UK Offence Report

The Special Procedures Approved Premises and Vehicles (Wales) Regulations 2024

Welsh Statutory Instrument 2024 No. 1229 — creates 2 criminal offences.

2offences created
0recorded in force
0revoked
Made
27 November 2024
In force from
29 November 2024
Extent
Not stated
Subject
Alcohol licensing, gambling, smoke-free and public health
Made under
In accordance with section 123(2)(b) of the Public Health (Wales) Act 2017, Public Health (Wales) Act 2017

Explanatory note

(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

Part 4 of the Public Health (Wales) Act 2017 (“the Act”) provides that certain individuals who perform special procedures (as listed in section 57 of the Act) in Wales must be licensed by a local authority. Section 69 of the Act requires the performance of a special procedure, carried on in the course of a business, to be performed at a premises or in a vehicle approved by a local authority (unless that premises or vehicle is not required to be approved). Part 2 of these Regulations sets out the circumstances in which the requirement that a special procedure must be performed at premises or in a vehicle approved by a local authority is disapplied. Part 3 of these Regulations makes provision about applications for approval certificates generally required for the performance, in the course of a business, of a special procedure at premises or in a vehicle, including the criteria that must be met in order for an application for an approval certificate to be granted. Part 3 also makes provision about the form and content of an application form. Part 4 of these Regulations makes provision about the grant or refusal of an application for an approval certificate. Part 5 of these Regulations makes provision about the form and content of an approval certificate issued by a local authority when approving an application for a premises or vehicle. Part 6 of these Regulations sets out the mandatory approval conditions which apply to an approval certificate. Part 7 of these Regulations makes provision about an application made by a certificate holder to the local authority to vary an approval certificate. Part 8 of these Regulations makes provision about an application made by a certificate holder to the local authority to renew an approval certificate. Part 9 of these Regulations makes provision about the circumstances and manner in which a certificate holder may apply to the local authority for a copy of an approval certificate. Part 10 of these Regulations makes provision about fees in relation to approval certificates. Section 72 of the Act makes provision about the voluntary termination of an approval certificate and the notice that may be given by the certificate holder to the local authority. Part 11 of these Regulations makes further provision about the notice requirements when given by a certificate holder to a local authority to voluntarily terminate an approval certificate. Part 12 of these Regulations makes provision about the procedure a local authority must follow to give notice to an applicant or certificate holder where the local authority proposes to refuse an application made under these Regulations, and the right of that applicant or certificate holder to make representations to the local authority about the local authority’s proposals. Part 12 also makes provision about the requirement for a local authority to notify the applicant or certificate holder of its decision. Part 13 makes provision about an appeal against the refusal of an application, including the right to appeal to the magistrates’ court or the Crown Court. The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with these Regulations. A copy can be obtained from Welsh Government, Cathays Park, Cardiff, CF10 3NQ and is published on www.gov.wales.

Offences created by this instrument

What Parliament said about it

Hansard was searched for this instrument by name and returned nothing. That is the ordinary outcome: an instrument laid under the negative procedure is usually never debated, and becomes law without a word said about it in either House.

How Parliament handled it

Parliament's Statutory Instruments service has no record of this instrument, although it covers the period. Nothing is inferred from that.

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