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The Amendments to Subordinate Legislation (Miscellaneous Corrections) (Wales) Regulations 2025

W.S.I. 2025/805 · Made 6 July 2025

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

This Statutory Instrument has been printed to correct errors in S.I. 2003/3227 (W. 308), S.I. 2003/3246 (W. 321), S.I. 2007/2611 (W. 222), S.I. 2011/656 (W. 94), S.I. 2015/1844 (W. 272), S.I. 2021/77 (W. 20), S.I. 2023/1303 (W. 233), S.I. 2024/28 (W. 11), S.I. 2024/135 (W. 29) and S.I. 2025/88 (W. 22) and is being issued free of charge to all known recipients of those Statutory Instruments.

Agriculture, Wales

Building And Buildings, Wales

Education, Wales

Energy Conservation, Wales

Food, Wales

National Health Service, Wales

Social Care, Wales

Water, Wales

Made 6 July 2025

Laid before Senedd Cymru 9 July 2025

Coming into force 1 August 2025

The Welsh Ministers make these Regulations in exercise of the powers conferred—

(a)

on the National Assembly for Wales by sections 52(3)(c) and (d) and 210(7) of the Education Act 2002f1 and now vested in themf2;

(b)

on the Secretary of State by sections 16(1)(f), 17(2), 26(1)(a), (2)(e) and (3) and 48(1) of the Food Safety Act 1990f3 and now vested in themf4.

In relation to Part 4, the Welsh Ministers have had regard to relevant advice given by the Food Standards Agency as required by section 48(4A) of the Food Safety Act 1990f5.

There has been consultation as required by Article 9 of Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safetyf6;

(c)

on the Secretary of State by section 15(1) of the Social Security Act 1990f7 and now vested in themf8;

(d)

by section 64(1) and (2)(b) of the Social Services and Well-being (Wales) Act 2014f9;

(e)

on the Secretary of State by section 92(1) of the Water Resources Act 1991f10 and now vested in themf11;

(f)

by sections 105B(1) and 120A(2)(a) of the Building Act 1984f12.

There has been consultation as required by section 120C(1)f13 of the Building Act 1984;

(g)

on the National Assembly for Wales by sections 167A and 210(7)(c) of the Education Act 2002f14 and now vested in themf15;

(h)

by sections 11(6) and 203(9) and (10) of, and paragraphs 4(1)(d) and (e) and 5 of Schedule 2 to, the National Health Service (Wales) Act 2006f16;

(i)

on the Secretary of State by sections 16(1)(a), (c), (e) and (f), 18(1)(c) and 48(1)(c) of the Food Safety Act 1990f17 and now vested in themf18.

In relation to Part 11, the Welsh Ministers have had regard to relevant advice given by the Food Standards Agency as required by section 48(4A) of the Food Safety Act 1990.

There has been consultation as required by Article 9 of Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety.

Annotations to the whole text

Footnotes

f1

2002 c. 32. Section 52(3)(c) was amended by S.I. 2010/1158, Schedule 2, paragraph 11(2). Section 210(7) was amended by the Learner Travel (Wales) Measure 2008 (nawm 2), section 21(1) and (3)(c). See section 212(1) of the Education Act 2002 for the definitions of “prescribed” and “regulations”.

f2

The functions of the National Assembly for Wales were transferred to the Welsh Ministers by section 162 of, and paragraph 30 of Schedule 11 to, the Government of Wales Act 2006 (c. 32).

f3

1990 c. 16. Sections 16(1) and 48(1) were amended by the Food Standards Act 1999 (c. 28), Schedule 5, paragraph 8. Section 17(2) was amended by the Food Standards Act 1999, Schedule 5, paragraphs 8 and 12(b), and by S.I. 2011/1043, articles 3 and 6(2)(c). Section 26(3) was amended by the Food Standards Act 1999, Schedule 6.

f4

The functions of the Secretary of State under these sections, so far as exercisable in relation to Wales, were transferred to the National Assembly for Wales by article 2 of, and Schedule 1 to, the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) as read with section 40(3) of the Food Standards Act 1999. The functions of the National Assembly for Wales were transferred to the Welsh Ministers by section 162 of, and paragraph 30 of Schedule 11 to, the Government of Wales Act 2006.

