(1)The Assembly shall have the general duty of encouraging improvement in the quality of Part II services provided in Wales.
(2)The Assembly shall make information about Part II services provided in Wales available to the public.
[F1(3)The Assembly shall have such additional functions in relation to Part II services provided in Wales as may be specified in regulations made by the Assembly.
[F2(3A)But the functions which may be so specified do not include functions of making, confirming or approving subordinate legislation (as defined by section 158(1) of the Government of Wales Act 2006).]]
(4)The Assembly may charge a reasonable fee determined by it in connection with the exercise of any power conferred on it by or under this Act.
(5)The Assembly may provide training for the purpose of assisting persons to attain standards set out in any statements published by it under section 23.
[F3(6)The Assembly must have particular regard to the need to safeguard and promote the rights and welfare of children in the exercise of—
(a)its functions exercisable by virtue of [F4section 5(1)(b)] and subsections (1) to (3) of this section; and
[F5(b)any other functions exercisable by the Assembly corresponding to functions exercisable [F6by the Care Quality Commission—
(i)under Chapters 2 and 3 of Part 1 of the Health and Social Care Act 2008 in relation to health care in England, or
(ii)under the Mental Health Act 1983 in relation to England.]]]
[F7[F8(7)]In this section, “Part II services” means services of the kind provided by persons registered under Part II F9. . . ]
Textual Amendments
F1S. 8(3)(3A) substituted (1.4.2007) for s. 8(3) by Education and Inspections Act 2006 (c. 40), ss. 157, 188, Sch. 14 para. 40(2); S.I. 2007/935, art. 5
F2S. 8(3A) substituted (21.7.2008 for certain purposes and 1.4.2009 otherwise) by Health and Social Care Act 2008 (c. 14), ss. 95, 170(1)(b), Sch. 5 para. 8(2); S.I. 2009/462, art. 2, Sch. 1 para. 35
F3S. 8(6) inserted (1.4.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 109, 199; S.I. 2004/873, art. 2
F4Words in s. 8(6)(a) substituted (2.4.2018) by Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2), s. 188(1), Sch. 3 para. 6(a); S.I. 2017/1326, art. 2(3)(h), Sch. (with art. 6)
F5S. 8(6)(b) substituted (1.4.2007) by Education and Inspections Act 2006 (c. 40), ss. 157, 188, Sch. 14 para. 40(3); S.I. 2007/935, art. 5
F6S. 8(6)(b)(i)(ii) substituted (2.4.2018) by Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2), s. 188(1), Sch. 3 para. 6(b); S.I. 2017/1326, art. 2(3)(h), Sch. (with art. 6)
F7S. 8(7) (originally numbered s. 8(6)) inserted (20.11.2003 for certain purposes and 1.4.2004 otherwise) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 147, 199, Sch. 9 para. 18(3); S.I. 2004/759, art. 5(2)
F8S. 8(6) (as second appearing) renumbered as s. 8(7) (1.4.2007) by Education and Inspections Act 2006 (c. 40), ss. 157, 188, Sch. 14 para. 40(4); S.I. 2007/935, art. 5
F9Words in s. 8(7) repealed (21.7.2008 for certain purposes and 1.4.2009 otherwise) by Health and Social Care Act 2008 (c. 14), ss. 95, 170(1)(b), Sch. 5 para. 8(4); S.I. 2009/462, art. 2, Sch. 1 paras. 35, 36
Commencement Information
I1S. 8 partly in force; s. 8 not in force at Royal Assent see s. 122; s. 8 in force for W. for certain purposes at 1.7.2001 by S.I. 2001/2190, art. 2, Sch. Table; s. 8 in force for W. for certain purposes at 1.4.2002 by S.I. 2002/920, arts. 1(4), 3(3) (subject to art. 3(4)(5) and to transitional provisions in Schs. 1-3); s. 8 in force for W. for certain purposes at 30.1.2003 by S.I. 2003/152, art. 2; s. 8 in force for W. for certain purposes at 2.10.2003 by S.I. 2003/2528, art. 2; s. 8 in force for W. for certain purposes at 1.4.2004 by S.I. 2004/1015, art. 2; s. 8 in force for W. for certain purposes at 7.4.2004 by S.I. 2004/1730, art. 2