Sunbeds Act (Northern Ireland) 2011

Offences

Prohibition on allowing use of sunbeds by persons under 18

1.—(1) An operator of sunbed premises who—

(a) allows a person who is under 18 to use a sunbed on those premises, or

(b) allows a person who is under 18 to be present (except in the course of providing services to the operator for the purposes of the business of the sunbed premises) in a restricted zone on those premises,

commits an offence.

(2) In proceedings for an offence under subsection (1), it is a defence for the operator to prove that the operator (or an employee or agent of the operator) took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence.

(3) Without prejudice to any other means of proving the matters specified in subsection (2), for the purposes of subsection (2) the operator (or an employee or agent of the operator) is to be treated as having taken all reasonable precautions and exercised all due diligence to avoid the commission of such an offence if—

(a) the operator (or an employee or agent of the operator) was shown any of the documents mentioned in subsection (4); and

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

(4) The documents referred to in subsection (3)(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.

(5) Subsections (6) and (7) have effect for determining what is for the purposes of subsection (1)(b) a restricted zone.

(6) If a sunbed on the sunbed premises is in a wholly or partly enclosed space that is reserved for users of that sunbed, every part of that space is a restricted zone.

(7) If a sunbed is in a room on the sunbed premises but not in a space falling within subsection (6), every part of that room is a restricted zone.

(8) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Prohibition on sale or hire of sunbeds to persons under 18

2.—(1) A person (the “seller”) who sells a sunbed to a person who is under 18 commits an offence.

(2) A person (the “hirer”) who 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 prove that the seller or hirer (or an employee or agent of the seller or hirer) took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence.

(4) Without prejudice to any other means of proving the matters specified in subsection (3), for the purposes of subsection (3) the seller or hirer (or an employee or agent of the seller or hirer) is to be treated as having taken all reasonable precautions and exercised all due diligence to avoid the commission of such an offence if—

(a) the seller or hirer (or an employee or agent of 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) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Prohibition on allowing unsupervised use of sunbeds

3.—(1) An operator of sunbed premises who allows a person to use a sunbed on those premises without supervision commits an offence.

(2) In subsection (1), the requirement for supervision is met if the operator (or an employee or agent of the operator) is present on the sunbed premises at any time a person is using a sunbed on those premises.

(3) In proceedings for an offence under subsection (1), it is a defence for the operator to prove that the operator (or an employee or agent of the operator) took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence.

(4) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Duty to provide information to sunbed users, or buyers etc.

4.—(1) An operator of sunbed premises who fails to comply with a requirement in subsection (2) or (3) commits an offence.

(2) The operator must provide a person who proposes to use a sunbed on those premises with such health information and such other information as may be prescribed in accordance with subsection (11).

(3) That information is to be provided each time the person proposes to use a sunbed on those premises.

(4) A person (“the seller”) who sells a sunbed to a person and who fails to comply with the requirement in subsection (5) commits an offence.

(5) The seller must provide a person who is buying the sunbed with such health information and such other information as may be prescribed in accordance with subsection (11).

(6) A person (“the hirer”) who hires a sunbed to a person and who fails to comply with the requirement in subsection (7) commits an offence.

(7) The hirer must provide a person who is hiring the sunbed with such health information and such other information as may be prescribed in accordance with subsection (11).

(8) In proceedings for an offence under subsection (1), it is a defence for the operator to prove that the operator (or an employee or agent of the operator) took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence.

(9) In proceedings for an offence under subsection (4), it is a defence for the seller to prove that the seller (or an employee or agent of the seller) took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence.

(10) In proceedings for an offence under subsection (6), it is a defence for the hirer to prove that the hirer (or an employee or agent of the hirer) took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence.

(11) The Department may prescribe—

(a) the health information and other information which is to be provided;

(b) the form and manner in which that information is to be provided.

(12) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Duty to display information notice

5.—(1) An operator of sunbed premises who fails to comply with the requirement in subsection (2) commits an offence.

(2) That requirement is to display a notice—

(a) containing such health information and such other information as may be prescribed in accordance with subsection (4);

(b) in a position where it is readily visible to persons proposing to use a sunbed on the premises.

(3) In proceedings for an offence under subsection (1), it is a defence for the operator to prove that the operator (or an employee or agent of the operator) took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence.

(4) The Department may prescribe—

(a) the health information and other information which the notice is to contain;

(b) the form and manner of display of the notice.

(5) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Prohibition on provision or display of other information

6.—(1) An operator of sunbed premises who provides or displays any material that contains statements relating to the health effects of sunbed use other than—

(a) statements containing information prescribed under section 4(11) or 5(4), or

(b) statements containing any other information prescribed for the purposes of this subsection,

commits an offence.

