Health and Social Care (Wales) Act 2025

(as introduced by section 22)

SCHEDULE 1 SOCIAL CARE: MINOR AND CONSEQUENTIAL AMENDMENTS

PART 1 PROVISION OF SOCIAL CARE SERVICES TO CHILDREN: MINOR AND CONSEQUENTIAL AMENDMENTS

Social Services and Well-being (Wales) Act 2014 (anaw 4)

1 (1) The 2014 Act is amended as follows.

(2) In section 82—

(a) in subsection (1), for “section 81(6)(d)” substitute “section 81A(3)(d)”;

(b) in subsection (2), for “section 81(6)(d)” substitute “section 81A(3)(d)”.

(3) In section 89—

(a) in the heading, for “section 81(6)(d)” substitute “section 81A(3)(d)”;

(b) in subsection (1), for “section 81(6)(d)” substitute “section 81A(3)(d)”.

(4) In section 92(2), for “section 81(11)” substitute “section 81C(2)”.

(5) In section 94A(1)(a), for “section 81” substitute “sections 81 to 81D”.

(6) In section 174(3)(e), for “section 81(11)” substitute “section 81C(2)”.

(7) In section 186(4)(c), for “section 81” substitute “sections 81 to 81D”.

(8) In section 197(1), in the appropriate places insert—

• ““for-profit provider” (“darparwr er elw”) has the meaning given by section 75A(4);”;

• ““private provider” (“darparwr preifat”) has the meaning given by section 75A(5);”.

Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2)

2 (1) The 2016 Act is amended as follows.

(2) In section 13, in subsection (5), for paragraph (a) substitute—

“(a) in the case of variation—

(i) under subsection (1), (3)(a) or (c) or (4)(a), or

(ii) in accordance with paragraph 3(4)(a) of Schedule 1A,

the requirements of sections 18 and 19 are met;”.

(3) In section 15, in subsection (3), for paragraph (a) substitute—

“(a) in the case of—

(i) cancellation on the grounds set out in subsection (1)(a), (b), (ba) or (g), or

(ii) cancellation in accordance with paragraph 3(4)(b) of Schedule 1A,

the requirements of sections 18 and 19 are met;”.

(4) In section 64, in the appropriate places insert—

• ““children’s home service” (“gwasanaeth cartref plant”) has the meaning given by section 2A;”;

• ““restricted children’s service” (“gwasanaeth plant o dan gyfyngiad) has the meaning given by section 2A;”.

(5) In section 187, in subsection (2)—

(a) after paragraph (c) insert—

“(ca) section 6A(3)(b) (regulations prescribing public goods to which a person’s objects or purposes must primarily relate);”;

(b) after paragraph (w) insert—

“(x) paragraphs 1(1)(b) and 3(1) of Schedule 1A (regulations in relation to transitional period for restricted children’s services).”

(6) In Schedule 1—

(a) in paragraph 1(1)—

(i) for the words “at a place” substitute “,”;

(ii) after the words “in Wales” omit “,”;

(b) in paragraph 1(4), for the words “by a” to the end substitute “does not constitute a care home service if the accommodation and care is provided by—

(a) a person, other than a local authority, who has parental responsibility for the child;

(b) a relative of the child;

(c) a foster parent in relation to the child (but see also paragraph 5A(3) of Schedule 7 to the Children Act 1989 (c. 41).”;

(c) for paragraph 1(6) substitute—

“(6) In sub-paragraph (4), “parental responsibility has the meaning given by section 3 of the Children Act 1989 (c. 41).”

PART 2 MISCELLANEOUS AMENDMENTS IN RELATION TO SOCIAL CARE SERVICES ETC.: MINOR AND CONSEQUENTIAL AMENDMENTS

Mental Health Act 1983 (c. 20)

3 In the Mental Health Act 1983 (c.20), in section 117(2C)—

(a) in paragraph (a)(ii)—

(i) for “sections 50, 51 and 53 of” substitute “Schedule A1 to”;

(ii) omit the words in parentheses;

(b) in paragraph (b), for the words from “be provided” to the end substitute “otherwise be provided under this section”.

Safeguarding Vulnerable Groups Act 2006 (c. 47)

4 (1) The Safeguarding Vulnerable Groups Act 2006 is amended as follows.

