction. Relief for the second transaction 15 1 The second transaction is relieved from tax if— a each of conditions 1 to 7 is met, and b the provisions of this Act and TCMA in relation to the first transaction are complied with. 2 Where the qualifying interest in land is replaced as the bond asset by an interest in other land, sub-paragraph (1) is subject to paragraph 18 (replacement of asset). 3 Sub-paragraph (1) is also subject to paragraph 17 (no relief where bond-holder acquires control of underlying asset). Discharge of charge when conditions for relief met 16 If, after the effective date of the second transaction, B provides WRA with the prescribed evidence that each of conditions 1 to 3 and 5 to 7 has been met, the land ceases to be subject to the charge registered in pursuance of condition 4. Relief not available where bond-holder acquires control of underlying asset 17 1 Relief provided under paragraph 13 or 15 (including where the relief is provided under either paragraph as modified by paragraph 18) is not available if control of the underlying asset is acquired by— a the bond-holder, or b a group of connected bond-holders. 2 A bond-holder (““BH””), or a group of connected bond-holders, acquires control of the underlying asset if— a the rights of bond-holders under an alternative finance investment bond include the right of management and control of the bond assets, and b BH, or the group, acquires sufficient rights to enable BH, or the members of the group acting jointly, to exercise management and control of the bond assets to the exclusion of any other bond-holders. 3 If BH, or the group, acquires control of the underlying asset before the end of the period of 30 days beginning with the effective date of the first transaction, the effect of sub-paragraph (1) is that paragraph 13 does not apply to that transaction. 4 If BH, or the group, acquires control of the underlying asset after the end of that period and conditions 1 to 3 have been met, the effect of sub-paragraph (1) is that any relief under paragraph 13 is treated as withdrawn under paragraph 14. 5 But sub-paragraph (1) does not prevent the reliefs being available in either of the following cases. 6 The first case is where— a at the time that the rights were acquired BH (or all of the connected bond-holders) did not know and had no reason to suspect that the acquisition enabled the exercise of the right of management and control of the bond assets, and b as soon as reasonably practicable after BH (or any of the bond-holders) becomes aware that the acquisition enables that exercise, BH transfers (or some or all of the bond-holders transfer) sufficient rights for that exercise no longer to be possible. 7 The second case is where BH— a underwrites a public offer of rights under the bond, and b does not exercise the right of management and control of the bond assets. 8 In this paragraph, “ "underwrite” ”, in relation to an offer of rights under a bond, means to agree to make payments of capital under the bond in the event that other persons do not make those payments. PART 5 SUPPLEMENTARY Replacement of asset 18 1 Paragraphs 13 to 16 apply with the modifications set out in sub-paragraph (2) or (as the case may be) (3) if— a conditions 1 to 3 and 7 are met in relation to an interest in land (““the original land””), b B ceases to hold the original land as a bond asset (and accordingly, transfers it to A) before the termination of the alternative finance investment bond, c A and B enter into further arrangements satisfying condition 1 relating to an interest in other land (““the replacement land””), and d the value of the interest in the replacement land at the time it is transferred from A to B is greater than or equal to the market value of the interest in the original land on the effective date of the first transaction relating to the original land. 2 In relation to the original land, condition 6 does not need to be met if conditions 1, 2, 3, 6 and 7 (as modified by sub-paragraph (3)) are met in relation to the replacement land. 3 In relation to the replacement land— a condition 5 applies as if the reference to the interest in land were a reference to the interest in the original land, and b condition 7 applies as if the reference in paragraph 12(b) to the first transaction were a reference to the first transaction relating to the original land. 4 If the replacement land is in Wales, the original land ceases to be subject to the charge registered in pursuance of condition 4 when— a B provides WRA with the prescribed evidence that condition 7 is met in relation to the original land, and b condition 4 is met in relation to the replacement land. 5 If the replacement land is not in Wales, the original land ceases to be subject to the charge registered in pursuance of condition 4 when B provides WRA with the prescribed evidence that— a condition 7 is met in relation to the original land, and b each of conditions 1 to 3 is met in relation to the replacement land. 6 This paragraph also applies where the replacement land is replaced by further replacement land; and in that event— a references to the original land (except those in sub-paragraph (3)) are to be read as references to the replacement land, and b references to the replacement land are to be read as references to the further replacement land. WRA to notify Registrar of discharge of charge 19 1 Where a charge is discharged in accordance with paragraph 16 or 18(4) or (5), WRA must notify the Chief Land Registrar of the discharge in accordance with land registration rules (within the meaning of the Land Registration Act 2002 (c. 9)). 2 WRA must do so within the period of 30 days beginning with the date on which B provides the evidence in question. SCHEDULE 12 RELIEF FOR INCORPORATION OF LIMITED LIABILITY PARTNERSHIP (as introduced by section 30(1)) The relief 1 A transaction by which a chargeable interest is transferred by a person (“ "the transferor” ”) to a limited liability partnership in connection with its incorporation is relieved from tax if conditions A to C are met. Condition A 2 Condition A is that the effective date of the transaction is not more than one year after the date of incorporation of the limited liability partnership. Condition B 3 Condition B is that at the relevant time the transferor— a is a partner in a partnership comprised of all the persons who are, or are to be, members of the limited liability partnership (and no-one else), or b holds the chargeable interest as nominee or bare trustee for one or more of the partners in such a partnership. Condition C 4 Condition C is that— a the proportions of the chargeable interest to which the persons mentioned in paragraph 3(a) are entitled immediately after the transfer are the same as those to which they were entitled at the relevant time, or b none of the differences in those proportions has arisen as part of arrangements of which the main purpose, or one of the main purposes, is the avoidance of liability to tax. Interpretation 5 1 In this Schedule— “ "limited liability partnership” ” (“ " partneriaeth atebolrwydd cyfyngedig ”") means a limited liability partnership formed under the Limited Liability Partnerships Act 2000 (c. 12); “ "the relevant time” ” (“ " yr adeg berthnasol ”") means— where the transferor acquired the chargeable interest after the incorporation of the limited liability partnership, immediately after the transferor acquired it, and in any other case, immediately before the limited liability partnership's incorporation. 2 In paragraph 4(b), “ "arrangements” ” includes any scheme, agreement or understanding, whether or not legally enforceable. SCHEDULE 13 RELIEF FOR ACQUISITIONS INVOLVING MULTIPLE DWELLINGS (as introduced by section 30(1)) Overview 1 This Schedule makes provision about relief available for acquisitions involving multiple dwellings. 2 This Schedule is arranged as follows— a paragraph 3 identifies the transactions to which this Schedule applies, b paragraph 4 defines key terms, c paragraph 5 provides for the amount of tax chargeable, d paragraphs 6 and 7 make further provision about how the tax is calculated, and e paragraph 8 provides for certain buildings which are yet to be constructed or adapted to be treated as dwellings for the purposes of this Schedule. Transactions to which this Schedule applies 3 1 This Schedule applies to a relevant transaction. 2 A ““relevant transaction”” is a chargeable transaction that is— a within sub-paragraph (3) or (4), and b not excluded by sub-paragraph (5). 3 A transaction is within this sub-paragraph if its main subject-matter consists of— a an interest in at least two dwellings, or b an interest in at least two dwellings and other property. 4 A transaction is within this sub-paragraph if— a its main subject-matter consists of— i an interest in a dwelling, or ii an interest in a dwelling and other property, b it is one of a number of linked transactions, and c the main subject-matter of at least one of the other linked transactions consists of — i an interest in some other dwelling or dwellings, or ii an interest in some other dwelling or dwellings and other property. 5 A transaction is excluded by this sub-paragraph if— a paragraph 10 (relief for transactions entered into by persons exercising collective rights) of Schedule 14 applies to it, or b relief under Schedule 16 (group relief), Schedule 17 (reconstruction and acquisition relief) or Schedule 18 (charities relief) is available for it (even if such a relief is withdrawn). 6 A reference in this Schedule to an interest in a dwelling is to any chargeable interest in or over a dwelling. 7 But, in the case of a dwelling subject to a lease granted for an initial term of more than 21 years, any interest that is a superior interest in relation to the lease is not to be treated as an interest in a dwelling for the purposes of paragraphs 4 and 5. 8 Sub-paragraph (7) does not apply where— a the seller is a qualifying body within the meaning given by paragraph 9(3) of Schedule 15 (relief for certain acquisitions of residential properties by tenants), b the transaction is a sale under a sale and leaseback arrangement within the meaning of paragraph 2 of Schedule 9 (sale and leaseback arrangements), c that sale is the grant of a leasehold interest, and d the leaseback element of that arrangement is relieved from tax under Schedule 9 (sale and leaseback relief). Key terms 4 1 ““The consideration attributable to dwellings”” is— a for a single dwelling transaction, so much of the chargeable consideration for the transaction as is attributable to the dwelling; b for a multiple dwelling transaction, so much of the chargeable consideration for the transaction as is attributable to the dwellings in total. 2 ““The remaining consideration”” is the chargeable consideration for the transaction less the consideration attributable to dwellings. 3 A relevant transaction is a ““single dwelling transaction”” if its main subject-matter consists of— a an interest in a dwelling, or b an interest in a dwelling and other property. 4 A relevant transaction is a ““multiple dwelling transaction”” if its main subject-matter consists of— a an interest in at least two dwellings, or b an interest in at least two dwellings and other property. 5 “ "Attributable” ” means attributable on a just and reasonable apportionment. The amount of tax chargeable 5 1 If relief under this Schedule is claimed for a relevant transaction, the amount of tax chargeable in respect of the transaction is the sum of— a the tax related to the consideration attributable to dwellings, and b the tax related to the remaining consideration (if any). 2 If the whole or part of the chargeable consideration for a relevant transaction is rent, sub-paragraph (1) has effect subject to Part 5 of Schedule 6 (leases: calculation of tax chargeable). Determining the tax related to the consideration attributable to dwellings 6 1 For the purposes of paragraph 5(1)(a), ““the tax related to the consideration attributable to dwellings”” is determined as follows— Step 1 Determine the amount of tax that would be chargeable under section 27 on the assumption that— the chargeable transaction is a residential property transaction, and the chargeable consideration were the fraction produced by dividing total dwellings consideration by total dwellings. Step 2 Multiply the amount determined at Step 1 by total dwellings. Step 3 If the relevant transaction is one of a number of linked transactions, go to Step 4. Otherwise, the amount found at Step 2 is the tax related to the consideration attributable to dwellings. Step 4 Multiply the amount found at Step 2 by— CD TDC Figure 12 where— ““ CD ”” is the consideration attributable to dwellings for the relevant transaction, and ““TDC”” is total dwellings consideration. 2 But if the amount found at Step 2 of sub-paragraph (1) is less than 1% of total dwellings consideration, for the purposes of paragraph 5(1)(a) ““the tax related to the consideration attributable to dwellings”” is an amount equal to 1% of the consideration attributable to dwellings. 3 ”Total dwellings consideration” means— a for a transaction that is not one of a number of linked transactions, the consideration attributable to dwellings for that transaction; b for one of a number of linked transactions— i the total of the consideration attributable to dwellings for that transaction and all the other linked transactions that are relevant transactions, plus ii so much of the chargeable consideration for any of the linked transactions (whether or not relevant transactions) as is not included in the calculation under paragraph (i) but is attributable to the same dwellings by reference to which that calculation is made. 4 “ "Total dwellings” ” means the total number of dwellings by reference to which total dwellings consideration is calculated. 5 In the application of sub-paragraph (1), no account is to be taken of— a section 72(9) (transfer of 6 or more separate dwellings treated as non-residential property), or b paragraph 34 (tax chargeable for consideration other than rent: mixed leases) of Schedule 6 (leases). 6 In the application of sub-paragraph (1), where a relevant transaction is a higher rates residential property transaction (as provided for in Schedule 5), the amount of tax that would be chargeable under section 27 is to be determined on that basis. 7 The Welsh Ministers may by regulations amend sub-paragraph (2) so as to substitute for the percentages for the time being specified there, different percentages. Determining the tax related to the remaining consideration 7 1 For the purposes of paragraph 5(1)(b), ““the tax related to the remaining consideration”” is the appropriate fraction of the amount of tax which (but for this Schedule) would be due in respect of the relevant transaction. 2 In sub-paragraph (1), “ "the appropriate fraction” ” means— RC TDC + TRC Figure 13 where— ““RC”” is the remaining consideration for the relevant transaction, ““TDC”” is total dwellings consideration, and ““TRC”” is total remaining consideration. 3 The ““total remaining consideration”” is— a for a transaction that is not one of a number of linked transactions, the remaining consideration for that transaction; b for one of a number of linked transactions— i the total of the chargeable consideration for all those transactions, less ii total dwellings consideration. Circumstances in which subsidiary dwellings do not count as separate dwellings 7A 1 Sub-paragraph (3) applies in relation to a chargeable transaction— a where— i the buyer is an individual, and ii the main subject-matter of the transaction consists of a major interest in two or more dwellings (“purchased dwellings”), b where only one of the purchased dwellings is a qualifying dwelling, and c to which paragraph 15 of Schedule 5 does not apply. 2 But sub-paragraph (3) does not apply in relation to a chargeable transaction that— a is within sub-paragraph (1), and b to which paragraph 18 of Schedule 5 applies (intermediate transaction treated as a higher rates residential property transaction). 3 For the purposes of this Schedule, the interests in the qualifying dwelling mentioned in sub-paragraph (1)(b) and a purchased dwelling (or more than one) that is subsidiary to it are treated as if they were an interest in a single dwelling. 4 For the purposes of this paragraph, a purchased dwelling (“dwelling A”) is subsidiary to a qualifying dwelling (“dwelling B”) if dwelling A would be subsidiary to dwelling B for the purposes of Schedule 5 (see paragraph 14 of that Schedule). 5 In this paragraph, “ qualifying dwelling ” means a dwelling that is a qualifying dwelling for the purposes of Part 3 of Schedule 5 (see paragraph 13 of that Schedule). Certain buildings not yet constructed or adapted to count as a dwelling 8 1 For the purposes of this Schedule, the main subject-matter of a transaction is to be taken to consist of or include an interest in a dwelling if— a substantial performance of a contract constitutes the effective date of that transaction by virtue of a relevant deeming provision, b the main subject-matter of the transaction consists of or includes an interest in a building, or a part of a building, that is to be constructed or adapted under the contract for use as a dwelling, and c construction or adaptation of the building, or the part of a building, has not begun by the time the contract is substantially performed. 2 In sub-paragraph (1)— “ "contract” ” (“ " contract ”") includes any agreement; ““relevant deeming provision””(““ darpariaeth dybio berthnasol ””) means any of— section 10 (contract and transfer), section 11 (contract providing transfer to third party), paragraph 8(1) to (5) of Schedule 2 (assignment of rights: transferor treated as making a separate acquisition), or paragraph 20 of Schedule 6 (agreement for lease); “ "substantially performed” ” (“ " cyflawni'n sylweddol ”") has the meaning given by section 14. 3 Subsections (4) to (7) of section 72 (meaning of residential property) apply for the purposes of this paragraph as they apply for the purposes of subsection (1)(a) of that section. SCHEDULE 14 RELIEF FOR CERTAIN ACQUISITIONS OF DWELLINGS (as introduced by section 30(1)) PART 1 INTRODUCTORY Overview 1 1 This Schedule makes provision about reliefs available for certain acquisitions of dwellings. 2 This Schedule is arranged as follows— a Part 2 provides relief for certain acquisitions by housebuilders, property traders and employers, and is arranged as follows— i paragraph 2 provides for relief in the case of an acquisition of a dwelling by a housebuilder from an individual acquiring a new dwelling, ii paragraph 3 provides for relief in the case of an acquisition of a dwelling by a property trader from an individual acquiring a new dwelling, iii paragraph 4 provides for relief in the case of an acquisition of a dwelling by a property trader from an individual where a chain of transactions breaks down, iv paragraph 5 provides for relief in the case of an acquisition of a dwelling by a property trader from personal representatives, v paragraph 6 provides for relief in the case of an acquisition of a dwelling by a property trader in the case of relocation of employment, vi paragraph 7 provides for relief in the case of an acquisition of a dwelling by an employer in the case of relocation of employment, vii paragraph 8 makes provision about withdrawal of the reliefs available to property traders, and viii paragraph 9 makes provision about the interpretation of words and phrases which apply to Part 2 of this Schedule; b Part 3 provides relief for transactions entered into by a person or persons exercising collective rights. PART 2 RELIEF FOR CERTAIN ACQUISITIONS OF DWELLINGS Acquisition by housebuilder from individual acquiring new dwelling 2 1 Where a housebuilder acquires a dwelling (“ "the old dwelling” ”) from an individual (whether alone or with other individuals), the acquisition is relieved from tax if the following conditions are met (but see sub-paragraph (3) for provision about partial relief). 2 The conditions are— a that the individual (whether alone or with other individuals) acquires a new dwelling from the housebuilder, b that the individual— i occupied the old dwelling as the individual's only or main residence at some time in the period of 2 years ending with the date of its acquisition by the housebuilder, and ii intends to occupy the new dwelling as the individual's only or main residence, c that each acquisition is entered into in consideration of the other, and d that the area of land acquired by the housebuilder does not exceed the permitted area. 3 Where the conditions in sub-paragraph (2)(a) to (c) are met but the area of land acquired by the housebuilder exceeds the permitted area, the chargeable consideration for the acquisition is taken to be the amount calculated by deducting the market value of the permitted area from the market value of the old dwelling. 4 In this paragraph— a references to the acquisition of the new dwelling are to the acquisition, by way of grant or transfer, of a major interest in the dwelling, b references to the acquisition of the old dwelling are to the acquisition, by way of transfer, of a major interest in the dwelling, and c references to the market value of the old dwelling and of the permitted area are to the market value of that major interest in the dwelling and of that interest so far as it relates to that area. Acquisition by property trader from individual acquiring new dwelling 3 1 Where a property trader acquires a dwelling (“ "the old dwelling” ”) from an individual (whether alone or with other individuals), the acquisition is relieved from tax if the following conditions are met (but see sub-paragraph (4) for provision about partial relief). 2 The conditions are— a that the acquisition is made in the course of a business that consists of or includes acquiring dwellings from individuals who acquire new dwellings from housebuilders, b that the individual (whether alone or with other individuals) acquires a new dwelling from a housebuilder, c that the individual— i occupied the old dwelling as the individual's only or main residence at some time in the period of 2 years ending with the date of its acquisition by the property trader, and ii intends to occupy the new dwelling as the individual's only or main residence, d that the property trader does not intend— i to spend more than the permitted amount on refurbishment of the old dwelling, ii to grant a lease or licence of the old dwelling, or iii to permit any of its principals or employees (or any person connected with any of its principals or employees) to occupy the old dwelling, and e that the area of land acquired by the property trader does not exceed the permitted area. 3 Sub-paragraph (2)(d)(ii) does not apply to the grant of lease or licence to the individual for a period of no more than 6 months. 4 Where the conditions in sub-paragraph (2)(a) to (d) are met but the area of land acquired by the property trader exceeds the permitted area, the chargeable consideration for the acquisition is taken to be the amount calculated by deducting the market value of the permitted area from the market value of the old dwelling. 5 In this paragraph— a references to the acquisition of a new dwelling are to the acquisition, by way of grant or transfer, of a major interest in the dwelling, b references to the acquisition of the old dwelling are to the acquisition, by way of transfer, of a major interest in the dwelling, and c references to the market value of the old dwelling and of the permitted area are to the market value of that major interest in the dwelling and of that interest so far as it relates to that area. Acquisition by property trader from individual where chain of transactions breaks down 4 1 Where a property trader acquires a dwelling (“ "the old dwelling” ”) from an individual (whether alone or with other individuals), the acquisition is relieved from tax if the following conditions are met (but see sub-paragraph (4) for provision about partial relief). 2 The conditions are— a that the individual has made arrangements to sell the old dwelling and acquire another dwelling (““the second dwelling””), b that the arrangements to sell the old dwelling fail, c that the acquisition of the old dwelling is made for the purpose of enabling the individual's acquisition of the second dwelling to proceed, d that the acquisition is made in the course of a business that consists of or includes acquiring dwellings from individuals in those circumstances, e that the individual— i occupied the old dwelling as the individual's only or main residence at some time in the period of 2 years ending with the date of its acquisition by the property trader, and ii intends to occupy the second dwelling as the individual's only or main residence, f that the property trader does not intend— i to spend more than the permitted amount on refurbishment of the old dwelling, ii to grant a lease or licence of the old dwelling, or iii to permit any of its principals or employees (or any person connected with any of its principals or employees) to occupy the old dwelling, and g that the area of land acquired by the property trader does not exceed the permitted area. 3 Sub-paragraph (2)(f)(ii) does not apply to the grant of a lease or licence to the individual for a period of no more than 6 months. 4 Where the conditions in sub-paragraph (2)(a) to (f) are met but the area of land acquired exceeds the permitted area, the chargeable consideration for the acquisition is taken to be the amount calculated by deducting the market value of the permitted area from the market value of the old dwelling. 5 In this paragraph— a references to the acquisition of the second dwelling are to the acquisition, by way of grant or transfer, of a major interest in the dwelling, b references to the acquisition of the old dwelling are to the acquisition, by way of transfer, of a major interest in the dwelling, and c references to the market value of the old dwelling and of the permitted area are to the market value of that major interest in the dwelling and of that interest so far as it relates to that area. Relief for acquisition by property trader from personal representatives 5 1 Where a property trader acquires a dwelling from the personal representatives of a deceased individual, the acquisition is relieved from tax if the following conditions are met (but see sub-paragraph (3) for provision about partial relief). 2 The conditions are— a that the acquisition is made in the course of a business that consists of or includes acquiring dwellings from personal representatives of deceased individuals, b that the deceased individual occupied the dwelling as the individual's only or main residence at some time in the period of 2 years ending with the date of the individual's death, c that the property trader does not intend— i to spend more than the permitted amount on refurbishment of the dwelling, ii to grant a lease or licence of the dwelling, or iii to permit any of its principals or employees (or any person connected with any of its principals or employees) to occupy the dwelling, and d that the area of land acquired by the property trader does not exceed the permitted area. 3 Where the conditions in sub-paragraph (2)(a) to (c) are met but the area of land acquired exceeds the permitted area, the chargeable consideration for the acquisition is taken to be the amount calculated by deducting the market value of the permitted area from the market value of the dwelling. 4 In this paragraph— a references to the acquisition of the dwelling are to the acquisition, by way of transfer, of a major interest in the dwelling, and b references to the market value of the dwelling and of the permitted area are to the market value of that major interest in the dwelling and of that interest so far as it relates to that area. Acquisition by property trader in case of relocation of employment 6 1 Where a property trader acquires a dwelling from an individual (whether alone or with other individuals), the acquisition is relieved from tax if the following conditions are met (but see sub-paragraph (4) for provision about partial relief). 