Public Health (Wales) Act 2017
2017 anaw 2 · Enacted 3 July 2017 · Extends to England and Wales
An Act of the National Assembly for Wales to make provision for a national strategy on tackling obesity; about smoking; for a register of retailers of tobacco and nicotine products; about the handing over of tobacco and nicotine products to persons aged under 18; about the performance of certain procedures for aesthetic or therapeutic purposes; about intimate piercing of children; about health impact assessments; about assessing the local need for pharmaceutical services; about pharmaceutical lists; about assessing the local need for public toilets; about fixed penalty receipts for food hygiene rating offences; and for connected purposes.
[3 July 2017]
Having been passed by the National Assembly for Wales and having received the assent of Her Majesty, it is enacted as follows:
Contents
- Part 1: OVERVIEW
- 1Overview
- Part 2: OBESITY
- 2National strategy on preventing and reducing obesity: publication and review
- 3Implementation of national strategy
- Part 3: TOBACCO AND NICOTINE PRODUCTS
- Chapter 1: SMOKING
- Introduction
- 4Smoking
- Offences
- 5Offence of smoking in smoke-free premises or vehicle
- 6Offence of failing to prevent smoking in smoke-free premises
- Smoke-free premises
- 7Workplaces
- 8Premises that are open to the public
- 9Outdoor care settings for children
- 10School grounds
- 11Hospital grounds
- 12Public playgrounds
- 13Additional smoke-free premises
- 14Further provision about additional smoke-free premises: dwellings
- Smoke-free vehicles
- 15Smoke-free vehicles
- Smoke-free premises: exemptions
- 16Smoke-free premises: exemptions
- Signs
- 17Signs: smoke-free premises
- Enforcement
- 18Enforcement authorities
- 19Powers of entry
- 20Warrant to enter dwelling
- 21Warrant to enter other premises
- 22Supplementary provision about powers of entry
- 23Powers of inspection etc.
- 24Obstruction etc. of officers
- 25Retained property: appeals
- 26Appropriated property: compensation
- 27Fixed penalty notices
- General
- 28Interpretation of this Chapter
- 29Consequential amendments
- Chapter 2: RETAILERS OF TOBACCO AND NICOTINE PRODUCTS Not yet in force
- Register of retailers of tobacco and nicotine products Not yet in force
- 30Duty to maintain register of retailers of tobacco and nicotine products Not yet in force
- 31Application for entry in the register Not yet in force
- 32Grant of application Not yet in force
- 33Duty to give notice of certain changes Not yet in force
- 34Duty to revise the register Not yet in force
- 35Access to the register Not yet in force
- 36Excepted premises Not yet in force
- 37Moveable structures etc. Not yet in force
- Offences Not yet in force
- 38Offences Not yet in force
- Enforcement Not yet in force
- 39Authorised officers Not yet in force
- 40Powers of entry Not yet in force
- 41Warrant to enter dwelling Not yet in force
- 42Warrant to enter other premises Not yet in force
- 43Supplementary provision about powers of entry Not yet in force
- 44Powers of inspection etc. Not yet in force
- 45Obstruction etc. of officers Not yet in force
- 46Power to make test purchases Not yet in force
- 47Retained property: appeals Not yet in force
- 48Appropriated property: compensation Not yet in force
- 49Fixed penalty notices Not yet in force
- Interpretation Not yet in force
- 50Interpretation of this Chapter Not yet in force
- Chapter 3: PROHIBITION ON SALE OF TOBACCO AND NICOTINE PRODUCTS Not yet in force
- 51Restricted premises orders: tobacco or nicotine offence Not yet in force
- Chapter 4: HANDING OVER TOBACCO ETC. TO PERSONS UNDER 18
- 52Offence of handing over tobacco etc. to persons under 18 Not yet in force
- 53Arrangements in connection with handing over tobacco etc. Not yet in force
- 54Enforcement Not yet in force
- 54APower to extend this Chapter to other products
- 55Interpretation of this Chapter Not yet in force
- Part 4: SPECIAL PROCEDURES
- Introduction
- 56Overview of this Part
- Meaning of special procedure
- 57What is a special procedure?
