Consultations Bulletin Week Ending 7Th March 2008

Consultation Bulletin – week ending 15 May 2015

1 Deadline for Source Title/link Summary Issue date Response

National Assembly for The Care and Support The Health and Social Care Committee has agreed to undertake scrutiny of 14/05/215 29/05/2015 Wales (Eligibility) (Wales) the Care and Support (Eligibility) (Wales) Regulations 2015 (PDF, 102KB), Regulations 2015 which will be made under the Social Services and Well-being Act 2014. The draft Regulations were published by the Welsh Government on 8 May, and there will be a 60 day scrutiny period before a resolution for their approval can be considered by the Assembly. During this period, the Committee would like to hear the views of those with an interest on the draft Regulations. The draft Regulations should be considered alongside the Code of Practice on the exercise of social services functions in relation to part 4 (Meeting needs) of the Social Services and Well-being (Wales) Act 2014.[Opens in a new browser window] (PDF, 707)

The Committee would be grateful for your views on: whether the draft Regulations and Code of Practice as drafted: will achieve the desired aims of the Act; are appropriate to ensure the right access to care and support for people who require it in Wales; sufficiently address any concerns previously raised; whether there are likely to be any barriers to the implementation of the provisions; and the likely consequences of the draft Regulations and Code of Practice for current and future service users and carers. Welsh Government Consultation on the This consultation seeks comments on whether or not the Welsh Ministers 11/05/2015 03/08/2015 Proposals for the Interim should make an agricultural wages order as allowed by the Agricultural Agricultural Wages Order Sector (Wales) Act 2014 before the Agricultural Advisory Panel for Wales is established.

Please note that a separate consultation is also open on proposals for the Agricultural Advisory Panel. Welsh Government Implementation of the We are providing the opportunity for stakeholders across Wales to provide 08/05/2015 31/07/2015 Social Services and Well- their input on the first set of consultations in order for us to deliver being (Wales) Act 2014 – requirements of the Act. Consultation on the code of practice in relation to part The draft regulations and code of practice have been developed through a 10 (Complaints, consultative process with our main stakeholders. Representations and Advocacy Services) of the The Social Services and Well-being (Wales) Act 2014 received Royal Act Assent on 1 May 2014. The Act forms the basis for a new statutory framework for social care in Wales.

The codes of practice are issued under section 145.

Part 10 (Complaints, Representations and Advocacy) covers: ◾a clear recognition of the benefits of advocacy

2 ◾the range of advocacy available to people ◾the key points when people’s need for advocacy must be assessed ◾the circumstances / environment that impact on people’s need for advocacy ◾when independent advocacy must be provided ◾the circumstances when it is inappropriate for certain people to advocate ◾the arrangements for publicising advocacy services ◾charging Welsh Government Implementation of the We are providing the opportunity for stakeholders across Wales to provide 08/05/2015 31/07/2015 Social Services and Well- their input on the first set of consultations in order for us to deliver being (Wales) Act 2014 – requirements of the Act. Consultation on the regulations and statutory The draft regulations and code of practice have been developed through a guidance in relation to part consultative process with our main stakeholders. 9 (Co-operation and partnership) of the Act The Social Services and Well-being (Wales) Act 2014 received Royal Assent on 1 May 2014. The Act forms the basis for a new statutory framework for social care in Wales.

The regulations will be made under the appropriate sections of the Act. The statutory guidance are issued under section 169. Welsh Government Implementation of the We are providing the opportunity for stakeholders across Wales to provide 08/05/2015 31/07/2015 Social Services and Well- their input on the first set of consultations in order for us to deliver being (Wales) Act 2014 – requirements of the Act. Consultation on the regulations and code of The draft regulations and code of practice have been developed through a practice in relation to part 5 consultative process with our main stakeholders. (Charging and Financial Assessment) of the Act The Social Services and Well-being (Wales) Act 2014 received Royal Assent on 1 May 2014. The Act forms the basis for a new statutory framework for social care in Wales.

The regulations will be made under the appropriate sections of the Act. The codes of practice are issued under section 145.

