Title and coming into force

1.—(1) The title of these Regulations is the Special Procedures Licensing Committees (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;

“ applicant” (“ ceisydd”) means a person who makes an application;

“ application” (“ cais”) means an application made pursuant to Schedule 3 to the Act for the issue, renewal or variation of a special procedure licence;

“ approval certificate” (“ tystysgrif gymeradwyo”) has the meaning given in section 70(1) of the Act;

“ designation” (“ dynodiad”) means where a local authority has given notice to an individual under section 61(1) of the Act;

“ hearing” (“ gwrandawiad”) means the hearing referred to in column 1 of the table in the Schedule as the case may be;

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

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

“ notice of decision” (“ hysbysiad o benderfyniad”) means a notice given in accordance with paragraph 16 or 17 of Schedule 3 to the Act;

“ notice of hearing” (“ hysbysiad o wrandawiad”) means the notice given to a party in accordance with regulation 5;

“ party” (“ parti”) means—

“ relevant committee” (“ pwyllgor perthnasol”) means a licensing committee to which functions are delegated by virtue of paragraph 21(1) of Schedule 3 to the Act or a licensing sub-committee empowered to discharge such functions by arrangement under paragraph 21(2)(b) of Schedule 3 to the Act;

“ representations” (“ sylwadau”) means representations made in accordance with paragraph 15 of Schedule 3 to the Act in response to a warning notice issued by a local authority;

“ revocation” (“ dirymu”) is to be interpreted in accordance with section 68 or section 73 of the Act;

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

“ special procedure licence” (“ trwydded triniaeth arbennig”) has the meaning given in section 59 of the Act;

“ warning notice” (“ hysbysiad rhybuddio”) means a notice issued in accordance with paragraph 15(3) of Schedule 3 to the Act.

(2) In these Regulations, a reference to a section, or a paragraph of a Schedule, is a reference to a section of, or the paragraph of the Schedule to, the Act.

(3) In these Regulations, a reference to a hearing of a relevant committee held through remote means is to a hearing held by means of any equipment or other facility which enables persons who are not in the same place to speak and be heard by each other (whether or not the equipment or facility enables those persons to see or be seen by each other).

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

(5) 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).

Scope

3.  These Regulations apply to a relevant committee in relation to the exercise of its functions under Part 4 of the Act.

Period of time within which a hearing is to be held

4.—(1) Where a hearing is required to be held in relation to a procedure listed in column 1 of the table in the Schedule, the relevant committee must arrange for the hearing to be held as soon as reasonably practicable after the expiry of any period for representations.

(2) Where a hearing is to be held on more than 1 day, the relevant committee must arrange for the hearing to take place on consecutive working days.

Notice of hearing

5.—(1) A relevant committee must give notice of any hearing which is required to be held in relation to a procedure listed in column 1 of the table in the Schedule, to those listed in the corresponding entry in column 2 of that table.

(2) A relevant committee must ensure that the notice referred to in paragraph (1)—

(a) gives details of the date and time of the hearing and how to access it, where the hearing is held through remote means only,

(b) gives details of the date, time and place of the hearing and how to access it, where the hearing is held partly through remote means or is not held through remote means,

(c) states that the relevant committee will make available the documents listed in the corresponding entry in column 3 of the table in the Schedule (subject to regulation 6(3)), and

(d) is sent so that it is received no later than 10 working days before the first day on which the hearing is to be held (as specified in the notice).

Information to accompany a notice of hearing

6.—(1) The notice of hearing must be accompanied by information in writing explaining the following—

(a) the consequences provided for under regulation 12 where a party—

(i) informs the relevant committee that they do not wish to attend or be represented at the hearing, or

(ii) fails to inform the relevant committee whether the party wishes to attend or be represented at the hearing,

(b) the time limit and method by which a party must inform the relevant committee that the party wishes to attend or address the hearing,

(c) the time limit and method by which a party must inform the relevant committee that the party wishes to be assisted or represented by another person,

(d) the time limit and method by which a party must inform the relevant committee that the party wishes to request permission to call a witness to give evidence at the hearing, and of the matters in relation to which the party wishes the witness to give evidence,

(e) the way in which a party must inform the relevant committee if they wish to withdraw any representations in accordance with regulation 9,

(f) the consequences provided for under regulation 12 where a party has indicated that they wish to attend or be represented at the hearing, but fails to attend or be represented at the hearing,

(g) the matters on which the relevant committee will require clarification at the hearing from a party (which does not prohibit the relevant committee requiring further clarification on other matters that arise during the course of the hearing),

(h) the time limit and method by which a party must inform the relevant committee that they consider a hearing is unnecessary and they consent to the application, proposed designation or proposed revocation being determined without a hearing, and

(i) the procedure to be followed at the hearing.