(2) In proceedings for an offence under subsection (1), it is a defence for the operator to prove that the operator (or an employee or agent of the operator) took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence.

(3) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 1 on the standard scale.

Protective eyewear

7.—(1) An operator of sunbed premises who fails to comply with a requirement in subsection (2) or (3) commits an offence.

(2) The operator must make available protective eyewear for a person who proposes to use a sunbed on those premises.

(3) The operator must secure as far as reasonably practicable that a person who uses a sunbed on those premises wears protective eyewear.

(4) A person (the “seller”) who sells a sunbed to a person and who fails to comply with the requirement in subsection (5) commits an offence.

(5) The seller must provide a person who is buying the sunbed with protective eyewear.

(6) A person (the “hirer”) who hires a sunbed to a person and who fails to comply with the requirement in subsection (7) commits an offence.

(7) The hirer must provide a person who is hiring the sunbed with protective eyewear.

(8) Regulations may provide that the protective eyewear referred to in this section must meet such requirements as may be prescribed.

(9) In proceedings for an offence under subsection (1), it is a defence for the operator to prove that the operator (or an employee or agent of the operator) took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence.

(10) In proceedings for an offence under subsection (4), it is a defence for the seller to prove that the seller (or an employee or agent of the seller) took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence.

(11) In proceedings for an offence under subsection (6), it is a defence for the hirer to prove that the hirer (or an employee or agent of the hirer) took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence.

(12) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(13) In this section “protective eyewear” means eyewear designed to protect the eyes of a person using a sunbed from ultraviolet radiation.

Requirements in relation to training

8.—(1) An operator of sunbed premises who fails to comply with a requirement in subsection (2) commits an offence.

(2) The operator must—

(a) meet such requirements in relation to training as may be prescribed; and

(b) secure that such employees or agents of the operator as may be prescribed meet such requirements in relation to training as may be prescribed.

(3) A person (the “seller”) who sells a sunbed to any person and who fails to meet such requirements in relation to training as may be prescribed commits an offence.

(4) A person (the “hirer”) who hires a sunbed to any person and who fails to meet such requirements in relation to training as may be prescribed commits an offence.

(5) In proceedings for an offence under subsection (1), it is a defence for the operator to prove that the operator (or an employee or agent of the operator) took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence.

(6) In proceedings for an offence under subsection (3), it is a defence for the seller to prove that the seller (or an employee or agent of the seller) took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence.

(7) In proceedings for an offence under subsection (4), it is a defence for the hirer to prove that the hirer (or an employee or agent of the hirer) took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence.

(8) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Requirements in relation to sunbeds

9.—(1) An operator of sunbed premises who fails to comply with the requirement in subsection (2) commits an offence.

(2) The operator must secure that each sunbed which the operator makes available for use on those premises meets such requirements as may be prescribed.

(3) A person (the “seller”) who sells a sunbed to a person and who fails to comply with the requirement in subsection (4) commits an offence.

(4) The seller must secure that a sunbed referred to in subsection (3) meets such requirements as may be prescribed.

(5) A person (the “hirer”) who hires a sunbed to a person and who fails to comply with the requirement in subsection (6) commits an offence.

(6) The hirer must secure that a sunbed referred to in subsection (5) meets such requirements as may be prescribed.

(7) In proceedings for an offence under subsection (1), it is a defence for the operator to prove that the operator (or an employee or agent of the operator) took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence.

(8) In proceedings for an offence under subsection (3), it is a defence for the seller to prove that the seller (or an employee or agent of the seller) took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence.

(9) In proceedings for an offence under subsection (5), it is a defence for the hirer to prove that the hirer (or an employee or agent of the hirer) took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence.

(10) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Exemption for medical treatment

10.—(1) No offence is committed under this Act in respect of any use of a sunbed that falls within subsection (2).

(2) 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.

(3) In subsection (2)—

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

“healthcare establishment” means a hospital, an independent hospital, independent clinic or independent medical agency within the meaning of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003 (NI 9);

“registered medical practitioner” means a fully registered person within the meaning of the Medical Act 1983 (c. 54) who holds a licence to practise under that Act.

Enforcement

Enforcement by district councils

11.—(1) It is the duty of every district council to enforce within its district the provisions of or made under this Act.

(2) In this Act, “authorised officer”, in relation to a district council, means any person (whether or not an officer of the council) who is authorised by it in writing, either generally or specially, to act in matters arising under this Act.

(3) Schedule 1 makes provision about the powers of authorised officers.

Fixed penalties for certain offences

12.—(1) Where an authorised officer of a district council has reason to believe that a person has committed an offence under section 1, 2 or 4 to 9 within the district of that council, the authorised officer may give the person a fixed penalty notice in respect of the offence.

