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This version of this chapter contains provisions that are prospective.
The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
There are currently no known outstanding effects for the Health and Social Care (Wales) Act 2025, CHAPTER 2.
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Prospective
(1)Subsections (2) and (3) amend the 2016 Act—
(a)to change the requirement in section 10, for the Welsh Ministers to publish an annual return submitted by a service provider, to a requirement that the service provider must publish such a return and make copies of it available on request, and
(b)to make failure to publish an annual return an offence.
(2)In section 10 of the 2016 Act—
(a)in subsection (1), for the words from “submit” to the end substitute “, following the end of each financial year during which the provider is registered—
(a)submit an annual return to the Welsh Ministers;
(b)publish that return on its website.”;
(b)after subsection (1) insert—
“(1A)A service provider must make available, on request, a copy of an annual return published on its website.”
(c)after subsection (4) insert—
“(4A)An annual return must be published within the prescribed time limit.
(4B)But if disclosure of information contained in the annual return is prohibited by any enactment or other rule of law, that information must be redacted from the annual return before it is published.”;
(d)omit subsection (5).
(3)In section 48 of the 2016 Act—
(a)in the heading, after “submit” insert “or publish”;
(b)for the words from “fail” to the end substitute “—
(a)fail to submit an annual return to the Welsh Ministers within the time limit prescribed under section 10(4), or
(b)fail to publish an annual return on its website within the time limit prescribed under section 10(4A).”
Commencement Information
I1S. 14 not in force at Royal Assent, see s. 29(2)
Prospective
(1)Subsection (2) amends the 2016 Act to confer a power on the Welsh Ministers to prescribe the information that is to be provided with an application a service provider makes to cancel the provider’s registration under the Act.
(2)In section 14 of the 2016 Act, after subsection (1) insert—
“(1A)An application under subsection (1) must—
(a)contain such information as the Welsh Ministers may prescribe;
(b)be in the prescribed form.”
Commencement Information
I2S. 15 not in force at Royal Assent, see s. 29(2)
(1)Subsections (2) and (3) amend the 2016 Act to apply the notice of proposal procedure (see section 18 of that Act), rather than the improvement notice procedure (see section 16 of that Act), to the variation or cancellation of a service provider’s registration by the Welsh Ministers in certain circumstances where no improvement is possible.
(2)In section 13 of the 2016 Act—
(a)omit subsection (2);
(b)in subsection (4), after paragraph (b) insert—
“(ba)the responsible individual designated in respect of that place, or any other person, has been convicted of, or has been given a caution in respect of, a relevant offence in connection with a regulated service provided by the service provider at, from or in relation to that place,”;
(c)after subsection (4) insert—
“(4A)For the purposes of subsection (4)(ba) a relevant offence is an offence listed in section 15(2).”
(d)in subsection (5), for the words from “subsection (3)” to the end substitute “this section unless—
(a)in the case of variation under subsection (1), (3)(a) or (4)(a), the requirements of sections 18 and 19 are met;
(b)in the case of variation under subsection (3)(b), (4)(b), (ba) or (c), the requirements of sections 16 and 17 are met.”;
(e)after subsection (5) insert—
“(6)But nothing in subsection (5) affects the power of the Welsh Ministers to urgently vary a registration under section 23.”
(3)In section 15 of the 2016 Act—
(a)in subsection (1)—
(i)after paragraph (b) insert—
“(ba)the service provider has been convicted of, or has been given a caution in respect of, a relevant offence in connection with a regulated service that they provide;”;
(ii)in paragraph (d), for “the service provider or a responsible individual” substitute “a responsible individual other than the service provider (see section 21(2)(a))”;
(b)in subsection (2), for “subsection (1)(d)” substitute “subsection (1)(ba), (d)”;
(c)in subsection (3), for the words from “the requirements” to the end substitute “—
(a)in the case of cancellation on the grounds set out in subsection (1)(a), (b) or (ba), the requirements of sections 18 and 19 are met;
(b)in the case of cancellation on the grounds set out in subsection (1)(c), (d), (e) or (f), the requirements of sections 16 and 17 are met.”;
(d)after subsection (3) insert—
“(4)But nothing in subsection (3) affects the power of the Welsh Ministers to urgently cancel a registration under section 23.”
