Public Health (Wales) Act 2017

1. Introductory Text

2. PART 1 OVERVIEW

   1. 1. Overview

3. PART 2 OBESITY

   1. 2. National strategy on preventing and reducing obesity: publication and review

   2. 3. Implementation of national strategy

4. PART 3 TOBACCO AND NICOTINE PRODUCTS

   1. CHAPTER 1 SMOKING

      1. Introduction

         1. 4. Smoking

      2. Offences

         1. 5. Offence of smoking in smoke-free premises or vehicle

         2. 6. Offence of failing to prevent smoking in smoke-free premises

      3. Smoke-free premises

         1. 7. Workplaces

         2. 8. Premises that are open to the public

         3. 9. Outdoor care settings for children

         4. 10. School grounds

         5. 11. Hospital grounds

         6. 12. Public playgrounds

         7. 13. Additional smoke-free premises

         8. 14. Further provision about additional smoke-free premises: dwellings

      4. Smoke-free vehicles

         1. 15. Smoke-free vehicles

      5. Smoke-free premises: exemptions

         1. 16. Smoke-free premises: exemptions

      6. Signs

         1. 17. Signs: smoke-free premises

      7. Enforcement

         1. 18. Enforcement authorities

         2. 19. Powers of entry

         3. 20. Warrant to enter dwelling

         4. 21. Warrant to enter other premises

         5. 22. Supplementary provision about powers of entry

         6. 23. Powers of inspection etc.

         7. 24. Obstruction etc. of officers

         8. 25. Retained property: appeals

         9. 26. Appropriated property: compensation

         10. 27. Fixed penalty notices

      8. General

         1. 28. Interpretation of this Chapter

         2. 29. Consequential amendments

   2. CHAPTER 2 RETAILERS OF TOBACCO AND NICOTINE PRODUCTS

      1. Register of retailers of tobacco and nicotine products

         1. 30. Duty to maintain register of retailers of tobacco and nicotine products

         2. 31. Application for entry in the register

         3. 32. Grant of application

         4. 33. Duty to give notice of certain changes

         5. 34. Duty to revise the register

         6. 35. Access to the register

         7. 36. Excepted premises

         8. 37. Moveable structures etc.

      2. Offences

         1. 38. Offences

      3. Enforcement

         1. 39. Authorised officers

         2. 40. Powers of entry

         3. 41. Warrant to enter dwelling

         4. 42. Warrant to enter other premises

         5. 43. Supplementary provision about powers of entry

         6. 44. Powers of inspection etc.

         7. 45. Obstruction etc. of officers

         8. 46. Power to make test purchases

         9. 47. Retained property: appeals

         10. 48. Appropriated property: compensation

         11. 49. Fixed penalty notices

      4. Interpretation

         1. 50. Interpretation of this Chapter

   3. CHAPTER 3 PROHIBITION ON SALE OF TOBACCO AND NICOTINE PRODUCTS

      1. 51. Restricted premises orders: tobacco or nicotine offence

   4. CHAPTER 4 HANDING OVER TOBACCO ETC. TO PERSONS UNDER 18

      1. 52. Offence of handing over tobacco etc. to persons under 18

      2. 53. Arrangements in connection with handing over tobacco etc.

      3. 54. Enforcement

      4. 55. Interpretation of this Chapter

5. PART 4 SPECIAL PROCEDURES

   1. Introduction

      1. 56. Overview of this Part

   2. Meaning of special procedure

      1. 57. What is a special procedure?

   3. Performance of special procedure: licensing requirement

      1. 58. Requirement for individual performing special procedure to be licensed

      2. 59. General provision about special procedure licences

   4. Exemption from requirement to be licensed

      1. 60. Exempted individuals

   5. Designation for purposes of licensing requirement

      1. 61. Designation of individual for the purposes of section 58(3)

   6. Licensing criteria and mandatory licensing conditions

      1. 62. Licensing criteria

      2. 63. Mandatory licensing conditions

      3. 64. Consultation about licensing criteria and mandatory licensing conditions

   7. Issuing a special procedure licence

      1. 65. Mandatory grant or refusal of application for special procedure licence

      2. 66. Discretion to grant application for special procedure licence

      3. 67. Grant or refusal of application for renewal

   8. Revoking a special procedure licence

      1. 68. Revocation of special procedure licence

   9. Approved premises and vehicles

      1. 69. Performance of special procedure in course of business: approval requirement

