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This is the original version (as it was originally made).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. 104

national health service, wales

The National Health Service (Direct Payments) (Wales) Regulations 2026

Made

25 March 2026

Coming into force in accordance with regulation 1(2) and (3)

The Welsh Ministers, in exercise of the powers conferred on them by sections 10C(1) to (4), and 203(9) and (10) of the National Health Service (Wales) Act 2006(1), make the following Regulations(2).

In accordance with the Senedd approval procedure applied by section 203(6) of the National Health Service (Wales) Act 2006, a draft of this Welsh statutory instrument was laid before, and approved by resolution of, Senedd Cymru.

Title and coming into force

1. —(1) The title of these Regulations is the National Health Service (Direct Payments) (Wales) Regulations 2026.

(2) The following provisions of these Regulations come into force on 1 April 2026—

(a) regulation 2(1) in so far as it defines “child”, and

(b) subject to paragraph (3), the remaining provisions of these Regulations (including the remainder of regulation 2).

(3) The following provisions of these Regulations come into force on 1 October 2027—

(a) regulation 4 (direct payments in respect of a child), and

(b) any other provision of these Regulations in so far as it relates to a child.

Interpretation

1. —(1) In these Regulations—

“ the 2006 Act ” (“ Deddf 2006 ”) means the National Health Service (Wales) Act 2006;

“ the 2014 Act ” (“ Deddf 2014 ”) means the Social Services and Well-being (Wales) Act 2014(3);

“ care plan ” (“ cynllun gofal ”) means a plan prepared in accordance with regulation 11 (care plan and care co-ordinator);

“ child ” (“ plentyn ”) means a patient who has not attained the age of 16;

“ Child Measurement Programme for Wales ” (“ Rhaglen Mesur Plant Cymru ”) means the programme established to measure the height and weight of children aged 4 to 5 for the purpose of monitoring population-prevalence of underweight, overweight and obesity in accordance with Schedule 1 to the 2006 Act(4);

“ direct payments ” (“ taliadau uniongyrchol ”) means payments that the Welsh Ministers may make to a patient or in respect of the patient to a representative or nominee for the purpose of securing the provision to the patient of anything to which section 10B(3) of the 2006 Act (5) refers;

“ excluded person ” (“ person a eithrir ”) means a person to whom the Schedule applies (persons to or in respect of whom direct payments may not be made);

“ local authority ” (“ awdurdod lleol ”) means the council of a county or county borough in Wales;

“ manage ” (“ rheoli ”), in relation to a direct payment, means to receive and hold the payment and to secure the provision of the services specified in the patient’s care plan, in accordance with any conditions applied under these Regulations;

“ managed account ” (“ cyfrif a reolir ”) means an account administered by a person other than the payee for the purpose of—

(a) holding the direct payments on behalf of the payee, and

(b) applying the direct payments in accordance with the instructions of the payee;

“ nominee ” (“ enwebai ”) has the meaning given in regulation 8 (nominated person);

“ parental responsibility ” (“ cyfrifoldeb rhiant ”) has the meaning given in section 3 of the Children Act 1989 (meaning of parental responsibility)(6);

“ patient ” (“ claf ”) means a person to or in respect of whom direct payments may be made in accordance with regulations 3 to 7;

“ payee ” (“ talai ”) means a person responsible for managing direct payments, being either the patient or a representative or nominee acting for the patient;

“ personal representative ” (“ cynrychiolydd personol ”) means the executor or administrator for the time being of a deceased patient;

“ regulated service ” (“ gwasanaeth rheoleiddiedig ”) has the meaning given in section 2 of, and Schedule 1 to, the Regulation and Inspection of Social Care (Wales) Act 2016(7);

“ representative ” (“ cynrychiolydd ”) means—

(a) in the case of a patient in respect of whom any deputy has been appointed by the Court of Protection under section 16(2)(b) of the Mental Capacity Act 2005(8) (powers to appoint deputies) to make decisions on that patient’s behalf in relation to matters in respect of which direct payments may be made, any such deputy,

(b) in the case of a patient who has appointed any donee of a lasting power of attorney within the meaning of section 9 of the Mental Capacity Act 2005 (lasting powers of attorney) to make decisions on that patient’s behalf in relation to matters in respect of which direct payments may be made, any such donee,

(c) in the case of a patient who created an enduring power of attorney within the meaning of Schedule 4 to the Mental Capacity Act 2005 (provisions applying to existing enduring powers of attorney), which is registered in accordance with paragraphs 4 and 13 of that Schedule, or in respect of which an application has been made for such registration, any attorney in respect of whom the power is vested(9),

(d) in the case of a child, any person with parental responsibility for the child,

(e) in the case of a patient aged 16 or over but who lacks capacity and in respect of whom there is a person with parental responsibility, any such person with parental responsibility, or

(f) in the case of a patient in respect of whom a person has been appointed under regulation 5(4) (direct payments in respect of patients who lack capacity), that person;

“ social care direct payment ” (“ taliad uniongyrchol gofal cymdeithasol ”) means a payment to secure services to meet a need for care and support that is made—

(a) until the coming into force of section 49A of the 2014 Act(10), by virtue of regulations made under sections 50 to 53 of that Act, and

(b) following the coming into force of section 49A of the 2014 Act, by virtue of regulations made under that section.

(2) References in these Regulations to a person lacking capacity are references a person lacking capacity within the meaning of the Mental Capacity Act 2005(11).

Patients to whom direct payments may be made

1. —(1) The Welsh Ministers may make direct payments to a patient—

(a) who is not an excluded person, and

(b) who consents to the making of direct payments to them.

(2) In determining whether direct payments should be made to a patient falling within paragraph (1), the Welsh Ministers must have regard to—

(a) whether direct payments are appropriate for a patient with that patient’s condition,

(b) the impact of that condition on that patient’s life, and

(c) whether direct payments represent value for money.

(3) Direct payments may only be made to a patient falling with paragraph (1) if the patient—

(a) is aged 16 or over, and

(b) has capacity to consent to the making of direct payments to them.

Direct payments in respect of a child

1. —(1) Direct payments may be made in respect of a child, if the child—

(a) is not an excluded person, and

(b) has a representative who consents to the making of direct payments in respect of the child.

(2) In determining whether direct payments should be made in respect of a child falling within paragraph (1), the Welsh Ministers must have regard to—

(a) whether direct payments are appropriate for a child with that child’s condition,

(b) the impact of that condition on the child’s life, and

(c) whether direct payments represent value for money.

(3) A representative to whom direct payments may be made in respect of a child must—

(a) agree to act on the child’s behalf in relation to the direct payments,

(b) act in the best interests of the child when securing the provision of services in respect of which the direct payments are made,

(c) be responsible as the contracting party for all contractual arrangements entered into for the benefit of the child and secured by means of the direct payments, and

(d) use the direct payments in accordance with child’s care plan.

(4) This paragraph applies where a patient reaches the age of 16.

(5) Where paragraph (4) applies, the Welsh Ministers must, as soon as reasonably possible, review the making of the direct payments in accordance with regulation 18.

