The Special Procedure Licences (Wales) Regulations 2024

PART 1 General

Title and coming into force

1.—(1) The title of these Regulations is the Special Procedure Licences (Wales) Regulations 2024.

(2) These Regulations come into force on 29 November 2024.

Interpretation

2.—(1) In these Regulations—

“the Act” (“y Ddeddf”) means the Public Health (Wales) Act 2017;

“the Special Procedures Approval Regulations” (“Rheoliadau Cymeradwyaeth o ran Triniaethau Arbennig”) means the Special Procedures Approved Premises and Vehicles (Wales) Regulations 2024(1);

“acupuncture” (“aciwbigo”) has the meaning given in section 94(1) of the Act;

“applicable mandatory licensing conditions” (“amodau trwyddedu mandadol cymwys”), in relation to a special procedure licence, has the meaning given in section 63(7) of the Act;

“application fee” (“ffi am gais”) means the fee set under paragraph 3(2)(b) of Schedule 3 to the Act by the local authority to accompany an application for a special procedure licence;

“application interview” (“cyfweliad ymgeisio”) has the meaning given in regulation 4(3);

“body piercing” (“tyllu’r corff”) has the meaning given in section 94(1) of the Act;

“electrolysis” (“electrolysis”) has the meaning given in section 94(1) of the Act;

“licence holder” (“deiliad trwydded”) has the meaning given in section 59(8)(b) of the Act;

“local authority” (“awdurdod lleol”) means the local authority as defined by section 124(1) of the Act;

“mandatory licensing conditions” (“amodau trwyddedu mandadol”) means the conditions set out in Schedules 3 to 7;

“premises” (“mangre”) has the meaning given in section 94(1) of the Act;

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

“special procedure licence” (“trwydded triniaeth arbennig”) means a licence issued by a local authority under Part 4 of the Act;

“tattooing” (“tatŵio”) has the meaning given in section 94(1) of the Act;

“temporary licence” (“trwydded dros dro”) has the meaning given in section 59(8)(c) of the Act;

“vehicle” (“cerbyd”) has the meaning given in section 94(1) of the Act.

(2) Except as otherwise provided, a requirement under these Regulations to give a notice (or to notify) is a requirement to give written notice.

(3) A document or notice required by virtue of these Regulations to be “written” includes an electronic communication, as defined in section 15(1) of the Electronic Communications Act 2000(2).

PART 2 Application for a special procedure licence

Application for a special procedure licence

3.—(1) An application for a special procedure licence must be in the form specified in Schedule 1.

(2) An application may be made either in paper form or by means of electronic submission.

(3) In the case of a temporary licence, an application must be made at least 28 working days prior to the intended start date of the temporary licence.

(4) An application is not to be treated as having been made until the application fee has been received in cleared funds by the local authority.

Licensing criteria for a special procedure licence to be granted

4.—(1) The licensing criteria that must be met by an individual (an “applicant”) for a special procedure licence in order for the application to be granted are set out in paragraphs (2) to (4).

(2) The applicant must—

(a) be 18 years of age or over,

(b) provide evidence of a criminal record check (no more than 3 months old from date of issue), and

(c) provide evidence that the applicant holds a regulated Level 2 Award.

(3) The applicant must undertake and pass an application interview with the local authority, which consists of questions asked by the local authority and answered by the applicant, to demonstrate the applicant’s knowledge of the following matters—

(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 Part 4 of the Act, on a licence holder,

(c) the mandatory licensing conditions, and

(d) the implications of non-compliance with the mandatory licensing conditions.

(4) The premises or vehicle identified in the application must have been inspected in accordance with the Special Procedures Approval Regulations.

(5) In this regulation—

“criminal record check” (“gwiriad cofnod troseddol”) means—

(a)

a criminal record certificate issued by the Disclosure and Barring Service(3) under section 113A of the Police Act 1997(4);

(b)

where appropriate, an overseas criminal record certificate which is equivalent to a criminal record certificate(5);

“regulated Level 2 Award” (“Dyfarniad Lefel 2 a reoleiddir”) means a Level 2 Award, regulated by Qualifications Wales(6), in Infection Prevention and Control for Special Procedures Practitioners.

Renewal of special procedure licence

5.  A local authority must not renew a special procedure licence unless the premises or vehicle identified in the application has been inspected in accordance with the Special Procedures Approval Regulations.

