The Partnership Arrangements (Wales) Regulations 2015

Made: 2 December 2015

Coming into force in accordance with regulation 1(2)

A draft of these Regulations was laid before the National Assembly for Wales under section 196(6) of that Act and has been approved by a resolution of the National Assembly for Wales.

Title, commencement, application and interpretation

1

• (1) The title of these Regulations is the Partnership Arrangements (Wales) Regulations 2015.

• (2)

• (a) These Regulations come into force on 6 April 2016 except sub-paragraph (a) of regulation 19(1);

• (b) sub-paragraph (a) of regulation 19(1) comes into force on 6 April 2018.

• (3) These Regulations apply in relation to Wales.

• (4) In these Regulations—

• “the Act” (“y Ddeddf”) means the Social Services and Well-being (Wales) Act 2014;

• “area plan” (“cynllun ardal”) means the plan which a relevant body is required to prepare in accordance with section 14A(2) of the Act;

• “the Citizen Voice Body” (“Corff Llais y Dinesydd”) means the Citizen Voice Body for Health and Social Care established under section 12(1) of the Health and Social Care (Quality and Engagement) (Wales) Act 2020;

• “family support functions” (“swyddogaethau cymorth i deuluoedd”) means the functions specified in regulation 15;

• “joint area plan” (“cynllun ardal ar y cyd”) means an area plan which has been prepared by a relevant body jointly with another relevant body in accordance with the powers in section 14A(4) or (5) of the Act;

• “older people” (“pobl hŷn”) means persons aged 65 or over;

• “partnership arrangements” (“trefniadau partneriaeth”) means the partnership arrangements which are required to be made by partnership bodies in accordance with regulations 2 to 8;

• “partnership bodies” (“cyrff partneriaeth”) are those bodies which are required by regulations 2 to 8 to enter into partnership arrangements;

• “regional partnership board areas” means each of the respective areas in which partnership bodies are required to enter into partnership arrangements under the direction of a regional partnership board;

• “regional partnership boards” (“byrddau partneriaeth rhanbarthol”) means the boards required to be established by partnership bodies in accordance with regulations 2 to 8;

• “specified functions” (“swyddogaethau penodedig”) means the functions specified in regulation 9.

Regional Partnership Boards

Partnership arrangements under the direction of Gwent regional partnership board

2

• (1) Partnership arrangements for carrying out the specified functions must be made by the following bodies—

• Aneurin Bevan University Health Board

• Monmouthshire County Council

• Newport City Council

• Torfaen County Borough Council

• Blaenau Gwent County Borough Council

• Caerphilly County Borough Council.

• (2) These bodies must together establish a partnership board in respect of the partnership arrangements required to be made by this regulation, to be known as Gwent regional partnership board.

• (3) The partnership arrangements required to be made by this regulation must be carried out under the direction of Gwent regional partnership board.

Partnership arrangements under the direction of North Wales regional partnership board

3

• (1) Partnership arrangements for carrying out the specified functions must be made by the following bodies—

• Betsi Cadwaladr University Health Board

• Flintshire County Council

• Wrexham County Borough Council

• Isle of Anglesey County Council

• Gwynedd County Council

• Denbighshire County Council

• Conwy County Borough Council.

• (2) These bodies must together establish a partnership board in respect of the partnership arrangements required to be made by this regulation, to be known as North Wales regional partnership board.

• (3) The partnership arrangements required to be made by this regulation must be carried out under the direction of North Wales regional partnership board.

Partnership arrangements under the direction of Cardiff and Vale regional partnership board

4

• (1) Partnership arrangements for carrying out the specified functions must be made by the following bodies—

• Cardiff and Vale University Health Board

• Cardiff City and County Council

• Vale of Glamorgan Council.

• (2) These bodies must together establish a partnership board in respect of the partnership arrangements required to be made by this regulation, to be known as Cardiff and Vale regional partnership board.

• (3) The partnership arrangements required to be made by this regulation must be carried out under the direction of Cardiff and Vale regional partnership board.

Partnership arrangements under the direction of West Glamorgan regional partnership board (“bwrdd partneriaeth rhanbarthol Gorllewin Morgannwg”)

5

• (1) Partnership arrangements for carrying out the specified functions must be made by the following bodies—

• Swansea Bay University Local Health Board

• Swansea City and County Council

• ...

