W100 Etma01 Law
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W100 eTMA01
Question 1a
A person carrying on a sunbed business must make sure of certain things in relation to persons under the age of eighteen years. They must make sure that neither they nor anyone on their behalf offers the use of a sunbed to any person under the age of eighteen years. The proprietor of the sunbed business must also make sure that no person under the age of eighteen years uses any sunbed on their premises related to the business. Persons under eighteen years of age do not enter a ‘restricted zone’ which is defined as a space on the premises which is fully or partly enclosed and is intended for the user of the sunbed unless they are directly providing a service for the proprietor.
Question 1b
If the proprietor was to be found guilty of allowing a person who is under eighteen years of age to use as sunbed they could be liable by summary conviction to a fine of no more than £20,000 under the Sunbeds (Regulation) Act 2010. They could in this case defend themselves if they can prove that they had taken all possible measures to avoid a person who is under eighteen years of age using it.
Question 2a
A sunbed will become exempt from the Sunbeds (Regulation) Act 2010 under section 3 (Exemption for medical treatment) if it is to be used for a medical procedure. In this case it would be relating to a person under the age of eighteen years. The person could be having treatment for a skin disorder such as eczema. This means that it is being provided by or on behalf of a registered medical practitioner and under their supervision or direction. The sunbed will also need to be a ‘dedicated’ sunbed, meaning that it is strictly made available for the use of medical treatment and the procedure will be carried out in a healthcare establishment. Under this regulation a healthcare establishment would be defined in England as a hospital. This is stated in section 275 of the National Health Service Act 2006. In Wales it differs slightly. Under...
Question 1a
A person carrying on a sunbed business must make sure of certain things in relation to persons under the age of eighteen years. They must make sure that neither they nor anyone on their behalf offers the use of a sunbed to any person under the age of eighteen years. The proprietor of the sunbed business must also make sure that no person under the age of eighteen years uses any sunbed on their premises related to the business. Persons under eighteen years of age do not enter a ‘restricted zone’ which is defined as a space on the premises which is fully or partly enclosed and is intended for the user of the sunbed unless they are directly providing a service for the proprietor.
Question 1b
If the proprietor was to be found guilty of allowing a person who is under eighteen years of age to use as sunbed they could be liable by summary conviction to a fine of no more than £20,000 under the Sunbeds (Regulation) Act 2010. They could in this case defend themselves if they can prove that they had taken all possible measures to avoid a person who is under eighteen years of age using it.
Question 2a
A sunbed will become exempt from the Sunbeds (Regulation) Act 2010 under section 3 (Exemption for medical treatment) if it is to be used for a medical procedure. In this case it would be relating to a person under the age of eighteen years. The person could be having treatment for a skin disorder such as eczema. This means that it is being provided by or on behalf of a registered medical practitioner and under their supervision or direction. The sunbed will also need to be a ‘dedicated’ sunbed, meaning that it is strictly made available for the use of medical treatment and the procedure will be carried out in a healthcare establishment. Under this regulation a healthcare establishment would be defined in England as a hospital. This is stated in section 275 of the National Health Service Act 2006. In Wales it differs slightly. Under...