Essay

Q1A. A person who carries a sunbed licence must ensure that the owner of the premises should not attempt to offer persons under the age of 18 nor should they authorise the use of the sunbed to them.1(b) Sunbed Regulations Act 2010 this meaning the premises to which the person carrying the licence control or is in their management except where those premises are used as a person’s residential home. The business must also ensure that no person under 18 years of age enters a restricted zone, section 1(c) Sunbed Regulations Act 2010 this meaning any part of the business premises that are reserved for people who use the sun bed’s. If the business keeps their sunbed’s in a whole or partly enclosed space such as a separate room, booth or a cubicle that it reserves for people who use the sunbed then every part of that reserved space is a restricted zone. For A person aged under 18 years old is only allowed in a restricted zone if they are providing a service for example working or contracted to help for that business. Q1B. If the person carrying on a sunbed licence fails to abide by the law and allows a person under 18 years of age to be offered the use of a sunbed, this will be considered an offence and if convicted as a result will be liable to pay a fine not exceeding £20,000. This will also apply for persons under 18 years of age that enter a restricted zone under Section 1(5) Sunbed Regulations Act 2010. If the person offered did not go through with the treatment for example if it did not work or they changed their mind the persecution will still be in play and therefore considered an offence. If the owner of the business can prove they took all required measures and applied due diligence in avoiding the described , then the charges will be invalid and will have a strong defence under Section 1(7) Sunbed Regulations Act 2010. Q2. There is an exemption for medical treatment, section 3 Sunbed Regulations Act 2010 the use of a sunbed only falls into this section if the use of a sunbed is for medical purposes only and has been appointed by a medical doctor. , for a person under 18 who is using the sunbed has to be under supervision, The sunbed must be only accessible for the purpose of medical reasons only and this falls under section 3 regulation act 2010,this has to be provided by a health care establishment.. Dedicated means a sunbed appointed for the purpose of medical treatment only. (HMSO) A healthcare establishment in England as defined by section 275 National Health Services Act 2006 this means a hospital with Any sunbed dedicated for medical treatment must be made available purely for that purpose only. Q3A Shula Smith has not committed an offence regarding Nikki because she is 18 years old so for which reason she is permitted to use sunbed’s legally, despite the fact that nikki is 18 years old shula should have asked her to show her proof of age to make sure she was following the required procedure. If she had done so then she would have had a defence if she had to prove that she did what the law required her to do.. As for mandy Shula Smith has not committed an offence because even though she is only 16 years old the sunbed that she used was in shula is flat which is her home and its not in a restricted zone, the flat is also on a different level from her business, for a case not to be brought forward on Shula she needs to be sure that she only uses the sunbed in her home for personal satisfaction only, If she uses it for business then the flat will become a restricted zone. Shula Smith and her assistant have committed an offence with regards to Grant this is because shula is assistant made an offer to Grant for sunbed trial session. As noted in section 1(b) Sunbed Regulation Act 2010 no person under 18 years of age is to be offered the use of a sunbed on the business owners behalf on the premises to which the licence holder manages or controls. (HMSO) Even though grant did not participate in the trial offer that was made to him, this is still seen as an offence because an offer was made to some one who is under 18 years old on shula’s business premises . Q3B Tina’s treatment fall within the ambit of the Sun bed Regulations Act 2010. In the extract it mentions that Tina has some treatment at her local hospital. Tina needs to make sure that the sunbed which were used for her treatment was for medical purpose only and that she was under supervision by a medical doctor as set out in section 3(1a) Sunbed Regulations Act 2010. Reference. The open university Assessment guide part one. Extracts from sunbeds regulation act 2010. HMSO. Word count 846