SL(5)299 – The Local Authority Fostering Services (Wales) Regulations 2018

Background and Purpose

Section 94A of the Social Services and Well-being (Wales) Act 2014 (“the 2014 Act”) provides that regulations may make provision about the exercise by local authorities of functions conferred on them by regulations made under section 87 (regulations about looked after children) of that Act.

Regulations made under section 87 of the 2014 Act may make further provision about children looked after by local authorities, including regulations about the placing of children with local authority foster parents (section 92 of that Act).

 These Regulations impose requirements on local authority fostering services providers, described as “local authority providers” in these Regulations. 

Procedure

Negative

Technical Scrutiny

The following points are identified for reporting under Standing Order 21.2(vii) (inconsistencies between the Welsh and English texts) in respect of this instrument.

1.   In the Welsh text of regulation 10(5), reference is made to “baragraff (1)(a), (b), (g) ac (i)”, while the English refers to “paragraph (1)(a), (b), (c) and (h)”.

2.   In the English text of regulation 11, reference is made to “(d) any area authority”; there is no corresponding reference in the Welsh text.

Merits Scrutiny

No points are identified for reporting under Standing Order 21.3 in respect of this instrument.

Implications arising from exiting the European Union

No points are identified for reporting under Standing Order 21.3 in respect of this instrument.

Government Response

We acknowledge this point and an amendment will be made at the next available opportunity.

 

 

Legal Advisers

Constitutional and Legislative Affairs Committee

7 January 2019