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Consultation Bulletin – week ending 7 March 2014 1 Newly received this week Source Welsh Government Title/link Proposed amendments to the criminal offences and defences in sections 2, 28 and 42 of the Ancient Monuments and Archaeological Areas Act 1979. Summary Between 2006 and 2012, Cadw received reports of 119 cases of unlawful damage to scheduled ancient monuments in Wales. However, there has been only one successful prosecution under the Ancient Monuments and Archaeological Areas Act 1979 in the last 25 years. Issue date Deadline for Response 03/03/2014 14/04/2014 03/03/2014 25/04/2014 05/03/2014 Online Survey 17/01/2014 12/03/2014 A number of respondents to last year’s consultation, The future of our past, expressed concerns about the rarity of successful prosecutions. Some called for changes to the Act’s permitted defence of ignorance of the status or location of a monument to make it easier to secure convictions for illegal damage. Accordingly, the Welsh Government would now like to receive views on a proposal to amend the offences and defences in the 1979 Act to modify the ‘ignorance defence’. Welsh Government Achieving high standards together - a new framework for animal health and welfare in Wales This consultation invites comments on the our proposals to develop an Animal Health & Welfare Strategy for Wales. This consultation seeks views at an early stage on: the proposed approach for developing a framework for animal health and welfare in Wales the draft strategic outcomes for animal health & welfare in Wales and the data required to support them As part of the consultation process a series of four workshops will also be held across Wales. NatCen LGBT people's access to abuse services in Wales This research will help the Welsh Government address the barriers faced by Lesbian, Gay, Bisexual and Trans people in accessing services when they are experiencing domestic abuse, stalking, harassment or sexual violence. ********** Welsh Affairs Committee 2 International Representation and Promotion of Wales by UK bodies Wales is a relatively small nation on the periphery of Europe and faces keen economic competition to attract skilled workers, tourists and inward investment, not only within the United Kingdom, but from Europe and further afield. Both the UK Government and the Welsh Government, and their associated bodies such as the British Council, Visit Britain, Visit Wales and UKTI, have responsibility for promoting and representing Wales abroad. Deadline extended Welsh Government Revising the national framework for Continuing NHS Healthcare (CHC) We are seeking views on arrangements we should put in place to support the effective delivery of (CHC) by the NHS. 13/12/2013 13/03/2014 CHC is a package of care provided by the NHS for those individuals with a complex and primarily health-based, need. Health Boards have a duty to set in place suitable governance arrangements to ensure the correct provision of CHC to individuals. Welsh Ministers are responsible for the production of guidance and advice for Health Boards. The 2010 National Framework for Continuing NHS Healthcare provides these details. Health Boards work with local authority partners, to assess health needs, decide on eligibility for CHC and provide appropriate care for adults. Welsh Ministers have been reviewing the effectiveness of the Framework following the findings of a separate Wales Audit Office’s review. The arrangements will be set out in the 2014 'National Framework for Continuing NHS Healthcare'. Department for Business, Innovation & Skills Zero hours employment contracts This is an online consultation that seeks views from as many participants as possible. It seeks further evidence on the problems identified around the use of zero hours contracts and invites responses to a number of potential actions government can take to address them and promote a better outcome. At this stage, the government has no preferred options. Views are sought in particular on maintaining a fair balance between the flexibility provided by zero hours contracts and ensuring adequate protection for individuals. 19/12/2013 13/03/2014 Welsh Government Statutory Guidance to the Independent Remuneration Panel for Wales in relation to the salaries of Local Authority Chief Executives The Panel will have new powers to make recommendations to Local Authorities and Fire and Rescue Authorities on their Pay Policy Statement relevant to the salary of their Head of Paid Service. 20/12/2013 14/03/2014 Phase 1 - Draft Report: Review of Audit, Inspection and Regulation Consultation to establish by consensus the purpose of audit, inspection and regulation. 