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These Regulations make provision for the appointment of the Children's Commissioner for Wales whose office is established under the Care Standards Act 2000.
The Regulations amend the Children's Commissioner for Wales (Appointment) Regulations 2000, as a result of the Government of Wales Act 2006. The Regulations make alternative provision for the appointment and removal of the Commissioner depending on when the appointment or removal occurs. The Regulations take account of changes to be brought into effect under the Government of Wales Act 2006 and is intended to ensure that these changes will not unduly delay or disrupt any appointment of the Commissioner.
The Regulations make amendments so as to provide that the Commissioner may be appointed by the Assembly First Secretary, as defined in the Government of Wales Act 1998, if the appointment is made before a new First Minister is appointed under the Government of Wales Act 2006. An appointment during this period may only be made following advice from any committee of the Assembly which has been established for the purpose of advising as to the appointment, after candidates are interviewed by a selection panel, as to their suitability for appointment. The First Secretary is also under a duty to take account of the views of children in Wales as to the proposed appointment.
Following the appointment of a new First Minister under the Government of Wales Act 2006 the Commissioner is to be appointed by the First Minister, without the advice of a relevant committee, but after the First Minister has taken into account the views of children in Wales, and the advice of any selection panel.
The Regulations also make provision as to the term of office, and the circumstances in which the Commissioner may be relieved of office. Until the appointment of a new First Minister under the Government of Wales Act 2006 the Commissioner may be relieved of office by the First Secretary. Following the appointment of the new First Minister for Wales the Commissioner may be relieved of office by the First Minister.
By way of clarification as to legal responsibility for the exercise of functions by the First Secretary, the regulations contain incidental provision to treat functions so exercised as the exercise of functions by the Assembly constituted by the Government of Wales Act 1998. The Regulations also provide that any anything done by the First Secretary immediately before the appointment of a new First Minister for Wales under the Government of Wales Act 2006 will be treated following the appointment of the First Minister for Wales as if done by the First Minister.
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