The Social Services and Well-being (Wales) Act 2014

The Social Services and Well-being (Wales) Act 2014Explanatory Memorandum

7.100Wales has passed its own legislation in this area, the Social Services and Well-being (Wales) Act 2014. It received Royal Assent on 1 May 2014 and came fully into force on 6 April 2016. Professor Luke Clements described it as “profoundly wrong” because of its austere approach.1www.communitycare.co.uk/2015/01/02/welsh-social-care-law-risks-taking-us-back-20-years-providing-bare-minimum/.

7.101The Social Services and Well-being (Wales) Act 2014 is:

•based on the White Paper, Sustainable Social Services for Wales: A Framework for Action;2http://gov.wales/docs/dhss/publications/110216frameworken.pdf.

•supplemented by regulations, codes and guidance;3For the current state of play, see www.ccwales.org.uk/the-act/. For the codes and guidance, see http://gov.wales/topics/health/socialcare/act/code-of-practice/?lang=en.

•surrounded by further information, including an Explanatory Memorandum and details of the legislative process, available on the Welsh Assembly website.4www.senedd.assembly.wales/mgIssueHistoryHome.aspx?IId=5664.

7.102As noted above, there is a useful Explanatory Note.5www.legislation.gov.uk/anaw/2014/4/contents. Explanatory Notes are admissible aids to the construction of legislation: see R v Montila.6[2004] UKHL 50, [2001] 1 WLR 3141 at paras 32–36.

1 www.communitycare.co.uk/2015/01/02/welsh-social-care-law-risks-taking-us-back-20-years-providing-bare-minimum/. »

2 http://gov.wales/docs/dhss/publications/110216frameworken.pdf. »

3 For the current state of play, see www.ccwales.org.uk/the-act/. For the codes and guidance, see http://gov.wales/topics/health/socialcare/act/code-of-practice/?lang=en. »

4 www.senedd.assembly.wales/mgIssueHistoryHome.aspx?IId=5664. »

5 www.legislation.gov.uk/anaw/2014/4/contents. »

6 [2004] UKHL 50, [2001] 1 WLR 3141 at paras 32–36. »

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