2 The conditions are— a that the acquisition is made in the course of a business that consists of or includes acquiring dwellings from individuals in connection with a change of residence resulting from relocation of employment, b that the individual occupied the dwelling as the individual's only or main residence at some time in the period of 2 years ending with the date of the acquisition by the property trader, c that the acquisition is made in connection with a change of residence by the individual resulting from relocation of employment, d that the consideration for the acquisition does not exceed the market value of the dwelling, e that the property trader does not intend— i to spend more than the permitted amount on refurbishment of the dwelling, or ii to grant a lease or licence of the dwelling, or iii to permit any of its principals or employees (or any person connected with any of its principals or employees) to occupy the dwelling, and f that the area of land acquired by the property trader does not exceed the permitted area. 3 Sub-paragraph (2)(e)(ii) does not apply to the grant of a lease or licence to the individual for a period of no more than 6 months. 4 Where the conditions in sub-paragraph (2)(a) to (e) are met but the area of land acquired exceeds the permitted area, the chargeable consideration for the acquisition is taken to be the amount calculated by deducting the market value of the permitted area from the market value of the dwelling. 5 In this paragraph— a references to the acquisition of the dwelling are to the acquisition, by way of transfer, of a major interest in the dwelling, and b references to the market value of the dwelling and of the permitted area are to the market value of that major interest in the dwelling and of that interest so far as it relates to that area. Acquisition by employer in case of relocation of employment 7 1 Where an individual's employer acquires a dwelling from the individual (whether alone or with other individuals), the acquisition is relieved from tax if the following conditions are met (but see sub-paragraph (3) for provision about partial relief). 2 The conditions are— a that the individual occupied the dwelling as the individual's only or main residence at some time in the period of 2 years ending with the date of the acquisition by the employer, b that the acquisition is made in connection with a change of residence by the individual resulting from relocation of employment, c that the consideration for the acquisition does not exceed the market value of the dwelling, and d that the area of land acquired by the employer does not exceed the permitted area. 3 Where the conditions in sub-paragraph (2)(a) to (c) are met but the area of land acquired exceeds the permitted area, the chargeable consideration for the acquisition is taken to be the amount calculated by deducting the market value of the permitted area from the market value of the dwelling. 4 In this paragraph— a references to the acquisition of the dwelling are to the acquisition, by way of transfer, of a major interest in the dwelling, b references to the market value of the dwelling and of the permitted area are, to the market value of that major interest in the dwelling and of that interest so far as it relates to that area, and c references to an individual's employer include a prospective employer. Withdrawal of reliefs available to property traders 8 1 Relief under paragraphs 3 (acquisition by property trader from individual acquiring new dwelling) and 4 (acquisition by property trader from individual where chain of transactions breaks down) is withdrawn if the property trader— a spends more than the permitted amount on refurbishment of the old dwelling, b grants a lease or licence of the old dwelling, or c permits any of its principals or employees (or any person connected with any of its principals or employees) to occupy the old dwelling. 2 Sub-paragraph (1)(b) does not apply to the grant of lease or licence to the individual acquiring the new dwelling or the second dwelling for a period of no more than 6 months. 3 Relief under paragraph 5 (relief for acquisition by property trader from personal representatives) is withdrawn if the property trader— a spends more than the permitted amount on refurbishment of the dwelling, b grants a lease or licence of the dwelling, or c permits any of its principals or employees (or any person connected with any of its principals or employees) to occupy the dwelling. 4 Relief under paragraph 6 (acquisition by property trader in case of relocation of employment) is withdrawn if the property trader— a spends more than the permitted amount on refurbishment of the dwelling, b grants a lease or licence of the dwelling, or c permits any of its principals or employees (or any person connected with any of its principals or employees) to occupy the dwelling. 5 Sub-paragraph (4)(b) does not apply to the grant of lease or licence to the individual relocating for a period of no more than 6 months. 6 Where relief is withdrawn, the amount of tax chargeable is the amount that would have been chargeable in respect of the acquisition but for the relief. Interpretation 9 1 For the purposes of this Part of this Schedule— a “ "housebuilder” ” means— i a company, ii a limited liability partnership, or iii a partnership whose members are all either companies or limited liability partnerships, that carries on the business of constructing or adapting buildings or parts of buildings for use as dwellings and references in this Schedule to a housebuilder includes any company or limited liability partnership connected with it; b “ "new dwelling” ” means a building or part of a building that— i has been constructed for use as a single dwelling and has not previously been occupied, or ii has been adapted for use as a single dwelling and has not been occupied since its adaptation; c “ "new place of employment” ” means the place where an individual normally performs, or is normally to perform, duties of employment after a relocation of employment; d “ "permitted amount” ”, in relation to the refurbishment of a dwelling, means— i £10,000, or ii 5% of the consideration for the acquisition of the dwelling, whichever is the greater, but subject to a maximum of £20,000; e “ "permitted area” ”, in relation to a dwelling, means that part of the dwelling which is land occupied and enjoyed with the building or part of the building occupied as a dwelling as its garden or grounds that does not exceed— i an area (inclusive of the site of the building or part of the building) of 0.5 of a hectare, or ii such larger area as is required for the reasonable enjoyment of the building or part of the building as a dwelling having regard to its size and character, but where paragraph (ii) applies, the permitted area is taken to consist of that part of the land that would be the most suitable for occupation and enjoyment with the building or part of the building as its garden or grounds if the rest of the land were separately occupied; f “ "principal” ”, in relation to a property trader, means— i in the case of a company, a director; ii in the case of a limited liability partnership, a member; iii in the case of a partnership whose members are all either companies or limited liability partnerships, a member or a person who is a principal of a member; g “ "property trader” ” means— i a company, ii a limited liability partnership, or iii a partnership whose members are all either companies or limited liability partnerships, that carries on the business of buying and selling dwellings; h ““refurbishment”” of a dwelling means the carrying out of works that enhance or are intended to enhance the value of the dwelling, but does not include— i cleaning the dwelling, or ii works required solely for the purpose of ensuring that the dwelling meets minimum safety standards; i “ "relocation of employment” ” means a change of an individual's place of employment due to— i the individual becoming employed by a new employer, ii an alteration of the duties of the individual's employment, or iii an alteration of the place where the individual normally performs those duties. 2 For the purposes of paragraphs 6 and 7, a change of residence is one ““resulting from”” relocation of employment if— a the change is made wholly or mainly to allow the individual to live within a reasonable daily travelling distance of the individual's new place of employment, and b the individual's former residence is not within a reasonable daily travelling distance of that place. 3 For the purposes of Part 2— a anything done by or in relation to a company connected with a property trader is treated as done by or in relation to that property trader, and b references to the principals or employees of a property trader include the principals or employees of any such company. PART 3 RELIEF FOR PERSONS EXERCISING COLLECTIVE RIGHTS Relief for transactions entered into by persons exercising collective rights 10 1 This paragraph applies where a chargeable transaction is entered into by a person or persons nominated or appointed by qualifying tenants of flats contained in premises in exercise of— a a right under Part 1 of the Landlord and Tenant Act 1987 (c. 31) (right of first refusal), or b a right under Chapter 1 of Part 1 of the Leasehold Reform, Housing and Urban Development Act 1993 (c. 28) (right to collective enfranchisement). 2 The amount of tax chargeable is determined as follows. Step 1 Determine the fraction of the chargeable consideration produced by dividing the total amount of that consideration by the number of qualifying flats contained in the premises. Step 2 Determine the amount of tax chargeable under section 27 as if the chargeable consideration for the chargeable transaction were the fraction of the chargeable consideration calculated under Step 1. Step 3 Multiply the amount determined at Step 2 by the number of qualifying flats contained in the premises. 3 In this paragraph— a “ "flat” ” and “ "qualifying tenant” ” have the same meaning as in the Chapter or the Part of the Act conferring the right being exercised; b “ "qualifying flat” ” means a flat that is held by a qualifying tenant who is participating in the exercise of the right. SCHEDULE 15 RELIEF FOR CERTAIN TRANSACTIONS RELATING TO SOCIAL HOUSING (as introduced by section 30(1)) PART 1 INTRODUCTORY Overview 1 1 This Schedule makes provision about reliefs available for certain transactions relating to social housing. 2 This Schedule is arranged as follows— a Part 2 makes provision about relief available for transactions subject to a public sector discount , b Part 3 makes provision about the tax chargeable and relief available where a shared ownership lease or a rent to shared ownership lease transaction is entered into, c Part 4 makes provision about the tax chargeable and relief available where a shared ownership trust is declared and where a rent to shared ownership trust scheme is entered into, d . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . e Part 6 provides relief for certain acquisitions by registered social landlords. PART 2 Public Sector Discount Relief Relief for public sector discount transactions 2 1 In the case of a transaction subject to a public sector discount — a section 19(1) (contingent consideration to be included in chargeable consideration on assumption that contingency will occur) does not apply, and b any consideration that would be payable only if a contingency were to occur, or that is payable only because a contingency has occurred, does not count as chargeable consideration. 2 A “ “ transaction subject to a public sector discount ” ” means— a the sale of a dwelling at a discount, or the grant of a lease of a dwelling at a discount, by a relevant public sector body ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 The following are relevant public sector bodies for the purposes of this paragraph— a a Minister of the Crown; b the Welsh Ministers; c a local housing authority within the meaning given by section 1 of the Housing Act 1985 (c. 68); d a registered social landlord; e . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . f a local policing body within the meaning of section 101(1) of the Police Act 1996 (c. 16); g a person specified for the purposes of this paragraph by the Welsh Ministers by regulations. 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 In this paragraph— ... “ "registered social landlord” ” (“ " landlord cymdeithasol cofrestredig ”") means a body registered as a social landlord in a register maintained under section 1(1) of the Housing Act 1996 (c. 52). PART 3 SHARED OWNERSHIP LEASES Shared ownership lease: election for market value treatment 3 1 This paragraph applies where— a a lease is granted— i by a qualifying body ... ii . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . b the conditions in sub-paragraph (2) are met, and c the buyer elects for tax to be charged in accordance with this paragraph. 2 The conditions are— a that the lease must be of a dwelling; b that the lease must give the tenant exclusive use of the dwelling; c that the lease must provide for the tenant to acquire the reversion; d that the lease must be granted partly in consideration of rent and partly in consideration of a premium calculated by reference to— i the market value of the dwelling, or ii a sum calculated by reference to that value; e that the lease must contain a statement of— i the market value of the dwelling, or ii the sum calculated by reference to that value, by reference to which the premium is calculated. 3 An election for tax to be charged under this paragraph— a must be included in the return made in respect of the grant of the lease (or in an amendment to that return), and b is irrevocable, so that the return may not be amended so as to withdraw the election. 4 Where this paragraph applies the chargeable consideration for the grant of the lease is taken to be the amount stated in the lease in accordance with sub-paragraph (2)(e)(i) or (ii). 5 Where this paragraph applies no account is taken for the purposes of land transaction tax of the rent mentioned in sub-paragraph (2)(d). 6 Section 70 (meaning of market value) does not apply to this paragraph. Shared ownership lease: transfer of reversion where election made for market value treatment 4 The transfer of the reversion to the tenant under the terms of a lease to which paragraph 3 applies (shared ownership lease: election for market value treatment) is relieved from tax if— a an election was made under paragraph 3, and b any tax chargeable in respect of the grant of the lease has been paid. Shared ownership lease: election for market value treatment of premium where staircasing allowed 5 1 This paragraph applies where— a a lease is granted— i by a qualifying body ... ii . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . b the conditions in sub-paragraph (2) are met, and c the buyer elects for tax to be charged in accordance with this paragraph. 2 The conditions are— a that the lease must be of a dwelling; b that the lease must give the tenant exclusive use of the dwelling; c that the lease must provide that the tenant may, on the payment of a sum, require the terms of the lease to be varied so that the rent payable under it is reduced; d that the lease must be granted partly in consideration of rent and partly in consideration of a premium calculated by reference to— i the premium obtainable on the open market for the grant of a lease containing the same terms as the lease but with the substitution of the minimum rent for the rent payable under the lease, or ii a sum calculated by reference to that premium; e that the lease must contain a statement of the minimum rent and of— i the premium obtainable on the open market, or ii the sum calculated by reference to that premium, by reference to which the premium is calculated. 3 An election for tax to be charged in accordance with this paragraph— a must be included in the return made in respect of the grant of the lease (or in an amendment to that return), and b is irrevocable, so that the return may not be amended so as to withdraw the election. 4 Where an election is made under this paragraph the chargeable consideration for the grant other than rent is taken to be the amount stated in the lease in accordance with sub-paragraph (2)(e)(i) or (ii). 5 In this paragraph, the “ "minimum rent” ” means the lowest rent which could become payable under the lease if it were varied as mentioned in sub-paragraph (2)(c) at the date when the lease is granted. Shared ownership lease: staircasing transactions 6 1 This paragraph applies where under a shared ownership lease— a the tenant has the right, on the payment of a sum, to require the terms of the lease to be varied so that the rent payable under it is reduced, and b by exercising that right the tenant acquires an interest, additional to one already held, calculated by reference to the market value of the dwelling and expressed as a percentage of that dwelling or its value (a ““share of the dwelling””). 2 Where this paragraph applies, the acquisition is relieved from tax if— a an election was made under paragraph 3 (shared ownership lease: election for market value treatment) or paragraph 5 (shared ownership lease: election where staircasing allowed) and any tax chargeable in respect of the grant of the lease has been paid, or b immediately after the acquisition the total share of the dwelling held by the tenant does not exceed 80%. 3 Section 70 (meaning of market value) does not apply in relation to the references in this paragraph to the market value of the dwelling. Shared ownership lease: grant not linked with staircasing transactions etc. 7 For the purpose of determining the amount of tax chargeable on the grant of a shared ownership lease of a dwelling, the grant is to be treated as if it is not linked to— a any acquisition of an interest in the dwelling to which paragraph 6 applies, or b a transfer of the reversion to the tenant under the terms of the lease. Rent to shared ownership lease: charge to tax 8 1 The chargeable consideration for transactions forming part of a rent to shared ownership lease scheme is determined in accordance with this paragraph. 2 A “ "rent to shared ownership lease scheme” ” means a scheme or arrangement under which a qualifying body— a grants an occupation contract of a dwelling to a person (““the tenant””) or persons (““the tenants””), and b subsequently grants a shared ownership lease of the dwelling or another dwelling to the tenant or one or more of the tenants. 3 The following transactions are to be treated as if they were not linked to each other— a the grant of the occupation contract; b the grant of the shared ownership lease; c any other land transaction between the qualifying body and the tenant, or any of the tenants, entered into as part of the scheme. 4 For the purposes of determining the effective date of the grant of the shared ownership lease, the possession of the dwelling by the tenant or tenants under the occupation contract is to be disregarded. 5 In this paragraph, “ "occupation contract” ” has the meaning given by Part 2 of the Renting Homes (Wales) Act 2016 (anaw 1). Shared ownership leases: interpretation 9 1 For the purposes of paragraphs 6, 7 and 8, a “ "shared ownership lease” ” means a lease granted— a by a qualifying body ... b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . in relation to which the conditions in paragraph 3(2) or 5(2) are met. 2 Sub-paragraphs (3) and (4) apply to paragraphs 3 to 8. 3 A “ "qualifying body” ” means— a a local housing authority within the meaning given by section 1 of the Housing Act 1985 (c. 68); b a housing association within the meaning given by the Housing Associations Act 1985 (c. 69); c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 4 SHARED OWNERSHIP TRUSTS Shared ownership trusts: meaning of shared ownership trust and other key terms 10 1 This paragraph applies to paragraphs 11 to 17. 2 A “ "shared ownership trust” ” means a trust of land within the meaning of section 1 of the Trusts of Land and Appointment of Trustees Act 1996 (c. 47) which satisfies the following conditions. 3 Condition 1 is that the trust property is— a a dwelling, and b in Wales. 4 Condition 2 is that one of the beneficiaries (““the social landlord””) is a qualifying body. 5 Condition 3 is that the terms of the trust— a provide for one or more of the individual beneficiaries (““the buyer””) to have exclusive use of the trust property as the only or main residence of the buyer, b require the buyer to make an initial payment to the social landlord (““the initial capital””), c require the buyer to make additional payments to the social landlord by way of compensation under section 13(6)(a) of the Trusts of Land and Appointment of Trustees Act 1996 (““the rent-equivalent payments””), d enable the buyer to make other additional payments to the social landlord (““equity-acquisition payments””), e determine the initial beneficial interests of the social landlord and of the buyer by reference to which the initial capital was calculated, f specify a sum, equating or relating to the market value of the dwelling, by reference to which the initial capital was calculated, and g provide for the buyer's beneficial interest in the trust property to increase, and the social landlord's to diminish or to be extinguished as equity-acquisition payments are made. 6 Section 70 (meaning of market value) does not apply to this paragraph. 7 In Condition 1, “ "dwelling” ” includes land which is to be used for the construction of a dwelling. 8 In Condition 2, “ "qualifying body” ” means— a a local housing authority within the meaning given by section 1 of the Housing Act 1985 (c. 68); b a housing association within the meaning given by the Housing Associations Act 1985 (c. 69); c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Shared ownership trust: the buyer 11 For the purposes of this Act, the person or persons identified as the buyer in accordance with paragraph 10, and not the social landlord or any other beneficiary is (or are) to be treated as the buyers of the trust property. Shared ownership trust: election for market value treatment 12 1 This paragraph applies where— a a shared ownership trust is declared, and b the buyer makes an election under this paragraph. 2 An election for tax to be charged in accordance with this paragraph— a must be included in the return made in respect of the grant of the lease (or in an amendment to that return), and b is irrevocable so that the return may not be amended so as to withdraw the election. 3 Where this paragraph applies— a the chargeable consideration for the declaration of the shared ownership trust is taken to be the amount stated in accordance with paragraph 10(5)(f), and b no account is to be taken of the rent-equivalent payments. Shared ownership trust transfer upon termination 13 The transfer to the buyer of an interest in the trust property upon the termination of the trust is relieved from tax if— a an election has been made under paragraph 12, and b any tax chargeable in respect of the declaration of the shared ownership trust has been paid. Shared ownership trust: staircasing transactions 14 1 An equity-acquisition payment under a shared ownership trust, and the consequent increase in the buyer's beneficial interest is to be relieved from tax if— a an election has been made for relief under paragraph 12, and b any tax chargeable in respect of the declaration of the trust has been paid. 2 An equity-acquisition payment under a shared ownership trust, and the consequent increase in the buyer's beneficial interest is also to be relieved from tax if following the increase the buyer's beneficial interest does not exceed 80% of the the total beneficial interest in the trust property. Shared ownership trust: treatment of additional payments where no election made 15 Where no election has been made under paragraph 12 in respect of a shared ownership trust— a the initial capital is to be treated as chargeable consideration other than rent, and b any rent-equivalent payment by the buyer is to be treated as a payment of rent. Shared ownership trust: declaration not linked with staircasing etc. 16 For the purposes of determining the amount of tax chargeable on the declaration of a shared ownership trust, the declaration is to be treated as if it were not linked to— a any equity-acquisition payment under the trust or any consequent increase in the buyer's beneficial interest in the trust property, or b a transfer to the buyer of an interest in the trust property on the termination of the trust. Rent to shared ownership trust: charge to tax 17 1 The chargeable consideration for transactions forming part of a rent to shared ownership trust scheme is determined in accordance with this paragraph. 2 A “ "rent to shared ownership trust scheme” ” means a scheme or arrangement under which — a a qualifying body grants an occupation contract of a dwelling to a person (““the tenant””) or persons (““the tenants””), and b the tenant, or one or more of the tenants, subsequently becomes the buyer under a shared ownership trust of the dwelling, or another dwelling, under which the qualifying body is the social landlord. 3 The following transactions are to be treated as if they were not linked to each other— a the grant of the occupation contract, b the declaration of the shared ownership trust, and c any other land transaction between the qualifying body and the tenant, or any of the tenants, entered into as part of the scheme. 4 In this paragraph “ "occupation contract” ” has the meaning given by Part 2 of the Renting Homes (Wales) Act 2016 (anaw 1). PART 5 RENT TO MORTGAGE Rent to mortgage: chargeable consideration 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 6 RELIEF FOR CERTAIN ACQUISITIONS BY REGISTERED SOCIAL LANDLORDS Relief for certain acquisitions by registered social landlords 19 1 A land transaction under which the buyer is a registered social landlord is relieved from tax if— a the registered social landlord is controlled by its tenants, b the seller is a qualifying body, or c the transaction is funded with the assistance of a public subsidy. 2 The reference in sub-paragraph (1)(a) to a registered social landlord ““controlled by its tenants”” is to a registered social landlord the majority of whose board members are tenants occupying properties owned or managed by it. 3 In this paragraph— “ "board member” ” (“ " aelod o'r bwrdd ”"), in relation to a registered social landlord, means— if it is a company, a director of the company, if it is a body corporate whose affairs are managed by its members, a member, if it is body of trustees, a trustee, or if it is not within paragraphs (a) to (c), a member of the committee of management or other body to which is entrusted the direction of the affairs of the registered social landlord; “ "public subsidy” ” (“ " cymhorthdal cyhoeddus ”") means any grant or other financial assistance— made or given by way of a distribution pursuant to section 25 of the National Lottery etc. Act 1993 (c. 39) (application of money by distributing bodies), made by the Welsh Ministers under section 18 of the Housing Act 1996 (c. 52) (social housing grants), or under section 126 of the Housing Grants, Construction and Regeneration Act 1996 (c. 53) (financial assistance for regeneration and development); “ "qualifying body” ” (“ " corff cymwys ”") means any of the following— a registered social landlord; ... a county or county borough council constituted under section 21 of the Local Government Act 1972 (c. 70); a county or district council constituted under section 2 of that Act; the Welsh Ministers. SCHEDULE 16 GROUP RELIEF (as introduced by section 30(1)) PART 1 INTRODUCTORY Overview 1 1 This Schedule makes provision about the relief available for certain transactions where the seller and the buyer are companies that are members of the same group. 2 This Schedule is arranged as follows— a Part 2 describes the relief available and makes provision about the interpretation of this Schedule, b Part 3 restricts the availability of the relief, c Part 4 makes provision about the withdrawal of the relief, and d Part 5 makes provision about recovery of unpaid tax from certain persons. PART 2 THE RELIEF Group relief 2 1 A land transaction is relieved from tax if the seller and the buyer are companies that are members of the same group at the effective date of the transaction. 