Explanatory note

These Regulations permit the National Assembly for Wales to require any person listed in regulation 2(3) to provide an explanation to the Assembly of any thing listed in regulation 2(1), for example a document removed from premises by a authorised Assembly inspector under section 99 of the Health and Social Care (Community Health and Standards) Act 2003 (“the 2003 Act”).

The Assembly may only impose a requirement to explain under these Regulations where it considers the explanation necessary or expedient for the purposes of Chapter 6 of Part 2 of the 2003 Act. Under that Chapter the Assembly has the function of encouraging improvement in the provision of Welsh local authority social services and undertaking reviews of and investigations into the way in which Welsh local authorities discharge their social services functions. The Assembly must also comply with regulation 2(2) when imposing a requirement to explain.

Section 101(3) of the 2003 Act has the effect that a person who without reasonable excuse fails to comply with any requirement imposed under these Regulations is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.