(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.