Department of Health and Social Care Legislation
43 statutory instruments made by the Department of Health and Social Care, newest first. Each one is explained section by section in plain English.
The Welfare Food (Amendment) (England and Wales) Regulations 2026
Updated the Nursery Milk Scheme definitions and eligibility criteria to align with contemporary childcare legislation in England and Wales.
These Regulations update the Nursery Milk Scheme by replacing the term 'day care' with 'childcare' and aligning provider eligibility with current English and Welsh legislation.
They mandate that children under five years old who receive at least two hours of care per day from an approved provider are entitled to 189ml of free milk (or 200ml in specific containers).
The order applies to childcare providers in England and Wales, including early years providers, registered childminders, and certain school-based care settings, allowing them to claim reimbursement for milk supplied to eligible children.
The Care and Support (Charging and Assessment of Resources) (Amendment) (No. 2) Regulations 2026
- Department: Department of Health and Social Care
- Made under: Care Act 2014
Excluded Irish Mother and Baby Institutions redress payments from local authority social care financial assessments.
These regulations amend the financial assessment criteria used by local authorities in England when determining how much an individual must contribute toward their care and support.
They direct local authorities to ignore any payments received from the Irish Government’s Mother and Baby Institutions Payment Scheme when calculating a person’s total income and capital.
The instrument applies to all local authorities in England carrying out financial assessments under the Care Act 2014, ensuring that survivors receiving these specific redress payments do not lose social care funding as a result of that compensation.
The Northampton General Hospital NHS Trust (Establishment) (Amendment) Order 2026
- Department: Department of Health and Social Care
- Made under: National Health Service Act 2006
- Applies to: England, Wales
Increased the required number of non-executive directors for the Northampton General Hospital NHS Trust from six to seven.
This Order modifies the governance structure of the Northampton General Hospital NHS Trust by increasing the number of non-executive directors.
It directs the trust to maintain a board consisting of a chairman, seven non-executive directors, and five executive directors.
The Order applies specifically to the Northampton General Hospital NHS Trust and its internal administrative composition.
The Tobacco and Vapes Act 2026 (Age of Sale Notices and Consequential Amendments) (England) Regulations 2026
- Department: Department of Health and Social Care
- Made under: Tobacco Advertising and Promotion Act 2002, Tobacco and Vapes Act 2026
- Applies to: England, Wales, Scotland, Northern Ireland
Prescribed the dimensions for tobacco age of sale signage and updated retail display exemptions to reflect the new age of sale based on a 2009 birth date.
These Regulations establish the physical specifications for age of sale notices that tobacco retailers in England must display starting 1 January 2027.
They mandate a minimum notice size of 297mm by 420mm and a minimum character height of 21mm for the required warning statement.
Furthermore, the instrument amends existing tobacco advertising and price display regulations to align them with the Tobacco and Vapes Act 2026, replacing references to the age of 18 with a birth date requirement of before 1 January 2009 for various exemptions and access to price lists.
The Care Quality Commission (Additional Functions) (Amendment) Regulations 2026
- Department: Department of Health and Social Care
- Made under: Health and Social Care Act 2008
- Applies to: England, Wales
Removed the Care Quality Commission's statutory responsibility to provide training and support for staff raising concerns in the NHS.
These Regulations remove a specific statutory function from the Care Quality Commission (CQC) concerning the provision of training, guidance, and support for healthcare workers who raise concerns or suggestions for improvement, a practice known as Freedom to Speak Up.
The Department of Health and Social Care directs this change following the closure of the National Guardian’s Office in June 2026, which previously operated within the CQC's legal framework.
The measure applies to the CQC's operations in England and ensures the regulator's additional functions align with the government's decision to decentralize staff support roles to individual NHS providers and commissioners.
The Personal Injuries (NHS Charges) (Information Provision and Amounts) (Amendment) Regulations 2026
- Department: Department of Health and Social Care
- Made under: Health and Social Care (Community Health and Standards) Act 2003
- Applies to: England, Wales
Increased the tariffs for NHS injury cost recovery and mandated that insurers provide patient NHS numbers to facilitate claim processing.
These Regulations increase the financial charges that the Secretary of State can recover from compensators for NHS hospital treatment and ambulance services provided to injured persons.
The instrument applies to insurers and other persons liable for personal injury compensation in England and Wales, requiring them to provide an injured person's 10-digit NHS number when submitting claims information.
It directs the Compensation Recovery Unit to collect these increased tariffs—including a new maximum cap of £66,173—for injuries occurring on or after 1st October 2026, and mandates the inclusion of NHS numbers in information exchanges starting 6th April 2027.
The National Health Service (Pharmaceutical and Local Pharmaceutical Services) (Amendment) (No. 2) Regulations 2026
- Department: Department of Health and Social Care
- Made under: National Health Service Act 2006
Introduced mandatory three-year enhanced DBS checks for pharmacy staff and restricted pharmacists from dispensing prescriptions issued by their own employees.
These Regulations amend the 2013 framework governing pharmaceutical services in England to introduce new clinical governance standards and operational requirements for NHS pharmacists and Local Pharmaceutical Service (LPS) contractors.
The instrument restricts pharmacists from dispensing items prescribed by themselves or their employees unless specific 'best interests' criteria are met and forbids changing a patient's nominated dispensing contractor without explicit consent.
It also mandates three-yearly enhanced DBS checks for all professional staff and establishes a formal notification process for pharmacies to temporarily close for staff training without breaching their core opening hours obligations.
The Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) (Amendment) Order 2026
- Department: Department of Health and Social Care
- Made under: Regulation of Investigatory Powers Act 2000
- Applies to: England, Wales, Scotland, Northern Ireland
Authorized local authority officials to use directed surveillance for enforcing new tobacco and vaping age-of-sale and proxy purchasing offences.
This Order updates the list of criminal offences for which local authority officials in England and Wales may authorize directed surveillance under the Regulation of Investigatory Powers Act 2000.
It directs the substitution of repealed tobacco-related offences with new offences created by the Tobacco and Vapes Act 2026, specifically regarding the sale and proxy purchase of tobacco, vapes, and nicotine products.
The provisions apply to individuals holding designated senior positions within county, district, and borough councils, enabling them to authorize Trading Standards Officers to conduct covert investigations into underage sales and age-of-sale violations.