• Neath Port Talbot County Borough Council.

• (2) These bodies must together establish a partnership board in respect of the partnership arrangements required to be made by this regulation, to be known as West Glamorgan regional partnership board.

• (3) The partnership arrangements required to be made by this regulation must be carried out under the direction of West Glamorgan regional partnership board.

Partnership arrangements under the direction of Cwm Taf Morgannwg regional partnership board”. (“bwrdd partneriaeth rhanbarthol Cwm Taf Morgannwg”);

6

• (1) Partnership arrangements for carrying out specified functions must be made by the following bodies—

• Cwm Taf Morgannwg University Local Health Board

• Bridgend County Borough Council

• Rhondda Cynon Taf County Borough Council

• Merthyr Tydfil County Borough Council.

• (2) These bodies must together establish a partnership board in respect of the partnership arrangements required to be made by this regulation, to be known as Cwm Taf Morgannwg regional partnership board.

• (3) The partnership arrangements required to be made by this regulation must be carried out under the direction of Cwm Taf Morgannwg regional partnership board.

Partnership arrangements under the direction of the West Wales regional partnership board

7

• (1) Partnership arrangements for carrying out the specified functions must be made by the following bodies—

• Hywel Dda University Health Board

• Pembrokeshire County Council

• Carmarthenshire County Council

• Ceredigion County Council..

• (2) These bodies must together establish a partnership board in respect of the partnership arrangements required to be made by this regulation, to be known as West Wales regional partnership board.

• (3) The partnership arrangements required to be made by this regulation must be carried out under the direction of West Wales regional partnership board.

Partnership arrangements under the direction of Powys regional partnership board

8

• (1) Partnership arrangements for carrying out the specified functions must be made by the following bodies—

• Powys Teaching Health Board

• Powys County Council.

• (2) These bodies must together establish a partnership board in respect of the partnership arrangements required to be made by this regulation, to be known as Powys regional partnership board.

• (3) The partnership arrangements required to be made by this regulation must be carried out under the direction of Powys regional partnership board.

Specified functions

9

The functions to be carried out in accordance with the partnership arrangements are the functions described in Schedule 1.

Objectives of regional partnership boards

10

The objectives of a regional partnership board are—

• (a) to ensure that the partnership bodies work effectively together to—

• (i) respond to the population assessment carried out in accordance with section 14 of the Act, ...

• (ii) implement the plans for each of the local authority areas covered by the board which local authorities and local health boards are each required to prepare and publish under section 14A of the Act[^f00002]... ,

• (iii) respond to the market stability report which local authorities are required to prepare and publish under section 144B(1) of the Act,

• (iv) promote social enterprises, co-operatives, user-led services and the third sector (in accordance with a local authority’s duty under section 16 of the Act) when responding to a market stability report, and when implementing an area plan, or a joint area plan,

• (v) promote and facilitate the participation of children under the age of 18 in relation to decisions which affect them that are made in the exercise of the partnership arrangements (in accordance with a local authority’s duty under section 12 of the Children and Families (Wales) Measure 2010), and

• (vi) promote the development of integrated health and social services arrangements;

• (b) to ensure that the partnership bodies provide sufficient resources for the partnership arrangements, in accordance with their powers under section 167 of the Act;

• (c) to promote the establishment of pooled funds where appropriate... ;

• (d) to work with the Citizen Voice Body to promote the involvement of people who need care and support, and carers, in the work of the partnership arrangements.

Membership of regional partnership boards

11

• (1) Membership of a regional partnership board must include the following—

• (a) at least one elected member of a local authority which established the regional partnership board;

• (b) at least one member of a Local Health Board which established the regional partnership board;

• (c) the person appointed as director of social services under section 144 of the Act in respect of each local authority which established the regional partnership board, or his or her nominated representative;

• (d) at least one representative of the Local Health Board which established the regional partnership board;

• (e) at least two people who represent the interests of third sector organisations in the area covered by the regional partnership board;

• (f) at least one person who represents the interests of care providers in the area covered by the regional partnership board;

• (g) at least one person to represent people with needs for care and support in the area covered by the regional partnership board;

• (h) at least one person to represent carers[^f00003] in the area covered by the regional partnership board ;

• (i) at least one senior local authority officer responsible for housing including the responsibility for or links to capital investment in housing, in the area covered by the regional partnership board;

• (j) at least one person who represents registered social landlords in the area covered by the regional partnership board;

• (k) at least one senior local authority officer who has responsibility for education in the area covered by the regional partnership board... ;

• (l) a representative of the Welsh Ambulance Services University National Health Service Trust;

• (m) at least one person to represent the interests of the providers of primary care services in the area covered by the regional partnership board;

• (n) at least one person to represent the interests of workers who provide health or social care services in the area covered by the regional partnership board;

• (o) at least one person to represent the County Voluntary Councils which represent the area covered by the regional partnership board.