(2) A fixed penalty notice is a notice offering a person the opportunity to discharge any liability to conviction for the offence to which the notice relates by paying a penalty in accordance with this Act.

(3) Schedule 2 makes further provision about fixed penalties.

Obstruction of officers

13.—(1) Any person who intentionally obstructs an authorised officer of a district council, acting in the exercise of the officer’s functions under or by virtue of this Act, commits an offence.

(2) Any person who without reasonable cause fails to give to an authorised officer, acting in the exercise of the officer’s functions under or by virtue of 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 commits an offence if, in purported compliance with any requirement of an authorised officer under subsection (2)—

(a) the person makes a statement which is false or misleading, and

(b) the person either knows that it is false or misleading or is reckless as to whether it is false or misleading.

(4) In subsection (3), “false or misleading” means false or misleading in a material particular.

(5) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Registration or licensing of sunbed premises or operators, etc.

14.—(1) Regulations may make provision for—

(a) registration by district councils of—

(i) premises which are used as, or which are proposed to be used as, sunbed premises,

(ii) premises on which the sale or hire of sunbeds takes place or is proposed to take place,

and for prohibiting the use for those purposes of any premises which are not registered in accordance with the regulations;

(b) licensing by district councils of—

(i) premises which are used as, or which are proposed to be used as, sunbed premises,

(ii) premises on which the sale or hire of sunbeds takes place or is proposed to take place,

and for prohibiting the use for those purposes of any premises except in accordance with a licence issued under the regulations; or

(c) licensing by district councils of—

(i) operators of sunbed premises,

(ii) persons who sell or hire sunbeds,

and for prohibiting a person from operating sunbed premises or from selling or hiring sunbeds except in accordance with a licence issued under the regulations.

(2) Regulations under this section may—

(a) create offences punishable on summary conviction with a fine not exceeding level 5 on the standard scale;

(b) provide for defences in relation to any offence created by the regulations;

(c) provide for section 12 or any provision of Schedule 1 or 2 to apply with modifications;

(d) provide for district councils to have power to charge fees in relation to registration or licensing;

(e) provide for district councils to have power to revoke licences in such circumstances as are prescribed;

(f) provide for appeals against decisions of district councils to a court of summary jurisdiction.

General

Offences by bodies corporate etc.

15.—(1) For the purposes of this Act, section 20(2) of the Interpretation Act (Northern Ireland) 1954 (c. 33) applies with the omission of the words “the liability of whose members is limited” and where the affairs of a body corporate are managed by its members, applies in relation to the acts or defaults of a member in connection with the functions of management as if that member were a director of the body corporate.

(2) If an offence under this Act is committed by a partnership or proved—

(a) to have been committed with the consent or connivance of a partner, or

(b) to be attributable to any neglect on the partner’s part,

the partner as well as the partnership is guilty of the offence and liable to be proceeded against and punished accordingly.

(3) In subsection (2) “partner” includes a person purporting to act as a partner.

Regulations

16.—(1) Regulations under this Act may contain such incidental, supplementary, consequential, transitory, transitional or saving provisions as the Department considers appropriate.

(2) Subject to subsection (3), regulations under this Act shall be subject to negative resolution.

(3) Regulations under section 14 or paragraph 4 of Schedule 2 shall not be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Assembly.

Interpretation

17.—(1) In this Act—

“authorised officer” has the meaning given by section 11(2);

“the Department” means the Department of Health, Social Services and Public Safety;

“health information” means information about the health risks associated with the use of sunbeds;

“operator” in relation to sunbed premises, means the person having management or control of those premises;

“premises” includes any place and, in particular, includes—

(a)

any land or building;

(b)

any tent or moveable structure; and

(c)

any vehicle or vessel;

“prescribed” means prescribed by regulations;

“regulations” means regulations made by the Department;

“sunbed” means an electrically-powered device designed to produce tanning of the human skin by the emission of ultraviolet radiation;

“sunbed premises” means premises in which persons are permitted to use a sunbed for payment of any kind (whether direct or otherwise).

(2) Subsections (3) and (4) have effect for determining for the purposes of this Act on which premises a sunbed is sold or hired where—

(a) the order for the sunbed is taken on certain premises (premises A); and

(b) the sunbed is despatched for delivery in pursuance of the sale or hire from other premises (premises B).

(3) Subject to subsection (4), the sale or hire is to be treated as taking place on premises A.

(4) But if—

(a) premises A are not in Northern Ireland; and

(b) premises B are in Northern Ireland,

the sale or hire is to be treated as taking place on premises B.

Commencement

18.—(1) This section and sections 17 and 19 come into operation on the day after the day on which this Act receives Royal Assent.

(2) The other provisions of this Act come into operation on such day or days as the Department may by order appoint.

Short title

19.  This Act may be cited as the Sunbeds Act (Northern Ireland) 2011.