Legalize / United Kingdom / Wales / Act of Senedd Cymru

Public Health (Wales) Act 2017

Type Act of Senedd Cymru

Publication 2017-07-03

Last updated 2025-09-19

State In force

Jurisdiction Wales

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(a) consider, at least once in every period of twelve months, the extent to which it is appropriate for the authority to carry out in its area a programme of enforcement action in relation to section 95, and

(b) to the extent that it considers it appropriate to do so, carry out such a programme.

(3) For the purposes of subsection (2), a programme of enforcement action in relation to section 95 is a programme involving the taking of all or any of the steps referred to in subsection (1).

(4) For the purpose of the exercise of its functions under subsection (2), a local authority must carry out such consultation as it considers appropriate with the chief officer of police for a police area any part of which falls within the area of the local authority.

Authorised officers

98

References in this Part to an authorised officer are to any person (whether or not an officer of the local authority) authorised by a local authority for the purposes of this Part.

Powers of entry

99

(1) A constable or authorised officer may enter premises at any reasonable time if the constable or authorised officer⁠—

(a) has reasonable grounds for believing that an offence under section 95 has been committed, and

(b) considers it necessary to enter the premises for the purpose of ascertaining whether such an offence has been committed.

(2) But this does not apply in relation to premises used wholly or mainly as a dwelling.

(3) A person referred to in subsection (1) may not enter premises by force under this section.

(4) An authorised officer must, if asked to do so, before entering premises under this section show evidence of the authorisation referred to in section 98.

(5) In this section and in sections 100 to 103, “premises” includes any place and any vehicle (other than an aircraft or hovercraft), stall or moveable structure.

Warrant to enter dwelling

100

(1) A justice of the peace may exercise the power in subsection (2) in relation to premises in Wales used wholly or mainly as a dwelling if satisfied on sworn information in writing—

(a) that there are reasonable grounds for believing than an offence under section 95 has been committed, and

(b) that it is necessary to enter the premises for the purpose of ascertaining whether such an offence has been committed.

(2) The justice may issue a warrant authorising a constable or authorised officer to enter the premises, if need be by force.

(3) The warrant continues in force until the end of the period of 28 days beginning with the date on which it was issued.

Warrant to enter other premises

101

(1) A justice of the peace may exercise the power in subsection (2) in relation to premises in Wales other than premises used wholly or mainly as a dwelling if satisfied on sworn information in writing—

(a) that there are reasonable grounds for believing that an offence under section 95 has been committed,

(b) that it is necessary to enter the premises for the purpose of ascertaining whether such an offence has been committed, and

(2) The justice may issue a warrant authorising a constable or authorised officer to enter the premises, if need be by force.

(3) The requirement is that—

(a) a request to enter the premises has been, or is likely to be, refused, and

(b) notice of intention to apply for a warrant under this section has been given to the occupier or a person who reasonably appears to the justice of the peace to be concerned in the management of the premises.

(4) The requirement is that requesting to enter the premises, or the giving of notice of intention to apply for a warrant under this section, is likely to defeat the purpose of the entry.

(5) The requirement is that the premises are unoccupied.

(6) The requirement is that—

(a) the occupier of the premises is temporarily absent, and

(b) awaiting the occupier's return is likely to defeat the object of the entry.

(7) The warrant continues in force until the end of the period of 28 days beginning with the date on which it was issued.

Supplementary provision about powers of entry

102

(1) A person entering premises by virtue of section 99, or by virtue of a warrant under section 100 or 101, may take such other persons and such equipment as the person considers appropriate.

(2) If the occupier of premises that a person is authorised to enter by a warrant under section 100 or 101 is present at the time the person seeks to execute the warrant—

(a) the occupier must be told the person's name;

(b) if not a constable in uniform, the person must produce to the occupier documentary evidence that the person is a constable or authorised officer;

(d) the person must supply the occupier with a copy of it.

(3) If premises that a person is authorised to enter by a warrant under section 100 or 101 are unoccupied, or if the occupier is temporarily absent, then on leaving the premises the person must leave them as effectively secured against unauthorised entry as when the person found them.

Powers of inspection etc.

103

(1) A constable or authorised officer entering premises under section 99, or by virtue of a warrant under section 100 or 101, may do any of the following if the constable or authorised officer considers it necessary for the purpose of ascertaining whether an offence under section 95 has been committed—

(a) carry out inspections and examinations on the premises;

(b) require the production of anything on the premises, inspect it, and take and retain samples of or extracts from it;

(c) take possession of anything on the premises, and retain it for as long as the constable or authorised officer considers necessary for that purpose;

(d) require any person to give information, or afford facilities and assistance with respect to matters within the person's control.

(2) If by virtue of subsection (1)(c) a constable or authorised officer takes anything away from the premises, the constable or authorised officer must leave on the premises from which it was taken a statement—

(a) giving particulars of what has been taken and stating that the constable or officer has taken possession of it, and

(b) identifying the person to whom a request for the return of the property may be made.

(3) The powers conferred by this section include the power—

(a) to copy documents found on the premises;

(b) to impose requirements as to how documents are provided (which may include requirements to provide legible copies of documents found on the premises that are stored electronically).

(4) For this purpose, “documents” includes information recorded in any form; and references to documents found on the premises include—

(a) documents stored on computers or other electronic devices on the premises, and

(b) documents stored elsewhere that can be accessed by computers or other electronic devices on the premises.

(5) A person is not required by this section to answer any question or produce any document which the person would be entitled to refuse to answer or produce in or for the purposes of proceedings in a court in England and Wales.

Obstruction etc. of constable or officer

104

(1) Any person who intentionally obstructs a constable or authorised officer exercising functions under sections 99 to 103 commits an offence.

(2) Any person who without reasonable cause fails—

(a) to provide a constable or authorised officer with facilities that the constable or authorised officer reasonably requires for the purpose of a requirement under section 103(1), or

(b) to comply with a requirement under section 103(1)(b) or (d),

commits an offence.

(3) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(4) This section is subject to section 103(5).

Power to make test purchases

105

An authorised officer may make such purchases and arrangements, and secure the provision of such services, as the officer considers necessary for the purpose of the exercise of the local authority's functions under or by virtue of this Part.

Retained property: appeals

106

(1) A person (“P”) with an interest in anything taken away under section 103(1)(c) (“retained property”) may apply by way of complaint to any magistrates' court for an order requiring it to be released, either to P or another person.

(2) If, on an application under this section, the court is satisfied that the continued retention of the retained property is not necessary for the purpose of ascertaining whether an offence under section 95 has been committed, it may make an order requiring the release of the retained property.