f5

Section 48(4A) was inserted by the Food Standards Act 1999, Schedule 5, paragraph 21.

f6

EUR 178/2002, to which there are amendments not relevant to these Regulations.

f7

1990 c. 27. Section 15(1) was amended by the Housing Grants, Construction and Regeneration Act 1996 (c. 53), section 142(1).

f8

Article 2 of, and Schedule 1 to, the National Assembly for Wales (Transfer of Functions) Order 1999 provided that the functions under section 15 of the Social Security Act 1990 were to be exercisable in relation to Wales by the National Assembly for Wales concurrently with the Secretary of State and free from the requirement for Treasury consent. The functions of the National Assembly for Wales were transferred to the Welsh Ministers by section 162 of, and paragraph 30 of Schedule 11 to, the Government of Wales Act 2006. Paragraph 1 of Schedule 3A to the Government of Wales Act 2006 provides that the functions of the Secretary of State under section 15 of the Social Security Act 1990 are exercisable concurrently by the Welsh Ministers and free from any requirement for Treasury consent.

f9

2014 anaw 4. See section 197(1) for the definition of “regulations”.

f10

1991 c. 57.

f11

Article 2 of, and Schedule 1 to, the National Assembly for Wales (Transfer of Functions) Order 1999 provided that the functions of the Secretary of State under section 92(1) were transferred to the National Assembly for Wales in relation to those parts of Wales which are outside the catchment areas of the rivers Dee, Wye and Severn. In relation to those parts of Wales which are within those catchment areas, the functions under section 92(1) were to be exercisable by the National Assembly for Wales concurrently with the Secretary of State. The functions of the National Assembly for Wales were transferred to the Welsh Ministers by section 162 of, and paragraph 30 of Schedule 11 to, the Government of Wales Act 2006.

f12

1984 c. 55. Sections 105B and 120A were inserted by section 57 of, and paragraph 77 of Schedule 5 to, the Building Safety Act 2022 (c. 30) respectively. Section 105B(1) confers a regulation making power on the “appropriate national authority”, which is defined in section 126 of the Building Act 1984 as, in relation to Wales, the Welsh Ministers.

f13

Section 120C was inserted by paragraph 77 of Schedule 5 to the Building Safety Act 2022.

f14

Section 167A was inserted into the Education Act 2002 by the Education and Inspections Act 2006 (c. 40), section 169. Section 167A(6)(b) was amended by the Education and Skills Act 2008 (c. 25), Schedule 1, paragraph 22(b), and Schedule 2. Section 210(7) was amended by the Learner Travel (Wales) Measure 2008, section 21(3). There are other amending instruments but none are relevant to these Regulations. See section 212(1) of the Education Act 2002 for the definitions of “prescribed” and “regulations”.

f15

The functions of the National Assembly for Wales were transferred to the Welsh Ministers by section 162 of, and paragraph 30 of Schedule 11 to, the Government of Wales Act 2006.

f16

2006 c. 42. See section 206(1) for the definition of “regulations”.

f17

Sections 16(1), 18(1) and 48(1) were amended by the Food Standards Act 1999, Schedule 5, paragraph 8.

f18

The functions of the Secretary of State under these sections, so far as exercisable in relation to Wales, were transferred to the National Assembly for Wales by article 2 of, and Schedule 1 to, the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) as read with section 40(3) of the Food Standards Act 1999. The functions of the National Assembly for Wales were transferred to the Welsh Ministers by section 162 of, and paragraph 30 of Schedule 11 to, the Government of Wales Act 2006.

