Sunbeds (Regulation) Bill

House of Lords

Session 2009 - 10
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Other Bills before Parliament

Sunbeds (Regulation) Bill

Sunbeds (Regulation) Bill
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A
Bill
To
Make provision about the use or supply of tanning devices that use artificial
ultra-violet radiation; and for connected purposes.
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:—
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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
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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.
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Duty to prevent sunbed use by children
(1)
A person who carries on a sunbed business (“P”) must secure—
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(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;
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(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
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control, and
(b)
are not domestic premises.

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(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.
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(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.
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(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).
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Exemption for medical treatment
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(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.
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(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
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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;
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“healthcare establishment” means—
(a)
in England, a hospital as defined by section 275 of the National
Health Service Act 2006;
(b)
in Wales, a hospital as defined by section 206 of the National
Health Service (Wales) Act 2006 or an independent hospital,
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independent clinic, or independent medical agency within the
meaning of the Care Standards Act 2000.
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Power to make further provision restricting use, sale or hire of sunbeds
(1)
Regulations may make provision requiring a person who carries on a sunbed
business (“P”) to secure that—
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(a)
the use of sunbeds to which the business relates is supervised in such
manner as the regulations may require;

Sunbeds (Regulation) Bill
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(b)
no sunbed to which the business relates is used on domestic premises
by a person aged under 18;
(c)
no offer is made by P or on P’s behalf to make a sunbed to which the
business relates available for use on domestic premises by a person
aged under 18.
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(2)
Regulations may make provision prohibiting or restricting the sale or hire of
sunbeds to persons aged under 18.
(3)
Before making regulations under subsection (1)(a) or (2), the appropriate
national authority must consult persons appearing to the appropriate national
authority to have an interest in the subject-matter of the proposed regulations.
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(4)
Consultation undertaken by the appropriate national authority before the
commencement of this section is as effective for the purposes of subsection (3)
as consultation undertaken after that time.
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Power to require information to be provided to sunbed users
(1)
Regulations may make provision requiring any person who carries on a
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sunbed business—
(a)
to provide, in prescribed circumstances and in a prescribed manner,
prescribed health information to persons who are using or may seek to
use a sunbed;
(b)
to display prescribed health information in a prescribed manner and in
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a prescribed form.
(2)
In subsection (1) “health information” means information about the health
risks associated with the use of sunbeds.
(3)
Regulations may make provision prohibiting any person who carries on a
sunbed business from providing or displaying any material that contains
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statements relating to the health effects of sunbed use other than—
(a)
statements containing information prescribed under subsection (1), or
(b)
statements containing any other information prescribed for the
purposes of this subsection.
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Protective eyewear
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Regulations may make provision requiring any person who carries on a
sunbed business—
(a)
to secure that protective eyewear meeting prescribed requirements is
made available in connection with any use of a sunbed to which the
business relates, and
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(b)
to secure as far as reasonably practicable that persons who use a sunbed
to which the business relates wear protective eyewear meeting those
requirements.
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Enforcement by local authorities
(1)
It is the duty of a local authority to enforce in its area the provisions of section 2.
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(2)
For that purpose it is the duty of every local authority to appoint officers
(“authorised officers”).
(3)
The Schedule makes provision about powers of entry and related matters.

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Obstruction etc. of authorised officers
(1)
A person who without reasonable excuse obstructs an authorised officer,
acting in the exercise of the officer’s functions under this Act, commits an
offence.
(2)
A person who without reasonable excuse fails to give to an authorised officer,
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acting in the exercise of the officer’s functions under this Act, any facilities,
assistance or information which the authorised officer reasonably requires of
the person for the performance of those functions commits an offence.
(3)
A person (“P”) commits an offence if, in purported compliance with any
requirement of an authorised officer mentioned in subsection (2)—
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(a)
P makes a statement which is false or misleading in a material respect,
and
(b)
P either knows that it is false or misleading or is reckless as to whether
it is false or misleading.
(4)
A person guilty of an offence under this section is liable on summary
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conviction to a fine not exceeding level 5 on the standard scale.
(5)
In subsections (1) and (2) references to functions under this Act include
references to functions under regulations made under this Act.
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Offences by bodies corporate
(1)
This section applies where an offence under this Act, or under regulations
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made under this Act, is committed by a body corporate.
(2)
If the offence is proved to have been committed by, or with the consent or
connivance of, or to be attributable to any neglect on the part of—
(a)
any director, manager or secretary of the body corporate, or
(b)
any person who was purporting to act in any such capacity,
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that director, manager, secretary or person purporting to act as such (as well as
the body corporate) is guilty of the offence and liable to be proceeded against
and punished accordingly.
(3)
The reference in subsection (2) to the director, manager or secretary of the body
corporate includes a reference to any other similar officer of the body
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corporate.
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Regulations: general
(1)
The power to make regulations under this Act is exercisable by statutory
instrument.
(2)
Regulations under this Act may—
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(a)
make different provision for different cases or different areas,
(b)
include supplementary, incidental or consequential provision, and
(c)
make transitional provisions or savings.
(3)
Regulations under this Act may—
(a)
create offences punishable on summary conviction with a fine not
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exceeding—
(i)
a prescribed level on the standard scale, or
(ii)
a prescribed amount not exceeding £20,000;

