Health and Social Care (Wales) Act 2025

(as introduced by section 22)

SCHEDULE 1 E+W SOCIAL CARE: MINOR AND CONSEQUENTIAL AMENDMENTS

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

Prospective

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

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);”.

Commencement Information

I1 Sch. 1 para. 1 not in force at Royal Assent, see s. 29(2)

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

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).”

Commencement Information

I2 Sch. 1 para. 2(1)(6) in force at 25.3.2025, see s. 29(1)(a)(ii)

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

Mental Health Act 1983 (c. 20) E+W

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”.

Commencement Information

I3 Sch. 1 para. 3(b) in force at 25.3.2025, see s. 29(1)(a)(ii)

Prospective

Safeguarding Vulnerable Groups Act 2006 (c. 47) E+W

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,”.

Commencement Information

I4 Sch. 1 para. 4 not in force at Royal Assent, see s. 29(2)

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

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)”.

Commencement Information

I5 Sch. 1 para. 5(1)(4) in force at 25.3.2025, see s. 29(1)(a)(ii)

Prospective

Criminal Justice and Courts Act 2015 (c. 2) E+W

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.”

Commencement Information

I6 Sch. 1 para. 6 not in force at Royal Assent, see s. 29(2)

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

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).

Commencement Information

I7 Sch. 1 para. 7(1)(3)(4)(14)(15) in force at 25.3.2025, see s. 29(1)(a)(ii)

Prospective

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

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.

Commencement Information

I8 Sch. 1 para. 8 not in force at Royal Assent, see s. 29(2)

Prospective

(as introduced by section 25)

SCHEDULE 2 E+W DIRECT PAYMENTS FOR HEALTH CARE: MINOR AND CONSEQUENTIAL AMENDMENTS

Mental Health Act 1983 (c. 20) E+W

1 (1) The Mental Health Act 1983 is amended as follows.

(2) In section 117(2C)—

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

(b) at the end of paragraph (a)(iii), for “and” substitute “or”;

(c) after paragraph (a)(iii) insert—

“(iv) regulations under section 10B(6) of the National Health Service (Wales) Act 2006, and”.

Commencement Information

I9 Sch. 2 para. 1 not in force at Royal Assent, see s. 29(2)

Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33) E+W

2 (1) The Disabled Persons (Services, Consultation and Representation) Act 1986 is amended as follows.

(2) In section 2(5), after paragraph (aa) insert—

“(ab) in hospital accommodation in Wales or in England in respect of the provision of which direct payments are made under section 10B(1) of the National Health Service (Wales) Act 2006, or”.

Commencement Information

I10 Sch. 2 para. 2 not in force at Royal Assent, see s. 29(2)

National Health Service (Wales) Act 2006 (c. 42) E+W

3 (1) The National Health Service (Wales) Act 2006 is amended as follows.

(2) In section 184—

(a) in subsection (2)—

(i) in paragraph (b), after “local NHS bodies” insert “, direct payment service providers”;

(ii) in paragraph (c), after “local NHS bodies” insert “or direct payment service providers”;

(iii) in paragraph (d), after “local NHS bodies” insert “or direct payment service providers”;

(iv) in paragraph (e), after “local NHS body” insert “or a direct payment service provider”;

(v) in paragraph (f), after “local NHS body” insert “or a direct payment service provider”;

(b) after subsection (3) insert—

“(3A) For the purposes of subsection (2) and section 186, “direct payment service provider in relation to an overview and scrutiny committee of a local authority means a person who provides services to any person residing in the authority’s area in respect of which direct payments have been made under section 10B(1), or under regulations made under section 10B(6).”

(3) In section 186(3)—

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

(b) after paragraph (a) insert—

“(ab) by adding any description or other provision in connection with a direct payment service provider or services provided by, or under arrangements made by, a direct payment service provider, or”.

(4) In section 187—

(a) in subsection (2)—

(i) in paragraph (a), before “health service body” insert “direct payment service provider,”;

(ii) in paragraph (ca), before “health service body” insert “direct payment service provider,”;

(b) in subsection (3), in the appropriate place insert—

• ““direct payment service provider means a person who provides services to any person in respect of which direct payments have been made under section 10B(1), or under regulations made under section 10B(6),”.

(5) In section 207, in the appropriate place insert—

“direct payment service provider

section 187(3)”

Commencement Information

I11 Sch. 2 para. 3 not in force at Royal Assent, see s. 29(2)

Safeguarding Vulnerable Groups Act 2006 (c. 47) E+W

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

(2) In section 6, after subsection (8E) insert—

“(8F) The Welsh Ministers do not make arrangements for another to engage in a regulated activity by virtue of anything the Welsh Ministers do under section 10B, or under regulations under section 10C, of the National Health Service (Wales) Act 2006.

