SL(5)071 - Code of practice on the exercise of social services functions in relation to Part 4 (direct payments and choice of accommodation) and Part 5 (charging and financial assessment) of the Social Services and Well-being (Wales) Act 2014

Background and Purpose

This code of practice is issued under section 145 of the Social Services and Well-being (Wales) Act 2014 (the “Act”). Local authorities, when exercising their social services functions, must act in accordance with the requirements contained in this code.

Procedure

The draft negative procedure set out in section 146 of the Act provides that:

- the Welsh Ministers must not issue the code of practice until after the period of 40 days beginning with the day on which the draft is laid before the Assembly, but

- if before the end of that period the Assembly resolves that the code of practice should not be issued, the Welsh Ministers must not issue it.

Scrutiny under Standing Order 21.7

The code of practice is not a statutory instrument so the Committee is not reporting under Standing Order 21.2 or 21.3.

The Committee is considering and reporting on the code of practice under:

- Standing Order 21.7(i): as subordinate legislation laid before the Assembly;

- Standing Order 21.7(v): as a legislative matter of a general nature within or relating to the competence of the Assembly or the Welsh Minister.

Reporting points

No points are identified for reporting under Standing Order 21.7 in respect of the code of practice.

Legal Advisers

Constitutional and Legislative Affairs Committee

8 March 2017