(3) An order under this section may contain whatever provision the court thinks appropriate for delaying its coming into force pending the making and determination of an appeal (including an application under section 111 of the Magistrates' Courts Act 1980 (c.43)).

(4) If the court adjourns the hearing of an application under this section, it may make an order in respect of the retained property that lasts until the final hearing of the application or until any further order is made, if it considers it appropriate to do so.

(5) Nothing in this section affects any other power of the court to make an order in respect of the retained property, including any power to make an order under section 1 of the Police (Property) Act 1897 (c.30) (power to make orders with respect to property in possession of police).

Appropriated property: compensation

107

(1) A person (“P”) with an interest in anything of which an authorised officer or a constable (“an enforcement officer”) has taken possession under section 103(1)(c) (“appropriated property”) may apply by way of complaint to any magistrates' court for compensation.

(2) Subsection (3) applies if, on an application under this section, the court is satisfied that—

(a) P has suffered loss or damage in consequence of the enforcement officer's taking possession of the appropriated property, or retaining it, in circumstances where doing so was not necessary for the purpose of ascertaining whether an offence under section 95 had been committed, and

(b) the loss or damage is not attributable to the neglect or default of P.

(3) The court may order compensation to be paid to P—

(a) where the enforcement officer is an authorised officer of a local authority, by the local authority, or

(b) where the enforcement officer is a constable, by the chief constable of the police force of which the constable is a member.

(4) The reference in subsection (3) to a “police force” is to a police force for an area that is a police area for the purposes of section 1 of the Police Act 1996 (c.16).

PART 6 — HEALTH IMPACT ASSESSMENTS

Requirement to carry out health impact assessments

108

(1) Regulations must make provision about the carrying out of health impact assessments by public bodies.

(2) A health impact assessment is an assessment of the likely effect, both in the short term and in the long term, of a proposed action or decision on the physical and mental health of the people of Wales or of some of the people of Wales.

(3) The regulations must specify—

(a) the circumstances in which a public body must carry out a health impact assessment;

(b) the way in which a health impact assessment is to be carried out.

(4) The regulations may require the Public Health Wales National Health Service Trust to give assistance to another public body carrying out a health impact assessment.

(5) The regulations may make provision about how the assistance is to be given, including (among other things) about when it is to be given.

(6) The regulations may make provision which applies subject to exceptions specified in the regulations.

(7) Before making regulations under this section, the Welsh Ministers must—

(a) consider whether there are persons who appear to be representative of the interests of those likely to be affected by the regulations (“representative persons”), and

(b) carry out consultation with any representative persons whom the Welsh Ministers consider it appropriate to consult.

Health impact assessments: publication and taking into account

109

(1) Where a public body has carried out a health impact assessment in accordance with regulations under section 108 it must—

(a) publish the assessment, and

(b) take the assessment into account when exercising those functions in connection with which the assessment was carried out.

(2) When taking the assessment into account, the public body must act in accordance with the sustainable development principle.

(3) For the purpose of subsection (2), the reference to acting in accordance with the sustainable development principle is to be construed in accordance with section 5 of the Well-being of Future Generations (Wales) Act 2015 (anaw 2).

(4) Regulations may make provision about publishing assessments, including (among other things) about when assessments are to be published.

Meaning of “public body”

110

(1) For the purposes of sections 108 and 109, each of the following persons is a “public body”—

(a) the Welsh Ministers;

(b) a local authority;

(d) the following National Health Service Trusts—

(i) Public Health Wales;

(ii) Velindre;

(e) a National Park authority for a National Park in Wales;

(f) a Welsh fire and rescue authority;

(g) the Natural Resources Body for Wales;

(h) the Commission for Tertiary Education and Research;

(i) the Arts Council of Wales;

(j) the Sports Council for Wales;

(k) the National Library of Wales;

(l) the National Museum of Wales.

(2) Regulations may amend subsection (1) by—

(a) adding a person,

(b) removing a person, or

(3) But the regulations may not amend subsection (1) by adding a person unless that person exercises functions of a public nature.

(4) If the regulations amend subsection (1) so as to add a person who has functions of a public nature and other functions, sections 108 and 109 apply to that person only in relation to those of its functions which are of a public nature.

(5) In this section—

“Local Health Board” (“Bwrdd Iechyd Lleol”) means a Local Health Board established under section 11 of the National Health Service (Wales) Act 2006 (c.42);

“Welsh fire and rescue authority” (“awdurdod tân ac achub yng Nghymru”) means an authority in Wales constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 (c.21) or a scheme to which section 4 of that Act applies.

PART 7 — PHARMACEUTICAL SERVICES

Pharmaceutical needs assessments

111

(1) After section 82 of the National Health Service (Wales) Act 2006 (c.42) (arrangements for additional pharmaceutical services: terms and conditions), insert—

(82A) (1) A Local Health Board must prepare and publish an assessment of needs for pharmaceutical services in its area. (2) A Local Health Board must— (a) keep the assessment most recently published by it under subsection (1) under review, and (b) revise it as appropriate. (3) Regulations must— (a) specify a date by which a Local Health Board is to prepare and publish its first assessment under subsection (1); (b) make provision about circumstances in which a Local Health Board is to review and if appropriate revise its assessment (and may make such provision by reference to, among other things, a period within which or following which a Local Health Board is to review and if appropriate revise its assessment); (c) make provision about the way in which an assessment is to be published. (4) The regulations may make other provision about the preparation, publication, review and revision of an assessment under subsection (1), including (among other things) about— (a) the information to be contained in an assessment (which may include, among other things, information relating to persons with whom a Local Health Board has entered into a general medical services contract); (b) the extent to which an assessment is to take account of likely future needs and of other matters; (c) consultation to be carried out in connection with an assessment; (d) procedural requirements.

(2) In section 203 of the National Health Service (Wales) Act 2006 (c.42) (orders, regulations and directions), after subsection (6) insert—

(6A) A statutory instrument containing the first regulations under section 82A (pharmaceutical needs assessments) may not be made unless a draft of the instrument has been laid before, and approved by resolution of, the National Assembly for Wales.

Pharmaceutical lists

112

(1) Section 83 of the National Health Service (Wales) Act 2006 (c.42) (regulations as to pharmaceutical services) is amended as follows.

(2) In subsection (2), in paragraph (c), for the words from “satisfied,” to the end of the paragraph, substitute “ satisfied as mentioned in subsection (2B), and ”.

