The Health Impact Assessment (Wales) Regulations 2025

Welsh Statutory Instruments

2025 No. 1215 (W. 198)

Public Health, Wales

The Health Impact Assessment (Wales) Regulations 2025

Made

19 November 2025

Coming into force

6 April 2027

The Welsh Ministers, in exercise of the powers conferred by sections 108(1), (3), (4) and (5), 109(4) and 110(2) of the Public Health (Wales) Act 2017(1), make the following Regulations(2).

In accordance with section 108(7) of that Act, the Welsh Ministers have—

(a) considered whether there are persons who appear to be representative of the interests of those likely to be affected by these Regulations (“representative persons”), and

(b) carried out consultation with the representative persons whom the Welsh Ministers considered it appropriate to consult.

In accordance with section 123(2)(c) of that Act, a draft of these Regulations was laid before, and approved by a resolution of, Senedd Cymru(3).

Title and coming into force

1.—(1) The title of these Regulations is the Health Impact Assessment (Wales) Regulations 2025.

(2) These Regulations come into force on 6 April 2027.

Interpretation

2.  In these Regulations—

“health impact assessment” (“asesiad o’r effaith ar iechyd”) means an assessment of the likely effect, both in the short term and in the long term, of a proposed action or decision on the physical and mental health of the people of Wales or of some of the people of Wales;

“HIA” (“AEI”) means a health impact assessment;

“public body” (“corff cyhoeddus”) means a person listed in section 110(1) of the Public Health (Wales) Act 2017.

Circumstances in which a HIA is required

3.  A public body must carry out a HIA when it proposes to make a decision of a strategic nature about how to exercise its functions.

How to carry out a HIA

4.—(1) In carrying out a HIA specified in regulation 3, a public body must—

(a) identify the decision to which the HIA relates;

(b) identify any groups of the population whose physical or mental health the public body reasonably considers may be affected by the decision;

(c) identify and assess—

(i) any intended effects of the decision, and any unintended effects of the decision that the public body reasonably considers are likely, on the physical and mental health of any groups of the population identified under sub-paragraph (b),

(ii) in relation to any effects identified under paragraph (i), any measures that the public body reasonably considers may prevent, reduce or mitigate any negative effects or increase any positive effects, and

(iii) anything else the public body considers to be relevant to the carrying out of the HIA.

(2) In identifying and assessing any effects for the purposes of paragraph (1)(c)(i), a public body must have regard to the wider determinants of health and any health inequity factors.

(3) In this regulation—

(a) “health inequity factors” means any differences in health outcomes and health opportunities that may reasonably be explained, or may reasonably be caused, by any ground including—

(i) socio-economic status,

(ii) geographic location, and

(iii) the presence of a protected characteristic within the meaning of Chapter 1 of Part 2 of the Equality Act 2010(4);

(b) “health opportunities” means access to publicly available opportunities that the public body carrying out the HIA reasonably considers promote or improve physical or mental health or are intended to do so;

(c) “wider determinants of health” means the social, economic, cultural and environmental factors that may affect people’s health.

Assistance by the Public Health Wales National Health Service Trust

5.  The Public Health Wales National Health Service Trust must publish guidance to assist public bodies carrying out a HIA.

Publishing a HIA

6.  As soon as is reasonably practicable after carrying out a HIA, a public body must publish the HIA in such manner as the public body considers appropriate.

Amendment of section 110(1) of the Public Health (Wales) Act 2017

7.—(1) Section 110(1) (meaning of “ public body”) of the Public Health (Wales) Act 2017 is amended as follows.

(2) After paragraph (b) insert—

“(ba) a corporate joint committee established by regulations made under Part 5 of the Local Government and Elections (Wales) Act 2021 (asc 1);”.

(3) After paragraph (d)(ii) insert—

“(iii) Welsh Ambulance Services University National Health Service Trust;”.

(4) After paragraph (d) insert—

“(da) the following special health authorities established under section 22 of the National Health Service (Wales) Act 2006 (c. 42)—

(i) Digital Health and Care Wales;

(ii) Health Education and Improvement Wales;”.

(5) After paragraph (l) insert—

“(m) Social Care Wales;

(n) Welsh Revenue Authority;

(o) Transport for Wales (company number 09476013);

(p) Centre for Digital Public Services Limited (company number 09341679);

(q) Qualifications Wales.”

Jeremy Miles

Cabinet Secretary for Health and Social Care, one of the Welsh Ministers

19 November 2025

EXPLANATORY NOTE

(This note is not part of the Regulations)

Part 6 of the Public Health (Wales) Act 2017 (“the Act”) makes provision about the carrying out of health impact assessments (HIAs) by public bodies listed in section 110(1) of the Act. These Regulations are made using powers under sections 108, 109 and 110 of the Act.

A HIA is an assessment of the likely effect, both in the short and long term, of a proposed action or decision on the physical and mental health of all or some of the people of Wales.

These Regulations make various provisions about the carrying out of HIAs by public bodies. The Regulations also add additional persons to the list of public bodies in section 110(1) of the Act.

Regulation 3 provides that a HIA must be carried out by a public body when it proposes to make a decision of a strategic nature about how to exercise its functions.

Regulation 4 sets out the matters that must be identified and assessed by a public body in the course of carrying out an HIA, and factors to which the public body must have regard in doing so.

Regulation 5 provides that the Public Health Wales National Health Service Trust must produce guidance to assist public bodies with carrying out a HIA.

Regulation 6 makes provision about the publication of HIAs.

Regulation 7 adds additional public bodies to the list in section 110(1) of the Act.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with these Regulations. A copy can be obtained from the Welsh Government, Cathays Park, Cardiff, CF10 3NQ and is published on www.gov.wales.

(1)

2017 anaw 2. See section 110(1) of that Act for the definition of “public body” and section 108(2) of that Act for the definition of “health impact assessment”.

(2)

See section 124(1) of the Public Health (Wales) Act 2017 for the definition of “regulations”.

(3)

The reference in section 123 of the Public Health (Wales) Act 2017 to the National Assembly for Wales now has effect as a reference to Senedd Cymru by virtue of section 150A(2) of the Government of Wales Act 2006 (c. 32). See also section 40 of the Legislation (Wales) Act 2019 (anaw 4) for provision about the procedure that applies to this instrument.

(4)

2010 c. 15, to which there are amendments to Chapter 1 not relevant to these Regulations.