Part 5 (Charging and Financial assessment) covers:

◾direct payments ◾choice of accommodation ◾charging and financial assessment ◾deferred payments ◾review of charges Welsh Government Draft non-statutory The aim of this consultation is to receive feedback on the proposed, draft, 08/05/2015 03/07/2015 guidance for local Non-Statutory, Elective Home Education Guidance Document, for local authorities on elective authorities. home education Most parents choose to send their children to school, however some elect to educate their child within the home environment. The Minister for Education and Skills has decided to produce non statutory guidance which highlights

3 good practice from local authorities and home educators.

This draft guidance has been developed in consultation with local authorities and the elective home-educating community to provide an opportunity for them to work together to build consensus and trust. Welsh Government Implementation of the We are providing the opportunity for stakeholders across Wales to provide 08/05/2015 31/07/2015 Social Services and Well- their input on the first set of consultations in order for us to deliver being (Wales) Act 2014 – requirements of the Act. Consultation on the Regulations and code of The draft regulations and code of practice have been developed through a practice in relation to part 6 consultative process with our main stakeholders. (Looked After and Accommodated Children) of The Social Services and Well-being (Wales) Act 2014 received Royal the Act Assent on 1 May 2014. The Act forms the basis for a new statutory framework for social care in Wales.

The regulations will be made under the appropriate sections of the Act. The codes of practice are issued under section 145.

Part 6 (Looked After and Accommodated Children) covers: ◾Care Planning, Placement and Case Review (Wales) Regulations 2015 ◾Care Leavers (Wales) Regulations 2015 ◾Visits to Children in Detention (Wales) Regulations 2015 ◾Children (Secure Accommodation) (Wales) Regulations 2015

National Assembly for Historic Environment The Communities, Equality and Local Government Committee is 08/05/2015 19/06/2015 Wales (Wales) Bill undertaking an inquiry into the general principles of the Historic Environment (Wales) Bill.

The terms of reference for the Committee’s inquiry are:

To consider— the general principles of the Historic Environment (Wales) Bill and the need for legislation with the aim of: giving more effective protection to listed buildings and scheduled monuments; enhancing existing mechanisms for the sustainable management of the historic environment; introducing greater transparency and accountability into decisions taken on the historic environment.

any potential barriers to the implementation of the Bill’s provisions and whether the Bill takes account of them, whether there are any unintended consequences arising from the Bill, the financial implications of the Bill (as set out in Part 2 of the Explanatory Memorandum), the appropriateness of the powers in the Bill for Welsh Ministers to make subordinate legislation (as set out in Chapter 5 of Part 1of the Explanatory Memorandum).

4 National Assembly for Future Funding The Finance Committee is undertaking an inquiry into Future Funding. The 05/05/2015 05/06/2015 Wales arguments around fair funding for Wales have been identified in the reports of the Holtham Commission in 2010 and Silk Commission (Part 1) in 2012, there have been more recent developments across the UK which could impact on the Welsh devolution settlement.

The Committee’s inquiry focuses on: the main weaknesses in the Welsh funding settlement and how these could be resolved; How the agreement for a reserved-powers model for Wales, and the other St David’s Day devolution proposals, could impact future funding; Reviewing developments on the issues of convergence, underfunding and Barnett reform highlighted in the Holtham and Silk reports; The financial and economic information which the UK and Welsh Governments need to provide to support future funding arrangements.

The Committee welcomes your views on the following: What are the main weaknesses in the current financial settlement for Wales? How could these weaknesses be resolved? How will upcoming changes in relation to: a reserved-powers model for Wales, and the St David’s Day devolution proposals, Smith Commission recommendations, Impact on future funding arrangements of the Welsh Government

What financial and economic information is needed by the UK and Welsh Governments to provide support for future funding arrangements? Are there any issues the Committee should be aware of in relation to developments on the issues of convergence, underfunding and Barnett reform? How could a future UK Government incorporate a needs-based approach to devolved funding? Should the financial devolution settlements of Wales and the other devolved administrations be agreed in a co-ordinated way or as a set of bilateral agreements? What principles should be adopted to guide the devolution of further fiscal powers which ensure fairness and flexibility? BBC Trust Public consultation on The BBC can only fulfil its public purposes if it has in place adequate 08/05/2015 26/06/2015 BBC Trust's distribution arrangements for making its services widely available to audiences. The framework for BBC BBC Agreement requires the BBC to do all that is reasonably practicable to services and content ensure that audiences are able to access the UK Public Services that are intended for them, or elements of their content, in a range of convenient and cost effective ways.

