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Reform history

Public Health (Wales) Act 2017

11 versions · 2017-07-03

2025-09-19

Public Health (Wales) Act 2017

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2025-08-29

Public Health (Wales) Act 2017

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2024-11-29

Public Health (Wales) Act 2017

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2024-09-13

Public Health (Wales) Act 2017

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2021-03-01

Public Health (Wales) Act 2017

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2020-09-29

Public Health (Wales) Act 2017

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2019-04-01

Public Health (Wales) Act 2017

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2018-05-31

Public Health (Wales) Act 2017

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2018-02-01

Public Health (Wales) Act 2017

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2017-10-04

Public Health (Wales) Act 2017

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Changes on 2017-10-04

@@ -126,7 +126,7 @@

- (2) A person who controls or is concerned in the management of premises within section 9(3) (registered day care premises) that are smoke free by virtue of section 9 must take reasonable steps to cause a person smoking there to stop smoking.

- (3) A person registered to act as a child minder under Part 2 of the [Children and Families (Wales) Measure 2010 (nawm 1)](https://www.legislation.gov.uk/mwa/2010/1) must take reasonable steps to cause a person smoking in premises within subsection (4) to stop smoking.

- (3) A person registered to act as a child minder under Part 2 of the Children and Families (Wales) Measure 2010 (nawm 1) must take reasonable steps to cause a person smoking in premises within subsection (4) to stop smoking.

- (4) Premises are within this subsection if—

@@ -160,7 +160,7 @@

- (1) Premises in Wales are smoke-free for the purposes of this Chapter if they are workplaces.

- (2) A “workplace” means premises that are—

- (2) A “*workplace*” means premises that are—

- (a) used as a place of work by more than one person (even if the persons who work there do so at different times, or only intermittently), or

@@ -206,7 +206,7 @@

- (3) Premises are within this subsection if—

- (a) they are registered under Part 2 of the [Children and Families (Wales) Measure 2010 (nawm 1)](https://www.legislation.gov.uk/mwa/2010/1) (the “2010 Measure”) as being premises at which a person is authorised to provide day care for children, or

- (a) they are registered under Part 2 of the Children and Families (Wales) Measure 2010 (nawm 1) (the “2010 Measure”) as being premises at which a person is authorised to provide day care for children, or

- (b) they form part of premises that are so registered.

@@ -384,7 +384,7 @@

- (4) The power to make regulations under this section may not be exercised so as to provide for a ship or hovercraft within subsection (5) to be treated as a smoke-free vehicle.

- (5) A ship or hovercraft is within this subsection if regulations could be made in relation to it under section 85 of the [Merchant Shipping Act 1995 (c.21)](https://www.legislation.gov.uk/ukpga/1995/21) including that section as applied by any Order in Council under section 1(1)(h) of the [Hovercraft Act 1968 (c.59)](https://www.legislation.gov.uk/ukpga/1968/59).

- (5) A ship or hovercraft is within this subsection if regulations could be made in relation to it under section 85 of the Merchant Shipping Act 1995 (c.21) including that section as applied by any Order in Council under section 1(1)(h) of the Hovercraft Act 1968 (c.59).

### Smoke-free premises: exemptions

@@ -534,7 +534,7 @@

- (2) If the occupier of premises that an authorised officer is authorised to enter by a warrant under section 20 or 21 is present at the time the authorised officer seeks to execute the warrant—

- (a) the occupier must be told the officer’s name;

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

- (b) the officer must produce to the occupier documentary evidence that the officer is an authorised officer;

@@ -558,7 +558,7 @@

- (c) take possession of anything on the premises, and retain it for as long as the 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.

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

- (2) If the authorised officer considers it necessary for the purpose of ascertaining whether an offence under section 5, 6 or 17 has been committed, the officer may arrange for anything produced under subsection (1)(b) or anything which the officer has taken possession of under subsection (1)(c) to be analysed.

@@ -574,7 +574,7 @@

- (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).

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

- (5) 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

@@ -606,25 +606,25 @@

##### 25

- (1) A person (“P”) with an interest in anything taken away under section 23(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.

- (1) A person (“P”) with an interest in anything taken away under section 23(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 5, 6 or 17 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)](https://www.legislation.gov.uk/ukpga/1980/43)).

- (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)](https://www.legislation.gov.uk/ukpga/1897/30).

- (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).

#### Appropriated property: compensation

##### 26

- (1) A person (“P”) with an interest in anything of which an authorised officer of an enforcement authority has taken possession under section 23(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 authorised 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 5, 6 or 17 had been committed, and

- (a) P has suffered loss or damage in consequence of the authorised 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 5, 6 or 17 had been committed, and

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

@@ -652,11 +652,11 @@

- (6) In the case of an offence that an authorised officer has reason to believe has been committed by an unincorporated association other than a partnership, the references in subsections (1) and (2) to the person to whom a fixed penalty notice may be given are to be treated as references to the association.

- (7) In this section, “partnership” means—

- (a) a partnership within the [Partnership Act 1890 (c.39)](https://www.legislation.gov.uk/ukpga/1890/39), or

- (b) a limited partnership registered under the [Limited Partnerships Act 1907 (c.24)](https://www.legislation.gov.uk/ukpga/1907/24).

- (7) In this section, “*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).

- (8) For further provision about fixed penalties, see Schedule 1.

@@ -668,37 +668,37 @@

- (1) In this Chapter—

- “adult care home” (“*cartref gofal i oedolion*”) means premises at which a care home service within the meaning given by paragraph 1 of Schedule 1 to the Regulation and Inspection of [Social Care (Wales) Act 2016 (anaw 2)](https://www.legislation.gov.uk/anaw/2016/2) is provided to persons aged 18 or over;

- “adult hospice” (“*hosbis i oedolion*”) means premises wholly or mainly used for the provision of palliative care to persons aged 18 or over, who are suffering from a progressive disease in its final stages, by or behalf of an establishment the primary function of which is the provision of such care;

- “authorised officer” (“*swyddog awdurdodedig*”) has the meaning given by section 18(5);

- “child” (“*plentyn*”) means a person aged under 18;

- “childcare” (“*gofal plant*”) means (subject to subsection (2)) any form of care for a child, other than care provided for a child by a parent, relative or foster parent of the child, and includes— education for a child, and any other supervised activity for a child;

- “enforcement authority” (“*awdurdod gorfodi*”) is to be interpreted in accordance with section 18;

- “hospital” (“*ysbyty*”) has the meaning given by section 206 of the [National Health Service (Wales) Act 2006 (c.42)](https://www.legislation.gov.uk/ukpga/2006/42);

- “parent” (“*rhiant*”) includes any person who has parental responsibility (within the meaning of section 3 of the [Children Act 1989 (c.41)](https://www.legislation.gov.uk/ukpga/1989/41)) for a child;

- “playground equipment” (“*cyfarpar maes chwarae*”) includes (for example) a swing, slide, sand-pit, or ramp, but does not include powered equipment (such as equipment powered by electric motor);

- “premises” (“*mangre*”) includes— any place; a moveable structure other than a vehicle; a stall; a tent; an offshore installation within the meaning given in the [Mineral Workings (Offshore Installations) Act 1971 (c.61)](https://www.legislation.gov.uk/ukpga/1971/61) (see section 12 of that Act);

- “registered pupil” (“*disgybl cofrestredig*”) has the meaning given by section 434(5) of the [Education Act 1996 (c.56)](https://www.legislation.gov.uk/ukpga/1996/56);

- “relative” (“*perthynas*”), in relation to a child, means a step-parent, grandparent, aunt, uncle, brother or sister (including any person who is in that relationship by virtue of a marriage or civil partnership or an enduring family relationship);

- “school” (“*ysgol*”) has the meaning given by section 4 of the [Education Act 1996 (c.56)](https://www.legislation.gov.uk/ukpga/1996/56);

- “smoking” and “smokes” (“*ysmygu*”) are to be read in accordance with section 4;

- “vehicle” (“*cerbyd*”) includes a train, tram, vessel, hovercraft and aircraft;

- “Wales” (“*Cymru*”) has the meaning given by section 158(1) of the [Government of Wales Act 2006 (c.32)](https://www.legislation.gov.uk/ukpga/2006/32).