- Performance of special procedure: licensing requirement
- 58Requirement for individual performing special procedure to be licensed
- 59General provision about special procedure licences
- Exemption from requirement to be licensed
- 60Exempted individuals
- Designation for purposes of licensing requirement
- 61Designation of individual for the purposes of section 58(3)
- Licensing criteria and mandatory licensing conditions
- 62Licensing criteria
- 63Mandatory licensing conditions
- 64Consultation about licensing criteria and mandatory licensing conditions
- Issuing a special procedure licence
- 65Mandatory grant or refusal of application for special procedure licence
- 66Discretion to grant application for special procedure licence
- 67Grant or refusal of application for renewal
- Revoking a special procedure licence
- 68Revocation of special procedure licence
- Approved premises and vehicles
- 69Performance of special procedure in course of business: approval requirement
- 70Approval of premises and vehicles in respect of performance of special procedure
- 71Approval certificates
- 72Voluntary termination of approval
- 73Revocation of approval
- 74Revocation of approval: notification requirements
- Register of special procedure licences and approved premises and vehicles
- 75Duty to maintain register of special procedure licences and approved premises and vehicles
- Fees
- 76Fees
- Stop notices
- 77Stop notices
- Remedial action notices
- 78Special procedure licences: licence holder remedial action notices
- 79Approved premises and vehicles: premises remedial action notices
- 80Completion certificate
- Appeals against stop notices and remedial action notices
- 81Appeals
- Offences relating to licensing and approval system
- 82Offences
- Enforcement
- 83Authorised officers
- 84Powers of entry etc.
- 85Warrant to enter dwelling
- 86Warrant to enter other premises
- 87Supplementary provision about powers of entry
- 88Powers of inspection etc.
- 89Obstruction etc. of officers
- 90Power to make test purchases
- 91Retained property: appeals
- 92Appropriated property: compensation
- Amendment of meaning of special procedure
- 93Power to add or remove special procedures
- Interpretation
- 94Interpretation of this Part
- Part 5: INTIMATE PIERCING
- Offences related to intimate piercing
- 95Offence of performing or making arrangements to perform an intimate piercing on a child
- 96What is an intimate piercing?
- Enforcement
- 97Enforcement action by local authorities
- 98Authorised officers
- 99Powers of entry
- 100Warrant to enter dwelling
- 101Warrant to enter other premises
- 102Supplementary provision about powers of entry
- 103Powers of inspection etc.
- 104Obstruction etc. of constable or officer
- 105Power to make test purchases
- 106Retained property: appeals
- 107Appropriated property: compensation
- Part 6: HEALTH IMPACT ASSESSMENTS
- 108Requirement to carry out health impact assessments
- 109Health impact assessments: publication and taking into account
- 110Meaning of “public body”
- Part 7: PHARMACEUTICAL SERVICES
- 111Pharmaceutical needs assessments
- 112Pharmaceutical lists
- Part 8: PROVISION OF TOILETS
- Local toilets strategies
- 113Local toilets strategies: preparation and review
- 114Local toilets strategies: interim progress statement
- 115Local toilets strategies: consultation
- Local authority power to provide public toilets
- 116Local authority power to provide public toilets
- 117Power to make byelaws in relation to toilets
- 118Consequential amendments
- Part 9: MISCELLANEOUS AND GENERAL
- Food hygiene rating offences: fixed penalty receipts
- 119Fixed penalty receipts for food hygiene rating offences
- General
- 120Offences by bodies corporate etc.
- 121Offences committed by partnerships and other unincorporated associations
- 122Giving notices
- 123Regulations
- 124Interpretation
- 125Power to make consequential and transitional etc. provision
- 126Coming into force
- 127Short title
- Schedule 1: FIXED PENALTIES
- Interpretation
- 1Paragraph 1
- Contents of fixed penalty notice
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- Amount of penalty and period for payment
- 6Paragraph 6
- 7Paragraph 7
- Discounted amount and period for payment
- 8Paragraph 8
- 9Paragraph 9
- Effect of notice and payment
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- Trial
- 15Paragraph 15
- 16Paragraph 16
- Withdrawal of notices
- 17Paragraph 17
- Fixed penalty receipts
- 18Paragraph 18
- Schedule 2: SMOKING: CONSEQUENTIAL AMENDMENTS
- Health Act 2006 (c.28)
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- Children and Families Act 2014 (c.6)
- 17Paragraph 17 Repealed
- Schedule 3: FURTHER PROVISION IN CONNECTION WITH SPECIAL PROCEDURE LICENCES
- Application for special procedure licence
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- Contents of special procedure licence
- 5Paragraph 5
- Copy of licence
- 6Paragraph 6
- 7Paragraph 7
- Expiry of licence
- 8Paragraph 8
- Renewal of licence
- 9Paragraph 9
- 10Paragraph 10
- Variation of licence
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- Voluntary termination of licence
- 14Paragraph 14
- Right to make representations
- 15Paragraph 15
- Notice of decision
- 16Paragraph 16
- 17Paragraph 17
- Appeals
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- Delegation of functions
- 21Paragraph 21
- Consequential amendments
- 22Paragraph 22
- 23Paragraph 23
- Schedule 4: PROVISION OF TOILETS: CONSEQUENTIAL AMENDMENTS
- Public Health Act 1936 (c.49)
- 1Paragraph 1
- Highways Act 1980 (c.66)
- 2Paragraph 2
- Local Government Byelaws (Wales) Act 2012 (anaw 2)
- 3Paragraph 3