However, the specific requirements set out in the BBC Charter and Agreement concerning distribution do not set many rules or guiding principles for the BBC to follow to ensure that the best interests of licence fee payers are met.

5 When the Trust approved the BBC’s on-demand plans in 2007 it put in place a syndication policy to give guidance to the BBC on how and where it should make its on-demand content available. This policy was reviewed and updated in 2012 but, in recognition of the pace of developments, the Trust committed to reviewing this policy again in 2015.

We are now seeking views from interested parties on a draft distribution framework for BBC services and content, which brings together in one place the Trust’s requirements relating both to linear (broadcast) and on-demand content. This framework therefore supersedes the Trust’s syndication policy for on-demand content.

The draft framework sets out the principles and requirements that the Trust considers it necessary for the BBC to follow to maximise the value secured from its content and services and to fulfil its duty to ensure that audiences are able to access the UK public services in a range of convenient and cost effective ways and deliver the benefits of emerging communications technologies and services (the BBC’s sixth public purpose). The framework also sets out the Trust’s expectations for how the BBC and industry should engage with each other in pursuit of these aims.

The public consultation will last eight weeks and we invite responses from stakeholder organisations, other broadcasters, industry bodies and other interested parties including members of the public.

Specifically we are seeking views on: 1.Whether the proposed framework clearly establishes the roles and responsibilities of the BBC when undertaking distribution activities, and the Trust’s expectations and requirements in this area. 2.Whether the principles and requirements set out in the proposed framework provide an appropriate, sufficient and proportionate approach to govern the BBC’s distribution activities. 3.Whether there are any principles for audiences, and their ease of access to BBC services and content both now and in the future, that you feel the proposed framework doesn’t include and should and/or better reflect? 4.Whether the draft provides a clear and fair framework for industry in its dealings with the BBC in this area. National Assembly for Discussion into the Welsh The National Assembly for Wales’s Enterprise and Business 22/04/2015 04/06/2015 Wales Government's Co- Committee[Opens in a new browser window] is undertaking a discussion investment in Skills into the Welsh Government’s Co-investment in Skills framework. Framework The Welsh Government’s Co-investment in skills framework began being implemented at the start of April 2015: To what extent will the policy of co-investment help to meet the Welsh Government’s aim of “ensuring that Wales develops a competitive edge in mobilising a productive and skilled workforce”? Will employers engage with the principle of co-investment? Are levels of training likely to increase or decrease as a result? What impact (if any) will increased financial investment from employers have on the quality and relevance to the labour markets of training courses?

6 As part of these suggested Terms of Reference, the Committee may wish to consider: Whether any additional training should be exempt from co-investment for example for new start-up businesses; Are there alternative methods of sharing the costs of training, for example a training levy? The use of European funding. Welsh Government Welsh Government Draft This twelve week consultation seeks views on what should be the Welsh 20/04/2015 10/07/2015 Equality Objectives for Government’s Equality Objectives to be included in its Strategic Equality 2016-2020 Plan 2012-16.

We will be running workshops in our offices across Wales during the consultation period. Dates and venues are listed below. If you would like to attend please get in touch by using the attached booking form. Spaces are limited and will be allocated on a first come basis.

◾27 May – Conference room 6, Cathays Park, Cardiff ◾9 June – Rhufoniog A1.21, Llandudno Junction ◾15 June – Conference room 6, Cathays Park, Cardiff ◾19 June – Cothi, Penllergaer, Swansea

WCVA will be submitting a response to this consultation. If you have any comments that you would like us to include in our response please email them to [email protected] by 29 May 2015 Welsh Government Future arrangements for The purpose of this consultation is to seek views on the future Welsh 20/04/2015 10/07/2015 the Welsh Government’s Government funding framework for equality and inclusion. Equality and Inclusion Programme for 2017- We particularly want to engage with the Third Sector and organisations 2020 representing those with protected characteristics, as well as with interested individuals to ensure we hear the views of people with protected characteristics. We want to understand how the funding framework can best support organisations to remove the barriers which people face.