(3) After subsection (2) insert—

(2A) The regulations may specify persons or descriptions of persons who are not to be included in a list prepared by virtue of subsection (2)(a). (2B) The Local Health Board is satisfied as mentioned in this subsection if, having regard to the assessment most recently published by it under section 82A and to any matters specified in the regulations, it is satisfied that granting the application would meet a need in its area for the services, or some of the services, specified in the application. (2C) In relation to cases where the Local Health Board is satisfied as mentioned in subsection (2B), the regulations may make provision as to— (a) the procedure for determining whether to grant the application; (b) matters to be taken into account for the purpose of determining whether to grant the application.

(4) After subsection (3) insert—

(3A) The regulations may prescribe circumstances in which two or more applications referred to in subsection (2)(c)(i) or (ii) may or must be considered together by the Local Health Board.

(5) In subsection (4)—

(a) for the words from “include” to “the case” substitute “ make provision for the Local Health Board to take into account prescribed matters ”;

(b) omit paragraph (a);

(d) in paragraph (c), for “subsection (2)(c)” substitute “ subsection (2B) ”.

(6) After subsection (4) insert—

(4A) The regulations may in particular make the provision mentioned in subsection (5), with or without modifications.

(7) In subsection (6)—

(a) before paragraph (a) insert—

(za) as to circumstances in which the Local Health Board may invite applications for inclusion in a pharmaceutical list,

;

(b) after paragraph (f), insert—

(fa) about the timescale for dealing with an application,

;

(d) after paragraph (m) insert—

(n) as to circumstances in which a Local Health Board may, or must, remove a person or an entry in respect of premises from the pharmaceutical list for breach of a term or condition of arrangements made with the Local Health Board for the provision of pharmaceutical services.

(8) After subsection (6), insert—

(6A) The regulations, if they make provision within subsection (6)(n), must specify that a person or entry is not to be removed by a Local Health Board unless— (a) the Local Health Board has given notice under section 106A (notice in relation to breach of arrangements) in respect of the breach, and (b) the person in respect of whom the notice was given has failed to comply with a requirement of that notice.

(9) After subsection (10) insert—

(10A) The regulations may make provision for a Local Health Board to give reasons for decisions made by virtue of this section.

(10) In section 84 of the National Health Service (Wales) Act 2006 (c. 42), in subsection (2)—

(a) after “application” insert “ on grounds corresponding to the conditions referred to in section 107(2), (3) or (4) as read with section 109 ”;

(b) after “appeal” omit “(by way of redetermination)”.

(11) In section 84 of the National Health Service (Wales) Act 2006 (c.42), after subsection (3), insert—

(4) If regulations made under section 83 include provision for a Local Health Board to remove a person or an entry in respect of premises from a pharmaceutical list, the regulations must also make provision — (a) requiring the Local Health Board to give notice of its intention to remove the person or entry (including provision requiring the notice to give reasons for the intended removal); (b) about making representations.

(12) In Schedule 6 to the Health Act 2009 (c.21) (repeals and revocations), in the table, omit the entry relating to section 83(6)(d) of the National Health Service (Wales) Act 2006 (c.42).

PART 8 — PROVISION OF TOILETS

Local toilets strategies

Local toilets strategies: preparation and review

113

(1) A local authority must prepare and publish a local toilets strategy before the end of the period of one year beginning with the date on which this section comes into force.

(2) A local toilets strategy must include—

(a) an assessment of the need for toilets in the local authority's area to be available for use by the public,

(b) a statement setting out the steps which the local authority proposes to take to meet that need, and

(3) A local authority must carry out a review of its local toilets strategy after each ordinary election held for its area under section 26 of the Local Government Act 1972 (c. 70); and each review must be carried out before the end of the period of one year beginning with the date of the election.

(4) A local authority may, in addition to a review required by subsection (3), carry out other reviews of its local toilets strategy.

(5) When a local authority reviews its local toilets strategy it must publish a statement of the steps which it has taken in accordance with the strategy during the period—

(a) beginning with the date on which the strategy was last published, and

(b) ending with the date on which that review commenced.

(6) When a local authority reviews its local toilets strategy and considers that a change is needed, it must—

(a) revise the strategy, and

(b) publish the revised strategy.

(7) The Welsh Ministers must issue guidance to local authorities about the matters which they should take into consideration when—

(a) preparing a local toilets strategy,

(b) reviewing a local toilets strategy,

(d) publishing a local toilets strategy.

(8) Guidance issued by the Welsh Ministers under subsection (7) must make provision about —

(a) the assessment of the need—

(i) for toilets to be available for use by users of highways and active travel routes;

(ii) for toilets to be available for use by users of other sites and facilities that, having regard to criteria set out in the guidance, are facilities of particular significance for transport;

(iii) for toilets to be available for use in the vicinity of sites and in connection with events that, having regard to criteria set out in the guidance, are of particular significance or of cultural, sporting, historic, popular or national interest;

(iv) for toilets located in premises that are publicly funded (whether wholly or in part) to be available for use by the public,

(b) promoting public awareness of toilets available for use by the public, and

(9) In subsection (8) “highway” has the meaning given by section 328 of the Highways Act 1980 (c.66).

(10) For the purposes of subsection (8), a route is an active travel route if it is shown as an active travel route on the map most recently prepared by a local authority under section 3 of the Active Travel (Wales) Act 2013 (anaw 7).

(11) A local authority must have regard to any guidance issued under subsection (7).

(12) For the purposes of this Part “toilets” includes—

(a) changing facilities for babies, and

(b) changing places for disabled persons.

Local toilets strategies: interim progress statement

114

(1) A local authority that has published a local toilets strategy under section 113 (whether pursuant to a review of the strategy, or otherwise) must prepare and publish an interim progress statement in accordance with this section.

(2) A local authority that has reviewed its local toilets strategy under section 113(3) but not revised it must prepare and publish an interim progress statement in accordance with this section.

(3) An interim progress statement is a statement of the steps that the authority has taken in accordance with its local toilets strategy during the period (the “statement period”) of 2 years beginning with the date on which—

(a) in the case of a requirement imposed by subsection (1), the authority last published that strategy;

(b) in the case of a requirement imposed by subsection (2), the authority last reviewed that strategy.

(4) A local authority must publish its interim progress statement no later than six months after the last day of the statement period.

(5) The Welsh Ministers must issue guidance to local authorities about the matters which they should take into consideration when preparing an interim progress statement; and a local authority must have regard to any guidance issued under this subsection.

