PART 4SPECIAL PROCEDURES
Designation for purposes of licensing requirement
61Designation of individual for the purposes of section 58(3)
1
If the condition in subsection (2) is met, a local authority may give notice under this subsection to an individual (“P”), designating P for the purposes of section 58(3) in respect of a special procedure specified in the notice.
2
The condition is that the authority is satisfied that—
a
P is likely to perform the procedure on someone else in Wales,
b
the procedure as likely to be so performed by P presents or could present significant risk of harm to human health, and
c
in order to remove or reduce that risk, it is appropriate to subject P to the requirement in section 58(3).
3
Notice under subsection (1) must—
a
explain why the authority has decided to designate P,
b
specify the date beginning with which the designation is to take effect, and
c
prohibit P from performing the special procedure in question, as from the beginning of that date, otherwise than under the authority of a special procedure licence.
4
The notice must also state—
a
that P may appeal under paragraph 18 of Schedule 3 against the decision, and
b
the period within which an appeal may be brought.
5
The date specified under subsection (3)(b) may be the date of the notice, or a subsequent date.
6
References in this Part to a special procedure in respect of which an individual is designated are to the procedure specified in the notice under this section designating the individual.
7
A local authority may withdraw a designation under subsection (1).
8
If a local authority withdraws the designation of an individual under subsection (1), it must give the individual notice of this, specifying—
a
the reasons for the withdrawal;
b
the date with the expiry of which the withdrawal is to take effect.
9
If a designation of an individual under subsection (1) in respect of a special procedure is withdrawn, the prohibition imposed under subsection (3)(c) in respect of that procedure ceases to have effect with the expiry of the date specified under subsection (8)(b).