20/01/2014 14/03/2014 Welsh Government WCVA will be submitting a response to this consultation If you have any comments that you would like us to include in our response please email them to [email protected] 3 The Panel will have to have regard to Statutory Guidance made by Welsh Ministers when making recommendations The Programme for Government contains a commitment to "review the framework for the external scrutiny of public services and the work of our auditors, inspectors and regulators". In early 2013, Welsh Government officials proposed a three phase review of Audit, Inspection and Regulation (AIR) in Wales in response to the Programme for Government commitment: Phase 1 - to establish by consensus the purpose of audit, inspection and regulation Phase 2 - to consider how far/to what extent the present system fulfils the principles of Phase 1; and establish a programme for reform Phase 3 - Implementation - comprising one-off reforms or longerterm changes of emphasis. This report sets out the findings from phase 1 of the review of Audit, Inspection and Regulation. Welsh Government Consultation on Amendments to the Council Tax (Chargeable Dwellings) Order 1992 For Emergency Accommodation This consultation seeks views on the proposal to amend the Council Tax (Chargeable Dwellings) Order 1992 (the 1992 Order). 05/02/2014 19/03/2014 NICE Community engagement (update): draft scope consultation In 2005, the Department of Health asked the then National Institute for Health and Clinical Excellence (NICE) to develop guidance on public health approaches aimed at promoting community engagement to improve health. Following a review of the guidance in 2011, NICE (now known as the National Institute for Health and Care Excellence) has decided to update the recommendations. 19/02/2014 19/03/2014 Welsh Government The Review of Bathing Waters in Wales 2014 The Bathing Water Directive requires member states to identify all bathing waters each year. This is so that we ensure all coastal and inland waters that are used by a large number of bathers during the bathing season (15 May to 30 September) are designated. 07/02/2014 21/03/2014 The change is necessary to allow the Welsh Ministers to amend the 1992 Order so that properties which are classed as emergency accommodation and consist of a number of self contained units are treated as one dwelling for Council Tax purposes. The two sites we are proposing for designation for the 2014 bathing season are: Llyn Padarn, Llanberis, Gwynedd Rhyl East, East Parade, Denbighshire. DEFRA Energy efficiency: proposals to change Environmental Permitting Regulations The Energy Efficiency Directive (EED – 2012/27/EU) was adopted on 25 October 2012. It updates the EU’s legal framework for energy efficiency, pursuing the target of saving 20% of the EU’s primary energy consumption by 2020, and of making further energy efficiency improvements after 2020. The Directive also repeals and replaces the Energy Services Directive (ESD – 2006/32/EC) as well as the Cogeneration Directive (2004/8/EC). 10/02/2014 21/03/2014 Home Office Covert surveillance This consultation contains proposals to update the covert human intelligence sources code of practice and the covert surveillance code of practice. Both codes of practice have greatly improved control and oversight of the way public authorities use covert investigatory techniques, in order to protect our right to privacy. The changes made to the draft codes, on which we are seeking views, are highlighted throughout the documents attached. 13/02/2014 27/03/2014 Welsh Government Making the most of every drop - A consultation on We are consulting jointly on proposals to reform the system used to manage water removal from rivers and ground water across Wales and England. 17/12/2013 28/03/2014 4 reforming the water abstraction management system Welsh Government Proposals for the Glastir scheme, part of the Rural Development Plan for Wales 2014-2020 We want to ensure the sustainable management of our water in Wales. This includes considering if the water abstraction (removing water from rivers etc) management system in Wales needs to change. This consultation explores options for reforming the current system. We welcome your views on these. The Welsh Government now wishes to consult on the decisions it proposes to take for Glastir under the next RDP programming period, 2014 to 2020. 23/01/2014 28/03/2014 03/02/2014 28/03/2014 04/02/2014 01/04/2014 These proposals outline a future for agri-environment in Wales. They are the result of widespread discussions with the: industry farming communities charities and other organisations across Wales and sets out a vision for a more sustainable use of our natural resources. Welsh Government The Statement of Public Participation for the Welsh National Marine Plan We want your views on how and when we will have discussions with interested people on the marine planning process. We also explain what we will do with the views and opinions we receive during the marine planning process. Charity Commission A consultation on a change in regulation and Charity Commission policy - The regulation of common deposit funds Common Deposit Funds (CDFs) are a type of investment fund that are deemed by law to be charities under the Charities Act 2011. They enjoy the same tax status as other charities, and