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(b)
provide for exceptions from any duty imposed by the regulations;
(c)
provide for defences in relation to any offence created by the
regulations.
(4)
Regulations under this Act may also—
(a)
require a local authority to enforce in its area the provisions of the
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regulations;
(b)
require a local authority to appoint officers for that purpose;
(c)
provide for any provision of the Schedule to apply with modifications
in relation to an officer so appointed.
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Regulations: control by Parliament or National Assembly for Wales
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(1)
A statutory instrument containing regulations made under this Act, except one
to which subsection (3) applies, is subject to annulment—
(a)
in the case of regulations made by the Secretary of State, in pursuance
of a resolution of either House of Parliament;
(b)
in the case of regulations made by the Welsh Ministers, in pursuance of
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a resolution of the National Assembly for Wales.
(2)
Subsection (3) applies to an instrument containing (whether alone or with
other provisions)—
(a)
regulations under section 4, or
(b)
regulations under section 5 or 6 which—
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(i)
create an offence or increase the penalty for an offence, or
(ii)
make provision about any of the matters mentioned in section
10(4)(a) to (c).
(3)
A statutory instrument to which this subsection applies may not be made
unless—
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(a)
in the case of regulations made by the Secretary of State, a draft of the
instrument has been laid before, and approved by a resolution of, each
House of Parliament;
(b)
in the case of regulations made by the Welsh Ministers, a draft of the
instrument has been laid before, and approved by a resolution of, the
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National Assembly for Wales.
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Interpretation
(1)
In this Act—
“the appropriate national authority” means—
(a)
in relation to England, the Secretary of State;
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(b)
in relation to Wales, the Welsh Ministers;
“domestic premises” means premises used wholly or mainly as a private
dwelling;
“local authority” means—
(a)
in relation to England—
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(i)
a district council;
(ii)
a county council for an area for which there is no district
council;
(iii)
a London borough council;

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(iv)
the Common Council of the City of London, in its
capacity as a local authority;
(v)
the Sub-Treasurer of the Inner Temple and the Under
Treasurer of the Middle Temple;
(vi)
the Council of the Isles of Scilly;
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(b)
in relation to Wales, a county council or county borough
council;
“premises” includes any place and, in particular, includes—
(a)
any vehicle or vessel, and
(b)
any tent or moveable structure;
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“prescribed” means prescribed by regulations;
“regulations” means regulations made by the appropriate national
authority;
“sunbed” has the meaning given by section 1(2);
“sunbed business” has the meaning given by subsection (3) of section 1,
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and references to a sunbed to which a sunbed business relates are to be
read in accordance with that subsection.
(2)
Where any functions of a local authority under this Act are assigned by an
order under section 2 of the Public Health (Control of Disease) Act 1984 to a
port health authority, any reference in this Act to a local authority is to be read,
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so far as relating to those functions, as a reference to the port health authority
to which they are so assigned.
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Financial provisions
There is to be paid out of money provided by Parliament any increase
attributable to this Act in the sums payable under any other Act out of money
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so provided.
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Short title, commencement and extent
(1)
This Act may be cited as the Sunbeds (Regulation) Act 2010.
(2)
This Act comes into force at the end of the period of 12 months beginning with
the day on which it is passed.
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(3)
This Act extends to England and Wales.