Commencement Information
I3S. 16 in force at 25.3.2025, see s. 29(1)(a)(i)
Prospective
(1)This section amends Chapter 3 of the 2016 Act to make further provision in relation to the Welsh Ministers’ powers to carry out inspections and to require information to be provided, including in respect of investigating offences.
(2)In section 32 of the 2016 Act—
(a)in subsection (1)—
(i)for “The Welsh Ministers may require a relevant person to provide them with any” substitute “Subsections (1A) and (1B) apply where the Welsh Ministers consider that a relevant person may have”;
(ii)after “think” insert “it”;
(b)after subsection (1) insert—
“(1A)Where this subsection applies, the Welsh Ministers may give a notice to a relevant person requiring that person—
(a)to produce any documents which—
(i)are specified or described in the notice, or fall within a category of document which is specified or described in the notice, and
(ii)are in the person’s custody or under the person’s control, and
(b)to produce the documents in a manner specified in the notice.
(1B)Where this subsection applies, the Welsh Ministers may give a notice to a relevant person requiring that person—
(a)to answer any question—
(i)which is asked in the notice, and
(ii)the answer to which is known to the person, and
(b)to answer in a manner specified in the notice.”
(c)in subsection (2), for the words from “disclosure” to the end substitute “—
(a)disclosure of that information is prohibited by any enactment or other rule of law;
(b)the person would be entitled to refuse to disclose the information in proceedings in the High Court on grounds of legal professional privilege.”
(d)after subsection (4) insert—
“(5)Where the Welsh Ministers require a person to provide information as they suspect an offence is being or has been committed—
(a)they may only require the information to be provided if they have reasonable grounds for their suspicion;
(b)they must inform the person, in writing, of the purpose for which they are requiring the information to be provided.
(6)In this section references to a “service provider” include a person who the Welsh Ministers reasonably suspect—
(a)is providing a regulated service at a place in respect of which that person is not registered under section 7, or
(b)has provided a regulated service at a place in respect of which that person was not registered under section 7.”
(3)After section 32 insert—
(1)Information given by a person (“P”) in response to a notice given under section 32(1B) may not be used in criminal proceedings against P.
(2)But subsection (1) does not apply—
(a)if the proceedings are for an offence under section 5 of the Perjury Act 1911 (c. 6) (false statements made otherwise than on oath);
(b)if, in the proceedings—
(i)evidence relating to the information is adduced by or on behalf of P, or
(ii)a question relating to it is asked by or on behalf of P.”
(4)In section 33—
(a)in subsection (1)(b), for “and” substitute “, management or”;
(b)after subsection (1) insert—
“(1A)In this Part a reference to an “investigation is a reference to an investigation into whether a person is committing or has committed an offence under this Part.”;
(c)in subsection (2), at the end, insert “or an investigation”.
(5)In section 34—
(a)in subsection (1)—
(i)after “inspection” insert “or an investigation”;
(ii)omit “and inspect”;
(b)in subsection (2), omit “and inspect”;
(c)in subsection (3), after “inspection” insert “or an investigation”;
(d)in subsection (4), at the beginning insert “When carrying out an inspection or an investigation,”.
(6)In section 35—
(a)in subsection (1)—
(i)after “inspection” insert “or an investigation”;
(ii)omit “in private”.
(b)after subsection (1) insert—
“(1A)An inspector may require an interview under subsection (1) to be carried out in private.”;
(c)in subsection (2), for the words “may” to the end substitute “—
(a)may not interview a person falling within subsection (3) without the person’s consent, and
(b)may not interview a person (“P”) for the purpose of inquiring whether P has committed an offence unless—
(i)P is informed of the purpose of the interview;
(ii)P is given the opportunity to obtain legal representation.”
(d)in subsection (4), after “may” insert “for the purposes of carrying out an inspection”.
(7)In section 36—
(a)in subsection (2), after “must” insert “, to the extent that the Welsh Ministers consider proportionate,”;
(b)after subsection (3) insert—
“(3A)But a requirement in subsection (3) does not apply where the Welsh Ministers consider that fulfilling the requirement would be inappropriate having regard to the best interests of a person whose care and support is assessed in the report.”
