Commentary on Sections Section 30 – Regulations about assessment
100.Section 30 requires regulations to be made by the Welsh Ministers about the carrying out of needs assessments under Part 3.
101.Subsection (2) requires the regulations to make provision for the review of assessments. The regulations may, for example, specify who can request a review, the circumstances in which a local authority must comply with a request, and the circumstances in which it may refuse to do so.
102.Subsection (3) gives examples of further kinds of provision that may be made in the regulations. This provision could include requirements to involve other people, in addition to those specified in sections 19, 21 and 24, in the assessment process. The regulations could also require assessments to be carried out in a particular way and could specify the persons by whom assessments are to be carried out: for example, local authorities or persons or bodies acting on behalf of local authorities. The regulations could, in addition, set time limits within which assessments must be completed and require the results of an assessment to be recorded in a particular way so as to ensure consistency. Other provision could include a requirement for local authorities to have regard to additional considerations when carrying out an assessment and a power for local authorities to provide information for the purpose of the assessment.