Local toilets strategies: consultation

115

(1) A local authority must consult any person it considers is likely to be interested in the provision of toilets in its area that are available for use by the public before it publishes its local toilets strategy under—

(a) section 113(1), or

(b) section 113(6)(b).

(2) As part of the consultation, the local authority must make available to each person consulted under subsection (1) a draft local toilets strategy.

Local authority power to provide public toilets

116

(1) A local authority may provide toilets in its area for use by the public.

(2) A local authority must have regard to the relevant local toilets strategy when determining⁠—

(a) whether to provide toilets under subsection (1), and

(b) the types of toilets to be provided.

(3) For the purposes of subsection (2), the relevant local toilets strategy is—

(a) in the case of a county or county borough council (“a principal council”), the local toilets strategy most recently published under section 113 by that council, and

(b) in the case of a community council, the local toilets strategy most recently published under section 113 by the principal council of the area in which the community council is situated.

(4) A local authority may not provide toilets under subsection (1) on or under land adjoining, or in the vicinity of, a highway or proposed highway unless—

(a) the local authority is (or in the case of a proposed highway, will be) the highway authority for that highway, or

(b) the local authority has obtained the consent of the highway authority for that highway, or (in the case of a proposed highway) of the authority that will be the highway authority for that highway, to provide such toilets.

(5) A local authority that provides toilets under this section may charge fees for the use of those toilets.

(6) In this section—

“highway” (“priffordd”) has the meaning given by section 113(9);

“local authority” (“awdurdod lleol”) includes a community council.

Power to make byelaws in relation to toilets

117

(1) A local authority that provides toilets under section 116 may make byelaws as to the conduct of persons using or entering them.

(2) Where a community council makes byelaws under subsection (1) in respect of toilets provided by it, the byelaws (if any) made under section 2 of the Local Government Byelaws (Wales) Act 2012 (anaw 2), in relation to those toilets by the county or county borough council of the area in which the community council is situated, are of no effect during the currency of the byelaws made by the community council.

(3) For the purposes of this section “local authority” is to be read in accordance with section 116.

Consequential amendments

118

For amendments consequential on this Part, see Schedule 4.

PART 9 — MISCELLANEOUS AND GENERAL

Food hygiene rating offences: fixed penalty receipts

Fixed penalty receipts for food hygiene rating offences

119

In section 22 of the Food Hygiene Rating (Wales) Act 2013 (anaw 2), for subsection (1) substitute—

(1) A food authority may use its fixed penalty receipts only for the purpose of its functions relating to the enforcement of the provisions of this Act and regulations made under it.

General

Offences by bodies corporate etc.

120

(1) This section applies where an offence under this Act is committed by—

(a) a body corporate;

(b) a partnership;

(2) If the offence is proved to have been committed by, or with the consent or connivance of, or to be attributable to neglect on the part of—

(a) a senior officer of the body corporate or partnership or unincorporated association, or

(b) any person purporting to act in a capacity mentioned in paragraph (a),

that senior officer or person (as well as the body corporate, partnership or association) is guilty of the offence and liable to be proceeded against and punished accordingly.

(3) In this section, “senior officer” means—

(a) in relation to a body corporate, a director, manager, secretary or other similar officer of the body corporate;

(b) in relation to a partnership, a partner in the partnership;

(c) in relation to an unincorporated association other than a partnership, any officer of the association or any member of its governing body.

(4) In subsection (3)(a), “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.

(5) In this section and sections 121 and 122, “partnership”means—

(a) a partnership within the Partnership Act 1890 (c.39), or

(b) a limited partnership registered under the Limited Partnerships Act 1907 (c.24).

Offences committed by partnerships and other unincorporated associations

121

(1) Proceedings for an offence under this Act alleged to have been committed by a partnership are to be brought in the name of the partnership (and not in that of any of the partners).

(2) Proceedings for an offence under this Act alleged to have been committed by an unincorporated association other than a partnership are to be brought in the name of the association (and not in that of any of its members).

(3) Rules of court relating to the service of documents have effect as if the partnership or unincorporated association were a body corporate.

(4) Section 33 of the Criminal Justice Act 1925 (c.86) and Schedule 3 to the Magistrates' Courts Act 1980 (c.43) apply in proceedings for an offence brought against a partnership or an unincorporated association as they apply in relation to a body corporate.

Giving notices

122

(1) This section applies where a provision of this Act or of regulations made under it requires or authorises a person to give notice to another person (“P”).

(2) The notice must be in writing.

(3) The notice may be given to P in any one of the following ways—

(a) by delivering it to P;

(b) by leaving it at or posting it to any address specified by P as an address for giving notices, or (if P has not specified an address for this purpose) by leaving it at or posting it to P's usual address;

(4) The conditions are—

(a) that P has indicated to the person by whom the notice is sent a willingness to receive it electronically, and has provided that person with an address suitable for that purpose, and

(b) that the notice is sent to that address.

(5) P's usual address, for the purpose of subsection (3)(b), is—

(a) if P is a body corporate, the address of the registered or principal office of the body;

(b) if P is acting in his or her capacity as a partner in a partnership, the address of the principal office of the partnership;

(d) in any other case, the last known residence or place of business of P.

(6) A fixed penalty notice given under section 27 or 49 may not be given to P by sending it electronically.

(7) The reference in subsection (3)(a) to delivering a notice to P is—

(a) if P is a body corporate, a reference to delivering it to the secretary or clerk of that body;

(b) if P is a partnership, a reference to delivering it to a partner or a person having control or management of the partnership business.

(8) A notice that is given to P by leaving it at a place in accordance with subsection (3)(b) is to be treated as having been given at the time at which it was left at that place.

Regulations

123

(1) A power to make regulations under this Act—

(a) is exercisable by statutory instrument;

(b) includes power to make different provision for different purposes;

(2) A statutory instrument containing any of the following may not be made unless a draft of the instrument has been laid before, and approved by resolution of, the National Assembly for Wales—

(a) regulations made under section 6(5), 10(6), 11(5), 13, 15, 16, 17(3), 28(7) or 50(2) or paragraph 6 or 9 of Schedule 1;

(b) regulations made under section 60, 62, 63, 66(10), 69(8), 70(3)(a) or (c), 93 or 94(1);

(d) regulations made under section 125 that amend or repeal any provision of an Act of Parliament or a Measure or Act of the National Assembly for Wales.

(3) Any other statutory instrument containing regulations made under this Act is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

Interpretation

124

(1) Except as otherwise expressly provided, in this Act—

“local authority” (“awdurdod lleol”) means the council of a county or county borough in Wales;

“regulations” (“rheoliadau”) means regulations made by the Welsh Ministers;

“specified” (“a bennir” and “penodedig”), in relation to provision made in regulations, means specified in the regulations.