(8G) A Local Health Board does not make arrangements for another to engage in a regulated activity by virtue of anything it does under regulations under section 10B(6) of the National Health Services (Wales) Act 2006.”

Commencement Information

I12 Sch. 2 para. 4 not in force at Royal Assent, see s. 29(2)

Criminal Justice and Courts Act 2015 (c. 2) E+W

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

(2) In section 21, in subsection (8), after paragraph (b) insert—

“(ba) section 10B of the National Health Service (Wales) Act 2006 (c. 42) (direct payments for health care);

(bb) regulations under section 10B(6) of the National Health Service (Wales) Act 2006 (direct payments for after-care made by Local Health Boards);”.

Commencement Information

I13 Sch. 2 para. 5 not in force at Royal Assent, see s. 29(2)

Public Services Ombudsman (Wales) Act 2019 (anaw 3) E+W

6 (1) The Public Services Ombudsman (Wales) Act 2019 is amended as follows.

(2) In section 1(5)—

(a) in paragraph (a), for “and palliative care providers” substitute “, palliative care providers and direct payment service providers”;

(b) in paragraph (b), for “and palliative care” substitute “, palliative care and direct payment services”;

(c) in paragraph (c), for “the social care and palliative care matters” substitute “the matters relating to social care, palliative care and direct payment services”;

(d) in paragraph (d), for “and palliative care” substitute “, palliative care and direct payment services”;

(e) in paragraph (e), for “and palliative care” substitute “, palliative care and direct payment services”.

(3) In the heading of Part 5, for “and palliative care” substitute “, palliative care and direct payment services”.

(4) In section 42—

(a) in subsection (1), after paragraph (c) insert—

“(d) action taken by a direct payment service provider in connection with the provision of direct payment services.”;

(b) in subsection (6)—

(i) for “64” substitute “64A”;

(ii) in the appropriate places insert—

• ““direct payment service” (“gwasanaeth taliadau uniongyrchol”);”;

• ““direct payment service provider” (“darparwr gwasanaeth taliadau uniongyrchol);”.

(5) In section 47(2)—

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

(b) after “a listed authority” insert “, or

(e) a direct payment service provider.”

(6) After section 64 insert—

“64A Meaning of “direct payment service” and “direct payment service provider”

(1) This section applies for the purposes of this Act.

(2) “Direct payment service” means a service provided in Wales or in England in respect of which direct payments have been made under section 10B(1), or under regulations made under section 10B(6), of the National Health Service (Wales) Act 2006 (c. 42).

(3) “Direct payment service provider” means a person who provides direct payment services but does not include an individual who—

(a) carries on an activity that involves the provision of domiciliary care in Wales or in England in respect of which direct payments have been made under section 10B(1), or under regulations made under section 10B(6), of the National Health Service (Wales) Act 2006,

(b) carries on the activity otherwise than in partnership with others,

(c) is not employed by a body corporate or unincorporated association to carry it on,

(d) does not employ any other person to carry out the activity, and

(e) provides or arranges the provision of domiciliary care to fewer than four people.

(4) Action is to be treated as action taken by a direct payment service provider if it is taken by—

(a) a person employed by that provider,

(b) a person acting on behalf of that provider, or

(c) a person to whom that provider has delegated any functions.

(5) Action is also to be treated as action taken by a direct payment service provider if—

(a) that provider provides direct payment services by means of an arrangement with another person, and

(b) the action is taken by or on behalf of the other person in carrying out the arrangement.”

(7) In section 71(1)(d)(i), for “or independent palliative care provider” substitute “, independent palliative care provider or direct payment service provider”.

(8) In section 78(1), in the appropriate places insert—

• ““direct payment service” (“gwasanaeth taliadau uniongyrchol”) has the meaning given by section 64A(2);”

• ““direct payment service provider” (“darparwr gwasanaeth taliadau uniongyrchol) has the meaning given by section 64A(3);”.

(9) In section 79—

(a) after subsection (1)(f) insert—

“(g) former direct payment service providers.”;

(b) after subsection (7) insert—

“(7A) “Former direct payment service provider” means a person who—

(a) at the relevant time, provided direct payment services of a particular description, and

(b) subsequently ceased to do so (whether or not the person has later started to do so again).”

(10) In Schedule 1—

(a) in paragraph 6(1)(f) for “or independent palliative care provider;” substitute “, independent palliative care provider or direct payment service provider;”;

(b) in paragraph 15(7)(a) for “or independent palliative care provider” substitute “, independent palliative care provider or direct payment service provider”.

Commencement Information

I14 Sch. 2 para. 6 not in force at Royal Assent, see s. 29(2)