Constitutional and Legislative Affairs Committee
Statutory Instruments with Clear Reports
15 September 2014
CLA427– The Social Services Complaints Procedure (Wales) Regulations 2014
Procedure: Negative
These Regulations establish new procedures for handing complaints made to local authorities about the exercise of their social services functions. Representations made under the Children Act 1989 and the Adoption and Children Act 2002 are not covered by these Regulations but will be dealt with under the Representations Procedure (Wales) Regulations 2014 in respect of which a separate report will be placed before the Committee .
CLA428 – The Representations Procedure (Wales) Regulations 2014
Procedure: Negative
These Regulations establish new procedures for handing complaints made to local authorities under the Children Act 1989 and the Adoption and Children Act 2002. Complaints relating to a local authority’s other social services functions are dealt with under the Social Services Complaints Procedure (Wales) Regulations 2014 in respect of which a separate report will be placed before the Committee.
CLA429 - The Common Agricultural Policy Basic Payment Scheme (Provisional Payment Region Classification) (Wales) Regulations 2014
Procedure: Negative
These Regulations make provision, in relation to Wales, for the administration of Council Regulation (EC) No 1307/2013, in relation to direct payments to farmers under support schemes of the Common Agricultural Policy.
They make arrangements for the Welsh Ministers to inform farmers of the provisional payment region classification of their field parcels for the purposes of claiming support under the basic payment scheme.
Regulation 3 provides that there are three regions in Wales for the purposes of the basic payment scheme and provides farmers with a mechanism to appeal a determination by the Welsh Ministers of a provisional payment region classification.
Note that the title includes the word ‘provisional’. If changes are made to the regions as a result of successful appeals, the Regulations will need to be re-made to refer to the final map.
CLA430 – The Food Hygiene (Wales) (Amendment) Regulations 2014
Procedure: Negative
These Regulations amend the Food Hygiene (Wales) Regulations 2006 by implementing in relations to Wales Commission Regulation (EU) 2075/2014 laying down specific controls for Trichinella in meat. They also implement Commission Regulations 2018/2014 amending Annexes to Regulations (EC) No 853/2204 and (EC) No 854/2004 of the European Parliament and of the Council which removes the need for a special health mark and the restriction to the national market for emergency slaughter meat.
CLA432 - The Education (European Institutions) and Student Support (Wales) (Revocation) Regulations 2014
Procedure: Negative
These Regulations revoke the existing Education (European Institutions) and Student Support (Wales) Regulations 2013. This means that funding previously available for one student wishing to study at either the College of Europe or the Johns Hopkins SAIS Europe based in Bologna, Italy has been withdrawn.
CLA434 - The Education (National Curriculum) (Foundation Phase) (Wales) Order 2014
Procedure: Negative
This Order replaces the Education (National Curriculum) (Foundation Stage) (Wales) Order 2008. The ‘Foundation Phase’ was originally called the ‘Foundation Stage’ in Part 7 of the Education Act 2002. In practice practitioners referred to the ‘Foundation Stage’ as the ‘Foundation Phase’ in English. Consequently the Education (Wales) Measure 2009 (“the 2009 Measure”) amended Part 7 of the Education Act 2002 so as to refer to the ‘Foundation Phase’ instead of the ‘Foundation Stage’. In light of that change made by the 2009 Measure it is considered appropriate to revoke and remake the 2008 Order to reflect in law the change of name used in practice to provide consistency and clarity.
CLA435 - The Head Teacher’s Report to Parent and Adult
Pupils (Wales) (Amendment) Regulations 2014
Procedure: Negative
The Head Teacher’s Report to Parents and Adult Pupils (Wales) (Amendment) Regulations 2014 amend the Head Teacher’s Report to Parents and Adult Pupils (Wales) Regulations 2011. These Regulations amend the 2011 Regulations to require head teachers to report the results of the assessments introduced by the National Curriculum (Assessment Arrangements for the Foundation Phase and the Second and Third key Stages) (Wales) Order 2014 to parents and adult pupils.
CLA436 - The National Curriculum (Assessment Arrangements for the Foundation Phase and the Second and Third Key Stages) (Wales) Order 2014
Procedure: Negative
This Order places a statutory duty on schools to assess learners’ undertaking the Foundation phase and second and third key stages overall standards in literacy and numeracy using the National Literacy and Numeracy Framework.
CLA437 - The National Health Service (Optical Charges and Payments) (Amendment) (No 2) (Wales) Regulations 2014
Procedure: Negative
These Regulations amend the National Health Service (Optical Charges and Payments) Regulations 1997 by providing for an increase in the NHS sight test fees by 1% with effect from 1 April 2014. The retrospective effect of the Regulations is permissible under section 76(9) of the National Health Service (Wales) Act 2006.
CLA438 – The Student fees (Amounts) (Wales) (Amendments) Regulations 2014
Procedure: Negative
These Regulations amend the Student Fees (Amounts) (Wales) regulations 2011 to provide for the new tuition and financial support arrangements for students undertaking a work placement year or a whole year abroad as part of their studies (Erasmus and non-Erasmus programmes) from academic year 2014-15.
Institutions delivering higher education will be permitted to charge Erasmus and non-Erasmus student taking a full year placement abroad a fee of up to 15% of the institution’s fee cap.
Students (Erasmus and non-Erasmus) undertaking a work placement as part of a sandwich course may be charged a tuition fee of up to 20% of the institution’s maximum fee cap.
CLA439 - The Dissolution of Further Education Corporations (Publication of Proposals and Prescribed Bodies) (Wales) Regulations 2014
Procedure: Negative
These Regulations prescribe the time and manner of publication, and content of draft proposals for the dissolution of further education corporations. The Regulations also provide detail on the consultation process that must be followed, as well as prescribing the bodies to which a further education corporation can transfer its property, rights and liabilities upon dissolution.
CLA441 - The Regional Transport Planning (Wales) Order 2014
Procedure: Negative
The effect of this Order is to exercise the power of the Welsh Ministers under section 113A of the Transport Act 2000 to permit local transport plans to be made in respect of part only of an authority’s area. It also allows two or more local transport authorities to produce a local transport plan jointly, rather than on an individual authority basis, in respect of the whole or part of their collective area.