(6) Where paragraph (4) applies, the Welsh Ministers may continue to make direct payments to the representative or nominee in accordance with the patient’s care plan if—

(a) the patient consents to the continued making of the direct payments, and

(b) both the patient and the representative or nominee agree that the representative or nominee will continue to manage the direct payments on behalf of the patient.

(7) Where paragraph (4) applies and the patient does not consent to the continued making of direct payments, the Welsh Ministers must stop making the direct payments.

Direct payments in respect of patients who lack capacity

1. —(1) Direct payments may be made in respect of a patient, other than a child, who lacks capacity to consent to the making of direct payment, if that patient—

(a) is not an excluded person, and

(b) has a representative who consents to the making of direct payments in respect of that patient.

(2) In determining whether direct payments should be made in respect of a patient falling within paragraph (1), the Welsh Ministers must have regard to—

(a) whether direct payments are appropriate for a patient with that patient’s condition,

(b) the impact of that condition on that patient’s life, and

(c) whether direct payments represent value for money.

(3) This paragraph applies to a patient, other than a child, who lacks capacity to consent to the making of direct payments to them but is a patient in respect of whom there is no representative.

(4) Where paragraph (3) applies, the Welsh Ministers may appoint a person they consider suitable to act as a representative for that patient.

(5) A representative to whom direct payments are made in respect of a patient must—

(a) agree to act on the patient’s behalf in relation to the direct payment,

(b) act in the best interests of the patient when securing the provision of services in respect of which the direct payments are made,

(c) be responsible as the contracting party for all contractual arrangements entered into for the benefit of the patient and secured by means of the direct payments, and

(d) use the direct payments in accordance with patient’s care plan.

(6) In determining for the purposes of this regulation what is in the best interests of a patient, other than a child, the representative must comply with the requirements specified in subsections (1) to (7) of section 4 of the Mental Capacity Act 2005 (best interests).

Direct payments for patients who had but no longer have capacity

1. —(1) Where a patient has been receiving direct payments on the basis that they were eligible to do so under regulation 3, but the Welsh Ministers reasonably believe that the patient no longer has the necessary capacity to consent to the making of the direct payments, paragraph (2) applies.

(2) Where this paragraph applies, the Welsh Ministers may continue to make direct payments in respect of that patient if—

(a) they are satisfied that the patient’s lack of capacity is likely to be temporary, and

(b) either—

(i) a representative or nominee agrees, in accordance with regulation 5(5)(a) (representatives) or regulation 8(4)(a) (nominees), to act on the patient’s behalf in respect of the direct payments or to receive the direct payments on behalf of the patient, or

(ii) a nominee, appointed by the Welsh Ministers having regard to an indication given by the patient under regulation 8(2), agrees to receive the direct payments on behalf of the patient, and

(c) the direct payments are made subject to the condition that the representative or nominee must allow the patient to manage the direct payments themselves for any period in respect of which the Welsh Ministers are satisfied that the patient—

(i) has capacity to consent to the making of the direct payments, and

(ii) is capable of managing the direct payments themselves or with the assistance that is available to them.

Patients who gain or regain capacity: consent and review

1. —(1) This paragraph applies where direct payments are being made in respect of a patient under regulation 5 or regulation 6 and the patient gains or regains capacity to consent to the making of direct payments.

(2) Where paragraph (1) applies, the Welsh Ministers must as soon as reasonably possible review the making of the direct payments in accordance with regulation 18.

(3) Where paragraph (1) applies, the Welsh Ministers may continue to make direct payments to the representative or nominee in accordance with the patient’s care plan if—

(a) the patient consents to the continued making of the direct payments, and

(b) both the patient and the representative or nominee agree that the representative or nominee will continue to manage the direct payments on behalf of the patient.

(4) Where paragraph (1) applies and the patient does not consent to the making of direct payments, the Welsh Ministers must stop making the direct payments.

Nominated persons

1. —(1) The following persons may nominate another person (“ a nominee ”) to receive direct payments on a patient’s behalf—

(a) a patient, who is not a child, who has capacity to consent to the making of direct payments;

(b) the representative of a patient.

(2) Where a patient has lost capacity and, while they had capacity, indicated a wish for a particular person to act as their nominee if they were to lose capacity, that person may be appointed as the nominee.

(3) A nominee to whom direct payments are made in respect of a patient must—

(a) be responsible as the contracting party for all contractual arrangements entered into for the benefit of the patient and secured by means of the direct payments, and

(b) use the direct payments in accordance with patient’s care plan.

(4) Before making direct payments to a nominee—

(a) the nominee must agree to manage the direct payments on behalf of the patient, and

(b) the Welsh Ministers must be satisfied that the nominee is a suitable person to manage the direct payments on behalf of the patient.

(5) If a person who has nominated a nominee pursuant to paragraph (1) notifies the Welsh Ministers in writing that they wish to withdraw or change the nomination, the Welsh Ministers must consider whether to stop making the direct payments.

(6) Where paragraph (5) applies, the Welsh Ministers must as soon as reasonably possible review the making of the direct payments in accordance with regulation 18.

Consultation before a decision to make direct payments

1. —(1) Before deciding whether to make direct payments to a patient, the Welsh Ministers may consult one or more of the following persons—

(a) anyone identified by the patient as a person to be consulted for the purpose;

(b) if the patient is a person aged 16 or over but under the age of 18, a person with parental responsibility for the patient;

(c) the person primarily involved in the care of the patient;

(d) any other person who provides care for the patient;

(e) any independent mental capacity advocate or independent mental health advocate appointed for the patient;

(f) any local authority social care team that is responsible for ensuring that the patient’s social care needs are met;

(g) any other person who appears to the Welsh Ministers to be able to provide relevant information.

(2) Before deciding whether to make direct payments to a representative, the Welsh Ministers may consult one or more of the following persons—

(a) the patient;

(b) any deputy appointed in respect of the patient by the Court of Protection under section 16(2)(b) of the Mental Capacity Act 2005 who lacks authority to make decisions on behalf of the patient in relation to the matters in respect of which direct payments may be payable;

(c) any donee of a lasting power of attorney within the meaning of section 9 of the Mental Capacity Act 2005 in respect of the patient but who lacks authority to make decisions on behalf of the patient in relation to matters in respect of which direct payments may be made;

(d) anyone named by the patient, when the patient had capacity, as a person to be consulted for the purpose;

(e) any of the persons mentioned in paragraph (1)(c) to (g).

(3) Before deciding whether to make direct payments to a nominee, the Welsh Ministers may consult one or more of the persons mentioned in paragraph (1)(a) to (g) and paragraph (2)(a) to (c) and, where relevant, (d).

(4) In this regulation—

(a) “ independent mental capacity advocate ” has the meaning given in section 35(1) of the Mental Capacity Act 2005(12), and

(b) “ independent mental health advocate ” has the meaning given in section 130E of the Mental Health Act 1983(13).

Information required for assessing ability to manage direct payments

1. —(1) Before deciding whether to make direct payments to a patient, the Welsh Ministers—

(a) may require the patient to provide information relating to—

(i) the patient’s state of health,

(ii) any health condition in respect of which direct payments are contemplated, and

(iii) any bank, building society, Post Office or other account into which it is proposed direct payments may be paid, and

(b) must be satisfied that the patient is capable of managing (see paragraph (7)) direct payments by themself or with the assistance that is available to them.

