Commentary on Sections Part 4.Special Procedures Section 75 - Duty to maintain register of special procedure licences and approved premises and vehicles
146.Section 75 requires a local authority to maintain and publish a register containing details of all valid special procedures licences issued by it, as well as details of all those premises and vehicles currently approved by it. This is to allow members of the public to view the details of licence holders and/or approved premises or vehicles in their area. The purpose is to improve transparency in relation to the practice of special procedures, and to provide consumer confidence.
147.Subsections (2) and (3) specify the information that must be provided in the register in relation to licences and approvals. In respect of licences, subsection (2) requires that the register must contain information including the name of the licence holder, the date the licence was issued, the special procedure authorised by the licence and the period that the licence is valid for (i.e. seven days or three years). If the licence relates to the performance of a special procedure in a specific premises or vehicle, the register must contain relevant information relating to the approval.
148.For premises and vehicle approvals, subsection (3) requires that the register contains information such as the name of the person holding the approval, the date the approval was issued and its period of validity, as well as the special procedure authorised to be performed on those premises or vehicle. Specific information such as the premises address or the vehicle’s registration number is also required.
149.Subsection (4) provides that the local authority maintaining the register may include other information as it considers appropriate.
150.Although each local authority is required by this section to maintain and publish its own register, subsection (5) enables the Welsh Ministers to arrange for a central register to be published by one appointed local authority. As the Welsh Ministers may require all local authorities in Wales to participate in and provide their information to the appointed local authority, this central register would contain information on all currently valid licences and approvals in Wales. The Welsh Ministers may also require all local authorities to contribute towards the costs of such a central register.