Health and Care Act 2022

Section 180

SCHEDULE 19E+WLicensing of cosmetic procedures

IntroductionE+W

1This Schedule is about the provision that may be made by regulations under section 180.

Grant of licenceE+W

2The regulations may—

(a)require a local authority not to grant a licence unless satisfied as to a matter specified in the regulations;

(b)require a local authority to have regard, in deciding whether to grant a licence, to a matter specified in the regulations.

3The regulations may make provision requiring a local authority not to grant a premises licence unless the premises have been inspected in accordance with the regulations.

Licence conditionsE+W

4(1)The regulations may make provision for the grant of a licence subject to conditions.

(2)Provision of the kind mentioned in sub-paragraph (1) may—

(a)enable a local authority to attach conditions to a licence;

(b)require a local authority to attach to a licence a condition specified in the regulations.

Duration of licence etcE+W

5(1)The regulations may make provision about the duration, renewal, variation, suspension or revocation of licences.

(2)The provision that may be made under sub-paragraph (1) includes provision conferring power on a court by which a person is convicted of an offence under the regulations to vary, suspend or revoke a licence.

Reviews and appealsE+W

6The regulations may make provision for—

(a)the review of decisions under the regulations;

(b)appeals against decisions under the regulations.

OffencesE+W

7(1)The regulations may create offences in relation to—

(a)the breach of a prohibition imposed by virtue of section 180(1);

(b)the breach of a condition attached to a licence;

(c)the provision of false or misleading information to a local authority in connection with anything done under the regulations.

(2)The regulations must provide for any such offence to be punishable on summary conviction with a fine or a fine not exceeding an amount specified, or determined in accordance with, the regulations.

Financial penaltiesE+W

8(1)The regulations may confer power on a local authority to impose a financial penalty in relation to—

(a)the breach of a prohibition imposed by virtue of section 180(1);

(b)the breach of a condition attached to a licence.

(2)The amount of the financial penalty is to be specified in, or determined in accordance with, the regulations.

(3)If the regulations confer power to impose a financial penalty in respect of conduct for which a criminal offence is created under the regulations, they must provide that a person is not liable to such a penalty in respect of conduct for which the person has been convicted of the offence.

(4)If the regulations confer power to impose a financial penalty they must include provision—

(a)requiring the local authority, before imposing a financial penalty on a person, to give the person written notice (a “notice of intent”) of the proposed financial penalty;

(b)ensuring that the person is given an opportunity to make representations about the proposed financial penalty;

(c)requiring the local authority, after the period for making representations, to decide whether to impose the financial penalty;

(d)requiring the local authority, if it decides to impose the financial penalty, to give the person notice in writing (a “final notice”) imposing the penalty;

(e)enabling a person on whom a financial penalty is imposed to appeal to a court or tribunal in accordance with the regulations;

(f)as to the powers of the court or tribunal on such an appeal.

(5)The provision that may be made by the regulations by virtue of sub-paragraph (1) includes provision—

(a)enabling a notice of intent or final notice to be withdrawn or amended;

(b)requiring the local authority to withdraw a final notice in circumstances specified in the regulations;

(c)for a financial penalty to be increased by an amount specified in or determined in accordance with the regulations in the event of late payment;

(d)as to how financial penalties are recoverable.

EnforcementE+W

9The regulations may confer on a local authority the function of enforcing the regulations in its area.

FeesE+W

10The regulations may include provision for fees in relation to the carrying out of functions of a local authority under or in connection with the regulations (including the cost of its enforcement functions under the regulations).

GuidanceE+W

11The regulations may require a local authority, in carrying out functions under the regulations, to have regard to guidance published by the Secretary of State.

InterpretationE+W

12(1)In this Schedule—

• “grant”, in relation to a licence, includes vary or renew;

• “licence” means a personal licence or premises licence;

• “personal licence” has the meaning given by section 180(2);

• “premises licence” has the meaning given by section 180(2).

(2)Nothing in this Schedule is to be read as limiting the scope of the power to make regulations under section 180.