2 Relief under this paragraph is referred to in this Schedule as “ "group relief” ”. 3 This paragraph is subject to paragraph 4 (restrictions on availability of group relief) and paragraphs 8 and 12 (withdrawal of group relief). Group relief: interpretation 3 1 The following provisions apply for the purposes of group relief. 2 “ "Company” ” means a body corporate. 3 Companies are members of the same group if one is the 75% subsidiary of the other or both are 75% subsidiaries of a third company. 4 A company (““company A””) is the 75% subsidiary of another company (““company B””) if company B— a is beneficial owner of not less than 75% of the ordinary share capital of company A, b is beneficially entitled to not less than 75% of any profits available for distribution to equity holders of company A, and c would be beneficially entitled to not less than 75% of any assets of company A available for distribution to its equity holders on a winding-up. 5 For the purposes of sub-paragraph (4)(a)— a the ownership referred to is ownership either directly or through another company or companies, and b the amount of ordinary share capital of company A owned by company B through another company or companies is to be determined in accordance with sections 1155 to 1157 of the Corporation Tax Act 2010 (c. 4). 6 In sub-paragraphs (4)(a) and (5)(b), “ "ordinary share capital” ”, in relation to a company, means all the issued share capital (by whatever name called) of the company, other than capital the holders of which have a right to a dividend at a fixed rate but have no other right to share in the profits of the company. 7 Chapter 6 of Part 5 of the Corporation Tax Act 2010 (c. 4) (group relief: equity holders and profits or assets available for distribution) applies for the purposes of sub-paragraph (4)(b) and (c) as it applies for the purposes of section 151(4)(a) and (b) of that Act. 8 But sections 171(1)(b) and (3), 173, 174 and 176 to 178 of that Act are to be treated as omitted for the purposes of sub-paragraph (4)(b) and (c). PART 3 RESTRICTIONS ON AVAILABILITY OF RELIEF Restrictions on availability of group relief 4 1 Group relief is not available if, at the effective date of the transaction, there are arrangements in existence by virtue of which— a a person has or could obtain, at that or some later time, control of the buyer but not of the seller, or b any persons together have or could obtain, at that time or some time later, control of the buyer but not of the seller. 2 Sub-paragraph (1) does not apply to arrangements entered into with a view to an acquisition of shares by a company (“ "the acquiring company” ”)— a in relation to which section 75 of the Finance Act 1986 (c. 41) (stamp duty: acquisition relief) will apply, b in relation to which the conditions for relief under that section will be met, and c as a result of which the buyer will be a member of the same group as the acquiring company. 3 Group relief is not available if the transaction is effected in pursuance of, or in connection with, arrangements under which— a the consideration, or any part of the consideration, for the transaction is to be provided or received (directly or indirectly) by a person other than a group company, or b the seller and the buyer are to cease to be members of the same group by reason of the buyer ceasing to be a 75% subsidiary of the seller or a third company. 4 Arrangements are within sub-paragraph (3)(a) if under them— a the seller or the buyer, or another group company, is to be enabled to provide any of the consideration, or is to part with any of it, by or in consequence of the carrying out of a transaction or transactions, and b the transaction or transactions, or any of them, involve a payment or other disposition by a person other than a group company. 5 In sub-paragraphs (3)(a) and (b), a “ "group company” ” means a company that at the effective date of the transaction is a member of the same group as the seller or the buyer. 6 In this paragraph— “ "arrangements” ” (“ " trefniadau ”") includes any scheme, agreement or understanding, whether or not legally enforceable; “ "control” ” (“ " rheolaeth ”") has the meaning given by section 1124 of the Corporation Tax Act 2010 (c. 4). 7 This paragraph has effect subject to paragraphs 5 and 6 (certain arrangements not within paragraph 4). Certain arrangements not within paragraph 4: joint venture companies 5 1 Arrangements entered into by a joint venture company which, apart from this paragraph, would be arrangements to which paragraph 4 applies are not to be treated as such arrangements if and so long as— a the arrangements fall within sub-paragraph (2), and b none of the contingencies mentioned in sub-paragraph (3) to which the arrangements relate has occurred. 2 Arrangements fall within this sub-paragraph if they are— a an agreement which provides for the transfer of shares or securities in the joint venture company to one or more members of that company on, or as a result of, one or more contingencies mentioned in sub-paragraph (3) occurring, or b a provision in a constitutional document of the joint venture company which provides for the suspension of a member's voting rights on, or as a result of, one or more of those contingencies occurring. 3 The contingencies referred to in sub-paragraphs (1)(b) and (2) are— a the voluntary departure of a member, b the commencement of the liquidation, administration, administrative receivership or receivership of, or the entering into of a voluntary arrangement by, a member under the Insolvency Act 1986 (c. 45) or the Insolvency (Northern Ireland) Order 1989 (S.I.1989/2405 (N.I.19)) or the commencement, or entering into, of equivalent proceedings or arrangements under the law of any country or territory outside the United Kingdom, c a serious deterioration in the financial condition of a member, d a change of control of a member, e a default by a member in performing its obligations under any agreement between the members or with the joint venture company (which, for this purpose, includes any constitutional document of the joint venture company), f an external change in the commercial circumstances in which the joint venture company operates such that its viability is threatened, g an unresolved disagreement between the members, and h any contingency of a similar kind to that mentioned in any of paragraphs (a) to (g) which is provided for, but not intended to happen, when the arrangements in question were entered into. 4 This paragraph does not apply if a member could, alone or together with connected persons, dictate the terms or timing of— a the transfer of shares or securities, or b the suspension of a member's voting rights, in advance of one or more of the contingencies occurring. 5 For the purposes of sub-paragraph (4), members are not connected with each other by reason only of their membership of the joint venture company. 6 In this paragraph— “ "constitutional document” ” (“ " dogfen gyfansoddiadol ”") means a memorandum of association, articles of association or any other similar document regulating the affairs of the joint venture company; “ "joint venture company” ” (“ " cwmni cyd-fenter ”") means a company which— has two or more member companies, and carries on a commercial activity governed by an agreement regulating the affairs of its members; “ "member” ” (“ " aelod ”") means a holder of shares or securities in the joint venture company. Certain mortgage arrangements not within paragraph 4 6 1 Arrangements entered into by a company which, apart from this paragraph, would be arrangements to which paragraph 4 applies are not to be treated as such arrangements if and so long as— a the arrangements are a mortgage, secured by way of shares or securities in the company, which on default or the happening of any other event allows the mortgagee to exercise its rights against the mortgagor, and b the mortgagee has not exercised its rights against the mortgagor. 2 This paragraph does not apply if the mortgagee— a possesses greater rights in respect of the shares or securities which are the subject of the mortgage than it requires to protect its interest as mortgagee, or b could alone or together with connected persons dictate the terms or timing of the default or the happening of any event which allows it to exercise its rights against the mortgagor. 3 For the purposes of sub-paragraph (2)(b), a mortgagee is not, by reason only of the mortgage, connected with a company whose shares or securities are the subject of the mortgage. 4 In this paragraph, “ "mortgage” ” means— a in England and Wales, and Northern Ireland, any legal or equitable charge, and b in Scotland, any right in security. PART 4 WITHDRAWAL OF RELIEF Interpretation: relieved transaction 7 In this Part of this Schedule, a transaction that is relieved from tax by virtue of paragraph 2 (group relief) is referred to as a “ "relieved transaction” ”. Withdrawal of group relief 8 1 Where sub-paragraph (2) applies, group relief in relation to a relieved transaction, or an appropriate proportion of it, is withdrawn and tax is chargeable in accordance with this paragraph. 2 This sub-paragraph applies where, in the case of a relieved transaction— a the buyer ceases to be a member of the same group as the seller— i before the end of the period of 3 years beginning with the effective date of the transaction, or ii in pursuance of, or in connection with, arrangements made before the end of that period, and b at the time the buyer ceases to be a member of the same group as the seller (“ "the relevant time” ”), it or a relevant associated company holds a chargeable interest— i that was acquired by the buyer in the relieved transaction, or ii that is derived from an interest so acquired, and that has not subsequently been acquired at market value under a chargeable transaction for which group relief was available but was not claimed. 3 The amount chargeable is the tax that would have been chargeable in respect of the relieved transaction but for group relief if the chargeable consideration for that transaction had been an amount equal to— a the market value of the subject-matter of the transaction, and b if the acquisition was the grant of a lease at a rent, that rent, or, as the case may be, an appropriate proportion of the tax that would have been so chargeable. 4 In sub-paragraphs (1) and (3), “ "an appropriate proportion” ” means an appropriate proportion having regard to the subject-matter of the relieved transaction and what is held at the relevant time by the transferee company or, as the case may be, by that company and its relevant associated companies. 5 In this paragraph— “ "arrangements” ” (“ " trefniadau ”") includes any scheme, agreement or understanding, whether or not legally enforceable; “ "relevant associated company” ” (“ " cwmni cyswllt perthnasol ”"), in relation to the buyer, means a company that— is a member of the same group as the buyer immediately before the buyer ceases to be a member of the same group as the seller, and ceases to be a member of the same group as the seller in consequence of the buyer so ceasing. 6 This paragraph has effect subject to paragraphs 9 and 10 (cases in which group relief not withdrawn) and paragraph 12 (withdrawal of group relief in certain cases involving successive transactions). Cases in which group relief not withdrawn 9 1 Group relief is not withdrawn under paragraph 8 in the following cases. 2 The first case is where the buyer ceases to be a member of the same group as the seller by reason of— a anything done for the purposes of, or in the course of, winding up the seller or another company that is above the seller in the group structure, or b the seller or another company that is above the seller in the group structure otherwise ceasing to exist. 3 For the purposes of sub-paragraph (2), a company is ““above”” the seller in the group structure if the seller, or another company that is above the seller in the group structure, is a 75% subsidiary of the company. 4 The second case is where— a the buyer ceases to be a member of the same group as the seller as a result of an acquisition of shares by another company (“ "the acquiring company” ”) in relation to which— i section 75 of the Finance Act 1986 (c. 41) applies (stamp duty: acquisition relief), and ii the conditions for relief under that section are met, and b the buyer is immediately after that acquisition a member of the same group as the acquiring company. 5 But in a case within sub-paragraph (4), sub-paragraph (6) applies if— a the buyer ceases to be a member of the same group as the acquiring company— i before the end of the period of 3 years beginning with the effective date of the relieved transaction, or ii in pursuance of, or in connection with, arrangements made before the end of that period, and b at the time the buyer ceases to be a member of the same group as the acquiring company, it or a relevant associated company holds a chargeable interest— i that was acquired by the buyer in the relieved transaction, or ii that is derived from an interest so acquired, and that has not subsequently been acquired at market value under a chargeable transaction for which group relief was available but was not claimed. 6 The provisions of this Schedule apply as if the buyer had then ceased to be a member of the same group as the seller. 7 In sub-paragraph (5)— “ "arrangements” ” (“ " trefniadau ”") includes any scheme, agreement or understanding, whether or not legally enforceable; “ "relevant associated company” ” (“ " cwmni cyswllt perthnasol ”"), in relation to the buyer, means a company that is a member of the same group as the buyer that ceases to be a member of the same group as the acquiring company in consequence of the buyer so ceasing. Group relief not withdrawn where seller leaves group 10 1 Group relief is not withdrawn under paragraph 8 where the buyer ceases to be a member of the same group as the seller because the seller leaves the group. 2 The seller is regarded as leaving the group if the companies cease to be members of the same group by reason of a transaction relating to shares in— a the seller, or b another company that— i is above the seller in the group structure, and ii as a result of the transaction ceases to be a member of the same group as the buyer. 3 For the purpose of sub-paragraph (2), a company is ““above”” the seller in the group structure if the seller, or another company that is above the seller in the group structure, is a 75% subsidiary of the company. 4 But if there is a change in the control of the buyer after the seller leaves the group, paragraphs 8, 9(4) and (6), 13 and 14 have effect as if the buyer had then ceased to be a member of the same group as the seller (but see sub-paragraph (7)). 5 For the purposes of this paragraph, there is a change in the control of the buyer if— a a person who controls the buyer (alone or with others) ceases to do so, b a person obtains control of the buyer (alone or with others), or c the buyer is wound up. 6 For the purposes of sub-paragraph (5), a person (““P””) does not control, or obtain control of, the buyer if P is under the control of another person or other persons. 7 Sub-paragraph (4) does not apply where— a there is a change in the control of the buyer because a loan creditor (within the meaning given by section 453 of the Corporation Tax Act 2010 (c. 4)) obtains control of, or ceases to control, the buyer, and b the other persons who controlled the buyer before that change continue to do so. 8 In this paragraph, references to ““control”” are to be interpreted in accordance with sections 450 and 451 of the Corporation Tax Act 2010 (c. 4) (subject to sub-paragraph (6)). Group relief not withdrawn as a result of certain transfers of business etc. by mutual societies 11 1 Group relief is not withdrawn under paragraph 8 where— a there is a relevant transfer of business or engagement, b before the date of the relevant transfer there had been a relieved transaction, and c as a result of that transfer, the buyer in the relieved transaction ceases to be a member of the same group as the seller— i before the end of the period of 3 years beginning with the effective date of the relieved transaction, or ii in pursuance of, or in connection with, arrangements made before the end of that period. 2 In this paragraph, a “ "relevant transfer of business or engagement” ” means— a a transfer of business described in paragraph 10(1)(a) and (b) of Schedule 22 (transactions entered into by building societies); b a transfer of business described in paragraph 11(1) of that Schedule (transactions entered into by friendly societies); c a transfer of business described in paragraph 12(1) of that Schedule (transactions entered into by co-operative and community benefit societies or credit unions). Withdrawal of group relief in certain cases involving successive transactions 12 1 Where in the case of a relieved transaction— a there is a change in the control of the buyer, b that change occurs— i before the end of the period of 3 years beginning with the effective date of the relieved transaction, or ii in pursuance of, or in connection with, arrangements made before the end of that period, c apart from this paragraph, group relief in relation to the relieved transaction would not be withdrawn under paragraph 8, and d any previous transaction falls within sub-paragraph (3), paragraphs 8, 9 and 10 have effect in relation to the relieved transaction as if the seller in the earliest previous transaction falling within sub-paragraph (3) were the seller in the relieved transaction. 2 Sub-paragraph (1) has effect subject to sub-paragraph (6). 3 A previous transaction falls within this sub-paragraph if— a the previous transaction is a relieved transaction or is relieved from tax by virtue of Schedule 17 (reconstruction and acquisition reliefs), b the effective date of the previous transaction is less than 3 years before the date of the event falling within sub-paragraph (1)(a), c the chargeable interest acquired under the relieved transaction by the buyer in that transaction is the same as, comprises, forms part of, or is derived from, the chargeable interest acquired under the previous transaction by the buyer in the previous transaction, and d since the previous transaction, the chargeable interest acquired under that transaction has not been acquired by any person in a transaction that is not a relieved transaction nor is relieved from tax by virtue of Schedule 17 (reconstruction and acquisition reliefs). 4 For the purposes of this paragraph, there is a change in the control of a company if— a any person who controls the company (alone or with others) ceases to do so, b a person obtains control of the company (alone or with others), or c the company is wound up. 5 References to ““control”” in this paragraph are to be construed in accordance with sections 450 and 451 of the Corporation Tax Act 2010 (c. 4). 6 Sub-paragraph (1) does not apply where— a there is a change in the control of the buyer because a loan creditor (within the meaning given by section 453 of the Corporation Tax Act 2010 (c. 4)) obtains control of, or ceases to control, the buyer, and b the other persons who controlled the buyer before that change continue to do so. 7 If two or more transactions effected at the same time are the earliest previous transactions falling within sub-paragraph (3), the reference in sub-paragraph (1) to the seller in the earliest previous transaction is a reference to the persons who are the sellers in the earliest previous transactions. 8 In this paragraph, “ "arrangements” ” includes any scheme, agreement or understanding, whether or not legally enforceable. PART 5 RECOVERY OF RELIEF FROM CERTAIN PERSONS Recovery of group relief from another group company or controlling director 13 1 This paragraph applies where— a tax is chargeable under paragraph 8 (withdrawal of group relief), b the amount so chargeable has been finally determined, and c the whole or part of the amount so chargeable is unpaid 6 months after the date on which it became payable. 2 The following persons may, by notice under paragraph 14, be required to pay the unpaid tax (together with any interest payable)— a the seller; b any company that at any relevant time was a member of the same group as the buyer and was above it in the group structure; c any person who at any relevant time was a controlling director of the buyer or a company having control of the buyer. 3 For the purposes of sub-paragraph (2)(b)— a a “ "relevant time” ” means any time between the effective date of the relieved transaction and the buyer ceasing to be a member of the same group as the seller; b a company (““company A””) is ““above”” another company (““company B””) in a group structure if company B, or another company that is above company B in the group structure, is a 75% subsidiary of company A. 4 In sub-paragraph (2)(c)— ““director””(““ cyfarwyddwr ””), in relation to a company, has the meaning given by section 67(1) of the Income Tax (Earnings and Pensions) Act 2003 (c. 1) (read with subsection (2) of that section) and includes any person falling within section 452(1) of the Corporation Tax Act 2010 (c. 4); ““controlling director””(““ cyfarwyddwr â rheolaeth ””), in relation to a company, means a director of the company who has control of it (construing control in accordance with sections 450 and 451 of the Corporation Tax Act 2010 (c. 4)). 5 For the purposes of this paragraph, a claim is not finally determined until— a the claim, or b the amount to which it relates, can no longer be varied (whether on review, appeal or otherwise). Recovery of group relief: supplementary 14 1 WRA may issue a notice to a person within paragraph 13(2) requiring the person to pay the amount that remains unpaid before the end of the period of 30 days beginning with the day on which the notice is issued. 2 A notice under sub-paragraph (1) must be issued before the end of the period of 3 years beginning with the date of the final determination mentioned in paragraph 13(1)(b). 3 The notice must state the amount required to be paid by the person to whom the notice is issued. 4 That amount is a ““relevant amount”” payable by the person to whom the notice is issued for the purposes of Part 7 of TCMA (payment and enforcement). 5 A person who has paid an amount in pursuance of a notice under this paragraph may recover that amount from the buyer. SCHEDULE 17 RECONSTRUCTION AND ACQUISITION RELIEFS (as introduced by section 30(1)) PART 1 INTRODUCTORY Overview 1 1 This Schedule makes provision about reconstruction relief and acquisition relief. 2 This Schedule is arranged as follows— a Part 2 describes the relief available for transactions entered into in pursuance of a scheme of reconstruction, b Part 3 provides for the amount of tax chargeable where a land transaction is entered into in connection with a company acquiring the whole or part of the undertaking of another company, c Part 4 makes provision about the withdrawal of reconstruction relief or acquisition relief, and d Part 5 makes provision about recovery of unpaid tax from certain persons. PART 2 RECONSTRUCTION RELIEF Reconstruction relief 2 1 Where— a a company (“ "the acquiring company” ”) acquires the whole or part of the undertaking of another company (““the target company””) in pursuance of a scheme for the reconstruction of the target company, and b the first and second conditions specified below are met, a land transaction entered into for the purposes of or in connection with the transfer of the undertaking or part is relieved from tax. 2 Relief under this paragraph is referred to in this Schedule as “ "reconstruction relief” ”. 3 The first condition is that the consideration for the acquisition consists wholly or partly of the issue of non-redeemable shares in the acquiring company to all the shareholders of the target company. 4 Where the consideration for the acquisition consists partly of the issue of non-redeemable shares, that condition is met only if the rest of the consideration consists wholly of the assumption or discharge by the acquiring company of liabilities of the target company. 5 In sub-paragraphs (3) and (4), “ "non-redeemable shares” ” means shares that are not redeemable shares. 6 The second condition is that after the acquisition has been made— a each shareholder of each of the companies is a shareholder of the other, and b the proportion of shares of one of the companies held by any shareholder is the same, or as nearly as may be the same, as the proportion of shares of the other company held by that shareholder. 7 If immediately before the acquisition the target company or the acquiring company holds any of its own shares, the shares are to be treated for the purposes of sub-paragraphs (3) and (6) as having been cancelled before the acquisition (and, accordingly, the company is to be treated as if it were not a shareholder of itself). 8 This paragraph is subject to paragraph 5 (withdrawal of reconstruction or acquisition relief). PART 3 ACQUISITION RELIEF Acquisition relief 3 1 Where— a a company (“ "the acquiring company” ”) acquires the whole or part of the undertaking of another company (““the target company””), and b all the conditions specified below are met, the amount of tax chargeable on a land transaction entered into for the purposes of or in connection with the transfer of the undertaking or part is limited to 0.5% of the chargeable consideration for the transaction (or such other proportion of that consideration as the Welsh Ministers may specify by regulations under this paragraph). 2 Relief under this paragraph is referred to in this Schedule as “ "acquisition relief” ”. 3 The first condition is that the consideration for the acquisition consists wholly or partly of the issue of non-redeemable shares in the acquiring company to— a the target company, or b all or any of the target company's shareholders. 4 Where the consideration for the acquisition consists partly of the issue of non-redeemable shares, that condition is met only if the rest of the consideration consists wholly of— a cash not exceeding 10% of the nominal value of the non-redeemable shares so issued, b the assumption or discharge by the acquiring company of liabilities of the target company, or c both of those things. 5 In sub-paragraphs (3) and (4), “ "non-redeemable shares” ” means shares that are not redeemable shares. 6 The second condition is that the acquiring company is not associated with another company that is a party to arrangements with the target company relating to shares of the acquiring company issued in connection with the transfer of the undertaking or part. 7 For this purpose, companies are associated if one has control of the other or both are controlled by the same person or persons; and the reference to control is to be construed in accordance with sections 450 and 451 of the Corporation Tax Act 2010 (c. 4). 8 The third condition is that the undertaking or part acquired by the acquiring company has as its main activity the carrying on of a trade that does not consist wholly or mainly of dealing in chargeable interests. 9 In sub-paragraph (8), “ "trade” ” has the same meaning as in section 1119 of the Corporation Tax Act 2010 (c. 4). 10 In this paragraph, ““arrangements”” include any scheme, agreement or understanding, whether or not legally enforceable. 11 This paragraph is subject to paragraph 5 (withdrawal of reconstruction or acquisition relief). PART 4 WITHDRAWAL OF RECONSTRUCTION OR ACQUISITION RELIEF Interpretation 4 In this Part and in Part 5 of this Schedule, a transaction— a that is relieved from tax by virtue of reconstruction relief, or b on which tax is chargeable in accordance with paragraph 3 (acquisition relief), is referred to as a “ "relieved transaction” ”. Withdrawal of reconstruction or acquisition relief 5 1 Where sub-paragraph (2) applies, reconstruction or acquisition relief in relation to a relieved transaction, or an appropriate proportion of it, is withdrawn and tax is chargeable in accordance with this paragraph. 