(2) Subject to paragraphs (3) and (4), in relation to hearings under the provisions listed in column 1 of the table in the Schedule, the notice of hearing given to those listed in column 2 of the table must be accompanied by the documents listed in column 3 of the table.

(3) The relevant committee may determine that any representations made are vexatious, frivolous or will not influence its decision.

(4) Where the relevant committee makes a determination in accordance with paragraph (3), it must notify the party who made those representations of the reasons for its determination at the time of issuing the notice of hearing.

Action following receipt of notice of hearing

7.—(1) A party must give to the relevant committee a notice no later than 5 working days before the day or the first day on which the hearing is to be held stating whether—

(a) they intend to attend or be represented at the hearing;

(b) they consider a hearing to be unnecessary as they consent to a hearing not being held.

(2) Where a party wishes any other person (other than the person they intend to represent them at the hearing) to appear at the hearing, the notice referred to in paragraph (1) must contain—

(a) a request for permission for such other person to appear at the hearing,

(b) details of the name of that person, and

(c) a brief description of the point or points on which that person may be able to assist the relevant committee.

Power to postpone or adjourn

8.—(1) A relevant committee may at any time—

(a) postpone a hearing to a specified date, or

(b) adjourn a hearing to be held on a date specified by the relevant committee.

(2) A relevant committee may take the actions specified in paragraph (1) if it considers it necessary—

(a) to enable it to consider any information or documents provided by any party in response to the notice of hearing, or at the hearing, or

(b) having regard to the ability of any party, person representing a party or witness to attend the hearing.

(3) Where a relevant committee has postponed a hearing to a specified date, it must, as soon as reasonably practicable, notify the parties of—

(a) the new date and time for the hearing and how to access it, where the hearing is held through remote means only, or

(b) the new date, time and place for the hearing and how to access it, where the hearing is held partly through remote means or is not held through remote means.

(4) Where a relevant committee has adjourned the hearing to be held on a specified additional date, it must, as soon as reasonably practicable, notify the parties of—

(a) the additional date and time for the hearing and how to access it, where the hearing is held through remote means only, or

(b) the additional date, time and place for the hearing and how to access it, where the hearing is held partly through remote means or is not held through remote means.

Withdrawal of representations

9.  A party who wishes to withdraw any representations they have made may do so—

(a) by giving notice to the relevant committee no later than 24 hours before the day or the first day on which the hearing is to be held, or

(b) orally at the hearing.

Hearing to be public

10.—(1) Subject to paragraph (2), the hearing must take place in public.

(2) The relevant committee may exclude the public from all or part of the hearing if it is satisfied that it is necessary in all the circumstances of the case, having regard to—

(a) any unfairness to a party that is likely to result from a hearing in public, and

(b) the need to protect, as far as possible, the commercial or other legitimate interests of a party.

(3) For the purposes of paragraph (2), a party and any person assisting or representing a party may be treated as a member of the public.

Procedure at hearing

11.—(1) Subject to regulation 10 and paragraph (9), a relevant committee must permit a party to attend a hearing and be assisted or represented by any person whether or not that person is legally qualified.

(2) At the beginning of the hearing, the relevant committee must—

(a) explain to the parties the procedure which it proposes to follow at the hearing, and

(b) consider any request made by a party under regulation 7(2) for permission for another person to appear at the hearing, and such permission must not be unreasonably withheld.

(3) In conducting a hearing, the relevant committee must ensure that each party is given the opportunity to—

(a) address the relevant committee on any matter that is relevant to the warning notice or to any representations made on the warning notice;

(b) call witnesses to give evidence on any matter that is relevant to the warning notice or any representations made on the warning notice;

(c) provide further information on any matter on which the relevant committee required clarification under regulation 6(1)(g);

(d) provide information on any other matters that may arise during the course of the hearing.

