Legislation, Justice and Constitution Committee

That takes us to item 2, instruments that raise issues to be reported to the Senedd under Standing Order 21.7: the code of practice on quality assurance and performance management, escalating concerns, and closure of regulated care and support services. These regulations introduce a code of practice that sets out requirements for how local authorities, local health boards and NHS trusts in Wales should manage quality assurance, performance, and the escalation or closure of regulated care and support services. Issued under the Social Services and Well-being (Wales) Act 2014 and the National Health Service (Wales) Act 2006, the code ensures that all relevant bodies apply consistent standards.Senedd lawyers have identified 20 reporting points. A Welsh Government response has not been received. I don't know whether it has been received now, but over to Jen from our legal team to run through the reporting points and any Welsh Government response.

Thank you, Chair. So, three of the 20 reporting points relate to the use of terms that haven't been defined in the code, so there's a potential lack of clarity. Two points relate to incomplete references and two relate to the failure to use the defined terms in the code, and then the remaining 13 points relate to inconsistencies between the Welsh and English texts. No Government response has been received as yet, Chair.

Are we happy to agree the reporting points? Do Members have anything else they wish to raise on this? I know I’m like a stuck record, but there should not be this number of errors between the Welsh and English.

Instruments that raise issues to be reported to the Senedd under Standing Order 21.2 or 21.3: the Committee for Tertiary Education Research (Decision Review) (Wales) Regulation 2025. These regulations set out how decisions, notes and directions made by the Commission for Tertiary Education Research, now known as Medr, may be reviewed. Senedd lawyers have identified two technical and one merits reporting point. A Welsh Government response has not yet been received. Firstly, we have Jen from our legal team. Would you like to run through the reporting points?

Thank you, Chair. The two technical reporting points request further information as to the meaning of the word ‘applicant’ in the regulations, and also seeking clarity as to what the decision reviewer can recommend that the commission should reconsider. There's also a merits point that queries the fact that there appears to be an inconsistency between the enabling provisions that are listed in the explanatory memorandum and those listed in the regulations themselves. Again, we haven't received a Government response in relation to these three points as yet.

Thanks, Jen. Do Members have anything they wish to raise? No. Are we happy to agree the reporting points? I take that to be a ‘yes’.

The Education (Specified Courses of Higher Education) (Wales) Regulations 2025. These regulations set out which higher education courses in Wales are recognised for statutory purposes, which will enable Medr to provide funding in relation to these courses. The regulations set criteria for eligible courses, including those above advanced level qualification and certain BTEC awards linked to apprenticeship frameworks. Senedd lawyers have identified two merits reporting points. A Welsh Government response is not required. Jen, would you like to run through the reporting points?

Thank you. So, the first reporting point refers to section 89(3) of the 2022 Act, and this is the provision that enables the commission, or Medr, to provide financial resources to persons in respect of a course that falls within these regulations. The point notes that the Welsh Government have provided an explanation to say that they intend to bring section 89(3) into force on 1 April, but these regulations have to come into force on 25 December to enable Medr to reference its funding function when developing its policy on funding powers.

The second reporting point simply notes that no public consultation was carried out in relation to these regulations, but the Welsh Government has engaged regularly with Medr during their development.

Thanks, Jen. Do Members have anything to raise? No. Can we agree to those points? Yes.

Affirmative resolution instruments: the Non-Domestic Rating (Chargeable Amounts) (Wales) Regulations 2025. These regulations establish a framework for transitional relief, directed at ratepayers whose non-domestic rates liability will increase by more than £300 as a result of the 2026 revaluation. They set out a process for determining the revised chargeable amounts for eligible properties. The phased approach ensures that any qualifying increases in liability are introduced incrementally over a two-year period, moderating the immediate financial impact on affected ratepayers. Senedd lawyers have identified two merits reporting points. A Welsh Government response is not required. Over to you, Jen.

Thank you, Chair. The first reporting point is to note that the phased introduction of the increase in non-domestic rates liability will support an estimated 25,000 properties, and result in a total cost of £116 million to the Welsh Government over the two-year period.

The second point again notes that no consultation was carried out regarding these regulations due the timing of the UK Government's autumn statement, and the need to bring these regulations into force from 1 January in order to comply with legislation in this area.

