OpenLegislation

Explanatory note

Original text. Later amendments are not shown.

(This note is not part of the Regulations)

Part 4 of the Public Health (Wales) Act 2017 (“the Act”) establishes a mandatory licensing scheme for individuals wishing to perform special procedures (as listed in section 57 of the Act) in Wales.

An individual who performs a special procedure on someone else, in the course of a business, must be licensed, unless they are exempt (section 58(2) of the Act).

Section 60(1) and (2) of the Act details the circumstances in which an individual is exempt from the requirement to obtain a special procedure licence. Members of certain professions are treated as exempted individuals for the purposes of section 60 of the Act, unless regulations limit the extent of the special procedures that members of those professions may perform.

Regulations may provide for individuals who are members of other professions, or who are other specified workers, to be exempt from the requirement to obtain a special procedure licence (section 60(3) of the Act).

Regulations 3 and 4 of these Regulations make provisions for members of certain professions covered by section 60(1) and (2) of the Act. Regulation 3 provides for members of certain professions to not be treated as exempt from the requirement to be licensed to perform specified special procedures. Regulation 4 provides that members of certain professions are to be treated as exempt from the requirement to be licensed to perform specified special procedures if certain conditions are met.

Regulation 5 of these Regulations makes provision for members of certain professions to be treated as exempt from the requirement to obtain a special procedure licence in relation to a specific special procedure. This exemption applies if certain conditions are met.

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.