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This power is inconsistently applied by local authorities across the country. The regulation-making powers will enable the Secretary of State to make regulations in relation to England, and the Welsh Ministers to make regulations in relation to Wales. This Act makes provision to fill this gap. The effect of the Sewel Convention is that Westminster will not normally legislate with regard to devolved matters in Scotland without the consent of the Scottish Parliament.

These sections extend to England and Wales only, giving regulation-making powers to the Secretary of State in relation to England, and the Welsh Ministers in relation to Wales. This Act puts a mechanism in place to allow for the determination of disputes between English and Welsh local authorities. The Act will allow the Welsh Ministers to define the scope of any future national weighing and measuring programme.

They also pay more attention than their predecessors to the arrangements needed in-country to deliver an effective response to health risks. It will work to facilitate the appropriate sharing of information in order to support the delivery of seamless care. The Annex to these Explanatory Notes describes the effect of the Act on Wales and provides a table of new functions conferred on the Welsh Ministers. The Government must consult on draft Orders prior to laying them before Parliament. To address this, the Department made a commitment to establish a fund within its budget to support social enterprises delivering health and social care.

As there are provisions in this Act relating to such matters, the consent of the Northern Ireland Assembly has been granted through a legislative consent motion. Some of these provisions relate to matters that are devolved in Northern Ireland. The decision was taken to transfer responsibility for the regulation of private hearing aid dispensers to the Health Professions Council.

It is a new non-contributory, non-income related benefit payable where a woman has reached a specified stage of her pregnancy and has received the necessary health advice. The extension of direct payments extends to England and Wales only.

Some of these provisions fall within the terms of the Sewel Convention. It is also intended that the number of lay members will exceed the number of representative members. New powers in this Act will enable modification of the regulation of the social care workforce. Provision is also made for the Secretary of State to impose terms and conditions on the financial support given to social enterprises. The Orders are subject to the affirmative procedure.