Thanks, Jen. Do Members have anything to raise? No. Are we happy to agree the reporting points? Yes.

Made affirmative resolution instruments: the Landfill Disposals Tax (Tax Rates) (Wales) (Amendment) (No. 2) Regulations 2025 draft report. These regulations introduce increased rates for landfill disposals tax in Wales coming into effect from 1 April 2026, covering the standard rate, the lower rate and the rate for unauthorised disposal. Senedd lawyers have identified one merits reporting point. A Welsh Government response is not required. Jen, would you like to run us through the reporting point?

Thank you, Chair. The merits point just notes that the amounts collected under the new landfill disposals tax rates under these regulations will be paid into the Welsh consolidated fund.

Thank you very much. Members, anything to raise? Can we agree the reporting point? Affirmed.

Instruments that raise issues to be reported to the Senedd under Standing Order 21.2 or 21.3—previously considered. The Local Government (Standards Committees and Member Conduct) (Miscellaneous Amendments) (Wales) Regulations 2025. The committee considered this instrument at its meeting on 8 December and laid its report the same day. Members are invited to note the Welsh Government response to the report that has since been received. Jen, do you have anything to raise from the Welsh Government response?

No, just to note that the Government response covers all of the points raised. I've nothing further to add.

Members, anything? No.

Item 5, notification of correspondence on the inter-institutional relations agreement: correspondence from the Welsh Government meeting of the inter-ministerial groups. The Cabinet Secretary for Housing and Local Government informs us that a meeting of the Interministerial Group for Elections and Registration took place on 30 October. Discussions included updates on the UK Government's draft Elections Bill, preparation for Scottish and Senedd elections in May 2026, and topics on democratic engagement and election security. Members, any comments? No.

Correspondence with the Cabinet Secretary for Finance and Welsh Language: the Procurement Act 2023 (Commencement No. 4) Regulations 2025. The Cabinet Secretary informs us of his intention to provide consent for the UK Government to make these regulations, which will commence in relation to devolved Welsh authorities sections 69 and 71 of the Procurement Act 2023. These sections impose requirements on contracting authorities to publish payment compliance notices and contract performance notices. The consent of the Welsh Ministers is required before the UK Government makes these regulations. The Welsh Ministers do not have commencement powers of their own in the 2023 Act. Members, any comments? If not, we will move on.

Correspondence with the Deputy First Minister and Cabinet Secretary for Climate Change and Rural Affairs: the REACH (Amendment) Regulations 2026. The Deputy First Minister and Cabinet Secretary for Climate Change and Rural Affairs informs us of his intention to consent to the UK Government making these regulations, which introduce new restrictions on the use and sale of ammunition containing lead in England, Scotland and Wales. Enforcement in Wales will be managed by Natural Resources Wales. Do Members have any comments? No.

Papers to note: correspondence from the Counsel General and Minister for Delivery on the Planning (Wales) Bill and Planning (Consequential Provisions) (Wales) Bill. Members are invited to note the Counsel General and Minister for Delivery’s response to our recommendations in our report on the Planning (Wales) Bill and Planning (Consequential Provisions) (Wales) Bill, ahead of Tuesday’s Plenary debate on the Bills. Do Members have any comments?

Moving on to the next item, correspondence from Mark Isherwood MS on the British Sign Language (Wales) Bill. Members are invited to note Mark Isherwood's response to our recommendations on his Member Bill, the British Sign Language (Wales) Bill. The Plenary debate on the Bill will take place on Wednesday. Do Members have any comments they wish to make? No. So, we will move on.

Correspondence to the Deputy First Minister and Cabinet Secretary for Climate Change and Rural Affairs, and the Counsel General and Minister for Delivery, on the Welsh Government’s draft budget. Members are invited to note our letter to the Deputy First Minister and Cabinet Secretary for Climate Change and Rural Affairs and the Counsel General and Minister for Delivery, setting out the outcome of the committee’s consideration of the Welsh Government’s draft budget 2026-27.

If everybody's happy, I'll now move, in accordance with Standing Order 17.42(vi) and (ix), to invite the committee to resolve to exclude the public from the remainder of the meeting. Do Members agree? I see Members agree.