      2. 70. Approval of premises and vehicles in respect of performance of special procedure

      3. 71. Approval certificates

      4. 72. Voluntary termination of approval

      5. 73. Revocation of approval

      6. 74. Revocation of approval: notification requirements

   10. Register of special procedure licences and approved premises and vehicles

       1. 75. Duty to maintain register of special procedure licences and approved premises and vehicles

   11. Fees

       1. 76. Fees

   12. Stop notices

       1. 77. Stop notices

   13. Remedial action notices

       1. 78. Special procedure licences: licence holder remedial action notices

       2. 79. Approved premises and vehicles: premises remedial action notices

       3. 80. Completion certificate

   14. Appeals against stop notices and remedial action notices

       1. 81. Appeals

   15. Offences relating to licensing and approval system

       1. 82. Offences

   16. Enforcement

       1. 83. Authorised officers

       2. 84. Powers of entry etc.

       3. 85. Warrant to enter dwelling

       4. 86. Warrant to enter other premises

       5. 87. Supplementary provision about powers of entry

       6. 88. Powers of inspection etc.

       7. 89. Obstruction etc. of officers

       8. 90. Power to make test purchases

       9. 91. Retained property: appeals

       10. 92. Appropriated property: compensation

   17. Amendment of meaning of special procedure

       1. 93. Power to add or remove special procedures

   18. Interpretation

       1. 94. Interpretation of this Part

6. PART 5 INTIMATE PIERCING

   1. Offences related to intimate piercing

      1. 95. Offence of performing or making arrangements to perform an intimate piercing on a child

      2. 96. What is an intimate piercing?

   2. Enforcement

      1. 97. Enforcement action by local authorities

      2. 98. Authorised officers

      3. 99. Powers of entry

      4. 100. Warrant to enter dwelling

      5. 101. Warrant to enter other premises

      6. 102. Supplementary provision about powers of entry

      7. 103. Powers of inspection etc.

      8. 104. Obstruction etc. of constable or officer

      9. 105. Power to make test purchases

      10. 106. Retained property: appeals

      11. 107. Appropriated property: compensation

7. PART 6 HEALTH IMPACT ASSESSMENTS

   1. 108. Requirement to carry out health impact assessments

   2. 109. Health impact assessments: publication and taking into account

   3. 110. Meaning of “public body”

8. PART 7 PHARMACEUTICAL SERVICES

   1. 111. Pharmaceutical needs assessments

   2. 112. Pharmaceutical lists

9. PART 8 PROVISION OF TOILETS

   1. Local toilets strategies

      1. 113. Local toilets strategies: preparation and review

      2. 114. Local toilets strategies: interim progress statement

      3. 115. Local toilets strategies: consultation

   2. Local authority power to provide public toilets

      1. 116. Local authority power to provide public toilets

      2. 117. Power to make byelaws in relation to toilets

      3. 118. Consequential amendments

10. PART 9 MISCELLANEOUS AND GENERAL

    1. Food hygiene rating offences: fixed penalty receipts

       1. 119. Fixed penalty receipts for food hygiene rating offences

    2. General

       1. 120. Offences by bodies corporate etc.

       2. 121. Offences committed by partnerships and other unincorporated associations

       3. 122. Giving notices

       4. 123. Regulations

       5. 124. Interpretation

       6. 125. Power to make consequential and transitional etc. provision

       7. 126. Coming into force

       8. 127. Short title

11. 1. SCHEDULE 1

       FIXED PENALTIES

       1. Interpretation

          1. 1. In this Schedule— “authorised officer” (“swyddog awdurdodedig”)— in relation to...

       2. Contents of fixed penalty notice

          1. 2. A fixed penalty notice must— (a) state the alleged offence,...

          2. 3. A fixed penalty notice must also state—

          3. 4. A fixed penalty notice must also— (a) inform the person...

          4. 5. Regulations may make further provision as to the content and...

       3. Amount of penalty and period for payment

          1. 6. The penalty is such amount as is specified in regulations....

          2. 7. The period for payment of the penalty is the period...

       4. Discounted amount and period for payment

          1. 8. (1) A discounted amount is payable, instead of the amount...

          2. 9. The discounted amount is such amount as is specified in...

       5. Effect of notice and payment

          1. 10. (1) Proceedings for the offence in respect of which a...

          2. 11. If the penalty is paid in accordance with the penalty...

          3. 12. If the discounted amount is paid in accordance with the...

          4. 13. If proceedings have been brought pursuant to a request under...

