Introductory text

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 2002^f1 and now vested in them^f2;

(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 1990^f3 and now vested in them^f4.

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 1990^f5.

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^f6;

(c)

on the Secretary of State by section 15(1) of the Social Security Act 1990^f7 and now vested in them^f8;

(d)

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

(e)

on the Secretary of State by section 92(1) of the Water Resources Act 1991^f10 and now vested in them^f11;

(f)

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

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 2002^f14 and now vested in them^f15;

(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 2006^f16;

(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 1990^f17 and now vested in them^f18.

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.

Annotations

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.