Carers Strategies (Wales) Measure 2010

Document Number:2010 nawm 5

A MEASURE of the National Assembly for Wales to make provision for and in connection with the publication and implementation of strategies for the provision of information to, and consultation of, carers.

This Measure, passed by the National Assembly for Wales on 21 September 2010 and approved by Her Majesty in Council on 10 November 2010 , enacts the following provisions:—

1 Carers

(1) In this Measure “carer” means an individual who provides or intends to provide a substantial amount of care on a regular basis for—

(a) a child who is disabled within the meaning of Part 3 of the Children Act 1989 , or

(b) an individual aged 18 or over.

(2) But “carer” does not include an individual who provides or intends to provide that care—

(a) by virtue of a contract of employment or other contract with any person, or

(b) as a volunteer for any body (whether or not incorporated).

(3) In this Measure any reference, in relation to a carer, to “the person cared for” is a reference to the person for whom the carer provides the care or intends to provide the care.

2 Duty to produce strategy

(1) The Welsh Ministers may by regulations require a relevant authority, or two or more relevant authorities to prepare and publish a strategy setting out how the authority will work, or the authorities will work together—

(a) to provide appropriate information and advice to carers,

(b) to ensure that, where it falls to an authority to decide what services (if any) are to be provided to or for a carer or the person cared for, the carer is consulted before that decision is made, and

(c) to ensure that each authority consults carers before it makes decisions of a general nature regarding the provision of services to or for carers and the persons they care for.

(2) Each relevant authority responsible under subsection (1) for the preparation and publication of a strategy must implement the strategy.

(3) The “relevant authorities” are—

(a) any Local Health Board established under section 11 of the National Health Service (Wales) Act 2006 (c. 42);

(b) any NHS trust established under section 18 of that Act;

(c) any Special Health Authority established under section 22 of that Act;

(d) any county council or county borough council.

(4) For the purposes of subsection (1)(b) and (c) it does not matter who provides the services.

(5) In this Measure “responsible authority”, in relation to a strategy, means an authority which has the duty under subsection (1) to prepare and publish...

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