PART I General

Title, commencement and interpretation

1.—(1) The title of these Regulations is the Commissioner for Older People in Wales Regulations 2007 and they come into force on 16 February 2007.

(2) These Regulations apply in relation to Wales.

2.—(1) In these Regulations —

“the Act” (“y Ddeddf”) means the Commissioner for Older People (Wales) Act 2006(1);

“arrangements in relation to advocacy, complaints or whistle-blowing” (“trefniadau mewn perthynas ag eiriolaeth, cwynion neu chwythu'r chwiban”) means arrangements falling within subsections (4), (5) and (6) of section 5 of the Act as the case may be;

“the Assembly” (“y Cynulliad”) means the National Assembly for Wales;

“the Commissioner” (“y Comisiynydd”) means the Commissioner for Older People in Wales;

“the First Minister” (“y Prif Weinidog”) means the person appointed from time to time as the First Minister for Wales under section 46(1) of the Government of Wales Act 2006;

(2) In these Regulations, a reference —

(a) to a numbered regulation is to the regulation in these Regulations bearing that number;

(b) in a regulation to a numbered paragraph is to the paragraph in that regulation bearing that number;

(c) in a paragraph to a lettered or numbered sub-paragraph is to the sub-paragraph in that paragraph bearing that letter or number.

PART II Review of Arrangements

Prescribed advice and support

3.  The kind of advice and support prescribed for the purposes of section 5(4)(b) of the Act is —

(a) the provision of advice and support to relevant older people in Wales which is intended to enable and assist them to express their views and wishes orally or using any other means of communication, and

(b) the provision of advice (including information) to relevant older people about their rights and welfare.

Provision of information by prescribed persons

4.—(1) The Commissioner may require a person to whom paragraph (2) applies to provide to the Commissioner information, recorded in any form, which the Commissioner considers it necessary or expedient to have for the purposes of —

(a) reviewing arrangements in relation to advocacy, complaints or whistle-blowing,

(b) assessing the effect of the failure of any person to make such arrangements pursuant to section 5(3) of the Act, and

(c) determining whether a recommendation made in a report following a review of such arrangements has been complied with.

(2) The persons referred to in paragraph (1) are —

(a) in relation to the provision of regulated services in Wales, the providers or former providers of such services, employees or former employees of such providers or former providers, persons who work or worked for such providers or former providers in a voluntary capacity, and members and employees and former members and employees of the Assembly;

(b) members (including elected members), directors, executives, officers and employees of a relevant person, former members, directors, executives, officers and employees of a relevant person and persons who work or worked for a relevant person in a voluntary capacity;

(c) the receiver or manager of the property, the liquidator or provisional liquidator or the trustee in bankruptcy, as the case may be, of a person who is or has been a relevant person or who provides or provided services described in sub-paragraph (a).

(3) For the purposes of sub-paragraphs (2)(b) and (c) “relevant person” means the Assembly, any person mentioned in Schedule 3 to the Act providing services to or in respect of an older person in Wales or a person providing such services on behalf of or under arrangements with that person.