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

S.S.I. 2013/201 · Made 18 June 2013

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Public Health

Made 18th June 2013

Laid before the Scottish Parliament 20th June 2013

Coming into force 1st October 2013

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 2008f1 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.

Annotations to the whole text

Footnotes

f1

2008 asp 5.

Contents

  1. 1Citation and commencement
  2. 2Amendment of the Public Health etc. (Scotland) Act 2008 (Sunbed) Regulations 2009
  3. Signature
  4. Explanatory note

1Citation and commencement

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.

2Amendment of the Public Health etc. (Scotland) Act 2008 (Sunbed) Regulations 2009

For regulation 2 of the Public Health etc. (Scotland) Act 2008 (Sunbed) Regulations 2009f1 substitute—

“Prescribed documents

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 (other than the United Kingdom), Norway, Iceland, Liechtenstein or Switzerlandf5; and

(d)

a Biometric Immigration Documentf6.”.

Signature

MICHAEL MATHESON

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

18th June 2013

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.