‘LEGISLATION WATCH WALES’ – October 2018
Health and Social Care Briefing
Acts
Additional Learning Needs and Education Tribunal (Wales) Act 2018
http://www.senedd.assembly.wales/mgIssueHistoryHome.aspx?IId=16496
The Act makes provision for a new statutory framework for supporting children and young people with additional learning needs. This is to replace existing legislation surrounding special educational needs and the assessment of children and young people with learning difficulties and / or disabilities in post-16 education and training.
The Act also continues the existence of the Special Educational Needs Tribunal for Wales and provides for children, their parents and young people to appeal to it against decisions made in relation to their or their child’s additional learning needs, but renames it the Education Tribunal for Wales
The Bill was introduced on 12 December 2016. Royal Assent was given on 24 January 2018.
Abolition of the Right to Buy and Associated Rights (Wales) Act
http://www.senedd.assembly.wales/mgIssueHistoryHome.aspx?IId=17260
According to the Explanatory Memorandum accompanying the Act, the purpose and intended effect of the Act is to end all variations of the Right to Buy and the Right to Acquire.
The key purposes of the Act are to:
- abolish the right of eligible secure tenants to buy their home at a discount under Part 5 of the Housing Act 1985 (Right to Buy);
- abolish the preserved right of eligible former secure tenants to buy their home at a discount under section 171A of the Housing Act 1985 (Preserved Right to Buy);
- abolish the right of eligible assured or secure tenants of a registered social landlord or private registered provider to acquire their home at a discount under section 16 of the Housing Act 1996 (Right to Acquire);
- encourage social landlords to build or acquire new homes for rent, the Right to Buy, Preserved Right to Buy and Right to Acquire will not be exercisable by tenants who move into new social housing stock more than two months after the Bill receives Royal Assent, subject to certain exceptions;
- provide for at least one year after the Bill receives Royal Assent before the abolition of the Right to Buy, Preserved Right to Buy and Right to Acquire for existing social housing stock comes into force.
Further detail about the Act can be found in its accompanying Explanatory Memorandum.
The Bill was introduced on 13 March 2017. Royal Assent was given on 24 January 2018.
Public Health (Minimum Price for Alcohol) Wales Act
http://www.senedd.assembly.wales/mgIssueHistoryHome.aspx?IId=20029
The Act provides for a minimum price for the sale and supply of alcohol in Wales by certain persons and makes it an offence for alcohol to be sold or supplied below that price.
The Act includes provision for:
- the formula for calculating the applicable minimum price for alcohol by multiplying the percentage strength of the alcohol, its volume and the minimum unit price (MUP);
- powers for Welsh Ministers to make subordinate legislation to specify the MUP;
- the establishment of a local authority-led enforcement regime with powers to bring prosecutions;
- powers of entry for authorised officers of a local authority, an offence of obstructing an authorised officer and the power to issue fixed penalty notices (FPNs)
The Act proposes the MUP would be specified in regulations. However, for the purpose of assessing impacts and the associated costs and benefits, the Explanatory Memorandum uses a 50p MUP as an example.
The Public Health (Minimum Price for Alcohol) (Wales) Act became law in Wales on the 9th of August 2018.
Regulation of Registered Social Landlords (Wales) Act
http://www.senedd.assembly.wales/mgIssueHistoryHome.aspx?IId=19962
The purpose of the Act is to amend or remove those powers which are deemed by the Office for National Statistics (“ONS”) to demonstrate central and local government control over Registered Social Landlords (RSLs).
These changes will enable the ONS to consider reclassifying RSLs as private sector organisations for the purpose of national accounts and other ONS economic statistics.
Further detail about the Act can be found in its accompanying Explanatory Memorandum.
The Regulation of Registered Social Landlords (Wales) Act 2018 became law in Wales on the 13th of June 2018.
Law Derived from the European Union (Wales) Act 2018
http://www.senedd.assembly.wales/mgIssueHistoryHome.aspx?IId=21280
A Government Emergency Bill, introduced by Mark Drakeford AM, Cabinet Secretary for Finance. An Emergency Bill is a Government Bill that needs to be enacted more quickly than the Assembly’s usual four stage legislative process allows. A definition of an Emergency Bill is not provided in the Government of Wales Act 2006 (“the 2006 Act”) or in the Assembly’s Standing Orders however Standing Order 26.95 states that:
“If it appears to a member of the government that an Emergency Bill is required, he or she may by motion propose that a government Bill, to be introduced in the Assembly, be treated as a government Emergency Bill.”
As with all Assembly Bills, Emergency Bills must relate to one or more of the 21 Subjects contained in Schedule 7 to the 2006 Act in order for it to be within the scope of the Assembly’s legislative powers.
The Act is intended to preserve EU law covering subjects devolved to Wales on withdrawal of the UK from the EU. Further, it will enable the Welsh Ministers to ensure that legislation covering these subjects works effectively after the UK leaves the EU and the European Communities Act 1972 is repealed by the European Union (Withdrawal) Bill.
The Act enables the Welsh Ministers to legislate to maintain regulatory alignment with the EU in order to facilitate continued access to the EU market for Welsh Businesses. It also creates a default position in law whereby the consent of the Welsh Ministers will be required before any changes are made by UK Ministers to devolved legislation within the scope of EU law.
Further detail about the Bill can be found in its accompanying Explanatory Memorandum.
The Law Derived from the European Union (Wales) Act 2018 became law in Wales on 6 June 2018.