2 This sub-paragraph applies where— a control of the acquiring company changes— i before the end of the period of 3 years beginning with the effective date of the transaction, or ii in pursuance of, or in connection with, arrangements made before the end of that period, and b at the time control of the acquiring company changes (“ "the relevant time” ”), it or a relevant associated company holds a chargeable interest— i that was acquired by the acquiring company under the relieved transaction, or ii that is derived from an interest so acquired, and that has not subsequently been acquired at market value under a chargeable transaction in relation to which reconstruction or acquisition relief was available but was not claimed. 3 The amount chargeable is the tax that would have been chargeable in respect of the relieved transaction but for reconstruction or acquisition relief if the chargeable consideration for that transaction had been an amount equal to— a the market value of the subject-matter of the transaction, and b if the acquisition was the grant of a lease at a rent, that rent, or, as the case may be, an appropriate proportion of the tax that would have been so chargeable. 4 In sub-paragraphs (1) and (3), “ "an appropriate proportion” ” means an appropriate proportion having regard to the subject-matter of the relieved transaction and what is held at the relevant time by the acquiring company or, as the case may be, by that company and any relevant associated companies. 5 In this paragraph, “ "relevant associated company” ”, in relation to the acquiring company, means a company— a that is controlled by the acquiring company immediately before the control of that company changes, and b of which control changes in consequence of the change of control of that company. 6 In this paragraph— a “ "arrangements” ” includes any scheme, agreement or understanding, whether or not legally enforceable; b “ "control” ” is to be construed in accordance with sections 450 and 451 of the Corporation Tax Act 2010 (c. 4); c references to control of a company changing are to the company becoming controlled— i by a different person, ii by a different number of persons, or iii by two or more persons at least one of whom is not the person, or one of the persons, by whom the company was previously controlled. 7 This paragraph has effect subject to paragraph 6 (cases in which reconstruction or acquisition relief not withdrawn). Cases in which reconstruction or acquisition relief not withdrawn 6 1 Reconstruction or acquisition relief is not withdrawn under paragraph 5 in the following cases. 2 The first case is where control of the acquiring company changes as a result of a share transaction that is effected as mentioned in— a any of paragraphs (a) to (d) of paragraph 3 of Schedule 3 (transactions in connection with divorce etc.), or b any of paragraphs (a) to (d) of paragraph 4 of that Schedule (transactions in connection with dissolution of civil partnership etc.). 3 The second case is where control of the acquiring company changes as a result of a share transaction that— a is effected as mentioned in sub-paragraph (1) of paragraph 6 of Schedule 3 (variation of testamentary dispositions etc.), and b meets the conditions in sub-paragraph (2) of that paragraph. 4 The third case is where control of the acquiring company changes as a result of an exempt intra-group transfer. 5 An “ "exempt intra-group transfer” ” means a transfer of shares effected by an instrument that is exempt from stamp duty by virtue of section 42 of the Finance Act 1930 (c. 28) or section 11 of the Finance Act (Northern Ireland) 1954 (c. 23 (N.I.)) (transfers between associated bodies corporate). 6 But see paragraph 7 (withdrawal of relief in case of subsequent non-exempt transfer). 7 The fourth case is where control of the acquiring company changes as a result of a transfer of shares to another company in relation to which share acquisition relief applies. 8 “ "Share acquisition relief” ” means relief under section 77 of the Finance Act 1986 (c. 41) and a transfer is one in relation to which that relief applies if an instrument effecting the transfer is exempt from stamp duty by virtue of that provision. 9 But see paragraph 7 (withdrawal of relief in case of subsequent non-exempt transfer). 10 The fifth case is where— a control of the acquiring company changes as a result of a loan creditor becoming, or ceasing to be, treated as having control of the company, and b the other persons who were previously treated as controlling the company continue to be so treated. 11 ““Loan creditor”” here has the meaning given by section 453 of the Corporation Tax Act 2010 (c. 4). Withdrawal of reconstruction or acquisition relief on subsequent non-exempt transfer 7 1 Reconstruction or acquisition relief in relation to a relieved transaction, or an appropriate proportion of it, is withdrawn and tax is chargeable in accordance with this paragraph in the following cases. 2 The first case is where paragraph 6(4) (change of control of acquiring company as a result of exempt intra-group transfer) has effect to prevent the withdrawal of reconstruction or acquisition relief on a change of control of the acquiring company, but— a a company holding shares in the acquiring company to which the exempt intra-group transfer related, or that are derived from shares to which that transfer related, ceases to be a member of the same group as the target company— i before the end of the period of 3 years beginning with the effective date of the relieved transaction, or ii in pursuance of or in connection with arrangements made before the end of that period, and b the acquiring company or a relevant associated company, at that time (“ "the relevant time” ”), holds a chargeable interest— i that was transferred to the acquiring company by the relieved transaction, or ii that is derived from an interest that was so transferred, and that has not subsequently been transferred at market value by a chargeable transaction in relation to which reconstruction or acquisition relief was available but was not claimed. 3 The second case is where paragraph 6(7) (change of control of acquiring company as a result of a transfer to which share acquisition relief applies) has effect to prevent the withdrawal of reconstruction or acquisition relief on a change of control of the acquiring company, but— a control of the other company mentioned in that provision changes— i before the end of the period of 3 years beginning with the effective date of the relieved transaction, or ii in pursuance of or in connection with arrangements made before the end of that period, at a time when that company holds any shares transferred to it by the exempt transfer, or any shares derived from shares so transferred, and b the acquiring company or a relevant associated company, at that time (“ "the relevant time” ”), holds a chargeable interest— i that was transferred to the acquiring company by the relieved transaction, or ii that is derived from an interest that was so transferred, and that has not subsequently been transferred at market value by a chargeable transaction in relation to which reconstruction or acquisition relief was available but was not claimed. 4 The amount chargeable is the tax that would have been chargeable in respect of the relieved transaction but for reconstruction or acquisition relief if the chargeable consideration for that transaction had been an amount equal to the market value of the subject-matter of the transaction or, as the case may be, an appropriate proportion of the tax that would have been so chargeable. 5 In sub-paragraphs (1) and (4), “ "an appropriate proportion” ” means an appropriate proportion having regard to the subject-matter of the relieved transaction and what is held at the relevant time by the acquiring company or, as the case may be, by that company and any relevant associated companies. 6 In this paragraph, “ "relevant associated company” ”, in relation to the acquiring company, means a company— a that is controlled by the acquiring company immediately before the control of that company changes, and b of which control changes in consequence of the change of control of that company. 7 In this paragraph— a “ "arrangements” ” includes any scheme, agreement or understanding, whether or not legally enforceable; b “ "control” ” is to be construed in accordance with sections 450 and 451 of the Corporation Tax Act 2010 (c. 4); c references to control of a company changing are to the company becoming controlled— i by a different person, ii by a different number of persons, or iii by two or more persons at least one of whom is not the person, or one of the persons, by whom the company was previously controlled. PART 5 RECOVERY OF RECONSTRUCTION OR ACQUISITION RELIEF Recovery of reconstruction or acquisition relief from another group company or controlling director 8 1 This paragraph applies where— a tax is chargeable under paragraph 5 or 7 (withdrawal of reconstruction or acquisition relief), b the amount so chargeable has been finally determined, and c the whole or part of the amount so chargeable is unpaid 6 months after the date on which it became payable. 2 The following persons may, by notice under paragraph 9, be required to pay the unpaid tax (together with any interest payable)— a any company that at any relevant time was a member of the same group as the acquiring company and was above it in the group structure; b any person who at any relevant time was a controlling director of the acquiring company or a company having control of the acquiring company. 3 For the purposes of sub-paragraph (2), “ "relevant time” ” means any time between effective date of the relieved transaction and the change of control by virtue of which tax is chargeable. 4 For the purposes of sub-paragraph (2)(a), a company (““company A””) is ““above”” another company (““company B””) in a group structure if company B, or another company that is above company B in the group structure, is a 75% subsidiary of company A. 5 For the purposes of sub-paragraph (2)(b)— a “ "director” ”, in relation to a company, has the meaning given by section 67(1) of the Income Tax (Earnings and Pensions) Act 2003 (c. 1) (read with subsection (2) of that section) and includes any person falling within section 452(1) of the Corporation Tax Act 2010 (c. 4); b “ "controlling director” ”, in relation to a company, means a director of the company who has control of it; and ““control”” here is to be construed in accordance with sections 450 and 451 of the Corporation Tax Act 2010 (c. 4). 6 For the purposes of this paragraph, a claim is not finally determined until— a the claim, or b the amount to which it relates, can no longer be varied (whether on review, appeal or otherwise). Recovery of reconstruction or acquisition relief: supplementary 9 1 WRA may issue a notice to a person within paragraph 8(2) requiring the person to pay the amount that remains unpaid before the end of the period of 30 days beginning with the day on which the notice is issued. 2 A notice under sub-paragraph (1) must be issued before the end of the period of 3 years beginning with the date of the final determination mentioned in paragraph 8(1)(b). 3 The notice must state the amount required to be paid by the person to whom the notice is issued. 4 That amount is a ““relevant amount”” payable by the person to whom the notice is issued for the purposes of Part 7 of TCMA (payment and enforcement). 5 A person who has paid an amount in pursuance of a notice under this paragraph may recover that amount from the acquiring company. SCHEDULE 18 CHARITIES RELIEF (as introduced by section 30(1)) Overview 1 This Schedule is arranged as follows— a paragraph 2 defines key terms, aa paragraphs 2A to 2D make provision about the meaning of “charity”, b paragraph 3 describes the relief available to a charity that is a buyer in a land transaction and the circumstances in which it is available, c paragraph 4 describes the circumstances where that relief is withdrawn, d paragraph 5 describes the relief available where a charity does not qualify for relief under paragraph 3 but meets other criteria, and makes provision about the circumstances where such relief is withdrawn, e paragraph 6 describes the relief available where at least one charity and at least one person who is not a charity are buyers under a land transaction, f paragraph 7 describes the circumstances where that relief is withdrawn, g paragraph 8 describes the relief available where a charity does not qualify for relief under paragraph 6 but meets other criteria, and makes provision about the circumstances where such relief is withdrawn, and h paragraph 9 makes provision about reliefs available for charitable trusts. Key terms 2 1 In this Schedule, a charity (““C””) which is a buyer in a land transaction is a ““qualifying charity””— a for the purposes of paragraphs 3, 4 and 5, if C intends to hold the whole of the subject-matter of the transaction for qualifying charitable purposes; b for the purposes of paragraphs 6, 7 and 8, if C intends to hold the whole of its undivided share of the subject-matter of the transaction for qualifying charitable purposes. 2 For the purposes of this Schedule, C holds the subject-matter of the transaction for ”qualifying charitable purposes” if C holds it— a for use in furtherance of the charitable purposes of C or another charity, or b as an investment from which the profits are applied to the charitable purposes of C. 3 In this Schedule— a “ "charity” ” has the meaning given by paragraph 2A , and b “ "charitable purpose” ” has the meaning given by section 2 of the Charities Act 2011 (c. 25). 4 In this Schedule, in relation to C which is a buyer in a land transaction, a ““disqualifying event”” occurs when— a C ceases to be established for charitable purposes only, or b the whole or any part of the subject-matter of the transaction relieved from tax under this Schedule, or any interest or right derived from it, is used or held by C otherwise than for qualifying charitable purposes. Meaning of “charity” 2A For the purpose of this Schedule, “charity” means a body of persons or trust that— a is established for charitable purposes only, b meets the jurisdiction condition (see paragraph 2B), c meets the registration condition (see paragraph 2C), and d meets the management condition (see paragraph 2D). Meaning of “charity”: jurisdiction condition 2B 1 A body of persons or trust meets the jurisdiction condition if it falls to be subject to the control of a relevant UK court in the exercise of its jurisdiction with respect to charities. 2 A “relevant UK court” means— a the High Court, b the Court of Session, or c the High Court in Northern Ireland. Meaning of “charity”: registration condition 2C 1 A body of persons or trust meets the registration condition if— a in the case of a body of persons or trust that is a charity within the meaning of section 10 of the Charities Act 2011 (c. 25) , condition A is met, and b in the case of any other body of persons or trust, condition B is met. 2 Condition A is that the body of persons or trust has complied with any requirement to be registered in the register of charities kept under section 29 of the Charities Act 2011. 3 Condition B is that the body of persons or trust has complied with any requirement to be registered in a register corresponding to that mentioned in condition A kept under the law of Scotland or Northern Ireland. Meaning of “charity”: management condition 2D 1 A body of persons or trust meets the management condition if its managers are fit and proper persons to be managers of the body or trust. 2 In this paragraph “managers”, in relation to a body of persons or trust, means the persons having the general control and management of the administration of the body or trust. 3 Sub-paragraph (4) applies in relation to any period throughout which the management condition is not met. 4 The management condition is treated as met if WRA consider that— a the failure to meet the condition has not prejudiced the charitable purposes of the body or trust, or b it is just and reasonable in all the circumstances for the condition to be treated as met throughout the period. The relief 3 1 A land transaction is relieved from tax where the buyer is a qualifying charity. 2 But see paragraph 4 (withdrawal of relief). Withdrawal of charities relief 4 1 This paragraph applies where— a a land transaction is relieved from tax under paragraph 3 (““the relieved transaction””), b a disqualifying event occurs in relation to a charity (““C””) which was the buyer under the relieved transaction, and c the disqualifying event occurs in the circumstances required by sub-paragraphs (3) and (4). 2 Where this paragraph applies, relief under paragraph 3, or an appropriate proportion of it, is withdrawn and tax is chargeable (see sub-paragraph (5)). 3 The disqualifying event must occur— a before the end of the period of 3 years beginning with the effective date of the relieved transaction, or b in pursuance of, or in connection with, arrangements made before the end of that period. 4 At the time of the disqualifying event C must hold a chargeable interest that— a was acquired by C under the relieved transaction, or b that is derived from an interest so acquired. 5 The amount chargeable is the amount of tax that would have been chargeable but for paragraph 3 or, as the case may be, an appropriate proportion of that amount. 6 An “ "appropriate proportion” ” means an appropriate proportion having regard to— a what was acquired by C under the relieved transaction and what is held by C at the time of the disqualifying event, and b the extent to which what is held by C at that time is or becomes used or held for purposes other than qualifying charitable purposes. Charity not a qualifying charity 5 1 This paragraph applies where— a a land transaction is not relieved from tax under paragraph 3 because the buyer is not a qualifying charity, but b the buyer is a charity (““C””) which intends to hold the greater part of the subject-matter of the transaction for qualifying charitable purposes. 2 In such a case— a paragraphs 3 and 4 have effect as if C were a qualifying charity, but b for the purposes of paragraph 4, “ "disqualifying event” ” includes the following if they are made otherwise than in furtherance of C's charitable purpose— i any transfer by C of a major interest in the whole or any part of the subject-matter of the relieved transaction; ii any grant by C at a premium of a low-rental lease of the whole or any part of that subject-matter. 3 In relation to a transfer or grant that, by virtue of sub-paragraph (2)(b), is a disqualifying event for the purposes of paragraph 4— a the date of the disqualifying event for those purposes is the effective date of the relieved transaction, and b paragraph 4 has effect with the modifications in sub-paragraph (4). 4 The modifications to paragraph 4 are— a sub-paragraph (4) is to have effect as if for ““At the time of”” there were substituted “ Immediately before ” ; b sub-paragraph (6)(a) is to have effect as if for ““at the time of”” there were substituted “ immediately before and immediately after ” ; c sub-paragraph (6) is to have effect as if paragraph (b) were omitted. 5 For the purposes of this paragraph— a a lease is granted ““at a premium”” if there is consideration other than rent, and b a lease is a ““low-rental”” lease if the annual rent (if any) is less than £1,000 a year. 6 In this paragraph— a “ "annual rent” ” has the meaning given by paragraph 36(2) of Schedule 6, and b “ "rent” ” has the same meaning as in that Schedule. Joint purchase by qualifying charity and another person: partial relief 6 1 This paragraph applies where— a there are two or more buyers under a land transaction, b the buyers acquire the subject-matter of the transaction as tenants in common, and c at least one of the buyers is a qualifying charity and at least one of the buyers is another person who is not a qualifying charity. 2 The tax chargeable in respect of the transaction is reduced by the amount of the relief under sub-paragraph (3) (but see paragraph 7 (withdrawal of partial relief)). 3 The relief is equal to the relevant proportion of the tax that would, ignoring paragraph 3, otherwise have been chargeable in respect of the transaction. 4 The ““relevant proportion””, in the case of a qualifying charity, is the lower of P1 and P2, where— P1 is the proportion of the subject-matter of the transaction that is acquired by all the qualifying charities that are buyers under the transaction (in aggregate); P2 is the proportion of the chargeable consideration for the transaction that is given by all the qualifying charities that are buyers under the transaction (in aggregate). Withdrawal of partial relief 7 1 This paragraph applies where— a a land transaction is relieved from tax under paragraph 6 (““the relieved transaction””), b a disqualifying event occurs in relation to a charity (““C””) which was the buyer under the relieved transaction, and c the disqualifying event occurs in the circumstances required by sub-paragraphs (3) and (4). 2 Where this paragraph applies, C's portion of the relief, or an appropriate proportion of C's portion of that relief, is withdrawn and tax is chargeable in accordance with this paragraph (see sub-paragraph (5)). 3 The disqualifying event must occur— a before the end of the period of 3 years beginning with the effective date of the relieved transaction, or b in pursuance of, or in connection with, arrangements made before the end of that period. 4 At the time of the disqualifying event, C must hold a chargeable interest that— a was acquired by C under the relieved transaction, or b is derived from an interest so acquired. 5 The amount chargeable is equal to C's portion of the relief or, as the case may be, the appropriate proportion of C's portion of the relief. 6 C's portion of the relief depends on whether P1 or P2 was lower in the calculation under paragraph 6. 7 If P1 was lower, C's portion of the relief is equal to— p1 P1 × R Figure 14 where— p1 is the proportion of the subject-matter of the transaction that was acquired by C under the transaction; P1 has the same meaning as in paragraph 6(4); R is the amount of the relief. 8 If P2 was lower, C's portion of the relief is equal to— p2 P2 × R Figure 15 where— p2 is the proportion of chargeable consideration for the transaction that was given by C; P2 has the same meaning as in paragraph 6(4); R is the amount of the relief. 9 In this paragraph, “ "appropriate proportion” ” means an appropriate proportion having regard to— a what was acquired by C under the relieved transaction and what is held by C at the time of the disqualifying event, and b the extent to which what is held by C at that time is or becomes used or held for purposes other than qualifying charitable purposes. Partial relief: charity not a qualifying charity 8 1 This paragraph applies where— a a charity (““C””) is one of two or more buyers acquiring the subject-matter of a land transaction as tenants in common, b C is not a qualifying charity, c paragraph 6(2) to (4) would apply if C were a qualifying charity, and d C intends to hold the greater part of its undivided share of the subject-matter of the transaction for qualifying charitable purposes. 2 In such a case— a paragraphs 6 and 7 have effect as if C were a qualifying charity, but b for the purposes of paragraph 7 “ "disqualifying event” ” includes the following if they are made otherwise than in furtherance of C's charitable purposes— i any transfer by C of a major interest in the whole or any part of the subject-matter of the relieved transaction; ii any grant by C at a premium of a low-rental lease of the whole or any part of that subject-matter. 3 In relation to a transfer or a grant that, by virtue of sub-paragraph (2)(b), is a disqualifying event for the purposes of paragraph 7— a the date of the event for those purposes is the effective date of the relieved transaction, and b paragraph 7 has effect with the modifications in sub-paragraph (4). 4 The modifications to paragraph 7 are— a sub-paragraph (4) is to have effect as if for ““At the time of”” there were substituted “ Immediately before ” ; b sub-paragraph (9)(a) is to have effect as if for ““at the time of”” there were substituted “ immediately before and immediately after ” ; c sub-paragraph (9) is to have effect as if paragraph (b) were omitted. 5 For the purposes of this paragraph— a a lease is granted ““at a premium”” if there is consideration other than rent, and b a lease is a ““low-rental”” lease if the annual rent (if any) is less than £1,000 a year. 6 In this paragraph— a “ "annual rent” ” has the meaning given by paragraph 36(2) of Schedule 6, and b “ "rent” ” has the same meaning as in that Schedule. Application of this Schedule to certain trusts 9 1 This Schedule applies to the following trusts as it applies to a charity but subject to the modifications in sub-paragraph (2)— a a trust of which all the beneficiaries are charities, or b a unit trust scheme in which all the unit holders are charities. 2 The modifications to this Schedule are— a the references in paragraph 2(2) to the charitable purposes of C are to have effect as if they were references to those of the beneficiaries or unit holders, or any of them; b the references to C in paragraph 2(4), are to have effect as if they were references to any of the beneficiaries or unit holders; c the references in paragraphs 5(2)(b) and 8(2)(b) to the charitable purposes of C are to have effect as if they were references to those of the beneficiaries or unit holders, or any of them. SCHEDULE 19 OPEN-ENDED INVESTMENT COMPANY RELIEFS (as introduced by section 30(1)) Relief from land transaction tax: conversion of an authorised unit trust to an open-ended investment company 1 1 A land transaction transferring any property which is subject to the trusts of an authorised unit trust (“ "the target trust” ”) to an open-ended investment company (“ "the acquiring company” ”) is relieved from tax if the conditions set out in sub-paragraph (2) are met. 2 Those conditions are that— a the transfer forms part of an arrangement for the conversion of an authorised unit trust to an open-ended investment company, as a result of which the whole of the available property of the target trust becomes the whole of the property of the acquiring company, b under the arrangement all the units in the target trust are extinguished, c the consideration under the arrangement consists of or includes the issue of shares (“ "the consideration shares” ”) in the acquiring company to the persons who held the extinguished units, d the consideration shares are issued to those persons in proportion to their holdings of the extinguished units, and e the consideration under the arrangement does not include anything else, other than the assumption or discharge by the acquiring company of liabilities of the trustees of the target trust. Relief from land transaction tax: amalgamation of an authorised unit trust with an open-ended investment company 2 1 A land transaction transferring any property which is subject to the trusts of an authorised unit trust (“ "the target trust” ”) to an open-ended investment company (“ "the acquiring company” ”) is relieved from tax if the conditions set out in sub-paragraph (2) are met. 2 Those conditions are that— a the transfer forms part of an arrangement for the amalgamation of an authorised unit trust with an open-ended investment company, as a result of which the whole of the available property of the target trust becomes part (but not the whole) of the property of the acquiring company, b under the arrangement all the units in the target trust are extinguished, c the consideration under the arrangement consists of or includes the issue of shares (“ "the consideration shares” ”) in the acquiring company to the persons who held the extinguished units, d the consideration shares are issued to those persons in proportion to their holdings of the extinguished units, and e the consideration under the arrangement does not include anything else, other than the assumption or discharge by the acquiring company of liabilities of the trustees of the target trust. Interpretation 3 1 For the purposes of this Schedule, “ "the whole of the available property of the target trust” ” means the whole of the property subject to the trusts of the target trust, other than any property which is retained for the purpose of discharging liabilities of the trustees of the target trust (and “ "target trust” ” has the meaning given by paragraph 1 or 2, as the case may be). 