The Public Health etc. (Scotland) Act 2008 (Sunbed) Regulations 2009

Scottish Statutory Instruments

2009 No. 388

Public Health

The Public Health etc. (Scotland) Act 2008 (Sunbed) Regulations 2009

Made

5th November 2009

Laid before the Scottish Parliament

9th November 2009

Coming into force

1st December 2009

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 95(4)(c), 96(5)(c), 100(5) and 101(4) of the Public Health etc. (Scotland) Act 2008(1) and all other powers enabling them to do so.

In accordance with section 122(3) of that Act they have consulted such persons as they consider appropriate.

Citation and commencement S

1.  These Regulations may be cited as the Public Health etc. (Scotland) Act 2008 (Sunbed) Regulations 2009 and come into force on 1st December 2009.

Commencement Information

I1 Reg. 1 in force at 1.12.2009, see reg. 1

[F1 Amendment of the Public Health etc. (Scotland) Act 2008 (Sunbed) Regulations 2009 S

2.   The documents and descriptions of documents prescribedF2 for the purposes of sections 95(4)(c) and 96(5)(c) of the Public Health etc. (Scotland) Act 2008 (documents establishing a person’s age) are—

(a) a Ministry of Defence Form 90 (Defence Identity Card);

(b) a photographic identity card bearing the national Proof of Age Standards Scheme hologramF3 ;

(c) a national identity card issued by a member StateF4 F5 ..., Norway, Iceland, Liechtenstein or SwitzerlandF6 ; and

(d) a Biometric Immigration DocumentF7 .]

Textual Amendments

F1 Reg. 2 substituted (1.10.2013) by The Public Health etc. (Scotland) Act 2008 (Sunbed) Amendment Regulations 2013 (S.S.I. 2013/201), regs. 1, 2

F2 See section 124 of the Public Health etc. (Scotland) Act 2008 for the meaning of “prescribed”.

F3 The national Proof of Age Standards Scheme is run by PASSCO, company number 4570623, a company limited by guarantee with its registered office at 21 Dartmouth Street, London SW1 9BP.

F4 Part II of Schedule 1 to the European Communities Act 1972 provides that “member”, in the expression “member State”, refers to membership of the EU. Section 1(2) of that Act defines “the EU” to mean the European Union, being the Union established by the Treaty on European Union signed at Maastricht on 7th February 1992 (as amended by any later Treaty). Schedule 1 (read with section 25(1)) to the Interpretation and Legislative Reform (Scotland) Act 2010 provides that “the EU” and other expressions defined by section 1 of and Schedule 1 to the 1972 Act have the meanings given by that Act when used in a Scottish instrument.

F5 Words in reg. 2(c) omitted (31.12.2020) by virtue of The Public Health and Tobacco (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/142), regs. 1, 4; 2020 c. 1, Sch. 5 para. 1(1)

F6 The States listed are the present members of the European Economic Area and Switzerland.

F7 A Biometric Immigration Document is issued in accordance with the Immigration (Biometric Registration) Regulations 2008 (S.I. 2008/3048); amended by S.I. 2009/819 and S.I. 2012/594.

Provision of health information S

3.  Information provided to a person who proposes to use a sunbed on sunbed premises shall be provided in a document which—

(a) contains the information set out in Schedule 1;

(b) is at least A5 in size; and

(c) is printed in black characters, which can easily be read, on a yellow background.

Commencement Information

I2 Reg. 3 in force at 1.12.2009, see reg. 1

Display Notice S

4.  A notice displayed in sunbed premises shall—

(a) contain the information set out in Schedule 2;

(b) be at least A3 in size; and

(c) be printed in black characters, at least 20 millimetres in size, on a yellow background.

Commencement Information

I3 Reg. 4 in force at 1.12.2009, see reg. 1

SHONA ROBISON

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

(Regulation 3)

SCHEDULE 1 S

Commencement Information

I4 Sch. 1 in force at 1.12.2009, see reg. 1

HEALTH WARNING

INFORMATION FOR SUNBED USERS

You should be aware that using sunbeds may harm your health in the long term. They have been linked to:—

• a significantly higher risk of skin cancer including malignant melanoma (the most serious form of skin cancer);

• eye damage including a higher risk of cataracts – if appropriate eye protection is not worn;

• accelerated skin damage, including premature ageing of the skin.

These health risks outweigh any potential benefits in using sunbeds to supplement Vitamin D.

There are also short term health effects:—

• sunburnt skin, which may become red, painful and blister;

• skin dryness;

• an itchy “heat” rash;

• eye irritation or conjunctivitis if appropriate eye protection is not worn.

You may be at increased risk of harm from sunbed use if you:—

• have a history of skin cancer or someone in your close family has a history;

• have fair or sensitive skin that burns easily in sunlight;

• have a history of sunburn especially in childhood;

• have a large number of freckles and/or red hair;

• have a large number of moles;

• already have skin damage due to sunlight;

• have a medical condition that is made worse by sunlight;

• are taking medication or using certain creams that may sensitise the skin to sunlight;

• have an immune system which is suppressed.

(Regulation 4)

SCHEDULE 2 S

Commencement Information

I5 Sch. 2 in force at 1.12.2009, see reg. 1

“HEALTH WARNING

Sunbed use may damage your skin and will increase your risk of skin cancer.”

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make provision under Part 8 of the Public Health etc. (Scotland) Act 2008 in relation to the regulation of provision of sunbeds.

Regulation 2 provides that a photographic identity card bearing the national Proof of Age Standards Scheme hologram is a prescribed document for establishing proof of age for the purposes of sections 95(4) and 96(5) of the Act.

Regulation 3 prescribes the health information which must be provided in terms of section 100 of the Act by a sunbed operator to a person who proposes to use a sunbed and the form in which that information must be provided.

Regulation 4 prescribes the content and form of notices to be displayed in sunbed premises in accordance with section 101 of the Act.

These Regulations were notified in draft to the European Commission in accordance with Directive 98/34/EC of the European Parliament and of the Council (Official Journal No. L 204, 21.7.98, p.37), as amended by Directive 98/48/EC of the same institutions (Official Journal No. L 217, 5.8.98, p.18), which lays down a procedure for the provision of information in the field of technical standards and regulations.

(1)

2008 asp 5.