Health and Social Care (Wales) Act 2025 (Consequential Amendments) Regulations 2026
Summary
The Welsh Ministers have issued the Health and Social Care (Wales) Act 2025 (Consequential Amendments) (Wales) Regulations 2026, effective April 1, 2026. These regulations amend the Care Act 2014 and the Regulation and Inspection of Social Care (Wales) Act 2016 to align with the Health and Social Care (Wales) Act 2025.
What changed
These regulations, made by the Welsh Ministers and effective April 1, 2026, introduce consequential amendments to existing legislation stemming from the Health and Social Care (Wales) Act 2025. Specifically, Regulation 2 amends sections of the Care Act 2014 by replacing references to certain provisions of the Social Services and Well-being (Wales) Act 2014 with updated references related to direct payments for care and support, and after-care. Regulation 3 amends the Regulation and Inspection of Social Care (Wales) Act 2016 to reflect changes made by the 2025 Act concerning false statements.
Healthcare providers and social care organizations operating in Wales should review these amendments to ensure their internal processes and documentation align with the updated legislative references. While no new regulatory impact assessment was deemed necessary, compliance officers should verify that any references to direct payments or after-care provisions within their operations correctly reflect the updated statutory language to avoid non-compliance with the amended Acts.
What to do next
- Review amendments to the Care Act 2014 and Regulation and Inspection of Social Care (Wales) Act 2016.
- Update internal documentation and processes to reflect new statutory references for direct payments and after-care.
Source document (simplified)
Status:
This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
Welsh Statutory Instruments
2026 No. 98
Social Care, Wales
The Health and Social Care (Wales) Act 2025 (Consequential Amendments) (Wales) Regulations 2026
Made
25 March 2026
Coming into force
1 April 2026
The Welsh Ministers make the following Regulations in exercise of the power conferred on them by section 28(1)(a) of the Health and Social Care (Wales) Act 2025(1).
In accordance with the Senedd approval procedure applied by section 28(3) of that Act a draft of this Welsh statutory instrument was laid before, and approved by resolution of, Senedd Cymru.
Title and coming into force
- —(1) The title of these Regulations is the Health and Social Care (Wales) Act 2025 (Consequential Amendments) (Wales) Regulations 2026.
(2) These Regulations come into force on 1 April 2026.
Care Act 2014
- —(1) The Care Act 2014(2) is amended as follows.
(2) In section 49(2)(b)(i) (section 48: cross-border cases), for “50 or 52 of” substitute “49A(1)(a) or (c) of or Schedule A1 to”.
(3) In section 51(2)(b)(ii) (temporary duty on Health and Social Care trust in Northern Ireland), for “50 or 52 of” substitute “49A(1)(a) or (c) of or Schedule A1 to”.
(4) In Schedule 1 (cross-border placements), in paragraph 9(2)(a), for “50 or 52 of” substitute “49A(1)(a) or (c) of or Schedule A1 to”.
Regulation and Inspection of Social Care (Wales) Act 2016
- In the Regulation and Inspection of Social Care (Wales) Act 2016(3), in section 47 (false statements), in paragraph (d), for “32(1)” substitute “32(1A) or (1B)”.
Dawn Bowden
Minister for Children and Social Care, under the authority of the Cabinet Secretary for Health and Social Care, one of the Welsh Ministers
25 March 2026
EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations amend the Care Act 2014 and the Regulation and Inspection of Social Care (Wales) Act 2016 (“ the 2016 Act ”) in consequence of amendments made by the Health and Social Care (Wales) Act 2025 (“ the 2025 Act ”).
Regulation 2 amends references that the Care Act 2014 makes to certain provisions of the Social Services and Well-being (Wales) Act 2014 that are amended by the 2025 Act. These are provisions relating to “direct payments” made towards the cost of meeting a person’s needs for care and support or towards the cost of meeting a person’s need for “after-care” under section 117 of the Mental Health Act 1983.
Regulation 3 amends section 47(d) of the 2016 Act to reflect amendments made to section 32 of that Act by section 17(2) of the 2025 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, it was not considered necessary to carry out a regulatory impact assessment as to the likely costs and benefits of complying with this instrument.
(1) 2025 asc 1.
(2) 2014 c. 23.
(3) 2016 anaw 2.
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