(4) In conducting a hearing, the relevant committee must also—

(a) permit any party to question any other party or person representing a party on any matter that is relevant to the warning notice, or any representations made on the warning notice, where the relevant committee considers that in all the circumstances it is appropriate to do so, and

(b) take into consideration documentary or other information provided in support of the warning notice or representations made by a party—

(i) before the hearing, or

(ii) at the hearing,

with the consent of all the other parties attending the hearing.

(5) If a party does not provide its consent in respect of paragraph (4)(b), the relevant committee must determine whether said documentary or other information is to be taken into consideration.

(6) Without prejudice to paragraphs (3) and (4), a hearing must be conducted so that it takes the form of a discussion led by the relevant committee.

(7) The relevant committee must not permit any cross-examination unless it considers that cross-examination is required for it to properly consider the warning notice or representations made by any party.

(8) The relevant committee must allow the parties an equal maximum period of time in which to exercise their rights provided for in paragraphs (3) and (4)(a).

(9) The relevant committee may require any person attending the hearing who, in their opinion, is behaving in a disruptive manner to leave the hearing, and may—

(a) refuse to permit that person to return, or

(b) permit them to return only on such conditions as the relevant committee may specify.

(10) The relevant committee may allow a person who is attending the hearing and in their opinion is behaving in a disruptive manner, or in breach of conditions specified under paragraph (9)(b), to remain at the hearing only on such conditions as the relevant committee may specify.

(11) Where a person is required to leave the hearing in accordance with paragraph (9), the relevant committee must—

(a) permit them to submit in writing to the relevant committee, before the end of the hearing, any information which they would have been entitled to give orally had they not been required to leave, and

(b) take into account that information in reaching its determination.

Failure of parties to attend the hearing

12.—(1) A relevant committee may proceed with a hearing in the absence of a party or a party’s representative if the party has—

(a) informed the relevant committee that they do not intend to attend or be represented at the hearing (and has not subsequently advised the relevant committee otherwise),

(b) failed to inform the relevant committee whether they intend to attend or be represented at the hearing, or

(c) left the hearing in circumstances enabling the relevant committee to reasonably conclude that the party does not intend to participate further.

(2) If a party has indicated that they intend to attend or be represented at the hearing, but fails to attend or be represented, the relevant committee may—

(a) adjourn the hearing to a specified date if it considers it to be in the public interest, or

(b) proceed with the hearing in the party’s absence.

(3) Where the relevant committee adjourns the hearing to a specified date it must, as soon as reasonably practicable, notify the parties of—

(a) the date and time to which the hearing has been adjourned and how to access it, where the hearing is held through remote means only, or

(b) the date, time and place to which the hearing has been adjourned and how to access it, where the hearing is held partly through remote means or is not held through remote means.

(4) Where the hearing proceeds in the absence of a party, the relevant committee must consider at the hearing the warning notice or representations made by that party.

Procedure where a hearing is not to take place

13.  Where the parties have notified the relevant committee under regulation 6(1)(h) that they consent to the matter being determined without a hearing, the relevant committee must, as soon as reasonably practicable—

(a) notify all the parties that the hearing has been dispensed with, and

(b) make a determination and issue a notice of decision.

Notice of decision

14.  The relevant committee must make its determination and issue a notice of decision before the end of 5 working days starting with the day after the last day of the hearing.

Record of hearing

15.—(1) The relevant committee must ensure that a record of the hearing is taken in a permanent and intelligible form.

(2) The relevant committee must ensure that any such record is kept for 6 years, after the day on which the relevant committee made its determination or, where an appeal is brought against the determination of the relevant committee, the date of the disposal of the appeal.

Irregularities

16.—(1) Subject to paragraph (2), a relevant committee may disregard any irregularity resulting from a failure to comply with a provision of these Regulations, or with a procedure otherwise decided by the relevant committee, where that irregularity comes to its attention prior to it making a determination.

(2) If the relevant committee considers that any person may have been prejudiced by any such irregularity, it must take such steps that it considers necessary to remedy the consequences of the irregularity, before reaching its determination.

Clerical mistakes

17.  A relevant committee may correct clerical mistakes in any document recording a decision of the relevant committee, or errors arising in such a document from an accidental slip or omission.

