Commentary on Sections Part 4.Special Procedures Section 93 - Power to add or remove special procedures
184.This section enables the Welsh Ministers to amend, via regulations, the list of special procedures in section 57 which are subject to the licensing system. Before making regulations under this power, subsection (4) requires the Welsh Ministers to consider whether there are people who appear to represent the interests of those likely to be affected by them, and to consult with them as appropriate. This ensures that those who are affected by the regulations are consulted and have their views considered.
185.Section 93 allows the list of special procedures in section 57 to be amended – this includes adding or removing a type or description of procedure to or from the list, or varying the description of a procedure already contained in the list. Amongst other things, a special procedure may be described by reference to the individual who carries out the procedure, or the individual on whom it is carried out. In order for a procedure to be added to the list, the Welsh Ministers must consider that it is performed for aesthetic or therapeutic purposes, and the performance of the procedure is capable of causing harm to human health. Harm to human health is defined in section 94(5) and includes harm to an individual’s physical or mental health.
186.This regulation-making power allows the list of special procedures to remain up to date, thereby ensuring the system takes account of and responds to changing practices and trends.