Commencement Information
I4S. 17 not in force at Royal Assent, see s. 29(2)
Prospective
(1)Subsection (2) amends the 2016 Act to add, to the list of persons that the Welsh Ministers can except or include in the definition of “social care worker” for the purposes of the Act, people who provide supervision to children (but may or may not provide care and support as part of their role).
(2)In section 79 of the 2016 Act—
(a)in subsection (3)—
(i)in paragraphs (e) and (f), for “care and support to any person in Wales”, substitute “—
(i)care and support;
(ii)childcare,
to any person in Wales”;
(ii)after paragraph (l) insert— “;
(m)a person employed to provide childcare by a person registered under Part 2 of the Children and Families (Wales) Measure 2010 (nawm 1) as a provider of day care for children”;
(b)after subsection (3) insert—
“(3A)In subsection (3), “childcare means care and supervision that is provided for children.”
Commencement Information
I5S. 18 not in force at Royal Assent, see s. 29(2)
(1)Subsection (2) amends the 2016 Act to give a panel hearing interim order proceedings the power to extend an interim order.
(2)In section 147 of the 2016 Act—
(a)in subsection (1), after paragraph (e) insert— “;
(f)in the case of an interim order that has not been extended by the tribunal under section 148, extend the interim order.”;
(b)after subsection (2), insert—
“(2A)A panel may make a decision specified in subsection (1)(f) only if—
(a)the panel is satisfied that the decision meets one or more of the conditions referred to in paragraphs (a) to (c) of subsection (2), and
(b)the extension does not result in the interim order having effect for a period of more than 18 months.”;
(c)in subsection (3), after “extended” insert “by a panel under subsection (1)(f) or by the tribunal”;
(d)in subsection (4), after paragraph (a)(i) insert—
“(ia)an interim order as extended or further extended by a panel;”;
(e)after subsection (4) insert—
“(5)But subsection (4)(a)(i) and (b)(i) do not apply in relation to the reference to an interim order in subsection (1)(f).”
Commencement Information
I6S. 19 not in force at Royal Assent, see s. 29(2)
Prospective
(1)Subsection (2) amends the 2014 Act to supplement the ways in which a local authority can make payments directly to a person, towards the cost of meeting a person’s needs for care and support under sections 35 to 40, 42 and 45 of that Act, or in respect of after-care services under section 117 of the Mental Health Act 1983 (c. 20), by providing that such payments can be made to a person nominated by the person to whom the payment could otherwise have been made.
(2)The 2014 Act is amended as follows—
(a)after the cross heading that precedes section 50 insert—
(1)Regulations may require or allow a local authority to make payments to a person towards the cost of meeting the needs of—
(a)an adult (“A”), under section 35 or 36;
(b)a child (“C”), under section 37, 38 or 39;
(c)a carer (“R”), under section 40, 42 or 45.
(2)But regulations under subsection (1) may not require or allow such payments to be made unless—
(a)where the payments are to be made to meet an adult’s needs under section 35 or 36, condition 1, 2 or 3 in section 50 is met;
(b)where the payments are to be made to meet a child’s needs under section 37, 38 or 39, condition 1 or 2 in section 51 is met;
(c)where the payments are to be made to meet a carer’s needs under section 40, 42 or 45, condition 1 or 2 in section 52 is met.
(3)A payment under this section is referred to in this Act as a “direct payment.”;
(b)for sections 50 to 52 substitute—
(1)The conditions referred to in section 49A(2)(a) in relation to making direct payments towards the cost of meeting the needs of an adult (“A”) under section 35 or 36 are as follows.
(2)Condition 1 is that—
(a)the payments are to be made to A,
(b)the local authority believes that A has capacity to consent to the making of the payments,
(c)the local authority is satisfied that—
(i)making the payments is an appropriate way of meeting A’s needs, and
(ii)A is capable of managing the payments (either by themselves or with the support that is available to them), and
(d)A has consented to the making of the payments.
(3)Condition 2 is that—
(a)the payments are to be made to a person other than A (“B”),
(b)the local authority believes that A does not have capacity to consent to the making of the payments,
(c)B is a suitable person,
(d)the local authority is satisfied that—
(i)making the payments is an appropriate way of meeting A’s needs,
(ii)B is capable of managing the payments (either by themselves or with the support that is available to them), and
(iii)B will act in A’s best interests in managing the payments, and
(e)the necessary consent has been obtained to make the payments to B.