- “*adult care home*” (“**cartref gofal i oedolion**”) means premises at which a care home service within the meaning given by paragraph 1 of Schedule 1 to the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2) is provided to persons aged 18 or over;

- “*adult hospice*” (“**hosbis i oedolion**”) means premises wholly or mainly used for the provision of palliative care to persons aged 18 or over, who are suffering from a progressive disease in its final stages, by or behalf of an establishment the primary function of which is the provision of such care;

- “*authorised officer*” (“**swyddog awdurdodedig**”) has the meaning given by section 18(5);

- “*child*” (“**plentyn**”) means a person aged under 18;

- “*childcare*” (“**gofal plant**”) means (subject to subsection (2)) any form of care for a child, other than care provided for a child by a parent, relative or foster parent of the child, and includes—education for a child, andany other supervised activity for a child;

- “*enforcement authority*” (“**awdurdod gorfodi**”) is to be interpreted in accordance with section 18;

- “*hospital*” (“**ysbyty**”) has the meaning given by section 206 of the National Health Service (Wales) Act 2006 (c.42);

- “*parent*” (“**rhiant**”) includes any person who has parental responsibility (within the meaning of section 3 of the Children Act 1989 (c.41)) for a child;

- “*playground equipment*” (“**cyfarpar maes chwarae**”) includes (for example) a swing, slide, sand-pit, or ramp, but does not include powered equipment (such as equipment powered by electric motor);

- “*premises*” (“**mangre**”) includes—any place;a moveable structure other than a vehicle;a stall;a tent;an offshore installation within the meaning given in the Mineral Workings (Offshore Installations) Act 1971 (c.61) (see section 12 of that Act);

- “*registered pupil*” (“**disgybl cofrestredig**”) has the meaning given by section 434(5) of the Education Act 1996 (c.56);

- “*relative*” (“**perthynas**”), in relation to a child, means a step-parent, grandparent, aunt, uncle, brother or sister (including any person who is in that relationship by virtue of a marriage or civil partnership or an enduring family relationship);

- “*school*” (“**ysgol**”) has the meaning given by section 4 of the Education Act 1996 (c.56);

- “smoking” and “*smokes*” (“**ysmygu**”) are to be read in accordance with section 4;

- “*vehicle*” (“**cerbyd**”) includes a train, tram, vessel, hovercraft and aircraft;

- “*Wales*” (“**Cymru**”) has the meaning given by section 158(1) of the Government of Wales Act 2006 (c.32).

- (2) References in this Chapter to “childcare” do not include—

@@ -708,11 +708,11 @@

- (3) For the purposes of subsection (1) a person is a foster parent in relation to a child if the person—

- (a) is a local authority foster parent (within the meaning given by section 197 of the [Social Services and Well-being (Wales) Act 2014 (anaw 4)](https://www.legislation.gov.uk/anaw/2014/4)), or

- (a) is a local authority foster parent (within the meaning given by section 197 of the Social Services and Well-being (Wales) Act 2014 (anaw 4)), or

- (b) fosters the child privately.

- (4) References in this Chapter to a “dwelling” include land enjoyed with premises where the premises themselves constitute a dwelling, unless the land is agricultural land (within the meaning given by section 246 of the [Renting Homes (Wales) Act 2016 (anaw 1)](https://www.legislation.gov.uk/anaw/2016/1)) exceeding 0.809 hectares.

- (4) References in this Chapter to a “dwelling” include land enjoyed with premises where the premises themselves constitute a dwelling, unless the land is agricultural land (within the meaning given by section 246 of the Renting Homes (Wales) Act 2016 (anaw 1)) exceeding 0.809 hectares.

- (5) References in this Chapter, however expressed, to premises or vehicles which are (or are not) smoke-free (or treated as smoke-free), are to those premises or vehicles so far as they are (or are not) smoke-free (or treated as smoke-free) under or by virtue of this Chapter.

@@ -734,15 +734,15 @@

##### 30

- (1) The registration authority must maintain a register of persons carrying on a tobacco or nicotine business at premises in Wales (“the register”).

- (1) The registration authority must maintain a register of persons carrying on a tobacco or nicotine business at premises in Wales (“*the register*”).

- (2) The registration authority for this purpose is a person specified as such in regulations.

- (3) For the purposes of this Chapter “tobacco or nicotine business” means a business involving the sale by retail of tobacco or cigarette papers or nicotine products.

- (3) For the purposes of this Chapter “*tobacco or nicotine business*” means a business involving the sale by retail of tobacco or cigarette papers or nicotine products.

- (4) Each entry in the register in respect of a person carrying on a tobacco or nicotine business in Wales must state—

- (a) the person’s name and address;

- (a) the person's name and address;

- (b) the address of each of the premises at which a tobacco or nicotine business is carried on by that person;

@@ -758,13 +758,13 @@

- (d) in the case of premises consisting of a moveable structure, a stall, a tent or a vehicle, the name of each local authority in whose area the business is carried on.

- (5) For the purpose of subsection (4)(a), a person’s name and address is—

- (5) For the purpose of subsection (4)(a), a person's name and address is—

- (a) in the case of an individual—

- (i) the individual’s name and, if different, the individual’s trading name, and

- (ii) the address of the individual’s usual place of residence;

- (i) the individual's name and, if different, the individual's trading name, and

- (ii) the address of the individual's usual place of residence;

- (b) in the case of a company—

@@ -774,9 +774,9 @@

- (c) in the case of a partnership other than a limited liability partnership—

- (i) the name of each partner and, if different, the partnership’s trading name, and

- (ii) the address of each partner’s usual place of residence;

- (i) the name of each partner and, if different, the partnership's trading name, and

- (ii) the address of each partner's usual place of residence;

- (d) in the case of a limited liability partnership—

@@ -788,9 +788,9 @@

- (7) For the purposes of this Chapter—

- (a) a person is registered if the person’s name is entered in the register, and other related expressions are to be construed accordingly;

- (b) references to a person’s entry in the register are to the entry relating to that person in the register.

- (a) a person is registered if the person's name is entered in the register, and other related expressions are to be construed accordingly;

- (b) references to a person's entry in the register are to the entry relating to that person in the register.

- (8) Regulations under subsection (2) may specify the Welsh Ministers as the registration authority.

@@ -806,13 +806,13 @@

- (b) if the applicant is already a registered person—

- (i) to add further premises to the person’s entry in the register, or

- (ii) in the case of premises consisting of a moveable structure, a stall, a tent or a vehicle, to add another local authority to the person’s entry in the register.