are eligible for registration as charities in their own right. Therefore the Charity Commission has responsibility for regulating CDFs as charities in England and Wales. CDFs accept deposits from charities and pool the money to form a large sum that will then be deposited on the money market. As a pooled and larger sum, the deposit may secure a higher rate of interest for the depositing charities than each charity would otherwise obtain if undertaken separately. As a result, CDFs have been particularly important to smaller charities that have relatively small amounts of cash to deposit. The implementation of a European Union Directive, the Alternative Investment Fund Managers Directive (AIFMD) means that the Financial Conduct Authority (FCA) will be responsible for some aspects of the operation of unregulated investment funds, including CIFs and CDFs. This will require the Charity Commission to make significant changes to its model schemes for CDFs. It will also provide an opportunity to take a significantly different approach to the regulation of CDFs and investment funds for charities generally. 5 Welsh Government Marine Strategy Framework Directive consultation – UK Marine Monitoring Programmes This is a joint consultation by: Department for Environment, Food and Rural Affairs (Defra) the Northern Ireland Executive the Scottish Government the Welsh Government. The Marine Strategy Part One (external link) is the UK’s response to the first phase of the implementation of the Marine Strategy Framework Directive (MSFD). The directive requires that Member States put in place measures to achieve or maintain Good Environmental Status (GES) in their seas by 2020. 08/01/2014 02/04/2014 National Assembly for Wales Inquiry into progress made to date on implementing the Welsh Government’s Cancer Delivery Plan The terms of reference for the inquiry are to examine the progress made in implementing the Cancer Delivery Plan in Wales including: Whether Wales is on course to achieve the outcomes and performance measures, as set out in the Cancer Delivery Plan, by 2016; Progress made in reducing the inequalities gap in cancer incidence and mortality rates; The effectiveness of cancer screening services and the level of take-up across the population of Wales, particularly the harder to reach groups; Whether patients across Wales can access the care required (for example, access to diagnostic testing or out-of-hours care) in an appropriate setting and in a timely manner; The level of collaborative working across sectors, especially between the NHS and third sector, to ensure patients receive effective person-centred care from multi-disciplinary teams. Whether the current level of funding for cancer services is appropriate, used effectively and provides value for money. 10/02/2014 04/04/2014 National Assembly for Wales Orthodontic services in Wales The terms of reference are to inquire into the provision of appropriate orthodontic care in Wales including: Access for patients to appropriate orthodontic treatment, covering both primary and secondary care orthodontic services, and whether there is regional variation in access to orthodontic services across Wales. The effectiveness of working relationships between orthodontic practices and Local Health Boards in the management of local orthodontic provision, and the role of Managed Clinical Networks in helping to deliver more effective orthodontic services in Wales (e.g. effective planning and management, improvement in the appropriateness of referrals and performance management, workforce arrangements). Whether the current level of funding for orthodontic services is sustainable with spending pressures facing the NHS, including whether the current provision of orthodontic care is adequate, affordable and provides value for money. Whether orthodontic services is given sufficient priority within the 10/02/2014 04/04/2014 6 Welsh Government Service user involvement framework Welsh Government’s broader national oral health plan, including arrangements for monitoring standards of delivery and outcomes of care within the NHS and the independent sector. The impact of the dental contract on the provision of orthodontic care. We are seeking views on our revised substance misuse service user involvement framework. 13/01/2014 07/04/2014 We are asking for views from people of all backgrounds but would particularly welcome comments from: substance misuse service commissioners; providers of services; people who use substance misuse services and their friends and families. The framework offers guidance on engaging with service users in the design, commissioning, operation and evaluation of substance misuse services. It is intended to encourage service user involvement and share examples of best practice. Department for Culture, Media and Sport Consultation on Incidental Non-Commercial, Private society, Work and Residents' Lotteries In response to the Government’s Red Tape Challenge, DCMS is publishing a consultation which proposes lifting restrictions on incidental noncommercial lotteries to also allow them to be held at commercial events and to allow private society, work and residents’ lotteries to be able to raise money for charities and good causes. 