(4)Condition 3 is that—
(a)the payments are to be made to a person who is nominated by A (“N”),
(b)the local authority believes that A has capacity to consent to the making of the payments,
(c)the local authority is satisfied that—
(i)making the payments is an appropriate way of meeting A’s needs, and
(ii)N is capable of managing the payments (either by themselves or with the support that is available to them),
(d)A has consented to the making of the payments, and
(e)N has consented to receive the payments.
(5)For the purposes of subsection (3)(c), B is a “suitable person”—
(a)if B is authorised under the Mental Capacity Act 2005 (whether in general or specific terms) to make decisions about A’s needs for care and support,
(b)where B is not authorised as mentioned in paragraph (a), if a person who is so authorised agrees with the local authority that B is suitable to receive payments towards the cost of meeting A’s needs for care and support, or
(c)where B is not authorised as mentioned in paragraph (a) and there is no person who is so authorised, if the local authority considers that B is suitable to receive payments of that kind.
(6)For the purposes of subsection (3)(e), the “necessary consent” means—
(a)the consent of B, and
(b)where B is a suitable person by virtue of subsection (5)(b), the consent of a person authorised under the Mental Capacity Act 2005 (whether in general or specific terms) to make decisions about A’s needs for care and support.
(1)The conditions referred to in section 49A(2)(b) in relation to making direct payments towards the cost of meeting the needs of a child (“C”) under section 37, 38 or 39 are as follows.
(2)Condition 1 is that—
(a)the payments are to be made to a person (“P”) who is—
(i)C, or
(ii)a person with parental responsibility for C,
(b)where P is—
(i)an adult or a child aged 16 or 17, the local authority believes that P has capacity to consent to the making of the payments;
(ii)a child aged under 16, the local authority is satisfied that P has sufficient understanding to make an informed decision about consenting to receive the payments,
(c)the local authority is satisfied that—
(i)making the payments is an appropriate way of meeting C’s needs,
(ii)C’s well-being will be safeguarded and promoted by the making of the payments, and
(iii)P is capable of managing the payments (either by themselves or with the support that is available to them), and
(d)P has consented to the making of the payments.
(3)Condition 2 is that—
(a)the payments are to be made to a person who is nominated by P (“N”),
(b)where P is—
(i)an adult or a child aged 16 or 17, the local authority believes that P has capacity to consent to the making of the payments;
(ii)a child aged under 16, the local authority is satisfied that P has sufficient understanding to make an informed decision about consenting to the making of the payments,
(c)the local authority is satisfied that—
(i)making the payments is an appropriate way of meeting C’s needs,
(ii)the well-being of C will be safeguarded and promoted by the making of the payments,
(iii)N will act in C’s best interests in managing the payments, and
(iv)N is capable of managing the payments (either by themselves or with the support that is available to them),
(d)P has consented to the making of the payments, and
(e)N has consented to receive the payments.
(1)The conditions referred to in section 49A(2)(c) in relation to making direct payments towards the cost of meeting the needs of a carer (“R”) under section 40, 42 or 45 are as follows.
(2)Condition 1 is that—
(a)the payments are to be made to R,
(b)where R is—
(i)an adult or a child aged 16 or 17, the local authority believes that R has capacity to consent to the making of the payments;
(ii)a child aged under 16, the local authority is satisfied that R has sufficient understanding to make an informed decision about consenting to receive the payments,
(c)the local authority is satisfied that—
(i)making the payments is an appropriate way of meeting R’s needs, and
(ii)R is capable of managing the payments (either by themselves or with the support that is available to them), and
(d)R has consented to the making of the payments.
