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Home » The Special Procedures Licensing Committees (Wales) Regulations 2024

The Special Procedures Licensing Committees (Wales) Regulations 2024

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:

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. 

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