(2) Before deciding whether to make direct payments to a representative, the Welsh Ministers—

(a) may require the representative to provide information relating to any bank, building society, Post Office or other account into which it is proposed direct payments may be paid, and

(b) must be satisfied that the representative is capable of managing direct payments by themself or with the assistance that is available to them.

(3) Before deciding whether to make direct payments to a representative, the Welsh Ministers may, in particular, consider—

(a) whether the patient has in the past, when the patient had capacity, expressed in writing, or by any other means which are understandable, a wish for direct payments to be made to them or for their benefit,

(b) so far as is reasonably ascertainable, the beliefs and values that would be likely to influence the patient’s decision as to whether or not to consent to receive direct payments if the patient had capacity, and

(c) any other information or evidence that may assist the Welsh Ministers with their consideration of whether the patient would be likely to consent to the making of direct payments if able to do so, including the patient’s past wishes and feelings.

(4) Before deciding whether to make direct payments to a nominee, the Welsh Ministers—

(a) may require a patient with capacity to provide information relating to the patient’s state of health or any health condition in respect of which direct payments are contemplated, and

(b) may require the nominee to provide information relating to any bank, building society, Post Office or other account into which it is proposed direct payments may be paid.

(5) Before deciding whether to make direct payments to a nominee, the Welsh Ministers must—

(a) be satisfied that the nominee is capable of managing direct payments by themselves or with the assistance that may be available to them;

(b) where the nominee is an individual, require the nominee to apply for an enhanced criminal record certificate issued under section 113B of the Police Act 1997(14) including suitability information relating to vulnerable adults under section 113BB of that Act(15), unless the nominee is an individual living in the same household as—

(i) the patient,

(ii) a family member mentioned in paragraph (6), or

(iii) a friend involved in the provision of the patient’s care;

(c) where the nominee is a body corporate or an unincorporated body of persons, require that the individual whom the nominee has decided will have overall responsibility for the day-to-day management of the direct payments on behalf of the nominee, applies for a criminal record certificate issued under section 113B of the Police Act 1997 including suitability information relating to vulnerable adults under section 113BB of that Act.

(6) The family members referred to in paragraph (5)(b)(ii) are—

(a) the spouse or civil partner of the patient;

(b) a person who lives with the patient as if their spouse or civil partner;

(c) a person who is the patient’s—

(i) parent, step-parent or parent-in-law,

(ii) son or daughter,

(iii) son-in-law or daughter-in-law,

(iv) stepson or stepdaughter,

(v) brother or sister,

(vi) aunt or uncle, or

(vii) grandparent;

(d) the spouse or civil partner of any person specified in sub-paragraph (c);

(e) any person who lives with any person specified in sub-paragraph (c) as if that person’s spouse or civil partner.

(7) In deciding whether a patient, representative or nominee is capable of managing direct payments, the Welsh Ministers may, in particular, consider whether—

(a) the patient, representative or nominee would be a suitable person to arrange with any person or body to provide, or assist in providing, any services secured by means of direct payments for the patient;

(b) the patient, representative or nominee has been able to manage direct payments or a social care direct payment;

(c) the patient, representative or nominee is capable of taking all reasonable steps to prevent the fraudulent use of the direct payments.

Care plan and care co-ordinator

1. —(1) The Welsh Ministers may not make direct payments unless they—

(a) have prepared a care plan which—

(i) identifies the health needs of the patient, and

(ii) specifies the services to be secured by way of direct payments,

(b) have advised the patient, and where relevant, the patient’s representative or nominee—

(i) whether there are any potential significant risks arising in relation to the making of direct payments to or in respect of the patient,

(ii) what would be the potential consequences of any such risks, and

(iii) whether there are any proportionate means of mitigating the risks,

(c) have agreed with the patient, and where relevant the patient’s representative or nominee, a procedure for managing each of the risks identified in accordance with sub-paragraph (b) and included the agreed procedure in the care plan, and

(d) are satisfied that—

(i) the health needs identified in the patient’s care plan can be met by the services specified in the care plan, and

(ii) the amount represented by the direct payments will be sufficient to provide for the full cost of each of the services specified in the care plan.

(2) The risks mentioned in paragraph (1)(b) may in particular include—

(a) risks to the patient’s health;

(b) medical or surgical risks arising from the securing of a particular type of service;

(c) risks arising from the employment relationship where direct payments are used to secure services from a person employed by or on behalf of the patient;

(d) risks arising from a provider of services secured by means of direct payments operating with an inadequate or no procedure for the investigation of complaints arising from the provision of the services;

(e) risks arising from a provider of services secured by means of direct payments operating with inadequate or no insurance or indemnity cover for the services provided;

(f) risks that monies paid by way of direct payments may go missing, be misused or be subject to fraud.

(3) The Welsh Ministers must nominate a care co-ordinator who is to be responsible for the following functions in respect of the patient—

(a) managing the assessment of the health needs of the patient for the care plan;

(b) ensuring that—

(i) the agreement of the patient or their representative has been obtained in relation to the matters specified in paragraph (12)(a),

(ii) confirmation has been obtained that the patient or their representative acknowledges the matter specified in paragraph (12)(b), and

(iii) such agreement and confirmation are reported to the Welsh Ministers;

(c) monitoring or arranging for the monitoring of—

(i) the making of direct payments, and

(ii) the health conditions of the patient in respect of which the direct payments are made;

(d) arranging for the review of the direct payments;

(e) liaising between the patient, or the patient’s representative or nominee and the Welsh Ministers in relation to the direct payments.

(4) The Welsh Ministers must specify each of the following in the care plan—

(a) the health needs to be met by services secured by means of direct payments and the health outcomes intended to be achieved through the provision of the services;

(b) the services to be secured by means of direct payments that the Welsh Ministers consider necessary to meet the health needs of the patient;

(c) the amount to be paid by direct payments and the intervals at which monies are to be paid;

(d) the name of the person who is the care co-ordinator in respect of the patient;

(e) the name of the person who is to be responsible for monitoring each health condition of the patient in respect of which direct payments may be made;

(f) the anticipated date of the first review mentioned in regulation 18(2)(a) (monitoring and review of direct payments) and details of how the review will be carried out;

(g) the period of notice that is to apply, if following a review under regulation 18(2)(a), the Welsh Ministers decide to reduce the amount of, or stop making the direct payments.

(5) The services that may be secured by means of direct payments do not include—

(a) services arranged or provided under the following sections of the 2006 Act—

(i) section 41 (primary medical services)(16),

(ii) section 42 (general medical services contracts), or

(iii) section 50 (arrangements by local health boards for the provision of primary medical services);

(b) services in respect of which a charge is otherwise payable by virtue of the following sections of the 2006 Act—

(i) section 121 (charges for drugs, medicines or appliances or pharmaceutical services),

(ii) section 125 (dental charges), and

(iii) section 128 (charges for optical appliances);

(c) planned surgical procedures;

(d) services provided in respect of vaccination, immunisation or screening (including population-wide programmes);

(e) participation in the Child Measurement Programme for Wales;

(f) services that consist of the supply or procurement of alcohol or tobacco;

(g) the provision of services or facilities in relation to gambling.