          5. 14. In any proceedings, a certificate documenting payment of a penalty...

       6. Trial

          1. 15. If the person to whom a penalty notice has been...

          2. 16. Any request to be tried must be made—

       7. Withdrawal of notices

          1. 17. (1) This paragraph applies if an issuing authority considers that...

       8. Fixed penalty receipts

          1. 18. (1) An enforcement authority which is a local authority may...

    2. SCHEDULE 2

       SMOKING: CONSEQUENTIAL AMENDMENTS

       1. Health Act 2006 (c.28)

          1. 1. The Health Act 2006 is amended as follows.

          2. 2. In the heading to Chapter 1 of Part 1 after...

          3. 3. In section 1 (introduction), in subsection (1) after “vehicles” insert...

          4. 4. In section 2 (smoke-free premises)— (a) in subsection (1) after...

          5. 5. In section 3 (smoke-free premises (exemptions)), in subsection (1)—

          6. 6. In section 4 (additional smoke-free places)— (a) in subsection (1)—...

          7. 7. In section 5 (vehicles), in subsection (1)—

          8. 8. In section 6 (no-smoking signs), in subsections (2), (3) and...

          9. 9. In section 8 (offence of failing to prevent smoking in...

          10. 10. In section 9 (fixed penalties), in subsection (1A) for “appropriate...

          11. 11. In section 10 (enforcement)— (a) in subsection (1) for “appropriate...

          12. 12. In section 11 (obstruction etc of officers), in subsection (5)...

          13. 13. In section 12 (interpretation and territorial sea)—

          14. 14. In section 82 (interpretation), in subsection (1) omit the definition...

          15. 15. In Schedule 1 (fixed penalties), in paragraphs 4 and 17...

          16. 16. In Schedule 2 (powers of entry, etc), in paragraph 10...

       2. Children and Families Act 2014 (c.6)

          1. 17. In section 91 of the Children and Families Act 2014...

    3. SCHEDULE 3

       FURTHER PROVISION IN CONNECTION WITH SPECIAL PROCEDURE LICENCES

       1. Application for special procedure licence

          1. 1. An application for the issue of a special procedure licence...

          2. 2. An application for a licence authorising the performance of a...

          3. 3. (1) An application— (a) must specify the procedure to which...

          4. 4. (1) An application must include the following information—

       2. Contents of special procedure licence

          1. 5. (1) A special procedure licence must— (a) state the name...

       3. Copy of licence

          1. 6. (1) If a special procedure licence is mislaid, stolen, or...

          2. 7. A copy of a licence issued by an authority under...

       4. Expiry of licence

          1. 8. (1) A special procedure licence is to be treated for...

       5. Renewal of licence

          1. 9. (1) A local authority may, on an application by the...

          2. 10. If an application to renew a licence is received before...

       6. Variation of licence

          1. 11. (1) A local authority may, on an application to this...

          2. 12. (1) An application to vary a special procedure licence—

          3. 13. (1) An application to vary a special procedure licence by...

       7. Voluntary termination of licence

          1. 14. (1) Where a licence holder wishes a special procedure licence...

       8. Right to make representations

          1. 15. (1) This paragraph applies if a local authority proposes—

       9. Notice of decision

          1. 16. (1) This paragraph applies if, having complied with the requirements...

          2. 17. If, having complied with the requirements of paragraph 15, a...

       10. Appeals

           1. 18. (1) An applicant may appeal to a magistrates' court against—...

           2. 19. (1) An appeal by either party against the decision of...

           3. 20. (1) Where on an appeal under paragraph 18 or 19...

       11. Delegation of functions

           1. 21. (1) The functions of a local authority under the following...

       12. Consequential amendments

           1. 22. (1) The Local Government (Miscellaneous Provisions) Act 1982 (c.30) is...

           2. 23. In the Local Government Byelaws (Wales) Act 2012 (anaw 2),...

    4. SCHEDULE 4

       PROVISION OF TOILETS: CONSEQUENTIAL AMENDMENTS

       1. Public Health Act 1936 (c.49)

          1. 1. (1) Section 87 of the Public Health Act 1936 (provision...

       2. Highways Act 1980 (c.66)

          1. 2. In section 114 of the Highways Act 1980 (provision of...

       3. Local Government Byelaws (Wales) Act 2012 (anaw 2)

          1. 3. (1) In the Local Government Byelaws (Wales) Act 2012, Schedule...