The Local Health Boards (Directed Functions) (Wales) (Amendment) Regulations 2026

Welsh Statutory Instruments

2026 No. 4

national health service, wales

The Local Health Boards (Directed Functions) (Wales) (Amendment) Regulations 2026

Made

16 January 2026

Coming into force

1 April 2026

The Welsh Ministers, in exercise of the powers conferred on them by sections 12(1)(b), 203(9) and (10) and 204(3)(c)(i) of the National Health Service (Wales) Act 2006(1), make the following Regulations.

Title and coming into force

1.—(1) The title of these Regulations is the Local Health Boards (Directed Functions) (Wales) (Amendment) Regulations 2026.

(2) These Regulations come into force on 1 April 2026.

Amendment of the Local Health Boards (Directed Functions) (Wales) Regulations 2009

2.—(1) The Local Health Boards (Directed Functions) (Wales) Regulations 2009(2) are amended as follows.

(2) In regulation 2 (interpretation), in the appropriate place in alphabetical order insert—

“ “direct payments” (“taliadau uniongyrchol”) has the same meaning as in section 10B(8) of the Act;”.

(3) After regulation 4 (functions to be exercised by Local Health Boards) insert—

Functions to be exercised by Local Health Boards on and after 1 April 2026

4A.— (1) On and after 1 April 2026, a Local Health Board must exercise the functions of the Welsh Ministers specified in—

(a) sections 10B(1) and 10D of the Act (direct payments for health care and arrangements with other bodies relating to direct payments)(3), and

(b) the National Health Service (Direct Payments) (Wales) Regulations 2026.

(2) But the exercise of the functions specified in paragraph (1) is subject to—

(a) regulation 5, and

(b) any prohibitions or restrictions in an LHB Order.”

Dawn Bowden

Minister for Children and Social Care under authority of the Cabinet Secretary for Health and Social Care, one of the Welsh Ministers

16 January 2026

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Local Health Boards (Directed Functions) (Wales) Regulations 2009 (S.I. 2009/1511 (W. 147)) (“the 2009 Regulations”).

Regulation 2 amends the 2009 Regulations with the effect that Local Health Boards are directed to exercise the specified functions of the Welsh Ministers in relation to the making of direct payments.

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 on the website at www.gov.wales.

(1)

2006 c. 42 (“the Act”). References to the National Assembly for Wales in section 203 of the Act now have effect as references to Senedd Cymru by virtue of section 150A(2) of the Government of Wales Act 2006 (c. 32).

(2)

S.I. 2009/1511 (W. 147), to which there are amendments but none are relevant.

(3)

Sections 10B to 10D were inserted into the National Health Service (Wales) Act 2006 by the Health and Social Care (Wales) Act 2025 (asc 1), section 24(2).