PART 4STANDARDS

CHAPTER 4STANDARDS POTENTIALLY APPLICABLE

36Persons within Schedule 6

1

This section applies to a person (P) who is within Schedule 6.

2

A standard specified by the Welsh Ministers under section 26(1) is potentially applicable to P if it belongs to a class of standard that is specified in column (2) of P’s entry in the Schedule 6 table.

3

For that purpose, each of the following is a class of standard—

a

service delivery standards;

b

policy making standards;

c

operational standards;

d

promotion standards;

e

record keeping standards.

4

This section applies for the purposes of this Part.

37Persons within Schedule 8

1

This section applies to a person (P) who is within Schedule 8.

2

A standard specified by the Welsh Ministers under section 26(1) is potentially applicable to P if, and to the extent that, the standard is—

a

a service delivery standard that relates to the provision by P of a specified service (a “qualifying service delivery standard”), or

b

a record keeping standard that relates to the keeping of records about—

i

qualifying service delivery standards,

ii

complaints concerning P’s compliance with qualifying service delivery standards, or

iii

complaints concerning the Welsh language that relate to the provision by P of specified services.

3

In this section “specified service” means a service that is specified in column (2) of P’s entry in the Schedule 8 table.

4

This section applies for the purposes of this Part.

38Amendment of standards potentially applicable

1

The Welsh Ministers may, by order, amend the Schedule 6 table and Schedule 8 table in accordance with this section.

2

The Welsh Ministers may amend the Schedule 6 table so that column (2) of an entry includes a reference to one or more of the following—

a

service delivery standards;

b

policy making standards;

c

operational standards;

d

record keeping standards.

3

The Welsh Ministers may amend the Schedule 6 table so that column (2) of any of the following entries in the table includes a reference to promotion standards—

a

the Welsh Ministers' entry;

b

a county borough council’s entry;

c

a county council’s entry;

d

a National Park authority’s entry;

e

an entry for any other person, but only if the person has given consent that promotion standards should be potentially applicable to that person.

4

For the purpose of subsection (3)—

a

“consent” means consent in writing given to the Welsh Ministers;

b

a person may withdraw consent, but only with the agreement of the Welsh Ministers;

c

if a person withdraws consent after that person’s entry has been amended to include a reference to promotion standards, the Welsh Ministers must amend the Schedule 6 table by removing the reference to promotion standards in the entry for that person.

5

The Welsh Ministers may amend the Schedule 6 table by removing any reference in column (2).

6

The Welsh Ministers may amend the Schedule 8 table so that column (2) of an entry relating to a person or category of person includes a reference to provision of a service (the “specified service”), but only if—

a

the condition in subsection (7) is met, and

b

the condition in subsection (8) or (9) is met.

7

The specified service must fall within a category of service specified in column (3) of the Schedule 7 table (an “available service”).

8

If the specified service is to relate to a person within Schedule 8, that person must fall within the category of persons in column (2) of the Schedule 7 table to which the available service relates.

9

If the specified service is to relate to a category of persons within Schedule 8, all persons within that category must fall within the category of persons in column (2) of the Schedule 7 table to which the available service relates.

10

The Welsh Ministers may amend the Schedule 8 table by removing any reference in column (2).

11

The Welsh Ministers may make such other amendments of the Schedule 6 table or Schedule 8 table, or of any other provision of this Measure, as they think appropriate in connection with, for the purposes of, or in consequence of, the powers under any of subsections (2) to (10).