Legalize / United Kingdom / Wales / Act of Senedd Cymru

Violence against Women, Domestic Abuse and Sexual Violence (Wales) Act 2015

Type Act of Senedd Cymru

Publication 2015-04-29

State In force

Jurisdiction Wales

Department Statute Law Database

Source legislation.gov.uk

Reform history JSON API

Introduction

The purpose of this Act

1

(1) The purpose of this Act is to improve—

(a) arrangements for the prevention of gender-based violence, domestic abuse and sexual violence;

(b) arrangements for the protection of victims of gender-based violence, domestic abuse and sexual violence;

(2) See section 24 for the definitions of “gender-based violence”, “domestic abuse” and “sexual violence”.

Violence against women and girls

2

(1) A person exercising relevant functions must have regard (along with all other relevant matters) to the need to remove or minimise any factors which—

(a) increase the risk of violence against women and girls, or

(b) exacerbate the impact of such violence on victims.

(2) In this section—

“relevant functions” (“swyddogaethau perthnasol”) means the functions under sections 3, 4, 5, 6, 7(2), 8, 10, 11, 15, 16(1), 17, 19, 20, 21, 22(1) and (4), but it does not include any functions exercisable under section 5 by a person who is neither a local authority nor a Local Health Board;

“violence against women and girls” (“trais yn erbyn menywod a merched”) means gender-based violence, domestic abuse and sexual violence where the victim is female.

National strategy

Duty to prepare, publish and review a national strategy

3

(1) The Welsh Ministers must prepare and publish a strategy (a “national strategy”) which—

(a) specifies objectives that the Welsh Ministers consider will, if achieved, contribute to the pursuit of the purpose of this Act;

(b) specifies the periods of time within which the Welsh Ministers expect to achieve the specified objectives;

(2) The Welsh Ministers may specify objectives relating to Wales or any part of Wales.

(3) The first national strategy must be published no later than 6 months after the date on which the first general election is held following the commencement of this section.

(4) No later than 6 months after the date of each subsequent general election, the Welsh Ministers must review the national strategy.

(5) The Welsh Ministers may review the national strategy at any other time.

(6) If the Welsh Ministers decide to revise the national strategy following a review, they must publish the revised strategy as soon as is reasonably practicable.

(7) The Welsh Ministers must consult such persons as they consider appropriate before—

(a) publishing the first national strategy under this section;

(b) revising the national strategy.

(8) In this section, “general election” means—

(a) the poll held at an ordinary general election under section 3 of the Government of Wales Act 2006 (c.32), or

(b) the poll held at an extraordinary general election under section 5 of that Act.

Duty to implement the national strategy

4

The Welsh Ministers must, in exercising their functions, take all reasonable steps to achieve the objectives specified in the most recently published national strategy.

Local strategies

Duty to prepare local strategies

5

(1) A local authority and a Local Health Board any part of whose area lies within the area of the local authority must jointly prepare a strategy (“a local strategy”) for the local authority's area.

(2) A local strategy must—

(a) specify objectives which the local authority and the Local Health Board consider will, if achieved, contribute to the pursuit of the purpose of this Act;

(b) specify the periods of time within which the local authority and the Local Health Board propose to achieve the specified objectives;

(c) identify the actions the local authority and the Local Health Board propose to take to achieve the specified objectives.

(3) A local authority and a Local Health Board may specify objectives relating to the whole of the authority's area or any part of it.

(4) A local strategy may also include provision relating to specific action which the local authority and the Local Health Board expect to be taken in relation to the local authority's area by—

(a) any public authority with functions which are capable of contributing to the pursuit of the purpose of this Act, or

(b) any voluntary organisation or other person whose activities are capable of contributing to the pursuit of that purpose.

(5) But the inclusion in a local strategy of any provision relating to action mentioned in subsection (4) requires the approval of the body or person concerned.

(5A) A local strategy or revised strategy may be published by including it within a local well-being plan published under section 39 , 44(5) or 47(6) or (11) of the Well-being of Future Generations (Wales) Act 2015 (anaw 2) by a public services board of which both the local authority and the Local Health Board is a member.

Publication and review of local strategies

6

(1) A local authority and a Local Health Board's first local strategy must be published no later than one year after the date on which the first ordinary election is held following the date on which section 5(1) is commenced.

(2) No later than one year after the date of each subsequent ordinary election, a local authority and Local Health Board must review their local strategy.

(3) A local authority and a Local Health Board—

(a) may review their local strategy at any other time, and

(b) must review their local strategy if directed to do so in writing by the Welsh Ministers.

