Search Legislation

Public Health (Wales) Act 2017

Status:

This is the original version (as it was originally enacted). This item of legislation is currently only available in its original format.

66Discretion to grant application for special procedure licence

This section has no associated Explanatory Notes

(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.

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

(a)the nature and circumstances of the offence, and

(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—

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

(b)it must give notice to the applicant that the application is refused so far as it relates to the performance of that procedure.

(7)But subsection (6) is subject to the requirements set out in paragraphs 15 and 16 of Schedule 3.

(8)For the purposes of this Part, each of the following is a relevant offence—

(a)an offence under this Part or under Part 5 (intimate piercing);

(b)an offence (whether under the law of England and Wales or elsewhere) that—

(i)involves violence,

(ii)is of a sexual nature, or relates to sexual material or images,

(iii)consists of tattooing a child under the age of 18,

(iv)relates to health and safety at work, or

(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).

(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.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area. The revised version is currently only available in English.

Original (As Enacted or Made) - English:The original English language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Original (As Enacted or Made) - Welsh:The original Welsh language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Welsh Government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes accompany all Acts of the National Assembly for Wales.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources