Explanatory note

These Regulations make provision in relation to the functions of the Children’s Commissioner for Wales (“the Commissioner”) established under Part V of the Care Standards Act 2000 (“the Act”).

Part I of the Regulations contains interpretation provisions.

Part II, in relation to the role of the Commissioner in reviewing and monitoring complaints, whistle-blowing and advocacy arrangements, prescribes the kind of advice and support for children arrangements for the provision of which are to be subject to the Commissioner’s jurisdiction (regulation 2). It also confers power on the Commissioner to require information from prescribed persons (regulation 3).

Part III confers functions on the Commissioner concerning the examination of cases of particular children to whom Part V of the Act applies (regulation 4); specifies the types of case which may be examined (regulation 5) and the circumstances in which an examination may be made (regulation 6); makes provision for the conduct of an examination (regulation 7), as to the provision of information to the Commissioner in connection with an examination (regulation 8), and as to attendance before the Commissioner in person (regulation 9).

Part IV confers power on the Commissioner to provide financial and other assistance to children to whom Part V of the Act applies, prescribes the proceedings and procedures in relation to which such assistance may be given (regulation 10) and provides for conditions which may be imposed in connection with the provision of assistance (regulation 11).

Part V makes further provision for the arrangements relating to the Commissioner’s relationship with children (regulation 12).

Part VI makes provision for specific reports and action to follow them up (regulations 13 and 14), as to annual reports (regulation 15) and as to publication of reports (regulation 16).

Part VII contains miscellaneous provisions as to the restrictions on the exercise of certain functions where they overlap with functions of other bodies which are prescribed (regulation 17); to set the period of the initial and succeeding financial years (regulation 18); as to the way in which information is produced (regulation 19), as to payment of expenses and allowances in relation to the production of information (regulation 20) and as to the construction of certain references to children (regulation 21). Finally, the Regulations impose a duty on the Commissioner, in exercising his or her functions, to have regard to the United Nations Convention on the Rights of the Child (regulation 22)