(6) Direct payments may not be used for the purpose of repaying a debt, whether or not that debt was incurred in respect of a service specified in the care plan or before the commencement of the direct payment arrangement.

(7) The Welsh Ministers may allow a service specified in a care plan to be provided by a connected person who is named in the care plan only if they are satisfied that it is necessary—

(a) to meet the patient’s need for that service, or

(b) to promote the welfare of a child.

(8) In paragraph (7), “ connected person ” means someone who lives in the same household as the patient (whether or not that person is a nominee) and is either—

(a) a family member mentioned in regulation 10(6), or

(b) a friend of the patient.

(9) If the Welsh Ministers have considered including a service in the care plan as a service to be secured by means of direct payments but decide not to include it—

(a) a patient or a representative may—

(i) request that the Welsh Ministers reconsider their decision, and

(ii) submit evidence or relevant information for the Welsh Ministers to take into account as part of that reconsideration;

(b) if a request is made under sub-paragraph (a)(i) the Welsh Ministers must—

(i) undertake a reconsideration of their decision, and

(ii) take into account any evidence or relevant information submitted under sub-paragraph (a)(ii).

(10) The Welsh Ministers must inform the patient and any representative in writing of the outcome of the reconsideration and state the reasons for their decision.

(11) The Welsh Ministers must not undertake more than one reconsideration in accordance with paragraph (9).

(12) Before deciding to make direct payments, the Welsh Ministers must obtain—

(a) the agreement of the patient or their representative that—

(i) the health needs of the patient specified in the care plan will be met by the services specified in the care plan, and

(ii) the amount of the direct payment is sufficient to cover the full cost of those services, and

(b) confirmation that the patient or their representative acknowledges that the patient’s requirements will be subject to review under regulation 18(2).

Information, advice or other support

1. —(1) The Welsh Ministers must make arrangements to ensure that information, advice or other support about direct payments, including the responsibilities associated with the receipt of direct payments, is available to the patient, or their representative or nominee before the Welsh Ministers make a decision to make direct payments.

(2) The Welsh Ministers must also make arrangements to ensure that information, advice or other support is available to the patient, or their representative or nominee after a decision is made to make direct payments.

(3) The arrangements for information, advice or other support mentioned in paragraphs (1) and (2) may, in particular, include—

(a) specifying the amount of a patient’s direct payment and how this payment is calculated;

(b) how a patient, representative or nominee can request a review of the patient’s direct payments and care plan;

(c) the circumstances in which a patient may no longer qualify for direct payments;

(d) the restrictions on how direct payments may be spent;

(e) the process involved in drawing up and agreeing a care plan;

(f) provision for advocacy services, whereby a third party assists a patient, representative or nominee in relation to the terms of a care plan, or the management of any contract under which services secured by means of direct payments are provided, or otherwise;

(g) provision for commissioning services, whereby a person assists the patient, representative or nominee in procuring services that may be secured by means of direct payments;

(h) provision for payroll services, training services, sickness services or other employment-related services to assist a patient, representative or nominee in relation to an employee whom the patient, representative or nominee employs to provide services secured by means of direct payments for the patient;

(i) where the patient is also in receipt of a social care direct payment, information on integration of both direct payments and the arrangements between the Welsh Ministers and a local authority for joint-working and co-operation.

(4) If the care plan specifies a requirement for information, advice or other support, that support may be a service in respect of which direct payments may be made.

Decision to make direct payments

1. —(1) The Welsh Ministers may decide to make a direct payment to or in respect of a patient only if—

(a) they have had regard to the matters specified in regulations 3 to 12, and

(b) they are satisfied that the requirements of those regulations are met in respect of the patient.

(2) Nothing in this regulation imposes a duty on the Welsh Ministers to make a direct payment.

(3) Where the Welsh Ministers make a decision under paragraph (1), they must—

(a) inform the patient and any representative or nominee in writing of the decision, and

(b) if the decision is not to make a direct payment, state the reasons for that decision.

(4) Where the Welsh Ministers make a decision under paragraph (1) not to make a direct payment—

(a) a patient, any representative or nominee may—

(i) request that the Welsh Ministers reconsider their decision, and

(ii) submit evidence or relevant information for the Welsh Ministers to take into account as part of that reconsideration;

(b) if a request is made under sub-paragraph (a)(i) the Welsh Ministers must—

(i) undertake a reconsideration of their decision, and

(ii) take into account any evidence or relevant information submitted under sub-paragraph (a)(ii).

(5) The Welsh Ministers must inform the patient and any representative or nominee in writing of the outcome of the reconsideration and state the reasons for their decision.

(6) The Welsh Ministers must not undertake more than one reconsideration in accordance with paragraph (4).

Conditions following a decision to make direct payments: accounts and audit requirements

1. —(1) This regulation applies where the Welsh Ministers have decided to make direct payments to or in respect of a patient.

(2) The Welsh Ministers may make direct payments into an account identified by a payee only if they are satisfied that the account meets the requirements specified—

(a) where the account is an account held in the name of the payee with a bank, building society or the Post Office, in paragraph (3), or

(b) where the account is a managed account, in paragraph (4).

(3) An account mentioned in paragraph (2)(a)—

(a) must not be a joint account, unless the Welsh Ministers have given prior approval;

(b) must be used solely for the purpose of holding monies deposited by way of direct payments;

(c) must be accessible only by named persons who have been approved by the Welsh Ministers;

(d) must be capable of being audited (by reference to statements setting out the source of monies deposited and the destination of monies withdrawn) by—

(i) the Welsh Ministers, or

(ii) any person authorised in writing by the Welsh Ministers;

(e) must enable the monitoring and review mentioned in regulation 18(1)(a) and (7)(c) to be carried out.

(4) An account mentioned in paragraph (2)(b)—

(a) must be capable of being audited (by reference to statements setting out the source of monies deposited and the destination of monies withdrawn) by—

(i) the Welsh Ministers, or

(ii) any person authorised in writing by the Welsh Ministers;

(b) must enable the monitoring and review mentioned in regulation 18(1)(a) and (7)(c) to be carried out.

(5) The Welsh Ministers may require a payee to provide them with access to information about an account into which a direct payment is, or may be, made.

(6) Paragraphs (1) to (5) do not apply where a one-off direct payment is made to or in respect of a patient.

(7) Where the Welsh Ministers are satisfied that a one-off direct payment is appropriate in the circumstances of an individual case, that payment may be made into the personal bank account of the payee.

(8) In this regulation and in regulation 15, “ a one-off direct payment ” means—

(a) a payment for a single item or service, or

(b) a single payment made for no more than 5 items or services where that payment is the only payment a patient would receive from the Welsh Ministers in any financial year.

Conditions following a decision to make direct payments: conditions for securing services

1. —(1) A payee—

(a) must use the direct payments in accordance with the patient’s care plan, in particular to secure the provision of all of the services specified in the care plan, and

(b) must not use the direct payments for any purpose other than securing those services.