2 For the purposes of this Schedule, each of the parts of an umbrella scheme (and not the scheme as a whole) is regarded as an authorised unit trust; and “ "umbrella scheme” ” has the same meaning as in section 619 of the Corporation Tax Act 2010 (c. 4). 3 In this Schedule, “ "authorised unit trust” ” means a unit trust scheme in the case of which an order under section 243 of the Financial Services and Markets Act 2000 (c. 8) is in force. SCHEDULE 20 RELIEF FOR ACQUISITIONS BY PUBLIC BODIES AND HEALTH BODIES (as introduced by section 30(1)) Relief for certain acquisitions involving public bodies 1 1 A land transaction entered into on, or in consequence of, or in connection with, a reorganisation effected by or under an enactment is relieved from tax if the buyer and seller are both public bodies. 2 The Welsh Ministers may by regulations provide that a land transaction that is not entered into as mentioned in sub-paragraph (1) is relieved from tax if— a the transaction is effected by or under an enactment specified in the regulations, and b either the buyer or the seller is a public body. 3 A “ "reorganisation” ” means changes involving— a the establishment, reform or abolition of one or more public bodies, b the creation, alteration or abolition of functions (discharged, or to be discharged) by one or more public bodies, or c the transfer of functions from one public body to another. 4 The following are public bodies for the purposes of this paragraph— a a Minister of the Crown; b the Welsh Ministers, the First Minister for Wales and the Counsel General to the Welsh Government; c the National Assembly for Wales Commission; d a county or county borough council constituted under section 21 of the Local Government Act 1972 (c. 70); da a corporate joint committee established by regulations made under Part 5 of the Local Government and Elections (Wales) Act 2021; e a county or district council constituted under section 2 of that Act; f the council of a London borough; g any other authority that is a local planning authority within the meaning of the Town and Country Planning Act 1990 (c. 8); h a Special Health Authority established under section 22 of the National Health Service (Wales) Act 2006 (c. 42) or section 28 of the National Health Service Act 2006 (c. 41); i a Local Health Board established under section 11 of the National Health Service (Wales) Act 2006 (c. 42); j a National Health Service Trust established under section 18 of the National Health Service (Wales) Act 2006 (c. 42) or section 25 of the National Health Service Act 2006 (c. 41); k . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . l a person specified for the purposes of this paragraph by the Welsh Ministers by regulations. 5 In this paragraph, references to a public body include— a a company in which all the shares are owned by such a body; b a wholly-owned subsidiary of such a company. Relief for acquisitions by certain health service bodies 2 A land transaction is relieved from tax if the buyer is any of the following— a a Local Health Board established under section 11 of the National Health Service (Wales) Act 2006 (c. 42); b a Special Health Authority established established under section 22 of that Act; c a National Health Service Trust established under section 18 of that Act; d a person specified for the purposes of this paragraph by the Welsh Ministers by regulations. SCHEDULE 21 COMPULSORY PURCHASE RELIEF AND PLANNING OBLIGATIONS RELIEF (as introduced by section 30(1)) Relief for compulsory purchase facilitating development 1 1 A compulsory purchase facilitating development is relieved from tax. 2 In this paragraph— “ "compulsory purchase facilitating development” ” (“ " pryniant gorfodol sy'n hwyluso datblygiad ”") means a land transaction under which the buyer acquires a chargeable interest pursuant to a compulsory purchase order made by the buyer for the purpose of facilitating development by another person; “ "development” ” (“ " datblygiad ”") has the meaning given by the Town and Country Planning Act 1990 (c. 8) (see section 55 of that Act). 3 For the purposes of sub-paragraph (2), it does not matter how the acquisition is effected (so that the provision applies where the acquisition is effected by agreement). Relief for compliance with planning obligations 2 1 A land transaction that is entered into in order to comply with a planning obligation or a modification of a planning obligation is relieved from tax if— a the planning obligation or modification is enforceable against the seller, b the buyer is a public body, and c the effective date of the transaction falls within the period of 5 years beginning with the date on which the planning obligation was entered into or modified. 2 In this paragraph— “ "modification” ” (“ " addasiad ”") of a planning obligation means modification as mentioned in section 106A(1) (modification and discharge of planning obligations) of the Town and Country Planning Act 1990 (c. 8); “ "planning obligation” ” (“ " rhwymedigaeth gynllunio ”") means a planning obligation within the meaning of section 106 of that Act that is entered into in accordance with subsection (9) of that section (matters relating to the form and execution of the instrument effecting the planning obligation). 3 The following are public bodies for the purposes of this paragraph— a a county or county borough council constituted under section 21 of the Local Government Act 1972 (c. 70); b a Special Health Authority established under section 22 of the National Health Service (Wales) Act 2006 (c. 42); c a Local Health Board established under section 11 of that Act; d a National Health Service Trust established under section 18 of that Act; e a person specified for the purposes of this paragraph by the Welsh Ministers by regulations. SCHEDULE 21A RELIEF FOR SPECIAL TAX SITES PART 1 Key terms Meaning of transaction land 1 In this Schedule, “ transaction land ”, in relation to a land transaction, means land a chargeable interest in which is the subject matter of the transaction. Meaning of special tax site 2 In this Schedule, “ special tax site ” means the areas designated as special areas by— a the Designation of Special Tax Sites (Celtic Freeport) Regulations 2024 ( S.I. 2024/1035 ) as made on 16 October 2024; b the Designation of Special Tax Sites (Anglesey Freeport) Regulations 2024 ( S.I. 2024/1286 ) as made on 4 December 2024. c the Designation of Special Tax Sites (Anglesey Freeport) Regulations 2025 ( S.I. 2025/1079 ) as made on 14 October 2025. d the Designation of Special Tax Sites (Flintshire and Wrexham Investment Zone) Regulations 2025 ( S.I. 2025/1080 ) as made on 14 October 2025. Meaning of qualifying land 3 For the purposes of this Schedule, transaction land is “qualifying land” if, on the effective date of the land transaction— a it is situated in a special tax site, and b the buyer intends it to be used exclusively in a qualifying manner. Meaning of qualifying manner 4 1 For the purposes of this Schedule, transaction land is used in a qualifying manner if it is used in one or more of the following ways— a it is used by the buyer or a connected person in the course of a commercial trade or profession; b it is developed or redeveloped by the buyer or a connected person for use (by any person) in the course of a commercial trade or profession; c it is exploited by the buyer or a connected person, in the course of a commercial trade or profession, as a source of rents or other receipts (other than excluded rents). 2 But transaction land is not used in a qualifying manner to the extent that it is— a used as a dwelling or as the garden or grounds of a dwelling (including any building or other structure on such land), b developed or redeveloped to become residential property, c exploited as a source of rents or other receipts payable by a person using the land otherwise than in a qualifying manner, or d held (as stock of the business) for resale without development or redevelopment. 3 Despite sub-paragraph (2), transaction land is used in a qualifying manner to the extent it is used as a dwelling or as the garden or grounds of a dwelling that is provided to an individual and the individual’s family for the better performance of the individual’s employment duties as caretaker of, or as a member of the security staff for, the transaction land or any part of it. 4 For the purposes of this paragraph, use of land in the course of a commercial trade or profession includes use of land for a purpose that is ancillary to the use of other land which— a is situated in a special tax site, and b is being used, or developed or redeveloped, in the course of a commercial trade or profession. 5 The references in this paragraph to doing something in the course of a commercial trade or profession include doing something in the course of a property rental business. 6 In this paragraph— “ commercial ” (“ masnachol ”) in relation to a trade or profession, means carried on— on a commercial basis, and with a view to profit; “ excluded rents ” (“ rhenti wedi eu heithrio ”) means income within any of classes 1 to 6 in the table in section 605(2) of the Corporation Tax Act 2010 (c. 4) ; “ property rental business ” (“ busnes rhentu eiddo ”) has the same meaning as a “property business” in the Income Tax (Trading and Other Income) Act 2005 (c. 5) (see section 263(6) of that Act).” PART 2 The Relief Meaning of relief period 5 In this Part, the “ relief period ” means a in so far as the reference relates to the special tax site mentioned in paragraph 2(a), the period beginning with 26 November 2024 and ending with 30 September 2029; b in so far as the reference relates to the special tax site mentioned in paragraph 2(b), the period beginning with 23 January 2025 and ending with 30 September 2029; c in so far as the reference relates to the special tax site mentioned in paragraph 2(c), the period beginning with 21 November 2025 and ending with 30 September 2029. d in so far as the reference relates to the special tax site mentioned in paragraph 2(d), the period beginning with 21 November 2025 and ending with 30 September 2034. Full relief 6 1 This paragraph applies if— a 100% of the chargeable consideration for a land transaction is attributable to qualifying land, and b the effective date of the transaction is within the relief period. 2 The land transaction is relieved from tax. Partial relief 7 1 This paragraph applies if— a the proportion of the chargeable consideration for a land transaction attributable to qualifying land (“the relevant proportion”) is less than 100%, and b the effective date of the transaction is within the relief period. 2 The tax chargeable in respect of the land transaction is reduced by a proportion equivalent to the relevant proportion. Attributing chargeable consideration to land 8 1 For the purposes of this Schedule, the consideration attributable to qualifying land must be determined on a just and reasonable basis. 2 Sub-paragraphs (3) and (4) apply if less than 100% of the chargeable consideration attributable to transaction land situated in a special tax site (“the tax site consideration”) is attributable to land that satisfies the condition in paragraph 3(b). 3 If at least 90% of the tax site consideration is attributable to land that satisfies the condition in paragraph 3(b), then, for the purposes of this Schedule, all of the tax site consideration is to be treated as being attributable to qualifying land. 4 If less than 10% of the tax site consideration is attributable to land that satisfies the condition in paragraph 3(b), then, for the purposes of this Schedule, all of the tax site consideration is to be treated as not being attributable to qualifying land. Contract completed by transfer after the end of the relief period 9 1 This paragraph applies if— a a land transaction is treated as effected under section 10(4) as a result of a contract being substantially performed without having been completed, b that transaction is relieved from tax under paragraph 6 or 7, and c the contract mentioned in paragraph (a) is subsequently completed by a transfer after the end of the relief period. 2 Section 10(5)(b) does not apply in relation to the transaction mentioned in sub-paragraph (1)(c) if the sole reason that it would have applied (but for this paragraph) is that the transaction occurred after the end of the relief period. 3 In this paragraph, “completed”, “contract” and “transfer” are to be interpreted in accordance with section 10(10). PART 3 Withdrawal of relief Withdrawal of relief 10 1 In this Part, a transaction that is relieved from tax under Part 2 is referred to as a “ relieved transaction ”; and accordingly references to a “buyer” and “qualifying land” are references to the buyer and the qualifying land in the relieved transaction. 2 Relief is withdrawn in relation to a relieved transaction if, at any time during the control period, the qualifying land is not used exclusively in a qualifying manner. 3 But the relief is not withdrawn where, because of a change in circumstances that is unforeseen and beyond the buyer’s control, it is not reasonable to expect the qualifying land to be used exclusively in a qualifying manner at that time. 4 Where, at a time during the control period, the use of all or part of the qualifying land in a qualifying manner has not yet begun, that land, or that part of the land, is to be treated as being used exclusively in a qualifying manner if reasonable steps are being taken to ensure that it is used in that manner. 5 Where, at a time during the control period, the use of all or part of the qualifying land in a qualifying manner has ceased, that land, or that part of the land, is to be treated as being used exclusively in a qualifying manner if reasonable steps are being taken— a to ensure that it is used in that manner, or b to dispose of all chargeable interests in that land, or that part of the land, that are held by the buyer and connected persons in a timely manner. The control period 11 1 In this Schedule, the “ control period ”, in relation to a relieved transaction, means the shorter of— a the period of 3 years beginning with the effective date of that transaction, and b the period beginning with the effective date of that transaction and ending with the effective date of the final transaction. 2 For the purposes of this paragraph, a land transaction is the final transaction if, immediately after the effective date of the transaction, neither the buyer nor a connected person holds a chargeable interest in the qualifying land (whether as a result of that transaction alone or as a result of that transaction and other land transactions). 3 For the purposes of sub-paragraph (2), the buyer or a connected person is treated as not having a chargeable interest in the qualifying land if the market value of the chargeable interest in the qualifying land that the buyer or a connected person holds is less than £40,000, unless sub-paragraph (4) applies. 4 This sub-paragraph applies if— a the buyer and any connected person hold between them more than one chargeable interest in the qualifying land, and b the total market value of those chargeable interests is £40,000 or more. Disposal of interest in part of qualifying land during control period 12 1 This paragraph applies where the buyer ceases to hold a chargeable interest in part of the qualifying land during the control period. 2 The references in paragraphs 10 and 11 to the qualifying land are to be treated as references only to the part of the qualifying land in relation to which the buyer still holds a chargeable interest (whether the chargeable interest acquired in the land transaction relieved from tax under Part 2 of this Schedule or another chargeable interest). PART 4 ALTERNATIVE FINANCE ARRANGEMENT Alternative Property Finance 13 1 This paragraph applies where either of the following applies— a paragraph 2(1) of Schedule 10 (land sold to financial institution and leased to a person), or b paragraph 3(1) of Schedule 10 (land sold to financial institution and re-sold to a person). 2 This paragraph applies for the purposes of determining— a whether relief can be claimed under Part 2 of this Schedule for the first transaction, and b whether relief for the first transaction is withdrawn under Part 3 of this Schedule. 3 For those purposes, this Schedule has effect as if— a references to the buyer were references to the relevant person, and b the reference in paragraph 4(2)(d) to land held (as stock for the business) for resale without development or redevelopment were a reference to land held in that manner by the relevant person. 4 The first transaction does not qualify for relief under Part 2 of this Schedule except where it does so by virtue of this paragraph. 5 In this paragraph— “ the first transaction ” (“ y trafodiad cyntaf ”) has the same meaning as in paragraph 2 or 3 of Schedule 10 (as appropriate); “ the relevant person ” (“ y person perthnasol ”) means the person, other than the financial institution, who entered into the arrangements mentioned in paragraph 2 or 3 of Schedule 10 (as appropriate). SCHEDULE 22 MISCELLANEOUS RELIEFS (as introduced by section 30(1)) Lighthouses reliefs 1 A land transaction entered into by or under the direction of the Secretary of State for the purposes of carrying into effect Part 8 of the Merchant Shipping Act 1995 (c. 21) (lighthouses) is relieved from tax. 2 1 A land transaction entered into by or under the direction of the Trinity House for the purpose of carrying out the services referred to in section 221(1) of the Merchant Shipping Act 1995 (c. 21) is relieved from tax. 2 In this paragraph, “ "the Trinity House” ” has the meaning given by section 223 of the Merchant Shipping Act 1995 (c. 21). Visiting forces and international military headquarters reliefs 3 A land transaction entered into with a view to— a building or enlarging barracks or camps for a visiting force, b facilitating the training of a visiting force, or c promoting the health or efficiency of a visiting force, is relieved from tax. 4 1 Paragraph 3 has effect in relation to a designated international military headquarters as if — a the headquarters were a visiting force of a designated country, and b the members of that force consisted of such of the persons serving at or attached to the headquarters as are members of the armed forces of a designated country. 2 In this paragraph, “ "designated” ” means designated for the purpose in question by or under any Order in Council made to give effect to an international agreement. 5 In paragraphs 3 and 4, “ "visiting force” ” means any body, contingent or detachment of a country's forces which is for the time being or is to be present in the United Kingdom on the invitation of Her Majesty's Government in the United Kingdom. Relief for property accepted in satisfaction of tax 6 A land transaction— a which is entered into under section 9 of the National Heritage Act 1980 (c. 17) (disposal of property accepted by the Commissioners for Revenue and Customs in satisfaction of inheritance tax) and by which property is transferred to a person mentioned in subsection (2) of that section, or b which is entered into under subsection (4) of that section, is relieved from tax. Trunk roads relief 7 1 A land transaction to which the Welsh Ministers are a party, or to which the Secretary of State is a party, is relieved from tax if— a it relates to a highway or proposed highway which is, or is to become, a trunk road, and b but for this paragraph tax would be payable in respect of the transaction as an expense incurred by the Welsh Ministers or the Secretary of State under the Highways Act 1980 (c. 66). 2 In this paragraph— “ "highway” ” (“ " priffordd ”") has the meaning given by section 328 of the Highways Act 1980 (c. 66); “ "proposed highway” ” (“ " priffordd arfaethedig ”") has the meaning given by section 329(1) of that Act; “ "trunk road” ” (“ " cefnffordd ”") has the meaning given by section 329(1) of that Act. Relief for acquisitions by bodies established for national purposes 8 A land transaction is relieved from tax if the buyer is any of the following— a the Trustees of the British Museum; b the Trustees of the National Heritage Memorial Fund; c the Trustees of the Natural History Museum. Relief for acquisitions in consequence of reorganisation of parliamentary constituencies 9 1 A land transaction is relieved from tax where an Order in Council is made under the Parliamentary Constituencies Act 1986 (c. 56) (orders specifying new parliamentary constituencies) and where— a the seller is an existing local constituency association, and b the buyer is— i a new association that is a successor to the existing association, or ii a related body to the existing association that as soon as practicable transfers the interest or right to a new association that is a successor to the existing association. 2 Where sub-paragraph (1)(b)(ii) applies, the land transaction giving effect to the transfer mentioned in that sub-paragraph is also relieved. 3 In this paragraph— “ "existing local constituency association” ” (“ " cymdeithas etholaeth leol sy'n bodoli eisoes ”") means a local constituency association whose area was the same, or substantially the same, as the area of a former parliamentary constituency or two or more such constituencies immediately before the relevant date; “ "former parliamentary constituency” ” (“ " etholaeth seneddol flaenorol ”") means an area that, for the purposes of parliamentary elections, was a constituency immediately before the relevant date but is no longer such a constituency after that date; “ "local constituency association” ” (“ " cymdeithas etholaeth leol ”") means an unincorporated association (whether described as an association, a branch or otherwise) whose primary purpose is to further the aims of a political party in an area that is or was the same or substantially the same as the area of a parliamentary constituency or two or more parliamentary constituencies; “ "new association” ” (“ " cymdeithas newydd ”") means a local constituency association whose area is the same, or substantially the same, as that of a new parliamentary constituency or two or more such constituencies immediately after the relevant date; ““new parliamentary constituency””(““ etholaeth seneddol newydd ””) means an area that, for the purposes of parliamentary elections, is such a constituency after the relevant date but was not such a constituency immediately before that date; “ "related body” ” (“ " corff perthynol ”"), in relation to a local constituency association, means a body (whether corporate or unincorporated) that is an organ of the political party concerned; “ "relevant date” ” (“ " dyddiad perthnasol ”") means the date which the Order mentioned in sub-paragraph (1) comes into operation (see section 4(6) of the Parliamentary Constituencies Act 1986 (c. 56)). 4 For the purposes of this paragraph, a new association is a successor to an existing association if any part of the existing association's area is comprised in the new association's area. Building societies relief 10 1 A land transaction is relieved from tax if it is effected by or in consequence of— a an amalgamation of two or more building societies under section 93 of the Building Societies Act 1986 (c. 53) (amalgamation), or b a transfer of engagements between building societies under section 94 of that Act (transfer of engagements). 2 In this paragraph, “ "building society” ” has the meaning given by section 119(1) of the Building Societies Act 1986 (c. 53). Friendly societies relief 11 1 A land transaction is relieved from tax if it is effected by or in consequence of— a an amalgamation of two or more registered societies under section 82 of the Friendly Societies Act 1974 (c. 46) (the “ "1974 Act” ”) (amalgamation and transfer of engagements), b a transfer of engagements under that section, c an amalgamation of two or more friendly societies under section 85 of the Friendly Societies Act 1992 (c. 40) (the “ "1992 Act” ”) (amalgamation of friendly societies), d a transfer of the engagements of a friendly society under section 86 of the 1992 Act (transfer of engagements by or to friendly society), or e a transfer of the engagements of a friendly society pursuant to a direction given by the appropriate authority under section 90 of the 1992 Act (power of appropriate authority to effect transfer of engagement). 2 In this paragraph— “ "appropriate authority” ” (“ " awdurdod priodol ”") has the meaning given by section 119 of the 1992 Act; “ "friendly society” ” (“ " cymdeithas gyfeillgar ”") has the meaning given by section 116 of the 1992 Act; ““registered””(““ cofrestredig ””) in relation to a society, has the meaning given by section 111 of the 1974 Act. Co-operative and community benefit society and credit union relief 12 1 A land transaction is relieved from tax if it is effected by or in consequence of— a a transfer by a registered society of its engagements to another registered society in accordance with section 110 of the Co-operative and Community Benefit Societies Act 2014 (c. 14) (the “ "2014 Act” ”) (transfer of engagements between societies), b a conversion of a registered society into a company in accordance with section 112 of the 2014 Act (conversion of society into a company, amalgamation with a company etc.), c an amalgamation of a registered society with a company in accordance with that section, or d a transfer by a registered society of the whole of its engagements to a company in accordance with that section. 2 In sub-paragraph (1), “ "registered society” ” means a registered society within the meaning given by section 1(1) of the 2014 Act, but in paragraphs (b) to (d) of that sub-paragraph it does not include a society registered as a credit union under that Act by virtue of section 1 of the Credit Unions Act 1979 (c. 34) (the “ "1979 Act” ”). 3 In so far as it applies to a credit union, sub-paragraph (1)(a) has effect as if the reference to section 110 of the 2014 Act were a reference to that section as it has effect subject to section 21 of the 1979 Act (additional provisions relating to amalgamations and transfers of engagements). SCHEDULE 23 AMENDMENTS TO THE TAX COLLECTION AND MANAGEMENT (WALES) ACT 2016 (as introduced by section 76) 1 TCMA is amended as follows. 2 In section 1 (overview of Act), after paragraph (b) insert— ba Part 3A makes provision about counteracting avoidance arrangements in relation to devolved taxes; . 3 In the Welsh text, in section 37 (overview of Part), in paragraph (f), for ““ymwared”” substitute “ ryddhad ” . 4 In Chapter 2 of Part 3, in the chapter heading omit ““TAXPAYER””. 5 In section 38 (duty to keep and preserve records)— a in subsection (1)— i in paragraph (a), for the words from ““make”” to the end substitute “ demonstrate that the tax return is correct and complete, ” ; ii for paragraph (b) substitute— b preserve any records that may be needed for that purpose. ; b in subsection (2)— i for ““day””, in both places where it occurs, substitute “ date ” ; ii in paragraph (b), for the words from ““WRA”” to the end substitute “ the enquiry period ends (see section 43(1A)). ” ; c for subsection (3) substitute— 3 The ““relevant date”” is the sixth anniversary of whichever is the later of— a the filing date, and b if the return has been made and subsequently amended under section 41, the date on which notice of amendment is given under that section. 3A But if WRA specifies an earlier date under this subsection, the “ "relevant date” ” means the date specified. ; d in subsection (4)— i for ““days”” substitute “ dates ” ; ii for ““(3)(b)”” substitute “ (3A) ” ; e for subsection (5) substitute— 5 In this Chapter, “ "records” ” includes supporting documents (for example, accounts, books, deeds, contracts, vouchers and receipts). ; f omit subsections (6) to (8); g the section heading becomes “ Duty to keep and preserve records: cases where a tax return is required ” . 6 After section 38 insert— Duty to keep and preserve records: land transactions in respect of which no tax return is required. 38A 1 This section applies in relation to a land transaction, other than a transaction of a type listed in section 65(4) of LTTA, in respect of which no tax return is required to be made. 2 The buyer in a land transaction in relation to which this section applies must— a keep any records that may be needed to enable the buyer to demonstrate that no tax return is required to be made, and b preserve any records that may be needed for that purpose. 