- (i) to add further premises to the person's entry in the register, or

- (ii) in the case of premises consisting of a moveable structure, a stall, a tent or a vehicle, to add another local authority to the person's entry in the register.

- (2) An application under subsection (1) must—

- (a) state the applicant’s name and address (for which see section 30(5));

- (a) state the applicant's name and address (for which see section 30(5));

- (b) if the application is made under subsection (1)(a), state the address of each of the premises at which the applicant proposes to carry on a tobacco or nicotine business;

@@ -862,9 +862,9 @@

- (1) The registration authority must grant an application made under section 31 unless subsection (2) or (3) applies.

- (2) The registration authority must not grant the application in so far as it relates to premises specified in the application in respect of which a restricted premises order made under section 12A of the [Children and Young Persons Act 1933 (c.12)](https://www.legislation.gov.uk/ukpga/1933/12) has effect.

- (3) The registration authority must not grant the application if a restricted sale order made under section 12B of the [Children and Young Persons Act 1933 (c.12)](https://www.legislation.gov.uk/ukpga/1933/12) has effect in respect of the applicant.

- (2) The registration authority must not grant the application in so far as it relates to premises specified in the application in respect of which a restricted premises order made under section 12A of the Children and Young Persons Act 1933 (c.12) has effect.

- (3) The registration authority must not grant the application if a restricted sale order made under section 12B of the Children and Young Persons Act 1933 (c.12) has effect in respect of the applicant.

- (4) On granting an application made under section 31, the registration authority must make the appropriate entry or amendment to an entry in the register.

@@ -874,13 +874,13 @@

- (1) A registered person must give the registration authority notice of any of the following matters—

- (a) any change in the person’s name or address from that stated in the register in accordance with section 30(4)(a);

- (b) any change in what the person is selling from that stated in the person’s entry in the register in accordance with section 30(4)(c);

- (c) if the person stops carrying on a tobacco or nicotine business at premises stated in the person’s entry in the register;

- (d) in the case of a tobacco or nicotine business carried on from premises consisting of a moveable structure, a stall, a tent or a vehicle, if the person stops carrying on the business in the area of a local authority stated in the person’s entry in the register.

- (a) any change in the person's name or address from that stated in the register in accordance with section 30(4)(a);

- (b) any change in what the person is selling from that stated in the person's entry in the register in accordance with section 30(4)(c);

- (c) if the person stops carrying on a tobacco or nicotine business at premises stated in the person's entry in the register;

- (2) A person stops carrying on a business for the purpose of subsection (1)(c) or (d) when that person stops doing so for a continuous period of no less than 28 days.

@@ -902,11 +902,11 @@

- (b) to correct any inaccuracies in the register of which it becomes aware otherwise than by receiving notice under section 33.

- (2) But if the registration authority proposes to revise the register by amending or removing a person’s entry, it must give notice of the proposed revision to the person.

- (2) But if the registration authority proposes to revise the register by amending or removing a person's entry, it must give notice of the proposed revision to the person.

- (3) The notice must give reasons for the proposed revision.

- (4) The registration authority must not amend or remove a person’s entry in the register if the authority is satisfied, on the basis of information provided by the person to the authority within the period mentioned in subsection (5), that the person’s entry is accurate.

- (4) The registration authority must not amend or remove a person's entry in the register if the authority is satisfied, on the basis of information provided by the person to the authority within the period mentioned in subsection (5), that the person's entry is accurate.

- (5) The period is the period of 28 days beginning with the date of the notice given under subsection (2).

@@ -916,11 +916,11 @@

##### 35

- (1) The registration authority must publish a list that sets out the name of each registered person and the address of each of the premises stated in the person’s entry in the register as being premises at which a tobacco or nicotine business is carried on.

- (2) But in respect of a registered person carrying on a tobacco or nicotine business at premises consisting of a moveable structure, a stall, a tent or a vehicle, the list published under subsection (1) must, instead of the address of the premises, set out the name of each local authority stated in the person’s entry in the register.

- (3) The registration authority must also make available to a local authority all other information contained in the register in so far as it relates to premises in the authority’s area.

- (1) The registration authority must publish a list that sets out the name of each registered person and the address of each of the premises stated in the person's entry in the register as being premises at which a tobacco or nicotine business is carried on.

- (3) The registration authority must also make available to a local authority all other information contained in the register in so far as it relates to premises in the authority's area.

#### Excepted premises

@@ -942,11 +942,11 @@

- (1) A person who carries on a tobacco or nicotine business at premises in Wales without being registered commits an offence.

- (2) A registered person who carries on a tobacco or nicotine business at premises in Wales other than premises stated in the person’s entry in the register commits an offence.

- (2) A registered person who carries on a tobacco or nicotine business at premises in Wales other than premises stated in the person's entry in the register commits an offence.

- (3) Subsection (2) does not apply in the case of a tobacco or nicotine business carried on at premises consisting of a moveable structure, a stall, a tent or a vehicle.

- (4) A registered person who carries on a tobacco or nicotine business at premises consisting of a moveable structure, a stall, a tent or a vehicle in the area of a local authority other than one stated in the person’s entry in the register commits an offence.

- (5) A registered person who fails, without reasonable excuse, to comply with section 33 (duty to notify certain changes) commits an offence.

@@ -1024,7 +1024,7 @@

- (2) If the occupier of premises that an authorised officer is authorised to enter by a warrant under section 41 or 42 is present at the time the authorised officer seeks to execute the warrant—

- (a) the occupier must be told the officer’s name;

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

- (b) the officer must produce to the occupier documentary evidence that the officer is an authorised officer;

@@ -1046,7 +1046,7 @@

- (c) take possession of anything on the premises, and retain it for as long as the 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.

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

- (2) If the authorised officer considers it necessary for the purpose of ascertaining whether an offence under section 38(1), (2) or (4) has been committed, the officer may arrange for anything produced under subsection (1)(b), or of which the officer has taken possession under subsection (1)(c), to be analysed.

@@ -1062,7 +1062,7 @@

- (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).

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

- (5) 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

@@ -1098,25 +1098,25 @@

##### 47

- (1) A person (“P”) with an interest in anything taken away under section 44(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.

- (1) A person (“P”) with an interest in anything taken away under section 44(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 38(1), (2) or (4) has been committed, it may make an order requiring the release of the retained property.

#### Appropriated property: compensation

##### 48

- (1) A person (“P”) with an interest in anything which an authorised officer of a local authority has taken possession of under section 44(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—

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

@@ -1126,7 +1126,7 @@

##### 49

- (1) Where an authorised officer has reason to believe that a person has committed an offence under section 38(2), (4) or (5) in the local authority’s area, the officer may give that person a fixed penalty notice in respect of the offence.

- (1) Where an authorised officer has reason to believe that a person has committed an offence under section 38(2), (4) or (5) in the local authority's area, the officer may give that person a fixed penalty notice in respect of the offence.

- (2) A fixed penalty notice is a notice offering a person the opportunity to discharge any liability to conviction for the offence to which the notice relates by paying a fixed penalty.

@@ -1134,11 +1134,11 @@

- (4) In the case of an offence that an authorised officer has reason to believe has been committed by an unincorporated association other than a partnership, the reference in subsection (1) to the person to whom a fixed penalty notice may be given is to be treated as a reference to the association.