(2) In this Act, references to the occupier of premises, so far as applicable in relation to any vehicle, are to the person who appears to be in charge of the vehicle, and “unoccupied” is to be construed accordingly.

Power to make consequential and transitional etc. provision

125

(1) If the Welsh Ministers consider it necessary or expedient for the purposes of, in consequence of, or for giving full effect to, any provision of this Act, they may by regulations make—

(a) any supplementary, incidental or consequential provision;

(b) any transitional, transitory or saving provision.

(2) Regulations under this section may (among other things) amend, repeal or revoke any enactment.

(3) In this section, “enactment” means an enactment, whenever enacted or made, comprised in or made under—

(a) an Act of Parliament;

(b) a Measure or Act of the National Assembly for Wales.

Coming into force

126

(1) The following provisions come into force on the day on which this Act receives Royal Assent—

(a) section 1;

(b) sections 120 to 125;

(d) section 127.

(2) The other provisions of this Act come into force on such day as the Welsh Ministers may appoint by order made by statutory instrument.

(3) An order under subsection (2) may—

(a) appoint different days for different purposes;

(b) make transitional, transitory or saving provision in connection with the coming into force of a provision of this Act.

Short title

127

The short title of this Act is the Public Health (Wales) Act 2017.

SCHEDULE 1

Interpretation

1

In this Schedule—

“authorised officer” (“swyddog awdurdodedig”)—in relation to a fixed penalty notice given under section 27, means an authorised officer within the meaning given by section 18(5), andin relation to a fixed penalty notice given under section 49, means an authorised officer within the meaning given by section 39;

“issuing authority” (“awdurdod dyroddi”)—in relation to a fixed penalty notice given under section 27, means an enforcement authority authorised by virtue of section 18, andin relation to a fixed penalty notice given under section 49, means a local authority.

Contents of fixed penalty notice

2

A fixed penalty notice must—

(a) state the alleged offence, and

(b) give particulars of the circumstances alleged to constitute it.

3

A fixed penalty notice must also state—

(a) the name and address of the issuing authority on whose behalf the notice is given;

(b) the amount of the penalty and the period for its payment;

(d) the effect of paying the penalty or the discounted amount before the end of the period mentioned in paragraph (b) or (c);

(e) the consequences of not paying the penalty or the discounted amount before the end of the period mentioned in paragraph (b) or (c);

(f) the person to whom, and the address at which, payment may be made;

(g) the method by which payment may be made;

(h) the person to whom and the address at which any representations relating to the notice may be made.

4

A fixed penalty notice must also—

(a) inform the person to whom it is given of that person's right to ask to be tried for the alleged offence, and

(b) explain how that right may be exercised.

5

Regulations may make further provision as to the content and form of a fixed penalty notice.

Amount of penalty and period for payment

6

The penalty is such amount as is specified in regulations.

7

The period for payment of the penalty is the period of 29 days beginning with the day on which the fixed penalty notice is given.

Discounted amount and period for payment

8

(1) A discounted amount is payable, instead of the amount specified in regulations under paragraph 6, if payment is made before the end of the period for payment of the discounted amount.

(2) That period is the period of 15 days beginning with the day on which the notice is given, unless the 15th day is not a working day.

(3) If the 15th day is not a working day, that period is the period beginning with the day on which the notice is given and ending with the expiry of the first working day following the 15th day.

(4) In this paragraph, “working day” means any day which is not Saturday, Sunday, Christmas Day, Good Friday or a day which is a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971 (c.80).

9

The discounted amount is such amount as is specified in regulations.

Effect of notice and payment

10

(1) Proceedings for the offence in respect of which a fixed penalty notice was given may not be brought before the end of the period for payment of the penalty.

(2) Sub-paragraph (1) does not apply if the person to whom the notice was given has asked in accordance with paragraphs 15 and 16 to be tried for the alleged offence.

11

If the penalty is paid in accordance with the penalty notice before the end of the period mentioned in paragraph 10(1), no proceedings for the offence may be brought, and paragraph 15 does not apply.

12

If the discounted amount is paid in accordance with the penalty notice before the end of the period for payment of the discounted amount, no proceedings for the offence may be brought, and paragraph 15 does not apply.

13

If proceedings have been brought pursuant to a request under paragraph 15, but then the penalty or discounted amount is paid as mentioned in paragraph 11 or 12, those proceedings must not be continued.

14

In any proceedings, a certificate documenting payment of a penalty or discounted amount is evidence of the facts which it states if it—

(a) purports to be signed by or on behalf of the person responsible for the financial affairs of the issuing authority on behalf of which the authorised officer who gave the penalty notice was acting, and

(b) states that payment of the fixed penalty or discounted amount in pursuance of the notice was or was not received by a date specified in the certificate.

Trial

15

If the person to whom a penalty notice has been given asks to be tried for the alleged offence, proceedings may be brought against that person.

16

Any request to be tried must be made—

(a) by notice given to the issuing authority in question before the end of the period for payment of the penalty;

(b) in the manner specified in the fixed penalty notice.

Withdrawal of notices

17

(1) This paragraph applies if an issuing authority considers that a fixed penalty notice which an authorised officer acting on its behalf has given to a person (“P”) ought not to have been given.

(2) The issuing authority may give notice to P withdrawing the fixed penalty notice.

(3) If it does so—

(a) it must repay any amount which has been paid by way of penalty in pursuance of the fixed penalty notice, and

(b) no proceedings may be brought or continued against P for the offence in question.

Fixed penalty receipts

18

(1) An enforcement authority which is a local authority may use amounts received by it in pursuance of notices under section 27 only for the purpose of its functions relating to the enforcement of provisions of Chapter 1 of this Part and regulations made under it.

(2) A local authority may use amounts received by it in pursuance of notices under section 49 only for the purpose of its functions relating to the enforcement of provisions of Chapter 2 of this Part and regulations made under it.

SCHEDULE 2

Health Act 2006 (c.28)

1

The Health Act 2006 is amended as follows.

2

In the heading to Chapter 1 of Part 1 after “vehicles” insert “ in England ”.

3

In section 1 (introduction), in subsection (1) after “vehicles” insert “ in England ”.

4

In section 2 (smoke-free premises)—

(a) in subsection (1) after “Premises” insert “ in England ”;

(b) in subsection (2) after “Premises” insert “ in England ”;

5

In section 3 (smoke-free premises (exemptions)), in subsection (1)—

(a) for “appropriate national authority” substitute “ Secretary of State ”;

(b) after “premises” in both places insert “ in England ”.