(2) Before securing services from a provider using direct payments, the payee must satisfy themself—

(a) that the provider—

(i) if providing a regulated service, is registered with the Welsh Ministers as a service provider in respect of that service, or

(ii) if providing a service that requires the provider to be registered as a member of a profession regulated by a body mentioned in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002(17), has complied with that requirement, and

(b) that if the provider is required to operate under insurance or indemnity cover, that insurance or indemnity cover is—

(i) proportionate to the risks involved in providing the service, and

(ii) otherwise appropriate in relation to the service provided to the patient.

(3) If the payee requests that Welsh Ministers undertake the steps mentioned in paragraph (2) in respect of any particular provider of services, the Welsh Ministers must—

(a) carry out those steps, and

(b) confirm to the payee whether the provider satisfies the requirements set out in paragraph (2).

(4) A payee may only use direct payments to secure a service from a person mentioned in regulation 11(7) (a connected person) if the care plan specifies that the service may be provided by that person.

(5) A payee must on request, or at intervals specified by the Welsh Ministers, provide the Welsh Ministers with information or evidence relating to—

(a) the state of health or of any condition of the patient in respect of which direct payments are made, or

(b) the health outcomes expected from the provision of any service secured using the direct payments.

(6) The payee must, within a reasonable period, notify the Welsh Ministers when the state of health or another relevant circumstance relating to the patient changes substantively.

(7) Except in the case of a managed account, a payee must ensure that the account into which direct payments are made is—

(a) used only in relation to securing services by means of direct payments, and

(b) accessible only by named persons approved by the Welsh Ministers.

(8) A payee must, on request, or at intervals specified by the Welsh Ministers, provide the Welsh Ministers with information or evidence relating to—

(a) the account mentioned in paragraph (7), and

(b) the services secured by means of direct payments.

(9) The Welsh Ministers may impose on a payee either or both of the following conditions in connection with the payment and management of direct payments—

(a) a restriction preventing the payee from securing a service from a particular person;

(b) a requirement that the payee provide such information that the Welsh Ministers consider necessary, as described in paragraph (6) or (8), or in regulation 10(1)(a), (2)(a) or (4)(b).

(10) If any information or evidence required by virtue of this regulation or regulation 10 is not within the payee’s possession or control, the payee must take all reasonable steps to obtain it and provide it to the Welsh Ministers.

(11) Paragraphs (7) and (8)(a) do not apply where the Welsh Ministers make a one-off direct payment and that payment is deposited into the personal account of the payee in accordance with regulation 14(7).

Provision of information

1. —(1) Where these Regulations require a person to provide information to the Welsh Ministers, the information must—

(a) be provided in writing, which may include electronic form;

(b) be clear and legible, and in a format specified by the Welsh Ministers;

(c) where the information is held by a third party, be accompanied by any authorisation necessary to enable the Welsh Ministers to obtain that information directly from that third party.

(2) In any case where a person is unable to provide the required information, that person must provide, to the best of their knowledge and belief, a statement indicating where the information is held.

Amount of the direct payments

1. —(1) The Welsh Ministers must ensure that the amount of the direct payments paid to or in respect of a patient is sufficient to provide for the full cost of each of the services specified in the care plan.

(2) Where the Welsh Ministers are notified, or become aware, that the state of health of the patient has changed significantly, but in the view of the Welsh Ministers a review mentioned in regulation 18 is not necessary, the Welsh Ministers must be satisfied that the amount of the direct payments continues to be sufficient in accordance with paragraph (1).

(3) The Welsh Ministers may at any time increase or reduce the amount of the direct payments if satisfied that the new amount is sufficient in accordance with paragraph (1).

(4) The Welsh Ministers may, for any period, reduce the amount payable (including to zero) or pause payments, where—

(a) direct payments have been accumulated and remain unused, and

(b) the Welsh Ministers consider it reasonable to offset the accumulated amount against sums otherwise payable for that period.

(5) Where the Welsh Ministers decide to reduce the amount of the direct payments, they must provide reasonable notice in writing to payee stating the reasons for the decision.

(6) Where the Welsh Ministers decide under paragraph (5) to reduce the amount of the direct payments—

(a) a payee may—

(i) request that the Welsh Ministers reconsider their decision, and

(ii) submit evidence or relevant information for the Welsh Ministers to take into account as part of that reconsideration;

(b) if a request is made under sub-paragraph (a)(i) the Welsh Ministers must—

(i) undertake a reconsideration of their decision, and

(ii) take into account any evidence or relevant information submitted under sub-paragraph (a)(ii).

(7) The Welsh Ministers must inform the payee in writing of the outcome of the reconsideration and state the reasons for their decision.

(8) The Welsh Ministers must not undertake more than one reconsideration in accordance with paragraph (6).

Monitoring and review of direct payments

1. —(1) The Welsh Ministers must monitor—

(a) the making of direct payments to or in respect of a patient, and

(b) the health conditions of the patient in respect of which direct payments are made.

(2) The Welsh Ministers must review the making of direct payments to or in respect of the patient at intervals the Welsh Ministers consider appropriate and—

(a) at least once within the first 3 months, and

(b) subsequently, at intervals not exceeding 12 months.

(3) Where the Welsh Ministers are notified, or become aware, that the state of health of the patient has changed significantly, they must consider whether a review is appropriate.

(4) Where the Welsh Ministers become aware that the direct payments have not been sufficient to secure the services specified in the care plan, they must carry out a review.

(5) Where a payee, or where the patient is not the payee, the patient requests a review, the Welsh Ministers must consider whether it is reasonable to carry out a review.

(6) When carrying out a review, the Welsh Ministers must—

(a) review the care plan to establish whether it continues to provide appropriately for the health needs of the patient,

(b) consider whether the direct payments have been used effectively,

(c) consider whether the amount of the direct payments is sufficient to cover the full costs of each of the services specified in the care plan, and

(d) consider whether the payee has complied with the obligations imposed on them in accordance with regulation 15.

(7) When carrying out a review the Welsh Minsters may—

(a) re-assess the health needs of the patient for services that are to be secured by way of direct payments,

(b) consult any relevant persons mentioned in regulation 9,

(c) review receipts, bank statements or other information relating to the use of the direct payments,

(d) consider whether the direct payments have been effectively managed, including whether any provider of any services secured by means of the direct payments—

(i) if providing a regulated service, is registered with the Welsh Ministers as a service provider in respect of that service, or

(ii) if providing a service that requires the provider to be registered as a member of a profession regulated by a body mentioned in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002, has complied with that requirement, and

(e) if the provider is required to operate under insurance or indemnity cover, consider whether that insurance or indemnity cover is—

(i) proportionate to the risks involved in providing the service, and

(ii) otherwise appropriate in relation to the service provided to the patient.

(8) Following a review, the Welsh Ministers may—

(a) amend the care plan;

(b) substitute the payee;

(c) increase, maintain or reduce the amount of the direct payments;

(d) pause or stop making the direct payments;

(e) impose either or both of the following conditions in connection with the payment and management of the direct payments—

(i) a restriction preventing the payee from securing a service from a particular person, or

(ii) a requirement that the payee provide such information that the Welsh Ministers consider necessary other than that described at regulation 10(1)(a), (2)(a) or (4)(b) (information required for assessing ability to manage direct payments) or regulation 15(5), (8) or (9)(b) (conditions following a decision to make direct payments: conditions for securing services);

(f) take any other action that the Welsh Ministers consider appropriate.

