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Sunbeds (Regulation) Act 2010

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2Duty to prevent sunbed use by childrenE+W

This section has no associated Explanatory Notes

(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 [F1a fine].

(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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