We will be running workshops in our offices across Wales during the consultation period. Dates and venues are listed below. If you would like to attend please get in touch by using the attached booking form. Spaces are limited and will be allocated on a first come basis.

◾27 May – Conference room 6, Cathays Park, Cardiff ◾9 June – Rhufoniog A1.21, Llandudno Junction ◾15 June – Conference room 6, Cathays Park, Cardiff ◾19 June – Cothi, Penllergaer, Swansea

WCVA will be submitting a response to this consultation. If you have any comments that you would like us to include in our response please email them to [email protected] by 29 May 2015

7 Welsh Government Proposal for the We are undertaking a consultation to seek the views on the registration of 01/04/2015 01/07/2015 registration of school school learning support workers with the Education Workforce Council from learning support workers April 2016, and the job titles/roles that may fall under the definition of a with the Education learning support worker. Workforce Council

Welsh Government Proposals for the Basic This consultation presents alternative proposals for the implementation of 31/03/2015 23/06/2015 Payment Scheme the Basic Payment Scheme (BPS) to replace the three region system announced in January 2014.

The proposals have been considered by stakeholder groups including the main farming industry organisations.

The consultation describes three options, sets out the Welsh Government's preferred option, and asks you to choose which you prefer and to say why. Welsh Government Consultation on the The Agricultural Sector (Wales) Act 2014 places a duty on the Welsh 27/03/2015 19/06/2015 Agricultural Advisory Ministers to establish the Agricultural Advisory Panel for Wales with the aim Panel for Wales - 2015 of providing further support to the professional functioning of the agricultural industry.

This consultation exercise seeks views on the membership and operation of the Panel.

Welsh Government Consultation on a Private We are consulting on the Code of Practice for Landlords and Agents in 27/03/2015 22/05/2015 Rented Sector Code of relation to the provisions introduced in Part 1 of the Housing (Wales) Act Practice for Landlords 2014. and Agents The Housing (Wales) Act received Royal Assent on 17 September 2014. Part 1 of the Act includes provisions which introduce a mandatory licensing scheme for people involved in the letting and management of residential properties in Wales.

Part of the conditions of a licence granted by the Licensing Authority is for the licence holder to abide by a Code of Practice issued by the Welsh Ministers. This consultation seeks views on the content of that Code of Practice. Welsh Government Proposed changes to the Read and comment on our proposals to amend the Environmental Impact 26/03/2015 18/06/2015 Environmental Impact Assessment Regulations and procedures associated with making Local Assessment Regulations Development Orders. and Local Development Orders The consultation paper proposes the following: 1.Raising the screening thresholds for Schedule 2 “urban development projects” and “industrial estate projects”. 2.Measures to respond to recent case law and implement the Geological Storage Directive. 3.Amendments to legislation associated with Local Development Orders (LDOs) in order to allow local planning authorities (LPAs) to make LDOs for

8 Schedule 2 EIA development. 4.Specific provision in the EIA Regulations for discontinuance and modification orders.

Department for Batteries and packaging Seeking views on changing the laws on batteries and packaging waste. Also 27/03/2015 22/05/2015 Environment, Food waste: reducing the a call for evidence on recycling of plastics and household waste. and Rural Affairs burden for producers We want to know what you think about our plans to amend the regulations for producer responsibility for batteries and packaging waste.

Producers of batteries and packaging must pay for collecting, treating, recycling and recovering a proportion of their products. The proposed changes reduce the administrative burden of meeting these obligations. They amend: •Waste Batteries and Accumulators Regulations 2009 •Producer Responsibility Obligation (Packaging Waste) Regulations 2007 •Producer Responsibility Obligations (Packaging Waste) Regulations (Northern Ireland) 2007

We are also seeking evidence that will help us review the business target for recycling waste plastic packaging. In particular, evidence that will help us draw better links to the 2020 target for recycling household waste. Department for The balance of payments A consultation seeking evidence on the balance on payments between 26/03/2015 16/06/2015 Culture, Media and between television television platforms and public service broadcasters. Sport platforms and public service broadcasters: Consultation Paper

Law Commission Technical Issues in On 20 March 2015 we published a consultation paper on technical issues in 20/03/2015 03/07/2015 Charity Law charity law.