(9) Where following a review the Welsh Ministers decide to reduce the amount of, or stop making, the direct payments, they must give reasonable notice in writing to the payee, and where the patient is not the payee, the patient, stating the reasons for the decision.

(10) On receipt of a notice under paragraph (9)—

(a) the payee, and where the patient is not the payee, the patient may—

(i) request that the Welsh Ministers reconsider their decision, and

(ii) submit evidence or relevant information for the Welsh Ministers to take into account as part of that reconsideration;

(b) if a request is made under sub-paragraph (a)(i), the Welsh Ministers must—

(i) undertake a reconsideration of their decision, and

(ii) take into account any evidence or relevant information submitted under sub-paragraph (a)(ii).

(11) The Welsh Ministers must inform the payee, and where the patient is not the payee, the patient in writing of the outcome of the reconsideration and state the reasons for their decision.

(12) Following a reconsideration under paragraph (10), the Welsh Ministers may, if they consider it appropriate, carry out one further review of the direct payments, but no more.

Repayment of direct payments

1. —(1) The Welsh Ministers may require a payee to repay all or part of a direct payment to the Welsh Ministers.

(2) In determining whether it is appropriate to require a repayment, the Welsh Ministers must have regard to all relevant circumstances, including in particular, to whether—

(a) the care plan has changed substantially (following a review under regulation 18),

(b) the patient’s circumstances have changed substantially,

(c) any direct payments received by the payee have not been used within a reasonable period and, if so, the amount that has accumulated in respect of direct payments that is held by the payee,

(d) the direct payments have been used otherwise than for the purpose of securing services specified in the care plan,

(e) it appears to the Welsh Ministers that theft, fraud or another offence may have occurred in connection with the direct payments, or

(f) the patient has died.

(3) Where the Welsh Ministers decide to require repayment of a sum under paragraph (1), the Welsh Ministers must give reasonable notice in writing to the payee, and where the patient is not the payee, the patient, stating—

(a) the reasons for the decision,

(b) the amount to be repaid,

(c) the person who must repay the sum specified in accordance with sub-paragraph (b), and

(d) the period in which the sum must be repaid.

(4) In the case of a patient who has died, the notice mentioned in paragraph (3) must be given to the patient’s personal representative.

(5) On receipt of a notice under paragraph (3)—

(a) a payee, and where the patient is not the payee, the patient, or a personal representative may—

(i) request that the Welsh Ministers reconsider their decision, and

(ii) submit evidence or relevant information for the Welsh Ministers to take into account as part of that reconsideration;

(b) if a request is made under sub-paragraph (a)(i), the Welsh Ministers must—

(i) undertake a reconsideration of their decision, and

(ii) take into account any evidence or relevant information submitted under sub-paragraph (a)(ii).

(6) The Welsh Ministers must give notice in writing to the payee, and where the patient is not the payee, the patient, or a personal representative of the decision on the reconsideration, stating—

(a) the reasons for the decision,

(b) the amount to be repaid (if any),

(c) the period in which any sum must be repaid, and

(d) the person who must repay the sum (if any).

(7) The Welsh Ministers must not undertake more than one reconsideration following a decision under paragraph (1).

(8) The Welsh Ministers may waive, in whole or in part, any requirement to repay sum arising from a decision under paragraph (1) or a decision on a reconsideration made under paragraph (5).

Recovery of amounts due as a civil debt

1. —(1) This paragraph applies where—

(a) the Welsh Ministers have required repayment of a sum under regulation 19, and

(b) the reason for requiring repayment is that it appears to the Welsh Ministers that theft, fraud or another offence may have occurred in connection with the management of direct payments.

(2) Where paragraph (1) applies, the Welsh Ministers may recover the sum summarily as a civil debt.

(3) Paragraph (2) does not affect any other method of recovery.

Stopping direct payments

1. —(1) The Welsh Ministers must stop making direct payments—

(a) in the case of a patient, other than a child, who has capacity to consent to the making of direct payments, if the patient does not, or has withdrawn, consent to the making of direct payments;

(b) in the case of a child or a patient who lacks capacity to consent to the making of direct payments—

(i) if a representative has withdrawn consent to the making of direct payments, and

(ii) if there is no other representative who consents pursuant to regulation 4(1)(b) or 5(1)(b);

(c) in accordance with regulation 4(7) or 7(4) (withdrawal of consent in relation to the making of direct payments).

(2) The Welsh Ministers may stop making direct payments if they are satisfied that it is appropriate to do so and, in particular, if—

(a) a person in respect of whom a direct payment is made is not a patient;

(b) the Welsh Ministers do not consider that the representative or the nominee is a suitable person to receive direct payments in respect of the patient;

(c) the nominee does not agree to receive the direct payments in respect of the patient;

(d) the person who has nominated the nominee (in accordance with regulation 8(1)) has withdrawn that nomination in accordance with regulation 8(5);

(e) the direct payments have been used otherwise than for the purpose of securing services specified in the care plan;

(f) it appears to the Welsh Ministers that theft, fraud or another offence may have occurred in connection with the management of direct payments;

(g) the Welsh Ministers consider that the health needs of the patient cannot be, or are not being, met by services secured by means of direct payments;

(h) the patient has died.

(3) The Welsh Ministers must give reasonable notice in writing to the payee and, where the patient is not the payee, to the patient, stating the reasons for the decision, if they—

(a) are obliged to stop making direct payments under paragraph (1), or

(b) decide to stop making direct payments under paragraph (2).

(4) In the case of a patient who has died, the notice mentioned in paragraph (3) must be given to the personal representative of the patient.

(5) On receipt of a notice under paragraph (3)—

(a) the payee or, where the patient is not the payee, the patient or the personal representative may—

(i) request that the Welsh Ministers reconsider their decision, and

(ii) submit evidence or relevant information for the Welsh Ministers to take into account as part of that reconsideration;

(b) if a request is made under sub-paragraph (a)(i), the Welsh Ministers must—

(i) undertake a reconsideration of their decision, and

(ii) take into account any evidence or relevant information submitted under sub-paragraph (a)(ii) as part of that reconsideration.

(6) The Welsh Ministers must inform the payee or, where the patient is not the payee, the patient or the personal representative in writing of their decision on a reconsideration under paragraph (5).

(7) The Welsh Ministers must not undertake more than one reconsideration under paragraph (5).

(8) The Welsh Ministers may stop making direct payments following reasonable notice even though a decision under paragraph (1) or paragraph (2) is being reconsidered.

(9) Any right or liability of the patient, personal representative, representative or nominee in respect of or to another person (“ a third party ”), acquired or accrued in respect of service secured by means of a direct payment, transfers to the Welsh Ministers in the event that the Welsh Ministers stop making direct payments pursuant to paragraph (1) or paragraph (2).

(10) The transfer of any liability under paragraph (9) is binding on a third party whether or not it otherwise would have required the consent of that party.