27/02/2014 10/04/2014 Ministry of Justice Deregulation Bill: amendment to Clause 47 Schedule 1 to the Police and Criminal Evidence Act 1984 allows a judge to make a ‘production order’, which requires the person to whom it is directed to give an investigator access to material, usually documents, which are needed in the investigation of a serious criminal offence but which that person could not otherwise lawfully hand over. Production orders can be made to give the police access to banking or other financial records, for example. A production order gives the person to whom it is directed at least 7 days within which to comply with it, or to apply to the judge to alter or withdraw it. It is not the same as a search warrant, which allows the investigator to enter premises at once, by force if necessary, and search for material without any prior warning. 26/02/2014 11/04/2014 Welsh Government Revising the Learner Travel Operational Guidance and evaluating the Travel Code The Learner Travel Operational Guidance provides local authorities with statutory guidance on all aspects of the Welsh Government's home to school/college transport policy. 13/01/2014 13/04/2014 Concerns have been raised regarding the extent to which certain aspects of the Operational Guidance are clear, consistent and easy to understand for users, such as parents and local authorities. The guidance also needs to reflect wider policy reforms in other policy areas. 7 Welsh Government Wales Rural Development Programme 2014-2020: Final Proposals This consultation invites comments on the Welsh Government’s strategy and priorities for the delivery of the Wales Rural Development Programme 2014-2020. 17/02/2014 14/04/2014 23/01/2014 17/04/2014 27/01/2014 20/04/2014 The new proposals will inform how we design the next RDP for Wales. The new RDP will run from 1 January 2015 to the end of 2020. The Welsh Government has responsibility for preparing the RDP in Wales. This must meet three European Commission objectives: the competitiveness of agriculture the sustainable management of natural resources and climate action balanced territorial development of rural economies and communities including the creation and maintenance of employment. Department for Culture, Media and Sport Consultation on the future of civil partnership in England and Wales The Government has published a consultation paper on the future of civil partnership in England and Wales. This is the full public consultation required by section 15 the Marriage (Same Sex Couples) Act 2013. The Government will consider responses to the consultation alongside evidence about marriage of same sex couples, civil partnership and possible options for the future. Welsh Government Proposals for the inshore crustacean fishery - Phase 1 A review of all fisheries legislation in Wales was commenced in January 2012 with the remit to review all items to ensure they are fit for purpose. One of the priority areas is the measures for regulating the crustacean fisheries around the Welsh coastline. Currently there are different sets of regulations that apply in different parts of Wales and are inconsistent. These cause confusion throughout the industry and make it difficult for officials to enforce some of the regulations. Welsh Government TB compensation The Minister wishes to take the views of stakeholders on the introduction of a table valuation system through this public consultation with the expectation of introducing any necessary legislation in 2014 28/01/2014 22/04/2014 Department for Culture, Media & Sport Community Radio Consultation The consultation sets out policy proposals to relax current financial restrictions on community radio, whilst not altering community radio unique role in terms of supporting localness and community engagement. 13/02/2014 23/04/2014 This consultation seeks specific views on: The lifting of the restriction on community radio stations preventing them from taking any income from on-air advertising or sponsorship if they overlap with a commercial radio licence whose coverage area includes 150,000 adults or fewer. On the restrictions preventing community radio stations from taking more than 50% of their annual income from on-air advertising and 8 Welsh Government Review of Planning Conditions Circular and model conditions sponsorship, if they remain appropriate, and what, if any changes, are justifiable. On the case for further licence extensions for community radio stations in the event of a decision to implement a radio switchover. On improving the effectiveness of the Community Radio Fund. We want your views on updated guidance on conditions for planning approvals. 