3 The records must be preserved until the end of the relevant date. 4 The ““relevant date”” is the sixth anniversary of the effective date of the transaction. 5 But if WRA specifies an earlier date under this subsection, the ““relevant date”” is the date specified. 6 Different dates may be specified for different purposes under subsection (5). 7 In subsection (4), “ "effective date” ” has the same meaning as in LTTA. 7 In section 39 (preservation of information etc.), after ““38”” insert “ or 38A ” . 8 After section 39 insert— Power to make regulations about records 39A The Welsh Ministers may by regulations provide that the records required to be kept and preserved under this Chapter do, or do not, include records of a description prescribed by the regulations. 9 In section 40 (meaning of filing date), for ““this Act”” substitute “ the Welsh Tax Acts ” . 10 In section 41 (amendment of tax return by taxpayer), for subsection (3) substitute— 3 The relevant date is the filing date. 3A But if the Welsh Ministers prescribe another date in regulations under this subsection, the relevant date is that date. 11 In section 42 (correction of tax return by WRA)— a after subsection (4) insert— 4A If, as a result of a correction made under this section, an amount, or an additional amount, of devolved tax is payable, the person who made the tax return must pay the amount, or additional amount, before the end of the period of 30 days beginning with the day on which notice of the correction is issued. ; b in subsection (5)(a), after ““return”” insert “ under section 41 ” . 12 In section 43 (notice of enquiry)— a in subsection (1), for the words from ““period”” to the end substitute “ enquiry period (but see subsection (1B)). ” ; b after subsection (1) insert— 1A The enquiry period for a tax return is the period of 12 months beginning with the relevant date. 1B But WRA may enquire into a tax return after the expiry of the enquiry period if— a the tax return is made in respect of a land transaction, b after the tax return is made, a further return is made in respect of the same land transaction, c WRA has issued a notice of enquiry into the further return, and d WRA believes it is necessary to enquire into the tax return mentioned in paragraph (a). ; c in subsection (2), at the beginning insert “ For the purposes of subsection (1A), ” ; d in subsection (3), for the words ““in consequence of an amendment of the tax return under section 41”” substitute— a as a result of an amendment of the tax return under section 41, or b by virtue of subsection (1B) ; e after subsection (3) insert— 4 In subsection (1B), “ "further return” ” means a further return made under LTTA. 13 In section 45 (amendment of tax return during enquiry to prevent loss of tax)— a in subsection (1)(a), for ““payable”” substitute “ chargeable ” ; b in subsection (5), for ““section 46”” substitute “ sections 45A and 46 ” . 14 After section 45 insert— Amendment of tax return by taxpayer when enquiry is in progress 45A 1 This section applies if a person who has made a tax return amends it during the period when an enquiry into the return is in progress. 2 For the purposes of section 44 (scope of enquiry), the amendment is to be treated as something contained in the tax return. 3 The amendment takes effect on the day on which the enquiry is completed unless WRA states in the closure notice issued under section 50 that— a the amendment has been taken into account in formulating the amendments required to give effect to WRA's conclusions, or b WRA's conclusion is that the amendment is incorrect. 15 In section 50 (completion of enquiry), in subsection (4), for ““chargeable”” substitute “ payable ” . 16 In section 52 (determination of tax chargeable if no tax return made), in subsection (5), for ““as a result of ”” substitute “ in accordance with ” . 17 In the Welsh text, in section 54 (assessment where loss of tax), in paragraph (c), for ““ymwared”” substitute “ rhyddhad ” . 18 In section 58 (conditions for making WRA assessments)— a in subsection (1)(a)— i for ““two”” substitute “ three ” ; ii for ““(2) and (3)”” substitute “ (2), (3) and (3A) ” ; b for subsection (3) substitute— 3 The second case is where— a a tax return has been made, b WRA has ceased to be entitled to issue a notice of enquiry into the return, or has completed its enquiries into it, and c at the time when WRA ceased to be so entitled or completed those enquiries, it could not reasonably have been expected to be aware of the situation mentioned in section 54 or 55 on the basis of information made available to WRA before that time. ; c after subsection (3) insert— 3A The third case is where WRA makes an adjustment under the general anti-avoidance rule (see Part 3A, in particular section 81E). ; d in subsection (4)— i after ““made””, where it first occurs, insert “ in the first or second case ” ; ii in paragraph (a), for ““the tax return”” substitute “ a tax return ” . 19 In section 59 (time limits for WRA assessments), in subsection (7), in the definition of ““relevant date””— a before paragraph (a), insert— za if a tax return has not been made, the date by which WRA believes a tax return was required to be made, ; b in paragraph (a), for ““the tax return””, in the first place where it occurs, substitute “ a tax return ” . 20 In section 61 (assessment procedure), omit subsection (3). 21 In the Welsh text, in the heading to Chapter 7 of Part 3 (relief in case of excessive assessment or overpaid tax) for ““YMWARED”” substitute “ RHYDDHAD ” . 22 In the Welsh text, in section 62 (claims for relief in case of double assessment)— a for ““ymwared”” substitute “ ryddhad ” ; b in the section heading, for ““ymwared”” substitute “ rhyddhad ” . 23 In section 63 (claims for relief for overpaid tax etc.)— a in subsection (1)(b), before ““determination”” insert “ WRA ” ; b in the Welsh text, in subsection (2), for ““ ei ryddhau ohono”” substitute “ ollwng y swm ” ; c in subsection (3)— i in the Welsh text, for ““ymwared”” substitute “ rhyddhad ” ; ii for ““this Act”” substitute “ the Welsh Tax Acts ” ; d in subsection (4), for ““64”” substitute “ 63A ” ; e in the Welsh text, in the section heading, for ““ymwared”” substitute “ rhyddhad ” . 24 After section 63 insert— Claim for relief in respect of land transaction tax: regulations ceasing to have effect 63A 1 If— a by virtue of section 26(2) of LTTA the tax bands and tax rates specified in rejected regulations apply to a chargeable transaction, and b in consequence, the amount of land transaction tax chargeable in respect of the transaction is greater than the amount that would otherwise have been chargeable, the buyer in the transaction may make a claim to WRA for the discharge or repayment of the amount of land transaction tax that would not have been chargeable had the rejected regulations not been made. 2 Where WRA decides to give effect to a claim under subsection (1) it must also discharge or repay any penalty or interest related to the amount of tax discharged or repaid. 3 Any penalty or interest is related to an amount of tax for this purpose to the extent that it— a is attributable to the amount, and b would not have been incurred but for the application to the transaction in question of the tax bands and tax rates specified in the rejected regulations. 4 A claim under subsection (1) must be made before the end of the period of 12 months beginning with the later of— a the date on which the rejected regulations cease to have effect, or b the filing date for a tax return containing an assessment of tax chargeable calculated using the tax bands and tax rates specified in the rejected regulations. 5 A claim under subsection (1) is to be treated as if it were an amendment made under section 41 to the assessment of tax chargeable contained in a tax return. 6 In this section— “ "chargeable transaction” ” (“ " trafodiad trethadwy ”") has the meaning given by section 17 of LTTA; “ "rejected regulations” ” (“ " rheoliadau a wrthodir ”") has the meaning given by section 26(1)(a) of that Act. 25 1 In section 64 (disallowing claims for relief due to unjustified enrichment)— a after ““63”” insert “ or 63A ” ; b in the Welsh text— i for ““ymwared”” substitute “ ryddhad ” ; ii for “ryddhau'r” substitute “ ollwng y ” . 2 The section heading becomes “ Disallowing claims for relief due to unjustified enrichment ” . 26 In the Welsh text, in section 65 (unjustified enrichment: further provision)— a in subsection (1)(a), for “y byddai person o'r fath i'w ryddhau ohono” substitute “i'w ollwng”; b in subsection (2)(a), for ““ei ryddhau ohono”” substitute “ ollwng y swm ” . 27 In section 66 (unjustified enrichment: reimbursement arrangements)— a in subsection (2), after ““63”” insert “ or 63A ” ; b in the Welsh text, in subsection (2)(a), for ““ryddhau”” substitute “ ollwng ” . 28 In section 67 (cases in which WRA need not give effect to a claim)— a in the Welsh text, in subsection (1), for ““ymwared”” substitute “ ryddhad ” ; b in subsection (2)(a), after ““claim”” insert “ or election ” ; c in subsection (2)(b), after ““claim”” insert “ or election ” ; d after subsection (2) insert— 2A In subsection (2), “ "election” ” means an election made under paragraph 3, 5 or 12 of Schedule 15 to LTTA (social housing reliefs). ; e in the Welsh text, in subsection (3), for ““ymwared”” substitute “ rhyddhad ” ; f in the Welsh text, in subsection (4), for ““ymwared”” substitute “ rhyddhad ” (in both places where it appears). 29 In section 68 (making claims)— a in subsection (1), for ““or 63”” substitute “ , 63 or 63A ” ; b in the Welsh text, in subsection (3)(a) for ““ryddhau”” substitute “ ollwng ” . 30 In section 69 (duty to keep and preserve records), in subsection (1), for ““or 63”” substitute “ , 63 or 63A ” . 31 In section 71 (amendment of claim by claimant), in subsection (1), for ““or 63”” substitute “ , 63 or 63A ” . 32 In the Welsh text, in section 73 (giving effect to claims and amendments), in subsection (1)(b) for “ryddhau'r hawlydd o dreth ddatganoledig neu ei had-dalu iddo” substitute “ollwng y swm o dreth ddatganoledig neu ei ad-dalu i'r hawlydd”. 33 In the Welsh text, in section 77 (giving effect to amendments under section 75), in subsection (1)(b) for “ryddhau'r hawlydd ohoni” substitute “ ei gollwng ” . 34 In section 81 (contract settlements)— a after subsection (1) insert— 1A In section 63A(1), the reference to repayment of an amount of land transaction tax includes repayment of an amount paid by a person under a contract settlement in connection with that amount of land transaction tax. ; b in subsection (4), after ““63”” insert “ or 63A ” . 35 In section 90 (requiring information and documents in relation to a group of undertakings)— a in subsection (1) for ““another undertaking (a ””subsidiary undertaking”)” substitute “ a subsidiary undertaking ” ; b in subsection (4) for the words from ““section 1162”” to the end substitute “ sections 1161 and 1162 of, and Schedule 7 to, the Companies Act 2006 (c. 46), but in the application of this section in relation to land transaction tax, section 1161(1)(b) of that 2006 Act has effect as if the words ““carrying on a trade or business, with or without a view to profit”” were omitted. ” 36 In section 95 (complying with an information notice), in subsection (1)(a) after ““notice”” insert “ (or such longer period as may be agreed to by WRA and the person) ” . 37 In the Welsh text, in section 100 (taxpayer notices following a tax return), in subsection (5)(c), for ““ymwared”” substitute “ rhyddhad ” . 38 In section 116(1) (no review or appeal of tribunal approvals), for ““the Tribunals, Courts and Enforcement Act 2007 (c. 15)”” substitute “ TCEA ” . 39 In section 118 (penalty for failure to make tax return on or before filing date), after ““A person”” insert “ who is required to make a tax return ” . 40 In section 119 (penalty for failure to make tax return within 6 months from filing date), in subsection (1), after ““A person”” insert “ who is required to make a tax return ” . 41 In section 120 (penalty for failure to make tax return within 12 months from filing date)— a in subsection (1), after ““A person”” insert “ who is required to make a tax return ” , and b in subsection (2), for the words from ““the greater of”” to the end substitute — a £300, or b a greater amount, not exceeding 95% of the amount of devolved tax to which the person would have been liable if the tax return had been made. 42 For section 122 substitute— Penalty for failure to pay tax on time 122 1 A person is liable to a penalty if the person has failed to pay an amount of devolved tax on or before the penalty date in respect of that amount. 2 The penalty is 5% of the amount of unpaid tax. 3 In this section and in section 122A, the penalty date in respect of an amount of devolved tax specified in column 3 of Table A1 is the date specified in column 4. TABLE A1 Item Devolved Tax Amount of Tax Penalty date 1 Land transaction tax Amount (or additional amount) payable as a result of a tax return made by the buyer in a land transaction (unless the amount falls within item 8 or 9). The date falling 30 days after the filing date for the return. 2 Landfill disposals tax Amount stated in a tax return. The date falling 30 days after the filing date for the return. 3 Any devolved tax Amount payable as a result of a WRA determination made in place of a tax return. The date falling 30 days after the date by which WRA believes the tax return was required to be made. 4 Any devolved tax Amount payable as a result of a WRA assessment made in place of a tax return (unless the amount falls within item 7). The date falling 30 days after the date by which WRA believes the tax return was required to be made. 5 Any devolved tax Amount (or additional amount) payable as a result of a WRA assessment made where a tax return has been made. The date falling 30 days after the date by which the amount (or additional amount) is required to be paid. 6 Any devolved tax Amount (or additional amount) payable as a result of an amendment or a correction to a tax return. The date falling 30 days after the date by which the amount (or additional amount) is required to be paid. 7 Any devolved tax Amount (or additional amount) payable as a result of a WRA assessment made for the purposes of making an adjustment to counteract a tax advantage (see Part 3A) in a case where a tax return which WRA has reason to believe was required to be made has not in fact been made. The date falling 30 days after the date by which the amount (or additional amount) is required to be paid. 8 Land transaction tax Where a deferral request is made under section 58 of LTTA, a deferred amount required to be paid by virtue of section 61(1)of that Act. The date falling 30 days after the date by which the deferred amount is required to be paid. 9 Land transaction tax Where a deferral request is made under section 58 of LTTA, a refused amount within the meaning of section 61(2)(a) of that Act. The date falling 30 days after the date by which the refused amount is required to be paid. 10 Landfill disposals tax Amount charged by a charging notice issued under section 48 or 49 of LDTA. The date falling 30 days after the date by which the amount is required to be paid. 11 Any devolved tax A postponed amount within the meaning of section 181G(2). The date falling 30 days after the date on which the postponement period ends (see section 181G as to the calculation of postponement periods). 4 In this section, “ "deferred amount” ” has the same meaning as in section 58(6)(a) of LTTA. 5 The Welsh Ministers may by regulations modify Table A1. Further penalties for continuing failure to pay devolved tax 122A 1 This section applies where a person is liable to a penalty under section 122 in respect of a failure to pay an amount of devolved tax on or before the penalty date for that amount. 2 If any of the amount remains unpaid after the end of the period of 6 months beginning with the day falling 30 days before the penalty date, the person is liable to a further penalty. 3 The further penalty is 5% of the amount that remains unpaid. 4 If any of the amount remains unpaid after the end of the period of 12 months beginning with the day falling 30 days before the penalty date, the person is liable to a second further penalty. 5 The second further penalty is 5% of the amount that remains unpaid. 43 Omit sections 123 and 124. 44 In section 125 (special reduction in penalty), after subsection (2) insert— 2A But “ "special circumstances” ” may include the fact that WRA has agreed that a person may pay an amount of devolved tax in instalments over an agreed period. 45 In section 126 (reasonable excuse for failure to make tax return or pay tax), in subsection (2), after ““section 122”” insert “ or 122A ” . 46 In section 127 (assessment of penalties)— a in subsection (5), after “section ““122”” insert “ or 122A ” , and b in subsection (6), after ““section 122”” insert “ or 122A ” . 47 In section 128 (time limit for assessment of penalties under Chapter 2)— a in subsection (1), omit the words ““in respect of any amount””; b in subsection (4), for ““122(2)”” substitute “ 122(3) ” ; c in subsection (5), omit the words ““the later of the following periods””. 48 In section 130 (amount of penalty for inaccuracy in document given to WRA)— a in subsection (1), after ““for a deliberate inaccuracy is”” insert “ an amount not exceeding ” , and b in subsection (2), after ““for a careless inaccuracy is”” insert “ an amount not exceeding ” . 49 In section 132 (penalty for deliberate inaccuracy in document given to WRA by another person), in subsection (4), after ““under this section is”” insert “ an amount not exceeding ” . 50 In section 133 (penalty for failure to notify under-assessment or under-determination), in subsection (3), after ““under this section is”” insert “ an amount not exceeding ” . 51 In section 141 (assessment of penalties under Chapter 3), in subsection (5), omit the words ““the later of the following periods””. 52 In the Welsh text, in section 142 (interpretation of Chapter 3), in paragraph (c), for ““ymwared”” substitute “ ryddhad ” (in both places it appears). 53 In section 143 (penalty for failure to keep and preserve records), in subsection (1), after ““38”” insert “ , 38A ” . 54 In section 144 (reasonable excuse for failure to keep and preserve records), in subsection (1), after ““38”” insert “ , 38A ” . 55 In section 145 (assessment of penalties under section 143), in subsection (2), after ““38”” insert “ , 38A ” . 56 After section 154 (payment of penalties) insert— Liability of personal representatives 154A 1 If a person liable to a penalty (““P””) has died, any penalty that could have been assessed on P may be assessed on the personal representatives of P. 2 Any penalty assessed accordingly is to be paid out of P's estate. 57 Omit the italic cross-heading immediately preceding section 157. 58 For sections 157 and 158 substitute— Late payment interest on devolved taxes 157 1 This section applies to an amount of devolved tax— a stated in a tax return as— i the tax chargeable, or ii if the tax return is a further return made by the buyer in a land transaction, the land transaction tax (or additional land transaction tax) payable; b payable— i as a result of an amendment to a tax return under section 41, 45 or 50; ii as a result of a correction to a tax return under section 42; iii in accordance with an assessment made in addition to a tax return under section 54 or 55, or c payable in accordance with— i a determination under section 52, or ii an assessment under section 54 or 55, made in place of a tax return which was required to be made. 2 If the amount is not paid before the late payment interest start date, the amount carries interest (referred to in this Part as “ "late payment interest” ”) at the late payment interest rate for the period— a beginning with the late payment interest start date, and b ending with the date of payment. 3 The late payment interest start date is — a in the case of an amount falling within subsection (1)(a) or (b), the date after the filing date for the tax return; b in the case of an amount falling within subsection (1)(c) the date after the filing date for the tax return which was required to be made. 4 But where section 160 applies the late payment interest start date is the date specified in that section. Late payment interest on penalties 157A 1 This section applies to an amount of penalty required to be paid under Part 5 of this Act. 2 If the amount is not paid on or before the date by which it is required to be paid, the amount carries interest (referred to in this Part as “ "late payment interest” ”) at the late payment interest rate for the period— a beginning with the following day, and b ending with the date of payment. 3 But where section 160 applies, the late payment interest start date is the date specified in that section. Late payment interest: supplementary 158 1 This section applies for the purposes of sections 157 and 157A. 2 Late payment interest is not payable on late payment interest. 3 A late payment interest start date may be a non-business day within the meaning of section 92 of the Bills of Exchange Act 1882 (c. 61). 4 The date of payment, in relation to an amount, includes the date on which the amount is set off against an amount payable by WRA. 5 “ "Late payment interest rate” ” has the meaning given by section 163(1). 59 Omit section 159 (late payment interest start date: amendments to assessments etc.) and the italic cross-heading immediately preceding that section. 60 In section 169 (proceedings in magistrates' court), after subsection (5) insert— 5A Where a relevant amount includes an amount of land transaction tax in respect of which WRA has agreed to defer payment, any deferral period in respect of that amount (as determined under Chapter 3 of Part 6 of LTTA) must be ignored in calculating the period of 12 months referred to in subsection (4) or (5). 5B Where a relevant amount includes an amount treated as a postponed amount by virtue of section 181G, any postponement period in respect of that amount (as determined under that section) must be ignored in calculating the period of 12 months referred to in subsection (4) or (5). 61 In section 170(1) (enforcement by taking control of goods), for ““the Tribunals, Courts and Enforcement Act 2007 (c. 15)”” substitute “ TCEA ” . 62 In section 172(2) (list of appealable decisions), after paragraph (e) insert— f a decision to issue a notice under paragraph 14 of Schedule 16 to LTTA (recovery of group relief: notice requiring payment by another group company or controlling director); g a decision to issue a notice under paragraph 9 of Schedule 17 to that Act (recovery of reconstruction or acquisition relief: notice requiring payment by another group company or controlling director). 63 After section 181 insert— CHAPTER 3A PAYMENT AND RECOVERY OF DEVOLVED TAX SUBJECT TO REVIEW OR APPEAL Review or appeal not to affect requirement to pay 181A The fact that a person to whom an appealable decision applies has— a requested a review of the decision, or b appealed against it, does not affect any requirement on the person to pay an amount of devolved tax (and interest on that amount). Postponement requests 181B 1 This section applies where a person— a gives a notice of request to review an appealable decision, or b makes an appeal against such a decision. 2 If the person thinks that an excessive amount of devolved tax has been charged on the person in consequence of the decision, the person may make a request to WRA to postpone the recovery of the amount of devolved tax that the person thinks is excessive (and interest on that amount) (a ““postponement request””). 3 A postponement request must specify— a the amount of devolved tax in respect of which the request is made, and b the reasons why the person making the request thinks the amount is excessive. 4 If WRA thinks that the person making the postponement request has reasonable grounds for thinking that the amount of devolved tax to which the request relates is excessive, WRA may grant the postponement request. 5 If WRA thinks that it is only in respect of part of the amount that the person has reasonable grounds for thinking the amount is excessive it may grant the request in respect of that part only. 6 WRA may make the grant of the postponement request (in whole or in part) conditional on the provision of adequate security. 7 WRA must issue a notice of its decision to the person who made the postponement request. Time limit for making a postponement request 181C 1 A postponement request connected to a review must be made by giving notice of the request to WRA before the end of the period specified in section 174 for requesting the review. 2 But if a late request for a review is made under section 175, the postponement request must be made at the same time as the late request. 3 A postponement request connected to an appeal must be made by giving notice to WRA before the end of the period specified in section 179 for making the appeal. 4 But if the tribunal gives permission under section 180 for a late appeal to be made, the postponement request must be made at the same time as permission is sought for the late appeal. 5 Subsections (1) and (3) are subject to section 181D. Late postponement request 181D 1 Where a person— a requests a review before the end of the period specified in section 174, and b makes a postponement request connected to the review after the end of that period, WRA may consider the postponement request only if it is satisfied that the conditions in subsection (3) are met. 2 Where a person— a makes an appeal before the end of the period specified in section 179, and b makes a postponement request connected to the appeal after the end of that period, WRA may consider the postponement request only if it is satisfied that the conditions in subsection (3) are met. 3 The conditions are that the person making the postponement request — a had a reasonable excuse for not making the request during the period specified in section 174 or 179, as the case may be, and b subsequently made the request without unreasonable delay. Application for tribunal review of decision on a postponement request 181E 1 A person who makes a postponement request may, within the period of 30 days beginning with the date WRA issues the notice of its decision on the request, apply to the tribunal for a review of WRA's decision. 2 The tribunal may determine that WRA's decision is to be— a affirmed, b cancelled, or c replaced by another decision that WRA could have made. Variation after postponement request granted 181F 1 This section applies where— a a postponement request has been granted by WRA or the tribunal, b there is a subsequent change in circumstances, and c in consequence of that change, either WRA or the person who made the request thinks— i that the amount of devolved tax in respect of which the request was granted should be varied; ii where the grant of the request is conditional on the provision of adequate security, that the condition should be varied. 2 Either party may seek the agreement of the other by issuing a notice to the other party specifying the proposed variation. 3 If an agreement is reached, WRA must issue a notice to the person confirming the variation. 4 The variation has effect from the date WRA issues the notice under subsection (3). 5 If no agreement is reached within the period of 21 days beginning with the date the notice is issued under subsection (2), either party may apply to the tribunal for a determination. 6 The tribunal may determine such an application by— a confirming the proposed variation, b refusing the proposed variation, or c making such other variation as the tribunal thinks appropriate. Effect of postponement 181G 1 WRA must not take any action to recover a postponed amount during the postponement period. 2 A postponed amount means— a an amount of devolved tax specified in a postponement request (unless the request is a late request made in accordance with section 181C(2) or (4) or section 181D), or b an amount of devolved tax in respect of which a postponement request is granted by WRA or the tribunal. 