Contents

  1. Part 1: Title and coming into force
  2. 1Regulation 1
  3. Part 2: Amendment to the Education (Pupil Exclusions and Appeals) (Maintained Schools) (Wales) Regulations 2003
  4. 2Regulation 2
  5. Part 3: Amendment to the Education (Pupil Exclusions and Appeals) (Pupil Referral Units) (Wales) Regulations 2003
  6. 3Regulation 3
  7. Part 4: Amendments to the Nutrition and Health Claims (Wales) Regulations 2007
  8. 4Regulation 4
  9. Part 5: Amendments to the Home Energy Efficiency Schemes (Wales) Regulations 2011
  10. 5Regulation 5
  11. Part 6: Amendment to the Care and Support (Financial Assessment) (Wales) Regulations 2015
  12. 6Regulation 6
  13. Part 7: Amendment to the Water Resources (Control of Agricultural Pollution) (Wales) Regulations 2021
  14. 7Regulation 7
  15. Part 8: Amendment to the Building Control Profession (Charges) (Wales) Regulations 2023
  16. 8Regulation 8
  17. Part 9: Amendment to the Independent Schools (Prohibition on Participation in Management) (Wales) Regulations 2024
  18. 9Regulation 9
  19. Part 10: Amendments to the National Health Service Joint Commissioning Committee (Wales) Regulations 2024
  20. 10Regulation 10
  21. 11Regulation 11
  22. 12Regulation 12
  23. Part 11: Amendments to the Bread and Flour (Wales) Regulations 2025
  24. 13Regulation 13
  25. Signature
  26. Explanatory note

1

(1)

The title of these Regulations is the Amendments to Subordinate Legislation (Miscellaneous Corrections) (Wales) Regulations 2025.

(2)

These Regulations come into force on 1 August 2025.

2

In the Education (Pupil Exclusions and Appeals) (Maintained Schools) (Wales) Regulations 2003f1, in the Schedule, in paragraph 1(1), in the Welsh language text, for “6(1)” substitute “7(1)”.

3

In the Education (Pupil Exclusions and Appeals) (Pupil Referral Units) (Wales) Regulations 2003f1, in the Schedule, in paragraph 1A, omit sub-paragraph (a).

4

(1)

The Nutrition and Health Claims (Wales) Regulations 2007f1 are amended as follows.

(2)

In Part 1 of the Schedule—

(a)

in paragraph 1, for “specified provision of the Regulation”, in both places it occurs, substitute “provision specified in subsection (1A)”;

(b)

after paragraph 1, insert—

“1A.

Section 10 is to be read as if there were inserted after subsection (1)—

“(1A)

The provisions are Articles 3, 4(3), 6(2), 7, 8(1), 9, 10(1) to (3), 12 and 14(2) of Regulation (EC) No 1924/2006 of the European Parliament and of the Council of 20 December 2006 on nutrition and health claims made on foodsf2.””

(3)

In Part 2 of the Schedule, in paragraph 2—

(a)

for “a specified provision of the Regulation”, in the first place it occurs, substitute “any of Articles 3, 4(3), 6(2), 7, 8(1), 9, 10(1) to (3), 12 and 14(2) of Regulation (EC) No 1924/2006 of the European Parliament and of the Council of 20 December 2006 on nutrition and health claims made on foods”;

(b)

for “a specified provision of the Regulation”, in the second place it occurs, substitute “any of the provisions specified in paragraph (a)”.

(4)

In Part 3 of the Schedule, in paragraph 3—

(a)

for “(1A)” substitute “(1)”;

(b)

for “(1B)” substitute “(1A)”.

(5)

In Part 4 of the Schedule, in paragraph 5, for “unauthorised” substitute “authorised”.

5

In the Home Energy Efficiency Schemes (Wales) Regulations 2011f1, in regulation 9, in paragraph (1)(a)—

(a)

in the words before paragraph (i), for “paragraph” substitute “sub-paragraph”;

(b)

in paragraph (ii), for “sub-paragraph” substitute “paragraph”.

6

In the Care and Support (Financial Assessment) (Wales) Regulations 2015f1, in Schedule 2, in paragraph 40, in the Welsh language text, for “Ysgrifennydd Gwladol dros Fusnes, Ynni a Strategaeth Ddiwydiannol” substitute “Ysgrifennydd Gwladol dros Ddiogeledd Ynni a Sero Net”.

7

In the Water Resources (Control of Agricultural Pollution) (Wales) Regulations 2021f1, in Schedule 1A, in paragraph 1, in the Welsh language text, for “ddeiliad” substitute “feddiannydd”.

8

In the Building Control Profession (Charges) (Wales) Regulations 2023f1, in regulation 8(2)(a), in the Welsh language text, after “mynd iddynt”, insert “wrth gyflawni’r swyddogaeth y gellir codi tȃl amdani”.