(3)Condition 2 is that—
(a)the payments are to be made to a person who is nominated by R (“N”),
(b)where R is—
(i)an adult or a child aged 16 or 17, the local authority believes that R has capacity to consent to the making of the payments;
(ii)a child aged under 16, the local authority is satisfied that R has sufficient understanding to make an informed decision about consenting to the making of the payments,
(c)the local authority is satisfied that—
(i)making the payments is an appropriate way of meeting R’s needs,
(ii)where R is a child aged under 16, N will act in R’s best interests in managing the payments, and
(iii)N is capable of managing the payments (either by themselves or with the support that is available to them),
(d)R has consented to the making of the payments, and
(e)N has consented to receive the payments.”;
(c)after section 53 insert—
The ways in which a local authority may discharge its duty under section 117 of the Mental Health Act 1983 include by making direct payments, and for that purpose Schedule A1 has effect.”;
(d)for Schedule A1 substitute—
(as introduced by section 53A)
1Regulations may require or allow a local authority to make payments in respect of a person to whom section 117 of the Mental Health Act 1983 (after-care) applies that are equivalent to the cost of providing or arranging for the provision of after-care services for the person under that section.
2But regulations under paragraph 1 may not require or allow such payments to be made unless—
(a)where the payment is made in respect of an adult, condition 1, 2 or 3 in paragraph 4 is met;
(b)where the payment is made in respect of a child, condition 1 or 2 in paragraph 5 is met.
3A payment under this Schedule is referred to in this Act as a “direct payment”.
4(1)The conditions referred to in paragraph 2(a) in relation to making direct payments in respect of an adult (“A”) to whom section 117 of the Mental Health Act 1983 (after-care) applies that are equivalent to the cost of providing or arranging the provision of after-care services for A under that section are as follows.
(2)Condition 1 is that—
(a)the payments are to be made to A,
(b)the local authority believes that A has capacity to consent to the making of the payments,
(c)the local authority is satisfied that—
(i)making the payments is an appropriate way of discharging its duty towards A under section 117 of the Mental Health Act 1983, and
(ii)A is capable of managing the payments (either by themselves or with the support that is available to them), and
(d)A has consented to the making of the payments.
(3)Condition 2 is that—
(a)the payments are to be made to a person other than A (“B”),
(b)the local authority believes that A does not have capacity to consent to the making of the payments,
(c)B is a suitable person,
(d)the local authority is satisfied that—
(i)making the payments is an appropriate way of discharging its duty towards A under section 117 of the Mental Health Act 1983,
(ii)B is capable of managing the payments (either by themselves or with the support that is available to them), and
(iii)B will act in A’s best interests in managing the payments, and
(e)the necessary consent has been obtained to make the payment to B.
(4)Condition 3 is that—
(a)the payments are to be made to a person who is nominated by A (“N”),
(b)the local authority believes that A has capacity to consent to the making of the payments,
(c)the local authority is satisfied that—
(i)making the payments is an appropriate way of discharging its duty towards A under section 117 of the Mental Health Act 1983, and
(ii)N is capable of managing the payments (either by themselves or with the support that is available to them),
(d)A has consented to the making of the payments, and
(e)N has consented to receive the payments.
(5)For the purposes of sub-paragraph (3)(c), B is a “suitable person”—
(a)if B is authorised under the Mental Capacity Act 2005 (whether in general or specific terms) to make decisions about the provision to A of after-care services under section 117 of the Mental Health Act 1983,
(b)where B is not authorised as mentioned in paragraph (a), if a person who is so authorised agrees with the local authority that B is suitable to receive the payments, or
(c)where B is not authorised as mentioned in paragraph (a) and there is no person who is so authorised, if the local authority considers that B is suitable to receive payments of that kind.
(6)For the purposes of sub-paragraph (3)(e), the “necessary consent” means—
(a)the consent of B, and
(b)where B is a suitable person by virtue of sub-paragraph (5)(b), the consent of a person authorised under the Mental Capacity Act 2005 (whether in general or specific terms) to make decisions about the provision to A of after-care services under section 117 of the Mental Health Act 1983.
5(1)The conditions referred to in paragraph 2(b) in relation to making direct payments in respect of a child (“C”) to whom section 117 of the Mental Health Act 1983 (after-care) applies that are equivalent to the cost of providing or arranging the provision of after-care services for C under that section are as follows.