- (5) In this section, “partnership” means—

- (a) a partnership within the [Partnership Act 1890 (c.39)](https://www.legislation.gov.uk/ukpga/1890/39), or

- (b) a limited partnership registered under the [Limited Partnerships Act 1907 (c.24)](https://www.legislation.gov.uk/ukpga/1907/24).

- (5) In this section, “*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).

- (6) For further provision about fixed penalties, see Schedule 1.

@@ -1150,23 +1150,23 @@

- (1) In this Chapter—

- “authorised officer” (“*swyddog awdurdodedig*”) has the meaning given in section 39;

- “limited liability partnership” (“*partneriaeth atebolrwydd cyfyngedig*”) means a limited liability partnership formed under the [Limited Liability Partnerships Act 2000 (c.12)](https://www.legislation.gov.uk/ukpga/2000/12);

- “premises” (“*mangre*”) includes any place and any moveable structure, stall, tent or vehicle (other than a train, vessel, aircraft or hovercraft);

- “the register” (“*y gofrestr*”) means the register maintained under section 30(1);

- “registered” (“*cofrestredig” and “wedi ei gofrestru*”) has the meaning given in section 30(7);

- “registration authority” (“*awdurdod cofrestru*”) means the person specified in regulations made under section 30(2);

- “tobacco” (“*tybaco*”) includes cigarettes, any product containing tobacco and intended for oral or nasal use, and smoking mixtures intended as a substitute for tobacco; and “cigarette” (“*sigarét*”) includes cut tobacco rolled up in paper, tobacco leaf, or other material in such form as to be capable of immediate use for smoking;

- “tobacco or nicotine business” (“*busnes tybaco neu nicotin*”) has the meaning given in section 30(3);

- “trading name” (“*enw masnachu*”) means a name under which a person carries on a tobacco or nicotine business.

- “*authorised officer*” (“**swyddog awdurdodedig**”) has the meaning given in section 39;

- “*limited liability partnership*” (“**partneriaeth atebolrwydd cyfyngedig**”) means a limited liability partnership formed under the Limited Liability Partnerships Act 2000 (c.12);

- “*premises*” (“**mangre**”) includes any place and any moveable structure, stall, tent or vehicle (other than a train, vessel, aircraft or hovercraft);

- “*the register*” (“**y gofrestr**”) means the register maintained under section 30(1);

- “*registered*” (“**cofrestredig” and “wedi ei gofrestru**”) has the meaning given in section 30(7);

- “*registration authority*” (“**awdurdod cofrestru**”) means the person specified in regulations made under section 30(2);

- “*tobacco*” (“**tybaco**”) includes cigarettes, any product containing tobacco and intended for oral or nasal use, and smoking mixtures intended as a substitute for tobacco; and “*cigarette*” (“**sigarét**”) includes cut tobacco rolled up in paper, tobacco leaf, or other material in such form as to be capable of immediate use for smoking;

- “*tobacco or nicotine business*” (“**busnes tybaco neu nicotin**”) has the meaning given in section 30(3);

- “*trading name*” (“**enw masnachu**”) means a name under which a person carries on a tobacco or nicotine business.

- (2) “Nicotine product”, for the purposes of this Chapter, means a product or description of product specified in regulations, but the following are not to be treated as being nicotine products—

@@ -1182,7 +1182,7 @@

##### 51

In section 12D of the [Children and Young Persons Act 1933 (c.12)](https://www.legislation.gov.uk/ukpga/1933/12), after subsection (1) insert—

In section 12D of the Children and Young Persons Act 1933 (c.12), after subsection (1) insert—

> (1A) In section 12A a “tobacco or nicotine offence” also means an offence specified in regulations made by the Welsh Ministers which is committed on any premises in Wales (which are accordingly “the premises in relation to which the offence is committed”).

> (1B) An offence may be specified in regulations under subsection (1A) only if—

@@ -1207,7 +1207,7 @@

- (b) the handing over does not take place either—

- (i) in the course of B’s trade, profession, business or employment, or

- (i) in the course of B's trade, profession, business or employment, or

- (ii) in the presence of another person who is aged 18 or over,

@@ -1223,7 +1223,7 @@

- (3) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

- (4) Where a person (“the accused”) is charged with an offence under this section by reason of the accused’s own conduct (and otherwise than by virtue of section 44 of the [Magistrates’ Courts Act 1980 (c.43)](https://www.legislation.gov.uk/ukpga/1980/43) (aiders and abettors)) it is a defence for the accused to show—

- (4) Where a person (“the accused”) is charged with an offence under this section by reason of the accused's own conduct (and otherwise than by virtue of section 44 of the Magistrates' Courts Act 1980 (c.43) (aiders and abettors)) it is a defence for the accused to show—

- (a) that the accused believed, when the handing over took place, that the person to whom the tobacco, cigarette papers or nicotine products were handed over, or another person present at the time of the handing over, was aged 18 or over, and

@@ -1231,17 +1231,17 @@

- (i) that the accused had taken reasonable steps to establish the age of that person, or

- (ii) that nobody could reasonably have suspected from that person’s appearance that the person was aged under 18.

- (ii) that nobody could reasonably have suspected from that person's appearance that the person was aged under 18.

- (5) For the purposes of subsection (4)(b), the accused is to be treated as having taken reasonable steps to establish the age of a person if—

- (a) the accused asked that person for evidence of that person’s age, and

- (a) the accused asked that person for evidence of that person's age, and

- (b) the evidence would have convinced a reasonable person.

- (6) Where a person is charged with an offence under this section by reason of the act or default of another person, or by virtue of the application of section 44 of the [Magistrates’ Courts Act 1980 (c.43)](https://www.legislation.gov.uk/ukpga/1980/43) (aiders and abettors), it is a defence to show that the person took reasonable precautions and exercised due diligence to avoid committing the offence.

- (7) In this section, “employment” means any employment, whether paid or unpaid, and includes—

- (6) Where a person is charged with an offence under this section by reason of the act or default of another person, or by virtue of the application of section 44 of the Magistrates' Courts Act 1980 (c.43) (aiders and abettors), it is a defence to show that the person took reasonable precautions and exercised due diligence to avoid committing the offence.

- (7) In this section, “*employment*” means any employment, whether paid or unpaid, and includes—

- (a) work under a contract for services or as an office holder, and

@@ -1269,7 +1269,7 @@

##### 54

In section 5 of the [Children and Young Persons (Protection from Tobacco) Act 1991 (c.23)](https://www.legislation.gov.uk/ukpga/1991/23) (enforcement action by local authorities in England and Wales), in subsection (1)(a), after “persons under 18)” insert “, and in the case of a local authority in Wales, section 52 of the Public Health (Wales) Act 2017 (offence of handing over tobacco etc. to persons under 18)”.

In section 5 of the Children and Young Persons (Protection from Tobacco) Act 1991 (c.23) (enforcement action by local authorities in England and Wales), in subsection (1)(a), after “persons under 18)” insert “ , and in the case of a local authority in Wales, section 52 of the Public Health (Wales) Act 2017 (offence of handing over tobacco etc. to persons under 18) ”.

