Functions exercisable solely by WAG or the National Assembly for Wales.

Part I - Introductory

• section 2(8): Power to make regulations to: (a) except any description of establishment from the definitions in subsections (2) to (4); (b) except any description of undertaking from the definition in subsection (5); (c) modify the definition in subsection (7).
• section 8: Power to make information and regulations, charge fees and provide training, for the improvement of care services and standards in Wales. Duty to have particular regard to the need to safeguard and promote the rights and welfare of children. Power to give itself additionnal powers in relation to Part II services under section 5A(7), 5B(7) and 118(4) of the Education and Inspection Act 2006.
• section 8 (3): Power to make regulations, provided that they specify a function corresponding to a function which, by virtue of section 7, is exercisable by the Commission in relation to Part II services provided in England.
• section 10: Power to cause an inquiry to be held into any matter connected with a service provided in or by an establishment or agency. Part II - Establishments and Agencies
• section 12: Power to prescribe the amount of fee in relation to applications for registration.
• section 13: Power to grant or refuse an application for the registration of an establishment or agency.
• section 14: Power to cancel the registration of a person in respect of an establishment or agency.
• section 15: Power to serve notice in writing to an applicant of its decision to grant an application, and to issue a new certificate of registration. Power to prescribe the amount of the fee.
• section 16: Power to make regulations about registration. Power to prescribe the amount of the fee.
• section 17: Power to give the applicant written notice of its proposal to grant, refuse, cancel or vary the registration.
• section 19: Power to give the applicant written notice of its decision relating to the application for registration.
• section 20: Power to serve a copy of the order (made by the justice) and notice of the right of appeal on a person registered in respect of an establishment or agency.
• section 22: Power to make regulations in relation to establishments and agencies. Power to prescribe the amount of the fee.
• section 23: Power to prepare and publish statements of national minimum standards applicable to establishments or agencies.
• section 25: Power to provide in regulations that a contravention of, or failure to comply with, any specified provision of the regulations shall be an offence.
• section 31: Power to authorise a person to carry out an inspection of an establishment or agency.
• section 32: Power (duty) to prepare a report on the matters inspected under section 31 and send a copy of the report to each person who is registered in respect of the establishment or agency.
• section 33 (1): Power to make regulations which require a person carrying on an establishment or agency to make an annual return to the registration authority (in Wales, the registration authority is the National Welsh Ministers).
• section 33 (2): Power to make regulations which make provision as to the contents of the annual return and the period in respect of which and date by which it is to be made.
• section 34: Power to make regulations to require: (a) a receiver or manager of the property of a relevant company; (b) the liquidator or provisional liquidator of a relevant company; or (c) the trustee in bankruptcy of a relevant individual to give notice of their appointment to the registration authority (in Wales, the registration authority is the National Welsh Ministers), and to appoint a person to manage the establishment or agency in question.
• section 35: Power to make regulations in relation to the death of a registered person.
• section 36: Power to make regulations as respects the provision of copies of registers.
• section 36A(2): Power to exercise all the functions relating to voluntary adoption agencies under this Part or Chapter 2 of Part 1 of the Adoption and Children Act 2002 where the principal office of an agency is in Wales. (see below, shared powers)
• section 36A(5): Powers under sections 31 and 32 relating to the inspection of any premises in Wales.
• section 38: Power to make a scheme, by order, for the transfer of staff under Part II.
• section 42: Power to make regulations to extend the application of Part II. Part III - Local Authority Services
• section 45: Power to authorise a person to enter and inspect the premises of a local authority which are used for the purpose of adoption and fostering services, and to require a local authority to provide it with any information relating to the discharge by the local authority of relevant functions which the Welsh Ministers considers it necessary or expedient to have for the purposes of its functions under this Part;
• section 48: Power to make regulations to make provision about the exercise by local authorities of relevant fostering functions.
• section 50: Power to make regulations requiring a local authority to make an annual return to the Welsh Ministers. The regulations may make provision as to the period in respect of which and date by which the return is to be made.
• section 52: Power to make regulations providing that a contravention of or failure to comply with any specified provision of the regulations shall be an offence.

Part IV - Social Care Workers

• section 55 (3): Power to make regulations providing that persons of certain descriptions (listed) shall be treated as social care workers.
• section 56 (3): Power to provide, by order, for a specified part of the register to be closed, as from a date specified by the order, so that on or after that date no further persons can become registered in that part.
• section 67: Functions of the "appropriate minister" (in relation to Wales, this is the National Welsh Ministers for Wales) in relation to social care workers.

Part V - The Children's Commissioner for Wales

• section 72B and Schedule 2A: Power to amend list of persons contained in Schedule 2A and this section whose exercise of functions the Commissionner may review.
• section 72(B)(2) to (5): Power to make orders subject to specified exceptions to add to, delete from or make alterations to the list of persons contained in Schedule 2A (list of persons whose functions are subject to review in accordance with section 72(B)(1)).
• section 73 (5): Power to make regulations conferring power on the Commissioner to require prescribed persons to provide any information which the Commissioner considers it necessary or expedient to have for the purposes of his functions under this section.
• section 73 (5A) to (5C): Power to make orders subject to specified exceptions altering the list of persons subject to the Commissioner's power to review its arrangements for dealing with complaints and other matters.
• section 74: Power to make regulations to make provision for the examination by the Commissioner of the cases of particular children to whom this Part applies.
• section 76: Power to make regulations conferring power on the Commissioner to assist a child to whom this Part applies- (a) in making a complaint or representation to or in respect of a provider of regulated children's services in Wales; or (b) in any prescribed proceedings.
• section 76 (1)(aa): Power to make regulations enabling the Commissioner to assist a child in making a claim or representation involving any of the persons mentioned in Schedule 2B (list of providers of other services in Wales) or section 73(2B).
• section 78 (1A) and (1B): Power to make regulations extending the application of Part 5 to care leavers aged eighteen or over who receive post care services from local authorities by virtue of the amendments to the Children Act 1989 introduced by the Children (Leaving Care) Act 2000.
• section 78 (6): Power to make regulations which may provide: (a) for this Part to be treated as having applied to a child at any time before the commencement of this Part if regulated children's services in Wales were at that time provided to or in respect of him; (b) for references in this Part to children to whom this Part applies to include references to persons who, at any prescribed time, were such children. Power to provide in regulations that references to a child shall include persons who were such children at any time including a time prior to the commencement of Part V.
• section 84: Power to refer a social worker to the Secretary of State

Part IX - General and Supplemental

• section 113 (3)(a): Power to make an order declaring the authority in question to be in default.
• section 113 (3)(b): Power to direct the authority to discharge such of its functions, and in such manner and within such period or periods, as may be specified in the direction.
• section 113 (4): Power to discharge the functions to which the direction relates himself or make arrangements for any other person to discharge those functions on his behalf, if the authority fails to comply with the Welsh Ministers's direction under subsection (3).
• section 114: Power to make schemes for the transfer of staff.
• sections 118 and 119: Power to make, by order, any supplementary, incidental or consequential provision, or any transitory, transitional or saving provision which the Welsh Ministers considers necessary or expedient for the purposes of any provision of this Act.
• section 122: Power to appoint by order the day on which the Act shall come into force.
• Schedule 1:: The Commission and the Councils:
• Schedule 1, para 3: general power to issue directions as to the exercise of their functions.
• Schedule 1, para 5: Power to appoint members other than chairman.
• Schedule 1, para 6: Power to regulate appointments, procedures etc..
• Schedule 1, para 7: Power to determine remuneration and allowances, pensions etc.
• Schedule 1, para 8: Power to determine terms and conditions for first chief officer's post. Power to approve appointment.
• Schedule 1, para 9: Power to direct the Commission to appoint regional directors and prescribe their functions.
• Schedule 1, para 11: Power to prescribe functions of directors of private and voluntary health care.
• Schedule 1, para 12: Power to give directions as to staffing issues of an authority.
• Schedule 1, para 14: Power by regulations to provide for arrangements for the use of staff.
• Schedule 1, para 15: Power to make payment to the authority.
• Schedule 1, para 17: Power to consent to fee to be charged by Commission.
• Schedule 1, para 18: Powers relating to authorities' accounts.
• Schedule 2: The Children's Commissioner for Wales:
• Schedule 2, para 2: Power to make regulations in relation to appointments and tenure of office.
• Schedule 2, para 3: Duty to pay remuneration.
• Schedule 2, para 5: Power to issue directions as to the exercise of functions.
• Schedule 2, para 6: Power to specify periods which are to be treated as the first and subsequent financial years of the Commissioner.
• Schedule 2, para 7: Power to prescribe form of accounts.
• Schedule 2, para 8: Power to make regulations relating to reports of the Commissioner.
• Schedule 2, para 14: Power to make payments to Commissioner.
• Schedule 2, para 17: Power to add the Commissioner to the list of "Offices" in schedule 1 to the Superannuation Act 1972. Duty to pay increases.
• Schedule 3: See schedule 9A of the children act 1989.
• Schedule 5, para 1: Power to provide requirements relating to fostering agencies.
• Schedule 5, para 2: Voluntary adoption agencies 2. - (1) Where an approval granted to a body, before the commencement of section 13, under section 3 of the Adoption Act 1976 (approval of adoption societies) is operative at that commencement, Part II of this Act shall, if prescribed requirements are satisfied, have effect after that commencement as if any person carrying on or managing the body were registered under that Part in respect of it, either- (a) unconditionally; or (b) subject to such conditions as may be prescribed. Power by order to make such further transitional provision in relation to the repeal by this Act of provisions of the Adoption Act 1976 as he considers appropriate.