Etma01_W100

Question 1(a) A person whom owns a sunbed business must be aware of many legal requirements when having a sunbed business. If you were to carry on a sunbed you would need to be aware of the Sunbeds (Regulation) Act 2010. There are clear statements providing the information for people carrying on a sunbed business. These are being aware that all people using the sunbeds are above the legal age of 18, no one under the age of 18 is to be offered any promotions within the business regarding usage of sunbeds and that no one under the age of 18 is within an enclosed room containing a sunbed. They must also confirm with their employees the seriousness of the regulation if any of the regulation is broken as the person whom owns the business would receive a punishment. Question 1 (b) If a person carrying on a sunbed business is guilty of an offence under the Sunbeds (Regulation) Act 2010 Section 2 subsection (1) there is a possible punishment of receiving a fine and conviction. The fine is usually a maximum of £20,000. However, they could possibly lose their business if they have committed more than one offence and have no possibility of paying the amount of the fine issued. Question 2 There are particular circumstances in which the use of a sunbed is exempt from the Sunbeds (Regulation) Act 2010. These circumstances are concerning medical treatment. If someone is advised to use a sunbed for medical treatment the person who authorises the treatment must be a registered medical practitioner under the National Health Service. If this is the case then the Sunbeds (Regulation) Act 2010 will become void for a person under the age of 18 as the use is for medical treatment only. They are also exempt from the requirements of the Sunbeds (Regulation) Act 2010 when the sunbed is made available for use in a healthcare environment for medical treatment. For example, a hospital has certain places where a sunbed is made particularly for this kind of situation and it is used only for medical treatment for patients. This is stated within the Sunbeds (Regulation) Act 2010 section 3 subsection (1). Question 3 (a) Shula has made two possible offences on her premises. However, one of the offences could be argued in her case. Nikki who is 18 and has booked an appointment at Shula’s salon is of the legal age to use a sunbed as the age is 18 and above. This means the Sunbeds (Regulation) Act 2010 does not apply to Nikki and Shula has not committed an offence with regards to Nikki. Mandy is aged 16 and is under the legal age to use a sunbed on business premises. Mandy explains Shula is her mothers friend and she uses Shula’s personal sunbed within her residential premises which is directly above Shula’s business. Although, Mandy is legally forbidden to use a sunbed on business premises it is not stated as to whether she is forbidden to use a sunbed altogether, i.e. residential premises. This could possibly be argued within a court of law for Shula as she could explain she was unaware that the regulation was meant for residential premises also. However, Shula’s business is above her business premises and it could possibly be connected to her business, this is not clear within the passage. Finally, to consider Grant, who is aged 17 which is under the legal age to use a sunbed. In the passage Grant explains he was at Shula’s salon with his sister who was using a sunbed whilst he was waiting for her he had a conversation with David, Shula’s assistant, who offered him a trial of sunbeds happening for that day. Due to David being below the age of requirement for the legislation there has been an offence committed on this part. Shula should have trained and made all her employees aware of the Sunbeds (Regulation) Act 2010. As stated in the regulation no offer should be made to anyone under the age of 18 to use a sunbed within a sunbed business. Shula would be responsible for the offence being committed as she is the owner and manager of the sunbed business, she would be the one receiving a fine for this offence committed. Question 3 (b) Tina’s treatment does fall within the Sunbeds (Regulation) Act 2010 as there is a section within the regulation regarding medical treatment which is Section 3 Exemption for medical treatment, which explains the terms on which the Sunbeds (Regulation) Act 2010 Section 2 becomes void. The section states clearly that when the use of a sunbed is needed for medical reasons the regulation is not applicable to those under the age of 18. Tina states she is 16 and has had some treatment at her local hospital previously which included a number of sessions using a sunbed. Tina is legally allowed to use the sunbed due to her receiving medical treatment and attending her local hospital to do so. As Tina used the sunbed within her local hospital it suggests it was authorised by a registered medical practitioner and there was no offence being committed. Word Count: 852 References The Open Uniersity (2010) Assessment Guide Part 1, Hampshire, The Open University, pp. 25 - 27