#### Interpretation of this Chapter

@@ -1277,9 +1277,9 @@

In this Chapter—

- “nicotine product” (“*cynnyrch nicotin*”) means a nicotine product the sale of which is for the time being prohibited in respect of the person to whom it is handed over by regulations under section 92 of the [Children and Families Act 2014 (c.6)](https://www.legislation.gov.uk/ukpga/2014/6) (prohibition of sale of products to persons under 18);

- “*nicotine product*” (“**cynnyrch nicotin**”) means a nicotine product the sale of which is for the time being prohibited in respect of the person to whom it is handed over by regulations under section 92 of the Children and Families Act 2014 (c.6) (prohibition of sale of products to persons under 18);

## PART 4 — SPECIAL PROCEDURES

@@ -1385,7 +1385,7 @@

- (1) An individual who is a member of a profession within subsection (2) is to be treated as being exempt from the requirement to be licensed in respect of each special procedure other than any special procedure that is specified for this purpose in or under regulations in respect of members of that profession.

- (2) A profession within this subsection is one that is regulated by a body mentioned in paragraphs (a) to (ga) of section 25(3) of the [National Health Service Reform and Health Care Professions Act 2002 (c.17)](https://www.legislation.gov.uk/ukpga/2002/17).

- (2) A profession within this subsection is one that is regulated by a body mentioned in paragraphs (a) to (ga) of section 25(3) of the National Health Service Reform and Health Care Professions Act 2002 (c.17).

- (3) Regulations may provide that an individual—

@@ -1401,7 +1401,7 @@

- (b) a voluntary register that is—

- (i) accredited by the Professional Standards Authority for Health and Social Care under section 25G of the [National Health Service Reform and Health Care Professions Act 2002 (c.17)](https://www.legislation.gov.uk/ukpga/2002/17), and

- (i) accredited by the Professional Standards Authority for Health and Social Care under section 25G of the National Health Service Reform and Health Care Professions Act 2002 (c.17), and

- (ii) specified in or under regulations.

@@ -1467,7 +1467,7 @@

- (3) The licensing criteria may also (among other things) relate to—

- (a) an individual’s eligibility for a licence (including by reference to, among other things, standards of competence);

- (a) an individual's eligibility for a licence (including by reference to, among other things, standards of competence);

- (b) the premises or vehicle at or in which the performance of a special procedure is to be authorised, or at or in which equipment or material used in a special procedure is to be stored or prepared (including, among other things, facilities available there and standards of hygiene);

@@ -1507,7 +1507,7 @@

- (b) the way in which a special procedure is to be performed (including by reference to, among other things, equipment used in, or in connection with, its performance, and protective clothing);

- (c) standards of competence relevant to performing a special procedure (including standards specified by reference to, among other things, qualifications or experience), or performing a special procedure upon a specified part of an individual’s body;

- (d) information to be provided by a licence holder (whether by display or otherwise), and to a licence holder, before and after a special procedure is performed;

@@ -1561,9 +1561,9 @@

- (1) The requirement to issue a special procedure licence in section 65(3) does not apply in the case of an applicant who has been convicted of a relevant offence.

- (2) For the purpose of determining whether an applicant has been convicted of a relevant offence, a conviction is to be taken to include a conviction by or before a court outside England and Wales; and references in this Part to a conviction, or to a person’s having been convicted of an offence, are to be interpreted accordingly.

- (3) If the local authority is satisfied as described in section 65(3) in respect of an application, but the applicant has been convicted of a relevant offence, the authority must decide whether the applicant’s fitness to perform a procedure to which the application relates has been called into question to such an extent that it would be inappropriate to issue the licence in respect of the performance of that procedure.

- (2) For the purpose of determining whether an applicant has been convicted of a relevant offence, a conviction is to be taken to include a conviction by or before a court outside England and Wales; and references in this Part to a conviction, or to a person's having been convicted of an offence, are to be interpreted accordingly.

- (3) If the local authority is satisfied as described in section 65(3) in respect of an application, but the applicant has been convicted of a relevant offence, the authority must decide whether the applicant's fitness to perform a procedure to which the application relates has been called into question to such an extent that it would be inappropriate to issue the licence in respect of the performance of that procedure.

- (4) In reaching its decision, the authority must have regard to—

@@ -1571,9 +1571,9 @@

- (b) guidance issued by the Welsh Ministers under subsection (11).

- (5) If the local authority decides that the applicant’s fitness has not been called into question as described in subsection (3) in respect of the performance of a procedure specified in the application, it must issue the licence in respect of the performance of that procedure.

- (6) If the local authority decides that the applicant’s fitness has been called into question as described in subsection (3) in respect of the performance of a procedure specified in the application—

- (5) If the local authority decides that the applicant's fitness has not been called into question as described in subsection (3) in respect of the performance of a procedure specified in the application, it must issue the licence in respect of the performance of that procedure.

- (6) If the local authority decides that the applicant's fitness has been called into question as described in subsection (3) in respect of the performance of a procedure specified in the application—

- (a) it must not issue the licence in respect of the performance of that procedure, and

@@ -1597,11 +1597,11 @@

- (v) consists of a failure to comply with a requirement of a scheme for licensing or otherwise permitting or regulating the performance of an activity which is a special procedure for the purposes of this Act.

- (9) But a conviction for a relevant offence is to be disregarded for the purposes of this Part if it is spent for the purposes of the [Rehabilitation of Offenders Act 1974 (c.53)](https://www.legislation.gov.uk/ukpga/1974/53).

- (9) But a conviction for a relevant offence is to be disregarded for the purposes of this Part if it is spent for the purposes of the Rehabilitation of Offenders Act 1974 (c.53).

- (10) Regulations may amend subsection (8) by adding, varying or removing a description of offence.

- (11) The Welsh Ministers must give guidance to local authorities about matters to be taken into account in deciding whether, and, if so, to what extent, an applicant’s fitness to perform a special procedure has been called into question.

- (11) The Welsh Ministers must give guidance to local authorities about matters to be taken into account in deciding whether, and, if so, to what extent, an applicant's fitness to perform a special procedure has been called into question.

#### Grant or refusal of application for renewal

@@ -1777,7 +1777,7 @@

- (4) Regulations may make further provision about the form and content of approval certificates.

- (5) In this section, “approval date” has the same meaning as in section 70(5).

- (5) In this section, “*approval date*” has the same meaning as in section 70(5).

#### Voluntary termination of approval

@@ -1913,11 +1913,11 @@

- (1) This section applies if a local authority is satisfied—

- (a) that an individual is performing a special procedure in the authority’s area in breach of section 58(2) or (3) (requirement to be licensed), or

- (a) that an individual is performing a special procedure in the authority's area in breach of section 58(2) or (3) (requirement to be licensed), or

- (b) that a person is carrying on a business, in the course of which a special procedure is performed in its area, in breach of the requirement in section 69(2) (approval requirement).

- (2) The authority may give notice under this section to that individual or person (who is referred to in this section as “P”).

- (2) The authority may give notice under this section to that individual or person (who is referred to in this section as “*P*”).

- (3) Notice given under this section is referred to in this Part as a stop notice.

