Chwilio Deddfwriaeth

Public Health (Wales) Act 2017

Newidiadau dros amser i: PART 9

 Help about opening options

Newidiadau i ddeddfwriaeth:

Public Health (Wales) Act 2017, PART 9 yn gyfredol gyda’r holl newidiadau y gwyddys eu bod mewn grym ar neu cyn 22 Medi 2019. Mae newidiadau a all gael eu dwyn i rym yn y dyfodol. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to Part 9:

  • specified provision(s) amendment to earlier commencing S.I. 2017/949, art. 3 by S.I. 2017/967 art. 2

PART 9 E+WMISCELLANEOUS AND GENERAL

Food hygiene rating offences: fixed penalty receiptsE+W

119Fixed penalty receipts for food hygiene rating offencesE+W

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.

Commencement Information

I1S. 119 in force at 4.10.2017 by S.I. 2017/949, art. 2(c)

GeneralE+W

120Offences by bodies corporate etc.E+W

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

(a)a body corporate;

(b)a partnership;

(c)an unincorporated association other than a partnership.

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

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

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

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

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

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

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

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

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

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

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

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

121Offences committed by partnerships and other unincorporated associationsE+W

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

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

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

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

122Giving noticesE+W

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

(2)The notice must be in writing.

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

(a)by delivering it to P;

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

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

(4)The conditions are—

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

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

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

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

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

(c)if P is a local authority, the principal office of the local authority;

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

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

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

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

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

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

123RegulationsE+W

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

(a)is exercisable by statutory instrument;

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

(c)includes power to make supplementary, incidental, consequential, transitional, transitory or saving provision.

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

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

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

(c)regulations made under section 108 or 110(2);

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

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

124InterpretationE+W

(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.

125Power to make consequential and transitional etc. provisionE+W

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

(a)any supplementary, incidental or consequential provision;

(b)any transitional, transitory or saving provision.

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

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

(a)an Act of Parliament;

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

126Coming into forceE+W

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

(a)section 1;

(b)sections 120 to 125;

(c)this section;

(d)section 127.

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

(3)An order under subsection (2) may—

(a)appoint different days for different purposes;

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

127Short titleE+W

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

Yn ôl i’r brig

Options/Help

Print Options

Close

Mae deddfwriaeth ar gael mewn fersiynau gwahanol:

Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’. Dim ond yn Saesneg y mae’r fersiwn ddiwygiedig ar gael ar hyn o bryd.

Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed) - Saesneg: Mae'r wreiddiol Saesneg fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.

Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed)-Cymraeg:Y fersiwn Gymraeg wreiddiol o’r ddeddfwriaeth fel yr oedd yn sefyll pan gafodd ei deddfu neu ei gwneud. Ni wnaed unrhyw newidiadau i’r testun.

Close

Gweler y wybodaeth ychwanegol ochr yn ochr â’r cynnwys

Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Dewisiadau Agor

Dewisiadau gwahanol i agor deddfwriaeth er mwyn gweld rhagor o gynnwys ar y sgrin ar yr un pryd

Close

Nodiadau Esboniadol

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

Rhagor o Adnoddau

Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:

  • y PDF print gwreiddiol y fel deddfwyd fersiwn a ddefnyddiwyd am y copi print
  • rhestr o newidiadau a wnaed gan a/neu yn effeithio ar yr eitem hon o ddeddfwriaeth
  • manylion rhoi grym a newid cyffredinol
  • pob fformat o’r holl ddogfennau cysylltiedig
  • slipiau cywiro
  • dolenni i ddeddfwriaeth gysylltiedig ac adnoddau gwybodaeth eraill
Close

Llinell Amser Newidiadau

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

Rhagor o Adnoddau

Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:

  • y PDF print gwreiddiol y fel deddfwyd fersiwn a ddefnyddiwyd am y copi print
  • slipiau cywiro

liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys

  • rhestr o newidiadau a wnaed gan a/neu yn effeithio ar yr eitem hon o ddeddfwriaeth
  • manylion rhoi grym a newid cyffredinol
  • pob fformat o’r holl ddogfennau cysylltiedig
  • dolenni i ddeddfwriaeth gysylltiedig ac adnoddau gwybodaeth eraill