SCHEDULES
SCHEDULE 19Licensing of cosmetic procedures
1Introduction
This Schedule is about the provision that may be made by regulations under section 180.
Grant of licence
2
The regulations may—
a
require a local authority not to grant a licence unless satisfied as to a matter specified in the regulations;
b
require a local authority to have regard, in deciding whether to grant a licence, to a matter specified in the regulations.
3
The regulations may make provision requiring a local authority not to grant a premises licence unless the premises have been inspected in accordance with the regulations.
4Licence conditions
1
The regulations may make provision for the grant of a licence subject to conditions.
2
Provision of the kind mentioned in sub-paragraph (1) may—
a
enable a local authority to attach conditions to a licence;
b
require a local authority to attach to a licence a condition specified in the regulations.
5Duration of licence etc
1
The regulations may make provision about the duration, renewal, variation, suspension or revocation of licences.
2
The provision that may be made under sub-paragraph (1) includes provision conferring power on a court by which a person is convicted of an offence under the regulations to vary, suspend or revoke a licence.
6Reviews and appeals
The regulations may make provision for—
a
the review of decisions under the regulations;
b
appeals against decisions under the regulations.
7Offences
1
The regulations may create offences in relation to—
a
the breach of a prohibition imposed by virtue of section 180(1);
b
the breach of a condition attached to a licence;
c
the provision of false or misleading information to a local authority in connection with anything done under the regulations.
2
The regulations must provide for any such offence to be punishable on summary conviction with a fine or a fine not exceeding an amount specified, or determined in accordance with, the regulations.
8Financial penalties
1
The regulations may confer power on a local authority to impose a financial penalty in relation to—
a
the breach of a prohibition imposed by virtue of section 180(1);
b
the breach of a condition attached to a licence.
2
The amount of the financial penalty is to be specified in, or determined in accordance with, the regulations.
3
If the regulations confer power to impose a financial penalty in respect of conduct for which a criminal offence is created under the regulations, they must provide that a person is not liable to such a penalty in respect of conduct for which the person has been convicted of the offence.
4
If the regulations confer power to impose a financial penalty they must include provision—
a
requiring the local authority, before imposing a financial penalty on a person, to give the person written notice (a “notice of intent”) of the proposed financial penalty;
b
ensuring that the person is given an opportunity to make representations about the proposed financial penalty;
c
requiring the local authority, after the period for making representations, to decide whether to impose the financial penalty;
d
requiring the local authority, if it decides to impose the financial penalty, to give the person notice in writing (a “final notice”) imposing the penalty;
e
enabling a person on whom a financial penalty is imposed to appeal to a court or tribunal in accordance with the regulations;
f
as to the powers of the court or tribunal on such an appeal.
5
The provision that may be made by the regulations by virtue of sub-paragraph (1) includes provision—
a
enabling a notice of intent or final notice to be withdrawn or amended;
b
requiring the local authority to withdraw a final notice in circumstances specified in the regulations;
c
for a financial penalty to be increased by an amount specified in or determined in accordance with the regulations in the event of late payment;
d
as to how financial penalties are recoverable.
9Enforcement
The regulations may confer on a local authority the function of enforcing the regulations in its area.
10Fees
The regulations may include provision for fees in relation to the carrying out of functions of a local authority under or in connection with the regulations (including the cost of its enforcement functions under the regulations).
11Guidance
The regulations may require a local authority, in carrying out functions under the regulations, to have regard to guidance published by the Secretary of State.
12Interpretation
1
2
Nothing in this Schedule is to be read as limiting the scope of the power to make regulations under section 180.