Dawn Bowden

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

25 March 2026

Regulations 3, 4 and 5

Schedule Persons to or in respect of whom direct payments may not be made

1. In this Schedule “ the 2003 Act ” means the Criminal Justice Act 2003(18).

2. This Schedule applies to a person who is—

(a) subject to a drug rehabilitation requirement (within the meaning of paragraph 19 of Schedule 9 to the Sentencing Code), imposed by—

(i) a community order (within the meaning of section 200 of the Sentencing Code), or

(ii) a suspended sentence order (within the meaning of section 286 of the Sentencing Code);

(b) subject to an alcohol treatment requirement (within the meaning of paragraph 23 of Schedule 9 to the Sentencing Code), imposed by a community order (within the meaning of section 200 of the Sentencing Code);

(c) released from prison on licence under Chapter 6 of Part 12 of the 2003 Act (release, licences, supervision and recall) and is subject to one or more of the following conditions imposed in accordance with section 250 of the 2003 Act(19) (licence conditions)—

(i) a drug testing requirement under section 64 of the Criminal Justice and Court Services Act 2000(20);

(ii) a drug appointment requirement under section 64A of that Act(21);

(iii) a requirement to participate in, or co-operate with, a programme or set of activities (to address offending behaviour related to drug or alcohol misuse) under article 7 of the Criminal Justice (Sentencing) (Licence Conditions) Order 2015(22);

(d) released from prison on licence under Chapter 2 of Part 2 of the Crime (Sentences) Act 1997(23) (“ the 1997 Act ”) (effect of custodial sentences: life sentences) and is subject to one or more of the following conditions imposed in accordance with section 31(2) of the 1997 Act(24)—

(i) a drug testing requirement;

(ii) an alcohol testing requirement;

(iii) a requirement to participate in, or co-operate with, a programme or set of activities (to address offending behaviour related to drug or alcohol misuse);

(e) required to comply with a drug testing requirement under section 256AB(1)(i) or a drug appointment requirement under section 256AB(1)(j) of the 2003 Act(25) that is specified in a notice given under section 256AA of that Act(26) (supervision after end of sentence of prisoners serving less than 2 years);

(f) subject to a youth rehabilitation order (within the meaning of section 173 of the Sentencing Code) that imposes one or more of the following—

(i) a drug testing requirement in accordance with section 174 of and Part 13 of Schedule 6 to the Sentencing Code(27);

(ii) a drug treatment requirement in accordance with section 174 of and Part 14 of Schedule 6 to the Sentencing Code;

(iii) an intoxicating substance treatment requirement in accordance with section 174 of and Part 15 of Schedule 6 to the Sentencing Code;

(iv) a programme requirement in accordance with section 174 of and Part 4 of Schedule 6 to the Sentencing Code (to undertake offending behaviour work to address behaviour related to substance abuse);

(g) subject to a community payback order (within the meaning of section 227A of the Criminal Procedure (Scotland) Act 1995 Act)(28) (“ the 1995 Act ”) that imposes one or more of the following—

(i) a drug treatment requirement in accordance with sections 227A(2)(g) and 227U of the 1995 Act;

(ii) an alcohol treatment requirement in accordance with sections 227(2)(h) and 227V of the 1995 Act;

(iii) a programme requirement in accordance with sections 227(2)(d) and 227P of the 1995 Act (to undertake offending behaviour work to address behaviour relating to substance abuse);

(h) released on licence under Part 1 of the Prisoners and Criminal Proceedings (Scotland) Act 1993 and are subject to one or more of the following conditions specified in accordance with section 12 of that Act(29)—

(i) an alcohol treatment requirement;

(ii) a drug treatment requirement;

(iii) a programme requirement (to address behaviour related to drug or alcohol abuse in accordance with a behavioural programme).

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make provision for the making of direct payments for health care by the Welsh Ministers for the purposes of the provision of certain health services under the National Health Service (Wales) Act 2006.

Regulation 1 makes provision about the coming into force of these Regulations. Regulation 1(2) provides that most of the provisions come into force on 1 April 2026 and specifically includes the definition of “child” in regulation 2(1) which is required to identify which provisions will come into force on 1 October 2027.

Regulation 1(3) provides that regulation 4 (direct payments in respect of a child) and any other provision, in so far as it relates to a child, come into force on 1 October 2027.

Regulations 3 to 5 specify the patients to, or in respect of whom, direct payments may be made, and the Schedule specifies the persons to or in respect of whom direct payments cannot be made (excluded persons). Regulation 6 contains provision about patients who had but no longer have mental capacity to consent to the making of direct payments and regulation 7 contains provision about patients who gain or regain mental capacity.

Regulation 8 provides for the nomination of a person (a nominee) to receive and administer direct payments on behalf of a patient.

Regulations 9 to 12 set steps that enable the Welsh Ministers to gather the information they need in order to make a decision (in accordance with regulation 13) on whether to make direct payments to or in respect of a patient.

Regulation 9 contains provision about the relevant persons whom the Welsh Ministers may consult before deciding whether or not to make a direct payment.

Regulation 10 specifies the information the Welsh Ministers require in order to assess the ability of a patient, their representative or nominee to manage direct payments, and regulation 11 specifies the requirements for a care plan and sets out the role of the care co-ordinator.

Regulation 12 details the information, advice or other support that the Welsh Ministers must provide before a decision is made in respect of direct payment. It also sets out the requirements for the provision of information, advice or other support in cases where the Welsh Ministers decide to make direct payments.

The Welsh Ministers must make a decision on whether to make direct payments in accordance with regulation 13.

Regulations 14 and 15 make provision about the conditions that may be imposed on the person who receives and manages the direct payment (the payee); this may be the patient, or their representative or nominee.

Regulation 16 makes provision about the supply of information required by the Welsh Ministers and regulation 17 makes provision about the amount of direct payments.

Regulation 18 makes provision about the monitoring and review of direct payments and regulations 19 to 21 provide for the repayment, recovery and stopping 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 2006 Act ”); section 10C was inserted into the 2006 Act by section 24(2) of the Health and Social Care (Wales) Act 2025 (asc 1). See section 206(1) of the 2006 Act for the definition of “regulations”.

(2) The reference in section 203(6) of the National Health Service (Wales) Act 2006 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).

(3) 2014 anaw 4.

(4) See paragraphs 7A and 7B of Schedule 1 to the National Health Service (Wales) Act 2006; paragraphs 7A and 7B were inserted by the Health and Social Care Act 2008 (c. 14) section 144; and have been amended respectively by the Children and Families (Wales) Measure 2010 (nawm 1), section 72 and Schedule 1, paragraph 26 and the Data Protection Act 2018 (c. 12), section 211 and Schedule 19, paragraph 119.

(5) Section 10B was inserted into the National Health Service (Wales) Act 2006 by section 24(2) of the Health and Social Care (Wales) Act 2025.

(6) 1989 c. 41 (“ the 1989 Act ”). A person may have parental responsibility for a person who is not a child for the purposes of these Regulations; see section 105 of the 1989 Act, by virtue of which “child”, for the purposes of the 1989 Act means, subject to paragraph 16 of Schedule 1 to that Act, a person under the age of 18.

(7) 2016 anaw 2. See S.I. 2017/1264 (W. 295), 2019/165 (W. 41), 2019/757 (W. 142), 2019/762 (W. 145) and 2023/1327 (W. 238) for exceptions.