9

In the Independent Schools (Prohibition on Participation in Management) (Wales) Regulations 2024f1, in regulation 1(2), at the appropriate place in alphabetical order, insert—

  • ““appropriate authority” (“awdurdod priodol”) has the meaning given by section 167A(6)(b) of the 2002 Actf2;”.

10

The National Health Service Joint Commissioning Committee (Wales) Regulations 2024f1 are amended as follows.

11

In regulation 2—

(a)

for the definition of “health service body” substitute—

  • ““health service body” (“corff gwasanaeth iechyd”) means—

    1. (a)

      NHS England as established by section 1H of the National Health Service Act 2006f1,

    2. (b)

      the National Institute for Health and Care Excellence as established by section 232 of the Health and Social Care Act 2012f2,

    3. (c)

      the Health Research Authority as established by section 109 of the Care Act 2014f3,

    4. (d)

      any Special Health Authority established by the Secretary of State under section 28 of the National Health Service Act 2006f4 or by the Welsh Ministers under section 22 of the Actf5,

    5. (e)

      any Local Health Board,

    6. (f)

      any NHS Trust established by the Secretary of State under section 25 of the National Health Service Act 2006 or by the Welsh Ministers under section 18 of the Act, or

    7. (g)

      any NHS Foundation Trust authorised under section 35 of the National Health Service Act 2006f6;”;

(b)

at the appropriate place in alphabetical order, insert—

  • ““Integrated Care Board” (“Bwrdd Gofal Integredig”) means an Integrated Care Board established by NHS England under section 14Z25 of the National Health Service Act 2006f7;”.

12

In Schedule 2—

(a)

in paragraph 4(5)—

(i)

in paragraph (b), after “in the case of”, insert “a health service body which is”;

(ii)

in paragraph (c), after “in the case of”, insert “a health service body which is”;

(b)

in paragraph 6(1)(a), omit “established under section 11 of the Act”.

13

(1)

The Bread and Flour (Wales) Regulations 2025f1 are amended as follows.

(2)

In regulation 2, in the Welsh language text, in the definition of “blawd”, for “ac mae’n cynnwys blawd”, substitute “ac mae’n cynnwys mâl”.

(3)

In Schedule 2, in the Welsh language text, in the table, in the entry for “Cyfystyron”, in the second column, for “Chalk” substitute “Sialc”.

(4)

In Schedule 3, in the table—

(a)

in the English language text, in the entry for “Definition”, in the second column, omit “essentially”;

(b)

in the Welsh language text, in the entry for “Hydoddedd”, in the second column, for “yn ôl pwysau” substitute “pwysau yn ôl pwysau”.

Signature

Eluned Morgan

First Minister, one of the Welsh Ministers

6 July 2025

Explanatory note

(This note is not part of the Regulations)

These Regulations make amendments to ten sets of Regulations.

Parts 2 and 3 of these Regulations (regulations 2 and 3) make amendments to the Education (Pupil Exclusions and Appeals) (Maintained Schools) (Wales) Regulations 2003 and the Education (Pupil Exclusions and Appeals) (Pupil Referral Units) (Wales) Regulations 2003, respectively. Regulations 2 and 3 are made under sections 52(3)(c) and (d) and 210(7) of the Education Act 2002.

Regulation 2 amends the Education (Pupil Exclusions and Appeals) (Maintained Schools) (Wales) Regulations 2003 to correct an error (an incorrect reference to a regulation) in the Welsh language text of the Schedule to the Regulations.

Regulation 3 amends the Education (Pupil Exclusions and Appeals) (Pupil Referral Units) (Wales) Regulations 2003 to omit paragraph 1A(a) of the Schedule to those Regulations as this is not required in view of paragraph 3 of that Schedule.

Part 4 of these Regulations (regulation 4) makes amendments to the Nutrition and Health Claims (Wales) Regulations 2007 (“the 2007 Regulations”). The 2007 Regulations make modifications to the Food Safety Act 1990 (“the 1990 Act”). Regulation 4 is made under sections 16(1)(f), 17(2), 26(1)(a), (2)(e) and (3) and 48(1) of the 1990 Act.

