Enabling power: Government of Wales Act 2006, s. 95 (1). Issued: 25.11.2009. Made: 17.11.2009. Laid: -. Coming into force: 18.11.2009. Effect: 2006 c.32 amended. Territorial extent & classification: W. General. Supersedes draft (ISBN 9780111481097) issued 25th June 2009

Government response to HC 306, session 2008-09 (ISBN 9780215529855)

Draft National Assembly for Wales (Legislative Competence) (Social Welfare) Order 2009; draft National Assembly for Wales (Legislative Competence) (Exceptions to Matters) Order 2009 : Monday 19 October 2009

National Assembly for Wales (Legislative Competence) (Social Welfare) Order 2009 (relating to Carers) : 13th report of session 2008-09, Report

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.

Response to HC 778 (ISBN 9780215541567)