Legislation – The Health and Social Care (Wales) Act 2025 (Commencement No. 1 and Transitional and Saving Provisions) Order 2025

This is the first Commencement Order made by the Welsh Ministers under the Health and Social Care (Wales) Act 2025 (asc 1) (“the Act”).

Article 2(1) brings into force, on 1 January 2026, the provisions specified in that article.

Article 2(2) brings into force, on 1 April 2026, the provisions specified in that article.

Article 2(3) brings into force, on 1 July 2026, the provisions specified in that article.

Article 3(1) brings into force, on 1 January 2026, the provisions specified in that article.

Article 3(2) brings into force, on 1 April 2026, the provisions specified in that article.

Article 4 brings into force, on the 1 January 2026, the provisions specified in that article.

Article 5 makes transitional and saving provisions where a person other than a local authority applies for registration as a service provider or for a variation of their registration to add a “restricted children’s service” (a care home service provided wholly or mainly to children, a fostering service or a secure accommodation service); or to add a place at which a restricted children’s service is provided to their existing registration.

Where such an application is made on or before 31 March 2026 and has not been determined before section 6A of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2) (“the 2016 Act”) comes into force on 1 April 2026, the application is to be treated as if the requirement in section 6A(1) was not yet in force. Accordingly, where an application is granted, the provisions in Schedule 1A to the 2016 Act, including the transitional provisions in paragraph 2 of Schedule 1A, apply to the service provider in respect of the service or a place that is the subject of the application.

Section 29(1) of the Act brought the following provisions of the Act into force on 25 March 2025, which was the day after the day on which the Act received Royal Assent—