@@ -2039,7 +2039,7 @@

- (6) The notice must—

- (a) set out the authority’s reasons for refusing the application,

- (a) set out the authority's reasons for refusing the application,

- (b) state that P may appeal under section 81 against the decision, and

@@ -2053,21 +2053,21 @@

##### 81

- (1) A person (“P”) may appeal to a magistrates’ court—

- (1) A person (“P”) may appeal to a magistrates' court—

- (a) against notice given to P under section 77;

- (b) against notice given to P under section 78 or 79;

- (c) if P is given notice under section 80(5), against the refusal of P’s application for a completion certificate.

- (c) if P is given notice under section 80(5), against the refusal of P's application for a completion certificate.

- (2) An appeal is to be made within the period of 21 days beginning with the date of the notice concerned.

- (3) An appeal is to be by way of complaint for an order, and in accordance with the [Magistrates’ Courts Act 1980 (c.43)](https://www.legislation.gov.uk/ukpga/1980/43).

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

- (4) 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.

- (5) On an appeal, the magistrates’ court may—

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

- (a) confirm the notice or refusal;

@@ -2079,15 +2079,15 @@

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

- (6) Where on an appeal under this section a magistrates’ court quashes or varies a notice given to P by a local authority, or quashes the refusal of an application for a completion certificate, it may order the local authority to compensate P for loss suffered as the result of the service of the notice or (as the case may be) the refusal.

- (7) An appeal by either party against the decision of a magistrates’ court on an appeal under this section may be brought to the Crown Court.

- (6) Where on an appeal under this section a magistrates' court quashes or varies a notice given to P by a local authority, or quashes the refusal of an application for a completion certificate, it may order the local authority to compensate P for loss suffered as the result of the service of the notice or (as the case may be) the refusal.

- (7) An appeal by either party against the decision of a magistrates' court on an appeal under this section may be brought to the Crown Court.

- (8) 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.

- (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.

- (9) The bringing of an appeal under this section against a notice given by a local authority does not suspend the effect of the notice.

@@ -2117,7 +2117,7 @@

commits an offence.

- (8) In subsection (7), “false or misleading” means false or misleading in a material particular.

- (8) In subsection (7), “*false or misleading*” means false or misleading in a material particular.

- (9) A person who commits an offence under this section is liable on summary conviction to a fine.

@@ -2137,7 +2137,7 @@

##### 84

- (1) An authorised officer may, if the officer considers it necessary for the purpose of the exercise of the local authority’s functions under or by virtue of this Part, at any reasonable time enter any premises that are within subsection (4).

- (1) An authorised officer may, if the officer considers it necessary for the purpose of the exercise of the local authority's functions under or by virtue of this Part, at any reasonable time enter any premises that are within subsection (4).

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

@@ -2157,7 +2157,7 @@

##### 85

- (1) A justice of the peace may exercise the power in subsection (3) if satisfied on sworn information in writing that, for the purpose of the exercise of a local authority’s functions under or by virtue of this Part, it is necessary to enter premises that—

- (1) A justice of the peace may exercise the power in subsection (3) if satisfied on sworn information in writing that, for the purpose of the exercise of a local authority's functions under or by virtue of this Part, it is necessary to enter premises that—

- (a) are used wholly or mainly as a dwelling, but

@@ -2181,7 +2181,7 @@

- (1) A justice of the peace may exercise the power in subsection (2) if satisfied on sworn information in writing—

- (a) that, for the purpose of the exercise of a local authority’s functions under or by virtue of this Part, it is necessary to enter premises that are not used wholly or mainly as a dwelling, and

- (a) that, for the purpose of the exercise of a local authority's functions under or by virtue of this Part, it is necessary to enter premises that are not used wholly or mainly as a dwelling, and

- (b) that a requirement set out in one or more of subsections (3) to (6) is met.

@@ -2201,7 +2201,7 @@

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

- (b) awaiting the occupier’s return is likely to defeat the purpose of the entry.

- (b) awaiting the occupier's return is likely to defeat the purpose 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.

@@ -2215,7 +2215,7 @@

- (2) If the occupier of premises that an authorised officer is authorised to enter by a warrant under section 85 or 86 is present at the time the authorised officer seeks to execute the warrant—

- (a) the occupier must be told the officer’s name;

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

- (b) the officer must produce to the occupier documentary evidence that the officer is an authorised officer;

@@ -2231,7 +2231,7 @@

##### 88

- (1) An authorised officer entering premises under section 84, or by virtue of a warrant under section 85 or 86, may do any of the following if the officer considers it necessary for the purpose of the exercise of the authority’s functions under or by virtue of this Part—

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

@@ -2239,9 +2239,9 @@

- (c) take possession of anything on the premises, and retain it for as long as the 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 the authorised officer considers it necessary for the purpose of the exercise of the local authority’s functions under or by virtue of this Part, the officer may arrange for anything produced under subsection (1)(b), or of which the officer has taken possession under subsection (1)(c), to be analysed.

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

- (2) If the authorised officer considers it necessary for the purpose of the exercise of the local authority's functions under or by virtue of this Part, the officer may arrange for anything produced under subsection (1)(b), or of which the officer has taken possession under subsection (1)(c), to be analysed.

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

@@ -2255,7 +2255,7 @@

- (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).

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

- (5) 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

@@ -2287,31 +2287,31 @@

##### 90

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

##### 91

- (1) A person (“P”) with an interest in anything taken away under section 88(1)(c) by an authorised officer of a local authority (“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 the exercise of the authority’s functions under or by virtue of this Part, it may make an order requiring the release of the retained property.

- (1) A person (“P”) with an interest in anything taken away under section 88(1)(c) by an authorised officer of a local authority (“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 the exercise of the authority's functions under or by virtue of this Part, it may make an order requiring the release of the retained property.

#### Appropriated property: compensation

##### 92

- (1) A person (“P”) with an interest in anything of which an authorised officer of a local authority has taken possession under section 88(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 authorised officer’s taking possession of the appropriated property, or retaining it, in circumstances where doing so was not necessary for the purpose of the exercise of the local authority’s functions under or by virtue of this Part, and

- (a) P has suffered loss or damage in consequence of the authorised officer's taking possession of the appropriated property, or retaining it, in circumstances where doing so was not necessary for the purpose of the exercise of the local authority's functions under or by virtue of this Part, and

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

@@ -2357,43 +2357,43 @@

- (1) In this Part—

- “acupuncture” (“*aciwbigo*”) means the insertion of needles into an individual’s tissue for remedial or therapeutic purposes, but excluding the insertion of needles into tissue for the purpose of injecting any substance;

- “applicable mandatory licensing conditions” (“*amodau trwyddedu mandadol cymwys*”) has the meaning given in section 63(7);

- “approval certificate” (“*tystysgrif gymeradwyo*”) has the meaning given in section 70;

- “authorised officer” (“*swyddog awdurdodedig*”) has the meaning given in section 83;

- “body piercing” (“*tyllu’r corff*”) means the perforation of an individual’s skin or mucous membrane, with a view to enabling— jewellery, or an object of a description prescribed in or under regulations, to be attached to, implanted in, or removed from the individual’s body;

- “completion certificate” (“*tystysgrif gwblhau*”) has the meaning given in section 80;

- “electrolysis” (“*electrolysis*”) means the removal of an individual’s body hair by passing an electric current through the root by means of an inserted needle or probe;

- “licence holder” (“*deiliad trwydded*”) has the meaning given in section 59(8);

- “licence period” (“*cyfnod y drwydded*”) has the meaning given in section 59(8);

- “licensing criteria” (“*meini prawf trwyddedu*”) has the meaning given in section 62;

- “mandatory approval conditions” (“*amodau cymeradwyo mandadol*”) has the meaning given in section 70;

- “premises” (“*mangre*”) includes any place or moveable facility (but does not include a vehicle);

- “relevant offence” (“*trosedd berthnasol*”) means an offence listed in section 66(8);

- “special procedure” (“*triniaeth arbennig*”) has the meaning given in section 57;

- “special procedure licence” (“*trwydded triniaeth arbennig*”) has the meaning given in section 59;

- “tattooing” (“*tatŵio*”) means the insertion into punctures made in an individual’s skin, or mucous membrane, of any colouring material designed to leave a semi-permanent or permanent mark (including micro pigmentation);

- “temporary licence” (“*trwydded dros dro*”) has the meaning given in section 59;

- “vehicle” (“*cerbyd*”) includes— a trailer, a semi-trailer, or other thing that is designed or adapted to be towed by another vehicle; anything on a vehicle; a detachable part of a vehicle; a container or other structure designed or adapted to be carried by or on another vehicle.