(8) 2005 c. 9.

(9) It is no longer possible to make an enduring power of attorney; this has been the case since 1 October 2007. However, those that are currently in use or have been made but are currently unregistered remain valid.

(10) Section 49A is prospectively inserted into the Social Services and Well-being (Wales) Act 2014 Act by section 20(2) of the Health and Social Care (Wales) 2025 Act.

(11) 2005 c. 9.

(12) 2005 c. 9. Section 35 has been amended by the Mental Health Act 2007 (c. 12), section 50 and Schedule 9, paragraph 3; the Health and Social Care Act 2012 (c. 7), section 55(2) and Schedule 5, paragraph 134; and S.I. 2018/195 (W. 44), regulation 28.

(13) 1983 c. 20; section 130E was inserted by the Mental Health (Wales) Measure 2010 (nawm 7), section 31.

(14) 1997 c. 50 (“ the 1997 Act ”); section 113B was inserted into the 1997 Act by the Serious Organised Crime and Police Act 2005 (c. 15), section 163; amended by the Safeguarding Vulnerable Groups Act 2006 (c. 47), section 63 and Schedule 9, paragraph 14(3); by the Armed Forces Act 2006 (c. 52), section 378 and Schedule 16, paragraph 149; by the Policing and Crime Act 2009 (c. 26), section 112 and Part 8 of Schedule 8; by the Protection of Freedoms Act 2012 (c. 9), sections 80(1) and 82(1) to (3), and section 115(2) and Part 5 of Schedule 10; by the Crime and Courts Act 2013 (c. 22), section 15 and Schedule 8, paragraph 60; by the Armed Forces Act 2021 (c. 35), section 12 and Schedule 5, paragraph 10; by S.I. 2009/203, article 4; and by S.I. 2012/3006, article 37(c).

(15) Section 113BB was inserted into the Police Act 1997 by the Safeguarding Vulnerable Groups Act 2006, section 63 and Schedule 9, paragraph 14(4); and amended by the Protection of Freedoms Act 2012, section 115(2) and by Part 5 of Schedule 10.

(16) Section 41 of the National Health Service (Wales) Act 2006 was amended by the Health and Social Care Act 2012 (c. 7), section 306(4) and Schedule 21, paragraph 26.

(17) 2002 c. 17 (“ the 2002 Act ”). Section 25(3) of the 2002 Act has been amended by the Health and Social Care Act 2008 (c. 14), section 127 and Schedule 10, paragraph 17(2); by the Health and Social Care Act 2012 (c. 7), section 230 and Schedule 15, paragraph 56(b); by the Children and Social Work Act 2017 (c. 16), section 56 and Schedule 4, paragraph 2(2); and by S.I. 2010/231, article 68 and Schedule 4, paragraph 10(2).

(18) 2003 c. 44.

(19) 2003 c. 44 (“ the 2003 Act ”). Section 250 of the 2003 Act has been amended by the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), section 89 and Schedule 10, paragraph 25(a), section 111 and Schedule 4, paragraph 9, section 117(5), and section 125 and Schedule 20, paragraph 6(2); by the Offender Rehabilitation Act 2014 (c. 11), sections 5(5) and 12(2); by the Criminal Justice and Courts Act 2015 (c. 2), section 6 and Schedule 1, paragraph 17, and section 7 and Schedule 2, paragraph 4; by the Sentencing Act 2020 (c. 17), section 410 and Schedule 24, paragraph 227; by the Counter-Terrorism and Sentencing Act 2021 (c. 11), section 46 and paragraphs 9(5), 21(5) and 45(3) of Schedule 13; and by the Police, Crime, Sentencing and Courts Act 2022 (c. 32), section 134.

(20) 2000 c. 43. Section 64 has been amended by the Armed Forces Act 2006 (c. 52), section 378 and Schedule 16, paragraph 185; by the Offender Rehabilitation Act 2014 (c. 11), section 7 and Schedule 3, paragraph 13 and section 11; by the Sentencing Act 2020 (c. 17), section 410 and Schedule 24, paragraph 175; by the Counter-Terrorism and Sentencing Act 2021 (c. 11), section 46 and Schedule 13, paragraph 18(4); and by S.I. 2008/912, article 3 and Schedule 1, paragraph 18(2).

(21) Section 64A was inserted into the Criminal Justice and Court Services Act 2000 (c. 43) (“ the 2000 Act ”) by the Offender Rehabilitation Act 2014, section 12(1). The 2000 Act was amended by Sentencing Act 2020, section 410 and Schedule 24, paragraph 176; and by the Counter-Terrorism and Sentencing Act 2021, section 46 and Schedule 13, paragraph 18(5).

(22) S.I. 2015/337. Article 7 has been amended by S.I. 2017/985, article 2(b) and S.I. 2022/459, article 2(3).

(23) 1997 c. 43.

(24) Section 31 of the Crime (Sentences) Act 1997 has been amended by the Crime and Disorder Act 1998 (c. 37), section 119 and Schedule 8, paragraph 31; by the Criminal Justice and Court Services Act 2000, section 230 and Schedule 18, paragraph 1, section 304 and Schedule 32, paragraph 83(4), and section 332 and Part 8 of Schedule 37; by the Children Act 2004 (c. 31), section 64 and Part 4 of Schedule 5; by the Criminal Justice and Immigration Act 2008 (c. 4), section 149 and Part 2 of Schedule 28; by the Criminal Justice and Courts Act 2015 (c. 2), section 7 and Schedule 2, paragraph 1; by the Victims and Prisoners Act 2024 (c. 21), section 66(2); by S.I. 2005/886, article 2 and paragraph 53 of the Schedule; and by S.I. 2008/912, article 3 and Schedule 1, paragraph 12(2).

(25) Section 256AB was inserted into the Criminal Justice Act 2003 by the Offender Rehabilitation Act 2014, section 2(4) and Schedule 1, paragraph 1; and has been amended by the Sentencing Act 2020, section 410 and Schedule 24, paragraph 230.

(26) Section 256AA was inserted into the Criminal Justice Act 2003 by section 2(2) of the Offender Rehabilitation Act 2014; and has been amended by the Sentencing Act 2020, section 410 and Schedule 24, paragraph 230.

(27) Section 174 of the Sentencing Code has been amended by the Police, Crime, Sentencing and Courts Act 2022 (c. 32), section 161 and Schedule 17, paragraph 4(2), (3) and (4).

(28) 1995 c. 46 (“ the 1995 Act ”). Sections 227A to 227ZO were inserted into the 1995 Act by the Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), section 14(1).

(29) 1993 c. 9. Section 12 has been amended by the Criminal Justice and Court Services Act 2000 (c. 43), section 74 and Schedule 7, paragraph 4(1)(a) and (2); by the Criminal Justice (Scotland) Act 2003 (asp 7), sections 28(3) and 35(2); by the Management of Offenders etc. (Scotland) Act 2005 (asp 14), section 15(9); by the Bail and Release from Custody (Scotland) Act 2023 (asp 4), section 11(3); by S.I. 2005/886, article 2 and paragraph 50(1) of the Schedule; and by S.I. 2008/912, article 3 and Schedule 1, paragraph 10(2).

• Previous
• Next Back to top