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

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