- (2) For the purposes of the definition of “body piercing” in subsection (1), the reference to perforating an individual’s skin or mucous membrane includes a reference to breaching the integrity of the skin or mucous membrane in any way, including (among other things) by way of puncture or incision.

- “*acupuncture*” (“**aciwbigo**”) means the insertion of needles into an individual's tissue for remedial or therapeutic purposes, but excluding the insertion of needles into tissue for the purpose of injecting any substance;

- “*applicable mandatory licensing conditions*” (“**amodau trwyddedu mandadol cymwys**”) has the meaning given in section 63(7);

- “*approval certificate*” (“**tystysgrif gymeradwyo**”) has the meaning given in section 70;

- “*authorised officer*” (“**swyddog awdurdodedig**”) has the meaning given in section 83;

- “*body piercing*” (“**tyllu'r corff**”) means the perforation of an individual's skin or mucous membrane, with a view to enabling—jewellery, oran object of a description prescribed in or under regulations,to be attached to, implanted in, or removed from the individual's body;

- “*completion certificate*” (“**tystysgrif gwblhau**”) has the meaning given in section 80;

- “*electrolysis*” (“**electrolysis**”) means the removal of an individual's body hair by passing an electric current through the root by means of an inserted needle or probe;

- “*licence holder*” (“**deiliad trwydded**”) has the meaning given in section 59(8);

- “*licence period*” (“**cyfnod y drwydded**”) has the meaning given in section 59(8);

- “*licensing criteria*” (“**meini prawf trwyddedu**”) has the meaning given in section 62;

- “*mandatory approval conditions*” (“**amodau cymeradwyo mandadol**”) has the meaning given in section 70;

- “*premises*” (“**mangre**”) includes any place or moveable facility (but does not include a vehicle);

- “*relevant offence*” (“**trosedd berthnasol**”) means an offence listed in section 66(8);

- “*special procedure*” (“**triniaeth arbennig**”) has the meaning given in section 57;

- “*special procedure licence*” (“**trwydded triniaeth arbennig**”) has the meaning given in section 59;

- “*tattooing*” (“**tatŵio**”) means the insertion into punctures made in an individual's skin, or mucous membrane, of any colouring material designed to leave a semi-permanent or permanent mark (including micro pigmentation);

- “*temporary licence*” (“**trwydded dros dro**”) has the meaning given in section 59;

- “*vehicle*” (“**cerbyd**”) includes—a trailer, a semi-trailer, or other thing that is designed or adapted to be towed by another vehicle;anything on a vehicle;a detachable part of a vehicle;a container or other structure designed or adapted to be carried by or on another vehicle.

- (2) For the purposes of the definition of “body piercing” in subsection (1), the reference to perforating an individual's skin or mucous membrane includes a reference to breaching the integrity of the skin or mucous membrane in any way, including (among other things) by way of puncture or incision.

- (3) Regulations under subsection (1) may prescribe an object or description of object by reference to (among other things) the part of the body on which the perforation is performed.

@@ -2417,7 +2417,7 @@

- (5) In this Part, references to harm to human health include (among other things) references to—

- (a) harm to an individual’s physical health arising through (among other things)—

- (a) harm to an individual's physical health arising through (among other things)—

- (i) physical injury,

@@ -2425,7 +2425,7 @@

- (iii) engendering or increasing susceptibility to any form of infection or contamination;

- (b) harm to an individual’s mental health.

- (b) harm to an individual's mental health.

## PART 5 — INTIMATE PIERCING

@@ -2443,7 +2443,7 @@

- (2) A person guilty of an offence under this section is liable on summary conviction to a fine.

- (3) Where a person (“the accused”) is charged with an offence under this section by reason of the accused’s own conduct (and otherwise than by virtue of the application of section 44 of the [Magistrates’ Courts Act 1980 (c.43)](https://www.legislation.gov.uk/ukpga/1980/43) (aiders and abettors)) it is a defence for the accused to show—

- (3) Where a person (“the accused”) is charged with an offence under this section by reason of the accused's own conduct (and otherwise than by virtue of the application of section 44 of the Magistrates' Courts Act 1980 (c.43) (aiders and abettors)) it is a defence for the accused to show—

- (a) that the accused believed that the person on whom the piercing referred to in subsection (1)(a) was performed, or in respect of whom the arrangements referred to in subsection (1)(b) were made, was aged 18 or over, and

@@ -2451,15 +2451,15 @@

- (i) that the accused had taken reasonable steps to establish the age of that person, or

- (ii) that nobody could reasonably have suspected from that person’s appearance that the person was under the age of 18.

- (ii) that nobody could reasonably have suspected from that person's appearance that the person was under the age of 18.

- (4) For the purposes of subsection (3)(b)(i), the accused (in the case of an offence under subsection (1)(a)) is to be treated as having taken reasonable steps to establish the age of another person if—

- (a) the accused asked that person for evidence of that person’s age, and

- (a) the accused asked that person for evidence of that person's age, and

- (b) the evidence would have convinced a reasonable person.

- (5) Where a person is charged with an offence under this section by reason of the act or default of another person, or by virtue of the application of section 44 of the [Magistrates’ Courts Act 1980 (c.43)](https://www.legislation.gov.uk/ukpga/1980/43) (aiders and abettors), it is a defence to show that the person took reasonable precautions and exercised due diligence to avoid committing the offence.

- (5) Where a person is charged with an offence under this section by reason of the act or default of another person, or by virtue of the application of section 44 of the Magistrates' Courts Act 1980 (c.43) (aiders and abettors), it is a defence to show that the person took reasonable precautions and exercised due diligence to avoid committing the offence.

#### What is an intimate piercing?

@@ -2543,7 +2543,7 @@

- (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.

- (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

@@ -2587,7 +2587,7 @@

- (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.

- (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.

@@ -2599,7 +2599,7 @@

- (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;

- (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;

@@ -2621,7 +2621,7 @@

- (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.

- (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—

@@ -2635,7 +2635,7 @@

- (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—

- (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

@@ -2665,31 +2665,31 @@

##### 105

#### 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.

- (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.

#### 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

- (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.

@@ -2699,7 +2699,7 @@

- (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)](https://www.legislation.gov.uk/ukpga/1996/16).