6

In section 4 (additional smoke-free places)—

(a) in subsection (1)—

(i) for “appropriate national authority” substitute “ Secretary of State ”;

(ii) after “place” in both places insert “ in England ”;

(b) in subsection (3)—

(i) for “appropriate national authority” substitute “ Secretary of State ”;

(ii) for “authority's” substitute “Secretary of State's”.

7

In section 5 (vehicles), in subsection (1)—

(a) for “appropriate national authority” substitute “ Secretary of State ”;

(b) after “vehicles” insert “ in England ”.

8

In section 6 (no-smoking signs), in subsections (2), (3) and (4) for “appropriate national authority” substitute “ Secretary of State ”.

9

In section 8 (offence of failing to prevent smoking in smoke-free place), in subsection (3) for “appropriate national authority” substitute “ Secretary of State ”.

10

In section 9 (fixed penalties), in subsection (1A) for “appropriate national authority” substitute “ Secretary of State ”.

11

In section 10 (enforcement)—

(a) in subsection (1) for “appropriate national authority” substitute “ Secretary of State ”;

(b) in subsection (4) for “appropriate national authority” in both places substitute “ Secretary of State ”.

12

In section 11 (obstruction etc of officers), in subsection (5) for “appropriate national authority” in both places substitute “ Secretary of State ”.

13

In section 12 (interpretation and territorial sea)—

(a) in subsection (2) for “appropriate national authority” substitute “ Secretary of State ”;

(b) omit subsection (3)(b).

14

In section 82 (interpretation), in subsection (1) omit the definition of “the appropriate national authority”.

15

In Schedule 1 (fixed penalties), in paragraphs 4 and 17 for “appropriate national authority” substitute “ Secretary of State ”.

16

In Schedule 2 (powers of entry, etc), in paragraph 10 for “appropriate national authority” in both places substitute “ Secretary of State ”.

Children and Families Act 2014 (c.6)

17

In section 91 of the Children and Families Act 2014 (purchase of tobacco, nicotine products etc on behalf of persons under 18), in subsection (5), after paragraph (b), insert —

(c) in relation to Wales— (i) the reference to the Secretary of State in paragraph 4 of Schedule 1 to the Health Act 2006 is to be read as a reference to the Welsh Ministers; (ii) the power of the Welsh Ministers to make regulations under paragraph 4 of Schedule 1 as so applied is to be exercised by statutory instrument; (iii) a statutory instrument containing such regulations made by the Welsh Ministers is to be subject to annulment in pursuance of a resolution of the National Assembly for Wales.

SCHEDULE 3

Application for special procedure licence

1

An application for the issue of a special procedure licence may relate to one special procedure, or more than one.

2

An application for a licence authorising the performance of a special procedure is to be made—

(a) if the applicant believes that the procedure is likely to be carried out by the applicant in the area of one local authority only, to that local authority;

(b) if the applicant believes that the procedure is likely to be carried out by the applicant in the areas of different local authorities, to one of those local authorities.

3

(1) An application—

(a) must specify the procedure to which it relates;

(b) must give whatever details the authority to which it is made may require about the basis on which the procedure is to be performed (for instance, whether it is to be performed on a peripatetic basis, on a fixed site basis, on a mobile basis, on a temporary basis, or otherwise);

(2) An application—

(a) is to be made in whatever way the authority to which it is made may require;

(b) is to be accompanied by whatever fee is set by the authority.

(3) That fee (if any) is to be set by the authority having regard to the costs incurred or expected to be incurred by the authority in connection with dealing with applications.

4

(1) An application must include the following information—

(a) the full name, date of birth and usual residential address of the applicant;

(b) any proposed trading name;

(d) in the case of an application for the issue of a licence authorising the performance of a procedure at premises within section 59(3) (premises or vehicle occupied by or under control or management of certain persons), the address of each of the premises at which the performance of the procedure is to be authorised by the licence;

(e) in the case of an application for a licence authorising the performance of a procedure in a vehicle within section 59(3) that has a registration number, the registration number of the vehicle;

(f) in the case of an application for a licence authorising the performance of a procedure in a vehicle within section 59(3) that does not have a registration number, whatever identifying details of the vehicle the authority considers appropriate;

(g) any other information that the authority concerned may require, which may, for instance, include information about any offence of which the applicant has been convicted (whether or not committed under the law of England and Wales).

(2) At any time after receiving but before determining an application, an authority may require the applicant to provide it with any further information that it considers necessary to enable it to determine the application.

(3) That further information may include any information that the authority considers necessary for the purpose of verifying the identity of the applicant.

(4) Regulations may—

(a) make provision about the way in which a local authority is to determine the amount of the fee that is to accompany an application made to it;

(b) make further provision about applications (including, among other things, about the way in which an application is to be made, the information to be provided, and the way in which an application is to be dealt with by an authority).

Contents of special procedure licence

5

(1) A special procedure licence must—

(a) state the name of the licence holder;

(b) bear a photograph of the licence holder;

(d) name the authority by which the licence is issued;

(e) specify each procedure the performance of which is authorised by the licence;

(f) specify the licence period and, in the case of a temporary licence, state that it is a temporary licence.

(2) A licence that is required, by section 59(3), to identify premises or a vehicle must (as the case may be)—

(a) specify the address of the premises;

(b) in the case of a vehicle that has a registration number, state the registration number;

(c) in the case of a vehicle that does not have a registration number, identify the vehicle in whatever way the authority issuing the licence considers appropriate.

(3) Regulations may make further provision about the form and content of special procedure licences (including, among other things, about the inclusion of information about the applicable mandatory licensing conditions).

Copy of licence

6

(1) If a special procedure licence is mislaid, stolen, or damaged, the licence holder may apply to the authority by which it was issued for a copy.

(2) An application under sub-paragraph (1)—

(a) is to be made in whatever way the authority concerned may require, and

(b) is to be accompanied by whatever fee is set by the authority.

(3) The authority must grant the application if it is satisfied—

(a) that the licence has been mislaid, stolen or damaged, and

(b) that where the licence has been mislaid or stolen, the loss or theft has been reported to the police.

(4) As soon as reasonably practicable after granting an application under sub-paragraph (1), an authority is to issue a copy of the licence to the applicant.

7

A copy of a licence issued by an authority under paragraph 6 is—

(a) to be certified by the authority as a true copy, and

(b) to be treated for the purposes of this Part and any requirements imposed by or under it as being the original licence.

