Public Health (Wales) Act 2017

Public Health (Wales) Act 2017 is up to date with all changes known to be in force on or before 18 September 2024. There are changes that may be brought into force at a future date.

Changes to Legislation

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Changes and effects yet to be applied to :

  1. Introductory Text
  2. PART 1 OVERVIEW
    1. 1.Overview
    1. 2.National strategy on preventing and reducing obesity: publication and review
    2. 3.Implementation of national strategy
    1. CHAPTER 1 SMOKING
      1. Introduction
        1. 4.Smoking
        1. 5.Offence of smoking in smoke-free premises or vehicle
        2. 6.Offence of failing to prevent smoking in 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
        1. 15.Smoke-free vehicles
        1. 16.Smoke-free premises: exemptions
        1. 17.Signs: smoke-free premises
        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
        1. 28.Interpretation of this Chapter
        2. 29.Consequential amendments
        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.
          1. 38.Offences
          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
          1. 50.Interpretation of this Chapter
          1. 51.Restricted premises orders: tobacco or nicotine offence
          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
          1. Introduction
            1. 56.Overview of this Part
            1. 57.What is a special procedure?
            1. 58.Requirement for individual performing special procedure to be licensed
            2. 59.General provision about special procedure licences
            1. 60.Exempted individuals
            1. 61.Designation of individual for the purposes of section 58(3)
            1. 62.Licensing criteria
            2. 63.Mandatory licensing conditions
            3. 64.Consultation about licensing criteria and mandatory licensing conditions
            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
            1. 68.Revocation of special procedure licence
            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
            1. 75.Duty to maintain register of special procedure licences and approved premises and vehicles
            1. 76.Fees
            1. 77.Stop 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
            1. 81.Appeals
            1. 82.Offences
            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
            1. 93.Power to add or remove special procedures
            1. 94.Interpretation of this Part
            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?
              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
              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”
              1. 111.Pharmaceutical needs assessments
              2. 112.Pharmaceutical lists
              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
                1. 116.Local authority power to provide public toilets
                2. 117.Power to make byelaws in relation to toilets
                3. 118.Consequential amendments
                1. Food hygiene rating offences: fixed penalty receipts
                  1. 119.Fixed penalty receipts for food hygiene rating offences
                  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
                  1. SCHEDULE 1FIXED PENALTIES
                    1. Interpretation
                      1. 1.In this Schedule— “authorised officer” (“swyddog awdurdodedig”)— in relation to.
                      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.
                      1. 6.The penalty is such amount as is specified in regulations.
                      2. 7.The period for payment of the penalty is the period.
                      1. 8.(1) A discounted amount is payable, instead of the amount.
                      2. 9.The discounted amount is such amount as is specified in.
                      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.
                      1. 15.If the person to whom a penalty notice has been.
                      2. 16.Any request to be tried must be made—
                      1. 17.(1) This paragraph applies if an issuing authority considers that.
                      1. 18.(1) An enforcement authority which is a local authority may.
                      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.
                        1. 17.In section 91 of the Children and Families Act 2014.
                        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—
                          1. 5.(1) A special procedure licence must— (a) state the name.
                          1. 6.(1) If a special procedure licence is mislaid, stolen, or.
                          2. 7.A copy of a licence issued by an authority under.
                          1. 8.(1) A special procedure licence is to be treated for.
                          1. 9.(1) A local authority may, on an application by the.
                          2. 10.If an application to renew a licence is received before.
                          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.
                          1. 14.(1) Where a licence holder wishes a special procedure licence.
                          1. 15.(1) This paragraph applies if a local authority proposes—
                          1. 16.(1) This paragraph applies if, having complied with the requirements.
                          2. 17.If, having complied with the requirements of paragraph 15, a.
                          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.
                          1. 21.(1) The functions of a local authority under the following.
                          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).
                          1. Public Health Act 1936 (c.49)
                            1. 1.(1) Section 87 of the Public Health Act 1936 (provision.
                            1. 2.In section 114 of the Highways Act 1980 (provision of.
                            1. 3.(1) In the Local Government Byelaws (Wales) Act 2012, Schedule.

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