- (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

@@ -2741,7 +2741,7 @@

- (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)](https://www.legislation.gov.uk/anaw/2015/2).

- (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.

@@ -2769,7 +2769,7 @@

- (g) the Natural Resources Body for Wales;

- (h) the Higher Education Funding Council for Wales;

- (h) the Commission for Tertiary Education and Research;

- (i) the Arts Council of Wales;

@@ -2793,9 +2793,9 @@

- (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)](https://www.legislation.gov.uk/ukpga/2006/42);

- “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)](https://www.legislation.gov.uk/ukpga/2004/21) or a scheme to which section 4 of that Act applies.

- “*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

@@ -2803,7 +2803,7 @@

##### 111

- (1) After section 82 of the [National Health Service (Wales) Act 2006 (c.42)](https://www.legislation.gov.uk/ukpga/2006/42) (arrangements for additional pharmaceutical services: terms and conditions), insert—

- (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.

@@ -2820,7 +2820,7 @@

> (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)](https://www.legislation.gov.uk/ukpga/2006/42) (orders, regulations and directions), after subsection (6) insert—

- (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.

@@ -2828,9 +2828,9 @@

##### 112

- (1) Section 83 of the [National Health Service (Wales) Act 2006 (c.42)](https://www.legislation.gov.uk/ukpga/2006/42) (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”.

- (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—

@@ -2846,13 +2846,13 @@

- (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”;

- (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);

- (c) in paragraph (b), for “they” substitute “two or more applications referred to in subsection (2)(c)(i) or (ii)”;

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

- (c) in paragraph (b), for “they” substitute “ two or more applications referred to in subsection (2)(c)(i) or (ii) ”;

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

- (6) After subsection (4) insert—

@@ -2872,7 +2872,7 @@

;

- (c) in paragraph (g), after the words “other grounds on which” insert “or circumstances in which”;

- (c) in paragraph (g), after the words “other grounds on which” insert “ or circumstances in which ”;

- (d) after paragraph (m) insert—

@@ -2888,19 +2888,19 @@

> (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)](https://www.legislation.gov.uk/ukpga/2006/42), 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”;

- (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)](https://www.legislation.gov.uk/ukpga/2006/42), after subsection (3), insert—

- (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)](https://www.legislation.gov.uk/ukpga/2009/21) (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)](https://www.legislation.gov.uk/ukpga/2006/42).

- (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

@@ -2914,13 +2914,13 @@

- (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,

- (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

- (c) any other information which the local authority considers appropriate.

- (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)](https://www.legislation.gov.uk/ukpga/1972/70); and each review must be carried out before the end of the period of one year beginning with the date of the election.

- (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.

@@ -2962,13 +2962,13 @@

- (c) collaboration between local authorities.

- (9) In subsection (8) “highway” has the meaning given by section 328 of the [Highways Act 1980 (c.66)](https://www.legislation.gov.uk/ukpga/1980/66).

- (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)](https://www.legislation.gov.uk/anaw/2013/7).

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

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

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

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

- (a) changing facilities for babies, and

@@ -3034,9 +3034,9 @@

- (6) In this section—

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

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

- “*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

@@ -3044,9 +3044,9 @@

- (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)](https://www.legislation.gov.uk/anaw/2012/2), 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.

- (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

@@ -3062,7 +3062,7 @@

##### 119

In section 22 of the [Food Hygiene Rating (Wales) Act 2013 (anaw 2)](https://www.legislation.gov.uk/anaw/2013/2), for subsection (1) substitute—

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.

@@ -3088,7 +3088,7 @@

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—

- (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;

@@ -3096,13 +3096,13 @@

- (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.

- (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)](https://www.legislation.gov.uk/ukpga/1890/39), or

- (b) a limited partnership registered under the [Limited Partnerships Act 1907 (c.24)](https://www.legislation.gov.uk/ukpga/1907/24).

- (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

@@ -3114,7 +3114,7 @@

- (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)](https://www.legislation.gov.uk/ukpga/1925/86) and Schedule 3 to the [Magistrates’ Courts Act 1980 (c.43)](https://www.legislation.gov.uk/ukpga/1980/43) apply in proceedings for an offence brought against a partnership or an unincorporated association as they apply in relation to 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

@@ -3128,7 +3128,7 @@

- (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;

- (c) if the conditions in subsection (4) are met, by sending it to P electronically.

@@ -3138,7 +3138,7 @@

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

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

- (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;

@@ -3188,13 +3188,13 @@

- (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.

- “*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

@@ -3208,7 +3208,7 @@

- (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—

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

- (a) an Act of Parliament;

@@ -3250,9 +3250,9 @@

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), and in 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, and in relation to a fixed penalty notice given under section 49, means a local authority.

- “*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

@@ -3288,7 +3288,7 @@

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

- (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.

@@ -3316,7 +3316,7 @@

- (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)](https://www.legislation.gov.uk/ukpga/1971/80).

- (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

@@ -3396,29 +3396,29 @@

##### 2

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

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”.

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”;

- (c) in subsection (5) for “appropriate national authority” substitute “Secretary of State”.

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

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

- (c) in subsection (5) for “appropriate national authority” substitute “ Secretary of State ”.

##### 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”.

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

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

##### 6

@@ -3426,53 +3426,53 @@

- (a) in subsection (1)—

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

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

- (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”.

- (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”.

- (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”.

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”.

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”.

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”.

- (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”.

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”;

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

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

@@ -3482,11 +3482,11 @@

##### 15

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

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”.

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)

@@ -3725,7 +3725,7 @@

- (c) to give notice to an individual under section 61(1), designating that individual in respect of a special procedure.

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

- (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.

@@ -3751,7 +3751,7 @@

- (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.

- (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

@@ -3759,7 +3759,7 @@

- (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.

- (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—

@@ -3777,7 +3777,7 @@

##### 18

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

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

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

@@ -3785,9 +3785,9 @@

- (c) the refusal of an application to renew 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.

- (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—

@@ -3795,11 +3795,11 @@

- (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)](https://www.legislation.gov.uk/ukpga/1980/43).

- (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—

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

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

@@ -3807,21 +3807,21 @@

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.

- (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.

- (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.

- (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.

- (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.

@@ -3829,7 +3829,7 @@

##### 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)](https://www.legislation.gov.uk/ukpga/2003/17)—

- (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;

@@ -3839,7 +3839,7 @@

- (d) paragraphs 16 and 17.

- (2) The following provisions of the [Licensing Act 2003 (c.17)](https://www.legislation.gov.uk/ukpga/2003/17) 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—

- (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

@@ -3863,29 +3863,29 @@

##### 22

- (1) The [Local Government (Miscellaneous Provisions) Act 1982 (c.30)](https://www.legislation.gov.uk/ukpga/1982/30) is amended as follows.

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

- (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”.

- (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”.

- (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)](https://www.legislation.gov.uk/anaw/2012/2), 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)](https://www.legislation.gov.uk/ukpga/1982/30);

- (b) section 15 of the [Local Government (Miscellaneous Provisions) Act 1982 (c.30)](https://www.legislation.gov.uk/ukpga/1982/30).

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

@@ -3897,11 +3897,11 @@

- (2) In subsection (1)—

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

- (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”.

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

#### Highways Act 1980 (c.66)

2017-07-03

Public Health (Wales) Act 2017

original version Text at this date