Public Health etc. (Scotland) Act 2008

96 Prohibition on sale or hire of sunbeds to persons under 18

(1) A person (the “seller”) who, without reasonable excuse, sells a sunbed to a person who is under 18 commits an offence.

(2) A person (the “hirer”) who, without reasonable excuse, hires a sunbed to a person who is under 18 commits an offence.

(3) In proceedings for an offence under subsection (1) or (2), it is a defence for the seller or hirer to show that—

(a) the seller or hirer believed the person to be 18 or over; and

(b) the seller or hirer had taken reasonable steps to establish the person’s age.

(4) For the purposes of subsection (3)(b), the seller or hirer is to be treated as having taken reasonable steps to establish the person’s age if (and only if)—

(a) the seller or hirer was shown any of the documents mentioned in subsection (5); and

(b) that document would have convinced a reasonable person.

(5) The documents referred to in subsection (4)(a) are any document appearing to be—

(a) a passport;

(b) a European Union photocard driving licence; or

(c) such other document (or description of document) as may be prescribed.

(6) In subsections (3)(a) and (b) and (4), references to the seller or hirer include an employee or agent of the seller or hirer.