N.I.
Sunbeds Act (Northern Ireland) 2011
2011 CHAPTER 19
An Act to make provision about the use or supply of tanning devices that use ultraviolet radiation; and for connected purposes.
[3rd May 2011]
BE IT ENACTED by being passed by the Northern Ireland Assembly and assented to by Her Majesty as follows:
OffencesN.I.
Prohibition on allowing use of sunbeds by persons under 18N.I.
Prohibition on sale or hire of sunbeds to persons under 18N.I.
Prohibition on allowing unsupervised use of sunbedsN.I.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Prohibition on provision or display of other informationN.I.
Protective eyewearN.I.
Prospective
Requirements in relation to trainingN.I.
Prospective
Requirements in relation to sunbedsN.I.
Exemption for medical treatmentN.I.
EnforcementN.I.
Enforcement by district councilsN.I.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Obstruction of officersN.I.
Prospective
Registration or licensing of sunbed premises or operators, etc.N.I.
GeneralN.I.
Offences by bodies corporate etc.N.I.
15—(1) For the purposes of this Act, section 20(2) of the Interpretation Act (Northern Ireland) 1954 (c. 33) applies with the omission of the words “the liability of whose members is limited” and where the affairs of a body corporate are managed by its members, applies in relation to the acts or defaults of a member in connection with the functions of management as if that member were a director of the body corporate.
(2) If an offence under this Act is committed by a partnership or proved—
(a)to have been committed with the consent or connivance of a partner, or
(b)to be attributable to any neglect on the partner's part,
the partner as well as the partnership is guilty of the offence and liable to be proceeded against and punished accordingly.
(3) In subsection (2) “partner” includes a person purporting to act as a partner.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .InterpretationN.I.
17—(1) In this Act—
“authorised officer” has the meaning given by section 11(2);
“the Department” means the Department of Health, Social Services and Public Safety;
“health information” means information about the health risks associated with the use of sunbeds;
“operator” in relation to sunbed premises, means the person having management or control of those premises;
“premises” includes any place and, in particular, includes—
any land or building;
any tent or moveable structure; and
any vehicle or vessel;
“prescribed” means prescribed by regulations;
“regulations” means regulations made by the Department;
“sunbed” means an electrically-powered device designed to produce tanning of the human skin by the emission of ultraviolet radiation;
“sunbed premises” means premises in which persons are permitted to use a sunbed for payment of any kind (whether direct or otherwise).
(2) Subsections (3) and (4) have effect for determining for the purposes of this Act on which premises a sunbed is sold or hired where—
(a)the order for the sunbed is taken on certain premises (premises A); and
(b)the sunbed is despatched for delivery in pursuance of the sale or hire from other premises (premises B).
(3) Subject to subsection (4), the sale or hire is to be treated as taking place on premises A.
(4) But if—
(a)premises A are not in Northern Ireland; and
(b)premises B are in Northern Ireland,
the sale or hire is to be treated as taking place on premises B.
CommencementN.I.
18—(1) This section and sections 17 and 19 come into operation on the day after the day on which this Act receives Royal Assent.
(2) The other provisions of this Act come into operation on such day or days as the Department may by order appoint.
Short titleN.I.
19 This Act may be cited as the Sunbeds Act (Northern Ireland) 2011.
SCHEDULES
Section 11(3).
SCHEDULE 1N.I.POWERS OF AUTHORISED OFFICERS
1 An authorised officer has the right to do any of the following, on production (if required) of the officer's authorisation—N.I.
(a)at any reasonable hour, enter any premises within the district of that council to ascertain whether an offence under sections 1 to 9 has been or is being committed there;
(b)there carry out such inspections and examinations as the officer considers necessary for the purpose of the proper exercise of the officer's functions under this Act;
(c)if the officer considers it necessary for that purpose—
(i)require the production of any book, document or record (in whatever form it is held); and
(ii)inspect it and take copies of or extracts from it;
(d)take possession of any book, document or record which is on the premises (in whatever form it is held) and retain it for as long as the authorised officer considers necessary for that purpose;
(e)require any person to give the officer such information, or afford the officer such facilities and assistance, as the officer considers necessary for that purpose.
2 A person may not be required under paragraph 1 to answer any question or to produce any document which the person would be entitled to refuse to answer or produce in or for the purpose of proceedings in a court in Northern Ireland.N.I.
3—(1) An authorised officer may not under paragraph 1 enter premises which are occupied as a private dwelling unless under the authority of a warrant issued under sub-paragraph (2).N.I.
(2) A lay magistrate may issue a warrant, authorising the authorised officer to enter premises which are occupied as a private dwelling if need be by force, only if satisfied by complaint on oath that there are reasonable grounds for suspecting that—
(a)an offence mentioned in paragraph 1(a) has been, or is being, committed; and
(b)evidence of the commission of that offence may be found in those premises.
4—(1) In relation to premises other than premises occupied as a private dwelling, a lay magistrate may exercise the power in sub-paragraph (3) if the magistrate is satisfied by complaint on oath—N.I.
(a)that for the purpose of the proper exercise of the functions of a district council under this Act there are reasonable grounds for entering into any premises; and
(b)of either or both of the matters mentioned in sub-paragraph (2).
(2) The matters are—
(a)that admission to the premises has been, or is likely to be, refused, and that notice of intention to apply for a warrant under this Schedule has been given to the occupier or a person who reasonably appears to the district council to be concerned in the management of the premises;
(b)that an application for admission, or the giving of such notice, would defeat the object of the entry, or that the premises are unoccupied, or that the occupier is temporarily absent and it might defeat the object of the entry to await the occupier's return.
(3) A lay magistrate may issue a warrant authorising the authorised officer to enter the premises, if need be by force.
5 A warrant under paragraph 3 or 4 continues in force until the end of the period of one month beginning with the date on which the lay magistrate signs it.N.I.
6 An authorised officer entering any premises under this Schedule may take with the officer such other persons and such equipment as the officer considers necessary.N.I.
7 If premises which an authorised officer is authorised to enter by a warrant are unoccupied, or if the occupier is temporarily absent, then on leaving them that officer must leave the premises as effectively secured against unauthorised entry as the officer found them.N.I.
Section 12(3).
SCHEDULE 2N.I.FIXED PENALTIES
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .