{
  "url": "https://openlegislation.uk/public-services-ombudsman-wales-act-2019/section-64A",
  "json_url": "https://openlegislation.uk/public-services-ombudsman-wales-act-2019/section-64A.json",
  "legislation": "anaw/2019/3",
  "legislation_title": "Public Services Ombudsman (Wales) Act 2019",
  "legislation_url": "https://openlegislation.uk/public-services-ombudsman-wales-act-2019",
  "path": "section/64A",
  "kind": "section",
  "number": "64A",
  "heading": "Meaning of “direct payment service” and “direct payment service provider”",
  "text": "(1) This section applies for the purposes of this Act.\n(2) “Direct payment service” means a service provided in Wales or in England in respect of which direct payments have been made under section 10B(1), or under regulations made under section 10B(6), of the National Health Service (Wales) Act 2006 (c. 42).\n(3) “Direct payment service provider” means a person who provides direct payment services but does not include an individual who—\n(a) carries on an activity that involves the provision of domiciliary care in Wales or in England in respect of which direct payments have been made under section 10B(1), or under regulations made under section 10B(6), of the National Health Service (Wales) Act 2006,\n(b) carries on the activity otherwise than in partnership with others,\n(c) is not employed by a body corporate or unincorporated association to carry it on,\n(d) does not employ any other person to carry out the activity, and\n(e) provides or arranges the provision of domiciliary care to fewer than four people.\n(4) Action is to be treated as action taken by a direct payment service provider if it is taken by—\n(a) a person employed by that provider,\n(b) a person acting on behalf of that provider, or\n(c) a person to whom that provider has delegated any functions.\n(5) Action is also to be treated as action taken by a direct payment service provider if—\n(a) that provider provides direct payment services by means of an arrangement with another person, and\n(b) the action is taken by or on behalf of the other person in carrying out the arrangement.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "S. 64A inserted (1.1.2026) by Health and Social Care (Wales) Act 2025 (asc 1), s. 29(2), Sch. 2 para. 6(6); S.I. 2025/1257, art. 4(b)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/anaw/2019/3/section/64A",
    "retrieved_at": "2026-10-29T20:18:04.001338+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."
}