This project originated from our Eleventh Programme of Law Reform. Part of the project is a review of the procedures by which charities governed by Royal Charter and by Act of Parliament amend their governing documents. The remainder of the project comprises certain issues arising out of the review of the Charities Act 2006 conducted by Lord Hodgson of Astley Abbotts regarding:

•the procedures by which charities change their purposes and the administrative provisions of their governing documents; •the application of property cy-près, including the application cy-près of the proceeds of fundraising appeals; •the regulation of the acquisition, disposal and mortgage of land by charities; •the remuneration of a trustee of a charity for the supply of goods to the 9 charity; •the power to award an equitable allowance to a trustee who has obtained an unauthorised profit; •the power for trustees to make ex gratia payments out of the funds of the charity; •the transfer of assets and liabilities on incorporation and merger, and gifts made by will to charities that have merged; •the availability of property held on charitable trust in the insolvency of a trustee; •the power of the Charity Commission to require a charity to change its name, and to refuse to register a charity unless it changes its name; •the power for the Charity Commission to determine the identity of the trustees of a charity; and •certain powers of the Charity Tribunal.

We consider all of these issues in the consultation paper. We also examine the law relating to the use of permanent endowment, and consider whether there are other approaches that would allow permanent endowment to be used more flexibly.

In some instances we have come to the view that the law should be reformed and we make provisional proposals to that effect; in others we ask consultees whether there is a need for reform and, if so, how that might be achieved. We also ask consultees to share their experiences of the application of the law in practice. We have been mindful throughout of the need for a proportionate system of legal regulation for charities – a system that provides trustees with flexibility and freedom when carrying out the purposes of the charity without exposing the charity’s assets, its beneficiaries and its trustees to undue levels of risk.

WCVA will be submitting a response to this consultation. If you have any comments that you would like us to include in our response please email them to [email protected] by Friday 5 June 2015

Welsh Government Changes to the This consultation sets out proposals to extend the regulation of childcare. 16/03/2015 05/06/2015 registration of childcare provision in Wales Currently childcare providers are only required to register if they care for children under the age of 8. We propose changes to require childcare providers to register if caring for children under the age of 16, or 17 if disabled.

Childcare provision plays a crucial role in the lives of Welsh families by enabling parents and carers to access training and employment opportunities, which in turn can assist families in moving out of poverty. As well as supporting families, high quality childcare provision can also have a positive influence on a child's development and future attainment. By ensuring childcare provision is subject to appropriate and proportionate regulation and registration requirements, critical assurances around the safety and quality of the care children receive are provided.

10 Welsh Government Exemptions to the Council This consultation seeks views on proposals for Welsh Ministers to exempt 13/03/2015 13/06/2015 Tax Premium on Second certain categories of dwelling from the additional Council Tax on second Homes in Wales homes in Wales.

Welsh Government Exemptions to the Council This consultation seeks views on proposals for Welsh Ministers to exempt 13/03/2015 13/06/2015 Tax Premium on Long- certain categories of dwelling from the additional Council Tax on Long-Term Term Empty Homes in Empty Homes in Wales. Wales.

Welsh Government Developing a Landfill The Wales Act 2014 sets out new fiscal powers for Wales and devolves a 24/02/2015 19/05/2015 Disposals Tax range of tax powers.

The devolution of these powers will allow us to develop an approach which is better suited to Welsh circumstances and priorities.

This consultation covers: ◾tax rates and taxable disposals ◾proposals for improving tax compliance and enforcement ◾options to simplify and modernise tax administration ◾whether and how a proportion of Landfill Disposals Tax receipts could be used to enhance community wellbeing. Your Assembly Vote @16? Should the voting age be lowered to 16? 20/11/2014 02/06/2015 We want to create a national conversation on lowering the voting age in Wales. Lots of work has been done across the United Kingdom on the topic of voting at 16, but nothing as ambitious as this national conversation focusing solely on young people in Wales, has ever been carried out.

We want as many young people as possible to take part in the consultation. We want to hear from 11-25 year olds from a diverse range of backgrounds; we want the consultation to be accessible to all.

Get involved by completing our ‘Vote @16?’ survey You can also contact us: By email: [email protected] On Twitter: @YourAssembly #Vote16Wales Through facebook: Your Assembly – Your Say, Your Way