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Welsh Statutory Instruments

2026 No. 74

social care, wales

The Annual Returns (Miscellaneous Amendments) (Wales) Regulations 2026

Made

4 March 2026

Coming into force

1 April 2026

The Welsh Ministers make the following Regulations in exercise of the powers conferred by sections 10(1)(b), (2A) and (4A) and 187(1)(a) of the Regulation and Inspection of Social Care (Wales) Act 2016(1) (“ the 2016 Act ”), and section 28(1)(a) of the Health and Social Care (Wales) Act 2025(2).

These Regulations have been laid before Senedd Cymru in accordance with the Senedd approval procedure under section 10(6)(d) of the 2016 Act.

Title and coming into force

1. The title of these Regulations is the Annual Returns (Miscellaneous Amendments) (Wales) Regulations 2026 and they come into force on 1 April 2026.

Amendments to the Regulated Services (Annual Returns) (Wales) Regulations 2017

1. —(1) The Regulated Services (Annual Returns) (Wales) Regulations 2017(3)are amended as follows.

(2) After regulation 6 insert—

“ 6A. — (1) An annual return which is submitted by a service provider, other than a local authority, that provides a restricted children’s service, must contain a statement that the service provider continues to meet the requirement in section 6A(1) of the Act.

(2) Paragraph (1) does not apply to a service provider to which section 6A of the Act does not apply by virtue of paragraph 2(4) of Schedule 1A to the Act.

(3) In this regulation, “ restricted children’s service ” has the meaning given by section 2A of the Act. ”

(3) In regulation 10 (time limit for submission of annual returns)—

(a) in the heading—

(i) for “limit” substitute “limits”;

(ii) after “submission” insert “and publication”;

(b) after paragraph (2), insert—

“ (3) An annual return must be published on the service provider’s website no later than 91 days following the end of the financial year to which it relates. ”

Consequential amendment to the Regulated Services (Penalty Notices) (Wales) Regulations 2019

1. —(1) The Regulated Services (Penalty Notices) (Wales) Regulations 2019(4)are amended as follows.

(2) In regulation 4, after “submit” insert “or publish”.

Dawn Bowden

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

4 March 2026

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Regulated Services (Annual Returns) (Wales) Regulations 2017 (“ the 2017 Regulations ”), which were made under section 10 of the Regulation and Inspection of Social Care (Wales) Act 2016 (“ the 2016 Act ”). They also make a minor amendment to the Regulated Services (Penalty Notices) (Wales) Regulations 2019, arising from changes to section 48 of the 2016 Act introduced by section 14(3)(c) of the Health and Social Care (Wales) Act 2025 (“ the 2025 Act ”).

The amendments to the 2017 Regulations reflect provisions inserted into the 2016 Act by the 2025 Act concerning the regulation of “restricted children’s services”. This term is defined in section 2A of the 2016 Act. Regulation 2(2) of these Regulations inserts a new regulation 6A into the 2017 Regulations. This new provision requires service providers (other than local authorities) who provide a restricted children’s service to include in their annual return a statement confirming that they continue to meet the requirement in section 6A(1) of the 2016 Act.

Section 6A(1) of the 2016 Act provides that a person who is not a local authority may only be registered to provide a restricted children’s service if they are a not-for-profit entity. This requirement does not apply to service providers who are exempt from section 6A by virtue of paragraph 2(4) of Schedule 1A to the 2016 Act. Accordingly, this position is reflected in paragraph (2) of regulation 6A.

Regulation 2(3) amends regulation 10 of the 2017 Regulations to require service providers to publish their annual returns on their websites. In addition to the existing obligation to submit annual returns within a specified timeframe, service providers must now ensure that the annual return is made publicly available on their website within 91 days following the end of the financial year to which it relates.

Regulation 3 makes a consequential amendment to regulation 4 of the Regulated Services (Penalty Notices) (Wales) Regulations 2019. This reflects the change made by the Health and Social Care (Wales) Act 2025 to the heading of section 48 of the 2016 Act, which now refers to both the submission and publication of annual returns.

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) 2016 anaw 2. Section 10 was amended by sections 7 and 14(2) of the Health and Social Care (Wales) Act 2025 asc 1. Section 189(1) of the 2016 Act provides that “ prescribed ” means prescribed in regulations made by the Welsh Ministers.

(2) 2025 asc 1.

(3) S.I. 2017/1097 (W. 277).

(4) S.I. 2019/887 (W. 159).

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