
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.
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—
(a) a person to whom a notice of hearing is given in accordance with regulation 5(1), and
(b) the local authority who has issued the warning notice;
 “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.
3 
These Regulations apply to a relevant committee in relation to the exercise of its functions under Part 4 of the Act.
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.
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).
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Jeremy Miles
Cabinet Secretary for Health and Social Care, one of the Welsh Ministers
17 September 2024
SCHEDULE
Regulations 4(1), 5(1) and(2)(c) and 6(2)


Column 1 Column 2 Column 3
Procedure in relation to which a hearing is required to be held Person to whom notice of hearing must be given Copies of documents to accompany the notice of hearing
Warning notice - intention to designate an individual as a person requiring a special procedure licence pursuant to section 61(1) of the Act (1) The individual who has been given notice under section 61(1) of the Act(2) Any person who has made representations about the proposed designation (if applicable) (1) The warning notice(2) Representations made in relation to the proposed designation
Warning notice - refusal to grant an application for a special procedure licence due to not all the applicable licensing criteria being met pursuant to section 65(2) of the Act (1) The applicant(2) Any person who has made representations about the application (if applicable) (1) The warning notice(2) Representations made in relation to the application
Warning notice - refusal to grant an application for a special procedure licence due to a conviction for a relevant offence pursuant to section 66(6) of the Act (1) The applicant(2) Any person who has made representations about the application (if applicable) (1) The warning notice(2) Representations made in relation to the application
Warning notice - refusal to grant an application to renew a special procedure licence due to not all the applicable licensing criteria being met pursuant to section 67 of the Act (1) The licence holder who has applied for the renewal(2) Any person who has made representations about the application (if applicable) (1) The warning notice(2) Representations made in relation to the application to renew
Warning notice - refusal to grant an application to renew a special procedure licence due to a conviction for a relevant offence pursuant to section 67 of the Act (1) The licence holder who has applied for the renewal(2) Any person who has made representations about the application (if applicable) (1) The warning notice(2) Representations made in relation to the application to renew
Warning notice - intention to revoke a special procedure licence pursuant to section 68 of the Act (1) The licence holder(2) Any person who has made representations about the intention to revoke (if applicable) (1) The warning notice(2) Representations made in relation to the intention to revoke
Warning notice - intention to revoke an approval certificate pursuant to section 73 of the Act (1) The holder of an approval certificate(2) Any person who has made representations about the intention to revoke (if applicable) (1) The warning notice(2) Representations made in relation to the intention to revoke
Warning notice - refusal to grant an application to vary a special procedure licence pursuant to paragraph 13(1)(b) of Schedule 3 to the Act (1) The licence holder who has applied for the variation(2) Any person who has made representations about the application to vary (if applicable) (1) The warning notice(2) Representations made in relation to the application to vary