Explanatory note
England and Wales
(This note is not part of the Regulations)
Section 54 of the Social Services and Well-being (Wales) Act 2014 imposes a duty on a local authority to prepare and maintain a care and support plan for an adult or child to whom it owes a duty to meet needs under section 35 or 37 of the Act and to prepare a support plan for a carer to whom it owes a duty to meet needs under section 40 or 42 of the Act. These Regulations make further provision about such plans.
Regulation 2 makes provision about the training and expertise of persons who prepare, maintain or revise plans.
Regulation 3 makes provision about the content of plans, including where some or all of the person’s needs are to be met by the making of direct payments.
Regulation 4 makes provision about the review of plans and the circumstances in which a local authority must review a plan. Regulation 5 makes provision for who can request a review of a plan and the circumstances in which the local authority must comply with such a request and the circumstances in which it may refuse to do so.
Regulation 6 makes provision for the action the local authority must take following a review, depending on whether it is decided to confirm, revise or close the plan. Regulations 7 and 8 make provision for the persons to whom copies of the plan, revised plan, closure statements and other records must be given.
The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with these Regulations. A copy can be obtained by contacting the Department for Health and Social Services, Welsh Government, Cathays Park, Cardiff CF10 3NQ.