Sunbeds (Regulation) Act 2010

Document Number:2010 CHAPTER 20
Coming into force:Coming into force on the 08/04/2011
 
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An Act to make provision about the use or supply of tanning devices that use artificial ultra-violet radiation; and for connected purposes.

[8 th April 2010]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

1 Main interpretative provisions

(1) The following provisions apply for the interpretation of this Act.

(2)“Sunbed” means an electrically-powered device designed to produce tanning of the human skin by the emission of ultra-violet radiation.

(3) A “sunbed business” is a business that involves making one or more sunbeds available for use on premises that are occupied by, or are to any extent under the management or control of, the person who carries on the business; and those sunbeds are the sunbeds to which the business relates.

2 Duty to prevent sunbed use by children

(1) A person who carries on a sunbed business (“P”) must secure—

(a) that no person aged under 18 uses on relevant premises a sunbed to which the business relates;

(b) that no offer is made by P or on P’s behalf to make a sunbed to which the business relates available for use on relevant premises by a person aged under 18;

(c) that no person aged under 18 is at any time present, otherwise than in the course of providing services to P for the purposes of the business, in a restricted zone.

(2) In this section “relevant premises” means premises which—

(a) are occupied by P or are to any extent under P’s management or control, and

(b) are not domestic premises.

(3) Subsections (4) and (5) have effect for determining what is for the purposes of subsection (1)(c) a “restricted zone”.

(4) If a sunbed to which the business relates is in a wholly or partly enclosed space on relevant premises that is reserved for users of that sunbed, every part of that space is a restricted zone.

(5) If a sunbed to which the business relates is in a room on relevant premises, but not in a space falling within subsection (4) , every part of that room is a restricted zone.

(6) If P fails to comply with subsection (1) , P commits an offence and is liable on summary conviction to a fine not exceeding £20 ,000.

(7) It is a defence for a person (“D”) charged with an offence under this section to show that D took all reasonable precautions and exercised all due diligence to avoid committing it.

(8) This section is subject to section 3 (exemption for medical treatment).

3 Exemption for medical treatment

(1) The use of a sunbed falls within this subsection if—

(a) the use is for the purpose of medical treatment provided under the supervision or direction of a registered medical practitioner, and

(b) the sunbed is a dedicated sunbed in, or provided by, a healthcare establishment.

(2) Section 2(1)(a) does not apply to any use of a sunbed that falls within subsection (1).

(3) Section 2(1)(b) does not apply to an offer to make a sunbed available for use in a case where the use of the sunbed would fall within subsection (1).

(4) Section 2(1)(c) does not apply in a case where a person is present in a restricted zone for the purpose of any use of a sunbed in that zone that would fall within subsection (1).

(5) In subsection (1)—

“dedicated sunbed” means a sunbed that is made available only for use for the purpose of medical treatment;

“healthcare establishment” means—

in England, a hospital as defined by section 275 of the National Health Service Act 2006;

in Wales, a hospital as defined by section 206 of the National Health Service (Wales) Act 2006 or an independent hospital, independent clinic, or independent medical agency within the meaning of the Care Standards Act 2000.

4 Power to make further provision restricting use, sale or hire of sunbeds

(1) Regulations may...

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