3 In the case of a postponed amount falling within subsection (2)(a), the postponement period for the amount— a begins with the day on which the postponement request is made, and b ends— i if the request is granted, with the day on which it is granted, ii if the request is not granted and no application is made to the tribunal for a review of that decision, with the first day after the end of the period for making such an application, or iii if the request is not granted and an application is made to the tribunal for a review of that decision, with the day on which the tribunal makes its determination. 4 In the case of a postponed amount falling within subsection (2)(b) the postponement period for the amount— a begins with the date on which the postponement request is granted by WRA or the tribunal, and b ends— i if the postponement request was made in connection with a review of an appealable decision, with the day on which WRA issues a notice of the conclusions of the review, or ii if the postponement request was made in connection with an appeal against an appealable decision, with the day on which the tribunal determines the appeal. 5 Where a postponed amount falling within subsection (2)(b) is varied under section 181F, the varied amount is to be treated as the postponed amount from the date of the variation. 6 In this section, references to a postponement request being granted include cases where the request is granted in part. Postponement requests relating to further appeals 181H 1 Where a person makes (in accordance with TCEA) a further appeal against the tribunal's determination of an appeal against an appealable decision, sections 181B, 181C, 181E, 181F and 181G apply to the further appeal as they apply to an appeal, but as if the following modifications were made. 2 Section 181B has effect as if for subsections (3), (4) and (5), there were substituted— 3 A postponement request must specify— a the amount of devolved tax in respect of which the request is made, b the reasons why the person making the request thinks the amount is excessive, and c the reasons why the person thinks that recovery of the amount (and interest on the amount) would cause the person serious financial hardship. 4 If WRA— a thinks that the person making the postponement request has reasonable grounds for thinking that the amount of devolved tax to which the request relates is excessive, and b has reason to believe that recovery of the amount (and interest on the amount) would cause the person serious financial hardship, WRA may grant the request. 5 But if WRA— a thinks that it is only in respect of part of the amount that the person has reasonable grounds for thinking that the amount is excessive, or b has reason to believe that it is only in respect of part of the amount (and interest on that part) that recovery would cause the person serious financial hardship, WRA may grant the request in respect of such part of the amount as it thinks appropriate. 3 Section 181C has effect as if— a in subsection (3), for ““before the end of the period specified in section 179 for making the appeal”” there were substituted “ on or before the day on which the further appeal is made ” , and b subsection (4) were omitted. 4 Section 181F has effect as if, in subsection (1), for paragraph (a) there were substituted— a a postponement request has been granted by— i the Upper Tribunal where the request relates to a further appeal made under section 11 of TCEA, or ii the relevant appellate court specified under subsection (11) of section 13 of TCEA where the request relates to a further appeal made under that section, 5 Section 181G has effect as if— a in subsection (2)(a) the words ““(unless the request is a late request made in accordance with section 181C(2) or (4) or section 181D)”” were omitted, and b for subsection (4)(b) there were substituted— b ends on the day on which the further appeal is determined. . 6 The references in sections 181E(1) and (2), 181F(5) and (6) and 181G(2), (3) and (4) to ““the tribunal”” are to be read as references to— a the Upper Tribunal in a case where the further appeal is made under section 11 of TCEA, or b the relevant appellate court specified under subsection (11) of section 13 of TCEA in a case where the further appeal is made under that section. No further appeal or review of tribunal decisions relating to postponement requests 181I 1 In section 11(5) of TCEA (decisions excluded from right of appeal to Upper Tribunal ), after paragraph (cb) (as inserted by section 116(1) of this Act) insert— cc any decision of the First-tier Tribunal under section 181E or 181F of that Act (appeals relating to postponement requests), . 2 In section 13(8) of TCEA (decisions excluded from right of appeal to Court of Appeal etc.), after paragraph (bb) (as inserted by section 116(2) of this Act) insert— bc any decision of the Upper Tribunal under section 181E or 181F of that Act (appeals relating to postponement requests), . 64 In section 182 (payment of penalties in the event of a review or appeal), in subsection (3) after ““176(5)”” insert “ , (6) ” . 65 After section 183 insert— Suspension of repayment pending further appeal 183A 1 This section applies where— a on an appeal against an appealable decision, the tribunal determines that an amount of devolved tax paid by a person is to be repaid by WRA, and b WRA applies under section 11(4) or 13(4) of TCEA for permission to make a further appeal. 2 When applying for permission WRA may request the tribunal's permission to postpone repayment of the amount until— a the further appeal is determined, or b WRA obtains adequate security for the amount. 3 The relevant tribunal or court must grant WRA's request if it— a gives permission for the further appeal to proceed, and b thinks that granting the request is necessary to protect the revenue. 4 If permission to make a further appeal is not given— a by the First-tier Tribunal on an application under section 11(4)(a) of TCEA, or b by the Upper Tribunal on an application under section 13(4)(a) of that Act, the fact that WRA made a request under subsection (2) when making the application for permission does not prevent WRA from making another request under that subsection if WRA applies for permission to make a further appeal under section 11(4)(b) or 13(4)(b) of TCEA. 5 But otherwise, the decision of the relevant tribunal or court on a request under subsection (2) is final. 6 In this section— “ "relevant tribunal or court” ” (“ " tribiwnlys neu lys berthnasol ”") means whichever of the following WRA applies to for permission to make a further appeal— the First-tier Tribunal; the Upper Tribunal; the relevant appellate court; “ "relevant appellate court” ” (“ " llys apeliadol perthnasol ”") means the court specified as such under section 13(11) of TCEA. 66 Before section 188 (power to make consequential provision etc.) insert— Crown application for the purposes of Land Transaction Tax 187A 1 In so far as the following provisions of this Act apply to land transaction tax, they bind the Crown— a Part 3; b Part 4 (other than Chapter 6); c Part 6 (other than sections 157A, 160 and 161(2)(b)); d Part 7 (other than sections 168, 169 and 170); e Part 8 (other than sections 172(1)(d) and (e), (3)(b) and (c), (4), (5) and (6), 182 and 183); f sections 190 and 191. 2 But Part 4 does not apply to Her Majesty in Her private capacity (within the meaning of section 38(3) of the Crown Proceedings Act 1947 (c. 44)). 67 In section 189 (regulations), in subsection (2), after ““18(2)”” insert “ 122(5), ” . 68 In section 190 (issue of notices by WRA)— a in subsection (1), for ““this Act, or of regulations made under it,”” substitute “ the Welsh Tax Acts, or of regulations made under them, ” ; b after subsection (1) insert— 1A A notice must specify the day on which it is issued. 1B If the person to whom the notice is issued cannot reasonably ascertain the effect of the notice because of a mistake in it or omission from it (including a mistake or omission relating to the person's name), the notice is to be treated as not having been issued. 69 In section 191 (giving notices and other documents to WRA)— a in subsection (1)— i for ““this Act, or of regulations made under it”” substitute “ the Welsh Tax Acts, or of regulations made under them, ” ; ii after ““person”” insert “ to make a tax return or ” ; b for subsection (2) substitute— 2 The tax return, notice or other document must— a be in such form, b contain such information, c be accompanied by such other documents, and d be given in such manner, as may be specified by WRA. ; c in subsection (3), for ““this Act”” substitute “ the Welsh Tax Acts ” . 70 In section 192(2) (interpretation), in the appropriate places, insert— “ "buyer” ” (“ " prynwr ”") has the same meaning as in LTTA; “ "land transaction” ” (“ " trafodiad tir ”") has the same meaning as in LTTA; “ "LTTA” ” (“ " DTTT ”") means the Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (anaw 0); “ "TCEA” ” (“ " DTLlG ”") means the Tribunals, Courts and Enforcement Act 2007 (c. 15); “ "the Welsh Tax Acts” ” (“ " Deddfau Trethi Cymru ”") means— a this Act, and b LTTA. 71 In section 193 (index of defined expressions), in Table 1, at the appropriate places insert the defined expressions in the following table. Arrangement (in relation to the general antiavoidance rule) (““ trefniant ””) section 81B(3)A Artificial (in relation to the general antiavoidance rule) (““ artiffisial ””) section 81C Buyer (““ prynwr ””) section 192(2) Final counteraction notice (““ hysbysiad gwrthweithio terfynol ””) section 81G General anti-avoidance rule (““ rheol gwrthweithio osgoi trethi cyffredinol ””) section 81A(2) Land transaction (““ trafodiad tir ””) section 192(2) LTTA (” DTTT ”) section 192(2) Proposed counteraction notice (““ hysbysiad gwrthweithio arfaethedig ””) section 81F Tax advantage (““ mantais drethiannol ””) section 81D Tax avoidance arrangement (““ trefniant osgoi trethi ””) section 81B TCEA (““ DTLlG ””) section 192(2) Welsh Tax Acts (““ Deddfau Trethi Cymru ””) section 192(2) Sch. 23 para. 8 in force at 18.10.2017 by S.I. 2017/953 , art. 2(j) S. 9(6) in force at 18.10.2017 by S.I. 2017/953 , art. 2(a) S. 24(1) (11) in force at 18.10.2017 for specified purposes by S.I. 2017/953 , art. 2(b) S. 25 in force at 18.10.2017 by S.I. 2017/953 , art. 2(c) S. 30(1) in force at 18.10.2017 for specified purposes by S.I. 2017/953 , art. 2(d) S. 32(2) in force at 18.10.2017 for specified purposes by S.I. 2017/953 , art. 2(f) S. 65(5)(6)(7)(b) in force at 18.10.2017 by S.I. 2017/953 , art. 2(h) S. 76 in force at 18.10.2017 for specified purposes by S.I. 2017/953 , art. 2(i) Sch. 6 para. 28 in force at 18.10.2017 by S.I. 2017/953 , art. 2(g)(i) Sch. 6 para. 36(1)(b) in force at 18.10.2017 for specified purposes by S.I. 2017/953 , art. 2(g)(ii) Sch. 11 para. 2 in force at 18.10.2017 by S.I. 2017/953 , art. 2(e)(i) Sch. 11 para. 9(1) in force at 18.10.2017 for specified purposes by S.I. 2017/953 , art. 2(e)(ii) Sch. 11 para. 16 in force at 18.10.2017 for specified purposes by S.I. 2017/953 , art. 2(e)(iii) Sch. 11 para. 18(4)(a)(5) in force at 18.10.2017 for specified purposes by S.I. 2017/953 , art. 2(e)(iv) S. 76 in force at 25.1.2018 for specified purposes by S.I. 2018/34 , art. 2(a) Sch. 23 para. 35 in force at 25.1.2018 by S.I. 2018/34 , art. 2(b)(i) Sch. 23 para. 36 in force at 25.1.2018 by S.I. 2018/34 , art. 2(b)(i) Sch. 23 para. 37 in force at 25.1.2018 by S.I. 2018/34 , art. 2(b)(i) Sch. 23 para. 38 in force at 25.1.2018 by S.I. 2018/34 , art. 2(b)(i) Sch. 23 para. 56 in force at 25.1.2018 by S.I. 2018/34 , art. 2(b)(ii) Sch. 23 para. 57 in force at 25.1.2018 by S.I. 2018/34 , art. 2(b)(ii) Sch. 23 para. 58 in force at 25.1.2018 by S.I. 2018/34 , art. 2(b)(ii) Sch. 23 para. 59 in force at 25.1.2018 by S.I. 2018/34 , art. 2(b)(ii) Sch. 23 para. 61 in force at 25.1.2018 by S.I. 2018/34 , art. 2(b)(iii) Sch. 23 para. 64 in force at 25.1.2018 by S.I. 2018/34 , art. 2(b)(iv) Sch. 23 para. 68 in force at 25.1.2018 by S.I. 2018/34 , art. 2(b)(v) Sch. 23 para. 69 in force at 25.1.2018 by S.I. 2018/34 , art. 2(b)(v) Sch. 23 para. 70 in force at 25.1.2018 by S.I. 2018/34 , art. 2(b)(v) S. 10 applied (with modifications) (1.4.2018) by The Land Transaction Tax (Transitional Provisions) (Wales) Regulations 2018 (S.I. 2018/126) , regs. 1(2) , 3 S. 10 applied (with modifications) (1.4.2018) by The Land Transaction Tax (Transitional Provisions) (Wales) Regulations 2018 (S.I. 2018/126) , regs. 1(2) , 4 Sch. 5 applied (with modifications) (1.4.2018) by The Land Transaction Tax (Transitional Provisions) (Wales) Regulations 2018 (S.I. 2018/126) , regs. 1(2) , 12 Sch. 6 para. 7 applied in part (with modifications) (1.4.2018) by The Land Transaction Tax (Transitional Provisions) (Wales) Regulations 2018 (S.I. 2018/126) , regs. 1(2) , 9 Sch. 6 para. 8 applied in part (with modifications) by S.I. 2018/126, reg. 9A (as inserted (1.4.2018) by The Land Transaction Tax (Transitional Provisions) (Wales) (Amendment) Regulations 2018 (S.I. 2018/401) , regs. 1(2) , 2 ) Sch. 6 para. 22 applied in part (with modifications) (1.4.2018) by The Land Transaction Tax (Transitional Provisions) (Wales) Regulations 2018 (S.I. 2018/126) , regs. 1(2) , 10 Sch. 6 para. 25 modified (1.4.2018) by The Land Transaction Tax (Transitional Provisions) (Wales) Regulations 2018 (S.I. 2018/126) , regs. 1(2) , 11 Sch. 7 para. 18 modified (1.4.2018) by The Land Transaction Tax (Transitional Provisions) (Wales) Regulations 2018 (S.I. 2018/126) , regs. 1(2) , 7 Sch. 7 para. 19 modified (1.4.2018) by The Land Transaction Tax (Transitional Provisions) (Wales) Regulations 2018 (S.I. 2018/126) , regs. 1(2) , 8 Sch. 10 para. 2 restricted (1.4.2018) by The Land Transaction Tax (Transitional Provisions) (Wales) Regulations 2018 (S.I. 2018/126) , regs. 1(2) , 5 Sch. 11 para. 15 restricted (1.4.2018) by The Land Transaction Tax (Transitional Provisions) (Wales) Regulations 2018 (S.I. 2018/126) , regs. 1(2) , 6 S. 24(1) (11) in force at 1.4.2018 in so far as not already in force by S.I. 2018/34 , art. 3 S. 30(1) in force at 1.4.2018 in so far as not already in force by S.I. 2018/34 , art. 3 S. 32(2) in force at 1.4.2018 in so far as not already in force by S.I. 2018/34 , art. 3 Sch. 6 para. 36(1)(b) in force at 1.4.2018 in so far as not already in force by S.I. 2018/34 , art. 3 Sch. 11 para. 9(1) in force at 1.4.2018 in so far as not already in force by S.I. 2018/34 , art. 3 Sch. 11 para. 18(4)(a)(5) in force at 1.4.2018 in so far as not already in force by S.I. 2018/34 , art. 3 S. 32(1) in force at 1.4.2018 by S.I. 2018/34 , art. 3 S. 65(1)-(4)(7)(a) in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 6 para. 36(1)(a)(2) in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 11 para. 9(2) in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 11 para. 18(1)-(3)(4)(b)(6) in force at 1.4.2018 by S.I. 2018/34 , art. 3 S. 34 in force at 1.4.2018 by S.I. 2018/34 , art. 3 S. 48 in force at 1.4.2018 by S.I. 2018/34 , art. 3 S. 66 in force at 1.4.2018 by S.I. 2018/34 , art. 3 S. 76 in force at 1.4.2018 in so far as not already in force by S.I. 2018/34 , art. 3 S. 1 in force at 1.4.2018 by S.I. 2018/34 , art. 3 S. 2 in force at 1.4.2018 by S.I. 2018/34 , art. 3 S. 3 in force at 1.4.2018 by S.I. 2018/34 , art. 3 S. 4 in force at 1.4.2018 by S.I. 2018/34 , art. 3 S. 5 in force at 1.4.2018 by S.I. 2018/34 , art. 3 S. 6 in force at 1.4.2018 by S.I. 2018/34 , art. 3 S. 7 in force at 1.4.2018 by S.I. 2018/34 , art. 3 S. 8 in force at 1.4.2018 by S.I. 2018/34 , art. 3 S. 10 in force at 1.4.2018 by S.I. 2018/34 , art. 3 S. 11 in force at 1.4.2018 by S.I. 2018/34 , art. 3 S. 12 in force at 1.4.2018 by S.I. 2018/34 , art. 3 S. 13 in force at 1.4.2018 by S.I. 2018/34 , art. 3 S. 14 in force at 1.4.2018 by S.I. 2018/34 , art. 3 S. 15 in force at 1.4.2018 by S.I. 2018/34 , art. 3 S. 16 in force at 1.4.2018 by S.I. 2018/34 , art. 3 S. 17 in force at 1.4.2018 by S.I. 2018/34 , art. 3 S. 18 in force at 1.4.2018 by S.I. 2018/34 , art. 3 S. 19 in force at 1.4.2018 by S.I. 2018/34 , art. 3 S. 20 in force at 1.4.2018 by S.I. 2018/34 , art. 3 S. 21 in force at 1.4.2018 by S.I. 2018/34 , art. 3 S. 22 in force at 1.4.2018 by S.I. 2018/34 , art. 3 S. 23 in force at 1.4.2018 by S.I. 2018/34 , art. 3 S. 26 in force at 1.4.2018 by S.I. 2018/34 , art. 3 S. 27 in force at 1.4.2018 by S.I. 2018/34 , art. 3 S. 28 in force at 1.4.2018 by S.I. 2018/34 , art. 3 S. 29 in force at 1.4.2018 by S.I. 2018/34 , art. 3 S. 31 in force at 1.4.2018 by S.I. 2018/34 , art. 3 S. 33 in force at 1.4.2018 by S.I. 2018/34 , art. 3 S. 35 in force at 1.4.2018 by S.I. 2018/34 , art. 3 S. 36 in force at 1.4.2018 by S.I. 2018/34 , art. 3 S. 37 in force at 1.4.2018 by S.I. 2018/34 , art. 3 S. 38 in force at 1.4.2018 by S.I. 2018/34 , art. 3 S. 39 in force at 1.4.2018 by S.I. 2018/34 , art. 3 S. 40 in force at 1.4.2018 by S.I. 2018/34 , art. 3 S. 41 in force at 1.4.2018 by S.I. 2018/34 , art. 3 S. 42 in force at 1.4.2018 by S.I. 2018/34 , art. 3 S. 43 in force at 1.4.2018 by S.I. 2018/34 , art. 3 S. 44 in force at 1.4.2018 by S.I. 2018/34 , art. 3 S. 45 in force at 1.4.2018 by S.I. 2018/34 , art. 3 S. 46 in force at 1.4.2018 by S.I. 2018/34 , art. 3 S. 47 in force at 1.4.2018 by S.I. 2018/34 , art. 3 S. 49 in force at 1.4.2018 by S.I. 2018/34 , art. 3 S. 50 in force at 1.4.2018 by S.I. 2018/34 , art. 3 S. 51 in force at 1.4.2018 by S.I. 2018/34 , art. 3 S. 52 in force at 1.4.2018 by S.I. 2018/34 , art. 3 S. 53 in force at 1.4.2018 by S.I. 2018/34 , art. 3 S. 54 in force at 1.4.2018 by S.I. 2018/34 , art. 3 S. 55 in force at 1.4.2018 by S.I. 2018/34 , art. 3 S. 56 in force at 1.4.2018 by S.I. 2018/34 , art. 3 S. 57 in force at 1.4.2018 by S.I. 2018/34 , art. 3 S. 58 in force at 1.4.2018 by S.I. 2018/34 , art. 3 S. 59 in force at 1.4.2018 by S.I. 2018/34 , art. 3 S. 60 in force at 1.4.2018 by S.I. 2018/34 , art. 3 S. 61 in force at 1.4.2018 by S.I. 2018/34 , art. 3 S. 62 in force at 1.4.2018 by S.I. 2018/34 , art. 3 S. 63 in force at 1.4.2018 by S.I. 2018/34 , art. 3 S. 64 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 1 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 10 para. 6 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 16 para. 3 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 6 para. 14 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 7 para. 43 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 23 para. 2 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 23 para. 3 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 23 para. 4 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 23 para. 5 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 23 para. 6 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 23 para. 7 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 23 para. 9 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 23 para. 10 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 23 para. 11 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 23 para. 12 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 23 para. 13 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 23 para. 14 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 23 para. 15 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 23 para. 16 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 23 para. 17 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 23 para. 18 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 23 para. 19 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 23 para. 20 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 23 para. 21 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 23 para. 23 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 23 para. 24 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 23 para. 25 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 23 para. 26 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 23 para. 27 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 23 para. 28 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 23 para. 29 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 23 para. 30 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 23 para. 31 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 23 para. 32 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 23 para. 33 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 23 para. 34 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 23 para. 39 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 23 para. 40 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 23 para. 41 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 23 para. 42 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 23 para. 43 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 23 para. 44 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 23 para. 45 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 23 para. 46 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 23 para. 47 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 23 para. 48 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 23 para. 49 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 23 para. 50 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 23 para. 51 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 23 para. 52 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 23 para. 53 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 23 para. 54 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 23 para. 55 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 23 para. 60 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 23 para. 62 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 23 para. 63 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 23 para. 65 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 23 para. 66 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 23 para. 67 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 23 para. 71 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 11 para. 16 in force at 1.4.2018 in so far as not already in force by S.I. 2018/34 , art. 3 Sch. 2 para. 1 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 2 para. 2 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 2 para. 3 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 2 para. 4 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 2 para. 5 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 2 para. 6 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 2 para. 7 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 2 para. 8 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 2 para. 9 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 2 para. 10 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 2 para. 11 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 2 para. 12 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 2 para. 13 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 2 para. 14 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 2 para. 15 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 2 para. 16 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 2 para. 17 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 2 para. 18 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 2 para. 19 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 2 para. 20 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 2 para. 21 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 3 para. 1 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 3 para. 2 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 3 para. 3 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 3 para. 4 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 3 para. 5 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 3 para. 6 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 3 para. 7 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 4 para. 1 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 4 para. 2 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 4 para. 3 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 4 para. 4 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 4 para. 5 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 4 para. 6 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 4 para. 7 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 4 para. 8 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 4 para. 9 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 4 para. 10 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 4 para. 11 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 4 para. 12 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 4 para. 13 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 4 para. 14 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 4 para. 15 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 4 para. 16 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 4 para. 17 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 4 para. 18 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 5 para. 1 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 5 para. 2 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 5 para. 3 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 5 para. 4 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 5 para. 5 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 5 para. 6 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 5 para. 7 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 5 para. 8 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 5 para. 9 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 5 para. 10 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 5 para. 11 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 5 para. 12 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 5 para. 13 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 5 para. 14 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 5 para. 15 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 5 para. 16 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 5 para. 17 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 5 para. 18 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 5 para. 19 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 5 para. 20 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 5 para. 21 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 5 para. 22 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 5 para. 23 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 5 para. 24 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 5 para. 25 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 5 para. 26 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 5 para. 27 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 5 para. 28 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 5 para. 29 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 5 para. 30 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 5 para. 31 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 5 para. 32 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 5 para. 33 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 5 para. 34 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 5 para. 35 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 5 para. 36 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 5 para. 37 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 6 para. 1 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 6 para. 2 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 6 para. 3 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 6 para. 4 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 6 para. 5 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 6 para. 6 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 6 para. 7 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 6 para. 8 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 6 para. 9 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 6 para. 10 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 6 para. 11 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 6 para. 12 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 6 para. 13 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 6 para. 15 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 6 para. 16 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 