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).