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Tr3365 page 1 Question 1(a) Someone that has control of a sunbed business must make sure that no one under the age of 18 uses a sunbed on the premises that are relevant, i.e., the sunbed business. Sunbed act 2010 section 2(1)(a)(b). That a person under the age of 18 must not enter an area that has been given exclusive uses of a sunbed ,S2(1)(c)S2(4)(5.) Someone under the age of 18 may enter a restricted zone if they are working in the premises and the reason for entering the restricted zone is purely to provide the person with services related to the sunbed business and not to use a sunbed S2(1)(c). B If a person does commit an offense against the sunbeds act, they’re liable to get a fine that could amount to the sum of £20,000 S2(2)(6), unless they can prove they did everything in their power to try to not commit the offense S2(2)(7). Question 1 (a) and (b) 150 words. Turner Reynolds tr3365 Page 2. Question 2(a) A person under the age of 18 may use a sunbed if they have sought the advice from a registered medical practitioner and were told the person needs to use a sunbed for such medical reasons, section3 (1)(a) The sunbed must only be used if it’s in a recognised healthcare establishment as (set out by section 275 of the National Health Service act 2006) or if the sunbed has been provided by one of these establishments. S3 (1)(b). So for this reason a person under 18 may be permitted to enter a restricted zone if they been advised to use a sunbed by their doctor.S3(1)(4) A sunbed may only be used by a person under 18 if it’s specifically for the sole use of medical treatment and is not used for any other purpose. S3 (1)(b) A person who has control of a sunbed premises may offer the service of a sunbed for medical use, only if they have made sure the sunbed is for this exclusive use only (S3(1)(b)) and they have gone through all the correct channels to procure this specific sunbed S3(1)(b) and their certain of the correct medical advice being given to the user. S3(1)(a). Question 2(a) 199 words. Turner Reynolds tr3365 page 3. Question 3 (a) Shula has committed no offense with regards Nikki, under the sunbeds regulation act 2010 section 2 (1)(a), it clearly states that the offense would of been directed to a person under the age of 18, Nikki was 18 at the time she booked an appointment at Shula’s salon, thus Shula has committed no offense on this occasion. It could be argued that Shula has committed no offense in regards Mandy, the sunbeds act states in section 2(1)(a) that no person under the age of 18 uses on a “relevant premises” a sunbed to which the business relates, Mandy explained that her mother was friends with Shula and Mandy and her mother used the sunbed that was in Shula’s flat. Shula’s flat would not fall under “relevant premises” in regards the sunbeds act section 2 (b) so therefore regardless of Mandy’s age, Shula has committed no offense. Grant is 17 years of age, he is in Shula’s sunbed shop with his sister.. Grant could well have been waiting for his sister in reception or a waiting room, provided Grant did not go into the sunbed room and that Shula and her employees made sure that they stuck to the sunbeds act S2(1)(c) and that Grant at no time entered a “restricted zone”, then it would be safe to say that Shula has not committed an offense on this occasion. On the other hand, David, who is one of Shula’s employees, shows Grant a promotion that the salon is running that afternoon. David is here offering Grant the chance to take up this opportunity, Shula has now committed an offense under Section2(b) of the sunbeds act. Having established David is in fact working for Shula, then it is clear an offense has been committed by Shula when David offers grant the deal. Turner Reynolds tr3365 Page 4. 3.B. Tina is 16 years of age, she has had some treatment at a hospital using a sunbed. Section 3 of the sunbeds regulation act 2010 explains about exemption for medical treatment. Notice that in section 3 (1)(a) a person under the age of 18 may only use a sunbed if it is for medical reasons and the treatment has been prescribed by ,or overseen by a registered medical practitioner. Section 3 (1)(b) explains where the sunbed should be situated. In this section we see the phrase “healthcare establishment”, what is meant by this phrase. Under section 3 (5)(a) we can see that a healthcare establishment in England means a hospital. Tina explained that she had her treatment in a hospital, so under section 3(5)(a) no offense has been committed. Although Tina is 16 years old, she does not fall under section 2(1)(a)(b)(c) because of the reasons given in section 3 of the sunbeds regulation act 2010, providing that the sunbed used for Tina’s treatment was ONLY used for the purpose of Tina's treatment, S3(1)(a)(5)(1). Also the sunbed would of had to of been in the right place S3(1)(b) and the treatment offered to Tina was by a qualified and registered medical person S3(1)(a). Turner Reynolds tr3365 page 5. Tina was well within her rights to have used a sunbed under these circumstances and Tina’s case would have fallen under the sphere of the sun beds act and her actions would have been justified. Question 3 ,539 words. Total word count, 888. Bibliography. The Open University assessment guide part 1 2010, pages 25,26,27,28. The Open University, milton-keynes.