PART 3 Form and content of special procedure licence

Form and content of special procedure licence

6.—(1) A special procedure licence must be in two Parts, as set out in Schedule 2—

(a) photocard (“Part 1 of the Special Procedure Licence”), and

(b) A4 paper (“Part 2 of the Special Procedure Licence”).

(2) Part 1 of the Special Procedure Licence must be printed in colour.

(3) Part 2 of the Special Procedure Licence must be printed—

(a) in colour,

(b) on one sheet of A4 paper, and

(c) portrait orientation.

(4) The text included in square brackets in Part 1 and Part 2 of the Special Procedure Licence is intended as guidance.

(5) A copy of the applicable mandatory licensing conditions must be annexed to Part 2 of the Special Procedure Licence.

(6) In Schedule 2—

“approved premises and vehicles” (“mangreoedd a cherbydau a gymeradwywyd”) means premises or vehicles approved under section 70(1) of the Act, in respect of a special procedure, by the local authority;

“licence number” (“rhif y drwydded”) means the number given by the local authority to the special procedure licence which is unique to that licence and which is specified in it.

PART 4 Mandatory licensing conditions

Mandatory licensing conditions

7.—(1) This regulation makes provision about the mandatory licensing conditions that are to apply to special procedure licences, for the purposes of section 63 of the Act.

(2) A special procedure licence is subject to—

(a) the general conditions, and

(b) the applicable special procedure conditions.

(3) In paragraph (2)—

“the general conditions” (“yr amodau cyffredinol”) means the conditions set out in Schedule 3 to these Regulations;

“the applicable special procedure conditions” (“yr amodau triniaeth arbennig cymwys”) means, in relation to a licence authorising the performance of a special procedure listed in the first column of the table at paragraph (4), the conditions set out in the Schedule to these Regulations specified in the corresponding column.

Table

Special procedure	Schedule number to these Regulations
Acupuncture	4
Body piercing	5
Electrolysis	6
Tattooing	7

PART 5 Fees

Application fee

8.—(1) This regulation makes provision about the way in which a local authority determines the amount of the application fee for the purposes of paragraph 3(2)(b) of Schedule 3 to the Act.

(2) The costs to which a local authority must, in determining the amount of the application fee, have regard (in accordance with paragraph 3(3) of Schedule 3 to the Act) include, in particular, costs incurred by the local authority or expected to be incurred by the local authority in connection with applications and the following activities (but not limited to)—

(a) the receipt, recording and scrutiny of the application,

(b) undertaking an application interview,

(c) follow up actions associated with the application interview,

(d) approving or refusing the application, and

(e) specifying the officer grade and time associated with each of these functions.

(3) A local authority must review the level of the fee—

(a) at the end of the period of 1 year beginning with the day on which these Regulations come into force, and

(b) at subsequent intervals of no more than 1 year.

(4) The application fee may not be paid in instalments.

(5) If after the application fee is paid it becomes apparent that a lesser fee should have been paid, the excess must be refunded.

Compliance fee

9.—(1) This regulation makes provision about the way in which a local authority determines the amount of the compliance fee (if any) for the purposes of section 76(1) of the Act.

(2) The costs to which a local authority must, in determining the amount of the compliance fee, have regard (in accordance with section 76(4) of the Act) include, in particular, costs incurred by the local authority or expected to be incurred by the local authority in connection with the following activities (but not limited to)—

(a) maintaining records on the local authority database,

(b) maintaining the register established under section 75 of the Act,

(c) an authorised officer exercising the powers of entry etc. under section 84 of the Act and undertaking unannounced visits, which may in some cases result in the exercise of the powers of inspection etc. under section 88 of the Act,

(d) taking action against the licence holder and exercising the power to revoke a special procedure licence under section 68 of the Act, and

(e) specifying the officer grade and time associated with each of these functions.

(3) A local authority must review the level of the fee—

(a) at the end of the period of 1 year beginning with the day on which these Regulations come into force, and

(b) at subsequent intervals of no more than 1 year.

(4) The compliance fee may not be paid in instalments.

(5) If after the compliance fee is paid it becomes apparent that a lesser fee should have been paid, the excess must be refunded.

(6) Any compliance fee that is due to a local authority and remains unpaid may be recoverable by that local authority by way of a civil debt.

(7) In this regulation—

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

“compliance fee” (“ffi gydymffurfio”) means a fee that may be charged by the local authority under section 76(1) of the Act.

Jeremy Miles

Cabinet Secretary for Health and Social Care, one of the Welsh Ministers

27 November 2024