(2)Condition 1 is that—
(a)the payments are to be made to a person (“P”) who is—
(i)C, or
(ii)a person with parental responsibility for C,
(b)where P is—
(i)an adult or a child aged 16 or 17, the local authority believes that P has capacity to consent to the making of the payments;
(ii)a child aged under 16, the local authority is satisfied that P has sufficient understanding to make an informed decision about consenting to receive the payments,
(c)the local authority is satisfied that—
(i)making the payments is an appropriate way of discharging its duty towards C under section 117 of the Mental Health Act 1983,
(ii)C’s well-being will be safeguarded and promoted by the making of the payments, and
(iii)P is capable of managing the payments (either by themselves or with the support that is available to them), and
(d)P has consented to the making of the payments.
(3)Condition 2 is that—
(a)the payments are to be made to a person who is nominated by P (“N”),
(b)where P is—
(i)an adult or a child aged 16 or 17, the local authority believes that P has capacity to consent to the making of payments;
(ii)a child aged under 16, the local authority is satisfied that P has sufficient understanding to make an informed decision about consenting to the making of payments,
(c)the local authority is satisfied that—
(i)making the payments is an appropriate way of discharging its duty towards C under section 117 of the Mental Health Act 1983,
(ii)the well-being of C will be safeguarded and promoted by the making of the payments,
(iii)N will act in C’s best interests in managing the payments, and
(iv)N is capable of managing the payments (either by themselves or with the support that is available to them),
(d)P has consented to the making of the payments, and
(e)N has consented to receive the payments.
6Regulations under this Schedule may also make provision (in particular) about the following—
(a)matters to which a local authority may or must have regard when making a decision of a specified type about direct payments;
(b)conditions that a local authority may or must attach, and conditions that it must not attach, in relation to direct payments;
(c)steps that a local authority may or must take before, or after, making a decision of a specified type about direct payments;
(d)support that a local authority must provide or arrange for persons to whom it makes direct payments;
(e)cases or circumstances in which a local authority may act as an agent on behalf of a person to whom direct payments are made;
(f)conditions subject to which, and the extent to which, a local authority’s duty under section 117 of the Mental Health Act 1983 (after-care) is discharged by the making of direct payments;
(g)cases or circumstances in which a local authority must not, or is allowed not to, make payments to a person or in relation to a person;
(h)cases or circumstances in which a person who no longer lacks, or who the local authority believes no longer lacks, capacity to consent to the making of direct payments must or may nonetheless be treated for the purposes of paragraphs 4 and 5 as lacking capacity to do so;
(i)cases or circumstances in which a local authority making direct payments may or must review the making of those payments;
(j)cases or circumstances in which a local authority making direct payments may or must—
(i)terminate the making of those payments;
(ii)require the repayment of the whole or part of a direct payment;
(k)the recovery of any amount due to a local authority in connection with the making of direct payments.
7Regulations under this Schedule must specify that direct payments to meet the cost of providing or arranging for the provision of after-care services under section 117 of the Mental Health Act 1983 (after-care) must be made at a rate that the local authority estimates to be equivalent to the reasonable cost of securing the provision of those services to meet those needs.
8A person to whom a local authority makes a direct payment may, subject to regulations made under this Schedule, use the payment to purchase after-care services from any person (including, among others, the authority that made the payment).”
Commencement Information
I7S. 20 not in force at Royal Assent, see s. 29(2)
(1)Subsections (2) and (3) amend the 2014 Act to restrict—
(a)the ability of a person named in a child arrangements order to prevent someone with parental responsibility for a child without parents, or who is lost or abandoned, from objecting to the child being looked after in local authority accommodation or removing them from such accommodation;
(b)the requirement for a local authority to place a child who it is looking after with a person named in a child arrangements order,
to a person named in the child arrangements order as someone with whom the child is to live, but not any other person so named.
(2)In section 76(6) of the 2014 Act, for paragraph (a) substitute—
“(a)named in a child arrangements order (that is in force) as a person with whom the child is to live,”.
(3)In section 81(3) of the 2014 Act, in paragraph (c), for the words from “a person” to the end substitute “named in the child arrangements order as a person with whom the child was to live”.
Commencement Information
I8S. 21 in force at 25.3.2025, see s. 29(1)(a)(i)
Schedule 1 makes minor and consequential amendments relating to the provisions in this Part.
Commencement Information
I9S. 22 in force at 25.3.2025 for specified purposes, see s. 29(1)(a)(i)
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