29/01/2014 25/04/2014 05/02/2014 30/04/2014 13/02/2014 08/05/2014 14/02/2014 09/05/2014 Welsh Office Circular 35/95 gives guidance on the use of planning conditions. It contains an appendix with model conditions. Although much of this guidance is still relevant, we need to publish an updated version to include: recommendations made in recent studies changes to legislation, guidance, case law and practice since 1995. This proposed new circular will bring advice up to date. It will give a new list of standard conditions to help promote best practice in the use of planning conditions in Wales. Welsh Government Prevention of Offending by Young People The purpose of this consultation is to seek views on proposals to improve services for young people from Wales who are in the youth justice system, to ensure their effective reintegration and resettlement following a community or custodial sentence. There are many examples of children who fall into the Youth Justice system due to unmet needs. The proposals will provide the opportunity to strengthen our support for these young people and help them to break the cycle of reoffending. Welsh Government Managing Naturally Occurring Radioactive Material (NORM) waste We are consulting jointly on a strategy for managing naturally occurring radioactive material (NORM) waste in the UK. This is a joint consultation with: the UK Government Scottish Government the Northern Ireland Department of the Environment. Our joint policy is to facilitate the sustainable and efficient management of low level radioactive waste (LLW). This needs a policy which enables and encourages waste producers to avoid producing unnecessary waste and manage it in the most environmentally appropriate way. Welsh Government 9 Socio-economic impact assessment of the proposed changes to 3 Special Protection Areas on the Welsh Coast We would like to hear your views on this assessment of the likely socioeconomic impact of the proposed changes to 3 existing Special Protection Areas for seabirds. The changes to these sites will help us fulfil our obligations under the EC Birds Directive and protect birds and their sea habitats. Welsh Government Local Government Byelaws (Wales) Act 2012 – Implementation We are consulting on new guidance and subordinate legislation under the Local Government (Wales) Byelaws Act 2012. 17/02/2014 11/05/2014 This consultation seeks your views on: Statutory Instruments to facilitate implementation of the Local Government (Wales) Byelaws Act 2012 (the Act); and Guidance to support authorities in exercising functions under the Act. Welsh Government Improving access to substance misuse treatment for older people This consultation seeks views on the proposed action to be taken to improve access to substance misuse treatment for older people. It is aimed at Health Boards, Substance Misuse Area Planning Boards, substance misuse and mental health and those working in primary care. 17/02/2014 12/05/2014 Welsh Government Balancing the responsibilities for skills investment: proposals for co-investment in post-19 adult skills delivery The Welsh Government launched the Policy statement on skills on 30 January 2014. The statement outlined a number of funding principles for post-19 skills delivery built upon the concept of co-investment. This consultation aims to provide further context for how co-investment between government, employers and, in some cases, individuals will be implemented in Wales and to seek the views of key stakeholders and employers on such arrangements. 21/02/2014 16/05/2014 Department for Work and Pensions Child poverty: a draft strategy We are seeking views from: the voluntary and community sector local and central government parents and carers children and young people practitioners representative bodies academics social enterprises 27/02/2014 22/05/2014 28/02/2014 23/05/2014 on our draft child poverty strategy, which sets out what action we plan to take from 2014 to 2017 to reduce child poverty. Welsh Government Welsh Implementation Plan for Rare Diseases This sets out our response to the commitments in the UK Strategy for Rare Diseases published in November 2013. That Strategy was agreed by the governments of the four countries of the UK. It set out 51 commitments to improve information, services and research in relation to people with rare diseases. The draft Implementation Plan has been prepared by a Task Group. That brought together the NHS in Wales, the Welsh Government, the third sector and the research community. The Task Group has also worked with those preparing plans in the other UK countries. 10 Welsh Government 11 Draft Playing Fields (Community Involvement in Disposal Decisions) (Wales) Regulations 2014 and Related Statutory Guidance The Regulations make provision for consultation by local authorities (i.e. County and County Borough Councils, Community and Town Councils and National Park Authorities in Wales) prior to a decision to dispose of a playing field. We are also consulting on related draft statutory guidance to local authorities and the ‘Explanatory Memorandum and Regulatory Impact Appraisal’ to accompany the Regulations. 28/02/2014 30/05/2014