Schedule 1: The Commissioner for Older People in Wales Section 3: Review of discharge of functions
25.Subsection (1) provides a power for the Commissioner to review the effect on older people in Wales, for the purpose of safeguarding and promoting their interests, of the discharge, or proposed discharge, of the Assembly's functions (including the making or proposed making of any subordinate legislation) and the discharge, or proposed discharge in relation to Wales of a relevant function of a person listed in Schedule 2. Subsection (2) defines a relevant function. In the case of certain private persons operating in the public healthcare field, the effect is to limit their relevant functions (and so the Commissioner’s power of review) to their functions in that field.
26.The Commissioner's power extends to the review of a failure by the Assembly or listed person to discharge a function. In either case, under subsection (4) the discharge of a function, or failure to discharge a function, includes one that occurred prior to this section coming into force.