Legislation in Progress – current Bills
Public Services Ombudsman (Wales) Bill
http://www.senedd.assembly.wales/mgIssueHistoryHome.aspx?IId=20012
This is a Committee Bill, introduced by Simon Thomas AM, Chair of the Finance Committee. The Business Committee has remitted the Bill to the Equality, Local Government and Communities Committee. The Bill includes provision which set out the new powers for the Ombudsman to:
- accept oral complaints
- undertake own initiative investigations
- investigate private medical treatment including nursing care in a public/private health pathway
- undertake a role in relation to complaints handling standards and procedures
Further detail about the Bill can be found in its accompanying Explanatory Memorandum. The Bill is currently at stage 2.
Autism (Wales) Bill
http://www.senedd.assembly.wales/mgIssueHistoryHome.aspx?IId=19233
An Assembly Member Bill, introduced by Paul Davies AM was successful in a legislative ballot in March 2017, and given leave to proceed with his Bill by the Assembly in June 2017.
The Business Committee has remitted the Bill to the Health, Social Care and Sport Committee.
The overall purpose of the Bill is to ensure the needs of children and adults with Autism Spectrum Disorder in Wales are met, and to protect and promote their rights. The Bill delivers this purpose by seeking to:
- Introduce a strategy for meeting the needs of children and adults in Wales with ASD conditions which will:
- Promote best practice in diagnosing ASD, and assessing and planning for meeting care needs;
- Ensure a clear and consistent pathway to diagnosis of ASD in local areas;
- Ensure that local authorities and NHS bodies take necessary action so that children and adults with ASD receive the timely diagnosis and support they need across a range of services;
- Strengthen support for families and carers and ensure their wishes, and those of people with ASD, are taken into account;
- Promote research, innovation and improvement in ASD Services;
- Establish practices to enable the collection of reliable and relevant data on the numbers and needs of children and adults with ASD, so that the Welsh Ministers, and local and NHS bodies can plan accordingly;
- Ensure key staff working with people with ASD are provided with appropriate ASD training; and
- Regularly review the strategy and guidance to ensure progress.
- Require the Welsh Ministers to issue guidance to the relevant bodies on implementing the strategy.
- Require the Welsh Ministers to collect suitable data to facilitate the implementation of the Bill.
- Require the Welsh Ministers to undertake a campaign to raise awareness and understanding of ASD.
Further detail about the Bill can be found in its accompanying Explanatory Memorandum.
The Bill is currently at stage 1 (consideration of the general principles of the Bill and the agreement of the Assembly to those principles).
Childcare Funding (Wales) Bill
http://www.senedd.assembly.wales/mgIssueHistoryHome.aspx?IId=21394
A Welsh Government Bill, introduced by Huw Irranca-Davies AM, Minister for Children, Older People and Social Care. The Business Committee has remitted the Bill to the Children, Young People and Education Committee.
The Childcare Funding (Wales) Bill (“the Bill”) gives the Welsh Ministers the power to provide funding for childcare for qualifying children of working parents and to make regulations about the arrangements for administering and operating such funding.
The Bill is intended to facilitate the delivery of a key commitment in the Welsh Labour manifesto ‘Together for Wales 2016’. This is to provide 30 hours per week of government funded early education and childcare to the working parents of three and four year olds in Wales for up to 48 weeks per year (this is referred to in the Explanatory Memorandum accompanying the Bill as ‘the Offer’).
All eligible 3 and 4-year-old children (from the term after their third birthday) are entitled to a minimum of 10 hours early education per week during term time over 39 weeks of the year. The Offer builds on this universal entitlement and provides up to a total of 30 hours early education and care per week over 48 weeks of the year for the 3 and 4 year olds of working parents.
The Bill relates to the childcare element of the Offer and is therefore concerned with the funding that will be provided in respect of the eligible children of working parents.
Further detail about the Bill can be found in its accompanying Explanatory Memorandum.
The Bill is currently at stage 1 (consideration of the general principles of the Bill and the agreement of the Assembly to those principles).
Renting Homes (Fees etc…) Wales Bill
http://www.senedd.assembly.wales/mgIssueHistoryHome.aspx?IId=22120
A Welsh Government Bill, introduced by Rebecca Evans AM, Minister for Housing and Regeneration. The Business Committee has remitted the Bill to the Equality, Local Government and Communities Committee.
The Bill includes provision for:
- prohibiting certain payments made in connection with the granting, renewal or continuance of standard occupation contracts;
- the treatment of holding deposits.
Further detail about the Bill can be found in its accompanying Explanatory Memorandum.
The Bill is currently at stage 1 (consideration of the general principles of the Bill and the agreement of the Assembly to those principles).
Future and possible Bills (of interest)
Assembly members have voted to introduce a Welsh Parliament and Elections Bill due to be brought forward in early 2019. The Bill will be designed to change the name of the Assembly to Senedd Cymru/Welsh Parliament; lower the voting age for Assembly elections to 16; amend the law relating to disqualification from being an Assembly Member and make other changes to the Assembly’s electoral and internal arrangements.
http://www.assembly.wales/en/newhome/pages/newsitem.aspx?itemid=1910&assembly=5
In the statement on forthcoming legislation 2018/19, the First Minister highlighted:
- A Bill to remove the defence of reasonable punishment
- A Bill to improve accessibility of Welsh Law and how it is interpreted
- A Local Government Bill (lowering the age for elections and a range of other proposals – not ‘wholescale merger’)
- A Bill to establish an Duty of Quality for the NHS and a Duty of Candour for Health and Social Care, introduce and establish a new independent body to represent the citizen’s voice in health and social care services and will require LHBs to appoint a Vice Chair
- Ban the use of wild animals in travelling circuses
Updated October 2018