PUBLIC HEALTH (SUNBEDS) ACT 2014

• Jurisdiction: Ireland
• Citation: IR No. 12/2014
• Year: 2014

Number 12 of 2014
PUBLIC HEALTH (SUNBEDS) ACT 2014
CONTENTS
Section
1. Interpretation
2. Regulations
3. Application of Act
4. Prohibition on permitting use of sunbed by person under 18 years of age on sunbed premises
5. Prohibition on sale or hire of sunbed to person under 18 years of age
6. Prohibition on unsupervised use of sunbed
7. Protective eyewear
8. Hygiene
9. Prohibition of certain marketing practices
10. Prohibition on health claims
11. Warning signs
12. Remote sale or hire of sunbed
13. Notification
14. Training
15. Health Information
16. Appointment of authorised officers
17. Powers of authorised officers
18. Test purchasing
19. Service of documents
20. Fixed payment notice for offences
21. Executive may publish information respecting certain persons
22. Offences
23. Costs
24. Expenses
25. Short title and commencement
Acts Referred to
Companies Acts
Intoxicating Liquor Act 1988 (No. 16)
Medical Practitioners Act 2007 (No. 25)
Petty Sessions (Ireland) Act 1851 (14 & 15 Vic, c. 93)
Qualifications and Quality Assurance (Education and Training) Act 2012 (No. 28)
Number 12 of 2014
PUBLIC HEALTH (SUNBEDS) ACT 2014
An Act to regulate the use and supply of sunbeds; to prohibit permitting persons under 18 years of age to use a sunbed on a sunbed premises; to prohibit the sale or hire of sunbeds to persons under 18 years of age; and to provide for related matters. [24 th June, 2014]
Be it enacted by the Oireachtas as follows:
		Interpretation
1. In this Act—
	authorised officer” means a person appointed under section 16;
	age card” has the same meaning as it has in Part IV of the Intoxicating Liquor Act 1988 ;
	employee” means a person who has entered into or works under (or, where the employment has ceased, entered into or worked under) a contract of employment and includes a fixed-term employee, a temporary employee, a person who is training for employment or receiving work experience and a member of the family of an employer and references, in relation to an employer, to an employee shall be construed as references to an employee employed by that employer;
	employer”, in relation to an employee—
	(a) means the person with whom the employee has entered into or for whom the employee works under (or, where the employment has ceased, entered into or worked under) a contract of employment,
	(b) includes a person (other than an employee of that person) under whose control and direction an employee works, and
	(c) includes where appropriate, the successor of the employer or an associated employer of the employer;
	Executive” means the Health Service Executive;
	hire” includes to offer for hire or to hire or to supply, whether or not for profit, and cognate words shall be construed accordingly;
	Minister” means the Minister for Health;
	premises” includes a building, a dwelling or other structure, or part of a building, dwelling or other structure, a vessel, a vehicle, a tent, caravan or other temporary or movable structure;
	“prescribed” means prescribed by regulations made by the Minister;
	restricted area” means—
	(a) a wholly or partly enclosed space on a sunbed premises where there is a sunbed, or
	(b) a room, other than a space referred to in paragraph (a), in a sunbed premises where there is a sunbed;
	sale” includes to offer for sale or to sell or to supply, whether or not for profit, and cognate words shall be construed accordingly;
	sunbed” means an electrically-powered device designed to produce tanning of the human skin by the emission of ultra-violet radiation;
	sunbed business” means, as the context requires, a business where one or more than one sunbed is made available for use or a business which sells or hires sunbeds or advertises or promotes the use, sale or hire of sunbeds;
	sunbed premises” means premises on which a sunbed business is carried on.
		Regulations
2. (1) The Minister may, after consultation with such Ministers of the Government as the Minister considers appropriate, make regulations prescribing any matter or thing which is referred to in this Act as prescribed or to be prescribed.
	(2) Regulations under this Act may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of the regulation.
	(3) Every regulation under this Act shall be laid before the Houses of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next 21 days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.
		Application of Act
3. (1) This Act applies to the use of a sunbed on a sunbed premises, the sale or hire of sunbeds or the advertisement or promotion of the use, sale or hire of sunbeds.
