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proposed National Assembly for Wales (Legislative Competence) Order in the field of social Welfare 2008 : Fourth report of session 2007-08, report, together with formal minutes, oral and written Evidence
proposed draft National Assembly for Wales (Legislative Competence) (Social Welfare and Other Fields) Order 2008 : Fifth report of session 2007-08, report, together with formal minutes, oral and written Evidence
Enabling power: Government of Wales Act 2006, s. 95 (1). Issued: 17.12.2008. Made: 10.12.2008. Laid: -. Coming into force: In accord. with art. 1 (2) (3). Effect: 2006 c. 32 amended. Territorial extent & classification: W. General. Supersedes draft S.I. (ISBN 9780110846620) issued 15.10.2008. Superseded by corrective reprint (ISBN 9780111472545)
The proposed Order would give the National Assembly power to legislate to promote the well-being of carers in Wales. At present the Welsh Assembly Government has the power to issue statutory and practice guidance to local authorities and the NHS, but it does not have the power to legislate specifically in relation to carers, of which there is a higher proportion in Wales than in England. The proposed Order would enable the Welsh Assembly Government to bring forward a measure to compel bodies to work together to proved appropriate information and services to carers. The Committee concludes that the purpose of the proposed legislation is clear and consistent with previously announced policy and existing powers in the field of social welfare.
Current legislation on mental health is largely designed for people who may become subject to compulsion and liable to detention. It does not deal with the provision of assessment, the treatment and advocacy services outside the legal framework of compulsion. The proposed order would entitle people who appear to be suffering from mental disorder, but do not yet have a firm diagnosis, to obtain early assesment of their condition and need for services. The Committee agrees that a clear need for the proposed order has been identified. The UK Government's current view is that it does not wish to introduce legislative powers in this area, so the legislative competence order in couincil is the most appropriate legislative route available.The Committee supports the proposed order, but recommends some amendments to it and the explanatory memorandum in order to clarify certain matters.
Enabling power: Government of Wales Act 2006, s. 95 (1). Issued: 25.06.2008. Made: -. Laid: -. Coming into force: -. Effect: 2006 c.32 amended. Territorial extent & classification: W. For approval by resolution of the National Assembly for Wales. Superseded by S.I. 2008/1785 (ISBN 9780110831329)