Regulations 4(1), 5(1) and(2)(c) and 6(2)

SCHEDULE

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations come into force on 29 November 2024 and make provision about the procedures applicable to local authority licensing committees and sub-committees (“relevant committees”) where they are required to hold a hearing in respect of special procedure licensing under Part 4 of the Public Health (Wales) Act 2017 (“ the Act”).

Under Part 4 of the Act, individuals may make an application to a local authority for a special procedure licence and may also apply to vary or renew their special procedure licence. Section 61(1) of the Act enables a local authority to designate an individual as a person requiring a special procedure licence if they intend to perform a specified special procedure. Section 68 of the Act allows a local authority to revoke a special procedure licence in specified circumstances. Section 73 of the Act allows a local authority to revoke an approval certificate in specified circumstances.

Under Part 4 of the Act, a local authority is under a duty to issue a warning notice where it intends to:

• refuse an application for a special procedure licence;

• refuse an application to vary a special procedure licence (in respect of adding a special procedure to the special procedure licence authorising the performance of that procedure);

• refuse an application to renew a special procedure licence;

• designate an individual as a person requiring a special procedure licence;

• revoke a special procedure licence;

• revoke an approval certificate.

A local authority is required to consider representations made after it has issued a warning notice in relation to those applications, proposed designations and proposed revocations.

Paragraph 21(1) of Schedule 3 to the Act delegates specified functions of a local authority to the licensing committee of the authority established under section 6 of the Licensing Act 2003 (“ the 2003 Act”), which includes considering such representations.

Paragraph 21(2) of Schedule 3 to the Act applies sections 7(9) (referral back to authority) and section 10 (sub-delegation) of the 2003 Act in relation to the functions delegated to a licensing committee by paragraph 21(1) of Schedule 3 to the Act. By virtue of section 7(9) of the 2003 Act, if a licensing committee is unable to discharge any function delegated to it because of the number of its members who are unable to take part in the consideration or discussion of any matter, the licensing committee must refer the matter back to the local authority to discharge that function. By virtue of section 10(1) of the 2003 Act, a licensing committee may delegate its functions in relation to special procedures to a sub-committee. Subject to these Regulations, the relevant committees may regulate their own procedure.

Regulation 4 requires relevant committees to hold hearings as soon as reasonably practicable after the deadline for making representations. Hearings may be held by remote means.

Regulation 5 requires relevant committees to give notice of any hearing to relevant persons listed in the Schedule, and for the notice to contain specified information.

Regulation 6 sets out further information and documents that must accompany the notice provided in accordance with regulation 5. Regulation 7 sets out the action required by a party following receipt of a notice of hearing.

Regulation 8 allows a relevant committee to postpone or adjourn hearings either where it needs to consider information or documents, or if a party, witness or person representing a party is unable to attend.

Regulation 9 allows a party to withdraw representations should they wish to do so.

Regulation 10 requires hearings to be held in public but allows relevant committees to hold them in private if they consider it necessary.

Regulation 11 sets out the procedure a relevant committee is required to follow when conducting the hearing, and the circumstances in which it may allow parties to attend, question and cross-examine persons at the hearing.

Regulation 11(9) and (10) allows relevant committees to exclude persons who are disrupting the hearing or set conditions on their attendance; if a person is excluded, the relevant committee must allow them to make written submissions which it is obliged to take into account in coming to its decision.

Regulation 12 makes provision for cases where a party does not attend the hearing, and allows relevant committees to adjourn the hearing or proceed in a party’s absence.

Regulation 13 sets out the applicable procedure where a hearing is not to take place, for example when the parties have notified the relevant committee that they consent to the matter being determined without a hearing.

Under regulation 14 relevant committees are required to make their determination and issue a notice of decision within 5 working days after the last day of the hearing.

Regulation 15 requires relevant committees to ensure that a record of the hearing is taken and kept for 6 years after the hearing or the date of disposal of any appeal.

Regulations 16 and 17 provide for when relevant committees may disregard, or must remedy, the consequences of any irregularities that result from a failure to comply with a procedural requirement, and to correct accidental slips or omissions in any record of their decision.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with these Regulations. A copy can be obtained from Welsh Government, Cathays Park, Cardiff, CF10 3NQ and is published on www.gov.wales.