Expiry of licence

8

(1) A special procedure licence is to be treated for the purposes of this Part as expiring with whichever is the earliest of—

(a) the end of the licence period;

(b) the date with the expiry of which revocation of the licence has effect;

(c) the date with the expiry of which the licence ceases to have effect under paragraph 14(3) (voluntary termination of licence);

(d) in the case of a licence authorising the performance of a procedure by an individual who is designated under section 61 in respect of that procedure, the date on which any withdrawal of the designation takes effect.

(2) But sub-paragraph (1) is subject to paragraph 10.

Renewal of licence

9

(1) A local authority may, on an application by the licence holder, renew a special procedure licence.

(2) An application for renewal of a licence is to be made to the authority that granted the licence.

(3) An application for renewal—

(a) is to be made in whatever way the authority concerned may require,

(b) is to include whatever information the authority concerned may require, and

10

If an application to renew a licence is received before the licence would but for this paragraph be treated as having expired, the licence is not to be treated as having expired while—

(a) the application for renewal is pending;

(b) an appeal may be brought under paragraph 18 or 19 in respect of the application;

(c) an appeal brought in respect of the application under paragraph 18 or 19, within the period for bringing an appeal under that paragraph, remains to be determined.

Variation of licence

11

(1) A local authority may, on an application to this effect by a licence holder, vary a special procedure licence issued by it.

(2) The effect of a variation may be such as to (among other things)—

(a) add, amend or remove a description of special procedure the performance of which is authorised by the licence;

(b) subject to section 59(4) (requirement that premises or vehicle be identified in licence, and approved) authorise the performance of a special procedure at premises or in a vehicle not previously identified in the licence for this purpose;

(3) A licence must not be varied under this paragraph so as to—

(a) transfer the licence from the licence holder to another individual;

(b) extend the licence period.

12

(1) An application to vary a special procedure licence—

(a) is to be made in whatever way the authority concerned may require, and

(b) is to be accompanied by whatever fee is set by the authority.

(2) An application must include—

(a) particulars of the changes proposed to be made to the licence, and

(b) any other information that the authority concerned may require.

13

(1) An application to vary a special procedure licence by adding a description of special procedure the performance of which is to be authorised by the licence—

(a) must specify the procedure concerned, and

(b) is to be treated for the purposes of this Part as being an application for the issue of a special procedure licence authorising the performance of that procedure (and the date of the variation is to be treated, for the application of this Part in respect of that procedure, as being the date of the issue of a licence authorising the performance of the procedure).

(2) But sub-paragraph (1)(b) does not apply for the purposes of the determination of the licence period.

Voluntary termination of licence

14

(1) Where a licence holder wishes a special procedure licence to cease to have effect, the licence holder may give notice to that effect to the authority that issued the licence.

(2) The notice must state the date with which the licence is to cease to have effect.

(3) Subject to any earlier expiry under paragraph 8(1)(a), (b) or (d), the licence ceases to have effect with the expiry of the date stated under sub-paragraph (2).

Right to make representations

15

(1) This paragraph applies if a local authority proposes—

(a) to give notice to an applicant under section 65(2) or 66(6) of refusal of an application (including under any of those provisions as applying in respect of the application by virtue of section 67 or paragraph 13(1)(b)),

(b) to give notice to a licence holder under section 68 of revocation of a licence (including under that section as applying in respect of the application by virtue of section 67 or paragraph 13(1)(b)), or

(2) In this paragraph and paragraphs 16 and 17, the applicant or licence holder is referred to as “A”.

(3) The authority must give A a notice (a “warning notice”) that sets out what the authority proposes to do and why.

(4) A warning notice must state that, within a period specified in the notice, A may either—

(a) make representations about the proposal, or

(b) inform the authority that A wishes to make representations.

(5) The period specified in the warning notice must not be less that 14 days beginning with the date of the notice.

(6) The authority may take the steps specified in the warning notice, if—

(a) within the period specified in the warning notice, A informs the authority that A does not wish to make representations, or

(b) the period specified in the warning notice expires and A has neither made representations nor informed the authority that A wishes to do so.

(7) If, within the period specified in the warning notice, A informs the authority that A wishes to make representations, the authority—

(a) must allow A a further reasonable period to make representations, and

(b) may take the steps specified in the warning notice, if A fails to make representations within that further period.

(8) If A makes representations (either within the period specified in the warning notice or within the further period allowed under sub-paragraph (7)(a)), the authority must consider the representations.

(9) The representations made by A under this paragraph may be made orally or otherwise; and in the case of oral representations, may be made either by A or by A's representative.

Notice of decision

16

(1) This paragraph applies if, having complied with the requirements of paragraph 15 in respect of a proposed notice under section 65(2), 66(6) or 68, a local authority decides to take the action set out in the warning notice.

(2) The notice given under section 65, 66 or 68 (as the case may be) must set out the authority's reasons for giving it.

(3) The notice must also state—

(a) that A may appeal under paragraph 18 against the decision,

(b) the period within which an appeal may be brought, and

(c) in the case of revocation under section 68, the date on which (in the absence of an appeal under paragraph 18) the revocation is to take effect.

17

If, having complied with the requirements of paragraph 15, a local authority decides not to take the action set out in the warning notice, the authority must give notice of the decision to A.

Appeals

18

(1) An applicant may appeal to a magistrates' court against—

(a) the refusal of an application for a special procedure licence;

(b) the refusal of an application to vary a special procedure licence;

(2) A licence holder may appeal to a magistrates' court against a revocation under section 68.

(3) An individual to whom notice has been given under section 61(1) (designation of a person for the purposes of section 58) may appeal to a magistrates' court against the decision to give the notice.

(4) An appeal is to be made within the period of 21 days beginning with the date of—

(a) in the case of an appeal under sub-paragraph (1) or (2), the notice of the decision to refuse the application or of the decision to revoke;

(b) in the case of an appeal under sub-paragraph (3), the notice under section 61(1).

(5) An appeal is to be by way of complaint for an order, and in accordance with the Magistrates' Courts Act 1980 (c.43).

(6) For the purposes of the time limit for making an appeal, the making of the complaint is to be treated as the making of the appeal.

(7) On an appeal, the magistrates' court may—

(a) confirm the decision of the local authority appealed against, or

(b) quash or vary the decision appealed against,

and may make such order as to costs as it thinks fit.

(8) If the magistrates' court quashes or varies the decision appealed against, it may remit the case to the local authority to dispose of in accordance with directions given by the court.

