2013 No. 201

Public Health

The Public Health etc. (Scotland) Act 2008 (Sunbed) Amendment Regulations 2013

Made

Laid before the Scottish Parliament

Coming into force

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 95(4)(c) and 96(5)(c) of the Public Health etc. (Scotland) Act 20081 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 commencement1

These Regulations may be cited as the Public Health etc. (Scotland) Act 2008 (Sunbed) Amendment Regulations 2013 and come into force on 1st October 2013.

Amendment of the Public Health etc. (Scotland) Act 2008 (Sunbed) Regulations 20092

For regulation 2 of the Public Health etc. (Scotland) Act 2008 (Sunbed) Regulations 20092 substitute—

2Prescribed documents

The documents and descriptions of documents prescribed3 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 hologram4;

c

a national identity card issued by a member State5 (other than the United Kingdom), Norway, Iceland, Liechtenstein or Switzerland6; and

d

a Biometric Immigration Document7.

MICHAEL MATHESONAuthorised to sign by the Scottish MinistersSt Andrew’s House,Edinburgh
EXPLANATORY NOTE

(This note is not part of the Regulations)

Sections 95(1) and 96(1) and (2) of the Public Health etc. (Scotland) Act 2008 (“the Act”) provide for offences of allowing use of, selling or hiring a sunbed to a person under 18.

Sections 95(2) and 96(3) provide for a defence to such charges. The defence is that the accused believed the customer to be 18 or over and had been shown a document appearing to be a passport, EU photocard driving licence or other prescribed document and that the document shown would have convinced a reasonable person as to the customer’s age.

Regulation 2 of these Regulations amends the Public Health etc. (Scotland) Act 2008 (Sunbed) Regulations 2009 which prescribed only (b) below. The prescribed forms of acceptable identification are now—

a

a Defence Identity Card issued by the Ministry of Defence;

b

a photographic identity card bearing the national Proof of Age Standards Scheme hologram;

c

a national identity card issued by an EU state (other than the UK), Norway, Iceland, Liechtenstein or Switzerland; and

d

a Biometric Immigration Document.