(2) In section 6, after subsection (8G) (as inserted by paragraph 4(2) of Schedule 2) insert—

“(8H) A local authority does not make arrangements for another to engage in a regulated activity by virtue of anything the authority does under regulations under section 49A of, or Schedule A1 to, the Social Services and Well-being (Wales) Act 2014 (anaw 4);

(8I) A person (P) who is authorised as mentioned in subsection (5)(a) of section 50 of, or paragraph 4(5)(a) of Schedule A1 to, the Social Services and Well-being (Wales) Act 2014 does not make arrangements for another to engage in a regulated activity by virtue of anything that P does under subsection (5)(b) or (6)(b) of section 50 or paragraph 4(5)(b) or (6)(b) of Schedule A1.”

(3) In section 30(8), for “sections 50 to 53 of” substitute “section 49A of, or Schedule A1 to,”.

Social Services and Well-being (Wales) Act 2014 (anaw 4)

5 (1) The 2014 Act is amended as follows.

(2) In section 49(1)(a), for “sections 50 to 53” substitute “sections 49A to 53A”.

(3) In section 53—

(a) for “50, 51 or 52” each time it appears, substitute “49A”;

(b) in subsection (1)(k), for “50” substitute “49A”;

(c) in subsection (7), for “51” substitute “49A(1)(b)”;

(d) omit subsection (11).

(4) In section 124(9), in the Welsh language text, after “Nid yw’r adran hon yn gymwys” insert “—

(a) i awdurdod lleol sy’n lleoli plentyn mewn llety diogel yn yr Alban o dan adran 25 o Ddeddf Plant 1989, na

(b)”.

(5) In section 187(2), for “section 50 or 51” substitute “section 49A or Schedule A1”.

(6) In section 189—

(a) in subsection (5)(a)(ii), for “section 50 or 52” substitute “section 49A(1)(a) or (c)”;

(b) in subsection (7)(b), for “section 50 or 52” substitute “section 49A(1)(a) or (c)”.

Criminal Justice and Courts Act 2015 (c. 2)

6 (1) The Criminal Justice and Courts Act 2015 is amended as follows.

(2) In section 21, in subsection (8), for paragraph (d) substitute—

“(d) Schedule A1 to the Social Services and Well-being (Wales) Act 2014 (anaw 4) (direct payments for after-care made by local authorities);

(e) regulations under section 49A of the Social Services and Well-being (Wales) Act 2014 (direct payments for care and support) where the payment is made towards the cost of meeting the needs of an adult or a carer who is an adult.”

Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2)

7 (1) The 2016 Act is amended as follows.

(2) In section 1, in paragraph (c), at the end insert “and investigations”.

(3) In section 16, in subsection‍ (1)—

(a) in paragraph (a), for “section 15” substitute “section 15(1)(c), (d), (e) or (f)”;

(b) in paragraph (b), for “section 13(3) or (4)” substitute “section 13(3)(b) or (4)(b), (ba) or (c)”.

(4) In section 18, in subsection (1)—

(a) at the end of paragraph (b) omit “or”;

(b) in paragraph (c)(ii), for “section 13(3) or (4), 23(1)(b) or 25(2)(a).” substitute “section 13(3)(b) or (4)(b), (ba) or (c), 23(1)(b) or 25(2)(a), or”;

(c) after paragraph (c) insert—

“(d) cancel the registration of a service provider‍ other than under section 15(1)(c), (d), (e) and (f).”

(5) In the heading of Chapter 3, for the words “and inspections” substitute “, inspections and investigations”.

(6) In the heading of section 33, after the word “inspections” insert “, investigations”.

(7) In the heading of section 34, omit “and inspect”.

(8) In the heading of section 50, at the end insert “and investigations”.

(9) In section 144, in subsection (6), for the words “; see section 148 (extension of interim order by the tribunal)” substitute “by the tribunal under section 148”.

(10) In section 146, in subsection (9), in paragraph (a) omit “by the tribunal”.

(11) In section 149, in subsection (4)(a), for “by the tribunal” substitute “(whether by a panel or the tribunal)”

(12) In section 161, in subsection (6)(b), for “or vary” substitute “, vary or extend”.

(13) In section 163, in subsection (1)(d), for “or varied” substitute “, varied or extended”.

(14) In Schedule 2, in paragraph 15(3)(d), for “of the National Assembly” substitute “of Senedd Cymru”.

(15) In the following provisions, in each place that it appears, for “the National Assembly for Wales” substitute “Senedd Cymru”—

(a) section 10(6);

(b) section 27(5);

(c) section 41(4);

(d) section 42(5);

(e) section 186(4), (5) and (6);

(f) section 187(2) and (3);

(g) Schedule 2, paragraphs 15(3)(d) and 16(4)(b).

Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413 (W. 131))

8 (1) The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 are amended as follows.

(2) Omit—

(a) regulation 2(5);

(b) regulation 253.