Public Health (Wales) Act 2017

Valid from 13/09/2024

62 Licensing criteria E+W

(1) Regulations must set out criteria that must be met on an application by an individual (an “applicant”) for a special procedure licence in order for the application to be granted (“licensing criteria”).

(2) The licensing criteria specified in the regulations must be such as to require the applicant to demonstrate knowledge of—

(a) infection control and first aid, in the context of the special procedure to which the application relates;

(b) duties imposed, under or by virtue of this Part, on a person authorised by a special procedure licence to perform the special procedure to which the application relates.

(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);

(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);

(c) equipment to be used in, or in connection with, the performance of a special procedure.

(4) Regulations may require a local authority not to issue or renew a licence unless premises or a vehicle identified in the application have been inspected in accordance with the regulations for the purpose of determining compliance with licensing criteria.

(5) Regulations under this section may make different provision for different purposes, including (among other things) in respect of—

(a) different descriptions of premises and vehicles;

(b) different descriptions of special procedure;

(c) different circumstances in which a special procedure is performed (including by reference to, among other things, the frequency or regularity with which a special procedure is performed, the duration of any period during which a special procedure is performed, and whether a special procedure is performed on a peripatetic basis, on a fixed site basis, on a mobile basis, on a temporary basis, or otherwise).