19

(1) An appeal by either party against the decision of a magistrates' court under paragraph 18 may be brought to the Crown Court.

(2) On an appeal to the Crown Court, the Crown Court may—

(a) confirm, vary or reverse the magistrates' court's decision;

(b) remit the case to the magistrates' court or the local authority to dispose of in accordance with directions given by the Crown Court.

20

(1) Where on an appeal under paragraph 18 or 19 a court varies or reverses a local authority's decision, the court may order the local authority to compensate the applicant, licence holder, or person within paragraph 18(3) (as the case may be) for loss suffered as the result of the decision.

(2) The bringing of an appeal under paragraph 18 or 19 in respect of a decision made by a local authority or notice given by a local authority does not suspend the effect of the decision or notice.

Delegation of functions

21

(1) The functions of a local authority under the following provisions of this Part are by virtue of this sub-paragraph delegated to the licensing committee of the authority established under section 6 of the Licensing Act 2003 (c.17)—

(a) section 65(2) and 66(3) (including as applied by virtue of section 67 and paragraph 13(1)), in a case where representations are made under paragraph 15;

(b) section 68, in a case where representations are made under paragraph 15;

(d) paragraphs 16 and 17.

(2) The following provisions of the Licensing Act 2003 (c.17) are to apply in relation to a function of an authority delegated to a licensing committee by virtue of sub-paragraph (1) as they apply in relation to a function delegated under that Act, and as if references in them to a licensing authority were to the authority concerned—

(a) section 7(9) (referral back to authority), and

(b) section 10 (sub-delegation).

(3) In the application of section 10(4) of that Act by virtue of sub-paragraph (2), for the list of functions in that section there is substituted the list of functions at sub-paragraph (1)(a) to (d).

(4) Regulations may make provision about the procedures applicable to licensing committees and their sub-committees for the purpose of the exercise of functions under or by virtue of this Part, including (among other things) provision as to—

(a) validity and quorum;

(b) public access;

(d) records.

(5) Subject to any provision made under the regulations, each licensing committee may, for the purposes of the exercise of the functions referred to in sub-paragraph (4), regulate its own procedure and that of its sub-committees.

Consequential amendments

22

(1) The Local Government (Miscellaneous Provisions) Act 1982 (c.30) is amended as follows.

(2) In section 13(11) (meaning of “local authority” in Part 8), in paragraph (a) after “district” insert “ in England ”.

(3) In section 14 (acupuncture)—

(a) in subsection (1) after “any area” insert “ in England ”, and

(b) in subsection (2) after “any area” insert “ in England ”.

(4) In section 15 (tattooing etc)—

(a) in subsection (1) after “any area” insert “ in England ”, and

(b) in subsection (2) after “any area” insert “ in England ”.

23

In the Local Government Byelaws (Wales) Act 2012 (anaw 2), in each table in Schedule 1 (byelaw making powers) omit the entry relating to—

(a) section 14 of the Local Government (Miscellaneous Provisions) Act 1982 (c.30);

(b) section 15 of the Local Government (Miscellaneous Provisions) Act 1982 (c.30).

SCHEDULE 4

Public Health Act 1936 (c.49)

1

(1) Section 87 of the Public Health Act 1936 (provision of public conveniences) is amended as follows.

(2) In subsection (1)—

(a) for “A county council, a local authority” substitute “ A county council in England, a local authority in England ”;

(b) omit “or community”.

(3) In the heading, after “conveniences”, insert “ in England ”.

Highways Act 1980 (c.66)

2

In section 114 of the Highways Act 1980 (provision of public conveniences for road users), for subsection (4) substitute—

(4) The powers in subsection (1) are without prejudice to— (a) section 87 of the Public Health Act 1936 (provision of public conveniences in England); (b) section 116 of the Public Health (Wales) Act 2017 (local authority power to provide public toilets in Wales).

Local Government Byelaws (Wales) Act 2012 (anaw 2)

3

(1) In the Local Government Byelaws (Wales) Act 2012, Schedule 1 (byelaws not requiring confirmation) is amended as follows.

(2) In each table omit the entry relating to section 87 of the Public Health Act 1936.

(3) In each table, in the appropriate place insert—

Section 117 of the Public Health (Wales) Act 2017	Regulating the conduct of persons in toilets	County council, county borough council and community council

Overview

Implementation of national strategy

Offence of smoking in smoke-free premises or vehicle

Interpretation of this Chapter

What is a special procedure?

What is an intimate piercing?

Health impact assessments: publication and taking into account

Pharmaceutical lists

Local toilets strategies: interim progress statement

Offences by bodies corporate etc.

Interpretation

Contents of fixed penalty notice

Amount of penalty and period for payment

Discounted amount and period for payment

Effect of notice and payment

Trial

Withdrawal of notices

Fixed penalty receipts

Health Act 2006 (c.28)

Children and Families Act 2014 (c.6)

Application for special procedure licence

Contents of special procedure licence

Copy of licence

Expiry of licence

Renewal of licence

Variation of licence

Voluntary termination of licence

Right to make representations

Notice of decision

Appeals

Delegation of functions

Consequential amendments

Public Health Act 1936 (c.49)

Highways Act 1980 (c.66)

Local Government Byelaws (Wales) Act 2012 (anaw 2)

Editorial notes

S. 94 in force at 13.9.2024 for specified purposes by S.I. 2024/938, art. 2(1)(j)

S. 79 in force at 29.11.2024 by S.I. 2024/1248, art. 2(u) (with arts. 4, 5)

S. 17 in force at 1.3.2021 in so far as not already in force by S.I. 2021/202, art. 2

Sch. 1 para. 1 in force at 1.3.2021 in so far as not already in force by S.I. 2021/202, art. 2

Sch. 3 para. 11 in force at 13.9.2024 for specified purposes by S.I. 2024/938, art. 2(1)(k)

Sch. 2 para. 7 in force at 1.3.2021 by S.I. 2021/202, art. 2

S. 18 in force at 29.9.2020 for specified purposes by S.I. 2020/1048, art. 2(1)(e)

Sch. 1 para. 4 in force at 1.3.2021 in so far as not already in force by S.I. 2021/202, art. 2

Sch. 1 para. 6 in force at 1.3.2021 in so far as not already in force by S.I. 2021/202, art. 2

Sch. 3 para. 11 in force at 29.11.2024 in so far as not already in force by S.I. 2024/1248, art. 2(jj) (with arts. 4, 5)

S. 98 in force at 1.2.2018 by S.I. 2018/1, art. 2(a)

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