• (1A) A regional partnership board must invite a representative of the Citizen Voice Body to be an independent observer member of the board.

• (1B) A regional partnership board may invite such other persons to be independent observer members of the board as it thinks appropriate.

• (1C) An independent observer member who is appointed under paragraph (1A) or (1B)—

• (a) must agree to being appointed to the board to serve in that capacity;

• (b) may participate in any meeting of the board but is not entitled to vote at any meeting of the board on any question that falls to be decided at that meeting;

• (c) must not be counted in any quorum for a meeting of the board.

• (2) A regional partnership board may co-opt such other persons to be members of the board as it thinks appropriate.

• (3) The partnership bodies may pay remunerations and allowances to members of regional partnership boards.

• (4) For the purpose of this regulation—

• “care provider” (“darparwr gofal”) means—a person who is registered under Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 to provide a regulated service (within the meaning of that Act), anda person registered under Part 2 of the Care Standards Act 2000 in respect of a establishment or agency (within the meaning of that Act);

• “primary care services” (“gwasanaethau gofal sylfaenol”) means the services provided as part of the national health service pursuant to arrangements made by Local Health Boards in accordance with Parts 4 to 7 of the National Health Service (Wales) Act 2006;

• “registered social landlord” (“landlord cymdeithasol cofrestredig”) means a Welsh body registered with the Welsh Ministers under Part 1 of the Housing Act 1996;

• “third sector organisation” (“sefydliad trydydd sector”) has the same meaning as in section 16(2) of the Act.

Reports

12

• (1) Regional partnership boards must prepare a report on the extent to which the board’s objectives in regulation 10 have been achieved and submit this report to the Welsh Ministers.

• (2) The first report must be prepared and submitted by 1 April 2017.

• (3) From April 2019 reports must be prepared and submitted annually no later than 30 June.

• (4) From 1 April 2025—

• (a) reports must contain—

• (i) a description of the purpose, role, membership, operating structure and the key priorities of the board,

• (ii) information on how the partnership arrangements have responded to the population assessment and the market stability report, and to the implementation of the area plan or, as the case may be, the joint area plan,

• (iii) details of how resources have been utilised (while providing information in accordance with paragraph (ii)),

• (iv) information on the ways the board has supported integration of health and social services arrangements,

• (v) information on how the board has supported improved service delivery to secure better outcomes for people,

• (vi) an account of how the board has engaged with citizens (in particular people who need care and support, carers, children and young people) in its work,

• (vii) an account of how the board has promoted the involvement of citizens in its work, and an assessment of the impact that has made on improving well-being outcomes for people within the area covered by the regional partnership board,

• (viii) information on any joint commissioning activity and the use of pooled funds in the partnership arrangements,

• (ix) information on how the partnership bodies have engaged with social enterprises, co-operatives, user-led services and third sector organisations (within the meaning of section 16(2) of the Act) in the partnership arrangements,

• (x) information on the priorities of the board for the next 12 months,

• (xi) a summary of a self-assessment report or a review undertaken in accordance with regulation 11C, and

• (xii) the results of a review undertaken in accordance with regulation 8(2) of the Care and Support (Area Planning) (Wales) Regulations 2017 (monitoring and evaluation: annual review);

• (b) each partnership body must publish on its website a report prepared by the regional partnership board under this regulation.

Information sharing

13

• (1) For the purposes of carrying out the functions being carried out in accordance with the partnership arrangements, a partnership body must share information with—

• (a) any of the other partnership bodies;

• (b) the regional partnership board.

• (2) For the purpose of carrying out the specified family support functions, an integrated family support team must share information with—

• (a) any of the partnership bodies;

• (b) the regional partnership board.

• (3) For the purposes of achieving its objectives, a regional partnership board must share information with any of the partnership bodies.