Statutory Instruments
2008 No. 1785
Constitutional Law
Devolution, Wales
The National Assembly for Wales (Legislative Competence) (Social Welfare) Order 2008
Made
9th July 2008
Coming into force in accordance with Article 1
At the Court at Buckingham Palace, the 9th day of July 2008
Present,
The Queen’s Most Excellent Majesty in Council
In accordance with section 95(5) of the Government of Wales Act 2006( 1 ), a draft of this Order has been laid before, and approved by resolution of, the National Assembly for Wales and each House of Parliament.
Accordingly, Her Majesty, in pursuance of section 95(1) of the Government of Wales Act 2006, is pleased, by and with the advice of Her Privy Council, to order as follows:-
Citation and commencement
1. This Order may be cited as the National Assembly for Wales (Legislative Competence)(Social Welfare) Order 2008 and it shall come into force on the day after the day on which it is made.
Amendments to Schedule 5 to the Government of Wales Act 2006
2. —(1)Part 1 of Schedule 5 to the Government of Wales Act 2006 is amended in accordance with this article.
(2) In field 15 (social welfare), insert—
“ Matter 15.1
Charges levied by local authorities for social care services provided or secured by them and payments in respect of individuals with needs relating to their well-being so that they, or persons looking after them, may secure social care services to meet those needs.
This matter does not include any of the following—
(a) child support;
(b) tax credits;
(c) child benefit and guardian’s allowance;
(d) social security;
(e) independent living funds;
(f) motability.
Interpretation of this field
In this field—
“local authorities” means the councils of counties or county boroughs in Wales;
“social care services” means any of the following provided in connection with the well-being of any person: non-residential care services; advice, counselling or advocacy services; or any other assistance;
“well-being”, in relation to individuals, means well-being so far as relating to any of the following—
physical and mental health and emotional well-being;
protection from harm and neglect;
education, training and recreation;
the contribution made by them to society;
social and economic well-being;
securing their rights. ”
Judith Simpson
Clerk of the Privy Council