6 para. 17 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 6 para. 18 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 6 para. 19 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 6 para. 20 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 6 para. 21 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 6 para. 22 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 6 para. 23 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 6 para. 24 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 6 para. 25 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 6 para. 26 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 6 para. 27 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 6 para. 29 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 6 para. 30 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 6 para. 31 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 6 para. 32 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 6 para. 33 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 6 para. 34 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 6 para. 35 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 6 para. 37 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 7 para. 1 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 7 para. 2 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 7 para. 3 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 7 para. 4 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 7 para. 5 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 7 para. 6 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 7 para. 7 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 7 para. 8 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 7 para. 9 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 7 para. 10 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 7 para. 11 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 7 para. 12 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 7 para. 13 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 7 para. 14 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 7 para. 15 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 7 para. 16 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 7 para. 17 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 7 para. 18 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 7 para. 19 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 7 para. 20 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 7 para. 21 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 7 para. 22 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 7 para. 23 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 7 para. 24 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 7 para. 25 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 7 para. 26 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 7 para. 27 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 7 para. 28 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 7 para. 29 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 7 para. 30 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 7 para. 31 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 7 para. 32 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 7 para. 33 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 7 para. 34 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 7 para. 35 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 7 para. 36 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 7 para. 37 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 7 para. 38 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 7 para. 39 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 7 para. 40 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 7 para. 41 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 7 para. 42 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 7 para. 44 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 7 para. 45 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 7 para. 46 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 7 para. 47 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 7 para. 48 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 7 para. 49 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 7 para. 50 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 7 para. 51 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 7 para. 52 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 8 para. 1 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 8 para. 2 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 8 para. 3 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 8 para. 4 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 8 para. 5 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 8 para. 6 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 8 para. 7 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 8 para. 8 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 8 para. 9 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 8 para. 10 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 8 para. 11 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 9 para. 1 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 9 para. 2 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 9 para. 3 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 10 para. 1 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 10 para. 2 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 10 para. 3 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 10 para. 4 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 10 para. 5 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 10 para. 7 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 10 para. 8 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 10 para. 9 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 11 para. 1 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 11 para. 3 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 11 para. 4 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 11 para. 5 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 11 para. 6 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 11 para. 7 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 11 para. 8 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 11 para. 10 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 11 para. 11 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 11 para. 12 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 11 para. 13 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 11 para. 14 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 11 para. 15 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 11 para. 17 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 11 para. 19 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 12 para. 1 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 12 para. 2 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 12 para. 3 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 12 para. 4 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 12 para. 5 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 13 para. 1 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 13 para. 2 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 13 para. 3 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 13 para. 4 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 13 para. 5 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 13 para. 6 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 13 para. 7 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 13 para. 8 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 14 para. 1 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 14 para. 2 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 14 para. 3 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 14 para. 4 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 14 para. 5 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 14 para. 6 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 14 para. 7 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 14 para. 8 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 14 para. 9 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 14 para. 10 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 15 para. 1 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 15 para. 2 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 15 para. 3 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 15 para. 4 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 15 para. 5 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 15 para. 6 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 15 para. 7 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 15 para. 8 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 15 para. 9 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 15 para. 10 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 15 para. 11 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 15 para. 12 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 15 para. 13 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 15 para. 14 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 15 para. 15 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 15 para. 16 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 15 para. 17 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 15 para. 19 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 16 para. 1 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 16 para. 2 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 16 para. 4 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 16 para. 5 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 16 para. 6 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 16 para. 7 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 16 para. 8 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 16 para. 9 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 16 para. 10 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 16 para. 11 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 16 para. 12 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 16 para. 13 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 16 para. 14 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 17 para. 1 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 17 para. 2 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 17 para. 3 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 17 para. 4 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 17 para. 5 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 17 para. 6 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 17 para. 7 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 17 para. 8 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 17 para. 9 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 18 para. 1 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 18 para. 2 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 18 para. 3 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 18 para. 4 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 18 para. 5 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 18 para. 6 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 18 para. 7 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 18 para. 8 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 18 para. 9 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 19 para. 1 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 19 para. 2 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 19 para. 3 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 20 para. 1 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 20 para. 2 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 21 para. 1 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 21 para. 2 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 22 para. 1 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 22 para. 2 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 22 para. 3 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 22 para. 4 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 22 para. 5 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 22 para. 6 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 22 para. 7 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 22 para. 8 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 22 para. 9 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 22 para. 10 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 22 para. 11 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 22 para. 12 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 23 para. 1 in force at 1.4.2018 by S.I. 2018/34 , art. 3 Sch. 23 para. 22 in force at 1.4.2018 by S.I. 2018/34 , art. 3 S. 9(1)-(5)(7)-(9) in force at 1.4.2018 by S.I. 2018/34 , art. 3 S. 24(2)-(10) in force at 1.4.2018 by S.I. 2018/34 , art. 3 S. 30(2)-(6) in force at 1.4.2018 by S.I. 2018/34 , art. 3 Words in Sch. 5 para. 7(a) inserted (1.4.2018) by The Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (Amendment to Schedule 5) Regulations 2018 (S.I. 2018/125) , regs. 1(2) , 2(a) Words in Sch. 5 para. 16(a) inserted (1.4.2018) by The Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (Amendment to Schedule 5) Regulations 2018 (S.I. 2018/125) , regs. 1(2) , 2(b) Words in s. 30(3) substituted (26.1.2019) by The Abolition of the Right to Buy and Associated Rights (Wales) Act 2018 (Consequential Amendments and Savings Provisions) Regulations 2019 (S.I. 2019/110) , regs. 1 , 4(a) Words in Sch. 15 para. 1(2)(a) substituted (26.1.2019) by The Abolition of the Right to Buy and Associated Rights (Wales) Act 2018 (Consequential Amendments and Savings Provisions) Regulations 2019 (S.I. 2019/110) , regs. 1 , 4(b)(i)(aa) Sch. 15 para. 1(2)(d) omitted (26.1.2019) by virtue of The Abolition of the Right to Buy and Associated Rights (Wales) Act 2018 (Consequential Amendments and Savings Provisions) Regulations 2019 (S.I. 2019/110) , regs. 1 , 4(b)(i)(bb) Words in Sch. 15 para. 2(1) substituted (26.1.2019) by The Abolition of the Right to Buy and Associated Rights (Wales) Act 2018 (Consequential Amendments and Savings Provisions) Regulations 2019 (S.I. 2019/110) , regs. 1 , 4(b)(ii)(aa) Words in Sch. 15 para. 2(2) substituted (26.1.2019) by The Abolition of the Right to Buy and Associated Rights (Wales) Act 2018 (Consequential Amendments and Savings Provisions) Regulations 2019 (S.I. 2019/110) , regs. 1 , 4(b)(ii)(bb)(i) Sch. 15 para. 2(2)(b) and word omitted (26.1.2019) by virtue of The Abolition of the Right to Buy and Associated Rights (Wales) Act 2018 (Consequential Amendments and Savings Provisions) Regulations 2019 (S.I. 2019/110) , regs. 1 , 4(b)(ii)(bb)(ii) Sch. 15 para. 2(4) omitted (26.1.2019) by virtue of The Abolition of the Right to Buy and Associated Rights (Wales) Act 2018 (Consequential Amendments and Savings Provisions) Regulations 2019 (S.I. 2019/110) , regs. 1 , 4(b)(ii)(cc) Sch. 15 para. 2(5) omitted (26.1.2019) by virtue of The Abolition of the Right to Buy and Associated Rights (Wales) Act 2018 (Consequential Amendments and Savings Provisions) Regulations 2019 (S.I. 2019/110) , regs. 1 , 4(b)(ii)(dd) Words in Sch. 15 para. 2(6) omitted (26.1.2019) by virtue of The Abolition of the Right to Buy and Associated Rights (Wales) Act 2018 (Consequential Amendments and Savings Provisions) Regulations 2019 (S.I. 2019/110) , regs. 1 , 4(b)(ii)(ee) Sch. 15 para. 3(1)(a)(ii) and word omitted (26.1.2019) by virtue of The Abolition of the Right to Buy and Associated Rights (Wales) Act 2018 (Consequential Amendments and Savings Provisions) Regulations 2019 (S.I. 2019/110) , regs. 1 , 4(c) Sch. 15 para. 5(1)(a)(ii) and word omitted (26.1.2019) by virtue of The Abolition of the Right to Buy and Associated Rights (Wales) Act 2018 (Consequential Amendments and Savings Provisions) Regulations 2019 (S.I. 2019/110) , regs. 1 , 4(d) Sch. 15 para. 9(1)(b) and word omitted (26.1.2019) by virtue of The Abolition of the Right to Buy and Associated Rights (Wales) Act 2018 (Consequential Amendments and Savings Provisions) Regulations 2019 (S.I. 2019/110) , regs. 1 , 4(e)(i) Sch. 15 para. 9(4) omitted (26.1.2019) by virtue of The Abolition of the Right to Buy and Associated Rights (Wales) Act 2018 (Consequential Amendments and Savings Provisions) Regulations 2019 (S.I. 2019/110) , regs. 1 , 4(e)(ii) Sch. 15 para. 9(5) omitted (26.1.2019) by virtue of The Abolition of the Right to Buy and Associated Rights (Wales) Act 2018 (Consequential Amendments and Savings Provisions) Regulations 2019 (S.I. 2019/110) , regs. 1 , 4(e)(iii) Sch. 15 para. 18 omitted (26.1.2019) by virtue of The Abolition of the Right to Buy and Associated Rights (Wales) Act 2018 (Consequential Amendments and Savings Provisions) Regulations 2019 (S.I. 2019/110) , regs. 1 , 4(f) Sch. 15 Pt. 2 title substituted (26.1.2019) by virtue of The Abolition of the Right to Buy and Associated Rights (Wales) Act 2018 (Consequential Amendments and Savings Provisions) Regulations 2019 (S.I. 2019/110) , regs. 1 , 4(b)(iii)(aa) Sch. 15 para. 2 heading substituted (26.1.2019) by virtue of The Abolition of the Right to Buy and Associated Rights (Wales) Act 2018 (Consequential Amendments and Savings Provisions) Regulations 2019 (S.I. 2019/110) , regs. 1 , 4(b)(iii)(bb) Words in Sch. 6 para. 16(1)(h) substituted (3.4.2019) by The Welsh Tax Acts (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/833) , regs. 1(3) , 2 S. 10(5)(b) excluded (temp.) (27.7.2020) by The Land Transaction Tax (Temporary Variation of Rates and Bands for Residential Property Transactions) (Wales) Regulations 2020 (S.I. 2020/794) , regs. 1(2) , 2(3) (with reg. 2 ) Sch. 18 paras. 2A-2D and cross-headings inserted (31.12.2020) by The Welsh Tax Acts (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/833) , regs. 1(2) , 3(4) (with reg. 3(5) ); 2020 c. 1 , Sch. 5 para. 1(1) S. 36(6) omitted (31.12.2020) by virtue of The Welsh Tax Acts (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/833) , regs. 1(2) , 6(2)(a) (with reg. 6(3) ); 2020 c. 1 , Sch. 5 para. 1(1) Word in s. 36(12) omitted (31.12.2020) by virtue of The Welsh Tax Acts (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/833) , regs. 1(2) , 6(2)(b)(i) (with reg. 6(3) ); 2020 c. 1 , Sch. 5 para. 1(1) Words in s. 36(12) omitted (31.12.2020) by virtue of The Welsh Tax Acts (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/833) , regs. 1(2) , 6(2)(b)(ii) (with reg. 6(3) ); 2020 c. 1 , Sch. 5 para. 1(1) Words in s. 36(12) omitted (31.12.2020) by virtue of The Retained EU Law (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/1281) , regs. 1(2) , 10 ; 2020 c. 1 , Sch. 5 para. 1(1) Sch. 18 para. 1(aa) inserted (31.12.2020) by The Welsh Tax Acts (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/833) , regs. 1(2) , 3(2) (with reg. 3(5) ); 2020 c. 1 , Sch. 5 para. 1(1) Words in Sch. 18 para. 2(3)(a) substituted (31.12.2020) by The Welsh Tax Acts (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/833) , regs. 1(2) , 3(3) (with reg. 3(5) ); 2020 c. 1 , Sch. 5 para. 1(1) Sch. 20 para. 1(4)(k) omitted (21.1.2021) by virtue of Local Government and Elections (Wales) Act 2021 (asc 1) , s. 175(1)(e) , Sch. 9 para. 47 Sch. 20 para. 1(4)(da) inserted (1.4.2021) by The Corporate Joint Committees (General) (Wales) Regulations 2021 (S.I. 2021/327) , reg. 1(2) , Sch. 3 para. 3 Words in Sch. 3 para. 3(a) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11) , s. 8(1) (8) , Sch. para. 59(2)(a) ; S.I. 2022/283 , reg. 2 Words in Sch. 3 para. 3(b) substituted (6.4.2022) by Divorce, Dissolution and Separation Act 2020 (c. 11) , s. 8(1) (8) , Sch. para. 59(3)(a) ; S.I. 2022/283 , reg. 2 Act: power to modify conferred (9.9.2022) by Welsh Tax Acts etc. (Power to Modify) Act 2022 (asc 2) , ss. 1 , 9 (with s. 2(4)-(6) ) Sch. 5 para. 38 and crossheading inserted (12.7.2024) by The Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (Amendments to Schedule 5) Regulations 2024 (S.I. 2024/791) , regs. 1(2) , 7 Sch. 5 para. 8(2A)-(2C) inserted (12.7.2024) by The Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (Amendments to Schedule 5) Regulations 2024 (S.I. 2024/791) , regs. 1(2) , 3(3) Sch. 5 para. 8(4A)-(4E) inserted (12.7.2024) by The Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (Amendments to Schedule 5) Regulations 2024 (S.I. 2024/791) , regs. 1(2) , 3(5) Words in Sch. 5 para. 8(2)(b) substituted (12.7.2024) by The Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (Amendments to Schedule 5) Regulations 2024 (S.I. 2024/791) , regs. 1(2) , 3(2)(a) Words in Sch. 5 para. 8(2)(d) substituted (12.7.2024) by The Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (Amendments to Schedule 5) Regulations 2024 (S.I. 2024/791) , regs. 1(2) , 3(2)(b) Words in Sch. 5 para. 8(4)(b) inserted (12.7.2024) by The Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (Amendments to Schedule 5) Regulations 2024 (S.I. 2024/791) , regs. 1(2) , 3(4)(a)(i) Words in Sch. 5 para. 8(4)(b) substituted (12.7.2024) by The Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (Amendments to Schedule 5) Regulations 2024 (S.I. 2024/791) , regs. 1(2) , 3(4)(a)(ii) Words in Sch. 5 para. 8(4)(c) substituted (12.7.2024) by The Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (Amendments to Schedule 5) Regulations 2024 (S.I. 2024/791) , regs. 1(2) , 3(4)(b) Words in Sch. 5 para. 8(5) substituted (12.7.2024) by The Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (Amendments to Schedule 5) Regulations 2024 (S.I. 2024/791) , regs. 1(2) , 3(6) Sch. 5 para. 17(2A)-(2C) inserted (12.7.2024) by The Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (Amendments to Schedule 5) Regulations 2024 (S.I. 2024/791) , regs. 1(2) , 4(3) Sch. 5 para. 17(4A)-(4E) inserted (12.7.2024) by The Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (Amendments to Schedule 5) Regulations 2024 (S.I. 2024/791) , regs. 1(2) , 4(5) Words in Sch. 5 para. 17(2)(b) substituted (12.7.2024) by The Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (Amendments to Schedule 5) Regulations 2024 (S.I. 2024/791) , regs. 1(2) , 4(2)(a) Words in Sch. 5 para. 17(2)(d) substituted (12.7.2024) by The Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (Amendments to Schedule 5) Regulations 2024 (S.I. 2024/791) , regs. 1(2) , 4(2)(b) Words in Sch. 5 para. 17(4)(b) inserted (12.7.2024) by The Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (Amendments to Schedule 5) Regulations 2024 (S.I. 2024/791) , regs. 1(2) , 4(4)(a)(i) Words in Sch. 5 para. 17(4)(b) substituted (12.7.2024) by The Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (Amendments to Schedule 5) Regulations 2024 (S.I. 2024/791) , regs. 1(2) , 4(4)(a)(ii) Words in Sch. 5 para. 17(4)(c) substituted (12.7.2024) by The Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (Amendments to Schedule 5) Regulations 2024 (S.I. 2024/791) , regs. 1(2) , 4(4)(b) Words in Sch. 5 para. 17(5) substituted (12.7.2024) by The Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (Amendments to Schedule 5) Regulations 2024 (S.I. 2024/791) , regs. 1(2) , 4(6) Sch. 5 para. 23(7)-(10) inserted (12.7.2024) by The Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (Amendments to Schedule 5) Regulations 2024 (S.I. 2024/791) , regs. 1(2) , 5(2) Word in Sch. 5 para. 35(3)(d) omitted (12.7.2024) by virtue of The Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (Amendments to Schedule 5) Regulations 2024 (S.I. 2024/791) , regs. 1(2) , 6(2) Sch. 5 para. 35(3)(f) (g) inserted (12.7.2024) by The Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (Amendments to Schedule 5) Regulations 2024 (S.I. 2024/791) , regs. 1(2) , 6(3) Sch. 5 para. 35(4)(b) substituted (12.7.2024) by The Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (Amendments to Schedule 5) Regulations 2024 (S.I. 2024/791) , regs. 1(2) , 6(4)(a) Sch. 5 para. 35(4)(e) substituted (12.7.2024) by The Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (Amendments to Schedule 5) Regulations 2024 (S.I. 2024/791) , regs. 1(2) , 6(4)(b) Sch. 6 para. 22(7) inserted (26.11.2024) by The Land Transaction Tax (Relief for Special Tax Sites) (Wales) Regulations 2024 (S.I. 2024/1193) , regs. 1(2) , 2(4)(d) Sch. 21A inserted (26.11.2024) by The Land Transaction Tax (Relief for Special Tax Sites) (Wales) Regulations 2024 (S.I. 2024/1193) , regs. 1(2) , 2(5) Words in s. 30(1) inserted (26.11.2024) by The Land Transaction Tax (Relief for Special Tax Sites) (Wales) Regulations 2024 (S.I. 2024/1193) , regs. 1(2) , 2(2)(a) Words in s. 30(2) inserted (26.11.2024) by The Land Transaction Tax (Relief for Special Tax Sites) (Wales) Regulations 2024 (S.I. 2024/1193) , regs. 1(2) , 2(2)(b) Words in s. 30(3) inserted (26.11.2024) by The Land Transaction Tax (Relief for Special Tax Sites) (Wales) Regulations 2024 (S.I. 2024/1193) , regs. 1(2) , 2(2)(c) S. 49(3A) inserted (26.11.2024) by The Land Transaction Tax (Relief for Special Tax Sites) (Wales) Regulations 2024 (S.I. 2024/1193) , regs. 1(2) , 2(3)(c) S. 49(1)(f) inserted (26.11.2024) by The Land Transaction Tax (Relief for Special Tax Sites) (Wales) Regulations 2024 (S.I. 2024/1193) , regs. 1(2) , 2(3)(a) S. 49(3)(f) inserted (26.11.2024) by The Land Transaction Tax (Relief for Special Tax Sites) (Wales) Regulations 2024 (S.I. 2024/1193) , regs. 1(2) , 2(3)(b) Sch. 6 para. 22(4)(g) inserted (26.11.2024) by The Land Transaction Tax (Relief for Special Tax Sites) (Wales) Regulations 2024 (S.I. 2024/1193) , regs. 1(2) , 2(4)(a) Words in Sch. 6 para. 22(5) substituted (26.11.2024) by The Land Transaction Tax (Relief for Special Tax Sites) (Wales) Regulations 2024 (S.I. 2024/1193) , regs. 1(2) , 2(4)(b) Sch. 6 para. 22(6)(d) inserted (26.11.2024) by The Land Transaction Tax (Relief for Special Tax Sites) (Wales) Regulations 2024 (S.I. 2024/1193) , regs. 1(2) , 2(4)(c) Sch. 21A para. 2 substituted (23.1.2025) by The Land Transaction Tax (Modification of Special Tax Sites Relief) (Wales) Regulations 2025 (S.I. 2025/54) , regs. 1(2) , 2(2) Sch. 21A para. 5 renumbered as Sch. 21A para. 5(a) (23.1.2025) by The Land Transaction Tax (Modification of Special Tax Sites Relief) (Wales) Regulations 2025 (S.I. 2025/54) , regs. 1(2) , 2(3)(a) Words in Sch. 21A para. 5(a) inserted (23.1.2025) by The Land Transaction Tax (Modification of Special Tax Sites Relief) (Wales) Regulations 2025 (S.I. 2025/54) , regs. 1(2) , 2(3)(b) Sch. 21A para. 5(b) inserted (23.1.2025) by The Land Transaction Tax (Modification of Special Tax Sites Relief) (Wales) Regulations 2025 (S.I. 2025/54) , regs. 1(2) , 2(3)(c) Sch. 13 para. 7A inserted (7.2.2025) by The Land Transaction Tax (Modification of Relief for Acquisitions Involving Multiple Dwellings) (Wales) Regulations 2025 (S.I. 2025/119) , regs. 1(2) , 3 (with reg. 4 ) Sch. 15 para. 2(3)(e) omitted (10.9.2025) by virtue of Legislation (Procedure, Publication and Repeals) (Wales) Act 2025 (asc 3) , s. 9(2)(d) , Sch. 1 para. 17(a) Sch. 15 para. 9(3)(c) omitted (10.9.2025) by virtue of Legislation (Procedure, Publication and Repeals) (Wales) Act 2025 (asc 3) , s. 9(2)(d) , Sch. 1 para. 17(b) Sch. 15 para. 10(8)(c) omitted (10.9.2025) by virtue of Legislation (Procedure, Publication and Repeals) (Wales) Act 2025 (asc 3) , s. 9(2)(d) , Sch. 1 para. 17(c) Words in Sch. 15 para. 19(3) omitted (10.9.2025) by virtue of Legislation (Procedure, Publication and Repeals) (Wales) Act 2025 (asc 3) , s. 9(2)(d) , Sch. 1 para. 17(d) Sch. 21A para. 2(c) inserted (21.11.2025 at 12.00 a.m.) by The Land Transaction Tax (Modification of Special Tax Sites Relief) (No. 2) (Wales) Regulations 2025 (S.I. 2025/1209) , regs. 1(2) , 2(2) Sch. 21A para. 2(d) inserted (21.11.2025 at 12.01 a.m.) by The Land Transaction Tax (Modification of Special Tax Sites Relief) (No. 3) (Wales) Regulations 2025 (S.I. 2025/1210) , regs. 1(2) , 2(2) Sch. 21A para. 5(c) inserted (21.11.2025 at 12.00 a.m.) by The Land Transaction Tax (Modification of Special Tax Sites Relief) (No. 2) (Wales) Regulations 2025 (S.I. 2025/1209) , regs. 1(2) , 2(3) Sch. 21A para. 5(d) inserted (21.11.2025 at 12.01 a.m.) by The Land Transaction Tax (Modification of Special Tax Sites Relief) (No. 3) (Wales) Regulations 2025 (S.I. 2025/1210) , regs. 1(2) , 2(3)
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