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Public Health (Wales) Act 2017

A Welsh Government Bill, introduced by Rebecca Evans AM, Minister for Social Services and Public Health. The Business Committee remitted the Bill to the Health, Social Care and Sport Committee.

 

About the Bill

The Bill included provision for:

  • Re-state restrictions on smoking in enclosed and substantially enclosed public and work places, and give Welsh Ministers a regulation-making power to extend the restrictions on smoking to additional premises or vehicles;
  • Place restrictions on smoking in school grounds, hospital grounds and public playgrounds;
  • Provide for the creation of a national register of retailers of tobacco and nicotine products;
  • Provide Welsh Ministers with a regulation-making power to add to the offences which contribute to a Restricted Premises Order (RPO) in Wales;
  • Prohibit the handing over of tobacco and/or nicotine products to a person under the age of 18;
  • Provide for the creation of a mandatory licensing scheme for practitioners and businesses carrying out ’special procedures’, namely acupuncture, body piercing, electrolysis and tattooing;
  • Introduce a prohibition on the intimate piercing of persons under the age of 16 years;
  • Require Welsh Ministers to make regulations to require public bodies to carry out health impact assessments in specified circumstances;
  • Change the arrangements for determining applications for entry onto the pharmaceutical list of health boards (LHBs), to a system based on the pharmaceutical needs of local communities;
  • Require local authorities to prepare a local strategy to plan how they will meet the needs of their communities for accessing toilet facilities for public use; and
  • Enable a ‘food authority’ under the Food Hygiene Rating (Wales) Act 2013 to retain fixed penalty receipts resulting from offences under that Act, for the purpose of enforcing the food hygiene rating scheme.

 

Further detail can be found in its accompanying Explanatory Memorandum.

 

Current Stage

 

The Public Health (Wales) Act 2017 (external website) became law in Wales (external website) on 3 July 2017.

 

Record of Passage in the National Assembly for Wales

The following table sets out the dates for each stage of the Bill’s passage through the National Assembly for Wales.

 

Stage

Documents

Bill introduced: 7 November 2016

Public Health (Wales) Bill, as introduced (308KB)

 

Explanatory Memorandum (2MB)

 

Presiding Officer’s Statement: 7 November 2016 (154KB)

 

Written statement by the Minister for Social Services and Public Health: Public Health (Wales) Bill: 7 November 2016 (145KB)

 

Business Committee’s Report on the timetable for consideration of the Bill: 7 November 2016 (53KB)

 

Statement of policy intent (694KB)

 

Plenary Statement: Statement by the Minister for Social Services and Public Health: The Public Health (Wales) Bill: 8 November 2016

 

Letter to the First Minister from the Secretary of State for Wales: 6 November 2016 (326KB)

 

Legislative glossary (Welsh language version only) (144KB)

 

Equality Impact Assessments (external website)

 

Children’s Rights Impact Assessments (external website)

 

Welsh Language Impact Assessment (external website)

 

Stage 1: Committee considerations of general principles

Committee consideration

 

The Health, Social Care and Sport Committee considered the Bill on the following dates:

 

Date and Agenda

Purpose of meeting

Transcript

Senedd.TV

9 November 2016

Consideration of Approach to Stage 1 Scrutiny

(Private)

(Private)

1 December 2016

Minister for Social Services and Public Health

1 December 2016 Transcript

View meeting of 1 December

7 December 2016

Evidence sessions

7 December 2016 Transcript

View meeting of 7 December

15 December 2017

Evidence sessions

15 December 2016 Transcript

View meeting of 15 December

11 January 2017

Minister for Social Services and Public Health

Evidence sessions

11 January 2017 Transcript

View meeting of 11 January

19 January 2017

Evidence sessions

19 January 2017 Transcript

View meeting of 19 January

2 February 2017

Consideration of draft report

(Private)

(Private)

 

Schedule of oral evidence

 

Consultation responses

 

Ministerial correspondence

Letter to the Minister for Social Services and Public Health, 12 January 2017 (PDF 108KB)

Letter from the Minister for Social Services and Public Health, 18 January 2017 (PDF 477KB)

Letter to the Minister for Social Services and Public Health, 24 January 2017 (PDF 84KB)

Letter from the Minister for Social Services and Public Health, 31 January 2017 (PDF 340KB)

 

Committee Stage 1 Report

The Committee laid its report on 10 February 2017. (PDF 962KB)

Response by the Minister for Social Services and Public Health to the Health, Social Care and Sport Committee's Stage 1 Report - 10 March 2017 (PDF 186KB)

 

The Constitutional and Legislative Affairs Committee considered the Bill on the following dates:

 

Date and Agenda

Purpose of meeting

Transcript

Senedd.TV

21 November 2016

Minister for Social Services and Public Health

21 November 2016 Transcript

View meeting of 21 November

30 January 2017

Consideration of draft report

(Private)

(Private)

 

Ministerial correspondence

Letter to the Minister for Social Services and Public Health, 13 December 2016 (PDF 137KB)

Letter from the Minister for Social Services and Public Health, 12 January 2017 (PDF 169KB)

 

Report

The Constitutional and Legislative Affairs Committee laid its report on the Bill (PDF 702KB) on 10 February 2017.