	(2) This Act does not apply to the use of a source of artificial ultra-violet radiation used for phototherapy provided under the supervision or direction of a relevant medical practitioner in a healthcare establishment, or provided elsewhere by that establishment under such supervision or direction.
	(3) In this section—
	healthcare establishment” means a hospital, healthcare centre, clinic or other facility which is normally attended by a relevant medical practitioner, where phototherapy may be provided under the supervision or direction of such a medical practitioner and where that equipment is regulated by a medical physicist;
	medical practitioner” means a medical practitioner who is for the time being registered in the register established under section 43 of the Medical Practitioners Act 2007;
	relevant medical practitioner” means a medical practitioner who is registered in the Specialist Division of the register, under section 43 of the Medical Practitioners Act 2007, under the medical specialities of—
	(a) dermatology,
	(b) paediatrics, or
	(c) such other specialities as the Minister may prescribe.
		Prohibition on permitting use of sunbed by person under 18 years of age on sunbed premises
4. (1) The owner, manager or employee of a sunbed business shall not—
	(a) sell the use of a sunbed on a sunbed premises to a person under 18 years of age,
	(b) permit a person under the age of 18 years to be in a restricted area, except in the course of employmentin or for the purpose of the provision of services to the sunbed business concerned, or
	(c) permit a person under the age of 18 years to use a sunbed on a sunbed premises.
	(2) A person who contravenes subsection (1) commits an offence.
	(3) In any proceedings against a person for an offence under subsection (1), it shall be a defence for such person to prove that the person under 18 years of age produced to him or her—
	(a) an age card,
	(b) a passport, or
	(c) a driving licence, relating to that person.
		Prohibition on sale or hire of sunbed to person under 18 years of age
5. (1) A person shall not sell or hire or offer for sale or hire, or permit to be sold or hired or offered for sale or hire, a sunbed to a person under 18 years of age.
	(2) A person who contravenes subsection (1) commits an offence.
	(3) In any proceedings against a person for an offence under subsection (1), it shall be a defence for such person to prove that the person under 18 years of age produced to him or her—
	(a) an age card,
	(b) a passport, or
	(c) a driving licence, relating to that person.
		Prohibition on unsupervised use of sunbed
6. (1) The owner or manager of a sunbed business shall not—
	(a) permit a person to use a sunbed on a sunbed premises except under the supervision of the owner or manager concerned or an employee of the sunbed business concerned,
	(b) employ a person who is under 18 years of age to supervise the use of a sunbed on a sunbed premises.
	(2) A person who is supervising the use of a sunbed shall ensure that—
	(a) the person using the sunbed is over the age of 18 years,
	(b) protective eyewear is made available, as required by section 7,
	(c) a copy of the information prescribed under section 15 (1) has been provided to the person proposing to use the sunbed and that the person concerned has had an opportunity to read that information, and
	(d) the form referred to in section 15 (2) has been signed by the person who proposes to use the sunbed.
	(3) A person who contravenes subsection (1) or (2) commits an offence.
		Protective eyewear
7. (1) The owner, manager or employee of a sunbed business shall—
	(a) make protective eyewear available to a person who proposes to use, purchase or hire a sunbed,
	(b) ensure that a person who uses a sunbed on the sunbed premises concerned wears protective eyewear, and
	(c) ensure, where the eyewear referred to in paragraph (a) is single use eyewear, such eyewear is disposed of after use, or
	(d) ensure, where the eyewear referred to in paragraph (a) is multi-use eyewear, such eyewear is appropriately sanitised before re-use.
	(2) The owner or manager of a sunbed business shall retain for such period as the protective eyewear concerned is available for use, and in any event for a period of not less than 2 years, on the sunbed premises for the purpose of inspection by an authorised officer, documentary evidence that protective eyewear made available in accordance with subsection (1)(a) complies with the required standard.
	(3) A person who contravenes subsection (1) or (2) commits an offence.
	(4) In this section—
	protective eyewear” means eyewear, designed to protect the eyes of a person using a sunbed from ultra-violet radiation, which complies with the required standard;
	required...