Statutory Instruments with Clear Reports

26 February 2018

SL(5)185 –

Procedure: Negative

The Non-Domestic Rating (Demand Notices) (Wales) Regulations 2017 (“the 2017 Regulations”) (S.I. 2017/113 (W. 39)) provide for the contents of non-domestic rates demand notices which are served by or on behalf of billing authorities in Wales. Schedule 2 to the 2017 Regulations sets out the information which must be included in the explanatory notes that must accompany a demand notice, which includes information as to the small business rates relief scheme that is applicable in Wales.

The Non-Domestic Rating (Small Business Relief) (Wales) Order 2017 (“the 2017 Small Business Relief Order”) (S.I. 2017/1229 (W. 293)) introduces a new small business rates relief scheme in Wales from 1 April 2018. These Regulations amend Schedule 2 to the 2017 Regulations so that the information provided in the explanatory notes that accompany demand notices issued in relation to financial years beginning on or after 1 April 2018, refers to the 2017 Small Business Relief Order.

Parent Act: Local Government Finance Act 1988

Date Made: 31 January 2018

Date Laid: 2 February 2018

Coming into force date: 23 February 2018

SL(5)X186 – The Care Planning, Placement and Case Review Wales) (Amendment) Regulations 2018

Procedure: Negative

These Regulations amend the Care Wales Planning, Placement and Case Review (Wales) Regulations 2015 (“the 2015 Regulations”). 

Part 3 of the 2015 Regulations contains general provisions about the placement of a looked after child, with regulation 12 making specific provision in relation to out of area placements.

Regulation 2 of these Regulations adds to the information which must be notified by the responsible authority to the out of area local authority or the local authority in England in whose area the child has been placed under regulation 12(8) of the 2015 Regulations, and which must be supplied not later than 24 hours after the placement is made.

Parent Act: Social Services (Wales) Act 2014

Date Made: 29 January 2018

Date Laid: 2 February 2018

Coming into force date: 2 April 2018

SL(5)183 – The Children (Secure Accommodation) (Wales) (Amendment) Regulations 2018

Procedure: Affirmative

These Regulations make amendments to the Children (Secure Accommodation) (Wales) Regulations 2015 (“the Secure Accommodation Regulations”).

The amendment to the definition of “secure accommodation” in regulation 1 of the Secure Accommodation Regulations to include secure accommodation in Scotland has effect so that placement of a child by a Welsh local authority in secure accommodation in Scotland is subject to the same safeguards which apply to placements in England and Wales.

The amendment to paragraph (5) of regulation 1 is consequential on the coming into force of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 (“the 2016 Act”). Secure accommodation services in Wales are regulated under the 2016 Act from 2 April 2018.

The amendment to regulation 4 makes clear who is able to apply for a secure accommodation order in cases which do not involve looked after children as provided for by regulation 16.

The amendments to regulations 6 and 7 clarify that the maximum periods set in those two regulations apply to an order of the court made in relation to secure accommodation in Wales.

The amendment to regulation 8 is consequential on the amendment to the definition of “secure accommodation” in regulation 1 and clarifies that the restriction applies in relation to placement of looked after children.

Regulations 9 and 12 are made under the power conferred by section 27 of 2016 Act.

The amendment to regulation 15 clarifies how the provision works for placements by English local authorities to secure accommodation in Wales. 

Parent Acts: Social Services and Well-being (Wales) Act 2014; Regulation and Inspection of Social Care (Wales) Act 2016

Date Made: Not stated

Date Laid: Not stated

Coming into force date: 2 April 2018