(4) A direction under subsection (3)(b) must state the reasons for giving the direction.

(5) If a local authority and a Local Health Board decide to revise their local strategy following a review, they must publish the revised strategy as soon as is reasonably practicable.

(6) A local authority and Local Health Board must consult such persons as they consider appropriate before—

(a) publishing their first local strategy;

(b) revising their local strategy.

(7) In this section, “ordinary election” means an election held under section 26 of the Local Government Act 1972 (c.70) (elections of councillors to local authorities).

Matters to which regard must be had in preparing or reviewing a local strategy

7

(1) In preparing and reviewing a local strategy, a local authority and Local Health Board must have regard to—

(a) the most recently published national strategy;

(b) the most recent assessment for the local authority's area under section 14 of the Social Services and Well-being (Wales) Act 2014 (anaw 4) (assessment of needs for care and support, support for carers and preventative services);

(c) the most recent strategic assessment prepared in accordance with regulations under section 6 of the Crime and Disorder Act 1998 (c.37) relating to reducing crime and disorder in the local authority area;

(d) the most recent strategic assessment prepared in accordance with regulations under that section relating to combating substance misuse in the local authority area;

(e) the most recent strategic assessment prepared in accordance with regulations under that section relating to the reduction of re-offending in the local authority area.

(2) The Welsh Ministers may by regulations make provision for and in connection with requiring—

(a) a local authority and Local Health Board to have regard to anything specified in the regulations when preparing or reviewing a local strategy;

(b) a local authority or a Local Health Board to conduct further assessments for the purpose of this Act in relation to any matter specified in the regulations.

(3) The power to make regulations in subsection (2) is to be exercised by statutory instrument.

(4) A statutory instrument containing regulations made under subsection (2) is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

Duty to implement local strategies

8

(1) A local authority must, in exercising its functions, take all reasonable steps to achieve the objectives specified in the most recently published local strategy for its area.

(2) The Local Health Board with which the authority prepared that strategy must, in exercising its functions, take all reasonable steps to achieve the objectives specified in the strategy.

Education

Information about educational provision to promote the purpose of this Act

9

(1) The Education Act 1996 (c.56) is amended as follows.

(2) In section 29, after subsection (5) insert—

(6A) The Welsh Ministers may, by regulations, require local authorities in Wales to publish prescribed information, at such times and in such manner as may be prescribed, for the purpose of providing information to the public about whether, and if so how, local authority education functions are being exercised to promote the purpose of the Violence against Women, Domestic Abuse and Sexual Violence (Wales) Act 2015 (see section 1 of that Act).

(3) In section 408—

(a) in subsection (4)(f), omit “and”;

(b) in subsection (4)(g), after “409” insert “ ; and ”;

(h) in so far as subsection (1) applies in relation to Wales, sections 403 and 404

;

(d) after subsection (8), insert—

(8A) In exercising their functions under subsection (1), the Welsh Ministers must have regard to the desirability of information being available to parents and others about whether, and if so how, any parts of the curriculum and any educational provision at maintained schools (other than maintained nursery schools) promote the purpose of the Violence against Women, Domestic Abuse and Sexual Violence (Wales) Act 2015 (see section 1 of that Act).

(4) In section 569(2B), after “sections” insert “ 29(6A), ”.

Guidance to further and higher education institutions

10

(1) The Welsh Ministers may issue guidance to the governing bodies of institutions in Wales within the further education sector on how the bodies may contribute to the pursuit of the purpose of this Act.

(2) The Higher Education Funding Council for Wales (“HEFCW”) may issue guidance to the governing bodies of institutions in Wales within the higher education sector on how the bodies may contribute to the pursuit of the purpose of this Act.

(3) But the Welsh Ministers and HEFCW may not issue guidance under this section—

(a) which is directed at a particular institution,

(b) in respect of courses or programmes of research (including the contents of such courses or programmes or the manner in which they are taught, supervised or assessed),

(d) in respect of the criteria for the selection and appointment of academic staff.

(4) A governing body to which guidance is issued under this section must have regard to it.

(5) Before issuing guidance under this section the Welsh Ministers and HEFCW must consult such persons as they consider appropriate.

(6) Guidance issued under this section must be published.

