{
  "url": "https://openlegislation.uk/national-health-service-direct-payments-wales-regulations-2026/regulation-2",
  "json_url": "https://openlegislation.uk/national-health-service-direct-payments-wales-regulations-2026/regulation-2.json",
  "legislation": "wsi/2026/104",
  "legislation_title": "The National Health Service (Direct Payments) (Wales) Regulations 2026",
  "legislation_url": "https://openlegislation.uk/national-health-service-direct-payments-wales-regulations-2026",
  "path": "regulation/2",
  "kind": "regulation",
  "number": "2",
  "heading": "Interpretation",
  "text": "(1) In these Regulations—\n“the 2006 Act” (“Deddf 2006”) means the National Health Service (Wales) Act 2006;\n“the 2014 Act” (“Deddf 2014”) means the Social Services and Well-being (Wales) Act 2014;\n“care plan” (“cynllun gofal”) means a plan prepared in accordance with regulation 11 (care plan and care co-ordinator);\n“child” (“plentyn”) means a patient who has not attained the age of 16;\n“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;\n“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 refers;\n“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);\n“local authority” (“awdurdod lleol”) means the council of a county or county borough in Wales;\n“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;\n“managed account” (“cyfrif a reolir”) means an account administered by a person other than the payee for the purpose of—\n(a) holding the direct payments on behalf of the payee, and\n(b) applying the direct payments in accordance with the instructions of the payee;\n“nominee” (“enwebai”) has the meaning given in regulation 8 (nominated person);\n“parental responsibility” (“cyfrifoldeb rhiant”) has the meaning given in section 3 of the Children Act 1989 (meaning of parental responsibility);\n“patient” (“claf”) means a person to or in respect of whom direct payments may be made in accordance with regulations 3 to 7;\n“payee” (“talai”) means a person responsible for managing direct payments, being either the patient or a representative or nominee acting for the patient;\n“personal representative” (“cynrychiolydd personol”) means the executor or administrator for the time being of a deceased patient;\n“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;\n“representative” (“cynrychiolydd”) means—\n(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 (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,\n(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,\n(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,\n(d) in the case of a child, any person with parental responsibility for the child,\n(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\n(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;\n“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—\n(a) until the coming into force of section 49A of the 2014 Act, by virtue of regulations made under sections 50 to 53 of that Act, and\n(b) following the coming into force of section 49A of the 2014 Act, by virtue of regulations made under that section.\n(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.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "2014 anaw 4."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "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."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "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."
    },
    {
      "type": "footnote",
      "label": "f4",
      "text": "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."
    },
    {
      "type": "footnote",
      "label": "f5",
      "text": "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."
    },
    {
      "type": "footnote",
      "label": "f6",
      "text": "2005 c. 9."
    },
    {
      "type": "footnote",
      "label": "f7",
      "text": "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."
    },
    {
      "type": "footnote",
      "label": "f8",
      "text": "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."
    },
    {
      "type": "footnote",
      "label": "f9",
      "text": "2005 c. 9."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/wsi/2026/104/regulation/2",
    "retrieved_at": "2026-10-28T22:54:51.489699+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}