Regulation 4(2) and (3) amends Parts 1 and 2 of the Schedule to the 2007 Regulations to clarify provisions in the modified text of sections 10 and 32 of the 1990 Act.

Regulation 4(4) makes amendments to Part 3 of the Schedule to the 2007 Regulations to correct an error in the numbering of the provisions.

Regulation 4(5) amends Part 4 of the Schedule to the 2007 Regulations to provide that any person who is aggrieved by a decision of an authorised officer of an enforcement authority to serve an improvement notice can appeal to the magistrates’ court.

Part 5 of these Regulations (regulation 5) makes amendments to the Home Energy Efficiency Schemes (Wales) Regulations 2011 (“2011 Regulations”). Regulation 5 is made under section 15(1) of the Social Security Act 1990.

Regulation 5 amends the 2011 Regulations to correct references to subdivisions in regulation 9 of those Regulations.

Part 6 of these Regulations (regulation 6) makes an amendment to the Care and Support (Financial Assessment) (Wales) Regulations 2015 (“the 2015 Regulations”). Regulation 6 makes an amendment to the Welsh language text of paragraph 40 of Schedule 2 to the 2015 Regulations to reflect amendments made to the English text of that paragraph by an Order in Council in 2023 (S.I. 2023/424). Regulation 6 is made under section 64(1) and (2)(b) of the Social Services and Well-being (Wales) Act 2014.

Part 7 of these Regulations (regulation 7) makes an amendment to the Water Resources (Control of Agricultural Pollution) (Wales) Regulations 2021 (“the 2021 Regulations”). Regulation 7 makes an amendment to the Welsh language text of paragraph 1 of Schedule 1A to the 2021 Regulations to amend an incorrect reference to “ddeiliad” (“holder”) of a qualifying grassland holding to “feddiannydd” (“occupier”) of a qualifying grassland holding. Regulation 7 is made under section 92(1) of the Water Resources Act 1991.

Part 8 of these Regulations (regulation 8) makes an amendment to the Welsh language text of regulation 8(2)(a) of the Building Control Profession (Charges) (Wales) Regulations 2023 to insert missing words. Regulation 8 is made under sections 105B(1) and 120A(2)(a) of the Building Act 1984.

Part 9 of these Regulations (regulation 9) inserts a definition of “appropriate authority” into the Independent Schools (Prohibition on Participation in Management) (Wales) Regulations 2024. “Appropriate authority” means the registration authority or such other public authority as may be prescribed. The registration authority is the Welsh Ministers. Regulation 9 is made under sections 167A and 210(7)(c) of the Education Act 2002.

Part 10 of these Regulations (regulations 10 to 12) amends the National Health Service Joint Commissioning Committee (Wales) Regulations 2024 (“the 2024 Regulations”). Regulations 10 to 12 are made under sections 11(6) and 203(9) and (10) of, and paragraphs 4(1)(d) and (e) and 5 of Schedule 2 to, the National Health Service (Wales) Act 2006.

Regulation 11 amends regulation 2 of the 2024 Regulations by substituting the definition of “health service body” to include the statutory basis on which each of the bodies specified in that definition are established and inserts a definition of “Integrated Care Board”.

Regulation 12 amends Schedule 2 to the 2024 Regulations in two respects. It inserts references to “health service body” in paragraph 4(5)(b) and (c) of that Schedule. It also amends paragraph 6(1)(a) of that Schedule to omit unnecessary words as a result of “local health board” being a defined term.

Part 11 of these Regulations (regulation 13) amends the Bread and Flour (Wales) Regulations 2025. Regulation 13 is made under sections 16(1)(a), (c), (e) and (f), 18(1)(c) and 48(1)(c) of the 1990 Act.

Regulation 13(2) corrects the definition of “blawd” in regulation 2 by replacing the term used in the Welsh language text for “meal” with a more appropriate Welsh term.

Regulation 13(3) corrects an error in the Welsh language text in Schedule 2 by replacing an English term with the corresponding Welsh term.

Regulation 13(4) corrects errors in Schedule 3 by omitting an unnecessary word in the English language text and by replacing the phrase used in the Welsh language text for “weight in weight” with the correct Welsh phrase.

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 these Regulations.