(7) For the purposes of this section, an institution—

(a) is in Wales if its activities are carried on wholly or principally in Wales,

(b) is within the further education sector if it falls within section 91(3) of the Further and Higher Education Act 1992 (c.13) (“the 1992 Act”), and

(8) Until 31 August 2017, “institution within the higher education sector” also includes a university which is treated as being a regulated institution for the purpose of the transitional provision made by Part 2 of the Schedule to the Higher Education (Wales) Act 2015 (anaw 1).

(9) In this section “governing body” has the meaning given by section 90 of the 1992 Act.

Measuring performance towards achieving the purpose of this Act

National indicators

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(1) The Welsh Ministers must—

(a) publish indicators (“national indicators”) that may be applied for the purpose of measuring progress towards the achievement of the purpose of this Act;

(b) lay a copy of the national indicators before the National Assembly.

(2) A national indicator—

(a) must be expressed as a value or characteristic that can be measured quantitatively or qualitatively against a particular outcome;

(b) may be measured over such period of time as the Welsh Ministers consider appropriate;

(3) The Welsh Ministers may review and revise the national indicators at any time.

(4) Where the Welsh Ministers revise the national indicators under subsection (3), they must as soon as reasonably practicable—

(a) publish the indicators as revised, and

(b) lay a copy of them before the National Assembly.

(5) Before publishing national indicators (including indicators revised under subsection (3)), the Welsh Ministers must consult such persons as they consider appropriate.

Annual progress reports by the Welsh Ministers

12

(1) The Welsh Ministers must, in respect of each financial year, publish a report—

(a) of the progress they have made towards achieving the objectives in the national strategy;

(b) of the progress made towards achieving the purpose of this Act in Wales by reference to the national indicators published under section 11.

(2) Where the Welsh Ministers have revised the national strategy during the period to which the report relates, the report must include an explanation of the reasons for the revision.

(3) Any report under this section published during the period of 12 months beginning with the date of a general election must contain predictions of likely future trends and any other analytical data and information relating to the purpose of this Act that the Welsh Ministers consider appropriate.

(4) In subsection (3), the reference to the date of a general election is to the date on which an ordinary general election is held under section 3 of the Government of Wales Act 2006 (c.32) (or would be apart from section 5(5) of that Act).

(5) A report under this section must be published and laid before the National Assembly as soon as reasonably practicable following the end of the financial year to which the report relates.

Annual progress reports by local authorities and Local Health Boards

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(1) A local authority and Local Health Board must publish, in respect of each financial year, a report of the progress they have made in achieving the objectives specified in their local strategy.

(2) Where a local authority and a Local Health Board have revised their strategy during the period to which the report relates, the report must include an explanation of the reasons for the revision.

(3) A report under this section must be published as soon as reasonably practicable following the end of the financial year to which the report relates.

Guidance and directions in relation to the purpose of this Act

Meaning of “relevant authority”

14

In this Act, “relevant authority” means—

(a) a local authority;

(b) a Local Health Board;

(c) a fire and rescue authority in Wales constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 (c.21), or a scheme to which section 4 of that Act applies;

(d) a National Health Service trust established under section 18 of the National Health Service (Wales) Act 2006 (c.42).

Power to issue statutory guidance

15

(1) The Welsh Ministers may issue guidance to a relevant authority on how the authority should exercise its functions with a view to contributing to the pursuit of the purpose of this Act (“statutory guidance”).

(2) The statutory guidance may, amongst other things, address—

(a) steps an authority may take to increase awareness of, or change attitudes in relation to, gender-based violence, domestic abuse and sexual violence (for example, by designating a member of staff for that purpose or undertaking or assisting with a programme of public education);

(b) the commissioning by relevant authorities of specialist advice or other assistance relating to gender-based violence, domestic abuse or sexual violence;

(c) the circumstances in which it is appropriate for persons acting on behalf of a relevant authority to ask a person if he or she is suffering or at risk of gender-based violence, domestic abuse and sexual violence;

(d) the action that is appropriate where a person acting on behalf of a relevant authority has reason to suspect that a person is suffering or at risk of gender-based violence, domestic abuse and sexual violence;

(e) workplace policies to promote the well-being of employees of relevant authorities who may be affected by gender-based violence, domestic abuse and sexual violence;

(f) training for the members and staff of a relevant authority;

(g) the sharing of information between relevant authorities or by a relevant authority with another person;

(h) co-operation between relevant authorities or between a relevant authority and other persons.

(3) The Welsh Ministers—

(a) may issue statutory guidance to relevant authorities generally or to one or more particular authorities;

(b) may issue different statutory guidance to different relevant authorities;

(d) may revoke statutory guidance by issuing a notice to the relevant authority to which it is directed.

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