Response by the Minister for Social Services and Public Health to the Constitutional and Legislative Affairs Committee’s Stage 1 Report – 10 March 2017 (PDF 156KB)

 

The Committee wrote to the Minister’s in relation to the response to the report on 29 March 2017 (PDF 204KB). The Minister responded on 18 April 2017 (PDF, 247KB).

 

 

The Finance Committee considered the Bill on the following dates:

Date and Agenda

Purpose of meeting

Transcript

Senedd.TV

7 December 2016

Financial implications of the Public Health (Wales) Bill

(Private)

(Private)

19 January 2017

Minister for Social Services and Public Health

19 January 2017 Transcript

View meeting of 19 January

2 February 2017

Consideration of draft report

(Private)

(Private)

 

Report

The Finance Committee laid its report on 10 February 2017. (PDF 780KB)

Response by the Minister for Social Services and Public Health to the Finance Committee’s Stage 1 Report – 10 March 2017 (PDF 168KB)

 

 

Stage 1: Debate in Plenary on general principles

A debate took place in Plenary on 28 February 2017. The motion to agree the general principles of the Bill was agreed.

Financial Resolution

 

A Financial Resolution in relation to the Bill was agreed in Plenary on 28 February 2017.

 

Stage 2: Committee consideration of amendments

 

Stage 2 began on 1 March 2017.

 

The Health, Social Care and Sport Committee agreed on 16 February 2017, under Standing Order 26.21, that the order of consideration for Stage 2 proceedings will be:

Sections 3 to 26, Section 2, Sections 27 to 52, Sections 54 to 91, Section 53, Sections 92 to 124, Schedules 1 to 4, Section 1, Long title

 

Stage 2 consideration took place in Committee on 23 March 2017.

 

Notice of Amendments – 6 March 2017 version 2 (PDF 64KB)

Welsh Government: Purpose and Effect Table – 6 March 2017 (PDF 49KB)

Notice of Amendments – 10 March 2017 (PDF 79KB)

Notice of Amendments – 13 March 2017 (PDF 99KB)

Welsh Government: Purpose and Effect Table – 13 March 2017 (PDF 358KB)

Notice of Amendments – 15 March 2017 version 2 (PDF 118KB)

Notice of Amendments – 16 March 2017 version 2 (PDF 92KB)

Marshalled List of Amendments – 23 March 2017 (PDF 192KB)

Groupings of Amendments – 23 March 2017 (PDF 71KB)

 

Ministerial correspondence

Letter from the Minister for Social Services and Public Health, 6 March 2017 (PDF 154KB)

 

Public Health (Wales) Bill, as amended at Stage 2 (PDF 521KB) (Amendments to the Bill since the previous version are indicated by side-lining in the right margin.)

Revised Explanatory Memorandum (PDF 2MB)

Printing changes to the Bill as amended at Stage 2 (PDF 137KB)

 

Stage 3: Plenary consideration of amendments


Following the completion of Stage 2 proceedings, Stage 3 commenced on 24 March 2017.

 

The National Assembly for Wales agreed on 2 May 2017, under Standing Order 26.36, that the order of consideration for Stage 3 proceedings will be:

Sections 3 to 26, Section 2, Sections 27 to 52, Sections 54 to 91, Section 53, Sections 92 to 124, Schedules 1 to 4, Section 1, Long title

 

Stage 3 consideration and disposal of amendments took place in Plenary on 9 May 2017.

 

Notice of Amendments – 27 April 2017 (PDF 95KB)

Welsh Government: Purpose and Effect Table – 27 April 2017 (PDF 249KB)

Notice of Amendments – 28 April 2017 (PDF 65KB)

Notice of Amendments – 2 May 2017 version 2 (PDF 111KB)

Marshalled List of Amendments – 9 May 2017 (PDF 161KB)

Groupings of Amendments – 9 May 2017 (PDF 69KB)

 

Public Health (Wales) Bill, as amended at Stage 3 (PDF 531KB) (Amendments to the Bill since the previous version are indicated by side-lining in the right margin.)

Printing changes to the Bill as amended at Stage 3 (PDF 136KB)

 

Ministerial correspondence

Letter from the Minister for Social Services and Public Health, 18 April 2017 (PDF 248KB)

Stage 4: Passing of the Bill in Plenary

The Bill was agreed by the Assembly in accordance with SO 12.36 on 16 May 2017.

 

Public Health (Wales) Bill, as passed (PDF 531KB)

Printing changes to the Bill as passed (PDF 120KB)

Post-stage 4


The Solicitor General (PDF 374KB), on behalf of the Attorney General, Counsel General (PDF 178KB) and Secretary of State for Wales (PDF 28KB) wrote to the Chief Executive and Clerk of the Assembly to advise that they would not be referring the Public Health (Wales) Bill to the Supreme Court under Sections 112 or 114 of the Government of Wales Act 2006.

 


Date of Royal Assent

Royal Assent (PDF 69KB) was given on 3 July 2017.

 

Contact information

Clerk: Claire Morris

Phone: 0300 200 6565

 

Postal address:

National Assembly for Wales

Cardiff Bay

Cardiff     CF99 1NA

 

Email: SeneddHealth@Assembly.Wales

Business type: Bill

Reason considered: Government Business;

First published: 07/10/2016

Documents

Consultations

 

 

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